7.4 Resources in Specific Areas of Practice

• Library: A Guide to Legal Research in Virginia (Virginia CLE) (2017 Ed.)

7.4 RESOURCES IN SPECIFIC AREAS OF PRACTICE

7.401 Attorney Fees.

A. Treatises. Attorneys interested in the law of attorney fees can profit by reviewing Attorney Fees and Sanctions—Virginia and Federal Courts by attorneys Bernard J. DiMuro, Michael Barnsback, and Michael Lieberman (Bernard J. DiMuro ed., Virginia CLE 2d ed. 2016). Topics discussed include bases for recovering attorney fees; methodologies for determining fees; sanctionable versus nonsanctionable conduct; and types of sanctions. The authors provide numerous practice tips as well as sample pleadings.

B. Form Books. Authored by Virginia practitioners, Fee Agreements for Virginia Lawyers (Jeanne P. Dahnk ed., Virginia CLE 2009) is essentially a form book with commentary. After short introductions on types of fees and fee agreements, this book contains sample engagement and representation agreements.

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7.402 Appellate Practice.

A. Treatises. A survival guide for attorneys new to appellate practice and a resource for more experienced practitioners, Appellate Practice—Virginia and Federal Courts (L. Steven Emmert and Frank K. Friedman eds., Virginia CLE 6th ed. 2016) provides expert coverage of appellate practice before the Virginia Court of Appeals, the Virginia Supreme Court, and United States Courts of Appeals. The book includes chapters on effective brief writing and oral argument, and applications for extraordinary writs.

B. Manuals. The Revised Handbook on Appellate Advocacy in the Supreme Court of Virginia and the Court of Appeals of Virginia (Virginia State Bar 2011) provides insight into the appellate process. This slim guide emphasizes the importance of considering a possible appeal during trial and discusses how to preserve the record for appeal. This work also provides tips on how to present polished oral and written arguments.

7.403 Bankruptcy. Bankruptcy is governed by federal law and has several well-regarded national treatises devoted to it. Bankruptcy Practice in Virginia (Hon. Kevin R. Huennekens and H. David Cox eds., Virginia CLE 4th ed. 2017) focuses on bankruptcy law as it is practiced by attorneys before bankruptcy courts in Virginia. The chapters on commencing a case, case administration, property of the bankruptcy estate, powers of the bankruptcy trustee, and debtor exemptions are authored or co-authored by judges on the United States Bankruptcy Court for the Eastern and Western Districts of Virginia. Other chapters on liquidations, wage earner plans, and reorganizations are written by Virginia practitioners.

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7.404 Civil Procedure. ²

A. Treatises. Several treatises on Virginia civil procedure are published, including Kent Sinclair's and Leigh B. Middleditch's Virginia Civil Procedure (LexisNexis 6th ed. 2014, updated annually). In this comprehensive analysis of Virginia civil procedure, Sinclair and Middleditch provide copious references and notes to Virginia statutes, rules, and case law. This new edition expands upon its analysis of title 8.01 of the Virginia Code and parts one, three, and five of the Rules of the Supreme Court of Virginia. The book is well indexed and includes tables of cases and statutes. It is available on Lexis.

Bryson on Virginia Civil Procedure by W. Hamilton Bryson (LexisNexis 4th ed. 2005, updated annually) and Friend's Virginia Pleading and Practice by Charles E. Friend with Kent Sinclair (LexisNexis 2d ed. 2007, updated annually) are both well-regarded treatises that discuss all aspects of practice and procedure of civil litigation in Virginia courts. Bryson emphasizes the relevant legal history to give context to the current state of the law. The text refers to pertinent statutes, court rules, and sample reports of appellate cases. Bryson does not include the law of evidence, probate procedure, administrative practice, and federal practice.

Unlike Bryson, Friend's Virginia Pleading and Practice contains an expanded discussion of damages and pleading and practice in specific actions involving contracts, torts, property, domestic actions, and products liability. Friend's also appears to be more actively updated than Bryson. The pocket part for Bryson provides very little new or changed text to the treatise. In contrast, the pocket parts for Friend's Pleading and Practice and Virginia Civil Procedure include more extensive revisions of the text, instead of only adding new cases to the footnotes without explanation or discussion.

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Encyclopedic and concise, Sinclair on Virginia Remedies by Kent Sinclair (LexisNexis 5th ed. 2016, updated annually) covers all key Virginia causes of action and specialized forms of remedies. Newly updated and reorganized, the treatise addresses remedies in the context of tort, contract, real property, and consumer protection claims. Equitable claims and defenses are covered. Bryson, Friend, and Sinclair on Virginia Remedies are available on Lexis.

