May I endorse and file a motion to withdraw or for substitution of counsel?
Yes. A suspended attorney who endorses and/or files a motion to withdraw or a
motion for substitution of counsel does not engage in the unauthorized
practice of law. Such conduct is consistent with the suspended lawyer’s
obligation to make appropriate arrangements for the disposition of matters in
the lawyer’s care in conformity with the clients’ wishes. See,
Part Six, Section IV, Paragraph 13-29 of the Rules of the Supreme Court of Virginia.
May I make a court appearance in conjunction with a motion to withdraw or for
substitution of counsel?
Yes. A suspended attorney who makes a court appearance on a motion to
withdraw or a motion for substitution of counsel does not engage in the
unauthorized practice of law. Such conduct is consistent with the suspended
lawyer’s obligation to make appropriate arrangements for the disposition
of matters in the lawyer’s care in conformity with the clients’
wishes. See, Part Six, Section IV, Paragraph 13-29 of the Rules of the Supreme Court of Virginia.
May I continue to work at my firm as a paralegal?
No. Doing so would violate Rule 5.5(a) of the Rules of Professional Conduct.
If not, may I work at the firm in any capacity (office manager, receptionist,
file clerk, IT consultant)?
No. Rule 5.5(a) forbids the firm from employing the suspended lawyer “in any
capacity.”
May I work at a new firm as a paralegal?
Yes. As long as the new firm does not represent any client previously
represented by the suspended lawyer or by any other lawyer with whom the
suspended lawyer practiced on or after the date of the acts which resulted in
the suspension. See Rule 5.5(b) of the Rules of Professional Conduct.
May I continue to receive a paycheck from my firm?
Yes, if the paycheck is for legal work performed prior to the suspension or if
the paycheck is for work performed during the suspension in a non-legal
capacity.
If I am a shareholder in the firm, may I continue to receive revenues from my
firm?
A suspended lawyer may receive revenues only for work performed by him or
other members of his firm during a period which predated the effective date of
the lawyer’s suspension. See Rule 5.4.
If my name is in the firm’s name, must the firm change the name while I
am suspended? If so, must the firm print new letterhead, get a new sign, new
website, etc.?
It is considered the unauthorized practice of law for a suspended lawyer to hold himself out as authorized to practice law. It
is also “false and misleading” for a suspended lawyer to continue
advertising and using letterhead, notices, and signage which state or imply
that he is available to perform legal services. A lawyer should therefore take
all practical steps to alter the content, or to discontinue use, of any medium
of communication which advertises the suspended lawyer’s availability.
Firm names which are “trade names” containing the last name
of a suspended lawyer, along with one or more other lawyers’ last names,
need not be changed during the period of the lawyer’s suspension.
However, a firm must amend its letterhead and all website and other
advertising to either delete the name of the suspended lawyer or otherwise
indicate his ineligibility to practice.
May I continue to manage my firm’s trust account?
No. It would be unethical for a suspended lawyer to manage a law firm’s
trust account. See Rule 1.15 of the Rules of Professional Conduct.
May I continue to manage my firm’s business account?
Yes. The Rules of Professional Conduct do not prohibit a suspended lawyer
from managing a firm’s business account.
May I negotiate liens on cases I settled prior to the suspension?
No. The negotiation of a lien can involve the application of law to
fact, and requires that the lawyer consult with and advise the client of the
legal consequences which attend the client’s decision to authorize, or
refuse to authorize, a proposed settlement of a third party’s claim
against the client.
May I represent myself pro se in a court proceeding, i.e., to collect
fees owed by a former client?
May I perform pro bono work?
No. Such conduct by a suspended lawyer would constitute the unauthorized practice of law.
May I, with client consent, and having informed the client of my suspension,
file a motion to continue the client’s matter to a later date after
which my suspension has been lifted?
No. A lawyer who is counsel of record in a case has continuing duties
to the client of competence, diligence, and communication. A lawyer identified
in a case file as counsel of record holds himself out as authorized to
practice law and to receive notices and pleadings from the court and others. A
suspended lawyer is not the proper recipient of pleadings filed in a case, or
of other communications by or on behalf of the court and/or other litigants in
pending litigation. A suspended lawyer may not respond as a client’s
lawyer to other parties’ actions and filings in a pending case, and may
not give legal advice to the client during the period of suspension.
Accordingly, a suspended attorney must withdraw from every case in which he is
counsel of record since counsel of record must at all times during the
pendency of a case be authorized to practice law. Following reinstatement, the formerly suspended lawyer may resume
representation by substituting himself as counsel of record for the pro se
client or for a licensed attorney who served as counsel of record for the
client on an interim basis.
May I refer a client to another lawyer and collect a referral fee?
No. Rule 7.3(b) prohibits a lawyer from giving anything of value to a person for referring a
case. A referral fee is permitted if the requirements of
Rule 1.5(e) are satisfied, but the sharing of fees as permitted by that Rule is not
possible when one of the lawyers is suspended.
May I prepare an affidavit for my client’s successor lawyer for work
performed and fees earned before my suspension on that client’s matter?
Yes. Such conduct does not constitute the unauthorized practice of law.
May I bill and collect fees for work performed before my suspension?
Yes. Such conduct does not constitute the unauthorized practice of law.
What do I need to do to have my license reinstated?
It depends upon whether the suspension is with or without terms and whether
the duration of the suspension exceeds one year. All suspended lawyers must
comply with MCLE requirements.
Lawyers who are suspended for more than one year must pass the Multistate
Professional Responsibility Examination before reinstatement. A lawyer may not
return to good standing unless he or she has paid full dues for all years in
which the lawyer was active or eligible to return to active practice. For more
information about reinstatement following a misconduct suspension, see
Part Six, Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia. The Virginia State Bar
Regulatory Compliance Department answers questions about MCLE compliance and dues payment. The number is (804) 775-0530.
