Free for All: Let’s Roll!

For the past three years, each New Year has been marked by a unique musical, technological or film reference. 1999’s ball-dropping brought back the 1980s-hit dance tune “1999” by the Artist Formerly Known as Prince, despite (or because of) its semi-apocalyptic message. 2000, of course, was Y2K and “the” millennium, despite the fact that the “real” millennium came a year later when we’d moved on to “2001: A Space Odyssey,” with Thus Sprach Zarathustra playing in the background.

Well, now it’s 2002 and we don’t have any old disco tune, possible technological disaster or classic film to pull out and wave around in order to welcome this New Year.

Truth be told, we all seem happier to put 2001 — that annus horribilis of terrorist attacks, shark attacks, economic downturns and ridiculous scandals — behind us, than we are to welcome 2002 with another blast of pop culture.

Anyone who lived through September 11 was profoundly affected by the sights and sounds of that day. Many of us were especially moved by the valor and self-sacrifice of the passengers on United Flight 93, whose resistance to their hijackers prevented their plane’s use as a weapon against a key target in the nation’s capital, although all aboard died in the resultant crash.

Perhaps the last recorded words of Flight 93 passenger Todd Beamer, overheard by an Airfone operator as the counter-attack began — “Let’s roll!” — should be our New Year’s motto for this year.

We have grieved; we have raged; we have done what we could to mitigate the suffering of the injured and bereaved, and to protect ourselves and our loved ones. But we must, in the end, move on with our lives and our own journeys, if for no other reason that those who lost their lives on 9-11 would want us to do so.

Another Flight 93 passenger, Lauren Grandcolas, was remembered for a favorite saying: “Get busy living or get busy dying.” It it up to all of us to move forward, to get on with things, to set new goals and seek them, to take nothing and no one for granted in our daily rounds. The horrific images of 9-11 are burned into our memory, but we can take our grief, horror and anger and channel our emotions and energies into comfort, assurance and compassion as so many of us have tried to do in recent months.

We can roll, and we will roll, Todd. We are busy people, Lauren, but it won’t hurt for us to take a look at our busyness and, perhaps, reshuffle our priorities to focus on the intangible things that truly matter in this material world. And we will make 2002 as good a year for all as we possibly can.

2001 was a generally happy if hectic year for The Virginia Bar Association: good success in the law reform arena, enjoyable meetings and conferences, increasing public service involvement and a lengthy but productive strategic planning process. Early signs show more of the same to come for the Association in the coming year.

So let’s roll!
— The Editor

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President’s Page: On the Move
Jeanne F. Franklin

“Great is the art of beginning, but greater the art of ending.”
— Henry Wadsworth Longfellow

Ten months ago, I began our year together by making a bargain with you. In exchange for your support, I wrote in “Seeking Impact” that the volunteer leadership of the VBA would work toward producing measurable impact on lawyer professionalism, increasing our assistance to the General Assembly in objective law reform, and galvanizing the public’s understanding and support of our judicial system.

I explained that we intended to do this within the discipline of our three-year strategic plan; a chart of our working groups was printed in that same issue of our News Journal for your study, and your ideas, assistance and patience were requested.

In this final column, I wish to thank you for your comments, ideas and support this year. You are an extraordinarily well-intentioned and generous group of people. I am also thrilled to report that the leadership kept our side of the bargain, and has made substantial headway this year (the first of the three-year plan), in the areas mentioned above and in other specific areas as well.

A full report, “Toward a Bright Future: The VBA at the Threshold of 2002” is in preparation and will be distributed at our Annual Meeting in Williamsburg. We will also seek to publish it elsewhere, for example on our website. In the report, we conclude, among other things, that the VBA

…is organized, energized and on the move! We have a clear picture of what we must do in service of our strategic focus areas and themes, and we are confident that such activity will strengthen the VBA’s achievement of its mission in the 21st century. Even more important, we are confident that serving our mission is a relevant, indeed essential, contribution to the administration of justice in Virginia. We do not lack things to do, as an Association, in service of the needs of others.

This is not puffing; the foundation of such enthusiastic conclusions is the list in the report of over 20 decisions made or projects undertaken. Together with our traditional ongoing activities, these should produce the desired impact. I strongly urge you to read this report, and once again invite your response if a particular activity appeals to you or suggests additional thought. You will see that much of the implementation will occur in the future or is ongoing by nature, and we will continue to need and welcome your assistance.

A few of our new ventures, such as the revised structure and governance of the Association, and the insurance project are referenced elsewhere in this issue. We also alluded in our December issue to the professionalism initiatives which will be more fully evidenced at the Williamsburg meeting.

