The West Virginia Lawyer

Volume 11 Number 2

September 1997

FEATURES

Leaming To Serve, Serving To Learn: Public Service At The West Virginia University College of Law
By Ace Boggess, Bettina Jordan, Randal Minor and Anne L. Wilcox

Bills Passed During The 1997 Regular Legislative Session

Interviewing Clients: The Legal Assistant's Role
By Claire Hudson

MISCELLANEOUS

WV Tax Institute To Hold Annual Meeting

PBRP Update

CLE Calendar

DEPARTMENTS

President’s Page

D. C. Offutt, Jr.

As President of the Bar, I have asked dozens of lawyers around the State to volunteer their time and efforts to one project or another. I am always pleasantly surprised that these lawyers enthusiastically do whatever is asked of them, almost without fail.

Members of the West Virginia State Bar unselfishly devote their time and energies to the betterment of their profession. The reasons that West Virginia lawyers participate in the activities of their Bar vary. I suspect they include, among others: (1) To give something back to the profession; (2) A fear that if they don't do it, no one will; (3) A chance to work with a diverse group of lawyers who share similar interests and concerns; (4) A sense of pride and accomplishment in helping make the profession stronger and better; (5) To become a better lawyer; (6) It's good for business; (7) To have some input in the outcome of issues that affect their chosen profession; (8) To meet great people and (9) It's a lot of work, but it's a lot of fun, too. Or maybe it's because they just can't say "no" when asked to help by a charming and persuasive Bar president. For whatever reason, our Bar is blessed with a membership that is ready, willing and able to answer the call for help. However, not every Bar member is as active as he or she should be and a few feel excluded from meaningful participation in Bar activities.

The State Bar periodically surveys its members on a variety of topics. The last survey was conducted in 1994. The survey was extensive, containing two hundred questions. Yet, over 40 percent of the attorneys practicing in the State took the time to fill out the lengthy questionnaire, an unusually high response rate according to the company that conducted the survey. Of the one thousand four hundred thirty-four (1434) lawyers who responded, two hundred seventy-seven (277), or about 20 percent, indicated that the State Bar provided many opportunities for involvement of its members in the operation of the bar and further felt that they had taken advantage of the opportunities available.

"Get Involved"

Six hundred seventy-six (676), or nearly 50 percent, agreed that the Bar had lots of opportunities for involvement but did not feel that they took advantage of those opportunities. The remaining three hundred twenty-four (324), or about 25 percent, did not feel that the Bar provided adequate opportunities for involvement.

If you are among the majority of members who know that opportunities are available for participation in Bar activities but who just haven't done SO for one reason or another, now is the time to get involved. Start by becoming a member of one of the many committees of the Bar and attend the meetings. Our Bar maintains nearly 40 standing committees that are involved with all facets of the legal profession, from banking to legal services for the poor. What do you have to do to become a member of a committee? Call the State Bar Center and tell them that you want to join. You're a member. It's that simple. The committees meet periodically, usually at the State Bar Center, although some committees, like the Family Law Committee, are starting to hold meetings around the State. If you don't want to travel to Charleston for committee meetings, you can attend by phone, at no cost to you. Simply advise the Bar Center that you want to attend by phone.

Each committee is chaired by a lawyer appointed by the current Bar President. The committee chair, with involvement of the committee members, sets the agenda for the committee for the year. In making chair appointments, the President of the Bar usually looks to those members who have been interested and active on the committee in the past. Therefore, being active in the work of a committee that interests you, greatly increases your chances of being asked to chair the committee.

From time to time, special commissions are appointed to address a specific area of interest or concern. Last year, a special commission reviewed and proposed standards of professionalism which were ultimately adopted by our Supreme Court of Appeals. The work of that committee was recognized at this year's ABA annual meeting when the West Virginia State Bar received the National Association of Bar Executives' Public Service Achievement Award for bar associations with fewer than 18,000 members. The award was sponsored by Lexis-Nexis. This year a special commission is looking at the complex issue of lawyer specialization. Again, as with the committee chairs, appointments to special commissions are made from those lawyers who have been active in Bar activities or who have a special expertise or interest in the subject-

If being on a committee is just not for you, there are numerous other ways for you to become involved. For the past several years, the State Bar has conducted regional meetings in each area of the State. Current topics of interest to Bar members are discussed and attendees are given the opportunity to voice their opinions on various issues. This year's regional meetings are to be held around the State this Fall. Watch for the announcements and plan to attend the one in your area.

Along the same lines, the Bar's Annual Meeting offers excellent opportunities to become involved. Only about one in ten members of the Bar attends the Annual Meeting. The next Annual Meeting will be at the Greenbrier on March 26-27, 1998. Mark your calendar and plan to attend the meeting. It will be a great way to start becoming involved with your Bar. Bring your family. You may have some fun, as well.

These suggestions are just a few of the ways for you to get involved with the State Bar. There are many others. You can write an article for the West Virginia Lawyer. Volunteer a few hours of your time to the Lawyer Information and Referral hot line. Accept a pro bono referral. Be a mentor for an inexperienced member of the Bar in your area. All these, and more methods are available through the West Virginia State Bar.

Become involved. It's your Bar. It's your profession. Help make it better.

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Dean's Column

John Fisher

"It's Deja Vu All Over Again" ----Yogi Berra

As those who have written a column such as this on a regular basis know, deciding on an appropriate topic is often the most difficult task. When I was reminded that I again had the opportunity to communicate with you via the Dean's Column (i.e. Renee advised me of the deadline for the September issue of The West Virginia Lawyer), I decided to look at my initial column as Interim Dean from 1992. As I read that column, the old adage "the more things change, the more they remain the same" came to mind. In fact, I have decided to use the first portion of the 1992 column again not because it was well written, but because the message it contained remains relevant and important.

The law school is once again in a period of transition. There will be approximately one year between Dean [Foster's] departure and when the new dean assumes full responsibility at our College of Law. While such transitional periods are not the time to initiate significant new policies or to chart new institutional courses, it cannot become a periodofstagnationorinertia. Itisimportant for all of us interested in the future of the College of Law to work hard to assure that the law school continues to fulfill its obligations in the areas of teaching, research, and service, and to take advantage of whatever opportunities present themselves. In all candor, for these obligations to be met and for us to take advantage of the opportunities which may arise, we must have the continued support, interest, and help of the members of the legal community. It is important that our students continue to have the opportunity to observe the West Virginia Supreme Court of Appeals hear actual cases in the Lugar Courtroom. Seeing the arguments of counsel, the questions by the Court, and then the written opinion appear in the reporter system brings insight into the appellate cases which appear in our casebooks in a manner not otherwise possible. It is important that judges and lawyers continue to support our Moot Court and Trial Advocacy programs and to serve as guest lecturers. It is important that the interest and goodwill which exists between the law school and the legal community continue and that all parties recognize that such good relationships must be nurtured and cannot be taken for granted or ignored.

