DOCSLIB.ORG

BN Sept 2016.Indd

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
BN Sept 2016.Indd Springfield Metropolitan Bar Foundation 2016 NABE/LexisNexis Community and Educational Outreach Award Magna Carta Project - Springfield Metropolitan Bar Foundation BAR N E Mark McQueary receives the award on behalf of the Springfield Metropolitan Bar Foundation August 4, 2016 at the ABA annual meeting in San Francisco Photo Credit: Gene X Hwang of Orange Photography — In This Issue — W Bar Foundation Spotlight Aspiration to Impact – Patrons, Programs and Promise Support the Foundation! Triviae Nox at the Fairbanks and Bearister 5K Recap S A Springfield Metropolitan PLUS Bar Association Publication Brewing Up A Debate: Attorney General Candidates Leading Ladies of our Bench and Bar 2016 at October Monthly Lunch Issue Six SUSTAINING MEMBERS as of September 20, 2016 Chantel Alberhasky - Randy Alberhasky - Kristoffer Barefield - Erik Bergmanis - Stacie Bilyeu - The Hon. Becky Borthwick - The Hon. Jason Brown - Thomas Burke - The Hon. Don Burrell - The Hon. Ron Carrier - Kim Chaffin - Ron Conway - James Corbett - Matthew Corbett - The Hon. Michael Cordonnier - David Crawford - Richard Crites - The Hon. John Crow - Michael Cully - Gary Cunningham - The Hon. Charles Curless - Dana Tippin Cutler - Deborah Dodge - BAR Greg Dorshorst - Nate Dunville - Alexander Edelman - Randall Eggert - The Hon. James England - Thomas Field - The Hon. William Francis - Virginia Fry - Dwayne Fulk - Mark Gardner - Topper Glass - Ginger Gooch - Teresa Grantham Fiester - Shannon Grisham - Jennifer Growcock - Matthew Growcock - Fred Hall - Sam Hamra - Eugene Han - The Hon. William Hass - Courtney Hayes - Thomas Hearne - The Hon. Michael Hendrickson - Crista Hogan - The Hon. John Holstein - The Hon. Andy Hosmer - Robert Ingold - Donald Jones - John Kail - Doug Kays - Emily Kembell - Danielle Kincaid - Paul Kirk - Kurt Larson - John Lightner - Rod Loomer - The Hon. Gary Lynch - Evelyn Mangan - C. Dudley Martin - Regi Martin - Summer Masterson-Goethals - Bruce McCurry - Abram McGull - Mark McQueary - Thomas Morrissey - Michelle Moulder N - The Hon. Thomas Mountjoy - Bryan Musgrave - Patricia Musick - Katherine O’Dell - Tom O’ Neal - Ashley Norgard - Robert Palmer - The Hon. Margaret Palmietto - The Hon. Lisa Page – The Hon. John Parrish - Joe Passanise - Andrew Peebles - Scott Pierson - The Hon. Mark Powell - John Pratt - Nancy Price - David Ransin - Catherine Reade - John Reed - Ken Reynolds - B. J. Richardson - The Hon. David Rush - Matthew Russell - Tom Rykowski - Ted Salveter - Kendall Seal - John Schmidt - Joseph D. “Chip” Sheppard, III – Paul Sherman - Kenton Slankard - Stephen Snead - Amy Squibb - Ron Stenger - Stephanie Stenger Montgomery - Laurel Stevenson - Tom E Strong - The Hon. Richard Teitelman - The Hon. Todd Thornhill - Ashley Twibell - Branden Twibell - John Vaughan - Lee Viorel - Dee Wampler - Bill Wear, Jr. - The Hon. Henry Westbrooke - The Hon. Dean Whipple - David Wieland - Richard Wilson - Will Worsham - The Hon. David Zerrer And the late Hon. James Prewitt, who was a loyal and supportive member of the bar and will be W greatly missed. Sustaining Member Lapel Pins Pick yours up at the SMBA office or let us know and we will be S happy to mail it to you. Coming Soon: Moxie Matinee - Free Movie for Sustaining Members 2016 Save the date: November 12, 1:00 p.m. Issue Six SEPTEMBER 2016 : 3 — CONTENTS — SMBA BOARD Robert Palmer, President ARTICLES Ginger Gooch, President-Elect Ashley Twibell, Secretary 5 Springfield Metropolitan Bar Foundation Emily Kembell, Treasurer by Robert Palmer, SMBA President Mark McQueary, Past President 7 National Recognition and Local Impact EX OFFICIO by Mark McQueary, President, Thomas