Virginia Board of Bar Examiners - Frequently Asked Questions

Frequently Asked Questions - (FAQ)

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Your Character and Fitness investigation is conducted by the Virginia Board of Bar Examiners. The Character and Fitness Questionnaire is completed online after you complete the Threshold Requirements and Application interviews. At this time, you do not need to obtain a report from the National Conference of Bar Examiners.

No, however you must have completed an LL.M. degree from an ABA approved law school and passed a bar exam in a state or territory of the United States, or the District of Columbia.

Your membership status may be active or inactive as long as you are in good standing in your reciprocal jurisdiction.

There is no minimum time requirement for being a member of a reciprocal jurisdiction. At the time of your application, you must be a member in good standing of the “highest court” of a reciprocal jurisdiction.

Yes, you must have been a member of “a” bar (reciprocal or not reciprocal) for a minimum of 5 years at the time of your application.

No, you must have met all of the minimum threshold requirements at the time your application is received.

Qualified law practice is the full-time practice of law in a jurisdiction where you are licensed to practice law or are authorized to practice law. Practice from an office located in a jurisdiction where you are not licensed (including Virginia), may be accepted as qualifying practice if you establish, by satisfactory evidence, that such practice is permitted by statute, rule, court order, or by written confirmation from the admitting or disciplinary authority of the jurisdiction where the practice occurred.

If you are practicing, for example, federal law or immigration law in a jurisdiction where you are not licensed, you can submit the authority, UPL opinion, court order, rule, etc. from that jurisdiction that authorizes your practice.

You must have been engaged in the full-time qualified practice of law for at least 3 of the last 5 years (36 of the last 60 months) immediately prior to submitting your application.

No, it does not. Your minimum current and qualified law practice can be in your reciprocal jurisdiction or in any other jurisdiction where you are/were licensed to practice law or engage in the authorized practice of law.

No. You can fail no more than 2 bar examinations EVER. If you have failed, in full or in part, 3 or more bar examinations in any jurisdiction or combination of jurisdictions, you do not qualify for Admission Without Examination. For example, if you sat for the bar examination on 3 different occasions and were unsuccessful in New York, each of those attempts is considered a fail, and you do not qualify for Admission Without Examination.

If you have failed, in full or in part, any bar examination in the last 5 years or if you have ever failed more than 2 bar examinations, you do not qualify for Admission Without Examination.

For Admission Without Examination, the full-time practice of law is defined as a minimum of 32 hours per week. In addition, you must also demonstrate, through the documentation submitted with your application, that you have made such progress in the practice of law that it would be unreasonable to require you to take an examination to demonstrate current minimum competency.

No. You cannot apply for Admission Without Examination until your membership has been reinstated or until any pending disciplinary matters have been resolved. You must submit with your application a Certificate of Good Standing and a Certificate of Discipline for each jurisdiction where you are or were licensed to practice law.

You may use your Virginia Corporate Counsel, Part 1, admission to satisfy the qualified practice of law requirement. You must also satisfy all other minimum threshold requirements of Rule 1A:1 to qualify for Admission Without Examination.

For purposes of Admission Without Examination, the practice of law ordinarily shall not mean document review work.

No. There is a specific course (W. Scott Street, III Rule 1A:1 Reciprocity Course) that must be completed prior to applying for Admission Without Examination. Upon completion of the course, a Certificate of Attendance will be generated to submit with your application. The 1A:1 Reciprocity Course must have been completed no more than six (6) months prior to receipt of your application.

The application fee is $575. In addition, each applicant must pay the character and fitness investigation fee in accordance with the character and fitness fee schedule.

December 15.

May 10.

No. The filing deadline is statutory. The Board does not have authority to waive or extend the filing deadline. If your application is not received in accordance with Va. Code § 54.1-3925, your application will be denied.

See § 54.1-3925 of the Code of Virginia.

If your application is not received in the Secretary's office by the filing deadline (May 10 for the July exam; December 15 for the February exam), it may be deemed to be timely filed only if it has been transmitted expense prepaid to the Office of the Secretary of the Board by Priority, Express, Registered or Certified mail via the United States Postal Service, or by a third party commercial carrier for Next-Day Delivery and the official receipt therefor issued by the United States Postal Service or by such third party commercial carrier, which shall be exhibited on demand of the Secretary, shows such transmission or mailing to theSecretary's office on or before the prescribed deadline.

Priority, Express, Registered or Certified mail via the United States Postal Service or Next-Day Delivery by a third party commercial carrier are the only methods of transmission or mailing authorized by the statute. Thus, an application sent by any other form of mail, such as First Class mail, cannot be accepted if it is received after the filing deadline, even if it is postmarked before.

Applications for Examination and Character & Fitness Questionnaires should be filed no more than 90 days prior to the filing deadline, but must be filed by the statutory filing deadline in accordance with § 54.1-3925 of the Code of Virginia.

No. Virginia does not require early law student registration. Applications for Examination and Character & Fitness Questionnaires should be filed no more than 90 days prior to the filing deadline, but must be filed by the statutory filing deadline in accordance with § 54.1-3925 of the Code of Virginia.

The Character & Fitness Questionnaire asks if you have participated in a third year practice program. You do not need to include a copy of your third year practice certificate or application.

No. You must be admitted and in good standing in all jurisdictions where you are/have been licensed in order to apply for admission in Virginia by exam or admission without exam.

No. All application updates or changes must be in writing.

Click here to access the Amendment to an Application and/or Character & Fitness Form.

Click here to access the Change of Address Form.

