Virginia Licensing Eased for Military Spouse Attorneys

The Official Newsletter of the Young Lawyers Conference of the Virginia State Bar Patrick J. Austin, Esq., Editor Volume 31, Issue 1 • Summer, 2014

Bar Break: Virginia Licensing Eased for Military Spouse Attorneys Jessica O’Connell The Virginia Supreme Court for licensing accommodations for who have rule accommodations for adopted a rule allowing lawyers military spouses, particularly Bar military spouse attorneys to eleven. whose spouses receive military membership without additional orders to move to Virginia or examination. This group began Approximately 35% of military the Washington, D.C. area to advocating for Bar licensing spouses work in professions practice law in Virginia without accommodations for military requiring state licensure or passing the state bar exam. spouses in Virginia two years certification, according to the ago and continues to support February 2012 Joint Departments Rule 1A:8, the “Military Spouse changing state licensing rules of Defense and Treasury Report, Provisional Admission Rule,” applies for military spouses with law “Supporting Military Families: to civilian military spouses who degrees in all jurisdictions. Best Practices for Streamlining have already passed a Bar exam Occupational Licenses Across and are an active member in good Prior to the Virginia Supreme State Lines.” Military spouses are standing in at least one state. This Court’s adoption of this rule, six also ten times more likely to move provisional license also requires other states already enacted across state lines when compared the military spouse attorney to licensing accommodations for to their civilian counterparts. practice under the supervision military spouse attorneys: Idaho, of a licensed Virginia attorney Arizona, Texas, North Carolina, Frequent moves not only make and keep current on Virginia CLE Illinois, South Dakota. Four other it difficult to maintain and requirements for the duration of states recently jumped on board advance in a career, they also their spouse’s military assignment as well—Colorado, Massachusetts, often contribute to loss of income in Virginia or the D.C. area. New Jersey, and New York— and are a serious financial bringing the total number of states burden. Preparation materials, The Military Spouse J.D. Network, registration fees, and travel costs a group formed in 2011, advocates Continued on following page Ø

Of Hybrid Taxes and Fox Pens: New Laws In This Issue Take Effect in the Commonwealth Alexander T. MacDonald Page 5 Results from the Run in the Sun As of July 1, 2014, an assortment fewer options for proving their and the Stitt of diverse new laws came into identities—a prerequisite to casting Memorial Volley effect in Virginia, ranging from a non-provisional ballot in the Ball Tornament high-profile legislative overhauls Commonwealth. Since 2012, Virginia (e.g., government-ethics and voters have been required to provide Page 6 President’s voter-ID reforms) to relatively some form of identification. Until Message obscure legal tweaks (e.g., looser now, they did not have to show a Page 7 All in the Family limits on Sunday hunting). Here photo ID; they could instead produce, Family Law Column are a few of the highlights: among other things, a utility bill, Page 8 The Great Estate a paystub, or a bank statement. Stricter voter-ID requirements. Virginia Estate When Virginians go to the However, in its third voter-ID Planning Column polls this fall, they will have innovation in as many years, the

Continued on following page Ø ØBar Break, continued from previous page to test sites can cost thousands military spouse attorneys are often of the military are their families of dollars per Bar examination. unemployed or underemployed. who play an enormous role in supporting service members. Military spouses may face a number Adopting licensing accommodations Military families bear the burden of administrative and financial for military spouse attorneys helps of dealing with frequent relocation, challenges if they work, or desire to ease the unique challenges they prolonged periods of deployment work, in a profession which requires face and allows them to minimize of family members (which often state licensing. This burden is the interruption to their legal includes single-parenting), and particularly substantial for military careers while reducing the financial isolation from family, friends, spouse attorneys. Licensing can and time consuming hardships and familiar support networks. take up to a year, sometimes more, imposed on their families. Licensing for the application, character and accommodations may also aid Eliminating the need for a Bar fitness review, Bar examination, and in retaining service members. exam for military spouse attorneys processing to be completed. The Research suggests that over two makes a significant difference to fact that Bar exams are held only thirds of married armed service military families, and comes at twice a year, and that test results members report that their decision little cost to the Commonwealth. take months to be reviewed, further to reenlist in the military was prolongs the licensing process. “largely or moderately” affected by Jessica O’Connell is a 2013 their spouse’s career satisfaction graduate of George Mason Because of the lengthy and and objectives. In fact, because of University School of Law and expensive process involved in the recognized impact on retention, is Attorney-Advisor for the re-licensure for attorneys when the Department of Defense Board of Veterans’ Appeals. moving across state lines, many made military spouse licensing She can be contacted at military spouses choose not to and employment a priority. [email protected]. practice law, recognizing that by the time they are admitted in Members of the armed forces are one state, it may be time to move not the only ones making sacrifices again. As a result of these barriers, for their country; the unsung heroes

