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The Official Publicationof The Virginia Bar Association

Volume XXXII, Number 2April/May 2006

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News JournalTHE VIRGINIA BAR ASSOCIATIONVOLUME XXXII, ISSUE 2 • APRIL/MAY 2006

4 • President’s Page: Learning from Our PartnersWilliam R. Van Buren III

6 • Setting the focus: identifying the VBA’s strategic goals8 • Legal Focus/Access to Justice:

‘We Can’t Escape Responsibility’Gene R. Nichol

10 • The 2006 VBA Legislative Review14 • Sign up today for the VBA Community Service Program!15 • Legal Focus/Lifestyle Balance:

Life Lessons for Lawyers — Part 1Stephen E. Story

18 • VBA Young Lawyers Division: A 50-Year CommitmentLori D. Thompson

19 • Advance Medical Directives Day helps Virginiansmake end-of-life care decisions

20 • Across the CommonwealthVBA invites U.S. Senate candidates to debate at Summer Meeting• Former Attorneys General call for indigent defense funding •Annual Meeting Programs now available from Virginia CLE •Last chance to nominate a candidate for the DeMallie Award •YLD’s 50th anniversary coming in 2007 • Does the VBA officehave your e-mail address?

21 • News in Brief23 • VBA Member Benefits24 • Calendar

VBA• •

VBA NEWS JOURNAL, the official publication of The Virginia Bar Association (ISSN 1522-0974,USPS 093-110), is published six times per year (December/January, February/March,April/May, June/July, August/September and October/November). Membership duesinclude the cost of one subscription to each member of the Association. Subscription priceto others, $30 per year. Statements or expressions of opinion appearing herein are thoseof the authors and not necessarily those of the Association, and likewise the publicationof any advertisement is not to be construed as an endorsement of the product or serviceunless specifically stated in the advertisement that there is such approval or endorsement.Periodicals postage paid at Richmond, VA 23232. POSTMASTER: Send address changesto The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219.

Suite 1120701 East Franklin Street

Richmond, VA 23219(804) 644-0041

FAX (804) 644-0052E-mail: [email protected]

Web: www.vba.org

OUR MISSIONThe Virginia Bar Association is a voluntaryorganization of Virginia lawyerscommitted to serving the public and thelegal profession by promoting the higheststandards of integrity, professionalism,and excellence in the legal profession;working to improve the law and theadministration of justice; and advancingcollegial relations among lawyers.

On the Cover: The Lunenburg County Courthouse (1827), photograph by John O.Peters. One hundred forty photographs of Virginia courthouses are contained in Virginia’sHistoric Courthouses, written by John O. and Margaret T. Peters with a foreword by thelate Justice Lewis F. Powell Jr.; photographs by John O. Peters; published by UniversityPress of Charlottesville; and sponsored by The Virginia Bar Association. To order thebook, call the VBA at (804) 644-0041 or 1-800-644-0987.

PresidentWilliam R. Van Buren III, NorfolkPresident -electGlenn C. Lewis, Washington, D.C.Chair, Board of GovernorsG. Michael Pace Jr., RoanokeImmediate Past PresidentJames V. Meath, RichmondLaw Practice Management Division ChairDavid H. Sump, NorfolkYoung Lawyers Division ChairLori D. Thompson, RoanokeYoung Lawyers Division Chair-electMatthew E. Cheek, RichmondBoard of GovernorsThe Officers andProf. Margaret I. Bacigal, RichmondStephen D. Busch, RichmondJohn D. Epps, RichmondCheshire I. Eveleigh, Virginia BeachWilliam E. Franczek, NorfolkKaren Turner McWilliams, RestonSteven R. Minor, BristolJ. Lee E. Osborne, RoanokeStephen C. Price, LeesburgGlenn W. Pulley, DanvilleNancy N. Rogers, RichmondHon. Pamela Meade Sargent, AbingdonRichard C. Sullivan Jr., Falls ChurchMember of ABA House of DelegatesDavid Craig Landin, RichmondLegislative CounselHon. Anthony F. Troy, RichmondHon. Robert B. Jones Jr., RichmondAnne Leigh Kerr, Richmond

Executive DirectorGuy K. TowerAssistant Executive DirectorBrenda J. DillardDirector of AdministrationCynthia E. BashamVBA News Journal EditorCaroline B. Cardwell

4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL APRIL/MAY 2006

Learning from Our Partnersby William R. Van Buren III

PRESIDENT’S PAGE

Just as Norfolk Southern hasprospered from its renewed focus oncustomer service, the VBA has keenlyobserved that its own path to successlies in providing critical services thatits customers, the lawyers of Virginia,want and expect... The new andimproved VBA will be focused ondelivering value to our membership.

The cover story of the February13, 2006, issue of Forbes magazinecelebrates the success of ourlongstanding sponsor, NorfolkSouthern Corporation, in an articleentitled “This Is How To Run ARailroad.” On the eve of theretirement of its chief executiveofficer, tax lawyer David Goode, andthe ascendancy of Wick Moorman,the former head of the company'sinformation technology department,to the seat of company power, thearticle celebrates Norfolk Southern'srecent extraordinary growth. By“adding technology, marketing andcustomer service to a sooty oldbusiness,” it has become a leaderamong its peers while riding the tidalwave of growth in global trade.

In March of this year, the Board ofGovernors of the VBA held its springmeeting in Norfolk, home to theheadquarters of Norfolk SouthernCorporation. In some measure, thatmeeting was a celebration of itsshared history with the VBA, anopportunity to say thanks to one ofour longstanding and vital sponsorsand, perhaps, a chance for us to learnfrom its own success in achievingspectacular customer service.

Some 34 members of the NorfolkSouthern Legal Department aremembers of the VBA. The currentvice president-real estate, BlairWimbush, has served on our Boardof Governors and as president of theVirginia Law Foundation. Its formersenior vice president of law, HenryLight, received the “SpecialRecognition” award at our 2004Summer Meeting, and our newexecutive director, Guy Tower,began his legal career in Roanokewith one of the company'spredecessors, the Norfolk andWestern Railway. Jack Shannon, the

now retired executive vice presidentof law for Norfolk Southern and apast champion of our VBA tennistournament, still reminisces of thedays when every member of the lawdepartment was a VBA member andwhen most attended VBA summermeetings at the urging of thecompany. Then, as now, the VBAwas critical to establishing importantcontacts with outside counsel andgaining valuable continuing legaleducation. Resolution afterresolution in the VBA archivesexpresses gratitude to the companyor its predecessors, the Norfolk &Western and Southern Railways, fortheir generous and loyal support ofthe Association.

Even more remarkably, two pastpresidents of this Association, LucianHoward Cocke and WhitwellWentworth Coxe, bear NorfolkSouthern pedigrees. Each of thosepresidents epitomized the characterof the citizen-lawyers the VBA haslong been proud to champion.

Lucian Howard Cocke, whoserved as the Association's Presidentin 1918, was general attorney forNorfolk and Western Railway fornearly 20 years beginning in April1907. He served as the first electedmayor of the town of Roanoke in

1882 and was elected to the Boardof Trustees of Washington & LeeUniversity in 1898, becoming itsrector in 1924 and serving in thatcapacity until his death in 1927. Amemorial to his life authored by H.St. G. Tucker quoted from aneditorial in the Richmond NewsLeader that remarked upon thequality of his life:

“As general attorney for theNorfolk and Western Railroad, heguided its policy for nearly 20years. During that time he arguedmany important causes and settledmany involved cases, but in everyargument he had the respect ofopposing counsel and in everysettlement he was as just to theopposition as he was loyal to hisclients. To him is attributable nosmall part of the singular wisdomthat has shaped the relations of theNorfolk and Western to the peopleand to the government of Virginiaduring the last two decades. Whathe was to the railroad he was, in alarge sense, to the people ofRoanoke. He was their generaladvocate in every pleading for thepublic weal.” In his closingremarks of eulogy for this departedcitizen-lawyer, Mr. Tucker noted:“With the many friends with which

APRIL/MAY 2006 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/5

God has been pleased to bless methrough a long life, I have nohesitancy in saying that LucianCocke, in all elements of truemanhood, as a citizen, lawyer,father, husband and friend, filledthe position of a Christiangentleman as completely and asfully as any I have ever known. Inhim was combined a strongintellect, a manly, noble character,with unexcelled poise amid thetrials and battles of life, a loyaltyto principle and to friends beyondcompare, a devotion to family,friends, State and country, evincingthe broadest patriotism, with asympathetic humanity thatembraced all mankind…”

Some 10 years following LucianCocke’s service as President,Norfolk and Western Railway loanedthe Association another of itstalented lawyers, WhitwellWentworth Coxe, as its president inthe 1928-29 fiscal year. Mr. Coxeheld the title of general solicitor from1936 until 1954 when he retired atage 70 to rejoin his former law firm,a predecessor to Woods Rogers. Inaddition to his role on the Board ofAldermen for the City of Roanoke,Mr. Coxe served for 10 years on theBoard of Visitors of the University ofVirginia, as president of the RoanokeChamber of Commerce and as alongstanding director of First FederalSavings & Loan Association. Theesteem and affection which hecommanded were evident in thememorial authored by his partner,the former Frank W. Rogers ofRoanoke: “Mr. Whit, as he wasaffectionately known by the younger

generation of lawyers, was equallywell known as a sportsman. Nomountain was too steep for him toclimb for a shot at a grouse. Nostream was too inaccessible for himto wade for a rainbow or speckledtrout. No losing football season atthe University was too discouragingto keep him from going back to thegames at Charlottesville. [On apersonal note — a trait to beadmired by all of us long-sufferingWahoos.] On being asked by thepresent Mrs. Coxe when he would beavailable for a social engagement, heis said to have replied: “Any time,my dear, except in fishing season,hunting season and football season.”In remarking upon his character, Mr.Rogers (grandfather of current VBABoard member Newnie Rogers)remembered: “to say that he was aman of uncompromising integrityaccounts for the respect universallyaccorded him.”

