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:

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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

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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. us. different in both character and price While it may not become an annual The Summer Meeting has been a from the Summer Meeting, offers practice, try it out. If for some reason continuing subject of discussion for similar opportunities for collegiality. the Summer Meeting is still not your our Board of Governors. We are As the annual meeting of our dish of tea, consider the Annual aware of the concerns our members Association, it brings together many Meeting or any one of the several have expressed over the ever- of the functions of our Association in advanced CLE programs sponsored by increasing price for the event. In the a pleasant setting. The activities are our Association or even the not too distant past entire firms many and varied, and there is opportunity to volunteer for section would close down to come to the something about the combination of and committee work. gathering. Now, lawyers complain Colonial Williamsburg, winter and Collegiality is not a passive virtue. that it becomes harder and harder to good fellowship that is truly unique. It requires each of us to reach out and get the approval of their firms for the Our sections have also done much connect with other lawyers. It is easily expense of the event. to foster collegiality. The annual pressed aside by the pressures of And yet, despite these problems, programs of, for example, our billable hours and demands of clients. the Summer Meeting continues to Bankruptcy, Labor, and Wills, Whether attending a meeting or hold its own. The number in Trusts and Estates Sections, while simply taking the time to connect on attendance has remained relatively known for the high quality of the a personal basis with another lawyer, stable and it continues to be largely CLE available, are also wonderful we must remember to take the time self-supporting. The VBA dues do opportunities to interact with other to do it. While we might not quite not subsidize it. I believe that lawyers in a social setting and to get replicate the bonds of which King members support the meeting as to know them better. The telling of Henry speaks so glowingly before they do because of opportunities the war stories or even a good joke or the battle of Agincourt, we will be gathering presents for collegiality. It two in a relaxed environment brings reminded of the things we share in is a unique opportunity to get to us closer together. common with our fellow lawyers. As know other lawyers in a pleasant and While there are those of our we understand and acknowledge these relaxed setting – to laugh and joke members who never miss a meeting, bonds, we realize that our fellow with them, play golf and tennis with there are others who are put off by the lawyers are more than adversaries or them, or simply catch up on what formality of it all or believe they competitors. Even in our differences, has been going on in each others’ simply do not have the time. To those we are united in our common lives. persons I would say give it a try. You profession. VBA

A Special Membership Opportunity! The Virginia ADR Joint Committee, with the support of The Virginia Bar Association and the Virginia State Bar, has opened its membership to all members of the VBA and VSB interested in alternative dispute resolution. For an annual dues payment of $25, here’s what you’ll receive as a member of The Virginia ADR Joint Committee: Access to practical CLEs on advocacy and techniques in mediation, arbitration and negotiation • A newsletter with information about recent ADR developments and practice tips • Opportunities for networking and mutual assistance • Participation in legislative processes. Interested in joining this dynamic group and learning more about the growing field of ADR? Join today by completing the information on the form below and mailing it with your dues payment to The Virginia Bar Association office, the Committee’s administrative base. Name: ______Employer: ______Address: ______City/State/Zip:______Phone: ______Fax: ______E-mail: ______Virginia State Bar Join Date: ______Date of Birth: ______My 2003 Virginia ADR Joint Committee dues payment of $25 is enclosed (check made payable to the administrator of the Committee, The Virginia Bar Association). _____Please charge my dues payment to my credit card. (check) ___ Visa ___ MasterCard ___AmEx Card Number: ______Expiration Date: ______Signature: ______Please mail this form with your payment to The Virginia Bar Association,701 E. Franklin St., Suite 1120, Richmond, VA 23219. Forms may also be faxed to (804) 644-0052.

JULY 2003 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/5

vnj0703.p65 5 7/3/03, 11:14 AM VBA/WVBA Summer Meeting Schedule of Events Continuing Legal Education Programs THURSDAY, JULY 10, 2003 NOTE: Our schedule of CLE programs has been revised since the publication of the 11 a.m.-4:30 p.m. meeting brochure and the June VBA News Journal. The updated schedule is listed VBA Board of Governors Meeting/Luncheon below and will be available onsite at the Summer Meeting. 2-6 p.m. THURSDAY, JULY 10, 2003 Registration/Information 3-5 p.m. 3-5 p.m. Videotape CLE Program (2.0 Credits/2.0 Ethics): “Eye of the Beholder: Client Videotape CLE Program: “Eye of the Perceptions of Ethics Issues in Intellectual Property Law.” A videotape presentation Beholder: Client Perceptions of Ethics with live discussion of the Intellectual Property and Information Technology Law Issues in Intellectual Property Law.” Section program presented at the VBA’s 2003 Annual Meeting in Colonial Williamsburg. 4-5 p.m. FRIDAY, JULY 11, 2003 WVBA Executive Council Meeting 9-10:25 a.m. Concurrent Session: Criminal Law Section (1.5 Credits): “Third Annual 6-7 p.m. Review of Criminal Law Decisions.” A presentation by Professor Ronald J. Bacigal VBA-WVBA Reception from the University of Richmond School of Law. Members, spouses, guests and children welcome. 9-10:25 a.m. Concurrent Session: Domestic Relations and Business Law Sections (1.5 FRIDAY, JULY 11, 2003 Credits): “Breaking Up Is Hard to Do–Business Valuation: Sale, Dissolution and Divorce.” 8:30 a.m.-6 p.m. Registration/Information 9-10:25 a.m. Concurrent Session: Labor Relations and Employment Law Section (1.5 9-10:30 a.m. Credits): “101 Ways to Commit Legal Malpractice: How Business and Commercial Spouse/Guest Program: Culinary Lawyers Can Avoid Employment Law Traps.” Demonstration: “Glorious Chocolates and 10:30 a.m.-Noon. General Session: Real Estate Section (in cooperation with the Civil Desserts.” (Separate registration required) Litigation, Domestic Relations and Wills, Trusts & Estates Sections and the Law Practice 9-10:25 a.m. Management Division (1.5 Credits): “Electronic Access to Court Records: Open Concurrent CLE Programs Sesame or Pandora’s Box?” Advancing technology forces new questions on the (See separate CLE listing.) courts, the legislature and nearly every substantive law area. A broad-gauged panel 10:30-Noon looks at the swirling cross-currents surrounding electronic access. General Session: “Electronic Access to 1:50- 3:30 p.m. General Session: Committee on Special Issues of National & State Court Records: Open Sesame or Pandora’s Importance (1.5 Credits): “Affirmative or Negative? A Discussion of the Role of Racial Box?” Presented by the VBA Real Estate Preferences in Light of the University of Michigan Case.” Section, in cooperation with the VBA’s Civil Litigation, Domestic Relations, Wills, Trusts 3:30-4 p.m. General Session: Civil Litigation and Judicial Sections (.5 Credit): “John & Estates Sections and Law Practice Marshall Revisited on Marbury’s 200th Anniversary.” A commentary by The Honorable Management Division. Donald W. Lemons, Justice of the Supreme Court of Virginia, on the life and character 12:10-1:40 p.m. of The Great Chief Justice. VBA Legacy Series Presentation and 4-5 p.m. General Session: The West Virginia Bar Association and The Virginia Bar Luncheon: “Separation and Divorce—The Association Corporate Counsel Section (1.0 Credit): “The Legal Profession Looks to Case of West Virginia vs. Virginia.” the Future.” Remarks by ABA President A. P. Carlton and Virginia Lt. Governor Timothy A presentation by Dr. Charles F. Bryan Jr., M. Kaine on how the legal profession will look in the years to come and how it will shape president of the Virginia Historical Society, tomorrow’s society. revealing the story of how West Virginia became a separate state. (Separate 5-5:30 p.m. General Session: (.5 Credit): “U.S.Intelligence in a New Legal Era.” registration required) Remarks by U.S. Senator John D. Rockefeller IV of West Virginia. 1:50-3:20 p.m. SATURDAY, JULY 12, 2003 General Session: “Affirmative or Negative? 8:30-9:55 a.m. Concurrent Session: Civil Litigation Section and Judicial Section (1.5 A Discussion of the Role of Racial Credits): “Fifth Annual Review of Civil Decisions of the Virginia Supreme Court.” A Preferences in Light of the University of Michigan Case.” Presented by the VBA presentation by The Honorable Jane Marum Roush, Judge of the Fairfax Circuit Court. Committee on Special Issues of National 8:30-9:55 a.m. Concurrent Session: Intellectual Property and Information Technology and State Importance. Law Section and Arts, Media, Entertainment and Sports Committee (1.5 Credits): “The 3- 4:30 p.m. Strongest Law Links? The Confluence of Art, Media, Entertainment, Sports, Refreshment Break Intellectual Property, and Information Technology.” Courtesy of Hunton & Williams, Richmond 8:30-9:55 a.m. Concurrent Session: Lawyers Helping Lawyers Program (1.5 Credits/ 3:30-4 p.m. 1.5 Ethics): “Dependence to Independence: Lawyers and Substance Abuse General Session: “John Marshall Revisited Prevention.” th on Marbury’s 200 Anniversary.” Comments 10 a.m.-Noon. General Session: Law Practice Management Division (2 Credits/2 by Hon. Donald W. Lemons of the Supreme Ethics): “Conflicts 101.” An interactive and fast-paced ethics presentation by Thomas (continued on facing page) E. Spahn on rules relating to conflicts of interest, utilizing hypothetical situations. 6/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL JULY 2003

