President’s Page .................................................... L. Lee Bean 2 The Danger of Retaining A Will: A Virginia View ........................................ J. Rodney Johnson 4 Special Use Valuation of Farm Real Property ............. Dennis I. Belcher 7 Economic Evaluation of a Housewife 12 Virginia’s Model Jury Instructions For Criminal Cases ................................... Stephen A. Saltzberg 16 From the Law Schools: A Look at Lawyer Competency ................................ William B. Spong, Jr. 23 27 THE VIRGINIA BAR ASSOCIATION OFFICERS AND EXECUTIVE COMMITTEE President Past President L. Lee Be~n .. Jesse B. Wilson, III 2045 15th Street, North 4069 Chain Bridge Road Arlington, Virginia 22201 Fairfax, Virginia 22030 President-Elect Secretary- Treasurer Hugh L. Patterson A. Ward Sims 1800.Virginia National Bank Building P. O. Box 1029 Norfolk, Virginia 23510 Charlottesville, Virginia 22902 Chairman, Young Lawyers Section Chairman-Elect, Young Lawyers Section Charles F. Midkiff Thomas C. Brown, Jr. 1200 Mutual Building P. O. Box 338 Richmond, Virginia 23219 Fairfax, Virginia 22030 Direc.tor, John Marshall Fellows Program John Ritchie School of Law University of Virginia Charlottesville, Virginia 22901 Executive Committee (Other than Ex-Officio Members) John. F. Kay, Jr., Chairman John L Walker, Jr. Lewis M. Costello P. O. Box 1122 P. O. Box 720 Box 2760 Richmond, Virginia 23208 Roanoke, Virginia .24004 Winchester, Virginia 22601 Gerald L. Baliles Thomas R. Watkins Joseph Adams Howell, Jr. P. O. Box 1640 Tower Box 60 P. O. Box 26544 Richmond, Virgifiia 23213 2101 Executive Drive Richmond, Virginia 23261 Hampton, Virginia 23666 John C. Wood George G. Grattan, IV Jackson L. Kxser P. O~ Box 369 Office .of the Legal Adviser 60 West Church Street Fairfax, Virginia 22030 Pavilion VIII, East Lawn Martinsville, Virginia 24112 University of Virginia Charlottesville, Virginia 22903 Volume VI Spring1980 Number 2 EDITORIAL BOARD Appointed Members President’s Page.. David W. Parrish, Jr. L. Lee Bean Chairman Charlottesville The Danger of Retai~aing,A ~W,ill~: Vernon M. Geddy, Jr ]: Rodne9 Johnson Williamsburg ~Spedial -Use ,Valfi~tion of Farm: Thomas C. Gordon, Jr. Richmond DbhnisJ. Bel_cher Edward S. Graves Economic Evaluation of a Housewi[e~....,;A~..:,...v.~--,..’..’,~ Lynchburg N. Fayne Edwards and Robert W. ,PhHhps E~-Officio M~mbers V~rg~ma s Model Jury Instrucuons _ L. Lee Bean ~ For Criminal Cases .......... ,;...:...:. ...... President Stephen A. Saltzburg Arlington Hugh L. Patterson From the Law_Sc-ools: . ,, "~ - - President-Elect A Look At Lawyer Competency. ;,-. ;..~..’..’. .... :~:~k ...... Norfolk William B: Spong; Jr. "" A. Ward Sims Secretary- Treasurer Bar Association ProCeedings - Charlottesville. ¯ The Winter ~"-meeting " ....... ...................... :.: ..... ~ .... Charles F. Midkiff ~nouncements ...................... .... ....... ~. ..... ~.:,.,.-,,~. ~ 32 Chairman, You.ng L, awyers Section YLS Chairman’s ,Report ............ , ..... ...; Richmond Committee Re~rts ........................ 1979 Report o[ Se~et~y-Treasurer~.’.. Editorial Staff Memorials: .......... ........ : ..... ,...: ............. Charles E. Friend Editor The Virginia Bar Association Journal is published quarterly by The Virginia Bar Association as a service to the profession. Contributions are welcome, but the Bess Castle Wendell right is reserved to select material to be published. Publication of any article or Associate Editor statement is not to be deemed an’endorsement of the views expressed thereinby Douglas R. Maxwell the Association. The office of publication is located at 3849 W. Weyburn Road,. Richmend, Virginia 23235. Editor, Young Lawyers Contributions Membership dues include the cost of one subscription to each member of’ the Association. Subscription price to others, $8.00 per year; single copies $2.50. Second-class postage paid at University of Richmond, Virgirfia 23173. (ISSN 03fi0-3857) (USPS 093-110) resldent 5 Page L. LEE BEAN THE famed French philosopher, Alexis de Tocque- organized efforts of the local bar associations and the ville, stated in October 1889#: "If I were asked where I integrated Bar, have cooperated vigorously by sup- place the American aristocracy, I should reply, without porting programs which have led to an update of the hesitation, that it is not composed ~of the rich, who are model Code of Professional Responsibility--to be united together by no common tie, but t.hat it occupies known as the Rules of Professional Conduct--released the.judicial bench and bar." Honored to become the by the so-called Kutak Committe~ of the ABA on President of our Association on January 12, 1980, at January 30, 1980, public defender "and legal aid Wi.lliamsburg, I was the more reminded