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VA · rules

Va. Sup. Ct. R. 1A:6

Foreign Attorneys - Registered Military Legal Assistance Attorneys

activein force · 2021-03-01 – presentact-effective-date

(a) A lawyer admitted to the practice of law in a state or territory of the United

States, other than Virginia, who is serving in or employed by the armed services and is

authorized to provide legal assistance pursuant to 10 U.S. Code § 1044, may apply to the

Board of Bar Examiners for a certificate as a Registered Military Legal Assistance

Attorney in Virginia ("Military Legal Assistance Attorney Certificate") to represent

clients eligible for legal assistance in the courts and tribunals of this Commonwealth

while the lawyer is employed, stationed, or assigned within Virginia.

(b) Each applicant for a Military Legal Assistance Attorney Certificate must:

(1) File with the secretary of the Virginia Board of Bar Examiners an application,

under oath, upon a form furnished by the Board.

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

other appropriate official of the jurisdiction in which the applicant is admitted to practice

law, stating that the applicant is licensed to practice law and is an active member in good

standing of the bar of such jurisdiction.

(3) File an affidavit, upon a form furnished by the Board, from the commanding

officer, staff judge advocate or chief legal officer of the military base in Virginia where

the applicant is employed, stationed, or assigned, attesting to the fact that the applicant is

serving as a lawyer to provide legal services exclusively for the military, that the nature

of the applicant's employment or service conforms to the requirements of this rule, and

that the commanding officer, staff judge advocate or chief legal officer, or his or her

successor, will notify the Virginia State Bar immediately upon the termination of the

applicant's employment or service at the military base.

(c) Upon a finding by the Board of Bar Examiners that the applicant has produced

evidence sufficient to satisfy the Board that the applicant is a person of honest demeanor

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

and responsibilities of a practicing attorney at law and satisfies all other requirements of

this rule, the Board will notify the applicant that he or she is eligible to be issued a

Military Legal Assistance Attorney Certificate. After the applicant has taken and

subscribed to the oaths required of attorneys at law, the Board will issue to the applicant a

Military Legal Assistance Attorney Certificate, which entitles the applicant to represent

clients eligible for legal assistance in the courts and tribunals of this Commonwealth

solely as provided in this rule.

(d) Each lawyer issued a Military Legal Assistance Attorney Certificate must

immediately register as an active member of the Virginia State Bar, with his or her

practice limited as provided in this rule, and pay to the Virginia State Bar the same dues

required of regularly admitted active members. (The requirement to pay dues is waived

for a lawyer during the first two years immediately following the initial issue of a

Military Legal Assistance Attorney Certificate to that lawyer.)

(e) The practice of a lawyer registered under this rule is limited within this

Commonwealth to practice exclusively pursuant to the laws, rules, and regulations

governing the military services, and may include appearing before a court or tribunal of

this Commonwealth as counsel for a client eligible for legal assistance on:

(1) Adoptions,

(2) Guardianships,

(3) Name changes,

(4) Divorces,

(5) Paternity,

(6) Child custody and visitation, and child and spousal support,

(7) Landlord-tenant disputes on behalf of tenants,

(8) Consumer advocacy cases involving alleged breaches of contracts or

warranties, repossession, or fraud,

(9) Garnishment defense,

(10) Probate,

(11) Enforcement of rights under the Soldiers' and Sailors' Civil Relief Act

of 1940 (50 U.S. Code App. §§ 501-548, 560-593),

(12) Enforcement of rights under the Uniformed Services Employment

and Reemployment Rights Act of 1994 (38 U.S. Code §§ 4301-4333), and

(13) Such other cases within the discretion of the court or tribunal before

which the matter is pending.

(f) Representation in proceedings before courts or tribunals of this Commonwealth

is limited to low-income legal assistance clients for whom hiring a lawyer in private

practice would entail a substantial financial hardship to themselves or their families. All

pleadings filed by a legal assistance attorney will cite this rule, include the name,

complete address, and telephone number of the military legal office representing the

client and the name, rank or grade, and armed service of the lawyer registered under this

rule providing representation.

(g) No lawyer registered under this rule may (i) undertake to represent any person

other than an eligible legal assistance client before a court or tribunal of this

Commonwealth, (ii) offer to provide legal services in this Commonwealth to any person

other than as authorized by his or her military service, (iii) undertake to provide legal

services in this Commonwealth to any person other than as authorized by his or her

military service, or (iv) hold himself or herself out in this Commonwealth to be

authorized to provide legal services to any person other than as authorized by his or her

military service.

(h) Representing clients eligible for legal assistance in the courts or tribunals of this

Commonwealth under this rule is deemed the practice of law and will subject the lawyer

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

Professional Conduct and the Rules of Procedure for Disciplining Lawyers (Rules of

Court, Pt. 6, Section IV, Paragraph 13). Jurisdiction of the Virginia State Bar will

continue whether or not the lawyer retains the Military Legal Assistance Attorney

Certificate and irrespective of the lawyer's presence in Virginia.

(i) Each person registered with the Virginia State Bar as an active member on the

basis of a Military Legal Assistance Attorney Certificate is subject to the same

membership obligations as other active members, including completion of the required

Professionalism Course and annual Mandatory Continuing Education requirements. A

lawyer registered under this rule must use as his or her address of record with the

Virginia State Bar the military address in Virginia of the commanding officer, staff judge

advocate or chief legal officer which filed the affidavit on the lawyer's behalf.

(j) Each person issued a Military Legal Assistance Attorney Certificate must

promptly report to the Virginia State Bar any change in employment or military service,

any change in bar membership status in any state or territory of the United States, or the

District of Columbia where the applicant has been admitted to the practice of law, or the

imposition of any disciplinary sanction in a state or territory of the United States or the

District of Columbia or by any federal court or agency where the applicant has been

admitted to the practice of law.

(k) The limited authority to practice law which may be granted under this rule is

automatically terminated when (i) the lawyer is no longer employed, stationed, or

assigned at the military base in Virginia from which affidavit required by this rule was

filed, (ii) the lawyer has been admitted to the practice of law in this state by examination

or pursuant to any other provision of part 1A of these Rules, (iii) the lawyer fails to

comply with any provision of this rule, (iv) the lawyer fails to maintain current good

standing as an active member of a bar in at least one state or territory of the United

States, other than Virginia, or the District of Columbia, or (v) when suspended or

disbarred for disciplinary reasons in any state or territory of the United States or the

District of Columbia or by any federal court or agency where the lawyer has been

admitted to the practice of law. If a lawyer is no longer employed, stationed, or assigned

at the military base in Virginia from which affidavit required by this rule was filed, but

the lawyer, within six months after the last day of employment or service, is re-employed

by, or militarily reassigned to, the same military base or by another military base in

Virginia filing the affidavit required by this rule, the Military Legal Assistance Attorney

Certificate will be reinstated upon evidence satisfactory to the Board that the lawyer

remains in full compliance with all requirements of this rule.

The period of time a lawyer practices law full time on the basis of a Military Legal

Assistance Attorney Certificate issued pursuant to this rule will be considered in

determining whether such lawyer has fulfilled the requirements for admission to practice

law in this Commonwealth without examination under Rule 1A:1 and any guidelines

approved by the Supreme Court of Virginia for review of applications for admission

without examination.

History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Provenance

Source
www.vacourts.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
f7967d133077e3655a5ef360748c6d01133d49b48dd60b727e2d0ea0fa023fb6
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