BAR BLAST_2012-05-01

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Lawyer Disciplinary Board Request for Comments:  Electronic Media Committee

The Lawyer Disciplinary Board has received a request for an opinion concerning the retention and destruction of closed client filed which were kept in electronic format.  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 Electronic Media Committee, c/o Office of Disciplinary Counsel, 4700 MacCorkle Avenue SE, Suite 1200C, Charleston, WV 25304. Deadline for submissions isJuly 20, 2012.


WVPDS is seeking applications for the position of Director of Appellate Advocacy Division. The successful candidate will prepare appeals in criminal and related matters. State agency with State benefits. Start Date: August 1, 2012. Attorney III, Pay Grade 22

($47,000 to $87,000, DOE).  Please send resume and writing samples to: Russell S. Cook, Public Defender Services, Suite 301, One Players Club Drive, Charleston, WV   25311 – Apply no later than May 11, 2012.

  • The Court has published for comment proposed amendments to  Create Rule 29, Commercial Litigation, WV Trial Court Rules. The Business Court Study Committee was created by the Court for the purpose of evaluating the business court legislation passed as Enrolled Committee Substitute for House Bill No. 4352, including the law’s applicability, practicality, and any other issues the members may discover in the course of their study.  Click here to review the Order.  Comments should be filed in writing with the Clerk of the Court on or before May 11, 2012.
  • Also, The Court has published for comment proposed amendments to the Rules for Admission to the Practice of Law, as recommended by the Board of Law Examiners.  The proposed amendments would increase the passing score on the MPRE.  They also exclude internet-based law courses from the equivalency policy,  include the policy for use of laptops when taking the exam, set forth the administrative appeal procedure before the Board in certain instances, and amend the conditional admission provisions.  For the complete proposed amendments review the Court’s March 9, 2012 Order by clicking here. The deadline for filing comments is May 21, 2012.


Legal Aid of West Virginia has just received nearly $15,000 of Neighborhood Investment Program Tax Credits that must be distributed before June 30!  Donors may use NIP Tax Credits on: Personal Income Tax, Corporate Net Income Tax, or Business Franchise Tax.  The minimum eligible donation to receive the Tax Credits is $500.00.  In return, LAWV will send you a Tax Credit voucher equal to 50% of your donation.  For example, if you send LAWV $1,000, we’ll send you back $500 in the form of a WV State Tax Credit — it’s that easy!  Donations may be mailed to: Campaign for Legal Aid, 922 Quarrier Street, 4th Floor, Charleston, WV 25301 or visit  NIP Tax Credits are available on a first-come, first-serve basis.  Please call 304.414.5438 to learn more about making the most of your charitable donation through NIP Tax Credits!

Upcoming Events


WVCLE, in cooperation with the Cabell County Bar Association, will present “Effective Pretrial and Litigation Strategies” seminar on May 11, 2012, live at the Big Sandy Superstore Arena in Huntington, West Virginia. Speakers include: The Honorable Cheryl A. Eifert; The Honorable Robin Jean Davis; William L. Mundy, Esquire; Thomas V. Flaherty, Esquire; Elizabeth Vish, Esquire; Charles S. Piccirillo, Esquire, and James D. Lamp, Esquire. This seminar is accredited for 8.0 WV MCLE credits, including 1.2 Ethics credits; 6.75 OH MCLE credits, including 1.0 Ethics credit, and 6.5 PA MCLE credits, including 1.0 Ethics credit. We have also applied for MCLE credit in KY and VA. The seminar begins at 9:00 a.m. on Friday morning and adjourns at 5:00 p.m. If you would like to register for this seminar or for more information, please CLICK HERE or dial (304) 293-7255.

Technology 4 Attorneys, LLC and Legal Assistants/Paralegals of Southern West Virginia will sponsor a Law Office Management Seminar Series to be held at the Pullman Plaza Hotel in Huntington, WV on Friday, June 1, 2012 from 8:30 a.m. – 5:00 p.m.
Course XIII: Social Media Evidence Issues; Social Media Pitfalls for Lawyers & Staff; Metadata & Social Media Case Law Update; Avoid Drafting Metadata Related and Smartphone Discovery Requests; and Social Media & Metadata Ethics Issues. Faculty:  Kenneth O. Kreis J.D. Approved for 6.0 CLE Hrs (2.1 Hrs Office Mgmt/Ethics) by the West Virginia State Bar; Approved for 6.25 CLAE Hrs (1.0 Ethics) by the Certifying Board for Legal Assistants of NALA.
For Registration or  Questions: Cynthia L. Kline, (304)340-1311; Cell:  (304)552-9120;


  • Saturday, June 2 from 9:30 AM to 12:30 PM in Martinsburg, there is a free event titled “Race, Law, and Democracy – the West Virginia Experience.” See a complete program and list of speakers and register online at, or call Aimee Duncan at 304-345-7663 or email her at Eligible for three CLE credits in the elimination of bias in the legal profession. The program location is the Ramer Center, 515 West Martin St. Sponsored by the Mountain State Bar Association, Inc.; the J.R. Clifford Project of Friends of Blackwater; and the Attorney General’s Civil Rights Division; with support from the West Virginia Bar Foundation.
  • Friday, June 15th is World Elder Abuse Awareness Day and West Virginia will be recognizing the day with events at the Capitol. From 10:00 a.m. to noon at the Capitol, Carolyn Rodis, a lawyer and mediator specializing in elder mediation in Maryland, will be giving a presentation that has been approved for 2.4 CLE hours.  She will speak about elder mediation and financial exploitation of seniors.  This presentation has been approved for 2.4 general ethics hours.  Space is limited.  Please click here for a flyer about the event and to RSVP.  CLE location and directions will be provided upon receipt of your RSVP.  This event is made possible with generous funding from the AARP Foundation and the WV Attorney General’s Office.


On June 12 and 13, 2012, The West Virginia State Bar’s ADR Committee will present its annual Basic Mediation Training Sessions.  The sessions will be held at the Days Hotel in Flatwoods. The sessions provide 15.30 hours CLE credit with 1.0 hour in ethics. Registration deadline is June 6.

Click here to register for the Basic Mediation Training Sessions.
Click here for the Basic Mediation Training Sessions Agenda.

An  Advanced Mediation Training Session will be held on July 11, 2012, also at the Days Hotel in Flatwoods. This session will offer 7  hours CLE credit.

Click here to register for the Advanced Mediation Training Session.

Click here to for the Advanced Mediation Training Session Agenda.

The State Bar has made arrangements with The Days Hotel for discounted rooms for those attending the training sessions. Contact should be made directly with the hotel at 866-700-7284.  Advise the hotel you will be attending one of the training sessions to obtain The State Bar discount of $89.10 for a single or double room. If you have questions concerning the discounted rooms, contact Kathy Henning at or 304-558-1044.


On June 21, 2012 The West Virginia State Bar’s Government Lawyers Committee will present its annual Government Lawyer Hot Topics CLE at the State Capitol. Come join us for a day full of sessions addressing issues which affect federal, state, county, and city government attorneys. The session provides 7 CLE credits including one credit in Ethics and one credit in office management . Registration deadline is June 18th.

Click here to Register.

Click here for the Agenda.