In addition to the work listed in the report, we undertook studied involvement this year in some of the great issues of Virginia’s day, and hope that our efforts contribute to their ultimate development and resolution. A few of these include judicial performance evaluation, court appointed fees in capital (and other) cases, multi-disciplinary practice, and evaluation of other future directions of the legal system These are interesting times for lawyers, Virginia and the VBA! While we cannot predict the future, we are trying to be a helpful part of it.

A significant pleasure amid all our effort is working together and getting to know each other. As Executive Committee member Bill Rachels put it, we work hard to benefit the legal profession and our Commonwealth and its citizens, but in fact we are enriching our own lives in the process. We begin each leadership year, a bit of a “motley crew,” from different parts of the Commonwealth, different practice settings and concentrations, different birthplaces and family cultures, certainly with different opinions. But something in the culture of this Association guides us to learn from and about each other, and thus causes us to become friends. Magically, it happens over and over. I wish that did not sound so trite.

It would make me happy (and indicate an important success of the Association) if you feel invited to be a part of such spirit. An essential aspect of collegiality is the attitude of hospitality, openness to others, their ideas and concerns. As stated in “Our Wonderful Old House” last January, we need in the course of any renovations, to make sure that our doors and windows open wide to others and their thoughts. The positive effects of such an approach extend to people and situations far beyond those of this Association. It results in a sense of community that we should continue to cultivate.

Perhaps no time has this been more clear than on September 11 and afterwards. Like every American, we were reduced to utter sorrow, incredulous anger, an instinctive need to serve, and a need for the comfort of loved ones, friends, and our faiths. What our Annual Report does not say, but what is quite telling about the association is that our volunteers and staff spontaneously and immediately turned to each other, via e-mail and other means, sharing thoughts, and prayers, and disseminating ideas about how we could facilitate your desire to serve. We helped each other stay on track with Association deadlines and tasks, fighting off the disorientation and subtle disturbance that lingered after shock abated. A group of too busy people, the VBA became a family in mourning; our website and e-mails became the family’s refrigerator message board.

It is perhaps conventional wisdom that regarding life, it is the journey that counts and not the destination. I think we’ve developed our own variation on that theme. In the VBA, the destination does count a lot, but so does the manner or process by which we reach it. That idea alone is not such a bad legacy.

But now my editor will be telling me that it is time to end! I have pondered how to do that well. I am instructed by the graceful example of former VBA presidents. I have seen them move on, quietly satisfied that they served. It is as though they understood that the leadership of one folded into the leadership of the next with the sum always greater than the parts. I find that thought reassuring, as much as I am excited by the prospect of our future leaders. It will be fun to watch each of them contribute individual styles and strengths, contributing brightly to the whole.

I am so grateful for what has been given to me in the quality of VBA work, the incredible support of the staff and leadership team, and your friendship. I do wish I could claim that, like the VBA, I am “organized, energized and on the move!” Nonetheless, I am ready and thrilled to turn attention to things that have been given short shrift. I’ll check to see if my office is still there, I’ll dust off the night table stack of books, dig in my neglected garden, check on my other friends, bounce my grandbabies on my knee, and perhaps relax at times.

I was offered a prayer by close friends at the beginning of 2001, the Hebrew word “Hinane”* which means “Here I am,” [as in Lord, what do You want me to do?] While I tend my multiple “gardens” in 2002, and have all that fun I mentioned, I’ll also be waiting, waiting until I can spontaneously say, “Hinane.”

* Phonetic spelling

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VBA Strategic Planning: Organization of the VBA, 2002

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Volunteering in Virginia:
Lawyers share thoughts about pro bono work

Why should lawyers do pro bono work?

That question was the theme of a symposium for law students held at the University of Richmond this fall. Moderated by VBA Law School Liaison Chair Matt Cheek of Williams Mullen, panelists George Hettrick of Hunton & Williams, Gerald Carter of Harrell & Chambliss, Margaret Duval of the Central Virginia Legal Aid Society, and UR law student Nicholas Compton considered the question and offered their thoughts to the students in the audience.

Here are some memorable excerpts from their dialogue:

George Hettrick: “The leadership of the law firm is key in pro bono involvement. If the leadership does it, others will follow... If people don’t feel like they have protection of their rights in a democratic society, that society will break down.”

Margaret Duval: “Once you open yourself to pro bono and see the need, you stop counting the hours and start working... Our rights are governed by the legal system. That’s why lawyers are different from, say, plumbers. Toilet-flushing’s important, but rights affect people’s lives.”

Gerald Carter: “Expectations. Pro bono is what people expect of us. That is part of our citizenship.”

