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Downloadable Complete Magazine Virginia LawyerVOL. 68/NO. 3 • October 2019 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar The Real Property Issue: Your Practice and Real Estate Transactions Liens That Survive Bankruptcy Common Interest Communities Transfer on Death Deeds Plus, Gifts for Lawyers Virginia Lawyer The Official Publication of the Virginia State Bar October 2019 Volume 68/Number 3 Features Noteworthy REAL PROPERTY VSB NEWS 17 Get Real: The Real Property Issue 36 2019 Diversity Forum Attracts by Ronald D. Wiley Jr. Capacity Crowd 18 No Good Deed Goes Unpunished: Your Practice and Real Estate Transactions by Kay M. Creasman and Paul H. Melnick 22 Liens That Survive Bankruptcy: Is There a Better Way to Get That Message to Debtor Clients? by F. Lewis Biggs 37 The Honorable Teresa M. Chafin Invested to the Supreme Court of 24 A Review of Selected Virginia Laws and Virginia Regulations Pertaining to Common Interest 37 Virginia Law Foundation Communities and Community Managers Announces 2019 Grant Recipients by Susan Bradford Tarley 38 University of Richmond Law 26 Transfer on Death Deeds Student Wins IP Writing by Kay M. Creasman Competition 40 In Memoriam 30 Six Important Developments for Conservation Easements by Timothy Lindstrom 44 Conference of Local and Specialty Bar Associations ET AL. 42 Gifts for Lawyers Access to Legal Services 55 Listening to the Law 34 Herb Sebren of Tappahannock to Receive 2019 Powell Pro Bono Award 35 Kelly Guzzo and Consumer Litigation Associates Honored for Departments Pro Bono Work 6 Forum 51 CLE Calendar VIRGINIA LAWYER REGISTER 59 Professional Notices 56 Disciplinary Summaries 58 Virginia Lawyers: If You Need 61 Classified Ads 61 Advertiser’s Index 57 Disciplinary Proceedings Business, We Need You! 58 The Honorable Teresa M. Chafin 58 Join the Disciplinary System Invested to the Supreme Court of Columns Virginia 8 President’s Message 58 SCOVA Advisory Committee Seeks Comments on Proposed 10 Executive Director’s Message Amendments 12 Ethics Counsel’s Message 58 Comments Sought on Proposed 14 Legal Aid Revisions to the Clients’ Protection 45 Law Libraries Fund Rules 46 Risk Management 47 Book Review Cover: The Real Property Section photographed at the Virginia CLE offices in Charlottesville. Back row (l–r): Rick Richmond, Max Wiegard, Tracy Banks (VaCLE liaison), Barbara Goshorn, Larry McElwain, Whitney Levin, Rick Chess, Wayne Glass, Steve Wood, Brian Wesley, Cynthia Nahorney; Stairs (l–r): Hope Payne, Kay Creasman (Immediate Past Chair), Page Williams, Kathryn Byler (Secretary), Ron Wiley (Chair), Lori Schweller (Vice Chair), Robert Hawthorne, Susan Pesner, Susan Siegfried. Photo by Deirdre Norman Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2019–20 OFFICERS 16th Circuit Marni E. Byrum, President R. Lee Livingston, Charlottesville www.vsb.org Brian L. Buniva, President-elect Palma E. Pustilnik, Charlottesville Leonard C. Heath Jr., Immediate Past President Editor: Karen A. Gould, Executive Director and Chief 17th Circuit Deirdre Norman Operating Officer Adam D. Elfenbein, Arlington ([email protected]) Jennifer S. Golden, Arlington EXECUTIVE COMMITTEE Gregory T. Hunter, Arlington Marni E. Byrum, President Joshua D. Katcher, Arlington Creative Director: Brian L. Buniva, President-elect William H. Miller, Arlington Caryn B. Persinger Leonard C. Heath Jr., Immediate Past President ([email protected]) Maryse C. Allen, Prince William 18th Circuit Ann B. Brogan, Norfolk Barbara S. Anderson, Alexandria Assistant Editor: Eugene M. Elliott, Roanoke Stacey Rose Harris, Alexandria Jackie Kruszewski Eva N. Juncker, Falls Church John K. Zwerling, Alexandria ([email protected]) Jay B. Myerson, Reston William T. Wilson, Covington 19th Circuit Advertising: LLM Publications Brian C. Drummond, Fairfax CONFERENCE CHAIRS AND PRESIDENT David J. Gogal, Fairfax Ben Oerther Conference of Local and Specialty Bar Richard A. Gray, Fairfax ([email protected]) Associations – Lewis A. Martin III Chidi I. James, Fairfax Diversity Conference – Chidi I. James Douglas R. Kay, Tysons Corner Senior Lawyers Conference – John D. Eure Daniel B. Krisky, Fairfax VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) Young Lawyers Conference – Farnaz F. Thompson David L. Marks, Fairfax is published six times a year by the Virginia State Bar, COUNCIL Gary H. Moliken, Fairfax 1111 East Main Street, Suite 700, Richmond, Virginia Jay B. Myerson, Reston 1st Circuit Nathan J. Olson, Fairfax 23219-0026; Telephone: (804) 775-0500. Subscription Damian J. (D.J.) Hansen, Chesapeake Dennis J. Quinn, Tysons Rates: $18.00 per year for