- DivorceAmy grew up in the Atlanta metropolitan area and began her legal career in Washington, D.C. as law clerk to the Honorable Robert H. Hodges Jr. of the United States Court of Federal Claims with a focus on government contracts, takings claims, vaccine injuries, and patent and copyright claims. After her clerkship, Amy practiced with the commercial litigation section of a law firm in Northern Virginia handling a variety of matters from contract disputes to copyright and patent claims to employment related issue. After moving with her husband and four children to Lynchburg, Amy began a solo practice focusing on court appointed Guardian ad Litem work before joining Petty Livingston Dawson & Richards in January of 2015. Her areas of practice include family law and divorce, guardianship and conservatorship, and commercial litigation. She is trained in collaborative divorce and mediation and serves as a qualified Guardian ad Litem for the 24th Judicial District. In her spare time, she plays tennis, golf and guitar, needlepoints, serves on the board of the Academy Center of the Arts and is an active member of Hillside Garden Club.
- Child Custody and VisitationDivorce can be traumatic and stressful for everyone involved. A divorce lawyer should be compassionate and patient with good communication and listening skills. PLDR’s Divorce and Family Law group offers these skills to assist you in a difficult time. We are trained in the Collaborative Divorce process and can also serve as a mediator in divorce and family law cases. Our practice handles all issues relating to families and children including drafting pre-nuptial agreements and property settlement and separation agreements, facilitating civil unions and same-sex marriages, handling child custody, support and visitation issues as well as spousal support, protective orders, adoption, paternity issues and termination of parental rights.
- Adoption
- Paternity
- GuardianshipThese disputes involve will contests, undue influence claims, trust disputes, contested probate matters, fraud and breach of fiduciary duty claims, abuse and misappropriation by powers of attorneys and agents, removal and substitution of fiduciaries, and guardianships and conservatorships.
- Spousal SupportMary Chamberlin is an associate in the firm’s Family Law Practice Group, representing parties in matters including custody, visitation, child and spousal support, divorce, uncontested adoptions, child dependency matters, and protective orders in Lynchburg and the surrounding counties. Mary is also a qualified guardian ad litem for the 24
- Criminal DefenseWhether it is a traffic violation or a criminal charge that could change your life forever, you need experienced representation to help you navigate the world of criminal law. The attorneys at PLDR have been representing people that have been charged with criminal and serious traffic offenses for decades and we are well versed in the myriad of ways to resolve these cases.
- DUI/DWITake a DUI case for example--you need counsel to review all of the facts surrounding the stop by the authorities, to probe the probable cause for the arrest, to be intimately familiar with the technical aspects involving the taking a sample of your blood or breath that could be used in the trial of the case and then have the experience and knowledge to use any irregularities that may be found to your best advantage in resolving the charge.
- Wrongful Death
- Traffic ViolationsEd Dawson has been a trial lawyer since 1982. He began his career in the courts prosecuting drug dealers in the City of Richmond, and moved back to Lynchburg in 1986. In 1988, along with David Petty and Dick Livingston, he became a founding member of our firm and has been representing our clients in the court system ever since. Mr. Dawson has extensive experience in civil and criminal trials, and represents both plaintiffs and defendants in all Virginia State and Federal Courts. From traffic ticket cases to claims involving millions of dollars for nationally known companies, he is a tireless advocate for our clients, whether in the courtroom or by exploring alternative resolutions through mediation and arbitration.
- Sex CrimesDomestic violence is a violent confrontation between family or household members that involves physical harm, sexual assault, or fear of physical harm.
- FraudWhite collar crimes are nonviolent crimes often committed by business or government professionals who are motivated to obtain or avoid losing money, property, or services or to secure a personal or business advantage. Frequently, white collar crimes involve deception, concealment, or a violation of trust by the person or business committing the crime. A few examples of white collar crimes in Virginia include, but are not limited to: identity theft, embezzlement, insurance fraud, Medicare/Medicaid fraud, credit card fraud, forgery and uttering of checks, illegal gambling, and computer hacking.
- RobberyArgued cases from speeding/reckless driving tickets to white collar crimes such as embezzlement and larcenies and serious felonies like rape, burglary, robbery, murder and distribution of narcotics.
- BurglaryVirginia has six categories of felony crimes that range from Class 1 Felony (the most serious) to a Class 6 Felony (the least serious). The punishment for a felony crime ranges from one year in prison to life in prison or, in severe crimes, the death penalty. All felony crimes remain a permanent part of your record and, after you get out of prison, can result in you forfeiting certain rights, such as the ability to vote or carry a gun. Examples of felony crimes include, but are not limited to: murder, rape, robbery, manslaughter, attempted murder, burglary with a deadly weapon, arson, embezzlement, possession, and possession with intent to distribute dangerous drugs, and extortion.
- White Collar Crimes
- Theft
- MisdemeanorsVirginia has four categories of misdemeanor crimes that range from a Class 1 Misdemeanor (the most serious) to a Class 4 Misdemeanor (the least serious). Although not as bad as felonies, misdemeanors remain a part of your criminal record if you do not contest the charge or if you are found guilty and could result in you being ordered by the Court to pay a fine or serve time in jail. Some examples of misdemeanor crimes include, but are not limited to: trespassing, petit larceny, drunk in public, property damage, and possession of Marijuana.
- EmbezzlementSome debts are not dischargeable through bankruptcy because of public policy. With non-dischargeable debts, the debtor continues to owe the debt to the creditor despite having filed a bankruptcy case. The most common non-dischargeable debts are debts based on fraud (including presenting misleading credit applications), embezzlement, theft, willful and malicious injuries, certain tax debts, and domestic support obligations. For certain non-dischargeable debts, it is important to know that the creditor must file a timely proceeding in the Bankruptcy Court and request that the Court rule that the debt is non-dischargeable. PLDR’s attorneys can help your company file such proceedings to obtain an order that the debt is non-dischargeable and that the debtor still owes you in full, despite the bankruptcy.
- Drug CrimesIf used incorrectly, guns can be dangerous. As such, Virginia has a number of criminal laws regarding the possession, usage, and sale of guns. Some crimes involving guns include, but are not limited to: the possession of a firearm while in the possession of drugs, possession of a firearm by a felon, discharging a firearm in an urban area, the reckless handling of a firearm, and making false statements to purchase a firearm.
- Assault
- Murder
- Identity Theft
- Arson
- Restraining OrderOn June 20, 2019, GMS sued G&S, Greer, and other defendants for injunctive relief and damages. The Court granted a temporary restraining order and preliminary injunction. The Court granted in part and denied in part the defendants’ motion to dismiss and the plaintiffs amended their complaint. Both sides then moved for sanctions pursuant to Rule 11 and GMS moved for partial summary judgment. The Court granted GMS’ motion for sanctions against Greer and G&S, denied the defendants’ motion for sanctions, and denied GMS’ motion for partial summary judgment.
- Forgery
- Manslaughter
- Extortion
- Business FormationBusinesses are born from an idea for a product or service that is felt to be lacking in the marketplace. Decisions regarding the choice of entity, organization, management, and tax filings are critical to the success of the business in delivering that product or service to the marketplace.
- Business DisputesA contract dispute can involve any dispute over a written or oral agreement. Contract disputes include, but not limited to, sale of goods, sale of real estate, employment, promissory note, performance of services.
- Limited Liability CompaniesShareholders and members are not generally liable for the debts of corporations and limited liability companies. Liability usually arises in a closely held corporation when the shareholder or member is also a director, officer, and employee of the company.
- Construction ContractsA significant subset of construction claims deal with allegations of defective installation or defective materials and equipment. These claims can arise during the course of construction but more typically arise as warranty claims when latent defects (defects that are not obvious upon normal inspection) are discovered after the project has been completed for months, or even years. The Construction Law Group represents clients in defective construction cases, beginning with the investigation and continuing through the remedial work, including the negotiation and drafting of consultant and remedial construction contracts. If the parties are unable to reach an agreement on responsibility for the construction and material defects, PLDR will represent you in the dispute resolution process, from mediation to arbitration or litigation.
- Trade Secrets
- Wrongful TerminationEmployment disputes encompass a host of different matters, including wage and hour disputes, covenants not to compete, wrongful termination, unemployment and discrimination claims.
- Employment ContractAt PLDR, our attorneys serve the diverse labor and employment needs of our business clients, providing both counseling and litigation services. Our representation of management includes litigation in state and federal courts, as well as handling employment claims with administrative agencies such as the Equal Employment Opportunity Commission, the Virginia Employment Commission, and the Department of Labor. The labor and employment issues handled by PLDR’s attorneys include discrimination, harassment, retaliation, wrongful discharge, noncompetition disputes, wage and hour claims, breach of contract, employee benefits, and other matters. In addition to management representation in employment disputes, PLDR’s attorneys assist employers with the preparation and revision of employee handbooks, employment contracts, severance agreements, noncompete agreements, and other forms of planning designed to avoid employment disputes. We pride ourselves on giving realistic assessments of labor and employment problems to our clients.
- Employment LitigationAn association with employees may face employment disputes, such as discrimination, harassment, retaliation, wrongful discharge, noncompetition, wage and hour, breach of contract, employee benefits, and other matters. As a way to avoid these disputes, an association should invest in the preparation and revision of employee handbooks, employment contracts, severance agreements, noncompete agreements, and other forms of planning.
- Non-compete AgreementJohn now handles civil litigation matters, employment law, and media law issues. His employment law practice includes counseling management, litigation services, and handling employment claims with administrative agencies such as the Equal Employment Opportunity Commission, the Virginia Employment Commission, and the U.S. Department of Labor. Some of the many employment issues he handles include discrimination, harassment, retaliation, wrongful discharge, noncompetition disputes, wage and hour claims, breach of contract, and employee benefits. John also assists employers with the preparation and revision of employee handbooks, employment contracts, severance agreements, noncompete agreements, and other forms of planning designed to avoid employment disputes. To keep his clients informed, John also regularly updates PLDR’s Employment and Labor blog concerning recent developments in employment law.
- Severance Agreement
- Real Estate LitigationPLDR’s experience in real estate law ranges from “mom and pop” building ownership to large and complicated transactions with sophisticated sellers, purchasers, landlords, tenants, and lenders. Not only do we handle local matters, but we also handle commercial real estate matters throughout Virginia.
- Premises LiabilityRepresented insurance companies and their insureds in premises liability, fire claims, and other matters involving homeowner’s insurance and coverage disputes.
- Construction LitigationConstruction projects can be complex and involve many moving parts, personnel, and equipment that need to be skillfully coordinated so that all of the pieces come together to create a finished product. With over 35 years of combined experience focused exclusively on the construction industry, PLDR’s Construction Law Group can assist you with any and all of your construction needs and issues. To keep pace with constantly evolving legal developments and challenges of the construction industry, we are dedicated members of construction trade groups and construction law groups, including the Associated Builders & Contractors (“ABC”), the Associated General Contractors (“AGC”), the Construction and Public Contracts Law Sections of the Virginia State Bar, and the Virginia Bar Association.
- Easement
- Land Use and Zoning
- Landlord-Tenant DisputesLandlord-tenant disputes include recovery of possession of premises (eviction), rent, and other damages caused by the tenant. This practice area also involves interpreting the parties' rights and obligations under the governing lease and Virginia law.
- Property DamageThe Court ruled that Penn. National had no duty to defend River City because there was no possibility that Penn. National would be obligated cover a judgment against River City for breaching its subcontract as alleged in Branch’s state court complaint and based on the GL policy. Virginia follows the Potentiality Rule, which requires an insurer to defend a policyholder when there is “any possibility” that a judgment against the policyholder would be covered by the policy. Under the Potentiality Rule, Virginia courts apply the Eight Corners Rule, which looks at the four corners of the complaint and the four corners of the insurance policy to assess whether there is a duty to defend. River City’s GL policy included coverage exceptions, qualifications. and exclusions. The GL policy only covered property damage if it was caused by an “occurrence” that took place in the “coverage territory.” The GL policy defined “occurrence” as an accident and excluded “property damage to [River City’s] work arising out of it or any part of it,” damage to “any property that must be restored, repaired or replaced because ‘your work’ was incorrectly performed on it,’” and damages River City was required to pay “by reason of the assumption of liability in a contract[.]” Branch’s complaint against River City alleged that Branch incurred damages caused by River City’s breach of contract, where River City did not construct the Project’s roof in accordance with the “plans, specifications and industry standards.” Branch also claimed River City was liable under the subcontract’s warranty provision. The Court concluded that Branch’s claims (and prospective damages) against River City were contractual in nature or allegedly arose from River City’s own defective work. Thus, the Court found that there was no possibility that Penn. National would be responsible for any judgment against River City resulting from Branch’s state court lawsuit and that Penn. National had no duty to defend River City.
- Personal InjuryWhen choosing a firm to take on your personal injury case, you need attorneys with experience, knowledge of the local court system and community, and the resources to handle your case. PLDR’s team of personal injury attorneys have over 80 years of combined experience and live and work in the same community as you. Our deep bench and support staff enable us to take on the largest personal injury cases, including those resulting in serious injury or death. The resources at PLDR’s disposal allow its attorneys to litigate against any defendant or insurance company.
- Dog Bites
- Estate PlanningAdministering and settling an estate can be an overwhelming process for those unfamiliar with the procedures involved. Among other duties, personal representatives, also known as executors or administrators, are required to manage a decedent’s estate, file tax returns, submit an inventory and accountings to the Commissioner of Accounts, pay debts, and make distributions as required by the decedent’s will or intestate succession laws. PLDR attorneys can guide personal representatives through the estate administration process all the way from qualification to final distribution.
- Wills
- TrustsLynchburg Business Magazine Top Lawyers of Greater Lynchburg for Bankruptcy and Workouts, Real Estate, Business Law, and Wills, Trusts & Estates (2018)
- Power of AttorneyA power of attorney is a written authorization giving an agent, also known as an attorney-in-fact, the power to act in the principal’s place to deal with his assets and financial affairs during the principal’s lifetime. General powers of attorney give broad powers to the agent, while special powers of attorney grant specific powers to agents over certain assets or transactions. Importantly, durable powers of attorney remain valid and in effect even after the principal becomes incapacitated or mentally incompetent due to illness, accident, or age, which makes powers of attorney a crucial planning tool.
- Probate
- Bankruptcy
- ForeclosureThe structuring and drafting of a security agreement or deed of trust helps protect a secured party in the event a borrower defaults on the payment obligations. After default, a secured party may utilize available remedies, such as repossession, setoff, foreclosure, and private or public sale of collateral.
- Tax LawA trust is a written agreement in which one party, known as a grantor or settlor, gives another party, the trustee, the right to hold and manage property or assets for the benefit of another. There are many different kinds of trusts that can be drafted to ensure the grantor’s wishes are met and to plan for a wide variety of situations. Trusts are often used for tax planning, to provide for an individual with special needs, to preserve assets for future generations, and to ensure privacy by avoiding probate. With years of experience in drafting custom trust agreements of all kinds, PLDR attorneys can assist you in tailoring a trust that meets your needs and objectives.