Bar Blast – May 16, 2017

May 16, 2017
 Thank you to the Sponsors of the 2017 

West Virginia State Bar Annual Gathering
  
 
       
Quick Links
In State
CLE Calendar


Mobile App   
Download Now
Social Media

Like us on Facebook Follow us on Twitter

News

Updated Contact Information

All State Bar Members are asked to login to the “Membership Portal” to verify their contact information, add their employer name and update their password from 8 to 12 characters.
Remember that, beginning April 1, the State Bar will require anyone calling in to access or change information in the State Bar’s database to have the member’s date of birth and employer name.  If the member is a sole practitioner, the employer name will be the member’s name.
Please go to https://www.mywvbar.org/members/profile and login to confirm your information before June 1, 2017

. If your employer name is not available on the drop down menu, please contact Cheryl at cheryl@wvbar.org.

Vacancy Announcement 
Clerk of Court – U.S. District Court
The U.S. District Court for the Southern District of WV is seeking qualified applicants with expertise as a high level executive to serve as the Clerk of Court, the administrator of a complex, diverse, and innovative organization. This position, working under the Chief U.S. District Judge, has overall management authority and responsibility for the administrative activities of the Clerk’s Office and oversees the performance of the statutory duties of the office. The position requires an individual who possesses the experience, management skills, and technical expertise necessary to anticipate and resolve complex administrative, operational, budgetary, and information technology challenges quickly and efficiently. Exceptional communication and interpersonal skills are required, along with a proven record of leadership and accomplishment. A vacancy announcement detailing the representative duties, qualifications, application process, and benefits may be viewed by visiting our website at www.wvsd.uscourts.gov. Priority consideration is given to those who apply by 5:00pm (EST) May 31, 2017.
The U.S. District Court is an equal opportunity employer and values diversity in the work place.
Public Comment

Approved Amendments to Rules 21.04 and 21.05 of the West Virginia Trial Court Rules and Rule 47 of the Rules of Practice and Procedure for Family Courts

By order entered on April 25, 2017, the Court approved amendments to Rules 21.04 and 21.05 of the West Virginia Trial Court Rules and Rule 47 of the Rules of Practice and Procedure for Family Courts, as well as amendments to Appendix B Guidelines for Guardians Ad Litem in Family Court.
Click Here for the Order

Upcoming Events

May 18, 2017
Finance and Estate Planning Seminar 
Host: WV Bankers Association, WV Society of CPAs, The WV State Bar Probate Law Committee
Location: Edgewood County Club – Charleston, WV

May 19, 2017
Mountain State Bar Association Annual Seminar
Sponsor: Mountain State Bar Association Annual Seminar
CLE: 6.0 Credit Hours including 1.0 Ethics/Office Management
Location:  Tamarack – Beckley, WV
Questions? Contact Cheryl Henderson 304-523-5732

May 19-21, 2017
Lawyer Leadership Institute
Sponsor: WV Bar Foundation
Location:  Stonewall Jackson Resort
About: The Institute is a weekend session to provide newer lawyers with specific education and professional training that will enable them to become leaders in the legal profession, in their communities and in the State.
Questions? Contact Tom Tinder at tom@wvbarfoundation.org

June 1-2, 2017
59th Annual Convention and Seminar
Sponsor: West Virginia Association for Justice
CLE: 14.6 Credit Hours, including 3.6 in ethics and law office management
Location:  Embassy Suites Hotel – Charleston

June 14-16, 2017
Defense Trial Counsel of West Virginia – 35th Annual Meeting
Sponsor: Defense Trial Counsel of West Virginia
CLE: 12.30 including 9.90 Ethics
Location: The Resort at Glade Springs

June 15-16, 2017 – SAVE THE DATE!
2017 Public Defender Services Indigent Defense Annual Conference
Sponsor: Public Defender Services
CLE: 18.6 Credit Hours
Location: Stonewall Resort

June 28, 2017
The Roadmap to Sucessful Mediation: Effective Communication at Every Turn – An Advanced Mediation Training
Sponsor: The West Virginia State Bar ADR Committee
CLE: 7.5 General Credits
Location: 

Bridgeport Conference Center


The State Bar has secured a government room rate with the Wingate Hotel on June 27th using code: CGSBAR
For further information please email  monicahaddad@comcast.net

