A lawyer, who is not a member of the West Virginia State Bar but who is currently licensed and authorized to practice law in another state, territory, or possession of the United States, may apply to appear as counsel pro hac vice in any case pending before a court, board or administrative agency in the State of West Virginia, if like courtesy is extended to members of the West Virginia State Bar in the jurisdiction in which the applicant has his or her principle place of business. The application must be in compliance with Rules 8 of the West Virginia Rules for Admission to the Practice of Law ( click here to view a copy of the rule).
Rule 8.0 requires the submission of a motion by a West Virginia licensed attorney who has his or her principle place of business listed in the State Bar’s database within the State of West Virginia. The motion must be accompanied by a verified statement of the counsel seeking pro hac vice admission that complies with the requirements of Rule 8. That Rule also requires the payment of a fee of three-hundred fifty dollars ($350) for each applicant in each case in which pro hac vice admission is sought. The motion, verified statement and fee are submitted electronically to the West Virginia State Bar at www.mywvbar.org. For purposes of this rule, each civil action with a case number, including in a situation where cases have been consolidated, constitutes a single case.
For matters pending in the United States District and Bankruptcy Courts for the Northern and Southern Districts of West Virginia, the State Bar accepts the Statement of Visiting Attorney in lieu of the motion and verified statement required by Rule 8.
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.