Here We Go Again!

How was your year as bar president? This is a fairly frequent question from friends and acquaintances, and each time I am faced with the problem of finding a tactful way to explain that I just got started on the job, but that I am very excited about the upcoming year. This recurring experience leaves me with no illusions about how closely most members of the Virginia State Bar follow exactly what goes on with the unified bar of our state. Nonetheless, I know that what the Virginia State Bar does and does not do can have a significant impact on the legal profession in Virginia, so I want to take this opportunity to outline what lies ahead.

This year will see the culmination of several important projects that have been in the works for several years. First and most critical to our mission is the completion of our work on the Virginia Rules of Professional Conduct. After several years of hard work by the committee headed by Denny Dohnal and consideration and approval by Bar Council, the petition seeking approval of the new rules has just been submitted to the Supreme Court. The proposed rules represent a complete updating and re-formatting of the ethical rules in Virginia which should make them more "user friendly" and more comparable to the rules adopted in other states. The substance will not vary dramatically from the present Code of Professional Responsibility. Once the rules have been adopted, there will be a ripple effect as they work their way through every aspect of the VSB. Legal Ethics Opinions will have to be cross referenced; the Professionalism Course materials will need revision; those who administer our disciplinary system at every level will have to begin working with the new rules on a daily basis; and all of us will need to continue familiarizing ourselves with the new format.

Also on tap for this year are the final preparations for implementation of LOMAP (Law Office Management Assistance Program). Bob Altizer put the plans for this program in motion several years ago, and it is now scheduled to get underway on July 1, 1999. LOMAP programs are operating successfully in a number of states, and our version will offer to Virginia practitioners expert support and assistance in a number of areas relating to basic techniques of office management from trust accounts to technology. It is our hope that LOMAP will become a trusted resource, particularly to those lawyers outside of large firms who need a hand with the many business issues that are prevalent in practice, but are not addressed in law school.

Pro bono legal services are definitely an important part of our agenda for this year. When this topic is discussed, several questions invariably come up. Generally, the first issue is "how can we encourage lawyers to do more pro bono?" This is usually followed in short order by "how can we ever know how much pro bono activity is really going on?" Both of these questions are addressed by the proposed new ¶ 21 of the Rules of the Supreme Court of Virginia, Part 6, Section IV, which will be considered by Bar Council at its October meeting. This proposed rule calls for the establishment of a pro bono committee in each judicial circuit to be appointed by the chief judge of the circuit consisting of representatives of bench, bar, legal aid societies, and pro bono services providers. Having the chief judge of each circuit involved in these committees will, we hope, serve as an encouragement to the lawyers in the circuit to become more involved in pro bono work. The chief judges are in an excellent position to educate their local bar members about the rich tradition of rendering free legal services, and the benefits of such services to each one of us and to the profession as a whole, not to mention to the clients we serve.

The second issue mentioned above relating to measurement of pro bono activity is also addressed by the proposed rule in that it provides for an annual report from each committee which describes the services and activities in the circuit during the year. By design, this reporting requirement is extremely flexible, but it will allow each circuit to fashion a reporting style which best suits its individual program. This system will permit us to begin to measure not only the work which is done through the auspices of legal aid offices around the state, but also work which lawyers do privately in their own offices, not to mention the huge number of hours which are regularly contributed to legal work on behalf of religious, charitable and civic groups. There appears to be no real disagreement with the time-honored commitment that our profession has made to the provision of legal services to the needy. The proposed circuit-based committees should serve to encourage more participation in this traditional service and to make it easier for us to credibly tell the story of all that is done.

As you will recall, several years ago we reduced annual dues from $185 to $169 in order to spend down the excess reserve funds which had been accumulating for some time. At that time, we also announced our intention to keep dues at that level (the second lowest of any unified bar in the country) until the year 2000, if at all possible. As that date draws nigh and our reserves dwindle, the Budget and Finance Committee, chaired by Bill Cremins, has some critical work to do. This year, the Budget and Finance Committee will conduct a study of all of our programs seeking all sorts of input and carefully measuring each against our mission statement. After analyzing the programs, income and spending of the bar, the committee will report its findings and make recommendations to the Bar Council. While a dues increase may well be required in 2000, we will do our best to ensure that such a measure is absolutely necessary in order to continue to carry out our mission faithfully.

The picture of what the VSB will be doing in the coming year cannot be close to complete without mentioning that our system of lawyer regulation will continue to operate at full speed in spite of somewhat limited resources. Barbara Williams, Bar Counsel, and Paul Terpak, Chair of the Standing Committee on Lawyer Discipline, are exercising energetic and wise leadership in this vital area.

It looks like another busy year. I am looking forward to the challenges that lie ahead, and I thank you for allowing me the privilege to serve as your president.