1. Name

The name of the Organization shall be the Virginia State Bar.

2. Membership and Registration

1. Every person licensed by the Virginia Board of Bar Examiners or admitted by the Supreme Court of Virginia is a member of the Virginia State Bar. Such persons shall register with the Virginia State Bar within one year after licensure or admission. Attorneys who are seeking active membership in the Virginia State Bar under Virginia Supreme Court Rule 1A:5, Part I (Virginia Corporate Counsel) must complete their registration requirements with the Virginia State Bar and their admission before the Supreme Court of Virginia within six months; otherwise such attorneys will be required to initiate a new application process.
2. Every lawyer making application to the Virginia State Bar as a Corporate Counsel Registrant under Virginia Supreme Court Rule 1A:5 Part II, and every lawyer issued a certificate by the Virginia Board of Bar Examiners under Virginia Supreme Court Rules 1A:6 or 1A:7 must complete their registration requirements with the Virginia State Bar within six months; otherwise such attorneys will be required to initiate a new application process.

3. Classes of Membership

Members of the Virginia State Bar are divided into six classes, namely: (a) Active Members, (b) Associate Members, (c) Judicial Members, (d) Disabled Members, (e) Retired Members; and (f) Emeritus Members. Each member must submit in writing to the Virginia State Bar an address of record and email address of record, either of which may be used for official membership for regulatory purposes by the Virginia State Bar, and the address of record which is to be used for notices of disciplinary proceedings. If a member’s address of record is not a physical address where process can be served, the member must also submit in writing to the Virginia State Bar an alternate physical address where process can be served. The alternate address is personal information and will not be disclosed in response to a request pursuant to Section 2.2- 3704, Code of Virginia. Members have a duty promptly to notify the Virginia State Bar in writing of any changes in their address of record, email address of record, or any alternate address. Members, by request, may have their names and addresses removed from the Virginia State Bar's membership list when it is distributed for other than Virginia State Bar official purposes.

1. Active Members—Those lawyers who are admitted to practice law in the Commonwealth of Virginia and who are in good standing, qualify for active membership in the Virginia State Bar. They may become active members by paying the dues prescribed for active members and satisfying all other regulatory requirements. Each active member’s address of record will establish the judicial circuit in which the member is authorized to vote and hold office in the Virginia State Bar. For purposes of this subparagraph, “good standing” means the lawyer has satisfied all requirements for membership as established by these Rules, and has no current disciplinary or administrative suspension.
2. Associate Members—Associate members are entitled to all the privileges of active members except that they cannot practice law, vote nor hold office (other than as members of committees) in the Virginia State Bar. Those lawyers who have been admitted to practice law in the Commonwealth of Virginia, and all persons on the law faculties of any law schools located in this state that have been approved by the American Bar Association, may become associate members of the Virginia State Bar upon application to the Virginia State Bar and payment of the required dues.
3. Judicial Members—Lawyers who are admitted to practice law in any U.S. jurisdiction and who establish their authority to adjudicate the rights and liabilities of parties in adversarial proceedings other than arbitration on a full time basis, and who make final decisions affecting the rights and liabilities of parties, notwithstanding a right of appeal of the non-prevailing party, including Virginia magistrates; and, who are Virginia licensed lawyers at the time of application to the judicial class of membership, or preside in a tribunal located in Virginia, or, by virtue of the applicant’s official position, have the authority to, and regularly, judicially interpret Virginia law, qualify for judicial class membership in the Virginia State Bar. They may become judicial members by filing an annual affirmation with the Virginia State Bar which identifies their tribunal or jurisdiction, address of record, and judicial title. They are not required to pay dues but are entitled to all the privileges of active members except that they cannot vote nor hold office in the Virginia State Bar. Former judges who do not engage in the practice of law and are ineligible to transfer to the retired class of membership may retain their judicial class membership by completing the annual affirmation indicating their previous title and tribunal or jurisdiction.
4. Disabled Members—Any member of the Virginia State Bar, on the basis of a disability, may submit to the Virginia State Bar a written request to be transferred to the disabled class of membership. Members who seek this status must submit adequate medical and/or psychological documentation with the request. Members approved for transfer to the disabled class are not required to pay dues, are not authorized to practice law, and cannot vote or hold office in the Virginia State Bar.
   1. A disabled member who has filed a declaration (endorsed by the member and member’s counsel or guardian ad litem, as applicable) with the Clerk of the Disciplinary System and the Virginia State Bar’s Membership Department affirming that the member will not seek a transfer from the disabled class of membership may not seek reinstatement to any other class of membership.
   2. A disabled member who has not filed a declaration as described in subparagraph (d)(1) may submit a petition to the executive director in writing for transfer to active, associate, retired or emeritus membership and state in the petition each circumstance that has changed since the member elected disabled membership. Adequate medical and/or psychological documentation must be submitted with the petition demonstrating that the member is fit and capable of practicing law. If there are any misconduct complaints or proceedings pending in any jurisdiction when the executive director receives a petition for reinstatement, or if there is any concern regarding the member’s fitness or capacity to practice law, the executive director must defer consideration of the petition until the misconduct or disability issue is resolved. Once reviewed by the executive director, the Executive Committee of the Virginia State Bar will review and act on any such petition, taking into account the recommendation of the executive director. The Executive Committee may deny a petition for reinstatement if the member has been publicly disciplined in any jurisdiction or is determined to have a disability raising a serious question as to the member’s fitness or capacity to practice law. If the Executive Committee approves the petition, the member will be transferred to active, associate, retired or emeritus status conditioned upon payment of the appropriate dues, satisfaction of any other regulatory requirements, and payment of any outstanding financial obligations to the Virginia State Bar. Medical and/or psychological information provided pursuant to this subparagraph (d) is confidential and will not be disclosed by the Virginia State Bar.
5. Retired Members—Any member of the Virginia State Bar, upon attaining 70 years of age, may submit to the Virginia State Bar a written request to be transferred to the retired class of membership. Members approved for transfer to the retired class are not required to pay dues, are not authorized to practice law, and cannot vote or hold office in the Virginia State Bar.
   1. A retired member who has filed a declaration (endorsed by the member and member’s counsel or guardian ad litem, as applicable) with the Clerk of the Disciplinary System and the Virginia State Bar’s Membership Department affirming that the member will not seek a transfer from the retired class of membership, may not seek reinstatement to any other class of membership.
   2. A retired member who has not filed a declaration as described in subparagraph (e)(1) may submit a petition to the executive director in writing for transfer to active, associate, disabled or emeritus membership and state in the petition each circumstance that has changed since the member elected retired membership. Adequate documentation must be submitted with the petition showing that the member is fit and capable of practicing law. If there are any misconduct complaints or proceedings pending in any jurisdiction when the executive director receives a petition for reinstatement, the executive director must defer consideration of the petition until the misconduct issue is resolved. Otherwise, the executive director will consider and act on any such petition.
   3. The executive director may deny a petition for reinstatement if the member has been publicly disciplined in any jurisdiction or, if in the discretion of the executive director, the member is determined to have a disability raising a serious question as to the member’s fitness or capacity to practice law. If the executive director denies the petition, the Executive Committee of the Virginia State Bar must review the decision of the executive director. If the executive director approves the petition, the member will be transferred to active, associate, disabled or emeritus status conditioned upon payment of the appropriate dues, satisfaction of any other regulatory requirements, and payment of any outstanding financial obligations to the Virginia State Bar.
6. Emeritus Members—Those lawyers who are admitted to practice law in the Commonwealth of Virginia may, upon request to the Virginia State Bar with the supporting materials specified in this subparagraph, become emeritus members and provide exclusively pro bono legal services to the poor and working poor as emeritus members subject to the terms and conditions stated in this subparagraph. Emeritus members are not required to pay dues, cannot practice law except in the limited manner specified in this subparagraph, and cannot vote or hold office in the Virginia State Bar.
   1. Definitions
      1. Active practice of law, for the purposes of this subparagraph, means that a lawyer has been engaged in the practice of law, which includes private practice, corporate practice as authorized by Part One A, Rule 1A:5, public employment as a lawyer, or full-time teaching at an American Bar Association approved law school.
      2. Emeritus member is any person who is admitted to practice law in the Commonwealth of Virginia, who is retiring or has retired from the active practice of law, and who intends to provide exclusively pro bono services under this subparagraph; and
         1. intends to provide pro bono legal services as defined by Rule 6.1(a) of the Virginia Rules of Professional Conduct and its comments, subject to the terms and conditions of this subparagraph; and
         2. is, at the time of requesting emeritus member status, an active, associate, or retired member in good standing of the Virginia State Bar who has practiced law for 20 years or more in any U.S. jurisdiction; and
         3. is, at the time of requesting emeritus status, an active, associate, or retired member who has not been disciplined for professional misconduct by the bar or courts of any jurisdiction within the past fifteen years; and
         4. has been engaged in the active practice of law in any U.S. jurisdiction for a minimum of five out of the seven years immediately preceding the application to become an emeritus member; and
         5. agrees to neither ask for nor receive any compensation of any kind from the client, except for out-of-pocket expenses, for the legal service to be rendered under this subparagraph.
      3. Qualified legal services provider, for the purposes of this subparagraph, is a Virginia licensed legal aid society or other not-for-profit entity organized in whole or in part, to provide legal services to the poor and/or working poor in Virginia.
   2. Activities
      1. An emeritus member, in association with a qualified legal services provider, may perform only the following activities:
         1. appear in any court or before an administrative tribunal or arbitrator in the Commonwealth of Virginia on behalf of a client of a qualified legal services provider.
         2. prepare and sign pleadings and other documents to be filed in court or with an administrative tribunal or arbitrator in this state in any matter in which the emeritus member is involved.
         3. render legal advice and perform other appropriate legal services.
         4. engage in such other preparatory activities as are necessary for any matter in which he or she is properly involved.
   3. Limitations
      1. The prohibition against compensation for the emeritus member contained in section (1)(B)(v) of this subparagraph will not prevent the qualified legal services provider from reimbursing the emeritus member for actual expenses incurred while rendering service under this subparagraph, nor will it prevent the qualified legal services provider from charging for its services as it may otherwise properly charge. The qualified legal services provider is authorized to receive all court awarded attorney’s fees for any representation rendered by an emeritus member.
   4. Certification. Permission for an emeritus member to perform services under this subparagraph becomes effective upon:
      1. a determination by the Virginia State Bar that the emeritus member has fulfilled the requirements of such membership and has no disciplinary record as required by section (1)(B) of this subparagraph; and
      2. the filing with the Virginia State Bar each year of an affidavit of affiliation with a qualified legal services provider by the emeritus member. The emeritus member must also certify in this affidavit whether such member is currently covered by professional liability insurance.
   5. Membership Requirements. In order to practice law under this rule, a retired member must comply with the petition and approval requirements for reinstatement as an active member prescribed in Paragraph 3(d) of Part 6, Section IV of the Rules of the Supreme Court of Virginia. Also, associate members must satisfy any outstanding MCLE deficiencies before assuming emeritus status. Additionally, emeritus members must comply with all rules and requirements set forth in Part 6, Section IV of the Rules of the Supreme Court of Virginia with the exception that they are not required to pay dues and other fees, nor comply with the professional liability certification requirements in Paragraph 18.
   6. Change of Membership Status. An emeritus member may petition for reinstatement to active or associate membership under the procedure prescribed in subparagraph (e) of this rule for retired members.

The amendments effective March 18, 2023, revised Paragraph 3(c) defining Judicial class members of the VSB.

The amendments effective June 30, 2020, (1) impose an email address of record requirement for all members; (2) create separate membership classes for retired and disabled members (with corollary changes to Paragraph 13-23.K.); (3) remove the requirement for active members to be “engaged in the practice of law;” (4) revise some procedures for electing different membership classes; and (5) update the Rule’s language to eliminate ambiguous terminology.

The amendment effective January 1, 2019, facilitates retirement for a lawyer suffering from a permanent impairment, such as an irreversible cognitive decline, by allowing retirement with dignity instead of having the lawyer's license suspended on impairment grounds. With this amendment, the impaired lawyer could transfer to the Disabled and Retired class of membership.

Effective March 1, 2018 changes to Paragraph 3 modified the status of Emeritus Members allowed to provide pro bono services. The amendments alter the number of years an attorney must have been engaged in active practice before becoming an emeritus member, and they abolish the requirement to practice under the direct supervision of legal aid attorneys.

4. Officers

The officers of the Virginia State Bar shall be a President, a President-elect, an Immediate Past President and a Secretary-Treasurer. The President-elect shall be elected annually for a term to commence on July 1 and to continue until the next president-elect assumes the presidency or the president-elect otherwise vacates office. The former President then shall become the Immediate Past-President until the following July 1.

To be eligible for nomination as President-elect, the candidate must, at the time of nomination, have been an active member of the Virginia State Bar for a period of seven years and must have served on the Council for a minimum of two years within the five-year period next preceding his or her election.

The method of election of the President-elect shall be in the manner prescribed by the Bylaws of the Council.

If the President were unable to complete his or her term of office, the President-elect shall become President. Should a vacancy occur in the President-elect position, for whatever reason, an election shall be held as soon as possible to fill the vacancy pursuant to the election procedures set forth in the bylaws. Should a vacancy occur in the Immediate Past President position, the vacancy will remain until a new President qualifies as Immediate Past President.

The President, the President-elect and the Immediate Past President shall be ex officio members of the Council; the President shall preside over the Council. In the absence of the President, the President-elect shall preside.

The Secretary-Treasurer shall also bear the title of Executive Director and Chief Operating Officer. In the event of a vacancy, the Council shall recommend its nominee as Secretary-Treasurer to the Supreme Court of Virginia which shall approve or reject the Council’s recommendation. If the Supreme Court rejects Council’s recommendation, Council shall submit another recommendation to the Court for its consideration. The Secretary-Treasurer shall keep all records of the Council and the Virginia State Bar.

The Secretary-Treasurer may be removed from office by the Council with the approval of the Supreme Court or by the Supreme Court, acting sua sponte.

The amendments effective July 5, 2021, conform Paragraph 4 of the Rules of Court and the Bylaws governing the VSB to modern voting practices.

5. The Council

The powers of the Virginia State Bar shall be exercised by a Council composed of at least thirty-seven members in addition to the President, President-elect and Immediate Past President, as ex officio members, elected and appointed as follows:

At least one active member from each of the thirty-one judicial circuits, elected for a term of three years by the members of the bar of each circuit, and nine members appointed by the Supreme Court of Virginia from the active members of the bar of the state at large. The Court shall appoint the at-large members to serve for a term of three years and, further, shall appoint in such a manner as to ensure that three members are appointed annually. A person who has served two successive full three-year terms as an elected or appointed member of Council shall not be eligible for election or appointment to a third successive term.

For each additional judicial circuit, whenever created, there shall be a member of the Council, who shall be an active member of the bar of that circuit. An election shall be held in such circuit within sixty (60) days after the creation of such circuit or as soon thereafter as may be feasible in the manner provided at Paragraph 6. The Council at its meeting next thereafter shall determine the length of the term of the first member from that circuit so that, as nearly as possible, the terms of one-third of the members of the Council expire each year.

Any circuit having as of the 1st day of February in any year more than 500 active members in good standing who are domiciled or principally practice their profession in such circuit shall be entitled to one additional member of the Council for each additional 500 members or major fraction thereof. In the event that the membership in a circuit as of February 1 is such that it is no longer entitled to one or more additional members, the term of such additional member[s] of the Council shall end at the expiration of the term for which the member[s] was elected. Provided, however, that the number of Council members from each circuit as of July l, 2008, shall not be reduced unless the active membership in the circuit first increases to the number which will sustain its allocation of Council members as of July l, 2008, under the above formula, and subsequently falls below that number.

Whenever a judicial circuit shall be abolished, the term of any member of the Council from that circuit shall end forthwith.

The President of the Young Lawyers Conference shall serve as an ex officio member of the Council.

The Chair of the Conference of Local Bar Associations shall serve as an ex officio member of the Council.

The Chair of the Senior Lawyers Conference shall serve as an ex officio member of the Council.

The Chair of the Diversity Conference shall serve as an ex officio member of the Council.

6. Election of Council

Prior to the expiration of a term of a Council member from a circuit, or when it appears that such a position has otherwise become vacant, or the circuit becomes entitled to an additional Council member under other provisions of this section, the executive director shall initiate the election process for the election of a Council member in the manner prescribed by the Bylaws of the Council.

7. Meetings of the Council

The Council shall hold meetings at such regular times and upon such call as it may specify. A quorum at any meeting shall consist of not less than twenty members. Between meetings of the Council its duties and functions may be performed by such Executive Committee of members or officers as the Council may designate.

8. Annual Meeting of the Virginia State Bar

Annually, on or before July 1, there shall be held a meeting of the members of the Virginia State Bar at a time and place designated by the Council or Executive Committee and presided over by the President. All officers elected at the annual meeting or by the Council shall take office immediately upon adjournment of the annual meeting except in cases where vacancies are filled for an unexpired term. At such meeting there shall be a report from the officers and from the Council, and there shall be elected the President and President-Elect for the ensuing year.

A quorum at such meeting shall be those members of the Virginia State Bar present and voting.

There may be transacted also such other business as may come before the meeting.

A special meeting of the Virginia State Bar may be called by the Council.

9. Powers of the Council

The Council shall have general charge of the administration of the affairs of the Virginia State Bar, and shall have the power:

1. To adopt Bylaws for the Council and the Virginia State Bar not in conflict with these rules.
2. To elect the officers provided for by these rules.
3. To fill vacancies in the Council for unexpired terms if there should be a failure for sixty days to elect as provided in Section (6) and to fill vacancies in any office for unexpired terms.
4. To appoint committees and prescribe their duties.
5. To employ such assistants as it deems necessary and to fix their duties and compensation and the compensation of the Secretary-Treasurer.
6. To make allocations of funds within the amounts available.
7. To conduct such investigations and make such reports as may be directed by the Supreme Court or by the bar.
8. To render advisory opinions as provided in Section (10).
9. To establish an Administration and Finance Fund from which expenses related to meetings of the Council, meetings of the Executive Committee, the Annual and Midyear Meetings, and other official functions of the Virginia State Bar may be paid. The Fund shall be composed of funds appropriated to it by Council, or otherwise received. Such funds may be held, managed and invested as authorized or directed by Council. Disbursements from the fund shall be made as authorized by Council to pay the necessary expenses related to official functions of the Virginia State Bar as authorized by these Rules including, but not limited to, those expenses resulting from the exercise of the Council’s powers under these Rules.
10. The Council may, at its discretion or upon a written request of the majority of the members of the Virginia State Bar or pursuant to a resolution duly adopted at a regular or called meeting, exercise the necessary powers:
    • To promote reforms in judicial procedure and the judicial system that are intended to improve the quality and fairness of the system;
    • To recommend to the Supreme Court procedures for the disciplining, suspending and disbarring of attorneys;
    • To recommend to the Supreme Court the adoption of, modifications to, amendments to or the repeal of any rule of the Rules of the Supreme Court of Virginia;
    • To regulate the legal profession;
    • To improve the quality of the legal services made available to the people of Virginia;
    • To investigate, evaluate or endorse judicial candidates on a nonpartisan, merit basis;
    • To uphold and elevate the standards of honor, of integrity and of courtesy in the legal profession;
    • To encourage higher and better education for membership in the profession; and
    • To encourage and promote diversity in the profession and the judiciary; and
    • To perform all duties imposed by law.

10. Promulgation of Legal Ethics and Unauthorized Practice of Law Opinions and Rules of Court Informal Staff Opinions of Ethics Counsel; and Complaints of Unauthorized Practice of Law.

The amendments effective March 19, 2010, rewrote Paragraph 10.

The amendments effective October 30, 2015, rewrote Paragraph 10-2 C. and 10-3 A.

The amendments effective May 1, 2016, in 10-1, changed definition for “Committee” and “Rule”; in 10-2 A. deleted the word “appropriate” from “…to the appropriate Committee….”; deleted 10-2 D. “Appeal” and re-lettered paragraphs “E.” and “F.” to “D.” and “E.”; rewrote “10-6. COMPLAINTS OF UNAUTHORIZED PRACTICE OF LAW.”

The amendments effective December 15, 2016, in 10-4 added "which shall become a decision of the Court."

11. Dues

Each active member shall pay to the Treasurer of the Virginia State Bar, annual dues not to exceed $250, and each associate member shall pay to the Treasurer of the Virginia State Bar annual dues not to exceed $125, on or before the 31st day of July of each fiscal year, provided that persons admitted to practice by examination or under Rule 1A:1 of the Supreme Court of Virginia shall not be liable for dues in the year of admission if admitted during the last three months of any fiscal year. Persons admitted to practice under Rule 1A:1 at any other point during any fiscal year shall pay the full amount of dues as specified above at the time they register with the Virginia State Bar. Persons admitted to practice by examination at any other point during any fiscal year shall pay one-half the amount of dues as specified above at the time they register with the Virginia State Bar. On or before April 1st, the Bar shall report to the Court the annual dues amount proposed for the next fiscal year.

No increase in the annual dues above $250 for active members or $125 for associate members will be authorized by the Court whenever the total combined cash balances of the State Bar Fund and the Virginia State Bar's Administration and Finance Account shall exceed fifteen (15) percent of the total annual operating expenditures of the Virginia State Bar for the year preceding the year in which the dues increase is sought.

All monies collected hereunder shall be accounted for and paid into the State Treasury of Virginia.

Failure to comply with this Rule shall subject the member to penalties set forth in Paragraph 19 herein.

The amendments effective March 11, 2011, revised Paragraph 11 regarding VSB annual dues

12. Disbursements

Disbursements shall be paid out of the State Treasury in accordance with allocations of the Council and on requisitions signed by the President, President-Elect, or Secretary-Treasurer, and upon the warrant of the State Comptroller. No member of the Council, and no member or officer of the Virginia State Bar except the Secretary-Treasurer, shall receive compensation for his or her services as such, nor shall any member of the Council or of the Virginia State Bar receive compensation for service on any Committee, but such Council member or Committeeman shall be reimbursed for his or her necessary and actual traveling and subsistence expenses incurred in the performance of his or her duties. The Council shall cause proper books of account to be kept, and have them audited annually. At each annual meeting of the Virginia State Bar, the Council shall cause to be presented a financial statement of the receipts and expenditures of the Virginia State Bar, which shall be published in the next volume of reports.

13-1 Definitions

As used in this Paragraph, the following terms shall have the meaning herein stated unless the context clearly requires otherwise:

“Adjudication of a Crime Proceeding” means the proceeding which follows the summary Suspension of an Attorney after receipt by the Clerk of the Disciplinary System of initial notification from any court of competent jurisdiction stating that an Attorney has been found guilty of a Crime, irrespective of whether sentencing has occurred.

“Admonition” means a finding that Respondent has committed Misconduct but:

1. No substantial harm to the Complainant or the public has occurred; or
2. The Misconduct is minor and Respondent has taken reasonable precautions against a recurrence or there is otherwise little likelihood of repetition; or
3. There exist exceptional circumstances, which must be set forth in writing.

An Admonition may be imposed as a

1. Private sanction by a Subcommittee sua sponte;
2. Private or public sanction based upon an Agreed Disposition approved by a Subcommittee; or
3. Public sanction imposed by a District Committee, the Board, or a three-judge Circuit Court.

“Agreed Disposition” means the disposition of a Disciplinary Proceeding agreed to by Respondent and Bar Counsel and approved by a Subcommittee, District Committee, the Board or a Circuit Court.

“Answer” means a written response to a Charge of Misconduct, Certification, or petition for expedited hearing, which shall respond to each fact and Misconduct allegation contained in the Charge of Misconduct, Certification, or petition for expedited hearing, and be signed by the Respondent.

“Attorney” means a member of the Bar, a Corporate Counsel Registrant, Foreign Lawyer, Foreign Legal Consultant, and any member of the bar of any other jurisdiction while engaged, pro hac vice or otherwise, in the practice of law in Virginia.

“Bar” means the Virginia State Bar.

“Bar Counsel” means the Attorney who is appointed as such by Council and who is approved by the Attorney General pursuant to Va. Code § 2.2-510 and such deputies, assistants, and Investigators as may be necessary to carry out the duties of the office, except where the duties must specifically be performed by the individual appointed pursuant to Va. Code § 2.2-510.

