Tag Archives: Attorney

Reptile Theory and Estate Litigation

How can estate litigators use the reptile theory to their advantage? Given the unique nature of estate disputes, do estate litigators enjoy a subject-matter advantage when it comes to the reptile theory? First, a brief summary of what the reptile theory is: in 2009, authors David Ball and Don Keenan published a book titled, Reptile: The 2009 Manual of the Plaintiff’s Revolution, which has since become rather influential and much-debated. One attorney aptly summarized the reptile theory as follows: The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors’ brains, the …

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New Law Enables Possible Recovery Of Attorney’s Fees On Grounds Of Undue Influence

Last year, the Virginia General Assembly adopted a new law that went into effect on July 1, 2014.  Virginia Code Section 8.01-221.2. provides as follows: “In any civil action to rescind a deed, contract, or other instrument, the court may award to the plaintiff reasonable attorney fees and costs associated with bringing such action where the court finds, by clear and convincing evidence, that the deed, contract, or other instrument was obtained by fraud or undue influence on the part of the defendant.” In other words, the court has the option (note the use of the word “may”, as opposed …

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Posted in New Laws, Undue Influence \ Comments Off on New Law Enables Possible Recovery Of Attorney’s Fees On Grounds Of Undue Influence