reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3908. Liability for words used in proceedings concerning conduct

No person shall be held liable in any civil action for words written or spoken in any complaint regarding, proceeding concerning, or investigation of, the professional conduct of any member of the Virginia State Bar, unless it is shown that such statements were false and were made willfully and maliciously.
Code 1950, § 54-47; 1988, c. 765; 1992, c. 574; 1996, c. 399.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3909. Rules and regulations defining practice of law and prescribing procedures for practice of law by law students, codes of ethics, use of limited liability companies, and disciplinary procedure

The Supreme Court may promulgate rules and regulations:
Defining the practice of law.
Prescribing procedures for the limited practice of law by third-year law students.
Prescribing a code of ethics governing the professional conduct of attorneys including the practice of law or patent law through professional law corporations, limited liability companies, and partnerships, and a code of judicial ethics.
Prescribing procedures for disciplining, suspending, and disbarring attorneys.
Code 1950, § 54-48; 1973, c. 484; 1974, c. 456; 1988, c. 765; 1992, c. 574.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3910. Organization and government of Virginia State Bar

The Supreme Court may promulgate rules and regulations organizing and governing the Virginia State Bar. The Virginia State Bar shall act as an administrative agency of the Court for the purpose of investigating and reporting violations of rules and regulations adopted by the Court under this article. All advisory opinions issued by the Virginia State Bar's Standing Committees on Legal Ethics, Lawyer Advertising and Solicitation, and Unauthorized Practice of Law shall be incorporated into the Code of Virginia pursuant to § 30-154. All persons engaged in the practice of law in the Commonwealth shall be active members in good standing of the Virginia State Bar.
Code 1950, § 54-49; 1974, c. 536; 1991, c. 564; 2002, c. 306.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3910.1. Enforcement, etc., of costs

Orders of the Disciplinary Board regarding unpaid costs assessed by the Clerk of the Disciplinary System pursuant to Part Six, Section IV, Paragraph 13 of the Rules of the Supreme Court may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such order by the Disciplinary Board.
2001, c. 225.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3911. Transmission of certain information to the House Committee for Courts of Justice and the Senate Committee on the Judiciary

The Virginia State Bar is authorized to transmit to the House Committee for Courts of Justice and the Senate Committee on the Judiciary, upon request of the chairman of either Committee, any evidence that it has in its possession with reference to any pending disciplinary proceeding involving a licensed attorney whose name has been placed before the Committee for consideration for election as a judge of a court of this Commonwealth and the record of any previous disciplinary action taken against the attorney.
1985, c. 264, § 54-49.1; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3912. Fees

The Supreme Court may promulgate rules and regulations fixing a schedule of fees to be paid by members of the Virginia State Bar for the purpose of administering this article, and providing for the collection and disbursement of such fees; but the annual fees to be paid by any attorney shall not exceed $250.
Code 1950, § 54-50; 1956, c. 256; 1964, c. 332; 1970, c. 605; 1975, c. 218; 1982, c. 602; 1986, c. 205; 1988, c. 765; 1993, c. 38; 1995, c. 15.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3913. State Bar Fund; receipts; disbursements

The State Bar Fund is continued as a special fund in the state treasury. All fees collected from the members of the Virginia State Bar as provided in § 54.1-3912 shall be paid into the state treasury immediately upon collection and credited to the State Bar Fund. All moneys paid into the Fund are hereby appropriated to the Virginia State Bar for the purpose of administering the provisions of this article. All disbursements from the Fund shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by an authorized officer of the Virginia State Bar in accordance with rules and regulations promulgated by the Supreme Court.
Code 1950, § 54-52; 1964, c. 531; 1974, c. 608; 1979, c. 440; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3913.1. Clients' Protection Fund

The Clients' Protection Fund is continued as a special fund of the Virginia State Bar. The Fund shall consist of moneys transferred to it from the State Bar Fund and the Virginia State Bar's Administration and Finance Account. Disbursements to the Clients' Protection Fund from the State Bar Fund shall be made only upon approval of the disbursements through the annual budgetary process of the Virginia State Bar. Notwithstanding the provisions of § 54.1-3912, the Supreme Court may adopt rules assessing members of the Virginia State Bar an annual fee of up to $25 to be deposited in the State Bar Fund and transferred to the Clients' Protection Fund.
1996, c. 346; 2007, c. 807.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3914. Forfeiture of license for failing to pay fees; restoration of license

