Bar Counsel’s Message by Renu M. Brennan Weathering This Storm for Our Profession and the Public unprecedented ways, the COVID-19 pandemic presents lawyers with the opportunity to serve the community and emphasize our value and dedi-cation to our clients and society. It’s a chance for lawyers to shine, maintain-ing commitments to clients and their needs, while minimizing exposure. As of publication, law firms may remain open, 1 teleworking to the greatest extent feasible. Clients may leave their residences for the purpose of obtaining legal services. 2 Attorneys must – as well we should -adhere to social distancing consistent with state and federal guidance. 3 When it is not feasible to telework, we should not gather in groups of more than ten people 4 . By Orders entered March 16, 2020 and March 27, 2020, the Supreme Court of Virginia declared and extend-ed a judicial emergency through April 26, 2020. As set forth in the Orders, courts and clerks’ offices remain opera-tional, while, with certain exceptions, deadlines are extended. Fortunately, the internet and a plethora of virtual resources facilitate the practice of law. We are luckier than many other professions and trades, in terms of being well suited to telework. We are also buoyed by our peers. It is heartening to see lawyers, firms, and bars galvanize to support our profes-sion, and in turn, clients and the pub-lic. The VBA, VTLA, Fastcase, Virginia CLE, and many other providers and groups are offering conference calls, webinars, and guidance on how best to navigate in this time. Virginia’s Judges and Lawyers Assistance Program remains open and available around the clock. The dialogue, collaboration, and While challenging us in resources from the legal community underscore the best of the legal profes-sion. We also recognize that, even with the available resources, this is a hard time for lawyers. Lawyers ultimate-ly serve the public, and, when they cannot meet with clients or attend court, they cannot earn fees. Many attorneys, like the public they serve, are experiencing financial difficulties and are having to make hard deci-sions regarding rent and staff. As they make these difficult decisions, lawyers must remember that their ultimate responsibility is to their clients and the profession. Throughout this crisis, the Bar will continue to support and regulate law-yers and protect the public. The Bar’s Ethics Hotline is open and responding to calls and emails. The discipline department continues to manage our critical system of self-regulation, including encouraging electronic sub-mission of complaints, and exploring virtual resources to facilitate investiga-tions and hearings. The Bar, like other agencies, is focused on mission-critical operations. Attorneys continue to step up and assist the clients of lawyers who can no longer practice law and have no succession plan. As required by the Executive Orders, as much as possible can and will be done by mail and email. By Order entered March 31, the Circuit Court in Richmond appointed Mike Tittermary to wind down an immigration practice. With the help of bar counsel counterparts at the Department of Homeland Security and the Department of Justice, Mike is working to assist many clients with im-migration applications and cases. The Discipline Department is also working to appoint a receiver over the practice of another attorney who cannot run a law practice due to chronic illness. This is a critical service to both the public and profession, and we thank the lawyers who are willing to act as receivers. What practical guidance can the Bar offer? Remember that your clients are trying to resolve complex legal issues they may not understand while coping with the stress caused by the pandemic. Communicate early and often about the status of matters you are handing and the implications of the pandemic and related orders. Con-sider reaching out to clients even if they haven’t requested an update or asked a question. Stay informed about COVID-19, as you stay aware of orders and the law. Make sure your clients have a backup contact if they cannot reach you. Comment 5 to Rule of Pro-fessional Conduct 1.3 Diligence urges succession plans for solo practitioners. If you cannot handle a matter pending before a court, seek leave to withdraw and recommend other at-torneys who might be able to assist the client. Conversely, be prepared to step up and help if you are able. Safeguard funds — deposit un-earned fees in trust. While teleworking and emailing, remember the obliga-tions to safeguard client confidences and information, and consider data security and privacy. As follows are some LEOs to con-sult that might be useful during this LEOs continued on page 52 12 VIRGINIA LAWYER | April 2020 | Vol. 68 www.vsb.org