The West Virginia Bar Associationwvbarassociation.org/assets/pdf/communique/Communique...co-hosting...

The West VirginiaBar Association

J. Tyler DinsmorePresident

Pryce M. Haynes IIExecutive Director

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P.O. Box 2162 Huntington, WV 25722

Ph: (800) 944-9822Fx: (304) 522-2795

E-mail: [email protected]

hank you for the honor of elect-ing me as President of The WestVirginia Bar Association. Last year’sPresident, Howard Persinger, with theassistance of our very capable Execu-tive Director, Pryce Haynes, has donea great job in fortifying thisorganization’s value to the practicinglawyer in West Virginia.

The West Virginia Bar Association hasalways been dedicated to enhancingthe enjoyment of the practice of law.I am proud to say that our annualmeeting, held at The Homestead inSeptember, greatly increased the at-tendees’ enjoyment of the practice oflaw and each other. The meeting pro-vided a great opportunity for continu-ing legal education and a beautifulvenue for socializing, sports and otherdistractions. We were even gracedwith the gregarious, if not downrightornery, presence of Sam Snead. Headded a jovial air to our banquet, even

if he did disparage my mother in frontof 200 well-dressed people.

The West Virginia Bar Association willhold its 116th annual meeting at TheHomestead on September 19, 20 and21, 2002. This year’s annual meetingpromises to be even more well-attended,educational and entertaining. We arealso in discussions with the Virginia BarAssociation (Virginia’s voluntary Bar)about joining forces in 2003 for a jointannual meeting at The Greenbrier. Ob-viously, the details are not yet workedout; however, the opportunity to meetand socialize with our brethren from theCommonwealth holds great intrigue.

Your Bar Association will continue toprotect the interests of West Virginialawyers in the areas of unauthorizedpractice of law through our involvementin civil actions and before our State Leg-islature. Some of our members are pres-ently very involved in protecting the

real estate lawyers’ area of practice.Also, we are looking into our poten-tial involvement in the controversy overthe representation of State agencies.We are also mindful of our duties ascitizens since the September 11 trag-edy. The West Virginia Bar Associa-tion is looking for ways to help. Ouryoung lawyers have offered to help ourNational Reserve with pressing legalmatters, and we are developing a planfor Red Cross fund raisers/blood drives.

If you have any ideas on how we canbe of service to our nation and ourmembers, please call me at 347-4234.

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The 116th Annual Meetingof

The West Virginia Bar Association

The Homestead ResortHot Springs, Virginia

September 19 - 21, 2002

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Annual Meeting a Huge Success

f you missed this meeting, you missed a good one! This was one of the best-attended annual meetings in quite a while. Sam Snead was a big hit and everyonehad the opportunity to visit and have their pictures taken with Sam.

We were the first group to use The Homestead’s new Conference Center, whichmade a delightful venue for our CLE seminars and exhibitor displays. As usual,the folks at The Homestead were most accomodating in every aspect of our meet-ing.

Join us next year at The Homestead, September 19 – 21, 2002, for the 116th

Annual Meeting. They just keep getting better and better! Mark your calendarnow for a great fall weekend in Bath County, Virginia.

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J. Tyler Dinsmore, with Flaherty,

Sensabaugh & Bonasso, P.L.L.C.

in Charleston, was elected Presi-

dent of The WVBA, and Robert

M. Steptoe, Jr., with Steptoe &

Johnson, PLLC in Clarksburg, was

elected to the Executive Council,

replacing past president Howard

M. Persinger, Jr.. Jill Cranston

Bentz, with Spilman Thomas &

Battle, PLLC in Charleston, as

president of the YLD, is also a new

member of the Executive Council.

Please refer to the listing of the

Executive Council members on

page 7 of this issue for a complete

list of our 2002 EC members.

New Officersand Executive CouncilMemberselected atAnnual Meeting

Pictured (l-r): Judge C. Berkley Lilly, PhilHill, Sam Snead and John McCusky.

Pictured (l-r): Courtney Persinger, Sam Sneadand H.M. “Mo” Persinger, III.

Pictured (l-r): Greg McNear, Tom Lilly and Hon.Robert B. King.

Pictured (l-r): Jeanne Persinger, HowardPersinger and Jeanne Franklin, President ofthe Virginia Bar Association.

Bob Stein, Executive Director of theAmerican Bar Association.

Pictured (l-r):

Pat Gompers, Lewis Carroll,

Andy Miller, Sherri Miller,

Sam Snead and Joe

Gompers.

