West Virginia Ethics Commission 210 Brooks Street, Suite 300 Charleston, WV 25301 Phone (304)558-0664 WV Toll-Free 1(866)558-0664 Fax (304) 558-2169 Office Hours 8:30 a.m. - 4:30 p.m. Email: [email protected]
Dec 21, 2021 · Tuesday Legal Connect. Veterans Legal Assistance. West Virginia Free Legal Answers. COVID-19: Help for West Virginians. File a Complaint. Public Programs >. Lawyers Fund for Client Protection. Mediator Search. Voluntary Fee Dispute Program.
membership. Lawyers or members of their legal staff may call and request this informal advice at. (304) 558-7999, fax at (304) 558-4015, or send a letter to. 2008 Kanawha Boulevard, East, Charleston, WV 25311. For routine questions, calling on the telephone. is the quickest way to receive an answer.
Mar 18, 2019 · How to Find Out About Complaints on Attorneys. If you are hiring an attorney, it makes sense to find out about complaints filed against him by other clients about legal malpractice or ethical misdeeds. Search your state's attorney disciplinary board listing or apply to the American Bar Association's nationwide Data Bank.
The Lawyer Disciplinary Board was created by the Supreme Court of Appeals of West Virginia and is#N#considered an administrative arm of the Court. Its functions are set forth in the RLDP. Before#N#the adoption of the RLDP in 1994, the Board was named the#N#11Committee on Legal Ethics.. and had a slightly different structure.
The Office of Disciplinary Counsel [ODC] is the full-time staff of the Lawyer Disciplinary Board .#N#The staff, who are employees of the West Virginia State Bar, consists of four lawyers [called#N#Disciplinary Counsel], three legalassistants, and a clerk/receptionist. Disciplinary Counsel serve#N#as legal counsel to the Board.#N#The ODC reviews all complaints filed with the Lawyer Disciplinary Board and investigates where#N#appropriate. The ODC may screen frivolous complaints, may dismiss complaints which after#N#investigation are shown to lack merit, and prosecutes lawyers where complaints do have merit.#N#Duties of the ODC are set forth in the RLDP.#N#The ODC in its discretion.may initiate complaints on its own when it learns of a violation but no#N#one has already filed a complaint. The ODC can also petition directly to the Supreme Court in#N#cases in which a lawyer is impaired and unable to practice, has abandoned his I her practice, or#N#appears to be a danger to the public.
The RPC govern lawyer’s conduct both in representing clients and, in some cases, their. private lives [for example, a conviction of a crime which reflects adversely on a lawyers honesty. can be a violation of the RPC, even if the crime had nothing to do with a case or a client]. Each.
The disciplinary process is started when a sworn, notarized complaint is received by the ODC or#N#when ODC initiates a complaint. For policy reasons [protection of the public], and because some#N#of the Rules of Professional Conduct pertain to how a lawyer deals with opposing parties and#N#unrepresented persons,–there is no standing requirement as to who may file a complaint. Parties#N#may, and often do, file against the opposing counsel.#N#A lawyer at ODC evaluates the complaint to determine whether it alleges a violation on its face.#N#If not, a letter is sent declining to docket which closes the complaint. If the complaint should be referred to a State Bar committee, such as the Voluntary Fee Dispute Mediation
Diligence is important: Diligence and lack of communication are by far the basis for most#N#complaints filed with the ODC. Every day new complaints are filed where clients allege th.at the#N#lawyer did not take timely, or any, action on a case. This includes not talking to potential#N#witnesses, not performing discovery, not filing documents in a timely manner or at all, etc.#N#Because of their busy practices, this can get to be a problem for some lawyers. Rule 1.3 requires#N#a lawyer to ..act with reasonable diligence and promptness”.
The American Bar Association's Model Rules of Professional Conduct, contains best practices for lawyers and is often adapted in part by state regulators. Clients, as well as judges and other lawyers, can file complaints with the state's disciplinary board when they believe that an attorney has violated those standards.
The state board charged with attorney discipline accepts and investigates written complaints about lawyers licensed to practice or practicing in that state. Not every attorney complaint leads to disbarment. Rather, most state boards have a range of possible actions they can take against an offending attorney, including private or public reprimands, suspension for a set period, restitution of money stolen and disbarment. Further, if the board investigates a complaint and finds that the complaint was frivolous or otherwise did not have merit, there will be no record of it.
The rules of practice include fee issues as well as ethical standards.
Behavior after being fired. Clients always have the right to fire an attorney, and the attorney cannot refuse to release the client's file even if attorneys’ fees haven’t been paid in full. Conflicts of interest.