Virginia State Bar. An agency of the Supreme Court of Virginia

June 19, 2013

VSB Dues Can Be Paid Online

Lawyers can now renew their Virginia State Bar membership and pay their dues online.

Online Membership Renewal is available to members in good standing with active, active/Virginia corporate counsel, and associate memberships. Members also still have the option of renewing by postal mail. Dues statements were mailed June 14, 2013.

The online service accepts individual attorney renewals only.

Access is provided through the secure “Member Login” area of VSB.org. As with the paper statements, members who choose “Online Membership Renewal” certify whether they are covered by a professional liability insurance policy, select what voluntary sections they wish to join, and pay their mandatory annual dues (including the mandatory $25 Clients’ Protection Fund fee), plus any section dues, by credit card.

The site accepts MasterCard and Visa, which can be applied to dues-related payments only. These include late fees that accrue after the membership compliance deadline of July 31. The membership renewal, insurance certification, and dues payment are processed immediately, and a receipt is issued.

Access to the Online Membership Renewal option is available until early October, when attorneys are administratively suspended for membership noncompliance.

More information.

 

Updated: Jun 19, 2013

June 19, 2013

VSB Multijurisdictional Practice Task Force seeking public comment on proposed amendment to Rule 5.5

The Virginia State Bar’s Multijurisdictional Practice Task Force (“MJP Task Force”) is seeking public comment on proposed amendments to Comments 5 and 13 to Rule 5.5 of the Virginia Rules of Professional Conduct. Comments are due by July 31, 2013 to the VSB offices, or publiccomment@vsb.org.

Updated: Jun 19, 2013

June 18, 2013

Council Seeks Comment on Proposed Change to Bylaws

The VSB’s Council is seeking public comment on a proposal to increase the size of the Executive Committee from 13 to 16 members. Comments are due by September 13 to the VSB offices, or publiccomment@vsb.org.

View the proposed change.
 

Updated: Jun 18, 2013

June 17, 2013

Highlights of the June 13, 2013, Virginia State Bar Council Meeting

At its meeting on June 13, 2013, in Virginia Beach, the Virginia State Bar Council heard the following significant reports and took the following actions:

Budget

The council approved a $14.66 million budget for 2013-14. This is an increase of $1,088,989 over the 2012-13 operating budget. The budget includes a 2 percent raise for VSB staff and $500,000 in increased expenditures due to relocating the VSB offices.

Office Relocation

Executive Director Karen A. Gould said that six buildings have been identified as possible locations for the VSB offices. That list will be narrowed to three and those will be test-fitted for the bar’s requirements. The VSB's broker will then negotiate with the broker for the chosen site.

Amendments to VSB Bylaws Regarding Executive Committee Membership

The council approved 62 to 5 the motion to amend the bylaws giving the Diversity Conference a seat on the Executive Committee. A proposal to increase the size of the committee from 13 to 16 was suspended.

Rule Changes

The council unanimously approved changes to Rules of Professional Conduct 1.11, conflicts of interest; 1.15, safekeeping property; and 5.4, independence of a lawyer.

Resolutions

The council unanimously approved resolutions honoring W. David Harless for his years of service and his law firm for its support of Harless during his years as an officer and service on the VSB Council.

 

Updated: Jun 17, 2013

June 15, 2013

Kevin E. Martingayle is President-elect of the Virginia State Bar

Kevin E. Martingayle, of Virginia Beach, is the Virginia State Bar’s new president-elect. He will serve for a year, then succeed Sharon D. Nelson for the 2014-15 term as the first president from Virginia Beach.

Martingayle took office June 14 during the VSB’s annual meeting in Virginia Beach.

Martingayle, an owner and partner of Bischoff Martingayle PC, just completed two terms as a 2nd District representative on the VSB Council and is chair of the Better Annual Meeting Committee. He serves on the Executive, Budget and Finance, and Legal Ethics committees.

He also is a member of The Virginia Bar Association, Virginia Beach Bar Association, Virginia Trial Lawyers Association, and Federal Bar Association.

Martingayle has extensive involvement in the community. He is founder and race committee member of the Allen Stone Memorial Run-Swim-Run and 5K Run; founder and event coordinator of the Virginia Beach Brave Heart Run-Swim-Run; and legal advisor to the Virginia Beach Volunteer Rescue Squad.

Martingayle is a native of Richmond and graduated from Collegiate High School in 1985. He is a graduate of Hampden-Sydney College and has a law degree from the University of Virginia School of Law, 1991.

His practice focuses on appeals; civil, commercial, employment, and estate litigation; civil rights; and constitutional, land use and zoning, and municipal and administrative law.

He is married to Elisabeth Martingayle and has three children.

 

Updated: Jun 15, 2013

June 15, 2013

Fairfax Attorney Sharon D. Nelson Is President of Virginia State Bar

Sharon D. Nelson, president of Sensei Enterprises Inc. of Fairfax, is the Virginia State Bar’s new president for the 2013-14 term. She heads the state agency that regulates and supports 46,000 Virginia lawyers.

She was sworn in June 14, during the VSB’s annual meeting at Virginia Beach.

She has been a member of the VSB Council and Executive Committee. She also is a member of the bar’s Standing Committee on Budget and Finance and has served as chair of the Technology in the Practice of Law and Unauthorized Practice of Law committees. She is a court-appointed special advocate for abused and neglected children. In addition to her membership in the bar, she is a member of the  Virginia Bar Association, American Bar Association, Fairfax Bar Association, Women in Technology, Virginia Trial Lawyers Association, and Virginia Women Attorneys Association. She also is a former president of the Fairfax Bar Association.

Nelson speaks frequently on legal technology, information security and electronic evidence at bar associations, colleges, law firms, and other organizations in Virginia and across the country.

Nelson has been the president of Sensei Enterprises Inc. since 1997. The company is a digital forensics, information security, and legal technology firm providing IT services to more than 200 law firms and businesses in Virginia, Washington, D.C., and Maryland and forensic services to hundreds of law firms nationwide. She also is a sole practitioner whose practice deals almost exclusively with electronic evidence cases.

Nelson is married to John W. Simek, vice-president of Sensei Enterprises.

 

Updated: Jun 17, 2013

June 10, 2013

CLBA Honors Bar Associations

The following bar associations will receive awards from the Conference of Local Bar Associations during the Virginia State Bar Annual Meeting. The awards recognize projects that serve the bench, the bar, and the people of Virginia.

The CLBA makes information on winning projects available to other groups that want to consider similar programs. For information, contact Paulette J. Davidson at Davidson@vsb.org or (804) 775-0521.

 

AWARDS OF MERIT
For excellence in bar projects

First-time Awardees:

Alexandria Bar Association
Senior Citizens Law Day, partnering with Senior Services of Alexandria to provide factual information to the community about the legal issues related to planning for aging, care needs, and services available to meet the needs of its citizens. Pro bono professionals were available to attendees.

Fairfax Bar Association
Judicial Funding Task Force,, working to restore funding for at least one circuit court and at least one general district court judge until the Supreme Court’s Judicial Workload Study is completed; and attempting to minimize the impact of proposed 5 percent budget cuts for each of the next two years.

Metropolitan Richmond Women’s Bar Association
Judicial Programs Project, providing association members with multiple opportunities to meet with members of the judiciary.

Roanoke Bar Association
Handling Section 1983 Civil Rights Cases in Federal Court, providing a CLE program to increase the number of attorneys qualified to be added to the court-appointed list for Section 1983 cases.

Salem/Roanoke County Bar Association
Lawrence L. Koontz, Jr. Opinions Project, a seven-volume collection of the published judicial opinions of Justice Koontz during his tenures on the Court of Appeals of Virginia and the Supreme Court of Virginia.

 

Sustained Project:

Metropolitan Richmond Women’s Bar Association
Mentorship Program, helping new attorneys and law students since the 2004-05 bar year to navigate their careers and to provide learning and networking opportunities to participants.

Southwest Virginia Workers’ Compensation Bar Association
Quarterly Luncheon CLE Program, providing low-cost, innovative, and educational programs to members of the bar and other interested professionals.

 

CERTIFICATES OF ACHIEVEMENT
For high achievement in bar projects

Alexandria Bar Association
Resolvers Program, which assists pro se parties who do not have the resources to hire an attorney or to seek alternative advice and guidance when attempting to resolve issues surrounding custody and support of their children, and to assist the Juvenile and Domestic Relations Court with its heavy caseload.

Loudoun County Bar Association
Back to School Drive, to provide a resource to the community and to assist needy families with the cost of supplies needed at the beginning of school.

Metropolitan Richmond Women’s Bar Association
MRWBA Website Project, increasing publicity for the members and providing members and the public access to information about the association.

The Prince William County Bar Association Inc.
Breakfast at S.E.R.V.E., working with Securing Emergency Resources through Volunteer Effort, the Young Lawyers Group of the PWC Bar provides Sunday breakfast for about forty residents of the organization’s shelter, half of whom are children.

Virginia Women Attorneys Association
Justice is a Woman: Women and the Judiciary, an event designed to encourage more women to seek judicial positions.

 

Updated: Jun 10, 2013

May 31, 2013

Virginia State Bar E-News, June 2013

Check your mail – Dues statements will be mailed June 14. The annual dues must be physically received at the Virginia State Bar by July 31, or delinquency fees will be assessed. All active members must pay the Clients' Protection Fund assessment and provide a completed and signed Mandatory Certification Regarding Professional Liability Insurance, also by July 31. Separate fines will be assessed for unpaid dues, unpaid CPF fees, and incomplete liability insurance certifications. Beginning June 17, you may renew your membership, certify your liability insurance coverage, join VSB sections, and pay your dues online by going to Member Login on the VSB home page.

Enclosed in your dues statement is a request for voluntary contributions to Legal Services Corporation of Virginia. Please take a moment to read the appeal and consider a donation. If your firm takes care of your dues payment for you, please ask the person responsible for opening and handling your dues form mailing to forward the legal aid donation letter to you personally.

Congratulations to the newly elected, reelected, and Court-appointed members of the Virginia State Bar Council.

The Virginia State Bar has been asked to evaluate candidates for a vacancy on the U.S. District Court – Eastern District of Virginia. Applications must be submitted by June 7, and interviews of candidates will take place on July 8 at the VSB offices in Richmond.

The VSB Council will be considering proposed amendments to Rules 1.11, 1.15, and 5.4 of the Rules of Professional Conduct by the Standing Committee on Legal Ethics at their meeting on June 13.

The Committee on Legal Ethics is seeking public comment on three proposed advisory LEOs by July 3:

• LEO 1870 – Application of Rule 4.2 in Cases where a Guardian Ad Litem has been Appointed to Represent a Child
• LEO 1871 – Inadvertent Receipt of Confidential Information during the Discovery Phase of Litigation
• LEO 1875 – Conflict Issues When a Government Lawyer is Furloughed from Employment and Asked to Continue Representing the Agency

LEO 1869, Assisting Pro Se Litigants – Courthouse Assistance Program, has been issued as final.

Last call for Annual Meeting online registration. Online pre-registration will be accepted until 5 p.m. Monday, June 10, or register on-site in Virginia Beach. Sharon D. Nelson of Fairfax will be sworn in as the 75th VSB president on Friday, June 14.

The Virginia Law Foundation, the philanthropic arm of Virginia's legal profession, is seeking an Executive Director.

Awards:

• Lori D. Thompson and Polly Chong have been named Local Bar Leaders of the Year by the Conference of Local Bar Associations.
• Darrel Tillar Mason has been recognized with the Virginia State Bar Diversity Conference’s Clarence M. Dunnaville Jr. Achievement Award.
• The Young Lawyers Conference will present its 2013 R. Edwin Burnette Jr. Young Lawyer of the Year Award to Christopher R. Fortier of Vienna.
• Thomas Forster, a senior at Rockbridge County High School in Lexington, has been awarded first place in the 2013 Law in Society Contest.

Updated: May 31, 2013

May 28, 2013

Vienna Attorney Named Young Lawyer of the Year

The Virginia State Bar Young Lawyers Conference will present its 2013 R. Edwin Burnette Jr. Young Lawyer of the Year Award to Christopher R. Fortier of Vienna.

The award recognizes young lawyers who demonstrate dedicated service to the conference, the legal profession, and the community. It is named in honor of Lynchburg Judge R. Edwin Burnette Jr., past president of the VSB (1993-1994) and the YLC (1985-1986). The award will be presented on June 14, 2013, at the Virginia State Bar Annual Meeting in Virginia Beach.

Fortier has been chair of the Young Lawyers Conference annual Professional Development Conference for two years and last year expanded that program from Richmond to a second location in Northern Virginia. He also has planned to expand it to Hampton Roads later this year. The Professional Development Conference provides courses in basic substantive legal skill training to Virginia lawyers.

YLC president Brian R. Charville noted that Fortier worked with attorneys at Hunton & Williams and the VSB staff to expand the program and arranged for attendees and presenters at both locations. “In his work on the PDC he has demonstrated creativity, implementing skills, and a real selflessness in service of the program and its participants.”

Fortier also founded the Professional Development Series, which he envisioned in late 2012 as a vehicle for broadcasting YLC programs and other bar organizations' content throughout the bar year, one program each week. He recorded the Professional Development Conference segments and content from other bar organizations including the American Bar Association’s Young Lawyer’s Division and developed a schedule to air the programs. He also has worked with VSB staff to develop a website and its contents. “While the PDS is still quite new and its effects aren't yet known, there is no doubt that Chris's vision and hard work have led to the creation of a useful practice resource for the YLC's members,” Charville wrote. “Chris simply has enviable abilities to brainstorm and implement programs that serve our profession well.”

Fortier is a graduate of James Madison University and the Appalachian School of Law. He grew up in Poquoson and he and his wife Brittany live and practice law in Vienna.

Updated: Jun 10, 2013

May 24, 2013

The Supreme Court of Virginia to Review Proposed Amendments to Rule 3A:11

The Supreme Court of Virginia is considering proposed amendments to Rule 3A:11 related to discovery in criminal cases. See the full proposed changes here.

Comments on the proposed amendments to the Rule should be sent by July 1, 2013, to:

Patricia L. Harrington, Clerk Supreme Court of Virginia
100 North Ninth Street 5th Floor
Richmond, VA 23219

OR via email with the subject line "comment on criminal discovery Rule" to: scvclerk@courts.state.va.us.

 

Updated: May 24, 2013

May 23, 2013

Darrel Tillar Mason Honored for Commitment to Civil Rights and Equal Opportunity

Darrel Tillar Mason will receive the Virginia State Bar Diversity Conference’s Clarence M. Dunnaville Jr. Achievement Award at the Virginia State Bar’s annual meeting on June 14 in Virginia Beach.  Mason is being honored for fostering, encouraging, and facilitating diversity and inclusion in the bar, the judiciary, and the legal profession. 

Mason, of Manakin Sabot, “Has been a champion of civil rights and equal opportunity her entire forty year professional career,” attorney Marni E. Byrum wrote in nominating her for the award. “Darrel has been a stalwart soldier in the trenches of fighting for equal rights in employment and education as well as a leader in advancing the legislative changes to protect those rights. Darrel is a credit to the legal profession and deserving of recognition by the Diversity Conference.”

 In 1973, after receiving her master’s degree from Virginia Tech, Mason wrote the school’s first affirmative action plan. After receiving her law degree from the University of Virginia in 1981, Mason represented plaintiffs in a number of civil rights cases and in the 1990s began representing children with disabilities and their families.

In 2000 Mason founded the Center for Special Education Advocacy, a nonprofit organization dedicated to serving families of disabled children experiencing challenges in securing an appropriate education. She was appointed to the Virginia Office of Protection and Advocacy in 2010 and became chair in 2012. She is also the president of the Virginia Disability Law and Advocacy Fund which supports the work of VOPA.

In addition to her work as an advocate for disabled children, Mason has given uncounted hours of service to the legal profession in Virginia. She served on the VSB Council from 1990-96 and was reappointed in 2009 and again 2012 by the Supreme Court of Virginia. She has been a member of the Virginia Women Attorneys Association since it was founded in 1981 and has served as treasurer and president as well as editor of VWAA’s legal journal. Mason formerly served as vice president of the State Board of Education and chaired the state’s Council on the Status of Women, both gubernatorial appointments.

She has served on the VSB’s Special Committee on Lawyer Financial Responsibility, the Standing Committee on Legal Ethics, the Fee Dispute Resolution Committee, the Special Committee on Lawyer Malpractice Insurance, the board of the Senior Lawyer’s Conference, the Better Annual Meeting Committee, and the Nominations Committee.

Updated: May 23, 2013

May 21, 2013

Council Members Announced

The following persons have been newly elected, reelected, or Court-appointed to three-year terms on the Virginia State Bar Council. The terms begin July 1, 2013.

Circuit Representatives

    Newly elected:

Daniel M. Schieble of Virginia Beach, 2nd Circuit
Nicholas D. Renninger of Portsmouth, 3rd Circuit
Carl Phillips “Phil” Ferguson of Suffolk, 5th Circuit
Special election, Ballots due 6/3/13, 11th Circuit
Christy E. Kiely of Richmond, 13th Circuit
Alex R. Gulotta of Charlottesville, 16th Circuit
John H. Crouch and Harry A. Dennis III, both of Arlington, 17th Circuit
James A. Watson II of Fairfax, 19th Circuit
Christine Mougin-Boal of Leesburg, 20th Circuit
Lee H. Turpin of Chatham, 22nd Circuit
David B. Neumeyer of Lynchburg, 24th Circuit
Joseph M. Bowen of Tazewell, 29th Circuit
 

    Reelected:

David W. Lannetti of Norfolk, 4th Circuit
Peter D. Eliades of Prince George, 6th Circuit
Raymond B. Benzinger of Arlington, 17th Circuit
Sean P. Kelly of Fairfax, 19th Circuit
Mark K. Cathey of Roanoke, 23rd Circuit
W. Andrew Harding of Harrisonburg, 26th Circuit
Richard L. Chidester of Pearisburg, 27th Circuit
Gifford R. Hampshire of Manassas, 31st Circuit

    Newly appointed council members at-large:

Nancy C. Dickenson, Abingdon

    Reappointed council members at-large:

Michael HuYoung, Richmond
Beverly P. Leatherbury, Eastville

 

The following persons will serve one-year terms on the council:

Conference representatives:

Eugene M. Elliott, Jr. of Roanoke — chair, Conference of Local Bar Associations
Rupen R. Shah of Staunton — chair, Diversity Conference
John M. Oakey, Jr. of Richmond — chair, Senior Lawyers Conference
Kenneth L. Alger II of Luray — president, Young Lawyers Conference
 

Officers:

    Sharon D. Nelson — president
    Kevin E. Martingayle — president-elect
    W. David Harless of Richmond — immediate past president

Updated: May 22, 2013

May 15, 2013

Two Attorneys Named Local Bar Leaders of the Year

Lori D. Thompson, of LeClairRyan in Roanoke, and Polly Chong, a sole practitioner in Newport News, have been named Local Bar Leaders of the Year by the Virginia State Bar’s Conference of Local Bar Associations.

