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March 14, 2018

Committee on Lawyer Discipline Seeks Comments on Two Proposed Rule Revisions

The Virginia State Bar Committee on Lawyer Discipline is seeking comments on two proposed amendments to Part 6, Section IV of the Rules of the Supreme Court of Virginia.

In the first proposed amendment, affecting Paragraph 13-23 and Paragraph 3, in keeping with the recommendations of the National Task Force on Lawyer Well-Being, a lawyer suffering from irreversible cognitive decline could transfer to the Disabled and Retired class of membership rather than having the lawyer’s license suspended on impairment grounds. The full text may be found here.

In the second proposed amendment, affecting Paragraph 13-1 and 13-30 of the Rules of the Supreme Court of Virginia, and also responsive to the National Task Force on Lawyer Well-Being, a lawyer assistance program is defined, and the confidentiality provision is addressed so that if information indicating mental health or substance abuse issues is discovered during a bar counsel investigation or prosecution, confidentiality rules should allow sharing of such information with lawyer assistance programs. The full text may be found here.

Comments should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, at 1111 E. Main Street, Suite 700, Richmond, VA 23219-0026 or publiccomment@vsb.org, no later than the end of the business day on April 30, 2018. 

Updated: Mar 14, 2018

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