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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Can a West Virginia lawyer join an online attorney-client matching service that collects the client's fee and takes a per-case 'marketing fee' out of it?
No. The Board concludes that a lawyer who participates in the described attorney-client matching service model would violate the Rules of Professional Conduct, because the per-matter marketing fee sha…
What ethics rules govern a West Virginia lawyer's use of social media (Facebook, LinkedIn, Twitter) for client matters, friending, juror and judge research, reviews, and advertising?
L.E.O. 2015-02 answers twelve social media questions. West Virginia lawyers may advise clients about their posts, connect with clients, review jurors, and advertise online, but may not contact represe…
Can a West Virginia law firm organize another law firm as its wholly-owned subsidiary, and how must the two firms hold themselves out and check conflicts?
Yes. The opinion concludes the Rules of Professional Conduct accommodate a wholly-owned subsidiary law firm, provided the firm complies with Rule 5.7 and West Virginia statutes; both firms must disclo…
How do West Virginia's advertising and solicitation rules apply to a lawyer's website, email, newsgroup postings, and chat-room contacts?
Websites are public-media advertising subject to the truthfulness rules; email and newsgroup solicitations should carry an 'Advertising Material' label; spamming can be improper harassment; and real-t…
Can a West Virginia lawyer participate in a prepaid legal services plan, and who is responsible for the plan's advertising?
A lawyer who participates in a prepaid legal services plan is ethically responsible for the plan's advertising and solicitation in West Virginia, and a plan that pays the lawyer nothing while charging…
Can a West Virginia law firm advertise under a trade name while doing business under a different name made up of the partners' names?
Only if it discloses both names. The opinion concluded that advertising under a trade name that conceals the firm's identity is materially misleading, so a law office must designate every firm and tra…
Can a West Virginia lawyer advertise 'No Recovery-No Fee' without saying the client may still owe litigation costs and expenses?
No. The opinion concluded that 'No Recovery-No Fee' and similar contingent-fee advertising is inherently misleading and violates Rule 7.1 unless the same advertisement also discloses that the client i…
Can a West Virginia sole practitioner who employs associates use a firm name like 'Law Offices of Smith & Jones' when no partnership exists?
No. The opinion concluded a name such as 'Law Offices of Smith & Jones,' where Jones is an employee and no partnership exists, suggests a partnership that does not in fact exist and is prohibited by R…
Can a West Virginia lawyer join a for-profit company that screens injury callers and refers them to paying attorneys on a rotation basis?
No, as structured. The opinion concluded a lawyer cannot participate in a for-profit referral program (PITLA) that screens calls, because it is an impermissible for-profit referral service and its ads…
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 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 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 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 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 '…
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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.