David E. Bateman

Top rated Estate & Trust Litigation attorney in Fairfax, Virginia

Rathbun Bateman, P.C.
David E. Bateman
Rathbun Bateman, P.C.

Practice Areas: Estate & Trust Litigation, Business Litigation, Civil Litigation; view more

Licensed in Virginia since: 2007

Education: Regent University School of Law

Selected to Super Lawyers: 2025
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Rathbun Bateman, P.C.

10427 North St
Suite 200
Fairfax, VA 22030 Visit website

Details

Mr. Bateman is an aggressive, results-driven, trial lawyer who enjoys helping his clients succeed.  Mr. Bateman’s practice is dedicated entirely to civil litigation in areas that include real estate and title, trusts and estates, business, collections, contracts, fraud, and divorce and custody.  For more than a decade, Mr. Bateman has helped clients to resolve complex disputes both inside and outside the courtroom.  Because his clients range from national lending institutions to small business and individuals, he excels in tailoring common-sense solutions to each client’s specific problem.  He is responsive, dedicated, and strategic.

Mr. Bateman is recognized by the The National Trial Lawyers as one of the “Top 10 Probate and Estate Trial Lawyers” in Virginia, and he has appeared as a disguished guest on the television show Probate Nation to discuss estate related litigation.  Mr. Bateman currently serves as an officer and member of the Virginia State Bar’s Fifth District Disciplinary Committee, which regulates and reviews complaints of lawyer misconduct. He serves as a arbitrator on the District of Columbia Bar’s  Attorney Client Arbitration Board, where he has presided over fee disputes in the tens of millions of dollars.  And he serves as a committee member of the Fairfax County Bar Association’s Circuit Court Committee.  Mr. Bateman is the recipient of the Virginia Trial Lawyers Association’s Trial Advocacy Award and his work has been widely featured in the Virginia Lawyers Weekly.

Practice areas

Estate & Trust Litigation, Business Litigation, Civil Litigation: Plaintiff, Real Estate: Business

