Rule 13-25 - Board Proceedings For ReinstatementA.Waiver of Confidentiality. The filing by a former Attorney of a petition for Reinstatement constitutes a waiver of all confidentiality relating to the petition, and to the Complaint or Complaints that resulted in, or were pending at the time the former Attorney resigned or his or her License was revoked.B.Investigation of Impairment in Reinstatement Matters. Upon receipt of notice or evidence that an individual seeking Reinstatement has or may have an Impairment, Bar Counsel must cause an Investigation to be made to determine whether there is reason to believe that the Impairment exists. As part of the Investigation of whether an Impairment exists, and for good cause shown in the interest of public protection, Bar Counsel may petition the Board to order the individual:1. To undergo at his or her expense psychiatric, physical or other medical examinations by qualified physicians or other health care providers selected by the Board;2. To provide appropriate releases to health care providers authorizing the release of his or her psychiatric, physical or other medical records to Bar Counsel and the Board for purposes of the Investigation and any subsequent Reinstatement Proceedings. The Board must hold a hearing to determine whether such examination(s) and releases(s) are appropriate, upon notice to the individual petitioning for Reinstatement.C.Readmission After Resignation. If after resigning from the Bar, a former Attorney wishes to resume practicing law in the Commonwealth of Virginia, the former Attorney must apply to the Board of Bar Examiners, satisfy the character and fitness requirements, and either pass the Bar examination or meet all eligibility requirements for admission without examination under Rule 1A:1. Before being readmitted to the Bar, the former Attorney must also satisfy any membership obligations that were delinquent when the former Attorney resigned.D.Reinstatement After Disciplinary Suspension for More than One Year. After a Suspension for more than one year, the License of the Attorney subject to the Suspension must not be considered for Reinstatement unless the Attorney has provided the Clerk clear and convincing evidence of proof of compliance that he or she has: 1. Attended 12 hours of continuing legal education, of which at least two hours must be in the area of legal ethics or professionalism, for every year or fraction thereof of the Suspension;2. Taken the Multistate Professional Responsibility Examination since imposition of discipline and received a scaled score of 85 or higher;3. Reimbursed the Bar's Clients' Protection Fund for any sums of money it may have paid as a result of the Attorney's Misconduct;4. Paid to the Bar all Costs that have been assessed against him or her, together with any interest due thereon at the judgment rate at the time the Costs are paid; and5. Reimbursed the Bar for any sums of money it may have paid as a result of a receivership involving Petitioner's law practice. Compliance with subparagraph 13-25.D will be determined by the Clerk. The Clerk will notify the Attorney of compliance or noncompliance. Upon a determination of compliance with the requirements of subparagraph 13-25.D, the Clerk will forward the request and supporting documentation to the Board for approval or disapproval of Reinstatement.
E.Petition for Reinstatement After Revocation. After a Revocation, a Petitioner may file with the Clerk a petition for Reinstatement, setting forth in that petition the reasons why his or her License should be reinstated. The Petitioner must comply with the requirements of subparagraph 13-25.F as a precondition to filing the petition. Compliance with subparagraph 13-25.F will be determined by the Clerk after the petition is filed, and the Clerk will notify the Petitioner of compliance or noncompliance. Upon a determination of compliance with the requirements of subparagraph 13-25.F, the Clerk will enter the petition on the docket of the Board and refer it to the office of Bar Counsel for investigation.F.Threshold Requirements for Reinstatement After Revocation. After a Revocation, Petitioner's License must not be considered for Reinstatement unless the Petitioner has provided clear and convincing evidence of proof of compliance with the following requirements: 1. No petition may be filed sooner than five years from the effective date of the Revocation;2. The petition has been filed under oath or affirmation with penalty of perjury;3. Within five years prior to the filing of the petition, Petitioner has attended 60 hours of continuing legal education, of which at least ten hours must be in the area of legal ethics or professionalism;4. The Petitioner has taken the Multistate Professional Responsibility Examination and received a scaled score of 85 or higher;5. The Petitioner has reimbursed the Bar's Clients' Protection Fund for any sums of money it may have paid as a result of Petitioner's Misconduct;6. The Petitioner has paid the Bar all Costs previously assessed against Petitioner, together with any interest due thereon at the judgment rate;7. The