Law Office

A good lawyer knows the law. A great lawyer knows the law and takes a multi-disciplinary approach to representation. Engagements are unique. It is important to recognize that few legal “problems” are without non-legal components. It is my job to draw on my life skills or personal experience and address the matter in a holistic manner–developing strategies and providing solutions that not only meet your goals but also enable each and every client to make healthy decisions.

Below, I’ve provided some general tips that I often provide to clients–in one fashion or the other. The information or guidance below should only be used for general informational purposes only–not construed as legal advice. Legal advice must be tailored to the specific circumstances of each situation, so the information here should be used as a substitute for the advice of qualified legal counsel familiar with your particular situation. You should contact me–or another licensed attorney–to obtain advice with respect to any particular issue or problem. It is also important to note that you should not take action–or refrain from action–in reliance on the information below.

• Talk to a lawyer as soon as you think you will need one. Waiting to the last minute can disadvantage your lawyer and that can make positive-outcomes difficult–and even impossible.
• Never sign a document unless you have read it–and understand it. Often times we feel rushed (or even pressured) to sign a document. Once you sign something it is incredibly difficult to ‘unwind’ that transaction. Be it in a commercial or employment context, you should contact an attorney to explain the contents or meaning of a document before you sign. An attorney can place “boilerplate” (often termed the fine print) into common language and explain the rights and obligations (or terms) in a way that you can understand. When in doubt, tell the other party that you would like to have an attorney review the document before you sign–and do just that.
• And when you think you’ve made a mistake: be prepared to take responsibility (which often times requires you to get involved to “right” the ship, be prepared to accept the consequences (which can involve a significant amount of your time and financial resources), and make best efforts to learn from the mistake (which requires you to implement meaningful change to avoid repetition).

• Document critical stakeholder relationships (vendor, customer, and other) with appropriate and well-drafted instruments (contract, memorandum of understanding) during the normal course of business. Clear definition of obligations, rights and assumptions can help you and others understand what will happen in the event that certain contingencies or conditions arise out there.
• Communicate the ground rules and codes of conduct of your collaboration with employees using a well-drafted and comprehensive contract. Human Capital is typically an organizations greatest strength–and its greatest weakness. So, carefully terminate a non-performing employee and consistently use the most appropriate instruments.
• Provide every employee with a safe work environment that is free of harassment and discrimination and respects their health and safety. Train employees properly if they are expected to use special equipment and provide employees appropriate protective equipment. Workplace accidents are very common and employees who sustain physical injuries at work can hurt morale, productivity, and profit.
• Ask a trained (and qualified) legal professional to draft, review, and even revise every contract before it is signed. An improperly drafted contract could be void or voidable and nullified for similar reasons leaving your company exposed to financial loss.

• It’s often in your best interests to avoid making a statement in any context. In other words: before talking law enforcement–talk to an attorney. If you are arrested (or placed in custody) immediately ask to speak with an attorney. You should not answer any questions without an attorney present. Making statements could result in self-incrimination. It is important to note that statements–including self incriminating statements–may be used against you at trial.
• Avoid making telephone calls (or writing letters) while in custody. Communications (unless you are on the phone with your attorney) are closely monitored (often recorded) by law enforcement. Statements made on the phone from the jail telephone could be self-incriminating. You should exercise extreme caution when speaking to anyone–including other inmates in custody with you.
• Although communications with your attorney are protected and privileged, your attorney will not (and should never) allow you to lie under oath. If you intend on taking the stand in your own defense, you must be cautious about what you tell your attorney. Clients should always be honest and have candid conversations with their legal counsel. It is just important to understand that your lawyer is an officer of the court and they can’t perpetrate a fraud on the court. Namely, they must discourage their clients from taking the stand if they know–in advance–that their client intends to make untrue statements while under oath.
• Pursuant to U.S. immigration law, if a non-citizen is convicted of an aggravated felony, a crime of moral turpitude, or any one of a number of other specifically enumerated crimes (such as violations of laws relating to domestic violence, controlled substances, immigration fraud and firearms), they are at risk of removal. This includes those in the U.S. on work or student visas as well as lawful permanent residents living and working in the United States. In addition to possible removal, a conviction may adversely affect a lawful permanent resident’s ability to one day become a citizen. This includes those in the U.S. on work or student visas as well as lawful permanent residents living and working in the United States.
  • What is a crime of moral turpitude?
    • aggravated assault
    • animal fighting
    • child abuse
    • fraud
    • incest
    • involuntary manslaughter
    • kidnapping
    • mayhem
    • murder
    • rape
    • robbery
    • spousal abuse
    • theft
    • voluntary manslaughter. and
    • conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.

