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Charging order can't dissolve limited p'ship (access required)

A creditor attempting to collect on personal judgments against two general partners may not use a “charging order” to dissolve a limited partnership, a Fairfax Circuit judge has ruled in a case of first impression. The charging order, a statutory ...

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Practice Tip: Getting the most out of negotiations (access required)

ROANOKE–The legal system, in many respects, is directed toward litigation in a courtroom. The rules of civil procedure set the ground rules for developing evidence for trial and control attorneys’ conduct during it. But because a vast majority of the ...

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New ethics code unveiled (access required)

Virginia attorneys may be playing by new rules in coming years, under a major reworking of Virginia’s Code of Professional Responsibility that will be presented to the Virginia State Bar Council when it meets this week. The proposal is a ...

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Mediation ethics proposed (access required)

Ethics for lawyers acting as mediators would be covered for the first time in the Virginia Code of Professional Responsibility in a draft revision of the code to be presented to the Virginia State Bar Council this week. The new ...

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Depositions prohibited in cases before SCC (access required)

Parties are not allowed to take discovery depositions in cases pending before the State Corporation Commission, the SCC has ruled. A hearing examiner granted a public utility’s request to conduct depositions prior to a hearing, but the SCC reversed the ...

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Dues hike and discipline on VSB Council agenda (access required)

Mandatory IOLTA is not the only major question facing Virginia State Bar Council members when they meet Oct. 20-21 in Chantilly. The 1995-2000 long-range plan also awaits, with a decision on raising dues to fund a beefed-up disciplinary department. Under ...

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Mandatory IOLTA rejected, 58-42% (access required)

Virginia should return to a voluntary or “opt-out” system of IOLTA, according to a plurality of lawyers responding to a Virginia Lawyers Weekly fax poll on IOLTA. Results show that 42.2 percent of respondents favored the voluntary approach to IOLTA. ...

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Program impacts banking relationships (access required)

Much of the commentary among fax poll responses centered on attorneys’ relationships with their banks. Of course, banks are the repositories of attorneys’ accounts, be they IOLTA catch-all accounts, accounts ear-marked for individual clients or general operating accounts. Banks also ...

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Alternatives offered (access required)

Some respondents had suggestions for different ways to spend the money generated from IOLTA interest. Several suggested using IOLTA money to improve protection for the public. One suggested buying fidelity insurance to protect clients from “bar thieves.” “Charity begins at ...

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Mom who hid son can't get past support (access required)

A mother who divorced her son’s father and then actively concealed the son’s whereabouts until the boy went to college may not sue the father for back child support, a Fairfax Circuit judge has ruled in a case of first ...

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