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Vacated | LEO 1890 on communications with represented persons. Effective April 7, 2020.
On April 7, 2020, the Supreme Court of Virginia vacated and set aside Legal Ethics Opinion 1890, effectively immediately.
view the Court's order (PDF)
On January 9, 2020, the Supreme Court of Virginia approved Legal Ethics Opinion 1890, effectively immediately.
The proposed opinion was approved by Bar Council on October 25, 2019, and is pending consideration by the Supreme Court of Virginia.
View the petition to the Supreme Court of Virginia (pdf)
The Standing Committee on Legal Ethics agreed to submit the proposed opinion to Council for approval at its next meeting on October 25, 2019.
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 is seeking public comment on proposed Legal Ethics Opinion1890, 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.
View proposed LEO 1890 (pdf)
Inspection and Comment
The proposed opinion may be inspected via the pdf linked 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: April 7, 2020