“Bar Official” means any Bar officer or any member, employee, or counsel of Council, the Board, a District Committee, or COLD.

“Board” means the Bar Disciplinary Board.

“Certification” means the document issued by a Subcommittee or a District Committee when it has elected to certify allegations of Misconduct to the Board for its consideration, which document shall include sufficient facts to reasonably notify Bar Counsel and Respondent of the basis for such Certification and the Disciplinary Rules alleged to have been violated.

“Certification for Sanction Determination” means the document issued by a District Committee to certify to the Board that a sanction within the power of the Board is in order where the District Committee has found that Respondent failed to fulfill the terms of a Public Reprimand with Terms issued either by a Subcommittee on the basis of an Agreed Disposition or by a District Committee.

“Chair” unless otherwise specified, means the Chair, Vice Chair, or Acting Chair of a District Committee, or a Section, Panel, or Subcommittee of a District Committee, or of the Board or any Panel of the Board.

“Charge of Misconduct” means the notice given by the Bar to a Respondent, setting forth generally the Misconduct alleged to have been committed by the Respondent, and identifying the specific Disciplinary Rule(s) alleged to have been violated by the Respondent. The Charge of Misconduct shall also include the date, time, and place of the hearing.

“Circuit Court” means a court designated as such by Va. Code §17.1-500.

“Clerk” means the Clerk of the Disciplinary System who, together with such assistants as may be required, provides administrative support to the disciplinary system and serves as official custodian of the records of the disciplinary system, unless the context indicates otherwise.

“COLD” means the Standing Committee on Lawyer Discipline.

“Complainant” means the initiator of a Complaint.

"Complaint" means any written communication alleging Misconduct or from which allegations of Misconduct reasonably may be inferred.

“Committee Counsel” means an Attorney District Committee member assigned to prosecute a Complaint.

“Corporate Counsel Registrant” means a person who has been recorded by the Virginia State Bar as a Corporate Counsel Registrant pursuant to Rule 1A:5.

“Costs” means reasonable costs paid by the Bar to outside experts, consultants, or guardians ad litem in a proceeding conducted pursuant to subparagraph 13-22; reasonable travel and out-of-pocket expenses for witnesses; Court Reporter and transcript fees; electronic and telephone conferencing and recording costs, if such procedures are requested by Respondent; copying, mailing, and required publication costs; translator fees; and an administrative charge determined by Council.

“Council” means the Council of the Bar.

“Court Reporter” means a person who is qualified to transcribe proceedings in a Circuit Court.

“CRESPA” See “RESA.”

“Crime” means:

1. Any offense declared to be a felony by federal or state law;
2. Any other offense involving theft, fraud, forgery, extortion, bribery, or perjury;
3. An attempt, solicitation or conspiracy to commit any of the foregoing; or
4. Any of the foregoing found by a foreign jurisdiction.

“Disbarment” has the same meaning as Revocation.

“Disciplinary Proceeding” means any proceeding governed by this Paragraph except an Impairment Proceeding.

“Disciplinary Record” means any tangible or electronic record of:

1. Any proceeding in which the Respondent has been found to have committed Misconduct, including those proceedings in which (a) the Board’s or three-judge Circuit Court’s finding of Misconduct has been appealed to this Court; (b) the Respondent’s License has been revoked upon consent to revocation or Respondent has been found guilty of a Crime; or (c) the Respondent has received a sanction pursuant to this Paragraph; and
2. Any proceeding in which the Respondent has been found to have committed a violation of CRESPA or RESA; and
3. Any proceeding in this or any other jurisdiction which resulted in a sanction creating a disciplinary record at the time it was imposed.

“Disciplinary Record” does not include administrative, interim, summary, or Impairment Suspensions.

“Disciplinary Rules” means:

1. the Virginia Rules of Professional Conduct and Virginia Code of Professional Responsibility, as applicable; and
2. the disciplinary rules of any other jurisdiction applicable under Rule 8.5 of the Virginia Rules of Professional Conduct.

“Dismissal” means the dismissal of a Complaint or Disciplinary Proceeding by Bar Counsel, a Subcommittee, a District Committee, the Board or a Circuit Court.

“Dismissal De Minimis” means a finding that the Respondent has engaged in Misconduct that is clearly not of sufficient magnitude to warrant disciplinary action, and Respondent has taken reasonable precautions against a recurrence of same.

“Dismissal for Exceptional Circumstances” means a finding that the Respondent has engaged in Misconduct but there exist exceptional circumstances mitigating against further proceedings, which circumstances shall be set forth in writing.

“District Committee” means one of the District Committees appointed as hereinafter provided or, where the context requires, a Panel, a Section, or a Subcommittee thereof.

“District Committee Determination” means the written decision of a District Committee or a Subcommittee of a District Committee, relating to a Complaint or Charge of Misconduct.

“Executive Committee” means the Executive Committee of the Bar.

“Executive Director” means the Executive Director of the Bar and any deputy or assistant designated by Council to act as Executive Director.

“Files” means those files maintained by the Clerk of the Disciplinary System, and office of Bar Counsel with respect to each Complaint.

“Foreign Lawyer” means a person authorized to practice law by the duly constituted and authorized governmental body of any State or Territory of the United States or the District of Columbia, or a foreign nation, but is neither licensed by the Court or authorized under its rules to practice law generally in the Commonwealth of Virginia, nor disbarred or suspended from practice in any jurisdiction.

“Foreign Legal Consultant” means a person who has been issued a foreign legal consultant certificate by the Virginia Board of Bar Examiners pursuant to Rule 1A:7.

“Impairment” means any physical or mental condition that materially impairs the fitness of an Attorney to practice law.

“Impairment Proceeding” means any proceeding:

1. Initiated by Bar Counsel to petition the Board to order the Respondent to undergo examination(s) and provide releases for records;
2. Initiated by a District Committee, the Board, or Bar Counsel to determine whether an Attorney has an Impairment;
3. That follows the summary Suspension of an Attorney who may have an Impairment; or
4. That follows a request by Respondent to terminate an Impairment Suspension.

“Investigation” means any inquiry by Bar Counsel, Committee Counsel, or the Bar’s designee concerning any alleged Misconduct or Crime committed by an Attorney or any Impairment of an Attorney.

“Investigative Report” means the report prepared as a result of an Investigation.

“Investigator” means a person designated by the Bar to conduct an Investigation.

“Judge” means a judge within the meaning of Va. Code §17.1-900, and any judge appointed or elected under the laws of any other jurisdiction.

“Lawyer Assistance Program” means a mental health and/or substance abuse treatment program for Attorneys that is approved by the Bar.

“License” means the license or authority to practice law granted by this Court.

“Memorandum Order” means the opinion and order of the Board entered following a Disciplinary Proceeding that shall contain a brief statement of the findings of fact; the nature of the Misconduct shown by such findings of fact; the Disciplinary Rules found to have been violated by clear and convincing evidence; the sanction imposed; the notice requirements, if any, imposed upon Respondent; the time in which Terms are required to be satisfied by Respondent, if Terms are imposed; the alternative sanction, if Respondent fails to comply with any Terms that are imposed; the name and address of the Court Reporter who served at the hearing; the names of the members of the Board that constituted the Panel; and that Costs shall be reimbursed by Respondent.

“Misconduct” means any:

1. Unlawful conduct described in Va. Code § 54.1-3935;
2. Violation of the Disciplinary Rules;
3. Conviction of a Crime;
4. Conviction of any other criminal offense or commission of a deliberately wrongful act that reflects adversely on the Attorney’s honesty, trustworthiness, or fitness as an Attorney; or
5. Violation of RESA or any regulations adopted pursuant thereto.

“Panel” means a group of members of a Section, District Committee, or the Board hearing a disciplinary matter that constitutes the quorum required by this Paragraph.

“Paragraph” means Paragraph 13 of the Rules of this Court, Part Six, Section IV.

“Petitioner” means:

1. An Attorney seeking Reinstatement after a Revocation; or
2. An Attorney seeking termination of an Impairment Suspension; or
3. A Bar Counsel or District Committee Chair seeking an expedited hearing before the Board and alleging that an Attorney is engaging in Misconduct likely to result in injury to or loss of property of a client or other entity, or alleging an Attorney poses imminent danger to the public.

“Private Discipline” means any form of discipline that is not public.

“Private Reprimand” means a form of non-public discipline that declares privately the conduct of the Respondent improper but does not limit the Respondent’s right to practice law.

“Proceeding” means the same as Disciplinary Proceeding.

“Public Reprimand” means a form of public discipline that declares publicly the conduct of the Respondent improper, but does not limit the Respondent’s right to practice law.

“Receivership” means a receivership created pursuant to Va. Code § 54.1-3900.01 or § 54.1-3936.

“Reinstatement” means the restoration by this Court of an Attorney’s License in the manner provided in this Paragraph.

“Reinstatement Proceeding” means the proceeding which takes place upon referral from this Court of a Petition for Reinstatement by an Attorney whose License was previously revoked.

"RESA" means Chapters 9 (titled “Real Estate Settlements”) and 10 (titled “Real Estate Settlement Agents”) of Title 55.1 of the Code of Virginia (formerly "Consumer Real Estate Settlement Protection Act" or "CRESPA").

“Respondent” means any Attorney:

1. Who is the subject of a Complaint;
2. Who is the subject of any proceeding under this Paragraph, Va. Code §§ 54.1-3900.01, 54.1-3935, 54.1-3936, or RESA; or
3. Who is the subject of an Adjudication of a Crime Proceeding, Proceedings upon Disbarment, Revocation or Suspension in another jurisdiction, Impairment Proceeding, or Reinstatement Proceeding.

“Revocation” means any revocation of an Attorney’s License and, when applied to a lawyer not admitted or authorized to practice law in Virginia, means the exclusion from the admission to, or the exercise of any privilege to, practice law in Virginia.

“Section” means a subgroup of a District Committee that has the same powers, authority, and duties as the District Committee.

“Subcommittee” means a subgroup of a District Committee or any Section thereof, convened for the purpose of performing the functions of a Subcommittee as described in this Paragraph.

“Summary Order” means a bench order entered by the Chair or three-judge Circuit Court following a Disciplinary Proceeding that outlines in summary form the findings as to the allegations of Misconduct, the sanctions to be imposed, if any, the effective date of any sanctions imposed, and any notice requirements.

“Suspension” means the temporary suspension of an Attorney’s License for either a fixed or indefinite period of time and, when applied to a lawyer not admitted or authorized to practice law in Virginia, means the temporary or indefinite exclusion from the admission to, or the exercise of any privilege to, practice law in Virginia.

“Terms” shall mean those conditions imposed on the Respondent by a Subcommittee, District Committee, Board, or Circuit Court, that require the Respondent to perform certain remedial actions as a necessary condition for the imposition of an Admonition, a Private or Public Reprimand, or a Suspension pursuant to this Paragraph.

“Va. Code” means the 1950 Code of Virginia, as amended.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective March 15, 2020, revised Paragraph 13-1 to clarify language for “Memorandum Order” and “Summary Order.”

The amendments effective December 1, 2019, revised Paragraph 13-1 to clarify and simplify language.

13-1.1 Burden of Proof

The burden of proof in all Disciplinary Proceedings and Impairment Proceedings is clear and convincing evidence.

13-2 Authority of the Courts

Nothing in this Paragraph shall be interpreted so as to eliminate, restrict or impair the jurisdiction of the courts of this Commonwealth to deal with the disciplining of Attorneys as provided by law. Every Judge shall have authority to take such action as may be necessary or appropriate to protect the interests of clients of any Attorney whose License is subject to a Suspension or Revocation. Every Circuit Court shall have power to enforce any order, summons or subpoena issued by the Board, a District Committee or Bar Counsel and to adjudge disobedience thereof as contempt.

13-3 General Administrative Authority of Council

Council shall have general administrative authority over and responsibility for the disciplinary system created pursuant to this Paragraph.

13-4 Establishment of District Committees

1. Creation of District Committees. Council shall appoint a sufficient number of District Committees to carry out the purposes of this Paragraph. District Committees shall be established in geographical areas consisting of one or more judicial circuits. In creating the District Committee areas, Council shall give due consideration to Attorney population and the community of interest among different judicial circuits within a District Committee area. Each District Committee shall consist of ten, or in the discretion of Council, 20, 30 or 40 members. Three members of a ten-member District Committee, six members of a 20-member District Committee, nine members of a 30-member District Committee, and 12 members of a 40-member District Committee shall be nonlawyers. All other members shall be active members of the Bar. Former members of a District Committee may serve on a District Committee Subcommittee or participate in a District Committee hearing whenever the District Committee Chair determines that such service is necessary for the orderly administration of the District Committee's work.
2. Panel Quorum. A Panel quorum shall consist of five or more persons. No member of the Subcommittee that considered a Complaint pursuant to subparagraph 13-15 may sit on the Panel that hears the Complaint. One person assigned to a Panel should be a current or former nonlawyer member of a District Committee. If the scheduled nonlawyer is unable to attend, and if an alternate nonlawyer is not reasonably available, participation by a nonlawyer member shall not be required in a proceeding if a quorum is otherwise present. The action of a majority of a quorum shall be the action of the Panel. For the exclusive purposes of considering an Agreed Disposition, pursuant to subparagraph 13-7.A.9, a Panel may act in a meeting in person or through any means of communication by which all five members participating may simultaneously hear each other during the meeting.
3. Geographic Criteria. Each member of a District Committee shall be a resident of or have his or her office in the District Committee area for which such member is appointed. Members shall, to the extent practicable, be appointed from different geographical sections of their districts.
4. Term of Office. Council shall appoint members of each District Committee for such terms of service as will allow for the retirement from the District Committee, or completion of the existing terms, of one-third of the District Committee membership at the end of each fiscal year. A District Committee member's term shall be for three years, and, upon completion of such term, such member is eligible for appointment to a second successive three-year term. A member who has served two full successive terms of three years each on a District Committee shall not be eligible to serve again until one year after the expiration of the second term.
5. Qualifications of Members. Before nominating any individual for membership on a District Committee, the Council members making such recommendation shall first determine that the nominee is willing to serve on the District Committee and will conscientiously discharge the responsibility as a member of the District Committee. Council members making the nominations shall also obtain a statement from the nominees, in writing, that the nominees are willing to serve on the District Committee, if elected. In order to be considered as a potential appointee to a District Committee, each potential appointee shall execute the following: (1) a waiver of confidentiality with respect to his or her Disciplinary Record and any pending Complaints and a release allowing production of his or her Disciplinary Record and any pending Complaints from any jurisdiction for purposes of the appointment process; and (2) an authorization for the Bar to conduct a criminal records check of all jurisdictions for any conviction of a Crime and provide the results to the members of Council and the staff of the Bar for purposes of the appointment process. No member of Council shall be a member of a District Committee; however, this rule shall not apply to the chair or president of any conference of the Virginia State Bar, such as the Conference of Local Bar Associations, Diversity Conference, Senior Lawyers Conference, or Young Lawyers Conference, who are ex-officio members of Council. An ex-officio member of Council who is also a member of a District Committee shall not vote on the selection or confirmation of nominees for any District Committee.
6. Persons Ineligible for Appointment. Any potential appointee shall be ineligible for appointment to a District Committee if such potential appointee has: (1) ever been convicted in any jurisdiction of a Crime; (2) ever committed any criminal act that reflects adversely on the potential appointee's honesty, trustworthiness or fitness as a member of a District Committee; (3) a Disciplinary Record in any jurisdiction consisting of a Disbarment, Revocation, Suspension imposed at any time or Public Reprimand imposed within the ten years immediately preceding the proposed appointment date; or (4) a Disciplinary Record in any jurisdiction, imposed within the five years immediately preceding the proposed appointment date, consisting of Private Discipline or an Admonition, except for a de minimis dismissal or a dismissal for exceptional circumstances. The Standing Committee on Lawyer Discipline shall have the sole discretion to determine whether a de minimis dismissal or a dismissal for exceptional circumstances shall disqualify a potential appointee.
7. Interim Vacancies. Whenever a vacancy occurs on a District Committee, the Executive Committee may fill the vacancy. Bar Counsel or a majority of the members of a District Committee may request the Executive Committee to declare that a District Committee position held by any particular District Committee member has become vacant when, in the judgment of Bar Counsel or the Committee majority, such member has become, or has been for any reason, unavailable for or delinquent in the conduct of the District Committee's business. Similarly, upon request of Bar Counsel, the Executive Committee shall have the power to declare such vacancy. Before such vacancy is declared, the particular District Committee member shall be afforded notice and a reasonable opportunity to be heard.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-4 to clarify language regarding persons ineligible for appointment in the Disciplinary System.

The amendments effective August 21, 2015, revised Paragraph 13-4 E. regarding establishment of district committees.

The amendments effective February 17, 2011, revised Paragraph 13 regarding multijurisdictional practice.

13-5 Authority and Duties of COLD

All powers and duties of Council, with respect to the Disciplinary System, except the power to appoint District Committee members, may be exercised by COLD, subject to the direction and control of Council. Notwithstanding any rule to the contrary, any member of COLD may attend proceedings of the Subcommittees, District Committees or the Board. Service by an Attorney on COLD shall be deemed to be a professional relationship within the meaning of Rules of Professional Conduct 1.6, 1.7, 1.9, 1.10 and 3.7. Such service shall be deemed the holding of public office within the meaning of Rules of Professional Conduct 1.11 and 1.12. Consent under Rules of Professional Conduct 1.6, 1.7 and 1.9 shall be deemed to include Bar Counsel's consent on behalf of the Bar. The membership of COLD shall consist of twelve persons, ten of whom shall be active members of the Bar and two shall be nonlawyers. In addition, a vice chair of the Board shall be an ex-officio, nonvoting member.

The amendments effective December 1, 2019, revised Paragraph 13-5 to clarify and simplify language.

The amendments effective February 17, 2011, revised Paragraph 13 regarding multijurisdictional practice.

13-6 Disciplinary Board

1. Appointment of Members. This Court shall appoint, upon recommendation of Council, 20 members of the Board, 16 of whom shall be active members of the Bar and four of whom shall be nonlawyers. One Attorney member shall be designated by the Court as Chair and two Attorney members as Vice Chairs, upon recommendations of Council. Before nominating any individual for membership on the Board, the Bar's nominating committee shall first determine that the nominee is willing to serve on the Board and will conscientiously discharge the responsibilities as a member of the Board. All nominees shall have previously served on a district committee. The Bar nominating committee shall also obtain a statement from the nominees, in writing, that the nominees are willing to serve on the Board, if elected and appointed. In order to be considered as a potential appointee to the Board, each potential appointee shall execute the following: (1) a waiver of confidentiality with respect to his or her Disciplinary Record and any pending Complaints and a release allowing production of his or her Disciplinary Record and pending Complaints from any jurisdiction for purposes of the appointment process; and (2) an authorization for the Bar to conduct a criminal records check of all jurisdictions for any conviction of a Crime and provide the results to the members of Council and the staff of the Bar for purposes of the appointment process.
2. Persons Ineligible for Appointment. Any potential appointee shall be ineligible for appointment to the Board if such potential appointee has: (1) ever been convicted in any jurisdiction of a Crime; (2) ever committed any criminal act that reflects adversely on the potential appointee's honesty, trustworthiness, or fitness as a member of a District Committee; (3) a Disciplinary Record in any jurisdiction consisting of a Disbarment, Revocation, Suspension imposed at any time or Public Reprimand imposed within the ten years immediately preceding the proposed appointment date; or (4) a Disciplinary Record in any jurisdiction, imposed within the five years immediately preceding the proposed appointment date, consisting of Private Discipline or an Admonition, except for a de minimis dismissal or a dismissal for exceptional circumstances. The Standing Committee on Lawyer Discipline shall have the sole discretion to determine whether a de minimis dismissal or a dismissal for exceptional circumstances shall disqualify a potential appointee.
3. Term of Office. Members shall serve staggered terms of three years each. No member shall serve more than two consecutive three-year terms but shall be eligible for reappointment after the lapse of one or more years following expiration of the previous three-year term. At the expiration of the initial term of any member so appointed for less than a three-year term, such member shall be eligible for immediate reappointment to the Board for two additional consecutive three-year terms.
4. Meetings and Quorum. The Board shall meet on reasonable notice by the Chair or a Vice Chair. A Panel of five members shall constitute a quorum, and the action of a majority of a Panel shall constitute action of the Board. For the exclusive purposes of considering an Agreed Disposition, pursuant to subparagraph 13-6.H, a Panel may act in a meeting in person or through any means of communication by which all five members participating may simultaneously hear each other during the meeting. One of the five persons assigned to any Panel shall be a present or former nonlawyer member unless the scheduled nonlawyer is unable to attend and an alternate nonlawyer member or former member is not reasonably available. In such event, participation by a nonlawyer shall not be required in any proceeding if a quorum is otherwise present.
5. Roster. The Clerk shall establish a roster of Board members sufficient to constitute a quorum for action on the matter to which they are being assigned. Former members of the Board may serve on a Panel of the Board or participate in Board matters whenever the Chair, Vice Chair or Clerk determines that such service is necessary for the orderly administration of the Board's work.
6. Jurisdiction. The Board shall have jurisdiction to consider: (1) Appeals from Public or Private Reprimands, with or without Terms, or Admonitions, with or without Terms, imposed by District Committees or Dismissals that otherwise create a Disciplinary Record; (2) Complaints and Certifications submitted to it by a Subcommittee or a District Committee; (3) Misconduct by reason of conviction of a Crime; (4) Impairment Proceedings; (5) Revocation or Suspension in another jurisdiction; (6) Petitions from Bar Counsel or the Chair of a District Committee seeking summary Suspension upon a belief that an Attorney is engaging in Misconduct likely to result in injury to or loss of property of a client or other entity or alleging an Attorney poses imminent danger to the public; (7) Petitions for Reinstatement referred to the Board for its recommendation to this Court; (8) Violations of RESA or any regulations adopted pursuant thereto; (9) Failure of Respondent to make a complete transcript part of the Record, as provided in this Paragraph; (10) Failure of an Attorney to comply with an order, summons or subpoena issued in connection with a Disciplinary Proceeding or Impairment Proceeding; and (11) Failure of Respondent to fulfill the terms of a Public Reprimand with Terms certified to it by a District Committee for sanction determination.
7. Additional Board Powers. The Board shall have the following powers in addition to all other powers granted to the Board:
   1. To sanction a Respondent for failing to comply with an order issued by the Board. This sanction can include an interim Suspension. Before imposing an interim Suspension, the Board shall issue a notice to the Respondent advising the Respondent that he or she may petition the Board within ten days after service of the notice to withhold entry of an interim Suspension order and to hold an evidentiary hearing. If ten days after service of the notice the Respondent has not petitioned the Board to withhold entry of an interim Suspension order, the Board shall enter an Order suspending the Attorney's License until such time as the Attorney remedies the failure to comply or a determination is made as to whether the Attorney has violated any Disciplinary Rules. An Attorney suspended pursuant to this subparagraph G.1. is subject to the provisions of subparagraph 13-29;
   2. On its own motion or upon request by Bar Counsel or the Respondent, to summon and examine witnesses under oath or affirmation administered by any member of the Board and to compel the attendance of witnesses and the production of documents necessary or material to any proceeding. Any summons or subpoena may be issued by any Board member or the Clerk and shall have the force of and may be enforced as a summons or subpoena issued by a Circuit Court. A subpoena duces tecum which compels the Respondent to produce documents may be served upon the Respondent by certified mail at the Respondent's last address of record for membership purposes with the Bar or, if service cannot be effected at the Respondent’s last address on record, or the Respondent is a Foreign Lawyer, or a lawyer engaged pro hac vice in the practice of law in Virginia, or a lawyer not admitted in Virginia, by first class mail to the Clerk of this Court.
   3. To impose an interim Suspension if an Attorney fails to comply with a summons or subpoena issued by any member of the Board, the Clerk, or Bar Counsel, for trust account, estate account, fiduciary account, operating account or other records maintained by the Attorney or the Attorney's law firm. In the event of alleged noncompliance, Bar Counsel may file with the Board and serve on the Attorney a notice of noncompliance requesting the Board to suspend the Attorney's License. The noncompliance notice must advise the Attorney that he or she may petition the Board within 10 days of service of the notice to withhold entry of a Suspension order and to hold a hearing, at which time the Attorney shall have the burden of proving good cause for the alleged noncompliance. If 10 days after service of the notice of noncompliance the Attorney has not petitioned the Board to withhold entry of an interim Suspension order, the Board shall summarily enter an Order suspending the Attorney's License. If the Board finds at any hearing conducted hereunder that the Attorney has failed to establish good cause for the alleged noncompliance, the Board shall enter an Order suspending the Attorney’s License. A suspension imposed under this subparagraph shall remain in place until: i) the Attorney fully complies with the summons or subpoena; ii) a determination is made as to whether the Attorney’s noncompliance violated the Disciplinary Rules; or iii) the Complaint or Disciplinary Proceeding in which the summons or subpoena was issued is closed. An Attorney suspended pursuant to this subparagraph G.3. is subject to the provisions of subparagraph 13-29;
   4. To rule on the admissibility of evidence, through a panel Chair, which rulings may be overruled by a majority of the Panel; and
   5. To act through its Chair or one of the Vice Chairs (an officer) on any non-dispositive pre-hearing matters and on any dispositive matters where all parties are in agreement, subject to the following qualification and exception: (1) any pre-hearing ruling on a non-dispositive matter made by an officer of the Board shall be subject to being overruled by a majority vote of the Panel which actually hears the matter; and (2) Agreed Dispositions must be approved by a Panel.
8. Agreed Disposition. Whenever Bar Counsel and Respondent are in agreement as to the disposition of a Disciplinary Proceeding, the parties may submit a proposed Agreed Disposition to five members of the Board selected by the Chair. The five members so selected will constitute a Panel. If the proposed Agreed Disposition is accepted by a majority of the Panel so selected, the Agreed Disposition will be adopted by order of the Board. No appeal will lie from any sanction to which Respondent has agreed. If the Agreed Disposition is not accepted by the Panel, the Disciplinary Proceeding will then be set for hearing before another Panel of the Board at the earliest possible date. No member of the Panel which considered the proposed Agreed Disposition shall be assigned to the Panel which hears the Disciplinary Proceeding. In the event the Panel rejects the proposed Agreed Disposition, the Panel may advise Bar Counsel and Respondent as to the reason for the rejection. Bar Counsel and Respondent may then meet privately and determine whether to revise the proposed Agreed Disposition and the Panel may reconsider any revised proposed Agreed Disposition within a timeframe determined by the Panel.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-6 to clarify language.

