NON-LAWYER REPRESENTATION IN ADMINISTRATIVE HEARINGS
On September 3, 2015, public hearings were held before the State Bar’s Unlawful Practice of Law (UPL) Committee on concerns that had been received regarding non-lawyers representing claimants before state administrative agencies. In July 2018, the UPL Committee submitted a report to the West Virginia Supreme Court regarding the Committee’s findings on non-lawyer representation of claimants in various administrative proceedings. By letter dated November 19, 2019, the Supreme Court declined to adopt the recommendations in the report citing the statutory authority for non-lawyers to represent individuals before various state administrative agencies. The Court advised that, absent an actual case or controversy being presented before the Court, the Court would not entertain a challenge to the statutory authority.
The State Bar will make the report and Supreme Court response available upon written request to Anita R Casey, Executive Director, The West Virginia State Bar, 2000 Deitrick Blvd., Charleston, WV 25311.