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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35-Threatening Criminal and Disciplinary Action

A threat to seek an advisory opinion from the Bar on an adversary's conduct does not violate the prohibition on threatening a disciplinary action. The Bar cannot determine whether a settlement agreement indicating that each party was to bear its own "costs" precludes the filing of a motion for award of attorneys' fees in a civil rights case, because it would require a factual determination.

Copyright 2000, Thomas E. Spahn