| LEO NO |
TOPIC NO |
SUMMARY |
| 197 |
41
|
A law firm may use a non-Virginia lawyer to search titles as long as the lawyer does not render services to firm clients. (10/1/1968) |
| 325 |
41, 55
|
A Virginia law firm and an out-of-state law firm may not use the same name and letterhead if they are not a partnership or share professional liability. (6/6/1979) |
| 388 |
41, 45
|
A non-Virginia lawyer who is a registered patent lawyer may practice trademark law in Virginia and create a partnership with Virginia lawyers as long as the partnership only practices before the Patent & Trademark Office. (8/7/80) [USPTO ethics rules preempt any Virginia ethics rules, and would allow such a partnership; Va. LEO 1843 (4/16/08)] (8/7/1980) |
| 393 |
41, 45
|
A non-Virginia lawyer may own and operate a legal clinic in Virginia as long as the corporation is domesticated and all legal services are performed by Virginia lawyers. (12/15/1980) |
| 440 |
13, 41
|
A multi-jurisdictional law firm may include Virginia lawyers in the firm's retainer agreements without listing the non-Virginia lawyers. (11/18/1981) |
| 828 |
41, 55
|
A foreign citizen who is not licensed to practice law in the United States may not indicate on letterhead that the lawyer is a legal adviser to various countries, since it would tend to be misleading. (9/23/1986) |
| 858 |
41, 55
|
A multi-state law firm must indicate on its letterhead which lawyers are members of the Virginia State Bar and which are not, and may include a footnote indicating that the non-Virginia lawyers are admitted in other states. (11/10/1986) |
| 1026 |
13, 41, 55
|
If a law firm lists different states where its lawyers are licensed, the names of the lawyers should be included. A statement indicating that the law firm "serves" three jurisdictions might give the erroneous impression that each lawyer is licensed in those jurisdictions. (2/1/1988) |
| 1093 |
17, 41, 21
|
Two lawyers represent a felon. After the trial, the client advises one of the lawyers that the other lawyer (who is a member of an out-of-state bar) instructed the client to commit perjury. The lawyer must disclose this information to the tribunal and (if it raises a substantial question of the other lawyer's fitness to practice law) to the Virginia Bar and the bar of the state in which the other lawyer practices. [If information about the ethics violation is a client confidence, a lawyer may report the other lawyer's misconduct only if the client consents under Rule 1.6(c)(3); the lawyer considering whether to report must consult with the client under that Rule.] (8/1/1988) |
| 1130 |
38, 41
|
A foreign lawyer may refer cases to a Virginia lawyer and retain one-half of the fee as long as the lawyers comply with the fee-splitting rules (including client consent and assumption by both lawyers of responsibility to the client). [This LEO was overruled by Rule 1.5(e), which does not require that a lawyer sharing in fees also share responsibility, thus allowing "referral fees" if the client consents after full disclosure.] (10/18/1988) |
| 1143 |
41, 55
|
A law firm's letterhead should indicate the jurisdictional limitations of any of the listed lawyers' practices. A non-Virginia lawyer may negotiate with a Virginia lawyer without engaging in the unauthorized practice of law. (10/26/1988) |
| 1154 |
21, 41
|
A foreign state bar would have jurisdiction over a foreign lawyer's actions in that state. [Rule 8.5 determines which state's disciplinary rule would apply to violations.] (11/2/1988) |
| 1342 |
11, 41
|
A lawyer may include a non-Virginia lawyer as "of counsel" on the firm's letterhead, but the characterization must be accurate. Providing business advice and financial assistance to the firm does not create an "of counsel" relationship. (4/20/1990) |
| 1434 |
35, 41
|
A lawyer may not threaten to bring criminal charges to gain a civil advantage. A lawyer not a member of the Virginia Bar is not subject to Virginia's disciplinary rules, but the lawyer's conduct "may be of interest to the disciplinary body of the jurisdiction in which he is licensed to practice." [Under Rule 8.5, a non Virginia lawyer is subject to Virginia discipline if providing services in Virginia.] (10/21/1991) |
| 1636 |
8, 39, 40, 41
|
A Virginia firm bills its clients for the firm's costs, as well as costs incurred by foreign law firms. The Virginia firm does not place the client reimbursement checks in its trust account, and sometimes reimburses the foreign law firms many months later. If the Virginia firm has already paid the foreign law firm for its costs, then the Virginia firm may place the client's reimbursement checks in its operating account. However, the reimbursement checks must be placed in the trust account if the foreign law firms have not yet been reimbursed. Likewise, the Virginia firm may not use the clients' reimbursement checks for other purposes, but instead has an ethical duty to immediately pay the foreign law firms. (4/19/1995) |
| 1743 |
41
|
Virginia lawyers may not form a partnership or LLC with foreign legal consultants (not admitted in any state) if any of the activities would constitute the practice of law. (4/13/2000) |
| ABA-423 |
41, 45
|
U.S. law firms may include partners who are foreign lawyers, as long as the arrangement complies with U.S. and foreign law, and the foreigners are “members of a recognized legal profession in the foreign jurisdiction” (examples include lawyers in European Union countries, Great Britain, Japan, and Sweden); U.S. lawyers must avoid assisting in the unauthorized practice of law by foreign lawyers in the U.S., and should remember that many countries recognize only a narrow attorney-client privilege (for example, most civil law countries do not protect communications with in-house corporate counsel). (9/22/2001) |
