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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LEO NumTopicsSummary

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

51-Government Attorneys

77-Communicating with an Individual Adversary

A Commonwealth's Attorney may not arrange for a criminal suspect to tape record telephone conversations with an uncharged suspect. A Commonwealth's Attorney may not communicate with an uncharged suspect through another suspect, without the uncharged suspect's lawyer's consent. [In LEO 1738, the Bar indicated that lawyers may secretly tape record telephone conversations in which they participate, but only in situations involving criminal or housing discrimination investigations or if the lawyers are protecting themselves from possible criminal action.]

Copyright 2000, Thomas E. Spahn