 2006 Kanawha Boulevard, East - Charleston, WV 25311-2204 Phone-(304)558-2456/Fax-(304 )558-2467/WV Toll Free Phone-(866)989-8227 |
2008 JUDICIAL EVALUATION POLL
- For more than a quarter century, the State Bar has conducted evaluation
polls of its members for judicial elections. The 123news release and
Judicial Evaluation Poll for this year's Supreme Court Justices
and Circuit Court Judges judicial election can be viewed here:
News Release - /barinfo/barblast/nr.pdf
Judicial Evaluation Poll - /barinfo/barblast/08poll.pdf
2008
MEMBERSHIP DIRECTORY - A complimentary copy was mailed to each
active member of the Bar and to inactive members who have paid their
inactive dues. The complimentary copy was mailed to the address
each member has on record with the State Bar at the time of the
mailing. You can order additional copies of the directory by using
this Order Form.
INTEREST RATE ON JUDGEMENTS
- WV state law requires our State Supreme Court to determine
the interest rate to be paid on judgments or decrees for the payment
of monies. The Supreme Court's Administrative Office has the responsibility
to notify the Courts and the State Bar of the effective interest
rate. For judgments and decrees entered during the calendar year
2007, this rate of interest is 9.75%. Attached is the official notification
from the Supreme Court which will also be placed in The WV Lawyer
magazine - /barinfo/announce/wvscltr.pdf
LAWYER ADVERTISING COMMISSION - At the State Bar’s
Board of Governors meeting on July 21-22, 2006 in Wheeling, action
was taken concerning a report from the Lawyer Advertising Commission.
The report was accepted with its recommendations as well as some
amendments made by the Board of Governors. The report and recommendations
have been forwarded to the Supreme Court for its review and action.
A copy of the final report can be reviewed here - /barinfo/barblast/lareport.pdf
EMERITUS ATTORNEYS PROGRAM
- The WV Supreme Court has approved an amendment to the State Bar’s
ByLaws which permits the use of Emeritus Attorneys in the provision
of free civil legal services for low income citizens. The ByLaw
defines an Emeritus Attorney and how that attorney will work in
a legal services program. You can review the Supreme Court Order
and the new ByLaw here - /barinfo/barblast/emeritusatty.pdf
SOUTHERN CONFERENCE OF BAR PRESIDENTS - The 2005 Southern Conference of Bar Presidents Annual Meeting, which was held on October 27-30, 2005 at The Greenbrier Hotel in White Sulphur Springs, can be reviewed here - /barinfo/SCBP/index.asp
2004 MEMBERSHIP SURVEY
RESULTS - The membership survey was done in the fall. It
was reviewed by the Board of Governors at its meeting in January.
More than 25% of State Bar members participated, which is double
the percentage that you need for survey results to be considered
as credible and statistically accurate. This was the first time
that the Bar was done electronically. The survey results can be
reviewed by clicking here - /barinfo/04msurveyresults.asp
The Addendum to the Membership Survey can be reviewed by clicking
here - /barinfo/Addendum.asp
BAR BLAST - Almost 6,400 State Bar members receive a weekly e-mail message with important information relating to the practice of law in West Virginia. The Bar Blast consists of approximately four paragraphs and can be read in less than 60 seconds and then deleted. If you are a WV State Bar member and wish to be added to the Bar Blast listserve, please contact Cheryl L. Wright at cheryl@wvbar.org.
REAL ESTATE TRANSACTION OPINION - After almost two years of work, the State Bar’s Unlawful Practice Committee has released a formal opinion concerning real estate transactions in the state. The Committee, which consists of members of the judiciary and lawyers, had a public hearing, received input on a draft opinion, made modifications and finally approved a final opinion. You can review this opinion - No. 2003-01 by clicking here - /BARINFO/Research/unlawfulprac/index.asp
WVSB POLO SHIRTS - The State Bar now has official WV State Bar navy blue polo shirts for sale. The shirts are Van Heusen brand, 100% cotton, navy blue and embroidered with yellow gold "WV State Bar". Sizes are available in Small to XXXL. The cost is S-L $20 and XL-XXXL $22 plus postage of $3.95. If you would like to order your very own WVSB shirt click here for the Order Form.
ADVANCE DIRECTIVE FORMS- The State Bar's Law & Medicine Committee wishes to remind lawyers of the availability of new Advanced Directives forms relating to Living Wills and Medical Powers of Attorney. You can access the updated forms online at the Center for Health Ethics & Law website at www.wvethics.org/. They can also be received by contacting Dr. Woody Moss at the WVU Center for Health Ethics and Law - 877-209-8086 toll free.
COURT RULES - Supreme Court Clerk Rory Perry has been able to add the Rules of Civil Procedure to the Supreme Court's website which includes other Court Rules such as the Trial Court and Family Court Rules. In addition, he is working on having all the material in the Court Rules Volume of the WV Code placed on the Supreme Court website. The Court's website is http://www.state.wv.us/wvsca/ and it can also be accessed from the State Bar's homepage - /BARINFO/Research/state.asp
DONATE
USEABLE CARS TO HELP YOUR FELLOW WEST VIRGINIANS GET TO WORK
- Good News ~ Mountaineer Garage ~ A project of the WV Council of
Churches ~ Many West Virginians who are poor cannot take advantage
of job opportunities, health care services and educational possibilities
because they don't have a vehicle. A West Virginia University
study found that one out of four people who are poor do not have
reliable transportation, which keeps them from finding or
holding a job. Without transportation, people in rural areas cannot
apply for jobs, get to jobs or take their children to daycare.
