LEO Num | Topics | Summary | Date |
1718
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| "[I]t is not ethically permissible for a law firm to represent a client in a matter before a governing body when one of the law firm's lawyers is a member of the governing body even if he/she discloses the conflict and abstains from participation and voting in the matter." [This rule was expanded in LEO 1763 to include any "public body" and to include any communication with the public body, not just a personal appearance before it.] | 12/2/1998 |
ABA-509
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| (ABA Model Rule 1.11(c) “protects against the misuse of ‘confidential government information’” acquired by a full-time or part-time government lawyer, by disqualifying the lawyer from representing private clients on whose behalf the lawyer could use such information to an adversary’s material disadvantage. Such “confidential government information” consists of information the government is “prohibited by law from disclosing,” “has a legal privilege not to disclose,” and which is “not otherwise available to the public.” This disqualification standard differs from the other information-based conflicts standards in several ways. First, the disqualification applies if the government lawyer acquired information from someone other than the private client’s adversary. Second, the disqualification standard applies however the lawyer acquired such disqualifying information as “a public officer or employee” (such as a police officer), even if the lawyer was not representing the government (so it applies to lawyers “serving as legislators, public executives, and other public officers who are not representing the government as legal counsel).” Third, the disqualifying information need not be protected by the normal Rule 1.6 confidentiality standard – for instance it includes information the lawyer heard from another public officer or employee. Fourth, the disqualification standard applies if the former government lawyer “could” use the information to the adversary’s “material disadvantage” (not just if the lawyer does so). Whether such information could be used in that way is “a question of fact” (as is whether such information is “publicly available” through routine discovery). The disqualification standard “applies equally to a full or part time lawyer who currently serves or formerly served as a government officer or employee,” and is “not consentable.” It also applies to lawyers currently working in the government as a lawyer or otherwise, while maintaining a private practice. The disqualification standard applies to any full-time or part-time current or former government lawyer representing a “private client” – which can “include[] public entities and officials whom the lawyer represents in private practice.” But the disqualification standard does not apply to a current government lawyer working in that role who represents “a government employee in the employee’s personal capacity.”) | 2/28/2024 |
0713
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| A city attorney may serve as a hearing officer in other jurisdictions as long as the lawyer complies with the ethics rules. | 8/20/1985 |
1439
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| A Commissioner in Chancery involved in a divorce proceeding left a firm to become a judge. The client may hire another lawyer in the firm to represent the client in a child custody dispute. | 10/21/1991 |
1538
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| A Commonwealth's Attorney may not act in a quasi-judicial capacity involving a grievance when ten years earlier the lawyer (while in private practice) worked with the grievant in a related matter. | 6/22/1993 |
0205
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| A Commonwealth's Attorney who advised a Board of Supervisors about a permit may participate as a member of a Commission deciding whether to revoke the permit. | 5/18/1970 |
0893
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| A law firm may give Christmas cookies valued at less than $10 to Circuit Court Clerk employees. | 4/1/1987 |
0343
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| A law firm may not represent a water and sanitation authority when one of its partners is the authority's chairman. | 10/1/1979 |
0206
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| A law firm's name may not include the name of a lawyer/legislator who is not actively practicing in the firm. | 5/28/1970 |
1824
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| A lawyer acting as a Commissioner in Chancery in a lawsuit brought by a homeowners' association to enforce its lien for unpaid assessments may not be involved in the lawsuit if he participated "personally and substantially" in the assessment matter while in private practice. Work performed by the lawyer's partner in private practice is not imputed to the lawyer for this analysis -- the "conflict is personal to him." | 1/10/2006 |
1763
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| A lawyer cannot "appear" (either in person, by submission, letter, etc.) before any public board, or "other public body," upon which another lawyer in the firm sits. The disqualification cannot be cured by the lawyer's recusal from pertinent decisions on the board or other public body (expanding the reach of earlier LEO 1718 beyond "governing bodies" and beyond in-person "appearance" before public bodies). | 1/6/2002 |
0683
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| A lawyer holding public office may represent clients on charges of violating laws or ordinances as long as the lawyer complies with all of the ethics rules (modifying LEO 564). | 6/17/1985 |
1291
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| A lawyer may appear before a Board of Zoning Appeals of which the lawyer's spouse/partner is a member, as long as the spouse abstains from participation in the matter. [This LEO was presumably overruled by LEO 1718.] | 10/19/1989 |
