The Senior Lawyers Issue

Fairfax Family Lawyer Deborah A. Wilson with her son Joshua Wilson of NovaLegalGroup, P.C.

The Senior Lawyers Issue The WINGS Program Using Illustration for Clarity also Law School Digest and Leadership Opportunities Virginia Lawyer The Official Publication of the Virginia State Bar February 2020 Volume 68/Number 5

Features Access to Legal Services 38 Jim Sandman GENERAL INTEREST Announces Retirement as President of LSC 24 Deborah Wilson: “I Still Love Practicing Law” by Deirdre Norman 26 Writing Wills for Super Collectors Noteworthy by Jeffrey B. Sodoma VSB NEWS 30 Post TCJA Tax Concerns and Implications in 39 Judge and Lawyer Well-being Personal Injury Cases Program Launches New Website by Arthur Weiss 40 Supreme Court of Virginia Opens 32 In Celebration of William T. Mason Jr.’s 93rd Birthday Judicial Learning Center and 68 Years of Service to the Virginia State Bar 40 Understanding the Changes to by Jamilah D. LeCruise Corporate Counsel Registration 34 On the Way to Solving the Foster Care Crisis in 41 Get on the Ballot for Bar Virginia Council Elections by Cassie Baudeán Cunningham 42 In Memoriam 43 Edward L. Chambers Jr. 43 Frank Opie Meade SENIOR LAWYERS CONFERENCE Columns 15 Opening Doors to Legal Services: SLC Updates the Senior Citizens Handbook, Encourages Senior Citizens Law Day Programs 8 President’s Message by John D. Eure 10 Executive Director’s Message 16 An Appreciation of James Madison, 12 Ethics Counsel’s Message A Virginia President 13 MCLE Board by Frank Overton Brown Jr. 45 Law Libraries 18 Using Simple Illustrations for Clarity 46 Technology and the Future Practice by Linda L. McCausland of Law 20 Virginia WINGS: The Supreme Court of Virginia and Community 47 Risk Management Stakeholders Work to Improve Adult Guardianship 62 The Last Word by Erica F. Wood

Departments VIRGINIA LAWYER REGISTER 6 Forum 44 Conference of Local and Specialty 52 Disciplinary Summaries 54 U.S. Court of Appeals for the Bar Associations Fourth Circuit Amends Four Rules 53 Disciplinary Proceedings 50 CLE Calendar 54 Ethics Committee Seeks Comments 54 Calling All Active and In-good- 56 Professional Notices standing Lawyers on Proposed LEO and Rule Changes 59 Law School Digest 54 Nominate a Deserving Lawyer for 54 Supreme Court of Virginia Amends 61 Classified Ads Rules of Court an Award 61 Advertiser’s Index

Cover: Fairfax Family Lawyer Deborah A. Wilson with her son Joshua Wilson of NovaLegalGroup, P.C. Photo by Deirdre Norman Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2019–20 OFFICERS 16th Circuit Marni E. Byrum, President R. Lee Livingston, Charlottesville www.vsb.org Brian L. Buniva, President-elect Palma E. Pustilnik, Charlottesville Leonard C. Heath Jr., Immediate Past President Editor: Karen A. Gould, Executive Director and Chief 17th Circuit Deirdre Norman Operating Officer Adam D. Elfenbein, Arlington ([email protected]) Jennifer S. Golden, Arlington EXECUTIVE COMMITTEE Gregory T. Hunter, Arlington Marni E. Byrum, President Joshua D. Katcher, Arlington Creative Director: Brian L. Buniva, President-elect William H. Miller, Arlington Caryn B. Persinger Leonard C. Heath Jr., Immediate Past President ([email protected]) Maryse C. Allen, Prince William 18th Circuit Ann B. Brogan, Norfolk Barbara S. Anderson, Alexandria Assistant Editor: Eugene M. Elliott, Roanoke Stacey Rose Harris, Alexandria Jackie Kruszewski Eva N. Juncker, Falls Church John K. Zwerling, Alexandria ([email protected]) Jay B. Myerson, Reston William T. Wilson, Covington 19th Circuit Advertising: LLM Publications Brian C. Drummond, Fairfax CONFERENCE CHAIRS AND PRESIDENT David J. Gogal, Fairfax Ben Oerther Conference of Local and Specialty Bar Richard A. Gray, Fairfax ([email protected]) Associations – Lewis A. Martin III Chidi I. James, Fairfax Diversity Conference – Chidi I. James Douglas R. Kay, Tysons Corner Senior Lawyers Conference – John D. Eure Daniel B. Krisky, Fairfax VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) Young Lawyers Conference – Farnaz F. Thompson David L. Marks, Fairfax is published six times a year by the Virginia State Bar, COUNCIL Gary H. Moliken, Fairfax 1111 East Main Street, Suite 700, Richmond, Virginia Jay B. Myerson, Reston 1st Circuit Nathan J. Olson, Fairfax 23219-0026; Telephone: (804) 775-0500. Subscription Damian J. (D.J.) Hansen, Chesapeake Dennis J. Quinn, Tysons Rates: $18.00 per year for non-members. This material 2nd Circuit Wayne G. Travell, Tysons is presented with the understanding that the publisher Ryan G. Ferguson, Virginia Beach Edward L. Weiner, Fairfax and the authors do not render any legal, accounting, Steven G. Owen, Virginia Beach Michael M. York, Reston or other professional service. It is intended for use by Jeffrey B. Sodoma, Virginia Beach 20th Circuit attorneys licensed to practice law in Virginia. Because of 3rd Circuit R. Penn Bain, Leesburg Susan F. Pierce, Warrenton the rapidly changing nature of the law, information Meredith B. Travers, Portsmouth contained in this publication may become outdated. As 4th Circuit 21st Circuit a result, an attorney using this material must always Ann B. Brogan, Norfolk G. Andy Hall, Martinsville Gary A. Bryant, Norfolk 22nd Circuit research original sources of authority and update Neil S. Lowenstein, Norfolk information to ensure accuracy when dealing with Eric H. Ferguson, Rocky Mount 5th Circuit a specific client’s legal matters. In no event will the Thomas G. Shaia, Suffolk 23rd Circuit authors, the reviewers, or the publisher be liable for Eugene M. Elliott Jr., Roanoke 6th Circuit K. Brett Marston, Roanoke any direct, indirect, or consequential damages resulting J. Daniel Vinson, Emporia from the use of this material. The views expressed herein 24th Circuit 7th Circuit are not necessarily those of the Virginia State Bar. The Eugene N. Butler, Lynchburg Benjamin M. Mason, Newport News inclusion of an advertisement herein does not include 25th Circuit 8th Circuit an endorsement by the Virginia State Bar of the goods William T. Wilson, Covington Marqueta N. Tyson, Hampton or services of the advertiser, unless explicitly stated 26th Circuit otherwise. Periodical postage paid at Richmond, 9th Circuit Nancy M. Reed, Luray W. Hunter Old, Williamsburg Virginia, and other offices. 27th Circuit 10th Circuit R. Cord Hall, Christiansburg Charles H. Crowder III, South Hill 28th Circuit POSTMASTER: 11th Circuit William M. Moffet, Abingdon Dale W. Pittman, Petersburg Send address changes to 29th Circuit 12th Circuit VIRGINIA LAWYER D. Greg Baker, Clintwood P. George Eliades II, Chester MEMBERSHIP DEPARTMENT 30th Circuit 13th Circuit 1111 E MAIN ST STE 700 Greg D. Edwards, Jonesville Dabney J. Carr IV, Richmond RICHMOND VA 23219-0026 Leah A. Darron, Richmond 31st Circuit Eric M. Page, Richmond Maryse C. Allen, Prince William Cullen D. Seltzer, Richmond Sushella Varky, Richmond MEMBERS AT LARGE J. Tracy Walker IV, Richmond Denise W. Bland, Eastville Henry I. Willett III, Richmond Afshin Farashahi, Virginia Beach Atiqua Hashem, Richmond 14th Circuit Eva N. Juncker, Falls Church Craig B. Davis, Richmond B. Alan McGraw, Tazewell Stephanie E. Grana, Henrico Virginia State Bar Staff Directory Lenard T. Myers Jr., Norfolk Marissa D. Mitchell, Henrico Frequently requested bar contact Lonnie D. Nunley III, Richmond 15th Circuit Patricia E. Smith, Abingdon information is available online at Jennifer L. Parrish, Fredericksburg A. Benjamin Spencer, Charlottesville www.vsb.org/site/about/bar-staff.

4 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org Forum

Condolences

I read, with sadness, of the passing of Roy B. Thorpe Jr. I met Roy when he was the Falls Church City Attorney, and Letters we were on opposing sides of a juvenile Send your letter to the editor to: case which ultimately made its way to [email protected] or the Court of Appeals. Roy was a capable Virginia State Bar adversary, but he was also accessible, Virginia Lawyer Magazine respectful, courteous and gentlemanly. 1111 E Main St., Suite 700 My deepest condolences go out to Richmond, VA 23219-0026 Karen, Jennifer, Laura and George. You were as lucky to have had Roy as he was Letters published in Virginia Lawyer to have had you. may be edited for length and clarity The highest praise I can give to any and are subject to guidelines colleague in the profession applies to available at www.vsb.org/site/ Roy Thorpe: He was the kind of fellow publications/valawyer/. who gives lawyers a good name.

Mark D. Seidelson Manassas

Jest Is For All by Arnie Glick

A WORLD OF DIFFERENCE

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Second Annual Virginia Law Student Wellness Summit start your journey April 1, 2020 LEARN MORE AT University of Richmond www.fastcase.com For More Information Contact Summit Organizers:

Margaret Hannapel Ogden, Wellness Coordinator ([email protected]) Tracy Winn Banks, Virginia Law Foundation, ([email protected])

6 VIRGINIA LAWYER | December 2019 | Vol. 68 www.vsb.org President’s Message by Marni E. Byrum Edward Chambers: A Lawyer’s Life Lived Well

Each time I sit down to write terms on the Judicial Candidate the Task Force on Payee Notification. a column, I begin with a blank page Evaluation Committee. He was a The special committee and task forces — in much the same way that each of member of the Professionalism, resulted in significant rule changes for us begins our legal career with a blank Budget and Finance, and Lawyer our profession. slate. The practice of law is all about Referral Committees. He was on the Ed also served the public and the choices — how to use our time and our faculty of the Professionalism Course. legal community as a Commissioner talents. The choices we make define He served on the Clients’ Protection in Chancery, a special justice and a who we are — not only professionally, Fund Board, and as a member and substitute judge for the 9th Judicial but personally. chair of the Sixth Disciplinary District Circuit. During this year, I have written Committee. In addition, no matter Beyond his work with the Bar, my columns about opportunities for en- how difficult a task, when asked to Ed spent many hours in community gagement with the Virginia State Bar, as take on yet another — even especially activities, serving on the boards of well as ways to help address the justice challenging — task, he always said the March of Dimes, the Yorktown- gap, and to give back to our communi- yes — and then did a fantastic job. Ed Bicentennial Committee, Friends of ties. In doing so, I have recognized the spent five years working on the Special Yorktown Victory Center, and the work of sections, committees, confer- Committee on Virginia Model Rules Yorktown Arts Foundation. ences, and local bar associations. With of Professional Conduct that led to Somehow, some way, and I say this column, however, I want to focus enviably, Ed was able to find a balance on an individual. in his life that allowed him to per- In December, we lost one of the sonify the citizen lawyer. He served quiet, unsung stalwarts of our profes- our profession and the citizenry of sion and the Virginia State Bar: Edward Somehow, some way, and our Commonwealth with integrity, Chambers. He was involved in a multi- compassion and dedication. As much tude of activities covering a broad range I say enviably, Ed was able as we appreciate Ed’s service, we also of interests. As became apparent at his appreciate his family’s willingness to memorial service, groups of his friends to find a balance in his life share him and his talents with us. from different walks of life were each Throughout my term, I have noted unaware of the divergent contributions that allowed him to that we must all belong to the VSB, yet he had made to his profession and to no one is required to engage, partici- You’ve Got Mail! his community. personify the citizen lawyer. pate or step up to lead. When someone Although he did none of this does, we should not miss an opportu- Or you might, if your email address is up to date for praise, I think it is important to nity to say thank you. with the Virginia State Bar. recognize his lifelong commitment to Thank you, Ed, for serving the service. Bar, and the public life. Please make sure you are getting our monthly VSB Ed became a Virginia lawyer in Thank you for exemplifying the News and annual compliance messages by add- 1974. Practicing law on the peninsu- Virginia’s transition from the Code very best in our profession. ing [email protected], [email protected], and la for more than 40 years, he was a of Professional Responsibility to the Thank you for making a difference. [email protected] to your email contacts. member of the York-Poquoson Bar Rules of Professional Conduct. He also Association and served as president spent five years on the Task Force on INCLUSION And as always: Keep all of your information current Public Protection that looked in depth Z from 1988 to 1989. In 1989, he began Confidential help for substance abuse problems and by logging on at www.vsb.org. what would be a 30-year commitment at the fundamental issues arising from DIVERSITY mental health issues. to volunteer work with the VSB. Ed the Bar’s focus on protecting the pub- Z For more information, visit https://vjlap.org NEW: You can opt out of receiving Virginia Lawyer served two different terms on Bar lic. One of the issues that came from ENGAGEMENT or call our toll free number 24/7: 1-877-545-4682 by mail if you prefer to read it online. Council and also served two separate this analysis led him to two years on Lawyers Helping Lawyers is now Virginia Judges and Lawyers Assistance Program

8 VIRGINIA LAWYER | December 2019 | Vol. 68 www.vsb.org Executive Director’s Message by Karen A. Gould A Sex and the Practice of Law WORLD OF

The VSB Standing Committee presents a significant danger that, [19] When the client is an organi- on Legal Ethics has proposed amend- because of the lawyer’s emotional zation, paragraph (k) of this Rule ments to Rule of Professional Conduct involvement, the lawyer will be unable prohibits a lawyer for the organization DIFFERENCE 1.8 (http://bit.ly/rule1_8), which con- to represent the client without impair- (whether inside counsel or outside cerns conflicts of interest, to add a new ment of the exercise of independent counsel) from having a sexual relation- paragraph to establish a bright-line professional judgment. Moreover, a ship with a constituent of the organiza- rule prohibiting sexual relations with blurred line between the professional tion who supervises, directs or regular- Law Street Media Fastcase Legal Research a current client unless the relationship and personal relationships may make ly consults with that lawyer concerning Legal News predated the lawyer-client relation- it difficult to predict to what extent the organization’s legal matters. ship. The proposed amendments also client confidences will be protected The ssuei of sexual relations with add three new comments, [17]-[19], by the attorney-client evidentiary a client is currently addressed in Legal

explaining the purposes and scope of privilege, since client confidences are Ethics Opinion 1853 (http://bit.ly/ AI Sandbox the prohibition, as well as the fact that protected by privilege only when they LEO1853), which follows much of Legal Data Analysis it is not imputed to other lawyers in a are imparted in the context of the the same reasoning as the proposed firm. The purpose of engaging in this client-lawyer relationship. Because comments to Rule 1.8 and concludes discussion is not to discuss whether it’s of the significant danger of harm to that sexual relations with a client ok to have sex with a client (clearly, it’s client interests and because the client’s will be prohibited in many cases. The not, under most circumstances), but to own emotional involvement renders proposed amendments establish a discuss how you can be relevant to the it unlikely that the client could give bright-line rule to that effect, based on discussion. adequate informed consent, this Rule the same concerns about conflict of The extt of the proposed amend- prohibits the lawyer from having interest and overreaching. ments is underlined here: sexual relations with a client regardless The ethical rules have never Full Court Press RULE 1.8 Conflict of Interest: of whether the relationship is consen- permitted lawyers to have to sex with Expert Treatises Prohibited Transactions sual and regardless of the absence of one’s client for the reasons set forth in … prejudice to the client. Legal Ethics Opinion 1853, adopted in Docket Alarm (k) A lawyer shall not have sexual rela- Like a conflict arising under paragraph 2009. Long before LEO 1853, the VSB Pleadings + Analytics tions with a client unless a consensual (i) of this Rule, this conflict is personal Discipline Department prosecuted sexual relationship existed between to the lawyer and is not imputed to individuals who had sex with clients them when the client-lawyer relation- other lawyers in the firm with which under certain circumstances. ship commenced. the lawyer is associated. This roposedp amendment would NextChapter Bankruptcy Petitions + Filing start your journey … [18] Sexual relationships that predate bring the rule in line with the ABA Client-Lawyer Sexual Relationships the client-lawyer relationship are not Model Rules and the rules of at least Fastcase is one of the planet’s most [17] The relationship between law- prohibited. Issues relating to the ex- 43 other jurisdictions that address this innovative legal research services, yer and client is a fiduciary one in ploitation of the fiduciary relationship issue through a rule and/or comment and it’s available free to members of which the lawyer occupies the highest and client dependency are diminished rather than just an advisory ethics the Virginia State Bar. position of trust and confidence. The when the sexual relationship existed opinion. Violation of an ethics rule LEARN MORE AT relationship is almost always unequal; prior to the commencement of the may result in the prosecution and thus, a sexual relationship between client-lawyer relationship. However, conviction of a lawyer for the charged www.vsb.org/site/main/member-portal lawyer and client can involve unfair before proceeding with the representa- offense. DOWNLOAD TODAY exploitation of the lawyer’s fiduciary tion in these circumstances, the lawyer At the beginning of each month, role, in violation of the lawyer’s basic should consider whether the lawyer’s the VSB Communications Department ethical obligation not to use the trust ability to represent the client will be sends out an email containing news of the client to the client’s disadvan- materially limited by the relationship. tage. In addition, such a relationship See Rule 1.7(a)(2). Ethics continued on page 36

10 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org Ethics Counsel Mandatory Continuing Legal Education by James M. McCauley The Receipt of Privileged Documents MCLE Board Launches Study of Through Inadvertent Disclosure and Policies and Procedures New Virginia Rule 4.4(b) by Justice Stephen R. McCullough and Christine Lockhart Poarch

