Virginia LawyerVirginia LawyerVO L . 6 1 / N O. 3 • O C TO B E R 2 0 1 2VO L . 6 1 / N O. 3 • O C TO B E R 2 0 1 2

The Official Publication of the Virginia State BarThe Official Publication of the Virginia State Bar

Twentieth Anniversary Conclave on the Education of Lawyers in VirginiaTwentieth Anniversary Conclave on the Education of Lawyers in Virginia

www.vsb.orgwww.vsb.org

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Cover: The Twentieth Anniversary Conclave included the presentation of the inaugural William R. Rakes Leadership in Education Award established by theSection on the Education of Lawyers. Presenting the award to Mr. Rakes were Education Section Chair Professor A. Benjamin Spencer (center), of Washingtonand Lee University; W. Taylor Reveley III, Conclave 2012 chair and president of the College of William and Mary (right); and G. Michael Pace Jr., managing part-ner of Gentry Locke Rakes and Moore LLP, which underwrote the reception and the award that Mr. Rakes is holding.

October 2012Volume 61/ Number 3

Features

The Official Publication of the Virginia State Bar

CONCLAVE ON THE EDUCATION OF LAWYERS

17 Section on the Education of Lawyers RemainsCommitted to Improving Legal Trainingby A. Benjamin Spencer

18 Twenty Years of Change, But Many Issues Remainby William R. Rakes

21 Special Presentations During Conclave 2012

22 How Are Law Schools Addressing Major Changes in the Practice of Law and inAccrediting Standards for Legal Education?by Margaret Ivey Bacigal

26 How Should We Measure Preparedness forAdmission to the Bar?by Jeanne F. Franklin

30 How Do We Most Effectively Seek to EducateLawyers Throughout Their Careers?by John Foote

34 Do Judges Have a Meaningful Role in LegalEducation?by the Honorable Walter S. Felton Jr.

41 A Few Suggestions for Steps Forward: Writing, Training, Mentoring, and Moneyby W. Taylor Reveley III

43 2012 Conclave Planning Committee

NoteworthyVSB NEWS48 Notice to Members: MCLE

Compliance Deadline Is Oct. 3148 Anastasia K. Jones and Prescott

L. Prince Join VSB

PEOPLE49 Local and Specialty Bar

Elections50 In Memoriam

ET AL.52 Justice Kagan Educates UR

Law Students on the Ways ofthe Court

53 Nascent Georgian BarAssociation Using VSB asExample as it EstablishesEthics Office

Virginia Lawyer

Departments

9 Letter to the Editor

14 President-elect Candidates Forum

60 CLE Calendar

67 Professional Notices

69 Classified Ads

Columns

10 President’s Message

12 Executive Director’s Message

54 Law Libraries

56 Consultus Electronica

58 Risk Management

44 Access, Advocacy, and “The Avengers”46 VSB Member Receives Thurgood Marshall Award

at ABA Annual Meeting

47 Legal Aid Returns Millions of Dollars to Virginia’sEconomy

Access to Legal Services

L-379331/9-12 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.

VIRGINIA LAWYER | October 2012 | Vol. 614 www.vsb.org

Virginia State Bar Staff DirectoryFrequently requested bar contact

information is available online at

www.vsb.org/site/about/bar-staff.

http://www.vsb.org

Editor:Rodney A.Coggin (coggin@vsb.org)

Assistant Editor:Gordon Hickey (hickey@vsb.org)

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2012–13 OFFICERSW. David Harless, Richmond, PresidentSharon D. Nelson, Fairfax, President-electGeorge Warren Shanks, Luray, Immediate Past PresidentKaren A. Gould, Executive Director and Chief Operating Officer

EXECUTIVE COMMITTEEW. David Harless, Richmond, President-electSharon D. Nelson, Fairfax, President-electGeorge Warren Shanks, Luray, Immediate Past PresidentBrian L. Buniva, RichmondDoris H. Causey, RichmondDonna Sue Baker Cox, WiseTracy A. Giles, RoanokeRay W. King, NorfolkKevin E. Martingayle, Virginia BeachBrian R. Charville, Arlington, YLC PresidentPlato George Eliades, Hopewell, CLBA ChairF. Warren Haynie, Lottsburg, SLC Chair

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5th CircuitWilliam H. Riddick, III, Smithfield

6th CircuitPeter D. Eliades, Hopewell

7th CircuitLeonard C. Heath, Jr., Newport News

8th CircuitLesa J. Yeatts, Hampton

9th CircuitJohn Tarley, Jr., Williamsburg

10th CircuitRobert E. Hawthorne, Kenbridge

11th CircuitRay P. Lupold, III, Petersburg

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13th CircuitPaula S. Beran, RichmondBrian L. Buniva, RichmondDoris Henderson Causey, RichmondGuy C. Crowgey, RichmondGeorge W. Marget, III, RichmondEric M. Page, RichmondO. Randolph Rollins, Richmond

14th CircuitThomas A. Edmonds, RichmondDaniel L. Rosenthal, RichmondWilliam J. Viverette, Richmond

15th CircuitGrayson S. Johnson, Rockville

16th CircuitBruce T. Clark, CulpeperRonald R. Tweel, Charlottesville

17th CircuitRaymond B. Benzinger, ArlingtonMark D. Cummings, ArlingtonAdam D. Elfenbein, ArlingtonGregory T. Hunter, ArlingtonDavid A. Oblon, Arlington

18th CircuitAlan S. Anderson, AlexandriaFoster S. B. Friedman, AlexandriaCarolyn M. Grimes, Alexandria

19th CircuitSusan M. Butler, FairfaxPeter D. Greenspun, FairfaxPaul W. Hammack, Jr., FairfaxJoyce M. Henry-Schargorodski, FairfaxSean P. Kelly, FairfaxDaniel B. Krisky, FairfaxLuis A. Perez, Falls ChurchWilliam B. Porter, FairfaxCatherine M. Reese, FairfaxMichael W. Robinson, Tysons CornerWilliam L. Schmidt, FairfaxMelinda L. VanLowe, FairfaxEdward L. Weiner, Fairfaxvacancy

20th CircuitPeter C. Burnett, LeesburgT. Huntley Thorpe, III, Warrenton

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MEMBERS AT LARGED. Sue Baker Cox, WiseMichael HuYoung, RichmondBeverly P. Leatherbury, EastvilleDarrel Tillar Mason, Manakin SabotMargaret A. Nelson, LynchburgTodd A. Pilot, AlexandriaSavalle C. Sims, Silver Spring, MDLorrie A. Sinclair, LeesburgEdna R. Vincent, Fairfax

Senior Lawyers Conference ChairF. Warren Haynie, Jr., Lottsburg

Young Lawyers Conference PresidentBrian R. Charville, Arlington

Conference of Local Bar Associations ChairPlato George Eliades, II

Diversity Conference ChairPeter C. Burnett, Leesburg

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Vol. 61 | October 2012 | VIRGINIA LAWYER 9

Educating Lawyers in Virginia inthe 21st Century

by Clarence M. Dunnaville, Jr.Richmond

Chief Justice Cynthia D. Kinser statedat the recent conclave on legal educa-tion that:

“By contributing our respectiveinsights and experiences, togetherwe can ensure that the legal profes-sion in Virginia, through education,is always equipped with the toolsnecessary to ensure that every per-son who seeks legal representationin this commonwealth receivesquality representation.

“We together share a responsibilityfor the education of attorneys.Together we are more knowledge-able and skilled in how to educateattorneys than we would be sepa-rately. And together, we can improvethe legal profession that serves allthe citizens of this commonwealth.”

It is the responsibility of all mem-bers of the bar to improve the legal pro-fession and to ensure that Virginialawyers are competent and ethical, andserve the public.

I have practiced law in Virginia,New York and New Jersey, for more thanfifty years and have been admitted prohac vice in more jurisdictions than Irecall. I have worked as a staff attorneyfor a federal agency, as an assistantUnited States attorney, as a senior attor-ney for one of the nation’s major corpo-rations, as an attorney with a small lawfirm, and as a single practitioner. I havepracticed nearly every type of law fromantitrust to workers compensation. Ihave briefed and argued appeals in manyfederal and state appellate courtsthroughout the nation, and tried manycases in federal and state courts inVirginia and elsewhere. I also have twosons who graduated from Virginia lawschools in the not too distant past, so Ibelieve I am aware how law is currentlybeing imparted to our prospective

lawyers. I, therefore, feel qualified to addmy thoughts to the dialogue on educat-ing lawyers in Virginia.

Early this past spring, I ran into aneighbor at the supermarket. He told methat his daughter was planning to getmarried to an outstanding young manwho was graduating from law school,but that he was very worried for hisdaughter. He said the young man owedmore than $150,000, and had no joboffer. I am aware that the predicament ofthat young man is typical for recentgraduates, rather than the exception. Thecost of the bar examination, includingthe cram course, living expenses, barexam fees and transportation toRoanoke would be in excess of another$7,000.

The bar needs to re-evaluate howwe are developing lawyers, and at whatcost, and to consider how we can dobetter. The profession is governed bythe American Bar Association, theVirginia legislature and the SupremeCourt of Virginia. Therefore, we need tocarefully examine the changes that canbe made within the requirements ofthose regulatory organizations to betterand more efficiently develop lawyers atsubstantially less cost and to serve thepublic need.

I have questioned whether the barexamination is essential to producingcompetent attorneys. Some states do notrequire that graduates of their state-approved law schools sit for a bar exami-nation. If it were eliminated in Virginiathere would be an immediate saving ofat least $7,000 for each applicant.

Only about two-thirds to perhapsthree-fourths of the students pass theJuly exam. So a minimum of 25 percentof the deeply indebted students arerejected by our bar examiners each July.Only about half of the next Februaryapplicants pass. Many ethically qualifiedlaw school graduates, who have investedthousands of dollars and are certified byour law schools as competent, are neveradmitted.

Our bar examiners, in good faith,believe they are protecting the public.But I can say without equivocation that

nothing I crammed for and was testedon in any bar examination was signifi-cant to me or any clients in all of theyears I have practiced. I have never hearda lawyer say otherwise.

The Virginia State Bar should man-date that law schools develop entry-level,ready-to-practice lawyers, based on stan-dards set by the ABA and the state bar.The bar examiners should, of course,certify candidates to the Supreme Courtfor admission to the bar. This includessupervising the multi-state professionalresponsibility exam and carefully exam-ining the applicants’ character. The lawschools should be responsible for ensur-ing the competency of lawyers, not thebar examiners.

The bar examiners and many mem-bers of the profession honestly feel thatit is the role of the bar exam to protectthe public. I do not agree and do notthink the bar exam is capable of fulfillingthat responsibility. It is impossible to teston the many areas that would be neces-sary to begin to meet this broad objec-tive. Cramming for the test — using theprofiteers that thrive on our haplessapplicants — is the stressful unpleasanttask of every law school graduate.Twenty-five percent will fail. We can dobetter. Let’s get rid of the bar exam.

Law schools and the state barshould assure that all law graduatesunderstand law office management andthe sanctity of trust accounts, and howthey are managed. It is also essential thatgraduates have training in client devel-opment and the economics of legal prac-tice. Public service should be emphasizedthroughout law school in every course. Ido not feel that a course load of fifteenhours per week is sufficient to cover allneeded subjects. I realize the tremendousamount of reading required under theSocratic Method, and believe that lawschools are committed to this type ofteaching for the near future. For thatreason, I would add required interactivecourses. Student advance preparationwould be required for the courses. Therewould be no examinations. They would

Letter to the Editor

www.vsb.org

Educating Lawyers continued on page 62

VIRGINIA LAWYER | October 2012 | Vol. 6110

IN 2011, MY PREDECESSOR,George Warren Shanks, appointed thePayee Notification Task Force. It con-sisted of eighteen members reflectingpast and present leadership of theVirginia State Bar, Virginia BarAssociation, Virginia Trial LawyersAssociation, Virginia Association ofDefense Attorneys, Virginia WomenAttorneys Association, and individualswith legislative experience and experi-ence in the insurance industry. Itsmission was to tackle the thorny issueof payee notification legislation.

Since 2006, the debate regardingpayee notification has been contentious.In council meetings, advocates havechampioned this protection as thesurest safeguard against lawyer theft ofclient settlement payments. Opponentshave countered by arguing that themeasure unfairly singled out personalinjury practitioners regarding a riskthat is present in any settlement con-text. More importantly, opponentsdecried the authorization of an insur-ance company’s direct communicationswith a represented plaintiff.

Over time, ardent opponents, likeme, became reserved supporters of themeasure. In 2007, council overwhelm-ingly defeated a payee notificationmeasure. In 2009, however, confrontedby the sobering news of the multimil-lion dollar defalcation by attorneyStephen Conrad, council approved it ina close vote and moved forward withpayee notification legislation. On a sep-arate track, the VTLA embraced theneed for payee notification protection,but offered competing legislation that

broadened its scope to encompass pay-ments by insurers in all liability mat-ters, not simply personal injury cases.

At the behest of then Chief JusticeLeroy R. Hassell Sr., the VSB and theVTLA withdrew its proposed legisla-tion and awaited further instructionfrom the Court. At the Court’s direc-tion, the task force was created to reconcile the differences between thecompeting payee notification mea-sures sponsored by the VSB and theVTLA, and to provide such furtherrecommendations as deemed appro-priate. To that end, the task force hasrecently submitted a report to theSupreme Court providing its unani-mous recommendations.

In response to its primary charge,the task force has recommended thatinsurance companies be required tonotify claimants or judgment creditorsthat the insurer has issued a paymentof $5,000 or more in settlement of aliability claim or judgment to the attor-ney or other representative of theclaimant or judgment creditor. Councilwill address and vote upon this recom-mendation at its October 19, 2012,meeting. If approved, the proposedstatute will be returned to the SupremeCourt for consideration, with the hopeof presenting this matter to theVirginia General Assembly for consid-eration in January 2013.

As mentioned above, payee notifi-cation has received considerable comment during the past six yearsthat due to space limitations cannotbe repeated in this column. However,the proposed statute can be accessed

for your review at the VSB’s website athttp://www.vsb.org/site/news/item/payee-notification-2012-06. The barwelcomes your comments.

The task force did not limit itsconsideration to payee notificationalone. Embracing a multi-facetedapproach to the public protection ofclients against lawyer defalcations, thetask force made recommendationsregarding the Clients’ Protection Fund(CPF). The CPF was established in1997 to compensate persons who havesuffered financial loss caused by thedishonest conduct of a Virginia lawyer.Currently, the loss to be paid to anyone client petitioner cannot exceed$50,000. Reimbursement of lossesattributable to any one lawyer or lawfirm is limited to 10 percent of theCPF’s net worth.

The task force has recommendedthat the per claim maximum for theCPF be increased from $50,000 to$100,000 per client, and that the maxi-mum payments for each defalcatingattorney be increased from 10 percentto 15 percent of the net worth of theCPF. Additionally, the task force hasrecommended that the CPF undertakean actuarial study of the fiscal effect ofits recommendation.

An actuarial study of the CPF bythe bar would not be its first. In a 2005study, actuaries determined that theCPF needed a corpus of approximately$9 million to provide earnings frominterest sufficient to satisfy projectedfuture claims against the CPF. In

www.vsb.org

President’s Messageby W. David Harless

Client Protection: Payee Notification andClients’ Protection Fund

Client Protection continued on page 63

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VIRGINIA LAWYER | October 2012 | Vol. 6112

THE VIRGINIA STATE BAR suffered

three significant losses in recent

months, with the deaths of former

presidents Roderick B. Mathews,

Robert H. Patterson Jr., and William B.

Poff. The three were not only leaders of

our State Bar, they were giants of the

legal profession in the state, the coun-

try, and the world.

RODERICK BELL MATHEWS, who was

bar president in 1987–88, died April

27, 2012, at his home in Richmond.

Rod Mathews was a tireless advo-

cate for the rule of law. The Richmond

Times-Dispatch reported that in 2006

he helped launch the World Justice

Project, whose mission is advancing the

rule of law throughout the world. He

was treasurer of the project when he

died of cancer. In tribute, the World

Justice Project Opportunity Fund,

which provides seed money for on-the-

ground programs generated in regional

and global meetings, will be renamed

in his honor.

Robert Grey, former ABA president

and Richmond lawyer, eulogized Rod

with this message: “We all know Rod

Mathews as a former President of the

VSB and the longtime Virginia State

Delegate to the ABA. But what you

may not know is that Rod Mathews

was a bar leader with worldwide expe-

riences. He studied, visited and valued

all societies, cultures and the rule of

law here and abroad. To that end, Rod

was a founding board member and

officer of the World Justice Project, an

organization formed to aid all coun-

tries in improving civil society through

a multi-disciplined effort. Rod thought

deeply about the rule of law and was

committed to making a difference. We

will truly miss him.”

Rod’s interest in rule of law pro-

grams continued up until his death. He

was instrumental in orchestrating rule

of law programs held through the gen-

erous support of the Virginia Law

Foundation at the Holocaust Museum

in Richmond.

Rod was born in Lawton,

Oklahoma, grew up in Charleston,

West Virginia, and moved to

Richmond in 1957. He graduated

from Douglas S. Freeman High School

and in 1963 he earned a bachelor’s

degree in economics and political

science from Hampden-Sydney

College. He earned a law degree from

the University of Richmond, where

he was on the law review. He also

graduated from the executive program

of the University of Michigan School

of Business.

Rod began practicing law with the

firm now known as Christian & Barton

LLP. He left the firm after 22 years and

became senior vice president of Blue

Cross and Blue Shield of Virginia,

which he was instrumental in turning

into a mutual insurance and publicly

traded company. He also served as

Virginia’s delegate to the American Bar

Association’s policy-making House of

Delegates for 23 years. Rod was also

very active in the Virginia Law

Foundation, serving on its board of

directors from 2004 to 2010.

After retiring, Rod worked as an

arbitrator in health law cases. He was a

certified mediator under the rules of

the Supreme Court of Virginia.

Survivors include his wife, Karia

Kurbjun Mathews; three sons,

Roderick B. Mathews Jr. of Columbia,

South Carolina, Andrew Crittenden

Mathews of Copenhagen, Denmark,

and Malcolm Timothy Mathews of

Anacortes, Washington; a brother,

Frank Bell Mathews of Charleston,

West Virginia; a sister, Judith Schulze

of Lewes, Delaware; and five grand-

children.

ROBERT H. PATTERSON JR., who waspresident in 1985–86, died July 12,

2012, at VCU Medical Center. He was

85 and had been in declining health for

more than a year. Mr. Patterson grew

up on Richmond’s Church Hill, the son

of a railroad man and a nurse.

The Times-Dispatch noted that

Mr. Patterson was chairman of

McGuireWoods from 1979 until 1989.

He spent his career with McGuireWoods,

joining one of its antecedents as an

associate in 1952. McGuireWoods

lauded Mr. Patterson’s “commanding

presence, his ability to marshal

resources, his capacity to inspire, his

knack for getting people to lay aside

their personal concerns and unite to

accomplish a common goal” as being

Executive Director’s Messageby Karen A. Gould

Three Giants of the Bar Are Lost

www.vsb.org

Giants of the Bar continued on page 66

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VIRGINIA LAWYER | October 2012 | Vol. 6114

It is sometimes difficult to set down thegoals of a candidate for president-electof the Virginia State Bar because, ifelected, I would assume the responsibil-ity in June 2014. Many things could hap-pen before then and the president mustreact to immediate concerns as theyarise. Examples are the attempted hijackof our reserve fund or the legislature’sfailure to fund judicial vacancies.

However, my immediate and long-term goals are to modernize the bar’soffice procedures and make plans forconverting to paperless record-keeping.Principal among my goals is to democra-tize the procedure for selecting membersof the executive committee. Currently,the procedure has the features of abuddy system rather than an openselection process.

Also, the powers of the executivecommittee need to be redefined and it

may take amendments to the bylaws toaccomplish that end. Right now thecommittee sometimes takes on theresponsibility of making decisions in theabsence of the VSB Council in sessionon matters that could have waited untilthe next council session. Council, afterall, is the legislative and deliberativebody of the bar. The decision to rebatebar dues, though undoubtedly happilyreceived by bar members, could havewaited until an opportunity to debatethe issue in council. There have beenseveral other similar actions by the exec-utive committee.

At 74 years old, I am winding downthis law practice of over forty years andhope to be the first full-time president ofthe Virginia State Bar.

Benzinger is a graduate of GeorgetownUniversity Law School and also has anLLM from Georgetown. He is a memberof the VSB Council. He has been therecipient of honors for his public serviceand service to the bar, and has beenawarded the James Keith Public ServiceAward from the Fairfax County BarAssociation. He is married and has threechildren and seven grandchildren.

Candidates Forum > VSB PRESIDENT-ELECT

www.vsb.org

Candidates Seek President-elect EndorsementStatement of Candidacy of Raymond B. Benzinger

Most Virginia lawyers recall vividly thehardships of a statewide freeze on fillingvacant judicial positions, and a budgetproposal to take millions of dollars fromVirginia State Bar funds. I rememberattending the VSB annual meeting ban-quet in June, 2010, and listening to thenewly-installed president at that time,Irving M. Blank, explain that he did nothave any particular agenda. He was plan-ning to stay the course and keep the VSBon track. President Blank could not haveforeseen the crises that erupted duringhis tenure as president. I worked along-side Irv and many other members of thebar to protect the judicial branch andour profession. Fortunately, we pre-vailed, for now. But we have much toprotect, and room for improvement.

The lawyer elected president needsto be ready, willing, and able to handlecrises and emergencies. With the benefit

of having participated in the judicialvacancy and budget battles, and withtwo decades of experience handling awide variety of litigation and appeals, Ihave the background, energy, and skillsnecessary to represent the VSB inaddressing any challenges that maycome our way.

Other goals and priorities I have forthe VSB include: advocating forincreased funding for judges, courtclerks and VSB staff; increasing commu-nication and strengthening ties betweenthe bar and the court clerks’ offices;seeking new ways to prevent attorneydisciplinary violations before they occur;and continuing the enhancement of theVSB’s assistance to and communicationswith the Supreme Court of Virginia.

Martingayle is a graduate of Hampden-Sydney College with a BS in Economics.His law degree is from the University ofVirginia Law School. He is an owner andpartner of Bischoff Martingayle PC. He is chair of the Better Annual MeetingCommittee and is on the Executive,Budget and Finance, and Legal Ethicscommittees. He is married to ElisabethMartingayle and has three children.

Statement of Candidacy of Kevin E. Martingayle

Vol. 61 | October 2012 | VIRGINIA LAWYER 15www.vsb.org

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16 www.vsb.orgVIRGINIA LAWYER | October 2012 | Vol. 61 | EDUCATION OF LAWYERS

CALL FOR NOMINATIONSWilliam R. Rakes Leadership in Education AwardThe Section on the Education of Lawyers in Virginia

Virginia State Bar

The Section on the Education of Lawyers in Virginia has established an award to honor William R. Rakes, of Gentry LockeRakes & Moore LLP, for his longstanding and dedicated efforts in the field of legal education, both in Virginia and nation-ally. The inaugural award was presented to Mr. Rakes in conjunction with the 20th Anniversary Conclave on the Educationof Lawyers in Virginia sponsored by the Virginia State Bar’s Section on the Education of Lawyers on April 22-23, 2012.

CriteriaThis award recognizes an individual from the bench, the practicing bar, or the academy who has:

(1) demonstrated exceptional leadership and vision in developing and implementing innovative concepts to improveand enhance the state of legal education, and in enhancing relationships and professionalism among members of the acad-emy, the bench, and the bar within the legal profession in Virginia.

(2) made a significant contribution (a) to improving the state of legal education in Virginia, both in law school andthroughout a lawyer’s career; and (b) to enhancing communication, cooperation, and meaningful collaboration among thethree constituencies of the legal profession.

Nomination ProcessNominations will be invited annually by the board of governors of the Section on the Education of Lawyers, although theaward may only be made from time to time at the discretion of the selection committee appointed by the section’s boardof governors. The selection committee will include five members: at least three members of the Section on the Educationof Lawyers, with one each from the bench, the practicing bar, and the academy, including the chair of the section; and atleast one former award winner.

When a nominee is selected, the award will be presented at a special event to include a reception for the honoree andhis/her family, friends and colleagues; past award recipients; and special guests. The law firm of Gentry Locke Rakes &Moore LLP has agreed to underwrite the award and the special event to honor award recipients on an ongoing basis.Please submit the nomination form below, together with a letter describing specifically the manner in which your nomineemeets the criteria established for the award. Nominations should be addressed to Professor A. Benjamin Spencer, chair,Section on the Education of Lawyers, and submitted with your nomination letter to the Virginia State Bar: Eighth andMain Building, Suite 1500, 707 East Main Street, Richmond, VA 23219. Nominations must be received no later thanDecember 3, 2012.

