HERBERT V. (BERT) KELLY, JR.

Biography

An accomplished trial lawyer with 30 years experience, Bert has litigated in circuits across the state, in federal district courts, before the Fourth Circuit Court of Appeals and the Virginia Supreme Court.  He has represented both plaintiff and defendants in a wide range of disputes, involving real estate transactions, mechanic's lien and Miller Act claims, products liability/personal injury claims and defense, insurance coverage, professional errors and omissions and pest control inspection.

In real estate matters, Bert has handled thousands of residential settlements, represented borrowers and lenders in commercial transactions from restaurants to shopping centers.  Having personally developed residential subdivisions and multi-family apartment projects, he has covered the spectrum in real estate transactions.

Serving on museum, bank, hospital and non-profit boards, Bert is passionate about his commitment to his community.  He has chaired a $21 million capital campaign for the Virginia Living Museum, served on boards for the Virginia War Museum, Boy Scouts of America and currently serves as Chairman of Wachovia Bank's Peninsula Board of Advisors, Director of Peninsula Habitat for Humanity and Riverside's Rehabilitation Institute.

His expertise in civil litigation has earned him recognition by his peers as Legal Elite by Virginia Business (www.virginiabusiness.com December 2006.)

Practice Highlights

• Successfully litigated employee disputes against a northern Virginia IT company which asserted computer crimes as a defense - the jury returned the highest verdict in York County's history ($4.2 million March 2005)
• Settled a death claim involving a 9 year old asphyxiated by a South Carolina behavioral center counselor ($1.3 million January 2006).
• Represented the owner/developer of a local shopping center in a $52 million permanent loan transaction (2005)
• Represented Hampton University in the acquisition of its site for the construction of the Proton Beam Cancer Treatment Facility (November 2006).
• Represented in excess of 60 realtors in claims for errors and omissions made by clients and customers (2000-2006)

Educational and Professional Background

• Hampden-Sydney, B.A. (1973)
• Marshall-Wythe School of Law (1976)
• Admitted to practice:
  Virginia Supreme Court (1976)
  United States District Court-Eastern District (1979)
  United States Court of Appeals (4th Circuit 1981)
  United States Supreme Court (1985)

Activities and Affiliations

• Newport News Bar Association
• Virginia Bar Association
• Virginia State Bar - Member, Litigation and Real Estate Sections
• Virginia Trial Lawyers Association (1979)
• I'Anson-Hoffman American Inn of Court
• Chairman, Virginia State Bar First District Disciplinary Committee
• Wachovia Bank Peninsula Advisory Board
• Former Chairman, SouthTrust Bank Peninsula Advisory Board
• Former Director, Cenit Bank
• Virginia Living Museum - Former President, 1994-1997, Trustee, 1989-2007, Board of Advisors (2008)
• Member, Board of Advisors, Boy Scouts of America (Colonial Council)
• Director, Riverside Rehabilitation Institute
• Former Director, Virginia War Museum
• Director and Counsel, Peninsula Habitat for Humanity
• Director, Advex Corporation
• Member:  Virginia Peninsula Association of Realtors Risk Management Committee

Publications/Seminars

• Panelist for numerous workshops and seminars addressing realtor duties owed to clients and the public at large
• Author:  The Risk of Non-Disclosure; an article focusing on a realtors duty to disclose material facts related to a residential real estate transaction (December 2006)
• Author:  Mold Claims Against Landlord; an article addressing a landlords exposure to mold claims following 2007 amendments to the Virginia Residential Landlord Tenant Act (November 2007)

Recognition/Awards