8/22/2018 Virginia State Bar - About the Bar - Annual Reports - 75th Annual Report
ABOUT THE BAR 75th Annual Report
Virginia State Bar 2012-13 Annual Report for the period July 1, 2012 - June 30, 2013
Administrative / Governing Reports
Report of the Executive Director/Chief Operating Officer Virginia State Bar Organizational Chart (PDF document) Report of the Treasurer Report of the Office of Bar Counsel Minutes of the 75th Annual Meeting In Memoriam
Reports of the Sections
Administrative Law Antitrust, Franchise & Trade Regulation Bankruptcy Law Business Law Construction Law & Public Contracts Corporate Counsel Criminal Law Education of Lawyers in Virginia Environmental Law Family Law General Practice Health Law Intellectual Property Law International Law Litigation Local Government Law Military Law Real Property Taxation Trusts and Estates
Reports of the Conferences
Conference of Local Bar Associations Diversity Conference http://www.vsb.org/site/about/75th-annual-report 1/2 8/22/2018 Virginia State Bar - About the Bar - Annual Reports - 75th Annual Report Senior Lawyers Conference Young Lawyers Conference
Reports of the Standing Committees
Budget and Finance Lawyer Discipline Legal Ethics Professionalism Unauthorized Practice of Law
Reports of the Special Committees
Access to Legal Services Bench-Bar Relations Communications Information Technology Judicial Candidate Evaluation Committee Lawyer Malpractice Insurance Lawyer Referral Personal Insurance for Members Resolution of Fee Disputes Seminars Technology and the Practice of Law
Reports of the Special Boards
The Clients' Protection Fund Board Mandatory Continuing Legal Education
Reports of Joint Committees
Virginia ADR Joint Committee
Updated: Jun 23, 2015
http://www.vsb.org/site/about/75th-annual-report 2/2 8/22/2018 Virginia State Bar -
Report of the Executive Director/Chief Operating Officer
Karen A. Gould Membership in the Virginia State Bar grew slowly this year. Total “in good standing” membership increased to 47,383, an increase of 1,069, approximately a 1% increase from last year's membership number.
2012-13 2011-12
Active 31,027 29,602
Corporate Counsel Admittees 896 913
Corporate Counsel Registrants 487 455
Associate 12,569 12,263
Judicial 1,221 1,168
Retired/Disabled 2,079 1,913
Total 47,383 46,314
Bar Activities, Officers, and Council During 2012-2013 Karen A. Gould has served as executive director since January 1, 2008.
W. David Harless of Richmond served as president of the bar from June 16, 2012, until June 16, 2013. President Harless advanced the mission of the Virginia State Bar throughout his term as president by advocating on behalf of the bar staff, encouraging the formation of bench-bar conferences, advocating for the passage of the payee notification legislation before the 2013 General Assembly, assisting staff in the myriad of details involved in obtaining new bar office space, and speaking eloquently and forcefully whenever called upon regarding the mission of the Virginia State Bar. He also focused his term on the VSB's relationship with the voluntary statewide bar organizations.
Sharon D. Nelson of Fairfax was unopposed in the 2011 election for that office to serve as president-elect during 2012-2013. Kevin E. Martingayle of Virginia Beach and Raymond B. Benzinger of Arlington filed petitions for the office of president-elect. Ballots were mailed out November 5, 2012 to active VSB members in good standing. Mr. Martingayle prevailed over Mr. Benzinger. http://www.vsb.org/site/about/kg-ceo-report-1213 1/9 8/22/2018 Virginia State Bar - Mr. Martingayle will serve ex officio on the VSB Executive Committee during 2013-2014 as president-elect. Doris E.H. Causey, D. Sue Baker Cox, Tracy A. Giles, Ray W. King, will continue to serve on the Executive Committee during the 2013-2014 bar year. Alan A. Anderson and William L. Schmidt were elected by the council as new members of the 2013-14 executive committee, replacing Mr. Buniva and Mr. Martingayle. Eugene M. Elliott, Jr. and John M. Oakey, Jr., the new chairs of the Conference of Local Bar Associations and Senior Lawyers Conference, respectively, and Kenneth L. Alger, II, the incoming president of the Young Lawyers Conference, complete the 2013-14 roster of the executive committee.
The chair-elect of the Diversity Conference, Rupen Shah, became its chair at the bar’s Annual Meeting and will represent the Diversity Conference at the executive committee and council meetings for the 2013-14 fiscal year.
Uncontested Elections
The following circuits did not have contested elections for a three-year term beginning July 1, 2013.
CIRCUIT 2: Daniel Schieble (replaces Kevin Martingayle who will become president-elect)
CIRCUIT 3: Nicholas D. Renninger (replaces George Willson)
CIRCUIT 4: David Lannetti (re-election)
CIRCUIT 13: Christy E. Kiely (replaces Brian Buniva)
CIRCUIT 16: Alex R. Gulotta (replaces Ron Tweel)
CIRCUIT 19: Sean P. Kelly (re-election), James A. Watson II (replaces Ed Weiner)
CIRCUIT 23: Mark K. Cathey (re-election)
CIRCUIT 26: W. Andrew Harding (re-election)
CIRCUIT 27: Richard L. Chidester (re-election)
CIRCUIT 31: Gifford R. Hampshire (re-election)
Contested Elections by Mail Ballot (winners denoted by *)
CIRCUIT 5 (one Council position to replace Bill Riddick) *C. Phillips “Phil” Ferguson – 56 Fred D. Taylor – 31
CIRCUIT 11 (one Council position to replace Ray Lupold who was elevated to the bench) Henry O. Brown – 3 *Dale W. Pittman – 24 Joseph M. Teefey, Jr. – 19
http://www.vsb.org/site/about/kg-ceo-report-1213 2/9 8/22/2018 Virginia State Bar - CIRCUIT 17 (three Council positions to replace Mark Cummings and Greg Hunter; Ray Benzinger can be reelected) Timothy B. Beason – 91 *Raymond B. Benzinger – 92 *John H. Crouch – 104 *Harry A. Dennis III – 103
CIRCUIT 20 (one Council position to replace Peter Burnett) *Christine Mougin-Boal – 129 Thomas K. Plofchan, Jr. – 45
Council Elections by Meetings
A third category of Council elections are those circuits that vote at a meeting. This category further breaks down into two categories, Council members who can be reelected and those who cannot. In the 22nd and 29th circuits, Mark Holland and Gene Compton, respectively, cannot be reelected. In the 6th and 24th circuits, Peter Eliades and Ted Craddock can be reelected and serve another term. The Chief Judge of these circuits convened a circuit meeting to vote on Council representation for their circuits.
CIRCUIT 6: Peter D. Eliades (Hopewell) (re-elected)
CIRCUIT 22: Lee H. Turpin (Chatham)
CIRCUIT 24: David B. Neumeyer (Lynchburg)
CIRCUIT 29: Joseph M. Bowen (Tazewell)
New and Reappointed At-Large Members
Michael HuYoung (Richmond) and Beverly Powell Leatherbury (Eastville) have been reappointed by the Supreme Court of Virginia to serve again as at-large members of Council for a second three-year term. Nancy Dickenson of Abingdon was appointed to replace Margaret Nelson (Lynchburg), effective July 1, 2013, for her first three year- term.
The following conference chairs and president will serve on council during the 2013- 2014 bar year:
Eugene M. Elliott, Jr., Conference of Local Bar Associations John M. Oakey, Jr., Senior Lawyers Conference Kenneth L. Alger, II, Young Lawyers Conference Rupen Shah, Diversity Conference
In summary, council consists of the three officers, four conference chairs, nine at-large members appointed by the Supreme Court of Virginia, and sixty-five elected members.
VSB Budget The Supreme Court of Virginia and Council approved the FY2013-2014 budget.
707 E. Main Street Leasehold Dominion Resources, which owns 707 E. Main Street, informed us on February 13, 2013, that the bar’s lease will not be renewed. The bar’s lease, originally set to expire http://www.vsb.org/site/about/kg-ceo-report-1213 3/9 8/22/2018 Virginia State Bar - on August 31, 2013, has been extended to April 30, 2014. The VSB has received an exemption from working with the Commonwealth’s Department of Real Estate Services (DRES) to find new space, although the Secretary of Administration must still approve the lease after it is approved by the Director of the Department of General Services. A request for proposal for a broker/agent to represent the bar was issued on April 11, 2013, and the bar has chosen the brokerage firm of CBRE to represent it.
Payee Notification Proposal Through the joint efforts of the Virginia Trial Lawyers Association, the Virginia Bar Association, the Virginia Association of Defense Attorneys, the Virginia State Bar, and members of the VSB’s Payee Notification Task Force, the payee notification proposal was successfully shepherded through the General Assembly by Senator Mark Obenshain. It was voted out of committee unanimously and by both the House and the Senate unanimously. As of this writing, it awaits the Governor’s signature. The proposal, as passed, provides as follows:
§ 38.2-236. Notice of settlement payment.
A. Upon payment by any insurer of at least $5,000 in a single check to an attorney licensed in the Commonwealth, or other representative, in settlement or satisfaction by an insured or a third party of any claim arising out of an insurance policy issued or delivered in the Commonwealth, the insurer shall send to the claimant or judgment creditor on the underlying insurance or liability claim a notice of such payment as required by subsection B within five business days after the date payment is made or sent to the attorney or other representative of the claimant or judgment creditor. A copy of the notice shall be sent simultaneously to the attorney or representative of the claimant or judgment creditor.
B. The notice required pursuant to subsection A shall be sent to the physical address, or email or other electronic address, furnished by the claimant or judgment creditor to the insurance company, unless the claimant or judgment creditor has notified the insurance company in writing that he waives notice of payment. In the absence of any address or waiver furnished by the claimant or judgment creditor, the notice shall be sent to the last known physical address, or email or other electronic address, of the claimant or judgment creditor.
The notice shall be sent by the insurance company only after a settlement has been agreed to by the attorney or other representative of the claimant or judgment creditor, and shall contain only the following language:
"Pursuant to § 38.2-236 of the Code of Virginia, you are hereby notified that a payment was sent on (insert date on which payment was sent) by (insert name of insurer) to your attorney or other representative (insert name, address, and telephone number of attorney or other representative known to insurer), in satisfaction of your claim or judgment against (insert name of insurer, or insured, whichever is appropriate).
If you have any questions, please contact your attorney or other representative."
C. Nothing in subsection A or B shall (i) create any cause of action for monetary damages for any person against an insurer based upon a failure to provide http://www.vsb.org/site/about/kg-ceo-report-1213 4/9 8/22/2018 Virginia State Bar - notice as required by this section or the provision of a defective notice, (ii) establish a defense for any person to any cause of action based on a failure to provide notice as required by this section or the provision of a defective notice, or (iii) invalidate or in any way affect the settlement or satisfaction for which the payment was made by the insurer.
D. Except as provided and authorized by this section, no insurer shall otherwise communicate with a claimant or judgment creditor known to be represented by an attorney licensed in the Commonwealth, or other representative, regarding settlement of a claim or satisfaction of a judgment without the written consent of such attorney or other representative.
Clients’ Protection Fund Rules of Procedure Amended The Clients’ Protection Fund (CPF) Board’s proposed changes to the CPF Rules of Procedure were approved by Council at the February 23, 2013, meeting. A client would generally have seven years to make a claim from the time the client “knew or should have known” of the lawyer’s dishonest conduct. Another change would permit the CPF board to award return of a partial fee, if it found that the lawyer had provided some legal services.
The CPB Board is undertaking an actuarial study of the CPF to determine whether the CPF will be adequate to meet future projected claims. The CPF $25 assessment paid by Virginia’s active lawyers expires June 30, 2015.
The Clients’ Protection Fund was established in 1976 to make monetary awards to persons who suffered financial losses due to the dishonest conduct of Virginia lawyers. The total amount paid during 2011-2012 was $649,300 for forty-eight claims. Fifteen petitions were denied and fifteen petitions were rejected for not meeting the CPF rule requirements. The fund balance as of December 31, 2012, was $6,557,731.41.
Indigent Defense Task Force Proposal Forwarded to Supreme Court of Virginia At the February 2013, Council meeting, the IDTF, through its chairperson Alexander N. Levay, Jr., presented a report of its activities since its inception in 2004, and presented a recommendation that Virginia Supreme Court Rule 3A:11 be amended to broaden discovery in criminal matters. Before presentation to Council of its draft of proposed changes, the IDTF accepted amendments from the bar's Standing Committee on Legal Ethics bringing the draft of Rule 3A:11 into compliance with LEO 1862. In advance of Council's February 2013, meeting, the bar published for comment the IDTF's draft of proposed changes to Rule 3A:11.
Following Mr. Levay's presentation of the IDTF's report and proposed changes to Rule 3A:11, Council received the oral presentations of B. Leigh Drewry, Jr., President of the Virginia Association of Criminal Defense Attorneys, and Michael R. Doucette, President of the Virginia Association of Commonwealth's Attorneys. Mr. Drewry spoke in favor of the IDTF recommendations and Mr. Doucette spoke in opposition.
In February 2004, Council approved creation of the IDTF under the auspices of the VSB's Access to Legal Services Committee. Its charge was to study the indigent defense delivery system in Virginia and make recommendations to Council for improvements by its October 2004, meeting. At its October 2004, meeting, Council unanimously approved a number of proposals presented by the IDTF, including a proposal that "the rules of discovery be broadened to allow for more access to http://www.vsb.org/site/about/kg-ceo-report-1213 5/9 8/22/2018 Virginia State Bar - information in a criminal case." Council authorized the IDTF to submit its proposals to the Indigent Defense Commission for its review and possible inclusion in future proposed legislation to the General Assembly.
In 2010, the bar reconstituted the IDTF and directed that it consider and develop a proposal relating to discovery procedures in criminal matters for public comment and consideration thereafter by the Supreme Court. Council's action during the February 2013, meeting was solely to consider whether the Task Force had fulfilled its assigned mission and then to decide whether to approve forwarding the IDTF proposal to the Supreme Court accompanied by all public comments. By a vote of 51-3, Council answered these questions in the affirmative. Council did not approve or endorse the IDTF's proposed changes to Rule 3A:11, but rather approved the transmittal of the IDTF recommendation to the Supreme Court for its consideration and action, if any, that it deems appropriate.
New Hires in Discipline Department Anastasia K. Jones replaced Seth Guggenheim effective July 9, 2012. Also joining the bar on July 9, 2012 was Roanoke attorney Mary Beth Nash, who became the bar's newest investigator, working cases from the 8th, 9th and 10th districts.
Enterprise Client Management Project After undertaking a high level assessment of its operations and record management needs in FY2011, in FY2012, the bar developed a request for proposal to purchase enterprise content records management software and purchased the software from Open Text. During fiscal year 2012-2013, consultants completed the content inventory, aligned the content items with required and best practices record-retention policies, issued an RFP for consultants to undertake implementation of the ECRM project, which was awarded to The IQ Group Consultants, who began work on January 24, 2013.
ALPS ALPS Property & Casualty Insurance Company (dba Attorneys Liability Protection Society, A Risk Protection Group) (ALPS) is the VSB's endorsed lawyers' professional liability carrier, a position it has held since October 2000. ALPS has an A.M. Best financial strength rating of A- (Excellent). In June 2012, ALPS notified the VSB that while its financial strength rating had been reaffirmed by Best at A- (Excellent), its outlook had been changed from Stable to Negative. On May 28, 2013, ALPS notified us A.M. Best again revised its ALPS outlook, this time from Negative to Stable. The A.M. Best press release (attached) noted that the designation comes "on the heels of a record-breaking year for ALPS, with 2012 recording the highest policyholder surplus in company history," $34.4 million.
In 2012 year-end results, ALPS reported a net combined ratio of 96.10% overall with the Virginia book at 99.66%. Of its total 12,643 insureds, 3,405 were Virginia attorneys as of 12/31/2012. As of 6/30/2013, 3,720 Virginia lawyers were insured by ALPS in 1,930 firms. Claims frequency in 2012 was 4.88% in Virginia, compared to 4.04% overall. Gross written premium from the Virginia book was $8,952,606, and overall was $40,497,693. Net written premium from Virginia was $6,159,085, and overall was $27,861,019.
ALPS continues to move forward with plans to relinquish its Risk Retention Group status and become an admitted carrier in all states in which it does business. In consultation with the Virginia State Corporation Commission, it withdrew its Virginia http://www.vsb.org/site/about/kg-ceo-report-1213 6/9 8/22/2018 Virginia State Bar - application in February, but plans to re-file later this year after the completion of a triennial financial examination. Acceptance of ALPS as an admitted carrier in Virginia will require them to be part of the Virginia Guarantee Fund.
On the risk management front, ALPS contributed 3% of its Virginia gross written premium in 2012, or $233,000, to support a variety of VSB risk management activities. Those dollars, administered by the Virginia Lawyers Malpractice Insurance Committee, supported a statewide Fall risk management tour (where 1,400 Virginia attorneys earned 3 hours of CLE ethics credit), a Hanging Out a Shingle mini-tour, three webinars, nine programs uploaded into a Virginia on-demand library and the retention of a dedicated, full-time Virginia risk manager able to serve as a risk management resource with local bars and engage in article publication, blogging and fielding Virginia lawyer calls.
Finally, long-time ALPS CEO Robert W. Minto Jr. recently transitioned into his new role as Executive Chair of the ALPS board of directors, making way for insurance industry veteran David Bell to take the reins as CEO. Bell was previously ALPS’ President and Chief Operating Officer.
Online Dues Renewal The VSB's online dues renewal process was effective for the first time with the 2011 dues renewal season. The new system resulted in the collection of fewer penalties. Participation by members was much higher than expected for the first year of usage. In September 2012, online dues renewal improved by $724,260 from last year, the 2nd year of the program’s existence.