The amendments effective June 15, 2018, conform Paragraph 13 to Chapter 27.2 of title 55 of the Code of Virginia, renaming CRESPA (Consumer Real Estate Settlement Protection Act) to RESA (Real Estate Settlement Agents).

The amendments effective February 17, 2011, revised Paragraph 13 regarding multijurisdictional practice.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

The amendment effective April 13, 2012, revised Paragraph 13 regarding appointment to the Disciplinary Board.

The amendment effective February 22, 2021, revised Paragraph 13-6 D. regarding the quorum requirement for the Disciplinary Board.

The amendment effective March 12, 2022, adopted January 11, 2022, added the last two sentences to 13-6.H.

13-7 District Committees

1. Powers: Each District Committee and Section thereof shall have the power to:
   1. Elect a Chair, Vice Chair and Secretary, and such other officers as it considers appropriate;
   2. Conduct hearings and adjudicate Charges of Misconduct as provided in this Paragraph;
   3. Examine witnesses under oath to be administered by any member of the District Committee;
   4. Issue, through Bar Counsel, any summons or subpoena necessary to compel the attendance of witnesses and the production of documents or evidence necessary or material to any Investigation or Disciplinary Proceeding, or through its Chair, any summons or subpoena permitted under subparagraph 13-16.E. Any such summons or subpoena issued to a non-Attorney shall have the force of and be enforced as a summons or subpoena issued by a Circuit Court. A subpoena duces tecum which compels the Respondent to produce documents may be served upon the Respondent by certified mail at the Respondent's last address of record for membership purposes with the Bar or, if service cannot be effected at the Respondent’s last address on record, or if the Respondent is a Foreign Lawyer, or a lawyer engaged pro hac vice in the practice of law in Virginia, or a lawyer not admitted in Virginia, by first class mail to the Clerk of this Court.
   5. Direct Bar Counsel to file a notice of noncompliance requesting the Board to suspend an Attorney’s License until such time as the Attorney fully complies with a subpoena requiring production of trust account, estate account, fiduciary account, operating account or other records maintained by the Attorney or the Attorney’s law firm;
   6. Rule on the admissibility of evidence and other matters relating to the conduct of a Disciplinary Proceeding;
   7. Rule on motions to limit or quash any summons or subpoena;
   8. Maintain order in all its proceedings through its Chair; and
   9. Approve an Agreed Disposition of a Complaint or Charge of Misconduct submitted by Bar Counsel and the Respondent, either through a Subcommittee acting by a unanimous vote, or, once a Charge of Misconduct is placed on the public District Committee hearing docket, a Panel of the District Committee acting by a majority vote. No appeal will lie from any sanction to which Respondent has agreed. If the Agreed Disposition is not accepted by a Panel of the District Committee, no member of the Panel which considered the Agreed Disposition shall be assigned to the Panel that hears the Complaint or Charge of Misconduct.
2. Creation of Subcommittees.The Chair shall appoint one or more Subcommittees of each District Committee. Where a District Committee is divided into two or more Sections, there shall be one or more Subcommittees of each Section, as determined by the respective District Committee Section Chair. Each Subcommittee shall consist of three members of that District Committee or that Section of the District Committee. Two members of a Subcommittee shall be members of the Bar, one of whom shall be appointed by the District Committee or Section Chair to act as Chair of that Subcommittee, and one member of the Subcommittee shall be a nonlawyer member.
3. Subcommittee Quorums. A quorum of a Subcommittee shall consist of three members, who may act in a meeting in person or through any means of communication by which all three members participating may simultaneously hear each other during the meeting.
4. District Committee Jurisdiction. A District Committee shall have jurisdiction over all Complaints referred to it.
5. Limitation on Private Discipline. Private Discipline shall be imposed only in cases of minor Misconduct, when there is little or no injury to any of the following: a client, the public, the legal system or the profession, and when there is little likelihood of repetition by the Respondent. When any Respondent has received two determinations of Private Discipline, excepting only de minimis Dismissals, during any ten-year period, it shall be presumed that further Private Discipline is not an appropriate disposition. Any Respondent who has received two determinations of Private Discipline within the ten-year period immediately preceding the Bar’s receipt of the oldest Complaint that the Subcommittee is considering, shall receive public discipline for any violation of the Disciplinary Rules, unless there are sufficient facts and circumstances to rebut such presumption.
6. Venue. Venue shall not be jurisdictional, but venue shall lie with the District Committee, in the following order of preference, where:
   1. Any portion of the alleged Misconduct occurred;
   2. The Respondent resides;
   3. The Respondent maintains an office;
   4. The Respondent has an address on record with the Bar as the Respondent’s address for membership purposes; or
   5. The Complainant resides.
7. Preferred Venue. If preferred venue does not lie with any District Committee able to adjudicate the Complaint against a Respondent, such Complaint may be filed with and adjudicated by a District Committee designated by the Clerk. In determining to which District Committee a Complaint should be referred, the Clerk shall consider the volume of Complaints pending before the District Committee and the inconvenience imposed upon the Respondent and the witnesses by the location of the District Committee.
8. Objections to Venue. Either the Respondent or Bar Counsel may object to venue by filing a notice of objection with the Clerk within ten days of notification of the referral of the Complaint to a District Committee. Objections to venue shall be deemed waived unless made within this ten-day time period. Upon receipt of a timely filed notice of objection, the Clerk shall forward the notice of objection to the Chair of the Board for decision.
9. Complaints Referred to District Committee or Subcommittee. A District Committee or Subcommittee shall consider, adjudicate and dispose of Complaints referred to the District Committee pursuant to this Paragraph. Where appropriate, the District Committee or Subcommittee shall also counsel Respondents concerning their conduct. In addition, members of a District Committee, other than nonlawyer members, may participate in the Investigation of Complaints, provided that a member participating in such Investigation shall not participate in a District Committee’s consideration, adjudication and disposition of such Complaint or Charge of Misconduct.
10. Service by a Member of the Bar and Professional Relationship. Service by a member of the Bar on a District Committee shall be deemed to be a professional relationship within the meaning of Rules of Professional Conduct 1.6, 1.7, 1.9, 1.10 and 3.7. Such service shall be deemed the holding of public office within the meaning of Rules of Professional Conduct 1.11 and 1.12.
11. Consent by Bar Counsel. Consent under Rules of Professional Conduct 1.6, 1.7 and 1.9 shall be deemed to include Bar Counsel’s consent on behalf of the Bar.
12. Recusal or Disqualification of District Committee Members. In the event of recusal or disqualification of so many District Committee members that the District Committee is unable to discharge its responsibilities under this Rule, the District Committee may supplement its membership with members from other District Committees to achieve a quorum. If every member of a District Committee is recused or is disqualified from considering Charges of Misconduct, the Clerk shall assign the Charges of Misconduct to another District Committee.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-7 to clarify and simplify language.

The amendments effective February 17, 2011, revised Paragraph 13 regarding multijurisdictional practice.

13-8 Bar Counsel

1. Authority. Bar Counsel shall have the authority, to the extent provided in this Paragraph and subject to the general supervision of COLD, to:
   1. Initiate, investigate, present or prosecute Complaints or other proceedings before Subcommittees, District Committees, the Board and Circuit Courts. Bar Counsel may represent the Bar in matters pending in this Court. In the course of performing such functions, Bar Counsel shall act independently and exercise prosecutorial autonomy and discretion;
   2. Examine criminal history record information relating to any Attorney or former Attorney from any state or federal law enforcement agency;
   3. Examine financial books and records, once a Complaint has been filed, including, without limitation, any and all escrow accounts, trust accounts,estate accounts, fiduciary accounts and operating or other accounts, maintained by the Attorney, the Attorney’s law firm or any other third party organization by whom the Attorney is employed or with whom the Attorney is associated;
   4. Examine the accounts described in the preceding subparagraph A.3. at any time when Bar Counsel reasonably believes that such accounts may not be in compliance with the Disciplinary Rules. In every instance in which Bar Counsel initiates examination of accounts or issues any summons or subpoena in the conduct of an examination or an Investigation concerning accounts, other than on the basis of a Complaint against the Attorney, Bar Counsel shall file a written statement as part of the record setting forth the reasons supporting the belief that the accounts may not comply with the Disciplinary Rules. A copy of this written statement shall be served upon the Attorney who is the subject of the Investigation when an examination has begun or any summons or subpoena has been issued;
   5. Issue such summons for the attendance of witnesses and subpoenae for the production of documents necessary or material to any Investigation, District Committee or Board proceeding; and
   6. File a notice of noncompliance requesting the Board to suspend the Attorney’s License until such time as the Attorney fully complies with a subpoena issued by the Bar Counsel, a District Committee or the Board, for the production of trust account, estate account, fiduciary account, operating account or other records maintained by the Attorney or the Attorney’s law firm.
2. Acting Bar Counsel. In the event of disqualification or recusal of Bar Counsel in any proceeding, the allegation of Misconduct shall be prosecuted by a District Committee member designated by the District Committee Chair if the Proceeding is before a District Committee, or by the Attorney General or his designee if the Proceeding is before the Board or a three-judge Circuit Court.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13-9 Clerk of the Disciplinary System

1. Current Dockets. The Clerk shall maintain a docket of current Attorney discipline and RESA matters pending before the District Committees, the Board or courts of this Commonwealth.
2. Records Retention. The Clerk shall retain all Files with respect to any Disciplinary Record for a period of at least five years from the date of the final Order in the Disciplinary Proceeding that created that Disciplinary Record. The Clerk may destroy all other Files upon the expiration of one year after the Dismissal.
3. File Destruction. Whenever a File is destroyed, the following information shall be preserved:
   1. The name and Bar identification number of Respondent;
   2. The name and last known address of the Complainant;
   3. The date the matter was initially received by the Bar;
   4. A summary of the Complaint or allegation of Misconduct;
   5. The date of the Dismissal or any sanction(s) imposed; and
   6. The disposition of the matter, including the basis for Dismissal or the sanction(s) imposed.
   Such summary information shall be retained for at least five years whenever the Complaint or allegation of Misconduct is dismissed with no Disciplinary Record having been created, and for at least ten years whenever a Disciplinary Record has been created, an Impairment determined, a Reinstatement Proceeding held or a finding of Misconduct involving a RESA violation is made.
4. Preservation of Determinations and Orders. The Clerk shall preserve a copy of all District Committee Determinations and Board or court orders in which an Attorney has been found to have engaged in Misconduct, to be impaired, to have committed a violation of RESA or requested Reinstatement.
5. Costs. The Clerk shall assess Costs against the Respondent in the following cases:
   1. All cases in which a final determination of Misconduct is made by a Subcommittee, District Committee, three-judge Circuit Court, the Board or this Court;
   2. All cases against a Respondent who consents to revocation;
   3. All proceedings under this Paragraph in which there is a finding that a Respondent has been found guilty of a Crime;
   4. All reciprocal cases under this Paragraph in which a final determination imposing discipline is made;
   5. All Reinstatement cases under this Paragraph;
   6. All cases before the Board in which sanctions were imposed for violations of RESA and/or the Bar’s RESA regulations; and
   7. With respect to Guardian Ad Litem’s fees and costs, all Disciplinary Proceedings in which a Guardian Ad Litem is appointed and the Board, in its discretion, assesses the Guardian Ad Litem’s fees and costs against Respondent.
6. Review of Costs Assessment. If the Respondent disagrees with the amount of Costs as calculated by the Clerk, or if the Respondent asserts that the immediate payment thereof would constitute a hardship, the Respondent may petition the Board for review within ten days of the notice assessing Costs. The Chair, upon written request of Respondent, included with his petition, may grant Respondent a hearing on the Costs issue. The decision of the Chair shall be final and non-appealable. Interest at the judgment rate shall commence on the Costs assessed 30 days after the issuance of the notice of assessment, unless otherwise prescribed by the Board. If the Respondent fails to pay the Costs and interest so assessed within 30 days of the notice of assessment or within such other time as the Board may order, then the Costs assessed and interest shall be a debt subject to collection by the Bar, and the Board shall issue an order of Suspension against the Respondent until such time as Respondent shall pay all of the Costs and accrued interest.
7. Public Notification of Sanctions. The Clerk shall issue a statement to the communications media and individuals and entities listed below summarizing each public Admonition, Public Reprimand, Suspension, or Revocation upon receipt of a Summary Order, District Committee Determination, or Memorandum Order approving an Agreed Disposition:
   1. The Clerk of this Court;
   2. Clerks of the Circuit and District Courts in each judicial circuit in the Commonwealth where the Attorney resides or maintains an office; and
   3. Disciplinary authorities for jurisdictions, federal or state, wherein it is reasonable to expect that the Attorney may be licensed.

The amendments effective December 1, 2019, revised Paragraph 13-9 to clarify and simplify language.

The amendments effective January 1, 2019, allow the Disciplinary Board to assess fees and costs of a Guardian Ad Litem to be paid by the Respondent when the Guardian Ad Litem was appointed by the Disciplinary Board.

The amendments effective June 15, 2018, conform Paragraph 13 to Chapter 27.2 of title 55 of the Code of Virginia, renaming CRESPA (Consumer Real Estate Settlement Protection Act) to RESA (Real Estate Settlement Agents).

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13-10 Processing of Complaints by Bar Counsel

1. Review. Bar Counsel shall review all Complaints. If, following review of a Complaint, Bar Counsel determines that the conduct questioned or alleged does not present an issue under the Disciplinary Rules, Bar Counsel shall not open an Investigation, and the Complaint shall be dismissed.
2. No Dismissal by Complainant. No Complaint or allegation of Misconduct shall be dismissed at any stage of the process solely upon a request by a Complainant to withdraw his or her Complaint.
3. Summary Resolution. Bar Counsel shall decide whether a Complaint is appropriate for an informal or abbreviated Investigation. When a Complaint involves minor allegations of Misconduct susceptible to early resolution, Bar Counsel may assign the Complaint to a staff member, a District Committee member, or use any other means practicable to speedily investigate and resolve the allegations of Misconduct. If the Complaint is resolved through this process, Bar Counsel shall then dismiss the Complaint. Such dismissal shall not become a part of the Respondent’s Disciplinary Record. If Bar Counsel chooses not to proceed under this subsection, or, having elected to proceed under this subsection, the Complaint is not resolved within 90 days from the date of filing, Bar Counsel shall proceed pursuant to the following subsections.
4. Preliminary Investigation. A preliminary Investigation may consist of obtaining a response, in writing, from the Respondent to the Complaint and sharing the response, if any, with the Complainant, so the Complainant may have an opportunity to provide additional information.
5. Disposition by Bar Counsel after Preliminary Investigation. Bar Counsel may conduct a preliminary Investigation of any Complaint to determine whether it should be referred to the District Committee. Bar Counsel shall not file a Complaint with a District Committee following a preliminary Investigation when, in Bar Counsel’s judgment:
   1. As a matter of law, the conduct questioned or alleged does not constitute Misconduct;
   2. The evidence available shows that the Respondent did not engage in the Misconduct questioned or alleged;
   3. There is no credible evidence to support any allegation of Misconduct by the Respondent; or
   4. The evidence available could not reasonably be expected to support any allegation of Misconduct under a clear and convincing evidentiary standard.
6. Referral to District Committee. Bar Counsel shall notify the District Committee Chair that a Complaint has been referred to a District Committee for investigation. Thereafter, the Complaint shall be investigated and a report thereof made to a Subcommittee.
7. Report to Subcommittee. When submitting an Investigative Report to the Subcommittee, Bar Counsel or Committee Counsel may also send a recommendation as to the appropriate disposition of the Complaint.

The amendments effective March 19, 2010, revised Paragraph 13-10 B. dealing with the use of the phrase "Charge of Misconduct" and rewrote Paragraph 13-10 C.

13-11 Limited Right to Discovery

There shall be no right to discovery in connection with disciplinary matters, including matters before three-judge Circuit Courts, except:

1. Issuance of such summonses and subpoenae as are authorized; and
2. Bar Counsel shall furnish to Respondent a copy of the Investigative Report considered by the Subcommittee when the Subcommittee set the Complaint for hearing before the District Committee or certified the Complaint to the Board, with the following limitations:
   1. Bar Counsel shall not be required to produce any information or document obtained in confidence from any law enforcement or disciplinary agency, or any documents that are protected by the attorney-client privilege or work product doctrine, unless attached to or referenced in the Investigative Report; and
   2. Bar Counsel shall not be required to reveal other communications between the Investigator and Bar Counsel, or between Bar Counsel and the Subcommittee.
3. Bar Counsel shall make a timely disclosure to the Respondent of all known evidence that tends to negate the Misconduct of the Respondent or mitigate its severity or which, upon a finding of Misconduct, would tend to support imposition of a lesser sanction than might be otherwise imposed. Bar Counsel shall comply with the duty to disclose this evidence regardless of whether the information is confidential under this Paragraph. If Bar Counsel discloses under this subparagraph information that is otherwise confidential, Bar Counsel shall promptly notify the Attorney or Complainant who is the subject of the disclosure unless Bar Counsel decides that giving such notice would prejudice a disciplinary investigation. Notice shall be in writing and shall be deemed effective when mailed by first-class mail to the Bar’s last known address of the subject Complainant or Attorney.

13-12 Substantial Compliance, Notice and Evidentiary Rulings, and Address Notification

1. Substantial Compliance. Except where this Paragraph provides specific time deadlines, substantial compliance with the provisions hereof shall be sufficient, and no allegation of Misconduct shall be dismissed on the sole ground that any such provision has not been strictly complied with.
2. Time Deadlines. Where specific time deadlines are provided, such deadlines shall be jurisdictional, except when the Clerk, Bar Counsel, a District Committee or the Board is granted specific authority herein to extend or otherwise modify any such deadline.
3. Service. Whenever any notice or other writing directed to the Respondent is required or permitted under this Rule, such notice or other writing shall be deemed effective and served when mailed by certified mail to the Respondent at the Respondent’s last address on record for membership purposes with the Bar or, if service cannot be effected at the Respondent’s last address on record, or if the Respondent is a Foreign Lawyer, or a lawyer engaged pro hac vice in the practice of law in Virginia, or a lawyer not admitted in Virginia, by first class mail to the Clerk of this Court.
4. Evidentiary Rulings. In any Disciplinary Proceeding, evidentiary rulings shall be made favoring receipt into evidence of all reasonably probative evidence to satisfy the ends of justice. The weight given such evidence received shall be commensurate with its evidentiary foundation and likely reliability.
5. Rights of Counsel for Complainant or Witness. Neither counsel for the Complainant, if there is one, nor counsel for any witnesses, may examine or cross-examine any witness, introduce any evidence or present any argument.
6. Notice of Impairment Evidence. A Respondent who intends to rely upon evidence of an Impairment in mitigation of Misconduct shall, absent good cause excusing his or her failure to do so, provide notice not less than 14 days prior to the hearing to Bar Counsel and the District Committee or Board of his or her intention to do so.
7. English Required. All communication with the Bar, whether written or oral, shall be in English.

The amendments effective December 1, 2019, revised Paragraph 13-12 to clarify and simplify language.

The amendments effective February 17, 2011, revised Paragraph 13 regarding multijurisdictional practice.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13-13 Participation and Disqualification of Counsel

1. Attorney for Respondent. A Respondent may be represented by a member of the Bar, or any member of the bar of any other jurisdiction while engaged pro hac vice in the practice of law in Virginia, at any time with respect to a Complaint. In any proceeding before the Board or a three-judge Circuit Court, or in a District Committee matter in which a Charge of Misconduct has been issued, counsel of record for a Respondent shall not withdraw except upon motion for good cause shown.
2. Signature Required by Respondent. A Respondent must sign his or her written response to any Complaint, Charge of Misconduct or Certification.
3. Disqualification. An Attorney shall not represent a Respondent with respect to a Complaint or allegation of Misconduct:
   1. While such Attorney is a current employee or current officer of the Bar or is a member of Council, COLD, the Board, or a District Committee;
   2. For 90 days after such Attorney ceases to be an employee or officer of the Bar or a member of Council, COLD, the Board, or a District Committee;
   3. At any time, after such Attorney ceases to be an employee or officer of the Bar or a member of Council, COLD, the Board or a District Committee, if such Attorney was personally involved in the subject matter of the Complaint, allegation of Misconduct or any related matter while acting as such employee, officer or member;
   4. At any time after such Attorney ceased to be a liaison from COLD to a District Committee before which the Disciplinary Proceeding involving such Complaint or Charge of Misconduct was pending during the time such Attorney was such liaison; or
   5. If such Attorney is a partner or an associate of, or is a member, shareholder or has a similar relationship with an Attorney who is a current member of COLD or an officer of the Bar, or who was a member of COLD or an officer of the Bar within the previous 90 days.
   6. If such Attorney is a partner or an associate of, or is a member, shareholder or has a similar relationship with an Attorney who is a current member of the Board or was a member of the Board within the previous 90 days, unless the Attorney’s representation of the Respondent with respect to a Complaint or allegation of Misconduct preceded the Board member’s appointment to the Board. In such cases, the Attorney may continue to represent the Respondent as follows:
      1. Before a Three Judge Court in proceedings conducted pursuant to Va. Code § 54.1-3935, or any appeal therefrom;
      2. Before any District Committee.
   7. If such Attorney is a partner or an associate of, or is a member, shareholder or has a similar relationship with an Attorney who is a member of a District Committee, before that District Committee, or if the District Committee is divided into sections, before the District Committee section of which the Attorney’s partner or associate is a member.
4. No Imputation of Conflict. Except as set forth in subparagraph C, there shall be no imputation of conflict that disqualifies an Attorney from representing a Respondent with respect to a Complaint or Charge of Misconduct.
   
   

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective January 31, 2014, revised Paragraph 13 regarding Participation and Disqualification of Counsel.

