VOLUME 1 CHAPTER 1 ADOPTION – AGENCY PLACEMENTS1.1 Cover Letter To Agency
1.2 Cover Letter For Petition
1.3 Verified Petition For Adoption
1.4 Order Of Reference
1.5 Final Order Of Adoption
1.6 Interlocutory Order
1.7 Final Order Of Adoption After Interlocutory Order
1.8 Motion To Waive Report Of Investigation
1.9 Final Order Of Adoption With Waiver Of Report
1.10 Self-Authenticating Affidavit Of Identity Pursuant To Section 63.2-1202(K
1.11 Birth Parent Recommended Placement, Election, Waiver, And Verification
1.12 Adoptive Parent Recommended Agency Placement Verification
CHAPTER 2 ADOPTION – STEPPARENTS AND CLOSE RELATIVES2.1 Cover Letter To Circuit Court
2.2 Petition For Adoption
2.3 Consent To Adoption By Birth Father
2.4 Affidavit That Birth Father Is Unknown
2.5 Consent Of Minor 14 Years Of Age Or Older
2.6 Order Of Reference
2.7 Final Order Of Adoption
2.8 Petition For Adoption Of A Close Relative
2.9 Consent Under Oath To Adoption Of Close Relative
2.10 Final Order Of Adoption Of A Close Relative
CHAPTER 3 ADOPTION – PARENTAL PLACEMENT3.1 Parental Placement Adoption Checklist
3.2 Power Of Attorney And HIPAA Compliant Medical Authorization
3.3 Cover Letter For Petition In Juvenile And Domestic Relations District Court
3.4 Petition For Consent Hearing In Juvenile And Domestic Relations District Court
3.5 Motion And Order For Appointment Of Guardian Ad Litem
3.6 Out-Of-Court Consent Of Birth Father
3.7 Birth Father’s Denial Of Paternity
3.8 Notice Letter To Putative Birth Father
3.9 Notice Letter To Nonputative Birth Father
3.10 Notice Of Hearing To Nonputative Birth Father
3.11 Certification By Social Worker
3.12 Birth Mother’s Consent To Adoption And Affidavit Of Paternity
3.13 Order Accepting Consents And Transferring
3.14 Cover Letter For Circuit Court Petition For Adoption
3.15 Circuit Court Petition For Adoption
3.16 Circuit Court Interlocutory Order
3.17 Cover Letter To Circuit Court With Final Order Of Adoption
3.18 Circuit Court Final Order Of Adoption
CHAPTER 4 ADOPTION – ADULTS4.1 Circuit Court Petition For Adoption
4.2 Consent Under Oath By Adult Adoptee
4.3 Circuit Court Order Of Reference
4.4 Circuit Court Final Order Of Adoption
CHAPTER 5 ADOPTION – INTERSTATE5.1 Waiver Of Application Of Virginia Entrustment Laws
CHAPTER 6 ADOPTION – INTERCOUNTRY6.1 Circuit Court Petition For Adoption
6.2 Order Of Reference
6.3 Circuit Court Final Order Of Adoption After Six Months
6.4 Circuit Court Final Order Of Adoption After 12 Months
CHAPTER 7 ADOPTION – INDIAN CHILD WELFARE ACT7.1 IWCA Consent Form
7.2 ICWA Judicial Certification Form
7.3 Petition To The Juvenile Court To Accept Consent And Transfer Custody
7.4 Juvenile Court Order Confirming Consents And Granting Custody To Adoptive Parents
CHAPTER 8 APPEALS – BONDS8.1 Bond for Costs Alone - Appeal of Right From Circuit Court to Court of Appeals (including further appeal to the Supreme Court)
8.2 Bond For Costs and Suspension – Appeal From Circuit Court to Appellate Court
8.3 Bond for Costs Alone Required by Appellate Court on Appeal From Circuit Court
8.4 Bond for Suspension Alone Required by Appellate Court on Appeal From Circuit Court
8.5 Bond for Costs and Suspension Required by Appellate Court on Appeal From Circuit Court
8.6 Additional Bond Required by Appellate Court on Appeal From Circuit Court
8.7 Bond for Costs Alone - Appeal of Right From Virginia Workers’ Compensation Commission to Court of Appeals (including further appeal to the Supreme Court)
8.8 Bond for Costs Alone - Required by Supreme Court on Appeal of Right From State Corporation Commission
