Chap. 7.—An ACT to amend and re-enact section 3424 of the Cate rginia,
as heretofore amended, relating to attorneys at law. 1

Approved February 3, 1934

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..I1f 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 unlawful
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 hearing
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, whicl. said two judges shall receive as compensation ten dollars
per day and necessary expenses while actually engaged in the perform-
ance of their duties, to be paid out of the treasury of the county or city
in which such court is held.

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 this section,
shall be construed to include the improper solicitation of any legal or
professional business or employment, either directly or indirectly, or
the failure, without sufficient cause, within a reasonable time after de-
mand, 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.