News and Information
November 01, 2017

Virginia State Bar E-News, November 2017

The Virginia State Bar’s Standing Committee on Legal Ethics is seeking public comment on proposed advisory Legal Ethics Opinion 1888Prosecutor’s duty to disclose evidence that tends to negate the guilt of the accused and on proposed revisions to LEO 1750Advertising issues. Comment deadline: November 3, 2017.

At its meeting on October 27, on a vote of 59-6, the VSB Council approved LEO 1885, which concludes that a lawyer may not participate in an attorney-client matching service under the facts presented in the opinion because participation violates the Rules of Professional Conduct governing fee sharing with nonlawyers, paying for referrals, and safeguarding client funds. The proposed LEO will be sent to the Supreme Court of Virginia for its consideration.

Council also unanimously approved the Clients’ Protection Fund Board’s request to allow the VSB, in the 2018 legislative session, to seek extension of the CPF sunset provision from July 1, 2020 to July 1, 2023. The proposal will be sent to the Supreme Court of Virginia for its consideration.

Council also unanimously approved the Special Committee on Access to Legal Services’ proposal to amend the Rules of the Supreme Court of Virginia to allow emeritus members of the VSB to provide pro bono services without direct supervision of a supervising attorney.

On November 1, the Supreme Court of Virginia's Judicial Performance Evaluation Program sent an eligibility survey to all active and in good standing lawyers listing judges with upcoming evaluations. The survey asks lawyers to indicate which judges they have recently observed. Judicial performance evaluations will be circulated to lawyers beginning in January, based on the responses to the eligibility surveys. Your participation is invaluable.

On November 13, 2017, the US Supreme Court’s electronic filing system will begin operation. While paper will remain the official form of filing as under existing practice, parties represented by counsel will also be required to submit most documents through the new electronic filing system. Attorneys who expect to file documents electronically will need to register in advance for the system. Additional information is available at

The Virginia Law Foundation is seeking nominations to fill a vacant three-year term on its board. Nominations, along with a brief résumé, should be sent by November 24, 2017, to Karen A. Gould, VSB executive director, 1111 E. Main St., Suite 700, Richmond, VA 23219-0026, or e-mailed to

The VSB Disciplinary Board is seeking comment on Anne Marston Lynch Wilber’s Reinstatement Petition. Comment deadline is November 27, 2017.

The MCLE Form 1 End of Year Report will be mailed soon. The reporting deadline is 4:45 p.m. December 15.

The Standing Committee on Lawyer Discipline calls for nominations for district committee vacancies to be filled by Council in June.

President-elect Heath seeks members for Virginia State Bar committees with terms commencing July 1, 2017.

Registration is open for the December 5 First Day in Practice and Beyond CLE in Richmond.

The VSB is seeking nominations for the following awards, with deadlines in December:

·     Harry L. Carrico Professionalism Award

·     William R. Rakes Leadership in Education Award

Updated: Nov 29, 2017