Attorneys Can Ease the Pain of the Millennium Bug
New Tools for Corporate Counsel: The Emergence of the Soft Technologies of ADR
The National Conference of Bar Presidents
Regent University launches LL.M. Online and partnership with ODU
ASL hosts VBA leaders
John Marshall remembered
VLF Fellows announced
Letters of intent due to VLF for '99-00 grant cycle
Countdown to General Assembly: one month to go
Get involved in VBA activities in 1999
Moved recently? Update your VBA listing
Opportunities for charitable giving
Articles needed for VBA News Journal
Banish holiday blues with "eight S's"
For months now, retailers and promoters have been preparing us for the 1998 holiday season. "Make your own elegant decorations! Try this wonderful recipe! Your kids have got to have this great new toy!" On and on and on, until sooner or later we all get into the holiday spirit and stay in its happy little cocoon until we spoon up our black-eyed peas on New Year's Day.
Unfortunately, for those of us who have lost loved ones this year, the holidays will be bittersweet. Certainly, we will join relatives and friends around the Christmas tree, the menorah or the Kwanzaa candles. We'll eat, sing, open gifts and do all the traditional holiday things. But there will be empty chairs at the gathering, and it will hurt.
Each of our chairs, in time, will be emptied. We will move on, and those we care about will be left behind. No longer will we stand in line, or call 800-numbers, to purchase holiday gifts for our families and friends, or they for us. We will be remembered for the intangible gifts — our ethics, our values, our laughter and our love — which we gave and received in our lives.
Professional accomplishments are admirable, but if they are only the result of blind ambition and not a genuine desire to serve others, what's the point?
Wealth can provide security and privilege for oneself and one's family, but it can be lost in the twinkling of an eye.
One can have a picture-perfect family, but if there is no mutual communication, respect or laughter, there is no bond to sustain family members in a crisis, or unite them in happiness.
And one can achieve all of one's worldly goals of power, wealth and acclaim, but if a person does not care for his or her fellow creatures, what has been gained?
Today's world is hectic. Many expectations are placed on us at work, at home and in the community. It's easy to withdraw, to snap at others, to bury ourselves in whatever is handiest in order to avoid what we don't want to do.
But when we look at those who were truly great, those who are remembered fondly and/or respectfully in the annals of history, we see that they not only achieved amazing feats, but they cared about the people around them.
They are remembered for the ethics and core values by which they lived. They are missed for their humor and optimism, for their courtesy and fairness, for their strength of character and unselfish service. They took the gifts they were given, enhanced and developed them, and passed them on to others.
Some left visible legacies that have stood the test of time. Others gave simpler gifts, passed from generation to generation. And others lit figurative candles that have burned away the darkness of evil, ignorance, tyranny, bigotry and negativity.
We may never be listed in chronicles, or have tourists flocking to our monuments. But we can have fun with our loved ones and colleagues, and put our values into practice wherever we may be. This holiday season, along with the usual too-small sweaters and ubiquitous fruitcakes, we too can give our friends and family the gifts that really matter, the ones that will never be broken or lost or returned to the store.
— The Editor Return to Top
by Jonathan R. Pond and David S. Lionberger
With little more than a year left before the predicted Year 2000 computer failure becomes a reality, time is running out for discovering and correcting the myriad of problems that have been dubbed the "millennium bug" or "Year 2000 problem." Most businesses probably will experience at least minor interruptions as a result of the Year 2000 problem. Adequate planning and help from legal counsel, however, may ease the consequences of such interruptions. This article summarizes a few of the most basic areas in which attorneys may assist their clients as the dreaded date approaches.
Duties Within the Company
In the business context, the burden to address, evaluate and correct a company's Year 2000 problem falls on top-level executives. To comply with their duties of care, directors, officers and managers, regardless of the form of entity, must make informed decisions about their companies' Year 2000 problems. These executives should adopt, document, and oversee a comprehensive plan to address their companies' problems, which in turn will evidence the fact that they proceeded with due care. A comprehensive plan should include awareness and assessment of the problem, comprehensive remediation, verification procedures and a contingency plan. Though often overlooked, the Year 2000 compliance of suppliers, customers and key support operations whose Year 2000 problems might be transferred to the company also should be an essential part of the plan. Even the best plans go awry, however, so prudent counsel may want to ensure that its client's organizational documents include adequate limitations on the liability of directors, officers and managers and provide for indemnification by the company, where appropriate.
Holding Third Parties Responsible
In the course of implementing a Year 2000 plan, businesses most likely will encounter malfunctions that they believe should be covered under a warranty, maintenance agreement or service contract. This probably will be the first instance in which an attorney is called in to assist with a client's predicament. Even at this early stage, attorneys can be instrumental in identifying ways to shift the burdens and costs of a client's remediation to the responsible party under a contract.
Although the unavoidable litigation arising out of the Year 2000 problem receives the most media attention, attorneys may provide greater value for their clients by treating the problem prospectively. Every business should have all new agreements and licenses relating to hardware, software or other computer-related resources reviewed for affirmative representations and warranties that such software or equipment is Year 2000 compliant (i.e., that it will function properly with respect to dates, data and information both prior to and after January 1, 2000, and for a time period that extends beyond January 1, 2000), as well as more general representations and warranties that can be a source of relief (i.e., that the program will function in accordance with its specifications for a certain period of time). In addition to reviewing contracts relating to computer software and equipment, attorneys should encourage clients to think beyond the specter of the computer failure itself and consider the potential effects of third-party computer failures. If a client relies heavily on a particular supplier, customer or support provider, the client should investigate the Year 2000 readiness of such third party. Inquiry letters are wholly appropriate in such circumstances. Where the results of such inquiries are unsatisfactory, attorneys may help their clients in securing new contracts and readying for the inevitable contract defaults by the unprepared. Finally, attorneys should assist clients to ensure that they do not acquire someone else's Year 2000 problem. Every due diligence investigation should include a Year 2000 compliance investigation.
Insurance
Once problems begin surfacing in tangible form in 1999, clients' attention may shift to insurance coverage. Rather than waiting for litigation over claims, attorneys may provide invaluable service by encouraging clients to examine their insurance policies now for coverage or exclusions relating to a Year 2000 problem. A thorough review should include business, third-party liability, property and casualty, errors and omissions, fiduciary, and directors and officers liability policies. Beware at policy renewal time of exclusions that purport to limit or eliminate coverage for Year 2000 claims. Insurers in Virginia and other states have obtained regulatory approval to insert such exclusions. As might be expected, a few insurance companies offer policies designed to cover Year 2000 liabilities, but such policies tend to be extremely expensive and require an audit or risk assessment by the insurer prior to approval.
Intellectual Property Concerns
In the frenzy of correcting their Year 2000 problems, clients should be reminded not to lose sight of the intellectual property rights, including copyrights and trade secrets, of the software and hardware vendors whose programs may be modified in the process. Many software licenses prohibit modification or enhancement of the software without the licensor's permission. Even in the absence of an express prohibition, modifications or enhancements may result in "derivative works" that violate the software owner's copyright. Attorneys should review license agreements to determine whether a client may modify software in fixing a Year 2000 problem. Unfortunately, hiring outside programmers to fix a Year 2000 problem can increase the risk of an infringement claim. Therefore, counsel clients to retain only those consultants and programmers who have established protocols for gaining permission to modify or enhance software created by others.