Nicholas Compton: “The law is a noble occupation.The pro bono expectation we experience makes us do good.”

Matthew Cheek: “Speaking as a transactional attorney, we lawyers hold the keys to opportunity — housing, business and so forth — for many people.”

Make a New Year’s resolution to volunteer

Have you resolved to do more volunteering in 2002? The following programs seek volunteer lawyers of all ages and levels of experience and welcome your interest and participation.

Disaster Legal Assistance: Together with the VSB/YLC Emergency Legal Services Committee, the Disaster Legal Assistance Committee trains and coordinates attorneys who want to volunteer their time in assisting individuals rendered needy by emergency situations such as natural disasters. The Committee works closely with representatives of the Virginia Department of Emergency Services, the American Bar Association Young Lawyers Division Emergency Legal Services Committee and the Federal Emergency Management Agency. When an emergency situation arises, committee members and the lawyer-volunteers they have trained provide pro bono legal services to individuals in need. Contact: Richard Ottinger, (757) 446-8600, rottinger@vanblk.com.

Domestic Violence Project: The Project enlists and trains volunteer attorneys to represent victims of domestic violence to help victims obtain civil protective orders. The Project sponsors free training programs each year to train volunteer attorneys, who receive four CLE hours for helping three victims obtain civil protective orders within 12 months. Contact: Erica Beardsley, (703) 749-1068, ebeardsl@wthf.com.

Health Law Project/Appeal of Managed Care Decisions: This project is a joint effort of the VBA and VBA/YLD to disseminate information across the Commonwealth regarding a Virginian's right to appeal a denial of benefits by a managed care organization. Contact: Molly Evans, (202) 249-9570, msevans@kaufcan.com.

Legal Services for the Mentally Ill: This program was created in recognition of the needs of persons suffering from mental illness, and their families and friends, to have access to quality legal advice in various areas of law. The National Alliance for the Mentally Ill—Virginia Chapter (NAMI-VA) serves as a liaison between the community's needs and the project volunteers. When inquiries are received by NAMI-VA, they are forwarded (with background information on each situation) to volunteer lawyers who provide written and/or oral responses or help clients with legal representation. Contact: King Tower, (804) 783-6438, ktower@williamsmullen.com.

Mentor Programs: These programs are partnerships between attorneys and elementary schools currently active in Lynchburg, Richmond and Roanoke. Under this partnership, local attorneys regularly meet with students (usually once a month) and serve as educational resources for teachers. Activities have included field trips, mock trials, contract drafting and simulated mediations. Contact: Rudene Mercer Bascomb, (804) 788-7363, rbascomb@hunton.com

Pro Bono Hotlines: These committees actively recruit lawyers to volunteer in staffing "hotlines" at legal aid offices across the state. Volunteers, on a rotating basis, provide telephone advice to callers meeting financial eligibility requirements to ease the caseload of legal aid attorneys. A top priority of the Division and the VBA, hotlines now exist in six legal aid service areas with further expansion planned as rapidly as possible. In 1995, the Pro Bono Hotlines received the American Bar Association's Harrison Tweed Award, the highest national honor given to projects providing legal services for the poor. Contact: Beth McMahon, (757) 624-3000, bvmcmaho@kaufcan.com.

For more opportunities, visit the VBA Young Lawyers Division page of the VBA website.

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VBA Leadership Firms
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New Insurance Program for VBA Members!
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The 2002 General Assembly:
VBA Proposals and Matters of Interest

Get ready, folks — the 2002 General Assembly of Virginia convenes on January 9 for a 60-day “long” session that may rival anything you’ve seen on reality TV this year. With a host of new, first-time-ever legislators replacing numerous longtime veterans, a new Democratic Governor and a significantly increased Republican majority in the House of Delegates — not to mention the budget woes simmering since last year’s tumultuous session — anything can happen!

The annual legislative “scorecard” is a VBA standard; this year, instead of waiting to report the fate of VBA legislative proposals and other bills of interest, we present a preview for you, in keeping with the VBA’s renewed emphasis on its law reform activities. While this does not claim to be a perfect or complete record of legislative activity, it should give the reader an overview of the Association’s law reform efforts and interests during the 2001 session.

More details, of the bills and resolutions mentioned here and of other legislation, can be found on the Commonwealth’s legislative information system on the Internet at leg1.state.va.us. The system is user-friendly, even for computer-phobes, and provides timely and extensive information on legislation from current and previous sessions. The VBA website, www.vba.org, has numerous links to this system through its main legislation page and pages for all VBA sections and select committees. For those who desire more detailed information, links to the state and federal legislative information systems and government agency websites may be found on the VBA’s legislation page.

