Senior Trial Attorney | Civil Litigation | Real Estate | Mold & Products Liability

With more than four decades of courtroom experience, Herbert V. Kelly Jr. (“Bert”) is a seasoned trial lawyer who has handled complex litigation across Virginia’s state and federal courts. He represents both plaintiffs and defendants in high-stakes disputes involving real estate, mold environmental claims, personal injury, products liability, professional liability (including real estate errors and omissions) and claims against residential property managers.

Known for his strategic judgment and trial readiness, Bert has built a reputation for resolving difficult cases efficiently—whether through verdict, arbitration, or negotiated settlement.

Experience & Focus

Civil Litigation

• Extensive trial experience in Virginia circuit and appellate courts
• Representation in complex personal injury, products liability, and commercial disputes
• Proven ability to defend real estate professionals in claims related to residential sales, property management and tenant claims of toxic mold exposure

Mold & Environmental Claims

• Recognized authority in the defense of mold-related claims
• Frequent lecturer to legal and real estate professionals on remediation and liability issues
• Extensive experience representing property managers, landlords, and real estate professionals in complex exposure and liability matters

Representative Matters

• Successfully defended realtors against fraud and misrepresentation claims in property transactions (2000–2026)
• Secured a jury verdict of $4.2 million against a Northern Virginia IT company in an employment dispute – the largest in York County’s history (2010)
• Obtained a $1.2 million arbitration award for a residential real estate developers fraudulent misrepresentations (2018)
• Defended landlords and property managers in mold-related personal injury claims statewide (2000 – 2026)
• Successfully defended a $2 million products liability claim in the Supreme Court of Virginia resulting in dismissal of the claim for late filing (filing fee was two dollars short)

Professional Background

• J.D., Marshall-Wythe School of Law, 1976
• B.A., Hampden-Sydney College, 1973

Bar Admissions:

• Supreme Court of Virginia
• Virginia Court of Appeals
• U.S. District Court, Eastern District of Virginia
• U.S. Court of Appeals for the Fourth Circuit
• Supreme Court of the United States

Leadership & Community Involvement

Bert has long been active in civic and professional leadership, including:

• Past President, Newport News Bar Association
• Former Director, Jamestown -Yorktown Foundation
• Former Director, Riverside Hospital
• Former Director, TowneBank – Peninsula
• Former President and Trustee, Virginia Living Museum
• Former Director, Peninsula Habitat for Humanity
• Former Director, Peninsula Food Bank

Clients value his judgment, experience, and direct, results-oriented approach to complex legal challenges.