Part 1A · Part One A — Foreign Attorneys
Rule 1A:9. Virginia Legal Aid Counsel. Introduction
Notwithstanding any rule of this Court to the contrary, any person employed in Virginia as a lawyer exclusively for a Virginia Licensed Legal Aid Society, for the purpose of providing free and reduced fee legal services, and who is not and has not been a fully admitted member of the Virginia State Bar, may be issued a Legal Aid Counsel Certificate as provided in this rule. For purposes of this rule, "Legal Aid Employer" is a Virginia Licensed Legal Aid Society. A person holding a Legal Aid Counsel Certificate shall be considered an active member of the Virginia State Bar for all matters undertaken on behalf of the clients of a Legal Aid Employer. Nothing in this rule shall be interpreted to prevent Legal Aid Societies from employing lawyers for practice before courts or tribunals who are permitted by law to so appear and practice by the rules of those courts or tribunals, nor does this rule otherwise determine whether a lawyer must be admitted to the Virginia State Bar. See Rule of Professional Conduct 5.5. a. A lawyer admitted to the practice of law in a state or territory of the United States or the District of Columbia (for purposes of this rule, a "State"), may apply to the Virginia Board of Bar Examiners ("Board") for a certificate as a Virginia Legal Aid Counsel ("Legal Aid Counsel Certificate") to practice in Virginia when the lawyer is employed by a Legal Aid Employer in Virginia. b. Required Evidence. Each applicant for a Legal Aid Counsel Certificate must file with the Secretary of the Board an application under oath on a form furnished by the Board and must submit evidence satisfactory to the Board that the applicant:
(1) has been admitted by examination to practice law before the court of last resort of any State;
(2) holds a Juris Doctor degree from a law school that was accredited by the American Bar Association at the time of the lawyer's graduation;
(3) is currently an active member of the bar and in good standing in at least one State, and is in good standing in all jurisdictions where the applicant has been admitted;
(4) has practiced law continuously in another jurisdiction for at least two years preceding the lawyer's application for a Legal Aid Counsel Certificate under this Rule;
(5) is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;
(6) possesses the good moral character and general fitness to practice law in Virginia, and has submitted all requested information, in a manner and to the extent established by the Board, including all required supporting documents;
(8) 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; and
(9) has filed an affidavit, upon a form furnished by the Board, from an officer of the applicant's Legal Aid Employer attesting that the applicant will be employed as legal counsel to provide free and reduced fee legal services exclusively on behalf of the Legal Aid Employer; that the applicant will be supervised for a minimum of two years by a licensed attorney employed by the Legal Aid Employer; that the nature of the applicant's employment will conform to the requirements of this rule; and that the Legal Aid Employer will notify the Virginia State Bar in writing immediately upon the termination of the applicant's employment. c. Provisional Status. From the date on which the Board receives an application for a Virginia Legal Aid Counsel Certificate until the applicant is notified that either (i) the lawyer's application is rejected; or (ii) the lawyer is eligible to be issued a Legal Aid Counsel Certificate, the applicant may be employed in Virginia as Virginia Legal Aid Counsel on a provisional basis by a Legal Aid Employer. After receiving provisional approval from the Board, the applicant may practice on a provisional basis, including appearing in court without supervision ; provided, however, that the Board may suspend an applicant's provisional status pending completion of the character and fitness review. To appear in court while on provisional status, the applicant must first take the oath required of attorneys which can be administered by a judge pursuant to Virginia Code § 54.1-3903. d. Admission. Upon a finding by the Board that the applicant has complied with the requirements of Part (b) of this rule, the Board will notify the applicant that the applicant is eligible to be issued a Legal Aid Counsel Certificate. After the applicant has taken and subscribed to the oath required of attorneys and administered pursuant to Virginia Code § 54.1- 3903, the applicant will be issued a Legal Aid Counsel Certificate, which will permit the applicant to practice law in Virginia solely as provided in Part (e) of this rule. The applicant may take the required oath by appearing before the Justices of the Supreme Court of Virginia at an appointed date and time. e. Scope. The practice of a lawyer certified pursuant to this rule will be limited to employment by the Legal Aid Employer furnishing the affidavit required by Part (b)(9) of this rule, including appearing before a Virginia court or tribunal as counsel for clients of the Legal Aid Employer. No lawyer certified pursuant to this rule may (i) undertake to represent any person other than a client of the applicant's Legal Aid Employer before a Virginia court or tribunal; (ii) offer or provide legal services in Virginia to any person other than a client of the applicant's Legal Aid Employer; or (iii) hold themselves out to be authorized to provide legal services or advice in Virginia to any person other than a client of the applicant's Legal Aid Employer. For purposes of this rule, a Virginia Legal Aid Counsel may appear in court without the presence of a supervisor. f. Rights and Obligations. Upon registration with the Virginia State Bar, a Virginia Legal Aid Counsel will immediately become an active member of the Virginia State Bar, with the applicant's practice limited as provided in Part (e) of this rule, and must pay to the Virginia State Bar the annual dues required of active members of the Virginia State Bar.
