VBA News Journal

THE OFFICIAL PUBLICATION OF THE VIRGINIA BAR ASSOCIATION VOL. XXXIV, NO. 5 DECEMBER 2007/JANUARY 2008

e r sidCente n w I rence vieonfe e Pr nd C g a tin odge ee rg L M al msbu u nn , Willia A BA , 2008 V th 7 - 20 118 ary 1
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701 East Franklin Street, Suite 1120 Richmond, VA 23219 (804) 644-0041 FAX (804) 644-0052 E-mail: thevba@vba.org Web: www.vba.org President Glenn C. Lewis, Washington, D.C. President -elect G. Michael Pace Jr., Roanoke Chair, Board of Governors John D. Epps, Richmond Immediate Past President William R. Van Buren III, Norfolk Law Practice Management Division Chair David H. Sump, Norfolk Young Lawyers Division Chair Matthew E. Cheek, Richmond Young Lawyers Division Chair-elect E. Livingston B. Haskell, Toano Board of Governors The Officers and Prof. Margaret I. Bacigal, Richmond Stephen D. Busch, Richmond Hon. Rodham T. Delk Jr., Suffolk C. Thomas Ebel, Richmond Cheshire I. Eveleigh, Virginia Beach Hon. Robert Hurt, Chatham William R. Mauck Jr., Richmond Karen Turner McWilliams, Reston Steven R. Minor, Bristol J. Lee E. Osborne, Roanoke Stephen C. Price, Leesburg Richard C. Sullivan Jr., Falls Church Lucia Anna Trigiani, Tysons Corner Robert C. Wood III, Lynchburg Member of ABA House of Delegates E. Tazewell Ellett, Alexandria Legislative Counsel Hon. Anthony F. Troy, Richmond Hon. Robert B. Jones Jr., Richmond Anne Leigh Kerr, Richmond Executive Director Guy K. Tower Assistant Executive Director Brenda J. Dillard VBA News Journal Editor Kimberly L. Kovac OUR MISSION The Virginia Bar Association is a voluntary organization of Virginia lawyers committed to serving the public and the legal profession by promoting the highest standards of integrity, professionalism, and excellence in the legal profession; working to improve the law and the administration of justice; and advancing collegial relations among lawyers.

VBA News Journal

THE VIRGINIA BAR ASSOCIATION VOLUME XXXIII, ISSUE 5 DECEMBER 2007/JANUARY 2008

Presidents Page Thoughts on the Power of Role Models Glenn C. Lewis The Virginia Bar Association Renames Award for Governor Gerald L. Baliles E-Discovery Rules Coming to Virginia State Courts Jon M. Talotta and Michael M. Smith VBA Members in the News 118th VBA Annual Meeting Schedule, Events and CLE Listing VBA Fall Meetings and Events in Photos Business and Commercial Litigation in General Courts, Second Edition - Robert I. Haig, Editor-in-chief (Thomson/West and ABA Section of Litigation, 2005) James C. Roberts, Robert L. Crooke and Amy G. Marino Young Lawyers Division What I Really Want to Say: Thanks and Praise From a Humbled, Outgoing YLD Chair Matthew E. Cheek Pro Bono Opportunity Spotlight: Williamsburg Legal Clinics Professional Announcements VBA Membership Incentive Program Information

Legal Focus/Civil Litigation

8 11 13 14 16

Book Review

18 20

2007 VBA Foundation Patrons

22 23 24

On the Cover: A winter scene in Colonial Williamsburg, site of the 118th VBA Annual Meeting.

VBA NEWS JOURNAL, the official quarterly publication of The Virginia Bar Association (ISSN 1522-0974, USPS 093-110). Membership dues include the cost of one subscription to each member of the Association. Subscription price to others, $30 per year. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service unless specifically stated in the advertisement that there is such approval or endorsement. Periodicals postage paid at Richmond, VA 23232. POSTMASTER: Send address changes to The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219.

PRESIDENTS PAGE

Thoughts on the Power of Role Models

BY GLENN C. LEWIS
I have long been a devout reader of biographies. The trial lawyer understands the power of telling a story through the experience of a single person or participant. Likewise, I have always found history (and most everything else) comes more richly alive through the welltold story of an important players life. As a corollary, I believe we latch onto great ideas through illustration from, and by embracing the experiences of, others. This idea is as well applicable to the study of, or when following an example set by, a hero or role model. No doubt: Inspiration drawn from a single great athletic performance might catalyze one hundred thousand youngsters to follow in those footsteps and in that sport. From talking with many of you, I know you share my admiration of Atticus Finch and that you too might have found a calling in the law simply from being introduced to him or To Kill a Mockingbird at a young or impressionable age. I have surely bored many of you through the years when writing of my childhood or early adulthood and of this sports hero or that one such as Mickey Mantle, Cal Ripken, Dr. King, or Bobby Kennedy. Yet, still today, I find the power of memories from such impressions remains vivid. Moreover, the thought of their continued power is somewhat startling! Regrettably, as Cal Ripken is replaced in our daily lives by Barry Bonds or Michael Vick; as Dr. King gives way to Senator Craig and Scooter Libby, as fallen leaders leave the public stage (or much worse, remain there!), as things disappointing take on critical mass, it seems right and good to turn to those thoughts, those people, yes, those role models and heroes who have made a big, positive difference in us and our lives and what we do. I am thinking now of a few of the recently departed and some merely 4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

I believe we latch onto great ideas through illustration from, and by embracing the experiences of, others... As I think back over my time on the VBA Board of Governors, I am touched by recurring thoughts of those who have made a difference.

recently retired. Or, simply worthy of mention during such a hero drought.

VBA Inspirations
As I think back over my time on the VBA Board of Governors, I am touched by recurring thoughts of those who have made a difference: We will all forever miss those we have lost in our personal lives. May God bless the souls of so many special people I was touched to see leave this earth in recent years. Here and now, however, as I leave this office and without disrespect to the memories of any others, I mention three people forever in my heart and mind: Professor Roger Groot; Oliver Hill, Jr. and Judge Robert Merhige. Also, there are robust folks who, although happily very much continuing to contribute each day, have recently stepped down from the bench. I wish all of you a great retirement, or more than likely, a great second career. Among you, I wish to specifically mention Judge Jim Benton and Justice Liz Lacy. Both recently retired from wonderful and rich careers as appellate judges in Virginia. Each touched me professionally and personally. When Judge David Stitt (another fav, still sitting!) chaired the VSB Mandatory Course on Professionalism, I was both a faculty member for the course as well as having duties training new judges and lawyers coming on the faculty each year. That year, Judge Waugh Crigler (active fav, too!) headed up the new

experimental course geared toward teaching professionalism to law students. I was privileged to be asked to join a special group to launch this program, going into the law schools to teach a pilot curriculum. In that undertaking, I had the pleasure to work with Justice Lacy. She and I were part of a team that taught the very first class in the T.C. Williams Law School Moot Courtroom at the University of Richmond. She was wonderful, fairly sparkling! The kids understood she really meant it when she described how thrilled she was to be there and to be a judge in Virginia. I still hear from former students who recall that memorable session. (Although non-mandatory at 3 p.m. and on Friday before a long holiday weekend, several hundred students crammed into every nook and cranny of that room.) I later was privileged to host the television show Law Weekly with Justice Lacy as our only guest for the entire hour. She was terrific. She spoke eloquently and passionately of how it felt to be a lawyer; to be a judge in Virginia; on the legacy and the responsibility, the community of professionals who day in and day out, make it worthwhile. Justice Lacy also spoke of being a role model and the first woman on the Virginia Supreme Court. She took on many tough issues, including judicial elections (as happen in her former home of Texas), capital punishment, the lawyers image, etc. After more than 300 programs, people still ask about that show, to DECEMBER 2007/JANUARY 2008

this day. Several years later, I was again privileged to interview Justice Lacy, this time as she contributed memorable words on civility and professionalism, preserved and shown to each new student/lawyer on the video serving as cornerstone for the VSB Mandatory Course on Professionalism. Most recently, I chaired the lawyer subcommittee for Justice Lacys Supreme Court task force on pro se litigation. Her leadership of that group led to major reform proposals to help Virginias justice system cope correctly with the inevitable influx and rise in pro se litigation and meet challenges posed to effective and efficient administration of justice and the legal system at large. The report from that task force and produced under her expert, gracious and wise leadership, remains a viable response today. It represents the best work of dozens of leaders of Virginias courts at all levels, its legislature, and legal community. Throughout her career, Justice Lacy was equally at home in the courtroom, the classroom, and the board room. No member of the court has done more for the system and the community, working tirelessly on innumerable projects and activities for the VBA and countless other bar and civic groups. I am truly humbled to participate in the ceremony honoring Justice Lacy at this years annual meeting banquet where she will recieve the newly renamed Gerald L. Baliles A Distinguished Service Award. I have worked with Governor Baliles on many projects, work groups and events through the years, also including the VSB professionalism video, where he too still appears with eloquent and timely remarks. I could not think of a more fitting or better suited combination to present the renamed, Governor Baliles Award to Justice Lacy, another distinguished Virginian who has and still does continue to give so much to the VBA and to the people of Virginia. Finally, I wish to recall and mention here, Judge James Benton, Jr. Among a handful of my greatest influences, Judge Benton will be honored in conjunction with a future VBA event. His recent departure from the Virginia Court of Appeals DECEMBER 2007/JANUARY 2008

represented the last of the original judges to retire from the first group elected in 1986. In the early 1990s, Judge Benton worked with me for three years, including when I chaired the Board of Governors of the VSB Family Law Section. It was during this time that the family court project occurred, child custody laws were fully reenacted; and the property statute underwent its biggest reforms since equitable distribution was begun. Although never himself advocating anything, through his dignity and patient responses to hundreds of my questions (many foolish), Jim Benton taught me what I needed to know to ignite and direct my lifetime passion for social justice and diversity in our culture. As a jurist, he is simply peerless. He is the great dissenter. So many of his dissents later became mainstream, black letter law. He was always ahead of his times. He has the courage and the common sense to see and to speak the truth. Always. Whatever it means; where- ever it leads. What a role model! Jim Benton helped me to garner rightful recognition for Mr. Hill, well after the minority community had long begun lionizing his accomplishments as a civil rights icon. My efforts to create the VSB Oliver Hill, Jr. Award for law students; to honor Mr. Hill with the Fairfax Bar Jurisprudence Award; and, in countless other ways, events and hallmark moments, were all traceable in some way to Jim Benton. Each time, Jim coaxed Mr. Hill to come and personally drove him to every event. Jim Benton always said his written word was his marker. He writes the truth and it remains inextinguishable, written forever. I will miss Jim Benton on the Court of Appeals. So will Virginia.

Making a Difference
In my remarks last January after Judge Terry Ney administered my oath to become your president, I described what I considered a distinguishing ideal of bar leadership. Given that our president serves a full term as board member, then another year as past president, our single year at the helm is best approached with a long view. At best, the VBA President will nurture and grow the seedlings of

predecessor boards and presidents into healthy programs and initiatives. All the while, during our brief moment at the helm, we wisely may plant just one or two seeds of our own; we then must count on those who follow to tend to and nurture them in future years. When invested, I discussed the crisis we face in finding ways to best redress gross deficits in Virginias system for defending indigents charged with crimes. While long a matter of grave concern for caring lawyers and judges, the VBA Board has recently sought effective ways to measure and then bring public attention to the issue. Along with fellow Board rookies Roger Groot and Marilyn Goss, under then VBA president Ted Ellett, our Board of Governors debated, passed and implemented historic measures to shine light on the crisis and our need to lead the way in fixing it. As senior member of the Northern Virginia delegation, completing the last year of my last term on the VSB Bar Council that year, I participated in and helped to lead a parallel process within the mandatory bar on the same issue. While both groups came to the same conclusions, it was the VBA that produced immediate results. The VBA has led the way to attract long-overdue legislative attention, initiate historic reforms, and finally start to achieve more universal acceptance and recognition of the need for adequate public funding for these purposes. As among my first acts as president, I asked predecessor president Bill Van Buren to continue yeoman efforts to bring his own indigent defense agenda to fruition and work with a blue ribbon group from Virginias legal community in this arena. Largely from Bills leadership and the dedicated efforts of very talented VBA legislative representatives, funding was finally obtained. Work continues apace to increase resources, to activate and grow a culture of participation and permit first ever data-collection from Virginias long-suffering court-appointed lawyers. We hope this may finally catalyze data-based funding and solutions for our core mission, most sacred and among the more noble aspects of our public trust: To ensure
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Continued from prevous page

that here in Virginia, Gideons Trumpet is muted no more. It seems we are finally at the precipice, the path head: We have begun the long journey to build, strengthen and guard effective delivery of the basic Constitutional promise of fairness and due process for those accused of crimes in courts of Virginia. That day three years ago in Tysons Corner, as we started a movement leading to these reforms, we approved but wisely left for another day the development of responses to a related matter of grave urgency - Virginias suspect administration of justice in matters involving capital crimes and capital punishment. Through an annual workshop, other VBA efforts year round and the commendable percentage of VBA members and firms donating thousands of hours in pro bono capital defense assistance, the VBA has long led efforts to enhance justice and defense for those accused of capital crimes. Long a champion of these causes, as he anguished over flaws in systems for indigent defense as well as capital defense, our late brother, Professor Groot, saw wisdom in tackling indigent defense separately and first. Since then, we have hoped for results and long-awaited ABA findings from a three-year study on death penalty systems. They finally came, just weeks ago. The study calls for a nationwide moratorium on executions. It is based on a detailed analysis of death penalty systems in eight sample states: Alabama, Arizona; Florida; Georgia; Indiana; Ohio; Pennsylvania and Tennessee. The ABA project identified key problems common to the states studied, including major racial disparities, inadequate indigent defense services and irregular clemency review processes making their death penalty systems operate unfairly. Like the VBA, the ABA takes no position for or against the death penalty. Nonetheless, given widespread alarm about flawed administration of the most irreversible of penalties, since 1997, the ABA has urged a moratorium in each capital jurisdiction until the state conducts a thorough and exhaustive study to deter6/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

mine whether its system meets legal standards for fairness and due process. In his report, the Project Chair said: After carefully studying the way states across the spectrum handle executions, it has become crystal clear that the process is deeply flawed. He went on to say that the death penalty system is rife with irregularity supporting the need for a moratorium until states can ensure fairness and accuracy. Five of eight state teams urged their own state leaders to impose a temporary halt on executions until more complete analyses could be completed. Among those five - Alabama, Georgia, Indiana, Ohio and Tennessee - were several sister states with Virginia in the Southern Conference of Bar Presidents. If you contact me, I will be pleased to send you data or web links to access the full ABA report. As I step down, I am confident my fellow Board members will remain faithful to mandates of past Boards and turn to this issue in the near future to study and develop data, and as warranted, to advance related policy positions for this second prong of a VBA initiative, first launched in that 2004 meeting.

