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As of July 1, 2023, attorneys in private practice who maintain client trust accounts must keep client funds in this type of account.
What is an Interest on Lawyers Trust Account (IOLTA)?
(See Article summarizing new IOLTA Rule)
The burden of proof in all Disciplinary Proceedings and Impairment Proceedings.
What is Clear and Convincing evidence?
Procedures for Disciplining, Suspending, and Disbarring Attorneys
13-1.1 Burden of Proof
RPC 1.1
What is Competence?
See attached Rule
This shall be adequately explained to a client when the lawyer has not regularly represented the client.
What is the lawyer's fee?
See attached Rule 1.5(b)
The prohibition of this says that "no non-lawyer shall engage in the practice of law in the Commonwealth of Virginia or in any manner hold himself or herself out as authorized or qualified to practice law in the Commonwealth of Virginia except as may be authorized by rule or statute."
What is the unauthorized practice of law?
See attached Unauthorized Practice of Law Rules
Effective March 18, 2023, the Supreme Court issued an Order to further define this Class of VSB Membership to deal with the current issue of a definition that was both overinclusive and underinclusive in defining who were members of the Class.
What is Judicial Class Membership?
See VA Supreme Court Order
TRUE OR FALSE: If, following review of a Complaint, Bar Counsel determines that the conduct questioned or alleged does not present an issue under the Disciplinary Rules, Bar Counsel must not open an Investigation, and the Complaint must be dismissed.
What is TRUE?
Procedures for Disciplining, Suspending, and Disbarring Attorneys
13-10 Processing of Complaints by Bar Counsel
RPC 1.4
What is the duty of communication?
See attached Rule
Under this RPC, a lawyer may require advance payment of a fee, but is obligated to return any unearned portion.
What is Rule 1.16(d)?
See attached Rule
Because a conflict-of-interest concerns, it is unethical for a prosecutor to insist that a plea agreement contain a waiver of this.
What is a claim for ineffective assistance of counse?
LEO 1857 (1990)(finding also that it is a conflict of interest for the attorney to counsel their client to accept such a provision in a plea agreement).
See attached LEO
With respect to causing a Virginia State Bar investigation to be made re: whether an attorney has an impairment, on May 9, 2023, the VA Supreme Court replaced the word shall with this synonym once Bar Counsel has received reliable info that the attorney has an impairment.
What is "must"?
VA Supreme Court Rules Pt. VI, Section IV, Paragraph 13-23.C (requiring that upon receipt of "reliable information" that raises a "substantial question" that an attorney has an impairment, Bar
Counsel "must" investigate). See attached
Bar Counsel must furnish to Respondent a copy of this document when the Subcommittee sets the Complaint for hearing before the District Committee or certifies the Complaint to the Disciplinary Board.
What is the Investigative Report?
Procedures for Disciplining, Suspending, and Disbarring Attorneys
13-11(B) Limited Right to Discovery
RPC 1.6
What is confidentiality of information?
See attached Rule
A lawyer shall not enter into an arrangement for, charge, or collect a contingency fee in these two types of matters.
What are domestic relations matters and criminal defense representation?
See attached Rule 1.5(d)
A lawyer having reliable information that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness to practice law shall due this.
What is inform the appropriate professional authority?
See attached Rule 8.3(a)
As of January 6, 2023, an attorney's agreement with a client for a "flat" or "fixed" fee may include this type of provision if the client terminates the representation prematurely and without cause so long as the provision is reasonable and adequately explained to the client.
What is an "alternative fee" or "conversion clause"?
See attached LEO 1899 (Use of Conversion Clause in Flat Fee Agreements - January 6, 2023).
If, following a hearing, the District Committee finds that Misconduct has been shown, then the Committee must do this prior to determining the appropriate sanction to be imposed.
What is inquire whether the Respondent has a Disciplinary Record in this or any other jurisdiction?
Procedures for Disciplining, Suspending, and Disbarring Attorneys
13-16(X) District Committee Proceedings
This RPC explicitly prohibits an attorney from using confidential information "for the advantage of the lawyer or of a third-person or to the disadvantage of the client unless the client consents.
What is RPC 1.8(b) (Conflict of Interest: Prohibited Transactions)?
See attached Rule
A lawyer may accept property in payment for services, such as an ownership interest in an enterprise, providing it does not involve this.
What is acquisition of a proprietary interest in the cause of action or subject matter of the litigation contrary to RPC 1.8(j)?
See attached Rule 1.5 Comment [4]Terms of Payments
In FY 2023, this was the second most common reason for public discipline of Virginia Attorneys by the Virginia State Bar but was the top reason for private discipline.
What is Competence/Diligence?
See attached VSB 85th Annual Report
As of November 28, 2023, an attorney subject to all types of bar disciplinary proceedings may elect to have their case adjudicated before this rather than the Virginia State Bar Disciplinary Board.
What is a three-judge circuit court?
See Bar Counsel's Message (December, 2023) describing changes to paragraph 13 of Virginia Supreme Court Attorney discipline procedure).
Among its many powers, the Disciplinary Board can issue this sanction to a Respondent for failing to comply with an order issued by the Board.
What is an interim Suspension?
Procedures for Disciplining, Suspending, and Disbarring Attorneys
13-6(G) Disposition Upon a Finding of Misconduct
Under this RPC, all funds received or held by a lawyer or law firm on behalf of a client or a third party, or held by a lawyer as a fiduciary, other than reimbursement of advances for costs and expenses shall be deposited in one or more identifiable trust accounts;...
What is RPC 1.15 Safekeeping of Property?
See attached Rule
One of two situations in which a division of fees between lawyers is not prohibited.
What is; 1) between attorneys who were previously associated in a law firm, or 2) between any successive attorneys in the same matter?
See attached Rule 1.5(f)
This Commission was created by the Constitution of Virginia to investigate charges of misconduct or serious mental or physical disability and is comprised of seven members including three judges, two lawyers, and two citizens who are not lawyers.
What is the Judicial Inquiry and Review Commission (JIRK)?
See attached Commission Information