|
|
Legal Ethics Overview
The Rules of Professional Conduct contain specifical ethical directives to which lawyers must adhere. The Rules of Lawyer Disciplinary Procedure set forth the enforcement mechanisms. The Standards of Professional Conduct are guidelines for lawyerly behavior. There are no enforcement provisions in the Standards, but they should not be ignored for that reason. If nothing else, they show you what courts may expect of you and what the opposing attorney will try to use against you if the opportunity arises.
OTHER BODIES OF INFORMATION: The advisory opinions of the Lawyer Disciplinary Board, referred to as L.E.I.s, interpret the Rules of Professional Conduct. Although not binding on the Supreme Court, the Court sometimes cites them with approval in its opinions. These opinions are first printed in The West Virginia Lawyer and are accumulated at the State Bar's web site: www.wvbar.org on members\legal research\state\legal ethics opinions.
THE LAWYER DISCIPLINARY BOARD This body is composed of fourteen lawyers and five lay members, all appointed by the President of the State Bar, with the consent of the Board of Governors. They may serve two three-year terms. The Board as a whole issues formal advisory opinions, proposed changes to the Rules of Professional Conduct and Rules of Lawyer Disciplinary Procedure and make various administrative decisions. Seven of its members form the Investigative Panel which reviews ethics complaints and decides whether there is probable cause to hold a hearing. Hearings are held before a Hearing Panel Subcommittee composed of two lawyers and one lay member from the remaining twelve. The Subcommittee sends a recommended decision in a disciplinary case to the Supreme Court of Appeals, which has original and exclusive jurisdiction. The Chair of the Board, who also serves as the Chair of the Investigative Panel is Cheryl L. Connelly of Huntington. Other lawyer members of the Investigative Panel are Norwood Bentley of Martinsburg, Robert J. Fitzsimmons of Wheeling, Leah J. Heimbach of Fairmont, and Stephen G. Jory of Elkins. Laymembers of the Investigative Panel are Katharine B. Becker of Charleston and Rev. Richard Bowyer of Fairmont. The Vice-Chair of the Board, who also serves as the Chairperson of the Hearing Panel is David Jividen of Wheeling. Other lawyer members of the Hearing Panel are John Bennett of Logan, David W. Frame of Clarkesburg, John R. Lukens of Charleston, Todd A. Twyman of Charleston, Charleen Vaughn of Charleston, Daniel B. Fowler II of Parkersburg, and Michael Witt of Crab Orchard. Lay members of the Hearing Panel are Susan Fisher of Morgantown, A. Lawrence Crimmins of Charleston, Bonnie Ritz of Wheeling and Victoria Weisiger of Bluefield.
THE OFFICE OF DISCIPLINARY COUNSEL This Office contains the paid staff members who investigate complaints, give informal ethics advice, prosecute disciplinary cases and assist the Lawyer Disciplinary Board. Lawrence Lewis is Chief Lawyer Disciplinary Counsel since November of 2000. There are three disciplinary counsel positions. Rachael L. Fletcher began in August of 2002. The second position has been filled by Andrea Hinerman. She has practiced law in the Eastern Panhandle since 1999. The Office is currently interviewing for the newly created third disciplinary counsel position. The lawyers give informal advice by telephone or in writing. Call (304) 558-7999. Please note that they will not give you an opinion on other lawyer's conduct. If you wish to rely upon the advice, you must memorialize oral advice and send it to the Office for the advising counsel's signature. The address is: 2008 Kanawha Blvd. E Charleston WV 25311.
|