For questions about the nomination process, please contact Elizabeth L. Keller, assistant executive director for bar services: keller@vsb.org (804) 775-0516.

WILLIAM R. RAKES LEADERSHIP IN EDUCATION AWARDNOMINATION FORM

Please complete this form and return it with your nomination letter to the Virginia State Bar: Eighth and Main Building,Suite 1500, 707 East Main Street, Richmond, VA 23219. Nominations must be received no later than December 3, 2012.

Name of Nominee: _____________________________________________________________________________________________

Profession: ____________________________________________________________________________________________________

Employer/Affiliation (Law Firm, Law School, Court): __________________________________________________________________

Address of Nominee: ____________________________________________________________________________________________

City: ______________________________________________ State: _________________ Zip: _______________________________

Name of Nominator: _________________________________________ Telephone: _________________________________________

Email: ________________________________________ Signature: _______________________________________________________

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 17www.vsb.org

I am very pleased to welcome you to this issueof Virginia Lawyer dedicated to the recent 20thAnniversary Conclave on the Education ofLawyers in Virginia.

The Section on the Education of Lawyersin Virginia was the product of the first suchconclave twenty years ago. Since then itsmembers have been dedicated to thinkingabout ways to improve the legal training ofaspiring and practicing lawyers in the common-wealth. With the 20th anniversary conclave, wehave taken that commitment to a new level,dedicating two days of discussion among thebench, bar, and the academy to formulate con-crete ways that we can enhance legal educationto meet the challenges of the 21st century.

The material you will find in these pagesreflects a summary of our discussion as well assome of the ideas that have emerged from theconclave. It is our hope that going forward thesection will be able to spearhead efforts tomake many of these ideas a reality, improvingthe training of lawyers throughout their careers.

It is also our hope that the broader legalcommunity will partner with us in this effort,as it will take a unified commitment and hardwork from everyone to make the changes nec-essary to modernize Virginia’s legal education.I am confident that members of the legal pro-fession in the commonwealth will rise to thatchallenge to make Virginia one of the guidinglights in the ongoing discussion surroundinglegal education reform.

Our section is the first of its kind in thecountry. We provide a vehicle for exchanging

ideas about legal education while we continueto foster cooperation among our eight lawschools, the bench, and the bar. The sectionpublishes a quarterly newsletter, Education &Practice, conducts a Professionalism for LawStudents course annually in each of the Virginialaw schools, and has cosponsored innovativeCLE programs in collaboration with theVirginia law schools. For more information onthe section, go to http://www.vsb.org/site/sections/educationoflawyers. To read transcriptsof the conclave, go to http://www.vsb.org/site/members/20th-anniversary-conclave.

Section on the Education of Lawyers RemainsCommitted to Improving Legal Training

by A. Benjamin Spencer

A. Benjamin Spencer, chair of the VSB Section onthe Education of Lawyers, is a professor of law atWashington and Lee University. He recently wasappointed director of the Frances Lewis Law Center,the independently funded faculty research and sup-port arm of W&L Law. As director, he oversees thecenter’s agenda, which includes sponsoring symposia,enhancing the intellectual life at the school of law,and providing support to faculty in their scholarlyendeavors. He has authored two books in the area ofcivil procedure, Acing Civil Procedure and CivilProcedure: A Contemporary Approach. Prior to joiningthe Washington and Lee faculty, Professor Spencerwas an associate professor of law at the University ofRichmond School of Law. He also formerly worked asan associate in the law firm of Shearman & Sterlingand as a law clerk to Judge Judith W. Rogers of theU.S. Court of Appeals for the D.C. Circuit.

The Twentieth Anniversary Conclave on the Education of Lawyers in Virginiawas financially assisted by the Virginia Law Foundation.

18 www.vsb.orgVIRGINIA LAWYER | October 2012 | Vol. 61 | EDUCATION OF LAWYERS

The Wintergreen conclave took place at aninteresting time. Judge Harry T. Edwards, of theU.S. Circuit Court of Appeals for the District ofColumbia, had published a provocative articleearlier that year titled “The Growing DisjunctionBetween Legal Education and the Legal Profession.”He lamented the trend of law professors distancing themselves from the practice of lawand directing their scholarship more toward thetheoretical and interdisciplinary, and less towardthe profession.

A few months after the Wintergreen con-clave, the MacCrate Report was issued by theSection of Legal Education and Admissions to theBar of the American Bar Association. Its emphasison the teaching of skills and values provided theagenda for conclaves held around the countryover the next several years. The Virginia conclavewas promoted by the American Bar Association asthe model for conclaves held in more thantwenty-five states.

A consensus statement issued following theconclave concluded that the principal purpose ofthe conclave was to create opportunities for thepracticing bar, the judiciary, and the legal acad-emy to discuss and reflect on the broad subject oflegal education. The objective was to identifyareas that could be improved, and to encourageeach constituency to offer its unique perspectivein the ongoing work of the others.

Education in the law schools, admission tothe bar, and continuing education were the maintopics then as they remain today. Participants in1992 concluded that the first year of law school-was very successful, but the second or third years

were progressively less successful. They also notedthat communication skills, both oral and written,should be emphasized more to address the per-ception that many law graduates were deficient inthis critical area. Admission issues, including thebar exam, were discussed and participants saidthat more thought should be given to the purposeof the bar examination and whether there arefeasible alternate methods of assuring that per-sons licensed by the commonwealth are at leastminimally competent. Conclave attendees wereconcerned that commitment to lawyer educationon the part of law firms and practitioners hasbeen impaired by a more competitive practiceenvironment and increases in the costs of prac-ticing law. There was broad concern that the pro-fession’s emphasis on billable hours and profitshas diminished attention to hands-on trainingand development of new lawyers. The conclaverecognized that mentoring had historically beenand continues to be a very important ingredientin the development of new lawyers and urgedsenior members of the bar to make themselvesavailable for advice and consultation to less experienced lawyers.

Changes During the Last Twenty YearsSince the conclave in 1992, we have seen impor-tant changes in the practice of law and in the lawschools, which provided challenging issues fordiscussion at the 20th Anniversary Conclave towhich this issue of Virginia Lawyer is dedicated.Many of the changes have been for the better butsome have not.

William R. Rakes hasbeen in private practicewith the Roanoke firm ofGentry Locke Rakes &Moore LLP since hisadmission to the bar in1963. He served as man-aging partner of the firmfor more than twentyyears. His practice areasfocus on commercial liti-gation, banking, andfinance. Mr. Rakes hasserved as president of theRoanoke Bar Associationand of the Virginia StateBar. He has served on theboard of governors andin the house of delegatesof the American BarAssociation, and as chairof the ABA Section ofLegal Education andAdmissions to the Bar.He was a co-founder andpresident of the TedDalton American Inn ofCourt and co-foundedand is chairman of theboard of directors ofHomeTown Bank.

Twenty Years of Change, But Many Issues Remainby William R. RakesConclave 2012 Vice Chair

Twenty years ago the Virginia State Bar held a conclave on legal education at

Wintergreen in Central Virginia. The conclave was composed of practitioners, judges,

and legal academics, and the theme was “Sharing the Responsibility for Legal

Education Among the Law Schools, the Bar and the Bench.”

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 19

Continuing Dialogue A permanent section of legal education of theVirginia State Bar emerged from the recommen-dations which came out of the Wintergreen con-clave. The section is made up of academics,judges, and practitioners, and provides an ongo-ing forum for discussions and projects related tolegal education. Its Education and Practicenewsletter provides an opportunity for all threebranches of the profession to stay abreast ofimportant developments.

Diversity We have achieved significant advances in diversityduring the last twenty years. Minority enrollmentin accredited law schools in 1992 was 19,410. InApril 2012, it was 36,859, a 90 percent increase.Full-time faculty who are minorities increasedduring the twenty-year period from 649 to 1,417,a 118 percent increase, while minority deans andadministrators increased from 192 to 876, a 356percent increase. We have also increased the num-ber of women in law school leadership positionsas deans or in other administrative posts. In 1992,there were 765 in that category and in 2012 thereare 2,436—a 218 percent increase.

Clinical and Skills Training We have seen significant developments in theavailability of clinical and skills offerings in lawschools following the MacCrate Report and addi-tions on this subject to the Standards forAccrediting Law Schools. While many studentsparticipate in such programs, many do not. Thereis pressure from some quarters for law schools toturn out graduates who are “practice ready.” Thearea of clinical education will undoubtedly evolveand will become a larger part of the programs ofmany law schools. But one size doesn’t fit all. Lawschools will determine the markets they serve anddetermine the extent to which clinical trainingwill be beneficial to their students. In addition topracticing lawyers and judges teaching part-timeas adjuncts, many law schools are hiring a sub-stantial number of experienced lawyers as full-time faculty.

While the emphasis on teaching legal writ-ing has increased, there is still the perception (or reality) that not enough is being done.

Law School Economics There are currently 200 ABA-accredited lawschools in the United States. Twenty years agothere were 176. That is not a large increase over a

twenty-year span. The enrollment in 1992 was129,580 and in the spring of 2012 it was 146,292,a 13 percent increase.

Full-time faculty in accredited law schools in1992 was 5,635, and in 2012 it was 8,264, a 47percent increase. Part-time faculty during thatperiod increased from 3,994 to 8,408 for a 111percent increase. Deans and administratorsincreased 178 percent, from 1,406 to 3,903.

The increase in law schools, students, andfaculty/staff is not that surprising over a twenty-year period. However, the cost of law school andthe debt students incur is alarming and is not sus-tainable. In 1992, the average annual tuition inpublic law schools was $4,015. In 2012, it is$22,115, a 451 percent increase. In private lawschools, during the same period of time, tuitionincreased 185 percent from $13,730 to $39,184.

While scholarships available at accredited lawschools have topped $1 billion a year, the way thatmoney is distributed to students is trending awayfrom need-based to merit-based. During the five-year period from 2005-2010, the number of need-based scholarships decreased from 20,781 to17,610. During the same time, the number ofstudents receiving non-need-based or meritscholarships increased from 31,265 to 39,845.The dollar amount of scholarships for need-based recipients grew $23 million, from $120million to $143 million, while the non-need-based grew $231 million, from $291 million to$522 million.

A portion of the tuition charged at many, ifnot most, law schools goes toward scholarshipsfor top-ranked applicants and students. Critics saythe top of the class is being educated on the backs

of lower-ranked students. Those critics assert thatthis behavior is stimulated by the schools’ questfor higher rankings of which student test scoresand grades play a significant role.

As law school costs have increased, the avail-ability of federally guaranteed loans has increasedas well. A large number of law school graduatesbegin practice with law school debt in the rangeof $100,000 to $250,000, and many have under-graduate debt as well. This puts enormous

TWENTY YEARS OF CHANGE

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”There is pressure from some quarters for

law schools to turn out graduates who are

“practice ready.”

20

pressure on graduates to find jobs that will permitrepayment of those loans. It puts pressure onemployers as well, and many jobs will not supportthe repayment of such debt.

The availability of student loans has permit-ted law schools the luxury of balancing their bud-gets as the debt load of students escalates.

The Current Jobs Market The student debt problem is exacerbated by thecurrent legal jobs market. Law schools are gradu-ating about 45,000 people per year and there arelegal jobs available for only about 25,000. Lawgraduates claim they have been led into debt bythe false promises of employment and highsalaries. The economy has had an enormousimpact on law firms and the demand for newly-minted lawyers has substantially weakened. Whileapplications to law school have decreased in thelast few years, the number of admittees has notbeen significantly reduced.

Employers are complaining that law gradu-ates have not been trained to practice law andclients will not pay for new lawyers to learn attheir expense. The litany of complaints aboutlaw schools and the costs of a legal educationwould suggest that structural changes should be considered.

The Need for a Lower-cost ModelPersonnel costs are the single greatest item in alaw school’s budget. The current model is for lawprofessors to divide their efforts (about 50/50)between legal research/scholarship and teaching.Some have suggested that not every law schoolneeds a faculty doing both research and teaching;

instead, many law schools could reduce costs(and faculty by as much as half) by focusing onturning out lawyers rather than scholarship. Thequestion is whether there is any need for all lawprofessors to turn out law review articles.Research-oriented law schools could remain asthey are and practice-oriented law schools couldbe staffed mainly by experienced lawyers who arefocused on preparing their students for the prac-

tice of law. The profession needs a better balancebetween teaching and scholarship, and all schoolsdoing both is not sensible from a cost standpoint.

Impediments to ChangeThe main impediments to change in law schoolsare the traditions of tenured faculty governance,the ABA Accreditation Standards, and the U.S.News & World Report rankings.

The power to make meaningful change in alaw school resides in the tenured faculty withleadership from the dean. Change is slow becausea consensus is necessary. It takes a strong deanand a willing faculty to effect meaningful change.Washington and Lee should be commended forthe significant restructuring of its third-year pro-gram. This kind of innovation is rare but wasdone within the existing ABA Standards.

Accredited law schools are required to offeran education that is “consistent with sound legaleducation principles,” the prime purpose of whichis to “maintain an educational program that pre-pares its students for admission to the bar, andeffective and responsible participation in the legalprofession.” (See Standard 101). Unfortunately,some standards have little direct relation to theoverriding principle quoted above. And it is with-out question that some standards add to the costsimposed on the students. The standards require,for example, that most instruction be offered byfull-time faculty and that the dean be a tenuredmember of the faculty. These requirements signif-icantly reduce the ability of a school to rely heav-ily on experienced practitioners and judges whomay be better able to teach courses in their areasof expertise. The standards also allow only a smallpart of a legal education to be provided by dis-tance-learning technologies. But if a school candemonstrate that it can deliver a sound legal edu-cation substantially through distant faculty mem-bers, it is hard to understand why such a programwould be prohibited by the standards.

A further impediment to meaningful changeis the annual rankings published by U. S. News &World Report. Admission rates, LSAT scores, gradepoint averages, student/faculty ratios, andemployment data all play a role in the rankings.The U.S. News rankings apply the same criteria toall law schools, which promotes the one-size-fits-all concept. The U.S. News rankings during thelast several years has had a great impact onadmissions, scholarship, increases in numbers offaculty, and other important factors.

TWENTY YEARS OF CHANGE

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The power to make meaningful change in a

law school resides in the tenured faculty with

leadership from the dean.

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 21

There must be a better way. Schools shoulddefine their markets and be judged on their suc-cess in training lawyers for that market. Practice-oriented schools will not mirror research-orientedschools. Each will focus their resources on whatthey do best.

To Be Continued Legal education in the United States is the

envy of the world. We have a great profession and

do an enormous amount of good for society.However, the law schools, practicing bar, andjudiciary all have important issues to address andresolve. I have believed for many years that it isimportant for the three branches of our profes-sion to work together on legal education issuesaffecting the profession. Some of those issues havebeen considered at legal education conclaves andprogress has been made. Let us continue the dia-logue for the improvement of the profession.

TWENTY YEARS OF CHANGE

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Special Presentations During Conclave 2012The Conclave Planning Committee arranged to have three special speakers participate in the 20thAnniversary Conclave on Legal Education.On Sunday Evening, April 22, David Yellen, dean at Loyola University Chicago School of Law,

and William D. Henderson, professor at the Indiana University School of Law in Bloomingtonengaged in a spirited debate. Both have lectured and written extensively on legal education andthe changing economics and structure of the legal profession. Their presentation was titled “Isthere a Crisis in Legal Education?” They focused their point-counterpoint discussion on the fol-lowing issues:

• Are there too many law schools and law students?• Why is law school so expensive?• How good a job are we doing at educating students for what they need in the practice oflaw; are lawyers doing a good enough job communicating what they want in training forlaw students?• Are there dramatic changes coming in legal education?

John E. Montgomery, dean-emeritus and director of the Center for Professionalism, of theUniversity of South Carolina School of Law, was the featured luncheon speaker on Monday, April23. Montgomery focused his remarks on the increasing importance of mentoring in the legal pro-fession, especially in the face of waning professionalism, civility and public respect for the legalprofession.

Complete transcripts of these presentations may be found on the 20th Anniversary Conclavewebpage of the Virginia State Bar’s website.

William D. Henderson of the Mauer School of Law, University of Indiana,Bloomington, and David N. Yellen of Loyola University Chicago School ofLaw. They spoke at the dinner Sunday night. Topic was “Is there a crisis inlegal education?”

Dean Emeritus John E. Montgomery, director of theNelson Mullins Riley & Scarborough Center forProfessionalism of the University of South CarolinaSchool of Law, was the featured speaker duringlunch on Monday.

22

W. Taylor Reveley III, president ofthe College of William and Mary, intro-

duced the first panel discussion on how

law schools are addressing major changes

in legal practice and accrediting stan-

dards for legal education. He framed the

discussion by asking four questions:

What have been the major changes in

these two aspects of the legal profession

in the last generation? To what extent are

law schools responding creatively and

effectively? Should law schools do more

to prepare their graduates to practice law

effectively from “day one” and to use

their legal training productively in other

careers? Noting there are no single

answers to these questions, he observed

law schools are facing great changes and

enormous challenges. He further noted

that the education of lawyers is not only

the responsibility of law schools but also

legal employers, the organized bar, and

the courts.

Panelists were Jeffrey A. Brauch, dean ofRegent Law School; Davison M. Douglas, dean ofWilliam and Mary Law School; Tracy A. Giles, amember of the ABA Section of Legal Education;David C. Landin, of Hunton & Williams; and A.Benjamin Spencer, director of the Frances LewisLaw Center at the Washington and Lee UniversitySchool of Law.

PresentationsDean Brauch provided an overview of what lawschools are doing to prepare their graduates, andthe challenges for law schools. He had three mainpoints:

Legal education has never been better.Although the first year of law school continues tofocus on critical thinking and legal analysis usingthe traditional doctrinal approach, the secondand third years of law school incorporate moreskills training than in the past. Reasons for thisshift include ABA accreditation standards; thebar’s need for practice-ready lawyers, particularlyas clients are less willing to pay for on-the-jobtraining; and feedback from law graduates.Teaching methodologies have also been adaptedto respond to different learning styles. There ismore interaction among professors and students,greater use of multi-media, expanded use of pre-liminary assessments rather than a single exam,and an increase in academic support programs.

Skills training addresses a wide range ofpractice skills and needs to be preserved. Clientcounseling, contract drafting, and law practicemanagement are now taught along with tradi-tional negotiation and trial and appellate advo-cacy courses. Practicums on specific topics allowsmall groups of students to work with a practi-tioner to explore issues while developing skillsand professional judgment.

Enhanced legal education is expensive andfinancially sustainable models need to beexplored. Over the years, tuition costs have goneup significantly. In the past, readily available stu-dent loans helped cover these costs. Law schoolenrollments went up and new law schoolsopened. Now, law schools and the profession arefacing a period of austerity. High tuition costs are

www.vsb.orgVIRGINIA LAWYER | October 2012 | Vol. 61 | EDUCATION OF LAWYERS

Margaret Ivey Bacigal isa Clinical Professor ofLaw at the University ofRichmond School of Law.She directs the school’sClinical PlacementProgram and teaches theDomestic ViolenceSeminar. ProfessorBacigal is past chair of theVirginia State Bar’sSection on the Educationof Lawyers and formereditor of its newsletter,Education & Practice. Sheis currently chair of TheVirginia Bar Association’sCommission on theNeeds of Children and aformer member of TheVirginia Bar Association’sboard of governors, ProBono Task Force, andCommunity ServiceCouncil. She currentlyserves on the VirginiaPoverty Law Center’sboard of directors and isa past board president.

How Are Law Schools Addressing Major Changes in the Practice of Law and in Accrediting Standardsfor Legal Education?by Margaret Ivey BacigalConclave 2012 Reporter

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 23

no longer sustainable. Students are confrontedwith significant debt loads at a time when thereare fewer traditional first-year jobs and salariesare down and likely to remain so. Despite theincreased numbers of graduates, bar pass rateslargely remain unchanged. The convergence ofthese factors has led to a significant drop in lawschool applications nationwide. Fewer applicantsmean law schools will either need to reduce classsize, thereby reducing tuition dollars, or digdeeper into applicant pools, potentially affectingthe quality of the classroom and the profession.To address these issues, law schools may need tolower tuition, have faculty teach more coursesleaving less time for scholarship, shorten pro-grams of study, and utilize more adjunct profes-sors and distance learning. Many of thesesolutions raise accreditation concerns.

Dean Douglas said law schools should bedoing more to prepare their graduates to practicelaw effectively from day one. He offered the fol-lowing points:

Given the changes in the legal profession, thelegal training provided by legal employers is morelimited; therefore, law schools are increasinglyseeking to fill this gap.

Using a toolbox analogy, Mr. Douglas identi-fied the following tools historically needed by law

students: most important, critical analyticalthinking skills; knowledge of basic legal doctrines,regulations, and the statutory system; methods oflegal research; analytical and persuasive legal writ-ing (today’s students have weaker writing skillsthan in past); analytical and persuasive oralexpression; and elements of professionalism.

New tools needed by law students include:the ability to manage multiple, complex legalproblems using a team approach; expanded prac-tical skill sets; a greater degree of business andfinancial sophistication; the ability to work effec-

tively with others; and an understanding of thebusiness side of practice.

Although legal education today is more effec-tive and diverse, the challenge is to manage costs.One way would be for law schools to diversifytheir model of instruction to include moreadjunct faculty to teach specialized, practice

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Panel I addressed major changes in legal practice and accrediting standards for legal education. Panelists (from left to right) were David C. Landin, of Hunton & Williams; Tracy A.Giles, of Giles & Lambert PC and a member of the Council of the ABA Section of Legal Education; Jeffrey A. Brauch, dean of Regent Law School; Davison M. Douglas, dean ofWilliam and Mary Law School; and A. Benjamin Spencer, Education Section chair and director of the Frances Lewis Law Center at the Washington and Lee University School ofLaw. Moderating was W. Taylor Reveley III, Conclave 2012 chair and president of the College of William and Mary.

”Although legal education today is more effective and diverse, the challenge is to manage costs.

24

courses. While there will continue to be tradi-tional tenure-track professors who engage inresearch and writing, the use of more adjunctswill create a more holistic approach to education.

Mr. Giles noted that potential law applicantswant good information to help them decidewhether to attend law school and where. Law stu-dents want a good legal education at a reasonablecost. Young lawyers want fulfilling careers. All areeager to learn about professionalism and are look-ing to law schools and the bar for guidance. Whilehelpful programs exist, Mr. Giles challenged the

group to think of other ways to reach out, includ-ing the expanded use of mentoring programs.

Mr. Landin, focused on the changes in lawpractice and questioned how these will impactlegal education. Highlights from his remarks follow.

There has been a real economic downturn inthe legal profession and there is no expectation ofa reversion to the old ways of practice.

The relationship between law firms and lawstudents has changed. First-year associate programshave largely been eliminated and second-yearprograms are more limited, thereby reducing legaltraining opportunities. Fewer employment offersare being made by firms. More contract positionsare being utilized. Starting salaries are lower.Law students are changing. As discussed, theyhave significant student debt and are facing theelimination of jobs as well as lower-paying jobs.Today’s students also frequently lack life experi-ences that require them to interact with others ina variety of settings.

The relationship between law firms and asso-ciates has changed. Performance reviews are morestringent. There are fewer partnership opportuni-ties and the partnership track takes longer. Lessmentoring is occurring.

Relationships with clients are changing.Clients will not pay for summer associates’ work,and in many cases, for new associates’ work.Increasingly, clients try to avoid using lawyers.When advice is sought, it is treated as commoditywork and subjected to budgets and cost controls.

Mr. Landin said these changes raise impor-tant issues, which he framed in the form of thefollowing questions:

Why do law schools mandate three years fora degree?

Why do law schools fail to offer a sufficientnumber of sections of courses important to beinga good lawyer? (In asking the question, he recog-nized more courses are now being offered than inthe past.)

Why do law schools offer too few practicecourses?

Where is judgment and discretion taught?This question was posed to both law schools andpractitioners.

Professor Spencer addressed the role accredi-tation and rankings play in legal education. Ashistorical background, he noted that in 1921 theABA rejected recommendations supporting con-tinued diversity among law schools which serveddifferent populations and practice areas. Instead,the ABA moved to a unitary set of standardsapplicable to all law schools which included therequirements for a three-year legal education, alibrary with a certain number of volumes, and afull-time faculty.

Like the ABA, U.S. News and World Report(U.S. News) also applies a unitary system to ranklaw schools, unlike its practice with undergradu-ate institutions. As a result, legal education hasfocused on input rather than output or what typeof student the school is producing. This focuslimits experimentation, including the expansionof experiential learning. Highlighted below aresome of the obstacles Mr. Spencer identified:

Traditional law school hiring practices arenot in sync with the staffing needed to deliverexperiential education. Faculty is traditionallyhired based on academic credentials and scholarlyproductivity. Asking these faculty members toteach practice, experience-based courses becomesa challenge; therefore, if law schools are going tocontinue their commitment to experiential edu-cation, they are going to need to rely more heavilyon adjuncts. This circles back around to U.S.News’s rankings. A major factor in the rankings isa school’s reputation among peers and practition-ers, which is driven by scholarly productivity. Ifschools shift away from hiring faculty who areproductive scholars, they risk lower rankings.

