President’s Page:
Professionalism in the New Millennium
Anita O. Poston

Many of my predecessors as VBA president advocated a particular theme or adopted a new program during their terms in office. Phil Stone will be remembered for his emphasis on professionalism, Jay Johnston for the creation of the Capital Representation Resources Center, Allen Goolsby for the joint study with the Virginia State Bar on the unmet need for legal services, and Frank Flippin for his focus on technology.

I chose a different approach. At the dawn of this new millennium with so many challenges confronting Virginia lawyers, and, in turn, the VBA, it seemed the wiser course to take stock of who we are and how we do business and to develop a longer term strategy. The inventory of issues we are facing is all too familiar: multi-disciplinary practice, multi-jurisdictional practice, loss of public confidence in the justice system, demographic shifts creating a multi-lingual and multi-cultural populace, overwhelming advances in information technology, a global economy and more. Many of these challenges are land mines having the potential to weaken or destroy the legal profession as we know it. Nevertheless many present opportunities for the growth and positive change.

This year the VBA Executive Committee examined these trends and tried to determine how they affect the VBA and its members and how the Association should carry out its mission during the next several years. This process is continuing as we prepare a new strategic plan expected to be adopted at our January meeting. I encourage you to read more of the details of the plan in the coming issues of the VBA News Journal.

In my remaining space I want to address a troubling issue which surfaced repeatedly this year, not only in our planning sessions but in a number of other professional venues.

The issue is the growing dissatisfaction and disillusionment among fellow members of the legal profession with their careers in the law. Many young associates are leaving the profession after only a few years of practice and many of our more senior lawyers are retiring far earlier than ever anticipated. Virginia State Bar President Joseph Condo touched on this phenomenon on the President’s Page in the last issue of the VSB journal. Our VBA Young Lawyers Division Council discussed it early this year during its meeting at the Sanderling Inn. These talented, bright young lawyers discussed the difficulty of striking a balance between a demanding professional life and the private life they want for themselves and their families.

Bill Broaddus addressed it in one of his essays as president of the Bar Association of the City of Richmond; he described the economic pressures on lawyers as “all but suffocating.” Perhaps worse than lawyers leaving the profession, is the estimate that 15 percent of lawyers in this country have problems which threaten their ability to practice. Approximately two-thirds of this number are suffering from drug and alcohol abuse, while the rest suffer from some form of mental illness, both conditions that are often worsened by work-related pressures so familiar to lawyers.

Many lawyers are suffering under the effects of what can best be described as professional isolation. Increasing specialization, advances in information technology, growth in the number of multi-state mega law firms, and the continuing expectations to work longer hours to maintain an adequate income are all factors in the increasing institutionalization of the legal profession. Moreover, the anonymity brought about by both urbanization and suburban sprawl has diminished traditional opportunities for lawyers to be involved deeply in their local communities and to serve as friendly advisers and counselors. The resulting professional isolation is terribly frustrating for those individuals who entered the legal profession because they saw in it a chance to do good while doing well.
Rather than being resigned to this situation attributing it to global economic conditions beyond our control, I believe it presents an opportunity for The Virginia Bar Association to fill a an unmet need.

The VBA mission clearly addresses many of the concerns which besiege lawyers today. The core values expressed in the mission statement of the VBA of professionalism, law reform, and collegiality have stood the test of time and may hold an answer for many of those in our profession who are dissatisfied with their professional lives.

Although we may have reached that point in out lives when we have come to realize that we will never be President of the United States, never win the Nobel Peace Prize, and never be appointed to the Supreme Court, we need not live the remainder of our professional time in lives of quiet desperation mired in billable hours, discovery depositions, and marketing lunches.

The VBA provides a real opportunity to make a difference in the law, in the profession and in our community through the focus on public service and professionalism. At our planning retreat, the Executive Committee recognized professionalism as more than the internalization of rules of ethics and civility. The VBA brand of professionalism includes, among other elements, competency; judgment; an appreciation of the law in the context of history, psychology, economics, politics and the arts; a guiding sense of spiritual value; and a balanced life with focus on family, community and service as well as career.

This concept of “professionalism plus” borrows generously from the notion of the “citizen-lawyer” originally envisioned by George Wythe upon his designation by Thomas Jefferson as the first chair of the then-fledgling law school at the College of William and Mary. Wythe’s current successor, Taylor Reveley, the dean of the Marshall-Wythe School of Law is today challenging his students to re-examine this idea of the citizen-lawyer and the lawyer’s obligation to public service. Dean Reveley points to the example of former VBA President and United States Senator, William Spong, who exemplified the modern-day citizen-lawyer. The VBA offers every Virginia lawyer an opportunity to inject into his or her professional life some of the more satisfying and rewarding elements of public service and balance which have been stripped as a result of economic pressures of our times.

In addition to the opportunities in the VBA to “do good,” in recent years our winter and summer meetings have been designed to welcome families of all ages. Programs on medical ethics, education, cyber-terrorism, and Virginia history have challenged the lawyer and non-lawyer alike to look beyond our usual comfort zone.

The clock cannot be turned back to the “good old days” when deals were sealed with a handshake, lawyer advertising was forbidden, and the halls of the General Assembly were filled with lawyers. We can, however, seek alternative ways to work with cooperation and collegiality with other lawyers and judges, advocate law reform, and advance professionalism.

The VBA strategic plan now being developed will offer lawyers in Virginia many ways to engage in an expanded brand of professionalism and will continue to offer an expansive array of initiatives from law reform to public service in which lawyers can bring balance into their lives by engaging in activities designed to benefit the public and improve both the legal profession and the judiciary. If you are not already engaged in the work of a section or committee, I invite you to volunteer, get involved, and get connected. The VBA can provide you with that needed balance. Return to Top

The VBA Special Issues Committee:
White House Conference, public policy program are highlights of 2000
Caroline Bolte Cardwell

As 2000 draws to a close, The Virginia Bar Association’s Committee on Special Issues of National and State Importance can look back on a hectic but extremely productive period.