Petitioner has reimbursed the Bar for any sums of money paid as a result of a receivership involving Petitioner's law practice; and8. The Petitioner has posted with his or her petition for Reinstatement a $5,000 cash bond for payment of Costs resulting from the Reinstatement Proceedings.G.Reinstatement Proceedings After a Revocation. If the threshold requirements of subparagraph 13-25.F have been met, the following processes must ensue: 1.Investigation. Bar Counsel must conduct such Investigation and make such inquiry as it deems appropriate. On request of Bar Counsel, the Petitioner must promptly sign such forms and give such permission as are necessary to permit inquiry of the Petitioner's background through the Internal Revenue Service, the National Criminal Information Center, the National Criminal Information Network and any other similar information network or system. The petition for Reinstatement must not proceed without such forms and permissions being signed by Petitioner and returned to Bar Counsel.2.Bill of Particulars. On written request by Bar Counsel, served by certified mail, return receipt requested, a Petitioner seeking Reinstatement must file with the Clerk within 21 days after service of the request a bill of particulars setting forth the grounds for Reinstatement. The petition for Reinstatement must not proceed without such bill of particulars being filed with the Clerk.3.Completion of Investigation and Hearing Date. As soon as practicable, Bar Counsel must complete the Investigation and notify the Clerk and the Petitioner of the completion of the Investigation in writing. The Petitioner may elect to have further proceedings on the petition conducted by a three-judge circuit court by filing a demand with the Clerk not later than 21 days after Bar Counsel's notice of completion of Investigation is served. The demand must include the Petitioner's available dates for a hearing on the petition not less than 30 days nor more than 120 days after the date of the demand; however, the 30- to 120-day time frame does not constitute a deadline for the hearing to be held. If the Petitioner does not file a demand with the Clerk to have further proceedings conducted by a threejudge circuit court by the 21-day deadline, the Petitioner will be deemed to have consented to the jurisdiction of the Board. If the Petitioner elects further proceedings before a three-judge circuit court as set forth in this subsection, Bar Counsel must file a petition for rule to show cause, attaching the petition for Reinstatement, in the Circuit Court for the City of Richmond, and the chief judge must issue a rule against the Petitioner to show cause why the Petitioner's license should be reinstated. The Circuit Court for the City of Richmond must then certify the fact of issuance of the rule to show cause and the time and place of the hearing thereon to the Chief Justice of the Supreme Court, who must designate a three-judge circuit court consisting of three circuit court judges from any circuit to hold a hearing on the petition. The date of the hearing must be determined by the Clerk in consultation with the Bar Counsel and the Petitioner.4.Notice. Reasonable notice of filing of the petition and the date of the hearing must be distributed by mail or electronic means by the Clerk to all members of the Bar of the circuit in the jurisdictions in which the Petitioner resided, and of the circuit in which the Petitioner maintained a principal office, at the time of the Revocation. The Clerk must also distribute by mail or electronic means the notice to the members of the District Committee who heard the original Complaint, to members of the Board who heard the original Complaint, to the members of the District Committee for the judicial circuit in which the Petitioner currently resides, to the complaining witness or witnesses on all Complaints pending against the Petitioner before the Board, a District Committee or a court at the date of the Revocation or Suspension and to such other individuals as the Clerk deems appropriate. The Clerk must publish a synopsis of the petition in the Virginia Lawyer and in a newspaper of general circulation in the judicial circuit where the Petitioner currently resides and where the Petitioner maintained a principal office at the time of the Revocation or Suspension. The entire petition, as well as the transcript, exhibits, pleadings and orders from the original Disciplinary Proceedings and Bill of Particulars, together with the documents referred to in subparagraph 13-25.F above, must be available for inspection and copying at the office of the Bar on reasonable notice and on payment of costs incurred to make the copies.5.Proof of Good Character. Petitioner must prove by clear and convincing evidence that Petitioner is a person of honest demeanor and good moral character and possesses the requisite fitness to practice law. After a Revocation, an attorney's license must not be reinstated without such proof.6.Powers of the Board or a Three-Judge Circuit Court in Reinstatement Cases. The Board or, if designated, a three- judge circuit court is