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…
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…
Can a West Virginia lawyer hired and paid by a liability insurer to defend an insured agree to follow the insurer's litigation-management or billing guidelines that require approval before discovery, research, or motions?
No, not the restrictive kind. The opinion concludes a lawyer paid by an insurer to defend an insured cannot ethically agree to guidelines that dictate how defense work is allocated, require prior appr…
Can a West Virginia lawyer who was appointed to represent an indigent defendant later be paid by the client or by a third party and become privately retained counsel?
Sometimes, on an ad hoc basis. The opinion concludes appointed counsel may become privately retained if the lawyer first discloses the change to the court, is released from the appointment, and never …
Can a West Virginia lawyer charge a non-refundable retainer, and when does keeping the unearned fee violate the rules?
It depends on the type. A non-refundable fee for availability is not a per se violation if clearly explained, but where specific work is expected all fees must be earned, and any non-refundable retain…
Can an insurance defense lawyer send the insured's legal bills to the insurer's outside auditor or reviewer?
Only with the insured's informed consent. The opinion concluded that itemized legal bills are confidential under Rule 1.6, so a lawyer may release them to outside auditors only after consulting the in…
Can a West Virginia lawyer agree with a liability insurer to defend the insurer's insureds for a fixed or flat fee?
Yes, flat-fee insurance defense is not a per se violation, but the lawyer must ensure in each case that the fee is enough to provide competent, diligent representation and must fully disclose the arra…
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 lawyer refer a former client's overdue legal-fee account to a collection agency?
Yes. The opinion overruled the bar's earlier ban and held a lawyer may refer an overdue account to a collection agency, but only under eight guidelines, including exhausting other collection efforts, …
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 West Virginia lawyer hold a client's file under a retaining lien until unpaid fees are paid after the representation ends?
Only to a limited extent. The opinion concluded that when retaining the file would interfere with the client's ongoing litigation, the lawyer's retaining-lien right under Rule 1.16(d) must give way; t…
When a representation ends, can a West Virginia lawyer charge the client for copying the file the lawyer must return?
Usually not. The opinion concluded a lawyer must return the client's original documents on termination and may keep copies, but absent a prior agreement that the client pays copying charges, the lawye…
Can a lawyer refuse to file or finalize a client's divorce decree until the client pays the legal fees that are owed?
LEI 84-4 concluded that a lawyer may not ethically delay completing a divorce action, such as refusing to file the final divorce decree, because the fee is unpaid; that refusal violates DR 5-101(A), D…
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 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 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 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 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…
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.