Mountjoy, Presiding Judge Crista Hogan, Executive Director Springfield Metropolitan Bar Foundation 9 Foundation for Excellence - Catalyst for Good DIRECTORS Chantel Alberhasky by Crista Hogan, Executive Director The Hon. Don Burrell 14 Recent Developments in Managing Client Files Jeff Bauer Stacie Bilyeu by Michael Downey, Downey Law Group, LLC John Pratt Jason Smith 17 Tech Takeover by Amber Throckmorton, Paperwise Matthew Growcock Eugene Han Jim Tucker Upcoming Events and SMBA CLE Tom Carver John Lightner 10 Triviae Nox at the Fairbanks Joseph Reid 13 Monthly Lunch and Bar Brew The Bar News is published by the Springfield Metropolitan Bar Association. Views expressed Activities, Achievements and Announcements are those of the authors and do not necessary reflect the 4 Bench and Bar News policy or position of the SMBA. Advertising is accepted based on 8 Bearister 5K Results and Recap space availability and suitability to audience and does not imply 11 Bulletin Board endorsement. Editorial inquiries should be made to chogan@ springfieldbar.com. Advertising 23 Classifieds inquiries should be made to [email protected]. THE OBJECT OF THE SPRINGFIELD BAR BAR NEWS STAFF Crista Hogan, Editor Established October 17, 1903 Rebekah Teller, Designer James Green, Assistant • To maintain the honor and dignity of the profession of law, Evan Grosch, Intern • to cultivate social interaction among its members, Riley Quinn, Intern • and for the promotion of legal science, SMBA 1615-D S. Ingram Mill Rd. • and the administration of justice. Springfield, MO 65804 (417) 831-2783 BENCH AND BAR: News and Announcements Welcome New Members! New Custody Language The results of the July bar exam were recently Pursuant to House Bill 1550, this language is now released and there are some new faces in the required in every court order that establishes or bar. Some just graduated and are new to the modifies custody or visitation: In the event of profession and others are new to our community. noncompliance with this order, the aggrieved party BAR We welcome all and look forward to getting may file a verified motion for contempt. If custody, acquainted. New members will be invited to visitation, or third-party custody is denied or participate in our Tour de Courts program so interfered with by a parent or third party without please let us know if we need to add anyone to our good cause, the aggrieved person may file a family list. Email [email protected]. access motion with the court stating the specific facts Attorney at Law: that constitute a violation of the custody provisions Victoria Marszalik • Tati Scholfield-Johnson of the judgment of dissolution, legal separation, Cox Health: Christie Eckhardt or judgment of paternity. The circuit clerk will Greene County Prosecutor’s Office: provide the aggrieved party with an explanation Max Nagle • Paul Rebar • Gage Fletcher of procedures for filing a family access motion and Hall Ansley: Chip Lee a simple form for use in filing the family access N Husch Blackwell: Nathan Stech • Larissa Warren motion. A family access motion does not require the Legal Services of Southern Missouri: assistance of legal counsel to prepare and file. Antonio Hansberry Lowther Johnson: Megan Million • Lynsey Russell 38th Circuit Court Receives Permanency Missouri Public Defender’s Office: Award Patty Poe • Hannah Kahn • William Conway The 38th Judicial Circuit was recently honored with Neale & Newman: Ryan Frazier a Permanency Award. The Honorable Mary Russell The Law Store: Mallory McDonald of the Missouri Supreme Court presented the award Tolbert, Beadle & Musgrave, LLC: Jacob Uhler in a ceremony held for that purpose August 30. E Turner Reid: Jeff Coffey • Jeff Upp U.S. District Court – Judge