I am proud that those who follow have fully committed to see through my vision of real progress on the matter of inclusion and diversity. Nothing is more fundamental to my concept of justice. How can a system offer perceived and actual justice, when it so poorly represents such a large segment of our society. Nothing can divide us more than justice denied by reason of race, color, faith or ethnic origin. Likewise, we must work to eradicate any legitimate basis to perceive inequities along these lines.

Help Along the Way

Serving in this position has been a great honor; I have loved and cherished working with dozens of governors and families, among them some of the most special people I will ever meet. Each of you is priceless and means a great deal to Kimmy and me. To Ed Betts, Frank Thomas, Ted Ellett, Jimmy Meath, and Billy Van Buren, inspirational presidents, each and every one of you: Thanks for noble and wise leadership. I learned so much from you. You are great leaders and contributors to the finest Bar in the nation. To David Landin, Anita Poston, Jeanne Franklin and the other VBA presidents, thanks for being there whenever I had a question or needed anything at all. You are a great group and all well-represent the best of the VBA. To Guy Tower: Thanks for all you have done to help me succeed this year. You are a wonderful friend and one of the best things that ever happened to the VBA. To Brenda Dillard: Words alone could never express what each of my predecessors so well knows: You are the sine qua non of the VBA. But for you, we could never do it. I know I drove you nuts: Thanks for a decade of always being there. You are golden! To other cherished brethren and sisters on the board; to Mike Pace, to
John Epps, to Steve Busch and each and every VBA member: I am honored at your trust and confidence and will always treasure your kind words and support. Its been a ball. Now, lead the way!

A Call to Action
Passing the torch. And so it goes. Another imperative is judicial independence and seeking solutions to guard against troubling episodes in recent years, evincing a less than fully informed and open judicial selection process. Lawyers, must be consulted and respected for informed input on judicial candidates. The VBA is in the best position to offer such non-partisan, informed and performance based data for decision makers. Public confidence in the judicial selection process is inextricably linked with perceptions of fairness in the justice system itself. And, that perception is nothing less than the cornerstone of democracy. We are the lawyers. We must inform the choice of judges. If not us, then who will? I have long worked at and spoken of promoting inclusion, diversity and fairness to women and minorities in the system and profession. As with other administrations, as I tend the seedlings of predecessors,

DECEMBER 2007/JANUARY 2008

V B A ANNOUNCEMENT

The Virginia Bar Association renames award for Governor Gerald Baliles
The Virginia Bar Association has announced that it will change the name of its Distinguished Service Award, given by the Association in recognition and appreciation of exceptional service and contributions to the bar and public at large, to the Gerald L. Baliles Distinguished Service Award. The first recipient of the renamed award will be Supreme Court of Virginia Senior Justice Elizabeth B. Lacy. Governor Baliles and Justice Lacy will both be honored at the Associations annual meeting in Williamsburg on January 18. Included among previous recipients of the award are former U.S. Supreme Court Justice Lewis F. Powell, Jr., former U.S. Senator William B. Spong, Jr., former Virginia Chief Justice Harry L. Carrico and Baliles himself, who received the award in 2001. The award was most recently given to Virginia Senator Kenneth W. Stolle for his leadership in improving the states indigent defense system, a major item on the VBAs legislative agenda in recent years. The renaming of the award for Governor Baliles and its presentation to Justice Lacy are entirely fitting, said VBA President Glenn C. Lewis of Fairfax. They have been not only two of the most outstanding public servants in Virginia of this generation; for many years they also have been consistently and visibly dedicated to the mission and programs of The Virginia Bar Association. A member of the VBA for 40 years, Baliles served as the first chair of the Associations Committee on Special Issues of National and State Importance, a blue-ribbon, multi-disciplinary panel responsible for bringing to the attention of members of the bar and the public cutting-edge national and international developments that shape critical future leDECEMBER 2007/JANUARY 2008

First recipient will be Justice Elizabeth B. Lacy

Justice Elizabeth B. Lacy and Governor Gerald L. Baliles

gal and policy issues. More recently he forged a partnership between The Virginia Bar Association and the Virginia Historical Society to educate lawyers on the impact of Virginias rich history on its current legal and political climate. He is currently a member of the VBAs Commission on Professionalism. Baliles, now director of the Miller Center of Public Affairs at the University of Virginia, was elected in 1985 to serve as the 65th Governor of Virginia. His tenure as governor capped a career in public service that included serving as the attorney general of Virginia (1982-85) and a member of the Virginia House of Delegates (1976-82). After leaving public office, he entered private law practice as a partner in the firm of Hunton & Williams in Richmond. Lacy, a former member of the board of governors of the VBA, in 1985 became the first woman to serve as a judge of the Virginia State Corporation Commission. In 1989 she became the first woman to serve on the bench of the Supreme Court of Virginia. She was appointed to both positions by Baliles during his term as governor and was in both cases subsequently elected to the positions by the Virginia General Assembly. She served as a deputy to Baliles when he was attorney general and had previously worked in the office of the attorney general of Texas and for the Texas Legislative Council. Baliles serves on the corporate boards of Norfolk Southern Corporation and Shenandoah Life Insurance Corporation and has served on the boards of the Greater Richmond World Affairs Council, the Greater Richmond Transportation Advocacy Board and the Richmond Symphony Council. He chaired the Commission to Ensure a Strong Competitive Airline Industry for the President and Congress and served as the editor of CCH Issues in Aviation Law and Policy. He has also served as chair of PBS and throughout most of his professional life has been at the forefront of activities related to preserving the Chesapeake Bay. Always a champion of education, he founded the Patrick County Educational
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LEGAL FOCUS Civil Litigation

E-Discovery Rules Coming to Virginia State Courts

BY JON M. TALOTTA AND MICHAEL M. SMITH
It appears that Virginia will soon join the federal courts and a growing list of state courts by amending the Rules of the Supreme Court of Virginia to specifically address electronic discovery. By some estimates, more than 90 percent of business information is now generated and stored electronically. Yet the Virginia Rules governing civil discovery were developed at a time when nearly all business records were generated and stored in paper form. Although the Supreme Court of Virginia was still accepting comments and suggestions at the time this article was submitted, Virginia state court practitioners should take note of the likely changes which are similar in many respects to the 2006 e-discovery amendments to the Federal Rules of Civil Procedure1 and take steps now to adopt best practices that reflect the realities of civil litigation in the information age. The proposed amendments to the Virginia Rules as with the changes to the Federal Rules and other state court rules target three broad issues relating to electronically stored information (ESI): issue identification; production; and preservation. proposed rules, because, as discussed below, the revisions as currently proposed do not include clawback provisions similar to the amended Federal Rules. Like its counterpart in the Federal Rules, the effect of the proposed changes to Virginia Rule 4:13 is likely to be that counsel must become familiar with a clients systems and ESI at the earliest stages of the proceedings (if not before the litigation begins). In-house counsel, and outside attorneys representing corporate clients, would be well advised to meet with IT personnel early on to learn how the companys systems work and its ESI is managed and retained, and also to educate the IT professionals on the important role they are likely to play in discovery. inaccessible ESI is identified, the requesting party may petition the court to compel collection and production. In such disputes, the court will consider the request in light of the limitations on discovery set forth in Rule 4:1(b)(1), such as the needs of the case, the amount in controversy, the importance of the issue, and the resources of the parties. The court may order the producing party to collect and produce the requested information, or it may enter a protective order. As with Federal Rule 26, the proposed changes to Virginia Rule 4:1 also would allow the court to specify conditions for the discovery, which could include requiring the requesting party to bear the expense of collecting the ESI at issue, although the producing party must still bear the costs of reviewing the ESI for relevance, confidentiality and privilege. Format of ESI Production: The proposed revisions to Virginia Rule 4:9 would implement several notable changes to Virginias rules of civil discovery. Under the proposed revisions to Virginia Rule 4:9(a), a party could request to inspect, test, or sample designated ESI. The proposed revisions to Virginia Rule 4:9(b) would allow the requesting party to specify the form in which ESI is produced (e.g., native files, exported files, PDFs, TIFs).2 The producing party, however, may object to the requested form. Such an objection might be necessary in a particular case because each of the various formats in which ESI may be produced presents its own set of potential problems (e.g., inability to redact, risk of alteration, limited searchability). In resolving such disputes, courts would likely find guidance in the proposed revisions to Virginia Rule 4:9(b)(iii), which states that if a particular form for DECEMBER 2007/JANUARY 2008

Production
The proposed changes to Virginia Rules 4:1, 4:8, and 4:9 are intended to provide protections to both requesting and producing parties, and to establish a framework for resolving e-discovery disputes. The goal of these changes is to bring order, consistency, and baseline rules of reason to e-discovery, as well as to limit gamesmanship and the use of ediscovery as a weapon in litigation. Inaccessible ESI: As with Federal Rule 26(b)(2), under the proposed changes to Virginia Rule 4:1(7), a party may seek protection from the burden of collecting responsive ESI based on undue burden or cost. This is a codification of the developing body of law recognizing that the potential costs and burden on a producing party of collecting some ESI may outweigh the probative value of that information. Thus, responsive ESI that is unreasonably burdensome or expensive to collect must be identified but need not be produced by the responding party. Once the

Issue Identification
Under the proposed changes to Virginia Rule 4:13, as with Federal Rule 26(f), the court may use the initial pre-trial conference to establish ground rules for the disclosure or discovery of ESI. Parties may be asked to address issues relating to ESI preservation and production, including the format in which ESI will be produced, issues relating to privileged and confidential/trade secret information, and inadvertent disclosures. An agreement regarding inadvertent disclosures and postproduction claims of privilege could be especially important under the 8/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

production is not specified by the requesting party, the producing party must produce ESI in the form in which it is usually maintained, or in a form that is reasonably usable. As a practical matter, these changes should go a long way toward eliminating a producing partys strategic production of ESI in one format while retaining that same ESI in a more readily usable format for its own purposes in the litigation. Other Noteworthy Changes: Under the proposed revisions to Virginia Rule 4:8, a responding party could produce ESI in lieu of answering an interrogatory (as is the current practice with hard copy documents), if the burden of deriving the answer to the interrogatory would be substantially the same for the requesting party as for the producing party. The proposed revisions to Virginia Rule 4:9(b)(iv) provide that a party need not produce the same ESI in more than one form. This should eliminate the burden on producing parties to collect and produce multiple copies of the same ESI simply because it is stored in more than one location.

ABOUT THE AUTHORS

Jon Talotta and Michael Smith are litigation associates in the Northern Virginia office of Hogan & Hartson, LLP. Talotta received his J.D. from the University of Virginia School of Law in 1999. He was a law clerk extern for the Hon. B. Waugh Crigler (W.D.Va.) during law school and a law clerk for the Hon. James C. Cacheris (E.D.Va.) in 19992000. Smith received his J.D. from the George Mason University School of Law in 2006. Talotta, Smith and the other members of Hogan & Hartsons Northern Virginia litigation team regularly publish articles and speak on electronic discovery and other civil procedure issues.

