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VIRGINIA LAWYER REGISTER the Official Publication of the Virginia State Bar Virginia LawyerVOL. 69/NO. 5 • February 2021 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar The Health Law Issue The COVID-19 Pandemic and the Law Attorney General Mark R. Herring and the Pandemic Legal Team Virginia Lawyer The Official Publication of the Virginia State Bar February 2021 Volume 69/Number 5 Features Noteworthy HEALTH LAW VSB NEWS 37 Stephanie Grana Elected VSB 13 The Year of Health Law Adaptation President-elect by Allyson K. Tysinger 37 New Virginia Lawyers Sworn in Virtually 14 COVID-19 Liability in Long-Term Care: A Tidal Wave or a Trickle of Litigation in Virginia? 37 Be Prepared: National Healthcare by Beth A. Norton Decisions Day 38 Prince William County Bar 18 Expansion of Telemedicine during COVID-19 Association Honors Local and the Issue of Non-Compete Agreements Attorneys by Dean E. Lhospital 39 In Memoriam 40 Augustus Benton Chafin 22 The New Virginia DOLI COVID-19 Emergency Workplace Standards: An Administrative Nightmare for Healthcare Providers 40 Florence W. Madden by William P. “Scott” Daisley and Elizabeth Dahl Coleman 41 Joan Marie O’Donnell 41 Mark B. Sandground Sr. 26 Pre-Disposition Mitigation of Traffic Cases: A Simple Proposal to Improve Access to Justice, Public Health, 42 Bar Council Elections and Court Operation during COVID and Beyond by Shawn Mihill Departments 6 Forum 28 The COVID-19 Pandemic: The Legal Issues, the Public Impact, and Our Progress 36 Wellness by Mark R. Herring, Attorney General of Virginia 57 Professional Notices 60 Cartoon GENERAL INTEREST 60 Advertiser’s Index 61 Classified Ads 30 Goodbye VPNs – Hello Zero Trust Network Access by Sharon D. Nelson and John W. Simek Columns 8 President’s Message 32 Opinion: Virginia’s Cash Bail System: Denying Due Process to the Poor 10 Executive Director’s Message by Clarence M. Dunnaville Jr. 12 Bar Counsel’s Message 43 Access to Legal Services VIRGINIA LAWYER REGISTER 44 Letter from the Access to Justice Commission 50 Disciplinary Summaries 46 Law Libraries 51 Disciplinary Proceedings 47 Technology and the Future Practice 52 Notices to Lawyers: A Roundup of News and Proposed Rule Amendments of Law from vsb.org 48 Risk Management 53 CLE Opportunities 62 The Last Word Cover: Attorney General of Virginia Mark R. Herring and members of his pandemic team: First row: Attorney General of Virginia Mark R. Herring; Second row (L to R): Deputy Attorney General Keonna C. Austin; Chief Deputy Attorney General Erin B. Ashwell; Third row (L to R): Heather Hays Lockerman; Justin I. Bell; Carol L. Lewis; Fourth row (L to R): Grant E. Kronenberg; Robin V. Kurz; Fifth row (L to R): Solicitor General Toby J. Heytens; Allyson K. Tysinger, Health Law Section Chair. Photo by Deirdre Norman at the Attorney General’s office in the historic Barbara Johns Building. 3 Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2020–21 OFFICERS 15th Circuit Brian L. Buniva, President Allen F. Bareford, Fredericksburg Jay B. Myerson, President-elect Marni E. Byrum, Immediate Past President 16th Circuit www.vsb.org Karen A. Gould, Executive Director and R. Lee Livingston, Charlottesville Chief Operating Officer Palma E. Pustilnik, Charlottesville Editor: EXECUTIVE COMMITTEE 17th Circuit Deirdre Norman Brian L. Buniva, President Adam D. Elfenbein, Arlington ([email protected]) Jay B. Myerson, President-elect Jennifer S. Golden, Arlington Marni E. Byrum, Immediate Past President Gregory T. Hunter, Arlington Creative Director: Eugene M. Elliott, Roanoke Joshua D. Katcher, Arlington Caryn B. Persinger Stephanie E. Grana, Richmond William H. Miller, Arlington ([email protected]) Chidi I. James, Fairfax 18th Circuit Eva N. Juncker, Falls Church Barbara S. Anderson, Alexandria Assistant Editor: William M. Moffet, Abingdon Stacey R. Harris, Alexandria Kaylin Bowen Eric M. Page, Richmond John K. Zwerling, Alexandria ([email protected]) CONFERENCE CHAIRS AND PRESIDENT 19th Circuit Conference of Local and Specialty Bar Advertising: Susan M. Butler, Fairfax Associations – Susan N. G. Rager, Coles Point Brian C. Drummond, Fairfax Deirdre Norman Diversity – Sheila M. Costin, Alexandria ([email protected]) David J. Gogal, Fairfax Senior Lawyers – Margaret A. Nelson, Sandra L. Havrilak, Fairfax Lynchburg Chidi I. James, Fairfax Young Lawyers – Melissa Y. York, Richmond Douglas R. Kay, Tysons Corner VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) COUNCIL Daniel B. Krisky, Vienna is published six times a year by the Virginia State Bar, Christie A. Leary, Fairfax 1st Circuit David L. Marks, Fairfax 1111 East Main Street, Suite 700, Richmond, Virginia Damian J. (D.J.) Hansen, Chesapeake Nathan J. Olson, Fairfax 23219-0026; Telephone: (804) 775-0500. Subscription 2nd Circuit Luis A. Perez, Falls Church Rates: $18.00 per year for non-members. This material Ryan G. Ferguson, Virginia Beach Susan M. Pesner, Tysons is presented with the understanding that the publisher Jeffrey B. Sodoma, Virginia Beach Wayne G. Travell, Tysons Michael M. York, Reston and the authors do not