Rule 1A:7. Certification of Foreign Legal Consultants

(a) General Requirements. A person admitted to practice law by the duly

constituted and authorized professional body or governmental authority of any foreign

nation may apply to the Virginia Board of Bar Examiners ("Board") for a certificate as a

foreign legal consultant, provided the applicant:

(1) is a member in good standing of a recognized legal profession in a

foreign nation, the members of which are admitted to practice as attorneys or

counselors at law or the equivalent and are subject to effective regulation and

discipline by a duly constituted professional body or a governmental authority;

(2) for at least five of the seven years immediately preceding his or her

application has been a member in good standing of such legal profession and has

actually been engaged in the authorized practice of law, substantially involving or

relating to the rendering of advice or the provision of legal services concerning

the law of the said foreign nation;

(3) possesses the good moral character and general fitness requisite for a

member of the bar of this Commonwealth;

(4) is at least twenty-six years of age; and

(5) intends to practice as a foreign legal consultant in this Commonwealth

and maintain an office in this Commonwealth for that purpose.

(b) Proof Required. An applicant under this rule must file with the secretary of the

Board:

(1) an application for a foreign legal consultant certificate, on a form

furnished by the Board,

(2) a certificate, for each foreign nation in which the applicant is admitted

to practice, from the professional body or governmental authority in such foreign

country having final jurisdiction over professional discipline, certifying as to the

applicant's admission to practice and the date thereof, and as to his or her good

standing as an attorney or counselor at law or the equivalent;

rd,

(2) a certificate, for each foreign nation in which the applicant is admitted

to practice, from the professional body or governmental authority in such foreign

country having final jurisdiction over professional discipline, certifying as to the

applicant's admission to practice and the date thereof, and as to his or her good

standing as an attorney or counselor at law or the equivalent;

(3) a letter of recommendation, for each foreign nation in which the

applicant is admitted to practice, from one of the members of the executive body

of such professional body or governmental authority or from one of the judges of

the highest law court or court of original jurisdiction of such foreign country;

(4) a duly authenticated English translation of each certificate and letter if,

in either case, it is not in English;

(5) a copy or summary of the law, regulations, and customs of the foreign

country that describes the opportunity afforded to a member of the Virginia State

Bar ("the Bar") to establish an office to provide legal services to clients in such

foreign country, together with an authenticated English translation if it is not in

English;

(6) the requisite documentation establishing the applicant's compliance

with the immigration laws of the United States; and

(7) such other evidence as to the applicant's educational and professional

qualifications, good moral character and general fitness, and compliance with the

requirements of paragraph (a) of this rule as the Board may require.

nglish translation if it is not in

English;

(6) the requisite documentation establishing the applicant's compliance

with the immigration laws of the United States; and

(7) such other evidence as to the applicant's educational and professional

qualifications, good moral character and general fitness, and compliance with the

requirements of paragraph (a) of this rule as the Board may require.

(c) Reciprocal Treatment of Members of the Bar of this Commonwealth. In

considering whether to certify an applicant to practice as a foreign legal consultant, the

Board may in its discretion take into account whether a member of the Bar would have a

reasonable and practical opportunity to establish an office and give legal advice to clients

in the applicant's country of admission. Any member of the Bar who is seeking or has

sought to establish an office or give advice in that country may request the Board to

consider the matter, or the Board may do so sua sponte.

(d) Scope of Practice. A person certified to practice as foreign legal consultant

under this Rule may render legal services in the Commonwealth only with regard to

matters involving the law of foreign nation(s) in which the person is admitted to practice

or international law. For purposes of this paragraph, the term "international law" means a

body of laws, rules or legal principles that are based on custom, treaties or legislation and

that control or affect (1) the rights and duties of nations in relation to other nations or

their citizens, or (2) the rights and obligations pertaining to international transactions.

The practice permitted under this rule does not authorize the foreign legal

consultant to appear in court.

" means a

body of laws, rules or legal principles that are based on custom, treaties or legislation and

that control or affect (1) the rights and duties of nations in relation to other nations or

their citizens, or (2) the rights and obligations pertaining to international transactions.

The practice permitted under this rule does not authorize the foreign legal

consultant to appear in court.

(e) Rights and Obligations. Subject to the scope of practice limitations set forth in

paragraph (d) of this rule, a person certified as a foreign legal consultant under this rule is

entitled and subject to:

(1) the rights and obligations contained in the Virginia Rules of

Professional Conduct as set forth in Part 6, Section II of the Rules of the Supreme

Court of Virginia; and the procedure for disciplining attorneys as set forth in Part

6, Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia

(2) the rights and obligations of a member of the Bar with respect to:

(i) affiliation in the same law firm with one or more members of

the bar of this Commonwealth, including by:

(A) employing one or more members of the Bar;

(B) being employed by one or more members of the Bar or

by any partnership or other limited liability entity authorized to

practice law pursuant to Part 6, Section IV, Paragraph 14 of the

Rules of the Supreme Court of Virginia, which such entity includes

an active member of the Bar or which maintains an office in this

Commonwealth;