FY2012 Audit Report The audit report for FY2012, completed January 15, 2013, found (1) proper recording and reporting of all transactions in the Commonwealth Accounting and Reporting System and our internal financial system; (2) no matters involving internal control and its operations necessary to bring to management’s attention; and (3) no instances of noncompliance with applicable laws and regulations or other matters that are required to be reported.
Regulatory Changes Amendments to Rules of Professional Conduct 7.1-7.4
Effective July 1, 2013, the Supreme Court of Virginia approved amendments to Rules 7.1-7.5 of the Rules of Professional Conduct. The amendments move specific examples of lawyer advertising statements or claims from the body of rules to the comment sections. They also remove unnecessary and redundant language.
Here is how the approved amendments change the current rules.
The terms “fraudulent” and “deceptive” are removed from Rule 7.1. A communication that is “false or misleading” violates the rule. The disclaimer required for advertising specific or cumulative case results has been removed from Rule 7.2—which has been eliminated in its entirety—and is now Rule 7.1(b). The disclaimer shall: (i) put the case results in a context that is not misleading; (ii) state that case results depend upon a variety of factors unique to each case; and (iii) further http://www.vsb.org/site/about/kg-ceo-report-1213 7/9 8/22/2018 Virginia State Bar - state that case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.
The disclaimer shall precede the communication of the case results. When the communication is in writing, the disclaimer shall be in bold type face and uppercase letters in a font size that is at least as large as the largest text used to advertise the specific or cumulative case results and in the same color and against the same colored background as the text used to advertise the specific or cumulative case results. Other than specific or cumulative case results, examples of statements or claims considered to be “false or misleading” have been taken out of Rule 7.1 and placed in the comments. Former subparagraphs (1)-(4) were deleted. Comment [1] to Rule 7.1 was substantially rewritten to describe the types of communications subject to regulation under Rule 7.1and to exclude other forms of non-commercial speech. Rule 7.2 was eliminated in its entirety, although the specific and cumulative case results disclaimer requirement is now Rule 7.1(b) and provisions in Rule 7.2 regulating written solicitation and paying others to recommend a lawyer have been incorporated within Rule 7.3. Rule 7.3 addresses in-person and written solicitation of potential clients. The amendments to Rule 7.3 remove the current per se prohibition of in-person solicitation in personal injury and wrongful death cases. Effective July 1, 2013, in-person and written solicitation will be improper only if: the potential client has made known to the lawyer a desire not to be solicited by the lawyer; or the solicitation involves harassment, undue influence, coercion, duress, compulsion, intimidation, threats or unwarranted promises of benefits. Rule 7.3 also regulates payment or rewards to persons for recommending employment, prohibiting a lawyer from giving anything of value to a referral source except that the lawyer may: pay the reasonable costs of advertisements or communications permitted by this Rule and Rule 7.1; pay the usual charges of a legal service plan or a not-for-profit qualified lawyer referral service (note that the lawyer referral service must be a non-profit entity); pay for a law practice in accordance with Rule 1.17; and give nominal gifts of gratitude that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer's services. Rule 7.3’s regulation of written solicitations has been simplified with regard to the “ADVERTISING MATERIAL” labeling requirement. Rule 7.4 regulates claims of specialization and expertise and the current rule is substantially unchanged by the amendments. Rule 7.5 is substantially unchanged with the exception of a new Comment [3] that states that lawyers should practice using the official name under which they are licensed or seek an appropriate and legal change of name from the Supreme Court of Virginia. The lawyer’s use of a name other than the lawyer's name on record with the Virginia State Bar may be a misleading communication about the lawyer's services to the public in violation of Rule 7.1. http://www.vsb.org/site/about/kg-ceo-report-1213 8/9 8/22/2018 Virginia State Bar -
Revisions to Clients’ Protection Fund Rules of Procedure
At its meeting on February 23, 2013, the Virginia State Bar Council approved the Clients’ Protection Fund Board's proposal that the Rules of Procedure of the Clients’ Protection Fund be amended to clarify how the Board processes claims for reimbursement.
Bylaws revisions to election procedures for president-elect and council
At its meeting on October 19, 2012, the Virginia State Bar Council approved the Membership Task Force’s proposal that the VSB bylaws be amended to permit the use of means, other than U.S. mail, for election notification and balloting.
Amendment to Bylaws to give Diversity Conference chair a seat on the Executive Committee
At its meeting on June 13, 2013, the Virginia State Bar Council approved the VSB Diversity Conference's proposal to amend the bylaws to place its chair on the Executive Committee.
Proposed Emergency Legal Services rule
Pending before the Supreme Court is a proposal for an Emergency Legal Services rule which would set up a system for the provision of emergency legal services in the event of a disaster. The Virginia Supreme Court would first have to declare an emergency to trigger the rule coming into play. Under the proposal, out-of-state lawyers could provide pro bono legal services to Virginia citizens within certain constraints, and displaced out- of-state lawyers could provide legal services in Virginia on a temporary basis if those services were reasonably related to the lawyer's practice in the affected jurisdiction. The proposal was unanimously approved by the council on June 19, 2008, and was submitted to the Court on July 11, 2008.
Sample VSB Meetings and Programs
May 3, 2013 | Ninth Annual Indigent Defense Training Seminar, Richmond May 9, 2013 | Past Presidents’ Dinner, Richmond May 13-15, 2013 | Circuit Court Judges’ Conference, Roanoke May 23, 2013 | VSB Solo & Small Firm Forum, Staunton June 3, 2013 | VSB/YLC Admission & Orientation Ceremony, Richmond June 12, 2013 | VSB Executive Committee meeting, Virginia Beach June 13, 2013 | VSB Council meeting, Virginia Beach June 13-16, 2013 | VSB Annual Meeting, Virginia Beach
Updated: Aug 01, 2013
http://www.vsb.org/site/about/kg-ceo-report-1213 9/9 COUNCIL VIRGINIA STATE BAR ORGANIZATIONAL CHART EXECUTIVE COMMITTEE
PRESIDENT/ PRESIDENT-ELECT
EXECUTIVE DIRECTOR/ CHIEF OPERATING OFFICER
COMMUNICATIONS PROFESSIONAL AND PUBLIC SERVICE REGULATION ETHICS/ UNAUTHORIZED PRACTICE OF LAW
INTAKE REVIEW, ACCESS TO LEGAL CLERK'S OFFICE DISCIPLINARY SERVICES INVESTIGATIONS AND DISCIPLINARY MEMBER PROCEEDINGS COMPLIANCE
CLIENTS' PROTECTION FUND, COMMUNICATIONS LAWYER REFERRAL, FEE DISPUTE RESOLUTION PROGRAM FINANCE/ PROCUREMENT
INFORMATION LOCAL AND SPECIALTY TECHNOLOGY BAR RELATIONS HUMAN RESOURCES/ FACILITIES
BAR SERVICES
Oct-17
HARRY L. CARRICO PROFESSIONALISM COURSE
8/22/2018 Virginia State Bar -
Virginia State Bar Report of the Treasurer
Cash with the Treasurer of Virginia as of June 30, 2013
http://www.vsb.org/site/about/report-of-the-treasurer-1213 1/3 8/22/2018 Virginia State Bar -
Cash with the Treasurer of Virginia as 5,635,011.30 of July 1, 2012:
Revenue:
Membership Dues 8,860,138.62
Clients' Protection Fund Assessment & 770,513.70 Restitution
Professional Corporations 127,200.00
Section Dues 380,383.40
Virginia Lawyer and Virginia Lawyer 60,687.87 Register
Virginia Lawyer Referral Service 208,725.00
Mandatory Continuing Legal Education 1,014,622.50
Professionalism Course 227,550.00
Cost Taxing & Bonds 169,637.93
Seminars and Miscellaneous 282,339.78
CRESPA Registration 34,065.94
Administration and Finance Account 127,368.00
Reimbursement from Receivers 81,177.33
Grants (850.00)
Total Revenue 12,343,560.07
Operating Expenditures:
Salaries, Wages and Benefits 8,567,843.10
Receivers 121,710.48
Office Rent 465,270.44
Furniture and Equipment 31,096.90
Supplies, Stationery and Forms 51,544.29
Printing and Copying 152,389.47
Postage 191,930.03
Telephone 85,908.49
Staff Travel 106,846.12
Computer 171,861.26
http://www.vsb.org/site/about/report-of-the-treasurer-1213 2/3 8/22/2018 Virginia State Bar - Council, Committees and Board 404,570.06
Professionalism Course 145,291.70
Sections & Conferences 368,752.76
Attorney General's Office Fees 40,231.24
Chief Justice's Programs and Projects 217,822.76
Other Operating Expenditures 241,445.72
Total Operating Expenditures 11,364,514.82
Other Disbursements and Transfers:
Other Technology Projects 382,616.22
Lawyers Helping Lawyers 135,000.00
Administration and Finance Account 127,368.00 Transfers
Clients' Protection Fund Transfers 770,513.70
Grant Expenditures 1,970.15
Transfers per Legislature 268.00
Total Other Disbursements and 1,417,736.07 Transfers
Cash with the Treasurer of Virginia as 5,196,320.48 of June 30, 2013:
Updated: Sep 19, 2013
http://www.vsb.org/site/about/report-of-the-treasurer-1213 3/3 8/22/2018 Virginia State Bar -
Report of the Office of Bar Counsel
Edward L. Davis I. Overview The Office of Bar Counsel [OBC] consists of the following departments: intake, ethics and discipline. The intake department initially receives and screens all inquiries to the bar about attorney conduct and proactively handles inquiries involving minor misconduct. It also performs preliminary investigations in a limited class of cases. The ethics department provides confidential ethics advice to Virginia lawyers through the bar’s ethics hotline or email inquiry service. It supports the Standing Committee on Legal Ethics in the issuing of legal ethics opinions, the development of proposed changes to the Rules of Professional Conduct, the issuing of advertising opinions, and the review of lawyer advertising. It also supports the Standing Committee on the Unauthorized Practice of Law (UPL) in the issuing of UPL opinions and the investigation of UPL allegations. The discipline department receives complaints forwarded from the intake department and conducts investigations and prosecutions of such cases before District Committees, the Disciplinary Board and three-judge circuit courts. It also petitions the circuit courts for injunctions and the appointment of receivers when such relief is necessary to prevent the loss of client property by dishonest lawyers, or when needed to wind up the practices of disabled, deceased or disbarred attorneys if no other person is reasonably able to do so.
In FY 2013 there were significant personnel changes and, as in recent years, the bar made significant gains in productivity and the reduction of open cases.
II. Personnel Matters Prescott L. “Scott” Prince and Anastasia K. Jones joined the Department of Professional Regulation as assistant bar counsel effective June 25 and July 9, 2012, respectively. Each brought a wealth of trial and practice experience expected to help the bar address the ever growing volume and complexity of disciplinary cases arising in Northern Virginia. Scott is a graduate of Davidson College and the Washington & Lee University School of Law. Following four years as an active Navy officer, he spent 20 years as a general practitioner focusing on criminal defense and domestic relations. He was recalled to active duty in 2007 for a variety of high-level Navy assignments, culminating as the chief defense counsel for alleged 9-11 mastermind Khalid Sheikh Mohammad.
Anastasia Jones is a native of California. She is a graduate of the University of California, Irvine (Phi Beta Kappa) and the Boalt Hall School of Law, University of California, Berkeley. She spent six years on a partnership track at a preeminent Orange County, California, law firm before relocating to Virginia due to her husband’s employment. In Virginia she established a general practice with a focus on criminal defense, domestic relations, estates and small businesses before coming to the bar. http://www.vsb.org/site/about/bar-counsel-report-1213 1/3 8/22/2018 Virginia State Bar - On July 16, 2012, Mary Beth Nash became the newest VSB investigator, working the Roanoke area to the far Southwest Virginia circuits. Mary Beth is a graduate of the University of Virginia and the West Virginia University School of Law. She was a partner at a preeminent Roanoke law firm before becoming an associate general counsel at Virginia Tech. Wanting to do something different, she became the third active member of the bar to join the VSB as a staff investigator.
Investigator Don Lange retired effective April 1, 2013 and was immediately replaced by David Jackson, who had been working for the bar on a contract basis. Veteran investigator Pete Kepler continues to provide service to the bar on a contract basis.
Finally, Intake Assistant Debbie Hunt accepted a new position with the Clerk of the Disciplinary System effective June 3, 2013. She was replaced by Joseph Ciszek on June 10, 2013. Previously, Mr. Ciszek received high marks as an intern for the Clerk of the Disciplinary System earlier this year.
III. Production In fiscal year 2013 there was a total of 154 public trials, agreed dispositions and consents to revocation. The fiscal year ended with 628 open cases, the lowest in the past five years and a 36% reduction from the total of 980 five years ago. Coinciding with this development is the lowest number of “Pre-012” district committee cases (31) since I began reporting this number in 2008.
These reductions in open cases are likely the result of the addition of an attorney and administrative assistant to work the always busy Northern Virginia dockets, as well as the recent increase in staff investigators. As the Department of Professional Regulation Staff takes ownership of its dockets, these numbers should continue to fall.
VI. Matters in the Supreme Court of Virginia A. Reinstatement Cases
On February 26, 2013, the Supreme Court of Virginia entered orders reinstating the law license of one attorney following the Virginia State Bar Disciplinary Board’s recommendation for reinstatement
At this time there are two reinstatement cases pending before the Disciplinary Board. One is under investigation and the other is scheduled to be heard on September 27, 2013. After the Board issues its recommendation order, the Supreme Court of Virginia will take final action in the matter.
B. Appeals to the Supreme Court of Virginia
During FY 2013, four attorneys appealed disciplinary actions to the Supreme Court of Virginia. The Supreme Court affirmed one, affirmed in part and reversed in part another, and reversed and dismissed the other two cases. The Disciplinary Board will conduct a rehearing for sanction determination in the case that was reversed in part. By the end of the fiscal year there were no appeals pending before the Supreme Court. http://www.vsb.org/site/about/bar-counsel-report-1213 2/3 8/22/2018 Virginia State Bar -
Updated: May 02, 2014
http://www.vsb.org/site/about/bar-counsel-report-1213 3/3 8/22/2018 Virginia State Bar -
In Memoriam, 2012-13
Scott Aaron Ammons, Charlotte, North Carolina
Donald Rueben Allen, Alexandria
Charles G. Aschmann Jr., Alexandria
David Austin Jr., Arlington
Robert G. Bailey, Charlottesville
Paul Francis Baker, Marshall
George F. Ball, Alexandria
Leroy E. Batchelor, North Palm Beach, Florida
Charles H. Beale Jr., Blackstone
William G. Beninghove, Mechanicsville
Christopher David Burch, Washington, D.C.
L. Charles Burlage, Manakin-Sabot
C. Glasgow Butts, South Hill
R. Baird Cabell, Franklin
The Honorable Harry Lee Carrico, Richmond
John H. Cassady III, Alexandria
Johnny F. Catterton, Richmond
R. Harvey Chappell Jr., Richmond
John B. Chickering, Tucson, Arizona
Donald H. Clark, Virginia Beach
Henry C. Clark, Harrisonburg
L. Shelton Clarke, Richmond http://www.vsb.org/site/about/memoriam-1213 1/8 8/22/2018 Virginia State Bar - Alan B. Comess, Virginia Beach
Kenneth C. Crawford, San Antonio, Texas
John Deery Crocetti, Washington, D.C.
Calvin Tabor Cronk, Urbanna
Daniel Alexander Curran, Adamsville, Rhode Island
Kenneth F. Currier, Alexandria
Nere E. Day Jr., Norfolk
Raymond A. Delahanty Jr., Yardley, Pennsylvania
Kenneth G. Deskins, Weber City
John W. Dozier Jr., Glen Allen
Carroll Edward Dubuc, Falls Church
Robert C. Duke, Harrisonburg
Markelle Medlock Dumm, Joplin, Missouri
M. Patton Echols Jr., McLean
Barbara Veroneau Evans, McLean
Stanford L. Fellers Jr., Roanoke
Everette Allan Felts, Richmond
Joseph P. Fitzgerald, Alexandria
Bennie L. Fletcher Jr., Advance, North Carolina
Robert C. Foldenauer, Leesburg
Fred Gorham Folsom Jr., Alexandria
George Clifford Freeman II, Portsmouth
Paul Lemoine Galis, Claudville
Thomas Dew Gill, Long Island, New York
Thomas C. Givens Jr., Tazewell
Robert Fisher Gore, Ocean Pines, Maryland
Timothy Lewis Gorzycki, Reston
http://www.vsb.org/site/about/memoriam-1213 2/8 8/22/2018 Virginia State Bar - Frank Madison Gray Jr., Locust Dale
Michael Green, Bethesda, Maryland
Ronald Edwin Greigg, Bethesda, Maryland
Michael Andrew Groot, Buena Vista
Gene Ralph Haislip, Winchester
The Honorable Lapsley W. Hamblen Jr., Falls Church
Carson E. Hamlett Jr., Richmond
Amy Edwards Harte, Surry
Daniel Hartnett, Accomac
Fred Crum Hardwick II, Hampton
Charles W. Hawks Jr., Portsmouth
Duval Q. Hicks Jr., Fredericksburg
David L. Hilton, Fairfax
Ernest M. Holdaway, Richmond
William B. Hopkins, Roanoke
Laura Maria Elizabeth Hough, Arlington,
William Vinton Hoyle Jr., Newport News
Roger Neal Hughes, Virginia Beach
Ray Hughes, Deming, New Mexico
John Le Cato Hummer, Laguna Niguel, California
Angelo J. Iandolo, Ashburn
Sheldon Lewis Ingram, Norton
Auzville Jackson Jr., Richmond
Judith Miller Janssen, Evanston, Illinois
Murray J. Janus, Richmond
James E. Jarrell Jr., Fredericksburg
James L. Jenkins, Richmond
http://www.vsb.org/site/about/memoriam-1213 3/8 8/22/2018 Virginia State Bar - Max Jenkins, Dublin
Floyd Clark Jennings Jr., Lynchburg
George H. Jensen, Fort Lauderdale, Florida
L. Farnum Johnson Jr., Littleton, Colorado
Edward Stephen Jones, Virginia Beach
Julian O. Von Kalinowski, Los Angeles, California
Thomas N. Key, Roanoke
Donald C. Kilgore, Portsmouth
James Allen Kline IV, Mechanicsville
William J. Kinnamon Jr., Frederiscksburg
Raymond Diercks Kline, Alexandria
Charles Howard Koch Jr., Williamsburg
Louis Koutoulakos, Arlington
E. M. Kowal Jr., Huntington, West Virginia
Mark David Krohn, Washington D.C.