Lawyers are often placed in an document or information was 280 Va. 113 (2010) (using a five-fac- Like all Virginia State Bar boards consider and decide MCLE waiver and attorney wellness, a stated objective ethical dilemma by having received inadvertently sent if the sender tor test for courts to apply in order to and committees, the Mandatory extension requests. of the Supreme Court of Virginia through accident or inadvertence a promptly notifies the receiving determine whether the attorney-client Continuing Legal Education (MCLE) Beginning in March, the MCLE subsequent to its report “A Profession privileged document which the lawyer lawyer of the mistake. privilege was waived by an inadvertent Board strives to constantly im- staff will distribute an online survey to at Risk.” The MCLE Board has already knows was misdirected. New Virginia disclosure of privileged information). prove its processes and policies. solicit input from a wide cross-section begun reviewing policy changes that Rule 4.4(b), effective December 1, Comment 2 also clarifies that the Importantly, Comment 2 explains Improvement necessitates feedback, of CLE providers. MCLE staff will then may be necessary on distance learning, 2019, addresses the ethical duties of a rule does not apply to information that that if the receiving lawyer is without and over the next four to six months, analyze common areas of concern law office management (including lawyer who receives privileged mate- was wrongfully obtained rather than actual or constructive knowledge that the MCLE board and staff will launch in an initial report to the board. The cybersecurity and data privacy), and rial sent by an adversary or opposing inadvertently obtained, and that it only the material was inadvertently deliv- a program aimed at gathering that board plans to convene a series of duration limitations on ethics credit. counsel by accident. applies to metadata if the metadata is ered or that the material is protected feedback into concrete recommenda- townhall meetings — some online and The board is also examining renewal Thenew rule codifies the guidance privileged and inadvertently disclosed. under the attorney-client privilege, tions for the MCLE Board’s consid- others in person at the Virginia State standards for accredited sponsors, who currently found in LEO 1702 regard- Finally, Comment 3 explains that the Rule 4.4(b) does not apply. eration. Bar offices in Richmond — in order to represent approximately 100 MCLE ing a lawyer who receives privileged rule, and LEO 1702, are justified by Rule 4.4(b) was necessary because The MCLE Board is one of three clarify reported concerns and respond providers. the extreme importance of preserving information that was inadvertently the receiving lawyer’s obligations Virginia State Bar boards established to questions concerning the Supreme The MCLE Board and staff have lawyer-client confidences, and that the sent. Rule 4.4 (b) requires that a lawyer as set out in LEOs 1702 and 1871 by the Supreme Court of Virginia.1 Court of Virginia’s rules, MCLE already begun seeking feedback who receives a document or electron- duties established by the proposed rule could not be found in the black letter The work of the on other policy ically stored information relating to override the lawyer’s duty of commu- provisions of the Virginia Rules of MCLE Board changes from the representation of the lawyer’s client nication under Rule 1.4. This means Professional Conduct or former Code involves Virginia Beginning in March, the MCLE staff will distribute an online providers infor- and who knows that the information is that the lawyer is prohibited from of Professional Responsibility. The attorneys’ compli- mally. This project privileged and was inadvertently sent informing his or her client of rele- survey to solicit input from a wide cross-section of CLE Virginia version of Rule 4.4(b) differs ance with mini- represents the must immediately terminate review or vant, though inadvertently disclosed, from the ABA Model Rule 4.4(b) in mum MCLE stan- board’s intention to use of the information, promptly noti- information, and that the lawyer is providers. MCLE staff will then analyze common areas of two important respects: (1) the ABA dards and MCLE solicit input from fy the sender, and abide by the sender’s prevented from using information of MR 4.4(b) only obligates the receiv- instructions, if applicable, to return or great significance to the client’s case. program course ap- concern in an initial report to the board. as wide a group of ing lawyer to notify the sender of the destroy the information. Comment 3 reiterates the guidance in proval for Virginia MCLE providers inadvertent disclosure; and (2) ABA Comment 2 further explains the LEO 1871 by recognizing situations credit in support of as possible and the MR 4.4(b) applies to any document scope of the rule by defining when a in which pre-trial discovery rules and the core elements of the Virginia State regulations, opinions and procedures. board’s sensitivity to and respect for all that has been inadvertently sent. For document is inadvertently sent and agreements by litigants may modify Bar’s mission: (1) to protect the public, Thereafter, the MCLE Board will con- continuing legal education providers, attorneys that conduct litigation in when the lawyer knows or reasonably the parties’ obligations or permit the (2) to regulate the legal profession of sider recommendations and determine whether accredited sponsors or not. other jurisdictions, please be aware should know that that is the case: receiving lawyer to contest a sender’s Virginia, (3) to advance access to legal how best to implement agreed-upon As such, we hope that all MCLE pro- claim of privilege following an inad- that you may be required to follow services, and (4) to assist in improving changes. The MCLE Board hopes to viders, large and small, will assist us by A document or electronically vertent disclosure; the proposed rule the forum jurisdiction’s rule, which the legal profession and the judicial have this process concluded by the end participating fully in this process. stored information is inadver- does not prohibit such actions and the could be different from Virginia’s. See system. of 2020. While this effort is aimed at tently sent when it is accidentally recipient is permitted to sequester the Virginia Rule 8.5(b)(1) (applying the Staff of the Virginia State Bar’s obtaining feedback from providers, the Justice Stephen R. McCullough is the transmitted, such as when an inadvertently sent document pending rules of the jurisdiction in which the Regulatory Compliance Department resulting improvements will ultimately Supreme Court of Virginia’s liaison to email or letter is misaddressed, use of such a process. However, the court hearing the matter sits). carry out the board’s daily administra- improve the experience for both pro- the MCLE Board. Christine Lockhart or a document or electronically general trend in the law is to hold that tive operations. During the last annual viders and attorneys. Poarch is the MCLE Board’s chair. stored information is accidentally the attorney-client privilege is not cycle, staff reviewed approximately In addition to compliance and included with information that waived by inadvertent disclosure if rea- Endnotes 20,000 courses. Of that number, only course approval, the work of the was intentionally transmitted. . . . sonable measures were taken to avoid 1 See Part 6, Section IV, Rules of Supreme a small number are sent to the MCLE MCLE Board includes critical poli- Court of Virginia, Paragraph 17 and the the receiving lawyer knows or inadvertent disclosure. See, e.g., Walton Virginia Code, Title 54.1, Chapter 39, Board for consideration and deci- cy changes, such as the board’s 2018 reasonably should know that the v. Mid-Atlantic Spine Specialists, P.C., Article 2. sion. MCLE staff and the board also amendment of Opinion 19 to include

12 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 13 Opening Doors to Legal Services: SLC Updates the Senior Citizens Handbook, Why did you Encourages Senior Citizens Law Day Programs become a lawyer? by John D. Eure Welcome to the Senior Lawyers Conference (SLC) issue Your SLC supports these programs in multiple ways. of Virginia Lawyer magazine. All Virginia lawyers who are We publish the Handbook and furnish bound copies in in good standing and 55 years of age or older are auto- bulk to Senior Law Day program presenters at no charge. matically members of the Senior Lawyers Conference. The Handbook’s costs, in fact, are the largest item in the Currently, there are over 21,000 senior lawyers in the SLC. SLC’s budget each year. The SLC’s webpage also links to One of the VSB’s most popular publications, the Bill Wilson’s extremely useful blueprint for a Senior Law Senior Citizens Handbook is a project of the SLC and is Day program, so presenters don’t have to reinvent this packed with helpful information about legal issues, oppor- particular wheel. Newly available on the SLC webpage tunities, and choices facing seniors today. The Handbook is a collection of videos of the most recent Senior Law gives seniors, their families, and their caregivers critical Day program moderated by Bill Wilson at the Dabney knowledge about how different laws may affect them. The Lancaster Community College in Clifton Forge. It is worth book opens a significant door to “access” by educating watching, to see firsthand how a local bar association re- people about relevant legal issues, empowering them to lates to its local communities and serves their needs. Past understand the law, and helping them recognize when SLC Board Chair Bruce Robinson, who is the SLC board’s they may benefit from professional legal advice. current Law Day chair, stands ready to advise anyone in- Much has changed since this resource was last up- terested in presenting a program. Bruce can be contacted In all likelihood, it was to be of service — whether you The legal landscape has changed dramatically since dated in 2013. Under the editorial direction of SLC Board at (434) 447-7922, and the SLC’s VSB staff liaison, Sylvia are helping a family through a divorce or represent- 1977. Lawyers can advertise. The yellow pages mean Member Barbara Anderson, the SLC Board of Governors Daniel, can be reached at (804) 775-0559 or at Daniel@ ing a multi-national corporation through a merger or nothing to an entire generation of people who have has undertaken a comprehensive update of the Handbook. vsb.org. This task has directly involved most of the SLC Board, as According to the bylaws of the SLC: “The purpose of acquisition. never met a phone that isn’t smart. well as other Virginia lawyers who have graciously given The SLC shall be to uphold the honor of the profession of their time and expertise. We aim to publish the updated law, to apply the knowledge and experience of the profes- As we head into a new decade, consider becoming part And that little thing called the internet has turned into version in the spring of 2020. Once that task is finished, sion to the promotion of the public good, to encourage of the service that has been helping Virginians obtain a lot more than a thing. But some people still need we will consider how to institutionalize the updating cordial discourse and interaction among the members of access to lawyers for over 40 years. help finding a lawyer and the Virginia State Bar remains process, and how to make this information available to our the Virginia State Bar, and to pursue its Mission and Goals committed to helping those people get access to legal Spanish-speaking population. as follows: The SLC shall serve the particular interests of Many Virginians lack the resources or the connections services. The SB,V through the SLC, provides the Handbook senior lawyers and promote the welfare of seniors general- to find a lawyer in their area or to understand their legal free of charge to thousands of Virginians each year, pri- ly.” We take our mission seriously and hope that we are of rights, but they do not qualify as pro bono candidates. The Virginia Lawyer Referral Service and lawyers like marily through Senior Citizens’ Law Day programs where service to you and your senior clients. you can make sure that more people have a chance to the Handbook constitutes the “course material.” These 3- to This year, the Virginia Lawyer Referral Service is offer- understand their legal rights. 4-hour programs, originated a number of years ago by then-SLC Board Member Bill Wilson of Covington, are or- ing new lawyers who join the Service one year of free ganized by local bar associations or by motivated individu- membership. And right now, joining the VLRS is free. So, what do al lawyers. Depending on the target audience and available you have to lose? speakers, these programs may cover topics such wills, Sign up, and let our team send you pre-screened refer- living trusts, alternative estate planning devices, powers of rals in your area. Call Toni Dunson at (804) 775-0591 to talk about how attorney, advance medical directives, paying for long-term you can help or sign up online at www.vlrs.net. care, Medicaid eligibility, prescription drug plans, choos- John D. Eure is chair of the Senior Lawyers Conference Board of Governors. A member of the Roanoke law firm of Johnson, Ayers Build your practice, build your reputation, or simply ing a nursing home or assisted living facility, reverse mort- & Matthews, P.L.C., he practices in the areas of insurance coverage, build confidence in our legal system for all Virginians Virginia is for good lawyers. Thank you for being one gages, and funeral planning. All reports confirm that these appellate law, and estate planning and administration. He publishes and speaks frequently on insurance coverage issues, appellate practice, by taking the time to help us help them. of them. programs are extremely well-received by those attending. and legal writing. He earned a B.A., magna cum laude, from Yale They are, in short, a real and direct service to the public. University and an M.A. and J.D. from the University of Virginia.

www.vsb.org SENIOR LAWYERS CONFERENCE | Vol. 68 | February 2020 | VIRGINIA LAWYER 15 AN APPRECIATION OF JAMES MADISON

political theorist, political scientist, concilia- James Madison has been variously tor, and mediator. Madison approached most referred to as the Father of the Constitution, all of his activities with the goal of being the the Architect of the Constitution, and the best prepared that he could possibly be. He Father of the Bill of Rights; although Madison was also a man of discretion. himself was deferential to the contributions As almost everyone knows, he was of others. It may safely be said that his efforts married to the widow Dolley Payne Todd, and were critical in helping to shape our nation. when Madison died, they had been married Madison died on June 28, 1836, at for 42 years. Montpelier, Virginia at age 85. At the time of Madison also established an impressive his death, he was the sole surviving signer of record of government and public service, in- the United States Constitution. His doctor cluding: Orange County Committee of Safety, offered to provide medication to help prolong Virginia Governor’s Council of State, mem- his life a little, so that he could die on July 4, as ber of the Virginia Legislature, delegate to both John Adams and Thomas Jefferson had the Philadelphia Constitutional Convention, died on July 4, 1826, but Madison refused. In Virginia delegate to the Continental his “Advice to My Country,” written two years Congress, member of United States House before his death, with instructions that it not of Representatives, secretary of state under be made public until after his death, Madison President Thomas Jefferson, president of the wrote, “The advice nearest to my heart and United States (two terms), delegate to Virginia deepest in my convictions is that the Union of Constitutional Convention, and rector of the the States be cherished and perpetuated....” If University of Virginia. Madison had been given the gift to foresee the Madison knew and was well-respected future, one wonders what would have been An Appreciation of James Madison, by many of the Founding Fathers, including Madison’s feelings about the outcomes of the Thomas Jefferson and George Washington many constitutional crises which have been A Virginia President (as a matter of fact, Madison “ghost-wrote” faced (or are being faced) by the United States Washington’s First Inaugural Address for in succeeding generations, including the great by Frank Overton Brown Jr. him). Some were Federalists and some were irony that, within about two and one-half de- Anti-Federalists, which required Madison’s cades after Madison’s death, the United States use of his special skills in helping to draft was engaged in a catastrophic Civil War and Having been tutored and taught locally in and structure the Constitution and the Bill its aftermath. James Madison Jr. (referred to in of Rights. John Marshall said that of the men his youth, in 1769, at age 18, James Madison this appreciation simply as James that he (Marshall) had known who “had the enrolled at the College of New Jersey (now greatest power to convince, I should perhaps Madison or Madison), who served Princeton University). Madison was taught say Mr. Madison, while Mr. [Patrick] Henry James Madison has been variously referred to as two terms (1809–1817) as president and mentored by the school’s president, John had without doubt the greatest power to Witherspoon, who later became the only of the United States, was born in Port persuade.” Today, the differences between the Father of the Constitution, the Architect of the clergyman and college president to sign the Conway, Virginia on March 16, 1751. “convincing” and “persuading” have practi- Declaration of Independence, and also served For most of his life, he lived in Orange cally passed from everyday usage, but if we Constitution, and the Father of the Bill of Rights; as a member of the Continental Congress. pay attention closely, we can hear and read the County, Virginia, at the family home Madison graduated in 1771 and spent an although Madison himself was deferential to the called Montpelier. He was the eldest of distinctions. additional year as the college’s first gradu- Madison and the other Founding Fathers the siblings in his family. Throughout ate student. John Witherspoon emphasized had the unique experience of helping to plan contributions of others. It may safely be said that his his lifetime, James Madison suffered “Common Sense Philosophy” in his students, a solid foundation of the new nation in its with and persevered through chron- which would stand Madison in good stead for Constitution and Bill of Rights, and to imple- efforts were critical in helping to shape our nation. the rest of his life. ic health issues. As an adult, he was ment that plan. We who are the beneficiaries James Madison possessed many skills and of both the structure of the government and estimated to be between 5 feet 2, qualities: patriot, politician, statesman, author, the laws which have emanated from that plan activist, chess player (as you brush up on your inches, and 5 feet, 4 inches, tall and to as amended remind ourselves practically Some References: weigh between one hundred and one chess skills, you will recall why it is tellingly daily of the rights and responsibilities under hundred and twenty pounds. He was significant that Madison liked to play chess that plan as we go about our day-to-day lives, Mary Sarah Bilder, “James Madison, Law so much), well read in the law (although not including following the news of the day, as typically well-groomed and preferred Student and Demi-Lawyer.” Law and History a lawyer), an effective listener and note-tak- reported by the press and other media outlets. Review 28, (2010): 389-449 to dress in black. He was described as er, purpose-driven, yet flexible, supporter of The power of discernment is one of the most being a genius. religious liberty and conscience, legislator, important powers which a citizen can learn. Madison continued on page 22

overhead visual simply to bore you!) I have Using Simple Illustrations for Clarity found my clients become more involved and attentive when I begin to visually illustrate by Linda L. McCausland the legal concepts or plea parameters. The use of an illustration is especially important for the client for whom listening is not the best learning style for complete understanding. A simple ratio picture. It doesn’t have to be perfect to Allow me to demonstrate using a plea broken get the point across that there are four pieces. Does your In detention now into an illustration. client have a range of one year (one piece) or a possible “The Commonwealth has offered you four years (the entire square colored in). ≤ 21 days between only one year to serve. It is the low end of the guidelines. The high end is four years.” This is a vague concept, so to make it con- auditory, visual, kinesthetic, etc. An auditory crete you draw a circle or a square and cut learner uses information from hearing, so a Trial or plea it in fourths for the total possible sentence, visual cue may not be as effective. Yet most and color in one-fourth to show the amount people use visual cues to understand things ≤ 30 days between if in detention of time offered at the low end. The client has and the illustrations help. Some clients would seen pizzas, cakes, sandwiches, and such and benefit from kinesthetic, moving or touch, readily understands a fourth of something. It to understand concepts of quantity, such as becomes clearer that the offer is only a small Social History clapping three times in contrast to fifteen piece of what the client could possibly serve in times for a plea offer. With a little creativity DJJ Probation the local jail or penitentiary. and practice, your clients may not only better For juvenile clients, the flow chart be- understand their cases but be more confident comes an attorney’s friend to clarify how the in your ability to communicate effectively Post-Dispo Up to 30 days + probation juvenile process will work for them. As soon with them. n Intensive Probation as I begin to draw something onto the page, my juvenile clients will lean forward to watch. I explain each part as I go and illustrate it as An example of the juvenile process for a client without certification or transfer possibilities. If a certification or transfer is I go. My example isn’t perfect. I’m not trying part of the client’s future, then I amend the trial box and make a line to connect to the other option of the circuit court to create art, but to express a concept using an possibilities. illustration. Endnotes After I have drawn the diagram, the 1 Ebbinghaus, Herman. (1913). (H. Ruger, & C. client better understands where they are in Bussenius, Trans.) “‘Memory’: A Contribution to the process and how long they could possi- Experimental Psychology,” New York, NY: Teachers Many clients don’t have the legal founda- College. [Unstructured data may need seven repeti- Have you ever tried to explain a bly be held in the detention home awaiting a tions or more with each repetition contributing less tion on which you can build concepts. Even concept or plea offer to a client who trial, plea, or transfer or certification hear- than the previous, commonly called the Rule of 7.] a client who has been in the legal system for ing, and what happens afterwards. Usually, 2 Educators have used the four modalities of learning simply stares at you blankly or gets years may still not have the understanding for years in an effort to get the information to the during the drawing of the juvenile or circuit students: visual, auditory, kinesthetic, and tactile angry at you as if you are talking in a that is required for an appropriate decision court process, the juvenile client calms down learning styles. Many learners are auditory or visual foreign language? The human brain in his or her case. In the case of the client I and becomes more attentive. A roadmap of learners. By including illustrations, the visual learn- referenced in the preceding paragraph, I was the process shows the destination. The client ers get the clarity that is needed for understanding. can take in information only when the sixth attorney to have one of his cases. is more likely to be willing to discuss what the the information is understood and a Of course, your client may believe he or she case is about when no longer anxious about foundation of understanding exists.1 understands the legal concept, when in fact all what is happening to them. the client may be familiar with is a few words Without this understanding, the client The illustrations or flow-chart can then you are saying. Imagine someone rattling be given to the client to refer to in the future. may use the words grammatically cor- out multiple words about a subject you don’t The client may later refer to what was dis- rectly, but have no idea what concept know anything about, and then saying that cussed, which may help prevent a telephone you are using. I had a client who could if you cannot follow everything to the letter call to you to revisit what was explained. By you will spend the rest of your life in confine- taking a few minutes more with your client, Linda McCausland is an assistant public defender parrot back the words as if he under- ment? Lots of pressure — don’t you think? you may actually be saving time in the long in the Hampton Roads area whose practice mainly involves indigent juvenile and domestic cases. Ms. stood. I listened carefully to discover Confusion leads to the anxiety the clients feel. run. McCausland has worked in this position for almost 14 that he hadn’t a clue, thus showing Your clients can increase their under- Illustrations and flow-charts give the cli- years and has dealt with 3,500 cases. She has spoken standing of the legal process or plea if you add ent information auditorily and visually, which on the school-to-prison-pipeline on NPR and has the skill of listening is essential for an 2 advocated for using social science in rehabilitation of a visual aspect. (Even if you thought your increases understanding in the majority of cli- juveniles. She is a member of the Board of Governors effective lawyer. teachers wrote on the blackboard or used an ents. Everyone has a preference for learning: of the Virginia State Bar Senior Lawyers Conference.

on training and resources created an online tutorial and a frequently asked questions sheet Virginia WINGS: for family members and others seeking to be appointed as guardians and/or conservators. The Supreme Court of Virginia and Community The committee also revised and updated the standard pamphlet on the duties of the Stakeholders Work to Improve Adult Guardianship guardian and conservator that clerks must provide to those who qualify to serve. These by Erica F. Wood resources are available on Virginia’s judicial system website.

