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VSB seeking public comment on proposed legal ethics opinion

The Virginia State Bar’s Standing Committee on Legal Ethics is seeking public comment on a proposed legal ethics opinion addressing communication between a prosecutor and an alleged victim.

The opinion, proposed advisory Legal Ethics Opinion 1895, 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 opinion finds that some communications are “authorized by law,” therefore allowing some direct communication between the prosecutor and the victim. Communication not authorized or required by law must be made through the victim’s counsel, according to the proposed LEO.

The full proposed LEO is available on the VSB’s website. Those wanting to submit comment for or against the proposed LEO can do so by sending an email to [email protected] before Nov. 1.