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)

31-Protecting and Disclosing Confidences and Secrets

A lawyer's duty to protect a client's confidences (which includes both information protected by the attorney-client privilege and by the work product doctrine) justifies an arrangement under which an unrepresented expert witness retained by the lawyer agrees to: (1) advise the lawyer if the expert receives a document request or subpoena seeking the production of protected information that the lawyer has given the expert witness; and (2) delay responding to such discovery until the court can rule on a motion to quash or a motion for a protective order.

Copyright 2000, Thomas E. Spahn