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Bar Blast -April 28, 2020

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April 28, 2020
2020 Annual Meeting
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COVID-19 Information 
COVID-19 PRACTICE SURVEY
The State Bar and West Virginia JLAP will be sending a five question survey to all Bar members this week.  The purpose of the survey is to request your assistance with developing plans and programs to help State Bar Members reopen their law practices post COVID-19.  Please provide your responses to the survey questions no later than 11:59 p.m. on Monday, May 4, 2020. Thank you for your cooperation.
FREE CLE WEBINARS ON COVID -19
APRIL 29 and May 6, 2020
WEBINAR 3:
April 29, 2020
10:00-11:00
1.0 CLE Credit Hours 
Business Interruption Coverage in the COVID-19 Era 
Speakers:  Lee Murray Hall, Esq.
Jenkins Fenstermaker, PLLC
and
Sarah A. Walling, Esq.
Jenkins Fenstermaker, PLLC
(Note:   The 10:00 to 11:00 segment of the Webinar will not be recorded and will not be available at a later date.)
 
Webinar 4 will immediately follow Webinar 3.  A separate log-in will not be required. 
 
WEBINAR 4:
April 29, 2020
11:00-12:00
1.0 CLE Credit Hours in Ethics
Leading by Example – Maintaining Ethics in a Time of Crisis 
Speaker:  Rachael L. Fletcher Cipoletti
Chief Lawyer Disciplinary Counsel
Office of Disciplinary Counsel 
 
CLICK HERE TO REGISTER for Webinar 3 and Webinar 4 
 
WEBINAR 5:
May 6, 2020
10:00-11:00 a.m.
1.0 CLE Credit Hours in Law Office Management
WV Courts Moving Forward:  A Conversation with the Supreme Court 
Speakers:  Chief Justice Tim Armstead
Justice John A. Hutchison
Supreme Court Clerk Edythe Nash Gaiser
Moderator:  Justice Elizabeth D. Walker
Judicial Emergency Extended to May 15, 2020
Legal Aid of WV COVID-19 Info & Services 
Legal Aid attorneys have been analyzing COVID-19 rules and legislation and have added a COVID-19 section to their existing online legal library. It offers resources and information on how the coronavirus is affecting law related to domestic violence, benefits, guardianship and more. It can be accessed for free by any member of the public. 
In addition, Legal Aid of WV (LAWV) is still open and taking cases while its staff works remotely, particularly emergency cases related to domestic violence, child abuse, immediate loss of housing or income, and other cases where personal safety is at risk. Those seeking help can reach LAWV through its intake hotline (866) 255-4370, M-F from 8:30 a.m. to 3:00 p.m., or via its online intake system at law.net, under the button “Apply for Help.”
Access to WV County Courthouses
Many West Virginia county courthouses have closed their doors to the public as a result of the COVID-19 pandemic.  Each county is dealing with issues and may allow access as needed for such things as performing record reviews, including title searches.  To assist with contacting county officials, the West Virginia Association of Counties has provided contact information for County Officials.  To view the contact information for each County’s Assessor, Circuit Clerk, Commission, County Clerk, Prosecutor, and Sheriff click here.
CLE Announcements
Supreme Court Extends CLE Reporting Period and Bridge the Gap Completion Dates
 
