Welcome and Introduction
Thank you for your interest in engaging in pro bono work through Legal Aid of West Virginia.
The mission of Legal Aid is simple. Seeking Justice, Changing Lives. Legal Aid is taking a stand to change the lives of low income West Virginians by providing access to justice to this vulnerable group.
Legal Aid of West Virginia has over 100 staff in 12 offices across West Virginia. We are the state’s primary provider for civil legal aid and advocacy services. While our staff handles thousands of cases each year, there are many more that we are unable to handle. Legal Aid relies on pro bono attorneys who are willing to bridge this gap and offer advice and support to the many low income clients that we don’t have the capacity to serve.
Legal Aid has put together comprehensive, online learning classrooms to allow pro bono attorneys, both experienced and unexperienced, to confidently provide services to clients. Inside each classroom you will find interactive learning resources to train and apply your knowledge; tip sheets and time lines on the particular area of law; interview guides; online document assembly forms; and additional resources for attorneys and clients.
Again, we thank you for your support and willingness to provide pro bono services to low income clients. Please do not hesitate to contact Legal Aid at any time for assistance and support. You can also visit our website for more information on legal topics.
Ethical Considerations
Duty to provide Pro Bono Services.
The West Virginia Rules of Professional Conduct Rule 6.1 bestows upon lawyers the responsibility to provide legal services to those who are unable to pay.
Legal Aid of West Virginia provides an opportunity for attorneys to engage in pro bono work for low income clients. LAWV will provide support and resources through the representation of pro bono clients.
Pro Bono attorneys are able to sign up to take cases through LAWV's online Pro Bono Portal. Using the Portal, attorneys can obtain a brief synopsis of available cases and opt to provide services for the client.
Malpractice Insurance.
Attorneys are covered by Legal Aid of West Virginia's malpractice insurance for all cases where pro bono services are provided through LAWV.
Ghostwriting permitted.
The Revised West Virginia Rules of Professional Conduct (January 2015) permit attorneys to provide ghostwriting as a form of limited representation.
RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER
Comment [9]
Ghostwriting is a form of limited representation. A lawyer may provide legal assistance to litigants appearing before courts and other tribunals pro se and help them prepare written submissions without disclosing, or ensuring the disclosure to others, of such assistance. Undertaking to provide limited legal help does not alter any other aspect of the lawyer's professional responsibilities to the client. See Rule 3.3, comment 3
RULE 3.3 CANDOR TOWARD THE TRIBUNAL
Representations by a Lawyer
Comment [3]
In accord with Rule 1.2(c), a lawyer may provide legal assistance to litigants appearing before courts or other tribunals pro se, including help in the preparation of written submissions, without disclosing such assistance or ensuring the disclosure to others. See Rule 1.2, comment 9.
Tips for Assisting Pro Bono Clients
6 Key Things to Know About Assisting Pro Bono Clients
- Be patient. Don't use legalese-explain things simply yet not condescendingly
- Expect Emotion
- Clients may be hard to reach and have difficulty balancing demands
- Stress confidentiality of relationship
- Try to meet in person, but be sensitive about the client's ability to travel
- Legal Aid is here to help with problems
Statutes and Rules
West Virginia Code
West Virginia Adoption Law is codified at WV Code §48-22-101, et seq.
The West Virginia Code can be found on the West Virginia Legislature’s website or here as a pdf.
West Virginia Rules of Civil Procedure for Magistrate Courts
The West Virginia Rules of Civil Procedure for Magistarte Court can be found on the West Virginia Judiciary's website, or here as a pdf.
Documents Required for Filing
Respondents to a Wrongful Occupation Petition need to file an Answer.
The West Virginia Supreme Court Answer form is linked below.
Feedback
FEEDBACK SURVEY:
LAWV would appreciate your feedback about our trainings. Please take just a few minutes to complete a brief survey by going here.
CLE / Conclusion
CLE CREDIT:
This Training has been approved for 1 hour of general online CLE credit by the West Virginia State Bar. To obtain CLE credit, you must complete and submit this form to LAWV: CLE CREDIT FORM
- LAWV will submit certification to the West Virginia State Bar.
- You will receive a certificate from LAWV and a confirmation email from the State Bar in approximately two weeks.
- If you have questions about the CLE credit, please contact Kate White at kwhite@lawv.net or 304-343-3013 ext. 2167.