Attorney-Client Privilege:  What are the real implications in civil litigation? | Ryan C. Young | Richmond, Virginia Attorney

Attorney-Client Privilege:  What are the real implications in civil litigation? | Ryan C. Young | Richmond, Virginia Attorney
Attorney-Client Privilege:  What are the real implications in civil litigation?   Most people have at least heard of the Attorney-Client Privilege.  It is often used as an element of conflict in crime dramas and novels; though often exaggerated in the theater, the Attorney-Client Privilege is very real and binding. Questions arise when the parties, meaning the attorney and the client,... Read More

Non-Compete Agreements in Virginia Employment | Ryan C. Young | Richmond, Virginia Attorney

Non-Compete Agreements in Virginia Employment | Ryan C. Young | Richmond, Virginia Attorney
Non-Compete Agreements in Virginia Employment The use of non-compete agreements has been a growing trend in Virginia and across the country in recent years. More and more Virginia employers are requiring their employees sign a non-compete agreement. This is true even when the employee isn’t highly skilled or in upper management. At the same time, there is a growing concern... Read More

Alternative Dispute Resolution in Virginia | Ryan C. Young | Richmond, Virginia Attorney

Alternative Dispute Resolution in Virginia | Ryan C. Young | Richmond, Virginia Attorney
Resolving Civil Litigation Through Alternative Dispute Resolution There are three types of resolution that can be utilized to avoid litigation in a courtroom:  mediation, arbitration, or settlement conference. There are benefits to each alternative, but the overriding benefit is that both parties avoid the formality, time and expense of a court proceeding.  Alternative dispute resolution can be an opportunity to... Read More

Basics of a Partition Suit for Real Estate in Virginia | Ryan C. Young | Estate Litigation Attorney, Richmond, Virginia

Basics of a Partition Suit for Real Estate in Virginia | Ryan C. Young | Estate Litigation Attorney, Richmond, Virginia
Who may file a partition suit for real estate in Virginia? Va. Code § 8.01-81 lists the following people who are able to file a partition action in Virginia: tenants in common, joint tenants, executors with the power to sell, and coparceners of real property. Essentially, anyone with a vested ownership interest in real estate may file suit to compel... Read More

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney

Direct vs. Consequential Damages in Virginia Breach of Contract Litigation | Ryan C. Young | Richmond, Virginia Attorney
Two Broad Categories of Damages in a Virginia Breach of Contract Lawsuit There are two broad categories of damages ex contractu: direct, or general, damages and consequential, or special, damages. Direct damages are those which arise “naturally” or “ordinarily” from a breach of contract; they are damages which, in the ordinary course of human experience, can be expected to result from a breach. Consequential damages are those which arise from the intervention of “special... Read More

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney

Motion to Compel Discovery in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney
What is a motion? A motion is simply a request filed with the court asking a judge to issue a ruling or order. When one party files a motion, notice is also given to the attorney for the opposing party. Virginia’s motions practice procedure is explained in Va. Sup. Ct. R. 4:15. Motion to Compel Discovery In relation to discovery,... Read More

Virginia Contract Litigation: Forum Selection Clause | Ryan C. Young | Richmond Litigation Attorney

Virginia Contract Litigation: Forum Selection Clause | Ryan C. Young | Richmond Litigation Attorney
What is a forum selection clause? A forum selection clause is used in a contract to designate the location, process, and/or court that will resolve any legal disputes that may arise between the parties named in the agreement.  These clauses range from very specific to extremely broad and all encompassing. A specific clause would indicate the type of court (state/federal)... Read More

What is Fiduciary Litigation? | Ryan C. Young | Richmond, Virginia Attorney

What is Fiduciary Litigation? | Ryan C. Young | Richmond, Virginia Attorney
What is a Fiduciary? A fiduciary is a person who has been entrusted with great confidence to manage and maintain the financial affairs of another party or parties. A fiduciary could be appointed through a Power of Attorney or a Will as a personal representative.  However, attorneys, financial institutions, corporate officers, and other such entities who are trusted to protect... Read More

Who pays attorney’s legal fees in a Virginia real estate partition suit? | Ryan C. Young | Richmond, Virginia Attorney

Who pays attorney’s legal fees in a Virginia real estate partition suit? | Ryan C. Young | Richmond, Virginia Attorney
In the USA, the general rule is that parties generally pay their own attorney’s fees in litigation. Of course, there are exceptions to this “American Rule”. One exception is where a statute allows a recovery of attorney’s fees. There is such a statute in Virginia in relation to partition suits. Virginia has a statute regarding payment of attorney’s fees in... Read More

Declaratory Judgments in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney

Declaratory Judgments in Virginia | Ryan C. Young | Richmond, Virginia Litigation Attorney
What is a declaratory judgment? A declaratory judgment is a binding decision by a court defining the relationship between two litigants. What is the purpose of a declaratory judgment? In Virginia, declaratory judgments are meant to afford relief from uncertainty and insecurity between two parties. See Virginia Code § 8.01-191. Circuit Courts have the authority to issue declaratory judgments in... Read More