HOUSE CONCURRENT RESOLUTION NO. 6
(By Hartman, Amores, Caputo, Hrutkay,
Mahan, Moore, Morgan, Overington and Schadler )
Urging the West Virginia Supreme Court of Appeals to adopt the
recommendations of the West Virginia State Bar's Lawyer
Advertising Commission to amend the current Rules of
Professional Conduct for the further regulation of
communications about lawyers and their services.
Whereas, the Lawyer Advertising Commission was appointed by
The West Virginia State Bar to research, study and debate factual,
legal and ethical issues related to advertising by the State's
lawyers; and
Whereas, The Lawyer Advertising Commission has examined the
subject from many perspectives, including the advisability and
scope of permissable regulation of lawyer advertising in West
Virginia and the approaches that other states have taken on the
issue; and
Whereas, the Lawyer Advertising Commission has found and
concluded that although most lawyers who advertise do so
responsibly, there is a need for further regulation of
communications about lawyers and their services in order to promote
respect for the legal process and to protect the public from being
misled by false or deceptive advertising; and
Whereas, on the basis of its findings, the Lawyer Advertising
Commission has recommended to the State Bar's Board of Governors
that the current West Virginia Rules of Professional Conduct be
expanded and amended to address the issue of lawyer advertising;
and
Whereas, the State Bar's Board of Governors has accepted the
Lawyer Advertising Commission's report and its recommendations,
with further amendments, and has forwarded the report and
recommendations to the West Virginia Supreme Court of Appeals for
its review and action; and
Whereas, the recommendations of the Lawyer Advertising
Commission are currently awaiting action by the West Virginia
Supreme Court of Appeals which has exclusive authority to regulate
the practice of law in this State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the West Virginia Supreme
Court of Appeals to adopt the Lawyer Advertising Commission's
recommendations to expand and amend the West Virginia Rules of
Professional Conduct; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
West Virginia Supreme Court of Appeals
.