AI rules by state · WV
AI Rules for Lawyers in West Virginia 2026
- AI disclosure required?
- Yes
- Governing guidance
- Legal Ethics Opinion 24-01 (2024)
- Sanctions on record
- None on record
- Competence rule
- Rule 1.1
- AI / technology CLE
- No tech or AI requirement
Quick answer
West Virginia is stricter than most. Its Legal Ethics Opinion 24-01 requires a lawyer to obtain the client's informed consent, confirmed in writing, before using generative AI on the client's matter. The lawyer must also verify AI output and protect confidentiality.
Ethics guidance
West Virginia Lawyer Disciplinary Board, Legal Ethics Opinion 24-01
June 2024
West Virginia's reference point is Legal Ethics Opinion 24-01, issued by the West Virginia Lawyer Disciplinary Board in June 2024.
The opinion applies competence, confidentiality, communication, supervision, and billing duties to AI. West Virginia is notable nationally for requiring a lawyer to obtain the client's informed consent, confirmed in writing, before using generative AI on the matter.
Disclosure rules
Are West Virginia lawyers required to disclose AI use?
West Virginia goes further than most states on disclosure. Legal Ethics Opinion 24-01 requires the client's informed consent, confirmed in writing, before a lawyer uses generative AI on the client's matter.
Court disclosure depends on the assigned court's rules, which counsel should review in each matter.
Sanctions on record
AI hallucination sanctions in West Virginia
No West Virginia state-court AI-hallucination sanction is on record as of June 2026. The duty to verify AI output applies regardless, and filing fabricated citations would expose a lawyer to the same sanctions risk seen in other states.
Competence duty
The competence rule and AI (Rule 1.1)
The competence duty in West Virginia is Rule of Professional Conduct 1.1. Legal Ethics Opinion 24-01 reads it to require a working understanding of AI tools and verification of their output.
CLE requirements
Continuing legal education in West Virginia
West Virginia requires 24 CLE credits every two years, including ethics credit. There is no AI or technology-specific requirement as of June 2026.
How to stay compliant
A practical checklist for West Virginia lawyers
West Virginia uniquely requires written informed client consent before AI use, so that step belongs in the engagement here.
Review the assigned judge's standing order and the court's local rules at the start of every matter. AI disclosure obligations generally sit at the court and judge level rather than in a single statewide rule.
Verify every citation and quotation before filing, and read the underlying authority. Most AI sanctions have resulted from citations the lawyer never personally verified.
Do not enter confidential client information into public AI tools without confirming how the tool handles data and, where there is material confidentiality risk, obtaining the client's informed consent.
Inform the client when AI use materially affects the matter, and honor any client instruction that limits AI use.
Bill only for time actually spent drafting prompts and reviewing output, not for time the tool saved.
Keep any required technology or AI continuing-education credit current, and treat AI competence as part of your duty under the competence rule.
When evaluating tools, look for citation grounding that ties output to verifiable authority, a vendor commitment not to train on client data, and audit trails. These reduce risk, but they do not replace the lawyer's own review.
Frequently asked
West Virginia AI rules: common questions
Legal AI rules in nearby states
Practising across state lines? Compare West Virginia’s rules with its neighbors.
This page is general information, not legal advice. Rules change, and the obligations that apply to your matter depend on your court, your judge, and your facts. Verify the current rules with the West Virginia state bar and the assigned court before you rely on anything here. Last verified June 2026.
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