vnj0703.p65 6 7/3/03, 11:14 AM July 10-13, 2003 • The Greenbrier Distinguished speakers, timely topics Schedule of Events Court of Virginia on the life and character highlight Summer Meeting schedule of “The Great Chief Justice,” presented by the VBA Civil Litigation and Judicial Sections. 4-5 p.m. General Session: “The Legal Profession Looks to the Future.” Remarks by ABA President A. P. Carlton, a former president of the North Carolina Bar Association, and by Virginia Lt. Gov. Timothy M. Kaine. 5-5:30 p.m. L-R: U.S. Sen. Jay Rockefeller and Gov. Bob Wise of West Virginia, Virginia’s General Session: “U.S.Intelligence in a Lt. Gov. Tim Kaine and ABA President A.P. Carlton are among the blue-ribbon New Legal Era.” Remarks by U.S. Senator speakers scheduled to appear during the VBA-WVBA Summer Meeting. John D. Rockefeller IV of West Virginia. 6:30-7:30 p.m. With the two bars meeting together (for the first time since 1940) in the Reception (black tie) beautiful and expansive setting of The Greenbrier, the VBA-WVBA Summer Courtesy of CSX Corporation and Meeting is proving to be quite a draw for a number of distinguished speakers Norfolk Southern Corporation addressing timely topics. 7:30-9:30 p.m. Banquet (black tie) In addition to Senator Rockefeller, Governor Wise, Lieutenant Governor Greetings: Kaine (who will bring greetings from Governor Mark Warner, unable to attend The Honorable Timothy Kaine, Virginia as previously announced), and ABA President A.P. Carlton of North Carolina, The Honorable Bob Wise, West Virginia a host of prominent individuals will participate in CLE programs, a complete WVBA Award of Merit Presentation list of which may be found on the facing page. Recognition of 2003 VBA Life Members Performance by Robbin Thompson General sessions include “Affirmative or Negative? A Discussion of the SATURDAY, JULY 12, 2003 Role of Racial Preferences in Light of the Case Involving the University of 8-9:30 a.m. Michigan,” sponsored by the VBA Committee on Special Issues of National VBA-WVBA YLD Executive Councils and State Importance, moderated by ABA President-elect-designate Robert Breakfast Meeting Grey of Richmond and featuring panelists R. Lawrence Purdy and Maureen 8:15 a.m.-1 p.m. Mahoney, who were advocates for the two sides. Registration/Information The multi-sponsored “Electronic Access to Court Records: Open Sesame or 8:30-9:55 a.m. Pandora’s Box?” will be moderated by State Senator (and VBA Board of Concurrent CLE Programs Governors member) Bill Mims of Leesburg and will feature remarks by Circuit (See separate CLE listing.) Court Clerks Jack Kennedy of Wise and Frank W. Hargrove Jr. of Hanover. 10 a.m.-Noon General Session (2 CLE Credits/2 Ethics authority Tom Spahn will lead a VBA/LPMD-hosted interactive Ethics): “Conflicts 101.” An interactive, presentation on “Conflicts 101”; Justice Donald Lemons of the Supreme Court fast-paced ethics presentation by Tom of Virginia will speak about John Marshall in this bicentennial year of Marbury Spahn, sponsored by the VBA Law v. Madison; A.P. Carlton and Lt. Gov. Kaine will discuss “The Legal Practice Management Division. Profession Looks to the Future”; and Sen. Rockefeller will comment on “U.S. 12:30 p.m. Intelligence in a New Legal Era.” Golf Scramble/Tennis Round Robin Members, spouses and guests are welcome and every level of player is Robbin Thompson to perform at banquet encouraged to participate! (Advance sign-up required) Noted musician Robbin Thompson of Richmond will 6:30-7:30 p.m. perform during the Summer Meeting banquet on Friday, Reception (black tie) July 11. In addition to numerous outstanding musical Honoring A. P. Carlton accomplishments, Thompson is the vice president and co- President, American Bar Association founder of In Your Ear Music and Recording Corporation. Courtesy of LexisNexis For more information, visit www.robbinthompson.com. His 9:30-11:30 p.m. YLD Social concert schedule is now limited mostly to concerts he (Young lawyers and their families only.) knows “will be enjoyable.” You won’t want to miss this Courtesy ofTroutman Sanders LLP extra-special performance! JULY 2003 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/7

vnj0703.p65 7 7/3/03, 11:14 AM LOOKING BACK IN HISTORY: 1940

Ties of Comradeship, Bonds of Sentiment August 8, 1940: Governor Homer A. Holt of West Virginia addresses the joint meeting of the Virginia and West Virginia Bar Associations at The Greenbrier This is an occasion to which I have looked forward graced the profession in the Old Dominion. Signal with keen anticipation for several years, a joint among those who have migrated to the East is the convention of the Bar Associations of Virginia and West distinguished Governor of the Commonwealth of Virginia. Virginia, the Honorable James H. Service in an honorable profession Price, to whom, even though he be alone offers ties of comradeship absent at this time, I will say in productive of pleasant associations, pleasant anticipation of his presence however widely separated geographically here, on behalf of the West Virginia Bar may be the scenes of the professional and on behalf of all West Virginians, I endeavors. But the Associations of the extend a special welcome back not only Bars of Virginia and West Virginia are to his native West Virginia, but also to drawn together here by many additional his native Greenbrier County, which is ties which effect a bond of sentiment the county of my birth and rearing as which can be approximated by few, if any, well. other professional associations. We are happy in the choice of our There are many of us of West Virginia meeting place. For years White Sulphur who do not forget that for one half of the Springs has been a favored place of years that have passed since the adoption meetings for our respective of the Constitution of the United States, associations. I am told that the first and for a much greater portion of the time annual meeting of The Virginia State since the colonization of America, the soil Homer Adams Holt (1898-1975) Bar Association was held here in 1889. of what is now West Virginia was a part of Governor of West Virginia, 1937-41 When Virginia and West Virginia were the Old Dominion. one, White Sulphur Springs was a We also remember with appropriate pride that the celebrated resort, the healing waters of which were native stock of West Virginia is in large meausre the prized by those of Eastern and Western Virginia alike. same as that of Virginia. In the earlier days the lands to And, as both states have progressed and prospered, so the west of the Alleghenies were settled for the most part has this resort grown in beauty, splendor and fame; and by those who ventured across the mountains from the from the Old White has evolved the New Greenbrier. more easterly portions of Virginia to establish new homes An honorable history is a secure foundation for the along the then Western Frontier. There are many future. The history of Virginia is the history of West identities in our respective ancestors, customs, religions, Virginia. It is an honorable one to which all may point traits of character and our political ideals, all of which with pride. Virginia was the Mother of States long before have sprung largely from a common source. the birth of West Virginia. Before she became the Especially are our ties close in the legal profession. Mother of States, she was already the mother of Many of the most eminent members of the West Virginia statesmen and statesmanship. When we were all of one Bar have been natives of Virginia. Others, while natives commonwealth, Virginia rightly earned the title of the of West Virginia, in equipping themselves for the “Mother of Presidents.” Even before the Revolution, the practice of their profession, sought knowledge and spirit and principles of free governmental institutions mental discipline in the institutions of higher learning in were nurtured in Colonial Virginia. It was not by Virginia. accident that the sons of Virginia took first place in The earlier legal precedents of Virginia were providing the leadership that made of the separate and continued as the legal precedents for the jurisprudence independent colonies a great and united nation. of West Virginia. We of West Virginia share the pride of Virginians in Even so, all the migration has not been to the West. having been of the commonwealth that furnished to the Some of our native West Virginians have, likewise, nation Washington, Jefferson, Madison, Monroe, George

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vnj0703.p65 8 7/3/03, 11:14 AM Mason, Patrick Henry, John Marshall, the Tuckers, the ratification most assuredly the Constitution would not Randolphs, the Lees and many others equally deserving have then been adopted. of mention. In the War Between the States, the soil of West It was from this very county of Greenbrier that General Virginia gave Stonewall Jackson to Robert E. Lee and to Andrew Lewis and his followers marched to Point Pleasant, the Southern Cause. there to engage in the sanguinary battle of that name which There are ties between us far too strong to be strained is frequently referred to as the first battle of the American by the artificiality of state lines. Revolution. Whether or not the Battle of Point Pleasant was, There are ties of blood. Your people are our people. in fact, the first battle of the American Revolution, all agree There are channels of trade and commerce along the that it was of the utmost importance to the success of the magnificent railroads and highways that traverse our Colonial Armies. It relieved the Colonies of hostile threats states, one from the other. There are pleasant and lasting on the Western Frontier and permitted undivided attention social contacts. to be directed to the British Armies in the East. It also made But it seems to me that the strongest of all are the ties certain that the nation to be formed would be limited to the of thought. The spirit of liberty and independence which West by neither the Allegheny Mountains nor the Ohio characterized early Virginia and which makes her great River. today is also found in West Virginia. It seems to be It was largely to those of Western Virginia that inherent in our people of the Virginias. Washington, in the dark days of the Revolution, referred Virginia was, historically, the nursery of free when he said: governmental institutions, of free institutions of popular “Leave me but a banner to place on the mountains or self-government. of Augusta, and I will rally around me the men who The concept is something more than the proclaiming will lift our bleeding country from the dust and set of the rights and liberties of individuals. It embodies also her free.” an appreciation of the responsibilities of sovereignty and After the Revolution, the representatives from an understanding that, if we are to be a free sovereign Western Virginia, the counties now composing West people, we must intelligently and unselfishly carry the Virginia, in the Convention at Richmond, were those who responsibilities that are inseparable from those gave the majority necessary for the ratification by cherished rights and liberties. It includes a sound Virginia of the Federal Constitution, without which understanding that, in democracies, government is not