Benjamin Rice Lacy IV, Richmond
John C. LaPrade, Hollywood, Florida
Edwin P. Latimer, Manassas
Richard L. Lawrence, Roanoke
Glenn Robert Lawrence, Arlington
Bridget Elizabeth Leonard, Richmond
Harold Levine, Dallas, Texas
Elisabeth Suzanne Lewis, Valrico, Florida
John L. Lewis III, Powhatan
William Randall Light, Lynchburg
John Merriman Lohr, Monterey
Scott Warner Loveless, Salt Lake City, Utah
http://www.vsb.org/site/about/memoriam-1213 4/8 8/22/2018 Virginia State Bar - Robert Anthony Lowman, Radford
Victoria Anne Manley, Keeling
Adrianna Karine Marks, McLean
Connie Jo Miller, Charlotte, North Carolina
J. Madison Macon IV, Richmond
Hubert H. Marlow Jr., Front Royal
Lawrence C. Mawn, Annapolis, Maryland
William McTyeire Martin III, Newport News
Roderick B. Mathews, Richmond
Cleyburn L. McCauley, Wilmington, North Carolina
Garland T. McCoy, Lansdowne
L. Victor McFall, Roanoke
James R. McKenry, Virginia Beach
Daniel J. Meador, Charlottesville
Donald Ferdinand Mela, Alexandria
J. Carroll Melton, Norfolk
John Bradley Minnick, Houston, Texas
Anthony L. Montagna Jr., Norfolk
Nicole Marie Montalto, Newport News
John R. Moore, Selinsgrove, Pennsylvania
Jesse Dean Mosher, Lansdowne
Edwin P. Munson, Richmond
Catherine Elizabeth Nash, Lexington
Chandler A. Nelson, South Boston
Frederic A. Nicholson, Norfolk
Spencer T. Nissen, Alexandria
Gail Susan Ogle, Charlottesville
http://www.vsb.org/site/about/memoriam-1213 5/8 8/22/2018 Virginia State Bar - Ingrid Ellen Olson, Richmond
H. L. Opie Jr., Staunton
Stephen R. Ottersten, Suffolk
Joseph M. Parker, Winston-Salem, North Carolina
Dabney Lancaster Pasco Jr., Covington
Robert H. Patterson Jr., Richmond
Mitchell Paul, Pikesville, Maryland
Mandy Joy Pearce, Virginia Beach
John W. Pearsall, Richmond
William B. Poff, Roanoke
Robert David Reif, McLean
Frederick W. Richards, Arlington
Jay Anthony Richardson, Virginia Beach
Walter J. Rielley, Boyds, Maryland
Robert Dwight Roadman, Richmond
Glenwood P. Roane, Memphis, Tennessee
William Andrew Roberts, Dallas, Texas
William Hobart Robinson, Charlottesville
Robert F. Rutschow, Charlottesville
Julian D. Sanger, Richmond
Julian Savage, Chevy Chase, Maryland
R. Daniel Saxe Jr., White Plains, New York
Douglas Presley Scott, Annandale
Roger Dale Scott, Fredericksburg
Carman James Seccuro, Arlington
William P. Sellers IV, Ithaca, New York
George C. Seward, New York, New York
http://www.vsb.org/site/about/memoriam-1213 6/8 8/22/2018 Virginia State Bar - Martin E. Simmons Jr., Nashville, Tennessee
William V. Slaughter, Richmond
Kenneth W. Smith, Fairfax
Anton Joseph Stelly, Richmond
Richmond O. Swim, Virginia Beach
U. LeRoy Sweeney Jr., Richmond
Baxley Trower Tankard, Eastville
John H. Tate Jr., Marion
H. Franklin Taylor III, Richmond
Betty Ann Thompson, Arlington
Hugh R. Thompson Jr., Richmond
Burton R. Thorman, Annapolis, Maryland
Roy Dale Turner, Bridewater
Thomas Greer Valentine, Richmond
Abram W. Vandermeer Jr., Virginia Beach
Christian Frank Vissers, Ellicott City, Maryland
William Forbes Watkins Jr., Farmville
Kenneth Paul Webber, Winchester
Bessie Castle Wendell, Midlothian
The Honorable Elmer C. Westerman Jr., Fincastle
Hugh V. White Jr., Richmond
Kenneth T. Whitescarver, Fredericksburg
The Honorable Henry H. Whiting, Winchester
The Honorable Glen M. Williams, Johnson City, Tennessee
James Merrill Wiltshire Jr., Richmond
Charles H. Winberg, Richmond
Clifton A. Woodrum III, Roanoke
http://www.vsb.org/site/about/memoriam-1213 7/8 8/22/2018 Virginia State Bar - Sarah Joanne Zecca, Virginia Beach
Updated: Jul 16, 2013
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Administrative Law Section
Louis R. Monacell, chair
Membership In June 2013 the Administrative Law Section had 510 members.
Budget The budget for fiscal year 2012-13 was $6,475.
31st National Regulatory Conference The section sponsored the 31st National Regulatory Conference, which was held May 16-17, 2013 at the College of William & Mary School of Law. The program was titled “The Big ‘What If,’ Planning For the Next Contingency.” The panels and speakers addressed legal issues arising from five major storms in the past several years and the resulting risks and opportunities in the electric, gas, and telecommunications industries. The conference also included panels on cyber and related threats and presented viewpoints on other significant future uncertainties and contingencies, including coming environmental regulations from the EPA and the growth in the use of natural gas as a fuel to generate electricity. The program was organized by Samuel R. Brumberg, of the Virginia Maryland & Delaware Association of Electric Cooperatives and vice chair of the section, and was approved for nine and a half hours of continuing legal education credits, including two hours of ethics.
Annual Meeting CLE Program The section cosponsored a CLE program, “The Future of Coal,” with the Environmental Law Section at the Virginia State Bar annual meeting. Kristian M. Dahl of McGuireWoods L.L.P. spearheaded the section’s organization of the program. Coal industry, utility planning, and regulatory perspectives were presented on the panel.
Annual Brown Bag Luncheon CLE Program On March 19, 2013, the section held its annual Brown Bag Luncheon CLE Program on “Best Practices in Administrative Appeals: A Judicial Perspective.” The program was organized and moderated by board member Mark C. Shuford of Spencer L.L.P. Speakers included the Honorable Robert P. Frank, Virginia Court of Appeals, and the Honorable T. J. Markow, Ret., Circuit Court of the City of Richmond.
Newsletter The section published winter and summer editions of the Administrative Law Newsletter. Ashley B. Macko of McGuireWoods, L.L.P. served as the newsletter editor. The Winter 2013 issue had several articles, including articles addressing establishing a “prima facie case” and the burden shifting presumption, the appeal of EPA’s Cross-State Rule, and articles addressing the Virginia Supreme Court’s interpretation of the 2007 Electric Utility Regulation Act. The Summer 2013 issue contains several articles, http://www.vsb.org/site/about/admin-law-1213 1/2 8/22/2018 Virginia State Bar - including on perfecting an appeal of a rulemaking under the Administrative Process Act and FERC’s recent rulings applying Order 1000.
Website The section continued to maintain and update its website, including current and past issues of Administrative Law Newsletter, information concerning past National Regulatory Conferences, upcoming events, and a membership application.
Officers and new board members This section elected officers and board members at its annual meeting, held during the NRC. New officers are Samuel R. Brumberg, chair; Kristian M. Dahl, vice chair; Ashley B Macko, secretary; and James G. Ritter, newsletter editor. Phillip R. “Duke” de Haas, William T. Reisinger, and Nancy F. Loftus also joined the board.
Updated: Jul 10, 2013
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Bankruptcy Law Section
Douglas M. Foley, chair
Bankruptcy practitioners abound in firms of all sizes and locations and the Bankruptcy Section enjoys a large membership from a cross-section of our body as a whole. The board’s vice chair during this past fiscal year was Steven B. Ramsdell of Tyler, Bartl, Ramsdell & Counts PLC and the secretary was Robert Westermann of Hirschler Fleischer in Richmond. At our June 2013 meeting both Steve and Robbie were elected as chair and vice-chair respectively of the section for 2013-2014.
This year the section has focused on providing quality continuing legal education at low cost to our members. To that end, we held two very successful programs this year. The first was titled “The ‘Means Test’ Form Under Chapter 7 and Chapter 13 and Other Nuts and Bolts of Consumer Bankruptcy Law.” This was a day-long complex consumer program held in Richmond on March 15 and moderated by Steve Ramsdell, our current chair, and included the Honorable Rebecca B. Connelly and the Honorable Douglas O. Tice Jr. Many of our membership volunteered to serve as speakers. By all accounts it was a success — both entertaining and informative. We followed that program with a ninety-minute session titled “How Strong Are the Trustee’s Section 544 Strong Arm Powers?” which was held as part of the 75th VSB Annual Meeting in Virginia Beach. We were delighted to have the Honorable Chief Judge Steven C. St. John to discuss the recent litigation phenomena in this area of law along with Jeffrey L. Marks of Kaufman & Canoles and Larry Glanzer of Roussos, Lassiter, Glanzer & Barnhart PLC.
In addition to our CLE programs, the bankruptcy board, through the leadership of Editor Mark C. Leffler and his Newsletter Committee, has continued to publish scholarly articles and case updates for our membership through the Bankruptcy Law News. The June issue also included published remarks by retiring Judge Douglas O. Tice Jr. Mark is now a full member of the board and Sarah Boehm of McGuireWoods LLP will be taking over as editor going forward. It takes a great deal of non-billable hours to put together these very informative materials and we very much appreciate the volunteer efforts of Mark Leffler and our entire Newsletter Committee team.
We also look forward to moving forward next year under the leadership of Steven Ramsdell as chair and Robbie Westermann as vice chair and the rest of the board of governors.
Updated: Jul 16, 2013
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Construction Law & Public Contracts Section
Brett Marston, chair
Membership As of June 2012, the section had 753 members. Currently, the section has 785 members.
Annual CLE – Fall Program On November 2-3, 2012, the section hosted the 33rd Fall Program at the Boar’s Head Inn. The program offered twelve CLE credits, including two hours of ethics credit. There were 165 attendees for the program. At the meeting, the section collected $1,111 in voluntary contributions for the Red Cross to support victims of superstorm Sandy.
Annual Meeting On June 14, 2013, the section co-sponsored a CLE at the Annual Meeting with the Local Government Section titled “Lessons From the Front Lines on Administering and Litigating the Public Construction Contract.”
Membership Events In March 2013, the section conducted a membership drive breakfast in northern Virginia that featured a free breakfast and 1.0 hour CLE titled “Mediation Ethics.” In addition to the ethics presentation by the Honorable Stanley Klein (retired) and Brett Marston, the breakfast included a networking component during which guests were given an opportunity to learn more about the benefits of section membership. This event was organized by Sean Howley and Alison Mullins.
Also in May 2013, the section hosted a joint reception with the Construction Section of the Maryland State Bar Association in Tysons Corner, Virginia. This event was organized by Jennifer Mahar.
Member Communications The section continues to update its handbook annually, with Scott Kowalski chairing this work. In addition, the section, through its newsletter chairs Jennifer Mahar and Barrett Lucy, issued two newsletters – one in the fall 2012 and one in the spring 2013. The handbook and newsletters are available on the Section’s website.
In addition to its newsletter, the section was featured in the February 2013 dedicated issue of Virginia Lawyer, publishing an article from the chair and four substantive articles on construction law.
Officers for 2012-2013 The officers for the 2011-2012 were: Brett Marston (chair), Sean Howley (vice chair), http://www.vsb.org/site/about/construction-1213 1/2 8/22/2018 Virginia State Bar - Mike Branca (secretary), Shannon Briglia (treasurer) and Kristan Burch (immediate past chair).
New Members for the 2012-2013 The new board members for 2012-2013 were Dan Fitch, Randy Wintory, Spencer Wiegard, and Mark Crawford.
Updated: Jul 10, 2013
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Corporate Counsel Section
Sandra Jones McNinch, chair
Membership In June 2013, the Corporate Counsel Section had 1,417 members. The section continues to be one of the largest sections of the VSB.
Special Activities in Fiscal Year 2013 We were pleased to reinstate a section newsletter this year, after an absence of a several years. Going forward, our quarterly newsletter will contain a combination of articles, calendar listings, and other data to keep our section members informed of things that may be of interest. Christopher Gatewood is the leader of this important initiative.
We continued to provide thought-leadership for the corporate counsel community by offering comments on the Supreme Court of Virginia’s proposed amendments to Rules 1A:1 and 1A:3. Ron Kuykendall led this effort for the Section.
Annual Meeting CLE Program The section sponsored a well-attended continuing legal education program. Tom Spahn of McGuireWoods LLP discussed “Ethics Considerations for In-House Counsel.” This interactive program addressed ethics issues frequently faced by corporate counsel. Andrew Fisher coordinated this program for the section.
Member Communication In addition to our new quarterly newsletter, we sent out several emails to the membership informing them of relevant CLE opportunities. Also, we continued our new tradition of offering a welcome letter and section membership solicitation information for inclusion in the materials provided by the VSB to lawyers being sworn in by the Supreme Court as corporate counsel members of the VSB.
Law Student Seminars The section continued its practice of hosting panel presentations at the Virginia law schools to share information and insights on corporate counsel practice. The programs continue to be enthusiastically received by the students, perhaps, in part, because of the free meal offered.
Officers for 2013-2014 Officers elected for 2013-14 were Andrew G. Fisher, chair, Helen Hight Hart, vice chair, and John Allen Waldrop, secretary. Sandra Jones McNinch is immediate past chair.
Andrew G. Fisher, Helen Hight Hart, Noreen M. Tama and Jeffrey Stradler were each re-elected to the board of governors. By virtue of his office, John Allen Waldrop will http://www.vsb.org/site/about/corporate-1213 1/2 8/22/2018 Virginia State Bar - continue on the board. Charles W. Durant was elected as a new member of the board.
Updated: Jul 10, 2013
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Criminal Law Section
Lisa K. Caruso, chair
It has been an honor to serve as chair of the Virginia State Bar’s Section on Criminal Law for the 2012-2013 bar year. This year’s officers were: Lisa K. Caruso, chair; Francis McQ. Lawrence, vice chair; Joel R. Branscom, secretary, and Casey R. Stevens, immediate past chair.
The following new members joined the board on July 1, 2012: Melissa H. Hoy, deputy commonwealth’s attorney in Chesterfield County; Elizabeth P. Murtagh, office of the public defender in Charlottesville; Judge Rufus A. Banks Jr., J&DR Court in Chesapeake; and Judge Steven C. Frucci, Virginia Beach General District Court.
The section produced a theme issue for Virginia Lawyer magazine in December 2012, an effort that was spearheaded by Judge Ashley Tunner, of Richmond. Newsletter editor Professor Ron Bacigal published four issues of Criminal Law News during the year, and also completed the 2013 supplement to the Capital Case Trial Manual.
The section sponsored its 43rd Annual Criminal Law Seminar in February 2013, with a live session in Charlottesville on February 1 followed by a live Williamsburg session on February 8. Section Vice Chair Fran Lawrence served as seminar program chair and moderator. Total attendance included 608 for the live February sessions, and an additional 218 for the video replays held in March and April 2013.
The section’s Harry L. Carrico Professionalism Award was presented at the Charlottesville seminar to Claire G. Cardwell, of Stone, Cardwell & Dinkin PLC, in Richmond.
In conjunction with the 75th Annual Meeting of the Virginia State Bar, the section presented a CLE program on June 14 titled, Techno-phobe or Techno-phile: How to Make the Best Case with What You Have. Board member Melissa Hoy served as the program chair and moderator.
The following slate of officers and new board members were unanimously elected at the section’s business meeting following the CLE program, for terms beginning July 1, 2013: Fran Lawrence, chair; Joel Branscom, vice chair; Andrea Moseley, secretary; Manuel E. Leiva, board member; and Esther J. Windmueller, board member.
On behalf of the board, I extend our sincere appreciation to outgoing board members whose terms ended on June 30: Claire G. Cardwell, of Richmond; John P. Fishwick of Roanoke; and Immediate Past Chair Casey R. Stevens, of Woodbridge.
http://www.vsb.org/site/about/criminal-law-1213 1/2 8/22/2018 Virginia State Bar - At fiscal year-end, the section’s membership was 2,489, including 2,129 active and associate members; 332 judicial members; and 28 non-bar members. The section’s operating budget for the fiscal year was $52,000.
Updated: Jul 10, 2013
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Education of Lawyers in Virginia Section
A. Benjamin Spencer, chair
Membership As of June 2013, the Education of Lawyers Section had 465 members, including practicing attorneys, judges and faculty members from each of the Virginia law schools.
Budget The budget for fiscal year 2012-13 was $9,900.
