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. 
 Back to main menu

  Print This Leo
LEO NumTopicsSummary

4-Witness-Advocate Rule

7-Family Conflicts

73-Family Law Lawyers

A lawyer wants to represent his wife in a child custody matter involving her former husband. Opposing counsel has moved to disqualify the lawyer because he must be a witness. Because the wife does not intend to call her lawyer-husband as a witness and it is not obvious that the lawyer "ought" to be called as a witness "simply by virtue of his status as husband of Client and stepfather of the child," the lawyer may continue to represent his wife -- even if opposing party calls him as a witness -- unless his testimony prejudices his wife.

Copyright 2000, Thomas E. Spahn