Professional Responsibility

Question 1

When there’s a business transax between an attorney and attorney’s client, must the client be represented by independent counsel?

Answer 1

No.

Virginia Rule 1.8(a), which addresses business transactions between a lawyer and client, requires that the client’s consent be in writing, that the client be given a reasonable opportunity to seek the advice of independent counsel, that the transaction be objectively reasonable, and that the transaction itself be in writing and in terms that can be understood by the client.