Whetzel, Derrick W

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Phone: (540) 437-0019

Address: 3190 Peoples Dr, Harrisonburg, VA 22801

Website: http://botkinrose.com

Whetzel, Derrick W

Family Law

Divorce
Child Custody and Visitation
Swiger v. Swiger, CL 15-753 (Frederick County Cir. Ct. Mar. 29, 2016) (granting Division Superintendent’s Motion to Quash witness subpoena in child custody proceeding in which the Division Superintendent had no knowledge of the parties, their children or circumstances of the proceeding and directing instead that the Division Superintendent appear via telephone conference for a few minutes during the trial to explain school attendance areas)
Adoption

Criminal Law

Wrongful Death
If you have been seriously harmed or injured through the negligence of another, BotkinRose offers professional, and personal representation to help you achieve the maximum recovery you deserve.
Restraining Order

Business and Corporate Law

Mergers and Acquisitions
BotkinRose provides advice to clients with regard to a full range of legal issues arising in connection with the formation and day-to-day operation of business organizations. Recognizing the complexities faced by our clients in the current business environment, our approach is multidisciplinary. As appropriate, our team includes attorneys with expertise in those areas of law relevant to the particular representation. We provide clients with sophisticated business and corporate structuring advice in connection with a broad range of transactions, including business formations and choice of entity, mergers and acquisitions, financings, sales and exchanges, and compliance and controversy advice.
Business Disputes
Kevin Rose’s practice is diverse, encompassing general civil litigation, environmental, construction, contract disputes, land disputes, and personal injury. Typical clients represented by Mr. Rose include individuals and businesses that have contract and other civil disputes, or that are trying to avoid such disputes with proactive contracting and legal advice. Mr. Rose often handles complex legal matters that put to use his background in both engineering and law.
Construction Contracts
BotkinRose provides a full range of legal services for general contractors, developers, builders, and architects, including the following: (1) we advise and advocate for developers and contractors in obtaining zoning variances; (2) we advise builders and contractors about construction change orders; (3) we represent companies by drafting and finalizing construction contracts with owners, general contractors, governments, sub-contractors, architects, and other building trades businesses; (4) we arrange for placing, bonding, and discharging mechanics’ liens; and (5) we negotiate agreements between financial institutions and developers to secure project funding.
Trade Secrets

Employment Law

Workers Compensation
Employment Discrimination
Employment Contract
Williams v. Charlottesville School Board, 940 F. Supp. 143 (W.D. Va. 1996), aff’d. 149 F.3d 1172 (4th Cir. 1998) (Fourteenth Amendment constitutional and civil rights § 1983 and employment contract claims involving teacher performance as well as supervisory role of Virginia school board following almost week-long, public grievance dismissal hearing and also state court proceedings)
Employment Litigation
Tazewell County School Board v. Gillenwater, 241 Va. 166 (1991) (employment litigation over the proper application of the Commonwealth's teacher grievance procedure/regulations, with favorable decision for the school board) (amicus curiaeappearance for the Virginia School Boards Association)
Non-compete Agreement

Property Law

Real Estate Litigation
Despite only joining BotkinRose in 2017, Joel’s career has been rich with experience. While he maintains an added focus on education law as a member of the Virginia Education Law Group, and civil litigation, Joel has successfully represented a diverse array of clients in matters ranging from local government, commercial and residential landlord-tenant disputes, collections, stock and asset purchases, real estate litigation, commercial litigation, collaborative family law, estate and tax planning, and estate litigation. Joel also serves as the Assistant Town Attorney for the Town of Broadway, Virginia, he is a juvenile Guardian ad litem in Harrisonburg and Rockingham County, and he is a Certified Collaborative Family Law Practitioner. Outside of work, Joel is active in his neighborhood and community and otherwise enjoys spending time with his family, visiting his alma mater, Bridgewater College, or attending East Rockingham High School football games, where he formerly served as an assistant football coach.
Construction Litigation
The construction litigation practice at BotkinRose understands the issues and complexities surrounding major building projects. We speak your language; with strong backgrounds in real estate, finance and contract law, in-depth knowledge of local regulations and legislation, and real-world experience in related areas of engineering and construction management, we help clients in litigating and arbitrating complex construction disputes. Our attorneys have vast experience in the prosecution and defense of all types of construction claims brought by or against owners, developers, contractors, subcontractors, architects, construction managers, suppliers, manufacturers and design professionals.
Real Estate Transactions
Dusty advises businesses and individuals on a variety of matters, including business entity choice, sale and purchase transactions, and succession planning; residential, commercial and farm real estate purchase and sale transactions and land division; contracts and commercial law; wills, trusts, estate planning, probate and estate administration; elder law, long term care planning, Medicaid eligibility and special needs trusts; tax matters and tax-exempt organizations.
Eminent Domain
Easement
Land Use and Zoning
BotkinRose attorneys regularly assist clients with a variety of land use issues, including (1) re-zoning land for another purpose, (2) obtaining a special use permit so that the property can be better utilized; (3) dealing with a notice of a zoning violation; and (4) subdividing land. We can advise you on the best way to accomplish your goals and assist you, step-by-step, through the process.
Landlord-Tenant Disputes

