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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27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

Lawyers may secretly record telephone conversations in which they are participants, as long as the recordings are legal and are made in connection with criminal or housing discrimination investigations, or involve "threatened or actual criminal activity when the lawyer is a victim of such threat." The Bar "recognizes that there may be other factual situations where such recordings would be ethical," but will address those in response to specific questions. [Effectively expanded in Virginia LEO 1802] [Virginia LEO 1814 erroneously referred to Virginia LEO 1438 rather than 1738].

Copyright 2000, Thomas E. Spahn