8.9 Bond for Costs and Suspension - Required by Supreme Court on Appeal of Right From State Corporation Commission
8.10 Form for Execution and Acknowledgment of All Bonds
8.11 Irrevocable Letters of Credit
CHAPTER 9 ATTORNEY-CLIENT RELATIONSHIP9.1 Nonengagement Letter
9.2 Representation Agreement
9.3 Engagement Letter
9.4 Engagement Letter – Personal Injury Plaintiff
9.5 Closing Letter
CHAPTER 10 ATTORNEY FEES, COSTS, AND EXPENSES10.1 Attorney Fee Affidavit
10.2 Attorney Fee Affidavit
10.3 Claim for Attorney’s Fees – Contract Basis for Fee Recovery
10.4 Claim for Attorney’s Fees – Statutory Basis for Fee Recovery
10.5 Motion to Bifurcate Proof of Fees from Case in Chief
10.6 Order Granting Bifurcation of Proof of Fees from Case in Chief
CHAPTER 11 ATTORNEYS – PRO HAC VICE APPEARANCE11.1 Application to Appear Pro Hac Vice Before a Virginia Tribunal
CHAPTER 12 BUSINESS ENTITIES12.1 Articles Of Incorporation With Indemnity Provisions
12.2 Partnership Agreement
12.3 Articles Of Organization for a Limited Liability Company
12.4 Operating Agreement for a Limited Liability Company With Buy-Sell Provision And Optional Manager-Management Provisions
12.5 Articles Of Organization
12.6 Conversion Of Partnership To Limited Liability Company
12.7 Operating Agreement With Buy-Sell Provision And Optional Manager-Management Provisions
12.8 Articles Of Organization—Single-Member Company
12.9 Sample Operating Statement For Single-Member
12.10 Unanimous Written Consent Of The Members
12.11 Written Consent In Lieu Of Meeting Of The Members
12.12 Written Consent Of A Majority Of The Members
12.13 Unanimous Written Consent Of The Members To Amend The Articles Of Organization
12.14 Unanimous Written Consent Of The Members To Admit New Member
12.15 Appointment Of Proxy
12.16 Appointment Of Irrevocable Proxy
12.17 Articles Of Organization For A Board Of Manager-Managed Company
12.18 Operating Agreement For A Board Of Manager-Managed Company
12.19 Operating Agreement For Estate Planning Purposes
12.20 Incumbency Certificate Or Resolution
12.21 Statement Of Organization For A Single-Member Domestic Professional Limited Liability Company
12.22 Sample Letter of Intent for Acquisition of a Corporate Assets
CHAPTER 13 DISCOVERY AND DEPOSITIONS13.1 Scheduling Order (Basic)
13.2 Scheduling Order (Detailed)
13.3 Uniform Pretrial Scheduling Order
13.4 Sample Interrogatories
13.5 Sample Objections
13.6 Sample Oaths To Be Executed By Responding Party
13.7 Request For Production Of Documents
13.8 Request For Production Of Documents And Things
13.9 Request For Subpoena Duces Tecum
13.10 Request For Permission To Enter Upon Land
13.11 Motion For A Protective Order
13.12 Stipulation Agreement And Protective Order
13.13 Subpoena Duces Tecum (Civil)
13.14 Notice Of Deposition Duces Tecum (Automobile Accident)
13.15 Notice Of Deposition Duces Tecum For Corporate Designee
13.16 Deposition Preparation—Attorney Checklist
13.17 Checklist For A Client's Deposition
13.18 Deposition Preparation-Tips For Witnesses
13.19 Motion For Commission To Take Deposition Out Of State
13.20 Commission Authorizing The Taking Of Out-Of-State Depositions
13.21 Requests for Admission (Plaintiff To Defendant— Liability, Genuineness Of Medical Bills/Records)
13.22 Requests for Admission (Plaintiff To Defendant— Slip-And-Fall In Supermarket, Combining Requests For Admission With Interrogatories And Request For Production)
13.23 Requests For Admission (Plaintiff To Defendant— Genuineness And Reasonableness Of Medical Bills/Records, Combining Requests For Admissions With Interrogatories)
