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Rules for Admission to the Practice of Law
Table of Contents
Table of Contents
Board of Law Examiners
General requirements for admission
Admission by examination
Applicant for admission by examination
West Virginia Bar Examination
Bar examination procedures
Review; reexamination
Admission by transferred UBE score
Admission without examination
Application
Requirement of good moral character
Criminal, disciplinary and civil proceedings
Multistate Professional Responsibility Examination
Notice of adverse determination
Resident professors of law
Military Spouse Temporary Admissions
Requirement of good moral character of applicant
District Character Committees
Procedure of demonstration of good moral character
Procedure upon adverse character determination [Abrogated]
Review by District Character Committee [Abrogated]
Administrative hearing procedure
Admission procedure
Conditional Admission
Admission pro hac vice
Limited permission of attorneys of other states
Rule relative to legal assistance by law students to persons unable to pay for legal services
Requirements and limitations
Certification
Other activities
Supervision
Miscellaneous
Board of Law Examiners
Membership. — The Board of Law Examiners shall consist of seven (7) members of the West Virginia State Bar who shall each be residents of the State of West Virginia or be employed full time within the State of West Virginia, and shall be appointed by the Supreme Court of Appeals of West Virginia. The term of all members shall be seven years, except that the original appointments to the new seven-member Board shall be for terms of one, two, three, four, five, six and seven years, respectively. Term of office shall begin on the first day of January of the appropriate year and end on the thirty-first day of December of the appropriate year. Any vacancy on the Board shall be filled by the Supreme Court of Appeals by appointment for the unexpired term. All members of the Board shall be eligible for reimbursement for travel and other expenses incidental to the performance of their duties. Members of the Board who are not judicial officers shall be considered temporary employees of the Supreme Court of Appeals only for the limited purpose of payment and shall receive W-2 compensation. The limited nature of the classification shall not subject the non-judicial members to any of the rules or requirements set forth in the West Virginia Judicial Personnel System Manual or the Code of Judicial Conduct. Members shall not be conflicted off any case or controversy before any court in West Virginia by virtue of their affiliation with and service on the Board.
Removal. — No member may be removed from office except for official misconduct, incompetence, neglect of duty or immorality, provided, that the expiration or revocation of the professional license, or change of residency or employment qualification of a member of the Board shall be cause for his or her removal.
Geographic representation. In making appointments to the Board, the Supreme Court of Appeals shall, so far as may be possible and practicable, select the several members from different geographical sections of the State.
Prohibited contacts. — Contact regarding bar examination results or admission concerns by telephone or otherwise with individual members of the Board of Law Examiners, with individual Justices of the Supreme Court of Appeals, or with graders of the West Virginia Bar Examination, by an applicant, or his or her representative, is prohibited.
Civil immunity. — The Board of Law Examiners and its District Character Committees, their members and employees, shall be absolutely immune from civil suit in the same manner as members of the judiciary in this State for any conduct or communication in the course of their official duties. "Official duties" for the purpose of this Rule includes but is not limited to any conduct or communication dealing with the Bar examination, the character and fitness qualification review and investigation, and any other conduct involved in the licensing of persons seeking to be admitted to the practice of law in West Virginia.
Qualified immunity. — Those persons, including any person, firm, or institution, providing records, statements of fact or fact and opinion, or other information regarding an applicant for admission to the practice of law to the Board of Law Examiners, the District Character Committee members, their employees or agents, shall be immune from civil suit for any conduct or communication sought or given in connection with the licensing of persons seeking to be admitted to the practice of law in West Virginia absent a clear and convincing showing that the information provided is defamatory and published by the informant with "actual malice". For purposes of this rule, "actual malice" means the informant provided the defamatory information with (a) knowledge by the informant that the defamatory information was false at the time of its publication or, with (b) willful and reckless disregard of truth by the informant at the time of its publication. For purposes of this rule, "defamatory" means that the statements or information tends to cast shame, contumely and disgrace upon the person referenced by the statement or information in question.
