Rule 2.4 - Evaluation and Investigation of complaints(a) The Office of Disciplinary Counsel shall evaluate all information coming to its attention by complaint or from other sources alleging lawyer misconduct or incapacity. The Office of Disciplinary Counsel may refer matters to committees of The West Virginia State Bar for resolution or attempt to informally resolve the matter without docketing a complaint. If the information alleges facts that, if true, would constitute a violation of the Rules of Professional Conduct, the Office of Disciplinary Counsel shall also conduct such investigations as may be directed by the Investigative Panel of the Lawyer Disciplinary Board. The Office of Disciplinary Counsel may initiate investigations on its own. The Office of Disciplinary Counsel may obtain from the Chairperson of the Investigative Panel or the Clerk of the Supreme Court of Appeals a subpoena for evidence and the testimony of witnesses and the production of documents for the investigation of docketed complaints. The Chairperson of the Investigative Panel or the Clerk of the Supreme Court of Appeals shall issue a subpoena requiring such person to appear before the Office of Disciplinary Counsel to produce all documents and give evidence on the matters in question. Any failure to obey such subpoena may be punished by contempt.(b) Upon conclusion of the investigation of a docketed complaint, the complaint shall be: (1) dismissed by the Chief Lawyer Disciplinary Counsel if there is no evidence of a violation of the Rules of Professional Conduct. The complainant and respondent shall be notified in writing of the dismissal. The complainant may file a written objection which shall be reviewed by the Investigative Panel; or(2) reported by the Office of Disciplinary Counsel to the Investigative Panel, pursuant to Rule 2.8 herein.(c) Chief Lawyer Disciplinary Counsel shall make a monthly report to the Investigative Panel Chairperson of all matters not docketed and all complaints dismissed. The Chairperson may: (1) direct that any matter not previously docketed be docketed as a complaint and investigated; and(2) direct that any dismissed docketed complaint be reported to the Investigative Panel pursuant to rule 2.8 herein for review upon notice to the complainant and respondent.W. Va. R. Law. Disci. Proc. 2.4
Amended by order entered May 6, 1999, effective 7/1/1999.