1360
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| A lawyer may appear before an elected official or a governing body of which an elected official is a member after making legal contributions to the official's election campaign (although the lawyer may not violate contribution laws nor imply that the lawyer has influence with the official as a result of the contribution). | 6/13/1990 |
1502
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| A lawyer may continue to appear before the Virginia General Assembly (not on behalf of any particular client, but rather on behalf of certain positions) even though one of the lawyer's employees now serves in the Virginia General Assembly. The Bar apparently made this approval contingent on the lawyer not acting as a "lobbyist" as that term is statutorily defined. The lawyer may also serve as a part-time litigation assistant to an employee who is serving in the Virginia General Assembly, because the lawyer will not receive any fee or cost reimbursement from the state. | 12/14/1992 |
1054
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| A lawyer may continue to represent criminal clients (but must act cautiously) if the lawyer's secretary was a part-time magistrate in the same jurisdiction. | 3/29/1988 |
0279
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| A lawyer may not give a gift to a public official for the official's performance of a public duty. | 2/10/1976 |
0537
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| A lawyer may not lobby before any state legislative body when a partner is a member of that body. | 1/18/1984 |
0419
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| A lawyer may not lobby the legislature if the lawyer's partner is a member of the legislature, even if there is disclosure by the lobbyist and disclosure and abstention by the legislator. | 7/21/1981 |
0826
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| A lawyer may not represent a client before a local health department if it is merely an extension of a state health department or health regulatory board for which the lawyer sits as a part-time hearing officer. | 10/15/1986 |
0617
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| A lawyer may not represent a party in a special education due process hearing when the lawyer's partner is the presiding hearing officer, although the lawyer may do so if the partner was a presiding hearing officer on other cases. | 10/24/1984 |
0737
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| A lawyer may not serve as a Commissioner in Chancery in a divorce action in which the defendant is a sitting judge in that circuit. | 11/1/1985 |
0981
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| A lawyer may not serve as a hearing officer for special education cases when 60% of the lawyer's practice involves representation in special education hearings against local school divisions. | 10/12/1987 |
0653
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| A lawyer may participate in litigation in which the lawyer might move before the Department of Social Services to conduct investigation, even though the lawyer's wife is an employee of the Department (but who does not perform such investigations). | 12/29/1984 |
0592
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| A lawyer may represent a lawyer's spouse in a partition suit or serve as a special commissioner even though the spouse may purchase the property. | 7/5/1984 |
0830
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| A lawyer may represent a school board on which the lawyer's partner sits as long as there is full disclosure and consent. | 9/23/1986 |
0520
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| A lawyer may represent a wife in a personal injury case against her husband even though the lawyer's partner (sitting as a substitute judge) found the husband guilty of a traffic violation. | 5/16/1983 |
0500
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| A lawyer may serve on the Board of Zoning Appeals while acting as a General District Court substitute judge, because the court has no jurisdiction over Board of Zoning Appeals matters. | 11/8/1982 |
0193
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| A lawyer may use firm letterhead in soliciting support for a public office that must be held by a lawyer. | 9/28/1965 |
0632
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| A lawyer occasionally serving as a hearing officer may not represent a client before a state agency in a proceeding involving the same subject matter on which the lawyer serves as a hearing officer for the agency. | 12/3/1984 |
0216
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| A lawyer representing a client in a zoning appeal must make disclosure and withdraw from representing the client upon receiving notice of appointment as town attorney. | 7/28/1972 |
0476
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| A lawyer serving on a county's Board of Supervisors may not sit as a substitute judge. | 10/4/1982 |
0269
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| A lawyer who acted as Commissioner in Chancery in overseeing an estate may not then file an action on behalf of the beneficiaries of the estate. | 9/15/1975 |
0319
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| A lawyer who acts as a magistrate may not practice criminal law in the same jurisdiction. | 3/27/1979 |
1698
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| A lawyer who formerly served on a county's Planning Commission may represent clients before the Planning Commission as long as the lawyer does not use the former membership to state or imply that the lawyer may improperly influence the Commission. The lawyer may also represent clients before the Planning Commission or the Board of Supervisors although the lawyer served as a campaign treasurer for one of the supervisors and the lawyer's spouse volunteered as a campaign worker, as long as the lawyer does not use these facts to state or imply that the lawyer can improperly influence the officials. The Bar warns that "the potential for the appearance of impropriety is significant and should be scrupulously guarded against." | 6/24/1997 |