July 10-11 & 17-18, 2017
Annual, Free Cross-Training Conferences on Child Abuse/Neglect and Juvenile Law
Sponsor: The West Virginia Court Improvement Program (CIP)
CLE: 16.0 General Credits
Location: July 10-11, 2017, Lakeview Resort, Morgantown
July 17-18, 2017 Charleston Civic Center, Charleston

October 3-26, 2017 – SAVE THE DATE!
2017 State Bar Regional Meetings
Sponsor: The West Virginia State Bar
Dates & Locations:
October 3 – University of Charleston – Charleston
October 4 – Guyan Country Club – Huntington
October 5 – The Blennerhassett – Parkersburg
October 10 – Tamarack – Beckley
October 11 – McFarland House – Martinsburg
October 12 – South Branch Inn – Moorefield
October 13 – Giovanni’s – Chapmanville
October 24 – Oliverio’s Restorante – Bridgeport
October 25 – Lakeview Resort – Morgantown
October 26 – Oglebay Resort – Wheeling

Google E-Sign & Google Drive

Suspicious emails have been going out to the general public saying you need to click on a link to “e-sign” a document through google or access a shared document. These emails claim to be relating to a document saved within Google Drive or E-Sign but are actually fraudulent phishing email links.

Below is an example of the fraudulent email.

Bar Blast – May 9, 2017

May 9, 2017
 Thank you to the Sponsors of the 2017 

West Virginia State Bar Annual Gathering
  
 
       
Quick Links
In State
CLE Calendar


Mobile App   
Download Now
Social Media

Like us on Facebook Follow us on Twitter

News

Updated Contact Information

All State Bar Members are asked to login to the “Membership Portal” to verify their contact information, add their employer name and update their password from 8 to 12 characters.
Remember that, beginning April 1, the State Bar will require anyone calling in to access or change information in the State Bar’s database to have the member’s date of birth and employer name.  If the member is a sole practitioner, the employer name will be the member’s name.
Please go to https://www.mywvbar.org/members/profile and login to confirm your information before June 1, 2017

. If your employer name is not available on the drop down menu, please contact Cheryl at cheryl@wvbar.org.

Vacancy Announcement 
Clerk of Court – U.S. District Court
The U.S. District Court for the Southern District of WV is seeking qualified applicants with expertise as a high level executive to serve as the Clerk of Court, the administrator of a complex, diverse, and innovative organization. This position, working under the Chief U.S. District Judge, has overall management authority and responsibility for the administrative activities of the Clerk’s Office and oversees the performance of the statutory duties of the office. The position requires an individual who possesses the experience, management skills, and technical expertise necessary to anticipate and resolve complex administrative, operational, budgetary, and information technology challenges quickly and efficiently. Exceptional communication and interpersonal skills are required, along with a proven record of leadership and accomplishment. A vacancy announcement detailing the representative duties, qualifications, application process, and benefits may be viewed by visiting our website at www.wvsd.uscourts.gov. Priority consideration is given to those who apply by 5:00pm (EST) May 31, 2017.
The U.S. District Court is an equal opportunity employer and values diversity in the work place.
Public Comment

Approved Amendments to Rules 21.04 and 21.05 of the West Virginia Trial Court Rules and Rule 47 of the Rules of Practice and Procedure for Family Courts

By order entered on April 25, 2017, the Court approved amendments to Rules 21.04 and 21.05 of the West Virginia Trial Court Rules and Rule 47 of the Rules of Practice and Procedure for Family Courts, as well as amendments to Appendix B Guidelines for Guardians Ad Litem in Family Court.
Click Here for the Order

Revisions to Rules of Professional Conduct, Rule 6 of the Rules of Judicial Disciplinary Procedure, and the Rules of the Lawyer and Judicial Assistance Program

On April 10, 2017, the Court approved a thirty-day comment period for revisions to Rule 8.3 of the Rules of Professional Conduct, Rule 6 of the Rules of Judicial Disciplinary Procedure, and the Rules of the Lawyer and Judicial Assistance Program. Comments must be filed in the Clerk’s Office on or before May 11, 2017.
Click Here for the Order

Revision to Rule 7 of the Administrative Rules for Magistrate Court
On April 10, 2017, the Court approved a thirty-day comment period for a revision to Rule 7 of the Administrative Rules for Magistrate Court, in light of West Virginia Code § 17B-7-1 et seq., which creates a “Second Chance Driver’s License Program” that allows certain individuals to satisfy their obligations to pay court costs and fees by making a partial payment. Comments must be filed in the Clerk’s Office on or before May 11, 2017. 
Upcoming Events

