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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ABA-378

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80-Communicating with an Adversary's Expert
Although the Model Rules do not specifically prohibit a lawyer from ex parte contacts with the adversary's expert, such contacts probably would be improper if the case were pending in federal court (or if the state had adopted a rule similar to the federal rule). Even if the interview is proper, the lawyer should not inquire into matters protected by the attorney-client privilege or work product doctrine.

Copyright 2000, Thomas E. Spahn