SAMUEL H. WILLIAMS u JOHN S. BATTLE u GUY B. HAZELGROVE u CHARLES E. POLLARD

JOHN C. PARKER JR. u HOMAN W. WALSH u ASHTON DOVELL u MACON M. LONG u THOMAS H. WILLCOX

FRANK TALBOTT, JR. u THOMAS W. PHILLIPS u ROBERT T. BARTON, JR. u STUART T. SAUNDERS

BLACKSTONE D.AYRES u HON. LANGHORNE JONES u WILLIAM ROSENBERGER, JR. u AUBREY R. BOWLES JR.

EDWIN R. JAMES u ROBERT E. TAYLOR JAMES H. SIMMONDS EDWARD R. BAIRD u WILLIAM H. KING

E. GRIFFITH DODSON u C. VENABLE MINOR WILLIAM E. WHITE HON. u FRED W. BATEMAN

HON. EDWARD P. SIMPKINS u JOHN D. CARR u WILLIAM C. WORTHINGTON u H. MARSTON SMITH

WILLIAM H. WOODWARD W. HUTCHINGS OVERBEY C. WYNNE TOLBERT u PHILIP L. LOTZ

JAMES A. HOWARD u HOWARD W. DOBBINS u PHILIP M. SADLER u HON. JOSEPH E. SPRUILL JR.

R. HARVEY CHAPPELL JR. u HON. WILLIAM T. PRINCE u WILLIAM M. BASKIN u JAMES C. ROBERTS

WILLIAM B. POFF u WALLER H. HORSLEY u ALEX T. MAYO JR. u WILLIAM D. DOLAN III

ROBERT H. PATTERSON JR. u WILLIAM W. ESKRIDGE u RODERICK B. MATHEWS u J. JAY CORSON IV

PHILIP B. MORRIS u C. FLIPPO HICKS RAYMOND J. DIAZ u WILLIAM R. RAKES u HON. R. EDWIN BURNETTE JR.

KATHLEEN O’BRIEN u MICHAEL W. SMITH u ROBERT B. ALTIZER u EDWARD B. LOWRY u JOHN A.C. KEITH

W. SCOTT STREET III u JOSEPH A. CONDO u MICHAEL A. GLASSER u BERNARD J. DIMURO

JEANNIE P. DAHNK u DAVID P. BOBZIEN PHILLIP V. ANDERSON u KAREN A. GOULD u HOWARD W. MARTIN JR.

MANUEL A. CAPSALIS u JON D. HUDDLESTON u IRVING M. BLANK u GEORGE WARREN SHANKS

W. DAVID HARLESS u SHARON D. NELSON u SAMUEL H. WILLIAMS u JOHN S. BATTLE u GUY B. HAZELGROVE

CHARLES E. POLLARD u JOHN C. PARKER, JR. u HOMAN W. WALSH u ASHTON DOVELL u MACON M. LONG

THOMAS H. WILLCOX u FRANK TALBOTT, JR. u THOMAS W. PHILLIPS u ROBERT T. BARTON JR.

STUART T. SAUNDERS u BLACKSTONE D.AYRES u HON. LANGHORNE JONES u WILLIAM ROSENBERGER JR.

AUBREY R. BOWLES JR. u EDWIN R. JAMES u ROBERT E. TAYLOR JAMES H. SIMMONDS u EDWARD R. BAIRD

WILLIAM H. KING u E. GRIFFITH DODSON u C. VENABLE MINOR u WILLIAM E. WHITE

HON. FRED W. BATEMAN u HON. EDWARD P. SIMPKINS u JOHN D. CARR u WILLIAM C. WORTHINGTON

H. MARSTON SMITH u WILLIAM H. WOODWARD W. HUTCHINGS OVERBEY u C. WYNNE TOLBERT

PHILIP L. LOTZ u JAMES A. HOWARD u HOWARD W. DOBBINS u PHILIP M. SADLER

HON. JOSEPH E. SPRUILL JR. u R. HARVEY CHAPPELL JR. u HON. WILLIAM T. PRINCE

WILLIAM M. BASKIN u JAMES C. ROBERTS u WILLIAM B. POFF u WALLER H. HORSLEY

ALEX T. MAYO JR. u WILLIAM D. DOLAN, III u ROBERT H. PATTERSON JR. u WILLIAM W. ESKRIDGE

RODERICK B. MATHEWS u J. JAY CORSON IV u PHILIP B. MORRIS u C. FLIPPO HICKS

RAYMOND J. DIAZ u WILLIAM R. RAKES u HON. R. EDWIN BURNETTE JR. u KATHLEEN O’BRIEN

MICHAEL W. SMITH u ROBERT B. ALTIZER u EDWARD B. LOWRY u JOHN A.C. KEITH

W. SCOTT STREET III u JOSEPH A. CONDO u MICHAEL A. GLASSER u BERNARD J. DIMURO

JEANNIE P. DAHNK u DAVID P. BOBZIEN u PHILLIP V. ANDERSON u KAREN A. GOULD

HOWARD W. MARTIN JR. u MANUEL A. CAPSALIS u JON D. HUDDLESTON u IRVING M. BLANK

GEORGE WARREN SHANKS u W. DAVID HARLESS u SHARON D. NELSON u SAMUEL H. WILLIAMS

JOHN S. BATTLE u GUY B. HAZELGROVE u CHARLES E. POLLARD u JOHN C. PARKER JR. u HOMAN W. WALSH

ASHTON DOVELL u MACON M. LONG u THOMAS H. WILLCOX u FRANK TALBOTT JR.

THOMAS W. PHILLIPS u ROBERT T. BARTON JR. u STUART T. SAUNDERS u BLACKSTONE D.AYRES

u HON. LANGHORNE JONES u WILLIAM ROSENBERGER, JR. u AUBREY R. BOWLES, JR. EDWIN R. JAMES u

Virginia LawyerVOL . 6 2 / NO. 3 • OC TOBER 2 0 1 3The Official Publication of the Virginia State Bar

Special Anniversary Edition

Row 1 (L-R): William Kinckle Allen, B.L. Dickinson, Frederick C. Hoback, John W. Carter, Charles E. Pollard, John B. Oliver, Marcus A. Cogbill, H.W. Walsh, R. E. Garland, Gardner L.

Boothe. Row 2: Frank W. Rogers, Guy B. Hazelgrove, Samuel H. Williams, Justice Herbert B. Gregory, Justice Edward W. Hudgins, Justice George L. Browning, John Battle, James W.

Gordon, S. H. Sutherland. Row 3: Channing Hall, Roscoe Stephenson, Joseph E. Proffitt, Joseph Gillespie, Walter H. Robertson, Stewart Powell, Robert O. Morris, W.M. Minter,

Stuart Robertson, Stuart B. Campbell, Ashton Dovell, Burr P. Harrison, James G. Martin, Andrew J. Ellis, John C. Parker, Curtis Hand, Roderick Triplett, George D. Conrad, Charles E.

Ford, Ennis Eanes, Irby Turnbull, C. G. Quesenberry. Not Pictured: Robert R. Beaton, S.H. Bond, William V. Ford, M.M. Long.

The first Virginia State Bar Council, 1938.

The 75th Anniversary of the Virginia State Bar:

A Cause for Celebration and Resolveby Sharon D. Nelson

As you look at the photo on the opposite page, this is clear: Seventy-Five years ago,

our members were men—and white. This is our history, and the history of other

bars as well, so I don’t shake my head. I like history. We learn from history. If we

remember history, we stand a reasonable chance of not repeating our mistakes.

On our 75th anniversary, we have much to celebrate. We are a rainbow of colors; we now

graduate as many women as men from our law schools and we actively seek to raise the aware-

ness of diversity (kudos to the VSB Diversity Conference for its fine work). We’re not at the

end of that road, by any means, but our progress is astonishing and we are resolved that it will

continue.

There are some items of our history to make us chuckle:

• Our dues in 1939 were $3.50 a year;

• In 1940, there was one disbarment;

• In 1947, the VSB president wanted to create a regular VSB publication but the attorney general said it

was prohibited by law;

• In 1948, we borrowed $1,000 from the state to help pay our debts (I hear former President Irv Blank

roaring with laughter as he reads that one);

• In 1985, we started a study on computerizing the VSB office.

There were some solemn moments:

• In 1942, 12 percent of our 2,560 active members joined the armed services, five died in combat and

many more were injured.

• Along the way, there were multiple argy-bargies between the VSB and the voluntary bars. I am happy to

report that the peace pipe was smoked long ago and we all recognized that we were each other’s natural

allies. We have been steadfast friends ever since.

President’s Message continued on page 2

VIRGINIA LAWYER | October 2013 | Vol. 622

We have a long and distinguished

history as a bar that sought, as it grew,

to evolve with the times, to find new

ways to live up to its mission, succeed-

ing in large part and suffering the odd

misstep along the way. We’ve seen a lot

of change —we have an increasingly

diverse bench, with more diversification

certain to come. We’ve had an African

American chief justice and a woman

chief justice. Our first Asian American

circuit court judge joined the bench just

this year. Our disciplinary process has

become more and more open—and, in

my humble opinion, is second to none.

We act compassionately in those cases

which beg for compassion, but we are

clear about our mission to “clean our

house” where lawyers cannot or will not

be saved from their ethical lapses—or

where the lapse is so egregious that dis-

barment is the only alternative.

We have lots of committees, all

doing fine work. We have a vibrant

Young Lawyers Conference, whose

energy makes me tired just writing

about it. We work hard to bring free

continuing legal education programs to

every corner of the commonwealth and

have the continuing challenge of mak-

ing sure that the CLE available to

Virginia lawyers in the digital era is the

highest quality. We have a VSB staff that

is flatly amazing. There is so much to

make us proud that I have to stop

because I’ve been asked to write about

the future as well as the past.