Due to ongoing CLE issues caused by the COVID-19 virus, the Supreme Court of Appeals of West Virginia has granted a request from the Mandatory Continuing Legal Education Commission for a one-year extension for completion of the Bridge the Gap program for certain attorneys and an extension of the CLE reporting period to September 30, 2020.  The reporting period normally would have ended on June 30, 2020.  Click here to view the full Court Order 
Bridge the Gap Extension:
Attorneys admitted between July 1, 2018, and April 30, 2019, are granted a one-year extension to complete the Bridge the Gap program.  Therefore, those attorneys must complete the program within thirty-six months after their admission to the Bar.  The necessity for this extension was due to the cancellation of the April 2020 session of the Bridge the Gap course for new admittees.
CLE Reporting Period Extension:
  • All required CLE credits must be completed and reported by September 30, 2020, to avoid late filing fees.
  • An email reminder notice will be sent on August 31, 2020 to those attorneys who are not yet in CLE compliance.  
  • Credits submitted after October 1, 2020 for the 2018-2020 reporting period will require a $50 late filing fee.  Credit will not be entered until the late fee is paid.
  • Certified notice will be sent out as soon as practicable after October 1, 2020, to those attorneys who are in non-compliance after the September 30 reporting deadline.
  • Attorneys will have 30 days from the date of the certified notice of non-compliance to complete and file courses to attain CLE compliance.
  • A petition to suspend any attorney who does not attain CLE compliance within that 30 day period will be sent to the Supreme Court of Appeals.
  • Attorneys will be suspended until such time as they have established CLE compliance.  
New Pro-Bono CLE Rule
Per Rule 6.05 (f) of the new State Bar Administrative Rules: A lawyer may obtain one credit hour for every three completed hours of pro bono legal service which satisfies Rule 6.1 of the West Virginia Rules of Professional Conduct and is performed during the reporting period.  A maximum of six hours of mandatory continuing legal education credit for approved pro bono service hours may be obtained for any two-year reporting period, and no additional service or credit hours may be carried over to the next reporting period. 
While the majority of Rule 6 is not effective until the July 1, 2020-June 30, 2022 reporting period, the pro bono service rule is effective July 1, 2019.
Pro Bono Legal Service – CLE Credits
The CLE Commission has been asked to interpret the phrase “[a] lawyer may obtain one credit hour for every three completed hours of pro bono legal service…,” as contained in Rule 6.05(f) of the State Bar’s Administrative Rules.  The Commission has interpreted the phrase to mean that no partial credit will be given for pro bono work.  An attorney must complete three full hours (or multiples thereof) in order to earn the associated one CLE credit. 
Temporary Waiver of Online Continuing Legal Education Credit Limit
Due to concerns associated with the COVID-19 virus, the Supreme Court of Appeals of West Virginia has granted a request from the Mandatory Continuing Legal Education Commission for a temporary waiver of current CLE rules and regulations which limit the CLE credits for online and in-house credits to 12 credits.   The temporary waiver is limited to the 2018-2020 reporting period. Please see the attached link for the full Order of the Court
Recorded Videos of State Bar Seminars 
Available for Viewing for Online Credit
Seventeen online CLE credits are currently available to attorneys through viewing recorded videos of previous State Bar seminars.  The subject matters are criminal law (2 credit), succession planning (3 credits, including 3 credits in Law Office Management), probate law(3 credits), marijuana law (3 credits, including 1/2 ethics credit),  landlord tenant law(3 credits) and intellectual property law (3 credits).  Links are provided below to view the videos and to report the credits upon completion. 
Criminal Law – Click her for seminar link
Succession Planing  – Click here for seminar link 
Probate Law – Click here for seminar link
Marijuana Law – Click here for seminar link
Landlord Tenant Law – Click here for seminar link
Intellectual Propery Law – Click here for seminar link
On April 16, 2020, The Supreme Court of Appeals ordered that the 2018-2020 CLE reporting period be extended to September 30, 2020.  
Let us Help YOU Submit Your CLE Credits
Tips and Step-by-Step Directions on 
How to Submit Your CLE Credits
Per the Order of the Supreme Court of Appeals of West Virginia, your CLE Reporting Period has been extended to September 30, 2020.  Attached are directions for submitting your credits.  Print the attached document and use it as your CLE Reporting Guide.  If you do not submit your own CLE credits, please share this document with the individual who reports your CLE Credits.  
Upcoming Events
CANCELLED
Free SafetyWebinar
Active Shooter Training
Previously scheduled for April 30, 2020 
May 13, 2020 1:00 – 4:00 pm
Free Ethics Webinar
CLE:  3 Ethics CLE credits
Host:  State Bar
Speaker:  Sean Carter – Harvard Law School graduate with 10 years of legal practice focused on corporate securities and mergers and acquisitions. He left the practice of law to pursue  a career as the country’s foremost Humorist at Law. He has since delivered comedic professional educational seminars for more than 400 organizations in more than 40 states.
June 4 – 5, 2020
62nd Annual WVAJ Convention & Seminar ONLINE!
Sponsor:    West Virginia Association for Justice
Location:    Online
CLE:    14.4 CLE hours, including 3.9 in ethics and law office management   
Open to all West Virginia attorneys.  The best high-quality, low-cost CLEs available–and you can attend from the comfort of your home or office.  Special discount available thru May 17!
POSTPONED UNTIL 2021
HOT TOPICS FOR GOVERNMENT LAWYERS
June 18, 2020 
Family Law CLE
Note:  Rescheduled from April 3, 2020
Host:  Kanawha County Family Law Bench Bar Committee
Location:   Charleston Coliseum and Convention Center
CLE:    8.9 hours – including 1.1 credits in law office management.  
A block of hotel rooms is reserved at the Charleston Marriott Town Center for June 17 and June 18, 2020 at the low rate of $96 plus tax and fees per night. If you would like to make a reservation you can call Marriott Reservations at 1 (800) 228-9290.  When calling, please identify yourself as part of the “June 18 CLE group.”
Save the Date:  JULY 13, 2020 
1:00 p.m. to 4:00 p.m.
FREE LAW OFFICE MANAGEMENT WEBINAR
CLE:  3 hours  in law office management
Speakers:  Stephen Embry, Esq.
 Brett Burney, Esq.
 Michael Mellace
More information coming soon
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