West Virginia State Bar (Lawyer Disciplinary Board) Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the West Virginia State Bar (Lawyer Disciplinary Board), with full citations and source links on every page.
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In a child abuse or neglect case, may the parents' lawyer arrange a medical or psychological exam of the children, who are represented by a court-appointed guardian ad litem, without the guardian's consent?
LEI 83-9 concluded that a lawyer representing parents in neglect or abuse proceedings may not directly or indirectly arrange a medical or psychological examination of the children without first obtain…
Can a full-time state-employed attorney who also acts as a special assistant attorney general represent a private citizen's Crime Victims Reparation Act claim before the Court of Claims?
LEI 83-8 concluded that a state-employed attorney may represent a private citizen's Crime Victims Reparation Act claim before the Court of Claims, including in an adversarial hearing, because the Repa…
May a nonprofit legal aid society pay the medical-examination expenses of indigent clients with disability benefit claims out of a charitable fund?
LEI 83-6 concluded that a legal aid society may advance medical-examination costs for indigent disability claimants if the money comes from an independent fund unrelated to the funds that pay the soci…
Can a prosecuting attorney or assistant prosecuting attorney represent a private client with a claim against a state agency before the West Virginia Court of Claims?
LEI 83-4 concluded that it is not ethically proper for a prosecuting or assistant prosecuting attorney to represent a claimant in a matter before the West Virginia Court of Claims, because the state a…
Can a court-appointed criminal defense lawyer accept additional payment from the client's family on top of the statutory fee for appointed counsel?
LEI 83-5, a disciplinary ruling, concluded that the statutory fee for court-appointed counsel is the lawyer's exclusive compensation; a lawyer may not accept additional payment from the defendant or t…
Can a lawyer draft a will for a client that names the lawyer as a beneficiary or executor, where the client wants the lawyer to inherit?
LEI 83-3 concluded that a lawyer should not prepare a will naming himself as beneficiary or grantee; the respondent who drafted a will leaving himself substantial real estate, without advising the cli…
When a lawyer agrees to 'protect' a treating doctor's fees out of a personal-injury client's recovery, what are the lawyer's duties, and may the lawyer charge the doctor a collection fee?
LEI 82-5, a disciplinary ruling, concluded that a lawyer may withhold and pay a treating doctor's fees from a client's recovery if the client authorizes it, but the lawyer represents the client and no…
Can lawyers appointed as special prosecutors keep their private criminal-defense practice while serving, and under what safeguards?
LEI 81-9 concluded that, although a prosecutor ordinarily may not also defend criminal cases, a narrow, fact-specific exception let two lawyers appointed as special prosecutors for a limited time and …
If a law firm represents county officials in a federal civil rights class action brought by jail inmates, can the firm also accept court appointments to defend indigent criminal defendants held in that same county jail?
LEI 81-10 concluded that a firm representing county officials in a federal civil rights class action brought on behalf of all persons confined in the county jail should not accept appointments to defe…
Can a lawyer employed as a Public Service Commission staff attorney also take private work as a consultant or expert witness in utility rate cases for outside consumer groups?
LEI 81-4 concluded that a Public Service Commission staff attorney should stop accepting any private employment related to utilities and utility regulation while employed by the PSC, to avoid conflict…
Can a city attorney who prosecutes juvenile cases also accept appointments, or a retainer, to defend juveniles in court?
LEI 81-3 concluded that a city attorney whose duties include prosecuting juvenile cases should not defend juveniles, whether retained or appointed, in a state court of record, because the prosecutor's…
Can a full-time state-employed lawyer represent private clients in lawsuits against the State and collect fees from the State on top of a salary?
LEI 80-4 concluded that where a state-employed lawyer has no statutory, constitutional, or contractual duty to represent the State, there is no per se conflict under DR 5-105(B), but a full-time state…
Can a West Virginia law firm turn its overdue client accounts over to a collection agency to collect unpaid fees?
LEI 80-1 answered no. Although DR 4-101(C)(4) lets a lawyer reveal the minimum client information needed to collect a fee, the Committee concluded that injecting a collection agency into the attorney-…
Can a court-appointed criminal defense lawyer decide on his own to stop post-conviction proceedings he thinks are against the client's interest, or does the client decide?