Just as important for you to continue to give of your time and talents to help us meet our educational and service responsibilities, it is important that the generous financial support of recent years that has made such a qualitative difference in our College of Law continues. The fact that something is repeated so often as to become trite does not mean that it is not true. The truth of the matter is that private financial support of the College of Law by our alumni and friends is absolutely essential to providing a quality leaming experience for our students and meaningful service to our state. Private support is what makes possible the leaming experience gained by participation in the Law Review, Moot Court, and Trial Advocacy programs. Numerous student organizations are dependent upon the generosity of others to sustain their programs. Private funds help to lessen the financial burden of attending law school for many of our deserving students and to recognize the achievements of other students. The generosity of contributions makes it possible for us to bring outstanding legal scholars to our campus to talk with our students and faculty or to provide much needed resources for the Law Library. The law school's ability to actively participate and to contribute to such public service activities as the West Virginia Law Institute and much of our faculty research is made possible by private support. In fact, the resources necessary to conduct the dean search will probably have to come from private funds.

As the Interim Dean, I worry that our friends and supporters will be tempted to wait until the new dean is named to make decisions about contributing to the College of Law. I recognize that to some, the dean is the personification of the institution. I will work very hard to convince you that our law school is an institution that both needs and deserves your support, and that in fact the continuation of your support is very important in making our law school attractive to the best of the dean candidates.

On a personal level I feel guilty for including in my first Dean's Column to you, a plea for your continued financial support, but as a dean I believe it is important. The fact that I feel compelled to do so perhaps underscores its importance to our College of Law. In the months ahead I will use the Dean's column for its more traditional purpose which is to share with you information concerning our College of Law and planned activities.

By the time this column reaches print, the search for Dean Foster's successor should be underway. A search committee representing the various constituent groups should have developed a position description, placed advertisements in publications designed to reach the applicant pool, and the committee will start reviewing the applications before theendofthecalendaryear. Candidateswill be invited for on-campus interviews in early 1998, a decision should be reached by spring, and the new dean should assume his/her responsibilities about July 1, 1998.

Finally, on behalf of the law school community, and especially personally, I would like to thank Teree for her outstanding leadership as our Dean. Teree leaves our law school a better institution and the legal profession in our state enriched because of her presence. Teree was committed to her ideals and goals, a person of principles, and one who was involved and committed to the community in which she lived. We thank Teree for her leadership, her many contributions, and for the way she touched our lives. We will miss her both personally and professionally and we wish her the best as she returns home to Chicago and the challenges she will face at DePaul.

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West Virginia Tax Institute to Hold Annual Meeting

The Forty-eighth Annual Meeting of the West Virginia Tax Institute will be held at Pipestem Resort State Park, Pipestem, West Virginia, from Sunday evening, October 5 through Tuesday, October 7. At the Sunday evening session, Current Developments in Federal Taxes will be reviewed. Various Federal tax topics will be covered during the Monday meeting. The Tuesday morning session will be devoted to select West Virginia tax subjects, including recent developments.

The Program will include a twohour Internet workshop. The entire Program will qualify for 12 hours of CLE/CPE credit. Interested persons who need further information or who would like to be added to the Institute's mailing list may contact Ms. Linda Harrison at (304) 340-1232.

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Young Lawyers Section

Jodie Boylen

Do You Possess The TECHNOLOGY OF TODAY AND TOMORROW?

Well, if you are a lawyer and practice in West Virginia, the answer to that question depends upon whether you are a subscriber to TECHNET. Over the past few months, I have participated in meetings for the West Virginia State Bar and no matter what the topic of conversation is, we always end up on the subject of technology, computers, and yes, eventually TECHNET.

Words I have never heard are coming out of the mouths of respected professionals within our community. People question whether I have an internal fax modem, what are my downloading capabilities, and if I have a virus control mechanism, not to mention someone wondering how my hard disk drive is performing. These are all words I do not understand. Now this new language and trend toward computer literacy may be because the great D.C. Offutt is leading the legal community into the 20th century with regard to technology or maybe it's because technology is already here and is being taken for granted.

My 12 year old daughter, Courtney, is a wizard when it comes to the family Gateway 2000. When I need jury exhibits or specialized Certificate of Merits for my little witnesses who have braved the unknown and testified about issues that make adults shudder, it is Courtney who sits down at the computer and produces masterpieces of art. The other day I came home from work, and she was sitting at the computer desk with all these CDS and disks arranged in disarray on the floor. She quietly informed me that she had just taken the time to reconfigure the computer because I was wasting space with nonsense files and outdated programs. I didn't know whether to be impressed or afraid. My Office 97 and Solitaire still work, so I am happy.

I wouldn't say I am unenlightened in regard to computers and their workings but I would say I take them for granted. I like to sit down at the screen and begin work. Like the microwave in my kitchen or the Intoxilyzer 5000 at the local police station, the computer is an instrument that does a specific function and I don't care how or why it works.

I view computers like I view automobiles. Both must go fast, provide instant gratification upon usage, and have a warranty that includes home visits if necessary. A few automobiles ago, I called my father to inform him of my new purchase. He inquired as to the type Of engine and the estimated projected mileage. Both of the questions were answered with a resounding, "I don't know." At which point my father questioned the color and its stereo system. The color was a beautiful emerald green and the CD/cassette AM/FM stereo was "Outstanding." Upon viewing the last car I purchased, Dad commented on the pearl white lustrous color and the great Boise stereo system before picking up the car manual and taking it home to read. I don't care that my computer has 32 RAM or is a 266 MHZ with MMX technology ... it works fast and does the the job, just like my car. If the computer breaks down, just like the mechanic comes to fix my car, Gateway sends out a wonderful serviceman to meet my needs. Sometimes you just have to take a chance, depend on those who have gone before you to provide guidance and direction, accept that which is before you and go for a walk on the wild side.

The West Virginia State Bar has provided a program that even 1, the one who takes technology for granted and doesn't care how it works, can employ. TechNet is a momentous program for the lawyers of this state. On line is an excellent e-mail system, up-to-date information about the State Bar, recent Supreme Court Opinions, Grievances from the West Virginia State

Employee Grievance Board and the Secretary of State's information regarding corporations along with calendar updates as to the Bar's activities. When I have a problem, I call Tom or Connie and the problem is corrected; cheaper than the mechanic or the serviceman.

We, as Young Lawyers, need to sign up for TECHNET and become a proponent of technology and our state bar. The TechNet Committee has promised us new updates on this system, including being able to access TechNet through the Internet. We are amazed lawyers could actually work without a computer on the desk and marvel at such ancient concepts such as typewriters and the US Postal Service. We should be equally as amazed at the guidance and direction on today's technology coming from the State Bar. Thanks to D.C., Elliott Hicks, Dan Ringer, David Duffield, Lucien Lewin, Tom, Connie and the rest of the TECHNET Committee for that guidance and direction so that we, young lawyers, can take a walk on the wild side ...

