For confidential assistance and consultation regarding emotional or mental health issues call our Judicial and Lawyer Assistance Program staff at (304) 553-7232 or visit wvjlap.org for additional information and resources.
The West Virginia State Bar conducted a member survey to determine what our members believe are their primary needs as they return to a “new normal” post COVID-19 pandemic. The results of the survey show that the members’ primary concerns are: 1) dealing with clients both using technology and when in-person meetings are essential; 2) staying updated with changing requirements of West Virginia federal and state courts and county offices; and 3) how to remotely execute and verify legal documents. Below are resources and links to help guide you to answers. The Bar will provide updated information as it is received; however, check all websites listed below for updated information.
The State Bar continues to operate during normal business hours of 9:00 a.m. to 5:00 p.m. Mondays through Fridays. Seminars and meetings continue to take place using the State Bar’s phone conference and/or video conference capabilities. The offices are closed, however, to in-person meetings. The offices will remain closed until, at least, September 1, 2020, at which time circumstances will be re-evaluated. All Bar members are strongly encouraged to use the State Bar’s phone and video conference capabilities for meetings, depositions, hearings, seminars, etc. Arrangements should be made by contacting Kathy Henning at henningk@wvbar.org or 304-553-7225. Any concerns with the limited availability of the physical facility for use should be directed to Anita Casey at caseya@wvbar.org.
For confidential assistance and consultation regarding emotional or mental health issues call our Judicial and Lawyer Assistance Program staff at (304) 553-7232 or visit wvjlap.org for additional information and resources.
Technological Communications
- Before using technology in communication with clients, ensure that confidentiality is secured.
Click here to view the Webinar “Maintaining Ethics in a Time of Crisis; WV Office of Disciplinary Counsel“ - Video Conferencing
Vendors/Platforms for Teleconferences, Electronic Meetings & Video Conferencing:Zoom
GotoMeeting
Uber Conference
BlueJeans
Skype
Google Conferencing
Meeting Bridge - Email Encryption
- In Person Communication with Clients
– Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes
– REOPENING WORKPLACES DURING THE COVID-19 PANDEMIC
– Preparing for Potential Infection in West Virginia CommunitiesExample: REOPENING THE WORKPLACE: A PRELIMINARY GUIDE FOR US EMPLOYERS
Federal Court
- The US District Court for the Southern District of West Virginia issued General Order #5 extending the closure of the courthouse until May 31, 2020. For updated information from the District Court for the Southern District of West Virginia visit wvsd.uscourts.gov.
- The US District Court for the Northern District of West Virginia issued a Coronavirus Order regarding visitor restrictions to the courthouse, a public advisory regarding operating procedures, an order regarding criminal case operations, and an Order suspending the Grand Jury. For updated information from the District Court for the Northern District of West Virginia visit wvnd.uscourts.gov.
- In addition to General Order #5 from the Southern District, the Bankruptcy Court of the Southern District of West Virginia issued a COVID-19 Notice and a COVID-19 Section 341 Announcement. For updated information from the Bankruptcy Court for the Southern District of West Virginia visit wvsb.uscourts.gov
- The US Bankruptcy Court for the Northern District of West Virginia issued a COVID-19 Section 341 Announcement. For updated information from the Bankruptcy Court for the Northern District of West Virginia go to wvnb.courts.gov
State Court
SUPREME COURT OF APPEALS of WV COVID-19 RESUMPTION OF OPERATIONS PROTOCOLS
Check the Supreme Court of Appeals website for more updates: www.courtswv.gov
Access to County Courthouses/County Commission Offices
Access to each county office may be limited and should be contacted before going to their offices. The attached list provides contact information for all 55 county assessors, circuit clerks, county clerks (records room), county commissions (probate/fiduciary), prosecutors, and sheriffs. https://files.constantcontact.com/75edd16b001/a819acd0-f65a-45e7-9b6d-280f08cccd25.pdf
Notarizing Documents
If you do not need an original signature you can collect them via a variety of e-signature tools. Or, if you feel more comfortable seeing the client or parties sign, you can have the user sign a document with a stylus while using a mobile device like an iPad or smartphone.
In response to COVID-19 public health risks, the Governor issued Executive Order 11-20, which suspends the “personal appearance” requirements for a document to be notarized under W. Va. Code § 39-4-6. The Emergency Rule is modeled after national standards for remote notary processes. The purpose of the remote notary option is to protect the safety of WV notaries and individuals and the validity of notarized documents executed during the State of Emergency. The Emergency Rule, which can be found at Code of State Rules § 153-45, sets forth procedures for notaries to witness the signing of a document remotely using an electronic device, technology, process or a combination of those electronic option.
e-Notarization (Electronic Notarization)
Verification: Admission Pro Hac Vice, Supreme Court Rules for Admission to the Practice of Law, Rule 8.0 (c)
http://www.courtswv.gov/legal-community/rules-for-admission.html#rule8
Suggested Protocols for Execution of Wills During the Pandemic
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.
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
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