The future? You may not want to

ask. If you think you don’t recognize the

practice of law from what you knew

twenty-five years ago, trust me—you

won’t recognize it twenty-five years

from now. The practice of law has been

altered irrevocably by the most disrup-

tive force we’ve ever experienced—

technology. And there is no end in sight

to the change. As I write this, I have

engaged in a spirited discussion with

attorneys on the VSB staff about the

ethical implication of lawyers using

ghost bloggers to write what appears

to be their own blog posts on their

websites. (VSB Ethics Counsel Jim

McCauley states that it is unethical

for lawyers to use ghost bloggers unless

there is a clear disclaimer that the

lawyer is not the author.)

My point is that this issue didn’t

exist even FIVE years ago. And now

there is a company that allows you to

video conference with potential clients

— imagine the ethical lapses that will be

afforded there—and they are all

recorded. We’ve seen an attorney caught

in an extended and obscene rant, cour-

tesy of YouTube. We have seen that our

Skype conversations may be accessed by

the National Security Agency (to say

nothing of our regular calls and elec-

tronic communications) and is certainly

being accessed by Microsoft. Moving

our data to the cloud provides us with

business continuity—but ethical issues

as well.

The Virginia State Bar is reeling

from the impact of technology—on the

bar itself, which is currently implement-

ing an enterprise content management

system. Its lawyers are struggling to

understand all these new technologies,

their ethical and security implications

and how to future-proof (the latest

trending term) their law practices by

becoming more efficient, more modern

and, at the end of the day, more com-

petitive.

As a technologist/lawyer/futurist, I

worry about the road ahead. I worry

about the speed at which we all move

and our increasing reliance (24/7) on

our devices, often to the detriment of

our families, our health, and our success

(because we cannot seem to focus on

anything without interruptions). Having

worked with the Virginia State Bar for

so many years, I know it will rise to the

challenges of the digital era and help

provide guidance and education to the

lawyers it regulates.

Put very simply, and with great

pride in our history and our accom-

plishments, the best is yet to come.

Happy anniversary to the Virginia State

Bar— I’m delighted to be president

during our 75th anniversary (and hope

to be around to raise a glass to the VSB

at its 100th anniversary celebration).

www.vsb.org

2013–14 VSB President

Sharon D. Nelson

President’s Message continued from page 1

October 2013Volume 62/ Number 3

The Official Publication of the Virginia State Bar

Virginia Lawyer

Features

VSB 75TH ANNIVERSARY1 The 75th Anniversary of the Virginia State Bar: A

Cause for Celebration and Resolve

12 Celebrating Our Diamond Anniversary and BarHighlights

15 The First Year of the Virginia State Bar

18 Camaraderie and Concern Continue to Drive the YLC

20 The SLC – Experienced Leadership and MentoringWill Continue

22 The CLBA – Wearing Hawaiian Shirts to a TechSavvy Future

24 Diversity Conference – Much AccomplishedThough Challenges Remain

NoteworthyVSB NEWS

38 Presidents Dinner

38 VSB Informational VideosDebut

38 Mobile Member App Updated

PEOPLE

39 In Memoriam

40 New CLE Chief Becomes NewVLF Chief

41 James V. Meath Is President ofthe Virginia Law Foundation

42 Local and Specialty Bar Elections

43 The Virginia Bar AssociationRecognizes OutstandingLeadership

44 University of Richmond LawStudent Awarded TillmanMilitary Scholarship

ET AL.

45 Lawyers Helping LawyersConcludes Fall Conference

Departments

48 Forum

54 CLE Calendar

59 Professional Notices

62 Classified Ads

Columns

1 President’s Message

6 Executive Director’s Message

46 Law Libraries

47 Consultus Electronica

36 Virginia Lawyer Joins Team Teaching NegotiationSkills in Tanzania

37 Karl A. Doss Is New Director of Access to Legal Services

Access to Legal Services

SPOTLIGHT ON ADR28 Twenty Years Later, ADR Continues to Flourish in New Ways

28 Alternative Dispute Resolution in the Public, Nonprofit, and Private Sector: Two Decades of Court Connected ADR

32 ADR in Criminal, Civil, and Family Law: Restorative Justice: Providing Accountability for Crimes and Resolution for Victims

VIRGINIA LAWYER | October 2013 | Vol. 624 www.vsb.org

Virginia State Bar Staff DirectoryFrequently requested bar contact

information is available online at

www.vsb.org/site/about/bar-staff.

http://www.vsb.org

Editor:Rodney A.Coggin (coggin@vsb.org)

Assistant Editor:Gordon Hickey (hickey@vsb.org)

Advertising: Linda McElroy

(mcelroy@vsb.org)

Graphic Design and Production:Caryn B.Persinger (persinger@vsb.org)

VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473)

is published ten times a year in alternating

formats by the Virginia State Bar, Eighth & Main

Building, 707 East Main Street, Suite 1500, Richmond,

Virginia 23219-2800; Telephone: (804) 775-0500.

Subscription Rates: $18.00 per year for non-members.

This material is presented with the understanding that

the publisher and the authors do not render any legal,

accounting, or other professional service. It is intended

for use by attorneys licensed to practice law in Virginia.

Because of the rapidly changing nature of the law, infor-

mation contained in this publication may become out-

dated. As a result, an attorney using this material must

always research original sources of authority and update

information to ensure accuracy when dealing with a

specific client’s legal matters. In no event will the

authors, the reviewers, or the publisher be liable for any

direct, indirect, or consequential damages resulting from

the use of this material. The views expressed herein are

not necessarily those of the Virginia State Bar. The inclu-

sion of an advertisement herein does not include an

endorsement by the Virginia State Bar of the goods or

services of the advertiser, unless explicitly stated other-

wise. Periodical postage paid at Richmond, Virginia, and

other offices.

POSTMASTER:

Send address changes to

Virginia State Bar Membership Department

Eighth & Main Building

707 East Main Street, Suite 1500

Richmond, Virginia 23219-2800

Virginia LawyerThe Official Publication of the Virginia State Bar

2013–14 OFFICERSSharon D. Nelson, Fairfax, PresidentKevin E. Martingayle, Virginia Beach, President-electW. David Harless, Richmond, Immediate PastPresidentKaren A. Gould, Executive Director and ChiefOperating Officer

EXECUTIVE COMMITTEESharon D. Nelson, Fairfax, PresidentKevin E. Martingayle, President-electW. David Harless, Richmond, Immediate PastPresidentAlan A. Anderson, AlexandriaDoris H. Causey, RichmondDonna Sue Baker Cox, WiseTracy A. Giles, RoanokeRay W. King, NorfolkWilliam L. Schmidt, FairfaxKenneth L. Alger, II, Luray, YLC PresidentEugene M. Elliott, Jr., Roanoke, CLBA ChairJohn M. Oakey, Richmond, SLC ChairRupen R. Shah, Staunton, DC Chair

COUNCIL

1st CircuitNancy G. Parr, Chesapeake

2nd CircuitWilliam Drinkwater, Virginia BeachJudith L. Rosenblatt, Virginia BeachDaniel M. Schieble, Virginia Beach

3rd CircuitNicholas D. Renninger, Portsmouth

4th CircuitI. Lionel Hancock, III, NorfolkRay W. King, NorfolkDavid W. Lannetti, Norfolk

5th CircuitCarl Phillips “Phil” Ferguson, Suffolk

6th CircuitPeter D. Eliades, Hopewell

7th CircuitLeonard C. Heath, Jr., Newport News

8th CircuitLesa J. Yeatts, Hampton

9th CircuitJohn Tarley, Jr., Williamsburg

10th CircuitRobert E. Hawthorne, Kenbridge

11th CircuitDale W. Pittman, Petersburg

12th CircuitGraham C. Daniels, Chester

13th CircuitPaula S. Beran, RichmondGuy C. Crowgey, RichmondDoris Henderson Causey, RichmondChristy E. Kiely, RichmondGeorge W. Marget, III, RichmondEric M. Page, RichmondO. Randolph Rollins, Richmond

14th CircuitThomas A. Edmonds, RichmondDaniel L. Rosenthal, RichmondWilliam J. Viverette, Richmond

15th CircuitGrayson S. Johnson, Rockville

16th CircuitBruce T. Clark, CulpeperAlex R. Gulotta, Charlottesville

17th CircuitRaymond B. Benzinger, ArlingtonJohn H. Crouch, ArlingtonHarry A. Dennis, III, ArlingtonAdam D. Elfenbein, ArlingtonDavid A. Oblon, Arlington

18th CircuitAlan S. Anderson, AlexandriaFoster S. B. Friedman, AlexandriaCarolyn M. Grimes, Alexandria

19th CircuitSusan M. Butler, FairfaxPeter D. Greenspun, FairfaxPaul W. Hammack, Jr., FairfaxJoyce M. Henry-Schargorodski, FairfaxSean P. Kelly, FairfaxDaniel B. Krisky, FairfaxLuis A. Perez, Falls ChurchWilliam B. Porter, FairfaxDennis J. Quinn, ViennaCatherine M. Reese, FairfaxMichael W. Robinson, Tysons CornerWilliam L. Schmidt, FairfaxMelinda L. VanLowe, FairfaxJames A. Watson, II, Fairfax

20th CircuitChristine H. Mougin-Boal, LeesburgT. Huntley Thorpe, III, Warrenton

21st CircuitJoan Ziglar, Martinsville

22nd CircuitLee H. Turpin, Chatham

23rd CircuitMark K. Cathey, RoanokeTracy A. Giles, Roanoke

24th CircuitDavid B. Neumeyer, Lynchburg

25th CircuitRoscoe B. Stephenson, III, Covington

26th CircuitW. Andrew Harding, Harrisonburg

27th CircuitRichard L. Chidester, Pearisburg

28th CircuitRoy F. Evans, Jr., Marion

29th CircuitJoseph M. Bowen, Tazewell

30th CircuitWilliam E. Bradshaw, Big Stone Gap

31st CircuitGifford R. Hampshire, Manassas

MEMBERS AT LARGED. Sue Baker Cox, WiseMichael HuYoung, RichmondBeverly P. Leatherbury, EastvilleDarrel Tillar Mason, Manakin SabotNancy C. Dickenson, AbingdonTodd A. Pilot, AlexandriaSavalle C. Sims, Silver Spring, MDLorrie A. Sinclair, LeesburgEdna R. Vincent, Fairfax

Senior Lawyers Conference ChairJohn M. Oakey, Richmond

Young Lawyers Conference PresidentKenneth L. Alger, II, Luray

Conference of Local Bar Associations ChairEugene M. Elliott, Jr., Roanoke

Diversity Conference ChairRupen R. Shah, Staunton

Virginia State Bar

suntrust.com/law

Our Legal Specialty Group provides a dedicated team with tailored solutionsto meet the unique financial needs of attorneys and their firms.

