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Actions on Rule Changes and Legal Ethics Opinions

• Proposed | UPL Opinion 219: Non-Lawyer Entity Representation in Practice Before State Agency. Comments Due March 1, 2023
• Proposed | amendments to Paragraph 13-25(C) regarding Readmission After Resignation Comments due by December 27, 2022.
• Proposed | amendments to Paragraph 13 regarding clarification of the term “shall.” Comments due December 1, 2022.
• Proposed | LEO 1893, Representing Child and “Next Friend” as Plaintiffs in Personal Injury Case. Comments due Jan. 3, 2023
• Proposed | amendments to Paragraph 3 regarding Judicial class members. Pending approval by the Supreme Court of Virginia.
• Proposed | Legal Ethics Opinion 1899, Use of Conversion Clause in Flat Fee Agreements. Pending approval by the Supreme Court of Virginia.
• Adopted | amendments to Clients’ Protection Fund Rules. Approved by VSB Council.
• Adopted | Legal Ethics Opinion 1898, Cryptocurrency. Approved by the Supreme Court of Virginia September 19, 2022. Effective immediately.
• Adopted | Paragraph 20. Maintenance of Trust Accounts; Notice of Election Requirements. Amended by the Supreme Court of Virginia March 16, 2022. Effective July 1, 2022.
• Adopted | Legal Ethics Opinion 1897, replying all to an email when the opposing party is copied. Approved by the Supreme Court of Virginia September 19, 2022. Effective immediately.
• Adopted | amendments to Clients’ Protection Fund Rules. Approved by Council February 26, 2022.
• Withdrawn | Legal Ethics Opinions related to advancing costs and expenses. Effective November 18, 2021.
• Adopted | Legal Ethics Opinion 1894, Conflict of Interest: Representing Multiple Infant Claimants by “Next Friend.” Approved by the Supreme Court of Virginia April 20, 2022. Effective immediately.
• Adopted | amendments to Rules 1.8, 1.10, and 1.15 of the Rules of Professional Conduct. Adopted by the Supreme Court of Virginia December 22, 2021. Effective February 20, 2022.
• Withdrawn | Legal Ethics Opinion 1895, Prosecutor’s Communication with Represented Victim in Criminal Case.
• Adopted | Legal Ethics Opinion 1896, Out-of-State Lawyers Working Remotely in Virginia. Adopted by the Supreme Court of Virginia January 11, 2022. Effective immediately.
• Adopted | amendments to Rule 1.2 of the Rules of Professional Conduct. Adopted by the Supreme Court of Virginia January 11, 2022. Effective March 12, 2022.
• Adopted | amendment to Paragraph 13-6.H regarding the Disciplinary Board’s review of Agreed Dispositions. Adopted by the Supreme Court of Virginia January 11, 2022. Effective March 12, 2022.
• Adopted | Amendments to Clients’ Protection Fund Rules. Approved by VSB Council 10/29/21
• Adopted | UPL Opinion 218: regarding power of attorney and the uniform power of attorney act. Approved by the Supreme Court of Virginia September 13, 2021. Effective immediately.
• Adopted | Supreme Court of Virginia Approves LEO 1890 After VSB Revision and Amends Rule 4.2, Comment [7] January 6, 2021. Effective immediately.
• Adopted | amendments to the VSB and Council Bylaws governing election of the president-elect. Approved by the Supreme Court of Virginia May 5, 2021. Effective July 5, 2021.
• Adopted | amendments to Paragraph 13 regarding completion period for professionalism course. Approved by the Supreme Court of Virginia April 28, 2021. Effective immediately.
• Adopted | amendments to reduce the delinquency fee for Rules violations. Approved by the Supreme Court of Virginia April 28, 2021. Effective immediately.
• Adopted | Reducing Clients’ Protection Fund Assessment, Removing Sunset Provision. Assessment reduction approved by the Supreme Court of Virginia April 28, 2021. Effective immediately. The sunset provision is pending approval.
• Proposed | paragraphs 24 & 25 regarding Real Estate Settlement Agents Regulations and Legal Aid Societies.
• Adopted | amendments to Paragraph 13 regarding bar proceedings. Approved by the Supreme Court of Virginia May 17, 2021, effective July 16, 2021.
• Adopted | Bylaws amendment regarding audit cycle. Approved by Council October 23, 2020. Effective immediately.