• Evaluate and/or routinely review your employment contract and ensure it is up to date. The lack of a clear agreement can “muddy the water” with respect to a legal dispute. Often, a contract for employment can protect you from at-will termination or at least lay out the terms of a “settlement” should your employer wish to terminate the contract early.
• Evaluate and/or routinely review the company policy and handbook. These policies create clearer legal boundaries and often outline what is appropriate in the workplace. If your conduct clearly violates the terms and conditions set forth within a policy or handbook, you generally have little recourse should your employer terminate you for cause.
• Keep in mind, Virginia is an at-will employment state. Employers can terminate employees at will and without reason or notice. Although many people feel their termination was “wrongful”–especially if it was done without cause–the legal definition of wrongful termination is quite specific. To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.

• If you can’t afford or make your entire child support payment–send as much as you can. Don’t skip the payment entirely. Send as much as you can as soon as you can. There is a child that is depending on that money.
• Stick to the terms of your visitation or parenting time order. Don’t deviate from the order and do not ask for changes or favors. It is incredibly important to communicate and work positively with your co-parent, but asking for changes, exceptions, and favors often causes more conflict than it solves. Co-parents often keep a tally or lists of how many favors are done and how many favors are owed. They never align with one another.
• When making parenting decisions, keep the best interest of your child in mind. Look at each and every parenting decision and ask: does this help or does this hinder my child and their learning or development? Although decision-making is complicated and subject to a number of unique facts that constantly change, you should always look at outcomes from your child’s perspective. If the outcome benefits the child (and not you) it’s likely the correct path to take. If the outcome benefits the parent (and not the child) it’s likely the wrong path to take.

• Seek immediate medical attention if you have been seriously injured as failing to seek medical attention after an accident can sometimes reduce the amount of damages you are able to recover.  Typically, you must take steps to ensure that the injury does not cause any further injuries or economic loss.
• Make a written account of the injury, especially while the events and facts are still fresh in your recollection.  Filing a police report (where appropriate) can help ensure that you have records of important information such as the names and contact information of other parties that were involved.  Record all costs and expenses related to the injury. Include hospital bills, medical diagnosis statements, bills related to property damage, and insurance records.  Record lost wages if the injury (or treatment, including rehabilitation) has caused you to miss work. 
• Exercise discretion when speaking with other parties after an accident. Avoid making statements that might make the situation more complicated, and avoid creating conflicts in relation to the event. You are under no duty to state whose fault the injury was or to offer additional information.

• Virginia is a caveat emptor (buyer beware) jurisdiction and sellers of real estate are not necessarily required to fully disclose all property defects when you buy the property. Although the seller cannot deliberately conceal any defects, refuse or fail to disclose known latent (hidden) defects, or divert the purchaser away from defects–the buyer must exercise the required due diligence before purchasing the property. Commonly omitted disclosures include easements, renovating without a permit, environmental problems, and title problems.
• To be sued for misrepresentation, the statement has to involve a material fact–a fact that a reasonable purchaser would rely on in making a purchase–not just an opinion. Misrepresentations come in three types: innocent, negligent, and fraudulent. Negligent misrepresentations include failure to disclose significant property flaws out of ignorance; fraudulent misrepresentation is purposefully hiding a property flaw or feature to make the sale.
• If you can’t afford your apartment and are unsure if you will be able to pay your rent when it is due–typically because you’ve lost your income, a roommate has moved out, or you’ve encountered an unexpected event like an expensive car repair or medical bill–don’t overstay the lease. Vacate the property as soon as you can and leave the property in an acceptable condition. Find alternate housing–be it with a family member or a friend. Look for a less expensive unit in an area nearby. Store your possessions if need be. If you overstay the lease and leave the property in poor condition, you will likely be liable for all of the rent owed and damage done. You could even have your wages garnished to satisfy the judgment.