Visit suntrust.com/law

Find people worthy of the name on the door. That was my

mentor’s advice. But the landscape has changed over the

last few years. Profits are harder earned and have to be more

wisely spent. So I’m getting help to keep our practice healthy

enough to attract and retain top talent. After all, it might as

well be my name on the door.

WE SHINE WHEN WEHOLD OURSELVES TOA HIGHER STANDARD.

suntrust.com/law

VIRGINIA LAWYER | October 2013 | Vol. 626

WE ARE IN FINAL NEGOTIATIONSon the lease for our new bar offices indowntown Richmond. The bar officeswill be relocating effective April 2014.The decision on our new location,which will be announced soon, comesafter an exhaustive search of downtownoffice space, a competitive processinvolving several owners of downtownspace, and review of the bar’s specifi-cations for space configurations andconference and parking facilities.

Dominion Resource Services Inc.,which owns 707 E. Main St., unexpect-edly informed us on February 13,2013, that the bar’s lease would not berenewed. The bar posted a request forproposals from commercial real estatefirms in April. CBRE (CB RichardEllis), a licensed real estate brokeragefirm with extensive experience incommercial real estate in downtownRichmond, posted an RFP for ournew space on May 15, 2013, withresponses due by May 29. Prospectivelandlords responded to a very detailedquestionnaire.

The search for new office spacewas concentrated in the downtownRichmond central business district tostay as near as possible to our currentlocation and nearby courtrooms.

Clients’ Protection FundRecommendationsOn September 13, the Clients’Protection Fund board voted unani-mously to endorse proposals toincrease the per-attorney and per-claimlimit on payments as follows:1. Per-attorney limit increased from 10percent to 15 percent of the networth of the fund;

2. Per-claim limit increased from$50,000 to $100,000.The proposals to increase the lim-

its were originally recommended by the2012 Payee Notification Task Force.They were, in part, in response to sev-eral large defalcations, including theSteven Conrad matter. Steven Conradtook more than $4 million from morethan 300 clients. As a result of the cur-rent payment limits, reimbursementsto Conrad’s clients from the CPFamounted to only a fraction of theiractual losses.

The board also voted to recom-mend that the Virginia State Bar seeklegislation authorizing the SupremeCourt to continue the $25 CPF assess-ment beyond June 30, 2015. The current authorization is to sunset onthat date.

These recommendations will begoing to the Executive Committee andCouncil on October 4 and 5, 2013,respectively.

The board’s recommendation tocontinue the $25 CPF assessmentbeyond June 30, 2015, was predicatedupon a recent report from actuarialfirm Oliver Wyman.

Update on ALPS, the Bar’s EndorsedLPL CarrierThe Special Committee on LawyersMalpractice Insurance (LMIC) hasissued a request for proposals for aconsultant to assist it review the bar’sendorsement of ALPS Property &Casualty Insurance Company. ALPShas been the VSB’s endorsed lawyers’professional liability carrier sinceOctober 2000.

The mission of the LMIC is tomonitor and evaluate the market for

lawyer malpractice insurance inVirginia and make recommendationsfrom time to time to the ExecutiveCommittee and Council as to whetherthe VSB should endorse a particularunderwriter of such insurance, and ifso, on what terms and conditions. Asestablished by the committee inOctober 2008, one of its five-year goalswas to reevaluate its endorsement ofALPS or whether it should endorse anymalpractice carrier. In June 2013, thecommittee decided to hire a consultantto assist in its evaluation of the ALPSendorsement.

The RFP’s objectives are to reviewthe current market conditions forlawyers’ professional liability insuranceand recommend whether the VSBshould continue to endorse a malprac-tice carrier and address such issues as: • Marketplace changes and improve-ments since the inception of the pro-gram and since the endorsement ofALPS in 2000;• The range and viability of currentalternatives to the endorsement pro-gram;• The impact that discontinuation ofthe endorsement program would haveon the Virginia malpractice insurancemarket and Virginia lawyers.

If the recommendation is that theVSB should endorse a malpracticeinsurance carrier, the contractor shouldrecommend the terms and conditionsfor such endorsement. With regard toALPS, the contractor will evaluate andprovide opinions as to:

Executive Director’s Messageby Karen A. Gould

New Space for the Virginia State Bar

www.vsb.org

VSB Updates continued on page 8

The 5 Criteria for Practice

Excellence.™

uippinqE

g Yuippin

o ou tg Y

W

ealtW

e and businesttavides esoounsel prealthCW

equips younsel hC

s, financial pryornetts planning ae and busines

o:ou t y

As,sionals, CPesofs, financial pr

Wand acprwhile equipping them tbuild a smart

VSmartphone users:

e and businesttavides esoounsel prealthCWools, countants with the tcand ac

esere the inteservect, and protpro build smartwhile equipping them t.eacticer prbuild a smart

isit V omcounsel.ealthcwwealthc.ww.ww or call Smartphone users: Click the QR c

s, financial pryornetts planning ae and busineses, ccesourtion, rontinuing educaools, c

ealth of their clientalues, and wts, vesacticofitable pre prer and moro build smart

or call xt 819, e9.40691.888.65 or mor ftion about our Tesentaw a quick pro vieode t Click the QR c

As,sionals, CPesofs, financial pro plan,ommunity and support tes, cses—es and businesttas es’ealth of their client

oue can help yw wes. See hoactic

tion.ormae infor more Solution.acticotal Prn about our T Total Pr

e Solution.

http://www.wealthcounsel.com/https://www.alpsnet.com

VIRGINIA LAWYER | October 2013 | Vol. 628 www.vsb.org

• The management and fiscal perfor-mance of the company in Virginia andoverall;• The rates charged Virginia lawyers;• The underwriting standards and proce-dures;• The policy form currently used withany recommended changes;• The claims handling process;• The sufficiency and benefit of riskmanagement and prevention counsel-ing services;• The current ALPS policies and howthose policy terms compare to otherpolicies available in this market forprofessional liability insurance.

Wendy Inge has announced herdeparture as the Virginia Risk Manager,effective September 1, 2013. In the shortterm, ALPS has put a plan in motionwhich transfers the risk managementduties back to its in-house risk manage-ment department. ALPS had its FallVSB�ALPS Ethics and Professionalismprogram on September 16, 2013. At itsregularly scheduled meeting onSeptember 26, 2013, ALPS and the LMICdiscussed the risk management strategyfor the program going forward.

VSB Informational Videos DebutThe first five of a planned series of infor-mational videos about the work of the

Virginia State Bar are available onYouTube. The videos discuss the Clients’Protection Fund, Fee DisputeResolution, the Senior CitizensHandbook, the So You’re 18 handbook,and the Virginia Lawyer Referral Service.

The videos were created as part of aproject initiated by VSB PresidentSharon D. Nelson. Nelson noted that,“More people prefer to receive informa-tion via videos today. By making surekey VSB information is available to ourmembers and the public, we help fulfillour regulatory, educational, and accessi-bility missions.” The videos were writtenby the VSB Publications Department,approved by the Special Committee onCommunications, and produced in thestudios of the Virginia InformationTechnologies Agency. They are intendedto provide information about the barand its services to the public and to ourmembers.

The next set of five videos is indevelopment.

Enterprise Content and RecordsManagement (ECRM) ProjectImplementation of the bar’s new ECRMsystem is proceeding on schedule as oldand current disciplinary case files fromthe clerk’s office are being scanned. TheECRM vendor, IQ Group, has had addi-tional design sessions with intake, barcounsel, and the clerk’s office about thelogic on how documents are to be stored

in the new system. Future plans includetraining the professional regulation,membership, and MCLE staff on scan-ning, storing and retrieval ofdocuments. IQ Group also is planningadditional design sessions with barcounsel to deal with evidentiary issues.

The completion date for the ECRMproject is scheduled for July 2015. At thispoint the system will have been imple-mented for the VSB’s regulatory func-tions, professional regulation,membership, MCLE, and the ancillarysupport systems, including administra-tion, human resources, and accounting.

Weiner Is President-elect Designee ofthe Virginia State BarEdward L. Weiner, founder and seniorpartner at Weiner Spivey & Miller PLCin Fairfax, is the new president-electdesignee of the Virginia State Bar.

Weiner will take over as presidentfor the 2015–16 year. He will followKevin D. Martingayle, who will be presi-dent for 2014–15 after the term ofSharon D. Nelson ends.

Weiner is president of the FairfaxBar Association. He also is a past presi-dent of the VSB Conference of Local BarAssociations. In 2012 he was appointedto serve on the Virginia Supreme CourtProfessionalism Faculty. He founded Jazz4 Justice in 2000.

Executive Director’s Message

VSB Updates continued from page 6

Notice to Members:MCLE Compliance Deadline Is October 31

REMINDER—The MCLE requirement is 12.0 CLE hours of which 2.0 must be ethics and 4.0 must be from live interactive programs. See FAQs about the new requirement and other MCLE compliance information at http://www.vsb.org/site/members/mcle-courses/.