13.24 Memorandum In Support Of Motion To Compel Party Produce Documents And To Supplement Its Interrogatory Responses
13.25 Memorandum In Opposition To Motion To Compel
13.26 Notice of Deposition
13.27 Notice of Video Deposition
13.28 Notice of Video Deposition with Exhibit
13.29 Rule 4:5(b)(6) Notice
CHAPTER 14 CONTRACTS14.1 Assignment Clause
14.2 Joint and Several Liability Provision—Note
14.3 Joint and Several Liability Provision—Guaranty
14.4 Joint and Several Liability Provision—Lease
14.5 Joint and Several Liability Provision—Lease
14.6 Several Liability Provision—Loan Agreement
14.7 Several Liability Provision—Stock Purchase Agreement
14.8 Exclusive Patent License Agreement
14.9 License Agreement
14.10 Software License Agreement
14.11 Technology Development Agreement
14.12 Confidentiality Agreement for Product Evaluation
14.13 Proprietary Information, Inventions, and Non-Solicitation Agreement
14.14 Sample International Distribution Agreement With Commentary
14.15 Stock Purchase Agreement
14.16 Real Estate Purchase Agreement
14.17 Purchase and Sale Agreement
14.18 Sample Shareholders’ Agreement With Commentary
14.19 Promissory Note
14.20 Guaranty
14.21 Security Agreement
14.22 Stock Pledge Agreement
14.23 Liquidated Damages Provision (Construction Contract)
14.24 Limitation of Third-Party Benefit Provision
14.25 Severability Provision
14.26 Merger Provision
14.27 Survival Provision
14.28 Complaint—Note and Guaranty
14.29 Complaint—Specific Performance and Damages
14.30 Complex Contract Action
VOLUME 2CHAPTER 15 ELDER LAW15.1 Elder Law Essential Information Survey
15.2 Guardianship/Conservatorship Essential Information Survey
15.3 Engagement Agreement—Medicaid Planning
15.4 Engagement Agreement—Estate Planning
15.5 Engagement Agreement—Guardianship and/or Conservatorship Appointment
15.6 Letter to Physician for Capacity Determination — Guardianship/Conservatorship Petition
15.7 Letter to Physician for Capacity Determination—Testamentary and POA Execution Capacity
15.8 Disclosure Letter Pursuant To LEO 1515
15.9 Disclosure Statement—Financial Services
15.10 Folstein Mini-Mental Status Exam (Mmse)
15.11 General Durable Power of Attorney
15.12 Consent To Release HIPAA-Protected Information
15.13 Advance Medical Directive
15.14 Trust Provision—Care Of Grantor In Event Of Grantor’s Incapacity
15.15 Petition For Appointment Of Guardian And Conservator
15.16 Order Appointing Guardian Ad Litem
15.17 Notice To Respondent Of Motion For Order Appointing Guardian Ad Litem
15.18 Notice To Family Of Motion For Order Appointing Guardian Ad Litem
15.19 Certificate Of Compliance With Notice Requirement
15.20 Physician’s Evaluation Report
15.21 Affidavit Of Indigence
15.22 Order Of Indigence
15.23 Order Appointing Guardian And Conservator
15.24 Self-Settled Special Needs Trust
15.25 Third-Party Special Needs Trust
15.26 Waiver Of Elective Shares In Spouses’ Estates
15.27 Notice Of Appeal From Denial Of Benefits
CHAPTER 16 ESTATE AND TRUST ADMINISTRATION16.1 Sample Engagement Letter
16.2 Virginia Small Estate Act Affidavit
16.3 Self-Proving Affidavit
16.4 Self-Proving Affidavit—Alternative Form
16.5 Order of Probate and Qualification
16.6 Stock Power
16.7 Revocable Transfer on Death Deed Pursuant to Section 64.2-635 of the Virginia Code
16.8 Revocation of Transfer on Death Deed Pursuant to Section 64.2-635 of the Virginia Code
16.9 Notice of Intent to File a Statement in Lieu of Settlement of Account
16.10 Claim to an Elective Share Pursuant to Section 64.2-302 of the Virginia Code
16.11 Claim to an Elective Share Pursuant to Section 64.2-308.12 of the Virginia Code
