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)
78-Communicating with an Employee of a Corporate Adversary
A lawyer may communicate ex parte with former employees of a corporate adversary, but may not inquire into matters known or "reasonably apprehended" to be confidential or privileged. Under Rule 3.4(f), the corporation’s lawyer "may request that the former employee not communicate with opposing counsel."

Copyright 2000, Thomas E. Spahn