The award recognizes continued dedication of bar leaders and close cooperation with the VSB.

Thompson has practiced in Roanoke since 1997 when she graduated from the University of Virginia Law School. Her contributions to the local and statewide bars and the community have been extensive and widely recognized.

Thomas H. Miller, president of the Roanoke Bar Association, wrote that, “Many of the ideas for which our bar has been recognized over the last several years were the fruit of the imagination of Lori. …  She is a tireless worker.”

She was president of the Roanoke Bar Association in 2011-12. She is chair of the Roanoke Law Foundation and was one of the originators of its gala. Thompson started the Santa in Square, Day of Service, Mentor Match, and Barrister Book Buddies programs.

She has twice been a member of the board of governors of the Virginia Bar Association and is a past chair of its Young Lawyers Division. She has served on the faculty of the VSB Harry L. Carrico Professionalism Course and is a former president of the board of directors of the Roanoke Chapter of the Virginia Women Attorney’s Association.

Chong has been a member of the Greater Peninsula Women’s Bar Association since 1996. She served as chair of the association’s annual Charity Gala for ten years, was a volunteer for the Color of Justice Program, and a member of the Judicial Nominations Committee.

Elwood Earl “Sandy” Sanders Jr., of Lantagne Legal Printing, wrote that, “Polly Chong is an attorney with a tremendous passion for equal justice under law and demonstrates it by her many civic and bar activities.”

Through the Charity Gala, Chong has helped raise funds for such organizations as the Boys and Girls Club, Transitions Family Violence Services, breast cancer research, CASA, and Big Brothers and Big Sisters.

She is a member of the Old Dominion Bar Association, the I’Anson-Hoffman American Inn of Court, the Downtown Hampton Childhood Development Center, the Hampton-Newport News Community Criminal Justice Board, the Newport News Library Committee, and the Southern Christian Leadership Conference. She also is an attorney for the Southern Police Benevolent Association and a member of Liberty Baptist Church.

The awards will be presented June 14 during the Virginia State Bar’s Annual Meeting in Virginia Beach.

 

Updated: May 15, 2013

May 15, 2013

Fairfax Attorney to become 75th VSB President

Sharon D. Nelson will be sworn in as the 75th VSB president during the VSB Annual Meeting on Friday, June 14.

Online pre-registration will be accepted until Monday, June 10, at 5:00 p.m.

... or register on site in Virginia Beach.

The registration fee of $180 entitles you to attend all of the VSB CLE programs scheduled on Friday, June 14, as well as many of the social events scheduled during the weekend. First Time Attendees — $130

Updated: May 15, 2013

May 13, 2013

VLF Seeks Applications For New Executive Director

The Virginia Law Foundation (VLF), the philanthropic arm of Virginia's legal profession, is seeking an Executive Director.

Updated: May 13, 2013

May 10, 2013

Virginia State Bar Announces 2013 Law in Society Contest Winners

Thomas Forster, a senior at Rockbridge County High School in Lexington, has been awarded first place in the 2013 Law in Society Contest sponsored by the Virginia State Bar and its Litigation Section. Forster will attend Yale University in the fall.

Forster won for his essay “Teacher Intimidation in the 21st Century.” He will receive $2,300. This year’s essay theme had students explore online teacher intimidation by students. Entrants were asked to imagine that they were a legislative aide and write a law making it illegal for students to try to intimidate their teacher online. They were also required to argue in favor of their law and anticipate the arguments of those opposed to it and address them. The essay is available at http://www.vsb.org/site/public/2013-winning-essay.

The Law in Society award was developed to increase awareness of and appreciation for the U.S. Constitution and legal system. Forster’s essay was among dozens submitted by public, private, and homeschooled students in the equivalent of high school. Forster will receive his award during a ceremony at Rockbridge County High School on May 30.

Connor Mills, a senior at James Madison High School in Oakton, and Olivia Laughter, a senior at Douglas Freeman High School in Richmond, placed second and third, respectively. Mills will receive $1,850 and Laughter $1,350.

Five honorable mentions will be awarded to: Mallory Kirby of North Stafford High School in Stafford, Emily Lovekamp of Riverheads High School in Greenville, Sarah Baber of Millbrook High School in Winchester, Alix Nguyen of Massaponax High School in Fredericksburg, and Kevin Zhang of Thomas Jefferson High School for Science and Technology in Herndon.

Each honorable mention will be awarded $250. All winners will receive plaques commemorating their win and the newest edition of Strunk and White’s Elements of Style.

 

Updated: May 20, 2013

May 08, 2013

VSB to Evaluate Candidates for Judicial Vacancy

The Virginia State Bar has been asked by Senators Mark R. Warner and Timothy M. Kaine to evaluate candidates for a vacancy on the U.S. District Court – Eastern District of Virginia.

Candidates are to submit on or before June 7, 2013, a résumé, a brief writing sample and responses to a questionnaire (Word doc) available on the Virginia State Bar website.

Submissions should be sent electronically, and the original questionnaire should be submitted by mail. Interviews of candidates will be scheduled to take place on July 8, 2013, at the Virginia State Bar office at 707 E. Main Street, Suite 1500, Richmond. Contact VSB staff member Asha Holloman, holloman@vsb.org, (804) 775-0551, if you have any questions.

 

Updated: May 15, 2013

May 01, 2013

Virginia State Bar E-News, May 2013

The Supreme Court of Virginia is considering proposed amendments to Rules 1A:1 and 1A:3 related to the admission of foreign attorneys to practice in Virginia without examination, and the procedure for revocation of certificates issued to foreign attorneys. Comments due by May 31.

The Supreme Court of Virginia has approved amendments to Rules 7.1-7.5 of the Rules of Professional Conduct. The amendments move specific examples of lawyer advertising statements or claims from the body of rules to the comment sections, and remove unnecessary and redundant language.

Last call for discounted registration fee for 2013 Annual Meeting, June 13-16. Your registration fee entitles you to attend CLE programs and special events. Rates increase May 13.

Awards:

• W. Joseph Owen III has been named the 2013 recipient of the Tradition of Excellence Award by the VSB’s General Practice Section.
• John R. Rellick has been selected as the recipient of the 2013 Virginia Legal Aid Award by the VSB’s Access to Legal Services Committee.
• The Rule of Law Award Reception and Ceremony will be held May 8 at the Virginia Holocaust Museum in Richmond.
• Nominations are sought for the VSB’s Diversity Conference's Annual Clarence M. Dunnaville Jr. Achievement Award, to be presented at the Annual Meeting on June 14. Deadline is May 15.

Updated: May 01, 2013

April 30, 2013

Tappahannock Attorney Named Legal Aid Award Winner

John R. Rellick, managing attorney for the Tappahannock branch office of Rappahannock Legal Services, has been selected as the recipient of the 2013 Virginia Legal Aid Award by the Virginia State Bar’s Access to Legal Services Committee.

The award recognizes lawyers employed by legal aid societies licensed by the VSB. Recipients are chosen for their advocacy, quality of service, and impact beyond their service area.

Rellick has been the managing attorney of the office since 1984. The office serves the civil legal needs of seven rural Virginia counties of Westmoreland, Richmond, Northumberland, Lancaster, Essex, King & Queen, and King William.

In nominating Rellick, Ann H. Kloeckner, executive director of RLS, wrote, “John is the glue that holds our office together.  He is the generous mentor to other attorneys, both in RLS and throughout the legal services community in Virginia, actively participating in listservs with helpful insights. He is a sensitive advocate, a manager with a light touch, and not afraid to speak up when any injustice is apparent. He enjoys an enviable reputation among all who know him as a compassionate, principled advocate. He is the model all other legal services advocates would do well to emulate.”

William L. Botts III, former RLS executive director, wrote, “John has defined his managing attorney position to encompass service to clients, service to the community and service to RLS. John is known for treating clients with utmost respect and for his patient, caring, and kind nature. … While he is very thorough, methodical, and analytical and gives a lot of time and thought to each client’s case, he is also very productive. Over the years he has routinely had the highest or second highest number of cases closed each year.”

Rellick has a B.A. from Bucknell University and a J.D. from Northwestern University School of Law.

The award will be presented during the Virginia State Bar Annual Meeting June 13-16 in Virginia Beach.

 

Updated: May 01, 2013

April 30, 2013

Register Now to Attend the Annual Rule of Law Award Ceremony

The annual Rule of Law Award reception and ceremony will be May 8 at the Virginia Holocaust Museum in Richmond. This year’s honorees will be the late Murray J. Janus and Roderick B. Mathews. Constitutional scholar and University of Virginia School of Law Professor A.E. Dick Howard will be the keynote speaker.

The event is sponsored by the Nuremburg Courtroom Committee of the Virginia Holocaust Museum and the Virginia Law Foundation. For more information and to register, contact the museum at (804) 257-5400 ext. 239.

 

Updated: May 01, 2013

April 24, 2013

W. Joseph Owen III Named Recipient of the Tradition of Excellence Award

W. Joseph Owen III, whose work as a general practitioner is enhanced by extensive involvement with the Fellowship of Christian Athletes, has been named the 2013 recipient of the Tradition of Excellence Award by the Virginia State Bar’s General Practice Section.

The award recognizes a lawyer who embodies the highest tradition of personal and professional excellence and who has benefitted a community and enhanced the esteem of general practice attorneys in Virginia. It will be presented on June 15 during the VSB annual meeting at Virginia Beach.

Owen, of Midlothian, Virginia, is the founding partner of Owen & Owens.

Law firm partner Sam Kaufman described Owen as the quintessential general practitioner. “It is not uncommon for him to handle a felony criminal matter and a complex civil dispute in the same week,” Kaufman wrote. Owen & Owens co-founder Mary Burkey Owens wrote that Owen is “able to handle a vast array of legal issues and handle them all well.”

Owen serves the community as state chair and member of the national board of trustees for the Fellowship of Christian Athletes and locally for the FCA chapter at Armstrong High School in Richmond. He is a founding member of Northstar Community, a Christian-based organization that assists families struggling with addiction. He is also a member of the University of Richmond’s Athletic Council; he is a speaker for the Strike Out Substance Abuse program; he created the Grayson Owen Firearm pledge in memory of his late son; and he is vice chair of the Chippenham Place Community Development Authority Board.

Owen also is chair of the Chesterfield County Drug Court Foundation, a past member of the board of directors of Virginia Association of Defense Attorneys, and past president of the Midlothian Rotary Club.

He received his law degree from the University of Virginia Law School in 1976 and his B.S. from the University of Richmond in 1972. He and his wife Lori have two sons. One son, Grayson, died as a teenager in a gun accident.

 

Updated: Apr 30, 2013

April 24, 2013

Annual Meeting Features CLE Programs and Special Events

VSB 75th Annual Meeting • June 13-16, 2013

Your Annual Meeting registration fee entitles you to attend the numerous CLE programs and special events sponsored by the Virginia State Bar's conferences and sections.

Friday, June 14

Showcase CLE: – Cocktail Party Advice
Sponsored by the Senior Lawyers Conference
8:45 a.m. – 10:45 a.m.
2.0 MCLE Credits

Friday, June 14

Special Forum: Diversity and the Rule of Law
Sponsored by the Diversity Conference and the VWAA
2:30 p.m.

Saturday, June 15

Special Program: – Virginia Attorney General Debate
Sponsored by the Young Lawyer Conference
9:30 a.m.

See the complete list of CLE programs and special events on the 2013 Annual Meeting website.

 

Updated: Apr 29, 2013

April 17, 2013

Changes to Lawyer Advertising Rules Approved by the Supreme Court of Virginia Effective July 1, 2013

by James M. McCauley, Ethics Counsel

Effective July 1, 2013, the Supreme Court of Virginia has approved amendments to Rules 7.1-7.5 of the Rules of Professional Conduct. The amendments move specific examples of lawyer advertising statements or claims from the body of rules to the comment sections. They also remove unnecessary and redundant language.

Here is how the approved amendments change the current rules.

• The terms “fraudulent” and “deceptive” are removed from Rule 7.1.  A communication that is “false or misleading” violates the rule.
• The disclaimer required for advertising specific or cumulative case results has been removed from Rule 7.2—which has been eliminated in its entirety—and  is now Rule 7.1(b). The disclaimer shall:
  • (i) put the case results in a context that is not misleading; (ii) state that case results depend upon a variety of factors unique to each case; and (iii) further state that case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.
  • The disclaimer shall precede the communication of the case results.
  • When the communication is in writing, the disclaimer shall be in bold type face and uppercase letters in a font size that is at least as large as the largest text used to advertise the specific or cumulative case results and in the same color and against the same colored background as the text used to advertise the specific or cumulative case results.
• Other than specific or cumulative case results, examples of statements or claims considered to be “false or misleading” have been taken out of Rule 7.1 and placed in the comments.  Former subparagraphs (1)-(4) were deleted.
• Comment [1] to Rule 7.1 was substantially rewritten to describe the types of communications subject to regulation under Rule 7.1and to exclude other forms of non-commercial speech.
• Rule 7.2 was eliminated in its entirety, although the specific and cumulative case results disclaimer requirement is now Rule 7.1(b) and provisions in Rule 7.2 regulating written solicitation and paying others to recommend a lawyer have been incorporated within Rule 7.3.
• Rule 7.3 addresses in-person and written solicitation of potential clients.  The amendments to Rule 7.3 remove the current per se prohibition of in-person solicitation in personal injury and wrongful death cases.  Effective July 1, 2013, in-person and written solicitation will be improper only if:
  • the potential client has made known to the lawyer a desire not to be solicited by the lawyer; or
  • the solicitation involves harassment, undue influence, coercion, duress, compulsion, intimidation, threats or unwarranted promises of benefits.
• Rule 7.3 also regulates payment or rewards to persons for recommending employment, prohibiting a lawyer from giving anything of value to a referral source except that the lawyer may:
  • pay the reasonable costs of advertisements or communications permitted by this Rule and Rule 7.1;
  • pay the usual charges of a legal service plan or a not-for-profit qualified lawyer referral service (note that the lawyer referral service must be a non-profit entity);
  • pay for a law practice in accordance with Rule 1.17; and
  • give nominal gifts of gratitude that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer's services.
• Rule 7.3’s regulation of written solicitations has been simplified with regard to the “ADVERTISING MATERIAL” labeling requirement.  
• Rule 7.4 regulates claims of specialization and expertise and the current rule is substantially unchanged by the amendments.
• Rule 7.5 is substantially unchanged with the exception of a new Comment [3] that states that lawyers should practice using the official name under which they are licensed or seek an appropriate and legal change of name from the Supreme Court of Virginia. The lawyer’s use of a name other than the lawyer's name on record with the Virginia State Bar may be a misleading communication about the lawyer's services to the public in violation of Rule 7.1.

Updated: Apr 17, 2013

April 15, 2013

Call for Nominations for Diversity Conference Clarence M. Dunnaville Jr. Achievement Award

Nominations are sought for the Virginia State Bar Diversity Conference's Annual Clarence M. Dunnaville Jr. Achievement Award, named after the award’s first recipient, to be presented at the Virginia State Bar’s Annual Meeting on June 14, 2013, in Virginia Beach.

Nominations should be of individuals who are examples of excellence that members of the bar can emulate to meet its mission and goals of fostering, encouraging, and facilitating diversity and inclusion in the bar, the judiciary, and the legal profession.

Deadline: Wednesday, May 15, 2013

Contact: Peter C. Burnett, peterb@burnettwilliams.com

 

Updated: Apr 15, 2013

April 15, 2013

The Supreme Court of Virginia to Review Proposed Amendments to Rules 1A:1 and 1A:3

The Supreme Court of Virginia is considering proposed amendments to Rules 1A:1 and 1A:3 related to the admission of foreign attorneys to practice in the Commonwealth of Virginia without examination and the procedure for revocation of certificates issued to foreign attorneys. A previous version of these rules was issued for public comment in 2012. See the full proposed changes here.

Comments on the proposed amendments to the Rules should be sent by May 31, 2013 to:

Patricia L. Harrington, Clerk
Supreme Court of Virginia
100 North Ninth Street
5th Floor
Richmond, VA 23219

OR via email with the subject line "comment on Rules" to scvclerk@courts.state.va.us.

Updated: Apr 15, 2013

April 15, 2013

Register Online for the VSB Annual Meeting: Sign Up Now for a Discount

Online registration is now available for the 2013 Virginia State Bar Annual Meeting, June 13-16, in Virginia Beach. All registration fees are the same as 2012.

Register now at a discounted fee of $155 – which also covers all VSB-sponsored CLE programs on Friday, June 14. See the Virginia CLE website for separate registration for the Recent Developments in the Law on Thursday, June 13.

After May 13, 2013, the registration fee increases to $180.

First-time attendees pay only $130, regardless of when they register.

For complete annual meeting schedule and details on CLE programs, special programs, and athletic events, see http://www.vsb.org/special-events/annual-meeting.

Updated: Apr 11, 2013

April 03, 2013

Pro Bono Celebration Features Downtown Richmond Sites

The April 15 Virginia State Bar Pro Bono Award Celebration at the Library of Virginia in Richmond will feature the presentation of the 2013 Lewis F. Powell Jr. Pro Bono Award to the pro bono attorneys affiliated with the Lewis B. Puller Jr. Veterans Benefits Clinic at the William & Mary Law School and the Oliver W. Hill Law Student Pro Bono Award to Washington and Lee School of Law student Monica K. Tulchinsky. VSB President W. David Harless will preside at the 7 p.m. ceremony. A reception for invitees will follow.

This year’s program will start in the morning with guided tours of the Library of Virginia Special Collections and Exhibit on Law and Justice in Virginia and of the nearby federal courthouse that is named for two giants of the law, Spottswood W. Robinson III and Robert R. Merhige Jr.

The afternoon CLE course at the library titled “Eradicating the Justice Gap: Rule 6.1 and Other Tools” will carry 2.5 credit hours for ethics.

