The relationship between attorney and client can be a lot like marriage. Sometimes they last a long time and both parties involved benefit from the relationship. Other times, for whatever reason, the attorney-client relationship can sour and end unfortunately. If the latter is the case, but you wind up resolving your differences, there is a change to the Virginia Rules of Professional Conduct of which all attorneys need to be aware.
On January 4, 2024, the Supreme Court of Virginia entered an Order granting the petition of the Virginia State Bar to amend Rule 8.4 of the Virginia Rules of Professional Conduct to add Rule 8.4 (f), which states that it is professional misconduct for a lawyer to “enter into an agreement with a client or former client limiting or purporting to limit the right of the client or former client to file or pursue any complaint before a lawyer regulatory or disciplinary authority”.
Lawyers must ensure their general release provisions avoid language that might be construed as limiting or prohibiting clients from filing bar complaints. The same is true of fee agreements; refrain from language that purports to limit your professional liability for malpractice (See Virginia Rule of Professional Conduct 1.8 (h)). Rules 1.8 (h) and brand new 8.4(f) apply to both separation agreements and prenups!!
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Paulo Franco is Counsel with ThompsonMcMullan, P.C. Prior to joining the firm in May of 2024, he served as Assistant Bar Counsel with the Virginia State Bar for 18.5 years. He also has experience in private practice, where he concentrated in commercial litigation, construction litigation, and professional liability defense.
It is imperative that bar complaints be dealt with immediately. Have you received a Complaint or a Proactive Letter from the Virginia State Bar? The attorneys at ThompsonMcMullan, P.C. are here to help you navigate the Disciplinary System and represent your interests. If you have questions about best practices in avoiding a bar complaint or need further information on how to run your trust account and handle fees, contact Paulo – (804) 698-6244.
