- Active membership is defined in Bylaw 2.03. Click here to review Bylaw 2.03 in full.
- Any Active Non-Practicing, Inactive, Judicial or Emeritus Pro Bono member may be enrolled as an Active member upon written request and upon showing that the member is not under suspension or disbarred; has fully complied with pertinent MCLE requirements and the reporting requirements related to FRD and IOLTA, has paid any penalties and previously assessed unpaid fees and has paid the full annual Active membership fee for the current year (less any membership fee paid for the current year). See steps outlined below for a change to Active status.
- Before a status change request for Active status can be processed, a number of steps must be completed:
- Twelve (12) credits of approved MCLE credit must be completed and reported, 3 credits of which must be in legal ethics, law office management, attorney well-being or elimination of bias in the legal profession. All 12 credits can be obtained by an online means if necessary and must be obtained in the 12 months immediately preceding the application to change to Active status.
- Financial Responsibility Disclosure (FRD)/IOLTA (Interest on Lawyers Trust Accounts) compliance reporting must be completed online. Click Here to complete your FRD/IOLTA reporting online.
- A written request to switch to Active status must be submitted. Your request should be submitted online. Click Here to submit online.
- Once all of the above information is confirmed, the Active membership fee for the fiscal year you wish to return to active status must be paid. A payment link will be emailed to you for any balance due.
We currently operate our MCLE on a two-year reporting period beginning July 1st of an even year and ending June 30th of the subsequent even year (for example July 1, 2020 to June 30, 2022), during which Active members must complete a minimum of 24 approved CLE credits, at least 3 credits of which must be in legal ethics, law office management, attorney well-being or elimination of bias in the legal profession.
If you are restored to Active status during the first twelve months of the reporting period, you will have the remainder of the reporting period to obtain the other 12 credits which you need to fulfill your full MCLE requirement for the current reporting period. If you are restored to Active status during the second twelve months of any 24-month reporting period, you are exempt from further CLE requirements for that reporting period. If you have further questions regarding CLE, you may contact compliance@wvbar.org or 304-553-7238.
- Active Not Practicing membership is defined in Bylaw 2.04. Click here to review Bylaw 2.04 in full.
- Active Not Practicing members cannot engage in the practice of law in the State of West Virginia.
- Active Not Practicing members have no FRD (financial responsibility disclosure), IOLTA (Interest on Lawyers Trust Accounts) or MCLE reporting requirements.
- Active Not Practicing members retain their membership voting rights and enjoy the same rights and responsibilities as an Active member, with the exception of the right to engage in the practice of law.
- To change to Active Not Practicing status, submit a written request to switch to Active Not Practicing status. This request must include the reason for the status change (i.e., retirement, moving or living out of state, back to college, etc.). The request should be submitted online using the Status Change request form. Click Here to submit online. You cannot switch to Active Not Practicing status if you are currently suspended or disbarred.
- Active Not Practicing annual fees are the same ($250) as Active member fees. In accordance with the State Bar’s Bylaws, a member may be enrolled as an Active Not Practicing member, so long as such member shall each year pay the annual Active membership fee to the State Bar.
- Inactive membership is defined in Bylaw 2.05. Click here to review Bylaw 2.05 in full.
- An attorney on Inactive status is not allowed to engage in the practice of law in the State of West Virginia.
- Inactive members have no FRD (financial responsibility disclosure), IOLTA (Interest on Lawyers Trust Accounts) or MCLE reporting requirements.
- In accordance with the State Bar’s Bylaws, a member may be enrolled as an Inactive member, so long as such member shall each year duly pay the annual inactive membership fee to the State Bar. Inactive fees are $100. Inactive fees are waived for members of the Bar who are 70 years of age or older. Failure to pay such membership fee shall result in administrative suspension pursuant to Bylaw 2.09.
- Inactive members retain no membership voting rights.
- To change to Inactive status, you must submit a written request. This request must include the reason for the status change (i.e., retirement, moving or living out of state, back to college, etc.). The request should be submitted online using the Status Change request form. Click Here to submit online. You cannot switch to Inactive status if you are currently suspended or disbarred.
- Judicial membership is defined in Bylaw 2.07. Click here to review Bylaw 2.07 in full.
- Only those judges outlined in Bylaw 2.07 may be enrolled as a Judicial member of the State Bar during the term of their appointment, or if retired, during any period in which they have been duly recalled for service.
- Judicial members may not engage in the practice of law and hold no voting rights with the State Bar.
- Judicial members are not required to pay annual fees and they have no FRD (financial responsibility disclosure), IOLTA (Interest on Lawyers Trust Accounts) or MCLE reporting requirements.
- Judicial members must promptly notify the State Bar when they retire or when their employment situation has otherwise changed so as to cause them to be ineligible for judicial membership, and must apply to change to another membership class.
- To change to Judicial status, you must submit a written request. Your request should be submitted online using the Status Change request form. Click Here to submit online.
- Emeritus Pro Bono membership is defined in Bylaw 2.08. Click here to review Bylaw 2.08 in full.
- Any member on inactive status who has a current and valid certificate of approval to participate in the emeritus attorneys’ pro bono participation program may engage in certain practice activities subject to the limitations and conditions set forth in Rule 8 of the State Bar Administrative Rules.
- Except as otherwise provided in Rule 8, members approved as pro bono/emeritus members shall have the same privileges and obligations as Inactive members.
- Please review Rule 8 for the eligibility requirements, certification process and activity limitations of an emeritus pro bono member.
- A change to Emeritus Pro Bono status will be made at the time a current and valid certificate of approval is awarded to participate in the emeritus attorneys’ pro bono participation program. Withdrawal of certification, and thus eligibility for emeritus pro bono status, is outlined in Rule 8.
