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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21-Reporting Another Lawyer's Unethical Conduct

A lawyer learning that opposing counsel may have acted in an unethical fashion should immediately advise the client of the client's right to complain to the Bar, and must also immediately report the other lawyer's unethical conduct if it "is based upon a substantial degree of certainty," is "not construed to be a secret or confidence" whose disclosure would damage or prejudice the client's interests. [If information about the ethics violation is a client confidence, a lawyer may report the other lawyer's misconduct only if the client consents under Rule 1.6(c)(3); the lawyer considering whether to report must consult with the client under that Rule.]

Copyright 2000, Thomas E. Spahn