Virginia LawyerVOL. 67/NO. 1 • June 2018 VIRGINIA LAWYER REGISTER The Official Publication of the Virginia State Bar 2018–19 VSB President Leonard C. Heath Jr. Cheers to 80 Years! A Look Back — with Thanks to the Lawyers of the VSB A Letter from the Honorable Donald W. Lemons Law School Round Up The Felony Reduction Clause Virginia Lawyer The Official Publication of the Virginia State Bar June 2018 Volume 67/Number 1 Features Noteworthy 2018–19 VSB PRESIDENT VSB NEWS 12 Leonard C. Heath Jr. and the View from the Roof 44 Highlights of the June 14, 2018, by Deirdre Norman Virginia State Bar Council Meeting 45 Marni E. Byrum is President-elect 45 What’s Different on Your Dues Statement this Year? 46 In Memoriam 47 After 29 Years of ‘Growing Where VIRGINIA STATE BAR 80TH ANNIVERSARY she was Planted,’ Gale Cartwright Uproots from the Bar 32 80 Years of the Virginia State Bar 48 New Council Members and 33 VLRS: We Are Looking for the Next C. Butler Barrett Conference Leadership by Deirdre Norman 49 Annual Indigent Criminal Defense 34 What’s Your Favorite Bar? It’s Usually the Local One Seminar Draws Capacity Crowd by Deirdre Norman 49 Past Presidents’ Dinner 35 Let’s Talk About the Elephant in the Room 50 TECHSHOW by Deirdre Norman 51 Admissions & Orientation 36 A look back: milestones that changed the practice of Ceremony law in Virginia during the VSB’s first eighty years 51 UVA Law Sweeps Health Law Writing Competition 38 Virginia Leads Nation in FreeLegalAnswers.org Responses 52 VSB Honors Attorneys 54 Conference of Local and Specialty Bar Associations GENERAL INTEREST 20 The Sobering Findings of the Virginia Self-Represented Litigants Study Access to Legal Services by John E. Whitfield 42 From the CIA to Pro Bono 24 Is It Ethical for Lawyers to Accept Bitcoins and Other Cryptocurrencies? Phenom, Brian Fannin Gives Back by James M. McCauley, Esq., Sharon D. Nelson, Esq. and John W. Simek by Jackie Kruszewski 26 The General District Court’s Felony Reduction Clause by Bryan M. Cave Departments 40 A Letter from the Honorable Donald W. Lemons 6 Forum 58 CLE Calendar 63 Professional Notices VIRGINIA LAWYER REGISTER 64 Virginia Law School Round-up 65 Classified Ads 60 Disciplinary Summaries 61 Lower Health Insurance Rates for 65 Advertiser’s Index Solo Practitioners 61 Disciplinary Proceedings 66 80th Annual Meeting Highlights 61 Notices to Members: 62 Nominations Sought for Two Pro 61 Petition for Reinstatement Bono Awards Columns 61 Proposed Rule Changes Pending 62 Dues Statements Mailed Approval by Supreme Court of 63 Nominations Sought for Board and 14 President’s Message Virginia Committee Vacancies 16 Executive Director’s Message 61 Supreme Court and the Court 62 Clients’ Protection Fund Board of Appeals Announce Two-year Awards $19,440.00 to Former Clients 18 Legal Aid Mediation Pilot Project 56 Future of Law Practice Cover: 2018–19 Virginia State Bar President Leonard C. Heath Jr. photographed in front of the Governor’s Palace in Colonial Williamsburg. Left to right: Kyle, Len, Kim, Caitlin, and Jordan Heath with Remington (“Remi”), the Heaths’ six-month-old Rhodesian Ridgeback puppy. Photograph by John B. Warters. Photo Reflections Inc. www.photoreflections.com Virginia Lawyer Virginia State Bar The Official Publication of the Virginia State Bar 2018–19 OFFICERS 15th Circuit Leonard C. Heath Jr., President Jennifer L. Parrish, Fredericksburg www.vsb.org Marni E. Byrum, President-elect Doris Henderson Causey, Immediate Past 16th Circuit R. Lee Livingston, Charlottesville Editor: President Palma E. Pustilnik, Charlottesville Deirdre Norman Karen A. Gould, Executive Director and Chief ([email protected]) Operating Officer 17th Circuit EXECUTIVE COMMITTEE John H. Crouch, Arlington Creative Director: Leonard C. Heath Jr., President Adam D. Elfenbein, Arlington Caryn B. Persinger Marni E. Byrum, President-elect Jennifer S. Golden, Arlington ([email