Adopted | UPL Opinion 218: regarding power of attorney and the uniform power
of attorney act.
Approved by the Supreme Court of Virginia September 13, 2021. Effective
immediately.
September 13, 2021:
On September 13, 2021, the Supreme Court of Virginia approved UPL Opinion 218.
The changes are effective immediately.
view the Court's order (PDF file)
June 21, 2021:
VSB Council unanimously approved draft UPL Opinion 218 at its meeting on June
18, 2021. The proposed opinion will be presented to the Supreme Court of
Virginia for approval. The petition will be posted here after it is sent to
the Court. View the
petition to the Court (PDF file of petition correction made 7/16/21 and uploaded 7/19/21.) and
Appendix (PDF file added 6/28/21.)
April 29, 2021:
The Standing Committee on Legal Ethics will present proposed UPL Opinion 218
to Bar Council at its meeting on June 18, 2021.
February 25, 2021
Standing Committee on Legal Ethics seeking public comment on Unauthorized
Practice of Law Opinion 218: does the uniform power of attorney act authorize
a non-lawyer agent/attorney-in-fact to represent the principal in court?
Pursuant to Part 6, § IV, ¶ 10-2(C) of the Rules of the Supreme Court of
Virginia, the Virginia State Bar’s Standing Committee on Legal Ethics
(“Committee”) is seeking public comment on proposed Unauthorized Practice of
Law Opinion 218. This opinion addresses whether to reconsider UPL Opinion 194
in light of the Virginia legislature’s enactment of the Uniform Power of
Attorney Act (UPOAA) in 2010. Specifically, whether, pursuant to the UPOAA, a
power of attorney would allow a non-lawyer agent/attorney-in-fact to prepare,
sign and file pleadings with a court on behalf of the principal and then
appear and represent the interests of the principal before the court, without
engaging in unauthorized practice of law. In proposed UPL Opinion 218 the
Committee concludes that the UPOAA does not change the analysis and
conclusions of UPL Opinion 194 and the UPOAA does not create a “carve out,”
explicit nor implicit, to allow nonlawyers to practice law under a private POA
given by one person to another.
view proposed UPL Opinion 218
(PDF file)
Inspection and Comment
The proposed opinion may be inspected above or by contacting the Office of
Ethics Counsel at (804) 775-0557.
Any individual, business, or other entity may file or submit written comments
in support of or in opposition to the proposed opinion with Karen A. Gould,
executive director of the Virginia State Bar,
not later than March 31, 2021. Comments may be submitted via
email to
[email protected].