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May Attorneys Ethically Seek Guidance from Online Forums? Yes, But…

An attorney belongs to a specialty bar organization in which members routinely post questions, comments and tips on an online forum or through an automated email management system. The attorney seeks to post a request for...more

Due Process and Attorney Discipline

Attorneys facing court sanctions or bar discipline often express surprise at what is perceived to be an absence of due process when it comes to the process, including complaints regarding lack of notice and the inability to...more

Dead Men Tell No Tales, But Can Their Lawyers? A Lawyer’s Duty to Disclose the Death of a Client

Consider the scenario in which opposing counsel provided a settlement offer that the client approved, but the lawyer has not communicated its acceptance to opposing counsel prior to the client’s death. A zealous advocate may...more

Legal Ethics Update: The Virginia Supreme Court Approves Acceptance of Cryptocurrency as an Advance Payment for Legal Services

The Virginia Supreme Court approved on September 19, 2022, Legal Ethics Opinion 1898, which permits a lawyer’s receipt of cryptocurrency as an advance payment for legal services. Notwithstanding the relative novelty of the...more

Statistics on Virginia’s Discipline of Lawyers: Fiscal Years 2020-2022

Reporting from the Virginia State Bar’s Office of Bar Counsel shows consistency yet again in the overall number of complaints made against lawyers and the corresponding levels of discipline....more

So Your Client Lost at Trial: What Are Your Ethical Obligations With Respect to a Civil Appeal?

Consider the following: After years of litigation, the jury has found against your client, entering a money judgment against her. Even before the jurors have left the courtroom, she turns to you and asks: “What are we going...more

Virginia Court of Appeals: From Inception to Expansion

In Article VI of the Constitution of Virginia, the judicial power of the Commonwealth is vested in the Virginia Supreme Court and in “other courts of original or appellate jurisdiction subordinate to the Supreme Court as the...more

Expanded Civil Jurisdiction of the Virginia Court of Appeals

Effective January 1, 2022, appellate options in Virginia’s state courts are increasing with an expansion of the jurisdiction of the Court of Appeals of Virginia. Generally, the Court of Appeals will hear all appeals involving...more

Legal Ethics: In-House Counsel and Sex with the Corporate “Client”

On July 21, 2021, the Supreme Court of Virginia rejected without comment a proposed amendment to Rule 1.8, which governs “prohibited transactions.” Specifically, Rule 1.8(k), as proposed, would have provided that: “A lawyer...more

Statistics on Virginia’s Discipline of Lawyers (Fiscal Year 2021)

Reporting from the Virginia State Bar’s Office of Bar Counsel indicates general consistency in the overall number of complaints made against lawyers and the corresponding levels of discipline....more

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