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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77-Communicating with an Individual Adversary

78-Communicating with an Employee of a Corporate Adversary

Lawyers do not violate Virginia Rule 4.2 when responding with “Reply All” to an email from another lawyer who has copied his or her client on the email. The sending lawyer’s copying of her client amounts to an “implied consent to a reply-all response.” “[T]he onus should be on the sending lawyer to blind copy all recipients, or separately forward the email to the client, if they do not want a ‘reply-all’ conversation.” However, any “reply must not exceed the scope of the email to which the lawyer is responding.”

Copyright 2000, Thomas E. Spahn