Any attorney licensed to practice in this Commonwealth who fails for two successive years to pay the annual fees provided for by § 54.1-3912, shall thereby forfeit his license to practice law in this Commonwealth.
On or before July 31 of each year, the Executive Director of the Virginia State Bar shall notify every attorney whose fees for the two preceding years have not been paid. The notice shall be deemed to have been given if deposited by registered or certified mail addressed to such attorney at his address as shown on the Executive Director's official records. If payment is not received by the Executive Director within six months from the date of such notice, he shall remove the name of the attorney from his list of persons qualified to practice law in Virginia, and shall notify the clerk of the Supreme Court of Virginia that the name of the attorney has been removed. The name of any attorney so removed shall be restored only upon application of such person to the Executive Director accompanied by a sum equal to the aggregate of all fees which are due, plus a penalty of $100. Upon receipt of the fees and penalty, the Executive Director shall restore the name of such person to his list of persons qualified to practice law in Virginia and shall notify the clerk of the Supreme Court of Virginia that such name has been restored.
1960, c. 459, § 54-50.1; 1984, c. 359; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3915. Restrictions as to rules and regulations

Notwithstanding the foregoing provisions of this article, the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys. In no case shall an attorney who demands to be tried by a court of competent jurisdiction for the violation of any rule or regulation adopted under this article be tried in any other manner.
Code 1950, § 54-51; 1974, c. 536; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3916. Legal aid societies

A. The Virginia State Bar through its governing body is authorized to promulgate rules and regulations governing the function and operation of legal aid societies to further the objective of providing legal assistance to persons requiring such assistance but unable to pay for it. To the extent that interest is paid by a financial institution on client funds deposited by attorneys or law firms in pooled interest-bearing accounts, any interest earned on such accounts shall be paid by the financial institution periodically, but at least quarterly, to the Legal Services Corporation of Virginia.
B. The rules and regulations adopted under subsection A may be enforced by the Virginia State Bar, or by the Attorney General if so authorized by the Virginia State Bar.
C. It shall be a Class 1 misdemeanor for any person, firm, corporation, or other organization to render legal services as a legal aid society, or for any attorney to render legal services at the instance or request of any such person, firm, corporation, or organization unless the person, firm, corporation, or organization complies with the rules and regulations adopted under subsection A. In addition to the criminal penalty, an injunction shall lie to prevent any violation of this section or rule or regulation adopted hereunder.
1956, Ex. Sess., c. 47; 1958, c. 253; 1988, c. 765; 1995, c. 93; 2021, Sp. Sess. I, c. 342.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3917. Master retirement program

The Virginia State Bar through its governing body is authorized to approve and be a party to a master retirement program for the benefit of the members of the Virginia State Bar, their employees and families, including the power to execute, amend and revoke a master plan and trust agreement and to pay from the State Bar Fund in the manner provided in § 54.1-3913 the printing and administrative costs incurred in the promulgation and explanation of such program to the members of the Virginia State Bar. Any such program entered into or expenditure made before June 28, 1968, is hereby validated.
1968, c. 370, § 54-52.2; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3917.1. Group or individual insurance policies

The Virginia State Bar, through its governing body, is authorized to endorse insurance coverages or to be a holder of group or individual insurance policies for the benefit of the members of the Virginia State Bar, their employees and families. In connection therewith, the Virginia State Bar is authorized to execute, amend and revoke agreements to provide such endorsement or such group or individual insurance policies to such members, employees and families. All group or individual insurance policies or coverages endorsed or held by the Virginia State Bar before July 1, 1995, are hereby approved.
1995, c. 65.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3918. Availability of Virginia State Bar membership list