ØNew Laws, continued from previous page General Assembly rendered the voter’s name, the picture comment on whether it had the those documents unacceptable. displayed on the ID, and the ID’s authority to define “valid” for Instead, it will now require voters “authenticity.” It did not, however, the purposes of the new law. As to present a photo ID, the only indicate whether an expired ID of the writing of this article, that acceptable forms of which are: would be considered valid. period had not yet closed. The word’s real meaning, therefore, • Virginia driver’s licenses; Shortly afterward, state senator remains an open question. • U.S. Passports; Mark Obenshain (R-26th Dist.), • Student IDs “issued by any who sponsored the 2012 voter-ID Hybrid tax repeal. Only a year after institution of higher education law, wrote to the Board arguing passing a widely-ridiculed “hybrid in the Commonwealth”; that the word “valid” actually tax,” which imposed a $64 annual • Employer-issued IDs; or means that the ID in question fee on all hybrid-electric vehicles • Any photo ID “issued by must serve its intended purpose in the Commonwealth, the General the Commonwealth, one outside the voting context. In Assembly reversed itself, repealing of its political subdivisions, other words, to be acceptable, the tax and promising refunds to or the United States.” a driver’s license must allow its those who had already paid. holder to drive, and a passport An ID from this list must also must allow its holder to travel The tax, signed into law by former be “valid.” It remains unclear internationally. Accordingly, to be Governor Bob McDonnell in exactly what “valid” means. “valid,” an ID must be unexpired. 2013, was aimed at making sure On June 10, the State Board of Sen. Obenshain also claimed hybrid owners paid their “fair Elections met to consider how it that the Board had no authority share” for highway maintenance would interpret the term. After to define “valid” under the law. and construction. Generally, the hearing testimony from interested Commonwealth covers those groups, the Board decided In response, the Board delayed expenses through a per-gallon that it would take into account the law’s implementation for gasoline tax. Hybrid owners, 21 days and invited public naturally, buy less gasoline than Continued on following page Ø page 2 • Docket Call • Summer 2014 ØNew Laws, continued from previous page owners of non-hybrid vehicles. lobbyists are forbidden from giving Richmond a bit more comfortable, Therefore, to a certain extent, more than $250 per year to any it does little to end the perception hybrid owners “ride free” on single lawmaker. They must also - or some argue, reality - of roads and highways. By passing disclose any gifts to lawmakers’ runaway handouts in the capital. the hybrid tax, the General immediate family members. Assembly, and former governor, Restrictions on e-cigarette sales. sought to end this free-riding. These reforms, limited as they Under a new law, Virginian will are, are even sparser than join a cadre of jurisdictions that However, the hybrid tax was initially envisioned. Not included already restrict the sale and use immediately and broadly is a provision that would have of e-cigarettes. Before this year, unpopular, drawing criticism prohibited the governor from Virginia did not restrict the sale of in both the local and national accepting more than $50 from such devices. But the new law treats press. Moreover, the original logic any person who was also seeking e-cigarette sales just like traditional behind the law collapsed when a grant from the Governor’s cigarette sales, requiring that the Commonwealth repealed its Development Opportunity purchasers be at least 18 years old. 17-cents-per-gallon gasoline tax Fund. The Fund is a mechanism (which it later replaced with a the Commonwealth uses to For those unfamiliar with the 3% tax, levied at the wholesale funnel public money to private devices, e-cigarettes work by level). Bowing to pressure from businesses willing to relocate funneling a nicotine-laced fluid its constituents (and, perhaps, to, or expand, their operations past a heated coil into a vaporizing the lambasting it received at the in Virginia. Governor McAuliffe chamber. The user then inhales the hand of the press), the General vetoed these limits, complaining vapor, just as a tobacco-cigarette Assembly passed a bill repealing that they applied only to him—not user inhales cigarette smoke. the tax in January, which new to members of the legislature While e-cigarettes are commonly Governor Terry McAuliffe signed and their campaigns. marketed as smoking-cessation into law the following month. McAuliffe’s veto did little to help devices, their health effects are This repeal did not, however, the new law’s credibility; indeed, largely unknown. A recent FDA abolish the new tax entirely: it had already come under study, however, found traces of The owners of all-electric and fire for lacking