BAR BLAST – July 8, 2014

Clarification Regarding Financial Responsibility Disclosure Reporting

Article III(A) of the By-Laws of the West Virginia State Bar requires that each active lawyer admitted to practice law in West Virginia annually disclose information regarding financial responsibility for professional liability claims. Section 2 (5) provides that a lawyer is exempt from disclosure if “the lawyer is engaged in the practice of law as a full time government attorney or in-house counsel and does not represent clients outside that capacity.” If a lawyer provides services to any individual or business outside his or her government or in-house capacity, even if those services are provided at no cost, the lawyer is no longer exempt from disclosure to the West Virginia State Bar and the lawyer must provide the financial responsibility information required under Article III(A). Should you have questions regarding your Financial Responsibility Disclosure Requirement contact Anita R. Casey atcaseya@wvbar.org or Rachael Fletcher Cipoletti atrfcipoletti@wvodc.org.

MCLE 2012-14 Reporting Period

The July 1, 2012 – June 30,2014 Reporting Period will end onJune 30, 2014. The filing deadline is July 31, 2014.

Active members of the Bar are required to complete and file 24 approved credits, including at least 3 credits in legal ethics, office management, substance abuse, and/or elimination of bias in the legal profession credits.  Active members admitted between July 1, 2012 and June 30, 2013, are required to file 12 approved credits, including at least 3 credits in legal ethics, office management, substance abuse, and/or elimination of bias in the legal profession credits.

 All required credits are to be completed and filed by July 31, 2014. You may check your credits online, and submit new activities online through the member portal atwww.mywvbar.org.  Paper MCLE submissions require a $10 processing fee payable to the WV State Bar.  Paper forms will not be processed without the required fee.

For questions regarding MCLE contact compliance@wvbar.org atcompliance@wvbar.org or 304-553-7238.

You are required file an annual renewal application of your PLLC with The State Bar. Any change in the corporate organization from the prior year must be reported and a copy of the current certificate of insurance in the name of the PLLC is required.

11th Family Court Judicial Circuit Vacancy

The Judicial Vacancy Advisory Commission is currently receiving applications to fill the judicial vacancy on the 11th Family Court Judicial Circuit serving Kanawha County. Candidates must submit their completed applications by no later than 5:00 p.m. on July 18, 2014. Applications and instructions are available atwww.governor.wv.gov. To contact the Commission regarding the application process, please call Janet Shelton at 304-558-2000. Interviews will be scheduled for and held on August 22, 2014.

65th Annual Meeting of the West Virginia Tax Institute

Approval of Revisions to the West Virginia Rules of Evidence

Click here for a copy of the order and revisions 

Approved Amendments to Trial Court Rule 29 Business Court

Effective July 1, 2014 the West Virginia Supreme CourtApproved Amendments to Trial Court Rule 29 Business Court.

Click Here for the Approved Amendments 

Increase in Civil Filing Fees

Rules of Practice and Procedure for Minor Guardianship Proceedings

The Court is requesting Public Comment on Proposed Amendments to The Rules of Practice and Procedure for Minor Guardianship Proceedings.  Public Comments are to be filed with the Clerk of the West Virginia Supreme Court on or before August 11, 2014.

Click Here for the Proposed Amendments 

Rules of Lawyer Disciplinary Procedure

The Court is requesting Public Comment on Proposed Amendments to RULE 3.29 of the Rules of Lawyer Disciplinary Procedure. Public Comments are to be filed with the Clerk of Clerk of the West Virginia Supreme Court on or before

August 18, 2014.

Click Here for the Proposed Amendments