May 18, 2017
Finance and Estate Planning Seminar 
Host: WV Bankers Association, WV Society of CPAs, The WV State Bar Probate Law Committee
Location: Edgewood County Club – Charleston, WV

May 19, 2017
Mountain State Bar Association Annual Seminar
Sponsor: Mountain State Bar Association Annual Seminar
CLE: 6.0 Credit Hours including 1.0 Ethics/Office Management
Location:  Tamarack – Beckley, WV
Questions? Contact Cheryl Henderson 304-523-5732

May 19-21, 2017
Lawyer Leadership Institute
Sponsor: WV Bar Foundation
Location:  Stonewall Jackson Resort
About: The Institute is a weekend session to provide newer lawyers with specific education and professional training that will enable them to become leaders in the legal profession, in their communities and in the State.
Questions? Contact Tom Tinder at tom@wvbarfoundation.org

June 1-2, 2017
59th Annual Convention and Seminar
Sponsor: West Virginia Association for Justice
CLE: 14.6 Credit Hours, including 3.6 in ethics and law office management
Location:  Embassy Suites Hotel – Charleston

June 14-16, 2017
Defense Trial Counsel of West Virginia – 35th Annual Meeting
Sponsor: Defense Trial Counsel of West Virginia
CLE: 12.30 including 9.90 Ethics
Location: The Resort at Glade Springs

June 15-16, 2017 – SAVE THE DATE!
2017 Public Defender Services Indigent Defense Annual Conference
Sponsor: Public Defender Services
CLE: 18.6 Credit Hours
Location: Stonewall Resort

June 28, 2017
The Roadmap to Sucessful Mediation: Effective Communication at Every Turn – An Advanced Mediation Training
Sponsor: The West Virginia State Bar ADR Committee
CLE: 7.5 General Credits
Location: 

Bridgeport Conference Center


The State Bar has secured a government room rate with the Wingate Hotel on June 27th using code: CGSBAR
For further information please email  monicahaddad@comcast.net

July 10-11 & 17-18, 2017
Annual, Free Cross-Training Conferences on Child Abuse/Neglect and Juvenile Law
Sponsor: The West Virginia Court Improvement Program (CIP)
CLE: 8.0 General Credits
Location: July 10-11, 2017, Lakeview Resort, Morgantown
July 17-18, 2017 Charleston Civic Center, Charleston

October 3-26, 2017 – SAVE THE DATE!
2017 State Bar Regional Meetings
Sponsor: The West Virginia State Bar
Dates & Locations:
October 3 – University of Charleston – Charleston
October 4 – Guyan Country Club – Huntington
October 5 – The Blennerhassett – Parkersburg
October 10 – Tamarack – Beckley
October 11 – McFarland House – Martinsburg
October 12 – South Branch Inn – Moorefield
October 13 – Giovanni’s – Chapmanville
October 24 – Oliverio’s Restorante – Bridgeport
October 25 – Lakeview Resort – Morgantown
October 26 – Oglebay Resort – Wheeling

The Importance of Law Day and the 14th Amendment

The Importance of Law Day and the 14th Amendment

Lawyers, let’s share our passion for constitutional democracy

By Linda A. Klein
President, American Bar Association

Here are four legal puzzlers:

  • An African American student wants to attend the same school as white children. Can she?
  • A man is charged with burglary, but he can’t afford a lawyer. Should the state give him one for free?
  • Two men pass a worthless check and are convicted of misdemeanors. Can the state take away their right to vote because of those convictions?
  • Can states outlaw interracial marriage?

The answers are obvious – now. But that’s only because we have the 14th Amendment to the United States Constitution and nearly 150 years of Supreme Court rulings interpreting it.

Most Americans have no idea what the 14th Amendment is or how it affects their lives. But we do. And our job as lawyers is to defend individuals’ rights under the Constitution and to explain that great document to the public.

That’s the idea behind Law Day. Every year on May 1, lawyers across the country engage their communities and rally behind the rule of law. This year, the theme of Law Day was The 14th Amendment: Transforming American Democracy – one of the most-litigated but least-known of all the constitutional amendments. And while Law Day itself has passed, it’s never too late to celebrate and teach the principles that sustain our nation.