Indeed, all of us have much togain from honoring the memories ofthese past leaders. Had the VBACommunity Service Program beenin place at the time, they surelywould have been among its leaders.

Our Norfolk Board of Governorsmeeting afforded us the chance tocelebrate the legacy of theseleaders when we hosted the NorfolkSouthern Legal Department at our

Friday evening reception and as wetoured the company’s impressiveintermodal facilities at the Port ofVirginia.

Just as Norfolk Southern hasprospered from its renewed focuson customer service, the VBA haskeenly observed that its own pathto success lies in providing criticalservices that its customers, thelawyers of Virginia, want andexpect. To be sure, collegiality,public service and theadvancement of professionalismare noble pursuits that we willemphasize irrespective of thisrenewed focus on our members.But it is no longer enough tosurvive on the notion thatVirginia’s lawyers will belong tothe VBA merely because theyshould. The new and improvedVBA will be focused on deliveringvalue to our membership. Torecite but a few of those initiatives:

•Affordable CLE programs formembers. Anyone who hasattended VBA meetings in recentyears has undoubtedly beenimpressed with the ever-increasingquality and timeliness of thecontinuing legal education offeredduring our meetings. Thereputation and quality of ourspeakers is consistently among thebest offered by CLE providers inVirginia. To expand the reach andaffordability of these programs andto improve member access to ourhigh quality CLE, we havepartnered with Virginia CLE toprepare DVD recordings of selectprogram offerings and will makethem available for distribution tomembers at significant discounts.

•Law Practice Management.Our outstanding Law PracticeManagement Division will continueto provide valuable programs toLucian H. Cocke,

VBA President, 1918-19Whitwell W. Coxe,

VBA President, 1928-29


our members on critical practice issues ranging fromcompensation methodology to office technology,career transition, financial planning, attorneyrecruitment and retention, office design and lifestylebalance.

•Member Services. The VBA staff will continue tofocus on the enhancement and promotion ofmembership programs and member services. Cost-effective insurance alternatives provided by the VBA’sinsurance subsidiary, the Virginia Barristers Alliance,discounted and effective teleconferencing servicesthrough Premiere Global Services, discountedovernight shipping through DHL and the 20 percentdiscount offered members for the purchase of ABApublications are among the programs already offeredour members.

•Practice Support. Our substantive law sectionsauthor significant legislation affecting their practiceareas in most legislative sessions of the GeneralAssembly. As a benefit to members, VBA sectionswill continue to distribute timely summaries andpractice tips to Section members to assist them inadjusting to new Virginia legislation well before itseffective date.

•Technology Initiatives. The VBA has focused onenhancing its technology by upgrading its website,implementing online membership applications andrenewals, continuing to build its electronic database

for its membership, and planning for member-only webpages that will provide access to substantive lawsupport for section members.

•Enhancing Networking Opportunities. The VBAhas begun offering significant meeting registrationdiscounts to state and federal judges to increase theirparticipation in the Association’s meetings. RegionalAdvisory Committees have been organized in everymajor area of the Commonwealth to increaseleadership participation and to enhance thecommunication of regional concerns and issues to theVBA leadership.

•Leadership Development. In an effort to expandthe VBA leadership base, more effectively recruitlawyers from more diverse backgrounds and broadenthe connection between the VBA Board of Governorsand its members, the VBA has transformed the BoardNominating Committee into a year-round GovernanceCommittee, charged with leadership diversity,cultivation and identification. Further, the Board hasformed a Leadership Council composed of the Chairsand Vice Chairs of all VBA Sections and RegionalAdvisory Committees that will meet with the Board ofGovernors annually to discuss major policy issuesaffecting the membership.

Like Norfolk Southern, the VBA is “on the move.”We hope you'll get on board and enjoy the ride. VBA

Setting the focus: identifying the VBA’s strategic goals

David Martin, founder of the Martin Agency, presents the VBAstrategic plan at the 2006 Leadership Council Conference atthe Omni Richmond on March 20.

What does The Virginia Bar Association do and howdoes it do it?

More importantly, on what areas and activities shouldthe VBA focus its attention, in terms of its growth anddevelopment?

When The Virginia Bar Association Board of Governorsdecided to produce a strategic plan for the Association, itsmembers started at the top — by working with advertisingwizard David N. Martin, founder of Richmond’s renownedMartin Agency.

Martin not only devoted numerous pro bono hours tomeeting and working with the Board in 2005 to identifythe core ideals of the VBA, but he also attended the VBALeadership Council Conference at the Omni Richmond onMarch 20 to present the plan to Association leaders.

Among the key points:• VBA members are “citizen lawyers” who maintain a

commitment to public and professional service by“promoting the highest standards of integrity,professionalism and excellence in the legal profession.”

• The Association’s core strategic missions fall into fourmajor categories: professionalism and collegiality, protectand improve the law, public service and service to theprofession.

• The pursuit of protecting and improving the law in thepublic interest is the major distinguishing activity of The

Virginia Bar Association, setting it apart from all other barorganizations in the Commonwealth.

Martin’s presentation, which was the highlight of theconference, touched off a lively and thoughtful discussionamong section and committee chairs as to how the plancould be implemented through their groups’ activities.


2006 Strategic Goals of The Virginia Bar Association

OUR CORE STRATEGIC MISSIONS

Who We Are: Citizen lawyers committed to serving the public and the legal profession by promotingthe highest standards of integrity, professionalism and excellence in the legal profession.

Professionalismand Collegiality

Protect andImprove the Law Public Service Service to the Bar

• Continuing legaleducation of the highestquality

• Providing law practicemanagement support

• Providing quality memberservices through strategicalliances with key vendors

• Providing networking andmentoring opportunitiesfor Virginia lawyers

• Raising the quality ofpractice throughsubstantive law sections

• Promoting diversity in themembership andleadership of theAssociation to reflect theclients and communitiesthey serve

• Promoting lifestylebalance and programsto assist troubledprofessionals

• Enhancing confidencein the judicial system

• Providing practice guidesto Virginia lawyers to assistwith specialty areasof practice

• Safeguarding legislativeissues affecting theprofession

• Community ServiceProgram

• Pro Bono initiatives

• Young Lawyers Divisionpublic service projects

• Promoting citizenshipthrough the sponsorshipof debates betweencandidates for Governor,Lieutenant Governor andthe U.S. Senate

• Disaster assistance

• Fundraising in supportof public service

• Identification, draftingand lobbying of changes tothe Virginia legislativescheme that improve theadministration of justice,eliminate ambiguity,promote efficiency andaccess to justice andotherwise advance theefficacy of the Virginia Code• Support of the GeneralAssembly through theexpertise of substantivelaw sections• Serving as a public voicefor important issues offairness and due processthat lack an effectiveconstituency (e.g., indigentdefense)• Retention of lobbyists toadvance public interestlegislation• Advocacy for judicialindependence/meritselection of Virginia judges

• Promotion ofprofessionalism throughoutreach and publicadvocacy

• Enhancing reputation ofprofession throughpromotion ofprofessionalism principlesand ethics programs

• Promoting collegialitythrough our quality meetingofferings and socialfunctions

• Publicly recognizingcitizen lawyers who upholdand represent the VBA’score values

“If my section is not actively involved in legislative work, how do we fit into thisstrategy?” was a typical question raised during the conference. In such cases, the groupcould focus on production of top-quality continuing legal education programs, or provisionof other value-added services to its current and prospective members, both of which arereferenced in the listing of strategic goals (see chart on this page).

The main objective for VBA entities is support for the overall strategic focus of theAssociation, recognizing that each individual group would identify its own priorities andongoing functions among the core goals. Sections, committees and divisions can use thestrategic goals as guidelines for setting their work plans and developing new programs.

