Va. Sup. Ct. R. 1A:4

1. Introduction. A lawyer who is not a member of the Virginia State Bar, but is

currently licensed and authorized to practice law in another state, territory, or possession

of the United States of America (hereinafter called an "out-of-state lawyer") may apply to

appear as counsel pro hac vice in a particular case before any court, board or

administrative agency (hereinafter called "tribunal") in the Commonwealth of Virginia

upon compliance with this rule.

2. Association of Local Counsel. No out-of-state lawyer may appear pro hac vice

before any tribunal in Virginia unless the out-of-state lawyer has first associated in that

case with a lawyer who is an active member in good standing of the Virginia State Bar

(hereinafter called "local counsel"). The name of local counsel must appear on all notices,

orders, pleadings, and other documents filed in the case. Local counsel must personally

appear and participate in pretrial conferences, hearings, trials, or other proceedings

actually conducted before the tribunal. Local counsel associating with an out-of-state

lawyer in a particular case must accept joint responsibility with the out-of-state lawyer to

the client, other parties, witnesses, other counsel and to the tribunal in that particular case.

Any pleading or other paper required to be served (whether relating to discovery or

otherwise) is invalid unless it is signed by local counsel. The tribunal in which such case

is pending has full authority to deal with local counsel exclusively in all matters

connected with the pending case. If it becomes necessary to serve notice or process in the

case, any notice or process served upon local counsel is valid as if served on the out-of-state lawyer.

3. Procedure for applying. Appearance pro hac vice in a case is subject to the

discretion and approval of the tribunal where such case is pending. An out-of-state lawyer

desiring to appear pro hac vice under this rule must comply with the procedures set forth

herein for each case in which pro hac vice status is requested. For good cause shown, a

tribunal may permit an out-of-state lawyer to appear pro hac vice on a temporary basis

prior to completion by the out-of-state lawyer of the application procedures set forth

herein. At the time such temporary admission is granted, the tribunal will specify a time

limit within which the out-of-state lawyer must complete the application procedures, and

any temporary pro hac vice admission is deemed revoked in the event the out-of-state

lawyer fails to complete the application procedure within the time limit.

(a) Notarized Application. In order to appear pro hac vice as counsel in any matter

pending before a tribunal in the Commonwealth of Virginia, an out-of- state lawyer must

deliver to local counsel to file with the tribunal an original notarized application and a

non-refundable application fee of $250.00 payable to the Clerk of the Supreme Court. Pro

hac vice counsel must submit a notarized application with the non-refundable application

fee of $250.00 for each separate case before a tribunal. The fee must be paid to the Clerk

of the Supreme Court of Virginia. The tribunal must file a copy of the notarized

application, as well order granting pro hac vice admission in the case and the $250.00 fee,

with the Clerk of the Supreme Court of Virginia. Original, notarized applications and

orders granting, denying or revoking applications to appear pro hac vice must be retained

in a separate file containing all applications. The clerk of the tribunal must maintain the

application for a period of three years after completion of the case and all appeals.

(b) Motion to associate counsel pro hac vice. Local counsel must file a motion to

associate the out-of-state lawyer as counsel pro hac vice with the tribunal where the case

is pending, together with proof of service on all parties in accordance with the Rules of

the Supreme Court of Virginia. The motion of local counsel must be accompanied by: (1)

the original, notarized application of the out-of-state lawyer; (2) a proposed order

granting or denying the motion; and (3) the required application fee.

(c) Entry of Order. The order granting or denying the motion to associate counsel

pro hac vice must be entered by the tribunal promptly and a copy of the order must be

forwarded to the Clerk of the Supreme Court. An out-of-state lawyer may make no

appearance in a case until the tribunal where the case is pending enters the order granting

the motion to associate counsel pro hac vice unless temporary admission has been

approved pursuant to this rule. The order granting pro hac vice status is valid until the

case is concluded in the courts of this Commonwealth or a court revokes the pro hac vice

admission.

4. Notarized Application. The notarized application required by this rule must be on

a form approved by the Supreme Court of Virginia and available at the office of the clerk

of the tribunal where the case is pending.

5. Discretion and Limitation on Number of Matters. The grant or denial of a motion

pursuant to this rule by the tribunal is discretionary. The tribunal should deny the motion

if the out-of-state lawyer has been previously admitted pro hac vice before any tribunal or

tribunals in Virginia in twelve (12) cases within the last twelve (12) months preceding the

date of the current application. In the enforcement of this limitation, the tribunal may

consider whether the pending case is a related or consolidated matter for which the out-of-state lawyer has previously applied to appear pro hac vice. Before ruling on a pro hac

vice motion, the tribunal will verify with the Supreme Court of Virginia the number of

cases during the preceding twelve (12) months in which the out-of-state lawyer was

admitted in Virginia pro hac vice.

6. Transfer of Venue and Appeal. The out-of-state lawyer's pro hac vice admission

will be deemed to continue in the event the venue in the case or proceeding is transferred

to another tribunal or is appealed; provided, however, that the tribunal having jurisdiction

over such transferred or appealed case has the discretion to revoke the authority of the

out-of-state lawyer to appear pro hac vice.

7. Duty to Report Status. An out-of-state lawyer admitted pro hac vice has a

continuing obligation during the period of such admission to advise the tribunal promptly

of any disposition made of pending disciplinary charges or the institution of any new

disciplinary proceedings or investigations. The tribunal must advise the Clerk of the

Supreme Court of Virginia if the tribunal denies or revokes the out-of-state lawyer's

permission to appear pro hac vice.

8. Record-keeping. The Clerk of the Supreme Court of Virginia will maintain an

electronic database necessary for the administration and enforcement of this rule.

9. Disciplinary Jurisdiction of the Virginia State Bar. An out-of-state lawyer

admitted pro hac vice pursuant to this rule is subject to the jurisdiction of all tribunals and

agencies of the Commonwealth of Virginia, and the Virginia State Bar, with respect to

the laws and rules of Virginia governing the conduct and discipline of out-of- state

lawyers to the same extent as an active member of the Virginia State Bar. An applicant or

out-of-state lawyer admitted pro hac vice may be disciplined in the same manner as a

member of the Virginia State Bar.

10. In-State Services Related to Out-of-State Proceedings. Subject to the

requirements and limitations of Rule 5.5 of the Virginia Rules of Professional Conduct,

an out-of-state lawyer may provide the following services without the entry of a pro hac

vice order:

(a) In connection with a proceeding pending outside of Virginia, an out-of-state lawyer admitted to appear in that proceeding may render legal services in

Virginia pertaining to or in aid of such proceeding.

(b) In connection with a case in which an out-of-state lawyer reasonably

believes he is eligible for admission pro hac vice under this rule: (1) the out-of-state lawyer may consult in Virginia with a member of the Virginia State Bar

concerning a pending or potential proceeding in Virginia; (2) the out-of-state

lawyer may, at the request of a person in Virginia contemplating or involved in a

proceeding in Virginia, consult with that person about that person's retention of

the out-of-state lawyer in connection with that proceeding; and (3) on behalf of a

client residing in Virginia or elsewhere, the out-of-state lawyer may render legal

services in Virginia in preparation for a potential case to be filed in Virginia.

(c) An out-of-state lawyer may render legal services to prepare for and

participate in an ADR process, regardless of where the ADR process or

proceeding is expected to take place or actually takes place.