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President's Page ...John M President’s Page ........................................ John M. Ryan 2 John Marshall--The Early Years ................ William B. Spong, Jr. 4 9 Medical Malpractice Caps and the Right to a Jury Trial in Civil Actions ..................... Robert Acosta-Lewis 11 Tax Considerations £or Personal Service Corporations After the Tax Reform Act of 1986 and the Revenue Act and Pension Protection Act of 1987 ..... William J. Day 16 25 THE VIRGINIA BAR ASSOCIATION OFFICERS AND EXECUTIVE COMMITTEE President President-Elect Past President John M. Ryan Thomas T. Lawson R. Gordon Smith 500 World Trade Center P.O. Box 720 One James Center Norfolk, Virginia 23510 Roanoke, Virginia 24004 Suite 800 Richmond, Virginia 23219 Chairman, Chair-Elect Secretary- Treasurer Young Lawyers Section Young Lawyers Section Robert C. Wood, III Peggy O’Neal Haines David G. Stiuford P.O. Box 958 P.O. Box 2009 P.O. Box 1122 Lynchburg, Virginia 24505 Bristol, Virginia 24203 Richmond, Virginia 23208 Executive Committee F. Claiborne Johnston, Jr., Chairman Howard W. Martin, Jr. Thomas C. Brown, Jr. P.O. Box 1122 1640 Sovran Center 8280 Greensboro Drive Richmond, Virginia 23208 Norfolk, Virginia 23510 Suite 900 McLean, Virginia 22102 John E. Donaldson George H. Roberts, Jr. George H. Heilig, Jr. School of Law 90 North Main Street 15 Stony Point Center College of William and Mary Harrisonburg, Virginia 22801 700 Newtown Road Williamsburg, Virginia 23185 Norfolk, Virginia 23502 Allen C. Goolsby, III Thomas G. Hodges P.O. Box 1535 340 W. Monroe Street Richmond, Virginia 23212 Wytheville, Virginia 24382 Executive Director Director, Committee Activities Sue Gift Sanders , Emerson G. Spies Suite 1515, 7th & Franklin Streets School of Law 701 E. Franklin Street University of Virginia Richmond, Virginia 23219 Charlottesville, Virginia 22901 Articles and Other Contributions Subscription Information Membership Inquiries, Applications Contributions are welcome, but the right Subscription inquiries from libraries and and Address Changes is reserved to select material to be pub- out-of-state individuals should be directed Membership dues include the cost of lished. Publication of any article or state- to: one subscription to each member of the ment is not to be deemed an endorsement Association. of the views expressed therein by the Bess Wendell, Associate Editor The Virginia Bar Association Journal Inquiries about and applications for Association. 3849 W. Weyburn Road Association membership and changes of Material submitted for publication in Richmond, Virginia 23235 address should be sent to: the Journal should be sent to: The Virginia Bar Association Charles E. Friend, Editor Suite 1515, 7th & Franklin Bldg. The Virginia Bar Association Journal 701 E. Franklin Street Post Office Drawer H F Richmond, Virginia 23219 Williamsburg, Virginia 23187 The ldrginia Bar lssociation Journal Volume XIV Fall 1988 Number 4 CONTENTS " EDITORIAL BOARD John M. Ryan Appointed Members John Marshall--The Marly Years~. ........ William B.Spong, Jr. David W. Parrish, Jr. Chairman John Ma£shali~ House°is~VBA Centennial .~roje~ ’, :., Charlottesville Vernon M. Geddy, Jr. Medicaid.Malpractice Caps. anathe Right’t0 Williamsburg Jm~ ’I’Hal in Civil Nctiohs .................. John L. Walker, Jr. Robert Acosta-I~ewis Roanoke John F. Kay, Jr. Tax Considerations fo PersOnal S trice Richmond CorporationsAfter the Tax Reform Act~0f Ex-Officio Members John M. Ryan President Norfolk The SummerMeeting :. .... ’ ...... ... .......... ~.~., .... o 26 Thomas T. Lawson Summer Meeting Programs,. .................... - ..... President-Elect Tournament~Winners .... - Roanoke Sponsors ................... ~..~ ................ Sue Gift Sanders Patrons ...... ° ................. -. ....................... 35 Executive Director Newly Admitted Members .................... Richmond YLS Community Law Week..,. :. 41 Peggy O’Neal Haines YLS Chairman’s Report . ~, ........... ’. .... Chairman, Young Memorials ..... ................ ~.~.... Lawyers Section ~ Bristol The Virginia Bar Association Journal (ISSN 0360-3557) is published Editorial Staff quarterly by The Virginia Bar Association, Suite 1515, 7th & Franklin Building, 701 E. Franklin Street, Richmond, Virginia 23219, ds a service Charles E. Friend to the profession. Second,class postage paid at Richmond, Virginia, Editor 23232. POSTMASTER: Send address changes to the above address. Bess Castle Wendell Associate Editor Membership dues include the cost of one subscription to each member of the Robert E. Spicer, Jr. Association. Subscription price to others, $20.00 per year; single copies $5.00. Editor, Young Lawyers Contributions @1988 The Virginia Bar Association JOHN M. RYAN SEVERALyears ago, at the instance of Bill Dolan, Robert J. Grey, Jr., a