Focus areas

Will Contests

First Admitted: 2007, Virginia

Professional Webpage: https://rathbunbateman.com/attorneys/david-e-bateman/

Bar/Professional Activity:
  • Arbitrator, DC Bar Association Attorney Client Arbitration Board.  Adjudicated fee disputes between lawyers and clients.  In one particular matter, disputed fees exceed $20,000,000.00., 2024
  • Virginia State Bar, Fifth District Disciplinary, Officer/Secretary, 2024
  • Fairfax Bar Association, Circuit Court Committee Member, 2024
  • Virginia State Bar, Fifth District Disciplinary Committee Member, 2023
  • Fairfax Bar Association, Circuit Court Committee Member, 2023
  • Arbitrator, DC Bar Association Attorney Client Arbitration Board, 2023
  • Fairfax Bar Association, Circuit Court Committee Member, 2022
  • Arbitrator, DC Bar Association Attorney Client Arbitration Board, 2022
  • Fairfax Bar Association, Circuit Court Committee Member, 2021
  • Arbitrator, DC Bar Association Attorney Client Arbitration Board, 2021
  • Fairfax Bar Association, Circuit Court Committee Member, 2020
  • Arbitrator, DC Bar Association Attorney Client Arbitration Board, 2020
  • Fairfax Bar Association, Circuit Court Committee Member, 2019
  • Arbitrator, DC Bar Association Attorney Client Arbitration Board, 2019
  • Fairfax Bar Association, Circuit Court Committee Member, 2018
  • Fairfax Bar Association, Circuit Court Committee Member, 2017
  • Fairfax Bar Association, Circuit Court Committee Member, 2016
Verdicts/Settlements (Case Results):
  • Julie Shelton v. Blair Gershenson (Fairfax Cir. Ct. Case. No. 2023-11873).  Verdict: Defendant: $37,216.   Failing to Provide Keys Constitutes Ouster. In this partition action, Plaintiff and Defendant jointly owned a townhome in Centerville, Virginia.  Plaintiff filed a partition action, claiming that she was entitled to equitable adjustments in her favor of approximately $160,000 as the result of her sole payments of the mortgage between November 2020 and September 2024.   Defendant conversely claimed that she was entitled to equitable adjustments of approximately $26,000 representing her down payment for the property and $14,600 for the fair rental value of the property.  Specifically, Defendant asserted that Plaintiff's interest should be charged with the fair rental value because Plaintiff solely occupied the property from November 2020 until September 2024 and, during the same period of time, Plaintiff rebuffed Defendant's numerous requests for a key to the locks on the property.  Plaintiff countered that she was under no obligation to provide keys to the Defendant.  She argued that hte locks were installed by Defendant prior to moving out of the home, and therefore, any exclusion was facilitated by Defendant's own conduct rather than Plaintiff's.   The Court concluded that Plaintiff committed an ouster by refusing to provide keys to the locks after receiving notice and requests from Defendant.  Accordingly, the Court awarded Defendant $26,216 as and for her down payment and $11,000 in imputed rental income.  The Court further ordered that the remaining proceeds from the sale of the Property be divided evenly between Plaintiff and Defendant., 2024
  • De Perrin v. Adrian Bailly, Fairfax Cir. Ct. Case No. 2024-7965.  Claim: $3,000,000.00.  Verdict: Defendant, plus $16,614.80 in sanctions and attorney's fees.  I defended a trustee (defendant) against the claims of a trust beneficiary (plaintiff).  Plaintiff claimed that defendant misappropriated trust assets and violated the terms of the trust and a marital agreement with the deceased settlor.  Defendant claimed that plaintiff's claims were barred by res judicata.  The Court concluded that the claims were barred and sanctioned defendant for the filing., 2024
  • Doriann Thomas v. Ryan Joseph Fitzpatrick, et al. (Fairfax Cir. Ct. Case No. 2022-8924) Claimed: $4,000,000.00 (in real estate). Settlement: $45,000.00 I represented a defendant, Architectural Systems, Inc., in the above-referenced real estate matter.  On the basis of an alleged fraudulent deed, Plaintiff claimed to be the title owner of real estate (valued at approximately $4,000,000.00) that was owned by a former NFL quarterback and his wife.  After two years of litigation, the case was settled for $45,000.00 and an order confirming title to the quarterback and his wife., 2024
  • M & S of Southampton, LLC v. Mary Lee Powell, (Suffolk Cir. Ct. Case No. 23-2751).  Plaintiff verdict: Adverse Possession and Quiet Title to Real Property.  I represented Plaintiff in an adverse possession matter involving a two-story apartment building locate in the City of Suffolk.  Commissioner in Chancery entered judgment in favor of Plaintiff., 2024
  • Woodbridge Glass Company, Inc. v. McIntyre, Prince William Co. Cir. Ct. Case No. (CL24-2142).  Claimed: $682,126.30 ($332,126.30 compensatory and $350,000 punitive).  Verdict: Judgment: $682,126.30 ($332,126.30 compensatory and $350,000 punitive). I represented a glass company (plaintiff) against its former employee (defendant).  The Court found that defendant had engaged in a scheme to embezzle funds from plaintiff and entered judgment for fraud, conversion, and breach of fiduciary duty., 2024