Harpool: Judge Russell Receives McMillan Award Jared Guemmer The 2016 Theodore McMillian Judicial Excellence Award recipient is Missouri Supreme Court Judge Court of Appeals Gives Award Mary Russell. The McMillian award is presented In recognition of his commitment to judicial by The Missouri Bar to recognize jurists who, by education and his dedicated service as a member virtue of their integrity, leadership and diligence of the Appellate Court Education Committee, in the pursuit of the efficient administration of Judge Gary Lynch of the Missouri Court of justice, inspire other members of the judiciary to W Appeals, Southern District, was awarded a similar noble purpose. certificate of appreciation during a recent court en banc meeting. Judge Lynch has served the Family Court Commissioners Selected Appellate Court Education Committee since The 31st Circuit Court en Banc has selected 2007. Judge Lynch has been an appellate judge two SMBA members to fill the family court since January of 2006. Prior to that, he was a commissioner positions, which will become circuit judge for Polk County. He currently lives in vacant with the retirement of Commissioners Sue Bolivar, Missouri. Chrisman and Scott Tinsley. Regi Martin will be the new commissioner of Family Court Division Retirement Reception One with an anticipated start date of November S A retirement reception honoring Commissioner 23, 2016. Susan Jensen was selected as the new Scott Tinsley and Commissioner Sue Chrisman will commissioner for Family Court Division Two be held on Friday, October 14, 2016 from 12:00pm - starting on or about November 1, 2016. Both 2:00pm at the Greene County Judicial Facility, 1010 Martin and Jensen come to the court from private N. Boonville Ave (First Floor Jury Assembly Room) practice, Martin as a sole practitioner and Jensen Springfield, Missouri. Remarks will commence at from the firm Pratt, Jensen & Grisham. 2016 12:30. Refreshments will be served. Issue Six SEPTEMBER 2016 : 5 SPRINGFIELD METROPOLITAN BAR FOUNDATION by Robert Palmer 2016 SMBA President Most members of the Springfield Metropolitan barriers. Various bi-lingual public forums on Bar
Load more

Recommended publications
  • Legal Profession ACT
    LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt LeGAL PROFeSSION ACT ChAPTeR 90:03 Act 21 of 1986 Amended by 15 of 1996 76 of 2000 3 of 2008 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–84 .. UNOFFICIAL VERSION L.R.O. UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt 2 Chap. 90:03 Legal Profession Index of Subsidiary Legislation Page Legal Profession (Law Offices) Order (LN 256/1986) … … … 72 Attorneys-at-law (Remuneration) (Non-Contentious Business) Rules (LN 77/1997) … … … … … … … 73 See also the following: Council of the Law Association — Part A of First Schedule … 40 Constitution of First Council — Part B of First Schedule … 44 (as amended by LN 44/1987*) Form of Certificates — Second Schedule … … 44 Code of Ethics — Third Schedule … … 46 Disciplinary Committee — Fourth Schedule … … 61 Legal Profession (Disciplinary Proceedings) Rules — Fifth Schedule … … 62 Compensation Fund — Sixth Schedule … … 70 * LN 44/1987 [The Legal Profession (First Council) Directions, 1987] has been spent since it applied only for the purpose of constituting the First Council. Note on Omissions (Orders made under sections 15A and 16 of the Act) A. Orders [Legal Profession (Eligibility for Admission) Order] made under section 15A of the Act have been omitted. B. Orders [Legal Profession (Reciprocal Arrangements) Order] made under section 16 of the Act have been omitted. (N.B. See Latest Edition of Consolidated Index of Acts and Subsidiary Legislation for Orders made under sections 15A and 16 of the Act).