The two-decades-old Committee, which is comprised of some 30 Virginians representing the bench and bar, and the academic and business communities, was revived two years ago under the leadership of former Virginia Governor Gerald Baliles. Its objective has been to increase awareness and discourse, among members of the bar and the general public, on major public policy issues facing the Commonwealth and the nation. The Committee’s membership is purposely diverse, encouraging the participation of lawyers and nonlawyers alike, and is organized into six subcommittees: Citizenship, Education and Environment, Financial, Globalization, Infrastructure and National Security.

The Committee’s contributions to the life of the VBA have been multifaceted. In addition to sponsoring programs at the VBA Annual and Summer Meetings on current issues of importance and recruiting prominent banquet speakers, the Committee co-sponsored a White House Conference in June on cyberterrorism and cybercrime issues.

This fall, the Committee unveiled its Public Policy Program, in which it is distributing informational op-ed columns and speeches based on research completed by Virginia law students in seminars conducted by law schools in partnership with Special Issues subcommittees.

Committee Chair Baliles has recruited a number of well-known speakers for VBA meeting banquets. This year, the Annual Meeting banquet was addressed by Jane Garvey, director of the Federal Aviation Administration, and former Secretary of State Lawrence Eagleburger delivered remarks at the Summer Meeting banquet. Last year’s Summer Meeting featured William Webster, former director of the Central Intelligence Agency; in 1998, the Summer Meeting speaker was Japanese Ambassador Kunihiko Saito. Next month, Special Issues Committee member Tim Sullivan, president of the College of William and Mary, will speak at the 2001 Annual Meeting banquet.

The Committee has organized major panel discussions for several VBA meetings on critical current issues of state and/or national importance. At the 1999 Summer Meeting, the focus was Virginia’s Standards of Learning; at the 2000 Annual Meeting in January, the topic was “Cyberterrorism”; and the 2000 Summer Meeting featured “The American Jury — An Endangered Species?” Each program has featured prominent state and/or national authorities as panelists, and most have been presented before packed meeting rooms.

On January 19, during the 2001 Annual Meeting in Williamsburg, the Committee will host a program entitled “2001: An Odyssey Into the Future—What Are the Critical Legal Issues for Us?” Dr. Jim Dator, director of the Hawaii Research Center for Futures Studies at the University of Hawaii and a nationally-recognized futurist, will be among the panelists.

The Committee’s standing-room-only program on cyberterrorism and cybercrime issues at the VBA 2000 Annual Meeting led to its co-sponsoring a White House Conference on the subject of “Liability, Security and Privacy: Legal and Policy Issues Emerging from Reliance on Critical and Information Infrastructure—A Challenge for the Commonwealth of Virginia” on June 21, in partnership with the College of William and Mary School of Law, in coordination with the Critical Infrastructure Assurance Office, U.S. Department of Commerce, and the National Infrastructure Protection Center, U.S. Department of Justice.

A number of Virginians representing various fields — law, government, business, academia, information technology and related areas — gathered at the White House Conference Center in Washington for the day-long conference.

Conference participants focused on these three distinct yet related legal issues — liability, security and privacy — in the Digital Age. Panel presentations were followed by roundtable discussions and reporting of questions and conclusions. The following short summaries regarding the three major issues and the conference’s conclusions are taken from the post-conference report.

Liability: Attacks on one system or facility can create a “domino effect,” leading to cascading damage to third parties; in addition, denial-of-service attacks may undermine reliability and service delivery. Conference attendees drew various conclusions covering the need to identify and address traditional concepts of liability and fiduciary duties of care in the context of the digital environment.

Security: Attendees agreed that infrastructure owners and operators must take steps toward securing their systems and preventing intrusion and damage. Responsibility is compounded by the lack of established standards, as well as the complexity of securing networked and independent systems; these are areas requiring further analysis and development.

Privacy: In an age when information systems collect and store massive amounts of sensitive data about individuals, real and complicated questions have arisen about how to protect personal privacy. The legal community needs to devote time, knowledge and attention to meeting these challenges.

Many of the conference attendees agreed that the legal community must take a more aggressive role in confronting the challenges posed to liability, security and privacy; these issues concern the entire legal community. Lawyers, particularly those in firms or in corporations, have the best understanding of, as well as ownership interest in or responsibility for, the majority of the infrastructure and information systems. In the public sector, state and local government agencies, legislators and judicial officers must also offer their input.

More feedback in this area is also needed from the academic community, including professors, researchers and law students, who can provide top-quality legal research and analysis of the issues at stake. To date, attention has been focused on e-commerce and intellectual property issues; but as Internet usage expands and new features are added, there is a growing need for serious research and thoughtful action on situations involving liability, security and privacy in cyberspace.

In his closing remarks, Gov. Baliles urged all conference attendees to continue working on the topics and concepts discussed during the conference, and pressing for more attention to legal issues related to liability, security and privacy.

More detailed information about the White House Conference, including a conference report, is available through the “White House Conference” link on the VBA homepage at www.vba.org.
The conference drew favorable national attention. Already underway are plans for a similar event in the state of Texas for government officials, lawyers and academics there, modeled after the Virginia-led event.

Most recently, the Committee’s Public Policy Program has been aimed at increasing discussion on major public policy issues among members of the general public and at the local bar association level. The Special Issues subcommittees have worked with faculty members at the various Virginia law schools to produce student research papers on current policy issues in the areas of interest to the subgroups. The research papers have been converted to a series of op-ed columns for daily and weekly newspapers and of speeches for local and specialty bar associations, both of which are now being distributed around the Commonwealth.

Three Richmond advertising and public relations firms — Carter Ryley Thomas, The Martin Agency, and Boisseau Evans & Associates — agreed to help get the program started by preparing several op-eds and speeches on a pro bono basis. Additional assistance has been provided by Dean Terry Oggel of the Virginia Commonwealth University School of Mass Communications, and VCU graduate student and Richmond-area PR consultant Ken Storey. H. Lane Kneedler III, a partner in the firm of Reed Smith Hazel & Thomas in Richmond, is coordinating the project for the Committee.

“These two aspects of the Committee’s work have the potential of providing a significant public service both to local bar members and to the public generally throughout the Commonwealth,” wrote Gov. Baliles in a message to editors and local bar leaders.

And service is what the VBA Committee on Special Issues of National and State Importance is all about—the service of making listeners and readers sit up and think, of reminding us all to take an interest in current issues—and to take action where necessary and appropriate.

