Rule text
Introduction Notwithstanding any rule of this Court to the contrary, any person employed in Virginia as a lawyer exclusively for a Virginia Licensed Legal Aid Society, for the purpose of providing free and reduced fee legal services, and who is not and has not been a fully admitted member of the Virginia State Bar, may be issued a Legal Aid Counsel Certificate as provided in this rule. For purposes of this rule, "Legal Aid Employer" is a Virginia Licensed Legal Aid Society. A person holding a Legal Aid Counsel Certificate shall be considered an active member of the Virginia State Bar for all matters undertaken on behalf of the clients of a Legal Aid Employer. Nothing in this rule shall be interpreted to prevent Legal Aid Societies from employing lawyers for practice before courts or tribunals who are permitted by law to so appear and practice by the rules of those courts or tribunals, nor does this rule otherwise determine whether a lawyer must be admitted to the Virginia State Bar. See Rule of Professional Conduct 5.5.
(1) has been admitted by examination to practice law before the court of last resort of any State;
(2) holds a Juris Doctor degree from a law school that was accredited by the American Bar Association at the time of the lawyer's graduation;
(3) is currently an active member of the bar and in good standing in at least one State, and is in good standing in all jurisdictions where the applicant has been admitted;
(4) has practiced law continuously in another jurisdiction for at least two years preceding the lawyer's application for a Legal Aid Counsel Certificate under this Rule;
(5) is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction;
(6) possesses the good moral character and general fitness to practice law in Virginia, and has submitted all requested information, in a manner and to the extent established by the Board, including all required supporting documents;
(7) has read and is familiar with the Virginia Rules of Professional Conduct; (8) has paid such fees as may be set by the Board to cover the costs of the character and fitness investigation and the processing of the application; and
(9) has filed an affidavit, upon a form furnished by the Board, from an officer of the applicant's Legal Aid Employer attesting that the applicant will be employed as legal counsel to provide free and reduced fee legal services exclusively on behalf of the Legal Aid Employer; that the applicant will be supervised for a minimum of two years by a licensed attorney employed by the Legal Aid Employer; that the nature of the applicant's employment will conform to the requirements of this rule; and that the Legal Aid Employer will notify the Virginia State Bar in writing immediately upon the termination of the applicant's employment.
(1) All legal services provided in Virginia by a lawyer practicing pursuant to this rule will be deemed the practice of law in Virginia and will subject the lawyer to all rules and regulations governing the practice of law in Virginia and the jurisdictional authority of the Virginia State Bar.
(2) A Virginia Legal Aid Counsel will be subject to the same membership obligations as other active members of the Virginia State Bar, including Mandatory Continuing Legal Education requirements. A Virginia Legal Aid Counsel must use as the address of record with the Virginia State Bar a business address in Virginia of the Legal Aid that employs the lawyer.
(3) A Virginia Legal Aid Counsel must promptly report to the Virginia State Bar any change in employment, change in bar membership status in any State, or the imposition of any disciplinary sanction in any State or by any federal court or agency before which the lawyer has been admitted to practice.
(4) The period of practice as a Virginia Legal Aid Counsel will be considered in determining whether the lawyer has fulfilled the active practice of law requirement for admission to practice law in Virginia without examination pursuant to Rule 1A:1 and any guidelines approved by the Supreme Court of Virginia for review of applications for admission without examination.
Promulgated by Order dated January 11, 2022; effective March 12, 2022.
Last amended by Order dated November 24, 2025; effective January 23, 2026.