The amendments effective February 17, 2011, revised Paragraph 13 regarding multijurisdictional practice.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13-14 Disqualification of District Committee Member or Board Member

1. Personal or Financial Interest. A member or former member of a District Committee or the Board shall be disqualified from adjudicating any matter with respect to which the member has any personal or financial interest that might affect or reasonably be perceived to affect the member’s ability to be impartial. The Chair shall rule on the issue of disqualification, subject to being overruled by a majority of the Panel or Subcommittee.
2. Complaint Against a Member. Upon the referral of any Complaint against a member or former member of a District Committee or the Board to a District Committee for Investigation, the member shall be recused from any service on the District Committee or the Board until the Dismissal of the Complaint without the imposition of any form of discipline.
3. Imposition of Discipline. Upon the final imposition of a Private Reprimand, a Public Reprimand, an Admonition, a Suspension or a Revocation against a member or former member of a District Committee or the Board, the member shall automatically be terminated from membership or further service on the District Committee or Board. Upon the final imposition of any other form of Attorney discipline, COLD shall have sole discretion to determine whether the member shall be terminated from membership or further service on the District Committee or the Board.
4. Interpretation. Unless otherwise stated, all questions of interpretation under this subparagraph 13-14 shall be decided by the tribunal before which the proceeding is pending, except that COLD shall determine discretionary termination of membership or further service.
5. Ineligibility. Any member or former member of a District Committee or the Board shall be ineligible to serve in a Disciplinary Proceeding or Impairment Proceeding in which:
   1. The District Committee or Board member or any member of his or her firm is involved in any significant way with the matter on which the District Committee or Board would act;
   2. The Board member or any member of the Board member’s firm was serving on the District Committee that certified the matter to the Board or has otherwise acted on the matter;
   3. A Judge would be required to withdraw from consideration of, or presiding over, the matter under the Canons of Judicial Conduct adopted by this Court;
   4. The District Committee or Board member previously represented the Respondent; or
   5. The District Committee or Board member, upon reasonable notice to the Clerk or to the Chair presiding over a matter, disqualifies himself or herself from participation in the matter, because such member believes that he or she is unable to participate objectively in consideration of the matter or for any other reason.

The amendments effective December 1, 2019, revised Paragraph 13-14 to clarify and simplify language.

13-15 Subcommittee Action

1. Referral. Following receipt of the report of Investigation and Bar Counsel’s recommendation, the Subcommittee may refer the matter to Bar Counsel for further Investigation.
2. Other Actions. Once the Investigation is complete to the Subcommittee’s satisfaction, it will take one of the following actions.
   1. Dismiss. It shall dismiss the Complaint when:
      1. As a matter of law the conduct questioned or alleged does not constitute Misconduct; or
      2. The evidence available shows that the Respondent did not engage in the Misconduct questioned or alleged, or there is no credible evidence to support any allegation of Misconduct by Respondent, or the evidence available could not reasonably be expected to support any allegation of Misconduct under a clear and convincing evidentiary standard; or
      3. The evidence available shows that the conduct questioned or alleged was de minimis, there is little or no injury to any of the following: a client, the public, the legal system or profession, and there is no or very little likelihood of repetition by the Respondent; or
      4. There exist exceptional circumstances mitigating against further proceedings, which circumstances shall be set forth in writing, unless they relate to Respondent’s health or other information that the Subcommittee determines should remain confidential; or
      5. The action alleged to be Misconduct is protected by superseding law.
      In dismissing cases under Paragraph 13-15.B.1.c. or d., the Subcommittee shall have access to Respondent’s prior Disciplinary Record and any prior dismissals issued pursuant to Paragraph 13-15.B.1.c. or d. When any Respondent has received a dismissal under Paragraph 13-15.B.1.c. or d. during the ten-year period immediately preceding the Bar’s receipt of the oldest Complaint that the Subcommittee is considering, it shall be presumed that another dismissal on the same basis is not an appropriate disposition, unless there are sufficient facts and circumstances to rebut such presumption.
   2. Impose an Admonition without Terms. In making this determination, the Subcommittee shall have access to Respondent's prior Disciplinary Record. Respondent, within ten days after the issuance of an Admonition without Terms, may request a hearing before the District Committee.
   3. Certify to the Board. Certify the Complaint to the Board pursuant to this Paragraph or file a complaint in a Circuit Court, pursuant to Va. Code § 54.1-3935. Certification shall be based on a reasonable belief that the Respondent has engaged or is engaging in Misconduct that, if proved, would justify a Suspension or Revocation. In making this determination, the Subcommittee shall have access to Respondent’s prior Disciplinary Record.
   4. Approve an Agreed Disposition. Approve an Agreed Disposition imposing one of the following conditions or sanctions:
      1. Admonition, with or without Terms; or
      2. Private Reprimand, with or without Terms; or
      3. Public Reprimand, with or without Terms.
   5. Set the Complaint for Hearing before the District Committee. In making this determination, the Subcommittee shall have access to Respondent’s prior Disciplinary Record.
3. Vote Required for Action. All actions taken by Subcommittees, except for approval of Agreed Dispositions, shall be by majority vote.
4. Report of the Subcommittee. All decisions of the Subcommittee shall be reported to the District Committee in a timely fashion.
5. Notice of Action of the Subcommittee. If a Subcommittee has dismissed the Complaint, the Chair shall promptly provide written notice to the Complainant, the Respondent and Bar Counsel of such Dismissal and the factual and legal basis therefor. If a Subcommittee determines to issue an Admonition with or without Terms, or a Private or Public Reprimand with or without Terms, the Chair shall promptly send the Complainant, the Respondent and Bar Counsel a copy of the Subcommittee’s determination. If a Subcommittee elects to certify a Complaint to the Board, the Subcommittee Chair shall promptly mail a copy of the Certification to the Clerk, Bar Counsel, the Respondent and the Complainant.
6. Procedure in All Terms Cases. If a Subcommittee imposes Terms, the Subcommittee shall specify the time period within which compliance with the Terms shall be completed. If Terms have been imposed against a Respondent, that Respondent shall deliver a certification of compliance with such Terms to Bar Counsel within the time period specified by the Subcommittee. If a Subcommittee issues an Admonition with Terms, a Private Reprimand with Terms, or a Public Reprimand with Terms based on an Agreed Disposition, the Agreed Disposition shall specify the alternative disposition to be imposed if the Terms are not complied with or if the Respondent does not certify compliance with Terms to Bar Counsel. If the Respondent does not comply with the Terms imposed or does not certify compliance with Terms to Bar Counsel within the time period specified, Bar Counsel shall serve notice requiring the Respondent to show cause why the alternative disposition should not be imposed. Such show cause proceeding shall be set for hearing before the District Committee at its next available hearing date as determined in the discretion of the District Committee Chair. The burden of proof shall be on the Respondent to show timely compliance and timely certification by clear and convincing evidence. If the District Committee determines that the Respondent failed to comply with the Terms or failed to certify compliance within the stated time period, the alternative disposition shall be imposed. Bar Counsel shall be responsible for monitoring compliance with Terms and reporting any noncompliance to the District Committee.
7. Alternative Disposition for Public Reprimand with Terms. The alternative disposition for a Public Reprimand with Terms shall be a Certification For Sanction Determination unless the Respondent has entered into an Agreed Disposition for the imposition of an alternative disposition of a specific period of Suspension of License.

The amendments effective December 1, 2019, revised Paragraph 13-15 to clarify and simplify language.

13-16 District Committee Proceedings

1. Charge of Misconduct. If the Subcommittee determines that a hearing should be held before a District Committee, Bar Counsel shall, at least 42 days prior to the date fixed for the hearing, serve upon the Respondent by certified mail the Charge of Misconduct, a copy of the Investigative Report considered by the Subcommittee and any exculpatory materials in the possession of Bar Counsel.
2. Response by Respondent Required. After the Respondent has been served with the Charge of Misconduct, the Respondent shall, within 21 days after service of the Charge of Misconduct:
   1. File an Answer to the Charge of Misconduct with the Clerk, which Answer shall be deemed consent to the jurisdiction of the District Committee; or
   2. File an Answer to the Charge of Misconduct and a demand with the Clerk that the proceedings before the District Committee be terminated and that further proceedings be conducted pursuant to Va. Code § 54.1-3935; and simultaneously provide available dates for a hearing not less than 30 nor more than 120 days from the date of the demand. Upon the filing of an Answer and such a demand, and provision of available dates as specified above, further proceedings before the District Committee shall terminate, and Bar Counsel shall file the complaint required by Va. Code § 54.1-3935. The hearing shall be scheduled as soon as practicable. However, the 30- to 120-day time frame shall not constitute a deadline for the hearing to be held.
3. Failure of Respondent to Respond. If the Respondent fails to file an Answer, or an Answer and a demand, and provide available dates, as specified above, the Respondent shall be deemed to have consented to the jurisdiction of the District Committee.
4. Pre-Hearing Orders. The Chair may, sua sponte or upon motion of the Respondent or Bar Counsel, enter such pre-hearing order as is necessary for the orderly conduct of the hearing before the District Committee. Such order may establish time limits and:
   1. Direct Bar Counsel and Respondent to file with the Clerk and provide to each other and the Chair, a list of and copies of all exhibits proposed to be introduced at the Misconduct stage of the hearing;
   2. Encourage Bar Counsel and Respondent to confer and discuss stipulations; and
   3. Direct Bar Counsel and Respondent to file with the Clerk and provide to each other and the Chair, lists setting forth the name of each witness the party intends to call.
5. Subpoenae, Summonses and Counsel. The Respondent may be represented by counsel. The Respondent may request the Chair of the District Committee to issue summonses or subpoenae for witnesses and documents. Such a request must be filed with the Clerk with a copy to Bar Counsel. Requests for summonses and subpoenae shall be granted, unless, in the judgment of the Chair of the District Committee, such request is unreasonable. Bar Counsel or any party subject to a summons or subpoena may file with the Clerk a motion to quash or limit such summonses or subpoenae.
6. Continuances. Once a District Committee has scheduled a hearing, no continuance shall be granted unless in the judgment of the Chair the continuance is necessary to prevent injustice.
7. Public Hearings. District Committee hearings, except deliberations, shall be open to the public.
8. Public Docket. The Clerk’s Office shall maintain a public docket of all matters set for hearing before a District Committee or certified to the Board. For every matter before a District Committee for which a Charge of Misconduct has been mailed by the Office of the Bar Counsel, the Clerk shall place it on the docket 21 days after the date of the Charge of Misconduct. For every Complaint certified to the Board by a Subcommittee, the Clerk shall place it on the docket on receipt of the statement of the certified charges from the Subcommittee.
9. Oral Testimony and Exhibits. Oral testimony shall be taken and preserved by a Court Reporter. All exhibits or copies thereof received in evidence or refused by the District Committee shall be filed with the Clerk.
10. Opening Remarks by the Chair. After swearing the Court Reporter, who thereafter shall administer oaths or affirmations to witnesses, the Chair shall make opening remarks in the presence of the Respondent and the Complainant, if present. The Chair shall also inquire of the members present whether any member has any personal or financial interest that may affect, or be reasonably perceived to affect, his or her ability to be impartial. Any member answering in the affirmative shall be excused from participation in the matter.
11. Motion to Exclude Witnesses. Witnesses other than the Complainant and the Respondent shall be excluded until excused from a public hearing on motion of Bar Counsel, the Respondent or the District Committee.
12. Presentation of the Bar’s Evidence. Bar Counsel or Committee Counsel shall present witnesses and other evidence supporting the Charge of Misconduct. Respondent shall be afforded the opportunity to cross-examine the Bar’s witnesses and to challenge any evidence introduced on behalf of the Bar. District Committee members may also examine witnesses offered by Bar Counsel or Committee Counsel.
13. Presentation of the Respondent’s Evidence. Respondent shall be afforded the opportunity to present witnesses and other evidence on behalf of Respondent. Bar Counsel or Committee’s Counsel shall be afforded the opportunity to cross-examine Respondent’s witnesses and to challenge any evidence introduced on behalf of Respondent. District Committee members may also examine witnesses offered on behalf of Respondent.
14. No Participation by Other Counsel. Neither counsel for the Complainant, if there be one, nor counsel for any witness, may examine or cross-examine any witness, introduce any other evidence, or present any argument.
15. Depositions. Depositions may be taken only when witnesses are unavailable, in accordance with Rule 4:7(a)(4) of the Rules of this Court.
16. Testimony by Videoconferencing and Telephone. Testimony by videoconferencing and/or telephonic means may be utilized, if in compliance with the Rules of this Court.
17. Admissibility of Evidence. The Chair shall rule on the admissibility of evidence, which rulings may be overruled by a majority of the remaining District Committee members participating in the hearing.
18. Motion to Strike. At the conclusion of the Bar’s evidence or at the conclusion of all of the evidence, the District Committee on its own motion, or the Respondent or the Respondent’s counsel may move to strike the Bar’s evidence as to one or more allegations of Misconduct contained in the Charge of Misconduct. A motion to strike an allegation of Misconduct shall be sustained if the Bar has failed to introduce sufficient evidence that would under any set of circumstances support the conclusion that the Respondent engaged in the alleged Misconduct that is the subject of the motion to strike. If the Chair sustains the motion to strike an allegation of Misconduct, subject to being overruled by a majority of the remaining members of the Committee, that allegation of Misconduct shall be dismissed.
19. Argument. The District Committee shall afford a reasonable opportunity for argument on behalf of the Respondent and Bar Counsel on the allegations of Misconduct.
20. Deliberations. The District Committee members shall deliberate in private on the allegations of Misconduct. After due deliberation and consideration, the District Committee shall vote on the allegations of Misconduct.
21. Change in District Committee Composition. When a hearing has been adjourned for any reason and any of the members initially constituting the quorum for the hearing cannot be present, the hearing of the matter may be completed by furnishing a transcript of the subsequent proceedings conducted in one or more member’s absence to any such absent member or members; or substituting another District Committee member for any absent member or members and furnishing a transcript of the prior proceedings in the matter to such substituted member or members.
22. Show Cause for Compliance with Terms. Any show cause proceeding involving the question of compliance with Terms shall be deemed a new hearing and not a continuation of the hearing that resulted in the imposition of Terms.
23. Dismissal. After due deliberation and consideration, the District Committee may dismiss the Charge of Misconduct, or any allegation thereof, as not warranting further action when in the judgment of the District Committee:
    1. As a matter of law the conduct questioned or alleged does not constitute Misconduct;
    2. The evidence presented shows that the Respondent did not engage in the Misconduct alleged, or there is no credible evidence to support any allegation of Misconduct by Respondent, or the evidence does not reasonably support any allegation of Misconduct under a clear and convincing evidentiary standard;
    3. The action alleged to be Misconduct is protected by superseding law; or
    4. The District Committee is unable to reach a decision by a majority vote of those constituting the hearing panel, the Charge of Misconduct, or any allegation thereof, shall be dismissed on the basis that the evidence does not reasonably support the Charge of Misconduct, or one or more allegations thereof, under a clear and convincing evidentiary standard.
24. Sanctions. If the District Committee finds that Misconduct has been shown by clear and convincing evidence, then the District Committee shall, prior to determining the appropriate sanction to be imposed, inquire whether the Respondent has a Disciplinary Record in this or any other jurisdiction and shall give Bar Counsel and the Respondent an opportunity to present material evidence in aggravation or mitigation, as well as argument. In determining what disposition of the Charge of Misconduct is warranted, the District Committee shall consider the Respondent’s Disciplinary Record. A District Committee may:
    1. Conclude that an Admonition, with or without Terms, should be imposed;
    2. Issue a Public Reprimand, with or without Terms; or
    3. Certify the Charge of Misconduct to the Board or file a complaint in a Circuit Court, pursuant to Va. Code § 54.1-3935.
25. Summary Orders and District Committee Determinations. Upon conclusion of a hearing, the Chair must issue a Summary Order. If the District Committee finds that the evidence shows the Respondent engaged in Misconduct by clear and convincing evidence, then the Chair shall issue the District Committee’s Determination, in writing, setting forth the following:
    1. Brief findings of the facts established by the evidence except that explicit findings are not required in proceedings conducted pursuant to Va. Code § 54.1-3935;
    2. The nature of the Misconduct shown by the facts so established, including the Disciplinary Rules violated by the Respondent; and
    3. The sanctions imposed, if any, by the District Committee.
26. Notices. If the District Committee:
    1. Issues a Dismissal, the Chair shall promptly provide written notice to the Complainant, the Respondent and Bar Counsel of such Dismissal and the factual and legal basis therefor.
    2. Issues a Public Reprimand, with or without Terms, or an Admonition, with or without Terms, the Chair shall promptly send the Complainant, the Respondent and Bar Counsel a copy of the District Committee’s Determination.
    3. Finds that the Respondent failed to comply with the Terms imposed by the District Committee, the Chair shall notify the Complainant, the Respondent and Bar Counsel of the imposition of the alternative disposition.
    4. Has elected to certify the Complaint, the Chair of the District Committee shall promptly mail to the Clerk a copy of the Certification. A copy of the Certification shall be sent to Bar Counsel, Respondent and the Complainant.
27. District Committee Determination Finality. Upon the expiration of the ten-day period after service on the Respondent of a District Committee Determination, if either a notice of appeal or a notice of appeal and a written demand that further Proceedings be conducted before a three-judge Circuit Court pursuant to Va. Code § 54.1-3935 has not been filed by the Respondent, the District Committee Determination shall become final.
28. Enforcement of Terms. In all cases where Terms are included in the disposition, the District Committee shall specify the time period within which compliance shall be completed and, if required, the time period within which the Respondent shall deliver a written certification of compliance to Bar Counsel. The District Committee shall specify the alternative disposition if the Terms are not complied with or, if required, compliance is not certified to Bar Counsel. Bar Counsel shall be responsible for monitoring compliance and reporting any noncompliance to the District Committee. Whenever it appears that the Respondent has not complied with the Terms imposed, including written certification of compliance if required, Bar Counsel shall serve notice requiring the Respondent to show cause why the alternative disposition should not be imposed. Such show cause proceeding shall be set for hearing before the District Committee at its next available hearing date as determined in the discretion of the District Committee Chair. The burden of proof shall be on the Respondent to show compliance by clear and convincing evidence. If the Respondent has failed to comply with the Terms, including written certification of compliance if required, within the stated time period as determined by the District Committee, the alternative disposition shall be imposed. Any show cause proceeding involving the question of compliance shall be deemed a new matter and not a continuation of the matter that resulted in the imposition of Terms.
29. Alternative Disposition and Procedure for Public Reprimand with Terms. The alternative disposition for a Public Reprimand with Terms shall be a Certification for Sanction Determination. Upon a decision to issue a Certification for Sanction Determination, Bar Counsel shall order the transcript of the show cause hearing and file it and a true copy of the Public Reprimand with Terms determination with the Clerk.
30. Reconsideration of Action by the District Committee. No motion for reconsideration or modification of the District Committee’s decision following a hearing on a Charge of Misconduct shall be considered unless it is filed with the Clerk, along with all supporting exhibits, within 10 days after the hearing before the District Committee.
    1. A Charge of Misconduct dismissed by a District Committee may be reconsidered only upon:
       a. A finding by a majority vote of the Panel that heard the matter originally that material evidence not known or available when the matter was originally presented has been discovered; or
       b. A unanimous vote of the Panel that heard the matter originally.
    2. No action by a District Committee imposing a sanction or certifying a matter to the Board shall be reconsidered unless a majority of the Panel that heard the matter votes to reconsider the sanction.
    3. No member shall vote to reconsider a District Committee action unless it appears to such member that reconsideration is necessary to prevent an injustice or warranted by specific exceptional circumstances militating against adherence to the initial action of the District Committee.
    4. District Committee members may be polled on the issue of whether to reconsider an earlier District Committee action.
    5. Any reconsideration of an earlier District Committee action must occur at a District Committee meeting, whether in person or by any means of communication which allows all members participating to simultaneously hear each other.
    If such a motion is timely filed, the Clerk shall promptly forward copies to each member of the hearing Panel. The Panel may deny the motion without response from the other party. No relief shall be granted without allowing the other party an opportunity to oppose the motion in writing. If no relief is granted, the District Committee shall enter its order disposing of the motion.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective March 15, 2020, revised Paragraph 13-16 to clarify language under Summary Orders and District Committee Determinations.

The amendments effective December 1, 2019, revised Paragraph 13-16 to clarify and simplify language.

13-17 Perfecting an Appeal of a District Committee Determination by the Respondent

1. Notice of Appeal; Demand. Within ten days after service on the Respondent of the District Committee Determination, the Respondent may file with the Clerk either a notice of appeal to the Board or a notice of appeal and a written demand that further proceedings be conducted pursuant to Va. Code § 54.1-3935. In either case, the Respondent shall send copies to the District Committee Chair and to Bar Counsel. Upon such demand, further proceedings before the Board shall terminate, and Bar Counsel shall file the complaint required by Va. Code § 54.1-3935. The hearing shall be scheduled as soon as practicable. If the Respondent fails to file a demand, as specified above, the Respondent shall be deemed to have consented to the jurisdiction of the Board.
2. Staying of Discipline. If the Clerk receives a timely notice of appeal from a Public Reprimand, with or without Terms, or an Admonition, with or without Terms, the sanction shall be stayed during the pendency of the appeal.
3. Filing the Transcript and Record on Appeal. The Respondent shall certify in the notice of appeal or written demand that he or she has ordered from the Court Reporter a complete transcript of the proceedings before the District Committee, at the Respondent’s cost. Upon receipt of the notice of appeal or written demand, Bar Counsel shall forward those portions of the record in his or her possession to the Clerk. The transcript is a part of the record when it is received in the office of the Clerk within 40 days after filing of the notice of appeal or written demand. The Clerk shall retain the records until the transcript has been received or for 40 days after the notice of appeal or written demand has been received, whichever occurs first, and shall then dispose of the record as prescribed in the records retention policy set forth in this Paragraph. Failure of the Respondent to make the complete transcript a part of the Record as specified herein shall result in Dismissal of the appeal by the Board, whether initiated by notice of appeal or written demand, and affirmance of the sanction imposed by the District Committee. Bar Counsel shall initiate the three-judge Circuit Court process for the appeal only after receipt of the transcript by the Clerk.
4. Appeal to a Circuit Court. An appeal to a Circuit Court pursuant to Va. Code § 54.1-3935 shall be conducted before a duly convened three-judge Circuit Court as an appeal on the record using the same procedure prescribed for an appeal of a District Committee Determination before the Board under this Paragraph. The Clerk shall forward the record to the clerk of the designated Circuit Court only upon receipt of the transcript as provided in the preceding subparagraph C.
5. Appeal from Agreed Sanction Prohibited. No appeal shall lie from any sanction to which the Respondent has agreed.

The amendments effective December 1, 2019, revised Paragraph 13-17 to clarify and simplify language.

13-18 Board Proceedings Upon Certification

1. Filing by Respondent. After a Subcommittee or District Committee certifies a matter to the Board, and the Respondent has been served with the Certification, the Respondent shall, within 21 days after service of the Certification:
   1. File an Answer to the Certification with the Clerk, which Answer shall be deemed consent to the jurisdiction of the Board; or
   2. File an Answer to the Certification and a demand with the Clerk that the proceedings before the Board be terminated and that further proceedings be conducted pursuant to Va. Code § 54.1-3935; and simultaneously provide available dates for a hearing not less than 30 nor more than 120 days from the date of the demand. Upon the filing of an Answer and such demand and provision of available dates as specified above, further proceedings before the Board shall terminate, and Bar Counsel shall file the complaint required by Va. Code § 54.1-3935. The hearing shall be scheduled as soon as practicable. However, the 30- to 120-day time frame shall not constitute a deadline for the hearing to be held.
2. No Filing by Respondent. If the Respondent fails to file an Answer, or an Answer and a demand, and provide available dates, as specified above, the Respondent shall be deemed to have consented to the jurisdiction of the Board.
3. Notice of Hearing. The Board shall set a date, time, and place for the hearing, and shall serve notice of such hearing upon the Respondent at least 21 days prior to the date fixed for the hearing.
4. Expedited Hearings.
   1. If Bar Counsel or a District Committee Chair has reasonable cause to believe that an Attorney is engaging in Misconduct which is likely to result in injury to, or loss of property of, one or more of the Attorney’s clients or any other person, and that the continued practice of law by the Attorney poses an imminent danger to the public, Bar Counsel or the District Committee Chair may petition the Board to issue an order requiring the Attorney to appear before the Board for a hearing in accordance with the procedures set forth below.
   2. The petition shall be under oath and shall set forth the nature of the alleged Misconduct, the factual basis for the belief that immediate action by the Board is reasonable and necessary and any other facts which may be relevant to the Board’s consideration of the matter, including any prior Disciplinary Record of the Attorney.
   3. Upon receipt of the petition, the Chair or Vice-Chair of the Board shall issue an order requiring the Respondent to appear before the Board not less than 14 nor more than 30 days from the date of the order for a hearing to determine whether the Misconduct has occurred and the imposition of sanctions is appropriate. The Board’s order shall be served on the Respondent no fewer than ten days prior to the date set for hearing.
   4. If the Respondent, at the time the petition is received by the Board, is the subject of an order then in effect by a Circuit Court pursuant to Va. Code § 54.1-3936 appointing a receiver for his accounts, the Board shall issue a further order summarily suspending the License of the Respondent until the Board enters its order following the expedited hearing.