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THE 112th VBA ANNUAL MEETING!

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Spotlight on Sections: VBA Corporate Counsel Section
Holly H. Wenger

VBA Corporate Counsel Section reaches out to inside counsel

The VBA Corporate Counsel Section, with a membership of approximately 300, was formed to bring together inside counsel with other VBA members who share special interest in issues of corporate governance.

On October 5, 2001, The Section sponsored its Third Annual Corporate Counsel Fall Forum at The Jefferson Hotel in Richmond. Participants were informed of important legal developments in technology (particularly e-commerce), labor and employment matters, and Revised Article 9 of the Uniform Commercial Code.

The group also heard from Jay Katzen, the Republican nominee for Lieutenant Governor, and Tim Kaine, the Democratic nominee (now Lieutenant Governor-elect). In his remarks during the morning session, Mr. Katzen shared his insights on attracting international corporations and trade to Virginia and its implications for corporate counsel. That afternoon, Mr. Kaine presented his views on challenges and opportunities facing Virginia businesses and their counsel in the short- and long-term. The Forum was very successful, providing insightful information for corporate attorneys.

The Corporate Counsel Section is chaired by Henry (Harry) N. Ware Jr. of Spotts Fain Chappell & Anderson P.C., in Richmond. If you are interested in learning more about the Section, feel free to contact Harry or any other Section Council member. Contact information for the Section Council is listed on the Corporate Counsel Section’s segment of the VBA website at www.vba.org.

Prospective members may indicate their interest in joining the Section on their 2002 VBA dues statements, which are mailed this month. Dues are $15 per year, in addition to your VBA dues.

— Holly H. Wenger
Council Member, VBA Corporate Counsel Section
Senior Vice President-Corporate Counsel,
LandAmerica Financial Group, Inc., Richmond

CORPORATE COUNSEL SECTION COUNCIL
Henry N. Ware Jr., Chair
Stephen R. Larson, Vice Chair
Joseph E. Spruill III, Secretary/Treasurer
Amy T. Holt, Immediate Past Chair
Heidi Abbott
Kimberly G. Bram
David M. Delpierre
Gail P. Heagen
C. Shireen Kirk
Karen Michael
Anthony F. Vittone
Holly Wenger
Rudolph Bumgardner IV, VBA/YLD Liaison
F. Blair Wimbush, VBA Executive Committee Liaison

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VBA Young Lawyers Division: The Virginia Lawyer
David N. Anthony

As Chair of The Virginia Bar Association Young Lawyers Division (VBA/YLD), I have attended several conferences with representatives from numerous other national, state and local bar organizations. At nearly every meeting, bar leaders from these organizations have complimented me on the success and innovation of the VBA/YLD’s programs and inquired as to how and why we have flourished and maintained a level of excellence.

During this past year, I have worked with lawyers throughout the Commonwealth, especially within the VBA/YLD, and have witnessed what makes them so exceptional. Without fail, the Virginia lawyer is dedicated to working zealously to protect his or her client’s interests within the confines of the legal system, while ascribing to the highest and noblest standards of our profession.

At the same time, the Virginia lawyer donates his or her legal services at no charge, attempts to improve the administration of justice in Virginia and serves his or her community.

Over the years, the VBA/YLD has worked hard to meet the goals of serving the unmet legal needs of society, improving the law and administration of justice and upholding the highest standards of professionalism for lawyers.

Innovative VBA/YLD leaders and attorneys have created, or participated in, an impressive array of programs and committees to further these goals, including the following activities:

• providing pro bono legal services to the needy;
• assisting victims of natural disasters;
• collecting outstanding child support payments;
• manning pro bono hotlines;
• conducting town hall meetings on important civic and political issues;
• matching volunteer attorneys with the needs of those suffering from mental illness;
• providing education and pro bono services on immigration issues;
• mentoring elementary school students;
• educating and training new lawyers in their transition into practice and on professionalism issues;
• developing a handbook to advise parents of their rights concerning special needs children;
• recruiting minorities for the profession;
• holding mock trial and appellate arguments before the Supreme Court of Virginia for high school students;
• drafting a guide on child care issues;
• working with the Lawyers Helping Lawyers Program, which counsels attorneys suffering from substance abuse;
• coordinating the regional National Moot Court Competition for law students;
• holding seminars on legal information for artists and arts organizations;
• disseminating information regarding the right to appeal a denial of health benefits by a managed care organization;
• matching volunteer attorneys with the legal needs of nonprofit organizations;
• introducing the concept and benefits of bar service to law students;
• working with judges to enhance the ceremony presenting new drivers with their driver’s licenses;
• fostering programs and communication between Virginia’s law schools and the bar;
• conducting Community Law Week/Law Day to promote awareness of the importance of the role of law in protecting our rights and freedoms;
• facilitating compliance with the National Collegiate Athletic Association regulations;
• and hosting panel discussions for college students on a career in the law.