For more than a century, the 14th Amendment has been the legal basis for many major Supreme Court decisions, including those that desegregated schools (Brown v. Board of Education) and ensured counsel for criminal defendants (Gideon v. Wainwright).

The first section of the 14th Amendment – the part that’s most often litigated – states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

“The reason we have the 14th Amendment,” said former U.S. Solicitor General Ted Olson, “is to provide the courts with the opportunity to override the will of the people when the will of the people discriminates against a segment of our society.”

This year, lawyers, judges and teachers across the country engaged students, elected officials and community leaders in Law Day discussions of the amendment’s significance.

Law Day is celebrated in many ways. In Idaho, students created podcasts. In Boston, lawyers visited classrooms. In Texas and North Carolina, students wrote editorials, snapped photos and created posters.

And in Washington, D.C., the American Bar Association sponsored two special events. On May 1, a scholarly panel, led by Jeffrey Rosen, president of the National Constitution Center, debated the 14th Amendment’s role in transforming American democracy. The next day, 150 high school students from around the country discussed the ideas of equal protection, due process and liberty under the 14th Amendment. I helped lead the discussion.

Law Day dates back to the heart of the Cold War, nearly 60 years ago. In 1957, ABA President Charles S. Rhyne watched reports of the Soviet Union’s annual May Day celebration in Moscow’s Red Square, with its massive displays of military might. He thought that what made America great was its fidelity to the rule of law, not military power.

Rhyne asked President Dwight Eisenhower to issue the first Law Day proclamation, declaring that “guaranteed fundamental rights of individuals under the law is the heart and sinew of our Nation.” It has been a presidential tradition ever since.

Today, it often seems that we are a nation divided, but there is one thing that Republicans, Democrats and Independents agree on: The American rule of law is the envy of billions around the world.

So let’s celebrate and spread the word. The U.S. Constitution is America’s greatest creation. It is worth defending and teaching – on Law Day and every day.

Bar Blast – April 25, 2017

April 25, 2017
Quick Links
In State
CLE Calendar


Mobile App   
Download Now
Social Media

Like us on Facebook Follow us on Twitter

News

State Bar Veterans & Military Affairs Committee 
The State Bar Veterans and Military Affairs Committee would like to promote a service to veterans provided by Legal Aid of West Virginia. Attached is a brochure providing significant information. Legal Aid for Veterans can be contacted at 1-866-4370.

Vacancy Announcement 
Clerk of Court – U.S. District Court
The U.S. District Court for the Southern District of WV is seeking qualified applicants with expertise as a high level executive to serve as the Clerk of Court, the administrator of a complex, diverse, and innovative organization. This position, working under the Chief U.S. District Judge, has overall management authority and responsibility for the administrative activities of the Clerk’s Office and oversees the performance of the statutory duties of the office. The position requires an individual who possesses the experience, management skills, and technical expertise necessary to anticipate and resolve complex administrative, operational, budgetary, and information technology challenges quickly and efficiently. Exceptional communication and interpersonal skills are required, along with a proven record of leadership and accomplishment. A vacancy announcement detailing the representative duties, qualifications, application process, and benefits may be viewed by visiting our website at www.wvsd.uscourts.gov. Priority consideration is given to those who apply by 5:00pm (EST) May 31, 2017.
The U.S. District Court is an equal opportunity employer and values diversity in the work place.

Lawyer Leadership Institute
     The 6th Lawyer Leadership Institute, sponsored by Antero Resources Corporation, is set for May 19-21, 2017, at
Stonewall Resort near Weston.
     The Institute is a weekend session to provide newer lawyers with specific education and professional training that will enable them to become leaders in the legal profession, in their communities and in the State. The program consists of expert presentations on service skills, leadership traits, professionalism and civil discourse through participation in interactive sessions, networking opportunities and interpersonal relationship building in an informal learning atmosphere.
      Registration is on a first come-first served basis.
      The cost remains at $499 per person which includes two nights lodging at Stonewall Resort, five meals, and all materials, as well as application will be made for twelve hours of continuing legal education credits, with at least three hours of legal ethics credits.
      Please contact Tom  Tinder to make your reservations—(304)-343-9823, tom@wvbarfoundation.org or WV Bar Foundation, P. O. Box 4845, Charleston, WV 25364.
Public Comment