   5. At least five days prior to the date set for hearing, the Respondent shall either file an Answer to the petition with the Clerk, which Answer shall be conclusively deemed consent to the jurisdiction of the Board; or file an Answer and a demand with the Clerk that proceedings before the Board be terminated and that further proceedings be conducted pursuant to Va. Code § 54.1-3935; and simultaneously provide available dates for a hearing not less than 30 days nor more than 120 days from the date of the Board order. Upon the filing of an Answer and such demand and provision of available dates as specified above, further proceedings before the Board shall be terminated and Bar Counsel shall file the complaint required by Va. Code § 54.1-3935. The hearing shall be scheduled as soon as practicable. However, the 30- to 120-day time frame shall not constitute a deadline for the hearing to be held. If any order of summary Suspension has been entered, such Suspension shall remain in effect until the court designated under Va. Code § 54.1-3935 enters a final order disposing of the issue before it. If the Respondent fails to file an Answer, or an Answer and a demand, and provide available dates, as specified above, the Respondent shall be deemed to have consented to the jurisdiction of the Board.

5. Pre-Hearing Orders. The Chair may, sua sponte or upon motion of the Respondent or Bar Counsel, enter such pre-hearing order as is necessary for the orderly conduct of the hearing before the Board in Misconduct cases. Such order may establish time limits and:
   1. Direct Bar Counsel and the Respondent to provide to each other, with a copy to the Clerk, a list of and copies of all exhibits proposed to be introduced at the Misconduct stage of the hearing;
   2. Encourage Bar Counsel and the Respondent to confer and discuss stipulations; and
   3. Direct Bar Counsel and the Respondent to provide to each other, with a copy to the Clerk, lists setting forth the name of each witness the party intends to call.
6. Continuance of a Hearing. Absent exceptional circumstances, once the Board has scheduled a hearing, no continuance shall be granted unless, in the judgment of the Chair, the continuance is necessary to prevent injustice. No continuance will be granted because of a conflict with the schedule of the Respondent or the Respondent’s counsel unless such continuance is requested in writing by the Respondent or the Respondent’s counsel within 14 days after mailing of a notice of hearing. Any request for a continuance shall be filed with the Clerk.
7. Preliminary Explanation. The Chair shall state in the presence of the Respondent and the Complainant, if present, a summary of the alleged Misconduct, the nature and purpose of the hearing, the procedures to be followed during the hearing, and the dispositions available to the Board following the hearing. The Chair shall also inquire of the members present whether any member has any personal or financial interest that may affect, or be reasonably perceived to affect, his or her ability to be impartial. Any member answering in the affirmative shall be excused from participation in the matter.
8. Attendance at Hearing. Witnesses other than the Complainant and the Respondent shall be excluded until excused from a public hearing on motion of Bar Counsel, the Respondent or the Board.
9. Order of Hearing.
   1. Brief opening statements by Bar Counsel and by the Respondent or the Respondent’s counsel shall be permitted but are not required.
   2. Bar Counsel shall present witnesses and other evidence supporting the Certification. The Respondent shall be afforded the opportunity to cross-examine the Bar’s witnesses and to challenge any evidence introduced on behalf of the Bar. Board members may also examine witnesses offered by Bar Counsel.
   3. Respondent shall be afforded the opportunity to present witnesses and other evidence. Bar Counsel shall be afforded the opportunity to cross-examine Respondent’s witnesses and to challenge any evidence introduced on behalf of Respondent. Board members may also examine witnesses offered on behalf of a Respondent.
   4. Bar Counsel may rebut the Respondent’s evidence.
   5. Bar Counsel may make the initial closing argument.
   6. The Respondent or the Respondent’s counsel may then make a closing argument.
   7. Bar Counsel may then make a rebuttal closing argument.
10. Motion to Strike. At the conclusion of the Bar’s evidence or at the conclusion of all the evidence, the Board on its own motion, or the Respondent or the Respondent’s counsel may move to strike the Bar’s evidence as to one or more allegations of Misconduct contained in the Certification. A motion to strike an allegation of Misconduct shall be sustained if the Bar has failed to introduce sufficient evidence that would under any set of circumstances support the conclusion that the Respondent engaged in the alleged Misconduct that is the subject of the motion to strike. If the Chair sustains the motion to strike an allegation of Misconduct, subject to being overruled by a majority of the remaining members of the Board, that allegation of Misconduct shall be dismissed from the Certification.
11. Deliberations. As soon as practicable after the conclusion of the evidence and arguments as to the issue of Misconduct, the Board shall deliberate in private. If the Board finds by clear and convincing evidence that the Respondent has engaged in Misconduct, the Board shall, prior to determining the appropriate sanction to be imposed, inquire whether the Respondent has a Disciplinary Record in this or any other jurisdiction and shall give Bar Counsel and the Respondent an opportunity to present material evidence and arguments in aggravation or mitigation. The Board shall deliberate in private on the issue of sanctions. The Board may address any legal questions to the Office of the Attorney General.
12. Dismissal for Failure of the Evidence.If the Board concludes that the evidence fails to show under a clear and convincing evidentiary standard that the Respondent engaged in the Misconduct, the Board shall dismiss any allegation of Misconduct not so proven.
13. Disposition Upon a Finding of Misconduct. If the Board concludes that there has been presented clear and convincing evidence that the Respondent has engaged in Misconduct, after considering evidence and arguments in aggravation and mitigation, the Board shall impose one of the following sanctions and state the effective date of the sanction imposed:
    1. Admonition, with or without Terms;
    2. Public Reprimand, with or without Terms;
    3. Suspension of the License of the Respondent;
       a. For a stated period not exceeding five years; provided, however, if the Suspension is for more than one year, the Respondent must apply for Reinstatement as provided in this Paragraph; or
       b. For a stated period of one year or less, with or without terms; or
    4. Revocation of the Respondent’s License.
14. Dismissal for Failure to Reach a Majority Decision. If the Board is unable to reach a decision by a majority vote of those constituting the hearing panel, the Certification, or any allegation thereof, shall be dismissed on the basis that the evidence does not reasonably support the Certification, or one or more allegations thereof, under a clear and convincing evidentiary standard.
15. Enforcement of Terms. In all cases where Terms are included in the disposition, the Board shall specify the time period within which compliance shall be completed and, if required, the time period within which the Respondent shall deliver a written certification of compliance to Bar Counsel. The Board shall specify the alternative disposition if the Terms are not complied with or, if required, compliance is not certified to Bar Counsel. Bar Counsel shall be responsible for monitoring compliance and reporting any noncompliance to the Board. Whenever it appears that the Respondent has not complied with the Terms imposed, including written certification of compliance if required, Bar Counsel shall serve notice requiring the Respondent to show cause why the alternative disposition should not be imposed. Such show cause proceeding shall be set for hearing before the Board at its next available hearing date. The burden of proof shall be on the Respondent to show compliance by clear and convincing evidence. If the Respondent has failed to comply with the Terms, including written certification of compliance if required, within the stated time period, as determined by the Board, the alternative disposition shall be imposed. Any show cause proceeding involving the question of compliance shall be deemed a new matter and not a continuation of the matter that resulted in the imposition of Terms.
16. Orders, Findings and Opinions. Upon disposition of a matter, the Board shall issue the Summary Order. Thereafter, the Board shall issue the Memorandum Order. A Board member shall prepare the Summary Order and Memorandum Order for the signature of the Chair or the Chair’s designee. Dissenting opinions may be filed. Upon disposition of a matter conducted pursuant to Va. Code § 54.1-3935, the three-judge Circuit Court shall issue the Summary Order and the Memorandum Order, except that explicit findings of fact are not required.
17. Change in Composition of Board Hearing Panel. Whenever a hearing has been adjourned for any reason and one or more of the members initially constituting the quorum for the hearing are unable to be present, the hearing of the matter may be completed by furnishing a transcript of the subsequent proceedings conducted in one or more member’s absence to such absent member, or substituting another Board member for any absent member and furnishing a transcript of the prior proceedings in the matter to such substituted member(s).
18. Reconsideration of Board Action. No motion for reconsideration or modification of the Board's decision shall be considered unless it is filed with the Clerk within 10 days after the hearing before the Board. The moving party shall file the motion and all supporting exhibits with the Clerk. Such motion shall be granted only to prevent manifest injustice upon the ground of:
    1. Illness, injury or accident which prevented the Respondent or a witness from attending the hearing and which could not have been made known to the Board within a reasonable time prior to the hearing; or
    2. Evidence which was not known to the Respondent at the time of the hearing and could not have been discovered prior to, or produced at, the hearing in the exercise of due diligence and would have clearly produced a different result if the evidence had been introduced at the hearing.
    If such a motion is timely filed, the Clerk shall promptly forward copies to each member of the hearing Panel. The Panel may deny the motion without response from the other party. No relief shall be granted without allowing the other party an opportunity to oppose the motion in writing. If no relief is granted, the Board shall enter its order disposing of the motion.

The amendments effective July 16, 2021, Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective March 15, 2020, revised Paragraph 13-18 dealing with Orders, Findings and Opinions.

The amendments effective December 1, 2019, revised Paragraph 13-18 to clarify and simplify language.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

The amendments effective March 1, 2009, deleted from Paragraph 13-18 M.3. "for a stated period not exceeding five years; provided, however, if the Suspension is for more than one year, the Respondent must apply for Reinstatement as provided in this Paragraph; or". Changes posted April 28, 2016, conform to SCV Order of December 30, 2008.

13-19 Board Proceedings Upon Appeal

1. Docketing An Appeal. Upon receipt of notice from the Clerk that a Respondent has filed an appeal from a District Committee Determination the Board shall place such matter on its docket for review.
2. Notice to the Appellant. The Clerk shall notify the appellant when the entire record of the Proceeding before the District Committee has been received or when the time for appeal has expired.
3. Record on Appeal. The record shall consist of the Charge of Misconduct, the complete transcript of the Proceeding, any exhibits received or refused by the District Committee, the District Committee Determination, and all briefs, memoranda or other papers filed with the District Committee by the Respondent or the Bar. Upon petition of the Respondent, for good cause shown, the Board may permit the record to be supplemented to prevent injustice, such supplement to be in such form as the Board may deem appropriate.
4. Briefing. Thereafter, briefs shall be filed in the office of the Clerk, as follows:
   1. The appellant shall file an opening brief within 40 days after the mailing of the notice to the appellant regarding the record by the Clerk. Failure of the appellant to file an opening brief within the time specified herein shall result in the Dismissal of the appeal and affirmance of the decision by the District Committee.
   2. The appellee shall file its brief within 25 days after filing of the opening brief.
   3. The appellant may file a reply brief within 14 days after filing of the appellee’s brief.
5. Standard of Review. In reviewing a District Committee Determination, the Board shall ascertain whether there is substantial evidence in the record upon which the District Committee could reasonably have found as it did.
6. Oral Argument. Oral argument shall be granted, unless waived by the appellant.
7. Imposition of Sanctions. Upon review of the record in its entirety, the Board may:
   1. Dismiss the Charge of Misconduct upon a finding that the District Committee Determination is contrary to the law or is not supported by substantial evidence;
   2. Affirm the District Committee Determination, in which instance the Board may impose the same or any lesser sanction as that imposed by the District Committee. In no case shall it increase the severity of the sanction imposed by the District Committee; or
   3. Reverse the decision of the District Committee and remand the Charge of Misconduct to the District Committee for further proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-19 to clarify and simplify language.

13-20 Board Proceedings Upon Certification for Sanction Determination

1. Initiation of Proceedings. Upon receipt of the Certification for Sanction Determination from a District Committee, the Clerk shall issue a notice of hearing on the Certification for Sanction Determination giving Respondent the date, time and place of the Proceeding and a copy of the Certification for Sanction Determination.
2. Proceedings Upon the Record. The proceeding shall be conducted upon the record which shall consist of the Public Reprimand with Terms determination issued by either a Subcommittee or a District Committee, the transcript of the District Committee show cause hearing, and the Certification for Sanction Determination.
3. Evidence. Evidence only of mitigation and aggravation with respect to compliance or certification shall be permitted in the proceeding.
4. Argument. Argument shall be conducted as in the sanction phase of a Misconduct case.
5. Sanctions. The Board may impose a sanction of Suspension or Revocation of License.

The amendments effective December 1, 2019, revised Paragraph 13-20 to clarify and simplify language.

13-21 Board Proceedings Upon a First Offender Plea

1. Action Upon Receipt of Notification. Whenever the Clerk receives written notification from any court of competent jurisdiction stating that an Attorney has entered a plea to a Crime under a first offender statute, and that the court has found facts that would justify a finding of guilt and ordered that the Attorney be put on probation, the Board shall forthwith enter an order requiring the Attorney to appear at a specified time and place for a hearing before the Board to determine whether the Attorney’s License should be revoked or suspended or, if not, whether the Attorney should be required to give notice, by certified mail, of the plea and probation ordered by the court, including the terms and duration of the probation, to all clients for whom the Attorney is currently handling matters, and to all opposing attorneys and the presiding judges in pending litigation. A copy of the written notification from the court shall be served with the order fixing the time and place of the hearing. The hearing shall be set not less than 14 or more than 30 days after the date of the Board’s order.
2. Burden of Proof. At the hearing, the Attorney shall have the burden of proving why his or her License should not be suspended or revoked and why he or she should not be required to give notice of the plea and probation ordered by the court.
3. Demand for Three Judge Court. If the Attorney elects to have further proceedings conducted pursuant to Va. Code § 54.1-3935, the Attorney shall file a demand with the Clerk of the Disciplinary System not later than ten days prior to the date set for the Board hearing, and simultaneously provide available dates for a hearing not less than 30 nor more than 120 days from the date of the demand. Upon such demand and provision of available dates as specified above, further proceedings before the Board shall be terminated and Bar Counsel shall file the complaint required by Va. Code § 54.1-3935. The hearing shall be scheduled as soon as practicable. However, the 30 to 120 day time frame shall not constitute a deadline for the hearing to be held. If the Respondent fails to file a demand, and provide available dates, as specified above, the Respondent shall be deemed to have consented to the jurisdiction of the Board.
4. Attorney Compliance with Notice Requirements. If the Board or court suspends or revokes the Attorney’s License, the Attorney must comply with the notice requirements set out in subparagraph 13-29. If the Board or court orders the Attorney to give notice of the plea and court ordered probation, the Attorney shall give such notice within 14 days after the effective date of the Board’s order and furnish proof to the Bar within 60 days of the effective date of the order that such notices have been timely given. Issues concerning the adequacy of the notice shall be determined by the Board, which may suspend or revoke the Attorney’s License for failure to comply with the above notice requirements.

The amendments effective December 1, 2019, revised Paragraph 13-21 to clarify and simplify language.

13-22 Board Proceedings Upon a Guilty Plea or an Adjudication of a Crime

1. Action Upon Receipt of Notification. Whenever the Clerk receives written notification from any court of competent jurisdiction stating that an Attorney (the “Respondent”) has been found guilty or convicted of a Crime by a Judge or jury, pled guilty to a Crime or entered a plea wherein the facts found by a court would justify a finding of guilt, irrespective of whether sentencing has occurred, a member of the Board shall forthwith and summarily enter an order of Suspension requiring the Respondent to appear at a specified time and place for a hearing before the Board to show cause why the Respondent’s License to practice law should not be further suspended or revoked. A copy of the written notification from the court shall be served upon the Respondent with the Board’s order of Suspension. The Board may appoint a guardian ad litem to represent the interests of a Respondent who is incarcerated and unrepresented by counsel at any time it appears that such an appointment may be appropriate to protect the interests of the Respondent.
2. Time of Hearing, Continuance and Interim Hearing. The hearing shall be set not less than 14 or more than 30 days after the date of the Board’s order. Upon written request of the Respondent, the hearing may be continued until after sentencing has occurred. Upon receipt by the Board of a certified copy of a notice of appeal from the conviction, proceedings before the Board shall, upon request of the Respondent, be continued pending disposition of such appeal. The Board shall, upon request of the Respondent, hold an interim hearing and shall terminate a summary Suspension while the sentencing or appeal is pending, if the Board finds that the summary Suspension, if not terminated, would be likely to exceed the discipline imposed by the Board upon a hearing on the merits of the case.
3. Reversal of Conviction. Upon presentation to the Board of a certified copy of an order setting aside the verdict or reversing the conviction on appeal, any Suspension shall be automatically terminated and any Revocation shall be vacated, and the License shall be deemed automatically reinstated. Discharge or Dismissal of a guilty plea or termination of probation shall not result in the automatic termination of the Suspension or vacation of the Revocation. Nothing herein shall preclude further proceedings against the Respondent upon allegations of Misconduct arising from the facts leading to such conviction.
4. Burden of Proof. At the hearing, the Respondent shall have the burden of proving that he or she was not convicted of a Crime and why his or her License should not be further suspended or revoked.
5. Action by the Board and Notice to Respondent. If the Board finds at the hearing that the Respondent has been found guilty or convicted of a Crime by a Judge or jury, pled guilty to a Crime or entered a plea wherein the facts found by a court would justify a finding of guilt, an order shall be issued, and a copy thereof served upon the Respondent in which the Board shall continue the Suspension or issue an order of Suspension against the Respondent for a stated period not in excess of five years; or issue an order of Revocation against the Respondent.
6. Demand for Three-Judge Circuit Court. If the Respondent elects to have further proceedings conducted pursuant to Va. Code § 54.1-3935, the Respondent shall file a demand with the Clerk not later than ten days prior to the date set for the hearing before the Board, and simultaneously provide available dates for a hearing not less than 30 nor more than 120 days from the date of the demand. Upon such demand and provision of available dates as specified above, further proceedings before the Board shall be terminated and Bar Counsel shall file the complaint required by Va. Code § 54.1-3935. The hearing shall be scheduled as soon as practicable. However, the 30- to 120-day time frame shall not constitute a deadline for the hearing to be held. Any summary Suspension issued by the Board shall remain in effect until the court designated under Va. Code § 54.1-3935 enters a final order, unless earlier terminated pursuant to subparagraph 13-22.B. If the Respondent fails to file a demand, and provide available dates, as specified above, the Respondent shall be deemed to have consented to the jurisdiction of the Board.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-22 to clarify and simplify language.

The amendments effective March 19, 2010, rewrote Paragraph 13-22.

13-23 Board Proceedings Upon Impairment

1. Suspension for Impairment. The Board shall have the power to issue an order of Suspension to a Respondent who has an Impairment. The term of such Suspension shall be indefinite, and, except as provided below, shall be terminated only upon determination by the Board that Respondent no longer has the Impairment. A Respondent who intends to rely upon evidence of an Impairment in mitigation of Misconduct shall, absent good cause excusing his or her failure to do so, provide notice not less than 14 days prior to the hearing to Bar Counsel and the District Committee or Board of his or her intention to do so. A finding of Impairment may be utilized by Bar Counsel to: (1) dismiss any pending Complaints or allegations of Misconduct; and (2) move to dismiss a Charge of Misconduct, Certification or Disciplinary Proceeding, on the basis of a finding of Impairment militating against further proceedings, which circumstances of Impairment shall be set forth in the Dismissal.
2. Burden of Proof. Whenever the existence of an Impairment is alleged in a proceeding under this Rule or in mitigation of allegations of Misconduct, the burden of proving such an Impairment shall rest with the party asserting its existence. The issue of the existence of an Attorney’s Impairment may be raised by any person at any time, and if a District Committee or the Board, during the course of a hearing on allegations of Misconduct against a Respondent, believes that the Respondent may then have an Impairment, the District Committee or the Board may postpone the hearing and initiate an Impairment Proceeding under this Rule. In proceedings to terminate a Suspension for Impairment, the burden of proving the termination of an Impairment shall be on the Respondent.
3. Investigation. Upon receipt of notice or evidence that an Attorney has or may have an Impairment, Bar Counsel shall cause an Investigation to be made to determine whether there is reason to believe that the Respondent has the Impairment. As a part of the Investigation of whether an Impairment exists, and for good cause shown in the interest of public protection Bar Counsel may petition the Board to order the Respondent:
   1. To undergo psychiatric, physical or other medical examinations by qualified physicians or other health care providers selected by the Board;
   2. To provide appropriate releases to health care providers authorizing the release of Respondent’s psychiatric, physical or other medical records to Bar Counsel and the Board for purposes of the Investigation and any subsequent Impairment proceedings.
   Upon notice to the Respondent, the Board shall hold a hearing to determine whether any such examination or release is appropriate.
4. Summary Suspension. Upon receipt of a notice from the Clerk with supporting documentary evidence that an Attorney has been: a) adjudicated by a court of competent jurisdiction to be incompetent or incapacitated; or b) involuntarily admitted to a hospital (as defined in Va. Code §37.2-100) for evaluation or treatment of any addiction, inebriety, insanity, intellectual disability, or mental illness, any member of the Board shall summarily issue on behalf of the Board an order of Suspension against the Respondent and cause the order to be served on such Respondent.
5. Action by Board after a Hearing.
   1. If Bar Counsel determines that there is reason to believe that an Attorney has an Impairment, Bar Counsel shall file a petition with the Board, and the Board shall promptly hold a hearing to determine whether such Impairment exists. A copy of the petition shall be served on the Respondent. If the Board determines that an Impairment exists, it shall enter an order of Suspension.
   2. The Board shall hold a hearing upon petition of a Respondent who is subject to a Suspension for Impairment that alleges that the Impairment no longer exists. Evidence that the Respondent is no longer hospitalized shall not be conclusive to the Board’s determination of the Respondent’s ability to resume the practice of law.
6. Procedure. Such hearing shall be conducted substantially in accordance with the procedures established in proceedings related to Misconduct, except that the public and witnesses, other than the Respondent, shall be excluded throughout an Impairment Proceeding when not testifying.
7. Guardian Ad Litem. The Board may appoint a guardian ad litem to represent the interests of a Respondent at any time when it appears that such an appointment may be appropriate to protect the interests of a Respondent who is the subject of an Impairment Proceeding and unrepresented by counsel. If no guardian ad litem has been appointed for, and no counsel has made an appearance on behalf of, a Respondent, the notice of any hearing to determine whether the Respondent has an Impairment shall order Respondent to advise the Board whether Respondent has retained counsel for the hearing. Unless counsel for such Respondent enters an appearance with the Board within ten days of the date of the notice, the Board shall appoint a guardian ad litem to represent the interests of such Respondent.
8. Examination. Following a psychiatric, physical or other medical examination, written reports of the results of such examination, along with written reports from other qualified physicians or other health care providers who have examined Respondent, may be considered as evidence by the Board. Such reports shall be filed with the Clerk.
9. Termination of Suspension. In cases where a Suspension is based upon an adjudication by a court under Paragraph 13-23.D, the Board shall promptly enter an order terminating such Suspension upon receipt of an order from a court of competent jurisdiction finding that the Respondent is no longer incompetent or incapacitated.
10. Enforcement. The Board shall have the power to sanction an Attorney for failure to comply with its orders and subpoenae issued in connection with an Impairment Proceeding. The sanction can include a summary Suspension in a case where it is determined that the public and/or the clients of the Attorney are in jeopardy; such action can be sua sponte or on motion by Bar Counsel, with appropriate notice to the Attorney and the Attorney’s counsel or guardian ad litem.
11. Transfer of Membership Status. Bar Counsel may terminate and close an Impairment Proceeding if the Respondent transfers to the Disabled or Retired class of membership pursuant to Part 6, Section IV, Paragraph 3 of the Rules of Court and files a declaration with the Clerk and the Virginia State Bar’s Membership Department that the Respondent will not seek transfer from the Disabled or Retired class of membership. The declaration shall be endorsed by the Respondent and, as applicable, the Respondent’s counsel or guardian ad litem. The Respondent’s transfer to the Disabled or Retired class of membership and filing of the declaration as described above may also be utilized by Bar Counsel to: (1) dismiss any pending Complaints or allegations of Misconduct; and (2) move to dismiss a Charge of Misconduct, Certification, or Disciplinary Proceeding, on the basis of transfer to the Disabled or Retired class of membership, militating against further proceedings, which shall be set forth in the Dismissal.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective June 30, 2020, revised Paragraph 13-23 K.

