HB 5366
Relating to rules governing the practice of law
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to establish a West Virginia State Bar under the Supreme Court of Appeals. It clarifies the Supreme Court’s authority to create and enforce rules governing the practice of law, including ethical codes and disciplinary procedures. Importantly, the bill ensures that records maintained by the court regarding attorney discipline are considered confidential and are not subject to public records requests.
Key provisions
- Establishes a West Virginia State Bar under the Supreme Court of Appeals.
- Defines the practice of law and creates a code of ethics for attorneys.
- Prescribes procedures for disciplining and disbarring attorneys.
- Authorizes the Supreme Court of Appeals to create and amend rules governing the legal profession.
- Sets a fee schedule for the West Virginia State Bar.
- Confirms that records related to attorney discipline are confidential.
- Requires attorneys at law to be members of the West Virginia State Bar.
- Specifies a process for the West Virginia State Bar to obtain attorney input on its constitution and bylaws.
Who is affected
- Attorneys at law
- The Supreme Court of Appeals of West Virginia
- The public (regarding access to legal records)
- The judicial department of West Virginia state government
Notable changes
- Creates a dedicated West Virginia State Bar.
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