August 17, 2021
News
ANNUAL MEMBERSHIP REPORTING & FEE NOTICE
September 1, 2021 DEADLINE
It is time to complete reporting and pay fees for the 2021-2022 fiscal year. The deadline for reporting and paying fees is on or before midnight, September 1, 2021. To complete the reporting process go to https://wvbar.org/2021-22/ and click on the Membership Reporting and fees 2021-2022 tab.
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KELLER NOTICE TO STATE BAR MEMBERS
The time schedule to follow on Keller issues is available on the State Bar’s website or  Click here for Keller Notice . If any member has questions concerning this matter, please contact Anita Casey at The West Virginia State Bar at 304-553-7228 or by email at casey@wvbar.org.  
Challenges should be directed to Executive Director Anita Casey and may be submitted by mail: 2000 Deitrick Blvd., Charleston, WV 25311 or email: casey@wvbar.org
UPCOMING BAR EVENTS – COVID ANNOUNCEMENT
The State Bar is monitoring, on a daily basis, National, State and local health and safety updates regarding the COVID-19 pandemic.  The Bar wants to keep all members, staff, visitors, and others safe.  Participants at upcoming Bar events, including but not limited to the Board of Governors’ meeting and Regional meetings, may be asked to wear masks, social distance, and comply with any State or local health department mandates/protocols. As events draw near, the Bar will advise you, via the Bar Blast, of any mandates/protocols on scheduled gatherings.  
TERMINATION OF PATIENT INJURY COMPENSATION FUND ASSESSMENTS ON CLAIMS FILED UNDER MPLA
The WV Board of Risk and Insurance Management (BRIM) has determined that claims in the Patient Injury Compensation Fund (PICF) are now fully funded. Under W. Va. Code Section 29-12D-1a(d), the required 1% assessment of the gross amount of any settlement or judgment in a qualifying claim under the MPLA will terminate if the liability of the PICF is funded in its entirety. As all claims are now fully funded, these assessments are no longer required to be remitted to BRIM for deposit into the Fund. 
Questions should be directed to Mary Jane Pickens, Executive Director, WV Board of Risk and Insurance Management at maryjane.pickens@wv.gov 
WVSB PHOTO ID CARD ONLINE REGISTRATION NOW AVAILABLE

The WV State Bar is happy to announce that Photo ID Cards can once again be requested online. If you have a West Virginia Driver’s license, you can request that a card be mailed to you using your existing driver’s license photo. If you do not have a West Virginia driver’s license, you can still request the card online then take your receipt to any WV DMV office to have your photo taken. 
FREE CLE CREDIT FOR PRO-BONO WORK

New West Virginia State Bar Administrative Rule 6.05(f) allows attorneys to earn one credit hour of CLE for every three completed hours of pro bono legal services performed at one of the organizations named in the rule (see logos below). Attorneys cannot earn pro bono credit for legal services performed at any other organization. You can earn a maximum of 6 pro bono CLE credits per reporting period (equal to 18 hours of pro bono work). No pro bono credits carry over to future reporting periods.  
REQUIREMENTS FOR LEGAL CORPORATIONS (LCs) AND
LIMITED LIABILITY ORGANIZATIONS (LLPs and PLLCs)
 
Effective January 1, 2020, the Supreme Court of Appeals approved State Bar Administrative Rule 11 concerning Legal Corporations. Any legal corporation approved under Rule 11 to provide professional services in West Virginia shall comply with the requirements of the Rule. Click here for Rule 11 Application
 
Also, effective January 1, 2020, the Supreme Court approved State Bar Administrative Rule 12 concerning Limited Liability Organizations. Administrative Rule 12.04(b) requires each limited liability entity engaged in the practice of law to carry $1 million in professional liability insurance for the “satisfaction of judgments against the limited liability organization and its partners or members.” See also W.Va. Code §31B-13-1305(e). If the required insurance has lapsed, the limited liability organization becomes ineligible to continue providing legal services and its authorization to transact business in the State may be terminated by the Office of the Secretary of State. Click here for Rule 12 Application
 
Due to COVID-19, the State Bar was unable to implement all the requirements of Rules 11 and 12 in 2020. The State Bar has renewed its collaborative relationship with the Office of the Secretary of State and anticipates that the requirements will be in full force and effect by January of 2022. 
 
In order to be in compliance with all the requirements of Rule 11 or Rule 12, each organization subject to the respective rules should, as soon as practicable, review the Rule requirements and file a renewal application, along with the required documentation.
           