The amendments effective December 1, 2019, revised Paragraph 13-23 to clarify and simplify language.

The amendments effective January 1, 2019, facilitate retirement for a lawyer suffering from a permanent impairment, such as an irreversible cognitive decline, by allowing retirement with dignity instead of having the lawyer’s license suspended on impairment grounds. With these amendments, the impaired lawyer could transfer to the Disabled and Retired class of membership.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13-24 Board Proceedings Upon Disbarment, Revocation or Suspension in Another Jurisdiction

1. Definitions Specific to Paragraph 13-24. The following terms shall have the meaning set forth below unless the content clearly requires otherwise:
   1. “State Jurisdiction” means any state, United States Territory, or District of Columbia law licensing or attorney disciplinary authority, including the highest court of any such Jurisdiction, authorized to impose attorney discipline effective throughout the Jurisdiction.
   2. “Jurisdiction” shall refer to either a “State Jurisdiction” or any federal court or agency authorized to discipline attorneys, including the United States military.
2. Initiation of Proceedings. Upon receipt of a notice from the Clerkthat another Jurisdiction has, as a disciplinary measure, suspendedor revoked the law license of an Attorney(“Respondent”)or has suspended or revoked Respondent’s privilege to practice law in that Jurisdiction, and that such action has become final (the “Suspension or Revocation Notice”), any Board member shall enter on behalf of the Board an order requiring Respondent to show cause why discipline that is the same or equivalent to the discipline imposed in the other Jurisdiction should not be imposed by the Board. If the Suspension or Revocation Notice is from a State Jurisdiction and the suspension or revocation has not been suspended or stayed, then the Board’s order shall suspend Respondent’s License pending final disposition of the Proceeding hereunder. The Board shall serve upon Respondent by certified mail the following: a copy of the Suspension or Revocation Notice; a copy of the Board’s order; and a notice fixing the date, time and place of the hearing before the Board to determine what action should be taken in response to the Suspension or Revocation Notice and stating that the purpose of the hearing is to provide Respondent an opportunity to show cause why the same or equivalent discipline that was imposed in the other Jurisdiction should not be imposed by the Board. Notwithstanding the above, notice of a suspension or revocation for merely administrative reasons, such as the failure to pay dues or the failure to complete required continuing legal education, shall not be considered a Suspension or Revocation Notice.
3. Opportunity for Response. Respondent may file a written response, which shall be confined to argument and exhibits supporting one or more of the following grounds for dismissal or imposition of lesser discipline:
   1. The record of the proceeding in the other Jurisdiction would clearly show that such proceeding was so lacking in notice or opportunity to be heard as to constitute a denial of due process;
   2. The imposition by the Board of the same or equivalent discipline upon the same proof would result in an injustice;
   3. The same conduct would not be grounds for disciplinary action or for the same or equivalent discipline in Virginia; or
   4. The misconduct found in the other Jurisdiction would warrant the imposition of substantially lesser discipline in the Commonwealth of Virginia.
   Any such written response must be filed with the Clerk within 14 days of the date of mailing of the Board order, via certified mail, to Respondent’s last address of record with the Bar.
4. Scheduling and Continuance of Hearing. Unless continued by the Board for good cause, the hearing shall be set not less than 21 nor more than 30 days after the date of the Board’s order.
5. Provision of Copies. The Clerk shall furnish to the Board members designated for the hearing and make available to Respondent copies of the Suspension or Revocation Notice, the Board’s order against the Respondent, the notice of hearing, any notice of continuance of the hearing, and any written response or materials filed by Respondent or by Bar Counsel.
6. Hearing Procedures. Insofar as applicable, the procedures for Proceedings on allegations of Misconduct shall govern. Bar Counsel has discretion to put forth evidence and argument that one or more of the grounds specified in Paragraph 13-24.C exists. If Respondent does not file a timely written response, but appears at the hearing and expresses intent to present evidence or argument supporting the existence of one or more of the grounds specified in Paragraph 13-24.C, Respondent shall make a proffer to the Board. The Board may refuse to consider such evidence or argument as untimely. If the Board in its discretion is willing to consider such evidence or argument, then Bar Counsel, upon motion, may be entitled to a continuance.
7. Burden of Proof. The burden of proof to establish the existence of one or more of the grounds specified in Paragraph 13-24.C is clear and convincing evidence. Unless one or more of the grounds specified in Paragraph 13-24.C has been established by clear and convincing evidence, the Board shall conclude that Respondent was afforded due process by the other Jurisdiction and the findings of the other Jurisdiction shall be conclusive of all matters for purposes of the Proceeding before the Board.
8. Action by the Board. If the Board determines that none of the grounds specified in Paragraph 13-24.C exist by clear and convincing evidence, it shall impose the same or equivalent discipline as imposed in the other Jurisdiction. If the Board finds by clear and convincing evidence the existence of one or more of the grounds specified in Paragraph 13-24.C, the Board shall enter an order it deems appropriate. A copy of any order imposing discipline shall be served upon Respondent via certified mail, return receipt requested. Any such order shall be final and binding, subject only to appeal as set forth in the Rules of Court.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-24to clarify and simplify language.

The amendments effective March 1, 2017, revised Paragraph 13 to clarify what qualifies as another jurisdiction for reciprocal discipline purposes; clarify the disciplinary board’s authority to impose the same, equivalent, or lesser discipline as another jurisdiction; allow for leniency as appropriate; and provide the disciplinary board with discretion in enforcing the default provision..

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13-25 Board Proceedings for Reinstatement

1. Waiver of Confidentiality. The filing by a former Attorney of a petition for Reinstatement shall constitute a waiver of all confidentiality relating to the petition, and to the Complaint or Complaints that resulted in, or were pending at the time the former Attorney resigned or his or her License was revoked.
2. Investigation of Impairment in Reinstatement Matters. Upon receipt of notice or evidence that an individual seeking Reinstatement has or may have an Impairment, Bar Counsel shall cause an Investigation to be made to determine whether there is reason to believe that the Impairment exists. As part of the Investigation of whether an Impairment exists, and for good cause shown in the interest of public protection, Bar Counsel may petition the Board to order the individual:
   1. To undergo at his or her expense psychiatric, physical or other medical examinations by qualified physicians or other health care providers selected by the Board;
   2. To provide appropriate releases to health care providers authorizing the release of his or her psychiatric, physical or other medical records to Bar Counsel and the Board for purposes of the Investigation and any subsequent Reinstatement Proceedings.
   The Board shall hold a hearing to determine whether such examination(s) and releases(s) are appropriate, upon notice to the individual petitioning for Reinstatement.
3. Readmission After Resignation. If after resigning from the Bar, a former Attorney wishes to resume practicing law in the Commonwealth of Virginia, the former Attorney must apply to the Board of Bar Examiners, satisfy the character and fitness requirements, and either pass the Bar examination or meet all eligibility requirements for admission without examination under Rule 1A:1. Before being readmitted to the Bar, the former Attorney must also satisfy any membership obligations that were delinquent when the former Attorney resigned.
4. Reinstatement After Disciplinary Suspension for More than One Year. After a Suspension for more than one year, the License of the Attorney subject to the Suspension shall not be considered for Reinstatement unless the Attorney has provided the Clerk clear and convincing evidence of proof of compliance that he or she has:
   1. Attended 12 hours of continuing legal education, of which at least two hours shall be in the area of legal ethics or professionalism, for every year or fraction thereof of the Suspension;
   2. Taken the Multistate Professional Responsibility Examination since imposition of discipline and received a scaled score of 85 or higher;
   3. Reimbursed the Bar’s Clients’ Protection Fund for any sums of money it may have paid as a result of the Attorney’s Misconduct;
   4. Paid to the Bar all Costs that have been assessed against him or her, together with any interest due thereon at the judgment rate at the time the Costs are paid; and
   5. Reimbursed the Bar for any sums of money it may have paid as a result of a receivership involving Petitioner's law practice.
   Compliance with subparagraph 13-25.D will be determined by the Clerk. The Clerk will notify the Attorney of compliance or noncompliance. Upon a determination of compliance with the requirements of subparagraph 13-25.D, the Clerk will forward the request and supporting documentation to the Board for approval or disapproval of Reinstatement.
5. Petition for Reinstatement After Revocation. After a Revocation, a Petitioner may file with the Clerk a petition for Reinstatement, setting forth in that petition the reasons why his or her License should be reinstated. The Petitioner must comply with the requirements of subparagraph 13-25.F as a precondition to filing the petition. Compliance with subparagraph 13-25.F will be determined by the Clerk after the petition is filed, and the Clerk will notify the Petitioner of compliance or noncompliance. Upon a determination of compliance with the requirements of subparagraph 13-25.F, the Clerk will enter the petition on the docket of the Board and refer it to the office of Bar Counsel for investigation. The Board may recommend approval or disapproval of the petition. Final action on the petition shall be taken by this Court.
6. Threshold Requirements for Reinstatement After Revocation. After a Revocation, Petitioner’s License shall not be considered for Reinstatement unless the Petitioner has provided clear and convincing evidence of proof of compliance with the following requirements:
   1. No petition may be filed sooner than five years from the effective date of the Revocation;
   2. The petition has been filed under oath or affirmation with penalty of perjury;
   3. Within five years prior to the filing of the petition, Petitioner has attended 60 hours of continuing legal education, of which at least ten hours shall be in the area of legal ethics or professionalism;
   4. The Petitioner has taken the Multistate Professional Responsibility Examination and received a scaled score of 85 or higher;
   5. The Petitioner has reimbursed the Bar’s Clients’ Protection Fund for any sums of money it may have paid as a result of Petitioner’s Misconduct;
   6. The Petitioner has paid the Bar all Costs previously assessed against Petitioner, together with any interest due thereon at the judgment rate;
   7. The Petitioner has reimbursed the Bar for any sums of money paid as a result of a receivership involving Petitioner's law practice; and
   8. The Petitioner has posted with his or her petition for Reinstatement a $5,000 cash bond for payment of Costs resulting from the Reinstatement Proceedings.
7. Reinstatement Proceedings After a Revocation. If the threshold requirements of subparagraph 13.25-F have been met, the following processes shall ensue:
   1. Investigation. Bar Counsel shall conduct such Investigation and make such inquiry as it deems appropriate. On request of Bar Counsel, the Petitioner shall promptly sign such forms and give such permission as are necessary to permit inquiry of the Petitioner’s background through the Internal Revenue Service, the National Criminal Information Center, the National Criminal Information Network and any other similar information network or system. The petition for Reinstatement shall not proceed without such forms and permissions being signed by Petitioner and returned to Bar Counsel.
   2. Bill of Particulars. On written request by Bar Counsel, served by certified mail, return receipt requested, a Petitioner seeking Reinstatement shall file with the Clerk within 21 days after service of the request a bill of particulars setting forth the grounds for Reinstatement. The petition for Reinstatement shall not proceed without such bill of particulars being filed with the Clerk.
   3. Hearing Date. The date of the hearing shall be determined by the Clerk in consultation with the Bar Counsel and the Petitioner.
   4. Notice. Reasonable notice of filing of the petition and the date of the hearing shall be distributed by mail or electronic means by the Clerk to all members of the Bar of the circuit in the jurisdictions in which the Petitioner resided, and of the circuit in which the Petitioner maintained a principal office, at the time of the Revocation. The Clerk shall also distribute by mail or electronic means the notice to the members of the District Committee who heard the original Complaint, to members of the Board who heard the original Complaint, to the members of the District Committee for the judicial circuit in which the Petitioner currently resides, to the complaining witness or witnesses on all Complaints pending against the Petitioner before the Board, a District Committee or a court at the date of the Revocation or Suspension and to such other individuals as the Clerk deems appropriate. The Clerk shall publish a synopsis of the petition in the Virginia Lawyer and in a newspaper of general circulation in the judicial circuit where the Petitioner currently resides and where the Petitioner maintained a principal office at the time of the Revocation or Suspension. The entire petition, as well as the transcript, exhibits, pleadings and orders from the original Disciplinary Proceedings and Bill of Particulars, together with the documents referred to in subparagraph 13-25.F. above, shall be available for inspection and copying at the office of the Bar on reasonable notice and on payment of costs incurred to make the copies.
   5. Proof of Good Character. Petitioner must prove by clear and convincing evidence that Petitioner is a person of honest demeanor and good moral character and possesses the requisite fitness to practice law. After a Revocation, an attorney’s license shall not be reinstated without such proof.
   6. Powers of the Board in Reinstatement Cases. The Board is empowered to hold a hearing and make its recommendation to this Court either to approve or disapprove the petition.
      1. Hearing. On the date set for the hearing, the Petitioner shall have the right to representation by counsel, to examine and cross-examine witnesses and to present evidence. The testimony and other incidents of the hearing shall be transcribed and preserved, together with all exhibits (or copies thereof) received into evidence or refused. Bar Counsel shall appear and represent the Commonwealth and its citizens. Bar Counsel shall have the right to cross-examine, call witnesses and present evidence in opposition to the petition. Board members may examine witnesses called by either party. Legal advice to the Board, if required, shall be rendered by the Office of the Attorney General.
      2. Factors to be Considered. In considering the matter prior to making a recommendation to this Court the Board may consider the following factors
         1. The severity of the Petitioner’s Misconduct, including, but not limited to, the nature and circumstances of the Misconduct;
         2. The Petitioner’s character, maturity and experience at the time of his or her Revocation;
         3. The time elapsed since the Petitioner’s Revocation;
         4. Restitution to the clients and/or the Bar;
         5. The Petitioner’s activities since Revocation, including, but not limited to, his or her conduct and attitude during that period of time;
         6. The Petitioner’s present reputation and standing in the community;
         7. The Petitioner’s familiarity with the Virginia Rules of Professional Conduct and his or her current proficiency in the law;
         8. The sufficiency of the punishment undergone by the Petitioner;
         9. The Petitioner’s sincerity, frankness and truthfulness in presenting and discussing factors relating to his Revocation and Reinstatement; and
         10. The impact upon public confidence in the administration of justice if the Petitioner’s License is restored.
      3. Character Witnesses. Up to five character witnesses supporting and up to five character witnesses opposing the petition shall be heard. In addition, the Board may consider any letters submitted regarding the Petitioner’s character and fitness.
      4. Character and Fitness Determination. The Board shall offer an opinion in its recommendation as to whether the Petitioner is a person of honest demeanor and good moral character and possesses the requisite fitness to practice law.
      5. Determination by the Board. The Board shall, within 60 days after the receipt of the transcript, forward the record and its recommendations to this Court. A copy of the recommendation shall be forwarded to the Petitioner and Bar Counsel.
         1. If the Board recommends Reinstatement, it may be conditioned upon Petitioner obtaining malpractice insurance coverage and/or a blanket fidelity bond or dishonesty insurance coverage in an amount(s) set by the Board from an approved professional insurance carrier for a definite term or on an ongoing basis.
         2. At the conclusion of the Reinstatement Proceeding, the Clerk shall determine the Costs associated with such Proceeding. The Clerk shall refund any remaining surplus or shall assess to the Petitioner any deficiencies that exist and submit a report on same to the Clerk of this Court as part of the Board's recommendation order.
         3. Upon approval of a petition by this Court, the Petitioner shall meet the following requirements prior to and as a condition of his or her Reinstatement:
            1. Pay to the Bar any Costs assessed in connection with the Reinstatement Proceeding;
            2. Take and pass the written portion of the Virginia State Bar examination;
            3. If required by the Board, obtain and maintain a professional liability insurance policy issued by a company authorized to write such insurance in Virginia at the cost of the Petitioner in an amount and for such term as set by the Board; and
            4. If required by the Board, obtain and maintain a blanket fidelity bond or dishonesty insurance policy issued by a company authorized to write such bonds or insurance in Virginia at the Petitioner’s cost in an amount and for such term as set by the Board.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-25 to clarify and simplify language.

The amendments effective March 1, 2016, updated language regarding reinstatement after revocation.

The amendments effective April 30, 2023, updated language regarding reinstatement after resignation.

13-26 Appeal from Board Determinations

1. Right of Appeal. As a matter of right any Respondent may appeal to this Court from an order of Admonition, Public Reprimand, Suspension, or Disbarment imposed by the Board, except for any sanction to which Respondent has agreed, using the procedures outlined in Rule 5:21(b) of the Rules of this Court. An appeal shall lie once the Memorandum Order described in this Paragraph has been served on the Respondent. No appeal shall lie from a Summary Order or Agreed Disposition. If a Respondent appeals to this Court, then the Bar may file assignments of cross-error pursuant to Rule 5:28 of the Rules of this Court.
2. Determination. This Court shall hear the case and make such determination in connection therewith as it shall deem right and proper.
3. Office of the Attorney General. In all appeals to this Court, the Office of the Attorney General, or the Bar Counsel, if so requested by the Attorney General, shall represent the interests of the Commonwealth and its citizens as appellees.

The amendments effective December 1, 2019, revised Paragraph 13-26 to clarify and simplify language.

The amendments effective January 31, 2014, revised Paragraph 13-26 regarding appeals from Disciplinary Board determinations.

13-27 Resignation

1. Application. A sworn and notarized application to resign from the practice of law shall be submitted to the Clerk. The application shall state that the resignation is not being offered to avoid disciplinary action and that the Attorney has no knowledge of any complaint, investigation, action, or proceeding in any jurisdiction involving allegations of Misconduct by the Attorney. An application to resign will not prevent or preclude any disciplinary proceeding or action against an Attorney.
2. Procedure. The Clerk shall submit applications for resignation to Bar Counsel, who shall investigate each application and determine whether, based upon the information available, the statements in the sworn application appear to be true and complete. If Bar Counsel files a written objection to the application with the Clerk, the Board shall hold a hearing on whether the application should be accepted. If Bar Counsel does not file an objection, the Board may enter an order accepting the Attorney’s resignation without a hearing. A resignation shall be effective only upon entry of an order accepting it. Upon entry of an order accepting an Attorney’s resignation, the former Attorney shall immediately cease the practice of law and make appropriate arrangements for the disposition of matters in the Attorney’s care in conformity with the wishes of the Attorney’s clients.
3. When Not Permitted. An Attorney may not resign while the Attorney is the subject of a disciplinary complaint, investigation, action, or proceeding involving allegations of Misconduct.

The amendments effective December 1, 2019, revised Paragraph 13-27 to clarify and simplify language.

13-28 Consent to Revocation

1. When Permitted. An Attorney who is the subject of a disciplinary complaint, Investigation or Proceeding may consent to Revocation, but only by delivering to the Clerk an affidavit declaring the Attorney’s consent to Revocation and stating that:
   1. The consent is freely and voluntarily rendered, that the Attorney is not being subjected to coercion or duress, and that the Attorney is fully aware of the implications of consenting to Revocation;
   2. The Attorney is aware that there is currently pending a disciplinary complaint, Investigation, or Proceeding, the nature of which shall be specifically set forth in the affidavit;
   3. The Attorney acknowledges that the material facts upon which the disciplinary complaint, Investigation, or Proceeding are predicated are true; and
   4. The Attorney submits the consent to Revocation because the Attorney knows that if disciplinary Proceedings based on the alleged conduct were brought or prosecuted to a conclusion, the Attorney could not successfully defend them.
2. Admissions. The admissions offered in the affidavit consenting to Revocation shall not be deemed an admission in any proceeding except one relating to the status of the Attorney as a member of the Bar.
3. Procedure. The Clerk shall submit the affidavit to Bar Counsel, who shall investigate the affidavit and determine whether, based upon the information available, the statements in the sworn application appear to be true and complete. If Bar Counsel files a written objection to the affidavit with the Clerk, the Board shall hold a hearing on whether the affidavit and consent to Revocation should be accepted. If Bar Counsel does not file an objection, the Board shall enter an order revoking the Attorney’s License by consent without a hearing.
4. Attorney Action Required upon Revocation. Upon entry of such an order of Revocation by consent, the revoked Attorney shall immediately cease the practice of law and shall comply with the notice requirements set forth in subparagraph 13-29.
5. Dismissal of Complaints or Allegations of Misconduct. When an Attorney’s License is revoked by consent, Bar Counsel, in his or her discretion, may dismiss without prejudice any and all Complaints or allegations of Misconduct then pending by notifying the Clerk and the District Committee, Board or court wherein the matter or matters lie.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective December 1, 2019, revised Paragraph 13-28 to clarify and simplify language.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13-29 Duties of Disbarred or Suspended Respondent

After a Suspension against a Respondent is imposed by either a Summary Order or Memorandum Order and no stay of the Suspension has been granted by this Court, or after a Revocation against a Respondent is imposed by either a Summary Order or Memorandum Order, Respondent shall forthwith give notice, by certified mail, of his or her Revocation or Suspension to all clients for whom he or she is currently handling matters and to all opposing Attorneys and the presiding Judges in pending litigation. The Respondent shall also make appropriate arrangements for the disposition of matters then in his or her care in conformity with the wishes of his or her clients. The Respondent shall give such notice immediately and in no event later than 14 days of the effective date of the Revocation or Suspension, and make such arrangements as are required herein as soon as is practicable and in no event later than 45 days of the effective date of the Revocation or Suspension. The Respondent shall also furnish proof to the Clerk within 60 days of the effective date of the Revocation or Suspension that such notices have been timely given and such arrangements have been made for the disposition of matters. The Board shall decide all issues concerning the adequacy of the notice and arrangements required herein. The burden of proof shall be on the Respondent to show compliance. If the Respondent fails to show compliance, the Board may impose a sanction of Revocation or additional Suspension for failure to comply with the requirements of this subparagraph 13-29.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

