{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-4404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-4404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-4404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-4404.html"}],"law_id":76693,"edition_id":1,"section_id":76693,"structure_id":14544,"section_number":"38.2-4404","catch_line":"Liability of participating providers","history":"1978, c. 658, \u00a7 38.1-794; 1982, c. 387; 1986, c. 562; 1994, c. 224.","full_text":"A\n\nExcept for a plan established pursuant to § 38.2-4403, all participating providers in a plan shall be jointly and severally liable on all contracts made for the purposes of the plan by the organization as agent for them. Each contract may be executed and signed by their agent on their behalf. A contract so signed shall be binding on the participating providers and not on the agent.B\n\nActions for breach of these contracts may be brought against the participating providers by naming the agent as the sole defendant. A judgment in favor of the plaintiff may be satisfied out of the assets of the legal services organization or out of the assets of each of the participating providers.C\n\nEach participating provider shall be liable for his own torts and not for the torts of any other participating provider or of the agent.","order_by":null,"text":{"0":{"id":275300,"text":"Except for a plan established pursuant to § 38.2-4403, all participating providers in a plan shall be jointly and severally liable on all contracts made for the purposes of the plan by the organization as agent for them. Each contract may be executed and signed by their agent on their behalf. A contract so signed shall be binding on the participating providers and not on the agent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275301,"text":"Actions for breach of these contracts may be brought against the participating providers by naming the agent as the sole defendant. A judgment in favor of the plaintiff may be satisfied out of the assets of the legal services organization or out of the assets of each of the participating providers.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275302,"text":"Each participating provider shall be liable for his own torts and not for the torts of any other participating provider or of the agent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14544,"edition_id":1,"name":"Legal Services Plans","identifier":"44","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:48:36","date_modified":"2026-06-26 03:48:36","permalink":{"id":216961,"object_type":"structure","relational_id":14544,"identifier":"44","token":"38.2\/44","url":"\/38.2\/44\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67200,"structure_id":14544,"section_number":"38.2-4400","catch_line":"Definitions","url":"\/38.2-4400\/","token":"38.2\/44\/38.2-4400","metadata":false},{"id":66172,"structure_id":14544,"section_number":"38.2-4401","catch_line":"Certain contracts, etc., not deemed plans","url":"\/38.2-4401\/","token":"38.2\/44\/38.2-4401","metadata":false},{"id":56893,"structure_id":14544,"section_number":"38.2-4402","catch_line":"Repealed","url":"\/38.2-4402\/","token":"38.2\/44\/38.2-4402","metadata":false},{"id":56000,"structure_id":14544,"section_number":"38.2-4402.1","catch_line":"Corporate organization required","url":"\/38.2-4402.1\/","token":"38.2\/44\/38.2-4402.1","metadata":false},{"id":72704,"structure_id":14544,"section_number":"38.2-4403","catch_line":"The Virginia State Bar may sponsor plans","url":"\/38.2-4403\/","token":"38.2\/44\/38.2-4403","metadata":false},{"id":76693,"structure_id":14544,"section_number":"38.2-4404","catch_line":"Liability of participating providers","url":"\/38.2-4404\/","token":"38.2\/44\/38.2-4404","metadata":false},{"id":65331,"structure_id":14544,"section_number":"38.2-4405","catch_line":"Change of participating providers","url":"\/38.2-4405\/","token":"38.2\/44\/38.2-4405","metadata":false},{"id":68956,"structure_id":14544,"section_number":"38.2-4406","catch_line":"Board of directors of corporation operating plan","url":"\/38.2-4406\/","token":"38.2\/44\/38.2-4406","metadata":false},{"id":61494,"structure_id":14544,"section_number":"38.2-4407","catch_line":"Board of directors of plan created by attorneys","url":"\/38.2-4407\/","token":"38.2\/44\/38.2-4407","metadata":false},{"id":60078,"structure_id":14544,"section_number":"38.2-4408","catch_line":"Application of certain provisions","url":"\/38.2-4408\/","token":"38.2\/44\/38.2-4408","metadata":false},{"id":75181,"structure_id":14544,"section_number":"38.2-4408.1","catch_line":"Rehabilitation, liquidation, conservation","url":"\/38.2-4408.1\/","token":"38.2\/44\/38.2-4408.1","metadata":false},{"id":86796,"structure_id":14544,"section_number":"38.2-4409","catch_line":"Payments under plan","url":"\/38.2-4409\/","token":"38.2\/44\/38.2-4409","metadata":false},{"id":63734,"structure_id":14544,"section_number":"38.2-4410","catch_line":"Financial