Dear Fellow Virginia State Bar Member: in This Survey Issue of The

Dear Fellow Virginia State Bar Member:

In this survey issue of the Virginia Lawyer are descriptions of all the programs and activities of our Virginia State Bar, some of which you may already be familiar with. (Section begins on page 13.) Others may be new to you. We have also provided a breakdown of how your dues dollar is spent, a feature which we intend to repeat regularly.

We are now preparing the bar’s budget for the coming year. The surplus which funded the dues discount we have enjoyed for the past four years is exhausted, and the members of Bar Council must decide the appropriate level of dues for the next several years. In making that determination, we are looking at all activities of the bar, assessing the costs and benefits of each, and considering whether our resources are being properly allocated among them.

Although each of the bar’s programs has previously been approved by our elected circuit representatives on Bar Council, the Budget and Finance Committee felt that each member of the bar should be offered the opportunity to comment on which programs are most important and which have been most beneficial to you and other members of the bar. We also want to know if there are areas in which you believe the bar can be more responsive and helpful to you, either by expanding services under existing programs or offering new ones (recognizing, of course, that expansion or new programs usually cost money). And if you believe that some programs provide little or no benefit to you, to the public, or to other Virginia lawyers, let us know about those, too.

To get your input, we have included a survey form on the preceding page for you to complete and return. Before completing the survey, please read the program descriptions in this magazine and, if you wish, get the thoughts of other lawyers in your community. We’ve tried to make the survey form short, but don’t feel restricted by it. If you want to attach more detailed comments, feel free to do so. We want to know what you think.

Our primary responsibility involves regulating the profession. Enforcing the disciplinary rules and MCLE requirements may not be particularly popular jobs, but they are essential to maintain the confidence of the public in our profession. Our other main responsibilities include improving legal services to the public and improving the legal profession itself (including the judiciary). Let us know what we’re doing well and what needs improvement, and tell us your suggestions about changes which should be made.

Thanks for your time. Your comments will be helpful as the Bar Council decides how and to what extent the State Bar can best serve its members and the public as we approach the new century.

Sincerely,

William D. Cremins Chair Budget and Finance Committee Your Virginia State Bar

by W. Scott Street III 1999–2000 VSB President

What exactly does the Virginia State Bar do? How are my dues Three years ago we decided to spend down our reserve of dollars spent? How do my Virginia bar dues compare to the dues unspent past dues by reducing our current annual dues and paid by lawyers in other states? These questions and ones like using the reserve to supply the difference between current dues them are frequently asked, particularly at this time of year when income and the operating budget. Since then Bill Cremins and we have just written our dues checks. The following pages con- the other volunteers serving on the Budget and Finance tain answers. Committee assure us that they have scrutinized every budget expenditure to be certain that each is necessary and that there is As you will see from the information that follows, expenses of no “fluff.” Our staff have also suggested and implemented a operating our disciplinary system account for almost sixty per- number of cost-saving ideas. These efforts by volunteers and cent of the State Bar’s budget. The balance funds our bar’s other staff have kept our current dues low. Because our accumulated programs and activities through which we perform our responsi- dues reserve will be essentially exhausted by June 2000, the rep- bilities of assisting the professional development of lawyers, resentatives on Bar Council must now decide the proper level improving the delivery of legal services to the public, and for current dues thereafter. Before doing so, Council wants your improving our profession and the administration of justice. The opinion on which of the bar’s programs and activities you amount of dues necessary to fund each activity has been set out believe are most valuable, which need improvement or perhaps separately. When a staff member works in more than one area, total reassessment, and whether there are other things you think his or her expenses have been allocated among those areas in the bar should be doing but is not (keeping in mind, of course, proportion to the amount of time spent on each. Administrative our mission and our role as a state agency). expenses and overhead also have been prorated. At the front of this issue there is a survey form and a letter from The programs are described by volunteers who are active partici- Budget and Finance Committee chair Bill Cremins, asking for pants in those programs. One thing immediately evident is the your input to Council. After you have reviewed the program fact that, while we have excellent and essential support staff, the descriptions in the following section, please complete the survey bar relies on the time and efforts of volunteers—lawyers like and return it to the Bar office. There’s also a copy of the survey us—to develop policy, to guide the direction of the bar, and to on the Virginia State Bar web site (www.vsb.org) which you can carry out its programs. Our disciplinary system, even with its print and mail to me at the bar offices. staff investigators and attorneys, is directed and governed by the volunteer members of the Committee on Lawyer Discipline Thanks for your time, your evaluations, and your suggestions. (COLD), and its work is carried out by the hundreds of volunteers serving throughout the state on district committees and the Disciplinary Board.

Virginia Lawyer 2 FY 2000 Revenue Breakout

Mandatory Dues $4,365,270 1 Mandatory Dues Registration fees 570,140 2 Voluntary professional dues or registration fees including Section membership dues, User fees & sales 360,630 Professional Corporation registration and renewal fees, CRESPA registration fees, Meeting & Course registrations 296,515 Lawyer Referral member dues, and Mandatory Continuing Legal Education Accredited Fines & Penalties 231,000 and Individual Sponsor fees. Total Revenue $5,823,555 3 User fees and sales including advertising and subscription revenues from the Virginia Lawyer/Register magazines, Lawyer Referral consultation fees, and mailing label and 5 4 pamphlet sales. 3 4 Meeting and course registrations including the Mandatory Professionalism Course, Annual and Midyear Meetings, Bar Leadership Institute, Pro Bono Conference, Young Lawyers Conference and miscellaneous Section seminars. 2 5 Fines and Penalties including Past and Penalty dues, Professional Regulation cost tax- ing and Mandatory Continuing Legal Education late filing and reinstatement fees.

Dues Dollars Needed to Fund Current Programs

15 18 1 Professional Regulation $2,815,685 14 16 2 Membership 249,775 12 17 3 Mandatory Continuing Legal Education 195,560 13 4 Professionalism Course (includes Standing Committee) 36,955 11 5 Publications (includes Publications Committee) 538,700 9 6 Council, Officers and Budget & Finance Committee 433,000 8 10 7 7 Attorney General’s Costs 35,000 8 Resolution of Fee Disputes (Fee Disputes Committee) 9,000 9 Clients’ Protection Fund (CPF Board) 32,380 10 Access to Legal Services 143,070 6 11 Local Bar 116,830 12 Lawyer Referral (includes Lawyer Referral Committee) 31,220 13 Young Lawyers 129,205 14 Annual & Midyear Meetings (includes Seminars Committee) 51,125 1 15 Lawyers Helping Lawyers 50,000 16 Insurance Programs (Personal & Malpractice) 15,200 5 17 General Administrative 195,145 18 Special Committees (see below) 13,180

Total $5,091,030 Special Committees include: 4 3 Alternative Dispute Resolution Media, Bench-Bar Relations 2 Bench Bar Relations Cooperation with Affiliated Professions Improving Lawyer Image Judicial Nominations Study Computer Needs

Virginia Lawyer 3 How Does Virginia Compare Nationally? Unified Bars Ranked by Dues/Fees

Name of Bar Membership Budget Dues/Fees 1. Alaska 3,290 $1,745,000 $450 2. Texas 63,633 $30,282,477 $435 3. Hawaii 5,892 $973,000 $430 4. Nevada 5,435 $2,578,421 $375 5. Oregon 13,387 $7,353,000 $3661 6. District of Columbia 68,105 $10,594,520 $362 7. Utah 6,500 $2,918,693 $360 8. Rhode Island 4,796 $1,532,198 $350 9. New Hampshire 4,708 $1,900,000 $330 10. Arizona 14,798 $7,412,536 $320 11. New Mexico 5,290 $1,767,450 $315 12. South Dakota 2,315 $625,000 $315 13. Washington 20,287 $10,800,000 $291 14. North Dakota 1,718 $607,332 $288 15. Idaho 3,684 $1,321,865 $285 16. Wisconsin 19,300 $8,900,000 $279 17. Alabama 11,531 $3,183,699 $2752 18. Louisiana 17,324 $3,025,000 $265 19. Michigan 31,787 $7,526,195 $260 20. Nebraska 8,581 $1,609,537 $250 21. Wyoming 2,350 $568,358 $230 22. North Carolina 16,341 $2,790,090 $2253 23. Georgia 28,157 $4,752,692 $220 24. Mississippi 6,000 $1,954,000 $210 25. South Carolina 9,256 $4,100,300 $210 26. Kentucky 12,300 $2,950,000 $200 27. West Virginia 3,800 $1,290,000 $195 28. Missouri 24,000 $5,000,000 $193 29. Florida 61,674 $22,800,000 $190 30. Oklahoma 13,989 $3,478,950 $175 31. Virginia 29,218 $6,318,605 $169 32. Montana 3,503 $735,190 $155

1 Does not include annual fee of $2,100 for mandatory professional liability insurance which is required to practice in state. 2 Includes $25 for a one-time CSF fee of $100, payable over four years.The total cost is $250 after four years. 3 Does not include district association dues that range from $35-$100 per year.