Preservation
Inadvertent disclosure: The most significant divergence between the currently proposed revisions to the Virginia Rules and the 2006 ediscovery amendments to the Federal Rules is the lack of protection in the former against the risks of inadvertent disclosure of privileged or otherwise protected information. Because the production of ESI often involves very large quantities of information, there is always an increased risk of inadvertent disclosure in an ESI production. Federal Rule 26 includes a clawback provision that allows a party to demand the return of any privileged information or trialpreparation materials inadvertently produced during discovery (the Uniform Rules contain a similar provision). 3 It is unclear whether a similar clawback provision will make its way into the proposed amendments to the Virginia Rules. Arguably, such protections can be more important in state court cases, where parties often are less sophisticated and have fewer resources, but nevertheless may be DECEMBER 2007/JANUARY 2008

faced with the daunting task of reviewing vast amounts of ESI for privilege prior to production. Although search capabilities can reduce the costs of reviewing ESI for privilege, this task generally remains the most burdensome and costly aspect of the document production process, just as it continues to be with respect to the production of hard copy documents. Of course, under the current proposed revisions to Virginia Rule 4:13, courts may nevertheless encourage parties to negotiate clawback agreements at the outset of the litigation. As a practical matter, such agreements can reduce the costs of ESI productions, particularly when combined with quick peek arrangements which allow a requesting party to conduct an initial inspection of ESI (or hard copy documents and information) to identify the information requested for production, while allowing the producing party to assert privilege or other protections over the ESI identified for production by the requesting party during its initial inspection.4 Spoliation Safe Harbor: Recognizing the reality that all ESI and hard copy documents and information cannot and need not be saved indefinitely, and in order to reduce the proliferation of spoliation claims alleging intentional/negligent destruction, the proposed revisions to Virginia Rule 12(e) provide a safe harbor for the routine, good-faith deletion of ESI. Absent exceptional circumstances, a party will not be sanctioned for deleting or erasing ESI as a result of the routine, good-faith operation of its electronic systems. The safe harbor provision is especially important to corporate clients, but it will be of little or no value if the party does not already

have in place sound ESI policies. For example, if a party cannot explain coherently and comprehensively what ESI it saves and why as a routine matter, it will be hard pressed to justify deletion or erasure of the specific ESI at issue in defending a spoliation claim. Investing up front in ESI best practices is likely to lower a partys exposure to litigation expense and discovery related liability.

Act Now to Ensure That Your Clients Are Protected

With federal and other state courts already implementing e-discovery rules, and Virginia courts likely to follow in the near future, sound ESI practices are essential both for practitioners and their clients. Ediscovery law has been developing for more than a decade. In order to be ready for the adoption of the proposed e-discovery rules by the Virginia courts, state court practitioners should become familiar with the law underlying the amended Federal Rules and understand the potential differences. Companies should implement records management policies that include procedures governing the retention and deletion of ESI, and should also include general parameters for litigation holds in anticipation of potential future litigation. Records and IT personnel need to understand their role in ediscovery before they are called to testify in a deposition, discovery hearing, or trial. The favorable resolution of discovery disputes or the admissibility of critical evidence may turn on the ability to explain the companys systems and defend its practices in laymans terms. If your company, or a company you represent, has not yet established
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sound ESI policies and proactive litigation strategies, now is the time. Review your clients ESI policies, assist in developing standard templates and routine procedures for the identification, disclosure, production, and management of ESI, and, if possible, encourage your client to invest in technology to aid and automate these processes. By adopting a standard approach and disclosure templates, your client can reduce the risk that it will make conflicting disclosures and assertions regarding its ESI and records managements across different cases, or mismanage or destroy discoverable ESI. Additionally, a standard approach can help streamline the process of identifying, gathering, reviewing, and producing ESI, greatly reducing the burden of each new case on legal records, IT, operations, and management personnel. Even small companies will

Continued from previous page

10/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

58th Annual National Moot Court Competition Region IV Contributors

Hogan & Hartson, LLP Hon. M. Langhorne Keith - 1994; E. Tazewell Ellett - 2004 Hunton & Williams LLP Evans B. Brasfield - 1985; Allen C. Goolsby - 1991; Hon. Whittington W. Clement - 1993; David Craig Landin - 1999 Kaufman & Canoles, PC William R. Van Buren, III - 2006 LeClair Ryan G. Franklin Flippin - 1998 McGuireWoods LLP R. Gordon Smith - 1987; Thomas C. Brown, Jr. - 1992; Hon. R. Terrence Ney - 1995 Troutman Sanders LLP John F. Kay, Jr. - 1982; F. Claiborne Johnston, Jr. - 1990 Willcox & Savage, PC Hon. Toy D. Savage, Jr. - 1969/70; Hugh L. Patterson - 1981 Williams Mullen James V. Meath - 2005

2007 Sponsors Honoring VBA Past Presidents

Thank You!
Christian & Barton, LLP Gentry Locke Rakes & Moore, LLP Hunton & Williams McGuireWoods, LLP Michie, Hamlett, Lowry, Rasmussen & Tweel PLLC Moran Kiker Brown, PC Oblon, Spivak, McCelland, Maier & Neustradt, PC Reed Smith, LLP Williams Mullen
1. The proposed revisions to the Virginia Rules also are similar in several respects to the Uniform Rules Relating to Discovery of

benefit from proactive measures that make the retention and destruction of ESI regularized and routine. The draft rules are designed to limit the potentially crushing burden of ediscovery on parties in litigation, but they do not operate on their own to make e-discovery easier and less expensive. They merely provide tools parties can use to reduce their own burden and expense, as well as to conduct more efficient and effective e-discovery on other parties. Only those attorneys who are proactive, knowledgeable, and prepared to handle e-discovery will be able to pick up these tools and use them effectively. Those who fail to prepare in advance and leverage the new rules upon passage will quickly find these tools being used against them.

NOTES

Electronically Stored Information adopted by the National Conference of Commissioners on Uniform State Laws (the Uniform Rules) in August 2007. 2. Under the proposed revisions to the Virginia Rules, the provisions regarding inaccessible ESI and the form of ESI production would also be applicable to a non-party required to produce ESI in response to a subpoena duces tecum. 3. It should also be noted that, in May 2007, the Advisory Committee on Evidence Rules approved a proposed addition to the Federal Rules of Evidence, Rule 502. Proposed Rule 502, among other things, is intended to address inadvertent disclosures of attorneyclient communications and work product materials resulting from the burdens and risks inherent in reviewing vast amounts of ESI often at issue in civil litigation. Under the proposed rule, the inadvertent disclosure of attorney-client communications or work product material would not operate as a subject matter waiver, as may be the case in certain jurisdictions. 4. The Conference of Chief Justices suggest such agreements as a matter of course. See Guidelines for State Trial Courts Regarding Discovery of ElectronicallyStored Information, available online at www.ncsconline.org/images/ EDiscCCJGuidelinesFinal.pdf.

DECEMBER 2007/JANUARY 2008

VBA Members in the News

Congratulations to the VBA members who were recognized as 2007 Leaders in the Law by Virginia Lawyers Weekly!

NEWS IN BRIEF

Richard J. Bonnie, University of Virginia Hon. Robert L. Harris Sr., The McCammon Group Richard Cullen, McGuireWoods LLP Robert R. Hatten, Patten, Wornom, Hatten & Diamonstein LC Wyatt B. Durrette Jr, DurretteBradshaw PLC Stephen A Northup, Troutman Sanders LLP Thomas A. Edmonds, Virginia State Bar William R. Rakes, Gentry Locke Rakes & Moore LLP L. Steven Emmert, Skyes, Bowden, Ahern & Levy Hon. Diane M. Strickland William R. Van Buren III, Kaufman & Canoles, PC
VBA member Hon. LeRoy F. Millette Jr. has been appointed to the Court of Appeals of Virginia by Governor Timothy M. Kaine. Judge Millette is currently a circuit court judge in Prince William County, where he has served since 1993. He was among those recommended to Governor Kaine by the VBA Committee on Nonimations to Virginia Commissions and Appellate Courts. Judge Millette is a first-rate jurist who has devoted his life to the law, Governor Kaine said. I am pleased that Judge Millette has agreed to serve on the Court of Appeals. His talend and commitment will serve the Commonwealth well. Judge Millette served as chief judge of the 31st Judicial Court from 1998-2000 and has been in that position again since 2006. He is also a member of the Circuit Court Benchbook Committee and the Judicial Inquiry and Review Commission.

Divorce Mediation: Myths & Facts an Internet radio talk show on the VoiceAmerica network, hosted by professional mediator and VBA member Philip Mulford, has received the endorsement of the Association of Attorney-Mediators. The Association of Attorney-Mediator, a non-profit organization, is the only mediator-related association limited to mediators who are licensed attorneys. AAMs experienced attorneymediators offer a wide variety of mediation services throughout the United States and adhere to the highest training and ethical standards. Divorce Mediation: Myths & Facts airs every Thursday at 2 PM ET on www.voice.voiceamerica.com and is rebroadcast every Wednesday at 5 PM ET on www.business.voiceamerica.com. Past shows are archived and available on demand and for download on MP3 and Podcast.

