August/September
2005
Volume XXXI, Number 4 (PDF)
President’s Page: Gone Fishin’
James V. Meath
In Katrina’s aftermath, VBA creates fund to help
rebuild legal infrastructure in Gulf Coast states
John Marshall’s 250th Birthday:
Justice Kennedy to receive first John Marshall Medal
Legal Focus/Civil Litigation:
Behind the Scenes of the Boyd-Graves Conference
Hon. Wiley F. Mitchell Jr.
VBA Community Service Program:
Justice Carrico salutes CSP Sponsor Firms
Alfred M. Randolph Jr.
The VBA “Most Wanted” List
Virginia Relay service connects businesses with Virginians
who have hearing and speech loss
VBA Young Lawyers Division:
Hard work, national honors and thanks to all
R. Braxton Hill IV
Across the Commonwealth
VBA members among honorees at ABA Annual Meeting in Chicago
• Deadline announced for letters of intent for 2006-07 for Virginia
Law Foundation grants • Joint ADR Committee news • Fall events
planned by VBA groups • Passwords coming to www.vba.org
News in Brief
Professional Announcements
VBA Member Benefits
Calendar
President’s Page: Gone Fishin’
James V. Meath
Yes, the President’s Page this month will be sparsely
populated, because the President did, indeed, go fishing. Those who know
me know that I, my wife, and both my sons are avid fishermen. We enjoy
both salt water and fresh water and are prone to catching any and everything
that we can on fly rods.
However, in spite of the picture which you see on the
opposite side of the page, in this instance, my object was not the fish
that swim in the sea, lakes, streams and other tributaries. I have been
fishing for new members of the VBA. In that vein, I have spent the last
month fulfilling my promise, to you and the young lawyers, of meeting
with managing partners of a number of the large to medium-size firms in
the Commonwealth.
Whereas I do not believe that I have “caught my limit”
in new members from these meetings, they have been instructive, and I
am very thankful for the time and creative thought that have been provided
to me thus far by Thurston Moore of Hunton & Williams; Bill Strickland
of McGuireWoods; Jim Weinberg of Hirschler Fleischer; Tom Ebel, Doug Rucker
and Ben Emerson of Sands Anderson; and Bob Seabolt of Troutman Sanders.
All of these individuals have given the VBA great support throughout the
years.
More importantly, they express a great desire to ensure
that their young lawyers of the firm and new lawyers, both young and laterals,
have an opportunity to become an active part of The Virginia Bar Association.
Most have offered the opportunity for us to become a permanent part of
their orientation process for new lawyers. I am excited about this and
am working with the staff to develop strong ties to the orientation process
which will allow for all new lawyers to the firms to hear first-hand from
an officer of the Association and the head of the Young Lawyers Division
how they can become involved in the VBA and add value to their own practice
and to the profession at large. I will continue these meetings throughout
the month of September and into October and report to you any further
noteworthy comments at the Annual Meeting in Williamsburg.
To continue the fishing analogy, I have also had the opportunity
to visit with local bar associations. The most recent visit was in Danville.
The great hospitality of President Jim Reynolds, as well as my colleague
on the Board of Governors, Glenn Pulley, and his wife Pam was greatly
appreciated. A gentleman at the lunch table prior to my talk informed
me that he had never seen so many people show up for a Danville Bar Association
meeting. That is always good news. However, I must say whether it is Chesterfield
County or Danville, I hear the same story from voluntary bar associations
that we visit.
Particularly encouraging was the tour of Danville that
I received and the numerous young lawyers that I met during my visit.
It seems that young lawyers are perceiving opportunity in Danville and
the surrounding area and some are relocating from large cities such as
Charlotte and Raleigh to start a practice and raise their family. Good
fishing grounds for the VBA.
We should be actively spreading the message of the value
of the VBA, our role in law reform, the administration of justice and
professionalism to these local bar associations whenever possible and
actively encouraging people of all ages to join. To that end, at each
of these stops, I issue the Meath Challenge,* pass out applications, and
offer free membership for one year to those who sign up.
You see, this type of fishing is no different than any
other. If the fish are hungry, they will eat, but you have to throw bait
that is attractive. Sitting at the same hole and throwing the same bait
in front of a fish that is bored by the unimaginative approach will not
work. Creativity and presentation are important in fishing and in catching
members.
Finally, a word about the picture. I am encouraged that
the Association is entering a new and creative era as far as attracting
new members.
Glenn Pulley took me to his favorite fishing hole the
evening that I arrived in Danville. I presented to the numerous large-mouth
bass lurking in the shadows in trees and lily pads and dock pilings in
the lake my same, tired box of flies, toppers, woolly buggers, etc. I
caught no fish the first evening.
Glenn politely asked the question, which was actually
a statement, “Do you want to fish tomorrow morning?”
We hit the lake the next morning early in the rain. He
followed up his first question/statement with another one. “Do you
want to go out in the rain?”
I abandoned my fly pole (with some regret) and took the
choice bait of the day—a weedless rubber worm, made two casts and
caught what you see in the picture, a seven-pound, six-ounce, member—excuse
me—fish.
*The Meath Challenge: Sign up two colleagues in your firm
or in your community who are not members of the VBA and tell them that
they get the one-year “free Meath membership.” The quid pro
quo is that they must join a Section (annual dues $25) and come to a meeting
(a VBA Annual or Summer Meeting and/or a section-sponsored conference).
They’ll be hooked! Return to Top
In Katrina’s aftermath, VBA creates
fund to help
rebuild legal infrastructure in Gulf Coast states
The Virginia Bar Association announced August 31 that it
has established a “Hurricane Katrina Legal Assistance Fund”
to help rebuild the Gulf Coast area’s legal infrastructure so that
lawyers there can provide needed legal services to their clients and restore
their damaged offices and records in the wake of the disaster.
All members of the legal profession in Virginia are invited
to make donations to help their Gulf Coast colleagues. Contributions received
by the Fund will be sent as gifts to the state bars of Mississippi, Louisiana
and Alabama, which will serve as clearinghouses for legal assistance efforts.