Who cares? Students, alumni, and employerscare. Consequently, if employers are serious aboutexperiential education and law schools producing

HOW ARE LAW SCHOOLS ADDRESSING MAJOR CHANGES

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If schools shift away from hiring faculty who are

productive scholars, they risk lower rankings.

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 25

more practice-ready students, they need to makehiring decisions based upon these criteria rather aschool’s prestige. Until this happens, law schoolsare less likely to pursue more experiential learningprograms.

Experiential education in the form of skillscourses and clinics is costly given the low faculty-student ratios required. As already noted, tuitioncosts are already up, with law schools offering farmore student services than in the past. Thesecosts are not sustainable when students cannotcontinue to take out loans, when jobs are con-tracting, and when existing salaries are lower thanin the past.

Mr. Spencer concluded by saying the situa-tion is complex with no simple solutions.

Discussion and SuggestionsProfessor Reveley said the two worst things thathave happened to law practice are: The AmericanLawyer’s publication of profits per partner; andU.S. News ranking of law schools, which is largelydriven by scholarship, prestige, and an unin-formed electorate.

The audience raised numerous points andquestions, including:

• More emphasis needs to be placed on teachinglegal writing.

• Law students need to understand the impor-tance of context in understanding and solvinglegal problems, be they related to business,finance, economics, government, internationalaffairs, legislation, or non-profits. Short coursestaught by adjuncts were recommended.

• Law schools need to teach students problemsolving skills and values.

• How do law schools do more with less?

• If scholarship is to be sacrificed, what do othersthink of this? Reactions included concern; therole of scholarship may vary depending on theprofessor and the school’s mission; and abroader view of what constitutes scholarshipmay need to be adopted.

• If there are to be multiple categories of faculty,how will this impact morale and the sense ofcommunity, particularly if some members are

perceived as more valuable than others? Howwill tenure and compensation be handled?

• The importance of alternative dispute resolutionwas recognized and it was recommended thatactual arbitrations take place in law schools sostudents could observe them.

• Doctrine, skills training, and ethics need to beintegrated into courses and not be free-standing.

• Regarding the length of law school, one personobserved that three years makes sense if thethird year is equivalent to a capstone coursewhere coursework is synthesized with practicalexperience. Another person predicted thatwithin two decades, law school will only be twoyears, thereby reducing student costs. CurrentABA rules and bar exam coverage pose obstaclesto achieving a shorter program of study.

There was a consensus that law schools aredoing a good job teaching critical thinking andlegal analysis. A recurring theme was that moreexperiential legal education is needed to help stu-dents become “practice ready.” Deficits in legalwriting, problem solving, and understanding thevarious contexts within which legal problemsarise were concerns. A major issue is how doschools enhance legal education given the unsus-tainable costs and changes in the legal profession?If more is to be done with less, how will this beaccomplished? What changes will be required oflaw schools? What impact will these changes haveon law schools and the profession, particularly

with regard to faculty, scholarship, budgets, andthe number of years students attend law school?What changes will law firms, the ABA, rankingauthorities, and the Virginia Board of BarExaminers have to make if changes are to becomea reality?

HOW ARE LAW SCHOOLS ADDRESSING MAJOR CHANGES

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There was a consensus that law schools are

doing a good job teaching critical thinking

and legal analysis.

26 www.vsb.orgVIRGINIA LAWYER | October 2012 | Vol. 61 | EDUCATION OF LAWYERS

Supreme Court of VirginiaSenior Justice Elizabeth B. Lacy intro-

duced the second panel discussion by

framing the context in which the

Virginia Board of Bar Examiners func-

tions to assess competency to practice

law. She reminded the audience that the

legal profession is self-regulated, a privi-

lege few if any other professions enjoy.

Thus the stakes are high for the profes-

sion to discharge its responsibility to

protect the public by ensuring the com-

petence of those admitted to the practice

of law. She added that the consumer pro-

tection factor is further challenged by the

blurring of geographic and other bound-

aries; Virginia lawyers of the future may

be practicing on a broader scale and stage

in several respects.

Panel members were the Honorable B.

Waugh Crigler, U.S. District Court, Western

District; William D. Dolan III of Venable;

Professor James E. Moliterno of Washington

and Lee University School of Law; and Anita O.

Poston of Vandeventer Black.

PresentationsAnita Poston of the Virginia Board of BarExaminers provided enlightening details about theVirginia Bar examination and admission process.

In Virginia, competence is measured in threeways: an applicant must have completed anaccredited law school program or a law readerprogram; must demonstrate his or her characterand fitness to practice by means of an evaluationprocess conducted by a separate committee of theBoard of Bar Examiners; and, must pass theexamination administered by the board.

The Character and Fitness Committeemoved from the earlier practice of accepting cer-tification by Virginia law school deans as to char-acter and fitness to the current process ofreviewing extensive applicant information, withan eye to certain indicia such as suggestion ofpossible substance abuse issues and difficultymanaging finances. Closer scrutiny of anywherefrom 80 to 100 applicants may occur in eachround of applications, and hearings to make afinal determination of fitness may occur in thecase of about thirty applicants. Once past thecharacter and fitness reviews, applicants may takethe exam.

The principle guiding the examiners’ draftingof the exam is to test an applicant’s “minimumcompetency on any given day to practice in a gen-eral law practice” and is designed to measure theentry-level practitioner. The exam has evolvedand the challenge has been how to test a newpractitioner in the average Virginia community.The answer at present is that the Virginia portionof the exam (as opposed to the multistate) con-tains nine essay questions that test from approxi-mately twenty-seven substantive areas. The

Jeanne F. Franklin focuseson mediation, facilitationand conflict managementservices through FranklinSolutions, in Arlington,with a particular empha-sis on employment andhealthcare conflicts andthe challenges of collabo-ration. A past president ofThe Virginia BarAssociation, she serves onthe Joint AlternativeDispute ResolutionCommittee Council, TheVirginia Bar Association’sHealth Law SectionCouncil and itsCommittee on SpecialIssues of National andState Importance, and onthe American HealthLawyers Association ADRService Task Force. Shecurrently serves as amember of the board ofgovernors of the VirginiaState Bar’s Section on theEducation of Lawyers.

How Should We Measure Preparedness for Admission to the Bar?by Jeanne F. FranklinConclave 2012 Reporter

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 27

Virginia essay questions require the applicant toanalyze fact patterns, spot legal issues, and notesubstantive, procedural, and professionalismissues in the answers.

Since 1960 when the number of applicantstaking the exam was 477, the number has risensteadily to the high in 2011 of 2,022. Yet, the passrates have not appreciably changed, althoughgrades on the multistate portion of the exam haveinched upward. Of concern, though, is a clear pat-tern of deteriorating writing skill.

Just as the bar examiners pay thoughtfulattention to the drafting of the exam in light of itsguiding principle, they give careful attention tothe validity and accuracy of grading and to fair-ness over time. How they perform both functionsincludes comparing notes and ideas with otherstate bar examiners.

Professor Moliterno then offered his perspec-tive on whether the bar exam is an accurate mea-sure of preparedness to practice law. He beganwith his conclusion that the bar exam tests bothtoo much and too little. He agreed that the examserves a very important gatekeeper function butsuggested that the function should bear a strongerrelationship to “what is on the other side of thegate.” Noting the relationship between the bar

exam and what law schools teach, he framed thequestion as, “How do we meet the challenge ofdesigning a test that serves its purposes but thatdoes not have unintended, deleterious conse-quences?” Some of his points were:

The exam tests basic knowledge in too manysubjects—preparation for twenty-seven substan-tive areas is too much; no lawyer knows all usefullaw, and it is unrealistic to test every topic thatmight come up in a new practice. Lawyers prac-tice by synthesizing substantive knowledge andskill to solve a particular client problem.

The breadth of knowledge tested on the barexam acts as a deterrent to law schools and law

students who might otherwise want to departfrom a more traditional legal curriculum and tryinnovative approaches to integrated curriculathat blend subject matter with skills instructionand practice.

www.vsb.org

Panel II addressed how the Virginia Board of Bar Examiners measures preparedness for admission to the bar. Panelists (left to right) were Anita O. Poston, of Vandeventer BlackLLP and member of the Virginia Board of Bar Examiners; Professor James E. Moliterno, of Washington and Lee University School of Law; William D. Dolan III, of Venable LLP; andthe Honorable B. Waugh Crigler, U.S. District Court, Western District. The moderator was Supreme Court of Virginia Senior Justice Elizabeth B. Lacy.

”Of concern, though, is a clear patternof deteriorating writing skill.

28

Law schools need to teach more to inculcate

skill sets, including making the law students

write; there should be more courses about

synthesizing several substantive areas, about pro-

fessional culture, values, and business, about

problem solving and how to get things done—

in short about the practice of law (what’s on the

other side of the gate).

The need for law schools and their students

to pass the bar examination creates the perception

that focusing on matters other than the subject

areas that may be tested poses risk and thus cre-

ates insecurity about taking time and resources to

try other learning approaches.

Law schools need freedom to innovate and to

devote a higher percentage of their resources to

such efforts.

Judge Crigler addressed the core question,

“Does the bar exam test competency to practice

law in Virginia?” He emphasized that the ability

to communicate well orally and in writing is

vital to the effective practice of law. Yet he

observed that today’s students tend to speak in

text messaging format; in their writing, they use

a lot of words but their points are not easily dis-

cernible. Judge Crigler said that writing is a real

problem.

Law schools are trying to do something

about the writing problem but how to cure it is

not easily answered. Key points in his comments

included:

We need innovation in teaching and by

implication in testing or measurement of compe-

tence in communications; we must develop new

responses to competence issues.

We must not lose sight of the imperative to

serve members of rural and local communities in

Virginia, providing competent lawyers to fill their

need for capable advice and representation.

Meeting that need requires lawyers who will be

able to communicate with the people in their

local communities by writing well and relating

effectively through oral communication.

Lawyers practicing in local communities do

not necessarily know what legal problem will walk

through their doors and the bar exam does need

to have that in mind in assessing competence.

The great homogenization of the bar exam

should not detract from the state bar examiners’

role in seeing that communities within the state

will be served by competent lawyers.

In response to the apparent decline in law

firm hiring of summer interns, we should con-

sider year-round law school to allow more time

for honing of knowledge and skills.

A question is, how do we meet the challenge

of producing law students who are prepared and

productive, who will function well in their capac-

ity as practicing attorneys? It is not just about

grades and good test takers.

Mr. Dolan, former Virginia State Bar presi-

dent, spoke from his vantage point as an attorney

practicing in a large law firm employing young

law students and graduates. He thanked the law

schools for their willingness to engage in this con-

versation at a time when they are being asked to

do more and in the face of increasing challenges.

He noted that some literature focuses on dis-

tinguishing between law students from “elite”

schools who are groomed to serve the corporate

community, and those from more local schools

who will likely be serving individuals. However,

he said he believes that the skills necessary to be a

practicing attorney are universal and he views the

challenge under discussion as how to “make sure

that the eight million people who live in Virginia,

when they have a Virginia lawyer, they have some-

one that we believe is competent, is ethical, and

has integrity.”

He drew a conclusion similar to Judge

Crigler’s—that the most essential and valued skill

is legal writing. Significantly, it is the ability to

write well that is observed and assessed in law

firm legal internships and hiring decisions. Mr.

Dolan elaborated that the changes in law firm hir-

ing and practice driven by the economy (such as

clients indicating that they will not pay for work

done by first- and second-year associates) rein-

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“We must not lose sight of the imperative to serve members of rural and local communities in Virginia ...

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 29

force the need for this skill; a primary value of the

young associates’ work is to write—to produce

well-written and reasoned analyses.

He urged that we do something about the US

News & World Report law school rankings which

are having a distorting effect, and detract from

the job of educating future lawyers. In closing, he

returned to the notion of character as a core com-

petence to practice law, and pointed out that our

culture is saturated in materialism. We should

remember our aspirational heritage, and remind

students coming into the profession that the

“lions of the bar” were lawyers who were oriented

to public service.

Discussion and SuggestionsAudience discussion of the panel topic was

lively and wide ranging. Nonetheless, on the

specific subject of how to measure competence

to practice law:

Consensus was not reached that the bar exam

in its current form should be changed.

Concern was expressed about the high cost of

applying for licensure and preparing for the

examination on top of law school debt already

accrued. In light of that, what might law schools

do to help students with the bar examination?

Experience following the third-year program

at Washington and Lee is that the students are not

doing significantly differently on the bar exam.

But that should not detract from the point that it

is the fear of the exam that can drive law school

and law student reluctance to engage in too inno-

vative a curriculum.

Can law firms do more to assist with mentor-

ing and internship experience, through which

experienced practitioners will provide some prac-

tical skill instruction and assessments?

Pre-law requisites are seen as a possible way

to provide and measure skills competencies, plac-

ing some of the teaching and demonstration of

competence at an earlier stage in the continuum

of forming legal practitioners.

The panel was concluded by Professor

Reveley who also served as co-chairman of the

conclave. He offered three concrete actions that

could address identified issues:

• Alleviate concerns about the cost of commercial

bar preparation courses for applicants and their

uneven caliber of instruction by having law

schools take over the function, and at lower cost

to students;

• Expand law firm apprenticeships such as those

offered at Gentry, Locke, Rakes & Moore LLP to

enhance teaching of practical skills and core

competencies;

• Take steps to address the writing problem

(acknowledging that teaching writing is hard for

multiple reasons) by asking law schools to make

demonstration of competence in writing a con-

dition of admission and by having the bar exam

include a writing dimension.

There is a perceived tension between the

function of the Board of Bar Examiners and the

call upon law schools to innovate and revise cur-

ricula. Yet both parties share the common pur-

pose of minting young lawyers who will be

competent to take their place in society as ser-

vants of their legal clients. This suggests a more

focused dialogue between them to confirm com-

mon goals, and generate, evaluate, and flesh out

ideas that may help each perform their respective

jobs to meet those shared goals, while taking into

account the changing environment, including cul-

ture, resources, and identified public needs.

HOW SHOULD WE MEASURE PREPAREDNESS

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We should remember our aspirational heritage,

and remind students coming into the profession

that the “lions of the bar” were lawyers who

were oriented to public service.

30 www.vsb.orgVIRGINIA LAWYER | October 2012 | Vol. 61 | EDUCATION OF LAWYERS

Moderator W. David Harlessintroduced the third panel comprising

Justice Donald W. Lemons, Fairfax

County Attorney David P. Bobzien (who

also serves as the chair of the Virginia

Law Foundation’s CLE Committee),

Jacquelyn E. Stone of McGuireWoods,

and University of Virginia Professor

Richard D. Balnave, for an examination

of the continuing education of lawyers.

Perhaps the central message of this panel

was that it remains critical to provide

continuing education (and to pursue it as

a lifelong lawyer) in both core competen-

cies and practice management.

PresentationsMr. Bobzien drew from a University of Wisconsinsurvey to identify eleven core skills necessary for agood lawyer: communicate effectively in writing;be proficient in legal analysis and reasoning; com-municate effectively orally; do computer-assistedlegal research; exhibit professionalism, includingcivility; write legal briefs and memoranda; exer-cise good professional judgment; treat staff andclients with respect; do traditional legal research;interpret statutes using statutory construction andinterpretation; and manage time. A continuinglegal education program must provide training inthese core skills, even as it attempts to addressbroader issues of practice and management ofboth office and life.

He reported that the CLE Committee con-

sulted with the Young Lawyers Division of the

Virginia Bar Association whose principal intro-

duction to new attorneys is its “Bridge the Gap”

two-day seminar, with substantive concentration

in real estate transactions, estate planning and

administration, business organization, family law,

criminal law and practice, debtors’ and creditors’

rights, civil litigation, and ethics. Their analysis

has suggested, however, that a different model is

required that does not dwell excessively on areas

that replicate law school. Virginia CLE is therefore

rolling out “Backpack to Briefcase, the New

Virginia Lawyer.” This is a skills-oriented training

program involving interaction with seasoned

attorneys and judges. It will provide a one-day

course, and fifty weeks of unlimited access to sub-

stantive Virginia CLE online courses and live web-

casts in more than twenty practice areas. It will

involve an introduction to the VSB and the VBA,

panel discussions on management of expecta-

tions, effective communications with other

lawyers in your own firm, with opposing counsel

and with other outside lawyers. There is to be

instruction in client interviewing and communi-

cations, writing persuasive legal correspondence,

and effective use of technology and social media,

including instruction in the ethical implications

in the use of such technology. Training will be

provided in time management and accounting. A

segment will be provided on networking and

client development, and an introduction to the

resources available to Virginia lawyers. It will pro-

vide segments on managing student loans and

personal financial planning, and Virginia’s MCLE

requirements. There will be an introduction to

John Holland Foote is ashareholder with Walsh,Colucci, Lubeley, Emrich& Walsh, in PrinceWilliam. His practicefocuses on land useapprovals and related liti-gation. He has appearedin a broad range of com-plex matters in state andfederal courts, both trialand appellate. He is agraduate of LSU, andserved as an Armyinfantry officer inVietnam. After gradua-tion from UVA Law, hejoined the United StatesDepartment of JusticeHonors Program and wasassigned to the WhiteHouse staff to serve as thethird-ranking official ofPresident Ford’s VietnamEra Clemency Program.Mr. Foote currently serveson the board of gover-nors of the Virginia StateBar’s Section on theEducation of Lawyers.

How Do We Most EffectivelySeek to Educate LawyersThroughout Their Careers?by John H. FooteConclave 2012 Reporter

”EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 31

Lawyers Helping Lawyers. The program will close

with tips from the bench.

Justice Lemons reflected that we may well be

expecting too much of the law schools and that

much of the responsibility for professional train-

ing necessarily falls on the bench and bar. More

training occurs in context after one leaves school

and to that end he focused on mentoring and the

role of experienced practitioners and judges in

the nurturing of good lawyers. Mentoring has

exploded in the last decade and has come of age.

It has also become more formalized, in part

because many young lawyers become dissatisfied

with the profession early and leave to do other

things. Studies have also shown that solo and

small firm practitioners, without access to men-

toring relationships, suffer a higher rate of bar

complaints and of malpractice action, in part

because they often engage in an episodic practice

and do not have an opportunity to develop ongo-

ing relationships with clients. There is often no

mechanism to resolve client conflicts as there is in

firms where there are people to whom one can

turn. Mentoring seeks to provide the kind of

advice, guidance, and atmosphere for the lawyer

who does not otherwise have it.

These programs involve what the justice

described as prime movers: organizations, people,

or groups that have concluded mentoring is a

critical part of the training of the legal profession.

He noted that one of their limitations is that they

tend to be available in urban areas and not to

smaller communities where solo practitioners and

small firms may face the greatest need.

The justice described the Delaware require-

ment in which every law school graduate must

complete a five-month clerkship before they may

practice. This is a clinical and mentoring combi-

nation that can be satisfied while in law school or

afterwards, but the mentor must certify that each

aspiring lawyer has absorbed certain information,

and that they are of good moral character and fit-

ness to practice at the Delaware Bar.

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Panel III addressed the continuing education of lawyers. Panelists (left to right) were Professor Richard D. Balnave, of the University of Virginia; Jacquelyn E. Stone, ofMcGuireWoods; Supreme Court of Virginia Justice Donald W. Lemons; and Fairfax County Attorney David P. Bobzien. The moderator was W. David Harless, of Christian BartonLLP and president of the Virginia State Bar.

Mentoring seeks to provide the kind of advice,

guidance, and atmosphere for the lawyer who

does not otherwise have it.

32

Justice Lemons focused on the American

Inns of Court, of which he is the president. The

Inns exist solely to promote professionalism, civil-

ity, ethical behavior, and excellent work product

among the American bench and bar and focuses

on value- and skill-oriented teaching experiences

and preferably operates in groups of five, but no

fewer than three. The mentoring cycle lasts for

one year and involves not only attendance at lec-

tures on skill issues and the basics of practice, but

includes regular follow-up throughout that year.

The justice described law school as a founda-

tional experience, but it is to expect too much of a

law school to worry about the training of a lawyer

during the full course of a career.

Professor Balnave agreed that though a stu-

dent spends three years in law school, a practice

may last thirty-five and more years, and there are

now many different models of continuing educa-

tion. He agreed that some lawyers, especially at

the commencement of a practice, very likely need

substantive training in how to manage a challeng-

ing witness, or how to conduct an effective depo-

sition, and could benefit from programs such as

those offered at the Trial Advocacy College at

UVA. Others need more generalized or, alterna-

tively, more specialized training and it is the need

of the practicing bar and the goals that we seek to

achieve that properly determine our methods,

and not the other way around. One of his princi-

pal concerns, however, is that many lawyers sim-

ply do not know what they do not know, and

there is a need to provide grounding in substan-

tive areas defining what one needs to know if one

practices in such areas as family or criminal law.

While such programs need not teach about evi-

dence, trial techniques, or forensics, outlines of

the basics are needed to communicate an ade-

quate understanding of a practice area as a start-

ing point.

He described the Critical Issues Summit, a

cooperative effort between the ALI/ABA and the

Association for Continuing Legal Education. He

focused on two specific suggestions. The first is

whether states should, in granting credit for

courses, demand a description of the specific

objectives of the course, its learning objective.

This would assist the practitioner in making an

informed choice when looking at the large array

of possible continuing education programs. The

second is whether credit should be granted for

non-substantive continuing programs, for such

areas as information technology or law office

management. He observed that most of the disci-

plinary complaints against lawyers are office-

management related involving such matters as

trust funds, neglect, and a lack of proper conflict-

checking mechanisms, and yet there is no credit

given for training in these areas.

Ms. Stone described how McGuireWoods

has developed its in-house CLE programs. She

acknowledged her firm’s obligation to Thomas E.

Spahn, who has taught not only his firm’s lawyers,

but almost all Virginia lawyers. McGuireWoods

now offers 150 to 200 programs each year for

which each of its departments is responsible.

They focus on practice skills development for

which Virginians do not necessarily obtain credit

and there is a first-year orientation program,

and ongoing training in business development,

communication skills, work styles, transactional

writing, risk management, leadership and man-

agement skills, writing to clients, negotiations

skills, delegation and work allocation, and

accounting and finance. The firm sponsors

retreats for junior and mid-level associates. It has

a program for advanced legal editing given by an

outside consultant. The firm also focuses on

work-life balance and management of stress, as

well as pro bono and community service. All new

associates at McGuireWoods are assigned a pro

bono matter, and encouraged to continue such

work. The firm gives credit for that work to rec-

ognize its importance, and so that young lawyers

are not penalized in the world of maximization

of the billable hour. Young lawyers become

involved in new practice areas and early responsi-

bility, and obtain a clear sense of the need to

HOW DO WE MOST EFFECTIVELY SEEK TO EDUCATE LAWYERS THROUGHOUT THEIR CAREERS?

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... most of the disciplinary complaints against lawyers

are office-management related involving such matters

as trust funds, neglect, and a lack of proper conflict-

checking mechanisms, and yet there is no credit given

for training in these areas.

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 33

manage a client’s expectations, and have direct

client interaction.

The firm has a built-in mentoring system

where every attorney is assigned a supervising

partner who is responsible for helping with the

necessary tools to develop practice, learn areas of

practice, and meet other lawyers. The program is

established in the first two years of a lawyer’s

career and the key to its success is that it is affir-

matively encouraged and monitored in order to

measure its effectiveness. People are tasked with

the management of these programs, and the firm

has a director in charge of professional develop-

ment and attorney training, and managers who

focus on professional development and the

resources available. As lawyers advance there is

additional training on skills development in areas

such as the giving and receiving of effective feed-

back, leadership development, project manage-

ment, and techniques of successful mentoring.

Discussion and SuggestionsSharon D. Nelson offered that one group not

heard from was the law student. She said that stu-

dents with whom she has spoken are discouraged

and even angry about their legal education, and

she noted that there are about fourteen suits

against law schools alleging deceptive promises.

She criticized what she understood to be occur-

ring with post-graduation employment numbers,

to the effect that some schools are reporting

higher employment numbers than they achieved,

and that there are schools that have hired their

own graduates to increase their numbers. Dean

Paul Mahoney said that at UVA there is a fellow-

ship program for students that go into govern-

mental or nonprofit organizations. UVA

recognizes that it can dramatically improve the

chance of a student obtaining a permanent posi-

tion if he or she gets a subsidized position, so the

law school funds a full year of work. It has experi-

enced a tremendous rate of success in obtaining

permanent jobs for participants.

