Lawyer’s Tortious Interference Suit Dismissed

Phone Call Did Not Violate Ethics Rule

By Deborah Elkins
Published: March 13, 2013
Tags: Attorneys, Justice William C. Mims, Supreme Court of Virginia

A lawyer defending a med-mal case did not violate Rule 4.2 of the Virginia Rules of Professional Conduct when she failed to immediately hang up on the plaintiff who began telling the lawyer the case was taking an emotional toll on the family and they wanted to settle; a unanimous Supreme Court of Virginia reverses [...]

Lawyer facing 22 federal charges

By Peter Vieth
Published: March 6, 2013
Tags: Attorneys, Criminal, Federal Courts

A Wise County attorney has a June trial date on charges that he regularly used and shared illegal drugs with former clients and asked them to lie about it under oath. R. Stuart Collins of Wise is accused of snorting cocaine with one former client at a conference room table in his law office, according [...]

No Admonition for Divorce Conflicts Issue

By Deborah Elkins
Published: March 5, 2013
Tags: Attorneys, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

A lawyer who was representing a husband in a divorce case did not violate ethics rules when he did not withdraw from the case after learning his law partner had a conversation with wife about representing her but declined to take the case when he heard the name of husband’s lawyer; the Supreme Court of [...]

Disclaimer Needed, But Not Client Consent

By Deborah Elkins
Published: March 5, 2013
Tags: Attorneys, Justice Cleo E. Powell, Supreme Court of Virginia

A lawyer’s single disclaimer on his website was not enough to warn potential clients that they might not see the same successful results in their criminal cases as the lawyer touted in his blog posts, but the lawyer is not required to get permission of clients or former clients to discuss results in closed cases [...]

Payor Can Sue Lawyer on Contract to Defend Juvenile

By Deborah Elkins
Published: October 15, 2012
Tags: Attorneys, Judge J. Overton Harris, Richmond County Circuit Court, Virginia Circuit Courts

A plaintiff who paid defendant lawyer a $45,000 flat fee to defend a juvenile on a rape charge through “final verdict” of the juvenile court, has standing to seek an accounting of that fee after the lawyer was discharged before representation was concluded under the contract, says a Richmond County Circuit Court. The intent of [...]

Divorce Client’s Malpractice Claim Survives

By Deborah Elkins
Published: August 10, 2012
Tags: Attorneys, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A divorce client can’t sue his lawyer for his problems with a PSA the client signed before he hired the lawyer, but the client may pursue claims alleging failure to respond to discovery requests, defend against pretrial motions and seek attorney’s fees, says a Fairfax Circuit Court. On April 5, 2006, in anticipation of divorce, [...]

Fee Provision Covers Future Fees

By Deborah Elkins
Published: March 28, 2012
Tags: Attorneys, Judge T.S. Ellis III, U.S. District Court - Eastern District

A contract’s fee-shifting provision for fees “actually incurred” in a collection action allows plaintiff to recover fees in this case after a default judgment even though plaintiff hasn’t paid any fees yet; but an Alexandria U.S. District Court declines to award the 40-percent contingency fee called for in the fee agreement and awards plaintiff $13,980 [...]

Former Employees Win Arbitration & Fees

By Deborah Elkins
Published: February 24, 2012
Tags: 4th U.S. Circuit Court of Appeals, Attorneys, Judge Allyson K. Duncan

A securities firm that lost its FINRA arbitration proceeding against former employees who left to work for a competitor winds up paying over $1 million in attorney’s fees under a South Carolina statute that penalizes frivolous lawsuits; the 4th Circuit affirms the district court order refusing to vacate the arbitration award in favor of the [...]

Patent Lawyer Suspended for No License

By Deborah Elkins
Published: February 7, 2012
Tags: Attorneys, Judge Margaret P. Spencer, Virginia Circuit Courts, Williamsburg/James City County Circuit Court

A patent lawyer who was licensed in Louisiana but represented she had a Virginia law license and practiced law in Virginia without a license is suspended by a three-judge panel sitting in the Circuit Court for James City County/City of Williamsburg for two years, with terms. Pursuant to S.Ct. Rule Part 6, Section IV, Paragraph [...]