Virginia underwent a significant reform to its civil procedure in 2006, essentially abolishing separate forms of pleading for equity and law claims. That reform is discussed at varying lengths in the treatises described above. Practitioners interested in a more intensive discussion of the reform should consult the Guide to Virginia Law & Equity Reform and Other Landmark Changes (LexisNexis 2006) by Kent Sinclair, a co-author of Virginia Civil Procedure.

B. Manuals. Virginia court rules are published in two versions, only one of which is annotated, the succinctly named Virginia Rules Annotated (LexisNexis, published annually). It contains all the rules of practice and procedure followed by state appellate courts and commissions in Virginia. The annotations to each rule contain references to relevant cases, sections of Michie's Jurisprudence, and law review articles. This fully indexed reference also includes the rules of the federal courts in Virginia and the United States Supreme Court. Virginia Rules Annotated is available on Lexis.

The Virginia Court Rules and Procedure—State and Federal (Thomson Reuters 2017, published annually) is available for those who would rather view the unannotated rules. It includes some local court rules that Virginia Rules Annotated omits, such as the rules of some circuit courts. It is available on Westlaw.

Written to aid circuit court judges and the attorneys practicing before them, the Virginia Civil Benchbook for Judges

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and Lawyers (LexisNexis, published annually) covers pretrial proceedings, pleadings and motions, trials, and much more. Arranged topically, this work enables judges and attorneys to quickly locate a brief description of a topic in outline format. In the margins next to the outline entries are supporting references to statutes, court rules, and cases. An appendix contains forty-five documents including sample forms, instructions, and checklists. The Virginia Civil Benchbook is well indexed and includes tables of statutes and cases. It is available on Lexis.

Focusing on local court information, seminar materials from the Best Practices in Circuit Court series (Virginia CLE) contain the handouts from presentations by circuit court judges and practitioners on how to navigate litigating before specific Virginia circuit courts. Each title covers a different area of the commonwealth, for example, Best Practices in Circuit Court: An Interactive Judges' Forum for Tidewater-Area Litigators (2015). Other titles cover the areas of Richmond (2012) and Danville (2013).

The content of each volume differs as each is the product of different presentations by local judges and practitioners. The Tidewater area volume contains a wealth of local forms and instructions arranged by jurisdiction. The material is not indexed, so browsing is required to find relevant documents.

Although damages are discussed in a few of the titles already mentioned, The Law of Damages in Virginia (Guilford D. Ware and W. Ryan Snow eds., Virginia CLE 2d ed. 2008) provides an in-depth discussion of the topic in the context of torts, contracts, intellectual property, and several other types of actions. The book also covers the statutes and rules governing damages. Published several years ago, an update would be welcome.

7.405 Construction Law.

A. Treatises. The Virginia Construction Law Deskbook (Richard F. Smith ed., Virginia CLE 3d ed. 2016) contains a thorough treatment of Virginia construction law, including such topics as licensing, building codes and zoning, bidding on federal

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contracts, state and local government contracting, construction contracts, and mechanics' liens. An index is provided, as are several forms in the chapter appendices.

Another worthwhile source is Virginia Practice: Construction Law by Michael A. Branca and Mark R. Berry (Thomson Reuters 2016-2017 ed.). It is a comprehensive treatise on Virginia construction law. Written for experienced construction lawyers, practitioners who occasionally handle construction matters, and construction professionals, this work focuses on Virginia law; federal law and the law of other states are not included. Subjects covered include the Virginia Uniform Statewide Building Code, public and private construction contracts, mechanics' liens, construction bonds, and dispute resolution. The volume contains an index and an appendix with statutory material. It is available on Westlaw.

B. Manuals. A researcher only interested in mechanics' liens may find useful the seminar materials from Everything You Need to Know About Mechanic's Liens (Virginia CLE 2007). Written by practitioners Gerald I. Katz, Ronald D. Wiley Jr., and James L. Windsor, this relatively pithy guide covers the law governing mechanics' liens in Virginia. The volume includes a few forms and is not indexed.

7.406 Contracts. Contract Law in Virginia. (John V. Little ed. Virginia CLE 4th ed. 2016) is a reference source for the law of contracts in Virginia. Volume 1 covers all aspects of contract law from contract formation to issues of performance and...