There were several suggestions for possible

changes to CLE rules to permit more nontradi-

tional courses in practice management and pro-

fessionalism. Justice Lemons noted that some

states provide CLE credit for mentors and their

protégés as an inducement for participation in

such programs.

Chief Justice Cynthia D. Kinser observed that

there had been insufficient discussion of how to

overcome Virginia’s geographical barriers to CLE.

A lawyer from Lee County must go to Roanoke

for programs, and it may take two days. The con-

clave should address how to bring lifelong career

training to the lawyers in areas where they repre-

sent and serve about seventy percent of

Virginians. She said that the bar must find better

ways to train lawyers from Lee County to the

Eastern Shore. It is not sufficient to talk only

about the substantive elements of offerings, but

also about how to make them convenient and

accessible. Thomas Strassburg, the executive

director of Virginia CLE, reported that they now

have more than 200 substantive programs online.

While that may not be an ideal means of legal

education, the presentations are very good. There

are also live, interactive webcasts. The CLE board

is aware that live interactivity is important, so

there is the four-hour requirement. But the inter-

active webcasts do provide additional opportuni-

ties for rural areas and are available at any

computer. Lee Livingston, former chairman of the

MCLE board, decried the demise of live CLEs,

and hoped that it remained possible to preserve a

space where people come together to study, so

that the bar could lean against the atomization of

our culture. Mr. Harless said that it was the

charge of our several state organizations to ensure

that the opportunities the chief justice referred to

are available not only electronically but live. He

said that there had been a time when one could

attend a live program in Abingdon, but no longer.

Concern was expressed that the student with

substantial debt should not have to pay for con-

tinuing legal education. Yet another supported the

concept of a phased admission process and sug-

gested that lawyers might obtain a provisional

certification, for one or two years under supervi-

sion of a licensed attorney, and then complete a

final exam before independent practice.

In closing, Professor Balnave said that when

he is teaching clinical courses his principal focus

is not so much on technical skills, but rather on

evidence of judgment and how decisions are made.

HOW DO WE MOST EFFECTIVELY SEEK TO EDUCATE LAWYERS THROUGHOUT THEIR CAREERS?

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34 www.vsb.orgVIRGINIA LAWYER | October 2012 | Vol. 61 | EDUCATION OF LAWYERS

The Honorable Gerald Bruce Lee

of the U.S. District Court, Eastern

District, introduced the forth panel made

up of the Honorable Cynthia D. Kinser,

Chief Justice, Supreme Court of Virginia;

Hugh M. Fain III, president, Virginia Bar

Association; Monica Taylor Monday, of

Gentry Locke Rakes & Moore; and the

Honorable Michael F. Urbanski, U.S.

District Court, Western District.

Judge Lee noted that the judiciary plays amajor role in the education of lawyers, and thosewho desire to become lawyers. Before turning tothe panel for the views of each on the role ofjudges in the education of lawyers, he commentedthat those who wear the robe of judicial authorityteach continually throughout the course of litiga-tion from pretrial through final judgment. Henoted that judges have a special responsibility inteaching about the law, not only in courtroomsettings, but by participating in activities outsidethat setting in law school courses, participating intrial advocacy and appellate advocacy classes, inmoot court competitions, and in continuing legaleducation programs for lawyers and other judges.

PresentationsChief Justice Kinser emphasized that the role ofthe judiciary in the education of lawyers beginswith judges setting the bar of what is expected oflawyers by being timely and well-prepared, byconducting themselves professionally and civillythroughout the course of litigation, and by

demanding those same characteristics of attor-neys who come before the courts.

It is the role of the Supreme Court to deter-mine the ethical standards that lawyers arerequired to obey when practicing law in Virginia.Those ethical standards represent the minimumrequired to obtain and maintain the license andprivilege to practice law in the commonwealth.The Supreme Court continues to review and alterthose standards as the practice of law changes,including the impact of the rapid advancement oftechnology, to ensure that standards for licensurekeep pace with the practice of law.

Judges have a responsibility to impress uponlawyers that the license to practice law in Virginiarequires more than simply abiding by minimumethical standards. The oath of office taken by eachlawyer includes the pledge “to act courteously andprofessionally demean oneself” in the practice oflaw. Judges have the ongoing responsibility toremind attorneys, and each other, of the require-ment to conduct themselves courteously and pro-fessionally in matters coming before the courts.

The Supreme Court also sets requirementsimposed on lawyers who seek to practice law inVirginia through reciprocity, when those individ-uals have not successfully completed the VirginiaBar Exam, have not attended the mandatory pro-fessionalism course required as a condition of thelicense to practice law in Virginia, or completed asimilar course in the state of their licensure.

Chief Justice Kinser reminded that being ajudge is very isolating, and that being an appellatejudge is even more isolating. As a result, lawyersmay be hesitant to ask judges for feedback onhow they are doing. Judges have a responsibilityto break that barrier and let lawyers know thatmembers of the judiciary are willing to discussmatters of performance in and out of the court-room, and are willing to participate in continuing

Walter S. Felton Jr. waselected to the Court ofAppeals of Virginia inSeptember 2002, and hasserved as chief judgesince April 2006. JudgeFelton served as a Captainin the United States ArmyJudge Advocate GeneralCorps 1969–73, at whichtime he began his lawpractice in Suffolk,Virginia. In 1982, JudgeFelton was appointed tothe faculty of the William& Mary Law School,where he subsequentlyattained the rank of pro-fessor of law, and servedas Legislative Counsel forthe college. He alsoserved as administrator ofthe Commonwealth’sAttorneys Council, thestate agency responsiblefor training the common-wealth’s prosecutors. In1994, he was appointed asdeputy attorney generalof Virginia, heading theIntergovernmental AffairsDivision, and in 1995 wasappointed as senior coun-sel to the attorney gen-eral. He served as counselto the governor for fouryears. He is a member ofthe Judicial Council ofVirginia, the executivecommittee of the JudicialConference of Virginia,and the State/FederalJudicial Conference.

Do Judges Have a MeaningfulRole in Legal Education?by the Honorable Walter S. Felton Jr.Conclave 2012 Reporter

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 35

legal education programs. And in those settings,whether formally or informally, judges shouldgive feedback to attorneys, not case specific, butgenerally, regarding effective and persuasive legalwriting, oral communications, and the impor-tance of being prepared. Judges should engagelawyers appearing before their courts in conversa-tions regarding the application of particularstatutes, rulings on motions, and in other mattersthat impact their effectiveness in the courts.

Mr. Fain said local and statewide bench/barrelationships and regular bench/bar meetings areparticularly important in the continuing educa-tion of lawyers. Formalized bench/bar meetings,often accompanied by a meal in an informal set-ting, go a long way in the continuing education oflawyers, and the development of professional rela-tionship between the bench and the bar. Thoseperiodic gatherings of lawyers and judges areimportant not only for the social discourse, butequally important for the educational conversa-tions and presentations made during those gath-erings. Bench/bar meetings where judges areinvited to discuss ongoing issues as well as devel-oping issues tend to be well attended both

because of the educational value to the attendeesas well as the opportunity to exchange ideas. Areajudges invited to host a table at these events facili-tate informal discussions regarding developmentsin the law, best practices in particular courts, aswell as other matters of local concern. Sadly, inmany of the more rural areas, the travel distanceoften makes bench/bar gatherings more difficult,if not unworkable.

Mr. Fain emphasized the need for the bar tospeak out to the bench about what the lawyersbelieve are matters that they need to be educated

about. Bar leadership needs to be more active inmaking an outreach to the bench, particularly to

www.vsb.org

Panel IV examined the rule of judges in the education of lawyers. Panelists (left to right) were the Honorable Michael F. Urbanski, U.S. District Court, Western District; MonicaTaylor Monday, of Gentry Locke Rakes & Moore LLP; Hugh M. Fain III, of Spotts Fain PC and president of The Virginia Bar Association; and the Honorable Cynthia D. Kinser, ChiefJustice, Supreme Court of Virginia. The moderator was the Honorable Gerald Bruce Lee of the U.S. District Court, Eastern District.

”Sadly, in many of the more rural areas, the travel

distance often makes bench/bar gatherings more

difficult, if not unworkable.

Judges and Education continued on page 38

Hugh M. Fain III (left), president of The Virginia Bar Association,and W. David Harless, president of the Virginia State Bar, attended the conclave.

The Supreme Court of Virginia was well-represented at the conclave. Attending (left to right) were the Honorable Elizabeth A. McClanahan, the Honorable LeRoy F. Millette Jr., Senior Justice Elizabeth B. Lacy, the Honorable Donald W.Lemons, the Honorable William C. Mims, Chief Justice Cynthia D. Kinser, the Honorable S. Bernard Goodwyn, and theHonorable Cleo E. Powell.

VSB President-elect Sharon D. Nelson made a point during a conclave session. Among the audience were (front row, left to right) the Honorable Pamela Meade Sargent and the Honorable Teresa M. Chafin; (second row, left to right) John J. Davies III, the Honorable LisaHicks-Thomas, Jackie Stone, Monica Taylor Monday, Mark E. Grunewald, and Mary Z. Natkin;(back row, left to right) William E. Glover and Karen A. Gould.

Representatives from all eight Virginia law schools attended the sessions. Pictured (left toright) are Associate Dean Rena M. Lindevaldsen, from Liberty University; Dean David N. Yellen,from the Loyola University Chicago School of Law (guest speaker); Dean Daniel D. Polsby, fromGeorge Mason University; Dean Davison M. Douglas, from William and Mary; Dean Clinton W.Shinn, from Appalachian School of Law; Mark H. Grunewald, former Interim Dean at Washing-ton and Lee University; Dean Paul G. Mahoney, from the Univesity of Virginia; Dean Jeffery A.Brauch, from Regent University; and Dean Wendy C. Perdue, from the University of Richmond.

Conclave leaders included William R. Rakes, of Gentry Locke Rakes & Moore LLP,who was the vice-chair; the Honorable Cynthia D. Kinser, Chief Justice of theSupreme Court of Virginia, who was honorary chair; and W. Taylor Reveley III,president of William and Mary, who was chair.

The Honorable Gerald Bruce Lee, of the U.S. District Court forthe Eastern District, was moderator of Panel IV, “Do judgeshave a meaningful role in legal education?”

20th Anniversary Conclaveon the Education of Lawyers in Virginia

Conclave participants found time to chat and exchange ideas between panel sessions. Professor Margaret Ivey Bacigal, of the University of Richmond School of Law, talked with former VSB President William D. Dolan III (center) from Venable LLP and John Holland Foote,from Walsh, Colucci, Lubeley, Emrich & Walsh PC.

Anita O. Poston, a member of the Virginia Board of Bar Examiners, talked with VirginiaSupreme Court Justice Donald W. Lemons (center) and W. Scott Street III, secretary of theBoard of Bar Examiners, during a break between panels.

Justice William C. Mims addressed a question to oneof the panels during the second day of the conclave.

Former Governor Gerald L. Baliles, of the Miller Center ofPublic Affairs, spoke during the first day of the conclave.

The bar, bench, and the academy were deeply involved in the discussions. Among those attending (left to right) were Washington& Lee Professor A. Benjamin Spencer, chair of the Section on the Education of Lawyers; the Honorable Gerald Bruce Lee, of theU.S. District Court, Eastern District; William and Mary President W. Taylor Reveley III; William E. Glover, of Glover & Dahnk; the Honorable Walter E. Felton Jr., chief judge, Court of Appeals of Virginia; VSB President W. David Harless, of Christian & Barton LLP;William R. Rakes, of Gentry Locke Rakes & Moore LLP, VSB Executive Director Karen A. Gould; and David P. Bobzien, immediatepast-president of the Virginia Law Foundation, which helped finance the conclave.

April 22 & 23, 2012The Boar’s Head, Charlottesville

38

provide guidance in how to deal with the new

world of electronic discovery, the impact of tech-

nology on the preparation of litigation for trial,

and the use of technology in the trial of cases.

In her remarks, Ms. Monday expressed the

continuing need of judges to police the occasional

unprofessional conduct and statements in litiga-

tion practice, including ad hominem attacks on

opposing counsel and parties in both trial briefs

and appellate briefs.

Recently, there have been and continue to be

increasing reports of a lack of civility and profes-

sionalism in the manner lawyers speak to each

other both at the trial and the appellate levels.

Judges are increasingly asked to consider charges

of deceit, unprofessional and unethical behavior

in cases before the courts. Yet, for whatever rea-

son, motions seeking sanctions frequently are not

filed, thereby encouraging that conduct to con-

tinue. Often, it is difficult for the courts to address

the issue when there is no clear breach of the

Code of Professional Responsibility.

Ms. Monday provided some examples of

statements in pleadings or briefs gathered from

various courts. Somehow opposing counsel’s rep-

resentations are not just wrong anymore, they are

“absurd,” “ridiculous,” “disingenuous,” and

“myopic in our view of the world and prone to

wild exaggeration.” Instead of being incorrect,

opposing counsel are “hopeless,” they “engage in

subterfuge,” “obfuscate the facts,” “employ a selec-

tive memory,” and “try to pull the wool over the

court’s eyes.”

She noted that when judges do intervene and

impose sanctions and make disciplinary com-

plaints, that intervention educates offenders of

the unacceptability of the behavior and that such

behavior demeans our system of civilly resolving

disputes between litigants.

Unfortunately, heavy court dockets at times

do not allow a swift response by judges when

informed of the unacceptable behavior and, when

sanctions are imposed, concern arises that the

intervening judge may have abandoned the role of

impartial and unbiased decision-maker in resolv-

ing the legitimate dispute between the litigants.

At times, even judicial intervention in unpro-

fessional behavior does not act as an impediment.

Judges may be concerned about re-election by the

General Assembly when the offending lawyer

makes a complaint of being disciplined by a judge

to local legislators, who are increasingly non-

lawyers, and that concern often becomes an

impediment to prompt sanctions being imposed,

and creates some impunity on the part of the

offending lawyers.

The Virginia Bar Association developed and

advanced the Principles of Professionalism as

guidelines for the practice of law. Those principles

were approved by the Supreme Court of Virginia,

further providing education for lawyers.

Having judges appear at Continuing Legal

Education programs across the commonwealth to

address unprofessional and uncivil behavior sends

the important message that unprofessional and

incivility will not be tolerated.

Having judges appearing at local bar associa-

tion meetings to talk with lawyers about protect-

ing their reputations while zealously representing

their clients, and about what is not acceptable lan-

guage in briefs and in oral presentations, is also

an important part in the continuing education of

lawyers by the judiciary. Judges educate lawyers by

returning briefs for replacement when the docu-

ments contain ad hominem attacks or inappropri-

ate language, or by taking recesses when a lawyer

crosses the line of civility to deal with that behav-

ior. Quiet teaching moments, as when judges

open court with an announcement that profes-

sional demeanor and courteous behavior is

expected, create educational moments that can go

a long way toward maintaining appropriate deco-

rum in the courtroom. Judges also educate by

being patient, prepared, professional, and civil; by

letting lawyers do their jobs; by listening carefully

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“Recently, there have been and continue to be increasingreports of a lack of civility and professionalism in the

manner lawyers speak to each other both at the trial

and the appellate levels.

Judges and Education continued from page 35

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 39

to arguments presented, and promptly disposing

of matters before the court.

Judges should encourage pro bono work by

lawyers as places where honing legal skills under

difficult circumstances can lead to more compe-

tent representation generally.

Judges should encourage involvement in

mentoring activities for new lawyers, whether

informally through the local bar association,

within the law firm, or in connection with men-

toring programs such as provided by local chap-

ters of the American Inns of Court, or other

mentoring programs, especially when that can be

done in conjunction with a law school and

involve educating law students.

Judge Urbanski noted that while the courts

have a limited role in legal education, it is the role

of the judge to ensure that the trial is conducted

professionally and civilly.

Leading by example goes straight to the area

of core competence and preparation. The judge

sets the example of what is expected of lawyers by

being competent, by being prepared, by not being

rude, by letting the lawyers do their jobs, by lis-

tening to the lawyers, by letting them make their

arguments, and by being patient in rulings from

the bench.

The visible world of civility and professional-

ism by judges and lawyers is vitally important to

public confidence in our system of justice.

However, it is the invisible world of incivility and

a lack of professionalism outside the courtroom

that the court doesn’t see. It is the lawyer who

doesn’t return phone calls, the lawyer who refuses

to give deposition dates because the lawyer does-

n’t want the deposition taken. It is the lawyer who

is just hard to deal with on a daily basis. It is this

invisible world that judges need to tackle.

Sanction motions triggered by the refusal of a

lawyer to agree to a time and place of a deposition

should send messages—that is educate—lawyers

that such behavior will not be tolerated.

Judges educate by being open and accessible

to settle litigation disputes that occur outside the

courtroom.

Education by the law schools in core compe-

tency for those who want to be trial attorneys is

important. Judges should participate in that edu-

cational process.

The ineffective assistance of counsel cases,

both state and federal habeas cases, suggests that

cases are being handled by lawyers who lack abil-

ity to try even simple criminal cases. Local bar

associations, with the assistance of local judges,

are capable of providing low-cost or no-cost

training programs for those lawyers who want to

represent indigents who are charged with crimi-

nal offenses, particularly those young lawyers who

by economic necessity or by a sense of ethical

duty want to be counsel in those cases, but are

without the experience necessary to provide com-

petent representation. Judges should encourage

and participate in that training where possible.

Judge Urbanski also suggested that lawyers

can obtain experience and training by doing pro

bono work. Federal courts are encouraging

lawyers to participate in §1983 cases, with local

training of lawyers to handle those cases.

Obtaining local training with judge participation

increases the core competency of those who

undergo that training and increases the availabil-

ity of lawyers to do those cases, while lawyers gain

valuable federal trial experience.

Discussion and SuggestionsJudge Lee said that among the lessons learned

from the panel is that judges provide the best role

model by themselves being prepared to make

proper rulings on motions and by requiring that

cases be tried with civility and professionalism.

Judges provide education for lawyers through

participation in continuing legal education pro-

grams, by participating in local bar activities, by

teaching courses in law schools, and through

mentorships of beginning lawyers, and using law

student interns and law clerks in their chambers.

He called attention to various summer programs

sponsored by the American Bar Association, such

DO JUDGES HAVE A MEANINGFUL ROLE IN LEGAL EDUCATION?

www.vsb.org

Judges educate by being open and accessible

to settle litigation disputes that occur outside

the courtroom.

40

as the Judicial Internship Opportunity Program

where students work in state and federal judges’

chambers. Other summer programs provide

opportunities for judges to participate in pro-

grams for disadvantaged young people with the

assistance of volunteer lawyers, where the partici-

pants come into court, do mock trials, see the

judges as problem solvers and caring individuals.

In response to a question, Chief Justice

Kinser said that appellate judges and justices are

disconcerted when briefs are poorly written, or

meritorious issues are not raised or not argued,

but that appellate courts must walk a fine line in

remaining impartial and not becoming advocates

for one side or the other.

Taylor Reveley, conclave chair, said that the

issue of legal writing permeated a good bit of the

discussion during the conclave panels, and asked

whether members of the judiciary would think it

appropriate, quietly in chambers perhaps, to sug-

gest to a lawyer that some legal writing instruc-

tion might be helpful to that person. Judge Lee

responded that he would be very reluctant to do

that, particularly if the lawyer in question thought

that he wrote well. He noted that clearly there are

lawyers who are well known for writing well and

with clarity, but often the written product, while

well-written, after further review misstates case

law or statutory authority. It is equally important

that judges and opposing counsel can trust what

is being written as being accurate, especially when

reciting legal precedents in support of the writer’s

position in a case.

Chief Justice Kinser also suggested that while

well-written briefs are invaluable in assisting the

decision-maker, oral argument remains a tool for

judges to ask counsel to clarify what is written in

the brief. She encouraged the law schools to assist

law students to find internships with judges,

whether during the law school year, or in the

summer, even if pro bono, to hone their writing

skills. She also suggested that bench/bar meetings

even in the smaller, more rural areas had potential

to continue to educate those with legal writing

problems, and the local judge could encourage

the lawyer to attend a course in legal writing,

either in person or remotely, or be assigned a

mentor to help with legal writing.

DO JUDGES HAVE A MEANINGFUL ROLE IN LEGAL EDUCATION?

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The conclave is online.

For more coverage of the 20th Anniversary Conclave on the Education of Lawyers inVirginia, including transcripts, meeting materials, photos, and DVD availability, visit

http://www.vsb.org/site/members/20th-anniversary-conclave.

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 41www.vsb.org

Despite this (or perhaps because of it), the sense

of community at our recent conclave—the sense

of our all being in it together—was strong,

indeed far stronger than at conclave 1992. Law

deans and professors, practicing lawyers, and

judges in 2012 all saw a need to work together for

the lifelong pursuit of legal education.

Participants in conclave 2012 carried on a

rich, often sharply pointed conversation about

how best to move forward, and they did so with

almost no finger pointing or defensiveness, and

no suggestion that either law schools, or law

firms, or courts should pull the laboring oar while

the others coast on theirs. There was consensus

that the lifelong education of our learned profes-

sion takes sustained effort by everyone, whether

law professor, practicing lawyer, or judge.

Any gathering as collegial and productive as

the 20th Anniversary Conclave generates a profu-

sion of suggestions about remedial steps and

promising initiatives. Often such a wealth of ideas

paralyzes us. So much is suggested that focus falls

on nothing, with predictable results. Failure to

home in on a very small number of potential

steps forward leads to lots of talk, no action. Very

promising proceedings bear little fruit.

Let me suggest a few ways in which the 20th

Anniversary Conclave might avoid this fate. By no

stretch of the imagination do these ways embody

the only important ideas to emerge at the con-

clave. If even one of these conclave 2012

emphases resulted in a concrete step forward for

the education of lawyers in the commonwealth,

however, this could have a galvanizing effect on

the pursuit of other good ideas. Successfully tak-

ing one step forward does sometimes spur a sus-

tained forward march.

What if the VSB Section on the Education of

Lawyers were to choose one of the ideas about to

be noted, propose how to implement it with roles

for law schools, law firms and departments, and

courts, and then rally support for implementation

via bar associations, starting with the State Bar?

That just might work.

FIRST, what if we took on legal writing? Its

sad state is a constant source of frustration and

hand-wringing at conclaves and other gatherings

of lawyer leaders. Let’s see if something remedial

W. Taylor Reveley III isthe 27th president of theCollege of William &Mary and its John StewartBryan Professor ofJurisprudence. He waspreviously dean ofWilliam & Mary LawSchool and, earlier, hepracticed law at Hunton& Williams for almostthree decades, includingnine years as the firm’smanaging partner.Reveley clerked for JusticeWilliam J. Brennan Jr. atthe U.S. Supreme Courtand has written exten-sively about the constitu-tional division ofauthority between thepresident and Congressover American use offorce abroad. He hasserved on many educa-tional and cultural boardsincluding those ofPrinceton University,Union TheologicalSeminary in Virginia, St.Christopher’s School, theAndrew W. MellonFoundation, the CarnegieEndowment forInternational Peace, theVirginia Museum of FineArts, and the VirginiaHistorical Society.

A Few Suggestions for Steps Forward:

Writing, Training, Mentoring, and Money

by W. Taylor Reveley IIIConclave 2012 Chair

When the first Conclave on the Education of Lawyers in Virginiatook place in 1992, the road ahead for the legal profession seemed paved with opportu-

nity, not difficulty. We lawyers were on a roll. Our 20th Anniversary Conclave occurred

in more austere times. Each pillar of the profession—the legal academy, practicing bar,

and bench—confronts a need common to all facets of the American economy these

days: how to continue to perform with excellence but at less cost. We lawyers are not on

a roll in the early 21st century, and our way forward is unclear.

42

WRITING, TRAINING, MENTORING, AND MONEY

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might actually be done before the next conclave

meets in some future year. What might reasonably

and realistically be asked of law schools—that

they focus each and every student on the basics of

good legal writing, provide enough well qualified

teachers genuinely committed to the mission to

get the job done for each student, and perhaps

even certify in some fashion that each student has

in fact mastered the basics? Then what might be

asked of bar examiners—that they require as a

mandatory aspect of bar passage a demonstrated

capacity to handle the basics of legal writing?

What might be asked of law firms and depart-

ments—a meaningful period of apprenticeship

for new lawyers, including emphasis on legal writ-

ing, and an abiding firm-wide commitment to

good writing made manifest in concrete ways?

And what might be asked of judges—sustained

pushback against the misuse of facts and author-

ity in papers filed with them, and a willingness to

intervene and seek help from the organized bar

when confronted with lawyers incapable of writ-

ing? There is nothing talismanic about any of

what’s just been sketched, and it’s all at a high

level of generality. The proverbial devil awaits in

the details. But the Education of Lawyers Section

could sort them out. It is clear that if we are to

improve legal writing in the commonwealth, we

all must have skin in the game—law deans and

professors, law firms and law departments in cor-

porations, agencies and non-profits, and judges.