The program is open without charge to lawyers, judges, and affiliated professionals who are interested in access to justice issues, though space is limited for the tours. For registration and other details as they become available, go to http://www.vsb.org/site/pro_bono/PB-celebration.

Updated: Apr 03, 2013

April 01, 2013

Virginia State Bar E-News, April 2013

The VSB’s Standing Committee on Legal Ethics is seeking public comment on LEO 1869, “Limited Scope Representation and Pro Se Litigants.” Comments are due by April 30 to the VSB offices, or publiccomment@vsb.org. The committee also issued LEO 1872, “Virtual Law Office and Use of Executive Office Suites,” as final.

The Diversity Conference of the Virginia State Bar will meet at the VSB offices on April 8 to consider and vote on an amendment to the conference bylaws, and to recommend an amendment to the VSB bylaws.

The 2013 edition of the Senior Citizens Handbook is now available, courtesy of the VSB Senior Lawyers Conference.

VSB Events:

• The Solo & Small-Firm Practitioner Forum/Regional Bench-Bar Conference for the 28th, 29th and 30th Judicial Circuits on April 26 in Abingdon will include a Town Hall Meeting, moderated by the Honorable Cynthia D.F. Kinser, Chief Justice, Supreme Court of Virginia, and continuing legal education programs worth 6 hours of CLE credit, including 3 hours ethics and 1.5 GAL (for children) credit (pending).
  
   
• IT’S A GO! The 2013 Midyear Legal Seminar is headed to Paris, November 5-12, with an optional pre-seminar tour to Marseille and Provence, Nov. 1-6. Limited space still available. Don’t delay; register right away. Details and registration information on the Midyear Seminar webpage.

• Online registration will be available soon for the 75th Annual Meeting, June 13-16, 2013, in Virginia Beach.

VSB awards:

• The College of William & Mary president, W. Taylor Reveley III, has been named the second recipient of the William R. Rakes Leadership in Education Award from the Virginia State Bar Section on the Education of Lawyers in Virginia.

• The Volunteer Virginia Attorneys at the Lewis B. Puller Jr. Veterans Benefits Clinic at William & Mary Law School will be awarded the Lewis F. Powell Jr. Pro Bono Award, and Monica K. Tulchinsky, Washington and Lee University School of Law ('13), will be awarded the Oliver W. Hill Law Student Pro Bono Award at the Pro Bono Celebration on April 15 in Richmond. Registration is still open.

• The deadline for Awards of Merit and Local Bar Leader of the Year is April 26.

 

Updated: Apr 02, 2013

March 29, 2013

Standing Committee on Legal Ethics Seeks Public Comment, Issues LEO

The VSB’s Standing Committee on Legal Ethics is seeking public comment on LEO 1869, “Limited Scope Representation and Pro Se Litigants.” Comments are due by April 30 to the VSB offices, or publiccomment@vsb.org. The committee also issued LEO 1872, “Virtual Law Office and Use of Executive Office Suites,” as final.

 

Updated: Mar 29, 2013

March 27, 2013

Diversity Conference to Vote on Bylaws Amendment

The Diversity Conference of the Virginia State Bar will meet at the VSB offices on April 8 to consider and vote on an amendment to the conference bylaws that would allow only lawyer members to serve as chair or chair-elect of the conference.

If the amendment is approved, the Conference will then ask the VSB Council to approve the amendment. The Conference will then ask the executive committee to recommend to Council to amend its bylaws, permitting the Diversity Conference chair to be an ex-officio member of the executive committee.

Updated: Mar 28, 2013

March 26, 2013

W. Taylor Reveley III Receives Virginia State Bar Leadership in Education Award

W. Taylor Reveley III, the 27^th president of the College of William & Mary, has been named the second recipient of the William R. Rakes Leadership in Education Award from the Virginia State Bar Section on the Education of Lawyers in Virginia.

Reveley is being honored for his long-standing and dedicated efforts in the field of legal education. The award recognizes an individual who has demonstrated exceptional leadership and vision in developing and implementing innovative concepts to improve and enhance the state of legal education, and in advancing relationships and professionalism among members of the academy, the bench, and the bar within the legal profession in Virginia.

“Taylor has been an exemplary leader in legal education and in other educational and cultural areas,” said Karen A. Gould, executive director of the VSB.  “His passion for sharing what he has learned through a life spent in education and the law is evidenced by his commitment to volunteer service.  I can think of no other leader who deserves this award more than Taylor Reveley.” 

The award was established in April 2012 to honor former VSB president and founder of the Education Section, William R. Rakes, a senior partner with the Roanoke, Virginia, firm of Gentry Locke Rakes & Moore.

“For many years Taylor Reveley has worked tirelessly to advance the legal profession through the improvement of legal education in law school and throughout a lawyer's career,” Rakes said.  “His background as a practicing lawyer and law teacher along with his leadership as a law firm managing partner, law school dean and now as president of a distinguished college, has afforded him a unique perspective which coupled with his exceptional talents and personal traits have made him an effective leader to whom we are all indebted.  He honors all of us by accepting this award.”

The award is to be presented June 13, 2013, at the Virginia State Bar’s annual meeting in Virginia Beach.

Reveley has served the bar and legal education for decades. He is the College of William & Mary’s John Stewart Bryan Professor of Jurisprudence. He was previously dean of the William & Mary Law School and earlier practiced law at Hunton & Williams for almost three decades, including nine years as the firm’s managing partner. 

Reveley received his A.B. from Princeton University's Woodrow Wilson School of Public and International Affairs in 1965. He received his J.D. from the University of Virginia in 1968. During the United States Supreme Court's 1969 term, he clerked for Justice William J. Brennan Jr. Reveley has written extensively about the constitutional division of authority between the president and Congress over American use of force abroad.

He has served on many educational and cultural boards, including those of Princeton University (where he is a trustee emeritus), Union Theological Seminary, St. Christopher's School, the Andrew W. Mellon Foundation, JSTOR, the Carnegie Endowment for International Peace, the Virginia Museum of Fine Arts, the Virginia Historical Society, the Virginia Foundation for the Humanities, the Richmond Symphony, and the Presbyterian Church (USA) Foundation.

Reveley and his wife Helen have four children: Taylor, Everett, Nelson and Helen Lanier; and two daughters-in-law, Margaret Louise (married to Taylor) and Jessica (married to Nelson).   Nominations are invited annually by the board of governors of the Section on the Education of Lawyers. The award is underwritten by Gentry Locke Rakes & Moore. 

Updated: Mar 26, 2013

March 21, 2013

Ronald R. Tweel Honored for Lifetime Achievement in Family Law

Ronald R. Tweel, senior partner of the MichieHamlett law firm in Charlottesville, Va., has been named the 2013 winner of the Betty A. Thompson Lifetime Achievement Award by the Virginia State Bar’s Family Law Section.

The award recognizes people who have demonstrated excellence and integrity and have made a substantial contribution to the practice of family law in Virginia. The award will be presented during the section’s 29th annual Advanced Family Law Seminar on April 25, 2013, in Richmond.

Tweel has practiced law for more than forty years and has been with MichieHamlett since 1975. He has been a substitute judge in general and juvenile district courts and an adjunct professor of law at the University of Virginia School of Law. He also has been chair of the Charlottesville Albemarle Bar Association and chair of the Family Law Section of the Virginia Trial Lawyers Association. He is a member of the Family Law Coalition.

In his letter nominating Tweel for the award, attorney William C. Scott IV noted that Tweel “has given his time to Legal Aid and many charities selflessly and has taken a multitude of pro bono cases throughout his career, even all the way to the court of appeals, never expecting to get paid but always fighting for ‘the little guy.’… Ron Tweel loves the practice of law and he epitomizes what a lawyer should be, providing zealous representation of his clients but also always showing the greatest professionalism while practicing law.”

Tweel is a fellow of the American Academy of Matrimonial Lawyers, the American Bar Foundation, the American College of Family Lawyers, and the Virginia Law Foundation. He is on the board of governors of the National Center for Family Law, University of Richmond.

He received his law degree from the University of Virginia School of Law in 1971. He received his bachelor of science degree from Hampden-Sydney College in 1968.

 

Updated: Mar 22, 2013

March 18, 2013

Veterans’ Advocates to Receive Award for Pro Bono Work

The pro bono attorneys affiliated with the Lewis B. Puller Jr. Veterans Benefits Clinic at the William & Mary Law School are this year’s winners of the 2013 Lewis F. Powell Jr. Pro Bono Award for their service to veterans with service connected disabilities and to active duty service members.

The clinic was started five years ago by former Army JAG Professor Stacey-Rae Simcox. It provides pro bono services to veterans and active duty service members who would not otherwise have legal representation.  The clinic also partners with psychology professionals to provide both legal services and psychological help where needed.

In his letter recognizing the clinic for its work, Virginia State Bar President W. David Harless noted that the VSB Access to Legal Service Committee members chose the lawyers associated with the clinic not only for their foresight and professionalism in helping to provide legal services to veterans with service connected disabilities but also for their role in training and supervising law students.

The Puller Clinic’s mission states: “We are dedicated to helping our wounded military heroes navigate the legal system to obtain the benefits they earned, and training tomorrow’s attorneys to advocate beyond the legal issues by collaborating with other professionals to meet the full spectrum of a veteran’s needs.”

In her nominating letter, Patricia B. Roberts, clinical associate professor of law and director, Clinical Programs, noted that since 2008, the clinic has represented forty-six clients with 343 separate claims. She said the fair market value of the donated services would exceed $45,000 per case. She also noted that through the Puller Clinic’s efforts, nearly $9 million in future disability payments and other monetary benefits have been secured.

“I can think of no better honoree than the students and staff of the Lewis B. Puller Jr. Veterans Benefits Clinic,” Roberts wrote. “Their tireless dedication to pro bono efforts on behalf of the underserved population of veterans with service-connected disabilities, their creativity in working across disciplines and universities to address veteran needs holistically, and their training of pro bono attorneys and non-attorneys alike in the complex area of veterans’ law make them ideally suited to receive this year’s award.”

The Powell award was established by the Special Committee on Access to Legal Services of the Virginia State Bar to honor attorneys and attorney groups that have made outstanding pro bono contributions. The award will be presented April 15 during the Virginia State Bar Pro Bono Award Ceremony in Richmond.

Updated: Mar 18, 2013

March 15, 2013

2013 Version of Senior Citizens Handbook Now Available

If you’re a senior citizen or soon will be, or a family member or caregiver to a senior, the new Senior Citizens Handbook is an invaluable resource. It has been updated with the latest information on a wide variety of subjects since it last was released in 2009. The book includes an overview of just about everything a senior would want to know about the law, financial issues, health care, wills and other documents, and much more. It’s filled with practical advice on issues such as Medicaid, Alzheimer’s disease and landlord-tenant relations. The book offers information on Social Security, assisted living facilities, pensions, probate, power of attorney, and veterans’ issues. It also includes a list of community-service organizations that provide aid to senior services in a large variety of areas.

Members of the Senior Lawyers Conference updated this popular publication of the Virginia State Bar.

Copies of the handbook will be provided to area agencies on aging, public libraries, local bar associations, nursing homes, assisted living facilities, hospitals, and other medical facilities.

Programs presented by the Senior Lawyers Conference utilizing the Senior Citizens Handbook are available to the public. For more information, to schedule a program, or to order copies of the Senior Citizens Handbook please e-mail Stephanie Blanton at blanton@vsb.org or call (804) 775-0576.

Download a PDF copy online.

 

Updated: Mar 25, 2013

March 14, 2013

Washington and Lee Student Named Pro Bono Award Winner

Monica K. Tulchinsky, a member of the class of 2013 at the Washington and Lee University School of Law, is the winner of the 2013 Oliver White Hill Law Student Pro Bono Award.

The award, named for a late Virginia civil rights litigator, recognizes a law student’s commitment to uncompensated or minimally compensated pro bono work and other public service. It is bestowed by the Virginia State Bar Committee on Access to Legal Services.

In nominating Tulchinsky for the award, Mary Z. Natkin, assistant dean and clinical professor, wrote, “The faculty and administration of Washington & Lee University School of Law nominate Monica Tulchinsky … for her steadfast efforts in the public interest, her keen engagement at her uncompensated workplaces, and her outstanding contributions to the school’s public interest programs and initiatives. Her work leads us to believe she will be a lawyer of the highest caliber and committed to serving human rights.”

While a full-time third-year law student, Tulchinsky contributed 163 hours of service with Earth Rights International, where she was the fall 2012 legal and policy intern. She also has volunteered with the Louisiana Capital Assistance Center on the Louisiana Appellate Review Project where she assisted by analyzing criminal case opinions. She also spent the summer of 2011 working with the International Center for Transitional Justice in Chiang Mai, Thailand, and the summer of 2012 with the United Nations Office on Drugs and Crime in Vienna, Austria. She has worked with the defense team at the Guantanamo Military Tribunal and in early 2013 was a legal and policy intern with the International Corporate Accountability Roundtable in Washington, D.C.

Tulchinsky has been chosen as a Carter Fellow for her post-graduate year. Fellows are placed according to their backgrounds and interests in various government institutions in Liberia.

At the law school, Tulchinsky is the symposium editor for the Journal of Civil Rights and Social Justice. She is the founder of the Women’s Mentorship Program. She has been an executive board member of the International Law Society, the co-president of the Women Law Students Organization, and member of Black Law Students Association, and a Black History Month Committee Member.

Tulchinsky lives in Lexington, Virginia. She received her undergraduate degree in international politics, with minors in French and Russian, from Pennsylvania State University.

 

Updated: Mar 14, 2013

March 13, 2013

Supreme Court of Virginia to Review Proposed Revisions to Rule 3A:11

On February 23, 2013, the VSB Council amended the Indigent Defense Task Force proposed revisions to the Supreme Court of Virginia’s Rule 3A:11. The amended report, concerning discovery and inspection, was then forwarded to the Court for its consideration and action, if any. Comments received will also be forwarded to the Court.

view amendments (PDF file)

 

Updated: Mar 13, 2013

March 01, 2013

Virginia State Bar E-News, March 2013

Highlights of the Virginia State Bar Council meeting February 23, 2013 – Bar updates, reports, and a VSB move.

Nominations sought for VSB board and committee vacancies to be filled by Council in June, with terms beginning July 1, 2013. Submit nominations by March 30, 2013.

Comments are sought on a proposed rule amendment intended to bring Rule 5.4, Professional Independence of a Lawyer, into alignment with Va. Code §54.1-3902(B)(1). Comments are due by April 19, 2013.

The Young Lawyers Conference announces a new Professional Development Series (PDS), a weekly podcast devoted to newly sworn in attorneys and young lawyers. The programs will come from local and national sources, presenting programs on basic skills training, the business of the law, mental health issues, and long-term career options. Contact Chris Fortier at crfortier@gmail.com to contribute content.

VSB Events:

• The Solo & Small-Firm Practitioner Forum on March 28 in Smithfield will include a Town Hall Meeting, moderated by the Honorable LeRoy F. Millette Jr., Justice of the Supreme Court of Virginia, several ethics CLEs, and a presentation by President-elect Sharon Nelson on digital forensics.

• The Pro Bono Celebration on April 15 in Richmond will include a visit to the federal courthouse, followed by a tour of the Library of Virginia and a CLE (2.5 Ethics). Recipients of the 2013 Lewis F. Powell Jr. Pro Bono and Oliver W. Hill Law Student Pro Bono awards will be honored at a 7:00 p.m. ceremony.

• Space is still available at the webcast locations for the Ninth Annual Indigent Criminal Defense Seminar: Advanced Skills for the Experienced Practitioner on May 3. You may register for webcasts in Weyers Cave and in Wytheville. The Richmond Convention Center location is sold out. Space at webcasts is limited; don’t delay.

• The Midyear Legal Seminar is headed to Paris November 5-12, 2013. See the VSB’s Midyear Seminar website for details, and registration information.

VSB Awards:

• The General Practice Section of the Virginia State Bar is seeking nominations for its 27th Annual Tradition of Excellence Award.

• The VSB Special Committee on Access to Legal Services is accepting nominations through April 1 for its Virginia Legal Aid Award.

Updated: Mar 01, 2013

February 28, 2013

Midyear Legal Seminar Headed to Paris

The Midyear Legal Seminar Planning Committee has announced Paris, France, the enchanting City of Lights, as the destination for the 2013 Midyear Legal Seminar, November 5-12. Ideally situated in the cultural heart of Paris’s exciting first arrondissement, the Westin Paris-Vendôme has been selected as the hotel for this year’s seminar. Located on Rue de Castiglione, this historic landmark hotel is within walking distance of the Champs-Elysées and is only moments from the Louvre, Jardin des Tuileries, Eiffel Tower, Place Vendôme, Place de la Concorde and the exclusive boutiques of Rue du Faubourg Saint-Honoré. 

Don’t miss the optional pre-seminar extension trip to Marseille & Provence on November 1-6.

See the Virginia State Bar’s Midyear Seminar website for details, including the registration brochure with information on flight schedules, package costs and deposit deadlines.

Updated: Mar 13, 2013

February 28, 2013

Business As Usual for U.S. District Court for the Western District

Chief Judge Glen E. Conrad has issued the following regarding the pending federal budget cuts:

The United States District Court for the Western District of Virginia has formulated plans in anticipation of various contingencies associated with the national budget impasse in the federal government. At this time, it does not appear that the President and Congress will reach a solution in time to avoid spending cuts going into effect. On behalf of our court, I write to advise you that the court does not anticipate any closures, reductions in staff, or reductions in services in the foreseeable future. Court proceedings will take place as scheduled, and the clerk's office will maintain its current operating hours and public services. Should our projected funding levels change, it may be necessary to make appropriate adjustments in levels of service at a later time.

 

Updated: Feb 28, 2013

February 26, 2013

VSB Member Login Will Be Down for Maintenance This Weekend

The member login portion of the website will undergo maintenance and will not be available from 6 a.m. Saturday, March 2, to 6 a.m. Sunday, March 3.

 

Updated: Mar 04, 2013

February 25, 2013

Highlights of the February 23, 2013, Virginia State Bar Council Meeting

At its meeting on February 23, 2013, in Richmond, the Virginia State Bar Council heard the following significant reports and took the following actions:

Mediation Legislation
The council unanimously approved the Supreme Court of Virginia’s request for support for its proposed amendments to Va. Code Sections 8.01-576.10 and 8.01-581.22.

