President's Page: Virginia’s Legal Profession Needs Bar Associations
J. Edward Betts

No man is an island, entire of itself; every man is a piece of the continent, a part of the main.... any man’s death diminishes me, because I am involved in mankind; and therefore never send to know for whom the bell tolls; it tolls for thee.
— John Donne*

As legal professionals in Virginia, we have great privileges and consequent responsibilities. Among those privileges is that of self-regulation, one sacred to our profession. If we do not meet our responsibilities, our privileges will be in jeopardy. It is my thesis that individual lawyers and law firms cannot meet these responsibilities without bar associations. If our actions are insular, and not together through bar associations across law practice and firm lines, the bell may well toll on our profession, as we know it.
In The Lawyer from Antiquity to Modern Times, Dean Roscoe Pound defined a profession as follows:

The term [profession] refers to a group of men pursuing a learned art as a common calling in the spirit of a public service — no less a public service because it may incidentally be a means of livelihood....

With an emphasis on our public service responsibilities, the following are a sampling of how The Virginia Bar Association helps us maintain our privileges as professionals:

Law Reform. The VBA drafts and proposes legislation, performs legislative studies, and otherwise seeks to serve as an objective resource to members of the General Assembly in an effort to improve the laws of Virginia. Among other things, in this last session of the General Assembly, we worked diligently and successfully to avert a cap being placed upon guardian ad litem fees and to counter an effort which would have deprived the courts of access to important mental health information about a parent involved in a custody/visitation dispute.

Our past efforts are too voluminous to catalogue. Here follows but a few examples of the legal areas in which we have afforded assistance: wills, trusts & estates; divorce; powers of attorney; child visitation guidelines; the Uniform Commercial Code; validation statutes; interlocutory appeals; the Court of Appeals; capital representation for indigent defendants; juvenile competency; and the list goes on and on. From my perspective, this is public service of the highest order, and would not have occurred without The Virginia Bar Association and those who worked with us.

Education of the Public about the Legal System and the Judicial Process. It is difficult for the public to appreciate, and participate in, the legal process without having a basic understanding of it. The VBA is constantly at work to alleviate this problem. A good example is the Model Judiciary Program of our Young Lawyers Division. This program educates high school students by allowing them to participate in mock trials. The VBA also helps educate the public when it steps forward to assist a judge who has been unjustly criticized.

Responding to Crises. When a physical disaster occurs, those stricken are often in dire need of legal assistance. Our Young Lawyers Division, often working with their cohorts at the Virginia State Bar, have consistently responded to these public disasters. Their prompt responses to the flooding of the city of Franklin and Southampton County, and to the devastations wrought by Hurricanes Dennis and Floyd, are excellent examples.

Helping to Make Better Lawyers. Helping to enhance the connectedness and education of Virginia lawyers is another way of serving the public, for it is the public we serve. Moreover, it is essential that lawyers are more than competent; we should be fully engaged and thoroughly enjoying our profession. Usually we are best at what we enjoy.

For this reason, the VBA created this year its Law Practice Management Division to help our members manage their desks and firms and to help them achieve an appropriate practice-lifestyle balance, while promoting overall professionalism. To lead this Division, we have assembled a distinguished group from large and small firms and from in-house counsel and academia. This group could only be achieved through the likes of The Virginia Bar Association.

Community Service and Pro Bono Legal Work. To fulfill our responsibility to the public, it is critical that lawyers be involved in community and pro bono service. In response to these crucial needs of our society, the VBA has approved the creation of a Community Service Group to better afford opportunities to lawyers of all ages to participate in these services. We are coordinating with other statewide and local bar associations, law schools and community groups to identify the many existing services available to lawyers and avoid overlapping activities.

The Community Service Group will enable and encourage VBA members to participate in these services so as to centralize the process and coordinate talents with available opportunities. It will also examine on an ongoing basis ways in which VBA member participation in such outreach services will be encouraged, increased and made more effective. This is an effort at the heart of public service, which will be made possible through the efforts of this Association.

Without programs like the foregoing, and those of other bars, I fear the privileges we now possess will become endangered, including our ability to regulate ourselves.

Take, for example, Rule 6.1 of the Rules of Professional Conduct which sets out what a Virginia lawyer “should” (as opposed to “shall”) render annually to pro bono publico legal services.