SECOND, there was concern at the conclave

about whether MCLE too narrowly restricts the

sorts of skills training that might reasonably

qualify for credit, and there was concern about

the difficulty of getting credit-bearing courses to

the far reaches of the commonwealth. These

seem like matters ripe for relatively easy resolu-

tion if the Education of Lawyers Section were to

focus the pursuit.

THIRD, what about law firms and depart-

ments in Virginia getting seriously into the men-

toring and apprenticeship business? There was

strong interest at the conclave of this possibility

and discussion of useful models elsewhere. Such

a regime could have wonderful effects for the

young apprentices as well as the firms and

departments. The need is especially great in an

era when much mentoring that used to occur

has fallen prey to high billing rates, the press for

billable time, and the reluctance of clients to

have young lawyers anywhere near them if they

come with their meters on.

FOURTH, cost is a growing hurdle that law

schools must learn to jump if they are to continue

to command students of the sort they want. An

element of cost is incurred to study for the bar.

What might law schools, with the aid and com-

fort of the organized bar, practicing lawyers, and

judges, do to lessen this burden? Would it be fea-

sible for all law schools, even the most elite, to

provide an elective credit-bearing survey course

focused on likely bar subjects in the final term of

law school, expressly to help students review and

remember? Could law schools provide their own

bar preparation courses in the summer at materi-

ally less cost than the norm for commercial

courses, relying on a few of their own professors

and others drawn from firms and the bench?

Let me end with one last thought that also

commanded consensus at the conclave. Law is a

calling at least as much as it is a living, a busi-

ness. We lawyers can do an enormous amount of

good for society, and in so doing we can find

great satisfaction. But it’s hard to do much good

or find much satisfaction if we ignore the calling

aspect of our profession. Perhaps this is the idea

on which the Education of Lawyers Section

might focus its implementing thoughts for the

lifelong learning of lawyers. Even the most griz-

zled and disenchanted legal dog is not beyond

reach of a calling if only he or she could be

brought face to face with its seductive power.

This takes education.

Law is a calling at least as much as it is aliving, a business.

EDUCATION OF LAWYERS | Vol. 61 | October 2012 | VIRGINIA LAWYER 43www.vsb.org

W. Taylor Revely III — chair

President

The College of William and Mary

Williamsburg

William R. Rakes — vice chair

Gentry Locke Rakes & Moore LLP

Roanoke

The Honorable B. Waugh Crigler

United States Magistrate Judge

United States District Court, Western District of Virginia

Charlottesville

The Honorable Walter S. Felton Jr.

Chief Judge

Court of Appeals of Virginia

Richmond

John H. Foote

Walsh Colucci Lubeley Emrich & Walsh PC

Prince William

Interim Dean Mark H. Grunewald

Washington & Lee University

Lexington

Lawrence H. Hoover Jr.

Hoover Penrod PLC

Harrisonburg

Assistant Dean Richard K. Kelsey

George Mason University School of Law

Arlington

The Honorable Elizabeth B. Lacy

Senior Justice

Supreme Court of Virginia

Richmond

The Honorable Donald W. Lemons

Justice

Supreme Court of Virginia

Nellysford

Professor James E. Moliterno

Washington & Lee University

Lexington

Dean Clinton W. (Wes) Shinn

Appalachian School of Law

Grundy

Jeffrey M. Summers

Summers Law Office

Richmond

Ex Officio

Professor A. Benjamin Spencer — section chair

Washington & Lee University

Lexington

Elizabeth L. Keller — section liaison

Virginia State Bar

Richmond

Virginia State BarSection on the Education of Lawyers in Virginia

2012 Conclave Planning Committee

VIRGINIA LAWYER | October 2012 | Vol. 6144

The Virginia Office for Protection andAdvocacy (VOPA) is a small but ener-gized state agency. It is part of a nation-wide network of such agencies thatreceive federal grants to assist individualswith disability-related issues. Sometimesthese issues are life changing and involveproblems such as abuse, neglect, employ-ment, or housing discrimination. Othertimes these issues are life enhancing andinvolve something as simple as going tothe movies on the show’s opening week-end and enjoying the show.

Steven M. Traubert is an attorneywho works for VOPA and he is a moviebuff. Thus he was especially motivated tohelp a movie-loving deaf client. Arguablythis client had illegally been deniedaccommodation at a movie theaterbecause of an industry practice of notoffering a captioned showing of a newmovie until the third or fourth weekafter its original release.

Following the age of silent films,individuals with hearing impairmentshave faced challenges to fully enjoying amovie in a movie theater. Various tech-nologies (including both open andclosed captioning) have been developedto address this concern. Open captioningin a film theater is accomplishedthrough burned-in captions which pro-ject the text of what words are beingspoken on the screen. These captions arevisible to everyone, like subtitles in a for-eign film. Movie theater chains havebeen reluctant to make open captionedshowings universally available partlyfrom a belief that use of the technologywould negatively affect the experience ofmovie-goers not dependent on the cap-tioning and thus reduce theater revenue.

Closed captioning refers to anytechnology that allows as few as onemember of the audience to view the cap-tions. In recent years, the best-known

closed captioning option for movie the-aters has been the “rear window” cap-tioning system. This technology worksby providing movie patrons requiringcaptions with a panel device that reflectscaptions for the viewer, but is nearlyinvisible to surrounding patrons. Thepanel can be positioned so that theviewer watches the movie through thepanel and captions appear either on ornear the movie image. A problem for themovie-goer using this technology is thatit is sometimes necessary to sit in a cer-tain area of the theater to obtain the bestangle for reflecting the backward text. Amajor problem for movie theaters hasbeen the cost of the hardware andlicense fees charged by the distributors ofthe proprietary software.

Special effort has been made tobuild accessibility features into newerdigital projection systems. A digital captioning device called the DTS-CSS(Cinema Subtitling System) is a combina-tion of a laser projector which places thecaptioning (words, sounds) anywhereon the screen and a thin playback devicewith a compact disc that holds manylanguages. This eliminates the propri-etary caption distributions required forfilm and the associated royalties. Filmdistributors have largely underwrittenthe cost of movie theaters converting todigital films because of the enormoussavings realized by the distributors inbeing able to produce a master digitalversion that can be inexpensively repro-duced and delivered to theaters in lieuof tapes.

With digital films, the captioningtechnology is already embedded at noextra cost to the theater—it is simply aquestion of when the theater wants toturn on the captioning. The hearingimpaired moviegoer only needs a specialpair of glasses available at the theater

and she can sit where she wants and notbe a distraction to her neighbors.

However, according to the NationalAssociation of the Deaf ‘s “Movie AccessCoalition,” even with the new technol-ogy, only a small percentage (less than 5percent) of all the movies being shownnationally in movie theaters are shownwith captions, and mostly well past theshow’s opening weekend.1 Past litigationefforts in different parts of the countryto require captioning at all theaters (butnot on all screens at a multiplex theater)were not successful based largely on thecost of the technology and the projectedlost revenue.

Traubert took the position that inlight of the new technology eliminatingthe cost barriers, this was indeed an issuethat came within the reach of theAmericans with Disabilities Act.2 Insteadof arguing that it was a reasonableaccommodation to require that all the-aters provide a captioned option for allopening shows, he took the position thatit was reasonable to require that a cap-tioned option for an opening show beavailable on a rotational basis. This argu-ment was based on regulations involvingphysical accessibility of theaters where amovie theater was not required to makeall of its theaters handicapped accessible.Rather, they were required to rotate filmsso that each new film was eventuallyavailable at an accessible theater.

Put in terms of Traubert’s client’sposition, if he wanted to see “TheAvengers” with captions on openingweekend, he should be able to go to atleast one theater in his locality and seethe film with his friends. After all, partic-ipating in new releases of popular filmssuch as the “Harry Potter” series, or the“Batman” movies, has become a culturalexperience.

Access to Legal Services

www.vsb.org

Access, Advocacy, and “The Avengers”by Darrel Tillar Mason

Vol. 61 | October 2012 | VIRGINIA LAWYER 45

Through its advocacy efforts, VOPAwas able to reach out to Regal Cinemasand provide demographic informationregarding the population of deaf and hardof hearing individuals in the Norfolkand Richmond Areas. As a result, RegalCinemas has made captioning technol-ogy widely available in Norfolk andRichmond, enabling millions ofVirginians to have access within anhour’s drive to captioned films at anyshowing at a Regal Theater using digitalformat.

This is a win for Traubert’s clientand is a win for Regal Cinemas as well.

Endnotes:1 http://www.nad.org/issues/technology/

movie-captioning2 Americans with Disabilities Act of 1990.

Pub. L. 101-336, July 26, 1990, 104 Stat.327 (42 U.S.C. 12101 et seq.

Access to Legal Services

www.vsb.org

Darrel Tillar Mason, a disability rights attorneyand member of the Virginia State Bar Council,was elected chair of the board of the VirginiaOffice for Protection and Advocacy effectiveJuly 1, 2012.

CALL FOR NOMINATIONS

2013 LEWIS F. POWELL JR. PRO BONO AWARD

The Lewis F. Powell Jr. Pro Bono Award was established by the Special Committee on Access to LegalServices of the Virginia State Bar to honor those attorneys and attorney groups that have made

outstanding pro bono contributions. The award will be presented at a ceremony in 2013.

The deadline for receipt of nominations by the bar is 5:00 PM, Friday, January 25, 2013.

For more information visit http://www.vsb.org/site/pro_bono/resources-for-attorneys/ and scroll to Awards & Honors.

CALL FOR NOMINATIONS

2013 Oliver White Hill Law Student Pro Bono Award

The Oliver White Hill Law Student Pro Bono Award was established by the bar’s SpecialCommittee on Access to Legal Services to honor extraordinary law student achievement in the

areas of pro bono publico and under-compensated public service work in Virginia.

The deadline for receipt of nominations by the bar is 5:00 PM, Friday, January 25, 2013.

For more information visit http://www.vsb.org/site/pro_bono/resources-for-attorneys/ and scroll to Awards & Honors.

VIRGINIA LAWYER | October 2012 | Vol. 6146

Lawrence R. Baca, who has been citedfor having worked on more civil rightscases involving American Indians thanany other attorney in the history of theDepartment of Justice, was recentlyhonored by the ABA for his consider-able achievements. He was presentedwith the American Bar AssociationThurgood Marshall Award for 2012 bythe Section of Individual Rights andResponsibilities at the August 4, 2012,annual meeting in Chicago.

Baca, a member of the Virginia StateBar since 1977, retired in 2008 afterthirty-two years with the United StatesDOJ in the Civil Rights Division and theOffice of Tribal Justice. Cases he workedon include the first DOJ case to securethe rights of American Indians to runfor state or county office; the first case tosecure the right of American Indians,whose languages are historically unwrit-ten, to receive election informationorally in their own language; and thefirst case in which a federal court ruledthat American Indians have a rightunder the 14th Amendment to equaleducational opportunities from thestates in which they live because they arecitizens of those states. Baca also filedDOJ’s first five racial redlining cases toenforce the Equal Credit OpportunityAct and all of them were on behalf ofNative Americans. Indian Country Today,the largest circulation Indian-ownednewspaper in the country, called him“the grandfather of Indian countrycredit.”

“Tonight you have planted meamong the tall trees of our professionand of the civil rights movement,” Bacatold the audience at the awards dinner.

The redlining cases “brought abouta credit revolution in Indian country,”Baca said. “Two federal banking regula-tory agencies changed their anti-dis-crimination regulations with respect toresidents of Indian reservations, citingmy cases against General Motors

Acceptance Corporation and The GreatWestern Bank as precedent. The doors tofair credit access for Indians were flungopen.”

In a 2002 interview, Baca said one ofthe most vivid memories of his childhoodwas the scars he saw on his father’s chest.Baca’s father was stabbed twenty-seventimes when he accidentally went into a“white’s only” bar in 1939. His attackerswere never charged. As everyone from thesheriff to the attorneys in the state attor-ney general’s office was white, there waslittle hope for justice for an AmericanIndian in that time and place.

This memory drove Baca to lawschool and led to his life’s mission.

“It’s important to see people of allcolor,” Baca said during the interview.He said the presence of minorities in thecourtroom is crucial to the realization ofjustice, noting that people are morecomfortable and more confident thatthey’re getting a fair hearing if there areothers there like them.

Baca, a Pawnee Indian, said his mostimportant contribution at DOJ was, “Ichanged the face of the Department ofJustice by recruiting more AmericanIndian attorneys to the department.” Hewas an active recruiter and role model.When he arrived at the DOJ there wasone other American Indian attorney. Bythe 1990s there were twenty-sixAmerican Indian attorneys at main jus-tice. Baca says he didn’t recruit everyAmerican Indian lawyer who has everworked at the DOJ, but the ones he did-n’t recruit most likely were recruited bysomeone who he did recruit.

The Thurgood Marshall Award isjust one of the major honors he hasreceived. In February 2008, the ABA pre-sented him with its Spirit of ExcellenceAward for his work on diversity in thelegal profession and for opening doors atthe DOJ for American Indian lawyers. InApril 2008, the Indian Law Section of theFederal Bar Association created the

Lawrence R. Baca Lifetime AchievementAward for Excellence in Federal IndianLaw to honor his career as a bar leaderand civil rights lawyer. He was the firstrecipient. Also in April 2008, immediatelybefore his DOJ retirement celebration,Baca was presented with the AttorneyGeneral’s Medallion by then AttorneyGeneral Michael B. Mukasey. It is thehighest award the attorney general canpresent to a retiring employee and hadonly been presented six times since 2000.

“I am not sure how you respond toany of those honors except with completehumility. The Federal Bar Associationhas a very small number of awards thatare named after individuals. That putsme in a pretty exclusive class. I am hum-bled by the gesture of my FBA col-leagues. And it was my co-workers at theOffice of Tribal Justice who nominatedme for the Attorney General’s Medallion.That was a bit overwhelming,” Baca said.

On September 12, 2009, Baca wasinaugurated as national president of the16,000 member Federal Bar Association.He made history in becoming the firstAmerican Indian president of a nationalnon-minority bar association.

Access to Legal Services

www.vsb.org

VSB Member Receives Thurgood Marshall Award atABA Annual Meeting

Marshall Award continued on page 64

Vol. 61 | October 2012 | VIRGINIA LAWYER 47

Legal Aid produces results—not onlyfor the low-income people who receivecivil legal services, but also for the com-munities they live in.

Legal Aid returned a measurable$139 million to Virginia communities infiscal 2009–10. Every dollar spent onLegal Aid returned at least $5.27.

Some of the money generated byLegal Aid helped low-income familiesdirectly. Millions fueled the economy asa whole, in the form of cost savings fortaxpayers; federal dollars flowing intolocal economies, creating hundreds ofjobs; taxes paid by the people workingthose jobs; fewer foreclosures; efficien-cies in Virginia’s courts; and economicbenefits for health-care providers.

The return could be much higher ifLegal Aid received enough funding tomeet the vast need for its services.

These are the conclusions of areport, Economic Impacts of Civil LegalAid Organizations in Virginia, commis-sioned by Legal Services Corporation ofVirginia (LSCV), the agency that fundsand oversees Virginia’s Legal Aid offices.The report was prepared by Kenneth A.Smith, Ph.D., a nationally recognizedevaluator of the outcomes and benefitsof Legal Aid organizations.

The $139 million that Legal Aidbrings into the economy includes:

• $72.4 million directly assisted low-income families. When Legal Aid helpsa family gain child and spousal support,buy food, pay their rent or utilities, orobtain medical care, the family spendsthose dollars in their community.

• $61.3 million in federal dollars that flowinto local communities. This moneyincludes grants that support Legal Aidservices as well as veterans’ benefits,

Social Security disability for the elderlyand disabled, and Medicaid. That moneywould be lost to Virginia if Legal Aid hadnot assisted clients with their applica-tions and appearances before reviewboards. The money supports jobs for 850Virginians and provides income for busi-nesses across the state.

• $2.5 million in state and local taxes thatare paid by the 850 persons employedthrough the federal draw-down money.

• $2.8 million in cost savings for taxpay-ers. When Legal Aid helps a client avoideviction, collect child support, orescape domestic violence, there is lessdemand for tax-funded programs.

Legal Aid brings other returns thatare more difficult to measure. Theseinclude:

• Savings for banks and investors whenforeclosures are prevented.

• Fewer write-offs of indigent patients byhealth-care providers.

• More efficiency in the courts.

“The work of our Legal Aid offices isnot just about protecting the legal rightsof low-income Virginians,” said Mark D.Braley, executive director of LSCV. “It’sabout providing services that bring tan-gible benefits to all Virginians by creat-ing jobs, increasing tax revenues, savingtaxpayer dollars and making it possiblefor medical providers and others to getpaid for their services to our clients.

“Virginia taxpayers receive a signifi-cant return on their relatively smallinvestment in Legal Aid.”

Despite its roles as a cost-saver andincome-generator for communities, theLegal Aid system has had to significantlycurtail the level of help it provides peopleseeking legal services since the reportdata was compiled. The reduction isbecause of the economic decline thatreduced support of Legal Aid from governments and charities, a steep risein the poverty population and peopleseeking legal assistance, and a drop ininterest rates, which are tied to LegalAid’s funding.

Since 2009, the number of personsemployed by LSCV’s Legal Aid programsdropped by almost 20 percent, from 318to 257. The system has lost thirty-fourattorneys and twenty-seven supportstaff, including case-handling paralegals,and closed one office.

Skeletal staffs remain at many of thesystem’s thirty-five offices statewide.Intake hours have been cut back, and,increasingly, applicants with serious legalproblems are turned away. Of those whoget appointments, many receive adviceinstead of the full representation theyneed. Legal Aid offices have become morelike emergency rooms performing triage.

“Without the funding to accept moreapplicants who need legal assistance,Virginia civil legal aid programs areunable to prevent thousands of the evic-tions, foreclosures, Medicaid denials andother costly and tragic legal emergenciesthat low-income Virginia families expe-rience each year. The result is a signifi-cant loss of opportunities affecting everyresident,” the report concludes.

Braley is continuing efforts toexpand participation in the Interest onLawyers’ Trust Accounts (IOLTA) pro-gram that, in better times, provides a

Access to Legal Services

www.vsb.org

Legal Aid Returns Millions of Dollars to Virginia’s Economyby Dawn Chase

Legal Aid continued on page 57

VIRGINIA LAWYER | October 2012 | Vol. 6148

REMINDER—The MCLE requirementis 12.0 CLE hours of which 2.0 must beethics and 4.0 must be from live interac-tive programs. See FAQs about the newrequirement and other MCLE compli-ance information at http://www.vsb.org/site/members/mcle-courses/.

Your compliance deadline formandatory continuing legal educationis October 31, 2012. Go to https://member.vsb.org/vsbportal/ and log in

to review your MCLE record and certifyyour course attendance.

The MCLE End of Year Report(Form 1) will be mailed in earlyNovember. Please review the report and,if incomplete, amend as instructed.Amended reports must be received bythe bar no later than 4:45 PM onDecember 15, 2012.

Questions: Please contact the MCLE office at (804) 775-0577 or emailMCLE@vsb.org.

Noteworthy > VSB NEWS

www.vsb.org

Anastasia K. Jones and Prescott L. Princehave joined the Virginia State Bar asassistant bar counsel.

Jones and Prince both will prosecuteprofessional disciplinary cases in the fifthdistrict, which covers parts of Fairfaxand Prince William.

Beginning in 2009, Jones was apartner with Blandford & Jones PC inPowhatan where her practice includedadult and juvenile criminal defense, fam-ily law, Guardian Ad Litemmatters, civillitigation, probate matters, estate plan-ning, and small business documentationand transactions.

Jones was previously in solo practice,and was an associate with Strother LawOffices PLC, and Cook & AssociatesLLC, both in Richmond. Her practicefocused primarily on family law andcivil litigation.

Jones was admitted to the bar inCalifornia in 2000 where she practiceduntil 2006 with the law firm ofSheppard, Mullin, Richter & HamiltonLLP. She handled state and federal litigation, bankruptcy proceedings, and various transactional matters.While in California she gained exten-

sive experience in researching and writing appellate briefs.

A native of Southern California,Jones received her bachelor’s degreefrom the University of California, Irvine,where she majored in social science andwas Phi Beta Kappa. She earned her lawdegree from University of California,Berkeley.

Prince was active in the military lawand general practice sections during thelast twenty years. He was in the NavyJAG Corps for four years after graduat-ing from Washington and Lee UniversityLaw School, and then spent most of thenext twenty years in private practice atClarke & Prince, ending up as managingpartner.

He was recalled to active duty in2007 and sent to Iraq to serve as a Ruleof Law officer. In 2008 he becamedeputy chief defense counsel—Navy,where he was responsible for the super-vision of all sailors assigned to the officeof the chief defense counsel. He alsoserved as detailed military counsel andteam leader for the defense team repre-senting Khalid Sheikh Mohammad.

Prince’s bachelor’s degree in psy-chology is from Davidson College. He

has a master’s in clinical psychologyfrom Radford University and his J.D.degree is from Washington and LeeUniversity Law School.

Notice to Members:MCLE Compliance Deadline Is October 31

The VSB E-NewsHave you been receiving theVirginia State Bar E-News? The E-News is a brief monthly sum-mary of deadlines, programs, rulechanges, and news about yourregulatory bar. The E-News is emailed to all VSB members. Ifyour Virginia State Bar E-News isbeing blocked by your spam filter,contact your email administratorand ask to have the VSB.orgdomain added to your permis-sions list.

Anastasia K. Jones and Prescott L. Prince Join VSB

Jones

Prince

Vol. 61 | October 2012 | VIRGINIA LAWYER 49

Charlottesville-Albemarle Bar AssociationJohn Lloyd Snook III, PresidentPalma Elyse Pustilnik, President-electJohn Tyler Grisham, SecretaryBrian Andrew Craddock, Treasurer

Fredericksburg Chapter, VWAAAmanda Anne Reid, President

Greater Peninsula Women’s Bar AssociationLois Norma Manes, PresidentChamie Ann Riley, Vice PresidentDywona Lynette Vantree-Keller,

SecretaryCharles Edwin Powell, TreasurerHon. Stephen Ashton Hudgins,

At-Large Board Member

Hanover County Bar AssociationMartin Lee Kent, PresidentAdam Russell Nelson, President-electThomas Douglas Lane, SecretaryShari Lynne Skipper, Treasurer

Harrisonburg-Rockingham Bar AssociationGrant David Penrod, PresidentElizabeth Quisenberry Wirtz,

President-electErin Elizabeth Layman, SecretaryVanessa Nicole Keasler Gogia, Treasurer

Hopewell Bar AssociationDaniel Powers Leavitt, PresidentWalter Douglas Stokes,

Secretary-Treasurer

Metro Richmond Family Law Bar AssociationChristopher Hunt Macturk, PresidentCarrie Willis Witter, Vice PresidentMark Bruce Michelsen, SecretaryJennifer Marie Fox, TreasurerEdward Seayers Whitlock III,

Henrico RepresentativeRebecca Elizabeth Duffie,

Colonial Heights RepresentativeCraig Weston Sampson,

Richmond RepresentativeMelissa Suzanne VanZile,

Chesterfield RepresentativeMichael Preston Tittermary,

Hanover Representative

Norfolk & Portsmouth Bar AssociationGary Alvin Bryant, PresidentVirginia Lynn Van Valkenburg,

President-electMary Teresa Morgan, SecretaryThomas Wayne Williams Jr., TreasurerBonnie Patricia Lane, YLS Chair

Northern Virginia Chapter, VWAAKelly Marra Juhl, President

Old Dominion Bar AssociationVinceretta Taylor Chiles, PresidentHelivi Lue Holland, President-electBeverly J. A. Burton, 2nd Vice PresidentDoris Elcenia Henderson Causey,

SecretaryPolly Chong, Treasurer

Peninsula Bar AssociationAdrienne Rachelle Mauney, PresidentRhonda Kinard, Vice PresidentAlexaundra Nicole Fitzgerald, SecretaryShukita LaVonda Massey, Treasurer

Prince William Chapter, VWAAKimberly Anne Irving, President

Roanoke Bar AssociationThomas Harlan Miller, PresidentStephen Weldon Lemon, President-electRichard Clifford Maxwell,

Secretary-Treasurer

Roanoke Chapter, VWAAErin Boyd Ashwell, President

The Loudoun County Bar AssociationCheryl Kaye Graham, PresidentRidley Penn Bain, President-electMilissa Reeks Spring, SecretaryDanell Joyce Palladine Dean, TreasurerJames Gray Norman Jr.,

Newsletter EditorJeanette Aldora Irby, Parlimentarian

Virginia Association ofCommonwealth’s AttorneysMichael Robert Doucette, PresidentKimberley Slayton White, President-electRaymond Francis Morrogh,

Vice PresidentNancy Grace Parr, Secretary-Treasurer

Virginia Women Attorneys AssociationMary Grace Anne O’Malley, PresidentMaryse Celine Allen, President-electElizabeth Pendzich, SecretaryCynthia Kaplan Revesman, Treasurer

Winchester-Frederick County Bar AssociationWilliam August Bassler, PresidentNate Lavinder Adams III, Vice PresidentDavid Lee Hensley, SecretaryTimothy Martin Mayfield, Treasurer

PEOPLE < Noteworthy

www.vsb.org

Local and Specialty Bar Elections

VIRGINIA LAWYER | October 2012 | Vol. 6150

Paul Francis BakerMarshall

October 1963 – December 2009

L. Charles BurlageManakin-Sabot

December 1923 – December 2011

R. Baird CabellFranklin

January 1923 – July 2012

John Deery CrocettiWashington, D.C.