***CHEERS***

Cheers to those bar members who are subscribers to TechNet, but the system still has a long way to go. New ideas are being implemented as I write. However, the success of this technology depends upon the Bar's full support including young, middleaged and older attorneys. As you read in the President's Page last month, (and even if vou didn't read it, pretend you did for D.C.'s sake) ' you can now sign up for TechNet for a mere $25, a savings of $ 1 00. Thereafter, the cost is $25 per month with unlimited usage. This offer is only good until October 30, 1997. Subscribe today and E-mail me at vlsbovien. As my daughter would say, "I Would just love to cybertalk with you."

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PBRP Update

The following attorneys have recently volunteered to give 20 hours of civil legal representation to those who cannot afford legal counsel, or otherwise participate in programs sponsored by the Project.. Referrals are made through the Pro Bono Referral Project.

"If we are to keep democracy, there must be one commandment: Thou shalt not ration justice."

Judge Learned Hand

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Letters To The Editor

Dear Editor.-

How did my friend and colleague, H. John Rogers, Esquire, become designated as a Laura Rose, Martinsburg graduate of WVU College of Law? I have the distinct recollection that he attended Harvard Law School and was well on his way to graduation when I first encountered him. If I am correct and Herbert is a graduate of Harvard Law, I urge you to retract the comment as to his graduation from WVU College of Law and give equal space to his admission to practice following graduation from the intellectually challenging and widely acknowledged premier producer of legal theoreticians located in the vicinity of Harvard Square in Cambridge, Massachusetts.

Very truly yours,
Herbert G. Underwood

Editor's Note: Our records indicated that Mr. Rogers attended WVU. He did in fact attend WVU for his undergraduate studies but thereafter went on to Harvard School of Law. We apologize for this error.

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LEARNING TO SERVE, SERVING TO LEARN:

Public Service at the West Virginia University College of Law

by Ace Boggess, Bettina Jordan, Randal Minor and Anne L. Wilcox

Most lawyers would agree there is far more to the practice of law than what one learns in the classroom. At the West Virginia University ("WVU") College of Law, students are learning first hand what it means to be a lawyer by volunteering with the law school's public service program.

"it should be a mission of every law school to help students find their voices as lawyers to be," said Chuck DiSaivo, a law professor and volunteer with the College of Law's Appalachian Center for Law and Public Service. "I don't think there's any better way to find yourself than through service to others."

DiSaivo is one of over fifty volunteer attorneys who supervise WVU law students providing pro bono services to needy individuals as part of the law school's public service program. DiSalvo chaired the original task force appointed by then-Dean Donald Gifford to study how public service might be incorporated into the law school experience at the university. "It became clear to the task force very early on that our students were clamoring for public service opportunities,"he explained. The task force looked at what other schools were doing and found that many already offered public service opportunities to their students. In recommending that WVU do the same, the task force, according to DiSaivo, had three main goals. "We wanted to provide law students with opportunities for skills enhancement and career development, we hoped to address legal needs in the local community and throughout West Virginia, and finally, we wanted to foster the ethic of pro bon-9 service to the unrepresented among our graduates."

West Virginia Supreme Court of Appeals Justice Larry Starcher also was part of the original task force. "When I served on the task force," he said, "I was the Chief Circuit Court Judge for Monongalia County. As a judge and the former director of a legal services program, I knew firsthand of the tremendous need in our community for legal assistance on the part of the poor and unrepresented. I saw the public service program as a vehicle for addressing some portion of that need. Moreover, I felt it was important for law students at the state's only law school to leave law school with an appreciation of the profession's obligation to provide pro bono services to the poor."

In the spring of 1994 the College of Law established the Appalachian Center for Law and Public Service and charged the Center with developing and administering a public service program for law students. The Appalachian Center launched its first public service projects during the fall semester in 1994. Since then, the Center's law students and volunteer attorneys have provided thousands of hours of free legal assistance to over 500 individuals, including battered women, seniors, and abused or neglected children. Needy individuals in the community receive assistance through one of the Center's in-house "mini-clinics" in the areas of Domestic Violence, Family Law, Wills and Estates, and Bankruptcy.

In addition to providing pro bono representation for clients, the Appalachian Center also arranges individual placements where law students volunteer directly with judges, family law masters, legal aid offices and other state agencies and nonprofit organizations throughout West Virginia. Among other things, student volunteers have drafted orders, researched pressing legal issues, helped nonprofit organizations incorporate and receive tax exempt status, and investigated conditions at a state juvenile facility.

Brian McAuliffe is the managing attorney for the Morgantown office of the West Virginia Legal Services Plan, the largest provider of legal services for the poor in West Virginia. McAuliffe believes legal services programs currently face a crisis in their ability to serve their clients.

"Because of federal cuts in funding for legal services programs," he said, "our office, which serves a six-county area, has seen a reduction in staff from six attorneys to two attorneys. We, like most legal services offices around the state, have a very experienced and skilled staff; however, our caseloads are overwhelming. Pro bono attorneys and programs like the College of Law's public service program are vital to our ability to serve our client population."

Giving an example of the Appalachian Center's impact at his office, McAuliffe said, "We had a law student working with us last year, Sylvia Sullivan, who spent several hours at our office each week. Before volunteering with us, I do not believe Sylvia had ever spent much time with poor people or utilized her legal training in a practical way. After volunteering with our office, she could screen cases, interview clients and work up pleadings in a case like an experienced practitioner."

Randal Minor, Director for the Appalachian Center and a 1981 graduate of the College of Law, also thinks there is a crisis with respect to available legal resources for the poor and working poor. He said, "So many people are forced to negotiate our legal system without the benefit of legal counsel. Before coming back to the College of Law, I spent most of my career providing legal services to the poor. One of the most difficult things about being a legal services attorney involves those occasions when you cannot help someone and you know there is not a chance in the world the person will be able to find legal assistance somewhere else. I believe that all of us in the legal profession, including law students as future members of the profession, must do our part to step into the breach created by cuts in funding for legal assistance to the poor."

Minor, in addition to coordinating the many public service projects offered by the Appalachian Center, also directly supervises students in the Center's pro bono cases. "One of the things that energizes me in my work," he said, "is seeing the light come on in a student'seyes when he or she realizes the difference they havejust made in a client's life. I am very proud of the students and attorneys who volunteer with our program."

Jocelyn Patten was one of those law students. Patten, a member of the Class of 1997, volunteered with the Appalachian Center every semester since the beginning of' her second year at the law school.

