When cocktail party chatter turns legal, lawyers seek ‘safe harbor’

No Malpractice Claim Against Ponzi Defendant’s Lawyer

By Deborah Elkins
Published: April 5, 2011
Tags: Attorneys, Judge Beverly W. Snukals, Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says an investor in a Ponzi scheme cannot sue the Ponzi schemer’s lawyer for legal malpractice, as the investor has not alleged privity with the attorney, or any third-party benefit flowing to the investor from the lawyer’s contract with his client. This case tangentially involves Donald Lacey’s Ponzi scheme in which [...]

Attorneys – Sanctions – Expert Witness Opinion – Nonsuit

By Deborah Elkins
Published: December 28, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

Although a Fairfax Circuit Court struck testimony by plaintiff’s expert about her alleged spinal fractures that resulted from a 2005 traffic accident, the court declines to award defendants over $16,000 in defense expert fees because plaintiff took her first nonsuit during trial, instead of within seven days of trial; plaintiff could not nonsuit earlier because [...]

Attorneys – Motion To Disqualify – Conflict Of Interest – Divorce Fees

By Deborah Elkins
Published: November 19, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge Randy I. Bellows, Virginia Circuit Courts

In this suit by a divorce client alleging malpractice by her lawyer, a Fairfax Circuit Court denies the defendant lawyer’s motion to disqualify the client’s lawyer from representing both the client in the malpractice action, and her brother-in-law who paid her legal fees and is suing defendant lawyer for fraudulently claiming he needed the money [...]

Attorneys – Legal Malpractice – Contract Claim – Limitations

By Deborah Elkins
Published: November 5, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts

Although a plaintiff’s original complaint alleged “Malpractice” against defendant lawyer, the complaint necessarily referred to a breach of contract action, since that is what legal malpractice is, and a Fairfax Circuit Court overrules defendant’s plea in bar which claims plaintiff changed her cause of action when she refiled after nonsuit to allege a claim for [...]

Attorneys – Motion To Disqualify – Former Prosecutor

By Deborah Elkins
Published: October 26, 2010
Tags: Attorneys, Judge Anthony J. Trenga, U.S. District Court - Eastern District

In this libel and conspiracy action filed against defendant Lyndon LaRouche, his political action committee and other defendants, an Alexandria U.S. District Court grants defendants’ motion to disqualify as plaintiff’s counsel the lawyer who, as a former assistant U.S. attorney, participated in criminal prosecutions against LaRouche, and assisted in the LaRouche prosecution in the Alexandria [...]

Attorneys – Motion To Disqualify – Conflict Of Interest – Patent Infringement

By Deborah Elkins
Published: October 12, 2010
Tags: Attorneys, Judge Robert E. Payne, U.S. District Court - Eastern District

In this patent infringement case, a Richmond U.S. District Court grants defendant’s motion to disqualify Steptoe & Johnson LLP as lawyers for plaintiff Sunbeam, as one of Steptoe’s lawyers previously worked for a different law firm that represented defendant company, analyzing prior art for the application that he drafted for the accused product, the Magic [...]

Attorneys – Attorney’s Fees – Trial Prep – Loan Default

By Deborah Elkins
Published: October 6, 2010
Tags: Attorneys, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

In a vehicle floor-plan financing company’s successful collection action against a Virginia automobile dealership and its guarantors after their default, an Alexandria U.S. District Court says the number of hours and billing rates for plaintiff’s law firm are reasonable, and the court awards plaintiff $98,633.68 in attorney’s fees. This action arises from default by defendant [...]

Attorneys – Legal Malpractice – Limitations – 1986 PSA

By Deborah Elkins
Published: September 21, 2010
Tags: Attorneys, Justice Charles S. Russell, Supreme Court of Virginia

Although a wife did not realize damages from a 1985 property settlement agreement’s bare reference to her receipt of “survivor’s benefits from the husband’s retirement pay” until 2006 when she was denied survivor’s benefits from two federal pensions, her 2009 legal malpractice action came too late, the Supreme Court says. The circuit court held the [...]

Attorneys – Legal Malpractice – Late Transcripts – Ski Injury – Law Of The Case

By Deborah Elkins
Published: September 21, 2010
Tags: Attorneys, Justice S. Bernard Goodwyn, Supreme Court of Virginia

Wintergreen Resort cannot claim legal malpractice against a law firm that forfeited Wintergreen’s appeal of an $8.3 million verdict in a skier’s personal injury case when the firm did not timely file transcripts, the Supreme Court of Virginia says; the resort has no claim because trial counsel’s failure to object to jury instructions on negligence, [...]