substance. The diethylene glycol (a toxic substance alternative-fuel vehicles will Washington Post, for one, wrote often found in antifreeze) in several continue to pay an annual fee. an editorial even before the law e-cigarette samples. In light of Theoretically, this fee is more passed, arguing that the proposed that study, a number of states and easily justified than the tax on reforms would do “practically localities have limited the sale and hybrid vehicles, as the owners of nothing to stanch the cascade use of e-cigarettes in public places. all-electric and alternative-fuel of freebies to which Richmond’s The FDA has also moved to regulate vehicles pay no gasoline tax at all. high and mighty feel entitled.” e-cigarettes, recently proposing But only time will tell whether this rules that would bring the devices half-repeal quiets the tax’s critics. There is, admittedly, some basis for this criticism. For example, the law’s within its sphere of supervision. Ethics reform. Following on the limits on direct gifts do not apply As written, the regulations “deem” gifts scandal that embroiled the to “intangible” gifts, such as free e-cigarettes to be just like any McDonnell Administration during meals, travel, and entertainment, other tobacco product and prohibit its last year in office, the General which make up the bulk of giving their sale to minors. Accordingly, if Assembly passed a package of in Richmond. An analysis by finalized in their current form, the ethics reforms aimed at reining in ProgressVA, a left-leaning advocacy regulations will render Virginia’s influence-peddling in Richmond. group, showed that that none of the new law largely superfluous, 756 gifts state lawmakers received prohibiting people younger than Under the old law, lobbyists and in 2012 would have been prohibited 18 from buying e-cigarettes government contractors could give under the new law’s terms. as a matter of federal law. unlimited gifts to lawmakers so long Moreover, the law’s limits apply Mental Health Reforms. Probably as the lawmakers disclosed those only to registered lobbyists and the most significant of these was gifts. Lawmakers did not, however, government contractors, leaving a long-awaited mental-health have to disclose gifts to members everyone else free to shower reform package. This package was of their immediate families. In lawmakers with money. While this largely a response to the tragic contrast, under the new law, sort of freedom might make life in death of Gus Deeds, the son of state Continued on following page Ø page 3 • Docket Call • Summer 2014 ØNew Laws, continued from previous page senator and former gubernatorial reckless disregard for human life Sunday Hunting. the General candidate Creigh Deeds. Last (i.e., “celebratory gunfire”). This Assembly repealed a 1930 law November, Gus committed suicide provision was a response to the that rendered illegal hunting after repeatedly stabbing his death of Brendon Mackey, who was on Sundays. Under the new father. Gus had been released from killed on during a Fourth of July law, landowners may hunt wild an expired emergency custody celebration by a falling bullet. birds and animals on their own order only 13 hours before the property on Sundays. Hunting is stabbing. Under the new reforms, New Animal-Related Laws. The still, however, forbidden within the maximum length of emergency General Assembly also passed 200 yards of a house of worship, custody orders rose from 6 to a hodge-podge of new animal- and it is still illegal on Sundays 12 hours, and the time a person related laws. One such law seeks to hunt deer or bears “with the can be held involuntarily under a to phase out fox pens (enclosures aid and assistance of dogs.” So temporary detention order rose where hunters train dogs train remember, if you’re planning from 48 to 72 hours. The reforms to track and kill wild foxes). The on hunting big game on the also established an online state- new law forbids establishing any Sabbath, leave Fido at home. wide registry for psychiatric beds. new fox pen, but allows existing fox pens to continue operating Alexander T. MacDonald is a New Criminal Laws. Several new for another 40 years. Another law 2012 graduate of the William & criminal provisions also went into now requires pet shops and pet Mary School of Law. He is now effect. Under one new provision, dealers to reimburse purchasers an Honors Attorney in the Office it is now a Class 1 misdemeanor to for their medical costs for any of General Counsel for the U.S. disseminate or sell an unauthorized cat or dog a veterinarian deems Postal Service. He is now the nude or sexually explicit image of to have been unfit for purchase. Executive Editor at the Docket Call another person. Another provision Previously, shops and dealers only newsletter. He can be reached raises the penalty for handling a had to refund the price or exchange at [email protected]. firearm in a manner that shows the pet for one of equal value.

