In a February 18, 2025 unpublished opinion overruling the Circuit Court of Loudon County, the Court of Appeals of Virginia confirmed that under Va. Code § 8.01-271.1, an attorney facing sanctions must be afforded notice and the opportunity to be heard before the trial court may award sanctions against him.
In AQM Golam Faruque, et al. v. Fazle Bhuiyan, et al., No. 1682-22-4, the Court of Appeals vacated the entry of attorneys’ fees sanctions against attorney Joshua Grossman for his motion to disqualify defendant’s counsel. The Court of Appeals reasoned that, because the circuit court raised the issue of sanctions sua sponte at a hearing at which Mr. Grossman was not present, and because no written motion for sanctions had been submitted prior to the hearing, Mr. Grossman had not been afforded notice and the opportunity to be heard on the issue. Accordingly, the Court of Appeals reversed and vacated the imposition of $5,719.50 in attorneys’ fees against Mr. Grossman by the trial court.
Read the full article by Colin Neal on the Legal Ethics Blog.