Many of the items named as strategic missions are already among the VBA’s long-termpriorities: activities such as legislative studies, public service and professional developmenthave been key elements since the Association’s early years. The Board seeks to highlighttraditional areas of involvement and interest while renewing its commitment to “customerservice” to members and others.

Beyond its membership base, the primary “customer” of the VBA remains the people ofVirginia who benefit from the Association’s dedication to protecting and improving the lawand the administration of justice. All areas, including those which deal with enhancingprofessionalism and professional development, support the VBA commitment to legislativeadvocacy. With these objectives clearly outlined, the Association will continue to speakout on behalf of those who have no public voice. VBA


President Nichol delivered thefollowing remarks at a meeting ofthe Bar Association of the City ofRichmond on March 16, 2006.They are reprinted here with hispermission.

Think, for a second, about a setof facts that we all know, at least inthe back of our minds, to be true.Lawyers cost money. Some have it.Lots don’t. Yet unlike someindustrial nations, we recognize nogeneral right to representation incivil cases. Less than one percentof our total expenditure for lawyersgoes toward services for the poor.Legal aid budgets are capped atlevels making effectiverepresentation of the poor astatistical impossibility. Even atthat, they’ve been cut by about athird over the last decade.

We have one lawyer for every380 people generally, and onelegal services lawyer for every6000 persons living in poverty. Wefence folks out even further bycategories of unworthy poor; andplacing restrictions-on the mostefficient avenues forrepresentation. Study after studyshows about 80 percent of the legalneed of the poor is unmet. Thecircumstance is almost as bleak formiddle-income Americans. NewYork’s state bar study a couple ofyears ago found that we leave thepoor unrepresented on the mostcrushing problems of life —divorce, child custody, domesticviolence, housing and benefitsdisputes. We think it natural that acommercial dispute betweenbattling corporations takes sixmonths to try while the fate of abattered child is determined in afew minutes. What passes for civil

justice among the have-nots isstunning.

On the criminal side, wetrivialize the right to counsel thatwe have declared. Public defenderscan have crushing caseloads.Rates of compensation forappointed lawyers are oftenlaughable. Thousand-dollar caps infelony cases are common.Competitive bid schemes can makeit worse — leading to what hasbeen accurately described as“meet ’em, greet ’em, and plead’em” defense regimes.

We’ve developed embarrassingrules of constitutional effectiveness— what Deborah Rhode calls a“jurisprudence of dozing” — rulingnot only that inexperiencedlawyers, but drunk lawyers,drugged lawyers, mentally illlawyers and sleeping lawyers canpass muster. One court explainedthat “the constitution does not say

LEGAL FOCUS/ACCESS TO JUSTICE

‘We Can’t Escape Responsibility’by Gene R. Nichol, President, The College of William and Mary

a lawyer has to be awake”; anotherruled that sleeping “might havebeen a strategic ploy to gainsympathy from the jury.” This musthave provided only modestconsolation to the convicted client.

We enthuse about access andequality rhetorically. But we don’tmake sufficiently serious efforts togive them practical content.Average citizens are effectivelypriced out of the justice system.They are also typically barred fromparticipating in the closedregulatory scheme that excludesthem. The system we have ispowerfully, dramatically, andfundamentally at odds with who wesay we are.

In studying the literature — asbest a university president can do— I learned that “the bestavailable research indicates thatthe American legal professionaverages less than half an hour of

President Nichol (L) applauded Justice Sandra Day O’Connor, the new chancellor of theCollege of William and Mary, during their joint investiture/inauguration ceremony atthe Wren Building on April 7. (Photo by Nick Kelsh, courtesy of the Office of UniversityRelations.)


work per week on pro bonoservices.” Most lawyers do no probono work at all. Recent affluencehas eroded rather than expandedsupport for pro bono programs.Over the past 12 years, theaverage revenue of the country’smost successful firms increased byover 50 percent, and pro bonohours dropped by one-third.

Nationally, service to the poorrepresents less than one percent oflawyers’ working hours.

In law schools, issues of accessto justice are either missing ormarginalized in our curricula.Relatively little of our researchfocuses on what passes for justiceamong the have-nots. Ourcurriculum takes the presentdeployment of legal resources as agiven. Who uses the system isunexplored. Law firms are nottopics of study or critique. Despiteall the marvelous outreach and probono and varied clinical programsexpanding in law schools acrossthe country, unequal access tojustice has not made it to the coreof legal education. The greatestshortcoming of American lawschools may be the failure toexplore and articulate a theory ofthe just deployment of legalresources.

When we survey this landscape Ithink we’re compelled to say thatwe would have hoped for more fromour nation’s justice system. Morefrom our country. And I think wewould say at the same time that werefuse to believe the charge ofequal justice is beyond us —beyond our capacities, or beyondour desires. Because if we rejectthat, we reject our best selves.

So it’s my hope that our futureefforts — in the broader legalcommunity and the academy —will point more powerfully in thesedirections. The flight from equalityis as great a barrier to theadministration of justice in each ofour communities as other mattersthat have received far greaterattentions-matters like the erosionof ethics and professionalism, the

loss of civility, the abuses ofdiscovery and the like. The flightfrom equality is a greater barrier tojustice than any of these matters.

It is also, of course, an evenmore difficult problem to solve. Butthat’s not a reason to turn away. Ifthe problem is great enough, theviolation of our constitutive idealsstrong enough, the threat to ourdemocratic standards real enough,the gap between our words and ourdeeds massive enough, then surelywe decide to go at it full bore. Weexperiment, we try, we fail, weregroup, we try again. We try againbecause we know that what we are,what we believe in is at stake.

Last year I read Ralph Ellison’snovel Juneteenth. There, Ellison’smain character says this: “We area nation born in blood, fire andsacrifice. Thus we are judged,questioned, weighed — by theideals and events which marked[our] founding. These transcendentideals interrogate us, judge us,pursue us, in ... what we do, or donot do. They accuse usceaselessly, and their interrogationis ruthless, scathing ...until,reminded of who we are, and whatwe are about, and the cost[s] wehave assumed], we pull ourselves

together. We lift our eyes to thehills and we arise.”

Our constitutive call to equaljustice surely interrogates andaccuses us. It judges us and findsus lacking. The answers we offerdo not satisfy. Not if we are whatwe claim to be. We can’t escaperesponsibility for the system ofjustice we create. I close with astatement of Lord Brougham — a19th century Scottish lawyer andstatesman — a charge that is moreessential today than even when hespoke it:

“It was the boast of Augustusthat he found Rome brick and left itmarble. A praise not unworthy of agreat prince. But how much noblerwould be our sovereign’s boastwhen he shall [say]... that he foundlaw dear and left it cheap; found ita sealed book, left it a living letter;found it the patrimony of the rich,left it the inheritance of the poor;found it the two-edged sword ofcraft and oppression, left it the staffof honesty and the shield ofinnocence.” VBA

* The access to justice statistics cited andrehearsed here rely heavily on DeborahRhode’s terrific works. See, particularly,Deborah Rhode, IN THE INTERESTS OFJUSTICE (2004).

[email protected]@vba.org

Resources you can trust. Information you can use.At prices you can handle.On the Internet at www.vba.org. On the phone at (804) 644-0041.

The VBA Law Practice Management Division has established an agreementwith the American Bar Association to sell ABA books to all members of theVBA/LPMD — that is, all members of The Virginia Bar Association — at a 20percent discount.

You can go to www.vba.org, click on a link to the Book Program, perusea list of books, and print out an order form to send to the VBA office withyour payment.

NOTE: ALL books published by the ABA — not just the ones listed on theVBA website — are available with the 20 percent discount. You must,however, place your order through the VBA office to receive the discount.


LEGAL FOCUS/ACCESS TO JUSTICEThe 2006 VBA Legislative ReviewSTATUS AND NOTESBILLS AND RESOLUTIONSAREA OF PRACTICE

Accessto Justice

SB 573 (Sen. Stolle, R-Virginia Beach): Court-appointed counsel; court may waive limit oncompensation for certain cases.

HB 313 (Del. Albo, R-Arlington): Court-appointedcounsel; court may waive limit on compensationfor certain cases.

HB 176 (Del. Putney, I-Bedford): Court-appointedcounsel; court may waive limit on compensationfor certain cases.

Virginia Indigent Defense Commission budgetproposals for VaIDC staff (approx. $1.8 million)and 54 new staff positions (25 attorneys, 18investigators, 11 secretarial; approx. $3.4million).

House of Delegates budget amendment (HB5002, 2006 Special Session, item 32#2h).

Senate budget amendment (SB 5002, 2006Special Session, item 32#3s).

VBA supported. Left in Senate Committee onFinance.

VBA supported. Left in House Committee onAppropriations.