The relief fund has been established under the auspices
of The Virginia Bar Association Foundation, a 501(c)(3) entity which conducts
and supports charitable and educational purposes of The Virginia Bar Association,
and has the full support of the Virginia State Bar, the government agency
that regulates the legal profession in Virginia. The Fund is open to all
Virginia lawyers, judges and citizens and is intended to help colleagues
in the Gulf States rebuild the legal infrastructure in the affected areas.
“Our primary goal in this effort is to help the public,
the people who have been affected so seriously, by helping the lawyers
in the Gulf Coast region have the practical resources they need to serve
their fellow citizens,” said VBA President James V. Meath of Richmond.
“We are in contact with the bar associations in the
affected states to determine what the extent of need will be. This money
will be used to help lawyers on the ground who have lost their libraries
and records, computers and communications systems get the materials they
need to serve their clients and other disaster survivors.
“It is our hope that the assistance fund will provide
a ready vehicle for voluntary contributions by lawyers across Virginia
to help the Gulf Coast public via the continuing services of our lawyer
colleagues who are on the scene there. Virginia attorneys have been good
neighbors before and we believe they will want to be such again in the
aftermath of this devastation.”
The Gulf Coast fund will be similar to successful efforts
the VBA coordinated in 1992 to aid the Florida Bar after Hurricane Andrew,
in 1997 to help the North Dakota Bar after catastrophic flooding, and
in 1999 to assist Southeastern Virginia attorneys whose practices were
impacted by flooding of the Blackwater River caused by Hurricane Floyd.
After the North Dakota floods in 1997, funds raised by
the VBA helped the State Bar of North Dakota set up free hotlines and
toll-free numbers for legal services, provide communications links between
attorneys, their clients and court offices, and recruit professional restoration
specialists to reconstruct ruined documents and records.
In 1999, following Hurricane Floyd, the VBA spearheaded
a statewide relief effort for Franklin and Southampton County lawyers,
many of whom had lost their offices, libraries, computer and communications
systems to flooding. A fund established within the VBA Foundation received
numerous donations, including a major gift from the Virginia Law Foundation.
It was decided to use the flood relief fund, which eventually totaled
more than $32,000, for the creation of a centralized law library at the
Southampton County Courthouse in Courtland, with computers providing access
to electronic resources for lawyers.
In addition, the VBA Young Lawyers Division has teamed
with the Virginia State Bar Young Lawyers Conference to stand ready as
may be needed to augment local efforts and those of the American Bar Association.
Lawyers who wish to volunteer their services may contact the VBA/YLD committee
co-chairs, Ryan Boggs, (804) 783-6928, rboggs@williamsmullen.com,
or Richard Ottinger, (757) 446-8673, rottinger@vanblk.com.
Persons and organizations wishing to contribute to the
disaster relief effort may make tax-deductible donations through a secure
link at www.vba.org or by mail to The
Virginia Bar Association Foundation — Hurricane Katrina Legal Assistance
Fund, 701 East Franklin Street, Suite 1120, Richmond, VA 23219.
Questions may be directed to the VBA office at (804) 644-0041.
Return to Top
John Marshall’s 250th Birthday:
Justice Kennedy to receive first John Marshall Medal
The Honorable Anthony M. Kennedy, associate justice of
the Supreme Court of the United States, will be the inaugural recipient
of the John Marshall Medal in Law at a gala black-tie banquet celebrating
the 250th birthday of the “Great Chief Justice” on Saturday,
September 24, at the Richmond Marriott.
Justice Kennedy will be recognized for his “tireless
devotion and unwavering commitment to the education of America’s
youth, especially in the realm of civics and our legal heritage,”
according to event planners.
“Justice Kennedy’s civic education initiatives
throughout his public life reflect his earnest hope that our children
know and cherish their rich legal history, appreciate and embrace their
duties and responsibilities as citizens of the United States of America,
and understand the rule of law on which our Republic rests. His initiatives
unite educators, judges and legislators in an effort to assure future
generations of civic leadership.”
Justice Kennedy was educated at Stanford, the London School
of Economics and Harvard Law School. He served on the U.S. Court of Appeals
for the Ninth Circuit from 1975 until 1988, when he took his seat on the
U.S. Supreme Court.
Although the banquet will take place in the modern setting
of the Marriott ballroom, several blocks from Marshall’s Richmond
home, it will feature a menu based on the cuisine of the early 19th-century.
All attendees will receive a special John Marshall glass, an appropriate
memento of a gentleman who was well known for concocting Madeira punch
for friends. Costumed interpreters will mingle with guests and music of
the period will be performed.
Tickets for the banquet are $125 per person.
The banquet will cap a day of celebration for all ages
at the John Marshall House, located at 818 East Marshall Street in downtown
Richmond’s historic Court End district. The house will be open to
the public from 1 to 4 p.m. on September 24, offering family activities,
living history, games, music and refreshments.
On a more solemn note, a wreath-laying ceremony will be
held at Marshall’s gravesite at 10:30 a.m. on September 24 in Shockoe
Cemetery. A guided tour of the cemetery, the resting place of many notable
Richmonders of the early Federal era, will be offered immediately after
the ceremony.
Other birthday weekend events include a seminar at the
Virginia Historical Society on Friday, September 23, “Was Marbury
v. Madison Correctly Decided?” A morning prayer service honoring
Chief Justice Marshall will be held at St. James’s Episcopal Church,
1201 West Franklin Street, on Sunday, September 25.
More information about The John Marshall Foundation and
activities related to Marshall’s 250th birthday is available at www.john-marshall.org.
The Virginia Bar Association has long been a strong supporter
of the John Marshall House in Richmond, and has been joined in this leadership
by the Association for the Preservation of Virginia Antiquities, private
citizens and the Commonwealth of Virginia. The John Marshall Foundation
was established in 1987. Return to Top
Legal Focus/Civil Litigation:
Behind the Scenes of the Boyd-Graves Conference
Hon. Wiley F. Mitchell Jr.
