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. 
 
 Back to main menu

  Print This Leo
LEO NumTopicsSummary
1852

print
59-Disbarred and Suspended Lawyers

Under Virginia Rule 5.5, a law firm may not employ "in any capacity" a lawyer whose license was revoked or suspended for any misconduct if the lawyer was associated with the law firm while the lawyer engaged in the alleged misconduct, regardless of when the lawyer was convicted of a crime or the date the bar revoked or suspended the lawyer's license. Another law firm may employ the disciplined lawyer, but if the disciplined lawyer serves at that law firm "as a consultant, law clerk, or legal assistant" that law firm may not represent: (1) any client previously represented by the disciplined lawyer; or (2) any client represented by the disciplined lawyer's law firm on or after the date of the disciplined lawyer's wrongdoing at the former firm. The disciplined lawyer's former firm could not retain an "adjusting firm" to provide services to the law firm -- if the disciplined lawyer was the adjusting firm's chief executive officer. However, other law firms or companies can retain a company to provide non-legal services, even if the disciplined lawyer owns or is employed by the company providing such non-legal services.

Copyright 2000, Thomas E. Spahn