No part of any application can be received by fax or email. However, if you have a change in status, correction or update to an application that is currently on file, you may mail, email or fax such change. Please reference your name and the exam you applied for on any update submitted.

You will receive two application status emails. The first email is sent when your application has been processed, but no later than 60 days after the filing deadline. The second email is sent within two to three weeks of the bar exam. The emails will acknowledge the items received and will request any outstanding documentation, any additional information required and/or ask you to clarify a response given.

Five times. Although the Board has discretion to grant an applicant permission to take the exam more than five times under the criteria set forth in the statute, such permission is not routinely granted and very seldom after a sixth attempt. See § 54.1-3930 of the Code of Virginia.

See Section I of the Rules of the Board.

Yes. The Board has past Essay Questions (click here) and select sample answers available on the website (click here).

Yes. Graduates of non-ABA law schools can take the Virginia Bar Exam pursuant to §54.1-3926 of the Code of Virginia if the applicant has completed all degree requirements from a law school not approved by the ABA (including a foreign law school), obtained an LL.M. from a law school approved by the ABA, and been admitted to practice law before the court of last resort in any state or territory of the United States or the District of Columbia.

Yes. An applicant can use or transfer an MBE scaled score of 133 or greater, taken within 3 years prior to the date of the exam applied for, from either a previous bar exam taken in Virginia or from a jurisdiction other than Virginia.

No. You do not have to pass the exam in the jurisdiction from which you are transferring your MBE score.

Yes. Any active licensed attorney in good standing, who passed a bar exam in a jurisdiction other than Virginia, and meets all other requirements, may elect to take only the Virginia essay portion of the Virginia Bar Exam.

No. Licensed attorneys who are admitted in a reciprocal jurisdiction and meet all other Minimum Threshold Requirements can apply for Admission Without Examination.

Yes. Graduates of non-ABA law schools can apply to take the Virginia Bar Exam under Option 3 if the applicant has completed all degree requirements from a law school not approved by the American Bar Association (including a foreign law school), obtained an LL.M. from a law school approved by the American Bar Association (ABA), and been admitted to practice law before the court of last resort in any state or territory of the United States or the District of Columbia.

We keep no listing of the various bar review courses, and we do not endorse any particular course or bar review product. You should check with your law school (or a law school in Virginia if you attended an out-of-state law school) for information on what courses may be offered, where they are offered, and the cost.

Yes. It is important that each Virginia lawyer have a good working knowledge of the rules governing professional responsibility and ethical obligations. The MPRE requires a focus on these rules. Additionally, within the first year after a person is admitted to practice law in Virginia, he or she is required by the Supreme Court of Virginia to complete a professionalism course conducted by the Virginia State Bar. Click here for more information.

The Multistate Professional Responsibility Exam (MPRE) is given in March, August, and November of each year at various locations across the country. The dates and filing deadlines are available on the National Conference of Bar Examiners' website. Click here for more information about the MPRE.

Virginia requires an MPRE scaled score of 85 or higher, which may be achieved at any time before taking the bar exam or prior to the expiration of a passing Virginia bar exam score. Passing Virginia bar exam scores are valid for 5 years from the date of the examination. The MPRE requirement must be met before you can be licensed.

No. A valid passing MPRE score is a requirement that must be met before one can be licensed.

Yes. You can change your Option selection choice up to 2 weeks prior to the bar exam. This can be done by submitting a request by letter with your full name, NCBE#, and signature. The request must also include the supporting documentation needed for that Option (if applicable).

For each exam, the Board provides an Allowed Items List for both Day 1 and Day 2. You are allowed to bring only the items listed on the Allowed Items List. If you have a medical condition that requires you to bring items not listed, you must submit a Medical Accommodations Request Form by the deadline.

Arrival time depends on the exam location and total number of applicants. Detailed instructions and information about the upcoming bar exam are provided in the Letter of Instruction. The Letter of Instruction is posted on our website on or about the 1st of January for the February exam and on or about the 1st of June for the July exam.

Each day of the exam consists of 2 three-hour sessions; a morning test session and an afternoon test session, with approximately 1 hour for lunch between sessions.

The Board contracts with various hotels and conference centers to hold the exam. While every effort is made to keep the environment of the test center comfortable and quiet, there are times when events or conditions occur beyond the control of the Board.

Umbrellas are not allowed into the exam room. In the case of inclement weather, you may bring an umbrella, and the Board will provide a location where you can store it. The Board accepts no responsibility for any items brought to the exam site.

Sweatshirts are not allowed, as they are not court-appropriate attire. Any court-appropriate jacket, sweater, scarf or hair accessory must be worn and not carried into the exam room. If the temperature of the room warrants, you may remove your jacket or sweater during testing.

No water is allowed in the exam room. Water stations and/or water fountains are available.

Yes. Applicants are allowed to use the restroom and to get a drink of water during the exam. Applicants must remain in their seats at all other times.

A Medical Accommodation Request Form must be submitted to request permission to bring your lactation pumping equipment to the exam location. Upon approval of your request, the Board will provide a room for pumping before the exam, during lunch and after the exam, and for storing your equipment during the exam.

Most applicants who submit a timely filed application are permitted to sit for the bar exam. Frequently, character and fitness investigations are still in progress as the exam date approaches. If you have any outstanding issues, you will be notified by your Character & Fitness Investigator before or after the bar exam. Failure to comply with any request by your investigator may result in a delay of processing your application or may necessitate a hearing before the Character & Fitness Committee. Extremely serious matters may be brought to the Board or to the Character & Fitness Committee for action before the exam, and a determination will be made as to whether or not you are eligible to sit for the bar exam. All character and fitness issues must be resolved to the satisfaction of the Committee or the Board before an applicant who passes the exam can be licensed. See Section III: Character & Fitness Requirements of the Rules of the Virginia Board of Bar Examiners (Rules).

