Wednesday, July 25, 2007

On the demise of LEO 1829

Jeff Shapiro of the Richmond paper reports here on the decision by the VSB to take a pass on LEO 1829.

It is a funny sort of contradiction. When the Rules replaced the Code in Virginia, the proscription against the appearance of impropriety was taken out, because it was thought to be too vague, yet under the Code, this vague language led to a nevertheless "bright line" rule, which LEO 1829 would have eliminated.

UPDATE: The Shapiro story contains one misleading point, with regard to the position of the LGA, or so I'm told, who in their comment to the VSB said, among other things: "There was also consensus that our members would prefer a return to the appearance of impropriety standard contained in the former Code of Professional Responsibility."

That's what I think, and a lot of Virginia lawyers think.

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