VBA• • THE OFFICIAL PUBLICATION OF THENews VIRGINIA BAR ASSOCIATION • VOL. XXXIV,Journal NO. 5 • DECEMBER 2007/JANUARY 2008 118th VBA Annual Meeting Preview Inside January 17 - 20, 2008, Williamsburg Lodge and Conference Center OPTIMA HEALTH through The Virginia Bar Association’s insurance agency subsidiary Virgina Barristers Alliance, Inc. GROUP ADVANTAGES The value added benefits are available to all groups with 2-99 employees Groups in the Association program are individually underwritten Groups receive the value added benefits listed below at no additional cost to the member Annual gynecological exam and Pap test Annual mammogram and colorectal cancer screenings Routine prostate exam and PSA test Routine immunizations and well child care Reductions in specialist office visits and outpatient surgery co-payments Additional Employee Assistance Programs sessions Limited to certain geographical locations at this time. Virginia Barristers Alliance, Inc. THE INSURANCE AGENCY SUBSIDIARY OF THE VIRGINIA BAR ASSOCIATION 4880 Sadler Road, Suite 110, Glen Allen, Virginia 23060 (804) 290-8720 direct line • 1-800-358-7987 toll-free • (804) 762-4192 fax • email: [email protected] THE VIRGINIA BAR ASSOCIATION VOLUME XXXIII, ISSUE 5 VBA• • DECEMBER 2007/JANUARY 2008 701 East Franklin Street, Suite 1120 Richmond, VA 23219 (804) 644-0041 FAX (804) 644-0052 News Journal E-mail: [email protected] Web: www.vba.org 4 • President’s Page President Thoughts on the Power of Role Models Glenn C. Lewis, Washington, D.C. Glenn C. Lewis President -elect G. Michael Pace Jr., Roanoke 7 • The Virginia Bar Association Renames Award for Chair, Board of Governors Governor Gerald L. Baliles John D. Epps, Richmond Legal Focus/Civil Litigation Immediate Past President William R. Van Buren III, Norfolk 8 • E-Discovery Rules Coming to Virginia State Courts Jon M. Talotta and Michael M. Smith Law Practice Management Division Chair David H. Sump, Norfolk 11 • VBA Members in the News Young Lawyers Division Chair Matthew E. Cheek, Richmond 13 • 118th VBA Annual Meeting Schedule, Events and Young Lawyers Division Chair-elect CLE Listing E. Livingston B. Haskell, Toano Board of Governors 14 • VBA Fall Meetings and Events in Photos The Officers and Prof. Margaret I. Bacigal, Richmond Book Review Stephen D. Busch, Richmond 16 • Business and Commercial Litigation in General Courts, Hon. Rodham T. Delk Jr., Suffolk Second Edition - Robert I. Haig, Editor-in-chief C. Thomas Ebel, Richmond (Thomson/West and ABA Section of Litigation, 2005) Cheshire I. Eveleigh, Virginia Beach Hon. Robert Hurt, Chatham James C. Roberts, Robert L. Crooke and Amy G. Marino William R. Mauck Jr., Richmond Karen Turner McWilliams, Reston 18 • 2007 VBA Foundation Patrons Steven R. Minor, Bristol J. Lee E. Osborne, Roanoke 20 • Young Lawyers Division Stephen C. Price, Leesburg What I Really Want to Say: Thanks and Praise From a Richard C. Sullivan Jr., Falls Church Humbled, Outgoing YLD Chair Lucia Anna Trigiani, Tysons Corner Matthew E. Cheek Robert C. Wood III, Lynchburg Member of ABA House of Delegates 22 • Pro Bono Opportunity Spotlight: E. Tazewell Ellett, Alexandria Williamsburg Legal Clinics Legislative Counsel Hon. Anthony F. Troy, Richmond 23 • Professional Announcements Hon. Robert B. Jones Jr., Richmond Anne Leigh Kerr, Richmond 24 • VBA Membership Incentive Program Information Executive Director Guy K. Tower Assistant Executive Director On the Cover: A winter scene in Colonial Williamsburg, site of the Brenda J. Dillard 118th VBA Annual Meeting. VBA News Journal Editor Kimberly L. Kovac OUR MISSION The Virginia Bar Association is a VBA NEWS JOURNAL, the official quarterly publication of The Virginia Bar Association voluntary organization of Virginia (ISSN 1522-0974, USPS 093-110). Membership dues include the cost of one subscription lawyers committed to serving the public to each member of the Association. Subscription price to others, $30 per year. Statements and the legal profession by promoting or expressions of opinion appearing herein are those of the authors and not necessarily the highest standards of integrity, those of the Association, and likewise the publication of any advertisement is not to be professionalism, and excellence in the construed as an endorsement of the product or service unless specifically stated in the legal profession; working to improve advertisement that there is such approval or endorsement. Periodicals postage paid at the law and the administration of Richmond, VA 23232. POSTMASTER: Send address changes to The Virginia Bar Association, justice; and advancing collegial 701 East Franklin Street, Suite 1120, Richmond, VA 23219. relations among lawyers. PRESIDENT’S PAGE Thoughts on the Power of Role Models BY GLENN C. LEWIS I have long been a devout reader “ I believe we latch onto great ideas through of biographies. The trial lawyer