2006 Code of Virginia § 54.1-3937 - Procedure for revocation of certificate of registration of professional law corporations or profess...
54.1-3937. Procedure for revocation of certificate of registration ofprofessional law corporations or professional limited liability companies.
A. If the Supreme Court, the Court of Appeals or any circuit court of thisCommonwealth observes, or if a complaint, verified by affidavit, is made byany person to a circuit court having jurisdiction where the alleged violationoccurred, that any law corporation or professional limited liability companyhas willfully failed to comply with the applicable ethical standards of theCode of Virginia of Professional Responsibility or the applicable statutesgoverning professional corporations or professional limited liabilitycompanies, such court may issue a rule against such law corporation or lawprofessional limited liability company to show cause why its certificate ofregistration should not be revoked. If the complaint, verified by affidavit,is made by the Bar Counsel or a district committee of the Virginia State Bar,the court shall issue a rule against the law corporation or law professionallimited liability company to show cause why its certificate of registrationshould not be revoked. However, such rule shall not issue if the violationis (i) that of one or several persons only and the interest of justice andthe protection of the public can be fairly served by appropriate disciplinaryproceedings against the individuals involved, or (ii) that the lawcorporation does not have a valid certificate of registration.
B. If the rule is issued by the Supreme Court, the rule shall be returnableto the Circuit Court of the City of Richmond. At the time the rule is issued,the Chief Justice of the Supreme Court shall designate three circuit courtjudges to hear and decide the case.
If the rule is issued by a circuit court or the Court of Appeals, it shallthereupon certify the fact of such issuance to the Chief Justice of theSupreme Court. The Chief Justice shall designate three circuit court judgesof circuits other than the circuit in which the case is pending to hear anddecide the case.
C. Bar Counsel of the Virginia State Bar shall prosecute the case. Specialcounsel may be appointed to prosecute the case pursuant to 2.2-510.
D. If, after notice and opportunity to be heard, the law corporation or lawprofessional limited liability company is found guilty by the court of awillful failure to comply with the applicable ethical standards in theCode of Virginia of Professional Responsibility or the applicable statutesgoverning professional corporations or professional limited liabilitycompanies, the court may (i) reprimand the professional corporation orprofessional limited liability company, (ii) put it on terms to comply withthe applicable law or ethical standards within a reasonable time uponcondition that failure to comply shall constitute grounds for suspension orrevocation of the certificate of registration or for other disciplinaryaction, or (iii) suspend or revoke the certificate of registration. If theviolation is such that it can be corrected upon notice to the law corporationor law professional limited liability company and it is corrected to thesatisfaction of the court, or if the violation is that of one or severalpersons only, the certificate of registration shall not be suspended orrevoked if the interest of justice and the protection of the public can befairly served by applicable disciplinary proceedings against the individualsinvolved.
E. The law corporation or professional limited liability company may, as ofright, appeal from the judgment of the court to the Supreme Court by petitionbased upon a true transcript of the record, which shall be made up andcertified as in actions at law. In all cases where a professionalcorporation's or professional limited liability company's certificate ofregistration has been revoked or suspended by the court, such revocation orsuspension shall be suspended pending appeal.
F. In any proceedings under this section the defendant shall be entitled to afull and fair hearing and representation by counsel.
(1974, c. 674, 54-74.1; 1980, c. 289; 1984, c. 703; 1988, c. 765; 1992, c.574.)
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