President's Page:
Converting Black and White
Frank A. Thomas III

Those of you who have visited the VBA offices in Richmond have undoubtedly noticed the old, historic black and white pictures of the early Summer Meetings. These pictures feature a group, which is composed almost exclusively of white men dressed in business suits, formally posed at The Greenbrier or The Homestead. There are a few women who are apparently spouses scattered in each picture, and around the edges of the crowd in one or two pictures are a couple of African-Americans whose dress makes it clear they are not part of the larger group.

In stark contrast were the images that greeted me at the meeting of the VBA Young Lawyers Division Executive Council at The Sanderling at the end of April. While I did not keep an accurate count, it would appear there were more women lawyers than men and a number of African-American faces in the center of the action. There was a virtual horde of children under the age of six and a number of expectant mothers. The energy and exuberance of all present was plainly evident. The differences with the historic photos could not have been more vivid.

I came away from the meeting with another reminder of how much our profession is changing. While I could not find a picture for the Summer Meeting for the year in which I came to the bar, I expect it was pretty much like those old pictures at the Greenbrier. Women lawyers, although growing in number, were still few and far between in what was still in those days an exclusive gentlemen’s club. While there were lawyers of color, there were not many, and a de facto segregation kept them out of the mainstream of the legal practice for the most part. The energy which I have seen in our young lawyers is not only the energy of youth, it is also the energy that arises from becoming a more diverse and representative profession – something for which we can all be thankful. As an Association we can be proud of the efforts that our young lawyers have made to reflect this diversity in their membership.

The large number of children present made it very clear that young lawyers want to have both a family and a career. Many of them are two-income families in which the concept of a stay-at-home mother is simply not a feasible alternative. The concept of lifestyle balance is of vital concern to them as they try to satisfy the competing demands of their profession and families. We should be especially grateful that they are willing to add the VBA as a third ball in their juggling act.

And yet, with all of their differences, our young lawyers have one deep and abiding affinity with those staid white men in those pictures of long ago – a commitment to public service and service to the legal profession. During the past year alone, our young lawyers produced “The Working Parents’ Handbook: A Guide to the Legal and Practical Aspects of Childcare in Virginia”; “Special Education Handbook: A Summary of Virginia’s Special Education Procedural Safeguards”; “New Lawyers’ Survival Guide”; and a video on child abuse designed to assist those with reporting responsibilities on child abuse issues. In addition to these projects, there are ongoing projects covering the pro bono hotlines, minority recruiting and mentoring, programs on assisting victims of domestic violence, National Moot Court, legal support for nonprofits and a host of others. Their projects have consistently won top prizes from the American Bar Association in several categories. Their record is one of which the entire Association can be proud and which should serve as both an inspiration and a challenge to all of us interested in public service.
Other than simply to stand in awe, how are those of us who have entered into the vale of senior lawyerdom to respond to the young lawyers? I believe there are several ways.

We can make it easier for them to be young lawyers by supporting their activities. This means, among other things, supporting firm policies which make it easier for them to commit time to the VBA Young Lawyers Division. It also means assisting them with costs of such activities. Many people are surprised to find that, other than reimbursements for mileage, most of the expenses incurred in the service of the VBA are not supported or subsidized by the VBA. Unless reimbursed by his or her firm, a VBA member’s expenses come out of his or her pocket. This can be particularly difficult for a young lawyer who has any number of demands on his or her financial resources.

Senior lawyers should also encourage the young lawyers who are not currently active in the VBA to become active. While it may seem counter-intuitive to encourage a lawyer to engage in non-billable work, I would suggest this perspective is a short-term one. I believe our young lawyers in general are better lawyers and bring more value to their firms as a result of the experiences and the contacts they develop as young lawyers. While there may be some short-term deficiencies in billable hours, it is more than made up in the long run.

While those of us in smaller firms do not have quite the same institutional issues as those in larger firms, the basic message is still the same: try and support those young lawyers that you can directly affect and encourage other young lawyers to become active. It is most certainly a win–win proposition. The VBA benefits from the energy and efforts of the young lawyers and the young lawyers themselves become better lawyers as a result of the experiences they have with the VBA.

