News and Information
November 01, 2021

Highlights of the October 29 VSB Council Meeting

At its meeting on October 29, 2021, in Hot Springs, the Virginia State Bar Council heard the following significant reports and took the following actions.

Proposed LEO 1896
Council unanimously approved draft Legal Ethics Opinion 1896: Out-of-State Lawyers Working Remotely in Virginia. The proposed opinion will be presented to the Supreme Court of Virginia for approval.

Amendments to Rule 1.2
The Council approved, with 57 yea and 3 nay votes, amendments Rule 1.2(c) and a new Comment [13] to accompany the amendment. The proposed amendment addresses whether, and how, lawyers can advise clients who wish to engage in marijuana-related activities that are legal under state law (whether Virginia or other states) but illegal under federal law. The proposed changes will be presented to the Supreme Court of Virginia for approval.

Amendments to Paragraph 13-6.H
Council unanimously approved amendments to Paragraph 13-6.H, regarding the Disciplinary Board’s review of Agreed Dispositions. The revision facilitates feedback from the Board to the parties as to what would be acceptable concerning Agreed Dispositions, is in the interest of judicial economy and transparency, and conforms the disciplinary procedure with practice. The proposed changes will be presented to the Supreme Court of Virginia for approval.

Amendments to Clients’ Protection Fund Rules
Council unanimously approved amendments to the Clients’ Protection Fund Rules. The revisions to CPF Rule V.F.5 raise the per-petitioner cap from $75,000 to $100,000 for losses incurred on or after July 1, 2021.

Updated: Nov 01, 2021