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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80-Communicating with an Adversary's Expert

81-Communicating with an Adversary's Health Provider

A defense lawyer may interview the plaintiff's expert even after losing a motion to allow deposition of the expert, and even if the expert is also the plaintiff's treating physician. The defense lawyer may also interview the plaintiff's treating physician who will not be an expert, but may not offer the physician any advice or tell the physician to disclose the information. The Committee did not offer an opinion on whether a defense lawyer may hire the plaintiff's treating physician as a defense expert, but implied that this could be permissible. [In LEO 1639, the Bar held that this Opinion was overruled by Va. Code § 8.01-399(D).]

Copyright 2000, Thomas E. Spahn