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Our Mission Grammar Confidential Causes of Action and Remedies For . VBATHE OFFICIAL PUBLICATION News OF THE VIRGINIA BAR ASSOCIATION Journal • VOL. XXXVI, No. 1 • SPRING 2009 Inside: Our Mission Grammar Confidential Causes of Action and Remedies for Insurer Bad Faith in Virginia “She Told Me She Was Scared of Him” 119th VBA Annual Meeting Pictures Triggering the WARN Act THE VIRGINIA BAR ASSOCIATION VOLUME XXXVI, ISSUE 1 VBA. SPRING 2009 The Virginia Bar Association VBA 701 East Franklin Street, Suite 1120 Richmond, VA 23219 News Journal (804) 644-0041 FAX: (804) 644-0052 4 • President’s Page E-mail: [email protected] Our Mission Web: www.vba.org JOHN D. EPPS President John D. Epps, Richmond 6 • Writer’s Block President-elect Stephen D. Busch, Richmond Grammar Confidential: Chair, Board of Governors Dispelling Common Writing Myths Lucia Anna “Pia” Trigiani, Alexandria DAVID H. SPRATT Immediate Past President G. Michael Pace, Jr., Roanoke 7 • Member Spotlight Law Practice Management Division Chair Robert D. Seabolt, Richmond 8 • 2009 VBA Board of Governors Young Lawyers Division Chair 2009 Section and Committee Chairs Turner A. Broughton, Richmond Young Lawyers Division Chair-elect 9 • Rule of Law Project Launched Henry I. Willett, III, Richmond VBA Law School Students Win ABA Competition Board of Governors The Officers and Thomas R. Bagby, Roanoke 10 • Causes of Action and Remedies for Insurer Bad Faith in Virginia Attison L. Barnes, III, Washington, D.C. Hon. Rudolph Bumgardner III, Staunton JONATHAN M. STERN Hon. Rodham T. Delk Jr., Suffolk C. Thomas Ebel, Richmond Hugh M. Fain, Richmond 14 • “She Told Me She Was Scared of Him”: The Admissibility of Jeffrey H. Gray, Virginia Beach Hearsay Evidence that a Murder Victim Feared the Accused Michael C. Guanzon, Danville PROF. JAMES J. DUANE Susan M. Hicks, Fairfax Hon. Robert Hurt, Chatham Maureen R. Matsen, Richmond 18 • 119th VBA Annual Meeting Pictures William R. Mauck Jr., Richmond Rodney A. Smolla, Lexington Robert C. Wood III, Lynchburg 20 • Triggering the WARN Act Member of ABA House of Delegates DAVID R. KEENE, II E. Tazewell Ellett, Alexandria Legislative Counsel 22 • Advice, Goals and Projects Hon. Robert B. Jones Jr., Richmond Anne Leigh Kerr, Richmond TURNER A. BROUGHTON Executive Director Guy K. Tower 23 • 2009 YLD Committee Chairs Assistant Executive Director Brenda Dillard VBA News Journal Editor Kimberly L. Kovac Our Mission The Virginia Bar Association is a vol- VBA News Journal, the official publication of The Virginia Bar Association (ISSN untary organization of Virginia 1522-0974, USPS 093-110), is published four times per year. Membership dues lawyers committed to serving the include the cost of one subscription to each member of the Association. public and the legal profession by Subscription price to others, $30 per year. Statements or expressions of opinions promoting the highest standards of appearing herein are those of the authors and not necessarily those of the integrity, professionalism, and excel- Association, and likewise, the publication of any advertisement is not to be con- lence in the legal profession; working strued as an endorsement of the product of service unless specifically stated in the to improve the law and the adminis- advertisement that there is such approval or endorsement. Periodicals postage paid tration of justice; and advancing col- at Richmond, VA 23232. POSTMASTER: Send address changes to The Virginia Bar legal relations among lawyers. Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219. PRESIDENT’S PAGE Our Mission JOHN D. EPPS What makes The Virginia Bar Association special? I am often asked why a Virginia By definition, our focus is not on ourselves, on lawyer should join The Virginia Bar ways to increase our income, but, instead, is on Association. Why spend the discre- tionary dollars? Do we need a volun- our profession, our judicial system, legislation, and tary state-wide bar association? What makes The Virginia Bar Association society as a whole. In my mind, the Mission special? Statement is what makes The Virginia Bar These are legitimate, fair questions. Times are tight, and all of us need to Association unique. watch our expenses. So, how do I answer those questions? One thing I do is to refer to The Virginia Bar Association's Mission Statement. It is lawyers meet the goal established in accessed on our website, both inspirational and challenging. It Rule 6.1(a) of the Virginia Rules of www.vba.org. I urge you to read says: Professional Conduct that Virginia them. The Principles have now been The Virginia Bar Association is a vol- lawyers "should render at least two endorsed by the Supreme Court of untary organization of Virginia lawyers percent" of their professional time to Virginia, the Federal courts in the committed to serving the public and the pro bono services. Since its inception, Eastern and Western Districts, and by