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vnj0703.p65 9 7/3/03, 11:14 AM some abstract influence or thing apart from the governed, May we not also renew our convictions that sound but is, in truth, of the people as well ass for the people government must come from the considered reason of and, of necessity, by the people. well ordered minds and that mob rule is not democracy, The thought knows the worth of liberty and its price. It whether it be exercised through force or unreasoned is unselfish and looks to truth and justice. It knows that political intimidation. in unity there is strength and that the security of our free The greatness of Virginia has not been restricted to institutions is dependent upon the maintenance of a the field of political science. That progressive spirit reasonable balance between purely individual which characterized old Virginia has continued and advancement and the welfare of the body politic. It is blesses alike the Virginia of today and the comparatively that same spirit which prompted Virginia to surrender to new West Virginia. It has brought successful the general government the power and wealth of the vast accomplishments in industry and trade. Northwest Territory in the interest of harmony and the Virginia is rich in agriculture and enjoys a large welfare of all. It is the courage to stand by sound commerce in shipping. Her many factories are rapidly principles, even at a cost. increasing and her mining resources are constantly being The day of the need of sound thought as the basis of developed. our free governmental institutions did not pass with the West Virginia has become a great industrial empire, formation, or with the preservation, of the Union. The producing more bituminous coal than any other state of need has been here always and is conspicuously present the Union. West Virginia is the home of large glass, steel now. and chemical industries. Within her borders may be That which gave preeminence to the Virginias at the found a great variety of other important enterprises. Her time of the formation of the Federal Constitution was agriculture is abundant. their belief and confidence in the sufficiency of a Magnificent scenic beauty decorates these states and government of laws enacted through a sound plan of in each many wonders of nature are to be found. Good popular representation and an unwavering confidence in highways make possible their convenient enjoyment. the human senses and virtues of truth, right and justice Splendid systems of public education contribute to the which would afford the necessary sanction by popular welfare and happiness of our people and give evidence of respect and acceptance. the appreciation of the importance of widespread The separation or division of governmental powers knowledge to the success of popular government. between the three coordinate branches of government— In the galaxy of states, the citizens of Virginia and the legislative, the administrative and the judicial—was West Virginia may point with pride to their respective calculated to embody in our governmental plan that habitats. impartiality in administration which would sustain Two great Commonwealths were made of one. West confidence in a government of laws. This separation of Virginia, as a state, is proud of her maternal ancestry powers has been of immeasurable strength to our and knows that Virginia, the mother, is pure even though government of laws and has fulfilled the expectations of the regularity of her political conception may have been the nation’s founders. challenged. When, in Europe, we see in rapid succession nations, Virginia has always been the home of grace and either voluntarily or through force or intimidation, charm. In the earlier days, there were the planters of the abandoning the principles of government by laws in favor East and the frontiersmen of the West. But everywhere of government by individuals, it cannot be untimely for was found that same genial hospitality, whether in the us here to give at least slight pause to our basic planter’s mansion house or the mountaineer’s cabin. principles and to view with at least some concern some Senator Norris (Robert O. Norris Jr., 1939-40 of our modern legislation which delegates to president of the Virginia State Bar Association), you and administrative agencies legislative and judicial authoirty the Virginia lawyers have brought that grace and charm as well, and confounds or confuses in one body all of the with you today. It is in your pleasing personalities and governmental functions, legislative, administrative and strong characters. It is more abundant in the natural judicial authority, and even then, in some instances, beauty and unpretentious dignity of your charming wives seeks to exclude established judicial review. and daughters whose characters are no less strong than However badly many governmental changes and yours and whose presence graces this occasion. reforms may have been needed or may even now be That same hospitality we West Virginians now extend needed, may we not hope that the necessary changes and to you. reforms can be effected in keeping with sound and Your presence brings us real pleasure, and my wish is established principles indispensable in a democratic that you may have real enjoyment here in your associations government of laws. with our West Virginia lawyers and our own wives and daughters, likewise charming and courageous. VBA

LAWYERS HELPING LAWYERS • CONFIDENTIAL, NONDISCIPLINARY HELP FOR SUBSTANCE ABUSE • (804) 644-3212 or 1-800-838-8358

10/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL JULY 2003

vnj0703.p65 10 7/3/03, 11:14 AM Practicing Law Smarter Not Harder The Newsletter of the Law Practice Management Division • The Virginia Bar Association • Vol. I, No. 3 • July 2003 Up Front Let’s Talk About Here’s a really useful tip. Our federal and state courts now have most of their official forms Practice Management online for free download in Acrobat or .pdf format. Rather than keeping stacks of paper (Over the Wires) forms in your office, just store one digital copy of each on your by Janet S. Thomas hard disk and use it over and ASSOCIATE EDITOR over. Have you ever wanted to bounce subscriber e-mails his or her question Our informal survey found that practice management questions off of or comment to the Listserv address some, but far from all, VBA colleagues but not had the forum to do (see “How to Sign Up” at sidebar). members claim to use these so? Ever needed quick, practical That message will be forwarded forms. Ease of storage is enough reason to embrace them. But suggestions to help with a vexing automatically by email to each Listserv many are offered in revisable technology decision? Wanted member. At least one member of the format, which means you can fill guidance on office procedures? Or LPMD Executive Committee will in the blanks on screen, then tips on individual practice respond, sharing his or her experience print a final version. That is a real management? and expertise with you and the other time saver. We thought so. subscribers. Where do you get them? That’s why your Law Practice Other Executive Committee For state courts, go to Management Division (LPMD) has members and other subscribers also www.courts.state.va.us. For launched a new Listserv for the benefit may respond. Thus, you may receive federal forms, visit the websites of VBA members. several different suggestions in this of the district and bankruptcy The Listserv is called “LPM virtual round-table discussion. As a courts for our eastern and Advisor” and members of the LPMD’s member, you not only will be able to western districts. Find those Executive Committee will serve as pose your own questions but you can Websites with GoogleGoogle. monitors to assure that all questions share your experiences and expertise — Jack White receive a timely response. However, with the other members. We hope since this will be an open forum, any many thought-provoking and helpful VBA member in good standing can discussions will ensue. IN THE CENTERPIECE: join and all Listserv members can For small firms and solo Practicing law contribute to any discussion. practitioners without ready access to on a shoestring: Best of all, this service is free – a a large group of colleagues with new benefit of your VBA membership. whom to share ideas, LPM Advisor two lawyers’ Here’s how LPM Advisor works: A Continued on page LPM4 perspectives How do I subscribe to LPM Advisor? Send a short e-mail to Regina Potis in the VBA office at [email protected]. Tell Regina you would like to join the new Law Practice Management Listserv (or e-mail list). She will confirm that you are a VBA member in good standing and add you to the list. You then will receive a welcoming message with instructions for using the list.

JULY 2003 PRACTICING LAW SMARTER NOT HARDER/LPM1

vnj0703.p65 11 7/3/03, 11:14 AM Centerpiece Practicing law on a shoestring PERSPECTIVE: market place, but you can control economically “over the wires.” how you treat people. Reach an agreement with your A Legal Aid You can also control your adversaries at the outset of a matter approach to accomplishing the day- what you will send electronically, Organization in to-day functions of the office. then watch the cost savings multiply. Personnel most likely will be your Similarly, attorneys can pool their Southwest Virginia largest single expense. My legal aid buying power to gain the benefits of program has experimented over the scale even if they practice in small by Larry T. Harley years with the ratio of attorneys to firms. Virginia’s legal aid programs How many attorneys do you know support staff. It will vary from firm to have done this to secure an whose professional lives involve the firm, but our experience is that agreement with an office supply excesses of The Firm or Ally client services, and cost chain that lets us buy at bulk rates McBeal? Paying bills is enough to effectiveness, are maximized when even when an individual order does bring most of us back to planet lawyers do most of their own routine not meet the firm’s dollar threshold. Earth. typing. The field office in which I We also shop together when looking Today’s economy demands work has five attorneys, but only two for long distance telephone carriers. efficiency and cost savings. The secretaries. Each attorney does his Not only do we get the same quality of our “product” is still or her own routine correspondence, favorable per-minute rates as the determined by our sense of while more time consuming professionalism. Nearly a quarter- document preparation is done by the century of private and legal aid clerical staff. Some smaller firms practice have convinced me that successfully utilize only part-time there are attitudes and practical support staff. This requires excellent steps which lend themselves to a law communication with clients so that office which, by necessity or choice, they understand how you work. operates on the proverbial Technology can help lawyers shoestring. reduce their reliance on support First, do not underestimate the staff. For example, I am a heavy user importance of having a “servant’s” of voice mail to communicate with attitude. It costs you nothing to treat my clients. One key to effective use clients with respect and dignity. of voice mail is a new greeting Clients want to feel that you have recorded at least once each day, truly heard their concerns and are then prompt return of client Marion honest with them. You serve your calls. With that, clients clients well when you listen do not feel they are attentively and respond with honesty getting just a and empathy. Most clients also “canned” message appreciate the fact that you try to or that their call save money if your product — that will be lost in some is, high quality legal services black hole. “big boys,” but we have carriers delivered in a client-sensitive Using e-mail and fax for actively competing for our business. fashion — is not compromised. Your correspondence also saves money. Occasionally, spending a little next client is likely to be a former Many of us deal repeatedly with the more money up front can pay big client who was pleased with your same attorneys, courts, and agencies. dividends later. By purchasing prior services to them or someone While some correspondence computers and printers from national referred by another attorney who is demands postal mail or courier vendors, you may save a hundred impressed by your attitude and delivery, many of our routine letters dollars. However, my office tries to ability. You cannot control the and memos can be sent more Continued on page LPM4

LPM2/PRACTICING LAW SMARTER NOT HARDER JULY 2003

vnj0703.p65 12 7/3/03, 11:14 AM small building with two client best you can find and afford. CPAs PERSPECTIVE: interview rooms. The equipment by usually are the best. While A Solo Law Office in then was up-to-date and my inexpensive software can help you secretary enjoyed a full package of keep books and pay bills, they do Southside Virginia benefits. not offer the business and tax advice While the trappings of my of an experienced CPA. by A. Pierre (Tony) Jackson practice have changed – much for 4. Even in rural areas like mine, the better – one thing has not. It’s comparison shopping for office I really began my practice on a the constant pressure to provide supplies and equipment today is an shoestring – in the basement of my quality professional services with option which will pay you home, with an old 286 PC and dot limited time and resources. That handsomely. Many so-called “mail matrix printer, plus a folding table and pressure, I believe, will never leave order” companies sell computer chair. Living on a college campus near me. equipment and supplies, or general the county seat, I used the college I was fortunate to begin practicing office supplies, both by catalog and bookstore’s fax machine and a college in a community where most bar the Internet. If you are near a city, mailbox, and met clients in the members believed in helping young get to know the “big box” office courthouse law library. For operating lawyers get started. Still, what I suppliers. And don’t forget Wal- capital, I raided a retirement account, learned about managing my practice Mart, which is everywhere. tapped my credit cards and took out a came mostly from trial and error. 5. This newsletter has written small bank loan. What do I know now about about multi-function office managing a law practice that might equipment. I use such and help a young lawyer, especially one recommend it for small offices. considering solo practice? I offer Brand-name printer-copier-scanner these half-dozen items: combos can be bought for less than 1. Decide early on which areas $200. Add fax capability for a little of law you like and feel competent more. At these prices, you can afford practicing. Look for areas that are to buy two devices. Give one to your likely to maximize income without secretary and let that be your too great an expenditure of funds. backup. When clients come your way 6. Finally, spend a lot of time on with problems in other organization, how work flows areas of the law, through your office and what steps refer them to are needed to perform each task. lawyers who This is both art and science, but a can serve smooth-running office is something them better – to behold, whether it serves one and let those lawyer or a hundred. I mean tasks lawyers know like file opening and closing, you would conflict avoidance, ticklers, billing, like referrals accounts payable and receivable, Farmville in your areas paper and electronic research, and of inventory. Don’t leave these just to concentration employees; get involved yourself. and And do not assume that once done expertise. properly they will stay that way. You You will be must keep studying and revising. more likely What will be your toughest to build a decision? I’ll bet it comes when you That’s about as bare bones as one base of satisfied clients. And you find there is too much work for one can get. will sleep better at night. attorney to handle well but not Nine months later, I was able to 2. Get advice from other lawyers, enough for two. Should you scale move into a walk-up second-floor publications and your accountant back and remain solo, or take the office in town and hire my first about the advantages of a plunge and hire a second lawyer? secretary (full-time but no benefits) professional corporation or limited Your buddies in the big firms may Slowly, I began upgrading my office liability company, then decide how wonder why you are sweating this equipment. As my practice to organize your practice. decision. After all, their firms hire improved, I moved into my own 3. You need an accountant, the Continued on page LPM4

