Fails v. Virginia State Bar

This appeal is from an order of the Virginia State Bar Disciplinary Board (the Disciplinary Board) revoking the license of Kenneth Harrison Fails, II (Fails), to practice law in Virginia. Disposition of the appeal involves the interaction between Part 6, § IV, ¶ 13(C)(6)(a)(i) of the Rules of Court (hereinafter, Rule 13(C)(6)) 1 and Code § 54.1-3915.

Rule 13(C)(6) provides that a respondent in a proceeding before the Disciplinary Board shall be served with a Charge of Misconduct and with notice of the date fixed for hearing. The respondent may, within twenty-one days after such notice, (i)…