Thomas David W

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Criminal Law Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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(434) 951-7224Call Visit WebsiteVisit Website Map & DirectionsDirections500 Court SqCharlottesville, VA 22902 Write a ReviewWrite Review

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Phone: (434) 951-7200

TollFree: (800) 451-1288

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David W Thomas

David W Thomas Attorney

Michie Hamlett Lowry Rasmussen

Michie Hamlett Lowry Rasmussen & Tweel PLLC

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http://www.mhlrt.com

http://www.michiehamlett.com

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Criminal Law Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Attorneys, Automobile Accident Attorneys, Business Law Attorneys, Corporation & Partnership Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Family Law Attorneys, General Practice Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Sexual Harassment Attorneys, Traffic Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (434) 951-7224

Address: 500 Court Sq, Charlottesville, VA 22902

Website: http://www.mhlrt.com

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Thomas David W

Divorce
Child Custody and Visitation
Our comprehensive family law practice goes beyond the traditional matters of divorce, child custody and visitation and extends to cutting-edge areas of the law surrounding assisted reproductive technology and LGBTQIA issues. Whether you are working collaboratively toward a shared, common goal or find yourself in the midst of a heated dispute, our family law attorneys protect your rights and interests while working toward a resolution that meets the needs of you and your family now and into the future. Family law decisions have lasting impacts that ripple throughout the family. Let us help you get your matter accomplished right the first time so you can move forward confidently as you start a new chapter in your life.
Adoption
Premarital Agreement
Amy focuses on various areas of domestic relations law including divorce, prenuptial agreements, and child custody. Amy received her J.D. from the California Western School of Law, where she was a writer and editor of the California Western Law Journal. Amy is admitted to practice law in Virginia. She is on the committee that organizes the Dogwood Duathlon and a team manager as well as a fundraiser for the Soccer Organization of Charlottesville Albemarle. Amy is also the co-author of “Disputing the Enforceability of Mandatory Arbitration Clauses Under the Federal Arbitration Act” in the Journal of the Virginia Trial Lawyers Association. Amy lives in Crozet, VA with her family.
Guardianship
Make no mistake. Decisions such as these will be made on your behalf whether you want them to be or not. The benefit of creating powers of attorney and advance directives is that you decide in advance who should have this authority to act for you. You choose someone you know and trust, and you have the opportunity to discuss your desires with them so they will act in accordance with your wishes. With these documents in place, you can avoid a guardianship or conservatorship imposed on you by the court without any input or say-so from you.
Spousal Support
Jason is a seasoned litigator and top-rated family law attorney with extensive experience in divorce, spousal support, child custody, complex equitable distribution, post-divorce enforcement, and modifications. He is known for his technical expertise and is often consulted for appellate work.