JULY 2003 PRACTICING LAW SMARTER NOT HARDER/LPM3

vnj0703.p65 13 7/3/03, 11:14 AM Let’s Talk Practice As with all such open forums, Also, the success of LPM Advisor responses to this Listserv will not be ultimately will depend on its members. Management... filtered or checked for accuracy or Sign up now. With time, we hope this Continued from LPM1 completeness. They should be will develop into a valued resource. considered as a conversation among The LPM Division welcomes your provides that access. For large firm peers. In other words, the LPMD is questions about the service or lawyers, the service provides providing a platform for discussion suggestions for improving it. Send desktop, fingertip access to a large and not endorsing any specific them to one or both of the co-chairs of cross-section of experience. responses provided. the LPMD Publications Committee: Gant Redmon (gredmon@rpb- law.com) and Jan Thomas BOOK REVIEW ([email protected]).

Creating PERSPECTIVE: The Effective Associate Training Program A Legal Aid Organization by David H. Sump Continued from LPM2 VBA/LPMD EXECUTIVE COMMITTEE buy from local businesses. This costs us more initially, but the relationships Sure, we hire the best and brightest young lawyers from the upper-tier we develop with local vendors pay off law schools with the expectation that they arrive at our doorstep ready to jump on the hamster wheel and start “spinning.” Reality is, however, that handsomely when we need their help while some hamsters . . . er. . . associates arrive ready to run, many are to bail us out of techno-crises. not at all ready for the wheel. And there begins one of our most Finally, few clients want to pay for significant challenges as attorneys – training, supervising and mentoring frills. They care little about the young lawyers to a successful legal career. weight of your paper or whether you Training associates may seem to be a simple task upon initial or some print shop prepared your consideration, but we know that this project is usually difficult, business cards. Clients want high sometimes frustrating, but extremely rewarding when it is successful. quality services for a fair price. Isn’t The ABA Standing Committee on Continuing Education of the Bar and the that exactly what you want when you Center for Continuing Legal Education published The Effective Associate are the customer? Training Program by Austin G. Anderson and Arthur G. Greene to assist us Larry Harley is executive director of with this endeavor. This book, a second edition work published in 1999, the Southwest Virginia Legal Aid provides helpful strategies and training plans not only for large firms Society. Based in Marion, its three training many associates each year, but also for the smaller firms that offices incorporate what once were may train an associate every two or three years. three separate legal aid organizations The authors examine every variety of associate training issues, from and serve the 8,700 square miles of the day the new associate walks through the front door, to the art of Virginia west of Roanoke. developing a successful mentoring program and the keys to meaningful supervision. Although the text offers many examples and forms that are more appropriate for the largest law firms, I found numerous procedures A Solo Law Office and suggestions that will assist even a firm of modest size. I particularly Continued from LPM3 found helpful the step-by-step approach employed by the authors for the creation of New Attorney Orientation Programs, Mentoring Programs and 10, 20 or 30 new lawyers each year. Teaching Associate Marketing. Just ask whether any of them has The Effective Associate Training Program is an outstanding book for grown 100 percent in a single year. any attorney struggling to ensure that young lawyers are properly That should put it into perspective. supervised, trained and counseled to a successful career. As the authors Tony Jackson lives with his family so appropriately note frequently throughout this text, a happy associate is in a home on the campus of a productive associate, and unhappy associates usually leave your firm. Hampden-Sydney College. His one- Training, practice development and understanding the road to man law office is in nearby Farmville, partnership are all crucial to the happiness of your associates. The and he serves on the Executive training programs outlined in this text will certainly assist you in making Committee of the VBA Law Practice the practice of law more meaningful for your associates and more Management Division. profitable for your firm. At a VBA Law Practice Management Division price of $100 ($25 off the ABA list price), this book is an excellent value! David H. Sump is managing partner of Crenshaw, Ware & Martin, PLC in Norfolk. His practice is focused on maritime and contract litigation, and Newsletter Editors: Gant Redmon, Alexandria; Jan Thomas, Richmond. he serves as treasurer of the VBA Law Practice Management Division. Contributors: Jack White, Abingdon; For more information on the ABA Book Program, see the facing page. David Sump, Norfolk; Larry Harley, Marion; Tony Jackson, Farmville. LPM4/PRACTICING LAW SMARTER NOT HARDER JULY 2003

vnj0703.p65 14 7/3/03, 11:14 AM [email protected] Today’s successful law firm has to be client-focused, organized and efficient in order to compete and be profitable. All that takes good management. The key to improving your practice and achieving your goals is to find resources you can trust containing information you can use. That can sometimes be difficult, but The Virginia Bar Association Law Practice Management Division is dedicated to bringing lawyers fresh ideas, new perspectives and creative ways to manage every aspect of your practice. The VBA Law Practice Management Division has established an agreement with the American Bar Association to sell ABA books to all members of the VBA/LPMD — that is, all members of The Virginia Bar Association — at a 20 percent discount. You can visit the VBA website at www.vba.org, click on a link to the Book Program (www.vba.org/books.htm), peruse a list of available books with pricing information, and print out an order form to send to the VBA office with your payment. Other arrangements are offered to VBA members who do not have Internet access. These books will provide you with everything you need to compete in today’s legal world. Whether you are looking for information on technology, marketing or management — or books on a specific area of practice — there will be something for you. And think of the money you’ll save! Resources you can trust. Information you can use. At prices you can handle. On the Internet at www.vba.org. On the phone at (804) 644-0041. The VBA Book Program Sponsored by the Law Practice Management Division of The Virginia Bar Association

TOPPING THE LIST current ABA best sellers ABCs of Arbitrage, 2002 Edition • Annotated Model Rules of Professional Conduct, Fifth Edition • 2002 Annual Review of Antitrust Law Developments • Antitrust Law Developments (Fifth) • The Attorney-Client Privilege and the Work-Product Doctrine, Fourth Edition • Attorney and Law Firm Guide to The Business of Law, Second Edition • Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property, Second Edition • Cost-Benefit State:The Future of Regulatory Protection • Effective Yellow Pages Advertising for Lawyers • An Estate Planner’s Guide to Qualified Retirement Plan Benefits, Third Edition • Estate Planning Strategies: A Lawyer’s Guide to Retirement and Lifetime Planning • Forms Under Revised Article 9 • Franchise Desk Book: Selected State Laws, Commentary and Annotations • Going to Trial, Second Edition • Guidebook for Directors of Nonprofit Corporations, Second Edition • Hereof, Thereof, and Everywhereof: A Contrarian Guide to Legal Drafting • How to Start and Build a Law Practice, Fourth Edition • Internal Corporate Investigations, Second Edition • International Lawyer’s Deskbook, Second Edition • The Lawyer’s Business Valuation Handbook • Managing Closely Held Corporations: A Legal Guidebook • Model Asset Purchase Agreement with Commentary • Persuasive Computer Presentations: The Essential Guide for Lawyers • A Practical Guide to Commercial Real Estate Transactions From Contract to Closing • Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom • The Spine at Trial: Practical Medicolegal Concepts about the Spine • Third-Party and Self-Created Trusts, Third Edition • Winning Alternatives to the Billable Hour: Strategies That Work, Second Edition Many more American Bar Association titles in numerous areas of legal interest and practice are available through the VBA/LPMD Book Program. Here’s how it works: 1. Browse selections in the American Bar Association listing at www.abanet.org/abapubs/home.html. 2. Then return to the VBA Book Program page at www.vba.org/books.htm to access the order form and place your order for books — and get your VBALPMD member discount, which is not available through the ABA site.

JULY 2003 PRACTICING LAW SMARTER NOT HARDER/LPM5

vnj0703.p65 15 7/3/03, 11:14 AM FROM THE BOOKSHELF

Trial and Error author has a VBA connection

From the vivid image depicted in the eminent trial attorney who used John Tucker has strong opinions its opening paragraph, Trial and his tie as his dinner napkin; nor will about the profession and also has Error by John Tucker grabbed this I forget how the author successfully strong opinions about the rule of law reader and led her on a gallop explained to one client that it really and its vital importance in through stories about his practice of was time to dismiss his lawsuit. maintaining order in an evolving, law for 28 years in many of the more The author is also careful to sometimes raucous American flamboyant or significant court cases describe the procedural aspects of a society. He doesn’t shrink from of the 1960s to the 1980s. In expressing them. Indeed telling the stories behind his one couldn’t imagine cases, the author reveals John Tucker shrinking more about American social from anything. history than I might have And yet he makes his otherwise learned, and points and his arguments reminds me that truth is in a quiet, direct way, indeed often stranger than and leaves the reader to fiction. his or her own reactions. Larger-than-life Chicago Quiet might seem an odd is the setting for the stories adjective to describe one told, and it would almost who has enjoyed as bold have to be, for the oversized The cover of Trial and and large a career as his. individuals and disputes Mr. Error, written by John But it is apt. Having sat Tucker discusses. It Tucker; published by across dinner tables from certainly sounds different Carroll & Graf, 2003, him, attending the same $26. from Virginia! The author meetings, it is my shame writes in a style that reminds that I never drew from one of a raconteur who has him and fully realized been asked to sit down to record an case where understanding them will be the depth of his experience, ideas oral history in which he goes from necessary to a better understanding of and humor. The author is not a one story to the next, interjecting later developments in the case. It is braggart. Like a good litigator he impressions, background, witticisms evident that John Tucker loves the knows how to listen better than most and memorable moments. You can law and trial practice, (in fact he people do, including yours truly. almost hear him talking. Every now advises that a lawyer really has to in I consider his publishing this and then he comes up with a real order to persevere and become more book a gift to someone who foolishly zinger – a moment, a description, a skilled at it.) He implicitly makes missed the chance the first time riposte so salient that you won’t the point how hard a really good around to learn from him and enjoy forget the point. I will never forget lawyer has to work. his sense of humor. It is also a gift to anyone who has genuine interest in and curiosity about real-life cases, Do your clients own notes or structured settlements? and the practice of law. Do they ever need quick cash? —Jeanne Franklin We Buy Mortgages & Cashflows Nationwide John C. Tucker lives in Lanexa, Virginia, with his wife, Jayne • Real Estate Receivables • Payment Contracts Barnard, a professor of law at the • Assignable Annuities • Lottery Payments College of William and Mary and a former law faculty representative on TriMark Investments, LLC (804) 364-6316 the VBA Board of Governors. Call for a complimentary subscription to our newsletter Update On Real Estate.

