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)

73-Family Law Lawyers

A lawyer represented a wife interested in starting a divorce action against her husband. The wife advised the lawyer that she has called a new boyfriend from her home telephone. The lawyer advised the client to destroy the telephone bills and call the boyfriend from another telephone, since any proof of adultery would hurt the wife's position in the planned divorce action. The Bar indicated that the lawyer's advice did not amount to an ethical violation. [The lawyer almost surely could not advise the client to destroy the telephone bills if it is foreseeable that the bills would be relevant evidence in the planned divorce action.]

Copyright 2000, Thomas E. Spahn