Texts of the Special Issues op-eds and speeches are being made available on the VBA website. Return to Top

Practice Pointers:
Power Presentation Secrets You Must Know
Sterling Harris

You know the rules of evidence. You know the rules of court procedure. You know the facts of your case. But do you know what experts in jury analysis say? They say, “Juries don’t always reach decisions based solely on the facts, they decide on emotion and make the facts fit their story.” Emotions based not only on the facts you present to them, but also feelings about you as the presenter.

If juries do this, how do you get them to respond to you and your set of facts? How do you get them to listen, stay interested and pay attention to what you’re saying, because let’s face it: it doesn’t matter what you say . . . if they’re not listening to you! If you’re expounding the facts of your case and they’re thinking about picking up bread and milk on their way home from court tonight, you might as well be singing in the shower. They know it in marketing, they know it in politics, they know it in selling: how you present is just as important as what you present.

What are the secrets that can increase your presentation and persuasion skills exponentially? Here are just a few.

Secret #1: Remember the power of story.

An attorney once told me that the most important part of his case was the opening statement. “It’s the first time I really get to talk to them. It’s when they first get to know me, my client and the particulars of my case.” he said. I pointed out to him that the jury actually began forming impressions of him when they first laid eyes on him and that there were things he could do to create a favorable “first impression.” However, if the opening statement is that important then how it’s “packaged” is equally important.

Tell a compelling story in the opening statement. At the beginning of the trial the jury is eager to learn what the case is about, who are the players, and why they should care about them. At this point, they need more than just a recitation of facts and points of law. They need a good story; something they can relate the facts to.

How to tell it. A good story speaks to the average person in language the average person understands. This is not the time for complicated legal terms. A good story has a beginning, middle and an end. It follows a logical sequence and is easy to understand. A key element of a good story is that it has a simple theme or through line: “This is a simple case of mistaken identity.” or “This is not just a case of breach of contract, it’s a story about broken promises and broken dreams.” The theme gives the jury a frame of reference through which to filter the facts, it gives them something short and sweet to keep repeating in their minds.

A good story has drama. It is very important to allow the people in the jury experience the genuine drama of the situation. I’m not talking about dramatics or melodrama, that has no place in the courtroom and can come off as manipulative and insincere. But there is real human drama inherent in every case and when you allow the jury to experience that drama, they then have an emotional stake in the outcome of the story...i.e. the verdict.

Finally, a good story engages the listeners by engaging the senses. In a society infused with television and movies you need to be able to paint a picture with your story. When we listen to a story, we imagine the story happening. The easier it is for the jury to visualize your story, the easier it is for them to “feel a part of it.” Engage their senses; engage their minds and they become attentive, active participants.

Secret #2: The Power of Nonverbals

We’ve already said that how you say it is as crucial as what you say. In this case, it’s not the “what you say” (content, facts, evidence) of your presentation we’re concerned with, it’s the how you say it. (you, your skills as a presenter, how you are perceived).This involves what, in the communications strategy field, are called the “nonverbals.” How you look, how you move, the gestures you use, how you sound. These “nonverbals” often register with people at the subconscious level. That is, we may not consciously know that they affect us, but they do affect us in a powerful way nonetheless. There are things you may be doing that can sink your presentation no matter how solid your facts are.

Remember, it doesn’t matter what you say if they aren’t listening to you. Common sense tells us—and scientific research backs this up—that when a nonverbal and verbal message conflict, we believe the nonverbal. If our physiology or “para-language” conveys a lack of confidence in or negative attitude about what we are saying our audience (the jury) will pick it up at some level, most likely subconsciously: “I can’t put my finger on it but I just don’t believe him, something doesn’t seem
right.”

Consider the following example. In the presidential campaign of 1992, many communication experts believe that an innocent nonverbal gesture by George Bush played a significant factor in his loss to Bill Clinton. The gesture was his tendency to look down at his watch during the televised debates. That gesture gave the impression that he had someplace else he’d rather be; that he just didn’t have the time or patience to stand around debating the issues of the day on national television, that this whole thing was just a waste of his time. Whether this is true or not doesn’t make any difference. The nonverbal message came across loud and clear, and people reacted to it. This example clearly shows the importance of the nonverbal component in communication and is a strong indicator that the meaning of the message does not reside entirely in the message itself.

When you make your presentation in front of the jury, your “message” contains visual, auditory and kinesthetic nonverbal components. Obviously, some of these components are more within your control than others.

Visual. The visual component consists of your physiology and appearance—including such factors as gender, age, race, height, weight, dress, posture, gestures and facial expression. While we have limited control over our gender, age, or race, we can use other aspects of our appearance to our advantage. In terms of appearance, are you neatly coifed, are your clothes cleaned and pressed? Ladies, is your hemline at a tasteful length; gentlemen, did you remember to shave, or if you have a beard, is it neatly trimmed?

No, you’re not trying to make the cover of Vogue or GQ, but realize that perception is important. If you appear unshaven or unkempt, if your clothes are ill-fitting or outlandish, if your suit looks like you slept in it two nights running, it gives the impression to the jury that you are lax, negligent and unprepared. It sends the message that you don’t really care about this case, and if you don’t care about this case, why should the jury? While you’re making your arguments, do you want them to be listening to you, or wondering why you couldn’t find some decent clothes to wear?

This could also be interpreted as being disrespectful to the jurors. After all, it’s your fault that they have to be here; you could at least look like it mattered. Another important aspect of the visual component is making eye contact with the jury during your presentation. Making eye contact makes the jury feel as if you are talking to them, not at them. It creates a sense of connection... a feeling of sincerity... of believability.

Have you ever had a conversation with someone who couldn’t look you in the eye? How difficult was it to believe what they were telling you? How comfortable did you feel with them? Make eye contact with each juror individually. Don’t just do a visual sweep of the jury box. Do maintain eye contact for a few seconds and then move on to the next person. It personalizes your presentation; makes it more of a one on one conversation. This simple technique can be a powerful convincer.

Earlier, I mentioned the power of gestures to create an impression. Your body language and gestures can enhance or hurt your presentation. There are certain gestures that imply honesty and openness. Holding the hands apart, away from the body, palms open and facing upward is such a gesture. You might want to use this gesture as you say to the jury something like “ ...and if this happened to you, wouldn’t you come to a courtroom like this, and ask 12 people just like yourselves to right this wrong.” Other positive gestures include standing (or sitting) tall and erect with the gaze up and out. This reflects a sense of confidence and conviction about what you are saying. (If you aren’t convinced yourself, how will you convince them?)