Guardianship Monitoring practice has remained uneven and, in some Unlike other state guardianship systems, cases, can be abusive. Accounts of inappropri- guardian and conservator reports in the ate, overbroad, or abusive guardianships have Commonwealth do not go directly to court. appeared in the media in many states. Instead, guardianship reports are filed with Making lasting changes in guardianship the local Adult Protective Services (APS) is an uphill battle because practices differ program, and conservator accountings are markedly by court and by state, cases are filed with the local commissioner of accounts. complex and often fraught with medical and The work of the WINGS monitoring commit- ethical issues, and funds and research are tee has focused on the required annual report scarce. If guardianship is going to change, the of the guardian — especially the fact that it is court cannot do it alone. It will take ongoing, a self-report, and there are no “outside eyes” collective efforts by courts and a range of on the welfare of the incapacitated adult. community stakeholders. Another problem is that sometimes reports In the past decade, several states have are not timely filed with APS. Discussion by piloted WINGS with small amounts of federal the WINGS committee on monitoring has funding. Other states — like Virginia — con- thus far resulted in 2019 legislation concern- vened WINGS or similar guardianship reform ing guardians who fail to file their reports to stakeholder groups on their own. WINGS APS. The new measure authorizes the court is based on a theory of social change called to issue a summons or rule to show cause “collective impact” — “the commitment of a following APS notice of delinquency when What are the Priorities? In November 2016, Chief Justice the guardian has failed to file the report. There are many aspects of adult guardianship

Donald Lemons joined a growing practice in Virginia with a critical — and number of voices in champion- Where Are the Data? sometimes urgent — need for improvement. Like most other states in the nation, Virginia Unlike other state guardianship systems, guardian and ing a step toward statewide adult Virginia WINGS stakeholders have set has had very little available data on adult guardianship reform. He created a preliminary priorities for improvements — guardianship — who is served, who is serving, conservator reports in the Commonwealth do not go an adaptive list to be re-assessed over time. Working Interdisciplinary Network of and other information about the case and Important issues include a lack of data, in- process. This makes court oversight a chal- directly to court. Guardianship Stakeholders (WINGS), consistencies in practice throughout the state, lenge. The WINGS data committee reviewed convened by the Office of the and the need for regular screening for less re- the court’s statewide case management system strictive decisional options. They highlighted Executive Secretary of the Supreme and suggested changes. Now the system can the need for judicial training on guardianship accurately report, for example, the number of Court of Virginia. ethics, help for family guardians, monitoring guardianship and/or conservatorship filings group of important actors from different sec- of cases post-adjudication, uneven filing of and appointments. Other changes include tors to a common agenda for solving a specific The Chief Justice’s opening remarks at the guardian reports, follow-up actions by the the ability to generate reports that will help social problem.” Under the collective impact first WINGS meeting highlighted the impor- court — and more. All of these reforms face monitor the court’s receipt of the copy of model, “large scale social change comes from tance of problem-solving mechanisms that obstacles and insufficient resources — yet are the annual guardian report from APS. Such better cross sector coordination rather than could address challenging issues such as adult key to implementing best practices. The group data can have a significant effect on the court from the isolated intervention of individual 1 guardianship. The members he had appointed identified three initial objectives and created a process and, ultimately, on the lives of adults organizations.” were a diverse group of professionals in the committee to tackle each. subject to guardianship. The mericanA Bar Association judicial, legal, aging, disability, health care, Commission on Law and Aging, with a grant and guardianship arenas. They began learning Help for Lay Guardians National Birdseye on Guardianship from the U.S. Administration on Community from each other right away, as each brought The first objective was to improve and Practices and WINGS Living, funded seven state courts and provid- different perceptions and pieces of the guard- update training resources for lay guardians Nationally, while adult guardianship laws have ed technical assistance to WINGS nationwide. ianship puzzle to the table. throughout the state. The WINGS committee changed significantly in the past 30 years, The ABA Commission’s WINGS website gives

20 VIRGINIA LAWYER | February 2020 | Vol. 68 | SENIOR LAWYERS CONFERENCE www.vsb.org www.vsb.org SENIOR LAWYERS CONFERENCE | Vol. 68 | February 2020 | VIRGINIA LAWYER 21 ADULT GUARDIANSHIP a brief overview and contact information for close to 25 cur- implications including the likelihood of a greater number of rently existing state WINGS or similar groups at http://ambar adults in need of guardianships and/or conservatorships. The .org/wings. These groups generally have strong court support, Virginia WINGS network will continue to serve as a prob- Nominate an Outstanding Lawyer for the have identified priorities, and recognize that interdisciplinary lem-solving mechanism to offer recommendations to enhance Tradition of Excellence Award stakeholders must come together in order to create change. the quality of care and quality of life of adults in, or potentially in, the guardianship and conservatorship system.” n Virginia WINGS: An Ongoing Problem-Solving Forum The General Practice Section’s 32nd Annual Tradition of Excellence Award Virginia WINGS has continued to meet twice a year, coordi- Endnotes will recognize an outstanding Virginia lawyer who “embodies the highest 1 Kania & Kramer, Stanford Social Innovation Review, Winter 2011. nated by Paul DeLosh, director of the Office of the Executive tradition of personal and professional excellence in Virginia, enhances the Secretary of the Supreme Court of Virginia’s Department of image and esteem of attorneys in the Commonwealth, and has devoted sig- Judicial Services. The stakeholder group includes judges, clerks nificant amounts of time, efforts, and/or funds to activities that benefit their of court, attorneys, APS, aging advocacy groups, disability community.” groups, the statewide public guardianship coordinator, and representatives of key stakeholder organizations. Nominees must be current members of the Virginia State Bar in good stand- DeLosh observed: “This broad-based and multidisci- ing who have practiced for a minimum of ten years, five of which must be in plinary approach provides a network to facilitate the exchange general practice. More information is on the website at http://bit.ly/GP-nom. of ideas through evaluating practices, recommending standards and processes, identifying resource issues, and improv- Submit by April 6, 2020, in writing to: 2019 Tradition of Excellence Award ing public and court education.” He emphasized that anyone Erica F. Wood was assistant director of the American Bar Association VSB General Practice Section Recipient John Randolph Nelson with comments on how adult guardianship works or should Commission on Law and Aging from 2005 to 2019. Associated with the ABA Commission since 1980, Wood worked on issues concerning adult 1111 East Main Street, Suite 700 work in Virginia is welcome to come to a WINGS meeting. guardianship, health and financial decision-making, legal services delivery, Richmond, Virginia 23219-0026 He underscored the ongoing support of Chief Justice Lemons, dispute resolution, health and long-term care, and access to court. In 2013 or via email at [email protected] who said: “Approximately 18 percent of Virginia’s population she received the Isabella Horton Grant Guardianship Award from the National College of Probate Judges. In 2016 she was appointed by the gov- will be 65 years of age or older by the year 2030. This aging of ernor to the Virginia Commonwealth Council on Aging. She is a member the population will have wide-ranging social and economic of Virginia WINGS.

Madison continued from page 17 When you retire, your law degree doesn’t have to. David O. Stewart, Madison’s Gift: Five Partnerships That Built Lynne Cheney, James Madison, A Life Reconsidered, New America, New York, Simon & Schuster, 2015 York, Viking Penguin, 2014 “The Life of James Madison,” www.montpelier.org/learn/ Joseph J. Ellis, The American Dialogue: The Founders and Us, the-life-of-james-madison New York, Knopf, 2018 James Madison, “Writings,” Library Classics of the United Noah Feldman, The Three Lives of James Madison: Genius, States, Inc., New York, NY, 1999 n Partisan, Patriot, New York, Random House, 2017

Richard Labunski, James Madison and the Struggle for the Bill of Rights, New York, Oxford University Press, Inc., 2006

Edward J. Larsen and Michael P. Winship, The Constitutional Convention: A Narrative History from the Notes of James Madison, New York, Modern Library, 2005

Michael Meyerson, Liberty’s Blueprint: How Madison Frank Overton Brown Jr. concentrates his practice in the areas of wills, and Hamilton Wrote the Federalist Papers, Defined the trusts, estate planning, and related tax matters. He is a fellow of both the Constitution, and Made Democracy Safe for the World, New Virginia Law Foundation and the American College of Trust and Estate York, Basic Books, 2008 Counsel. He received the VSB Tradition of Excellence Award in 2006. Transition into emeritus status and practice only pro bono. He has been an adjunct professor of law at University of Richmond Law W.W. Scott, A History of Orange County, Virginia, Richmond, School and commissioner in chancery of the Circuit Court of the City of For questions about the program, contact the VSB Pro Bono/Access to Legal Services department at (804) 775-0522. Richmond. He is co-founder of the University of Richmond Annual Estate VA, Everett Waddey Co., 1907 Planning Seminar, held annually for the last 48 years. He is the author of To start the application process toward emeritus status, call (804) 775-0530. the Virginia Probate Handbook, published by Thomson Reuters.

and that opportunity starts with the initial same calming demeanor and a speaking voice consultation. It takes patience to be a family that would make James Earl Jones envious. In lawyer. I am not just the attorney; I am also fact, Joshua once considered a career doing that counselor-at-law, which is equally as sig- voiceovers, and there is no doubt that his nificant. When Professor Conway emphasized voice would be an asset in any courtroom. the role family lawyers could play in stabiliz- ing a decaying family unit, I couldn’t wait to become a family lawyer.” “I have an opportunity to make a difference and that In addition to being a member of the opportunity starts with the initial consultation. It VSB Senior Lawyers Conference, Wilson has two children who are members of the VSB takes patience to be a family lawyer. I am not just the Young Lawyers Conference: Victoria, who works in Wilson’s family practice and joined attorney; I am also that counselor-at-law, which is the Virginia State Bar in 2018, and Joshua, a equally as significant.” defense attorney with the NovaLegalGroup, P.C. in Alexandria. Wilson says she went into private practice Both mother and son practice in areas right from the start because she knew the of the law that involve adversarial relation- difficulties of trying to balance law firm ex- ships, tense human emotions, and sometimes pectations with raising children. “One of the tragic outcomes. When asked how she copes, reasons I became self-employed is that during Wilson says, “You need to think of yourself as the time when I was coming out of law school, a triune being. There’s the spiritual person, or law firms had certain expectations of what higher self; there’s the physical person, which they wanted. My husband and I already had is the exercise component of it. And there’s a child, so I had to be mindful of the fact that the psychological piece where you have to stay I needed to be available to my child. Rather mentally grounded in ways that you’re not al- than accept a traditional law firm job where lowing your client’s problems to become your I knew what the expectations were going to problems. When I think of lawyer wellness, be in terms of billable hours, I saw going into I feel matters of spirituality receive the least practice for myself as a more realistic option. amount of attention. I’m comfortable openly Self-employment gave me the ability to con- discussing prayer, meditation, quiet time, and Deborah Wilson: trol my time and decide on the types of cases the importance of being centered.” that I could accept. I didn’t just have to take Spirituality plays a large role in Wilson’s “I Still Love Practicing Law” anything that came through the door, and for personal life as well as her professional life. by Deirdre Norman me that was a blessing.” Her father-in-law is a minister, and she often When asked how she managed to raise openly discusses the positive benefits of spir- not one but two lawyers, Wilson says that ituality with clients and other lawyers to help Anyone who took Psychology 101 Wilson says an internship with the Victoria and Joshua spent a great deal of time them find balance amidst sometimes adver- in college probably remembers reading Congressional Black Caucus while she was at her office as children — copying docu- sarial and acrimonious negotiations. about the Holmes and Rahe scale that a full-time day student at Georgetown Law ments, typing, emptying the trash, and just Says Wilson, “I was actually asked to placed getting a divorce as second when led her into family law because she ended up getting things done. “And I think as a result, write and deliver my longtime friend, Judge doing one semester at night to make the in- scoring life’s most stressful events. And somewhere along the way, it may have rubbed Manny Capsalis’ invocation at his swearing ternship work. She readily admits that she was anyone who has actually gotten a divorce off a little bit, just seeing things going on in in ceremony. He is a big believer in service heavily influenced by her family law professor. the business.” and balance as key components of lawyer might even place it first. Yet, sitting in “He was really focused on the family as Joshua, who is 6'6," played college basket- well-being.” the serene office of Fairfax family law- an institution,” she says. “He emphasized that ball for the University of Mary Washington Joshua also believes in church, exercise, yer Deborah A. Wilson, across from her you need to focus on the family as the most and was initially interested in sports and and separating work from home as paths gentle, smiling face and her soothing important institution in our society. And if we entertainment law when he decided to attend to lawyer well-being. “I come across attor- voice, it’s easy to imagine that many of her can approach each case from that standpoint, Howard University Law School. Today, he neys who can’t compartmentalize, and they clients who have navigated these troubled you have a real opportunity to help someone handles a variety of criminal and personal sometimes forget that this is just a job. This waters have felt very fortunate to have facing a crisis make a life-changing decision. injury cases and continues to play basketball Wilson in their corner. I have an opportunity to make a difference in local men’s leagues. He shares his mother’s Wilson continued on page 29

ing. And there are planes hanging down. Then The crazy thing is, the situations de- Writing Wills for Super Collectors you notice the middle of the room contains scribed in this article are based on reality. And what looks like a three-foot high space shuttle these various situations contributed in a posi- by Jeffrey B. Sodoma — that’s the Defiant Launch Complex, the tive way toward me wanting to a) be a lawyer, G.I. Joe space shuttle. And it is right next to and b) handle estate planning and elder law a seven-and-a-half-foot long aircraft carrier, clients. It is interesting to me that things with its deck full of men and airplanes. That’s have come full circle, so to speak. I have seen the USS Flagg, the jewel of the collection, a collection of G.I. Joe action figures like I sitting there. There have got to be over 10,000 described above. And I have seen a model little action figures, 500 vehicles, and count- railroad with the humongous scale of what I less pieces of rare artwork, not to mention all mention above. These types of collections are the irreplaceable “test figures” or prototypes NOT rare. They are not commonplace — the that snuck out of the manufacturer’s facility average collector of various items just has and ended up here somehow. You back slowly a modest size stash of their favorite movie out of the room, in awe, not sure of your next property tie-in items, or toys from their child- step with this massive collection — because hood. Those smaller collections are usually there is absolutely no mention of this in the not big enough to worry about when serving decedent’s will. in a lawyer’s capacity as an executor/estate Slowly, you walk down the hallway to the administrator. The smaller collections can be kitchen, shaking your head. You remember liquidated in an estate sale or by distribution that the house has a basement too, and you to interested heirs or family members. The find the door to the basement right off the ideal situation exists when the will actually kitchen. When you flip on the light in the informs the executor what exactly is supposed staircase, it illuminates a path to the lower to happen to the collection. What happens level, and you proceed down the stairs. The when it doesn’t? What are we as lawyers sup- stairway leads to a wall, and you must turn posed to do? around when you reach the bottom stair The main concern when probating an es- Monday morning, you gain access to the landing. What you see next takes your breath Let’s just say that you’re an tate is getting everything where it is supposed decedent’s house. It’s a two-story ranch on away. The entire basement is filled, from floor attorney who writes a will for a mid- to go, and protecting the assets of the estate, the outskirts of town, with a basement. The to ceiling, with miniature mountain ranges so that when they are marshalled together and dle-aged single man in a little town and scenery. Running through the scenery are neighbors mosey over to speak with you while sold, the proceeds can be given to the bene- thousands of feet, on three levels, of model somewhere in the United States. Let’s you’re fiddling with the door lock. One of ficiaries as quickly and efficiently as possible. railroad tracks. It is, as you find out later, them mentions the decedent’s name and says We cannot possibly be expected to be experts call the town Springfield. The will is an HO-scale model railroad that uses selec- something about him liking toys and model on the value of every single toy line produced drafted and finalized according to all tive compression to represent the Atchison, trains and keeping to himself. You knew noth- between 1950 and 2010. Similarly, what of the applicable rules of the jurisdiction. ing about this. Topeka & Santa Fe Railway in 1976 between Los Angeles and California. There are cities, It’s signed, notarized, stamped, and When the door opens, you find a normal entryway, kitchen, and living room. Upstairs towns, and open prairies, mountains, and Those smaller collections are usually not big enough to sealed in an envelope, and placed in a everything else you can imagine. Amazingly there are a couple of bedrooms and two bath- worry about when serving in a lawyer’s capacity as an safe deposit box. Your bill for the legal rooms. The decedent was using the upstairs enough, in the corner of the basement, there is a full-scale diesel locomotive cab, or a bedroom as a master. You head back down- executor/estate administrator. The smaller collections can services is paid and life is good. wooden copy of one, with real locomotive stairs to find the master bedroom. When you controls in it. It is electronically wired to the open the door, you notice the room is dark, be liquidated in an estate sale or by distribution to inter- A month later you find out the man has been control system of one of the model locomo- and there is a dry feeling to the air. You flick killed by a random moving company’s truck. tives, which is also equipped with a camera so ested heirs or family members. on the lights and find the entire room is full Let’s call the moving company ARBCO. The that the pretend “cab” is actually acting as a accident was not the fault of the truck driver, of shelves lining every wall. They are wood model railroad locomotive simulator. and the process of the estate’s administration shelves stacked on bricks and go from the There is a room off to one side of the the other collectable ephemera that people grinds into motion. You’re the lawyer who is floor to the ceiling, with a space of about 6 basement with shelves and shelves of model accumulate? How do you know, for instance, named in the will as executor. Things proceed inches between shelves. And they are all full railroad rolling stock — hundreds of pieces if that one poster from the movie Soylent normally, and you start to administer the will. of little toy soldiers — G.I. Joe action figures — that are all behind glass covers that slide Green is a modern reproduction or an original There are no wives or children to notify. made between 1982 and 1994. They stand at to allow access. You walk around looking at classic? And what if there is an entire room First step, obviously, is to marshal the attention in rank and file order, all the way this massive display and you shake your head full of movie posters? How about walking into assets of the estate and notify the beneficia- around the room. And their vehicles. And again. None of this was dealt with in the will, a garage and finding shelves floor to ceiling ries. Everything is supposed to happen as books about them. And the ceiling is covered either. No disposition was made for the mas- with 100-year-old medicine bottles, like phar- governed by the will. So, on some random in original artwork from the toy line packag- sive train collection! macies used to use? And some of them are full