Our young lawyers are a wonderful example of just exactly what the VBA is – a group of people who have chosen voluntarily to support the goals of service to the public, service to the legal profession, professionalism and collegiality. While the good works of the young lawyers have been many and significant, we should not be daunted by the scope of their achievements. The VBA offers numerous opportunities for senior lawyers as well. The numerous sections, committees and special projects offer wonderful vehicles for those interested in giving back to the profession and the public at large. Do not wait until you are asked – volunteer and seek out an opportunity. I can tell you from my own personal experience, your overtures will be welcome. If they are not, I would like to hear about it personally.

There is yet another way to respond to and support the public and professional services of young lawyers and our Association at large. Membership in the VBA represents much more than simply membership in the largest and oldest voluntary bar association in Virginia. It represents direct support for the full range of the Association’s programs and activities. The faces at the Greenbrier, Homestead, the Sanderling and Williamsburg are, for the most part, there on their own ticket or are supported by their firms. Your dues do not subsidize these meetings or those who attend them. Your membership and patron dues go directly to support the programs and the good works of the Association, including those of the Young Lawyers Division. Even if you are not active as a member, your membership means a lot to the Association and to the support of its good works.

My visit with the young lawyers has reminded me yet again of what both our profession and our Association are becoming and their threads of continuity with what has been. Our Association continues to create an unparalleled record of service to the public and the profession. Each of us as VBA members can be proud of contributions we have made through our membership and other activities to support this work.

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From the Law Schools:
W&L’s Groot and VC3 join team to defend alleged sniper Malvo

The following article appeared in the Spring 2003 issue of W&L Law magazine (Volume 3, Number 2) and is reprinted with the kind permission of Prof. Roger D. Groot, who is the law faculty representative on The Virginia Bar Association Board of Governors, and of the administration and staff of Washington & Lee University.

Roger Groot, Washington & Lee’s widely known and respected professor of criminal law and procedure, and W&L students participating in the Law School’s clinical program, the Virginia Capital Case Clearinghouse (VC3), will assist in the defense of alleged sniper Lee Boyd Malvo. Groot, the Class of 1975 Alumni Professor of Law, is the director of VC3 and an active Virginia criminal defense attorney.

Malvo, the 18-year-old native of Jamaica, is charged along with John Allen Muhammad, 42, in two slayings last year that authorities believe are linked with 12 other shootings, most of them in the metro Washington, D.C., area. Michael Arif and Craig Cooley, who are defending Malvo in the capital murder case stemming from the slaying of a Virginia woman, asked Groot and VC3 students to assist them.

Virginia allows the death penalty for juveniles and Malvo, who was 17 when the shootings occurred, will be tried there first.
Groot has assigned two VC3 students to work along with the attorneys in Malvo’s defense. They are Lee Goebes ’03 and Ida-Gaye Warburton ’04. Goebes’ previous work for VC3 included assisting in the defense of a New Kent County murder-for-hire capital defendant who ultimately received a life sentence. In addition to her professional skills, Warburton brings something unique to the defense team: she is Jamaican.

The W&L VC3 trio will charge nothing for the several hundred hours of research and trial preparation work they expect to contribute. The trial is scheduled for next fall.

Groot’s and VC3’s addition to the defense has been publicized in national media and has brought deserved attention to the 15-year old legal clinic and the School of Law, says Dean David Partlett. “The death penalty is one of our society’s lightning-rod issues. Passions inflame the debate. One matter on which we all agree, however, is that the penalty is final and drastic and that defendants must have the benefit of effective counsel,” adds Partlett. “I am proud that VC3 has promoted effective representation. At the same time, VC3 has provided generations of our students with legal practice experience of the most exacting kind. Invaluable lessons about the required rigors of practice and the importance of professionalism are indelibly imprinted in the crucible of death penalty cases.”

VC3 is unique nationally. Eight law students actively work with defense attorneys in researching and preparing death penalty cases for trial, while eight others write and produce W&L’s Capital Defense Journal. Acceptance into VC3 is very competitive. Fifty-eight members of the Class of ’05 have applied for the eight positions available next year. VC3 focuses, first, on complete mastery of death penalty jurisprudence and, second, in both its case and journal work, to identify and develop the next litigable issue. As in the classroom, Groot’s expectations for his clinical students are extraordinarily high.

