Rule 1A:6 of the Rules of the Supreme Court of Virginia allows military attorneys licensed in other jurisdictions to obtain a Military Legal Assistance Attorney Certificate in order to represent clients in Virginia courts.
Time spent as a military attorney in Virginia qualifies towards the Virginia Admission on Motion requirements.
Eligibility
Military attorneys must be admitted to the practice of law in a state or territory of the United States, other than Virginia, be employed by the armed services, and be authorized to provide legal assistance pursuant to 10 U.S. Code § 1044. Military attorneys must be employed, stationed, or assigned within Virginia.
Practice
Military attorneys may appear before a court or tribunal in Virginia on behalf of a client eligible for legal assistance and for whom hiring an attorney in private practice would entail a substantial financial hardship to themselves or their families. Military attorneys may participate in the following cases:
- Adoptions
- Guardianships
- Name changes
- Divorces
- Paternity
- Child custody and visitation, and child and spousal support
- Landlord-tenant disputes on behalf of tenants
- Consumer advocacy cases involving alleged breaching of contracts or warranties, repossession, or fraud
- Garnishment defense
- Probate
- Enforcement of rights under the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S. Code App. § § 501-548, 560-593)
- Enforcement of rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S. Code § § 4301-4333)
- Such other cases within the discretion of the court or tribunal where the matter is pending.
Military attorneys cannot:
- Undertake to represent any person other than an eligible legal assistance client before a Virginia court or tribunal.
- Offer to provide legal services in Virginia to any person other than as authorized by his or her military service.
- Undertake to provide legal services in Virginia to any person other than as authorized by his or her military service.
- Hold himself or herself out in Virginia to be authorized to provide legal services to any person other than as authorized by his or her military service.
All pleadings filed are required to cite this military rule and 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 attorney registered under the military rules who provides the legal representation.
Practice under the military rules is deemed to be the practice of law. Military attorneys are subject 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).
Application and Certification
Attorneys must file an Application with the Secretary of the Virginia Board of Bar Examiners.
Termination
Military attorneys are required to promptly report to the Virginia 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 attorney has been admitted to the practice of law. Military attorneys must also report 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 attorney has been admitted to the practice of law.
Authority to practice automatically terminates when:
- The attorney is no longer employed, stationed, or assigned at the military base in Virginia from which affidavit required by this rule was filed.
- The attorney has been admitted to the practice of law in this state by examination or pursuant to any other provision of part 1A (Virginia Admission on Motion).
- The attorney fails to comply with any provision of the military rules.
- The attorney 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.
- 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 military attorney is no longer employed, stationed, or assigned at the military base in Virginia from which the required affidavit was filed, but the attorney, within six months, is re-employed by, or militarily reassigned to, the same military base or by another military base in Virginia filing the required affidavit, the Military Legal Assistance Attorney Certificate will be reinstated upon evidence satisfactory to the Board that the military attorney remains in full compliance with all requirements of this rule.