Calling for Submissions to the Young Lawyers Conference Bilingual Attorneys List

Are you fluent in multiple as well as networking purposes. The include your name, contact languages? Are you able to finalized compilation will be placed information, area(s) of practice, and converse with clients and carry out on the Virginia State Bar website so language(s) spoken through the negotiations in another language that potential clients and employers following Google Form. For more with ease? The Young Lawyers will be able to access it through information, contact Immigrant Conference Immigrant Outreach search engines. All interested Outreach Co-Chair, Jamilah D. Committee is creating a Bilingual VSB members are encouraged to LeCruise at [email protected]. Attorneys List to serve both referral submit their information. Please virginia.gov or 757.314.2380 ext.124.

Attention Young You Look Great! Virginia Lawyers What’s Your Secret? Register for the Professional Development (We’ve had a little work done.) Course (PDC). This is a low cost CLE Welcome to the redesigned Docket Call. With a new focused on professional development. layout for easier viewing on digital devices and Date: September 19, 2014 easier-to-print pages, the Docket Call will continue

Locations: Richmond, Washington, providing you with informative articles and featured D.C., and Virginia Beach. columns with some fresh, new twists. Keep your eye out for this fall’s new take on the Involvement Guide, http://www.vsb.org/site/conferences/ ylc-calendar/pdc9192014 providing you with all the details on YLC involvement.

page 4 • Docket Call • Summer 2014 YLC Sunsational Sports

2014 Stitt Memorial Volleyball Tournament Results First Place with a 3-1 Record Team New Regime 1. Doria Martingayle, Captain 2. Kevin Martingayle 3. Tariq Louka 4. Ashrif Louka 5. Harrison Martingayle 6. Molly Biddle

Second Place with a 2-2 Record Team Misfits 1. Christine Fisher, Captain 2. Andy Fisher 3. Tarkan Eastham 4. Drake Cadden 5. Bethany O’Neill 6. Matthew O’Neill 7. Gage Landis

