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ZAUG v. VIRGINIA STATE BAR EX REL. FIFTH DISTRICT — SECTION III COMMITTEE

Record No. 121656.

737 S.E.2d 914 (2013)

285 Va. 457

Heather Ellison ZAUG v. VIRGINIA STATE BAR, EX REL. FIFTH DISTRICT — SECTION III COMMITTEE.

Supreme Court of Virginia.

February 28, 2013.

Attorney(s) appearing for the Case

Seth M. Guggenheim , Assistant Ethics Counsel ( Edward L. Davis , Bar Counsel; Kathryn R. Montgomery , Deputy Bar Counsel, on brief), for appellee.

Bernard J. DiMuro ( Michael S. Lieberman ; DiMuroGinsberg, Alexandria, on briefs), for appellant.

Amicus Curiae: Virginia Association of Defense Attorneys ( Jeffrey H. Geiger Sands Anderson, on brief), in support of appellant.

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal of right from a judgment entered by a three-judge circuit court in a disciplinary hearing, we consider whether an attorney violated Rule 4.2 of the Virginia Rules of Professional Conduct.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Heather Ellison Zaug is an attorney licensed to practice law in the Commonwealth of Virginia and admitted to the Bar of this Court. In April 2010, Zaug and Richard L...

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