Virginia Lawyer 4 Your VSB Professional Regulation Department The Professional Regulation Department includes Lawyer Discipline, Legal Ethics, Lawyer Advertising and Solicitation, and the Unauthorized Practice of Law. The Disciplinary Board, District Committees total staffing (33) volunteers (233) and Clerks Office complete the disciplinary system and are included in this section.

0 50 100 150 200 250

Professional Regulation Department Expenses

1 Office of Bar Counsel $2,282,300 2 Clerk of the Disciplinary System 371,320 3 Disciplinary Board & District Committees 52,000 4 Legal Ethics 51,350 5 Unauthorized Practice of Law 39,200 6 Advertising & Solicitation 13,015 7 COLD Committee 6,500

1 Total Professional Regulation Department: $2,815,685

7 6 5 4 3

Virginia Lawyer 5 Your VSB Professional Regulation Department Committee on Lawyer Discipline The Committee on Lawyer Discipline (“COLD”) is This year, COLD has completed an in-depth inves- the standing committee of the Virginia State Bar tigation and report on the general state of the charged with general oversight of the disciplinary District Committee system. COLD recommended system. This includes general review of the work several changes which will result in a more “pro- of the Office of Bar Counsel, the Clerk of the active” system at the local level and with increased Disciplinary System and the 10 District Commit- involvement of District Committee members. tees. COLD is composed of 11 volunteer attorneys, Active involvement of District Committee members one of whom is a member of the Disciplinary at the local level is the heart and soul of a volun- Board, and two lay members. We meet monthly in teer system charged with self-regulation. open meetings with bar counsel and the clerk to review all aspects of the disciplinary system. COLD’s Rules Subcommittee is expert at handling However, for most of the attorneys in Virginia, we revisions and amendments to both the Virginia by Stephen G. Test operate behind the scenes. Supreme Court Rules and the Virginia State Bar Council Rules of Disciplinary Procedures involving Norfolk COLD’s membership is drawn from throughout the all aspects of the disciplinary system. Recent exam- Commonwealth and reflects its wide diversity of ples are the modifications resulting from the 1995 COLD has become legal practice, both public and private, urban and JLARC report and a proposal to add requirements increasingly active in the rural, large firm, small firm and solo practice. for petitioners seeking reinstatement after being sus- last several years, in part Active participation by our lay members has pended or disbarred. because of the increase in become critical, since the general public perceives the number of active that our “closed” disciplinary system favors protec- In addition to their other responsibilities, each licensed attorneys, but tion of our own. COLD member is assigned to a District Committee also due to the huge rise to act as liaison with its assigned assistant bar in the number of ethics On a monthly basis, we randomly select closed counsel. Each COLD member meets quarterly with complaints. files from the Office of Bar Counsel and review the chair of the District Committee and the assis- them to determine compliance with intake and tant bar counsel to review the entire docket. This investigative procedures, assessment of disciplinary meeting targets problem or difficult cases and charges and conduct of disciplinary hearings. seeks to insure that cases are handled efficiently and timely. Each COLD member then reports the Recognizing the recent growth in the number of results of these meetings to the entire committee. complaints the Office of Bar Counsel has been asked to handle, at the same time that its COLD also assists the Office of Bar Counsel in resources and funding have been limited, COLD organizing and producing the annual Disciplinary adopted “aspirational timelines” in 1994, then Conference. COLD acts as the general clearing revised them in 1997. These timelines assist the house and central command for special reports Office of Bar Counsel to efficiently manage its and requests, whether from Virginia Bar Council, caseload and promote timely resolution of com- Office of Bar Counsel or the Virginia Supreme plaints. In 1996, COLD proposed that District Court. COLD also has jurisdiction to investigate Committee members take on investigative respon- and hear preliminary charges of misconduct filed sibility for less serious cases to ease the workload against members of the Office of Bar Counsel. of the Office of Bar Counsel. Each of these initiatives has had a positive impact.

Virginia Lawyer 6 Your VSB Professional Regulation Department Office of Bar Counsel The Office of Bar Counsel provides preventative complaints and monitor lawyer advertising. The services aimed at keeping lawyers out of the disci- staff researches professional responsibility issues plinary process; investigates and prosecutes cases for the Standing Committees on Legal Ethics and of attorney misconduct; and assists three standing Unauthorized Practice of Law, Bar Counsel and for committees in addressing unauthorized practice of other bar programs and publications. Despite the law, ethics and lawyer advertising issues. The four growing demand for legal ethics services, the staff main components of the Office of Bar Counsel— has increased only by one part-time position in the Intake, Ethics, Investigations and Trials—have last ten years. experienced significant workload increases in the last decade. This trend is attributable to growth in There are currently nine investigators on the bar bar membership, as well as rule changes, litigious- staff. Each investigator handles an average of ness and increased interest in the attorney disci- seven discipline or unauthorized practice of law by Barbara Ann pline process. investigations a month. Nonetheless, there is a Williams substantial investigative backlog attributable to the Bar Counsel Since 1989, the number of complaints received by increasing number and complexity of bar com- the bar has risen an average of 7% each year, plaints. If they were assigned no new investiga- The time has come when growing from 1,670 in 1989 to 2,989 in 1998. In tions, it would take the current investigative staff at additional resources the same period, the number of formal disciplinary least three months to work through the current must be mustered to cases has increased by only 3%. The difference is investigative inventory. insure fair and efficient due to the work of Intake, which consists of two handling of disciplinary lawyers and one assistant. The lawyers carefully The investigative backlog is matched by the eight matters . . . review each complaint the bar receives. About half trial attorneys’ heavy caseloads, which are more of the complaints are dismissed for lack of jurisdic- than double the maximum caseload recommended tion. An additional 17% of the complaints received by the National Organization of Bar Counsel. The in 1998 were resolved outside the disciplinary American Bar Association Commission on process through pro-active and diversion programs Evaluation of Disciplinary Enforcement, often overseen by Intake. These labor intensive dispute called the McKay Commission, indicated that resolution efforts frequently require multiple con- workloads in excess of 100 cases can adversely tacts with complainants and attorneys. Attorneys affect both the speed and thoroughness of the benefit from these efforts when complaints do not investigation and prosecution of bar complaints. become formal discipline cases; complainants benefit when their complaints are resolved quickly. The growing demands of attorney self-regulation can no longer be satisfied by demanding increased The three person Ethics staff responds daily to productivity from existing staff. The time has come scores of telephone calls from attorneys and others when additional resources must be mustered to seeking ethics advice. The volume of telephone insure fair and efficient handling of disciplinary calls has grown from 2,000 in 1989 to 3,413 in matters and to preserve public confidence in attor- 1998. The Ethics staff also works with three stand- neys’ ability to regulate themselves. ing committees to draft legal ethics opinions, oversee investigation of unauthorized practice of law

Virginia Lawyer 7 Your VSB Professional Regulation Department Disciplinary Board The Rules of the Virginia Supreme Court provide disbarred lawyers. The board sits in panels of five that the Disciplinary Board shall have jurisdiction and conducts hearings each month in a courtroom to consider specified matters and shall be com- setting. The board issues written opinions after posed of 20 members, 16 of whom shall be mem- making its determinations. Those opinions are bers of the bar and four of whom shall be lay published in the Virginia Lawyer Register, on the persons. The Chief Justice appoints the members, Virginia State Bar Web site, and by issuance of after consultation with the Council. Va.S.Ct.R., Part press releases. In addition to conducting hearings 6, Section IV, Paragraph 13(C). and carrying out its other adjudicative responsibilities, the board meets once or twice per year to The Disciplinary Board hears the most serious discuss ways to improve the disciplinary system, cases of lawyer misconduct likely to result in sus- and the board provides input to the Standing pension or disbarment, handles disability proceed- Committee on Lawyer Discipline. The Office of the Virginia Powell ings and makes recommendations to the Virginia Clerk of the Disciplinary System provides adminis- Supreme Court on petitions for reinstatement by trative support to the Disciplinary Board. Richmond My service on the Disciplinary Board has been the most challenging and rewarding work Clerk of the Disciplinary System I have done for the bar. I enjoyed working with the The Clerk of the Disciplinary System provides Board cases, issues summonses, and handles filings. dedicated and hardwork- administrative support to the system and serves as In addition, the clerk disseminates disciplinary ing members of the custodian of disciplinary records. Va.S.Ct.R., Part 6, information to the press and public. Each year, the board and the bar staff. § IV, ¶ 13(A). The clerk’s office maintains a docket, staff of six responds to more than 1,000 requests statistical records, and monitors each disciplinary for disciplinary record checks from the press, pub- complaint. The office schedules all Disciplinary lic, General Assembly, and other state bars.