April 1972 – May 2012

Daniel Alexander CurranAdamsville, Rhode IslandJanuary 1940 – May 2010

Nere E. Day Jr.Norfolk

April 1922 – November 2007

Kenneth G. DeskinsWeber City

May 1936 – September 2011

John W. Dozier Jr.Glen Allen

June 1956 – August 2012

Carroll Edward Dubuc Falls Church

May 1933 – August 2012

Robert C. DukeHarrisonburg

September 1917 – October 2003

M. Patton Echols Jr.McLean

October 1925 – July 2012

Joseph P. FitzgeraldAlexandria

July 1943 – February 2012

Robert C. FoldenauerLeesburg

December 1928 – September 2010

Paul Lemoine GalisClaudville

April 1941 — January 2012

Thomas C. Givens Jr.Tazewell

June 1950 – February 2012

Frank Madison Gray Jr.Locust Dale

April 1938 – March 2012

Ronald Edwin GreiggBethesda, MarylandJune 1046 – July 2012

Gene Ralph HaislipWinchester

July 1938 – May 2012

Carson E. Hamlett Jr.Richmond

July 1928 – July 2012

Amy Edwards HarteSurry

August 1959 – June 2012

Daniel HartnettAccomac

April 1931 – April 2012

Fred Crum Hardwick II Hampton

August 1948 – December 2011

Ernest M. HoldawayRichmond

October 1924 – July 2012

Angelo J. IandoloAshburn

January 1927 – January 2012

Auzville Jackson Jr. Richmond

February 1927 – July 2012

Max JenkinsDublin

March 1934 – July 2012

Charles Howard Koch Jr.Williamsburg

July 1944 – February 2012

Benjamin Rice Lacy IVRichmond

August 1950 – July 2012

Scott Warner LovelessSalt Lake City, Utah

December 1948 – March 2012

Robert Anthony Lowman Radford

March 1925 – February 2012

William McTyeire Martin IIINewport News

January 1944 – February 2012

Lawrence C. MawnAnnapolis, Maryland

July 1943 – December 2011

James R. McKenryVirginia Beach

April 1935 – July 2012

Nicole Marie MontaltoNewport News

January 1966 – July 2012

Frederic A. NicholsonNorfolk

October 1926 – October 2010

Ingrid Ellen Olson Richmond

November1965 – July 2012

Stephen R. OtterstenSuffolk

February 1940 – April 2011

Joseph M. ParkerWinston-Salem, North CarolinaOctober 1931 – August 2012

Robert H. Patterson Jr.Richmond

January 1927 – July 2012

Noteworthy > PEOPLE

www.vsb.org

In Memoriam

Vol. 61 | October 2012 | VIRGINIA LAWYER 51

Mandy Joy Pearce Virginia Beach

May 1974 – June 2012

William B. PoffRoanoke

August 1932 – September 2012

Robert David ReifMcLean

November 1952 – June 2012

Jay Anthony RichardsonVirginia Beach

October 1928 – January 2012

Walter J. Rielley Boyds, Maryland

October, 1922 – May 2011

R. Daniel Saxe Jr.White Plains, New York

March 1927 – November 2011

Douglas Presley ScottAnnandale

December 1942 – May 2012

Carman James Seccuro Arlington

August 1944 – June 2012

William P. Sellers IVIthaca, New York

August 1945 – June 2012

George C. SewardNew York, New York

August 1910 – February 2012

Kenneth W. SmithFairfax

September 1940 – July 2012

U. LeRoy Sweeney Jr.Richmond

September 1916 – February 2012

Burton R. ThormanAnnapolis, Maryland

September 1916 – July 2012

Abram W. Vandermeer Jr.Virginia Beach

March 1947 – January 2012

William Forbes Watkins Jr. Farmville

April 1926 – August 2012

Kenneth T. WhitescarverFredericksburg

August 1949 – July 2012

Kenneth Paul WebberWinchester

January 1958 – May 2012

Bessie Castle WendellMidlothian

December 1931 – July 2012

Hugh V. White Jr.Richmond

July 1933 – August 2012

Charles H. WinbergRichmond

October 1926 – July 2012

PEOPLE < Noteworthy

www.vsb.org

Free and Low-Cost Pro Bono Training

Visit the Pro Bono page on the VSB website for free and low-cost pro bono training and

volunteer opportunities: http://www.vsb.org/site/pro_bono/resources-for-attorneys

The Senior Citizens Handbook: a resource for seniors, their families, and theircaregivers. 2009 edition now available.

We’re as busy as ever at age fifty-five and over, and we face new challenges and opportunities, withlittle time to search them all out. How can anyone find out about them all and, with such an array ofchoices, how does anyone begin to make a selection?

The Senior Citizens Handbook. Available online at http://www.vsb.org/docs/conferences/senior-lawyers/SCHandbook09.pdf.

VIRGINIA LAWYER | October 2012 | Vol. 6152

Noteworthy > ET AL.

www.vsb.org

Thurgood Marshall called her “Shorty”when he was having a good day and“Knucklehead” when he was having aless-than good day.

That was one of the passing revela-tions from Supreme Court AssociateJustice Elena Kagan during an hour-long presentation at the University ofRichmond on September 20, 2012. Shespoke earlier in the day at a RichmondBar Association luncheon.

Kagan and law school Dean WendyPerdue spoke in a conversational formatin front of about 200 students and fac-ulty in the Merhige Moot Courtroom.Kagan’s comments—entertaining, infor-mative, and even instructional—wereclearly aimed at those law students.

When Perdue rattled off the list ofthe many high-profile jobs Kagan hadbefore being named to the Court, Kaganjoked “I can’t keep a job. … This job,I’m keeping.”

When Perdue pointed out thatKagan’s father was a lawyer and askedher whether she had always wanted tobe a lawyer herself, Kagan anwered, “Idon’t think I really did want to be alawyer…. I didn’t think what my fatherdid was very interesting.”

By the time she was in law school,though, she knew she belonged. Evidencesuggests she was right.

President Barack Obama appointedher to the Court in 2010. She had beenserving as the 45th solicitor general ofthe United States. The first case sheargued in that position was CitizensUnited. It was also the first case she everargued before any appellate court.

Kagan was born in New York, N.Y.She received her bachelor’s degree fromPrinceton University, her master ofphilosophy degree as a Daniel M. SachsGraduating Fellow at Worcester College

at Oxford University, and her lawdegree from Harvard Law School.

Early in her career, she served as alaw clerk to Judge Abner Mikva of theU.S. Court of Appeals for the District of Columbia and then as a law clerk toSupreme Court Justice ThurgoodMarshall. She was an associate in aWashington, D.C., law firm. She hasbeen a professor at the University ofChicago Law School and a professorand the dean at Harvard Law School.She was associate counsel to PresidentBill Clinton and then served as deputyassistant to the president for domesticpolicy and deputy director of theDomestic Policy Council.

Kagan provided an interestingglimpse into how the Court goes aboutdoing its job, describing what docu-ments the justices have in front of themwhen they’re on the bench—bios of thelawyers, including a list of the cases theyhad previously argued—and how thefirst votes on the cases are handled. Asthe most recently appointed justice, shealways votes last.

She also talked about how she goesabout writing her opinions and abouthow she works hard to avoid legaleseand to make the opinions understandableto a broad audience. “If you can write anopinion that anybody can understandyou make it even more useful,” she said.

She also said she is not a fan of con-curring opinions. It is better for everyone,including lawyers, when the Courtreaches consensus on a case.

The comment about Marshall,whom Kagan described as “the greatestlawyer of the 20th century,” came as shewas commiserating with a student whowas having trouble speaking into amicrophone that was a little taller than

she was. Kagan joked that she has thesame problem.

But the student’s question was aboutthe value of having women in importantpositions in the legal profession.

Kagan noted how difficult it was forJustices Sandra Day O’Connor and RuthBader Ginsburg to move up in the pro-fession when they did. Now, she said,things have changed enormously and forthe better. She said it was a great thingthat there are three women on theCourt. Nine might be a little out ofreach, she allowed. But five? Why not?

Justice Kagan Educates UR Law Students on the Waysof the Courtby Gordon Hickey

Supreme Court Associate Justice Elena Kagan (right,top photo) and University of Richmond Law SchoolDean Wendy Perdue were introduced in the MerhigeMoot Courtroom at UR. Justice Kagan mingled withstudents and other guests, and signed autographs,outside the law school after the event.

Photo credit: Kim Lee Schmidt

Vol. 61 | October 2012 | VIRGINIA LAWYER 53www.vsb.org

Georgia is a relatively new independentcountry with an even newer GeorgianBar Association that is working on howto support and regulate lawyers.

A delegation from Georgia arrivedin Virginia September 19 to study howthe Virginia State Bar operates and tolearn how some of the policies and pro-cedures here might to adapted for usein Georgia.

Georgia declared its independencefrom the USSR in 1991, but didn’t havea bar association until 2005. In Georgia,lawyers are called advocates and are reg-ulated by a General Assembly, whichelects members of the Executive Board,Ethics Commission, and AuditCommission. The ethics code wasadopted in 2006.

The rules for advocates are contin-uing to evolve. For example, the GBAjust started continuing legal education,with six hours required this year. Thatwill gradually increase to twelve hoursin 2014.

The three-member delegationcomprised Ekaterine Gasitashvili, chair-person of the GBA Ethics Commission;Tamar Khubuluri, a member of theGBA Ethics Commission; and IrinaLortkipanidze, the bar development andinstitutional strengthening specialistwith East West Management InstituteJudicial Independence and LegalEmpowerment Project. They met onSeptember 24 with VSB President W.David Harless and other lawyers atChristian & Barton.

The discussion there revolvedaround concerns over conflicts of inter-ests and value of the GBA.

Harless noted that conflicts are aserious concern for Virginia lawyers andperhaps even more troublesome for lawfirms, where a conflict with one associatecan eliminate the entire firm. He alsosaid that perhaps the greatest value

lawyers get from their bar dues is theright to self-regulation. “If we were notself-regulated we would be regulated bya government bureaucracy.”

In addition to the meeting atChristian & Barton, the delegationattended a professionalism course, metwith lawyers from the ProfessionalRegulation Department, Supreme CourtJustice William C. Mims, Virginia BarAssociation President Hugh M. Fain III,Thomas E. Spahn of McGuire Woods,and VSB Executive Director Karen A.Gould; and attended a Legal EthicsCommittee meeting and a DisciplinaryBoard hearing. They also did a bit ofsightseeing.

The Georgians decided to come toVirginia, according to Gasitashvili,because Washington & Lee UniversityProfessor James E. Moliterno has beenworking with the GBA to develop itsethics regulations and legal ethics opin-

ion office. Lortkipanidze said the delega-tion was in Virginia “to support the GBAethics commission and to meet ourcounterparts in the State Bar.” She saidthe GBA was using the VSB and its web-site as an example.

Lortkipanidze also praised VSBEthics Counsel James M. McCauley forhis assistance and for the work he did toorganize the delegation’s visit.

McCauley returned the compli-ment. “They should be commended fortheir hard work and efforts to establisha fair system of self-regulation for thelegal profession of the Republic ofGeorgia,” he said. “Much of their proce-dural rules have been drafted using theVSB’s rules as a benchmark. It has beena privilege and exciting experience tohave as guests representatives of theGeorgian Bar Association who are sodedicated to establishing the rule of lawin their country.”

ET AL. < Noteworthy

Nascent Georgian Bar Association Using VSB asExample as it Establishes Ethics Officeby Gordon Hickey

The delegation from Georgia met on September 24, 2012, with VSB President W. David Harless and other membersfrom the Christian & Barton firm to discuss the bar, lawyer ethics, disciplinary procedures, and other issues.Attending were Cliona Robb, of Christian & Barton and a district committee member; R. Braxton Hill IV, a formerVBA-YLD president and a district committee member; Ekaterine Gasitashvili, chairperson of the Georgian BarAssociation Ethics Commission; Harless; Tamar Khubuluri, a member of the GBA Ethics Commission; Roman Lifson,litigation partner at Christian & Barton; Irina Lortkipanidze, the bar development and institutional strengtheningspecialist with East West Management Institute Judicial Independence and Legal Empowerment Project; JamesEdward Betts, managing partner at Christian & Barton; and Kathryn R. Montgomery, VSB deputy bar counsel.

VIRGINIA LAWYER | October 2012 | Vol. 6154

A lawyer’s education does not end at theconclusion of a bar exam. There aregood reasons for this; the law evolvesover time, as do the tools researchers useto find the law. In order to keep up withsubstantive changes in the law and tech-nological advances, lawyers, like doctorsand other learned professionals, need tomaintain their grasp on the changes thatarise as society develops and technologyimproves.

One method of ensuring thatlawyers continue their education afterlaw school is the continuing legal educa-tion requirement that all state barsrequire of active members. To meetVirginia’s annual twelve credit-hourrequirement (including two hours ofethics), national organizations such asthe Practising Law Institute offer CLEcourses which may count towards thestate’s requirements. Conferences con-cerning a specific area of law can oftenapply to a state bar’s CLE credit hourrequirements. Law schools also holdevents such as symposia and workshopsthat may count towards CLE credits.

Technological advances now providemethods of completing CLE courseswithout the need to travel outside thecomfort of home or office. Attorneys can“attend” CLE courses via audio andvideo webinars and teleconferences.Attorneys have options to pursue CLEcourses through various methods of self-study, including online courses, audioCDs and DVDs as well as books andcourse materials. In Virginia, these booksand course materials are essential; theyare sometimes the only places to finddiscussions of those changes in the lawso vital to successful practice.

We all know the law is ever-changing,but the pace of technological advances infinding the law has become staggering.Within the past few years, several pub-lishers have unveiled new resources that

are changing the way lawyers research.These include new versions of Westlaw(WestlawNext) and LexisNexis (LexisAdvance). WestlawNext and LexisAdvance are research systems that offer“Google-like” approaches to searchingfor legal materials. Rather than selectingspecific databases first and typing in aterms and connectors search, researcherscan simply type a query into bothWestlawNext and Lexis Advance, just asif using Google, and receive countlessresults spanning all types of resources,from cases to statutes to secondarysources such as law review articles andpractice forms. (Researchers can alsonarrow selections in both systems butthe default setting retrieves results fromall available databases).

At the same time, Bloomberg hasexpanded its business coverage toinclude a new online database focusedon law, Bloomberg Law. Bloomberg Lawoffers access to cases and statutes as wellas a citator service similar to KeyCite inWestlaw and Shepard’s citators inLexisNexis. One advantage of BloombergLaw is its ability to retrieve docket itemsif the dockets have been retrieved fromPACER and posted to Bloomberg Law.This ability to retrieve court documentswithout incurring PACER’s charges givesBloomberg Law an edge as a legal onlineresource. Bloomberg also recentlyacquired another legal publisher, theBureau of National Affairs, and changesare in the works based on that merger.Hein Online continues to expand its col-lections, making more materials availableto practitioners who know where to look.

Knowing how to use these variousplatforms is essential to the effectivepractice of law. Legal research is thefoundation of a lawyer’s job and as weincreasingly move away from printresources to electronic access, it isimportant for lawyers, whether they have

been practicing for fifty, fifteen, or fiveyears, to stay aware of the changes to thetools they rely on for competent legalresearch. CLE courses are an excellentresource for learning about changes inthe law, but it is also vital to remain edu-cated about the evolving tools for find-ing the law.

Law Libraries

www.vsb.org

The Continuing Education of Lawyers – Why It Mattersby Heather Casey

Continuing Legal EducationWebsites

Virginia CLE: https://www.vacle.org/The website outlines hundreds ofVirginia-centric MCLE-approved seminarswith many media options. An attorneycan search the programs by topic ordate and report credits online to theVirginia State Bar.

Practising Law Institute:http://www.pli.edu/PLI is a national continuing educationgroup and offers programs and publica-tions in twenty-four practice areas. Theyoffer onsite seminars, mostly in NewYork, but offer webcasts as well.Contact the Virginia State Bar to inquireabout credit approval.

Heather Casey is the reference andresearch services librarian at theUniversity of Richmond School ofLaw, where she also teaches legalresearch in the first-year LawyeringSkills course. She has a master’sdegree in library science from DrexelUniversity and a law degree from theCollege of William and Mary.

Vol. 61 | October 2012 | VIRGINIA LAWYER 55www.vsb.org

C A L L F O R N O M I N AT I O N S

The Harry L. Carrico Professionalism Award was established in1991 by the Section on Criminal Law of the Virginia State Bar torecognize an individual (judge, defense attorney, prosecutor, clerk,or other citizen) who has made a singular and unique contribu-tion to the improvement of the criminal justice system in theCommonwealth of Virginia.

The award is made in honor of the Honorable Harry L.Carrico, a former Chief Justice of the Supreme Court of Virginia,who exemplifies the highest ideals and aspirations of professional-ism in the administration of justice in Virginia. Chief JusticeCarrico was the first recipient of the award, which was institutedat the 22nd Annual Criminal Law Seminar in February 1992.

Although the award will only be made from time to time at thediscretion of the Board of Governors of the Criminal Law Section,the Board will invite nominations annually. Nominations will bereviewed by a selection committee consisting of former chairs of thesection and Chief Justice Carrico.

Prior Recipients

CriteriaThe award will recognize an individual who meets the following

criteria:

◆ Demonstrates a deep commitment and dedication to the highestideals of professionalism in the practice of law and the administra-tion of justice in the Commonwealth of Virginia;

◆ Has made a singular and unique contribution to the improvementof the criminal justice system in Virginia, emphasizing professional-ism as the basic tenet in the administration of justice;

◆ Represents dedication to excellence in the profession and “per-forms with competence and ability and conducts himself/herselfwith unquestionable integrity, with consummate fairness and cour-tesy, and with an abiding sense of responsibility.” (Remarks of ChiefJustice Carrico, December 1990, Course on Professionalism.)

Submission of NominationPlease submit your nomination on the form below, describing specif-

ically the manner in which your nominee meets the criteria establishedfor the award. If you prefer, nominations may be made by letter.

Nominations should be addressed to Lisa Caruso, Chair,Criminal Law Section, and mailed to the Virginia State Bar Office:Eighth and Main Building, Suite 1500, 707 East Main Street,Richmond, VA 23219. Nominations must be received no laterthan December 3, 2012. Please be sure to include your name andthe full name, address, and phone number of the nominee.

If you have questions about the nomination process, please callElizabeth L. Keller, Assistant Executive Director for Bar Services,Virginia State Bar, at (804) 775-0516.

HARRY L. CARRICO PROFESSIONALISM AWARDNOMINAT ION FORM

Please complete this form and return it to the Virginia State Bar, Eighth and Main Building, Suite 1500, 707 East Main Street,Richmond, VA 23219. Nominations must be received no later than December 3, 2012.

Name of Nominee: __________________________________________________________________________________

Profession: _________________________________________________________________________________________

Employer/Firm/Affiliation: ____________________________________________________________________________

Address of Nominee: _________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

City _____________________________________ State _____________ Zip ____________________________

Name of person making nomination ______________________________________________ Telephone ____________________(Please print)

E-mail _______________________________________ Signature _____________________________________________________

(Please attach an additional sheet explaining how the nominee meets the criteria for the Harry L. Carrico Professionalism Award.)

HARRY L. CARRICO PROFESSIONALISM AWARDVSB Section on Criminal Law

The Honorable Harry L. Carrico 1992

James C. Roberts, Esquire 1993

Oliver W. Hill, Esquire 1995

The Honorable Robert F. Horan 1996

Reno S. Harp III, Esquire 1997

The Honorable Richard H. Poff 1998

The Honorable Dennis W. Dohnal 1999

The Honorable Paul F. Sheridan 2000

The Honorable Donald H. Kent 2001

Craig S. Cooley, Esquire 2002

Prof. Robert E. Shepherd 2003

Richard Brydges, Esquire 2004

Overton P. Pollard, Esquire 2005

The Honorable Paul B. Ebert 2006

Rodney G. Leffler 2007

Prof. Ronald J. Bacigal 2008

The Honorable Jere M.H.Willis Jr. 2010

Melinda Douglas 2012

VIRGINIA LAWYER | October 2012 | Vol. 6156

Imagine practicing law today withoutusing a computer: For most of us,unimaginable. For today’s law students,learning the law without a computeralso would be unimaginable. Are com-puter technology and legal educationand the practice of law now perma-nently symbiotic?

Many law students first learnedabout computer technology systemswhen using proprietary Westlaw andLexis legal research services before theInternet became ubiquitous. Now thoseservices and many competitors areaccessible on the Internet using laptops,tablets, and cellular telephones. The useof laptops in the classroom is an ongoingitem of controversy among law profes-sors. Some say that students spend toomuch time in class surfing social mediaweb sites instead of paying attention tothe professor’s remarks, and others saythat it’s the professor’s responsibility tocapture and hold the interest of the students during class. But students wantto use laptops and hand held devices,and they will use them whether or notteachers like it.

Debates regarding legal educationoften focus on Dean Langdell’s casemethod and what some view as positivechanges including adding clinical train-ing and skills development. But perhapsthe most consequential change both inlegal education and in law practice wasinitiated without specific relevance tosubstantive and procedural law, andinstead occurred because of instant com-puter access to a plethora of informationabout the law.

Some disagree about whether theend result of a legal education primarilyis preparing law students for law practiceby teaching students the law, or prepar-ing law students’ minds for legal analysis.

In either case, a critical component ofthe legal education process is teachingcompetence in the use of computer tech-nology that will enhance the work prod-uct of practicing attorneys.

Among the first experiences a prac-ticing lawyer has after joining or openinga law firm is exposure to the firm’s tech-nology. Knowing how to use a firm’scomputer system productively and reli-ably is a necessity. Because so much oflaw school education depends on com-puter technology for research, writing,and information sharing, new graduatesalready know many aspects of technol-ogy used in the practice of law.

Unfortunately, although most professional rules of attorney ethicalconduct require basic competence,experience and competence in usingcomputer technology in the practice oflaw is not specifically referenced eitherin professional responsibility rules orin commentaries accompanying therules. Some bar legal ethics opinionssupport a requirement of competencein technology.

This situation may well changebecause the ABA adopted the followinglanguage at its 2012 annual meeting:

“Rule 1.1 Competence. A lawyershall provide competent representationto a client. Competent representationrequires the legal knowledge, skill, thor-oughness and preparation reasonablynecessary for the representation. ... [6]To maintain the requisite knowledge andskill, a lawyer should keep abreast ofchanges in the law and its practice,including the benefits and risks associatedwith technology, engage in continuingstudy and education and comply with allcontinuing legal education requirementsto which the lawyer is subject.” (empha-sis added)

Ponder a typical day in the profes-sional life of an increasing number ofmembers of the Virginia State Bar:

First, early in the morning, readingand replying to e-mails and readingabout current events and legal develop-ments on the Internet, either using alaptop computer or a hand-held com-puter device;

Second, arriving at the office andlogging on to the office network using acomputer providing access to documentfiles, e-mail, the Internet, word process-ing, spreadsheets, data bases, and more.

Each of these applications requiresknowledge, experience, and judgmentfor effective use, with periodic new ver-sions requiring continuing educationabout changes. Improper use of any ofthese applications could result in inap-propriate loss of confidentiality of infor-mation, inaccurate documentation,incorrect computations, flawed research,or loss of vital and relevant information.Some might say that if an attorney reallyneeds to know how these or other appli-cations function, surely a staff memberor colleague can assist. But would anattorney not be expected to have a basicunderstanding of laws and judicial deci-sions relating to statutes of limitationand repose, contracts, proximate cause,mens rea, fraud, gross income, and per-jury regardless of the attorney’s day-to-day practice and without the immediateassistance of anyone else?

