Proposed Amendment to Part 6, Section IV, Paragraph 13, Increase in Amount of Reinstatement Bond

Increase in Amount of Reinstatement Bond

On May 29, 2009, the Supreme Court of Virginia approved an amendment which increases the amount of the bond posted with a petition for reinstatement of an attorney’s law license following revocation. This bond offsets the costs of administration of the reinstatement proceeding, and any unused amount is refunded to the attorney. (Effective August 1, 2009.)

Part 6, Section IV, Paragraph 13 of the Rules of the Virginia Supreme Court

13. PROCEDURE FOR DISCIPLINING, SUSPENDING, AND DISBARRING ATTORNEYS

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I. Board Proceedings

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8. Reinstatement Proceeding

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b. After Revocation

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(2) After a Revocation, Petitioner’s License to practice law shall not be reinstated unless the Petitioner proves by clear and convincing evidence that Petitioner: within five years prior to filing the petition has attended 60 hours of continuing legal education, of which at least ten hours shall be in the area of legal ethics or professionalism; has taken the Multistate Professional Responsibility Examination and received a scaled score of 85 or higher; has reimbursed the Bar’s Clients’ Protection Fund for any sums of money it may have paid as a result of Petitioner’s Misconduct; has paid the Bar all Costs that have been previously assessed against Petitioner, together with any interest due thereon at the judgment rate; has reimbursed the Bar for any sums of money it may have paid as a result of a receivership involving Petitioner's law practice; and is a person of honest demeanor and good moral character and possesses the requisite fitness to practice law. The Petitioner shall post with his or her petition for Reinstatement a $3,500 $5,000 cash bond for payment of Costs resulting from the Reinstatement Proceedings. At the conclusion of the Reinstatement Proceeding, the Board or the Clerk of the Disciplinary System shall determine the Costs associated with such proceeding and submit that determination to the clerk of this Court as part of the Board’s findings of fact.

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Updated: Jun 10, 2009