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Virginia Lawyervol Virginia LawyerVOL. 70/NO. 1 • June 2021 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar The TRuSTS & Estates ISSue Featuring: Virginia Creditor Protections The Corporate Transparency Act An Epidemic of Elder Abuse Cryptocurrency and Estate Planning Meet Vera. The ALPS Virtual Ethics Risk Assessment, more aectionately known as Vera, was created to serve as your guide to quickly and eectively help you understand where you fall in terms of risk management within your firm. Take 20 minutes to get your free risk assessment today. alpsinsurance.com/vera Virginia Lawyer The Official Publication of the Virginia State Bar June 2021 Volume 70/Number 1 Features Noteworthy TRUSTS & ESTATES ISSUE VSB NEWS 13 The Trusts and Estates Issue 31 VLRS Increases Revenues for Lawyers While Helping Virginians 14 The Corporate Transparency Act: 32 Highlights of the April 21 VSB What Practitioners Need to Know Council Meeting by Brooke C. Tansill 32 Winners Announced in Bar Council Elections 17 Crypto is Coming to an Estate Plan Near You: How to Be Ready 33 In Memoriam by Alexander W. Mejias and 34 VSB Conferences and Seminars Jennifer Lee Schooley Carrying on Virtually 20 Creditor Protection for Parties to a 35 Dues Statements Mailed: Trust in Virginia Deadlines Back to Normal by Stephen M. Watson Departments 22 An Epidemic of Elder Abuse: June 15 is World Elder Abuse Awareness Day 6 Forum by Sheryl Herndon 6 Jest is for All 50 Professional Notices 52 Classified Ads WELLNESS 53 Advertiser’s Index 27 Mental Health Courts During the COVID-19 Pandemic by the Hon. Joseph A. Migliozzi Jr. and Casey A. Coleman Columns 8 President’s Message 10 Executive Director’s Message VIRGINIA LAWYER REGISTER 12 Bar Counsel’s Message 41 Disciplinary Summaries 36 Law Libraries 42 Disciplinary Proceedings 37 Technology and the Future Practice of Law 43 Notices to Lawyers: A roundup of news and rule amendments. 38 2019-20 Pro Bono Contributions 44 Clients’ Protection Fund authorizes $134,080.85 in reimbursements by Virginia Lawyers to clients. Correction. 39 Access to Legal Services 40 Risk Management 54 The Last Word About the cover: The Brady Bunch inspired cover features the members of the Trusts and Estates Section Board of Governors pictured (top to bottom, left to right): Carter R. Brothers, chair, Spilman Thomas & Battle, PLLC; Vanessa A.M. Stillman, secretary, Midgett Preti Olansen, PC; Jennifer L. Schooley, immediate past chair, Schooley Law Firm; Tracy W. Banks, Virginia CLE Liaison, Seminar Attorney; Scott J. Golightly, Golightly Mulligan & Morgan, PLC; Cary Z. Cucinelli, Cucinelli Geiger, PC; Peter H. Davies, Davies & Davies; Mark V. Pascucci, Wolcott Rivers Gates; Brooke C. Tansill, assistant newsletter editor, Frederick J. Tansill & Associates, LLC; Richard H. Howard-Smith, Flora Pettit PC; Kevin L. Stemple, newsletter editor, Yates Campbell & Hoeg LLP; Rachel E. Radspinner, Trusted Legacy Counsel, P.C.; Trey T. Parker, vice chair, Carrell Blanton Ferris & Associates. Special thanks to Trusts and Estates Section VSB Liaison Dolly C. Shaffner (right) for assisting with the issue. Cover art by D. Kaylin Bowen. Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2020–21 OFFICERS 15th Circuit Brian L. Buniva, President Allen F. Bareford, Fredericksburg Jay B. Myerson, President-elect Marni E. Byrum, Immediate Past President 16th Circuit www.vsb.org Karen A. Gould, Executive Director and R. Lee Livingston, Charlottesville Chief Operating Officer Palma E. Pustilnik, Charlottesville Editor: EXECUTIVE COMMITTEE 17th Circuit Deirdre Norman Brian L. Buniva, President Adam D. Elfenbein, Arlington ([email protected]) Jay B. Myerson, President-elect Jennifer S. Golden, Arlington Marni E. Byrum, Immediate Past President Gregory T. Hunter, Arlington Creative Director: Eugene M. Elliott, Roanoke Joshua D. Katcher, Arlington Caryn B. Persinger Stephanie E. Grana, Richmond William H. Miller, Arlington ([email protected]) Chidi I. James, Fairfax 18th Circuit Eva N. Juncker, Falls Church Barbara S. Anderson, Alexandria Assistant Editor: William M. Moffet, Abingdon Stacey R. Harris, Alexandria Kaylin Bowen Eric M. Page, Richmond John K. Zwerling, Alexandria ([email protected]) CONFERENCE CHAIRS AND PRESIDENT 19th Circuit Conference of Local and Specialty Bar Advertising: Susan M. Butler, Fairfax Associations – Susan N. G. Rager, Coles Point Brian C. Drummond, Fairfax Deirdre Norman Diversity – Sheila M. Costin, Alexandria ([email protected]) David J. Gogal, Fairfax Senior Lawyers – Margaret A. Nelson, Sandra L. Havrilak, Fairfax Lynchburg Chidi I. James, Fairfax Young Lawyers – Melissa Y. York, Richmond Douglas R. Kay, Tysons Corner VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) COUNCIL Daniel B. Krisky, Vienna is published six times a year by the Virginia State Bar, Christie A. Leary, Fairfax 1st Circuit David L. Marks, Fairfax 1111 East Main Street, Suite 700, Richmond, Virginia Damian J. (D.J.) Hansen, Chesapeake Nathan J. Olson, Fairfax 