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VBA. News Journal THE OFFICIAL PUBLICATION OF THE VIRGINIA BAR ASSOCIATION • VOL. XXXVI, No. 4 • WINTER 2009/2010 Social Networking and the Workforce: Blurring the Line Between Public and Private Spheres Also Inside: Inspiring Work by Two Inspiring Groups Writer’s Block The Development & Death of Federal Common Law in Divorce Fall Meetings and Events Photos Another View of The Great Moonshine Conspiracy Trial of 1935 120th VBA Annual Meeting Preview Inside! YLD: A Year in Review January 21-24, Williamsburg Lodge and Conference Center Life’s got challenges. Let us help you find the answers. We’re up to the challenge. We’re Virginia Barristers Alliance, Inc. Let’s talk. To start the conversation, please complete this form and fax it to us at (804) 762-4192 or (800) 947-2796 Without obligation, I would like to receive more information about products and services available to members of The Virginia Bar Association. Here’s how you can reach me: Name: ___________________________________________________________ Address: _____________________________________________________________ ___________________________________________________________ ___________________________________________________________ E-mail: ___________________________________________________________ Phone Number: (___) _____________________ I would like to know more about the following topics (Check all that apply): ____ How can Disability Income Insurance replace my income if I could not work for an extended period of time? ____ How can I obtain Term Life Insurance to help protect my family in the event of my untimely death? ____ Why should I consider Permanent Life Insurance as part of my family’s financial future or succession planning? ____ Why should I consider Long-term Care Insurance as a strategic part of any retirement strategy? ____ Have I maximized my options in savings for retirement? ____ How can I accumulate supplemental retirement income and protect wealth on a tax- deferred basis through use of Tax Deferred Annuities*? ____ Would a Tax-advantaged College Savings Plan (529) be a useful tool to accumulate assets for my children’s education? * Distributions (and certain deemed distributions) may be subject to ordinary income tax and, if taken prior to age 59 1/2, may also be subject to a 10% federal income tax penalty. Early surrender charges may also apply. Virginia Barristers Alliance, Inc. The Insurance Agency Subsidiary of The Virginia Bar Association Dean Hardy and Howard DiSavino, Jr. 4880 Sadler Road, Suite 110, Glen Allen, Virginia 23060 (804) 290-8720 direct line • 1-800-358-7987 toll-free • (804) 762-4192 fax e-mail: hdisavino@finsvcs.com THE VIRGINIA BAR ASSOCIATION VOLUME XXXVI, ISSUE 4 VBA. WINTER 2009/2010 The Virginia Bar Association VBA 701 East Franklin Street, Suite 1120 Richmond, VA 23219 News Journal (804) 644-0041 FAX: (804) 644-0052 E-mail: [email protected] 4•President’s Page Web: www.vba.org Inspiring Work by Two Inspiring Groups President John D. Epps John D. Epps, Richmond President-elect 6•Writer’s Block Stephen D. Busch, Richmond Never Too Late to Go Home Again Chair, Board of Governors Lucia Anna “Pia” Trigiani, Alexandria David H. Spratt Immediate Past President 7 • Virginia Celebrates First Lawyer Professionalism Day G. Michael Pace, Jr., Roanoke Lisa M. Sharp and Stephen W. Murphy Law Practice Management Division Chair Robert D. Seabolt, Richmond 8 • Social Networking and the Workforce: Young Lawyers Division Chair Blurring the Line Between Public and Private Spheres Turner A. Broughton, Richmond Erin L. Gouckenour Young Lawyers Division Chair-elect Henry I. Willett, III, Richmond 12 • The Development & Death of Federal Common Law in Board of Governors The Officers and Divorce Thomas R. Bagby, Roanoke Leslie A. Shaner Attison L. Barnes, III, Washington, D.C. Hon. Rudolph Bumgardner, III, Staunton Hon. Rodham T. Delk, Jr., Suffolk 14 • VBA Fall Meetings and Events in Pictures C. Thomas Ebel, Richmond Hugh M. Fain, Richmond 17 • Classifieds/Calendar of Events Jeffrey H. Gray, Virginia Beach Michael C. Guanzon, Danville Susan M. Hicks, Fairfax 18 • Another View of The Great Moonshine Conspiracy of 1935 Hon. Robert Hurt, Chatham William B. Hopkins Maureen R. Matsen, Richmond William R. Mauck, Jr., Richmond Dean Rodney A. Smolla, Lexington 22 • 120th Annual Meeting of The Virginia Bar Association Robert C. Wood, III, Lynchburg Preview Member of ABA House of Delegates E. Tazewell Ellett, Alexandria 24 • YLD: A Year in Review Legislative Counsel Turner A. Broughton Hon. Robert B. Jones, Jr., Richmond Anne Leigh Kerr, Richmond 26 • VBA Member Spotlight Executive Director Guy K. Tower 27 • VBA Membership Application Assistant Executive Director Brenda Dillard VBA News Journal Editor Kimberly