Twenty-seven years ago, Thomas V. Monahan, who was a past
president of both The Virginia Bar Association and the Virginia Trial
Lawyers Association, invited a small group of experienced civil trial
lawyers to a meeting at the Tides Inn in Irvington for the purpose of
discussing potential changes in the rules and procedures applicable to
the trial of civil cases in Virginia state courts.
Those invited to attend the initial meeting included lawyers
from across the state who practiced in both large firms and small firms,
and a deliberate effort was made to secure a balance between those who
typically represented plaintiffs in civil trials and those who typically
represented defendants. From the outset, the focus of the conference was
the identification and discussion of problems encountered in state court
civil litigation, with the objective of reaching a consensus concerning
needed changes in either the Rules of Court or the Code of Virginia.
Whenever a consensus was reached, the resulting recommendation
was made directly to the Supreme Court, or to the General Assembly. The
conference, which initially took its name from the site of its meetings,
came to be known as the Tides Inn Conference.
From the beginning, the Conference worked closely with
noted law professors T. Munford Boyd and Edward
S. Graves, and practitioner Leigh B. Middleditch Jr., all of whom had
served as advisors to the Virginia Code Commission during the 1977 transition
of the Code of Civil Procedure from Title 8 to Title 8.01. Because of
the significant contribution the two academics made to the ultimate success
of the conference, its name was changed to the Boyd-Graves Conference.
The Conference soon outgrew the Tides Inn and for many
years its annual meetings have been rotated among Richmond, Hampton Roads,
Northern Virginia, and Roanoke. It has also been necessary to abandon
some of the informality of the early years. What began as informal face-to-face
meetings on the sofas of a small lounge at the Tides Inn is now a carefully
planned event generally attended by about 125 lawyers, judges, professors
and legislators. The Conference is governed by a Steering Committee of
some 25 lawyers. Its chair, who generally serves for two years, is elected
by the Steering Committee.
The Conference has a familial relationship with The Virginia
Bar Association, which serves as the repository of the Conference’s
records and financial resources, and which provides it with invaluable
administrative support.
Membership in the Conference continues to be by invitation
only. Although there is no absolute cap on the number of members, an effort
is made to facilitate a full and open discussion of issues by maintaining
a roundtable configuration and by limiting the number of participants
to about 125. Larger numbers tend to constrain the individual participation
which has been so vital to the work of Boyd-Graves. There are no term
limits, but neither are there permanent members. Even those who are most
active are regularly rotated off the membership rolls to make room for
new participants. The Membership Committee tries to maintain both geographic
diversity and a rough balance of representation from the various practice
disciplines involved in civil litigation, including not just litigators,
but also a significant number of law professors and both trial and appellate
judges. Nevertheless, aside from experience, reputation, and a demonstrated
ability to contribute to the work of the Conference, the primary criterion
for Conference membership is a willingness on the part of a proposed member
to put aside what may be in the best interests of his or her particular
practice discipline in favor of a solution which promotes the overall
interest of the legal profession in the fair, impartial and effective
handling of civil litigation in Virginia.
Although the Boyd-Graves Conference has become larger
and more structured, it has remained true to its heritage. At each meeting
of the Conference, the members are invited to suggest topics for future
consideration. A small group of Steering Committee members generally meets
annually with the Chief Justice, who frequently suggests study topics.
Other study requests have come from trial judges, from lawyers who are
not currently members of the Conference, and occasionally from legislators
or legislative committees. The Steering Committee evaluates each suggested
topic and decides which should be approved for consideration by the next
meeting of the Conference.
Once the list is complete, the Conference Chair has the
responsibility of appointing a committee to study each of the approved
topics. Committee members frequently include lawyers who are not members
of the Conference but who are willing to contribute their expertise to
its work. Each committee is expected to complete its work and to submit
a written report of its findings and recommendations to the Conference
Chair in advance of the annual meeting in October.
These reports are collated and published in the form of
an agenda booklet which is distributed to each member of the Conference
in advance of the annual fall meeting.
Each report is submitted to the Conference by the committee
chair and, after discussing and frequently modifying the committee’s
recommendations, the Conference will vote to approve or disapprove those
recommendations. The Conference will make a recommendation for a statutory
or rule change only if there is a consensus in favor of the change. A
simple majority will not result in a recommendation. Although the question
of whether there is a consensus is left to the discretion of the Conference
Chair, the overwhelming majority of the participants must agree before
a recommendation for change will be made.
The topics that the Boyd-Graves Conference has considered
and its recommendations for changes in the Rules of Court or in the Code
of Virginia have been comprehensive, and over the years its reputation
for accuracy and objectivity has grown. For almost two decades, for example,
the Conference has endorsed and aggressively advocated the merger of law
and equity procedure into a single form of action. The recent decision
by the Supreme Court to approve the Rule changes necessary to accomplish
the merger, effective January 1, 2006, is to a major extent the culmination
of the work of the Conference on this important issue.
The Conference has also been active for many years in
an ongoing effort to facilitate an understanding of the Virginia rules
of evidence. Under the leadership of Joe Kearfott of Richmond and with
the invaluable guidance of Professor Kent Sinclair of the University of
Virginia School of Law, the Evidence Committee of the Conference has published
and annually updates a Guide to Evidence, an effort originally led by
Frank B. “Bunky” Miller III of Richmond. It has become an almost
indispensable tool for both judges and lawyers engaged in civil litigation
in Virginia. As important as these two initiatives are, however, they
represent only a portion of the work of the Conference.
The 22 separate topics considered by the 2004 Conference,
and the subsequent implementation of most of its recommendations, illustrate
both the breadth of the subject matters considered and the favorable reception
Conference recommendations generally receive from both the judicial and
legislative branches of government.
Among the reports on which consensus was reached were
topics relating to res judicata; the Family Court; marital privilege;
attorney issued subpoenas; changes to Rule 4 of the Rules of Court dealing
with when depositions may be used at trial; the information necessary
to docket a judgment; the location of depositions; requirements to share
subpoenaed documents; changes to Rule 5:6 (b) of the Rules of Court dealing
with contractual restrictions on a lawyer’s right to practice; the
adoption of a Virginia equivalent to Rule 4 of the Federal Rules, dealing
with waiving service of process; a prohibition against “stealth”
orders; and the use of unsworn declarations in lieu of affidavits.