    [Show full text]
  • Law Day 2015
    ONONDAGA COUNTY BAR ASSOCIATION VOLUME 60 NUMBER 3 | MARCH 2015 CNY Philanthropy Center | 431 East Fayette St. | Syracuse, NY 13202 | Phone: 315-471-2667 LAW DAY 2015 | LET FREEDOM RING 800 YEAR ANNIVERSAY OF THE MAGNA CARTA The Magna Carta Libertatum, the Great Finally, we will conclude the day with our Charter of Liberties, signed on June 15, annual Law Day luncheon to be held at noon 1215, is about to reach a landmark 800th at the new Sky Armory located in downtown birthday! In honor of the occasion, Law Syracuse. Student work from the activities Day 2015, to be celebrated locally on May leading up to Law Day will be on display 1, 2015, will be centered on the concepts and the finalists from the student debate embodied by the Charter. We invite and competition will impress us with their welcome the legal community to a day keen analysis and articulate point/ of contemplation regarding, commitment counter-point leading to selection of a to, and celebration of the rule of law that prevailing team. has developed from that great moment This year’s debate topic focuses on in history, and the preservation of which social media and a defendant’s right is the daily work of our profession. to a fair trial based on juror exposure to We will commence our celebration on such media prior to the trial. Hearing this Friday, May 1 with an 8:15 AM group photo issue debated by our youth who are digital of legal practitioners in our community and natives and “netizens” of the world should the members of the judiciary on the steps of the be both informative and entertaining.
    [Show full text]
  • 1. Lawyers in Different Countries Do Not Hold the Same Titles Or Share the Same Role and Status
    I. Legal Profession A lawyer is a person who writes a 10,000-word document and calls it a "brief." -- Franz Kafka T can brainstorm expressions used for legal practitioners and activities which lawyers are involved in. 1. Lawyers in different countries do not hold the same titles or share the same role and status. Read the following text giving an outline of legal professions in civil law countries, England and the USA. In which country/countries do attorneys, solicitors, barristers, notaries or advocates work? People roughly acquainted with the legal profession in civil law countries may be tempted to make an equation between the two main strands found there, i.e. notaries and advocates, and the two kinds of lawyers existing in England, i.e. barristers and solicitors, but this is not the case, the latter being of quite a different nature. It is true that English solicitors may draw up various legal documents and make them official as their civil law counterparts do but their scope of work is by far wider. The English solicitors also prepare cases for barristers defending those accused of crimes in courts and may also defend themselves such persons in lower courts. The very term “notary” does not denote a separate profession in England or the USA. There, you can come across the term “notary public” which denotes a professional who has authority to witness and draw up only certain documents and make them official. In England this is performed by solicitors but in the USA this may be done by people who have not qualified as lawyers, or attorneys, as they commonly referred to there.
    [Show full text]
  • Matt Neco Prefix First Name Middle Initial Last Name Suffix
    City of Santa Monica Boards & Commissions Submit Date: Jul 21, 2021 Application Which Boards would you like to apply for? Public Safety Reform and Oversight Commission : Submitted Please read the following before completing an application: The Oaks Initiative, also known as the "Taxpayer Protection Act," was adopted by Santa Monica voters in November 2000 and amended in November 2016. Its requirements affect all City-elected and appointed officials, including Council-appointed board and commission members. Additional information is available on the City’s website in City Charter Article XXII – Taxpayer Protection. All persons are invited to apply for membership on City Boards and Commissions regardless of race, age, sex, religion, marital status, national origin, ancestry, sexual preference, or disability. Applicants shall not, however, be under 18 years of age or serve on more than one Board, Commission or Corporation. Some Boards and Commissions do require special qualifications and requirements. Appointment of members will be made by Councilmembers at an open City Council meeting. Upon appointment, designated members will be required to file a Conflict of Interest disclosure statement. Please answer all questions on this application. This application will become a public record and will be available for public inspection or duplication. Additional Conflict of Interest Information for applicants Profile Matt Neco Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary
    [Show full text]
  • 3 Ocaho 568 1641 United States Department of Justice
    3 OCAHO 568 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER DALILA KAMAL-GRIFFIN, ) Complainant, ) ) v. ) 8 U.S.C. § 1324b Proceeding ) CASE NO. 92B00067 CAHILL GORDON & ) REINDEL ) Respondent. ) ) FINAL DECISION AND ORDER GRANTING RESPONDENT'S MOTION FOR SUMMARY DECISION AND DENYING COMPLAINANT'S CROSS-MOTION FOR SUMMARY DECISION (October 19, 1993) Appearances: For the Complainant Dalila Kamal-Griffin, Pro Se For the Respondent Charles A. Gilman Silda Palerm Cahill Gordon & Reindel Before: ROBERT B. SCHNEIDER Administrative Law Judge 1641 3 OCAHO 568 TABLE OF CONTENTS I. STATUTORY BACKGROUND ............................ 1 II. PROCEDURAL HISTORY ................................ 4 III. FACTS ................................................. 8 IV. DISCUSSION, FINDINGS OF FACT AND CONCLUSIONS OF LAW ................................ 12 A. Legal Standards for Summary Decision ................. 12 B. Threshold Issues 12 1. Complainant Has Standing to Bring a Citizenship Claim ................................ 12 2. Respondent is Subject to IRCA's Prohibition Against Citizenship Status Discrimination 13 C. The Alleged Unfair Immigration-Related Employment Practices .............................. 14 1. Disparate Treatment Theory ........................ 14 2. Case Analysis 19 a. Complainant Failed to Establish a Prima Facie Case ............................... 19 i. Respondent Does Not Require An American J.D. Degree of its Permanent Associate Attorneys .................