Disclosures
By now, Year 2000 inquiry letters are old hat to suppliers and borrowers that have been requested to report on their progress in achieving Year 2000 compliance. Attorneys should ensure that clients understand that false or fraudulent responses may result in legal liability to those requesting the reports, and that incorrect or fraudulent responses to lenders' inquiries may constitute a default under loan documents. Inform clients that they may need to report certain Year 2000 problems on their financial statements. If a company reasonably could fail to be Year 2000 compliant in time, with the resulting possibility of a material impact on the company's financial statements, this contingency may need to be disclosed in the footnotes to those statements. Public companies have additional disclosure burdens, which, if not met, may expose the company, directors and officers to liability. The Securities Exchange Commission has issued a release applying detailed Year 2000 disclosure requirements to public companies and others. The SEC's Statement of the Commission Regarding Disclosure of Year 2000 Issues and Consequences by Public Companies, Investment Advisers, Investment Companies, and Municipal Securities Issuers, 63 Fed. Reg. 41394, was released on July 29, 1998, and applies to filings made by public companies on or after August 4, 1998. Attorneys should review the Statement carefully with their public company clients.
New Laws
The Year 2000 Information and Readiness Disclosure Act, Pub. L. No. 105-271 (1998), became effective on October 19, 1998, providing a shield against certain types of liability based on Year 2000 disclosures. Although the Act received much attention, attorneys should caution clients that it does not create blanket protection for all statements in all contexts. Rather, the Act provides that a qualifying "Year 2000 readiness disclosure" may not be used in a civil action to prove the accuracy or truth of matters in the disclosure itself. Nonetheless, a Year 2000 readiness disclosure may serve as the basis for a claim of anticipatory breach or repudiation. The Act also prevents other types of Year 2000 statements from subjecting the maker to liability in an action claiming that a statement is false, inaccurate or misleading. Here again, though, a plaintiff may prevail if it can show that it relied on a statement that the plaintiff either knew was false or misleading or made with reckless disregard as to its truth or falsity. Perhaps the most publicized aspect of the Act is the creation of exemption from federal and state antitrust laws for conduct engaged in solely for the purposes of correcting or avoiding a Year 2000 failure or its effects. Most attorneys, however, will find little application for the benefits of this exemption.
Conclusion
Armed with an understanding of companies' responsibilities in preparing for the Year 2000 problem, an attorney can offer sound advice over the next year that may alleviate some adverse effects of the Year 2000 problem. Rather than waiting for litigation to begin, attorneys should assist their clients to be proactive in shifting costs of correcting Year 2000 problems and avoiding the various disclosure, due diligence, insurance and intellectual property pitfalls on the road to 2000.
About the Authors:
Jonathan R. Pond graduated from the College of William and Mary in 1990 with an A.B. degree and received his J.D. degree from the College's Marshall-Wythe School of Law in 1994, where he was an editor of the William & Mary Law Review. Mr. Pond served as a law clerk to Judges W. Park Lemmond Jr. and Robert G. O'Hara Jr. of Virginia's Sixth Judicial Circuit. In 1994, he joined the Norfolk law firm of Willcox & Savage, P.C., in its Business/Corporate Section. In 1998, he joined Christian & Barton, L.L.P., in Richmond, as an associate in the Intellectual Property area of the Corporate Department. His practice focuses on trademark, copyright and Internet law and involves registration of trademarks and copyrights, negotiation and drafting of licensing and other agreements, and the handling of trademark, copyright and domain name disputes. Mr. Pond is a member of the VBA and its Intellectual Property Law Section, Greater Richmond Intellectual Property Lawyers Association, Virginia State Bar and the Bar Association of the City of Richmond.
David S. Lionberger received his B.A. degree from the University of Virginia in 1990. In 1993, he received his J.D. degree from the Washington & Lee University School of Law, where he served as the president and treasurer of the Sports and Entertainment Law Society. Mr. Lionberger received his Master of Laws degree with a concentration in corporate taxation and estate planning from New York University School of Law in 1997. Mr. Lionberger served as a law clerk to Hon. William C. Koch Jr. of the Tennessee Court of Appeals. He then went on to become an associate with the law firm of King & Ballow in Nashville. Now an associate at Christian & Barton, L.L.P., Mr. Lionberger practices in the firm's Corporate Department, concentrating in general business matters, with an emphasis on business tax matters, business planning and mergers and acquisitions. He is a member of the Tennessee Bar Association, Virginia State Bar, Nashville Bar Association and the American Bar Association. Return to Top
by John B. McCammon
The times they are a'changin'.
The dramatic emergence of mediation and related processes has provided corporate counsel with new and more effective techniques for getting the job done. Whether it be cost control, dispute management, or relationship building, the benefits available with the emerging "soft technologies" of ADR have prompted a dramatic shift in the way corporate counsel do their jobs. Faster, less expensive, less stressful and simply better results are the requirements that now must be met. Mediation and its siblings have been crafted out of this necessity. ADR as a significant corporate tool is here.
What triggered this ADR explosion?
Technical advances have shrunk our globe. As a result, the geographic reach of businesses has expanded, thus creating more competition with businesses which previously were only remote spots on the globe. In order to compete effectively, corporate entities have had to enhance their performances. One of the many line items in a corporate expense budget is dispute resolution. As the general counsel of one of America's leading corporations reputedly said in the old days, "They give us an unlimited legal budget every year, and every year we exceed it." No longer is this the case. Competitive pressures have stimulated the development of new and creative processes to help in cost cutting, in saving time, in producing better resolutions of disputes and in preserving business, customer and employee relationships. ADR has come to the fore.
What is ADR?
ADR refers to "alternative dispute resolution." Essentially, it reflects the privatization of the resolution of disputes, a process which has been previously dominated by the public sector. (Not only has the ADR movement been driven by private pressures, but it has also been fueled by increasingly scarce public resources.)
The "sleeping giant" of ADR is mediation which is the negotiation of a binding resolution of a dispute with the aid of a neutral. Its touchstone is flexibility. It has four basic stages.
(1) In the introduction, the mediator establishes rapport and sets ground rules.
(2) In the narrative stage, the parties tell their stories. Generally, counsel leads this effort, but the
active participation of the parties is encouraged.
(3) In the negotiation phase, the mediator coordinates focused discussions among the parties in a single group or in any number of breakout sessions, called caucuses. In whatever format, the strengths and weaknesses of the respective cases are discussed, interests and positions are identified and explored, and solutions are examined.
(4) In the final step, resolution, the mediator assists the parties in finding common ground and agreeing to a binding settlement.
Another ADR process with which many lawyers are more familiar is arbitration. Once the ADR method of choice, arbitration is now increasingly less popular than mediation. Arbitration is a private adjudication by a neutral. It is fundamentally a relaxed trial, but with very little opportunity for appeal.
There are also other processes being developed (mock trials, neutral case evaluation, partnering, ombudsmen, mediation/arbitration, etc.).
What's so great about ADR?
The dramatic popularity of mediation is explained when reviewing its benefits.
1. Effective - It works up to 85 percent of the time.(1)
2. Cost control - 90 percent of corporations would use mediation for this purpose.(2)
3. Dispute management - 81 percent of corporate respondents think mediation produces a
more satisfactory result than litigation.(3)
4. Confidentiality.
5. Preservation of relationships.
6. Time savings.
7. Reduction in personal and organizational stress and disruption.
8. Increase in control and predictability.
It should be noted that ADR users feel strongly that the accrual of these benefits is greatly dependent on the quality of the neutral employed.
