Rule 2.15 - Informal advisory opinions or ethics advice(a) A lawyer may by written request seek an informal advisory opinion or by telephonic inquiry seek informal ethics advice from Disciplinary Counsel as to whether specific actions may constitute a violation of the Rules of Professional Conduct.(b) Unless extraordinary circumstances are present which require an expedited response, Disciplinary Counsel shall file a report on each request for an informal advisory opinion with the Investigative Panel of the Lawyer Disciplinary Board. If extraordinary circumstances are present which require an expedited response, Disciplinary Counsel may render an informal advisory opinion without reference to the Investigative Panel. All such informal advisory opinions rendered by Disciplinary Counsel shall be in writing and a copy shall be forwarded to the Chairperson of the Lawyer Disciplinary Board and the requesting lawyer. Disciplinary Counsel may render informal ethics advice by telephone; provided that the requesting lawyer shall memorialize the advice by letter and obtain Disciplinary Counsel's signature attesting to the accuracy of the memorialization.(c) The Investigative Panel may render in writing such informal advisory opinion as it may deem appropriate or may return the report to Disciplinary Counsel for further review. The Investigative Panel shall forward a copy of every informal advisory opinion to the Chairperson of the Lawyer Disciplinary Board, the Office of Disciplinary Counsel, and the requesting lawyer. If approved by Disciplinary Counsel, a signed copy of memorialized ethics advice shall be forwarded to the Chairperson of the Investigative Panel and the requesting lawyer.(d) An informal advisory opinion or memorialized ethics advice is not binding on the Hearing Panel of the Lawyer Disciplinary Board or the Court, but shall be admissible in any subsequent disciplinary proceeding involving the requesting lawyer. An informal advisory opinion shall not be accorded the same weight in any subsequent disciplinary proceeding as a formal advisory opinion rendered pursuant to Rule 2.16. Memorialized ethics advice shall be admissible, but shall be accorded only such weight in any subsequent disciplinary proceeding involving the requesting lawyer as deemed appropriate by the Hearing Panel Subcommittee. Informal ethics advice that has not been memorialized in accordance with this rule shall be inadmissible and shall not be accorded any weight in any subsequent disciplinary proceeding involving the requesting lawyer.(e) No member of the Investigative Panel rendering an advisory opinion may serve on the Hearing Panel in a proceeding involving a complaint or charge arising from conduct which was the subject of the advisory opinion. W. Va. R. Law. Disci. Proc. 2.15
Amended by order entered June 15, 1995, effective 7/1/1995.