Kate Calvert ’01 was not surprised when she learned from a story in U.S. News & World Report that Groot and VC3 had been asked to assist in this high-profile case. She found the clinic work stimulating and now very relevant to her work. She is a former prosecutor in Dallas who recently took a job with Adams and Reese/Lange Simpson in Birmingham, Ala.

“I could talk about VC3 all day long,” she said. “VC3 helped prepare me for my legal career in numerous ways. First, VC3 taught me to think like a lawyer instead of a law student. It enabled me to view a problem or legal issue from numerous angles and consider all those angles and their implications before acting,” Calvert said.

“Second, VC3 taught me the importance of working with and relying on your colleagues to make tough decisions. The caseworkers in VC3 are very team-oriented and often bounce ideas off each other. I have continued this practice in my legal career today. When I am stuck on a legal question or problem, I commonly reach out to my colleagues for their input and advice.

“Third, the unique combination of case work and the Capital Defense Journal in VC3 taught me the importance of constant creative thinking. The Journal explores new themes in the law that might benefit VC3’s clients as well as old, outdated themes that demand change and need new methods of attack. Learning to view the capital murder statute from a new perspective is an invaluable lesson you learn in VC3. It is also a great lesson for young lawyers, not to be afraid to think creatively and push the envelope. Thinking outside the box is a positive skill for any lawyer.

“Finally,” Calvert said, “the hands-on experience VC3 provided me was top-notch. A professor or legal outline can explain the attorney-client privilege in detail, but it only becomes real when a client tells you his or her story or provides you damaging information about his case. I also had the opportunity to tackle a conflict-of-interest problem that arose in one of our cases. Analyzing ethical opinions due to a lack of case law on the topic was a unique experience for me and one I am not likely to see again even in my legal career.”

Matt Engle ’01 also gives VC3 his unqualified endorsement and says the clinic had a great influence on his work; he is employed by the Virginia Capital Representation Resource Center in Charlottesville. “I chose W&L specifically because I wanted to practice death penalty law, and VC3 was the most intensive capital clinic I could find. Because it immersed me for two years in death penalty law and criminal procedure, VC3 was the ideal preparation for my current job representing Virginia death row inmates in post-conviction proceedings. Professor Groot and the attorneys whom I assisted demonstrated a work ethic and a commitment to zealous advocacy that inspire me to this day.”

For more information about the Virginia Capital Case Clearinghouse and W&L’s other clinical programs for law students, please visit the Washington & Lee University School of Law website at law.wlu.edu.

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Harvard Law names fellowship for Sutin
Harvard Law School Dean Robert Clark announced the creation of the L. Anthony Sutin Public Service Summer Fellowship on May 6. Named in honor of the late dean of the Appalachian School of Law, the fellowship will provide funding each summer for a HLS student to conduct public interest work.

“This fellowship is an appropriate way to remember a Harvard Law graduate who represented the best values that we try to instill in our students,” said Clark. “Though his life was tragically cut short, we will always remember Tony for his dedication and commitment to the community and public service.”

A 1984 HLS graduate, Sutin began his career at Hogan & Hartson and later joined the Department of Justice. He eventually rose to the level of acting assistant attorney general in the Clinton administration, but left to become an assistant professor at the Appalachian School of Law. After two years, Sutin was named dean of ASL and guided the school to provisional ABA accreditation. On January 16, 2002, Sutin, Professor Thomas Blackwell and student Angela Dales were tragically killed by a former student who had not succeeded at the school despite the efforts of Sutin and others to assist him.

“I appreciate that Harvard Law School has established this very fitting tribute to Tony and his life’s work,” said Sutin’s widow, Margaret Lawton, an ASL professor. “Tony was committed to public service throughout his life, and this fellowship will enable other students with similar commitments to pursue their own dreams.”

