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Representing a Business in Virginia Courts

Virginia Code requires that a business retain an attorney to litigate a matter, whether it is criminal or civil, in a Virginia General District Court or Virginia Circuit Court. Virginia Code § 16.1-88.03 provides: Nothing in this section shall allow a nonlawyer to file a bill of particulars or grounds of defense or to argue motions, issue a subpoena, rule to show cause, or capias; file or interrogate at debtor interrogatories; or to file, issue or argue any other paper, pleading or proceeding not set forth in subsection A. While the statute provides forRead More …


Fourth Amendment: The Community Caretaker Exception

The Fourth Amendment to the U.S. Constitution prohibits law enforcement from conducting unreasonable searches and seizures. Warrantless searches are per seunreasonable under the Fourth Amendment, subject only to a few exceptions.  Mincey v. Arizona, 437 U.S. 385, 390 (1978). Exceptions to the warrant requirement include, among others, the plain view doctrine, searches incident to arrest, exigent circumstances, and consent. Another exception, discussed here, is the Community Caretaker Exception. Articulated by the United States Supreme Court in Cady v. Dombrowski, the community caretaker function is an exception to the warrant requirementRead More …


Pitfalls to Avoid when Advertising for your Virginia Business

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, prohibits a business from advertising through unsolicited text messages.  While the no-call list and other protections regarding telemarketers are more generally understood, technology and cost have made lesser understood mass-text-based options more accessible to businesses.  With this rise in use, plaintiffs’ attorneys have started to crack down on abuses, which can be costly to a company. For example, a Class Action suit is pending in Southern Florida over the unsolicited use of mass-text advertising by a realty company.  Other similar suits areRead More …