Clients’ Protection Fund
The council unanimously approved the proposed revisions to the Clients’ Protection Fund Rules of Procedure, after an amendment concerning dishonest conduct was approved by a vote of 51 to 13.

Diversity Conference
The motion for Diversity Conference to have a seat on the Executive Committee was tabled by a vote of 46 to 18 on a motion that the Diversity Conference first amend its bylaws to prevent a lay person from becoming chair of the conference.

Proposed Revisions to Va. Sup. Ct. Rule 3A:11
The council approved by a vote of 53 to 3 forwarding the amended report of the VSB’s Indigent Defense Task Force, concerning discovery and inspection, to the Supreme Court of Virginia. Comments received will also be forwarded to the Court.

Payee Notification
The payee notification legislation, previously approved by the council at its October 2012 meeting, was unanimously approved by the General Assembly and is awaiting the governor’s signature.

VSB Headquarters to Move
The bar’s executive director, Karen A. Gould, informed the council that the bar’s lease at 707 E. Main Street in Richmond would not be renewed when it expires on August 31, 2013, but that the lease would be extended into 2014 to give the bar time to find new space, modify it, and move.

 

Updated: Feb 28, 2013

February 22, 2013

Register Now for the Bar Leaders Institute

The Conference of Local Bar Associations will present its Bar Leaders Institute on Friday, March 1, at Lewis Ginter Botanical Garden. Registration is open to current and prospective local and statewide bar leaders.

Updated: Feb 25, 2013

February 11, 2013

Claire Cardwell Presented with Carrico Professionalism Award

The Virginia State Bar Criminal Law Section has presented its 2013 Harry L. Carrico Professionalism Award to Claire G. Cardwell of Richmond. (Shown, left, with Ronald J. Bacigal)

The award was presented on February 1, 2013, during the section’s 43rd Annual Criminal Law Seminar in Charlottesville. The award was named for the former Virginia Supreme Court chief justice who promoted the ideals of professionalism during his forty-two years on the state’s highest court.

Ms. Cardwell earned her bachelor’s degree from the University of Virginia and her law degree from the University of Richmond. She began her career in 1984 and in 1989 opened her own practice focusing on criminal defense and civil litigation in federal and state courts. In 1994 Ms. Cardwell became chief deputy commonwealth’s attorney in Richmond. She later served as acting capital defender for the Central Region Indigent Defense Commission. She has been an adjunct professor of law at the University of Richmond since 1989. She is on the board of governors of the VSB Criminal Law Section and the board of directors of the Virginia Capital Representation Resource Center and is also on the board of directors of Housing Opportunities Made Equal, Richmond chapter. She has appeared as a lecturer, panelist, and instructor at a large number of venues.

Ms. Cardwell has received many awards and honors. She is a fellow in the American College of Trial Lawyers and a recipient of the Richmond Criminal Bar Association’s Craig Cooley Award for professionalism in the practice of law and the Metropolitan Richmond Women’s Bar Association’s Women’s Achievement Award. She is a substitute judge for the 14th Judicial District of Virginia.

In his letter nominating Ms. Cardwell for the award, Ronald J. Bacigal, professor of law at the University of Richmond, noted that “she has served as a mentor and model for many young women entering the legal profession. … I know of no one who has set a better example for women considering criminal practice.”

Updated: Feb 11, 2013

February 06, 2013

Reminder: Law in Society Essay Contest Deadline February 13

Do you know a Virginia high school student interested in the law? The Virginia State Bar encourages all high school students to submit entries for a chance to win the Law in Society competition and cash prizes. The deadline for submissions is next Wednesday, February 13, by 4:00 p.m. 

The essay contest asks students to imagine they are a legislative aide and write a law that addresses the following:

Recent news reports have detailed attempts by students to intimidate or torment teachers with disparaging Internet postings. Some of these postings include fake websites and profiles, false accusations of inappropriate behavior, or attempts to encourage other students to join in disruptive actions aimed at a teacher. Your job as a legislative aide is to draft a law that would make such postings illegal and then write a report to a General Assembly committee advocating for the law. In your report you should anticipate the arguments of those who oppose the law and address those arguments.

All Virginia students age 19 or younger and enrolled in grades 9–12 or a home-school equivalent are eligible to submit an entry.

Entries are limited to 1,000 words, and are judged on how well they demonstrate the student’s understanding of the role and value of the legal system in everyday life. Entries will be judged by attorneys, judges, and educators. The purpose of the contest is to awaken an interest in law and appreciation of the U.S. Constitution. The contest is cosponsored by the bar's Communications Committee and the VSB Litigation Section.

The first place winner will receive $2,300 and their winning entry will be published on the VSB website. Other awards include $1,850 (second place), $1,350 (third place), and honorable mentions of $250 each. All winners receive a plaque and copy of Strunk and White’s Elements of Style. Awards will be presented in May at the winners’ schools.

More information, including contest rules and last year’s winning essay, is posted at http://www.vsb.org/site/public/law-in-society/.

Updated: Feb 06, 2013

February 01, 2013

Nominations sought for 2013-14 District Committee vacancies

The Standing Committee on Lawyer Discipline calls for nominations for district committee vacancies to be filled by Council in June. Note that there are vacancies which may not become available because some members are eligible for reappointment.

To review qualifications for eligibility, see Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13-4 – Establishment of District Committees, specifically 13-4.E (Qualifications of Members) and 13-4.F (Persons Ineligible for Appointment).

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FIRST DISTRICT COMMITTEE:  4 attorney vacancies (3 current members are eligible for reappointment).  The vacancies are to be filled by members from the 1^st, 3^rd, 5^th, 7^th or 8^th judicial circuits.

SECOND DISTRICT COMMITTEE, SECTION I:  4 attorney vacancies (3 current members are eligible for reappointment).  The vacancies are to be filled by members from the 2^nd or 4^th judicial circuits.

SECOND DISTRICT COMMITTEE, SECTION II:  2 attorney vacancies (both current members are eligible for reappointment); 2 non-attorney vacancies (both current members are eligible for reappointment).  The vacancies are to be filled by members from the 2^nd or 4^th judicial circuits.

THIRD DISTRICT COMMITTEE, SECTION I:  3 attorney vacancies (1 current member is eligible for reappointment).  The vacancies are to be filled by members from the 6^th, 11^th, 12^th, 13^th or 14^th judicial circuits.

THIRD DISTRICT COMMITTEE, SECTION II:  3 attorney vacancies (2 current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 6^th, 11^th, 12^th, 13^th or 14^th judicial circuits.

THIRD DISTRICT COMMITTEE, SECTION III:  1 attorney vacancy (current member is eligible for reappointment).  The vacancy is to be filled by a member from the 6^th, 11^th, 12^th, 13^th or 14^th judicial circuit.

FOURTH DISTRICT COMMITTEE, SECTION I:  2 attorney vacancies (1 current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 17^th or 18^th judicial circuits.

FOURTH DISTRICT COMMITTEE, SECTION II:  3 attorney vacancies (2 current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 17^th or 18^th judicial circuits.

FIFTH DISTRICT COMMITTEE, SECTION I:  2 attorney vacancies (1 current member is eligible for reappointment); 2 non-attorney vacancies (1 current member is eligible for reappointment).  The vacancies are to be filled by members from the 19^th or 31^st judicial circuits.

FIFTH DISTRICT COMMITTEE, SECTION II:  2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 19^th or 31^st judicial circuits.

FIFTH DISTRICT COMMITTEE, SECTION III:  3 attorney vacancies (all 3 current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 19^th or 31^st judicial circuits.

SIXTH DISTRICT COMMITTEE:  2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 9^th or 15^th judicial circuits.

SEVENTH DISTRICT COMMITTEE:  4 attorney vacancies (1 current member is eligible for reappointment).  The vacancies are to be filled by members from the 16^th, 20^th or 26^th judicial circuits.

EIGHTH DISTRICT COMMITTEE:  1 attorney vacancy; 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 23^rd or 25^th judicial circuits.

NINTH DISTRICT COMMITTEE:  1 non-attorney vacancy.  The vacancy is to be filled by a member from the 10^th, 21^st, 22^nd or 24^th judicial circuit.

TENTH DISTRICT COMMITTEE, SECTION I:  2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 27^th, 28^th, 29^th or 30^th judicial circuits.

TENTH DISTRICT COMMITTEE, SECTION II:  1 attorney vacancy (current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 27^th, 28^th, 29^th or 30^th judicial circuits.

Nominations, along with a brief resume, should be sent by February 28, 2013, to:
Stephanie Blanton, Virginia State Bar,
707 East Main Street, Suite 1500, Richmond, VA 23219-2800
Blanton@vsb.org

 

 

Updated: Feb 01, 2013

February 01, 2013

Virginia State Bar E-News, February 2013

The names of VSB members who were administratively suspended on October 10, 2012, for failing to comply with membership obligations have been posted, as required by the Rules of Court. The list is current as of January 25, 2013.

Volunteers are needed to fill vacancies on the Virginia State Bar’s boards and committees. Please submit nominations, along with a brief resume, by March 30 to nominations@vsb.org.

A reminder than nominations are being accepted through February 28 for VSB District Committees vacancies.

The VSB’s Standing Committee on Legal Ethics is seeking public comment on LEO 1872, “Virtual Law Office and Use of Executive Office Suites.” Comments due by March 1 to the VSB offices, or publiccomment@vsb.org.

The VSB has developed a mobile app for members, allowing you to check your contact information of record, certify courses, and access Fastcase from anywhere, using the same login and password you now use on your computer. Download for free at the iTunes Store.

A reminder that the First Day in Practice Seminar, originally scheduled for October 29 and postponed due to inclement weather, has been rescheduled for March 1, at the Greater Richmond Convention Center.

The Conference of Local Bar Associations will present its Bar Leaders Institute on Monday, March 1, at Lewis Ginter Botanical Garden. Registration is open to current and prospective local and statewide bar leaders. 

Registration is open for the CLBA’s Solo and Small-Firm Practitioner Forum, March 28 in Smithfield.

Save the Date – This year’s Pro Bono Celebration will be held on April 15 in Richmond.

Space is still available at the webcast locations on May 3 for the Ninth Annual Indigent Criminal Defense Seminar: Advanced Skills for the Experienced Practitioner. You may register for webcasts in Weyers Cave and Wytheville. The Richmond Convention Center location is sold out. Space at webcasts is limited; don’t delay.

The Senior Lawyers Conference is soliciting donations for its Trees for Virginia project, a cooperative effort by the conference and the Virginia Department of Forestry, to fund tree plantings for the coming year.

 

Updated: Feb 01, 2013

January 29, 2013

Pro Bono Celebration Features Downtown Richmond Sites

This year’s Virginia State Bar Pro Bono Award Celebration, on April 15, will include a visit to the federal courthouse in downtown Richmond that is named for two giants of the law, Spottswood W. Robinson III and Robert R. Merhige Jr. Events also will include a tour of the nearby Library of Virginia.

This year’s program will start in the morning with guided tours of the Library of Virginia Special Collections and Exhibit on Law and Justice in Virginia and of the courthouse.

The afternoon CLE course at the library titled “Eradicating the Justice Gap: Rule 6.1 and Other Tools” will carry 2.5 credit hours for ethics, pending approval by the Virginia State Bar MCLE Board.

The Library of Virginia will be the site of the 7 p.m. ceremony to present the 2013 Lewis F. Powell Jr. Pro Bono Award. The recipient of the Oliver W. Hill Law Student Pro Bono Award also will be honored at the ceremony. VSB President W. David Harless will preside.

A reception for invitees will follow.

The program is open without charge to lawyers, judges, and affiliated professionals who are interested in access to justice issues, though space is limited for the tours. For registration and other details as they become available, go to http://www.vsb.org/site/pro_bono/PB-celebration.

The courthouse opened in its current location in 2008 on Broad Street between 7th and 8th  streets. As Congressman Bobby Scott said when he sponsored legislation to name the building, “It is … fitting that we would name the new Federal Courthouse in our state's capital after two distinguished jurists, Judge Spottswood W. Robinson III and Judge Robert R. Merhige Jr., whose exemplary careers under the law displayed the best ideals and principles of our Constitution and legal traditions.”

Robinson’s career included a long list of firsts. In 1964 he became the first African American to be appointed to the United States District Court for the District of Columbia; in 1966 President Lyndon B. Johnson appointed him the first African American to the United States Court of Appeals for the District of Columbia Circuit; on May 7, 1981, he became the first African American to serve as chief judge of the District of Columbia Circuit. Robinson served on the U.S. Commission on Civil Rights and as dean of the Howard University Law School. He was one of the lead attorneys with the NAACP Legal Defense and Education Fund from 1948 to 1960 and represented Virginia plaintiffs in the 1954 landmark U.S. Supreme Court case of Brown v. Board of Education.

Merhige was appointed U.S. District Court judge for the Eastern District of Virginia, Richmond Division, by President Johnson in 1967. He served there for thirty-one years and presided over some of the most important and complex litigation in U.S. history. He ordered the University of Virginia to admit women in 1970 and in 1972 he ordered the desegregation of dozens of Virginia school districts.

The Library of Virginia was created in 1823 and its first home was the top floor of the state capitol. In 1892, the General Assembly provided for a new State Library on Capitol Square in what is today known as the Oliver Hill Building. In 1940 it moved to what is today the Patrick Henry Executive Office Building. The library moved to its current location at 800 East Broad Street in 1997.

 

Updated: Feb 07, 2013

January 24, 2013

Legal Ethics Committee Proposes Amendments to Rule 5.4 of the Rules of Professional Conduct

The Virginia State Bar’s Standing Committee on Legal Ethics is seeking public comment on proposed amendments to rule 5.4 of the Rules of Professional Conduct.

Comments should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, VA 23219 or publiccomment@vsb.org, no later than the end of the business day on April 19, 2013.

view proposed rule (PDF)

This proposed rule amendment is intended to bring Rule 5.4, Professional Independence of a Lawyer, into alignment with Va. Code §54.1-3902(B)(1), which permits a nonlawyer to serve as the secretary, treasurer, office manager, or business manager of a professional entity that is authorized to practice law, notwithstanding the rule’s prohibition against a lawyer practicing in a law firm in which a nonlawyer serves as a corporate officer.

 

Updated: Jan 29, 2013

January 24, 2013

Trees for Virginia Project Continues

Virginians for generations to come will have John H. Tate Jr. to thank for that bit of shade they’ll be enjoying on those hot summer days.

Tate started the “Trees for Virginia” project in 2011 when he was chair of the Senior Lawyers Conference. The project is a cooperative effort by the conference and the Virginia Department of Forestry to solicit members of the Virginia State Bar, and others, to fund tree plantings.

The first year, the project delivered 2,600 trees to locations across the state. Last year that number jumped to 7,200, with trees planted from Danville, to Glade Spring, to Northumberland County, to more than thirty other locations.

Though John Tate died in December, his “Trees for Virginia” legacy lives on. The conference is again soliciting donations so that it can deliver a crop of trees this year. To donate, make checks payable to “Trees for Virginia” and mail to:

John M. Oakey Jr., Esquire
McGuire Woods, LLP
One James Center
901 East Cary Street
Richmond, VA  23219-4030

The conference also will plant a John Tate Tree in his hometown of Marion. Details on when that ceremony will take place are being developed.

Updated: Jan 24, 2013

January 23, 2013

Mobile Member App Allows Access to Records from Anywhere

Want to check on your MCLE credits or certify your latest course? Go to the iTunes store to download the Virginia State Bar app for mobile devices. The app allows you to check your contact information of record, certify courses, and access Fastcase from anywhere, using the same login and password you now use on your computer.

The app was developed for Apple devices; an Android version is planned.

“Our new app allows us to leverage mobile technology to reduce costs and provide a higher level of service to our members,” said Bill Dickinson, director of Information Technology at the bar.

The VSB mobile member access app is available for free in the iTunes store.

Updated: Jan 24, 2013

January 03, 2013

Virginia State Bar E-News, January 2013

Virginia State Bar President-elect Sharon Nelson is requesting nominations for VSB committees. The application deadline is March 1, and terms start July 1.

Volunteers are needed to fill vacancies on the VSB’s boards and committees. Please submit nominations, along with a brief resume, by March 30 to nominations@vsb.org.

The VSB’s Standing Committee on Legal Ethics issued the following LEOs as final:

• LEO 1865 – Obligations of a Lawyer in Handling Settlement Funds When a Third Party Lien or Claim is Asserted

• LEO 1867 – Use of Release-Dismissal Agreement by Prosecutors

The Conference of Local Bar Associations will present its Bar Leaders Institute on Friday, March 1, at Lewis Ginter Botanical Garden. Registration is open to current and prospective local and statewide bar leaders.

The deadline for the receipt of nominations for the Lewis F. Powell Jr. Pro Bono Award is January 25. Please see the VSB Awards and Contests page for a list of all bar sponsored awards and deadlines.

The Virginia Law Foundation will induct nineteen Virginia lawyers as its 2013 Class of Fellows at a dinner ceremony on January 24 in Williamsburg during The Virginia Bar Association's annual meeting.

Updated: Feb 05, 2013

December 21, 2012

28th Annual Spring Interview Program

If you’re a law student looking for a job starting this summer or an employer wanting to hire, here’s your chance. Employers will be able to interview first- and second-year law students for summer 2013 positions, and May 2013 graduates for entry-level attorney positions. Employer registration deadline is February 1, 2013.

Spring Interview Program
Richmond, Virginia
Friday, March 22, 2013, 9 a.m. to 5 p.m.

The 28th annual Spring Interview Program is sponsored by the University of Richmond School of Law, University of Virginia School of Law, Washington and Lee University School of Law, and William & Mary Law School. The program is open to small firm employers (defined as firms of 50 attorneys or fewer) and law students from those four schools.

Employers screen student applications in advance, selecting candidates to interview during the program.

Employer Registration

• The Program is free to attend.
• Interested employers should submit a Registration Form by February 1, 2013.
• Employers will receive applications from interested students February 19, 2013.
• Employers should make interview selections by March 8, 2013.

Student Registration

• Students apply to Employers of interest using their law school's Symplicity database.
• Students must submit applications by February 17, 2013.
• Students will be notified whether they have been selected to interview with participating Employers.
• Students should direct any questions to their law school career services office.

For information and to register for the program, go to http://www.vaclsc.org/spring-interview-program.html.