The 2004 Conference could not reach consensus and carried
over to the 2005 Conference committee reports recommending a substantial
re-writing of the Dead Man’s statute; amendments to Code section
8.01-230 dealing with the Statute of Limitations in contract cases; changes
to Code section 8.01-275.1 dealing with the time within which process
must be served; sanctions for improper removal from the General District
Court to the Circuit Court; abolition of the Medical Malpractice Review
Panel; changes regarding service of a subpoena duces tecum on a registered
agent; and changes in Code sections 8.01-514 and 16.1-99 to permit continuing
wage garnishments.
Finally, the 2004 Conference recommended that no changes
be made in the current Virginia law involving the admissibility of evidence
in cases in which punitive damages are sought; rejected suggested changes
to Code Section 8.01-273(b) relating to demurrers; and rejected the suggestion
that Code section 38.2-2206 (f), relating to an insurer’s obligation
to defend immune defendants, be clarified.
Every legislative recommendation made by the 2004 Conference
was adopted by the 2005 session of the General Assembly and several of
the suggested changes in the Rules of Court have been approved, or are
in the process of being approved.
The 2005 meeting of the Boyd-Graves Conference will convene
in Roanoke on October 21. In addition to the issues carried over from
2004, the Conference will consider a variety of topics, both procedural
and substantive, relating to the handling of civil litigation in Virginia
state courts. The 2005 topics range from whether Virginia should abandon
the requirement of unanimous verdicts to the more substantive issue of
whether the Virginia law on sovereign immunity should be changed. As it
has done for nearly three decades, the Conference will work toward reaching
consensus recommendations which reflect the best of the creative talents
of its members.
The Boyd-Graves Conference feels a particular affinity
for the Civil Litigation Section of The Virginia Bar Association, with
which it shares many members and many common professional interests. Any
Virginia lawyer, particularly those who are members of the VBA Civil Litigation
Section, is encouraged to suggest potential topics for study to the Chair
of the Conference, any member of its Steering Committee or myself. Return
to Top
About the Author: Wiley F. Mitchell Jr. is of counsel
to the law firm of Willcox & Savage in Norfolk. He was formerly Senior
General Counsel for Norfolk Southern Corporation and continues to serve
as Special Counsel to Norfolk Southern. Mitchell is a former president
of the National Association of Railroad Trial Counsel and currently serves
on its Executive Committee. He was a member of the Alexandria City Council
from 1967 to 1976, and a member of the Virginia Senate, where he served
as Minority Floor Leader, from 1976 to 1988. He is a former member of
the Board of the Virginia Chamber of Commerce and chaired its Government
Affairs Committee for nearly a decade. He currently serves on the Board
of the Hampton Roads Regional Chamber of Commerce and chairs its Transportation
Committee. Return to Top
VBA Community Service Program:
Justice Carrico salutes CSP Sponsor Firms
Alfred M. Randolph Jr.
On Monday, June 26, Justice Harry L. Carrico Jr., former
Chief Justice of the Virginia Supreme Court, paid a very special visit
to Norfolk. From his arrival at 10:45 a.m. to his departure at 3 p.m.,
Justice Carrico visited five Norfolk law firms and convinced scores of
lawyers of the critical importance of The Virginia Bar Association's Community
Service Program and of their participation in it.
Long an advocate of professionalism generally, and of
the responsibility of lawyers to give something back to their communities
through community service and through pro bono publico legal work, Justice
Carrico missed no opportunity to persuade those whom he visited to "make
the commitment" to become VBA Community Servants and/or VBA Pro Bono
Servants. He also honored Kaufman & Canoles PC and Crenshaw, Ware
& Martin PLC by presenting them with their recognition certificates
for having achieved VBA Community Service Sponsor Firm status for 2004.
Each of these firms, in addition to Redmon, Peyton & Braswell LLP
of Alexandria, achieved this special designation by having more than 50
percent of their Virginia lawyers designated as VBA Community Servants
and/or VBA Pro Bono Servants for 2004.
When presented with his firm's Community Service Sponsor
Firm recognition certificate, Howard Martin of Crenshaw, Ware & Martin
remarked that “This day is the greatest day in the 82-year history
of our firm!”
Justice Carrico also visited Hunton & Williams, Willcox
& Savage (where he was treated to lunch with all of their lawyers
at the Harbor Club), and Vandeventer Black.
His hosts for the day — Bob Tata of Hunton &
Williams, Hugh Patterson of Willcox & Savage, Howard Martin of Crenshaw,
Ware & Martin, Rob Goodman and Nicole Duke of Kaufman & Canoles,
and Richard Ottinger of Vandeventer Black — all helped ensure that
Justice Carrico's visit ran smoothly and that he was able to visit with
as many lawyers as possible. To them, the Community Service Program owes
a great debt of gratitude.
All of those who were privileged to hear Justice Carrico's
remarks and to interact with him surely were touched by his passion for
the role of Virginia lawyers in community service work and in pro bono
publico legal work. Thanks to his visit, enrollment in the Pro Bono Servant
and Community Servant programs is up in Tidewater where his message continues
to resonate.
Justice Carrico once said:
“We are all human beings, but some through hard
work or simple good fortune, are able to accumulate more of the world's
material belongings than others. Out of concern we should have for his
or her fellow human beings, those in the more fortunate group must give
something back in return for their good fortune by rendering assistance
to those who are in trouble and in need of help.”
In a nutshell, that simple, yet eloquent statement sums
up what Justice Carrico has stood for as the leading figure in Virginia's
justice system for more than four decades. His visit to Norfolk on behalf
of the VBA's Community Service Program was simply his latest effort to
promote his deeply held conviction that Virginia lawyers should voluntarily
and enthusiastically reach out to those less fortunate. We heard him loud
and clear! Return to Top
The VBA “Most Wanted”
List
What is The Virginia Bar Association all about? What are
its goals? What are its aspirations? The VBA Board of Governors and the
Committee on Outreach have produced the following “Most Wanted”
list of Association goals as a means of focusing attention on the VBA’s
primary objectives as expressed in its mission statement.
