BAR BLAST – May 6, 2014

Request for Comment on Proposed Revisions to the Rules of Profession Conduct and Ancillary Matters

By order entered April 14, 2014, the Court approved a 60-day period of public comment on major revisions to the Rules of Professional Conduct that are intended to update the rules in conformity with West Virginia law, and are largely patterned after the American Bar Association Model Rules of Professional Conduct.  As a consequence of the proposed revisions to the Rules of Professional Conduct, two additional subject matters are affected: admission of out-of-state lawyers pro hac vice and the administration of client trust accounts, including the Interest on Lawyer’s Trust Accounts (IOLTA) Program. These two subject matters are addressed in Rule 8 of the Rules for Admission to the Practice of Law and proposed State Bar Administrative Rule 10, respectively. State Bar Administrative Rule 10 will form a part of a new set of rules that will replace the existing State Bar Rules and Regulations. The new State Bar Administrative Rules are still under development, and the remaining portions will be released for comment later this year. Because State Bar Administrative Rule 10 relates to the subject matter in the proposed amendments to Rule 1.15 of the Rules of Professional Conduct, it is appropriate for consideration as part of this package of rule changes. All practicing lawyers are encouraged to review the revisions carefully and submit comments. The public comment period closes on Friday, June 13, 2014. To review the proposed changes, click here.

Amendment to Rules of Procedure for Child Abuse

By order entered on April 24, 2014, the Court approved amendments to the Rules of Procedure for Child Abuse and Neglect Proceedings, guidelines for children’s guardians ad litem in child abuse and neglect proceedings, and a required form guardian ad litem report.

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Establishment of Unified Electronic Filing System

Adoption of Amendments to the West Virginia Trial Court Rules, Rules of Civil Procedure and Rules of Criminal Procedure. Effective May 1, 2014.

In order to insure that your PLLC is in compliance with the by-laws of The State of West Virginia, you are required file an annual renewal application with The State Bar. Any change in the corporate organization from the prior year must be reported and copies of current certificates of insurance are required. Every PLLC must also register an email address.

Instructions for renewing will be made available soon.