Is it ethical to run a program that refers less experienced lawyers to experienced lawyers for guidance on their clients' matters?
Apply this to your situation
This page answers the general question as of 1982. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.
Plain-English summary
The committee considered a lawyer-to-lawyer program under which less experienced attorneys are referred to attorneys experienced in particular areas, so as to assure adequate legal service to the less experienced lawyers' clients. The committee concluded that such a program is not only proper but also commendable.
Currency note
This opinion was issued in 1982, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 1.6 Comment [7a] governs such "mentor" conversations. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Is it ethical to refer a newer lawyer to a more experienced one for guidance?
A: Under this 1982 opinion, yes; the committee called a lawyer-to-lawyer program assuring adequate client service not only proper but commendable.
Q: What current rule governs the mentoring conversation?
A: The committee note states that current Rule 1.6 Comment [7a] governs such "mentor" conversations, which bear on protecting client confidentiality during a consultation.
Background and rules framework
The opinion treats a mentoring program as supporting competent representation for the clients of less experienced lawyers. The committee note maps the confidentiality side of such mentor consultations onto current Virginia Rule 1.6 Comment [7a], corresponding to ABA Model Rule 1.6, with the underlying competence concern reflected in Model Rule 1.1.
Citations and references
Rules of Professional Conduct:
- Virginia Rule 1.6 Comment [7a] (mentor conversations; confidentiality) (cited in the committee note)
- ABA Model Rule 1.1 (competence)
- ABA Model Rule 1.6 (confidentiality of information)
See also
- VA LEO 1798: A Prosecutor's Excessive Caseload and Competence
- VA LEO 1791: Representing a Client With No Face-to-Face Meeting
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0474.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LEGAL ETHICS OPINION 474
LAWYER-TO-LAWYER PROGRAM.
A lawyer-to-lawyer program, in which less experienced attorneys are referred to attorneys with experience in particular areas to assure adequate legal service to the formers' clients, is not only proper but also commendable.
Committee Opinion
September 20, 1982
Legal Ethics Committee Notes. – Rule 1.6 Comment [7a] governs such “mentor” conversations.
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