Must a corporation s in-house counsel be licensed to practice in Virginia?
The Supreme Court of Virginia adopted Rule 1A:5[4] to govern corporate counsel in Virginia, effective September 1, 2003. That rule requires all attorneys, not active members in good standing of the Virginia State Bar, who wish to serve as in-house counsel in Virginia to either be certified or registered under the terms of the rule. Under Part I of the new rule, a lawyer may obtain a corporate counsel certificate permitting limited representation of one Virginia employer. The certificate authorizes in-house counsel to represent his or her employer in state courts without a pro hac vice appearance as would otherwise be required by Rule 1A: 4.[5] The lawyer must meet all the requirements for Virginia State Bar membership, including CLE requirements. Should this lawyer ever choose to become an active member of the Virginia State Bar without examination pursuant to Rule 1A:1[6], work done pursuant to a corporate counsel certificate constitutes the practice of law for that determination. Und
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