Legal Ethics

Eric M. Page, Chair

In FY 2019, the Committee resolved one LEO request that had been carried over from FY 18, by informal letter to the requester. The Committee received three new LEO requests in FY 2019; all were resolved by informal letter to the requester.

The Committee submitted five proposed rule amendments for review and approval by Council and the Supreme Court of Virginia:

  • Rule 1.8(e)(1) – Conflict of Interest: Prohibited Transactions; approved by the SCV on December 12, 2018, effective February 15, 2019
  • Rule 1.10(a) – Imputed Disqualification: General Rule; approved by Council in October 2018, rejected by SCV on December 12, 2018
  • Rewrite of UPL Rules – Part 6, Section 1 of the Rules of the Supreme Court of Virginia; approved by SCV April 26, 2019, effective July 1, 2019
  • Rule 3.8(d) – Additional Responsibilities of a Prosecutor; Comment [5] approved as amended by Council in February 2019; pending approval by SCV
  • Rule 4.4(b) – Respect for Rights of Third Persons; approved by Council in June 2019; pending approval by SCV

The Committee issued two LEOs for review and approval by Council and the SCV:

  • Revisions to LEO 1750 – Advertising Compendium; approved by Council in June 2019; pending approval by SCV
  • Revisions to LEO 1872 – Virtual Law Office and Use of Executive Suites; approved by Council in June 2019; pending approval by SCV

The Committee also issued four rule changes and two LEOs for public comment:

  • Rule 5.5 – Unauthorized Practice of Law; Multijurisdictional Practice of Law
  • Rule 1.17 – Sale of Law Practice
  • Rule 1.18 – Duties to Prospective Client
  • Rule 1.15 – Safekeeping Property
  • LEO 1890 – Communications with Represented Persons
  • LEO 1891 – Communications with Represented Government Officials

The Committee also withdrew twelve Legal Advertising Opinions (LAOs): A-101, A-102, A-103, A-104, A-105, A-107, A-110, A-111, A-113, A-115, A-116, and A-117.

Ethics hotline calls through June 28, 2019, totaled 7,220, for an average of 602 calls per month.

Updated: Jul 02, 2019