• Adopted | Supreme Court of Virginia Amends Third Year Student Practice Rule September 18, 2020. Effective immediately.
• Adopted | amendments to Paragraph 17 MCLE Rule regarding elimination of bias topic. Approved by the Supreme Court of Virginia August 11, 2021. Effective October 11, 2021.
• Adopted | amendments to Paragraph 13-6.D, Quorum Requirement for Disciplinary Board. Approved by the Supreme Court of Virginia December 23, 2020, effective February 22, 2021.
• Adopted | Compliance deadlines for 2020 extended due to COVID-19 Pandemic Effective April 14, 2020.
• Adopted | amendments to Virginia Rule of the Supreme Court, Rule 1A:8, Military Spouse Provisional Admission. Adopted by the Supreme Court of Virginia December 28, 2021. Effective February 26, 2022.
• Adopted | amendments to Paragraph 22 Voluntary Pro Bono Publico Legal Services Reporting Effective May 15, 2020.
• Adopted | amendments to Paragraph 13. Effective March 15, 2020.
• Adopted | revisions to Paragraphs 3 and 13-23.K. regarding membership statuses. Approved by the Supreme Court of Virginia May 1, 2020. Effective June 30, 2020.
• Adopted | revisions to LEO 1850 regarding the outsourcing of legal services. Approved by the Supreme Court of Virginia January 12, 2021, effective immediately.
• Adopted | LEO 1878 regarding a successor lawyer’s duties in a contingent fee matter. Approved by the Supreme Court of Virginia May 17, 2021. Effective immediately.
• Rejected | amendments to Rule 1.8 regarding conflict of interest: prohibited transactions.
• Adopted | amendments to Rule 1A:5, Virginia Corporate Counsel & Corporate Counsel Registrants. Effective January 1, 2020.
• Adopted | Changes to the Clients’ Protection Fund Rules.
• Adopted | amendments to Rule 1.15, Safekeeping Property. Effective March 15, 2020.
• Adopted | new Part 6, Section IV, Paragraph 23, Attorney Wellness Fund. Approved by the Supreme Court of Virginia May 31, 2019. Effective July 1, 2019.
• Adopted | amendments to Paragraph 17 regarding MCLE Rule. Approved by the Supreme Court of Virginia April 26, 2019. Effective July 1, 2019.
• Adopted | amendment to Rule 5.5, Unauthorized Practice Of Law; Multijurisdictional Practice of Law. Approved by the Supreme Court of Virginia December 23, 2020, effective immediately.
• Adopted | amendment to Rule 1.18, Duties to Prospective Client, in Comment 6. Approved by the Supreme Court of Virginia December 23, 2020, effective immediately.
• Adopted | amendment to Rule 1.17, Sale of Law Practice, in Comment 12. Approved by the Supreme Court of Virginia December 23, 2020, effective immediately.
• Adopted | amendments to Mandatory Continuing Legal Education Regulations. Effective September 6, 2019
• Adopted | amendment to bylaws changing access to legal services committee from special to standing. Approved by Council June 13, 2019. Effective immediately.
• Adopted | revisions to LEO 1750 on lawyer advertising and solicitation. Approved by the Supreme Court of Virginia October 2, 2019, effective immediately.
• Adopted | revisions to LEO 1872 on virtual law office and use of executive office suites. Approved by the Supreme Court of Virginia October 2, 2019, effective immediately.
• Adopted | LEO 1891 on communication with represented government officials. Effective January 9, 2020.
• Vacated | LEO 1890 on communications with represented persons. Effective April 7, 2020.
• Adopted | amendments to Paragraph 13. Approved by the Supreme Court of Virginia, effective December 1, 2019.
• Rejected | comment to Rule 3.8, Additional Responsibilities of a Prosecutor.
• Adopted | revisions to Rule 4.4, Respect for Rights of Third Persons. Approved by the Supreme Court of Virginia, effective December 1, 2019.
• Adopted | Supreme Court of Virginia Amends Rules 1A:1. Effective December 1, 2018.
• Withdrawn | twelve Legal Advertising Opinions issued by the former Standing Committee on Lawyer Advertising and Solicitation
• Adopted | revisions to the Virginia Lawyer Referral Service rules of service. Effective July 1, 2020.
