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Author Archives: Deborah Elkins

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Court-Appointed Statute is Challenged in Appeal (access required)

The struggle for better pay for court-appointed lawyers surfaced last week in the Virginia Court of Appeals. Appearing before an appeals court panel that included Chief Judge Johanna L. Fitzpatrick, Richmond criminal defense lawyer Steven D. Benjamin attacked Virginia’s statutory ...

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Jury Charge Critical to Acquittals (access required)

When one of Norfolk’s biggest drug conspiracy trials ended earlier this month, five of 13 defendants walked away with acquittals. Five other defendants were convicted only on minor charges and released on bond. Of the remaining three, two were convicted ...

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Attacking out-of-state experts (access required)

Products liability lawyers know that getting the result they want can turn entirely on an expert witness. A lawyer may have to look beyond the confines of the commonwealth to locate the right expert, and then make sure that expert ...

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Lawyer Must Pay For Extra 'Objection' (access required)

A lawyer who failed to comply with a court order to respond to discovery “without objection” has to pay opposing counsel’s attorney’s fees for the next round in their court fight over discovery, an Arlington County Circuit judge has ruled. ...

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Wrestling With 'Local Rules' (access required)

WILLIAMSBURG — Virginia’s bench and bar are facing a midsummer deadline from the General Assembly on Virginia circuit courts’ use of “local rules.” The Boyd-Graves Conference is taking a lawyerly approach: They plan to seek a continuance. The Conference, a ...

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