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 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 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 …
How long must a West Virginia lawyer keep a former client's closed file, and how can the lawyer destroy it without violating the duty to safeguard client property?
The file is the client's property. The opinion concludes a lawyer should either return a closed file to the client or keep it at least five years after the representation ends (longer for some matters…
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 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 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…
What must a West Virginia lawyer do after learning that the clients committed fraud on a tribunal through false income testimony?
LEI 78-19 concluded the lawyer should promptly withdraw from the representation and, if the clients refuse to rectify the fraud, reveal it to the affected tribunal. The Committee held that any conflic…
If a third party (not the client) tries to bribe the complaining witness in a criminal case, must the appointed defense lawyer reveal it to the court?
LEI 78-15 concluded that a non-client third party's attempt to bribe the witness was not privileged information, and the lawyer, as an officer of the court, had to promptly reveal the resulting fraud …
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.