"Unsung Heroes"

The State Bar has many programs and services that benefit the lawyers in our state as well as all the citizens of West Virginia. Our members volunteer their time and their efforts in order to guarantee that these programs and services are successful.

Each State Bar member gives some of his or her talents and abilities to worthwhile activities in their home, their community, their religious institution, etc. Many State Bar members volunteer their expertise relating to State Bar activities. These unselfish acts help our legal profession and enable our State and local areas to be better places to live and work.

In this regard, there are three groups of lawyers and non-lawyers who deserve our acclaim and appreciation. They are involved in State Bar programs which are very useful for our men, women and children in the state.

The first group is the State Bar's Unlawful Practice Committee. For many years, these lawyers met once a year and had general conversations about the practice of law in West Virginia. Then, as they say, all hell broke loose.

In the past six to eight years, the number of complaints exploded. There has not been two days that have gone by without some unlawful practice of law matter being brought to the attention of the State Bar office. Whether it is an out of state lawyer practicing improperly, a paralegal or a legal assistant not operating under the supervision of an attorney or a non-lawyer dispensing legal advice, the unlawful practice of law is prevalent throughout the state.

The Unlawful Practice Committee investigates and reviews all instances which are brought to its attention. Contact is made with the individual to appraise them of the situation. The Committee has injunctive relief power and will use it as it did in a case in the Northern Panhandle in the mid 1990's.

In addition, the Committee has been involved in two high level Federal Court actions. The first related to the pro hac vice admission procedures which was litigated through the 4th Circuit Court of Appeals with West Virginia's Rules of Admission being found to be appropriate and constitutional. A second case involving improper contacts by an insurance company, which was determined to be within the auspices of the state legal system by the Federal District Court has been appealed and argued before the 4th Circuit Court of Appeals.

In the first case, Parnell v. WV Supreme Court, excellent opinions were written by now deceased U.S. District Court Judge William Kidd with the strong appellate decision being written by 4th Circuit Court Judge Blane Michael. The second case involving the Allstate Insurance Company received a strong favorable opinion written by U.S. District Court Chief Judge Charles Haden.

The hardworking Unlawful Practice Committee consists of lawyers and Circuit Court Judges who thoroughly consider the matters which are brought before it and render excellent opinions. These unsung heroes are John Curry (Charleston), Judge Ron Wilson (New Cumberland), Judge Don Cookman (Romney), Jolyon McCamic (Wheeling), Debra Kilgore (Princeton), Robert Douglas (Charleston) and, Robert Tebay (Parkersburg). Other outstanding persons who served on the Committee over the past few years include Barbara Allen (Charleston), Judge Danny Cline (Sutton) and Judge Larry Miller (Kingwood).

The second group is the State Bar's Client Protection Fund Board of Trustees. More than three decades ago, the State Bar stepped forward and implemented a Client Protection Fund. This impressive effort set up a system whereby a client, whose money was improperly or illegally mishandled by an attorney, had the opportunity to be reimbursed for the lost money from the Fund. State Bar members were assessed an amount of money that was put into the Client Protection Fund for this purpose.

Over the years, tens of thousands of dollars have been distributed to these clients. In each case, the maximum amount of refund which can be provided is $10,000 per request and $20,000 for any one attorney.

Approximately ten years ago, there was a large backlog of cases which required action. The Client Protection Fund's Board of Trustees made an immense commitment of time and effort to do away with that backlog. They did the necessary investigation and review of each application for funds and made decisions on each pending case. For some time now, the Client Protection Fund has been completely up to date and handles requests for funds as soon as they are received.

As a State Bar member, you need to know of the existence of the Client Protection Fund. When an individual comes to you to report that they have hired an attorney, paid the attorney and now the attorney is nowhere to be found, please have that person contact our office so that we can inform them of the Client Protection Fund.

The Fund is administered by a Board of Trustees made up of lawyers and non-lawyers. They are unsung heroes. They have handled their responsibilities in a most effective and efficient manner. They are Sister Marguerite St. Amand (a nun from Clendenin), Sandy Zando (a bank official from Charleston), Chairperson Nick Casey (Charleston), James Boggs (Greensburg, PA), Mary Ellen Griffith (Princeton), James Companion (Wheeling) and Charles Bagley, III (Huntington.)

The third group of unsung heroes has been involved in helping many West Virginians every Tuesday evening for more than the past two decades. They are the lawyers who participate in the Lawyer Information Service.

Every Tuesday evening from 6:00 to 8:00 p.m. three State Bar members give their time to talk with West Virginia citizens who need legal information and guidance. A toll-free telephone number (800-642-3617) is available and the telephones ring constantly for the two hour time period. Many questions relate to domestic relations and consumer matters, but the request for information can also relate to maritime law, securities transactions or international law.

The participating lawyers are from Charleston law offices although there have been occasions when the calls were forwarded to State Bar members in other parts of West Virginia including Beckley, Morgantown, Clarksburg, Martinsburg, etc. The lawyers do get paid for their hard work - they get all the pizza and softdrinks that they can handle!

Each week, there is a captain who has the responsibility to make sure that the calls are being done in a responsive and professional manner. This small group of lawyers works tirelessly in personally answering the telephones as well as helping the other attorneys in attendance with their telephone call requests. These unsung heroes are Tom Trent (Charleston), who is the leader of the group, Lonnie Simmons (Charleston), Dan Schuda (Charleston), Bill Harvit (Charleston), Ann Haight (Charleston), Steve McGowan (Charleston) and Erin Brewster (Charleston.)

The men and women lawyers in these three groups are prime examples of State Bar members who give of themselves to assist and benefit others. We salute them for their commitment to voluntary service. They are representatives of all State Bar members.