When requested, copies of the Virginia State Bar membership address list shall be made available to Virginia professional legal organizations which operate not for profit and which regularly conduct continuing legal education programs in the Commonwealth. If specified by the requestor, the list shall be made available in computer sorted zip code sequence in a mailing label format suitable for bulk mailing. Lists shall be provided by the Virginia State Bar on a cost recovery basis.
Each request for the mailing list shall be made in writing by requesting organizations to the Executive Director of the Virginia State Bar. Each request shall state the date the list is needed by the requestor and each request shall be postmarked no less than thirty days prior to such date. The cost of mailing or shipping shall be borne by the requestor.
1981, c. 496, § 54-52.2:1; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3919. Composition of Board; quorum

The Board of Bar Examiners shall be responsible for the examination of applicants and otherwise ascertaining the qualifications of applicants for admission to the bar and shall be composed of five attorneys who are residents of the Commonwealth. Three members of the Board shall constitute a quorum for holding examinations or the transaction of other business. The word "Board" when used in this chapter shall mean the Board of Bar Examiners.
Code 1950, §§ 54-53, 54-55; 1988, c. 765; 1998, c. 796.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3920. Appointment and terms of members

The members of the Board shall be appointed by the Supreme Court for five-year terms. Vacancies shall be filled by the Court for the full term of five years.
Code 1950, § 54-54; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3921. Board to elect one of its members president; appointment of secretary and treasurer

The Board shall elect one of its members to serve as its president, and may appoint a qualified member of the Virginia State Bar to act as secretary and treasurer of the Board.
Code 1950, § 54-56; 1972, c. 444; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3922. Powers, rules and regulations

The Board shall do, or cause to be done, all things it considers necessary, convenient or expedient in connection with the preparation, conduct and grading of examinations, in determining the qualifications of applicants, in determining requirements for taking and passing examinations, and in granting such certificates to practice law as may be authorized by the Supreme Court. The Board may promulgate rules and regulations to aid in the exercise of its authority and in the discharge of its duties.
1976, c. 377, § 54-57.1; 1988, c. 765; 1998, c. 796.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3923. Compensation of members, secretary, treasurer and character and fitness committee; expenses of examinations

The members of the Board and members of any character and fitness committee shall each receive such compensation as established by the Rules of the Supreme Court for the time spent in the discharge of their duties as members, and shall be entitled to reimbursement for such of their actual expenses as are necessary and ordinarily incident to travel as members of the Board or such character and fitness committee to be computed in accordance with §§ 2.2-2814 through 2.2-2826. The compensation of the secretary and treasurer shall be fixed by the Board. The compensation for services and expenses shall not exceed the amount received as fees from applicants, which shall be fixed by the rules and regulations adopted by the Board.
Code 1950, § 54-58; 1954, c. 709; 1956, c. 252; 1960, c. 90; 1966, c. 25; 1970, c. 255; 1987, c. 339; 1988, c. 765; 1992, c. 734; 1993, c. 262.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3924. Fees paid by applicants

In order to defray the compensation, mileage and expenses above provided for, the Board shall fix by general rule or special order the fees to be paid by each applicant.
Code 1950, § 54-59; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3925. Application for examination

A person desiring to take an examination under this article shall file with the Board his application therefor in such form as the Board may require not later than May 10 for the next following July examination and December 15 for the next following February examination. An application shall be deemed to be timely filed if (i) it is transmitted expense prepaid to the Office of the Secretary of the Board by priority, express, registered, or certified mail via the United States Postal Service, or by a third party commercial carrier for next-day delivery, and (ii) the official receipt therefor issued by the United States Postal Service or by such third party commercial carrier, which shall be exhibited on demand of the Secretary, shows such transmission or mailing to the Secretary's office on or before the prescribed deadline.
Code 1950, § 54-60; 1952, c. 553; 1960, c. 379; 1966, c. 157; 1968, c. 74; 1972, cc. 535, 824; 1974, c. 686; 1980, c. 533; 1987, c. 265; 1987, Sp. Sess., c. 2; 1988, c. 765; 1992, c. 734; 1998, c. 71; 2011, c. 709.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3925.1. Proof of character and fitness required of applicant; character and fitness committee; fees

