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Unauthorized Practice of Law
The Rules of the Supreme Court of Virginia (the "Rules") state
that no non-lawyer may engage in the practice of law in the
Commonwealth of Virginia or in any manner hold himself out as
authorized or qualified to practice law in the Commonwealth
of Virginia except as may be authorized by rule or statute.
A "lawyer who provides services not authorized by this rule
must associate with an attorney authorized to practice in Virginia"
and that "failure of the foreign attorney to comply with the
requirements of these provisions shall render the activity by
the attorney in Virginia to be the unauthorized practice of
law."
These general rules focus on the three key concepts that determine
unauthorized practice of law in Virginia:
1. The Definition of Non-Lawyer
The Rules define a "non-lawyer" as "...any person, firm, association
or corporation not duly licensed or authorized to practice law
in the Commonwealth of Virginia." However, the term "non-lawyer" does not include foreign attorneys who provide legal advice
or services in Virginia under specific restrictions and qualifications.
This foreign attorney exception is a very narrow exception intended
only to permit a non-Virginia attorney, licensed in another
state in the United States, to provide incidental and occasional
legal services to a client, including matters involving the
application of Virginia law, where the foreign attorney represents
the client in the state where he or she is admitted to practice.
This exception cannot be construed as allowing a non-Virginia
attorney to establish a regular practice in Virginia of advising
clients on matters involving the application of Virginia law.
2. The Definition Of The Practice Of Law
3. Whether Advising A Client In Virginia On Matters Not Involving
Virginia Law Constitutes An Unauthorized Practice of Law
In general, a foreign attorney may advise a Virginia client
in Virginia on matters regarding litigation which is pending
in a jurisdiction in which the foreign attorney is admitted
to practice law and on matters involving federal law so long
as the foreign attorney is admitted in a federal court. However,
the foreign attorney may continue to provide such advice only
until Virginia legal issues arise in the matter. It would be
considered the unauthorized practice of law for a foreign attorney
to advise a Virginia client in Virginia on matters that involve
law which is neither federal law nor the law of a jurisdiction
in which the foreign attorney is authorized to practice law.
A multi-jurisdictional law firm with an office in Virginia,
staffed with Virginia licensed lawyers, may employ a foreign
attorney. However, the foreign attorney must restrict his practice
to advising clients on matters involving the law of the jurisdiction
where he or she is authorized to practice. It would be the unauthorized
practice of law for a foreign attorney to provide legal services
to a client on matters involving the application of Virginia
law unless the work is performed under the direct supervision
of, and is reviewed by, a Virginia licensed attorney before
being given to the client.
The Virginia State Bar has issued opinions and rules about other
activities of Foreign Attorneys when considering the unauthorized
practice of law.
Our attorneys are well versed on the rules and exceptions for
the unauthorized practice of law. We have counseled law firms
opening offices or hiring attorneys not licensed to practice
in the Commonwealth of Virginia on the nuances of these rules,
the rules regarding representation before Virginia Courts and
the exceptions made specifically for patent attorneys.
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