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For the Birds:
Falcon family nests at McGuireWoods LLP in Richmond
Rachel Kaplan

The balcony of the First National Bank Building in downtown Richmond offers a bird’s-eye view of the city. Two peregrine falcons have recently made this majestic perch their home as they tend to a nest of three chicks.

Although scientists have been working for about 30 years to increase the number of falcons in Virginia, only about 16 pairs nest in the state.

The pesticide DDT caused the birds to become nearly extinct during the 1950s and 1960s. Today, scientists and environmentalists carefully watch over falcons. State and federal laws also protect peregrines, which are considered an endangered species in Virginia and many other states.

This nest, which sits outside of a McGuireWoods’ document-storage room on the First National Bank building’s 17th floor, is different from the falcons’ natural habitat. Falcons naturally nest on mountain cliffs, but recently have been known to nest on bridges or towers out of necessity. Their balcony nest comprises a tray of gravel and a low fence to keep the chicks from trying to fly prematurely.

The gravel tray resembles the rocky, shallow areas peregrines naturally use for cliff-top nests. The balcony nest overlooks the James River, which is similar to peregrines’ natural nesting areas near bodies of water. Members of McGuireWoods’ facilities department and Shawn Padgett, a research associate with the College of William & Mary’s Center for Conservation Biology, created the mock habitat. They also have been vigilantly watching and protecting the falcon nest.

Padgett hopes that when the babies are strong enough to jump the fence, they also will be strong enough to fly on their own. That will probably happen during the first weeks of June.

Before the falcons fly off to independence, Padgett will attach bands and other tracking devices to the birds.

Color-coded bands will allow experts to identify the birds from a distance and chart their growth and progress. Solar-powered transmitters, which are part of a program called FalconTrak, will allow the falcons’ journeys to be tracked via the Internet. The purpose of the transmitters is to learn about falcons’ movements.

The father of the chicks is one of five falcons raised as chicks on top of the 22-story Dominion Virginia Power building in 2000. The Dominion building is across the street from the current nest outside the First National Bank building.

Scientists are not the only ones who are carefully tracking the falcons’ movements. Workers in the surrounding high-rise buildings have spent plenty of time gazing out the window, binoculars pressed up against the glass, in an attempt to catch a glimpse of the peregrines.

John V. Cogbill III, managing partner of McGuireWoods’ Richmond office, has nicknamed the adult birds “McGuire” and “Woods.”

“McGuire,” the female, and “Woods,” the male, can be seen swooping between the downtown buildings on their trek to the nearby James River.

The blue, gray, black and white peregrine is about the size of a crow. It is also one of the world’s fastest animals. The peregrines use their aerial acrobatics to attract mates and to catch dinner. They can dive-bomb their prey at speeds of almost 150 mph, killing it midair and catching it before it nears the ground.

See www.mcguirewoods.com for more about the falcons.

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Section Focus/Civil Litigation
Stephen D. Busch

The Civil Litigation Section of The Virginia Bar Association has a current enrollment of 967 members. The Section’s Council has 21 members, consisting of lawyers from a wide geographic distribution within the Commonwealth. The Council membership includes lawyers who represent both plaintiffs and defendants, from big firms, small firms and corporate counsel, as well as representatives of the judiciary and three law school faculties. This diversity affords a balanced approach to addressing various issues that we believe is consistent with the Association’s goals.

In terms of our ongoing activities, the Council met on April 8 in Richmond to discuss a number of our ongoing projects, and to formulate a work plan for the remainder of this year. We will continue to focus on projects to enhance the services that we provide to our Section’s membership. For example, we will continue to sponsor at least two high-quality continuing legal education programs at the winter and summer meetings of the Association. Our programs during the last two meetings have been as follows:

2002 Summer Meeting
•“Fourth Annual Review of Recent Decisions of the Supreme Court of Virginia,” featuring the Honorable Jane Marum Roush; and
•“The War against Terrorism,” moderated by former Virginia Attorney General Richard Cullen, and featuring Paul McNulty, U.S. Attorney for the Eastern District of Virginia; James Comey, U.S. Attorney for the Southern District of New York; Congressman Robert Scott; and U.S. Senator John Warner.