Gestures to avoid include the arms folded across the chest. This sends a signal of defensiveness and deceit, as if you are holding back or hiding something. Turning your back on your audience while delivering your presentation, or reading to them while keeping your head down, buried in your notes, should also be avoided.

Auditory. In addition to what you say (facts), your rate of speech (pace), tone of voice (inflection), emphasis and use of pauses will influence the effectiveness of your presentation. Make your voice a powerful tool in your presentation and persuasion arsenal.

Recall a favorite dramatic scene from your favorite movie. Recall how the actors spoke. Did they speak in a deadpan monotone or did their voices reflect a sense of emotion? Did their inflections vary...sometimes raised in indignation, sometimes lowered in reflection, sometimes... maybe even a whisper for emphasis?

Experiment with this line—And they expect you to believe this. First, say it with mock surprise. Then say it with an air of indignation. Now utter it with an air of disappointment. Notice how your pace changed with each delivery. Notice how the meaning of the line changes with each different inflection.
Vocal variety is key. If you want the jury to remember a certain point you might subtly increase your pace with each statement as you build fact upon fact, and then deliberately slow down as you state the logical conclusion. The contrast in delivery will make the conclusion stand out in the juror’s minds.
Pauses can also be used effectively mark out a word or idea you want the jury to remember. We expect to hear speech at a certain rate. Just a momentary pause, an extra beat of silence before delivering that important point will have them waiting, anticipating what comes next. Don’t overuse pauses, but when used properly, pauses are a... most... effective ... communication... tool.

Kinethestic. This has to do with the emotions generated by the visual and auditory components of how you present yourself and your arguments. Your breath or body odor (whether you smell of tobacco or alcohol; or strong perfume or after-shave), how close or far away you stand. Be very considerate of the jury’s personal space. Make sure that you have established rapport with the jury before attempting close proximity. If not, they may feel intimidated and uncomfortable. You’ve violated their space and they don’t know you well enough for that.

Be aware of where you stand, how you interact with your client, how the papers are arranged on your table . Papers neatly arranged and evidence easily accessible give the impression of organization, control and something even more important, credibility; papers cluttered about, evidence in disarray, or having to borrow exhibits from the opposing attorney because you forgot or can’t find your copy (yes, I’ve seen this happen) give the impression of disorganization, a lax approach and can undermine credibility. These are things that subtly, unconsciously influence the perception the jury has of you and your presentation.

Secret #3: The Power of Anchoring

In the field of persuasion and influence an anchor is defined as a stimulus which is linked to and triggers a psychological state. An example of an anchor would be a piece of music that brings back a pleasant memory. Every time you hear that particular tune, it evokes those pleasant feelings. And every time it does that, it strengthens the link. That would be an ‘auditory’ anchor. Hear the tune; go into the emotional state.

What emotions come up for you when you see an old photograph of you and your friends from high school or college? Does it make your remember the time when your friend so-and-so did such-and-such? And do you suddenly find yourself laughing just as hard now as you did when ‘it’ first happened? That photograph is a ‘visual’ anchor. See the picture, feel the feelings.

Anchors occur naturally or can be set up intentionally. How useful would it be to be able to anchor feelings of agreement, believability or sympathy in the minds of your jury? Let’s say that you’re making your opening statement to the jury and you begin like this: “You’re sitting here today and maybe you’d rather be somewhere else.” As you say it, you nod your head slightly and tap your pen against your finger in time with the last three syllables of your last sentence.

You continue: “You’ve taken time away from your families, your jobs and your busy lives to serve on this jury.” As you say it, you nod your head slightly and tap your pen against your finger in time with the last three syllables of your last sentence.

“And you’re saying to yourself ‘O.K., so now I’m here, what’s so important, what’s this case all about?’” As you say it, you nod your head slightly and tap your pen against your finger in time with the last three syllables of your last sentence. You have just created a state of agreement in the jury’s mind and anchored it. You gave them three statements that are obviously true and real for them. They feel, of course, in total agreement with you on each statement. We call this ‘matching their reality.’
By slightly nodding your head and tapping the pen, you gave them a unique stimulus that gets unconsciously linked to their state of absolute agreement. That unique stimulus now becomes a trigger you can use to intentionally recreate that state.

Remember: hear the tune, feel the feelings; see the photograph, feel the feelings... watch the pen tap, feel the feelings. So could there be other times when you would want the jury to feel those feelings of absolute agreement... like maybe in your closing remarks, when you’re asking them to accept your conclusions and decide in your client’s favor?

Be aware of anchors and handle them with care. Keep in mind that anchors can be set naturally, that negative feelings can be anchored as well as positive ones, and that unintentionally set anchors are just as powerful as intentionally set ones.

Secret #4: The Power of Language Patterns

We humans are neurosemantic creatures. Our emotions—i.e., our nervous system, neuro—can be controlled by words—semantics. Simply put; what that means is that the words we hear affect the way we feel.

The language and the language patterns you use can have a great impact on how the jury thinks and feels about the facts you present. Language and language patterns can affect us at the level of our conscious mind or our unconscious mind.

One very powerful language pattern for influence and persuasion is called pre-supposition. Presuppositions are ideas or statements that have to be taken for granted for a communication to make sense.

Examine the following examples: “You’re not going to give me another false answer” presupposes that the person has previously given a false answer. “Are you going to wear your green or red pajamas to go to bed?” presupposes that they are in fact going to bed and that they are going to wear pajamas at all. “Realize why we place so much importance on the individual.”—What does this presuppose?

Now think about this statement—”After you embrace these facts as we present them to you, you may find yourself surprised at how naturally and easily it is for you to decide in my client’s favor . . . And then again, it may not surprise you at all.” Now, that statement was packed with several other language patterns (temporal shifts, embedded commands, cause-and-effect patterns), but the presuppositions are that they will embrace your facts and that they will decide in your favor.
In order to make sense of that communication the listener must take those presuppositions for granted. Effective use of language patterns can increase the influence power of your presentations exponentially.

