OXENHAM v. JOHNSON

Record No. 900544.

402 S.E.2d 1 (1991)

Thomas H. OXENHAM, III v. Virginia JOHNSON.

Supreme Court of Virginia.

March 1, 1991.


Attorney(s) appearing for the Case

Elisabeth Oxenham Davis (Susan K. Rohde; Thomas H. Oxenham, III; Oxenham, Davis & Rohde, Richmond, on briefs), for appellant.

Barbara J. Gaden, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., William H. Hauser, Sr. Asst. Atty. Gen., on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING, and HASSELL, JJ., and POFF, Senior Justice.


WHITING, Justice.

In this case, we consider whether a trial court properly imposed a sanction upon a lawyer who brought an unsuccessful action and failed to conduct any pretrial investigation of allegedly adverse information. Specifically, we decide whether, and under what circumstances, the Code § 8.01-271.1 duty of "reasonable inquiry" required the lawyer to investigate information opposing counsel gave him indicating that the lawyer's client might not prevail...

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