The popularity of arbitration will usually depend on the efficiency and speed of the state and federal court systems in a given state. In states with slow court systems, arbitration is still strong; in states with efficient systems, e.g., Virginia, arbitration is less needed. Nationally, arbitration is growing only incrementally while mediation's growth is exponential.
How have corporate counsel and others reacted?
As a result of the growing recognition of these benefits, the corporate world has increasingly embraced ADR and, specifically, mediation. Eighty-eight percent of corporations used mediation in the last three years.(4) Seventy-nine percent of corporations used arbitration in the last three years.(5) The ABA's 1996 survey reveals that the bar at large actually prefers mediation over litigation. Seventy-seven percent of the respondents in the ABA survey said that their clients were willing to use mediation. Even the federal government has announced its support, and the insurance industry is actively involved. This trend continues dramatically upward.
How are these techniques best used?
Of course, mediation and the related ADR processes may be utilized on a case by case basis as disputes arise. The disputing parties can contact an ADR provider and go forward. In addition, businesses can draft ADR clauses into contracts which provide for these processes in advance.
Increasingly, corporate counsel as well as associations and individual business persons are utilizing these processes in programmatic ways. The National Association of Securities Dealers has a mandatory ADR program to deal with customer claims. Toro Power Products has virtually eliminated its products litigation because of its mediation program. Internal dispute resolution programs designed to handle employee claims are becoming commonplace. The construction industry has long been a leader in arbitration and now is shifting its attention to the use of mediation. General Motors has a national ADR program to deal with dealer disputes. Financial institutions are increasingly adopting ADR programs to deal with customer claims. The recent bankruptcy proceedings of Best Products required mediation as a condition precedent to any trial. The Center for Public Resources is a consortium of America's corporate leaders (Pepsi, Kellogg, Philip Morris, etc.) which have agreed to use ADR to resolve inter-company disputes. The National Association of Manufacturers and The Equipment Leasing Association have ADR programs. It is anticipated that many of the Y2K disputes will be addressed by ADR techniques.
The underlying competitive processes that have fueled the corporate adoption of ADR continue. And so will the dramatic growth of ADR.
Notes
1. "Movement to Mediate Is Growing," The Wall Street Journal, July 1997.
2. "The Use of ADR in U.S. Corporations: Executive Summary," David B. Lipsky and Ronald L. Seeber, Conflict Resolution Notes, Vol.15, No.3, January 1998.
3. Id.
4. Id.
5. Id.
About the Author:
John B. McCammon is president and founder of McCammon Mediation Group, Ltd., in Richmond, and a member of the Council of the VBA Corporate Counsel Section. He is also a member of the VBA/VSB Joint Committee on Alternative Dispute Resolution and co-chairs that committee's public awareness subcommittee. A certified mediator since 1995, he is a frequent lecturer on ADR processes and trends. He is a graduate of the University of Virginia School of Law and the Lyndon Baines Johnson School of Public Affairs at the University of Texas. He is a former principal of the law firm of Wright, Robinson, McCammon, Osthimer & Tatum, and is a former partner of McGuire, Woods & Battle in Richmond. Return to Top
by Marshall M. Curtis
"Marley was dead ... There can be no doubt of that," else Dickens' A Christmas Carol would not possess such a timeless immediacy.
Perhaps Marley's fate also has something to do with the tale I am about to relate and the way it thrives in my consciousness and insists, from time to time, upon being told.
It was a number of years ago and must have been about two in the afternoon on a relatively hot day in July or August. My desk at the USPTO faced north and the sun was over my left shoulder but did not penetrate far into the room; the colors of light abruptly changing seasons at the boundary of the fluorescent-illuminated shadow.
The figure who tentatively knocked and apologetically entered the open door carried two paper shopping bags and wore a dark blue suit, lightly dusted by his recent surroundings. He also carried a grey fedora bearing a somewhat more developed patina. His beard was a very light grey stubble of about 18 hours' provenance. His carriage and complexion bespoke both some current fatigue and some continuing burden. Yet I have seldom seen eyes so bright with hope, purpose and caring and something yet beyond those things.
He indicated a desire to speak to a petitions examiner (now called a special programs examiner) in regard to an "unusual procedural problem" he was having in regard to one of his patent applications. There were several words in that innocuously phrased inquiry to which examiners are instructed to be particularly alert.
First, a petitions examiner is an expert in office procedures and policies and the title would not be generally known to the public.
Second, a reference (oblique though it was) to more than one application inferred some degree of practical experience in the arcane field of patent prosecution which seemed quite incongruous.
Third, an inquiry as to a "difficulty" regarded as "unusual" might presage an inquiry as to the adequacy of his representation by an attorney or agent before the Patent Office which examiners are prohibited from discussing.
The third possibility was quickly dispelled. "Here, let me show you." he nearly chuckled, as he turned to the shopping bag on his left. He placed its contents, item by item, across the sunlit edge of my desk as he rummaged through the bag. What emerged, almost casually and without comment, were magnificent carved wooden toys! The joints were precise but unconventional in general woodworking; interference fit for rapid disassembly and reproduction in other media such as metal or plastic. There was no coarse grain of oak or pine, but furniture woods such as walnut and cherry. Less visible but important parts were of locust and poplar. Ornamental parts were of apple and other fruit woods. Springs were partially of heart-wood yew. Wheels, axles and bearings were mostly of rock-hard pear. On every surface, there was the sheen of a finish not from a can but only obtainable from the repeated inspecting caresses of the hand where the eye would have been inadequate to the artisan's purpose and aesthetic; a finish irresistibly inviting another appreciative touch.
The bag on his right seemed to hold similar objects. Many of the toys were recognizable from their garish but popular replications in plastic of the preceding few years. "Parents of the kids I know often can't buy the factory-made copies so I usually carve a few extra. The kids sometimes paint them to look store-bought."
Finally he came to his intended object as his thick hand withdrew from the bag a sheaf of well-recognizable papers. There were 40 or more thin documents, each having an engraved cover bearing the image of the long-since relinquished "old Patent Office" building on 9th Street in Washington, D.C. (now the National Portrait Gallery), and the gold seal and blue ribbons of a United States Patent grant.
"I make this trip every year now. Sometimes a toy company takes a liking to one of my toys and sometimes they don't. But some of the companies won't even talk to me without these papers. Even then these papers don't seem to impress them much."
As I looked through the patents, a single name (with a town but no street address) was at the top of each patent grant and the caption lines for the attorney or agent and the assignee were notably omitted.
"I never used an attorney for any of these. I talked to a few of them and all I ever learned was that I could apply for them myself. I do all right, I suppose, but sometimes one of them gets especially slowed down and doesn't get to make the trip with me."
How deeply suggestive a phrase; conjuring images far beyond its terms and a thought not yet fully formed! Could anyone but Father Christmas or some close kin have, so off-handedly, uttered it?
To him, his toys were his expressions of enduring values and kindness toward his surrogate offspring extending far beyond his acquaintance. His patents were his credibility for achieving his purposes in a more self-centered world and, while he might have once thought of some other "good" they might have done him, he was at least satisfied with that.
A petitions examiner seemed a good source for the information he sought and I conducted him to one whose patience and expertise were well-known to me. He thanked me and I did not see him again, except in memory.
_____
When interviewing a prospective client, my meeting with "Santa" on that late summer afternoon inevitably haunts me and provides a perspective which I find valuable.
