Rule 6.8 Period of Limitation of Filing Information

Any information filed alleging impairment or incapacity as a component or basis of a complaint against a lawyer that is filed more than two years after the Complainant knew, or in the exercise of reasonable diligence should have known, of the existence of an impairment or incapacity of a lawyer shall not be considered actionable, nor shall it require a referral pursuant to these Rules, unless it is determined that the impairment or incapacity still exists at the time the complaint is filed. ODC will evaluate information filed beyond the period of limitation set forth by this Rule, including the facts and circumstances of the filing and the current situation/condition of the lawyer who is the subject of the filing, prior to making a referral to WVJLAP pursuant to these Rules. (Amended by Order entered December 16, 2024.) Follow Us On Office of Disciplinary Counsel West Virginia Judicial Tower4700 MacCorkle Avenue SE, Suite 1200 Charleston, West Virginia 25304 DirectionsOffice: (304) 558-7999 Fax: (304) 558-4015 Hours of Operation: 9 AM - 5 PM | Monday - Friday * Closed For All State Holidays * Copyright 2026 - Thank you for visiting the Office of Disciplinary Counsel's website. The ODC strives to ensure the dissemination of timely, accurate public information. The information contained in this site is provided for your use and convenience. It is subject to change without notice. Although the information on the site is believed to be correct, its accuracy cannot be guaranteed. We will update our website annually, or more frequently to reflect rule changes and additions to the digest of lawyer discipline. The ODC disclaims liability for any error or omission. The ODC does not favor any one group over another, nor does the use of any link to any organization's website herein constitute an endorsement of that organization. The ODC disclaims responsibility for the content of any site referenced from this website.