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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4-Witness-Advocate Rule

16-Lawyer's Personal Interests

A lawyer represents a client in arbitrated claims against three other parties. One of the parties later sues the client and the lawyer in state court on grounds involving the arbitration. As long as the client consents, the lawyer may continue to represent the client in the arbitration despite the lawyer's role as defendant in the state court action. Because the lawyer's testimony "may be critical" to the client's defense in the action, the lawyer must withdraw as counsel in the state court proceeding.

Copyright 2000, Thomas E. Spahn