  • Perrin v. Doherty, et al., (Fairfax Case No. CL24-5681).  Claimed: $3,000,000.00 (Value in Trust) Judgment: Defendant.  I represented a Trustee (defendant) of a trust.  The trust was comprised primarily of World War II memorabilia, including valuable machine guns and other collectables.  The case was dismissed with prejudice at a plea in bar on the basis of res judicata., 2024
  • PWC Innovation Research 1, LLC v. iQGenetix, LLC, Prince William Co. Cir. Ct. CL2300785200.  Claimed: $800,000+.  Result: Nonsuit ($0.00) I defended a former member (Bellano) of a limited liability (LLC) against fraudulent conveyance and statutory business claims of a plaintiff (Landlord).  Landlord entered into a lease with LLC for the lease of real property.  Landlord later sued LLC, claiming that it had distributed all its assets to its members in anticipation of breaching its lease agreement.  Plaintiff obtained judgment against company and settled with various members of the LLC.  But Plaintiff nonsuited its claims against Mr. Bellano shortly prior to a ruling was rendered on Bellano's Plea in Bar., 2024
  • De Perrin v. Adrian Bailly, Fairfax Cir. Ct. Case No. CL2023-0656.  Claim: $3,000,000/Declaratory Judgment.  Verdict: Defendant (on six counts); Nonsuit one remaining count.  I defended a trustee of a trust containing WWII militaria memorability and antiques valued at $3,000,000.00.  Plaintiff (beneficiary) sued the trustee and the settlor's estate for various claims including, breach of a marital settlement agreement, breach of fiduciary duty, breach of trust, homestead exemption, family allowance, declaratory judgment, etc.  Six counts were dismissed on demurrer and plea in bar.  Plaintiff nonsuited the remaining count (breach of trust) on Day 1 of trial., 2024
  • Joemrkt, LLC v. Pharma Solutions, Fairfax Co. Case No. GV24007928-00  Original Claim: $75,000.00. Settlement: $2,500.00 I defended a medical company (defendant) against a contractor (plainitff) that provided marketing services.  Plaintiff originally claimed that defendant owed plaintiff $75,000.00 under a contract.  Defendant rejected the claims.  Plaintiff ultimately sued for $25,000 in the general district court.  Parties ultimately settled for $2,500.00., 2024
  • Arnold v. KVS Title, LLC, D.C. Super. Ct. Case No. 2023-CAB-5472.  Claim: $900,000.00 Verdict: Defendant. I defended a title insurance company (defendant) against the claims of a creditor (plaintiff).  Plaintiff asserted that his debtor, (debtor), sold a house without paying off his judgment.  Defendant extended a title insurance policy to the purchaser of the real property.  Plaintiff asserted claims against defendant for fraudulent conveyance, fraud, negligence, breach of fiduciary duty, civil conspiracy, violation of consumer protection act, punitive damages, declaratory judgment, and injunction.  Court ruled for Defendant on a motion to dismiss., 2023
  • Kositzka Wicks & Co. v. Alfred C. Fick, et al., Case. No. CL2021-2071 (Fairfax 2023) (J. Devine). Claim: $999,050, plus fees and interest. Verdict: $999,050, plus $96,000 in attorney's fees and interest. I represented a beneficiary (plaintiff) of a trust against the trustee (defendant).  Plaintiff claimed that defendant failed to take reasonable action to distribute funds of the trust to plaintiff prior to plaintiff's death.  As a result, plaintiff's distribution lapsed under the terms of a predeceased beneficiary clause in the trust.  The Court concluded that defendant breached its fiduciary duty to plaintiff by failing to: send a copy of the trust to plaintiff; notify plaintiff he was a beneficiary; obtaining funds from the decedent's estate; understand the terms of the trust; prudently administer the trust under its circumstances and terms., 2023
  • Chanthamixay v. Chanthamixay, Prince William Cir. Ct. Case No. CL22010011-00 (J. Horan) Claim: $1,500,000 (approximate value). Verdict: Defendant.  I represented the administrator of a decedent's estate (defendant) in an action brought by Thai citizen (plaintiff).  Plaintiff claimed that she was the spouse of the decedent, and accordingly, entitled to one-third of his estate as an elective share.  Plaintiff also asserted claims for breach of fiduciary duty, elective share, homestead exemption and family allowance against the Administrator.  Defendant asserted that plaintiff was not the wife of the decedent, and in any event, her claims were otherwise barred by her abandonment of the decedent.  Court concluded that plaintiff failed to prove a marriage, and in any event, was barred by her abandonment of the decedent prior to his death., 2023
  • Goossen v. Infill by Design, LLC Court: Fairfax County Circuit Court Case no.: CL2021-16093 (J. Oblon).  Claim: $675,000.00 Verdict Amount: $675,000.  I represented the purchasers of a home (plaintiff) against the builder and his development company (defendants).  Plaintiff claimed that defendants fraudulently induced purchasers to purchase a home by misrepresenting the existing status of building and occupancy permits for the property and concealing the existence of a stop work order issued by Fairfax County.  Court found that the defendant had defrauded plaintiffs and otherwise violated the Virginia Consumer Protection Act.  Published in Virginia Lawyer's Weekly., 2023