13-30 Confidentiality of Disciplinary Records and Proceedings

1. Confidential Matters. Except as otherwise provided in this subparagraph 13-30, or in subparagraph 13-11, all District Committee, Board, and three-judge Circuit Court hearings and all determinations imposing public discipline and orders of summary, interim, or administrative Suspension are public; and the following proceedings, records, and information are confidential and shall not be disclosed:
   1. Complaints, unless filed in a Disciplinary Proceeding set for hearing or introduced at a public hearing or incorporated in a Certification, petition for expedited hearing, or Charge of Misconduct, when the Charge of Misconduct is placed on the public District Committee hearing docket;
   2. Investigations, except that Investigative Reports admitted as exhibits at a public hearing are public;
   3. Impairment Proceedings, except that all orders imposing or terminating a Suspension are public;
   4. Notes, memoranda, research, and all other work product of Bar Counsel;
   5. Records, communications, and information protected by Rule of Professional Conduct 1.6;
   6. Subcommittee records and proceedings, except: i) determinations imposing public discipline; and ii) determinations imposing private discipline which have been disclosed to a District Committee, the Board or a three-judge Circuit Court empaneled under Va. Code §54.1-3935, pursuant to subparagraph 13-30.B, are public;
   7. Deliberations and working papers of District Committees, the Board or a three-judge Circuit Court; and
   8. Records or information sealed or proceedings closed for good cause shown by order of a District Committee, the Board, or three-judge Circuit Court.
2. Timing of Disclosure of Disciplinary Record in Review of Agreed Dispositions and Sanctions Proceedings. If an Attorney has a Disciplinary Record and is subsequently found by a Subcommittee, a District Committee, the Board or a three-judge Circuit Court empaneled under Va. Code § 54.1-3935 to have engaged in Misconduct, the facts and circumstances giving rise to such Disciplinary Record may be disclosed (i) to the Subcommittee, District Committee, Board or three-judge Circuit Court prior to the imposition of any sanction and (ii) by the Subcommittee, District Committee, Board or three-judge Circuit Court in its order. The facts and circumstances giving rise to such Disciplinary Record may also be disclosed to the Board during a hearing concerning whether an affidavit and consent to Revocation should be accepted. An Attorney’s Disciplinary Record, and the facts and circumstances giving rise to such Disciplinary Record, may also be disclosed to a Subcommittee, District Committee, the Board, or a three-judge Circuit Court as part of the review of an Agreed Disposition.
3. Timing of Public Access to Disciplinary Information.
   1. A Charge of Misconduct is public when the matter is placed on the public District Committee hearing docket; and
   2. A Certification or petition for expedited hearing is public when filed with the Clerk; and
   3. All notices, orders, pleadings, and other documents filed with the Clerk or Circuit Court in any Disciplinary Proceeding set for hearing are public upon such filing.
4. Public Statements Concerning Disciplinary Information. To the extent necessary to exercise their official duties, Bar Officials have access to all confidential information; however, except for Bar Counsel, no Bar Official shall communicate with a member of the media or the public concerning a matter that is confidential under this Paragraph. If an inquiry is made about a matter that, although confidential under this Paragraph, has become a matter of public record or has become known to the public, Bar Counsel may confirm whether the Bar is conducting an Investigation or if an Investigation resulted in a determination that further proceedings were not warranted.
5. Protection of the Public. Bar Counsel may transmit confidential information to persons or agencies outside of the disciplinary system if Bar Counsel has reason to believe disclosure is necessary to protect the public or the administration of justice.
6. Disclosure to Other Jurisdictions. Bar Counsel may share confidential information regarding an Investigation with his or her counterparts in other jurisdictions provided that such jurisdiction agrees to maintain the confidentiality of the information as provided in this Paragraph.
7. Disclosure of Criminal Activity. If Bar Counsel or a Chair of the Board or a Chair of a District Committee discovers evidence of criminal activity by an Attorney, Bar Counsel, the Chair of the Board or a Chair of a District Committee shall forward such evidence to the appropriate Commonwealth’s Attorney, United States Attorney or other law enforcement agency. The Attorney concerned shall be notified whenever this information is transmitted pursuant to this subparagraph 13-30 unless Bar Counsel decides that giving such notice will prejudice a disciplinary investigation.
8. Disclosure of Information to Government Entities. By order of this Court, confidential information may be disclosed to the Joint Legislative Audit and Review Commission or other governmental entities incident to their discharge of official duties, provided the entity is required or agrees to maintain the confidentiality of the information provided.
9. Waiver of Confidentiality. Confidential information, excluding notes, memoranda, research, and all other work product of Bar Counsel, may upon written request be disclosed when and to the extent confidentiality is waived by Bar Counsel, the Respondent, the Complainant, and, if protected by Rule of Professional Conduct 1.6, by Respondent’s client.
10. Testimony about Disciplinary Proceedings.
    1. In no case shall Bar Counsel, a member of COLD, a member of a District Committee, a member of the Board, or a Committee Counsel be subject to a subpoena or otherwise compelled to testify in any proceeding regarding any matter investigated or considered in such person’s official capacity, except that an Investigator may be compelled to testify in a Disciplinary Proceeding, subject to rulings of the three-judge Circuit Court or Chair.
    2. In no case shall the Clerk be subject to a subpoena or otherwise compelled to testify regarding any matter investigated or considered in the disciplinary system, or the records of any such matter, dealt with by the Clerk in his or her official capacity, except that the Clerk may be compelled to testify in a Disciplinary Proceeding or Impairment Proceeding in order to authenticate records of the Clerk.
11. Records of the Disciplinary System. In no case shall confidential records of the attorney disciplinary system be subject to subpoena.
12. Virginia Lawyer Referral Service. Bar Counsel shall notify the Virginia Lawyer Referral Service when a Complaint involving any Attorney member of the service is referred to a District Committee for Investigation or when any Attorney member of the service is disciplined. Bar Counsel shall also notify the Virginia Lawyer Referral Service when any Complaint involving an Attorney member of the service is dismissed following Investigation or when any Attorney member of the service complies with Terms imposed.
13. Disclosure of Information to Lawyer Assistance Program. If Bar Counsel believes that an Attorney may benefit from the services of a Lawyer Assistance Program, Bar Counsel may make an informal referral to a Lawyer Assistance Program and may share information deemed confidential under this Paragraph as part of that referral. Bar Counsel shall not share information that is protected from disclosure by other state or federal privacy laws. Bar Counsel may, but shall not be required to, notify the subject Attorney of the informal referral or transmission of confidential information to the Lawyer Assistance Program. Unless the subject Attorney has signed a release allowing the Lawyer Assistance Program to share information with Bar Counsel, the Lawyer Assistance Program shall not report information about the subject Attorney to Bar Counsel, and Bar Counsel shall not receive such information from the Lawyer Assistance Program.

The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.

The amendments effective March 15, 2020, revised Paragraph 13-30. B. to clarify and simplify language.

The amendments effective December 1, 2019, revised Paragraph 13-30 to clarify and simplify language.

The amendments effective January 1, 2019, addresses the provision of confidential information by Bar Counsel to a Lawyer Assistance Program.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

The amendments effective March 1, 2016, added language referencing subparagraph 13-11 to A. Confidential Matters.

13-31 Dismissal of Complaints and Allegations of Misconduct Upon Revocation Without Consent, or Upon Death

When an Attorney’s License is revoked without consent, or upon the death of an Attorney, Bar Counsel, in his or her discretion, may dismiss without prejudice any and all Complaints or allegations of Misconduct then pending against said Attorney by notifying the Clerk, the Complainant(s) and the District Committee, Board or court wherein the matter(s) lies.

The amendments effective December 1, 2019,revised Paragraph 13-31 to clarify and simplify language.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

13.1 Suspension for Failure to Complete Professionalism Course

Each person admitted to the Virginia State Bar on or after July 1, 1988, as an active member shall complete the course of study prescribed by the Executive Committee of the Virginia State Bar and approved by the Supreme Court of Virginia on the Rules of Professional Conduct and the lawyer’s broader professional obligations, and any active member who fails to complete the course shall be suspended unless an extension is obtained for good cause shown. Such course of study shall be funded by attendance fees paid by those attending the course.

Any active member licensed after June 30, 1988, and any other member who changes his or her membership to active status shall complete the required course within twenty-four months of becoming an active member. Failure to comply with this Rule shall subject the active member to the penalties set forth in Paragraph 19 herein.

“Good cause shown” as used herein shall include illness, hospitalization or such other cause as may be determined by the Executive Committee, whose determination shall be final. The Executive Director of the Virginia State Bar is authorized to grant extensions for compliance with this paragraph until the next Executive Committee meeting. Any determination by the Executive Committee or the Executive Director may be reviewed by the Supreme Court on request of the member seeking an extension.

The amendments effective April 28, 2021, extend the period for completion for the Professionalism Course from twelve to twenty-four months.

The amendments effective March 1, 2017, authorize the VSB executive director to grant, for good cause, an extension request from a member who fails to complete the Professionalism Course by the deadline.

13.2 Suspension for Failure to Complete Continuing Legal Education Requirement

Each active member of the Virginia State Bar shall complete the Continuing Legal Education requirement prescribed by Paragraph 17 of these Rules, and any active member who fails to complete the requirement shall be suspended unless a waiver is obtained for good cause shown. Any active member licensed on or after July 1, 1986, shall thereafter annually file prior to, but no later than, December 15, certifications that he or she has completed the mandatory continuing legal education programs required by Paragraph 17, or obtain a waiver for good cause shown; provided, however, the next certification deadline following July 31, 2001, shall be December 15, 2002.

Failure to comply with this Rule shall subject the active member to the penalties set forth in Paragraph 19 herein.

“Good cause shown” as used herein shall include illness, hospitalization, or such other cause as may be determined by the Continuing Legal Education Board whose determination shall be final. Any determination by the Continuing Legal Education Board may be reviewed by the Supreme Court upon request of the suspended member.

13.4 Insurance Coverage Requirement for Respondents Under Va. Code § 54.1-3935(D)

Pursuant to Va. Code § 54.1-3935(C), when an attorney who has been found guilty of engaging in criminal activity that violates the Rules of Professional Conduct and results in the loss of property of one or more of the attorney's clients and has been required by a three-judge court to maintain professional malpractice insurance during the time he or she is licensed to practice law in the Commonwealth of Virginia, that attorney shall carry such coverage in the minimum amount of $500,000 per claim and $1 million in the aggregate with a maximum $10,000 deductible, with a Virginia licensed insurer, eligible surplus line insurer or registered risk retention group.  The coverage provider must have an A.M. Best minimum rating of A-.

The attorney shall require the insurer to include language in the policy specifying that the VSB be given notice of cancellation or nonrenewal. The attorney shall certify such coverage and the notice requirement to the VSB on a yearly basis with a certificate of insurance provided to the VSB by an agent or broker licensed in Virginia. This certificate must be received initially within 10 days after inception or reinstatement of the policy.

The Supreme Court of Virginia has adopted Paragraph 13.4 to change Va. Code § 54.1-3935(D) to Va. Code § 54.1-3935(C) as of April 25, 2017. Effective July 1, 2017.

The Supreme Court of Virginia has adopted Paragraph 13.4 as of August 21, 2015. Effective immediately.

14. Professional Corporations, Professional Limited Liability Companies and Limited Liability Partnerships (Limited Liability Entities).

The rules and regulations in the following provisions of this Paragraph 14 shall constitute a Code of Ethics governing the professional conduct of the practice of law through professional law corporations, professional limited liability companies and registered limited liability partnerships in Virginia.

1. Scope.
   All applications, reports and other documents required to be filed with the Virginia State Bar by this Paragraph 14 shall be signed and verified by an officer, director, partner, or manager of the applicant who is a duly licensed, active member of the Virginia State Bar or who is otherwise legally authorized to practice law in Virginia and filed at the office of the Virginia State Bar.
2. Certificate of Registration.
   An applicant for registration as a limited liability entity shall file with the Virginia State Bar an application for a Certificate of Registration, on a form furnished by the Virginia State Bar, and pay a fee of $100. The term “limited liability entity,” as used in this Paragraph 14 shall include a professional law corporation, professional limited liability company, and a registered limited liability partnership.
   1. The Executive Director of the Virginia State Bar, or a person or persons designated by him, shall review such application for registration and, within 15 days after receipt of such application, approve the application and issue a Certificate of Registration provided the application conforms to the requirements of law and this Paragraph 14. If the application fails to include the information required in subparagraphs (c)(i) through (c)(v) of this Paragraph 14, the Executive Director shall refuse to approve the application and notify the applicant of the reasons therefore. A request by the Executive Director for further information to comply with the requirement of said subparagraph (c) of this Paragraph 14, or a request that the application be amended, may be deemed by the applicant to be a refusal to approve the application for purposes of initiating review under subparagraph (b)(iii) of this Paragraph 14.
   2. The effective date of the Certificate of Registration shall be the date on which the applicant has filed with the Virginia State Bar all material required for approval of the application; provided, however, that (1) a later effective date may be granted if requested by the applicant prior to the issuance of the Certificate of Registration, or (2) in the discretion of the Executive Director an earlier effective date may be granted if good cause appears therefore.
   3. An applicant may request a review of a refusal to approve its application within sixty days after the date of the notice of such refusal. Such request shall be heard by the Executive Committee of the Virginia State Bar. Upon completion of review, which may include examination of all information submitted by the applicant and a hearing, the Committee shall either (1) approve the application and order the issuance of a Certificate of Registration, or (2) request further information required by subparagraph (c) of this Paragraph 14 or amendments not theretofore supplied by the applicant, or (3) refuse to approve the application in any case where the applicant fails or refuses to supply the required information or has made a material misrepresentation of fact. The Committee shall report in writing its findings of fact and the reasons for its order, whether approving or refusing to approve the application. Notice of the order and a copy of the report shall be mailed to the applicant.
   4. Insofar as applicable, the rules of procedure of the Virginia State Bar shall apply to the procedure in (b)(iii) above. An aggrieved applicant may proceed in a court of competent jurisdiction by motion for declaratory judgment for review of matters relating to its application.
3. Application for Certificates.
   A Certificate of Registration as a limited liability entity shall be issued if the application shows:
   1. The applicant is organized and qualified under the provisions of Chapter 7 (Section 13.1-542 et seq.) of Title 13.1 of the Code of Virginia (the Virginia Professional Corporations Act), organized and qualified under the provisions of Chapter 13 (Section 13.1-1100 et seq.) of Title 13.1 of the Code of Virginia (the Virginia Professional Limited Liability Company Act), organized and qualified under the provisions of Article 9 (Section 50-73.132 et seq.) of Chapter 2.2 of Title 50 (the Virginia Registered Limited Liability Partnership Act), or organized and qualified under the laws of a jurisdiction other than the Commonwealth of Virginia to perform a professional service of the type defined in Section 13.1-543(A) of the Code of Virginia.
   2. All of the applicant’s shareholders, directors, officers, partners, members or managers and
   3. Each member, manager, partner, employee or agent of the applicant who will practice law in Virginia, the names and addresses of whom are set forth in full in the application, whether or not a director, officer, shareholder, partner, member or manager of the applicant, is an active member of the Virginia State Bar or otherwise legally authorized to practice law in Virginia. Nothing in this Paragraph 14(c)(iii) shall be deemed to prohibit a non-licensed individual from serving as secretary, treasurer, office manager or business manager of any limited liability entity, provided, however, that such individual shall not be held out to be qualified or otherwise authorized to practice law or give advice on a legal or related matter to the clients of the entity. Any employee or agent of the applicant who is duly licensed to practice law in Virginia and who is not held out to the public to be so authorized shall be deemed for the purposes of these Rules to be a non-licensed individual.
   4. A trade name may be used by a limited liability entity if it does not imply a connection with a government agency or with a public or charitable organization and is not otherwise in violation of Virginia Rules of Professional Conduct 7.1(a). The name of a lawyer holding a public office shall not be used in the name of the entity, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the entity.
   5. The applicant has advised or intends to advise the clients of any predecessor organization, and the clients of any shareholder, director, officer, member, partner, manager, employee or agent of the applicant who will practice law, of the transfer of such organization’s or lawyer’s practice to a limited liability entity.
4. Ownership.
   An interest in or shares of a professional law corporation or professional limited liability company may be owned only in accordance with the provisions of Chapter 7 or Chapter 13 of Title 13.1. Ownership of shares of a professional law corporation or professional limited liability company for the purpose of construing this subparagraph (d) shall mean both legal and beneficial ownership. All the trustees of any voting trust which may be entered into by any shareholder shall be duly licensed or otherwise legally authorized to practice law in Virginia, and no proxy to vote any of such shares shall be valid unless granted to and voted by an individual or individuals duly licensed or otherwise legally authorized to practice law in Virginia.
5. Control Over and Rendition of Legal Services; Letterhead.
   No person not a member of the Virginia State Bar and duly licensed to practice law in Virginia shall have the right to direct or control the professional judgment of any employee of a limited liability entity or the conduct of employees of the entity with respect to the practice of law in Virginia. Any limited liability entity practicing law in a foreign jurisdiction and which enumerates its employees on its letterhead and in other permissible listings shall do so in a manner which will make clear the jurisdictional limitations on those employees and agents of the entity not licensed to practice in all listed jurisdictions.
6. Correspondence, Pleadings and Documents.
   Correspondence, pleadings and other documents, the execution of which constitutes the practice of law in Virginia, shall be executed on behalf of a limited liability entity by an employee who is an active member of the Virginia State Bar and duly licensed to practice law in Virginia. Corporate documents, the execution of which does not constitute the practice of law, may be executed on behalf of a limited liability entity by any authorized employee, whether or not licensed to practice law.
7. Division of Fees.
   It shall be lawful, ethical and proper for a lawyer employed by a limited liability entity, as part of the terms of his employment, to agree to turn over to the entity by which he is employed all fees, compensation or reimbursement which he may be entitled to receive for his professional services, regardless of where such professional services are rendered. No limited liability entity with a Certificate of Registration in effect shall be deemed a lay agency, nor shall any employee of such entity be deemed to be practicing law through an intermediary during any period for which such entity maintains a Certificate of Registration in effect.
8. Professional Responsibility.
   Nothing in this Paragraph 14 shall be deemed to diminish or change the obligation of any lawyer employed by a limited liability entity to conduct the practice of law in accordance with any specific standards promulgated by the Supreme Court of Virginia. Any lawyer who by act or omission causes the entity by which he is employed to act or fail to act in a manner which violates any applicable standard of professional conduct, including any of the provisions of this Paragraph 14, shall be personally responsible for such act or omission and subject to discipline therefore.
9. Attorney-Client Privilege.
   Nothing in this Paragraph 14 shall be deemed to modify, abrogate or reduce the attorney-client privilege or any comparable privilege or relationship, whether derived by statute or from common law.
10. Discipline.
    A Certificate of Registration shall continue in effect until it is suspended or revoked as provided herein. Such certificate may be suspended or revoked if a limited liability entity fails at any time to comply fully with the provisions of this Paragraph 14, the Rules of Professional Conduct, the Code of Professional Responsibility, the applicable Virginia Professional Corporation Act, the Virginia Professional Limited Liability Company Act, or the Virginia Registered Limited Liability Partnership Act, after notice and an opportunity to be heard as provided in 14(j)(ii) below; provided that, if the violation be such as can be corrected upon notice to the entity of its violation, or if the violation be that of one or several persons only, suspension or revocation of the certificate need not be invoked if the interest of justice and the protection of the public can be fairly served by appropriate disciplinary proceedings against the individual(s) involved.
    1. Upon receipt of a resolution of the board of directors or the written statement of the manager(s) or partner(s) of a limited liability entity requesting the cancellation of the Certificate of Registration of that entity, such certificate shall be cancelled by the Executive Director of the Virginia State Bar, or by a person or persons designated by him. The cancellation of a Certificate of Registration at the request of a limited liability entity shall be effective as of the date such request is received at the office of the Virginia State Bar, except that a later effective date shall be granted upon request of the entity or, in the discretion of the Executive Director of the Virginia State Bar, an earlier effective date may be granted if good cause appears therefore.
    2. Where a limited liability entity has violated or is about to violate any pertinent statute, rule or any provision of this Paragraph 14, the Executive Director of the Virginia State Bar, or a person or persons designated by him, may issue a notice directing Bar Counsel to investigate the alleged violation. Bar Counsel may issue such summons and subpoenas, and/or compel the production of such documents as he/she may reasonably deem necessary or material for the effective conduct of an investigation. Every Circuit Court shall have power to enforce any summons or subpoena issued by Bar Counsel and to adjudge disobedience
    If the report of Bar Counsel concludes either that the allegation is without merit or that specific corrective action has been or will be taken, the Executive Director shall dismiss the matter forthwith. If Bar Counsel concludes that the allegation has merit warranting court action, Bar Counsel shall file with the Circuit Court having jurisdiction in the premises a verified complaint. The court shall issue a rule against the limited liability entity concerned and conduct further proceedings in the matter in accordance with Section 54.1-3937 of the Code of Virginia, as amended, which is incorporated herein by reference. In addition to or in lieu of a Circuit Court complaint against the entity, Bar Counsel may refer the matter to the appropriate District Committee pursuant to Part 6, Section IV, Para. 13, B.(5)(a) et seq. of these Rules. After the court has held its hearing pursuant to its rule, it shall enter an order reprimanding the entity or revoking or suspending its Certificate of Registration if it finds that the circumstances of the violation warrant such action; otherwise the court shall dismiss the matter.
11. Certificate Renewal.
    On the date two years after the effective date of its initial Certificate of Registration and biennially thereafter, each limited liability entity shall pay a fee of $50 whereupon its Certificate of Registration shall be automatically renewed.
12. Annual Report; Corporate or Partnership Changes.
    Each limited liability entity shall file with the Virginia State Bar a copy of any document or report required to be filed with the State Corporation Commission. Each professional limited corporation, upon renewal every two years, must file on a special form provided by the Virginia State Bar, information regarding any changes in its shareholders, directors, officers, members, managers, partners, employees or agents duly licensed to practice law.
13. Effective Dates.
    This Paragraph 14 shall become effective on July 1, 2006 and shall apply in like manner to professional corporations theretofore or thereafter organized under the provisions of Chapter 7 (Section 13.1-542 et seq.) of Title 13.1 of the Code of Virginia to practice law, and to professional limited liability companies theretofore or thereafter organized under the provisions of Chapter 13 (Section 13.1-1100 et. seq.) of Title 13.1 of the Code of Virginia to practice law, and to registered limited liability partnerships theretofore or thereafter organized under the provisions of Article 9 (Section 50-73.132 et seq.) of Chapter 2.2 of Title 50 of the Code of Virginia to practice law, except where inconsistent with the provisions of such laws.

15. Third Year Student Rule

1. Activities.
   1. An eligible law student may, in the presence of a supervising lawyer, appear in any court or before any administrative tribunal in this Commonwealth in any civil, criminal or administrative matter on behalf of any person if the person on whose behalf he is appearing has indicated in writing his consent to that appearance. The eligible law student must obtain written approval from the court or administrative tribunal prior to any appearance before the court or administrative tribunal.
   2. An eligible law student may also, in the presence of a supervising lawyer, appear in any criminal matter on behalf of the Commonwealth with the written approval of the prosecuting attorney or his authorized representative, provided the student obtains the written authorization from the court or administrative tribunal prescribed in paragraph (a)(i) of this Rule.
   3. The written consent and approval of the person or entity on whose behalf the student appears shall be filed in the record of the case and shall be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal.
2. Requirements and Limitations.
   In order to qualify pursuant to this Rule, the law student must:
   1. 1. Be duly enrolled and in good standing in a law school that is approved by the American Bar Association, but if such school is located in another state that permits law student practice, only if such other state permits a student of a law school in this State to engage in such practice; or
      2. Be duly enrolled in a program of study in the office of an attorney as authorized in subdivision 2.of §54.1-3926, Code of Virginia, and in accordance with the Rules of the Virginia Board of Bar Examiners.
   2. 1. Have completed satisfactorily legal studies amounting to at least four semesters, or the equivalent if the school is on a basis other than a semester basis; or
      2. Be certified by the Virginia Board of Bar Examiners as being in the final year of a program of study in the office of an attorney as authorized in subdivision 2. of §54.1-3926, Code of Virginia, and in accordance with the Rules of the Virginia Board of Bar Examiners.
   3. Be certified by the dean of his law school, or by the attorney under whom he is studying in the case of a law reader, as being of good character and competent ability, and as having completed satisfactorily a course or program of study in each of the following: criminal law, professional ethics, evidence and procedure.
   4. Be introduced to the court or agency in which he is appearing by an attorney admitted to practice in that court or agency.
   5. Neither ask for nor receive any compensation or remuneration of any kind for his services from the person on whose behalf he renders services but this shall not prevent a lawyer or law firm, legal aid bureau, public defender agency, or the Commonwealth from paying compensation to the eligible law student, nor shall it prevent charges by a lawyer or law firm for such services as may otherwise be proper.
3. Certification.
   The certification of a student by Virginia Board of Bar Examiners, the law school dean or the attorney under whom the student is studying in compliance with Paragraph 15 (b)(ii) and (iii) above:
   1. Shall be filed with the Executive Director of the Virginia State Bar and, unless it is sooner withdrawn, shall remain in effect until the earlier of (1) the expiration of twenty-four months after it is filed, or (2) until the announcement of the results of the first examination given by the Virginia Board of Bar Examiners for which the student sat following the student’s graduation or completion of the program of study. Thereafter, the certification shall lapse and be of no further force and effect.
   2. May be withdrawn by the Board, dean or attorney under whom the student is studying at any time by mailing a notice to that effect to the Executive Director of the Virginia State Bar. It is not necessary that the notice state the cause for withdrawal.
4. Supervision.
   The supervising attorney under whose supervision an eligible law student performs any of the activities permitted by this Rule (Paragraph) 15 shall:
   1. Be an active member of the Virginia State Bar who practices before, and whose service as a supervising lawyer for this program is approved by, each court or administrative body in which the eligible law student engages in limited practice.
   2. Assume personal professional responsibility for the student’s guidance in any work undertaken and for supervising the quality of the student’s work.
   3. Assist the student in his preparation to the extent the supervising lawyer considers it necessary.
   4. The approval of the court designated in (a)(i) or (d)(i) may be withdrawn at any time without stating the cause for withdrawal.
5. Miscellaneous.
   Nothing contained in this Rule (Paragraph) shall affect the right of any person who is not admitted to practice law to do anything that he might lawfully do before the adoption of this Rule (Paragraph).
For the purposes of this Rule, “law student” shall include a law school graduate or law reader who has completed his program of study and (i) who has not sat for examination by the Virginia Board of Bar Examiners (“examination”) or (ii) whose examination results have not been reported.

