Paragraph 3 Classes of Membership

Members of the Virginia State Bar are divided into six classes, namely: (a) Active Members, (b) Associate Members, (c) Judicial Members, (d) Disabled Members, (e) Retired Members; and (f) Emeritus Members. Each member must submit in writing to the Virginia State Bar an address of record and email address of record, either of which may be used for official membership for regulatory purposes by the Virginia State Bar, and the address of record which is to be used for notices of disciplinary proceedings. If a member’s address of record is not a physical address where process can be served, the member must also submit in writing to the Virginia State Bar an alternate physical address where process can be served. The alternate address is personal information and will not be disclosed in response to a request pursuant to Section 2.2- 3704, Code of Virginia. Members have a duty promptly to notify the Virginia State Bar in writing of any changes in their address of record, email address of record, or any alternate address. Members, by request, may have their names and addresses removed from the Virginia State Bar's membership list when it is distributed for other than Virginia State Bar official purposes.

(1) Active Members—Those lawyers who are admitted to practice law in the Commonwealth of Virginia and who are in good standing, qualify for active membership in the Virginia State Bar. They may become active members by paying the dues prescribed for active members and satisfying all other regulatory requirements. Each active member’s address of record will establish the judicial circuit in which the member is authorized to vote and hold office in the Virginia State Bar. For purposes of this subparagraph, “good standing” means the lawyer has satisfied all requirements for membership as established by these Rules, and has no current disciplinary or administrative suspension.

(2) Associate Members—Associate members are entitled to all the privileges of active members except that they cannot practice law, vote nor hold office (other than as members of committees) in the Virginia State Bar. Those lawyers who have been admitted to practice law in the Commonwealth of Virginia, and all persons on the law faculties of any law schools located in this state that have been approved by the American Bar Association, may become associate members of the Virginia State Bar upon application to the Virginia State Bar and payment of the required dues.

(3) Judicial Members—Lawyers who are admitted to practice law in any U.S. jurisdiction and who establish their authority to adjudicate the rights and liabilities of parties in adversarial proceedings other than arbitration on a full time basis, and who make final decisions affecting the rights and liabilities of parties, notwithstanding a right of appeal of the non-prevailing party, including Virginia magistrates; and, who are Virginia licensed lawyers at the time of application to the judicial class of membership, or preside in a tribunal located in Virginia, or, by virtue of the applicant’s official position, have the authority to, and regularly, judicially interpret Virginia law, qualify for judicial class membership in the Virginia State Bar. They may become judicial members by filing an annual affirmation with the Virginia State Bar which identifies their tribunal or jurisdiction, address of record, and judicial title. They are not required to pay dues but are entitled to all the privileges of active members except that they cannot vote nor hold office in the Virginia State Bar. Former judges who do not engage in the practice of law and are ineligible to transfer to the retired class of membership may retain their judicial class membership by completing the annual affirmation indicating their previous title and tribunal or jurisdiction.

(4) Disabled Members—Any member of the Virginia State Bar, on the basis of a disability, may submit to the Virginia State Bar a written request to be transferred to the disabled class of membership. Members who seek this status must submit adequate medical and/or psychological documentation with the request. Members approved for transfer to the disabled class are not required to pay dues, are not authorized to practice law, and cannot vote or hold office in the Virginia State Bar.

(1) A disabled member who has filed a declaration (endorsed by the member and member’s counsel or guardian ad litem, as applicable) with the Clerk of the Disciplinary System and the Virginia State Bar’s Membership Department affirming that the member will not seek a transfer from the disabled class of membership may not seek reinstatement to any other class of membership.

(2) A disabled member who has not filed a declaration as described in subparagraph (d)(1) may submit a petition to the executive director in writing for transfer to active, associate, retired or emeritus membership and state in the petition each circumstance that has changed since the member elected disabled membership. Adequate medical and/or psychological documentation must be submitted with the petition demonstrating that the member is fit and capable of practicing law. If there are any misconduct complaints or proceedings pending in any jurisdiction when the executive director receives a petition for reinstatement, or if there is any concern regarding the member’s fitness or capacity to practice law, the executive director must defer consideration of the petition until the misconduct or disability issue is resolved. Once reviewed by the executive director, the Executive Committee of the Virginia State Bar will review and act on any such petition, taking into account the recommendation of the executive director. The Executive Committee may deny a petition for reinstatement if the member has been publicly disciplined in any jurisdiction or is determined to have a disability raising a serious question as to the member’s fitness or capacity to practice law. If the Executive Committee approves the petition, the member will be transferred to active, associate, retired or emeritus status conditioned upon payment of the appropriate dues, satisfaction of any other regulatory requirements, and payment of any outstanding financial obligations to the Virginia State Bar. Medical and/or psychological information provided pursuant to this subparagraph (d) is confidential and will not be disclosed by the Virginia State Bar.

(5) Retired Members—Any member of the Virginia State Bar, upon attaining 70 years of age, may submit to the Virginia State Bar a written request to be transferred to the retired class of membership. Members approved for transfer to the retired class are not required to pay dues, are not authorized to practice law, and cannot vote or hold office in the Virginia State Bar.

(1) A retired member who has filed a declaration (endorsed by the member and member’s counsel or guardian ad litem, as applicable) with the Clerk of the Disciplinary System and the Virginia State Bar’s Membership Department affirming that the member will not seek a transfer from the retired class of membership, may not seek reinstatement to any other class of membership.