May my office set up appointments with clients for dates after my suspension
has expired?
Yes. A suspended lawyer must notify all clients in writing of the
suspension, pursuant to Part Six, Section IV, Paragraph 13-29
of the Rules of the Supreme Court of Virginia. No misrepresentations may be
made regarding the lawyer’s suspension.
During my suspension, may I respond to or meet with clients having questions
about my bills for past services rendered before my suspension?
Yes, as long as the discussion does not involve the suspended lawyer providing
legal advice.
During my suspension, may I continue to attend local bar association meetings
and CLE seminars?
May I hand out my business card at such events?
Yes, as long as no misrepresentations are made regarding the suspension and/or
the suspended lawyer’s authorization to practice law.
During my suspension may I discuss my former clients’ bills with them or
their new attorneys without appearing in court?
Yes, as long as the discussion does not involve the suspended lawyer providing
legal advice.
Do I need to turn in my bar card until the suspension is over?
Do I have to take down or deactivate my law firm web page, Facebook page or
LinkedIn page during my suspension? If I keep active the web page, Facebook
page or Linked-In page, must I put a disclaimer or statement that my license
has been suspended?
If a suspended lawyer remains eligible to practice law in another
jurisdiction, a disclaimer such as “NOT PRESENTLY AUTHORIZED TO PRACTICE
LAW IN VIRGINIA” will be sufficient. If Virginia is the only
jurisdiction of the licensure, then “NOT PRESENTLY AUTHORIZED TO
PRACTICE LAW” is acceptable.
May I continue to serve as a mediator during my license suspension?
Only if the parties are notified in advance and consent.
Do I have to inform the parties in mediation that my law license has been
suspended?
May I deposit or my office deposit advanced fees in my trust account for work
that will not commence until after my suspension is over?
No. A suspended lawyer may not give any legal advice or perform legal
services on behalf of a client. A client who entrusts a lawyer with a legal
matter should have unfettered access to that lawyer for advice and legal
services, even when circumstances suggest that legal services need not be
performed until a date following the suspended lawyer’s reinstatement. A
client may have questions concerning his legal matter while the lawyer remains
suspended, or circumstances may change, making it essential that the
client’s legal matter be addressed before the suspended lawyer is
reinstated. A client who wishes to engage a suspended lawyer to handle a legal
matter should retain his own funds pending the lawyer’s reinstatement
because the client’s resources may have to be used to engage a different
lawyer should legal advice or action be necessary while the suspended lawyer
remains ineligible to practice.
May I serve as a poll watcher or observer at a voter precinct during an
election?
The suspended lawyer must check with election officials to see if an active
law license is required for such functions. Even if eligible to serve in such
a capacity, if the lawyer was nominated or chosen for such a position because
of the lawyer’s law license, he or she must correct the misapprehension
that he or she is authorized to practice law.
If I apply for a new job or position as a lawyer, to commence work after my
suspension is over, must I disclose in the application or my bio that my
license was suspended?
The answer depends upon what questions must be answered in the employment
application. Even if the application, itself, does not expressly call for a
recitation of the lawyer’s disciplinary history, it would be deceitful
and thus ethical misconduct were the suspended lawyer to conceal the fact of
the suspension if the application is submitted during the period of suspension
and is based on an advertisement or job posting which seeks applications from
attorneys admitted to practice in Virginia.
If I am licensed in another jurisdiction, must I self-report the suspension of
my Virginia license to the other state’s professional regulatory
authority?
Probably, but it depends upon that jurisdiction’s rules. In Virginia, a
lawyer must report discipline by another jurisdiction under Rule 8.3(e)
of the Rules of Professional Conduct. Most states have a self-reporting
requirement.
If my license is suspended for less than a year, must I still pay my bar dues
and complete MCLE requirements for that year in which my license was
suspended?
May my office continue to answer phones and calls from clients?
Yes, as long as no misrepresentations are made about the suspension or the
suspended lawyer’s authorization to practice law.
May my office remain open for clients to pick up files and refund unearned
fees?
May I continue to serve as the administrator or executor of an estate?
Yes, as long as the will does not require or assume that the administrator or
executor is a licensed attorney. If the decedent designated the suspended
lawyer because of his or her law license, then the suspended lawyer must
resign upon suspension.
May I continue to serve on the legal committee for my homeowner’s
assoc., my church, or other civic association?
Yes, as long as the will does not require or assume that the administrator or
executor is a licensed attorney. If the decedent designated the suspended
lawyer because of his or her law license, then the suspended lawyer must
resign upon suspension.
May I continue to serve on the legal committee for my homeowner’s
assoc., my church, or other civic association?
A suspended lawyer may continue to serve on boards and committees, but may not
provide legal advice. If not, must I resign and explain that my license
was suspended by the bar? If the position requires the suspended lawyer to
give legal advice, the suspended lawyer must notify the board or committee in
writing and must not provide further legal advice while suspended.
May I run for commonwealth’s attorney if my suspension will be over by
the time the new commonwealth’s attorney takes office?
Yes, but a suspended lawyer may not misrepresent the suspension or his or her
authority to practice law during the suspension.
May I continue to assist my law firm with office lease renewal negotiations
with the Landlord?
Yes, if the negotiations do not involve the interpretation of law or the
provision of legal advice.
I “claimed” a location on Google Maps as my law office. Do I need
to compel Google to remove my claimed location? What if I cannot get the
claimed location removed? Will I be subject to more discipline?
A lawyer should make a diligent effort to have Google remove “law
office” references to the claimed location. If the effort fails, the Bar
will not seek to impose additional discipline. In some instances, such as with
a paper phone book, it is simply either impossible or impractical to delete or
modify references to a suspended attorney.