23219-0026; Telephone: (804) 775-0500. Subscription 2nd Circuit Luis A. Perez, Falls Church Rates: $18.00 per year for non-members. This material Ryan G. Ferguson, Virginia Beach Susan M. Pesner, Tysons is presented with the understanding that the publisher Jeffrey B. Sodoma, Virginia Beach Wayne G. Travell, Tysons Michael M. York, Reston and the authors do not render any legal, accounting, Bretta Z. Lewis, Virginia Beach or other professional service. It is intended for use by 3rd Circuit 20th Circuit Meredith B. Travers, Portsmouth R. Penn Bain, Leesburg attorneys licensed to practice law in Virginia. Because of Susan F. Pierce, Warrenton the rapidly changing nature of the law, information 4th Circuit 21st Circuit contained in this publication may become outdated. As Ann B. Brogan, Norfolk Gary A. Bryant, Norfolk G. Andy Hall, Martinsville a result, an attorney using this material must always Neil S. Lowenstein, Norfolk research original sources of authority and update 22nd Circuit 5th Circuit Eric H. Ferguson, Rocky Mount information to ensure accuracy when dealing with Thomas G. Shaia, Suffolk a specific client’s legal matters. In no event will the 23rd Circuit 6th Circuit Eugene M. Elliott Jr., Roanoke authors, the reviewers, or the publisher be liable for Vacancy K. Brett Marston, Roanoke any direct, indirect, or consequential damages resulting 7th Circuit 24th Circuit from the use of this material. The views expressed herein Benjamin M. Mason, Newport News Eugene N. Butler, Lynchburg are not necessarily those of the Virginia State Bar. The 8th Circuit 25th Circuit inclusion of an advertisement herein does not include Marqueta N. Tyson, Hampton William T. Wilson, Covington an endorsement by the Virginia State Bar of the goods 9th Circuit or services of the advertiser, unless explicitly stated 26th Circuit Susan B. Tarley, Williamsburg Nancy M. Reed, Luray otherwise. Periodical postage paid at Richmond, 10th Circuit Virginia, and other offices. 27th Circuit E. M. Wright Jr., Buckingham R. Cord Hall, Christiansburg 11th Circuit 28th Circuit Shaun R. Huband, Petersburg William M. Moffet, Abingdon POSTMASTER: 12th Circuit Send address changes to 29th Circuit P. George Eliades II, Chester D. Greg Baker, Clintwood VIRGINIA LAWYER MEMBERSHIP DEPARTMENT 13th Circuit 30th Circuit Dabney J. Carr IV, Richmond Greg D. Edwards, Jonesville 1111 E MAIN ST STE 700 Leah A. Darron, Richmond RICHMOND VA 23219-0026 Eric M. Page, Richmond 31st Circuit Cullen D. Seltzer, Richmond Maryse C. Allen, Prince William Susheela Varky, Richmond Neil S. Talegaonkar, Richmond MEMBERS AT LARGE Denise W. Bland, Eastville Henry I. Willett III, Richmond Eva N. Juncker, Falls Church Lenard T. Myers, Jr., Norfolk 14th Circuit Molly E. Newton, Newport News Craig B. Davis, Richmond Virginia State Bar Staff Directory Lonnie D. Nunley, III, Richmond Stephanie E. Grana, Richmond Patricia E. Smith, Abingdon Frequently requested bar contact Marissa D. Mitchell, Henrico Joanna L. Suyes, Richmond information is available online at Nicole E. Upshur, Virginia Beach www.vsb.org/site/about/bar-staff. Lisa A. Wilson, Arlington 4 VIRGINIA LAWYER | JUNE 2021 | VOL. 70 www.vsb.org VIRGINIA STATE BAR MEMBERS’ INSURANCE CENTER ONEDIGITAL an affiliate of OneDigital endorsed by the Virginia State Bar We are employee benefits specialists dedicated to the needs of Virginia law firms. Simplifying the Employee Benefits Experience Four Ways We Help You Win 1. Group Health Insurance 2. Individual Health Insurance 3. Term Life Insurance 4. Disability Insurance Contact Bob Spicknall to learn more. 877.214.5239 | [email protected] | www.vsbmic.com Forum Corrections Due to an editing error in the April issue of Virginia Lawyer, the endnotes for David Hilton Wise and John Joseph Drudi’s article, “Defective Construction Causing Personal Injuries: The Supreme Court of Virginia Declines to Adopt the ‘Modern Letters View,’” were omitted. They have been added to the digital edition at https://bit.ly/0421p34 and may be found on page 45 of this issue. We regret the error. Send your letter to the editor to: We inadvertently misspelled the last name of Daniel R. Miktus of Akerman LLP in [email protected] or Washington, D.C. in our April issue. We apologize for the error. Virginia State Bar Virginia Lawyer Magazine 1111 E Main St., Suite 700 Richmond, VA 23219-0026 Letters published in Virginia Lawyer may be edited for length and clarity and are subject to guidelines available at www.vsb.org/site/publications/valawyer/. Jest Is For All by Arnie Glick 6 VIRGINIA LAWYER | JUNE 2021 | VOL. 70 www.vsb.org We like word searches, but G C V H L B R N A L GAVEL searching for your current address isn’t a game we want to play. F N T I A U L L S A JUDGE I J E O W C I U B E LAW Please make sure you are getting our AD HOC monthly VSB News and annual compliance L N U K N A O T J P messages by adding [email protected], CASE [email protected], and [email protected] E W D D B O C U A P PRO BONO to your email contacts.
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