CLOSED for business
Published: July 21, 2008
Facing a staff shortage and without funds for new hiring, the Fredericksburg Circuit Court Clerk has decided to close the clerk’s office to the public two afternoons a week to catch up on paperwork.
Clerk Sharron S. Mitchell is closing the doors to her office at noon on Tuesdays and Thursdays. During those afternoons, her [...]
Client had oral contract, lawsuit was filed too late
Published: July 21, 2008
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 the shorter statute of limitations that applies to oral contracts under Virginia law.
An Alexandria federal district [...]
Prosecutors on the spot
Published: July 21, 2008
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 a petition signed by one percent of the voters in a locality.
The statute has been [...]
Gloucester political brouhaha prompts five indictments
Published: July 21, 2008
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 criminal trials of fellow elected officials, citizens are circulating petitions to recall four members of the [...]
Lawyers in the News
Published: July 21, 2008
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 federal and state courts.
He earned his undergraduate degree at Saint Vincent College in 1983 and [...]
How to manage the tsunami of spam
Published: July 21, 2008
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 you ready to delegate e-mail triage to a staff person? Then let’s see what we [...]
Domestic Relations - PSA – Duress 
Published: July 21, 2008
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 because it was signed under duress and is unconscionable.
It is unclear from the record that [...]
Civil Procedure - Default Judgment – Deemed Admissions – Musical Acts
Published: July 21, 2008
A woman who alleges a Michigan resident hired her to engage musical acts for the Fire Lake Festival but failed to pay her for her services, obtains a default judgment for $57,095 and the Chesapeake Circuit Court denies defendant’s motion to set aside the default judgment.
In her complaint, plaintiff alleged defendant was a major investor [...]
Criminal - Firearm Charge – Prior Felony Offense
Published: July 21, 2008
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 been a violent felony if committed by an adult.
The prior disposition order clearly states that [...]
Criminal - Appeals – Procedural Default - Proffer
Published: July 21, 2008
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.
Defendant did not proffer or avouch for the record what the codefendant would have said had [...]
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