District Committees The District Committees are the backbone of the Although the Virginia State Bar has an excellent attorney disciplinary process. full time staff, they do not serve on district committees. The committees, therefore, consist of vol- The 10 District Committees work throughout the unteers from the legal and non-legal community year, sometimes investigating complaints, review- throughout the Commonwealth. We currently have ing several thousand complaints annually, deciding 119 attorneys and 32 lay district committee mem- whether complaints warrant further investigation bers. The attorneys are from large firms, mid-size or immediate dismissal, conducting formal hear- firms, as well as solo practitioners. The lay mem- ings to determine further appropriate disciplinary bers are from various public and private organiza- action, if any, and determining and negotiating tions and industries of all sizes. All district commit- possible resolutions to formal complaints without a tee members, legal and non-legal, serve with dedi- hearing. In a capsule, the district committees’ pri- cation and commitment. mary functions are: (1) overseeing the investigating; by Janipher W. and (2) overseeing the resolution of a complaint. Robinson Richmond

All district committee members . . . serve with dedication and commitment.

Virginia Lawyer 8 Your VSB Professional Regulation Department Legal Ethics The Bylaws of the Virginia State Bar (VSB) and Requests for advisory opinions reflect the great Council, Sec. 1, Article VIII, require that a standing diversity of the composition of the VSB. Some committee on legal ethics be appointed by the requests involve controversial issues with broad president of the VSB. The committee consists of application, such as the right of insurance carriers nine active members who are appointed to three- to require that defense attorneys turn over attor- year terms. ney/client records to independent auditors, while other requests may be very narrow in scope based The Legal Ethics Committee meets every other on ethics problems which are unique to the cir- month to review and consider formal requests for cumstances in a small community. advisory opinions submitted by VSB members. Requests for advisory opinions are screened by The Legal Ethics Committee is also actively Ethics Counsel for either referral to the Legal involved in providing guidance to the Model Rules by Benjamin R. Ethics Committee for a LEO, or for a “Legal Ethics Committee, and the committee is currently assist- Gardner Inquiry” response letter which is issued by Ethics ing the VSB in the transition to the new Virginia Martinsville Counsel when the request can be resolved by ref- Rules of Professional Conduct, which go into effect erence to an existing LEO. The Ethics Counsel and on January 1, 2000. Service on the Legal Ethics staff conduct research and prepare draft LEOs for Committee is very the committee to review and consider at the rewarding as the issues scheduled meetings. are always challenging and interesting, and the deliberations, while lively and sometimes heated, are always professional and collegial.

Unauthorized Practice Of Law (UPL) The UPL Committee meets approximately six times performed by a nonlawyer is the unauthorized a year to serve its two primary functions: (1) review practice of law. In fiscal year 1998, the committee and act on investigations of complaints alleging revised and issued one opinion, UPL Opinion 191, UPL; and (2) issue written advisory opinions about concerning the scope of permissible activity of a activities that may involve UPL. During fiscal year paralegal in a law firm. All opinions that declare 1998, the Ethics Counsel and his staff opened 83 that a particular activity is UPL must be published UPL investigations. Ethics Counsel and his staff, and noticed for public comment and approved by however, do not conduct the investigations—they Council of the Virginia State Bar. In addition, the are done by the same professional investigators Virginia State Bar must petition the Supreme Court who investigate disciplinary complaints against of Virginia to review the opinion, which the Court lawyers. The UPL Committee determines the dis- can approve, disapprove or modify. All UPL opin- position of these complaints based on the reports ions are published and included with the Ethics by James A. Roy of investigations and recommendations of Ethics Opinions in an added volume of the Code of Chesapeake Counsel. In fiscal year 1998, the UPL Committee Virginia. referred 16 cases to the Office of the Attorney The UPL Committee deter- General for prosecution. Another UPL case was In the prosecution of UPL complaints the commit- mines the disposition of referred to a commonwealth attorney. Most com- tee attempts to secure the cooperation of com- complaints based on the plaints are resolved with a warning or a consent monwealth’s attorneys in the various jurisdictions, reports of investigations agreement. refers matters to the Office of the Attorney General and recommendations requesting prosecution and, on rare occasions, of Ethics Counsel. The UPL Committee is also charged with the task obtains a warrant using a VSB investigator to pros- of issuing written opinions on whether an activity ecute.

Virginia Lawyer 9 Your VSB Professional Regulation Department Lawyer Advertising and Solicitation (SCOLA) The SCOLA monitors lawyer advertising and solici- Members of the bar can get questions answered tation in Virginia and issues informal advisory without requesting a written advisory opinion from opinions. The Ethics Counsel and members of the the SCOLA by calling the Legal Ethics telephone committee monitor yellow page advertising as well line. Both the staff liaison and the committee will as broadcast advertising throughout the pre-screen advertising, on request by a bar mem- Commonwealth. With ever-increasing numbers of ber, so that the lawyer can have an informal assur- lawyers and law firms advertising over the ance by the VSB that his or her advertising com- Internet, the committee is studying how to regulate plies with the applicable rules, or can obtain guid- this new area. ance on what is required to bring the ad into compliance. To assist the committee in its monitoring The 12 members of SCOLA consist of ten lawyers function, lawyers are required to maintain record- and two nonlawyers who are appointed by the ings of any broadcast advertising for one year by Mary Lynn Tate president of the bar to serve an initial three-year from the last broadcast date and must produce a term. The committee meets every other month in copy of such advertising upon request by the Abingdon Richmond. The SCOLA workload has been steadily SCOLA. DR2-101(B). increasing. During the fiscal year 1998, SCOLA I’m a new member of a reviewed 51 videotapes, 12 audio tapes and five All the committee’s advisory opinions can be very hard working team Internet sites. As a result of this monitoring, found on the Internet at the VSB’s Homepage: led by Tom Albro. approximately 20 non-compliance letters were http://www.vsb.org/committees/standing/advertis- Balancing the public’s written asking the lawyer at issue to rectify the ing/list.html. right to know and ques- problem(s) that the committee identified concern- tions of professional ing his or her advertisement. The committee has propriety with the require- also assisted the Model Rules Committee in draft- ments of the First ing new rules concerning lawyer advertising. Amendment is tough but necessary work.

Virginia Lawyer 10 Your VSB Membership Department

The Membership Department is the custodian of of good standing, 1,200 verifications of membership, the bar’s official records, including the licensure of 600 third-year practice certificates, and complete Virginia attorneys and the registration of professional 11,000 address changes. In addition, each day they entities. Each year, the five person staff collects respond to hundreds of telephone calls from mem- almost $5,000,000 in dues and fees and registers bers and the public regarding attorney status, more than 29,000 attorneys, and 1,100 professional address, and disciplinary history. entities. They also issue more than 1,000 certificates

Membership $249,775

CRESPA Consumer Real Estate Settlement Protection Act In 1997, the General Assembly passed the cooperation with the State Corporation Consumer Real Estate Settlement Protection Act Commission and the Real Estate Board—promul- requiring any attorney, title insurance agent or gates and interprets regulations and guidelines company, real estate broker, or financial institution mandated by the legislation. The UPL Committee that provides real estate escrow, closing, or settle- and the ethics counsel address issues of the unau- ment services to register with the Virginia State thorized practice of law, and the professional regu- Bar. One person in the Membership Department is lation department prosecutes complaints against now devoted to the registration of the more than attorney settlement agents. 3,300 settlement agents. In addition, the bar—in

