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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28-Law Firm Staff

51-Government Attorneys

LEO 1046 determines whether a full-time Commonwealth's Attorney may prosecute an embezzlement that involves a store owned by an employee of the law firm where the Commonwealth's Attorney formerly practiced. [Under LEO 1046, the prosecution would be proper if the lawyer could rebut the presumption that the lawyer had acquired confidential information from the law firm employee.] [Rule 1.11(d) would allow this representation if the lawyer were never "personally and substantially" involved in the matter while in private practice.]

Copyright 2000, Thomas E. Spahn