If our profession does not respond to this challenge, it is a likely consequence that this rule will become mandatory. If this occurs, lawyers will have sacrificed an ability to regulate our own destinies. We will probably descend to hair-splitting about the meaning of “pro bono publico legal services,” and a mandatory requirement will in all likelihood become a maximum standard. This would be bad for the profession and the public.

This is another reason the VBA’s Community Service Group is so important. We believe our profession will do a better job than one mandated by the Commonwealth in fulfilling our responsibilities of community and pro bono work.

Another example outside the VBA is the lawyer disciplinary process administered by the Virginia State Bar. It is volunteer lawyers who sit on the District Committees, the Disciplinary Board and the Committee on Lawyer Discipline. These lawyers provide a great public service and, in my opinion, do their jobs incredibly well. If for any reason this volunteerism is curtailed, what will replace it? Probably salaried state employees who lack the background and experience of practicing lawyers.

Somewhat facetiously in the context of my last column, I mentioned that the French had once abolished the office of attorney-at-law. To complete that history, Napoleon had the wisdom to restore that office some seven years later in March 1800. While I do not foresee such an abolition occurring in Virginia, I do see incursions upon our freedoms as lawyers if we do not support the work of our bar associations and, in particular, the VBA.

In my next column, I plan to complete this series by focusing on the importance of this Association to younger lawyers and on some of the financial aspects of firms curtailing the membership and activities of their lawyers in the organized bar. Return to Top

* Interestingly, besides being a great poet and preacher, Donne also studied law at Lincoln’s Inn in London. The Inns of Court emphasized the social and educational aspects of the legal profession, so that the lawyer became the whole person and not just a legal technician. Thus, our bar associations are descendants of these ancient and renowned institutions.

Wisdom on the Web: Welcome to the Bookmark Hall of Fame

“How do I find directions to ...?”
“How do I contact ...?”
“What agency handles ...?”
“When did ... happen?”
“Who said... ?”

Every day, each of us needs information for the better ordering of our lives. In most cases, whatever we need can be found on the Internet. Yet many of us are unaware of helpful sites or fail to “bookmark” key sites once they’re identified.

When you find a site that is useful to you, immediately save it for future reference, using the “Bookmarks” (or “Favorites”) feature on your computer taskbar. Otherwise, you run the risk of losing it in the avalanche of information that is the Internet. Bookmarking is also helpful if you discover something in passing, but need to return later for a more in-depth reading. You can and should always delete bookmarks you no longer need.

When bookmarking publication sites, remember that most newspaper and magazine articles are available for a finite time period, ranging from 24 hours to two weeks. After that, you have to pay for copies.

Here are a few sites, in no particular order, that have proved their usefulness to VBA staff members and thus entered the “Bookmark Hall of Fame”:

www.vba.org. This is the VBA website, and a page of links to profession-related, state, national and international sites is among its features. Several VBA sections have set up links pages for their areas of practice, which are accessible from the main links page.

For VBA members who travel overseas or work with foreign colleagues/clients, links to sites with times/dates, currency exchange and related travel information are included.

www.vipnet.org. This is the Commonwealth of Virginia website, with links to all state agency websites, a directory of state employees, links to city and county sites and much more. If you are a Virginian, you need to bookmark this site and use it often.

thomas.loc.gov. This is the gateway site to information about the three branches of the federal government. Again, this is a useful site which should be bookmarked for frequent reference.

leg1.state.va.us. For anyone with an interest in Virginia legislation, the user-friendly Virginia Legislative Information System is a handy addition to your bookmark collection. You can also research past legislation, starting with the 1994 session. More general information about the General Assembly is available at legis.state.va.us.

www.political1.com. VBA member and legislative counsel Rob Jones of Richmond developed this site, which includes loads of political information from all 50 states.

www.vsb.org. No more excuses for not knowing the rules: the Virginia State Bar’s rules and regulations are online for all to review, including clients.

newslink.org.This site has links to newspapers and broadcasters across the United States and abroad. It’s a quick way to monitor news in other locales.

www.bartleby.com. Stumped for a quote? This extensive online compendium of great books just might be your best bet for finding it.

What are your favorite websites? The ones you can’t function without? You’re invited to share the wealth with your fellow VBA members.

