CHAPTER 33

An Act to amend and reenact §§ 54-74, 54-78 and 54-79 of the Code of
Virginia, relating, respectively, to procedure for suspension and revo-
cation of licenses of attorneys at law, and to running and capping.

[H 61]
Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:
1. That §§ 54-74, 54-78 and 54-79 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
ar 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 treasury of the county
or city in which such court is held.

(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 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.

(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, partner-
ship, 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; pro-
vided, 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.

§ 54-78. As used in this article:

(1) A “runner” or “capper” is any person, corporation, partnership
ar association acting in any manner or in any capacity as an agent for
an attorney at law within this State or for any person, partnership,
corporation, organization or association which employs, retains or com-
pensates any attorney at law in connection with any judicial proceeding
tn which such person, partnership, corporation, organization or association
is not a party and in which it has no pecuniary right or liability, in the
solicitation or procurement of business for such attorney at law * or for
such person, partnership, corporation, organization or association in con-
nection with any judicial proceedings for which such attorney or such per-
son, partnership, corporation, organization or association is employed,
retained or compensated.

The fact that any person, partnership, corporation, organization or
association is a party to any judicial proceeding shall not authorize any
runner or capper to solicit or procure business for such person, partnership,
corporation, organization or association or any attorney at law employed,
retained or compensated by such person, partnership, corporation, organi~
zation or association.

(2) An “agent” is one who represents another in dealing with a third
person or persons.

§ 54-79. It shall be unlawful for any person, corporation, partner-
ship or association to act as a runner or capper * as defined in § 54-78 to
solicit any business for * an attorney at law or such person, partnership,
corporation, organization or association, in and about the State prisons,
county jails, city jails, city prisons, or other places of detention of persons,
city receiving hospitals, city and county receiving hospitals, county hos-
pitals, police courts, * county courts, municipal courts, * courts of record,
or in any public institution or in any public place or upon any public street,
or highway or in and about private hospitals, sanitariums or in and about
any private institution or upon private property of any character what-
soever.

2. An emergency exists and this act is in force from its passage.