Bill Text: WV HB2696 | 2025 | Regular Session | Introduced
Bill Title: Relating to the West Virginia Supreme Court’s power to promulgate rules allowing for the limited practice of law by nonlawyers
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2025-02-20 - To House Judiciary [HB2696 Detail]
Download: West_Virginia-2025-HB2696-Introduced.html
WEST virginia legislature
2025 regular session
Introduced
House Bill 2696
By Delegates Statler, Ellington, and Toney
Introduced February 20, 2025; referred to the Committee on the Judiciary
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §51-1-14, relating to the West Virginia Supreme Court of Appeal's power to promulgate rules allowing for the limited practice of law by nonlawyers and the creation of a task force to encourage the Supreme Court's use of such power.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-14. Allowing for the limited practice of law by nonlawyers in certain circumstances.
(a) The West Virginia Supreme Court of Appeals may promulgate rules allowing the limited practice of law, by nonlawyers as limited license legal practitioners.
(b) The Task Force for Limited License Legal Practitioners shall examine and recommend
whether nonlawyers, with specific qualification, should be allowed to provide limited legal services in certain areas of practice.
(c) The task force shall include at least a representative from:
(1) The West Virginia State Bar Association;
(2) The West Virginia University College of Law;
(3) Marshall University;
(4) The West Virginia Law Institute; and
(5) Circuit Judge.
(d) The task force shall consider in its recommendations:
(1) The certification required to be a limited license legal practitioner;
(A) Including the registration for the limited legal practitioner;
(B) The examination for the limited license legal practitioner;
(i) The entity that will administer the exam;
(ii) The entity that will review the exam;
(iii) The scope of legal practice within the exam;
(iv) The scope of professional responsibility of the exam;
(v) Notice to the applicant of the results from the exam; and
(vi) The duration for which an examination is valid.
(2) Prerequisites required for entry into certification program;
(A) The requirements for the application;
(B) Prior educational experience;
(C) Minimum age requirement; and
(D) Character and Fitness considerations.
(3) Consider modifications to the certification requirements for applicants with relevant educational experience:
(A) Provide them an alternative path to achieving required hours by a showing for applicants with:
(i) A relevant Master's degree;
(ii) A paralegal certification.
(B) Potential changes to the certification if an individual was seeking a certification in multiple practice areas.
(4) The areas of practice available to be a limited license legal practitioner beginning with child abuse and/or neglect proceedings and mental hygiene proceedings and limited to areas of civil litigation.
(5) The services a limited legal license practitioner may provide;
(6) The implementation process for limited license legal practitioners;
(7) The cost associated with establishing a certification program at different institutions;
(8) The cost to potential limited legal license practitioners; and
(9) The timeline for establishing the certification programs for initial and subsequent areas of practice.
(e) The task force shall identify changes to the Rules of Professional Conduct to accommodate limited license legal practitioners.
(f) The task force shall identify a process by which aggrieved parties may make a complaint against a limited license legal practitioner.
NOTE: The purpose of this bill is to enumerate the West Virginia Supreme Court of Appeals capacity to create rules regarding the scope of practice in the state of West Virginia while creating a task force to encourage the West Virginia Supreme Court of Appeals to create rules allowing nonlawyers the ability to practice law under a limited license.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