Send me an e-mail at ccardwell@vba.org including your sites of choice and why they’re so valuable to you. We’ll bookmark — that is, highlight — them in future issues. — The Editor Return to Top

The VBA in History:
Law reform, public service have distinguished The Virginia Bar Association for 112 years
Caroline Bolte Cardwell

“How often have we seen the general law of the State... radically changed by some amendment, procured by some zealous advocate to supply the need or ease the pinch of his special case? How often has the ill-informed zeal or the misguided enthusiasm of an ardent legislator succeeded in procuring the passage of a law which has involved every interest in the Commonwealth in confusion and embarrassment?” thundered Holmes Conrad of Winchester at the initial meeting of The Virginia State Bar Association (as it was then called) in July 1888.

“A committee charged with the duty of ascertaining and observing the effect of the statutes and courses of judicial decision in other States and in England upon the various subjects of general legislation will certainly be a safer guide, subject to the revision of the Association, in directing and framing legislation that even the legislative committee of courts of justice with the manifold demands made upon its time and attention during the session of the body,” Conrad concluded.

And so began The Virginia Bar Association’s 112 years of law reform activity. At that first meeting, the Association established a Committee on Legislation and Law Reform and earnestly plunged into the work of reviewing and proposing reform of the laws of Virginia.

Such enthusiasm did not last long. R.G.H. Kean of Lynchburg, the second president of the Association, mournfully observed that “Most [of the Association’s early proposals] failed to receive even decently respectful consideration. It is a painful fact that the Legislature seems not only not in sympathy with us but almost hostile.”

Even if the legislature gave short shrift to the Association’s first proposals, that did not stop Association leaders from speaking out on a variety of topics, ranging from contemporary issues to legal history, during the closing years of the 19th century and the early 20th century. Their goals were to improve the administration of justice, continue their education, and help younger lawyers continue the work they had begun in a world that was rapidly changing because of technological advancement and political upheaval.

John Goode, the last 19th-century president of the Association, urged members to study international law because “It is our privilege to live in an extraordinary period of the world’s history... Laws of nature which have been hidden mysteries since the morning of Creation have been made the daily servants of man... Time and space have been annihilated... we can no longer live within ourselves.”

By 1925, flowery presidential oration was giving way to modern pragmatism. In that year, Association President Robert B.Tunstall observed that “There are more good lawyers today than ever before, and there is a grievous swarm of poor ones.” He went on to make a forceful, fact-based case for the establishment of a mandatory bar in Virginia.

“We may not, here and now, be able to descry the haven of our aspirations; we can and should at least take the necessary observations and seek to shape and chart our course,” he said in closing.

Thirteen years later, in 1938, the Virginia State Bar was established to regulate the profession of law in Virginia, and the Association’s longtime goal became a reality in its 50th year.

The years between 1938 and 1973 were years of growth for the Association, as it became gradually more active and could claim partial credit for a number of legislative revisions. Even when World War II erupted, the Association rebounded with an active War Work Committee and invited guest speakers to address war-related topics. In postwar years, these included such prominent figures as Associate Justice Robert H. Jackson, reviewing the Nuremberg war-crimes trials in which he participated as a prosecutor, and former Russian President Alexander Kerensky, who discussed the policy goals of the Kremlin.

With the creation of the Junior Bar Section in 1957, which later became the Young Lawyers Section and is now known as the Young Lawyers Division, the Association’s opportunities for service to the public and profession increased year by year, as energetic young lawyers created, adopted and carried out a myriad of programs and projects.

Change was everywhere in the 1960s and early 1970s, and the Association experienced its share. The Midwinter, now Annual, Meeting was first held in Williamsburg in January 1964. (An experiment with holding the 1966 winter meeting at the Marriott Twin Bridges in Arlington came to grief when meeting attendees were snowed in.) The first African-American member of the Association was elected in 1967.

After years of confusion with the Virginia State Bar, the Association dropped the “State” from its name in 1971 and became “The Virginia Bar Association.” In 1973, the Special Committee on Purpose and Organization of the Association reaffirmed the importance of law reform and public service as the VBA’s most integral elements.

As a result of the 1981 Long Range Planning Committee’s recommendations, the VBA hired a full-time executive director and established a headquarters office in Richmond, in large part because of the increased emphasis on law reform and public service.
Two committees were charged with developing the Association’s law reform and public service programs. The Special Committee for the Effective Promotion of Law Reform created a policy statement on law reform and the procedure for implementing the policy, which was adopted by the Executive Committee (now Board of Governors) in 1983. This placed the major responsibility for proposing and evaluating possible legislative changes on the VBA’s substantive law committees, many of which are now sections, and set guidelines and timetables for recommendation, action, and lobbying which are still largely followed today.

