Exhibit 5.1 OPINION OF JENKENS & GILCHRIST PARKER CHAPIN LLP August 31, 2001 Xybernaut Corporation 12701 Fair Lakes Circle Fairfax, Virginia 22033 Gentlemen: We have acted as counsel to Xybernaut Corporation, a Delaware corporation (the "Company"), in connection with the Registration Statement on Form S-3 (the "Registration Statement") being filed with the Securities and Exchange Commission under the Securities Act of 1933, as amended, for the registration for resale by the selling stockholders listed therein of 1,895,364 shares of Common Stock, par value $.01 per share (the "Common Stock"), of the Company. Of the 1,895,364 shares of Common Stock being registered, 1,324,503 shares are currently issued and outstanding (the "Shares") and 570,861 shares are issuable upon exercise of warrants by the selling stockholders (the "Warrants"). In connection with the foregoing, we have examined originals or copies, satisfactory to us, of the Company's (i) Certificate of Incorporation and (ii) Bylaws. We have also reviewed such other matters of law and examined and relied upon all such corporate records, agreements, certificates and other documents as we have deemed relevant and necessary as a basis for the opinion hereinafter expressed. In such examination, we have assumed the genuineness of all signatures, the authenticity of all documents submitted to us as originals and the conformity with the original documents of all documents submitted to us as copies or facsimiles. As to any facts material to such opinion, we have, to the extent that relevant facts were not independently established by us, relied on certificates of public officials and certificates of officers or other representatives of the Company. Based upon and subject to the foregoing and the compliance with applicable state securities laws, we are of the opinion that (i) the 1,324,503 shares of Common Stock currently outstanding are validly issued, fully paid and nonassessable and (ii) the remaining 570,861 shares of Common Stock being registered, if and when issued upon surrender of the Warrants and exercise and the payment of the exercise price as provided in the Warrants, will be validly issued, fully paid and nonassessable. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference made to us under the caption "Legal Matters" in the prospectus constituting part of the Registration Statement. Very truly yours, JENKENS & GILCHRIST PARKER CHAPIN LLP E-3