10.4 Legal Ethics Opinions and Unauthorized Practice of Law Opinions

• Library: A Guide to Legal Research in Virginia (Virginia CLE) (2017 Ed.)

10.4 LEGAL ETHICS OPINIONS AND UNAUTHORIZED PRACTICE OF LAW OPINIONS

The Standing Committee on Legal Ethics of the VSB meets regularly to consider attorneys' formal requests for advisory opinions seeking guidance on legal ethics and the unauthorized practice of law. Legal Ethics Opinions (LEOs) are issued by this group in conjunction with the office of the VSB Bar Counsel. These opinions, while they have no precedential value, do give guidance as to how a disciplinary committee might interpret a rule.

Members can request a LEO from the VSB. There is a link on both the "Professional Regulation" page and the "Members Resources" page that allows members to request a LEO via email. A researcher could also call the "Legal Ethics Hotline" maintained by the VSB. The caller will be prompted to leave a detailed message, and the call will be returned the same business day, if possible. Both the online and in-person service is confidential; ethics counsel for the VSB cannot disclose the contents of any discussion about the email or phone call without the express consent of the person posing the question.

The VSB disbanded the Unauthorized Practice of Law (UPL) Committee after the United States Supreme Court decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission. ² The Federal Trade Commission claimed the North Carolina Board of Dental Examiners was engaged in unreasonably restraining trade when it sent cease and desist letters to

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