Rule 1A:9. Virginia Legal Aid Counsel

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Rules of the Supreme Court of Virginia › Foreign Attorneys › Part 1A - Foreign Attorneys › Va. Sup. Ct. R. 1A:9

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Text

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;

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;

(7) has read and is familiar with the Virginia Rules of Professional Conduct;

(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.

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.

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.

ay 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.

n 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,

Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia.

h. The Board and the Virginia State Bar may adopt regulations as needed to implement the

requirements of this rule.

Last amended by Order dated November 24, 2025; effective January 23, 2026.

PART ONE A

FOREIGN ATTORNEYS

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.]

tate Bar may adopt regulations as needed to implement the

requirements of this rule.

Last amended by Order dated November 24, 2025; effective January 23, 2026.

PART ONE A

FOREIGN ATTORNEYS

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

Counsel pro hac vice pursuant to Rule 1A:4 of the Rules of the Supreme Court of Virginia.

I further state the following:

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.

..................................................................................................................................................................................................................................

APPLICANT’S RESIDENCE ADDRESS

APPLICANT’S OFFICE ADDRESS

NAME OF LOCAL COUNSEL

VSB NUMBER

......................................................................................................

APPLICANT’S OFFICE ADDRESS

NAME OF LOCAL COUNSEL

VSB NUMBER

STREET ADDRESS

FAX NUMBER

EMAIL ADDRESS

TELEPHONE NUMBER

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

NAME OF PARTY TO CASE

NAME AND ADDRESS OF COUNSEL FOR PARTY

[ ] Additional Sheet attached.

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.

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.

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.

PART ONE A

FOREIGN ATTORNEYS

APPENDIX

2. Motion and Oath for Admission as Corporate Counsel.

ADMISSION ON MOTION

(CORPORATE COUNSEL)

MAY IT PLEASE THE COURT, I WISH TO PRESENT

n 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.

PART ONE A

FOREIGN ATTORNEYS

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

COUNSEL TO THE BAR OF THE SUPREME COURT OF VIRGINIA.

_______________________________________

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

Copy,

Teste:

Clerk

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

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