16/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL JULY 2003

vnj0703.p65 16 7/3/03, 11:15 AM VIRGINIA LAW FOUNDATION

Foundation announces 2003-04 grant awards

The Virginia Law Foundation Foundation), $17,900. Grant funds to be conducted around the state for Board of Directors recently approved will assist The Virginia Bar circuit judges, juvenile and domestic 41 grant awards totaling $417,210 Association Foundation in providing relations district court judges, for law-related projects across an intensive CLE program in guardians ad litem, and CASA Virginia. Now in its 20th year of specialized capital defense training, volunteers, to educate them on the grantmaking, the Foundation has in order to increase the number of recently adopted standards for provided nearly $21 million in grant attorneys available for appointment guardians ad litem practicing in support to programs that provide in capital cases. Attorneys willing to Virginia’s courts. civil legal assistance to low-income certify that they will accept Nonprofit Legal Support Program Virginians, law-related education to appointment in capital cases may (The Virginia Bar Association the public, public service attend the workshop free of charge. Foundation), $8,000. Grant funds internships for Virginia law students, The program will be held November are provided for this coordinated and projects designed to improve the 6-7, 2003. effort between the Young Lawyers administration of justice. Booklet on the Rules of Division of The Virginia Bar The VLF awarded a total of Professional Conduct and UPL (The Association and the Fairfax Bar $99,000 to 10 pro bono/legal Virginia Bar Association Foundation, to provide a link services projects; 15 law-related Foundation), $4,000. The VBA between emerging nonprofit education projects received Corporate Counsel Section will organizations within the Northern $105,210; 14 administration of create and distribute a booklet on Virginia area (including Fairfax, justice projects received $147,500, the rules of professional conduct and Arlington and Prince William and two entities received a total of unauthorized practice of law, geared counties, and the City of Alexandria) $65,500 for public service toward the application of the rules to and the vast pool of legal talent internship programs at Virginia’s in-house lawyers. within the bar. The program will seven law schools. VLF funds are Guardian ad litem Standards help nonprofit organizations find provided in support of these projects Training (The Virginia Bar appropriate legal counsel by creating for a one-year period beginning July Association Foundation), $7,500. and maintaining a database of 1, 2003. The project involves planning the volunteer attorneys. (For more The Foundation board allocates training and developing a videotape information on this program, see the five percent of its assets annually for training session to supplement live VBA Young Lawyers Division grants and operations. During the presentations for a series of seminars Chair’s column on page 18.) VBA current cycle, the VLF received 65 requests for funding totaling $1.28 million. The Virginia Law Foundation was established in 1974 The Virginia Bar Association salutes its by The Virginia Bar Association and Life Members for 2003 the Virginia State Bar. The Foundation is a 501(c)(3) tax- Miles Cary Jr., Richmond Hon. W. Tayloe Murphy Jr., exempt entity; contributions to it are Morton H. Clark, Norfolk Warsaw tax deductible. The Foundation Hon. Talmage N. Cooley, Hon. Buford M. Parsons Jr., encourages donations from Virginia Waynesboro Manakin-Sabot attorneys. For further information Collins Denny III, Richmond Wilson L. Rivers, Virginia Beach about the VLF, contact Sharon Tatum, W. Glover Garner Jr., Newport News Edward Semonian Jr., Alexandria James E. Spinks, Virginia Beach Executive Director, at (804) 648- Hon. William H. Hodges, Virginia Beach Hon. George F. Tidey, Richmond 0112, or visit the Foundation’s website A.E. Dick Howard, Charlottesville Hugh V. White Jr., Richmond at www.virginialawfoundation.org. Robert B. Kendall, Virginia Beach Hon. Jere M.H. Willis Jr., Grants awarded to VBA entities William B. Lawson, Arlington Fredericksburg are as follows: Arnold H. Leon, Portsmouth Boyce C. Wornom, Emporia Capital Defense Workshop (The H. Victor Millner Jr., Chatham Grover C. Wright Jr., Virginia Beach Virginia Bar Association

JULY 2003 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/17

vnj0703.p65 17 7/3/03, 11:15 AM YOUNG LAWYERS DIVISION Non-litigators needed to maintain momentum in Nonprofit Legal Support Project by Stephen D. Otero

Historically, many of the VBA and the Fairfax Bar Association organizations located in the City of Young Lawyers Division’s public (“FBA”) to provide a link between Alexandria and Fairfax, Arlington, service projects have struggling nonprofit Prince William and Fauquier involved advocating on organizations in Northern Counties. She has also developed behalf of pro bono Virginia and the vast pool another brochure about the Project clients in court, in of legal talent in the area. and distributed it to hundreds of preliminary court The objective is to provide potential volunteer attorneys in proceedings, or in nonprofit organizations Northern Virginia. adversarial disputes that with competent counseling Since becoming operational late appear likely to result in in areas such as taxation, last year, the Project has gained litigation. To be sure, corporate matters, considerable momentum. It has these projects serve employment, real estate recruited 52 volunteer attorneys important public needs, and other non-litigation from a variety of non-litigation like assisting battered disciplines. disciplines and has received spouses in obtaining The Project was inquires from approximately 50 non- civil protective orders, or obtaining modeled after the Richmond Bar profit organizations. In the fourth child support judgments against Association’s highly successful Pro quarter of 2002, 11 nonprofits deadbeat parents. These projects Bono Transactional Program, and requested legal assistance, three of also provide volunteer litigators with was established in July 2002 through which were matched with volunteer many opportunities to satisfy their a grant from the Virginia Law attorneys. To date in 2003, 35 pro bono commitments. Foundation. VBA young lawyers nonprofits have requested specified Recently, the VBA/YLD has Charlie Meyer and Rebecca Kuehn legal assistance. Seventeen of those made a real effort to develop projects and Arlene Beckerman at the FBA nonprofits have already been that will expand the opportunities of developed the structure of the matched with volunteer attorneys, non-litigators who wish to serve the program and hired a program and efforts continue to match the public and satisfy their pro bono coordinator, Debi Miklaus, last remaining nonprofits with volunteer commitments. The Nonprofit Legal summer. Ms. Miklaus has attorneys in the requested Support Project (“the Project”) is developed a brochure about the disciplines. If the Project continues one example. The Project is a Project and distributed it to over 600 to grow at this pace, it should collaborative effort of the VBA/YLD of the more than 1,000 nonprofit receive requests from over 100 nonprofits over the course of the year. Needless to say in light of There’s still time to register! VBA Young Lawyers Division these statistics, the Project provides members are encouraged to attend the 113th Summer ample opportunity for non-litigators Meeting, July 10-13 at The Greenbrier. This year’s meeting, a to get involved in a public service joint venture of The Virginia Bar Association and the West Virginia project. Bar Association, will include a breakfast for young lawyers from I encourage all lawyers — both the VBA and the WVBA and a special Saturday evening whether young or not — to social event for young lawyers and their spouses and guests. A consider volunteering for the varied selection of CLE offerings will be available to participants, Nonprofit Legal Support Project. and Robbin Thompson will perform at the Friday evening Please contact Rebecca Kuehn, banquet. Don’t miss it! [email protected], or Marc Bergoffen, [email protected], Visit www.vba.org/yld.htm for VBA Young Lawyers Division news and more! for more information. VBA

18/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL JULY 2003

vnj0703.p65 18 7/3/03, 11:15 AM IN MEMORIAM

Harry P. Anderson Jr. David A. Harrison III Alexander W. Neal Jr. Life Member Life Member Life Member Midlothian Hopewell Richmond 1919-2003 1916-2003 1916-2003

Hon. R. William Arthur J.B. Hudson Jr. Hon. Frank I. Richardson Jr. Life Member Life Member Life Member Wytheville Culpeper Martinsville 1917-2003 1920-2002 -2002

Hon. Joseph E. Baker Hon. Augustus S. Hydrick Mark Rollinson Norfolk Richmond Purcellville 1920-2002 -2003 1935-2003

Megan Owen Barry George W. Johnston III Hon. John A. Rothrock Falls Church Winchester Life Member 1973-2003 1945-2003 Fairfax 1924-2002 W.R.L. Craft Jr. Hon. James Keith Life Member Life Member Hon. Thomas J. Rothrock Christiansburg Fairfax Life Member 1916-2003 1911-2002 Fairfax 1932-2003 Carle E. Davis Hon. Lawrence C. Lawless Life Member Norfolk John Powell Ryan Richmond -2002 Middleburg 1920-2003 1915-2003 William J. Loporto James E. Edmunds III Heathsville Hon. G. Garland Wilson Life Member 1925-2002 Life Member Halifax Midlothian 1915-2003 Joseph A. Massie Jr. 1914-2003 Life Member Hon. Thomas C. Gordon Jr. Winchester Gilbert H. Wilson Life Member 1917-2002 Life Member Past President Virginia Beach Richmond Robert A. McGinnis 1921-2001 1915-2003 Life Member McLean Tara L. Witmer Thomas J. Harlan Jr. 1925-2002 McLean Norfolk 1963-2003 1930-2002

Obituaries received by the VBA office between September 2002 and June 2003.

