These rules set forth the mechanisms of the Lawyer Disciplinary Board and govern the procedure for lawyer discipline.
Rules of Lawyer Disciplinary Procedure
Last Modified on RuleDex:
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- Rules Governing Lawyers and Judges
- Rules for Admission to the Practice of Law
- Rules of Lawyer Disciplinary Procedure
- Rule 1. Lawyer Disciplinary Board
- Rule 1.1. Membership
- Rule 1.10. Disqualification
- Rule 1.11. Authority
- Rule 1.2. Terms
- Rule 1.3. Appointment
- Rule 1.4. Eligibility
- Rule 1.5. Vacancies
- Rule 1.6. Reappointment
- Rule 1.7. Election of officers
- Rule 1.8. Quorum
- Rule 1.9. Compensation and expenses
- Rule 2. Investigative Panel
- Rule 2.1. Membership
- Rule 2.10. Filing of formal charges
- Rule 2.11. Service of formal charges
- Rule 2.12. Response to formal charges
- Rule 2.13. Failure to file response
- Rule 2.14. Limitation of complaints
- Rule 2.15. Informal advisory opinions or ethics advice
- Rule 2.16. Formal advisory opinions
- Rule 2.2. Quorum
- Rule 2.3. Form of complaints
- Rule 2.4. Evaluation and Investigation of complaints
- Rule 2.5. Response to complainants
- Rule 2.6. Confidentiality
- Rule 2.7. Privilege and immunity
- Rule 2.8. Report on complaints
- Rule 2.9. Review of complaints
- Rule 3. Hearing Panel
- Rule 3.1. Membership
- Rule 3.10. Recommended disposition by Hearing Panel
- Rule 3.11. Response to recommended disposition
- Rule 3.12. Consent to recommended disposition
- Rule 3.13. Objection to recommended disposition
- Rule 3.14. Grounds for discipline
- Rule 3.15. Permissible sanctions
- Rule 3.16. Factors to be considered in imposing sanctions
- Rule 3.17. Effect of suspension or annulment
- Rule 3.18. Conviction of crime that reflects adversely on a lawyer’s honesty, trustworthiness or fitness
- Rule 3.19. Conviction of felony that does not reflect adversely on a lawyer’s honesty trustworthiness or fitness as a lawyer in other respects
- Rule 3.2. Quorum
- Rule 3.20. Reciprocal discipline
- Rule 3.21. Judicial determination of incompetency
- Rule 3.22. Reinstatement from administrative suspension for incompetency
- Rule 3.23. Complaint alleging disability
- Rule 3.24. Reinstatement following administrative suspension for disability
- Rule 3.25. Disbarment by consent
- Rule 3.26. Voluntary resignation or inactive status
- Rule 3.27. Extraordinary proceedings
- Rule 3.28. Duties of disbarred or suspended lawyers
- Rule 3.29. Appointment of Trustee
- Rule 3.3. Hearings on formal charges
- Rule 3.30. Requirements for reinstatement
- Rule 3.31. Automatic reinstatement
- Rule 3.32. Reinstatement procedure following suspension
- Rule 3.33. Reinstatement procedure following annulment
- Rule 3.4. Prehearing Discovery and Time and place of hearing
- Rule 3.5. Notice of hearings
- Rule 3.6. Conduct of hearing
- Rule 3.7. Standard of proof
- Rule 3.8. Subpoena and contempt power
- Rule 3.9. Record of hearings
- Rule 4. Office of Disciplinary Counsel
- Rule 4.1. Appointment
- Rule 4.2. Removal
- Rule 4.3. Practice of law
- Rule 4.4. Authority
- Rule 4.5. Expenses
- Rule 4.6. Statistical reporting
- Rule 5. Lawyer committee on Assistance and Intervention.
- Rule 5.1. Membership
- Rule 5.10. Confidentiality.
- Rule 5.11. Refusal to comply.
- Rule 5.12. Failure of rehabilitation.
- Rule 5.13. Evaluation expenses.
- Rule 5.14. Proceedings and process.
- Rule 5.15. Period of limitation for filing information.
- Rule 5.2. Terms.
- Rule 5.3. Appointment.
- Rule 5.4. Reappointment.
- Rule 5.5. Election of officers.
- Rule 5.6. Quorum.
- Rule 5.7. Panels.
- Rule 5.8. Disqualification.
- Rule 5.9. Authority.
- Rule 6. 1 Notification; Form of Referral
- Rule 6. 2 Authority to Share Confidential Information for Purpose of Referral; WVJLAP Authorized Participation in Referral Process after Receipt of Referral
- Rule 6.3 Confidentiality of Referral Process; Lawyer Authorization and Consent Required; Refusal
- Rule 6.4 Report of Lawyer Compliance with WVJLAP Recommendations; Effect of Compliance
- Rule 6.5 Failure to Comply With Referral Process And Recommended Assistance
- Rule 6.6 Expenses for Evaluation, Treatment, and Related Services
- Rule 6.7 Referral Process; Written Acceptance or Rejection of Lawyer
- Rule 6.8 Period of Limitation of Filing Information
- Rules of the West Virginia Judicial and Lawyer Assistance Program
- West Virginia Code of Judicial Conduct
- West Virginia Rules of Judicial Disciplinary Procedure
- West Virginia Rules of Professional Conduct
- Supreme Court and Intermediate Court Proceedings
- West Virginia Family Court Proceedings
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