Rule 1A:8. Military Spouse Provisional Admission

1. Requirements. — A person may submit an application to the Virginia Board of Bar Examiners (the "Board") seeking to be provisionally admitted to the practice of law in Virginia if that person, as set forth in paragraph 2 of this Rule 1A:8, (i) meets all the requirements of subparagraphs (a) through (o); (ii) makes the certification required by subparagraph (m); and (iii) pays the fee(s) described in subparagraph (n). 2. Required Evidence. — The applicant for provisional admission must submit evidence satisfactory to the Board that he or she:

(a) has been admitted by examination to practice law in any state or territory of the United States or of the District of Columbia;

(b) holds a Juris Doctor degree from a law school accredited by the American Bar Association at the time of such applicant's graduation;

(c) has achieved a passing score on the Multistate Professional Responsibility Examination as it is established in Virginia at the time of application;

(d) is currently an active member in good standing in at least one state or territory of the United States, or the District of Columbia, where the applicant is admitted to the unrestricted practice of law, and is a member in good standing in all jurisdictions where the applicant has been admitted;

(e) is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction;

(f) possesses the good character and fitness to practice law in Virginia;

(g) is the dependent spouse of an active-duty service member of the United States Uniformed Services as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) and that the service member is on military orders stationed in the Commonwealth of Virginia or the National Capitol region, as defined by the Department of Defense;

(h) is physically residing in Virginia;

(i) has submitted all requested character investigation information, in a manner and to the extent established by the Board, including all required supporting documents;

(j) has never failed the Virginia Bar Examination;

(k) has certified under oath the completion of twelve hours of instruction approved by the Virginia Continuing Legal Education Board on Virginia substantive and/or procedural law, including four hours of ethics, within the six-month period immediately preceding or following the filing of the applicant's application; Professional Conduct; and

(m) has paid such fees as may be set by the Board to cover the costs of the character and fitness investigation and the processing of the application.

(n) Active practice of law, for the purposes of this rule, has the same meaning as provided for in subparagraph (f)(1)(A) of Paragraph 3 of Part 6, § IV of the Rules of the Supreme Court of Virginia. "Full-time" means practicing law for a minimum of 32 hours a week. 3. Issuance, Admission, Duration and Renewal. —

(a) Issuance. The Board having certified that all prerequisites have been complied with, the applicant for provisional admission will, upon payment of applicable dues and completion of the other membership obligations set forth in Part 6, Section IV of the Bar. An attorney provisionally admitted pursuant to this Rule is subject to the same membership obligations as other active members of the Virginia State Bar, and all legal services provided in Virginia by a lawyer admitted pursuant to this Rule are deemed the practice of law and subject the attorney to all rules governing the practice of law in

(b) Admission. Upon notification by the Board that the applicant's application has been approved, the applicant must take and subscribe to the oath required of attorneys at law. The applicant may take the required oath by appearing before the Justices of the Supreme Court of Virginia in Richmond at an appointed date and time or by appearing before a judge of a court of record in Virginia. Once the attorney has taken the oath, it will remain effective until the attorney's provisional admission is terminated pursuant to paragraph 5 of this Rule.

(c) Duration. A provisional admission may be renewed by July 31 of each year, upon filing with the Virginia State Bar (i) a written request for renewal; and (ii) compliance with the membership obligations of Part 6, Section IV of the Rules of the Supreme Court of Virginia applicable to active members of the Virginia State Bar.

(d) Renewal. When the active-duty service member is assigned to an unaccompanied or remote follow-on assignment and the attorney continues to physically reside in Virginia, the provisional admission may be renewed until that unaccompanied or remote assignment ends, provided that the attorney complies with the other requirements for renewal. 4. Events of Termination. —

(a) An attorney's provisional admission to practice law pursuant to this Rule will immediately terminate and the attorney must immediately cease all activities under this Rule upon the occurrence of any of the following:

(i) Failure to meet the annual licensing requirements of an active member of the Virginia State Bar;

(ii) The attorney no longer physically residing within the Commonwealth of Virginia;

(iii) The attorney being admitted to practice law in this Commonwealth under an admissions rule other than that of Provisional Admission;

(iv) The attorney receiving a failing score on the Virginia Bar Examination;

(v) The attorney being suspended from the practice of law in Virginia; or

(vi) Request by the attorney.

(b) An attorney's provisional admission to practice law pursuant to this Rule will terminate and the attorney must immediately cease all activities under this Rule twelve months after the occurrence of any of the following:

(i) The spouse's discharge, separation or retirement from active duty in the United States Uniformed Services, or the spouse's no longer being on military orders stationed in the Commonwealth of Virginia or the National Capitol region as defined by the Department of Defense;

(ii) The attorney ceasing to be a dependent as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) on the spouse's official military orders; or

(iii) The military spouse dies. 5. Notices Required. —

(a) An attorney provisionally admitted under this Rule must provide written notice to the Virginia State Bar of any Event of Termination within thirty days of the occurrence thereof.

(b) Within thirty days of the occurrence of any Event of Termination, the attorney must:

(i) provide written notice to all his or her clients that he or she can no longer represent such clients and furnish proof to the Executive Director of the Virginia State Bar within sixty days of such notification; and

(ii) file in each matter pending before any court or tribunal in this Commonwealth a notice that the attorney will no longer be involved in the matter, which must include the substitution of such other attorney licensed to practice law in Virginia selected by the client, as counsel in the place of the provisionally admitted attorney. 6. Benefits and Responsibilities. — An attorney provisionally admitted under this Rule is entitled to the benefits and be subject to all responsibilities and obligations of active members of the Virginia State Bar, and is subject to the jurisdiction of the courts and agencies of the Commonwealth of Virginia and to the Virginia State Bar with respect to the laws and rules of this Commonwealth governing the conduct and discipline of attorneys to the same extent as an active member of the Virginia State Bar. The period of time a lawyer practices law under a Military Spouse Provisional Certificate issued pursuant to this rule will be considered in determining whether the lawyer has fulfilled the active practice of law requirement for admission to practice law in Virginia without examination pursuant to Rule 1A:1 and any guidelines approved by the Supreme Court of Virginia for review of applications for admission without examination.

Committee Notes

Promulgated by Order dated May 16, 2014. Last amended by Order dated October 2, 2025; effective December 1, 2025.