Our Mission
The Virginia Bar Association is a voluntary organization
of Virginia lawyers committed to serving the public and the legal profession
by promoting the highest standards of integrity, professionalism, and
excellence in the legal profession; working to improve the law and the
administration of justice; and advancing collegial relations among lawyers.
The “Most Wanted” Goals of The Virginia Bar Association
Promoting the Highest Standards of Integrity, Professionalism,
and Excellence
• Reiteration that members of the legal profession
must be qualified, competent, and of good moral character.
• Ensuring that Virginia legal professionals remain
skilled and knowledgeable through continuing legal education programs
of the highest caliber and access to law firm and individual practice
assistance of the first order.
• Promulgation of the VBA Creed and identification
of professional role models among VBA members as standards to which Virginia
lawyers can aspire.
• VBA membership needs to continue to reflect the
best of the profession in Virginia, particularly including membership
from groups that historically have been underrepresented in its ranks.
Improving the Law and the Administration of Justice
• The VBA must continue to achieve success in its
paramount goal of improvements in the law through effective legislative
advocacy as an objective resource to the General Assembly, the Executive
Branch and the judicial system.
• The VBA should strive for a better understanding
by the public in Virginia of the judicial system, the rule of law, and
the role of lawyers and judges, in order to enhance the public’s
trust and confidence in them and in our government.
• The VBA should seek to preserve the independence
of the judiciary in Virginia in the context of judicial selection, reappointment
and the administration of justice.
• The VBA should work to ensure the effective administration
of the court system in Virginia through the provision of appropriate pay
for judges and other court personnel, adequate facilities and equipment,
and an appropriate working environment for the courts.
• The system for the defense of indigents in criminal
cases in Virginia should be just and fair and provide adequate protection
of the rights of poor people who are accused of committing crimes.
• The system for the adjudication of capital murder
cases in Virginia should be just and fair and provide adequate protection
of the rights of people who are accused of committing capital crimes.
• There should be greater resources for lawyers representing
children, including better training, access to experts, and adequate fees,
and a greater willingness among lawyers to represent children and to serve
as guardians ad litem.
• The rule changes to create in Virginia a single
form of civil action covering both legal and equitable claims should be
fully implemented.
• A set of rules governing the law of evidence in
Virginia should be adopted.
• Continued promotion of Alternative Dispute Resolution
in Virginia is needed, so as to increase the ability of judges to refer
cases to ADR and make more widely available non-litigation mechanisms.
• There should be meaningful opportunities for public
involvement in Virginia agency decisions, and for administrative and judicial
review of those decisions.
• A system of family courts should be created and
promptly funded in Virginia.
• A Virginia state tax court or tribunal that is
independent from the Virginia Department of Taxation should be created.
• The involuntary commitment of Virginians with mental
disabilities should be limited to the least restrictive environment necessary
for their continued treatment and safety and for the safety of the public.
Advancing Collegial Relations Among Lawyers and With
the Public
• Virginia lawyers should enjoy a wholesome, well-balanced
professional life, involving excellence in the practice of law, collegiality
among lawyers and the bench, service to one’s community, time with
family and friends, pursuit of cultural and recreational activities and
excellent professional gatherings in collegial settings.
• Virginia lawyers should have broader involvement
in nonlegal community service and pro bono publico legal service, including
100 percent participation by Virginia lawyers and judges in either the
“VBA Community Servant” program or the “VBA Pro Bono Servant”
program, or both, as well as innovative programs through the VBA Young
Lawyers Division and senior sections and committees.
• Greater recognition of the importance to and for
Virginia lawyers of participation in government, public and military service.
Return to Top
Virginia Relay service connects
businesses with Virginians who have hearing and speech loss
Just imagining the loss of a potential customer is enough
to make any business owner shudder. But if your employees are not trained
in receiving phone calls from Virginia Relay users, chances are you’ve
hung up on a business opportunity — multiple times.
A free public service, Virginia Relay enables people with
hearing or speech loss to carry on phone conversations with any standard
phone user. According to Virginia Relay Account Manager Clayton Bowen,
“Employees unfamiliar with Virginia Relay may unknowingly hang up
when they hear a Virginia Relay Communications Assistant [operator] on
the line, assuming they are receiving a solicitation or marketing call.
By not teaching employees how to recognize and properly handle these calls,
businesses are turning their backs on thousands of potential customers.”
In an effort to reverse these unintentional hang-ups,
Virginia Relay is launching Relay Partner, a free program open to any
Virginia-based business, large or small. By familiarizing organizations
with Relay calling procedures, the program reduces or eliminates hang-ups
Relay users sometimes experience when conducting business by phone. “Relay
Partner is really about giving both groups what they want; Relay users
want to conduct business by phone, and businesses want to attract new
customers,” Bowen explains.
Upon joining, businesses gain access to a series of helpful,
educational materials, including employee and employer guides, a Virginia
Relay calling tips poster and an informational video that can easily be
incorporated into existing employee orientation or training programs.
All materials are available online and can be downloaded anytime, at no
cost. Other than a computer to access the online training materials and
a standard phone, no additional equipment is needed.
Once a business joins, its contact information (address,
phone number, URL, etc.) is listed online with other current Partners
and categorized by industry. All Virginia Relay users have access to this
list and are frequently encouraged to patronize Relay Partners.
To sign up, businesses can visit www.RelayPartner.org
or www.VaRelay.org, click “Virginia
Relay Partner” and then follow the online instructions. Virginia
Relay representatives are also available to conduct a free, onsite training
presentation, at your place of business. For more infonnation, call, 1-800-552-7914
or e-mail frontdsk@vddhh.virginia,gov.
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VBA Young Lawyers Division:
Hard work, national honors and thanks to all
R. Braxton Hill IV
I am pleased to report that The Virginia Bar Association
Young Lawyers Division has, once again, garnered national recognition
for its commitment to pro bono work and community service.
