Adopted | Legal Ethics Opinion 1896, Out-of-State Lawyers Working Remotely
in Virginia.
Adopted by the Supreme Court of Virginia January 11, 2022. Effective
immediately.
January 11, 2022
On January 11, 2022, the Supreme Court of Virginia adopted
Legal Ethics Opinion 1896, Out-of-State Lawyers Working Remotely in Virginia
effective immediately.
View the Court's order
(PDF)
November 25, 2021
At its meeting on October 29, 2021, the Virginia State Bar
Council approved proposed Legal Ethics Opinion 1896, Out-of-State Lawyers
Working Remotely in Virginia. The proposal has been presented to the Supreme
Court of Virginia for approval.
View the petition to the Court
View the appendix to the petition to the Court
September 28, 2021
At its meeting on September 16, 2021, after discussion, the
committee voted to send the opinion to Council for approval at its meeting on
October 29, 2021.
June 29, 2021
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 Legal Ethics Opinion 1896,
Out-of-State Lawyers Working Remotely in Virginia. This opinion addresses the
remote work questions sparked by the COVID-19 pandemic and discusses opinions
on the question from other states and the ABA while reinforcing the conclusion
from LEO 1856 that a foreign lawyer may maintain a continuous and systematic
presence in Virginia as long as the lawyer is engaged in the practice of law
of their licensing jurisdiction and/or exclusively federal law that does not
require Virginia licensure. While the foreign lawyer does not have to remain
“invisible” within Virginia, they cannot hold out as authorized to practice
law in Virginia and must appropriately disclose their status.
Inspection and Comment
The proposed opinion may be inspected below, 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 August 30, 2021.
Comments may be submitted via email to
[email protected].
View proposed LEO 1896
(PDF file posted 6/29/21)