0564
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| A lawyer who is a City Council member may not represent a defendant on a charge of violating a city ordinance. [This Opinion was later modified to permit the lawyer to represent clients on charges of violating ordinances as long as the lawyer complies with all ethical duties; LEO 683.] | 4/10/1984 |
0461
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| A lawyer who is a member of a Board of Equalization may not represent the City Assessor in a private action, even when the matter occurs in another locality. | 7/21/1982 |
0245
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| A lawyer who is a member of a Board of Supervisors may not represent applicants for loans from an authority appointed by the Board (an Industrial Development Authority) (unlike the lawyer in LEO 243, the lawyer-Board member had appointive power over the Authority). | 6/17/1974 |
0259
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| A lawyer who is a member of a city civil service commission may represent the union over which the commission has no jurisdiction even if the representation might include a lawsuit against the city. | 4/28/1975 |
0208
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| A lawyer who is a member of a City Council may not preside over a hearing into a zoning matter in which the lawyer had earlier (before being elected) represented a party in front of the Council. | 11/5/1970 |
0761
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| A lawyer who is a member of a local governing body may disclose clients' identity if required by law. | 1/19/1986 |
0670
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| A lawyer who serves as a Commissioner in Chancery or a U.S. Bankruptcy Court trustee may represent clients before the court. | 3/15/1985 |
0583
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| A lawyer who serves as a hearing officer in special education due process proceedings may not appear as an advocate in such hearings. [This LEO was superseded by LEO 847.] | 5/31/1984 |
0883
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| A lawyer who serves as a Virginia special education hearing officer may also serve as a consultant to a private association in Maryland as long as there is no overlap between their jurisdictions. | 4/1/1987 |
0740
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| A lawyer who serves as Commissioner in Chancery may represent clients before the Circuit Court that appointed the lawyer to that post, as long as the lawyer does not attempt to utilize the status to advance the clients' interests. | 11/18/1985 |
1841
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| A lawyer who voted as a member of a town's governing body in favor of adopting a statute must consider various factors if asked to challenge the statute's constitutionality. The lawyer may not forgo a constitutional challenge if doing so would fall short of diligent representation of the new client challenging the law. Because the lawyer participated "personally and substantially" in adopting the statute, the lawyer may not challenge its constitutionality unless the new client and the government consent after full disclosure. The lawyer must also consider his own personal interest, and determine whether he will be able to provide a diligent representation of the new client (if that representation will be "materially limited" by the lawyer's public service and role on the town's governing body, he may proceed only with the new client's consent after full disclosure). For instance, any public statements the lawyer might have made supporting the statute "could undermine the lawyer's credibility and weaken his effectiveness as an advocate" in challenging its constitutionality. | 6/27/2008 |
0243
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| A lawyer whose partner acts as counsel to a County Board of Supervisors may represent clients before an authority appointed by the Board (an Industrial Development Authority) because it is a statutory entity independent of the Board. | 4/16/1974 |
0375
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| A lawyer whose partner is on the City Council may not seek a franchise for a corporation in which both the lawyer and the partner are shareholders. | 7/15/1980 |
0759
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| A lawyer whose spouse is employed by the local Department of Social Services may appear in matters before the Department as long as the spouse has no involvement in the case. | 1/13/1986 |
1253
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| A lawyer working for a state agency involved in providing legal services to parents and children in special education matters may not represent a parent or child in a matter on which the lawyer formerly acted as a part-time administrative hearing officer while in private practice. | 6/5/1989 |
0324
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| A lawyer's father is a commissioner in a state regulatory agency. As long as the father-commissioner does not participate, one of the lawyer's partners may represent a client before the agency. | 6/6/1979 |
0247
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| A lawyer/legislator may employ a law firm assistant as a part-time legislative assistant to be paid with state funds. | 8/19/1974 |
1195
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| A legal services lawyer was appointed to the local Redevelopment and Housing Authority. Given the appearance of impropriety, the lawyer must not participate in cases on which anyone in the legal services office is involved. The Bar recommends that the lawyer decline the appointment. | 2/13/1989 |