VBA supported. Passed House; referred to SenateCommittee for Courts of Justice; reported andrereferred to Finance; continued to 2007 in Finance.

VBA supported.

Provides $1.3 million each year from the generalfund to permit circuit court judges to waive theCommonwealth's statutory maximums for thecompensation of court-appointed attorneys whenthose attorneys are assisting indigent criminaldefendants who have been charged with crimescarrying a maximum penalty of 20 years or more.

Provides $1,420,400 the first year and $343,800the second year from the general fund to fully fundcourt-appointed attorney fees for indigent clients incriminal cases, up to the caps as specified in Section19.2-163, Code of Virginia. Amounts in thisamendment represent the additional funds requiredabove the amounts already included in the budgetas introduced, to fully fund the existing caps. Alsodirects the Supreme Court of Virginia, with theassistance of the Indigent Defense Commission, toprepare a report on steps necessary to remove thecaps on payments to court-appointed counsel and toprovide appropriate representation to indigentdefendants in criminal cases.

Proposed changes to the Stock Corporation Actwhich would permit the formation of a Virginiaholding company by means of a triangular parent-subsidiary merger without shareholder vote. SB78 (Sen. Watkins, R-Midlothian): Virginia StockCorporation Act; short form mergers to formholding companies.

Changes to the Limited Liability Company andUniform Partnership Act provisions updatingthose statutes to add provisions now included inother statutes and making adjustments to addressother issues. SB 547 (Sen. Stosch, R-Henrico):Limited liability companies and limitedpartnerships; domestication.

Business Law VBA supported. Passed both houses with Houseamendments. Signed by Governor.

VBA supported. Passed Senate; referred to HouseCommittee on Commerce and Labor; passed Housewith substitute. Governor's recommendations adoptedby Senate; passed both houses with Governor'srecommendations. Enacted.


STATUS AND NOTESBILLS AND RESOLUTIONSAREA OF PRACTICE

The 2006 VBA Legislative Review

Commissionon the Needsof Children

VBA supported. Boyd-Graves also favored change.Bill continued to 2007 in Senate Committee forCourts of Justice.

VBA supported. Passed Senate; referred to HouseCommittee for Courts of Justice; reported andreferred to Appropriations; left in Appropriations.

VBA supported. Left in House Committee forCourts of Justice.

VBA supported. Submitted to Advisory Committeeon Rules of Court as proposed rule change.

VBA supported. Passed by indefinitely in SenateCommittee for Courts of Justice.

VBA supported. Continued to 2007 in SenateCommittee for Courts of Justice.



Civil Litigation/Boyd-GravesConference

Business Law VBA opposed. Continued to 2007 in HouseCommittee on Commerce and Labor.

HB 1570 (Del. Reid, R-Henrico): Businessentities; certification of legal status; penalty.

Repeal Virginia Code Section 20-124.3:1regarding testimony by mental healthprofessionals in child custody proceedings, ornarrow the statute so that it does not limit thetestimony of such professionals unless theparent is the patient of the mental healthprofessional. SB 569 (Sen. McDougle, R-Mechanicsville): Custody and visitation; courtmay order confidential mental health recordsconcerning a parent.

SB 290 (Sen. Cuccinelli, R-Centreville):Psychiatric Inpatient Commitment of Minors Act;special justices.

Adoption of the federal courts’ standard for theadmission of expert testimony; amending VirginiaCode Section 8.01-401.3(A). HB 807 (Del. Fralin,R-Roanoke): Testimony; admissibility of opinionby experts.

Boyd-Graves Conference proposals:

Amend Rule 1:20 regarding scheduling of trialafter service of process.

Removing the distinction between attorney-issuedand court-issued subpoenae; slightly differentlanguage in the solution approved at Boyd-Graves.SB 339 (Sen. Obenshain, R-Harrisonburg):Attorney-issued subpoenas; requires a sheriff toserve.

Redraft general provisions regarding sanctions forremoval to circuit court in Virginia Code Section16.1-92 and additional provisions in otherVirginia Code Sections. SB 340 (Sen. Obenshain,R-Harrisonburg): Circuit court; standardizesremoval of certain cases from district court tocircuit court.

Adjudication of attorney’s fee claims; amend Rule4:13(B).

Amend Rule 1:4 or Virginia Code Section 8.01-272 to state that in an action for money damages,the plaintiff should be required by statute to statein the ad damnum clause the amount for whichrecovery is sought.


Civil Litigation/Boyd-GravesConference

Amend Virginia Code Sections 8.01-399, 8.01-400 and 8.01-400.2 to clarify the language andbring those privilege statutes in line with the lawof every other state. SB 338 (Sen. Obenshain, R-Harrisonburg): Civil proceedings; privilegedcommunications with professionals.

Special justices in juvenile commitmentproceedings. SB 290 (Sen. Cuccinelli, R-Centreville): Psychiatric Inpatient Commitmentof Minors Act; special justices.

Amend Virginia Code Section 38.2-209 to clarifylanguage regarding the award of insured attorney’sfees in certain cases. HB 1275 (Del. Janis, R-GlenAllen): Insurance coverage; recovery of attorney'sfees in action on bond.

Amend Virginia Public Procurement Act, CodeSection 2.2-4337, to require payment bonds onprojects not currently deemed to require such bonds.HB 1259 (Del. Janis, R-Glen Allen): PublicProcurement Act; contractor’s responsibility forperformance and payment bonds.

HB 64 (Del. Purkey, R-Virginia Beach): PublicProcurement Act; bids or proposals fortransportation-related projects.

HJ 97 (Del. Landes, R-Weyers Cave): Medicaid;JLARC to study asset transfers being used to shelterassets to qualify for services. (Same as HB 2601/2005; bill changed to study resolution.)

HB 1486 (Del. Janis, R-Glen Allen): AdministrativeProcess Act; summary case decisions. (Conceptcarried over from 2005.)

Hospital authority legislation and FOIA issues.HB 852 (Del. O’Bannon, R-Henrico): Hospitalauthorities; standardizes powers and dutiesconcerning.

Department of Health Professions legislation;“scarlet letter” issue. HJ 71 (Del. O’Bannon, R-Henrico): Health regulatory boards; Departmentof Health Professions, et al to study hearing process.

HIPAA issues; revise Virginia Code Section Section54.1-2969 and add language to Section 32.1-127.1-1:03D8. HB 853 (Del. O’Bannon, R-Henrico): Health records; minor deemed to be anadult for purpose of access to and disclosure of hisrecords.

The 2006 VBA Legislative ReviewAREA OF PRACTICE BILLS AND RESOLUTIONS STATUS AND NOTES

VBA supported. Continued to 2007 in SenateCommittee for Courts of Justice.

VBA supported. Passed Senate; referred to HouseCommittee for Courts of Justice; reported andreferred to Appropriations; left in Appropriations.

VBA supported. Passed both houses. Signed byGovernor.


VBA opposed. Passed both houses. Governor'srecommendations rejected by House. Nogubernatorial action to date.

VBA neutral with amendments. Adopted by House;referred to Senate Committee on Rules; reportedand agreed to in Senate by voice vote.


VBA supported. Passed both houses with amendmentexcluding FOIA changes. Signed by Governor.

VBA supported. Continued to 2007 in HouseCommittee on Rules. Will pursue reconciliation withhealth professions. Study with DHP and the MedicalSociety.


Constructionand PublicContracts Law

Elder Law

Environment,Natural Resources& Energy Law

Health Law


Coordination of PC and PLLC statute, clarifyingthat PC directors and PLLC managers must belicensed professionals. HB 609 (Del. O’Bannon, R-Henrico): Corporations, professional; whenmembers of board of directors thereof required tobe licensed, etc.

Instead of separate tax court in Virginia, return tolanguage of rules in U.S. Tax Court for circuit courtsand amend the State Tax Code (Title 58.1). Addressquestions raised in tax appeal process. SB 333 (Sen.Obenshain, R-Harrisonburg): Circuit courts; rulesand procedures for tax cases.

Amend “Enoch Arden” statutes in Title 64.1,regarding presumption of death in the case ofmissing persons. HB 1115 (Del. Athey, R-FrontRoyal): Persons presumed dead; provides for theappointment of curator and eliminates surety bondrequirements.

Amend Virginia Code Section 26-40.01 dealingwith the “mini” legal list of fiduciaries to addressconflict between “legal list” and “prudent investorstatute” policies. HB 441 (Del. Kilgore, R-Gate City):Fiduciaries; clarifies presumption of prudence ininvesting and extends same to custodians andtrustees.

HB 40 (Del. Tata, R-Virginia Beach): Estate tax.Incorporates HB 516 and HB 519 (Del.Armstrong, D-Martinsville)

HB 796 (Del. Fralin, R-Roanoke): Uniform Transferto Minors Act; allows two people to be jointcustodian for single minor.

HB 855 (Del. Ebbin, D-Arlington): Guardianship;petition by parent of incapacitated person.

