VIRGINIA UPL OPINION 107


Foreign Attorneys ? Scope of Permissible Practice.

It is not the unauthorized practice of law for a non-Virginia licensed attorney to do “client intakes??? — providing that this involves nothing more than the gathering of factual data. [UPR Definition (A)]

It is the unauthorized practice of law for a non-Virginia licensed attorney to render legal advice in Virginia — either on Virginia law or the law of his home jurisdiction. However, it is permissible for this non-Virginia attorney to advise a Virginia attorney who may then render advice to a client if he deems this advice acceptable. [UPR Definition (A)(1), (B)]

A non-Virginia licensed attorney may render advice and execute cases in Virginia involving federal law if specifically permitted by federal law. [UPL Op. 55; UPR 9-102(A)(2)]

An attorney licensed in a foreign country should be referred to and identified as a lawyer licensed to practice in that foreign country only. [DR 3-104(E); UPR Definition B]

Committee Opinion
August 14, 1987
Updated: Aug 28, 2006