Virginia Lawyer 11 Your VSB MCLE Board

The Mandatory Continuing Legal Education Board 150 to 400 courses every month. In evaluating was established by the Virginia Supreme Court in whether a course should be approved for MCLE 1985 in conjunction with the mandatory continuing credit, the board evaluates whether the course legal education requirement, which went into covers (1) a recognized legal topic, (2) a subject effect in July, 1986. The board is appointed by the matter which relates to the practice of law; and/or Supreme Court of Virginia to oversee compliance (3) professionalism or a lawyer’s ethical obliga- by the bar with the requirement that every active tions. The board critiques the written materials to member obtain 12 hours of approved legal educa- be provided to the attendees to determine whether tion annually, of which 2 hours must be in legal they meet the standard of “quality written materi- ethics or professionalism. See Va.S.Ct.R., Part 6, als.” The board also oversees the reporting by VSB Section IV, Paragraph 17. members of their completion of the MCLE requirements imposed by the Supreme Court of Virginia. One of the board’s principal responsibilities is to It considers applications for “good cause” for by Karen A. Gould review applications to determine whether a course exemption from the MCLE requirements. Richmond should be given MCLE credit. The board meets every other month, but reviews applications on The MCLE Department is staffed by a director, a The MCLE Board often senior staff assistant and two staff assistants. They engages in lively discus- process approximately 12,000 MCLE course appli- sions on policy issues. MCLE cations and over 80,000 certifications of attendance Meetings are work inten- $195,560 and teaching forms during each annual reporting sive, but manageable cycle. The MCLE Department maintains the MCLE records for all attorneys licensed in Virginia and due to the excellent day- mails an interim report in the spring and a final to-day operation of the report in July to all members. MCLE Department by the bar staff. The department and board are funded in part by revenue received from accredited sponsor and course approval fees, as well as late filing and reinstatement fees paid by bar members. Mandatory Professionalism Course

The Mandatory Professionalism Course evolved The course has been well received in Virginia and from the VSB Long Range Plan during the 1985- has been duplicated in several other states includ- 1987 bar years in response to a feeling that there ing Maryland, Georgia and Arizona. The course is was decreased professionalism. It is now a manda- now a one-day CLE program whose centerpiece is tory course required of all newly active attorneys the Virginia Code of Professional Responsibility. in Virginia by Rule of the Supreme Court (¶ 13.1, There are also discussions regarding the broader ¶ 19, §IV, Part Six). The idea is to encourage attor- ethical obligations of attorneys. Through a combi- neys to uphold and elevate the standards of honor, nation of lectures and small group workshops, the integrity and courtesy in the legal profession. Since more experienced lawyers interact with lawyers 1988, over 275 new members of the bar have newly licensed in Virginia affording a unique served on the course’s prestigious faculty and over opportunity to discuss basic ethical conduct, as 12,000 new Virginia attorneys have attended the well as some of the ethical dilemmas facing course. lawyers today. by William T. Wilson Covington Professionalism The oversight committee for the Mandatory Course Professionalism Course is the Standing Committee It is a great honor for an on Professionalism comprised of 15 members. This $36,955 attorney to receive a committee is responsible for faculty selection and letter from Chief Justice training, course structure and the content of the Harry L. Carrico of the course book. The course is designed to be self- Virginia Supreme Court supporting. It is funded from a registration fee of $110. requesting that he or she serve on the faculty.

Virginia Lawyer 12 Your VSB Publications and Public Information

The Virginia State Bar Committee on Publications the Senior Citizen’s Handbook. The committee and Public Information has dual responsibilities. manages and promotes a state-wide speakers First, it oversees the production of publications for bureau and a “Law in Society” essay contest for bar members. Most of us are familiar with the high school students. It recently began developing Virginia Lawyer and the Virginia Lawyer Register, video production guidelines for state bar sections which are distributed to lawyers, judges, law and committees. libraries, other state bar associations, the media and general subscribers. The Virginia Lawyer, Most recently, the committee has instituted a pub- published five times a year, contains substantive lic education campaign to promote the positive articles on law and a number of regular features, things done by lawyers for the public and individ- including a report from the president, classified ual clients. (See ad inside back cover.) The cam- ads and professional notices. Many of the articles paign was developed at no cost to the VSB by the by Bernard J. DiMuro in the Virginia Lawyer come from the state bar’s Virginia Commonwealth University Adcenter and Alexandria sections that provide articles on a dedicated issue. has received widespread acclaim from other state The Virginia Lawyer alternates its publication with bars and the advertising community. The ads are Most recently, the commit- the Virginia Lawyer Register. It contains matters of available to local bar associations for their use and tee has instituted a public regulatory interest, including disciplinary actions, placement in local media. education campaign to rule changes and state bar counsel actions. The promote the positive things committee in recent years has advocated that let- Another new initiative is the management of the done by lawyers for the ters to the editor be included in the Virginia VSB Web site. We have added such features as public and individual Lawyer. current disciplinary actions and real-time access to clients. MCLE and membership data. This again was Second, the committee provides information to the accomplished at no cost to the bar with the assis- public. Perhaps, most importantly for the image of tance of the Virginia Information Providers lawyers, the committee oversees the production of Network. more than 20 brochures on law related issues, for use by attorneys and the general public. These The Publications and Public Information Office is brochures cover such topics as domestic relations, staffed by a director, a publications and public how attorneys charge, intellectual property, advice information assistant, and two graphic designers. It on home purchases and the Virginia Lawyer is the communications center of the VSB and pro- Referral Service. The department helps distribute vides support to every other department.

Publications and Public Information $538,700

Virginia Lawyer 13 Your VSB Executive Committee and Council Under the rules of the Virginia Supreme Court, a pronouncements, resolutions and amendments to council is created to serve as the principal policy- the bar’s regulatory provisions and procedures are making body for the bar. The officers of the bar presented to council for debate and adoption, consist of the president, president-elect and execu- modification or rejection. Council also approves tive director. The bar’s by-laws also provide for an the bar’s budget each year and elects or recom- Executive Committee consisting of six members of mends to the Court persons to fill vacancies on the Council elected by the Council, as well as the pres- bar’s disciplinary bodies and other entities. ident, president-elect, immediate past president, and the president of the Young Lawyers Conference. The The Executive Committee plays a significant role by-laws also establish several standing committees in reviewing and making recommendations on the to provide oversight for the bar’s regulatory func- various proposals that are ultimately slated for tions. These are described elsewhere in this special Council consideration, and it has major responsibil- issue of the Virginia Lawyer. In addition, there is a ity for monitoring the bar’s finances and approving Standing Committee on Budget and Finance which special expenditures from its reserves. The com- bears the principal responsibility of working with mittee also reviews the performance of the bar’s the bar staff to develop and recommend the bar’s senior staff and sets their compensation. operating budget each year to Council. The officers of the bar are charged with managing The Council normally meets three times during the bar’s operation and representing the bar at a each bar year, once in the fall in western or north- wide range of times and places. For example, they ern Virginia, once in the winter in Richmond, and attend a number of meetings each year of other in June during the Virginia State Bar’s annual meet- local, state and national bar organizations; they ing in Virginia Beach. The Executive Committee represent the bar at various public occasions and meets just prior to the beginning of each of these events, such as judicial investiture ceremonies, sec- council meetings, and it also typically meets two tion and committee programs, and award presenta- or three other times during the year between tions; and they represent the interests of the bar at meetings of Council. All major proposed policy the Virginia General Assembly. Budget and Finance

The Budget and Finance Committee was provi- has chaired the committee. The committee is sionally appointed in 1996–97. On June 18, 1997, responsible for reviewing and making recommen- the State Bar Council unanimously approved an dations with respect to the bar’s appropriation amendment to its by-laws and made the Budget requests prior to their submission to the Common- and Finance Committee one of the standing com- wealth of Virginia. The committee is also responsi- mittees of the state bar. ble for assessing and making recommendations to the Executive Committee and Bar Council regarding Today, the Budget and Finance Committee consists other budget matters, including personnel issues. of nine active members. Its members are appoint- With a projected revenue budget of approximately ed by the state bar president and the president $5.8 million dollars for 1999/2000, the committee serves as an ex-officio member. Since its creation, in conjunction with an outstanding bar staff, con- attorney William D. Cremins of Fairfax, Virginia tinues to work very diligently to keep our promise by Theophlise Twitty to our members to hold our membership dues to one of the lowest rates of any organized bar in the Portsmouth Council, Officers and country. The committee has also assisted the staff Budget & Finance in recommending and implementing the modern- I have found the work to Committee ization of our computer needs to better serve our be very challenging and $433,000 members and the general public. rewarding. As members of the committee, we have gained a very detailed understanding of the operations of the State Bar.

