EXHIBIT 5 KENNEDY, BARIS & LUNDY, L.L.P. ATTORNEYS AT LAW SUITE P-15 TEXAS OFFICE 4701 SANGAMORE ROAD WASHINGTON OFFICE SUITE 2550 BETHESDA, MD 20816 SUITE 320 112 EAST PECAN STREET (310) 229-3400 1226 NINETEENTH STREET, NW SAN ANTONIO, TX 78205 FAX: (301) 229-2443 WASHINGTON, DC 20036 (210) 228-9500 (202) 835-0313 FAX: (210) 228-0781 FAX: (202) 835-0319 June 12, 2003 Board of Directors James Monroe Bancorp, Inc. 3033 Wilson Boulevard Arlington, Virginia 22201 Gentlemen: As special legal counsel to James Monroe Bancorp, Inc. (the "Company"), we have participated in the preparation of the Company's Registration Statement on Form S-8 to be filed with the Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended, relating to the issuance of up to 250,000 shares, as adjusted (the "Shares") of the Company's Common Stock in connection with the Company's 2003 Equity Compensation Plan (the "Plan"). As counsel to the Company, we have examined such corporate records, certificates and other documents of the Company, and made such examinations of law and other inquiries of such officers of the Company, as we have deemed necessary or appropriate for purposes of this opinion. Based upon such examinations we are of the opinion that the Shares, when issued in accordance with the provisions of the Plan and awards granted pursuant thereto, will be duly authorized, validly issued, fully paid and non-assessable shares of the Common Stock of the Company. We hereby consent to the inclusion of this opinion as an exhibit to the Registration Statement on Form S-8 filed by the Company and to the reference to our firm contained. Sincerely, /s/ Kennedy, Baris & Lundy, L.L.P.