Paragraph 10-2 Advisory Opinions or Rules.

(A) Request for Advisory Opinion. Any Member may request a legal ethics opinion or unauthorized practice of law opinion. The request shall be submitted as a hypothetical on a form approved by the Committee. A request for an Advisory Opinion will be reviewed by Ethics Counsel and forwarded to the Committee for consideration. In its discretion, the Committee may decline to render an Advisory Opinion regarding a previously resolved issue, or any matter that is currently the subject of any disciplinary proceeding or litigation.

(B) Rules. The Committee may propose a new Rule or propose amendments, modifications, or repeal of existing Rules at its discretion. For rule changes that declare conduct as the unauthorized practice of law, the Bar shall seek comment from the Attorney General’s office analyzing any restraint on competition that might result from the adoption of the proposed change.

(C) Notice and Comments. The Committee shall provide Notice and opportunity for public comment on proposed Advisory Opinions or proposed Rules. Public comments shall be directed to the Executive Director of the Virginia State Bar. For proposed Advisory Opinions, the Committee will consider any comments received and either adopt, modify, or withdraw the opinion as an Advisory Opinion. If the Advisory Opinion is adopted or modified, the Committee shall ask for Council review in accordance with section 10-3. Advisory Opinions express the judgment of the Committee and are not binding on any judicial or administrative tribunal. In the case of a Rule, the Committee will consider any comments received and then submit the Rule to Council for consideration in accordance with section 10-3.

(D) Unauthorized Practice of Law Advisory Opinions. An unauthorized practice of law Advisory Opinion in which the Committee concludes that the conduct in question constitutes or would constitute the unauthorized practice of law shall be sent to Council in accordance with section 10-3. For these Advisory Opinions, the Bar shall seek comment from the Attorney General’s office analyzing any restraint on competition that might result from the promulgation and implementation of the opinion.

(E) Confidentiality. All Committee deliberations, memoranda, correspondence, and work product shall be confidential and privileged from discovery or subpoena and will not be provided to anyone absent a court order.