Thank you for visiting this website, I hope that you find it informative. I am licensed to practice law in the Commonwealth of Virginia (1987), the State of Maryland (1989), and the District of Columbia (1989). [If you are viewing this website from a different state or country, bear in mind that I have no idea about the laws you live under; therefore this website does not apply to you, unless you have legal issues that are subject to the jurisdiction of Virginia, Maryland or the District of Columbia.]
I have both a law degree (Washington and Lee University) and a masters of law in taxation (College of William and Mary) .
My practice has seven components: (1) My divorce practice (divorce, child support, visitation); (2) My wills and trusts practice; (3) My business entity practice; (4) My personal injury practice practice (e.g., automobile collisions); (5) My commerical litigation practice; (6) My defense work on serious traffic infractions (e.g., DWI, reckless driving, and driving on a suspended license.); and (7) My Landlord and Tenant practice.
These different areas of my practice have grown to meet the demands of my clients. Although these areas seem different, they often strengthen each other: (For example, my knowledge of business issues make me a better divorce attorney.)
I give a brief discussion of these areas, below. Each case, however, is fact specific. Please telephone me at (703) 243-9223, or e-mail me at elflaw@verizon.net to discuss your problems further. There is no charge for an initial consultation.
1. DIVORCE, CHILD CUSTODY, VISITATION AND SUPPORT.
I represent clients in divorce, child custody, visitation and support matters. The range of cases in a divorce practice is tremendous. An uncontested divorce can be a relatively simple and fast paced matter. A complex contested divorce can touch upon a vast range of property issues and requiring aggressive, but well planned, action.
Child support, custody and visitation matters can be some of the most emotionally charged issues in the practice of law. Remember, the pivotal issue in all of these cases is "What is in the best interests of the child."
An unfortunately large number of domesitc relations cases end up involving violence. It is important in these types of cases that you recognize that both you and your spouse/former spouse/ other parent of your children/ are under a great deal of stress. Quite possibly more stress than either of you has previously encountered. Do not let yourself or your children become victims of this type of violence. Do not let yourself become a perpetrator of this kind of violence; remember even pushing is violence. Remember also that parents should never have hostile verbal arguments in front of the children, especially young children.
If you are in an unhappy marriage, it is wise to consult a lawyer before separating. Your lawyer can advise you to insure that your actions are clearly that of separating and not misconstrued as deserting.
As with all litigation, mediation and settlement should always be at least considered, and often preferred. Once you are informed of your rights, and your possible legal strategies, you will be better equipped to confront these very serious issues.
2. WILLS AND TRUSTS
Estate planning directs how your property will be managed and distributed when you die. It also provides safeguards in case you are incapacitated (e.g., in a coma.) A frequently asked question is the difference between a will and a trust: a will simply distributes assets upon death; a trust (which can either arise out of a will, or be created while you are alive) is like software which provides specific instructions of how your trustee is to apply to your assets into the future (sometime decades). Other important instruments concerning incapacity are powers of attorney and advance medical directives.
Although each will and trust must be carefully tailored to the individual client, there are a few factual scenarios which often arise:
A. A family with children. Anyone with children under the age of eighteen should have at least a will. If both husband and wife were killed, a will informs the court who they want to have as the guardian of their children under age eighteen. Further, parents should consider that, without a will, their children would likely get all of their inheritance outright at age eighteen. While a bonanza to local porsche dealers, this may not be in the best interests of your children. I usually advise my clients to create a trust for their children which will direct the trustee to provide for their reasonable maintenance, education, and health care, and then make distributions of the principal at set intervals (e.g., at ages 25, 30 and 35.)
B. Senior Couples. Estate planning issues concerning seniors often include concerns about incapacity. Also, seniors in second marriages often need to be certain that they provide for their spouses while also assuring that their own descendants are not forgotten.
C. Emergency Estate Planning. I sometimes have people call me after they have received bad news from a doctor. I have visited estate planning clients in hospitals and nursing homes. These are matters that often must be handled IMMEDIATELY; and that is what I do. Similarly, I sometimes have clients who are suddenly going overseas and need to get their estate plans organized quickly; again, I am happy to accomodate this type of problem.
3. BUSINESS ENTITIES
Representing business clients is always interesting. I have had the opportunity to learn about a variety of different businesses: doctors, dentists, engineering, restaurants, high tech (and low tech.) and various retail businesses. If the business is a start up, I advise and draft concerning the choice of entity (corporation, versus an "S" corporation versus a limited liability company versus a partnership.) As businesses grow they need to consider other issues (e.g., a stockholder agreement to dictate what happens if one of the stockholders dies.)
Another frequent issue is the purchase and sale of businesses. Careful drafting is pivotal. Issues such as warranties, lease assignments, security agreements, and covenants not to compete must all be carefully considered. There is no such thing as "boiler plate" language.