A lawyer is regularly called upon to handle a client's funds or to advise a client with respect to money management issues. A history of credit problems (delinquent credit card or other charge accounts, missed loan or rent payments, etc.) indicates an applicant's lack of financial responsibility. The Board requires that credit problems be cleared before you can be licensed.

A bankruptcy itself is not a disqualifying factor, but the Character & Fitness Committee and the Board will look at the reasons for the bankruptcy to determine whether there may be disqualifying financial responsibility factors.

Yes. However, it is a factor which will be considered in determining whether a person can prove by clear and convincing evidence that he/she possesses the requisite good character and fitness to qualify for admission to the Virginia bar. The Board's Character & Fitness Committee considers, for example, the nature of the crime, how long ago it was committed, the punishment, and positive contributions to society since the conviction. A pardon or a restoration of the person's civil rights is a positive factor. For a listing of all the factors which are considered, see the Board's Rules.

It is your responsibility to locate the details of every traffic offense. Contact the court in the jurisdiction where you were charged. In Virginia, you can access records online at http:/www.courts.state.va.us. If the violation(s) are purged from the court’s database, provide to the best of your memory all circumstances of the violation in as much detail as possible.

Student loans from one lender (or servicer) can be consolidated into one line item. Disbursement dates may be listed as a period of time, and the dollar amount may be listed as the total principal amount.

You may combine your student loan information and provide the total amount listed if the lender and account numbers are identical or if the loans have been consolidated.

No. Each question must be completed by the applicant. It is not your Character & Fitness Investigator's responsibility to extract the information from any statements or reports.

If your Character & Fitness Questionnaire was submitted fewer than five (5) years ago, only a Character & Fitness Update form is required with your application.

Applicants have a continuing duty to report immediately, in writing, anything that would modify a response to any question asked on any part of the Application or Character & Fitness form. This includes, but is not limited to: address, marriage status, employment, criminal or traffic violations, disciplinary matters, etc.

The following forms are available:

A full* credit report is a required attachment with any Character & Fitness Questionnaire or Character & Fitness Update form.

You must obtain a full credit report from one of the three nationwide consumer credit reporting companies listed below. Your credit report must be dated within 60 days of the date you submit your application materials.

Federal law requires each of the three nationwide consumer credit reporting companies (Equifax, Experian and TransUnion) to give you a free credit report every 12 months if you ask for it. To obtain your free credit report call 877-322-8228 or visit http://www.annualcreditreport.com.

You may also request a credit report directly from one of the three nationwide consumer credit reporting companies (charges may apply):

1. Equifax - 800-685-1111 or http://www.equifax.com

2. Experian - 888-397-3742 or http://www.experian.com

3. TransUnion - 800-888-4213 or http://www.transunion.com

*A full credit report should include:

Creditor's name and address
Account numbers
Type of account
Payment history
Balance due
Outstanding debt
Age of the account
Any public record or collection items

A credit report and driving record are required with all Character & Fitness Questionnaires and Character & Fitness Update Forms. All credit reports and driving records must be dated within 60 days of the date they are submitted to this office.

A 3-in-1 credit report contains account information from all three credit reporting agencies: Equifax, Experian, and TransUnion. A 3-in-1 credit report is not preferred, but will be accepted.

No. A credit score is not required to be provided with your full credit report.

A driving record is required from each state in which you currently hold a drivers license as well as from each state where you held a drivers license in the last five (5) years. Your driving records do not need to be certified and can be ordered through a third-party servicer.

You are only required to report parking tickets that are more than 90 days past due.

Most diagnoses and treatments are not required to be disclosed. Only when an applicant’s condition or impairment is so severe that it affects his or her ability to practice law in a competent, ethical or professional manner is it relevant to the applicant’s character and fitness and, therefore, must be disclosed.

The Virginia Judges and Lawyers Assistance Program (VJLAP): https://vjlap.org

No part of a Character & Fitness Questionnaire can be received by fax or email. However, if you have a change in status, correction, or update to a complete application that is currently on file, you may mail, email or fax such change. Please reference your name and the exam you applied for on any update submitted. Click here to access the Amendment to an Application and/or Character & Fitness Form.

Not necessarily. For Character & Fitness, no news is good news. Your investigator will contact you should any outstanding documentation be required or should a clarification of a response be needed. If, upon passing the exam, you are required to appear before the Character & Fitness Committee for a hearing, you will be notified in advance.

VIRGINIA BOARD OF BAR EXAMINERS

2201 W. Broad Street

Suite 101

Richmond, VA 23220

(804) 367-0412 Phone (calls answered 9:00 to 3:00)

(804) 367-0416 Fax

Hours: 8:30 to 4:30 Monday through Friday

Closed on State Holidays

VIRGINIA STATE BAR

Bank of America Building

1111 E. Main Street, Suite 700

Richmond, VA 23219-3565

(804) 775-0500

http://www.vsb.org

SUPREME COURT OF VIRGINIA

100 North Ninth Street

Richmond, Virginia 23219

(804) 786-2251

http:/www.courts.state.va.us

Bar exam fees consist of both an Application and Character & Fitness fee. Both the Application and Character & Fitness must be filed simultaneously.

