Legal Ethics opinions
Disclaimer
The Lawyer Disciplinary Board issues advisory opinions regarding the ethical propriety of attorney conduct. An archive of these Legal Ethics Opinions can be found by Chronological Order or by Subject Matter.
Legal Ethics Opinions are advisory only and are not binding upon the Supreme Court of Appeals. Opinions issued pursuant to Rule 2.16 of the Rules of Lawyer Disciplinary Procedure, however, are binding upon the Hearing Panel of the Lawyer Disciplinary Board in any subsequent disciplinary proceeding involving the requesting lawyer.
Please note: Legal Ethics Opinions cite the applicable West Virginia Rules of Professional Conduct and statutes/case law in effect at the time of the writing of the opinion that may be obsolete now. Please refer to the current West Virginia Rules of Professional Conduct. A correlation chart contained here may be helpful in cross-referencing provisions of the former Code of Professional Responsibility with the current Rules of Professional Conduct.
Disciplinary Counsel may also assist attorneys with questions relating to their ethical responsibilities. Inquiries may be made from 9 a.m. to 5 p.m. on weekdays by calling (304) 558 7999.
[L.E.O.] Opinion No.:
L.E.O. 2024-01 Artificial Intelligence
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. 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. 2012 LAWYER DISCIPLINARY BOARD ORDER ENTERED ON SEPTEMBER 14, 2012, WHICH VACATES PRIOR OPINIONS
L.E.O. 2012-01 USE OF ELECTRONIC MEDIA FOR FILE STORAGE
L.E.O. 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.
L.E.O. 2009-02 WHOLLY OWNED SUBSIDIARY LAW FIRMS
L.E.O. 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 not 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
L.E.O. 2006-01 IS IT PROPER FOR A LAWYER TO ACCEPT A REFERRAL FEE FROM A FINANCIAL SERVICES PROVIDER?
[L.E.I.] Opinion No.:
L.E.I. 2005-02 LEGAL FUNDING PLANS
L.E.I. 2004-01 SUMMARY PROCEEDINGS
L.E.I. 2003-01 PRIVATE EMPLOYMENT OF APPOINTED COUNSEL
L.E.I. 2002-01 RETENTION AND DESTRUCTION OF CLOSED FILES
2001 NO OPINIONS ISSUED
L.E.I. 2000-01 THE THREAT OF CRIMINAL PROSECUTION AS A NEGOTIATING TOOL
L.E.I. 99-03 NON-REFUNDABLE RETAINERS
L.E.I. 99-02 SUBMITTING INSURANCE DEFENSE LEGAL BILLS TO OUTSIDE AUDITORS OR REVIEWERS
L.E.I. 99-01 ETHICAL PROPRIETY OF INSURANCE COMPANY CAPTIVE LAW FIRMS
L.E.I. 98-03 ATTORNEY ADVERTISING ON THE INTERNET
L.E.I. 98-02 WHEN LAWYERS KNOW ABOUT AND/OR COME INTO POSSESSION OF FRUITS OR INSTRUMENTALITIES OF A CRIME
L.E.I. 98-01 FIXED OR "FLAT" FEE ARRANGEMENTS FOR INSURANCE DEFENSE WORK [AMENDED 1999]
L.E.I. 97-03 ATTORNEY PARTICIPATION IN PREPAID LEGAL SERVICES PLANS
L.E.I. 97-02 CONTINGENT FEE CONTRACTS WITH ORGANIZATIONS OR INDIVIDUALS OBTAINING EXPERT WITNESSES
L.E.I. 97-01 USE OF A TRADE NAME FOR ADVERTISING PURPOSES
L.E.I. 96-02 LAWYERS PRACTICING IN LIMITED LIABILITY PARTNERSHIPS OR LIMITED LIABILITY COMPANIES
1995 NO OPINIONS ISSUED
L.E.I. 94-04 THE PROPRIETY OF FIRM NAMES WHICH SOUND LIKE A PARTNERSHIP
L.E.I. 94-02 DUTIES OF LAWYER RETAINED PURSUANT TO UNINSURED MOTORIST COVERAGE
L.E.I. 94-01 COLLECTION OF OVERDUE ACCOUNTS
L.E.I. 93-03 MUNICIPAL JUDGE AS ASSISTANT PROSECUTOR
L.E.I. 93-02 FINANCE CHARGES ON DELINQUENT FEE ACCOUNTS
L.E.I. 93-01 MULTIPLE REPRESENTATION OF LEGAL SERVICES CLIENT THROUGH A PRO BONO PROGRAM
L.E.I. 92-04 DUTY TO REPORT MISCONDUCT OF AN IMPAIRED LAWYER
L.E.I. 92-03 PARTICIPATION BY ATTORNEY IN LIVING TRUST MARKETING FRANCHISE
L.E.I. 92-02 ATTORNEY RETAINING LIENS
L.E.I. 92-01 IMPUTED DISQUALIFICATION OF PROSECUTING ATTORNEYS AND THEIR ASSISTANTS
1991 NO OPINIONS ISSUED
L.E.I. 90-03 LAWYER REFERRAL/ADVERTISING PROGRAMS
L.E.I. 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.
