LEO: Adverse Witness - Attorney  LE Op. 920


Adverse Witness - Attorney Revealing

Availability of Adverse Witness.


June 11, 1987


Prior to a hearing for unemployment compensation benefits before the

Virginia Employment Commission, the employer's attorney noticed an

individual present outside the commissioner's office. When questioned, the

individual implied that he intended to be a witness at the hearing for the

employee. The individual did not appear at the hearing. At the hearing's

conclusion, the appeals examiner asked the employee and the employer's

lawyer if either had anything else to say. Each party responded in the

negative and the hearing was concluded.


Under the above circumstance, it was not improper for employer's attorney

not to disclose the availability of the witness. It would have been

improper for the employer's attorney to reveal the availability of the

witness since he had no duty to do so and to do so may have prejudiced or

damaged the attorney's client. [ DR:7-101(A)(3), DR:7-102, DR:7-108]


Committee Opinion June 11, 1987