Your compliance deadline for mandatory continuing legal education is October 31. Go to https://member.vsb.org/vsbportal/ and log in to review your MCLE record and certify your course attendance.

The MCLE End of Year Report (Form 1) will be mailed in early November. Please review the report and, if incomplete, amend as instructed. Amended reports must be received by the bar no later than 4:45 PM on December 15.

Questions: Please contact the MCLE office at (804) 775-0577 or email MCLE@vsb.org.

https://member.vsb.org/vsbportal/https://member.vsb.org/vsbportal/http://www.vsb.org/site/members/mcle-courses/

You Have Done Everything Your Client Expected.

Why is he suing you?

Protecting Your Practice is Our Policy.800.422.1370 www.mlmins.com

When it comes time to appeal or to resist an appeal, call Steve Emmert at (757) 965-5021.

Appeals

L. STEVEN EMMERTwww.virginia-appeals.com

emmert@virginia-appeals.comSYKES, BOURDON, AHERN& LEVY

VIRGINIA BEACH

Rated AV by Martindale

Hubbell

http://www.virginia-appeals.com/http://www.mlmins.com/

VIRGINIA LAWYER | October 2013 | Vol. 6210 www.vsb.org

C A L L F O R N O M I N AT I O N S

The Harry L. Carrico Professionalism Award was established in1991 by the Section on Criminal Law of the Virginia State Bar torecognize an individual (judge, defense attorney, prosecutor, clerk,or other citizen) who has made a singular and unique contribu-tion to the improvement of the criminal justice system in theCommonwealth of Virginia.

The award is made in honor of the Honorable Harry L.Carrico, a former Chief Justice of the Supreme Court of Virginia,who exemplifies the highest ideals and aspirations of professional-ism in the administration of justice in Virginia. Chief JusticeCarrico was the first recipient of the award, which was institutedat the 22nd Annual Criminal Law Seminar in February 1992.

Although the award will only be made from time to time at thediscretion of the Board of Governors of the Criminal Law Section,the Board will invite nominations annually. Nominations will bereviewed by a selection committee consisting of former chairs of thesection and Chief Justice Carrico.

Prior Recipients

CriteriaThe award will recognize an individual who meets the following

criteria:

◆ Demonstrates a deep commitment and dedication to the highestideals of professionalism in the practice of law and the administra-tion of justice in the Commonwealth of Virginia;

◆ Has made a singular and unique contribution to the improvementof the criminal justice system in Virginia, emphasizing professional-ism as the basic tenet in the administration of justice;

◆ Represents dedication to excellence in the profession and “per-forms with competence and ability and conducts himself/herselfwith unquestionable integrity, with consummate fairness and cour-tesy, and with an abiding sense of responsibility.” (Remarks of ChiefJustice Carrico, December 1990, Course on Professionalism.)

Submission of NominationPlease submit your nomination on the form below, describing specif-

ically the manner in which your nominee meets the criteria establishedfor the award. If you prefer, nominations may be made by letter.

Nominations should be addressed to Francis M. Lawrence,Chair, Criminal Law Section, and mailed to the Virginia State BarOffice: Eighth and Main Building, Suite 1500, 707 East Main Street,Richmond, VA 23219. Nominations must be received no laterthan December 3, 2013. Please be sure to include your name andthe full name, address, and phone number of the nominee.

If you have questions about the nomination process, please callElizabeth L. Keller, Assistant Executive Director for Bar Services,Virginia State Bar, at (804) 775-0516.

HARRY L. CARRICO PROFESSIONALISM AWARDNOMINAT ION FORM

Please complete this form and return it to the Virginia State Bar, Eighth and Main Building, Suite 1500, 707 East Main Street,Richmond, VA 23219. Nominations must be received no later than December 3, 2013.

Name of Nominee: __________________________________________________________________________________

Profession: _________________________________________________________________________________________

Employer/Firm/Affiliation: ____________________________________________________________________________

Address of Nominee: _________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

City _____________________________________ State _____________ Zip ____________________________

Name of person making nomination ______________________________________________ Telephone ____________________(Please print)

E-mail _______________________________________ Signature _____________________________________________________

(Please attach an additional sheet explaining how the nominee meets the criteria for the Harry L. Carrico Professionalism Award.)

HARRY L. CARRICO PROFESSIONALISM AWARDVSB Section on Criminal Law

The Honorable Harry L. Carrico 1992

James C. Roberts, Esquire 1993

Oliver W. Hill, Esquire 1995

The Honorable Robert F. Horan 1996

Reno S. Harp III, Esquire 1997

The Honorable Richard H. Poff 1998

The Honorable Dennis W. Dohnal 1999

The Honorable Paul F. Sheridan 2000

The Honorable Donald H. Kent 2001

Craig S. Cooley, Esquire 2002

Prof. Robert E. Shepherd 2003

Richard Brydges, Esquire 2004

Overton P. Pollard, Esquire 2005

The Honorable Paul B. Ebert 2006

Rodney G. Leffler 2007

Prof. Ronald J. Bacigal 2008

The Honorable Jere M.H.Willis Jr. 2010

Melinda Douglas 2012

Claire G. Cardwell 2013

The new Senior Citizens Handbook is an invaluable resource updated with the latest information on a wide variety of subjects including an overview of just about everything a senior would want to know about the law. It also includes a list of community-service organizations that provide aid to senior services in a large variety of areas.

For more information, or to order copies of the Senior Citizens Handbook, please e-mail Stephanie Blanton at blanton@vsb.org or call (804) 775-0576.

2013 EditionNow Available

http://www.vsb.org/site/publications/senior-citizens-handbookhttp://www.appeals-va.com/

12

This year marks the 75th, or diamond,anniversary of the Virginia State Bar. Weknow, in England the 60th year of themonarch’s reign is the diamond anniversary,but we’re not in England, and we don’t have amonarch.

We do, though, have a president—SharonD. Nelson. And we have four conferences thatrepresent pretty much every one of our 47,000members. So we asked Nelson and representa-tives of the conferences to give us their take onwhere we’ve been, what we do, and perhapsmost importantly, where we’re going.

Our authors all noted the giant steps thebar has taken over the years. They write aboutthe many publications, and seminars, and

events, and just general activities lawyers participate in to help each other and to servethe public.

When they look to the future they writeabout equal protection under the law, thegrowing opportunities for communication,improving and expanding diversity, providingmore pro bono services. And they write aboutthe seemingly unending and challengingexplosion of technology. Their articles follow.

But first, we present a couple of diamondsmined from our past—a timeline of significanthappenings over the years, and the introduc-tion to the 50th anniversary article publishedby Virginia Lawyer 25 years ago.

—Gordon Hickey

www.vsb.orgVIRGINIA LAWYER | October 2013 | Vol. 62 | VSB 75TH ANNIVERSARY

Celebrating Our Diamond Anniversary

1937–38• The Virginia GeneralAssembly in 1938 createdthe integrated Virginia StateBar. The enabling actinvested the Supreme Courtof Appeals with the powerto adopt rules defining thepractice of law, prescribingcodes of ethics for benchand bar, organizing the bar,and prescribing proceduresfor the disciplining and dis-barment of attorneys.• A “Committee of Forty”—thirty-four judges and sixmembers appointed by theCourt, met at Sweet BriarCollege and wrote a defini-tion of the practice of law,codes of ethics for benchand bar, a plan of organiza-tion for the bar, and bylawsfor the Council.

1938–39• Russell Eubank “Tubby”Booker became the bar’sfirst staff member inDecember, 1938, serving assecretary-treasurer until1969.• The first three standingcommittees were LegalEthics, Judicial Ethics, andUnauthorized Practice ofLaw.• Fifty-one complaintsagainst lawyers were consid-ered by the nine districtcommittees; twenty-sevenwere dismissed. One lawyerwas disbarred.

1939–40• The first meeting of the barwas at the John MarshallHotel on August 2, 1939.• Dues were $3.50 a year.

1940–41• The Committee on PublicRelations was formed.• The UPL Committee issueda five-point report onunlawful activities by realestate agents, includingtheir appearance in court tocollect rent for their princi-pals and the preparation ofdeeds, deeds of trust, andmortgages.

1943–44• In its first six years, the bardistrict committees hadconsidered 185 cases ofalleged unprofessional conduct, dismissing 126.Eight lawyers were dis-barred, sixteen suspended,two reprimanded, and threehad their licenses cancelled.

1944–45• The annual meeting wascancelled because the Officeof Defense Transportationprohibited meetings involv-ing more than fifty peoplefrom out of town.• More than 700 board mem-bers served in World War IIand eighteen died while inthe service.

1947–48• The bar borrowed $1,000from the state to help paydebts.

1950–51• A bar committee recom-mended that state law,which required two years ofcollege work and two yearsof studying law for admit-tance to the bar, be changed

Bar Highlights

VSB 75TH ANNIVERSARY | Vol. 62 | October 2013 | VIRGINIA LAWYER 13

to require three years of lawschool after at least twoyears of academic work.

1962–63• The 25th anniversary of

the bar.

• Membership was about

6,000 and the budget was

$76,000.

1964–65• President Fred W. Bateman

warned that the legal pro-

fession was under threat.

“There is an insidious

philosophy being pro-

moted by our lay friends

and, indeed, a segment of

our bar, to the effect that

the unauthorized practice

of law is both necessary and

justified, when used to pro-

mote social welfare.”

1960–70• “Tubby” Booker retired as

the first and only secretary-

treasurer of the bar. He was

replaced by N. Samuel

Clifton, who became the

first executive director. He

also became editor of the

Virginia Bar News.

1970–71• The VSB moved to the ren-

ovated Imperial Building at

Fifth and Franklin streets.

