Fairfax lawyer, VSB fight over ‘virtual offices’

Payee notification passes VSB Council unanimously

By Peter Vieth
Published: October 23, 2012
Tags: Clients' Protection Fund, General Assembly, Payee Notification, Supreme Court of Virginia News, Virginia State Bar, Virginia Trial Lawyers Association

ROANOKE – A plan to require insurance companies to notify clients of insurance claim payments made to their lawyers won unanimous approval from the Virginia State Bar council Oct. 19. The proposal had a tangled and contentious history. Approval came only after the Virginia Trial Lawyers Association accepted the version of payee notification hammered out [...]

Lawyer with felony never was revoked

By Peter Vieth
Published: October 19, 2012
Tags: Criminal, Federal Courts, Judge Claude M. Hilton, Lawyer Discipline, Virginia State Bar

A Fairfax County attorney who thought her law license was revoked after a 2007 federal felony conviction got a surprise earlier this year when she sought reinstatement. She was still in good standing. Her license never was impacted by the conviction, even though she promptly self-reported to the Virginia State Bar.

Ethics case centers on lawyer’s conflict check

By Peter Vieth
Published: October 18, 2012
Tags: Domestic Relations, Ethics, Lawyer Discipline, Virginia State Bar

An Eastern Shore lawyer is fighting to overturn a Virginia State Bar admonition for failing to withdraw from representing a divorcing husband after the wife divulged confidential information to his law partner. The case highlights the risk of not having a database for easy conflict checks, even for a small law office.

Prosecutor reprimanded

By Virginia Lawyers Weekly
Published: October 15, 2012
Tags: Criminal, Lawyer Discipline, Virginia State Bar

The Virginia State Bar Disciplinary Board has affirmed a public reprimand against a Prince George County prosecutor who allegedly pursued criminal charges without probable cause. The case represents another instance of bar discipline for a prosecutor, following recent criticism from some defense lawyers that few prosecutors seemed to face misconduct proceedings. As an assistant commonwealth’s [...]

Doctor avoids contempt charge

By Peter Vieth
Published: October 3, 2012
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Medical Malpractice, Sanctions, Virginia State Bar

A physician who failed to appear for a deposition has avoided a contempt charge, but lawyers who advised the doctor to stay away have been cited for contempt by a Fairfax Circuit Court judge. In an effort to keep the doctor from having to answer questions about a hospital internal investigation, the hospital’s lawyers told [...]

VSB approves adjuster talk with plaintiff’s lawyer

By Deborah Elkins
Published: September 28, 2012
Tags: Ethics, Legal Ethics Opinion, Rules of Professional Conduct, Virginia State Bar

The Virginia State Bar has approved an advisory ethics opinion that says unless a plaintiff’s lawyer knows that a defense lawyer represents the insured and the insurance carrier, the plaintiff’s lawyer may talk to an insurance adjuster without the defense lawyer’s consent. A draft Legal Ethics Opinion 1863, circulated last month by the VSB Standing [...]

Supreme Court nixes changes in lawyer ad rules

By Peter Vieth
Published: September 20, 2012
Tags: Ethics, Legal Marketing, Rules of Professional Conduct, Supreme Court of Virginia News, Virginia State Bar

The Supreme Court of Virginia has rejected proposed reforms in lawyer advertising regulations, refusing to relax requirements for disclaimers on claims about case results and tightening limits on the use of words such as “expert” and “specialist.” With amended advertising rules adopted Sept. 18, the court spurned a plan by the Virginia State Bar and its [...]

Insurance defense bar questions adjuster LEO

By Peter Vieth
Published: September 12, 2012
Tags: Ethics, Insurance, Legal Ethics Opinion, Virginia Association of Defense Attorneys, Virginia State Bar

The Virginia State Bar is proposing to give a green light to plaintiffs’ lawyers talking directly with insurance adjusters, but tort defense lawyers are signaling caution. The Virginia Association of Defense Lawyers warns about unintended consequences and oversimplification of the defense lawyer’s role if a proposed legal ethics opinion is adopted. The VSB ethics committee [...]

Ethics advice may change on talks with adjusters

By Peter Vieth
Published: August 31, 2012
Tags: Insurance, Legal Ethics Opinion, Supreme Court of Virginia News, Virginia State Bar

The Virginia State Bar is signaling a change of position on an issue that regularly arises in litigation: May a plaintiff’s lawyer talk directly to an insurance adjuster without asking permission from the defense lawyer. The answer may soon be “Yes.” A draft legal ethics opinion published by the VSB acknowledges that a defense lawyer [...]