--- title: "West Virginia: AI rules for lawyers" url: "https://ailawframework.com/jurisdictions/west-virginia" type: "jurisdiction" site: "AI Law Framework" id: "US-WV" kind: "state" country: "US" parent: "United States" last_checked: "2026-10-31" as_of: "2026-10-31" last_reviewed: "2026-11-03" --- # West Virginia: AI rules for lawyers > West Virginia: court and regulator AI instruments and the tasks that change here. Canonical page: https://ailawframework.com/jurisdictions/west-virginia Site index for agents: https://ailawframework.com/llms.txt ## 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 31 October 2026. ## Telling the court and the client **Tell the court:** Unclear Court disclosure: no rule found at state level. The opinion tells lawyers to check court-specific rules and standing orders. Client disclosure/consent: it depends. The opinion says a lawyer should obtain informed consent, confirmed in writing, but the opinion is advisory only. - [Legal Ethics Opinion 24-01, Artificial Intelligence](https://storage.googleapis.com/msgsndr/Rgd68xOkcVdteTsBkf6O/media/667ac9c219bb7a1f7a4df4c2.pdf) - [Recent Rules Orders](https://www.courtswv.gov/legal-community/court-rules/recent-rules-orders) - [Legal Ethics Opinions](https://wvodc.org/Legal-Ethics-Opinion) **Tell the client:** Varies Same basis and sources as above. ## Last checked Last checked 31 October 2026. ## 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 ### State bar and regulators #### Legal Ethics Opinion 24-01: Artificial Intelligence - Type: Ethics opinion - Issuer: West Virginia Lawyer Disciplinary Board - Date on page: 14 June 2024 - Effective date: 14 June 2024 - Status: 14 June 2024; start date not confirmed - Last checked 31 October 2026 - URL: https://storage.googleapis.com/msgsndr/Rgd68xOkcVdteTsBkf6O/media/667ac9c219bb7a1f7a4df4c2.pdf Advisory opinion on lawyers' use of AI, including generative AI. It says nothing in the Rules of Professional Conduct per se prohibits using AI, but existing duties of competence, diligence, communication, confidentiality, supervision and candour to the tribunal continue to apply. Lawyers are told to check for court-specific rules or standing orders on disclosing AI use or certifying human verification. It applies to West Virginia lawyers. Key points: - Competence (Rule 1.1 and Comment 8): lawyers should have a basic understanding of the AI tools they use, treat AI as a supplement to their own legal reasoning, and understand that generative AI can hallucinate. - Communication (Rule 1.4): the opinion says a lawyer should obtain client approval before using generative AI, that consent must be informed and should be confirmed in writing, and that the discussion should cover the tool's risks and limitations. - Confidentiality (Rule 1.6): review the provider's terms of use and privacy policies; generative AI should not be used unless the lawyer is confident client information will be secure. - Supervision (Rules 5.1 and 5.3): lawyers must supervise AI work and verify it is accurate and complete; failure to do so can breach Rules 1.1, 3.2, 3.3 and 4.1. AI is at best a secondary source. Candour (Rule 3.3): AI outputs with misrepresentations or fake citations implicate the duty of candour to the tribunal. - Fees and intake: efficiency gains must not lead to double billing or inflated time (Rules 1.5, 8.4); chatbot intake can engage Rule 1.18 duties to prospective clients. ### Legislation #### West Virginia Code §5A-6-9: West Virginia Task Force on Artificial Intelligence - Type: Legislation - Issuer: West Virginia Legislature - Date on page: 31 October 2026 - Effective date: Not stated - Status: 2026-10-31; start date not confirmed - Last checked 31 October 2026 - URL: https://code.wvlegislature.gov/pdf/5A-6-9/ Creates a task force within the Office of the Governor to study AI policy, including recommending a definition of AI, best practices for public-sector use, and legislation to protect individual rights, civil liberties and consumer data in relation to generative AI. It does not regulate lawyers or courts directly. The task force submits an annual report by 1 July and terminates on 1 July 2027 under the printed text. Key points: - Advisory and study body only; the printed section imposes no duties on lawyers or law firms. - Attorney General or designee is a member. - Task force terminates 1 July 2027 per subsection (j) as printed; later recommendations may lead to legislation. ## Sources - West Virginia Lawyer Disciplinary Board: [Legal Ethics Opinion 24-01: Artificial Intelligence](https://storage.googleapis.com/msgsndr/Rgd68xOkcVdteTsBkf6O/media/667ac9c219bb7a1f7a4df4c2.pdf) · last checked 31 October 2026 - West Virginia Legislature: [West Virginia Code §5A-6-9: West Virginia Task Force on Artificial Intelligence](https://code.wvlegislature.gov/pdf/5A-6-9/) · last checked 31 October 2026 - [Recent Rules Orders](https://www.courtswv.gov/legal-community/court-rules/recent-rules-orders) · last checked 31 October 2026 - [Legal Ethics Opinions](https://wvodc.org/Legal-Ethics-Opinion) · last checked 31 October 2026 - [Administrative Office of the Supreme Court of Appeals](https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/AI%20Content%20Developer_1.pdf) · last checked 31 October 2026 - [Supreme Court of Appeals of West Virginia](https://www.courtswv.gov/sites/default/pubfilesmnt/2026-09/25-882%20-%20Approval%20Order.pdf) · last checked 31 October 2026 ## Key facts - Kind: State - Task versions written for this jurisdiction: 0 - AI instruments recorded: 2 *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*