These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 

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TOPICAL TABLE OF CONTENTS

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A. Lawyers and Their Firms

      1. Lawyers
           Reporting another lawyer's unethical conduct 21
           Non-Virginia lawyers 41

      2. Types of Lawyers
           In-house lawyers 57
           Insurance defense lawyers 54
           Family law lawyers 73
           Trust and estate lawyers 76
           Real estate lawyers 58
           Commonwealth's Attorneys 51
           Disbarred and suspended lawyers 59
           Non-Virginia lawyers 41

      3. Lawyers Acting in Other Roles
           Lawyers acting as trustees 60
           Lawyers acting as executors 61
           Lawyers acting as corporate officers or directors 63
           Lawyers acting as deed of trust trustees 64
           Lawyers acting as notaries 65
           Lawyers acting as "scriveners" 66
           Lawyers acting as guardians ad litem 67
           Lawyers acting as mediators 68
           Lawyers acting as expert witnesses 69
           Lawyers acting as registered agents 70
           Lawyers acting in other roles (miscellaneous) 32

      4. Law Firms
           Letterhead and firm names 55
           Office sharing 33
           Office sharing by lawyers and non-lawyers 53
           "Of Counsel" relationship 11
           Law firm staff 28
           Withdrawing lawyers (including non-compete issues) 12
           Lawyer changing jobs 5
           Lawyer-owned businesses 50
           Law firms - miscellaneous 45

B. Representations

      1. Representations of Entities
           Representing corporations 71
           Representing partnerships 72
           Lawyers representing joint ventures 62
           Representing associates 74
           Representing estates and executors 75
           Representations of Entities (Miscellaneous) 15

      2. Dealing With Unrepresented People
           Dealing with unrepresented people 25

      3. Withdrawal From Representations
           Withdrawal from representation 36

      4. Ownership of Files
           Ownership of files and attorney lien issues 14

      5. Miscellaneous
           Representations - miscellaneous 44

C. Conflicts of Interests

      1. Beginning of the Representation
           Interviews with prospective clients 22

      2. Simultaneous Representations
           Adversity to current clients 1
           Multiple representations on the same matter 3

      3. Successive Representations
           Adversity to former clients 2

      4. Lawyer's Personal Interests
           Lawyer's personal interests 16

           Lawyer-Owned Businesses
                Lawyer-owned businesses 50

      5. Witness-Advocate Rule
           Witness-Advocate Rule 4

      6. Miscellaneous Conflicts
           Representation of or adversity to witnesses 24
           Family conflicts 7
           Judge conflicts 19
           Government official conflicts 20
           Government lawyer conflicts 9
           Former government lawyers 10

      7. Consent and Prospective Waivers
           Consent and prospective waivers 18

      8. Miscellaneous
           Conflicts of interests - miscellaneous 43

D. Confidentiality

      1. Protecting and Disclosing Confidences and Secrets
           Protecting and disclosing confidences and secrets 31

      2. Disclosing Confidences Under Court Order
           Disclosing confidences under court order 30

      3. Fraud on the Tribunal
           Fraud on the tribunal 17

      4. Duty to Advise the Court
           Duty to advise the court 56

      5. Fruits and Instrumentalities of Crimes
           Fruits and instrumentalities of crimes 26

      6. Miscellaneous
           Confidentiality - miscellaneous 46

E. Litigation

      1. Communicating With the Adversary
           Communicating with an individual adversary 77
           Communicating with an employee of a corporate adversary 78
           Communicating with a governmental adversary 79
           Communicating with an adversary's expert 80
           Communicating with an adversary's health provider 81
           Communicating with the adversary (miscellaneous) 23

      2. Threatening Criminal and Disciplinary Action
           Threatening criminal and disciplinary action 35

      3. Litigation Tactics (Including Misrepresentations, Tape Recordings)
           Litigation tactics (including misrepresentations, tape recordings) 27

      4. Settlements
           Settlements 37

F. Marketing

      1. Firm Names and Letterhead
           Letterhead and firm names 55

      2. Advertising
           Advertising 82

      3. Solicitation
           Solicitation 83

      4. Direct Mail Marketing
           Direct mail marketing 84

      5. Business Cards
           Business cards 85

      6. Descriptions of Certification and Specialization
           Descriptions of certification and specialization 86

      7. Lawyer Referral Services
           Lawyer referral services 47

      8. Payments to Solicit Recommendations
           Payments to solicit recommendations 42

      9. Marketing (Miscellaneous)
           Marketing (miscellaneous) 13

G. Financial

      1. Bills and Fees
           Bills and fees 8

           Fees in Family Law Cases
                Fees in domestic cases 52

      2. Advancing Fees and Costs
           Advancing fees and costs 29

      3. Fee Splitting
           Fee splitting 38

      4. Lawyers Paid by Third Party
           Lawyer paid by third party 6

      5. Trust Accounts
           Trust Accounts 40

      6. Limiting Liability to Clients
           Limiting liability to clients 34

H. Miscellaneous
     Miscellaneous 39