                                 CODE OF VIRGINIA

PROTECTION OF CLIENT INTERESTS IN PROCEEDINGS PENDING DISCIPLINARY ACTION (§
54.1-3936)

A. If Bar Counsel has reasonable cause to believe that an attorney is engaging
in any activity which is unlawful or violates the Virginia Rules of Professional
Conduct and which will result in loss of property of one or more of the
attorney&#8217;s clients or any other person, Bar Counsel may submit an ex parte
petition to the circuit court of the city or county wherein the attorney who is
the subject of the petition resides or is doing business for the issuance of an
order authorizing the immediate inspection by and production to representatives
of the petitioner of any records, documents, and physical or other evidence
belonging to the subject attorney or any professional partnership, professional
limited liability company, or professional corporation with which the subject
attorney is associated. The court may issue such order without notice to the
attorney if the petition, supported by affidavit of the petitioner and such
other evidence as the court may require, shows reasonable cause to believe that
such action is required to prevent immediate loss of property of one or more of
the subject attorney&#8217;s clients or any other person. The papers filed with
the court pursuant to this subsection shall be placed under seal.

B. If Bar Counsel has reasonable cause to believe that an attorney is engaging
in any activity which is unlawful or in violation of the Virginia Rules of
Professional Conduct and which will result in loss of property of one or more of
the attorney&#8217;s clients or any other person, Bar Counsel may file a
petition with the circuit court of the county or city wherein the subject
attorney resides or is doing business. The petition may seek the following
relief: (i) an injunction prohibiting the withdrawal of any bank deposits or the
disposition of any other assets belonging to or subject to the control of the
subject attorney or any professional partnership, professional limited liability
company, or professional corporation with which the subject attorney is
associated; and (ii) the appointment of a receiver for all or part of the funds
or property of the subject attorney&#8217;s law practice or of any professional
partnership, professional limited liability company, or professional corporation
with which the subject attorney is associated. The subject attorney shall be
given notice of the time and place of the hearing on the petition and an
opportunity to offer evidence. The court, in its discretion, may require a
receiver appointed pursuant to this section to post bond, with or without
surety. The papers filed with the court under this subsection shall be placed
under seal until such time as the court grants an injunction or appoints a
receiver. The court may issue an injunction, appoint a receiver or provide such
other relief as the court may consider proper if, after a hearing, the court
finds that such relief is necessary or appropriate to prevent loss of property
of one or more of the subject attorney&#8217;s clients or any other person.

C. In any proceeding under subsection B, any professional partnership,
professional limited liability company, or professional corporation with which
the subject attorney is associated and any other person or entity known to Bar
Counsel to be indebted to or having in his possession property, real or
personal, belonging to or subject to the control of the subject attorney&#8217;s
law practice and which property Bar Counsel reasonably believes may become part
of the receivership assets, shall be served with a copy of the petition and
notice of the time and place of the hearing.

D. The receiver shall, unless otherwise ordered by the court, (i) prepare and
file with the Virginia State Bar an inventory of all case files under the
subject attorney&#8217;s control; (ii) notify in writing all of the subject
attorney&#8217;s clients of the appointment and take whatever action the
receiver deems appropriate to protect the interests of the clients until such
time as the clients have had an opportunity to obtain successor counsel, and in
the case of a deceased attorney, notify in writing the personal representative,
if any, of the deceased attorney&#8217;s estate and the commissioner of accounts
of the circuit court in which the deceased attorney&#8217;s estate is being
administered that the receiver may have a claim against the deceased
attorney&#8217;s estate for fees and costs of the receivership; (iii) identify
and take control of all bank accounts, including without limitation trust and
operating accounts, over which the subject attorney had signatory authority in
connection with his law practice; (iv) prepare and submit an accounting of
receipts and disbursements and account balances of all funds under the
receiver&#8217;s control for submission to the court within four months of the
appointment and annually thereafter until the receivership is terminated by the
court; (v) attempt to collect any accounts receivable related to the subject
attorney&#8217;s law practice; (vi) identify and attempt to recover any assets
wrongfully diverted from the subject attorney&#8217;s law practice, or assets
acquired with funds wrongfully diverted from the subject attorney&#8217;s law
practice; (vii) terminate the subject attorney&#8217;s law practice; (viii)
reduce to cash all of the assets of the subject attorney&#8217;s law practice,
and in the case of a deceased attorney notify in writing the personal
representative, if any, of the deceased attorney&#8217;s estate, and the
commissioner of accounts of the circuit court in which the deceased
attorney&#8217;s estate is being administered of any proposed liquidations of
assets; (ix) determine the nature and amount of all claims of creditors,
including clients, of the subject attorney&#8217;s law practice; and (x) prepare
and file with the court a report of such assets and claims proposing a
distribution to such creditors and, in the case of a deceased attorney, notify
in writing the personal representative, if any, of the deceased attorney&#8217;s
estate and the commissioner of accounts of the circuit court in which the
deceased attorney&#8217;s estate is being administered of the proposed
distribution of the receivership funds. Upon the court&#8217;s approval of the
receiver&#8217;s report, at a hearing after such notice as the court may require
to creditors, the personal representative of the subject attorney&#8217;s estate
and the commissioner of accounts of the circuit court in which the deceased
attorney&#8217;s estate is being administered, the receiver shall distribute the
assets of the subject attorney&#8217;s law practice first to clients whose funds
were or ought to have been held in trust by the subject attorney, then to the
receiver for fees, costs, and expenses awarded pursuant to subsection E, and
thereafter to the general creditors of the subject attorney&#8217;s law
practice, including clients whose funds were not required to have been held in
trust by the subject attorney, and then to the subject attorney or the subject
attorney&#8217;s personal representative.

E. A receiver appointed pursuant to this section shall be entitled, upon proper
application to the court in which the appointment was made, to recover an award
of reasonable fees, costs, and expenses. If there are not sufficient nontrust
funds to pay the award, then the shortfall shall be paid by the Virginia State
Bar, to the extent that the Virginia State Bar has funds available. The Virginia
State Bar shall have a claim against the subject attorney or the subject
attorney&#8217;s estate for the amount paid.

F. The court may determine whether any assets under the receiver&#8217;s control
should be returned to the subject attorney or the subject attorney&#8217;s
personal representative during the receivership.

G. This statute is declared to be remedial. Its purpose is to protect the
interests of clients adversely affected by attorneys who have engaged in
misconduct. It is to be liberally administered in order to protect those
interests and thereby the public&#8217;s interest in the quality of legal
services provided by Virginia attorneys.

HISTORY: 1985, c. 418, § 54-74.01; 1988, c. 765; 1992, c. 574; 1997, c. 239;
2005, cc. 184, 212.