1700
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| Whether a lawyer may represent a wife in a child support reduction proceeding when one of the lawyer's former partners represented the husband in the original child support proceeding depends on whether the lawyer "participated in the representation of the husband while employed at the former firm or whether [the lawyer] acquired confidences and secrets relative to husband's case" (the Bar did not have enough facts to reach a conclusion).A lawyer's failure to notify an adversary of an action seeking to transfer venue and failure to check for available dates before filing a notice of hearing is conduct "governed by the applicable Rules of Court, local rules, custom and professional courtesy, but not the Code of Professional Responsibility," unless the lawyer is disregarding a standing rule or if the lawyer intentionally or is habitually violating an established rule.A lawyer's service of a subpoena duces tecum outside Virginia "may" violate the ethics code if the lawyer knows that the subpoena is not enforceable, if the documents served on the individual "threaten contempt for non-compliance" and if the subject of the subpoena has not accepted service. |