Va. Sup. Ct. R. 10

(a) Determination of existence of major disaster. -- Solely for purposes of this Rule,

the Chief Justice of this Court may determine when, as a result of a major disaster, an

emergency affecting the justice system has occurred in:

(1) this jurisdiction and, if so, whether that emergency affects the entirety or

only a part of this jurisdiction, or

(2) another jurisdiction, but only if such a determination and its geographical

scope have previously been made by the highest court of that jurisdiction.

(b) Temporary practice in this jurisdiction following major disaster. -- Following a

determination, pursuant to paragraph (a) of this Rule, of an emergency affecting the justice

system in this jurisdiction that warrants the assistance of lawyers from outside this

jurisdiction, or a determination by the Chief Justice that persons displaced by a major

disaster in another jurisdiction and residing in this jurisdiction are in need of pro bono

services and the assistance of lawyers from outside of this jurisdiction is warranted to help

provide such assistance, a Foreign Lawyer may provide pro bono legal services in this

jurisdiction on a temporary basis. Those legal services must be assigned and supervised

through an established bar association pro bono program, not-for-profit bar association, an

approved legal assistance organization, a public defender’s office, or through any

organization(s) specifically designated by the Chief Justice.

(c) Temporary practice in this jurisdiction following major disaster in another

jurisdiction. -- Following the determination of a major disaster pursuant to (a)(2), a Foreign

Lawyer who is authorized to practice law and who principally practices in the geographic

area of the other jurisdiction determined to be affected may provide legal services in this

jurisdiction on a temporary basis. Those legal services must arise out of and be reasonably

related to that lawyer’s practice of law in the jurisdiction, or geographic area of that

jurisdiction, where the major disaster occurred.

(d) Duration of authority for temporary practice. -- The authority to practice law in

this jurisdiction granted by paragraphs (b) and (c) of this Rule will end when the Chief

Justice determines that the conditions caused by the major disaster in this or another affected

jurisdiction have ended, except that a lawyer then representing clients in this jurisdiction

pursuant to paragraphs (b) or (c) is authorized to continue the provision of legal services for

such time as is reasonably necessary to complete the representation. However, the lawyer

may not accept new clients or new unrelated matters for an existing client after the Chief

Justice has determined that the conditions caused by the major disaster have ended.

(e) Court appearances. -- The authority granted by this Rule does not include

appearances in court except:

(1) pursuant to a court's pro hac vice admission rule; or

(2) if the Chief Justice, in any determination made under paragraph (a), grants

blanket permission to appear in all or designated courts of this jurisdiction to lawyers

providing legal services pursuant to paragraph (b).

When authority to appear in any court is granted under either paragraph (e)(1)

or (e)(2), any pro hac vice admission fees waived.

(f) Disciplinary authority and registration requirement. -- Lawyers providing legal

services in this jurisdiction pursuant to paragraphs (b) or (c) are subject to this Court’s

disciplinary authority and the Rules of Professional Conduct of this jurisdiction as provided

in Rule 8.5 of the Rules of Professional Conduct. Lawyers providing legal services in this

jurisdiction under paragraphs (b) or (c) must, within 30 days from the commencement of the

provision of legal services, file a registration statement with the Clerk of this Court. The

registration statement must be in a form prescribed by this Court. Any lawyer who provides

legal services pursuant to this Rule is not considered to be engaged in the unlawful practice

of law in this jurisdiction.

(g) Notification to clients. -- Foreign Lawyers who provide legal services pursuant to

this Rule must inform clients in this jurisdiction of the jurisdiction in which they are

authorized to practice law, any limitations of that authorization, and that they are not

authorized to practice law in this jurisdiction except as permitted by this Rule. They must

not state or imply to any person that they are otherwise authorized to practice law in this

jurisdiction.

(h) Definitions. -- For purposes of this rule:

(1) “Foreign Lawyer” is a person with an active and unrestricted license to

practice law issued by the bar or highest court of any State or Territory of the United

States or the District of Columbia, but neither licensed by the Supreme Court of

Virginia or authorized under its rules to practice law generally in the Commonwealth

of Virginia, nor disbarred or suspended from practice.

(2) “Pro bono” means that legal services are provided without compensation,

expectation of compensation, or other direct or indirect pecuniary gain to the lawyer.

Comment

[1] A major disaster, including, for example, a hurricane, earthquake, flood, wildfire,

tornado, public health emergency, or an event caused by terrorists or acts of war, in this or

another jurisdiction may cause an emergency affecting the justice system with respect to the

provision of legal services. This emergency may continue for a sustained period of time,

interfering with the ability of lawyers admitted and practicing in the affected jurisdiction to

continue to represent clients until the disaster has ended. When this happens, lawyers from

the affected jurisdiction may need to provide legal services to their clients, on a temporary

basis, from an office outside their home jurisdiction. In addition, lawyers in an unaffected

jurisdiction may be willing to serve residents of the affected jurisdiction who have unmet

legal needs as a result of the disaster or whose legal needs temporarily are unmet because of

disruption to the practices of local lawyers. Lawyers from unaffected jurisdictions may offer

to provide these legal services either by traveling to the affected jurisdiction or from their

own offices or both, provided the legal services are provided on a pro bono basis through

entities authorized by this Rule.

[2] Under paragraph (a)(1), the Chief Justice may determine whether a major disaster

causing an emergency affecting the justice system has occurred in this jurisdiction, or in a

part of this jurisdiction, for purposes of triggering paragraph (b) of this Rule. The Chief

Justice may, for example, determine that the entirety of this jurisdiction has suffered a

disruption in the provision of legal services or that only certain areas have suffered such an

event.

[3] Restrictions on a lawyer’s license to practice law that would prohibit that lawyer

from providing legal services pursuant to this Rule include, but are not limited to, probation,

inactive status, disability status, or a non-disciplinary administrative suspension for failure

to complete continuing legal education or other requirements. Public protection warrants

exclusion of these lawyers from the authority to provide legal services as defined in this

Rule. Foreign Lawyers may also be authorized to provide legal services in this jurisdiction

on a temporary basis pursuant to Part 6 § I (C) of the Rules of the Supreme Court of

Virginia and Rule 5.5(d)(4)of the Rules of Professional Conduct.

[4] Under paragraph (c), the phrase “arise out of and reasonably related to” requires that

the services arise out of or be reasonably related to the Foreign Lawyer’s practice in a

jurisdiction in which the Foreign Lawyer is admitted to practice. A variety of factors

evidence such a relationship. The Foreign Lawyer’s client may have been previously

represented by the Foreign Lawyer, or may be resident in or have substantial contacts with

the jurisdiction in which the Foreign Lawyer is admitted. The matter, although involving

other jurisdictions, may have a significant connection with that jurisdiction. In other cases,

significant aspects of the Foreign Lawyer’s work might be conducted in that jurisdiction or a

significant aspect of the matter may involve the law of that jurisdiction. The necessary

relationship might arise when the client’s activities or the legal issues involve multiple

jurisdictions, such as when the officers of a multinational corporation survey potential

business sites and seek the services of their Foreign Lawyer in assessing the relative merits

of each. In addition, the services may draw on the Foreign Lawyer’s recognized expertise

developed through the regular practice of law on behalf of clients in matters involving a

particular body of federal, nationally-uniform, foreign, or international law.

[5-7] ABA Model Rule comments not adopted.