    [Show full text]
  • The Attorney As Defendant Jack Levitt
    Hastings Law Journal Volume 13 | Issue 1 Article 1 1-1961 The Attorney as Defendant Jack Levitt Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Jack Levitt, The Attorney as Defendant, 13 Hastings L.J. 1 (1961). Available at: https://repository.uchastings.edu/hastings_law_journal/vol13/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. The Attorney as Defendant By JAcK LEAr* .... thousands of young men in the United States annually find their way to the bar, who are poorly qualified for its duties and responsi- bilities, and who, without the aid of the 'cramming' law school, would have possessed neither the patience nor the force of character to have prepared themselves for their bar examinations."' BY CUSTOM and inclination, the lawyer is an officer of the court who becomes a momentary partisan for the sake of justice and a suc- cessful career. At times, however, events force him into an unaccus- tomed role, that of an interested party whose competence or integrity has been attacked in a law suit. His adversary, for the most part, is a former client, no longer satisfied with their previous relation of trust and confidence. During the past century, for example, members of the California bar have had to defend their professional reputations- sometimes successfully, sometimes not-against charges of negligence, breach of a fiduciary duty, fraud, undue influence, misuse of money, 2 breach of contract, and the like.
    [Show full text]
  • Trina M. Spainhower V. Smart & Kessler
    APPELLANT PRO SE ATTORNEYS FOR APPELLEES Trina Spainhower Nicholas W. Levi Indianapolis, Indiana Kightlinger & Gray, LLP Indianapolis, Indiana Katherine E. Tapp Kightlinger & Gray, LLP New Albany, Indiana IN THE COURT OF APPEALS OF INDIANA Trina M. Spainhower, August 24, 2021 Appellant-Plaintiff, Court of Appeals Case No. 20A-SC-1629 v. Appeal from the Johnson Circuit Court Smart & Kessler, LLC (f/k/a The Honorable Dan E. Marshall, Smart Kessler & Lowe, LLC), Special Judge Smart Kessler Lowe (a/k/a Trial Court Cause No. Smart & Kessler), John M. 41C01-1911-SC-3097 Smart, III, Douglas W. Kessler, and Brian K. Lowe, Appellees-Defendants. Najam, Judge. Court of Appeals of Indiana | Opinion 20A-SC-1629 | August 24, 2021 Page 1 of 15 Statement of the Case [1] Trina M. Spainhower appeals the small claims court’s denial of her claim for fraud against Smart & Kessler, LLC (“the law firm” or “the firm”)1 and its partners John M. Smart, III, Douglas W. Kessler, and Brian K. Lowe. The court denied Spainhower’s claim on two grounds: that her fraud claim was instead a claim for legal malpractice and, as such, was not timely filed; and, in the alternative, that she had failed to meet her burden of proof to show fraud. [2] Spainhower’s claim was based entirely on the law firm’s representation to her that her initial consultation would be with an attorney belonging to the firm, a representation that was false in that the purported attorney, Matthew Boehning, was not licensed to practice law. We conclude that Spainhower’s claim is not a claim for legal malpractice because the misrepresentation occurred before she met with Boehning and did not occur within an attorney- client relationship.