 

Updated: Dec 21, 2012

December 21, 2012

Nominations Sought for Board and Committee Vacancies

Volunteers are needed to serve the Virginia State Bar’s boards and committees. The Nominating Committee will refer nominees to the VSB Council for consideration at its June 2013 meeting.

Vacancies in 2013 are listed below.  All appointments or elections will be for the terms specified, beginning on July 1, 2013.

EXECUTIVE COMMITTEE:  6 vacancies (of which 2 current members are not eligible for reappointment and 4 current members are eligible for reappointment).  Filled from ranks of the council for 1-year terms, by council election.   

CLIENTS’ PROTECTION FUND BOARD:  6 lawyer vacancies (1 current lawyer member from the Ninth disciplinary district who is not eligible for reelection; 4 current lawyer members from the First, Second, Fourth and Fifth disciplinary districts who are eligible for reelection; 1 current lawyer member-at-large who is eligible for reelection) and 1 non-lawyer vacancy (1 current lay member who is eligible for reelection). May serve 2 consecutive 3-year terms.  Elected by council.

JUDICIAL CANDIDATE EVALUATION COMMITTEE:  4 vacancies (of which 2 vacancies are to be filled by a member from the 16th, 20th or 26th  judicial circuits; 1 vacancy is to be filled by a member from the 9th or 15th judicial circuits, and 1 vacancy is to be filled by a member from the 19th or 31st  judicial circuits).  May serve 1 full 3-year term. Elected by council.

VIRGINIA LAW FOUNDATION BOARD:  2 lawyer vacancies (of which 2 current lawyer members are eligible for reelection), and 1 lay member vacancy (of which 1 current lay member is eligible for reelection). May serve 2 consecutive 3-year terms. Elected by VLF Board on recommendation of council.

VIRGINIA CLE COMMITTEE:  6 lawyer vacancies (of which 6 lawyer members are eligible for reelection to 1-year terms). Elected by VLF Board on recommendation of council.

AMERICAN BAR ASSOCIATION DELEGATES:  3 vacancies (of which 3 present delegates are eligible for reelection). May serve 3 consecutive 2-year terms.  Elected by council.

 

Nominations, along with a brief résumé, should be sent by March 30, 2013, to nominations@vsb.org or by mail to
VSB Nominating Committee, c/o Asha Holloman, Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, VA  23219-2800.

 

Updated: Jan 30, 2013

December 19, 2012

Virginia Law Foundation to Induct Fellows Class of 2013

The Virginia Law Foundation will induct nineteen Virginia lawyers as its 2013 Class of Fellows at a dinner ceremony on January 24 in Williamsburg during The Virginia Bar Association's annual meeting. Induction as a Fellow of the Virginia Law Foundation is a special honor conferred by the VLF Board on selected Virginia attorneys, law professors, and retired members of the judiciary who are deemed to be outstanding in their profession and in their community.

Class of 2013 Inductees

David N. Anthony (Richmond) – partner, Troutman Sanders

William L. Babcock Jr. (Alexandria) – William L. Babcock Jr. P.C.

Jonathan Todd Blank (Charlottesville) – partner, McGuireWoods

Jack W. Burtch Jr. (Richmond) – principal, Macaulay and Burtch, P.C.

Robert L. Calhoun (Alexandria) – Redmon, Peyton & Braswell

Clarence M. Dunnaville Jr. (Midlothian) – solo practitioner

Thomas R. Frantz (Virginia Beach) – partner, Williams Mullen

Jacob Andrew Lutz III (Richmond) – practice group leader, Troutman Sanders

Albert M. Orgain IV (Richmond) – principal, Sands Anderson PC

J. Lee E. Osborne (Roanoke) – principal, Woods Rogers, PLC

Don W. Piacentini (Henrico) – president and CFO, Parker, Pollard, Wilton & Peaden, PC

Gregory B. Robertson (Richmond) – partner, Hunton & Williams, LLP

Melissa Walker Robinson (Roanoke) – principal, Glenn Robinson & Cathey, PLC

Sandra M. Rohrstaff (Alexandria) – owner, Rohrstaff Law Firm

Thomas R. Scott Jr. (Grundy) – partner, Street Law Firm, LLP

Bruce C. Stockburger (Roanoke) – partner, Gentry Locke Rakes & Moore, LLP

John Tarley Jr. (Williamsburg) – managing member, Tarley Robinson, PLC

Lucia Anna Trigiani (Alexandria) – principal, MercerTrigiani

J. Page Williams (Charlottesville) – member, Feil, Petit & Williams, PLC

Updated: Jan 23, 2013

December 05, 2012

Volunteers Sought for VSB Committees

Virginia State Bar President-elect Sharon D. Nelson invites Virginia lawyers to volunteer for committees essential to the self-regulation of the legal profession. Appointments generally will be for three-year terms that run from July 1, 2013, through June 30, 2016.

A list of committees and an application form is available online. To be considered for an appointment, fax the form to the bar at (804) 775-0501 or email it to holloman@vsb.org by March 1, 2013. Questions should be addressed to Asha Holloman at (804) 775-0551 or holloman@vsb.org. Persons of diversity are encouraged to apply.

Updated: Jan 07, 2013

December 04, 2012

Virginia State Bar E-News, December 2012

Kevin E. Martingayle has been elected president-elect of the Virginia State Bar. He will assume the post at the annual meeting in June 2013.

The Standing Committee on Lawyer Discipline is making its annual call for nominations for district committee vacancies to be filled by Council in June 2013. Please review qualifications for eligibility.

The Supreme Court of Virginia vacated amendments to Rules 7.1-7.5 that would have gone into effect December 1.

As merchants and businesses, lawyers are now subject to the new IRS credit card transaction reporting requirements – Section 6050W.

Legal Ethics Opinions:

• LEO 1863 final

• LEO 1864 final

• LEO 1313, concerning Attorney-Client Relationship – Conflict of Interests, and LEO 1339, concerning Attorney-Client Relationship – Power of Attorney, have been withdrawn.

The Supreme Court of Virginia is requesting that attorneys who file civil actions in circuit courts complete a new Cover Sheet for Filing Civil Actions. The form was modified at the behest of the 2012 Virginia General Assembly

.The First Day in Practice Seminar, originally scheduled for October 29 and postponed due to inclement weather, has been rescheduled for March 1, 2013, in Richmond.

Continuing Legal Education:

• The forty-third annual Criminal Law Seminar, sponsored by the VSB Criminal Law Section and Virginia CLE®, is scheduled for February 1 in Charlottesville, and February 8 in Williamsburg. Seminar sessions include "Effective Sentencing Presentations" and "iPAD for Trial.” Online registration is now open.

• The Military Law Section is sponsoring a CLE “Military Law for the Non-Military Attorney” on December 10 in Norfolk.

Employers will be able to interview first- and second-year students for summer 2013 positions, and May 2013 graduates for entry-level attorney positions. Employer registration deadline for the eleventh annual Government and Public Interest Interview Program is January 8, 2013.

Consider making a tax-deductible donation to the Virginia Law Foundation or another charitable organization with a law-related focus before the end of the year. Look for a VLF donation envelope, and suggestions of other service providers, in the December issue of Virginia Lawyer.

The twenty-first annual Law in Society essay competition asks high school students to address online teacher intimidation and write a law with supporting arguments. The deadline is February 13, 2013.

This email is compiled by the Virginia State Bar solely as a member service.

Updated: Dec 04, 2012

December 03, 2012

Martingayle is Choice for President-elect

Kevin E. Martingayle, of Virginia Beach, has been elected president-elect of the Virginia State Bar and will assume that post after the annual meeting in June 2013.

Martingayle was chosen by members over Raymond B. Benzinger.

Martingayle, owner and partner of Bischoff Martingayle PC, is a 2nd District representative on the VSB Council and is chair of the Better Annual Meeting Committee. He is on the Executive, Budget and Finance, and Legal Ethics committees.

He also is a member of The Virginia Bar Association, Virginia Beach Bar Association, Virginia Trial Lawyers Association, and Federal Bar Association.

Martingayle is a native of Richmond and graduated from Collegiate High School in 1985. He is a graduate of Hampden-Sydney College and has a law degree from the University of Virginia School of Law, 1991.

His practice focuses on appeals; civil, commercial, employment, and estate litigation; civil rights; and constitutional, land use and zoning, and municipal and administrative law.
He is married to Elisabeth Martingayle and has three children.

Updated: Jan 07, 2013

December 03, 2012

New IRS Credit Card Transaction Reporting Requirements

What It Means For Attorneys

Most attorneys accept credit cards as a form of payment from clients.  As such, they are “merchants” and “businesses” when it comes to reporting these transactions to the IRS.  All merchants and businesses are now subject to the newest IRS requirement – Section 6050W.

What is 6050W?

Section 3091(a) of the Housing Assistance Tax Act of 2008 (the “Act”) added section 6050W to the Code requiring merchant acquiring entities and third party settlement organizations to file an informational return to the IRS for each calendar year reporting all payment card transactions and third party network transactions with participating payees (merchants and businesses) occurring in that calendar year. It was created in an effort to further reduce the estimated $345 billion tax gap from the business sector by providing additional information to the IRS on aggregate credit card transactions.  Effective January 2012, all credit card processors (i.e. LawPay, First Data, TSYS, etc.) and 3^rd party payment aggregators (PayPal & Square) will be required to report gross card transactions to the IRS.  This means the gross dollar amount of all transactions will be reported on a special 1099-K, regardless of returns or any processing fee deductions.

What About My Trust Accounts?

In the case of attorneys, Sections 6050W does not make a distinction between credit card transaction deposits made to a trust account (whether IOLTA or some other form of trust account, e.g., interest bearing trust account set up for a particular client or non-interest bearing trust account) and an attorney’s operating bank account.  This has some attorneys concerned the IRS will view these transactions incorrectly as income. However, there are two important items to note: (1) the new 1099-K filed by the credit card processors is only intended to be “informational”, (2) the attorney’s credit card processor should include a merchant industry code on your 1099-K identifying you as a law firm or provider of legal services. The reporting requirements under section 6050W require credit card processors to report to the IRS on Form 1099-K the total gross amount of payment card transactions for each “merchant” client over the calendar year, without reduction to account for amounts deposited into trust accounts. Although there are few instructions from the IRS informing taxpayers on how to account for discrepancies between 1099-Ks issued to them and amounts reported on the taxpayer’s return, it is clear that the IRS does not intend the Form 1099-K to match net, taxable, or even gross income. Thus, the amount shown on the Form 1099-K will not in all instances be required to be reported as income.

In addition to the gross volume reporting, Section 6050W also requires processors to verify and match your federal tax ID and legal name to IRS records. 6050W requires an exact match on both items for your credit card processors to file the 1099-K correctly. Due to technology limitations with most Visa and MasterCard processors, merchant statements are usually limited to only 25-35 characters. As such, many law firms have either abbreviated their name or used an acronym for their merchant account. If this is the case, you will need to contact your processor to assure that your legal name on your merchant account and your law firm tax ID number exactly match the legal name and tax ID number you use to file your tax returns.

Does The Name And Tax ID On My Trust Account Need To Match Those On My Tax Filing?

No. If you maintain an interest bearing trust account on behalf of an individual client with the interest being paid to the client, then that trust account needs to have your law firm name, the client’s name on whose behalf you maintain the account and that client’s tax ID number.  If you maintain a non-interest bearing trust account, then it is ok to have your law firm’s tax ID on that trust account because there is no “income” associated with it. If you maintain an IOLTA account, it needs to have and should already have your firm name as well as the name of the IOLTA program (Legal Services Corporation of Virginia) and the IOLTA program’s tax ID.

What needs to match for purposes of Section 6050W is the name and tax ID on the merchant account with your credit card processor with the name and tax ID on your own tax return. If they don’t match, the IRS could impose a 28% withholding penalty on all credit card transactions.

Due to the steep withholding penalty, it is imperative that you confirm the information on your 1099-K this year. If you have not received a 1099-K from your credit card processor, call and request a copy. All 1099-Ks should have been sent out in late January of 2012 for a trial run. Penalties will start to apply for tax year 2012 for which you will receive a 1099-K from your credit card processor in early 2013.  The safest approach is to call your credit card processor now to resolve any mis-match between your firm name and tax ID as reported by the credit card processor and the firm name and tax ID you use to file with the IRS.

If I Deposit Credit Card Transaction Funds Directly Into My Trust Account, Won’t The 1099K Filed By My Credit Card Processor Show More Gross Income For Me Than I Actually Received?

The IRS understands that the 1099-K is a statement of gross credit card transactions and that for a law firm that deposits funds into trust accounts, some or all of the funds might not be includable in the income of the law firm. Therefore, if the IRS were to inquire as to the discrepancy between gross credit card receipts and claimed income by the law firm, the law firm will only need to explain that a particular dollar amount of the gross credit card receipts was deposited into client trust accounts from which the law firm receives no income.

 

 

posted Dec 03, 2012

 

Updated: Jan 30, 2013

November 30, 2012

Supreme Court of Virginia Vacates Amendments to Rules 7.1-7.5

On November 29, 2012, the Supreme Court of Virginia vacated amendments to Rules 7.1-7.5 of the Rules of Professional Conduct that would have gone into effect December 1, 2012.

view Supreme Court of Virginia order (PDF file)

 

Updated: Nov 30, 2012

November 30, 2012

VSB Member Login will not be available Saturday morning

We will be performing network maintenance on Saturday, December 1, from 8 a.m. until noon. During this time you will be unable to access the Member Login. The rest of vsb.org will be available.

Updated: Dec 03, 2012

November 28, 2012

Nominations sought for District Committee vacancies

The Virginia State Bar Standing Committee on Lawyer Discipline calls for nominations for district committee vacancies to be filled by the Virginia State Bar Council in June 2013. Note that some of the vacancies may not become available because some incumbent members are eligible for reappointment.

To review qualifications for eligibility, see Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13-4 – Establishment of District Committees, specifically 13-4.E (Qualifications of Members) and 13-4.F (Persons Ineligible for Appointment).

• First District Committee: 4 attorney vacancies (3 current members are eligible for reappointment). The vacancies are to be filled by members from the 1st, 3rd, 5th, 7th or 8th judicial circuits.

• Second District Committee, Section I: 4 attorney vacancies (3 current members are eligible for reappointment). The vacancies are to be filled by members from the 2nd or 4th judicial circuits.

• Second District Committee, Section II: 2 attorney vacancies (both current members are eligible for reappointment); 2 non-attorney vacancies (both current members are eligible for reappointment). The vacancies are to be filled by members from the 2nd or 4th judicial circuits.

• Third District Committee, Section I: 3 attorney vacancies (1 current member is eligible for reappointment). The vacancies are to be filled by members from the 6th, 11th, 12th, 13th or 14th judicial circuits.

• Third District Committee, Section II: 3 attorney vacancies (2 current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 6th, 11th, 12th, 13th or 14th judicial circuits.

• Third District Committee, Section III: 1 attorney vacancy (current member is eligible for reappointment). The vacancy is to be filled by a member from the 6th, 11th, 12th, 13th or 14th judicial circuit.

• Fourth District Committee, Section I: 2 attorney vacancies (1 current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 17th or 18th judicial circuits.

• Fourth District Committee, Section II: 3 attorney vacancies (2 current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 17th or 18th judicial circuits.

• Fifth District Committee, Section I: 2 attorney vacancies (1 current member is eligible for reappointment); 2 non-attorney vacancies (1 current member is eligible for reappointment). The vacancies are to be filled by members from the 19th or 31st judicial circuits.

• Fifth District Committee, Section II: 2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy. The vacancies are to be filled by members from the 19th or 31st judicial circuits.

• Fifth District Committee, Section III: 3 attorney vacancies (all 3 current members are eligible for reappointment); 1 non-attorney vacancy. The vacancies are to be filled by members from the 19th or 31st judicial circuits.

• Sixth District Committee: 2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy. The vacancies are to be filled by members from the 9th or 15th judicial circuits.

• Seventh District Committee: 4 attorney vacancies (1 current member is eligible for reappointment). The vacancies are to be filled by members from the 16th, 20th or 26th judicial circuits.

• Eighth District Committee: 1 attorney vacancy; 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 23rd or 25th judicial circuits.

• Ninth District Committee: 1 non-attorney vacancy. The vacancy is to be filled by a member from the 10th, 21st, 22nd or 24th judicial circuit.

• Tenth District Committee, Section I: 2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy. The vacancies are to be filled by members from the 27th, 28th, 29th or 30th judicial circuits.

• Tenth District Committee, Section II: 1 attorney vacancy (current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment). The vacancies are to be filled by members from the 27th, 28th, 29th or 30th judicial circuits.

Nominations, along with a brief resume, should be sent by February 28, 2013, to: Stephanie Blanton, Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, VA 23219-2800 or Blanton@vsb.org.

Updated: Nov 28, 2012

November 26, 2012

First Day in Practice rescheduled for March 1, 2013

The First Day in Practice Seminar, originally scheduled for October 29 and postponed due to inclement weather, has been rescheduled for March 1, 2013. The seminar will be held at the Greater Richmond Convention Center and runs from 8:15 a.m. – 4:00 p.m.

Updated: Nov 26, 2012

November 19, 2012

2013 High School Essay Contest Explores Online Teacher Intimidation by Students

If you were able to write a law making it illegal for students to try to intimidate their teacher online, what would it say? That’s the basic question the Virginia State Bar is asking students to address in this year’s Law in Society essay contest.

Virginia high school students are invited to submit essays for a chance to win the Law in Society competition and cash prizes. The contest is cosponsored by the Virginia State Bar's Communications Committee and the VSB Litigation Section. The deadline for submissions is February 13, 2013.

The essay contest asks students to imagine they are a legislative aide and write a law that addresses the following:

Recent news reports have detailed attempts by students to intimidate or torment teachers with disparaging Internet postings. Some of these postings include fake websites and profiles, false accusations of inappropriate behavior, or attempts to encourage other students to join in disruptive actions aimed at a teacher. Your job as a legislative aide is to draft a law that would make such postings illegal and then write a report to a General Assembly committee advocating for the law. In your report you should anticipate the arguments of those who oppose the law and address those arguments.

All Virginia students age 19 or younger and enrolled in grades 9–12 or a home-school equivalent are eligible to submit an essay.

Essays are limited to 1,000 words, and are judged on how well they demonstrate the student’s understanding of the role and value of the legal system in everyday life. Entries will be judged by attorneys, judges, and educators. The purpose of the contest is to awaken an interest in law and appreciation of the U.S. Constitution.