Rakes Leadership in Education Award The Section presented its second Rakes Leadership in Education Award to W. Taylor Reveley III, president of the College of William and Mary, on June 13, 2013, in conjunction with the 75th Annual Meeting of the Virginia State Bar.
Follow Up to Conclave 2012 The Section hosted a 20th Anniversary Conclave on the Education of Lawyers on April 22–23, 2012. In the wake of that Conclave, the Section published several pieces in the October issue of the Virginia Lawyer magazine reporting and commenting on the proceedings. The Section decided to begin taking action on the findings of the Conclave by initiating an effort to study legal writing education and ability in Virginia, with an eye towards developing recommendations for improving the writing ability of law graduates and practitioners in the Commonwealth. This effort is being chaired by Justice Elizabeth B. Lacy.
Prelaw Committee Last year the Section’s Prelaw Committee sponsored a prelaw conference for high school students in February 2012 at Regent University Law School. This year the committee was inactive due to the relocation of its chair (Bill Thro) out of state. In the future, we plan to partner with the Young Lawyers’ Conference and to support the prelaw programs that the YLC has been conducting twice each year.
Professionalism Program The Section presented a professionalism program for law students at each of the eight law schools in Virginia. Judge B. Waugh Crigler and William E. Glover led this effort.
Newsletter The Section published one edition of its newsletter, Education & Practice, in the spring under the leadership of its new editor, Prof. Dale Margolin Cecka of the University of Richmond. The fall issue was superseded by our October features in the Virginia Lawyer magazine.
http://www.vsb.org/site/about/education-1213 1/2 8/22/2018 Virginia State Bar - Election of Officers and Board of Governors This year’s nominating committee was chaired by Professor Margaret Ivey Bacigal, and included Eleanor W. Brown, Dean Davison M. Douglas, John H. Foote, and Kimberly C. MacLeod. The committee proposed the following slate of officers and board members who were duly elected for the 2013-2014 bar year, beginning July 1, 2013:
Prof. A. Benjamin Spencer – Chair Judge B. Waugh Crigler - Vice Chair Sharon E. Pandak – Secretary
Board
Professor Henry L. Chambers, Jr. – University of Richmond School of Law Amanda L. Glickman - Media General, Inc., Richmond
Judge Mary Grace O’Brien - 31st Judicial Circuit Court, Manassas Judge H. Thomas Padrick, Jr. – Virginia Beach Circuit Court (re-elected to second term) Sharon E. Pandak – Greehan, Taves, Pandak & Stoner PLLC (re- elected to second term)
The Section also thanks the following board members whose terms are ending June 30, 2013: Alan S. Goldberg, John H. Foote, and William E. Thro.
Updated: Jul 10, 2013
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Environmental Law Section
Kerri L. Nicholas, chair
Membership There were 422 members of the section as of June 2013. This is around the same from the previous year’s membership numbers. The board of governors consisted of Kerri Nicholas, chair; Ellen Porter, vice chair; Ben Thorp, secretary; and Tammy Belinsky, immediate past chair.
Annual Meeting CLE Program The Environmental Law and Administrative Law sections jointly sponsored a CLE program at the Annual Meeting titled “The Future of Coal.” The program was moderated by Kristian M. Dahl (McGuireWoods LLP) and featured presentations Michael G. Dowd (Virginia Department of Environmental Quality), James E. Eck (Dominion Virginia Power), and Brooks M. Smith (Hunton & Williams LLP), and questions from the attendees.
Law Student Competition The Environmental Law Section co-sponsored the 2013 University of Richmond-Virginia State Bar Robert R. Merhige Environmental Op-Ed Competition, a statewide, law student environmental-editorial writing competition. Members of the board assisted in the selection of the winning entry from the thirteen submissions and the section contributed to the cash prize.
Other Programs In the spring of 2013, the section co-sponsored a social event with the Richmond Bar Association Environmental & Energy Law Section. This was the first event of its kind and it gave members of the two environmental associations an opportunity to network and discuss possible ways the two groups could assist one another with CLE opportunities.
Officers Officers elected for 2013-2014 are Ellen M. Porter, chair; Ben Thorp, vice-chair; and Max Weigard, secretary.
Updated: Jul 10, 2013
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Family Law Section
Cassandra M. Chin, Chair
The Family Law Section remains the third largest section of the VSB. We began the fiscal year with 1,811 members and ended with 2,041 members. We continually strive to increase our membership by offering quality CLE programs, a renowned quarterly newsletter, and other publications to assist both attorneys and the general public. In addition, this year we strived to expand our presence into social media and to improve the functionality of our website.
In October 2012, the Family Law Section presented the 31st Annual Family Law Seminar: Challenging Issues in Today's Family Law Practice, co-sponsored by Virginia CLE. The seminar was live in four locations: Fairfax, Richmond, Charlottesville, and Norfolk. We offered video replays in six locations in November. Board members Charles E. Powers and Carl J. Witmeyer II planned a very informative program that addressed the topics of Grandparent Custody and Visitation Rights, Dealing With Difficult Clients, and the New “Rules” of Evidence in Family Law Cases.
Also in October 2012, our section received preliminary approval from the VSB to create a Family Law Section Facebook group page and the board of governors unanimously approved a motion to name the Family Law Section Lifetime Achievement Award “The Betty A. Thompson Lifetime Achievement Award.” Betty A. Thompson was the first chair of the section after it was created in 1978, as well as the winner of the Lifetime Achievement Award in 1994. Although she passed away in 2012 at the age of 88, she will be remembered as an icon and pioneer in the field of family law.
In November 2012, board member Rich Garriott represented the Family Law Section at the Virginia State Bar 39th Annual Midyear Legal Seminar in Rome, Italy, presenting a CLE titled, “Navigating Storm Waters in a Leaky Vessel: Using Good Discovery and Trial Skills to Try A High Conflict Divorce/Custody Case with a Difficult Client.”
In February 2013, the Family Law Section Facebook group page was launched. The group page was created to provide members with an outlet to mentor and exchange ideas with other attorneys, to receive and exchange information about section activities and events, and to receive and exchange information relevant to family, domestic relations, and juvenile law in the Commonwealth of Virginia. Once they join, section members may post information, events, and photographs relevant to other section members. At present, the Facebook Group has 112 members.
In April 2013, the Family Law Section cosponsored with Virginia CLE the 29th Annual Advanced Family Law Seminar: Understanding, Handling, and Protecting Your Client’s Assets. During this seminar, the section presented the 2013 Betty A. Thompson Lifetime Achievement Award to Ronald R. Tweel. As always, the program was well- http://www.vsb.org/site/about/family-law-1213 1/2 8/22/2018 Virginia State Bar - attended and well received. The program was planned by board members Nan M. Joseph and William C. Scott IV, who secured excellent speakers on the topics of Advanced Issues in Divorce Tax, as well as Bankruptcy and Divorce.
This year, the Family Law Section again produced four quarterly issues of our newsletter, the Family Law News, edited by Richard and John Crouch. Family Law News continues to be one of the most valuable benefits of section membership. Each issue contained informative and timely articles on recent family law topics, as well as summaries of noteworthy family law cases.
At its annual meeting, the Family Law Section elected the following officers for 2013-14:
Carl J. Witmeyer II, chair Richard Garriott Jr., vice-chair Charles E. Powers, secretary Cassandra M. Chin will serve as immediate past chair
New members were elected to the board as follows: Christopher Malinowski (Fairfax), Mary Commander (Norfolk), John Huntington (Christianburg), Judge Richard Wallerstein Jr. (Circuit Court, Henrico County), and Judge Glen Huff (Court of Appeals of Virginia). These members succeed board members Cassandra Chin, Richard Garriott, William Scott IV, Judge Frederick Rockwell III, and Judge Rossie Alston Jr.
Last but not least, the Family Law Section thanks our VSB staff liaison, Dolly C. Shaffner, for always going above and beyond to assist the Family Law Section in so many ways.
Updated: Jul 10, 2013
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General Practice Section
Grayson S. Johnson, chair
The General Practice Section continues to serve the needs of attorneys in the general practice of law and has done so since 1986. We continue to conduct legal education seminars and other activities to enhance the skills of Virginia lawyers.
As it has done in the past, the General Practice Section co-sponsored with the Young Lawyers Conference on the First Day in Practice Seminar in Richmond. The program provided a full day of seminars in thirteen areas of law. The speakers were highly experienced in their fields, and we also enjoyed the participation of state and federal judges. The sessions were well attended and well received.
At the June 2013 Virginia State Bar Annual Meeting in Virginia Beach, the General Practice Section co-sponsored a seminar with the Bankruptcy Law Section and the Virginia Creditors Bar Association on the topic: “How Strong are the Trustee’s Section 544 Strong Arm Powers?”
In addition, the General Practice Section presented its annual Tradition of Excellence Award, which recognizes an outstanding lawyer who embodies the highest tradition of personal and professional excellence in the practice of law in Virginia. This year the award was presented to W. Joseph Owen III, a general practice lawyer in Midlothian.
The General Practice Section continues to maintain a website to provide information to our members and notifications of upcoming seminars and other activities.
There are currently 671 attorney members and 98 judicial members of the section. Our budget for fiscal 2013 was $25,500.
We continue to work closely with Catherine D. Huband, our section liaison, who has been extremely helpful and effective.
Updated: Jul 16, 2013
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Health Law Section
Brent Rawlings, chair
Members Number of members as of June 30, 2013: 608
Budget Budget for fiscal year ending June 30, 2013: $7,200
Activities & Continuing Legal Education
VSB Annual Meeting – The section, in conjunction with the Litigation Section, provided a session at the 2013 VSB Annual Meeting titled “Navigating the Sea of Rules and Regulations on Medical Records Privacy and Medical Evidence in Virginia.”
14th Annual Virginia Health Law Legislative Update – On May 8, 2013, the section co-sponsored the annual Virginia Health Law Legislative Update with The Virginia Bar Association. During this half- day-long program, members of the Virginia government presented information on the status of and on changes to various health-related programs. National Health Care Decisions Day – Since 2006, the section has spearheaded an annual, statewide Health Care Decisions Day to raise public awareness for the need to plan ahead for health care decisions related to end of life care and for medical decision-making. Board members participated in updating the Virginia State Bar website with information regarding health care decisions to make the page consistent with changes in the law. Webpage Project – The section continued to make improvements to the content of its web page in an effort to make it a more useful resource to members. Writing Competition – The section continued planning for a health law writing competition among Virginia law schools. The competition will grant monetary awards and possible publication opportunities to the winner. Newsletters – The section published a winter and a spring newsletter featuring articles authored by section members and Virginia Register health care regulatory updates.
Officers http://www.vsb.org/site/about/health-1213 1/2 8/22/2018 Virginia State Bar - 2012-2013 Section Officers: Brent Rawlings, chair; Elizabeth Griffin, vice chair; Michelle Calloway, secretary; John Mumford, immediate past chair. 2013-2014 Section Officers: Elizabeth Griffin, chair; Michelle Calloway, vice chair; Jeremy Ball, secretary; Brent Rawlings, immediate past chair.
Updated: Jul 16, 2013
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Intellectual Property Law
Christopher P. Foley, chair
In fiscal year 2012-13, the Intellectual Property Law Section continued its commitment to providing continuing legal education to its members and supporting scholarship legal writing. The Intellectual Property Law Section had 1,685 members, and a projected budget of $41,950.
During the 75th Annual Meeting in June 2013, the section sponsored a 1.5 hour CLE program titled, “Business Method Patenting and Strategies Smart Companies Are Pursuing.” The panel included Dennis Browne, vice president and associate general counsel at Capital One, Christopher Forstner in Murphy & McGonigle’s Richmond office, and Erika Arner in Finnegan’s Reston office. This CLE was organized by board Member Christopher Forstner.
On May 20 the section sponsored a 2-hour ethics CLE at the Tysons Corner, Norfolk, and Richmond offices of McGuireWoods LLP on “The Ethics of E-Mail and Social Media.” The presenter was Thomas E. Spahn of McGuireWoods, an expert in the field of legal ethics and a popular speaker at Intellectual Property Section CLE programs. The presentation, which was live in Tysons Corner, was organized by board Member David Finkelson.
The Section’s 24th Annual Fall CLE Weekend Seminar took place on September 21-22, 2012, at the Westin in Alexandria. The fall CLE was organized by Chris Foley and the Finnegan firm. The program highlights included a live hearing of the patent trial and appeal board in Medtronic v. NuVasive at the U.S. Patent and Trademark Office auditorium. Other program events included:
Implementation of the American Invents Act by Teresa Stanek Rea, Undersecretary of Commerce for Intellectual Property, United States Patent & Trademark Office, and Janet Gongola, Patent & Reform Coordinator, United States Patent & Trademark Office; Mediation/Settlements in intellectual property cases at the U.S. District Court for the Eastern District of Virginia by a panel including Hon. John F. Anderson, Magistrate Judge, Eastern District of Virginia, and Hon. Dennis W. Dohnal, Former Magistrate Judge now with The McCammon Group. The panel discussion was moderated by Dana McDaniel of the Spotts Fain firm in Richmond. Other presentations included: Copyright Fundamentals by Marybeth Peters of the Oblon Spivak firm in Alexandria. Ms. Peters was the Register of Copyrights at the U.S. Copyright Office from 1994-2011. http://www.vsb.org/site/about/intellectual-property-law-1213 1/2 8/22/2018 Virginia State Bar - Conflicts of Interest by David Hricik, who is a Professor at the Walter F. George School of Law at Mercer University. Changes in Internet gTLDs and its Impact on Trademark/Internet Law by Mary Bram and Michael H. Jacobs of Crowell & Moring.
The section continued its annual writing competition for law students, with U.S. Judge Richard Linn of the federal circuit again serving as the final judge. The board is in the final stages of grading submissions provided in May. The winner will be announced later in the summer, and the $4,000 prize for 2013 will be awarded during our Fall CLE Program in Williamsburg. The writing competition was organized by board Member Matt Osenga.
Additionally, at the 2013 VSB Annual Meeting, the section elected new officers and board members. The chair is Robert Angle, chair-elect is Dave Finkelson, vice chair is Chris Forstner, and Matt Osenga is secretary. Erika Arner was elected to the board for a three-year term. Jonathan Bowser and Dabney Carr were elected ex-officio board members.
Additionally, the section continued to communicate with its members through email and its website, which has been updated and maintained by our great webmaster and newly elected secretary, Matthew Osenga.
Updated: Sep 12, 2013
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International Law
John M. Huddle, chair
Number of members in our section: 370 (an increase of two from the prior year)
Special activities during the 2012-13 fiscal year and the person in charge of each:
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Activity: Person Responsible:
Three CLE programs: Coordinator: Chair, John M. Huddle
1. Speakers: 1. Export Controls Developments and Ethical Dilemmas of Relevance to John Huddle, Chair Business Lawyers (75th Annual Meeting of the Virginia State Bar, June 14, 2013). Susan Kovarovics, Vice Chair, Geoffrey Goodale, Treasurer
2. Speakers: 2. Export Controls Essentials for Every Business Lawyer (live program May 30, John Huddle, Chair, 2013; video reply June 25, 2013) hosted by Virginia Continuing Legal Education. Susan Kovarovics, Vice Chair,Geoffrey Goodale, Treasurer
3. Tools for Success in International sales 3. Speakers: Intermediary Contracts and Dispute Resolution (live program May 30, 2013; John Huddle, Chair, video reply June 25, 2013) hosted by Virginia Continuing Legal Education. Melissa Gorsline, Secretary
Coordinator: Chuck McPhillips
VA Dedicated Issue of Virginia Lawyer (April 2013): Authors (board members):
Members of our board authored Geoffrey Goodale, Melissa five articles Stear Gorsline, John M. Huddle, Susan Kovarovics, and Chuck McPhillips
Co-sponsored several seminars and programs with Coordinator: Geoffrey Goodale, the International Practice Section of the D.C. Bar Treasurer/Chair-Elect and ABA
Revised and updated website Chair, John M. Huddle
E-blasts to section members periodically to announce section activities and programs and Chair, John M. Huddle solicit member involvement
Significant issues that arose and how they were resolved: http://www.vsb.org/site/about/international-law-1213 2/4 8/22/2018 Virginia State Bar - Inactive Board: While recruitment of new board members for this term was a resounding success with significant contributions and dedication by all new members, two carry-over board members continued their prior pattern of low activity and failure to meet the minimum attendance requirements implemented in the bylaw revisions in 2011-2012. Solved by (a) discussion and resulting resignation by one board member, and (b) confirmation that the other member’s low activity level was due, in part, to international business travel, so the board excused the non-compliance per bylaws and will monitor this board member’s activity level in the coming year to ensure that the requisite standards are met in the coming year.
Continuing legal education programs sponsored by your group:
As listed in “special activities” above, this was a very active year for our section. We conducted three major CLE events, as well as co-sponsored events with the International Sections of the ABA and D.C. Bar.
Officers and new board members for the 2012-13 fiscal year:
Officers:
Chair John M. Huddle The Global Law Group, PLC Ironfronts Building 1011 East Main Street, Suite 310 Richmond, VA 23219 PH: (804) 788-4480 FAX: (804) 788-4490 Email: [email protected]
Vice Chair Susan Kovarovics Bryan Cave LLP 1155 F Street, N.W. Washington, District of Columbia 20004 PH: (202) 508 6132 FAX: (202) 220 7432 Email: [email protected]
Secretary Jones Day 51 Louisiana Avenue, N.W. Washington, D.C. 20001-2113 United States of America PH: (202) 879-5421 FAX: (202) 626-1700 Email: [email protected]
Treasurer Geoffrey Goodale Trade Law Advisors, PLLC 2016 Dexter Drive Falls Church, VA 22043 PH: (703) 618-6640
http://www.vsb.org/site/about/international-law-1213 3/4 8/22/2018 Virginia State Bar - FAX.: (703) 995-0761 Email: [email protected]
Newly-elected board members:
Number Reduced Per the Bylaws: The bylaws establish a variable range of board members, with the number to be fixed by the members at the annual meeting. At the 2013 annual meeting, the number of board members to serve 2013-2014 was reduced to eight.