Again, however, be forewarned! Language patterns, like anchors, are powerful double-edged swords. They occur naturally in our speech, and if used inappropriately, can undermine your presentation and your credibility.

Remember, in every court case both sides must argue their version to the jury. But, which side is the jury going to believe? Expert presentation skills make the difference. Used properly, these powerful secrets will enhance your facts with the power to influence.

About the Author: Sterling Harris is an award-winning speaker and trainer with more than 20 years’ experience in television, theatre, government and business presentations, mediation and facilitation. He is certified in the communication analysis techniques of Neuro-Linguistic Programming (NLP) and Neuro-Semantics©. He is also a certified Hypnotist, a certified Mediator and certified in the Zenger-Miller Training System of Leadership, Management and Teambuilding. Mr. Harris conducts seminars, workshops, one-on-one and telephone coaching on perfecting communication excellence. For more information, he may be contacted at Businesspower2U@aol.com. Return to Top

The VBA in History, 1974:
Vice President Gerald Ford’s remarks

In July 1974, as the Nixon Administration was engulfed in the Watergate scandal, Vice President Gerald Ford traveled to The Homestead in Hot Springs for the then-Annual Meeting of The Virginia Bar Association. During his visit, America’s first “instant vice president” alternated his time between national security teleconferences and golf with VBA leaders. He also addressed the Association at its banquet; an abridged version of his speech follows.

Certainly those of us who come from the other 49 states hate to concede this, but I think we must because the truth is self-evident. No state has a greater heritage in legal tradition than the Commonwealth of Virginia. It has served from our very beginning as a model for other and later colonies and certainly for our country as a whole.

The first legislative assembly ever to meet in the New World convened in Virginia in 1619. By the second half of the 18th century, Virginia’s lawyers were experts on constitutional principles. The Virginia Assembly gave an example of leadership to the other colonies by adopting resolutions proclaiming the rights of self-government and taxation only by consent.

Virginia gave America its first law school. Also, you can be proud of your Bar Association, and I am tremendously impressed. At your Association’s founding in 1888, the lawyer who opened the organizational meeting commented on what he described as “the most startling evils affecting our profession.” He said that the standard of legal ethics was “perilously low” and that “the fences are all down.” He later went on to explain that the profession had become “a common” and that “some very strange cattle now feed upon it.”

Your founder was talking about conditions in 1888. But in our time there are still some professional problems. Even as a lawyer no longer in practice, I was troubled when a national magazine headlined a report on America’s lawyers with the caption: “A Sick Profession.” I am aware that the profession of politics has also been diagnosed as even sicker. But what are we to say about lawyers who are also politicians?

It is bad enough when anyone in government violates this nation’s criminal laws. It is even worse when the offender has been educated in the law. Nevertheless, I am not about to apologize for having so many lawyers in government service, nor do I believe that government would be better off without lawyers in positions of high public trust and high responsibility. I have more respect than that for the law as a moral discipline.

The legal profession, as all of you know, demands high standards of conduct from its practitioners. We deplore the too-numerous instances of lawyers who have violated these standards. But a worthy feature of our profession is that it maintains systems for disciplining its members. Not only are lawbreakers punished by criminal courts, but lawbreaking lawyers are—and should be—made to forfeit their professional rights.

I hold my own legal education and experience in the highest regard for the help it has been to me in my role in government. I also have the highest respect for what the study and practice of law have made of so many fine men I know who have served our nation well—not only as legislators and administrators but also as judges and public prosecutors.

Fortunately we have devised a system of government that has permitted human freedom to flourish for nearly 200 years. It is a thrill for me to read some of the environment and the atmosphere that took place in those days when some 55 delegates to the Constitutional Convention met in Philadelphia and hammered out through genius and perseverance our Constitution, which in my judgment has given more freedom and more goods to more people than any other in the history of mankind.

But the freedom that they gave us rests upon the Constitution and upon the laws that have been enacted hereafter and has given to us our basic respect for both the Constitution and the law. The majesty of the law lies in the force it exerts beyond the will of any single person or group of persons. I think we have to recognize that the freedom survives because no one is beneath the protection of the law, no matter how high or how low his station in our life in this country. And the law retains its dynamic essence because no American is above the requirements of the law.

Virginians are especially aware from your illustrious history that true values do not go out of date. The Declaration of Rights of the State of Virginia, adopted in 1776, is timely today. Article 15 provides, and I quote, that “no free government, or the blessing of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.”

We cannot return to fundamental principles frequently enough, in my judgment; nor can I ignore that Article Five of the same Declaration specifies that members of Legislative and Executive branches submit themselves to election and not get too far away from the people.

Yes, our forefathers when they drafted our Constitution wanted one part of our three co-equal branches close to the people; so House members run every two years. I happen to think this is a wise decision, and I know there is some controversy that you ought to make it four years. But I frankly put it this way. If you make it four years it makes it more convenient. It makes it easier and maybe it gives to a member of the House more time to work on the business in Washington. It makes it easier for the politician. But if you make it four years, you are cutting in half the rights of the people in all 50 states to make a change in the government if they want to. And when you put on the scales the right of the people to make a change and the other side of the scale the right of the politician, it would be my judgment that the scales weigh much more heavily for the people than the politicians. So we should keep the two and not extend it to four.

Having campaigned 13 times, every two years, and firmly believing in the concept that I have just explained, I hope that I can remain close to the people in the present job that I have. To that end, I have traveled about 107,000 miles in the last seven-plus months; and as the nation’s first “instant” Vice President, I feel an obligation to be especially sensitive, if I might, to the views of people in every corner of this nation.

Some commentators have suggested that maybe I ought to remain in Washington more often and allegedly do my homework in the nation’s capital. My answer to those people is that my homework is wherever people assemble in one way or another, in one part of our society or another, to make a more perfect society. I don’t think we perfect our society only in Washington or only in state capitals like Richmond or Lansing or Columbus or Sacramento. The strength of our society, and in fact our government, is in our people in every one of the 50 states, not on the banks of the Potomac.
And as all of us—let me say they—look at the past, they see the present. As they perceive the present, they prepare for the future. One aspect of the future now involves all of us personally. Let me speak of it as the individual’s right to privacy.