A. Before issuing to any applicant a license or certificate to practice law in Virginia, the Board shall have found from satisfactory evidence produced by the applicant in such form as the Board may require that the applicant is a person of honest demeanor and good moral character, is over the age of eighteen and possesses the requisite fitness to perform the obligations and responsibilities of a practicing attorney at law.
B. In making such determinations, the Board shall conduct such further inquiries, interviews and hearings as the Board may deem necessary. At the request of the Board, the Supreme Court may appoint a separate character and fitness committee, some of the members of which may be persons who are not licensed attorneys, to assist in reviewing character and fitness evidence and to make recommendations to the Board based upon standards adopted by the Board; however, no applicant shall be denied a license on character and fitness reasons except by action of a majority of the Board, after notice to the applicant and an opportunity for the applicant to be heard before the Board.
C. The Board shall from time to time set character and fitness application fees sufficient to cover the costs of the character and fitness process.
1992, c. 734; 1998, c. 796.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3925.2. Access to criminal history records

The Board is authorized to obtain criminal history record information relating to an applicant from any state or federal law-enforcement agency. Any information so obtained is for the exclusive use of the Board and the character and fitness committee and shall not be released to any other person or agency except in furtherance of the investigation of the applicant or with the authorization of the applicant or upon court order.
1992, c. 734.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3925.3. Authority for subpoenas; qualified privilege and immunity

A. In the conduct of investigations and hearings, the Board and character and fitness committee may administer oaths and affirmations and may issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and other records or tangible evidence relevant to any such investigation or hearing. Any subpoena shall be issued in the name of the Board and be signed by a member of the Board or by its secretary.
B. If any person fails or refuses to obey a subpoena, or to give testimony, the Board shall notify the circuit court of the county or city wherein the hearing is or was to have been held, or where the documents or tangible things were to have been produced. On receipt of the notice, the circuit court shall issue an order compelling such person's attendance or testimony, or both, or the production of the documents or tangible things, to the same extent as could be required in a proceeding in court.
C. Information furnished to and testimony given before the Board or the character and fitness committee in the course of an investigation or hearing shall be privileged, and any person furnishing information or giving testimony shall be immune from civil liability therefor, unless it is shown that such person was motivated by actual malice.
1992, c. 734.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3926. Preliminary proof of education required of applicant

Before an applicant will be permitted to take any examination under this article, the applicant shall furnish to the Board satisfactory evidence that he has:
1. Satisfactorily completed legal studies amounting to at least five semesters, or the equivalent of at least five semesters on a system other than a semester system, of full-time study at a law school approved by the American Bar Association or the Board;
2. Received a bachelor's degree from an accredited baccalaureate institution of higher education and studied law for three years, consisting of not less than 18 hours per week for at least 40 weeks per year in the office of an attorney practicing in the Commonwealth, whose full time is devoted to the practice of law;
3. Studied law for at least three years partly in a law school approved by the American Bar Association or the Board and partly, for not less than 18 hours per week for at least 40 weeks per year, in the office of an attorney practicing in the Commonwealth whose full time is devoted to the practice of law;
4. Received a bachelor's degree from an accredited baccalaureate institution of higher education and studied law for three years, consisting of not less than 18 hours per week for at least 40 weeks per year, with a retired circuit court judge who served the Commonwealth as a circuit court judge for a minimum of 10 years and who at the time of commencement of the three-year study period was retired for not more than five years; or
5. Completed all degree requirements from a law school not approved by the American Bar Association, including a foreign law school, obtained an LL.M. from a law school approved by the American Bar Association, and been admitted to practice law before the court of last resort in any state or territory of the United States or the District of Columbia.
The attorney in whose office or the judge with whom the applicant intends to study shall be approved by the Board, which shall prescribe reasonable conditions as to the course of study.
Code 1950, § 54-62; 1952, c. 553; 1960, c. 379; 1980, c. 533; 1988, c. 765; 1995, c. 336; 1998, cc. 119, 796; 2021, Sp. Sess. I, c. 296; 2022, c. 148.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3927. Time and place of examination

The Board shall hold at least two examinations each year, at such times as it may prescribe by general rule or special order. If only two examinations are held in any one year, they shall not be less than four months apart. One examination shall be held in the City of Richmond, and one in the City of Roanoke each year, unless for good cause it is necessary to hold it elsewhere.
Code 1950, § 54-63; 1973, c. 284; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3928. Issuance of license or certificate; list of persons certified to Supreme Court

