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Virginia LawyerVOL. 65/NO. 4 • DECEMBER 2016 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar Construction and Public Contracts Law Restoring Felons’ Gun Rights Advancing Mental Health Courts A Detailed Look at Deck Collapse Law Life, Long-Term Care, Health, Professional Liability VIRGINIA Disability & Fixed Annuities & Business Coverage BARRISTERS . Phone .............. 804-270-5128 Phone .............. 804-377-1012 ALLIANCE INC I N S U R A N C E A G E N C Y Toll-Free.......... 800-358-7987 Toll-Free.......... 844-370-9218 A s u b s i d i a r y o f T h e V i r g i n i a B a r A s s o c i a t i o n VBAI_2016_ad_8.5x10.875_4C.indd 1 1/21/2016 2:14:03 PM Virginia Lawyer The Official Publication of the Virginia State Bar December 2016 Volume 65/Number 4 Features Access to GENERAL INTEREST Legal Services 42 Pro Bono Conference Features 16 Mental Health Courts on the Rise Powell Award, New Frankie Muse by The Honorable Joseph A. Migliozzi Jr. and Freeman Award Denisa Muhametaj 44 Putting a Life Back Together 18 Shaking the Virginia Gun Rights 8 Ball by D. Bradley Kent by Seth Saunders 22 They All Fall Down: An Overview of the Law on Deck and Balcony Collapses Noteworthy by Matthew W. Broughton, Gregory D. Habeeb, and Nicole A. Poltash VSB NEWS CONSTRUCTION AND PUBLIC CONTRACTS LAW 46 Highlights of the Virginia State Bar Council Meeting 27 Construction and Public Contracts Law 46 IP Section Student Writing by Jennifer A. Mahar Competition Awards 28 Individual Accountability and Corporate PEOPLE Cooperation — a Year in Review 47 In Memoriam by Dawn L. Merkle 32 Good Law, Smart Business, and Sound Public Policy: Strict Compliance with Notice Provisions Departments in Virginia Public Construction Contracts by Rodolfo R. “Rudy” Remigio 8 Letters 48 CLBA 38 Changes to Differing Site Conditions Clause in 49 VSB TECHSHOW VDOT Construction Contracts Specifications by James Germano 54 CLE Calendar 61 Professional Notices VIRGINIA LAWYER REGISTER 62 Classified Ads and Advertiser’s Index 55 Disciplinary Proceedings 58 Nominations Sought For Awards 56 Disciplinary Summaries 58 Law In Society Essay Contest 57 Notices To Members: 58 Save The Dates Columns 57 Supreme Court of Virginia 58 Comments Sought On Proposed Approves Amendments Rule Changes 10 President’s Message 57 Supreme Court of Virginia 58 Nominations Sought For District 12 Executive Director’s Message Approves Legal Ethics Opinions Committee Vacancies 14 Bar Counsel’s Message 57 Council Approves Rule Changes, 59 Nominations Sought For LEO Committee Vacancies 50 Virginia Law Foundation 60 President-Elect Causey Seeks 51 Law Libraries 58 Criminal Law Seminar Members For Virginia State Bar 58 Free Legal Answers Committees 52 Technology and the Practice of Law Cover: Holiday Mixer Photo by Bill Dickinson, Sky Noir Photography. Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2016–17 OFFICERS 17th Circuit Michael W. Robinson, President Timothy B. Beason, Arlington http://www.vsb.org Doris H. Causey, President-elect John H. Crouch, Arlington Edward L. Weiner, Immediate Past President Adam D. Elfenbein, Arlington Editor: Karen A. Gould, Executive Director and Chief Gregory T. Hunter, Arlington Gordon Hickey Operating Officer David A. Oblon, Arlington ([email protected]) EXECUTIVE COMMITTEE 18th Circuit Michael W. Robinson, Tysons Corner, President Barbara S. Anderson, Alexandria