March 16, 2009
The High Road
A Virginia lawyer was reprimanded with terms in a case where he represented a divorcing wife. The husband's attorney filed a counterclaim alleging that the wife had "romantic encounters...with a person known to both parties. That person was the Respondent." He had non-suited the case "because he realized he likely could be a necessary witness in the pending litigation. " She then hired new counsel.
The Virginia Subcommittee found that the lawyer had violated Rule 3.7 (lawyer as witness). The terms imposed include a requirement to attend two CLE courses, one of which is Taking the High Road-- Ethics and Professionalism in Family Law Cases. (Mike Frisch)
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