HB 906 (Del. Oder, R-Newport News): Pet trust;created.

HB 1303 (Del. Alexander, D-Norfolk): Small EstateAct; modifies collection of personal property byaffidavit provision.

SB 217 (Sen. Quayle, R-Chesapeake): Conservators,guardians and administrators; nonprofitorganization can be named that of an estate.

The 2006 VBA Legislative ReviewAREA OF PRACTICE BILLS AND RESOLUTIONS STATUS AND NOTES


VBA supported. Bill continued to 2007 in SenateCommittee for Courts of Justice. Chief JusticeHassell met with Taxation Section Immediate PastChair Craig Bell; the Supreme Court will nowconsider making changes to its rules as proposed inthe legislation.


VBA supported. Left in House Committee for Courtsof Justice.

VBA neutral. Passed House; referred to SenateCommittee on Finance; reported with substitute;conference committee appointed; no further action;failed.

VBA opposed. Passed both houses. Signed byGovernor.

VBA neutral with amendments by House. Passedboth houses. Signed by Governor.



VBA opposed. Passed both houses with substitute.Signed by Governor.

Health Law

Wills, Trustsand Estates

Taxation

For full information on these and other bills of interest, please visit the Legislative Information Systemat http://leg1.state.va.us. Bills dating back to the 1994 General Assembly are included in the database.


For much more information about the VBA Community ServiceProgram, including forms, FAQs and links to service

opportunities, visit us online at www.vba.org — click the“Community Service Program” button on the home page.

*All key Community Service Program forms are nowavailable online. Remember to sign up by June 30!

Homeless shelter volunteerYouth sports coachScout leaderPro bono publico legal service providerHistoric preservationistRotarianEmergency medical technicianLegal aid volunteerCommunity board memberChurch retreat facilitatorAlumni association advisorEnvironmental advocateBar association committeepersonHolocaust educatorKarate instructor for at-risk kidsTherapy dog trainerHost for foreign studentsJunior LeaguerYoung Lawyers Division project leaderTemple board memberVolunteer teacher’s aideSoup kitchen cookScholarship fundraiserCivic association officerVictim’s rights advocateArts administratorMock trial judgeRecreation association groundskeeperMeals on Wheels driverFraternity chapter advisorAnimal rescuerReading instructor“Lunch buddy” mentorLawyers Helping LawyersInterfaith group founderHospice worker5K race team coordinatorLions Club officerFoundation board memberFood drive organizerHabitat for Humanity workerCoast Guard Auxiliary memberPro Bono Hotline volunteerNeighborhood gardener

Community servants.Pro bono servants. Virginia lawyers.

Have you made thecommitment to serve?The VBA Community Service Program invites you to join more than1,500 lawyers, judges, law faculty and administrators, and lawstudents who have pledged service hours in the Program duringthe past year — approximately 80,000 hours of pro bono publicolegal service and nonlegal community service, given in a multitudeof ways throughout the Commonwealth of Virginia.

“Community and pro bono legal service are vital components ofmy legal practice, bringing meaning and purpose to all that Ihave learned.” — Gina M. Burgin, Richmond

Remember, the VBA Community Service Program doesn’t cost anything(no dues, no fees); you don’t have to be a VBA member; and it’s not amandatory program with extensive records to keep.

“My pro bono work and my work with Friends of Santa cametogether recently in a way that affirmed my commitment toboth... It was a very uplifting experience!” — Patricia E. Smith,Abingdon

All you have to do is visit the Community Service Program page on theVBA website at www.vba.org, complete the online commitment form*for “VBA Pro Bono Servant” or “VBA Community Servant,” then submitit to the VBA office.

“I enjoyed leading the Law Day program for the Alexandria BarAssociation, and I appreciate the challenge of my currentcontested custody case as pro bono counsel for LSNV. My mostconsistent and rewarding work is as a Sunday school teacher atmy local church.” — Elizabeth M. Ross, Alexandria

You’ll commit yourself to perform 50 hours of pro bono publico legalservice or nonlegal community service this year. (Many attorneys domuch more than 50 hours of service every year.) Later, you’ll receivea notice to report your service to the VBA (again, you can do thisonline), and the Association will publicly recognize those lawyers whohave completed and reported their service.

“The ‘returns’ in terms of feelings of accomplishment,satisfaction, and pride are immeasurable.” — Lisa Taylor Hudson,Richmond

Questions? Just call the VBA office (at (804) 644-0041) if you don’tfind all the details you need on the website. Make your commitmenttoday!


LEGAL FOCUS/LIFESTYLE BALANCE

Life Lessons for Lawyers — Part Iby Stephen E. Story

The law can be a jealous mistress, taking as muchof our time as we will afford it. However, as I growolder, I realize the principal challenge of being a goodlawyer is maintaining your humanity and balance forthings other than the law. Accordingly, I offer thefollowing Life Lessons for Lawyers – Part I:

Spend time with your families.Do not allow the law to squeeze out the time you

spend with your family, your spouse and your preciousyoung ones. Those days will be gone before you knowit.

Go to lunch.Lunch, on a daily basis, offers you the opportunity to

socialize with those within, and outside, your law firm.Take advantage of this opportunity to take time awayfrom the practice of law and to develop genuineempathy and relationships with friends, colleagues andclients.

Take your vacation.Every year, thousands of lawyers fail to take their

allotted vacation, because they believe they are tooimportant or indispensable – almost universally, awrong assumption that will lead to burnout andfrustration. We lawyers in the United States alreadytake far less vacation than our European colleagues.Take your vacation, don’t check your e-mail andvoicemail fanatically, and enjoy yourself. You willreturn better rested, and more focused, and will extendyour career, and, quite possibly, your life.

Watch the cruise ships.My office is on the 19th floor of the Norfolk Harbor,

a bustling industrial seaport and now major cruisedeparture point. In my first year of practice, I wasmesmerized watching ships and sailboats and the sunglistening on the river. However, over the last 21years of practice, my awareness of the view has faded,so even the passage of aircraft carriers and hugecruise ships often goes unnoticed. How sad. There is aworld outside your office and outside your window.Whatever they may be, watch the cruise ships outsideyour window.

Coach your kids.There are few things that have been more rewarding

to me in my life than coaching my kids throughsoccer, basketball, T-ball and baseball. In fact, the

greatest fun came at the younger ages, when it washardest to get away. Make it a point to get away,anyway.

Treat everyone with dignity and respect.The sooner you realize every individual that you

work with is entitled to equal dignity and respect, themore humanity you will imbue in yourself, your officeand your practice. Treat everyone you work with withdignity and respect.

Don’t postpone your life or your dreams.All too frequently, a dream delayed or deferred will

be a dream that ends up dying. Big law firms, inparticular, can be where dreams go to die. Becausethe work, and the clients, and the demands for billablehours, will all be there tomorrow, next week and nextyear, save some time for yourself, to live life heartilyand follow your dreams.

Don’t forget there are things more importantthan billable hours and money.

For most of us, the practice of law is usually only ameans to an end; don’t lose sight of the end. Very fewof us went to law school solely, or even primarily, tomake money. Some goal larger than ourselves,something altruistic, made us yearn to promote justiceas a means of serving others. Whether it’s your family,a cause or other interests, never lose sight of the factthat there is far more to your life than billable hoursand money. Keep those goals that have primacy infront of you so you never lose your balance andperspective.

Give something back – volunteer.The law has been very good to virtually all of us, as

a profession. It provides a stable income, prestige andan entryway to a host of opportunities in civic,political and other domains. Volunteer your time togive something back to the community, just becauseit’s the right thing to do, without regard to whether itultimately nets you any clients (not that that’s a badside benefit, if it occurs).

Get to know the people you work with.The people around you are a richly varied and

diverse community. Not just the lawyers, but theparalegals, legal assistants, runners and cleaningpeople all have lives, families, successes and failuresthat make them unique contributors to your personal


ABO

UT T

HE

AU

THO

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journey. You ignore the peoplearound you at your own peril. Sinceyou will spend at least one-third,and quite possibly more, of yourlife around this community, get toknow it; participate in it. You mayjust find belonging in thecommunity of your fellow workersis one of the most meaningfulthings that happen to you in thecourse of your career.

Go to happy hour.If your firm doesn’t have one, start

one. One of the best ways to promote

community amongst a firm’s lawyersis a regular time to get together justfor fellowship and community, toenjoy the company of your peers,unburdened by workaday concerns.Happy hour is one easy way to dothis. I started a happy hour at myfirm where once a month, all thelitigation attorneys assemble oneFriday after work with periodic visitsby members of the firm’s othersections as invited guests. (You willbe surprised at the camaraderie thatarises, the stories that get told andthe stuffy partners who let their hairdown at happy hour.) There are manyother ways to accomplish the samething; one firm I know has all of itsattorneys go to lunch, on a weeklybasis, to maintain that camaraderie.Regardless of what it is, find a way togather in a group on a non-workbasis.