reports","url":"\/38.2-4410\/","token":"38.2\/44\/38.2-4410","metadata":false},{"id":77355,"structure_id":14544,"section_number":"38.2-4410.1","catch_line":"Examinations","url":"\/38.2-4410.1\/","token":"38.2\/44\/38.2-4410.1","metadata":false},{"id":74551,"structure_id":14544,"section_number":"38.2-4411","catch_line":"Subscriber to have free choice of participating providers available","url":"\/38.2-4411\/","token":"38.2\/44\/38.2-4411","metadata":false},{"id":67937,"structure_id":14544,"section_number":"38.2-4412","catch_line":"Subscriber to be advised in writing as to benefits and limitations thereon","url":"\/38.2-4412\/","token":"38.2\/44\/38.2-4412","metadata":false},{"id":85323,"structure_id":14544,"section_number":"38.2-4413","catch_line":"Licensing of organization","url":"\/38.2-4413\/","token":"38.2\/44\/38.2-4413","metadata":false},{"id":56736,"structure_id":14544,"section_number":"38.2-4414","catch_line":"Renewal of organization license","url":"\/38.2-4414\/","token":"38.2\/44\/38.2-4414","metadata":false},{"id":66329,"structure_id":14544,"section_number":"38.2-4415","catch_line":"Repealed","url":"\/38.2-4415\/","token":"38.2\/44\/38.2-4415","metadata":false},{"id":62348,"structure_id":14544,"section_number":"38.2-4416","catch_line":"Taxation","url":"\/38.2-4416\/","token":"38.2\/44\/38.2-4416","metadata":false},{"id":65595,"structure_id":14544,"section_number":"38.2-4417","catch_line":"Misleading applications or contracts","url":"\/38.2-4417\/","token":"38.2\/44\/38.2-4417","metadata":false},{"id":70492,"structure_id":14544,"section_number":"38.2-4418","catch_line":"Controversies involving subscription contracts","url":"\/38.2-4418\/","token":"38.2\/44\/38.2-4418","metadata":false}],"previous_section":{"id":72704,"structure_id":14544,"section_number":"38.2-4403","catch_line":"The Virginia State Bar may sponsor plans","url":"\/38.2-4403\/","token":"38.2\/44\/38.2-4403","metadata":false},"next_section":{"id":65331,"structure_id":14544,"section_number":"38.2-4405","catch_line":"Change of participating providers","url":"\/38.2-4405\/","token":"38.2\/44\/38.2-4405","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-4404\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 658 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 387; in 1986, chapter 562; in 1994, chapter 224<\/a>.<\/p>","references":false,"refers_to":[{"id":72704,"section_number":"38.2-4403","catch_line":"The Virginia State Bar may sponsor plans","order_by":null,"url":"\/38.2-4403\/"}],"permalink":{"id":216983,"object_type":"law","relational_id":76693,"identifier":"38.2-4404","token":"38.2\/44\/38.2-4404","url":"\/38.2-4404\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-4404\/","token":"38.2\/44\/38.2-4404","dublin_core":{"Title":"Liability of participating providers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-4404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except for a plan<\/span> established pursuant to § 38.2-4403<\/a>, all participating providers<\/span><\/span> in a plan<\/span> shall be jointly and severally liable on all contracts<\/span> made for the purposes of the plan<\/span> by the organization<\/span> as agent for them. Each contract<\/span> may be executed and signed by their agent on their behalf. A contract<\/span> so signed shall be binding on the participating providers<\/span><\/span> and not on the agent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Actions for breach of these contracts<\/span> may be brought against the participating providers<\/span><\/span> by naming the agent as the sole defendant<\/span>. A judgment<\/span> in favor of the plaintiff<\/span> may be satisfied out of the assets<\/span> of the legal services organization<\/span> or out of the assets<\/span> of each of the participating providers<\/span><\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each participating provider<\/span> shall be liable for his own torts<\/span> and not for the torts<\/span> of any other participating provider<\/span> or of the agent. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF PARTICIPATING PROVIDERS (\u00a7 38.2-4404)\n\nA. Except for a plan established pursuant to § 38.2-4403, all participating\nproviders in a plan shall be jointly and severally liable on all contracts made\nfor the purposes of the plan by the organization as agent for them. Each\ncontract may be executed and signed by their agent on their behalf. A contract\nso signed shall be binding on the participating providers and not on the agent.\n\nB. Actions for breach of these contracts may be brought against the\nparticipating providers by naming the agent as the sole defendant. A judgment in\nfavor of the plaintiff may be satisfied out of the assets of the legal services\norganization or out of the assets of each of the participating providers.\n\nC. Each participating provider shall be liable for his own torts and not for the\ntorts of any other participating provider or of the agent.\n\nHISTORY: 1978, c. 658, \u00a7 38.1-794; 1982, c. 387; 1986, c. 562; 1994, c. 224.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}