President’s Page ................................................. Jesse B. Wilson, III 2 The Battered Image of the Lawyer-- A Modest Proposal .................................... Hardy Cross Dillard The "Plain English" Trust .................................. J. Rodney Johnson 11 The Proposed Revision o[ UCC Article Eight .................................... Andrew W. McThenia, Jr. 15 A Brief Introduction to Qualified Employee Pension Plans ............................... Louis .4. Mezzullo 19 The Good Samaritan in Virginia 22 Law Reform: Virginia’s Alcohol Safety Action Program ........................................... B. Waugh Crigler 27 31 THE VIRGINIA BAR ASSOCIATION OFFICERS AND EXECUTIVE COMMITTEE President Past President Jesse B. Wilson, III Edward R. Slaughter, Jr. 4069 Chain Bridge Road P.O. Box 1191 Fairfax, Virginia 22030 Charlottesville, Virginia 22902 President-Elect Secretary- Treasurer L. Lee Bean A. Ward Sims 2045 15th Street, North P.O. Box 1029 Arlington, Virginia 22201 charlottesville, Virginia 22902 Chairman, Young Lawyers Section Chairman-Elect, Young Lawyers Section David Craig Landin Charles F. Midkiff P.O. Box 1191 1200 Mutual Building Charlottesville, Virginia 22902 Richmond, Virginia 23219 Director of Committee Activities John Ritchie P.O. Box 5206 Charlottesville, Virginia 22905 Executive Committee (Other than Ex-Officio Members) Hugh L. Patterson, Chairman Kenneth S. White Lewis M. Costello 1800 Virginia National Bank Bldg. P. O. Box 958 Box 2760 Norfolk, Virginia 23510 Lynchburg, Virginia 24505 Winchester, Virginia 22601 Robert P. Buford John F. Kay, Jr. Thomas R. Watkins 707 East Main Street P. O. Box 1122 Tower Box 60 1 lth Floor Richmond, Virginia 23208 2101 Executive Drive Richmond, Virginia 23212 Hampton, Virginia 23666 Gerald L. Baliles John L. Walker, Jr. John C. Wood P. O. Box 1640 P. O. Box 720 P. O. Box 369 Richmond, Virginia 23213 Roanoke, Virginia 24004 Fairfax, Virginia 22030 rginia BarJlss0ciatioq Nour al Volume VI Winter 1980 Number 1 EDITORIAL BOARD CONTENTS Appointed Members President’s Page ............................. ...................... 2 David W. Parrish, Jr. Jesse B. Wilson, III Chairman The Battered Image of the Lawyer--A Modest Proposal 4 Charlottesville Hardy Cross D-illard Vernon M~ Geddy, Jr Willi~imsburg The "Plain English" Trust ................... .~ ................... ! 1 ]. Rodney Johnson Thomas C. Gordon, Jr. Richmond The Proposed Revision of UCC Article Eight ........... 15 Edward S. Graves Andrew W. l~lcThenia, Jr. Lynchburg A Brief IntrOduction to Qualified Employee Pension Plans .................................... 19 Ex-Officio Members Louis ,4. Mezzullo Jesse B. Wilson, III President The Good Samaritan in Virginia ........................... 22 Fairfax Special Issues and Projects Committee, YLS L. Lee Bean Law Reform: Virginia’s Alcohol Safety President-Elect Action Program ................................................ 27 Arlington B. Waugh Crigler A. Ward Sims Bar Association Proceedings Secretary- Treasurer The Winter Meeting .......................................... Charlottesville 32 YLS Will Sponsor Program on "Associates" David Craig Landin at the Winter Meeting ..................................... 35 Chairman, Young Lawyers Section Announcements ................................................ 36 Charlottesville YLS Chairm~n’s Report.: ..... : ................. °: ........... 37 Memorials ....................................... 39 Editorial Staff Charles E. Friend Editor The Virginia Bar Association Journal is published quarterly by The Virginia Bar Association as a service to the profession. Contributions are welcome, but the Bess Castle Wendell right is reserved to select material to be pul~lished. Publication of any article or Associate Editor statement is not to be deemed an endorsement of the views expressed therein by Douglas R. Maxwell th~ Association. The office of publication is located at 3849 W. Weyburn Road, "Richmond, Virginia 23235. Editor, Young Lawyers Contributions Membership dues include the cost of one subscription to each member of the Association. Subscription price to others, $8.00 per year; single copies $2.50. Second-class postage paid at University of Richmond, Virginia 23173. (ISSN 0360-385"7) ’ (USPS 093-110) JESSE B. WILSON, III Delays, Costs and the Practice of Law AS laypeople, we lawyers share with our fellow citi- congestion which adds to the overall delay in gettin~ zens the concern over allegations that doctors perform cases to trial. unnecessary examir~ations, testing and procedures and The reduction of the use of excessive discovery is an thereby increase the cost of medical services. As profes- improvement in trial practice plainly within the sionals, we lawyers must be concerned with the power