• Annual dues were raised

from $15 to $25.

1972–73• James R. Wrenn Jr. became

the first bar counsel, and

James N. Woodson first

director of communica-

tions.

• The Young Lawyers

Conference was organized.

1973–74• Rampant inflation pushed

the dues from a $45 ceiling

to a $75 ceiling.

• The first midyear seminar

was held in Bermuda.

1974–75• The VSB office was relocated

to the second floor of the

700 building and remained

there until 1986.

1976–77• The U.S. Bicentennial.

• The VSB disciplinary system

was changed, establishing

new rules and procedures.

• A new twelve-member dis-

ciplinary board was set up.

1977–78• Almost 16,000 inquiries

were received during the

first year of the Virginia

Lawyer Referral Service.

• The Clients’ Security Fund

reached $80,000.

• The VSB relocated to the

16th floor of the 700

Building.

1979–80• Russell Eubank Booker

died.

• The VSB had sixteen full-

time and three part-time

employees, 15,000 members

and an operating budget of

$900,000.

1981–82• The Rules of Professional

Conduct were modified to

reflect relaxed restriction on

solicitation efforts by

lawyers.

1985–86• The bar office moved to

larger quarters in the Ross

Building

• Council approved a revised

system of discipline whereby

bar staff have primary

responsibility for investigat-

ing and prosecuting allega-

tions of misconduct. (The

original disciplinary process

looked to district commit-

tees to investigate allegations

of misconduct and file

complaints in circuit court

for prosecution. In

September 1976, the

Supreme Court of Virginia

gave the district committees

the authority to conduct

hearings, impose private

reprimands, and certify

complaints to a newly

formed Disciplinary

Board.)

1986–87• Council voted to seek a

Supreme Court rule that

would require attendance at

a two-day seminar on pro-

fessionalism, the first of its

kind in the country.

• On July 1, 1986, the bar’s

new disciplinary system

came into effect with bar

staff given total responsibil-

ity for prosecuting miscon-

duct matters before ten

district committees.

1987–88• Council decided that bar

members will be required

annually to report whether

or not they carry malprac-

tice insurance and whether

or not they have outstand-

ing judgments against

them.

1988–89• The MCLE Board was

established by rule of the

Supreme Court of Virginia.

1989–90• The disciplinary system was

revised: District

Committees are able to

enter into plea bargain

agreements; Screening sub-

committees have power to

dismiss cases, impose public

or private reprimands

through plea agreements

and refer serious cases to

the State Disciplinary

Board.

1990–91• First pro bono award was

given to retired Justice

Lewis F. Powell Jr.

• VSB became first state bar

to provide a fidelity bond

for every member.

• First year to have a Clerk of

the Disciplinary System on

staff

1991–92• Bar headquarters moved

from the Ross Building to

Eighth & Main

BAR HIGHLIGHTS

www.vsb.org

14

1993–94 • The bar conducted the first

comprehensive review and

revision of the Virginia

Code of Professional

Responsibility in ten years.

1995–96• Bar implemented recom-

mendations of audit by the

Joint Legislative Audit and

Review Commission

1996–97• The General Assembly

enacted the Consumer Real

Estate Settlement Protection

Act, with the bar developing

guidelines to assist non-

lawyer settlement agents in

avoiding unauthorized

practice of law.

• The bar posted its first Web

pages at www.vsb.org in

December 1996.

1997–98• Council approved Virginia

Model Rules of Professional

Conduct

1999–2000• After VSB nominations,

Oliver Hill Sr. was awarded

the ABA Medal and the

Presidential Medal of

Freedom.

2001–02• The bar’s petition for

approval of the revised and

consolidated rules was

approved at the Supreme

Court of Virginia. The rule

change adopted by the

Council in June 2001 to

open district disciplinary

committee hearings to the

public was approved by the

Court in September 2001

and implemented in

January 2002.

2004–05• Bar members served on a

General Assembly-created

indigent defense commis-

sion.

2005–06• Fastcase became a VSB

member benefit.

2006–07• A task force voted to rec-

ommend that the employee

dishonesty bond and surety

bond required under

CRESPA be increased from

$100,000 to $200,000.

2007–08• The bar’s task force on pub-

lic protection was asked to

revisit the issue of payee

notification after reports of

defalcations totaling more

than $4 million from more

than 300 clients by former

attorney Steven Thomas

Conrad.

• Thomas A. Edmonds

retired on December 31,

2007, after more than eigh-

teen years as executive

director.

2008–09• Council approved creation

of a Diversity Conference.

2010–11• The governor proposed

transferring $5 million of

the VSB’s dedicated special

revenue to the common-

wealth’s general fund.

• State Bar members received

permanent bar cards.

• Executive committee

approved $25 dues

decrease.

2011–12• The 20th anniversary

Conclave on the Education

of Lawyers was held.

• VSB offered online mem-

bership renewal process that

included online payment by

credit card.

2012–13• Council approved payee

notification legislation.

• Mobile app allowed mem-

ber access to records.

2013–14• The bar office will move in

April 2014.

• The bar is implementing an

Enterprise Content and

Records Management

(ECRM) Project. The com-

pletion date is scheduled for

July 2015.

BAR HIGHLIGHTS

www.vsb.orgVIRGINIA LAWYER | October 2013 | Vol. 62 | VSB 75TH ANNIVERSARY

VSB 75TH ANNIVERSARY | Vol. 62 | October 2013 | VIRGINIA LAWYER 15

Tunstall, president of The Virginia Bar

Association, demanded rhetorically of the

group’s annual gathering in Hot Springs: “Have

we, in a proper sense, a Virginia bar at all? Or is

‘the bar’ merely a convenience, or perhaps a term

of convenience, or perhaps an inheritance whose

traditional connotations we have dissipated,

retaining merely the name?” It was imperative,

he said, that we have a bar organization “more

inclusive, more cohesive, and therefore more

effective, than we have today.”

Several remedies were available, but

Tunstall seemed to tilt toward a movement—

just gaining strength—called “ ‘integration of

the bar,’ by which is meant the welding of the

entire bar of a given state into an organized and

self-governing body, which is at the same time

an agency of the state.”

Thirteen years went by, spawning studies,

proposals, and unsuccessful bids for legislation.

Finally, in 1938, the Virginia General Assembly

passed an act providing for the creation, govern-

ment, and conduct of the integrated Virginia

State Bar.

It was 2 p.m., Tuesday, August 2, 1939, when

President Samuel H. Williams of Lynchburg

called to order the first meeting of the Virginia

State Bar. Gathered in the Roof Garden of

Richmond’s ten-year-old John Marshall Hotel

were 225 lawyers, plus Dr. Solon B. Cousins, a

University of Richmond Bible professor who

intoned the invocation. Williams credited the

new organization’s birth to the “many years of

persistent efforts” by certain public-spirited

members of the profession. It was they—but-

tressed by the General Assembly’s Enabling Act

of 1938—who put the Virginia State Bar

together. Many lawyers, he conceded, believed

the same result could have been accomplished

under the inherent power of the judiciary to

regulate its practitioners, but that argument

had been bypassed and rendered academic by

the legislators.

The act—as the pioneering bar president

summed it up— invested the Supreme Court of

Appeals with the power to adopt the rules

defining the practice of law, prescribing codes

of ethics for bench and bar, organizing the bar,

and prescribing procedures for the disciplining

and disbarment of attorneys.

It was notable, Williams continued, “that the

association thus authorized has for its purpose

‘to act as an administrative agency of the

www.vsb.org

The First Year of the Virginia State Barby James S. Wamsley

Reprinted from the October 1988 issue of Virginia Lawyer

“There are more good lawyers today than ever before,” said Robert B.Tunstall in 1925, “and there is a grievous swarm of poor ones.”

”The bylaws’ major provision was the

creation of three standing committees

on legal ethics, judicial ethics, and

unauthorized practice of law. “To

these committees of five members

each,” Williams reported to the

membership, “were delegated all

powers and duties concerning these

respective subjects not otherwise

delegated or reserved to the Council.”

16

Supreme Court of Appeals of Virginia for the

purpose of investigating and reporting the

violation of such rules and regulations as are

adopted by the Supreme Court of Appeals

under this act.’ ”

The court had sought the active assistance

of lawyers from across Virginia. Each of the

thirty-four circuit judges called on the attor-

neys in his district to elect a representative to

serve on an organizational committee. The

local members were augmented by six mem-

bers at large appointed by the court, and the

resulting “Committee of Forty” was born.

In 1938, at a marathon session at Sweet

Briar College, the committee hammered out a

suggested definition of the practice of law,

codes of ethics for the bench and bar, a plan of

organization for the Virginia State Bar, and

bylaws for its governing body, or Council. The

Supreme Court looked at the plan, but “did

not disturb the general scheme.”

The Committee of Forty did not fade

away: indeed, it carefully provided for its own

continuance as the organization’s Council, and

proceeded in December 1939 to elect the bar’s

first slate of officers. In addition to Williams,

they included John S. Battle of Charlottesville

(a future governor), vice president; Russell E.

Booker of Richmond, secretary-treasurer (the

first staff person); an Executive Committee of

the Council; and nine district committees

from the bar at large. The choice of Booker,

Williams said with a certain unintentional

irony, was one “whose wisdom has been vindi-

cated by subsequent history.”

The bylaws’ major provision was the

creation of three standing committees on

legal ethics, judicial ethics, and unauthorized

practice of law. “To these committees of five

members each,” Williams reported to the

membership, “were delegated all powers and

duties concerning these respective subjects

not otherwise delegated or reserved to the

Council.”

As of the end of 1938, Russell Booker had

set up an office in the Law Building at Eighth

and Main Streets, assisted by Anna McFarland,

stenographer. Booker’s most pressing assign-

ment was tracking down all eligible members,

willing or un-. He was clearly indefatigable,

and Williams admiringly described him as

consulting “every available source for the

names of all lawyers practicing in Virginia

whose membership in the bar was made com-

pulsory by the rules.” Once identified and

pinioned, each lawyer was instantly solicited

for “immediate registration and payment of

dues.”