The following persons were re-elected at the June, 2013, annual meeting for an additional three-year term:
Name/Address/Telephone
J. Brent Justus McGuireWoods, LLP One James Center 901 East Cary Street Richmond, Virginia 23219 PH:(804) 775-1018 FAX (804) 698-2026 Term Expires: 2016
Michael Kuhn Fisher Broyles 4470 Cox Road, Suite 250 Glen Allen, Virginia 23060 PH:(804) 228-4206 FAX: n/a Term Expires: 2016
Updated: Sep 19, 2013
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Litigation Section
Gary A. Bryant, chair
Section Membership The Litigation Section had 3,118 members on June 1, 2013.
Budget for 2012-13 The section was afforded a budget of $34,800 for fiscal year 2013.
Publications Joseph M. Rainsbury continues to lead the Litigation Section quarterly newsletter, Litigation News, which is provided via email to section members and published on the section’s page at VSB.org. The Revised Handbook on Appellate Advocacy in the Supreme Court of Virginia and the Court of Appeals of Virginia, 201L Edition remains available online through the Litigation Section’s web page, as well as in print.
Annual Meeting Program Under Barbara Williams’s leadership, the section presented a continuing legal education workshop at the VSB Annual Meeting titled “Navigating the Sea of Rules and Regulations on Medical Records, Privacy and Medical Evidence in Virginia.” The speakers included Douglas E. Piner, John M. Cooper, Brian N. Casey, and Jonathan L. Thornton.
Midyear Seminar In 2012, Justice Elizabeth Lacey, Scott Ford, and Barbara S. Williams presented a CLE program on behalf of the section at the VSB’s Midyear Seminar titled “Get Your Head Out of the Cloud: The Effects of Globalization and Technology on the Practice of Law.” At the 2013 Midyear Seminar to be held in Paris, France, Gary A. Bryant and Robert L. Garnier will present a CLE program on behalf of the section titled “Aberrant Jury Outcomes.”
Law in Society Essay Contest Lead by Nancy Brizendine, the Law in Society Essay Contest was again sponsored by the Litigation Section and the VSB’s Communications Committee. The essay contest took a different approach this year with the contestants being asked to craft legislation and a position paper supporting that legislation. Submissions were made from schools throughout Virginia, and awards were presented at various local schools at their respective awards assemblies.
Officers and New Members in 2013-14 Litigation Section officers elected for 2013 are: Barbara S. Williams, chair; Timothy E. Kirtner, vice chair; Kristan B. Burch, secretary, Jeffrey L. Stredler, treasurer. Gary A. Bryant is immediate past chair. http://www.vsb.org/site/about/litigation-1213 1/2 8/22/2018 Virginia State Bar - Candace A. Blydenburg and J. Matthew Haynes are new members elected to the section’s board of governors. Nathan Veldhuis, who previously served on the board as liaison to the Young Lawyers Conference, has been elected a regular member of the board.
Updated: Jul 11, 2013
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Local Government Law Section
Leo P. Rogers, Chair
Membership: As of June 17, 2013, the Local Government Section had 637 members.
Budget: The budget for fiscal year 2012-13 was $9,680. The budget for fiscal year 2013-14 is $9,616.
Annual Meeting CLE Programs: The Local Government Section sponsored two continuing legal education programs at the VSB Annual Meeting in Virginia Beach. The Friday morning session was co- sponsored with the Real Property Law Section and was titled, “Eminent Domain Constitutional Amendment – Cheers and Jeers.” The afternoon session was co- sponsored with the Construction Law Section and was titled, “Carnell Construction Corporation v. Danville Redevelopment and Housing Authority, et al; Lessons from the Front Lines on Administering and Litigating Public Construction Contracts.” An informal lunch was promoted by the section and was well attended by members.
Journal on Local Government Law: The Section electronically published all four quarterly issues of the Journal in a timely manner. The Journal remains a law review quality publication on current legal issues facing practitioners of local government law. The Journal had articles on the topic of eminent domain, constitutional law, legislation, real property rights, financing and bonds, transportation, the appellate process, storm water management, construction contracts, working with FEMA, zoning litigation, limiting damages in construction cases, and how to enter the practice of local government law.
Significant Issues: The Section started electronically sending the Journal to its members last year. The savings from printing and mailing costs helped to fund a fellowship program for law students with an interest in working in local government law. A standing subcommittee has developed criteria for the program. After an application process, the fellowship was awarded to Michael F. Kastener, who will be working this summer for Steven L. Micas, Esquire, in the Prince George County Attorney’s Office.
The Section has been using its webpage to keep members informed about activities of the Section and happenings in local government law.
Officers and Members: The Officers for 2012-2013 were: Leo P. Rogers, Chair; Erin Ward, Vice Chair; and Bonnie France, Secretary. Roderick R. Ingram was immediate past chair. King George County Attorney, Eric Gregory served as a new Section member. http://www.vsb.org/site/about/local-gov-1213 1/2 8/22/2018 Virginia State Bar - At the Sections annual meeting on June 14, 2013, the Section elected the following officers: Erin Ward, Chair; Bonnie France, Vice Chair and Annie Kim, Secretary. The Section members also voted to approve Bonnie France and Annie Kim to serve a second term.
Updated: Jul 11, 2013
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Real Property Section
Philip Hart, chair
Membership: As of June 11, 2013, the section had 1,890 members.
Budget: The budget for 2012-13 was $37,120.00. At fiscal year-end, there was a surplus of $10,974.
Meetings: The board of governors and area representatives met four times:
Fall Meeting – September, 7, 2012, at the Virginia CLE Office in Charlottesville Winter Meeting – January 25, 2013, at the Williamsburg Inn in Williamsburg (in conjunction with the VBA Annual Meeting) Spring Meeting – March 7-8, 2013, at Kingsnill in Williamsburg (in conjunction with the section’s 17th Annual Advanced Real Estate Seminar) Summer Meeting – June, 15, 2013, at Virginia Beach (in conjunction with the VSB Annual Meeting) The section’s annual meeting was held on June 14, 2013, in Virginia Beach.
A meeting of the section’s Nominating Committee was held on May 24, 2013, to decide upon a slate of candidates to nominate for officer positions and openings on the board of governors at the annual meeting.
Educational Activities: The section sponsored, with Virginia CLE, the 17th Annual Advanced Real Estate Seminar on March 7-8, 2013, and the 31st Annual Real Estate Practice Seminar on May 7, 8 and 14, 2013, and presented a CLE program (with the Local Government Practice Section) titled “Eminent Domain Constitutional Amendment – Cheer and Jeers” on June 14, 2013, at the VSB Annual Meeting.
Other educational activities included:
Publication of the November 2012 and May 2013 editions of The Fee Simple (Volume XXXIII, Number 2 and Volume XXXIV, Number 1, respectively), the section’s newsletter.
http://www.vsb.org/site/about/real-property-section-1213 1/2 8/22/2018 Virginia State Bar - Continuing support of a project started by the section’s Eminent Domain Committee, chaired by Chuck Lollar, to prepare and produce for publication a pamphlet titled “Understanding Condemnation – A Guide for Landowners.” Providing a credit of $20 per person for section members attending the section’s annual Real Estate Practice Seminar. Engaging a student editorial assistant to assist with the publication of The Fee Simple. Co-sponsoring (with Virginia CLE) the Courtland Traver Award, which is presented annually to recognize outstanding contributions to continuing legal education. The 2013 recipients of the award were Pia Trigini and David Mercer.
Other Activities:
The Section’s Membership Committee, chaired by Larry McElwain, updated the board of governors and area representatives Handbook in September 2012.
The Section also continued efforts from previous years to work with the communications staff at the VSB to explore establishment of an interactive website that would be accessible by section members to better facilitate the exchange of information and ideas.
The section’s Law School Liaison Committee, chaired by Paul Bellgarde, made several presentations at law schools around the commonwealth about real estate practice. One committee member, Ron Willey, co-taught an advanced real estate class at the T.C. Williams School of Law at the University of Richmond as a part of this effort.
Election of Officers and New Board of Governors Members: At the section’s annual meeting on June, 2013, the following persons were elected to the following positions:
Officer: Chair – William Nusbaum Vice-Chair – Cooper Yowell Secretary/Treasurer – Susan Walker
Member, board of governor (3-year Term): Kay Creasman Steve Gregory Paul Melnick
Philip Hart will serve as immediate past chair in 2012-13.
Updated: Oct 03, 2013
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Trusts and Estates Section
Southy E. Walton, chair
Membership The Trusts and Estates Section had 1,709 members as of October 2012 and 1,773 members as of June, 2013.
Budget The budget for fiscal year 2012-13 was $13,695. The budget proposed for 2013-2014 is $13,808.
31st Annual Trusts and Estates Seminar In October, the Trusts and Estates Section co-sponsored the 31st Annual Trusts and Estates Seminar with Virginia CLE. In addition to the usual surveys of Federal and Virginia law developments and ethics, topics included domestic asset protection trusts, fiduciary income taxation, and insolvent estates.
Annual Meeting CLE Program At the Annual Meeting in June 2013, the Trusts and Estates Section sponsored a continuing legal education program by Andrew Hook and Yama Shansab on “Powers of Attorney in 2013: Legal Drafting, Laws and Landmines.”
Member Communications The Trusts and Estates Section published two newsletters, one in the fall of 2012 and another in the spring of 2013. Each edition included several articles on trust and estates topics and was distributed to all members of the section by e-mail. Jennifer Shirkey was the newsletter editor and Jennifer Moccia was the assistant newsletter editor.
Telephone Seminar The section presented a telephone CLE seminar in May through Virginia CLE in which Farhad Aghdami and Christine Piersall presented on Trust Decanting. As a benefit to section members, the members were sent a code by which the first 133 members to register for the seminar were able to register for free (with the registrations paid by the section).
Officers Officers elected for 2013-14 were Nathan R. Olansen, chair; C. Arthur Robinson, vice chair; Jennifer E. Shirkey, secretary; Jennifer L. Moccia, newsletter editor; and C. Daniel Vaughan, assistant newsletter editor. Southy E. Walton is immediate past chair.
Updated: Jul 11, 2013 http://www.vsb.org/site/about/trusts-1213 1/2 8/22/2018 Virginia State Bar -
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Conference of Local Bar Associations
P. George Eliades II, chair
The Conference of Local Bar Associations Executive Committee enjoyed another successful year. Three Solo & Small-Firm Practitioner Forums were presented and the Supreme Court once again participated in these events with town hall meetings at all three forums. The forum in Abingdon featured a Regional Bench-Bar Conference with the participation of the 28th, 29th and 30th judicial circuits.
This year’s first Solo & Small-Firm Practitioner Forum was presented at The Smithfield Center in Smithfield, Virginia, on March 28, 2013. The forum attracted 150 attendees, who were provided with five hours of live ethics CLE programming and lunch all free of charge. The topics included Trust Accounting and Recent Developments in the Law presented by James M. McCauley, ethics counsel, Virginia State Bar, Ethics in the Digital Era presented by Sharon D. Nelson, president-elect, Virginia State Bar and John W. Simek, vice pesident, Sensei Enterprises Inc., and Lawyers Helping Lawyers, presented by James E. Leffler, M.S., executive director. In addition to the educational programming, the attendees were afforded the opportunity to speak with Justice LeRoy F. Millette Jr. in a town hall meeting. The forum was also presented at the Stonewall Jackson Hotel and Conference Center in Staunton, Virginia, May 23, 2013 with 194 attendees and a town hall meeting led by Senior Justice Lawrence L. Koontz Jr. The Conference of Local Bar Associations (CLBA) is most grateful for the enthusiastic reception offered by the local bars and the unwavering support of the Virginia Supreme Court and Virginia State Bar leadership in presenting these forums.
On April 26, 2013, the forum was unique in that it was presented in conjunction with a Regional Bench-Bar Conference at the Southwest Virginia Higher Education Center in Abingdon, Virginia. There were 274 attendees representing more than one-half of all judges and 45 percent of all lawyers in the 28th, 29th and 30th judicial circuits. The morning was dedicated to the Solo & Small-Firm Practitioner Forum and three hours of live ethics CLE were offered to the attendees. The afternoon was dedicated to the Regional Bench-Bar Conference during which attendees were offered break-out sessions with topics including Introduction, Authentication and Admissibility of Documents and Business Records, Recent Developments in State and Federal Criminal Law and Procedure, e-Discovery and Guardian ad litem Best Practices. These programs offered an additional six hours of live CLE. There was also a town hall meeting led by Chief Justice Cynthia D. Kinser, Justice Elizabeth A. McClanahan, and Judge Teresa M. Chafin. Kevin Martingayle served as moderator. The McCammon Group co-sponsored the lunch.
The Virginia State Bar subsidized fully the cost of the Regional Bench-Bar Conference with the understanding that the local bench and bar would organize and produce the conference annually thereafter. The local judges and bar leaders selected the topics for http://www.vsb.org/site/about/clba-1213 1/3 8/22/2018 Virginia State Bar - the program and agreed upon the speakers for the sessions. The VSB endeavored to ensure that ownership of the conference remained with the local bench and bar.
In addition to the annual recurrence of the conference in Abingdon, the CLBA anticipates participating in the presentation of a similar conference in Danville, Virginia, in March 2014. Just as they did in Abingdon, the VSB and CLBA propose to underwrite and assist in the production of a Regional Bench-Bar Conference for the circuits surrounding Danville. In return, it is asked only that the local bar associations encourage participation by their members and that they commit to planning and sponsoring a conference in the following year. The responses received from the chief judges of the local courts has been uniformly positive.
Thanks to the vision and tireless efforts of VSB President David Harless, the Regional Bench-Bar Conference satisfies several needs. First, it fosters and promotes greater communication between lawyers and between lawyers and the bench regarding issues of regional concern to the courts and practitioners. Further, it attempts to fulfill the ever- increasing need for new lawyers to have access to clinical and practice management training and instruction from experienced judges and lawyers. Lastly, it alleviates the need to devote entire days to travel to more urban areas to satisfy “live” CLE requirements. It is most gratifying to participate in this project and to be a part of what is destined to be President Harless’ proud legacy.
In addition to the Solo & Small-Firm Practitioner Forums and Regional Bench-Bar Conference, the CLBA conducted its annual Bar Leaders Institute at the Lewis Ginter Botanical Gardens in Richmond on Monday, March 1, 2013. Broad topics included media relations, fund raising, new IRS 990 compliance issues, and creating a 501(c)(3) entity. In addition, smaller break-out session topics included use of effective communications and use of social media by small bars, attracting young lawyers to the bar through mentor programs, and establishing a bench-bar conference. The day ended with a one-hour CLE/Ethics program on Ethics for the Bar Leader featuring Thomas A. Spahn, Bernard J. Dimuro, James M. McCauley, and Barbara A. Williams.
After receiving and evaluating many fine nominations, the CLBA announced the winners of the Local Bar Leader of the Year, Awards of Merit, and Certificates of Achievement. In recognition of their important contributions to the bench, bar and public, Polly Chong of the Greater Peninsula Women’s Bar Association and Lori D. Thompson of the Roanoke Bar Association were named Local Bar Leaders of the Year. Seven Awards of Merit and five Certificates of Achievement were awarded reflecting the quality and diversity of local, specialty and statewide bars. These awards are intended to encourage greater service to the public and the profession and to give local and specialty bar leaders the opportunity to learn from the programs of other bars.
The Awards of Merit and Local Bar Leader of the Year Awards were presented during the Annual Meeting and Breakfast of the CLBA on June 14, 2013. Sharon D. Nelson, president-elect of the VSB, shared her goals for the upcoming bar year. In addition, we were most pleased that Cynthia D. Kinser, Chief Justice of the Supreme Court of Virginia, was available to join us for breakfast.
The 2013-14 CLBA officers and members were elected at the CLBA’s annual meeting as well. The officers are as follows: Eugene M. Elliott Jr, chair; Mary M. Benzinger, chair-elect; George W. Nolley, secretary; Jack W. Burtch Jr., treasurer; and P. George Eliades II, immediate past chair. At-large members are Barbara S. Anderson, Sandra T. Chinn-Gilstrap, Rebecca E. Duffie, Shelly R. James, David W. Lannetti, B. Alan McGraw, Petula A. Metzler, Juan E. Milanes, and Renae R. Patrick. http://www.vsb.org/site/about/clba-1213 2/3 8/22/2018 Virginia State Bar - The So You’re 18 handbook was updated and reprinted for distribution to schools, departments of social services, juvenile detention centers, and other groups/organizations as requested. In addition, the pamphlets were presented as part of driver’s licensing ceremonies in J&DR courts in fourteen venues across the state.
The CLBA continually seeks to improve its efforts to better serve the needs of Virginia's local and specialty bar associations, to identify best practices, and inform bar leaders of developments and trends on issues of importance to association leadership.
Updated: Jul 16, 2013
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Diversity Conference
Peter C. Burnett, Chair
The Diversity Conference of the VSB is the only conference of the VSB that solicits individual attorney members. At this writing, it has about 135 members.
Officers
Chair - Peter C. Burnett Chair-elect - Rupen Shah Secretary - Eva Juncker Treasurer - Rupen Shah Immediate Past Chair - Michael Hu Young
Programs and Activities
The Diversity Conference Board of Governors and members continue to work on the programs and other activities described in previous reports to Bar Council. A brief update of each activity follows.