The Special Committee for the Effective Promotion of Public Service Projects considered issues and logistics of providing service to the public. Recognizing that the VBA at the time had limited resources and could not sustain a massive effort to provide legal services to the poor, the committee recommended that the Association offer its assistance to programs conducted by the Virginia State Bar and other entities, and encourage the service activities of the VBA’s young lawyers.

It was in the 1970s and 1980s that many of the VBA/YLD’s public service programs were established. These include the Town Hall Meetings, Disaster Legal Assistance, Model Judiciary Program, and National Moot Court Competition. Other activities were (and are) aimed at improving public understanding of the law and legal system. A number of VBA young lawyers’ projects have been honored on a national level with the American Bar Association Awards of Achievement; the VBA Young Lawyers Section won its initial first-place comprehensive award in the ABA competition in 1981. Many more awards have followed in the past two decades. The ABA’s prestigious Harrison Tweed Award, annually given to the most outstanding program in the nation providing legal services to the poor, was presented to the VBA/YLD’s Pro Bono Hotline Project in 1995.

On the law reform front, the 1980s saw a fruition of effort that would have pleased the VBA founders. With a renewed emphasis on legislative activity, the Association retained the services of former Attorney General Tony Troy in 1986 to assist the VBA’s law reform efforts. Today, he, David Shuford, Rob Jones, and Executive Vice President Breck Arrington provide lobbying muscle for the VBA’s proposals.

Many VBA sections and committees have become involved in law reform efforts; each year has brought a crop of new and recurring proposals. In some cases, the VBA has been willing to support and fine-tune proposals over several years before achieving their passage.

The Virginia Bar Association has also, over the past three decades, offered valuable help to the General Assembly by conducting legislative studies. In 1972, the VBA Committee on Court Procedure reviewed and offered recommendations on the 1971 Report of the Court System Study Commission to the Governor and the General Assembly.

The mid-1980s saw the VBA Committee on Wills, Trusts and Estates conducting the first thorough review of Virginia wills law in more than 100 years, resulting in numerous successful legislative proposals, and the VBA Committee on Prisons and Corrections pursuing an in-depth study of the adult prison system in Virginia.

Since then, VBA entities have conducted studies on administrative law, tort reform, appellate process and capacity, divorce education classes, durable powers of attorney, model child visitation schedules, modifications and revisions to the Uniform Commercial Code, validation statutes, interlocutory appeals, the Court of Appeals of Virginia, the relationship between visitation rights and child support obligations, capital representation for indigent defendants, how summons for witnesses are issued, the insanity defense in juvenile criminal cases, confidentiality of medical records and the guardian ad litem program, among many other activities.

Thus law reform and public service have been, and continue to be, distinguishing elements of the VBA. Return to Top

VBA Young Lawyers Division:
And a good time was had by all ...
Vaughan Gibson Aaronson

On a beautiful Saturday morning in late April, the members of The Virginia Bar Association Young Lawyers Division Executive Council gathered at The Sanderling Inn in Duck, North Carolina, for our annual spring meeting.

I know what you're thinking...a "meeting" at the beach...all play and no work...who is actually going to sit in a meeting with the beach at your back door?!

Now I'm not going to lie and say we didn't have a good time. But the truth of the matter is that a significant amount of good work was accomplished this particular morning. Perhaps getting away from everyday life and its pressures helped us to better focus on our work at hand. The relaxed setting really gave us the opportunity to evaluate our numerous service projects and to look forward to the new opportunities and challenges ahead.

Sitting in these VBA/YLD meetings and hearing all the reports of the chairs of our many committees is truly inspiring and amazing.

•Our hotlines continue to reach hundreds of indigent citizens in need of legal services.
•We continue to train new volunteers to represent victims of domestic violence.
•We write handbooks to assist working parents and families of special needs children.
•We are in public schools mentoring children and in communities sponsoring programs of interest to their citizens.

