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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16-Lawyer's Personal Interests


43-Conflicts of Interest - Miscellaneous

ABA Model Rule 5.6(a) prohibits an offer or acceptance of an agreement "never to represent anyone against the corporation in the future" by: (1) an outside lawyer representing the corporation; or (2) an in-house lawyer employed by the corporation. Such agreements impermissibly "limit a lawyer's 'professional autonomy '" and "limit 'the freedom of clients to choose a lawyer.'"; "A lawyer may not ethically ask for nor may a lawyer agree to any further restriction [beyond that imposed by ABA Model Rule 1.9] unnecessarily compromising the strong policy in favor of providing the public with a free choice of counsel."

Copyright 2000, Thomas E. Spahn