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West Virginia Rules of Lawyer Disciplinary Procedure – 2026

What happens when a complaint is made against a West Virginia lawyer, in ninety-five rules. Rule 1 establishes the Lawyer Disciplinary Board — its membership, terms, appointment, eligibility and the Investigative and Hearing Panel Subcommittees — and Rule 2 the Office of Disciplinary Counsel, its powers and duties and the confidentiality it works under. Rule 3, the longest of them, is the disciplinary procedure itself: how a complaint is made and screened, the investigation, the Investigative Panel's options, formal charges and the answer, discovery and the hearing before a Hearing Panel Subcommittee, the standard of proof, the recommended disposition and the Supreme Court's review, together with reinstatement, resignation, and the duties of a suspended or annulled lawyer. Rule 4 covers a lawyer's incapacity and Rule 6 referrals to the West Virginia Judicial and Lawyer Assistance Program. Rules 5 through 5.15, the former Committee on Assistance rules, were abrogated in 2012 when that Program was established, and are shown as such.

Browse all 95 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

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Rule 1 Lawyer Disciplinary Board Rule 1.1 Membership 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 1.10 Disqualification Rule 1.11 Authority Rule 2 Investigative Panel Rule 2.1 Membership 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 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 3 Hearing Panel Rule 3.1 Membership Rule 3.2 Quorum Rule 3.3 Hearings on formal charges 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 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 3.20 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 3.30 Requirements for reinstatement Rule 3.31 Automatic reinstatement Rule 3.32 Reinstatement procedure following suspension Rule 3.33 Reinstatement procedure following annulment 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 5.2 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 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 6 Referrals to the West Virginia Judicial and Lawyer Assistance Program 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