BAR BLAST 7-9-2013

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July 9, 2013
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Annual Membership Reporting and Fees 2013-14  

On June 17, all members were mailed a membership reporting and fees post-card.Click here for a sample copy of the post card. This post-card will give you instructions on how to pay your 2013-14 membership fees and complete your FRD and IOLTA reporting online. You are encouraged to use the online reporting option. Although this method of submission differs from past paper reporting, the new system will be easier in the long run and is a much more cost effective method of reporting. A firm administrator may also register to do all the payment of fees and reporting of FRD and IOLTA for the entire firm. If you wish to continue with paper reporting, forms will be available on The State Bar’s website. There is a $10.00 processing fee for all paper FRD & IOLTA submissions, which must be paid at the time of submission. Questions: contact Anita Casey

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Criminal Law Committee

The Criminal Law Committee will be sponsoring an update on the law, free, one hour CLE seminar on July 15th at noon at The State Bar Center. Tom Smith will be the presenter. The seminar will include lunch but will be limited to the first 35 registrants. Please advise Kathy Henning if you will be attending by contacting her at before July 12. There will be no registration at the door.

Fee Changes for Uniform Commercial Code Filings

Effective July 12, 2013, pursuant to West Virginia Code §46-9-525, (Senate Bill 426 – 2013 Legislative Session) the West Virginia Secretary of State’s Office is required to implement fee changes for all Uniform Commercial Code Filings and Uniform Commercial Code Searches.

Lawyer Disciplinary Board Request for Comments

The Lawyer Disciplinary Board is soliciting public comments on the following Legal Ethics Opinions:

     –   L.E.O. 2013-02    The Duty of Counsel to Treat a Child Represented by Counsel (A Guardian Ad Litem) the Same as Any Other Person or Party in Terms of Prohibited Direct ContactPlease submit  your written comments to the following address:  Prohibited Direct Contact Issues, c/o Office of Disciplinary Counsel, 4700 MacCorkle Avenue SE, Suite 1200C, Charleston, WV 25304.  Deadline for submissions:
September 20, 2013.
     –   L.E.O. 2013-03    Potential Conflicts of Interest for Federal Government or Military Attorneys Defending Agencies Against Furlough-related Complaints. Please submit  your written comments to the following address:  Conflicts for Federal/Military Attorneys, c/o Office of Disciplinary Counsel, 4700 MacCorkle Avenue SE, Suite 1200C, Charleston, WV 25304.  Deadline for submissions:
September 20, 2013.

MCLE Updates

The current 2012-2014 MCLE reporting period does not end until June 30, 2014. We are working diligently to get MCLE submissions online again very shortly. You can submit a paper form from our website or wait until our new system is up for online submissions. Thank you for your patience as we upgrade our new system.

Beginning on September 1, 2013 any attorney who attends a CLE held at a location outside of West Virginia must confirm with the seminar sponsor that the seminar sponsor has paid the appropriate fee for approval of the seminar to the West Virginia State Bar.  If the seminar sponsor is not a West Virginia State Bar presumptive provider (i.e. has paid the $500 yearly sponsor fee) or has not paid $50 for approval of the specific seminar, each individual attorney wishing to receive WV MCLE credit for the course must complete Form A and remit a $20 processing fee to the West Virginia State Bar.

All seminars that have been pre-approved will be listed by provider on the new WV State Bar membership portal in a drop down menu on the MCLE screen.  Seminar sponsors are being required by the WV State Bar MCLE Commission to provide a list of attendees within 30 days following each approved seminar.  If you are unable to locate your seminar on the website more than 30 days after attending the same, and you believe that your seminar was pre-approved, please contactHope Gresham.

Minority Clerkship Reception 

The State Bar’s Minority Lawyers Committee is sponsoring a reception for all minority summer law clerks on July 11, 2013, from 5:00 to 7:00.  The reception will be held at the State Bar Center.  Please come to meet and welcome these rising stars.  If you plan to attend or have any questions, please contact Kathy Henning at by Tuesday, July 9.

WV Bar Exam Support

The YLS has launched its WV Bar Exam Support page on Facebook and Twitter.  The YLS created these social media outlets so that our young lawyers can offer support, encouragement, and advice to those taking the WV Bar Exam in July.  With the direction of District 14 YLS Representative, Shannon Smith, and young lawyer, Lindsey Saad, the WV Bar Exam Support answers questions, and gives exam takers tips and tricks to taking the bar exam.   Also, a list of “mentors” for each of the WV State Bar Districts is provided to our “followers” to help facilitate one-on-one contact with a lawyer in their area.   If you know of anyone who could use moral support while studying for the bar exam, please have them “like” our Facebook page (West Virginia Bar Exam Support) or follow us on Twitter.

The West Virginia Department of Transportation Office of Administrative Hearings (OAH) Notice

  Effective July 1, 2013 the rules set forth in 105CSR1 will apply to all matters pending before OAH. Further, OAH would remind all attorneys that OAH is a separate entity from the DMV and is in fact the administrative tribunal responsible for deciding administrative appeals from DMV revocation orders. Attorneys are also reminded that the submission of a Written Objection Form to the OAH does not act as an automatic stay and that it is the responsibility of the attorney and/or their client to verify license status with the DMV and that all hearing requests are to be accompanied by any and all Revocation Orders which have been received by the party contesting the license revocation.

The OAH may be contacted via U.S. Mail at the address of West Virginia Department of Transportation Office of Administrative Hearings, 300 Capitol Street, 10th Floor, Charleston WV 25301; via email at the address of; via phone at 304-356-2233; and via facsimile at 304-558-1316. Should you need additional information you may contact Stacey L. Fragile, Acting Deputy Director of the Office of Administrative Hearings.

YLS Practice Handbook – Request for Volunteers

The State Bar is updating the Practice Handbook Chapters, which are located on the YLS website and is requesting volunteers to either update existing handbook chapters or author needed chapters. Click here for a full list.

Please consider helping the State Bar and lawyers throughout the State by volunteering.  Contact Shannon Smith and Jamie O’Brien.

Upcoming Events

JULY 9-11, 2013: Martinsburg – Holiday Inn

JULY 15-17:  Charleston – Embassy Suites
Court Improvement Program (CIP)

Sponsor: Supreme Court of Appeals of West Virginia

More Information and Registration

JULY 10, 2013
Putting Mediation to Work in Your Practice: Advanced Mediation Annual Training

Sponsor: The West Virginia State Bar’s ADR Committee

Location: Flatwoods, WV

More Information and Registration

August 15-17, 2013
WVBA 127th Annual Meeting

Location: The Homestead
Host: The West Virginia Bar Association

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August 15-17, 2013
Practicing Law Ethically Update:  Bridging the Digital Divide

Location: WVU College of Law



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September 13-14, 2013
WVCLE Family Law Institute Seminar
Speakers include: Andrew S. Nason, The Honorable Mike Kelly, Scott N. Friedman, Rachel L. Fletcher Cipoletti, Cindy MacAulay, Virginia Supcoe, Richard A. Bush, Dean Boland, Delby Pool, and Reed Spangler. This seminar is accredited for 9.8 WV MCLE credits, including 3.8 ethics and law office management credits. 

Location: WVU College of Law



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