In all, we discussed 46 of our projects during the weekend, detailing service both to the public and the bar. I found myself remarking to VBA/YLD Chair-Elect Steve Otero on several occasions during the meeting my amazement as to how much this organization accomplishes. The young lawyers of the VBA/YLD Executive Council and the many other young lawyers who volunteer to serve on our numerous committees are to be commended for their accomplishments and hard work.

In truth, however, I must admit it was not all work and no play. A little fun also served a valuable purpose. Following our meeting, VBA/YLD members and their families had the opportunity to spend time together and share successes and experiences.

Our weekend concluded with a casual barbecue overlooking Currituck Sound among friends old and new. After 10 years with the VBA/YLD, I commented to my husband how much I have enjoyed this spring meeting through the years. I can get away from the office, think about the goals I want to accomplish through my Young Lawyers Division involvement and enjoy time with fellow young lawyers.

It's not just about the work we do... it's the collegiality and opportunity to grow both personally and professionally.

Thanks to all those who attended the weekend, and to those of you looking not only for opportunities to serve but also to network and forge career long friendships, we hope you will join our efforts and we look forward to hearing about all of your good work next year at The Sanderling!

Consolidated hotline program serves Central Virginia
Coburn Beck, Cyane Crump and Agustín Rodriguez

The Virginia Bar Association Young Lawyers Division announced in May that it will consolidate its Richmond Pro Bono Hotline program with a similar program in Charlottesville sponsored by the Charlottesville-Albemarle Legal Aid Society. The consolidated program, to be called the “VBA/YLD Central Virginia Pro Bono Hotline,” will provide legal advice by telephone to low-income and elderly clients from legal aid offices in Charlottesville, Petersburg, and Richmond.

The program is financially assisted by the Virginia Law Foundation.

The VBA/YLD expects the new regional Hotline will significantly increase the number of clients who will receive free legal advice to help resolve legal issues before they develop to a critical stage.

The consolidation of the Richmond and Charlottesville programs comes on the heels of a restructuring of legal aid societies in Central Virginia.

In July 2001, four legal aid societies providing services to elderly and low income clients from offices in Charlottesville, Petersburg, and Richmond were reconfigured into two legal aid societies providing services from separate offices in those cities: Central Virginia Legal Aid Society (CVLAS), which accepts federal funding from the Legal Services Corporation (LSC); and Legal Aid Justice Center, which does not accept federal funding. This restructuring had the effect of restoring to legal aid clients in Central Virginia the same range of services available in 1996, prior to federal restrictions on the range of services provided by programs receiving LSC funding.

The consolidation of the hotlines now operated in Richmond and Charlottesville in conjunction with CVLAS will increase the number of individuals served by the hotlines.

The VBA/YLD Pro Bono Hotlines were created in 1992 to provide low-income and senior clients with legal advice by telephone.

The VBA Young Lawyers Division has operated such hotlines from seven legal aid programs in Virginia, providing free legal advice in four areas of the law: employment, housing, family and consumer. Staffed by volunteer attorneys, the hotlines have closed over 15,000 cases, providing legal aid societies throughout Virginia an estimated $2.25 million in services.

The lawyer legal aid staff at Richmond, for CVLAS and Legal Aid Justice Center combined, is half that employed in 1980. Because of limits on legal aid resources throughout Virginia, the VBA/YLD hotlines have evolved into a critical component of legal aid services in the state.

Henry W. McLaughlin, executive director of CVLAS, recently stated, “The VBA/YLD pro bono hotlines were critical over the last decade to the ability of CVLAS to maintain services despite reductions in lawyer staff. The Richmond hotline has been only one example of the extraordinary pro bono programs of The Virginia Bar Association and its Young Lawyers Division. The new regional Hotline for Central Virginia will mean a significant increase in service to clients who need legal advice to help solve legal problems before they escalate.”

In 1995, as a result of the VBA/YLD’s efforts in connection with the Pro Bono Hotlines, the American Bar Association bestowed upon the VBA the prestigious Harrison Tweed Award, the highest honor awarded by the ABA in recognition of excellence in the provision of legal services to the needy.

“Our greatest need at the moment is additional attorneys to volunteer their time. With the limits on legal aid resources and the growing demand for pro bono legal services, the hotlines’ need for volunteer attorneys is greater than ever,” said VBA/YLD Chair Vaughan Gibson Aaronson of Richmond.

