Free Newsletter
No-contact rule: Court rejects proposed looser standard for talking to adversary’s employees
The Supreme Court of Virginia has tightened the ethical boundaries for lawyers investigating possible litigation claims. The change puts Virginia more in line with other states and federal courts for what’s referred to as the “no-contact rule.” The justices balked at a revised legal ethics opinion expressly allowing lawyers to talk with employees of a […]
Bar urges clear rule against sex with clients
A Virginia State Bar committee proposes a “bright-line rule” prohibiting sexual relations between a lawyer and a current client unless the intimate relationship predated the lawyer-client relationship. Bar prosecutors regularly get complaints about lawyer-client liaisons, the committee chair said. Incidents often arise in divorce cases, reports indicate. At least 43 other states clearly prohib[...]
Substitute judge barred from work for police union
A Virginia lawyer who serves as a substitute judge may not ethically accept an offer to represent a local police union and its members, a new judicial ethics opinion says. The police union work, including representation of individual officers in grievance matters, would create both real and perceived conflicts of interest for a substitute judge […]
Court modifies UPL regs
Lawyers no longer control the investigation of complaints about the unauthorized practice of law in Virginia. The Supreme Court of Virginia has revamped the Virginia State Bar’s investigation procedures for reports of UPL in the wake of new U.S. Supreme Court guidance on self-regulated professions. The federal justices cautioned against professional regulation unbridled by state [&hell[...]
Loose talk
No matter how insightful your views, that judge you just met at a cocktail party really does not want to hear your observations about the big case you’ve been reading about. Your unsolicited wisdom could compel the judge to explain the awkward encounter to the lawyers involved in the case and – in extreme cases […]
Lawyer cleared of fraud in family assets battle
A three-member arbitration panel has rejected a dozen claims of fraud, self-dealing and other unethical conduct against an Alexandria attorney after a high-stakes family feud over years of complex financial transactions. The arbitrators decided in favor of lawyer Bruce W. Henry on all 12 claims advanced by the daughter of an Alexandria businessman who died […]
What’s your password?
“What’s your password?” It’s a question no one answers. For most folks, security mandates silence. You never give out your password, especially not to some official sounding IT person on the phone. Some lawyers might not disclose their password for another reason: It’s embarrassingly simple. Whether from annoyance or lack of imagination, a lot of […]
Liar, liar
The Virginia State Bar is seeking comments on a proposal to relax ethics rules for a lawyer confronted with a client who wants to commit perjury.
Lawyer beats bar discipline charge
A lawyer charged with lying to a Virginia State Bar investigator has avoided bar discipline with a three-judge deadlock. The circuit court panel issued an order last month stating the three judges could not reach a majority decision on whether the bar had proved by clear and convincing evidence that Brandon H. Ziegler knowingly made […]
Lawyer’s payout forfeiture barred by ethics rule
A law firm cannot enforce a 50-percent penalty clause in its payout contract for departing attorneys who take firm clients with them, an Alexandria federal judge has ruled. The Nov. 6 ruling could be worth as much as $150,000 to the departing lawyer, according to figures disclosed in an earlier opinion in the case. The […]
Court revives judicial ethics committee
The Supreme Court of Virginia is bringing back the Judicial Ethics Advisory Committee, the court said on Oct. 20. Virginia Chief Justice Donald W. Lemons signed an order re-establishing the advisory committee, which first saw life in 1999 and effectively went out of business in 2008, when it released its last advisory opinion. The opinions […]
Prosecutor beats ethics charges
A prosecutor accused of intentionally withholding evidence required to be disclosed to a criminal defendant’s lawyer won dismissal of bar charges on July 22. A district committee of the Virginia State Bar Disciplinary Board unanimously determined to dismiss the bar charges, according to the attorney for Archana J. McLoughlin of Williamsburg. McLoughlin was an assistant […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
