BUDGET AND FINANCE
William D. Cremins, chair, presented the proposed 1998-99 Virginia State Bar budget, which contained no new programs or controversial items. It was unanimously approved by Council. The Standing Committee on Budget & Finance anticipated that by June 30, 2000, the bar's reserve will have been reduced to 7% of the operating budget. The Executive Committee approved the committee's offer to distill the budget down to a brief document in the coming year showing what programs the bar offers, at what cost, and to what benefit. This should be helpful in determining by the year 2000 whether to increase dues or reduce programs.
LAWYER DISCIPLINE
J. Edward Betts, chair, presented an amendment to Part 6, Section IV, Paragraph 13C.(5)(a) of the Rules of the Virginia Supreme Court to expedite the disciplinary process by allowing the Clerk of the Disciplinary System to serve a charge of misconduct on a respondent once the matter has been certified to the Disciplinary Board from a district committee or subcommittee. It would also allow the case to be set for hearing if the respondent were served with notice at least 21 days before the hearing date. Council recommended the amendment for approval by the Supreme Court of Virginia.
UNAUTHORIZED PRACTICE OF LAW
Council approved and recommended to the Virginia Supreme Court UPL Opinion #191 on the permissible role of paralegals. The opinion had been published for comment in the May issue of the Virginia Lawyer Register.
BENCH BAR RELATIONS COMMITTEE
The Special Committee on Bench-Bar Relations presented draft guidelines which Council approved, that were designed for local bars to respond effectively to unfair criticism of judges and the judicial system when it occurs. The guidelines will be available to local bar associations. Council viewed a videotape about jury service similar to one which the committee may produce.
PROFESSIONALISM COMMITTEE
Council amended the by-laws of Council, as proposed by Joseph A. Condo, to include at least three current or former members of the Professionalism Course faculty on the Standing Committee on Professionalism, and at least two members of the Virginia State Bar Council.
ACCESS TO LEGAL SERVICES
Council tabled a proposed Rule of Court, Paragraph 21, to create circuit pro bono committees to assess the unmet civil legal needs of the poor and enhance pro bono participation by lawyers in each circuit. The Access to Legal Services Committee will present the rule in October for action by Council after addressing concerns voiced at the June meeting.
MANDATORY CONTINUING LEGAL EDUCATION
Council received the MCLE Board's report on MCLE Opinion No. 16 about criteria for approval of courses offered via Internet technology and an amendment to the Board's regulations as to what qualifies for ethics or professionalism credit.
NOMINATING COMMITTEE
Council adopted the report of the committee chaired by Robert B. Altizer, Immediate Past President, including the election of Michael A. Glasser to the Executive Committee. It also approved the conversion of the Judicial Nominations Committee to one based on VSB Disciplinary Districts rather than on Congressional Districts, which are often subject to change.
VIRGINIA MODEL RULES OF PROFESSIONAL CONDUCT
Dennis W. Dohnal, chair, won approval of the final proposed rules of
the Virginia Model Rules of Professional Conduct: Rule 1.16 concerning termination
of repre- sentation and retention of client files; Rule 4.3 dealing with
unrepresented persons; Rule 5.3 about responsibilities regarding non-lawyer
assistants; Rule 7.1 about publicity and advertising; and Rule 7.3 addressing
the circumstances under which certification of a lawyer can be communicated.
The rules will now be presented to the Virginia Supreme Court with the bar's
recommendation that they be approved effective January 1, 2000. n