"I was looking for things to get involved in, and I thought that this would be interesting," Patten said. "Anyone who wants to get involved can. The program is very flexible."

Once involved with the Domestic Violence Project, Patten became engrossed with the work and people with which she was dealing. The work being done with domestic violence victims involves more than just showing up at a hearing and making sure that they have representation. There are extensive interviews with clients, case preparation and consultations with experienced lawyers.

From working with the staff and volunteer attorneys at the Appalachian Center and hearing the stories of the women that she has helped, Patten said she developed a true sense of responsibility for the volunteer work that she did. "Watching the way lawyers handle themselves and give advice has given me a real sense of ethics and made me feel like I'm protecting the client," Patten said.

Patten hopes to continue to work on domestic violence cases when she leaves law school. "I think working with victims of domestic violence would have been really hard for me to do if I hadn't done it first here at school," she said. "It isn't one of the things you think aboutjust doing, so being able to get a chance to do it here has been a really great experience."

For the past three years, attorney Kathy Snyder has dedicated hours of her time to working with battered women without compensation. A 1992 graduate of the College of Law and an associate with Jackson & Kelly in the firm's Morgantown branch, Snyder has taken time out of her busy schedule to volunteer with the Appalachian Center in the Center's Domestic Violence Project, simultaneously guiding students as they struggle with the issues and gain experience to help them in the future.

"All these cases are particularly emotional," Snyder said of her experience with the Domestic Violence Project. "It's extremely difficult to work with someone that you know was a victim of abuse. You know they're in a personal crisis, and often they have children that have been abused. They lack the resources often to get shelter, to get food, or even transportation. Not only are you the attorney, but you can also be the friend, the counselor, or even the savior in this situation. You have to be compassionate."

The Center and the Domestic Violence Project provide more than just solutions to the individual problems of clients, however. These programs also offer training and experience for law students as they prepare for their own roles in the professional world.

"It's brought me closer to people and to what being a lawyer's all about," said Jennifer Ramsey, a 1997 law school graduate who worked with Snyder on a previous case. "It's an opportunity to get out there and put these abstract theories we're learning into concrete experience. It brings it home."

Snyder also believes students can learn a great deal working on pro bono cases. "I hope they get some practical experience, and I really believe they do," she said. "When I got out of law school, I realized I didn't have a lot of practical skills. I knew the theory, but what to do and where to sit in the courtroom, I really just didn't know. These students can get out in the community and work with lawyers. They get some practical experience about how to get medical records, how to interview clients, what information they can get from police officers, and how to act in court."

Snyder hopes more lawyers will consider volunteering with the Domestic Violence Project. "There is a much greater problem with domestic violence in our community than is reported to the police or in the newspaper."

"The most important thing I'd like people to know is that more attorneys are needed in this area. You don't need any training in domestic law because the Appalachian Center provides training and a manual for its volunteers. It takes a relatively little amount of time because you have the law students helping. It's a wonderful opportunity for any attorney looking for pro bono work but uncertain how to get involved. It's also very organized. It's a perfect opportunity for attorneys."

Ramsey agreed, noting that the same applies to students. "Law Review is limited to 15 people with top grades," she explained. "Moot Court is limited also, and Clinic is a lottery. With the Appalachian Center, anyone can do it. It doesn't matter what your grades are. I don't think anyone can complain now because they don't have the grades or didn't win the lottery. Here's a place for everyone."

It is not only students, law professors and young associates who take time out to volunteer with the Appalachian Center. Tim Padden, an attorney with the firm of Rose, Padden & Petty, has been practicing law for over twenty years. For the past two years Padden has volunteered with the Appalachian Center's Wills Project.

In the Wills Project, teams of attorneys and students attend an evening clinic where they interview clients seeking help with wills, medical powers of attorney, and other advance directives. While the student member of the team is primarily responsible for the client interview and drafting of documents requested by the client, the attorney works closely with the student to ensure a quality product. When all documents are prepared, the client meets the student at the attorney's office to execute them, at no cost to the client.

I was very impressed with how well prepared each of my student partners has been," Padden said. "At the beginning of each year, the Appalachian Center has a training session for new volunteers and gives each volunteer a manual designed to walk them through the work they will be doing for their clients. I think this gives students confidence that they can do what will be expected of them. It also makes my job easier."

Aside from that, Padden said, "I have enjoyed very much the opportunity to act as mentor to future members of the profession. I believe the Appalachian Center provides a valuable service to West Virginia citizens and an excellent learning opportunity for law students. I wish I could have had such an opportunity when I attended the College of Law twenty-four years ago."

Former West Virginia Supreme Court of Appeals Justice Frank Cleckley is no stranger to pro bono service to the disadvantaged. Since leaving the bench and returning to the faculty at the WVU College of Law, Cleckley has again become active in promoting public service in legal education.

When Cleckley first started teaching at the law school in the 1960s, it was still located on the downtown campus in Colson Hall. "When the law school was downtown," he said, "all kinds of people-students, grad students, and faculty-.iust walked into my office to ask for my help. I realized no one else was doing pro bono work, and there was a need. I was the public interest lawyer."

Cleckley said he thought about what had stirred his interest in the law. He was a son of the Civil Rights Movement of the 1950s and 60s. "When the leaders were in jail," he said, "being a lawyer was almost as important as being a minister. There wasn't any legal aid or public defender as we know them today. Most lawyers were interested in government offices or ordinary fee-generating legal work, and so folks who couldn't pay their fees knocked on my door. I saw a need to prompt others to do work in the public interest that didn't need to earn a fee."

Not surprisingly, Cleckley has supported the Appalachian Center and other public service efforts at the law school from the beginning. By engaging in public service now, Cleckley believes law students gain valuable experience that will guide the way they do lawyering in the future. "An important part of law school is learning to represent all segments of society," he said. "By engaging in public service, our students associate with people who wouldn't necessarily walk into their offices when they leave law school. My own pro bono work has been among the most gratifying work I have done in my career. I want law students to have that same experience. Public service motivates people to make the country better and to make the legal profession more honorable."