2003 Annual Meeting
•“Expert Witnesses: An Update on Daubert, Discovery, Bias and Related Issues,” moderated by Billy Mauck (Section Secretary/Treasurer), and featuring Alan Rudlin, Bud Schill and John Fitzpatrick; and
•“Contributory Negligence: Is it Time for Virginia to Adopt Some Form of Comparative Fault?” moderated by the Honorable D. Arthur Kelsey, and featuring John Oakey, Jeffrey Breit and Wiley Mitchell.

A new initiative this year is to post all of the outlines from our CLE presentations on this Section’s webpage, which now includes the truly exceptional materials from the programs held at our meeting last January at Williamsburg. You are welcome to print these at your leisure, and they can be accessed on the Section’s webpage located at www.vba.org.

Legislative Proposals
This year we are engaging in a strategic initiative to enhance our legislative activities. To this end, I encourage you to submit suggestions about issues that should be addressed through legislative proposals as soon as possible. This will enable our new legislative subcommittee plenty of time to study the proposals for consideration by our Council and the VBA Board of Governors before next year’s session.

Articles for Publication
Writing substantive, informative articles for our membership has been a continuing activity of the Section. Articles that were in the works at the end of last year were published in the March 2003 issue of the VBA News Journal, as follows:
•“The Virginia Supreme Court takes a Big Bite Out of the Privilege For Marital Communications,” authored by Professor James Joseph Duane; and
•“Jurisdiction Over Cybertorts: The “Virtual” Reach of Virginia’s Long-Arm Statute,” authored by J. Burke McCormick (Past Chair of the Section) and D. Alan Rudlin (Board of Governors Liason to Section).
This year the Section has adopted the September 2003 issue of the VBA News Journal. The deadline for the submission of articles is August 1. If you are interested in writing an article, please contact me.

I hope that you will consider joining us for what I believe will be an excellent meeting in July. Section Vice Chair Richard Serpe and his hardworking subcommittee are finalizing plans for the CLE programs to be held at the meeting. One such program will feature Judge Roush, who will give a presentation on the Virginia Supreme Court’s decisions from July 2002 through June 2003.
In summary, the Section appears to be off to an excellent start this year, building on the momentum developed from our success in 2002. Best regards and thank you for your continued support of the Section and our activities.

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For the last 10 years, the VBA Young Lawyers Division has held its annual spring Executive Committee/Executive Council meeting on the Outer Banks of North Carolina. The spring meeting allows young lawyers to put aside their commitments at work and at home, focus for a few hours on their VBA service activities, and spend the rest of the weekend having fun at the beach with their families and friends, both old and new.

This year, despite a rainy weather forecast, VBA President Frank Thomas, his wife Zan, and 37 members of the VBA/YLD Executive Committee and Executive Council traveled with their families to The Sanderling in Duck, North Carolina, for the VBA/YLD spring meeting. They were rewarded for their efforts with two mostly sunny days at the beach, and the VBA was rewarded with another productive spring meeting.

The VBA/YLD business meeting on Saturday morning revealed that much progress has already been made toward the Division’s goals for the year. Several new or expanded projects are underway, several recent initiatives have gained some momentum, and the VBA/YLD’s older signature projects are maintaining their momentum. For instance:

• The new Wills for Heroes project has provided wills, powers of attorney and advanced medical directives to more than 100 Arlington County firefighters and sheriffs, thanks to the joint efforts of the VBA, VSB and ABA young lawyers, George Mason Law School, the Arlington County Bar Association, and the monetary support of numerous other organizations.

• The Minority Recruitment Program has expanded to Northern Virginia, where an alumnus of the program hopes to replicate his positive experience for some area college students.

•A new Law School Council has been established at George Mason University Law School.

• The Richmond Domestic Violence project recently trained a dozen new volunteer lawyers, and the Northern Virginia Domestic Violence project will hold another training session in June. In addition, efforts are underway to expand the project to Rockingham County.

• The New Projects Committee is considering the eligibility for and feasibility of an initiative to assist nonviolent felons who have completed their sentences with petitions to restore voting privileges.

• The Northern Virginia Town Hall Meeting Committee recently co-sponsored a debate in the Alexandria mayoral race.