I am honored to have had the opportunity to serve as chair of a division of remarkably talented and compassionate attorneys who are committed to bettering our communities and profession. I am proud to count myself as a Virginia lawyer with all of the companion responsibilities and tradition that this places upon me.

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Marking a Milestone: The Pro Bono Hotlines
David N. Anthony

The Virginia Bar Association Young Lawyer Division’s Pro Bono Hotlines fill a critical need in assisting legal aid offices across Virginia, and have done so for 10 years.

Henry McLaughlin of the Central Virginia Legal Aid Society, VBA Executive Vice President C. Breckenridge Arrington Jr., and then-VBA/YLD Chair William R. Van Buren III originated the idea of the hotlines, in which they sought to make available trained volunteers to provide telephone advice to legal aid recipients in an effort to ease the caseload of legal aid attorneys. The program allowed volunteer attorneys to provide pro bono services in as convenient and time-controlled manner as possible.

The concept was truly innovative, so much so that other bar organizations around the country have copied the idea. In 1995, the American Bar Association awarded The Virginia Bar Association its Harrison Tweed Award, the highest public service award given to lawyers nationally for providing legal services to the needy, for the establishment of the hotlines by the VBA Young Lawyers Division.

Since 1992, hundreds of private attorneys have volunteered their time for the Pro Bono Hotlines in Central Virginia, Northern Virginia, Roanoke, and Tidewater. Under the excellent leadership of VBA/YLD regional committee chairs throughout the state, these hotlines collectively have closed approximately 15,000 cases for legal aid societies in Virginia. (A case is closed when a volunteer attorney is able to handle the call, provide the legal aid recipient with legal advice such that the recipient receives an answer to his question and does not need further legal aid assistance.)

This process dramatically shortens the response time for legal aid recipients to receive legal advice while it simultaneously saves valuable time for legal aid attorneys so that they can concentrate on more demanding cases.

A conservative estimate is that each closed case saves a legal aid society one hour in time from an attorney meeting with a client, reviewing a pertinent question and providing legal advice. Using an 1800-hour billable hour requirement used by many large law firms as a benchmark, these calls have saved legal aid societies the equivalent of more than eight years of an attorney’s time at an approximate value of $2.25 million.

As stated by Charles K. Greenfield, executive director of Legal Services of Northern Virginia, Inc., “Without the hotline and the generous assistance of VBA attorneys, many Northern Virginia residents would be forced to navigate treacherous legal waters without any legal assistance whatsoever.”

The Pro Bono Hotlines have matured into one of the most effective and practical pro bono programs in the country. I am not sure that Virginia lawyers recognize the significance and innovation of the hotlines, or the everyday impact it has on legal services to those less fortunate in Virginia.

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Across the Commonwealth
Baliles will receive Distinguished Service Award

Former Virginia Governor Gerald L. Baliles of Richmond will receive The Virginia Bar Association’s Distinguished Service Award during the Friday evening banquet at the Association’s 112th Annual Meeting on January 18 at the Williamsburg Lodge & Conference Center.

Baliles, a VBA member since 1968 and a former VBA Executive Committee member, is a former chair of the VBA Committee on Special Issues of National and State Importance. His chairmanship (1999-2001) marked a resurgence of the Committee’s visible role in the Association after several years of little activity.

During Baliles’ tenure, the Committee sponsored a number of well-attended programs on current events at VBA Annual and Summer Meetings, attracted several prominent banquet speakers to appear at VBA meetings, and co-produced seminars on policy issues with Virginia law schools.

Baliles is also a member of the VBA Business Law, Transportation Law, and Environment, Natural Resources and Energy Law Sections.

He is a graduate of Wesleyan University and the University of Virginia School of Law. Baliles served as attorney general of Virginia from 1982 to 1985 and was elected governor in 1985.

A partner in the law firm of Hunton & Williams, Baliles’ practice focuses on aviation, trade and transportation law, with emphasis on airlines and related entities.

He is a frequent lecturer at continuing legal education programs and other seminars and has written numerous articles for various publications.

The Distinguished Service Award is presented to a member of The Virginia Bar Association in recognition and appreciation of exceptional service and contribution to both the bar and the public at large. It is considered the highest honor the Association can bestow.