Third Place with a 1-2 Record 2014 Run in the Sun 5k Results Team YLC aka Team The L-Word 42 Runners Women 30-39 1. Dean Lhospital, Captain 1. Marie Washington, 32:17 2. Nathan Olson Top 3 Males 2. Corrynn Peters, 38:20 3. Andy Geyer 1. Harrison Martingayle, 18:13 4. Nathan Veldhuis 2. Matthew O’Neill, 18:36 Women 40-49 5. Eli Veldhuis 3. Jackson Martingayle, 22:47 1. Amy Kelly, 26:22 6. Farnaz Thompson 2. Leslie Dix, 30:44 7. Paula Bowen Top 3 Females 1. Amy Kelly, 26:22 Women 50 and Over Fourth Place 2. Jenny Lee, 27:53 1. Marie Lang, 32:44 with a 0-2 Record 3. Emily Hawthorne, 30:37 2. Jin Doherty, 35:02 Team VanWinkle 1. Will VanWinkle, Captain Youngest Males to Finish Men Under 21 2. Matthew VanWinkle 1. Jackson Martingayle, 1. Harrison Martingayle, 18:13 3. Peter VanWinkle age 12, 22:47 2. Matthew O’Neill, 18:36 4. Turner Allen 2. Matthew Lang, age 13, 31:40 5. Nancy Allen Men 21-29 6. Mason Allen Youngest Females to Finish 1. Benjamin Yobp, 29:20 1. Emma O’Neill, age 10, 42:16 2. Emily Hawthorne, age 13, 30:37 Men 30-39 Both the 2014 Run in the 1. Robert C.T. Reed, 24:54 Sun 5k and Stitt Memorial Top Age Group Finishers 2. Joe Luu, 24:57 Volleyball Tournament, Women Under 21 results shown here, were 1. Emily Hawthorne, 30:37 Men 40-49 sponsored by the Young 2. Emma O’Neill, 42:16 1. John O’Neill, 23:15 Lawyers Conference at 2. D. Eric Wiseley, 31:47 the Annual Meeting. The Women 21-29 Run was also sponsored by 1. Jenny Lee, 27:53 Men 50 and Over Virginia Lawyers Weekly. 2. Ashleigh Iszard, 33:44 1. The Honorable Bill Mims, 24:37 2. Chuck Lollar, 26:29 page 5 • Docket Call • Summer 2014 President’s Message Maureen Danker The Young Lawyers Conference Institute. This year’s Institute hosted Latoya Asia and Providence (YLC) has played a vital role 49 participants from diverse ethnic Napoleon, received rave reviews within the Virginia State Bar for and socioeconomic backgrounds, from the participants and their quite some time. I have personally the largest Institute yet. The families for the well-organized, been involved with the YLC, in week-long summer program engaging, and inspiring Institute a variety of roles, over the last introduces future lawyers to the they led this year, so much so that decade and it played a significant legal profession and gives them the many of the participants already role in my professional and opportunity to meet distinguished inquired about volunteering as an personal development. It is with members of the bench and bar. intern for next year’s program. great pleasure that I have now McGuireWoods LLP sponsored been entrusted to be President this year’s program, which was The Prelaw Institute is just one of of the YLC. I look forward to the held at the University of Richmond many ways to get involved and challenges this incredible position from July 13–18. During the volunteer with the YLC. In addition brings, as well as the role I will have week, participants stayed on the to programs that educate and in furthering the goals and projects University of Richmond’s campus, serve the public, our Professional that the YLC has on the horizon. attended mock trial sessions and Development Course (PDC) is seminars, and participated in another great program for our As your new president, I hope to programs geared towards their young lawyers. This is a low cost build upon the strong leadership development as law professionals, CLE focused on professional of our immediate past president, including an etiquette dinner and a development. The PDC is set to take Kenneth Alger. He answered networking reception - all at no cost. place next month on September countless questions and emails, 19, 2014 in Richmond, Washington, The participants visited D.C., and Virginia Beach. U.S. District Judge James R. Spencer and U.S. Circuit These programs are just the start Court of Appeals Judge of many more to come this year. Roger L. Gregory. They To get involved, please visit our toured the Richmond website: www.vayounglawyers.com City Jail’s old and new for all of the necessary details for facilities and met with each of our programs. Our website Sheriff C.T. Woody and also offers direct links to our social always providing his unwavering General Counsel Tony Pham. media platforms, so you can follow support with an appreciated They visited the Richmond us and keep up with our busy amount of sarcasm and comedy. office of McGuireWoods and calendar of events and activities. I am also so very grateful to met with several attorneys at Don’t forget to also sign up for the have the continued support of the firm, including managing YLC list serve so that you are sure Maureen Stengel, our Virginia partner George Martin. to receive email updates as well. State Bar staff liaison. I look If we can be of further assistance, forward to our telephone calls Justice Cleo Powell, the first feel free to contact our membership that always start with “Hello African-American woman to serve coordinator Paula Bowen at Maureen, this is Maureen.” The on the Supreme Court of Virginia, [email protected], or YLC Board is already coining our was the keynote speaker for the me at [email protected], nicknames, which include “The Institute. She recalled that Samuel so that we may ensure your offers Maureens” and “M&M,” for short. Tucker was the first lawyer she to volunteer are put to good use. With Maureen Stengel’s guidance, met and he inspired her to pursue a career in law. She encouraged Ken’s continuing support and an I look forward to working with the students to remain steadfast in amazing Board of Governors, the YLC Board of Governors to their pursuits and they would attain this Maureen is on the right path make this another great year greater heights than she achieved. for a successful year ahead. for the YLC. In doing so, we are always looking for ways to include The YLC could not have started Many young attorneys volunteered our members in implementing the 2014–15 bar year on a more their time and contributed in and carrying out our programs. positive note than with the annual making the Institute such a Reach out and get involved! Oliver Hill/Samuel Tucker Pre-Law success. The Institute’s chairs,