LEI 79-16 concluded the lawyer does not get to elect whether to continue; the client decides whether to pursue setting aside the plea. If the client insists after being fully advised of the consequenc…
Can a West Virginia lawyer keep representing a criminal defendant when partners in the firm previously did civil work for the corporation that is the alleged victim?
LEI 79-13 concluded there would be no conflict of interest so long as the lawyer fully informs the client that his partners had previously represented the alleged-victim corporation and the client sti…
If a West Virginia lawyer becomes a part-time municipal judge, can the other lawyers in his firm still practice criminal law in circuit court and elsewhere?
LEI 79-3 concluded the municipal judge himself may not try criminal cases in any court, represent civil litigants against the city, or appear in municipal court, and that DR 5-105(D) imputes a narrowe…
Can a West Virginia lawyer take collection cases forwarded by a collection agency that has authority from the creditor to hire counsel and file suit?
LEI 79-6 concluded the lawyer may accept collection matters from a collection agency acting at the request of and with the authority of the creditor, and represent the creditor, provided there is no d…
Will the West Virginia ethics committee decide a conflict-of-interest or attorney-disqualification question that arises in a case already in litigation?
No. LEI 78-20 declined to consider the conflict-of-interest question because it related to litigation pending before a circuit court, stating that matters regarding the disqualification of attorneys i…
What must a West Virginia lawyer do after learning that the clients committed fraud on a tribunal through false income testimony?
LEI 78-19 concluded the lawyer should promptly withdraw from the representation and, if the clients refuse to rectify the fraud, reveal it to the affected tribunal. The Committee held that any conflic…
If a third party (not the client) tries to bribe the complaining witness in a criminal case, must the appointed defense lawyer reveal it to the court?
LEI 78-15 concluded that a non-client third party's attempt to bribe the witness was not privileged information, and the lawyer, as an officer of the court, had to promptly reveal the resulting fraud …
Can a West Virginia lawyer accept credit cards in payment for legal services, and may the lawyer display a credit-card emblem in the office?
Under LEI 78-16 (since rescinded), the Committee reported that a lawyer could not display a credit-card emblem or window decal in the office, deeming such display undignified and a form of improper so…
Can a part-time municipal judge or a city solicitor (or their law partners) represent criminal defendants in courts in the same county?
LEI 78-12 concluded that a municipal judge with criminal jurisdiction, and his partners and associates under DR 5-105(D), may not represent criminal defendants in the Circuit Court, and that a city so…
Can a lawyer add a monthly finance charge or interest to overdue client fee accounts and print notice of it on billing statements?
Under LEI 78-7 (since rescinded by LEI 93-02), the Committee concluded it was improper for a lawyer to impose interest or finance charges on delinquent fee accounts and to print notice of those charge…
What should a lawyer do with settlement funds he is holding for clients he cannot locate, and when can he deduct his fee?
LEI 78-6 concluded that a lawyer holding settlement funds for clients he could not locate should renegotiate the stale checks, hold all the funds in a separate interest-bearing trust account naming hi…
Can a law firm share its offices, letterhead, staff, and billing with a court reporter, or make the court reporter a partner?
LEI 78-5 concluded the arrangement was improper and that the court reporter's business and the law firm's operation must be completely separate. The firm could employ the reporter (who could also free…
Must a criminal defense lawyer tell the court or prosecutor that his clients were never arraigned, when staying silent could bar a retrial?
LEI 78-4 concluded that defense counsel was under no duty to point out to the court or prosecutor that his clients had not been arraigned; he could remain silent, but he could not deliberately induce …
Can a prosecuting attorney or his assistants represent injured claimants in civil suits arising out of motor vehicle accidents in their county?
LEI 78-2 concluded that a prosecutor, and any partner, associate, or affiliated lawyer, may not represent a party in a civil suit arising from a motor vehicle accident in which the prosecutor or his s…
Can an assistant prosecuting attorney also serve on an appointed board that hears civil business-and-occupation (B&O) tax matters in a town?
LEI 78-18 concluded there would be no conflict of interest for an assistant prosecuting attorney to sit in an appointed position on a board hearing civil matters relating to the payment of business an…
Can an Assistant Attorney General who handles tax matters for the State accept court appointments to represent defendants in criminal cases?
LEI 78-14 concluded that it was not ethical for an Assistant Attorney General to accept court appointments in criminal cases while handling tax matters for the State.
Can a firm with offices in more than one state form a partnership with a West Virginia lawyer and use the same firm name in West Virginia?