Virginia Lawyer 14 Your VSB Resolution of Fee Disputes

The Special Committee on the Resolution of Fee president. Each CCRFD panel member attends a Disputes oversees the bar’s Fee Dispute Resolution training session sponsored by the Special Com- Program (FDRP). The FDRP was launched in 1995, mittee. CCRFDs exist in the 10th, 11th, 13th, 16th, and provides the bar and the public with an infor- 18th, 19th, 20th, 23rd, 24th, 27th, 28th and 31st mal, private, quick and inexpensive alternative to Circuits. The Tidewater area, while not having the litigation or the disciplinary system for resolving official CCRFD, is served by the Norfolk and fee disputes through voluntary binding arbitration. Portsmouth Bar Association and the Virginia Beach Bar Association, and referrals go from the VSB to There are 12 Circuit Committees on the Resolution the Norfolk and Portsmouth Bar Association Fee of Fee Disputes (CCRFD) around the Common- Dispute Resolution Committee. The Special Com- wealth. Each CCRFD is comprised of a panel of mittee continues to emphasize the creation of new lawyers and nonlawyers nominated by their local CCRFDs in new circuits that express an interest. by Beverly J. Bach bar association and appointed by the state bar Fairfax Last year the VSB received 297 inquiries from attorneys and clients seeking help resolving a fee The program annually Fee Disputes dispute. 130 referrals were made by the VSB to helps resolve numerous $9,000 CCRFDs. Each CCRFD has a chair charged with fee disputes without even overseeing the local CCRFD, and with making ini- convening a formal arbi- tial efforts to conciliate or mediate a fee dispute tration. before the hearing stage. The program annually helps resolve numerous fee disputes without even convening a formal arbitration. Typically, each year the program arbitrates approximately 10 fee disputes, ranging in size from $500 to $385,000. Clients’ Protection Fund Board

The mission of the Clients’ Protection Fund Board the bar’s operating budget to provide a fund from is to provide monetary awards to persons who which claims are paid. have suffered financial losses as a result of dishon- est conduct by Virginia lawyers. The fund is operated by a board, which is elected by the Virginia State Bar Council, consisting of 13 The fund was established with a portion of the lawyers and one lay member. mandatory dues paid by all licensed lawyers practicing in Virginia. By creating the fund, the Virginia The fund covers losses associated with the dishon- State Bar did not create or acknowledge any legal est conduct of a lawyer, which is defined by the responsibility for the acts of individual lawyers in rules to be any wrongful act committed by a the practice of law. The fund is a remedy of last lawyer in the nature of theft or embezzlement of resort for clients who are unable to obtain reim- money or the wrongful taking or conversion of by Edward B. Lowry bursement from other sources, such as a bond, money, property or other things of value. Charlottesville surety agreement, or the lawyer involved. Since 1976, over $3 million has been transferred from The sum reimbursed to a client may be the full By providing funds to amount lost or may be only a portion of the assist clients harmed by amount lost due to limitations set forth in the misconduct on the part of rules. The maximum per claim limit is $25,000, Clients’ Protection a Virginia attorney, the and the maximum amount that can be paid on Fund Board account of the misconduct of a single lawyer is Virginia State Bar is able $32,380 to redress at least some of 10% of the net worth of the fund at the time the the damage done to the first claim is filed. image of the legal profession by such acts of misconduct.

Virginia Lawyer 15 Your VSB Access to Legal Services

While in St. Louis recently, I went to the old court- for outstanding service by an attorney employed house. Standing there, in the courtroom where the by a licensed legal aid society. Dred-Scott case was argued, I was reminded of the importance of access to the legal system for all The committee and the bar’s Pro Bono people. According to estimates, although licensed Department work closely together. The commit- legal aid societies, independent providers of spe- tee’s chair and fourteen other volunteer members cialty legal service, and local pro bono attorneys set goals and then rely on the Pro Bono annually deliver legal services to more than 40,000 Coordinator for support in carrying out the priori- people in Virginia, more than 80% of the need for ties and in responding on a day-to-day basis to civil legal services goes unmet in Virginia. many related challenges. The Pro Bono Department manages the licensing and monitoring The Access to Legal Services Committee was cre- of legal aid societies. It also surveys providers and by C. Butler Barrett ated by the Virginia State Bar during the 1992-93 referral groups, and responds to requests from bar year as a merger of the pro bono and legal aid community groups for information about afford- Emporia committees. Its mission is to improve access to the able legal resources, including 501(c)(3) formation legal system and to promote pro bono services by and ongoing representation. The committee continually Virginia lawyers. The committee continually exam- examines ways in which ines ways in which access to legal services can be The program recruits lawyers to handle civil cases access to legal services can enhanced and opportunities for pro bono service and indigent inmate appeals and publishes print be enhanced and opportu- by Virginia’s attorneys can be encouraged and and on-line listings of training and volunteer nities for pro bono service enlarged. The committee works to insure that there opportunities for lawyers as well as listings of by Virginia’s attorneys can are quality pro bono service opportunities and that referral programs for the public. It works closely be encouraged. all lawyers are encouraged to fulfill their ethical with the VSB Publications Department to broaden and professional responsibilities to insure access to public awareness of the extraordinary contribu- legal representation by all people and by Virginia’s tions made by thousands of lawyers who partici- charitable, religious and civic organizations. pate in the Commonwealth’s pro bono initiative.

In recent years, it has examined ways the Virginia Recently, there has been a substantial increase in State Bar can help stabilize Virginia’s licensed legal callers in crisis situations who contact the pro societies and independent providers of specialty bono office for help in locating free or reduced-fee legal services, in light of funding cutbacks. In civil and appellate legal services. The Pro Bono February, with leadership help from the bar’s pres- Department is also fielding an increasing number ident, the committee saw its draft of a very broad of calls from members of the bar in general for Resolution to Enhance Pro Bono Publico adopted help in locating pro bono assistance for clients by Bar Council. whose needs lie outside their own substantive practice areas. Each spring, the committee sponsors a pro bono conference which offers, at nominal cost, continu- The program is staffed by a full-time coordinator, ing legal education sessions on poverty law, public who is a member of the bar, and a part-time interest law, and related topics. During that confer- administrative assistant. Because the program mon- ence, the Lewis F. Powell, Jr. Pro Bono Award is itors subsidized providers and serves other not-for- presented to a group or individual who has made profit organizations, lawyer and law-related volun- outstanding contributions providing pro bono legal teers, and low-income members of the public, its representation. During the annual meeting of the revenue is minimal. Virginia State Bar, the committee presents its award

Access to Legal Services $143,070

Virginia Lawyer 16 Your VSB Conference of Local Bar Associations

The Conference of Local Bar Associations links the • The Local Bar Connection is published three Virginia State Bar and 143 local, specialty and times per year to keep local and statewide bar other voluntary bar associations across the leaders informed about issues facing the CLBA, Commonwealth. The CLBA also informs Virginia State Bar Council, other local/statewide bars, lawyers via the local bar network, and it initiates and the legal profession in general. and sponsors programs of its own. These programs are designed to foster strong, effective local • The Awards of Merit Competition is held bar leadership and to improve the practice of the annually to provide recognition for outstanding law and the public’s understanding of it. projects and programs of local bar associations, to give all bars the opportunity to learn from the This year’s activities feature a special project—the programs of other bars, and to inform the public So You’re 18 Program. The CLBA received a about some of the excellent work conducted by by Gregory T. St. Ours grant from the Virginia Law Foundation in the local bars. Harrisonburg spring of 1998 for the printing and distribution of the So You’re 18 booklet to high school seniors • The Local Bar Leader of the Year Award rec- These programs are throughout the Commonwealth in time for Law ognizes extraordinary dedication and important designed to foster strong, Day and for graduation 1999. As of June 1, 1999, services to the bench, bar and public by a local effective local bar leader- approximately 68,000 booklets had been distrib- bar leader. ship and to improve the uted to 124 localities by 90 local bars. practice of the law and • The Local Bar Resource and Videotape the public’s understand- Other activities of the CLBA included: Library includes materials on bar programming, ing of it. bar management, bench-bar relations, law- • The Bar Leadership Institute (BLI) is a one- related education, community outreach, and cur- day session of training and networking in March rent bar issues. The videotape library includes of each year to help new local and statewide over 70 videos appropriate for CLE seminars, bar bar officers plan and manage their upcoming programs, community education, or school pre- year of bar leadership. This past March marked sentations—all available for complimentary loan. the 14th annual BLI. Because of increased interest, the BLI is now held in two locations. The • The Director of Local Bar Relations, who also most recent BLIs featured the kick-off of the serves as Director of the Lawyer Referral Service, Virginia State Bar ad campaign to improve the coordinates all CLBA activities and projects. She image of the legal profession. A CLE program also maintains a database of local and statewide was offered for the first time this year for all bar associations and provides administrative sup- attendees. port to the Fee Dispute Resolution Committee.