“The VBA/YLD Central Virginia Pro Bono Hotline is an excellent way for attorneys in Central Virginia to volunteer their time to the community,” said Breck Arrington, VBA executive vice president. “The majority of the calls are preemptive in nature and assist clients in avoiding future legal issues.”

Training sessions for volunteer attorneys are scheduled on June 11 and 18 at the offices of Hunton & Williams, located in Riverfront Plaza’s East Tower at 951 East Byrd Street in Richmond. CLE credit is sought for attorneys attending the training.
Volunteers will be asked to volunteer approximately 3.5 hours of their time each month. For a typical attorney with a hectic schedule, volunteering for the Hotline is a wonderful and feasible way to incorporate pro bono work in a legal career. If you are interested but can’t attend the June training sessions, the committee will offer other training options, including future sessions and videotape training.

Interested attorneys are requested to contact one of the Hotline co-chairs listed below.
Cyane B. Crump, Hunton & Williams, (804) 788-8214, ccrump@hunton.com;
Agustín E. Rodriguez, Hunton & Williams, (804) 788-8395, arodriguez@hunton.com;
Coburn R. Beck, Hunton & Williams, (804) 788-8576, cbeck@hunton.com. Return to Top

Across the Commonwealth

VBA entities receive Virginia Law Foundation grants

On April 12, the Virginia Law Foundation Board of Directors approved 36 grant awards totaling $477,824 for law-related projects across Virginia.

Now in its 19th year of grantmaking, the Foundation has provided over 20 million dollars in grant support to programs that provide civil legal assistance to low-income Virginians, law-related education to the public, public service internships for Virginia law students, and projects designed to improve the administration of justice.

The VLF awarded $238,300 to 16 pro bono legal services projects; 10 law-related education projects received $80,024; eight administration of justice projects received $93,500, and two public service internship programs for law students received a total of $66,000. VLF funds are provided in support of these projects for a one-year period beginning July 1, 2002. The Foundation board allocates five percent of its assets annually for grants and operations. During the current cycle, the VLF received 62 requests for funding totaling over $1.2 million.

The Virginia Law Foundation was established in 1974 by the Virginia State Bar and The Virginia Bar Association.

Grants awarded to VBA groups are as follows:

Capital Defense Workshop ($17,900): Grant funds will assist The Virginia Bar Association Foundation in providing an intensive CLE program in specialized capital defense training, in order to increase the number of attorneys available for appointment in capital cases. Attorneys willing to certify that they will accept appointment in capital cases may attend the workshop free of charge. The program will be held in the fall of 2002.

Recruit/Train Attorneys for Domestic Violence Project ($4,800): Grant funds will assist this project of the Young Lawyers Division of The Virginia Bar Association, to enlist volunteer attorneys to represent victims of domestic violence who are in need of immediate legal assistance to obtain civil protective orders. The project publicizes the need for volunteers, sponsors intensive training programs for volunteers, and works with Legal Services of Northern Virginia and Central Virginia Legal Aid to match volunteers with victims of domestic violence.

Pro Bono Hotline Training/Expansion ($8,000): VLF funds will support the ongoing collaborative effort of the Virginia Bar Association Young Lawyers Division and various legal aid societies across the state, in which volunteer attorneys from the Young Lawyer’s Division staff hotlines at various legal aid offices, providing pro bono legal assistance and advice to indigent individuals. In light of recent mergers affecting Virginia’s legal aid organizations, expanded regional hotlines that will combine volunteer bases and technological resources are planned.

Northern Virginia Pro Bono Clearinghouse ($16,000): Grant funds are provided for this coordinated effort between the Young Lawyers Division of The Virginia Bar Association and the Fairfax Bar Foundation, to provide a link between emerging non-profit organizations within the community and the vast pool of legal talent within the bar. The Clearinghouse will help nonprofit organizations find appropriate legal counsel by creating and maintaining a database of volunteer attorneys.
The Foundation is a 501(c)(3) tax-exempt entity; contributions to it are tax-deductible and it encourages donations from Virginia attorneys.

For further information about the VLF, contact Sharon Tatum, Executive Director, at (804) 648-0112, or visit the Foundation’s website at www.virginialawfoundation.org. Return to Top

General Assembly Building is venue for Health Law Legislative Update

More than 100 lawyers gathered in House Room C of the General Assembly Building in Richmond on May 9 for the VBA Health Law Section’s annual Legislative Update.

