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 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…
May an insurance company use salaried in-house lawyers practicing under a firm name to defend its insureds in West Virginia?
Yes, but only subject to conditions: the insured is the sole client, the file stays confidential, the lawyer keeps independent judgment, and the captive firm discloses its insurer affiliation because …
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 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 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…
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 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 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…
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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.