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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4-Witness-Advocate Rule

It is probably improper for a law firm to represent a client in a malicious prosecution claim when one of the firm's partners was involved in the criminal prosecution from which the civil action arose. Furthermore, the partner may well be a witness in the civil case to establish the existence of probable cause.

Copyright 2000, Thomas E. Spahn