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.:

2010-01 GHOSTWRITING

2009-02 WHOLLY-OWNED SUBSIDIARY LAW FIRMS

2009-01 WHAT IS METADATA AND WHY SHOULD LAWYERS BE CAUTIOUS?

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 CONFLICTS OF INTEREST FOR WV PROSECUTORS IN CROSS COMPLAINT PROSECUTIONS

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 LIMITATION OF PRACTICE OF LAWYERS WHO ARE FAMILY LAW MASTERS

86-3 PROSECUTING ATTORNEY - REPRESENTING A CLIENT HE PREVIOUSLY INVESTIGATED

86-2 CHILD ADVOCATES - LIMITATIONS ON PRACTICE

85-6 CONFLICT OF SPOUSES IN THE CRIMINAL PRACTICE OF LAW

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 DISQUALIFICATION OF PROSECUTING ATTORNEY WHEN ACCUSED IS A FORMER CLIENT

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 LEGAL ADVERTISING: LAW FIRM SPONSORSHIP OF EDUCATION COURSES

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 REAL ESTATE - EMPLOYMENT OF ATTORNEYS BY PARTIES

78-8 LEGAL ADVERTISING - DISTRIBUTING 4-H PAMPHLETS TO CLIENTS

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