The course will address the ethical parameters a lawyer must observe under Virginia Rule of Professional Conduct 4.2 when considering communicating with a person who is or might be represented by another lawyer. The Virginia State Bar is frequently presented with bar complaints filed by other lawyers alleging a violation of this Rule.  It is important that practitioners have a thorough understanding of how the rule and potential licensing sanctions will be applied.  Among the topics covered will be: 

• When does a lawyer "know" that a person is represented?  
• What are the ethical duties respecting guardians ad litem for minor children? 
• What must a lawyer do when contacted by a represented person? 
• When may a lawyer contact a constituent of a represented organization? 
• When may a lawyer correspond with a represented person via email?  
• May a lawyer contact a person who was represented during litigation if the case has ended?

Seth Guggenheim
Schumack + Guggenheim PLLC 

Seth has practiced law in the public and private sectors for over 40 years. He has held leadership positions in the Alexandria Bar Association, and lectures frequently on legal ethics and professional regulation to bar associations and other groups. He is an adjunct professor at the Washington College of Law at American University, having taught a course for nine years entitled Ethics for Trial Lawyers. He has judged law students at mock trial competitions. Seth was a prosecutor for the Virginia State Bar between February of 2000 and April of 2012. He thereafter served as assistant ethics counsel until January 1, 2022. Seth gave Ethics Hotline advice to lawyers, presented at seminars, and reviewed lawyers’ proposed advertising during his tenure in the Ethics Department. He also assisted the Bar’s Standing Committee on Legal Ethics in the generation of legal ethics opinions. Before employment by the Virginia State Bar, Seth was in private practice for 20 years, and also served in what is now the D.C. Office of the Attorney General, representing the District Columbia in civil matters as an assistant corporation counsel (now assistant attorney general). Seth joined Daniel Schumack in January of 2023 at the Fairfax firm now known as Schumack + Guggenheim PLLC, where he represents lawyers and law firms regarding conflicts analyses and regulatory matters, to include bar complaint defense. Seth attended the George Washington University and Boston University, where he earned a Bachelor of Arts degree. He is a graduate of the Washington College of Law at American University, where he was awarded a Juris Doctor degree. He is a member of the Virginia State Bar and the District of Columbia bar. 

Daniel Schumack
Schumack + Guggenheim PLLC

Dan Schumack represents lawyers who need Bar complaint defense in the District, Virginia, USPTO, or Maryland; Fee dispute arbitration or litigation; Private ethics advice.

Most projects are privately engaged or paid by insurance carriers. In addition, the D.C. Court of Appeals and/or Board on Professional Responsibility have previously appointed Dan in matters concerning deceased, incapacitated, or indigent lawyers; and as Special Bar Counsel when the Office of Disciplinary Counsel has been conflicted out.

Dan is currently serving as Vice Chair (2023-on) and member (2019-on) of the D.C. Bar's Legal Ethics Committee. This body is responsible for drafting published opinions on gray areas in the D.C. Rules of Professional Conduct.

Dan has previously served as Vice Chair (2007-2009) and member (2004-2009) of the D.C. Bar’s Rules of Professional Conduct Review Committee, which is the body responsible for drafting proposed amendments to the Rules of Professional Conduct.

He has also served as an adjudicator of disciplinary cases in his roles as a Hearing Committee Chair (1998-2000) and Hearing Committee panelist (1994- 2000) in the D.C. Bar’s disciplinary system.

Dan has presented more than two dozen multi-state accredited ethics CLE courses, not counting some that have been presented more than once. These courses have included: Get Paid for the Work You Do (Without Losing Your Law License); I'm the Best Lawyer in Town – and Other Things You Can't Say (Ethically) When Branding or Marketing Your Law Firm; and Ethical Limits on Your Law Firm's Partnership and Employment Agreements. See the firm's website for a complete list of course descriptions at EthicsAttorney.com.

Dan is a 1987 graduate of American University’s Washington College of Law. He is a member of APRL (the Association of Professional Responsibility Lawyers) and AV Rated by Martindale-Hubbell.