Do Ask and Do Tell: What to Do with the Non-Party presented by Mychal Shultz, Esq. (1.0 WV MCLE A/V credit)
The West Virginia Legislature has passed legislation in the last few years that seeks to prevent a single defendant from bearing a disparate portion of financial liability for damages in civil lawsuits. Attorneys must learn to navigate this new statutory landscape in dealing with a potential party that for a variety of reasons may not be included as a defendant to a lawsuit. When must a non-party be put on notice of her potential liability? When must a demand for indemnity or contribution be made to a non-party? And what can you say about a non-party at trial? This presentation examines statutory and common law changes to dealing with non-parties, analyzes what can be done to ensure that a non-party does not escape liability, and focuses on the practical steps that a litigator can take when presented with a party that may not be made a party to a lawsuit.
Civil Procedure: Rules on Time presented by Candice Harlow, Esq., Jackson Kelly PLLC (1.0 WV MCLE A/V credit)
Will review the Federal Rules of Civil Procedure, along with some distinguishing
state and local rules in WV, OH, KY, and PA, about the various time limits/deadlines
in civil actions, including a discussion about the implications/importance
Recent Cases and Procedure presented by Edyth Nash Gaiser, Clerk of Court (1.0 WV MCLE A/V credit)
As presented in the past at this conference, there will be a review of recent
Court decisions. In addition, nuances of the Rules of Appellate Procedure will
be discussed. This part of the course is specifically for those auditory learners
who can read the rules of procedure once, twice, three times, and not understand
their applicability. Participants will also learn how to propose and advocate
for a change to the procedural rules that do not work in practice.
Current Developments: The Good, The Bad, The Disbarred presented by Rachael L. Fletcher-Cipoletti, Chief Lawyer, Office of Disciplinary Counsel (1.0 WV MCLE A/V cr., Ethics/Law Office Management)
A discussion of ethics developments in West Virginia, including recent disciplinary
decisions and a discussion of practical ethics developments.
Insurance Law 2019
A Summary of the History and Current Status of Bad Faith presented by Professor Burke Christensen, Eastern Kentucky University. (1.0 WV MCLE A/V credit)
Uberrimae Fidei, the obligation to act in utmost good faith, began as a duty first imposed upon the applicant for insurance and the insured; not the insurer. Today, in most U.S. jurisdictions, the duty to act in good faith and its companion, the duty not to act in bad faith, are duties generally imposed upon the insurers and not upon the applicant, the insured or the claimant. This presentation will offer a survey of the 50 state statutory and common law standards for supporting or defending against an allegation of bad faith. A uniform standard that can be applied to both insurers and insureds will be explained.
“The presentation on Bad Faith was great!” and "Professor Christensen is very
Ethical Issues in the Litigation Practice presented by Evans King, Jr., Steptoe & Johnson (1.0 WV MCLE A/V cr., Ethics/Law Office Management)
This presentation will focus on prior work conflicts, dealing with prospective
clients, and what to do when you have made a mistake, with emphasis on the
applicability of the Rules of Professional Conduct and the practical approach
to these issues.
Bankruptcy Law 2019
Cryptocurrency, Blockchain and Smart Contracts presented by Honorable Frank W. Volk (1.0 WV MCLE A/V credit)
These assets have appeal to entrepreneurs and businesses. They are also a cause
for concern from regulators, and change how we perceive money, property and
the banking system. Find out how to manage cryptocurrency assets in a volatile
and emerging market. Learn how these currencies may be regulated by SEC, CFTC,
IRS and others.
Formulating Chapter 13 Plans presented by Helen Morris, Esq. and Meagan Preece, Esq. (10. WV MCLE A/V credit)
The Office of the West Virginia Chapter 13 Trustee presents issues that frequently
arise when completing Chapter 13 plans and offers best practices for ensuring
plans flow smoothly through confirmation and completion. The second part of
the presentation (Bankruptcy Law & Practice Track, 2:50-3:40) concerns
the nuts and bolts of completing a Chapter 13 plan, a practice exercise, and
a questions and answers session with the Chapter 13 Trustee’s Office.
