Ride the Lightning

Virginia Supreme Court Approves Lawyer Wellness Rule Changes

November 7, 2018

There is a “lawyer wellness” movement developing across the country. I am happy to say that Virginia has boarded this train.

On October 31st, the Virginia Supreme Court approved various proposed rule amendments.

A change to Rule of Professional Conduct 1.1 adds a comment saying “A lawyer's mental, emotional, and physical well-being impacts the lawyer's ability to represent clients and to make responsible choices in the practice of law. Maintaining the mental, emotional, and physical ability necessary for the representation of a client is an important aspect of maintaining competence to practice law.” This change is effectively immediately.

Amendments to paragraphs 3 and 13 of the rules that govern the organization of the Virginia State Bar are effective January 1st and are responsive to the report of the National Task Force on Lawyer Well-Being and the court’s Committee on Lawyer Well-being’s recent report.

A revision to paragraph 13-30 allows bar prosecutors to make an informal referral of an attorney to a lawyer assistance program. Without consent, the assistance program cannot provide information back to the Bar Counsel office. The rule creates an exception to the normal standard of absolute confidentiality of bar discipline investigations.

There are several other changes, including one that allows for “retirement with dignity” when a lawyer is suffering from a permanent disability.

I am proud to serve on the President’s Special Committee on Wellness this year. My particular contribution appears to be teaching lawyers how to digitally detox! And yes, digital addiction can be as problematic as alcohol or drug addiction!

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