L. Kovac Our Mission The Virginia Bar Association is a vol- VBA News Journal, the official publication of The Virginia Bar Association (ISSN untary organization of Virginia 1522-0974, USPS 093-110), is published four times per year. Membership dues lawyers committed to serving the include the cost of one subscription to each member of the Association. public and the legal profession by Subscription price to others, $30 per year. Statements or expressions of opinions promoting the highest standards of appearing herein are those of the authors and not necessarily those of the integrity, professionalism, and excel- Association, and likewise, the publication of any advertisement is not to be con- lence in the legal profession; working strued as an endorsement of the product of service unless specifically stated in the to improve the law and the adminis- advertisement that there is such approval or endorsement. Periodicals postage paid tration of justice; and advancing col- at Richmond, VA 23232. POSTMASTER: Send address changes to The Virginia Bar legial relations among lawyers. Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219. PRESIDENT’S PAGE Inspiring Work by Two Inspiring Groups JOHN D. EPPS I would like to discuss in these para- When you think of The Virginia Bar graphs some truly inspiring work being Association, I hope you think of our done by two groups of dedicated VBA mission of service to the profession, to volunteers who are working on behalf of the judicial system and to the public. You might think of the promulgation a constituency you might not always of the Principles of Professionalism for associate with the VBA—Virginia's fami- Virginia Lawyers, the response to the lies. Those two groups are the VBA call of the Chief Justice to increase legal services to underserved Commission on the Needs of Children Virginians by creating a pro bono task and the Virginia Family Law Coalition. force, or the implementation of the Rule of Law Project in schools across the Commonwealth. These programs ther than be intimidated by the idea of -need to be made less restrictive; have accomplished and are accom- succeeding a legend, Margaret has • the special legal and other needs of plishing a great deal and have brought vision and energy to the autistic and other special needs chil- received significant attention and Commission's work. I am delighted dren; recognition—rightfully so. But one of to report to you that the Commission the most enjoyable aspects of being is not only still active, but thriving. Its • legal issues related to the problem the president of this Association is 18 members include academics, of truancy and high school dropouts; being in a position to learn how much judges, physicians, private practice and else is being done, how many of our lawyers, legal aid lawyers, prosecu- • juveniles' rights in school discipli- members are actively engaged in tors and children’s rights advocates. nary proceedings. important and inspiring projects, At the Commission's first meeting many of which receive little outside under Margaret’s leadership earlier And this is just the beginning! Of attention. this year, the members articulated the all of the wonderful things which our group's mission as follows: members have accomplished this I would like to discuss in these year, none is more exciting than the paragraphs some truly inspiring work To improve the lives of children through work being tackled by this being done by two groups of dedicat- advances in law, justice, knowledge, prac- Commission, and none will have a ed VBA volunteers who are working tice and public policy. greater impact on the lives of children on behalf of a constituency you might The minutes of that meeting go on to and families in Virginia. not always associate with the VBA— say: Virginia's families. Those two groups The Virginia Family Law Coalition are the VBA Commission on the In furtherance of this mission, the In 1996, the VBA, under the leader- Needs of Children and the Virginia Commission plans to concentrate its ship of then Domestic Relations Family Law Coalition. activities on promoting legislation that Section Chair, (now Judge) Winship serves the interests of children, encourag- Tower, organized the VBA Coalition The VBA Commission on the Needs ing or undertaking needed studies on of Children on Family Law Legislation. The goal issues relating to children and their fami- was to bring together statewide and The VBA Commission on the Needs lies, fostering collaboration among agen- local bar associations to evaluate and of Children was the creation of the late cies and groups, working on behalf of chil- advocate for or against family law leg- Professor Robert Shepherd, a tireless dren and families and promoting educa- islation in the Virginia General