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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5-Lawyers Changing Jobs

45-Law Firms - Miscellaneous

Firm A is considering merging with Firm B, but discovers that it represents a major creditor of one of Firm B's clients. The lawyer in Firm B who represents the client-debtor practices in a satellite office and is the only lawyer at the firm who has ever represented the debtor. The lawyer has never shared any information about the debtor with any other lawyers in Firm B, and played no role in the merger negotiations. If this lawyer leaves Firm B, the remaining lawyers may merge with Firm A and continue to represent the creditor (without obtaining the debtor's consent). "Generally, lawyers associated in a firm with a lawyer who directly represents a client are presumed to have access to confidential information about that client . . . this presumption however is rebuttable."

Copyright 2000, Thomas E. Spahn