On Saturday, August 6, 2005, at the American Bar Association’s
Annual Meeting in Chicago, the VBA/YLD received three of the annual “Awards
of Achievement” for its division: first place for Service to the
Public (Single Project), second place for Service to the Bar (Single Project)
and first place for the Comprehensive Category.
The first place award for a “Service to the Public”
project recognizes the collaborative efforts of the VBA/YLD, under the
leadership of Mike Walton of Hunton & Williams, and the Family
and Children’s Trust of Virginia to produce an Adult Protective Services
educational video. The video, which focuses on the reporting of abuse,
neglect and exploitation of “adults at risk,” features remarks
from Governor Mark Warner and is being made available on a complimentary
basis to every local Department of Social Services within the Commonwealth,
as well as more than 100 other organizations whose members are mandated
reporters of adult abuse.
The second place award for a “Service to the Bar”
project honors the efforts of the University of Richmond Law School Council,
chaired by student member Barbara Cooke with the guidance of VBA/YLD
liaisons Katja Hill of LeClair Ryan and Troutman Sanders’
Heather Hays, who was herself a member of
the Law School Council while at the University of Richmond. The UR Law
School Council’s accolades are well-deserved, given the commitment
to community service and professionalism the Council fosters in its student
members through such endeavors as an elder law CLE symposium, a student-attorney
mentor program and a “necessities drive” competition with other
law schools to benefit a local domestic violence shelter.
The first place award for the Comprehensive Category salutes
the overall contribution to the public and the bar made by the VBA/YLD
Executive Council’s broad array of community service and pro bono
projects.
In making its comprehensive award to the VBA/YLD, the
ABA considered the projects described above, as well as the following
programs:
• the Model Judiciary Program chaired by Dan Campbell
of Willcox & Savage;
• the Lawyers for the Arts project co-chaired by
Beth Hungate-Noland of Williams Mullen and Suzanne Long
of Christian & Barton;
• the Wills for Heroes joint program with the Virginia
State Bar Young Lawyers Conference, headed by Dana Fitzsimons of
McGuireWoods;
• the Community Law Day project chaired by Monica
Scales Burke of Hogan & Hartson;
• the Bridge the Gap seminar held with Virginia CLE
and chaired by Turner Broughton of Williams Mullen;
• the Law School Liaison Committee’s “Diversity
in the Legal Profession” recruiting roundtable co-chaired by Matt
Cheek and Rob Peay, both of Williams Mullen;
• the Washington and Lee Law School Council led by
Greg Hunt of Gentry Locke Rakes & Moore and Sakina Paige
of Wachovia Securities;
• the Membership Initiative led by Elizabeth Horsley
of Williams Mullen and Chris Jones of LeClair Ryan;
• the Disaster Legal Assistance project – another
joint effort with the Virginia State Bar Young Lawyers Conference –
co-chaired by Rich Ottinger of Vandeventer Black and Ryan Boggs
of Williams Mullen;
• the Richmond Lunch Buddy Program co-chaired by
Andy Sherrod of Troutman Sanders and Caroline Browder of
SunTrust Bank;
• the Health Law Section’s Advance Medical Directive
Project overseen by Molly Evans of Feldesman Tucker;
• the Region IV round of the National Moot Court
competition, co-chaired by Monica McCarroll and Eve Campbell,
both of Williams Mullen and held in conjunction with the American College
of Trial Lawyers and the Bar of the City of New York;
• and the Domestic Violence Project, which is co-chaired
in Richmond by Alexis Fishel of Kaufman & Canoles and Robbi
Gray of Christian & Barton, and led in Northern Virginia by Susanne
Carnell of Hogan & Hartson and Marli Kerrigan of the Federal
Bureau of Prisons.
Finally, the Association owes a tremendous
debt of gratitude to Rudene Bascomb of Hunton & Williams for
shepherding the VBA/YLD’s application through the ABA Award of Achievement
process and ensuring that our young lawyers received the national recognition
they deserve. Additionally, I am pleased to report that Rudene has accepted
the call to serve as the ABA’s District Representative for all member
bar organizations in Maryland and Virginia. In this position, Rudene will
be able to work with our ABA Liaison, Jennifer McClellan of Verizon,
to further strengthen the ties between the VBA/YLD and our national counterpart.
According to its mission statement, The Virginia Bar Association
is “a voluntary organization of Virginia lawyers committed to serving
the public and the legal profession by promoting the highest standards
of integrity, professionalism and excellence in the legal profession;
working to improve the law and the administration of justice; and advancing
collegial relations among lawyers.”
As should be apparent from the foregoing list of some,
but by no means all, of the VBA/YLD’s activities and the national
recognition they have received, the members of the Young Lawyers Division
play a significant role in the Association’s achievement of its mission.
Please join me in thanking them, as well as the employers that support
their roles as leaders of the bar. It is only through the ongoing encouragement
and cultivation of our Young Lawyer leaders, as well as continued support
from those who employ them, that the Association will maintain its preeminent
status in our profession. Return to Top
The VBA YLD, in partnership with The Family and Children’s
Trust Fund of Virginia (FACT), recently completed production of a 25-minute
video entitled, “Protecting Adults at Risk: A Mandated Reporter’s
Guide to Recognizing and Reporting Suspected Abuse, Neglect, and Exploitation.”
As the title suggests, this informational piece is targeted
toward required reporters of abuse of at-risk adults,
defined as the elderly and adults with mental disabilities. In addition
to a series of dramatizations highlighting the “warning signs”
of abuse, neglect, and exploitation, the video also explains to mandated
reporters how to fulfill their legal duties by submitting reports to the
Virginia Department of Social Services, the state agency charged with
policing this problem. The video further features commentary from Governor
Mark Warner as well as a number of experts in this field. Entities represented
on the steering committee for the video included the Virginia Department
of Social Services, Office of the Chief Medical Examiner, Crater Area
Agency on Aging, and Virginia Guardianship Association.
The video was introduced this summer at FACT’s annual
Collaboration Conference, which came on the heels of Adult Abuse and Neglect
Prevention Month (May 2005). The VBA/YLD and FACT are offering a complimentary
copy of the video to each local Department of Social Services, along with
more than 100 other organizations whose members are mandated reporters
of adult abuse. The VBA/YLD and FACT also have arranged for a video duplication
company to handle the ordering of additional videos by interested parties.