The first place winner will receive $2,300 and their winning essay will be published on the VSB website. Other awards include $1,850 (second place), $1,350 (third place), and honorable mentions of $250 each. All winners receive a plaque and copy of Strunk and White’s Elements of Style. Awards will be presented in May at the winners’ schools.

More information, including contest rules and last year’s winning essay, is posted at http://www.vsb.org/site/public/law-in-society/.

Updated: Nov 26, 2012

November 16, 2012

New Cover Sheet for Filing Civil Actions

The Supreme Court of Virginia is requesting that attorneys who file civil actions in circuit courts complete a new Cover Sheet for Filing Civil Actions.

Clerks use the cover sheet to identify the filing type for the action, which is then entered into the statewide Circuit Court Case Management System. The form was modified at the behest of the 2012 Virginia General Assembly.

The new cover sheet reorganizes the filing types into subject matter categories, making it easier for attorneys to select the correct filing type. Karl Hade, executive secretary of the Supreme Court of Virginia, said that use of the new cover sheet will help actions be counted properly for the weighted caseload study being undertaken for the General Assembly to measure judicial workloads.

The cover sheet form is a fillable PDF that can be completed online and printed for submission to the court when the action is filed. A copy of the form is available on the Virginia Judicial System website at http://www.courts.state.va.us/forms/circuit/cc1416.pdf.

 

Updated: Nov 26, 2012

November 06, 2012

Eleventh Annual Government and Public Interest Interview Program

The law schools at the University of Richmond, Washington and Lee, and William & Mary invite government and public interest legal employers to participate in the 11th Annual Government and Public Interest Interview Program at the University of Richmond on Friday, February 15, 2013. Employers will be able to interview first- and second-year students for summer 2013 positions, and May 2013 graduates for entry-level positions.

Significant advantages to employers include:

• The program is free and lunch is provided to all interviewers;
• Employers can interview students from several Virginia-based law schools at one time and in one location;
• Employers can pre-screen resumes to select only those candidates they want to interview;
• All law schools offer summer fellowship programs for students who accept unpaid or low-paying public service positions;
• Employers can interview at the program or request interested candidates' resumes to be forwarded to them.

For information and to register for the program, go to http://www.vaclsc.org/government--public-interest-interview-program.html. The employer registration deadline is January 8, 2013. If space is available after the deadline, registrations will continue to be accepted. Employers can direct any questions they may have about this program to Kym Osterbind, University of Richmond School of Law, 804-289-8680, kosterbi@richmond.edu; Terry Evans, Washington and Lee School of Law, 540-458-8655, evanst@wlu.edu; or Amy Spencer-Westerkamp, William & Mary Law School, 757-221-3805, acspencer@wm.edu.

Updated: Nov 06, 2012

November 05, 2012

Information Available on the 20th Anniversary Conclave on Education of Lawyers

The October issue of Virginia Lawyer features extensive reports on the 20th Anniversary Conclave on the Education of Lawyers, which was held April 20 in Charlottesville. VSB members can also read the transcripts of all the presentations from the conclave at the 20th Anniversary Conclave webpage.

 

Updated: Nov 05, 2012

November 01, 2012

Virginia State Bar E-News, November 2012

Ballots will mail November 2 for the contested Virginia State Bar president-elect election between Raymond B. Benzinger and Kevin E. Martingayle. Ballots must be returned by mail or hand delivered to the VSB office by December 1, 2012.

Highlights of the Virginia State Bar Council meeting on October 19 – There were reports on budget and personnel matters, as well as action taken on a bylaw revision, and approval of Payee Notification.

The Supreme Court of Virginia to review proposed amendments to Rules 1A:1 and 1A:3. Comments due to the Court by December 1, 2012.

The VSB Diversity Conference requests comments for ex-officio representation on the Executive Committee. Comments due January 15, 2013.

The VSB’s Indigent Defense Task Force is seeking public comment on proposed amendments to Rule 3A:11. Comments due January 15, 2013.

The Clients’ Protection Fund Board proposes that the Rules of Procedure of the Clients’ Protection Fund be amended. Comments due January 15, 2013.

On September 5, 2012, the Committee on Lawyer Discipline approved the proposed amendments to Part 6, Section IV, Paragraph 13-13. Council will consider the changes at its meeting in February. Comments due January 15, 2013.

Legal Ethics Opinions updates:

• LEO 1863 final
• LEO 1864 final
• LEO 1732 amended

The VSB is seeking nominations for the following awards:

• Betty A. Thompson Lifetime Achievement Award and Family Law Service Award – Family Law Section
• Lewis F. Powell Jr. Pro Bono Award and Oliver White Hill Law Student Pro Bono Award – Special Committee on Access to Legal Services
• Rakes Leadership in Education Award – Education of Lawyers Section

 

This email is compiled by the Virginia State Bar solely as a member service.

Updated: Nov 05, 2012

October 31, 2012

Vote For President-elect

Ballots went in the mail November 2, 2012, for the contested election for president-elect of the Virginia State Bar. The two candidates are Raymond B. Benzinger and Kevin E. Martingayle. For information on the candidates and the issues they’re addressing, see the candidates' statements in the October issue of Virginia Lawyer.

Ballots must be returned by mail or hand delivered (no e-mails or faxes) to the VSB office at 707 E. Main St., Richmond, VA, 23219 by 4:45 p.m. on December 1, 2012.

Updated: Nov 16, 2012

October 29, 2012

First Day in Practice Seminar scheduled for Tuesday will be rescheduled

As of Monday, October 29, the First Day in Practice Seminar scheduled for Tuesday, October 30, has been canceled.

A new date will be announced at vsb.org.

 

Updated: Oct 29, 2012

October 25, 2012

Indigent Defense Task Force Proposes Amendments to Virginia Supreme Court Rule 3A:11

The Virginia State Bar’s Indigent Defense Task Force is seeking public comment on proposed amendments to Rule 3A:11 of the Rules of the Supreme Court of Virginia.

The following proposal is published for public comment, which should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, VA 23219 or gould@vsb.org, no later than the end of business January 15, 2013.

view proposed Rule 3A:11 (PDF file)

Rule 3A:11 applies to discovery and inspection of files for prosecutions involving felonies in a circuit court and any misdemeanor brought on direct indictment.

The task force proposes that Rule 3A:11 be expanded so that: both parties receive more complete information in preparing for trial and in making informed plea decisions; defendants’ rights are better protected; the element of unfair surprise is limited; and, post-trial litigation is minimized. The task force concluded that the recommendations are appropriate and should be considered by the Supreme Court to address needed improvements to the manner in which discovery is conducted in criminal cases in the commonwealth.

The task force will present these recommendations to the VSB Executive Committee and Council for consideration at their respective February meetings. With Council’s assent, approved proposed amendments will be forwarded to the Supreme Court of Virginia. Original approved recommendations authorizing work on the extant proposal can be found at http://www.vsb.org/docs/sections/criminal/taskforce904.pdf.

Updated: Oct 26, 2012

October 24, 2012

Highlights of the October 19, 2012, Virginia State Bar Council Meeting

At its meeting on October 19, 2012, in Roanoke, the Virginia State Bar Council heard the following significant reports and took the following actions:

Budget

The council unanimously approved a recommended pay raise of 4 percent for all Virginia State Bar employees, effective for the 2013-14 fiscal year.

Payee Notification

The council unanimously approved payee notification legislation that would require insurers to notify claimants when they disburse settlement or judgment proceeds of $5,000 or more to claimants’ attorneys.

Bylaws revision

The council approved the Membership Task Force’s proposal that the VSB bylaws be amended to permit the use of means, other than U.S. mail, for election notification and balloting.

The council approved by unanimous vote the International Practice Section’s proposed amended and restated bylaws.

Personnel matters

Council unanimously elected John M. Levy to the Legal Services Corporation of Virginia board of directors.

Dennis John Quinn, of Vienna, has been named to fill an unexpired Circuit 19 seat on the VSB Council. The term will end on June 30, 2014.

 

posted Oct 26, 2012

Updated: Dec 07, 2012

October 23, 2012

LEO 1732 Amended

The VSB Standing Committee on Legal Ethics approved an amendment to LEO 1732, effective October 23, 2012. The amendment clarifies that Rule 1.5(f) of the Rules of Professional Conduct allows fee sharing between lawyers formerly associated in a law firm, with no requirement for client consent.

Updated: Oct 24, 2012

October 22, 2012

Supreme Court of Virginia to review proposed amendments to Rules 1A:1 and 1A:3

The Supreme Court of Virginia is considering proposed amendments to Rules 1A:1 and 1A:3 related to the admission of foreign attorneys to practice in the Commonwealth of Virginia without examination and the procedure for revocation of certificates issued to foreign attorneys. See the full proposed changes here.

Comments on the proposed amendments to the Rules should be sent by December 1, 2012 to:

Patricia L. Harrington, Clerk
Supreme Court of Virginia
100 North Ninth Street
5th Floor
Richmond, VA 23219

OR via email with the subject line "Comment on Rules" to: scvclerk@courts.state.va.us.

 

Updated: Oct 22, 2012

October 17, 2012

VSB Diversity Conference requests comments for inclusion on Executive Committee

The creation of the VSB Diversity Conference was approved by the Virginia State Bar Council at its June 2009 meeting. As originally proposed, the Diversity Conference would have had ex-officio representation on Council and on the Council’s Executive Committee. During its deliberations and final vote, the Council deleted the inclusion of an ex-officio representative on the Executive Committee.  

Now in its third year, the Diversity Conference has unanimously resolved to ask the Executive Committee of Council to recommend to Council ex-officio representation of the Diversity Conference on the Executive Committee.

Information about the Diversity Conference may be found at its website, www.dcvsb.org. The conference strives to strengthen the Virginia State Bar by increasing the awareness of the organizational benefits of diversity and inclusion and enhance public confidence in the judicial branch by promoting demographics that reflect the population it serves.

The proposed action by the Executive Committee is published for public comment, which should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, VA 23219 or to gould@vsb.org no later than the end of business on January 15, 2013.

Updated: Oct 26, 2012

October 02, 2012

Virginia State Bar E-News, October 2012

The Virginia State Bar Standing Committee on Lawyer Discipline seeks nominations for the 2013-14 District Committee vacancies.

Amendments to Rules 7.1-7.5 regarding lawyer advertising were approved by the Supreme Court of Virginia on September 18, becoming effective December 1, 2012.

The VSB Standing Committee on Legal Ethics is seeking public comment on the following proposed advisory Legal Ethics Opinions:

• LEO 1867 – “Use of Release-Dismissal Agreements by Prosecutors.” Comments due by November 2.
• LEO 1865 – “Obligations of a Lawyer in Handling Settlement Funds When a Third Party Lien or Claim is Asserted.” Comments due by November 2.

The MCLE deadline for completing your CLE requirements is October 31. Failure to complete 12 CLE hours, including 2 hours in ethics/professionalism, and 4 hours from live, interactive programs by the deadline will result in a $100 non-compliance fee. Please visit the MCLE page to check your credits, certify your MCLE attendance online, and see a list of approved courses.

The Eleventh Annual Celebration of Women and Minorities in the Legal Profession Bench-Bar Dinner will feature Supreme Court of Virginia Chief Justice Cynthia D. Kinser as keynote speaker. The event, to be held at the Bull and Bear Club in downtown Richmond on November 1, is open to all lawyers.

The Criminal Law Section is accepting nominations for the Harry L. Carrico Professionalism Award recognizing an individual (judge, defense attorney, prosecutor, clerk or other citizen) who has made a singular and unique contribution to the improvement of the criminal justice system in the Commonwealth of Virginia.  Nominations due by December 3.

Updated: Oct 02, 2012

October 01, 2012

Nominations sought for 2013-14 District Committee vacancies

The Standing Committee on Lawyer Discipline calls for nominations for district committee vacancies to be filled by Council in June. Note that there are vacancies which may not become available because some members are eligible for reappointment.

To review qualifications for eligibility, see Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13-4 – Establishment of District Committees, specifically 13-4.E (Qualifications of Members) and 13-4.F (Persons Ineligible for Appointment).

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FIRST DISTRICT COMMITTEE:  4 attorney vacancies (3 current members are eligible for reappointment).  The vacancies are to be filled by members from the 1^st, 3^rd, 5^th, 7^th or 8^th judicial circuits.

SECOND DISTRICT COMMITTEE, SECTION I:  4 attorney vacancies (3 current members are eligible for reappointment).  The vacancies are to be filled by members from the 2^nd or 4^th judicial circuits.

SECOND DISTRICT COMMITTEE, SECTION II:  2 attorney vacancies (both current members are eligible for reappointment); 2 non-attorney vacancies (both current members are eligible for reappointment).  The vacancies are to be filled by members from the 2^nd or 4^th judicial circuits.

THIRD DISTRICT COMMITTEE, SECTION I:  3 attorney vacancies (1 current member is eligible for reappointment).  The vacancies are to be filled by members from the 6^th, 11^th, 12^th, 13^th or 14^th judicial circuits.

THIRD DISTRICT COMMITTEE, SECTION II:  3 attorney vacancies (2 current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 6^th, 11^th, 12^th, 13^th or 14^th judicial circuits.

THIRD DISTRICT COMMITTEE, SECTION III:  1 attorney vacancy (current member is eligible for reappointment).  The vacancy is to be filled by a member from the 6^th, 11^th, 12^th, 13^th or 14^th judicial circuit.

FOURTH DISTRICT COMMITTEE, SECTION I:  2 attorney vacancies (1 current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 17^th or 18^th judicial circuits.

FOURTH DISTRICT COMMITTEE, SECTION II:  3 attorney vacancies (2 current members are eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 17^th or 18^th judicial circuits.

FIFTH DISTRICT COMMITTEE, SECTION I:  2 attorney vacancies (1 current member is eligible for reappointment); 2 non-attorney vacancies (1 current member is eligible for reappointment).  The vacancies are to be filled by members from the 19^th or 31^st judicial circuits.

FIFTH DISTRICT COMMITTEE, SECTION II:  2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 19^th or 31^st judicial circuits.

FIFTH DISTRICT COMMITTEE, SECTION III:  3 attorney vacancies (all 3 current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 19^th or 31^st judicial circuits.

SIXTH DISTRICT COMMITTEE:  2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 9^th or 15^th judicial circuits.

SEVENTH DISTRICT COMMITTEE:  4 attorney vacancies (1 current member is eligible for reappointment).  The vacancies are to be filled by members from the 16^th, 20^th or 26^th judicial circuits.

EIGHTH DISTRICT COMMITTEE:  1 attorney vacancy; 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 23^rd or 25^th judicial circuits.

NINTH DISTRICT COMMITTEE:  1 non-attorney vacancy.  The vacancy is to be filled by a member from the 10^th, 21^st, 22^nd or 24^th judicial circuit.

TENTH DISTRICT COMMITTEE, SECTION I:  2 attorney vacancies (both current members are eligible for reappointment); 1 non-attorney vacancy.  The vacancies are to be filled by members from the 27^th, 28^th, 29^th or 30^th judicial circuits.

TENTH DISTRICT COMMITTEE, SECTION II:  1 attorney vacancy (current member is eligible for reappointment); 1 non-attorney vacancy (current member is eligible for reappointment).  The vacancies are to be filled by members from the 27^th, 28^th, 29^th or 30^th judicial circuits.

Nominations, along with a brief resume, should be sent by February 28, 2013, to:
Stephanie Blanton, Virginia State Bar,
707 East Main Street, Suite 1500, Richmond, VA 23219-2800
Blanton@vsb.org

 

 

Updated: Oct 01, 2012

September 18, 2012

FBI: Lawyers’ Identities Being Used For Fake Websites and Solicitations

A recent scam has surfaced in which the identity of an attorney, who had not practiced in years, was used to set up a fake law firm website using the attorney's maiden name, former office address, and portions of her professional biography.

read complete news release

 

Updated: Sep 18, 2012

September 01, 2012

Virginia State Bar E-News, September 2012

The Virginia State Bar will hold a special Council election to fill the 19th judicial circuit seat. Members in good standing from the 19th judicial circuit may submit their candidate petition on or before October 19 to the VSB. Ballots will be mailed on or before November 2.

Comments are sought by the Clients’ Protection Fund Board to proposed changes to the Rules of Procedure, clarifying how the board processes claims for reimbursement. Submit comments in writing to the VSB by September 30.

Kenneth Dennis Sisk has petitioned the Supreme Court of Virginia for reinstatement of his law license. The VSB Disciplinary Board will hear the petition on October 26.

The Professional Development Seminar, “Building Strong Fundamentals, Refreshing Practice Skills,” will be held on September 21 in two locations this year – Richmond and Washington DC. 6 CLE hours (pending), including 2 in ethics. 

Learn the basics from the best on October 30. Experienced judges and lawyers will provide attendees with practice tips and real-life essentials at the First Day in Practice Seminar. Sponsored by the VSB General Practice Section and the Young Lawyers Conference.  6 CLE credits, 2 ethics (pending). Space is limited – register now.

The MCLE deadline for completing your CLE requirements is October 31. Failure to complete 12 CLE hours, including 2 hours in ethics/professionalism, and 4 hours from live, interactive programs by the deadline will result in a $100 non-compliance fee. Please visit the MCLE page to check your credits, certify your MCLE attendance online, and see a list of approved courses.

Jazz 4 Justice, a benefit supporting the VSB Diversity Conference, Blue Ridge Legal Services, and James Madison University's School of Music scholarships will be held September 29 at JMU in Harrisonburg.

ALPS and the VSB are co-sponsoring the Virginia CLE Tour September 10–13 and October 1–3. The tour is approved for 3 hours of CLE (ethics). Visit www.alpsnet.com/vamcle for more information and to register.

The Virginia State Committee of the American College of Trial Lawyers has established the Chappell-Morris Award for young lawyers. Nominations are due by September 30, 2012.

Updated: Sep 04, 2012

August 24, 2012

VSB Disciplinary Board to Hear Sisk Reinstatement Petition on October 26, 2012

Pursuant to Part 6, Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia, Kenneth Dennis Sisk petitioned the Court on May 20, 2011, for reinstatement of his license to practice law. The Virginia State Bar Disciplinary Board will hear the petition on October 26, 2012, at 9:00 a.m. in House Room D, at the General Assembly Building, First Floor, 910 Capitol Street, Richmond.  After hearing evidence and oral argument, the Disciplinary Board will make factual findings and recommend to the Supreme Court whether the petition should be granted or denied.