Alternative Dispute Resolution: John S. Barr - Philip C. Baxa - Gary W. Brown - John E. Clarkson - William E. Franczek - Jeanne F. Franklin - Terrence L. Graves - Grayson P. Hanes - David L. Hauck - William H. Hoofnagle III - Lawrence Hoover - John A.C. Keith - Joseph A. Leafe - Edward B. Lowry - Thomas O. Mason - John B. McCammon - Teri Miles - Joan S. Morrow - J. Ross Newell III - John H. Obrion Jr. - William B. Poff - Mark E. Rubin - D. Alan Rudlin - Nancy R. Schlichting - Paul F. Sheridan - Ann K. Sullivan - Jon Talotta - Bruce Titus - William N. Watkins - Charles F. Rick Witthoefft - P. Marshall Yoder Bankruptcy: Benjamin C. Ackerly - Paul S. Bliley Jr. - Tyler P. Brown - Megan E. Burns - Paul K. Campsen - Michael P. Cotter - C. Thomas Ebel - Augustus C. Epps Jr. - Michael P. Falzone - Douglas M. Foley - David A. Greer - Michael E. Hastings - Monroe Kelly III - Stephen E. Leach - Mark C. Leffler - A. Carter Magee Jr. - Richard C. Maxwell - John D. McIntyre - Michael D. Mueller - Gary M. Nuckols - Ross C. Reeves - James W. Reynolds - David R. Ruby - Ann Schmitt - William H. Schwarzschild III - W. Stephen Scott - William E. Shmidheiser - David K. Spiro - Lynn Lewis Tavenner - Lori D. Thompson - Peter G. Zemanian Business: Alvin P. Anderson - R. Brian Ball - Eric E. Ballou - Mark W. Botkin - Thomas C. Brown Jr. - William H. Casterline Jr. - Nicholas C. Conte - David L. Dallas Jr. - Thomas R. Frantz - Robert L. Freed - Guy R. Friddell III - Allen C. Goolsby - Leslie A. Grandis - Grant S. Grayson - John C. Hodges - Christopher J. Honenberger - Thomas C. Inglima - F. Claiborne Johnston Jr. - Joseph H. Latchum Jr. - David A. Lawrence - Gary D. LeClair - Jeffrey G. Lenhart - Bruce M. Marshall - Vincent J. Mastracco Jr. - Bryant C. McGann - Stephan W. Milo - Richard A. Minardi Jr. - William A. Old Jr. - G. Michael Pace Jr. - South T. Patterson - David Pettit - Brian R. Pitney - George H. Roberts Jr. - Robert E. Sevila - Price M. Shapiro - Conway H. Sheild III - George B. Shepherd Jr. - Julious P. Smith Jr. - Robert E. Spicer Jr. - M. Bruce Stokes - Randolph A. Sutliff - William R. Van Buren III - W. Michael Walker - Charles E. Wall - James L. Weinberg - James J. Wheaton - M. Nicole Williams - R. Lee Yancey Civil Litigation: Thomas E. Albro - Everette G. Buddy Allen Jr. - John F. Anderson - Stephan F. Hobie Andrews - Robert A. Angle - David N. Anthony - J. Rudy Austin - Stephen E. Baril - William D. Bayliss - Bruce T. Bishop - Jonathan T. Blank - William G. Broaddus - Gary A. Bryant - John K. Burke Jr. - L. Lee Byrd - Irvin V. Cantor - Donald H. Clark - John Conrad - James C. Cosby - William R. Curdts - William F. Devine - Bernard J. DiMuro - Wyatt B. Durrette Jr. - Frank A. Edgar Jr. - Hugh M. Fain III - Calvin W. Fowler Jr. - Humes J. Franklin III - Jason J. Ham - Leonard C. Heath Jr. - Charles F. Hilton - Glen A. Huff - John C. Ivins Jr. - Mark D. Loftis - R. Peyton Mahaffey - Bradley P. Marrs - Patrick M. McSweeney - S.D. Roberts Moore - Donald R. Morin - James W. Morris III - Mark D. Obenshain - Amy S. Owen - Robert D. Perrow - William B. Porter - Glenn W. Pulley - Robert F. Redmond Jr. - James C. Roberts - Kevin M. Rose - Douglas P. Rucker Jr. - James L. Sanderlin - J. Jonathan Schraub - Robert E. Scully Jr. - Hunter W. Sims Jr. - Thomas G. Slater Jr. - Michael W. Smith - Jeffrey L. Stredler - Richard C. Sullivan Jr. - Daniel C. Summerlin - Ashley Taylor - John R. Walk - John L. Walker III - Anne Marie Whittemore - Emily Yinger Construction: Bruce E. Arkema - D. Stan Barnhill - Brian K. Brake - Thomas A. Coulter Bradfute W. Davenport Jr. - Michael Gardner - M. Melissa Glassman - Barry A. Hackney - Christopher G. Hill - James D. Hobbs Jr. - Elaine R. Jordan - Vivian Katsantonis - Herbert V. Kelly Jr. - Robert H.J. Loftus - Neil S. Lowenstein - K. Brett Marston - William R. Mauck Jr. - Steven McCallum - Melisa G. Michelsen - Terence Murphy - Jack Rephan - Stephen G. Test - Charles Williams - John S. Wilson - James L. Windsor - Thomas M. Wolf Criminal Law: Alan D. Albert - Anthony F. Tony Anderson - E. Scott Austin - Paul G. Beers - James O. Broccoletti - Richard Cullen - David Deane - John R. Fletcher - Peter Greenspun - John Hart - Michael N. Herring Trey R. Kelleter - Andrew Protogyrou - John B. Russell Jr. - Andrew M. Sacks - Anthony F. Troy - John S. West - Dickson J. Young Family/Dispute Relations: Luis A. Abreu - Susan C. Armstrong - Edward D. Barnes - Peter V. Chiusano - Leisa K. Ciaffone - E. Thomas Cox - Cheshire IAnson Eveleigh - Ralph L. Feil - John P. Grove III - Susan M. Hicks - Brian Hirsch - Joseph R. Lassiter Jr. - Renu Mago - Frank W. Morrison - Kimberlee Harris Ramsey - Bryan H. Schempf - Patricia M. Schwarzschild - Andrea R. Stiles - David G. Weaver - Jerrold G. Weinberg Health Law: Rodney K. Adams - Briggs Andrews - Wyatt S. Beazley IV - Mark S. Brennan Sr. - William L. Carey - Kevin L. Cash - K. Marshall Cook - James M. Daniel Jr. - Patrick C. Devine Jr. - Martin A. Donlan Jr. - Karen A. Gould - Steven D. Gravey - Michael C. Guanzon - Virginia H. Hackney - Gail P. Heagen - Glenn M. Hodge S. Owen Hunt - Matthew D. Jenkins - Jonathan M. Joseph - Heman A. Marshall III - Jamie Baskerville Martin - Sherri M. Matson - J. Robert McAllister III - Kenneth D. McArthur Jr. - Thomas W. McCandlish - Stephen C. McCoy - T. Braxton McKee - Thomas T. Palmer - Hugh L. Patterson - Anita O. Poston - Stacy R. Purcell - Malcolm E. Ritsch Jr. - Stephen D. Rosenthal - M. Pierce Rucker - Dennis M. Ryan - Lawrence R. Siegel - Thomas J. Stallings - Bruce C. Stockburger - C. Randolph Wimbish III Intellectual Property: Charles M. Allen - Patrick C. Asplin - Tara A. Branscom - Peter E. Broadbent Jr. - Robert L. Brooke - Sharon L. Burr - James R. Creekmore - John B. Farmer - Dana J. Finberg - Philip H. Goodpasture - Patrick R. Hanes - Robert P. Henley - Bassam N. Ibrahim - R. Neal Keesee Jr. - J. Michael Martinez de Andino - Dana D. McDaniel - Christopher J. Mugel - Stephen E. Noona - Norman F. Oblon - Stephen E. Story - Ian D. Titley - Bryan D. Wright Labor/Employment Law: Thomas R. Bagby - Beth Hirsch Berman - Lisa A. Bertini - Susan Blackman - Elaine Charlson Bredehoft - Steven D. Brown - Dean T. Buckius - Jack W. Burtch Jr. - David C. Burton - Harris D. Butler III - Agnis C. Chakravorty - Peter Cohen - David E. Constine III - David P.Corrigan - Kimberly W. Daniel - Thomas J. Dillon III - Karen A. Doner - Karen S. Elliott - Patricia Epps - Reid H. Ervin - H. Aubrey Ford - William M. Furr - Sean M. Gibbons - Betty S.W. Graumlich - Anne Gordon Greever - Robyn Hylton Hansen - W. David Harless - Kevin D. Holden - Lynn F. Jacob - F. William Kirby Jr. - Paul G. Klockenbrink - Claude M. Lauck - Daniel P. Lyon - Gary S. Marshall - James V. Meath - Charles G. Meyer III - Charles F. Midkiff - Clinton S. Morse - Misti Mukherjee - Douglas M. Nabhan - David E. Nagle - G. William Norris Jr. - Susan Childers North - W. David Paxton - Mark D. Perreault - William E. Rachels Jr. - Gregory B. Robertson - J. Scott Robinson - Marguerite Rita Ruby - Dana Rust James H. Shoemaker Jr. - Thamer E. Chip Temple III - King F. Tower - Thomas E. Ullrich - John W. Vaughan Jr. - M. Bruce Wallinger - D. Eugene Webb Jr. - Yvonne S. Wellford - Hill B. Wellford - Cathleen P. Welsh - Daniel P. Westman - Burt H. Whitt - W. Carter Younger Legal Services/Pro Bono: Eunice P. Austin - F.Nash Bilisoly - N. Thomas Connally III - Trisha A. Culp - Sharon K. Eimer - Paul D. Georgiadis - George H. Hettrick - Phyllis C. Katz - Alton L. Knighton Jr. - Henry W. McLaughlin III - David S. Mercer - G. Andrew Nea Jr. - Stephen A. Northup - John M. Oakey Jr. - Carrie H. OMalley - James W. Speer - John E. Whitfield Legislative/Regulatory/Administrative: Terri Cofer Beirne - Henry D.W. Burt II - David W. Clarke - Whittington W. Clement - Cecil H. Creasey Jr. - Glenn R. Croshaw - Alan A. Diamonstein - Anthony J. Gambardella Jr. - Michael L. Goodman - W. Scott Johnson - John- Garrett Kemper - Benjamin R. Lacy IV - Thomas A. Lisk - Alexander M. Macaulay - Bernard L. McNamee - J. Bryan Plumlee - Steven C. Shannon - Brooks Smith - George A. Somerville - Lynn K. Suter - William G. Thomas - Paul R. Thomson Jr. - Daniel R.Weckstein - Charles L. Williams Jr. Real Estate/Land Use: Ralph L. Bill Axselle Jr. - Robert C. Barclay IV - Antonio Calabrese - Daniel M. Campbell - Deborah Mancoll Casey John V. Cogbill III - Thomas Colucci - Andrew M. Condlin - James E. Cornwell Jr. - Beverley L. Crump - Paul H. Davenport - Stephen Davis - Steven D. Delaney Robert L. Dewey - H. David Embree - Benjamin W. Emerson - Jonathan A. Frank - Vernon M. Geddy III - Maryellen Goodlatte - Howard E. Gordon - Sarah E. Hall - Lisa Anne Hawkins - A. Brooks Hock - Thomas Johnson - E. Peter Kane - Neil S. Kessler - Daniel F. Layman Jr. - Benjamin D. Leigh Valerie W. Long - Joseph R. Mayes - Steven A. Meade - John M. Mercer - William F. Miller - Glenn Moore - Joshua H. Rahman - David D. Redmond - Stephen R. Romine - Charles H. Rothenberg - John E. Russell - John W. Sills III - Robert W. Stone - Martin D. Walsh - William A. Walsh Jr. - Jay M. Weinberg - Elizabeth L. White - Jay F. Wilks - J. Page Williams - C. Cooper Youell IV Taxes/Estates/Trusts: David D. Addison Farhad Aghdami - Morgan W. Alley - Michael Armstrong - Peter A. Arntson - Elizabeth J. Atkinson - Dennis I. Belcher - Neal P. Brodsky - Eleanor W. Brown - Marie D. Carter - John B. Catlett Jr. - Deborah D. Cochran - C. Richard Davis - Allan G. Donn - Ammon G. Dunton Jr. - Matthew M. Farley - John W. Flora - William S. Fralin - Timothy H. Guare - W. William Gust - Stephen T. Heitz - Patrick W. Herman - R. Braxton Hill III - A. Everett Hoeg III Molly F. James - Helen L. Kemp - Robert E. Lee - David S. Lionberger - Catherine M. Marriott - Bruce L. Mertens - John T. Midgett - Helena S. Mock - Robert C. Nusbaum - John B. OGrady - Amy G. Pesesky - Craig L. Rascoe - N. Pendleton Rogers - Nancy N. Rogers - Neil L. Rose - William L.S. Rowe - Harry P. Sakellaris - Alexander I. Saunders - Jane L. Schwarzschild - William J. Seidel - Donald E. Showalter - Maria S. Stefanis - Frank A. Thomas III - E. Diane Thompson - Fielding L. Williams Jr. Young Lawyer: Sarah L. Allgeier - Jason A. Botkins - Judy Lin Bristow - Turner A. Broughton - Kristan Burch - Robert H. Burger - W. Huntington Byrnes - M. Eve G. Campbell - Jeremy D. Capps - Jeremy Carroll - Matthew E. Cheek - R. Johan Conrod Jr. - Mary E. Davis - Kevin J. Funk - Heath H. Galloway - Richard P. Hadorn Jr. - Kristie G. Haynes - R. Braxton Hill IV - Henry J. Huelsberg III - Beth G. Hungate- Noland - Michael R. Katchmark - Nathan A. Kottkamp - Monica McCarroll - Lawrence J. McClafferty - Mark E. Murray - Daniel E. Ortiz - Stephen D. Otero - Richard H. Ottinger - W. Benjamin Pace - Courtney Moates Paulk - Daniel M. Pringle - Sara B. Rafal - James S. Seevers Jr. - Rachel L. Semanchik - Jennifer E. Shirkey - Brent Singley - Kimberly Stegall Christopher W. Stevens - Brent M. Timberlake - Christine A. Williams - Thomas M. Winn III

Over 70% of Virginia Business magazines Legal Elite 2007 are VBA members!

DECEMBER 2007/JANUARY 2008

THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/11

Thursday, January 17, 2008

9:00 AM - 1:00 PM

4:00 PM - 5:30 PM Managing Partners Roundtable Law Firm Benefits - Dilemmas and Solutions. 10:00 AM - 5:00 PM Virginia Law Foundation Committee & A presentation by the Law Practice Management Division for Board Meetings managing partners and law firm administrators - a frank 12:00 N - 4:30 PM VBA Board of Governors Luncheon and discussion on important insurance benefit issues affecting Meeting (For 2007 Board Members.) lawyers. Courtesy of BB&T (Register separately) 2:00 PM - 6:00 PM Registration and Information Desk Open Virginia CLE Commitee Meeting 5:00 PM - 6:00 PM 6:30 PM - 7:30 PM 7:30 PM - 9:30 PM Friends of Bill W. (Open Meeting.) Welcome Reception Courtesy of SunTrust Bank Virginia Law Foundation Fellows Dinner and Induction Ceremony 5:00 PM - 6:00 PM Friends of Bill W. (Open meeting.)

Friday, January 18, 2008

8:00 AM - 6:00 PM Registration and Information Desk Open 8:15 AM - 9:15 AM Continental Breakfast Courtesy of Virginia Business Magazine 8:30 AM - 9:30 AM 8:30 AM - 5:00 PM 9:30 AM - 12:30 PM Past Presidents Council Breakfast Exhibits CLE Programs: Concurrent Sessions (See next page.)

10:00 AM - 11:30 AM Spouse/Guest Program: A Culinary Demonstration and Tasting 10:00 AM - 12:00 N YLD Law School Liaison Recruiting Roundtable

12:30 PM - 2:00 PM

General Session 2:15 PM - 3:45 PM Rights in the Balance: Individual Privacy vs. the Publics Need to KnowShould Americans Lower Their Expectations? A presentation by the Committee on Special Issues of National and State Importance and Civil Litigation and Judicial Sections.

12/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

The 118th VBA Annual Meeting

January 17-20, 2008 Williamsburg Lodge and Conference Center

Weekend Schedule

Colonial Williamsburg, Virginia

5:45 PM - 7:00 PM VBA Portrait Gallery Complimentary digital photos will be taken of VBA couples and guests as they enter the reception. 6:00 PM - 7:00 PM 7:00 PM Reception (black tie) Banquet and Dance (black tie) Banquet courtesy of The McCammon Group After Dinner Dance Music: The Entertainers Courtesy of Equity Concepts, L.L.C. and U.S. Bank Corporate Trust Services Visual Presentation Courtesy of McGuireWoods, LLP After Dinner Presidents Reception Courtesy of The Lewis Law Firm and Gentry Locke Rakes & Moore LLP 10:30 PM - 12:30 AM YLD After-Hours Social Members of the YLD (Young Lawyers Division) and the OLD (Old Lawyers Division!) are invited to participate in some after-hours gambols, the popular tavern games of Colonial times. Courtesy of Williams Mullen

12:00 N - 4:30 PM Virginia Association of Defense Attorneys Board Luncheon Meeting 12:30 PM - 2:00 PM Legacy Series Luncheon Program

Saturday, January 19, 2008

8:00 AM - 9:15 AM Annual Breakfast and Business Meeting (Spouses and guests are welcome.) Courtesy of Minnesota Lawyers Mutual Insurance Co. and Virginias Legal Directories Registration and Information Desk Open

Lee and Grant A presentation by Dr. William M.S. Rasmussen of the Virginia Historical Society on behalf of the VBA Committee on Special Issues of National and State Importance reassessing the two generals to whom fell the greatest responsibility for the survivial or disintegration of the United States. Courtesy of Hunton & Williams LLP YLD Executive Committee/Council Luncheon and Passing of the Gavel

8:30 AM - 1:30 PM

9:00 AM - 12:30 PM Exhibits 9:30 AM - 12:30 PM CLE Programs: Concurrent Sessions (See next page.) 12:30 PM - 1:30 PM Reception Courtesy of Colonial Williamsburg 1:30 PM - 2:30 PM 2:30 PM - 5:00 PM Orientation for Newly Elected Members of the VBA Board of Governors VBA Board of Governors Meeting (For 2008 Board Members)

DECEMBER 2007/JANUARY 2008

Friday, January 18, 2008

9:30 AM - 11:00 AM (1.5 Credits) 9:30 AM - 11:00 AM (1.5 Credits) 9:30 AM - 11:00 AM (1.5 Credits)

Educational Programming
Elder Law Section Wills, Trusts & Estates Section Strategies for Facing the Long Term Health Care Crises. Intellectual Property & Information Technology Law Section Corporate Counsel Section Civil Litigation Section What to Do When You Get the Letter: Tips From Experienced Intellectual Property Litigators on What to Do When Your Client is Accused of Trademark Infringement or Trade Secret Misappropriation. Lawyers Helping Lawyers You May Be Your Brothers Keeper: When Must You Report Another Lawyers Misconduct or Impairment to a Disciplinary or Other Appropriate Professional Authority? Business Law Section Ranked #1 for Business: Where Does the Commonwealth Go From Here? The Virginia Chambers 2008 Legislative Agenda and Notes From the Economic Development Front. Civil Litigation Section Keeping Up With the Joneses (and the Cranes): Ensuring that Expert Designations are Sufficient After Crane v. Jones. Labor Relations and Employment Law Section Twenty Ways to Get Your Clients Into Employment Law Hot Water.