non-members. This material 2nd Circuit Wayne G. Travell, Tysons is presented with the understanding that the publisher Ryan G. Ferguson, Virginia Beach Edward L. Weiner, Fairfax and the authors do not render any legal, accounting, Steven G. Owen, Virginia Beach Michael M. York, Reston or other professional service. It is intended for use by Jeffrey B. Sodoma, Virginia Beach 20th Circuit attorneys licensed to practice law in Virginia. Because of 3rd Circuit R. Penn Bain, Leesburg Susan F. Pierce, Warrenton the rapidly changing nature of the law, information Meredith B. Travers, Portsmouth contained in this publication may become outdated. As 4th Circuit 21st Circuit a result, an attorney using this material must always Ann B. Brogan, Norfolk G. Andy Hall, Martinsville Gary A. Bryant, Norfolk 22nd Circuit research original sources of authority and update Neil S. Lowenstein, Norfolk information to ensure accuracy when dealing with Eric H. Ferguson, Rocky Mount 5th Circuit a specific client’s legal matters. In no event will the Thomas G. Shaia, Suffolk 23rd Circuit authors, the reviewers, or the publisher be liable for Eugene M. Elliott Jr., Roanoke 6th Circuit K. Brett Marston, Roanoke any direct, indirect, or consequential damages resulting J. Daniel Vinson, Emporia from the use of this material. The views expressed herein 24th Circuit 7th Circuit are not necessarily those of the Virginia State Bar. The Eugene N. Butler, Lynchburg Benjamin M. Mason, Newport News inclusion of an advertisement herein does not include 25th Circuit an endorsement by the Virginia State Bar of the goods 8th Circuit William T. Wilson, Covington Marqueta N. Tyson, Hampton or services of the advertiser, unless explicitly stated 26th Circuit otherwise. Periodical postage paid at Richmond, 9th Circuit Nancy M. Reed, Luray W. Hunter Old, Williamsburg Virginia, and other offices. 27th Circuit 10th Circuit R. Cord Hall, Christiansburg Charles H. 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Smith, Abingdon information is available online at Jennifer L. Parrish, Fredericksburg A. Benjamin Spencer, Charlottesville www.vsb.org/site/about/bar-staff. 4 VIRGINIA LAWYER | October 2019 | Vol. 68 www.vsb.org Forum Correction: In our August In Memoriam section Letters the last name of the Hon. James Warren Send your letter to the editor to: Stephens Jr., who passed away in [email protected] or December of 2018, was misspelled as Virginia State Bar, Stevens. We regret the error. Virginia Lawyer Magazine, 1111 E Main St., Suite 700, Richmond VA 23219-0026 Letters published in Virginia Lawyer may be edited for length and clarity and are subject to guidelines available at www.vsb.org/site/ publications/valawyer/. Jest Is For All by Arnie Glick 6 VIRGINIA LAWYER | October 2019 | Vol. 68 www.vsb.org President’s Message by Marni E. Byrum We Can Make A Difference Each of us, at some point, would ence focused on diversity in the legal country as states consider their ethics say that we became lawyers to help profession — bringing together over rules in light of the American Bar people or to make a difference. 100 members of the legal community Association’s amendment to Model Regardless of whether or not your to discuss implicit bias, improving di- Rule 8.4. ABA Model Rule 8.4(g) states actual practice focuses on individual versity in the legal profession, address- that “it is professional misconduct for representation or direct client contact, ing the needs of a diverse legal com- a lawyer to . (g) engage in conduct there are still opportunities to make munity, and the impact of the current that the lawyer knows or reasonably that difference. Recently, I was privi- roster of cases before the United States should know is harassment or dis- leged to watch two of those opportuni- Supreme Court on issues of diversity. crimination on the basis of race, sex, ties unfold. The panels included judges, prac- religion, national origin, ethnicity, I attended the Alleghany-Bath- ticing attorneys, and law professors. disability, age, sexual orientation, gen- Highland Bar Association Senior Law der identity, marital status or socioeco- Day Program in August. Over 200 cit- nomic status in conduct related to the izens attended this free program that practice of law.” provided guidance on estate planning, Every lawyer can be the Only two states, Vermont and grandparents’ rights, guardianships, Maine, have adopted rules similar to aging in place, long-term care, social face of the Bar to the the ABA. However, over half the states security, and dealing with Alzheimer’s have rules with language that pro- disease.
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