Practice Areas
The attorneys at GreenbergCostle, PC excel in litigation in a number of different areas of law. GreenbergCostle, PC is a full-service law firm and has a long and successful track record representing and defending clients in criminal, family, and traffic cases.
The information contained on this page is provided for the general information and interest of our visitors. It is not intended to be, and should not be taken as, legal advice, nor does it create any attorney-client relationship. Laws may vary from place to place and from time to time, and legal advice applicable to one set of circumstances may not be appropriate under different conditions. If you have a legal problem, we strongly suggest that you seek the advice of counsel before making any important decisions.
Criminal Defense
Being accused of crime is a pretty daunting experience. Between the accused and the overpowering forces of prosecution stands but a single bulwark--the criminal defense attorney. GreenbergCostle attorneys have been defending persons facing criminal prosecutions, upholding the constitution, and ensuring the fair administration of justice for more than 30 years.
In hundreds of trials before judges and juries in state and federal courts, GreenbergCostle attorneys have defended against charges ranging from drunk driving to embezzlement to capital murder. Some of our cases have gained great notoriety; others have been handled without fanfare. In every case, from misdemeanor to manslaughter, we pride ourselves on thorough investigation, meticulous preparation, and persuasive courtroom advocacy. Our efforts have been rewarded--sometimes in pretrial negotiations, other times at trial, and on several occasions in the appellate courts--by the vindication of the principles of our Bill of Rights and our system of justice, and with gratifying frequency, by the exoneration of decent, law-abiding fellow-citizens.
From street crime to white-collar crime, we believe that every person facing prosecution deserves fair and impartial treatment and effective representation by a devoted advocate. We do our best to see that GreenbergCostle's clients facing criminal charges get nothing less.
Divorce
Spousal support, marital property, child custody, adoption, equitable distribution, divorce, child support, domestic violence. These subjects can be complex and difficult enough to deal with in the abstract. Add the strains brought on by emotional turmoil and conflict, and these issues can become nearly intractable. GreenbergCostle attorneys have been committed to helping solve these kinds of problems for more than 20 years. We strive to defuse emotions and address the issues, always remembering that our job is not to become part of the fight--it is to help bring about lasting and beneficial solutions for our clients and their loved ones. In cases involving the breakup of a family, a GreenbergCostle family lawyer will first address whether or not there is any reasonable possibility of reconciliation. The best "divorce" cases may be the ones that never take place. If the family can be saved, we can help with referrals and follow-up for appropriate counseling, mediation, or therapy.
Where the family cannot be maintained, and the parties must make formal, legal arrangements to resolve their differences, we help the client analyze, evaluate, and appropriately resolve a host of critical issues, including lump sum or periodic support, child custody and visitation, child support, equitable distribution of marital property, responsibility for debts, retirement and insurance coverages, and tax consequences.
Read about No-Fault Divorces.
Civil and Commercial Litigation
Resolving controversies involving our clients is a major element of our practice of law. GreenbergCostle attorneys handle a wide variety of different kinds of disputes in federal and state courts in Virginia, the District of Columbia, and elsewhere. Whether it is a commercial or personal matter, we are committed to solving problems for our clients in a manner that is prompt, fair, and effective.
Because we are a small firm, our clients enjoy the benefits of developing a personal, direct, and confidential relationship with the professional litigators who will handle their cases. GreenbergCostle utilizes the services of an able and supportive staff of legal assistants and staff, but we take pride in the way our experienced litigators take personal responsibility for the preparation and presentation of lawsuits. There are no layers upon layers of support staff to come in between the responsible GreenbergCostle attorney and his or her client. Whatever the nature of the controversy, the goal of GreenbergCostle attorneys is always to advance the lawful objectives of our clients vigorously, expeditiously, and efficiently. We strive continuously to earn our reputation for knowledgeable, honest, courteous, reasonable and zealous representation of GreenbergCostle clients.
Civil Liberties
GreenbergCostle prides itself on being a defender of the civil liberties of its clients. GreenbergCostle attorneys have worked in scores of cases to vindicate the basic principles embodied in our Bill of Rights and to protect the liberties of ordinary people confronted with oppressive, unfair, or discriminatory treatment. This has frequently meant taking unpopular positions and fighting against powerful forces.
