The VLW Blog

The Virginia State Bar Legal Ethics Committee has withdrawn two 1990 legal ethics opinions out of concern they might lead lawyers astray in matters involving powers of attorney. The two opinions – LEO 1313 and 1339 – take the view that a law firm hired to prepare a power of attorney is representing the attorney [...]

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A Hampton Roads law firm violated ethics rules when it simultaneously represented two clients who were in adverse legal positions. A Norfolk U.S. District Court said it found no prejudice in the current case and would not disqualify the firm, but would refer the matter to the Virginia State Bar. Montagna Klein Camden LLP specializes [...]

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A lawyer did not violate an ethics rule when he wrote about his cases on the Internet without client consent, a three-judge panel said today. The panel overturned a district discipline committee’s finding of misconduct under Rule 1.6, which governs confidentiality of information. In a decision announced by Portsmouth Circuit Court Judge Kenneth R. Melvin, [...]

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A prosecutor may have to make an earlier disclosure of exculpatory evidence under Virginia ethics rules than is required under the Brady standard, under a new draft legal ethics opinion. The Virginia State Bar is seeking comment on draft LEO 1862, which covers a controversial topic for criminal defense lawyers: What is a “timely disclosure” [...]

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A police officer is talking to a criminal defendant when the defendant offers some information and asks about a plea deal. The officer calls the commonwealth’s attorney’s office and asks if he can talk to the defendant about some horse trading. The request should set off ethical alarm bells for the prosecutor who takes that [...]

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David P. Baugh, the capital defender for the central region of the state, has filed a formal complaint with the Virginia State Bar against Prince William County Commonwealth’s Attorney Paul Ebert and Richard Conway, one of Ebert’s deputies. The complaint is based on an opinion earlier this month by U.S. District Judge Raymond Jackson, who [...]

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The skirmishing between Richmond lawyer Horace F. Hunter and the Virginia State Bar over Hunter’s blog on his website continues, with a hearing now set for Oct. 18 before the Third District Disciplinary Committee. The case had been set for Friday. The VSB contends that the blog, “This Week in Richmond Criminal Defense” is advertising [...]

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The Supreme Court of Virginia has provided a safe harbor for prosecutors to advise police about questioning a willing defendant even after a defense lawyer has been appointed. It was a hot topic for Virginia prosecutors. A 2009 U.S. Supreme Court decision allowed police interrogation even after a right to counsel attached in some cases [...]

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Legal and ethical questions have been raised by the apparent decision by an accused killer to seek his own execution. Waverly Whitlock, who was charged with capital murder in the fatal shooting of an 11-year-old boy, has volunteered for the death penalty, according to the Daily Progress. His motives for the decision have not been [...]

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A lawyer might understand a distinction between “illegal conduct” by a judge and a lack of statutory authority for judicial action, but everybody at a Republican breakfast in Virginia Beach on Feb. 3 probably wasn’t a lawyer. Or maybe it’s a distinction without a difference to Virginia Beach’s nine circuit judges. The Virginian-Pilot reports that [...]

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