  • Nelbach v. Nelbach, 291 A.3d 1129 (D.C. App.).  I represented the a remainderman in a claim for waste in both the underlying litigation and on appeal.   In a case of first impression, D.C. Court of Appeals interpreted a centuries-old waste statute in a published opinion., 2023
  • David Gawrylowicz v. David G. Hoffman, et al., Fauqier Co. Cir Ct. Case No. CL22-107 (J. Fisher) Claim: Declaratory Judgment (property value est. $1,300,000) Verdict: Plaintiff (setting aside fraudulent conveyance), plus $40,000 in attorney's fees.. I represented a creditor (plaintiff) against a debtor (debtor).  Plaintiff asserted that debtor fraudulent conveyed his home (valued at approx. $1,300,000) to himself and his wife in an effort to avoid the attachment of a judgment.  Court concluded that the conveyance was fradulent, set aside the conveyance, and ordered the sale of the property to satisfy plaintiff's judgment lien.  Court further awards attorney's fees of $40,000.00., 2023
  • Estate of Chanthamixay v. Guss, Albemarle Co. Cir Ct. Case No. CL2021-1478.  Claim: Partition (est. value $237,845) Verdict: Plaintiff ($209,304) I represented a tenant of real property (plaintiff) against a cotenant owner (defendant).  Plaintiff asserted a claim for partition and equitable adjustments of property.  Defendant asserted that she was entitled to an equal portion of the equity of the property.  The Court rejected defendant's claim and awarded 88% of total equity to Plaintiff., 2022
  • David Gawrylowicz v. David G. Hoffman, Fairfax Cir. Ct. Case No. 2020-2576 (J. Bellows) Claim: $15,000.00 compensatory; $150,000.00 punitive; plus attorney's fees. Verdict: $15,000.00 compensatory; $150,000.00 punitive; plus $82,500.00 attorney's fees. I represented the administrator (plaintiff) of an estate of a decedent (former client) against the former client's attorney (defendant).   Plaintiff claimed that defendant obtained funds and estate documents from former client when former client resided in a memory care unit and suffered from dementia and other severe cognitive impairments.  Plaintiff sued defendant for fraud, undue influence, conversion, and breach of fiduciary duty.  Court awarded judgment in favor of plaintiff and rescinded all the estate documents., 2022
  • Achilles Papadatos v. Siramander Singh, et al., Fairfax Cir. Ct. Case No. 2021-10725 (J. Shannon) Claim: Declaratory Judgment (appox value $1,500,000). Verdict: Plaintiff, plus $50,513 in attorney's fees. I represented a creditor (plaintiff) against a debtor (defendant).  Plaintiff claimed defendant fraudulent conveyed two parcels of real property to her children to avoid the attachment and enforcement of plaintiff's judgment lien against her.  Court agreed and entered a declaratory judgment, setting aside the two conveyances and ordering the sale of the properties to satisfy plaintiff's judgment lien (approx. $200,000).  The Court further awarded $50,513 in attorney's fees to Plaintiff., 2022
  • American Management of Virginia, Inc. v. Capitol Companies, Inc., et al., Prince William Co. Cir. Ct. Case No. 22-1550.  Claim: $11,000,000.00 Settlement: Nonsuit.  I represented a former employee (defendant) against the claims of her prior employer (plaintiff).  Plaintiff asserted that defendant tortuous interfered with its contracts and plaintiff's business expectancy when plaintiff joined defendant's company and plaintiff's customer's followed.  After protracted litigation, Plaintiff was subsequently nonsuited its claims prior to trial.  (Plaintiff did not refile its claims). , 2022
  • Hands 4 Hire, LLC v. Kivilighan, Arlington Co. Cir. Ct. Case No. 2019-2006 (J. Newman) Claim: $47,560 Verdict: Defendant (plus $12,966 in sanctions). I defended a homeowner in an action brought by a contractor (plaintiff).  Plaintiff entered into a contract with a prior owner to provide remodeling services for a home.  Prior owner sold the property to defendant.  Plaintiff asserted defendant was personally liable for the unpaid contract and sought to enforce its mechanic's lien against the property.  Defendant asserted that it was not liable, and in any event, an affirmative defense that plaintiff failed to obtain the proper licenses.  The Court entered judgment for defendant and sanctioned plaintiff and his counsel under Virginia Code 8.01-271.1., 2022
  • Frederick William Taylor v. Rebekah Elizabeth Taylor, Fairfax Cir. Ct. Case No. CL2016-11695. Claim: Custody Change Settlement: Custody Changed I represented a mother (plaintiff) seek a custody modification against a father (defendant).  Plaintiff claimed her three children should be moved to her home in Indiana rather than continue to reside with their father.  In particular, Mother claimed that father had inflicted physical and mental abuse upon the children.  Three days prior to trial, the parties settle the matter.  The Court award custody of the children to Plaintiff and authorized their relocation to Indiana., 2022