L.E.I. 90-01 PROPRIETY OF WV PROSECUTING ATTORNEYS PROSECUTING COUNTY PUBLIC OFFICIALS
L.E.I. 89-03 CLARIFICATION OF PREVIOUS LEGAL ETHICS (INQUIRY 77-3; RE: MUNICIPAL JUDGES)
L.E.I. 89-02 COPYING CHARGES FOR FILES
L.E.I. 89-01 CONFLICTS OF INTEREST IN REAL ESTATE PRACTICE
L.E.I. 88-02 LIMITATIONS OF OUTSIDE PRACTICE OF CHILD ADVOCATES
L.E.I. 88-03 SETTLEMENT AGREEMENTS REQUIRING COMPLAINANTS TO WITHDRAW ETHICS COMPLAINT
L.E.I. 87-01 ADVERSE PARTY - DEALING DIRECTLY WITH EMPLOYEES ABA IO 1410
L.E.I. 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).
L.E.I. 86-3 PROSECUTING ATTORNEY - REPRESENTING A CLIENT HE PREVIOUSLY INVESTIGATED
L.E.I. 86-2 THIS OPINION WAS VACATED BY THE LAWYER DISCIPLINARY BOARD ON SEPTEMBER 14, 2012
L.E.I. 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.
L.E.I. 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.
L.E.I. 85-4 POSSIBLE CONFLICTS OF LOYALTY IN HUMAN RIGHTS COMMISSION PROCEEDINGS
L.E.I. 85-3 SERVICE OF PROCESS - ATTORNEY INTERFERING WITH
L.E.I. 85-1 EMPLOYMENT - ATTORNEYS AS HEARING EXAMINERS
L.E.I. 84-5 CONFLICTS OF PROSECUTORS AND ASSISTANT PROSECUTORS IN SAME PRIVATE LAW FIRM
L.E.I. 84-4 REFUSAL TO FILE FINAL DIVORCE DECREE UNTIL PAYMENT OF FEES
L.E.I. 84-3 LEGAL RESEARCH SERVICE
L.E.I. 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.
L.E.I. 83-12 PROPRIETY OF A PLAINTIFF-ATTORNEY SERVING AS SPECIAL COMMISSIONER IN SALE OF REAL PROPERTY
L.E.I. 83-11 PROPRIETY OF LAWYER-LEGISLATORS REPRESENTATION OF A CLIENT BEFORE THE COURT OF CLAIMS
L.E.I. 83-9 DUTY OF PARENT'S LAWYER TO NOTIFY GUARDIAN AD LITEM IN NEGLECT OR ABUSE PROCEEDINGS
L.E.I. 83-6 ADVANCEMENT OF EXPENSES BY A LEGAL AID SOCIETY
L.E.I. 83-5 COMPENSATION OF COUNSEL APPOINTED TO DEFEND INDIGENT CLIENT
L.E.I. 82-5 DUTIES OF LAWYER CONCERNING "PROTECTION" OF DOCTOR'S FEES OUT OF CLIENT'S RECOVERY
L.E.I. 81-10 CLASS ACTIONS; CONFLICTS OF INTEREST; COURT APPOINTED LAWYERS; DISQUALIFICATION
L.E.I. 81-9 SPECIAL PROSECUTING ATTORNEY'S REPRESENTATION OF OTHER CLIENTS
L.E.I. 81-4 PRIVATE EMPLOYMENT OF STAFF ATTORNEY OF PUBLIC SERVICE COMMISSION
L.E.I. 81-3 PROPRIETY OF ACCEPTANCE OF APPOINTMENT BY CITY ATTORNEY IN CERTAIN JUVENILE CASES
L.E.I. 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.