Application for Examination Fees

Application Type	Fee
Original Application	$575
Re-Application	$575
Update of a Previously Filed Application (for those who are eligible to carry forward from the previous exam)	$275

Character & Fitness Fees

Character & Fitness Type	Fee
Character & Fitness Questionnaire	$575
Character & Fitness Update Form (for applicants who are applying for the bar exam and have previously submitted a completed Character & Fitness Questionnaire less than five (5) years ago)	$300

Admission Without Examination

Forms	Fee
Application for Admission Without Examination and Character & Fitness Questionnaire.	$2500

Virginia Corporate Counsel, Part I

Forms	Fee
Application for Virginia Corporate Counsel, Part I and Character & Fitness Questionnaire.	$1500

Virginia Legal Aid Counsel Certificate

Forms	Fee
Application for Virginia Legal Aid Counsel Certificate and Character & Fitness Questionnaire.	$600

Law Reader Program Application

Forms	Fee
Law Reader Program Application and Character & Fitness Questionnaire.	$2500

Military Legal Assistance Attorney

Forms	Fee
Military Legal Assistance Attorney Application and Character & Fitness Questionnaire.	$250

Military Spouse Provisional Admission

Forms	Fee
Military Spouse Provisional Admission Application & Character & Fitness Questionnaire.	$400

Foreign Legal Consultant

Forms	Fee
Foreign Legal Consultant Application Only (Character & Fitness fee paid directly to NCBE)	$1500

Virginia State Bar Reinstatement

Forms	Fee
Virginia State Bar Reinstatement Application	$300

Miscellaneous Fees

Fee Type	Fee
MBE Score Advisory Request For those seeking a yes/no confirmation on whether their MBE score meets the requirements for a particular jurisdiction	$30
MBE Score Transfer Request For those wishing to transfer their MBE score to a particular jurisdiction For those who sat concurrently in Virginia and another jurisdiction and desire their MBE score be transferred to such concurrent jurisdiction	$50
MPRE Score Request For those wishing to transfer their MPRE score to a particular jurisdiction For those who sat concurrently in Virginia and another jurisdiction and desire their MPRE score be transferred to such concurrent jurisdiction	$50
Replacement Certificate	$100
Incorrect Payment Fee	$50

The laptop program offers all timely filed bar exam applicants the option to use their laptop computers for the essay portion of the Virginia Bar Exam instead of handwriting the essay portion. In order to participate in the laptop program, one must timely register, pay the current fee (see below under "What is the cost for the Laptop Program?") and download special software during the time period allotted. All bar exam applicants who timely and properly register for the laptop program will be allowed to participate.

Laptop registration begins the second Wednesday of January prior to a February exam, and the second Wednesday of June prior to a July exam. The initial registration period extends for 10 days. Late registration, with increased fee, extends until the last day of the month such registration began.

You will handwrite the essay portion of the Virginia Bar Exam.

Click here for the Extegrity Exam4 computer hardware and operating system requirements.

Must have a working USB or USB-C port on your computer.
Must have 10 MB free hard disk space (a very small amount), and minimum 800x600 screen resolution.
Must be able to download the software from the internet and install it on your laptop.
Must have a fully charged battery on the day of the exam.

The cost for participating in the laptop program is $175 during the initial registration period. Late registration (available after the 10th day and until the end of the month registration began) is an additional $50.

The fee covers software licensing plus the additional administrative costs associated with administration of the Laptop Program.

On the day laptop registration begins, a link will be posted on our website which will take you to the software provider's site for instructions on how to register, pay, and download the software.

All payments must be made through Extegrity.

If your laptop crashes prior to the exam, you can obtain a new laptop and download the software onto your laptop up until the Friday before the bar exam.

If your computer has any type of hardware or software problem on the day of the exam, the software technical staff is authorized to make a reasonable effort to resolve it. However, if the problem cannot be resolved easily, or if there is a site power failure, you must be willing to continue taking the examination by handwriting your answers using a pen with dark blue or black ink. You will be permitted to continue handwriting your answers, beginning at the point where you were when your computer malfunctioned. After the session, every attempt will be made to retrieve your answer(s) from your hard drive. The laptop software is designed to protect your work, and it is very likely the data can be recovered, but it is not guaranteed. No extra exam time will be granted in the event your computer malfunctions.

Laptop fees are nonrefundable, nor may they be applied to a subsequent administration of the exam.

An applicant who now wishes to handwrite, and notifies us no later than the Thursday prior to the exam, will be moved to the room where the applicants will be handwriting the exam. An applicant who notifies us after the Thursday prior to the exam, or fails to notify us until the day of the exam, will be seated in the room where applicants will be using their laptops and will be provided paper to handwrite essay answers.

Taking a practice exam is about making sure Exam4 runs as expected on your computer, and it gives you a chance to become familiar with the interface. The way to test the software is to follow the software vendor's instructions for taking a practice exam. There are no questions for a practice exam.

Yes.

Laptop instructions will be given at approximately 8:45 a.m., and the morning session of the exam will begin around 9:00 and end around 12:00 noon. All laptop participants must stay until time has been called and exams have been submitted.

Afternoon instructions will begin at approximately 1:45, and the afternoon session of the exam will begin around 2:00 and end around 5:00.

No. Your Essay answers will be submitted via wifi. However, your laptop must have a working USB or USB-C port. In the event you experience an issue uploading your answers via wifi, Exam4 tech staff will retrieve your answers using a USB device.

No. The laptop room will either be staffed at all times or locked. You will not need to pack up your equipment during lunch.

The essay questions will be on paper. Only your answers will be typed into the computer.