of this programs, group and prepaid legal service plans, observation .by de Tocqueville by the atmosphere of continuing legal, education, adequate judicial com- public distrust of attorneys which has been engendered pensation, j udicial selection commissions stressing la~, in large part as fallout from the comparatively recent membership public information programs, institu- rise in consumerism. tional advertising, pro bono, fee dispute commissions, I feel it is time for attorneys to go on the attack--to be clients’ Security funds and malpractice insurance. positive’ in "upholding an~d elevating the standard of Moreover, on December 27, 1979, the justice System honor, integrity and courtesy in the legal profession" Improvement Act of 1979 (LEAA reauthorization which phrase is part of the stated purpose of our legislation) became law. Amendments to that legisla- Association. We have been invblved in a somewhat tion all.ow our Association to become a more active agonizing re-appraisal of our profession. Self-exami- participant in advisory councils created by the Act and natibn and criticism are healthy as long as paranoia to take advantage of funding available under the does not develop. Positively speaking, therefore, let us legislation. look at the record. Returning for a moment to the proposed Rules of Attorneys in Virginia, with particular reference to Professional Conduct, hearings are scheduled for. our Association, but with due deference to other Atlanta on March 3. San Francisco on April 7 and New York City on May 5. Copies of the proposed Rules may be obtained by writing to the National Center for Professional Responsibility, 77 South Wacker Drive, Sixth Floor, Chicago, Illinois 60606. I urge each of you to obtain a copy of the proposed Rules, to study them and to make your suggestions known to the American Bar Association. A number of the provisions are controversial, such as mandatory pro bono, the stand- ards established for the client-attorney relationship where the client is a business organization and circum- stances in which the dictates of professional responsi- bility might compel disclosure in spite of the confidentiality of the attorney-client relationship. It is anticipated that the final draft of the proposed Rules will be submitted to the House of Delegates at the February, 1981, meeting of the ABA. Through our Association’s committee system-- which has been significantly strengthened by the thorough and inspiring work of now retired Director of Committee Activities Jack Ritchie--your Association will, I am confident, continue to make its voice heard in "cultivating and advancing the science of jurispru- dence, promoting reform in the law and in judicial Lorenzo Lee l~ean, Jr. attended Hampden-Sydney procedure" and "facilitating the administration of College and was graduated from the University of justice in this State," as our Association’s purpose Virginia Law School in 1941. clause states in part. Credit also goes to the Virginia Mr. Bean is presently a partner in the firm of Lawyers’ Wives and their local associations, who fund Bean, Kinney, Korman & Hylton, of Arlington, where he has been in the private practice of law for scholarships and who further programs of education, over thirty-two years. Mr. Bean is a member of the social welfare and philanthropy in support of the aims Phi Alpha Delta legal fraternity and the Omicron and purposes of the legal profession. Delta Kappa leadership fraternity. He is also an We deeply appreciate the dedicated work of our author and lecturer at law. interim Director of Committee Activities, A. Ward Mr. Bean was a founder and legal adviser to the national Orthopaedic Hospital for 20 years, a Sims, and Jack Ritchie’s direction of the outstanding founder and twice Chairman of the Northern Marshall Fellows program, in which law students from Virginia Advisory Board of the American Automo- our Virginia law schools assist in the legal research bile Association, former member and Chairman of needed by our committees. the Arlington County School Board, former mem- With the most able assistance of our President-Elect, ber of the Radford University Board of Visitors and co-founder and legal adviser of the Board of Hugh L. Patterson, who will be in charge of our CLE Missions and Church Extension of the Methodist programs at The Homestead in July and at Williams- Church, of which Church he is a former Lay burg next January, the members of our Executive Preacher. He is presently Chairman of the Advisory Committee under the leadership of Chairman John F. Board of the Washington-Lee Savings and Loan Kay, Jr., and our Past President, Jesse L. Wilson, whose Association. administration during the past year was an inspiration Mr. Bean is a member and former President