–By John Merrick — We value opportunities to build character in order to become better lawyers and people. Character is built through overcoming adversity and failure. Plenty of both can be found in criminal defense. Finding a “win” can be difficult or seemingly impossible in most cases. Criminal cases are often riddled with difficult clients, extremely bad facts, overwhelming evidence to convict, unreliable witnesses, addiction and other mental health challenges, mandatory minimum sentences, etc. These things are outside of an attorney’s control, but must be navigated. By contrast, a civil case is relatively less stressful, because the fight is over...

–By John Merrick — In a nutshell, it begins when a person falsely accuses another of a crime to get something in return. The person who is falsely accused must be charged and “beat” the charge (no plea agreement). When these elements are satisfied, the rest of the elements tend to fall into place. The strongest claims typically involve a sympathetic and vulnerable plaintiff, against a powerful and aggressive defendant. Here are a few real examples: (1) a general contractor falsely reports that a subcontractor stole something that he was supposed to deliver to a job site; (2) a rent-to-own...

–By John Merrick — John Merrick was selected to the list of 2023 Super Lawyers as a top-rated personal injury attorney.  This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. John has been selected as a Virginia Super Lawyer for four consecutive years and, before that, he was selected as a Rising Star for six consecutive years. There are a lot of “lawyer lists” out there, and we believe Super Lawyers gets it right....

–By John Merrick — John is proud to serve as the vice-president of the local chapter of the American Inns of Court. The mission of the Inns of Court is to inspire the legal community to advance the rule of law by achieving the highest level of professionalism through example, education and mentoring. Last week Judge Jayne Pemberton presented the Ester Windmueller Award to Judge Beverly Snukals at our Lewis F. Powell, III, Inn of Court meeting in recognition of her exemplary professionalism, inspired leadership, and dedicated mentoring of future leaders.  Both judges go out of their way to help...

–By John Merrick — John is currently the Vice-President of the Lewis F. Powell, Jr. Inn of Court. The Inn is named after an influential Supreme Court Justice from Virginia. The Inn is comprised of mostly lawyers and judges and is dedicated to promoting civility and professionalism. The Lewis F. Powell, Jr. Inn is a member of the larger (national) American Inns of Court. The Inn provided John with a golden opportunity to celebrate last weekend at the United States Supreme Court for the American Inns of Court Celebration of Excellence. It was an inspiring night in an amazing place....

–By John Merrick — Work-life balance is critical. Most of us can use a little more life and less work. To do so, it is important to stop, live in the present and appreciate the little things, aka “smell the roses.” It is easier said than done, especially in a world of multitasking, deadlines, adversaries and the (almost) ever present cell phone. Work-life balance starts by unplugging. Emails, text messages, phone calls, voicemails and reminders detract from appreciating the little things and living in the present. Cell phones are a boon for work, but they are kryptonite for life. In...

–By John Merrick — “Don’t lose sight of the forest for the trees.” I confess that years ago I wasn’t sure what this advice really meant. In a nutshell, it means don’t miss the big picture by focusing solely on the details. This applies broadly to every profession and daily life but is particularly important for a trial attorney. Despite its simplicity, this old adage is easy to forget, because we tend to get wrapped up in details. I do anyway. I recently resolved a heavy case. My client faced four life sentences and trial was fast approaching. There were...

The Virginia Supreme Court recently modified and extended its previous Order declaring judicial emergency. The Order explicitly provides that this is the controlling Order and is in effect until June 7th. If you practice in Virginia or have a case pending, it is worth a close look. A couple takeaways: No jury trials may be held during this period. Some circuit courts have interpreted this to apply to ALL jury trials (even those scheduled after June 7th). Statutes of limitation will continue to toll during this period. Discovery deadlines will not be extended after May 18th. Arguably, a hearing by...

In response to COVID, Gov. Northam recently issued an order shutting down “non-essential” businesses, which included shooting ranges. Did the Governor have authority to do this? A Lynchburg Circuit Court judge answered that question with a big “No,” allowing an indoor shooting range in Lynchburg to open back up for business. The judge’s ruling enjoins the Governor from enforcing Executive Order 53 against the range. According to the letter opinion, “[t]he Governor appears to argue that, when he declares a state of emergency, he can ignore any law that limits his power, even laws designed to limit his power during...

Today the Virginia Supreme Court entered the Third Order Extending Declaration of Judicial Emergency until May 17. Let’s hope the third time is a charm. This Order contains a bit more clarity on the tolling provisions regarding the statutes of limitation and appeals from Circuit Court. Of note, the Court provides an example: “if a two-year statute of limitations would expire on a plaintiff’s personal injury claim on April 16, 2020, the Period of Judicial Emergency (currently March 16 through May 17, 2020) would not be counted for purposes of the statute of limitations. Due to the tolling of the...