This particular issue came home to me when a letter arrived at our Virginia residence a few weeks ago. It was a note from a transplanted Virginian in Florida who had accidentally received a savings bank statement of my 17-year-old daughter Susan. The good samaritan who forwarded Susan’s savings statement observed in his note, “I guess the computers will get us all down sooner or later.”
I cite this particular and somewhat humorous incident to lead into the subject I would like to discuss with you as lawyers. Personal privacy today is one of the most serious matters of public concern. The President mentioned it in his State of the Union message in January, and the White House reports that there was more correspondence relating to that particular phrase than any other part of the State of the Union message.

Subsequent to that, a few weeks later, the President appointed me to chair a Domestic Council Committee on Privacy. The committee was appointed by the President to identify the full range of choices which the nation faces in balancing the interests of personal privacy with the increasing claims by government and business to gather and use information about people.

As lawyers who deal with government and who have many connections with people, you are aware of the sensitive information about individuals and how it is processed by vast computer information systems. Unfortunately these systems at the present time, in my judgment and that of our committee, are being used without adequate controls to protect individual privacy. They are expanding at an unbelievable rate. Whether we recognize it or not, information technology is reaching into everyone’s life from birth to death and maybe beyond. The 1984 depicted by George Orwell might not be a fictional threat.

We have proposed that the executive branch of the federal government establish very specific procedures and government-wide guidelines to safeguard personal privacy. Among them was a recommendation that no agency, big or small, establish any automated information system without a specific, categorical adherence to the guidelines that are in the process of being drafted in order to protect the confidentiality of sensitive information about individuals.

In addition, the Office of Consumer Affairs was asked to prepare a draft of a declaration on individual rights to privacy in consumer transactions

The whole investigation has proven not only to those of us in the Executive but to committees in the Congress that something has to be done. I hope that, working with the committees in the House and the Senate, we can come up with some legislative answers. But we also must recognize that computers and technology are a fact of life in our society in the decade of the ’70s and that they are woven into every fabric or part of the fabric of our day-to-day society. We can’t inhibit progress. We cannot stifle orderly advances that might be achieved in the state of the art which would benefit all of our citizens. Most importantly, however, we must avoid the creation or the danger, I should say, of the creation of a federal czarism which in its effort to protect privacy ends up infringing upon individual liberty and state and local responsibility. And every time I see an octopus growing, which is a tendency in Washington for czarism to take over, I am reminded of a good sound statement that we ought to spread: A government big enough to give us everything we want is a government big enough to take from us everything we have.

It is my belief that the greatest service the Bar can give would be to construct a matrix whereby we receive the benefits of this technology which is with us consistent with our rule of law and concepts of individual rights. In this whole area, as I have seen it, the Bar can play a very vital role of leadership not only for private individuals and institutions but very importantly for the business world as a whole. The Bar can be a continuing counselor to offer advice, to offer guidance to those who in legislative bodies must consider these issues.

If the Bar becomes involved—and I think it should—particularly in working with state legislatures, I am sure it will very substantially limit the need and the role of the Federal Government, and if you do it at the state level it will be better done and it won’t involve the complications and the difficulties and the wrong things that happen when we try to do it for all 50 states at the federal level. So work with your state legislature, I plead with you.

Let me make one other suggestion. Perhaps there is in the Virginia Bar a committee already considering the area of privacy; but if there isn’t, it would seem to me that such a committee could play an invaluable role in the areas that I have mentioned. And if can repeat, you will do a better job at the state level than we could possibly do at the federal level.

I think it would be very helpful, in addition, to establish a dialogue between our National Privacy Committee and respective state bar committees because of the good counsel that you can offer. It occurred to me that this area might be one in which we could think in terms of a uniform model code such as the Uniform Commercial Code which has been successful in achieving uniformity in law relating to commercial transactions among our respective states. Frankly, this is an area where we need your good advice, common sense, expertise and deep concern.

As I close, the thinking of the early Virginia lawmakers and lawyers went into the essence of the American constitutional law concepts. Personal privacy or the invasion thereof has a constitutional basis, in my judgment. Today’s Virginia lawyers still cherish the values of the past as we look into the vision of the future.

As lawyers, it is our highest responsibility and our most sacred commitment to be leaders in upholding the values of the law; those of the past, those of the present, and those that will confront us in the future.

Following Vice President Ford’s speech, VBA President W. Gibson Harris proclaimed him an honorary member of the Association. Ford was appointed Vice President to fill the vacancy caused by the resignation of the disgraced Spiro T. Agnew. Less than three weeks after the VBA banquet, on August 9, 1974, President Richard Nixon himself resigned. Gerald Ford immediately succeeded him and served as President until January 20, 1977, when Jimmy Carter, who narrowly defeated Ford in the 1976 election, was inaugurated. Return to Top

Across the Commonwealth

Preparations underway for Marshall bicentennial in 2001, as planners recall 1901 celebrations

While it sometimes seems as though Virginians have been always celebrating the bicentennial of one thing or another for the past 25 years, Virginia’s legal community — indeed, the nation’s legal community — have a major milestone (and yes, a bicentennial observance) coming up next year.
On February 4, 1801, John Marshall became the Chief Justice of the United States Supreme Court, a position he held with honor until his death in 1835.

Renowned as “The Great Chief Justice,” Marshall established the United States Constitution, which Alexander Hamilton had described as “a frail and worthless fabric,” as the supreme law of the land. The Supreme Court had been considered “an object of derision, even contempt” until Marshall’s efforts made it an equal partner with the executive and legislative branches of the federal government and established it as the final arbiter of law.

Supreme Court Justice Oliver Wendell Holmes would later state, “If American law were to be represented by a single figure, skeptic and worshipper alike would agree without dispute that the figure could be but one alone, and that one John Marshall.”

“John Marshall 200—A Gala Celebration” will be highlighted by a gala dinner at The Library of Virginia on February 3, exhibitions at The Library of Virginia and the Virginia Historical Society, essay and art contests for students, presentations to government classes, symposia at law schools and constitutional and legal debates on Marshall’s legacy to American justice. More details of bicentennial events will be available in upcoming issues of the VBA News Journal and on the VBA website.