CLICK HERE to renew your organization and bring it into compliance. Questions regarding Rules 11 and 12 may be directed to caseya@wvbar.org. Technical questions regarding applications and renewals may be directed to mellacem@wvbar.org
"Tuesday Legal Connect" Needs Your Help
The State Bar is in need of volunteer attorneys for all Tuesday evenings In August 2021 to field legal questions from the public as part of the "Tuesday Legal Connect" program. Volunteers from anywhere in the state can now work remotely from their home, office etc. All you need is a telephone and a computer/laptop/tablet!  
If you would be interested in helping in August, please email Kathy Carpenter at kcarpenter@lawv.net  as soon as possible. 
WV Bar Elder Law Committee
The new chairperson of the Elder Law Committee has asked that the Mission Statement and upcoming Meeting Dates be shared with all State Bar Members. If you are interested in joining the Committee or attending a meeting click here to contact Chairperson Doreen L. Seamon

MISSION STATEMENT 
The mission of the WV Bar Elder Law Committee is to assist in the education and professionalism of attorneys, legal professionals and the general public regarding issues facing the elderly as well as persons with special needs in West Virginia. In addition, the committee shall comment on pending legislative proposals and seek appropriate revisions to existing legislation.
 
Schedule of the WV Bar Elder Law Committee 
The Elder Law Committee will meet at least quarterly (July, October, January and April) on a Thursday from 12:00 to 1:00 p.m. in a hybrid form of either in person and/or virtually via Zoom.
 
The tentatively scheduled meetings for 2021-2022:
·        October 21, 2021 (Thursday)
·        January 13, 2022 (Thursday)
·        April 14, 2022 (Thursday)
·        July 14, 2022 (Thursday)
·        October 13, 2022 (Thursday)
Events
Filing an appeal in a Child Abuse and Neglect Case 
Friday, August 20, 2021 Noon to 1:00 p.m. Webinar

Sponsor: West Virginia Court Improvement Program
Location: WebEx - Webinar
CLE: 1 credit
Speaker: Edyie Gaiser, Clerk Supreme Court of Appeals of W. Va.
Cost: None
The Rise of Data Law: A Discussion of Privacy & FinTech Issues
with an Update from the Director of the
Center for Consumer Law and Education
Sponsor: The West Virginia Bar Association
Location: Online (Zoom)
CLE: WV – 1.20 credits; applied for OH – 1 hour
Speakers: Matthew Stonestreet, The Giatras Law Firm, and Jonathan Marshall, The Center for Consumer Law and Education
Event is FREE for WV Bar Association members and $10 for non-members. 
or contact Tessa White at director@wvbarassociation.org
  Lunch and Laughs With A Legend
September 10, 2021 at 11:30 a.m.

The West Virginia Bar Foundation invites all Attorneys and Judges to the upcoming "Laughs and Lunch with a Legal Legend" Friendly Roast of the Honorable Margaret L. Workman, Former Justice of the Supreme Court of Appeals of West Virginia

Host: West Virginia Bar Foundation
Location: Erickson Alumni Center, Morgantown, WV
Cost: $60.00 to benefit the philanthropic work of the Foundation

To reserve your seat, e-mail Executive Director Deb Scudiere at debrascudiere@gmail.com or call at 304-282-2462.
Basic End of Life Planning: Powers of Attorney,
Living Wills, and Simple Wills
 Wednesday, September 15, 2021, from 1:00 p.m. to 3:00 p.m.
 
Cost: Free. Legal Aid of WV asks that attendees take a pro bono wills case within 12 months of the training.
CLE: 2.4 credits 
Course Description: This two-hour seminar will provide basic training on end-of-life planning, including a discussion and explanation of powers of attorney, medical powers of attorney, living wills, and simple wills. The presenters will also review current law, the Five Wishes advance directives, special needs trusts, and the transfer on death deed.
Location: Virtual or In-person: Virtual will be via GoToWebinar. In-person attendance offered at Charleston Legal Aid office for a maximum of 6 (six) attendees
Sign-up: https://attendee.gotowebinar.com/register/9022753362731530768  When registering, note in the “Questions and Comments” box if you are planning to attend the in-person training.
SAVE THE DATE- FREE WEBINAR
SEPTEMBER 22, 2021 (9:00 a.m to Noon)
Dealing with Discovery Issues Involving Psychiatric Records and Treatment for Both Civil and Criminal Plaintiffs and Defendants

Location:  Webinar
Host: State Bar
CLE: 3 credits (pending)

More Information coming soon
CLE Announcements
Temporary Waiver of Online and In-house
Continuing Legal Education Credit Limit

Due to ongoing concerns associated with the COVID-19 virus, the Supreme Court of Appeals of West Virginia has granted a request from the Mandatory Continuing Legal Education Commission for a temporary waiver of current CLE rules and regulations which limit the CLE credits for online and in-house credits to 12 credits, or half of the mandatory continuing legal education requirements FOR THE 2020-2022 reporting period.

Extension of the Bridge the Gap Requirement
Attorneys admitted to the WV State Bar between July 1, 2018 and December 31, 2020 have been granted a one-year extension of time to complete the mandatory Bridge-the-Gap Program.
The extension was based on a determination by the Court that attorneys within that time frame were adversely affected by the cancellation of the Bridge-the-Gap program scheduled in April 2020 due to COVID.