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PUBLIC FORUM - The West Virginia Access to Justice Commission is holding a series of public forums around the state.  The next forum will be held today November 1, 2011, from 6:00 to 7:30 pm at the WVU College of Law, Moot Court Courtroom, 101 Law Center Drive, Morgantown, WV.  While it isn't required , the Commission asks that individuals who wish to address the Commission, sign up in advance.  They may do so by contacting the director, Deborah Bogan, via e-mail at deborah.bogan@courtswv.gov, or by fax at 304-558-1212, or by phone at 304-558-0145.  Each speaker will have a designated period of time allotted to them to convey their message.  There will be American Sign Language and Spanish language interpreters available.  If someone you know has experienced barriers to the civil legal system, please encourage them to sign up to speak, or do so yourself, at the WVATJ public forums. For more information on the Access to Justice Commission and the forums, click here.

 

"High Profile Criminal Cases - A 360 Degree Perspective" will be the featured topic of The West Virginia Bar Association's Young Lawyers' Legal Ease program on November 3, 2011 at Edgewood Country Club, Charleston, WV.

Program begins at 6:00PM with Hon. Tod J. Kaufman, R. Booth Goodwin II, and Robert B Allen.

Cocktails and Roasted Pig Dinner will follow the CLE program - spouses and guests welcome.

Contact The WVBA for registration details: director@wvbarassociation.org or 1-800-944-9822.

PRO BONO REFERRAL PROJECT OFFERS FREE CLE DURING NATIONAL PRO BONO CELEBRATION WEEK. In recognition of National Pro Bono Celebration week, which is sponsored by the American Bar Association, the Pro Bono Referral Project is offering the following free legal trainings for West Virginia attorneys. 

"Keeping Your Head Above Water: How NOT to Commit Malpractice in Nicholas County"- Friday, November 4, 8:45 a.m. - 12:15 p.m. at the Courtroom of the Honorable Gary L. Johnson, Nicholas County Courthouse. Approval for 3 MCLE credits, including 1 ethics credit, is pending. Contact Mona Perry at 304-255-0561, ext. 2218 or

FIFTH ANNUAL SOLO & SMALL FIRM CONFERENCE - WVCLE, with the support of The West Virginia State Bar, will be presenting the "Fifth Annual Solo & Small Firm Conference" on November 4-5, 2011, at the WVU College of Law in Morgantown, West Virginia. This conference features national and state experts addressing issues faced by solo and small firm practitioners. The 2011 Solo & Small Firm Conference will feature two concurrent tracks of courses from which to choose and is accredited for 10 WV MCLE credits, including up to 10 Ethics/L.O.M. credits. Topics include: The Top Ten Malpractice Traps and How to Avoid Them � IPAD for Lawyers: There's an App for That � Legal Technology Trends and Strategies to Capitalize on the Best of What's Out There � The Lawyer as an Employer � Cloud Computing and SaaS - What Does it Mean and Should you Consider it? � Starting a Marcellus Shale Oil and Gas Practice � "Your Money & Their Money: Trust Account Do's and Don'ts, Back Office Tips on Handling Client Property and Managing Bank Accounts, Rules Regarding the Billing and Collection of Fees, and Lawyer Trust Account Scams" � Foreclosures and Short Sales � Lawyer's Guide to Time, Billing, and Accounting Software � The Top Ten Technology Traps and How to Avoid Them � What Every Lawyer Needs to Know About the New West Virginia Uniform Trust Code � Outlook Email Management for Lawyers � Tips for Mastering Microsoft Word, and Successful Trial Presentations for Lawyers.Breakfast, lunch, breaks, and Friday reception are FREE, compliments of WestLaw, the West Virginia State Bar, ALPS, and Wells Fargo. If you would like to register for this conference or for more information, please CLICK HERE or call (304) 293-7255. 

PROPOSED RULE CHANGES TO CREATE A NEW WEST VIRGINIA LAWYER ASSISTANCE PROGRAM. The Court is asking for comments.  To review the document select this link. (Click here)

Government Lawyers State Agency Defense Counsel Practice Group sub-Committee, will hold its second meeting on Thursday, November 17, 2011 at 3 p.m. at the State Bar Center, Charleston, WV. The object of the group is to discuss procedures for BRIM litigation and state government agency defense strategies. Any state government lawyer or Chartis panel counsel is welcome to attend. Chartis and Brim staff will be at the front end of this meeting.  

 

NOW ACCEPTING CJA PANEL APPLICATIONS. The U.S. District Court for the Southern District of West Virginia is now accepting applications for membership to the Criminal Justice Act (CJA) Panel and the CJA Training Panel. CJA Panel attorneys represent financially disadvantaged defendants who are charged with federal crimes and, in some cases, involved in related civil matters. The Court seeks competent, dedicated attorneys who are committed to the representation of the financially disadvantaged. The current hourly attorney compensation rate is $125/hour. Please visit www.wvsd.uscourts.gov for the application form and additional information.  