Family Law 2019
Mock Trial (1.0 WV CLE A/V credit)
A short trial demonstration will be presented, highlighting evidentiary problems
common in family law cases and showing how to overcome the hurdles presented
by the rules of evidence. Examples covered include social media posts,
offering values without a witness to authenticate, business records and text
messaging. This presentation will sharpen your trial and evidence skills.
Family Law Update presented by Brittany Ranson Stonestreet, Esq. (1.0 WV MCLE A/V credit)
Update on Recent Family Law Cases
"[Ms. Stonestreet] really did a good job."
Strategic Cannabis Conference 2019
Cannabis Ethics Issues for Attorneys presented by Professor Jesse Richardson, WVU College of Law (1.0 WV MCLE A/V cr. Ethics/Law Office Management)
While marijuana remains a Schedule I drug under the Controlled Substances Act,
the legalization of medical marijuana and recreational marijuana in a number
of states raises ethical issues for attorneys. Attorneys encounter ethical
issues related to cannabis in two situations. First, Rule 1.2(d) of the Code
of Professional Responsibility bars attorneys from, inter alia, assisting clients
in conduct that the lawyer knows is criminal. Second, the personal conduct
of attorneys is subject to Rule 8.4 of the Code of Professional Responsibility,
defining as professional misconduct commission of “a criminal act that reflects
adversely on the lawyer’s trustworthiness or fitness as a lawyer in other respects”.
Personal use may also implicate Rule 1.1 (Competence) and Rule 1.16 (physical
or mental condition materially impairing the lawyer’s ability to represent
Protecting your Canna-Business presented by Ryan J. Umina, Cranston & Edwards, PLLC (1.0 WV MCLE A/V credit)
Ryan will discuss the various legal and regulatory risks associated with operating hemp or cannabis enterprises in West Virginia. Topics will include federal intervention with state-licensed marijuana businesses, compliance with state regulations for hemp and marijuana businesses, interstate commerce issues for distribution of hemp and marijuana, and regulatory issues for CBD sales.
“Great job with a tough subject matter”
Zoning Issues for Hemp an Marijuana Enterprises presented by Mark A. Sadd, Esq., Lewis Glasser PLLC (1.0 WV MCLE A/V credit)
A presentation on the power of local governments to regulate and control the location and operation of medical cannabis establishments under Senate Bill 386 (enrolled) and Chapter 8A of the Code of West Virginia of 1931, as amended; landowner rights; constitutional foundations; owners’ rights; specific provisions of Senate Bill 386; practice pointers on site control and leasing; and a brief survey of local ordinances in West Virginia
Criminal Law 2018
The Front Nine presented by Professor Kirsha Tryctha, WVU College of Law (1.0 WV MCLE A/V credit)
Presentation reviewing the nine signed criminal law opinions authored by the
Supreme Court of Appeals of West Virginia during the first term of 2018, spanning
January 2018 to July 2018.
What's Wrong with Terry Stops? presented by Charles T. Miller, Esq., Kanawha County Prosecuting Attorney (1.0 WV MCLE A/V credit)
This presentation is an analysis of the proper procedure for detention and search
by law enforcement officers. If attorneys know what the proper stop and frisk
procedures are, they will be able to better address the issues that arise when
confronted with a Terry stop.
Solo and Small Firm 2018
New Online System for Court-Appointed Attorneys presented by Dana Eddy, Esq., WV Public Defender Servicse (1.0 WV MCLE A/V credit)
This session will break down the new online system for court appointed attorneys.
Mr. Eddy will elaborate on the history and functionality of the original system,
the nature of the reprogramming, and discuss the features of the new system.