  • Ziaur Rahman v. Syed Bashar, Fairfax Cir. Ct. Case No. 2020-14515.  Claim: $250,000 compensatory; $225,000.00 punitive. Verdict: $250,000 compensatory; $75,000.00 punitive; $20,000 attorney's fees. I represented a investor (plaintiff) against an investment broker (defendant).  Plaintiff claimed that defendant embezzeled funds from plaintiff and asserted claims for fraud, conversion and breach of fiduciary duty.  The parties reached a settlement pursuant to which the Court entered a consent judgment., 2021
  • Wilson Enterprise, Inc. d/b/a SERVPRO v. Inspiration Plumbing, LLC, Arlington Co. Cir. Ct. Case No-20-1446.  Claim: 207,665; plus attorney's fees. Settlement: $207,665.  I represented a subcontractor (plaintiff) against the contractor (defendant).  Plaintiff and defendant entered into a contract for water remediation services.  Plaintiff subsequently filed an action for nonpayment and to enforce a mechanic's lien. Defendant contractor pays 90% of claimed amount (discounted attorney's fees) in exchange for a dismissal of the litigation and release of the mechanic's lien., 2021
  • Lynn Katchmark v. New Life Christian Church, et al., U.S. Dist. Ct. of Dist. of Columbia, Case No. 21-CV-1278 (RC).  Claim: $2,000,000.00.  Verdict: Defendant.  I defended a contractor (defendant) in a case brought by homeowner (plaintiff) in the US District Court for the District of Columbia.  Plaintiff alleged alleged defects in construction work performed by defendant at plaintiff's home.  The Court granted defendant's 12(b)(6) motion, thereby dismissing Plaintiff's claim. , 2021
  • Samwalk, LLC v. Leckner (Fairfax Cir. Ct. Case No. 2018-11343) Claim: Declaratory Judgment and Partition (est. value $1,200,000) Verdict: Plaintiff  I represented a judgment creditor (plaintiff) against his creditor (defendant) and another judgment creditor (lienor).  Plaintiff sought to partition and enforce its judgment lien against defendant's real property.   Plaintiff further claimed that its judgment lien was superior to the lienor.  Lienor further objected to the release of its lien under any condition.  The Court ordered the sale of the Property, declared plaintiff's lien in priority, and ordered the release of lienor's lien., 2020
  • Skyline West, LLC v. Iglesia De Dios Ministerial De Jesu Cristo, Inc. U.S. Dist E.D. Va. Case No. 1:19-CV-01291.  Claim: $441,844.  Settlement: $262,000.  I appealed the judgment of a lower court on behalf of a commercial tenant (defendant) in a case brought by his commerical landlard (plaintiff).  Defendant (represented by a different attorney) lost the case in general district court and the court awarded judgment for possession and unpaid rent in the amount of $441,844.  On appeal, the matter was settled in favor of tenant for less than 60% of judgment ($262,500)., 2020
  • W.A. Fitzhugh Lee v. Ronald M. Klar, Trustee, Fairfax Cir. Ct. Case No. 2008-14943 (J. Smith), Claim: Declaratory Judgment (Easement),  Verdict: Plaintiff (Declaratory Judgment).  I represented a property owner (plaintiff), in an action against the adjoining property owner (defendant) to enforce an express easement over the defendants parcel.  After a two day trial, the Court confirmed the existence of the easement and enjoined defendant from further interfering with the easement., 2020
  • Joseph Stuart, Guardian v. Susan M. McCullough, Fairfax Cir. Ct. Case No. CL2020-05399 (J. Gardiner).  Claim: 320,484 compensatory damages; 300,000.00 punitive damages.  Verdict: $320,484 compensatory; $1,000, punitive. I represented the administrator (plaintiff) of an estate against a friend (defendant) of a decedent.  Plaintiff claimed that defendant converted a large amount of the decedent's personal funds and sued for fraud, undue influence, breach of fiduciary duty, and conversion.   The Court awarded judgment on each count., 2020
  • Wilson Enterprise d/b/a SERVPRO v. Mishika, LLC d/b/a HOLIDAY INN, Fairfax Cir Ct. Case No. CL2019-10588 (J. Bellows).  Claim: $76,868; Verdict: $76,868, plus $15,000 attorney's fees. I represented a water remediation company (plaintiff) in an action against a hotel operator (defendant).  Plaintiff claimed that it performed water mediation services under a contract, and defendant failed to pay for the services.  The Court entered judgment for breach of contract. , 2020
  • Forge LLC v. Pearson, 101 Va. Cir. 221 (J. Ortiz).  Claim:  $117,500.00. Verdict: Defendant.  I represented the maker of a note (defendant) in an action to vacate a confessed judgment by the creditor (plaintiff).  In a published opinion, the Court held that [1] the confessed judgment amount was erroneous because it was calculated incorrectly and its value exceeded the amount agreed to in the parties' promissory note; [2]-The confessed judgment was not void for the failure to state a claim because confessed judgments were not subject to formal pleading requirements and the confessed judgment met the standards in Va. Code Ann. § 8.01-436 as to form and substance; [3]-The confessed judgment was void ab initio because the court did not have jurisdiction to accept the confessed judgment for an amount that exceeded the parties' agreement; [4]-Because the confessed judgment was void, the debtor's motion to vacate was not untimely under Va. Sup. Ct. R. 1:1., 2019
