No. The VSB does an initial review of all bar complaints received and will ask a lawyer to respond to a bar complaint only if the complainant has stated facts that, if true, would constitute a violation of the Rules of Professional Conduct. The bar has not made a judgment as to whether there is any misconduct at this stage. Any determination of misconduct follows a more detailed investigation and rests in the hands of the volunteers who serve on the local disciplinary district committees.

The VSB sends lawyers a copy of the bar complaint as received. Because the VSB performs no substantive investigation before sending the complaint to the attorney for response, it would not be appropriate at this stage for the VSB to attempt to qualify the bar complaint’s allegations.

You should respond to the bar complaint. Failing to respond may violate Rule 8.1 of the Rules of Professional Conduct, which requires lawyers to cooperate with disciplinary investigations and proceedings. The VSB takes the position that sending a bar complaint to a lawyer for response constitutes a lawful demand for information in a disciplinary proceeding.

With an informal investigation conducted by the intake counsel, the lawyer will receive a demand letter requiring a response by a specific date. Usually, this date is 10-14 days from the date of the bar’s notification letter to the lawyer. If the complaint becomes a formal investigation, the lawyer has 21 days to respond to the bar. If there is a hardship in responding within that time frame, you may call the bar counsel who sent you the complaint and ask for a short extension of time to respond. Counsel routinely grants reasonable requests for extensions.

The VSB may send your response to the bar complaint to the complainant for rebuttal. Should the VSB file disciplinary charges arising from the bar complaint, your response may be admitted into evidence at a public disciplinary hearing.

You may submit a letter explaining your version of events. You may also provide copies of documents that support your position. DO NOT send original documents to the Virginia State Bar. All documents will be destroyed in keeping with the bar’s records and destruction policies.

Under Rule 1.6 of the Rules of Professional Conduct, you must honor client confidentiality. You may, however, provide confidential information as necessary to defend yourself against the allegations made in the bar complaint. If the complainant is not your client, you should seek the client’s consent before providing confidential information, as your response to the bar complaint may be sent to the complainant for response. If you cannot reach your client and the information is essential to defending yourself, you may submit only what is reasonably necessary to respond to the bar complaint, and you may ask bar counsel not to share the confidential information with the complainant or other parties outside of the disciplinary system.

Yes. You must sign your response to the bar complaint.

Yes, you may hire counsel to respond to the bar complaint. You must, however, sign your response to the bar complaint.

No. Once a bar complaint is pending, it would be a conflict of interest for the VSB ethics counsel to provide advice regarding the bar complaint. Ethics counsel may, however, continue to advise you on ethical issues unrelated to the issues presented in the bar complaint.

Once bar counsel has reviewed your response to the bar complaint and the complainant’s rebuttal, if any, you will be notified in writing whether the complaint will be dismissed or referred to a district committee for further investigation. The VSB's goal is to complete all preliminary investigations within 75 days. Sometimes the process may take longer, such as when the lawyer or the complainant has received an extension of time to file a response.

No. A disciplinary record, as defined by the Rules of Court, consists only of sanctions imposed.

Typically, an investigator employed by the VSB will be assigned to the case to interview witnesses and collect documents. You may be interviewed as part of this process. The investigation is confidential. The investigator will prepare a report of investigation that will be considered by a three-member subcommittee of the district committee. Subcommittee meetings are confidential. The subcommittee will vote whether to dismiss the complaint or file charges of misconduct. If ethical violations are charged, a public hearing will be set before the district committee or the Disciplinary Board. Subcommittees may also impose minor discipline or approve agreed dispositions for private or public discipline. Complainant’s and respondent’s lawyers are advised in writing of all subcommittee decisions.

Yes. A suspended attorney who endorses and/or files a motion to withdraw or a motion for substitution of counsel does not engage in the unauthorized practice of law. Such conduct is consistent with the suspended lawyer’s obligation to make appropriate arrangements for the disposition of matters in the lawyer’s care in conformity with the clients’ wishes. See, Part Six, Section IV, Paragraph 13-29 of the Rules of the Supreme Court of Virginia.

