CHAPTER 213

An Act to amend the Code of Virginia by adding a section numbered
8-67.5, to provide that the appearance as counsel, by any attorney at
law, in any proceeding before any court, board, agency or legislative
committee in this State, shall be deemed equivalent to an appointment,
by such attorney, of the Clerk of the Supreme Court of Appeals and
his successors in office, to be the true and lawful attorney of such
attorney upon whom may be served all lawful process against and
notice to such attorney in any action, proceeding, or inquiry con-
cerning his participation in any such proceeding in which he appeared
as counsel; to provide for service of process or notice upon the Clerk
of the Supreme Court of Appeals in such instances; to provide how
process or notice may be mailed such attorney; to require such attorney
at law, having been so served to appear in response thereto; to pro-
vide penalties for refusal to appear; and to provide for continuances
in certain instances.

[H 425]

Approved March 7, 1958

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
8-67.5 as follows:

§ 8-67.5. When any attorney at law, resident or nonresident, appears
in any proceeding before any court, board, agency or legislative committee
in this State as counsel, his appearance shall be deemed equivalent to an
appointment by such attorney of the Clerk of the Supreme Court of Ap-
peals and his successors in office to be the true and lawful attorney of
such attorney at law upon whom may be served all lawful process against
and notice to such attorney at law in any action, proceeding or inquiry
concerning the appearance of such attorney at law as counsel in any such
proceeding before any such court, board, agency or legislative committee;
such appearance as counsel by any such attorney shall be a signification
of his agreement that any such process against, or notice to, him when
it is so served shall be of the same legal force and validity as if served
upon him personally in the county or city in which such proceeding was
had or in which such inquiry may be instituted and of his agreement to
appear in response to such process or notice.

Any such attorney shall likewise be deemed to have consented that
the appointment of the Clerk of the Supreme Court of Appeals and his
successors in office, as the true and lawful attorney of such attorney upon
whom may be served all lawful process and notice pursuant to the pro-
visions of this section, shall be irrevocable and binding upon such attorney.

Service of such process or notice shall be made by leaving a copy of
the process or notice, together with a fee of three dollars, plus one dollar
additional for each defendant over one to be thus served, in the hands of
the Clerk of the Supreme Court of Appeals or in his office in the city of
Richmond, Virginia, and such service shall be sufficient upon such attorney,
provided, that notice of such service and a copy of the process or notice
are forthwith sent by registered or certified mail, with return delivery
receipt requested, by the Clerk of the Supreme Court of Appeals to such
attorney at his address as shown by the most recent directory or register
of attorneys or telephone or city directory, and an affidavit of compliance
herewith by such Clerk, or some one designated by him for that purpose
and having knowledge of such compliance, shall be forthwith filed with
the attorney or officer representing those making inquiry into the ap-
pearance of any such attorney as counsel in any such proceeding. The
mailing required by this section shall be to such last known post office of
such attorney, but if there is left with the Clerk of the Supreme Court of
Appeals, along with the notice of process, an affidavit of the person seeking
such service that he has made diligent effort, but has been unable to ascer-
tain any post office address of such attorney, service of the notice or
Lg shall be valid without the mailing otherwise required by this
on.

The court, board, agency or legislative committee in which such action,
proceeding or inquiry is pending may order such continuances as may be
necessary to afford any such attorney reasonable opportunity to appear.

Any attorney failing or refusing to appear in response to any process
or notice served in accordance herewith may be reported to the Supreme
Court of Appeals and the Virginia State Bar which shall suspend his
privilege to appear as counsel in any proceeding of whatsoever nature in
this State until such time as such attorney appears and answers questions
concerning his appearance in such earlier proceeding concerning which
his presence is sought in connection with an inquiry thereunto pertaining.