protected]) Doris Henderson Causey, Immediate Past Gregory T. Hunter, Arlington President William H. Miller, Arlington Assistant Editor: Brian L. Buniva, Richmond 18th Circuit Jackie Kruszewski Joseph M. Bowen, Tazewell Barbara S. Anderson, Alexandria ([email protected]) Eugene M. Elliott, Roanoke Stacey Rose Harris, Alexandria William E. Glover, Fredericksburg John K. Zwerling, Alexandria Advertising: LLM Publications Beverly P. Leatherbury, Eastville Ben Oerther Jay B. Myerson, Reston 19th Circuit ([email protected]) Brian C. Drummond, Fairfax CONFERENCE CHAIRS AND PRESIDENT David J. Gogal, Fairfax Conference of Local and Specialty Bar Richard A. Gray, Tysons Corner Associations – Charles M. Lollar Chidi I. James, Fairfax VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) Diversity Conference – Luis A. Perez Douglas R. Kay, Tysons Corner is published six times a year by the Virginia State Bar, Senior Lawyers Conference – Carrollyn C. Cox Daniel B. Krisky, Fairfax Young Lawyers Conference – Brian T. Wesley 1111 East Main Street, Suite 700, Richmond, Virginia David L. Marks, Fairfax Gary H. Moliken, Fairfax COUNCIL 23219-0026; Telephone: (804) 775-0500. Subscription Jay B. Myerson, Reston Rates: $18.00 per year for non-members. This material 1st Circuit Nathan J. Olson, Fairfax is presented with the understanding that the publisher Andrew D. Kubovcik, Chesapeake Dennis J. Quinn, Tysons Wayne G. Travell, Tysons and the authors do not render any legal, accounting, 2nd Circuit Edward L. Weiner, Fairfax or other professional service. It is intended for use by Ryan G. Ferguson, Virginia Beach Michael M. York, Reston attorneys licensed to practice law in Virginia. Because of Steven G. Owen, Virginia Beach Daniel M. Schieble, Virginia Beach 20th Circuit the rapidly changing nature of the law, information Christine H. Mougin-Boal, Leesburg contained in this publication may become outdated. As 3rd Circuit Susan F. Pierce, Warrenton Nicholas D. 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Kiely, Richmond Nancy C. Dickenson, Abindgon Sushella Varky, Richmond Afshin Farashahi, Virginia Beach J. Tracy Walker IV, Richmond William E. Glover, Fredericksburg Henry I. Willett III, Richmond Eva N. Juncker, Falls Church Virginia State Bar Staff Directory Beverly P. Leatherbury, Eastville Frequently requested bar contact 14th Circuit B. Alan McGraw, Tazewell Craig B. Davis, Richmond Lenard T. Myers Jr., Norfolk information is available online at Stephanie E. Grana, Richmond A Benjamin Spencer, Charlottesville www.vsb.org/site/about/bar-staff. Marissa D. Mitchell, Henrico vacancy 4 VIRGINIA LAWYER | June 2018 | Vol. 67 www.vsb.org Forum Dear President Causey: Sincere regards, intoxication, which can cause vehicle accidents with injury and/or death. I just wanted to tell you how much I J. Roger Detweiler More specifically, and as an adult parent appreciate the thoughtful invitation to Bend, OR and grandparent, it is clear that young attend the 80th Annual Meeting, extend- individuals can be persuaded by friends ed to those of us who have completed Marijuana Legalization: to utilize marijuana for so called “joyful 50 years of membership in the Virginia Different Viewpoints purposes.” This type of action can result State Bar. Although I’m living out West in young people undertaking actions these days and won’t be attending, I This communication is a response which ultimately may become regretta- know those of us who will be there will to Zach Mauldin’s article, “Opinion: ble. In addition, legalization of marijua- be grateful for the recognition received. General Assembly Makes Welcome na invites potential illegal sale of said I’m particularly honored by an invi- Gains on Marijuana Laws,” appearing in substance to underage juveniles. Again, tation from a legal aid colleague, having the April edition of the Virginia Lawyer. this is not in the interest