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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1448

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21-Reporting Another Lawyer's Unethical Conduct
27-Litigation Tactics (Including Misrepresentations, Tape Recordings)
Even if non-consensual tape recordings are not illegal, a lawyer may not participate in such tapings or advise a client to do so. "Advising one's client to initiate a conversation under possibly false pretenses and to secretly record such conversation is improper deceptive conduct" that must be reported to the Bar. [Overruled in Virginia LEO 1802]

Copyright 2000, Thomas E. Spahn