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

28-Law Firm Staff

76-Trust and Estate Lawyers

A law firm may represent the defendant beneficiaries in a will contest even though a lawyer at the firm prepared the will and non-lawyer employees witnessed the will, because: (1) the lawyer preparing the will was no longer at the firm, and the witness-advocate rule only applies if the lawyer/witness still practices at the firm; and (2) the witness-advocate rule does not apply when non-lawyer employees are called as witnesses.

Copyright 2000, Thomas E. Spahn