The West Virginia State Bar
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Legal Ethics Opinions

West Virginia Lawyer Disciplinary Board
Legal Ethics Inquiries [L.E.I.s]
[Formal Opinions of the Lawyer Disciplinary Board]

CHRONOLOGICAL INDEX

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?
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 CLIENT 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 ORGANIZATION 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 & 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 A LAWYER RETAINED PURSUANT TO UNINSURED MOTORIST COVERAGE
94-01 COLLECTION ON OVERDUE ACCOUNTS
93-03 MUNICIPAL JUDGE AS ASSISTANT PROSECUTOR
93-02 FINANCE CHARGES ON DELINQUENT FEE ACCOUNTS
93-01 MULTIPLE REPRESENTATION OF LEGAL SERVICES CLIENTS THROUGH A PRO BONO PROGRAM
92-04 DUTY TO REPORT MISCONDUCT OF AN IMPAIRED LAWYER
92-03 PARTICIPATION BY ATTORNEY IN LIVING TRUST
92-02 ATTORNEY RETAINING LIENS
92-01 IMPUTED DISQUALIFICATION OF PROSECUTING ATTORNEYS
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 WEST VIRGINIA PROSECUTING ATTORNEYS PROSECUTING COUNTY PUBLIC OFFICIALS WEST VIRGINIA COUNTY
89-03 CLARIFICATION OF PREVIOUS LEGAL ETHICS INQUIRY 77-3, RE: MUNICIPAL JUDGES
89-02 COPING CHARGES FOR FILES
89-01 CONFLICTS OF INTEREST IN REAL ESTATE PRACTICE
88-03 SETTLEMENT AGREEMENT REQUIRING COMPLAINANTS TO WITHRAW ETHICS COMPLAINTS
88-02 LIMITATIONS OF OUTSIDE PRACTICE OF CHILD ADVOCATES
87-02 LIMITATIONS ON PRACTICE OF LAWYERS WHO ARE FAMILY LAW MASTERS
87-01 ADVERSE PARTY - DEALING DIRECTLY WITH EMPLOYEES ABA IO 1410
86-03 PROSECUTING ATTORNEY - REPRESENTING A CLIENT HE PREVIOUSLY INVESTIGATED
86-02 CHILD ADVOCATES - LIMITATIONS ON PRACTICE
85-6 CONFLICT OF SPOUSES IN THE CRIMINAL PRACTICE AREA
85-4 POSSIBLE CONFLICTS OF LOYALTY IN HUMAN RIGHTS COMMISSION PROCEEDING 
85-3 SERVICE OF PROCESS - ATTORNEY INTERFERING WITH OR CAUSING DELAY IN SERVICE OF CIVIL PROCESS
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
84-0 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 PROPERT
83-11 PROPRIETY OF LAWYER--LEGISLATOR' S REPRESENTATION OF A CLIENT BEFORE THE COURT OF CLAIMS
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
82-1 CONTINGENT FEE FOR COLLECTION OF CHILD SUPPORT ARREARAGES
81-10 CLASS ACTIONS; CONFLICTS OF INTEREST;COURT APPOINTED LAWYERS; DISQUALIFICATION
81-9 SPECIAL PROSECUTING ATTORNEY'SREPRESENTATION 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 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
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