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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1741

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24-Representation of or Adversity to Witnesses

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

77-Communicating with an Individual Adversary

Prosecutors may inform witnesses that they may be contacted by private investigators hired by the defense and explain "that they have the right to speak or not to speak with an investigator working for the defense" (although the prosecutor should not make any additional comments or criticize the investigators' tactics).

Copyright 2000, Thomas E. Spahn