The four-hour program included a discussion of ethical issues facing lobbyists and legislators, in addition to recent legislative actions.

Panelists were The Honorable Jane H. Woods, Secretary of Health and Human Resources; Mary Lynne Bailey, vice president of the Virginia Health Care Association; Patrick W. Finnerty, director of the Department of Medical Assistance Services; Ann Hughes, legislative director of The Medical Society of Virginia; Mark C. Pratt, executive director of the Virginia Association of Health Plans; Rebecca Snead, executive director of the Virginia Pharmacists Association; E. Kim Snead, acting executive director of the Joint Commission on Health Care; Susan Ward, vice president and general counsel, Virginia Hospital & Healthcare Association; and Patrick C. Devine Jr. of Hofheimer Nusbaum, PC, in Norfolk, who moderated the discussion. Return to Top

Fall calendar is filling with dates of VBA conferences

Dates and locations have been announced for the following VBA conferences in fall 2002:

VBA Labor Relations & Employment Law Conference, September 26-28, Kingsmill, Williamsburg;
Lawyers Helping Lawyers Conference, September 27-28, Omni Richmond;
VBA Virginia Tax Practitioners Roundtable, October 25, Farmington, Charlottesville;
Boyd-Graves Conference, October 25-26, Norfolk Waterside Marriott; and
VBA Capital Defense Workshop, November 21-22, Richmond Marriott.

More information on each conference will be available later in the year. Members of each VBA group will receive mailings with agenda and registration information, and details will be published in the VBA News Journal and on the VBA website. Return to Top

Bristol teacher is recipient of John Marshall Foundation Teaching Award

Randall W. Smith, a teacher of 12th-grade AP government classes at John S. Battle High School in Bristol, has received The John Marshall Foundation’s Teaching Award for 2002.

The award, which annually honors an outstanding middle or secondary school teacher of the United States Constitution, was presented in a ceremony on May 1 at the John Marshall House in Richmond.

Smith, a graduate of Appalachian State University, holds a master’s degree in social studies education from Virginia Tech and has pursued further study at the University of Virginia, Berea College and Virginia Highlands Community College. He has received a number of awards for his teaching and coaching, and is involved in numerous professional and community activities.

In summarizing his teaching philosophy throughout a 29-year classroom career, Smith cited a love of children, a knowledge of and passion for the subject matter, a remembrance of what it’s like to be a teenager, a conscious choice to remain in the classroom and in the community, and respect for young people as human beings.

“Randall Smith understands service,” wrote Ralph Booher, chair of the social studies department at John S. Battle High, in his nomination of Smith. “[His record] has energized and encouraged others to step into service... Randy is a professional teacher.”

Amanda Mullins, a graduating senior, stated that in her government class, “Mr. Smith explains how the Constitution is open to interpretation but its basic freedoms are guaranteed. He presents a balanced view by explaining all issues that are open to interpretation and allows the student to make up his or her own mind.”

Former student Sarah Statzer described Smith as “one of those rare teachers who think the students are the most important things, and he believes in teaching life lessons, not just book lessons.... He teaches us to think of others first, and be considerate and compassionate.”

She also bestowed what may be the greatest compliment any teacher can receive: “He makes us think.” Return to Top

VBA communications are honored by VPW

Four examples of the VBA’s communications efforts were honored at the spring conference of Virginia Press Women in Richmond on April 27. VBA Communications Coordinator Caroline Cardwell received first place in still/multi-image slide presentation for “Law Reform: What Does the VBA Really Do About This?” As the statewide winner, the entry is automatically entered into competition in the National Federation of Press Women communications contest. Cardwell also received a second place for “Welcome to the VBA Young Lawyers Division” (one-to-three-color brochure), and honorable mentions for The Recovery newsletter (one-to-three-color newsletter) and management of the VBA website, www.vba.org. Return to Top

Va. Law Foundation Fellows seek nominees for Class of 2003

The Virginia Law Foundation Fellows seek nominations for the Fellows Class of 2003, to be accepted through September 4, 2002.

The 2003 Class of Fellows will be inducted at a dinner on January 16, 2003, during The Virginia Bar Association’s Annual Meeting in Williamsburg.

Candidates must be an active or associate member of the Virginia State Bar for at least 10 years; be a resident of Virginia; be a person of integrity and character; have maintained and upheld the highest standards of the profession; be outstanding in the community; and be distinguished in the practice of law. Retired and senior-status judges are eligible. Sitting full-time judges and constitutional office holders are not eligible during their tenures.

