Timothy R Johnson

Our office is a litigation and trial law firm serving Clarke County and the surrounding areas of the Shenandoah Valley. Our diverse experience in criminal, business, and other civil litigation matters positions us to deliver high-quality representations, and compassionate legal services to our clients. We also offer estate planning and business advisory & transactional services to residents and business located within Berryville or Clarke County.

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Timothy R. Johnson is the owner-attorney managing and providing legal services through The Law Offices of Timothy R. Johnson, PLC.

Mr. Johnson was born and raised in New Jersey, but fell in love with Virginia when he attended James Madison University for college. After graduating from JMU, he attended New York Law School where he interned for and eventually was hired by a small, highly-successful law firm located in the Financial District of Manhattan practicing in high-risk commercial litigation, felony criminal, police misconduct, and catastrophic personal injury cases. During law school, Mr. Johnson also interned for the United States Attorney's Office Civil Division. In 2015, he moved to Fairfax County and opened this law office in Alexandria, VA. After serving the Northern Virginia community for three years, he moved to Clarke County where he re-opened this law office.

• Contingent Fees
  Personal injury cases, limited conditions for special education cases
• Rates, Retainers and Additional Information
  Criminal and Juvenile cases I typically perform on a flat-fee basis; Other matters where I charge by the hour, I charge $250+ depending on nature of case.

New Jersey

2013-2014

New York

2014-2014

Virginia

Since 2014

Principal Attorney

The Law Offices of Timothy R. Johnson, PLC

2014 - Current

Legal Intern (June 2011 - May 2013) / Associate (May 2013 - December 2014)

Mangan Ginsberg LLP

2011 - 2014

Summer Intern

United States Attorney's Office (Civil) - EDNY

2012 - 2012

New York Law School

J.D. (2013)

2010 - 2013

Honors: Graduated Cum Laude (GPA 3.65) Awarded for Outstanding Service to NYLS Law Review (2013)

Activities: Online Staff Editor of New York Law School Law Review John Marshall Harlan Scholar affiliated with Center for Business Law and Policy, and Center of International Law Co-Founder of NYLS Trial Competition Team Member of Vis International Commercial Arbitration Moot Court Competition Team Teaching Assistant for Criminal Law and Torts

James Madison University

B.A. (2010) | Justice Studies - Criminal Justice

2006 - 2010

Honors: Graduated cum laude (GPA: 3.6)

Activities: Subject-Area Honors Student

Virginia State Bar  # 87673

Member

Current

Fundamentals of the Virginia Freedom of Information Act, Lawline CLE, Webinar

June 11, 2018

Lawline.com

https://www.lawline.com/course/fundamentals-of-the-virginia-freedom-of-information-act All states, the federal government, and the District of Columbia have their own public records law to enable public access to governmental activity. With so much information available, litigators would be wise to take advantage of these sources as another tool for discovery that could bolster their cases either directly or indirectly. Additionally, many public records laws establish independent causes of action against non-compliant public agencies. Therefore, knowing how to use public records laws can be to your client‘s advantage. Using the Virginia Freedom of Information Act as the primary example of a public records law, and by referencing other state public records laws including the federal Freedom of Information Act, this presentation will provide a nuts-and-bolts approach to understanding these laws‘ structural frameworks, their purposes, and practice tips of how to use them. The program, presented by Virginia attorney Timothy Johnson, will also provide samples of public records requests, and discuss typical problems public record requesters run into.

Fundamental Business Law for Small Business Owners, Berryville Main Street Lecture Series, 23 E. Main Street, Berryville, VA 22611

April 23, 2018

Berryville Main Street

https://www.facebook.com/events/1808043692585813/ Lectured regarding typical legal issues that affect small business owners ranging from bankruptcy to employment law to business torts and many other practice areas

Lecture in Disability and Justice Seminar, James Madison University Justice Studies Course: Disability and Justice, Web-Conference

October 27, 2016

James Madison University

Discussed involuntary civil commitment process in Virginia

The Freedom of Information Act and its Impact on Local SEACs, Webinar, Webinar

November 24, 2015

Parent Educational Advocacy Training Center, Inc.

https://www.youtube.com/watch?v=yoUewsUqYh4

Special Education: Between a Rock and a Hard Place, James Madison University

October 27, 2016

Presented by Timothy R. Johnson

https://prezi.com/z5mgjljngjjm/special-education-between-a-rock-and-a-hard-place/

Court-Appointed Attorney (Misdemeanors)

Virginia Indigent Defense Commission

Q. Can a bank sue me for overdraft charges from November 2010? Received a phone call yesterday saying I will be served.

January 22, 2019

A: They can sue you, but you will probably maintain a strong defense that the claim is past the statute of limitations, unless you acknowledged the debt on the phone call.

Q. If I never had a write up and never been in trouble at work not once and how can you get fired if some one lies on you ?

December 7, 2018

A: An employer can fire you for any reason at all in Virginia unless you have a contract or the reason behind firing you was based on unlawful discrimination (race; religion; gender; age; etc.). If an employer heard about you through another employee, regardless whether it was true or not, the employer can fire you without any repercussion.

Q. Virginia Non Stock Corp. Can a BOD director put a non- expiring or maybe an annual proxy in place?

December 6, 2018

A: The first thing to check is the entity's articles of incorporation and by-laws to see what, if any, restrictions are placed on proxies. Generally, those rules will control the issue.

If there is nothing limiting the use of proxies, then Virginia's Non-stock Corporation Act rules on proxies applies.

A BOD director can put a proxy in place via an appointment form or other statement making clear such appointment. Without an express time limitation on the appointment, the proxy is designated for 11 months. The proxy can theoretically be appointed without a time limit expiration if clearly stated so, but it should be known that it can still be revoked by the member appointing the proxy at any time (absent "irrevocable proxy" rules that kick in in limited circumstances).

I am not sure I understand your second question regarding how the proxy can designate others to act as proxies. The only persons who can appoint proxies are the principal members of the organization themselves. A proxy cannot usurp those principals' authorities to appoint his/her own proxies of those principals.

Similarly in response to your third question, if I understand it correctly, if the proxies who are there were not appointed by their respective members, then they are not valid exercises of those members' voting powers (and possibly fail to establish quorum). ... Read More