Bar Brief – 3

The Bar Foundation provided a grant to the West Virginia Civic Literacy Council to help in educating students about their rights and responsibilities under the law. Pictured from left to right are Bar Foundation Board Member Neva Lusk, Civic Literacy Council Consultant Jean Ambrose and State Board of Education Member Priscilla Haden.
GRANTS PROGRAM
Since 2004, the Bar Foundation has provided sixteen grants and more than $55,000 to worthwhile WV organizations to improve the administration of justice and legal services for the state’s citizens, with more than $40,000 being granted in just the past 12 months. Grant information and the application form are included on the Bar Foundation’s website: www.wvbarfoundation.org, and the Board of Directors reviews grant applications at its quarterly meetings. A list of all 16 grants is as follows:
| DATE | ORGANIZATION | GRANT | ACTIVITY |
| 3/04 | Legal Aid of WV | $6,811 | Legal Needs Survey |
| 6/05 | WALS Foundation | $1,000 | Student Mock Trials |
| 3/06 | Charleston Catholic H.S. | $1,000 | Health Care Directives (Clay Co.) |
| 10/06 | WV Public Broadcasting | $2,000 | Closed Captioning |
| 2/07 | Wheeling Jesuit University | $2,000 | Constitution Day |
| 10/07 | Junior Achievement | $1,500 | Student Legal Studies |
| 6/08 | Legal Aid of WV | $5,000 | Statewide Technology Network |
| 6/08 | WV Supreme Court | $5,000 | Student Law Adventure |
| 6/08 | WV Center for Civic Life | $3,500 | Civic Literacy |
| 9/08 | Legal Aid of WV | $5,000 | Statewide Technology Network |
| 10/08 | The Resource | $6,200 | IOLTA Comparability Rule |
| 10/08 | WV State Bar | $1,063 | Delivery of IOLTA materials |
| 2/09 | WVU College of Law | $4,000 | International Law |
| 3/09 | We, the People | $5,000 | Constitution Student Debate |
| 6/09 | Harrison County Child Abuse Group | $2,739 | Child Abuse Prevention |
| 6/09 | WV Association of Counties | $3,500 | Documentary-County Courthouses |
| Total | $55,313 | ||
NEW BAR FOUNDATION LEADERS
At the Board of Directors meeting and the Annual Membership meeting on June 11, the following persons were elected to serve three year terms on the Board of Directors and one year terms as Bar Foundation Officers:
J. Franklin Long-Bluefield-Re-appointment
C. Jane Moran-Williamson-Re-appointment
Steven K. Nord-Huntington-Re-appointment
Harry M. Hatfield-Madison-Initial Appointment
Eric J. Holmes-Ripley-Initial Appointment
President-John H. Tinney-Charleston
Vice President-Tracey A. Rohrbaugh-Martinsburg
Secretary/Treasurer-J. Franklin Long-Bluefield
BUSINESS VOLUNTEER INSTITUTE
Many lawyers and law offices are volunteering their time and efforts to worthwhile programs and activities in their communities throughout West Virginia. In this difficult economy, many non-profit and charitable organizations desperately need people to help keep these services up and running. The state agency for volunteering, Volunteer WV, is holding its Third Annual Business Volunteer Institute in Charleston on July 15. Further information about the Institute is contained below:
Wednesday, July 15, Charleston Civic Center—8:30 am to 1:15 pm
Registration
Name:
Address:
City:
State:
Zip Code:
Phone:
Email:
County:
Organization:
Please select the session you would like to attend.
Session 1: Getting Off the Ground: Business/Employee Volunteer Program Start-Up
Session 2: Sustaining Volunteer Programs in today’s Economy
Session 3: Building Community Champions
I will stay for lunch I will not stay for lunch
If you would like to attend the Governor’s Service Awards banquet on July 15 at 6:30pm, please check the box below.
Governor’s Service Award Banquet: $30.00
Registration: $50.00 (Includes: training material, breaks, and lunch)
Included Please invoice
Check number:
Total enclosed:
Please make checks payable to: Volunteer West Virginia, Inc.
Send registration form and check to: Volunteer West Virginia, Inc.