The multiple choice questions are part of the afternoon essay exam. You will select your answers in the multiple choice section of the Exam4 software.

The front cover of your essay questions may be used for scratch paper. No additional paper will be provided unless you experience laptop problems and you need to handwrite your exam.

Either a 2- or 3-prong plug will be sufficient.

Yes, you must bring at least an 8-foot extension cord. Power outlets will be within approximately 8-10 feet of each seat. To ensure that no one has to step over a power cord that is suspended in the air, you must have sufficient extension cord length.

No, the MBE will be a standardized test where you grid circles using a #2 pencil.

No laptop carrying cases or backpacks will be allowed.

No. These accessories are not allowed: An external keyboard, mouse, laptop sleeve/protector, adapters, etc.

There are NO practice questions. The practice exam is for you to become acquainted with using the software and to make sure your computer passes the security check. Just make up an Exam ID and type anything in each answer section so you're comfortable typing your essay answers.

Yes. Violation of these instructions could result in disqualification of your exam.

Yes, all study materials related to the bar exam, no matter what the source, must be removed from any drive on your computer. To keep these items for future use, you should copy all items to a USB or external hard drive before deleting.

Virginia requires an MPRE scaled score of 85 or higher, which may be achieved at any time before taking the bar exam or prior to the expiration of a passing Virginia bar exam score. Virginia bar exam scores are valid for 5 years from the date of the examination. The MPRE requirement must be met before you can be licensed.

The MPRE is a sixty-question, two-hour, multiple choice test given in March, August, and November of each year at various locations across the country.

For more information, go to the Multistate Professional Responsibility Examination (MPRE) section of the National Conference of Bar Examiners' website.

Under Rule 1A:5, "corporate counsel" is defined as “any person employed in Virginia as a lawyer exclusively for a for-profit or a non-profit corporation, association, or other business entity, including its subsidiaries and affiliates, that is not a government entity, and the business of which consists solely of lawful activities other than the practice of law or the provisions of legal services (Employer), for the primary purpose of providing legal services to such Employer, including one who holds himself or herself out as ‘in-house counsel,’ ‘corporate counsel,’ ‘general counsel,’ or other similar title indicating that he or she is serving as legal counsel to such Employer.”

To understand all differences between Part I and Part II, you should read Rule 1A:5 in full. Below is only a highlight of some of the differences:

Rule 1A:5, Part I requirements:	Rule 1A:5, Part II Registrant requirements:
a Juris Doctor degree from an ABA accredited law school	same as Part I or member of a recognized legal profession in a country other than the US
been admitted by examination to practice law before the court of last resort of any state or territory of the US or the District of Columbia	same as Part I or be admitted to practice law only in a country other than the US
is in good standing in all jurisdictions admitted and is an active member in at least one state or territory of the US or the District of Columbia	same as Part I or is in good standing of a recognized legal profession in a country other than the US, and subject to effective regulation and discipline by a duly constituted professional body or public authority in said country.
Rule 1A:5, Part I scope/limitation of practice:	Rule 1A:5, Part II scope/limitation of practice:
is limited to practice exclusively for the Employer furnishing the affidavit required by Part I(b)(8) of this rule, including its subsidiaries and affiliates, and may include appearing before a Virginia court or tribunal as counsel for the Employer. Except as specifically authorized under Part I(f), no lawyer certified pursuant to Part I of this rule may (i) undertake to represent any person other than his or her Employer before a Virginia court or tribunal; (ii) offer or provide legal services to any person other than his or her Employer; (iii) undertake to provide legal services to any other person through his or her Employer; or (iv) hold himself or herself out to be authorized to provide legal services or advice to any person other than his or her Employer.	he or she will at no time undertake to represent his or her Employer or any other person, organization or business entity before a Virginia court or tribunal except as permitted pursuant to Rule 1A:4 of the Supreme Court of Virginia, (ii) his or her work is limited to business and legal services related to issues confronting his or her Employer at a regional, national or international level with no specific nexus to Virginia, and (iii) he or she will not provide legal advice or services to any person other than his or her Employer.
Pro Bono Service. Notwithstanding the restrictions set out in Part I(e) on the scope of practice, a lawyer certified pursuant to Part I of this rule may, and is encouraged to, provide voluntary pro bono publico services in accordance with Rule 6.1 of the Virginia Rules of Professional Conduct.	Pro Bono Service not allowed
Rule 1A:5, Part I miscellaneous/other:	Rule 1A:5, Part II miscellaneous/other:
The period of time a lawyer practices law under a Corporate Counsel Certificate issued pursuant to Part I of this rule will be considered in determining whether the lawyer has fulfilled the active practice of law requirement for admission to practice law in Virginia without examination pursuant to Rule 1A:1 and any guidelines approved by the Supreme Court of Virginia for review of applications for admission without examination.	No time spent as Corporate Counsel Registrant will be considered in determining eligibility for admission to the Virginia Bar without examination.
Applications are processed by the Virginia Board of Bar Examiners	Applications are processed by the Virginia State Bar

An "Employer" means any entity in Virginia that is a for-profit or a non-profit corporation, association, or other business entity, including its subsidiaries and affiliates, that is not a government entity, and the business of which consists solely of lawful activities other than the practice of law or the provisions of legal services.

The Employer must file an affidavit from an officer of the Employer attesting to the fact that the prospective corporate counsel/applicant is employed as legal counsel to provide legal services exclusively to the Employer, including its subsidiaries and affiliates, and that the nature of the applicant's employment conforms to the requirements of Part I.