Previous recipients of the award include Hon. Lewis F. Powell Jr. (1988), Emerson G. Spies (1990), Hon. William B. Spong Jr. (1992), Hon. Harry L. Carrico (1993), Hon. Hunter B. Andrews (1995), Hon. George M. Cochran (1997) and Hon. W. Tayloe Murphy Jr. (1999).

The presentation of the Distinguished Service Award to Hon. Gerald L. Baliles is only one of several planned for the VBA Annual Meeting. The VBA Young Lawyers Division will honor outstanding VBA/YLD members with the VBA/YLD Fellows Award, which recognizes outstanding work and long-term service to the Division, and the Emerson G. Spies Award, presented for enthusiasm, loyalty and dedication to the work of the Association. Both awards will be presented at the Friday evening banquet on January 18. The Lawyers Helping Lawyers Program will honor an outstanding LHL volunteer, whose involvement and dedication to the program has consistently exceeded expectations, with the James R. Treese Award during the annual business meeting and breakfast on January 19.

Ed Betts of Richmond becomes VBA president this month in Williamsburg

J. Edward Betts of Richmond will succeed Jeanne Franklin as president of The Virginia Bar Association during the VBA’s annual breakfast business meeting on Saturday, January 19, at the Williamsburg Lodge & Conference Center.

Betts is the managing partner of the firm of Christian & Barton, L.L.P., in Richmond, practicing in the areas of antitrust law and unfair competition law. He received an A.B. degree from Colgate University, an LL.B. degree from the University of Richmond, and an LL.M. degree from Harvard University. He was admitted to the Virginia State Bar in 1965.

Betts has chaired the VBA Executive Committee in 2000 and is a past chair of the VBA Law Practice Management Section and the VBA Communications Task Group. He has served on the VBA Executive Committee since 1998.

Among other professional activities, he has chaired the VSB Antitrust Law Section, the Standing Committee on Lawyer Discipline, and the Third District (II) Disciplinary Committee, and was a member of the Disciplinary Board. He is a Fellow of both the Virginia Law Foundation and the American Bar Foundation, and is also a member of the Richmond and American Bar Associations, in addition to a number of other professional and civic organizations.

2001 Virginia Business “Legal Elite” hailed by peers

In December 2000, Virginia Business magazine published its first list of the “Legal Elite,” Virginia attorneys selected by their peers as the top lawyers in the Commonwealth. Nearly 300 lawyers, representing 10 areas of law practice, made the list, and response to the “Legal Elite” ranged from applause to thoughtful suggestions for future surveys.

The editors of Virginia Business had first approached The Virginia Bar Association with the concept of the “Legal Elite” in the summer of 2000, and continued to fine-tune the project in discussions with the VBA this year. While the VBA did not sponsor either survey, it did provide advice and counsel to the Virginia Business staff, including a suggestion to broaden the survey population beyond the confines of VBA membership.

As with any such endeavor, strict rules were imposed. Lawyers could not nominate themselves. They could nominate attorneys in their own law firms, but better scores were given to lawyers they nominated from other firms. While numerous VBA leaders and members made the list, a sizable number of non-member lawyers were also named by their peers to the list.

One year later, the “Legal Elite” now numbers 362. Responses to the second poll jumped 50 percent over those from 2000. Again, the survey focused on 10 areas of practice, with lobbying and regulation replacing immigration law as a survey category this year. (Similar “tweaks” will be made to future surveys to include other areas of law.)

In his article accompanying the survey results, Virginia Business Executive Editor Peter Galuszka identified multidisciplinary practice and multijurisdictional licensing of attorneys as top current issues of concern to Virginia lawyers. Also, more new attorneys are heading for urban areas and larger starting salaries — the faster to pay off student loans — leaving many rural areas short of needed legal help.
Space precludes the VBA News Journal from recognizing all attorneys of the 2001 Virginia Business “Legal Elite”; we are, however, pleased to publish the names of the lawyers who received the highest votes in each of the 10 categories.