    [Show full text]
  • The Lost Lawyers: Early American Legal Literates and Transatlantic Legal Culture
    Article The Lost Lawyers: Early American Legal Literates and Transatlantic Legal Culture Mary Sarah Bilder* Each generation of lawyers makes its own contribution to the architecture of the law. - Anthony T. Kronman' * Associate Professor, Boston College Law School. B.A. 1987, University of Wisconsin- Madison; J.D. 1990, Harvard Law School; A.M. (History) 1992, Harvard University. My thanks to Alfred Brophy, Daniel Coquillette, David Hall, Bruce Mann, John O'Keefe, Kathryn Preyer, James Rogers, Richard Ross, and Aviam Soifer. Early versions of this Article were presented at the University of Chicago's Legal History Workshop, at the American Bar Foundation, and at a Boston College Law School summer workshop, and I am appreciative for the comments. Spelling has been modernized in most instances. This Article is part of a larger project exploring the dimensions and meanings of a transatlantic legal culture prior to the American Revolution. See Mary Sarah Bilder, The Origin of the Appeal in America, 48 HASTINGS L.J. 913 (1997); Mary Sarah Bilder, Salamanders and Sons of God: The Culture of Appeal in Early Massachusetts and Rhode Island, in THE MANY LEGALITIES OF EARLY AMERICA (Christopher L. Tomlins & Bruce H. Mann eds., 1999). 1. ANTHONY T. KRONMAN, THE LOST LAWYERS: FAILING IDEALS OF THE LEGAL PROFESSION 380 (1993). Yale Journal of Law & the Humanities, Vol. 11, Iss. 1 [1999], Art. 2 Yale Journal of Law & the Humanities [Vol. 11:47 I. INTRODUCTION: THE LOST LAWYERS Paul C. Kurtz wrote well, spoke and argued eloquently, wore a nice suit, and carried a briefcase.2 As an observer noted, "'He looked 100 percent like a lawyer and conducted himself as a lawyer."' 3 Being an actual practitioner of the law, however, does not make one a lawyer in modern America.
    [Show full text]
  • Directory of Regulators of the Legal Profession
    Directory of Regulators of the Legal Profession International Bar Association 2016 Introduction The IBA Bar Issues Commission has produced this global directory of regulators of lawyers as a resource for practising lawyers and Bar Associations. The directory identifies the bodies who are responsible in each jurisdiction for the regulation of lawyers at various key stages, from qualification/entry to the profession, through ethics and conduct rules to disciplinary matters. The directory also gives some basic details on the governing legislation in those jurisdictions where there is a statutory basis for the profession and provides links to the relevant legislation where possible. We are grateful to a large number of Bar Associations and individual IBA members who helped to verify the information contained in this directory. The companion, searchable directory on the IBA’s Website lists all of those who assisted us in producing this resource. In some instances the information given in the directory is based on desk research and has not been officially verified by the jurisdiction concerned. Where this is the case, this is made clear. If you are able to assist with the confirmation or correction of any of the listings that have not yet been verified, this would be greatly appreciated. Similarly, if you are able to provide information about a jurisdiction that has not yet been covered, or if you have an update on one of the jurisdictions listed below, please get in touch with Becca Verhagen at the IBA’s London Office ([email protected]). Jonathan Herman and Søren Jenstrup Co-Chairs, Bar Issues Commission Regulation Subcommittee 2 Contents Which countries does the Directory cover? ................................................................................