Discoverability of investigative materials. — All information provided, documents filed, or testimony given with respect to any investigation or proceeding under these rules shall be privileged and nondiscoverable in any civil suit absent a court order finding that the movant seeking the discovery is (1) the person who is referenced by the alleged defamatory statement or information which is the subject of the discovery request (2) the information, document or testimony is sought to prove an action pursuant to Rule 1 (f) only and (3) the movant establishes a prima facie showing to the court of the elements necessary to sustain an action under Rule 1 (f) in regard to the document or information sought in the discovery request. Any materials released pursuant to such court order will remain privileged as to any other use.
[As amended by order entered June 14, 1995, effective September 1, 1995; by order entered November 26, 2002, effective November 26, 2002.]
General requirements for admission
An applicant is eligible for admission to the practice of law in West Virginia upon establishing to the satisfaction of the Board of Law Examiners: (1) age of at least eighteen (18) years; (2) good moral character and fitness; (3) graduation from an approved college or university with an A.B., B.S., or higher degree, or its equivalent; (4) graduation from an approved law school with an L.L.B., J.D., or its equivalent under Rule 3.0(b); (5) passing score on the West Virginia General Bar Examination, the Uniform Bar Examination ("UBE"), or qualification under Rule 4.0, et seq.; and (6) passing score on the Multistate Professional Responsibility Examination ("MPRE") within twenty-five months of achieving a passing score on the West Virginia Bar Examination; within twenty-five months of achieving a passing score on the UBE, or within twenty-five months of an application for admission on motion. Any conviction for false swearing, perjury or any felony, and the applicant's prior and subsequent conduct, shall be considered in the determination of good moral character and fitness.
[As amended by order entered July 25, 2001, effective immediately.]
Review of board decisions. — The Supreme Court reviews de novo the adjudicatory record made before the board of law examiners with regard to questions of law, questions of application of the law to the facts, and questions of whether an applicant should or should not be admitted to the practice of law. In re Dortch, 199 W.Va. 571, 486 S.E.2d 311 (1997)
Admission by examination
Course of study. — Unless otherwise specified herein, any person who wishes to take the bar examination in the State of West Virginia shall satisfy the Board that he or she has completed a full course of study in a law school accredited by the American Bar Association, or its equivalent, and has been granted and holds a degree of L.L.B. or J.D., or their equivalents, and a degree of A.B. or B.S., or higher degree, from an accredited college or university, or its equivalent.
Policy on equivalency. — The Board of Law Examiners will consider the following circumstances to be the equivalent of completion of a full course of study in a law school accredited by the American Bar Association, and an applicant meeting the standards set forth herein shall be presumed to be eligible to take the West Virginia Bar Examination; providing that all other requirements set forth in Rule 3.0, et seq., for admission to the bar examination are met; Provided, That graduates of correspondence law courses, including law schools providing more than 50% of classes as Internet-based classes, shall not be eligible to take the West Virginia Bar Examination.
The applicant is a graduate of a non-ABA accredited law school who has successfully passed the bar examination of another state, the District of Columbia, or commonwealth or territory of the United States, and has been admitted to practice in such state, district, commonwealth, or territory, or
The applicant is a graduate of a non-ABA accredited law school, which school is of such stature that its graduates are eligible to take the bar examination of the state, District of Columbia, commonwealth or territory of the United States in which such law school is located, and
The applicant has completed three (3) years of law office study and work in this state as a legal assistant or paralegal, under the supervision of an attorney or attorneys admitted to practice in West Virginia, and
Two attorneys admitted to practice in West Virginia, at least one of whom shall have actively supervised the applicant for a period of not less than six months, certify to the Board that they believe that the applicant is knowledgeable in the law, competent to practice law, and of good moral character, or
The applicant is a graduate of a reputable law school which, although not accredited by the ABA, has been determined by the Board of Law Examiners to be substantially the equivalent of an ABA-accredited school.
The Board shall consider applications for admission under paragraph 3 only at a regular meeting of the Board, with the Board's determination to become effective commencing with the next successive examination. All information required for such determination must be provided to the Board at least 60 days prior to its regular meeting. The Board reserves the right to require additional information from the applicant or the institution if it determines that it has insufficient information to make a determination of equivalency.
