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NOVA LAW: Voir dire–Testing a juror's English proficiency (access required)

A Vietnamese juror’s alleged difficulty with the English language and reliance on other jurors did not deprive an Alexandria criminal defendant of his Sixth Amendment right to an impartial jury, the 4th U.S. Circuit Court of Appeals has ruled. The ...

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Negotiating attorneys' fees (access required)

The Mahoney case on good faith also offers guidance on how banks and borrowers can negotiate over attorneys’ fees. While the guarantors appealed as to good faith, the bank appealed on fees. The bank claimed that the trial court should ...

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IOLTA rolls back July 1 (access required)

The Virginia State Bar Council, which twice voted for mandatory IOLTA, has approved a rule change rolling back the program to opt-out status. The March 3 vote, which was unanimous, is part of the procedural follow-through of a deal cut ...

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Tip: Striking jurors for right and wrong reasons (access required)

Although litigators know that striking venire members on the basis of race or sex is prohibited, they may be at a loss sometimes to explain their peremptory strikes. Or they may be surprised to hear a strike questioned at all. ...

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DUI defense works in Va. (access required)

Based on double jeopardy A new DUI defense based on double jeopardy has worked apparently for the first time in Virginia: A Roanoke County general district judge last Wednesday dismissed DUI charges against a defendant whose license had been suspended ...

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News Analysis: Commissioner's "report" no bar to nonsuit (access required)

Defense lawyers concede that a plaintiff should be able to take a nonsuit when unforeseen circumstances cripple a case at the last minute, such as a critical witness having a car accident. But some lawyers point to a recent Circuit ...

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Rookie lawyers hit for $30K (access required)

Three novice lawyers have been ordered to pay $30,000 in attorney’s fees to an opposing party in a civil rights case for refiling a claim that a judge said had no evidentiary basis. The fee award, which was issued by ...

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Presentation technology enters the courtroom (access required)

Dear Reader: Months ago, Virginia Lawyers Weekly promised that you wouldn’t read about O.J. Simpson in this newspaper. And you still won’t. While Simpson’s name does appear in the following article, discussions of his DNA, his facial expressions and his ...

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News in Brief for March 13, 1995 (access required)

Review of ethics package extended Virginia lawyers will have more time to consider proposed changes to the Code of Professional Responsibility. Previously, the plan of action was for discussion of the changes at the March meeting of the Virginia State ...

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High court: No claim for breach of UCC good faith (access required)

A bank did not violate its duty of good faith by refusing a borrower’s request to release collateral for sale, the Supreme Court has held in a case of first impression. With this decision, Virginia adopts the majority view that ...

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