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

71-Representing Corporations

A lawyer who represented corporations equally owned by two shareholders may represent one of the shareholders in alleging that the other shareholder breached fiduciary duties, because the lawyer never represented the defendant shareholder individually (as long as the lawyer had not obtained any confidences from the defendant shareholder while the lawyer represented the corporations). The lawyer need not withdraw because opposing counsel threatens to call the lawyer as a witness unless it becomes apparent that the lawyer's testimony is or may be prejudicial to the client.

Copyright 2000, Thomas E. Spahn