Rule 4.0 - Admission without Examination(a)Intention to practice in West Virginia. - In order to be eligible for admission to practice in the State of West Virginia, without examination, upon the basis of admission in any other state, an applicant must demonstrate to the satisfaction of the Board that he or she intends to practice law in the State of West Virginia on at least a minimal basis. (b)Reciprocity requirements. - To be eligible for admission to practice in the State of West Virginia upon the basis of admission in any other state, an applicant must have been lawfully engaged in the active practice of law for five (5) of the seven (7) years next preceding his or her application and must have held a valid license to practice law from some state throughout such five year period; and, must demonstrate to the Board that the standards of admission in at least one of the states where he or she was previously admitted were, at the time of the applicant's admission in that state, and are now, substantially equivalent to the standards for admission in West Virginia. (c)Definition of active practice of law. - Engagement in the active practice of law for the purpose of these rules shall mean practice on a substantial basis motivated by a desire to earn a livelihood from that practice. Practice for the required period must have been active and continuous. A lawyer in military or government service shall be considered to have been engaged in the active practice of law only for the period of time when he or she was engaged primarily in the performance of legal services or duties. A lawyer employed as a judge, magistrate, hearing examiner, administrative law judge, or similar official of the United States, including independent agencies thereof, or of any state, territory or municipality of the United States with duties of hearing and deciding cases and controversies in judicial or administrative proceedings, shall be considered to have been engaged in the active practice of law, provided such employment is available only to a lawyer. A lawyer employed as a full-time teacher in any approved law school shall be considered to have been engaged in the active practice of law. W.V. R. Admis. Prac. Law. 4.0
As amended by order entered June 24, 1992, effective 7/1/1992; and by order entered June 14, 1995, effective 9/1/1995 by order entered November 26, 2002, effective11/26/2002.