L.E.I. 80-1 PROPRIETY OF LAW FIRM REFERRAL OF ITS OVERDUE CLIENT ACCOUNTS TO COLLECTION AGENCY
L.E.I. 79-16 WITHDRAWAL - ATTORNEY WITHDRAWING FROM A CASE
L.E.I. 79-13 CONFLICT OF INTEREST - REPRESENTED A CLIENT AND FIRM REPRESENTED THE CORPORATION EARLIER
L.E.I. 79-6 EMPLOYMENT - RETAINED BY A COLLECTION AGENCY
L.E.I. 79-3 CONFLICT OF INTEREST - MUNICIPAL JUDGE REPRESENTING CRIMINAL DEFENDANTS
L.E.I. 78-20 CONFLICT OF INTEREST - DISQUALIFICATION OF ATTORNEY IN CIRCUIT COURT PENDING LITIGATION
L.E.I. 78-19 CLIENT FRAUD - AGAINST ADMINISTRATIVE TRIBUNAL
L.E.I. 78-18 EMPLOYMENT - APPOINTED TO HEAR CIVIL MATTERS OF B&O TAXES
L.E.I. 78-16 WITHDRAWAL - ATTORNEY WITHDRAWING FROM A CASE
L.E.I. 78-15 EMPLOYMENT - APPOINTED TO REPRESENT AN INDIGENT
L.E.I. 78-14 ATTORNEY GENERAL - NOT TO ACCEPT COURT APPOINTMENTS
L.E.I. 78-13 REQUEST TOO BROAD - COMMITTEE DECLINED TO GIVE OPINION (11/79)
L.E.I. 78-12 MUNICIPAL JUDGES - REPRESENTING CRIMINAL DEFENDANTS
L.E.I. 78-11 PARTNERSHIPS - OUT OF STATE AND IN STATE FORMING PARTNERSHIP
L.E.I. 78-10 ELIMINATED AS LEI - SEE LEC 78-37 FOR FURTHER EXPLANATION
L.E.I. 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.
L.E.I. 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.
L.E.I. 78-7 FEES - FINANCE CHARGES ON DELINQUENT ACCOUNTS
L.E.I. 78-6 EXPEND FUND TO LOCATE MISSING CLIENTS
L.E.I. 78-5 PARTNERSHIPS - ATTORNEY AND COURT REPORTER
L.E.I. 78-4 EMPLOYMENT - CRIMINAL DEFENSE COUNSEL'S DUTY OF DISCLOSURE
L.E.I. 77-11 LEGAL ADVERTISING - ANNOUNCEMENT OF SPECIALIZATION BY LAWYER - CPA
L.E.I. 77-8 LEGAL ADVERTISING - ADVERTISING SPECIALIZATION ON BUSINESS CARDS/LETTERHEAD
L.E.I. 77-7 CONFLICT OF INTEREST - REPRESENTING BOTH SPOUSES IN IRRECONCILABLE DIFFERENCES DIVORCE
L.E.I. 77-6 LEI WAS WITHDRAWN AND THE FILE CLOSED 2/15/78
L.E.I. 77-5 NO OPINION ISSUED BY COMMITTEE - HYPOTHETICAL SITUATION
L.E.I. 77-4 COMPLAINT AGAINST ATTORNEY
L.E.I. 77-3 MUNICIPAL JUDGE - REPRESENTING CRIMINAL DEFENDANTS
L.E.I. 77-2 EMPLOYMENT - SOLICITATION OF BUSINESS
L.E.I. 77-1 EMPLOYMENT - DUAL PRACTICE OF LAW AND ANOTHER BUSINESS OR PROFESSION
L.E.I. 76-7 PARALEGALS - ATTORNEYS RESPONSIBLE FOR PARALEGAL'S WORK
L.E.I. 76-6 COMMITTEE UNWILLING TO GIVE OPINION DUE TO PERSONAL INTEREST OF ATTORNEY IN CLIENT'S CASE
L.E.I. 76-5 EMPLOYMENT - DUAL PRACTICE OF LAW AND ANOTHER BUSINESS OR PROFESSION
L.E.I. 76-4 USE OF CREDIT CARDS FOR PAYMENT OF LEGAL FEES AND EXPENSES
L.E.I. 76-3 PROSECUTING ATTORNEY - PROSECUTORS ENGAGING IN CRIMINAL DEFENSE IN ADJOINING COUNTIES
L.E.I. 76-2 EMPLOYMENT - DUAL PRACTICE OF LAW AND ANOTHER BUSINESS OR PROFESSION
L.E.I. 76-1 EMPLOYMENT - DUAL PRACTICE OF LAW IN ANOTHER BUSINESS OR PROFESSION
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