W. Va. R. Law. Disci. Proc. 3.24

As amended through January 31, 2024
Rule 3.24 - Reinstatement following administrative suspension for disability
(a) Any lawyer administratively suspended under the provisions of Rule 3.23 shall be entitled to petition for reinstatement once a year or at such shorter intervals as the Court may direct in the order of administrative suspension or any modification thereof. Such petition shall be granted by the Court upon a showing by clear and convincing evidence that the lawyer's disability has been removed and that the lawyer is fit to resume the practice of law. Upon such petition, the Court may take or direct such action as it deems necessary and proper to a determination of whether the lawyer's disability has been removed, including a direction for an examination of the lawyer by such qualified experts as the Court shall designate. In its discretion, the Court may direct that the expenses of such an examination shall be paid by the lawyer.
(b) The filing of a petition for reinstatement by a lawyer administratively suspended for disability shall be deemed to constitute a waiver of any physician-patient privilege with respect to any treatment of the lawyer during the period of the lawyer's disability. The lawyer shall be required to disclose the name of every psychiatrist, psychologist, counselor, physician, and health facility by whom or in which the lawyer has been examined or treated since the lawyer's administrative suspension and the lawyer shall furnish to the Court written consent to each to divulge such information and records as requested by experts appointed by the Court.

W. Va. R. Law. Disci. Proc. 3.24