About: A lawyer who is not a member of the West Virginia State Bar, but is currently licensed and authorized to practice law in another state, territory, or possession of the United States of America (hereinafter called an “out-of-state lawyer”) may apply to appear as counsel pro hac vice in a particular case before any court, board or administrative agency (hereinafter called “tribunal”) in the State of West Virginia upon compliance with this rule, if like courtesy or privilege is extended to members of the West Virginia State Bar in such other jurisdiction.
Rule 8.0 of the West Virginia’s Rules for Admission to the Practice of Law requires a fee of three-hundred fifty dollars ($350) to be paid to The West Virginia State Bar for each individual applicant in each individual pro hac vice admission. The fee shall accompany a verified statement of application for pro hac vice admission and a motion from West Virginia Local Counsel which is submitted electronically to The West Virginia State Bar at www.mywvbar.org. The applicant’s motion for pro hac vice admission shall include a verified statement that the fee has been paid to The West Virginia State Bar. Pro hac vice admission is required in every case in which the applicant seeks to act as counsel. For purposes of this rule, each civil action with a case number shall constitute a single case.
(To view a complete copy of Rule 8.0, which sets out the requirements referenced above, click here.)
In lieu of the format required by Rule 8.0, The West Virginia State Bar accepts the Pro Hac Vice forms required to be filed by the United States District Courts for the Northern and Southern Districts of West Virginia.
Effective January 1, 2015, Out-of-state lawyers admitted pro hac vice for one year or more in one or more cases must pay an annual fee of three-hundred fifty dollars ($350) in addition to the application fee required in Rule 8(c). The annual fee is charged per lawyer, not per case. The West Virginia State Bar will provide an annual statement of fees due to each out-of-state attorney after the initial application fee required in Rule 8(c) is submitted. Failure to pay the annual fee within thirty days of the due date in any annual statement will result in termination of the pro hac vice admission. Out-of-State lawyers will be notified via email 30 days prior to the annual fee being due. Upon conclusion/dismissal of the case you must submit a signed dismissal order or documentation that confirms the closure of the case (see instructions below).
Instructions – Pro Hac Vice Admission
- Log in at www.mywvbar.org
- Click on the “Submit New Pro Hac Vice Case” button on the “PHV Dashboard”
- Enter Case Number, Tribunal, Judge, Attach Associated Files and select “Continue to Step 2”.
- Click “Add Local Attorney” to search by “last name, first name”, click on the members name from the drop down box and then click “Save”. To add additional Local Attorneys click “Add Local Attorney” again
- Click “Continue to Step 3”
- Click “Add Out-of-State Attorney” to search by “last name, first name”, click on the attorneys name from the drop down box and then click “Save”.
- Click “Continue to Step 4”
- Select your Payment Method and click “Pay Now”
- A receipt or invoice will be sent to you via email. If you chose to pay via check you must include the invoice when sending payment to the State Bar or the check will be returned.
Instructions – Conclusion/Dismissal of Case
- Log in to www.mywvbar.org
- On your PHV Dashboard under the “Actions” Column select “Close Case”
- Attach dismissal order and click save.
If you have withdrawn from a case: Contact the State Bar at PHV@wvbar.org with the details.