PO Box 6475
Charleston WV, 25362
or Emily.R.Schoen@wv.gov
Annual Report July 1, 2008 – June 30, 2009
In completing 20 years of existence, the fiscal year of July 1, 2008 to June 30, 2009 provided the West Virginia Bar Foundation with additional opportunities to continue to move forward and to improve its programs and services. As the philanthropic organization for West Virginia’s legal profession and justice system, the Bar Foundation had another successful year in expanding and enhancing its numerous activities and responsibilities.
Please review the Annual Report below and provide me with any comments or suggestions that you have regarding the West Virginia Bar Foundation.
WEST VIRGINIA BAR FOUNDATION
ANNUAL REPORT
JULY 1, 2008-JUNE 30, 2009
During the 2008-09 fiscal year, the West Virginia Bar Foundation’s Board of Directors undertook several actions to achieve its goals of improving the administration of justice and the provision of legal services to West Virginia’s citizens. The Board, which consists of a diverse group of fifteen lawyers from all parts of the state and all types of law practice, accomplished the following:
- Elected new volunteer members of the policy making Board of Directors and selected qualified Officers.
- Provided the largest amount of grants to worthwhile entities in the Bar Foundation’s twenty year history, including more than $40,000 since June, 2008.
- Received and approved the Independent Auditors’ Report for the 2007-08 fiscal year.
- Worked with the Interest on Lawyer Trust Accounts (IOLTA) Advisory Committee to propose improvements to increase IOLTA funding for free civil legal services for low income citizens, in accordance with the Order of the WV Supreme Court of Appeals. In March, 2009, the Supreme Court approved an IOLTA Comparability Rule similar to 23 other states. The IOLTA program has generated more than $13 million since 1990.
- Held quarterly Board of Directors meetings and received reports and recommendations from the IOLTA Advisory Committee which also convened quarterly meetings.
- Continued the tradition of selecting extraordinary judges and lawyers as Bar Foundation Fellows. Less than 250 of the approximately 5,000 members of the judiciary and lawyers in the state have received this prestigious honor.
- Made prudent financial decisions by paying off one significant loan early and by adding amounts to the Bar Foundation’s reserves.
- Continued equitable multi year lease agreements for the two Bar Foundation owned facilities housing the WV State Bar and the Lawyer Disciplinary Board/Office of Disciplinary Counsel.
- With the assistance of the IOLTA Advisory Committee, distributed more than $430,000 to grantees during the fiscal year even in the face of difficult national economic conditions.
- Introduced a bi-monthly membership communications message, the Bar Foundation Brief, to keep members up to date on the activities and the programs of the organization.
- Improved the ever changing Bar Foundation website—-www.wvbarfoundation.org—-with a significant amount of new information and photographs regarding the group’s services and activities.
- Made presentations regarding the Bar Foundation and the IOLTA program to more than 250 new lawyers as they were admitted to practice law before the WV Supreme Court.
Bar Brief – 2
BAR FOUNDATION FELLOWS

The eleventh class of Bar Foundation Fellows honored on April 30, 2009
On April 30, the Bar Foundation held its 11th Annual Bar Foundation Fellows Dinner in Charleston. During the excellent event, two members of the judiciary and thirteen lawyers became the newest Fellows, joining 25 judges and 151 lawyers as Bar Foundation Fellows. This year’s honorees are-
Supreme Court Justice Joseph Albright-Parkersburg
Barbara Allen-Charleston
Professor Robert Bastress-Morgantown
Oscar Bean-Moorefield
Landers Bonenberger-Wheeling
Michael Caryl-Martinsburg
Federal Court Judge Robert Chambers-Huntington
Linda Garrett-Summersville
Logan Hassig-New Martinsville
Harry Hatfield-Madison
Catherine Munster-Clarksburg
John Nesius-Charleston
Janet Preston-Parsons
Ancil Ramey-Charleston
Bill Redd-Huntington
BAR FOUNDATION ANNUAL MEETING
On June 11, the WV Bar Foundation held its Annual Meeting in Charleston. Reports were given on the important programs and activities accomplished in the last year and the positive financial condition of the organization. Action was taken to select five lawyers from all parts of the state and all types of law practice to serve three year terms on the Board of Directors, which is the policy making group. The lawyers are:
Harry “Burr” Hatfield-Madison
Eric Holmes-Ripley
J. Franklin Long-Bluefield
C. Jane Moran-Williamson
Steven K. Nord-Huntington
ALPS(ATTORNEYS LIABILITY PROTECTION SOCIETY)
According to a news release, ALPS—the Attorneys Liability Protection Society—announced last week that it will acquire Southern Title Insurance Company, a Richmond, VA-based title insurance underwriter primarily serving the southeastern United States. ALPS is an attorney owned and operated company providing professional liability insurance to attorneys in 24 states and 3 U. S. territories. The transaction is expected to close in early July. The addition of a title insurance option by ALPS is particularly valuable in states where its currently insured attorneys perform title closing services, such as South Carolina, Virginia and West Virginia. “The acquisition of Southern Title squarely aligns with ALPS’ strategic vision…” stated Robert W. Minto, Jr., ALPS President and CEO.