• Adopted | LEO 1889: Regarding Court-Appointed Lawyers and Parental Rights. Approved by the Supreme Court of Virginia November 8, 2018. Effective immediately.
• Adopted | revisions to Part 6, §I of the Rules of the Supreme Court of VA on the unauthorized practice of law. Approved by the Supreme Court of Virginia April 26, 2019. Effective July 1, 2019.
• Rejected | revisions to Rule 1.10, imputed disqualification: general rule.
• Adopted | revisions to Rule 1.8 regarding conflict of interest: prohibited transactions. Approval by the Supreme Court of Virginia December 12, 2018. Effective February 15, 2019.
• Adopted | amendments to MCLE Opinion 19 regarding lawyer well-being. Effective September 24, 2018.
• Withdrawn | four Legal Ethics Opinions withdrawn by Standing Committee on Legal Ethics on April 3, 2018
• Adopted | LEO 1750 regarding advertising issues. Approved by the Supreme Court of Virginia on April 20, 2018. Effective immediately.
• Adopted | amendments to Paragraph 13 that conform to Chapter 27.2 of title 55 of the Code of Virginia. Approved by the Supreme Court of Virginia. Effective June 15, 2018
• Adopted | revisions to Paragraph 3 and 13-23 regarding change of membership for impaired attorneys. Approved by the Supreme Court of Virginia on October 31, 2018. Effective January 1, 2019.
• Adopted | revisions to Paragraph 13-1 and 13-30 regarding a Lawyer Assistance Program. Approved by the Supreme Court of Virginia on October 31, 2018. Effective January 1, 2019.
• Adopted | new Paragraph 22 voluntary pro bono publico legal services reporting. Approved by the Supreme Court of Virginia February 27, 2018. Effective December 1, 2018.
• Adopted | revisions to Paragraph 13-1 and 13-9 concerning assessment of Guardian Ad Litem’s fees and costs. Approved by the Supreme Court of Virginia on October 31, 2018. Effective January 1, 2019.
• Adopted | revisions to Rule 1.1, Competence. Approved by the Supreme Court of Virginia on October 31, 2018. Effective immediately.
• Withdrawn | LEO 1888: prosecutor’s duty to disclose evidence that tends to negate the guilt of the accused. Standing Committee on Legal Ethics voted not to send to Council.
• Adopted | LEO 1885: Ethical Considerations for a Lawyer’s Participation in Online Attorney-Client Matching. Approved by the Supreme Court of Virginia November 8, 2018. Effective immediately.
• Adopted | amendments to Paragraph 13 to definitions of burden of proof and Disciplinary Record. Approved by the Supreme Court of Virginia. Effective June 15, 2018.
• Adopted | three-year extension of the Clients’ Protection Fund sunset provision. Effective July 1, 2018.
• Adopted | Supreme Court of Virginia amends Part Six, § IV, ¶ 16 RE: Clients’ Protection Fund Approved by the Supreme Court of Virginia September 28, 2017. Effective July 1, 2018.
• Adopted | LEO 1887: Duties when a lawyer over whom no one has supervisory authority is impaired. Approved by the Supreme Court of Virginia on August 30, 2017. Effective immediately.
• Withdrawn | LEO 776: Threatening prosecution in a civil matter.
• Adopted | changes to paragraph 3 modifying status of Emeritus Members allowed to provide pro bono services. Approved by the Supreme Court of Virginia. Effective March 1, 2018.
• Adopted | amendments to Rules 7.1-7.5 governing lawyer advertising. Approved by the Supreme Court of Virginia. Effective July 1, 2017.
• Adopted | amendments to Clients’ Protection Fund Rules. Approved by VSB Council February 25, 2017. Effective immediately.
• Adopted | LEO 1886: Duty of partners & supervisory lawyers in law firm when another lawyer suffers impairment. Approved by the Supreme Court of Virginia on December 15, 2016. Effective immediately.
• Adopted | Paragraph 13-24 regarding disbarment, revocation, or suspension in another jurisdiction. Approved by the Supreme Court of Virginia. Effective March 1, 2017.
• Adopted | amendments to Paragraph 13.1 regarding suspension for failure to complete professionalism course. Approved by the Supreme Court of Virginia. Effective March 1, 2017.
• Adopted | LEOs 1329, 1438, 1584, 1606, 1742, 1792, 1856 and 1869 Approved by the Supreme Court of Virginia on November 2, 2016. Effective immediately.
