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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3-Multiple Representations on the Same Matter

24-Representation of or Adversity to Witnesses

A lawyer may not represent any of three co-defendants when one of the co-defendants has admitted to a more intimate involvement in the crime, because the other two clients may be called as prosecution witnesses and the lawyer would be placed in the "untenable position of having to cross-examine his clients on the same matter as his defense of the same client, in order to exonerate another client." It is doubtful that consent would cure this problem.

Copyright 2000, Thomas E. Spahn