Nominations must include a resume or biographical sketch of the nominee and must be received by September 4.

Please send nominations to VLF Fellows Council, c/o Nominations, 701 East Franklin Street, Suite 708, Richmond, VA 23219. Return to Top

Gifts are welcomed

If you are planning your charitable gifts for 2002, 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.

Persons with a particular interest in the Lawyers Helping Lawyers Program may contribute to The Stephen C. Chapple Recovery Assistance Fund, which 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 details about the VBA Foundation and Chapple Fund, please call the VBA office at (804) 644-0041. Return to Top

News in Brief

VBA President-elect Frank A. Thomas III of Orange, Robert M. Rolfe of Hunton & Williams in Richmond, and Dean John R. Pagan of the University of Richmond School of Law wererecently named as Fellows of the American Bar Foundation.

Virginia Court of Appeals Judge Rudolph Bumgardner III of Staunton, Robert E. Glenn of Glenn, Feldmann, Darby & Goodlatte in Roanoke, Robert E. Stroud of McGuireWoods LLP in Charlottesville, and Donald A. Tortorice of Williamsburg have been named as Life Fellows of the American Bar Foundation.

The American Bar Foundation is a preeminent research center for the empirical study of law, legal institutions and legal processes in society. The Fellows is an honorary organization of practicing attorneys, judges and law teachers whose professional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. Only the top one-third of one percent of members of the legal profession are eligible for nomination as Fellows. Established in 1955, the ABF Fellows encourage and support the research programs of the American Bar Foundation.

Elizabeth J. Atkinson, a VBA member who practices with Kaufman & Canoles in Norfolk, has received the first annual Pro Bono Award from the American Bar Association Section of Taxation in recognition of her work assisting low-income taxpayers facing tax disputes. She serves on the board of the Community Tax Law Project, of which she acted as interim executive director on a pro bono basis, and the board of Samaritan House, a domestic violence shelter. She is an officer of the Hampton Roads Tax Forum, a nonprofit group of tax professionals who conduct educational seminars and liaison meetings with IRS and state tax officials, and is a member of the VBA Taxation Section and the ABA Section of Taxation Committees on Administrative Practice and Closely-Held Business.

Richard H. Ottinger of Vandeventer Black LLP, co-chair of the VBA Young Lawyers Division’s Disaster Legal Assistance Committee, received the Norfolk and Portsmouth Bar Association’s Walter B. Hoffman Community Service Award at the NPBA’s annual meeting on May 4. Ottinger, who has co-chaired the VBA/YLD Tidewater Pro Bono Hotline and chaired the NPBA Young Lawyers Section, spends approximately 125 hours a year in volunteer service to his bar associations, Tidewater Legal Aid, Hampton Roads Chamber of Commerce, Chrysler Museum, YMCA, Norfolk Public Schools and Norfolk Academy.

Former VBA Executive Committee member John J. “Butch” Davies III of Culpeper has been appointed by Gov. Mark Warner to represent the Culpeper District on the Commonwealth Transportation Board.

Alexander Wellford of Richmond, a VBA member and partner in the law firm of Christian & Barton LLP, is the recipient of the 2002 George Mason Award, presented by the Virginia Professional Chapter of the Society for Professional Journalists, in recognition of his outstanding achievements in the field of media law.

Virginia Secretary of Natural Resources and VBA Special Issues Committee Chair Tayloe Murphy finished 10th in his age group during the Ukrop’s/Monument Avenue 10K race on April 13 in Richmond. Coincidentally, his wife Helen Turner Murphy finished 10th in her age group for the race as well!

VBA member Albert R. Turnbull of Charlottesville, dean of admissions at the University of Virginia School of Law, announced his retirement this spring after 36 years of service, the longest tenure of any law school admissions director in the nation.

VBA member Roy A. Hoagland of Richmond, who serves on the Environment, Natural Resources and Energy Law Section Council, has been named as the Virginia executive director of the Chesapeake Bay Foundation.

The Virginia Lawyer 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 version of the two-volume guide for practitioners designed to assist attorneys in dealing with unfamiliar areas. Details are available on the Internet at http://www.vacle.org/wn111.htm#valawyer.

Copyright 2007 The Virginia Bar Association