partner in Mays & Valentine, then President of the Virginia State Bar, the Virginia follows Bill Dolan as the new President of the Virgin- Commission on Women and Minorities in the Legal ia Commission on Women and Minorities in the Legal System was established as a means of bringing more System. He has served on the ABA’s Commission on women and minorities into the mainstream of bar Minorities since 1986 and is a member of the National activities. Under Dolan,s leadership the Commission Steering Committee of the Minority Counsel Demon- has become a positive force in heightening the stration Project. awareness of the organized bar as to the problems of The Virginia Commission on Women and Minori- women and minorities. ties in the Legal System brings together the aware- This past June at the State Bar meeting in Virginia ness and energy of the Virginia Women Attorneys Beach, the Commission hosted a program highlight- Association and the Old Dominion Bar Association ing an ABA sponsored pilot project designed to bring with the size and growing concern of The Virginia minority lawyers and corporate America together. Bar Association, the Virginia State Bar and the Vir- Known as The Minority Counsel Demonstration Proj- ginia Trial Lawyers Association. Representatives of ect, the program commits seventeen of the nation’s each of these organizations sit on the Commission largest corporations to assigning substantial portions and serve, collectively, to bring the Commission’s of their "outside" work to minority firms and minor- work to the attention of the bar, the judiciary and the ity lawyers, Although the project’s architect, Michi- public. gan Supreme Court Justice Dennis Archer and top The Commission’s projects have included the spon- corporate counsel from AEtna Life and Casualty and sorship of programs at the state judicial conferences Chrysler Corporation were panelists, the program designed to address judicial attitudes toward women drew little notice beyond those who were actually and minorities and a study, recently delivered to the present. I want to take this opportunity to bring to our Virginia Supreme Court, dealing with the selection membership’s attention the work of the Virginia and use of judicially appointed, quasi-judicial officers Commission on Women and Minorities arid the vital such as Commissioners of Accounts. importance of our less widely-known bar associa- Working with the ABA, the Commission also par- tions, the Old Dominion Bar Association and The Vir- ticipates in nationwide projects which benefit minor- ginia Women Attorneys Association. ity and women lawyers and, ultimately, the public. Virginia’s minority bar and women’s bar are Commission President Grey has brought the ABA’s actively pursuing the goal of opening the legal profes- Minority Counsel Demonstration Project home to Vir- sion to all. At a recent national conference in Dallas ginia. Lawyers across the nation will watch the proj- titled, "Sharing the Opportunity/Sharing the R~ ect with interest. ~vards--A National Conference to Promote Minority Where the Virginia Commission on Women and Involvement in the Legal Profession" where Justice Minorities in the Legal System is a new and innova- Archer’s Minority Counsel Demonstration Project tive factor in opening the doors to legal practice in was announced, Virginians played a significant role. Virginia, other lawyer associations have been serving Our Lieutnant Governor, L. Douglas Wilder, was a their constituencies for years. The Old Dominion Bar principal speaker; Professor Okianer C. Dark of the T. Association, the Virginia Women Attorneys Associa- C. Williams law faculty was an active participant and tion and the Virginia Association of Black Women the Richmond firm of Wilder, Gregory & Martin was Attorneys are active forces in their respective spheres. one of twenty firms throughout the nation chosen to Questions are frequently asked, "Why are there so work with the project’s "Fortune 500" participants. many bar associations? Why can’t all lawyers be in one bar association?" Generally, the question is framed in reference to either a women’s bar or a minority bar group. The answer of course is that such bar associations originated because existing bar groups were either closed or were unresponsive to the significant and rapidly growing concerns of women and minorities. Years ago when Spottswood W. Robinson, III and Oliver W. Hill were beginning their practice in Rich- mond, our state-wide associations were not seeking their active participation. Likewise, as women law- yers began to enter the law schools and seek jobs with the state’s law firms, their particular problems were not the subject of bar association attention. We are late in developing a concern for all of Virginia’s law- yers
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