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

17-Fraud on the Tribunal

31-Protecting and Disclosing Confidences and Secrets

A lawyer convinced the adversary to vacate a judgment on the grounds of improper service. The lawyer now "suspects" that service was effective and is also "convinced" that the client has no substantial defense on the claim. The lawyer has unsuccessfully attempted to contact the client about these matters. If the lawyer made representations to adverse counsel, the lawyer "may" now disclose these suspicions to adverse counsel. If the lawyer made representations to the court, the lawyer must disclose the suspicions. [The Bar did not explain how the lawyer's "suspicions" satisfy the "clearly established" standard.]

Copyright 2000, Thomas E. Spahn