LEGAL ETHICS OPINIONS
issued by the
LAWYER DISCIPLINARY BOARD
Legal Ethics Inquiries [L.E.I.]
and
Legal Ethics Opinions [L.E.O.]
[Formally changed to Legal Ethics Opinions in 2006]
CHRONOLOGICAL INDEX
1976 through present
[L.E.O.] Opinion No.:
L.E.O. 2018-02 Conflicts In A Public Defender's Office
L.E.O. 2018-01 Participation in Attorney-Client Matching Services
L.E.O. 2017-01 Fact Witness Compensation
L.E.O. 2016-01 PROPRIETY OF ATTORNEYS OBTAINING LOANS FROM THIRD PARTY LENDERS TO ADVANCE LITIGATION COSTS AND WHETHER COSTS AND INTEREST ASSOCIATED WITH THE LOAN CAN BE CHARGED TO CLIENT
L.E.O. 2015-01 USE OF STAND-IN COUNSEL
L.E.O. 2015-02 SOCIAL MEDIA AND ATTORNEYS
L.E.O. 2015-03 THE AMENDED RULES OF PROFESSIONAL CONDUCT AND THEIR EFFECT ON L.E.I. 98-02
L.E.O. 2014-01 Entitled The Duty of Counsel to Treat All Persons Represented by a Guardian Ad Litem the Same as Any Other Person or Party in Terms of Prohibited Direct Contact
L.E.O. 2013-02 Potential Conflicts of Interest for Federal Government or Military Attorneys Defending Agencies Against Furlough-related Complaints
2013-01 SETTLEMENT AGREEMENTS CONTAINING “INDEMNIFY AND HOLD HARMLESS” LANGUAGE THAT RESTRICT AN ATTORNEY’S ONGOING REPRESENTATION VIOLATE THE RULES OF PROFESSIONAL CONDUCT
2012 LAWYER DISCIPLINARY BOARD ORDER ENTERED ON SEPTEMBER 14, 2012, WHICH VACATES PRIOR OPINIONS
2012-01 USE OF ELECTRONIC MEDIA FOR FILE STORAGE
2010-01 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON JANUARY 30, 2015
Opinion required disclosure of attorney’s representation for preparation of any pleading or other document (with exception of court forms) to be filed with a court or tribunal, or with a state or federal agency once the case becomes contested. Disclosure was not required when document is not intended to be filed with a tribunal or when providing aid in filling out forms adopted by and/or used by tribunals or federal or state agencies. This was changed by comment 9 to Rule 1.2 and comment 3 to Rule 3.3 which both specifically allow ghostwriting without disclosure of attorney’s representation.
2009-02 WHOLLY-OWNED SUBSIDIARY LAW FIRMS
2009-01 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON JANUARY 30, 2015
Opinion put burden on an attorney to take reasonable steps to protect metadata in transmitted documents and burden on a lawyer receiving inadvertently provided metadata to consult with the sender and abide by the sender’s instructions before reviewing such. This was changed by comment 2 and 3 to Rule 4.4. Those comments indicate that a lawyer who “knows or reasonably should know” the documents where inadvertently sent electronically is required to promptly notify the sender so they may take protective measures. Whether the lawyer is required to take additional steps is a matter of law because there is a question of whether the privileged status of the document has been waived. Further, Rule 4.4 does nto address the legal duties of lawyers who receive information that they “know or reasonably should know” may have been inappropriately obtained. The determination of whether to voluntarily return or delete the unread information is a matter of professional judgment of the lawyer.
2008 NO OPINIONS ISSUED
2007-01 POTENTIAL CONFLICTS OF INTEREST FOR ATTORNEYS REPRESENTING PERSONAL REPRESENTATIVES IN WRONGFUL DEATH CLAIMS
2006-01 IS IT PROPER FOR A LAWYER TO ACCEPT A REFERRAL FEE FROM A FINANCIAL SERVICES PROVIDER?
