The issue of whether a landowner may be liable for an injury to someone that occurs on their property depends on the legal classification of the injured person at the time of the injury. There are three types of visitors that are used in the...
I am often asked about the definition of shared custody. The term “shared custody” appears in the child support section of the Code of Virginia, not the custody and visitation section. It refers to circumstances where one party has custody or...
One of the main benefits of a corporation or limited liability company (“LLC”) is that unlike a partnership or sole proprietorship, the owners of the entity have no personal liability to any contractual creditors of the corporation, unless they...
Counseling is an important part of being an “attorney and counselor at law” and the longer your professional relationship lasts with a client the more important it becomes.
This may not be the case in all aspects and specialties of the practice of...
Every death caused by the negligence of another is horrific and brings with it untold pain to friends and loved ones of the decedent. I do not mean to diminish that point in this note. Nonetheless, all deaths are not the same under the law and my...
You have been appointed executor of an estate or trustee of a trust. You want to do your best for the beneficiaries but you have another major concern as well: avoiding being sued for the way you carry out your duties. Acting as fiduciary is a...
This is a simple guide for transport companies and drivers to follow to aid a knowledgeable attorney in defending against Overweight Citations in the Commonwealth of Virginia.
Step 1: What to do before you start to move the load.
Have all permits...
Most of us are the recipients of numerous sources of information pertaining to taxes and a number of newsletters cover tax topics. However, it is important to realize that tax planning is not a once in a year, do at the very end of year,...
In our estate planning practice, we often see Powers of Attorney prepared as part of a normal estate planning package. Because the terms and conditions of a typical, well-designed power of attorney are fairly standard, there is a tendency to treat...
As a general rule, covenants not to compete in employment contracts are not favored in Virginia and are always strictly construed against the employer. Does this mean that all such covenants aren’t enforceable? No. It does mean, however, that the...