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)

Withdrawing ABA LEO 382, because it is inconsistent with Model Rule 4.4(b), which "requires only that a lawyer who receives a document relating to the representation of the lawyer's client and who knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender. The Rule does not require refraining from reviewing the materials or abiding by instructions of the sender." Moreover, if a lawyer receives the document through some intentional act of another rather than through inadvertence, the receiving lawyer "is not required to notify another party or that party's lawyer."

Copyright 2000, Thomas E. Spahn