Statutory Lien for Attorney's Fees. Lawyers should be reminded that some important procedural changes were enacted this year amending Virginia's statute on attorney liens for fees, Virginia Code Section 54.1-3932. Written notice of an attorney's lien must now also be given to the clerk of the court in which a cause of action may be pending, as well as to the client or former client, the opposing party, or the opposing party's attorney or agent. Written notice of the lien shall be given either within 45 days of the end of representation or (a) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment, whichever is earlier or (b) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. In causes of action for annulment or divorce, the court may not determine the validity or amount of the lien until the divorce judgment is final and all residual disputes regarding marital property are concluded. Note also that the lien statute only applies to claims or causes of action sounding in tort, contract or annulment and divorce. Thus, the statute does not include transactional matters.
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The Divorce, Dissolution and Separation Act 2020 is a piece of legislation in the United Kingdom that brings significant changes to the process of obtaining a divorce or dissolution of a civil partnership. The Act received Royal Assent on 25 June 2020 and is expected to come into effect in the autumn of 2021. Here are some key points about the Act: https://lnkd.in/eGkFGvZh #uollb #llb #law Follow UOLLB First Class Law Notes for more study tips.
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Pre and Post Nuptial Agreements I often introduce Bell Lax Solicitors as firm which specialises in any kind of civil or commercial dispute which could end up in court. However, one area of work which we specialise in, but is hopefully not the result of a dispute, is the preparation of and advice upon pre and post nuptial agreements. While such agreements are not very romantic, they can ensure that assets, such as a business or inheritance, are secured for the future. Prenuptial agreements (pre-marriage) and postnuptial agreements (after marriage) give you this peace of mind. They can cover all or just certain parts of your assets. The benefits of such an agreement include: To avoid arguments over finances if divorce happens To protect inherited money or assets that you want to stay within your family To preserve assets for any children from a previous relationship To ensure you retain control of a business To reduce legal costs if you do get divorced Pre and post nuptial agreements clearly set out which assets belong to you, and which belong to your partner. The courts are increasingly placing far more reliance on pre-nuptial agreements in divorce cases, if certain conditions are met. Both parties need to take independent legal advice on the contents of the agreement, preferably at least 28 days before the wedding. The court will also need to be satisfied that the agreement been entered into freely, that both sides fully understand the financial implications and it is it fair to hold the parties to the agreement. Bell Lax can draft or advise upon pre and post nuptial agreements and if you would like to discuss whether one would be suitable for you, please call Arzu Lone on 0121 355 0011.
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4moNotarized affidavit under penalty of perjury attested by the attorney’s signature is required to be submitted on the record with the detailed attorney fees, Mr. McCauley, in order for any court to even consider attorney’s fees for any matter.