West Virginia State Bar Issues Advisory Opinion 10-001 Clarifying Rule 8 Pro Hac Vice Admission

Today the West Virginia State Bar announced that the West Virginia State Bar's Unlawful Practice of Law Committee has released Advisory Opinion 10-001, relating to questions from attorneys regarding its interpretation of Rule 8 of the West Virginia Rules of Admission to the Practice of Law, relating to admissions pro hac vice.

Advisory Opinion 10-001 addresses the following issues:

1. Whether the requirement in Rule 8 of of admission pro hac vice extends to matters in which no action, suit or proceeding is pending;

2. To what extent is the responsible local attorney required to participate in proceedings involving the attorney admitted pro hac vice;

3. Whether presiding judicial officers can "excuse" local counsel form participation or "waive" the requirement of participating; and

4. What limitations exist for attorneys seeking to be admitted pro hac vice, particularly their ability to be admitted on a frequent basis, or in multiple or consolidated actions.

West Virginia State Bar and Office of Disciplinary Counsel News

The West Virginia State Bar announced today that the Office of Disciplinary Counsel has a new website. Also, the West Virginia State Bar has redesigned its website design..

The new Office of Disciplinary Counsel website contains information about the disciplinary complaint process the function of the Lawyer Disciplinary Board, the Rules of professional Conduct and the disciplinary complaint process. The website also has links to all Legal Ethics Opinions issued by the Lawyer Disciplinary Board and recent disciplinary decisions issued by the Supreme Court of Appeals of West Virginia.

Also, the West Virginia State Bar announces that the West Virginia Supreme Court of Appeal has entered order with a proposed amendment to Rule 8, Rules for Admission Pro Hac Vice. The proposed amendment increases the fee pad to the West Virginia State Bar for each individual applicant for pro hac vice admission from $250 to $350. Public comment on the proposed rule is being received through January 25, 2010.
A copy of the proposed order:

Request for Comments on Proposed Amendment to Rule 8.0 Admission pro hac vice, of the West Virginia Rules of Admission to the Practice of Law

UPDATE (3/16/10):

The West Virginia State Bar's Unlawful Practice of Law Committee released Advisory Opinion 10-001, relating to questions from attorneys regarding its interpretation of Rule 8 of the West Virginia Rules of Admission to the Practice of Law, relating to admissions pro hac vice.

Advisory Opinion 10-001 addresses the following issues:

1. Whether the requirement in Rule 8 of of admission pro hac vice extends to matters in which no action, suit or proceeding is pending;

2. To what extent is the responsible local attorney required to participate in proceedings involving the attorney admitted pro hac vice;

3. Whether presiding judicial officers can "excuse" local counsel form participation or "waive" the requirement of participating; and

4. What limitations exist for attorneys seeking to be admitted pro hac vice, particularly their ability to be admitted on a frequent basis, or in multiple or consolidated actions.

WV Pro Hac Vice Admission Fees To Increase

The West Virginia Bar Blast reports that the pro hac vice admission fees for West Virginia will increase effective July 1, 2007. The fees will increase from $150 to $250. The West Virginia Supreme Court of Appeals entered the Court Order amending Rule 8.0 of the West Virginia Rules of Admission to the Practice of Law on March 19, 2007.

The complete Rules for Admission to the Practice of Law in West Virginia can be found on the Rules Section of the WVSCA website. Also, you may want to check out Advisory Opinion 93-005.

With April 15 quickly approaching out-of-state lawyers may also want to read the following summary by Susan Romaine on a 2006 tax publication issued by the West Virginia State Tax Department regarding tax obligation of nonresident lawyers. The West Virginia State Tax Department publication, Nonresident Lawyers - Tax Reporting and Filing Requirements, provides more details.

These requirements apply to any out-of-state law firm or attorney who enters for the purpose of practicing law or conducting business relating to the practice of law in The requirements are directed towards any attorney who enters the state for relatively short periods of time for the purpose of taking depositions, consulting with local legal counsel and clients, conducting discovery, attending court proceedings, and engaging in settlement negotiations and for trials or other work in The requirements apply to any attorney working under these conditions, whether they are paid on a contingency fee,hourly fee, or other basis.Out-of-state law firms and attorneys may be subject to any of the following taxes: business registration and franchise taxes, corporation net income tax, personal income tax on partnership and S-corporation income, consumer sales and service tax, local hotel/motel tax, personal income tax on employees, and the withholding tax.