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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  Topic: 81 - Communicating with an Adversary's Health Provider
LEO NumTopicsSummaryDate
1235

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80-Communicating with an Adversary's Expert

81-Communicating with an Adversary's Health Provider

A defense lawyer may interview the plaintiff's expert even after losing a motion to allow deposition of the expert, and even if the expert is also the plaintiff's treating physician. The defense lawyer may also interview the plaintiff's treating physician who will not be an expert, but may not offer the physician any advice or tell the physician to disclose the information. The Committee did not offer an opinion on whether a defense lawyer may hire the plaintiff's treating physician as a defense expert, but implied that this could be permissible. [In LEO 1639, the Bar held that this Opinion was overruled by Va. Code § 8.01-399(D).] 5/30/1989
1042

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81-Communicating with an Adversary's Health Provider

A defense lawyer may meet with plaintiff's treating physician, although "common courtesy" suggests that the lawyer should have advised plaintiff's counsel. [In LEO 1639, the Bar held that this Opinion was overruled by Va. Code § 8.01-399(D).]2/25/1988
1639

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81-Communicating with an Adversary's Health Provider

A defense lawyer may not obtain information from plaintiff's treating physician (finding that Va. Code § 8.01-399(D) overrules LEOs 204, 1042, 1158 and 1235). 4/24/1995
1158

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81-Communicating with an Adversary's Health Provider

A lawyer may contact a plaintiff's treating physician ex parte. [In LEO 1639, the Bar held that this LEO was overruled by Va. Code § 8.01-399(D).]10/26/1988
1409

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73-Family Law Lawyers

81-Communicating with an Adversary's Health Provider

A lawyer may contact an adversary's treating physician, although courtesy would demand that the lawyer advise the adversary before doing so. Here, a defense lawyer was also permitted to initiate ex parte communications with the plaintiff's estranged wife. [Such contact would now be improper under Va. Code § 8.01-399(D).]3/12/1991
0204

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81-Communicating with an Adversary's Health Provider

A malpractice defense lawyer may interview other doctors who treated the plaintiff. [This was overruled by Va. Code §8.01-399(D) and LEO 1639.] 4/1/1970

Copyright 2000, Thomas E. Spahn