(1) All legal services provided in Virginia by a lawyer practicing pursuant to this rule will be deemed the practice of law in Virginia and will subject the lawyer to all rules and regulations governing the practice of law in Virginia and the jurisdictional authority of the Virginia State Bar.
(2) A Virginia Legal Aid Counsel will be subject to the same membership obligations as other active members of the Virginia State Bar, including Mandatory Continuing Legal Education requirements. A Virginia Legal Aid Counsel must use as the address of record with the Virginia State Bar a business address in Virginia of the Legal Aid that employs the lawyer.
(3) A Virginia Legal Aid Counsel must promptly report to the Virginia State Bar any change in employment, change in bar membership status in any State, or the imposition of any disciplinary sanction in any State or by any federal court or agency before which the lawyer has been admitted to practice.
(4) The period of practice as a Virginia Legal Aid Counsel 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. g. Termination. A lawyer's authority to practice law pursuant to this rule will be automatically suspended when (i) employment by the Legal Aid Employer is terminated, (ii) the lawyer fails to comply with any provision of this rule, or (iii) when the lawyer is suspended or disbarred in any State or by any federal court or agency before which the lawyer has been admitted to practice. Any Virginia Legal Aid Counsel whose authority to practice is suspended pursuant to (i) above will be reinstated upon evidence satisfactory to the Virginia State Bar that the lawyer is in full compliance with the requirements of this rule. Any Virginia Legal Aid Counsel whose authority to practice is suspended pursuant to (ii) above may be reinstated by compliance with applicable provisions of Part 6, Section IV, Paragraph 19 of the Rules of the Supreme Court of Virginia. Any Virginia Legal Aid Counsel whose authority to practice is suspended or terminated under (iii) above must petition for reinstatement pursuant to Part 6, h. The Board and the Virginia State Bar may adopt regulations as needed to implement the requirements of this rule.
Committee Notes
Promulgated by Order dated January 11, 2022; effective March 12, 2022. Last amended by Order dated November 24, 2025; effective January 23, 2026. APPENDIX 1. Application to Appear Pro Hac Vice Before A Virginia Tribunal. [Note: the following form may be submitted electronically pursuant to Rule 1:17 and related provisions of Virginia law .] I, ......................................................................................................................... , the undersigned attorney, hereby apply NAME OF APPLICANT to this tribunal of the Commonwealth of Virginia, ............................................................................. , to appear as NAME OF TRIBUNAL I further state the following: 1. The case in which I seek to appear pro hac vice is styled .............................................................. , has docket number .......................................... and is pending in ................................. This case [ ] is [ ] is not a related or consolidated matter for which I have previously applied to appear pro hac vice. 2. .................................................................................................................................................................................................................................. APPLICANT'S RESIDENCE ADDRESS ........................................................................................................................................................................................................................................... APPLICANT'S OFFICE ADDRESS 3. .................................................................................................................................................................................................................................. NAME OF LOCAL COUNSEL VSB NUMBER ........................................................................................................................................................................................................................................... STREET ADDRESS ........................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................... FAX NUMBER EMAIL ADDRESS TELEPHONE NUMBER 4. .................................................................................................................................................................................................................................. NAME OF PARTY TO CASE ........................................................................................................................................................................................................................................... NAME AND ADDRESS OF COUNSEL FOR PARTY ........................................................................................................................................................................................................................................... NAME OF PARTY TO CASE ........................................................................................................................................................................................................................................... NAME AND ADDRESS OF COUNSEL FOR PARTY ........................................................................................................................................................................................................................................... NAME OF PARTY TO CASE ........................................................................................................................................................................................................................................... NAME AND ADDRESS OF COUNSEL FOR PARTY [ ] Additional Sheet attached. 5. .................................................................................................................................................................................................................................. COURT TO WHICH APPLICANT IS ADMITTED DATE OF ADMISSION ........................................................................................................................................................................................................................................... COURT TO WHICH APPLICANT IS ADMITTED DATE OF ADMISSION [ ] Additional Sheet attached. 6.
