Barrett v. Virginia State Bar
Supreme Court of Virginia
611 S.E.2d 375 (Va. 2005)
Lawyer Timothy Barrett (plaintiff) sent his separated wife, Valerie Rhudy, numerous emails, most affectionate, but two discussing the couple's impending divorce: one asserting he would get custody and Rhudy would pay spousal support under Virginia law, the other claiming Rhudy had no case against him, that he would win a fault-based divorce, and that her legal costs would exceed $30,000. Before Rhudy retained counsel, the Virginia State Bar Disciplinary Board (defendant) found these emails violated Rule 4.3(b), which bars a lawyer from giving legal advice to an unrepresented person whose interests may conflict with the lawyer's client's interests, and suspended Barrett's license for three years.
Whether a lawyer may give advice to a person who is not represented by counsel, other than advice to secure counsel, if the interests of the unrepresented person are or have a reasonable possibility of being in conflict with the interests of the lawyer's client.