Elder Law Update presented by Doreen Seamon, Esq., Seamon Law Offices (1.0 WV MCLE A/V credit)
If you are assisting your client with his/her estate plan, you must have a comprehensive
understanding of the elder law implications. Now that the estate tax
exemption is so high, protecting assets from the high cost of long-term care
and preserving a step-up in basis on highly appreciated assets are much more
critical concern than estate taxes. Join us to learn more about these issues
as well as estate recovery, gifting strategies, transfer on death deeds, probate,
conservatorships, statutory powers of attorney, and updates on estate &
Surrogate Adoption & Other Issues presented by Bill Winfrey, Esq., and William S. Winfrey II (1.0 MCLE A/V credit)
During this presentation, we will discuss surrogate adoption and other unsettled
issues. This program will give family law attorneys the tools they need to
draft surrogacy contracts that are enforceable and which resolve those tricky
issues that could arise. Family law attorneys must not only have a good
understanding of the key drafting provisions of a surrogacy contract, but also
the many potential risks that can complicate any surrogacy relationship.
Update on the Law 2018
Update on the Laws of Evidence presented by Professor Marjorie McDiarmid, WVU College of Law (1.0 WV MCLE A/V credit)
This session will provide an update on West Virginia and relevant Federal changes
in the Rules of Evidence and the interpretation of those Rules
Essential Skills for Lawyers 2019
Law in Motion: How to Ethically Protect Information You Carry on Your Mobile Device presented by Brett Burney, Burney Consultants (1.0 WV CLE A/V cr. Ethics/Law Office Management)
Lawyers can now work from anywhere today with the prevalence of mobile devices.
If you have a laptop, smartphone, or tablet, you can get your work done. Clients
expect you to be accessible, and expect you to accomplish your work regardless
of whether you’re at the office, at home, or sitting on the beach. But how
can you be sure everything is safe? How do you know if you’re following the
right ethical rules? This session will explain (in plain language) the risks
associated with the mobile devices you use every day and how to sufficiently
protect the confidential information that you carry on them.
Data Security 101 - What Lawyers Need to Know About Cybersecurity and Your Ethical Duties presented by Brett Burney, Burney Consultants (1.0 WV MCLE A/V cr. Ethics Law Office Management)
Clients are becoming concerned about trusting their information to lawyers. Certain clients are demanding that security audits to ensure that their information is protected. This session will ensure you have a basic awareness of the security practices that all lawyers should be following in their firms.
1. What does each package include?
Each title will be delivered to your email as an electronic audio or video file. If written materials are available for your title, you will also receive a .pdf file of those materials. The files will not be available in CD/DVD/hard copy format for this package.
2. How long will it take to receive my Best of the Bar title/package?
Once we receive your order, we will pull the selected files and compile your
Best of the Bar package. Turnaround time for digital delivery will
be 1-2 business days but may be delayed due to the holiday schedule. Packages
will be delivered in digital format; CD/DVD/hard copy format is not available
for this package.
3. I need more than three titles. Can I purchase multiple Best of the Bar packages?
Not at this time. If you need more than three titles, please check out our
full catalog to purchase a seminar package. Rates for full seminars
are $295-325 for approx. 9 MCLE A/V credits per seminar.
4. Will this be offered again in the future?
Yes, from time to time. When offered in the future, pricing for the
Best of the Bar CLE packages will be $75 per title or $180 for three
titles. Limit one package per person per year.
5. The title I need isn’t on the list of available selections. Can I choose something else?
Not at this time. We reviewed the evaluations received at recent seminars to
select these titles and believe that they represent the best selection of titles
in our library. If there is a title that you would like to have added to this
list, please send us your suggestions.
6. How many A/V credits can I submit per reporting period?
Per the rules of the WV State Bar, you may submit up to 12.0 A/V (audio/visual)
credits per reporting period. You may check your transcript at
www.wvbar.org. These packages are currently only eligible for West Virginia A/V MCLE credit.