Anyone interested in volunteering with or otherwise supporting the Appalachian Center for Law and Public Service should contact Randal Minor at the WVU College of Law, PO Box 6130, Morgantown, WV 26506, (304) 293-8555. The Appalachian Center and the West Virginia University College of Law wish to thank the following attorneys for their support of the public service program:

Charles DiSaivo, Frank Cleckley, Tom Patrick, John Fisher, James Friedberg, Vince Cardi and Joyce McConnell, WVU College of Law; Scott Segal, the Segal Law Firm; James Martin, Brian McAulliffe, and Robert Miller, West Virginia Legal Services Plan; Velma McClure and Debra Aronoff, North Central West Virginia Legal Aid Society; Kathy Snyder, Julia Chico, Eric London, Deborah Bowers, David Myerberg and Chris Callas, Jackson & Kelly; Billy Atkins, Russell Clawges, Debra Scudiere, William Holmes and Michael Barill, Furbee, Amos, Webb & Critchfield; John Wiley, Robert Berryman, Hu Vandervort, R. Scott Summers, and Phillip Mooney, Reeder, Shuman & Wiley; Harry M. Rubenstein, Thomas Rubenstein, David Thomas, Beth Ann Lloyd and Elma Reed, Kay, Casto, Chaney, Love & Wise; Allan Karlin and Jack Kaplan, Allan Karlin & Associates; Bill Byrne and John Hedges, Byrne & Hedges; Jacques Williams and E. Paul Estep, Hamstead, Hamstead & Williams; Timothy Padden and Linda Gutsell, Rose, Padden & Petty, L.C.; Ward D. Stone, Jr., and Kenneth Kincaid, Spilman, Thomas & Battle; Michael Aloi and Randy Knihia, Manchin, Aloi & Carrick; Kimberly Bentley and Paul Heironimus, Dinardi, Heironimus, Bentley & Orteza; Beth Kraus Haley and Kimberly Schmidt Croyle, Bowles, Rice, McDavid, Graff & Love; David Cavender, Esq.; Barbara Fleischauer, Esq.; Annie Cronan Yorick, Esq.; Marie Cahill,

Esq.; Patricia Stiller, Esq.; Daniel Ringer, Esq.; Daniel Oliver, Oliver & Yackel; Deborah Miller, WVU Foundation, Inc.; Gordon Keyes, West Virginia University; Rhonda

Miller, McNeer, Highland & McMunn, Baker & Armistead;

Karen Hall, Esq.; Eunice Green, Fairmont State College; Brent Copenhaver, Jacobson, Maynard, Tuschman & Kalur; Melinda Russell, Esq.; Regina Charon, Esq.; Mathew

Mullaney, Steptoe & Johnson, Sharon Hayes, Esq., Michelle Widmer-Eby, Widmer & Coombs; J. Douglas Crane, Esq.; Mary Beth Angotti, Esq.; Joseph Moses, Esq.; Bader Giggenbach, Esq.; David Cavendar, Esq.; Shelly Crane, Esq.; Patricia Hill, Hill & Associates; and Kathleen Abate, Cohen, Abate & Cohen.

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Bills Passed During The 1997 Regular Legislative Session

House Bills That Passed Legislature

*2049. Abolishing the position of Vice Chancellor for Instructional Technology and transferring the duties thereof

*2050. Budget Bill, making approdriations of public money out of the Treasury in accordance with Article VI, Section 51 of the Constitution

*2084. Creating the felony offense of abuse of vunerable adults

*2091. Prohibiting insurance companies from denying coverage to abuse victims

*2093. Missing Children Information Act

*2123. Eliminating the interlocutory appeal following transfer of proceedings from juvenile to criminal jurisdiction

*2127. Procedure for committing persons to state institutions for tuberculosis when that person is an alcoholic or drug user

*2148. Relating generally to compensation awards to victims of crimes

2288. Continuing the Office of Water Resources

2289. Continuing the position of Envi ronmental Advocate within the Division Of Environmental Protection

2290. Supplemental appropriation Of federal funds to the Department of Transportation, Western West Virginia Regional Airport/Franspark

2291. Supplemental appropriation of federal funds to the Governor's Cabinet on Children and Families, Supportive Housing Program

2292. Supplemental appropriation of federal funds to the Division of Criminal Justice and highway Safety, Rural Domestic Violence and Child Abuse Enforcement Assistance

2293. Supplemental appropriation of federal funds to the Governor's Cabinet on Children and Families

2294. Supplemental appropriation of federal funds to the West Virginia State Police, DNA testing program

2295.Supplemental appropriation of federal funds to the Division of Motor Vehicles, International Fuel Tax Agreement.

2296. Supplemental appropriation of federal funds to the Solid Waste Management Board, EPA grant

2297. Supplemental appropriation of federal funds to the West Virginia Development Office, Small Cities Block Grant Program

*2137. Authorization for Department of Adminstration to promulgate leglislative rules

*2333. Authorization for Bureau of Environment to promulgate legislative rules

*2337. Authorization for the Department of Military Affairs and Public Safety to promulgate legilsative rules

*2345. Authorization for the Department of Health and Human Resources to promulgate legislative rules

*2354. Authorization for the Department of Education and the Arts to promulgate legislative rules

*2397. Creating the Robert C. Byrd Corridor H Highway Authority

2406. Continuing the Child Support Enforcment Division

2407. Continuing the Division of Personnel

*2435. License plates for conservation officers

* 2436. Relating to the law regarding the illegal possession or killing of wildlife

2441. Inspection of meat, poultry or any other agriculture commodity sold to a state institutio

2451. Changing the probationary period from six months to one year for paid fire departments

*2473. Relating generally to the crime of arson

*2496. Expandingadvaloremtaxationfor public service businesses to include certain commercial motor vehicles

2498. Continuing the goveror's cabinet on children and families

2499. Continuing the school building authority

2500. Supplemental appropriation of federal funds to division of corrections, Anthony Center bootcamp and criminal alien assistance program

2501. Supplemental appropriation to the tax division, office of chief inspector

*2508. Providing a means for the sale of road bonds

2510. Relating to carryover of funds for county professional staff development councils

2519. Continuing the department of health and human resources and the division of human services

2524. Expanding the definition of "practice of podiatry"

*2535. Claims against the state and its agencies

*2539. Establishing the West Virginia Route 2 and Interstate 68 Authority

2546. Relating to the West Virginia Steel Advisory Commission and the West Virginia Steel Futures Program

2563. Supplemental appropriation to the Division of Human Services, Social Services

2564. Supplemental appropriationto the Department of Adminstration, Public Defender Services

*2566. Revising the grandfather clause for respiratory care licensure

2577. Extending the time for the city of Nutter Fort to meet as a levying body for the purpose of submitting to voters consideration of an excess levy for the fire department

*2590. Defining certain residential real property for assessment purposes

*2595. Relating generally to simulcasting of horse and dog races and pari-mutuel wagering on simulcast races

*2598. Providing specialized licensed plates for certain military organizations and providing a special nongame wildlife license plate

2603. Supplemental appropriation to the Secretary of State

*2609. Creating a massage therapy licensing board

*2619. Clarification of application Of the freeport warehouse exemption against ad valorem property tax

2629. Allowing employees to choose whether to have time lost as a volunteer fireman subtracted from regular pay or vacation days

2633. Consideration of an excess levy for park and recreational facilities in Philippi

2637. Insurance benefits for county board of education employees who jobshare

2653. Distribution of oil, gas and coal severance taxes to counties and municipalities

*2667. Broadening the availability and continuity of health insurance coverage and implementing certain federal requirements