In order to obtain a Corporate Counsel Part, I Certificate, one must:

be admitted by examination to practice of law before the court of last resort of any state, territory of the United States, or the District of Columbia,
hold a Juris Doctor degree from a law school accredited by the American Bar Association,
currently be an active member in good standing in at least one state or territory of the United States or District of Columbia,
not currently be subject to lawyer discipline or the subject of a pending disciplinary matter in another jurisdiction,
possess good moral character and general fitness to practice law in Virginia,
have read and be familiar with the Virginia Rules of Professional Conduct,
have paid such fees as may be set by the Board,
have filed an affidavit, on a form furnished by the Board, from an officer of the applicant’s Employer.

The terms "active” and “in good standing" mean that the applicant is authorized to practice law in another state or territory where they are admitted or have a law license. Lawyers who are licensed in another state or territory but whose license has been suspended or revoked, or whose license classification does not permit them to practice law, or who have permitted their license to lapse into an inactive status are not "active and in good standing" and therefore cannot apply under Rule 1A:5.

The Board investigates all aspects of an application and the Character and Fitness Questionnaire. The more thorough and accurate the information contained in your application, the faster the process. The timeline for completion depends on how quickly the Board receives responses to our inquiries. It can take up to 6 months, but with timely responses, we typically complete the process in 2 to 3 months. Providing current contact information and email addresses for your references and employers helps expedite the process.

After the Board receives your Affidavit of Employer and a fully completed Corporate Counsel Part I application, the Board will issue you a Provisional Certificate, which will authorize you to practice as in-house or corporate counsel during the time your application is being processed.

A Corporate Counsel, Part I Provisional Certificate remains in effect until you are notified that either (i) your application is rejected; or (ii) you are approved by the Board to be eligible to practice pursuant to Part I of the Rule.

The Board will notify you (via email) and the Supreme Court of Virginia that your Corporate Counsel Part, I application has been approved. Thereafter, the Supreme Court will contact you (via email) to schedule a time to appear before the Supreme Court of Virginia in Richmond to take the oath required of attorneys at law. After taking the oath, a Corporate Counsel Certificate will be issued, which must immediately be provided to the Virginia State Bar so that you can complete the official registration forms and pay the required fee to become a member of the bar.

The Supreme Court of Virginia has set aside certain dates for those approved for Corporate Counsel to be sworn in. Upon notification that your application has been approved, you must take the oath before the Court and complete the registration requirements at the Virginia State Bar within six months or your Corporate Counsel Part, I approval will be withdrawn and you will be required to begin the application process anew.

Prior to full approval of your application by the Board, you have a duty to provide in writing any change in circumstance that would render any answer in your application or Character & Fitness Questionnaire no longer true.

After becoming a member of the Virginia State Bar, any change in employment status must be reported by you and your Employer to the Virginia State Bar (not the Virginia Board of Bar Examiners).

If you currently hold a Corporate Counsel Part, I Certificate and choose to change corporate employment, you must contact the Virginia State Bar to request a change of Employer and new affidavit of Employer form.

If more than 30 days has lapsed between corporate employments, you will be required to submit a new application and Character and Fitness form to the Virginia Board of Bar Examiners. The cost of re-applying for a new Corporate Counsel Part I Certificate will depend on when your most recent Character & Fitness Questionnaire was received. Contact the Virginia Board of Bar Examiners at 804-367-0412 for further inquiry.

Any change in employment from that described in the affidavit filed by the Employer, must be reported to the Virginia State Bar by both you and your Employer.

If your employment is terminated, the Virginia State Bar will automatically suspend the certificate or registration issued under Part I or II. After termination, should you seek employment with a different corporation, you must submit a new Corporate Counsel application, Character and Fitness form and required fee.

Other than termination, the Virginia State Bar may also suspend your authority to practice in Virginia if (a) you fail to comply with any provision of Part I or Part II of the Rule, or (b) should you be suspended or disbarred for disciplinary reasons in any state, territory of the United States or the District of Columbia or by any federal court or agency before which you have been admitted to practice.

Administrative suspensions may also occur as a result of your not meeting annual renewal requirements or not completing MCLE requirements, if applicable.

Approximately one week after the Board receives your application, you will receive an email from the Board (please check your Inbox and Spam folder) notifying you that you have been provisionally approved under Rule 1A:9(c), or that additional information is required to process your application. If you would like a simple confirmation that your application was received by the Board, please submit a self-addressed stamped envelope with your original application, which the Board will stamp as received and return to you. Please note that completed applications are processed in the order they are received.

Please contact your local clerk of court with specific questions about local procedures. It may be helpful for you to provide a copy of the email or letter from the Board stating that you are provisionally approved under Rule 1A:9(c), along with a copy of Rule 1A:9. You may also wish to provide a copy of your Legal Aid Employer's affidavit required under Rule 1A:9(b)(9).

The processing of your application could take 4 to 6 months, depending on how quickly the Board receives responses to character and fitness investigation inquiries. With timely responses, we typically complete the process in 2 to 3 months. Applications with current email contact information for all references helps expedite the process.

No. However, pursuant to Va. Code Section 54.1-3903, "[a]n attorney who has qualified before a court other than the Supreme Court shall be qualified to practice only in the court which administered the oath." But, "[a]n attorney who has qualified before the Supreme Court of Virginia shall be qualified to practice in all courts of the Commonwealth." Id. If you wish to practice in other Virginia courts, you must take the oath by appearing before the Justices of the Supreme Court of Virginia or have the oath individually administered in each court where you intend to practice.