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Honorable Thomas B. Miller, Retired, receives Award of Merit he West Virginia Bar Association presented its prestigious Award of Merit for“…outstanding lifetime of distinguished service to the legal profession and/or thejudiciary in West Virginia,” to Honorable Thomas B. Miller, Retired Justice ofThe West Virginia Supreme Court of Appeals (1976-1994). Presentation of TheWVBA’s highest award was made by Honorable Thomas B. McHugh, formerChief Justice of The West Virginia Supreme Court of Appeals. During his tenureon the Court, Judge Miller served as Chief Justice in 1982, 1986, and 1990.Judge Miller has received many awards for his remarkable and illustrious career,including the Distinguished West Virginia Award by Governor Gaston Capertonand the Justita Officium Award by the West Virginia College of Law. Formerrecipients of The Award of Merit include Edward I. Eiland, Esq. ’97, John O.Kizer, Esq. ’98, Charles R. McElwee, Esq. ’99 and Charles F. Bagley, Jr., Esq. ’00.

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Pictured (l-r): Honorable Thomas B.McHugh, Honorable Thomas B. Miller,Ret., President Howard M. Persinger, Jr.

Howard M. Persinger, Jr. of Williamson, West Virginia, passed the gavel at ourAnnual Meeting to Tyler Dinsmore. Howard energized The WVBA and its Ex-ecutive Council to one of the best years The WVBA has had in recent history. Histireless efforts and consummate attention to The WVBA’s purpose and futuresuccess resulted in many accomplishments achieved by The WVBA duringHoward’s presidency:

· Established a $10,000 endowment fund named “The West Virginia Bar As-sociation Book Scholarship” at The WVU College of Law

· Achieved a 40% increase in Annual Meeting attendance

· Commissioned our loyal member and past-president Forest J. “Jack” Bowmanto write the history of The WVBA (publication of same is anticipated in 2002)

· Established The WVBA University Online which offers CLE to members andnon-members (members receive a 36% discount)

· Rekindled our relationship with the Virginia Bar Association

· Developed and implemented comprehensive database software for improvedmembership and annual meeting organization

There were many tasks carried out with the utmost expediency by Howard’s wife,Jeanne. The WVBA is indebted to Jeanne for her able assistance in arrangingmeetings, following up on many details, and terrific insight and ideas.

The WVBA extends a sincere thank you and best wishes toHoward and Jeanne Persinger!

Persinger Completes Successful Year as President

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The Young Lawyers Division Plans a Big YearJill Cranston Bentz, President

Young Lawyers Division

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he coming year should be an excit-ing one for the Young Lawyers Division(“YLD”). We have an enthusiastic groupof young lawyers, representing differentgeographic areas of the State. All of themare committed to ensure that this willbe a productive and eventful year for theYLD.

To start, the YLD kicked off the year byco-hosting a tailgate party with theWest Virginia University College ofLaw’s Student Bar Association on Sat-urday, October 6, 2001, before theMountaineers’ football game. We hada terrific showing and registered severalnew members for the YLD.

In an effort to continue our growth, theYLD plans to host “Traveling Recep-tions” for the legal community in dif-ferent areas of the State. Specifically,plans are currently underway to host acocktail reception for lawyers in theWheeling area this winter and anotherreception in the Eastern panhandle af-ter that. We hope to coordinate gather-ings in other areas as well.

The YLD has also begun plans to host agolf tournament in mid-April and, onceagain, will host the Bench and Bar Re-ception in Charleston. In July, we willsponsor an “after-the-bar exam” party forWest Virginia’s newest young lawyers.

We have an ambitious year planned andare committed to making this the bestyet!

If you or someone you know is inter-ested in becoming involved in the YoungLawyers Division, please contact PryceHaynes at 800-944-9822 or by E-mailat [email protected], or meat 304-340-3880 or by E-mail [email protected].

Logan Hassig, of Snyder & Hassig, New Martinsville, WV,

made his first hole-in-one on The Homestead Course par

three second hole during The Annual Meeting Golf Scramble

on September 28, 2001. Witnesses to Logan’s 125 yard ace

with an 8 iron were John and Susan Tinney and Pat Fragile.

Sam Snead presented Logan with an autographed Home-

stead “Hole-in-One Certificate” along with a Homestead

“Hole-in-One” coffee mug and a dozen golf balls, compli-

ments of First American Title Insurance Company, during

the Friday evening dinner at the Annual Meeting.