The Board shall issue a license to practice law in this Commonwealth to every applicant who successfully passes the examination on all the subjects required and complies with the requirements of this chapter and the rules of the Board. The Board shall issue a certificate to practice law in the Commonwealth to an applicant if the Board is satisfied that the applicant meets the criteria for the certificate established by Rules of the Supreme Court.
The license or certificate shall be signed by at least three members of the Board. The Board shall forthwith certify to the Supreme Court a list of persons whom it has licensed or to whom it has issued a certificate, and the list shall be spread upon the records of the Court.
Code 1950, § 54-64; 1988, c. 765; 1998, c. 796.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3929. Preservation of examination papers

The essay portion of the examination papers shall be kept on file in the office of the secretary and treasurer in Richmond for one year after the examination, after which it may be destroyed.
Code 1950, § 54-65; 1973, c. 284; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3930. Reexaminations

Any applicant who fails an examination given after July 15, 1960, may be reexamined not more than four additional times upon showing to the Board that he has diligently pursued the study of law since the former examination and that he remains otherwise qualified under the provisions of this article. However, the Board may allow an applicant who has taken the examination five times to take additional examinations when, in the discretion of the Board, the applicant has shown mitigating circumstances which constitute good and sufficient cause for the applicant's failing the prior examination.
Code 1950, § 54-66; 1960, c. 379; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3931. Granting certificates without examination; law professors

A. The Supreme Court shall have discretion to grant a certificate without examination to any attorney who has been admitted to practice law before the court of last resort of any state or territory of the United States or the District of Columbia for at least five years. The certificate shall entitle the holder, after paying his license tax, to practice in the courts of this Commonwealth.
B. The Supreme Court shall also have discretion to grant a certificate without examination to any person connected with any foreign embassy or legation to appear in the courts of this Commonwealth in all matters connected with his official duties, provided that the person has been admitted to practice in the court of last resort of the jurisdiction of the embassy or legation to which he is attached or he has received a degree from a law school approved by the American Bar Association.
C. The Supreme Court shall have the authority to promulgate rules and regulations allowing professors in law schools located in the Commonwealth, which are accredited by the American Bar Association, to become associate members of the Virginia State Bar. Nothing in this subsection shall preclude the granting of a certificate without examination to a professor who is otherwise eligible for such a certificate under any other provision of this section.
D. The Supreme Court may authorize the Board or any committee thereof to administer the provisions of this section.
E. All other persons shall take the examinations and comply with the applicable provisions of this chapter.
Code 1950, § 54-67; 1988, c. 765; 1998, c. 796; 2013, c. 396.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3932. Lien for fees

A. Any person having or claiming a cause of action (i) sounding in tort, (ii) for liquidated or unliquidated damages on contract, or (iii) for annulment or divorce may contract with any attorney to prosecute the same, and, upon contracting such attorney, the attorney shall have a lien upon the cause of action as security for his fees for any services rendered in relation to the cause of action or claim. When any such contract is made, and written notice of the claim of such lien is given to the client or former client, the opposite party or such party's attorney or agent, and the clerk of court in which a case may be pending, any settlement or adjustment of the cause of action is void against the lien so created, except as proof of liability on such cause of action. Written notice of the lien shall be given either within 45 days of the end of representation or (a) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment, whichever is earlier or (b) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. Nothing in this section affects the existing law in respect to champertous contracts. In causes of action for annulment or divorce, the court may not determine the validity or amount of the lien until the divorce judgment is final and all residual disputes regarding marital property are concluded. Nothing in this section affects the existing law in respect to exemptions from creditor process under federal or state law.
B. Notwithstanding the provisions in subsection A, a court in a case of annulment or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney's lien.
C. The validity and amount of the lien may be determined either by motion in the case in which the lien is claimed, or by separate action after final judgment has been entered therein or if no case has been filed. The validity and amount of the lien shall be determined by the court without a jury.
Code 1950, § 54-70; 1988, c. 765; 2001, c. 495; 2023, c. 234.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3933. Decreeing fee out of funds under control of court