The Disciplinary Board seeks information about Mr. Sisk’s fitness to practice law. Written comments or requests to testify at the hearing may be submitted to Barbara S. Lanier, Clerk of the Disciplinary System, 707 East Main Street, Suite 1500, Richmond, Virginia 23219, or to clerk@vsb.org no later than October 17, 2012. Comments will become part of the public record.

The Virginia State Bar Disciplinary Board revoked Mr. Sisk’s license by Order of Revocation Upon Consent entered on August 31, 2005 based on an Affidavit of Consent to Revocation in which Mr. Sisk acknowledged the truthfulness of the material facts underlying a pending complaint involving allegations that Mr. Sisk: i) engaged in the unauthorized practice of law by making two appearances on behalf of a criminal defendant in the United States District Court for the Eastern District of Virginia, Richmond Division, while his license to practice law in the Commonwealth of Virginia was suspended for failure to comply with mandatory continuing legal education requirements; and ii) misrepresented to the Court that the criminal defendant was being represented by another lawyer on whose behalf Mr. Sisk was appearing.  In the Affidavit of Consent to Revocation, Mr. Sisk also acknowledged the truthfulness of allegations that he had threatened to burn down a house resulting in the issuance of a protective order and had been involved in the unauthorized taking of certain personal property.   

At the time of the revocation of Mr. Sisk’s law license, he had no prior disciplinary record.

In his petition for reinstatement, Mr. Sisk stated that: he was licensed to practice law in the Commonwealth of Virginia in 1978, in the State of New York in 1986, and in the State of Georgia in 1992; he self-reported his unauthorized practice of law in 2005; the criminal charge arising from the allegation that he threatened to burn down a house was dismissed and the related protective order was withdrawn; he pled guilty and was convicted in the Richmond General District Court to three counts of petit larceny arising from the allegation of his unauthorized taking of certain personal property; following his disbarment he pled guilty in the Richmond General District Court and Richmond Circuit Court to multiple criminal offenses, specifically, six felonies (five forgery charges and one grand larceny charge) arising from his forging of checks from the business account of an attorney for the purpose of obtaining monies to purchase and consume controlled substances, and eight misdemeanors (three accessory to forgery charges, failure to report, failure to appear, concealed weapon, driving without an operator’s license and driving on a suspended license); all of his ethical misconduct and criminal conduct resulted from his substance addiction; he successfully completed the Richmond Adult Drug Treatment Court program in October 2008; he was employed in a litigation support position from 2006-2008 and has been employed as a paralegal since 2008; he has completed more than 60 hours of continuing legal education courses during the five years preceding the filing of his petition for reinstatement; he took the Multistate Professional Responsibility Exam in November 2010 and received a scaled score of 108; he owes the Bar’s Client Protection Fund no monies; he is making regular payments in compliance with a child support and arrears order entered against him in the Northampton County Juvenile and Domestic Relations District Court in July 2010; and he has paid all delinquent taxes he owed the United States Government pursuant to offers in compromise accepted by the Internal Revenue Service.   

A copy of the Order of Revocation Upon Consent entered on August 31, 2005 revoking Mr. Sisk’s law license is available from the clerk at clerk@vsb.org or (804) 775-0539.

 

 

 

Updated: Aug 13, 2012

August 22, 2012

Nominations Sought for 19th Judicial Circuit VSB Council Seat

The Virginia State Bar will hold a special Council election to fill the unexpired term of Elizabeth S. Finberg as a representative of the 19th judicial circuit. Ms. Finberg has resigned. Candidate petitions should be directed to the Executive Director, Virginia State Bar, 707 E. Main Street, Ste. 1500, Richmond, VA 23219, from active members in good standing of the 19th judicial circuit on or before October 19, 2012. Ballots will be mailed on or before November 2 and must be received by the VSB on or before the end of business on November 16.

 

Updated: Aug 22, 2012

August 20, 2012

Jazz 4 Justice Benefit, September 29th

Date and Time:

Starts at 7:00 pm on September 29, 2012, up to midnight on September 29, 2012.

Event Details:
A benefiit supporting Virginia State Bar's Diversity Conference, Blue Ridge Legal Services, and JMU's School of Music scholarships.

JMU Jazz Ensemble under the direction of Chuck Dotas with JMU Faculty Andy Connell, Marlon Foster, Bob Hallahan, David Pope, and Taylor Barnett.

Jam sessions immediately following the concert in the Forbes Center Grand Lobby. Bring your instruments; musicians of all levels welcome!

Tickets are $15, or consider a sponsorship. 2012 Sponsorship Form

Address:
The event is at Forbes Center for the Performing Arts, James Madison University, 147 Warsaw Avenue, Harrisonburg, VA 22807.

View Larger Map

Updated: Aug 21, 2012

August 09, 2012

Nominations Sought for Chappell-Morris Award

The Virginia State Committee of the American College of Trial Lawyers has established the Chappell-Morris Award for young lawyers. The award will be given to a young lawyer who is licensed to practice law in the Commonwealth of Virginia for the purpose of promoting the goals of the American College of Trial Lawyers to maintain and improve the standards of trial practice, the administration of justice, and ethics of the profession.

Nominations are due by September 30, 2012.

download the nomination form

 

Updated: Aug 10, 2012

August 07, 2012

Voluntary Good Practices Guidance to Combat Money Laundering and Terrorist Financing

The ABA Task Force on Gatekeeper Regulation and the Profession has worked with other entities to develop voluntary good practices guidance for lawyers to combat money laundering and terrorist financing. The task force has concerns about how mandatory gatekeeper provisions might affect confidential attorney-client relationships and other issues. Below are two publications from the ABA task force. Publication here does not constitute the position of or an endorsement by the Virginia State Bar:

Voluntary Good Practices Guidance for Lawyers to Detect and Combat Money Laundering and Terrorist Financing [PDF]

FAQs on the Gatekeeper Initiative and Voluntary Good Practices Guidance [PDF]

 

Updated: Aug 07, 2012

August 01, 2012

Virginia State Bar E-News, August 2012

The Membership Task Force seeks public comment on proposed VSB Bylaw revisions to election procedures, including an amendment to permit the VSB to offer a choice between paper ballots and online ballots to its members. Comments are due by September 30.

VSB member volunteers are needed to serve as council members at large, and on the Disciplinary and Mandatory Continuing Legal Education Boards. Nominations are being sought by September 7.

Reminder: The MCLE 4-hour live programming requirement is effective this compliance year. Check your MCLE record online and see FAQs about the new requirement.

The Committee on Legal Ethics is seeking public comment on two proposed advisory LEOs by September 7:

• LEO 1863 – May a lawyer communicate with an insurance adjuster when the insured is represented by a lawyer provided by the insurer?
• LEO 1864 – May a criminal defense lawyer agree that he will not give certain discovery materials to his client during the course of the representation, and that he will remove certain materials from his file prior to the end of the representation?

The Committee on Legal Ethics has issued two advisory LEOs as final:

• LEO 1862 ­– Regarding what constitutes “timely disclosure” of exculpatory evidence, and duties to disclose information in plea negotiations.
• LEO 1866 – Regarding “of Counsel” relationship.

The Professional Development Seminar, “Building Strong Fundamentals, Refreshing Practice Skills,” will be held on September 21 in two locations this year – Richmond and Washington DC. 6.0 CLE hours (pending), including 2.0 in ethics.

Scam alert issued. Take precautions before representing an overseas e-mail client. The FBI reports that Internet scammers are targeting lawyers and law firms with fictitious collection cases.

The June/July issue of Virginia Lawyer, featuring VSB President W. David Harless and the Annual Meeting wrap-up, may be viewed online in a flip-page format.

Updated: Aug 02, 2012

July 30, 2012

Internet Scammers Continue to Target Lawyers and Law Firms

by James M. McCauley

The FBI continues to report that Internet scammers are targeting lawyers and law firms with fictitious collection cases in which a cashier’s check is delivered to the lawyer’s office. In all cases the identity of the debtor and creditor appear legitimate. The cashier’s check tendered to the lawyer by the debtor turns out to be counterfeit, but the scammer hopes that this is not discovered until after the lawyer has deposited the check and disbursed funds to the creditor or client. Typically the lawyer’s bank will tell the law firm that the deposited funds are available for disbursement and the lawyer disburses the funds to the creditor or client pursuant to the latter’s direction. When the check is ultimately flagged and dishonored, the bank will charge back against the lawyer’s trust account. The resulting overdraft (usually in amounts between $250,000 and $450,000) becomes a problem for the lawyer and for which the lawyer’s bank disclaims liability.  Further, the lawyer’s professional liability insurer may deny coverage for the loss. 

In a slight variation of the scheme’s execution, the law firm receives an e-mail from what appears to be an attorney located in another state requesting assistance for a client. The client needs aid in collecting a debt from a company located in the law firm’s state. In some cases, the name of the referring attorney and the debtor company used in the e-mail were verified as legitimate entities and were being used as part of the scheme. The law firm receives a signed retainer agreement and a check made payable to the law firm from the alleged debtor. The client instructs the law firm to deposit the check and to wire the funds, minus all fees, to an overseas bank account. The law firm discovers after the funds are wired that the check is counterfeit.

Here are some precautions you should consider:

1. If you decide to represent a client via e-mail, especially one who purports to reside overseas, add a paragraph to your fee agreement allowing you to hold funds collected from the debtor for a sufficient period of time to verify the validity of the paying instrument.
2. Consider including a similar provision for retainers paid by your client. (In one variation of this scam, the overseas client uses a counterfeit check to pay the lawyer’s retainer then quickly fires the lawyer, demanding an immediate refund by wire transfer.)
3. Although the latest alert refers to counterfeit checks, lawyers have also been scammed by counterfeit money orders. If you collect a debt under the scenario described above, wait at least ten business days before disbursing any funds regardless of the instrument used to pay the debt. In some circumstances, it may be appropriate to double this waiting period.
4. If you are the victim of a scam, file a complaint with the Internet Crime Complaint Center at www.ic3.gov. No duty of confidentiality is owed by the lawyer to the scammer.

Updated: Jul 31, 2012

July 13, 2012

Proposed VSB Bylaws revisions to election procedures for president-elect and council

The Membership Task Force of the Virginia State Bar (VSB) proposes that the VSB Bylaws be amended to permit the use of means, other than U.S. mail, for election notification and balloting. As of June 30, 2012, the VSB has 30,515 active members. In light of the large membership, the Membership Task Force was of the opinion that an online voting system for elections should be considered to increase the number of people who vote in Council and president-elect elections and to decrease costs. The proposed bylaw change will permit flexibility in the system, permitting the VSB to offer a choice between paper ballots and online ballots to their members. The proposed changes also include a provision that if Council members change their address of record from the jurisdiction they are representing, then a special election will be held for that vacancy, and deletes the provision for write-in Council candidates.

The following proposal is published for public comment, which should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, VA  23219 or gould@vsb.org, no later than the end of the business day on the day of the deadline.

Deadline: September 30, 2012.

view proposed rule changes (PDF)

view current Bylaws

 

Updated: Aug 01, 2012

July 11, 2012

Circuit court vacancies

Candidates interested in filling judicial vacancies in the 6th, 10th and 29th Judicial Circuits can apply online. Virginia's Constitution gives the governor the authority to appoint judges to fill judicial vacancies “which exist while the General Assembly is not in session.” Appointees will serve until 30 days after the start of the next session of the General Assembly.

Updated: Jul 11, 2012

July 01, 2012

Virginia State Bar E-News, July 2012

The Virginia State Bar Council met on June 14, 2012, in Virginia Beach, during the Annual Meeting. Richmond attorney W. David Harless was sworn in as the 74th VSB president on June 15, and Sharon D. Nelson assumed the post of president-elect.

The name of the Judicial Nominations Committee has been changed to the Judicial Candidate Evaluation Committee. The VSB Council also approved changes to the committee’s procedures.

Dues statements were mailed on June 15. The annual dues must be received at the Virginia State Bar by July 31, or delinquency fees will be assessed. Pay online through the member login.

Enclosed in your dues statement is a request for voluntary contributions to Legal Services Corporation of Virginia. Please take a moment to read the appeal and consider a donation. If your firm takes care of your dues payment for you, please ask the person responsible for opening and handling your dues form to forward the legal aid donation letter to you personally.

Check your MCLE hours online. The MCLE compliance deadline is October 31.

LEO 1859, which addresses whether a criminal defense lawyer may disclose information to a government lawyer after a former client makes a claim of ineffective assistance of counsel, is issued as final.

Comments are sought on the proposed payee notification statute. Deadline for comments is September 30.

The ABA is providing training in Washington D.C. to help lawyers spot notario fraud, learn how to file a complaint against notarios in Virginia, Maryland and D.C., and overcome issues when litigating cases.

Updated: Jul 01, 2012

June 28, 2012

Nominations Sought for Board and Committee Vacancies

Volunteers are needed to serve the Virginia State Bar’s special boards and committees. The Nominating Committee will refer nominees to the VSB Council for consideration at its October 2012 meeting.

Vacancies in 2013 are listed below. All appointments or elections will be for the terms specified, beginning on July 1, 2013.

Council Members at Large: 3 lawyer vacancies (of which 2 incumbents are eligible for reappointment to a second term and 1 incumbent is not eligible for reappointment). May serve 2 consecutive 3-year terms.

Disciplinary Board: 7 lawyer vacancies and 1 lay member vacancy (of which 3 lawyer members are eligible for reappointment to a second 3-year term, 4 lawyer members are not eligible for reappointment, and 1 lay member is eligible for reappointment to a second 3-year term). District committee service is required. May serve 2 consecutive 3-year terms.

Mandatory Continuing Legal Education Board: 3 lawyer vacancies (of which 1 current member is eligible for reappointment to a second term and 2 members are not eligible for reappointment). May serve 2 consecutive 3-year terms.

Nominations, along with a brief résumé, should be sent by September 7, 2012, to George W. Shanks, Chair, VSB Nominating Committee, Virginia State Bar, 707 E. Main St., Suite 1500, Richmond, VA 23219, or emailed to nominations@vsb.org.

Updated: Jun 29, 2012

June 21, 2012

Nominations Committee Name Change, Policies Approved

The name of the Judicial Nominations Committee has been changed to the Judicial Candidate Evaluation Committee. The VSB Council also approved changes to the committee’s procedures at its meeting on June 14. The revised policy is below.

VIRGINIA STATE BAR
JUDICIAL CANDIDATE EVALUATION COMMITTEE

The Virginia State Bar Judicial Candidate Evaluation Committee (JCEC or Committee) consists of thirteen active lawyer members, one from each of the bar’s ten disciplinary districts and three from the state at large, elected to staggered three-year terms by Council on recommendation of the nominating committee. Committee members are not eligible to serve a second consecutive three-year term, but former members may serve as members pro tempore. The VSB’s Executive Committee shall assign a representative to serve as a liaison to the JCEC as a non-voting member. The chair is selected by the Committee each year.

In instances where one or more currently serving members of the Committee are not available to participate in the process of developing and making recommendations for a particular judicial vacancy, the chair of the Committee may appoint, as members pro tempore, a like number of past members of the Committee who are willing and able to serve during the process of developing and making recommendations for that judicial vacancy.

          1.     Investigation and Evaluation Process:

            When a judicial vacancy occurs on the Supreme Court of Virginia, the Court of Appeals of Virginia, the State Corporation Commission, the Federal District Courts in Virginia, or a Virginia seat on the United States Court of Appeals for the Fourth Circuit, it is the responsibility of the JCEC to consider and, where appropriate, seek nominees.  A member of the JCEC from a particular VSB disciplinary district will normally be assigned to investigate any and all nominees from that district.  The VSB’s Executive Committee will be notified of the candidates’ names once they are determined.  Sources will be assured of confidentiality by the investigating Committee member, who will report orally to the Committee on his or her overall findings and conclusions as to each nominee without attribution.  After judicial nominees are investigated by individual members of the Committee, it will act as a whole to conduct personal interviews with nominees and engage in any other additional investigation deemed necessary.

            Following investigation and personal interviews of the candidates, the Committee shall vote on the qualifications of all candidates.  Any candidate who fails to receive an affirmative vote from a simple majority of those voting shall not be reported by the Committee.  All candidates who receive an affirmative vote from a simple majority of those voting shall be deemed and reported as “Qualified.”  The Committee shall thereafter conduct a second vote to determine, by simple majority of those voting, whether any of the candidates deemed qualified possesses a level of qualification and distinction sufficient to merit the designation “Highly Qualified.” 

            At the conclusion of the Committee’s deliberations and voting, the Committee shall prepare an executive summary of the Committee’s reasons for its actions with respect to each candidate being designated as either “Qualified” or “Highly Qualified.”  The vote count for each candidate’s evaluation of “Qualified” or “Highly Qualified” shall be included in the executive summary of each candidate.

            The Committee’s designations and executive summaries shall be provided to the Executive Committee (EC) and shall be deemed approved by the EC unless the EC takes action otherwise.  JCEC’s designations and executive summaries shall thereafter be forwarded to the appointing authority in writing and, if permitted, presented orally in person, by the President or his or her designee.  Following submission of the Virginia State Bar’s designations and executive summaries, these documents will speak for the organization, and no representative of the Virginia State Bar is authorized to offer any further statement regarding any person’s qualifications or suitability for the vacancy, unless the process is re-opened by the appointing authority and the Virginia State Bar’s evaluations are again requested for the vacancy utilizing the process outlined in this policy.

          2.     Evaluation Criteria and Considerations:

            The evaluation should follow the criteria and considerations listed below, i.e., the Committee member conducting the investigation should seek information relating to the integrity, professional competence, and judicial temperament of the candidate:

          a.     Integrity is self-defining.  The nominee’s character and general reputation in the legal community are investigated, as are his or her industry and diligence.

          b.     Professional competence encompasses such qualities as intellectual capacity, judgment, writing and analytical ability, knowledge of the law and breadth of professional experience.

          c.     In evaluating the experience of a nominee, the Committee recognizes that opportunities for advancement in the profession for women and members of minority groups may have been limited. Substantial courtroom and trial experience (as a lawyer or a trial judge) is important for nominees to both the appellate and the trial courts. Additional experience that is similar to in-court trial work — such as appearing before or serving on administrative agencies or arbitration boards, or teaching trial advocacy or other clinical law school courses — is considered by the Committee in evaluating a nominee's trial experience. Significant evidence of distinguished accomplishment in the field of law may compensate for a nominee's lack of substantial courtroom experience.

          d.     Recognizing that an appellate judge deals primarily with records, briefs, appellate advocates and colleagues (in contrast to witnesses, parties, jurors, live testimony and the theater of the courtroom), the Committee may place somewhat less emphasis on the importance of trial experience as a qualification for the appellate courts. On the other hand, although scholarly qualities are necessary for the trial courts, the Committee believes that appellate court nominees should possess an especially high degree of scholarship and academic talent and an unusual degree of overall excellence. The ability to write lucidly and persuasively, to harmonize a body of law and to give guidance to the trial courts for future cases are considered in the evaluation of nominees for the appellate courts.

          e.     The Committee considers that civic activities and public service are valuable experiences, but that such activity and service are not a substitute for significant experience in the practice of law, whether that experience be in the private or public sector.

           f.     In investigating judicial temperament, the Committee considers the nominee's compassion, decisiveness, open-mindedness, courtesy, patience, freedom from bias and commitment to equal justice under the law.