The amendments effective September 18, 2020, (1) extend the certification of a student by the Virginia Board of Bar Examiners from eighteen months to twenty-four months; (2) simplify redundant language; (3) include an addition of a clarification on the definition of a law student.

16. Clients' Protection Fund

The Council may establish a Clients’ Protection Fund for the purposes of reimbursing all or part of losses sustained by a client or other person or entity to whom a fiduciary duty is owed as a result of dishonest conduct of a member of the Virginia State Bar. The Board shall be appointed by Council, and shall receive, hold, manage, invest and distribute funds appropriated to it by Council or otherwise received, in accordance with procedures established by Council.

Effective July 1, 2021, each active member of the Virginia State Bar shall be assessed a required fee of $5 for the Clients’ Protection Fund on the bar’s annual dues statement. The fee shall be in addition to each member’s annual dues as prescribed in Part 6, Section IV, Paragraph 11 of these rules, and it shall be paid on or before the 31st day of July each fiscal year.

All monies collected under this Paragraph 16 shall be accounted for and paid into the State Treasury of Virginia and transferred by the bar from the Treasury to the Clients’ Protection Fund. The bar shall report annually on or about January 15 to the Supreme Court of Virginia on the financial condition of the Clients’ Protection Fund, and the assessment will be discontinued whenever directed by the Court.

Failure to comply with the requirements of this Paragraph 16 shall subject the active member to penalties set forth in Part 6, Section IV, Paragraph 19 of these rules.

The amendment effective April 28, 2021, reduced the assessed fee on the bar’s annual dues statement from $10 to $5.

The amendment effective July 1, 2018, reduced the assessed fee on the bar’s annual dues statement from $25 to $10.

17. Mandatory Continuing Legal Education Rules

The Virginia Supreme Court hereby establishes a Mandatory Continuing Legal Education Program in the Commonwealth of Virginia.

1. Purpose:
   Continuing professional education of lawyers serves to improve the administration of justice and benefit the public interest. Regular participation in Continuing Legal Education programs will enhance the professional skills of practicing lawyers, afford them periodic opportunities for professional self-evaluation and improve the quality of legal services rendered to the public. All active members of the Virginia State Bar shall participate in an additional amount of further legal study throughout the period of their active practice of law, and failure to do so shall result in their suspension from membership in the Virginia State Bar.
2. Continuing Legal Education Board:
   A Continuing Legal Education Board shall be established for the purpose of administering the program.
   1. Appointment:
      The Chief Justice of the Supreme Court shall appoint, after consultation with the Council, the members of the board who shall be members of the Bar and twelve in number. One member shall be designated by the Chief Justice as Chair and another as Vice chairman. Members shall serve terms of three years each, except that, initially, four members shall be appointed for terms of one year, four for terms of two years, and four for terms of three years. No member shall serve more than two consecutive terms but shall be eligible for reappointment after the lapse of one or more years following expiration of the previous term. The Executive Director of the Virginia State Bar shall be an ex officio member of the board.
   2. Notice of Meetings/Quorum:
      The board shall meet on reasonable notice by the Chair, Vice chair or the Executive Director. Five members shall constitute a quorum and the action of a majority of a quorum shall constitute action of the board; however, new regulations or amendments shall be approved by a majority of the full membership of the board.
   3. Powers:
      The board shall have those general administrative and supervisory powers necessary to effectuate the purposes of this Rule, including the power to adopt, following the advice and comment of Council, reasonable and necessary regulations consistent with this Rule. The effective date of any regulations or amendments to the regulations adopted by the board shall be as prescribed by the board, but in no event earlier than one hundred twenty (120) days following such adoption. The Council may reject any regulations or amendments to the regulations adopted by the board on or after July 1, 2010, by a 2/3 vote of those members of Council present and voting. Council’s rejection of any regulations or amendments to the regulations shall have the effect of suspending the regulation or amendment until the Supreme Court has reviewed and approved, rejected, or modified the proposed regulation or amendment. The Virginia State Bar shall have the responsibility for funding the board and for enforcing Mandatory Continuing Legal Education requirements. The board may delegate to the Virginia State Bar staff as it deems appropriate to carry out its responsibilities under this Rule.
      The board shall specifically have the following powers and duties:
      1. To approve CLE programs and sponsors;
      2. To establish procedures for the approval of Continuing Legal Education courses, whether those courses are offered within the Commonwealth or elsewhere. These procedures should include the method by which CLE sponsors could make application to the board for approval, and if necessary, make amendments to their application;
      3. To authorize sponsors of Continuing Legal Education programs to advertise that participation in their program fulfills the CLE requirements of this Rule;
      4. To formulate and distribute to all members of the Virginia State Bar appropriate information regarding the requirements of this Rule, including the distribution of a certification form to be filed annually by each active member.
3. Continuing Legal Education Requirements:
   1. All active members of the Virginia State Bar shall annually complete and certify attendance at a minimum of twelve (12) credit hours of approved Continuing Legal Education courses of which at least two (2) hours shall be in the area of legal ethics or professionalism, which may include elimination of bias, except those lawyers expressly exempted from the requirement by this Rule or by decision of the Continuing Legal Education Board; provided, however, that for the period July 1, 2001 through October 31, 2002, active members shall complete and certify attendance at a minimum of fifteen (15) credit hours of approved Continuing Legal Education courses of which at least two (2) hours shall be in the area of legal ethics or professionalism, except those lawyers expressly exempted from the requirement by this rule or by decision of the Continuing Legal Education Board. Each active member shall complete the required Continuing Legal Education courses each year during the period November 1 through October 31 of the following year; provided, however, the next completion period following June 30, 2001, shall be July 1, 2001 through October 31, 2002.
   2. In order to provide flexibility in fulfilling the annual requirement, a one year carryover of credit hours is permitted, so that accrued credit hours in excess of one year's requirement may be carried forward from one year to meet the requirement for the next year. A member may carry forward a maximum of twelve (12) credit hours, two (2) of which, if earned in legal ethics or professionalism, may be counted toward the two (2) hours required by (C)(1).
   3. Each active member of the Virginia State Bar shall be responsible for ascertaining whether or not a particular course satisfies the requirements of this Rule. Each member should exercise discretion in choosing those approved programs which are most likely to enhance professional skills and improve delivery of legal services.
   4. Beginning November 1, 2019, each active member of the Virginia State Bar shall certify whether they have attended, within the past three (3) years, at least one (1) credit hour of lawyer well-being education related to the practice of law. Failure to comply with this rule shall not subject the member to the penalties of Paragraph 13.2 of these rules.
4. Certificate of Attendance:
   1. Each active member of the Virginia State Bar shall certify prior to December 15 each year that such lawyer attended approved Mandatory Continuing Legal Education programs for the minimum number of hours required during the previous calendar year ending October 31; provided, however, the next certification deadline following July 31, 2001, shall be December 15, 2002. The failure to certify shall cause suspension of such lawyer's license to practice law. An untruthful certification shall subject the lawyer to appropriate disciplinary action.
5. Exemptions:
   Each active member of the Virginia State Bar shall comply with this Rule except as follows:
   1. A newly admitted member shall be exempted from filing a certification for the completion period in which he or she is first admitted.
   2. A member who has obtained a waiver for good cause shown, as may be determined by the board, shall be exempted from filing a certification for the completion period for which the waiver is granted.
6. Activation or Reactivation:
   A member of any category who wishes to become an active member of the Virginia State Bar shall furnish to the Secretary an affidavit stating that he or she has completed twelve (12) hours of Continuing Legal Education, including two (2) hours in legal ethics or professionalism within the previous twelve months. Thereafter, that member shall have the same completion period and certification deadline as other active members.
7. Credits:
   1. Credit will be given only for Continuing Legal Education courses or activities approved by the board.
   2. Hours in excess of the minimum requirements defined in this Rule may not be carried forward for credit beyond the one year provided for in the Rule.
   3. Credit will not be given for Continuing Legal Education hours accumulated prior to admission to the Virginia State Bar.
   4. Credit shall be given to active members of the Virginia State Bar who prepare course materials and who personally participate as instructors. The credit, as determined by the board, will reflect the time reasonably required for preparation of materials, as well as the actual time spent instructing.
8. Standards:
   In evaluating specific programs for approval, consideration shall be given to the following factors:
   1. Whether the course tends to increase the participant’s professional competence as a lawyer.
   2. The number of hours of actual presentation, lecture, or participation, so that the appropriate number of credit hours can be identified and published.
   3. The usage of written educational materials which reflect a thorough preparation by the provider of the course, and which assist course participants in improving their legal competence.
   4. To qualify for mandatory legal education credit, a course is not required to have a component on legal ethics or professionalism, although such components are encouraged. When topics on legal ethics or professionalism are offered, either as an entire course or component thereof, they must be clearly identified as such.

The amendments effective October 11, 2021, revised Paragraph 17(C) to allow elimination of bias education to count toward legal ethics or professionalism requirements for Continuing Legal Education.

18. Financial Responsibility

In order to make available to the public information about the financial responsibility of each active member of the Virginia State Bar for professional liability claims, each such member shall, upon admission to the bar, and with each application for renewal thereof, submit the certification required herein or obtain a waiver for good cause shown. The active member shall certify to the bar on or before July 31 of each year: a) whether or not such member is currently covered by professional liability insurance, other than an extended reporting endorsement; b) whether or not such member is engaged in the private practice of law involving representation of clients drawn from the public, and, if so, whether the member intends to maintain professional liability insurance coverage during the period of time the member remains engaged in the private practice of law; and c) the date, amount, and court where rendered, of any unsatisfied final judgment(s) against such member, or any firm or professional corporation in which he or she has practiced, for acts, errors, or omissions (including, but not limited to, acts of dishonesty, fraud, or intentional wrongdoing) arising out of the performance of legal services by such member.

The foregoing shall be certified by each active member of the Virginia State Bar in such form as may be prescribed by the Virginia State Bar and shall be made available to the public by such means as may be designated by the Virginia State Bar.

Each active member who certifies to the bar that such member is covered by professional liability insurance shall notify the bar in writing within thirty (30) days if the insurance policy providing coverage lapses, is no longer in effect or terminates for any reason, unless the policy is replaced with another policy and no lapse in coverage occurs.

Failure to comply with this Rule shall subject the active member to the penalties set forth in Paragraph 19 herein. An untruthful certification or unjustified failure to notify the bar of a lapse or termination of coverage shall subject the member to appropriate disciplinary action.

“Good cause shown” as used herein shall include illness, absence from the Commonwealth of Virginia, or such cause as may be determined by the Executive Committee of the Virginia State Bar whose determination shall be final. Any determination by the Executive Committee may be reviewed by the Supreme Court upon request of the member seeking a waiver.

19. Procedure for the Administrative Suspension of a Member

Whenever it appears that a member of the Virginia State Bar has failed to comply with any of the Rules of Court relating to such person's membership in the bar, the Secretary-Treasurer shall mail a notice to the member advising of the member's noncompliance and demanding (1) compliance within sixty (60) days of the date of such notice and (2) payment of a delinquency fee of $25, for each Rule violated, provided, however, that the delinquency fee for an attorney who does not comply with the timely completion requirements of Paragraphs 13.2 and 17 (C) of these rules shall be $100, and the delinquency fee for an attorney who does not comply with the certification requirements of Paragraphs 13.2 and 17 (D) of these rules shall be $100, and shall increase by $100 on February 1 for noncompliance with the certification requirements. The notice shall be mailed to the member at his or her address of record with the Virginia State Bar.

In the event the member fails to comply with the directive of the Secretary-Treasurer within the time allowed, the Secretary-Treasurer will then mail a notice to the member by certified mail to advise (1) that the attorney's membership in the bar has been administratively suspended and (2) that the attorney may no longer practice law in the Commonwealth of Virginia or in any way hold himself or herself out as a member of the Virginia State Bar. Thereafter the attorney's membership in the Virginia State Bar may be reinstated only upon showing to the Secretary-Treasurer (1) that the attorney has complied with all the Court's rules relating to his or her membership in the bar and (2) upon payment of a reinstatement fee of $75 for each Rule violated, provided, however, that the reinstatement fee for an attorney who was suspended for noncompliance with Paragraphs 13.2 and 17 of these rules shall be $250, and shall increase by $50 for each subsequent such suspension, not to exceed a maximum of $500.

Whenever the Secretary-Treasurer notifies a member that his or her membership in the bar has been administratively suspended, the Secretary-Treasurer shall also (1) advise the Chief Judges of the circuit and district in which the attorney has his or her office, as well as the clerks of those courts and the Clerk of the Supreme Court, of such suspension and (2) publish notice of the suspension in the next issue of the Virginia Lawyer Register.

An administrative suspension shall not relieve the delinquent member of his or her annual responsibility to attend continuing legal education programs or to pay his or her dues to the Virginia State Bar.

The amendments effective April 28, 2021, reduce the delinquency fees associated with some Rules violations governed by Part 6, Section IV, of the Rules of the Supreme Court of Virginia from $150 to $75.

20. Maintenance of Trust Accounts Notice of Election Requirements

Every trust account maintained by an active member of the VSB under Rules of Professional Conduct 1.15 must also be maintained at a “financial institution approved by the Virginia State Bar” and maintained in accordance with this paragraph and Rule 1.15. A “financial institution approved by the Virginia State Bar” includes regulated state or federal chartered banks, savings institutions, and credit unions that are properly licensed and authorized to do business, have federal insurance on deposits, and have entered into and agreed to abide by a Virginia State Bar Approved Financial Institution Agreement. The Virginia State Bar will maintain and publish from time to time a list of approved financial institutions.

1. Interest-bearing Trust Accounts. Every lawyer engaged in the private practice of law in Virginia must maintain funds of clients in one or more interest-bearing accounts in one or more financial institutions, whenever the lawyer has established and follows record-keeping, accounting, clerical, and administrative procedures to compute and credit or pay periodically, but at least quarterly, pro rata to each client the interest on such client’s funds less fees, costs, or expenses charged by the lawyer for the record-keeping, accounting, clerical, and administrative procedures associated with computing and crediting or paying such amounts.
2. IOLTA Accounts. A lawyer must deposit funds of a client in an identifiable interest-bearing trust (IOLTA) account for which the lawyer has not established procedures to compute and credit or pay pro rata net earnings to such client whenever:
   1. At the time of such deposit the lawyer reasonably expects that the fees, costs, or expenses which the lawyer would be entitled to charge under Paragraph 20(A) would equal or exceed the pro rata interest on such client’s funds (The determination of whether the funds of a client or third person can earn income in excess of fees, costs or expenses the lawyer would be entitled to charge under paragraph 20(A) rests in the sound judgment of the lawyer or law firm, and no lawyer will be charged with an ethical impropriety or breach of professional conduct based on the good faith exercise of such judgment); and
   2. The financial institution has agreed to:
      1. Periodically, but at least quarterly, remit to the Legal Services Corporation of Virginia (LSCV) interest or dividends on the average monthly balance of each such account or as otherwise computed in accordance with such bank’s standard accounting practice, provided that such rate of interest must not be less than the rate paid by such bank to regular, non-attorney depositors;
      2. Transmit with each remittance to LSCV a statement identifying the name of the lawyer or law firm from whose account the remittance is sent, the rate of interest applied, the period for which the remittance is made, the total amount of interest earned, the service charges or other fees assessed against the account, if any, and the net amount of interest remitted;
      3. Transmit to the depositing lawyer or law firm at the same time a report showing the amount paid to LSCV from such interest-bearing account, the rate of interest applied, the fees assessed, if any, and the average account balance for the period for which the report is made;
      4. Charge no fees against an IOLTA trust account that are greater than the fees charged to non-attorney depositors, except that an IOLTA remittance fee may be charged to defray the depository institution’s administrative costs attributable to calculating and remitting the interest to LSCV; other allowable fees are per check charges, per deposit charges, a fee in lieu of a minimum balance and sweep fees.  Allowable, reasonable fees may be deducted from interest or dividends earned on an IOLTA account, provided that such charges or fees must be calculated in accordance with the Financial Institutions' standard practice for non-IOLTA customers.  Fees or charges in excess of the interest or dividends earned on the IOLTA account, for any month or quarter, must not be taken from the interest or dividends of any other IOLTA account.  Fees for wire transfers, insufficient funds, bad checks, stop payment, account reconciliation, negative collected balances, and check printing are not considered customary account maintenance charges and are not deductible from the interest or dividends earned on the IOLTA account.  All other fees including those non-customary fees just listed are the responsibility of the lawyer or law firm, who in turn may absorb these specific costs or pass along those fees to the client(s) being served by the transaction in accordance with attorney/client agreements.  Financial Institutions may elect to waive any or all fees on IOLTA accounts in recognition of their charitable nature;
      5. Collect no fees from the principal deposited in the IOLTA trust account;
      6. Pay all or part of the funds deposited in such interest-bearing trust account upon demand or order. An IOLTA account may be an interest-bearing check account, a money market account with or tied to check-writing, a sweep account which is a government money market fund or daily overnight financial institution repurchase agreement invested solely in or fully collateralized by United States government securities, or an open-end money market fund solely invested in or fully collateralized by the United States government securities; and
      7. Agree and abide by all provisions in the Virginia State Bar Approved Financial Institution Agreement.
   3. Interest accruing on such accounts and paid by the financial institution to LSCV must be used for funding 1) civil legal services to the poor in Virginia, 2) LSCV’s administrative expenses, and 3) the creation and augmentation of a reserve fund for the same purposes.
3. Reporting to Client. A lawyer who deposits funds of a client in an account pursuant to Paragraph 20(B) is not required to seek permission from such client in making the election. As to funds deposited in accordance with Paragraph 20(B), a lawyer is not required to compute or report to such client any payment to LSCV of interest or dividends by the banking institution on funds in any such account wherein the client’s funds have been deposited by the lawyer.
4. Law Firm Trust Accounts. A law firm of which any participating lawyer is a member may maintain the account(s) on behalf of any or all lawyers in the firm.
5. Establishment of IOLTA Account. A lawyer who opens an IOLTA account must obtain a “Request to Establish IOLTA Account” form from LSCV.
6. Exemptions. A lawyer is exempt from this rule if the lawyer: 1) is not engaged in the private practice of law; or 2) the lawyer’s practice does not require the maintenance of a trust account in a financial institution within the Commonwealth of Virginia.
7. Certification. On a yearly basis beginning after July 1, 2023, each active member of the Virginia State Bar (VSB) must provide an IOLTA report to the VSB in such form and at such time as developed by LSCV and the VSB (IOLTA Certification Form), that the attorney is in compliance with, or pursuant to Paragraph F, exempt from the provisions of this Rule. The VSB will establish a process to review compliance. If the IOLTA Certification Form is timely submitted, indicating compliance, there will be no required acknowledgement by the VSB or LSCV. Should an IOLTA Certification Form not be submitted by a lawyer or if submitted, fail to evidence compliance, the VSB and LSCV will establish the process to resolve the non-compliance administratively. Should those efforts fail, the non-compliant attorney will be referred to the VSB for failure to comply with this Rule, which may subject the active member to the penalties set forth in Paragraph 19 herein.

21. Computerized Legal Research Service Rule

The Supreme Court of Virginia hereby authorizes and directs the Virginia State Bar to contract to provide online computerized legal research services to its members.

1. Purpose — It is the policy and objective of the Commonwealth of Virginia to improve the quality and reduce the costs of legal services available to the citizens of Virginia. It is also the policy of this Commonwealth to enhance the availability of legal services to poor litigants and indigent criminal defendants. The provision of online computerized legal research tools to all Virginia lawyers will further these policies by increasing and improving the available knowledge and information base for attorneys, enhancing the quality of legal research and advice, making legal research more efficient for many attorneys, reducing the costs of legal services to the poor, and providing additional resources to lawyers who are appointed by courts to represent indigent criminal defendants. The provision of online computerized legal research services to all lawyers in Virginia will reduce the time spent and costs incurred in performing legal research, which will decrease the costs of legal services to consumers in Virginia and thereby increase access to attorneys. In addition, the provision of online computerized legal research will enable more lawyers to provide pro bono services since this research tool will lower their costs and reduce the amount of research time required.
2. Procedure — For these reasons, the Virginia State Bar, through its governing body, is authorized to contract to provide online computerized legal research services to its members. In connection therewith, the Virginia State Bar is authorized and directed to solicit proposals from providers of online computerized legal research services, enter into contracts for those services, and expend funds for the purchase of online computerized legal research services for its members. The Virginia State Bar shall supervise and periodically review the provision of online computerized legal research services to its members to ensure the continued quality of those services and that the policies and objectives of the Commonwealth are being met. The Virginia State Bar also shall submit to the Supreme Court of Virginia an annual report that describes and analyzes the status of the Bar’s contracts for online computerized legal research services, the online computerized legal research services that are being provided, and the utilization of those services.

22. Voluntary Pro Bono Publico Legal Services Reporting

Rule 6.1 of the Virginia Rules of Professional Conduct establishes an aspirational goal that every lawyer should render at least two percent per year of the lawyer's professional time to pro bono publico legal services. Providing an opportunity for lawyers to voluntarily report their pro bono service on an annual basis will: (1) heighten awareness of this ethical responsibility among the bar membership by serving as an annual reminder; (2) provide a mechanism for the bar to report and measure its collective performance vis-a-vis the aspirational goal set by Rule 6.1; (3) provide data for the judiciary to support its efforts to promote and recognize pro bono contributions on a local, regional and statewide basis; (4) provide crucial benchmark data to the Virginia Access to Justice Commission to support its work promoting equal access to justice for Virginia residents; and (5) enable the bar to educate the public regarding the amount of pro bono publico work provided by its membership to the community, thereby improving the image and standing of the profession and its membership.

Accordingly, the Supreme Court of Virginia requests that each active and associate member of the Virginia State Bar voluntarily supply to the Virginia State Bar certain information regarding their pro bono publico contributions as part of their annual dues renewal. Moreover, the Supreme Court of Virginia grants the Virginia State Bar the authority to collect this information in an efficient manner consistent with the above five enumerated purposes, on a form, which shall be approved by the Supreme Court of Virginia, and which specifically provides an attorney the option not to report.

Amended by the Supreme Court of Virginia March 13, 2020. Effective May 15, 2020.

Approved by the Supreme Court of Virginia February 27, 2018. Effective December 1, 2018.

23. Attorney Wellness Fund

Effective July 1, 2019, the Supreme Court of Virginia hereby authorizes and directs the Virginia State Bar to collect on its behalf up to $30 each year from its active members as an Attorney Wellness Fund fee. The specific amount of the fee will be directed by the Court. 

The Attorney Wellness Fund fee is to be used to fund a judges and lawyers assistance program (JLAP), CLE courses, and other initiatives relating to wellness, behavioral health, and substance abuse. The well-being of lawyers, judges and law students in the Commonwealth of Virginia is integral to professional competence.

Each active member of the Virginia State Bar is required to pay to the Virginia State Bar the Attorney Wellness Fund fee set forth on the dues statement. The fee shall be in addition to each member’s annual dues as prescribed in Part 6, Section IV, Paragraph 11 of these rules, and it shall be paid on or before the 31st day of July each fiscal year.

All monies collected under this Paragraph 23 shall be accounted for and paid into the State Treasury of Virginia, and transferred by the VSB to the Supreme Court of Virginia.

Failure to comply with this Rule shall subject the active member to the penalties set forth in Paragraph 19 herein.

Approved by the Supreme Court of Virginia May 31, 2019. Effective July 1, 2019.