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2003 SESSION


CHAPTER 571
An Act to amend and reenact § 8.01-226.1 of the Code of Virginia, relating to civil immunity for participation in Lawyers Helping Lawyers.
[S 984]
Approved March 18, 2003

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-226.1 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-226.1. Civil immunity when participating in Lawyers Helping Lawyers.

Any person shall be immune from civil liability for, or resulting from, any act, decision, omission, communication, finding, opinion or conclusion done or made or conducted in connection with the investigation and, intervention, counseling or monitoring of a lawyer for possible substance abuse pursuant to the guidelines of the Virginia Bar Association plan of, judge, paralegal, or other member of the legal profession by "Lawyers Helping Lawyers," or in the performance of his duties as a member or agent of the Virginia Bar Association's Committee on Substance Abuse, which Committee functions primarily to provide assistance in the form of counseling to any lawyer having an impaired ability to practice law because of abuse of the use of alcohol or other drug a Virginia nonprofit, nonstock corporation dedicated to assisting members of the legal profession engaged in substance abuse or suffering from mental illness, if such act, decision, omission, communication, finding, opinion or conclusion is done or made or conducted in good faith and without malicious intent. The Virginia Bar Association and its officers, directors, employees, servants and agents shall also be immune from civil liability for any acts or omissions made or done in good faith and without malicious intent for, or resulting from, (i) the Virginia Bar Association plan of "Lawyers Helping Lawyers," (ii) any act, decision, omission, communication, finding, opinion or conclusion of the Committee on Substance Abuse or any of its members or agents, or (iii) the establishment of programs or the activities of such Committee.

Nothing in this section shall be construed to grant immunity to any claim by a client against a person licensed to practice law.