WV lawyers, including Bar Foundation Fellow Dan Callaghan (Summersville) who still has a leadership position with ALPS, were heavily involved in initiating ALPS more than twenty years ago. Bob Minto, who has served as ALPS President from the beginning and is a true visionary leader in the insurance business, makes almost annual trips to WV to teach CLE seminars and meet with WV lawyers.
Bar Brief – 1
Bar Foundation Members and Fellows,
The West Virginia Bar Foundation is pleased to provide you with the first issue of the Bar Foundation Brief.
On the first and fifteenth days of each month, you will receive a short, concise email with facts and information about the Bar Foundation, the philanthropic organization for West Virginia’s legal profession and justice system. It will consist of just three brief paragraphs and a photograph.
You will be able to review it in less than 60 seconds.
The Bar Foundation is a leader in improving the administration of justice and the provision of legal services for our citizens here in West Virginia. We want you to continue to support the beneficial programs and services provided by the West Virginia Bar Foundation.
Please give us your comments and ideas.
WVU LAW SCHOOL BRAZIL STUDY ABROAD PROGRAM

Riverboat in the port city of Manaus in the Amazon, Brazil
For the past few years, the West Virginia University College of Law has sponsored a study abroad program in Brazil for law students for three weeks in the summer. The program consists of lectures, papers, discussions and course credit on environmental law, international law, legal systems, the rule of law and more as the group spends time in the Amazon, the state of Espirito Santo and the city of Rio de Janeiro. Law School Professors andre cummings and John Taylor lead the students. The photograph above was taken in the port city of Manaus in the Amazon on the first day in Brazil as the group boarded the boat. You can read daily blogs by the students and see more photos at their website—http://wvulawinbrazil.blogspot.com/ The Bar Foundation provided a grant for two law students, Crystal Bombard of Fairmont and Dale Harrison of Martinsburg, to participate in this excellent educational and cultural experience.
IOLTA COMPARABILITY RULE
On March 12, 2009, the West Virginia Supreme Court unanimously approved amendments to Rule 1.15 of the Rules of Professional Conduct relating to the Interest on Lawyer Trust Accounts (IOLTA) program. The revision sets up Comparability Rule provisions as are in effect in 23 other states in the nation. The new Rule, which had an effective date of April 15, 2009, states that banks must provide the same interest rate on IOLTA accounts as are provided for other interest bearing checking accounts at that bank. It is expected that there could be additional IOLTA funds available for free civil legal services for low income citizens once an improvement in the current economic downturn leads to higher interest rates. The Bar Foundation’s Board of Directors and its IOLTA Advisory Committee will be utilizing a group with expertise in Comparability Rules in other states to initiate this effort in the coming weeks. The Supreme Court’s Order is located on its website at: http://www.state.wv.us/wvsca/rules/1_15.htm or on the Bar Foundation’s website: www.wvbarfoundation.org under IOLTA on the toolbar.
ANNUAL MEETING
The West Virginia Bar Foundation will hold its Annual Meeting on Thursday, June 11, 2009, at 1:30 PM at the State Bar Center, 2006 Kanawha Blvd., East, Charleston, WV 25311. The agenda for the meeting includes the reading of the Minutes of the 2008 Annual Meeting, the activities of the Bar Foundation, the financial report, the Nominating Committee report and Other Business.
