WV State Bar

RULES REGARDING REAL ESTATE PRACTICE - The Unlawful Practice of Law Committee is soliciting comments on proposed rules of conduct related to the activities of laypersons and lawyers in the area of real estate practice.  The purposes of the proposed rules are to:  a) assist lawyers in fulfilling their ethical responsibilities,
b) inform and deter lay persons from becoming engaged in activities which may constitute the unlawful practice of law, and c) provide a uniform standard for the evaluation of complaints of the unlawful practice of law in real estate matters.  Comments will be taken by the Committee through midnight, March 31, 2010.  Your comments on the proposed rules should be submitted, in writing, to Anita Casey at 2006 Kanawha Blvd, East, Charleston, WV 25311; by fax at 304-558-2467; or at caseya@wvbar.org. All comments will be reviewed by the Unlawful Practice of Law Committee prior to its next quarterly meeting on April 16, 2010. To view the proposed rules click here.

ADMISSION PRO HAC VICE CLARIFIED - The West Virginia State Bar's Unlawful Practice of Law Committee has clarified a number of questions which continue to arise regarding the interpretation of Rule 8.0 of the West Virginia Supreme Court of Appeal's Rules for Admission to the Practice of Law.  To view the Committee's Advisory Opinion 10-001 click here.  General questions regarding the Advisory Opinion may be made to Anita Casey at caseya@wvbar.org or 304-558-7993.  Specific questions regarding the Advisory Opinion should be made in writing and sent to Anita Casey at 304-558-2467 or The West Virginia State Bar, 2006 Kanawha Blvd, East, Charleston, WV 25301 for review and response by the Unlawful Practice of Law Committee.  

PRO HAC VICE ADMISSIONS -  Pro Hac Vice filings are now available on the State Bar's website under the Public Information Tab.  Information on filings made from 2008 to 2010 are  available, prior years will be posted in the future.  Pro Hac Vice filings will be updated on a weekly basis.  If you have questions about Pro Hac Vice filings, contact Cheryl Wright at cheryl@wvbar.org or Don Ryan at ryand@wvbar.org.

YOUR BOARD OF GOVERNORS AT WORK - It is important that the members of The West Virginia State Bar know that their elected board is working hard to further the Bar's interests. Under Article IV, Section 1, of the By-Laws, the Board is "charged with the administration of the affairs of the state bar and . . . shall diligently and vigilantly formulate such policies and do such things as and when in its judgment may be necessary and proper for the accomplishment of the objects and purposes of the state bar." The Board of Governors believes that the membership should be kept abreast of the activities of the Board. To review the activities of your Board of Governors at the January 29-30 meeting, click here.

PROVISIONAL APPROVAL AND REQUEST FOR PUBLIC COMMENT PROPOSED AMENDMENT TO WEST VIRGINIA TRIAL COURT RULES - The West Virginia Supreme Court of Appeals provisionally approved a proposed amendment to Trial Court Rule 26.08 and is publishing it for comment. Click here for the proposed Rule Amendment.  The comment period concludes on April 12, 2010.
 

LAWYER DISCIPLINARY BOARD - The Lawyer Disciplinary Board submits for public comment the following Legal Ethics Opinion: Ghostwriting or Undisclosed Representation: What is Permissible and What is not Permissible.  This L.E.O. was reviewed by the Board at its February 26, 2010 meeting.  Please submit your comments by May 31, 2010, to the Office of Disciplinary Counsel, 2008 Kanawha Boulevard East, Charleston, West Virginia  25311. Click here to review the Opinion.