• The Nonprofit Legal Support project has now matched 501(c)(3) organizations with transactional attorneys willing to provide pro bono legal assistance.

• The VBA/YLD has now distributed more than 400 copies of the child abuse video it developed last year to mandatory reporters across the Commonwealth.

• The Division also continues to serve the public and the bar through the Pro Bono Hotlines, the Child Support Enforcement Project, the Bridge the Gap/Virginia Lawyer CLE presentations, the Mentor Programs, the Model Legal Services for the Mentally Ill project, and many other projects.

After the business meeting at the Sanderling, the VBA/YLD members were free to enjoy a variety of activities with their families and friends, such as golf, tennis, swimming, kayaking, sailing, sightseeing, shopping, or just relaxing in the sunshine. Saturday evening the group convened with their families — including about 20 children ranging in age from a few weeks to 10 years old — for dinner and a social marked by good food, good music and good spirits. On Sunday, the sunny skies gave Division members more time to enjoy the beach and its surroundings with their families and friends.

I have been coming to the Outer Banks for the VBA/YLD spring meeting for about eight years. Though the faces have changed from year to year, I have always been both impressed and inspired by the accomplishments of my fellow members of the VBA/YLD. Each year, I am also reinvigorated by the time spent with family and friends away from the daily grind. This year’s spring meeting was certainly no exception.

Thanks to all of those that volunteer their time and make the VBA/YLD shine!

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VBA/YLD co-hosts Alexandria candidates’ forum

On Saturday, April 5, the Northern Virginia Town Hall Meeting Committee of The Virginia Bar Association Young Lawyers Division co-sponsored a debate of the Alexandria mayoral candidates at Minnie Howard School in Alexandria with the League of Women Voters and the National Congress of Black Women. Three candidates, William Cleveland (R), William Euille (D) (the eventual winner) and Townsend Van Fleet (I), spent a lively 90 minutes debating a series of questions submitted by the audience of approximately 75 Alexandrians on issues ranging from taxes, traffic congestion to affordable housing. As the election season heats up later this year, the Committee looks forward to co-sponsoring additional debates in Northern Virginia with the League of Women Voters.

Daniel Collins and Jeffrey Harvey, both of Troutman Sanders LLP in McLean, co-chair the VBA/YLD Northern Virginia Town Hall Meeting Committee. Town Hall Meetings, which focus on issues of public interest, are also held in Hampton Roads, Richmond, Charlottesville and Roanoke. For more information, visit www.vba.org/yld.htm.

VBA/YLD Central Virginia Pro Bono Hotline volunteer training scheduled for June 17

The VBA/YLD Central Virginia Pro Bono Hotline seeks volunteers! The Hotline, which began in 1992 and has been recognized by the American Bar Association for outstanding public service, helps the Central Virginia Legal Aid Society (CVLAS) handle the thousands of requests for legal assistance that it receives each year. Volunteers respond to requests for telephonic legal advice by returning phone calls to pre-screened clients with specific legal problems during scheduled hours. For a typical attorney with a hectic schedule, volunteering for the Hotline is a wonderful and feasible way to incorporate pro bono work into a legal career.

Volunteers receive approximately three hours of CLE-approved training in housing, domestic, consumer and employment law in order to address questions most frequently asked of CVLAS; schedule in advance a commitment of three to six hours each calendar quarter; gain valuable experience in counseling clients on a wide variety of legal matters; and provide much-needed legal assistance to those who otherwise could not afford it.

Training is scheduled for 5:30 to 8:45 p.m. on Tuesday, June 17, 2003, at Hunton & Williams in Richmond (Riverfront Plaza, East Tower, 951 E. Byrd Street). Dinner will be provided. Videotapes will be available for those who cannot attend. To join, please call Coby Beck at (804) 788-8576 or Agustín Rodríguez at (804) 274-5731.

