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Professional Responsibility and Disciplinary
Matters
The Virginia
Rules require a lawyer to maintain the confidences and secrets
of his clients but provide for certain exceptions in limited
and specific circumstances. The Virginia Rules require an attorney
to represent a client diligently but impose certain limitations
on a lawyer's duty to his clients by prohibiting the lawyer
from: taking positions solely designed to harass or injure another;
asserting claims or defenses that are not warranted in law;
concealing information required by law to be revealed; knowingly
using perjured testimony or knowingly making a false statement;
and threatening criminal prosecution.
As such, these rules create potential issues for an attorney:
- May an attorney settle a case where he knows
the opposition is relying on a false statement by his client
made in pre-trial discovery but not to the trial court?
- May an attorney settle a case on the basis of
a mistake he knows the other side has made?
- May an attorney settle a case with an insurance
adjuster without speaking to the insured's defense counsel?
- May an attorney present a settlement brochure
that purposely conceals information adverse to his client's
position?
- May an attorney threaten to present criminal
charges or threaten disciplinary action solely to obtain
an advantage in a civil matter?
- May an attorney (prior to filing a claim) request
the client's physician to modify/alter medical records?
- May an attorney settle a case by accepting the
last offer made where a material fact (such as the death
of his client) has changed since the offer was made?
- Must an attorney reveal an unsuccessful attempt
by his client to bribe a witness?
Our attorneys are experienced in counseling lawyers and law
firms on the specific rules for the Commonwealth of Virginia
regarding the issues surrounding professional responsibility
and discipline. In addition, we will represent lawyers and/or
their firms during investigations and disciplinary proceedings.
See Also:
Legal Malpractice Claims: Ten Ways
to Avoid the Disciplinary System
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