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

17-Fraud on the Tribunal

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

31-Protecting and Disclosing Confidences and Secrets

A plaintiff's lawyer learning that a witness on whose testimony the lawyer's client's case depends has lied during a deposition may not "negotiate a settlement on behalf of [the] client using, by implication or otherwise" the false deposition statement. As long as the lawyer asserts only facts known to be true, the lawyer "need not disclose to counsel for defendant the witness's admission of fabrication unless subsequent discovery makes further denial impossible." [The Bar did not discuss the lawyer's possible duty to reveal the perjured testimony to the tribunal.]

Copyright 2000, Thomas E. Spahn