BAR BLAST_2012-07-31

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JULY 1, 2012 – JUNE 30, 2013 MEMBERSHIP DUES CHANGES

If you have already signed up to submit your FRD, IOLTA and Payment online here and have not received any response please click here for a document that will show you where to go and submit your information. If you have not received an email with a first time link fromsupport@wvbar.org then you will need to contact Mike Mellace atMellacem@wvbar.org.

 

Your membership dues for fiscal year 2012-2013, and your Financial Responsibility Disclosure and IOLTA reporting requirements, can now be completed on line. All dues payments and submissions (Paper and online form) must be completed no later than September 1, 2012

CRIMINAL COUNSEL ADVISORY OPINION

The West Virginia State Bar’s Unlawful Practice of Law Committee has issued an Advisory Opinion addressing the duties and responsibilities of counsel retained or appointed to represent a criminal defendant.  For a full text of Advisory Opinion 2012-001 click here.

MCLE REMINDER

The 2010-2012 reporting period ended on June 30, 2012. The filing deadline is July 31, 2012. If necessary, you may take courses in the month of July 2012 and carry the credits back to meet the 2010-2012 requirement without any penalty. Courses carried back may NOT be split between two different reporting periods. You may carry over six excess general credits earned to the 2012-2014 reporting period. You may check your credits online and file approved activities completed using the State Bar’s website if you have an e-mail on file with the State Bar office. To access your records, go to www.wvbar.org, click on MCLE, then click Member Login.  If you have not used the new online submission program, you will need to go to the Password Reset Feature, enter your e-mail as on file with the State Bar, and click reset password.  You will then receive an e-mail with a link to create your password.  The password must be created within one hour.  You may then review your credits and submit credits online.  You may access the reporting period, the requirements, and forms by double-clicking MCLE on the website.  If you have questions, contact Hope Gresham atgreshamh@wvbar.org.

LAWYER DISCIPLINARY BOARD REQUEST FOR COMMENTS: SETTLEMENT AGREEMENT COMMITTEE
The Lawyer Disciplinary Board has received a request for an opinion concerning the “indemnify and hold harmless” language contained in settlement agreements. The Committee has drafted an L.E.O. to address this issue, and is soliciting public comments thereon. Click here for a copy of the L.E.O. Please submit your written comments to the Settlement Agreement Committee, c/o Office of Disciplinary Counsel, 4700 MacCorkle Avenue SE, Suite 1200C, Charleston, WV 25304. Deadline for submissions: October 12, 2012.

COMMENTS REQUESTED ON DOMESTIC VIOLENCE CIVIL PROCEEDINGS RULES  

The Court is requesting comments on the Proposed Amendments to the Rules of Practice and Procedure for Domestic Violence Civil Proceedings, Rules 4 and 11. The contact person is the Deputy Clerk, Edythe Nash Gaiser, her contact information is as follows:  phone no. 304-558-2601 and email address:  Edythe.Nash@courtswv.gov

Upcoming Events

AUGUST 31 & SEPTEMBER 1, 2012 COAL LAW SEMINAR

WVCLE, sponsored by The West Virginia State Bar and the WVU College of Law, will present the “Coal Law” seminar on August 31 & September 1, 2012, at the WVU College of Law in Morgantown, West Virginia.  Speakers include:  Jeffrey K. Phillips, Professor Patrick C. McGinley, Benjamin L. Bailey, Joseph L. Jenkins, Robert G. McLusky, P. Nathan Bowles, Jr., William D. Wilmoth, Paul E. Frampton, and David J. Laurent.  This seminar is accredited for 9.5 WV MCLE credits.  The seminar begins at 10:00 a.m. on Friday morning and adjourns at 11:00 a.m. Saturday morning.  The Lakeview Golf Resort & Spa (304-594-1111) has rooms available for Friday night only at a rate of $199 per night, without tax.  Mention “WVCLE” to reserve a room in our block at this rate.  If you would like to register for this seminar or for more information, please CLICK HERE or call (304) 293-7255.

SEPTEMBER 1, 2012 – WVCLE ETHICS SEMINAR – SPACE AND TICKETS AVAILABLE!

WVCLE, sponsored by The West Virginia State Bar and the WVU College of Law, will present the “Ethics” seminar on September 1, 2012, at the WVU College of Law in Morgantown, West Virginia.  Speakers include:  Robert H. Davis and Lonnie C. Simmons.  Our experts will address the following topics:  Ethics and Malpractice Compliant Avoidance and 50 Shades of Grey:  Murky Ethical Issues Faced by Lawyers on a Daily Basis.  This seminar is accredited for 3.0 WV MCLE credits, including 3.0 Ethics credits.  The seminar begins at 8:30 a.m. on Saturday morning and adjourns at 11:00 a.m.  The Lakeview Golf Resort & Spa (304-594-1111) has rooms available for Friday night only at a rate of $199 per night, tax not included. Mention “WVCLE” to reserve a room in our block at this rate.   If you would like to register for this seminar or for more information, please CLICK HEREor call (304) 293-7255.

OCTOBER 23, 2012 – TRI-STATE TAX INSTITUTE
The 55th annual tax seminar sponsored by the Tri-State Tax Institute and Wheeling Jesuit University will be held on October 23, 2012 on the campus of Wheeling Jesuit University in Wheeling.  Our featured presentation this year is Jeffrey Wright, tax leader in the oil and gas industry practice of Deloitte & Touche’s Houston, Texas office, speaking on Oil and Gas Tax Considerations from the Landowner’s Perspective.  Other topics include Creative Charitable Planning with Non-Cash Assets, Economic Update, Ethics, and Income Tax Legislation Update. For additional information on the program and to register click here. If you have questions, contact Cathy Rector at Wheeling Jesuit University at rector@wju.edu. You may also contact Robert J. Krall, Esq., Chairman of the Institute at rkrall@hmhy.com or 304-242-2300.  CLE credits are approved for West Virginia, Ohio and Pennsylvania, including an hour of ethics credit.

SAVE THE DATE

Court-Approved GAL Training-Trainings for guardians ad litem (GALs) in family court and child abuse/neglect cases will take place onNovember 14, 2012, at the Charleston Marriott and November 16, 2012, at the Waterfront Place Hotel in Morgantown.  Sponsored by the Supreme Court of Appeals of West Virginia, the trainings will meet the new guidelines for family court GALs under the Rules of Practice and Procedure for Family Court, as well as the new training requirement for child abuse/neglect GALs/children’s attorneys under W.Va. Code §49-6-2(a).  Registration information will be available this summer.