The first major celebration of Marshall’s appointment as Chief Justice came in 1901 with the centennial observance, held in Richmond on February 4 of that year. The VBA joined with the Bar Association of the City of Richmond to plan the festivities, which began with an invitation-only afternoon address by the Hon. Horace Gray of Massachusetts, associate justice of the U.S. Supreme Court, at the Academy of Music. An evening banquet at The Jefferson Hotel followed; again, the event was by invitation only, and at the price of $5 per ticket “to make the banquet a notable one, and in every way befitting the dignity of the event and the illustrious company.”

Although it was noted that commemorative events would take place elsewhere in the nation, planners of the 1901 observance emphasized that the centennial of Marshall’s appointment as Chief Justice was “an event in which Virginians should feel a peculiar pride, and vie with their brethren of the Bench and Bar in other sections of the Union in making the exercises at this, the capital of his native State, and the city where he so long resided, in every way worthy of the Commonwealth of Virginia and the august memory of her great son.”

Apparently the planning committee succeeded, because accounts of the event from the Richmond Times were glowing in their enthusiasm and praise of the program: “In no city of the Union was Marshall Day more fittingly observed than in Richmond, the home of the great Chief Justice.” The Academy of Music was bedecked with pictures of Marshall and miles of red, white and blue bunting, and the stage was adorned with so many potted palms that the speakers were almost hidden from view by the foliage.

While the Times report mentioned the “many distinguished men” seated on the stage, it also commented that nearly half the audience was composed of ladies. Boxes near the stage were filled with Marshall descendants and “connections,” and nearly all of the General Assembly’s members were present. Numerous lawyers from throughout Virginia were in the crowd, and the Richmond area was particularly well represented.

The program began with “The Star-Spangled Banner,” followed by “an invocation of a minute’s length” by Dr. William Evans of Monumental Church. Remarks were made by Hon. Beverley B. Munford, chair of the John Marshall Day Committee; Judge James Keith of the Virginia Supreme Court; and Justice Horace Gray, whose address on the life and influence of Marshall was hailed as “a model of painstaking work, and must always be regarded as an authority upon its title.”

That night, a glittering banquet at The Jefferson was highlighted by more speeches, florid toasts, and lavish displays of Marshall’s image and festoons of bunting. The Times described it as “brilliant,” and stated that when all were seated, “it was seen that among the banqueters were many of the best known lawyers in Virginia... high public officials, men of distinction in various walks of life, all come to do honor to the great Virginian.”

For more information about John Marshall and the work of The John Marshall Foundation, click here. Return to Top

The VBA’s fall schedule in review: hectic, successful & educational

The Virginia Bar Association’s fall schedule is always the most hectic time of the year, and this year was no exception. While space and time preclude in-depth coverage of all events, it is worth noting some highlights of the season, in addition to the sheer number of events hosted by the Association.
In September, VBA leaders gathered for their second planning retreat of the year, September 8-9, at Stratford Hall; the 30th Annual Labor Relations and Employment Law Conference was held September 14-16 at The Homestead; and the Lawyers Helping Lawyers Conference met at Richmond’s Crowne Plaza Hotel on September 29-30.

October was the busiest month by far. The VBA Corporate Counsel Section held its second Fall Forum October 5-6 at The Berkeley Hotel in Richmond; the VBA Virginia Tax Practitioners’ Roundtable met October 20 at Farmington in Charlottesville; and the VBA’s Capital Defense Workshop, always a standing-room-only event, was October 26-27 at the Sheraton West in Richmond. The VBA Executive Committee and the VBA/YLD leadership also held business meetings in October, and the VBA/YLD Domestic Violence Project Committee hosted a “Stop the Violence!” training seminar for volunteer advocates on October 17 in Fairfax.

October was also the season for Town Hall Meetings, sponsored by VBA/YLD committees in Hampton Roads, Northern Virginia and Richmond. The Hampton Roads event, on October 18 at the Contemporary Art Center in Virginia Beach, featured a debate between candidates for the Second Congressional District seat and was held in partnership with the Youth Leadership Initiative. The Northern Virginia meeting, on October 23 at Landmark Mall in Alexandria, was a four-way debate among candidates for the Eighth Congressional District seat. In Richmond, the Town Hall Meeting was a panel discussion of the proposed Virginia Constitutional amendment on hunting and fishing rights, held at the University of Richmond on October 24.

By November, the VBA schedule was somewhat less hectic. On November 10-11, the VBA/YLD held its annual Region IV contest for the National Moot Court Competition, with law schools from four states competing for the regional title and the opportunity to compete in New York City this winter. During the same weekend, the Boyd-Graves Conference met at the Boar’s Head Inn in Charlottesville.

All these events, whether large or small, represent the best efforts of VBA leaders and staff to serve the Association, the profession and the public. For information on upcoming VBA events, click here or see the back cover of any issue of the VBA News Journal. Return to Top

Letters of intent for ’01-02 VLF grant cycle are due in VBA office on Dec. 20

The Virginia Law Foundation (VLF), a 501(c)(3) not-for-profit organization, is now accepting Letters of Intent from organizations wishing to request grant support for the 2001-02 grant cycle (July 1, 2001, through June 30, 2002).

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 20, 2000.

An estimated $500,000 is 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 no more than three pages and should (1) state the applicant organization’s name, tax exemption status, and FEIN; (2) briefly explain the organization’s mission; (3) describe the proposed project; and (4) summarize expense and income items for the total project, indicating the amount of funding to be requested from the Virginia Law Foundation.

From among letters received, the Foundation Grants Committee will select for further consideration projects for which a fully developed proposal will be invited. VBA staff can be reached to assist with basic information about The Virginia Bar Association Foundation by calling (804) 644-0041. Return to Top

VBA Foundation, Chapple Fund welcome year-end charitable gifts

If you are planning your end-of-year charitable gifts, keep The Virginia Bar Association Foundation in mind.

The Virginia Bar Association Foundation is a 501(c)(3) corporation which underwrites many of the public service projects of the VBA. Your contributions are welcomed, as they strengthen our Association’s resources for positive action. One prominent recent project is the Southside Flood Legal Assistance Fund, which has already generated more than $4,000 for Virginia lawyers seeking to rebuild their practices and help their clients following devastating floods earlier this fall. For more information about the VBA Foundation, please contact the VBA office at (804) 644-0041.