0643
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| A part-time Commonwealth's Attorney may represent a Board of Zoning Appeals on which the lawyer's wife sits. | 4/5/1985 |
0633
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| A part-time Commonwealth's Attorney may represent parents or the school board in the lawyer's private practice as long as the lawyer has no involvement with the matter in the public role. A lawyer who is also a legislator may also represent parents or school boards with consent. | 6/19/1985 |
0847
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| A part-time hearing officer may represent parties before the board on which the lawyer serves, as long as the lawyer has had no involvement in the matter. The lawyer may not represent the party against the board or agency on which the lawyer currently serves as a part-time hearing officer, but may do so once the lawyer leaves the board or agency (provided the lawyer has no material confidential information). If the part-time hearing officer is disqualified from any matter, everyone in the lawyer's firm is disqualified. The hearing officer may not hear a case presented by the Attorney General's office when the lawyer is currently adverse to the Attorney General's office in another matter. [Rule 1.11 governs former government lawyers and judges, and recognizes the efficacy of "ethics screens" in some situations.] | 4/1/1987 |
1773
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| A partner of a lawyer serving in the General Assembly may appear before local governing bodies, despite the prohibition in LEO 1763 on such activities by partners of a lawyer serving on the local governing body itself. | 2/10/2003 |
1123
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| A wife who practices law with her husband is a member of the County Board of Zoning Appeals. The relationship should be disclosed to the husband's clients and the wife should disqualify herself if her husband's clients are before the Board. [This LEO was overruled by LEO 1718.] | 11/16/1988 |
1611
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| Although a member of a law firm may not lobby the General Assembly if one of the firm's associates serves in the General Assembly, lawyers in the firm may draft proposed legislation and the associate who serves in the General Assembly may vote on the legislation -- "unless some special benefit would accrue to the firm's client which would be beyond whatever benefit (or detriment) would accrue to the public at large." The Bar did not address statutory or General Assembly restrictions. | 11/29/1994 |
0237
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| Commissioners of Accounts may not use their government office as a private law office. | 1/3/1974 |
0549
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| Given the appearance of impropriety, a part-time Virginia Employment Commission appeals examiner may not represent private parties in cases involving the Virginia Employment Commission, even in a different geographical location. [This Opinion was superseded by LEO 847.] | 3/1/1984 |
1682
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| It is not per se impermissible for a Commonwealth's Attorney or criminal defense lawyer to participate on a Community Criminal Justice Board, which develops and evaluates community corrections programs (but does not make any findings or recommendations in individual cases), as long as the lawyers do not reveal client confidences, do not seek any special advantages for themselves or their clients, and do not advise their clients that they can improperly influence any Board members. | 5/16/1996 |
1421
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| It is not per se unethical for a lawyer or a firm to contribute to the re-election campaign of an official with whom the lawyer deals. However, it would be unethical for a lawyer to make a gift to a public official for the "past or future performance of any public act or duty." | 10/3/1991 |
1884
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| Lawyers in a law firm or in a consulting firm that the law firm owns "may not represent clients or otherwise lobby before the General Assembly" or any other public body on which lawyer's colleague sits – even if that colleague recuses herself. This prohibition applies to all lawyers in the law firm and the consulting firm, and also extends to non-lawyers in the consulting firm, "regardless of whether the lawyers have any managerial or supervisory authority over the non-lawyer employees." | 9/30/2016 |
1268
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| Neither a prosecutor nor a practicing criminal defense lawyer may serve on an adjudicatory board that may pass on the matter on which the lawyers had been involved, but may sit on policy-making bodies. | 10/3/1989 |
1278
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| No lawyer in a firm (even those who are "of counsel" to the firm) may lobby before the General Assembly or other legislative body when another lawyer in the firm is an elected member of that body. | 9/21/1989 |
1034
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| The Canons of Judicial Conduct govern the permissibility of a lawyer appearing before a judge who was formerly a partner in the law firm (reaffirming LEO 552). It is improper to list a Congressman (who is precluded from the practice of law) as "of counsel" to a law firm. | 2/9/1988 |
0409
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| Unless all parties consent, a lawyer who serves on an education committee (established to advise a school board) and who will review material that could be used against the school board in litigation may not represent a plaintiff in an action against the school board involving the same issues. | 4/6/1981 |