The exercise of "qualifying the client" as it has recently been phrased, prior to creation of an attorney-client relationship, is certainly important. There is also the persistent ethical question of the propriety of "pro bono" work or contingent fees in regard to acquisition of intellectual property rights.
However, these considerations, at base, seem to presuppose particular types of services and to emphasize the attorney's business rather than his profession.
Because of this chance meeting, I sometimes find it more constructive to consider that the economic and personal decisions a client must make and of which the prospective client must be made aware are an indispensable part of the process of how the attorney and the client, together, can determine the services which are most needed and valuable and, hence, worthy of the fee that is to be charged, whatever amount may be agreed upon.
Necessity is often said to be the mother of invention. That "necessity" may arise from a need for a long-sought solution to a technological problem, a perceived need of a segment of society, a need for an economic advantage by a business or a even a need very personal to the inventor; the last of these sometimes being profound and eloquently expressive of the most human of values.
Occasionally, some small assistance, well-considered and then zealously pursued, can realize the most valuable results. The client need not be shoehorned into a "pre-packaged" form of services to be rendered.
The essence of intellectual property law practice is not only to recognize and protect, as property, the inventor's highest thoughts, creations, aspirations and, on occasion, something yet beyond these things, but to celebrate the uniqueness of the things created to their creators with the exclusive rights that may be secured to them. Is this a condition that can be maintained while taking a financial interest in it - to take a share in the value of some "thing" while seeking to secure that "thing" exclusively to its creator?
Would not Marley's chains, forged link-by-link from opportunities misused, as he referred to them in his posthumous repentance to Scrooge, be made all the more ponderous by such an intrusion?
Will the invention and the client both be well-served by the services you can render (including the bottom line of the invoice)?
Is the advice to proceed pro se well-considered or a facile way of showing a person of apparently modest means to the door, possibly covering ignorance of available assistance you could provide?
In "qualifying the client," the client's goals and faith in the "property" as an avenue of approach to those goals are completely determinative of a potential client's eventual satisfaction with the assistance an intellectual property attorney can provide. Perhaps the threshold question in an initial interview of a potential client should ask what he does and plans to do and how he hopes that a patent, trademark, copyright or advice in dealing with an idea may better his position or further those plans. The answer, if there is one, may or may not be realistic but will, nevertheless, be valid to the potential client. Without an answer, the services which may be of value cannot be identified.
Thus, not only the client but the client's purpose should be "qualified" and the latter may, on occasion, suffice for the former. Patents, trademarks, copyrights, trade secrets, domain names may all have varied uses and unique modes of valuation in the eyes of their owners.
Remuneration for either the attorney or client may be a vanishingly small aspect of the complete picture. Whatever the details of a representation arrangement and the services determined to be useful that you agree to render, a sharing of those goals and that faith can be the more enduringly valuable part of any "fee."
And so, at this season, may we all be blessed, every one.
About the Author:
Marshall M. Curtis is a partner in the law firm of Whitham, Curtis & Whitham, P.C., in Reston, and is the chair of the VBA Intellectual Property Law Section. He received a B.S.E.E. degree from Washington University and received his J.D. degree from Catholic University. He is a former patent examiner for the U.S. Patent and Trademark Office (USPTO), and is an instructor and lecturer for the USPTO Patent Academy. In addition to the VBA, Mr. Curtis is a member of the American Intellectual Property Law Association, the Washington Foreign Law Society, and the U.S. Section of the International Federation of Industrial Property Attorneys. He practices in the areas of patents, patent prosecution, trademarks and trademark prosecution. Return to Top
VBA President G. Franklin Flippin and President-elect David Craig Landin invite all Association members to become VBA Patrons in 1999.
To become a Patron, a VBA member pays $100, in addition to regular dues, to support the Association's public service and law reform programs.
The Virginia Bar Association has always sought to offer substantial value to its members in return for their dues investment. Our substantive law sections, which now number 19, provide the basis for quite a bit of that value — but there is much more:
Our CLE programs are recognized for their quality as well as diversity;
Our strong law reform and legislative programs continue to make constructive contributions to good government in Virginia;
Our Pro Bono Hotline Project has received national acclaim and is being emulated in other states as a significant way in which lawyers can assist in the delivery of legal services to the poor;
The VBA's continuing growth in membership illustrates the value which the Association delivers to its members.
Our activities have expanded — but we continue to operate with a modest budget. That is why we attach special significance to our VBA Patrons. Last year, Patrons provided more than $20,000 in additional revenue, without which some of our efforts would have had to be curtailed. This support will be even more important to our public service and law reform work in the future.
If you have not already done so, please consider enlisting as a Patron of the Association in 1999. Join with some of Virginia's finest lawyers to support our worthwhile programs, many of which would not be possible without your patronage. Many VBA Patrons simply check the appropriate box on the 1999 dues statement and enclose an additional $100 with their dues. You may also call the Association toll-free at 1-800-644-0987 and charge your $100 payment to MasterCard or Visa. Return to Top
For a complete schedule of Annual Meeting events and CLE programs, see CLE/Meetings.
For any lawyer who's seeking continuing legal education credits, The Virginia Bar Association's 109th Annual Meeting will be a treasure trove.
Over the three days of the meeting, VBA sections and committees will offer attendees a choice of 16 CLE programs, including three general sessions and one videotape, with the potential to earn as many as 10 CLE credits and 2.5 ethics credits.
There will be a particular emphasis on technology and related topics at this meeting, both in CLE programs and among exhibitors. The LawTech conference, previously sponsored annually by the VBA Law Practice Management Section, is being incorporated into the VBA Annual Meeting in order to reach more attorneys.
While the CLE programs are geared to particular areas of practice, the three general sessions will have broad appeal for all meeting attendees.
"Can Ideas from Other Professions Help the Bar Address Issues of Professionalism and Civility Among Lawyers?" That will be the question posed during the Professionalism Task Group's general session on Friday, January 15, from 9:30 to 11 a.m.
With the birth of Dolly the sheep, cloning, once the province of science fiction, became reality. The Health Law Section invites all VBA members and their spouses or guests to attend "Cloning - Double or Nothing . . . Legal and Ethical Implications of Emerging Genetic and Reproductive Technology," on Friday, January 15, from 2 to 4 p.m.
A year in the planning, the general session on cloning is certain to pique the interests of VBA members, spouses and guests alike. Panelists will include Princeton University President Harold T. Shapiro, Eastern Virginia Medical School Neurology Department Professor and Chairman Thomas R. Pellegrino, M.D., Virginia State Delegate George W. Grayson (D-Williamsburg), and Liberty University Founder and Chancellor Dr. Jerry Falwell.
The Judicial Section will focus on "Courts Under Attack: Examining Judicial Criticism and Closer Cooperation with the Community," to be offered on Saturday, January 16, from 9:30 to 11 a.m.
Early arrivals will be able to view the videotape of "The Year 2000 and You: Debacle or Distraction?" on Thursday from 3 to 5 p.m. The program was presented by the VBA Corporate Counsel Section at the VBA Summer Meeting at The Homestead in July, where it attracted a large audience of VBA members and guests, and was videotaped at that time. The panel, moderated by former Governor George Allen, included Lieutenant Governor John Hager, Corporate Counsel Section Chair Amy Holt, attorneys Dana McDaniel and Allan Heyward, and technology consultant Ann Coffou.