Business Law: Grant S. Grayson, Richmond; F. Claiborne Johnston Jr., Richmond; Allen C. Goolsby III, Richmond; David W. Clarke, Richmond; Gary D. LeClair, Richmond.
Criminal Law: Murray J. Janus, Richmond; Michael HuYoung, Richmond; Michael Morchower, Richmond; John R. Fletcher, Norfolk; Jerry W. Kilgore, Richmond; Robert L. Samuel Jr., Virginia Beach.
Environmental Law: Timothy G. Hayes, Richmond; Brian L. Buniva, Richmond; Channing J. Martin, Richmond; Charles F. Witthoefft, Richmond; William B. Ellis, Richmond.
Family Practice: Donald K. Butler, Richmond; Andrea R. Stiles, Richmond; Glenn R. Croshaw, Virginia Beach; Mahlon G. Funk Jr., Richmond; Terrence R. Batzli, Richmond.
Intellectual Property: Alan D. Wingfield, Richmond; R. Webb Moore, Richmond; Stephen E. Noona, Norfolk; Dana D. McDaniel, Richmond; Christopher Mugel, Richmond.
Labor/Employment: Hill B. Wellford Jr., Richmond; H. Aubrey Ford III, Richmond; James V. Meath, Richmond; William E. Rachels Jr., Norfolk; Elaine Charlson Bredehoft, Reston; Harris D. Butler III, Richmond; Bayard E. Harris, Roanoke.
Litigation: James C. Roberts, Richmond; James C. Cosby, Richmond; E.G. Allen Jr., Richmond; William B. Poff, Roanoke; Anne Marie Whittemore, Richmond.
Lobbying/Regulatory: William G. Thomas, Falls Church/Richmond; Ralph L. Axselle Jr., Richmond; Anthony F. Troy, Richmond; Reginald N. Jones, Richmond; William M. Furr, Norfolk.
Real Estate/Construction: Bruce E. Arkema, Richmond; William A. Walsh Jr., Richmond; Jay M. Weinberg, Richmond; Barry A. Hackney, Richmond; John V. Cogbill III, Richmond.
Taxes/Estates/Trusts: Dennis I. Belcher, Richmond; Louis A. Mezzullo, Richmond; Timothy H. Guare, Richmond; Allan G. Donn, Norfolk; Frank A. Thomas III, Orange.

Virginia Law Foundation inducts 2002 Fellows

The Virginia Law Foundation will induct its newest class of Fellows at a dinner meeting held on Thursday, January 17, in Williamsburg during The Virginia Bar Association’s 112th Annual Meeting.
Guest speaker for the occasion will be the Honorable Elizabeth B. Lacy, Justice of the Supreme Court of Virginia.

Induction as a Fellow of the Virginia Law Foundation is a special honor conferred by the VLF Board on selected Virginia attorneys, law professors, and retired members of the judiciary who are deemed to be outstanding in their profession and in their community. Total membership is limited to one percent of the active and associate membership of the Virginia State Bar. Current Fellows membership now numbers 281.

Inductees of the 2002 Class of Fellows are Prof. Jayne W. Barnard of Williamsburg, professor of law at the College of William and Mary and the law faculty representative on the VBA Executive Committee; Hon. James P. Brice of Roanoke, retired judge of the 23rd General District Court; Joseph A. Condo of Vienna, principal at Condo & Masterman, P.C.; Prof. Graham C. Lilly of Charlottesville, Armistead M. Dobie Professor of Law at the University of Virginia; Howard C. McElroy of Abingdon, principal at Bundy, McElroy & Hodges; W. Tayloe Murphy Jr. of Warsaw, principal at William Tayloe Murphy Jr., P.C., and chair of the VBA Committee on Special Issues of National and State Importance; Gordon P. Peyton of Alexandria, a partner at Redmon, Peyton & Braswell, L.L.P.; Guy K. Tower of Virginia Beach, of counsel at Kaufman & Canoles, P.C.; William R. Van Buren III of Norfolk, partner at Kaufman & Canoles; Wilson F. Vellines Jr. of Staunton, a partner at Vellines, Cobbs, Godwin & Glass; Jay M. Weinberg of Richmond, a shareholder at Hirschler Fleischer, P.C.; and Hon. Henry H. Whiting of Winchester, retired senior justice of the Supreme Court of Virginia.

UK, Wake Forest triumph in National Moot Court regional competition

The University of Kentucky won Region IV honors and Wake Forest University took second place in the National Moot Court Competition for law students in Richmond November 9-10. Both teams will advance to the final rounds in New York City later this winter.

The UK team included Melissa K. Metz, J. Douglas Mory and Aaron G. Whaley. The Wake Forest team of Crystal D. Bowie, Gina R. Russo and Adam C. Shearer also won the “Best Brief” award for the regional competition.

Final-round judges included Virginia’s Chief Justice Harry L. Carrico; Hon. Elliott E. Maynard and Hon. Larry V. Starcher, justices of the West Virginia Supreme Court of Appeals; Hon. Robert E. Payne of the U.S. District Court for the Eastern District of Virginia; and Hon. James C. Turk of the U.S. District Court for the Western District of Virginia.

The national competition is sponsored by the Young Lawyers Committee of the Bar of the City of New York and the American College of Trial Lawyers. The VBA Young Lawyers Division sponsors the regional contest for law schools in Virginia, North Carolina, West Virginia and Kentucky.

