BAR BLAST_2012-06-12

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If you will be turning 70 years of age during fiscal year 2012-13, or have already reached that mark, AND are on inactive status, or plan to go on inactive status for this fiscal year, you are not required to pay an inactive fee.  If you have questions about going inactive, click here for a link to the Supreme Court of Appeals’ Definition of the Practice of Law.  If you fall into both categories, please send a letter making the request for a change to Over 70/Inactive Status to Anita Casey at 2000 Deitrick Blvd, Charleston, WV 25311 or  Questions?  Call 304-558-7993.


The West Virginia Rules of Professional Conduct allow attorneys who are licensed to practice law in the State to register as a Limited Liability Organization.  In order to insure that the professional limited liability organization is in compliance with the laws of The State of West Virginia, the organization is required to file a renewal application with The State Bar each year. Any change in the corporate organization from the prior year must be reported. Current certificates of insurance, confirming that the organization is in compliance with the minimum limits of coverage required by the Secretary of State’s Office, must also be provided.

We now have a brand new website where you can renew your PLLC online and pay by credit card. If you have any questions and/or have not renewed your PLLC yet please contact Mike Mellace for instructions.

The deadline to complete all PLLC Annual Renewal’s is July 1, 2012.


Effective Monday, June 11, 2012, the United States District Court for the Northern District of West Virginia will change its civil case opening procedures allowing registered attorneys to file initiating documents electronically via CM/ECF into a shell case.  This new case opening procedure will allow attorneys to file the initiating documents without the assistance of the Clerk’s Office.  Upon filing the initial pleadings into CM/ECF, a Notice of Electronic Filing (NEF) will be provided to the attorney documenting the filing date.  Detailed instructions on how to file the civil case initiating documents in CM/ECF are contained on the Court’s website at


The 2010-2012 reporting period will end on June 30, 2012. The filing deadline is July 31, 2012. If necessary, you may take courses in the month of July 2012 and carry the credits back to meet the 2010-2012 requirement without any penalty. Courses carried back may NOT be split between two different reporting periods. You may carry over six excess general credits earned to the 2012-2014 reporting period. You may check your credits online and file approved activities completed using the State Bar’s website if you have an e-mail on file with the State Bar office. To access your records, go to, click on MCLE, then click Member Login.  If you have not used the new online submission program, you will need to go to the Password Reset Feature, enter your e-mail as on file with the State Bar, and click reset password.  You will then receive an e-mail with a link to create your password.  The password must be created within one hour.  You may then review your credits and submit credits online.  You may access the reporting period, the requirements, and forms by double-clicking MCLE on the website.  If you have questions, contact Hope Gresham


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


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. 

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 in the Chamber of the House of Delegates, Maryland lawyer and mediator Carolyn Rodis will give a presentation approved for 2.4 general CLE hours (no ethics hours available).  Ms. Rodis will speak about financial exploitation of seniors and the growing specialty of elder mediation.  Space is limited.  Please click here for a flyer about the event and to RSVP.  For any questions about this event please contact Melissa Wright with Legal Aid of West Virginia at 304-414-5429 or This event is hosted by the WV Financial Exploitation Task Force made possible with support from the Senior Medicare Patrol Grant.


The New WV Durable Power of Attorney Act and Other Important Estate Planning Issues (In Memory of Bruce L. Stout) WVCLE will present “Estate Planning Update: The New WV Durable Power of Attorney Act and Other Important Estate Planning Issues” seminar on June 15, 2012, live at the WVU Medical Center- Charleston Division, Charleston, West Virginia.  This seminar is dedicated to our friend and colleague, Bruce L. Stout, who served more than 25 years on the CLE Committee and spent thousands of hours educating lawyers, law students and the public about wills and estates.  Speakers include:  John F. Hussell, IV; Audy M. Perry, Jr.; Christopher J. Winton; John F. Allevato; Marcia A. Broughton; David R. Croft; and Rachael Cipoletti.  This seminar is accredited for 7.5 WV MCLE credits, including 1.0 Ethics credits.  We have also 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 Click Here or dial (304) 293-7255.


On June 21, 2012 The West Virginia State Bar’s Government Lawyers Committee will present its Government Lawyer Hot Topics CLE at the State Capitol. Come join us for a day full of sessions addressing issues such as FOIA, WV S.CT. UPDATES, HITECH BREACH RULE REVIEW and more 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 isJune 18th. 

Bring your laptops as session materials will only be on CD’s!

Click here to Register.

Click here for the Agenda.


With the generous support of the Maier Foundation, WVCLE will present “Practicing Law Ethically in the 21st Century: Bridging the Digital Divide” seminar on June 22, 2012, will be held live at the WVU Medical Center- Charleston Division, Charleston, West Virginia.   A national faculty will address Ethics and E-Lawyering, Information Security for Lawyers and Their Clients, the WV Rules of Professional Conduct and the Impact of E-Lawyering and Technology, and an Overview of the ABA’s Commission on Ethics 20/20 Proposal to Amend the Model Rules. The faculty include:  Sharon D. Nelson; John W. Simek; Professor Andrew M. Perlman; and Rachael Cipoletti.  This seminar is FREE for all WV State Bar Members admitted AFTER June 30, 2011, and all law students. The course is accredited for 4.7 WV MCLE credits, including 4.7 Ethics credits.  It is also approved for 4.0 VA MCLE credits, including 4.0 Ethics credits, and 4.0 OH MCLE credits, including 4.0 Ethics credits.  We have also applied for MCLE credit in PA and KY.  The course begins at 9:00 a.m. on Friday morning and adjourns at 1:15 p.m.  An open house will immediately follow at The West Virginia State Bar Center.  If you would like to register for this seminar click here or for more information, please or call (304) 293-7255.


Registration is now open for the 2012 Court Improvement Program cross-training conferences.  There is no fee for the conferences, which will take place July 23-24 at the Charleston Marriott and July 26-27,2012, at Lakeview Resort in Morgantown.  To view the brochure and register, click here.