Assistant Editor and Advertising: Doris H. Causey, Richmond, President-elect Foster S. B. Friedman, Alexandria Carolyn M. Grimes, Alexandria Deirdre Norman Edward L. Weiner, Fairfax, Immediate Past President ([email protected]) 19th Circuit Marni E. Byrum, Alexandria James F. Davis, Fairfax Nancy C. Dickenson, Abingdon David J. Gogal, Fairfax Graphic Design: Eugene M. Elliott, Roanoke Joyce M. Henry-Schargorodski, Fairfax Caryn B. Persinger William E. Glover, Fredericksburg Chidi I. James, Fairfax ([email protected]) Leonard C. Heath, Jr., Newport News Douglas R. Kay, Tysons Corner Todd A. Pilot, Alexandria David L. Marks, Fairfax Barbara S. Anderson, Alexandria, CLBA Chair Gary H. Moliken, Fairfax Latoya A. Capers, Arlington, Diversity Jay B. Myerson, Reston VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) Conference Chair Luis A. Perez, Falls Church is published six times a year by the Virginia State Bar, Bruce E. Robinson, South Hill, SLC Chair William B. Porter, Fairfax Dean E. Lhospital, Charlottesville, YLC President Dennis J. Quinn, Tysons 1111 East Main Street, Suite 700, Richmond, Virginia William L. Schmidt, Fairfax COUNCIL 23219-0026; Telephone: (804) 775-0500. Subscription Melinda L. VanLowe, Fairfax Rates: $18.00 per year for non-members. This material 1st Circuit Michael M. York, Reston Nancy G. Parr, Chesapeake is presented with the understanding that the publisher 20th Circuit 2nd Circuit Christine H. Mougin-Boal, Leesburg and the authors do not render any legal, accounting, Steven G. Owen, Virginia Beach T. Huntley Thorpe, III, Warrenton or other professional service. It is intended for use by Judith L. Rosenblatt, Virginia Beach 21st Circuit Daniel M. Schieble, Virginia Beach attorneys licensed to practice law in Virginia. Because of Joan Ziglar, Martinsville 3rd Circuit the rapidly changing nature of the law, information 22nd Circuit Nicholas D. Renninger, Portsmouth Lee H. Turpin, Chatham contained in this publication may become outdated. As 4th Circuit 23rd Circuit a result, an attorney using this material must always Ann B. Brogan, Norfolk Eugene M. Elliott, Jr., Roanoke research original sources of authority and update Gary A. Bryant, Norfolk K. Brett Marston, Roanoke Neil S. Lowenstein, Norfolk information to ensure accuracy when dealing with 24th Circuit 5th Circuit David B. Neumeyer, Lynchburg a specific client’s legal matters. In no event will the Carl Phillips “Phil” Ferguson, Suffolk authors, the reviewers, or the publisher be liable for 25th Circuit 6th Circuit Roscoe B. Stephenson, III, Covington any direct, indirect, or consequential damages resulting Ronnie H. West, Emporia 26th Circuit from the use of this material. The views expressed herein 7th Circuit Nancy M. Reed, Luray Leonard C. Heath, Jr., Newport News are not necessarily those of the Virginia State Bar. The 27th Circuit inclusion of an advertisement herein does not include 8th Circuit R. Cord Hall, Christiansburg Marqueta N. Tyson, Hampton an endorsement by the Virginia State Bar of the goods 28th Circuit 9th Circuit or services of the advertiser, unless explicitly stated William M. Moffet, Abingdon W. Hunter Old, Williamsburg otherwise. Periodical postage paid at Richmond, 29th Circuit 10th Circuit Joseph M. Bowen, Tazewell Virginia, and other offices. Charles H. Crowder, III, South Hill 30th Circuit 11th Circuit William E. Bradshaw, Big Stone Gap Dale W. Pittman, Petersburg 31st