Rule 6.3 - Confidentiality of Referral Process; Lawyer Authorization and Consent Required; Refusal(a) Subject to the limited disclosures permitted by these Rules, the referral and any information, documentation and/or communications between ODC and WVJLAP related to the referral process or the referred lawyer shall be confidential. Any information received by either agency will be maintained as confidential information in accordance with the agency's applicable rules and as required by law.(b) Any lawyer referred by ODC to WVJLAP pursuant to these rules shall be required to sign an Authorization and Consent form, a copy of which shall be provided to WVJLAP. The Authorization and Consent form shall: (1) inform the lawyer that information obtained by the ODC or WVJLAP related to the disciplinary complaint and the referral may be shared between ODC and WVJLAP; (2) shall provide the express consent of the lawyer permitting ODC and WVJLAP to share such information with each other; (3) shall advise the lawyer that all information provided to and/or received from WVJLAP for purposes of the referral and as permitted by these Rules shall be kept confidential by the ODC and WVJLAP as required by applicable Rules; (4) that disclosure of any information and/or documents received from WVJLAP deemed necessary by ODC in the prosecution of the disciplinary matter involving lawyer shall be placed under seal by ODC; and (5) that any closing document that will be made part of the lawyer's public file shall not set forth any specific information received from WVJLAP, but may state that the lawyer was either successful or unsuccessful in compliance with or completion of the recommendations/requirements of WVJLAP.(c) If a lawyer refuses to sign the Authorization and Consent form required by this Rule. such refusal shall constitute the lawyer's refusal to participate in the referral process as a potential diversion process and/or mitigating factor with regard to the disciplinary complaint involving the lawyer, and upon such refusal the ODC, at its discretion, shall proceed accordingly; however, refusal to sign an Authorization and Consent form shall not preclude a lawyer from seeking or receiving assistance from WVJLAP.W. Va. R. Law. Disci. Proc. 6.3
Adopted December 16, 2024, effective 12/16/2024.