The Fore Diversity Golf Tournament at the VSB Annual Meeting in June, under the leadership of Ed Weiner, Kai Memmer and others, was again a success. As this best ball tournament is not restricted to VSB members, many teams include non-lawyers who, coincidently, seem to be remarkably good golfers. Fund raising was brisk, with several substantial sponsorships in place.
The success of the Hill-Tucker Pre-Law Institute (HTI) at the University of Richmond inspired its principal organizers and supporters, Providence Napoleon, Latoya Asia, and Clarence Dunnaville to expand its class size and demographic footprint for 2013. In conjunction with the Virginia Diversity Foundation, HTPI applied for a grant from the Virginia Law Foundation in January seeking financial support to host a class of 40 students from all parts of Virginia. In years past, the student census has been closer to 20, and the majority of attendees have hailed from the Richmond area. In April, the Virginia Law Foundation announced its award of $10,000 to the Virginia Diversity Foundation for the HTI program. Several major Virginia law firms have made substantial contributions.
Rupen Shah, our chair-elect, emceed a Jazz4Justice check presentation ceremony at James Madison University on February 14. The second annual concert was held on September 29. Ticket sales and sponsorships provided scholarship funding for JMU music students and much needed funds for Blue Ridge Legal Aid. http://www.vsb.org/site/about/dc-1213 1/2 8/22/2018 Virginia State Bar - Again this year, Justice Cleo Powell and Kathy Mays Coleman spearheaded the popular Rule of Law/Students Day at the Capitol Program. This program enjoys the support and participation of the Virginia Law Foundation, the VSB's Young Lawyers Conference, the VSB Diversity Conference, the Virginia Bar Association's Rule of Law Project, and the Schools Program of the Richmond Public Schools. The tireless, creative and inspirational leadership of Justice Powell and Kathy Mays Coleman resulted in a robust program at the Capitol that included speaking appearances by Governor and Lt. Governor as well as many other dignitaries.
In conjunction with the Virginia Women Attorneys Association, the Diversity Conference sponsored a program at its annual meeting on June 14 titled, "Diversity and the Rule of Law: Complementary or Contradictory?" Our first of three panelists was Jonathan Alger, an attorney and the new President of James Madison University, who played a leadership role in two landmark Supreme Court cases on diversity and university admissions. As Assistant General Counsel at the University of Michigan he coordinated one of the largest amicus brief coalitions in Supreme Court history. He is undoubtedly one of the country's leading authorities on the interplay between the rule of law and programs intended to promote diversity. President Alger was joined on the panel by Dr. Freeman Hrabowski, president of UMBC. Dr. Hrabowski was selected by Time Magazine in 2012 as one of the 100 most influential leaders in the world. He is an author and dynamic speaker who presides over a school with a student body hailing from more than 140 countries. The third panelist was Roger Clegg, CEO and General Counsel for the Center for Equal Opportunity, a conservative research and educational organization specializing in civil rights. Mr. Clegg has extensive experience as a high ranking member of the Department of Justice during the Bush Administration and has joined in several amicus briefs on the subject of race conscious college and university admissions. We are thrilled that US Court of Appeals Judge Barbara M. Keenan moderated the panel The program was approved for 1.5 hours of CLE credit.
Continuing Legal Education Programs
The Annual Meeting program describe above was approved for 1.5 hours of CLE credit.
Significant Issues
As most Council members know, the Council, at is June meeting, voted to include a Diversity Conference representative on the Executive Committee.
Updated: Jul 09, 2013
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Senior Lawyers Conference
F. Warren Haynie Jr., chair
All members of the Virginia State Bar in good standing who reach the age of fifty-five are automatically members of the Senior Lawyers Conference. No dues are required to participate in the activities of the SLC. As of February 22, 2013, the conference had 16,238 members. To make the new members aware of the opportunities available as members of the SLC, a birthday greeting is sent to each member of the Virginia State Bar during the month of their 55th birthday accompanied by a copy of the Senior Citizens Handbook. The “birthday letter” provides the SLC website as well as contact information at the VSB.
The budget for the conference in 2012-2013 was $25,000. Budgeted expenses include reimbursements for travel and other expenses incident to the conference meetings in Charlottesville, the printing of the 2013 edition of the Senior Citizens Handbook, hosting the conference’s continuing legal education program, and the presentation of fifty-year certificates at the VSB Annual Meeting. Copies of the Senior Citizens Handbook are available by contacting Stephanie Blanton, the liaison between the SLC and the Virginia State Bar. They are available individually and in bulk.
The SLC hosted the Showcase CLE program at the annual meeting of the Virginia State Bar held in Virginia Beach in June of 2013. The program titled “Cocktail Party Advice – How to Handle Questions from Friends, Neighbors, Clients, and Partners” and which carried two CLE credits was chaired and moderated by John Oakey of the Senior Lawyers Conference Board of Governors. It highlighted the problems with giving “casual” legal advice.
The tree planting program that was started by John Tate in 2011 was continued by the SLC in 2012-2013. Bruce Robinson assumed the chair of the project after John’s untimely death in December. Various kinds of saplings were distributed to individuals and organizations in the commonwealth free of charge. It is anticipated that this valuable program, funded entirely by voluntary contributions, will continue far into the future. There will be a tree planting ceremony in memory of John in his hometown of Marion, Virginia, sometime during the fall of 2013.
Several Senior Citizens Days have been conducted by the conference in cooperation with local bar associations. This program was chaired by Bill Wilson and included programs in Southside, Northern Virginia, Covington, and the Northern Neck. Other programs are planned for later in 2013.
Frank Brown continues to offer, at no charge, his CLE program titled “Protecting Lawyers and Clients Interests in the Event of Death or Disability” throughout the state.
http://www.vsb.org/site/about/senior-lawyers-1213 1/2 8/22/2018 Virginia State Bar - The terms of the program can be tailored to suit the audience, usually local bar associations. CLE ethics credits are approved for the program.
Officers for the 2012-2013 fiscal year were F. Warren Haynie Jr., chair; John M. Oakey, chair-elect; Edwin A. Bischoff (resigned), first vice-chair; Renae R. Patrick, secretary; Robert T. Vaughn Jr., treasurer. New members of the conference are Judge (ret.) John E. Kloch of Alexandria, Judge (ret.) William L. Wellons of Victoria, Carolyn Cox of Virginia Beach, Phillip N. Davy of Norfolk, and John D. Eure of Roanoke.
The conference hosted a brunch on Saturday, June 15, to honor those attorneys and judges who have been members of the VSB for fifty years. The event was well attended by the honorees, their families and friends, as well as VSB dignitaries. Group and individual photos were taken and will be mailed to each honoree.
Many thanks to Stephanie Blanton for her help as liaison throughout the year.
The SLC voted to table a motion to create an icon for conference branding purposes.
Updated: Jul 30, 2013
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Young Lawyers Conference
Brian R. Charville, President
Number of Conference Members: approximately 10,500
Officers and new Board of Governors members for the 2012-2013 bar year:
President – Brian R. Charville President-Elect – Kenneth L. Alger II Secretary – Maureen Danker Immediate Past President – Christy E. Kiely
New Board Members:
Monique A. Miles, 5th District Representative J. Craig Kemper, 10th District Representative
Special activities of the conference during the 2012-2013 bar year:
Professional Development Series, a series of webcasts and podcasts of past VSB and other groups’ CLE content for use by attorneys as practice-development tools. Chris Fortier, the Professional Development Conference chair, had the vision to record the PDC and other events and make that content available throughout the year. Additional content came from the First Day in Practice Seminar. Minority Pre-Law Conferences for college students considering law school and the legal profession. The first conference of the year took place at the Regent University School of Law in November 2012 and was led by Edwin Wu and Shukita Massey. The second conference of the year took place at the University of Richmond School of Law in March 2013 and was led by Brian Wesley and Sarah Bell. Admission & Orientation Ceremonies for attorneys who passed the bar exam. The first ceremony occurred in October 2012, a supplemental ceremony occurred in early December 2012 due to Hurricane Sandy in October, and the final ceremony of the year took place in early June 2013. The ceremonies were planned and carried out by a committee led by Les Brock and Scott Fisher. Future years’ fall A & O Ceremonies are expected to occur in early December. Oliver Hill / Samuel Tucker Pre-Law Institute for at-risk high school students. The 2012 Institute occurred in late June 2012 and had 17
http://www.vsb.org/site/about/young-lawyers-conference-1213 1/4 8/22/2018 Virginia State Bar - attendees for the week-long program. Providence Okoye and Latoya Asia co-chaired the Institute. Students Day at the Capital, March 28, 2013. The YLC partnered again with the Diversity Conference and the VBA’s Rule of Law program to enable 100s of secondary school students to see state government institutions in action. The YLC’s co-chairs for the program were Justin Sheldon and Elizabeth Beck Miller. No Bills Nights. Seth Land, the program’s statewide chair, developed a handbook for use by No Bills Night planners at the local level across the commonwealth. A No Bills Night planned by Michael Nicholas occurred in Danville during Law Week – 15 attorney volunteers took 85 calls over the course of the evening. Bench / Bar Dinner honoring newly elected and elevated women and minority judges. This year’s event was on November 1, 2012, in Richmond, and Chief Justice Cynthia Kinser was our keynote speaker. Twelve judges were honored. The Wills for Heroes program that enables attorney volunteers to prepare estate-planning documents for first responders and their spouses was conducted in Alexandria. The YLC planned and carried out the debate between the Democratic and Republican candidates for Virginia Attorney General at the VSB’s Annual Meeting in Virginia Beach in June. Andrea Davison led the planning committee. The YLC organized several athletic events at the Annual Meeting, including a 5K fun run and exciting volleyball tournament. Laura O’Brien planned those events. Law Day / Law Week programs, led by statewide chair Jean Humbrecht, were carried out in several Virginia localities. They included a No Bills Night in Danville (see above), a pro bono event and a Law Day presentation in the 16th Circuit that were organized by Jason Seiden, and a seminar in the 1st Circuit that focused on criminal procedure law and was organized by Drew Page. The Children & the Law Commission, chaired by Helen Chong, presented a program about cyberbullying to high school students on May 1 in Charlottesville. The Women & Minorities in the Profession Commission conducted lunchtime teleconferences, most notably on March 28 featuring Ana Reyes, of Williams & Connolly, who spoke on issues facing women and minorities in the profession. The Board Match program wrapped up work with VSB staff on a web- based interface that will enable attorney volunteers to connect with non- profits’ boards of directors that seek attorneys as board members. Chris Johnson and Melissa Hamann co-chair the Board Match program. Docket Call, the YLC’s award-winning member newsletter, had four informative issues this year, which were complemented by “e-blasts” with news and events. The YLC’s Fellows Program completed its first full year of existence and made progress in engaging Fellows in activities of the YLC. Fellow Christy Kiely, the YLC’s Immediate Past President, led an effort to http://www.vsb.org/site/about/young-lawyers-conference-1213 2/4 8/22/2018 Virginia State Bar - create a directory of Fellows, and Fellows were invited to meetings of the YLC Board throughout the year. The Young Lawyers Conference is also proud that it received recognition in all five categories for its division (1A) from the ABA YLD’s Awards of Achievement program: First place in the Service to the Bar category for the Professional Development Series. Second place in the Comprehensive category, which addresses the overall breadth and quality of our programs. Second place in the newsletter category for our Docket Call newsletter. Second place in the Minority Project category for the Hill / Tucker Pre-Law Institute. Special recognition in the Service to the Public category for Community Law Week programming.
Continuing Legal Education (CLE) programs sponsored by the conference:
Professional Development Conference, a one-day CLE program for lawyers of all practice areas and experience levels. Chris Fortier chaired the conference and had the vision to expand it from the long-standing Richmond location to a Washington, D.C., location as well, adding space for more than 40 attendees. First Day in Practice and Beyond Seminar, March 1, 2013 (rescheduled after the event planned for Oct. 29 was cancelled due to Hurricane Sandy). Rob Dean and Meredith Brebner co-chaired the Seminar, which we hosted with the GP Section. The Immigrant Outreach Committee conducted a 4-credit CLE program at the George Mason University School of Law in December. There were more than 30 attendees. The committee also conducted a 4-credit CLE program in Norfolk in mid-March and there were approximately 30 attendees at it. The Health & the Law Commission and the Mental Health Law Committee of the YLC held a one-day CLE program (Health Law Day) in early May in Richmond. The program provided 6 CLE credits and was at full capacity. The YLC’s Domestic Violence Safety Project, chaired by Susheela Varkey and Elizabeth Cooper, carried out a CLE program about protective orders on May 8th.
Significant issues encountered by the conference during the 2012-2013 bar year:
The Young Lawyers Conference enjoyed an eventful and successful year. The YLC is fortunate to have a dedicated board of governors, an incredible roster of diligent and enthusiastic volunteers, and eminently capable liaisons and support staff at the Virginia State Bar. There were no significant issues to report. http://www.vsb.org/site/about/young-lawyers-conference-1213 3/4 8/22/2018 Virginia State Bar - For more information about YLC programs and events please visit http://www.vsb.org/site/conferences/ylc/ or http://www.vayounglawyers.org/
Updated: Sep 19, 2013
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Budget and Finance
Allan Anderson, Chair
The Standing Committee on Budget and Finance conducted a joint meeting with the Executive Committee on September 14, 2012, to consider changes to the bar’s 2012/2014 appropriation. The changes approved by the committee were for staff salary adjustments and funds to cover the Enterprise Content Records Management (ECRM) project. Despite considerable effort on behalf of the staff “catch-up” salary proposal, the governor only approved the additional appropriation request of $300,000 for each year of the biennium for the ECRM project, which was also approved by the legislature during the 2013 General Assembly session.
The Standing Committee on Budget and Finance met on April 23, 2013, to review, revise and approve the staff’s proposal for the 2013/2014 operating budget. The Virginia Supreme Court approved the budget on June 4, 2013, and it was reviewed and approved by the Executive Committee on June 12, 2013. On June 13, 2013, Bar Council considered, and unanimously passed, an operating budget of $14,660,000 for the 2013/2014 fiscal year for the bar.
This budget reflects an increase of $1,089,000 over the budget for the prior fiscal year which ended on June 30, 2013. The increase was primarily due to a 2 percent salary increase for bar staff, which all state employees will receive, an additional salary adjustment for all eligible state employees based on years of service, and an increase in state employee benefits. The budget also includes $500,000 as an estimate to cover moving and relocation expenses for the bar office. The location of the new office space has not been determined, which makes it difficult to accurately project the expenses for the move and relocation. In addition, the contribution to the Lawyers Helping Lawyers program was increased to $150,000 from $135,000.
The committee continues to evaluate the appropriate levels of reserves for the bar.
Updated: Sep 19, 2013
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Committee on Lawyer Discipline
J. Tracy Walker IV and Stephen Haiden Ratliff, co-chairs
The Standing Committee on Lawyer Discipline oversees the attorney disciplinary process, including the bar’s investigation and prosecution of complaints. Members of COLD are assigned to monitor the progress of investigations and prosecutions in each of the district disciplinary committees through interactions and discussions with VSB counsel and committee chairs. In addition, the oversight subcommittee randomly reviews case files to ensure that VSB counsel handled them in a procedurally correct manner. In fiscal year 2013, there were 108 random reviews. Further review is done of specific files where complainants or respondents have questioned the handling of a case.
COLD also formulates and presents proposed amendments to Part Six, Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia, which govern the disciplinary process. Proposed amendments are published for comment and are then presented to the Virginia State Bar Council, which decides whether to petition the Supreme Court for adoption of the change.
The committee is composed of ten attorneys, two laypersons, and one member of the VSB Disciplinary Board, who serves ex-officio. The committee meets monthly from September to June. For the year beginning July 1, 2012, John Tracy Walker IV, and Stephen Haiden Ratliff served as co-chairs of COLD. Roscoe B. Stephenson III served as vice chair, J. Wayne Sprinkle chaired the rules subcommittee, and Chidi I. James chaired the oversight subcommittee.
COLD hosts an annual Disciplinary Conference which is attended by attorney and lay members of the district committees, the disciplinary board, COLD members, and judges who sit on three-judge circuit court panels that hear disciplinary matters. The programs at the conference are designed to provide education and updates on the disciplinary process to the volunteers serving in the disciplinary system. This year the conference was held at Boar’s Head Inn on July 11 and 12, 2013, with a record high number in attendance.
Updated: Sep 19, 2013
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Standing Committee on Legal Ethics
Marni E. Byrum, chair
Ethics Opinions
The Standing Committee on Legal Ethics received seven new opinion requests in fiscal year 2013. Since July 1, 2012, the committee issued eight final opinions and is carrying seven requests over to fiscal year 2014, including three that have been issued for public comment.
Opinions issued by the committee address the following topics:
Disclosure of exculpatory evidence Communication with an insurance adjuster when the insured is represented by a lawyer provided by the insurer May a criminal defense lawyer agree that he will not give certain discovery materials to his client during the course of the representation, and that he will remove certain materials from his file prior to the end of the representation? Obligations of a lawyer in handling settlement funds when a third party lien or claim is asserted “Of counsel” relationship Use of release-dismissal agreements by prosecutors Assisting pro se litigants – courthouse assistance program Virtual law office and use of executive office suites
Opinions issued for public comment and pending consideration by the Committee address the following topics:
When a GAL is appointed, can parent’s lawyer talk to minor child without GAL’s knowledge or GAL speak with represented parent without consent of their counsel Inadvertent receipt of confidential information during discovery Conflict issues arising when a government lawyer is furloughed from employment and asked to continue representing the agency in appeals arising from the furlough of other employees
Rule Revisions http://www.vsb.org/site/about/legal-ethics-1213 1/2 8/22/2018 Virginia State Bar - Proposed rule amendments currently pending with the Supreme Court of Virginia:
An amendment to Rule 1.15 to clarify that funds received from a client or third party must be placed into a clearly identified trust account, not a safe deposit box, and that other forms of property can be placed in a safe deposit box or other place of safekeeping. An amendment to Rule 1.11(d) providing that a conflict arising from a lawyer’s move from private practice to public employment may be cured with the consent of the applicable clients. An amendment to Rule 5.4(d)(2) to bring the rule into alignment with Virginia Code §54.1-3902(B)(1), which permits a non-lawyer to serve as the secretary, treasurer, office manager, or business manager of a professional entity that is authorized to practice law.