  • Johnston v. Stephan, 97 Va. Cir. 115 HOLDINGS: [1]-A subcontractor's demurrer to a breach of contract claim was sustained where the subsequent home purchasers sought damages based on a warranty provided for in a contract to which they were not in privity, and no facts showed that the warranty was transferable; [2]-The subcontractor's demurrer as to the consumer protection claim was sustained as it was a commercial entity providing a service to the contractor, and thus, the subsequent purchasers failed to allege that the transaction was a consumer transaction under Va. Code Ann. § 59.1-198; [3]-The subsequent purchasers also failed to allege all of the required elements for a consumer protection action as they had not alleged that the subcontractor misrepresented a material fact or knowingly made a misrepresentation; [4]-The claim that the consumer protection action was time-barred could not be considered via demurrer., 2017
  • Deutsche Bank Nat'l Trust Co. v. Iqbal, 86 Va. Cir. 11 OverviewThe bank alleged it was the current holder of a note secured by the lien of a deed of trust to real property owned by the borrowers. The bank alleged that, through inadvertence, the borrower did not sign the deed of trust. The bank asked that its deed of trust be reformed to include one of the borrowers as a borrower, retroactive to the date of recordation. The bank also asked that the refinance deed of trust be reformed to include the signature of that borrower retroactive to the date of recordation. The court held that it was apparent the bank could not establish that it was entitled to the benefit of a resulting trust. The bank did not pay all or part of the purchase money at the time of the borrowers' purchase of the property. Also, the bank paid off the remaining balance of the purchase money deeds of trust not as its own, but in its capacity as a lender to the borrowers. The court held the borrowers would be unjustly enriched if the bank were prevented by the absence of the signature on its loan documents from foreclosing on its collateral. Thus, the bank was entitled to have a constructive trust imposed on the property. The bank was entitled to equitable subrogation., 2012
Representative Clients:
  • Freedom Mortgage Corporation.  Carter Lumber of Virginia, Inc. v. JK Construction Services, LLC (Va. Beach Cir. Ct. Case No. CL24-2879)., 2024
  • Shellpoint Mortgage Servicing.  Bowman v. Shellpoint Mortgage Servicing, Inc. (Tazewell Co. Cir. Ct. Case No. 23-1048)., 2023
  • Westcor Land Title Insurance Company is a national title insurance company.  Arnold v. KVS Title, LLC, et al., D.C. Super. Ct. Case No. 2023-CAB-005472,, 2023
  • Nationstar Mortgage, LLC.  I represented Nationstar Mortgage regarding the validity of a deed of trust securing real property.  (Nationstar Mortgage, LLC v. Blowe, Newport News Cir Ct. Case No. CL2304190H-00)., 2023
  • Deutsche Bank National Trust Company.  I represented Deutsche Bank in a matter regarding the validity and reformation of a deed of trust.  Deutsche Bank National Trust Co. v. Khan (Loudoun Cir. Ct. Case No. 107CL23004235)., 2023
  • Google Review:   I can't recommend these wonderful people enough. I came to them in shock and grief. They were so kind and understanding and helped me navigate a very difficult time. When my case completely changed direction it left me worried and scared that we may be looking at a long, drawn-out probate dispute. Without blinking, they came up with a solution. I was very shocked that we were able to settle this with a solution I truly believe my Dad would be proud of. Dan listened to me and my needs, and suggested strategies in my best interest. When Dave stepped in, he was understanding and kind. He was able to get a solution with quick thinking and a good understanding of the law. Let's not forget Joan- always helpful and kind. I appreciate all your firm has done for me. I truly believe that this is the best for all parties. Thank you so much from the bottom of my heart!, 2023
  • Google Review: I write today to express my gratitude my gratitude for Mr. David Bateman's guidance and time. Mr. Bateman truly is knowledgeable in his practices for Rathbun Bateman, P.C. He spent time explaining what options and possibilities of the outcome of my case would be which put me at ease. He genuinely care's for future and current clients of his. Thank you, Laura, 2023
  • Avvo Review:  5 Big Stars for Attorney David E. Bateman I needed legal representation when an unlicensed contractor was attempting to extort $25,000 from me for work he did not perform on a construction project in Arlington VA. I now realize the advantage in using a good law firm to handle disputes for my company. I hired David E Bateman from Rathbun/ Bateman in Fairfax VA. He was recommended to me by another happy client he had represented. Mr. Bateman did a phenomenal job. I have been in real estate/ construction for 38 years. Mr Bateman’s knowledge about real estate, contracts and construction astonished me in the courtroom He exhibited terrific listening skills and responded with eloquent and concrete answers that obviously impressed the Judge because he threw the case out and awarded me all legal fees. I highly recommend Dave Bateman. He is the best! He will work hard for you and win your case!! Thank you Lauren Lauren Kivlighan Principal Broker Northern Virginia Real Estate Inc. McLean VA 22101 703-967-1600, 2022