Local Bar $116,830

Virginia Lawyer 17 Your VSB Lawyer Referral

In 1977, the Virginia State Bar created the Virginia referred to an attorney. The staff have made it eas- Lawyer Referral Service (VLRS) to expand access to ier for our member attorneys to report their activi- Virginia attorneys. The work of LRS reflects the ties by using fax forms that can be quickly com- Bar’s efforts to meet our responsibilities under the pleted. Collection of referral fees has been facili- Virginia Code of Professional Responsibility to pro- tated by accepting credit card payments from the mote affordable access to legal services. Va. S.Ct.R, callers. Part 6, §II, Canon 2. (After adoption of the model rules, those same principles can be found under LRS continues to be a public service arm of the the Preamble and Rules 6.1-6.2.) Virginia State Bar. Potential clients are given an opportunity to receive legal counseling for a mini- Today, the LRS staff handles an average of 14,000 mum referral fee. Callers—who become better calls a month. These calls are from people seeking informed about the legal system—come away by John M. Tran legal advice and referrals to attorneys throughout with a greater appreciation for the affordability the Commonwealth. For many, this is their first and accessibility of the Virginia State Bar. At the Alexandria contact with the legal system. Others reside out- same time, member attorneys are given an oppor- side the Commonwealth and need a Virginia attor- tunity to perform a valuable public service while Callers . . . come away ney to handle their case. Often the callers do not increasing their client pool. In fact, a single client with a greater apprecia- know how to hire a lawyer and are intimidated by who retains a member attorney pays for the mem- tion of the VSB. the process. Others have specialized needs and are bership fee many times over. In our business law looking for attorneys with particular experience; practice, we have occasionally stumbled upon a for example, trust and estate or intellectual prop- new client who may initially approach us through erty matters. The calls are screened by three para- the LRS for a personal matter and later use our ser- legals and, when appropriate, referred to one of vices or refer us to other acquaintances for busi- the 1,100 attorneys who are members of the ser- ness issues. The referral service thus remains a vice. Referrals are also made to state social service venture in which members of the Virginia State agencies and legal service programs. Bar can improve access to legal services and still enjoy the fruits of an increased client pool. It is a This service is funded by an annual $60 member- venture worth considering. ship fee and a $35 charge to each client who is

Lawyer Referral $31,220

Virginia Lawyer 18 Your VSB The Young Lawyers Conference

All active and associate VSB members sands of handbooks and the YLC has translated the handbook into in good standing age 36 and under, Spanish to make this invaluable information available to a larger and those admitted to the VSB for segment of Virginia’s senior citizens. The YLC is also developing a fewer than three years, are automati- Web page in an effort to provide information about its activities cally members of the Young Lawyers and other information of particular interest to young lawyers Conference (“YLC”). No additional through a medium of growing popularity. dues are charged and the YLC’s budget is allocated from the VSB’s general The Committee on Women and Minorities in the Profession by Julie D. McClellan operating budget. addresses issues facing women and minority young lawyers and encourages them to participate in the profession and community. Richmond Representing almost 9,000 members The committee annually oversees several projects, including the YLC is considered a service of the bar, the YLC is considered a nationally-recognized Celebration of Women and Minorities in the arm of the VSB . . . service arm of the VSB and focuses Profession Dinner, the award-winning Pathways to Leadership on the special interests and concerns Handbook (which provides young lawyers with information on of young and new lawyers. Through a diverse group of projects, ways to get involved in bar associations), Board Match (providing the YLC is a vehicle through which young lawyers serve the pro- information on ways young lawyers can get involved in commu- fession and the public and enhance the public awareness of the nity organizations), and the nationally recognized and award-win- legal profession. ning Minority Pre-law Conference (a seminar to encourage minority undergraduates to pursue legal careers). The YLC is governed by an 18-member board and operates through a variety of committees and a statewide network of The YLC also engages in programming benefiting the public. The lawyers representing the 31 Judicial Circuits. The YLC’s committees YLC has developed programs designed to increase the public’s and circuit representatives are responsible for planning and imple- ability to obtain legal services and legal information. This year, the menting the YLC’s various projects at the state and local level. The YLC worked with the Virginia Supreme Court to implement the following is a sampling of the YLC’s projects: Tele-Court telephone information system to provide easier access to information on Virginia’s courts and legal system. The YLC con- The YLC hosts two ceremonies at which all newly licensed attor- ducts No Bills Nights to provide a forum for the public to ask neys are admitted to practice by the Supreme Court. In conjunc- questions and seek information regarding their legal rights. In con- tion with the General Practice Section, the YLC co-sponsors the junction with VBA-YLD, the YLC has developed and implemented First Day In Practice Seminar. This nationally recognized and a statewide Emergency Legal Services Response Plan. award-winning seminar provides practical, how-to information for new lawyers on a variety of substantive legal topics. The YLC’s Pro Bono Committee has sponsored programs for non- profit organizations on the impact of the Year 2000 issue on their The YLC assisted in the adoption of the Model Rules in Virginia. operations and organized and implemented the Virginia Domestic This included reviewing and revising, as necessary, all Legal Ethics Violence Safety Project. This project educates victims of domestic and Bar Council Opinions to correctly reference the Model Rules. violence on ways to protect themselves, both physically and The YLC also assisted the Professionalism Committee in revising legally, and lawyers on providing pro bono services to domestic the Mandatory Professionalism Course to reflect the adoption of violence victims. This project has received tremendous support the Model Rules and to otherwise keep the course current. The from the community, national recognition, and serves as a model YLC also presented CLE programs on ethical issues, provided for similar programs in other states. young lawyers with information regarding professional development, career satisfaction, and the use of technology. The YLC has worked with other organizations and courts to edu- cate children about their rights and responsibilities and trained Docket Call, the YLC’s quarterly newsletter, continues to receive lawyers and laypersons on representing children. The YLC has national recognition and awards. The Virginia Senior Citizens sponsored programs for the recertification of guardians ad litum Handbook, a joint publication with the Senior Lawyers Section, and coordinated Docent Programs, giving tours of courthouses and addresses legal topics and service-related information of particular visiting schools. Across the state we have established and main- interest to senior citizens. YLC volunteers have distributed thou- tained waiting rooms or areas designed specifically for children testifying in court. Young Lawyers $129,205 The YLC has established model programs to enhance the public’s knowledge of the legal system and improve the public’s percep- tion of the profession, our system of justice, and democratic process. The YLC actively promotes the Community Law Week Committee by developing programs and sponsoring activities devoted to enhancing the public’s awareness and appreciation of the role of law in American life.

Virginia Lawyer 19 Your VSB Sections There are 21 specialty practice and substantive law the bar staff. The Criminal Law Section is sections. They are funded entirely from voluntary described below as an example of the work of dues. Fifteen percent of their dues revenue is used one of the bar’s sections. to offset the administrative support provided by

Criminal Law

Early in 1969, approximately ten lawyers met in the over the last 29 years reads like a Who’s Who of old Richmond Hotel with Judge Rush Nicholson American Criminal Law: F. Lee Bailey, Gerry from Kentucky who had been active in the ABA Spence, Bobby Lee Cook, Roy Black, Vince Criminal Justice Section, and who planted the seed Bugliosi, etc., etc. and laid the groundwork for the formation of a Criminal Law Section of the Virginia State Bar. With The first seminar was comparatively small, but had that small beginning, the Criminal Law Section of an enthusiastic audience. The section now has the Virginia State Bar was inaugurated. It has now overflowing crowds for its annual seminars, which grown to be one of the most successful and largest are held in two locations; one in Northern Virginia sections of the bar. The original organizing board and the other in Williamsburg. consisted of The Honorable Fred W. Bateman, Newport News, chairman; Royston Jester, III, a long The section has sponsored projects including the time commonwealth’s attorney from Lynchburg as Bail Study in 1973, which led to the reform of the by Murray J. Janus vice-chair; William J. Hassan, commonwealth’s attor- Virginia Bail Act and its long-standing interest in Richmond ney from Northern Virginia; The Honorable Wallace providing fair payment for the defense of indigents. R. Heatwole; Louis Koutoulakos, a long-time out- At the present time, the membership is almost On a more personal basis, standing defense lawyer from Northern Virginia; E. 1,900 members, with close to 1,000 people attend- I consider the friendships Carter Nettles, Jr., commonwealth’s attorney from ing the seminars each February. and associations gained Sussex; The Honorable Reid M. Spencer of through the section one of Norfolk; Morton B. Spero of Petersburg; and the Thousands and thousands of hours have been the nicest aspects of my undersigned, who was the initial secretary. given by the Board of Governors members over career. the last 30 years and that has made the section the From the beginning, it was the goal of the section success that it has been and continues to be. to promote and improve the fair administration of Professor Robert Shepherd of the T.C. Williams criminal justice in the Commonwealth. It was and School of Law at the University of Richmond has always has been a blend of commonwealth’s attor- provided professional support and contributed neys, defense attorneys, and judges working valuable time and effort. I would be remiss in my together for the betterment of the system. The list duties as scribe without thanking Bet Keller of the of former chairs includes some of the most out- bar staff who has been with us from virtually the standing practitioners of criminal law in the state. beginning and has been a mainstay.

The highlight of the section’s first year was a The section continues to thrive with its revolving criminal law seminar at the Sheraton Hotel in board and its outstanding cross-section of leader- Fredericksburg. The first luncheon speaker was ship throughout the state, creating continuous Percy Foreman. The seminar has grown to be an leadership in this exciting area of the law. annual event and the list of luncheon speakers

Virginia Lawyer 20 Your VSB Annual Meeting

The Rules for Organization and Government of the 1,000. More than 100 judges and guests, often Virginia State Bar require that “Annually, on or including the governor, the attorney general, and before July 1, there shall be held a meeting of the members of the Supreme Court of Virginia, also members of the Virginia State Bar...” (Rules of the attend. Supreme Court of Virginia, Part 6, § IV, ¶¶ 8, 9; Bylaws of Council, Article V). The annual meeting has become an occasion not to be missed. Our sections and committees, Lawyers from across the Commonwealth have just together with the Young Lawyers Conference, met at the 61st Annual VSB Meeting in Virginia never fail to present a wide variety of educational Beach. The annual meeting gives us all the oppor- seminars and special events. Several statewide bar tunity to enhance our professional development groups—VADA, VTLA, VWAA, the Virginia Law while enjoying fellowship with our colleagues and Foundation, the American Academy of Matrimonial by Michael C. Allen relaxation with our families. Lawyers, the Public Defenders Commission, and Chesterfield Virginia CLE—also host programs and activities. When the first annual meeting of the Virginia State The Lawyers’ Expo offers a look at the latest in The annual meeting has Bar was held at the John Marshall Hotel in law office technology, legal publications, and become an occasion not Richmond in 1939, few could have foreseen the related services. There are law school alumni to be missed. growth of this event. For 30 years, the meeting breakfasts, a Friday night dance, athletic events, rotated among Richmond, Roanoke, and other sites and numerous other special activities for attorneys around the state. The date of the meetings varied. and their families. In 1957, it took place in conjunction with the Judicial Conference. By the 1970s, average atten- I urge all of you to participate in this highlight of dance numbered 350 to 400 lawyers, and in 1978 the bar year. I hope you will take advantage of the the Executive Committee settled on Virginia Beach educational opportunities, enjoy the chance to see as the chosen location. In the 1990s, the average friends old and new, and speak with bar leaders number of lawyers in attendance swelled to nearly about issues of importance to your practice.

Midyear Legal Seminar

In June 1973, the Council authorized the concept credit. The programs have been sponsored primar- of the Midyear Legal Seminar. (Part 6, §IV, ¶9(j) of ily by the VSB sections with offerings and a gen- the Rules of the Supreme Court of Virginia). The eral appeal to a wide segment of the bar. seminar was first conducted in December l973. The 1999 seminar will mark the twenty-seventh The seminar is designed to be self-supporting. The year that the state bar has sponsored this program. registration fees charged for the seminar and travel The seminar has been held in various off-shore package cover all costs associated with the land, locations, and has always included a substantive air, CLE and administrative costs of the seminar. program usually planned in conjunction with VSB With the exception of the minimal staff time and sections. Since l986 when the MCLE requirement administrative costs, no mandatory dues are used went into effect, the seminar has offered between to underwrite expenses associated with producing 9 and 12 hours of continuing legal education and conducting the seminar.

Annual & Midyear Meetings $51,125

Virginia Lawyer 21 Your VSB Personal Insurance for Members The Personal Insurance for Members Committee mittee currently oversees the operation of health has been functioning on behalf of the Virginia care, life, disability income, and dental plans that State Bar for a number of years. In 1995, the have been endorsed by the Virginia State Bar Virginia General Assembly specifically authorized Council. The administrator for the Virginia State the Virginia State Bar, through its governing body, Bar Plans is The Reciprocal Insurance Agency, Ltd. to endorse insurance coverages or to be a holder The mission of the committee is to attempt to pro- of group and individual policies for the benefit of vide the Virginia practicing lawyer with needed members of the Virginia State Bar, their employees insurance coverages for the lawyer, his or her staff, and families. (Code of Virginia, of 1950, Section and family at good rates. The goal is to assist the 54.1-3917.1.) lawyer in obtaining sound protection with a mini- mum diversion of attention from his or her prac- The committee is made up of nine volunteer tice of law. With over 3,700 insureds in current members and is chaired by R. Paul Childress, Jr., coverages, the committee continues to consider by James H. Ford Esq. It accomplishes its work each year through new proposals for additional coverages in view of Martinsville one or more meetings and teleconferences, and its this goal. impact on the VSB budget is minimal. The com- The mission of the committee is to attempt to provide the Virginia practicing lawyer with needed Lawyer Malpractice Insurance insurance coverages. Since 1983, the Virginia State Bar has endorsed a My work as a volunteer on VLIC and its risk man- lawyer malpractice insurance program, which was agement subcommittee has (1) made me a lot of originally underwritten by TVIR (The Virginia new friends; (2) allowed me to work closely with Insurance Reciprocal). TVIR was endorsed by both some extremely talented women and men skilled the VSB and the TBA (Tennessee Bar Association) in the area of risk management (Wendy Inge, Esq. and each appointed an advisory committee of con- [AVP of Risk Management for ANLIR], Paul cerned lawyers. In 1992, in conjunction with TVIR, Georgiadis, Esq. and Paul Sinclair, Esq. [the VSB’s the VSB and the TBA established a new company, outside risk managers] all of whom play an ANLIR (American National Lawyers Insurance extremely important role in answering the needs Reciprocal), which now writes lawyers malpractice of our members); (3) given me the opportunity to insurance in ten other states, and is governed by a make certain that some of the educational pro- board consisting of lawyers appointed from each grams were geared to my real estate colleagues to of the endorsing jurisdictions. heighten their awareness of the pitfalls that await by Susan M. Pesner them and, equally as important, assist them in the Fairfax The Lawyer Malpractice Insurance Committee management of their practices; (4) allowed me to (“VLIC”) exists to provide a two-way conduit for be instrumental in ANLIR’s making the CRESPA Through the efforts of the information to pass to and from ANLIR and the required bonds available for VSB members at a members of VSB and the VSB and its members. The operation gets its very affordable rate without a lot of hassle; and (5) TBA, we now are assured strength from the efforts of three subcommittees: broadened my understanding of the endorsement of continuous good risk management, claims and underwriting. Some process and the need to exercise our most discrimi- coverage at affordable committee members have an insurance background nating judgment when selecting an endorsed carrier. rates . . . but most do not—until they have had the opportunity to sit on VLIC for a year or so and find out VLIC also regularly receives reports on marketing, about the inner workings of the company and its claims and financial results and offers its advice to ability to interact with the VSB, and vice-versa. ANLIR officials.

