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

1-Adversity to Current Clients

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

54-Insurance Defense Lawyers

56-Duty to Advise the Court

In an employment case, a lawyer may argue in the Circuit Court that the plaintiff's exclusive remedy was under the Worker's Compensation Act and at the same time argue to the Commission that the matter should be addressed by the Circuit Court. The lawyer's duty to diligently represent the client outweighed any "credibility problem" the lawyer's inconsistent positions might create, as long as "the validity of the rule [of law] is subject to legitimate dispute." The Bar analogized the inconsistent arguments to the filing of pleadings in the alternative. [This LEO was effectively overruled by Va. Code § 65.2-706.1 and Va. Code § 8.01-420.5.]

Copyright 2000, Thomas E. Spahn