  • Branch Bank & Trust Company.  Cooke v. BB&T, Frederick Cir. Ct. Case no. CL21-221-01.  I represented BB&T in a priority dispute regarding a deed of trust., 2022
  • Google Review:   When swimming in the legal world it is a rarity to find an attorney who is not only experienced and highly competent, but who is also kind-hearted and empathetic to complex and unique situations. David Bateman has a vast array of knowledge as a lawyer to assist in various civil litigation matters including but not limited to contract disputes, divorce, real estate, and business law. David's attention to detail and understanding is a rarity in this fast-paced world that makes a tremendous difference in digesting and ciphering through legal subjects. He is timely with responsiveness and has the ability to think outside the box. If you're looking for someone who will be in your corner and will have your back through anticipated rough waters, David is your go-to guy and will not steer you wrong. I am not only grateful to have the opportunity to work with David, but feel truly blessed. Thank you Rathbun Bateman, P.C. for all that you do!, 2022
  • Google Review: I was in desperate need of an amazing lawyer with very little time to spare. That is exactly what I got. The end results were greater than I expected. I am extremely pleased and will always recommend David to anyone in need. He is the best at what he does. So hard to find these days. Thank you!!! From the bottom of my heart. You have no idea how much you have helped me., 2022
  • Google Review: When I first reached out to David Bateman for his counsel on a legal matter, he spelled out a strategy and made no pie in the sky promises. He walked me through all the potential outcomes of our case. He was thorough and he achieved the best possible outcome given the circumstances. He is also a genuinely good guy., 2022
  • Google Review: Dave Bateman was honest and up front about how our case may or may not go from the very beginning - there were no surprises. He fought hard for us and we ended up winning our case plus awarded attorneys fees. We highly recommend using him., 2021
  • Samsung Electronics, Inc.  I represented Samsung in an action regarding a defective product.  (Sarper v. Samsung Electronics America, Inc. Fairfax Case No. GV21006872-00)., 2021
  • Google Review:   I retained Rathbun and Bateman in late September to assist with a commercial lease issue after multiple attempts at having it corrected with the landlord. During our six month court process...they were completely responsive and made me feel like I was their only client...even though I knew that wasn't the case. Dave Bateman presented my case efficiently and effectively. They were always available to answer my questions (which were many because I've never been in court), and presented me with all options available. After the case was over, he made sure I completely understood what had been granted, presented options, and scheduled a follow-up with me at a later date. As a business owner, having an issue with a landlord during an already stressful time has been daunting. Rathbun and Bateman are top notch attorneys and I will never go anywhere else for legal representation., 2021
Special Licenses/Certifications:
  • Certified Regional Youth Soccer Referee (Grassroots), 2024
  • Fairfax County Circuit Court:  Qualified as expert in the area of lawyer responsibility and fiduciary obligations., 2023
  • US Soccer Referee Certification, 2023
  • Fairfax County General District Court: Qualified to testify as an expert witness on attorney ethics and attorney's fees.  PJI Law, PC v. Ofosu-Appiah (Fairfax Cir. Ct. Case. No. GV22002569-00), 2022
  • Maryland State Bar, 2021
  • US District Court for the District of Columbia, 2017
  • US Bankruptcy Court for the District of Columbia, 2017
  • US Bankruptcy Court for the Western District of Virginia, 2010
  • US Bankruptcy Court for the Eastern District of Virginia, 2010
  • District of Columbia Bar, 2008
  • US District Court for the Eastern District of Virginia, 2008
Pro bono/Community Service:
  • DC Bar Association Attorney-Client Arbitration Board Resolved fee disputes between clients and lawyers., 2024
  • Member, West Springfield Rotary Club, 2024
  • Grace Presbyterian Homeless Project.  This Program, and its members, are dedicated to providing food, clothing, medicine and other essentials to homeless in the District of Columbia at least one time per month.  , 2024
  • Fairfax Bar Association Lawyer Referral Service.  As a member of this service, I provide free 30 minute consultations to public., 2024
  • Judge, John L. Costello National Criminal Law Trial Advocacy Competition. (George Mason Costello)., 2024
  • Regional Youth Soccer Referee. , 2024
  • DC Bar Association Attorney-Client Arbitration Board Resolved fee disputes between clients and lawyers., 2023
  • Fairfax Bar Association Lawyer Referral Service.  (15 consultations to public clients), 2023
