To promote public confidence in the administration of justice and the honor and integrity of the legal profession by reimbursing all or part of losses sustained by clients or those to whom a fiduciary duty is owed as a result of a Virginia lawyer’s dishonest conduct.

Virginia lawyers are assessed an annual fee of up to $25 to fund the Clients' Protection Fund. Effective July 1, 2021, the annual fee is $5. And as of July 1, 2018, Virginia statute requires that the assessment continue through July 1, 2023.

Reimbursable losses must satisfy all the elements of the following test:

1. The loss was caused by the dishonest conduct of the lawyer, not by negligence or malpractice.
2. The loss arose from a lawyer-client relationship or a fiduciary relationship between the lawyer and the claimant.
3. The claim is filed within seven years from when the petitioner knew or should have known about the loss.
4. The amount of the loss can be documented.

One of the following applies to the lawyer:

• The lawyer has been disbarred or suspended from the practice of law, or has transferred to another class of membership during a disciplinary proceeding; or
• The lawyer has voluntarily resigned from the practice of law in Virginia; or
• The lawyer has died; or
• The lawyer has been adjudicated incompetent; or
• The lawyer has discharged debts in bankruptcy; or
• The lawyer’s whereabouts is unknown to the claimant after reasonable efforts to locate the lawyer.

A 14-member board appointed by the Virginia State Bar Council operates the fund. Members of the board investigate each claim, and the board reviews the results of the investigation to ascertain if the claim loss fits within its guidelines for reimbursement.

If you believe your loss meets the requirements outlined, download the petition for reimbursement, complete the editable form, and mail it to the address on the form or email it to [email protected]. All petitions must be filed in English. Todas las peticiones deben presentarse en inglés.

If you have any questions you may contact Vivian Byrd at (804) 775-0572.

Client's Protection Fund Petition for Reimbursement

The Board is composed of 14 members (13 lawyers, 1 lay member). Volunteers are solicited beginning in June in Virginia Lawyer magazine, in emails, and online; applications are due in August. Applicants send a brief résumé and a short statement of interest to [email protected]. All members serve 3-year terms, with two consecutive terms allowed.

• National Client Protection Organization, Inc.
• ABA Standing Committee on Client Protection
• ABA Center for Professional Responsibility
• Map of USA Client Protection Funds (2021)