These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 
 Back to main menu
  Topic: 59 - Disbarred and Suspended Lawyers
LEO NumTopicsSummaryDate
1514

printPrint
5-Lawyers Changing Jobs

32-Lawyers Acting in Other Roles (Miscellaneous)

59-Disbarred and Suspended Lawyers

A collection lawyer disbarred for reasons other than misconduct involving clients may not perform clerk-like work for former clients even if under the direct supervision of a lawyer in another firm. The former lawyer may perform clerk-like work for those who were not former clients. 4/12/1993
1132

printPrint
8-Bills and Fees

59-Disbarred and Suspended Lawyers

A discharged lawyer must provide a complete accounting to the former client for all advanced fees (overruling LEO 431 to the extent it is inconsistent). 11/16/1988
0970

printPrint
55-Firm Names and Letterhead

59-Disbarred and Suspended Lawyers

A law firm may not pay a disbarred lawyer for work the lawyer performed before disbarment. A law firm may include a non-lawyer's name on its stationery as long as the stationery explains the non-lawyer's status. 9/30/1987
1260

printPrint
59-Disbarred and Suspended Lawyers

A law firm may not use the services of an insurance adjusting company headed by a disbarred former associates of two of the lawyers in the law firm, because the disbarred lawyer would be rendering services for lawyers with whom the disbarred lawyer was associated after the date on which the wrongdoing occurred. 9/21/1989
0809

printPrint
38-Fee Splitting

59-Disbarred and Suspended Lawyers

A lawyer may not divide a contingent fee with a lawyer whose license was revoked after the fee was received. [This LEO was overruled in LEO 1218.] 6/25/1986
1111

printPrint
38-Fee Splitting

59-Disbarred and Suspended Lawyers

A lawyer may not split a fee with another lawyer who had worked on the matter but whose license was later suspended because the lawyer became mentally disabled (the lawyer was not guilty of any wrongdoing). [To the extent it is inconsistent, this LEO was overruled by LEO 1218.]8/1/1988
0934

printPrint
28-Law Firm Staff

38-Fee Splitting

45-Law Firms - Miscellaneous

59-Disbarred and Suspended Lawyers

A lawyer may not: pay a lump sum to a disbarred lawyer to take over the practice; pay for the disbarred lawyer's yellow page advertisement; divide a contingent fee with the disbarred lawyer; employ the disbarred lawyer as a legal assistant on a set salary; and take over the disbarred lawyer's phone number and answer the telephone as "law offices." [To the extent it is inconsistent, this LEO was overruled by LEO 1218.]6/16/1987
0524

printPrint
59-Disbarred and Suspended Lawyers

A lawyer may operate the office of a suspended lawyer if there is no association between them, the suspended lawyer is not in the office during business hours and the clients consent. [This LEO was overruled by LEO 824 to the extent they are inconsistent.]9/13/1983
1365

printPrint
32-Lawyers Acting in Other Roles (Miscellaneous)

59-Disbarred and Suspended Lawyers

A lawyer represented a client until the lawyer's license was revoked. The former lawyer then worked as a counselor at a hospital. While the former lawyer was working at the hospital, the former client's spouse was admitted. The former lawyer did not act as the spouse's counselor at the hospital. When the former lawyer's license was reinstated, the lawyer was approached by the client to represent the client in a dispute with the spouse.Because the former lawyer was not acting in a legal capacity while at the hospital, there could be no attorney-client relationship established with the spouse who was a patient at the hospital. However, a lawyer's independent professional judgment might be affected by duties of another profession to keep confidences. Furthermore, violation of another profession's duties might amount to a violation of a lawyer's ethical duties. 7/31/1990
1218

printPrint
59-Disbarred and Suspended Lawyers

A suspended or disbarred lawyer is entitled to receive compensation for work performed before the suspension, as long as the work is not related to the matter resulting in the lawyer's suspension. 5/8/1989
0694

printPrint
45-Law Firms - Miscellaneous

59-Disbarred and Suspended Lawyers

An associate may not continue a firm's practice if the partners have lost their licenses, although the associate may maintain an independent practice as long as there is no misrepresentation and the clients understand the situation.5/10/1985
1044

printPrint
36-Withdrawal from Representations

59-Disbarred and Suspended Lawyers

Former partners of a disbarred lawyer may use an adjusting company that employs the disbarred lawyer as an adjuster as long as the disbarred lawyer does not practice law or hold himself or herself out as a lawyer. 3/1/1988
1852

printPrint
59-Disbarred and Suspended Lawyers

Under Virginia Rule 5.5, a law firm may not employ "in any capacity" a lawyer whose license was revoked or suspended for any misconduct if the lawyer was associated with the law firm while the lawyer engaged in the alleged misconduct, regardless of when the lawyer was convicted of a crime or the date the bar revoked or suspended the lawyer's license. Another law firm may employ the disciplined lawyer, but if the disciplined lawyer serves at that law firm "as a consultant, law clerk, or legal assistant" that law firm may not represent: (1) any client previously represented by the disciplined lawyer; or (2) any client represented by the disciplined lawyer's law firm on or after the date of the disciplined lawyer's wrongdoing at the former firm. The disciplined lawyer's former firm could not retain an "adjusting firm" to provide services to the law firm -- if the disciplined lawyer was the adjusting firm's chief executive officer. However, other law firms or companies can retain a company to provide non-legal services, even if the disciplined lawyer owns or is employed by the company providing such non-legal services.12/9/2009

Copyright 2000, Thomas E. Spahn