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VSB approves adjuster talk with plaintiff’s lawyer
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
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
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 […]
LEO covers conflicts for ‘of counsel’ status
“Of counsel” has been showing up on law firm letterheads and websites for years, and the status can cover a variety of arrangements. A new advisory legal ethics opinion offers guidelines for one such arrangement, based on a hypothetical in which a sole practitioner with her own PLLC, who specializes in tax work, wants to […]
Lawyer accepts six-month suspension in deal with VSB
A Winchester lawyer facing six complaints from the Virginia State Bar has agreed to a six-month suspension for a series of legal ethics violations, including disobeying a judge’s ruling and filing a pleading while he was under a prior suspension order. As part of an Aug. 17 agreement with the VSB, the bar dropped two […]
Appeals court upholds denial of fees to McGuireWoods
McGuireWoods’ failure to provide full disclosure of incentives for some plaintiffs was labeled an “egregious” violation of ethical rules as the 9th Circuit Court of Appeals affirmed a complete denial of fees for the Richmond-based firm for work on a class action antitrust case. The firm represented would-be lawyers who claimed West Publishing Corp. and […]
Law firm not disqualified, but referred to the VSB
A Norfolk law firm violated ethics rules when it simultaneously represented two clients who were in adverse legal positions, a U.S. magistrate judge in Norfolk has held. The judge said he found no prejudice in the current case and would not disqualify the firm. He did, however, refer the matter to the Virginia State Bar. […]
Law firm not disqualified, but referred to VSB
A Hampton Roads law firm violated ethics rules when it simultaneously represented two clients who were in adverse legal positions. A Norfolk U.S. District Court said it found no prejudice in the current case and would not disqualify the firm, but would refer the matter to the Virginia State Bar. Montagna Klein Camden LLP specializes […]
Sticking to the script: Ethics issues can arise with metadata mining
Electronic documents can tell a tale at odds with the surface script, and dealing with “metadata” can present temptations to corporate counsel when an email hits the wrong person’s inbox. Metadata includes the hidden information that describes the history, tracking or management of an electronic document. Sometimes metadata revelations are merely embarrassing. During the recent […]
Business cards: Follow the ethics rules when ordering
Even something so seemingly innocuous as a business card can present ethical issues for attorneys. For example, although the commonwealth of Virginia doesn’t specifically reference business cards in the Rules of Professional Conduct, lawyers have been cited for inappropriate use of cards, said James M. McCauley, ethics counsel with the Virginia State Bar. In one […]
Lawyer can blog about cases, with disclaimer
A lawyer did not violate ethics rules when he wrote about his cases on the Internet without client consent, a three-judge panel said on June 5. The panel overturned a disciplinary committee’s finding of misconduct under Rule 1.6, which governs confidentiality of information. Portsmouth Circuit Court Judge Kenneth R. Melvin announced the decision for the […]
Case discussion OK on lawyer blog
A lawyer did not violate an ethics rule when he wrote about his cases on the Internet without client consent, a three-judge panel said today. The panel overturned a district discipline committee’s finding of misconduct under Rule 1.6, which governs confidentiality of information. In a decision announced by Portsmouth Circuit Court Judge Kenneth R. Melvin, […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