JULY 2003 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/19

vnj0703.p65 19 7/3/03, 11:15 AM ACROSS THE COMMONWEALTH Midyear appointees announced in June Nine VBA members have been elected to positions on the Virginia Law Foundation Board of Directors and the Breaking news! StatePulse Joint Continuing Legal Education Committee in the 2003-04 year. They now available on VBA website were nominated by VBA President Frank Thomas and elected by the VLF There’s a new addition to the According to the StatePulse Board and its nominations committee in legislation page of The Virginia Bar website, “A recent UCLA study Virginia Beach last month. Association’s website at revealed that the web has surpassed For the VLF Board, the VBA www.vba.org: a breaking news radio, TV and newspapers as nominees are John R. Fletcher of window for StatePulse, the premier Americans’ most important Norfolk (Tavss, Fletcher, Maiden & news content tool for nonpartisan, information source. And according to Reed), to serve a second three-year unedited government and political a Pew Internet and American Life term expiring in June 2006, and information. Project Survey, 62 percent of former VBA President Jeanne F. The news window, added in June, Internet users had sought local, state Franklin of Alexandria, to serve an is always live and links directly to or federal government information, initial three-year term expiring in June all relevant state government entities up from 47 percent in 2000.” 2006. — legislative, executive and StatePulse is the product of The For the Joint CLE Committee, judicial— campaign headquarters, Trebor Group, headed by VBA incumbents J. Lee E. Osborne of state agencies and congressional legislative counsel Robert B. Jones Roanoke (Carter, Osborne & Miller, offices. Content is updated Jr. and based in downtown PC), Elaine R. Jordan of Richmond frequently and will allow VBA Richmond. (Sands, Anderson, Marks & Miller), members to keep posted on The feature will be available to all Neil S. Lowenstein of Norfolk governmental affairs in Virginia at visitors to www.vba.org for a short (Vandeventer Black LLP), Paul B. all times, by clicking links to news period of time. As part of the ongoing Terpak of Fairfax (Blankingship & articles and releases. development of the website, the VBA Keith PC), Aubrey J. Rosser Jr. of The VBA website is the only bar is considering making certain pages Altavista, E. Ford Stephens of association in Virginia with the and features accessible only to Richmond (Christian & Barton StatePulse window feature. Association members later this year. LLP)and VBA/YLD representative Valerie W. Long of Charlottesville (McGuireWoods LLP) have been Virginia Law Foundation Fellows nominated for reappointment to additional one-year terms expiring in seeking nominees to Class of ’04 June 2004. In other appointments: William G. Nominations for the 2004 Class of Virginia Law Foundation Fellows will Broaddus of Richmond (McGuireWoods be accepted through September 2, 2003. The 2004 Class will be inducted LLP), a VBA Board of Governors at a dinner meeting in Colonial Williamsburg on January 15, 2004, during member and former Virginia attorney The Virginia Bar Association’s 114th Annual Meeting. general, reappointed to the board of the Candidates must (1) be an active or associate member of the Virginia Virginia Capital Representation State Bar for at least 10 years; (2) be a resident of Virginia; (3) be a person Resource Center for a three-year term of integrity and character; (4) have maintained and upheld the highest ending in March 2006; Aisha J. Bullard standards of the profession; (5) be outstanding in the community; and (6) of Richmond (Williams Mullen), be distinguished in the practice of law. Retired and senior status judges reappointed to the Commission on are eligible. Sitting full-time judges and constitutional office holders are not Women and Minorities in the Legal eligible during their tenures. Profession, for a three-year term ending Nominations must include a resume or biographical sketch of the in June 2006; and C.B. Arrington Jr., nominee and must be received by September 2. Send your nomination to VBA executive vice president, VLF Fellows Council, c/o Nominations, 701 East Franklin Street, Suite 708, succeeded former VBA administrative Richmond, Virginia 23219, phone (804) 648-0112, or e-mail to director Sandra P. Thompson as [email protected]. For a complete listing of current Fellows, please treasurer of The John Marshall visit the Foundation’s website at www.virginialawfoundation.org. Foundation Board of Directors.

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vnj0703.p65 20 7/3/03, 11:15 AM Legislative season draws nearer as VBA Thomas identifies VBA members plans for ’04 Assembly for 2003 Nominations Committee VBA President Frank A. Thomas III has recommended, and the Board of Although the 2004 General Governors has approved, the following members of the Ad Hoc Committee Assembly seems far away, VBA on Nominations: Immediate Past President J. Edward Betts, Chair; sections and committees are reminded President-elect E. Tazewell Ellett, Board of Governors Chair James V. that it’s time to be producing their next Meath, James A.L. Daniel of Danville, Cheshire I’Anson Eveleigh of Norfolk, crop of legislative proposals. and Melissa Amos Young of Roanoke. Betts, Ellett and Meath serve ex The VBA Board of Governors officio; Daniel, Eveleigh and Young are appointees. reviews legislative proposals at its Nominations are sought for the VBA Board of Governors Class of 2004, summer meeting in July and its fall which will consist of one member from the Capitol Region (Judicial Circuits 9, meeting in October. Because of the 12, 13, 14 and 15), one member from the Southside Region (Judicial Circuits accelerating pre-session schedule for 6, 10, 11, 21, 22 and 24), two at-large members, and a judicial representative. developing and filing proposed In considering potential nominees, suggested criteria include leadership legislation for the General Assembly, it track record and potential; professional standing; Association involvement, is preferable to submit proposals as far including section/committee/division work, CLE participation, public service in advance as is practicable. activity and membership status; legislative interest and potential; collegiality Information on this year’s legislative and “people skills”; and financial acumen. Diversity of all types, whether proposals and other bills of interest is personal, geographic or by practice type/size, is encouraged. available on the legislation page at Nominations may be sent to J. Edward Betts, Nominations Committee www.vba.org. Bill information as far Chair, The Virginia Bar Association, 701 East Franklin Street, Suite 1120, back as 1994 is available online at Richmond, VA 23219. leg1.state.va.us. Two Virginia teachers honored by Mark the calendar The John Marshall Foundation for fall conferences Even though it’s early summer, Connie H. Grissom, a seventh-grade as graphic organizers, biographical you’ll want to mark your calendar for civics teacher at Booker T. videos and party hats (to illustrate the these VBA conferences and events Washington Middle School in Newport President’s various responsibilities). coming up this fall: News, and Elizabeth Thompson “It is a privilege and adventure for me Boyd-Graves Conference, October Harris, who teaches junior- and senior- to help unlock the mysteries of this 24-25 at The Boar's Head Inn, level advanced placement U.S. history document to new classes of seventh- Charlottesville; Virginia Tax and comparative government at Great graders each school year,” she writes. Practitioners Roundtable, October Bridge High School in Chesapeake, Harris, who holds bachelor’s and 24 at Farmington in Charlottesville; were the 2003 recipients of The John master’s degrees from Old Dominion VBA Corporate Counsel Section Fall Marshall Foundation Teaching University, grew up in Pakistan, has Forum, October 27 at The Jefferson Awards. taught in Belgium, Senegal and China, Hotel, Richmond; VBA/YLD Pro Bono The awards, which honor and brings a interdisciplinary Hotline Roundtable, November 5 at outstanding middle and secondary approach to her instruction. “Living in The Cavalier, Virginia Beach; VBA school teachers of the United States a society where justice is often Capital Defense Workshop, Constitution, were presented in a capricious gives one an appreciation November 6-7 at the Richmond ceremony on May 1 at the John for life under the rule of law like no Marriott; Region IV Competition, Marshall House in Richmond. This is other experience can,” she says. In National Moot Court, November 6-8 the first year in which two awards have addition to Constitutional study in her at the United States Courts Building, been given. history and government classes, she Richmond; and the VBA’s 114th Grissom, a graduate of Longwood includes related subjects in her French Annual Meeting, January 15-18 in College with a master’s degree from and international relations classes’ Colonial Williamsburg. Virginia State University, focuses on curricula. Watch the VBA News Journal and the U.S. Constitution as the bedrock of (As an aside, she is also the six- www.vba.org for calendar updates civics study, starting with a “family times-great granddaughter of and event details. Other events, such tree” of documents that led to the Constitution signer Roger Sherman, as volunteer training sessions, will Constitution, and utilizing tools such author of the “Great Compromise.”) be added during the year.

JULY 2003 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/21

vnj0703.p65 21 7/3/03, 11:15 AM NEWS IN BRIEF You’re invited to become a VBA Patron Delegate James F. Almand of Lawyers Helping Lawyers, which in 2003. Arlington, a VBA member and former offers confidential, nondisciplinary help To become a Patron, a VBA House Courts of Justice chairman, has for lawyers, judges, law students and member pays $100, in addition to been appointed by Governor Mark their family members with substance regular dues, to support the Warner to fill the vacancy in the 17th abuse or mental health problems, is Association’s public service and law Judicial Circuit created by the now located at 700 East Main Street, reform programs. retirement of Judge Paul D. Sheridan, Suite 1501, in downtown Richmond, The VBA has always sought to effective August 1. phone (804) 644-3212 or 1-800-838- offer substantial value to its Robert L. Burrus Jr., a VBA 8358, e-mail [email protected]. members in return for their dues member and former rector of the Does the VBA have current contact investment. Our substantive law University of Richmond’s board of information for you? Please let us sections, which now number 18, trustees, was recently honored byUR know if you have moved and/or provide the basis for quite a bit of that value — but there is much more. when a scholarship for students in the changed employment by sending your Our CLE programs are recognized new executive master’s program was information to Judy King at the VBA for their quality as well as diversity; named in his honor. The Robert L. office, [email protected]. our strong law reform and legislative Burrus Jr. Scholarship Program for The Virginia Lawyer was first programs continue to make Developing Leaders, which will published in 1966 by the VBA Young constructive contributions to good benefit professionals from business, Lawyers Division. In 2000, Virginia government in Virginia; our Pro Bono government and nonprofits, will be CLE and the VBA/YLD joined in a Hotline Project has received national awarded for the first time this fall. cooperative effort to produce a new acclaim and is being emulated in Burrus is a partner and chairman of version of the two-volume guide for other states as a significant way in the law firm of McGuireWoods LLP. practitioners designed to assist which lawyers can assist in the VBA member Thomas M. Wolf of attorneys in dealing with unfamiliar delivery of legal services to the poor; and the VBA’s continuing growth in Richmond, a partner in the law firm areas. Details are available on the membership illustrates the value of LeClair Ryan, has been elected Internet at http://www.vacle.org/ which the Association delivers to its president of the International wn111.htm#valawyer. members. Association of Commercial Lawyers. Our activities have expanded — but we continue to operate with a modest budget. That is why VBA Patron participation is so greatly CLASSIFIEDS PROFESSIONAL appreciated. In 2002, Patrons provided nearly $40,000 in OFFICE SPACE ANNOUNCEMENTS additional revenue, without which 11 West Market Street, Leesburg, VA some of our efforts would have had for lease ** Small or large office John F. Henault has joined to be curtailed. This support will be even more important to our public spaces in professional building Morgan, Lewis & Bockius as an service and law reform work in the available in historic Leesburg ** ½ associate in its litigation group in future. block to Loudoun Co. courthouse ** 1 Northern Virginia. Prior to joining If you have not already done so, block to county municipal building ** Morgan Lewis, John was an associate please consider becoming a VBA adjacent to town parking garage ** in the Washington, D.C., office of Patron in 2003 and join our move-in condition with high-speed Venable. Morgan Lewis’ Northern members listed on the opposite network lines available ** many fine Virginia litigation group focuses on page. (The list will be republished restaurants and shops in walking complex commercial litigation, with additions in December 2003.) distance ** Call Mark Winn, Re/Max including securities, telecommunications Many Patrons simply check the for info ** 1-800-REMAX8 ext. 301. and banking litigation. appropriate box on the dues statement and enclose an additional The VBA News Journal offers classified advertising. Categories available are as follows: $100 with their dues. You may also positions available, positions wanted, books and software, office equipment/furnishings, send your check for $100 (note that office space, experts, consulting services, business services, vacation rentals, and educational it is for VBA Patron dues) to the VBA opportunities. Rates are $1 per word for VBA members and $1.50 per word for non-members, office or call the Association toll- with a $35 minimum, payable at the time of submission. Ad costs must be paid in advance. The free at 1-800-644-0987 and charge VBA News Journal reserves the right to review all ad copy before publication and to reject material deemed unsuitable. Professional announcements may be printed; the cost per your $100 payment to MasterCard, announcement is $15 and text may be edited for style and space limitations. Deadlines are AmEx or Visa. one month in advance of the date of publication (August 1 for September, etc.). Information is available online at www.vba.org, or call for details at (804) 644-0041.