of the bar to accomplish. By doing so, lawyers increasing number of complaints from clients and will be not only doing something for the image of the others about the long delays and high costs involved profession but also making a positive contribution to in taking a case through litigation. the administration of the court system, reducing the There may be many causes of delay in any given cost of litigation and, possibly, enhancing the in- case, but one which is as constant as any, and for which comes of individual lawyers by improving.the pros- lawyers have direct responsibility, is the excessive use pect that more people will seek the assistance of of discovery. A tool designed to narrow and define the lawyers in dealing with their problems. issues and to shorten and simplify the trial of cases has On the other hand, should nothing be done, one instead become the source of a flood of paperwork and may reasonably suppose that public dissatisfaction the cause of additional disputes between counsel with undue delay and cost will cause, first, the avoid- requiring further pleading and court appearances. In ance of the lawyers reputed to cause it and, ultimately, some cases, it is fair to say that excessive discovery has the development of alternate systems of dispute resolu- been resorted to for the sole purpose of delay. tion which limit or eliminate the need for licensed An immediate effect of the abuse of this valuable lawyers. tool is the increase in cost to our clients, giving those At present, lawyers enjoy the benefit of some contro- inclined to do so one more opportunity to charge that versial but generally accepted and, therefore, enforce- lawyers are more interested in fees than pushing cases able rules describing the practice of law and limiting to conclusion. An indirect effect is increased court those who may engage in it. Unauthorized Practice ¯ Rule ]-101, which was adopted by the Virginia State ation is past. During the year, I have, in this page and Bar Council in October, 1979 for recommendation to elsewhere, tried to focus the attention of the Associa- the Supreme Court of Virginia, severely limits the tion, and the bar at large, on a few of the important right of non-lawyers to represent others in court. The problems with which the lawyers in Virginia are rationale for this limitation, as the Attorney General faced. noted in his official opinion on that proposed Rule, is I have taiked about the need to restore public confi- that lawyers, as officers of the court, "are best able to dence in our disciplinary procedures and how the assist the court to proceed in [an] orderly and expedi- inclusion of laypeople in this process would help. I tious fashion" (emphasis supplied and citation omit- have suggested that two basic problems facing our ted). Thus the very foundation of our exclusive right profession are (1) the perception by the public that the to carry on the task of courtroom representation of our righ( lawyer for the problem at hand is too hard to clients is the assumption that lawyers can expedite the find and costs too much and (2) that the facts are large- proceedings. ly in accord with this perception. I have digcussed the These rules promulgated by the bar which seek to advantages of spot audits of lawyers’ trust accounts to limit the practice of law to licensed lawyers are under assist in proper record keeping and diminish the cost attack. The Surety Title case here in Virginia was such of maintaining the Client Security Fund, and, finally, an attack and isa warning that other challenges to the I hav~ ~ried to point out the need for and the advisabil- lawyers’ claim to the exclusive right to engage in cer- ity of having both a strong voluntary Virginia Bar tain activities described as the "practice of law" are Association and a strong unified Virginia State Bar likely to come. Our job is to see that a rational basis working together on the various matters of organized for sustaining our claim .can be clearly demonstrated. bar concern in Virginia. Some federal trial judges are now prohibiting the In the remaining space I have, I want to express my use of lengthy form interrogatories. We should not sincere appreciation to Lee Bean, our President:elect, need such prodding. The use of spare, concise and for his counsel throughout the year and his good work pointed discovery pleadings and procedures should in arranging the programs at our meetings; to the become the mark of a good trial lawyer. members of the. Executive Committee and, particu- The problem of delay and costs in trials is becoming larly, its chairman, Hugh Patterson, for the time and widely recognized. The American Bar Association is consideration which each has given to the work of the making it the focal point for.a~cti0n