The energetic Booker worked so fast and

successfully that all office start-up expenses

THE FIRST YEAR OF THE VIRGINIA STATE BAR

www.vsb.orgVIRGINIA LAWYER | October 2013 | Vol. 62 | VSB 75TH ANNIVERSARY

Samuel H. Williams Russell E. Booker

VSB 75TH ANNIVERSARY | Vol. 62 | October 2013 | VIRGINIA LAWYER 17

were quickly paid, with enough left over to

cover the meeting expenses of out-of-town

councilors although, in a burst of generosity,

most of them “forebore to file their expense

accounts.” In any case, Williams reported to

the John Marshall gathering that where

solvency was concerned, “we feel no appre-

hension.”

Williams underscored the importance of

the Council’s three standing committees.

Among their functions was the right and abil-

ity to pass upon “and questions of professional

conduct that may confront an attorney and

his relations to the court, to his fellow practi-

tioners, and to his clients, and include as well

the right and duty to inquire into any phase of

judicial conduct that to it may seem to exceed

the bounds of propriety.”

Procedure called for initial investigations

to be made by the nine district committees,

and then submitted to the appropriate bar

committee. Already, the Committee on Legal

Ethics had been called upon to consider seri-

ous matters of unprofessional conduct. But

the really hot work—handling onerous cases

of serious gravity—has fallen to the

Committee on Unauthorized Practice of Law.

Both committees had met monthly, and some-

times weekly, to investigate officially filed

complaints. Some cases were found to be

without merit, but in others the committees

had filed complaints for disbarment proceed-

ings, two of which had led to expulsion, and

one to reprimand. Some twenty complaints

were pending. By contrast, the Committee on

Judicial Ethics had not been faced with any

serious matters.

Williams liked his fundamentals clearly

etched. “The basic purpose of this organiza-

tion,” he mused, “is to act as an administrative

agency of the court in the investigation of any

violation of the court’s rules. Without this

necessary activity successfully accomplished,

the organization could hardly justify its exis-

tence.” A fearless exposure of questionable

professional conduct is good for the bar, he

said, “and weaker members are brought to a

realization that under this regime, for the first

time, the bar is the official censor of the pro-

fessional conduct of its members, unwilling to

tolerate shady practice, with representatives

ready at all times to make searching investiga-

tion into questionable transactions, without

malice or ill will, without fear or favor.”

One surprise that first year was the num-

ber of members. It had been thought that

around 2,000 Virginia lawyers might be eligi-

ble, but as of July 1, 1939, Booker had tallied

exactly 2,664 (2,354 active and 288 associate)

registered members. Dues were $3.50 annu-

ally, for a first-year income of $9,275, with dis-

bursements only half that. The

secretary-treasurer, a lawyer himself, drew a

salary of $259 per month, and McFarlane

received $80. Rent was $25. The frugal admin-

istration did manage to squander $3.50 for

sign painting.

THE FIRST YEAR OF THE VIRGINIA STATE BAR

www.vsb.org

Richmond writer James S. Wamsley chronicled theVirginia State Bar’s first five decades in “The First FiftyYears: A History of the Virginia State Bar,” which waspublished in the October, 1988, issue of VirginiaLawyer. Wamsley was a prolific writer whose own fifty-year career as a journalist and editor ended in April2012 when he died at the age of 81. Early in his career,he worked for the Associated Press in Richmond andthen as editor of The Commonwealth, The Magazine ofVirginia. His feature articles appeared in NationalGeographic Traveler, Architectural Digest, GEO, andTravel & Leisure.

”… weaker members are brought to a realization that under this regime, forthe first time, the bar is the official censor of the professional conduct of itsmembers, unwilling to tolerate shady practice, with representatives ready atall times to make searching investigation into questionable transactions,without malice or ill will, without fear or favor.”

18

Professional friendships that last acareer. Networking that leads to job opportu-nities. Connections with lawyers in all cornersof the commonwealth. More fun than youever expected to have with a bunch of lawyers.These are many of the most common reactionsthat I hear when I ask current and formeryoung lawyers why they are or were involvedin the Young Lawyers Conference (YLC) ofthe Virginia State Bar. And the camaraderiethat comes with YLC involvement isn’t evenone of the conference’s stated purposes. It is,though, what often keeps our volunteersengaged and enthused.

In fact, conviviality might be one of thelast things that comes to mind when you readthe conference’s mission statement. The con-ference was established by Bar Council in 1971and had its first board of governors in the1973–1974 bar year. The conference’s bylawsstate the YLC’s goals: (1) to serve as a vehiclethrough which younger members of the Barcan exert a more direct influence on the Bar’sactivities so as to engage in activities torespond to needs among young and newlawyers in particular, and to the members ofthe profession in general; (2) to promote,uphold, and elevate the standards of honor,integrity, and competence in the profession;and (3) to assist Bar Council in discharging itsduty to improve the legal system and theresponsiveness of the profession to the public.Again, from these staid purposes you wouldnot likely guess that the friendships that resultfrom YLC involvement are the things thatoften compel young lawyers to remaininvolved in the YLC, to expand into other YLCactivities, and to become involved in the “bigbar” later in their careers.

Of course, the YLC’s programs have been,are, and will remain our bread and butter andthe things that continue to give us an impor-tant niche in the bar’s pro bono public service.While I do not have personal knowledge of

the YLC’s earliest programs, I am familiarwith many of those that originated and grewin the last decade or two, and I can attest tothe effects that they have had on the folks towhom they have been directed and the attor-neys who have volunteered with them. Thefirst programs with which I was involved were2006 sessions of Wills For Heroes and No BillsNight, both in Danville and coincident withLaw Day.

In a sense those two programs are theperfect epitomes of 21st century pro bono service because they both use technology tohelp maximize the provision of free legal services to the public. Wills For Heroes is ofcourse the highly acclaimed program thatbegan in South Carolina just after September11, 2001, and enables attorneys to prepareestate-planning documents for first respon-ders (police officers, sheriffs and deputies, firefighters, and EMTs) and their spouses. Theprogram is an easy-to-use, self-containedpackage for local attorneys, provides immensebenefit to the clients, and gives us an oppor-tunity to familiarize ourselves with wills andtrusts practice if we haven’t had occasion tothink about the descent and distributionstatutes recently.

No Bills Nights, our program that pro-vides free initial legal advice to persons whocall, similarly can benefit large numbers ofclients if the program is well advertised andwell-staffed with attorneys. The program’splanners in Danville had successful programsbecause they enthusiastically recruited attor-neys to participate and connected with localmedia to ensure that the public knew aboutthe program and what number to call thatevening. The callers’ questions typically wereof the domestic-relations and landlord/tenantvariety, which made the Night’s doings all themore important to the callers and interestingto the attorney volunteers.

But what I remember more clearly thanthe first-responder clients or the People’s

www.vsb.orgVIRGINIA LAWYER | October 2013 | Vol. 62 | VSB 75TH ANNIVERSARY

Camaraderie and ConcernContinue to Drive the YLCby Brian R. Charville

VSB 75TH ANNIVERSARY | Vol. 62 | October 2013 | VIRGINIA LAWYER 19

Court-like vignettes from the folks who calledNo Bills Night are the interactions I had with fel-low attorneys those evenings and the profes-sional relationships that deepened as aresult of spending quality time together. Theprograms were my first taste of volunteering asan attorney and I knew that bar involvement wasfor me when I saw how much our efforts helpedthe folks served by the programs and I struckprofessional friendships with colleagues thatgrew over the years. It was that initial volunteer-ing in the conference’s programs that led me toparticipate more actively in young-lawyer activities at the local level and to pursue leader-ship positions in the YLC. I was lucky to workfor a law firm—Daniel, Medley & Kirby PC—that supports its attorneys’ involvement in thebar, and one of my colleagues at the firm, BrentSaunders, encouraged me to become the 9thDistrict Representative on the YLC’s board ofgovernors.

My first real statewide YLC involvementcame when I attended the YLC’s ProfessionalDevelopment Conference and met folks like DanGray, Jennifer McClellan, Bill Porter, MayaEckstein, and Jimmy Robinson Jr. Seeing howthese stellar attorneys (who aren’t much olderthan me) contribute to the profession and thepublic through their bar service really impressedupon me the rewards that come from volunteer-ing as an attorney. They were not volunteering inorder to help themselves, but there was no doubtthat the friendships and professional networksthat came from their volunteerism were wonder-ful secondary benefits. It was a desire to helppreserve and maintain these friendships and net-works that led the conference’s board to proposethe YLC’s Fellows program, which was created byBar Council in June 2012. Already the YLC haselected the first slate of fellows and they havedeveloped a directory and began planning howto help the YLC and the bar through their con-tinuing involvement. The excitement that theprogram has tapped among the fellows is thelatest and example of the amity that persistsamong young lawyer volunteers regardless ofwhen they were involved or how they wereinvolved.

As the Virginia State Bar celebrates its 75thanniversary, I think that it is important to recog-nize what a touchstone the YLC, and young-lawyer involvement in general, has been for VSB

members. Young lawyers have been finding aprofessional home, excellent community serviceopportunities, and vibrant camaraderie in theYLC and its predecessor organizations fordecades, and that is not going to change infuture years. There will always be enthusiasticnew lawyers who are looking for ways to puttheir skills to use helping others and who enjoythe friendships and statewide, even nationwide,networks that result.

