West Virginia Code § 51-1-4a

Rules governing practice of law; creation of West Virginia State Bar;
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providing its powers, and fees for administration.
The Supreme Court of Appeals of West Virginia shall, from time to time, prescribe, adopt,
promulgate, and amend rules:
(a) Defining the practice of law.
(b) Prescribing a code of ethics governing the professional conduct of attorneys at law and
the practice of law, and prescribing a code of judicial ethics.
(c) Prescribing procedure for disciplining, suspending, and disbarring attorneys at law.
(d) Organizing and governing by and through all of the attorneys at law practicing in this
state, an administrative agency of the Supreme Court aof Appeals of West Virginia, which
shall be known as "The West Virginia State Bar." The West Virginia State Bar shall be a part
of the judicial department of the state government land is hereby created for the purpose of
enforcing such rules as may be prescribed, adopted and promulgated by the court from time
to time under this section. It is hereby authorized and empowered to perform the functions
and purposes expressed in a Constitution, ibylaws and amendments thereto as shall be
approved by the Supreme Court of Appeals from time to time. All persons practicing law in
this state shall be members of the West Virginia State Bar in good standing: Provided,
however, That the West Virginia State Bar shall not become operative until its Constitution
and bylaws shall first have been submitted to all attorneys at law practicing in this state,
including those presently serving in the Armed Forces of the United States, for the purpose
of securing the suggestions and recommendations of all such attorneys at law, for a period of
at least sixty days prior to the entry of an order by such court approving said Constitution
and bylaws.
(e) Fixing a schedule of fees to be paid by attorneys at law practicing in the State of West
Virginia for the purpose of administering this section, and providing for the collection and
disbursement of such fees: Provided, however, That the annual fees to be paid by any
attorney at law shall not exceed the sum of $5, unless a majority of the attorneys at law
practicing in this state consent to the payment of a higher annual fee.
The inherent rule-making power of the Supreme Court of Appeals is hereby declared.
When and as the rules of the court herein authorized shall be prescribed, adopted, and
promulgated, all laws and parts of laws that conflict therewith shall be and become of no
further force or effect to the extent of such conflict.

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