Across the Commonwealth

VBA Labor Relations & Employment Law Section co-hosts multi-state seminar
“Labor and Employment Challenges in an Era of Corporate Distrust” is the theme of the 21st Annual Multi-State Labor and Employment Law Seminar, to be held June 11-14 at The Homestead. The seminar, which offers 14.5 MCLE credits, including 2.0 hours of ethics, is presented by the Dedman School of Law at Southern Methodist University in association with the Labor Relations and Employment Law Section of The Virginia Bar Association.
Seminar programs will focus on challenges arising from recent corporate financial and accounting scandals, collapses of major employers such as Enron and WorldCom, and continuing employment dislocations caused by 9/11 and its aftermath, in addition to recent developments in labor relations and employment law.
Featured speakers from Virginia and their topics include Hon. Elizabeth B. Lacy of the Supreme Court of Virginia, on “Crime and Punishment: Judicial Observations on the Role of Officers of the Court when Clients Engage in Misconduct Leading Up to and During Judicial Proceedings”; Gregory Giordano, W. David Harless and Dr. Deborah Giorgi-Guarnieri, assistant professor and director of forensic psychiatry at Virginia Commonwealth University, on “Mental Health Experts in Employment Litigation: A Clinical Demonstration,” a panel discussion moderated by Margaret A. Browne; and Elaine Bredehoft and Steven W. Robinson on “Whistleblowers: Public Servants or Public Leeches?”
Anne Gordon Greever of Hunton & Williams in Richmond chairs the VBA Labor Relations and Employment Law Section.
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VBA recommends judicial candidates for EDVA bench
In response to the announcement of senior status by Judge Henry Coke Morgan Jr., of the U.S. District Court for the Eastern District of Virginia, effective February 2004, The Virginia Bar Association responded by asking for candidates to submit their qualifications for consideration in respect to the vacancy, in keeping with its tradition of offering recommendations for federal judgeship vacancies to Virginia’s U.S. Senators who will offer candidates to President Bush for his nomination.
At a meeting on May 28, the blue-ribbon VBA Committee on Federal Judgeships, Eastern District, reviewed written submissions and made final its report to Association President Frank Thomas for executive approval. The VBA then expressed support for the candidacies of three persons, attorneys James L. Chapman IV and Glen A. Huff and The Honorable Robert J. Humphreys, and particular support for two individuals, attorney Walter D. Kelley Jr. and The Honorable F. Bradford Stillman. Further developments will be reported in a future issue of the VBA News Journal. Return to Top

Nominees sought for Virginia Law Foundation Fellows Class of 2004
Nominations for the 2004 Class of Virginia Law Foundation Fellows will be accepted through September 2, 2003. The 2004 Class will be inducted at a dinner meeting in Colonial Williamsburg on January 15, 2004, during The Virginia Bar Association’s 114th Annual Meeting.
Candidates must (1) be an active or associate member of the Virginia State Bar for at least 10 years; (2) be a resident of Virginia; (3) be a person of integrity and character; (4) have maintained and upheld the highest standards of the profession; (5) be outstanding in the community; and (6) 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 2. Send your nomination to VLF Fellows Council, c/o Nominations, 701 East Franklin Street, Suite 708, Richmond, Virginia 23219, phone (804) 648-0112, or e-mail to valawfdn@infionline.net. For a complete listing of current Fellows, please visit the Foundation’s website at www.virginialawfoundation.org. Return to Top

It’s time to develop legislative proposals
Note to all sections and committees of The Virginia Bar Association: it’s time to start planning for the 2004 General Assembly, if you haven’t got proposals in the works by now.
The VBA Board of Governors reviews legislative proposals at its summer meeting in July and its fall meeting in October. Because of the accelerating pre-session schedule for developing and filing proposed legislation for the General Assembly, it is preferable to submit proposals as far in advance as is practicable. Return to Top

