Virginia State Bar

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Military Law

A Section of the Virginia State Bar.

Military Law Newsletter - Spring 2014

Military Law News

New Rule Allows Civilian Attorney Spouses of Active Duty Servicemembers to Practice in Virginia

By Dwain Alexander, II

The military family often serves and sacrifices with the servicemember. No one knows this better than the military spouse.  Of significant importance to the military law section is the plight of the attorney military spouses who are unable to maintain their careers and practice in many states because of the license requirements.  This situation changed for military attorney spouses in Virginia on Friday, May 16, 2014, when the Supreme Court of Virginia issued an order adopting a new attorney licensing rule.  The Rule 1A:8, titled "Military Spouse Provisional Admission Rule” allows the military spouse to practice law while their active duty husband or wife is on orders to military installations in Virginia or the National Capital Region.
Rule 1A:8 lists the specific criteria required of military attorney spouses who will have to comply with many basic requirements for practicing in Virginia.  Included in those basic elements are 8 hours of procedural and/or substantive CLE instruction and 4 hours of ethics.  Additionally, the military spouse attorney must practice under the supervision of an attorney licensed in Virginia.  Under the provisional license, the military spouse attorney may practice law in Virginia for the duration of their husband's or wife's military assignment in Virginia or the National Capital Region.

The Military Law Section welcomes the military spouse attorneys in Virginia to the Bar.  We invite you to work with the Section to make the Virginia Bar more informed on military issues, rights and benefits.