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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  Topic: 69 - Lawyers Acting as Expert Witnesses
LEO NumTopicsSummaryDate
1520

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10-Former Government Lawyer Conflicts

69-Lawyers Acting as Expert Witnesses

A former government patent examiner may act as an expert witness regarding issues on which the examiner had not worked and for which the examiner had no substantial responsibility while a public employee. 4/12/1993
ABA-407

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69-Lawyers Acting as Expert Witnesses

A lawyer serving as an expert witness does not establish an attorney-client relationship with the party for whom the lawyer will testify, although the lawyer may be bound by other law to keep any information acquired from the party confidential. Because a lawyer acting as an expert consultant may be bound by the ethics rules, the lawyer should define the relationship carefully at the beginning. 5/13/1997
1185

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21-Reporting Another Lawyer's Unethical Conduct

69-Lawyers Acting as Expert Witnesses

A lawyer's participation in an abortion clinic protest did not constitute "misconduct" as defined in the Code for purposes of disbarment, but "a lawyer must comply with the applicable rules at all times, whether or not he or she is acting in a professional capacity." 2/22/1989
0950

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69-Lawyers Acting as Expert Witnesses

As long as all clients consent, a lawyer may act as an expert witness for the US Attorney's Office even though a former employee of the criminal defendant is currently an officer of one of the lawyer's corporate clients. [It is unclear why consent would be required.] 7/9/1987

Copyright 2000, Thomas E. Spahn