July 2003 Free Advice for Your Law Practice
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MEETINGVBA-WVBA THIS MONTH! SUMMER Journal News • VBA The Official Publication of The Virginia Bar Association Volume XXIX, Number 5 See PLSNH In This Issue! July 2003 Free Advice for Your Law Practice: vnj0703.p65 1 7/3/03, 11:11 AM You’ve got big dreams for your retirement years. Shouldn’t you protect those dreams with long-term care coverage? Virginia Barristers Alliance offers discounts on long-term care coverage for members of The Virginia Bar Association. Add your spouse to a policy and get another discount. If your firm offers the coverage, there are tax advantages. Plus, you get access to 11 CLTC specialists and access to 10 major LTC insurers through the Alliance. And all it takes is one phone call to make it happen. Don’t let unforeseen health crises turn your dreams into nightmares. Visit www.virginiabarristersalliance.com or call Dean Hardy and Howard DiSavino Jr. at 1-800-358-7987 or (804) 270-8720. vnj0703.p65 2 7/3/03, 11:13 AM VBA• • Suite 1120 701 East Franklin Street Richmond, VA 23219 News Journal (804) 644-0041 FAX (804) 644-0052 THE VIRGINIA BAR ASSOCIATION E-mail: [email protected] VOLUME XXIX, ISSUE 5 • JULY 2003 Web: http://www.vba.org 4 • President’s Page: President Frank A. Thomas III, Orange Strengthening the Bonds President -elect Frank A. Thomas III E. Tazewell Ellett, Alexandria 6 • The VBA-WVBA Summer Meeting Immediate Past President 8 • Looking Back in History, 1940: J. Edward Betts, Richmond Ties of Comradeship, Bonds of Sentiment Young Lawyers Division Chair Stephen D. Otero, Richmond West Virginia Governor Homer Holt’s address Young Lawyers Division Chair-elect to the 1940 VBA-WVBA joint meeting Stacy M. Colvin, Richmond 11 • SPECIAL SECTION: Law Practice Management Division Chair Practicing Law Smarter Not Harder Heman A. Marshall III, Roanoke the quarterly newsletter of the VBA Law Practice Management Chair, Board of Governors Division, edited by Gant Redmon, Jan Thomas and Jack White James V. Meath, Richmond 16 • From the Bookshelf: John Tucker’s Trial and Error Board of Governors The Officers and 17 • Virginia Law Foundation announces 2003-04 grant awards Hon. William G. Broaddus, Richmond Ann T. Burks, Richmond 18 • Young Lawyers Division: Marilynn C. Goss, Richmond Non-litigators needed to maintain momentum Prof. Roger D. Groot, Lexington in Nonprofit Legal Support Project Glenn C. Lewis, Fairfax Hon. William C. Mims, Leesburg Stephen D. Otero Frank West Morrison, Lynchburg 19 • In Memoriam D. Alan Rudlin, Richmond Gregory T. St. Ours, Harrisonburg 20 • Across the Commonwealth Harriette H. Shivers, Roanoke Hon. Diane M. Strickland, Roanoke StatePulse news now available on VBA website • 2003 VBA William R. Van Buren III, Norfolk Nominations Committee identified • Last call for Virginia Hon. John E. Wetsel Jr., Winchester Law Foundation Fellows nominations • Fall conference calendar Member of ABA House of Delegates 22 • News in Brief Hon. R. Terrence Ney, Fairfax 22 • Classifieds/Professional Announcements Legislative Counsel Anthony F. Troy, Richmond 23 • VBA Patrons David G. Shuford, Richmond 24 • Calendar Robert B. Jones Jr., Richmond Anne Leigh Kerr, Richmond On the Cover: The Old White Course at The Greenbrier, site of this month’s VBA- Executive Vice President Charles Breckenridge Arrington Jr. WVBA Summer Meeting, in a departure from our usual practice of featuring a Virginia courthouse. One hundred forty photographs of Virginia courthouses are contained in Administrative Director Sandra P. Thompson Virginia’s Historic Courthouses, written by John O. and Margaret T. Peters with a foreword by the late Justice Lewis F. Powell Jr.; photographs by John O. Peters; published by VBA News Journal Editor Caroline Bolte Cardwell University Press of Charlottesville; and sponsored by The Virginia Bar Association. To order the book, call the VBA at (804) 644-0041 or 1-800-644-0987. OUR MISSION The Virginia Bar Association is a voluntary VBA NEWS JOURNAL, the official publication of The Virginia Bar Association (ISSN 1522-0974, organization of Virginia lawyers USPS 093-110), is published eight times per year (in the months of January, March, April, June, committed to serving the public and the July, September, October and December). Membership dues include the cost of one subscription legal profession by promoting the highest to each member of the Association. Subscription price to others, $30 per year. Statements standards of integrity, professionalism, or expressions of opinion appearing herein are those of the authors and not necessarily those and excellence in the legal profession; of the Association, and likewise the publication of any advertisement is not to be construed as working to improve the law