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Monthly Archives: July 2008

Client had oral contract, lawsuit was filed too late (access required)

Lawyers like retainer agreements because they offer protection when things go wrong with a client. But having no written agreement meant one former Virginia lawyer caught a break when a client sued for legal malpractice. The lawyer sought shelter in ...

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Prosecutors on the spot (access required)

Prosecutors have extraordinarily broad discretion in criminal cases but none at all under Virginia Code § 58.1-3003. That law requires a commonwealth’s attorney to appeal “an order for the imposition of taxes” by a local governing body if he receives ...

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Gloucester political brouhaha prompts five indictments (access required)

Public outcry over a heavy-handed political turnover in a suburban Tidewater county led this month to a strongly worded special grand jury report and the misdemeanor indictments of five public officials.  Now, as the Gloucester County commonwealth’s attorney prepares for ...

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Lawyers in the News (access required)

Ted G. Yoakam has become a shareholder in the Virginia Beach law firm of McKenry, Dancigers, Dawson & Lake PC.  Yoakam will manage the medical malpractice section of the firm and continue his civil litigation and appellate practice in both ...

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How to manage the tsunami of spam (access required)

Does your work day begin with a thousand taps of the “Delete” key to remove the flood of spam that invades your inbox? Are you getting worn down trying to sort the important e-mails from the torrent of junk? Are ...

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Domestic Relations – PSA – Duress (access required)

Although wife had no part in drafting the property settlement agreement presented by husband, a Sussex County Circuit Court says her evidence of past treatment for depression and allegation of an unfair settlement do not indicate the agreement is void ...

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Criminal – Firearm Charge – Prior Felony Offense (access required)

The Court of Appeals upholds defendant’s conviction for possession of a firearm under Va. Code § 18.2-308.2 because the evidence was sufficient to prove his status as a person found guilty of an act as a juvenile that would have ...

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Criminal – Appeals – Procedural Default – Proffer (access required)

A defendant’s conviction for cocaine distribution is affirmed by the Court of Appeals because he procedurally defaulted his claim that the trial court erred in refusing to permit him to cross-examine his codefendant about the codefendant’s discussions with his attorney. ...

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Criminal – Appeals – Rule 5A:18 – Confrontation Clause (access required)

The Court of Appeals does not consider defendant’s claim that the trial court denied his Sixth Amendment rights when it refused to allow the defense to cross-examine a night-club security guard who witnessed the events leading up to the charged ...

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