2009 Bar Foundation Fellows
2009 BAR FOUNDATION FELLOWS
The West Virginia Bar Foundation has selected its 2009 Foundation Fellows. They were honored at the recent Bar Foundation Fellows Dinner in Charleston.
For ten years, the Bar Foundation, which is the philanthropic organization for the legal profession, has selected “those lawyers whose professional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and honorable service to the legal profession with the individuals selected reflecting the diverse nature of the legal profession in West Virginia.” This year’s class of 13 lawyers and 2 judges joins 151 lawyers and 25 judges, who have been previously selected as Bar Foundation Fellows.
2009 Bar Foundation Fellows
- Supreme Court Justice Joseph Albright-Parkersburg
- Barbara Allen-Charleston
- Professor Robert Bastress-Morgantown
- Oscar Bean-Moorefield
- Landers Bonenberger-Wheeling
- Michael Caryl-Martinsburg
- Federal Court Judge Robert Chambers-Huntington
- Linda Garrett-Summersville
- Logan Hassig-New Martinsville
- Harry Hatfield-Madison
- Catherine Munster-Clarksburg
- John Nesius-Charleston
- Janet Preston-Parsons
- Ancil Ramey-Charleston
- William Redd-Huntington
IOLTA COMPARABILITY RULE- On March 12, 2009, the West Virginia Supreme Court unanimously approved amendments to Rule 1.15 of the Rules of Professional Conduct relating to the Interest on Lawyer Trust Accounts (IOLTA) program. The revision sets up Comparability Rule provisions as are in effect in 23 other states in the nation. The new Rule, which had an effective date of April 15, 2009, states that banks must provide the same interest rate on IOLTA accounts as are provided for other interest bearing checking accounts at that bank. It is expected that there could be additional IOLTA funds available for free civil legal services for low income citizens once an improvement in the current economic downturn leads to higher interest rates. The Bar Foundation’s Board of Directors and its IOLTA Advisory Committee will be utilizing a group with expertise in Comparability Rules in other states to initiate this effort in the coming weeks. The Supreme Court’s Order is located on its website at–http://www.state.wv.us/wvsca/rules/1_15.htm—-or on this website under IOLTA on the toolbar. If you have any questions, please contact Tom Tinder at the Bar Foundation office—304-343-9823 or tom@wvbarfoundation.org
IOLTA ACCOUNTS RECEIVE UNLIMITED FDIC INSURANCE COVERAGE- On Friday, November 21, 2008, the Federal Deposit Insurance Corporation (FDIC) Board of Directors approved a Final Rule for the Temporary Liquidity Guarantee Program (TLGP) which will provide unlimited FDIC insurance coverage for certain bank accounts, including accounts in the Interest on Lawyer Trust Accounts (IOLTA) program. This is a significant action that will provide security to lawyers in all 50 states who place their client funds in IOLTA accounts. Here in West Virginia, the IOLTA program was set up by an Order of the Supreme Court of Appeals in 1990 and is administered by the WV Bar Foundation. It has generated more than $13 million for free civil legal services for low income citizens. The Bar Foundation, through its Board of Directors and IOLTA Advisory Committee, worked with the American Bar Association, IOLTA programs around the country, the offices of Senators Byrd and Rockefeller as well as other interested parties to generate support for the unlimited insurance coverage. The FDIC reported that it received approximately 750 public comments with more than a majority relating to IOLTA insurance coverage. If you have any questions, please contact the Bar Foundation’s Executive Director, Tom Tinder, at 304-343-9823 or tom@wvbarfoundation.org
On behalf of the West Virginia Bar Foundation, the philanthropic organization for West Virginia’s legal profession and justice system since 1988, we are very pleased to initiate our revamped website! It will be the primary communications and information source for the important work that is done by the Bar Foundation.
The website includes everything you want to know about the goals and successes, the programs and services, and the governance and actions that are undertaken to benefit the lawyers, judges and citizens of the State. It is the source of facts and materials that enables the Bar Foundation to achieve its mission of improving the administration of justice and the provision of legal services for West Virginia’s men, women and children.