26 VIRGINIA LAWYER | February 2020 | Vol. 68 | GENERAL INTEREST FEATURES www.vsb.org www.vsb.org GENERAL INTEREST FEATURES | Vol. 68 | February 2020 | VIRGINIA LAWYER 27 GENERAL INTEREST COVER STORY of who-knows-what? This whole area is a the other entity and make sure they can Wilson continued from page 25 potential minefield for lawyers. accept the donation — and whether they If you are responsible for an estate, have the operating budget to deal with the is not necessarily your life, or what defines you. Therefore, with her three grandchildren. Her secret passion and the one you have a fiduciary duty to obtain the influx of the items from the collection. you’ve got to take the emotional aspect out of things. The that almost caused her to leave college and run away to Seattle best value for assets in the estate that attorneys who put their own emotions into it, they run that with a band is singing, something she shares with her music are disposed of, correct? Certainly, the If the client is not willing to provide risk of having issues when they get back home.” A competitive producer husband, Chuck. Today, it’s very difficult to imag- attorney codes of conduct in most states information or disposition on the items/ high school basketball star, Joshua had two technical fouls his ine Wilson singing in lounges in Seattle, but she admits that stress as much. In most cases, assets collection, the lawyer’s hands may be tied. freshman year, listened to what his coach had to say, and never she did sing “The Lord’s Prayer” at Joshua’s wedding. She also are fairly easy to value and classify. Often, however, we see The first the lawyer would know about the collection would be got another after that in either high school or college. Today, recalls a time that a now retired judge found out she could sing many stories involving people finding original copies of the as described in the opening sections of the article. In this case, he balances a vibrant law practice while parenting three young and asked her to sing in his courtroom. She did not disappoint Declaration of Independence in the back of a picture frame I would recommend that the lawyer contact an estate sale spe- children with his wife, Sara, who is the daughter of a former him. they found in the attic or taking some antique doodad into the cialist who may recommend a specialist in the particular type Antiques Roadshow and discovering it’s worth $1.5 million. of collectible. Where can you start when faced with a situation Lutheran Minister. And back in the day, when a Georgetown law professor And we are seeing an explosion of stories about the rise of the as described in the opening paragraphs? Wilson laughs when she admits that her childhood at- learned of her singing ability, he baited her into singing in “super collector” who had 47 different, low-mileage 1960s Ford Most classes of collectibles have their own “group” or traction to the law was fictional television lawyer Perry Mason front of approximately 200 students in her law section. She Mustangs in a garage in Wyoming, or an entire house of G.I. association. For model railroads, there is a group called the because he was measured, methodical, and almost never lost may seem reserved, calm, and unflappable, but Deborah Joe action figures from around the world, unopened, that sold National Model Railroad Association. Stock certificate collec- a case. Beyond Perry Mason, she noticed that, “I grew up in Wilson isn’t going to back down from a challenge: that day she at auction for upwards of $500,000. These unusual collections tors have a group. Stamp collectors, too. There are also groups an era where laws were not necessarily equally applied to all sang “Misty” for her classmates. She laughs that she is occa- are often difficult to value, and yet we as attorneys need to be of people who collect medicine bottles, Coke bottles, or Dr. members of the community. And so the people who were ac- sionally teased to this day about that performance. ready to help the beneficiaries figure out what to do with all of Pepper bottles. With more “modern” items, you will often find tively involved in the com- When asked about her these items. informal groups on Facebook or other social networks. There munity seemed to make future plans for retirement, There are some courses of action when you are dealing are hundreds of groups of specialized collectors out there. You a difference. And those “You need to think of yourself as a triune being. Wilson says she will know with “collectors” who are trying to plan their estates. may have guessed that I am a member of groups on Facebook people were the lawyers.” when she knows. Wilson 1. As part of your intake paperwork, attorneys should that deal with G.I. Joe, G.I. Joe Comics, Transformers, After becoming a law- There’s the spiritual person, or higher self; there’s loves her work, and like inquire if their client or prospective client has a collection M.A.S.K., and a few other toy lines. There are groups for people yer, Wilson was mentored many solo practitioners, she of anything, or if they may have assets that are objects who collect life-sized (real) railroad signals. Check around by the Hon. Gerald Bruce the physical person, which is the exercise often donates her time to in their possession. A client may not consider herself a on social media and find these networks. Join the biggest one Lee, who retired from the cases and individuals who collector, but if she has 27 Prada handbags in her closet, and contact the frequent posters. In each group, you’ll likely U.S. District Court for the component of it. And there’s the psychological may not be able to afford this would count as a major asset. Attorneys need to know find the super collectors who might be willing to help you. Eastern District of Virginia her usual fees. about these things. Certainly, there are people that deal with various collectible piece where you have to stay mentally grounded 2. If the client confirms that they are a collector, or even items who are pricing specialists, because they buy and sell so after serving from 1998 She says of the law, if they “dabble” in collecting, or you determine that the much in the marketplace. These are the types of people you to 2017. Judge Lee was an in ways that you’re not allowing your client’s “Early on in my practice, I client has a collection of specialized/collectible assets, the need to look for and learn from. excellent role model who would speak to high school attorney should ask: It is important to remember that we must serve our cli- encouraged Wilson to be- problems to become your problems.” students about their careers a. Do you have an inventory of the collection/grouping ents as best we can and take care of their assets — and maxi- come involved not only in and one of the things that of assets? mize the value of those assets — for their heirs. Hopefully this her community, but also in I would tell them is that b. When was the last time the inventory was updated? article will provide some assistance to you the next time you Bar service, where she has when they’re trying to make c. Ho w often do items in the inventory change in num- open that door on a room full of old IBM Selectric typewriters. served in a number of roles at the Virginia State Bar, including career choices to choose something you enjoy so much that ber or type? Or stuffed animals. Or Atari-2600 game cartridges... on the Disciplinary Board, the Judicial Candidate Evaluation you would do it for free. d. Do you have a valuation for the collection? Committee, and on the Professionalism Course Faculty. “And years later, as a young lawyer working on a court-ap- e. Is the collection insured? In her lengthy career, and as the mother to two lawyers, pointed case that would later go on to be cited over 700 times f. Is the collection protected from fire/water/sun/other Wilson has a perspective not many lawyers have. She still in Westlaw and resulted in a 13-page published opinion, I damages? loves the law and going to court. When asked what changes calculated that I probably made about thirteen cents an hour g. What do you want to happen to the collection upon she worries about for the future of law she says, “Technology on that case! your death? is beginning to really dominate the profession. When I first “So, I suppose I did a very good job of following my own 3. If the client’s collection is big enough and valuable enough, started out, computers were just coming into existence and it advice.” n you and the client may wish to consider a trust. was years into practice before most of us were even familiar 4. If the client has no idea about what to do with the collec- with the concept of ‘online.’ But now everything is online. I tion after their passing, you and the client may: a. con sider forming a trust, with the collection going to think with all of the advances with computers and everything Jeff Sodoma is a solo practitioner in Virginia Beach and a member of VSB being online, it’s a blessing and a curse: a blessing because of the trust. Bar Council. His firm handles estate planning and elder law issues with b. consider donating the collection to a museum or a unique “mobile practice,” allowing him to assist clients throughout the the quick access and curse because it compromises privacy. I other charitable organization. Commonwealth. His wife, Melanie, is a nurse, and they have two children, am concerned, and this is perhaps because I’m old fashioned.” with another on the way in mid-summer 2020. He received his BS and BA In her free time, Wilson enjoys writing fiction, working 5. If the collection will be given to some other entity (benefi- from Northeastern University, an MPA from the University of North Texas, ciary or charitable organization), you may wish to contact and his JD from Regent Law School. on a screenplay, exercising, meditating and spending time

emotional distress award of $125,000. On the could be offset by section 162 ordinary and Post TCJA Tax Concerns and Implications in Schedule C for 2010 he also included two necessary business deductions. In the “weird deductions” that fully offset this alternative, he argued that the firing actually award, thereby making it tax free. caused him stress leading to emotional Personal Injury Cases The first was a deduction for $23,584 for distress which affected his mind, and since the by Arthur Weiss “legal fees”; the second was labeled simply mind and body are one unit, it led to physical “personal injury” for $101,416. Added injury and sickness. Finally, he raised the together and voila, $125,000 goes from fully time-worn argument that being an employee taxable to tax free. On the 2011 return, he was his business and that he would be entitled likewise included a Schedule C for an to the deductions, once again, under section “unclassified business” including the second 162. The judge properly swept aside all these payment of $125,000, this time offset by a Hail Mary passes and declared that the single deduction titled “personal injury” for emotional distress proceeds were fully taxable $125,000 — once again with a few keystrokes and that any fees or expenses associated with erasing any tax liability for the second this award paid in 2010 could be placed on payment as well. schedule A as an itemized deduction subject The CPA who prepared the returns was to the two percent of adjusted gross income highly educated and had forty years of haircut. As to 2011, the Tax Court disallowed experience in the field. How he could have the deductions and since no expenses were thought this was a legitimate method of paid in 2011, the full amount was taxable, treating the emotional distress damages is up both years incurring penalties and interest of for speculation. Upon audit the IRS disallowed course. the deductions and imposed penalties and Doyle then claimed an “I relied on my interest as well as accuracy related penalties accountant defense” to refute the IRS’ under IRC §6662(a) which bump the amount imposition of §6662 accuracy-related penal- owed by 20 percent. Doyle timely filed his ties, which were substantial. Here the Tax petition to the Tax Court which issued its Court was much more lenient than it might ruling in February 2019. have been. Despite the fact that there was no Prior to 1996, it was much easier to basis in fact or law, no regulation, no statute, With the passage of the Tax Cuts approached the CEO of Wacom with con- obtain tax-free treatment of a personal injury no general counsel memoranda providing any and Jobs Act (TCJA) in 2017, the cerns about corporate operations. He was case relating to employment and other support for Doyle’s position, the Tax Court fired the next week. Doyle threatened to sue taxation of personal injury claims has financial or non-physical injury torts. The found that due to the vast experience of the in U.S. District Court for five causes of action: pertinent internal revenue code section (§104) CPA, the longstanding relationship between changed dramatically. A discussion breach of contract, antitrust violations, civil exempted awards for personal injury (either of those changes and an example will conspiracy, failure to pay wages and wrongful through a court or in settlement, whether in appear at the end of this article. The discharge. The draft complaint did not allege cash or in trust) from gross income. Plaintiffs’ Because of the Tax Cuts and Jobs Act, (P.L. 115-97) this following case was settled before the emotional distress, physical injury or personal attorneys and their accountants had little injury. difficulty shoe-horning every matter into the case is more relevant today than ever. The law in effect TCJA was enacted, and therefore the The complaint was never filed as Wacom definition of personal injury and getting tax during the Doyle matter allowed a successful plaintiff TCJA does not apply to those facts. was eager to settle the matter quickly. Within free treatment for the resulting awards and 60 days, a Confidential Settlement Agreement settlement proceeds. That all changed in 1996 to deduct legal fees under §212 by putting them on the When you throw spaghetti against the wall and General Release was drafted and executed when Congress changed §104 to state that you can expect one of three results — all of between the parties. The agreement called for gross income does not include damages Schedule A under miscellaneous itemized deductions. it will stick, none of it will stick and, finally, a payment of $350,000 for unpaid wages and received “on account of personal physical some will stick and some won’t. A recent $250,000 for “emotional distress damages.” injuries or physical sickness.” In the flush 1 decision by the United States Tax Court Both amounts were paid in two equal language of §104(a) Congress specifically the CPA and Doyle, along with the fact that regarding an award of emotional distress installments in two different years — 2010 excludes emotional distress as a physical Doyle had little to no experience in taxation, damages falls into the third category. and 2011. For each year Doyle received a injury or sickness. Under black letter law, the Tax Court wiped out the accuracy related Dan Doyle was very good at what he W-2 for the unpaid wages and a Form 1099 Doyle owed the taxes on the emotional penalties. did. During the time he worked for Wacom for the emotional distress damages. distress award. Because of the Tax Cuts and Jobs Act, Technology Corporation (2008–2009) he had Here is where the story gets strange. At trial, Doyle attempted to maneuver (P.L. 115-97) this case is more relevant today a significant impact on the profitability of the Doyle properly declared the income on the around section 104 by claiming first that he than ever. The law in effect during the Doyle company, lining up contracts with some of the W-2 of his 2010 tax return but attached to the had a legitimate business as a consultant and matter allowed a successful plaintiff to deduct biggest names in the technology industry same return was a Schedule C for an “unclas- that the emotional distress money was including Dell, HP and Lenovo. In 2009, he sified business” on which Doyle reported the actually income to this business and therefore TCJA continued on page 37

segregation cases. While at the U.S. Attorney’s “I see all of these young lawyers…who In Celebration of William T. Mason Jr.’s 93rd Birthday Office, he represented the government in both have only been practicing for 30 years,” Mr. criminal and civil matters. Mason joked at the end of the party as he en- and 68 Years of Service to the Virginia State Bar As the living historian of SHRBA (and couraged those in attendance to keep working never one to be sorely lacking in recalling vital at the practice of law. His mantra is “live long by Jamilah D. LeCruise details), Mr. Mason provided an oral read- and work hard” and he continues to do that ing of the organization in 2017 in which he today. described the time when black lawyers were Throughout his lengthy legal career, turned away from Virginia courthouses. Mr. Mason has observed and contributed to In 1972, he resigned and opened the law much progress within the legal community firm of Mason and Robinson with William and within Virginia society as a whole. He is a “Billy” Robinson Jr. During the era of mas- constant reminder of how far the legal system sive resistance, Mr. Mason’s personal efforts has come since that time when many of us included the promotion of democratic values would have been barred from practicing in and a commitment to removing barriers to Virginia’s courthouses. free and fair elections such as the poll tax. William T. Mason Jr.’s life and legacy Practicing up until a few years ago, Mr. continue to remind Virginia lawyers that we Mason has received various awards and cannot become complacent or allow the legal recognitions during his career. He has been profession to regress. We must continue to honored as the SHRBA Member of the Year advance the profession, making for a more and has been the recipient of the Lifetime inclusive Bar as well as a more fair and just Achievement Award from the Old Dominion society. It is not merely a birthday wish one Bar Association. might hope to come true, but rather a genuine Most recently, in September, the justices call to action.

left: William Mason Jr. blows out the candles on his 93rd birthday cake. of the Supreme Court of Virginia and the above: The South Hampton Roads Bar Association celebrated the birthday of its oldest living member, and the first black assistant Virginia Law Library recognized Mr. Mason United States attorney in Virginia, William “W.T.” Mason, appointed by President John F. Kennedy. at the unveiling of the Law and Justice Exhibit

On July 24, the South Hampton chant for the CB radio years ago during trips to conferences and his signature call sign: The Roads Bar Association (SHRBA) Grey Ghost. Another attendee spoke about ... the justices of the Supreme Court of Virginia and the Virginia Law Library recognized gathered for a joyous celebration of Mr. Mason’s role as a mentor when she was a its president emeritus, William “W.T.” new lawyer decades ago. Mr. Mason at the unveiling of the Law and Justice Exhibit at the Judicial Learning Center in Mason Jr. He is the oldest living mem- Fellow lawyers and members of the Virginia General Assembly, Delegate Joseph Richmond. He was happily surprised to find that he was featured in the exhibit, discussing ber of the organization, which has Lindsey and Delegate Jay Jones, provided re- school and courthouse desegregation in Virginia. origins dating back to 1923. marks as well. Dr. Kenneth Alexander, mayor of the City of Norfolk, issued a proclamation The City of Norfolk issued a proclamation Judge Raymond Jackson of the United States recognizing Mr. Mason as one of the unsung recognizing Mason as a hero in the civil District Court, Eastern District, and Judge heroes of the civil rights movement. at the Judicial Learning Center in Richmond. rights movement. Gwendolyn Jackson of the Norfolk General William Thomas Mason Jr. was born He was happily surprised to find that he was District Court along with Judge Jerrauld Jones in Norfolk, Virginia, on July 27, 1926. After featured in the exhibit, discussing school and of the Norfolk Circuit Court were among the graduating from Colby College and Howard courthouse desegregation in Virginia. (If members in attendance. Judge Jones recalled University School of Law, he became a you visit the exhibit, you may listen to him fond memories of growing up with Mr. member of the Virginia State Bar in 1951. He and other legal pioneers like Oliver W. Hill Mason in Jones’ father’s peer group of fellow returned to his hometown and opened a law discuss their work at the designated listening Jamilah LeCruise is a graduate of the University of lawyers and how Mr. Mason shared a birthday practice, focusing on real estate cases. stations.) Despite these things, Mr. Mason Richmond and the William & Mary School of Law. with Judge Jones’ mother. In 1963, President John F. Kennedy ap- is not preoccupied with titles or accolades, She manages her own practice in Norfolk. LeCruise has served as Young Lawyers Conference co-chair SHRBA members shared laughter amid pointed Mr. Mason to serve as the first black and perhaps his greatest contribution to the of the Immigrant Outreach Committee and the First stories of his famous “Masonisms” from over assistant United States attorney in Virginia, current generation of lawyers is his ability Day in Practice Seminar. She is president of the South to share past experiences and make them Hampton Roads Bar Association and chair of the the years and tidbits of his shared wisdom. working in the Norfolk office. He worked tire- Young Lawyers Section for the Norfolk & Portsmouth One member talked about Mr. Mason’s pen- lessly as a crusader in the courts on school de- relevant to today. Bar Association.

locality in Virginia administers social services effects. While in foster care, many children for their own locality with guidance from suffer again as they are moved from home to On the Way to Solving the Foster Care Crisis the Virginia Department of Social Services.6 home and school to school, with little to no While this allows localities to address the stability in their lives. And for youth who age in Virginia unique needs of its citizens, it also means that out of foster care, the transition of aging out each county and city are providing social ser- and suddenly navigating adulthood with no by Cassie Baudeán Cunningham vices in different and sometimes inconsistent support can be yet an additional source of ways throughout the state. trauma. The layered trauma the children and The osterF Care Omnibus Bill increased youth suffer create long term consequences the authority of Virginia Department of that can affect them throughout their lives Social Services by increasing the number of socially, physically, mentally, and emotionally. regional staff overseeing local departments These children and youth deserve the support of social services and by requiring Virginia and help of the community to allow them Department of Social Services to establish to heal and become successful, independent mandatory caseload limits for foster care adults. workers in local departments. The bill also The legal community can be a huge created a foster care health and safety direc- part of the solution to this crisis. Once the tor position and provided a mechanism for legal community understands the behavioral Virginia Department of Social Services to responses of children and youth who have intervene in local departments that are not suffered in foster care, attorneys can seek out adequately administering social services.7 pro bono opportunities to help youth who The General Assembly also passed legis- have aged out of foster care as they navigate lation carried by Senator Mason and Delegate adulthood. There are also pro bono oppor- Chris K. Peace to allow Virginia to implement tunities to help children in foster care and the Family First Prevention Services Act their families (biological, foster, or adoptive) (FFPSA).8 This act was passed by Congress as they navigate the legal system to find the and signed into law in 2018. Through FFPSA, best supports for their child. For example, states will be able to access federal funding many families struggle to understand the legal to provide foster care prevention services repercussions and requirements to obtain the to children and their families prior to the appropriate mental health supports to help Virginia is in the midst of a crisis. The legislature was called to action in child entering the foster care system.9 These their adopted children heal from their trauma December 2018, when the Joint Legislative services may include mental health services, histories. Additionally, many youth who age Currently, the Commonwealth has the second Audit and Review Commission (JLARC) kinship diversion, and other services that will out of foster care are unaware of the legal highest rate of youth aging out of foster care issued a report identifying 34 recommen- prevent a child from unnecessarily entering supports available to them and how to access 4 in the country.1 There are over 5,000 children dations to improve the foster care system. foster care. The legislation passed now brings those supports (i.e. how to obtain necessary in foster care, of which over 700 are waiting A month later, during the 2019 assembly Virginia law into compliance with the federal documentation to access supports). to be adopted.2 Many others are waiting to session, Senator T. Montgomery Mason law and will allow the state to begin providing be reunited with their birth family and some and Delegate Emily Brewer launched and those prevention services. are in limbo, unsure of whether they will be co-chaired the first, bipartisan Foster Care The 2019 legislation was a tremendous In Virginia, between 400 and 500 youth age out of foster step in the right direction, but there is more reunited or adopted, or neither. For those Caucus of the Virginia General Assembly. The work to be done — both within the General who are not reunited or adopted, the youth Foster Care Caucus provides legislators the care every year without a family. The outcomes are stark — Assembly and within the community at large. face the possibility of aging out of foster care, opportunity to dive deeper into issues and to The societal cost of having a youth age out of which means navigating adulthood without a create positive changes for the children and within two years, one in five are homeless, one in four are foster care is, on average, $300,000 per youth permanent family or support system. youth in the system. over the course of their lifetime.10 Virginia In Virginia, between 400 and 500 youth Perhaps the most significant piece of incarcerated, and 70 percent of young women are pregnant. needs to continue the momentum in improv- age out of foster care every year without a legislation that passed the General Assembly 5 ing the foster care system and must also work family. The outcomes are stark — within two last year was the Foster Care Omnibus Bill. Carried by Senator Bryce E. Reeves and towards improving the lives of youth who years, one in five are homeless, one in four are have aged out of foster care. Other ways to be a part of the solution passed unanimously, this bill addressed many incarcerated, and 70 percent of young women These are children and youth who have include serving on the board of a non-profit 3 recommendations in the JLARC report. are pregnant. Though the Commonwealth is suffered significant trauma. Children enter child welfare agency, carving out employment To understand the impact of the bill, a long way off from solving its foster care cri- foster care as a result of abuse and neglect by mentorships for youth who age out of foster it’s important to understand the structure sis, the recent work of the General Assembly their caretakers. On top of that, even when care, and adopting children from foster care. of social services in the Commonwealth. has moved us in the right direction, and it is in the best interests of the child to enter The Virginia State Bar has created a handbook Virginia is a state-supervised, locally-admin- everyone in the legal profession can be a part foster care, removal can still be a painful and entitled So You’re 18 that advises young adults of working toward solutions. istered social services system — meaning each traumatic event for the child with long term of the legal responsibilities and ramifications

