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.
No West Virginia State Bar (Lawyer Disciplinary Board) opinions match these filters
Try a different search term or clear the filters.
Can a West Virginia lawyer use artificial intelligence, including generative AI, in a law practice?
Yes. Nothing in the West Virginia Rules of Professional Conduct prohibits using AI as a tool, but the lawyer's duties of competence, diligence, communication, confidentiality, and supervision still ap…
Can a West Virginia lawyer borrow from a third-party lender to advance litigation costs in a contingent-fee case, and pass the loan's interest and costs on to the client?
Yes, with conditions. The Board concludes the Rules of Professional Conduct do not bar a lawyer from borrowing from a third-party lender to fund litigation costs, and the actual interest and costs may…
Can a West Virginia lawyer hire stand-in counsel (a lawyer outside the firm, often through a company) to cover a hearing, and what duties apply to both lawyers?
Yes. The Board concludes using stand-in counsel is permissible if both the hiring lawyer and the stand-in lawyer follow the Rules: competent and prepared representation, client communication and infor…
When a court appoints a guardian ad litem for a child or protected person, can the other lawyers in the case contact that child or person directly, or must they go through the guardian ad litem?
They must go through the guardian ad litem. The opinion concludes a guardian ad litem is both alter ego and attorney for the child or protected person, so Rule 4.2's bar on contacting a represented pa…
When a West Virginia lawyer represents the personal representative in a wrongful death case, does the lawyer also represent the beneficiaries, and is it a conflict if they fight over how the recovery is divided?
Not necessarily, but it can be. The opinion concludes a lawyer for the personal representative does not automatically represent the beneficiaries, so no conflict arises by default; but if the lawyer's…
Can a West Virginia lawyer refer a personal-injury client to a litigation-funding company that advances cash against the client's expected recovery, or release the client's case information to it?
Only with care, and never for the lawyer's benefit. The opinion concludes a lawyer may not refer a client to a funding plan the lawyer (or the firm or family) owns or that pays the lawyer for referral…
In West Virginia, can the insurance defense lawyer prepare the summary-settlement petition that an unrepresented parent or guardian of an injured minor will file and sign?
The Board could not reach consensus, splitting between a Rule 1.7 inherent-conflict view and a Rule 4.3 permissible-drafting view. Until the question is resolved, the opinion lists seven protective di…
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…
When an insurer hires a lawyer to defend in the name of an uninsured motorist under uninsured-motorist coverage, who is the lawyer's client and what does the lawyer owe the named defendant?
The lawyer represents the insurance company's interests, not the uninsured motorist's. The opinion held the lawyer owes no duty of loyalty to the defendant, must treat the defendant as an unrepresente…
Can a West Virginia lawyer charge interest or a finance charge on a client's overdue legal-fee balance?
Yes, if the client agreed in writing at the outset of the representation. The opinion rescinded the bar's earlier ban (L.E.I. 78-7) and held Rule 1.5 does not prohibit interest on unpaid balances, but…
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…
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.