Va. Sup. Ct. R. 1A:1

(a) Reciprocity — Any person who has been admitted to practice law before the court of

last resort of any state or territory of the United States or the District of Columbia may

file an application to be admitted to practice law in this Commonwealth without

examination, if counsel licensed to practice law in this Commonwealth may be admitted

in that jurisdiction without taking a bar examination.

(b) Application — An applicant for admission to practice law without examination in this

Commonwealth must:

(1) File with the Secretary of the Virginia Board of Bar Examiners (the Board) an

application under oath on a form furnished by the Board;

(2) Furnish a certificate, signed by the presiding judge of the court of last resort or other

proper official for every jurisdiction in which the applicant is or has been licensed to

practice law, stating:

(i) that the applicant is in good standing, and if not the reasons why;

(ii) the length of time the applicant has been or was licensed in that jurisdiction; and

(iii) any restriction or condition placed on the applicant’s license to practice law in

that jurisdiction.

(3) Certify in writing under oath that the applicant has completed 12 hours of

instruction approved by the Virginia Continuing Legal Education Board on Virginia

substantive and/or procedural law within the preceding six-month period;

(4) Certify in writing under oath that the applicant has read and is familiar with the

Virginia Rules of Professional Conduct;

(5) Complete the Applicant’s Character and Fitness Questionnaire and furnish a report

of the National Conference of Bar Examiners, or such other report as the Board may

require, concerning the applicant’s past practice and record, and pay the fee for such

report; and

(6) Pay such filing fee as may be fixed from time to time by the Board.

(c) Board Review — Upon receipt of a completed application, the Board will determine

in accordance with the regulations issued by the Supreme Court of Virginia whether the

applicant has established by satisfactory evidence that he or she:

(1) Is a proper person to practice law; and

(2) Pursuant to Code § 54.1-3931, has been admitted to practice law before the court of

last resort of any state or territory of the United States or the District of Columbia for at

least five years; and

(3) Has practiced law for at least three of the immediately preceding five years and has

made such progress in the practice of law that it would be unreasonable to require the

applicant to take an examination. The Board may require the applicant to appear

personally before the Board, the Character and Fitness Committee (the Committee) of the

Board, or a member of either the Board or the Committee, and furnish any such

additional information as may be required. If the applicant’s license to practice law in any

other jurisdiction is subject to any restriction or condition, the Board will determine

whether the nature of such restriction or condition is inconsistent with the practice of law

and, if so, will deny the application. If the Board determines that the applicant is qualified

to be admitted to the practice of law in this Commonwealth without examination, the

Board will approve the application and notify the applicant of its decision.

(d) Admission — Upon notification by the Board that the applicant’s application has been

approved, the applicant may be issued a certificate, pursuant to Code § 54.1-3931, to

practice law in this Commonwealth if:

(1) A member of the Virginia State Bar who is qualified to practice before the Supreme

Court moves the applicant’s admission to practice law in this Commonwealth in open

court;

(2) The motion is granted; and

(3) The applicant takes and subscribes to the oaths required of attorneys at law.

(e) Active Membership — Upon payment of applicable dues, and completion of other

membership obligations set forth in Part 6, Section IV of the Rules of the Supreme Court

of Virginia, the applicant will become an active member of the Virginia State Bar. An

attorney admitted pursuant to the 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 an attorney admitted pursuant to this Rule will be deemed the practice of law and will

subject the attorney to all rules governing the practice of law in Virginia, including the

Virginia Rules of Professional Conduct. The rules set forth in Part 6, Section IV,

governing how members may change their status to associate, judicial, disabled, retired

or emeritus, apply to attorneys admitted pursuant to this Rule.

(f) An attorney admitted to practice law in this Commonwealth without examination

under prior versions of this Rule is no longer subject to the requirement that he or she

intends to practice law full time as a member of the Virginia State Bar.

Regulations Governing Applications for Admission to Virginia Bar Pursuant to

Rule of the Supreme Court of Virginia 1A:1, effective December 1, 2018.

INTRODUCTION

Each person who has met the educational requirements and has proved that he or she

satisfies the character and fitness requirements as established by the law of Virginia may

seek admission to the Virginia State Bar by taking the Virginia Bar Examination. A

primary purpose of the Virginia Bar Examination is to determine whether an applicant is

able to demonstrate his or her current minimum competency to engage in the practice of

law in Virginia.

In addition to admission to the Bar by examination, the Supreme Court of Virginia, in its

discretion under Code § 54.1-3931, has determined that a person who has been admitted

to practice law before the court of last resort of a state or territory of the United States or

the District of Columbia for a minimum of five years, who has been admitted to the bar

of a Reciprocal Jurisdiction, hereinafter defined, and who has been engaged in the lawful

practice of law on a full-time basis for at least three of the immediately preceding five

years, may seek to demonstrate that he or she has made such progress in the practice of

law that it would be unreasonable to require the person to take an examination to

demonstrate current minimum competency. In other words, an applicant’s experience in

the practice of law may, at the discretion of the Court, be accepted as adequate evidence

of current minimum competency in lieu of the bar examination. For purposes of

admission without examination, “full-time” means practicing law for a minimum of 32

hours per week.

