Paragraph 10-6 Complaints of Unauthorized Practice of Law.

(A) Review of Complaints. Ethics Counsel shall review all written complaints alleging unauthorized practice of law and either dismiss the complaint, if no violation is identified in the complaint, or open it for investigation. If the complaint is opened, Ethics Counsel shall send notice of the complaint to the Respondent, requesting a written response. After review of any response from Respondent, or if Respondent submits no response, Ethics Counsel may dismiss the complaint, recommend a disposition subject to review by the Clerk of the Disciplinary System in accordance with paragraph (E), or refer the complaint for full investigation.

(B) Summons or Subpoena. If a summons or subpoena is necessary for investigation of a matter outlined in section 10-6.A., Ethics Counsel may issue such a summons or subpoena in the name of the Commonwealth. Ethics Counsel or a Virginia State Bar investigator may use a summons to examine a witness or to obtain statements from persons having knowledge about the subject of the complaint.

(C) Enforcement of Summons or Subpoena. Every Circuit Court shall have power to enforce a summons or subpoena issued by the Ethics Counsel and to adjudge disobedience thereof as contempt.

(D) Review of Investigative Report and Disposition. After review of an investigative report, Ethics Counsel may dismiss the complaint or, if Ethics Counsel believes the investigation establishes probable cause that the Respondent engaged in UPL, Ethics Counsel may, after an independent review by the Clerk of the Disciplinary System: (a) dismiss the complaint with a letter of caution; (b) issue a letter agreement in which the Respondent agrees to cease the activity challenged as UPL; or (c) refer the investigation to the Attorney General, a Commonwealth’s Attorney, or other appropriate agency for action.

(E) Review by the Clerk of the Disciplinary System. Other than decisions to dismiss a complaint for insufficient evidence or other good cause, the Clerk of the Disciplinary System, a non-lawyer, shall actively supervise and independently review all recommendations of Ethics Counsel regarding disposition of a complaint. The Clerk may veto or modify the recommendations, after undertaking an independent analysis of the recommendation. The Clerk’s decisions shall be final, and not subject to review by Ethics Counsel. The amendments effective March 19, 2010, rewrote Paragraph 10. The amendments effective October 30, 2015, rewrote Paragraph 10-2 C. and 10-3 A. The amendments effective May 1, 2016, in 10-1, changed definition for “Committee” and “Rule”; in 10-2 A. deleted the word “appropriate” from “…to the appropriate Committee….”; deleted 10-2 D. “Appeal” and re-lettered paragraphs “E.” and “F.” to “D.” and “E.”; rewrote “10-6. COMPLAINTS OF UNAUTHORIZED PRACTICE OF LAW.” The amendments effective December 15, 2016, in 10-4 added "which shall become a decision of the Court."