• Adopted | LEO 1884 Conflicts arising from a lawyer-legislator’s employment with a consulting firm. Approved by the Supreme Court of Virginia on September 30, 2016. Effective immediately.
• Adopted | amendments to Rules 1.6 (Confidentiality) and 3.3 (Candor). Approved by the Supreme Court of Virginia September 30, 2016. Effective December 1, 2016.
• Withdrawn | the Virginia State Bar’s Standing Committee on Legal Ethics withdrew thirteen Legal Ethics Opinions.
• Adopted | State Code Regarding Procedure for Revocation of License Revised. Effective July 1, 2017.
• Adopted | Supreme Court of Virginia amends rule regarding unauthorized practice of law. Approved by the Supreme Court of Virginia March 1, 2016. Effective May 1, 2016.
• Adopted | amendments to Paragraph 13-11 (Limited Right to Discovery), 13-25 (Reinstatement), and 13-30 (Confidentiality). Approved by the Supreme Court of Virginia December 17, 2015. Effective March 1, 2016.
• Adopted | amendments to Rules 1.1 (Competence) and 1.6 (Confidentiality). Amended and approved by the Supreme Court of Virginia December 17, 2015. Effective March 1, 2016.
• Adopted | amendments to Rule 5.5 Comment [1a] and Rule 8.3(e). Approved by the Supreme Court of Virginia November 17, 2015. Effective February 1, 2016.
• Adopted | amendments to Paragraph 10 Section IV of the Rules for Integration of the Virginia State Bar. Approved by the Supreme Court of Virginia October 30, 2015. Effective immediately.
• Adopted | new rule: provision of legal services following determination of major disaster. Approved by the Supreme Court of Virginia October 30, 2015. Effective January 1, 2016.
• Adopted | new Paragraph 13.4 regarding malpractice insurance requirements in Va. Code Section 54.1-3935(D). Approved by the Supreme Court of Virginia August 21, 2015. Effective immediately.
• Adopted | amendments to Paragraph 13-4E regarding service on district committees by certain ex-officio members of Council. Approved by the Supreme Court of Virginia August 21, 2015. Effective immediately.
• Withdrawn | amendment to Bylaws regarding Better Annual Meeting Committee.
• Adopted | Supreme Court of Virginia Amends Military Spouse Provisional Admission Rule. Approved by the Supreme Court of Virginia February 27, 2015. Effective immediately.
• Adopted | new Rule 5.8. Approved by the Supreme Court of Virginia February 27, 2015. Effective May 1, 2015.
• Adopted | amendment to Rule 1A:1 Reciprocity: Admission on Motion. Approved by the Supreme Court of Virginia October 31, 2014. Effective immediately.
• Adopted | amendment to bylaws regarding Council election procedures. Approved by VSB Council 10/24/14. Effective immediately.
• Adopted | amendments to the Clients’ Protection Fund Rules regarding claim limits on payments from the fund. Approved by VSB Council 10/24/14.
• Withdrawn | amendments to Rules 1.1 (Competence) and 1.6 (Confidentiality).
• Withdrawn | Paragraph 13-4 C regarding district committee member’s address of record.
• Withdrawn | amendments to Rules 1.1 (Competence) and 1.6 (Confidentiality).
• Adopted | amendment to Rule 1.10 regarding conflict of interest. Approved by the Supreme Court of Virginia 07/31/2015. Effective immediately.
• Adopted | addition to VSB and Council Bylaws. Approved by VSB Council 6/12/14. Effective immediately.
• Adopted | changes to Paragraph 17 Mandatory Continuing Legal Education Rule. Approved by the Supreme Court of Virginia May 1, 2014. Effective immediately.
• Withdrawn | changes to Paragraph 3 add e-mail and phone number to address of record.
• Vacated | amendments to UPR 1-101 concerning representation before general district courts. Proposal withdrawn April 8, 2014.
• Adopted | amendments to Rule 5.5 regarding temporary practice by foreign lawyers. Approved by the Supreme Court of Virginia December 13, 2013. Effective immediately.
• Adopted | amendments to Paragraph 13-13 regarding Participation and Disqualification of Counsel. Approved by the Supreme Court of Virginia January 31, 2014. Effective immediately.
