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Would-be lawyer loses appeal

Court-of-Appeals crA man who tried to act as a criminal defense lawyer using a “power of attorney” document has lost his bid to overturn an obstruction-of-justice conviction.

It’s the second loss in as many weeks for Herbert W. Lux Jr. at the Court of Appeals of Virginia.

Lux claimed his “power of attorney,” a document signed by a woman facing a felony charge in Stafford County, allowed him to serve as her legal counsel at a preliminary hearing.

The judge thought otherwise and sent word that the hearing would not start until Lux left the counsel table and returned to the courtroom gallery.

Lux insisted he had a right to sit beside his “client,” and remained there until a bailiff used force to remove him. A jury convicted him of obstruction of justice.

Noting Lux had twice before been informed that a power of attorney was not a license to practice law, the Court of Appeals Tuesday found the evidence sufficient to convict for obstruction of justice.

A separate Court of Appeals panel last week affirmed another obstruction of justice conviction for Lux in a case where Lux was accused of defying a court order not to approach members of a jury that had convicted his son.

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