No court shall decree or order any fee or compensation to counsel to be paid out of money or property under the control of the court, unless the claim is in the complaint, petition, or other proceeding, of which the parties interested have due notice.
Code 1950, § 54-71; 1988, c. 765; 2020, c. 112.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3934. Revocation of license by Board

The Board of Bar Examiners may, for good cause, revoke any license issued by it at any time before there has been a qualification under it in any of the courts of this Commonwealth.
Code 1950, § 54-72; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3938. Service of process in license revocation proceedings

If personal service of process cannot be had upon the defendant in license revocation proceedings, proceedings may be had by order of publication on proper affidavit.
Code 1950, § 54-76; 1987, c. 567; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3938.1. Subpoena issued pursuant to law of another jurisdiction

Whenever a subpoena is sought in this Commonwealth pursuant to the laws of another jurisdiction for use in lawyer discipline or disability proceedings, and where the request for the subpoena has been duly approved under the laws of the other jurisdiction, the chair or a vice-chair of the Virginia State Bar Disciplinary Board, upon receiving an application from Bar Counsel, may issue a subpoena as provided in this section to compel the attendance of witnesses and production of documents in the county or city in the Commonwealth where the witness resides or is employed or elsewhere as agreed by the witness. The circuit courts shall have the power to enforce a subpoena issued pursuant to this section and to adjudge disobedience thereof as contempt. The privilege extended by this section shall be available only to those jurisdictions that extend a similar privilege for disciplinary proceedings in this Commonwealth.
2000, cc. 24, 188.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3939. Definitions

As used in this article:
"Agent" means any person who acts for another with or without compensation at the request, or with the knowledge and acquiescence, of the other in dealing with third persons.
"Runner" or "capper" means any person acting within the Commonwealth as an agent for an attorney in the solicitation of professional employment for the attorney.
"Solicitation of professional employment" means obtaining or attempting to obtain, for an attorney, the opportunity to represent or render other legal services to another person, for which services the attorney will or may receive compensation. Solicitation of professional employment shall not include conduct (i) limited to mere statements of opinion respecting the ability of an attorney, (ii) pursuant to a uniform legal aid or lawyer referral plan approved by the Virginia State Bar or (iii) pursuant to any qualified legal services plan or contract of legal services insurance.
Code 1950, § 54-78; 1956, Ex. Sess., c. 33; 1964, c. 622, §§ 54-83.1:1, 54-83.1:2; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3941. Unlawful to act as runners or cappers

It shall be unlawful for any person to act singly or in concert with others as a runner or capper for an attorney.
Code 1950, § 54-79; 1956, Ex. Sess., c. 33; 1964, c. 622; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3942. Validity of contract

Any contract for professional employment secured by an attorney in violation of this article shall be void and unenforceable.
Code 1950, § 54-83; 1964, c. 622, § 54-83.1:4; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3943. Injunction against running, capping and soliciting

The attorney for the Commonwealth, or any person, firm or corporation against whom any cause of action is or has been asserted, may maintain a suit for an injunction against any attorney who has induced another to solicit or encourage his employment, or against any person, firm, partnership or corporation which has acted for another in the capacity of a runner or capper, or against any person engaged by an attorney to solicit employment for the attorney, whether or not the solicitation was successful. The court may enjoin and permanently restrain such person, his agents, representatives and principals from soliciting any such claims against any person, firm or corporation subsequent to the date of the injunction.
1954, c. 707, § 54-83.1; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 39 - Attorneys › § 54.1-3944. Penalty for violation

Any person violating the provisions of this article shall be guilty of a Class 1 misdemeanor. In addition, any person employed as an officer, director, trustee, clerk, servant or agent of this Commonwealth or of any political subdivision of the Commonwealth found guilty of violating the provisions of this article shall forfeit the right of his office and his employment.
Code 1950, § 54-82; 1964, c. 622, § 54-83.1:3; 1988, c. 765.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4000. Definition of pawnbroker

"Pawnbroker" means any natural person who lends or advances money or other things for profit on the pledge and possession of tangible personal property, or other valuable things, other than securities or written or printed evidences of indebtedness or title, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.
Code 1950, § 54-840; 1988, c. 765; 1998, c. 848; 2019, c. 238.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4001. License required; license authorized by court; building designated in license; penalty