Do one thing, every day,that’s new or different.

Notwithstanding the incrediblediversity of our profession and thelaws with which we deal, it stillremains possible to get in a deep rutof repetitive activity. None of usenjoy doing the same things over andover again and it can contribute tocareer dissatisfaction and ultimatelyburnout. One possible remedy is tofind just one new thing, everyday, todo. It doesn’t really matter what it is– visiting a lawyer or client younever visit, getting out of the officeand walking through a new artgallery, going to a new restaurant forlunch – find one way to vary yourroutine, daily, and in one year youwill have tried roughly 260 newthings and contributed to a sense ofnewness and continued learning inyour life. VBA

© Stephen E. Story, 2005

Stephen E. Story is a VBA member and a partner at Kaufman & Canoles PCin Norfolk, where he chairs the Franchising Group and practices in the areasof franchising, antitrust and trade regulation, litigation, commercial andbusiness law, intellectual property and technology, and hospitality. He receivedhis undergraduate and law (with honors) degrees from the University ofTexas. Among other achievements, he is a past chair of the VSB Antitrust,Franchise and Trade Regulation Section, a faculty member of the VSB Courseon Professionalism, a member of Virginia Business’ “Legal Elite,” serves onthe Library of Virginia Board and chairs the Norfolk Public Library Foundation.


YOUNG LAWYERS DIVISION

On April 28, 2006, youngattorneys from across theCommonwealth trekked to Duck,North Carolina, to participate in a15-year tradition: the VBA YoungLawyers Division’sannual retreat to TheSanderling resort.The Sanderlingretreat presents aunique opportunityfor approximately 50of our best andbrightest youngattorneys to sitaround a table andengage in activediscussion as to howwe can, through ourcollective efforts, meet the as-yetunanswered requests of those inneed within our communities andimprove the administration of lawto all Virginians.

In past years, active discussionhas led to big results:

• In 1993, Pro Bono Hotline

centers were developed around thestate where lawyers regularlyprovide free legal advice to lowincome Virginians who could nototherwise afford legal counsel;

• In 1998,Domestic ViolencePrograms providedbattered women withlegal assistance inobtaining emergencyprotective orders at nocost;

• In 1999, theChild SupportEnforcement Projectbegan providing aframework wherebyattorneys offer free

representation to indigent parentsseeking to collect needed childsupport from deadbeat parents;

• In 2002, a video was producedto educate individuals charged withmandatory reporting obligations(such as teachers and nurses) toeffectively recognize and report

abuse and neglect of children, and• In 2005 the video project was

expanded to address abuse, neglectand exploitation of the elderly andthose with mental disabilities.

Today, the Young LawyersDivision is actively engaged in 29public service projects and 19projects providing services to thebar.

Not only does the Sanderlingserve as an incubator for creativeideas but also as a retreat to thosewith limited hours in which toaccomplish such important goals.The balancing act of managingbusy practices, nurturing youngfamilies and serving barcommitments is common to eachExecutive Council member.Despite these pressures, YLDmembers always leave the retreatwith a sense of renewedcommitment to the principle thatour law degrees should be used notonly to earn a living but also tobetter the society that we live in.

The good news is that it isproven, year after year, that givingback to your community does notrequire sacrificing your career. Ifyou look at the boards of local barcouncil and civic organizations andthe leadership of the VBA, you willsee indisputable evidence that thetwo objectives (being successful atpractice and giving to others) arenot mutually exclusive.Individuals who excel at servingtheir communities through publicand bar service are often the sameindividuals who excel in theirpractice.

Fifteen years ago, William R.Van Buren III served as Chair ofthe YLD and led the ExecutiveCouncil’s first retreat to Duck,

The YLD: A 50-Year Commitmentby Lori D. Thompson, Chair, VBA Young Lawyers Division

For 15 years, the Sanderling meeting has been a memorable spring event for VBAYoung Lawyers Division leaders and their families. This group gathered on the OuterBanks in 1996. Many VBA/YLD Executive Council members have built enduringfriendships through the camaraderie of work on Division projects, and family-friendlyevents like the Sanderling have extended the bonds to include spouses and children.

VBA/YLD THEN AND NOW 1991/2006


North Carolina. When he servedas chair, Bill had a young familyand a busy law practice in Norfolk.

In writing for the VBA Journal’s 40th

Anniversary edition in the winter of1997, Bill wrote of his year of

THEN: At the 1991 Annual Meeting at the Williamsburg Lodge, Young Lawyers SectionChair Steve Busch passed the gavel to new Chair Bill Van Buren. NOW: At the 2006 AnnualMeeting at Kingsmill Resort & Spa, Judge Rodham Delk, chair of the VBA Judicial Section,administered the oath of office to incoming VBA President Bill Van Buren. During the samemeeting, Steve Busch was elected to the VBA Board of Governors.

service as chair that “I cannotthink of a year that I have betterspent.” This year, the 1991 chairof the YLD became the 2006president of The Virginia BarAssociation.

Over the years, Bill’scommitment to public service hasnot faded. He has served innumerous bar leadership positionsand on the boards of civic andbusiness organizations includingthe Chrysler Museum, EasternVirginia Medical School, NorfolkAcademy, Daily Press and NewportNews Cablevision, Future ofHampton Roads, and the NorfolkForum.

Through these various leadershippositions, Bill has proven thatdeveloping a highly-respectedpractice is not stymied, butenhanced, by public service. VBA

Advance Medical Directives Day helpsVirginians make end-of-life care decisions

Gov. Tim Kaine proclaims April 18 as Advance Medical Directives Day in Virginia. L-R:Susan Hogg, Virginia Association of Hospices; Matthew R.O. Brown, Frank O. Brown Jr.,PC; Frank O. Brown Jr., V SB Senior Lawyers Conference; Julie Christopher, commissioner,Department for the Aging; Dana Steger, Virginia Association of Nonprofit Homes for theAging; Gov. Kaine; Nathan Kottkamp, chair, Committee to Establish Virginia AdvanceDirectives Day; William Peterson, deputy commissioner, Department for the Aging;Rose Moore, physician practice advocate for the Medical Society of Virginia.

On April 18, the health care andlegal communities of Virginialaunched an unprecedentedinitiative — Advance MedicalDirectives Day in Virginia — toraise public awareness of the needto plan ahead for health care

decisions related to end-of-life-care and medical decision-makingwhen patients are unable to speakfor themselves.

Hospitals, nursing homes,assisted living facilities, hospices,continuing care retirement

communities, and physiciansthroughout Virginia provided thepublic with educational materialsand free forms to encourageVirginians to communicate theirhealth care decisions in writing.More than 150 facilities in everycorner of Virginia committed toparticipate in the event.Approximately 1,000 peoplereceived advance medicaldirective information in person,with many more downloading formsfrom the planning committee’swebsite.

The event was organized by theVirginia State Bar Health LawSection in conjunction with TheVirginia Bar Association HealthLaw Section, Virginia Hospital &Healthcare Association, VirginiaHealth Care Association, VirginiaAssociation of Nonprofit Homes forthe Aging, Virginia Association forHospices, the VSB Senior LawyersConference, Medical Society ofVirginia, and the RichmondAcademy of Medicine.

A second Virginia AdvanceMedical Directives Day will beheld on April 17, 2007. VBA


ACROSS THE COMMONWEALTH

(From www.williamsmullen.com) – All living former Virginia Attorneys General,with the exception of two who were constrained by judicial or other office,submitted a letter to Virginia budget conferees on April 13 encouraging theGeneral Assembly to strengthen the state’s judicial system by reforming theindigent defense program.

In a significant display of bipartisanship, the Attorneys General called uponthe General Assembly to adequately fund and reform the cap structure forcourt-appointed representations. The budget conferees are considering twoseparate proposals by the House and Senate that address certain criticaldeficiencies in Virginia’s indigent defense system. The 11 former AttorneysGeneral wrote to encourage the General Assembly to take action before theclose of the budget session.

The letter read, in part, “We write to encourage the General Assembly tosupport efforts to strengthen Virginia’s indigent defense system…. Despitecommitments to improve indigent defense through creation of the VirginiaIndigent Defense Commission and other efforts, Virginia’s mandatory feecaps do not provide a fair opportunity to many indigent defendants to presenttheir case to the trier of fact. The security of all our citizens depends on a fairand error-free legal defense system…. As we approach Virginia’s 400thAnniversary celebration and the 2008 Presidential election, we encouragethe General Assembly to set an example for the nation in its commitment toproviding adequate and quality indigent defense.”

The former Attorneys General who signed the letter are Jerry W. Kilgore,William G. Broaddus, Richard Cullen, J. Marshall Coleman, Mark L. Earley,Mary Sue Terry, James S. Gilmore III, Gerald L. Baliles, Stephen D. Rosenthal,Anthony F. Troy, and Andrew P. Miller.