The Supreme Court of Virginia has assigned to the Virginia Board of Bar Examiners (the

“Board”) the responsibility to assess the information furnished by an applicant for

admission without examination and to determine, from the information so furnished,

whether the applicant’s experience in the practice of law is sufficient to demonstrate his

or her current competence, good character, and fitness to practice law in Virginia.

In order to guide the Board in its determinations, the Court has adopted the following

criteria to be applied by the Board in assessing applications for admission to the bar of

Virginia without examination:

THRESHOLD REQUIREMENTS

1. Reciprocity. The Board will consider an application for admission without

examination only from a person who has been admitted to practice before the court of last

resort of a jurisdiction (i.e., a state or territory of the United States, or the District of

Columbia) that permits lawyers licensed in Virginia to be admitted to practice without

taking a bar examination in such jurisdiction (a “Reciprocal Jurisdiction”). The purpose

of the reciprocity requirement is to encourage other jurisdictions to grant the same

privilege to Virginia lawyers.

2. Minimum Period of Bar Admission. Before being eligible to apply for admission

without examination, the applicant must have been admitted to practice law before the

court of last resort of a state or territory of the United States, or the District of Columbia,

for at least five years.

3. Requirement of Minimum Current Practice. An applicant may apply for admission

without examination only if the applicant has been engaged in the full-time practice of

law for at least three of the last five years immediately preceding his or her application

for admission to the Virginia State Bar. Except as provided in Threshold Requirement 4

below, the applicant must have been licensed to engage in the practice of law in the

jurisdiction where such practice occurred. Practice from an office located in a foreign

country will not be accepted as qualifying practice unless it is the full-time practice of the

law of the United States and/or any of its states and territories. Persons holding a Virginia

Corporate Counsel Certificate under Part I of Rule 1A:5 may receive credit as provided in

such Rule. Persons holding a Virginia Legal Aid Counsel Certificate under Rule 1A:9

may receive credit as provided in such Rule.

4. Practice of law. For purposes of admission without examination, “practice of law”

ordinarily means (i) private practice as a sole practitioner or for a law firm, legal services

office, legal clinic, or similar entity; (ii) practice as an attorney for a corporation, limited

liability company, partnership, trust, individual or other entity, provided such practice

involved the primary duties of furnishing legal counsel, drafting legal documents and

pleadings, interpreting and giving advice regarding the law, and preparing, trying or

presenting cases before courts or administrative agencies; (iii) practice as an attorney for

the federal or a state or local government with the same primary duties as described

above regarding attorneys for a corporation; (iv) employment as a judge for the federal or

a state government; (v) service as a judicial law clerk for a state or federal court; or (vi)

service on active duty in a branch of the armed forces of the United States as a judge

advocate or law specialist, as those terms are defined in the Uniform Code of Military

Justice, 10 U.S.C. § 801, as amended, provided that such position requires a valid license

to practice law and involves the same primary duties as described above regarding

attorneys for a corporation. With the exception of the positions described in (iv) and (v)

above, qualifying law practice must have involved an attorney-client relationship and,

with the exception of the positions described in (iv), (v) and (vi) above, must have

occurred subsequent to having been issued a license to engage in the practice of law in

the jurisdiction where the law practice was conducted, unless the applicant establishes, by

satisfactory evidence, that such practice is permitted by statute, rule, court order, or by

written confirmation from the admitting or disciplinary authority of the jurisdiction where

the practice occurred. The applicant must demonstrate that he or she meets the practice of

law requirement to the satisfaction of the Board. The Board may require the applicant to

produce substantiating evidence which may include, but is not limited to, a detailed

description of legal services provided, letters from clients and/or opposing counsel,

certification of a judge, samples of work product, and detailed time records. In addition,

the Board may require the applicant to appear personally before the Board and furnish

such additional information as may be required. For purposes of admission without

examination, “practice of law” ordinarily does not mean document review work.

5. Legal Education. The applicant must have received either (i) a J.D. degree from a law

school that was approved by the American Bar Association at the time of such applicant’s

graduation, or (ii) a J.D. degree from a law school not approved by the American Bar

Association at the time of such applicant’s graduation (including a J.D. degree from a

foreign law school), and an LL.M. from a law school approved by the American Bar

Association at the time of such applicant’s graduation, and passed a bar exam in a state or

territory of the United States, or the District of Columbia.

6. Bar Examination History. The applicant must have failed no more than two bar

examinations of any of the states or territories of the United States (including Virginia),

or the District of Columbia, and must have failed no bar examination within the five

years immediately preceding the application for admission to the Virginia State Bar.