Criminal Defense
Few things in life are as scary or unsettling as having the police show up at your home or office with a warrant for your arrest. You are immediately pulled out of the world you know and thrown into an alien environment where it seems like everyone but you is in control and knows what is going on. The single most important thing you can do in this situation is exercise your right to call a Virginia criminal defense attorney. With an experienced criminal defense attorney by your side, you’ll know what is going on and what to expect at every step of the process. Even more importantly, you’ll have someone with you who knows the law and process as well as anybody on the other side – someone who can zealously guard your rights, make sure you are treated fairly, and work to get you the best outcome possible.
DUI/DWI
Semi-truck tractor-trailers, 18-wheelers and other large trucks were involved in 2,484 accidents in Virginia in 2019, according to the DMV’s Virginia Traffic Crash Facts report. When all commercial motor vehicles (CMVs) are considered, the numbers rise to 4,922 crashes, 97 involving fatality and 2,035 causing injury. These accidents occurred on interstates and non-interstate roads, involving single vehicle and multi-vehicle crashes. Leading accident causes included drunk driving, distracted driving, cell phone use, texting while driving, following too closely, failure to yield, improper lane change, and improper turn. In other words, negligent driving lies behind just about every truck accident.
Wrongful Death
Though the true victim in a fatal accident is the one who was killed, compensation in a wrongful death case is intended to alleviate the losses of surviving family members.
Traffic Violations
According to the Virginia department of Motor Vehicles Highway Safety Office, 128,172 crashes occurred on Virginia roads in 2019, causing 65,708 injuries and 827 deaths. This report tracks the number of crashes attributed to speeding or alcohol consumption, but there are many other ways traffic accidents happen, including texting while driving and other distracted driving, following too closely, failing to yield the right-of-way, failing to signal or check blind spots before turning or changing lanes, making a left turn when another vehicle is oncoming, and countless other forms of negligence or incompetence.
Sex Crimes
If you have been accused of sexual assault or other misconduct at an education institution covered by civil rights laws, please contact the MichieHamlett Law Firm to speak with a member of our team. We can schedule a consultation with a Title IX defense lawyer who will fight for you and offer advice on how to proceed.
Fraud
Chris Jánszky provides clients with the knowledge and skills of an experienced litigator who has represented companies and boards of directors in criminal and regulatory investigations. Representative matters include serving as counsel for a Fortune 500 company in response to a shareholder dispute involving allegations of accounting fraud and representing a large, multinational financial institution under investigation by the Securities and Exchange Commission and the Department of Justice. Chris has also assisted clients in cases involving the False Claims Act and the Foreign Corrupt Practices Act. His background and experience put Chris in a unique position to deliver outstanding service for clients in need of a neutral third-party investigator.
Robbery
Burglary
White Collar Crimes
Corporations have made up the backbone of the American economy for a number of years, although not without their own struggles. Insider trading and other white collar crimes led to the implementation of the Securities and Exchange Commission to prevent future crimes from occurring. However, as corporations and their technologies evolve, white collar crimes have taken on new forms of implementation, and other new corporate improprieties have occurred. Investors now have to research thoroughly into a company to ensure they are purchasing the stock they believe they are purchasing, and corporations themselves need to be adamant about following all director and shareholder actions.
Theft
Misdemeanors
Crimes are defined in the law as misdemeanors or felonies, depending on how serious an offense they are considered to be. Felonies are generally punishable by a year or more in prison and fines of at least $1,000. In Virginia, felony offenses fall into six different classes. A Class 6 felony is punishable with up to five years in prison and fines as high as $2,500. Potential prison time and fines increase in each class, up to a Class 1 felony, which can be punished with life imprisonment and as much as a $100,000 fine. Class 1 felonies are also capital crimes, with the added possibility that the death penalty might be imposed. In most cases, a convicted felon will receive a prison sentence that may or may not come with a fine, but the person would not only be given a fine without any prison time.
Embezzlement
Many serious felonies are white-collar crimes. White-collar crimes are defined as offenses committed through fraud or deceit, rather than the use of force or the threat of force. Examples of white-collar crime include forgery, counterfeiting, embezzlement, public corruption, and all types of fraud, such as securities fraud, tax fraud, wire fraud, Medicare fraud, etc.
Drug Crimes
Being arrested and charged with a crime is only the start of the process, so don’t despair, and don’t enter a plea or give a statement to law enforcement until you have talked to an attorney. The prosecutors might not have the evidence to back up the charges they are seeking, and you might have defenses available that prove you didn’t commit the crime or no crime was committed. Our defense team will take a hard look at the evidence and craft a strategic defense on your behalf that might include any of the following...
Assault
Murder
Rhonda represents clients in white collar and other criminal matters at all stages of the proceedings from grand jury investigations through trial. In her complex criminal practice, she has exonerated clients charged with fraud, conspiracy, sexual assault, and murder in both state and federal court. Clients facing serious allegations in criminal cases benefit from Rhonda’s unyielding determination, attention to detail, and understanding of the law. Leaving no stone unturned, Rhonda engages investigators, experts, focus groups, and other professional consultants to successfully defend complex criminal matters.
Homicide
Forgery