Our Bill of Rights, in the words of the late Justice william Brennan, is "a sublime oration on the dignity of man, a bold commitment by a people to the ideal of libertarian dignity protected through law." Its 462 words enunciate legal privileges and immunities which, for the most part, are invoked, and were intended to be invoked, against government, even against the will of the majority. The point that many simply fail to understand is that the broad liberties enshrined in our Bill of Rights themselves place sometimes costly limits on the powers of government. While the costs of upholding constitutional law and order are sometimes dear, and frequently painfully visible, those who cannot find solace and satisfaction each time one of our basic guarantees is given effect, even if at a significant cost, have missed--or perhaps forgotten--something wonderfully inspiring in the enduring principles of liberty which are nowhere better expressed than in the first ten amendments to our Constitution.
GreenbergCostle attorneys have successfully fought to preserve and protect these cherished liberties through the years. We have sought justice for persons falsely accused of crime; for suspects mistreated by law enforcement officers; for individuals discriminated against because of race, religion, sex, or national origin; for prisoners subjected to cruel and inhuman punishments; for citizens denied their rights to freedom of speech, religion, travel and assembly; for men and women denied autonomy over their own bodies and families; and for others subjected to threats and deprivations of their fundamental liberties. We are deeply committed to continuing in this never-ending struggle to preserve the best of our system of laws and justice. There is no higher calling for an attorney.
Business Matters
We have years of hands-on experience advising and representing business clients both large and small. GreenbergCostle attorneys strive to identify and avoid potential areas of legal controversy before they arise whenever possible, and to resolve conflicts promptly, simply, and cost-effectively when they do occur. We represent all kinds of businesses--from sole proprietors and small family-owned businesses all the way to multinational corporations.
A large share of our litigation practice involves commercial disputes. By both advising businesses and representing them in court, GreenbergCostle is in a good position to help clients avoid controversies. Once conflicts have arisen, our experience and knowledge of our clients' business and commercial affairs help us to be more effective in resolving them--whether through negotiation, alternative dispute resolution , arbitration, or judicial process.
Our litigation experience helps us to sensitize business clients to many of the most serious legal pitfalls and hazards facing them, and to develop realistic and effective countermeasures. We emphasize the use of careful planning to guard against the legal liabilities businesses face in courts every day. Our attorneys have helped clients form, govern, and operate dozens of new businesses. We have assisted in the purchase, sale, transfer, and dissolution of many more. We work with our clients to ensure compliance with federal, state, and local governmental requirements, to protect commercial and intellectual property such as trade secrets, to provide for a stable and loyal work force, and to defuse crises when they arise. We also offer annual business checkups to our clients in order to keep business leaders informed and to ward off problems before they turn into lawsuits.
GreenbergCostle attorneys have extensive experience on both sides of employment issues. We have represented both employers and employees in disputes involving racial, sexual, age, and disability discrimination. From this diverse background, GreenbergCostle has the knowledge and experience to advise either management or employee of their respective rights and responsibilities in these difficult and troubling areas and to vindicate those rights, where necessary, in administrative and judicial proceedings.
Personal Injury
If you or a loved one are injured in an accident, you may need professional legal advice and representation to receive the benefits and compensation you deserve. That is where we can help. GreenbergCostle attorneys have decades of experience providing personalized legal attention and obtaining fair compensation for clients injured in industrial, commercial or traffic accidents . GreenbergCostle has obtained recoveries for clients for injuries incurred on the job, in motor vehicle accidents, due to slips and falls, from defective products, from assaults or other criminal actions, arising from unsafe premises, or in a host of other circumstances based on the legal fault of another party,
While assisting clients in coordinating and processing appropriate insurance coverages and other available benefits, we prepare to establish a legal basis for recovery of personal injury damages. We strive for out-of-court settlements whenever feasible, and we emphasize the benefits of alternative dispute resolution methods, such as mediation and arbitration. If and when such efforts for compromise prove inadequate to produce a fair result, we are ready, willing, and able to proceed to trial in order to obtain just compensation for our clients. GreenbergCostle attorneys have been involved in hundreds of trials and settlements involving substantial awards, including several of six or seven figures. We offer free initial consultations for personal injury cases, and our fees are ordinarily contingent on the success of our efforts.