• Adopted | amendment to Paragraph 13 regarding the definition of “Bar Counsel”. Approved by the Supreme Court of Virginia January 31, 2014. Effective immediately.
• Adopted | amendments to Paragraph 13-26 regarding appeals from Disciplinary Board determinations. Approved by the Supreme Court of Virginia January 31, 2014. Effective immediately.
• Adopted | amendments to Rule 1.11, Rule 1.15, and Rule 5.4 of the Rules of Professional Conduct. Approved by the Supreme Court of Virginia November 1, 2013. Effective immediately.
• Rejected | amendment to VSB Bylaws regarding composition of Executive Committee.
• Adopted | amendments to Rules 7.1-7.5 of regarding lawyer advertising. Approved by the Supreme Court of Virginia April 15, 2013. Effective July 1, 2013.
• Adopted | revisions to Clients’ Protection Fund Rules of Procedure. Approved by VSB Council February 23, 2013. Effective immediately.
• Adopted | correction to Paragraph 13-16 DD. Approved by Supreme Court of Virginia December 14, 2012. Effective immediately.
• Vacated | amendments to Rules 7.1-7.5 regarding lawyer advertising. By order of the Supreme Court of Virginia November 29, 2012.
• Adopted | bylaws revisions to election procedures for president-elect and council. Adopted by Council October 19, 2012. Effective immediately.
• Adopted | amendment to Bylaws to give Diversity Conference chair a seat on the Executive Committee. Approved by VSB Council June 13, 2013. Effective immediately.
• Adopted | amendment to Paragraph 13 regarding VSB Disciplinary Board. Approved by the Supreme Court of Virginia April 13, 2012. Effective immediately.
• Adopted | amendments to Rule 1.15 of Rules of Professional Conduct and Paragraph 20 of Part 6, § IV. Approved by Supreme Court of Virginia June 21, 2011. Effective immediately.
• Adopted | new Rule 1.18 defining a prospective client. Approved by the Supreme Court of Virginia June 21, 2011. Effective immediately.
• Adopted | amendments to Virginia Supreme Court Rule 1A:5 regarding corporate counsel. Adopted by Supreme Court of Virginia June 10, 2011. Effective immediately.
• Adopted | amendments to bylaws for VSB standing committees. Adopted by Council June 16, 2011. Effective immediately.
• Adopted | amendments to Virginia Supreme Court Rule 1A:5 regarding corporate counsel pro bono work. Approved by Supreme Court of Virginia April 15, 2011. Effective immediately.
• Adopted | amendments to Paragraph 11, regarding VSB annual dues. Approved by the Supreme Court of Virginia March 9, 2011. Effective immediately.
• Adopted | amendments to Paragraph 13 regarding multijurisdictional practice. Approved by the Supreme Court of Virginia February 17, 2011. Effective immediately.
• Adopted | amendments to Paragraph 17 regarding MCLE Rule. Approved by the Supreme Court of Virginia January 7, 2011. Effective immediately.
• Adopted | Rule 4.2 amendment addressing defendant waiving rights. Approved by the Supreme Court of Virginia November 1, 2010. Effective immediately.
• Adopted | amendments to Parts 5 and 5A, Rules of the Supreme Court of Virginia regarding appellate procedures. Approved by the Supreme Court of Virginia April 30, 2010. Effective July 1, 2010.
• Adopted | amendment to Paragraph 13-22, Board Proceedings Upon a Guilty Plea or an Adjudication of a Crime. Approved by the Supreme Court of Virginia March 19, 2010. Effective immediately.
• Adopted | amendment to Paragraph 13-10, Processing of Complaints by Bar Counsel. Approved by the Supreme Court of Virginia March 19, 2010. Effective immediately.
• Adopted | amendments to Paragraph 13, dealing with the use of the phrase “Charge of Misconduct.” Approved by the Supreme Court of Virginia March 19, 2010. Effective immediately.
• Adopted | amendments to Paragraph 10 governing legal ethics and unauthorized practice of law. Approved by the Supreme Court of Virginia March 19, 2010. Effective immediately.
• Adopted | amendments to the MCLE Regulations include a limitation on pre-recorded CLE programs. Effective November 1, 2011.
• Rejected | Rule 7.4(d) certification as a specialist
• Rejected | Paragraph 17 mailing the annual certification form
• Rejected | Rule 8.4 allowing undisclosed recording under certain circumstances