A Legal Aid Counsel Certificate holder will receive a Virginia State Bar ID after registering with the Virginia State Bar and paying the annual dues required of active members. To register with the Virginia State Bar, please contact the Regulatory Compliance department by emailing membership@vsb.org or calling 804-775- 0530.

On the results page of this website you will find the date when we expect to release the results of the most recent Bar Exam. A list of passing applicants will be posted on that page in alphabetical order and a formal notice will be mailed to each person who has taken the examination. Please note that the expected release date may be delayed if persons telephone the Secretary's office to inquire about the release date, thus interrupting the processing and checking of examination scores.

Immediately following the exam, each examiner reads and assigns preliminary scores to a sample of the essay answers. The examiners then meet with professors from the approved Virginia law schools to discuss the essay questions. The law school representatives often suggest alternative approaches to answering some of the questions, which the examiners may consider and adopt if appropriate. Following the meeting with the professors, the examiners reach a consensus on grading guidelines for each question.

Immediately following the exam, the multistate answer sheets are sent to the National Conference of Bar Examiners, which scores the answer sheets in accordance with an answer key developed by the testing committees of the National Conference of Bar Examiners. Because questions asked at one administration of the MBE may prove to be, on the average, easier or more difficult than those asked on some other administration, MBE raw scores are equated and converted to scaled scores to adjust for such differences. Virginia uses the MBE scaled score in combination with the Virginia Essay scaled score to determine the pass/fail status of the applicant.

Yes. The minimum passing score depends on the exam Option selected.

For Option 1, 2A or 2B, applicants sitting for the Virginia Essay and either sitting for the MBE at the same exam administration or using/transferring a prior MBE score to Virginia, the minimum passing score is a combined weighted total of 140. Both portions of the exam will be weighted and combined to determine if the applicant has achieved the minimum passing score. Such weighting is made by combining 60% of the Virginia Essay exam scaled score and 40% of the MBE scaled score.

For Option 3 applicants, licensed attorneys, the score is based solely on the Virginia Essay. A minimum score of 64 raw points, out of a possible 100 raw points, is a passing score.

MBE SCORE

The MBE has 200 multiple choice questions, and an applicant's raw score is the number of questions answered correctly. Because questions asked at one administration of the MBE may prove to be, on the average, more difficult than those asked on some other administration, MBE raw scores are equated and converted to scaled scores to adjust for such differences. This procedure is designed so that it will be no harder or easier to earn a given MBE scaled score on one administration of the MBE than on any other administration of this part of the bar exam.

ESSAY SCORE

Each of the nine essays are graded on a 10-point scale, and each correct answer of the ten multiple choice questions is worth 1 point. Thus, the maximum essay raw score is 100 points: (10 points x 9 essay questions) + (1 point x 10 multiple choice questions). As a group, the essay and multiple choice questions asked on one administration of the Virginia Bar Exam may be harder or easier than those asked at another time. To adjust for these differences, the essay raw scores are converted to the same scale of measurement as that used to report the MBE scaled scores. As a result of this step, the average essay scaled score in Virginia will be equal to the average MBE scaled score. This method is designed to permit the passing standard to remain as constant as possible from one exam to the next, so that an applicant is neither rewarded nor penalized for having taken one exam or another.

COMBINED WEIGHTED TOTAL

The Board of Bar Examiners has determined that the Virginia Essay scaled score should carry 60% of the weight of the examination and the MBE scaled score should be allocated 40%. Accordingly, the formula is:

Combined Weighted Total = (.60 x Essay scaled score) + (.40 x MBE scaled score)

Passing Virginia bar exam scores are valid for 5 years from the date of the examination.

Since the exam is designed to measure minimum competency, it is not intended to rank the applicants who achieve higher than the minimum passing score. A high score on a minimum competency exam can be misleading and has no meaningful value. If you fail the exam, the Board will disclose your scores so that you can use the information in your efforts to prepare better for a future Virginia exam.

Regrading is done automatically. At the conclusion of the initial grading and combining of the Virginia essay scaled score and MBE scaled score, the Board regrades the essay papers of approximately ten percent of those applicants whose initial total scaled score is near but below the minimum passing score of 140. The Board may determine that the overall quality of an applicant's answers may adequately demonstrate minimum competence, resulting in that applicant achieving the minimum passing score. After the regrading, all scores are final and not appealable. All grading is done anonymously.

Many applicants, for one reason or another, may fail the exam on a first attempt but pass comfortably on the second. Frequently, success requires only more serious study and preparation, and the Board members are unable to meet with applicants who have failed only once. However, after an applicant has failed on two or more occasions, the Secretary of the Board will, upon request, review the applicant's essay answers from the past exam and talk with the applicant to attempt to identify weaknesses which may become apparent from the previous answers. The Secretary will not review individual answers with an applicant or discuss or debate scores on those answers. Rather, the purpose is to help an applicant identify, from a grader's perspective, areas needing improvement.

Only one conference per applicant is permitted. Please note that essay answers are retained only for one year from the date the examination was taken.

For those who have failed a July exam and a previous exam, requests for a conference must be received by November 15th.
For those who have failed a February exam and a previous exam, requests for a conference must be received by May 15th.

When making a request for a conference, please include your name, address, daytime telephone number, and an email address. Also include all exams on which you have been unsuccessful. You may mail your request, or you may fax it to 804-367-0416.

If you need or want to be sworn in to every court in the Commonwealth, including the Supreme Court of Virginia:

You may attend the next A&O Ceremony (offered every June and December),or
contact the Supreme Court of Virginia Clerk’s Office at 804-786-2251 or scvclerk@vacourts.gov to obtain alternative dates to be sworn in virtually or in person when the Court is in session.