11 of reaching age the age of majority. The website (soyoure18. TCJA continued from page 31 com) provides additional resources and opportunities for legal fees under §212 by putting them on the Schedule A under with no offset for fees is taxable, resulting in a tax bill of attorneys who may want to get involved. Imagine the differ- miscellaneous itemized deductions. The deduction was subject $80,000 (assuming the 40 percent tax bracket for federal and ence the legal community could make if we banded together to to two limitations: (1) the deduction was limited to amounts state). The client walks away with $53,333. If this comes as a create a network of legal professionals dedicated to solving the greater than two percent of adjusted gross income and (2) the surprise to the client, the lawyer may face some exposure for foster care crisis. Children’s Home Society of Virginia (CHSVA) offers a use of itemized deductions phases out when gross income failing to advise the client properly. The second result will be continuum of services that positively impact both children Cassie Baudeán Cunningham is the policy director for the Children’s reaches certain thresholds. Finally, the deduction could be an impulse to do what Doyle did — try to wedge the settle- Home Society of Virginia and previously practiced family law and served as affected by the alternative minimum tax. The Tax Cuts and ment into either a business or repackage it as a physical waiting to be adopted out of foster care as well as youth a guardian ad litem. She advocates for systemic changes that will improve who have aged out of foster care. CHSVA is a 120-year-old the lives of children and youth with foster care experience. She holds a J.D. Jobs Act swept away many of these concerns when it eliminat- illness, neither of which is likely to succeed. non-profit focused on finding permanent families for children from University of Richmond T.C. Williams School of Law and a B.A. from ed the section on miscellaneous itemized deductions on the The eyk to staying out of trouble is for plaintiff’s counsel to Virginia Commonwealth University. in families and supporting youth who age out of foster care as Form 1040 Schedule A. Under the TCJA, miscellaneous manage client expectations by reviewing the effect of the TCJA they become successful, independent adults. CHSVA works itemized deductions (read attorney’s fees) are not deductible on the overall recovery and then making sure that the tax with children and youth in foster care, as well as families, to for tax years 2018 through 2025. returns filed in the applicable year do not throw spaghetti find the right family for each child. Once adopted, CHSVA This houlds not affect attorney’s fees in two areas: first, for against the wall hoping it will stick. While the number of IRS provides ongoing trauma-informed support to those fam- those cases that involve actual physical injury or sickness, the audits has declined over the years, emulating Doyle is akin to ilies to ensure permanency and stability for each child. In award is not included in gross income under §104; second, for Russian roulette. Don’t play. n collaboration with Better Housing Coalition, CHSVA also those cases involving a legitimate commercial plaintiff, supports youth who have aged out of foster care through The attorney’s fees can still be deducted on either the corporate, Endnotes 1 Daniel R. Doyle and Lynn A. Doyle v. Commissioner TC Memo 2019-8 Possibilities Project, a hugely successful program that provides The societal cost of having a youth age out of individual, or partnership return. However the situation is housing and wrap-around support for youth that allow them grim for an individual non-business owner who receives an to navigate adulthood and become independent.12 The attor- foster care is, on average, $300,000 per youth award in a non-physical injury related matter. In such a case, neys who serve on our board provide invaluable support to the the plaintiff will not be able to deduct the one third contingent furtherance and implementation of our policies and services. n over the course of their lifetime. fee (or hourly fees paid to the attorney) and will be taxed upon the full amount of the award. The attorney’s firm will likewise have to pay taxes on the fee income, resulting in double Endnotes These localities are: Chesterfield and Colonial Heights; Henry and taxation of the attorney’s fees. 1 See Children Exiting Foster Care by Exit Reason, KIDS COUNT, https:// Martinsville; Rockbridge, Lexington and Buena Vista; Staunton and This scenario can have several unfortunate results. The datacenter.kidscount.org/data/tables/6277-children-exiting-fos- Waynesboro, Harrisonburg and Rockingham. first being that the plaintiff’s after tax amount of the award ter-care-by-exit-reason (last visited December 5, 2019). 7 Foster Care Omnibus Bill, SB 1339, 2019 Arthur Weiss JD, CVA, is a tax and commercial attorney in Fairfax with 20 2 Va. Dep’t of Soc. Servs., www.dss.virginia.gov/fosterVA/index.html (Last 8 Family First Prevention Services Act, federal; statutory alignment (HB will be considerably less than he or she expected. For exam- years experience representing small businesses and individuals. He is also visited December 4, 2019) 2014, SB 1678, SB 1679) ple, in an applicable case at settlement a defendant offers a certified valuation analyst, regularly consulting with attorneys on issues of business valuation in acquisitions, partnership and marital dissolutions 3 See MARK E. COUTRNEY, CHAPIN HALL, MIDWEST EVALUATION 9 The amilyF First Prevention Services Act (H.R. 5456 (Family First)) $200,000 of which one third ($66,666) goes to plaintiff’s OF THE ADULT FUNCITONING OF FORMER FOSTER YOUTH: 10 JIM CASEY YOUTH OPPORTUNITIES INITIATIVE, COST and bankruptcy. Mr. Weiss is licensed in the U.S. Tax Court, Virginia and OUTOMCES AT AGE 26 (2011), www.chapinhall.org/wp-content/up- AVOIDANCE: THE BUSINESS CASE FOR INVESTING IN YOUTH counsel. Under the TCJA, the full amount of the settlement Arizona. loads/Midwest-Eval-Outcomes-at-Age-26.pdf AGING OUT OF FOSTER CARE (2013), www.aecf.org/resources/cost- 4 JOINT LEGISLATIVE AUDIT & REVIEW COMM’N, STUDY: avoidance-the-business-case-for-investing-in-youth-aging-out-of-foster/ IMPROVING VIRGINIA’S FOSTER CARE SYSTEM (December 10, 11 See vsb.org/site/publications/sy18 2018), http://jlarc.virginia.gov/pdfs/reports/Rpt513-2.pdf 12 See chsva.org for additional information on ways to become involved. 5 Foster Care Omnibus Bill, SB 1339, 2019 6 In Virginia, there are 120 local departments of social services. In some cases, localities have joined together to provide joint social services. Seeking Nominations for the R. Edwin Burnette Jr. Young Lawyer of the Year Award

Ethics continued from page 10

items that often request input on LEOs and rule changes with a proposed rule change also includes every comment. The R. Edwin Burnette Jr. Young Lawyer of the Year Award honors from Virginia lawyers.1 We are now seeking your comments Lawyers’ comments have made a difference in the outcome an outstanding young Virginia lawyer who has demonstrated dedi- on the proposed rule changes to Rule 1.8. The comments of how a rule or LEO is drafted. cated service to the Young Lawyers Conference, the legal profession, provided by lawyers to proposed rule changes are reviewed Please review proposed amendments to Rule of and the community. It is presented at the VSB Annual Meeting in and scrutinized by the Ethics Committee and sometimes Professional Conduct 1.8 (http://bit.ly/rule1_8) and consider June. The nomination deadline is March 13. Please contact YLC result in amendments to the proposed rule changes. Every whether it should be adopted. Provide your comments to comment is also included in the materials provided to the [email protected]. If you have questions regarding Immediate Past President Brian T. Wesley for more information at Executive Committee and Council before a rule change is a sexual relationship with a client, please contact the VSB [email protected]. voted upon. The appendix provided to the Supreme Court Ethics Hotline at (804) 775-0564 or see the question form at 1 See for instance www.vsb.org/site/news/item/ethics_committee_seeks_ http://bit.ly/VSBethics. n An online nomination form is available at http://bit.ly/YLC-award. comments.

36 VIRGINIA LAWYER | February 2020 | Vol. 68 | GENERAL INTEREST FEATURES www.vsb.org www.vsb.org GENERAL INTEREST FEATURES | Vol. 68 | February 2020 | VIRGINIA LAWYER 37 Access to Legal Services VSB NEWS < Noteworthy Jim Sandman Announces Retirement as Judge and Lawyer Well-being Program President of LSC Launches New Website

After more than nine years as president Sandman is LSC’s longest-serving The Virginia Judges and Lawyers of the Legal Services Corporation (LSC), president, and during his tenure LSC Assistance Program (VJLAP) unveiled James J. Sandman announced that improved the delivery of legal services a new website in November as it looks February 19 will be his last day in the to low-income Americans through toward an expansion this year. position. innovations in pro bono and technol- The ewn website features a clear LSC is the largest funder of civil ogy and new and better uses of data. message about the program’s mission, legal aid programs for low-income Under Sandman’s tenure, the annual recovery stories from people who have people in the United States, supporting congressional appropriation to LSC was used the service, and resources for 132 independent programs with more increased to $440 million — the largest lawyers, judges, law students, and their than 850 offices serving every state, the appropriation in LSC’s history. families. District of Columbia, and the American Sandman said in his letter announc- “We wanted a site that reflected territories. In Virginia, the LSC provides ing his retirement, “I believe LSC is in professionalism and compassion, and funding to Blue Ridge Legal Services, great shape. We have a strong board of that’s really what we think this site does,” Central Virginia Legal Aid Society, directors, led by John Levi and Father says Tim Carroll, executive director of Legal Aid Society of Eastern Virginia, Pius, that is united in its commitment VJLAP. “It’s warmer and more welcom- Legal Services of Northern Virginia, to our mission. We have an outstanding Sandman noted that, at 69, he has ing than what we had before, but it still Southwest Virginia Legal Aid Society, and very experienced team at LSC that some things he would like to do while provides the utilitarian components. We and Virginia Legal Aid Society. works well together. We just received our he still has the energy, including teach- wanted the website to reach people in a Before becoming president of largest appropriation ever and have seen ing, working to improve public educa- more personal way.” Court of Virginia Chief Justice Donald was hired in September. Upcoming LSC, Sandman practiced law with the a $55 million increase in our funding tion in Washington, D.C., and continu- Carroll says they also wanted to W. Lemons was an author, outlined the film work with Virginia CLE will bring global Washington, D.C.-based firm of over the last three years, notwithstanding ing his passion for access to justice in provide resources for someone who isn’t problem and offered recommendations video testimonials to the website. And Arnold & Porter for 30 years, serving proposals to eliminate us. We have broad new ways. going to reach out to VJLAP in person, for change. And a May 2019 report, the Court funding allowed the hiring of as the firm’s managing partner for a bipartisan support in Congress. And we Sandman will be recognized for his but needs help navigating issues on their “The Occupational Risks of the Practice two new field directors in January that decade. He is also a past president of the have a terrific network of innovative, work by the Virginia Bar Association at own. of Law,” spearheaded by VSB Immediate will expand VJLAP’s reach in southwest 100,000-member District of Columbia entrepreneurial, and dedicated grant- the Chief Justice’s Pro Bono Summit on A generous grant from the Virginia Past President Leonard C. Heath Jr. Virginia and Tidewater. Bar and a former general counsel of the ees working tirelessly and effectively to April 1. Law Foundation funded their renaming, identified specific aspects and character- “We know that folks are out there, District of Columbia Public Schools. improve access to justice.” rebranding, and new website. Carroll istics of practice that can serve as a risk and we know that folks could use our says they sought to retain colors and to a lawyer’s well-being. help,” says Carroll. “We’ve been limited imagery from the original website and The upremeS Court of Virginia in our ability to do that before, but now logo. The lighthouse serves a dou- approved a new wellness fee on active we’ve got the new folks and attention to ble meaning: First, it represents The Virginia lawyers last year which will our program. We’re just hoping we can Lighthouse Plan, VJLAP’s ongoing help fund VJLAP, CLE courses, and serve more people and that’s really what Please nominate an outstanding legal aid attorney for the strategic business plan adopted in 2015. other initiatives relating to wellness, we’re here for.” “And a lighthouse is a beacon in the behavioral health, and substance abuse. VJLAP’s new website, which gar- Virginia Legal Aid Award storm to guide people to a safe shore Carroll says 2019 was the dawn nered nearly 500 hits in its first three or to avoid any hazards,” says Carroll. of a new era for the organization, and weeks and was designed by Richmond- “That’s really what we are. We’re that 2020 will bring the expanded vision to based Torx, is at https://vjlap.org. or nominate an outstanding pro bono 3L student for the beacon of hope for people who are suf- fruition. A new, larger board started fering from addiction or mental health in the fall. A deputy clinical director Oliver White Hill Law Student Pro Bono Award issues.” The rganization,o formerly known Nominations Due March 6 as Virginia Lawyers Helping Lawyers, is Details here: www.bit.ly/vsbprobono growing in response to the legal com- The Supreme Court of Virginia approved a new wellness fee on munity’s recent focus on the prevalence active Virginia lawyers last year which will help fund VJLAP, The awards will be presented at the VSB Annual Meeting in June. of addition, mental health issues, and struggles with wellness within its ranks. CLE courses, and other initiatives relating to wellness, A national 2017 report, “The Path to Lawyer Well-Being,” of which Supreme behavioral health, and substance abuse.

38 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 39 Noteworthy > VSB NEWS VSB NEWS < Noteworthy Supreme Court of Virginia Opens Judicial Get on the Ballot for Bar Council Elections

Learning Center Bar Council, the Virginia State Bar’s 1 seat (incumbent is serving unexpired term and is eligible for Circuit 1 governing body, will hold its annual 1st full term) elections by electronic ballot in April for The Supreme Court of Virginia and the Virginia Standards of Learning 2 seats (1 incumbent is eligible for 2nd term; 1 incumbent is terms beginning July 1. Virginia lawyers Circuit 2 Virginia Law Foundation have launched curricula for both elementary and not eligible for re-election) a Judicial Learning Center in the high school students. who wish to be on the ballot must be ac- Circuit 4 1 seat (incumbent is eligible for 2nd term) Supreme Court of Virginia building in The udicialJ Learning Center tive members in good standing of their Richmond that promotes public under- was made possible by a grant from circuit as of March 15, 2020. Circuit 7 1 seat (incumbent is eligible for 2nd term) standing of the rule of law and appreci- the Virginia Law Foundation, the Make sure your contact informa- Circuit 9 1 seat (incumbent is not eligible for re-election) tion is current in the Bar’s records before ation for the structure and function of philanthropic arm of Virginia Circuit 11 1 seat (incumbent is not eligible for re-election) the judicial branch of government in the CLE. During the opening recep- March 15 to ensure that you are eligible Commonwealth. The Judicial Learning tion, Andy Morse, president of the to run and to vote in your circuit — and Circuit 13 1 seat (incumbent is not seeking re-election) Center exhibits provide an overview of Virginia Law Foundation pre- that you receive the ballot. Circuit 14 2 seats (both incumbents are eligible for 2nd term) Virginia’s judicial system, the history of sented Supreme Court of Virginia In order to run, a lawyer must: Circuit 15 1 seat (incumbent is not eligible for re-election) Virginia’s judiciary, and its contributions Chief Justice Donald W. Lemons • file a nominating petition signed by Circuit 18 1 seat (incumbent is eligible for 2nd term) to the development of America’s legal with a plaque commemorating his not fewer than ten other members system. role in the creation of the center. eligible to vote in the circuit 7 seats (3 incumbents are eligible for 2nd term; 3 incumbents Circuit 19 are not eligible for re-election; 1 incumbent is not seeking Visitors may view an interactive For information on sched- The Hon. Donald W. Lemons receives a plaque from (www.vsb.org/docs/petition.pdf), portrait collection of the Justices of the uling a tour, contact the Virginia State Andy Morse. (Photo by Robert Swackhammer) • write a statement of qualifications not re-election) Supreme Court of Virginia, photographs Law Library at (804) 786-2075 or exceeding 150 words,* and Circuit 20 1 seat (incumbent is eligible for 2nd term) highlighting significant civil rights cases [email protected]. A website • provide a digital headshot.** Circuit 25 1 seat (incumbent is eligible for 2nd term) and Virginia’s “Judicial Trailblazers,” and that chronicles the history of Virginia’s File these three things with the ex- listen to oral history interviews about appellate courts may be found here: ecutive director at [email protected] on Election by circuit meeting: * Please do not send statements in pdf landmark cases and advancements. The https://scvahistory.org/. or before April 1, 2020. An election by meeting will be conduct- form. Use a text program like Word Learning Center is designed to address In the statement, describe what is it ed for one seat in the 10th circuit. The or write directly into the body of the about your background that makes you incumbent has served two 3-year terms email in a way that allows for easy well suited to the position and what you and is ineligible for re-election. copy and paste. hope to accomplish as a member of bar The eetingm will be held on April ** Please do not send a headshot that Understanding the Changes to Corporate council. View an example of what voters 22 at 4 p.m. in Charlotte County Circuit is in-line or embedded in the email see at www.vsb.org/site/members/13th_ Court (115 David Bruce Avenue, Char- or statement. Rather, attach it to the Counsel Registration circuit. lotte Court House, VA 23293). email in JPEG/JPG/PNG format. The Council members may serve two Nominations will be made at the photo should preferably be just your On November 1, 2019, the Supreme • possess a J.D. from an ABA-approved refer to https://barexam.virginia.gov 3-year terms but must be re-elected to circuit meeting or by any member eligi- head and shoulders. Court of Virginia amended the rules law school, to begin the process. A lawyer issued a serve a 2nd term. The chart above shows ble to vote in the circuit. No supporting regarding Virginia Corporate Counsel. • be admitted by examination, Corporate Counsel Certificate is con- which circuits have seats available for petition or second for such nomination Before January 1, 2020, under the • be licensed to practice law in the sidered an active lawyer of the Virginia election. will be required. court’s Rule 1A:5, foreign attorneys court of last resort in another state or State Bar and is required to pay to the wishing to serve as corporate counsel to territory of the United States, Virginia State Bar the annual dues a Virginia employer could register with • be in good standing in all other required of regularly admitted active the Virginia State Bar. This was true for jurisdictions in which the applicant lawyers. foreign attorneys under Part I or II of has been admitted, and not currently A Corporate Counsel Registrant the rule. subject to lawyer discipline or pending under Part II of the rule will continue to Join the Leadership of Your Virginia State Bar The mendmentsa effective this disciplinary matter in any other register with the Virginia State Bar. No year require non-Virginia lawyers who jurisdiction, and substantive changes were made to Part Since 1938, the Virginia State Bar has operated as an administrative agency of the Supreme Court of Virginia, unifying wish to represent their employers in • undergo a character and fitness II of the rule. And these rule changes Virginia lawyers into a mandatory state bar. Its mission is fulfilled by hundreds of Virginia lawyers who volunteer their court under Part I to apply to the evaluation and cover the costs of require no action by lawyers certificated time to serve on the many committees and boards that work to improve the legal system in the Commonwealth. Virginia Board of Bar Examiners the investigation and the fee for the under Part I before January 1, 2020. (VBBE) on forms to be provided by application. View the court’s order and find the For more information, go to bit.ly/VSB2020. the VBBE. More specific details can The VBBE will function as the certi- forms for Part II registrants at the VSB’s be found at the board’s website, but, in fying authority for Virginia Corporate website. summary, an applicant must: Counsel, and interested lawyers should

40 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 41 Noteworthy > VSB NEWS VSB NEWS < Noteworthy In Memoriam Edward L. Chambers Jr. Edward L. Chambers Jr. died suddenly member of the March of Dimes, the ation from Joel B. Cooper Calvin Frederick Larson John Thomas Steger of a massive heart attack on Christmas Yorktown Bicentennial Committee, N.C. State, Naples, Florida Reston Midlothian Day, 2019, at his family home in Friends of the Yorktown Victory Center, Chambers November 1930 – November 2019 September 1923 – December 2019 September 1943 – November 2019 Williamsburg at the age of 73. and the Yorktown Arts Foundation. was drafted Chambers practiced law on the Chambers is survived by his wife, Jane, in the U.S. Richard S. Glasser John Sebastian Bomba Mikulsky Edward W. Taylor peninsula for more than 40 years. He his son, Jack, his stepson, Ben, his sister, Army for two Virginia Beach Falls Church Midlothian was a member of the York-Poquoson Gwynn, his loyal cats, and his legion of years where December 1941 – March 2019 May 1982 – December 2019 May 1937 – January 2020 Bar, serving as president from 1988 to friends. He collected friends wherever he considered 1989. Chambers was very active with the he went. Some of his friends had been himself fortu- Virginia State Bar and served on many in his life forever, such as his law school nate to be sent Kemper Goffigon III Matthew Harold Pernick Barbara Starke Tishuk committees and task forces, including and golfing friends, while some were to Germany Cape Charles Oakton Fairfax Bar Council, the Executive Committee, new, like his table tennis buddies. instead of Vietnam. After leaving the September 1919 – December 2019 May 1945 – October 2019 March 1959 – September 2019 and the Committee on Professionalism. Chambers was happily retired Army, Chambers graduated from He was inducted as a member of the from the practice of law in recent years William & Mary Law School and began Ronald Alton Goodbread John Richmon Powell Larry Wise Virginia Law Foundation in 2010. and enjoyed cars, good Scotch, classic his law career. Leesburg Leesburg Chesapeake He also served for many years as a rock and roll, cooking on his Big Green Chambers enjoyed a life well-lived January 1946 – February 2019 November 1952 – January 2020 June 1934 – December 2019 Commissioner in Chancery, as a special Egg, mixing a mean mint julep, and and is remembered with love and re- justice, and as a substitute judge for the ACC basketball. He was devoted to spect by many. Thomas Gustafson Jessica Ann Bonney Reveley Lloyd L. Zickert 9th Judicial Circuit. the Wolfpack at N.C. State University, Salem Richmond Elmhurst, Illinois Chambers was dedicated to serving from which he graduated with a degree March 1931 – October 2019 August 1983 – November 2019 December 1926 – October 2019 his community, working as a board in engineering in 1968. After gradu-

