Chap. 457.—An ACT to amend and re-enact sections 3418 and 3424 of the CreJe
of Virginia, section 3418 of which as heretofore amended. [H B 299j

Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-four hundred and eighteen and thirty-four hundred and
twenty-four of the Code of Virginia, section thirty-four hundred and
eighteen of which, as amended, be amended and re-enacted so as to
read as follows:

Section 3418. No one shall take any examination until he shall file
with said board a certificate from the circuit court of the county. or
the corporation court of the city wherein he resides, that he is a per-
son of honest demeanor, of good moral character and is over the age
of twenty-one years.

No such certificate shall be made by any such court, unless and
until the name of the person applying therefor, has been submitted
by the court, to three attorneys, practicing before such court, who shall
make a thorough investigation of the moral character and fitness oi
the applicant and make a report of their findings to the court, but such
report shall not be binding on the court.

Section 3424. If the supreme court of appeals, or any court of
record of this State, observe, or if complaint, verified by afhdavit, be
made by any person to such court of any malpractice or of any unlaw-
ful or dishonest or unworthy or corrupt or unprofessional conduct on
the part of any attorney therein, or that any person practicing law is
not duly licensed to practice in this State, such court shall, if it deems
a proper case for such action, issue a rule against such attorney or
other person to show cause why his license to practice law shall not be
revoked or suspended.

At the time such rule is issued the court issuing the same shall
certify the fact of such issuance and the time and place of the hearing
thereon, to the president of the supreme court of appeals, who shall
designate two judges, other than the judge of the court issuing the
rule, of circuit courts or courts of record of cities of the first class to
hear.and decide the case in conjunction with the judge issuing the
rule which said two judges shall receive as compensation ten doil!ars
per day and necessary expenses while actually engaged in the per-
formance of their duties.

It shall be the duty of the attorney for the Commonwealth for the
county or city in which such case is pending to appear at the hearing
and prosecute the case.

Upon the hearing, if the defendant be found guilty by the court,
his or her license to practice law in this State shall be revoked, or
suspended for such time as the court may prescribe; provided that the
court, in lieu of revocation or suspension, may, in its discretion, repri-
mand such attorney. The person or persons making the complaint or
the defendant, may, as of right, appeal from the judgment of the court
to the supreme court of appeals by petition based upon a true tran-
script of the record which shall be made up and certified as in actions
at law. The words “any malpractice, or any unlawful or dishonest or
unworthy or corrupt or unprofessional conduct,” as used in thts sec-
tion, shall be construed to include the failure, without sufficient cause,
within a reasonable time after demand, of any attorney at law, to pay
over and deliver to the person entitled thereto, any money, security or
other property, which has come into his or her hands as such attorney.
In any proceedings to revoke or suspend the license of an attorney
under this or the preceding section, the defendant shall be entitled to
representation by counsel.