[L.E.I.] Opinion No.:
2005-02 LEGAL FUNDING PLANS
2005-01 WHETHER AN AGREEMENT TO ABIDE BY INSURANCE COMPANY IMPOSED BILLING GUIDELINES VIOLATES THE RULES OF PROFESSIONAL CONDUCT
2004-01 SUMMARY PROCEEDINGS
2003-01 PRIVATE EMPLOYMENT OF APPOINTED COUNSEL
2002-01 RETENTION AND DESTRUCTION OF CLOSED FILES
2001 NO OPINIONS ISSUED
2000-01 THE THREAT OF CRIMINAL PROSECUTION AS A NEGOTIATING TOOL
99-03 NON-REFUNDABLE RETAINERS
99-02 SUBMITTING INSURANCE DEFENSE LEGAL BILLS TO OUTSIDE AUDITORS OR REVIEWERS
99-01 ETHICAL PROPRIETY OF INSURANCE COMPANY CAPTIVE LAW FIRMS
98-03 ATTORNEY ADVERTISING ON THE INTERNET
98-02 WHEN LAWYERS KNOW ABOUT AND/OR COME INTO POSSESSION OF FRUITS OR INSTRUMENTALITIES OF A CRIME
98-01 FIXED OR "FLAT" FEE ARRANGEMENTS FOR INSURANCE DEFENSE WORK [AMENDED 1999]
97-03 ATTORNEY PARTICIPATION IN PREPAID LEGAL SERVICES PLANS
97-02 CONTINGENT FEE CONTRACTS WITH ORGANIZATIONS OR INDIVIDUALS OBTAINING EXPERT WITNESSES
97-01 USE OF A TRADE NAME FOR ADVERTISING PURPOSES
96-02 LAWYERS PRACTICING IN LIMITED LIABILITY PARTNERSHIPS OR LIMITED LIABILITY COMPANIES
96-01 "NO RECOVERY-NO FEE" LAWYER ADVERTISEMENTS MUST DISCLOSE CLIENT RESPONSIBILITY FOR LITIGATION COSTS AND EXPENSES IN THE SAME ADVERTISEMENT
1995 NO OPINIONS ISSUED
94-04 THE PROPRIETY OF FIRM NAMES WHICH SOUND LIKE A PARTNERSHIP
94-02 DUTIES OF LAWYER RETAINED PURSUANT TO UNINSURED MOTORIST COVERAGE
94-01 COLLECTION OF OVERDUE ACCOUNTS
93-03 MUNICIPAL JUDGE AS ASSISTANT PROSECUTOR
93-02 FINANCE CHARGES ON DELINQUENT FEE ACCOUNTS
93-01 MULTIPLE REPRESENTATION OF LEGAL SERVICES CLIENT THROUGH A PRO BONO PROGRAM
92-04 DUTY TO REPORT MISCONDUCT OF AN IMPAIRED LAWYER
92-03 PARTICIPATION BY ATTORNEY IN LIVING TRUST MARKETING FRANCHISE
92-02 ATTORNEY RETAINING LIENS
92-01 IMPUTED DISQUALIFICATION OF PROSECUTING ATTORNEYS AND THEIR ASSISTANTS
1991 NO OPINIONS ISSUED
90-03 LAWYER REFERRAL/ADVERTISING PROGRAMS
90-02 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
Opinion deals with when citizens could institute criminal warrants and investigations in Magistrate Court. This was changed by Rule 3 of the Magistrate Rules for Criminal Procedure which requires that all criminal complaints be presented to the Magistrate Court by a prosecuting attorney or law enforcement officer showing probable cause.
90-01 PROPRIETY OF WV PROSECUTING ATTORNEYS PROSECUTING COUNTY PUBLIC OFFICIALS
89-03 CLARIFICATION OF PREVIOUS LEGAL ETHICS (INQUIRY 77-3; RE: MUNICIPAL JUDGES)
89-02 COPYING CHARGES FOR FILES
89-01 CONFLICTS OF INTEREST IN REAL ESTATE PRACTICE
88-02 LIMITATIONS OF OUTSIDE PRACTICE OF CHILD ADVOCATES
88-03 SETTLEMENT AGREEMENTS REQUIRING COMPLAINANTS TO WITHDRAW ETHICS COMPLAINT
87-01 ADVERSE PARTY - DEALING DIRECTLY WITH EMPLOYEES ABA IO 1410
87-02 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
Opinion deals with whether attorneys appointed as Family Law Masters may also have a private domestic relations practice. This system was superseded by the Family Court Division, W.Va. Code 51-2A-1, et seq. The statute further provides [a] family court judge is not permitted to engage in the outside practice of law and shall devote full time to his or her duties as a judicial officer. W.Va. Code 51-2A-4(b).
86-3 PROSECUTING ATTORNEY - REPRESENTING A CLIENT HE PREVIOUSLY INVESTIGATED
86-2 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
W.Va. Code 48-18-110 establishes that Child Support Enforcement Attorneys represents the State and does not represent the child or either parent. Furthermore, W.Va. Code 48A-1-1 et seq. has been repealed.