Ulysses P. Joyner Jr. Peer August Segelke Orange Blacksburg November 1932 – December 2019 December 1978 – November 2019 Frank Opie Meade Frank Opie Meade, of Charleston, South Early in his legal career, Meade was R. Harrison Carolina, passed away December 28, commissioned a first lieutenant in the Memorial 2019. Born in Danville, Virginia, on U.S. Army’s Judge Advocate General Fund. He was No One Wants to Talk About Dying November 24, 1929, he was educated Corps and graduated from the Army’s a member of in the public schools of Danville and JAG School, which was located on the the Sons of For most people, death does not come decisions include not only living wills, received his secondary education at the grounds of the University of Virginia. the American suddenly. And yet far too often, people but decisions on who will be an individ- Episcopal High School in Alexandria, He was then assigned to the legal staff Revolution. get to a health crisis with no advance ual’s healthcare proxy and how that indi- Virginia. He attended the University of in Heidelberg, occupied Germany. He After care planning in place. National Health- vidual’s end-of-life care will be handled. Virginia, where he was a member of the returned to Danville in 1958 to practice retirement, varsity tennis team. As his relatives be- law with his father in the firm of Meade, Meade and his care Decisions Day (NHDD) is April Consider reminding your clients (and fore him, he attended the University of Tate, and Meade, specializing in litiga- wife, Jo Anne, 16, a date chosen to remind people that yourself!) that these decisions should be Virginia Law School, graduating 8th in tion. When the Virginia firm of Woods, lived in Hilton Head and Charleston, advance care or end-of-life planning discussed and put to paper while a per- Keep in touch! his class, and was elected into the Order Rogers and Hazelgrove established its South Carolina, where they have been remains one of the most important and son is still healthy enough to thought- of the Coif. Danville office in 1990, he became its active in its affairs. Meade, also an yet often overlooked aspects of life. After fully consider their options. Make sure you are getting During his professional career, Mr. senior resident partner. His retirement avid golfer, continued in competitive all, as Ben Franklin observed, nothing More information on the topic and our monthly VSB News and Meade was a member of the Danville in 1996 brought an end to the family’s tennis in the state, and the southern in life is certain but death and taxes. We resources for the public and providers annual compliance messages Bar Association (President 1974–75), four generation tradition of the practice region. On the local scene, he won the pay our taxes on April 15; we relieve may be found at www.nhdd.org. by adding [email protected], Virginia State Bar Council (1971–77), of law in Danville. However, both his Alan Fleming Senior Open Clay Court our loved ones of some of the burdens [email protected], and the Virginia Bar Association (President daughter and youngest son are lawyers. Tournament (Seabrook Island), in his they will face at our deaths on April 16. [email protected] to your email of the Young Lawyers Section 1962–63 In Danville, Mr. Meade was a age group, a total of eleven times, and Now an annual initiative in all 50 states, contacts. and Executive Committee 1974–77), member of the Episcopal Church of the Southern Senior Clay Court Closed NHDD was founded by lawyer Nathan the Virginia Association of Defense the Epiphany, where he served on the (Kiawah/Birmingham) eight times. He Attorneys (President 1971–72), the Vestry. He was a member of the Danville also played in a dozen or so national Kottkamp of Waller Lansden Dortch & And as always: Keep all of Virginia Trial Lawyers Association, and Rotary Club (President 1968–69), tournaments, but his ambition to win Davis, LLP in Richmond. your information current by logging on at www.vsb.org. the National Association of Railroad the Danville Golf Club, a founding a “gold ball” (for a national champion- Obviously, no one likes to think Trial Counsel. He was elected a fellow of member and president of the Stratford ship) was never realized, although he about dying, and fewer than half of all the American College of Trial Lawyers Tennis Club, and served on the boards was a finalist in doubles twice. Americans have a will. But healthcare in 1976. of the Danville YMCA and the Wayles

42 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 43 Conference of Local and Specialty Bar Associations Law Libraries Fighting Link Rot and Preserving the Future 2020 Call for Nominations of Legal Research 35th Annual Awards of Merit Competition by Jorge Juarez Submit your bar’s best projects or programs no later than Friday, April 17. Imagine that you are researching cases Several studies from the past decade and generates a Perma Link that may Other Awards: online for a court brief. You discover demonstrate that link rot not only exists be added to citations and will hence- 8 • 25th Annual Local Bar Leader of the Year Award a U.S. Supreme Court decision that but is prevalent in legal citations. One forth link to the new record. Perma.cc includes links to additional materials comparative study of state, organization, can’t guarantee that the records will be • 4th Annual Specialty Bar Leader of the Year Award that look extremely helpful for your and government websites showed that preserved forever; however, the service • 7th Annual Bar Association of the Year Award argument; unfortunately, when you click link rot increased steadily over time.1 is administered with the support of an The Hill Tucker Bar Association received the 2019 Bar Association of the Year on a link, you land on a webpage that Another study that examined the web- extensive consortium of libraries and Award at the 2019 VSB Annual Meeting. These entries must be submitted no later than includes a “404 Not Found” error mes- sites cited within U.S. Supreme Court specifically designed to obviate, or at Wednesday, May 6. sage. At that point, you are at a research decisions from 1996-2010 concluded least minimize, link rot.9 crossroads: Do you forget about using that 29 percent of the links contained As we head into the next decade, that source, or else go down the prover- therein were no longer valid.2 Finally, it’s important to be aware that the more The CLSBA will present these awards during the VSB Annual Meeting on Friday, June 19, 2020, in Virginia Beach. bial rabbit hole of the internet in search a 2014 study by Harvard Law School we do now to fight link rot by preserv- of that one tantalizing, yet elusive, docu- professors found that the percentage ing records of online sources, the fewer See CLSBA website http://bit.ly/CLSBA for more information. ment? For many practitioners, time and of reference rot — related to link rot, potential pitfalls will exist for future expense weigh heavily on the decision, it occurs when a link goes to a valid legal researchers needing to access the To sign up for the CLSBA Annual Meeting and Breakfast, please email your name, bar/court affiliation, and number and while there is no easy answer, this website, “but the information referenced entire scope of materials cited in judicial attending to Paulette Davidson at [email protected]. quandary illustrates one of the most by its citation is no longer present, or opinions. frustrating aspects of legal research in has changed”3 — was 50 percent for our digital information age information: Supreme Court decisions and more than Endnotes link rot. 70 percent for Harvard Law Journals.4 1 Sarah Rhodes, Breaking Down Link Rot: The Chesapeake Project Legal Information Link rot, a phenomenon wherein While the U.S. Supreme Court Archive’s Examination of URL Stability, 102 hyperlinks to a specific URL or website addressed the problem of link rot by LAW LIBR. J. 581 (2010). lead to a dead end, is particularly prob- creating its own archive of “Online 2 Raizel Liebler & June Liebert, Something Rotten in the State of Legal Citation: The 5 lematic for the legal profession. Legal Sources Cited in Opinions,” there is no Life Span of a United States Supreme Court Solo & Small-Firm citations are vitally important, not only one-size-fits-all policy or fail-safe best Citation Containing an Internet Link (1996- for verifying the authority relied upon in practices for preserving copies of online 2010), 15 Yale J. L. & Tech. 273, 307 (2013). Practitioner Forum 3 Jonathan Zittrain et al., Perma: Scoping and a court opinion, but also for providing sources cited by judges in decisions or Addressing the Problem of Link and Reference The Solo & Small-Firm Practitioner the necessary information (e.g., volume practitioners in briefs. That said, one Rot in Legal Citations, 127 HARV. L. REV. F. Forum focuses on issues that number, page, year) to locate the source viable — and highly recommended — 165, 170 (2014). 4 Id. at 167. confront attorneys who practice 6 itself. Historically — and the BlueBook option is Perma.cc, developed by the 5 https://perma.cc/2ZWR-DW4N alone or in small firms. Law office still demands it, when available — le- Harvard Library Innovation Lab as a 6 https://perma.cc management and ethics are gal authors cited to primary authority direct result of the 2014 study noted 7 https://perma.cc/QG9W-A2P7 among several topics covered at 8 https://perma.cc/46ES-26UH these CLEs. in print via case reporters, statutory above. Using the service is very easy and 9 https://perma.cc/NF34-R6YC Awards of Merit Competition These CLEs are free, include compilations, and the like. In addition, user-friendly. lunch, and are available on a libraries were tasked with maintaining First, a user will need to register for Is your local or specialty bar planning a visit the CLSBA website at http://bit.ly/ first-come, first-served basis. access to these print resources so that a Perma.cc account. There are several special project for the year? Does your CLSBA to see projects that have won future researchers could easily find free and subscription tiers available, the materials that courts relied on for depending on one’s professional affili- local bar want to do a project, but need Awards of Merit in the past. Remember: April 3 — Melfa, VA their decision-making. Since the recent ation.7 Once a user is logged into their suggestions on where to start? Imitation is the sincerest form of flattery. May 19 — Danville, VA proliferation of legal information online, account, they may enter the URL of the Assistance is available through the Once you have completed your ensuring that materials cited in court page they want to preserve and click Conference of Local and Specialty Bar project, no matter how big or small, www.vsb.org/site/conferences/ opinions — and hosted on the open web the “Create Perma Link” button. Perma. Associations. Please contact Paulette don’t forget to submit it for the Awards clba-calendar — will be accessible months, let alone cc captures the contents of the webpage Davidson at [email protected] or (804) of Merit competition. The deadline for years, in the future becomes a dicey and creates a new Perma Record, saves Jorge Juarez is a reference librarian at the United States Court of Appeals for the 775-0521 for more information, or entries is April 17, 2020. proposition. that record in its permanent collection, Fourth Circuit.

44 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 45 Technology and the Future Practice of Law Risk Management Top Three Technology Tips for Lawyers The Ins and Outs of Tail Coverage for 2020 by Mark C.S. Bassingthwaighte by Darius K. Davenport To this day I still get the occasional call attorney semi-retires and makes a deci- on prior claims. An attorney’s failure to from an attorney wanting to know how sion to purchase a policy with reduced comply with the terms and conditions of to go about purchasing a tail policy and limits in order to save some money the policy; the suspension, revocation, It’s a new year. As such, here are two Secondly, if you do use a device with be lurking in your email inbox. Business my response is always the same. I need during the last few years of practice. The or surrender of an insured’s license to wellness and one wellness/security tech- notifications, consider using the fitness Email Compromise (BEC) losses can’t to make sure that the caller understands problem with this decision is that insur- practice law; and an insured’s decision nology tips as you kick off the new year. applications and notifications to pro- be ignored and are only getting worse. there really is no such thing as a tail ance companies will not allow attorneys to cancel the policy or allow coverage mote your health. Most cellphones and For example, the FBI reported a 91 per- “policy.” Clarification on this point is to bump up policy limits on the eve of to lapse may also create an availability Give Yourself and Your Device A Rest smartwatches now have sensors that can cent increase in reported BEC incidents important because confusion over what a full retirement, again, because no new problem. First, turn off or give yourself a mean- track your movement, basic vital signs between 2017 and 2018 with a total of a tail is and isn’t can have serious reper- policy will be issued. For many attor- An attorney’s practice setting is ingful break from your device’s (smart- and even things like water consumption over $1.2 billion dollars in losses for cussions down the road. neys, this means the premium savings also relevant. Particularly for retiring watch, cell phone and email) notifi- and calories burned.6 The applications 2018 alone.12 Global losses since 2016 An attorney leaving the practice of that came with the reduced limits on the solo practitioners, insurers frequently cations. Researchers from Carnegie allow you to set and track fitness goals exceed $26 billion dollars and these are law can’t purchase a malpractice insur- final policy or two will turn out not to provide tail coverage at no additional Mellon University and Telefónica found to include reminders such as encourag- just the reported losses.13 ance policy because he or she will no have been worth it and here’s why: All cost to the insured if the attorney has that individuals were more productive ing you to move if you have been sitting BEC is a scam that targets individ- longer be actively practicing law. There claims reported under the ERE will be been continuously insured with the and less distracted after taking a 24- too long.7 uals, companies, or firms that conduct simply is no practice to insure. This is subject to the available remaining limits same insurer for a stated number of hour break from their device notifica- This si important because the wire transfers14. Anyone who wires why an attorney can’t buy a tail “policy.” of the final policy that was in force at years. Given that tail coverage can be tions.1 In addition to short term gains in sometimes sedentary lifestyle of lawyers funds can be a target.15 Most scenarios What you are actually purchasing when retirement and this may not be enough quite expensive, shopping around for productivity, one year later the research- can pose a serious health risk that has involve simple social engineering, or in you buy a tail is an extended reporting coverage. the cheapest insurance rates in the later ers found that two-thirds of those that negative effects similar to those of obe- other words, the psychological manipu- endorsement (ERE). This endorsement By way of example, if you were to years of one’s practice isn’t a good idea participated in the study had established sity and smoking. 8 In short, “sitting too lation of an individual to perform an act attaches to the final policy that is in reduce your coverage limits from one as the opportunity to obtain a free tail permanent “microboundaries” to limit long can lead to an early death.”9 Often, or divulge confidential information.16 force at the time of your departure from million per occurrence/three million policy could be lost. distractions by permanently disabling lawyers sit as we work, while we wait Hackers essentially hack the individual the practice of law. In short, purchasing aggregate to five hundred thousand The situation for an attorney who some applications and using the “do for a case to be called, or when we meet and not the computer. Once the unsus- an ERE — which is commonly referred per occurrence/five hundred thousand has been in practice at a multi-mem- not disturb” setting on their phones and with clients and commute. pecting victim takes the bait, hackers to as tail coverage — provides an at- aggregate during the last year or two of ber firm is a bit different. Here, when computers.2 Distractions and a lack of Your devices can help remind you simply trick them into transferring torney the right to report claims to the active practice in order to save a little an attorney wishes to retire, leave the focus compound the issues that lawyers to engage in healthy amounts of low or funds designated for legitimate business insurer after the final policy has expired money, you will only have coverage of profession, or is considering a lateral already face due to long and unusual high-intensity doctor-recommended purposes into accounts controlled by the or been cancelled. five hundred thousand per occurrence/ move and worried about the stability work hours. Adding the lack of rest can activity each week. Over time, this can hackers.17 Again, under most ERE provisions, five hundred thousand aggregate avail- of the about-to-be-departed firm, some lead to exhaustion, stress and mental turn into sustainable weight loss which To protect yourself and your firm, the purchase of this endorsement is not able to you for all of your retirement insurance companies will not offer an burnout.3 Therefore, microboundaries can influence overall health and well- the FBI recommends the following: one of additional coverage or of a sepa- years, assuming that there was no loss opportunity to purchase an ERE due rate and distinct policy. The significance payout under that final policy. In terms to policy provisions. The reason is the are important. being.10 Using your device to prompt • Verify wire transfers and all financial of this is that under an ERE there would of peace of mind, for many that would firm’s existing policy will continue to be To combat technology addiction you to be more active or track your transactions by phone. be no coverage available for any act, be an insufficient amount of coverage. in force post attorney departure. This and long work hours, the VSB Wellness activity can also help you incorporate • Use two-factor or multi-factor authen- error, or omission that occurs during Therefore, if you anticipate wanting isn’t as much of a problem as it might Report also encourages lawyers to Wellness Report recommendations like tication to verify changes to account the time the ERE is in effect. So, for those higher limits of one million/three seem in that the departing attorney manage devices, set priorities to know parking farther away from your building information or wire instructions. example, if a claim arises several years million during your retirement years, will be able to rely on former attor- the difference between things that and using the stairs11 rather than the • Ensure that full email addresses and post retirement because of work done in keep those limits in place heading into ney language under the definition of need an immediate response and those elevator because now your notifications the web addresses in hyperlinks are retirement as a favor for a friend, there retirement. insured. However, because the defini- that can wait, schedule time to relax are holding you accountable to benefi- actual addresses, accurate, and not would be no coverage for that claim Unfortunately, while many attor- tion of insured varies among insurers, and recharge, and to designate times cial fitness goals. misspelled. under the ERE. This is why you hear risk neys hope to obtain an ERE at the end you should discuss this issue with your and places that are device-free.4 Also, • Never provide login credentials or per- managers say things like, “Never write a of their career, the availability of tail firm’s malpractice insurance repre- employers should recognize the loss of Stay Vigilant When Responding to sonal information in response to a text will for someone while in retirement.” I coverage isn’t necessarily a given. For sentative so options can be identified productivity, increased risks of mistakes Emails or email. know it can be tempting, but don’t prac- example, most insurers prohibit any and reviewed well in advance of any and other fallout associated with the I was going to discuss new technology • Monitor all financial accounts regu- 5 tice a little law on the side in retirement insured from purchasing tail coverage planned departure. over-connected attorney. trends that could limit your stress here. larly. because your tail coverage will not cover when an existing policy is canceled for That said, under two ALPS policies But if you really want to limit the poten- • Keep all software up to date. any of that work. nonpayment of premium or if the in- and as long as certain conditions are Put Your Device and Its Notifications tial of ending up in a stressful situation, Another often misunderstood sured failed to reimburse the insurance met, we provide some of the most com- to Work for Your Wellbeing remember that real security risks may Technology continued on page 48 aspect of tail coverage occurs when an company for deductible amounts paid prehensive tail coverage options in the

46 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 67 | February 2020 | VIRGINIA LAWYER 47 Risk Management industry, to include free individual EREs available with a fixed or renewable one, in event of retirement, death, disability two, three, four, or five-year reporting or a call to active military service. periods or with an unlimited reporting Be aware that the period in which period. If available to you, the unlimit- one can obtain an ERE can be quite ed reporting period would be the most limited. Most policies provide a 30-day desirable, particularly for practitioners or shorter window that will start to run who have written wills during their Mark Bassingthwaighte, ALPS risk manager, on the effective date of the expiration later years of practice. The premium has conducted more than 1,000 law firm risk or cancellation of the final policy. There charge for an ERE is usually specified management assessment visits, presented are even a few very restrictive policies in the policy. Often the cost is a fixed numerous continuing legal education seminars throughout the United States, and written in the market that require the insured to percentage of the final policy’s premium extensively on risk management and technol- exercise the option to purchase an ERE and can range from 100 to 300 percent ogy. His webinar on Best Practices for Client VIRGINIA STATE BAR on the date of cancellation or expiration. depending on the duration of the pur- Selection in the ALPS CLE library is at http://alps.inreachce.com. He can be contacted JUNE 17-20 2020 Given this, you should review relevant chased ERE. at: [email protected]. policy language well in advance of con- Given all of the above, if the ERE VIRGINIA BEACH templating departing the profession, as provisions outlined in your policy lan- timely pursued in accordance with pol- the opportunity to purchase an ERE is guage have never been reviewed, now’s icy provisions. Even attorneys who are one you can’t afford to miss. the time. One final thought: Be aware not nearing retirement should still have The duration of tail coverage — or that if the unexpected ever happens, some basic awareness of ERE policy pro- more accurately, the length of time such as the sudden and untimely death visions because one just never knows. n under which a claim may be reported of an attorney still in practice, know under an ERE — varies depending upon that tail coverage can be obtained in the what is purchased. Coverage is generally name of the deceased attorney’s estate if

Technology continued from page 46

• Be alert to emails with the subject line: Urgent, Transaction Request, Important, Payment, or any email that attempts to induce an immediate 18 reaction from the recipient. n Darius Davenport is a partner and chair of the Cybersecurity and Data Privacy practice group Endnotes 11 Id. of Crenshaw, Ware & Martin. His practice 1 Natalie Gil, What happens when you Turn 12 FBI, 2018 Internet Crime Report (2018) focuses on data privacy laws, the mitigation off Your Phone Notifications, Refinery 29 https://pdf.ic3.gov/2018_IC3Report.pdf of cyber risk, and cyber incident response. (August 7, 2017) www.refinery29.com/en 13 Id. Davenport’s practice also includes complex -gb/2017/08/166869/phone-notifications 14 See Generally Trend Micro, Business Email litigation in state and federal courts with an -off-health-mental-benefits Compromise, www.trendmicro.com/vinfo emphasis on public sector law, employment 2 Id. /us/security/definition/business-email law, and insurance defense. He represents 3 Report of the Virginia State Bar President’s -compromise-(bec) political subdivisions and businesses across Special Committee on Lawyer Well-Being, 15 Id. the region. He is a member of the Special The Occupational Risk of the Practice of Law 16 Anderson, Ross J. Security engineering: a Committee on Technology and the Future (May 2019) www.vsb.org/docs/VSB_wellness guide to building dependable distributed Practice of Law. _report.pdf systems (2nd ed.) (2008). Indianapolis, IN: 4 Id. Wiley. p. 1040. ISBN 978-0-470-06852- 5 Id. 6. Chapter 2, page 17. 6 David Gewirtz, New Year’s Resolution: 17 FBI News, Sweep Targets Business Email Close your Apple Watch Activity Rings for a Compromise: Criminal Cases Show Need to healthy 2020 (January 2, 2020) Verify Before Wiring Funds (September 10, www.zdnet.com/article/new-years-resolution 2019) www.fbi.gov/news/stories/operation -close-your-apple-watch-activity-rings-for -rewired-bec-takedown-091019. -a-healthy-2020/?ftag=TRE-03-10aaa6b&bh 18 Symantec Security Response Team, BEC id=28171294543741381271147253603298 Scams Remain a Billion Dollar Enterprise, 7 Id. Targeting 6K Businesses Monthly (July 23, 8 The Occupational Risk of the Practice of Law 2019) www.symantec.com/blogs/threat at 12. -intelligence/bec-scams-trends-and- 9 Id. themes-2019. 10 Id at 13.