Construction and Public Contracts Law Section Sir (or Madam), Could I See Your Drivers License, Registration and Green Card? What Employers Need to Anticipate with Local Government Enforcement of Immigration Law.

9:30 AM - 11:00 AM (1.5 Credits/1.5 Ethics) 11:00 AM - 12:30 PM (1.5 Credits) 11:00 AM - 12:30 PM (1.5 Credits) 11:00 AM - 12:30 PM (1.5 Credits) 12:30 PM - 2:00 PM (No Credits) 2:15 PM - 3:45 PM (1.5 Credits)

Legacy Series Luncheon Program Lee and Grant (Spouses and guests are welcome and encouraged to attend. Register Separately - additional fee for lunch.) General Session: Committee on Special Issues of National and State Importance Civil Litigation Section Judicial Section Rights in the Balance: Individual Privacy vs. the Publics Need to KnowShould Americans Lower Their Expectations? Law Practice Management Division: Managing Partners Roundtable Law Firm BenefitsDilemmas and Solutions A presentation for managing partners and law firm administratorsa frank discussion of health, life, disability and long term care insurance, child care, and other important benefit issues affecting lawyers. Community Service Program Pro Bono Coordinators Roundtable: An Open Forum on the Mechanics, Logistics and Politics of Administering a Pro Bono Publico Program. Health Care and Intellectual Property: Emergence, Convergence and Divergence. Law Practice Management Division The Write Stuff: Teaching Old and New Dogs New Tricks. A legal writing workshop. Virginia Joint Committee on ADR Business Law Section Solutions for the FutureInterest Based Negotiations. Domestic Relations Section Judicial Section Fault Revisited in Equitable Distribution Cases. Law Practice Management Division

Community Service Program information on page 22

4:00 PM - 5:30 PM (No Credits)

Saturday, January 19, 2008

9:30 AM - 11:00 AM (No Credits) 9:30 AM - 11:00 AM (1.5 Credits) 9:30 AM - 11:00 AM (1.5 Credits) 9:30 AM - 11:00 AM (1.5 Credits) 11:00 AM - 12:30 PM (1.5 Credits) 11:00 AM - 12:30 PM (1.5 Credits) 11:00 AM - 12:30 PM (1.5 Credits) 11:00 AM - 12:30 PM (1.5 Credits)

Health Law Section Intellectual Property & Information Technology Law Section

Register for the winter meeting on-line at www.vba.org!

The Illusion of Document ManagementElectronic Data Security, Retention/Destruction and Forensics. Real Estate Section Taxation Section Capital Gain Strategies for Landowners and Developers.

Retirement Journey Series

Strategies to Minimize Your Taxes and Increase Your Retirement Paycheck: Understanding the Bell Curve of Required Minimum Distributions From Qualified Plans. (Spouses and guests are welcome and encouraged to attend.)

DECEMBER 2007/JANUARY 2008

THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/13

Fall Meetings and IN PHOTOS Events

FROM TOP LEFT-RIGHT: A panel at the Corporate Counsel Forum discusses the latest developments in antitrust; Hon. Deborah Platt Majoras, Chairman of the Federal Trade Commission, and VBA Corporate Counsel Section chair Michael Beverly; Criminal Law Section chair James M. Hingeley with Capital Defense Workshop coordinator Prof. David I. Bruck; Hon. Majoras addresses the Corporate Counsel audience; attendees of the the Administrative Law Conference mingle at the reception.

Pictures from: 9th Annual VBA Corporate Counsel Fall Forum. 3rd Annual VBA Virginia Health Care Practitioners Roundtable. 15th Annual VBA Capital Defense Workshop. 58th Annual Region IV National Moot Court Banquet. 13th Annual VBA Administrative Law Conference.
TOP: A panel at the Administrative Law Conference focuses on administrative and regulatory issues; LEFT: Hon. Elizabeth B. Lacy, Senior Justice of the Supreme Court of Virginia, addresses attendees of the Moot Court banquet; BOTTOM: An ice sculpture greets the attendees of the Moot Court banquet

14/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

DECEMBER 2007/JANUARY 2008

Save the date: April 16, 2008, will be the inaugural National Health Care Decisions Day.
All across the country, health care facilities, health care professionals, chaplains, the legal community and others will be participating in a collective effort to highlight the importance of making advance health care decisions and to provide tools for making these decisions. All VBA Health Law Section members are encouraged to participate in this event. Nathan A. Kottkamp of McGuireWoods LLP in Richmond is chair of the National Health Care Decisions Day Coalition.Watch for more details!

FROM TOP LEFT-RIGHT: Administrative Law Section Council chair James P. Guy, II stands with Hon. William J. Howell, Speaker of the Virginia House of Delegates and section vice chair Mike Quinan; Health Law Section Council members T. Braxton McKee, Thomas W. Greeson, Patrick C. Devine, Jr. and Alan S. Goldberg at the Health Care Practitioners Roundtable; VBA staff members run the registration table; the Corporate Counsel Fall Forum had a full audience. Attendees at the Capital Defense Workshop listen in; Past VBA President Jeanne F. Franklin talks about alternative dispute resolution at the roundtable;

Baliles Award

Continued from page 7

Foundation and served as chairman of the Commission on the Academic Presidency and for the Task Force on the State of the Presidency in Higher Education, for the Association of Governing Boards of Universities and Colleges. In addition to 10 honorary degrees, Baliles holds a bachelors degree from Wesleyan University and a J.D. from the University of Virginia Law School. He became the Miller Centers fifth director in April 2006. Founded in 1975, the Miller Center is a nonpartisan public policy institution devoted to studying, examining and sharing information about American government and the presidency and promoting discourse and bipartisan consensus in issues of national and international

policy. Governor Baliles and his wife Robin reside in Charlottesville. Lacy retired from active status on the Supreme Court of Virginia earlier this year. She is now a member of The McCammon Group, a provider of dispute resolution services based in Richmond. She is a graduate of Saint Marys College and the University of Texas Law School and also holds a LL.M. from the University of Virginia School of Law. She was an adjunct professor of law at the University of Richmond from 1995-2003, holds numerous honorary degrees and is the recipient of many awards, including the Robert R. Merhige, Jr. Outstanding Achievement Award from the John Marshall American Inn of Court and the William Green Award from the University of Richmond School of Law.

In addition to extensive teaching, lecturing and presenting on a variety of legal and law-related subjects, Lacy has chaired many educational policy bodies within the bar and the judiciary, including the Section of Legal Education and Admissions to the Bar and the Advisory Board, Central and Far Eastern European Law Initiative, of the American Bar Association and the Advisory Committee for the Masters in Law in the Judicial Process program at the University of Virginia. While on the Supreme Court, she chaired a task force on gender bias in the courts and a committee on unrepresented litigants in Virginia courts. Justice Lacy, a Richmond resident, is married to D. Patrick Lacy, Jr. They have four children and two grandchildren.

DECEMBER 2007/JANUARY 2008

THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/15

BOOK REVIEW
Business and Commercial Litigation in Federal Courts, Second Edition
Robert l. Haig, Editor-in-Chief (Thomson/West and ABA Section of Litigation, 2005) (eight volumes)

BY JAMES C. ROBERTS, ROBERT L. BROOKE AND AMY G. MARINO

Robert L. Haig, a commercial and products liability litigator and partner in the law firm of Kelley Drye & Warren LLP in New York City, has once again enlisted able help from the American Bar Associations Section of Litigation and Thomson/West to provide a comprehensive manuscript that is useful to any commercial litigator. Few resources provide such a clear and concise analysis of all issues that a commercial or business litigator may face in her day to day practice. Mr. Haig successfully expanded the First Edition from six volumes to eight, and coordinated the comprehensive work of 199 principal authors, including 17 distinguished federal judges. New chapters contain many subjects that are important to litigators: Case Evaluation; Discovery of Electronic Information; Litigation Avoidance and Prevention; Techniques for Expediting and Streamlining Litigation; Litigation Technology; Litigation Management By Law Firms; Litigation Management By Corporations; Civility; Director and Officer Liability; Mergers and Acquisitions; Broker-Dealer Arbitration; Partnerships; Commercial Defamation and Disparagement; Commercial Real Estate; Government Entity Litigation; and E-Commerce. The series also expanded the previous edition by incorporating over 1,800 pages of pocket parts. The series provides more than just an overview of various topics that a practitioner may confront in federal court. It provides a hands-on approach to creating a step-by-step strategy in any federal case. For example, a lawyer using 16/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL one of the new sections regarding case evaluation can quickly access practical considerations in how to advise his client, how to respond to a complaint, whether or not to bring a counterclaim, and numerous checklists of essential allegations and defenses, and other procedural matters. Not only are such practical considerations helpful for the younger associate attorney who may need a simple guideline through the quagmire of various federal procedures, but they can help the more experienced practitioner find an immediate answer for his client. While these eight volumes cannot address every issue at law, they can certainly lay the groundwork for any substantive research project. By way of illustration, when researching the issue of what constitutes a reasonable inquiry in response to a request for admission, in order to answer that a party is unable to admit or deny under Rule 36 of the Federal Rules of Civil Procedure, one will be directed to Volume 3, Chapter 24 on Requests for Admission, which provides citations to several key cases on that issue. Additional research references, such as Wests KeyCite Numbers, are available to direct the diligent lawyer to yet more case law on the same topic. The first 53 chapters of the set focus on procedural issues, such as evaluation and investigation of the case, jurisdiction, pleading, discovery (including electronic discovery), trial practice, witnesses, evidence, damages, alternative dispute resolution, attorneys fees, costs, sanctions and enforcement of judgments. Chapters 54 through 60 focus on a variety of issues involving case management, such as techniques for streamlining litigation, litigation technology and management by firms or corporations, as well as ethical issues and civility in commercial cases. The next 36 chapters focus on substantive causes of actions that are typically raised in the business and commercial context, such as antitrust, securities, mergers and acquisitions, admiralty and maritime law, contracts, insurance, banking, communications, intellectual property, competition, franchising, construction, ecommerce and more. The purpose of these sections is not to present a comprehensive legal treatise on each substantive point of law, but rather to provide a survey of them, so that the practitioner can quickly target the essential issues and establish her

ABOUT THE AUTHORS

James Roberts and Robert Brooke are partners and Amy Marino is an associate at the Troutman Sanders law firm in Richmond. Mr. Roberts has handled thousands of civil and criminal cases and numerous appeals in state and federal courts in Virginia throughout his 44 year career as a trial lawyer. His practice area focuses on energy, special investigations, complex litigation and government law. Mr. Brookes practice focuses on intellectual property and technology counseling and litigation; trademark and copyright prosecution; intellectual property audits management and registration of intellectual property assets; intellectual property, technology, Internet and e-commerce licenses and agreements; and litigation and dispute resolution of intellectual property and technology disputes. Ms. Marino counsels companies and individuals on protection and enforcement of their trademark, trade secret, and copyright assets, and specializes in handling the legal affairs of musicians and other persons in the music industry.

DECEMBER 2007/JANUARY 2008

litigation goals in each area of the law. The sample jury instructions, relevant to the causes of action discussed in the series, are also extremely useful. They can save the time of culling through numerous cases and statutes, since such instructions are not often readily available to the federal district courts. Also, many of the instructions are straight forward, leaving little room for confusion. The sample jury instruction on plaintiffs burden of proof in a copyright case, for example, reads: For you to find in favor of the Plaintiff, the Plaintiff must prove that it is the owner of a valid copyright for the work at issue and that the defendant copied the Plaintiffs protected work. The Second Edition is again supplemented with a helpful set of forms on CD Rom. One criticism is that these forms, when opened with Microsoft Word, are converted and often appear jumbled and unformatted. Perhaps it would be more advantageous for Thomson/ West to include other versions of the

books@vba.org
The VBA Law Practice Management Division has established an agreement with the American Bar Association to sell ABA books to all members of the VBA/LPMD that is, all members of The Virginia Bar Association at a 20 percent discount. You can go to www.vba.org, click on a link to the Book Program, peruse a list of books, and print out an order form to send to the VBA office with your payment. NOTE: ALL books published by the ABA - not just one listed on the VBA website - are available with the 20 percent discount. You must, however, place your order through the VBA office to receive the discount
documents on the CD Rom, so that they are more compatible with different operating systems and applications. Overall, the series is very easy to use. One need only pick up the first volume to find an index of all the chapters. Each chapter is also preceded by an in-depth outline, including a headline for each subsection in each chapter. The final volume also contains a table of the jury instructions, a table of statutes, a table of cases, and a detailed index. The Second Edition of Business and Commercial Litigation in Federal Courts continues to be a very useful tool for any practitioner, and, although it is not intended as the conclusive resource of all of the subjects discussed within, it covers the most significant points for each topic adequately and comprehensively. Thus, it may be used as a starting point for any comprehensive legal research project, or as a last-minute savior for the busier litigator.