Eleven former AGs call on confereesto fund, reform indigent defense in Va.

VBA invites Senate candidates to debate at Homestead

Allen Webb Miller

Virginia’s prospectivecandidates for the UnitedStates Senate —incumbent RepublicanSenator George Allenand Democraticcontenders James Webband Harris Miller, whowill face off in a June 13primary to decide the party’snomination — have accepted TheVirginia Bar Association’s invitationto debate at this year’s SummerMeeting, continuing a time-honoredtradition of holding one of the earlydebates of statewide politicalcampaigns at VBA SummerMeetings.

The debate is scheduled to be heldon Saturday, July 22, from 10:30

a.m. to noon, at The Homestead, andwill be followed by a reception forthe candidates.

Professor Robert D. Holsworth,director of the L. Douglas WilderSchool of Government and PublicAffairs at Virginia CommonwealthUniversity, has accepted the VBA’sinvitation to serve as moderator. Hemoderated the Allen-Robb senatorialdebate in 2000 as well as the

Warner-Earley and Kaine-Kilgore gubernatorialdebates in 2001 and 2005,respectively.

The debate format willbe finalized after the partynominees are selected inJune. More informationabout the debate and the

Summer Meeting will be posted onthe VBA website at www.vba.org.

In addition to the usual cornucopiaof CLE sessions, the Law PracticeManagement Division will present itsannual general session with twohours of litigation ethics led by TomSpahn.

Following Saturday’s debate andthe candidates’ reception, thepreliminary recommendations of theCommission on Virginia Courts in the21st Century, better known as the“Futures Commission,” will bepresented by Commission ChairAnne Marie Whittemore.

The traditional black-tie banqueton Friday evening will feature afestive dinner dance featuring liveentertainment by KOS (formerlyknown as the Kings of Swing).

An art show will be held adjacentto the VBA registration desk, and aFriday program will be offered forspouses and guests on identifying andevaluating fine art.

Meeting information has beenmailed to all VBA members andonline meeting registration isavailable at www.vba.org.

Room reservations should bemade by mail, to GroupReservations, The Homestead, P.O.Box 2000, Hot Springs, VA 24445;or by fax to (540) 839-7922. Aprintable room reservation form isavailable at www.vba.org.Reservations and appointments aresuggested for all evening dining, spaservices and recreational activities;call 1-800-838-1766, extension 3.


Get readyfor a B1G

birthday party:the VBA

Young LawyersDivisionturns 50next year!

If you have photos, memorabiliaand memories of YLD projects andactivities to share — particularlyfrom earlier years — please contactthe VBA office. We plan to have anexhibit at the 2007 Annual Meetingand will salute the YLD in theDecember/January VBA NewsJournal. Committee members areplanning an exciting anniversarycelebration for the 2007 AnnualMeeting that you won’t want tomiss! Watch for more details tocome...

And get ready for thePARTY!!!

1957 . . .

1967 . . .1977. . .

19871987198719871987 . . .1997 . . .2007!!!

VBA programs now available from Virginia CLE

NEWS IN BRIEFVBA/YLD Chair Lori D. Thompson of

Roanoke, a partner in the law firm of LeClairRyan Flippin Densmore, has been namedthe Roanoke Bar Association’s YoungLawyer of the Year.

VBA Life Member T.L. Plunkett Jr. ofRoanoke, a partner in the law firm of Plunkett& Oehlschlager PLC, has become the firstrecipient of the Roanoke Bar Association’slifetime achievement award, named in honorof the late Frank W. “Bo” Rogers, who was alongtime VBA member and the father ofBoard of Governors member Newnie Rogers.

On May 2, members of the VBACommittee on Special Issues of Nationaland State Importance held a joint meeting inWashington, D.C., in the West ConferenceRoom of the Supreme Court of the UnitedStates, with members of the American BarAssociation Standing Committee on FederalJudicial Improvements to discuss matters ofmutual interest. Both committees are chairedby former VBA president David Craig Landin.Among the issues discussed was the statusof legislative initiatives to permit or require

cameras in the courtroom. Much of thatdiscussion focused on interest from variousquarters in televising Supreme Courtarguments.

The VBA Award for Journalism in theField of Law and Justice was recentlypresented to four journalists at two Virginianewspapers. Laurence Hammack of TheRoanoke Times received the award in theGroup II category of newspapers with acirculation of 40,000 or more, for his in-depth reports on such topics as the civilcommitment of sex offenders, the right tohunt, DNA testing, and election issues.Michael Owens, Todd Foster and AliciaPetska of The News Virginian in Waynesbororeceived the award in the Group I categoryof newspapers with a circulation of 40,000or less, for their coverage of the controversywhich arose from a traffic stop of speedingNew Jersey police on I-81. Reportersreceiving honorable mention were FrankGreen of the Richmond Times-Dispatch andTim McGlone and Michelle Washington,both of The Virginian-Pilot.

Four programs initially presented at the 116th VBA Annual Meeting held atthe Kingsmill Resort & Spa in Williamsburg in January — Dialogue onConstitutional Issues Involving the Judiciary: Judicial Independence and thePreservation of Rights, Intellectual Property: Harvesting and Auditing, TheJudicial Role in Dispute Resolution: Views from the Bench, and Corporate LawIssues for the Business Lawyer — are now available on CD-ROM from VirginiaCLE. The programs can be purchased individually or as a series.

The normal individual purchase price before tax is $85.71, and the four-program series is available at a discounted price of $288, including 5%Virginia sales tax—representing a saving of $72.

VBA members, however, receive a 50% discount, both for the purchase ofindividual programs ($42.86 each, plus tax) as well as for the purchase of thefour-program series ($144, including 5% Virginia sales tax).

Order online at www.vacle.org!

Student loan consolidation offered by SunTrustThe VBA has partnered with SunTrust Bank to bring members and their

families a special federal student loan consolidation program that can eliminateinterest rate uncertainty. Consolidation allows you to extend the repaymentperiod on your loan, which may lower your current monthly payment by up to58%. While extending the term of your loan will increase the total amount ofinterest you pay over the life of the loan, you can prepay at any time with nopenalties, which can reduce the total cost of the loan. In addition to locking ina low fixed rate now, before interest rates are reset, SunTrust offers some ofthe most competitive borrower benefits.

To learn more about this special VBA program, call 1-888-403-5027.Consolidation loan specialists are available to discuss options available tomembers and their families. More information is available online atSunTrustEducation.com/legal.


The VBA News Journal offers classifiedadvertising. Categories available are asfollows: positions available, positionswanted, books and software, officeequipment/furnishings, office space,experts, consulting services, businessservices, vacation rentals, andeducational opportunities.

Rates are $1 per word for VBA membersand $1.50 per word for non-members,with a $35 minimum, payable at the timeof submission. Ad costs must be paid inadvance. The VBA News Journal reservesthe right to review all copy beforepublication and to reject material deemedunsuitable.

Professional announcements may beprinted; the cost per announcement is$15 and text may be edited for style andspace limitations. Deadlines are onemonth in advance of the date ofpublication. Information is available onlineat www.vba.org, or call for details at (804)644-0041.

Nominations invited for DeMallie AwardThe Gardener G. DeMallie Jr. Continuing Legal Education Award was created bythe Virginia Continuing Legal Education Committee to honor the late AssistantDirector of Virginia CLE and to recognize on a regular basis someone who hascontributed outstanding service to continuing legal education in Virginia.Nominations are invited for the ninth Gardener G. DeMallie Jr. Continuing LegalEducation Award. It will be presented next at the 116th Summer Meeting of TheVirginia Bar Association at The Homestead on July 21, 2006.

CRITERIAThe award will recognize an individual who meets the following criteria:• Demonstrates a strong commitment and dedication to the highest ideals of

professionalism in the practice of law, the administration of justice, and thecompetence of the legal profession in Virginia.

• Represents dedication to excellence and collegiality in the profession andconducts herself or himself with unquestionable integrity.

• Exhibits a deep commitment to legal learning through post-admission legaleducation and to a love of the law.

• Has made an outstanding contribution to continuing legal education in Virginiain the form of publications, lectures, or the creation or administration ofprograms. Recent specific contributions, contributions over a period of time,or career achievements will be considered.

Current members of the Virginia CLE Committee and the staff of Virginia CLE areineligible for consideration.

NOMINATION PROCESSNominations should be submitted on the form below, with an attachmentdescribing specifically the manner in which the nominee meets the criteriaestablished for the award. Nominations should be addressed to Peter J. Kenny,Virginia CLE, Gardener G. DeMallie Award, P.O. Box 4468, Charlottesville, VA22905, sent by facsimile to (434) 984-0311, or e-mailed to [email protected] to June 15, 2006, and should include the name and phone number of thenominator and the full name, address, and phone number of the nominee.

