Jurisdiction

West Virginia: AI rules for lawyers

West Virginia, United States · Switch state

What this means for lawyers

The Lawyer Disciplinary Board's Legal Ethics Opinion 24-01 (14 June 2024) says nothing in the Rules of Professional Conduct per se prohibits using AI, but existing duties (competence, diligence, communication, confidentiality, supervision, candour) apply in full.

Verify every AI output. The opinion says AI is at best a secondary source. Failing to make sure AI work is accurate and complete can breach Rules 1.1, 3.2, 3.3 and 4.1, and fake citations implicate the duty of candour.

Client communication: the opinion says a lawyer should obtain client approval before using generative AI, with informed consent confirmed in writing. Legal Ethics Opinions are advisory only and do not bind the Supreme Court of Appeals.

Check each court and judge for standing orders on AI disclosure or certification, as the opinion itself instructs. No state-wide court rule was found.

As at .

Telling the court and the client

What changed in West Virginia in the last 12 months

No new or changed AI rules recorded for West Virginia in the last 12 months.

AI instruments

Full notes

State bar and regulators

Legislation

Sources

Before the work starts

  • Define the matter

    Confirm the client’s instructions, jurisdiction, intended output and the information available before dividing the work.

  • Confirm the source material

    Check the work against the original records and identify omissions, contradictions and remaining information.

  • Record review and approval

    Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

  • Jurisdiction

    Apply this guidance to the actual matter and jurisdiction. Confirm current requirements before relying on an example.

Limits on AI assistance

  • Confirm firm, client and applicable court or professional restrictions before using any AI feature.