Paragraph 13-29 Duties of Disbarred or Suspended Respondent

(A) Duties After Suspension or Revocation. After a Suspension against a Respondent is imposed by either a Summary Order or Memorandum Order and no stay of the Suspension has been granted by this Court, or after a Revocation against a Respondent is imposed by either a Summary Order or Memorandum Order, Respondent must forthwith give notice, by certified mail, of his or her Revocation or Suspension to all clients for whom he or she is currently handling matters and to all opposing Attorneys and the presiding Judges in pending litigation. The Respondent must also make appropriate arrangements for the disposition of matters then in his or her care in conformity with the wishes of his or her clients. The Respondent must give such notice immediately and in no event later than 14 days of the effective date of the Revocation or Suspension, and make such arrangements as are required herein as soon as is practicable and in no event later than 45 days of the effective date of the Revocation or Suspension. The Respondent must also furnish proof to the Clerk within 60 days of the effective date of the Revocation or Suspension that such notices have been timely given and such arrangements have been made for the disposition of matters. The Board must decide all issues concerning the adequacy of the notice and arrangements required herein. The burden of proof is on the Respondent to show compliance. If the Respondent fails to show compliance, the Board may impose a sanction of Revocation or additional Suspension for failure to comply with the requirements of this subparagraph 13-29.

(B) Optional Demand for Three-Judge Circuit Court. If the Respondent or Bar Counsel elects to have further proceedings conducted pursuant to Va. Code § 54.1-3935, the Respondent or Bar Counsel must file a demand with the Clerk within 10 days of the date of mailing of the petition for show cause and simultaneously provide available dates for a hearing not less than 30 nor more than 120 days from the date of the demand. Upon such demand and provision of available dates as specified above, further proceedings before the Board must be terminated and Bar Counsel must file the complaint required by Va. Code § 54.1-3935. The hearing must be scheduled as soon as practicable. However, the 30- to 120-day time frame does not constitute a deadline for the hearing to be held. If the Respondent fails to file a demand, and provide available dates, as specified above, the Respondent or Bar Counsel is deemed to have consented to the jurisdiction of the Board. The amendments effective December 1, 2025, revised Paragraph 13-29(B). The amendments effective November 28, 2023, revised Paragraph 13-29 to add sub-paragraph "B. Demand for Three-Judge Circuit Court" to add a specific mechanism and deadline for a Respondent to elect a three-judge circuit court in show cause proceedings for failure to comply with Duties of Disbarred or Suspended Respondent. The amendments effective July 16, 2021, revised Paragraph 13 to promote greater fairness, efficiency, consistency, and transparency in bar proceedings.