Once a determination of substantial equivalency has been made by the Board, the graduates of such school shall be presumed eligible to take the West Virginia Bar Examination for such period as the Board may designate unless a situation arises requiring review at an earlier time. Said determination may be renewed by the Board. Upon expiration of said determination, the institution or the applicant shall have the burden of establishing that said institution continues to be substantially the equivalent of an ABA-accredited law school, or
The applicant is a graduate of a law school of a foreign country where the common law of England exists as the basis of its jurisprudence, and
The educational requirements for admission to the bar in said country are substantially the same as those of this State, and that the applicant has satisfied those requirements, and
The applicant has successfully completed study at an ABA- accredited law school, with a minimum of 30 credit hours of basic courses selected from the following areas of law: Professional Responsibility/Legal Ethics, Contracts, Property (Real and Personal), Uniform Commercial Code, Criminal Law, Evidence, Business Organizations/Corporations, Domestic Relations, Wills, Trusts and Estates, Constitutional Law, Civil Procedure, Criminal Procedure, Torts, Federal Taxation and Conflict of Laws, and which such study shall be completed within a period of 36 calendar months from the date of the inception of such study.
The burden of establishing eligibility to take the bar examination to the satisfaction of the Board of Law Examiners shall be on the applicant and upon the institution seeking admission to the bar examination for its graduates. The applicant or the institution shall furnish to the Board all information and documents necessary to enable the Board to make a determination as to whether or not the requirements of this policy have been met. Any costs incurred by the Board in the determination of equivalency under this Rule shall be assessed against the applicant.
The Board may require the applicant to appear before the Board at its next regular meeting if the Board determines that it has insufficient information upon which to make a decision. Decisions by the Board pursuant to this policy shall be subject to the administrative hearing procedure provided by Rule 6.0 of the Rules for Admission to the Practice of Law in West Virginia.
[As amended by order entered June 24, 1992, effective July 1, 1992; by order entered June 14, 1995, effective September 1, 1995; by order entered November 20, 2012, effective January 1, 2013.]
Applicant for admission by examination
Form of application. — The Board of Law Examiners shall prepare suitable application forms for admission by examination, and may require that the applications be accompanied by appropriate evidence that the applicant meets the requirements of Rules 2.0, 3.2(d), 3.2(e), and 5.0, et seq.
Time of application. — All applicants shall have completed applications filed not later than November 1st preceding the February examination, and not later than April 1st preceding the July examination for which they wish to sit. Incomplete applications shall be promptly returned to the applicant. Incomplete applications must be completed and re-filed within the deadlines provided in this rule in order to avoid late filing fees. No application shall be accepted later than December 1st preceding the February examination or May 1st preceding the July examination. An applicant may withdraw his or her application, at any time, upon written request to the Board, but there shall be no refund of fees upon withdrawal. Failure to appear for an examination for which an applicant has registered to sit shall be deemed a withdrawal.
Application fee. — A fee, as set forth in the fee schedule, shall accompany the filing of an application for admission by examination. A late filing fee, as set forth in the fee schedule, shall accompany all applications filed between November 1st and December 1st preceding the February examination or April 1st and May 1st preceding the July examination.
Applicant number. — The Board shall assign to each applicant an applicant number, which shall be used to identify the applicant.
[As amended by order entered November 29, 1989, effective January 1, 1990; and by order entered June 24, 1992, effective July 1, 1992.]
West Virginia Bar Examination
West Virginia Bar Examination. — The West Virginia Bar Examination shall consist of a General Bar Examination and the MPRE. The purposes of the West Virginia Bar Examination are to test the applicant's ability to reason logically, to analyze accurately the problems presented, to demonstrate a thorough knowledge of the fundamental principles of law and their application, and ultimately to determine whether an applicant is sufficiently prepared to render legal advice and representation to the public within the bounds of the Rules of Professional Conduct.
General Bar Examination. — The General Bar Examination will consist of three parts. Part A will consist of the Multistate Performance Test ("MPT") which will include two (2) performance test questions prepared by the National Conference of Bar Examiners and administered by the Board of Law Examiners. Part B will consist of the Multistate Essay Examination ("MEE") which will include six (6) essay questions prepared by the National Conference of Bar Examiners and administered by the Board of Law Examiners. Part C will consist of the Multistate Bar Examination ("MBE") which will include two hundred (200) multiple choice questions prepared by the National Conference of Bar Examiners and administered by the Board of Law Examiners.
