CHAPTER 622

An Act to amend and reenact §§ 54-78 and 54-79, as amended, 54-82 and
54-88 of the Code of Virginia, relating to runners and cappers, and to
amend the Code of Virginia by adding in Chapter 4 of Title 54 an
article numbered 8, containing a section numbered 54-88.1:1, relating
to solicitation of professional employment, and to repeal §§ 54-80 and
54-81 of the Code of Virginia, relating to runners and cappers.

fH 800]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 54-78 and 54-79, as amended, 54-82 and 54-83 of the Code of
Virginia be amended and reenacted, and that the Code of Virginia be
amended by adding in Chapter 4 of "Title 54 an article numbered 8 con-
taining a section numbered 54-83.1:1, the amended and new sections being
as follows:

§ 54-78. As used in this article:

* (a) A “runner” or “capper” is any person * acting * within this
State * as an agent for an attorney at law in the solicitation * of pro-
fessional employment for such attorney at law.

) An “agent” is one who * acts for another with or without com-
pensation at the request, or with the knowledge and acquiescence, of the
other in dealing with a third person or persons.

(c) “Solicitation of professional employment’ is the obtaining or
attempting to obtain for an attorney at law representation of some other
person to render legal services for such other person and whereby such
attorney at law will or may receive compensation; provided that neither
conduct limited to mere statements of opinion respecting the ability of a
lawyer, nor conduct pursuant to a uniform legal aid or lawyer referral
plan approved by the Virginia State Bar, shall be deemed the solicitation
of professional employment.

(d) A “person” is any person, firm, corporation, partnership or
association.

§ 54-79. It shall be unlawful for any person * to act singly or in
concert with others as a runner or capper * for an attorney at law * .

§ 54-82. Any person * violating * the provisions of this article shall
be guilty of a misdemeanor, and shall be * punished as provided by
§ 18.1-9. In addition to such punishment, any person * employed as an
officer, director, trustee, clerk, servant or agent of this State or of any
county, city or other municipal corporation or subdivision thereof who
shall be found guilty of violating * the provisions of this article shall
forfeit the right of his office and his employment.

§ 54-83. Any contract for professional * employment secured by *
an attorney * at law through the service of a runner or capper shall be
void and unenforceable.

Article 8.
Solicitation of Professional Employment

§ 54-88.1:1. (a) As used in this article:

(1) An “agent” and a “person” shall have the same meaning as
defined in Article 7 of this Title.

(2) To “solicit professional employment” is to obtain or attempt to
obtain for an attorney at law representation of some other person to
render legal services for such person for which the attorney at law will
or may receive compensation.

(b) It shall be unlawful for an attorney at law having no legal duty
to do so to solicit professional employment either directly or through an
agent; provided, that such solicitation shall not be unlawful when made of
one related to the attorney at law by blood or marriage for the purpose of
aiding the one so related in a matter in which he or she has a direct
personal interest, or when conducted pursuant to a uniform legal aid or
lawyer referral plan approved by the Virginia State Bar.
(c) Any attorney at law violating the provisions of this article shall
he guilty of a misdemeanor and shall be punished as provided by § 18.1-9.

(d) Any contract for professional employment secured by an attorney
ut law in violation of this article shall be void and unenforceable.
2. That §§ 54-80 and 54-81 of the Code of Virginia are repealed.
3. If any part or parts, section, subsection, sentence, clause or phrase
of this act or the application thereof to any person or circumstance is
for any reason declared unconstitutional, such decision shall not affect
the validity of the remaining portions of this act which shall remain in
force as if such act had been passed with the unconstitutional part or
parts, section, subsection, sentence, clause, phrase or such application
thereof eliminated; and the General Assembly hereby declares that it
would have passed this act if such unconstitutional part or parts, section,
subsection, sentence, clause or phrase had not been included herein, or if
such application had not been made.