There also will continue to be an evolutionamong pro bono programs as they better har-ness technology to deliver pro bono servicesfaster and easier. The YLC has become a bettermember-service organization in just the last twoyears by creating the Professional DevelopmentSeries that makes videos and podcasts availableonline, by sending e-blasts to members betweenissues of our award-winning quarterly newslet-ter, Docket Call (which is distributed digitally),and by conducting our annual ProfessionalDevelopment Conference CLE program viavideoconferencing between Richmond andWashington, D.C. This fall the PDC will includea Virginia Beach site as well.

The needs of the public, for which our pro-fession exists, and those of our profession itselfare significant and not abating, and the opportu-nities for young lawyers to address those needsand gain lifelong, fulfilling friendships in theprocess are vibrant and growing.

CAMARADERIE AND CONCERN CONTINUE TO DRIVE THE YLC

www.vsb.org

Brian R. Charville is an associate with Murphy &Riley PC in Boston, Mass., where his practice con-sists primarily of insurance defense and other civillitigation. He was the 2012–13 president of theYoung Lawyers Conference of the Virginia State Bar.He began practicing law in 2005 with Daniel,Vaughan, Medley & Smitherman PC (now Daniel,Medley & Kirby PC) in Danville, and from early2009 through August 2013 he was an assistantcounty attorney for Arlington County.

20

The Senior Lawyers Conference(SLC) was organized in 2001. It is the largestconference in the Virginia State Bar with amembership of 17,064 as of July 1, 2013. Allmembers of the VSB in good standing who are55 years and older are automatically membersof the SLC. No dues are required. Two events,neither pleasant, result in losing membership:failing to stay in good standing with the VSBand the end of your earthly existence.

The mission of the SLC as stated in § 1.2of its bylaws is as follows:

The purpose of the SLC shall be touphold the honor of the profession oflaw, to apply the knowledge and experi-ence of the profession to the promotionof the public good, to encourage cordialdiscourse and interaction among themembers of the Virginia State Bar, and topursue its Mission and Goals as follows:

The SLC shall serve the particular inter-ests of senior lawyers and promote thewelfare of seniors generally. In serving theinterests of senior lawyers the SLC willplan and present programs and activitiesand produce publications of interest tosenior lawyers, and coordinate activitiesfor senior lawyers by, for, and with stateand local bar associations. To promote thewelfare of seniors generally, the SLC willstudy issues of concern to seniors, prepareand present programs and publicationsdesigned to explore and develop suchissues, advocate appropriately on behalfof such issues and cooperate with otherentities interested in such matters.

An annual meeting is required and thereare meetings of the board of governors andofficers held in September, December,February, and April. The board of governorsconsists of twenty-four members at large,elected by the SLC members, three non-votinghonorary members, (usually active or retired

members of the judiciary), and the immediatepast chair of the board (to serve as an ex-offi-cio member without a vote). The officers ofthe conference consist of the chair, chair-elect,first and second vice chairs, secretary, trea-surer, and immediate past chair. The chair ofthe SLC has a seat on Bar Council as well ason the Executive Committee.

Because no affirmative action at all isrequired to be a member of the conference,quite a few if not most VSB members did notrealize that they had become members of theSLC—sort of like qualifying for reduced cof-fee at McDonalds when you turn 50. Chancesare you won’t know it unless you are told.

To rectify this situation, members of theVSB upon the month of their 55th birthdayreceive a letter from the conference chairextending birthday greetings and introducingthem to the SLC. The letter outlines theconference’s activities and provides relevantcontact information. Accompanying the letteris a copy of the latest edition of the SeniorCitizens Handbook, a valuable resource toolfor senior citizens and their caregivers.Seventy to eighty of these letters are mailedmonthly to new members.

What We DoSo what does the SLC actually do to implementthe rather lofty goals of its mission statement?What are the programs that actually makethings work?

Senior Citizens HandbookProbably the most visible project is the publi-cation of the Senior Citizens Handbook, whichaddresses the laws and programs affectingsenior citizens in Virginia. The 2013 editioncontains 114 pages of information andresources. The initial printing of 12,000 copiesis flying off the shelves and will certainlyrequire a second printing in the near future.While the handbook can be considered the“crown jewel,” its publication does not requirewide-spread participation from the SLC mem-bers because a few dedicated and hardworking

www.vsb.orgVIRGINIA LAWYER | October 2013 | Vol. 62 | VSB 75TH ANNIVERSARY

The SLC –Experienced Leadership and Mentoring Will Continueby F. Warren Haynie Jr.

VSB 75TH ANNIVERSARY | Vol. 62 | October 2013 | VIRGINIA LAWYER 21

individuals have taken on responsibility forthe product. Handbooks are provided onlineas a free PDF file download or at a modestcost in print.

Senior Law DaysSenior Law Days are programs that are usu-ally sponsored by local bar associations in cooperation with the SLC. The conferenceprovides the local associations with details on how to conduct a program. The instruc-tions, while extensive, are meant to be aguide only in organizing a Senior Law Day.Each program can be tailored to meet localsituations.

Most programs are about a half day inlength and are held in courthouses, schools,churches, or other easily accessible facilities.Generally, lunch is served and ample time isprovided for questions and answers. Usually,a panel of experts speaks on topics of interestto seniors as well as their caregivers. Pastprograms have focused on Medicaid, estatedocuments, geriatric care management, elderabuse, fraud, hospice, and funeral planning.Funding generally comes from local businesses,and the local bar associations usually providesome financial assistance. Newspapers, radio,and flyers are utilized to promote the events.

Audience participation is from the publicat large. However, many attendees come fromlocal churches. Caregivers are well repre-sented, most of whom are family members. In the past, Medicaid and funeral planninghave been topics. We have often used a localfuneral director as a speaker who insists onbeing the final speaker on the program, whichseems appropriate. He always concludes hispresentation by saying “You can always trustme; I’ll be the last one to let you down.”

The response from the audience hasbeen overwhelmingly positive. I have heardonly two complaints about local Senior LawDays: the program was too short and we ranout of homemade brownies at the ColonialBeach event.

Senior Law Days have been held inRichmond, Harrisonburg, Covington,Charlottesville, Smyth County, WestmorelandCounty, Northumberland County, RichmondCounty, Lancaster County, Farmville, SouthBoston, and South Hill. Each attendee wasgiven a copy of the Senior Citizens Handbook.

Bill Wilson from Covington has chairedthis program since its inception in 2005. Infact, Bill can be said to have birthed and nur-tured the program. In his otherwise excellentarticle on Senior Law Days published in theJune/July 2013 issue of Virginia Lawyer, heerroneously gave me too much credit for help-ing with the program. In reality I was just amember of a hard working committee fromthe Northern Neck Bar Association. Make nomistake about it, Bill Wilson—until his recentretirement as chair— was the driving forcebehind Senior Law Days.

CLE programsAt the VSB’s annual meeting, the conferenceoffers a CLE program that addresses pertinentlegal issues for the bar in general and not lim-ited to senior lawyers. Past programs haveaddressed estate administration issues, the val-uation of financial assets, and cocktail partylaw (how to respond to off the cuff questionsfrom casual acquaintances, friends, etc.)

The programs, which earn CLE credits,often include a panel discussion with enoughtime for questions and answers. The programin 2013 was featured as the Showcase CLESeminar. Panelists from the SLC are featuredalong with experts from the particular fieldbeing discussed.

The SLC’s first chair, Frank O. Brown Jr.,regularly presents a CLE approved programtitled “Protecting Lawyers’ and Clients’Interests in the Event of the Lawyers’Disability, Death or Other Disaster.” The pro-gram is free and is approved for ethics credits.These Programs are often held at bar associa-tions, and all that Frank expects in return is achicken lunch. He has presented this programin many areas of Virginia, includingAbingdon, Alexandria, Arlington, Big StoneGap, Boyton, Charlottesville, Covington,Danville, Fairfax, Farmville, Fredericksburg,Gloucester, Harrisonburg, Henrico, Irvington,Keysville, Leesburg, Lynchburg, Luray,McLean, Melfa, Norfolk, Richmond, Roanoke,Salem, Smyth County, Stratford Hall,University of Richmond, Virginia Beach,Warsaw, Williamsburg, and Winchester. Frankis inexhaustible and I believe has no expira-tion date. A regular human GPS.

THE SLC – EXPERIENCED LEADERSHIP AND MENTORING WILL CONTINUE

www.vsb.org

SLC continued on page 26

22

The Conference of Local BarAssociations has existed for twenty-twoof the last seventy-five years of rich history of

the Virginia State Bar. In 1987, the VSB

Council appointed a Special Committee on

Local Bar Associations to investigate how the

relationship between the VSB and the local

bar associations could be enhanced and com-

munications improved.

A VSB staff member facilitates these

improvements.

In 1991, the VSB Council approved fund-

ing for a local and specialty bar association

program, and the constitution and bylaws of

the CLBA were unanimously approved. Local

and specialty bars were surveyed to identify

areas of interest including mentoring pro-

grams, continuing legal education, bench-bar

relations, creating a resource library, and pro

bono work. The CLBA worked to create and

deliver programing to the local bars. In 1992,

the CLBA created the Bar Leadership Institute

(BLI) to serve local and specialty bar leaders

with leadership training, organization man-

agement skills, and programing. BLIs have

been held from Williamsburg to Abingdon.

In 1993, the CLBA distributed informa-

tion about the new mandatory IOLTA require-

ments through local bar associations. In 1997

the CLBA published the first So You’re 18

handbook, which was and still is distributed to

schools, bar associations, and courts. It is a

broad brush explanation of the rights, obliga-

tions, and responsibilities of adults with

respect to criminal and civil laws in Virginia.

In 2000, the BLI was held in conjunction

with a regional State Bar meeting featuring a

no-cost CLE. A couple of years later, So You’re

18 was translated into Spanish. In 2004, Chief

Justice Leroy R. Hassell Sr. charged the VSB to

offer free CLEs for solos and small firms. The

first seminar was in Abingdon in conjunction

with a town hall meeting attended by the chief

justice and Justice Cynthia D. Kinser. Since the

inception of the solo and small firm seminars,

the meetings have been held from the Eastern

Shore to Big Stone Gap.