In other words, while a heightenedlevel of technology expertise would beappropriate in situations requiringadvanced knowledge and expertise(such as for an attorney concentratingin communications, intellectual prop-erty, or health law), a primary part ofevery attorney’s competence is to be ableto recognize basic issues and implica-

Consultus Electronica

www.vsb.org

Technology Competence and the Practice of Law:Now, a Necessityby Alan S. Goldberg

Vol. 61 | October 2012 | VIRGINIA LAWYER 57

tions and thereby to know when to learnmore and when to ask for the assistanceof colleagues. Knowing basic computertechnology is a part of that competence.

In 2012, an attorney must know andunderstand how to properly configuresearch inquiries, delete “cookies” orcached information, use proper formu-las in spreadsheets, and protect confi-dentiality and security with passwordsand encryption. The attorney shouldalso know how to avoid prematurelysending an e-mail by insertingaddressees only after the e-mail has beenproofread, inadvertent and inappropri-ate disclosure of information whenusing Internet search engines, mixing upversions of documents when using wordprocessing, and inadvertently releasingmetadata or prior versions of docu-ments in a file shared with others whenthat information could prejudice aclient’s bests interests.

Sadly, a lesson was learned from anerror during the extraordinarily complexand massive bankruptcy case involvingBarclays Capital Inc. A formatting errorin an Excel spreadsheet inadvertentlyresulted in 179 Lehman contracts mis-takenly being included in an asset pur-chase agreement. That led to the filing ofa motion in the U.S. Bankruptcy Court

for the Southern District of New Yorkstating that a first-year law associate hadunknowingly included the contracts as apart of an executed agreement.

The critical need for all attorneys tohave and maintain the requisite knowl-edge and skill required to practice law,including learning the benefits and risksassociated with technology, has neverbeen greater. Even while the debate con-tinues about what and how law schoolsshould be teaching and what attorneysshould be learning, one thing is certain:every attorney must know how to prac-tice safe computing. Today, those attor-neys who ignore the need for basiccompetence in the use of computer tech-nology do so at their peril.

As well stated by Sharon D. Nelson,the president-elect of the Virginia StateBar: “It’s about time the ABA compe-tence comments under the Model Rulesnow include keeping current regarding‘the benefits and risks associated withrelevant technology.’ For those lawyerswho are still in the Jurassic age of tech-nology, remember what happened to thedinosaurs: many more of your col-leagues, and likely many of your clients,now believe that you are ethicallyrequired to know and to keep up withchanges in law office technology.”

Consultus Electronica

www.vsb.org

Alan S. Goldberg, of McLean, is a solo practi-tioner and a past president and inaugural fellow of the American Health LawyersAssociation, and vice-chair of the Law andTechnology Committee, past chair of theHealth Law Section, and a member of theEducation of Lawyers Section and the VirginiaMandatory Continuing Legal Education Boardof the Virginia State Bar, and an adjunct profes-sor of Health Law at George Mason UniversitySchool of Law and American UniversityWashington College of Law.

Dawn Chase is director of communicationsfor Virginia’s legal aid system. She works atthe Virginia Poverty Law Center, 700 EastMain St., Suite 1410, Richmond, Virginia23219. http://www.vplc.org

strong financial base for Legal Aid.IOLTA revenue dropped by $4 millionannually since interest rates fell in2007. Once Legal Aid’s second-largestsource of funding, IOLTA is now oneits smallest.

LSCV, with the support ofstatewide bar associations, will con-tinue efforts this year to convert thevoluntary IOLTA program to amandatory one and to increase state funding.

Braley said that LSCV commis-sioned the study to demonstrate thatLegal Aid’s work benefits not only

individual clients, but also Virginiacommunities, courts and government,and is a worthwhile investment thatprovides demonstrable returns.

To view the Economic Impactsreport, see http://www.vplc.org/wp-content/uploads/2012/09/VA-Report-on-Economic-Impacts.pdf.

Legal Aid continued from page 47

VIRGINIA LAWYER | October 2012 | Vol. 6158

In Chesterfield County, Virginia, a manupset after a child custody hearing con-fronts the ex-wife’s lawyer as he isentering his office building and fires ashot at him with a rifle. In Leesburg,Virginia, a lawyer is working late in theoffice expecting one final appointment,when he is summoned to the front doorby the bell. The lawyer is shot atthrough the window. In Bucks County,Pennsylvania, at 9 a.m., two lawyershave just arrived at work and are talk-ing in the parking lot outside the officewhen a man in sunglasses and a knitcap approaches and shoots one lawyerin the back of the head. In St. Paul,Minnesota, a man upset about losingcustody of his child to his ex-wife walksinto her lawyer’s office on a Friday justafter 5 p.m. and repeatedly stabs thelawyer, attempting to slit her throat.

As these cases illustrate, violenceagainst those in the legal profession is aserious concern worthy of attention.

The number of Americans mur-dered on the job has grown steadilyover the last ten years, and no office,including a law practice, is immune toviolence. Many experts agree that thecurrent recession has only increased thelikelihood of violence in the workplace.There has always been a concern aboutthird parties, such as angry clients oropponents acting out, particularly incertain practice areas, such as domesticand criminal law. But added to that riskshould be employees, who may act outviolently, especially in this stressfuleconomy. Downsizing, lay-offs, andrestructuring produce stress andincreasingly harsh workplace environ-ments. Another potential problem isdomestic violence coming from anemployee’s home life. Law firms need to

consider all of these risks and shouldimplement appropriate security proce-dures for their office. The commentsbelow should help identify the steps youneed to take and the issues you need toconsider.

First, the firm should identify therisks (clients, opponents, past employ-ees, current employees, spouses or significant others, etc.) that may pose a threat.

Next the firm should create a planfor providing protection and safety.

Once the plan has been finalizedlawyers and staff should be educatedregarding the procedures for safety.

The attorney and the staff need tobe prepared to deal with upset clients,employees or other third parties whomay create a security concern in theoffice. Some of the security issues thatshould be addressed in the employeemanual and in training for staff andattorneys include:

• Information on how to handleabusive or rude individuals, onthe phone or in person.

• Discussions/examples identifyingat what point rudeness becomesdangerous.

• At what point should an individ-ual be asked to leave the office?

• What action does staff take oncethe individual has been told toleave and refuses to do so?

• When should a lawyer or themanaging partner be notifiedabout a problem client or situa-tion and exactly who within the

law firm should be notified ifthere is an on-site emergency?

• What is the procedure for han-dling a client, or even a non-client, who shows up at the firmupset or irate? For example, thatperson should be shown to a wait-ing area removed from the rest ofthe firm, the concerns about theclient should be immediatelyexplained to the attorney out ofthe hearing of the client, and adecision should be made regard-ing whether or not to contactauthorities and to circulate anemergency e-mail to the rest ofthe staff to leave the building. Anangry or hostile person should notbe invited into the lawyer’s officewithin the interior of the firm butis better kept waiting in a confer-ence room where the staff andattorney can converse without fur-ther aggravating the situation.

• Have a contact list with importantemergency numbers and informa-tion for lawyers and staff. If yourbuilding has security, how do youalert them to an emergency? Thisinformation should be readilyavailable on a moment’s notice.

• If possible meet with clients andothers in a conference space at thefront of the office rather than inan internal space.

• In some practices, based on thenature of the practice, the physi-cal location of the practice andafter- business-hours doorsshould be kept locked.

Risk Management

www.vsb.org

Don’t be a Victim: Avoiding Workplace Violenceby Wendy F. Inge

© 2012 ALPS Co.

Vol. 61 | October 2012 | VIRGINIA LAWYER 59

• Consider avoiding meetings withclients or adversaries when you’realone in the office, especiallyafter hours.

• If staff or lawyers are aware orbecome aware of circumstancethat could lead to a violent altercation, notify the managingpartner so that decisions can bemade regarding any additionalsafety precautions that should be taken.

• Consider removing your homeaddress from the phone book.

Risk Management

www.vsb.org

Wendy Inge is the Virginia risk manager forLiability ALPS, the Virginia State Bar-endorsedlegal liability insurer. She is available to answerrisk management questions at no charge for allmembers of the VSB. She can be reached at(800) 367-2577.

Tips for Avoiding Workplace Violence

Evaluate your work environment: Critically examine all areas of your workpremises including parking lots, entryways, reception areas, work areas, and offices. Is the lighting adequate? Are there convenient escape routes? Do you have a methodto summon assistance? Determine when doors should be locked (in some areas, it isappropriate to lock the front door and have a bell and intercom for clients toannounce their arrival). Provide security for personal items such as purses, and after-hours procedures for employees’ safety.

Promote courtesy and respect: One of the best ways to prevent violence in theworkplace is to foster a day-to-day attitude of respect and consideration by everyonein your work environment, including clients, staff, lawyers and all other third partiessuch as opponents and their counsel.

Identify and eliminate potential weapons: Identify any objects available in yourimmediate work area that could be used as weapons. Remove or secure objects thatcould be used in a violent act.

Pay attention to early warning signals: Often, people who become violent revealtheir intentions in advance or have a history of violence. Threats from clients, cowork-ers, or third parties should be immediately reported to the managing partner who canthen report to local authorities if appropriate. Policies should encourage employees toreport domestic violence occurring in an employee’s home that could escalate into theoffice or into stalking behavior. Also, routinely contact references and conduct back-ground checks on prospective employees, lawyers, and staff. If there is a history of violence or aggressive behavior, then you may not want to hire them.

Listen to your instincts: Don’t ignore your internal warning system. If you senseimpending danger, respond accordingly. If someone comes into your office in a trenchcoat in the summer … trust your instincts.

Know your violence response procedures: Violence response procedures are simple plans designed to minimize injury during a violent incident. These proceduresshould include a plan to summon assistance and move people to a safe area. Allemployees should be educated on these safety procedures. Consider ePanic Button, an affordable means to summon support discreetly, ePanic Button is a software program that sends e-mails, text messages and pop up alerts through a worker’s computer. It can instantly and discreetly summon support and it also provides reportgeneration for tracking purposes.

Zero-tolerance policy: The firm should develop as part of its safety policy, a zero-tolerance policy for violent behavior or threats of violent behavior by employees. Aswell as potentially being held liable for negligent hiring, employers are increasinglyheld liable for negligent retention and negligent supervision of violence-prone employ-ees. Firm policy should clearly state that inappropriate behavior in the workplace, suchas violence or threatening behavior, is grounds for immediate termination. Policiesshould formalize employee access to management, and employees should be encour-aged to report questionable behavior immediately. All complaints should be thor-oughly investigated. Performance and behavior standards should discourage violentbehavior and provide avenues for treatment or discipline, including immediate termi-nation of potentially violent employees.

CLE Calendar

VIRGINIA LAWYER | October 2012 | Vol. 6160 www.vsb.org

October 1831st Annual Family Law Seminar:Challenging Issues in Today’s FamilyLaw PracticeLive—Norfolk. 9 AM–4:15 PM

October 18FRAUD—The Most Used and LeastUnderstood Cause of Action:Allegations, Defenses, and Practice TipsVideo—Tysons Corner, Virginia Beach,Warrenton, 9 AM–1:05 PM

October 18What’s New at the Virginia SupremeCourt? An Overview of Recent CivilDecisions 2012Telephone, NOON–1:30 PM

October 19FRAUD—The Most Used and LeastUnderstood Cause of Action:Allegations, Defenses, and Practice TipsVideo — Charlottesville9 AM–1:05 PM

October 19Ethics Update for Virginia Lawyers2012Telephone, 2–4 PM

October 2221st Annual Advanced Elder LawVideo — Alexandria, Charlottesville,Richmond, Roanoke, Tysons Corner9 AM–4:15 PM

October 23Great Adverse Depositions—Principlesand Principal TechniquesLive — Richmond, 8:30 AM–4:30 PM

October 2331st Annual Trusts and Estates SeminarLive — Williamsburg, 9 AM–4:15 PM

October 23The iPad for LawyersTelephone, NOON–1:30 PM

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Introduction to Virginia’s SentencingGuidelines—six-hour seminars, 9:30 a.m. to 5 p.m.

November 1, 2012—WilliamsburgNational Center for State CourtsWilliamsburg

November 16, 2012—RichmondHenrico County Training Center7701 E. Parham Road

December 5, 2012—FairfaxFairfax County Government Center12000 Government Center Parkway

December 12, 2012—ChesapeakeSheriff ’s Department401 Albemarle Drive

December 19, 2012—RoanokeRoanoke Higher Education Center108 N. Jefferson Street, Ste. 208D

Advanced Sentencing Guidelines Issuesand Ethical Hypotheticals—six-hourseminars, 9:30 a.m. to 5 p.m.

October 18, 2012—FairfaxFairfax County Government Center12000 Government Center Parkway

October 26, 2012—RichmondHenrico County Training Center7701 E. Parham Road

Refresher Regional SentencingGuidelines Topics—three-hour semi-nars, 9 a.m. to Noon or 1 to 4 p.m.

November 29, 2012—FredericksburgSalem Church Branch2607 Salem Church Road

Virginia Lawyer publishes at no charge notices of continuing legal education programs sponsored bynonprofit bar associations and government agencies. The next issue will cover December 17, 2012,through February 21, 2013. Send information by October 31 to hickey@vsb.org. For other CLE oppor-tunities, see Virginia CLE offerings below and “Current Virginia Approved Courses” athttp://www.vsb.org/site/members/mcle-courses/ or the websites of commercial providers.

Virginia CLE CalendarVirginia CLE will sponsor the following continuing legal education courses. Fordetails, see http://www.vacle.org/seminars.htm.

CLE Calendar

Vol. 61 | October 2012 | VIRGINIA LAWYER 61www.vsb.org

October 23Nuts and Bolts of Title Insurance:Policy Forms and CoveragesVideo—Tysons Corner, 9 AM–1:20 PM

October 2313th Annual Virginia InformationTechnology Legal Institute—2012Video—Alexandria, Charlottesville,Norfolk, Richmond, Roanoke8 AM–4:25 PM (RICHMOND VIDEOBEGINS AT 9 AM)

October 2431st Annual Trusts and Estates SeminarLive—Lexington, 9 AM–4:15 PM

October 24Great Adverse Depositions—Principlesand Principal TechniquesLive—Dulles, 8:30 AM–4:30 PM

October 24Nuts and Bolts of Title Insurance:Policy Forms and CoveragesVideo—Alexandria, Charlottesville,Norfolk, Richmond, Roanoke9 AM–1:20 PM

October 24DUI Defense in VirginiaVideo—Tysons Corner, Warrenton,Winchester, 9 AM–4:15 PM

October 24Exit Strategies for the Business OwnerTelephone, 10 AM–NOON

October 25The Top 10 Malpractice Mistakes (andHow to Avoid Them)Telephone, 9–10:30 AM

October 2513th Annual Virginia InformationTechnology Legal Institute—2012Video—Tysons Corner, 8 AM–4:25 PM

October 25Trials of the CenturyVideo—Abingdon, Alexandria,Charlottesville, Harrisonburg, Norfolk,Richmond, Roanoke, 8:55 AM–4:15 PM

October 25What’s New at the Virginia SupremeCourt? An Overview of Recent CivilDecisions 2012Telephone, 5–6:30 PM

October 25Tom Spahn on Unauthorized Practiceof Law and Multi-Disciplinary PracticeTelephone, 7–9 PM

October 265th Annual Advanced BusinessLitigation InstituteVideo—Abingdon, Alexandria,Charlottesville, Dulles, Harrisonburg,Norfolk, Richmond, Roanoke9 AM–5:30 PM

October 26Trials of the CenturyVideo—Tysons Corner, 8:55 AM–4:15 PM

October 26Covenants Not to CompeteTelephone, NOON–3 PM

October 29Gain the Edge! Negotiation Strategiesfor LawyersLive—Fairfax, 9 AM–4:30 PM

October 29Document This! Best Practices forLawyers—Creating, Managing andNegotiating DocumentsVideo—Alexandria, Charlottesville,Richmond, Roanoke, Tysons Corner,Virginia Beach, 9 AM–4:15 PM

October 2921st Annual Advanced Elder LawVideo—Norfolk, 9 AM–4:15 PM

October 30Gain the Edge! Negotiation Strategiesfor LawyersLive—Richmond, 9 AM–4:30 PM

October 3031st Annual Trusts and Estates SeminarLive—Fairfax, 9 AM–4:15 PM

October 30Legal Technology and PracticeManagement: Future Trends and theBest of What’s Out There NowVideo—Charlottesville, Richmond,Roanoke, Tysons Corner, Virginia Beach9 AM–4:15 PM

October 30Appellate Practice: Building andPerfecting Your Appellate SkillsVideo—Alexandria8:45 AM–4:30 PM

October 30Tom Spahn on Unauthorized Practiceof Law and Multi-Disciplinary PracticeTelephone, NOON–2 PM

October 31Appellate Practice: Building andPerfecting Your Appellate SkillsVideo—Abingdon, Charlottesville,Fredericksburg, Norfolk, Richmond,Tysons Corner8:45 AM–4:30 PM (RICHMOND VIDEOBEGINS AT 9 AM)

October 31Legal Technology and PracticeManagement: Future Trends and theBest of What’s Out There NowVideo—Alexandria, 9 AM–4:15 PM

October 31Interpreting All That PsychobabbleTelephone, NOON–3 PM

November 1Gun TrustsLive—Springfield, 8:30 AM–4:10 PM

November 2–333rd Annual Construction and PublicContracts Law SeminarLive — CharlottesvilleFRIDAY: 8:30 AM–5:25 PM; SATURDAY: 8AM–12:20 PM

November 7Eminent Domain Law in VirginiaVideo—Fredericksburg, Richmond,Roanoke, Tysons Corner, Virginia Beach9 AM–4:15 PM

November 13Backpack to Briefcase: The NewVirginia LawyerLive—Lexington, 8:30 AM–5:30 PM

November 13Great Adverse Depositions—Principlesand Principal TechniquesVideo—Alexandria, Charlottesville,Richmond, Roanoke, Virginia Beach8:30 AM–4:30 PM (RICHMOND VIDEOBEGINS AT 9 AM)

November 14Backpack to Briefcase: The NewVirginia LawyerLive—Fredericksburg, 8:30 AM–5:30 PM

November 14Great Adverse Depositions—Principlesand Principal TechniquesVideo—Tysons Corner8:30 AM–4:30 PM

VIRGINIA LAWYER | October 2012 | Vol. 6162

be led by volunteer judges and profes-sionals, and would cover such subjects asthe federal and state court systems, thejury system, ethics, public service, probono obligations, office management,client development, trust management,civil procedure, legislation and regula-tion, and financial instruments.

In addition to the required interac-tive classes, elective courses would still beoffered on many of these subjects.However, all law students would berequired to take the basic interactiveclasses. I feel the state bar should workwith the law schools to develop andimplement this effort.

The third year should consistentirely of clinical training. I think thatwhat is now the third-year practice cer-tificate should be granted at the end ofthe first year. Hopefully, the SupremeCourt would agree. I believe that 150hours of pro bono or authorized publicservice should be included in the thirdyear, and required for admission to thebar of all law graduates.

Five years ago, the CarnegieFoundation issued its report on educat-ing lawyers.1 The study emphasized theneed for reforming law school curricu-lums to increase training in the areas ofethics and professionalism and todevelop the responsibility for public ser-vice. The study quoted the American BarAssociation MacCrate report of the mid-1990s, which reads:

Providing additional classroom cov-erage of professional issues will notbe an easy task. Law school curricu-lum reform is a tedious and oftenfrustrating task and seems to workbest when modest changes are madeat the margin by adding one or twoadditional courses. If the propo-nents of the need for increased lawschool training in ethics and profes-sionalism are right, however, aneffort equivalent to that which ledto the increase in clinical legal edu-cation in the 1970s and theincreased emphasis on skills train-

ing in the 1990s is required. Theaim of this effort should be to ele-vate the twin concepts of the prac-tice of law as a public service callingand the development of the capacityfor reflective moral judgment to thesame level as legal knowledge andtraditional legal skills. This is indeedan ambitious goal. (American BarAssociation, 1996).

In my view, the MacCrate reportcorrectly notes that law school curricu-lum reform is slow and modest. In fact,the basic curriculum is pretty much thesame as when I attended law schoolmore than a half century ago. In myjudgment, there is a critical need forchange. The Washington and Lee Schoolof Law model is an excellent step forward.Professionalism can best be developed inan environment where the student isworking or interning as a professionalduring the third year of law school, asWashington and Lee now requires.

The Carnegie report recommendsan integrative strategy for legal educa-tion wherein law schools teach lawyeringskills and professionalism. I agree. Lawschools can accomplish these goalsbringing together experienced practi-tioners, judges and regulators with theirfaculty, and can develop integrated cur-riculums that include all aspect of pro-fessionalism. The University ofRichmond’s Downtown Center is anoutstanding model for developing pro-fessionalism. However, the program isvoluntary.

The Washington and Lee third-yearmodel, under the leadership of profes-sors A. Benjamin Spencer and Mary Z.Natkin, is a visionary and much neededprogram. The University of Richmondmodel, developed and implemented byTara L. Casey, is also outstanding andshould be required for all University ofRichmond students.

I am mindful of the issue of ratingsand the power of the US News andWorld Reports, as well as costs. It is myview that changes can be made withinthe constraints required by the ABA andthe US News and World Reports ratings

competition to meet the challenges, andat affordable costs. Some of the thoughtsI have expressed above, such as requiringnon-credit courses and seminars andmore efficient use of the third year,would address many of the concerns.

Writing skills are essential. All lawgraduates should be required to com-plete and pass a course in legal writing.In this computer age, more and moreyoung people are absolutely unable tocommunicate in writing, and certainlyunable to prepare a lengthy persuasivedocument. Law students should be ableto write before they reach law school,but unfortunately, that is not the case intoo many situations. A mandatory legalwriting course would solve this concern.

With all of this in mind, I offer thefollowing suggestions for the bar examiners.

1. Assume that all applicants will passthe bar examination the first (andonly) time.

2. Make available to all applicants onthe Internet the following:A. Specifically what the bar exam

will cover (not the questions,but the substance in enoughdetail to permit the applicantsto study and pass).

B. Detailed text materials coveringall areas included in the exami-nation, at minimum expense.

3. Grade the applicants in a mannerthat will enable all who study topass.

4. In the event that there are someapplicants who fail, the bar examin-ers should provide counseling andre-examine those individuals on thesubjects they failed. If an applicantsatisfactorily passes 24 or 25 of therequired 27 subjects, and meets thebar examiners’ standards for “pro-tecting the public” in those areas,why should the applicant be re-examined on the subjects he or shehas passed?

Letter to the Editor

www.vsb.org

Educating Lawyers continued on page 64

Educating Lawyers continued from page 9

Vol. 61 | October 2012 | VIRGINIA LAWYER 63www.vsb.org

CLE Calendar

November 1431st Annual Family Law Seminar:Challenging Issues in Today’s FamilyLaw PracticeVideo—Charlottesville, 9 AM–4:15 PM

November 1531st Annual Family Law Seminar:Challenging Issues in Today’s FamilyLaw PracticeVideo—Fredericksburg, Richmond,Roanoke, Tysons Corner, Virginia Beach9 AM–4:15 PM

November 15Attorney Privilege Issues: Avoiding theProblemsLive—Charlottesville/Webcast/Telephone, NOON–2 PM

November 16Representation of IncapacitatedPersons as a Guardian ad Litem—2012Qualifying CourseLive—Charlottesville, 9 AM–4:05 PM

November 20Gain the Edge! Negotiation Strategiesfor LawyersVideo—Alexandria, Charlottesville,Richmond, Roanoke, Tysons Corner,Virginia Beach9 AM–4:30 PM

November 2731st Annual Trusts and Estates SeminarVideo—Alexandria, Charlottesville,Fredericksburg, Leesburg, Richmond,Roanoke, Virginia Beach9 AM–4:15 PM

November 2831st Annual Trusts and Estates SeminarVideo—Tysons Corner, Warrenton,Winchester, 9 AM–4:15 PM

November 2912th Annual Advanced Seminar forGuardians ad Litem for Children—2012Live—Richmond, 9 AM–4:30 PM

December 4Recent Developments in the Law: Newsfrom the Courts and General AssemblyVideo—Charlottesville, Fairfax9 AM–4:55 PM

December 5The Rocket Docket: Trying Cases in theEastern District of VirginiaLive—Richmond, 8:55 AM–1:25 PM

December 5Gun TrustsVideo—Alexandria, Charlottesville,Richmond, Roanoke, Virginia Beach8:30 AM–4:10 PM (RICHMOND VIDEOBEGINS AT 9 AM)

December 6The Rocket Docket: Trying Cases in theEastern District of VirginiaLive—Alexandria, 8:55 AM–1:25 PM

December 6Gun TrustsVideo—Tysons Corner, 8:30 AM–4:10 PM

December 1142nd Annual Advanced Business LawSeminarVideo—Charlottesville, Fairfax,Richmond, Roanoke, Virginia Beach9 AM–5:45 PM

December 1242nd Annual Advanced Business LawSeminarVideo—Tysons Corner, 9 AM–5:45 PM

December 12Attorney Privilege Issues: Avoiding theProblemsTelephone, NOON–2 PM

December 13Ethics Update for Virginia Lawyers2012Telephone, 2–4 PM

response, the General Assembly andthe Supreme Court approved a $25 peryear CPF assessment for each activemember of the bar. The assessmentbecame effective in 2007, but has a“sunset” provision making it effectiveonly through June 30, 2015. While themandatory CPF assessment hasincreased and will continue to increasethe net worth of the CPF fund untilJune 30, 2015, the CPF nonetheless willnot achieve the $9 million benchmarkor the desired future claims paymentcapability under present circumstances.