All CLE programs offered during the Annual Meeting are included in the registration fee. For planning purposes, VBA members should indicate which programs they plan to attend on the meeting registration form.
Why wait till June and the last-minute crunch? Get your credits now!
OK, tell the truth: have you ever been to the VBA's annual business meeting, held on Saturday morning during each Annual Meeting?
No? Well, you're not alone.
Low attendance at the VBA's annual business meeting, at which incoming and outgoing presidents pass the gavel, new officers and Executive Committee members are elected, and section and committee chairs are recognized, has been a concern for several years.
While meeting planners realize that the Friday evening banquet and related activities may influence attendees to sleep late the next morning, they would still prefer to have a sizable audience present during the changeover of Association leadership.
Therefore, this year's VBA Annual Meeting will include the first Annual Breakfast and Business Meeting, on Saturday morning from 8 to 9:30 a.m.
Members, along with their spouses and guests, will enjoy a buffet breakfast in the Lodge's Virginia Room, then stay on for a brief business meeting. 1998 President Frank Flippin will pass the gavel to 1999 President David Craig Landin, new Executive Committee members will be elected, and outgoing leaders will be honored.
The breakfast will be free of charge to VBA members, spouses and guests (please indicate the number attending on your registration form). Because of the new event, however, there will be no continental breakfast offered on Saturday in the Expo area.
Join your fellow VBA members for what the Association hopes will be the start of a great new tradition!
If technology is your passion, or even if it merely fascinates you from afar, this year's VBA Annual Meeting will offer a variety of programs to spark your interest.
Throughout the meeting, you'll want to spend time in the Law Technology/Services '99 Expo, located in the North and East Galleries of the Williamsburg Lodge & Conference Center. As at past meetings, a variety of exhibitors will be present to demonstrate products and services. This year, the emphasis will be on law office technology, thanks to the incorporation of the LawTech conference into the Annual Meeting.
The VBA Law Practice Management Section, which sponsored LawTech from 1996 to 1998, will offer a three-hour intensive program on Friday.
Continuing legal education programs on technology will be offered each day of the Annual Meeting, as follows:
On Thursday: "The Year 2000 and You: Debacle or Distraction?" is an "early bird CLE" offered as a videotape presentation by the Corporate Counsel Section, 3-5 p.m. If you were unable to attend the VBA Summer Meeting in July, this is a taped version of the popular general session offered during that meeting.
On Friday, a day-long triad of programs provides variety:
"LawTech99: A Trilogy of Technology Presentations Designed to Enhance Your Firm's Delivery of Quality Legal Services," sponsored by the Law Practice Management Section, 9:30 a.m.-12:30 p.m.
"000100110000110001110: Computer Code? DNA Sequence? or Fraud?— The Essentials of Intellectual Property Due Diligence for the Business Lawyer," sponsored by the Business Law Section, 11-12:30 p.m.
"Cloning-Double or Nothing . . . Legal and Ethical Implications of Emerging Genetic and Reproductive Technology," a general session offered by the Health Law Section, 2-4 p.m.
On Saturday: "At the Domain Name/Trademark Interface — Synopsis and Debate," sponsored by the Intellectual Property Law Section, 11 a.m.-12:30 p.m.
Three VBA groups will gather for (net)working luncheons during the Annual Meeting.
On Friday, the VBA Young Lawyers Division will hold its luncheon and general session from 12:30 to 2 p.m. The cost is $15 per adult, $10 per child.
At the same time, the Small Firm Information Exchange Luncheon will be held. There is no charge, but seating will be first-come, first-served.
The Women's Roundtable, previously held as a breakfast, moves to Saturday from 1-2:30 p.m. The cost is $10 per person.
VBA members may register for any of these events on the meeting registration form.
She was a widowed mother of two when she married a Virginia farmer and surveyor who went on to become commander of the Revolutionary forces, then President of the United States. Through it all, she supervised their properties, reared her children and grandchildren, and joined her husband in his amazing adventures.
Now spouses and guests of VBA members can take tea with "Martha Washington" in the Williamsburg Inn on Friday, January 15, from 10 to 11 a.m. Travel back in time with the first First Lady, who was a fascinating woman in her own right.
The cost for this event is only $10 per person. Participants may sign up on the meeting registration form.
On Friday afternoon, spouses and guests of VBA members are invited to attend the Health Law Section's general session on "Cloning-Double or Nothing . . . Legal and Ethical Implications of Emerging Genetic and Reproductive Technology," from 2 to 4 p.m.
by R. Terrence Ney
While many lawyers may never work directly with the National Conference of Bar Presidents, that does not mean that their lives and professional activities will not be influenced by the work of the NCBP. This organization provides a nationwide network for bar presidents, offering exchanges of information, ideas and support, all aimed at helping bar presidents serve and manage their associations, and assisting them in developing worthwhile programs and activities for association members.
Former VBA President R. Terrence Ney, a partner in the firm of McGuire, Woods, Battle & Boothe, L.L.P., in McLean, recently completed his term as a member of the NCBP Executive Council and here offers a look at the Conference's activities. (He currently serves as the VBA's representative in the American Bar Association House of Delegates.)
Having just completed a three-year term as a member of the Executive Council of the National Conference of Bar Presidents (NCBP) — I believe I am the only person from Virginia to ever serve on the Executive Council — I wanted to report on my experience and to encourage those of you interested in bar activities to consider future involvement with the National Conference of Bar Presidents.
The NCBP is a voluntary organization, created in 1950, whose membership consists of approximately 175 voluntary and mandatory state bar groups and voluntary local bar associations. Virginia members include The Virginia Bar Association, the Virginia State Bar, and the bar associations of Arlington, Fairfax, Norfolk and Portsmouth, Richmond, and Roanoke.
The NCBP meets twice a year in conjunction with the midyear and annual meetings of the American Bar Association. While affiliated with the ABA, the NCBP is not a part of the American Bar Association.
Although NCBP bears a stodgy and somewhat didactic motto - "The Conference That Confers" - it is a far more dynamic group than those words suggest.
The NCBP was founded and designed to assist bar leaders throughout the United States, as opposed to being a political voice or forum. Many exceptions to that role exist - such as funding for legal services, pro bono efforts, equal opportunity - all of which NCBP has vigorously supported.
A typical NCBP meeting begins on a Friday with a plenary session followed by workshops. After midday luncheon, there is an afternoon session of discussion groups broken down by types and sizes of bar association - mandatory, voluntary and metro. Friday evening ends with a reception in one of the finest local venues of wherever the meeting is taking place.
Saturday morning begins with a plenary session followed by roundtable discussion groups. The meeting adjourns at noon on Saturday.
The goal of the meetings is to provide as much information to bar leaders as to how to more effectively serve and manage your bar association. Topics include membership, fundraising, CLE, professionalism, civility, resources available to bar leaders, and ideas for bar programs and meetings.
Additionally, each meeting provides a wealth of information about public service issues and opportunities that can - and should - be undertaken by bar associations. These include support for legal services, diversity training, mentoring programs, professionalism workshops, pro bono efforts, Law Day programs and many more.
It is virtually impossible to attend an NCBP meeting and not come away without good ideas for your bar association, as well as interesting perspectives from bar leaders throughout the country.
Service on the Executive Council is for three years. The Council meets four times a year - at the annual and midyear meetings - and generally twice in Chicago. Council work is voluntary and unpaid, but a few allowances are provided.