render any legal, accounting, Bretta Z. Lewis, Virginia Beach or other professional service. It is intended for use by 3rd Circuit 20th Circuit Meredith B. Travers, Portsmouth R. Penn Bain, Leesburg attorneys licensed to practice law in Virginia. Because of Susan F. Pierce, Warrenton the rapidly changing nature of the law, information 4th Circuit 21st Circuit contained in this publication may become outdated. As Ann B. Brogan, Norfolk Gary A. Bryant, Norfolk G. Andy Hall, Martinsville a result, an attorney using this material must always Neil S. Lowenstein, Norfolk research original sources of authority and update 22nd Circuit 5th Circuit Eric H. Ferguson, Rocky Mount information to ensure accuracy when dealing with Thomas G. Shaia, Suffolk a specific client’s legal matters. In no event will the 23rd Circuit 6th Circuit Eugene M. Elliott Jr., Roanoke authors, the reviewers, or the publisher be liable for J. Daniel Vinson, Emporia K. Brett Marston, Roanoke any direct, indirect, or consequential damages resulting 7th Circuit 24th Circuit from the use of this material. The views expressed herein Benjamin M. Mason, Newport News Eugene N. Butler, Lynchburg are not necessarily those of the Virginia State Bar. The 8th Circuit 25th Circuit inclusion of an advertisement herein does not include Marqueta N. Tyson, Hampton William T. Wilson, Covington an endorsement by the Virginia State Bar of the goods 9th Circuit or services of the advertiser, unless explicitly stated 26th Circuit Susan B. Tarley, Williamsburg Nancy M. Reed, Luray otherwise. Periodical postage paid at Richmond, 10th Circuit Virginia, and other offices. 27th Circuit E. M. Wright Jr., Buckingham R. Cord Hall, Christiansburg 11th Circuit 28th Circuit Shaun R. Huband, Petersburg William M. Moffet, Abingdon POSTMASTER: 12th Circuit Send address changes to 29th Circuit P. George Eliades II, Chester D. Greg Baker, Clintwood VIRGINIA LAWYER MEMBERSHIP DEPARTMENT 13th Circuit 30th Circuit Dabney J. Carr IV, Richmond Greg D. Edwards, Jonesville 1111 E MAIN ST STE 700 Leah A. Darron, Richmond RICHMOND VA 23219-0026 31st Circuit Eric M. Page, Richmond Maryse C. Allen, Prince William Cullen D. Seltzer, Richmond MEMBERS AT LARGE Susheela Varky, Richmond Denise W. Bland, Eastville Eva N. Juncker, Falls Church Neil S. Talegaonkar, Richmond Lenard T. Myers, Jr., Norfolk Henry I. Willett III, Richmond Molly E. Newton, Newport News Virginia State Bar Staff Directory Lonnie D. Nunley, III, Richmond Frequently requested bar contact 14th Circuit Patricia E. Smith, Abingdon Craig B. Davis, Richmond Joanna L. Suyes, Richmond information is available online at Stephanie E. Grana, Richmond Nicole E. Upshur, Virginia Beach www.vsb.org/site/about/bar-staff. Marissa D. Mitchell, Henrico Lisa A. Wilson, Arlington 4 VIRGINIA LAWYER | FEBRUARY 2021 | VOL. 69 www.vsb.org VIRGINIA STATE BAR MEMBERS’ INSURANCE CENTER ONEDIGITAL an affiliate of OneDigital endorsed by the Virginia State Bar We are employeeVIRGINIA STATE BAR ONEDIGITAL MEMBERS’ INSURANCE CENTER benefits specialists dedicated to the needs of Virginia law firms. Simplifying the Employee Benefits Experience Four Ways We Help You Win 1. Group Health Insurance 2. Individual Health Insurance 3. Term Life Insurance 4. Disability Insurance Contact Bob Spicknall to learn more. 877.214.5239 | [email protected] | www.vsbmic.com Forum Letter to the Editor I read with interest your December issue on the importance of local bar associations. As many Virginia Lawyer readers Letters may already know, my mother, Rosalie Small, passed away in September 2020. For 15 years, starting in the late 1970s, Rosie Send your letter to the editor to: was Executive Director of the Fairfax Bar Association, helping to make that organization into one of the most important small bars [email protected] or in the country. Virginia State Bar She wasn’t an attorney, and, thus, wasn’t a member of the VSB. Still, I believe that Virginia Lawyer Magazine many VSB members owe so much to people like Rosie, who are the unsung workers 1111 E Main St., Suite 700 for many bars across the Commonwealth. Richmond, VA 23219-0026 J. Max Weintraub Letters published in Virginia Lawyer Senior Litigation Counsel may be edited for length and clarity United States Department of Justice and are subject to guidelines avail- able at www.vsb.org/site/publica- In Response to “Help Bring Justice for All to Rural Virginia” tions/valawyer/. Regarding your article in the Virginia The difference is that many of those Lawyer entitled “Help Bring Justice For 148 lawyers are retired or not actively All To Rural Virginia”. As you men- practicing, or are prosecutors or their tioned in the article, there is a dearth of assistants, personal injury firms, or may lawyers in rural areas. That is especially have a residence address in the coun- true in the Northern Neck and Middle ty but do not practice in the area. By Peninsula counties where I practice. It example, John Rellick is the managing seems that fewer lawyers want to prac- attorney for the legal aid office (Legal tice in rural areas now.
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