News and Information
February 13, 2019

Comments Sought on LEOs Pertaining to Lawyer Advertising, Virtual Law Offices, and Communication

The VSB Standing Committee on Legal Ethics is seeking public comment on four Legal Ethics Opinions, with comments due by April 1, 2019.

The proposed opinions pertain to lawyer advertising, virtual law offices, communication with represented individuals, and communication with represented government officials. 

The proposed opinions and revisions (click the link for full content) include:

Legal Ethics Opinion 1750, Lawyer Advertising and Solicitation.
The proposed revisions to this LEO remove citations to now-withdrawn Lawyer Advertising Opinions (LAOs) 0101, 0102, 0104, 0105, and 0113. 

Legal Ethics Opinion 1872, Virtual Law Office and Use of Executive Office Suites.
The proposed revisions to LEO 1872 update references to Rule 1.6(d), on a lawyer’s duty to protect confidential information, and Rule 7.1, on advertising; the revisions also remove references to former Regulation 7 Governing Applications for Admission to the Virginia Bar Pursuant to Rule 1A:1 of the Supreme Court of Virginia since that regulation has been modified and no longer requires that lawyers admitted to practice by motion maintain a physical office space.

Legal Ethics Opinion 1890, Communications with Represented Persons (Compendium Opinion).
This proposed opinion addresses 15 different scenarios arising under Rule of Professional Conduct Rule 4.2, and collects authorities including Rule 4.2 and its comments, other LEOs, case law, and other states’ ethics opinions to explain the purpose and application of Rule 4.2 to the most common issues raised by the rule. 

Legal Ethics Opinion 1891, Communication with Represented Government Officials.
This proposed opinion addresses whether there are instances where communication with represented government officials is “authorized by law” for purposes of Rule 4.2, considering the constitutional and statutory rights of citizens to access the government and to petition for the redress of grievances. 

The proposed opinions may be inspected at the links above or at the office of the Virginia State Bar, 1111 East Main Street, Suite 700, Richmond, Virginia 23219-0026, between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday.  Copies of the proposed opinion can be obtained from the offices of the Virginia State Bar by contacting the Office of Ethics Counsel at 804-775-0557.

Any individual, business, or other entity may file or submit written comments in support of or in opposition to the proposed opinion with Karen A. Gould, executive director of the Virginia State Bar, not later than April 1, 2019. Comments may be submitted via email to publiccomment@vsb.org.

 

Updated 3/8/19 to extend comment deadline from March 22 to April 1.

Updated: Mar 08, 2019