Va. Code » Title 54.1. Professions and Occupations » Subtitle IV. Professions Regulated by the Supreme Court » Chapter 39. Attorneys » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 54.1-3904 (2026)

Penalty for practicing without authority

✓ current as of May 2026
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Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor. A collection agency may refer debts to an attorney for collection with the creditor's approval of the referral and the fee arrangement and shall not be deemed to be engaged in the unauthorized practice of law. An attorney is permitted by the creditor's authorization to enter into such representation agreements.

Code 1950, § 54-44; 1988, c. 765; 1994, c. 441.

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1997–2025 · leading case: Nerri v. Adu-Gyamfi, 613 S.E.2d 429 (Va. 2005).
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Nerri v. Adu-Gyamfi, 613 S.E.2d 429 (Va. 2005). · cites it 8× “As these provisions demonstrate, the status of an attorney during the time his or her license is administratively suspended is no different from that of an individual or an attorney who has never been licensed in Virginia — neither is authorized to practice law in this…”
Withers v. Eveland, 988 F. Supp. 942 (E.D. Va. 1997). · cites it 7× “Va.Code § 54.1-3904; 4 15 U.S.C. § 1692e(5).”
In Re Soulisak, 227 B.R. 77 (Bankr. E.D. Va. 1998). · cites it 4× “Va.Code Ann. § 54.1-3904 (Michie 1997). 6 .”
Landes v. Cavalry Portfolio Servs., LLC, 774 F. Supp. 2d 800 (E.D. Va. 2011). · cites it 3× “2-11 (providing that a conviction for a Class 1 misdemeanor is punishable by imprisonment for not more than twelve months and a fine of not more than $2,500.”
Orlando v. Smith (W.D. Va. 2024). · cites it 11× “See Va. Code § 54.1-3904 (2022). On November 16, 2023, Samuel swore out a criminal complaint to a Virginia magistrate stating that Rebecca committed this alleged offense during a non-party deposition in Orlando v.”
Orlando v. Neal (W.D. Va. 2024). · cites it 11× “See Va. Code § 54.1-3904 (2022). On November 16, 2023, Samuel swore out a criminal complaint to a Virginia magistrate stating that Rebecca committed this alleged offense during a non-party deposition in Orlando v.”
Yovani Cardenas Flores v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 4× “” Code § 54.1-3904; see Nerri v. Adu-Gyamfi, 270 Va.”
Patricia M. Jones v. Steven M. Jones, 635 S.E.2d 694 (Va. Ct. App. 2006). · cites it 6× “2d 429, 430 (2005) (citing Code § 54.1-3904). The Supreme Court of Virginia reasoned that, “[w]e have held that a pleading signed by a foreign attorney who is not authorized to practice law in this Commonwealth is invalid and has ‘no legal effect[.”
John B. Russell, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 3× “The trial court entered a final order on September 24, 2021, convicting Russell of a misdemeanor under Code § 54.1-3904 and imposing a jail sentence of 6 months and a $2,500 fine.”
Rubin v. Am. Soc'y of Travel Agents, Inc., 78 Va. Cir. 1 (Alexandria Cir. Ct. 2008). “According to the defendant, § 54.1-3904 only addresses penalties to be imposed on non-lawyers (for example, law students) or unlicensed lawyers (for example, foreign attorneys) who purport to practice law, and the plaintiff is and was at all times a licensed member of the bar in…”
Tavenner, as Chapter 7 Tr. v. ULX Partners, LLC (Bankr. E.D. Va. 2021). · cites it 2× “”), the unauthorized practice of law, if proven, may be an unlawful act that can give rise to a conspiracy claim, see Va. Code Ann. § 54.1-3904 (“Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor.”
Herbert W. Lux, s/k/a Herbert W. Lux, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2013). · cites it 2× “1-3900 (only persons licensed to practice law in Virginia may practice law in Virginia); Code § 54.1-3904 (penalty for practicing law without authority).”
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