Over the remaining three-year lifeof the statutory assessment, the CPFshould receive an average of $750,000annually. Claims payments since July 1,2004, have averaged approximately

$337,600 annually. If this claims expe-rience holds constant, the CPF willincrease its net worth by approximately$1,200,000 over the next three years. Asof June 30, 2012, the net worth of theCPF was just over $5,800,000. Based onthese assumptions, the net worth of theCPF will total approximately $7 mil-lion as of June 30, 2015, approximately$2 million short of the $9 million rec-ommended by the 2005 actuarial study.

Additionally, since FY2004, theaverage yield on CPF investments hasbeen 3.8 percent, nominally higherthan the 3.5 percent return assumed inthe 2005 actuarial study. However, therules governing the CPF require that allfunds be invested in certificates ofdeposit, U.S. governmental securities,and federal agency securities. Therecent yield for these investments has

been significantly lower than the 3.5percent investment yield that formedthe basis for the 2005 actuarial projec-tions. For example, the interest incomein FY2012, net of bank service charges,totaled $192,428. Unfortunately, wemay reasonably expect that theseinvestment conditions will continue forthe indefinite future.

The recommendations of the taskforce are timely and consistent with theVSB’s client protection mission. Themembers of the task force deserve ourunqualified gratitude for their serviceand their unanimous commitment toachieving consensus regarding theseissues. These recommendations requireour profession’s immediate attention. Icommend them to your thoughtfulconsideration and comment.

Client Protection continued from page 10

VIRGINIA LAWYER | October 2012 | Vol. 6164

Ultimately, there should be a 100percent pass rate for all who graduatefrom an approved law school. Since thebar examiners believe their role is toprotect the public, they should at a mini-mum accept a dual mission of protectingthe public and assisting law graduates tobecome lawyers.

We must do a better job in develop-ing young lawyers at a substantiallylower cost. It is the responsibility of all ofus, as the chief justice stated, to improvethe legal system that serves Virginia. Ihave tried to present some ideas that Ido not think will impose on the lawschools’ faculty concerns, or competitionfor prestige.

1 William M. Sullivan, Anne Colby, Judith

Welch Wegner, Lloyd Bond and Lee

Shulman, “Educating Lawyers,

Preparation for the Profession of Law.”

The Carnegie Foundation for the

Advancement of Teaching, John Wiley

and Sons Inc. 2007.

Letter to the Editor

www.vsb.org

Virginia State BarHarry L. Carrico

Professionalism Course

See dates and registration

information at

http://www.vsb.org.

Letters

Send your letter to the editor to:

coggin@vsb.org;

fax: (804) 775-0582;

or mail to:

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Virginia LawyerMagazine

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Richmond, VA 23219-2800

Letters published in Virginia Lawyer

may be edited for length and clarity and

are subject to guidelines available at

http://www.vsb.org/site

/publications/valawyer/.

Lawyers Helping LawyersConfidential help for substance abuse problems and mental health issues.

For more information, call our toll free number:

(877) LHL-INVAor visit http://www.valhl.org.

Educating Lawyers continued from page 62

His tenure in the FBA includesfounding the Indian Law Section,which he chaired for twenty yearswhile increasing the attendance at itsannual Federal Indian Law conferencefrom 225 to 750. When Baca steppeddown as chair of the section, he waselected to the FBA national leadershipladder, where he served as secretary,treasurer and president-elect on hisway to becoming president. He has alsobeen very active in the National NativeAmerican Bar Association (NNABA)where he is the only person to haveserved as NNABA president threetimes. At the ABA, he served on theCommittee on Problems of theAmerican Indian, the Council onRacial Justice, and the Commission onRacial and Ethnic Diversity in the

Profession and he was chair of thecommission for three years.

A 1976 graduate of Harvard LawSchool, he was the first AmericanIndian ever hired at the United StatesDOJ through the Attorney General’sHonor Law Program. At the time of hisretirement he was on detail as thedeputy director of the DOJ Office ofTribal Justice.

Baca also accepted a position as anadjunct professor at AmericanUniversity’s Washington College ofLaw, where he taught for two yearswhile still an attorney at the DOJ andthen taught Federal Indian Law for onesemester at Howard University Schoolof Law.

Now that he is retired, Baca sayshe will do some pro bono consulting,and rewrite his syllabus for FederalIndian Law and look for another

adjunct position. “After practicing lawfor thirty-two years, you have to giveback to the legal educational systemthat gave you the career you enjoyed,”he said. “Otherwise, I’m a retired guywith a new camera.”

Baca is the second member of theVSB to receive the Thurgood MarshallAward; Oliver W. Hill received theaward in 1994. Baca paid homage toHill during his acceptance speech.

Marshall Award continued from page 46

LEARN THE BASICS FROM THE BEST

Experienced judges and lawyers willprovide attendees with practice tips

and real-life essentials.

Choice of Morning Break-Out Sessions:

8:45 AM – 12:00 PM

or

or

or

or

General Session:

12:45-4:15 PM

FIRST DAY in PRACTICEand Beyond

Tuesday, October 30, 2012Greater Richmond Convention Center8:15 am – 4:00 pm

Virginia State Bar707 East Main StreetSuite 1500Richmond, VA 23219(804) 775-0500

6 MCLE HOURS PENDING (2 ethics)

FIRST DAY IN PRACTICE & BEYOND REGISTRATION FORMEnclosed is my registration fee of $85.00 to attend the seminar on October 30, 2012.

(E-mail address needed for sending out information regarding materials.)

Break-Out Sessions (Select your preference. Break-out sessions will be assigned on a �rst-come, �rst-served basis.)

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VIRGINIA LAWYER | October 2012 | Vol. 6166 www.vsb.org

essential to achieving his goal of setting

McGuireWoods on the path to success.

“Firm Remembers Bob Patterson,”

7/12/2012, www.mcguirewoods.com.

In the 1970s Mr. Patterson won

what was at the time one of the largest

antitrust settlements ever, a $45 million

settlement for Sergeants, the pet-prod-

ucts arm of pharmaceutical firm A.H.

Robins Co., for anti-competitive prac-

tices by rival Hartz Mountain. During

Mr. Patterson’s chairmanship,

McGuireWoods also represented

Robins in multistate litigation alleging

that its Dalkon Shield birth-control

device was faulty, causing injury and

illness for as many as 200,000

American women.

He also led Virginia Military

Institute’s defense of its 150-year-old,

males-only admissions policy. VMI,

from which Mr. Patterson graduated in

1949, won at trial, but the verdict was

reversed and later affirmed by the U.S.

Supreme Court, forcing the taxpayer-

supported school in Lexington to

admit women.

Mr. Patterson retired from the

practice of law on Dececember 31,

1999, shifting to volunteer work,

including delivering the morning

newspapers to patients at St. Mary’s

Hospital in suburban Richmond.

Mr. Patterson interrupted his

studies at VMI during World War II to

join the Navy. After the war, he com-

pleted his degree at VMI and went on

to graduate from the University of

Virginia law school in 1952.

Mr. Patterson was predeceased by

his first wife, the former Luise Wyatt.

He is survived by his wife, Anne Marie

Whittemore; a son, Robert H.

Patterson III; two daughters, India

Gregory and Margaret Mansfield; a

stepson, Robert P. Whittemore, all of

Henrico; and seven grandchildren and

a stepgrandchild.

WILLIAM B. POFF, who was bar presi-dent in 1981-82, died September 5,

2012, surrounded by family and

friends.

He was born in Vickers, Virginia,

on August 23, 1932. His father, John

Poff, ran a country store and his mother,

Pansy Boose Poff, was a school teacher.

The Roanoke Times reported that

Mr. Poff graduated from Christiansburg

High School at the age of 15 and then

attended Virginia Polytechnic Institute

and State University. He earned his law

degree at Washington & Lee University

where he was editor-in-chief of the

Law Review and Order of the Coif.

He was commissioned into the

United States Army, and taught at the

Judge Advocate General school in

Charlottesville. He joined the Woods

Rogers law firm in 1959.

Mr. Poff was a mentor to countless

attorneys throughout Southwestern

Virginia, and a number of the attorneys

he mentored went on to become judges.

He practiced law with Woods

Rogers for more than fifty years and

argued and tried hundreds of cases in

federal and state courts in Virginia and

beyond, winning cases before the

Supreme Court of Virginia, the Fourth

Circuit Court of Appeals, and the

United States Supreme Court.

In addition to serving as president

of the State Bar, he was president of the

Virginia Trial Lawyers Association, a

member of the board of governors of

the American Bar Association, and a

founding member of the Virginia

Association of Defense Attorneys. He

received the Frank W. “Bo” Rogers Jr.

Lifetime Achievement Award from the

Roanoke Bar Association and also

received a lifetime achievement award

from the Virginia Association of

Defense Attorneys. Earlier this year he

received the Roger Groot

Professionalism Award from the Ted

Dalton American Inn of Court, the

Inn’s highest honor.

Former VSB president and

Roanoke lawyer Phillip V. Anderson

described Mr. Poff as a “a true legal leg-

end who not only was exemplary at his

trade but was a gentlemen and epito-

mized professionalism in his practice.”

He was a long-time leader in

Roanoke’s Sister Cities program. He

worked diligently in support of

Republican Party politics. He served as

director of local organizations such as

Mill Mountain Playhouse, the Roanoke

YMCA, and the Roanoke Valley

Jaycees.

He was predeceased by his first

wife, Magdalen (Mag) Barbara

Andrews Poff. He is survived by his

wife, Spring; and his stepdaughters,

Virginia, Young, Sunn, Anne and her

husband, Mike; and his grandchildren,

Carter, Ryan, Victoria and Peyton.

Virginia’s lawyers were indeed for-

tunate to have these fabulous leaders in

the law serve as presidents of the

Virginia State Bar.

Giants of the Bar continued from page 12

Vol. 61 | October 2012 | VIRGINIA LAWYER 67

Brian A. Boys, M. Bradley Brickhouse,Letha Sgritta McDowell, William H.Oast III, Sandra L. Smith, and StephenE. Taylor announce the formation of theelder and disability law firm of Oast &Taylor PLC. Oast & Taylor’s practiceareas include estate planning, trust &estate administration, special needsplanning, long-term care planning,guardianships and conservatorships,personal injury settlement consultation,and litigation supporting these areas.Oast & Taylor has offices in VirginiaBeach, Portsmouth, and Elizabeth City,North Carolina.

Katrina C. Campbell has joined theUnited Nations as an ethics officer. Sheis based in New York City at the UN’sheadquarters. There, she is responsiblefor managing the UN’s protectionagainst retaliation program, providingconfidential ethics advice, and for train-ing, outreach and education of staffmembers on ethics issues.

Patricia A. Dart, a former prosecutorwith the commonwealth’s attorney’soffices of York and Louisa Counties,has opened Dart Law PC in New TownCenter, Williamsburg. The firm’s focusis on criminal defense (state and fed-eral), traffic matters, drafting wills andtrusts, corporate matters, bankruptcy,and work as guardian ad litem for children. The office is located at 4805 Courthouse Street, Suite 204,Williamsburg, Virginia 23188.

John D. Epps, partner at Hunton &Williams recently accepted the Roger D.Groot Pro Bono Publico Service Awardfrom the Virginia Bar Association.

John G. Finneran Jr., the general coun-sel and corporate secretary of CapitalOne Financial Corp., received the 2012LexisNexis Award for outstanding serviceto the bar from the VBA.

Kimberly Anne Fiske, a partner with theAlexandria law firm of Fiske & Harveywhere she practices trust and estate law,has been named non-profit board leaderof the year by the 2012 VolunteerAlexandria’s Business Philanthropy

Summit for her community serviceleadership. She recently received theaward during the 5th Annual Spring forAlexandria, a citywide, four-day eventthat focuses on giving and communityservice.

Nina J. Ginsberg, a partner at DiMuroGinsberg PC in Alexandria, was sworn inas a member of the National Associationof Criminal Defense Lawyers board ofdirectors at the annual board and mem-bership meeting in San Francisco,California, on July 28. This will beGinsberg’s third term on the board.

Arianna S. Gleckel, an attorney withBean Kinney & Korman, has beennamed to Leadership Arlington’s Classof 2013. Gleckel practices law in theareas of commercial litigation andemployment law, as well as lending services and landlord-tenant law. Shealso represents creditors in bankruptcyproceedings.

Kelly Rae Gring has joined Glasser andGlasser PLC as an associate attorney.She previously worked at a creditors’rights firm in Richmond where she co-managed its Virginia operations. Herareas of expertise are in civil litigation,creditors’ rights, bankruptcy, foreclo-sure, and collections.

The Greater Richmond Bar Foundationelected the following for the 2012–13year: Leslie A.T. Haley, president; ScottC. Oostdyk, vice president; Anne D.McDougall, Freed & Shepherd PC, secretary; Gerald W.S. Carter, Harrell &Chambliss LLP, treasurer; and Brian R.Marron, immediate past president.

Jonathan E. Halperin, formerly ofRegan, Halperin & Long in Washington,D.C., has opened the Halperin LawCenter LLC outside of Richmond. TheHalperin Law Center handles a widevariety of serious personal injury andwrongful death cases in Virginia, theDistrict of Columbia and Marylandincluding product liability, premises lia-bility and vehicular accident cases. Moreinformation can be found on the firm’swebsite at www.halperinlegal.com.

Robert A. Harris IV has formed HarrisLaw Firm PLLC, with offices inWashington, D.C. Harris was previouslya partner at Sack & Harris PC inMcLean. He will continue his generalbusiness practice with an emphasis oncommercial real estate matters.

Marissa M. Henderson has become apartner at the maritime law firm ofVentker & Warman PLLC in Norfolk.Her practice focuses on admiralty andmaritime law, particularly litigation.

Jonathan Hudis, a partner with Oblon,Spivak, McClelland, Maier & NeustadtLLP has edited the book titled A LegalStrategist’s Guide to Trademark Trial andAppeal Board Practice, Second Edition byABA Publishing.

Matthew B. Kaplan has formed TheKaplan Law Firm in Arlington. Hispractice will focus on civil litigation andcriminal and civil appeals in state andfederal courts in Virginia and the Districtof Columbia. Kaplan previously workedfor the firm of Cohen Milstein Sellers &Toll PLLC in Washington, D.C., where hisfocus was on complex civil litigation.

Richard D. Kelley has joined Bean,Kinney & Korman as a shareholder.Kelley focuses his practice on complexcivil litigation, primarily in the areas ofbusiness and construction litigation.

Kevin E. Martingayle and William C.Bischoff have launched their own firmbeginning July 2, 2012.

Irina Manelis has joined DyerImmigration Law Group PC as an asso-ciate attorney. Dyer Immigration LawGroup is located in Glen Allen and lim-its its practice to issues arising under theimmigration laws of the United States.

Yvonne McGhee, executive director ofthe Virginia Bar Association, has beeninstalled as president of the NationalAssociation of Bar Executives. McGheeassumed the post at the NABE annualmeeting in Chicago. The NABE supportsdecision makers at more than 250 U.S.bar associations and legal organizations.

Professional Notices

www.vsb.org

VIRGINIA LAWYER | October 2012 | Vol. 6168

David G. Nusbaum has been appointedassociate attorney with The Norton LawFirm PLLC, in Vienna. His practice willfocus on corporate and commercialtransactions, and providing outsourcedgeneral counsel services.

William H. Oast III, attorney with Oast& Taylor PLC, recently announced theofficial opening of the firm’s offices inthe Town Center/Pembroke area ofVirginia Beach and in Elizabeth City,North Carolina. Another office in OldeTowne Portsmouth will also be opened.

Oblon, Spivak, McClelland, Maier &Neustadt LLP partners Jonathan Hudisand Scott A. McKeown once again havebeen appointed to leadership positionswithin the American Bar AssociationIntellectual Property Law (ABA-IPL)Section. Hudis was elected to serve onthe ABA IPL Section’s council, its gov-erning body, for a four-year term. Healso was appointed vice-chair of thesection’s CLE board, which overseeslive and webinar course offeringsthroughout the year. McKeown wasappointed as chair of the Post Grant &Inter Partes Patent Office PracticeCommittee, after having previouslyserved as vice-chair of this committeefor a two-year term. He is co-chair of thefirm’s post grant patent practice group,focusing on post-grant counseling, liti-gation and related prosecution issues.

Kellam T. Parks has opened the LawOffice of Kellam T. Parks PLLC at 4164Virginia Beach, Blvd. near Town Center,focusing primarily on domestic rela-tions, personal injury, and credit report-ing dispute cases. For more informationgo to www.ktparkslaw.com.

Gary M. Pearson has been appointedcommissioner of Accounts for FauquierCounty. He continues his private generalpractice with his wife, Lois GraningerPearson.

Linda M. Quigley has formed Quigley &Associate PLLC. The firm focuses onintellectual property, internet law and e-commerce, and business law and litiga-tion. Julia M. Bishop has joined the firmas an associate attorney. The office islocated at 530 East Main Street, Suite

720, Richmond, VA 23219, and the firmserves all of eastern Virginia. (804) 591-1626, linda@quigleypllc.com,julia@quigleypllc.com.

Thomas M. B. Salmon has joined Baker& McKenzie’s Zurich office as OfCounsel. He focuses on internationaltrusts, estate, and tax planning.Previously he was chief internationaltrust officer of Citibank’s InternationalPrivate Bank and a director of a numberof Citi’s international trust companies.He has been based in Switzerland formore than 25 years.

Colin J. Smith has joined Holland &Knight as a partner in its Tysons Corneroffice. He comes to Holland & Knightfrom Watt, Tieder, Hoffar & Fitzgeraldand brings with him Senior Counsel Briana B. Stolley. Smith focuses primar-ily on sophisticated commercial realestate transactions, including develop-ment, sales and acquisitions, financingsand leasing. Stolley represents owners,developers, investors and tenants ofoffice buildings, shopping centers, indus-trial parks and mixed-use developmentsin connection with the leasing, develop-ment, and acquisition and disposition ofcommercial real estate.

W. Ryan Snow has been elected manag-ing partner of Crenshaw, Ware & MartinPLC effective July 1, 2012. He succeedsTimothy A. Coyle who served in thatrole for twelve years. Coyle will continuehis Business Law and Public Sector Lawpractice. Snow joined the firm in 2001and chairs the firm’s Business Disputesand Construction Law practice groups.

A. Benjamin Spencer, professor of law atWashington and Lee University Schoolof Law, has been appointed director ofthe Frances Lewis Law Center by DeanNora V. Demleitner. The Francis LewisLaw Center is the independently fundedfaculty research and support arm ofW&L Law. As director, Spencer will over-see the center’s agenda, which includessponsoring symposia, enhancing theintellectual life at the school of law, andproviding support to faculty in theirscholarly endeavors.

Stephen B. Stern, a partner at Hyatt &Weber PA in Annapolis, Md., hasreceived the 2012 Label A. Katz YoungLeadership Award, named for theyoungest person to achieve the office ofinternational president of B’nai B’rith.Stern received his award at B’nai B’rith’s2012 policy conference on September 9in Washington, DC.

Ann M. Thayer has joined GretchenLynch Taylor as a partner at Taylor LawCompany, located at 10605 JudicialDrive, A-5, Fairfax, Virginia 22030 (703-385-5529). Taylor Law Company prac-tices DUI, criminal, and traffic defensein all Northern Virginia state courts andU.S. District Court for the EasternDistrict of Virginia.

Christopher P. Thumma has joined thelaw firm of Harman Claytor Corrigan &Wellman, as an associate. He will con-centrate his practice in general civil liti-gation, including motor vehicle,premises, and products liability.

Troutman Sanders LLP has opened anoffice in Beijing, the law firm’s thirdoffice in China since it entered theworld’s most populous nation in 1997.

Rachel E. VanHorn and Robyn D. Pepinhave joined Glasser and Glasser PLC asassociate attorneys. VanHorn’s areas ofexpertise are in civil litigation, criminaldefense, estate planning and creditors’rights. Pepin’s areas of expertise are inbankruptcy and creditors’ rights.

H. Kimberlie Young has joined theNorfolk Sheriff ’s Office as legal counsel.She recently retired from the U.S. NavyJudge Advocate General’s Corps aftertwenty-three years of active duty. Herlast assignment in the Navy was as StaffLegal Advisor at Headquarters, AlliedCommander Transformation, NATO inNorfolk.

Professional Notices

www.vsb.org

Professional NoticesEmail your news to hickey@vsb.orgfor publication inVirginia Lawyer.All professional notices are free to

VSB members and may be edited forlength and clarity.

CONSULTANTS & EXAMINERS

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Vol. 61 | October 2012 | VIRGINIA LAWYER 69

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Advertisements and Classified Ads

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VIRGINIA LAWYER | October 2012 | Vol. 6170

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Advertisements and

Classified Ads

Published five times a year, Virginia

Lawyer is distributed to all members of

the Virginia State Bar, judges, law

libraries, other state bar associations, the

media, and general subscribers.

More information and complete media

kits are available online at http://www

.vsb.org/site/publications/valawyer, or

you can contact Nancy Brizendine at

(804) 775-0594 or brizendine@vsb.org.

VSB Staff Directory

Frequently requested bar contact information is available online atwww.vsb.org/site/about/bar-staff.

“�e Washington and Lee model is an excellent step forward. Professionalism can best be

developed in an environment where the student is working

or interning as a professional during the third year of law

school, as Washington and Lee now requires.”

– C L A R E N C E D U N N AV I L L E

Dean of the Washington and Lee UniversitySchool of Law Nora Demleitner and

Professor of Law A. Benjamin Spencer

Clarence would like to salute Washington and Lee School of Law for its e�orts in legal education reform, including

the School’s innovative third-year curriculum. �e course of study consists entirely of practice-based simulations, real client experiences, and advanced explorations into legal ethics and professionalism. In addition, students ful�ll a law service requirement, instilling a career-long commitment to helping the underrepresented and supporting the Bar.

Clarence would also like to acknowledge the contributions to legal education reform by Washington and Lee Law Professor A. Benjamin Spencer. As chair of the Education section of the Virginia State Bar, Ben has worked tirelessly to bring together academics, members of the judiciary and lawyers to improve legal education in Virginia by focusing on the entire life cycle of the profession, from prelaw interest, to law school and bar admission, and through continuing legal education.

CLARENCE DUNNAVILLERecipient of the 2009 Lewis F. Powell Jr. Pro Bono Award

and former Scholar in Residence at W&L LawS A L U T E S

WASHINGTON AND LEE SCHOOL OF LAW

law.wlu.edu

Nominations Sought for District Committee Vacancies

The Standing Committee on Lawyer Discipline calls for nominations for

district committee vacancies to be filled by the Virginia State Bar Council in June 2013.

Nominations, along with a brief resume, should be sent to the Virginia State Bar

by February 28, 2013.

For more information see http://www.vsb.org/site/news/item/nominations

-2013-14-DC

“�e Washington and Lee model is an excellent step forward. Professionalism can best be

developed in an environment where the student is working

or interning as a professional during the third year of law

school, as Washington and Lee now requires.”

– C L A R E N C E D U N N AVI L L E

Dean of the Washington and Lee UniversitySchool of Law Nora Demleitner and

Professor of Law A. Benjamin Spencer

Clarence would like to salute Washington and Lee School of Law for its e�orts in legal education reform, including

the School’s innovative third-year curriculum. �e course of study consists entirely of practice-based simulations, real client experiences, and advanced explorations into legal ethics and professionalism. In addition, students ful�ll a law service requirement, instilling a career-long commitment to helping the underrepresented and supporting the Bar.

Clarence would also like to acknowledge the contributions to legal education reform by Washington and Lee Law Professor A. Benjamin Spencer. As chair of the Education section of the Virginia State Bar, Ben has worked tirelessly to bring together academics, members of the judiciary and lawyers to improve legal education in Virginia by focusing on the entire life cycle of the profession, from prelaw interest, to law school and bar admission, and through continuing legal education.

CLARENCE DUNNAVILLERecipient of the 2009 Lewis F. Powell Jr. Pro Bono Award

and former Scholar in Residence at W&L LawS A L U T E S

WASHINGTON AND LEE SCHOOL OF LAW

law.wlu.edu

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