Passing the examination. — All answers to the MPT and the MEE will be graded and the scores combined. The total MPT/MEE raw score will be scaled to the MBE by the National Conference of Bar Examiners in accordance with Uniform Bar Examination policies. The MPT/MEE scaled score and the MBE scaled score will be combined to determine an applicant's final score on the examination. Applicants who earn a combined scaled score of 270 shall pass the examination. Applicants whose combined scaled scores are below 270 shall fail the examination. A passing score on the West Virginia Bar Examination shall remain eligible to be used for admission to practice law in West Virginia for no more than three years from the date of the examination.
Multistate Professional Responsibility Examination. — Prior to admission on examination, an applicant, in addition to passing the General Bar Examination, must have successfully completed the MPRE prepared and administered by the National Conference of Bar Examiners. To successfully complete the MPRE, the applicant must have achieved a scaled score of at least 80 as determined by the National Conference of Bar Examiners within twenty-five (25) months of successful completion of the General Bar Examination. Arrangements to take such examination, including the payment of any fees therefor, shall be made directly with the National Conference of Bar Examiners.
Transfer of MBE scores from other jurisdictions. — In lieu of taking the MBE portion of the first West Virginia Bar Examination taken by the applicant, the Board may, if requested by the applicant, accept any MBE score achieved in another jurisdiction in a prior examination conducted within thirteen months of the current examination, provided the applicant successfully completed the entire bar examination in the other jurisdiction. If the applicant fails the West Virginia Bar Examination, the MBE may not be used in any succeeding West Virginia Bar Examination. All applicants shall notify the Board of their intention to use the MBE achieved in a prior examination at the time their application is filed. Provided, that an applicant who does not sit for the MPT, MEE, and MBE in the same administration of the West Virginia Bar Examination will not earn a UBE score pursuant to subsection (f) below.
The Uniform Bar Examination. — Beginning with the July 2017 administration of the West Virginia Bar Examination, applicants who complete the MPT, MEE, and MBE portions of the West Virginia Bar Examination in the same examination administration and in compliance with the standards and requirements followed by UBE jurisdictions, as coordinated by NCBE, may earn a UBE score that is transferable to other UBE jurisdictions.
[As amended by order entered November 29, 1989, effective January 1, 1990; by order entered June 26, 1990, effective August 1, 1990; by order entered July 24, 1990, effective August 1, 1990; by order entered May 16, 1991, effective May 16, 1991; by order entered June 24, 1992, effective July 1, 1992; by order entered December 9, 1992, effective January 1, 1994; by order entered March 24, 1993, effective July 1, 1993; by order entered April 7, 1993, effective July 1, 1993; and by order entered December 11, 1996, effective January 1, 1998; by order entered November 20, 2012, effective January 1, 2013.]
Bar examination procedures
Time and conduct of examination. — The Board of Law Examiners shall conduct two examinations annually at such times as the Board, in its discretion, may determine. The examinations shall be conducted under the supervision of the Board. Applicants shall wear appropriate attire to the examination. The Board may exclude from an examination any applicant who does not wear appropriate attire or otherwise engages in disruptive conduct.
Typing of answers. — The Board of Law Examiners shall have discretion to permit applicants to use laptop computers, in conjunction with secure software approved by the Board and paid for by the applicant, to complete the MPT and MEE sections of the bar examination. The Board may direct the manner in which applicants register their laptop computers for this purpose; the dates by which that registration must be completed; and the procedures for submission of MPT and MEE answers after completion of the examination. The Board may direct an applicant to handwrite any portion of the examination at any time if the applicant's behavior is disruptive to other examinees or if technical difficulties, security concerns, or other problems arise. Where a reasonable suspicion arises that an applicant has cheated, attempted to cheat, or aided or assisted another applicant in cheating, the Board may take all necessary steps, up to and including asserting control over an applicant's personal laptop computer, to investigate the applicant's conduct and ensure the security of examination materials.