There is no copyright restriction on the video, in the hopes that organizations
who receive it will take the liberty of making copies for its personnel
who need to view it. Return to Top
The VBA Young Lawyers Division’s Charlottesville
Town Hall Meeting Committee will sponsor a debate between David Toscano
(D) and Thomas McCrystal (R), the candidates for the House of Delegates
seat in the 57th District (Charlottesville). This seat is currently held
by Del. Mitchell Van Yahres (D), who has announced his retirement.
The debate will be held on Wednesday, October 5, at 7
p.m., at the Charlottesville City Council Chambers, located in City Hall
(on the Downtown Mall at 7th and East Main Streets).
For more information about the debate, contact Charlottesville
Town Hall Meeting Committee Chair Vaden Warren by phone at (434) 972-9090
or by e-mail at vwarren@whiteheadwarren.com.
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Across the Commonwealth
VBA members among honorees at ABA Annual Meeting in Chicago
In addition to Robert J. Grey Jr. of Richmond,
outgoing president of the American Bar Association, and the VBA Young
Lawyers Division, several other members and friends of The Virginia Bar
Association received honors at the recent ABA Annual Meeting in Chicago.
Prof. Robert E. Shepherd Jr. of Richmond, chair
of the VBA Commission on the Needs of Children, received the Livingston
Hall Award from the ABA Juvenile Justice Committee for his longtime dedication
to the field of juvenile justice and to the children it serves. Shepherd
has helped create legislation benefiting Virginia’s children and
chaired the VBA commission which produced the guardian ad litem standards
for Virginia’s courts, in addition to service in a number of professional
organizations on local, state
and national levels.
Andrew Block of Charlottesville, who also serves
on the VBA Commission on the Needs of Children, received the Child Advocacy
Award from the ABA Young Lawyers Division. Block is the creator of the
JustChildren program at the Legal Aid Justice Center in Charlottesville,
which provides direct legal services to families in Central Virginia.
Roderick B. Mathews of Richmond was elected to
a three-year term as a member of the ABA Board of Governors. As governor
of the ABA’s 4th District, Mathews will represent Virginia and the
District of Columbia. He had served as the Virginia state delegate to
the ABA’s policy-making House of Delegates since 1989. He is the
treasurer of the American Bar Endowment and a member of the American Bar
Foundation. He previously served on the ABA Board of Governors (1993-96)
where he chaired the finance committee and served on the executive committee.
In ABA-related meetings held in Chicago, Thomas A.
Edmonds, executive director and chief operating officer of the Virginia
State Bar, became president of the National Association of Bar Executives,
and Sharon K. Tatum, executive director of the Virginia Law Foundation,
was elected to the board of trustees of the National Conference of Bar
Foundations. Return to Top
Deadline announced for letters of intent for 2006-07 for Virginia
Law Foundation grants
The Virginia Law Foundation, a 501(c)(3) not-for-profit
organization, is now accepting Letters of Intent from organizations wishing
to request grant support for the 2006-07 grant cycle (July 1, 2006, through
June 30, 2007).
Letters of Intent to be submitted under the VBA umbrella
should be prepared in the name of The Virginia Bar Association Foundation
and must reach the VBA office at 701 East Franklin Street, Suite 1120,
Richmond, Virginia 23219, no later than December 7, 2005, for Executive
Committee approval and signing on behalf of the VBA Foundation.
Funds are expected to be awarded to support programs which
promote or provide improvements in the administration of justice, legal
services to the poor, education of the public about the law and the legal
profession, and public service internships for Virginia law students.
Letters of intent should be submitted on a special form
(available from the VBA office) which includes instructions for preparing
required information.
VBA staff can be reached to assist with basic information
about The Virginia Bar Association Foundation and preparation of Letters
of Intent by calling (804) 644-0041. Return to Top
Joint ADR Committee news
The Virginia Alternative Dispute Resolution Joint Committee
continued its emphasis on education this summer by sponsoring a number
of well-attended and timely programs.
Despite the Friday afternoon time slot on an “absolutely
glorious” day at the Virginia State Bar Annual Meeting in Virginia
Beach, the “dream team” panel of Jack Taggart, Kathleen O’Brien,
Karen Keyes and moderator Frank Morrison, wowed the audience with a reprise
of their dynamite presentation on the practice of collaborative family
law in Virginia. Taggart, a self-described “born again litigator,”
entertained the participants with his anecdotes of how to practice this
“kinder, gentler” way of dissolving a marriage without destroying
the family in the process. O’Brien followed with a historical perspective
on the development of collaborative family law in Virginia. Keyes compared
and contrasted mediation with collaborative law. Morrison then orchestrated
a question-and-answer session between the panelists and the participants.
After the program, panelists remained to participate in
an informal but in-depth discussion of practical tips for persons interested
in developing this kind of practice. It was an opportunity for participants
from around the state to exchange ideas about how this practice was developing
in their area and share suggestions about helpful books and necessary
skills to make the transition from “litigator” to “problem
solver.” Attendees expressed a desire for more opportunities to meet
and exchange information as this practice continues to grow in Virginia.
At the VBA Summer Meeting at The Greenbrier, the Virginia
ADR Joint Committee joined with the VBA Domestic Relations and Judicial
Sections to co-sponsor a CLE program on July 15 entitled “Drinkin’
My Baby Goodbye: Dealing with a Substance Abuser in Family Law Matters.”
The Virginia ADR Joint Committee and the VBA Domestic
Relations Section co-sponsored two three-hour family law programs on August
18 in Fairfax, “Take Your Job Suggestions and Shove It! Imputation
of Income, Defined Duration and Vocational Rehabilitation Experts in Support
Cases” and “A New ADR Model for the 21st Century: An Introduction
to Collaborative Family Law.” The morning program focused on issues
related to defined duration spousal support and imputation of income,
including practical tips on how vocational experts can best be used and
challenged in a divorce or support case. The afternoon program presented
the new concept of collaborative lawyering and explored some of the ethical
issues involved.