  • Judge, John L. Costello National Criminal Law Trial Advocacy Competition. (George Mason Costello)., 2023
  • Grace Presbyterian Homeless Project, 2023
  • Regional Youth Soccer Referee, 2023
  • DC Bar Association Attorney-Client Arbitration Board Resolved fee disputes between clients and lawyers., 2022
  • Judge, John L. Costello National Criminal Law Trial Advocacy Competition. (George Mason Costello)., 2022
  • Grace Presbyterian Homeless Project, 2022
  • Fairfax County Bar Lawyer Referral Service: 20+ client consultations., 2022
  • DC Bar Association Attorney-Client Arbitration Board Resolved fee disputes between clients and lawyers., 2021
  • Judge, John L. Costello National Criminal Law Trial Advocacy Competition. (George Mason Costello)., 2021
  • Grace Presbyterian Homeless Project, 2021
  • Fairfax County Bar Lawyer Referral Service: 20+ client consultations., 2021
  • DC Bar Association Attorney-Client Arbitration Board Resolved fee disputes between clients and lawyers., 2020
  • Judge, George Mason University Jonathan C. Thatcher Trial Advocacy Competition., 2020
  • Fairfax County Bar Lawyer Referral Service: 20+ client consultations., 2020
  • DC Bar Association Attorney-Client Arbitration Board Resolved fee disputes between clients and lawyers., 2019
  • Judge, John L. Costello National Criminal Law Trial Advocacy Competition. (George Mason Costello)., 2019
  • Grace Presbyterian Homeless Project, 2019
Honors/Awards:
  • The National Trial Lawyers has recognized me as one of the "top 10 probate and estate trial lawyers" in the state of Virginia.  The recognition is based solely upon objection and uniformly applied criteria., National Trial Lawyers: Top 10 Probate and Estate Trial Lawyers, The National Trial Lawyers, 2024
  • Avvo: Top Contributor, Avvo, 2024
  • Top Attorney, Avvo, 2024
  • Nominee, Top Lawyers in Virginia, Northern Virginia Magazine, 2023
  • Top Attorney, Avvo, 2023
  • Top Contributor, Avvo, 2021
  • Top Contributor, Avvo, 2020
  • Trail Avocacy Award, Virginia Trial Lawyers Association, 2007
Educational Background:
  • Geoge Washington University Law School, LL.M., with highest honors, 2007-2008
  • Regent University Law School, Juris Doctor, cum laude, 2004-2007
  • Brigham Young University, Bachelors of Arts, German Literature, cum laude  , 2000-2002
White Papers:
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Assocation: Fairfax Circuit Court Manual, 2024
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Assocation: Fairfax Circuit Court Manual, Law, Court, 2023
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Assocation: Fairfax Circuit Court Manual, Law, Court, 2017
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Assocation: Fairfax Circuit Court Manual, Law, 2022
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Association: Fairfax Circuit Court Manual, Law, Court, 2021
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Assocation: Fairfax Circuit Court Manual, Law, Court, 2020
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Assocation: Fairfax Circuit Court Manual, Law, Court, 2019
  • The Fairfax Bar Association Circuit Court Manual contains the policies and procedures of the Fairfax County Circuit Court.  As a member of the Court Committee, we review, propose, and publish changes to Court's existing policies., Fairfax Bar Assocation: Fairfax Circuit Court Manual, Law, Court, 2018
Scholarly Lectures/Writings:
  • This article explains why it is always a bad idea to represent oneself.  Get a lawyer!, Author, Why You Need A Lawyer, Rathbun Bateman Blog, Litigation, 2023
  • I testified as an expert on the fiduciary obligations of lawyer in consulting with clients., Expert Witness, Munhii v. Joiner, Fairfax Cir. Ct. Case No. CL2022-1126., Fairfax County Circuit Court, Legal, Malpractice, 2023
  • I testified as an expert witness in the Fairfax County General District Court on the subjects of ethics and attorney's fees., Expert Witness, PJI Law, PLC v. Ofosu-Appiah, Fairfax Gen. Dist Ct Case. No. GV22002569-00, Fairfax County General District Court, Law, Court, Ethics, 2022
  • I lead a training workshop for mental health professionals regarding domestic relations and divorce issues., Lecturer, Association of Mormon Counselors and Psychotherapists (AMCAP), AMCAP, 2019
  • The Probate Nation is a television program dedicated to addressing probate issues.  I was invited as a guest speaker to discuss abuses and litigation regarding powers of attorney., Guest Speaker, The Probate Nation: Durable Financial Powers of Attorney - Abuses and Remedies Part 2: The Litigation, The Probate Nation, 2018
Other Outstanding Achievements:
  • Avvo 5-Star Average Rating, 2024
  • Google 5-star Rating Review., 2024
  • Avvo: Top Attorney Rating, 2024
  • Google 5-star Average Review, 2023
  • Avvo 5-Star Average Rating, 2023
Industry Groups:
  • Business Litigation
  • Civil Litigation
  • Estate And Trust Litgation
  • Real Estate Litigation

Office location for David E. Bateman

10427 North St
Suite 200
Fairfax, VA 22030

Phone: 703-383-9580

Selections

1 Year Super Lawyers
  • Super Lawyers: 2025

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