AI for solo lawyers in West Virginia

Solo and small-firm lawyers in West Virginia are using AI to draft and review contracts faster, and in 2024 the West Virginia Lawyer Disciplinary Board published a formal ethics opinion on how to do it. Its message is that nothing is inherently improper about using AI, but every existing duty still applies, and on client consent it goes further than most states. This guide summarises the opinion, the West Virginia contract issues worth checking, and a practical workflow in Microsoft Word with LexDraft.

Last checked: 17 October 2026. Guidance changes; check the West Virginia Lawyer Disciplinary Board and Office of Disciplinary Counsel for anything newer before relying on this page.

Is there a West Virginia ethics opinion on AI?

Yes. The West Virginia Lawyer Disciplinary Board approved Legal Ethics Opinion 24-01, "Artificial Intelligence", on 14 June 2024. Key points:

• Competence and diligence (Rules 1.1 and 1.3). Understand the basics of the tools you use, including that generative AI can invent facts and citations. AI should supplement your judgment, not replace it.
• Client consent (Rule 1.4). The opinion says a lawyer should consult the client and obtain approval before using generative AI on the matter, with informed consent confirmed in writing that covers the tool's risks and limits. That is stricter than ABA Formal Opinion 512, so build it into your engagement letter.
• Confidentiality (Rule 1.6). Review the tool's terms and privacy policy and how data is stored, secured and accessed. Do not use it unless you are confident client information will be secure.
• Candour. Invented citations engage the duty of candour to the tribunal, especially where a court has an AI order.

The opinion applies existing rules rather than creating new ones.

The opinion sits alongside three other sources West Virginia lawyers should keep in view:

• The West Virginia Rules of Professional Conduct. West Virginia's rules are based on the ABA Model Rules, so the duties of competence (Rule 1.1), communication (Rule 1.4), reasonable fees (Rule 1.5), confidentiality (Rule 1.6) and supervision of lawyers and nonlawyer assistance (Rules 5.1 and 5.3) all reach AI use. Check the West Virginia version of each rule and its comments, which can differ from the Model Rules.
• ABA Formal Opinion 512 (July 2024). It is not binding in West Virginia, but it is the most detailed national guidance. In short: understand the capabilities and limits of the tool you use; assess the risk before entering client information into a self-learning tool and get informed consent where that risk requires it; tell clients about AI use when the circumstances call for it; verify output; supervise staff who use AI; and do not bill for time you did not spend. Charging for learning a general-purpose tool is generally not appropriate.
• Court rules and standing orders. Some federal and state judges require disclosure or certification of AI use in filings. Check the local rules and the assigned judge's standing orders before you file anything drafted with AI help. Lawyers around the country have been sanctioned for filing briefs with invented citations.

Practical rules for a West Virginia solo practice

• Read the vendor's terms. Know whether your inputs are stored, for how long, and whether they are used to train models.
• Keep a short written AI policy, even for a one-lawyer firm, and apply it to any staff or contract help.
• Verify every output. AI review can miss issues or be wrong.
• Consider an engagement letter sentence on AI use, and price AI-assisted work fairly. Flat fees fit it well.

West Virginia contract issues to check on every review

• Physician non-competes: the Physicians Freedom of Practice Act (W. Va. Code 47-11E) caps a physician non-compete at one year and 30 road miles and makes it void if the employer terminates the physician. Other non-competes are judged for reasonableness.
• Construction indemnity: W. Va. Code 55-8-14 voids clauses in construction contracts that indemnify a party against its sole negligence.
• Limitation periods: ten years for a written contract signed by the party to be charged, five years for other contracts (W. Va. Code 55-2-6).
• Limitation of liability, indemnity and venue clauses in services agreements.

A contract review workflow for a West Virginia solo practice

LexDraft is a Word add-in from Microsoft AppSource. It opens as a side panel in Word 365 (Windows and Mac), Word 2021 and Word on the web, so the contract never leaves the tool you already draft in.

1. Open the contract in Word and open LexDraft in the side panel.
2. Set the job. For an NDA, SaaS MSA, DPA or services agreement, use the matching built-in playbook. For other contracts, select West Virginia and run the review so LexDraft looks for state-specific red flags.
3. Triage by severity. Findings are graded Critical, High, Medium or Low, and LexDraft flags standard terms that are missing.
4. Run the quick checks. The defined-term and cross-reference checks are rule-based and run without AI.
5. Accept or reject each redline. Accepted changes land as native Word tracked changes, ready for the other side.
6. Verify and sign off. You, as counsel, check every output before it goes out, which is what the rules of professional conduct require.

What LexDraft does not do

LexDraft does not give legal or ethics advice, track bar opinions for you, or file anything with a court. It has playbooks for NDAs, SaaS MSAs, DPAs and services agreements only; other contracts get a general review. Nothing changes in your contract until you accept a redline.

Checklist: choosing an AI tool

• Does it train on your client documents? LexDraft does not use customer documents to train models. Read the security page for how documents are handled.
• Can you see and control every change? LexDraft proposes word-level redlines you accept or reject.
• Is the price predictable? The Free plan has 5,000 generated words a month with no time limit and no credit card. Professional is $99 a month or $990 a year for 100,000 words. Business is $199 a month or $1,990 a year with unlimited words.
• Does it fit how you already work? A Word add-in means no uploads, no new editor and no copy-paste between apps.

Other states

See AI for solo lawyers by state for guides to all 50 states and D.C., or read the seven-step contract review workflow for solo lawyers.

This guide is general information, not legal advice. LexDraft does not give legal advice; qualified counsel must review every draft. Spotted something out of date? Email support@lexdraft.ai and we will fix it.