Business and Corporate Law

Corporate Law
Most of the time, disputes like these can be talked through and settled productively if not amicably. Other times, more formal legal intervention is required. Our goal in these matters is to resolve the dispute favorably in the most efficient and least disruptive manner, whether through settlement negotiations, litigation, mediation, arbitration, trial or other legal means. Our commercial litigation practice spans the spectrum of business and corporate disputes in Virginia, including...
Mergers and Acquisitions
David Thomas is an experienced trial lawyer with over 15 years of experience advising employers and litigating cases on their behalf. David has devoted his career to representing private companies, non-profit organizations, and business owners – both in corporate matters and in the courtroom. His fact-finding skills, honed by interviewing and deposing hundreds of witnesses and investigating a wide array of employment matters, result in a thorough and practical evaluation of each client’s unique situation. In addition to his courtroom experience, David understands how businesses work. He has represented numerous corporations in transactions involving mergers and acquisitions, asset purchases, stock sales and purchases, and has served as outside general counsel to small-to-midsize businesses. His combination of litigation and transactional experience gives David a clear understanding of the importance of an efficient and effective internal investigation.
Business Formation
Virginia businesses, from the smallest sole proprietorship to the largest corporation, are by and large subject to the same sets of laws and regulations when dealing with employees or contractors; leasing or purchasing office space, real estate or equipment; expanding their enterprise; or even dissolving their company and moving in an entirely new direction. Virginia businesses face decisions every day that can benefit from legal advice and technical assistance or representation from an experienced Virginia business lawyer. From business formation, transactions and governance to commercial litigation, the corporate attorneys at MichieHamlett are here for the life of your business. Count on our firm to handle your legal issues efficiently and effectively so you can concentrate on running and growing your business.
Business Disputes
Many of these are routine business documents which need to be drafted and reviewed before the company enters into any negotiations with an outside company. An experienced business law attorney will be able to ensure that your documents cover all potential disputes or breaches and protect your company from any foreseeable future legal disputes.
Business Transactions
Contracts serve an important role in all business transactions and provide a blueprint for the transaction and what is to occur going forward. Parties on either side of a business contract enter into a contract not with the belief that the transaction will end in a dispute, but simply to protect their company. However, unfortunately many business transactions do end up in disagreements or disputes which can have legal consequences depending on the contract language.
Limited Liability Companies
Each entity comes with its own organizational structure and state and federal requirements. Limited liability companies have become a popular entity because the entity is easy to maintain and offers better protection to members than a partnership offers. However, each entity is unique and certain entities may work best for certain types of businesses or have different tax consequences.
Trade Secrets
Intellectual Property
CALI Awards for Excellence in Civil Procedure, Contracts, Wills & Trusts, Family Law, Civil Rights Litigation, Medical Malpractice, Intellectual Property Law & Policy, Criminal Procedure: Investigations, Payments in the 21st Century, Professional Responsibility, Legal Analysis & Writing, and Art of Argument
Unfair Competition
Antitrust
David is a partner in the firm whose practice primarily focuses on business litigation, business/employer counseling, fiduciary litigation, including will challenges, and trust lawsuits. He also has extensive experience in construction litigation, securities litigation and arbitration, and real estate disputes. A native of Virginia, David attended Thomas Jefferson High School for Science and Technology in Alexandria before matriculating to Swarthmore College and the University Of Virginia School Of Law. Following graduation, David Clerked for the Honorable Danny C. Reeves in federal district court in Kentucky, where he was exposed to a wide array of federal litigation as well as appellate litigation before the Sixth Circuit. David then moved to Washington, D.C., to practice with a large national firm based out of Palo Alto, California, representing technology companies in commercial, securities, and antitrust litigation. David then moved to a regional litigation firm, where he practiced in the area of products liability before returning to Charlottesville. David lives in Charlottesville with his wife and two young daughters. As a result of the latter, he has no meaningful hobbies, though he does own golf clubs and occasionally pretends he can play.

Employment Discrimination
Employment Contract
As your business gets underway, our business transaction attorneys are here to negotiate, draft or review any contract or agreement, including employment contracts and independent contractor agreements, vendor and supplier contracts, asset purchases, lending and more. You can also rely on MichieHamlet for technical assistance in matters related to corporate governance, from drafting and interpreting corporate by-laws and buy-sell agreements to understanding proper voting procedures, compliance with securities regulations, mergers & acquisitions, and business transfer or dissolution.
Employment Litigation
An independent third-party investigation led by outside counsel provides a detached analysis of the facts, while preserving contemporaneous witness memories and evidence such as emails, phone records, text messages, memos, and social media posts. We gather information vital to addressing and managing potentially disruptive and costly employment issues. We can assess risk and identify remedial measures to secure the workplace – now and for the future.
Severance Agreement
Sexual Harassment
Other employment-related disputes focus on abuse in the workplace which is closely related to discrimination. This can be either verbal abuse or sexual harassment. Many men feel as though they have the power to harass a woman coworker in ways they feel are appropriate. However, a coworker may not speak in a derogatory or vulgar manner to other coworkers, and this may be considered sexual harassment.

