At its meeting on February 24, 2018, in Richmond, the Virginia State Bar Council heard the following significant reports and took the following actions, all of which are subject to approval by the Supreme Court of Virginia:
Legal Ethics Opinion 1750
The VSB Council voted 55-5 in favor of Legal Ethics Opinion 1750 regarding advertising issues. LEO 1750 is a compendium opinion on advertising issues, in light of the significant updates to Rules 7.1 and 7.3 which took effect on July 1, 2017. Throughout the opinion, references to the Rules of Professional Conduct have been updated with the current “false or misleading” language of Rule 7.1, and references to since-withdrawn or modified LEOs have been removed or updated. The proposed LEO will be presented to the Supreme Court of Virginia for approval.
Amendments to Paragraph 13 to change references from CRESPA to RESA
The VSB Council unanimously approved amendments to Part 6, Section IV, Paragraph 13 that conform Paragraph 13 to Chapter 27.2 of title 55 of the Code of Virginia, renaming CRESPA (Consumer Real Estate Settlement Protection Act) to RESA (Real Estate Settlement Agents). The proposed changes will be presented to the Supreme Court of Virginia for approval.
Amendments to Paragraph 13 to definitions of burden of proof and Disciplinary Record
The VSB Council unanimously approved amendments to Part 6, Section IV, Paragraph 13-1 of the Rules of the Supreme Court of Virginia and the addition of Part 6, Section IV, Paragraph 13-1.1 to the Rules of the Supreme Court of Virginia. These amendments add clarity to the definition of Disciplinary Record and define burden of proof in disciplinary proceedings as clear and convincing evidence. The proposed changes will be presented to the Supreme Court of Virginia for approval.
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