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vnj0703.p65 22 7/3/03, 11:15 AM VBA JUDICIAL PATRONS: Hon. David H. Adams, Norfolk Hon. G. Steven Agee, Salem Hon. William N. Alexander, II, Rocky Mount Hon. Thomas M. Ammons, III, Virginia Beach Hon. Rosemarie P. Annunziata, Fairfax Hon. Jonathan M. Apgar, Roanoke Hon. Franklin P. Backus, Alexandria Hon. Garland L. Bigley, Dinwiddie Hon. Daniel R. Bouton, Orange Hon. H. Harrison Braxton, Jr., Fredericksburg Hon. William D. Broadhurst, Roanoke Hon. Albert V. Bryan, Jr., Alexandria Hon. Rudolph Bumgardner, III, Staunton Hon. Harry L. Carrico, Richmond Hon. John E. Clarkson, Norfolk Hon. George M. Cochran, Staunton Hon. Marvin F. Cole, Richmond Hon. Glen E. Conrad, Roanoke Hon. H. Vincent Conway, Jr., Newport News Hon. Talmage N. Cooley, Waynesboro Hon. Beverly A. Davis, III, Rocky Mount Hon. Rodham T. Delk, Jr., Suffolk Hon. Ray W. Dezern, Jr., Norfolk Hon. Robert G. Doumar, Norfolk Hon. Jay E. Dugger, Hampton Hon. Nelson T. Durden, Hampton Hon. George C. Fairbanks, IV, Williamsburg Hon. Walter S. Felton, Jr., Williamsburg Hon. Humes J. Franklin, Jr., Staunton Hon. Jerome B. Friedman, Norfolk Hon. Junius P. Fulton, III, Norfolk Hon. Charles D. Griffith, Jr., Norfolk Hon. William D. Heatwole, Waynesboro Hon. Marvin C. Hillsman, Jr., Harrisonburg Hon. Birdie H. Jamison, Richmond Hon. James P. Jones, Abingdon Hon. W. Wellington Jones, Suffolk Hon. M. Langhorne Keith, Fairfax Hon. Donald H. Kent, Richmond Hon. Cynthia D. Kinser, Pennington Gap Hon. Jackson L. Kiser, Danville Hon. Elizabeth B. Lacy, Richmond Hon. Joseph A. Leafe, Norfolk Hon. Louis R. Lerner, Hampton Hon. Eugene E. Lohman, Abingdon Hon. James A. Luke, Prince George Hon. Everett A. Martin, Jr., Norfolk Hon. John J. McGrath, Jr., Luray/Harrisonburg Hon. Joseph W. Milam, Jr., Danville Hon. Norman K. Moon, Lynchburg Hon. Henry C. Morgan, Jr., Norfolk Hon. R. Terrence Ney, Fairfax Hon. Eugene L. Nuckols, Pulaski Hon. Carleton Penn, Leesburg Hon. Nicholas E. Persin, Grundy Hon. Robert L. Powell, Pearisburg Hon. Samuel T. Powell, III, Williamsburg Hon. Ford C. Quillen, Gate City Hon. Joshua L. Robinson, Luray Hon. Gregory L. Rupe, Richmond Hon. William H. Shaw, III, Gloucester Hon. Arthur W. Sinclair, Haymarket Hon. Franklin M. Slayton, Halifax Hon. Dennis J. Smith, Fairfax Hon. Joseph E. Spruill, Jr., Tappahannock Hon. J. Warren Stephens, Newport News Hon. Roscoe B. Stephenson, Jr., Covington Hon. L. Neil Steverson, Richmond Hon. F. Bradford Stillman, Norfolk Hon. M. Lee Stilwell, Jr., Danville Hon. Charles M. Stone, Martinsville Hon. Diane M. Strickland, Roanoke Hon. Harry T. Taliaferro, III, Warsaw Hon. John C. Thomas, Richmond Hon. Douglas O. Tice, Jr., Richmond Hon. Wenda K. Travers, Manassas Hon. James C. Turk, Roanoke Hon. George D. Varoutsos, Arlington Hon. Randolph T. West, Newport News Hon. John E. Wetsel, Jr., Winchester Hon. Henry H. Whiting, Winchester Hon. Robert B. Wilson, V, Hampton Hon. Thomas H. Wood, Staunton Hon. Dean S. Worcester, Leesburg VBA PATRONS: Vaughan Gibson Aaronson, Richmond Michael B. Adams, Jr., Washington, D.C. George R. Aldhizer, Jr., Harrisonburg Wilbur C. Allen, Richmond Hon. Hunter B. Andrews, Hampton Hugh T. Antrim, Richmond Thomas L. Appler, Fairfax Peter A. Arntson, Fairfax Charles B. Arrington, Jr., Richmond Sidney J. Baker, Williamsburg James E. Ballowe, Jr., Arlington John S. Barr, Richmond Kyle F. Bartol, Alexandria Anthony W. Basch, Richmond John W. Bates, III, Richmond Bruce A. Beam, McLean John J. Beardsworth, Jr., Richmond Wayne L. Bell, Bristol, Tenn. Hon. Hubert D. Bennett, Richmond Hon. William W. Bennett, Jr., Halifax William J. Benos, Richmond Prof. Thomas F. Bergin, Charlottesville J. Edward Betts, Richmond James C. Bishop, Jr., Roanoke David P. Bobzien, Fairfax Thomas O. Bondurant, Jr., Richmond Lewis T. Booker, Richmond Alan D. Borinsky, Baltimore, Md. Robert F. Boyd, Norfolk Prof. Kathryn W. Bradley, Charlottesville Mark D. Braley, Richmond Evans B. Brasfield, Richmond Roy S. Bredder, Vienna ShannonThank you, J. Briglia, Vienna Richard Brown, Williamsburg Robert B. Brown, Richmond Thomas C. Brown, Jr., McLean Andrew S. Brownstein, Richmond Deborah V. Bryan, Virginia Beach Robert P. Buford, Jr., Richmond Ann T. Burks, Richmond Stephen D. Busch, Richmond Harris D. Butler, III, Richmond Hon. M. Caldwell Butler, Roanoke Lloyd Lee Byrd, Richmond Tammy J. Calabrese, McLean Hon. Robert L. Calhoun, VBA Patrons. Alexandria E. Beale Carter, Jr., Boykins Joseph C. Carter, Jr., Richmond Richard H. Catlett, Jr., Richmond Hon. Edward T. Caton, III, Virginia Beach Larry W. Caudle, Jr., McLean James L. Chapman, IV, Norfolk R. Harvey Chappell, Jr., Richmond Calvin H. Childress, Virginia Beach Malcolm M. Christian, Richmond Clyde R Christofferson, Reston Randolph W. Church, McLean Henry C. Clark, Harrisonburg W. Garland Clarke, Kilmarnock John V. Cogbill, III, Richmond Stacy M. Colvin, Richmond C. Lacey Compton, Jr., Woodbridge James R. Cottrell, Alexandria James K. Cowan, Jr., Blacksburg Timothy A. Coyle, Norfolk Hon. C. Richard Cranwell, Roanoke James Smyth Cremins, Richmond Benjamin C. Crumpler, Richmond Hon. Richard Cullen, Richmond Marshall M. Curtis, Reston James A.L. Daniel, Danville Hon. John J. Davies, III, Culpeper Terry H. Davis, Jr., Norfolk Robert B. Delano, Jr., Richmond Douglas W. Densmore, Roanoke Prof. A. Mechele Dickerson, Williamsburg Thomas W. diZerega, Upperville Howard W. Dobbins, Richmond Prof. John E. Donaldson, Williamsburg John B. Donohue, Jr., Richmond Mark S. Dray, Richmond Benton S. Duffett, III, Alexandria B. Purnell Eggleston, Roanoke Sam D. Eggleston, Jr., Lovingston E. Tazewell Ellett, Washington, D.C. Reid H. Ervin, Norfolk Daniel K. Evans, Lexington R. Craig Evans, Mechanicsville Thomas F. Farrell, II, Richmond James B. Feinman, Lynchburg F. Rodney Fitzpatrick, Roanoke James W. Fleet, Mobile, Ala. John R. Fletcher, Norfolk G. Franklin Flippin, Roanoke George M. Foote, Washington, D.C. James H. Ford, Martinsville William E. Franczek, Norfolk Jeanne F. Franklin, Alexandria Joy C. Fuhr, Richmond Lane R. Gabeler, McLean Martin A. Gannon, Alexandria Griffin R. Garnett, Jr., Arlington Hon. Vernon M. Geddy, Jr., Williamsburg Paul W. Gerhardt, Williamsburg Joseph E. Gibson, Charlottesville Gerald E. Gilbert, McLean Tracy A. Giles, Roanoke Hon. Thomas E. Glascock, Hampton Hon. J. Samuel Glasscock, Suffolk C. Hobson Goddin, Richmond Allen C. Goolsby, Richmond Allen J. Gordon, Chesapeake Michael W. Graff, Jr., McLean John L. Gregory, III, Martinsville Ilona E. Grenadier, Alexandria Prof. Roger D. Groot, Lexington Timothy H. Guare, Richmond Robin C. Gulick, Warrenton Virginia H. Hackney, Richmond I. Lionel Hancock, III, Norfolk Grayson P. Hanes, Falls Church John W. Hanifin, Ocean Ridge, Fla. Reno S. Harp, III, Richmond Joseph R. Hartsoe, Washington, D.C. James W. Haskins, Martinsville John T. Hazel, Jr., Falls Church John B. Hemmings, Lexington George H. Hettrick, Richmond Glenn M. Hodge, Harrisonburg Hon. William J. Howell, Fredericksburg Richard W. Hudgins, Newport News Leonard H. Huh, Falls Church James V. Ingold, Fairfax Robert J. Ingram, Pulaski William D. James, Richmond Roby G. Janney, Luray John T. Jessee, Roanoke Bryce D. Jewett, III, Richmond Harry M. Johnson, III, Richmond Hon. Joseph P. Johnson, Jr., Abingdon Robert B. Jones, Jr., Richmond Elaine R. Jordan, Richmond Stephen G. Kalinsky, Fredericksburg John F. Kay, Jr., Richmond H. Wise Kelly, Jr., Fairfax Peter J. Kenny, Charlottesville Donald E. King, Richmond H. Lane Kneedler, III, Richmond Peter A. Kraus, Dallas, Tex. J. Sloan Kuykendall, III, Winchester R. Larry Lambert, Virginia Beach Carl C. LaMondue, Norfolk Hon. Edward E. Lane, Richmond Chiswell D. Langhorne, Jr., Washington, D.C. William A. Lascara, Virginia Beach Svein J. Lassen, Newport News Thomas T. Lawson, Daleville William J. Lemon, Roanoke Glenn C. Lewis, Fairfax George B. Little, Richmond E. Eugene Luther, Annandale Harvey S. Lutins, Roanoke Matthew J. MacLean, McLean Marcia M. Maddox, Vienna Donald J. Maher, Jr., Westminster, Colo. James H. Maloney, Falls Church Robert W. Mann, Martinsville Heman A. Marshall, III, Roanoke Howard W. Martin, Jr., Norfolk Wade W. Massie, Abingdon Ronald M. Maupin, Spotsylvania Robin J. Mayer, Lexington Joseph R. Mayes, Virginia Beach J. Robert McAllister, III, McLean Thomas W. McCandlish, Richmond Thomas J. McCarthy, Jr., Pulaski Eugene W. McCaul, Mechanicsville Howard C. McElroy, Abingdon Richard T. McGrath, Richmond Katharine W. McGregor, Vienna James S. McNider, III, Hampton Thomas F. McPhaul, Norfolk James V. Meath, Richmond David S. Mercer, McLean Louis A. Mezzullo, Richmond Hon. Thomas J. Michie, Jr., Charlottesville Charles F. Midkiff, Richmond G. Kenneth Miller, Tappahannock Hon. Nathan H. Miller, Harrisonburg Hon. William C. Mims, Leesburg Hon. Willard J. Moody, Portsmouth James W. Morris, III, Richmond J. Edward Moyler, Jr., Franklin Hon. W. Tayloe Murphy, Jr., Richmond L.C. Musgrove, Roanoke William A. Noell, Jr., Norfolk Thomas G. Nolan, Charlottesville Robert C. Nusbaum, Norfolk Charles W. O’Donnell, Falls Church Albert M. Orgain, IV, Richmond J. Lee E. Osborne, Roanoke Samantha S. Otero, Richmond Stephen D. Otero, Richmond Aubrey J. Owen, Winchester Fred W. Palmore, III, Richmond Sharon E. Pandak, Prince William Philip W. Parker, Roanoke David W. Parrish, Jr., Charlottesville Gordon P. Peyton, Jr., Alexandria B. Carter Phillips, Hampton C. Cotesworth Pinckney, Richmond Allan R. Plumley, Jr., Arlington T. L. Plunkett, Jr., Roanoke H. R. Pollard, IV, Richmond Mark C. Popovich, Williamsburg Anita O. Poston, Norfolk James S. Powell, Golden, Colo. Lisa A. Price, Washington, D.C. Stephen C. Price, Leesburg William E. Rachels, Jr., Norfolk Gordon F. Rainey, Jr., Richmond Alfred M. Randolph, Jr., Norfolk B. Michael Rauh, Washington, D.C. Gant Redmon, Alexandria Walter W. Regirer, Richmond Robert L. Rhea, Staunton Timothy A. Rice, Carver, Mass. Michael L. Rigsby, Richmond Hon. John F. Rixey, Virginia Beach George H. Roberts, Jr., Richmond James C. Roberts, Richmond Elizabeth J. Robison, Richmond William F. Roeder, Jr., McLean Frank W. Rogers, Jr., Roanoke Thomas H. Rose, Jr., Stony Creek Harry P. Rowlett, Jonesville Douglas P. Rucker, Jr., Richmond Dexter C. Rumsey, III, Irvington R. Bradley Runyan, Washington, D.C. John F. Rutledge, Arlington Whitney G. Saunders, Suffolk Hon. Toy D. Savage, Jr., Norfolk Richard S. Schweiker, Jr., Richmond V.R. Shackelford, Jr., Orange Virginius R. Shackelford, III, Orange Harry Shaia, Jr., Richmond John S. Shannon, Norfolk Prof. Robert E. Shepherd, Jr., Richmond Keith T. Shiner, Falls Church Harriette H. Shivers, Roanoke Robert E. Shoun, Fairfax Donald E. Showalter, Harrisonburg David G. Shuford, Richmond John R. Sims, Jr., Nellysford Prof. Kent Sinclair, Charlottesville Alexander H. Slaughter, Richmond Edward R. Slaughter, Jr., Charlottesville R. Gordon Smith, Richmond Margaret H. Smither, Richmond Paul R. Smollar, Washington, D.C. John D.K. Smoot, Jr., Alexandria J. Raymond Sparrow, Jr., Fairfax Nicholas A. Spinella, Richmond Gregory T. St. Ours, Harrisonburg Thomas Stark, III, Amelia Harold E. Starke, Jr., Richmond Phillip C. Stone, Bridgewater Arthur P. Strickland, Roanoke Robert E. Stroud, Charlottesville G.R.C. Stuart, Abingdon Joseph M. Sullivan, Fairfax Timothy J. Sullivan, Williamsburg Frank L. Summers, Jr., Staunton J. Hume Taylor, Jr., Norfolk Frank A. Thomas, III, Orange Betty A. Thompson, Arlington Timothy O. Trant, II, Williamsburg Lucia Anna Trigiani, McLean Hon. Anthony F. Troy, Richmond William R. Van Buren, III, Norfolk Wilson F. Vellines, Jr., Staunton H. Benjamin Vincent, Emporia Edward B. Walker, Roanoke Edmund L. Walton, Jr., Reston Guilford D. Ware, Norfolk Janet L. Weaver, Lexington Robert B. Webb, III, Tysons Corner Michael S. Weisberg, Norfolk Hill B. Wellford, Jr., Richmond Samuel I. White, Virginia Beach Gary L. Wilbert, Charlottesville Erica Y. Williams, Washington, D.C. William J. Williams, Irvington Jesse B. Wilson, III, Fairfax John M. Wilson, Jr., Roanoke Sara Redding Wilson, Manakin-Sabot J. Christopher Wiltshire, Richmond F. Blair Wimbush, Norfolk Thomas S. Word, Jr., Richmond Cabell E. Youell, Roanoke Dickson J. Young, Fairfax James M. Young, Salem Jeannine Rustad Zigner, Washington, D.C. William L. Zimmer, III, Richmond Paul A. Zucker, Falls Church • as of June 20, 2003

