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)


A personal injury lawyer who signed an agreement under which a client gave a lien on any settlement proceeds to a treating doctor may not follow the client’s direction to ignore the provision and give the client all of the proceeds. The Virginia Supreme Court also recognizes that a client in this situation owes some duty to the third party with whom the client has contracted. The lawyer should segregate any disputed funds and interplead them into court if necessary. [This LEO overruled LEO 1413].

Copyright 2000, Thomas E. Spahn