It was in 2007 that George Warren Shanks,

as chair of the CLBA, introduced Hawaiian

shirts as the standard dress for the annual

breakfast meeting of the CLBA. Efforts to

return to normal attire at the annual meeting

have been met with strong opposition.

The CLBA will continue to provide lead-

ership training to local and specialty bar lead-

ers. The CLBA will no doubt continue to

spawn VSB presidents, as several past chairs of

the CLBA have matriculated to that position.

Legal technology information will be an

important part of the services that the CLBA

delivers to bar leaders and solo and small firm

attorneys. This technology will be at the center

of our instructional programing. Whether it’s

informing a small bar association on how it

can distribute information about changes in

local rules of court or informing an attorney

concerning due diligence research on

Facebook about an opposing party, technol-

ogy will be at the forefront. Given the speed at

which technology changes, the CLBA, as well

as attorneys, will be challenged to keep up. It

must be said that our president, Sharon D.

Nelson, over the last several years has donated

huge amounts of time and energy to CLBA

programing in order to help keep us current.

The courts have come to many bar associ-

ations with concerns about new solo lawyers

appearing before them without knowledge of

the common practices in handling routine

matters. While law firms provide such infor-

mation to their new associates, it is clear that

new solos need mentoring. The CLBA, as a

www.vsb.orgVIRGINIA LAWYER | October 2013 | Vol. 62 | VSB 75TH ANNIVERSARY

The CLBA –Wearing Hawaiian Shirts to a Tech Savvy Futureby Eugene M. Elliott Jr.

VSB 75TH ANNIVERSARY | Vol. 62 | October 2013 | VIRGINIA LAWYER 23

repository of programs to address these issues,

will continue to assist with mentoring pro-

grams designed to assist large, medium, and

small localities through BLIs. The CLBA dis-

seminates information locally about what may

work or what is less successful for mentoring.

The Bar Leaders Institute will be held this year

on Friday, November 15, at the Lewis Ginter

Botanical Garden in Richmond. Consult the

VSB website for details.

In addition, many courts are concerned

over a perceived increase in the lack of profes-

sionalism among attorneys. While the lack of

professionalism is not reserved to new attor-

neys or seasoned members of the bar, the

CLBA is well positioned to address the issues

in their Solo and Small-Firm Practitioner

Forums and programs delivered to local bar

associations.

Similarly, the lack of communication

between the bench and the bar has been a

concern. The CLBA is assisting the VSB to

address bench-bar relations. Chief Justice

Kinser and immediate past president of the

VSB, W. David Harless, formulated and

implemented a very successful program in

Abingdon in 2013 to serve three judicial dis-

tricts. This was combined with a town hall

meeting between the local judges and the

bar. The CLBA will continue this format in

March 2014 in Danville and annually in

selected venues.

In the past, local and specialty bar associ-

ations programing only assisted the lawyer

members. Unquestionably, collegiality and

legal education are critical roles for local and

specialty bars. Collegiality was promoted by

monthly meetings, golf tournaments, annual

picnics, and the like. Legal education was pro-

moted by local bar association programs. For

various reasons, many bar associations are

now involved in community service projects.

Whether satisfying the needs of underprivi-

leged children during the holiday season, feed-

ing the hungry, providing educational

scholarships, summer camps, blood drives,

and disaster relief, local and specialty bar asso-

ciations are meeting the desires of their mem-

bers to address these needs.

It is important that the local communi-

ties are aware of the time, effort, and funds

that attorneys donate. The CLBA will con-

tinue to be a clearinghouse to share program-

ing which meets these needs and to provide

fundraising techniques, as well as legal tech-

nology assistance, to our bar associations.

The CLBA has been blessed in the past

with members who have given richly of their

time and talents. This tradition will stimulate

future members to meet challenges with con-

tinued dedication and success.

THE CLBA – WEARING HAWAIIAN SHIRTS TO A TECH SAVVY FUTURE

www.vsb.org

Eugene M. Elliott Jr. was named Local Bar Leader ofthe Year by the Virginia State Bar in June of 2005. Heis a fellow of the Virginia Law Foundation, past pres-ident of the Roanoke Bar Association, and past chairof the Roanoke Bar Association Foundation. He is aformer president of the Virginia Museum ofTransportation Inc. and has been a member of itsexecutive board for 25 years.

24

The seventy-fifth annual meetingof the Virginia State Bar held this past Junewas an enormous success by any standard. Itwas attended by nearly a record number ofVirginia lawyers: women and men—blackand white—Asian, Hispanic, and Muslim—straight and gay. The program covered avariety of subjects, and it featured a panel discussion on diversity attended by a stand-ing-room-only audience.

The success of the annual meeting was atestament to the good work of the dedicated,hardworking State Bar staff and the many vol-unteer lawyers who make the Virginia StateBar a model for the nation.

Any tribute to the VSB should commendit for the diverse composition of the member-ship and its leaders. The immediate past presi-dent is a member of a prestigious Richmondfirm, and a native of far southwestern Virginia.The new president is a woman from northernVirginia. The Council is composed of menand women of all ethnic groups, from all partsof the commonwealth.

The VSB mirrors the commitment ofmost lawyers to public service, to the princi-pal of equal justice under the law, theimprovement of our judicial system, andaccess to justice for all.

Former state bar president GeorgeWarren Shanks’s President’s Message in theApril 2012 Virginia Lawyer details the variedprograms and extraordinary services of thestate bar, and their benefits. PresidentShanks’s message praises “the boundlessenergy of the bar, and its unswerving commit-ment to excellence and its dedication to theprecepts of our calling.”

Virginia has changed dramatically sincethe State Bar was established. In 1938, therewere approximately 3,100 members of thebar, composed of about 3,000 white men,fifty white women, and fewer than fifty blacklawyers. Fewer than six were women.

Compare that with approximately 47,000members of the VSB today. The Office of BarCounsel alone receives and screens about4,000 complaints each year, 25 percent morethan the entire bar membership when theState Bar began.

In 1938, the nation was still recoveringfrom the Great Depression and Europe was inthe beginning stages of World War II. InVirginia, and in much of the nation, legally-mandated racial segregation prevailed againstpeople of color. Discrimination was also thenorm against women, especially in employ-ment, regardless of whether they were white.

Lawyers were required to be admitted ineach jurisdiction in which they appeared. Alawyer practicing in Richmond, retained torepresent a client in a court case in Wytheville,had to be admitted in the Wytheville courtbefore he could appear there. As you mightexpect, some lawyers admitted to practice inVirginia encountered difficulty simply get-ting admitted in a court in another part ofthe state.

Oliver W. Hill Sr., who was admitted tothe Virginia bar in 1934, in his autobiography,The Big Bang, recalls that during his earlyyears of practice he was retained to represent aclient in Wytheville. On the trial date, he trav-eled to the Wytheville Circuit Court. When hearrived, he offered the commonwealth’s attor-ney his card and asked him to move hisadmission to practice in that court. The com-monwealth’s attorney responded, “I don’tknow you,” and declined to move his admis-sion.1 Hill states that fortunately, when theclerk called for motions, he moved his ownadmission, and the judge admitted him.

When the Virginia State Bar began its barleadership in 1938, and for almost two decadesthereafter, “Negroes” could not study law inVirginia. No law school in Virginia admittedNegroes. It was difficult for Negroes to receivea legal education outside of Virginia. Harvard

www.vsb.orgVIRGINIA LAWYER | October 2013 | Vol. 62 | VSB 75TH ANNIVERSARY

Diversity Conference –Much Accomplished Though Challenges Remainby Clarence M. Dunnaville Jr.

VSB 75TH ANNIVERSARY | Vol. 62 | October 2013 | VIRGINIA LAWYER 25

accepted few Negroes, as did some of the pres-tigious law schools. But in many states, as inVirginia, if you were black you could notstudy law. Nearly two decades later, when Iapplied to law school, Columbia UniversitySchool of Law accepted me, but told me theirquota of Negroes was filled for that year and Ineeded to wait to enter the following year.Virginia was still not training law students ofcolor in any law school, even then.

Prior to 1930, the all-Negro HowardUniversity in Washington, D.C., had anevening law school. Supreme Court JusticeLouis Brandeis “believed Howard could be agood law school, but only if they put energyand resources into it.”2 In the late 1920s,Justice Brandeis told Mordacai Johnson, thenewly appointed president of Howard,“You’ve got to get yourself a real faculty outthere or you’re always going to have fifth-ratelaw school.”3

Following Justice Br andeis’s advice,Howard established a full-time law school in1930 with Charles Hamilton Houston, aHarvard graduate, in charge. Among the stu-dents who entered Howard in the first year ofHouston’s tenure were Virginia’s Oliver W. HillSr. and Thurgood Marshall of Maryland. Hill,Marshall, and a number of the students in theentry class of 1930 challenged the constitu-tionality of segregation.4 Hill and Marshallgraduated in 1933.

In 1938 the disciples of Houston, includ-ing Hill and Marshall, had already begun chal-lenging mandatory discrimination. That year,Houston and some of his disciples prevailed inthe United States Supreme Court in the land-mark case of Missouri ex rel. Gains v. Canada.5

Gaines had been denied admission to theall-white University of Missouri Law School.Chief Justice Hughes stated in his opinion thatthe state of Missouri was required to furnishGaines a legal education substantially equal tothose afforded persons of the white race.Gaines mysteriously disappeared after the casewas decided. It was widely suspected that hewas a victim of criminal activity, however, itwas never established what happened to him.6

Although the Supreme Court, in the yearthat the Virginia State Bar was formed, upheldthe right of Negroes to obtain a legal educa-tion in their states substantially equal to that

afforded whites, it was nearly two decadesbefore people of co