Circuit POSTMASTER: 12th Circuit Maryse C. Allen, Prince William Graham C. Daniels, Chester Send address changes to MEMBERS AT LARGE VIRGINIA LAWYER 13th Circuit Marni E. Byrum, Alexandria MEMBERSHIP DEPARTMENT Paula S. Beran, Richmond Nancy C. Dickenson, Abingdon Brian L. Buniva, Richmond Afshin Farashahi, Virginia Beach 1111 E MAIN ST STE 700 Dabney J. Carr, IV, Richmond William E. Glover, Fredericksburg RICHMOND VA 23219-0026 Leah A. Darron, Richmond Eva N. Juncker, Falls Church Christy E. Kiely, Richmond Beverly P. Leatherbury, Eastville George W. Marget, III, Richmond Todd A. Pilot, Alexandria Eric M. Page, Richmond Lorrie A. Sinclair, Leesburg A Benjamin Spencer, Charlottesville 14th Circuit Jon A. Nichols, Jr., Glen Allen Conference of Local Bar Associations Chair Daniel L. Rosenthal, Richmond Barbara S. Anderson, Alexandria Rhysa G. South, Henrico Diversity Conference Chair 15th Circuit Latoya A. Capers, Arlington Virginia State Bar Staff Directory Jennifer L. Parrish, Fredericksburg Senior Lawyers Conference Chair Frequently requested bar contact 16th Circuit Bruce E. Robinson, South Hill information is available online at R. Lee Livingston, Charlottesville Young Lawyers Conference President Palma E. Pustilnik, Charlottesville Dean E. Lhospital, Charlottesville www.vsb.org/site/about/bar-staff. 4 VIRGINIA LAWYER | December 2016 | Vol. 65 www.vsb.org We are employee benefits specialists dedicated to the needs of Virginia law firms. Simplifying the Employee Benefits Experience FOUR WAYS WE HELP YOU WIN: Group Health Insurance Individual Health Insurance Term Life Insurance Disability Insurance VIRGINIA STATE BAR MEMBERS’ INSURANCE CENTER an affiliate of Digital Benefit Advisors endorsed by the Virginia State Bar Robert Spicknall, CEBS, President | P: 877.214.5239 E: [email protected] | www.vsbmic.com Cosby, James C. Franklin, Humes Jefferson, III Cowan, James K., Jr. Franklin, Jeanne F. Cox, H. David Friedman, Frank K. Cox, James P., III Frith, T. Daniel, III Craddock, John Gammon, T. Brent Craddock, Michele Garczynski, Eileen Crane, Prof. Paul Gardner, Michael P. Crawford, Mark D. Gayle, John Cole, Jr. Creasman, Kay M. Gibbons, Sean M. Crigler, Hon. B. Waugh Gibbs, Hon. Angela F. Crouch, Richard E. Gibney, Hon. John A., Jr. Curtin, Kevin J. Giles, Malissa Lambert Curtis, Kenneth W. Gill, Elizabeth Dahnk, Jean P. Glenn, Anne M. Daniel, Hon. Kimberly J. Goetz, John Daniel, James A. L. Gogal, David J. ® Daniel, Kathy Goodale, Geoffrey M. ach year Virginia CLE recruits hundreds of the most highly Daniel, Lars E. Gordon, Jesse B. regarded lawyers and professionals in Virginia and beyond Dare, R. Mark Gorman, Thomas P. E Dart, Patricia A. Gould, Karen A. Davenport, Bradfute W., Jr. Graham, J. Patton to share their expertise with the Virginia legal community. Davenport, Dale A. Grana, Stephanie E. Davidson, C. Simon Graves, Terrence L. Despite their own professional responsibilities and busy Davidson, John E. Gray, Daniel L. schedules, these volunteers contribute great effort and time Davis, Edward L. Gray, J. William, Jr. Davis, Guy A. Gray, William A. preparing and delivering thorough, clear, wise, and helpful Davis, Rita Green, Ann McGee Day, Julie Hottle Grigg, Virginia H. exposition on diverse topics relevant to legal practice in Virginia. De Ridder, Patrick A. Grosser, James M. Decker, Hon. Marla Graff Grosvenor, Cheri A.
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