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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When a former prosecutor joins a public defender's office in West Virginia, can the office screen them so it can keep handling the cases, or is the whole office disqualified?
Screening under Rule 1.11(b) is available for matters the former prosecutor did not handle personally and substantially. If the prosecutor did participate personally and substantially in a matter, the…
If a federal government or military attorney has been or expects to be furloughed, can the attorney still defend their agency against other employees' furlough complaints, or is that a conflict of interest?
It is a conflict, but a waivable one. The opinion concludes the attorney's personal interest creates a conflict under Rule 1.7; it may be waived only if the attorney reasonably believes the representa…
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 lawyer serve at the same time as an elected municipal judge and as an assistant prosecuting attorney?
No. The opinion concluded it would be prejudicial to the administration of justice for a municipal judge to be employed simultaneously as an assistant prosecuting attorney, because appearing as counse…
When a prosecuting attorney or an assistant is personally disqualified from a matter, is the whole prosecutor's office disqualified?
It depends who is disqualified. The opinion concluded that if the elected Prosecuting Attorney is disqualified for any reason, the disqualification is imputed to the entire office; but if an assistant…
Can a West Virginia county prosecuting attorney investigate or prosecute county public officials whose offices the prosecutor represents?
Yes, not a per se conflict. The opinion concluded a county prosecutor represents the office, not the individual occupying it, so prosecuting a county official is not a conflict per se; but the prosecu…
Can a West Virginia child support advocate (and the advocate's law partners) take private domestic relations cases on the side?
LEI 88-02 concluded that a Child Advocate may not represent private clients in any domestic relations matter anywhere in the state; the advocate's partners and associates are barred only in the advoca…
Whom does a state-paid West Virginia Human Rights Commission lawyer represent, the Commission or the complainant, and can the Commission waive the conflict?
LEI 85-4 concluded that after the probable-cause stage the state-paid lawyer is required by law to advocate for the complainant because their interests then align with the Commission's; the lawyer mus…
Can a West Virginia prosecuting attorney later represent, in private practice, a person the prosecutor previously investigated for criminal charges?
Not when the later private matter is connected to the earlier investigation. LEI 86-3 concluded a prosecutor should not have taken a former criminal client's fee-dispute case because that civil litiga…
If one assistant prosecutor is disqualified from a case, is the entire prosecuting attorney's office disqualified in West Virginia?
No. LEI 85-2 concluded that lawyers serving together in a prosecuting attorney's office are not a 'law firm' for imputed-disqualification purposes, so one assistant's individual disqualification does …
May a West Virginia lawyer serve part-time as a hearing examiner for the Human Rights Commission, and what conflicts apply to the lawyer's firm?
Yes, with safeguards. LEI 85-1 concluded a lawyer may serve as a part-time or temporary Human Rights Commission hearing examiner if reasonable effort is made to satisfy five conflict safeguards keepin…
Can assistant prosecutors who are also private law partners take opposing roles, such as one defending a bankruptcy debtor while another pursues the agency's claim against the estate?
LEI 84-5 concluded that an assistant prosecutor may not pursue a county or state agency's claim against a debtor whose bankruptcy is defended by his private law partner; serving as a Workers' Compensa…
Can a lawyer who is also a state legislator represent a private client in a claim before the West Virginia Court of Claims?
LEI 83-11 concluded that a lawyer who is a member of the Legislature may not represent a client before the Court of Claims, because that court is an arm of the Legislature and the lawyer would in effe…
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…
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 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…
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 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 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 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…
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…
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.