16.12 Claim for Family Allowance
16.13 Appeal from Clerk’s Order
16.14 Complaint to Impeach a Will
16.15 Disclaimer
16.16 Complaint for Aid and Direction
16.17 Report of Debts and Demands
16.18 Motion for Show Cause Order
16.19 Show Cause Order
16.20 Show Cause Order against Distribution
16.21 Order of Distribution of Estate
16.22 Receipt (Tangible Personal Property)
16.23 Receipt (Cash Bequest)
16.24 Refunding Bond
16.25 Declaration of Trust under the Virginia Uniform Custodial Trust Act
16.26 Transfer under the Virginia Uniform Custodial Trust Act
16.27 Custodial Trustee’s Receipt and Acceptance
16.28 Waiver of Compensation
CHAPTER 17 ESTATE PLANNING17.1 Initial Letter to Client
17.2 Non-Tax Will for Single Person With Trust for Young Beneficiaries
17.3 Non-Tax Will With Trust for Children
17.4 Will With Special Needs Trust for Disabled Child
17.5 Tax Will With Outright Disposition of Marital Share
17.6 Tax Will With QTIP or General Power of Appointment Marital Trust
17.7 Pour-Over Will
17.8 Codicil
17.9 Non-Tax Trust With Trust for Children
17.10 Tax Trust With QTIP or General Power of Appointment Marital Trust
17.11 Tax Trust With GST Provisions
17.12 Amendment to Trust Agreement
17.13 Life Insurance Trust
17.14 Grandchild’s Trust
17.15 I.R.C. § 2503(c) Trust
17.16 Charitable Remainder Unitrust
17.17 Crummey Trust for the Benefit of a Child of the Grantor
17.18 Memorandum of Understanding Accompanying Power of Attorney
17.19 Durable General Power of Attorney
17.20 Advance Medical Directive; Appointment of Agent for Health Care Decisions; Appointment of Personal Representative to Obtain Health Care Information; Appointment of Agent to Make Anatomical Gifts
17.21 Durable Limited Power of Attorney for Tax Matters
17.22 Agent’s Certification as to Validity of Power of Attorney and Agent’s Authority
17.23 Attorney/Fiduciary Disclosure and Client Consent
17.24 Revocable Transfer On Death Deed Pursuant to Section 64.2 635
17.25 Revocation of Transfer on Death Deed Pursuant to Section 64.2-635 of the Virginia Code
17.26 Self-Proving Certificate With Testator and Witness Signatures
17.27 Self-Proving Certificate Without Testator and Witness Signatures
17.28 Sample Letter Terminating Representation With Estate Planning Client Upon Completion
17.29 Operating Agreement Provisions for Farm and Forest Landowners
17.30 LLC Resolution Authorizing Conservation Easement
17.31 Fiduciary (Executor/Trustee/Power of Attorney) Language Authorizing Farm Powers
17.32 Trust Language Authorizing Trustee to Donate Conservation Easement with Consent of all Beneficiaries
17.33 Digital Estate Information
CHAPTER 18 FAMILY LAW – ATTORNEY FEES18.1 Affidavit Submitted with Attached Detailed Statement of Fees and Costs
18.2 Affidavit with Total Time, Fees, and Costs Set Forth in the Body of Affidavit without Detailed Statement of Fees and Costs
18.3 Affidavit with Detailed Statement of Fees and Costs Set Forth in the Body of Affidavit
18.4 Notice of Charging Lien
18.5 Petition To Enforce Attorney’s Charging Lien
CHAPTER 19 FAMILY LAW – COOPERATIVE AND COLLABORATIVE LAW19.1 Cooperative Law Process: Participation Agreement
19.2 Collaborative Participation Agreement
CHAPTER 20 FAMILY LAW – DISCOVERY20.1 Comprehensive Information Form
20.2 Property Inventory
20.3 Motion for Discovery Regarding Custody
20.4 Order Granting Discovery Regarding Custody
20.5 Motion for Discovery Regarding Visitation
20.6 Order Granting Discovery Regarding Visitation
20.7 Motion for Discovery
20.8 Order Granting Discovery