Yes. A suspended attorney who makes a court appearance on a motion to withdraw or a motion for substitution of counsel does not engage in the unauthorized practice of law. Such conduct is consistent with the suspended lawyer’s obligation to make appropriate arrangements for the disposition of matters in the lawyer’s care in conformity with the clients’ wishes. See, Part Six, Section IV, Paragraph 13-29 of the Rules of the Supreme Court of Virginia.

No. Doing so would violate Rule 5.5(a) of the Rules of Professional Conduct.

No. Rule 5.5(a) forbids the firm from employing the suspended lawyer “in any capacity.”

Yes. As long as the new firm does not represent any client previously represented by the suspended lawyer or by any other lawyer with whom the suspended lawyer practiced on or after the date of the acts which resulted in the suspension. See Rule 5.5(b) of the Rules of Professional Conduct.

Yes, if the paycheck is for legal work performed prior to the suspension or if the paycheck is for work performed during the suspension in a non-legal capacity.

A suspended lawyer may receive revenues only for work performed by him or other members of his firm during a period which predated the effective date of the lawyer’s suspension. See Rule 5.4.

It is considered the unauthorized practice of law for a suspended lawyer to hold himself out as authorized to practice law. It is also “false and misleading” for a suspended lawyer to continue advertising and using letterhead, notices, and signage which state or imply that he is available to perform legal services. A lawyer should therefore take all practical steps to alter the content, or to discontinue use, of any medium of communication which advertises the suspended lawyer’s availability.  Firm names which are “trade names” containing the last name of a suspended lawyer, along with one or more other lawyers’ last names, need not be changed during the period of the lawyer’s suspension. However, a firm must amend its letterhead and all website and other advertising to either delete the name of the suspended lawyer or otherwise indicate his ineligibility to practice.

No. It would be unethical for a suspended lawyer to manage a law firm’s trust account. See Rule 1.15 of the Rules of Professional Conduct.

Yes. The Rules of Professional Conduct do not prohibit a suspended lawyer from managing a firm’s business account.

No. The negotiation of a lien can involve the application of law to fact, and requires that the lawyer consult with and advise the client of the legal consequences which attend the client’s decision to authorize, or refuse to authorize, a proposed settlement of a third party’s claim against the client.

Yes.

No. Such conduct by a suspended lawyer would constitute the unauthorized practice of law.

No. A lawyer who is counsel of record in a case has continuing duties to the client of competence, diligence, and communication. A lawyer identified in a case file as counsel of record holds himself out as authorized to practice law and to receive notices and pleadings from the court and others. A suspended lawyer is not the proper recipient of pleadings filed in a case, or of other communications by or on behalf of the court and/or other litigants in pending litigation. A suspended lawyer may not respond as a client’s lawyer to other parties’ actions and filings in a pending case, and may not give legal advice to the client during the period of suspension. Accordingly, a suspended attorney must withdraw from every case in which he is counsel of record since counsel of record must at all times during the pendency of a case be authorized to practice law. Following reinstatement, the formerly suspended lawyer may resume representation by substituting himself as counsel of record for the pro se client or for a licensed attorney who served as counsel of record for the client on an interim basis.

No. Rule 7.3(b) prohibits a lawyer from giving anything of value to a person for referring a case. A referral fee is permitted if the requirements of Rule 1.5(e) are satisfied, but the sharing of fees as permitted by that Rule is not possible when one of the lawyers is suspended.

Yes. Such conduct does not constitute the unauthorized practice of law.

Yes. Such conduct does not constitute the unauthorized practice of law.

It depends upon whether the suspension is with or without terms and whether the duration of the suspension exceeds one year. All suspended lawyers must comply with MCLE requirements. Lawyers who are suspended for more than one year must pass the Multistate Professional Responsibility Examination before reinstatement. A lawyer may not return to good standing unless he or she has paid full dues for all years in which the lawyer was active or eligible to return to active practice. For more information about reinstatement following a misconduct suspension, see Part Six, Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia. The Virginia State Bar Regulatory Compliance Department answers questions about MCLE compliance and dues payment. The number is (804) 775-0530.