un- illustration from, and by embracing the experi- derstands the power of telling a story through the experience of a ences of, others... As I think back over my time single person or participant. Like- on the VBA Board of Governors, I am touched by wise, I have always found history (and most everything else) comes recurring thoughts of those who have made a more richly alive through the well- told story of an important player’s difference.” life. As a corollary, I believe we latch onto great ideas through illustration from, and by embracing the experi- recently retired. Or, simply worthy experimental course geared toward ences of, others. of mention during such a “hero” teaching professionalism to law stu- This idea is as well applicable to drought. dents. the study of, or when following an I was privileged to be asked to join example set by, a hero or role model. VBA Inspirations a special group to launch this pro- No doubt: Inspiration drawn As I think back over my time on gram, going into the law schools to from a single great athletic perfor- the VBA Board of Governors, I am teach a pilot curriculum. mance might catalyze one hundred touched by recurring thoughts of In that undertaking, I had the plea- thousand youngsters to follow in those who have made a difference: sure to work with Justice Lacy. She those footsteps and in that sport. We will all forever miss those we and I were part of a team that taught From talking with many of you, I have lost in our personal lives. May the very first class in the T.C. Will- know you share my admiration of God bless the souls of so many spe- iams Law School Moot Courtroom Atticus Finch and that you too might cial people I was touched to see leave at the University of Richmond. She have found a calling in the law sim- this earth in recent years. Here and was wonderful, fairly sparkling! The ply from being introduced to him or now, however, as I leave this office kids understood she really meant it “To Kill a Mockingbird” at a young and without disrespect to the memo- when she described how thrilled she or impressionable age. ries of any others, I mention three was to be there and to be a judge in I have surely bored many of you people forever in my heart and mind: Virginia. I still hear from former stu- through the years when writing of Professor Roger Groot; Oliver Hill, dents who recall that memorable my childhood or early adulthood Jr. and Judge Robert Merhige. session. (Although non-mandatory and of this sports hero or that one Also, there are robust folks who, at 3 p.m. and on Friday before a long such as Mickey Mantle, Cal Ripken, although happily very much con- holiday weekend, several hundred Dr. King, or Bobby Kennedy. Yet, still tinuing to contribute each day, have students crammed into every nook today, I find the power of memories recently stepped down from the and cranny of that room.) from such impressions remains bench. I wish all of you a great re- I later was privileged to host the vivid. Moreover, the thought of their tirement, or more than likely, a great television show “Law Weekly” with continued power is somewhat star- second career. Justice Lacy as our only guest for the tling! Among you, I wish to specifically entire hour. She was terrific. She Regrettably, as Cal Ripken is re- mention Judge Jim Benton and Jus- spoke eloquently and passionately of placed in our daily lives by Barry tice Liz Lacy. how it felt to be a lawyer; to be a Bonds or Michael Vick; as Dr. King Both recently retired from won- judge in Virginia; on the legacy and gives way to Senator Craig and derful and rich careers as appellate the responsibility, the community of Scooter Libby, as fallen leaders leave judges in Virginia. Each touched me professionals who day in and day the public stage (or much worse, re- professionally and personally. out, make it worthwhile. main there!), as things disappoint- When Judge David Stitt (another Justice Lacy also spoke of being a ing take on critical mass, it seems fav, still sitting!) chaired the VSB role model and the first woman on right and good to turn to those Mandatory Course on Professional- the Virginia Supreme Court. She thoughts, those people, yes, those ism, I was both a faculty member for took on many tough issues, includ- role models and heroes who have the course as well as having duties ing judicial elections (as happen in made a big, positive difference in us training new judges and lawyers her former home of Texas), capital and our lives and what we do. coming on the faculty each year. punishment, the lawyers’ image, etc. I am thinking now of a few of the That year, Judge Waugh Crigler After more than 300 programs, recently departed and some merely (active fav, too!) headed up the new people still ask about that show, to 4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL DECEMBER 2007/JANUARY 2008 this day.