85-6 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
This opinion dealt with law firm members in which the spouse of a prosecutor in another county are precluded from accepting criminal cases involving that county. The Committee on Legal Ethics declined to issue an opinion and acknowledged that the West Virginia Rules of Professional Conduct were then under consideration by the Supreme Court and felt that Rule 8.1(i) would address the issue.
85-4 POSSIBLE CONFLICTS OF LOYALTY IN HUMAN RIGHTS COMMISSION PROCEEDINGS
85-3 SERVICE OF PROCESS - ATTORNEY INTERFERING WITH
85-2 LAWYERS SERVING TOGETHER IN A PROSECUTING ATTORNEY'S OFFICE ARE NOT MEMBERS OF A "LAW FIRM" FOR PURPOSES OF IMPUTED DISQUALIFICATION
85-1 EMPLOYMENT - ATTORNEYS AS HEARING EXAMINERS
84-5 CONFLICTS OF PROSECUTORS AND ASSISTANT PROSECUTORS IN SAME PRIVATE LAW FIRM
84-4 REFUSAL TO FILE FINAL DIVORCE DECREE UNTIL PAYMENT OF FEES
84-3 LEGAL RESEARCH SERVICE
84-01 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
This opinion was applicable when many prosecuting attorneys were still part time employees. If not actual conflict existed, the LEO suggested it was appropriate for the prosecutor to go forward with prosecution. But with the extent of prior representation of the accused by the prosecuting attorney in other prior matters, at a minimum, the appearance of an impropriety would exist if he or she were to proceed in the current prosecution. Opinion is therefore not appropriate today.
83-12 PROPRIETY OF A PLAINTIFF-ATTORNEY SERVING AS SPECIAL COMMISSIONER IN SALE OF REAL PROPERTY
83-11 PROPRIETY OF LAWYER-LEGISLATORS REPRESENTATION OF A CLIENT BEFORE THE COURT OF CLAIMS
83-9 DUTY OF PARENT'S LAWYER TO NOTIFY GUARDIAN AD LITEM IN NEGLECT OR ABUSE PROCEEDINGS
83-8 REPRESENTATION OF A PRIVATE CITIZEN'S CRIME VICTIMS REPARATION ACT CLAIM BY AN ATTORNEY EMPLOYED BY THE STATE
83-6 ADVANCEMENT OF EXPENSES BY A LEGAL AID SOCIETY
83-5 COMPENSATION OF COUNSEL APPOINTED TO DEFEND INDIGENT CLIENT
83-4 PROPRIETY OF PROSECUTING ATTORNEY'S REPRESENTATION OF CLAIMANT IN A MATTER BEFORE THE COURT OF CLAIMS
83-3 GENERALLY A LAWYER MAY NOT ETHICALLY PREPARE A WILL IN WHICH THE LAWYER IS NAMED AS A BENEFICIARY OR GRANTEE
82-5 DUTIES OF LAWYER CONCERNING "PROTECTION" OF DOCTOR'S FEES OUT OF CLIENT'S RECOVERY
81-10 CLASS ACTIONS; CONFLICTS OF INTEREST; COURT APPOINTED LAWYERS; DISQUALIFICATION
81-9 SPECIAL PROSECUTING ATTORNEY'S REPRESENTATION OF OTHER CLIENTS
81-4 PRIVATE EMPLOYMENT OF STAFF ATTORNEY OF PUBLIC SERVICE COMMISSION
81-3 PROPRIETY OF ACCEPTANCE OF APPOINTMENT BY CITY ATTORNEY IN CERTAIN JUVENILE CASES
80-4 MAY A STATE EMPLOYEE WHO IS AN ATTORNEY SUE THE STATE FOR A PRIVATE CITIZEN AND RECOVER HIS LEGAL FEE FROM THE STATE?
80-3 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
Superseded by Rule 7.2 of the Rules of Professional Conduct.