page 6 • Docket Call • Summer 2014 All In The Family [Family Law] Hybrid Property Classification After David v. David Andrew R. Page It isn’t often that the Supreme burden to prove the significant personal efforts proximately Court of Virginia completely turns efforts caused the increase in value. caused the increase in value. a burden of proof on its head. But in David v. David, 1 it did exactly that LAYING THE BURDENS DOWN Using principles of statutory by reversing over two decades of interpretation, the Virginia When the Davids married, the Virginia jurisprudence regarding Supreme Court erased every husband had an investment equitable distribution. This decision of the Court of Appeals account worth $234,783.16. When column provides a brief synopsis involving this burden of proof. The the parties decided to end the of David’s application to hybrid Supreme Court looked at the plain marriage eight years later, the classification and offers practical language of the statute, noting value of the account had more applications that this case provides it explicitly placed the burden than doubled in value. The wife to young divorce practitioners. of disproving causation on the did not dispute that the account owning spouse, not one of proving OVERVIEW OF HYBRID was her husband’s separate causation on the non-owning CLASSIFICATION property. The issue was whether spouse. Based on that reading, the increase in value of over after a court’s initial classification In order to equitably distribute $300,000.00 should be treated as of property as separate, the non- property, courts must first classify marital or separate. The Hanover owning spouse need only prove the property. Based on Virginia County Circuit Court found that personal efforts by a party and Code (1950) § 20-107.3, property husband’s personal efforts during an increase in value. Once the can be classified as marital, the marriage caused the increase non-owning spouse makes that separate, or part-marital or part- in value, and awarded the wife showing, causation is presumed. separate. This last classification half of the increase in value. Therefore, the burden of proof is popularly known as hybrid shifts to the owning spouse to show The Virginia Court of Appeals property. Before determining which that increase was not caused by reversed the trial court’s decision in property is hybrid, the court must the personal efforts of a party. make an initial classification of an unpublished opinion. For years, property based on the statutory the court interpreted 20-107.3(A) FOR THE YOUNG FAMILY LAWYER presumptions. If the property was (1) and (3) together and created 2 obtained during the marriage, it a three-tier burden of proof. The So what practical points can is presumed marital. Otherwise, owning spouse first had the burden we immediately apply in our it is presumed separate. to prove the property was separate. practices as young lawyers? First, Once met, the non-owning spouse always start with the Code. Many Separate property can transmute had to prove, not only that the practitioners skip past this step, into martial property if the separate contributions of marital property resorting either to their own past property increases in value during or personal efforts were made experiences or relying on case law. the marriage and the increase is and that the separate property This case brought a sea change in due to the use of marital property increased in value, but that the the domestic relations area simply or the personal efforts of either personal efforts were the proximate because a lawyer took the time to party, so long as the personal cause of the increase. If proven, read exactly what the Code said efforts were significant and result the burden shifted to the owning and argued the plain language. in substantial appreciation. The spouse to show the increase was Don’t be lazy; read the Code. non-owning spouse has the burden not due to contributions of marital of proving contributions of marital property or personal effort. The Second, what you learned from property or personal efforts court in David v. David, relying law school is more important were made and that the separate on its long history of precedent than you think. Creatively apply property increased in value. At in this interpretation, determined what you already know about issue in David was whether the that the wife failed to meet the the law. The Supreme Court non-owning spouse also had the burden of proving husband’s relied on principles of statutory construction, principles which we all learned in our first year law school classes. Plain language, Continued on following page Ø page 7 • Docket Call • Summer 2014 ØFamily Law, continued from previous page the presumption that a legislature is a weakness. According to the relations cases. Be positive and purposefully chose language, Supreme Court, lawyers and confidently walk your divorce intentional omission of language, courts had been misinterpreting an clients through their difficulties. and even legislative history are important provision of family law not subjects foreign to us at our for nearly 20 years. If experienced Drew Page is a 2010 graduate of level of experience. Use the skills attorneys can make mistakes, we Regent University School of Law. gleaned from your research and certainly should be encouraged to He is now a partner at Stallings & writing classes to thoroughly do our best to make an argument Randall, P.C. He can be reached develop your arguments. and zealously represent our at [email protected]. clients without worrying about Finally, don’t be intimidated into messing up. Your clients expect thinking that your inexperience confidence, particularly in domestic Endnotes 1 287 Va. 231 (2014). 2 See Cirrito v. Cirrito, 44 Va. App. 287, 605 S.E.2d 268 (Ct. App. 2004) for a detailed explanation of the Virginia Court of Appeal’s interpretation and application of its three-tier burden of proof for hybrid property cases.

