As amended through January 31, 2024
Rule 2.16 - Formal advisory opinions(a) A lawyer may by written request of the Disciplinary Counsel seek an formal advisory opinion as to whether certain specific actions contemplated may constitute a violation of the Rules of Professional Conduct.(b) Disciplinary Counsel shall file a report on each request with the Lawyer Disciplinary Board.(c) The Lawyer Disciplinary Board may render in writing such formal advisory opinion as it may deem appropriate or may return the report to Disciplinary Counsel for further review. The Lawyer Disciplinary Board shall forward a copy of every formal advisory opinion to the Clerk of the Supreme Court of Appeals, Disciplinary Counsel, and the requesting lawyer. Every formal advisory opinion shall be published in The West Virginia Lawyer. (d) A formal advisory opinion is binding on the Hearing Panel of the Lawyer Disciplinary Board in any subsequent disciplinary proceeding involving the requesting lawyer, but is not binding upon the Supreme Court of Appeals.W. Va. R. Law. Disci. Proc. 2.16