Will the West Virginia ethics committee decide a conflict-of-interest or attorney-disqualification question that arises in a case already in litigation?
Apply this to your situation
This page answers the general question as of 1978. Ask about yours and see what the current West Virginia Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry posed a conflict-of-interest question arising out of a case that was already pending before a circuit court. The Committee declined to consider it. It advised that the question related to litigation pending before the Circuit Court, and that any matters regarding the disqualification of attorneys in pending litigation should be brought before the court in which the case is pending.
The opinion is a one-paragraph disposition. It does not reach the merits of the conflict question or apply any disciplinary rule.
Currency note
This opinion was issued in 1978, before West Virginia replaced its Code of Professional Responsibility with the Rules of Professional Conduct, effective January 1, 1989, and before later rule revisions, including the comprehensive 2015 amendments. Subsequent rule amendments or later opinions may have changed how the Committee handles such inquiries. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific procedure mentioned here.
Common questions
Q: Did the Committee decide whether a conflict of interest existed?
A: No. The opinion states the Committee declined to consider the conflict-of-interest question because it related to litigation pending before the circuit court.
Q: Where did the Committee say a disqualification dispute belonged?
A: Before the court in which the case is pending. The opinion states that matters regarding the disqualification of attorneys in pending litigation should be brought before that court.
Background and rules framework
The opinion does not interpret a specific disciplinary rule. It reflects the Committee's practice of not issuing advisory ethics opinions on questions that are bound up with active litigation, where the proper forum to seek an attorney's disqualification is the court presiding over the case.
See also
- WVSB Ethics Op. 79-13: Conflict when the firm previously represented the alleged victim
- WVSB Ethics Op. 85-2: Prosecutor's office is not a law firm for imputed disqualification
Source
- Landing page: https://wvodc.org/Legal-Ethics-Opinion
- Original PDF: https://storage.googleapis.com/msgsndr/Rgd68xOkcVdteTsBkf6O/media/66a7ea7ea57ce57b7f61382e.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.
LEGAL ETHICS INQUIRY 78-20
(November 29, 1978)
The Committee on Legal Ethics has directed me to advise you that it declines to consider the conflict of interest question posed in your recent letters to this office, since they relate to litigation pending before the Circuit Court of _____ County. Further, any matters regarding the disqualification of attorneys in pending litigation should be brought before the court in which the case is pending.
What do the rules say today, for your facts?
This opinion is from 1978. Ezel checks the current West Virginia Rules of Professional Conduct against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace