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Download Complete Magazine Virginia LawyerVOL. 69/NO. 3 • October 2020 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar The Pro Bono Issue President-Elect Candidates Medical Malpractice Public Speaking without Anxiety Capital Punishment Teirra M. Everette Senior Legal Counsel Dominion Energy Virginia Lawyer The Official Publication of the Virginia State Bar October 2020 Volume 69/Number 3 Features GENERAL INTEREST Noteworthy 30 Medical Malpractice in the COVID-19 Era: How Will the Illusive VSB NEWS COVID-19 Standard of Care and Virginia’s Immunity Statutes Affect 38 Meet the President-Elect Future Cases? Candidates by W. Davis Powell 32 What Are You Afraid Of? The Art of Public Speaking Without Anxiety by Jim Lofton 34 Capital Punishment: A Review of the Proposed Legislative Reform to Virginia’s Death Penalty Laws by the Hon. Joseph A. Migliozzi and Rebecca Dattilo, Judicial Intern 41 New Virginia Lawyer Mail Dates 41 Virginia Law Foundation Grants $500K to Pro Bono and Rule of Law PRO BONO Projects for 2020 14 Letter from the Chief Justice of the Supreme Court of Virginia 41 MCLE Compliance Deadline by the Hon. Donald W. Lemons Reminder 42 Freddie Mac Receives 2020 Frankie 15 The Pro Bono Issue: Artfully Navigating a Time Muse Freeman Pro Bono Award When Pro Bono is Needed More Than Ever by Crista Gantz and Jennifer Fulmer 42 Bary Hausrath and Chip Clapp Co-recipients of the 2020 Lewis F. 16 Changing the Life of a Child with Your Law Degree Powell Jr. Pro Bono Award by Deirdre Norman 43 In Memoriam 18 In Her Own Words: Making Pro Bono Work by Teirra Everette and Deirdre Norman Departments 21 Pro Bono Heroes 6 Cartoon 22 Help Bring Justice for All to Rural Virginia by Deirdre Norman 40 Wellness 48 Book Review 24 The State of Pro Bono 2020 58 Professional Notices by David B. Neumeyer, Nicole Harrell, and David Greenspan 60 Classified Ads 25 Pro Bono Contributions by Virginia Lawyers in 2019 61 Advertiser’s Index 26 Pro Bono Pros: Three Pro Bono Organizations Serving Virginia by Kaylin Bowen Columns 28 A Legal Aid IDEA to Improve Racial Justice by Karl A. Doss 8 President’s Message 10 Executive Director’s Message VIRGINIA LAWYER REGISTER 12 Bar Counsel’s Message 44 Law Libraries 54 Disciplinary Summaries 45 Technology and the Future Practice 55 Disciplinary Proceedings of Law 56 Notices: A Roundup of News from vsb.org 47 Risk Management 62 The Last Word Teirra M. Everette, senior legal counsel for Dominion Energy, and her son, Everette, photographed at the Arboretum office park in Richmond. Photo by Deirdre Norman. 3 Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2020–21 OFFICERS 15th Circuit Brian L. Buniva, President Allen F. Bareford, Fredericksburg Jay B. Myerson, President-elect Marni E. Byrum, Immediate Past President 16th Circuit www.vsb.org Karen A. Gould, Executive Director and R. Lee Livingston, Charlottesville Chief Operating Officer Palma E. Pustilnik, Charlottesville Editor: EXECUTIVE COMMITTEE 17th Circuit Deirdre Norman Brian L. Buniva, President Adam D. Elfenbein, Arlington ([email protected]) Jay B. Myerson, President-elect Jennifer S. Golden, Arlington Marni E. Byrum, Immediate Past President Gregory T. Hunter, Arlington Creative Director: Eugene M. Elliott, Roanoke Joshua D. Katcher, Arlington Caryn B. Persinger Stephanie E. Grana, Richmond William H. Miller, Arlington ([email protected]) Chidi I. James, Fairfax 18th Circuit Eva N. Juncker, Falls Church Barbara S. Anderson, Alexandria Assistant Editor: William M. Moffet, Abingdon Stacey Rose Harris, Alexandria Kaylin Bowen Eric M. Page, Richmond John K. Zwerling, Alexandria ([email protected]) CONFERENCE CHAIRS AND PRESIDENT 19th Circuit Conference of Local and Specialty Bar Advertising: LLM Publications Susan M. Butler, Fairfax Associations – Susan N. G. Rager, Coles Point Brian C. Drummond, Fairfax Grandt Mansfield Diversity – Sheila M. Costin, Alexandria ([email protected]) David J. Gogal, Fairfax Senior Lawyers – Margaret A. Nelson, Sandra L. Havrilak, Fairfax Lynchburg Chidi I. James, Fairfax Young Lawyers – Melissa Y. York, Richmond Douglas R. Kay, Tysons Corner VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) COUNCIL Daniel B. Krisky, Fairfax is published six times a year by the Virginia State Bar, Christie A. Leary, Fairfax 1st Circuit David L. Marks, Fairfax 1111 East Main Street, Suite 700, Richmond, Virginia Damian J. (D.J.) Hansen, Chesapeake Nathan J. Olson, Fairfax 23219-0026; Telephone: (804) 775-0500. Subscription 2nd Circuit Luis A. Perez, Falls Church Rates: $18.00 per year for non-members. This material Ryan G. Ferguson, Virginia Beach Susan M. Pesner, Tysons Corner is presented with the understanding that the publisher Jeffrey B. Sodoma, Virginia Beach Wayne G. Travell, Tysons Michael M. York, Reston and the authors do not render any legal, accounting, Bretta Z. Lewis, Virginia Beach or other professional service. It is intended for use by 3rd Circuit 20th Circuit Meredith B. Travers, Portsmouth R. Penn Bain, Leesburg attorneys licensed to practice law in Virginia. Because of Susan F. Pierce, Warrenton the rapidly changing nature of the law, information 4th Circuit 21st Circuit contained in this publication may become outdated. As Ann B. Brogan, Norfolk Gary A. Bryant, Norfolk G. Andy Hall, Martinsville a result, an attorney using this material must always Neil S. Lowenstein, Norfolk research original sources of authority and update 22nd Circuit 5th Circuit Eric H. Ferguson, Rocky Mount information to ensure accuracy when dealing with Thomas G. Shaia, Suffolk a specific client’s legal matters. In no event will the 23rd Circuit 6th Circuit Eugene M. Elliott Jr., Roanoke authors, the reviewers, or the publisher be liable for J. Daniel Vinson, Emporia K. Brett Marston, Roanoke any direct, indirect, or consequential damages resulting 7th Circuit 24th Circuit from the use of this material. The views expressed herein Benjamin M. Mason, Newport News Eugene N. Butler, Lynchburg are not necessarily those of the Virginia State Bar. The 8th Circuit 25th Circuit inclusion of an advertisement herein does not include Marqueta N. Tyson, Hampton William T. Wilson, Covington an endorsement by the Virginia State Bar of the goods 9th Circuit or services of the advertiser, unless explicitly stated 26th Circuit Susan B. Tarley, Williamsburg Nancy M. Reed, Luray otherwise. Periodical postage paid at Richmond, 10th Circuit Virginia, and other offices. 27th Circuit E. M. Wright Jr., Buckingham R. 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Grana, Richmond www.vsb.org/site/about/bar-staff. Marissa D. Mitchell, Henrico 4 VIRGINIA LAWYER | OCTOBER 2020 | VOL. 69 www.vsb.org October 2020 Corrections: Letters In our August issue, we misspelled the names of two Bar employees — one current and one former. They are Cameron Rountree, our current Send your letter to the editor to: deputy executive director, and Tom Edmonds, our former executive [email protected] or director and current member of the Clients’ Protection Fund Board. Virginia State Bar Virginia Lawyer Magazine Matthew John Schewe Jr. of Oakton passed away in May of 2020. 1111 E Main St., Suite 700 Richmond, VA 23219-0026 Edmonds In The Last Word, we meant to say, “chock full” not “chalk full.” Letters published in Virginia Lawyer may be edited for length and clarity We regret the errors. and are subject to guidelines available at www.vsb.org/site/ publications/valawyer/. Jest Is For All by Arnie Glick 6 VIRGINIA LAWYER | OCTOBER 2020 | VOL. 69 www.vsb.org President’s Message by Brian L. Buniva “. with liberty and justice for all.” IN 1886, MY GRANDMOTHER, that “the Feds” were in town, and they Some remarkable strong-willed people Lillian Maher, the eldest of 12, was intended to raid her tavern that night. like my grandmother fair reasonably born to my Irish immigrant great- She politely thanked the caller for the well, but they are few and far between. grandparents in a fourth floor walkup tip and proceeded to remove most of There remains a Justice Gap, with no tenement in Brooklyn, New York. She the inventory from the premises. Being legal representation for hundreds of attended school through the third a kindhearted woman, she decided to thousands of our low- and moderate- grade, learning how to “…read, sign “leave a few bottles behind so that the income fellow Virginians that legal aid me name, and count me money.” At boys wouldn’t be too disappointed.” simply lacks the resources to assist. the age of 11, she went to work as The raid occurred, the meager The unrepresented are deprived a seamstress in a sweatshop in the haul was seized, and a summons was of the promise of “justice for all” garment district. At age 16, Lilly was issued compelling my grandmother to emblazoned in our Pledge of described in a local newspaper as appear in court. There was no money Allegiance recited by school children “Pretty Lilly Maher the leader of the for legal representation, so Lilly did daily.
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