News and Information
September 19, 2022

Supreme Court of Virginia Approves LEOs 1897 and 1898, and amends Rule 1:5

On Monday, September 19, 2022, the Supreme Court of Virginia approved Legal Ethics Opinions 1897 and 1898, effective immediately.

LEO 1897 “…addresses whether a lawyer who receives an email from opposing counsel, with the opposing party copied in the “to” or “cc” field, violates Rule 4.2 when he replies all to the email.” Read the Court’s Order on LEO 1897 on its website.

LEO 1898 “…concludes that a lawyer may accept client property including cryptocurrency offered as an advance payment for the lawyer’s services, provided the lawyer’s fee is reasonable under Rule 1.5, and this business transaction with the client meets the requirements of Rule 1.8(a), namely, that the transaction is fair and reasonable to the client, the transaction and terms are fully disclosed in writing in a manner the client understands, the client is advised of the opportunity to consult with independent counsel, and the client’s consent is confirmed in writing.” Read the Court’s Order on LEO 1898 on its website.

The Court also approved amendments to the Rules of the Court, Part One, Rule 1:5 regarding Counsel and Parties Appearing Without Counsel, effective November 13, 2022. The full Rule change can be read on the Court’s website.

Updated: Sep 19, 2022