At its meeting on June 15, 2017, in Virginia Beach, the Virginia State Bar Council heard the following significant reports and took the following actions:
Legal Ethics Opinion 1887
The council unanimously approved LEO 1887: Duties when a lawyer over whom no one has supervisory authority is impaired. This proposed opinion addresses the ethical duties of a lawyer to take remedial measures when he believes a sole partner in a firm or solo lawyer is impaired. The Ethics Committee concludes in this proposed opinion that evidence of a lawyer’s possible impairment, standing alone, does not necessarily trigger the duty to report misconduct under Rule 8.3(a), although in many cases the impairment will lead to violations of the rules that do trigger that duty. The proposed opinion also encourages lawyers to contact Lawyers Helping Lawyers (LHL), or another lawyer assistance program, or to suggest that the possibly-impaired lawyer contact LHL, for guidance on how to address the underlying impairment regardless of whether a bar complaint is filed. The proposed LEO must be approved by the Supreme Court of Virginia before becoming effective.
The council approved a $14.9 million budget for FY 2017-2018. The budget includes a 3 percent performance pay increase for VSB employees effective July 10, 2017, as authorized by the General Assembly. The pay increase is for all salaried positions as of April 10, 2017, and subject to performance criteria.Updated: Jun 19, 2017
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