48 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org CLE Calendar CLE Calendar

Introduction To Sentencing MARCH 6 — FAIRFAX MARCH 27 — DANVILLE April 2 Guidelines Fairfax County Government Center Danville Community College Essentials of Trial Practice: 6 Hours (Approved for 6 CLE & VIDC 9:30–5:00 (#712) 9:30–5:00 (#717) Your First Trial 36th Annual Advanced Family Law Seminar Re-certification) Webcast/Telephone Noon–2 pm The introduction seminar is designed for MARCH 10 — ABINGDON April 16, Jefferson Hotel, Richmond Southwest VA Higher Education Center the attorney or criminal justice profes- April 7 9:30–5:00 (#713) Virginia Lawyer publishes at no charge sional who is new to Virginia’s Sentenc- Ethics for Business Lawyers: 6 hours of live-interactive MCLE credit (including notices of continuing legal education programs ing Guidelines. The seminar will begin Ten Things You Need to Know 1 hour of Ethics, pending), and 2 hours of GAL for MARCH 11 — ROANOKE sponsored by nonprofit bar associations and with general background information Webcast/Telephone Noon–2 pm Children credits. and progress to detailed information on Roanoke Higher Education Center government agencies. The next issue will cover 9:30–5:00 (#714) • Best practices in drafting prenuptial agreements scoring each of the guideline’s factors to April 16 through July 8. Send information by April 8 • Using financial experts in family law cases include changes beginning July 1, 2019. March 9 to [email protected]. For other CLE MARCH 17 — CHESTERFIELD Law Firm Technology and Ethics • Managing the division of retirement benefits for Register online for all classes. opportunities, see Virginia CLE calendar and Workforce Alliance, Midlothian Center Webcast/Telephone 11 am–Noon civilian federal employees and annuitants www.vcsc.virginia.gov/training.html or “Current Virginia Approved Courses” at www. call (804) 225-4398 9:30–5:00 (#715) • Difficult ethical topics vsb.org/site/members/mcle-courses/ or the April 14 • Legislative and case law updates MARCH 25 — PORTSMOUTH websites of commercial providers. MARCH 5 — WINCHESTER Schooled in the Law: Frederick County Public Safety Building Department of Social Services 9:30–5:00 (#716) Current Issues in Education Register online at http://bit.ly/36FLS 9:30–5:00 (#711) Live — Charlottesville/Webcast/Telephone Noon–2 pm

Virginia CLE Calendar Virginia CLE will sponsor the following continuing legal education courses. For details, see http://www.vacle.org/seminars.htm. Virginia State Bar Harry L. Carrico Professionalism Course

February 24 March 6 March 25 April 22, 2020, Charlottesville • May 2020 (TBD) Norfolk • July 2020 (TBD) Roanoke CLE and Milwaukee Bucks vs. Washing- Annual Bankruptcy Practice Seminar 50th Annual Criminal Law Seminar 2020 ton Wizards Basketball: Legal Writing 2020 Video — Alexandria, Charlottesville, Dan- See the most current dates and registration information at www.vsb.org/site/members/new. Fast Break — 30 Assists to Improve Your Live — Fairfax 8:30 am–4:45 pm ville, Hampton, Lynchburg, Richmond Writing 8:15 am–4:45 pm (Richmond video Live — Washington, DC March 6–7 begins at 9 am) Seminar: 5:30–6:30 pm; Game Begins at 24th Annual Advanced Real Estate Sem- 7 pm inar 2020 March 26 Live — Williamsburg 50th Annual Criminal Law Seminar 2020 March 2 Friday: 1–5:55 pm; Saturday: 8 am–Noon Video — Roanoke, Winchester Essentials of Political Law: Ramping Up 8:15 am–4:45 pm for the 2020 Elections March 9 Webcast/Telephone Essentials of Trial Practice: Your First Succession Planning for Your Law 2–4 pm Trial Practice Webcast/Telephone 11 am–1 pm Live — Charlottesville/Webcast/Telephone Leroy Rountree Hassell Sr. March 3 11 am–12:30 pm How to Effectively Use Social Media in March 10 Indigent Criminal Defense Seminar Your Law Practice Essentials of Jury Selection in Virginia March 30 Advanced Skills for the Experienced Practitioner Webcast/Telephone 11 am–1 pm Live — Charlottesville/Webcast/Telephone Law Firm Technology and Ethics 11 am–1 pm Live — Charlottesville/Webcast/Telephone March 4 Noon–1 pm Friday, May 1, 2020 Current Developments in Arbitration Live — Charlottesville/Webcast/Telephone Ethics for Business Lawyers: Ten Things March 31 A Day-Long Advanced Trial Skills CLE 11 am–1 pm You Need to Know 50th Annual Criminal Law Seminar 2020 Live — Charlottesville/Webcast/Telephone Video — Richmond 9 am–5:30 pm Richmond Convention Center (Live Program) Federal Government Contracts, the 2–4 pm Year in Review: What Happened, and So Essentials of Jury Selection in Virginia new location at What? March 12 Webcast/Telephone 11 am–1 pm Festival Conference and Student Center at James Madison University, Webcast/Telephone 2–4 pm Elder Law Basics Harrisonburg (Webcast) Live — Richmond 9 am–4:10 pm April 1 and March 5 CLE and Rosanne Cash for Charity: Wytheville Meeting Center, Wytheville (Webcast) Adoption Law 101: Understanding March 18 Litigation Ethics the Nuts and Bolts of the Practice in Current Developments in Arbitration Live — Alexandria Registration information and details are available at www.vsb.org/special-events/indigent-defense. Virginia Webcast/Telephone 2–4 pm Seminar: 3:30–4:30 pm; Dinner: 4:45– Webcast/Telephone 10 am–1:15 pm 6:15 pm; Concert Begins at 7:30 pm

50 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 51 Virginia Lawyer Register Virginia Lawyer Register

DISCIPLINARY SUMMARIES David Colin Jones Jr. Robert Earl Schulz Katina C. Whitfield Fairfax, VA Broad Run, VA Chesterfield, VA The following are summaries of disciplinary actions for viola- 19-051-114067 20-070-116156 19-031-112732 tions of the Virginia Rules of Professional Conduct (RPC) or Effective January 21, 2020, the Virginia State Bar Disciplinary Effective December 9, 2019, the Virginia State Bar Disciplinary Effective November 15, 2019, the Virginia State Bar another of the Supreme Court Rules. Board issued a public reprimand with terms to David Colin Board revoked Robert Earl Schulz’s license to practice law Disciplinary Board revoked Katina C. Whitfield’s license to Copies of disciplinary orders are available at the link pro- Jones Jr. for violating professional rules that govern diligence based on his affidavit consenting to the revocation. By tender- practice law in the Commonwealth of Virginia based on vio- vided with each summary or by contacting the Virginia State and communication. This was an agreed disposition of miscon- ing his consent to revocation at a time when allegations of mis- lations of rules of professional conduct governing safekeeping Bar Clerk’s Office at (804) 775-0539 or [email protected]. VSB duct charges. RPC 1.3 (a); 1.4 (a) conduct are pending, Schulz acknowledges that the material property, declining or terminating representation, and miscon- docket numbers are provided. www.vsb.org/docs/Jones-012220.pdf facts upon which the allegations of misconduct are predicated duct. On December 27, 2019, Whitfield filed a notice of appeal. are true. Rules of Court Part 6, Section IV, Paragraph 13-28 RPC 1.15 (a), (b)(3-5); 1.16 (d); 8.4 (b) Danielle Madison Holt Lewis www.vsb.org/docs/Schulz-120919.pdf www.vsb.org/docs/Whitfield-112519.pdf CIRCUIT COURT Richmond, VA 19-031-115415 Justin Alan Torres Philip R. Farthing Effective January 13, 2020, the Virginia State Bar Disciplinary Alexandria, VA Norfolk, Virginia Board suspended, with terms, Danielle Madison Holt Lewis’ 19-000-114709 18-010-110420 license to practice law in the Commonwealth of Virginia for Effective November 15, 2019, the Virginia State Bar Circuit Court Case No. CL19-5110 90 days for violating professional rules that govern safekeeping Disciplinary Board suspended Justin Alan Torres’ license to Effective January 21, 2020, the Circuit Court for the City of property and misconduct. This was an agreed disposition of practice law in the Commonwealth of Virginia for five years. Norfolk revoked Philip R. Farthing’s license to practice law misconduct charges. RPC 1.15 (a)(1-2), (b)(3), (c)(1-4); 8.4 (b), The suspension was based on his conviction of a crime in based on his affidavit consenting to the revocation. By tender- (c) Cuyahoga County, Ohio. Rules of Court Part 6, Section IV, ing his consent to revocation at a time when allegations of mis- www.vsb.org/docs/Lewis-011420.pdf Paragraph 13-22 conduct are pending, Farthing acknowledges that the material www.vsb.org/docs/Torres-011520.pdf facts upon which the allegations of misconduct are predicated James Aloysius Powers are true. Rules of Court Part 6, Section IV, Paragraph 13-28 Sterling, VA www.vsb.org/docs/Farthing-012420.pdf 20-000-116535 Effective November 15, 2019, the Virginia State Bar DISCIPLINARY PROCEEDINGS Vaughan Christopher Jones Disciplinary Board revoked James Aloysius Powers’ license to Richmond, VA practice law based on clear and convincing evidence that he 19-032-113123 has failed to comply with Part Six, Section IV, Paragraph 13-29 Respondent’s Name Address of Record Action Effective Date Circuit Court Case No. CL19-4597-8 of the Rules of Supreme Court. Powers’ license was previously Effective January 16, 2020, the Circuit Court for the City of suspended in Virginia on October 26, 2017, with reinstatement Richmond issued a public reprimand with terms to Vaughan contingent upon compliance with conditions and procedures Suspension – Failure to Pay Disciplinary Costs Effective Date Lifted Christopher Jones for violating professional rules that govern of the Maryland Court of Appeals and the Virginia State Bar. John Patrick Bond Fairfax, VA December 4, 2019 competence and diligence. This was an agreed disposition of Rules of Court Part 6, Section IV, Paragraph 13-29 James Christopher Chamblin Leesburg, VA December 4, 2019 www.vsb.org/docs/Powers-120919.pdf misconduct charges. RPC 1.1; 1.3 (a) Floris Chad Copier Highland, UT December 23, 2019 www.vsb.org/docs/Jones-012120.pdf John B. Russell Jr. Marc Ericson Darnell Newport News, VA December 2, 2019 Midlothian, VA John James Good Jr. Stafford, VA November 26, 2019 DISCIPLINARY BOARD 17-032-108377, 18-032-110165, 18-032-110860 Jorge Andres Ortiz Richmond, VA November 26, 2019 Effective November 1, 2019, the Virginia State Bar Disciplinary Paul Granville Watson IV Eastville, VA December 23, 2019 Board suspended John B. Russell Jr.’s license to practice law James McMurray Johnson in the Commonwealth of Virginia for two years for violating Woodbridge, VA Suspension – Failure to Comply with Subpoena professional rules that govern diligence, communication, 19-060-113652 safekeeping property, declining or terminating representation, Michael Anthony Cole South Boston, VA January 2, 2020 Effective December 6, 2019, the Virginia State Bar Disciplinary responsibilities regarding nonlawyer assistants, professional in- Scott Allen Lehman Virginia Beach, VA December 2, 2019 Board issued a public reprimand to James McMurray Johnson dependence of a lawyer, communications concerning a lawyer’s for violating professional rules that govern candor toward the Jonathon Alden Moseley Woodbridge, VA November 19, 2019 December 9, 2019 services, and misconduct. On December 20, 2019, Russell filed tribunal, bar admission and disciplinary matters, and miscon- a notice of appeal. RPC 1.3 (a); 1.4 (a), (b), (c); 1.15 (a)(1); 1.16 duct. RPC 3.3 (a)(1); 8.1 (a); 8.4 (c) (a)(1), (d), (e); 5.3; 5.4 (a), (b), (d); 7.1; 8.4 (a), (c) www.vsb.org/docs/Johnson-121919.pdf www.vsb.org/docs/Russell-120219.pdf

52 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 53 Virginia Lawyer Register

Notices to Lawyers Nominate a Deserving Lawyer for an Award: Access to Legal Services Committee Seeks Nominations Ethics Committee Seeks Comments on Proposed LEO and for the 2020 Virginia Legal Aid Award and the Oliver White Rule Changes Hill Law Student Award. March 6 is the nomination deadline. The Standing Committee on Legal Ethics seeks comments on www.vsb.org/site/sections/pro_bono/awards proposed amendments to Rule 1.8, a proposed new legal ethics The General Practice Section is seeking nominations for opinion, and amendments to existing LEO 1850. The deadline the Tradition of Excellence Award. This award recognizes attor- for comment has been extended to March 20. www.vsb.org/ neys who have devoted significant amounts of time, efforts, and/ site/news/item/ethics_committee_seeks_comments or funds to activities that benefit their community. The nomination deadline is April 6, 2020. http://bit.ly/GP-nom Supreme Court of Virginia Amends Rules of Court The Young Lawyers Conference seeks nominations for On January 9, the Supreme Court of Virginia amended Rules the R. Edwin Burnette Jr. Young Lawyer of the Year Award of Court, including Rule 1.15 regarding the safekeeping of This award honors an outstanding young Virginia lawyer who April 27, 2020 property, and adopted two new LEOs. Some changes are ef- has demonstrated dedicated service to the Young Lawyers fective immediately and some on March 15. www.vsb.org/site/ Conference, the legal profession, and the community. The Greater Richmond Convention Center news/item/SCV_amends_rules_of_court_Jan20%20/ nomination deadline is March 13. http://bit.ly/YLC-award The Diversity Conference seeks a Virginia lawyer who U.S. Court of Appeals for the Fourth Circuit Amends embodies the conference’s goal of fostering, encouraging, and • Automate Your Law Practice for Efficiency • Guide to Setting Up a Law Firm in 2020 (the Four Rules facilitating diversity and inclusion in the bar, the judiciary, Techie Way) • The Ethics of AI in Your Law Practice: Effective December 9, 2019, the United States Court of Appeals and the legal profession for the 2020 Clarence M. Dunnaville Transparency & Bias for the Fourth Circuit amended four local rules to better con- Jr. Achievement Award. The nomination deadline is April 15. • Deepfake Video and Audio – Defending Clients http://bit.ly/dunnaville and the Rule of Law form with December 1, 2019, amendments to the Federal Rules • Office 365: Theundamentals F of Appellate Procedure. www.vsb.org/site/news/item/u.s._ The Conference of Local and Specialty Bar Associations seeks nominees for the 2020 Awards of Merit, Local Bar • Cloudy Questions for Lawyers: Using the Cloud court_of_appeals_amends_rules • Technology Related Policies for Law Firms Leader of the Year, Specialty Bar Leader of the Year, and Bar Ethically Calling All Active and In-good-standing Lawyers Association of the Year. The deadline for the Awards of Merit • The Mobile Friendly Practice: Tools to Interact There are several Virginia State Bar bodies looking for mem- is April 17, and the deadline for the others is May 6. For more with Today’s Clients • Pros and Cons of Case Management and Time & bers for terms that begin on July 1: information see http://bit.ly/CLSBA Billing Software • Ethical Security Practices that Won’t Bust Your Disciplinary District Committees Budget • Young Lawyers and Tech: How Everyone Can Résumés and short statements of interest for lawyers inter- Learn & Benefit ested in joining their local disciplinary district committee • Word for Lawyers: A More Productive Law are due on February 28 to the Bar. See if there’s a vacancy Practice • 60 Tech Tips in 60 Minutes in your circuit and apply. www.vsb.org/site/news/item/ first_line_of_defense REGISTER NOW AND SAVE … Special Boards and Committees The Clients’ Protection Fund Board, the Judicial Candidate Active Attorney – before April 6: $125 Evaluation Committee, and Bar Council’s Executive Got an Ethics Question? Committee also have vacancies and seek applicants by Active Attorney – April 6 and after: $150 March 27. www.vsb.org/site/news/item/serve_your_bar Associate Attorneys and those licensed less than 3 years: $110 The VSB Ethics Hotline is a confidential consultation Non-Attorneys: $90 Bar Council Elections (When registering, you’ll choose an attendee type.) The Virginia State Bar’s governing body will hold its service for Virginia lawyers. Questions can be sub- annual elections by electronic ballot in April, and Virginia Registration includes 7 hours of CLE credit, with a possible 3 hours of Ethics (pending), lawyers who wish to be on the ballot must be active mem- mitted to the hotline by calling (804) 775-0564 or by bers in good standing of their circuit as of March 15. They depending on which sessions you attend. will also need to file a nominating petition, a statement clicking on the “Email Your Ethics Question” link on of qualifications, and a digital headshot by April 1. Learn Questions? Contact Paulette Davidson at [email protected] the Ethics Questions and Opinions web page at more on page 41. Register at: http://bit.ly/techshow20 www.vsb.org/site/regulation/ethics/. Even if you’re not running for Bar Council, be sure your #VSBTECHSHOW contact information is current with the Bar before March 15 to be eligible to vote — and to receive your ballot.