The Bar Foundation’s Board of Directors—a diverse group of fifteen lawyers from all parts of the State and all types of law practice—is committed to accomplishing even more positive endeavors in the future. You can expect to see the West Virginia Bar Foundation continuing to work professionally, proactively and cooperatively to assist our State and its people.
Please give us your input about what we are currently doing and what suggestions you have for us.
Tom Tinder
Executive Director
304-343-9823
tom@wvbarfoundation.org
Annual Report – July 1, 2007 – June 30, 2008
In order to provide a review of the achievements for the Bar Foundation for the last fiscal year of July 1, 2007 through June 30, 2008, the Bar Foundation has issued its Annual Report, included below. It is a concise analysis of the highlights which occurred during that time period. Please give it a quick read and provide us with your comments and suggestions. The Bar Foundation continues to pursue its objectives as the philanthropic organization for West Virginia’s legal profession and justice system.
WEST VIRGINIA BAR FOUNDATION
ANNUAL REPORT
JULY 1, 2007-JUNE 30, 2008
During the 2007-08 fiscal year, the West Virginia Bar Foundation’s Board of Directors undertook several actions to achieve its goals of improving the administration of justice and the provision of legal services to West Virginia’s citizens. The Board, which consists of a diverse group of fifteen lawyers from all parts of the state and all types of law practice, accomplished the following:
- Amended the bylaws to enhance the operation and governance of the organization.
- Elected new volunteer members of the policy making Board of Directors and selected qualified Officers.
- Provided the largest amount of grants to worthwhile entities in the Bar Foundation’s twenty year history.
- Received and approved the Independent Auditors’ Report for the 2006-07 fiscal year.
- Worked with the Interest on Lawyer Trust Accounts (IOLTA) Advisory Committee to propose improvements to increase IOLTA funding for free civil legal services for low income citizens, in accordance with the Order of the WV Supreme Court of Appeals.
- Held quarterly Board of Directors meetings and received reports and recommendations from the IOLTA Advisory Committee which also convened quarterly meetings.
- Presented an IOLTA news conference and news releases with remarks by Supreme Court Chief Justice Maynard, Bar Foundation Vice President Harris, and representatives from the WV Bankers Association and State Bar to announce IOLTA distributions totaling over $13 million since 1990.
- Continued the tradition of selecting extraordinary judges and lawyers as Bar Foundation Fellows. Less than 200 of the approximately 5,000 members of the judiciary and lawyers in the state have received this prestigious honor.
- Named an outstanding Lawyer Citizen of the Year.
- Made prudent financial decisions by paying off two significant loans early and by adding amounts to the Bar Foundation’s reserves.
- Entered into equitable multi-year lease agreements for the two Bar Foundation owned facilities housing the WV State Bar and the Lawyer Disciplinary Board/Office of Disciplinary Counsel.
- With the assistance of the IOLTA Advisory Committee, distributed more than $575,000 to grantees during the fiscal year.
- Worked with the Young Lawyers Section of the WV State Bar to update and distribute “A Practical Guide to Lawyer Trust Accounts” booklet for all WV lawyers with IOLTA accounts.
- Introduced the newly expanded Bar Foundation website—-www.wvbarfoundation.org—-with a significant amount of information and photographs regarding the group’s services and activities.
- Employed the first full time Executive Director staff person.
Welcome to the new website!
On behalf of the West Virginia Bar Foundation, the philanthropic organization for West Virginia’s legal profession and justice system since 1988, we are very pleased to initiate our revamped, reinvigorated and revolutionary new website! It will be the primary communications and information source for the important work that is done by the Bar Foundation.
The website includes everything you want to know about the goals and successes, the programs and services, and the governance and actions that are undertaken to benefit the lawyers, judges and citizens of the State. It is the source of facts and materials that enables the Bar Foundation to achieve its mission of improving the administration of justice and the provision of legal services for West Virginia’s men, women and children.
The Bar Foundation’s Board of Directors—a diverse group of fifteen lawyers from all parts of the State and all types of law practice—is committed to accomplishing even more positive endeavors in the future. You can expect to see the West Virginia Bar Foundation continuing to work professionally, proactively and cooperatively to assist our State and its people.
Please give us your input about what we are currently doing and what suggestions you have for us.
Tom Tinder
Executive Director
304-343-9823
tom@wvbarfoundation.org