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Hassig scores ACE at The Homestead!

Logan Hassig shares a laugh with golf legand Sam Snead.

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ingsley R. Smith, a good friendand frequent adversary who practicedlaw with Steptoe & Johnson inClarksburg until his death often relatedthe following story, particularly whencomplaints were made of the lack ofspeed with which his clients dealt withclaims.

An older member of the HarrisonCounty Bar served as a Commissionerfor a good part of his years of practice.He was never known as a Mr. Speedy ingetting things done and frequently hadin his breast estates upon which he haddone nothing for years. Counsel for thebeneficiaries of one of the estates pleadedwith the old Commissioner to submitthe final settlement of the estate to theCounty Court for formal approval, butsuch pleas fell on deaf ears.

Finally, the attorney for the beneficia-ries of the estate brought a motion be-fore the Circuit Court of HarrisonCounty seeking an Order requiring theold Commissioner to do his duty. On

the return day for the motion, counselfor the beneficiaries of the estate madean impassioned plea on behalf of his cli-ents pointing out that several of thebeneficiaries of the estate had died with-out receiving the benefits from the es-tate to which they were entitled, andthat other beneficiaries were also threat-ened with loss of their inheritance - bydeath - if there was further delay.

The response made by the old Commis-sioner when it came his time to speakexemplified my friend Kingsley’s phi-losophy when it came to actually dis-pensing funds to conclude litigation.The old Commissioner arose and sol-emnly stated to the Court: “Let us laythe cool finger of patience upon the fe-vered brow of hurry and haste and withsmiling grace await the laws delay.”

The Rules of Civil Procedure, particu-larly as amended in Federal Practice in1993, were aimed at speeding up, andin the process, reducing expense, in civillitigation. The effect of the rule changes

�� has not eliminated delay, but probablyhas reduced it. It affords some comfortto recognize that in a world where hurryand haste have become SOP, the oppor-tunity to await the laws delay with smil-ing grace still exists - but the delay willbe shorter.

Those of you who missed the 115th An-nual Meeting of the West Virginia BarAssociation at the Homestead on Sep-tember 27, 28 and 29, 2001, missedsome very interesting educational pre-sentations bracketed by social and rec-reational events in a setting so beautifulthat it should be a part of West Virginia.It is apparent to me that in 1863, thewrong ridge was established as theboundary line.

We will be back at the Homestead forthe 116th Annual Meeting of our Asso-ciation September 19, 20 and 21, 2002.You really should include the 2002meeting in your plans.

2002 Dues statements Coming Soon

Be on the lookout for your 2002 dues statement. Statements are being sent to you in December in order

for you to have the opportunity to pay them before January 1, 2002 and receive a tax deduction for 2001!

Remember, if your firm has 5 or more attorneys and your firm pays the dues for all attorneys affiliated with

your firm with one remittance, you save 10%! Call The WVBA office (800-944-WVBA) for a “list bill”

discount form.

The Executive Council approved an increase in the dues, effective 2002. Although the increase may seem high to you at first glance, please keepin mind, it has been almost ten years since our dues were last increased, and it is imperative we maintain a sound financial footing to meetthe needs of our membership.

James “Jay” WestPresident-Elect, West Virginia Bar Association

A Plea for The Ages

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It pays to be a member of The WVBA!

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The West Virginia Bar Association has entered into an

agreement with Boise Cascade Office Products to pro-

vide WVBA members with office products at significant

discounts. Boise Cascade is the largest contract stationer

in North America, with fifty-two (52) distribution cen-

ters in the United States.

You were sent a cataloge from Boise Cascade that includes

approximately 1,500 items priced at 50% off list price.

These 1,500 items include many of the traditional “high

usage” items that most business offices use on a daily ba-

sis such as legal pads, pens, filing supplies, etc. In addi-

tion, there are no shipping charges, no minimum order

size and next-day delivery to most areas in West Virginia.

This is a great opportunity to save your firm money on

items that you use every day. For additional information,

contact Mick Bell at Boise Cascade: 1-800-532-6473

ext. 8466.

Buy Office Products at Discount Prices

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The West Virginia Bar AssociationExecutive Council (*) and Division and Committee Chairs (+)

In those days the West Virginia Legisla-ture met for legislative purposes only inthe “odd” years. 1945 being an “odd”or “legislative” year, PresidentMcDougle announced that the Associa-tion would present to the 1945 Legis-lature “a program of progressive and con-structive legislation for the welfare of allthe people.” (It’s hard to see how any-one could oppose a legislative programdesigned “for the welfare of all thepeople.”)