20.9 Motion for Physical or Mental Examination
20.10 Order for Physical or Mental Examination
20.11 Interrogatories
20.12 Motion for Leave of Court to Serve More Than Thirty Interrogatories
20.13 Order Granting Leave of Court to Serve More Than Thirty Interrogatories
20.14 Answers and Objections to Interrogatories
20.15 Requests for Production of Documents
20.16 Response to Request for Production
20.17 Motion to Compel Responses to Discovery Requests
20.18 Order to Answer Interrogatories and Respond to Request for Production of Documents
20.19 Motion for Sanctions for Noncompliance with Discovery Order
20.20 Order Imposing Sanctions
20.21 Request for Admissions
20.22 Response to Request for Admissions
20.23 Notice of Deposition
20.24 Motion to Compel Answers to Deposition Questions
20.25 Order to Answer Deposition Questions
20.26 Motion to Terminate or Limit Deposition
20.27 Order Granting Motion to Terminate or Limit Deposition
20.28 Request for Subpoena Duces Tecum
20.29 Motion to Quash or Modify Subpoena Duces Tecum
20.30 Order Modifying Subpoena Duces Tecum
20.31 Motion for Protective Order
20.32 Letter Authorizing Financial Institution to Disclose and Furnish Information Regarding Financial Status
20.33 Request for Copy of Tax Return
20.34 Letter Authorizing DCSE to Release File Information to Attorney
20.35 Authorization to Release Confidential Health Records
20.36 Request for Certified Copy of Record of Conviction
CHAPTER 21 FAMILY LAW – MARITAL AGREEMENTS21.1 Client Fact Sheet
21.2 Schedule Of Assets And Liabilities
21.3 Master Information List
21.4 Income/Expense Exhibit
21.5 Information And Fee Agreement For Domestic Relations Matters
21.6 Contract For Mediation
21.7 Memorandum Of Understanding—Sample Paragraphs
21.8 Partnership Agreement
21.9 Premarital Agreement
21.10 Sample Non-Abrogation Paragraph For Marital Agreement
21.11 Reconciliation Agreement
21.12 Premarital Agreement—Short Form
21.13 Provision Allowing For Later Insertion Of Omitted Language
21.14 Undisclosed/Not Included Assets
21.15 Effect Of Reconciliation
21.16 Temporary Child Support Provisions
21.17 Regular Child Support Provisions—Information and Generally
21.18 Regular Child Support Provisions—Application of Guidelines
21.19 Regular Child Support Provisions—Finances of the Parties
21.20 Regular Child Support Provisions—Amount and Duration
21.21 Emancipation Event
21.22 Modification Provisions
21.23 Dependency Exemption Provisions
21.24 Education Payment Provisions
21.25 Educational Trust Fund Provisions
21.26 Medical And Dental Provisions
21.27 Waivers And Reservations
21.28 Lump Sum Spousal Support Provisions
21.29 Lump Sum Spousal Support Payable Monthly
21.30 Lump Sum Payable Partly Upon Execution And Balance Monthly
21.31 Monthly Fixed Spousal Support
21.32 Monthly Variable Spousal Support For A Non-Fixed Term
21.33 Monthly Fixed Level Spousal Support For Fixed Term (Of More Than Three Years)
21.34 Monthly Fixed Level Spousal Support For Term Of Three Years Or Less
21.35 Spousal Support For Three-Year Period—Partial Non-Modifiability
21.36 Monthly Staggered Spousal Support For Fixed Term (Of More Than Three Years)
21.37 Tax Consequences
21.38 Reinstatement Alimony
21.39 Obligation Of Estate
21.40 Spousal Support Modification Provisions
21.41 Cohabitation
21.42 Other Support Considerations—Disability
21.43 Other Support Considerations—Tax Returns
21.44 Counsel Fees
21.45 Emergency Fund
21.46 Debts
21.47 Spousal Support In Lieu Of Property
21.48 Tax Effects Of Property Transfers
21.49 Real Property Provisions
21.50 Personal Property Provisions
21.51 Motor Vehicles