Remember—less than 20 years ago, the availability Insurance Programs of lawyer’s malpractice insurance coverage in $15,200 Virginia was uncertain. Through the efforts of the members of VSB and the TBA, we now are assured of continuous good coverage at affordable rates from our own lawyer-owned insurance company, ANLIR. I am proud to be a part of that process and make a difference.

Virginia Lawyer 22 Your VSB Lawyers Helping Lawyers Program

The Lawyers Helping Lawyers Program began in impaired attorney, law firms, the courts, the Board 1985 after a joint committee of the Virginia State of Bar Examiner’s Character and Fitness Bar and The Virginia Bar Association determined a Committee, district disciplinary committees and the need for services for attorneys impaired by alcohol disciplinary board, local bar associations, and law or drug use. The program’s goal is to provide con- schools. fidential assistance to lawyers and judges. It is designed to prevent disciplinary problems for the Oversight of the program is provided by the attorney when possible, protect the client, support Substance Abuse Committee which consists of 15 the lawyer’s family and strengthen the profession. attorneys and judges as well as liaisons represent- The program is administered by The Virginia Bar ing the judiciary, the Virginia State Bar, the Virginia Association and endorsed by the Virginia State Bar. Trial Lawyers Association and the VBA Young Lawyers Division. The SAC is a committee of the by Thomas O. Available services include assessment, referral, con- VBA. Funding for the program comes from the Bondurant, Jr., sultation, intervention, monitoring, peer support, Virginia State Bar, the VBA, ANLIR, VTLA, VADA SAC Chairman and education. Services are provided by a full time and contributions from firms and individuals and Richmond program director (hired in 1995) who is assisted has allowed services to be provided free of charge. by approximately 150 attorney volunteers across A special fund has been established in the VBA Approximately 120 persons the state. These services have been requested by Foundation to provide loans to attorneys who received one or more of attorneys who are impaired or who have a family need financial assistance for obtaining treatment. these services in 1998. member who is impaired, family members of an

Lawyers Helping Lawyers $50,000

Virginia Lawyer 23 Your VSB Special Committees The VSB has some twenty special committees lier pieces covering a particular program. Three through which much of the work of the organiza- others which have non-programatic responsibilities tion occurs. Some, such as access to Legal Services are treated as examples in the following pages. and Lawyer Referral, have been described in ear-

Alternative Dispute Resolution The Joint VSB-VBA Committee on Alternative worked closely with Geetha Ravindra, Director of Dispute Resolution is made up of 12 members of Dispute Resolution Services for the Supreme Court, the VBA and 12 members of the VSB. by serving on her Advisory Council or subcommittees thereof or by being involved in the Advocacy It has been heavily involved over the years in all in Mediation CLE program, which has been suc- aspects of alternative dispute resolution, which we cessfully presented around the state over the last prefer to call “appropriate dispute resolution,” four to five years. which includes mediation, binding arbitration and non-binding arbitration, and neutral evaluations. Finally, many members of the Joint Committee are One of the primary activities of the Joint actively participating in the writing of a CLE Committee has been to plan and present numer- “Handbook on ADR in Virginia” which is planned ous CLE programs and mock mediation presenta- to be published in November of 1999. by Frank West tions around the state, and the Joint Committee co- sponsored with the VSB Family Law Section a pro- I have particularly enjoyed taking part in the vari- Morrison gram at this year’s annual meeting in June at ous CLE presentations in which the Joint Committee Lynchburg Virginia Beach entitled, “The Ethics of Advocacy in has been involved over the years. One of the Family Mediation: How To Do What the New highlights of the various CLE seminars is when the I have particularly enjoyed Virginia Rules Say We Should Do.” participants conclude in our interactive sessions taking part in the various that not only is “zealous advocacy” and mediation CLE presentations. The Joint Committee was involved in drafting the not mutually exclusive but, in fact, a failure to new Model Rules dealing with ADR. In addition, consider mediation in appropriate cases is contrary many members of the Joint Committee have to the rules of zealous advocacy.

Special Committees $13,180

Virginia Lawyer 24 Your VSB Special Committees Bench-Bar Relations The Bench-Bar Relations Committee consists of bar at the annual judicial conference. The commit- attorneys and judges throughout the state who tee also reviews and monitors judicial initiatives meet with the goal to foster continuing interaction that effect the process for evaluation, nominating, between the bench and the bar, locally, regionally electing, and retaining state judges. This year the and statewide. Members of the committee have committee brought a resolution before Bar Council met with judges across the state to foster, provide supporting an increase in judicial salaries, which resources, and promote local bar association did lead to an increase in salaries throughout the efforts to establish and broaden communications state. The committee also is studying efforts to cre- among the bench and bar on a local and regional ate guidelines for responses to the unjust criticism by Arlene T. Starace basis. In addition, the committee has monitored of judges and lawyers in a manner that is within Fairfax and fostered the participation of members of the the ethical guidelines.

This year the committee brought a resolution before Bar Council supporting an increase in judicial salaries, which did lead to an increase in salaries throughout the state.

Media, Bench-Bar Relations The predecessor of the Committee on Media, The committee meets to discuss matters of mutual Bench-Bar Relations was formed in 1968 by the interest to the bar, bench and media, such as cam- Virginia State Bar and media organizations in eras in the courtroom, access to court proceedings response to a proposal by the American Bar and records, management of high-profile cases, Association for mandatory restrictions on the and subpoenas to reporters for their notes and tes- release of criminal information. The membership timony. The committee sponsored a program on and organization have varied since then, and the high-profile cases at the 1998 annual meeting. The committee was substantially reorganized in 1998 to media and lawyer members of the committee have include four lawyer members appointed by the substantial experience in First Amendment issues by Alan Cooper State Bar, two media members appointed by the and stand ready to share that experience with Richmond Virginia Association of Broadcasters, two media members of the bench and bar who rarely members appointed by the Virginia Press encounter such issues and might not be as familiar The committee sponsored Association, and four members of the judiciary with them. a program on high- designated by the judicial members of the Bench- profile cases at the 1998 Bar Committee of the state bar. annual meeting. The media and lawyer members of the committee have substantial experience in First Amendment issues.

Virginia Lawyer 25 Your VSB LOMAP

(This program has been approved by Council, but not yet included in the bar’s operating budget. If it Statistics from the bar’s disciplinary system indicate is to be added, effective July 1, 2000, the cost of that most complaints against attorneys are for gen- $143,660 will have to be included in the bar’s bud- eral negligence, inadequate client communications, get, beginning in the fiscal year 2000–2001.) failures to file, failures to pay amounts due from The Law Office Management Assistance Program trust accounts and attorney/client conflicts. These (LOMAP) was approved by the Virginia State Bar statistics reveal that too many practicing attorneys Council in June, 1997, after a year-long study and lack the foundation needed to manage their law recommendation of the Special Committee to practices effectively, because in most cases, the Study LOMAP, chaired by former Virginia State Bar problems are not the result of intentional behavior, President R. Edwin Burnette, Jr. The program was but rather inadequate and insufficient management by Robert B. Altizer initially scheduled to commence in January, 1998; skills. LOMAP was conceived and designed to pro- however, financial considerations have resulted in vide a broad range of assistance geared toward Tazewell Council delaying implementation of the program improving lawyers’ overall professional operations until July 1, 2000. The concept of LOMAP has by reducing the risk of client complaints and Small firms and sole received overwhelming support from both the improving service and office efficiency. It is antici- practitioners would bene- bar’s membership and Council. pated that small firms and sole practitioners fit from LOMAP. would, in particular, benefit from LOMAP. Structurally, LOMAP would be operated by a director and administrative assistant. In addition, the The cost for implementing LOMAP in 2000–2001 American National Lawyers Insurance Reciprocal would be approximately $143,660, including a risk managers would provide program services. one-time expense of $21,000 for start-up costs. Of LOMAP would distribute publications, videos and that cost, ANLIR has agreed to underwrite $25,000 other materials on law office management topics. and an additional sum is projected to be received It would also operate a website and offer tele- ultimately in fees from consultations and sales of phone consultations. Also, new attorney orienta- publications. Much of the remaining cost of imple- tion programs and CLE presentations would be menting and maintaining LOMAP in future years offered. Onsite audits would be performed for could be offset by financial savings associated with requesting lawyers who pay a fee and for lawyers fewer investigations and prosecutions of ethical referred by the disciplinary system. Sliding scale complaints. charges for such audits would be made based upon firm size.

LOMAP is not in the current budget. Would add $143,660 to FY2001 budget.

Virginia Lawyer 26