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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A lawyer whose client asks for legal advice about a transfer of assets from a wife to a husband that would amount to both a void and a voidable fraudulent conveyance may not assist the client in the transaction or advise the client to undertake the transaction if the transaction would constitute fraud but the lawyer could explain the legal consequences of the transaction. The Bar notes that the Rules contain a "unique" definition of fraud: "conduct having a purpose to deceive and not merely negligent misrepresentation or failure to apprise another of relevant information."

Copyright 2000, Thomas E. Spahn