BAR BLAST 10-09-2012

DELINQUENT DUES AND FRD COMPLIANCE REPORTING  

As of September 4, 2012 if you have not paid membership dues

and submitted FRD Compliance reports, a late fee of of $25 for delinquent FRD and a separate late fee of $25 for delinquent dues payment has been automatically attached to your account. If you need a replacement dues notice, FRD compliance form, or IOLTA compliance form please click here. Your State Bar number should be placed on all forms submitted. If you previously registered and have not completed payment and submission of FRD & IOLTA compliance forms please submit your information via paper form. The final deadline is November 19th, 2012 before suspension for nonpayment of dues and nonsubmission of the Financial Responsibility Disclusure form.  For any questions concerning delinquent dues and compliance please contact Cheryl Petty at membership@wvbar.org.

PUBLIC NOTICE FOR APPOINTMENT OF NEW MAGISTRATE JUDGE

The Committee on the Administration of the Magistrate Judges System of the Judicial Conference of the United States has authorized the appointment of a full-time United States magistrate judge for the Southern District of West Virginia at Charleston.  The duties of the position are demanding and wide-ranging: (1) conduct of most preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conduct of various pretrial matters, including discovery, and evidentiary proceedings on delegation from a district judge; and (4) trial and disposition of civil cases upon consent of the litigants. The basic authority of a United States magistrate judge is specified in 28 U.S.C. § 636. You may view the entire public notice and obtain the application form atwww.wvsd.uscourts.gov. Applications must be submitted only by applicants personally and must be received by October 15, 2012.

A toll-free legal aid line is taking calls from survivors of this summer’s derecho in designated West Virginia counties. These counties are Barbour, Boone, Braxton, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marshall, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood and Wyoming. Additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments. The service, which allows callers to request the assistance of a lawyer, is a partnership between the American Bar Association Young Lawyers Division (www.abanet.org/disaster), Legal Aid of West Virginia (www.disasterlegalaid.org) and the Federal Emergency Management Agency (www.fema.gov).

Survivors facing legal issues may call 877-331-4259 24 hours a day to the message line to request assistance. Phone lines are staffed during the hours of 8:30 a.m. to 4:30 p.m. and callers may leave a message after those times. Callers should identify that they are seeking FEMA legal assistance, and should identify what county they are located in. Survivors who qualify for assistance will be matched with West Virginia lawyers who have volunteered to provide free legal help.

The type of legal assistance available includes:

• Assistance with securing FEMA and other government benefits available to disaster survivors
• Assistance with life, medical and property insurance claims
• Help with home repair contracts and contractors
• Replacement of wills and other important legal documents destroyed in the disaster
• Assisting in consumer protection matters, remedies and procedures
• Counseling on mortgage-foreclosure problems
• Counseling on landlord/tenant problems

LAWYER DISCIPLINARY BOARD UPDATES

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.
 

L.E.O. 2012-01: September 14, 2012 – the Lawyer Disciplinary Board issued the following Legal Ethics Opinion:  L.E.O. 2012-01  Use of Electronic Media for File Storage

NEW ORDER: September 14, 2012 – the Lawyer Disciplinary Board issued the following Order which vacates outdated Legal Ethics Opinions.

WV LAP SEEKS VOLUNTEERS

The West Virginia Supreme Court recently enacted Rules of the West Virginia Lawyer Assistance Program (WVLAP). These rules establish a program designed to provide help for lawyers who suffer from any physical or mental health condition that may affect their ability to practice law.  Rule 4 addresses ‘volunteers’ and permits the enlistment of “volunteer lawyers and judges whose responsibilities may include: assisting in interventions; serving as twelve-step program sponsors and/or recovery mentors; acting as local contact for members of the legal profession seeking help from the WVLAP; acting as a contact between WVLAP and the courts, the Lawyer Disciplinary Board, the Office of Disciplinary Counsel, and other State bar organizations, committees, and law schools; providing compliance monitoring as may be appropriate; and performing any other function deemed appropriate and necessary by the Board to fulfill its purposes.”

The WVLAP Board of Directors would like to hear from those interested in serving as a volunteer.  One of the first functions the Board hopes to establish with the assistance of such volunteers is development and implementation of lawyer support groups throughout the state.