 

Approved by Council on June 17, 1993
Amended by Council on June 18, 1998
Amended by Council on June 19, 2003
Amended by the Executive Committee pursuant to Council authorization, November 30, 2006
Amended by Council on March 2, 2007
Amended by Council on October 19, 2007
Amended by Council on June 14, 2012

                                   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Updated: Jun 21, 2012

June 20, 2012

Fighting Notario Fraud: Consumer Protection Theories

Upcoming ABA training in Washington D.C. will help lawyers spot notario fraud, learn how to file a complaint against notarios in Virginia, Maryland and Washington D.C., and overcome issues when litigating cases.
 

Fighting Notario Fraud:
Consumer Protection Theories

Monday, July 23, 2012, 1:00 pm – 4:00 pm

Location: Bryan Cave LLP
1155 F Street, NW
Washington, DC 20004

COSPONSORED BY THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION AND
THE ABA SECTION OF ANTITRUST LAW PRIVATE ADVERTISING LITIGATION COMMITTEE

Join the ABA Commission on Immigration for one or all of these training opportunities:

 

1:00 – 2:00 pm:    How to Spot Notario Fraud and What Information to Collect From Your Clients When You Do

Join panelists as they provide an overview of notario fraud and discuss tools for identifying victims, as well as the information that should be collected from victims to assess their case under consumer protection laws. This session will help lawyers and non-profit organization staff understand how to better assist victims of notario fraud by referring consumer law complaints from victims. 

2:00 – 3:00 pm:    Filing Complaints Against Notarios in Maryland, Virginia, and Washington D.C.

Join panelists for a presentation on the process of filing complaints against notarios in the region. This introductory session will guide lawyers through the relevant rules of civil procedure and causes of action in Maryland, Virginia and D.C. The presentation will include an overview of the FTC Act and state consumer protection laws. 

3:00 – 4:00 pm:     Issues When Litigating Notario Fraud Cases: A Practical Discussion

The final workshop of the day will be a discussion about strategies for overcoming common difficulties in litigating notario fraud cases.  During this session, speakers will address questions posed by participants.   This session will be geared to attorneys with consumer protection experience or those who have attended previous training sessions. 

Confirmed speakers include:

• David Zetoony, Bryan Cave LLP
• Prof. Peter Holland, University of Maryland Francis King Carey School of Law

 

For additional information, please contact:
ABA Commission on Immigration
740 Fifteenth Street, NW, Washington, DC 20005
Phone: (202) 662-1005   Fax: (202) 638-3844
Email: FNF@americanbar.org

 

To join the American Bar Association, please visit www.americanbar.org/join

Updated: Jun 20, 2012

June 18, 2012

VSB Dues Can Be Paid Online

Lawyers can now renew their Virginia State Bar membership and pay their dues online.

Online Membership Renewal is available to members in good standing with active, active/Virginia corporate counsel, and associate memberships. Members also still have the option of renewing by postal mail. Dues statements were mailed June 15, 2012.

The online service accepts individual attorney renewals only.

Access is provided through the secure “Member Login” area of VSB.org. As with the paper statements, members who choose “Online Membership Renewal” certify whether they are covered by a professional liability insurance policy, select what voluntary sections they wish to join, and pay their mandatory annual dues (including the mandatory $25 Clients’ Protection Fund fee), plus any section dues, by credit card.

The site accepts MasterCard and Visa, which can be applied to dues-related payments only. These include late fees that accrue after the membership compliance deadline of July 31. The membership renewal, insurance certification, and dues payment are processed immediately, and a receipt is issued.

Access to the Online Membership Renewal option is available until early October, when attorneys are administratively suspended for membership noncompliance.

Online Membership Renewal is the first of several planned improvements to give members more flexibility and convenience through the VSB website.

 

Updated: Jun 18, 2012

June 18, 2012

Highlights of the June 14, 2012, Virginia State Bar Council Meeting

At its meeting on June 14, 2012, in Virginia Beach, the Virginia State Bar Council heard the following significant reports and took the following actions:

Budget

The council approved a $13.6 million budget for 2012–13. This is an increase of $793,000 over the 2011–12 operating budget. The budget includes a 3 percent bonus for VSB staff and an increase in funding for Lawyers Helping Lawyers.

Payee Notification

The Payee Notification Task Force’s recommendations will be presented to the VSB Council for a vote in October. The legislation would require insurers to notify claimants when they disburse settlement proceeds of $5,000 or more to claimants’ attorneys. The proposed statute is out for notice and comment. The task force also passed a measure encouraging the Clients Protection Fund and VSB Council to increase the current loss limits of $50,000 per individual client to at least $100,000 and to increase the current 10 percent of the net worth of fund limit per attorney to at least 15 percent.

Personnel matters

Robert L. “Scott” Prince and Anastasia K. Jones will join the Department of Professional Regulation as the newest assistant bar counsel. Prince has spent twenty years as a general practitioner focusing on criminal defense and domestic relations. Jones spent six years on a partnership track at an Orange County, California, law firm before relocating to Virginia. She has been a general practitioner since then focusing on criminal defense, domestic relations, estates, and small business.

Resolutions

The council unanimously approved a resolution honoring Kimberly Slayton White for her years of service to the VSB. The council also approved resolutions honoring George Warren Shanks for his years of service and his law firm for its support of Shanks during his years on the VSB Council.

 

Updated: Jun 18, 2012

June 18, 2012

Proposed Payee Notification Statute

Deadline for comment: September 30, 2012

Comments should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, VA 23219, no later than the end of the business day on the day of the deadline.

On April 25, 2012, the Virginia State Bar Payee Notification Task Force approved the proposed statute. The task force has recommended unanimously that insurance companies be required to notify claimants or judgment creditors that the insurer has issued a payment of $5,000 or more in settlement of a liability claim or judgment to the attorney or other representative of the claimant or judgment creditor. The proposed statute will be presented to the VSB Council in October.

Notice of settlement payment.

A. Upon payment by any insurer of at least $5,000 in a single check to an attorney licensed in Virginia, or other representative, in settlement or satisfaction by an insured or a third party of any claim arising out of an insurance policy issued or delivered in Virginia, the insurer shall send to the claimant or judgment creditor on the underlying insurance or liability claim a notice of such payment as required by subsection B within five business days of the date payment is made or sent to the attorney or other representative of the claimant or judgment creditor.

B. The notice required pursuant to subsection A shall be sent to the physical or electronic address furnished by the claimant or judgment creditor to the insurance company, unless the claimant or judgment creditor has advised the insurance company that no such notice shall be sent.  In the absence of any address or advice furnished by the claimant or judgment creditor, the notice shall be sent to the last known physical or electronic address of the claimant or judgment creditor.

The notice shall be sent by the insurance company only after a settlement has been agreed to by the attorney or other representative of the claimant or judgment creditor and within five business days of the date payment is made or sent to the attorney or other representative, and the notice shall contain only the following language:

"Pursuant to § _____ of the Code of Virginia, you are hereby notified that a payment was sent on (insert date on which payment sent) by (insert name of insurer) to your attorney or other representative (insert name, address, and telephone number of attorney or other representative known to insurer), in satisfaction of your claim or judgment against (insert name of insurer, or insured, whichever is appropriate).

If you have any questions, please contact your attorney or other representative."

C. Nothing in subsection A or B shall (i) create any cause of action for monetary damages for any person against an insurer based upon a failure to provide notice as required by this section or the provision of a defective notice, (ii) establish a defense for any person to any cause of action based on a failure to provide notice as required by this section or the provision of a defective notice, or (iii) invalidate or in any way affect the settlement or satisfaction for which the payment was made by the insurer.

D.  Except as provided and authorized by this section of the Code of Virginia, no insurer shall otherwise communicate with a claimant or judgment creditor known to be represented by an attorney licensed in Virginia, or other representative, regarding settlement of a claim or satisfaction of a judgment, without the written consent of such attorney or other representative.

 

 

Updated: Jun 18, 2012

June 18, 2012

Annual Dues Statements Mailed

Deadline to Pay Is July 31

Statements for annual dues were mailed June 15, 2012. Annual dues must be received at the Virginia State Bar offices by July 31, 2012, in order to avoid late fees. The dues of $225 for active VSB members and $112.50 for associate members reflect the reduction approved by the Supreme Court.

All active Virginia State Bar members also must pay the $25 Clients' Protection Fund assessment and provide a completed and signed Mandatory Certification Regarding Professional Liability Insurance by July 31. Separate fines will be assessed for delinquent dues and CPF fees and incomplete or missing liability insurance certifications.

Dues statements also can be printed off at the following links and mailed in:

• 2012-13 Dues Form (PDF)
• Corporate Counsel Registrants Dues Form 2012-13 (PDF)

Members also can submit their dues statements and payments online through the “Member Login” area of VSB.org soon.

The VSB began providing permanent bar cards in 2010. Please do not discard those cards. Replacement bar cards are available upon request at a cost of $10.

Your mailed dues statement includes a request for a voluntary contribution to the Legal Services Corporation of Virginia, which supports legal aid programs for low-income persons. Please consider a donation.

 

Updated: Jun 18, 2012

June 16, 2012

Sharon D. Nelson is President-elect of Virginia State Bar

Sharon D. Nelson, president of Sensei Enterprises Inc., is the Virginia State Bar’s new president-elect. She will serve for a year, then succeed W. David Harless for the 2013-14 term as president.

Nelson took the office June 19 during the VSB’s annual meeting in Virginia Beach.

Sensei Enterprises Inc. is a digital forensics, information security, and legal technology firm in Fairfax.

Nelson graduated from Georgetown University Law Center and has been in private practice since, now concentrating exclusively in electronic evidence law.

She is a past president of the Fairfax Bar Association, a director of the Fairfax Law Foundation, and serves as a member of ARMA’s E-Discovery Advisory Group. She is a former chair of the American Bar Association’s Law Practice Management Publishing Board and Chair of the Law Practice Management Education Board.

She is also a graduate of Leadership Fairfax, is a past chair of the American Bar Association’s TECHSHOW, and serves on the Virginia State Bar governing Council and on its Executive Committee, on its Technology Committee, and as chair of the Unauthorized Practice of Law Committee.

The Supreme Court of Virginia appointed her to the statewide E-Filing Committee beginning in 2010.

She is a co-author of Locked Down: Information Security for Lawyers (American Bar Association, 2012), The Electronic Evidence and Discovery Handbook: Forms, Checklists and Guidelines (American Bar Association, 2006) and Information Security for Lawyers and Law Firms (American Bar Association, 2006), as well as the 2008, 2009, 2010, 2011and 2012 Solo and Small Firm Legal Technology Guides (American Bar Association, 2008-2012). She is also a co-author of How Good Lawyers Survive Bad Times (ABA, 2009).

Nelson is the author of the noted electronic evidence blog, Ride the Lightning and is a co-host of the American Bar Association podcast series called “The Digital Edge: Lawyers and Technology” and the Legal Talk Network podcast “Digital Detectives.”

She is a frequent author and speaker on legal technology, information technology, and electronic evidence. She is also a court appointed special advocate for abused and neglected children.

Nelson is married to John W. Simek, vice-president of Sensei Enterprises.

 

Updated: Jun 11, 2012

June 16, 2012

Richmond Attorney W. David Harless Is President of Virginia State Bar

Warren David Harless of the Richmond firm Christian & Barton LLP is the Virginia State Bar’s new president for the 2012-13 term. He heads the state agency that regulates and supports 45,000 Virginia lawyers.

He was sworn in June 15, during the VSB’s annual meeting at Virginia Beach.

A native of Jonesville in Lee County, Harless earned an undergraduate degree from the University of Kentucky and a law degree from the University of Virginia. He served a clerkship for U.S. District Judge Glen M. Williams, now retired, of the Western District of Virginia before joining Christian & Barton.

He is a partner in the firm’s litigation department, is head of the firm’s employment practice group, and serves on the firm’s executive committee. He has authored or co-written numerous publications and continuing legal education materials within his practice areas of expertise, and serves frequently as a speaker at continuing education seminars within the profession. He has been a faculty member of the VSB’s Mandatory Course on Professionalism and the panel that trains the faculty. He also has taught in the National Trial Advocacy College at the University of Virginia.

Harless also has chaired the Bench-Bar Relations Committee, served as a member of the Budget and Finance Committee, and served on the task force that established the Diversity Conference.

He is a fellow of the American College of Trial Lawyers and the Virginia Law Foundation and a member of the Lewis F. Powell Jr. American Inn of Court, the Virginia Bar Association and its Boyd-Graves Conference, the Virginia Trial Lawyers Association, and the Bar Association of the City of Richmond, for which he served as its president in 1999-2000.

Harless’s father, Warren Yokely Harless, was a Virginia state trooper who was killed in the line of duty in 1968. From 1992 until 2006, David Harless was a director of the Virginia Public Safety Foundation, which provides financial assistance and scholarships to families of Virginia public safety officers killed in the line of duty. He was president of the foundation in 1997-98, and the foundation recognized him for distinguished service in 2001. He is a former member and chair of the Commonwealth Public Safety Medal of Valor Review Board, and he has served on the Executive Board of the Boy Scouts of America Heart of Virginia Council.

Harless is married to the former Deborah Ann Young of Richmond. Between them they have five children ranging in age from 14 to 27.

Updated: Jun 11, 2012

June 11, 2012

On-site Registration for Annual Meeting Now Open

Online registration for the meeting has closed. You may register on-site at the Cavalier Oceanfront Hotel beginning the afternoon of Wednesday, June 13.

Your annual meeting registration fee entitles you to attend the numerous CLE programs and special events scheduled by the Virginia State Bar on June 15–16. Warren David Harless of Richmond will be sworn in as the 74th VSB president on Friday, June 15, during the banquet.

more information on events and exhibitors

 

Updated: Jun 13, 2012

June 04, 2012

Dunnaville to Receive First Diversity Conference Award

Clarence M. Dunnaville Jr. will receive the first Virginia State Bar Diversity Conference’s Achievement Award at the Virginia State Bar’s annual meeting on June 15 in Virginia Beach.  Dunnaville is being honored for setting an example of excellence that members of the Conference can emulate to meet its mission and goals by fostering, encouraging, and facilitating diversity and inclusion in the bar, the judiciary, and the legal profession.  In further honor of Dunnaville, the award will be named after him.

Dunnaville, a Richmond lawyer, has devoted his life to civil rights. He participated in demonstrations in the 1950s, volunteered with the Lawyers’ Committee for Civil Rights Under Law as a civil rights attorney in Mississippi in the 1960s, and served as the New York Executive Director of the Interracial Council for Business Opportunity, which was involved in creating minority group entrepreneurs in the 1970s.

In the early 1980s he co-founded Workshops in Business Opportunities to assist minority entrepreneurs gain business skills.  Throughout the 1980s he continued to work with minority group entrepreneurs.  In 1990, he returned to his home state of Virginia and continued to be an advocate for justice.  He joined the small law firm of Oliver W. Hill who was one of the trial lawyers in Brown v. Board of Education and engaged in numerous activities to promote access to justice and equality of opportunity.

“Clarence really is an inspiration to us all,” said Manuel A. Capsalis, a former president of the bar and past chair of the Diversity Conference. “He has and continues to work tirelessly for civil rights and to assure that all of our citizens have equal access to justice. He has always led by example.”

Dunnaville is a founding member of the Oliver White Hill Foundation which has purchased and restored Hill’s boyhood home. Upon completion of the restoration, Dunnaville formed a coalition of a law school and legal practitioners who work out of the restored home to provide legal services to the poor.

The Virginia State Bar awarded the 2009 Lewis F. Powell Jr. Pro Bono Award to Dunnaville for his work on behalf of disenfranchised individuals. This award followed the 2007 Segal-Tweed Founders Award by the Lawyers’ Committee for Civil Rights Under Law for outstanding leadership and service in the cause of equal justice.

He continues to devote a substantial amount of his time to projects relating to access to justice by the poor and on diversity causes. He is on the Board of Governors of the Virginia State Bar Diversity Conference, and as Michael HuYoung, the Chair of the Conference, acknowledges, “Clarence may be the oldest member on the Board, but he is by far the most active putting the rest of us to shame.”

Dunnaville received a bachelor’s degree from Morgan State University and a law degree from St. John’s University.

Updated: Jun 04, 2012

June 01, 2012

Virginia State Bar E-News, June 2012

The Legal Ethics Committee is seeking public comment on proposed advisory LEO 1866 regarding the appropriate circumstances in which a lawyer can be identified as “of counsel” to a firm. Comments are due by July 6, 2012.

Congratulations to the newly elected, reelected, and Court-appointed members of the Virginia State Bar Council.

Check your mail – Dues statements will be mailed June 15.

• The annual dues must be physically received at the Virginia State Bar by July 31, or delinquency fees will be assessed. All active members must pay the Clients' Protection Fund assessment and provide a completed and signed Mandatory Certification Regarding Professional Liability Insurance, also by July 31. Separate fines will be assessed for unpaid dues, unpaid CPF fees, and incomplete liability insurance certifications.
• Beginning June 18, online dues renewal will be available. Virginia lawyers can renew their membership, certify their liability insurance coverage, join VSB sections, and pay their dues by going to Member Login at VSB.org.

Last call for Annual Meeting online registration. Online pre-registration will be accepted until 5:00 p.m. Monday, June 11, or register on-site in Virginia Beach. Warren David Harless of Richmond will be sworn in as the 74th VSB president on Friday, June 15, during the banquet.

The Virginia Law Foundation is seeking nominations for the 2013 class of Fellows. Nominations will be accepted through July 2, 2012.

Updated: May 31, 2012