Rule 7.1 - Conditional Admission(a)Terms of conditional admission. - An applicant's admission to practice may be conditioned for a specified period of time, not to exceed two years at its commencement, either upon the recommendation of the Board and approval by the Supreme Court of Appeals, or by the Court upon its own motion. Recommendations for conditional admission shall be considered, but not binding upon the Court. Conditions imposed shall be tailored to detect recurrence of behavior which could render an applicant unfit to practice law, or which could pose a risk to clients or the public, and to encourage continued treatment, abstinence, or other support. Conditions may include supervised practice, substance abuse treatment and counseling, medical treatment, random drug or alcohol screening, mental health treatment and counseling, financial counseling, or other terms appropriate under the circumstances. The terms adopted by the Court shall be set forth in a Conditional Admission Order filed with the Clerk of the Supreme Court of Appeals, and copies of the Order shall be provided to the Board, the Office of Disciplinary Counsel, the applicant, and the West Virginia State Bar. (b)Conditional Admission Agreement. - The terms ordered by the Court shall be set forth in a Conditional Admission Agreement, which may also include terms deemed necessary by the Board for monitoring of the applicant's compliance with the Court's order. Unless otherwise ordered by the Court, the contents of the Conditional Admission Agreement shall remain confidential to anyone not directly involved in the monitoring of the applicant's compliance with the Agreement. The Agreement shall be signed by the Board's President or designee, by the applicant, and by the Clerk. The applicant's compliance with the Agreement shall be monitored by the Bar Admissions Administrator, who may take such action as is necessary to monitor compliance with the terms of the Agreement, including, without limitation, referral for local monitoring by an attorney in the applicant's community, referral to a lawyer assistance program, requiring that the applicant maintain residency in a specific area if necessary to monitor compliance with the Agreement, requiring the applicant to submit physical or written evidence or other verification of compliance with the Agreement, and requiring the applicant to submit to an assessment by a medical or mental health professional. (c)Modification and revocation of conditional term. - Where the Bar Admissions Administrator has a reasonable belief either that the applicant is in violation of the Conditional Admission Agreement or that the applicant's circumstances have changed such that a modification of the agreement is necessary, the Bar Admissions Administrator shall give written notice to the applicant of the alleged violation or proposed modification. Unless, within twenty days of receipt of the written notice, the applicant consents to the modification or revocation of the Agreement, the Administrator shall schedule a hearing under Rule 6.0, and shall proceed as set forth under that rule. An applicant whose conditional admission has been revoked is prohibited from reapplying for admission until two years have passed from the date of the revocation, unless the Court orders otherwise. (d)Completion of conditional term. - At the conclusion of the conditional admission period, the Board shall make a written recommendation to the Court as to whether the conditions attached to the applicant's admission should be lifted, modified, or extended, or whether the applicant's conditional admission should be revoked. Not later than five years after the conditional admission was first granted, the Court shall remove the conditions placed upon admission or decline to admit the applicant to the practice of law. Copies of the Court's final Order on the conditional admission shall be provided to the Board, the Office of Disciplinary Counsel, the applicant, and the West Virginia State Bar. (e)Authority of the Lawyer Disciplinary Board. - Nothing in these rules shall restrict or diminish the authority of the Lawyer Disciplinary Board or the Office of Disciplinary Counsel with respect to complaints filed against conditionally admitted applicants. Where the Board of Law Examiners has probable cause to believe that a conditional admission applicant has violated the terms of the Conditional Admission Order or Conditional Admission Agreement in a manner implicating the Rules of Professional Conduct, the Board may inform the Office of Disciplinary Counsel of the same. W.V. R. Admis. Prac. Law. 7.1
As amended by order entered November 20, 2012, effective 1/1/2013.