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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78-Communicating with an Employee of a Corporate Adversary

A lawyer may contact an adversary's employee even if the employee is in a managerial position, as long as the employee is without authority to act on behalf of the corporation in that matter; the lawyer must disclose the lawyer's adversarial role to the employee. The Bar indicated that the lawyer must also "ascertain whether that employee feels that his employment or his situation requires that he first communicate with counsel for the corporate entity."

Copyright 2000, Thomas E. Spahn