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

9-Government Lawyer Conflicts

Because an Assistant Commonwealth's Attorney must be a witness in a perjury case based on the defendant's statements at a hearing, the Commonwealth's Attorney's office may not prosecute the perjury matter and should appoint a special prosecutor. [Under Rule 3.7(c), this disqualification is not imputed to the lawyer's firm unless there is an actual conflict of interest.]

Copyright 2000, Thomas E. Spahn