*2671. Relating generally to the secretary of state

2680. Creation of committees to oversee matters related to juvenile law, placement, housing, detention and facilities

2681. Terminating the oil and gas conservation commission and transferring duties

2686. Authorizing circuit clerks to affix their signatures on absentee ballots by facimile

*2688. Creating a chief technology officer within the offce of the governor

*2697. Prohibiting discrimination against students and graduates of private institutions of higher education participating in job training and employment opportunities

2707. Making uniform the season in which dogs can be trained for hunting and tracking wild animals

*2712. Creating a drinking water state revolving fund program

2715. Removing from the PSC economic regulation jurisdiction over motor vehicles preempted by federal statute

2727. Establishing the Mercer County Governmental Council

2741. Relating to restricted adminstration of medications by unlicensed personnel in certain facilities

2744. Promulgation of adminstrative rules by executive and adminstrative agencies and making technical corrections to legistive rules

*2756. Updating the state's sex offender registry

2766. Placing the board of respiratory practitioners under sunset review

2767. Continuing the tourism commission

2776. Licensure for hospitals, nursing homes, personal care homes and residential board and care homes

2786. Providing a fee waiver for students in health science and technology academy programs

*2793. Changing to five years the statute of limitation of any lien on the conveyance of real estate, trust deeds or mortgages on real estate

*2795. Procedural rights of police officers and firearm subject to investigation, interrogation and discipline

2821. Clarifying purposes of the Underwood-Smith Teacher Scholarship Program

2828. Marshall University authorization to sell certain property and use of net proceeds

*2842. Updating securities statutes

*2847. Changing a second offense of battery upon a police officer from a misdemeanor to a felony

2854. Establishing the Little Kanawha River Parkway Authority

2866. Procedures relating to faculty senate recommendations and duti es of teachers and personnel on days of faculty senate meetings

2867. Continuing the parks section and functions of the division of natural resources

2868. Supplemental appropriation to the Division of Culture and History, fairs and festivals

2869. Supplemental appropriation of federal funds to the Division of Health, Preventive Health Block Grant

*2870. Tax credit for new wood manufacturing operations

2873. Decriminalizing status offenses for juveniles

2875. Continuing public defender services

2876. Continuing the state rail authority

2877. Continuing the educational broadcasting authority

2881. Changing ten-nination dates for agencies and relating to changes in the sunset law

2885. Early intervention services for children with developmental delays

2886. Relating to the natural resources commission

2890. Creating a diesel equipment commission

2893. Relating to priority of legislative business for members and designated employees of the Legislature

2898. Supplemental appropriation to the Human Rights Commisson, automated management information system

2899. Supplemental appropriation to the Division of Health, central office, computer equipment

2900. Supplemental appropriation to the Department of Military Affairs and Public Safety, Mountaineer Challenge Academy

2901. Supplemental appropriation of federal funds to the Fire Commission, energy conservation code seminars

2904. Supplemental appropriation of federal funds to the Division of Criminal Justice and Highway Safety

2907. Supplemental appropriation to the Division of General Services, capitol complex capital outlay

2910. Supplemental appropriation to the Division of Rehabilitation Services, Technoiogy-Related Assistance Revolving Loan Fund for Individuals with Disabilities

Senate Bills That Passed The Legislature

33. Relating to fire and casualty insurance proceeds

47. Relating to certficate of title for factory-build homes; penalties

*61. Relating to adoption proceedings

*67. Establishing West Virginia graduate college of Marshall University

70. Establishing prepaid college expense trust fund act

71. Relating to general rewrite and clarification of banking code

*74. Relating to special mobile equipment and mixed use equipment

77. Continuing division of culture and history

78. Continuing division of rehabilitation services

79. Continuing office of judges of workers' compensation system

80. Continuing authority of commissioner of bureau of employment programs

81. Continuing health care cost review authority

82. Continuing board of examiners in counseling

83. Continuing human rights commission

84. Continuing emergency medical services advisory council

85. Continuing board of investments

86. Continuing parkways, economic development and tourism authority

87. Continuing contractor licensing board

88. Continuing driver's licensing advisory board

89. Continuing purchasing division

90. Continuing commission for national and community service

91. Continuing division of corrections

92. Continuing lending and credit rate board

93. Repealing section relating to racetrack video lottery act

100. Relating generally to guardianship conservator appoitment process

*105. Relating to notification to victim of parole hearing or release date

*111. Relating to records retention methods

121. Allowing subcontractors certain time period to claim mechanics' liens

*125. Relating to adopting uniform unclaimed property act

*134. Creating criminal offense for death of child caused by neglect

*139. Pen-nitting certain reservations made by credit cards in state parks

*142. Allowing certain tax credit for coal mined by underground methods

150. Supplementing and transferring between existing appropriations from state road fund, division of highways

151. Supplementing existing appropriations from state road fund, division of highways

152. Making supplemental appropriations to state police

153. Making supplemental appropriation to board of examiners for speechlanguage pathology and audiology

154. Supplemental and transferring between existing appropriations to regional jail and correctional facility authority

*157. Authorizing various agencies within division of tax and revenue to promulgate legislative rules

*192. Authorizing bureau of commerce to promulgate legislative rules

*195. Authorizing department of transportation to promulgate legislative rules

*209. Authorizing miscellaneous agencies and board to promulgate legislative rules

231. Expiring funds from revenue shortfall reserve fund; supplemental appropriation to civil contingent fund - flood relief.

244. Supplementing and transferring between existing appropriations from state road fund, division of motor vehicles

245. Making supplemental appropriation to governor's office

246. Making supplemental appropriation to department of adminstration

*256. Relating to sale of water, sewer or gas systems by public service districts

257. Authorizing tourism fund support of 1997 southern legislative conference

*266. Authorizing appointment of certain public service district board members

269. Updating certain tert-ns used in corporation net income tax act

*278. Establishing wireless enhanced 91 1 fee

279. Updating certain terms used in personal income tax act

280. Prohibiting conservation officers hiring out by private persons; penalties

*284. Finding and declaring certain claims against state

291. Authorizing municipalities to maintain ownership of toll bridges

292. Relating generally to parole board

293. Prohibiting party litigants from contracting with court reporters

299. Eliminating requirement that assesor note liens on landbooks

311. Finding and declaring certain claims against state

*317. Creating Senior Services Act of 1997

318. Amending certain provisions of Health Care Surrogate Act

319. Supplementing and transferring between existing appropriations, school building authority

324. Eliminating sales tax on items sold by certain county government agencies

331. Increasing fees for court transcripts

*332. Increasing lottery sales agent commissions

334. Providing appointed council reimbursement for transcript fees

335. Relating to furnishing transcripts to indigent persons

*339. Relating to providing funerals for indigent persons

348. Removing mental health centers from public employees retirement system

*349. Establishing new licensure category for residential care communities

350. Increasing salary of state tax

358. Increasing salary of secretary-clerk of family law masters

360. Providing additional magistrate for Nicholas county

*365. Relating to child support generally

367. Providing grants from development office to local and regional entitities

368. Reducing total tax credits to all companies authorized by economic development authority

371. Providing privileges and immunity for persons reporting insurance fraud

*372. Making certain changes in unemployment compensation law

376. Relating to motor vehicle dealer contracts

378. Relating to private lands being used for recreational purposes

379. Relating to funding of criminal investigations division

380. Lowering standard necessary for overturning law master's decision

395. Relating to public utilities tax imposed by municipalities

398. Making supplemental appropriation to treasurer's office

399. Making supplemental appropriation to division of motor vehicles

409. Creating Commercial Infectious Medical Waste Facility Siting Approval

*415. Prohibiting possession of tobacco products while in custody of regional jail and correctional facility authority