If you are interested in serving as a volunteer, or if you have any questions about it, please contact WVLAP Board members Karen Kahle (304-231-0441, Karen.kahle@steptoe-johnson.com) or Kevin Mills (304-224-1010, kmills@wvacriminaldefense.com), or State Bar Director Anita Casey (304-558-7993, caseya@wvbar.org ).

STATE BAR REGIONAL MEETINGS

Bridgeport – October 16

Moorefield – October 17

Martinsburg – October 18

Beckley – October 23

Charleston – October 24

Morgantown – October 25

The meetings will begin at 10:30 a.m., include a lunch, and should end by 1:30 p.m. The meetings will provide a total of 3.0 MCLE credit hours in legal ethics, office management, substance abuse and/or elimination of bias. The cost is $100 per person. CLICK HERE for the agenda.

CLICK HERE to register via paper form or CLICK HERE to register and pay online.

The Judges of the U.S. District  Court  for  the Northern District of WestVirginia  cordially invite you to attend the formal investiture  ceremony  of  United  States District Judge  Gina M. Groh onFriday, October 19, 2012, at 1:00  p.m. at Shepherd University, Frank Center – Shipley   Recital  Hall,  100  West  Campus Drive, Shepherdstown, WV.  A reception will follow at the Shepherd University Wellness Center.  There will be security   present   at   the   ceremony. Security regulations require each  individual  to  show an official  photo identification before being granted access.   No guns or weapons of any kind will be permitted in the building.   If you plan to attend, please RSVP by October 12, 2012, to Kim A. Criswell at (304)234-0380 or kim_criswell@wvnd.uscourts.gov.

WVCLE, sponsored by The West Virginia State Bar and the WVU College of Law, will present the “Family Law” seminar on October 19-20, 2012, live at the WVU College of Law in Morgantown, West Virginia.  Speakers include:  Lyne Ranson, Andrew S. Nason, The Honorable Patricia Keller, Professor Marjorie McDiarmid, The Honorable David P. Greenberg, Professor Kendra Fershee, Andrea J. Hinerman, J. Jeffrey Culpepper, The Honorable Sally G. Jackson, Lorraine M. Eckard, Dean Dawson, Lisa Lynn, Roger A. Griffith, and Daniel L. Selby.  This seminar is accredited for 10.0 WV MCLE credits, including 1.2 ethics credits.  It is also accredited for 8.0 OH MCLE credits, including 1.0 ethics credits, 8.25 KY MCLE credits, including 1.0 ethics credits, and 8.5 PA MCLE credits, including 1.0 ethics credits.  The seminar begins at 10:00 a.m. on Friday morning and adjourns at 11:20 a.m. Saturday morning.  If you would like to register for this seminar or for more information, please CLICK HEREor call (304) 293-7255.

OCTOBER 20-21, 2012 – SHEPHERDSTOWN CIVIL RIGHTS DRAMA

The J.R. Clifford Project, with support from the West Virginia Bar Foundation, is presenting two free performances of “A New Home for Liberty: Human Rights, Slavery, and the Creation of West Virginia”  at Shepherd University’s Frank Arts Center, on Saturday and Sunday,October 20 and 21.  Delegate John Doyle will portray the Chairman of the 1861-63 Wheeling Convention; the community cast includes Circuit Judge David Sanders, County Commissioner Dale Manuel, Magistrates Bill Senseney and Gail Boober, former Delegate and Minority Leader Charles S. Trump, Senior Justice Larry Starcher, and State Senator John Unger.  For more information and to reserve seats, go to www.jrclifford.org or call 304-345-7663.

The Student Bar Association at the WVU College of Law is hosting its 5K run/walk “Race for Justice” on Saturday, October 27 in Morgantown, WV. The SBA invites all West Virginia State Bar members to register to run or walk; CLICK HERE to register. The SBA also seeks donations from bar members to serve as sponsors for the race. Click Here for the donor registration form. All proceeds from this race benefit WV Senior Legal Aid.

If you have any questions, wish to register or wish to serve as a sponsor, please contact: Matthew F. Chase at

(304) 288-0620 or mchase47@gmail.com