A. No natural person shall engage in the business of a pawnbroker without having a valid license issued by the county, city, or town in which the pawnbroker conducts such business.
B. The circuit court of any county or city may authorize any county, city, or town to issue to any natural person, who has not been convicted of a felony or a crime involving moral turpitude in the last ten years, a license to engage in the business of a pawnbroker in that county, city, or town. No such license shall be issued by any county, city, or town except with such authority. Prior to the issuance of the license, the applicant shall furnish his date of birth, a sworn statement or affirmation disclosing any criminal convictions or any pending criminal charges, whether within or without the Commonwealth, and such other information to the licensing authority as may be required by the governing body. The license shall designate the building in which the licensee shall carry on such business.
C. No natural person shall engage in the business of a pawnbroker in any location other than the one designated in his license, except with consent of the court which authorized the license.
D. Any natural person who violates the provisions of this section shall be guilty of a Class 1 misdemeanor. Each day's violation shall constitute a separate offense.
Code 1950, §§ 54-841, 54-842; 1982, c. 633; 1986, c. 316; 1988, c. 765; 1998, c. 848; 2019, c. 238.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4002. Local limitations as to number of pawnshops

A. In addition to all limitations and restrictions and notwithstanding any other relevant provisions of this chapter, the governing body of any county, city or town may reasonably limit by resolution or ordinance the number of pawnshops that may be operated at any one time within its territorial limits.
B. The circuit court of any county or city which has, by resolution or ordinance, limited the number of pawnshops therein shall not authorize any license to any pawnbroker after the commissioner of the revenue or other tax assessing officer of the county, city or town over which it has jurisdiction for the issuance of such licenses has filed with the court a statement that the number of licensed pawnshops within the county, city or town has reached the maximum number of pawnshops authorized to be operated therein, unless the number has been reduced below the maximum prescribed. In the event that a properly licensed pawnbroker sells his business, the circuit court of the county or city shall authorize the county, city or town in which such business operates to issue to the purchaser a new license for the same location if the purchaser has not been convicted of a felony or a crime involving moral turpitude in the last ten years. Prior to the issuance of the license, the purchaser shall furnish his date of birth and such other information to the licensing authority as may be required by the local governing body.
Code 1950, § 54-843; 1982, c. 633; 1988, c. 765; 1998, c. 848.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4003. Bond required; private action on bond

A. No natural person shall be licensed as a pawnbroker or engage in the business of a pawnbroker without having in existence a bond with surety in the minimum amount of $50,000 to secure the payment of any judgment recovered under the provisions of subsection B.
B. Any person who recovers a judgment against a licensed pawnbroker for the pawnbroker's misconduct may maintain an action in his own name upon the bond of the pawnbroker if the execution issued upon such judgment is wholly or partially unsatisfied.
Code 1950, § 54-845; 1988, c. 765; 1998, c. 848; 2019, c. 238.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4004. Memorandum to be given pledgor; fee; lost ticket charge

Every pawnbroker shall at the time of each loan deliver to the person pawning or pledging anything, a memorandum or note, signed by him, containing the information required by § 54.1-4009. A lost-ticket fee of five dollars may be charged, provided that the pawner is notified of the fee on the ticket.
Code 1950, § 54-846; 1968, c. 438; 1983, c. 238; 1988, c. 765; 1998, c. 848.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4005. Sale of goods pawned

No pawnbroker shall sell any pawn or pledge item until (i) it has been in his possession for the minimum term set forth in the memorandum, but not less than 30 days, plus a grace period of 15 days and (ii) a statement of ownership is obtained from the pawner. If a motor vehicle is pawned, the owner of the motor vehicle shall comply with the requirements of § 46.2-637. In the event of default by the pawner, the pawnbroker shall comply with the requirements of § 46.2-633. Otherwise, the pawnbroker shall comply with the requirements of § 46.2-636 et seq. All sales of items pursuant to this section may be made by the pawnbroker in the ordinary course of his business.
Code 1950, § 54-847; 1986, c. 316; 1988, c. 765; 1998, c. 848; 1999, c. 327; 2012, c. 586.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4008. Interest chargeable