424. Relating to subrogation rights for medical expenses for injured state police officers

*427. Refocussing mission of center for professional development

430. Conforming works act and support enforcement law to federal requirements

454. Relating to industrial revenue bond allocation review committee

455. Relating to neighborhood investment program act

*458. Relating to health care cost review authority

464. Removing lodging requirements for issuance of liquor licenses to state parks

*470. Increasing state minimum wage to federal standard

503. Enacting technology-related assistance revolving loan fund for individuals with disabilities act

511. Increasing board of foresters annual license renewal fee

513. Creating Special Method for Appraising Qualified Capital Additions to Manufacturing Facilities

520. Relating to removal of existing abandoned coal process waste piles

*524. Relating to expanding prescriptive authority for optometrists

*532. Authorizing certain federal funds administered by school building authority

534. Requiring audit of certain membership organizations funded by counties or municipalities; penalty

535. Reporting certain information for construction projects financed by public funds or at public expense

536. Making supplemental appropriation to division of corrections - correctional units

537. Setting salary for secretary of such as retaining an expert witness or library commission

539. Making supplemental appropriation to division of human services - child support enforcement

540. Making supplemental appropriation to division of human services - medical ties and correctional centers are not services trust fund hospitals or mental health facilities

543. Supplementing and transferring funbds from tobacco company settlement to public employees insurance agency

553. Clarifying that regional jail facilities and correctional centers are not hospitals or mental health facilities.

555. Relating to professional limited funds from tobacco company settlement to liability companies public employees insurance agency

556. Making supplemental appropriation to department of agriculture

544. Relating to public employees retirement system

558. Increasing base pay and allowance

545. Relating to state police members for active national guard members who fail to return equipment and clothing

561. Establishing magistrate court rules upon termination as rules of procedure for municipal jury trial

548. Clarifying motor vehicles registration and licensing fees

563. Relating generally to state financial and investment procedures

549. Relating generally to promulgation of rules for motor boating

565. Expiring funds from joint expenses; making supplemental appropriation to governor's office - civil contingent fund

567. Making supplemental appropriation to schools for the deaf and blind

569. Making supplemental appropriation to department of agriculture

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CLE Calendar

Seminars Have Been Approved for MCLE Credit in WV. Please Contact the Sponsor For More Information at the Telephone Number Listed With Each Activity.

WVCLE, "Commercial Law." Morgantown, 304/293-7255, 9.40 credits, including 1.0 ethics, WVU v/s East Carolina

WVCLE, "Family Law," Morgantown, 304/293-7255,

WVU v/s East Carolina, 10.20 credits, including 1.0 ethics

Professional Education Systems, Inc., "Examining and Evaluating Title to Real Property in WV," Charleston, 715/836-9700, 6.90 credits

Simpson & Osbome, "Law Firm Technology Workshop 97," Charleston, 30-4/343-0168, 4.80 office management credits

NBI, "Advanced Workers' Compensation in WV," Charleston, 715/835-7909, 7.20 credits, including 1.0 ethics

American Society of CLU and CHFC, "How to Plan a Business Owner's Estate," Video Teleconference, 610/526-2500, 3.60 credits

Professional Development Network, "Adoption Law in "," Charleston, 414/798-5242, 6.60 credits, including 1.20 ethics

WVCLE, "Child Abuse and Neglect," Morgantown, 304/293-7255, 6.0 credits, including 1.0 ethics

NBI, "Domestic Law in V;V," Charleston, 715/835-7909, 7.20 credits, including 1.0 ethics

Professional Development Network, "School Law in WV," Charleston, 414/798-5242, 6.0 credits

WV Bar Association, "Legal Ethics Problems Facing the

Government Lawyer," Charleston, 304/346-5688, 3.0 ethics credits

NBI, "Bad Faith Litigation in WV," Charleston, 715/835-7909, 7.20 credits, including 1.0 ethics

WVCLE, "Update on the Law," Morgantown, 304/293-7255, WVU v/s Rutgers

WVCLE, "Criminal Law," Morgantown, 304/293-7255, WVU v/s Rutgers

NBI, "Winning Strategies for Jury Selection i Charleston, 715/835-7909, 7.20 credits, including 1.0 ethics

Professional Education Systems, Inc., "WV Federal Estate and Gift Tax Workshop," Morgantown, 715/836-9700, 8.0 credits

Professional Education Systems, Inc., "WV Federal Estate and Gift Tax Workshop," Charleston, 715/836-9700, 8.0 credits

WVCLE, "Child Abuse and Neglect," Charleston, 3 93-7255, 6.0 credits, including 1.0 ethics

WVCLE, "Evidence," Morgantown, 304/293-7255, WVU v/s Virginia Tech

Northwestern Mutual Life Insurance Company, "Advanced Planning Seminar-Business and Estate Planning," Morgantown, 414/271-1444, 14.40 credits

Truck Litigation Resource Center, Inc., "Truck Accident Litigation in a Nutshell," Charleston, 800/292-5855, 3.60 credits

Donnan Business Center, "Workers' Compensation," Charleston, 715/833-3940, 7.20 credits, including 1.20 ethics

WVCLE, "Insurance Law," Morgantown, 304/293-7255, WVU v/s Temple

WVCLE, "Real Estate," Morgantown, 304/293-7255, WVU v/s Temple

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INTERVIEWING CLIENTS: THE LEGAL ASSISTANT'S ROLE

by Claire Hudson

The legal assistant's primary function in the legal process is gathering facts and evidence. The gathering of facts begins with interviewing the client, and your legal assistant's participation in the initial interview of the client will be of lasting value. Since your legal assistant will have the most day-to-day contact with the client, a good rapport between can be established at the initial interview. If your client has become acquainted with your legal assistant during the initial interiew, he or she will be more comfortable providing information to your legal assistant as the case progresses.