Lawyers Helping Lawyers settles in new offices
The Lawyers Helping Lawyers (LHL) Program, which provides confidential, non-disciplinary help to lawyers, judges, law students and their family members with substance abuse problems, has moved to new offices in Suite 1501 of 700 East Main Street, Richmond, Virginia 23219.
The Lawyers Helping Lawyers Program was organized in 1985 to provide confidential, non-disciplinary assistance to members of the legal profession in Virginia who experience professional impairment as a result of substance abuse. The program has been fostered by the VBA and housed in Association offices until now. This help comes from professional staff and a statewide network of volunteers.
Lawyers Helping Lawyers is now a Virginia non-stock corporation endorsed by The Virginia Bar Association, the Virginia State Bar, the Virginia Trial Lawyers Association and the Virginia Board of Bar Examiners. In the fall of 2003, Lawyers Helping Lawyers will begin providing help to members of the legal profession impaired by mental health problems.
The program can be contacted at (804) 644-3212 or toll-free at 1-800-838-8358. The new e-mail is info@valhl.org. Links to and contact information for LHL will be maintained on the VBA website. Return to Top

Fall conferences on horizon
Even though it’s early summer, you’ll want to mark your calendar for these VBA conferences and events coming up this fall:
Boyd-Graves Conference, October 24-25 at The Boar's Head Inn, Charlottesville; Virginia Tax Practitioners Roundtable, October 24 at Farmington in Charlottesville; VBA Corporate Counsel Section Fall Forum, October 27 at The Jefferson Hotel, Richmond; VBA/YLD Pro Bono Hotline Roundtable, November 5 at The Cavalier, Virginia Beach; VBA Capital Defense Workshop, November 6-7 at the Richmond Marriott; Region IV Competition, National Moot Court, November 6-8 at the United States Courts Building, Richmond; and the VBA’s 114th Annual Meeting, January 15-18 in Colonial Williamsburg. Watch the VBA News Journal and www.vba.org for calendar updates and event details. Return to Top

Ellett participates in ABA/BLI
VBA President-elect Ted Ellett joined 300 other rising leaders of bar groups at the American Bar Association’s Bar Leadership Institute (BLI) in Chicago March 6-8. The BLI provides an annual opportunity for incoming bar leaders to meet with ABA officials, bar leader colleagues from other states, executive staff and other experts on the operation of bar associations. Ellett participated in sessions on bar governance, finance, communications and planning for a year as bar president. The BLI is sponsored by the ABA Standing Committee on Bar Activities and Services and the ABA Division for Bar Services. Return to Top

VBA communications honored
VBA Director of Communications Caroline Cardwell received four first-place awards at the spring conference of Virginia Press Women (VPW) on April 26 at Jamestown Settlement. She was among 60 VPW members who received 149 awards, selected from more than 300 submitted entries.
Cardwell received first place for news website editing (www.vba.org), still illustration (books@vba.org, the logo for the VBA Book Program), multimedia presentation (“Law Reform and The Virginia Bar Association: A Look at the VBA Legislative Year”), and manuals and handbooks (the VBA/YLD 2002 Executive Committee and Council Face Book).
Her winning entries will now be submitted to the National Federation of Press Women communications competition.
VPW is a diverse organization of professional communicators in Virginia, open to women and men, which promotes the highest ethical standards, foster exchanges of journalistic ideas and experiences, offer continuing education experiences to members and serve the public’s right-to-know. Return to Top

News in Brief

Gordon F. Rainey Jr. of Richmond, a VBA member and chairman of the law firm of Hunton & Williams, was recently elected rector of the board of visitors of the University of Virginia. Thomas F. Farrell II of Richmond, chief executive officer of Dominion Energy Inc. and chair of the VBA Committee on Nominations to Virginia Commissions and Appellate Courts, was elected to the newly created position of vice rector.
Guy K. Tower of Norfolk, a VBA member and formerly a partner in the law firm of Kaufman & Canoles, PC, has become the new director of judicial education for the Commonwealth of Virginia.
VBA member Thomas A. Edmonds, executive director and chief operating officer of the Virginia State Bar, has been elected vice president of the National Association of Bar Executives (NABE).
We salute the “We the People” team from Maggie L. Walker Governor’s School in Richmond for winning the national “We the People” competition, in which high school students demonstrate their knowledge of the U.S. Constitution through participating as “experts” in mock congressional hearings. Several VBA members and staff served as judges for the state competition in February.
VBA Divisions Coordinator Regina Moss and Joshua Potis were married June 7 in Richmond. Best wishes and congratulations!

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Copyright 2007 The Virginia Bar Association