The Supreme Court of Appeals is Requesting Comment on Proposed Revisions to the Governance Documents for the West Virginia State Bar – the proposed revisions are set forth in the Court’s order. Click Here to view the proposed revisions.
Highlights of Proposed Revisions are –
Constitution – Archaic provisions are eliminated and changes to membership article in accordance with modern practice
Definition of the Practice of Law –Archaic provisions eliminated
Bylaws
High-level governance with most administrative detail moved to rules
Provides greater flexibility to the Bar
Clearer definition of membership classes
Greater detail on suspended members
Greater detail on resigned members
Grants Board the authority to set fees (other than annual dues)
Clarifies that Immediate Past President is Board member
Expands Board term to four years beginning 2019, thereby fostering a continuation of expertise; election cycle expanded to four years, thereby evening out number of new Board members coming onboard each year
State Bar Districts remain unchanged
Clarifies election of Vice-President
Unlawful Practice Committee revised in accordance with recent case law
Sets authority for State Bar Administrative Rules
New article on communication with Bar
New article on legal practice entities
New article on JLAP
New article on Young Lawyer Section
State Bar Administrative Rules
Clarifies membership register and obligation to maintain current information
Defines how membership information may be used and member opt-out options
Provides detail on firm administrators
Provides flexibility in the methods for payment of membership fees
Provides a ceiling for meaningful late fees
Clarifies how sanctions for nonpayment affect membership classes
Updates paper ballot election process in accordance with modern practice
Integrates and reconciles three different MCLE governance documents
Updates Bridge-the-Gap program in accordance with recent YLS proposal
Allows CLE credit for certified pro bono service for specified entities
Sets forth a new procedure for Unlawful Practice Committee proceedings in accordance with recent case law in order to preserve the State Bar’s antitrust immunity
Updates the Emeritus Attorneys’ Pro Bono Participation Program
Incorporates the existing stand-alone rule for the WVJLAP
Sets forth a new IOLTA distribution protocol as recommended by the IOLTA Advisory Committee
Provides a method in two new rules for the State Bar to pre-certify legal practice entities
Sets forth a new rule detailing the Young Lawyer Section
Sets forth a new rule related to succession planning for sole practitioners
