BAR BLAST_2012-05-15

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The WV Supreme Court of Appeals 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.

Thank you to everyone who attended the 2012 State Bar Annual Meeting in Wheeling, WV this year! Please take a minute of your time to fill out this short survey so that we can continue to get feedback from you and continue to improve the meeting for next year.
Click here if you attended the 2012 WV State Bar Annual Meeting.
Click here if you did not attend the 2012 WV State Bar Annual Meeting.


  • LECTURE SERIES: The WVU College of Law is looking for lawyers to present topics to law students as part of the Lunchtime Lecture Series. The Lecture Series includes one fall and one spring presentation. The presenter picks the topic and the presentation should last for about an hour. The presentations are videotaped and added to the “Bridge the Gap” Seminar video library. If you are interested in participating in the Lecture Series, please contact your Regional YLS Representative. The West Virginia Law Adventure is another great opportunity for young lawyers to get involved in the community. The program is designed to expose children in grades 5 through 12 to the legal profession through participation in a mock trial. If you are interested in assisting a local school with this program, please call or email your YLS Representative.
  • EXECUTIVE COMMITTEE VACANCIES: There are currently four vacancies on the YLS Executive Committee: one vacancy from District 2 (Marshall, Pleasants, Tyler, and Wetzel Counties); one vacancy from District 4 (Clay, Jackson, Mason, Putnam, and Roane Counties); and two vacancies from District 8 (Kanawha County). If you reside in one of these Districts and are interested in serving on the YLS Executive Committee, please send an email to Jason Foster at by May 31, 2012.

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.

Upcoming Events

May 18 – Legal Education Friday

Join the Mountain State Bar Association, Inc. for

Legal Education Friday May 18, 2012

8:30 a.m.- 4:30 7.2 CLE hours

including 1 hour of Ethics

Featuring WVU College of Law Professors Tom Cady on insurance and torts, Patricia Lee, on business start- ups and Atiba Ellis with the facts on Voting Rights.  Also joining us will be Supreme Court Clerk Rory Perry with the facts on the Supreme Court’s latest decisions and application of the New Court Rules, Chief Disciplinary Counsel Rachael Cipoletti on recent disciplinary cases and Russell Cook of the West Virginia Public Defender’s Office. Dwane Tinsley, Chuck Miller and Troy Giatras will discuss the Trayon Miller case and implications of the “Castle Doctrine” and “Stand your ground laws.”

Registration $250.00* call 304.346.4200 to register including lunch.


Legal Aid of West Virginia is hosting an ethics presentation, “Ethics Update/ Recent Supreme Court Ethics Opinions,” presented by the Office of Disciplinary Counsel on Friday, May 18th, 12:00p.m.-1:00 p.m. The ethics qualified one hour CLE session will be presented live at Legal Aid’s Charleston office and will also be available via video conference at each of Legal Aid’s local offices. Private bar members are welcome, though space is limited. RSVP by 4:00 on May the 16thto Brenda Lambert at 304-343-4481, ext. 2138.


WVCLE, sponsored by The West Virginia State Bar and the WVU College of Law, will present “The New Horizontal Well Act and Shale Gas Law Update” seminar on June 8, 2012, live at the WVU Medical Center- Charleston Division, Charleston, West Virginia.  Speakers include:  Timothy M. Miller, Kathy G. Beckett, Joseph Lee Jenkins, P. Robert Pichardo, Jeffrey J. Rokisky, George A. Patterson, Andrew S. Graham and Rachael L. Fletcher Cipoletti.  This seminar is accredited for 7.5 WV MCLE credits, including 1.2 Ethics credits.  It is also accredited for 7.5 RL/RPL credits and 7.5 CPL recertification credits through AAPL.  Additionally, we have applied for MCLE credit in OH, PA, 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 or dial (304) 293-7255.


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.