7. Instruction in Virginia Law. The applicant must have completed twelve hours of

instruction approved by the Virginia Continuing Legal Education Board on Virginia

substantive and/or procedural law within six months immediately prior to filing an

application and must have read and be familiar with the Virginia Rules of Professional

Conduct.

ASSESSMENT OF FITNESS AND PROGRESS

If an applicant provides satisfactory evidence that he or she meets all of the above

threshold requirements, the Board will thereafter determine from the evidence provided

by the applicant and the results of any investigation conducted by the Board or its

designee whether such applicant (i) is a person of honest demeanor and good moral

character and possesses the requisite fitness to perform the obligations and

responsibilities of a practicing attorney, and (ii) has made such progress in the practice of

law that it would be unreasonable to require the applicant to take an examination to

demonstrate current minimum competency. The applicant has the burden to prove by

clear and convincing evidence that he or she is a person of honest demeanor and good

moral character and possesses the requisite fitness to perform the obligations and

responsibilities of a practicing attorney and thus is a proper person to practice law in

Virginia. If an applicant fails to answer any question on the Character and Fitness

Questionnaire or which is otherwise propounded by the Board, or to supply any requested

documentary material, the Board may find that the applicant has not met the burden of

proving his or her good moral character.

The primary purposes of character and fitness screening before admission to the Virginia

Bar are to assure the protection of the public and safeguard the system of justice. An

attorney should be one whose record of conduct justifies the trust of clients, adversaries,

courts, and others with respect to the professional duties owed to them. A record

manifesting a significant deficiency in the honesty, trustworthiness, diligence, or

reliability of an applicant may constitute a basis for denial of admission. The revelation

or discovery of any of the following may be treated as cause for further inquiry before the

Board decides whether the applicant possesses the character and fitness to practice law:

A. commission or conviction of a crime;

B. violation of the honor code of the applicant’s college or university, law school, or

other academic misconduct;

C. making of false statements or omissions, including failing to provide complete

and accurate information concerning the applicant’s past;

D. misconduct in employment;

E. other than an honorable discharge from any branch of the armed services;

F. acts involving dishonesty, fraud, deceit or misrepresentation;

G. abuse of legal process;

H. neglect of financial responsibilities;

I. neglect of professional obligations;

J. violation of an order of a court;

K. denial of admission to the bar in another jurisdiction on character and fitness

grounds;

L. disciplinary action by a lawyer disciplinary agency or other professional

disciplinary agency of any jurisdiction, including pending, unresolved disciplinary

complaints against the applicant;

M. commission of an act constituting the unauthorized practice of law, or unresolved

complaints involving allegations of the unauthorized practice of law; or

N. any other conduct which reflects adversely upon the character or fitness of an

applicant.

The Board will determine whether the present character and fitness of an applicant

qualifies the applicant for admission to the practice of law. In making this determination,

the following factors will be considered in assigning weight and significance to the

applicant’s prior conduct:

i. age of the applicant at the time of the conduct;

ii. recency of the conduct;

iii. reliability of the information concerning the conduct;

iv. seriousness of the conduct;

v. factors underlying the conduct;

vi. cumulative effect of the conduct or information;

vii. evidence of rehabilitation;

viii. positive social contributions of the applicant since the conduct;

ix. candor of the applicant in the admissions process; and

x. materiality of any omissions or misrepresentations.

In addition, an application will not be approved unless the applicant is a member in good

standing of the bar of the Reciprocal Jurisdiction at the time the Board receives the

character report and conducts its review of that report. If the applicant’s license has ever

been suspended or revoked in any jurisdiction, it must be fully reinstated and in good

standing (no pending disciplinary charges).

In evaluating whether an applicant has demonstrated satisfactory progress in the practice

of law for admission to the practice of law in Virginia without examination, the Board

considers whether the following requirements are evident from the information supplied

by the applicant and from the investigative report:

1. Knowledge of the fundamental principles of law and the ability to recall that

knowledge, to reason, to analyze, and to apply one’s knowledge to relevant facts;

2. The ability to communicate clearly, candidly and civilly with clients, attorneys,

courts, and others;

3. The ability to exercise good judgment in conducting one’s professional business;

4. The ability to conduct oneself with a high degree of honesty, integrity, and

trustworthiness in all professional relationships and with respect to all legal

obligations;

5. The ability to conduct oneself with respect for and in accordance with the law and

the Rules of Professional Conduct;

6. The ability to avoid acts that exhibit disregard for the health, safety and welfare of

others;

7. The ability to conduct oneself diligently and reliably in fulfilling all obligations to

clients, attorneys, courts, and others;

8. The ability to use honesty and good judgment in financial dealings on behalf of

oneself, clients, and others;

9. The ability to comply with deadlines and time constraints; and

10. The ability to conduct oneself professionally and in a manner that engenders

respect for the law and the profession.