vnj0703.p65 23 7/3/03, 11:15 AM October 27, 2003 CALENDAR OF EVENTS VBA Corporate Counsel Section Fall Forum The Jefferson Hotel, Richmond November 5, 2003 July 10-13, 2003 VBA/YLD Pro Bono Hotline Roundtable VBA 113th Summer Meeting The Cavalier, Virginia Beach A joint meeting of The Virginia Bar Association and the West Virginia Bar Association November 6-7, 2003 The Greenbrier, White Sulphur Springs, W.Va. VBA Capital Defense Workshop Richmond Marriott September 27, 2003 Marbury v. Madison 200th Anniversary November 6-8, 2003 The Library of Virginia, Richmond Region IV Competition, National Moot Court United States Courts Building, Richmond October 10-12, 2003 November 18, 2003 VBA Board of Governors VBA Legislative Workday Omni Charlottesville The Berkeley Hotel, Richmond October 24-25, 2003 January 15-18, 2004 Boyd-Graves Conference VBA 114th Annual Meeting The Boar's Head Inn, Charlottesville Colonial Williamsburg October 24, 2003 For more details, please visit our website at www.vba.org or call Virginia Tax Practitioners Roundtable the VBA office at (804) 644-0041. A complete calendar of events Farmington, Charlottesville (tentative) with links to additional information is posted on the website.

Thanks to Our Summer Meeting Sponsors CSX Corporation and Norfolk Southern Corporation • Dominion Resources First American Title •Hogan & Hartson LLP •Hunton & Williams • LexisNexis • Shackelford, Thomas & Gregg, PLC • Smith Company Motor Cars • Troutman Sanders LLP • United Bank • Virginia Barristers Alliance, Inc. • Whitham, Curtis & Christofferson• Williams Mullen

VBA• • The Virginia Bar Association 701 East Franklin Street, Suite 1120 Richmond, Virginia 23219 (804) 644-0041

vnj0703.p65 24 7/3/03, 11:15 AM