4. PERSONAL INJURY
I represent clients who have suffered personal injuries because of someone's negligence, most often as a result of an automobile collision. There are several important things you can do immediately if you have been injured in an automobile accident:
A. DO NOT SIGN ANYTHING FROM AN INSURANCE COMPANY IN A PERSONAL INJURY CASE UNTIL YOU HAVE CONSULTED WITH AN ATTORNEY. You can decide to accept the insurance company's offer after speaking with a lawyer; but once you sign an agreement with the insurance company you may be stuck.
B. Write down the names and telephone numbers of the witnesses.
C. Take photos of yourself (if you were visibly injured) and your vehicle (if it was visibly damaged) immediately following the collision.
D. Keep a file with all relevant documents together in one place. Relevant documents include the police report; medical records; and automobile repair bills related to the collision.
E. Consult with an attorney immediately. You need to be careful both of the statute of limitations and of the dangers of losing evidence with the passage of time.
As with all litigation, mediation and settlement should always be at least considered, and often preferred.
5. COMMERCIAL LITIGATION
Commercial litigation is litigation concerning businesses. Usually it is a contract dispute. (Sometimes it is a simple collection matter.) If a business relationship is disintergrating, the litigation can be as unpleasant as a contested divorce.
My commercial litigation skills are strengthened by the fact that I also draft commercial documents. As an older attorney once said to me, "The more you litigate the better you draft; the more you draft the better you litigate." For example, since I draft "covenants not to compete" I know how to attack someone else's document, and I know how to defend someone else's document. Similarly, when I draft "covenants not to compete," I keep in mind how I would attack it if I were an opposing attorney in litigation.
As with all litigation, mediation and settlement should always be at least considered, and often preferred.
6. SERIOUS TRAFFIC INFRACTIONS
I also represent clients accused of serious traffic infractions, including: DWI; driving on a suspended license; and reckless driving. This is the one area of my practice which I, at least for now, am limiting to the Commonwealth of Virginia (i.e., not Maryland or D.C.)
Some people are taken aback by attorneys who defend individuals accused of serious traffic infractions. There is no question that intoxicated drivers cause horrible tragedies every year in this country. Even so, the rights of the accused in this country must be protected. A vigorous defense forces the police and prosecution to always make their best efforts; this in turn discourages the government from bringing weak cases and encourages the government to put sufficient time into cases against people who pose a threat to others.
The great sin among clients in serious traffic infraction cases is procrastination. Surprisingly, I have had a number of people contact me for the first time the day before they are set for trial, even though they were facing possible jail time!
Another great sin among clients in serious traffic infraction cases is keeping secrets from their own lawyer. The prosecutor is going to know everything; so you only hurt yourself if your lawyer ends up being surprised by the prosecutor.
There are three different institutions that may take action against you because of your traffic infraction:
(A) The Commonwealth of Virginia may do any or all of the following: jail you, fine you, suspend your license to drive; and order you to take relevant classes.
(B) The Department of Motor Vehicles can suspend your license administratively for points and/or require you to take courses.
(C) Your insurance company can raise your premiums, terminate your policy, and/or require you to take courses.
As with all legal cases, a DWI defense must be analysed based on the specific facts of the case. There are, however, certain issues which are always important: (a) What is the blood alcohol count (BAC)? Certain BAC counts carry mandatory jail time if there is a conviction. (b) Are there prior offenses? Jail timeis substantially adversely affected by prior convictions. (c) Why did the police stop you? If you were stopped because you were driving badly or, much worse, because you were in an accident, then that may substantially adversely affect amount of jail time. (d) How did you act towards the police officer? Always be polite to the police.
Also bear in mind that it is entirely possible to go to jail for a traffic infraction even if it does not involve drinking. In Northern Virginia particularly, reckless speed and driving on a suspended license can each result in a jail sentence.
7. LANDLORD AND TENANT
I have represented commerical landlords, commercial tenants, residential landlords and residential tenants. I have also spoken at continuing legal education seminars in Virginia on landlord and tenant issues.
My experiences have taught me that a landlord's headaches have two basic, but large, sources: (a) selecting a bad tenant; and (b) using a bad lease. I have had many landlord clients tell me that they have a "standard lease." There is no such thing.
A landlord should have an attorney review the lease. A landlord should also ask an attorney what types of questions are permissible when interviewing a tenant. (You don't want to get sued for asking improper questions.)
A tenant may, conversely, find also find himself with a bad lease and/or a bad landlord. Again, the contents of that lease is crucial. The lease, as the contract between the landlord and the tenant, is the law of the case.
It is very important for both tenants and landlords in evictions (particularly residential evictions) to be mindful of the very heated emotions that can arise in these cases. The tenant is, obviously, facing eviction. The landlord may, himself, being under tremendous financial pressure if his rent is not being paid. You do not want to be a victim of violence. You do not want to be a perpetrator of violence. Do not turn your landlord tenant dispute into a hospital stay. Do not turn your landlord tenant dispute into your first felony conviction.