    [Show full text]
  • Petition-UPL-OP218 071621.Pdf
    VIRGINIA: IN THE SUPREME COURT OF VIRGINIA AT RICHMOND IN THE MATTER OF UNAUTHORIZED PRACTICE OF LAW OPINION 218 PETITION OF THE VIRGINIA STATE BAR Jay B. Myerson, President Karen A. Gould, Executive Director James M. McCauley, Ethics Counsel Emily F. Hedrick, Assistant Ethics Counsel Virginia State Bar 1111 East Main Street, Suite 700 Richmond, VA 23219-3565 Phone (804) 775-0500 Fax (804) 775-0501 TABLE OF CONTENTS I. Overview of the Issues 1 II. Publication and Comments 2 III. Proposed Unauthorized Practice of Law Opinion 3 IV.Conclusion 14 ii VIRGINIA: IN THE SUPREME COURT OF VIRGINIA AT RICHMOND IN THE MATTER OF UNAUTHORIZED PRACTICE OF LAW OPINION 218 PETITION TO THE HONORABLE CHIEF JUSTICE AND THE JUSTICES OF THE SUPREME COURT OF VIRGINIA: NOW COMES the Virginia State Bar, by its president and executive director, pursuant to Part 6, § IV, Paragraph 10-4 of the Rules of this Court, and requests review and approval of Unauthorized Practice of Law Opinion 218, as set forth below. Proposed UPL Opinion 218 was approved by a vote of 57 to 0 by Council of the Virginia State Bar on June 18, 2021 (Appendix, Page 1). I. Overview of the Issues The Virginia State Bar Standing Committee on Legal Ethics (“Committee”) has proposed Unauthorized Practice of Law Opinion 218. In the proposed opinion, the Committee addresses whether Virginia’s Uniform Power of Attorney Act (UPOAA) permits a non-lawyer agent/attorney-in-fact to prepare, sign and file pleadings with a court on behalf of the principal and then appear and represent the interests of the principal before the 1 court, without engaging in unauthorized practice of law.
    [Show full text]
  • Lawyer - a Professional Person Authorized to Practice Law; Conducts Lawsuits Or Gives Legal Advice
    Lawyer - A professional person authorized to practice law; conducts lawsuits or gives legal advice. Barrister - A British or Canadian lawyer who speaks in the higher courts of law on behalf of either the defence or prosecution. Advocate - A lawyer who pleads cases in court. What is the difference between attorney, barrister, lawyer, and solicitor? How about advocate, counsel, counselor, or counselor-at-law? Lawyer is a general term for a person who gives legal device and aid and who conducts suits in court. An attorney or, more correctly, an attorney- at-law, is a member of the legal profession who represents a client in court when pleading or defending a case. In the US, attorney applies to any lawyer. In the UK, those who practice law are divided into barristers, who represent clients in open court and may appear at the bar, and solicitors, who are permitted to conduct litigation in court but not to plead cases in open court. The barrister does not deal directly with clients but does so through a solicitor. The word attorney comes from French meaning 'one appointed or constituted' and the word's original meaning is of a person acting for another as an agent or deputy. A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate,barrister, counselor, and counselor-at-law. As to the abbreviation 'Esq.' for 'Esquire' used by some lawyers ... it has no precise significance in the United States except as sometimes applied to certain public officials, such as justices of the peace.
    [Show full text]
  • Towards a Global Bar: a Look at China, Germany, England, and the United States
    TOWARDS A GLOBAL BAR: A LOOK AT CHINA, GERMANY, ENGLAND, AND THE UNITED STATES Mary C. Szto* I. INTRODUCTION The legal profession is globalizing rapidly. This is evidenced by the ease of world communications, burgeoning international issues,' and mergers among firms of different countries.2 Bar admission requirements qualify attorneys to practice law. Around the world, law schools are sometimes under pressure to conform their curricula to state bar examinations. In the United States, often, applicants measure schools by their "bar passage rates." How well do bar requirements prepare candidates for the practice of law, locally and globally? Also, do they accurately measure the knowledge, skills, and qualities an international attorney should possess? A global look at bar requirements seeks to broaden the discussion of how best to train attorneys. By examining different country standards, any particular country can begin to "think outside the box." It also allows attorneys from different countries, who more and more are working side-by- side, to understand how they can practice law together. A third outcome might be to contribute to a dialogue for a global bar.3 This article explores the requirements necessary to practice law in four countries: China, England, Germany, and the United States. These include * Visiting Associate Professor, Touro Law Center. B.A., Wellesley College, 1981; M.A.R., Westminster Theological Seminary, 1983; J.D., Columbia University, 1986. Thank you to Rory Wells, Daniel Olorunda, Sonia Morris, Carol Palatini, Holly Miller, Annette Thompson, and Salome Geronimo. 1. See David Banisar & Simon Davies, Global Trends in Privacy Protection: An InternationalSurvey of Privacy, Data Protection,and Surveillance Laws and Developments, 18 J.
    [Show full text]