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Author Archives: Harrison Osborne

Practice Tip: Yet another way to attack DUI blood test certificates (access required)

The ingenuity of defense lawyers in finding technical defenses to drunken driving charges apparently is inexhaustible. One of the year’s most popular opinions has been Commonwealth v. Slusher, (VLW 093-8-117), a Spotsylvania County case in which a judge threw out ...

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Lawyers open mediation shops to help clients (access required)

Why would a lawyer become a mediator? It isn’t the money. Most lawyers can make more money spending their time practicing law. Dorothy Della Noce, a Richmond lawyer who has become a full-time mediator, said she had a bigger income ...

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Practice Tip: Undoing a comprehensive release (access required)

A client has signed a comprehensive release as part of an agreement to settle a dispute. The release paragraph is written in standard form. It states that the client releases the other party “from any and all claims, demands or ...

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DNA testing changing the practice of criminal law (access required)

Science is transfiguring criminal law. In Maryland, a man convicted of murder was set free because a genetic test proved he could not have been the killer. Virginia is preparing to execute a man convicted of capital murder based almost ...

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Passage of statute provides "change in circumstances" (access required)

The General Assembly’s passage of a shared custody statute was a “material change in circumstances” that allowed a man to seek modification of his child support payments, a Richmond Circuit judge has ruled in a matter of apparent first impression. ...

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No. Va. local human rights ordinances go unchallenged (access required)

Few businesses want to acquire a reputation for practicing discrimination. Even an unsubstantiated allegation can hurt business if the claim becomes public. Most businesses would rather settle a discrimination charge in a confidential administrative proceeding than risk adverse publicity in ...

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New scrutiny focused on law foundation (access required)

Next year, the Virginia Law Foundation will begin to receive money under the new mandatory IOLTA rules approved last month. The controversy surrounding the change in IOLTA focused fresh attention on the foundation. In particular, opponents attacked the VLF for ...

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Neutral evaluators urged (access required)

The Fairfax Bar Association is urging the Fairfax Circuit Court to reverse its current policy of refusing to appoint evaluators in child custody cases. Currently, cases involving evaluators often tend to become swearing contests between expert witnesses. The FBA asks ...

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Plaintiffs must have "valid objection" to examiner (access required)

Even though a doctor had previously testified that two-thirds of the plaintiffs he examined exaggerated their injuries, he could not be barred from performing a medical examination for the defendant on the grounds of bias, a federal magistrate judge in ...

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Uncontested divorce becomes easier in Fairfax (access required)

After July 1, a party seeking an uncontested divorce in Fairfax may be able to avoid paying commissioner-in-chancery and court reporter costs. Fairfax recently adopted procedures based on a successful model program in Alexandria. Under the new rules, a party ...

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