(C) being a director, partner, member, manager or

shareholder in any partnership or other professional limited

liability entity authorized by Part 6, Section IV, Paragraph 14 to

practice law in this Commonwealth which includes an active

member of the Bar or which maintains an office in this

Commonwealth;

(ii) employment as in-house counsel under Part II of Rule 1A:5;

and

(iii) attorney-client privilege, work-product privilege and similar

professional privileges.

rship or other professional limited

liability entity authorized by Part 6, Section IV, Paragraph 14 to

practice law in this Commonwealth which includes an active

member of the Bar or which maintains an office in this

Commonwealth;

(ii) employment as in-house counsel under Part II of Rule 1A:5;

and

(iii) attorney-client privilege, work-product privilege and similar

professional privileges.

(3) No time spent practicing as a foreign legal consultant will be

considered in determining eligibility for admission to the Virginia bar without

examination.

(f) Disciplinary Provisions. A person certified to practice as a foreign legal

consultant under this Rule is subject to professional discipline in the same manner and to

the same extent as any member of the Bar and to this end:

(1) Every person certified to practice as a foreign legal consultant under

these Rules:

(i) is subject to regulation by the Bar and to admonition,

reprimand, suspension, removal or revocation of his or her certificate to

practice in accordance with the rules of procedure for disciplinary

proceedings set forth in Part 6, Section IV, Paragraph 13 of the Rules of

the Supreme Court of Virginia; and

(ii) must execute and file with the Bar, in such form and manner

as the Bar may prescribe:

(A) his or her commitment to observe the Virginia Rules of

Professional Conduct and any other rules of court governing members of

the bar to the extent they may be applicable to the legal services

authorized under paragraph (d) of this Rule;

(B) a written undertaking to notify the Bar of any change in such

person's good standing as a member of any foreign legal profession

referred to in paragraph (a)(1) of this rule and of any final action of any

professional body or governmental authority referred to in paragraph

of

the bar to the extent they may be applicable to the legal services

authorized under paragraph (d) of this Rule;

(B) a written undertaking to notify the Bar of any change in such

person's good standing as a member of any foreign legal profession

referred to in paragraph (a)(1) of this rule and of any final action of any

professional body or governmental authority referred to in paragraph

(b)(2) of this rule imposing any disciplinary censure, suspension, or other

sanction upon such person; and

(C) a duly acknowledged instrument, in writing, setting forth his

or her address in this Commonwealth which must be both his or her

address of record with the Bar and such person's actual place of business

for rendering services authorized by this rule. Such address must be one

where process can be served and the foreign legal consultant has a duty to

promptly notify the Membership Department of the Bar in writing of any

changes in his or her address of record.

(g) Application and Renewal Fees. An applicant for a certificate as a foreign legal

consultant under this rule must pay to the Virginia Board of Bar Examiners the

application fee and costs as may be fixed from time to time by the Board. A person

certified as a foreign legal consultant must pay an annual fee to the Virginia State Bar

which will also be fixed by the Supreme Court of Virginia. A person certified as a foreign

legal consultant who fails to complete and file the renewal form supplied by the Bar or

pay the annual fee will have his or her certificate as a foreign legal consultant

administratively suspended in accordance with the procedures set out in Part 6, Section

IV, Paragraph 19 of the Rules of the Supreme Court of Virginia.

(h) Revocation of Certificate for Non-Compliance. In the event that the Bar

determines that a person certified as a foreign legal consultant under this rule no longer

meets the requirements under this rule, it will revoke the certificate granted to such

person hereunder.

accordance with the procedures set out in Part 6, Section

IV, Paragraph 19 of the Rules of the Supreme Court of Virginia.

(h) Revocation of Certificate for Non-Compliance. In the event that the Bar

determines that a person certified as a foreign legal consultant under this rule no longer

meets the requirements under this rule, it will revoke the certificate granted to such

person hereunder.

(i) Reinstatement. Any foreign legal consultant whose authority to practice is

suspended may be reinstated upon evidence satisfactory to the Bar that such person is in

full compliance with this rule; however, a reinstatement of a foreign legal consultant's

certificate following a suspension for non-compliance with paragraph (g) of this rule is

governed by Part 6, Section IV, Paragraph 19 of the Rules of the Supreme Court of

Virginia; and reinstatement of a foreign legal consultant's certificate following a

disciplinary suspension or revocation is governed by Part Six, Section IV, Paragraph 13

of the Rules of the Supreme Court of Virginia.

(j) Admission to Bar. In the event that a person certified as a foreign legal consultant

under this rule is subsequently admitted as a member of the Bar under the provisions of

the rules governing such admission, the certificate granted to such person hereunder is

deemed superseded by the admission of such person to the Bar.

(k) Regulations. The Bar and the Board may adopt regulations as needed to

implement their respective responsibilities under this rule.

(l) Effective Date. This rule becomes effective on January 1, 2009.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS