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Bar Blast -July 7, 2020

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JULY 7, 2020
 
 
State Bar Statement on Social Justice
Recorded Online Video CLE
14 seminars for a total of 27.5 online A/V credits are available if you watch all of the seminars.  Click here to see complete list of available recorded CLE credits
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NEWS
STATE BAR ID CARD
If you currently have a valid West Virginia Driver’s license, you may obtain your State Bar ID Card by going to this link and completing the DMV form for the State Bar ID Card. If you do not have a valid West Virginia Driver’s license, contact your local West Virginia DMV office to arrange an appointment.
ADDITIONAL REPORTING REQUIREMENT
ON SUCCESSION PLANNING FOR 
FISCAL YEAR 2020-21
State Bar Administrative Rule 14 – Succession Planning – became effective on January 1, 2020. The new Rule requires all sole practitioner Bar members to designate if they have a succession plan. Due to the COVID-19 pandemic, the Rule could not be fully implemented before the 2020-21 reporting/fiscal year.  When renewing your membership with the State Bar in 2020-21, you must answer the “Succession Planning” question in the compliance section of your renewal application.  Additional requirements will be announced as the is Rule is implemented.  NOTE:  Firm Administrators in firms with 5 or more members, do not have to complete the Succession Planning requirement.
 
The Bar anticipates that the requirements of Administrative Rule 14 will be fully implemented in the 2021-22 reporting period. Announcement(s) regarding the implementation of the requirements will be posted, during the next several months, on the Bar’s website and in the Bar Blast.                                           Click here for Rule 14
UPDATE ON REPORTING REQUIREMENTS FOR CORPORATE ENTITIES 
State Bar Administrative Rules 11 and 12 – LCs, LLCs, PLLCs and LLPs – became effective on January 1, 2020.  The new Rules require certain reporting to the State Bar. Due to the COVID-19 pandemic, the Rules have not been fully implemented. Comprehensive reporting requirements and processes are being developed in collaboration with the Secretary of State’s Office.
 
The Bar anticipates that the requirements of Administrative Rules 11 and 12 will be implemented before the new October 30 reporting date.  Announcement(s) regarding the implementation of the requirements will be posted, during the next several months, on the Bar’s website and in the Bar Blast. 
                                                          Click here for Rule 11
                                                          Click here for Rule 12
KELLER NOTICE TO STATE BAR MEMBERS
The time schedule to follow on Keller issues is available on the State Bar’s website – Keller Notice .   If any member has questions concerning this matter, please contact Anita Casey at The West Virginia State Bar at 304-553-7228 or by email at caseya@wvbar.org.
Challenges should be directed to Executive Director Anita Casey and may be submitted by mail [mailing address:  2000 Deitrick Blvd, Charleston, WV  25311] or email  [caseya@wvbar.org].
Request for Public Comment
Request for Comment on Proposed Amendments to Rule 38 of the West Virginia Rules of Appellate Procedure.
 
By order entered on June 15, 2020, the West Virginia Supreme Court of Appeals approved a 30-day period of public comment on amendments to Rule 38 of the West Virginia Rules of Appellate Procedure. The proposed amendment would eliminate facsimile filing in the Office of the Clerk of the Supreme Court of Appeals of West Virginia and would allow for electronic mail filing. The public comment period closes on July 15, 2020. Comments are to be filed in writing with the Clerk.    Click here to review the proposed changes to Rule 38 of the Appellant Procedure
Request for Comment on Proposed Amendments to the Notice of Appeal Form Attached to the West Virginia Rules of Appellate Procedure.
 
By order entered on June 15, 2020, the West Virginia Supreme Court of Appeals approved a 30-day period of public comment on amendments to the Notice of Appeal form attached as Appendix A to the West Virginia Rules of Appellate Procedure. The proposed amendment would require checks provided to the Office of the Clerk of the Supreme Court of Appeals of West Virginia to be made out in the order of “The State of West Virginia.” The public comment period closes on July 15, 2020. Comments are to be filed in writing with the Clerk.  Click here to review the proposed changes to the Notice of Appeal
CLE Announcements
Important Reminders Concerning CLE Reporting Periods and Requirements 
  • The 2018-2020 reporting period has been extended to September 30, 2020.  All CLE must be completed and reported by that date.
  • The reporting period for 2020-2022 begins on July 1, 2020.  The extension of the 2018-2020 reporting period does not affect the start date of the 2020-2022 reporting period.
  • Attorneys who are in compliance for the 2018-2020 reporting period by June 30, 2020 should begin reporting any CLE credits completed after July 1, 2020 to the 2020-2022 reporting period.
  • Attorneys who are not in compliance for the 2018-2020 reporting period should continue to report credits to the 2018-2020 reporting period until such time as you are in compliance.  You need a minimum of 24 credits, including at least 3 in legal ethics/law office mgmt./attorney well-being/elimination of bias in the legal profession.  Any credits completed after you are in compliance for the 2018-2020 reporting period and after July 1, 2020 should be reported to the 2020-2022 reporting period.
  • If you exceed the minimum CLE requirements for the 2018-2020 reporting period, a maximum of 6 general credits are carried over to the 2020-2022 reporting period.  Credits in the ethics categories do not carryover.
  • Course credits cannot be split between reporting periods.
  • Please check your CLE transcripts for accuracy and for pending CLE credits submitted by CLE sponsors that require your confirmation.  Credits are not included in your CLE total until they are confirmed and added to your CLE transcript.
Upcoming Events
JULY 13, 2020 
1:00 p.m. to 4:00 p.m.
FREE LAW OFFICE MANAGEMENT WEBINAR
CLE:  3 credits in law office management
Speakers and Topics:  
Stephen Embry, Esq. – Reasons for Lawyers to be Technologically Competent
Brett Burney, Esq. – Mobile Ethics/Best  Practices
Michael Mellace, MS  – Valuable Tips on How to Navigate the State Bar’s Technology
July 17, 2020
2:00 p.m. – 3:00 p.m. 
Legal Considerations for Employers as Employees Return to Work Amid COVID-19 Webinar
Host:   West Virginia Continuing Legal Education
Prepared and Presented by Ashley Pack and Chandler Strogen, Dinsmore & Shohl, LLP
Location:   Live Webinar
Cost:     $50
CLE:  1.0 MCLE hours, and 1.0 in ethics and law office management.
                             Click here to register
Questions contact Lauren McCartney at lauren.mccartney@mail.wvu.edu
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