54 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org Professional Notices Professional Notices

technology companies in Virginia, Cassandra E. Sheehan has Pro bono powerhouse in Grundy, Virginia. She is grateful to rience, he has successfully represented Maryland, and D.C. with a selective also joined Pesner Altmiller Baker Donelson has retired Virginia Supreme Court Justice clients in various forms of alternative focus on non-compete litigation, and Melnick & DeMers in appointed David Folds Elizabeth McClanahan, the new Dean of dispute resolution. Green is based in the has client meeting locations in Fairfax, Tysons Corner as an asso- to serve as Pro Bono the law school, for this opportunity. firm’s Richmond office. Reston, and Washington, D.C. ciate practicing in the firm’s Sheehan Committee Office Chair Folds Muse joins the civil litigation department, for the firm’s Washington, Amy Ashworth has Litigation and Business with a focus on family law, community D.C. office. Folds will work to identify been sworn in as Groups and focuses his Pender & Coward donated and planted associations, landlord tenant, and busi- and address local pro bono needs while Commonwealth’s Attorney practice on labor and em- 130 trees in Hampton Roads to cel- ness disputes. coordinating with Baker Donelson for the County of Prince ployment law and litigation. Muse ebrate its 130th anniversary in part- Pro Bono Shareholder Samuel T. William and the Cities of Ashworth Working in both litigation nership with the cities of Norfolk and Selzer Gurvitch Rabin Bowman for global pro bono initiatives. Manassas and Manassas and counseling, he supports an array of Suffolk and the Elizabeth River Trail Wertheimer & Polott, A shareholder in the firm’s Washington, Park. Ashworth is replacing Paul Ebert client issues including discrimination, Foundation. Approximately 40 lawyers Shannon Mullins & Wright LLP has P.C. has added Brad M. D.C. office, Folds represents financial who served for 52 years in the position. harassment, disability, retaliation, and and legal professionals planted trees in formally opened in Alexandria. The firm Dashoff as a partner. institutions, commercial and retail She has been a practicing attorney in the wage and hour claims. Muse works in three different areas. Attorney Jim Lang provides comprehensive legal advice and led an educational program for second Dashoff represents own- Dashoff landlords, franchisors, trade creditors, fields of criminal and family law for 24 the firm’s Williamsburg office. graders about the tree planting at an el- practical solutions across a broad spec- ers and developers in asset purchasers, and other entities in all years, with significant experience pros- ementary school in Norfolk in conjunc- trum of practice areas, including: Design multi-parcel mixed-use development aspects of bankruptcy proceedings. ecuting special victims’ cases. Ashworth Smith Pachter McWhorter tion with the environmental project. Professional, Real Estate, Litigation, projects, as well as sponsors and inves- previously served as president of the PLC has added government Land Use, Estate & Trust, Tax, Business, tors in creating real estate investment FutureLaw II, LLC, a Prince William County Bar Association contracts attorney Elizabeth Barry Bretschneider, a Construction Law and more. funds. He was a contributing author commercial real estate law in 2010. N. Jochum to the firm patent attorney specializ- in the Real Estate Closing Deskbook and firm, is pleased to announce as a partner. Jochum has Jochum ing in patent litigation and The Hon. George a co-author of Commercial Real Estate that Cindy L. Gantnier has Praemia Law, PLLC extensive experience in prosecution and inter partes Varoutsos has received Transactions: A Survival Guide. joined the firm as counsel. Gantnier welcomes Kristen Loesch. bid protests and other government patent matters before the the annual William L. Gantnier has represented Loesch brings over 15 years contracts litigation, as well as govern- Bretschneider USPTO, including interfer- Winston Award from Gentry Locke has added two new business clients for more than 20 years of experience in civil and ment contracts-related investigations ences, reexaminations and the Board of Directors associates to its Roanoke office, Abby and has a wide range of experience with business litigation to the Loesch and white-collar defense. She has IPR/CBM/PGR and derivation proceed- Broughton joins the plaintiff’s practice clients in the consumer products and firm. At Praemia Law, her represented government contractors of the Arlington County Varoutsos ings, has joined the Falls Church office Bar Foundation. The and Christina Hubbard joins the busi- financial industries. She provides legal practice will focus on management-side in bid protests before the United States of Whiteford, Taylor & Preston LLP as award is given annually to a member ness litigation practice. and business guidance to clients in the labor and employment law, government Government Accountability Office and senior counsel. Bretschneider’s clients of the Northern Virginia community Broughton has expe- alternative energy and real estate devel- contracts, formation of business entities, the U.S. Court of Federal Claims, and span diverse industries, ranging from who has promoted democratic ideals rience conducting research opment fields. corporate governance, and commercial appeals of those protests to the U.S. aircraft, pharmaceuticals, and electron- and drafting memoranda on contracts and disputes. Court of Appeals for the Federal Circuit. ics to hobby crafts and cutting tools. and advancement of the rule of law through long-standing public service. legal issues related to med- William P. Atkins ical malpractice, personal Global firm Reed Smith has Judge Varoutsos spearheaded the use Broughton of Pillsbury Winthrop Sands Anderson PC has elect- Gordon & Rees marks of special volunteer court appointed injuries, product liability Shaw Pittman LLP is ed three new shareholders: Faith the first anniversary in elected Jeffrey S. Palmore, claims, governmental immunity, limits previously counsel, to part- advocates to represent children who pleased to announce that A. Alejandro, Matthew D. Green, February of its rapidly on liability, and the admissibility of ner in the Global Regulatory are caught up in child custody disputes, the PTAB Handbook is now Atkins and Brian G. Muse. expanding Williamsburg expert testimony. Broughton previously Enforcement Practice of abusive or neglectful families, or juve- a free resource for patent Alejandro is a member office. The firm recently Mechling Palmore served as a legislative intern to Delegate the firm’s Richmond office. nile delinquency. practitioners who work with the Patent of the Business, Litigation, added two more attorneys: Greg Habeeb in the Virginia House of Palmore is a member of the Trial and Appeal Board (PTAB) at the and Government Groups, Anna H. Mechling, senior Virginia Government Relations Team Delegates. U.S. Patent and Trademark Office. The representing companies, counsel, and Jesse D. Heather R. Steele has Before joining Gentry and has been involved with Virginia joined Pesner Altmiller 700+ pages and 3,000+ footnotes of nonprofits, and local Alejandro Pound, associate. Mechling policy and politics for two decades. He Locke, Hubbard worked the handbook continue to analyze governments with a focus is a member of the Melnick & DeMers in as a summer associate with has served as a top advisor to a PTAB decisions and have since the on supporting their labor and employ- Commercial Litigation and Pound Tysons Corner as a partner an AmLaw 100 firm in governor, attorney general, members start of the PTAB. The fifth edition is ment needs, both as a counselor and a Franchise practice groups. practicing in the firm’s civil Steele their Frankfurt, Germany of Congress, and candidates for state- Hubbard available at PTABHandbook.com. This litigator. Alejandro is based in the firm’s She represents clients in franchise litigation department, with office, working on matters wide office. consistently updated website is com- Richmond office. matters, general commercial litigation a focus on community association law, related to banking & finance, mergers pletely searchable and replaces a fourth Green works in the and estate and trust litigation. Pound is business disputes, and landlord-tenant & acquisitions, and intellectual prop- Katie Lipp, an employment edition sold previously by Litigation Group and focus- a litigator who focuses his practice on matters. With the addition of Steele’s erty. Hubbard also interned with the and business attorney for Bloomberg BNA. es his practice on commer- trust and estate litigation, community technology companies, practice which has grown to serve in-house legal department of a Fortune cial litigation, professional association representation, general com- is pleased to announce clients located in Prince William County 500 company, where she advocated in Amelia Bland Waller has liability, products liability, mercial litigation, and employment law. the launch of her new and surrounding areas, the firm will add mediation, negotiated contracts, and Green practice, The Lipp Law Lipp a Manassas office helmed by Steele to its pursued various litigation matters. She is joined the faculty at the and insurance defense. In Firm, PC. Lipp Law serves existing Tysons office. fluent in German and Greek. Appalachian School of Law Waller addition to his extensive jury trial expe-

56 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 57 Professional Notices Law School Digest

Harman Claytor Corrigan Melissa Little, an attorney The Supreme Court of University of Richmond Third-year students University of Virginia School of Law & Wellman welcomes with Blankingship & Keith Virginia has hired Margaret School of Law 3L Matt Henry Dickman and third-year students Justin Aimonetti Danielle Matie Smith, P.C.’s education law and Hannapel Ogden to serve Pangle was the third con- Megan Mers won and Christian Talley won the Stanford P. Bradenham “Brad” litigation group, has been as the first Wellness Coor- secutive Richmond Law the 91st William Law Review’s inaugural student essay Michelle IV, and Connor appointed to serve as the dinator in the Office of the student to win the Virginia Minor Lile Moot competition with “Game Changer: Why Smith Little Ogden Pangle M. Thompson to the firm’s American Bar Association Executive Secretary. Ogden State Bar’s Intellectual Court Competition (l–r): Mers and Dickman and How Congress Should Preempt Richmond office as asso- Young Lawyers Division liaison to the will coordinate the Virginia Lawyers’ Property Section Student Writing at the University of State Student-Athlete Compensation ciates. Smith focuses her Standing Committee on the Law Wellness Initiative, which assists judges, Competition in September with a paper Virginia School of Regimes.” practice on cases involving Library of Congress, an entity of the lawyers, and law students with profes- titled “The Last Laugh: A Case Study in Law. motor vehicle liability, ABA’s Center for Public Interest Law. sional health and wellness initiatives, Copyright of Comedy and the Virtual premises and products Michelle particularly improving mental health Identity Standard.” Kunchok Dolma, a first-year liability, and other civil liti- Richmond small business and substance abuse issues in the legal student at the University gation matters. Michelle will and franchise attorney Eric profession. Prior to this role, Ogden Third-year Catherine Schroeder of the of Virginia School of Law, focus his practice on general Perkins of Perkins Law served as the staff attorney for the University of Richmond School of Law won a New York Emmy for civil litigation. Thompson PLLC was inducted into Pennsylvania Interbranch Commission was recognized with the Best Opening a civic education video pro- Dolma Regent’s Trial Advocacy board and mock trial attendees will focus his practice on in- Thompson the Richmond Tennis Hall Perkins for Gender, Racial and Ethnic Fairness. Argument Award when her team duced by We Speak NYC. surance coverage litigation. of Fame. The RTA is a local Ogden began her career in the Roanoke competed in the semi-finals for Golden In January, Regent University School of 501(c)(3) charitable organization that City Commonwealth Attorney’s office Gate University’s Professor Bernie Law’s Trial Advocacy Board hosted the PilieroMazza is pleased has been promoting tennis across the before going into private practice as a Segal National Criminal Mock Trial Virginia Beach Legal Studies Academy to announce that Jason Richmond Metro Area since 1954. criminal defense attorney. Ogden gradu- Competition. from First Colonial High School for a Blindauer has joined the ated Phi Beta Kappa from the University two-day Mock Trial Challenge. Regent’s firm as an associate in Matthew E. Cheek has of Maryland’s College of Behavioral and Students from Richmond Law’s Law Trial Advocacy team introduced them its Government Contracts Blindauer succeeded F. Anderson Social Sciences and earned a J.D. from Review hosted a CLE and symposium to the law school setting and coached Group. Blindauer provides “Andy” Morse as President Washington & Lee School of Law in on the Stonewall Riots, while students in them in preparation for their mock trial counsel on a wide array of government of the Virginia Law Foun- 2011. the Public Interest Law Review hosted district competition. a CLE and symposium on restorative contracting matters, and also assists dation. Cheek is a partner Cheek (l–r): Camilo Navas Cuervo, Professor Camilo Sánchez, commercial businesses and government at Williams Mullen in justice, both to sold-out crowds. and Uiko Murakami Brianna Pine, a 3L student contractors in joint ventures, subcon- Richmond where he is also a leader of at Washington & Lee tracts, teaming agreements, and cyber- several financial services trade groups. Rachel Barnes ’21, a J.D.- Students with the International Human University School of Law security matters. He also counsels public He is actively involved with the Virgin- Professional Notices MBA candidate at the Rights Clinic at the University of and student attorney in the and private entities on contract for- ia Bankers Association and Virginia University of Virginia Virginia School of Law helped orga- Tax Clinic, won first place Pine mation and administration. Blindauer Association of Community Banks. Email your news and professional School of Law, was elevat- nize a conference in Washington, D.C., in a recent tax advocacy portrait to [email protected] for served as a U.S. Army Infantry Officer, Cheek also served as the president of the ed to national chair of the Barnes that brought experts together to discuss contest sponsored by the Low Income for which he participated in Operation four-state Carolinas-Virginias Chapter publication in Virginia Lawyer. National Black Law Students reforms. Taxpayer Clinic grant program. Pine Iraqi Freedom (OIF) and was awarded of the Risk Management Association. Professional notices are free to Association. created an educational video using a Bronze Star Medal for meritorious Before Williams Mullen, Cheek clerked Virginia lawyers and may be edited animation and a voice recording that service in OIF III. for the Honorable Elizabeth B. Lacy of for length and clarity. explains tax forms and tips to the public. the Supreme Court of Virginia. Pine was recognized at the annual grant conference in December in Washington, D.C.

(l–r): Mills, Cain, Cheema, and Kaloyeropoulou Seeking Nominations for the 2020 (l–r): Griffin Peeples, David Rubin, Elizabeth Donald, Samanta Martinez- Clarence M. Dunnaville Jr. Benjamin Kramer, and Colin Giuseppe Cox University of Virginia School of Law Villarreal, a 3L at George Achievement Award third-year students Molly Cain, Manal Mason University Law A team of University of Virginia Cheema, Eleanora Kaloyeropoulou, and School, spent the fall semes- School of Law students won the Read Mills received this year’s Mary ter as an immigration litiga- The Diversity Conference seeks a Virginia lawyer Martinez- who embodies the conference’s goal of fostering, International and European Tax Moot Claiborne and Roy H. Ritter Prizes, tion student representative Villarreal Court for the second straight year. given to students who best exemplify for the Legal Aid Justice Anyone can join, it’s free, and encouraging, and facilitating diversity and inclusion takes only about two minutes. in the bar, the judiciary, and the legal profession for UVA is the only U.S. school to win the the qualities of honor, character and Center in Falls Church, representing Demonstrate your support for the the 2020 Clarence M. Dunnaville Jr. Achievement competition. integrity. clients in removal and bond proceedings Diversity Conference by becoming Award. The nomination deadline is April 15. at the Arlington Immigration Court. a member today. www.vsb.org/site/ conferences/diversity More information online at http://bit.ly/dunnaville

58 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 59 Law School Digest Classified Ads

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FDRP top ten ad 2020.indd 1 2/10/20 9:49 AM The Last Word The Last Word

matically correct. Take, for example, this sion back into a verb lets us streamline Four Steps to More Concise Writing sentence: the sentence — and make it more active, to boot: by Joe Fore The majority opinion contains a discussion of legislative history. The majority opinion discusses Everyone wants concise writing — Step 2: Start sentences with legislative history. writing that conveys information in conjunctions At just nine words, the sentence Joe Fore is an Associate Professor of Law, the shortest, simplest way possible. But One of the easiest ways to shorten isn’t long from an objective standpoint. Once you’re aware of nominaliza- General Faculty and Co-Director of the Legal while most of us know concise writing Research & Writing Program at the University sentences while preserving flow between Still, because it uses the noun discussion tions, you’ll see them (and cut them) of Virginia School of Law. Have a comment, a when we see it (or, just as often, when them is to start more sentences with rather than the verb discuss, it’s longer everywhere — from pleadings and con- question, or an idea for a future column? Email him at [email protected]. we don’t see it), it can be hard to repli- But and And. Forget what you may have than it needs to be. Not only is discus- tracts to emails and text messages. No cate it in our own work. Here are four learned in school; starting sentences sion a bigger word, using it also forces us longer will you enter into an agreement steps that will have you writing more with conjunctions is not only grammat- to add an article (a), a preposition (of), or make a decision; you’ll simply agree or efficiently in no time. 3 ically correct, it’s good practice. Great and a verb (contains). Changing discus- decide.12 writers do it. The best writers do it all Step 1: Break up long sentences the time.4 Take the Supreme Court’s Shortening sentences is the fastest way 5 Endnotes many as 10 percent) of the sentences in first- -phrases-to-avoid/. 2018 decision in Sessions v. Dimaya. 1 Betterman v. Montana, 136 S. Ct. 1609, 1613 rate writing begin with conjunctions.”). 9 LawProse Lesson #180: Conjunctions as to make your writing more concise. Justice Elena Kagan started nearly 50 For extra impact, combine this tip with (2016). 5 138 S. Ct. 1204 (2018). sentence-starters, LawProse Blog https:// Because legal writing often involves 2 LawProse Lesson #269: Average sentence 6 Id. at 1210-22. www.lawprose.org/lawprose-lesson-180 sentences with But or And in her 25- the previous one and swap longer tran- complex concepts, it can be tempting to length, LawProse Blog , https://www.law 7 Id. at 1223-34. -conjunctions-as-sentence-starters-2/. page majority opinion,6 while Justice sitions for shorter conjunctions at the prose.org/lawprose-lesson-269-average 8 See Bryan A. Garner, The Redbook: A 10 Id. mirror that complexity in long-wind- Neil Gorsuch did it more than two doz- start of your sentences. And can replace -sentence-length/. Manual on Legal Style § 11.2 (3d ed. 11 Wayne Schiess, When verbs become nouns, ed sentences that cram multiple ideas 3 See The Chicago Manual of Style 257 2013); Linda Edwards, Legal Writing Legible Blog (Oct. 2, 2019), en times in his 18-page concurrence.7 Furthermore or Additionally at the start (16th ed. 2010) (noting “no historical or & Analysis 288 (4th ed. 2015); Ross http://sites.utexas.edu/legalwriting/2019/ together. Fight that temptation. of a sentence, while But is a good stand- grammatical foundation” for the idea that Guberman, No Thanks: Six More Words and 10/02/when-verbs-become-nouns/. Instead, break long sentences into writers should not start sentences with Phrases to Avoid, Legal Writing Pro Blog 12 Edwards, supra note 8, at 284-85. 9 shorter ones that each make a distinct Step 3: Use shorter words and phrases in for However. And if you tend to use conjunctions). (Feb. 24, 2015), http://legalwritingpro.com/ 4 Id. (“[A] substantial percentage (often as blog/no-thanks-six-more-words-and point. Then, connect those shorter Short and simple language is a hallmark Therefore, Accordingly, or Consequently sentences with transition words to show of clear, concise writing. So look for to sum up, try the peppier Thus or even 10 the relationships between your ideas. places to purge longer and more com- So. For example, here’s Justice Ruth Bader plex words from your newly-shortened Ginsburg summarizing the life cycle of sentences. But it’s not just about excising Step 4: Nix nominalizations a criminal case in four crisp sentences esoteric terms and legalese — concom- Nominalizations are nouns formed linked with clear transitions (in bold): itantly, heretofore, arguendo. That’s a from other parts of speech — words like given; that’s the easy stuff. What’s harder explanation, settlement, and viabili- Criminal proceedings generally un- is cutting common expressions that are ty.11 They present special problems for fold in three discrete phases. First, longer than they need to be. Anywhere writers seeking concision. First, they’re the State investigates to determine you can save is a plus: fewer letters, few- typically longer than the verbs or adjec- whether to arrest and charge a er words, fewer syllables. Here are some tives they’re formed from (settlement vs. suspect. Once charged, the suspect common legal writing phrases and their settle, viability vs. viable). They also need stands accused but is presumed shorter, simpler substitutes8: extra words to make sentences gram- innocent until conviction upon trial or guilty plea. After conviction, the Longer word/phrase Concise replacement 1 court imposes sentence. prior to before subsequent to, following after Justice Ginsburg’s longest sentence as a result of because contains 17 words; her shortest just notwithstanding despite 6. Now, not every sentence can be as in order to to succinct as her last line. Nor would you utilize use want it to be. Your writing should con- in the present/instant case here tain a variety of sentences — some a bit at the present time now shorter, some a bit longer. But, overall, demonstrates shows strive for an average sentence length of numerous many around 20 words.2 approximately about

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