Westlake Legal Group v. Flynn
Annotate this CaseClient entered into a written representation agreement with Attorney for legal services. An attorney-in-fact for Client later filed a confession of judgment against Client in the amount of $9,460.07, with interest at eighteen percent from a certain date. Attorney subsequently filed a garnishment suggestion against Client in an effort to enforce the judgment. Client moved the court to enter an order declaring the confessed judgment void nunc pro tunc because of failure to serve it on her as required by Va. Code 8.01-438. Attorney moved to suffer a voluntary nonsuit. The court (1) granted the nonsuit, (2) quashed the confessed judgment nunc pro tunc, (3) ordered payment to Client of all sums held by the clerk by reason of the garnishment, and (4) awarded sanctions to be paid by Attorney to Client as reasonable expenses she incurred by reason of the garnishment proceedings. Attorney appealed the order granting sanctions. The Supreme Court affirmed, holding that Attorney breached his duty imposed upon him by section 8.01-438, and that breach resulted in harm to Client, justifying sanctions.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.