Yes. A suspended lawyer must notify all clients in writing of the suspension, pursuant to Part Six, Section IV, Paragraph 13-29 of the Rules of the Supreme Court of Virginia. No misrepresentations may be made regarding the lawyer’s suspension.

Yes, as long as the discussion does not involve the suspended lawyer providing legal advice.

Yes.

Yes, as long as no misrepresentations are made regarding the suspension and/or the suspended lawyer’s authorization to practice law.

Yes, as long as the discussion does not involve the suspended lawyer providing legal advice.

No.

If a suspended lawyer remains eligible to practice law in another jurisdiction, a disclaimer such as “NOT PRESENTLY AUTHORIZED TO PRACTICE LAW IN VIRGINIA” will be sufficient. If Virginia is the only jurisdiction of the licensure, then “NOT PRESENTLY AUTHORIZED TO PRACTICE LAW” is acceptable.

Only if the parties are notified in advance and consent.

Yes.

No. A suspended lawyer may not give any legal advice or perform legal services on behalf of a client. A client who entrusts a lawyer with a legal matter should have unfettered access to that lawyer for advice and legal services, even when circumstances suggest that legal services need not be performed until a date following the suspended lawyer’s reinstatement. A client may have questions concerning his legal matter while the lawyer remains suspended, or circumstances may change, making it essential that the client’s legal matter be addressed before the suspended lawyer is reinstated. A client who wishes to engage a suspended lawyer to handle a legal matter should retain his own funds pending the lawyer’s reinstatement because the client’s resources may have to be used to engage a different lawyer should legal advice or action be necessary while the suspended lawyer remains ineligible to practice.

The suspended lawyer must check with election officials to see if an active law license is required for such functions. Even if eligible to serve in such a capacity, if the lawyer was nominated or chosen for such a position because of the lawyer’s law license, he or she must correct the misapprehension that he or she is authorized to practice law.

The answer depends upon what questions must be answered in the employment application. Even if the application, itself, does not expressly call for a recitation of the lawyer’s disciplinary history, it would be deceitful and thus ethical misconduct were the suspended lawyer to conceal the fact of the suspension if the application is submitted during the period of suspension and is based on an advertisement or job posting which seeks applications from attorneys admitted to practice in Virginia.

Probably, but it depends upon that jurisdiction’s rules. In Virginia, a lawyer must report discipline by another jurisdiction under Rule 8.3(e) of the Rules of Professional Conduct. Most states have a self-reporting requirement.

Yes.

Yes, as long as no misrepresentations are made about the suspension or the suspended lawyer’s authorization to practice law.

Yes.

Yes, as long as the will does not require or assume that the administrator or executor is a licensed attorney. If the decedent designated the suspended lawyer because of his or her law license, then the suspended lawyer must resign upon suspension.

Yes, as long as the will does not require or assume that the administrator or executor is a licensed attorney. If the decedent designated the suspended lawyer because of his or her law license, then the suspended lawyer must resign upon suspension.

A suspended lawyer may continue to serve on boards and committees, but may not provide legal advice. If not, must I resign and explain that my license was suspended by the bar? If the position requires the suspended lawyer to give legal advice, the suspended lawyer must notify the board or committee in writing and must not provide further legal advice while suspended.

Yes, but a suspended lawyer may not misrepresent the suspension or his or her authority to practice law during the suspension.

Yes, if the negotiations do not involve the interpretation of law or the provision of legal advice.

A lawyer should make a diligent effort to have Google remove “law office” references to the claimed location. If the effort fails, the Bar will not seek to impose additional discipline. In some instances, such as with a paper phone book, it is simply either impossible or impractical to delete or modify references to a suspended attorney.