The majority of the Executive Council's work is organizing programs, arranging for speakers, and putting together the workshops for the two yearly meetings. If that sounds like traditional bar association work, it is because that's exactly what it is. At the same time, however, the work and the people with whom you are working have a national scope - your colleagues are likely to be former bar presidents of Texas, Nebraska, Beverly Hills, and Georgia. That geographic mix not only makes the work a lot of fun - the new friends you make you will have for years - but it also results in substantive programs of value for bar leaders who in turn may translate those good ideas into outstanding programs and projects for their statewide and local bar associations.
I thoroughly enjoyed my experiences as a member of the Executive Council of NCBP and heartily recommend it to anyone interested in substantive bar activities.Return to Top
Regent University Law School is zooming along the information superhighway with two state-of-the-art vehicles these days.
In fact, it's "boldly going where no law school has gone before," to paraphrase Captain Kirk's famous line from Star Trek.
Beginning in October 1998, Regent became the first ABA-accredited law school in the nation to offer an online advanced law degree program.
The adventurous Virginia Beach-based institution has also made an agreement with Norfolk's Old Dominion University to offer a dual degree program in engineering and law, aimed at training future patent and intellectual property lawyers and keeping them in — well, the Old Dominion.
The online program is primarily for students who already have a law degree, and offers the opportunity to earn a master of law and letters (LL.M.) degree by taking eight courses during two years.
A limited number of spaces will be held for students with undergraduate (but not law) degrees, who can earn a master of international tax degree through the program.
Students can download lectures, receive assignments and conduct research, participate in discussions and complete examinations — all online.
In addition, students will spend two weeks on either Regent's main campus, the Washington, D.C., campus, or the International Bureau of Physical Documentation in Amsterdam, a tax research center.
The cost for the two-year online LL.M. program is $15,000. Students who do not hold a U.S. passport are charged $20,000. (In comparison, one year of regular Regent Law tuition is $15,000.)
The class currently enrolled in the online LL.M. program includes students from Hong Kong, the Netherlands and the United Kingdom as well as the United States. Another class of approximately 50 students will begin the program in January.
Regent's partnership with Old Dominion University's College of Engineering and Technology to offer a program designed to train future patent and intellectual property lawyers in both technology and law.
The dual B.S/J.D. degree would attract qualified students to Hampton Roads for engineering study at ODU, then keep them in the area for law school at Regent. It is expected that about 10 students a year will be accepted for the program, which will require a GPA of 3.3 or higher, acceptable LSAT scores, and no honor code violations.
Not only will the program be a recruiting tool for both ODU and Regent, but it will help prevent the "brain drain" of Virginia students heading out of state to pursue technical/legal careers, according to Dr. William Swart, professor and dean of the College of Engineering and Technology at ODU.
It will also give lawyers a stronger, broader knowledge of technology — an invaluable aid in an age of rapid technological development.
VBA Intellectual Property Law Section Chair Marshall M. Curtis of Reston, an early supporter of the program's concept, told the Virginia Business Observer in September that "[the program] is a good thing even if they don't get to be intellectual property lawyers.
"Virginia can use all the technology advocates it can get and has a need for improved technical skills among the legal profession."
For more information about the ODU/Regent dual degree program, interested persons may contact Dr. William Stanley at ODU, (757) 683-3775, or Wstanley@odu.edu. Return to Top
All LL.M. degree applicants must have earned a J.D., LL.B. or its equivalent from an ABA-approved law school in the United States or from a recognized international institution.
Admission to the LL.M. Online program at Regent University requires the completion of a graduate student application, including two or more acceptable references and a signed confirmation that the student has access to the systems specifications for electronic delivery of the program. If the applicant is a non-native speaker of English, evidence of English-language competency sufficient to undertake graduate study must be submitted.
For more details, visit the Regent University School of Law website at http://www.regentlaw.org/llm/html/inform.html, or contact Prof. Jon E. Bischel, director of the LL.M. Online program, at (757) 226-4613 or toll-free at (877) 850-8435. Return to Top
In conjunction with the fall meeting of The Virginia Bar Association's Executive Committee in Abingdon, five VBA leaders visited Virginia's newest law school, the Appalachian School of Law (ASL), in Grundy on October 15.
VBA President Frank Flippin, Immediate Past President Phil Stone, Executive Committee members Wade Massie and Ed Betts, and Executive Vice President Breck Arrington spent the day at the school, discussing law school plans and progress, professional issues, and VBA participation by ASL faculty and students.
The group attended classes, toured the academic building and the new library under construction, and conducted an information session with the student body, featuring a talk on professionalism by Stone.
President Flippin presented the new ASL dean, Eric Holmes, with a framed copy of the VBA Creed for display.
ASL was organized in 1994 and opened on August 11, 1997, with an enrollment of 71 students. It is one of only 13 freestanding law schools in the United States.
The visit concludes a series of such VBA outreach activities to the seven Virginia law schools during the last several years.
NOTE: The VBA Young Lawyers Division Law School Liaison Committee will hold its annual Roundtable on Friday, January 15, from 10 a.m. to noon. This committee strives to develop and strengthen the relationship between Virginia law schools and the VBA by sponsoring programs that foster open communications between schools and law firms and by assisting graduates in making a smooth transition into practice. Return to Top
September 24, 1998, was declared "John Marshall Day" in the city of Richmond, honoring the Fauquier County native who adopted Richmond as his home and went on to become the "Great Chief Justice" of the United States from 1801 to 1835.
The event, which took place on the 243rd anniversary of Marshall's birth, was highlighted by a ceremony at Marshall's recently restored gravesite in Shockoe Hill Cemetery in Richmond.
Participants in the ceremony included Virginia Chief Justice Harry L. Carrico, Virginia First Lady Roxane G. Gilmore, Bishop Peter James Lee of the Episcopal Diocese of Virginia, Richmond City Council Member John A. Conrad and John Marshall Foundation President Allen C. Goolsby. Attendees included local dignitaries, historic-preservation leaders, lawyers, judges, Marshall family members, and John Marshall Foundation supporters.
A luncheon reception at The Library of Virginia was highlighted by the presentation of the Library's portrait of Marshall to Mrs. Gilmore, for Governor Gilmore's use in his office during his administration. Return to Top
Nine members of The Virginia Bar Association have been named as members of the 1999 Class of Fellows of the Virginia Law Foundation (VLF):
Michael Armstrong, Richmond
C.B. Arrington Jr., Richmond
F. Rodney Fitzpatrick, Roanoke
Leslie A. Grandis, Richmond
Edward B. Lowry, Charlottesville
Frank B. Miller III, Richmond
William G. Murray, Arlington
Anne B. Shumadine, Norfolk
W. Scott Street III, Richmond
The class will be inducted as VLF Fellows at the Foundation's dinner and meeting on Friday, January 14, 1999, at the Williamsburg Lodge & Conference Center, during the VBA Annual Meeting. Return to Top
Ever had a burning desire to be an author? If so, the VBA News Journal can offer you an opportunity to get published.
Like any new publication, we need articles and ideas for articles. One of our goals is to publish as many articles by VBA members, for VBA members, as possible. Thus, we need your help.
From the feedback we've gotten so far, Association members are especially eager for practice-related articles of all types. These do not have to be lengthy; in fact, we prefer articles that range between 500 and 1000 words, because we can print more of them!
Young lawyers have expressed special interest in articles outlining the "nuts and bolts" of law practice. Courtroom veterans are invited to share the practical knowledge they've gained over the years with their fellow VBA members.
