Withdrawn | Legal Ethics Opinion 1895,
Prosecutor’s Communication with Represented Victim in Criminal Case.
November 22, 2021:
At its meeting on November 18, 2021, the Standing Committee
on Legal Ethics withdrew proposed Legal Ethics Opinion 1895.
September 20, 2021
Pursuant to Part 6, § IV, ¶ 10-2(C) of the Rules of the Supreme Court of
Virginia, the Virginia State Bar’s Standing Committee on Legal Ethics
(“Committee”) is seeking public comment on proposed advisory Legal Ethics
Opinion 1895, Prosecutor’s Communication with Represented Victim in Criminal
Case.
This proposed opinion addresses whether Rule of Professional Conduct 4.2
prohibits a prosecutor from communicating with a victim who is represented by
counsel in both the criminal case being handled by the prosecutor and in a
related civil case. The proposed opinion concludes that certain communications
are “authorized by law” pursuant to applicable law establishing crime victim’s
rights, and therefore the prosecutor may communicate directly with the victim
for those purposes. Any communication that is not authorized or required by
law must be made through the victim’s counsel as required by Rule 4.2.
Inspection and Comment
The proposed opinion may be inspected below, or 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
November 1, 2021. Comments may be submitted via email to
[email protected].
view proposed advisory Legal Ethics Opinion 1895
(PDF posted 9/20/21)