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Updated: 08/26/2024
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Charleston Appellate Advocacy Lawyer
Overview
Ben is a trial and appellate lawyer. His favorite legal habitat is the courtroom. He has successfully handled a broad variety of cases for clients as diverse as the State of West Virginia, major international insurance and manufacturing businesses, gaming companies, public officials from both major political parties, and nice people wrongly accused of murder.Ben spent his first eight years following law school in public service. After two years as a law clerk to the Honorable John T. Copenhaver, Jr., he served two years as an Assistant United States Attorney for the Southern District of West Virginia. His principal prosecutorial focus was fraudulent coal tax shelters. After that, he became Counsel to the Governor of West Virginia for four years.
Because no good deed goes unpunished, Ben has been trying cases, or preparing to try them, ever since leaving public service. After ten years as a litigation partner at a large Charleston, West Virginia law firm, he and Brian Glasser formed Bailey & Glasser in 1999. Some of his higher-profile cases since then include defending the State of West Virginia in a landmark attack by environmental groups on the state's regulation of mountaintop removal mining, prosecuting the state's antitrust case against Microsoft, extricating a railroad products manufacturer from West Virginia's mass asbestos trials, and successfully pursuing a CERCLA and RCRA action on behalf of the citizens of Cheshire, Ohio against one of the nation's biggest electric utilities.
Unlike many lawyers today, Ben actually tries cases. For example, in the last three years, he has successfully concluded three trials in an environmental matter, a legal malpractice case and a murder trial for a prominent businessman who killed a man in self-defense.
Ben is a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit and a founding member of the Charleston Chapter of the American Inns of Court. He is Chairman of the Criminal Law Committee of the West Virginia State Bar. He is AV rated in Martindale Hubbell. Chamber U.S.A.'s Guide to America's Leading Business Lawyers rates him in the first tier of General Commercial Litigators in West Virginia, and described him as an “outstanding litigator and go-to guy.” He lectures occasionally on legal ethics and trial practice issues.
About Benjamin L. Bailey
Practice Areas
- Appellate Advocacy
- Arbitration & Dispute Resolution
- Automotive
- Catastrophic Personal Injury
- Class Actions
- Commercial Litigation
- Criminal Defense & Internal Investigations
- MDL Panels
- Product Liability
Litigation
- 95%
Qualifications
Bar Admissions
- West Virginia, 1981
- U.S. Court of Appeals 4th Circuit, 1982
- U.S. District Court Southern District of West Virginia, 1981
- U.S. District Court Northern District of West Virginia, 1987
- U.S. Supreme Court
Other Affiliations
- Republican National Convention, West Virginia, 1988 (Delegate-at-Large)
- National Board of Directors (Washington and Lee University Alumni Association)
- West Virginia State Bar (Member)
- Judicial Conference for the U.S. Court of Appeals for the Fourth Circuit (Permanent Member)
Education
- Harvard Law School, Cambridge, Massachusetts
J.D., Doctor of Jurisprudence - Washington and Lee University, Lexington, Virginia
B.A., Bachelor of Arts
Honors: magna cum laude
Honors: Phi Beta Kappa, Omicron Delta Kappa
Past Positions
- Hon. John T. Copenhaver, Jr., US District Court, Southern District of West Virginia, Law Clerk, -
- Southern District of West Virginia, Assistant, US Attorney, -
- Governor of West Virginia, Administrative Assistant and Counsel, -
Achievements
Other Sources of Feedback About Benjamin L. Bailey
Included on the 2025 West Virginia Super Lawyers list
Past Lists
- 2024 West Virginia Super Lawyers list
- 2023 West Virginia Super Lawyers list
- 2022 West Virginia Super Lawyers list
- 2021 West Virginia Super Lawyers list
- 2020 West Virginia Super Lawyers list
- 2019 West Virginia Super Lawyers list
- 2018 West Virginia Super Lawyers list
- 2017 West Virginia Super Lawyers list
- 2016 West Virginia Super Lawyers list
- 2015 West Virginia Super Lawyers list
- 2014 West Virginia Super Lawyers list
- 2013 West Virginia Super Lawyers list
- 2012 West Virginia Super Lawyers list
- 2011 West Virginia Super Lawyers list
- 2010 West Virginia Super Lawyers list
- 2009 West Virginia Super Lawyers list
- 2008 West Virginia Super Lawyers list
- 2007 West Virginia Super Lawyers list
Office Information
Address
209 Capitol Street Charleston, WV 25301
Phone
Fax
- (304) 342-1110
Accepts Credit Cards
Yes
Websites
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Call us at (304) 345-6555
Firm Address
Phone:
Fax:
(304) 342-1110