Health Law

Personal Injury
When personal injury victims negotiate directly with insurance companies without a lawyer, full and fair compensation is rare. We will guide you through the process, explain your rights, and work to obtain a fair settlement for you short of trial. However, if the insurance company will not agree to a fair settlement, we will aggressively represent you at trial to protect your legal rights.
Medical Malpractice
Auto Accidents
Social Security Disability
Crisp v. Bridgewater College, No. 96-0141(H) (W.D. Va. 1997) (Bench Op.) (ADA private employment discrimination case raising estoppel issue for inter-relationship between ADA and social security disability status and related issues, with judgment for the college employer)
Disability Discrimination
Procuring settlements for employee-plaintiffs for wage, overtime, contract, sex discrimination, race discrimination, disability discrimination, retaliation, and whistleblower claims

Trusts and Estates

Estate Planning
If you are involved in the administration of the estate of someone who has died, BotkinRose can guide you through the often misunderstood probate process. If you have lost a loved one and you need assistance with settling the estate, whether the loved one had a will or not, our attorneys can assist you with estate administration. If you have been appointed as an executor under a will, we can assist you with the probate process, which may include probating the will, qualifying as executor, filing an inventory and accountings with the Commissioner of Accounts, settling debts of the estate, distributing assets, etc. If you have been named as a trustee under a trust, we can assist you with administering the trust, which may include avoiding court supervision, filing trust tax returns, exercising powers of appointment, and distributing trust assets to beneficiaries.
Wills
Matthew W. Light provides practical and knowledgeable advice to individuals, businesses, and localities on a wide variety of legal topics. Both a versatile general counsel and a skilled technician, Mr. Light is a valued counselor who assists clients with corporate and general business matters, contracts, real estate, succession planning, and a broad assortment of financing, purchase, and sale transactions. Mr. Light offers estate planning services that vary from simple wills to complicated trusts with sophisticated tax planning. He often guides families through the estate administration process. Mr. Light also enjoys assisting local governments with both general legal needs and the specific needs of municipal financings. He serves as Town Attorney for the town of Broadway. He is an Adjunct Professor of Law at Washington and Lee University School of Law, where he teaches the course on wills and trusts. In 2018, the Rockingham County Circuit Court appointed Mr. Light to be a Commissioner in Chancery.
Trusts
Hewitt v. First Union National Bank, CH01-432 (Frederick County Cir. Ct. 2002), petition for appeal refused (Va. S. Ct. 2002) (defense of scholarship applicant’s suit against educators who served on testamentary charitable trust scholarship selection committee, with judgment for the educator defendants and for separately represented trustee bank)
Power of Attorney
The type of planning you need depends on your goals and concerns, your assets and how they are owned, and your family structure. This planning usually involves a power of attorney, advance medical directive, and a will. BotkinRose attorneys can make sure that your assets pass to the next generation in the most efficient and cost effective manner.
Probate

Finance Law

Bankruptcy
Foreclosure
Tax Law
BotkinRose takes an imaginative but prudent approach to help our clients increase and preserve wealth, for their own benefit and for the benefit of future generations. We have the knowledge and experience to assist clients with all aspects of wills, trusts, probate, gift/estate tax planning, and long term care planning.

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