I am a member in good standing and authorized to appear in the courts identified in paragraph 5. 7.
I am not currently disbarred or suspended in any state, territory, United States possession or tribunal. 8.
I [ ] am not [ ] am subject to a pending disciplinary investigation or proceeding by any court, agency or organization authorized to discipline me as a lawyer. (If such an investigation or proceeding is pending, attach to this application and incorporate by reference a statement specifying the jurisdiction, the nature of the matter under investigation or being prosecuted, and the name and address of the disciplinary authority investigating or prosecuting the matter.) 9. Within the past three (3) years, I [ ] have not [ ] have been disciplined by any court, agency or organization authorized to discipline me as a lawyer. (If so, attach to this application and incorporate by reference a statement specifying the name of the court, agency or organization imposing discipline, the date(s) of such discipline, the nature of the complaint or charge on which discipline was imposed, and the sanction.) 10. Within the last twelve (12) months preceding this application, I [ ] have not [ ] have sought admission pro hac vice under this rule. (If so, attach to this application and incorporate by reference a copy of the order of the tribunal granting or denying your previous application. Such order(s) must include the name of the tribunal, the style of case and the docket number for the case(s) in which you filed an application and whether the application was granted or denied.) [ ] Order(s) attached and incorporated by reference. 11.
I hereby consent to the jurisdiction of the courts and agencies of the Commonwealth of Virginia and of the Virginia State Bar and I further consent to service of process at any address(es) required by this Rule. 12.
I agree to review and comply with appropriate rules of procedure as required in the case for which I am applying to appear pro hac vice. 13.
I understand and I agree to comply with the rules and standards of professional conduct required of members of the Virginia State Bar. ........................................................................ .......................................................................................... DATE SIGNATURE OF APPLICANT Commonwealth/State of .................................................................................... [ ] City [ ] County of ........................................................................................ Subscribed and sworn to/affirmed before me on this date by the above-named person. ........................................................................ .......................................................................................... DATE NOTARY PUBLIC My commission expires: ............................................... Last amended by Order dated March 1, 2011; effective May 2, 2011. This Form added to the Rules by Order dated June 10, 2011; effective June 10, 2011. APPENDIX 2. Motion and Oath for Admission as Corporate Counsel. ADMISSION ON MOTION (CORPORATE COUNSEL) MAY IT PLEASE THE COURT, I WISH TO PRESENT _______________________________________, A MEMBER OF THE BAR OF THE STATE OF ____________________ (OR THE DISTRICT OF COLUMBIA), WHO HAS FILED AN APPLICATION TO BE ADMITTED TO PRACTICE LAW IN THE COMMONWEALTH OF VIRGINIA AS CORPORATE COUNSEL. ______________________________________________ HAS BEEN NOTIFIED THAT HIS/HER APPLICATION HAS BEEN APPROVED, AND I NOW MOVE HIS/HER ADMISSION AS A CORPORATE _______________________________________ Signature of Sponsor _______________________________________ # Printed Name of Sponsor Virginia Bar Number ATTORNEY OATH (CORPORATE COUNSEL)
I do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully, honestly, professionally, and courteously demean myself in the practice of law and execute my office of attorney at law to the best of my ability, so help me God. (Print Full Name)_______________________________________________ (Signature)_____________________________________________________ (Phone and email)_______________________________________________ _________________________________________ Signature of Judge Administering Oath _________________________________________ Printed Name of Judge Administering Oath _________________________________________ Name of Court _______________________ Date A Copy, Teste: Clerk