Adoption
GreenbergCostle attorneys also help families grow by assisting clients who wish to adopt a child. While some fairly recent changes in the Virginia Code have made such parental placements easier to accomplish than in the past, pitfalls yet remain. Parents looking to adopt should be well aware of the procedures--and risks--involved. There are also alternatives to adoption. An GreenbergCostle family lawyer can help sort out the options and explain the procedures, requirements, and risks in plain English, then help to make your choice a reality.
Adoption exists only by statute in Virginia. While there are a variety of circumstances in which prospective adoptive parents can adopt a child, this article will address only some of the more important aspects of so-called parental placements.
Parental placement, in short, means the placement of a child in an adoptive home by the child's parent or legal guardian. A married couple or an unmarried individual is eligible to receive placement of a child for adoption. While some fairly recent changes in the Virginia Code have made such placements easier to accomplish than in the past, pitfalls yet remain. Parents looking to adopt other than through an agency should be well aware of the procedures--and risks--involved.
The birth parent(s) or legal guardian of the child may place the child for adoption directly with the adoptive parent(s) only after executing a valid consent to the proposed adoption before a Juvenile and Domestic Relations District Court. That consent will not be accepted until the Court is satisfied that certain requirements have first been met. It must be determined, among other things, that the consent of the birth parent(s), and the decision of the adopting parent(s) to adopt, are informed and uncoerced, and that the parties have exchanged identifying information and any other information necessary to promote the welfare of the child. Any financial agreement or exchange of property among the parties, and any fees charged or paid for services related to the placement, must also be disclosed to the Court; the parties must be found to understand that no binding contract regarding placement of the child can exist. Finally, a licensed or duly authorized child-placing agency must have conducted a home study of the prospective adoptive home and provided the Court with a report containing its recommendation regarding the suitability of the placement.
When the Court determines that all the requirements have been met and the child is at least ten days old, the birth parent(s) must execute their consent to the proposed adoption before the Court in person and in the presence of the prospective adoptive parents.
These requirements may seem daunting enough. The real risk, however, lies in the fact that the consent of the birth parent(s) is not executed until the child is at least ten days old and can be revoked by either consenting birth parent for any reason for up to fifteen days from its execution. For the prospective adoptive parent or parents, whose hopes of adopting have soared upon the birth of the child and who may have already paid for agency and legal fees, medical expenses directly related to the birth mother's pregnancy and hospitalization, and expenses for the medical care of the child, the possible revocation of consent may be too much of a chance to take.
Parental placement adoptions are not necessarily just for gamblers. There are those, certainly, which are finalized without any problems. The point here is that there are alternatives to adoption and adoption procedures, and parents looking to adopt should be aware of those options before becoming involved in a situation that may end in disappointment.
If you are considering adoption, or if you want more information on the subject, we suggest that you contact an attorney with experience in this field. At GreenbergCostle, PC, we will be happy to give you the advice or information you need.
Wills
Nobody really wants to think about death or the need to prepare for that inevitable prospect. If you don't prepare, decisions will still be made for you, for the "law" will step in and fill the gap.
If you make preparations for your death, you can provide for what you prefer to have happen--i.e., your "will." You can also simplify, reduce the cost of, and make more certain the disposition of your estate. Here are a few reasons to plan now for your passing:
Have your property go where you want it to go.
If you do not have a will, your property will pass according to State law. Generally, that means everything to your spouse; if there is no spouse, then everything to your children or their descendants; then parents; then brothers/sisters or their descendants; etc.
While this law is not unreasonable, it is inflexible, making it impossible to provide special gifts to certain individuals or to divide between spouse and children if that is desired. Without a will, it is also impossible to make a gift to a good friend, faithful employee or favored charity.