DECEMBER 2007/JANUARY 2008

THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/17

THANK YOU VBA FOUNDATION PATRONS FOR 2007

AS OF DECEMBER 1, 2007
Charles B. Arrington, Jr., Esq., Richmond Edward D. Barnes, Esq., Chesterfield J. Edward Betts, Esq., Richmond David P. Bobzien, Esq., Fairfax Thomas C. Brown, Jr., Esq., McLean Hon. Rudolph Bumgardner, III, Staunton Stephen D. Busch, Esq., Richmond Marshall M. Curtis, Esq., Reston Hon. Rodham T. Delk, Jr., Suffolk E. Tazewell Ellett, Esq., Alexandria Patricia K. Epps, Esq., Richmond John D. Epps, Esq., Richmond Kevin L. Fast, Esq., Vienna G. Franklin Flippin, Esq., Roanoke Allen C. Goolsby, Esq., Richmond Virginia H. Hackney, Esq., Richmond F. Claiborne Johnston, Jr., Esq., Richmond David Craig Landin, Esq., Richmond Glenn C. Lewis, Esq., Washington, D.C. James V. Meath, Esq., Richmond Steven R. Minor, Esq., Bristol J. Lee E. Osborne, Esq., Roanoke G. Michael Pace, Jr., Esq., Roanoke Gordon P. Peyton, Jr., Esq., Alexandria Stephen C. Price, Esq., Leesburg Gant Redmon, Esq., Alexandria Douglas P. Rucker, Jr., Esq., Richmond Dexter C. Rumsey, III, Esq., Irvington Harry Shaia, Jr., Esq., Richmond Frank A. Thomas, III, Esq., Orange Guy K. Tower, Esq., Richmond Lucia Anna Trigiani, Esq., Alexandria William R. Van Buren, III, Esq., Norfolk G. William Watkins, Esq., Waynesboro Robert B. Webb, III, Esq., Tysons Corner Anne Marie Whittemore, Esq., Richmond Gary L. Wilbert, Esq., Charlottesville Hon. G. Steven Agee, Richmond Hon. Samuel W. Coleman, III, Richmond John G. Dicks, III, Esq., Richmond Alan G. Fleischer, Esq., Richmond Jeanne F. Franklin, Esq., Alexandria Lane R. Gabeler-Millner, Esq., McLean Ilona E. Grenadier, Esq., Alexandria Hon. Robert Hurt, Chatham Hon. Marc Jacobson, Norfolk Elaine R. Jordan, Esq., Richmond Heman A. Marshall, III, Esq., Roanoke Christopher C. North, Esq., Newport News Hon. Daniel F. OFlaherty, Alexandria Philip W. Parker, Esq., Roanoke Anita O. Poston, Esq., Norfolk James C. Roberts, Esq., Richmond George H. Roberts, Jr., Esq., Lexington Charles F. Seabolt, Esq., Lynchburg John S. Shannon, Esq., Norfolk Thomas G. Slater, Jr., Esq., Richmond Roy D. Snyder, Jr., Esq., Alexandria Hon. F. Bradford Stillman, Norfolk Raymond H. Suttle, Esq., Newport News F. Blair Wimbush, Esq., Norfolk Robert C. Wood, III, Esq., Lynchburg

Benjamin C. Ackerly, Esq., Richmond Hon. David H. Adams, Norfolk Harry L. Addison, III, Esq., Virginia Beach Hon. William N. Alexander, II, Rocky Mount Prof. Neill H. Alford, Jr., Charlottesville Ashby B. Allen, Esq., Richmond Hon. James F. Almand, Arlington Hon. Thomas M. Ammons, III, Virginia Beach Hon. Rosemarie P. Annunziata, Richmond Hugh T. Antrim, Esq., Richmond Hon. Jonathan M. Apgar, Roanoke Michael Armstrong, Esq., Richmond Adam J. August, Esq., McLean William J. G. Barnes, Esq., Glen Allen Kyle F. Bartol, Esq., Alexandria Ronald C. Barusch, Esq., Washington D.C. William M. Baskin, Esq., Great Falls Dennis I. Belcher, Esq., Richmond Sidney L. Berz, Esq., Virginia Beach Guenet M. M. Beshah, Esq., Richmond James C. Bishop, Jr., Esq., Roanoke Jonathan T. Blank, Esq., Charlottesville Albert M. Bonin, Esq., Fairfax Lewis T. Booker, Esq., Richmond Hon. Daniel R. Bouton, Orange Robert F. Boyd, Esq., Norfolk William E. Bradshaw, Esq., Big Stone Gap Evans B. Brasfield, Esq., Richmond Hon. Adelard L. Brault, Front Royal Hon. H. Harrison Braxton, Jr., Stafford Louis Brenner, Esq., Portsmouth Hon. William G. Broaddus, Richmond Robert L. Brooke, Esq., Richmond James F. Brown, Esq., Charleston Richard Brown, Esq., Williamsburg Hon. Albert V. Bryan, Jr., Alexandria Francis L. Buck, Esq., Charlottesville Robert P. Buford, Jr., Esq., Richmond Kristina L. Burgard, Esq., Grantham Ann T. Burks, Esq., Richmond Robert L. Burrus, Jr., Esq., Richmond Jack W. Burtch, Jr., Esq., Richmond Hon. M. Caldwell Butler, Roanoke Harris D. Butler, III, Esq., Richmond Hon. Robert L. Calhoun, Alexandria Hon. Samuel E. Campbell, Prince George Leroy T. Canoles, Jr., Esq., Norfolk Hon. Harry L. Carrico, Richmond Joseph C. Carter, Jr., Esq., Richmond Miles Cary, Jr., Esq., Richmond Richard H. Catlett, Jr., Esq., Richmond Hon. Edward T. Caton, III, Virginia Beach Edward L. Chambers, Jr., Esq., Yorktown L. B. Chandler, Jr., Esq., Charlottesville Wallace L. Chandler, Esq., Richmond James L. Chapman, IV, Esq., Norfolk R. Harvey Chappell, Jr., Esq., Richmond Matthew E. Cheek, Esq., Richmond Malcolm M. Christian, Esq., Richmond Hon. Mark C. Christie, Richmond Randolph W. Church, Esq., McLean Henry C. Clark, Esq., Harrisonburg Hon. John E. Clarkson, Norfolk Hon. George M. Cochran, Staunton John V. Cogbill, III, Esq., Richmond I. Mark Cohen, Esq., McLean Stacy M. Colvin, Esq., Richmond C. Lacey Compton, Jr., Esq., Woodbridge Hon. Glen E. Conrad, Roanoke Hon. H. Vincent Conway, Jr., Newport News Anthony E. Cooch, Jr., Esq., Fairfax Hon. Talmage N. Cooley, Waynesboro James E. Cornwell, Jr., Esq., Blacksburg James R. Cottrell, Esq., Alexandria Timothy A. Coyle, Esq., Norfolk Carrie E. Coyner, Esq., Chesterfield James Smyth Cremins, Esq., Richmond Ann K. Crenshaw, Esq., Virginia Beach James A. L. Daniel, Esq., Danville Hon. John W. Daniel, II, Richmond Hon. John J. Davies, III, Culpeper Hon. Mark S. Davis, Portsmouth

Terry H. Davis, Jr., Esq., Norfolk Robert B. Delano, Jr., Esq., Richmond Christian E. DeLuke, Esq., Niskayuna Hon. Ray W. Dezern, Jr., Norfolk Prof. John E. Donaldson, Williamsburg John B. Donohue, Jr., Esq., Richmond Benjamin R. Dorsey, IV, Esq., Richmond Elizabeth P. Doucette, Esq., Lynchburg Hon. Robert G. Doumar, Norfolk Mark S. Dray, Esq., Richmond Richard W. Driscoll, Esq., Alexandria Carroll Dubuc, Esq., Falls Church Benton S. Duffett, III, Esq., Alexandria Hon. Jay E. Dugger, Hampton S. Miles Dumville, Esq., Richmond Hon. Nelson T. Durden, Hampton J. Burns Earle, III, Esq., Harrisonburg C. Thomas Ebel, Esq., Richmond R. Craig Evans, Esq., Mechanicsville Cheshire I. Eveleigh, Esq., Virginia Beach Bernard M. Fagelson, Esq., Alexandria Hugh M. Fain, III, Esq., Richmond Thomas F. Farrell, II, Esq., Richmond Nancy L. Feldman, Esq., Arlington Hon. Walter S. Felton, Jr., Richmond Clyde E. Findley, Esq., Washington D.C. Hon. Johanna L. Fitzpatrick, Richmond John R. Fletcher, Esq., Norfolk Brian N. Fletcher, Esq., McLean George M. Foote, Esq., Washington D.C. James H. Ford, Esq., Martinsville Hon. Dixon L. Foster, Irvington Hon. Paul D. Fraim, Norfolk William E. Franczek, Esq., Norfolk Hon. Humes J. Franklin, Jr., Staunton Malcolm P. Friddell, Esq., Richmond Hon. Jerome B. Friedman, Norfolk Hon. Junius P. Fulton, III, Norfolk Martin A. Gannon, Esq., Alexandria R. Jefferson Garnett, Esq., Louisa Byrum L. Geisler, Esq., Abingdon Ernest K. Geisler, Jr., Esq., Midlothian Jonathan A. George, Esq., Richmond Joseph E. Gibson, Esq., Charlottesville Gerald E. Gilbert, Esq., McLean Paul G. Gill, Esq., Richmond Hon. J. Samuel Glasscock, Suffolk Alan S. Goldberg, Esq., McLean Allen J. Gordon, Esq., Chesapeake Barbara W. Goshorn, Esq., Palmyra Steven B. Gould, Esq., Bethesda Michael W. Graff, Jr., Esq., McLean John L. Gregory, III, Esq., Martinsville Richard L. Grier, Esq., Richmond Hon. Charles D. Griffith, Jr., Norfolk Michael C. Guanzon, Esq., Danville Robin C. Gulick, Esq., Warrenton Richard D. Guy, Esq., Virginia Beach Douglas L. Guynn, Esq., Staunton Ira B. Hall, Esq., Norfolk Gary C. Hancock, Esq., Pulaski Grayson P. Hanes, Esq., Falls Church Kathleen OBrien Hanes, Esq., Vienna John W. Hanifin, Esq., Ocean Ridge Reno S. Harp, III, Esq., Richmond Hon. Dale H. Harris, Lynchburg Audrey L. Harris, Esq., Washington D.C. Ashley P. Harris, Esq., Richmond Joseph E. Hartman, Esq., Washington D.C. Hon. James H. Harvell, III, Newport News Steven J. Harwood, Esq., Norfolk James W. Haskins, Esq., Martinsville Q. Russell Hatchl, Esq., Falls Church Sandra L. Havrilak, Esq., Fairfax John T. Hazel, Jr., Esq., Manassas Hon. William D. Heatwole, Waynesboro John B. Hemmings, Esq., Lexington George H. Hettrick, Esq., Richmond C. Thomas Hicks, III, Esq., Edgewater C. Flippo Hicks, Esq., Gloucester Hon. Marvin C. Hillsman, Jr., Harrisonburg Saundra R. Hirth, Esq., Richmond

