Virginia State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Virginia State Bar, with full citations and source links on every page.
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Can a criminal defense lawyer agree with the prosecutor not to give discovery copies to the client during the case and to return sensitive materials before it ends?
Yes, as to withholding copies during the case, because Rule 1.4 lets the lawyer satisfy the duty to inform by showing and discussing the materials. But returning 'sensitive' materials before terminati…
Can a Virginia lawyer keep a client's file in electronic-only form, destroy the paper originals with the client's consent, and require electronic-only files as a condition of representation?
Generally yes. The opinion concludes the Rules do not dictate the form of a client file, so a lawyer may keep electronic-only files, destroy paper with the client's consent, and even condition represe…
Can a Virginia lawyer disclose a former client's file to a third party because a private agreement seems to require it?
No. The opinion concludes a contract is not 'law' under Rule 1.6(b)(1)'s disclosure exception, so a lawyer holding a former client's confidential file may not turn it over based on a private agreement…
Must a lawyer give a client a medical report from the file when the doctor or an insurer who controls the report tells the lawyer not to release it?
The opinion concludes that a medical report obtained for the representation is part of the client's file under Rule 1.16(e), so on termination the lawyer must provide it; a non-client carrier or docto…
Must a criminal-defense lawyer give a former client a copy of the pre-sentence report from the file when the client asks for it to pursue habeas relief?
The opinion concludes that a pre-sentence report is part of the client's file under Rule 1.16(e), not an internal document the lawyer may withhold, so the lawyer must provide it on request, subject on…
Can a lawyer place closed client files in a university archive and let researchers have limited access to them?
Only with client consent or after confirming the files hold no confidences or secrets. The opinion concluded that the duty of confidentiality survives the matter and even the client's death, so a lawy…
When a client dies before signing the will the lawyer drafted, must the lawyer turn the unexecuted will over to the estate, or can he withhold it as a confidence?
The committee concluded that, with no fees owed, the client owns the complete contents of the file, so the unexecuted will is estate property that must be returned to the deceased client's personal re…
Can a lawyer refuse to hand over a client's file until the client signs a receipt, and mail it instead?
The committee concluded that a lawyer may not condition release of the file on a signed receipt; the rule contains no such requirement, and where the client appeared in person and a limitations deadli…
Must court-appointed counsel turn over the entire file, including personal notes and diaries, at no cost when the client later claims ineffective assistance?
The committee concluded that materials dictated or prepared for the client's specific case must be given to the client, while a diary kept as a general log across all the lawyer's clients need not be …
When no fees are owed, is a former client entitled to the entire file, including the lawyer's notes, internal memoranda, and multiple drafts?
The committee concluded that, where no fees are outstanding, the client is entitled to the entire contents of the file (including attorney's notes, internal memoranda, and multiple drafts), the lawyer…
Can a lawyer refuse to let a former client find out what is in the client's file?
The committee concluded that refusing to let a former client ascertain the contents of his file is presumptively prejudicial and violates DR 2-108(D); the lawyer must explain and furnish a list of the…
When a partner leaves a firm, what may the remaining partners do about that partner's clients, files, and a liability release?
The committee concluded that the remaining firm may not solicit a departing partner's clients in person to keep them, may not extract an assignment of settlement proceeds or require a release of liabi…
What does 'applicable law' mean for an attorney's retaining lien on a client's file, and which file materials must be returned to the client?
The committee concluded 'applicable law' under DR 2-108(D) is the law of an attorney's lien for fees owed: a lawyer may assert a retaining lien on the file for unpaid undisputed fees unless withholdin…
When a client owes undisputed fees, can the lawyer condition giving the client a copy of the entire file on payment of those fees?
The committee concluded that where the fee is undisputed and the client can pay, a lawyer may assert a retaining lien on the file as security, but not where withholding would prejudice the client; eve…
Can a lawyer who is joining the bench sell a collection practice, including its forms and systems, to another lawyer?
The committee concluded that selling a law practice as a going business or selling work in progress is improper, but selling the physical assets (forms, manuals, automated systems) is permissible only…
Can a lawyer require the client to pay copying costs for the file's work product before releasing the file?
Where no fees are owed and no lien arises, the committee concluded the client owns the entire file, including work product purchased by paying fees, so the lawyer must surrender it and may not conditi…
Can a lawyer hold a client's file or work product until the legal fee is paid?
The committee concluded that whether 'applicable law' lets an attorney retain a client's papers or work product is a legal question outside its purview, but that even where the law permits retention, …
When a lawyer withdraws from representing both an employer and its employees over a conflict, who is entitled to the file the lawyer created?
The committee concluded that which documents belong to the employer versus the employees is a legal question outside its province; the ethics rules only require the lawyer to return property to the pe…
When a lawyer is winding down a practice, what can and cannot be sold, and how must clients be handled when files move to another lawyer?
The committee concluded that a lawyer could sell a firm's physical assets or leasehold but not its name or good will, and that clients had to be notified and allowed to direct the disposition of their…
Can a lawyer hold a former client's file, including original documents and work product, until the client secures payment of unpaid fees?
The committee concluded that it is not improper to retain a former client's file, made up in equal parts of original documents and work product, until the client arranges security for unpaid legal fee…
Can a lawyer withdraw from a personal injury client's case after taking a job with the defendant corporation, and what notice is required?
The committee concluded a lawyer who accepts employment with the defendant corporation may withdraw from a personal injury client before suit is filed, provided the lawyer gives written registered-mai…
Can a lawyer hold on to a client's documents as security for unpaid fees?
The committee concluded that an attorney may retain a client's warrants pending payment of fees for past services, but only if the retention does not prejudice the client and the client is not otherwi…
When an associate leaves a law firm, may the associate keep representing the firm's clients, and who is entitled to the client files?
The committee concluded it is not improper for a former associate to represent clients of the former firm if they agree, and both the associate and the firm may access the relevant files. Who keeps th…
Must a court-appointed attorney who has been discharged return the client's file to the client on request?
The committee concluded a court-appointed attorney has an ethical duty to return the client's file on request, even after the attorney has been discharged. Decided under Virginia's former Code.
When a firm's associate leaves to start a practice and keeps a former firm client, may the firm withhold that client's files to collect an unpaid fee?
The committee concluded it is improper for the firm to withhold the client's files in an attempt to collect a past fee. Decided under Virginia's former Code.
When one attorney buys another's law practice, may the buyer purchase the client files and pending cases as accounts receivable and keep the seller's name on the letterhead?
The committee concluded the selling attorney should notify all current clients of the practice's termination and let them choose new counsel, and that it is improper for the buyer to purchase client f…
May a patent attorney who has withdrawn or been discharged keep the client's file until fees are paid, where releasing it would force an out-of-state collection suit?
The committee concluded it is not improper to retain the client's case file pending payment if the retention does not prejudice the client and releasing the file would require the attorney to pursue a…
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Legal ethics opinions from the Virginia State Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.