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

57-In-House Lawyers

An in-house lawyer may not act as an advocate and a witness at a hearing conducted by the Virginia Employment Commission, because the hearing would be "litigation" triggering the witness-advocate rule; all doubts about whether a lawyer should be a witness or an advocate should be resolved in favor of the former. ([Rule 3.7(a) uses the term "adversarial proceeding" rather than the old Code's "trial."]

Copyright 2000, Thomas E. Spahn