LEADERSHIP PATRONS - $500 AND ABOVE

SUSTAINING PATRONS $250 - $499

18/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

P A T R O N S $100 - $249

DECEMBER 2007/JANUARY 2008

James R. McKenry, Esq., Virginia Beach Hon. Richard R.G. Hobson, McLean Hon. A. Linwood Holton, Jr., Richmond Hon. Dennis F. McMurran, Portsmouth James S. McNider, III, Esq., Hampton Richard H. Howard-Smith, Esq., William E. McRorie, Esq., Lynchburg Charlottesville Richard W. Hudgins, Esq., Newport News David S. Mercer, Esq., Alexandria Hon. Thomas J. Michie, Jr., James V. Ingold, Esq., Richmond Harry M. Johnson, III, Esq., Richmond Charlottesville Charles F. Midkiff, Esq., Richmond W. A. Johnston, III, Esq., Winchester Teddy J. Midkiff, Esq., Chesterfield Hon. James P. Jones, Abingdon Hon. Joseph W. Milam, Jr., Danville Hon. W. Wellington Jones, Suffolk James B. Miller, Esq., Arlington Hon. Robert B. Jones, Jr., Richmond Hugh J. M. Jones, III, Esq., Lynchburg Hon. Nathan H. Miller, Harrisonburg Daniel J. Miller, Esq., Norfolk Alan M. Kagen, Esq., Arlington Philip H. Miller, Esq., Staunton Amy G. Kales, Esq., Fairfax James L. Miller, Esq., Norfolk Jonathan L. Kales, Esq., Fairfax Jesse P. Kanach, Esq., Washington D.C. Hon. William C. Mims, Richmond Edward C. Minor, Esq., Courtland John F. Kay, Jr., Esq., Richmond Philip J. Mirarchi, Esq., Quantico John A. C. Keith, Esq., Fairfax Hon. M. Langhorne Keith, Cooperstown Douglas B. Mishkin, Esq., Washington D.C. Herbert V. Kelly, Esq., Newport News Eugene J. Molinelli, Esq., Clifton Peter J. Kenny, Esq., Charlottesville Robert L. Montague, III, Esq., Alexandria Hon. Donald H. Kent, Richmond Tyler Moore, Esq., Roanoke Hon. Edward S. Kidd, Jr., Roanoke Thurston R. Moore, Esq., Richmond Donald E. King, Esq., Richmond Hon. Henry C. Morgan, Jr., Norfolk Hon. Larry B. Kirksey, Bristol Donald R. Morin, Esq., Charlottesville Hon. Jackson L. Kiser, Danville Hon. Joan T. Morris, Newport News Lee C. Kitchin, Esq., Norfolk Frank W. Morrison, Esq., Lynchburg Richard W. Klein, Jr., Esq., Alexandria H. Lane Kneedler, III, Esq., Richmond Hon. Johnny E. Morrison, Portsmouth Otto W. Konrad, Esq., Richmond Hon. W. Tayloe Murphy, Jr., Warsaw J. Sloan Kuykendall, III, Esq., WinchesterGregory L. Murphy, Esq., Alexandria D. Patrick Lacy, Jr., Esq., Richmond L. C. Musgrove, Esq., Roanoke Hon. Elizabeth B. Lacy, Richmond Sharon D. Nelson, Esq., Fairfax Hon. James V. Lane, Harrisonburg E. Carter Nettles, Jr., Esq., Wakefield Chiswell D. Langhorne, Jr., Esq., Hon. R. Terrence Ney, Fairfax Washington D.C. William A. Noell, Jr., Esq., Norfolk Victor W. Lavenstein, Esq., Petersburg Allen R. Norris, Esq., Dayton Thomas T. Lawson, Esq., Daleville Robert C. Nusbaum, Esq., Norfolk Hon. Joseph A. Leafe, Norfolk William P. Oberndorfer, Esq., Bridgewater Benjamin D. Leigh, Esq., Leesburg Charles W. ODonnell, Esq., Falls Church William J. Lemon, Esq., Roanoke Hon. Norman Olitsky, Norfolk Hon. Louis R. Lerner, Hampton Stephen D. Otero, Esq., Richmond Michael H. Levinson, Esq., Virginia Beach Aubrey J. Owen, Esq., Winchester Hon. Charles F. Lincoln, Marion Fred W. Palmore, III, Esq., Richmond Thomson Lipscomb, Esq., Boydton Sharon E. Pandak, Esq., Woodbridge George B. Little, Esq., Richmond David W. Parrish, Jr., Esq., Charlottesville Hon. James A. Luke, Emporia Hon. Carleton Penn, Leesburg Harvey S. Lutins, Esq., Roanoke Frank N. Perkinson, Jr., Esq., Roanoke Benjamin P. Lynch, Jr., Esq., Suffolk Hon. Von L. Piersall, Jr., Portsmouth Matthew J. MacLean, Esq., McLean C. Cotesworth Pinckney, Esq., Richmond J. Madison Macon, Esq., Richmond Allan R. Plumley, Jr., Esq., Arlington Marcia M. Maddox, Esq., Vienna Hon. Gammiel G. Poindexter, Sussex Donald J. Maher, Jr., Esq., Wichita Hon. Charles E. Poston, Norfolk John R. Powell, Esq., McLean R. Shawn Majette, Esq., Richmond James L. Malone, III, Esq., New Canaan Lisa A. Price, Esq., Washington D.C. Glenn W. Pulley, Esq., Danville James H. Maloney, Esq., Falls Church Gordon F. Rainey, Jr., Esq., Richmond Susan A. Manardo, Esq., Bridgewater Steve A. Mandell, Esq., Washington D.C. Alfred M. Randolph, Jr., Esq., Norfolk William M. Richardson, Esq., Richmond Robert W. Mann, Esq., Martinsville Hon. Stephen W. Rideout, Alexandria Donald O. Manning, Esq., Arlington Michael L. Rigsby, Esq., Richmond R. Hunter Manson, Esq., Reedville Hon. John F. Rixey, Virginia Beach Wade W. Massie, Esq., Abingdon Vincent J. Mastracco, Jr., Esq., Norfolk Cheryl L. Roberts, Esq., Roanoke Hon. Joshua L. Robinson, Luray Hon. James S. Mathews, Norfolk William R. Mauck, Jr., Esq., Richmond William F. Roeder, Jr., Esq., McLean Ronald M. Maupin, Esq., Spotsylvania Nancy N. Rogers, Esq., Richmond Thomas H. Rose, Jr., Esq., Stony Creek Robin J. Mayer, Esq., Lexington Hon. Jane Marum Roush, Fairfax J. Robert McAllister, III, Esq., Fairfax Hon. Harry P. Rowlett, Jonesville Steven C. McCallum, Esq., Richmond Joshua C. Rubin, Esq., Arlington F. Sheild McCandlish, Esq., Clifton Eugene W. McCaul, Esq., Mechanicsville Jack B. Russell, Esq., Richmond C. Edward Russell, Jr., Esq., Norfolk William J. McConnell, Esq., Ft. Myers John F. Rutledge, Esq., Longboat Key Howard C. McElroy, Esq., Abingdon Hon. Stanley E. Sacks, Norfolk James R. McGarry, Esq., Martinsville Hon. Pamela Meade Sargent, Abingdon John D. McGavin, Esq., Fairfax Hon. John J. McGrath, Jr., Harrisonburg Bradford B. Sauer, Esq., Richmond Steven G. Schwartz, Esq., Boca Raton Charles W. McIntyre, Jr., Esq., Virginius R. Shackelford, III, Esq., Washington D.C.

Orange HonGeorge W. Shanks, Esq., Luray Joseph M. Sharnoff, Esq., Oakton Hon. William H. Shaw, III, Gloucester Prof. Robert E. Shepherd, Jr., Richmond Hon. Paul F. Sheridan, Arlington Harriette H. Shivers, Esq., Roanoke Robert E. Shoun, Esq., Fairfax Donald E. Showalter, Esq., Harrisonburg Prof. Kent Sinclair, Charlottesville Laurence E. Skinner, Esq., Washington D.C. Alexander H. Slaughter, Esq., Richmond Edward R. Slaughter, Jr., Esq., Charlottesville Hon. Franklin M. Slayton, South Boston David S. Smith, Esq., Richmond Dennis J. Smith, Fairfax R. Gordon Smith, Esq., Richmond Margaret H. Smither, Esq., Richmond Paul R. Smollar, Esq., Washington D.C. Jamila D. Smoot, Esq., New York Hon. Beverly W. Snukals, Richmond Judge Jeri K. Somers, Washington D.C. George A. Somerville, Esq., Richmond Henry C. Spalding, III, Esq., Richmond Hon. Joseph E. Spruill, Jr., Tappahannock Thomas Stark, III, Esq., Amelia Harold E. Starke, Jr., Esq., Richmond Hon. J. Warren Stephens, Newport News Hon. Roscoe B. Stephenson, Jr., Richmond Hon. L. Neil Steverson, Richmond Hon. M. Lee Stilwell, Jr., Danville Hon. William F. Stone, Jr., Roanoke Phillip C. Stone, Esq., Bridgewater Lewis T. Stoneburner, Esq., Richmond Hon. Diane M. Strickland, Roanoke Robert E. Stroud, Esq., Charlottesville G. R. C. Stuart, Esq., Abingdon William J. Sturgill, Esq., Norton Richard C. Sullivan, Jr., Esq., Falls Church Professor Timothy J. Sullivan, Williamsburg Frank L. Summers, Jr., Esq., Staunton David H. Sump, Esq., Norfolk Hon. James R. Swanson, Salem Hon. Harry T. Taliaferro, III, Warsaw Jon M. Talotta, Esq., McLean Hon. Lydia C. Taylor, Norfolk William L. Taylor, Esq., Richmond Paul B. Terpak, Esq., Fairfax Anthony M. Thiel, Esq., Norfolk Lori D. Thompson, Esq., Roanoke

Betty A. Thompson, Esq., Arlington T. Huntley Thorpe, III, Esq., Warrenton Hon. Douglas O. Tice, Jr., Richmond Hon. Winship C. Tower, Virginia Beach Hon. Wenda K. Travers, Manassas Benjamin J. Trichilo, Esq., Fairfax Hon. Alfred M. Tripp, Norfolk Hon. Anthony F. Troy, Richmond John W. Truban, Esq., Winchester Stephanie L. Trunk, Esq., Fairfax Hon. James C. Turk, Roanoke Hon. George D. Varoutsos, Arlington Robert T. Vaughan, Jr., Esq., Danville Prof. Walter J. Wadlington, Charlottesville John L. Walker, III, Esq., Richmond Edward B. Walker, Esq., Roanoke Scott C. Wall, Esq., Martinsville M. Bruce Wallinger, Esq., Harrisonburg Edmund L. Walton, Jr., Esq., Reston Fletcher D. Watson, Esq., Covington Donald L. Wetherington, Esq., Fincastle Hon. John E. Wetsel, Jr., Winchester Samuel I. White, Esq., Virginia Beach Hon. Gordon A. Wilkins, Warsaw Hon. Richard L. Williams, Richmond Doreen S. Williams, Esq., Falls Church J. Paul Williamson, Esq., Washington Jesse B. Wilson, III, Esq., Fairfax Hon. Robert B. Wilson, V, Hampton Sara Redding Wilson, Esq., Richmond Barry A. Wilton, Esq., Richmond William F. Wong, Esq., San Francisco Clifton A. Woodrum, III, Esq., Roanoke Roland C. Woodward, Esq., Richmond Hon. Dean S. Worcester, Leesburg Hon. Wiley R. Wright, Jr., Lancaster Hon. Archer L. Yeatts, III, Richmond Hon. James S. Yoffy, Richmond Paul A. Zucker, Esq., Falls Church Hon. Calvin H. Childress, Virginia Beach Frances F. Goldman, Esq., Richmond Donald N. Goldrosen, Esq., Fairfax John H. Graham, Esq., Marion Hon. Melvin R. Hughes, Jr., Richmond Wendy F. Inge, Esq., Richmond Shirley B. Jamison, Esq., Boones Mill Hugh S. Meredith, Esq., Virginia Beach Alexandra M. Reams, Esq., Washington Hon. Louis A. Sherman, Norfolk John C. Smuck, Esq., Washington J. Raymond Sparrow, Jr., Esq., Fairfax Elizabeth P. Williams, Esq., New York R. Allan Wimbish, Esq., Virginia Beach

What makes lawyers successful?

How do you define success? What have been your greatest accomplishments? What values do you hold in highest regard? Name one of your heroes. What is your biggest concern about life on the planet? What is fun? What especially galls you? What do you want to make sure you accomplish before you die? Read Honorable Jean Cunninghams answers to these and a dozen more questions designed to give you a look at what makes him a successful lawyer in the upcoming edition of TCL.

virginia.thecompletelawyer.com
TCL is a collaborative effort of The Virginia Bar Association in cooperation with The Complete Lawyer, LLC, Copyright 2007

DECEMBER 2007/JANUARY 2008

THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/19

DONORS

Young Lawyers Division What I Really Want to Say: Thanks and Praise from a Humbled, Outgoing YLD Chair
BY MATTHEW E. CHEEK
As I prepare to pass the gavel into the extremely capable hands of the VBA YLDs Chair-Elect, Livy Haskell, I was asked to write a farewell article. I started drafting a very boring piece about the things Ive learned during my bar service. One discarded article was titled Friendship, Partnership and Membership. I thought that sounded cute. But, over the past eight years, many of you have already heard me drone on and on about these topics. Youve heard me harp on the importance of long-range planning, the need for a consistent, organized membership initiative, the strength of strategic partnerships with other community service agencies and bar affiliates, and the congealing power of fun. Youve helped brainstorm about these issues over teleconferences, during intense working sessions and over the occasional late-night cocktail. So theres no need to do that again here. Plus, for my farewell remarks, its not really what I want to say. Instead, I want to say THANK YOU to each of my VBA YLD colleagues and to every member of the VBA Staff. I want to throw a mirror in their faces and encourage them to realize how much theyve done for our beloved organization this year. To do this, Id like to share a few isolated snapshots from 2007 and shine the spotlight where it belongs. RELIABLE LEADERSHIP. Thanks to nearly 100 VBA YLD young lawyer leaders, so many of our programs virtually ran themselves in 2007. Take, for instance, our committees on Disaster Legal 20/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL

I want to say THANK YOU to each of my VBA YLD colleagues and to every member of the VBA Staff. I want to throw a mirror in their faces and encourage them to realize how much theyve done for our beloved organization this year.
Assistance, Domestic Violence, Law the Norfolk-Portsmouth program School Councils, Law School Liai- in all six other food bank regions son, Lawyers for the Arts, Mentor throughout the Commonwealth. In Program, Model Judiciary, National partnership with the Federation of Moot Court, Pro Bono Hotlines, Pro- Virginia Food Banks and the Attorfessionalism and Civility in Prac- ney Generals Office, the VBA YLD tice, Town Hall Meetings, Wills for agreed to undertake this momenHeroes and Youth Court Expansion tous challenge and installed the unProject. THANK YOU to each of the flappable Katja Hill from LeClair young lawyer leaders who helped Ryan and Chris Gill from Christian keep these programs running at & Barton to lead the charge. After such a consistently high level. You several months of planning, the First Annual Legal Food Frenzy took know who you are. place statewide on April 2-13, 2007. NEW MEMBERSHIP INITIABy the end of the two-week food TIVES. In 2007, Derek Swanson drive, the VBA YLD helped to raise from McGuire Woods and his merry a staggering 679,000 pounds of food band of newly-minted membership from more than 170 public employchairs helped to bring the vision of ers, private employers and law a sophisticated multi-regional schools throughout the Commonmembership program into reality. wealth (far in excess of an original THANK YOU all for your leadergoal of 500,000 pounds). The VBA ship. And dont lay off the gas. Im convinced that your efforts will pay dividends for years to come. THE FIRST ANNUAL LEGAL FOOD FRENZY. Sixteen years ago, the Norfolk-Portsmouth Bar Association began a foodraising drive in conjunction with the Food Bank of Southeastern Virginia. Over time, the success of this program gained the The Fab Five who orchestrated the First Annual Virginia attention of Virginia At- Diversity Job Fair [from L to R]: Dana Dews, Monica torney General Bob McCarroll, Elaina Blanks, Nicole Terry and Karen Robinson McDonnell who, in late 2006, proposed an audacious plan: to replicate DECEMBER 2007/JANUARY 2008

YLD was publicly recognized by the Attorney General and was lauded by the VBA Board of Governors and many others. I was given the opportunity to accept a plaque from the Attorney General and accepted praise from many others. But nothing could have made me feel guiltier. Other than installing the right leadership, I hadnt really done anything. You did. So THANK YOU. THE FIRST ANNUAL DIVERSITY JOB FAIR. The Commonwealth has some of the finest law schools in the country, but unfortunately loses some of the best diversity candidates to employers in New York, Chicago, Atlanta, Charlotte, Washington and elsewhere. This has long frustrated Virginian employers and law school placement professionals. So, in conjunction with Virginias Law Schools, the Richmond Area Recruiters Association, the American Bar Association, the Richmond Diversity Alliance and other bar affiliates, five intrepid VBA YLD leaders banded together to do something about this. The result was the First Annual Diversity Job Fair, held in Richmond at the Embassy Suites on August 18, 2007. Approximately 100 students and 20 public and private sector employers participated in this inaugural event. THANK YOU to Elaina Blanks from Kaufman & Canoles, Dana Dews from Goodman, Allen & Filetti, Monica McCarroll from Williams Mullen, Karen Robinson from Kaye Scholer and Nicole Terry. This will be a flagship program for many years to come. We all salute your vision and tenacity. FINANCIAL LITERACY BROCHURE. THANK YOU to Rudene Bascomb from Hunton & Williams and Malloy Evans from Fannie Mae who, under a tough deadline and supported by a generous grant from the Virginia Law Foundation, created one of the most professional and substantive publications weve ever produced: a financial literacy handbook for high school students entitled Making the Grade: EstablishDECEMBER 2007/JANUARY 2008

ing Good Credit. THANKS ALSO to Kimberly Pierro from Kutak Rock who is helping to deploy this handbook through our new partnerships with the Virginia Society of CPAs, the Jump Start Financial Literacy Program, the Virginia Bankers Association and the Virginia Association of Community Banks. STRATEGIC PARTNERSHIPS. The VBA YLD couldnt get half of its work done without the help of close friends in non-profits, bar affiliates and state agencies. To name just a few: the American Bar Association, County and City School Boards, Junior Achievement, each of Virginias Law Schools, Lawyers Helping Lawyers, Legal Aid Societies, Regional Bar Associations, Richmond Diversity Alliance, Richmond City Police Department, Richmond Area Recruiters Association, Virginia Attorney Generals Office, Virginia CLE, Virginia Court of Appeals, Virginia Department of Motor Vehicles, Virginia Department of Emergency Services, Virginia Food Federation, Virginia Law Foundation, Virginia State Bar Young Lawyers Conference, Virginia Supreme Court, and YMCA. THANK YOU for your support, effort and partnership. There certainly is strength in numbers. PREDECESSORS AND SUCCESSORS. A long line of VBA YLD chairs taught me everything I needed to know about bar leadership. David

Anthony, Vaughan Aaronson, Steve Otero, Stacy Colvin, King Tower, Braxton Hill and Lori Thompson: THANK YOU for your example. Livy Haskell and Turner Broughton, THANK YOU in advance for the next two years worth of strong leadership. Youre both going to accomplish great things. VBA STAFF. I have no idea how the VBA Staff does it. With a modest budget and a small group of unbelievably dedicated soldiers, the VBA delivers quality programs, legal education, publications and member services along with the most fun and invigorating meetings of the year. Frankly, our VBA YLD staff liaison, Jeremy Dillon, deserves a darned medal. THANK YOU to each member of the VBA Staff for your remarkable commitment to our organization. GOOD TIMES. Finally, THANK YOU for the good times. Kilts. Bowling. Gambols. Lost afternoons by the Homestead pool. Seeing how far baby monitors stretch at the Sanderling. Voeklers family fire drill. Smashing crackers into the floor at Sunset Grille. Cocktails overlooking the mountains at Wintergreen. Enough said. On my behalf and on behalf of a deeply grateful VBA YLD, THANK YOU ALL AND GOOD LUCK IN 2008.

The VBA YLD Executive Councils Spring Meeting at the Sanderling Resort in Duck, NC.

THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/21

Community Service Program Pro Bono Opportunity Spotlight

Williamsburg Legal Outreach Clinics

Legal Outreach Clinics started in October 2005 as a partnership between the Williamsburg Bar Association, William and Mary Law School and Community Action Agency as a way to reach the economically disadvantaged in Williamsburg following Legal Aid standards. Four clinics are held per year with each being held in a specifically designated area. The organizations ask that laywers that practice in the Williamsburg courts volunteer four hours per year, or for one clinic. Each clinic consists of six to eight lawyers and eight to ten law students. The William and Mary law students sign up to participate through Robert Kaplan, Associate Dean and Director of Externships, at the school. The law students who volunteer at the clinics get to see the process through from start to finish, gaining valuable experience and the opportunity to work the experienced lawyers while seeing how they interact with clients. Around 30 clients show up to each clinic. They must first make appointments so that the appropriate types of lawyers can be recruited to volunteer at that particular clinic. After being greeted with coffee and doughnuts, a law student does the initial consultation with the client making sure they meet the Legal Aid standards and to get a basic idea of the clients needs. The law student then takes the synopsis to one of the facilitators who then sends them to the correct lawyer. The lawyer then meets with client to provide legal advice and, if necessary, representation. The clinics target certain areas of law: consumer law, immigration law, wills/estate planning, employment law, social security, uncontested divorce, landlord/tenant and real property, protective orders, restoration of driving privileges, restoration of civil rights, Medicaid,

custody and support. The clinics are advertised through various outlets. A few weeks before a specific clinic, flyers are sent home with children in grade schools in that particular area. Also, the clinic is publicized on the local county television channel and newspaper, The Virginia Gazette. The clinics have been met with slow and steady success throughout the Williamsburg area. For more information on how to get involved in a Legal Outreach Clinic or information on how to start a similar program, contact Kelli King, co-chair, at kking-law@cox.net or 757229-0001.

2008 Williamsburg Legal Outreach Clinics January 26, 2008 - James River Recreation Center (Grove) March 29, 2008 - Toano Middle School (Toano) July 12, 2008 - William and Mary Law School (City of Williamsburg) October 18, 2008 - Warhill High School (Centerville) Each clinic is held from 10 AM to 1 PM

The Community Service Program Annual Meeting Events

The Community Service Program Council encourages all FIVE For FIVE Community Service Food Drive The VBA begins its fifth year of the Community Serlawyers and law administrators to participate vice Program at the VBA Annual Meeting! This year, we are collecting non-parishable food items, in nonSaturday, January 19, 2008 - 9:30 AM breakable containers to donate at the CSP exhibit booth. Our goal is five (or more) per person but all donations Pro Bono Roundtable: An Open Forum on the are welcomed. The Williamsburg Area United Way will Mechanics, Logistics and Politics of Administering a distribute the much needed food to area food banks. Pro Bono Publico Program Thank you in advance for helping feed the hungry and promote the CSP spirit of lawyers in community service.
22/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL DECEMBER 2007/JANUARY 2008

PROFESSIONAL ANNOUNCEMENTS
Spotts Fain PC is pleased to announce that Michael James Rothermel has been named an Officer and Director of the firm. Mr. Rothermel joined Spotts Fain in 2000 and has built a thriving practice specializing in administrative law, commercial real estate, zoning and land use. Mr. Rothermel currently serves on the Board of Directors of the Henrico County Bar Association and is also a member of the Richmond Bar Association. He is a 1999 graduate of the T.C. Williams School of Law at the University of Richmond. The VBA News Journal offers classified advertising. Categories available are as follows: positions available, positions wanted, books and software, office equipment/furnishings, office space, experts, consulting services, business services, vacation rentals, and educational opportunities. Rates are $1 per word for VBA members and $1.50 per word for nonmembers, with a $35 minimum, payable at the time of submission. Ad costs must be paid in advance. Professional announcements may be printed; the cost per announcement is $15 and text may be edited for style and space limitations. Deadlines are one month in advance of the date of publication. Information is available online at www.vba.org, or call for details at (804) 644-0041. Information about display advertising is available online at www.vba.org. A variety of sizes may be purchased and special rates are available for multiple insertions. As with other forms of advertising, costs must be paid in advance. The VBA News Journal reserves the right to review all copy before publication and to reject material deemed unsuitable.

The VBA News Journal is accepting unsolicited articles and ideas. For more information contact Kim Kovac at kimkovac@vba.org or 804-644-0041.
Does the VBA have your current contact information? If you experienced a change in 2007 please call the VBA office at 804-604-0041 or e-mail thevba@vba.org to update your information.
United States Postal Service Statement of Ownership, Management and Circulation (Requester Publications Only), PS Form 3526-R. 1. Publication Title: VBA News Journal. 2. Publication Number: USPS 093-110. 3. Filing Date: October 1, 2006. 4. Issue Frequency: Bimonthly. 5. Number of Issues Published Annually: 6. 6. Annual Subscription Price: $30. 7. Complete Mailing Address of Known Office of Publication: The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219-2503. 8. Complete Mailing Address of Headquarters or General Business Office of Publisher: Same. 9. Full Names and Complete Mailing Addresses of Publisher, Editor and Managing Editor. Publisher, The Virginia Bar Association, same. Editor: Caroline B. Cardwell, same. Managing Editor: N/A. 10. Owner: The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219. 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None. 12. The purpose, function and nonprofit status of this organization and the exempt status for federal income tax purposes has not changed during preceding 12 months. 13. Publication Title: VBA News Journal. 14. Issue Date for Circulation Data Below: June/July 2007. 15. Extent and Nature of Circulation. Average No. Copies Each Issue During Preceding 12 Months: a. Total Number of Copies (Net press run): 6331. b. Legitimate Paid and/or Requested Distribution (By Mail and Outside the Mail). (1) Individual Paid/Requested Mail Subscriptions Stated on PS Form 3541: 5905. (2) Copies Requested by Employers for Distribution to Employees by Name or Position Stated on PS Form 3541: 0. (3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales and Other Paid or Requested Distribution Outside USPS(R): 0. (4) Requested Copies Distributed by Other Mail Classes Through the USPS (e.g. First-Class Mail(R)): 0. c. Total Paid and/or Requested Circulation: 5905. d. Nonrequested Distribution (By Mail and Outside the Mail): 92. e. Total Nonrequested Distribution: 92. f. Total Distribution: 5997. g. Copies Not Distributed: 371. h. Total: 6468. i. Percent Paid and/or Requested Circulation: 92.71%. No. Copies of Single Issue Published Nearest to Filing Date: a. Total Number of Copies (Net press run): 6352. b. Legitimate Paid and/or Requested Distribution (By Mail and Outside the Mail). (1) Individual Paid/Requested Mail Subscriptions Stated on PS Form 3541: 5937. (2) Copies Requested by Employers for Distribution to Employees by Name or Position Stated on PS Form 3541: 0. (3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales and Other Paid or Requested Distribution Outside USPS(R): 0. (4) Requested Copies Distributed by Other Mail Classes Through the USPS (e.g. First-Class Mail(R)): 0. c. Total Paid and/or Requested Circulation: 5937. d. Nonrequested Distribution (By Mail and Outside the Mail): 92. e. Total Nonrequested Distribution: 92. f. Total Distribution: 6029. g. Copies Not Distributed: 323. h. Total: 6352. i. Percent Paid and/or Requested Circulation: 98.47%. 16. Publication of Statement of Ownership for a Requester Publication is required and will be published in the December 2007 issue of this publication. 17. Signature and Title of Editor, Publisher, Business Manager, or Owner: Caroline B. Cardwell, Editor. Date: October 1, 2006. (Current Editor Kim Kovac effective October 22, 2007)

DECEMBER 2007/JANUARY2008

THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/23

Member- Get-A Member- Get-A-Member (and Save!)

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