Ethics Telephone Calls
In addition to the written requests for ethics opinions outlined above, the number of ethics telephone calls to VSB staff attorneys from July through June averaged 655 per month, compared to 598 per month in FY 2012, an increase of 57 calls per month.
Updated: Jul 09, 2013
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Standing Committee on Professionalism
Steven W. Ray,, chair
The Standing Committee on Professionalism is charged with responsibility for administration and ongoing oversight of the mandatory course on professionalism, which is required of all newly-admitted active members of the Virginia State Bar. The purpose of the course is to encourage attorneys to uphold and elevate the standards of honor, integrity, and courtesy in the legal profession. Since institution of the program in 1988, over 31,000 new admittees have taken the course — more than the current active participating bar in Virginia.
The course faculty is composed of distinguished lawyers and judges representing a broad cross-section of the legal profession in Virginia. Faculty members are nominated by their peers and invited by the chief justice to accept appointment for a three-year term.
The course was offered a total of eight times in Northern Virginia, Richmond, Roanoke, Chesapeake and Charlottesville during the 2012-2013 bar year. There were approximately 1,500 attendees at these courses.
As in previous years, Honorable Donald W. Lemons, Supreme Court of Virginia, has attended the courses to give an inspiring luncheon address as his schedule permits. The committee was also privileged to welcome the Honorable Donald W. Lemmons, Supreme Court of Virginia, Honorable B. Waugh Crigler, the Honorable Mark C. Simmons and the Honorable Charles E. Poston as luncheon speakers this year. The involvement of our chief judicial officer, other justices, as well as the leadership of our bar, emphasizes to new lawyers the bar’s seriousness in regarding the issue of professionalism. The committee is grateful for the attendance of the current VSB president, W. David Harless, at each of the courses.
The committee continues to oversee the administrative functions of the course including faculty selection, course material update, and faculty training activities. Also, the committee reviews the course evaluations and strives to update the course agenda and format. In that regard, the committee is in the process of updating the video that has been part of the course for over ten years.
Finally, the committee continues to work with the Professionalism for Law Students program co-sponsored by the VSB Section on the Education of Lawyers. This program has become a fixture at all the Virginia law schools and has been diligently led by William E. Glover with the help of the committed faculty.
http://www.vsb.org/site/about/professionalism-1213 1/2 8/22/2018 Virginia State Bar - Updated: Jul 10, 2013
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Standing Committee on Unauthorized Practice of Law
Christine Lockhart Poarch, chair
The Standing Committee on Unauthorized Practice of Law is charged with two duties: investigating complaints alleging that individuals or business entities are engaged in the unauthorized practice of law; and issuing opinions as to whether specific conduct constitutes the unauthorized practice of law.
This fiscal year, forty-seven new UPL investigations were opened and of these new complaints, twenty-six have been closed with six resulting in a signed letter agreement. Of these new complaints, none have been referred to the Office of the Attorney General for civil prosecution or to the U.S. Attorney’s Office, and one has been referred to commonwealth’s attorneys for criminal prosecution.
A total of twenty-eight investigations were carried over from prior fiscal years. Of these, twenty-six were closed with ten resulting in a signed letter agreement. There were four referrals to the Office of the Attorney General and one was referred to a commonwealth attorney for prosecution.
During this year, assistant ethics counsel also reviewed and answered twenty-three complaints in which counsel determined that, based on the information provided, there was no unauthorized practice of law in Virginia warranting a formal investigation by the committee.
The committee received one new opinion request in Fiscal Year 2013.
I would like to thank the committee members — Vice Chair Sharon Marcella Bolling Pigeon, Robert R. Bock, Adam D. Elfenbein, William J. Viverette, Nancy Rodrigues, Elliott P. Park, Susan M. Butler, and Guy C. Crowgey for their hard work and dedication to the mission of the committee during the past year.
Updated: Jul 10, 2013
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Special Committee on Access to Legal Services
Joanna L. Suyes, chair
Co-chairs: Crystal Y. Twitty and James A. Ferguson
Members: Andrea L. Bridgeman Tara Louise Casey H. Patrick Cline, Jr. John Brendon Gately Eva N. Juncker Margaret A. Nelson Grady A. Palmer III Nancy Marie Reed James Wilson Speer Susan J. Stanford-Stoney Julie M. Strandlie The Honorable Yvette Ayala Via
Ex-officio: Mark D. Braley, LSCV Executive Director
VSB staff: Mary Yancey Spencer, VSB deputy executive director Maureen K. Petrini, VSB access to legal services director[1] Paulette J. Davidson, VSB access to legal services staff
Meetings The committee met in Richmond on October 5, 2012, December 6, 2012, and February 15, 2013; at the Library of Virginia on April 15, 2013, prior to its Annual Pro Bono Celebration; and informally in Virginia Beach with the Association of Virginia Legal Aid Programs on June 14, 2013. At its April meeting, the committee authorized John Whitfield of Blue Ridge Legal Services to develop and distribute to non-legal aid pro bono providers a survey of, among other things, the number of attorneys volunteering with the respondent programs and the number of hours donated. Results of the survey were presented at the June meeting.
The committee sponsored a Continuing Legal Education program at its Annual Pro Bono Celebration in April. John V. Moeser, professor emeritus of Urban Studies and Planning at Virginia Commonwealth University and senior fellow with the Bonner Center for Civic Engagement at the University of Richmond, presented Introduction to the Changing Face of Poverty in the United States including excerpts from The Line, an award-winning documentary directed by Linda Midgett. John Whitfield reviewed the http://www.vsb.org/site/about/access-1213 1/3 8/22/2018 Virginia State Bar - World Justice Project’s 2012 Comparative Rule of Law Index and Virginia’s existing justice gap while examining a lawyer’s ethical obligation under Rule 6.1 of the Virginia Rules of Professional Conduct. Scott Oostdyk of McGuireWoods LLP, and Ali Fannon, director of programs and development at the Greater Richmond Bar Foundation, demonstrated JusticeServer, a new online pro bono database tool. Attendees received 2.5 CLE hours, including 2 hours ethics.
Awards The committee presented the Lewis F. Powell, Jr., Pro Bono Award to the volunteer Virginia attorneys affiliated with the Lewis B. Puller Jr. Veterans Benefits Clinic at Marshall-Wythe Law School of the College of William and Mary and the Oliver White Hill Law Student Pro Bono Award to Monica K. Tulchinsky of Washington & Lee University School of Law. VSB President W. David Harless moderated the ceremony at the Annual Pro Bono Celebration.
At the VSB Annual Meeting in June, the committee presented the Legal Aid Lawyer of the Year Award to John Robert Rellick, managing attorney of the Tappahannock office of Rappahannock Legal Services. Chief Justice Cynthia D. Kinser gave remarks and VSB President W. David Harless moderated the luncheon event.
Other Activities Committee-sponsored activities open to the public on April 15, 2012, consisted of:
Guided tour of the Library of Virginia’s special collections and its exhibit on Law and Justice in Virginia. Guided tour of the Spottswood W. Robinson III and Robert R. Merhige Jr. United States Courthouse, including an informal meeting with United States Magistrate Judge M. Hannah Lauck. Ceremony for presentation of the Powell and Hill awards at the Library of Virginia followed by an honoree reception at University of Richmond Downtown.
Members Bridgeman, Nelson, and Twitty and Chair Suyes attended the ABA/NLADA Equal Justice Conference in St. Louis, MO, on May 10, 2013.
Two members serve as liaisons to VSB entities: Nelson is a voting member of the Indigent Defense Task Force and Juncker is a member of the board of governors of the Diversity Conference.
Chair Suyes and Member Bridgeman were honored to be invited to serve on the Supreme Court of Virginia’s Access to Justice Study Committee which recommended to the Supreme Court that it adopt an Access to Justice Commission in Virginia.
Officers (2013-14): Joanna L. Suyes, chair; James A. Ferguson and Crystal Y. Twitty, co-chairs.
New Members (2013-14): Marie Appleby Breimann; Lonnie Dayton Nunley III; Atri Michael Signer; Patricia Marie Sulzbach.
http://www.vsb.org/site/about/access-1213 2/3 8/22/2018 Virginia State Bar - [1] Maureen Petrini retired as Access to Legal Services Director effective the end of February, 2013.
Updated: Jul 09, 2013
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Special Committee on Bench-Bar Relations
Jonathan T. Blank, chair
The Bench-Bar Relations Committee had an exciting year. The committee met on the following dates at the following locations:
September 12, 2012 – Virginia State Bar, Richmond January 19, 2013 – Virginia State Bar, Richmond April 26, 2013 – Southwest Higher Education Center, Abingdon May 8, 2013 - Virginia State Bar, Richmond
The committee also utilized video teleconferencing, which worked well.
Thanks to our President W. David Harless, the committee added a number of new members. They include: Honorable Pamela S. Baskervill; Honorable John A. Gibney Jr., Honorable Charles R. Lowe; and Henry I. Willett III.
The committee chair also was turned over from Jonathan Blank at the end of May 2013 to W. Hunter and Honorable Colleen K. Killilea, Vice-Chair.
The committee also accepted a role that will hopefully define the committee’s activity for years to come. President Harless spearheaded the effort to establish regional bench- bar conferences, the first taking place in Abingdon. The Bench-Bar Relations Committee unanimously endorsed the program and became a sponsor. The committee also accepted the role of fostering the creation of future bench-bar conferences. The committee’s role will be to provide its name as well as support in the form of speakers, written material, and logistics. The committee also participated in the Bar Leadership Conference in Richmond where it promoted the regional bench-bar conference idea and experience.
Updated: Jul 09, 2013
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Special Committee on Communications
Elizabeth A. Andrews, chair
President-elect Video Project Virginia State Bar President-elect Sharon D. Nelson informed the committee that she supports the bar producing videos in English and Spanish, housed on YouTube, accessible through the VSB website, to inform the public and members about the work of the agency. The committee voted in favor of the project to proceed in stages of five videos, per approval of the committee, for a potential of twenty in the next FY. The committee approved draft scripts for videos on fee dispute resolution, lawyer referral, the client’s protection fund, the So You’re 18 brochure, and the Senior Citizens Handbook.
Social Media/Interactive The committee approved a request by the bar’s Family Law Section for a Facebook group page moderated by its chair, with edits made by the committee per the VSB media policy.
The committee agreed to consider bar section requests for interactive listservs when section chairs agree to moderate and supervise them.
After the committee’s review (last year) of plans for bar development of applications and website optimization for tablets and iPhones, the bar announced a mobile website and app for members.
Law in Society Essay Contest A new format for the high school essay contest asked students to write a law making it illegal for students to try to intimidate their teacher online. Committee members were among the judges of essays from 37 students and 31 schools. Committee members volunteered to present awards to the winners.
New Essay Contest Sharon Nelson presented a possible new essay contest for law students that would coincide with the bar's 75th anniversary during her tenure as president. With a possible topic on the future of the law profession, the essays would be funded by private law firms and reviewed by law school professors with general oversight by the communications committee. The committee has not been asked to make a decision yet on the contest, since details are still being determined.
Membership Elizabeth A. Andrews, chair; Mary L.C. Daniel, vice-chair; Terry W. Raney, Kristin B. Burch, Alan H. Cooper, David A. Hirsch, Patrick B. McDermott, Michael A. Nicholas,
http://www.vsb.org/site/about/communications-1213 1/2 8/22/2018 Virginia State Bar - Keith D. Parsons, Robert M. Tyler, Joseph F. Verser, and Reiss F. Wilks. Bar liaison, Rodney A. Coggin.
Updated: Jul 08, 2013
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Special Committee on Information Technology
John M. Tran, chairman The Committee on Information Technology continues the work of the Special Committee on Information Technology and the Computer Committee. The committee members for 2013 were Sharon D. Nelson of Sensei Enterprises; Jeffrey Willis McLeod, Associate Commissioner/Director of Corporate Development at Central Intercollegiate Athletic Association; John K. Sheldon, from the Virginia Information Technologies Agency; Paul McGlone, a solo practitioner in Fairfax; Rodney Allen Satterwhite, a partner and senior tech advisor from McGuire Woods in Richmond; and Alan Durrum Wingfield, Troutman Sanders LLP.
The committee continued to oversee the bar’s procurement and implementation of electronic document and records management opportunities as part of the bar’s ongoing enterprise content management program.
In 2014, the committee will continue to look for support and input from Sharon Nelson, Jeffrey McLeod, John Sheldon, Paul McGlone, Rodney Satterwhite, Joshua David Heslinga, and Alan D. Wingfield.
Updated: Aug 15, 2013
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Judicial Candidate Evaluation Committee
Douglas L. Guynn, Chair
The Judicial Candidate Evaluation Committee (JCEC) was not asked to evaluate any judicial candidates during this fiscal year. This was because no one on the Supreme Court of Virginia, the Virginia Court of Appeals, the United States Court of Appeals for the Fourth Circuit or the United States District Court for the Easter District of Virginia left the bench. JCEC members forming the committee this year were:
Douglas L. Guynn, chair – Harrisonburg A. Lisa Barker – Hanover David W. Bouchard – Chesapeake (member at large) John E. Byrnes – Fairfax Anthony H. Monioudis – Danville Renae R. Patrick – Winchester Todd G. Patrick – Waynesboro Michael A. Robusto – Virginia Beach Theo K. Stamos – Arlington Crystal Y. Twitty – Richmond David J. Whitted – Chesapeake Michael M. York – Reston Irving R. Blank – Richmond (ex officio, representing Executive Committee)
Updated: Jul 16, 2013
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Committee on Lawyer Malpractice Insurance
R. Paul Childress, Chair
ALPS RRG (Attorneys Liability Protection Society Inc., A Risk Retention Group) is the VSB’s endorsed professional liability insurance carrier. The Special Committee on Lawyer Malpractice Insurance (LMI Committee) continued its overview of ALPS’s risk management endeavors during FY2013.
On the risk management front, ALPS contributed 3 percent of its Virginia gross written premium in 2012, or $233,000, to support a variety of VSB risk management activities. Those dollars supported a statewide fall risk management tour (where 1,400 Virginia attorneys earned three hours of CLE ethics credit), a Hanging Out a Shingle mini-tour, three webinars, nine programs uploaded into a Virginia on-demand library, and the retention of a dedicated, full-time Virginia risk manager able to serve as a risk management resource with local bars and engage in article publication, blogging, and fielding Virginia lawyer calls.
As of June 30, 2013, 3,720 Virginia lawyers were insured by ALPS in 1,930 firms. As of June 30, 2012, 3,648 Virginia lawyers were insured by ALPS in 1,888 firms. As of June 30, 2011, 3,568 Virginia lawyers were insured by ALPS in 1,847 firms.
The LMI Committee met on August 23, 2012, at its regularly scheduled meeting. Michael Glasser, Virginia lawyer, past president of the Virginia State Bar, ALPS insured and member of ALPS board of directors, was present and addressed the LMIC on the issue of ALPS stability in light of A.M. Best’s weakening of ALPS outlook to negative, despite holding its rating to A-. Specifically, Mr. Glasser stated that he does not expect Alps’ rating to go below A-. ALPS representatives, David Bell, president and chief operating ffficer, and Chris Newbold, executive vice president, also addressed the topic, and reviewed the efforts ALPS is undertaking to address A.M. Best’s concerns.
At its meetings held on November 29, 2012, February 21, 2013, and May 16, 2013, the LMI Committee continued to focus on monitoring ALPS performance, increasing the committee members’ knowledge in the LPL arena, and targeting the risk management budget toward educational topics to decrease liability for Virginia lawyers.
On May 28, 2013, ALPS notified us A.M. Best again revised its ALPS outlook, this time from Negative to Stable. The A.M. Best press release noted that the designation comes "on the heels of a record-breaking year for ALPS, with 2012 recording the highest policyholder surplus in company history," $34.4 million.
In 2012 year-end results, ALPS reported a net combined ratio of 96.10 percent overall with the Virginia book at 99.66 percent. Of its total 12,643 insureds, 3,405 were Virginia http://www.vsb.org/site/about/malpractice-1213 1/2 8/22/2018 Virginia State Bar - attorneys as of December 31, 2012. Claims frequency in 2012 was 4.88 percent in Virginia, compared to 4.04 percent overall. Gross written premium from the Virginia book was $8,952,606, and overall was $40,497,693. Net written premium from Virginia was $6,159,085, and overall was $27,861,019.
ALPS continues to move forward with plans to relinquish its Risk Retention Group status and become an admitted carrier in all states in which it does business. In consultation with the Virginia State Corporation Commission, it withdrew its Virginia application in February, but plans to re-file later this year after the completion of a triennial financial examination. Acceptance of ALPS as an admitted carrier in Virginia will require them to be part of the Virginia Guarantee Fund.
Finally, long-time ALPS CEO Robert W. Minto Jr. recently transitioned into his new role as executive chair of the ALPS board of directors, making way for insurance industry veteran David Bell to take the reins as CEO. Bell was previously ALPS’s president and chief operating officer.