Persons with a particular interest in the Lawyers Helping Lawyers Program may specifically contribute to The Stephen C. Chapple Recovery Assistance Fund. Established in 1995 in memory of former Substance Abuse Committee member Stephen C. Chapple, the fund assists attorneys with the expense of treatment for alcohol or drug addiction or with similar expenses related to rehabilitation agreements. The Fund is housed in the VBA Foundation and contributions are tax-deductible. For more information, please contact the VBA office at (804) 644-0041.

Supreme Court uses language suggested by VBA Professionalism Task Force in lawyer oath

As part of its multi-program effort to improve professionalism and civility in Virginia courts, The Virginia Bar Association’s Professionalism Task Force examined the oath that all new Virginia lawyers must take before practicing in the Commonwealth. Ed Burnette of Lynchburg suggested that the Task Force recommend to the Supreme Court of Virginia that the oath be amended to include a reference to professionalism and civility.

In March, VBA President Anita Poston and Task Force Chair Tom Spahn met with Chief Justice Harry Carrico to present this suggestion. The Chief Justice concurred, and since April 25, all new Virginia lawyers have raised their right hand to take the following oath:

I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Virginia, and that I will faithfully, honestly, professionally and courteously demean myself in the practice of law and execute my office of attorney at law to the best of my ability. So help me God.

The Task Force extends its appreciation to Ed Burnette for this suggestion and Chief Justice Carrico for the endorsement. Return to Top

2001 General Assembly will convene at State Capitol on January 10

The 2001 session of the General Assembly of Virginia will convene at the State Capitol in Richmond on January 10, where legislators and lobbyists will frenetically go about the Commonwealth’s business until adjournment sine die on February 24.

Sections and committees of The Virginia Bar Association have been at work for months on legislative proposals and studies, and the VBA Executive Committee reviewed most of the items on the Association’s agenda at its October meeting.

More details of the VBA’s legislative agenda will be made available on the legislation page of the VBA website, and in future issues of the VBA News Journal. The website also includes links to the Virginia legislative information system.

VBA sections and committees will also post legislative items of interest to their members, and links to more information, on their pages within the VBA website. Following the session, all members of VBA sections will receive summaries of legislative activity in those areas of law.

At press time, official and projected dates for the 2001 Assembly were as follows:
December 20, 2000: Last day for committee action on carryovers.
January 8, 2001: Filing of statements of economic interests.
January 10, 2001: Session convenes. First day introduction requirement by statute: Charter, claims, property tax exemption, local fiscal impact, correctional impact, retail sales and use tax exemption, and VRS bills.
January 15, 2001: Last day to request draft legislation.
January 22, 2001: Last day to introduce legislation.
February 6, 2001: Crossover deadline. Last day for committee action on revenue, debt and appropriation bills (except budget) by midnight.
February 9, 2001: Houses of introduction to complete consideration of revenue, debt and appropriation bills (except budget).
February 11, 2001: Committees responsible for consideration of budget to complete work by midnight.
February 15, 2001: Houses of introduction to complete consideration of budget.
February 19, 2001: Last day for committee action.
February 22, 2001: Last day to place bills into conference.
February 24, 2001: Adjournment sine die.
March 26, 2001: Last day for Governor to act on legislation.
April 4, 2001: Reconvened session. Return to Top

Ten years of VBA employment: Cathey, Dillard are saluted

Most VBA members have, at one time or another in the past decade, benefited from the work of Amy Cathey and Brenda Dillard, who both celebrated their 10-year anniversaries of employment with the VBA this year.

Amy, the VBA’s financial coordinator, has processed thousands of dues payments, fees of all kinds, meeting registrations, reimbursement forms and bills; Brenda, the Association’s section and committee coordinator, has worked with the VBA’s sections and committees to develop conferences, CLE programming, publications and other projects. (Needless to say, their official job descriptions include many more tasks than those named here.) Both have been visible presences at VBA membership meetings, with Amy keeping things organized at the registration desk and Brenda ensuring that meetings and presentations run smoothly.

Here’s to these tireless, stellar staffers! Best wishes to both Amy and Brenda for another 10 years with the Association, and many thanks for all their efforts.

Two other VBA staff members have reached the five-year mark in their tenure with the Association: Regina Moss, Young Lawyers Division and Membership Coordinator, and Susan Pauley, director of the Lawyers Helping Lawyers Program. Congratulations and thanks to Regina and Susan for a great first five years! Return to Top

Lost a link? Don’t despair—see www.vba.org’s various resources

The Virginia Bar Association’s website continues its growth and development with the addition of new features for the use of VBA members and visitors to the site at www.vba.org, particularly in the area of links to other websites of interest. Since the website was established in 1998, the “VBA Links” page has offered additional sources of information on local, state, national and international levels. More recent additions include the VBA Law Practice Management Section’s resources page and the VBA Civil Litigation Section’s “Weblinks for Litigators.” Both are accessible through the Sections/Committees link on the VBA homepage. Put your mouse to work for you! Return to Top

News in Brief

On February 3, 2001, Justice Antonin Scalia of the U.S. Supreme Court will address the “John Marshall 200” gala dinner at The Library of Virginia in Richmond. The VBA is among the sponsors of the event, which is a commemoration of The John Marshall Foundation. For more details, please call Julie Plunkett at (804) 648-7833.

Congratulations to VBA Executive Committee members Lane Gabeler and Vic Millner on their marriage, which took place on October 20 in Ivy, Virginia!

The VBA seeks members who are interested in serving on VBA committees and section councils in the coming year. For appointment to a VBA committee, members are invited to contact President-elect Jeanne Franklin at (703) 684-3550 or jfranklaw@aol.com. For election to a VBA section council, members should contact the appropriate section chair (consult www.vba.org for contact information). Young and new lawyers are encouraged to participate in VBA Young Lawyers Division activities and committees. For appointment to a VBA/YLD committee, members should contact Chair-elect David Anthony at (757) 624-3004 or dnanthon@kaufcan.com. Volunteers may also contact VBA/YLD committee chairs to offer their services (contact information is on the VBA/YLD web page at www.vba.org/division/yld.htm. For information regarding any appointment, members may contact Breck Arrington at the VBA office, (804) 644-0041, or thevba@vba.org. Return to Top

Copyright 2000 The Virginia Bar Association