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;

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;

(l) certifies that he or she has read and is familiar with the Virginia Rules of

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. —

he 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

Rules of the Supreme Court of Virginia, become an active member of the Virginia State

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

Virginia, including the Virginia Rules of Professional Conduct.

(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.

d 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.

ttorney 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:

f 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.

Promulgated by Order dated May 16, 2014.

RULES OF THE SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS