Peter Burnett was recently selected by the American Trial Lawyers Association as one of the top 100 trial lawyers in Virginia. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership,reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers. Visit Peter’s profile at the American Trial Lawyers Association website

Peter accepted the 2010 Signatures of Loudoun Design Excellence Award and wishes to thank every one involved with the restoration of his family home. A Washington Post article by Nancy McKeon quotes Peter emphasizing the fact that “Many, many of my clients have lost so much more. This loss was not a tragedy, only a bump in the road”  Read the article here  Barn Raising

Jim Williams and Peter Burnett are both members of the Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the U.S. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Fewer than 1% of U.S. lawyers are members. Visit the Million Dollar Advocates Forum website here.

The dangers associated with texting while driving have been well documented over the last several years. Despite state legislation and widespread media attention, too many Virginians remain unyielding to the dangers it presents; not surprisingly, young drivers are increasingly among the offenders.

A recent study by the Pew Internet & American Life Project estimates that 26% of all American teens have texted while driving. Equally, if not more troubling is that nearly half of teens ages 12 to 17 have witnessed someone else texting while driving. These numbers reflect not only an alarming ambivalence among teen drivers, but also indicate that texting while driving may be an increasingly learned behavior.

“[My] dad drives like he’s drunk,” explains one teenaged survey participant, “his phone is just like sitting in front of his face, and he puts his knees on the bottom of the steering wheel and tries to text.” Based on my own experience, this teen’s account is, I am afraid, all too real. Our children clearly recognize and to some extent appreciate the folly we often exhibit as parents, but time has shown again and again, that teens are quite prone to mimicry. Take smoking for instance. Research suggests that children of parent’s who smoke, may have at least twice the risk of becoming habitual smokers by the time they graduate from high school. The same logic applies here, folks.

As each generation becomes increasingly connected through modern technology, this problem will grow exponentially if unchecked. Teenagers do not respond very well to statistics and too often shrug off threats to their own safety. They are, however, likely to imitate the actions of those closest to them. Make certain that you set a good example for the young drivers in your family, and maybe we can begin to curb this awful trend.

DID YOU KNOW?
Only 10 to 20% of children between the ages of 4 and 7 are properly restrained when riding in a car? What makes them safe: a booster seat.

A booster seat raises the child up, ensuring that the seat belt fits properly over the chest and thighs. A standard seat belt, when fastened, falls across the face or neck of a child under 4′9″, leaving him/her vulnerable to severe injuries. Tucking the shoulder strap under the child’s arm is not a safe solution to the problem.

So if booster seats are the answer to the problem of safe car travel for these kids, then why aren’t more kids riding in them? Lack of awareness is likely the answer. That’s why the National Highway Safety Administration named this week, February 12th through the 18th, as National Child Passenger Safety Week in the hope of informing more parents and caregivers of the safe way to travel with small children.

Listed below are four helpful guidelines to help you make decisions about the safety of your kids. For more information, go to boosterseat.gov.

• Use rear-facing infant seats in the back from birth to at least one year of age and at least 20 pounds
• Use forward-facing toddler seats in the back seat from age one and 20 pounds to about age four and 40 pounds;
• Use booster seats in the back seat from about age four to at least age eight- unless the child is 4′9″ or taller;
• Use safety belts in the back seat at age eight or older or taller than 4′9″.

And as of February 12th, the Virginia House of Delegates gave their final approval to a bill requiring children up to eight years old to be restrained in a booster seat while riding in a vehicle. The bill is now on its way to Gov. Timothy M. Kaine for approval.

There is no shortage of bad press when it comes to lawyers. Unfortunately a few bad apples do a pretty good job rotting the entire barrel. It is even more unfortunate that the public is usually unaware of the good deeds undertaken by many fine lawyers, many of whom are friends or neighbors. Such is the case with two outstanding attorneys here in Loudoun County: Elizabeth Whiting and Alex Levay.

The Virginia Law Foundation recently announced the induction of Alex and Liz in their 2006 Class of Fellows at a ceremony on January 19, 2006, in Williamsburg. This honor is bestowed upon less than one percent of the attorneys in Virginia in recognition of commitment to the highest standards of law practice and outstanding contributions to their communities. There were only 18 inductees this year and it is a wonderful credit to the Loudoun County Bar Association that two of its members were chosen. Both Alex and Liz have practiced in Loudoun County for many years and are well recognized within legal circles for their talent as lawyers and their commitment to our community. They are deserving of recognition from the general public they steadfastly have served with great distinction.

In July 2005, a new section of law was added to the Virginia Code that changes the environment for medical malpractice legislation. One of the major changes is the new requirement of a “Certification of Expert Witness Opinion” at the time of service of process of any new lawsuit.

This Certification is “a written opinion signed by the expert witness that, based upon a reasonable understanding of the facts, the defendant for whom service of process has been requested deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed.” In plain English, this means that when a plaintiff serves a medical malpractice lawsuit on a defendant doctor, the plaintiff needs to have obtained a written opinion from another doctor stating that the defendant deviated from the standard of care and that doing so caused the plaintiff’s injuries.

Although the requirement for a Certification is a significant change in Virginia law, it is not a significant change at Burnett & Williams. It is our practice to always consult with a qualified physician when reviewing medical malpractice cases. After all, we are lawyers, not doctors! Only another physician can give an opinion as to whether a case has merit. We believe that having a doctor review a potential medical malpractice case at the very beginning makes good sense- it is important for you, as well as our firm, to know up front whether your malpractice case is likely to succeed. The July 2005 change to the Virginia Code simply put into law a requirement that was already our practice.