Early admission to bar examination. — If an applicant has qualified for a degree in law that would qualify him to take the examination, but the awarding of the degree by the law school is delayed until after the examination, the Board may permit such applicant to take the examination.
Examinations for persons in military service. — Upon a showing of scheduled active duty overseas in the military service at the time of the July examination, the Board may, in its discretion, permit an applicant to take the bar examination during such applicant's last semester of law school.
Examination of applicants with a disability. — All reasonable steps shall be taken by the Board to facilitate the examination of applicants with a disability or disabilities as defined by the Americans with Disabilities Act. For the purpose of this rule, "disability or disabilities" means physical or mental impairment that
substantially limits one or more of the major life activities of such individual. Applicants with a disability or disabilities must notify the Board of any reasonable accommodation(s) needed at the time of the filing of the application on forms provided by the Board. The Board will consider accommodations requests submitted after December 1st preceding the February examination or May 1st preceding the July examination only where the applicant demonstrates that the disability in question arose after submission of the application.
Appeal of accommodations decision. — The Board will notify an applicant promptly in writing of its decision regarding the applicant's accommodations request. If the request is denied in whole or in part, the applicant may submit further documentation in support of the request only if the application deadline has not yet passed or if further documentation is specifically requested by the Board in the notice of decision. An applicant may appeal the Board's denial of accommodations by submitting a written request for a hearing under Rule 6.0 within ten (10) calendar days of receipt of the Board's decision; however, the evidence introduced at such a hearing shall be limited to evidence the applicant submitted in support of the accommodations request or evidence that is necessary to clarify existing documentation. The Board shall make every reasonable effort to complete the Rule 6.0 hearing process prior to the examination for which the applicant has applied.
Anonymity of applicants. — The identity of the writer of the MPT and the MEE shall not be known until the grades of all applicants have been finally determined. The Board shall have discretion to release unofficial bar passage information by anonymous applicant number on the Board's website.
[As amended by order entered November 29, 1989, effective January 1, 1990; by order entered June 26, 1990, effective August 1, 1990; by order entered June 24, 1992, effective July 1, 1992; and by order entered March 24, 1993, effective July 1, 1993; by order entered November 26, 2002, effective November November 26, 2002; by order entered November 20, 2012, effective January 1, 2013.]
Review; reexamination
Review of failed examination by applicant. — If an applicant fails to pass an examination conducted by the Board, the applicant may, within twenty (20) days after the results of the examination are mailed to the applicant by the Board, review at the Board's offices the applicant's examination papers, which shall include questions posed by the Board, the applicant's answers to the questions and the grades given to the applicant by the Board as regards the MPT and the MEE. The MBE questions and answers may not be reviewed, nor may an applicant review his or her original MBE answer sheet. The applicant may request to have the MBE graded by hand upon payment of a fee established by the National Conference of Bar Examiners.
Appeal by failing applicants. — The grades assigned to the West Virginia Bar Examination shall be final and no appeal shall be considered.
Reexamination. — If an applicant fails to pass his or her first examination he or she will be permitted to take subsequent examinations. An applicant who has failed to earn the minimum score required to pass in this State after a fourth examination taken in this or any other jurisdiction shall not again be admitted to an examination or be admitted by transferred UBE score except upon permission of the Board of Law Examiners for good cause shown. The Board so granting the permission may, as a condition to the granting of another examination, prescribe a further course of study.
[As amended by order entered June 26, 1990, effective August 1, 1990; by order entered June 24, 1992, effective July 1, 1992; and by order entered March 24, 1993, effective July 1, 1993; by order entered November 20, 2012, effective January 1, 2013]
Admission by Transferred UBE Score
Requirements for transferring of UBE score. — An applicant who has taken the UBE in a jurisdiction other than West Virginia and who otherwise meets the requirements of Rules 2.0, 3.0, 3.4(c), and 5.0, may be admitted to the practice of law in West Virginia based upon a UBE score transfer at any time on or after July 1, 2017. The applicant under this rule shall have earned a combined, scaled UBE score of no less than 270 in an administration of the UBE taken within three years immediately preceding the date upon which application is made and a scaled MPRE score of no less than 80 achieved within twenty-five months of the applicant's successful UBE administration.
