News and Information
January 11, 2022

Supreme Court of Virginia Approves LEO 1896 and Amends Rules

On Tuesday, January 11, 2022, the Supreme Court of Virginia approved Legal Ethics Opinion 1896 to be effective immediately and amended its Rules to be effective March 12, 2022.

LEO 1896 concerns out-of-state lawyers working remotely in Virginia and reiterates the conclusion of LEO 1856 regarding foreign lawyers by affirming that “…Virginia has no interest in restricting the practice of a lawyer whose only connection to Virginia is a physical location within the state” when foreign lawyers are doing remote work from a location in Virginia. The Court’s Order may be found here.

The Court also approved amendments to several its Rules, all of which are effective March 12, 2022.

The Court’s amendments to Rule 1A:1 govern admission to the Bar for foreign attorneys, as well as regulations governing admission to the Bar via the Virginia Bar Exam. The Court’s addition of Rule 1A:9 concerns rules applicable to Virginia Legal Aid Counsel not barred in Virginia, and the manner in which they may apply to the Virginia Board of Bar Examiners to practice in Virginia. The full Order may be found here.

The Court also approved changes to Part Six, Section II, Rule 1.2. governing Scope of Representation. The Court’s Order may be found here.

Lastly, the Court approved Part Six, Section IV, Paragraph 13-6.H. amendments concerning protocols for Agreed Dispositions in a Disciplinary Proceeding. The Order may be found here.

Updated: Jan 12, 2022