The Great Estate [Virginia Estate Planning] Estate Planning 101: Not Just for the Rich and Old Jesci Norrington Everyone has heard of a will, and worry about during these difficult, There is more than just the medical you may have taken Trusts and emotionally-draining situations. component to think about. Without Estates as a course in law school. simple estate planning in place, You’ve probably also had at least Estate planning is not only for there are numerous stresses one family member or friend ask the rich and the old. The key and issues that can arise for the you if you can draft a will. You may word is planning. This can be as ones left to deal with settling feel confident drawing up a simple complex or as simple as the client’s an estate. For example, having will, but are you really addressing wishes dictate. Whether it is a power of attorney for a disability your friend or family member’s simple will, power of attorney and situation. Ask your clients - if they future estate planning needs? medical directive, or a complex were in a car accident tomorrow, system of irrevocable insurance who would manage their affairs? Estate planning can be many trusts will depend on your client’s Does someone have access to things to many people. Typically, specific goals and plan.. all of their accounts? Will they estate planning is used to try be able to pay the bills? Get the These issues can arise at any time and eliminate uncertainties and mail? Take care of the pets? This and at any stage in life. Perhaps the problems with the administration is especially important for single most famous example is the Terri of an estate. It can also be useful in people where there is no spouse Schiavo case. At age 27, the legal reducing taxes, protecting assets already named on accounts, or battle began between her husband down the bloodline, and maximizing to take on the executor role. the value of an estate. However, it and her parents as to whether should be looked at as a priceless or not to keep her alive after she Additionally, if there was a tragic tool to ensure a smooth transition suddenly suffered massive brain accident and your client passed for loved ones when faced with damage and fell into a vegetative away with no documents in place, a death or disability situation. state. This battle lasted 15 years the court will have to be involved. and involved a plethora of trials, The courts will appoint guardians Ask your client, if they passed appeals and new laws being for any children. And, even with away, would their loved ones enacted and struck down. All this a few assets, the court will have know their wishes? Estate could have been avoided by a to control the process and make planning can arm loved ones simple medical directive stating decisions for your client’s estate. with the right documents and her wishes and appointing a State statutes will determine instructions. If they know they health care representative to how their property is distributed are carrying out the wishes of make decisions on her behalf. instead of the decedent’s the decedent, they have less to loved ones making that call. Continued on following page Ø page 8 • Docket Call • Summer 2014 ØEstate Planning Law, continued from previous page Estate planning is an important happens to one of the owners or yourself, your family, or for a client topic to think about when advising members. Even if you do not feel this is just a friendly reminder your clients in other practice comfortable doing the documents, to get something in place. areas. For example, in family law, asking about your client’s estate there are divorce situations and planning shows you truly care Jesci Norrington is a 2013 graduate division of assets. There may about the client and their family. of George Mason University School have been old wills in place or of Law. She is now an associate at beneficiary designations that Estate planning encompasses InSight Law, an estate planning firm need to be updated. Additionally, so many different issues for based in Ashburn, VA. She may be when practicing business law, people of all ages and economic contacted at [email protected]. it is important to ensure there backgrounds. So whether you is a plan in place if something take part in estate planning for

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VSB 77th Annual Meeting 06/17–06/21/2015

page 9 • Docket Call • Summer 2014