If you will primarily practice at one (or a few) courts in the Commonwealth:

You may be sworn in at each court where you will be practicing. It is recommended that you contact the local court’s clerk’s office to understand the procedure of that court.

You may practice law only after you have received a license by the Virginia Board of Bar Examiners (VBBE), have paid the required dues to the Virginia State Bar (VSB), and are an active member in good standing. See Va. Code §§54.1-3900 and 3910. Every person licensed by the VBBE or admitted to practice before the Supreme Court of Virginia shall register with the VSB within one year after licensure or admission if they intend to practice law in the Commonwealth of Virginia. Va. S. Ct. R., Part 6, §IV, ¶ 2(a). However, you may not appear in any court in the Commonwealth until you are "sworn in," i.e., administered the oath of qualification by the Supreme Court of Virginia or qualified by an individual court to practice only in that court. See Va. Code §54.1-3903. If you are not yet "sworn in," but are an active member in good standing of the VSB, you may engage in the practice of law but you may not appear in court on behalf of a client. The A&O Ceremony at the Supreme Court of Virginia qualifies you to practice in any court in the Commonwealth, but not any federal or bankruptcy courts in Virginia. You must be separately admitted to the federal and bankruptcy courts. Note that the signing and filing of a pleading with a court is an appearance in that court and you must be admitted to practice in that court to do so.

Find this and more about legal ethics practice and the law on the Legal Ethics homepage.

No, you do not need to pre-register. Attorneys should arrive during registration to check in.

The June A&O Ceremony is intended to swear in attorneys who passed the most recent February bar exam. The December A&O Ceremony is intended to swear in attorneys who passed the most recent July bar exam. If you were licensed more than one year prior to the ceremony you intend to attend, please contact mralston@vsb.org to be added to a list at check-in.

Unfortunately, no. For the June and December A&O Ceremonies, a sponsor will be provided for you. Designated sponsors will read the names of the attorneys present to be sworn in. If you attend an alternative ceremony, not the June or December A&O Ceremonies, you may provide your own sponsor only for in-person ceremonies held when the Court is in session; a sponsor will be provided for virtual admission ceremonies.

The Supreme Court of Virginia Clerk’s Office will update the oath card accordingly.

You may pay by check, money order, or cash.

Yes, but you may not pay by cash at the June or December ceremonies.

If you have registered with the VSB, your Bar card will be mailed to you. You can still be sworn in if you don’t have your physical bar card yet. A representative from the VSB will be on site at the A&O Ceremony to answer questions you may have about the status of your registration with the VSB.

The current Virginia Bar Exam consists of two components: the Multistate Bar Examination (MBE), created by the National Conference of Bar Examiners (NCBE), and a Virginia-specific essay exam. NCBE will discontinue the MBE after February 2028, prompting the Board to seek an alternative that ensures a rigorous assessment of applicants’ competency.

Virginia will administer the NextGen UBE for the first time in July 2028. This timing should allow law students, law schools and other stakeholders ample time to adjust curricula and make informed decisions.

The NextGen UBE will include a mix of question types, including multiple choice, short answer and constructed-response questions, such as essays and performance tasks.

Starting in July 2028, the NextGen UBE will test the following subjects: business associations, civil procedure, constitutional law, contract law, criminal law, evidence, family law, real property and torts; and will test the following lawyering skills: legal research, legal writing, issue spotting and analysis, investigation and evaluation, client counseling and advising, negotiation and dispute resolution, and client relationship and management.

The NextGen UBE will be 9 hours long, administered over 1.5 days (6 hours on day one and 3 hours on day two). The exam will be given in three-hour segments, with a lunch break between the two segments on day one.

Multiple-choice questions and other question types that can be machine-scored will be scored by NCBE, while the constructed-response questions (essays and performance tasks) will continue to be graded by bar examiners in the jurisdiction where the exam is taken.

The NextGen UBE will produce portable scores for all jurisdictions that agree to accept the scores. Although jurisdictions may use the NextGen UBE without agreeing to accept scores earned in other jurisdictions, the Board hopes that jurisdictions will value the benefits of score portability for examinees and that scores will be portable across all jurisdictions. The Board will revise its current Rules to allow for the acceptance of NextGen UBE scores earned in other jurisdictions.

Yes, you must take the Virginia law component before you can be licensed by examination in Virginia. Consistent with the current rule allowing transfer of an MBE score earned in another jurisdiction, the Board expects to revise its Rules to specify how long a NextGen UBE score earned in another jurisdiction (or on a prior NextGen UBE taken in Virginia) will be accepted in Virginia.

Yes. The Board expects to revise its Rules to allow for the acceptance of NextGen UBE scores earned prior to the first administration of the NextGen UBE in Virginia. Beginning with the July 2028 Virginia Bar Exam, you will be able to transfer a prior NextGen UBE score to Virginia. You will still be required to take the Virginia law component before you can be licensed by examination in Virginia.

Yes, but you must take the Virginia law component before you can be licensed by examination in Virginia.

The Virginia law component will be administered after the lunch break on day two of the NextGen UBE. It will be 3 hours long or less.

Domestic Relations, Evidence, Torts, Virginia Civil Procedure, Virginia Criminal Law & Procedure, and Wills, Trusts & Estates.

The format will be essay questions. The number of questions will be determined based upon the length of the Virginia-specific component, which will be 3 hours or less.

For more information about the NextGen UBE, please contact NCBE or visit https://nextgenbarexam.ncbex.org/