Tuesday, March 16, 2010

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.

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