VA · rules
Va. Sup. Ct. R. 1A:6
Foreign Attorneys - Registered Military Legal Assistance Attorneys
(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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