Only certified UBE scores will be accepted. — The Board will not accept transferred scores unless they are certified as UBE scores by the NCBE and will not address petitions to treat a noncertified score as a UBE score.
Form of application. — The Board of Law Examiners shall prepare suitable application forms for admission by transferred UBE score, and may require that the applications be accompanied by appropriate evidence that the applicant meets the requirements of Rules 2.0, 3.0, 3.4(c), and 5.0, et seq.
Application fee. — A fee, as set forth in the fee schedule, shall accompany the filing of an application for admission by transferred UBE score.
Admission without examination
Intention to practice in West Virginia. — In order to be eligible for admission to practice in the State of West Virginia, without examination, upon the basis of admission in any other state, an applicant must demonstrate to the satisfaction of the Board that he or she intends to practice law in the State of West Virginia on at least a minimal basis.
Reciprocity requirements. — To be eligible for admission to practice in the State of West Virginia upon the basis of admission in any other state, an applicant must have been lawfully engaged in the active practice of law for five (5) of the seven (7) years next preceding his or her application and must have held a valid license to practice law from some state throughout such five year period; and, must demonstrate to the Board that the standards of admission in at least one of the states where he or she was previously admitted were, at the time of the applicant's admission in that state, and are now, substantially equivalent to the standards for admission in West Virginia.
Definition of active practice of law. — Engagement in the active practice of law for the purpose of these rules shall mean practice on a substantial basis motivated by a desire to earn a livelihood from that practice. Practice for the required period must have been active and continuous. A lawyer in military or government service shall be considered to have been engaged in the active practice of law only for the period of time when he or she was engaged primarily in the performance of legal services or duties. A lawyer employed as a judge, magistrate, hearing examiner, administrative law judge, or similar official of the United States, including independent agencies thereof, or of any state, territory or municipality of the United States with duties of hearing and deciding cases and controversies in judicial or administrative proceedings, shall be considered to have been engaged in the active practice of law, provided such employment is available only to a lawyer. A lawyer employed as a full-time teacher in any approved law school shall be considered to have been engaged in the active practice of law.
[As amended by order entered June 24, 1992, effective July 1, 1992; and by order entered June 14, 1995, effective September 1, 1995 by order entered November 26, 2002, effective November 26, 2002.]
Application
Form of application. — The Board of Law Examiners shall prepare suitable forms for application for admission, without examination, of attorneys from other states, and may require that the applications be accompanied by appropriate evidence that the applicant meets the requirements of Rules 2.0, 4.0, et seq., and 5.0, et seq.
Application fee. — A fee, as set forth in the fee schedule, shall accompany the filing of an application for admission, without examination, of attorneys from other states.
Burden of proof. — The burden of showing eligibility for admission shall rest totally on the applicant and there shall be no presumption that the applicant is eligible.
[As amended by order entered June 24, 1992, effective July 1, 1992.]
Requirement of good moral character
Certificate of good standing. — In order to be admitted to practice law in West Virginia, the applicant must be in good standing in every state in which he or she has been admitted to practice and maintains an active status and must submit evidence of that standing.
Proof of good moral character. — In order to be eligible for admission, the applicant must show that he or she is possessed of good moral character and is mentally and emotionally stable.
Affidavits of good character. — Each applicant shall present the affidavit of at least two attorneys at law practicing in the courts in which the applicant last engaged in practice and the authenticated certificate of a judge of a court of record where the applicant is admitted to practice, evidencing the applicant's good character and compliance with the Code of Professional Responsibility.
[As amended by order entered June 14, 1995, effective September 1, 1995.]
Criminal, disciplinary and civil proceedings
Criminal record. — An applicant shall be required to state in the application whether or not he or she has been convicted of any criminal offense or has been arrested on any criminal charge. In the case of an arrest, the applicant shall be required to state the time, place and disposition of the charge. In case of conviction, the applicant shall state the charge of which he or she was convicted and the time and place of conviction and the sentence imposed.
Disciplinary proceedings. — An applicant shall state in the application whether any formal disciplinary proceedings have ever been instituted against him or her and, if so, the time, place, nature and disposition of the charges made.
Civil proceedings. — An applicant shall list on his or her applicati |