A. No pawnbroker shall ask, demand or receive a greater rate of interest than ten percent per month on a loan of $25 or less, or seven percent per month on a loan of more than $25 and less than $100, or five percent per month on a loan of $100 or more, secured by a pledge of tangible personal property. No loan shall be divided for the purpose of increasing the percentage to be paid the pawnbroker. Loans may be renewed based on the original loan amount. Loans may not be issued that compound the interest or storage fees from previous loans on the same item.
B. An annual percentage rate computed and disclosed under the provisions of the federal Truth-in-Lending Act shall not be deemed a violation of this section.
Code 1950, § 54-850; 1983, c. 238; 1988, c. 765; 1998, c. 848; 1999, c. 327.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4010. Daily reports

A. Every pawnbroker shall prepare a daily report of all goods, articles, or things pawned or pledged with him or sold to him that day and shall file such report by noon of the following day with the chief of police or other law-enforcement officer of the county, city, or town where his business is conducted designated by the local attorney for the Commonwealth to receive it. The report shall include the pledgor's or seller's name, residence, and driver's license number or other form of identification; a photograph or digital image of the form of identification used by the pledgor or seller; and a description of the goods, articles, or other things pledged or sold and, unless maintained in electronic format, shall be in writing and clearly legible to any person inspecting it. A pawnbroker may compile and maintain the daily report in an electronic format and, if so maintained, shall file the required daily reports electronically with the appropriate law-enforcement officer through use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer. Any local governing body, may by ordinance, require a pawnbroker to maintain and file a daily report electronically through the use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer.
B. The Department of State Police shall adopt regulations for the uniform reporting of information required by this section.
C. Any natural person violating any of the provisions of this section is guilty of a Class 4 misdemeanor.
Code 1950, § 54-853; 1988, c. 765; 1998, c. 848; 2001, c. 401; 2002, c. 201; 2003, c. 448; 2010, cc. 540, 657; 2013, c. 262; 2019, c. 238.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4011. Officers may examine records or property; warrantless search and seizure authorized

Every pawnbroker and every employee of the pawnbroker shall admit to the pawnbroker's place of business during regular business hours, any duly authorized law-enforcement officer of the jurisdiction where the business is being conducted, or any law-enforcement official of the state or federal government. The pawnbroker or employee shall permit the officer to (i) examine all records required by this chapter and any article listed in a record which is believed by the officer to be missing or stolen and (ii) search for and take into possession any article known to him to be missing, or known or believed by him to have been stolen. However, the officer shall not take possession of any article without providing to the pawnbroker a receipt.
Code 1950, §§ 54-852, 54-854; 1988, c. 765; 1990, c. 683; 1998, c. 848.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4012. Property pawned or purchased not to be disfigured or changed

No property received on deposit or pledged or purchased by any pawnbroker shall be disfigured or its identity destroyed or affected in any manner (i) so long as it continues in pawn or in the possession of the pawnbroker while in pawn or (ii) in an effort to obtain a serial number or other information for identification purposes.
Code 1950, § 54-855; 1988, c. 765; 1998, c. 848; 1999, c. 327; 2003, c. 448.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4013. Care of tangible personal property; evaluation fee

A. Pawnbrokers shall store, care for and protect all of the tangible personal property in the pawnbroker's possession and protect the property from damage or misuse. Nothing in this chapter shall be construed to mean that pawnbrokers are insurers of pawned property in their possession.
B. A pawnbroker may charge a monthly storage fee for any items requiring storage, which fee shall not exceed five percent of the amount loaned on such item.
Code 1950, § 54-856; 1988, c. 765; 1998, c. 848.
2023 Code of Virginia › Title 54.1 - Professions and Occupations › Chapter 40 - Pawnbrokers › § 54.1-4014. Penalties; violation of the Virginia Consumer Protection Act

A. Except as otherwise provided in § 54.1-4001, any licensed pawnbroker who violates any of the provisions of this chapter shall be guilty of a Class 4 misdemeanor. In addition, the court may revoke or suspend the pawnbroker's license for second and subsequent offenses.
B. Additionally, any violation of the provisions of the chapter shall constitute a prohibited practice in accordance with § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Code 1950, §§ 54-857, 54-858; 1988, c. 765; 1998, c. 848.