and the an endorsement of the product or service unless specifically stated in the advertisement that administration of justice; and advancing there is such approval or endorsement. Periodicals postage paid at Richmond, VA 23232. collegial relations among lawyers. POSTMASTER: Send address changes to The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219. vnj0703.p65 3 7/3/03, 11:14 AM PRESIDENT’S PAGE Strengthening the Bonds by Frank A. Thomas III One of my favorite passages of Shakespeare is the discussion Henry The fostering of collegiality is the best V has with his leaders before the method of expanding our familiarity battle of Agincourt. When one of his lieutenants describes his desire for with other lawyers and getting to more troops to meet the French know them as individuals... VBA forces which greatly outnumber the meetings are wonderful opportunities English, King Henry upbraids him to renew old friendships and to make strongly. As Henry reflects on the glory that belongs to those who new ones in a pleasant and relaxed prevail, he refers to his comrades in atmosphere. — Frank Thomas arms as “We few, we happy few, we band of brothers.” He makes it clear that he intends to refer not only an area where the lawyers know each are able to see other lawyers in the to the nobles who hear him but to all other and, in most cases, the same light as ourselves and that who are engaged in the enterprise spouses of the other lawyers and they have the same goals, interests including the foot soldiers such as even know something of the other and problems that we do, they the feckless Nym, Bardolph and lawyers’ families. On Term Day or become more than simply an Pistol. Motions Day shortly before the judge adversary or a target. We can Henry V is full of references to the comes on the bench, lawyers are recognize our common bonds and in youth of the King and how he has gathered in small groups in the doing so can respect our opponents changed from the party boy we see in courtroom exchanging pleasantries for the things we share. Henry IV, Part I. We find him there or the latest county gossip. While The fostering of collegiality is the as Prince Hal in the company of they will shortly become adversaries, best method of expanding our Falstaff, as well as Nym and they have not forgotten they are familiarity with other lawyers and Bardolph, drinking and engaging in friends. While my most recent getting to know them as individuals. mischief that would seem to be experience has been in Piedmont Collegiality is a value that is easy to beneath the station of the next King Virginia, I have been fortunate to overlook. It requires the intentional of England. While the bystanders in have similar experiences in the interjection of one’s self into a social Henry V clearly believe the King has Shenandoah Valley and within the context to connect with others in a changed, there may be more of a large firm in which I started manner which goes deeper than connection than they would admit. practicing law. I enjoy getting to simply the matter at hand. It can be The affection the young Prince Hal know the lawyers with whom I work as simple as getting to know feels for his fellow revelers is similar as people and believe my practice is something about another lawyer to that he feels for his comrades on both more pleasant and richer for it. personally in the context of a the eve of the battle of Agincourt. It Most lawyers have a competitive telephone call or the larger reflects his ability to reach outside of bent, if only from the competitive interaction that occurs at organized himself in a given situation and process that is becoming a lawyer. social events. establish a bond with those around Added to this bent is the admonition The meetings of our Association him that reflects their common that we be zealous advocates for our have long been a focus for bonds and interests. clients. Within this context, if the collegiality. They are wonderful What, might you ask, does any of only time lawyers see each other is opportunities to renew old this have to do with the practice of as adversaries or competitors, it friendships and to make new ones in law? I would suggest it provides a dramatically increases the likelihood an atmosphere that is pleasant and metaphor for the collegiality that is of the uncivil behavior that is often relaxed. They offer an opportunity one of the core values of the VBA. complained of in relations among for us to get to know other lawyers, I am fortunate to practice law in lawyers. If, on the other hand, we their spouses and families and 4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL JULY 2003 vnj0703.p65 4 7/3/03, 11:14 AM explore the common bonds that unite The Annual Meeting, while very will get out of it what you put into it.