empowered to hold a hearing and make its recommendation to this Court either to approve or disapprove the petition.a.Hearing. On the date set for the hearing, the Petitioner has the right to representation by counsel, to examine and cross-examine witnesses and to present evidence. The testimony and other incidents of the hearing must be transcribed and preserved, together with all exhibits (or copies thereof) received into evidence or refused. Bar Counsel must appear and represent the Commonwealth and its citizens. Bar Counsel has the right to cross- examine, call witnesses and present evidence in opposition to the petition. Board or, if designated, three- judge circuit court members may examine witnesses called by either party. Legal advice to the Board or, if designated, three-judge circuit court, if required, must be rendered by the Office of the Attorney General.b.Factors to be Considered. In considering the matter prior to making a recommendation to this Court, the Board or, if designated, three-judge circuit court may consider the following factors: i. The severity of the Petitioner's Misconduct, including, but not limited to, the nature and circumstances of the Misconduct;ii. The Petitioner's character, maturity and experience at the time of his or her Revocation;iii. The time elapsed since the Petitioner's Revocation;iv. Restitution to the clients and/or the Bar;v. The Petitioner's activities since Revocation, including, but not limited to, his or her conduct and attitude during that period of time;vi. The Petitioner's present reputation and standing in the community;vii. The Petitioner's familiarity with the Virginia Rules of Professional Conduct and his or her current proficiency in the law;viii. The sufficiency of the punishment undergone by the Petitioner;ix. The Petitioner's sincerity, frankness and truthfulness in presenting and discussing factors relating to his or her Revocation and Reinstatement; and x. The impact upon public confidence in the administration of justice if the Petitioner's License is restored. c.Character Witnesses. Up to five character witnesses supporting and up to five character witnesses opposing the petition may be heard. In addition, the Board or, if designated, three-judge circuit court may consider any letters submitted regarding the Petitioner's character and fitness.d.Character and Fitness Determination. The Board or, if designated, threejudge circuit court must offer an opinion in its recommendation as to whether the Petitioner is a person of honest demeanor and good moral character and possesses the requisite fitness to practice law.e.Determination by the Board or the Three-Judge Circuit Court. The Board or, if designated, three-judge circuit court must, within 60 days after the receipt of the transcript, forward the record and its recommendations to this Court. A copy of the recommendation must be forwarded to the Petitioner and Bar Counsel. i. If the Board or, if designated, three-judge circuit court recommends Reinstatement, it may be conditioned upon Petitioner obtaining malpractice insurance coverage and/or a blanket fidelity bond or dishonesty insurance coverage in an amount(s) set by the Board or, if designated, three-judge circuit court from an approved professional insurance carrier for a definite term or on an ongoing basis.ii. At the conclusion of the Reinstatement Proceeding, the Clerk must determine the Costs associated with such Proceeding. The Clerk must refund any remaining surplus or must assess to the Petitioner any deficiencies that exist and submit a report on same to the Clerk of this Court as part of the Board's or, if designated, three-judge circuit court's recommendation order.iii. Upon approval of a petition by this Court, the Petitioner must meet the following requirements prior to and as a condition of his or her Reinstatement: a) Pay to the Bar any Costs assessed in connection with the Reinstatement Proceeding;b) Take and pass the written portion of the Virginia State Bar examination;c) If required by the Board or, if designated, three-judge circuit court, obtain and maintain a professional liability insurance policy issued by a company authorized to write such insurance in Virginia at the cost of the Petitioner in an amount and for such term as set by the Board or, if designated, three-judge circuit court; andd) If required by the Board or, if designated, three-judge circuit court, obtain and maintain a blanket fidelity bond or dishonesty insurance policy issued by a company authorized to write such bonds or insurance in Virginia at the Petitioner's cost in an amount and for such term as set by the Board or, if designated, three-judge circuit court.Amended by order dated February 27, 2009, effective 5/1/2009; amended by order dated May 29, 2009, effective 8/1/2009; amended by order dated December 17, 2015, effective 3/1/2016; amended by order dated October 2, 2019, effective 12/1/2019; amended by order dated May 17, 2021, effective 7/16/2021; order dated March 1, 2023, effective 4/30/2023; order dated May 9, 2023, effective 5/9/2023; order dated September 29, 2023, effective 11/28/2023.