Rule 3 Exceptions
Rule Text
Non-lawyers and/or Foreign Lawyers (as defined by Part 6, § II, Rule 5.5, Rules of Supreme Court of Virginia) may engage in any of the following actions, even though they may constitute the practice of law:
(A) Providing legal services as permitted by Va. Code § 54.1-3900 (military legal assistance attorneys; third-year law students or persons in the last year of study in the law reader program practicing under the supervision of a practicing attorney; employees of state agencies in the course of employment representing the agency; non-lawyer employees of the Department of Social Services preparing and signing form petitions for the establishment, modification or enforcement of support in juvenile and domestic relations district courts); legal aid societies licensed by the Virginia State Bar pursuant to Va. Code § 54.1-3916 and non-lawyer employees thereof representing society patrons before a tribunal under the direct supervision of a legal aid staff attorney as authorized by the governing body of that society and the rules of that tribunal; provided, however, that the legal aid staff attorney shall assume personal responsibility for any work performed by the non-lawyer.
(B) Providing legal services as a foreign attorney as authorized by Part IA of the Rules of Supreme Court of Virginia to include attorneys admitted pro hac vice, corporate counsel, registered military assistance attorneys, foreign legal consultants and military spouse provisional admittees.
(C) Providing legal services as a Foreign Lawyer pursuant to Part 6, § II, Rule 5.5 of the Rules of Supreme Court of Virginia (Virginia Rules of Professional Conduct).
(D) Acting as a lay representative authorized by law to appear before administrative agencies or tribunals.
(E) Appearing and filing certain pleadings as authorized under Va. Code § 16.1-88.03 and § 16.1-81.1 (employees or officers of certain business entities).
(F) Acting as a real estate settlement agent authorized by law to provide escrow, closing or settlement services for real estate transactions in the purchase or financing of real estate in the Commonwealth of Virginia. Va. Code, Title 55, Chapters 27.2 and 27.3.
(G) Preparing legal documents as an employee of an entity that are incidental to the entity’s business and in connection with a transaction in which the entity has a direct or primary interest.
(H) Performing the tasks as a trustee pursuant to Va. Code § 64.2-778.
(I) Discharging the duties and exercising the powers of a trustee on a deed of trust pursuant to Va. Code § 55-59.4.
(J) Preparing Advanced Medical Directives pursuant to Va. Code §§ 54.1-2984, 54.1-2988, 54.1-2988.1 and 54.1-2993.1.
(K) Practicing before the Internal Revenue Service and the United States Tax Court as authorized by law.
(L) Participating in labor negotiations, arbitrations or conciliations arising under collective bargaining rights or agreements.
(M) Preparing a memorandum of understanding or agreement resulting from an alternative dispute resolution proceeding, to include, when necessary, completion of a child support guidelines worksheet.
(N) Working as a paralegal or providing other administrative support under the direct supervision of a licensed attorney.
(O) Providing assistance as a court clerk to litigants in completing for filing, forms prescribed by the Supreme Court of Virginia or other tribunal; information shall be limited to description of forms, instructions for use, and required sections to complete. Court clerks shall not engage in providing legal advice, recommendations or opinions as part of the court clerk’s assistance.
(P) Serving as a registered patent agent.
(Q) Preparing and filing pleadings in general district court to recover possession of leased premises and/or recovery of rent as permitted by Va. Code § 55-246.1.* [see “Annotations”]
(R) Providing other legal services as authorized by state, federal or other law.