80-1 PROPRIETY OF LAW FIRM REFERRAL OF ITS OVERDUE CLIENT ACCOUNTS TO COLLECTION AGENCY
79-16 WITHDRAWAL - ATTORNEY WITHDRAWING FROM A CASE
79-13 CONFLICT OF INTEREST - REPRESENTED A CLIENT AND FIRM REPRESENTED THE CORPORATION EARLIER
79-6 EMPLOYMENT - RETAINED BY A COLLECTION AGENCY
79-3 CONFLICT OF INTEREST - MUNICIPAL JUDGE REPRESENTING CRIMINAL DEFENDANTS
78-20 CONFLICT OF INTEREST - DISQUALIFICATION OF ATTORNEY IN CIRCUIT COURT PENDING LITIGATION
78-19 CLIENT FRAUD - AGAINST ADMINISTRATIVE TRIBUNAL
78-18 EMPLOYMENT - APPOINTED TO HEAR CIVIL MATTERS OF B&O TAXES
78-17 MATTER WAS REVIEWED AND ANSWERED BY FORWARDING 76-3 AND 78-1 AND A LAW REVIEW ARTICLE ENTITLED "LEGAL ETHICS AND THE PROSECUTING ATTORNEY"
78-16 WITHDRAWAL - ATTORNEY WITHDRAWING FROM A CASE
78-15 EMPLOYMENT - APPOINTED TO REPRESENT AN INDIGENT
78-14 ATTORNEY GENERAL - NOT TO ACCEPT COURT APPOINTMENTS
78-13 REQUEST TOO BROAD - COMMITTEE DECLINED TO GIVE OPINION (11/79)
78-12 MUNICIPAL JUDGES - REPRESENTING CRIMINAL DEFENDANTS
78-11 PARTNERSHIPS - OUT OF STATE AND IN STATE FORMING PARTNERSHIP
78-10 ELIMINATED AS LEI - SEE LEC 78-37 FOR FURTHER EXPLANATION
78-9 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
This opinion was expanded upon and superseded by LEO 89-01 - Conflicts of Interest in Real Estate Practice.
78-8 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
Confusing opinion and covered by current Rules of Professional Conduct.
78-7 FEES - FINANCE CHARGES ON DELINQUENT ACCOUNTS
78-6 EXPEND FUND TO LOCATE MISSING CLIENTS
78-5 PARTNERSHIPS - ATTORNEY AND COURT REPORTER
78-4 EMPLOYMENT - CRIMINAL DEFENSE COUNSEL'S DUTY OF DISCLOSURE
78-2 PROPRIETY OF A PROSECUTING ATTORNEY OR HIS ASSISTANTS IN ACCEPTING EMPLOYMENT ON BEHALF OF CLAIMANTS IN PERSONAL INJURY LITIGATION ARISING OUT OF MOTOR VEHICLE ACCIDENTS
78-1 PROSECUTING ATTORNEY - ASSISTANT PROSECUTING ATTORNEY BEING AN ATTORNEY AGAINST BOARD OF REGENTS
77-11 LEGAL ADVERTISING - ANNOUNCEMENT OF SPECIALIZATION BY LAWYER - CPA
77-9 PROSECUTING ATTORNEY - PROSECUTING ATTORNEY REPRESENTING CLAIMANT BEFORE WORKER'S COMPENSATION COMMISSION
77-8 LEGAL ADVERTISING - ADVERTISING SPECIALIZATION ON BUSINESS CARDS/LETTERHEAD
77-7 CONFLICT OF INTEREST - REPRESENTING BOTH SPOUSES IN IRRECONCILABLE DIFFERENCES DIVORCE
77-6 LEI WAS WITHDRAWN AND THE FILE CLOSED 2/15/78
77-5 NO OPINION ISSUED BY COMMITTEE - HYPOTHETICAL SITUATION
77-4 COMPLAINT AGAINST ATTORNEY. SEE FILE
77-3 MUNICIPAL JUDGE - REPRESENTING CRIMINAL DEFENDANTS
77-2 EMPLOYMENT - SOLICITATION OF BUSINESS
77-1 EMPLOYMENT - DUAL PRACTICE OF LAW AND ANOTHER BUSINESS OR PROFESSION
76-7 PARALEGALS - ATTORNEYS RESPONSIBLE FOR PARALEGAL'S WORK
76-6 COMMITTEE UNWILLING TO GIVE OPINION DUE TO PERSONAL INTEREST OF ATTORNEY IN CLIENT'S CASE
76-5 EMPLOYMENT - DUAL PRACTICE OF LAW AND ANOTHER BUSINESS OR PROFESSION
76-4 USE OF CREDIT CARDS FOR PAYMENT OF LEGAL FEES AND EXPENSES
76-3 PROSECUTING ATTORNEY - PROSECUTORS ENGAGING IN CRIMINAL DEFENSE IN ADJOINING COUNTIES
76-2 EMPLOYMENT - DUAL PRACTICE OF LAW AND ANOTHER BUSINESS OR PROFESSION
76-1 EMPLOYMENT - DUAL PRACTICE OF LAW IN ANOTHER BUSINESS OR PROFESSION