Updated: Jul 22, 2013
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Special Committee on Lawyer Referral
Robert L. Flax, chair The Virginia Lawyer Referral Service (VLRS) has helped citizens of Virginia, the United States, and abroad obtain effective and high-quality legal assistance since 1977. The VLRS — a public service arm of the Virginia State Bar (VSB) — offers toll-free and Richmond-area phone numbers that receive more than 20,000 calls yearly from persons in need of assistance with legal matters in Virginia. The VLRS provided more than 5,500 prescreened and prepaid referrals to its 600 panel members for the 2012-13 fiscal year. Over 60 percent of those referrals have resulted in ongoing legal services, provided by our panel members.
The VLRS has successfully completed its three-year partnership with the VSB Military Law Section Pro Bono Project by making available its toll-free number and staff in providing 147 referrals to Virginia military members and military dependents to the seventeen volunteer attorneys listed with the VSB Military Law Section. The VLRS Committee has also been presented for its review and consideration other joint projects through the Virginia Bar Association and The D. H. Lawson Foundation to offer reduced- fee legal services to Virginia veterans and Virginia families with special needs children.
The Special Committee on Lawyer Referral members and VLRS staff continued their panel membership recruitment efforts by providing VLRS panel membership applications and information to VSB members in attendance at the VSB Young Lawyers Conferences Admission & Orientation Ceremonies in October 2012 and June 2013, the VSB Conference of Local Bar Leaders Institute, Solo & Small-Firm Practitioners Forums (Smithfield, March 2013 and Staunton, May 2013), and the VSB 75th Annual Meeting in June 2013 that resulted in more than first-time VLRS panelist.
Special thanks to the VLRS 2012-13 committee members: Charles E. Adams of Richmond, August Bequai of McLean, Teresa S. Cole of Vienna, Joan B. Davis of Richmond, Judy A. Dugger of Fairfax, William F. Quillian of Lynchburg, Rhodes B. Ritenour of Richmond, Eric R. Spencer of Roanoke, and newly appointed Chair Pamela C. Gavin of Henrico and Vice Chair Elizabeth M. Ross of Leesburg for their continuing service and dedication. The committee gives special appreciation to exiting committee members Renae R. Patrick of Winchester; and immediate past Chair Robert L. Flax of Richmond for his many years of dedication to the committee and his continuing 26-plus years of service as a VLRS panel member. We welcome our newest members, David A. McKelvey of Roanoke and Sarah M. Morton of Harrisonburg, and look forward to the ideas and energy they will bring to the committee. Thanks also to the VLRS staff: coordinator Toni B. Dunson and staff assistants Lydia M. Maddox and Sheree L. Patterson for their tireless efforts to sustain and improve the VLRS.
Updated: Aug 15, 2013
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Personal Insurance for Members
Gary W. Lonergan, Chair The chief function of the Personal Insurance for Members Committee is to provide oversight of the VSB endorsed health, term life and disability income insurance plans. The Virginia State Bar has endorsed such plans for more than fifty years. With the help of the Broker-Administrator, the Virginia State Bar Members’ Insurance Center, the committee monitors the plans and the details of coverage offered. The work of the committee and the administrator relieves attorneys of the time and expense of finding insurance products on their own.
The most popular component of the VSB insurance program is health insurance with Anthem. The enrollment of VSB members, staff members and family members approximates 5,700. Thanks to the endorsement by the VSB, people receive “Value Added Benefits,” or extra benefits at no extra cost from Anthem. Another important feature of this VSB health insurance program is the ability to offer “sole proprietor” group coverage. An exception has been made for the VSB and several other professional associations. Ordinarily a minimum of two employees is required for group health insurance.
In order to enroll in the VSB/Anthem program the law firm or sole proprietor need to either work or live in the Anthem service area (west of Route 123). Thus, no special health insurance program existed for law firms in northern Virginia until this year. In 2013, our administrator, VSBMIC, began marketing a Coventry program whereby a 2- 3% discount off of premium is realized by law firms with two or more employees in northern Virginia.
Approximately 650 people are covered by the VSB Group Term Life Plan and about 230 under the Group Disability Income Plan. The Committee is pleased to report that the rates for both these plans did not increase this past year. In fact, during the past 22 years VSB members have not seen an increase in either plan! However, they have experienced several rate reductions. Everyone in the VSB Disability Plan received a six month 50% premium holiday (January-June 2013) thanks to the plan’s favorable claims experience.
Information about these VSB-endorsed insurance plans can be found at www.vsbmic.com.
I would like to express my appreciation to Vice Chair, Daniel Leigh Rosenthal, Pamela Conner Gavin, Ann Winskie Hill, Leslie Weber Hoffman, John Christopher LaGow, M. Janet Palmer, Carol Rosier Russek and Carol Joy Schrier-Polak, for their participation http://www.vsb.org/site/about/personal_insurance_for_members 1/2 8/22/2018 Virginia State Bar - and commitment to the work of the committee. I would also like to thank VSB Deputy Executive Director, Mary Yancey Spencer, for her advice and assistance to the committee.
Updated: Jul 01, 2014
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Special Committee on Seminars
Sharon D. Nelson, Chair The principal function of this committee is to plan upcoming Midyear Legal Seminars. Members of the committee for the last year included: Michael Blair, Irving M. Blank, James O. Broccoletti, John E. Byrnes; Richard L. Camaur, Wayne F. Cyron, Terry N. Grimes, I. Lionel Hancock III, James W. Korman, Stephen A. Strickler, Cathleen A. Tucker, Judge George D. Varoutsos, Edward L. Weiner, and William L. Schmidt, ex officio.
The 2012 Midyear Seminar was held at the St. Regis Rome, Italy, November 7-14, with a pre- trip to Sorrento. Approximately 130 attorneys and spouses were in attendance. The CLE program included two three-hour presentations: Get Your Head Out of the Cloud: Explore the Effects of Globalization and Technology on the Practice of Law, sponsored by the Litigation Section; Making A Silk Purse Out of A Sow’s Ear: Rehabilitating Your ‘Less than Perfect’ Client Through the Use of Pretrial Discovery, sponsored by the Family Law Section; and two one hour technology presentations: Locked Down: Information Security for Lawyers and iPad for Lawyers. In addition, there was a Comparative Law Symposium entitled A Basic Primer on the Comparative Differences between Italian and American Laws and Legal Systems, featuring a panel of local lawyers and Italian officials. The symposium was followed by a reception and luncheon. The seminar qualified for a total of nine hours of MCLE credit, including 5 hours of ethics.
The Midyear Legal Seminar Committee also finalized plans for the 2013 seminar which will be held at the Paris Westin Place Vendôme, with a pre-trip to Marseilles, France. Approximately 150 lawyers, spouses and guests are currently registered for the Paris seminar.
Updated: Aug 07, 2014
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Special Committee on Technology and the Practice of Law
Alan S. Goldberg, chair
The Special Committee on Technology and the Practice of Law is composed of lawyers with expertise and interest in legal technology. The committee educates and advises the bar and the public in areas where law and technology intersect. In 2012-13, its members wrote articles that were published in the April 2013, February 2013, October 2013, and June/July 2012 issues of Virginia Lawyer.
Meeting topics for the year included reviewing compliance with privacy and security requirements of governments and related business and law firm policies, and considering timely developments in the law affecting the use of technology. In addition, the committee prepared a CLE presentation for the Annual Meeting titled “Attorney Professional Competence in Technology: An Introduction and Foundation for Enhancement,” which was intended to provide current information to Virginia practitioners regarding basic computer competence for attorneys and the ethical use of technology. The committee also considered the possibility of petitioning for conversion to a VSB Section.
Members of the committee were Alan S. Goldberg, chair; Michael A. Minter, vice chair; James E. Bowman II; Joseph T. Buxton III; Joel C. Cunningham Jr.; David Zachary Kaufman; Fredric Lederer; Olivier D. Long; Alice N. Lucan; John L. Lumpkins; Charles Bennett Molster III; Kristopher R. Olin; Lisa A. Robertson; Daniel H. Ruttenberg; James M. McCauley, ex-officio.
Updated: Jul 08, 2013
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Client Protection Fund
Peter M. Mellette, Chair
The Clients’ Protection Fund was established in 1976 to make monetary awards to persons who have suffered financial losses due to the dishonest conduct of Virginia lawyers. The fund is operated by a fourteen-member board appointed by the Virginia State Bar Council. The board has lay and lawyer members. Board members investigate all petitions from clients for payments from the fund, and the board discusses and acts on each petition.
As of July 1, 2012, twenty-five claims were pending from the previous year. Seventy- nine new petitions were received during fiscal year 2013. The total amount paid during 2012-2013 was $325,077.92 representing thirty-four claims and seventeen attorneys. The board denied eleven petitions and nineteen petitions were rejected for not meeting the CPF rule requirements. One claim was withdrawn by the petitioner. As of June 30, 2013, there were forty-one pending claims. The board reviewed and investigated fifty- seven claims during the year.
The fund began the fiscal year on July 1, 2012, with a cash balance of $5,881,595. The Clients’ Protection Fund $25 assessment from all active attorneys totaled $755,850. Interest income, net of bank service charges for the fiscal year, totaled $126,475.00. The fund received restitutions from attorney general’s collections, debt set-off and individual restitutions in the amount of $13,865.00 net of attorney’s fees for collection services. As of June 30, 2013, the cash balance in the fund was just over $6,452,710. Pursuant to the rules governing the Clients’ Protection Fund, all funds are invested in certificates of deposit, U. S. government securities and federal agency securities.
The Clients’ Protection Fund board members are to be commended for the many hours they spend investigating and deliberating claims submitted to the board. The board also spent considerable time this year working on proposed rule changes and on oversight of fund investments. Appreciation is extended to William E. Phillips, William G. Murray and Thomas R. Scott, who are rotating off the board, for their years of service.
The board welcomes the following new members for fiscal year 2013-2014: Adam D. Elfenbein for disciplinary district 4, Margaret A. Nelson for disciplinary district 9, and Donna S. Baker for disciplinary district 10.
Updated: Sep 19, 2013
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Mandatory Continuing Legal Education
Paula Steinhilber Beran, chair
The Mandatory Continuing Legal Education (MCLE) Board administers the program that was established by the Supreme Court of Virginia in 1985. The rules governing the MCLE program were amended in 1990 to require all active members of the Virginia State Bar to complete a minimum of twelve hours of approved continuing legal education courses, including two hours of ethics or professionalism, each fiscal year.
The MCLE Board consists of twelve members appointed by the Virginia Supreme Court. In addition to the chair, members for fiscal year 2013 included Michael Lawrence Goodman of Richmond, vice chair; Raymond B. Benzinger of Arlington, Afshin Farashahi of Virginia Beach, Leonard Claro Heath Jr. of Newport News, Helen Eckert Phillips of Grundy, Liza Shawn Simmons of Richmond, Lorrie Ann Sinclair of Leesburg, Carole Yeatts Timberlake of Richmond, Melinda Laverne VanLowe of McLean, and George William Watkins of Waynesboro.
The board meets seven times per year at the VSB’s Richmond office to, among other things, consider course-approval applications. The VSB’s MCLE department provides daily administration of the MCLE requirements for the board. Over the last reporting cycle, the MCLE staff and board considered the following: 21,600 course approvals, 64 waiver and extension requests, and approximately 150,000 certifications of attendance. Usage by attorneys of the online MCLE certification feature continues to increase and enables attorneys to post the majority of their certifications of attendance directly to MCLE record and view current MCLE record anytime, saving time, money, and effort for both our members and the MCLE department. For the 2012 MCLE compliance year over 60 percent of the course attendance was certified by the members online.
Over the last reporting cycle, the board also began to study the topics of diversity and bias in the legal profession to determine if alternative approval standards are warranted and what modifications should be recommended.
The implementation of the amended MCLE Regulations began November 1, 2011. The new regulations recognize advantages of modern technology in continuing legal education while balancing the benefits of professional interaction. In so doing, the new regulations requires attorneys to attend a minimum of four credit hours via live interactive programs, which will include presentations delivered through traditional live on-site programs, live telephone or live webcast programs, and any other programs as may be developed which include real-time live interactivity with the course presenter. In connection with this change and related items, the MCLE Board had amended Opinion 16 on distance learning programs in order to provide more comprehensive information on the standards for approval of these types of CLE programs. The first full year with this new requirement went smoothly from an administrative perspective.
http://www.vsb.org/site/about/mcle-1213 1/2 8/22/2018 Virginia State Bar - I wish to welcome new members Lori Beth Galbraith of Chesapeake and Zachary Alan Kitts of Fairfax as they join in the good work of the MCLE Board. I wish to thank Helen Phillips for her contributions to the board. The MCLE staff, directed by Gale M. Cartwright, continues to work diligently to perform their many responsibilities. As my appointment to the board has come to an end, I want to personally and on behalf of the MCLE Board, thank Ms. Cartwright and the entire staff for their conscientious work and dedication in helping lawyers discharge their obligation to provide competent representation of clients. The value added by the MCLE staff is immeasurable and indescribable.
Updated: Sep 19, 2013
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Virginia ADR Joint Committee
Geetha Ravindra, chair
The Joint Alternative Dispute Resolution Committee, a joint committee of the Virginia Bar Association and the Virginia State Bar, has 263 members and its officers this year include Geetha Ravindra, chair; Jeanne F. Franklin, vice- chair; and Donita King, secretary/treasurer.
This year marks the 20th anniversary of the Dispute Resolution Proceedings statutes in Virginia. The Joint ADR Committee, whose original members played key roles in the creation of the statutes, has been instrumental to the growth of mediation and other dispute resolution programs in the commonwealth. To mark this important milestone, the Joint Committee is working on several initiatives. First, an article by Larry Hoover and Geetha Ravindra was included in the VBA Journal describing the legislative history of the dispute resolution statutes and a timeline of key events in the field of ADR in Virginia over the past twenty years. Second, past Joint Committee chairs were invited to the Council meeting on April 18, 2013, to share through video interviews their perspectives regarding initiatives of the Joint Committee. These interviews will be featured on the Joint ADR Committee website and provide a wonderful oral history of the committee’s important contributions. Third, a series of articles on the use of ADR in the private sector, in family cases, in state agencies, and in criminal matters will be included in the Fall VSB Virginia Lawyer. Fourth and perhaps most significantly, a grand celebration is planned for October 15, 2013, during national ABA Mediation Week at the University Of Richmond School Of Law. The focus of the program will be the future of ADR in Virginia. The event will include guest speaker Dwight Golann, a professor and renowned mediation author from Suffolk University in Boston. Golann’s plenary session will be followed by a luncheon, CLE sessions by Marshall Yoder and Tracie Carnie on the topics of effective questions and communication skills, and an ethics session by Frank Morrison and John Settle. The celebration will conclude with a reception at which past Joint ADR Committee chairs will be honored. The Joint ADR Committee is grateful for the support of the University Of Richmond School Of Law and its ADR Society in co-sponsoring this event.
In addition to planning the upcoming 20th Anniversary Celebration, the Joint Committee’s Continuing Education Subcommittee offered excellent CLE programs including one at both the January VBA Meeting in Williamsburg and June VSB Meeting in Virginia Beach, “Making Peace at Home for Our Veterans.” The well attended sessions presented by Merri Hanson, Mike Miller, and Lettie Flores and moderated by Kimberly Fauss were ground-breaking; they provided a comprehensive overview of the mental health issues veterans face and the effects of such conditions on how veterans’ manage their affairs and civil disputes. Innovative ideas for use of mediation as a tool of choice to help veterans, and for mediation practitioners facilitating discussions between
http://www.vsb.org/site/about/va-adr-joint-1213 1/2 8/22/2018 Virginia State Bar - veterans and other parties were discussed. Audience members were urged to volunteer for the VBA’s Veterans Pro Bono Panel.
On March 2, 2013, the Joint ADR Committee also co-sponsored a program with the Virginia Mediation Network. Speaker Sharon Strand Ellison engaged more than 120 participants from the fields of law, conflict resolution, collaborative law, and human resources with her presentation on Powerful Non-Defensive Communication. The Joint ADR Committee’s CLE programs for the coming year are being planned by a five- member sub-committee: Jeanne Franklin, John Settle, Kimberly Fauss, Frank Morrison, and Marshall Yoder.
On October 19, 2012, the Virginia ADR Joint Committee hosted a luncheon in recognition of the American Bar Association’s National Mediation Week. A panel presentation including John McCammon, Judge Marc Jacobson, and Merri Hanson was held in which the speakers discussed the growth of mediation in Virginia, its various applications, and future trends. Co-sponsoring organizations included the Virginia Mediation Network, the Central Virginia Mediation Network, the Virginia Association for Community Conflict Resolution, and the University of Richmond ADR Society.The Joint ADR Committee’s Newsletter continues to provide cutting edge articles and is published in hard copy and electronically. In January 2013, Faith Alejandro became the new Editor of the Newsletter and is doing a fantastic job following in the footsteps of her predecessor, former Joint ADR Committee Chair Sam Jackson. In addition to the Committee’s informative Newsletter, our communication with members has been enhanced by Faith’s work on the website as well as new monthly electronic ADR Advisory. The ADR Advisory is a brief update of the Joint Committee’s activities and upcoming events. With the help of the Virginia Bar Association, the new website now prominently features upcoming CLEs and provides public access to the latest newsletter. In addition, it provides greater access to our current leadership through easy-to-find contact information and committee links, as well as video clips that highlight the committee's history and achievements. Potential members can browse the streamlined website quickly and easily to learn about the committee's institutional history and the benefits of membership.
New subcommittees have been formed to support the work of the Joint ADR Committee. These include the Communications Subcommittee, the Programs Subcommittee, and Membership and Outreach Subcommittee. The work of the Joint ADR Committee would not be possible without staff support by Jeremy Dillon and Marilyn Shaw with the VBA.
Updated: Aug 01, 2013
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