We're also looking for ideas for personal profiles of VBA members, or articles about the special heritage of the legal profession in Virginia. The Commonwealth has a rich and unique history, spanning four centuries, and lawyers have played important roles in it from the beginning. Think of the changes which have occurred in the last few decades!
Look for our "Writers Guide" on the Internet. Or call the VBA office at (804) 644-0041 for a copy of the guide.
And like any publication, we appreciate our advertisers' support. For advertising information, visit the VBA website or call (804) 644-0041 for an information kit. Return to Top
While you're noshing on black-eyed peas and watching football games this New Year's Day, consider making a resolution to become more involved in the work of The Virginia Bar Association during 1999.
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 David Craig Landin at (804) 788-8387 or dlandin@hunton.com.
For election to a VBA section council, members should contact the appropriate section chair (consult the appropriate section page of VBA Online 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 Philip W. Parker at (540) 983-7600 or parker@woodsrogers.com. Volunteers may also contact VBA/YLD committee chairs to offer their services (contact information is on the VBA/YLD page of VBA Online).
For information regarding any appointment, members may contact Breck Arrington at the VBA office, (804) 644-0041, or thevba@vba.org. Return to Top
Have you moved recently? Changed firms? Gotten a new phone or fax number? Joined the ranks of the world's e-mailers?
If so, the VBA staff needs to update your listing in the Association's database. With the VBA Annual Meeting only a month away, you won't want to risk missing any key pieces of information.
If any of the following elements have changed, please contact the VBA as soon as possible, with your changes in writing:
your name your title your firm name your street address your mailing address your city/state/zip code your phone number your fax number your e-mail address
Please address changes to The Virginia Bar Association, 701 E. Franklin St., Suite 1120, Richmond, VA 23219; fax them to (804) 644-0052; or e-mail them to thevba@vba.org. Return to Top
If you are planning your end-of-year charitable gifts, keep The Virginia Bar Association Foundation in mind. The 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 was the North Dakota Flood Legal Assistance Fund, which provided $3,000 to North Dakota lawyers seeking to rebuild their practices and help their clients following devastating floods in the spring of 1997. For more information about the VBA Foundation, please contact the VBA office at (804) 644-0041.
Those 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. Return to Top
The Virginia Law Foundation, a 501(c)(3) not-for-profit organization established by The Virginia Bar Association and the Virginia State Bar in 1974 "to advance the science of jurisprudence and improve and promote the administration of justice," is accepting letters of intent from organizations requesting grant support for the 1999-2000 grant cycle (July 1, 1999-June 30, 2000).
Approximately $450,000 will 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.
VBA section and committee chairs have been asked to submit letters of intent from their sections and committees, prepared in the name of The Virginia Bar Association Foundation, to the VBA office by Monday, December 14, 1998, for Administrative Committee approval and signing on behalf of the VBA Foundation. The VBA staff will submit pre-approved letters of intent to the Virginia Law Foundation by 3 p.m. on January 4, 1999.
Letters of intent should be no more than three pages in length 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 line items for the total project, indicating the amount of funding 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.
On February 19, 1999, the Virginia Law Foundation will advise if projects warrant further consideration and will send invitations for submission of formal proposals.
Invited formal applications from VBA sections and committees, prepared in the name of The Virginia Bar Association Foundation, will be due at the VBA office on March 11, 1999, for authorized signatures and to have required supplemental information included.
The Virginia Bar Association will then submit all grant applications to the Virginia Law Foundation by 3 p.m. on March 18.
For more information, please call the VBA office at (804) 644-0041. Return to Top
The countdown to the 1999 Virginia General Assembly has already started, even though the session won't get underway until January 13.
Bill prefiling has been continuing since last July. September and October found members of VBA sections and committees scurrying to complete work on their legislative proposals and agendas, in advance of review by the Association's Executive Committee at its October 16-17 meeting.
December 20 is the deadline for consideration of carryover legislation and will be the last major deadline until the Assembly convenes next month.
The VBA News Journal will feature an overview of legislation proposed by Association groups in its January issue.
Updates on legislative actions taken on bills of VBA interest will be available on VBA Online throughout the session, which ends February 27. Association members can also use the VBA's online link to the Virginia legislative information system to keep abreast of current activity.
A review of the 1999 legislative session will appear in the April issue of the VBA News Journal.
Members of VBA substantive law sections will receive summaries of 1999 legislation related to their practice areas, to be distributed after the session ends and final action is taken. This annual service is provided to all paid members of VBA sections, and a separate summary is produced for each section.
The legislative calendar is listed below for your reference:
Current: Bill prefiling (began July 17).
December 20: Deadline to consider carryover bills.
January 13: Session begins.
January 18: Bill drafting deadline.
January 25: Bill introduction deadline.
February 27: Last day of session. Return to Top
Most of us look forward to the holiday season every year, but the increased activity adds to our usual stress levels.
In addition to our regular work schedules, we have to work around vacation times-our own and our co-workers'. There are traditional holiday activities such as shopping, decorating, crafting, and cooking. Special events at this time of year often involve rich food and late hours. Family gatherings bring out the best in those we love, and sometimes the worst. If we're lonely or sad at this time of year, we tend to feel that it's not only our fault, but a major catastrophe. And as the song goes, "Gee, the traffic is terrific"— and that's "terrific" as in "terrifying."
No wonder we develop an overload of tension, and even bad colds or flu bugs, as we try to "do it all." Taking care of your physical, mental and emotional health during this time of year is important.
The following "Eight S's" of a healthier lifestyle are excerpted from an article titled "Stress Management for the Trial Lawyer" by Don Jones, Director of the Texas Lawyer Assistance Program, and were published last year in the Lawyers Helping Lawyers newsletter, The Recovery. These can benefit anyone!
1. Sleep. Get enough of it on a daily basis. A tired mind and body are poor allies in stressful situations.
2. Sustenance. Treat your body like a friend. Eat well. Exercise daily. Learn techniques to help you relax. Avoid relying on alcohol, caffeine, nicotine and other pseudo-stress reducers. When you experience illness or distress, get help.
3. Solitude. All of us need time alone, whether a little or a lot. But it's not so much the time you spend alone that matters as it is what you do with that time. Refill your emotional reserves; give your mind a chance to rest.
4. Sharing. Just as solitude is important, so is sharing your life, your thoughts, your emotions, your hopes, and your fears with someone else. Your life is stressful enough in itself without trying to go it alone.
5. Silliness. Don't take yourself so seriously. At least once a week, do something fun that involves no competition. Nothing relieves tension better than a good laugh.
6. Spirituality. Spirituality doesn't necessarily mean a formal religion. Find what works for you, and then pay attention to it. A sense of spirituality can also provide you with guidance, perspective and direction, helping to reduce anxiety, worry and guilt.
7. Service. Try to do something kind for someone else on a regular basis. The more anonymous you can be about it, the better. Focusing outward, rather than inward, can be a boost to your spirits and self-esteem.