The legal assistant can prepare a list of standard initial interview questions tailored to the type of case. The question list will insure that all of the pertinent information known by the client will be obtained at the beginning of the case. Your legal assistant will make detailed notes during the client interview. From that information, he or she can make a list of documents to be obtained, witnesses to be interviewed and other tasks that need to be handled, taking photographs of the scene. Your legal assistant can make sure that all intake documents, such as the fee contract, medical release forms, case information forms, etc. are completed.

Ultimately, you may become confident enough in your legal assistant to have him or her conduct the client interview, that is, after you have met the client and have accepted the case. The client interview then can take as much time as necessary to thoroughly explore the facts without the constraints of attorney time. Involving your legal assistant with the initial client interview will provide you with enumerable, lasting benefits throughout the course of the case.

Clair Hudson is the Regional Director of the Charleston Region of Legal Assistants of West Virginia.

Ms. Hudson has 10 years experience as a Legal Assistant and is employed by the law firm of Kesner, Kesner, & Bramble in Charleston, West Virginia.

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The Tinder Box

Tom Tinder

"Governors"

No, this is not an article about the political leaders of West Virginia who have served as governors of our State. However, it is interesting to me to review the sequence of gubernatorial races during the twenty five years that I have been admitted to practice law.

Initially, in 1972, Governor Arch Moore became the first governor to be elected to a second term in office by defeating Jay Rockefeller. Then, in 1976, Jay Rockefeller came back and defeated former Governor Cecil Underwood, who was attempting to win his second teri-n in office after having served from 1956-1960. After winning reelection to a second term as governor in 1980, Jay Rockfeller was elected to the U.S. Senate in 1984 - when Governor Arch Moore was re-elected to his third term in office. In 1988, Governor Gaston Caperton was elected to the first of his two terms in office by defeating Governor Moore. Finally, in 1996, Cecil Underwood returns to the Governor's Mansion, forty years after beginning his first term in office.

Enough of that stuff. I want to talk about the "Governors" of the West Virginia State Bar. During its fifty years of existence, the State Bar has been fortunate to have a long line of outstanding and illustrious lawyers who have served the organization and the legal system in the position of governor. The State Bar consists of sixteen separate districts containing from one to seven county in the State. The lawyers in those districts elect a representative to serve a three year term as their governor. Incidentally, because more than 35% of West Virginia's lawyers are in Kanawha County, there are three additional governors elected from that district. In addition, the Board of Governors also includes an African-American lawyer representative, the Chairperson of the Young Lawyers Section and the three State Bar officers (President, President-Elect and Vice-President), for a total of twentyfour voting members.

The governors are a diverse group of lawyers from a geographical perspective (all parts of the State), law practice (from sole practitioners to large law firms to prosecuting attorneys to plaintiffs lawyers to defense lawyers, etc.), and philosophies (all parts of the spectrum).

A governor serves a three year term although some have served their term and then been re-elected to the Board after being off that body for at least a three year period. At the end of their three year term, a governorcan decide to put his or her name in nomination to be elected by the Board to progress through the officers' chairs to the President' position - another three year time commitment.

The governors represent their constituents by the quarterly board meetings, being appointed to special committees and by receiving input from the lawyer,, in their district. As the policy making body for the State Bar, the Board of Governors takes action on a wide variety of topics affecting the legal profession and the legal system in West Virginia.

Each year, the four Board of Governors meetings are held in all parts ol'the State. After traveling during the day, the Board tylembers begin each tiieeting on Friday afternoon, which lasts for a few hours. Then, the Board meeting continues early on Saturday morning and lasts until the middle of the afternoon. Numerous reports are given, debate occurs and decisions are made.

In order to give you soi-ne background on the type of lawyers who serve on the Board of Governors, here is a thumb-nail sketch of the individuals who began their three year terms at the 1997 Annual Meeting.

Kitty Dooley - Bluefield (African-American Lawyer Representative)

Kitty hindles personal injury legal work in a two person law firm in Bluefield. Her varied legal career includes time as an Assistant Attorney General, and in a large law firm in Charleston.

Jodie Boyien - Parkersburg (Young Lawyers Section Chairperson)

Jodie is an Assistant Prosecuting Attorney for Wood County in Parkersburg. She is recognized as an expert in prosecuting child abuse and neglect cases.

Steve Davis - Summersville (District I I Fayette, (Greenbrier & Nicholas)

Steve is a member of a four person law firm and does his legal work in the areas of health care, commercial and small business law. During the summer, he loves to take his boat out on Summersville Lake.

Jamie Fox - Elkins (District 12 - Braxton, Pendleton, Pocahontas, Randolph, Upshur & Webster)

Jamie does primarily criminal defense work in a four person law firm. His wife, Michelle is also an active practicing attorney.

Lewis Clark - Clarksburg (District 13 - Doddridge, Harrison & Lewis)

Lewis is a member ol'a seven person law firm and concentrate.,, his legal work in probate, business and commercial law. He and his wife Susan are proud parents of a new baby boy.

Mike Aloi - Fairmont (District 14 - Marion & Monongalia)

Mike does primarily personal injury and domestic rel@itions work in a two person law firm in Fairmont. He is also one of the le@iders in the utilization of alternate dispute resolution techniques in our state.

David Brown - Kingwood (District 15 - Harbour, Preston, Tavior & Tucker)

David was a sole practitioner for more than teti years before becoming a i-neinber of a four person law firm in Kingwood several years ago. His practice focuses on real estate, estate @ind juvenile work. David is heavily involved in the second largest fair and festival in West Virginia - the Buckwhe@it Festiv@il held in Kingwood each f@ill.

Lucien Lewin - Martinsburg (District 16 - Berkeley, (,rant, Hampshire, Hardy,,Iefferson, Mineral & Morgan)

Lucien does mainly defense litigation work in the Martinsbur,, office of one of the largest law firms in the State. He has served oil the Board of Governors in the past and is returning for a second three year term.

Phil Lacaria - Welch (District 6 - McDowell & Mingo)

Phil is a sole practitioner in Welch, where he practices in the zire@is of personal injury and workers compensation. Phil h@is been appointed to complete the remainder of the term originally held by Joe Colosi, who recently resigned his position @is a Board member-.

By the way, the next time that you receive a Nominating Petition for election to the Board of Governors, why not get the necessary signatures on it and run for the office. As any past or present member of the Board will tell you, it is an outstanding opportunity to make a contribution to the legal profession in West Virginia, as well @is &,citing to know and work with wonderful lawyers from all parts of the State.

The State Bar wants you as a Governor!

If you ever have a question, comment or suggestion about the State Bar and its activities, please contact me by letter, by telephone (304) 558-7993 on the TechNet Svstem (tindert), or bv Internet tindert@technet.wvbar.org

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