The application deadline is November 18, 2011. For questions, please contact Mary Claire Davis, CJA Supervising Attorney, at (304) 347-3000 or maryclaire_davis@wvsd.uscourts.gov

Mark your calendars:    The Family Law Committee has set regular meeting times.  They will be meeting the 2nd Friday of each month at 10:30  beginning December 9th.  Since the State Bar will be moving its offices that month, the meeting will be at Chair, Lyne Ranson Law offices 1528 Kanawha Blvd.   Starting on January  13th, the meetings will be at the new State Bar offices at North Gate.   Please let Kathy Henning (304.558.1044 or henningk@wvbar.org)  know if you will be attending.  She will be ordering lunch delivered for those members only.
 

REQUEST FOR COMMENT ON PROPOSED GUIDELINES FOR GUARDIANS AD LITEM IN FAMILY COURT; AMENDMENTS TO TRIAL COURT RULE 21; AND AMENDMENTS TO RULE 47 OF THE RULES OF PRACTICE AND PROCEDURE FOR FAMILY COURT. By Order entered October 21, 2011, the Court requested public comment on proposed guidelines related to the appointment of guardians ad litem in family court, along with a proposed amendment to Trial Court Rule 21 related to compensation of guardians and other matters. The public comment period ends December 31, 2011.

 

Consider volunteering with the Pro Bono Referral Project during National Pro Bono Celebration week  - The Pro Bono Referral Project, a joint venture between the West Virginia State Bar, Legal Aid of West Virginia and West Virginia Senior Legal Aid, will join other pro bono programs across the country this week to recognize and thank current volunteers and to ask others to provide services to those in need as a part of 2011's National Pro Bono Celebration week. National Pro Bono Celebration week is sponsored by the American Bar Association's Standing Committee on Pro Bono and Public Service and encourages and supports the efforts of those across the nation to increase local pro bono efforts and to recognize the difference that pro bono lawyers make in the lives of their clients.

 

Please take this week to consider volunteering your time with the Pro Bono Referral Project to help low income West Virginians who are in need of legal assistance.

 

To learn more about National Pro Bono Celebration week activities or to sign up to volunteer with the Pro Bono Referral Project, contact Catherine Eckley at ceckley@lawv.net or 304-343-3013, ext. 2167 or contact your local Legal Aid office.   

 
YOUR BOARD AT WORK - The West Virginia State Bar board of governors met October 21/22 at Parkersburg.  The board reviewed, and unanimously approved, the proposed purchase of a replacement headquarters building.  The new bar facility is located in NorthGate Business Park at Charleston, and will be convenient and appropriate for its intended use. 

 

The board reviewed and discussed all aspects of the state bar budget.  Thanks to the assistance from Sue Troy, the state bar's first in-house professional accountant, the board was able to evaluate and compare costs by specific line items. 

 

Two factors have reduced the bar's fixed facility and utility costs.  First, the Supreme Court help was significant with regard to relocation and rent for Office of Disciplinary Counsel (ODC).  Second, the annual cost of the bar facility will be reduced because payments and expenses on the new building will be less than the costs incurred through the prior lease arrangement with the foundation.

 

The board was updated as to steps taken by the executive director and officers to computerize dues collections and CLE data input.  The board hopes that the resultant cost savings and staff retooling can allow the bar to continue and improve services within available funding.  With the current structure, the West Virginia State Bar dues remain quite low when matched to similarly sized state bars which provide comparable services.

 

The board was apprised of the increasing case load for ODC, which correspondingly takes an ever increasing percentage of the state bar's available fixed revenue. 

 

The board heard and approved IOLTA distributions as recommended by the IOLTA advisory committee.

 

The board considered and approved the recommendations of Steve Thompson on behalf of the MCLE Commission with regard to amending the MCLE rules to mandate written materials for all programs.  The amendment enumerates limited exceptions.  There is a specific exception that permits local bars to present accredited one hour programs without the necessity of preparing or distributing written materials.

 

The board also approved appointment of the initial board members who will service the new Lawyer Assistance Program that is funded in part by a grant from ALPS and in part from bar membership dues.  The board universally acknowledged that the program would not have previously existed were it not for countless years of volunteer service and leadership by the late Arch Riley of Wheeling.

 

At the conclusion of the meeting, the board met in executive session for approximately one hour to discuss employment and personnel issues.  No actions or votes were taken during the executive session.

LAWYER REFERRAL SERVICE - Sign up now to be part of the State Bar's Lawyer Referral Service (LRS). LRS gives you access to potential clients and also assists with providing a service to our citizens in our State who seek legal advice and counseling. Through its companion Service, the Lawyer Information Service, referrals are made to lawyers who are part of LRS. These referrals are screened and designated to go to lawyers who practice in specific areas of law and in specific geographic locations. Clients referred pay you a one time $25 fee for the consultation and in the event you take the matter, you determine the contractual relationship with your new client. The State Bar has no involvement except to facilitate the referral from the public to the Lawyer Information Service. For a limited time, the State Bar is waiving the $50 annual fee. If interested in the Lawyer Referral Service, please contact Don Ryan at ryand@wvbar.org or 304-558-8920.  Click here for a Registration Form.

 

UPCOMING FASTCASE WEBINARS - Click here to review a complete listing of upcoming Fastcase webinars.    

 

These Fastcase webinars have now been approved for 1.20 online (audio/video type) office management credits each.