With a will, you can decide to whom and in what proportions you want your property to go. You may want to provide differently for children with different needs.
Provide for the guardianship of minor children andfor how and when your children will receive your property.
For a parent, the right to nominate the guardian for your children is probably the most important reason for having a will. The last surviving parent can nominate by their will a guardian and alternate guardian for minor children.
Without a will, the court will likely appoint the first suitable person to come forward. That person may or may not be your first choice or might be someone who, while apparently suitable, would be your "last" choice. Two people might come forward for court appointment thus creating the possibility of a "custody" fight that could be avoided by having one person named in the will.
With a will, you can determine who will hold and control the property of your minor children. That person is called a trustee and may or may not be the guardian. The trustee can be given narrow or broad discretion in making expenditures on behalf of your children.
In your will, you can provide that the trust terminates at some age other than legal majority, which is age 18. Many people believe that age 25 or even 30 is a more responsible age for receipt of a substantial amount of money or property. (Do you really believe that 18 year old Johnny is going to save for college, a house or a rainy day? Or might he be tempted to buy a Corvette or take a trip to Las Vegas?)
Select a personal representative.
If you do not have a will, the court will appoint a personal representative (administrator) of your estate. That person may be a family member, a local attorney or a local bank. The personal representative is responsible for collecting the assets of your estate, paying your debts, taxes and expenses, and distributing the balance to your heirs.
In your will, you may designate your personal representative (executor), who should be the person or institution that you want to handle your estate. You can also name alternate executors in case one person later becomes unwilling or unable to serve.
A personal representative ordinarily receives a court-allowed fee in return for administering the estate. A will may save you money if you appoint an executor who decides not to charge the customary 5% commission. A local bank or attorney will surely charge that fee, while a close family member may decline payment for handling your estate.
In a will, you may waive the requirement of surety on the bond of your executor. That is an annual expense paid to an bonding company that you may want to avoid. Without a will, the surety bond is mandatory.
Plan for other important decisions.
Often when considering a will, it is advisable to plan for possible incompetence and for prolonged dying when death is imminent and there is no hope of recovery.
In the case of incompetence, a "general power of attorney" given to your spouse, close friend, or some other trusted person can be used to take care of your business and financial affairs in the event you are unable to do so because you have had an incapacitating stroke or have become mentally incompetent.
To avoid a lingering and expensive dying process, you can execute what is called a "living will." This directs your physician whether or not to take extraordinary measures to artificially prolong your life, when death is near and irreversible. Another alternative is to entrust a loved one with power of attorney to make critical medical decisions for you, if you are unable to do so for yourself.
Spousal support, marital property, child custody, adoption , equitable distribution, divorce , child support, domestic violence . These subjects can be complex and difficult enough to deal with in the abstract. Add the strains brought on by emotional turmoil and conflict, and these issues can become nearly intractable. GreenbergCostle attorneys have been committed to helping solve these kinds of problems for more than 20 years. We strive to defuse emotions and address the issues, always remembering that our job is not to become part of the fight--it is to help bring about lasting and beneficial solutions for our clients and their loved ones. In cases involving the breakup of a family, an GreenbergCostle family lawyer will first address whether or not there is any reasonable possibility of reconciliation. The best "divorce" cases may be the ones that never take place. If the family can be saved, we can help with referrals and follow-up for appropriate counseling, mediation, or therapy.
Where the family cannot be maintained, and the parties must make formal, legal arrangements to resolve their differences, we help the client analyze, evaluate, and appropriately resolve a host of critical issues, including lump sum or periodic support, child custody and visitation, child support, equitable distribution of marital property, responsibility for debts, retirement and insurance coverages, and tax consequences. GreenbergCostle attorneys also help families grow by assisting clients who wish to adopt a child. While some fairly recent changes in the Virginia Code have made such parental placements easier to accomplish than in the past, pitfalls yet remain. Parents looking to adopt should be well aware of the procedures--and risks--involved. There are also alternatives to adoption. An GreenbergCostle family lawyer can help sort out the options and explain the procedures, requirements, and risks in plain English, then help to make your choice a reality.
Read more about why to get a will.