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Admission by Motion to Virginia State
Bar
The Virginia
General Assembly has given the Supreme Court of Virginia the
discretion to grant a certificate to an attorney to practice
law in Virginia without taking the bar exam if the attorney
meets certain criteria. This process is known as "Admission
by Motion." Pursuant to the Rules of the Supreme Court, the
Virginia Board of Bar Examiners ("the Board") has the responsibility
to receive the application and to qualify the applicant in accordance
with guidelines approved by the Supreme Court. Among other criteria,
the applicant must be a proper person to practice law and has
made such progress in the practice of law that it would be unreasonable
to require the applicant to take an examination. This latter
criteria, at a minimum, requires that the applicant be licensed
and engaged in the full time, active practice of law for at
least 5 of the last 7 years immediately preceding his or her
application. In addition, the applicant must intend to practice
full time as a member of the Virginia State Bar. In fact, the
Court will monitor to determine whether an applicant maintains
his or her Virginia office. If an applicant moves his or her
practice from the Virginia office within two years after the
date on which the Board issues to the applicant a certificate
to practice law, the court will usually revoke such certificate.
The Board will consider only those applications for admission
by motion from persons admitted to practice in a state that
permits Virginia attorneys to be admitted on motion.
An attorney recognized to practice before the Patent and Trademark
Office in patent and trademark cases may file an application
to be admitted to practice patent and trademark law in the courts
of Virginia without examination if the state where that attorney
is licensed offers reciprocal privileges to Virginia attorneys.
The Board will conduct a full Character and Fitness review for
an applicant making an application by motion.
Our attorneys are experienced in counseling and assisting applicants
who seek admission by motion.
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