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West Virginia Rules of Professional Conduct

Table of Contents

• Preamble: A Lawyer's Responsibilities
• Scope

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1. Terminology

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Client-Lawyer Relationship

1. Competence
2. Scope of Representation and Allocation of Authority Between Client and Lawyer
3. Diligence
4. Communication
5. Fees
6. Confidentiality of Information
7. Conflict of Interest: Current Clients
8. Conflict of Interest: Current Clients: Specific Rules
9. Duties to Former Clients
10. Imputation of Conflicts of Interest: General Rule
11. Special Conflicts of Interest for Former and Current Government Officers and Employees
12. Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral
13. Organization as Client
14. Client with Diminished Capacity
15. Safekeeping Property
16. Declining or Terminating Representation
17. Sale of Law Practice
18. Duties to Prospective Client

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Counselor

1. Advisor
2. Intermediary (Deleted)
3. Evaluation for Use by Third Persons
4. Lawyer Serving as Third-Party Neutral

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Advocate

1. Meritorious Claims and Contentions
2. Expediting Litigation
3. Candor Toward the Tribunal
4. Fairness to Opposing Party and Counsel
5. Impartiality and Decorum in the Tribunal
6. Trial Publicity
7. Lawyers as Witness
8. Special Responsibilities of a Prosecutor
9. Advocate in Nonadjudicative Proceedings

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Transactions with Persons other than Clients

1. Truthfulness in Statements to Others
2. Communication with Persons represented by Counsel
3. Dealing With Unrepresented Person
4. Respect for Rights of Third Persons

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Law Firms and Associations

1. Responsibilities of Partners, Managers, and Supervisory Lawyers
2. Responsibilities of a Subordinate Lawyer
3. Responsibilities regarding Nonlawyer Assistance
4. Professional Independence of a Lawyer
5. Unauthorized Practice of Law; Multijurisdictional Practice of Law
6. Restrictions on Right to Practice
7. Responsibilities Regarding Law-Related Services
8. Limited Liability Legal Practice

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Public Service

1. Voluntary Pro Bono Publico Service
2. Accepting Appointments
3. Membership in Legal Services Organization
4. Law Reform Activities Affecting Client Interests
5. Nonprofit and Court-Annexed Limited Legal Services Programs

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Information About Legal Services

1. Communications Concerning a Lawyer's Services
2. Advertising
3. Solicitation of Clients
4. Communication of Fields of Practice and Specialization
5. Firm Names and Letterheads

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Maintaining the Integrity of the Profession

1. Bar Admission and Disciplinary Matters
2. Judicial and Legal Officials
3. Reporting Professional Misconduct
4. Misconduct
5. Disciplinary Authority; Choice of Law