Even in areas that have public transportation, many jobs can be
unreachable without a car, particularly late shift jobs. The Good
News Mountaineer Garage, a new project of the West Virginia Council
of Churches, offers a solution to this problem. It offers people
in your church a chance to help those in need in a way that really
counts. We need donations of used vehicles in good condition. The
vehicles will be repaired by qualified mechanics and sold for $1
to families who are approved by the Department of Health and Human
Resources. These vehicles will be given to low income people
who need the vehicle to get to work or employment training.
This project is modeled on a successful Vermont project, The Good
News Garage. The terrain, rural unemployment and poverty issues
are similar in Vermont and West Virginia. Since 1996, the Vermont
Good News Garage, a project of Lutheran Social Services, has
provided hundreds of low-cost, dependable vehicles per year to people
who need transportation to get to
work.
To be successful, the Good News Mountaineer Garage must be a community
project of faith, secular, and educational groups, government and
individual volunteers. We are also looking for volunteers who have
some knowledge of mechanics and vehicle maintenance. These volunteers,
after going through our training program, will do a preliminary
assessment of the vehicles offered for donation. Later, we
hope to develop a network of volunteers who will take a recipient
of one of our vehicle under their wing and help them keep up with
normal maintenance routines and provide troubleshooting for repair
if a problem with the car arises.
Please call Good News Mountaineer Garage at 1-866-GIVE CAR (1-866-448-3227)
to donate your vehicle to volunteer your time to get more information
This project is funded through the WV Department of Health and Human
Resources and the Claude Worthington Benedum Foundation.
SERVICE OF PROCESS STATUS LOOKUP AVAILABLE ON THE INTERNET - Attorneys who serve corporations, limited liability companies, insurance companies and others through the Secretary of State's office are able to check on the status of service over the Internet. The link to the new service is available from the main Secretary of State page, www.state.wv.us/sos. The system is designed specifically for attorneys, and will require the county name and case number to bring up the information.
The search will return each defendant's name, the service date, the date the service was accepted, and the name of the person who signed for the certified mail. When service is returned by the post office, the screen will also show the postal return code. A help screen is available to assist users to refine their search and interpret the postal codes, and an e-mail link is available to report problems or request help with the search or status.
LAWYER SOLICITATION RULE - The State Bar's Board of Governors has approved a proposed change to Rule 7.3 of the Rules of Professional Conduct relating to appropriate solicitation of clients by lawyers. The proposal has been sent to the WV Supreme Court which is the final authority in approving any modifications to these Rules. The current Rule 7.3 and the proposed Rule 7.3 can be reviewed by clicking here - Rule 7.3.asp
UNLAWFUL PRACTICE DECISION - On November 30, 2000, the US Fourth Circuit Court of Appeals handed down its decision in the unlawful practice case of Allstate Insurance Company v. The WV State Bar and the State Bar's Committee on Unlawful Practice. This important opinion affirmed the earlier decision of US District Court Chief Judge Charles Haden that there was no federal jurisdiction to review the decision of the Unlawful Practice Committee.
The strongly worded decision clearly states that The West Virginia State Supreme Court, through The West Virginia State Bar and its Unlawful Practice Committee, has the authority to regulate the practice of law in West Virginia. Allstate Insurance Company's use of a pamphlet, "Do I Need An Attorney", had been determined by the Committee to be the unlawful practice of law. You can review the decision at http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=981537.P
PRACTICE HANDBOOK - The State Bar’s Young Lawyers Section is pleased to announce the availability of the newly revised edition of the Practice Handbook. As in the past, this Handbook contains legal information, forms and practice tips on many areas of the law. Esteemed members of the State Bar are the authors for the Practice Handbook, which should be a part of every law office’s legal library. There is also available an update of the Chapters which is being sold to anyone who has purchased the entire Practice Handbook in the past and only wishes to purchase the updated Chapters. The cost for the two volume Practice Handbook is $245 and the cost for the updated 17 chapters is $75. Please complete the Order Form and return with a check payable to The WV State Bar in the appropriate amount.
PRO HAC VICE - As a reminder, the fee to be paid to the State Bar for a pro hac vice admission has been increased to $250. This amendment to Rule 8.0 of the Rules of Admission was approved by the Supreme Court and will go into effect on July 1, 2007. The fee should accompany a copy of the pro hac vice motion when it is sent to the State Bar. You can review the Supreme Court Order regarding the amendment here -http://www.state.wv.us/wvsca/Bd%20of%20Law/lawprac.htm#Rule%208.0.%20Admission%20pro%20hac%20vice.
CORPORATIONS DATA ON INTERNET
- The Secretary of State's Office has made available - free of charge
on the Internet - all information on businesses registered in the
State of West Virginia.
The data includes records of all company types which are required
to register with the Secretary of State to do business in WestVirginia,
including corporations, limited liability companies, limited partnerships,
limited liability partnerships, voluntary associations, business
trusts, unincorporated nonprofit associations and credit service
organizations. Not included on this database are records of sole
proprietorships and general partnerships, which are only required
to file with the Department of Tax and Revenue.
Users can access the information through the main Secretary of State
web site at http://www.state.wv.us/sos/ 24 hours a day.
Is Your Address Correct? - If you have moved recently or changed firms, please send a change of address to Cheryl L. Wright at cheryl@wvbar.org or 304/558-0828.
1999 State Bar Membership Survey - The results of the 1999 survey and a comparison between the 1994 and 1999 survey results can be viewed by clicking here.
Public Television Program on the Law - The WV State Bar and other groups began a Legal Affairs Program in October, 1999 on statewide West Virginia Public Television. For more details about this important and informative program, please click here
Does your law office have a home page on the Internet? If you do, you can be listed as a link on the Bar's home page! If you want your law office added to our home page, please contact, Cheryl L. Wright at the State Bar office by phone (304/558-0828) or by e-mail (cheryl@wvbar.org) - all we need is the name of your law office, your city and your home page address.
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