legal profession by promoting the highest the CSP has recorded 100,000 commu- every major bar group in the standards of integrity, professionalism, nity service and pro bono hours donat- Commonwealth. Printed copies of the and excellence in the legal profession; ed by Virginia lawyers and judges. Principles will soon be hanging in working to improve the law and the Using $200 per hour, that equates to courthouses, law firms and bar offices administration of justice; and advancing $20 million of service! throughout Virginia. collegial relations among lawyers. The Mission Statement is also what The Mission Statement prompted inspired The Virginia Bar Association our most recent project, the Rule of That statement says it all. The mis- to create the commission which draft- Law Project, which has just now come sion is what makes The Virginia Bar ed our new Principles of alive. We all know that the rule of law Association something other than sim- Professionalism. More than 25 promi- has been under attack around the ply a trade organization. By defini- nent lawyers, judges, state and federal, globe. Who can forget the Pakistani tion, our focus is not on ourselves, on have worked for two years to develop judges and lawyers being jailed for ways to increase our income, but, and disseminate principles of profes- standing up for the rule of law in their instead, is on our profession, our judi- sionalism and collegiality to guide all country? Or, how about a rigged elec- cial system, legislation, and society as in our profession. The preamble tion in Zimbabwe, or the denial of the a whole. In my mind, the Mission explains that, "without losing sight of right to dissent in Iraq or China, or Statement is what makes The Virginia what lawyers do for their clients and genocide in the Congo? This is what Bar Association unique. Ours is an for the public, lawyers should always can happen when the rule of law organization which includes lawyers focus on how they perform their breaks down. Generations of of all practice types, from large firms duties." The Principles "serve as a Americans have fought and died to and small, from all parts of the state. reminder of how Virginia lawyers protect the rule of law. It is the special We have no special constituency. We have acted in the past and should act obligation of the legal profession to simply exist to make our profession in the future." Here are a few of the safeguard and teach its importance. and our system of government better. Principles: The rule of law has become a focus of A mission statement is just words, our Association, The American Bar though. What about action? I am • "In my conduct toward every- Association and lawyers worldwide. proud to say that over the years, the one with whom I deal, I should ... act at Is there anything more important Association has worked hard to stay all times with professional integrity, so about our nation that our children true to the mission. It was the Mission that others will know that my word is need to learn about, understand, and Statement that lead The Virginia Bar my bond." cherish than the fact that our nation is Association to create the Community • “In my conduct toward my governed by laws and not men and Service Program ("CSP") five years clients, I should . act with diligence that no person is either above or below ago. As stated on The Virginia Bar and dedication—tempered with, but the law? On February 18 of this year, Association's website, the CSP is "a never compromised by, my profession- in junior high schools throughout the program to encourage one of the great al conduct toward others.” Roanoke Valley, sixty Virginia lawyers traditions of our profession . helping • “In my conduct toward courts and judges volunteered to teach sev- others in their communities." The pro- and other institutions with which I enth and eighth grade civics classes gram asks that Virginia lawyers and deal, I should . avoid conduct that about the importance of the rule of law judges perform fifty hours per year of offends the dignity or decorum of any in our country and our state. Plans are pro bono legal services or non-legal courts or other institutions . .” being implemented to take this project community service. The program is statewide. Thanks to significant finan- designed to help The full text of the Principles can be cial support from the Virginia Law 4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL SPRING 2009 Association was able to create a professional video for use in these classes which includes discussions from Chief Justice Leroy Hassell, Senior Justice Elizabeth Lacy, former Governor Gerald Baliles, and our immediate past president, Michael Pace. Each gave their personal per- spectives on what the rule of law means to them. I invite you to view this video at the website for the Project www.ruleoflaw-vba.org, which can also be accessed at the VBA website.
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