CHAPTER 201
An Act to amend and reenact § 54-74, as amended, of the Code of
Virginia, relating to procedures for the suspension or revocation of
licenses to practice law.
[H 25]

Approved March 6, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 54-74, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 54-74. (1) Issuance of rule—If the Supreme Court of Appeals,
or any court of record of this State, observes, 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 con-
duct 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 the case
a@ proper one 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.

(2) Judges hearing case.—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, which such two judges shall receive as compensation ten dollars per
day and necessary expenses while actually engaged in the performance of
their duties, to be paid out of the State treasury *, from the appropria-
tion for criminal charges. ,

(3) Duty of Commonwealth’s attorney.—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.

(4) Action of court—Upon the hearing, if the defendant be found
guilty by the court, his license to practice law in this State shall be re-
voked, 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.

(5) Appeal—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 transcript of the
record, which shall be made up and certified as in actions at law.

(6) “Any malpractice, or any unlawful or dishonest or unworthy or
corrupt or unprofessional conduct”, as used in this section, shall be con-
strued to include the improper solicitation of any legal or professional
business or employment, either directly or indirectly, or the acceptance of
employment, retainer, compensation or costs from any person, partnership,
corporation, organization or association with knowledge that such person,
partnership, corporation, organization or association has violated any
provision of article 7 of this chapter, 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 hands as such attorney; provided,
however, that nothing contained in this article shall be construed to in any
way prohibit any attorney from accepting employment to defend any
person, partnership, corporation, organization or association accused of
violating the provisions of article 7 of this chapter.

(7) Representation by counsel.—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.