NOMINATION FORM

Name of Nominee _________________________________________________

Profession _______________________________________________________

Employer/Firm/Affiliation ___________________________________________

Address of Nominee _______________________________________________

City _______________________________ State _________ Zip ___________

Telephone ______________________________________________________

Name of person making nomination ___________________________________

Telephone ______________________________________________________

Signature _______________________________________________________

(Please attach an additional sheet describing how the nominee meets theGardener G. DeMallie, Jr., Award criteria.)

Address nomination to Peter J. Kenny, Virginia CLE, Gardener G. DeMallie Award, P.O.Box 4468, Charlottesville, VA 22905, or send by facsimile to (434) 984-0311, or e-mailto [email protected] prior to June 15, 2006.

With more e-services,VBA needs membere-mail addresses

With more and more e-communications coming from the VBAoffice, including the new e-newsletterJust a Minute! and meeting promotions,it is more important than ever to haveyour current e-mail address on recordwith the Association.

VBA members can now join theAssociation, renew membership, joinadditional sections, contribute to TheVirginia Bar Association Foundationand sign up and/or certify hours forthe Community Service Programonline.

For the first time, this year’slegislative summaries were madeavailable online, as well as in thetraditional paper format, to membersof VBA substantive law sections.

If your e-mail address has changedor should be added to your membershiprecord, contact VBA MembershipCoordinator Regina Potis at (804) 644-0041 or [email protected].

For those who still haven’t goneelectronic, free e-mail accounts areavailable from a variety of sources andare easy to set up and use. Don’t missout on the new online features the VBAis using to keep our membershipinformed!

VBA membership has great rewards!Members of The Virginia Bar Association can purchase reliable

and affordable insurance and financial services that not only providebenefits for themselves,their families andemployees, but alsooffer a source of non-dues revenue to theAssociation. VirginiaBarristers Alliance, Inc., which offers products and services ofMassMutual Financial Group, is administered by Dean Hardy andHoward DiSavino Jr. of Richmond. The program offers VBA membersa great variety of personal and business insurance and financialservices. Through MassMutual, Dean and Howard offer life, disabilityincome and long-term care insurance plans in addition to employeebenefit programs and business-oriented services. Healthinsurance,* college tuition funding plans, retirement planning,estate analysis and other investment** services are among theother available features. Professional liability insurance has recentlybeen added to the list of offerings. The MassMutual long-term careproduct is available at a 10 to 15 percent discount, depending onage, to VBA members. The disability income insurance policies arealso available to VBA members at discounts starting at 10 percent.Visit www.virginiabarristersalliance.com to learn more about thewide range of insurance coverage options for VBA members andother Virginia legal professionals, or call 1-800-358-7987 or (804)270-5128.

DHL Express offers so many waysto ship...so many ways to save for TheVirginia Bar Association! Now is thebest time to save up to 25% on all ofyour express shipping, with DHL Next

Day (10:30 a.m., 12 p.m., 3 p.m.), DHL 2nd Day, DHL Ground andInternational Express Services. Through the VBA's partnership withDHL Express, members can save up to 25% on air express andground shipping. More importantly, members can rely on DHL'scommitment to guaranteed on-time delivery and customer service24 hours a day, 7 days a week. To enroll and start saving, call 1-800-MEMBERS today to speak with a dedicated Member ServiceRepresentative, or visit www.1800members.com/vba. All servicesmay not be available in all areas and are subject to DHL Terms andConditions as published at www.dhl-usa.com.

Display your VBA membership certificate in an elegant Italianhardwood frame featuring a trueconservation quality mat with the Scales ofJustice embossed in gold. Each framecomes ready to hang and includes the "LevelBest" simple, adjustable hanging system.Framing Success is the exclusive supplierof certificate frames to the VBA and offersframes that will fit your certificate perfectly— there is no need to send in your treasureddocument for framing and installing — ittakes just a few minutes. Frames are shippedwithin 2-4 weeks of your order. Framing Success is a member of theProfessional Picture Framers Association and the invitation-onlyFine Arts Trade Guild. Visit www.framingsuccess.com to view and/or order your frame, or call toll-free at 1-800-677-3726.

Every VBA Section member in good standingreceives a summary of legislation pertaining to thatSection at the close of the General Assembly Sessionin the spring of each year. This valuable service islauded annually by Virginia attorneys!

Receive 20 percent off atFTD.COM! Celebrate birthdays,anniversaries and more withFTD.COM. FTD.COM is thepremiere name brand in flowersand specialty gifts, We utilize only the finest FTD florists to deliveryour floral arrangements. And we offer same-day delivery and a100% satisfaction guarantee! So come and browse our selection ofover 1000 floral and gift items. Shop at http://ftd.com/corporatediscount20 with Internet promo code CRP225 (neededto complete online orders) or call 1-800-SEND-FTD and give promocode 7852 & CRP225 (both codes needed for phone orders)

EXCLUSIVE benefits for members of The Virginia Bar Association!LexisNexis offers flexible research and big savings on the LexisNexis

at lexis.com® service forattorneys in small law firms, newadmittees and solo practitioners!Search Advisor, Shepard's®, casesummaries, core concepts andexclusive content make your

research easier. From the new attorney just starting a practice tothe seasoned litigator who delves into a new area of law, LexisNexisprovides unique offerings that are affordably priced and easy tocustomize as business needs change over time. Call 1-866-836-8116 to take advantage of your exclusive Member Benefit.

The VBA and MBNA Americaare pleased to introduce acompletely new concept in creditcards: The Virginia BarAssociation Rewards AmericanExpress Card from MBNA. The new card places a new world ofrewards, privileges and service at your command — with no annualfee. The face of each card displays the VBA logo, which instantlyidentifies you as an attorney and a VBA member. Apply by phone, 1-800-447-5555, code C009.

When communication reallymatters ... count on PremiereGlobal Services as the VBA’spreferred global vendor ofaudio and web conferencingservices. Premiere is anapplication/solution based

company that delivers communication technologies that simplifybusiness processes. Founded in 1984, Premiere has over $500Min annual revenue, over 48000 customers and is located in 20countries. The solutions are billed per minute/per connection withno set-up fees -- you pay only for what you use! To take advantage ofthe specially negotiated VBA rates for audio and web conferencing,please contact our dedicated Premiere representative: VinceKrevinas, (703) 903-9004 ext. 122, or toll-free at 1-800-778-1780ext. 122.

The VBA Law PracticeManagement Division has anagreement with the AmericanBar Association to sell ABAbooks to all members of The Virginia Bar Association — at a 20%discount. Visit the VBA website, click on a link to the Book Program(www.vba.org/books.htm), peruse a list of books with pricinginformation, and print out an order form to send to the VBA officewith your payment. (ALL books published by the ABA are availablewith the 20% discount. You must, however, place your order throughthe VBA in order to get the discount.)

Receive substantial discounts onVirginia’s Historic Courthouses, by JohnO. and Margaret T. Peters, whenpurchasing the book through the VBA. Call1-800-644-0987 for rate information andto place your order.

*Not offered through MassMutual. ** Securities offered through MML Investors Services,Inc., 4510 Cox Road, Suite 200, Glen Allen, VA 23060, (804) 346-1011. Massachusetts MutualLife Insurance Company (MassMutual) and other companies. Springfield, MA 01111-0001.

July 20-23, 2006116th VBA Summer MeetingThe Homestead

September 22-24, 2006VBA/YLD Executive Committee and Council MeetingThe Boar's Head Inn, Charlottesville

October 5-7, 2006VBA Labor Relations & Employment Law ConferenceHotel Roanoke

October 13-14, 2006Boyd-Graves ConferenceHilton Oceanfront, Virginia Beach

October 20, 2006VBA Virginia Tax Practitioners’ RoundtableFarmington, Charlottesville

October 27-29, 2006VBA Board of Governors MeetingHampton Inn Col Alto, Lexington

VBA• •

The Virginia Bar Association701 East Franklin Street, Suite 1120Richmond, Virginia 23219(804) 644-0041

CALENDAR OF EVENTS

For more details on specific events, visit our website at www.vba.org or call the VBA office at (804) 644-0041. A completecalendar of events with links to additional information is posted on the website.

November 8, 2006VBA Administrative Law ConferenceOmni Richmond

November 14, 2006VBA Legislative DayOmni Richmond

November 15, 2006VBA Pro Bono Hotline RoundtableRenaissance Portsmouth

November 17-18, 2006Region IV National Moot Court CompetitionOmni Richmond

December 7-8, 2006VBA Capital Defense WorkshopRichmond Marriott

January 18-21, 2007VBA Annual MeetingWilliamsburg

July 19-22, 2007VBA Summer MeetingThe Homestead, Hot Springs

journal news - cdn.ymaws.com · to the virginia bar association, 701 east franklin street, suite...

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