The Virginia ADR Joint Committee is a joint committee
of The Virginia Bar Association and the Virginia State Bar. Membership
is open to members of the VBA and VSB who are interested in alternative
dispute resolution. For more information on the Virginia Alternative Dispute
Resolution Joint Committee, please visit its web page at www.vba.org/comm/adrjtcom.htm.
— Contributed by Morna Ellis Return to Top
Fall events planned by VBA groups
With the beginning of fall, the “conference season”
of The Virginia Bar Association swings into high gear. Following the first
major event, the VBA Labor Relations and Employment Law Conference on
September 9-10 at the Hilton Oceanfront, Virginia Beach, the schedule
is as follows:
September 30-October 2: VBA/YLD Executive Committee
and Council Meeting, Wintergreen;
October 5: VBA/YLD Charlottesville Town Hall Meeting and House Candidates’
Debate, Charlottesville City Hall;
October 7-9: VBA Board of Governors Meeting,
Hotel Roanoke;
October 14: VBA Corporate Counsel Section Fall Forum, The Jefferson
Hotel, Richmond;
October 21-22: Boyd-Graves Conference, Hotel Roanoke;
October 28: VBA Virginia Tax Practitioners Roundtable, Farmington,
Charlottesville;
November 1: VBA Administrative Law Conference, Omni Richmond;
November 3: VBA Health Law Seminar, Hyatt Regency Reston;
November 17-18: VBA Capital Defense Workshop, Richmond Marriott; and
January 19-22, 2006, 116th VBA Annual Meeting, Kingsmill, Williamsburg.
(Registration materials will be sent to all VBA members later this fall.)
In addition, the Environment, Natural Resources and Energy
Law Section plans a legislative seminar in early December.
VBA section members will receive more details about conferences
in their areas of practice. Other events will be added as details are
made available. Watch the VBA website calendar at www.vba.org for updated
information on Association events!
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Passwords coming to www.vba.org
Later this year, accessing certain areas of The Virginia
Bar Association’s website will require a bit more effort than a simple
mouse-click. In other words, VBA members will need a password to view protected
areas of the website. This feature will protect members’ privacy and
allow the VBA to provide more value-added features for members only. To
simplify matters, each VBA member will have a unique user name which consists
of that member’s ID number. The password will be the member’s
ID number plus the first three letters of the member’s last name, as
indicated by the following (facetious) example:
Member: Virginia B. Lawyer
User Name: 12345 (VBA member ID)
Password: 12345law
(member ID plus first three letters of last name)
Afraid you can’t remember your member ID? Watch the
printed address label on the back cover of the VBA News Journal —
member IDs are now being included with the address information.
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In Memoriam
Vernon M. Geddy, Jr.
1926-2005
President, The Virginia Bar Association, 1972-73
News in Brief
VBA Patron member and longtime ABA activist Tracy A.
Giles of Roanoke has declared his candidacy for the position of Virginia
delegate to the American Bar Association House of Delegates. All ABA members
in Virginia will receive ballots between September 9 and September 23.
Giles’ candidacy has recently drawn an opponent in Joseph A. Condo
of Vienna.
Former VBA Board member Frank West Morrison of
Lynchburg, a partner in the law firm of Phillips Morrison Johnson &
Ferrell, received the Gardener G. DeMallie Jr. Award for outstanding contributions
to continuing legal education in Virginia during the Virginia State Bar
Annual Meeting at Virginia Beach in June.
Lawrence Hoover of Harrisonburg, a VBA member,
received the Tradition of Excellence Award from the Virginia State Bar
General Practice Section during the VSB Annual Meeting. He serves of counsel
to Hoover Penrod PLC.
Donald K. Butler of Richmond, former co-chair of
the VBA Coalition Committee on Family Law, received the Lifetime Achievement
Award from the Virginia State Bar Family Law Section (of which he was
a charter member) during the VSB Annual Meeting.
VBA member Donald G. Owens recently received the
Citizen-Lawyer Award, the highest honor bestowed by the Law School Association
of the William and Mary School of Law. The award is given annually to
a graduate or friend of the Law School who stands in the Jeffersonian
tradition of outstanding citizenship and leadership. Owens is a partner
in the Troutman Sanders Energy Practice Group in Richmond, He earned both
his undergraduate and law degrees from the College of William and Mary.
John M. Oakey Jr. of McGuireWoods LLP, a VBA Life
Member, has been elected president of the Greater Richmond Bar Foundation.
John R. Fletcher of Tavss Fletcher Maiden &
Reed LLP in Norfolk, a former VBA Executive Committee (now Board) member,
has been elected president of the Virginia Law Foundation for 2005-06.
John A.C. Keith of Blankingship & Keith in Fairfax is president-elect,
and John L. Walker III of Williams Mullen in Richmond is vice president.
Susan C. Armstrong of Troutman Sanders LLP in Richmond,
a VBA member, recently became the first woman president of the National
Association of Railroad Trial Counsel. C. Stephen Setliff, also
of Troutman Sanders’s Richmond office, is serving a three-year term
on the association’s executive committee.
Gary J. Spahn of Richmond, a VBA member and partner
in the law firm of Troutman Sanders LLP, has been elected co-chair of
the Products Liability Committee of the American Bar Association’s
Litigation Section. Return to Top
Professional Announcements
The law firm of Rutter Mills has opened an additional
office near the entrance to Northrup Grumman Newport News at 4702 Washington
Avenue in Newport News.
Rutter Mills has more than 45 years experience as a comprehensive
personal injury firm. With offices in Norfolk and now in Newport News,
the firm’s 10 attorneys and 25 support staff offer a range of services
devoted exclusively to the practice of personal injury law including areas
of: workers’ compensation under the State and Longshore Act, wrongful
death, auto accidents, railroad/FELA, maritime, products liability, social
security, military/veterans injuries and medical malpractice. For more
information, please contact the Norfolk office at (757) 622-5000, the
Newport News office at (757) 245-5000 or visit www.ruttermills.com.
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