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.
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…
When can a West Virginia lawyer threaten criminal prosecution to gain leverage in negotiating a civil matter, and what are the limits?
The opinion concluded that, after Committee on Legal Ethics v. Printz, a lawyer may seek restitution in lieu of criminal prosecution if the negotiation is otherwise legitimate, but set five limits: re…
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 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 …
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 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 …
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 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 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.