Real Estate Litigation
Our group has extensive experience involving purchase and sale contracts, partnership disputes, claims involving breach of fiduciary duty, commercial leases, easements, boundary disputes, and design and construction defects. We have represented buyers and potential buyers of real estate in a variety of disputes, and litigated on behalf of such diverse clients as a vineyard owner, property managers, and developers of commercial and residential properties. We have also represented property owners in disputes over boundary lines and easement rights as well as the owners of multimillion dollar residences with major design and construction deficiencies pursuing claims against their contractors and others.
Construction Litigation
Josh Johnson is an experienced construction litigator who represents owners, contractors, subcontractors, architects and engineers in all phases of residential and commercial construction projects. He cares deeply for his clients; enjoys the competition of the courtroom; and loves his work. Having grown up in the coal fields of far southwest Virginia, Josh has a deep affection for the talented folks who work hard as contractors and subcontractors. Josh enjoys working with these craftsmen who take pride in their work the same way he does.
Easement
Landlord-Tenant Disputes
When one party feels wronged by another, or when parties can’t work out their differences on their own, the path to resolving those disagreements or settling that dispute leads to a Virginia courtroom. Whether you find yourself going by the name of plaintiff or defendant in a civil case, our experienced courtroom litigators can advise you of your options and represent your interests, guiding you to an out-of-court settlement or jury verdict. Call MichieHamlett for help with any civil legal matter, including employment and labor law, landlord-tenant matters, defamation, construction litigation, intellectual property disputes, and allegations of legal malpractice.
Property Damage
This is a very real situation in Virginia, where motorists can lawfully drive without liability insurance by paying an annual $500 Uninsured Motor Vehicle fee to the DMV. Otherwise, drivers are required to carry at least $25,000 in personal injury liability insurance per injured person or $50,000 bodily injury per accident, plus $20,000 in property damage liability. About one in ten Virginia drivers are uninsured, so the odds are pretty good that the driver who hits you might not have insurance.

Personal Injury
When most people think of litigation, they envision a John Grisham courtroom drama involving a criminal defendant or a similar criminal action. However, many litigious disputes brought in courtrooms do not involve criminal actions but are instead civil suits stemming from actions such as a personal injury dispute. If you are considering civil litigation, discuss your case with an experienced Virginia civil litigation attorney.
Medical Malpractice
We can try to avoid car and truck accidents by being skilled and attentive drivers, driving defensively and watching out for other drivers on the road. There is very little we can do protect ourselves from medical errors, though. The practice of medicine is a specialized area requiring years of schooling and training, and it is far beyond the ability of the average person to know whether a diagnosis or course of treatment was chosen correctly or performed appropriately. We leave these matters in the hands of trained medical professionals and trust that they perform their jobs appropriately. A Virginia medical malpractice attorney can help you determine if you deserve compensation.
Auto Accidents

Trusts and Estates

Estate Planning
A will and advance directives will be sufficient to cover the estate planning needs of many Virginians, but others may want to consider making a trust part of the equation. When you have substantial assets or face extraordinary circumstances, a trust enables you to realize numerous benefits during your lifetime and at death. Financial advisers from US Bank describe some of the advantages of preparing a trust, including greater control over your assets, avoiding the probate process, flexibility, and many more.
Wills
Estate planning is the process of creating legal instruments, such as wills and trusts, that control the distribution of one’s assets (the estate) after death. Estate planning also takes into account other important matters during one’s lifetime, such as asset protection and how one’s healthcare and financial affairs will be managed in the event of temporary or long-term physical or mental incapacity. We never know what life will bring, what changes will happen or when, but we can nevertheless plan for the expected and the unexpected and make sure the right legal documents are in place to protect you and your family, no matter what occurs. Without a will and advance directives, important decisions regarding your healthcare or your estate will be made by judges or others you might not know or trust, and the decisions they make might not reflect your wishes at all. For all of these reasons, it’s vital to enlist the aid of an experienced Virginia estate planning attorney and complete your estate plan sooner rather than later.
Trusts
A living trust that holds your assets during your lifetime, which delivers benefits since your trustee can step into your shoes if you become incapacitated;
Power of Attorney
A power of attorney gives another person the authority to act on your behalf. For instance, if you got sick or were in an accident, someone with power of attorney could keep up your mortgage and insurance policies and pay other bills from your bank account, make deposits and apply for benefits. Specific authority in advance healthcare directives can give someone the ability to make medical decisions on your behalf, such as where you receive care and what procedures you should or should not receive.
Probate

Tax Law
From your first simple will to complex estates requiring intricate asset protection, tax planning, and trust creation, our estate team at MichieHamlett works with you and your family to plan for a smooth generational legacy transfer. When it becomes time to administer the estate plan, our team provides guidance to fiduciaries and beneficiaries to ensure that their loved one’s wishes are put into action. Should disputes ever arise during this process, our estate team, in conjunction with our many experienced litigators, negotiate and litigate zealously on your behalf.
Debt Collection
Lord v. Senex Law, P.C., No. 7:20-cv-541, 2021 U.S. Dist. LEXIS 153852 (W.D. Va. Aug. 16, 2021) (denying majority of motion to dismiss FDCPA claims against debt collection law firm)

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