LEI 78-11 concluded that, under DR 2-102(D), forming the proposed partnership with an out-of-state lawyer and using the same firm name in West Virginia would not be ethically improper as long as the j…
Can an assistant prosecuting attorney keep representing a private client in a lawsuit against a state agency, and can a leave of absence or his law partners cure the conflict?
LEI 78-1 concluded that an assistant prosecuting attorney could not continue to prosecute an action against the West Virginia Board of Regents for a private client; a leave of absence would not cure t…
Can a prosecuting attorney or a member of the prosecutor's staff represent a private client in a claim before the Workmen's Compensation Commission?
LEI 77-9 concluded a prosecutor or staff member may not prosecute an action on behalf of a private client against the Workmen's Compensation Commissioner, but may represent a claimant seeking disabili…
Can a West Virginia lawyer print 'Specializing In' a list of practice areas on a business card?
LEI 77-8 concluded that a business card reading 'Specializing In' Social Security, Workmen's Compensation, personal injury, Department of Labor, black lung, and medical negligence violated DR 2-105(A)…
Can a West Virginia lawyer represent both spouses in a no-fault 'irreconcilable differences' divorce if both consent?
LEI 77-7 concluded it would be improper for a lawyer to represent both husband and wife at any stage of a marital problem, even with full disclosure and informed consent, and that the no-fault statute…
Can a part-time municipal judge with criminal jurisdiction represent criminal defendants in the circuit court when his own city is not involved in the case?
LEI 77-3 concluded it would be improper for a municipal judge with criminal jurisdiction to represent criminal defendants in the circuit court, even though his jurisdiction was limited to municipal or…
Can a lawyer switch sides to represent the husband against a former divorce client, and can a lawyer contact other accident victims' families to take their cases?
LEI 77-2 concluded it would be highly improper for the lawyer to 'switch sides' and represent the husband against the wife he had formerly represented in her divorce, and that it would be improper to …
Can a West Virginia lawyer who is also a CPA mail other lawyers an announcement offering to consult on tax and estate matters, and may it say 'I am a certified public accountant'?
LEI 77-11 concluded the lawyer could announce to other lawyers his availability as a consultant in taxation and estate planning under DR 2-105(A)(3), but had to omit the statement 'I am a certified pu…
Can a West Virginia lawyer own a collection agency while continuing to practice law?
LEI 77-1 concluded a practicing lawyer may not participate in the activities or management of a collection agency that solicits the collection of claims, and may not, if he has a financial interest in…
Can a West Virginia lawyer also work as a licensed life insurance agent, soliciting business and splitting commissions?
LEI 76-5 concluded a lawyer may hold a life insurance agent's license but must keep the two pursuits wholly separate: he may not identify himself as a lawyer in the insurance business or use it to sol…
Can a West Virginia lawyer accept credit cards for payment of legal fees and expenses?
Formal Opinion 76-4 concluded that an attorney's participation in a credit-card plan for legal fees and expenses is not improper if the plan meets seven conditions, including that the client may asser…
Can a lawyer use a paralegal for criminal investigative work, including interviewing prisoners outside normal business hours?
LEI 76-7 concluded a lawyer may delegate non-ministerial tasks such as factual investigation, legal research, and document preparation to paralegals and other nonlawyer staff, provided the lawyer keep…
After a lawyer is elected prosecuting attorney, can his office associates or partners defend criminal cases in adjacent counties or in federal court?
Formal Opinion 76-3 concluded that, once the inquirer became prosecuting attorney, his office associates or partners (whether or not technically partners) could not represent criminal defendants in an…
Can a lawyer who has left practice to sell insurance put 'Attorney at Law,' 'Former Practicing Attorney,' or bar membership on an insurance business card?
LEI 76-2 concluded that identifying oneself as a lawyer on an insurance company business card is proscribed by DR 2-102(E); because the inquirer was not licensed in West Virginia, calling himself an '…
Can a lawyer who is also a licensed real estate broker run the real estate business out of the law office and put both on the office sign?
LEI 76-1 concluded an office sign showing both 'Attorney at Law' and the lawyer's name as a real estate broker was improper, because it advertised the real estate business conducted from the law offic…
Browse West Virginia State Bar (Lawyer Disciplinary Board) opinions by topic
Legal ethics opinions from the West Virginia State Bar (Lawyer Disciplinary Board) interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.