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

26-Fruits and Instrumentalities of Crimes

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

80-Communicating with an Adversary's Expert

A lawyer may contact an adversary's expert witness, although "courtesy" would suggest that the lawyer advise the adversary's counsel. The Bar also indicated that a lawyer receiving "selected items" from an opponent's file from "some unknown third party" was not obligated to return the materials and could read and use them for the client's benefit (the Bar noted that "out of professional courtesy you should inform the opposing counsel that you have received these materials.") [LEO 1702 would require the lawyer to return the materials without reading them.]

Copyright 2000, Thomas E. Spahn