21.52 Deferred Compensation
21.53 Partnerships, Corporations, Business Interests, Loans, And Trusts
21.54 Life Insurance
21.55 Sole Custody
21.56 Sole Custody; Visitation Provisions
21.57 Sole Custody; Joint Custody During Visitation With Provision For Visitation Outside The United States
21.58 Joint Custody Arrangements
21.59 Shared Custody
21.60 Split Custody
21.61 Divided Custody
21.62 Joint (Legal) Custody With Primary Residence And Specific Schedule
21.63 Joint Custody: Schedule And Changes As Appropriate
21.64 (“Birdnest”) Joint Custody
21.65 Joint Legal Custody With Primary Residence
21.66 Joint Custody During Visitation
21.67 Children’s Religious Upbringing
21.68 Joint Custody, Legal Residence With One Parent (Child’s Best Interests)
21.69 Avoiding Use Of The Word “Custody,” Visitation Provisions
21.70 Relocation Provisions
21.71 Visitation Restriction (Other Person)
21.72 Examples Of Visitation Schedules
21.73 Visitation Restriction (Alcohol)
21.74 Safety And Moral Restrictions
21.75 Grandparents’ Visitation
21.76 Financial Provision
21.77 Change In Circumstances
21.78 Cooperative Parenting
21.79 Family Communication
21.80 Information Sharing
21.81 Medical Care
21.82 Parent Coordinator Provision
21.83 Examples Of Standard Provisions Used In Separation Agreements
21.84 Consent Order
21.85 Sample Separation Agreement I
21.86 Sample Separation Agreement II
21.87 Provision For Waiver Of Estate Rights
21.88 Clause To Terminate A Revocable Trust
21.89 Sample Estate Planning Provisions
21.90 Saving Clause for Benefit Waiver Provisions
CHAPTER 22 GUARDIANS FOR INCAPACITATED PERSONS22.1 Letter to be Sent to Family Members
22.2 Letter to be Sent to Capacity Evaluator
22.3 Certificate of Compliance with § 64.2-2003
CHAPTER 23 MEDICAL RECORDS23.1 Consent to Release of Confidential Health Care Information
23.2 Request to Health Care Provider for Client’s Medical Records
23.3 Medical Records Subpoena
23.4 Letter Certifying Expiration of 15-Day Period
23.5 Interrogatory Requesting Health Care Information
23.6 Request for HITECH Electronic Medical Records
23.7 Statement as to Medical Bills Evidence Pursuant to § 16.1-88.2
23.8 Statement as to Medical Records Evidence Pursuant to § 16.1-88.2
CHAPTER 24 REAL ESTATE – DEEDS
24.1 General Warranty Deed-VBA Form
24.2 General Warranty Deed To Husband And Wife-VBA Form
24.3 General Warranty Deed To Joint Tenants-VBA Form
24.4 General Warranty Deed To Tenants In Common-VBA Form
24.5 General Warranty Deed For Property In The Name Of One Spouse-VBA Form
24.6 Special Warranty Deed-VBA Form
24.7 Quitclaim Deed-VBA Form
24.8 Deed To Trustees Under Virginia Land Trust-VBA Form (Setting Out Trust Uses And Purposes)
24.9 Deed To Trustee Under Virginia Land Trust-VBA Form (From Trust Beneficiary; Trust Uses And Purposes Not Set Out)
24.10 Deed Of Subordination-VBA Form
24.11 Deed Of Release-VBA Form
24.12 Deed Of Partial Release-VBA Form
24.13 Deed Without Warranty
24.14 Deed of Gift
24.15 Deed For A Condominium Unit
24.16 Deed of Assumption
24.17 Examples Of Signature Blocks
24.18 Corrective Affidavit and Notice of Intent to Correct
CHAPTER 25 REAL ESTATE – FORECLOSURES25.1 Notice of Breach for Failure to Make Loan Payments
25.2 Substitution of Trustee
25.3 Notice that Original Note Evidencing Indebtedness is Unavailable
25.4 Lost Note Affidavit
25.5 Notice Required by the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et.seq
25.6 Notice Pursuant to Code of Virginia § 55-59.1
25.7 Notice of Trustee Sale
25.8 Memorandum of Foreclosure Sale
25.9 Deed of Foreclosure
25.10 Account of Sale