Bindinglaw

VA · jury_instructions

Va. Model Jury Instr. Civ. No. 41.080

Probable Cause: Advice of Counsel

activein force · 2026-04-01 – presentcompiled-edition

The defendant is not liable for malicious prosecution if he instituted criminal proceedings

against the plaintiff on the good faith advice of a reputable lawyer.

The defendant must prove:

(1) He sought advice of counsel with an honest purpose of being informed of the law;

(2) That he made a full, correct, and honest disclosure of all material facts known to him or that he

should reasonably have known; and

(3) That he acted in good faith guided by the advice given by counsel.

A defendant who relies upon the advice of counsel as a defense has the burden of proving all

three of these elements by the greater weight of the evidence.

If the defendant proves the necessary elements to establish advice of counsel as a defense, then

he had probable cause for instituting the criminal proceedings even if the advice given by the

attorney was wrong.

History

Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.

Provenance

Source
vacourts.gov
Retrieved
2026-10-11
Edition
civ-2026-04-01
Content hash
4e29d6f5cbb04544c3f7dca8d8ac38a844e1ea6eca5bc6047cb8158641f67370
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.