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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LEO NumTopicsSummary

26-Fruits and Instrumentalities of Crimes

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

Even if it is not illegal, a lawyer cannot tape record conversations without the other party's consent, or assist the client in doing so. A lawyer may use such a recording made by the client before the client retained the lawyer, and must keep the client's activity confidential [overruling LEO 1217.] [Effectively overruled in Virginia LEO 1802]

Copyright 2000, Thomas E. Spahn