April 22, 2021
Highlights of the April 21 VSB Council Meeting
At its April 21, 2021, virtual meeting the Virginia State Bar Council heard the following significant reports and took the following actions:Reauthorize Clients’ Protection Fund Assessment beyond July 1, 2023
The Council approved, with 62 yea and 0 nay votes, a proposal to petition the Virginia General Assembly to reauthorize the Clients’ Protection Fund assessment beyond July 1, 2023, and to remove the associated “sunset” provision. The proposed changes will be presented to the Supreme Court of Virginia for approval before the Bar petitions the General Assembly.
Amendment to Paragraph 17 (C) to include an option of Elimination of Bias MCLE within Ethics and Professionalism
The Council approved, with 63 yea and 2 nay votes, proposed revisions to Paragraph 17 (C) to add elimination of bias as an approved CLE topic, eligible for specialized ethics/professionalism credit. The proposed changes will be presented to the Supreme Court of Virginia for approval.
Amendments to Rules of Professional Conduct:
Amendments to Rule 1.8 to add section (k) prohibiting a lawyer from having sexual relations with a client (and associated re-enumeration of Rule 1.10)
The Council approved, with 55 yea and 2 nay votes, an addition to Rule 1.8 and revisions to Rule 1.10. The proposed changes will be presented to the Supreme Court of Virginia for approval.
Amendments to Rule 1.8(b) and new Comment [2]
The Council approved by unanimous vote, proposed revisions to the rule to mirror the standard for confidentiality set out in Rule 1.6(a), rather than the broader standard of “information relating to representation of a client,” and adds proposed new Comment [2] to explain the purpose and application of Rule 1.8(b). The proposed changes will be presented to the Supreme Court of Virginia for approval.
Rule 1.10 and Rule 1.15
The Council approved by unanimous vote, proposed revisions to Rule 1.10 Comment [1] and to Rule 1.15 Comment [1] to replace uses of “should” with “must” where the comments describe mandatory duties. The amendments also define what makes a group of lawyers a “firm.” The proposed changes will be presented to the Supreme Court of Virginia for approval.
Rule 3.3
The Council voted, with 47 yea, 4 nay votes, and 1 abstention, to table discussion of proposed amendments to Rule 3.3 until the June Council meeting.
posted April 22, 2021
Updated: Apr 22, 2021