8. Structure. And the final "S": Structure in time to do all of the above. The less time and energy you have to devote to trying to find the means to do these things, the more energy you can devote to doing them. Return to Top
VBA members Virginia H. Hackney and Barbara L. Hulburt won the Fifth Annual Women of Achievement Awards at the Metropolitan Richmond Women's Bar Association luncheon at the Omni Richmond Hotel on December 2. Hackney, a partner in the law firm of Hunton & Williams since 1977, is a member of the VBA Health Law Section Council and chaired the VBA Business Law Committee (now Section) in 1980-82. Hulburt, chair of the VBA/VSB Joint Committee on Alternative Dispute Resolution, is president of Access Family Mediation, a division of the McCammon Mediation Group, and was the first director of the Virginia Supreme Court's Department of Dispute Resolution. Hackney's nomination was prepared by former VBA Treasurer and Executive Committee member Virginia W. Powell on behalf of The Virginia Bar Association; Hulburt's, by VBA member John B. McCammon, president and founder of the McCammon Mediation Group.
The Transportation Section Air and Space Committee's guest speaker for its fall meeting in November was William E. Broadwater, one of the renowned "Tuskegee Airmen" of World War II. Following the war, Broadwater went on to become head of the Airspace, Airports, Obstructions and Air Traffic Rules Division of the Federal Aviation Administration. A flying trip to Maryland's Patuxent River Naval Air Station was also on the agenda.
Stanley G. Barr of Norfolk, a VBA member and partner in the firm of Kaufman & Canoles, P.C., recently became a Fellow of the American College of Trial Lawyers during the autumn meeting of the College in London. Barr chairs the firm's litigation section and currently serves as chair of the Norfolk Civil Service Commission. Barr is a 1966 graduate of the Marshall-Wythe School of Law at the College of William and Mary.
Sandy T. Tucker of Richmond, a VBA member and partner in the litigation department of Williams, Mullen, Christian & Dobbins, has been appointed to the Board of Directors for the Virginia College Fund. Tucker, who also chairs the firm's franchise law group, is a graduate of the T.C. Williams School of Law at the University of Richmond. The Virginia College Fund is a nonprofit Virginia corporation established in 1965 to provide the best opportunity for corporations, foundations and individuals to support a group of independent colleges in Virginia.
The Board of Directors of Legal Services of Northern Virginia (LSNV) has launched a nationwide search for a new executive director, following the resignation of Charles E.K. Vasaly, who served as LSNV's executive director for 18 years. Vasaly will continue to assist LSNV as a resource during the transition period. Lori Keitz Wagner, formerly managing attorney of LSNV's Fairfax branch office and chair of the Housing Law Program group, has been appointed acting executive director.
Just proving that it pays to be nice ... Former VBA/YLD Chair Matthew Broughton of Roanoke was recently named "Boss of the Year" by the Roanoke Valley Legal Secretaries Association. Broughton, a partner in the law firm of Gentry, Locke, Rakes & Moore, helped organize the VBA/YLD's hospitality activities for bar examinees. As a lawyer/pilot, he is now an active member of the Air and Space Committee of the VBA Transportation Section. (Guess one could say he's taking courtesy to new heights.) Return to Top
Pursuant to Article IX, Section 1, of the Bylaws of The Virginia Bar Association Young Lawyers Division, the Secretary-Treasurer hereby gives notice that a motion to amend the Division's bylaws will be entertained at the general business session of the VBA/YLD on Friday, January 15, 1999, at the Williamsburg Lodge and Conference Center in Williamsburg, Virginia, between 12:30 and 2 p.m.
A copy of the proposed amendments may be found on the Young Lawyers Division page of VBA Online.
Persons without Internet access may contact The Virginia Bar Association office at (804) 644-0041 to receive a hard copy of the VBA/YLD bylaws with the proposed amendments. Return to Top
All members of the VBA Young Lawyers Division who will be attending the Association's 109th Annual Meeting in Williamsburg should plan to attend the VBA/YLD's annual luncheon and general business session on Friday, January 15, from 12:30 to 2 p.m. at the Williamsburg Lodge & Conference Center.
Spouses, guests and children of VBA/YLD members are also welcome to attend
the luncheon.
The cost is $15 per adult, $10 per child. Members may register on the meeting
registration form. Return to Top
Newly admitted lawyers from Northern Virginia were the VBA/YLD's guests of honor for a social gathering at Arlington's Clarendon Grill on the evening of November 12.
Approximately 70 VBA members and new admittees attended the event, which VBA/YLD Chair Pete Johnson described as "very social in nature, not a formal reception."
VBA and YLD members spoke individually with new lawyers about opportunities and benefits of becoming involved with the Association and the Division. In addition to Johnson, the social hour was attended by Past President Terry Ney, Executive Committee members Lane Gabeler and Jeanne Franklin, and Executive Vice President Breck Arrington.
VBA/YLD Membership Committee Co-Chairs King Tower and Stacy Taylor planned the event, which resulted in the VBA/YLD gaining a number of interested new members in Northern Virginia. Return to Top
The Young Lawyers Division of The Virginia Bar Association is expanding two of its committees (Lawyers for the Arts and the NCAA Circuit Riders) to the Northern Virginia area and is looking for young lawyers who are interested in chairing or serving on these committees.
If you are interested in getting involved with these committees or with any other projects that are currently being planned for the Northern Virginia area, please contact Vaughan Gibson at (202) 663-8377. Return to Top
Assignments will soon be made for 1999 VBA/YLD liaisons to The Virginia Bar Association's substantive law sections and committees. These positions are open to all VBA/YLD members.
If you are interested in serving as a VBA/YLD liaison to a substantive law section, please contact Vaughan Gibson at (202) 663-8377. Return to Top
The VBA/YLD page on VBA Online (http://www.vba.org) has been expanded recently to display information about the Division's many committees. Most committee listings include a brief description of activities, and all include telephone and/or electronic contact information.
This fall, VBA/YLD committees have held town hall meetings in Northern Virginia and Hampton Roads, sponsored the regional level of competition for National Moot Court honors, repeated the Art/Law Conference and "Stop the Violence" training, and brought together Pro Bono Hotline volunteers from different areas of the Commonwealth for a productive roundtable, among other activities. And the VBA/YLD calendar will be just as packed in the spring.
If you'd like to volunteer to help the public and the profession, it's certain that the VBA/YLD has a spot for you! Return to Top
The Nominating Committee of the VBA Young Lawyers Division is pleased to announce the following nominees for the 1999 slate of officers:
Chair: Philip W. Parker (Woods, Rogers & Hazlegrove), Roanoke
Chair-elect: James V. Ingold (Chadwick, Washington, Olters, Moriarty & Lynn), Fairfax
Secretary-Treasurer: David N. Anthony (Kaufman & Canoles), Norfolk
The Committee is also pleased to announce that the following members of the Division have been nominated for election to the VBA/YLD Executive Committee:
Christopher S. Boynton (Cooper, Spong & Davis), Portsmouth, Tidewater
Stephen D. Otero (Mays & Valentine), Richmond, At Large
Monica L. Taylor (Gentry, Locke, Rakes & Moore), Roanoke, At Large
Stacy Colvin Taylor (Hunton & Williams), Richmond, At Large
Edward B. Walker (Mundy, Rogers & Frith), Roanoke, At Large
Other nominations for the Executive Committee may be made by any member of the Division by notifying the chair of the Nominating Committee in writing immediately:
Kevin P. Oddo, Chair, VBA/YLD Nominating Committee
Flippin, Densmore, Morse & Jessee
P.O. Drawer 1200
Roanoke, Virginia 24006
The Division will vote on the candidates for chair-elect, secretary-treasurer and the Executive Committee at its business meeting on Friday, January 15, during the VBA Annual Meeting. The chair position is filled automatically by the outgoing chair-elect. Return to Top
Copyright 1998 The Virginia Bar Association