Revisions to Rules of Professional Conduct, Rule 6 of the Rules of Judicial Disciplinary Procedure, and the Rules of the Lawyer and Judicial Assistance Program

On April 10, 2017, the Court approved a thirty-day comment period for revisions to Rule 8.3 of the Rules of Professional Conduct, Rule 6 of the Rules of Judicial Disciplinary Procedure, and the Rules of the Lawyer and Judicial Assistance Program. Comments must be filed in the Clerk’s Office on or before May 11, 2017.
Click Here for the Order

Revision to Rule 7 of the Administrative Rules for Magistrate Court
On April 10, 2017, the Court approved a thirty-day comment period for a revision to Rule 7 of the Administrative Rules for Magistrate Court, in light of West Virginia Code § 17B-7-1 et seq., which creates a “Second Chance Driver’s License Program” that allows certain individuals to satisfy their obligations to pay court costs and fees by making a partial payment. Comments must be filed in the Clerk’s Office on or before May 11, 2017. 
Upcoming Events

April 26, 2017
Family Law CLE – National Speakers to Present!
Sponsor: The Kanawha County Family Law Bench Bar Committee
Location: Edgewood Country Club – Charleston, WV

May 6, 2017
WVBA Real Estate and Business Law Spring Conference
Host:  The West Virginia Bar Association
Location: Glade Springs – Daniels, WV
CLE: 7 Credit Hours, including 1 hour ethics

May 9, 2017 – 9:00a.m. & 1:30p.m.
Court’s Case Management Electronic Filing System 
(CM/ECF) Training – Martinsburg
Host:  United States District Court for the Northern District of West Virginia
Location: Martinsburg, WV
About: Attorneys and/or staff may attend one class. Attorneys completing the 2 1/2 hour class will earn 3 CLE credits for office management. There is no charge for the classes. Reservations are required, as there is a limit of 12 students per class.

Friday, May 5th, is the last day to make a reservation. Interested parties please contact: Connie Diamond via email –
connie_diamond@wvnd.uscourts.gov

May 18, 2017
Finance and Estate Planning Seminar 
Host: WV Bankers Association, WV Society of CPAs, The WV State Bar Probate Law Committee
Location: Edgewood County Club – Charleston, WV

May 19, 2017
Mountain State Bar Association Annual Seminar
Sponsor: Mountain State Bar Association Annual Seminar
CLE: 6.0 Credit Hours including 1.0 Ethics/Office Management
Location:  Tamarack – Beckley, WV
Questions? Contact Cheryl Henderson 304-523-5732

June 1-2, 2017
59th Annual Convention and Seminar
Sponsor: West Virginia Association for Justice
CLE: 14.6 Credit Hours, including 3.6 in ethics and law office management
Location:  Embassy Suites Hotel – Charleston

June 14-16, 2017
Defense Trial Counsel of West Virginia – 35th Annual Meeting
Sponsor: Defense Trial Counsel of West Virginia
CLE: 12.30 including 9.90 Ethics
Location: The Resort at Glade Springs

June 15-16, 2017 – SAVE THE DATE!
2017 Public Defender Services Indigent Defense Annual Conference
Sponsor: Public Defender Services
CLE: 18.6 Credit Hours
Location: Stonewall Resort

June 28, 2017
The Roadmap to Sucessful Mediation: Effective Communication at Every Turn – An Advanced Mediation Training
Sponsor: The West Virginia State Bar ADR Committee
CLE: 7.5 General Credits
Location: 

Bridgeport Conference Center


The State Bar has secured a government room rate with the Wingate Hotel on June 27th using code: CGSBAR
For further information please email  monicahaddad@comcast.net

October 3-26, 2017 – SAVE THE DATE!
2017 State Bar Regional Meetings
Sponsor: The West Virginia State Bar
Dates & Locations:
October 3 – University of Charleston – Charleston
October 4 – Guyan Country Club – Huntington
October 5 – The Blennerhassett – Parkersburg
October 10 – Tamarack – Beckley
October 11 – McFarland House – Martinsburg
October 12 – South Branch Inn – Moorefield
October 13 – Giovanni’s – Chapmanville
October 24 – Oliverio’s Restorante – Bridgeport
October 25 – Lakeview Resort – Morgantown
October 26 – Oglebay Resort – Wheeling