(2) A retired member who has not filed a declaration as described in subparagraph (e)(1) may submit a petition to the executive director in writing for transfer to active, associate, disabled or emeritus membership and state in the petition each circumstance that has changed since the member elected retired membership. Adequate documentation must be submitted with the petition showing that the member is fit and capable of practicing law. If there are any misconduct complaints or proceedings pending in any jurisdiction when the executive director receives a petition for reinstatement, the executive director must defer consideration of the petition until the misconduct issue is resolved. Otherwise, the executive director will consider and act on any such petition.

(3) The executive director may deny a petition for reinstatement if the member has been publicly disciplined in any jurisdiction or, if in the discretion of the executive director, the member is determined to have a disability raising a serious question as to the member’s fitness or capacity to practice law. If the executive director denies the petition, the Executive Committee of the Virginia State Bar must review the decision of the executive director. If the executive director approves the petition, the member will be transferred to active, associate, disabled or emeritus status conditioned upon payment of the appropriate dues, satisfaction of any other regulatory requirements, and payment of any outstanding financial obligations to the Virginia State Bar.

(6) Emeritus Members—A member of the Virginia State Bar may, upon request to the Virginia State Bar with the supporting materials specified in this subparagraph, become an emeritus member and provide exclusively pro bono legal services, as defined by Rule 6.1 of the Rules of Professional Conduct and its comments subject to the terms and conditions stated in this subparagraph. Emeritus members are not required to pay dues, cannot practice law except as specified in this subparagraph, and, except as members of the committees and sections, cannot vote or hold office in the Virginia State Bar. At the time of requesting emeritus member status, a lawyer must be an active, associate, judicial, disabled, or retired member in good standing of the Virginia State Bar who (a) for a total of 10 years or more, either has been an active member of the Virginia State Bar or has practiced law in any U.S. jurisdiction; (b) has not been disciplined for professional misconduct by the bar or courts of any jurisdiction within the past 10 years; and (c) intends to provide exclusively pro bono services in association with one or more qualified legal services provider. A qualified legal services provider, for the purposes of this subparagraph, is a Virginia licensed legal aid society, or other not-for-profit entity, organized to provide and which does provide, in whole or in part, any of those legal services identified in Rule 6.1 in Virginia. An emeritus member agrees to neither ask for nor receive any compensation of any kind from the client, except for out-of-pocket expenses, for the legal services to be rendered under this subparagraph. The prohibition against compensation of an emeritus member does not prevent the qualified legal services provider from reimbursing the emeritus member for actual expenses incurred while rendering services under this subparagraph nor does it prevent the qualified legal services provider from charging for its services as it may otherwise properly charge. The qualified legal services provider is authorized to receive all court-awarded attorney’s fees for any representation rendered by an emeritus member. An emeritus member, in association with the qualified legal services provider with which the member is affiliated, is authorized to practice law on behalf of current clients of the qualified legal services provider.

(1) Certification. Each year, an emeritus member must file with the Virginia State Bar a certification of affiliation for each qualified legal services provider with which the member will be affiliated. The certification must include whether the emeritus member is covered by professional liability insurance. Emeritus members must provide the annual certification to the Virginia State Bar within 60 days of receiving the renewal request from the Virginia State Bar. Failure to timely certify will result in the emeritus member’s status being changed to “Not In Good Standing” and the emeritus member’s authorization to practice law under this paragraph will be administratively suspended.

(2) Membership Requirements. In order to practice law under this paragraph, a member must comply with the membership requirements prescribed in Paragraph 3 of Part 6, Section IV of the Rules of the Supreme Court of Virginia, including, but not limited to, disabled and retired members petitioning for reinstatement as required herein. Emeritus members must comply with the mandatory continuing legal education requirements for active members as provided in paragraph 17. Additionally, emeritus members must comply with all requirements set forth in Part 6, Section IV of the Rules of the Supreme Court of Virginia with the exception that they are not required to pay dues and other fees, nor comply with the certification requirements in Paragraph 18.

(3) Change of Membership. An emeritus member may change to any membership class upon meeting the requirements of that class as prescribed in Paragraph 3, including changing to active or associate membership without petitioning for reinstatement under the procedure prescribed in subparagraph (e) of this rule for retired members. The amendments effective July 15, 2025, revised Paragraph 3(f) defining Emeritus class members of the VSB. The amendments effective March 18, 2023, revised Paragraph 3(c) defining Judicial class members of the VSB. The amendments effective June 30, 2020, (1) impose an email address of record requirement for all members; (2) create separate membership classes for retired and disabled members (with corollary changes to Paragraph 13-23.K.); (3) remove the requirement for active members to be “engaged in the practice of law;” (4) revise some procedures for electing different membership classes; and (5) update the Rule’s language to eliminate ambiguous terminology. The amendment effective January 1, 2019, facilitates retirement for a lawyer suffering from a permanent impairment, such as an irreversible cognitive decline, by allowing retirement with dignity instead of having the lawyer's license suspended on impairment grounds. With this amendment, the impaired lawyer could transfer to the Disabled and Retired class of membership. Effective March 1, 2018 changes to Paragraph 3 modified the status of Emeritus Members allowed to provide pro bono services. The amendments alter the number of years an attorney must have been engaged in active practice before becoming an emeritus member, and they abolish the requirement to practice under the direct supervision of legal aid attorneys.