Co-chairs of the competition organizing committee for the VBA/YLD are Shannon P. Garbett and Elizabeth Mason Horsley, both of Williams Mullen in Richmond.

Competition sponsors were as follows:
Allen, Allen, Allen & Allen, P.C.; Carol Hill & Associates, Inc.; Chandler & Halasz, Inc.; Christian & Barton, L.L.P.; Crane-Snead & Associates, Inc.; Crews & Hancock; Gentry Locke Rakes & Moore; George B. Little & Associates; Halasz Reporting & Video; Hirschler Fleischer, L.L.P.; Hogan & Hartson, L.L.P.; Hunton & Williams; Inge Snead & Associates, Ltd.; Jackson & Kelly; LeClair Ryan, P.C.; The Lex Group; McGuireWoods, L.L.P.; McSweeney, Burtch & Crump, P.C.; Morchower, Luxton & Whaley; Oblon, Spivak, McClelland, Maier & Neustadt, P.C.; PennStuart; Spotts, Fain, Chappell & Anderson, P.C.; Stanley Court Reporting; Taylor, Hazen, Kaufman & Pinchbeck, P.L.C.; Trichilo, Bancroft, McGavin, Horwath & Judkins, P.C.; Troutman Sanders Mays & Valentine, L.L.P.; Walsh, Colucci, Stackhouse, Emrich & Lubely, P.C.; Williams Mullen; Williamson & Lavecchia, L.C.; Womble, Carlyle, Sandridge & Rice, P.L.L.C.; Yost Associates; Zahn, Hall & Zahn.

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News in Brief

Congratulations to former VBA President Whitt Clement of Danville on his selection as Secretary of Transportation and VBA Special Issues Committee Chair Tayloe Murphy on his selection as Secretary of Natural Resources for the Commonwealth of Virginia. The appointments were announced by Governor-elect Mark Warner in December.

VBA annual dues statements will be mailed this month. Is your address and contact information in VBA records up-to-date? If not, please submit any changes to your listing to the VBA by e-mail to Judy King at jking@vba.org or by fax at (804) 644-0052.

Support VBA activities by becoming a Patron in 2002. By contributing $100 in addition to your membership and section dues, you will provide invaluable support for the many public and professional services offered by the Association. Check the box on your membership dues statement, or mail your check separately. Call (804) 644-0041 for more information. A list of VBA members who chose to become Patrons in 2001 is printed on the inside back cover of this issue.

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 Ed Betts at (804) 697-4156 or jbetts@cblaw.com.
For election to a VBA section council, members should contact the appropriate section chair (consult www.vba.org for contact information or call the VBA office at (804) 644-0041).
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 Vaughan Gibson Aaronson at (804) 697-1316 or vaughan.aaronson @troutmansanders.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/yld.htm).
For information regarding any appointment, members may contact Breck Arrington at the VBA office, (804) 644-0041, or thevba@vba.org.

Information for lawyers who are assisting deployed service personnel, their employers and their families is available on the American Bar Association’s website at www.abanet.org. This information can be accessed through the VBA website’s September 11 response page at www.vba.org, which includes an ever-changing menu of links and information related to the terrorist attacks and their aftermath.

The VBA News Journal needs articles from Association members for upcoming issues in 2002. We are looking for short (1,000-1,500 words), practice-related articles on a variety of topics. Suggestions for personal profiles of VBA members, or articles on the special heritage of the legal profession in Virginia, are also welcomed. For more information, visit the “Writers’ Guide” on the VBA website at www.vba.org, or contact Caroline Cardwell at (804) 644-0041.

The Virginia Lawyer, successor to The Virginia Lawyer's Basic Practice Handbook, was first published in 1966 by the VBA Young Lawyers Division. In 2000, Virginia CLE and the VBA/YLD joined in a cooperative effort to produce a new two-volume guide for practitioners designed to assist attorneys in dealing with unfamiliar areas. Details are available at http://www.vacle.org/wn111.htm#valawyer.

VBA Leadership Firms support the mission of The Virginia Bar Association in its service to the public, promotion of professionalism, and improving law and administration of justice by encouraging VBA membership among their lawyers. We recognize these firms by holding them up to the bar and to the public as examples of the most professional Virginia firms at our meetings and by publishing their names in our publications and on our website. For more information about the Leadership Firms Program, please contact the VBA office at (804) 644-0041. We hope to count your firm among the VBA Leadership Firms!

Looking for a good movie to rent this winter? The William & Mary Law Library website at http://fsweb.wm.edu/law/library/movies.asp lists dozens of movies featuring lawyers as heroes and villains. Read a review and then head to your neighborhood video store!

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Copyright 2007 The Virginia Bar Association