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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1736

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24-Representation of or Adversity to Witnesses

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

35-Threatening Criminal and Disciplinary Action

A lawyer may threaten to seek "appropriate legal action" against a nonparty witness for defamation of the lawyer's client if the lawyer has a "well-founded belief that the threatened legal action is warranted," but may not engage in such a tactic if the "threatened legal action is without legal basis in law or fact, and the threatened suit is made merely to harass and intimidate the witness, or influence the witness not to come forward with truthful and relevant information."

Copyright 2000, Thomas E. Spahn