At the Annual Meeting that year (heldat the Daniel Boone Hotel in Charles-ton), President (and Former West Vir-ginia Governor) Homer Holt introducedthe main speaker, Rear Admiral Thomas

Leigh Gatch, Judge Advocate General ofthe Navy. The Association also learnedthat the WVU Law School enrollmentfor the fall of 1944 was fourteen, thesame number enrolled the precedingyear. However, the school was prepar-ing for the influx of veterans expected atthe end of the war.

The Association’s newsletter was packedwith news of lawyer servicemen, at homeand abroad. Familiar names, with unfa-miliar military rank, reported in to theAssociation from military posts in thePacific, Europe and around the UnitedStates.

n November 1944, as our countrywas at war, Robert B. McDougle, ofParkersburg, President of The West Vir-ginia Bar Association, announced (to“Members of the West Virginia BarAssociation and our Brethren in theArmed Services”) that the Associationwas contemplating refresher courses af-ter the war for West Virginia lawyersreturning from the armed services. Healso announced that the War ServiceCommittee, of which Charles McCamicof Wheeling was the Chairman, andwhich had voluntary lawyers in practi-cally every county, would be contin-ued “for the purpose of helping servicemen and women with their legal prob-lems.”

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J. Tyler Dinsmore, President *+

Chair: Long Range Planning CommitteeMember: Nominations CommitteeFlaherty, Sensabaugh, & Bonasso, P.L.L.C.P. O. Box 3843Charleston, WV 25339-3843200 Capitol StreetCharleston, WV 25301Ph: 345-0200Fx: [email protected]

Forest J. Bowman *+Chair: Senior Lawyers DivisionCo-Vice Chair: Legislation CommitteeHale J. Posten Professor of LawWVU College of LawP. O. Box 6130Morgantown, WV 26506-6130Ph: 293-7081Fx: [email protected]

Edward I. Eiland +Chair: Legal Biography CommitteeEiland and BennettP. O. Box 899Logan, WV 25601-0899200 Bank One BuildingLogan, WV 25601Ph: 752-2275Fx: 752-2281

Thomas S. Lilly *+Co-Chair: Real Estate Lawyers DivisionCo-Vice Chair: Legislation CommitteeSmith & Lilly1421 Princeton AvenuePrinceton, WV 24740Ph: 425-2196Fx: [email protected]

Charles M. Love III *+Chair: Legislation CommitteeMember: Nominations CommitteeBowles Rice McDavid Graff & Love PLLCP. O. Box 1386Charleston, WV 25325-1386600 Quarrier StreetCharleston, WV 25301Ph: 347-1104Fx: [email protected]

John F. McCuskey *+Co-Chair: Annual Meeting CommitteeMember: Nominations CommitteeShuman, McCuskey & SlicerP. O. Box 3953Charleston, WV 25339405 Capitol Street, Suite 1007Charleston WV 25301Ph: 345-1400Fx: [email protected]

Richard A. Pill *+Co-Chair: Real Estate Lawyers DivisionCo-Chair: Membership CommitteePill & PillP. O. Box 1938Martinsburg, WV 25402-19381444 A. Edwin Miller Blvd.Martinsburg WV 26554Ph: 263-4971Fx: [email protected]

Robert M. Steptoe, Jr. *Steptoe & JohnsonP.O. Box 2190Clarksburg, WV 26302-2190Ph: 624-8142Fx: [email protected]

James C. “Jay” West, Jr., President-Elect *+Co-Chair: Annual Meeting CommitteeMember: Nominations CommitteeWest and JonesP. O. Box 2348Clarksburg, WV 26302-2348360 Washington AvenueClarksburg, WV 26301Ph: 624-5501Fx: [email protected]

Jill Cranston Bentz*+Chair: Young Lawyers DivisionSpilman, Thomas & BattleSpilman Center300 Kanawha Boulevard EastP.O. Box 273Charleston, WV 25321-0273Ph: 340-3880Fx: [email protected]

Pryce M. Haynes II, Executive Director *Pryce Haynes AssociatesP. O. Box 2162Huntington, WV 25722-2162#11 Heritage VillageHuntington, WV 25701Ph: 522-2652Fx: [email protected]@phaweb.com

Reflections on Our PastForest J. Bowman

Chairman, Senior Lawyers Division

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