Legal Question in Civil Litigation in Virginia
Civil Appeal Bond
On 6/22/98 my mother used her property to hold off a judgment while my attorney appealed. My attorney failed to submit transcripts to the VA Supreme Court in time. My mother wants her property released before she dies. After numerous attempts I was able to have my attorney enter a motion to substitute moms for my husband's. According to a meeting with my attorney on 8/5/04, he advised me the Judge denied it, and stated he would pay it. I contacted my attorney and his secretary on 11/29, 12/2, 12/10 and again today requesting written documentation be faxed to me regarding his meeting with the Judge and his verbal agreement to me on 8/5. Please note the judgment was in error, my attorney failed me on the appeal, and my mother is near death. I would pay this, even though I vowed the clinically diagnosed psychopath would never get a penny from me, to ease my mother's fears, and for the fact I do not have the money. Is there any way I can force the lawyer to comply with my wishes and his verbal agreement?
1 Answer from Attorneys
Re: Civil Appeal Bond
You're raising a lot of different issues, but really only one question: A verbal contract is enforceable like any other contract, although some slightly different rules apply. For example, a verbal contract is not enforceable for the sale of real estate or for something that cannot be performed within one year.
The problem with a verbal contract is proving it. If you say he made the promise and he denies it, then you would not carry your burden of proof. (A 50-50 split is not carrying your burden of proof.) So the question is whether you can prove it or not.
Also, a gratuitous promise is usually not enforceable. A contract must be some exchange or trade, what the law calls "consideration" for which the promise was given.
Here, you did not say it, but it sounds like the attorney was offering to pay it in exchange for not being sued for malpractice. If that's the case, then it would be enforceable. If it were a pure gift, it would not be enforceable, whether in writing or verbal.
On the larger issue, FIRST write your Delegate and Senator in the General Assembly and ask them why the *H-LL*!!! justice and the law is allowed to be held hostage by STUPID rules like when a transcript is filed in the Supreme Court. What is the Supreme Court afraid of... achieving the correct and just result in the courts? People should understand that the General Assembly has the power to change *ALL* of the rules that govern our courts with a snap of their fingers. The fact that the voters don't understand that is the only reason why the public doesn't storm the General Assembly capital building with pitchforks and torches demanding that the General Assembly put the justice back in our judicial system.
Next, however, you should explore whether the judgment can be vacated under 8.01-428 if there was a mistake of fact (meaning something extremely serious like the court was misled or did not know a critical fact at the time) or the judgment is "void" for some reason. This procedure is not as available as you might think, but it is worth checking into.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
