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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18-Consent and Prospective Waivers

If the client consents after full disclosure, a lawyer may obtain a prospective waiver (such a waiver would be effective to cover the use of confidential information only if the consent explicitly covers such a possibility). [Withdrawn in ABA LEO 436 (5/11/05), which explains that recent changes to the ABA Model Rules allow prospective consent "to a wider range of future conflicts" than under the older version of the Model Rules discussed in ABA LEO 372]. (4/16/93) [Withdrawn in ABA LEO 436; also withdrawn in ABA LEO 437.]

Copyright 2000, Thomas E. Spahn