Chap. 129.—An ACT to amend and re-enact section 3424 of the Code of Virginia,
as heretofore amended, relating to attorneys-at-law. [H B 78]

Approved March 10, 1932

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

Section 3424. If the supreme court of appeals, or any court of
record of this State, observe, or if complaint, verified by affidavit, be
made by any person to such court of any malpractice or of any un-
lawful or dishonest or unworthy or corrupt or unprofessional conduct
on the part of any attorney, 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 hear-
ing thereon, to the chief justice 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 dol-
lars 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 hear-
ing 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,
reprimand such attorney. The person or persons making the com-
plaint 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 transcript 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 this section, shall be construed to include the improper solici-
tation of any legal or professional business or employment, either di-
rectly or indirectly, or 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 repre-
sentation by counsel.