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News JournalTHE VIRGINIA BAR ASSOCIATIONVOLUME XXXI, ISSUE 2 • APRIL/MAY 20054 • President’s Page:

A Case for the Voluntary BarJames V. Meath

6 • The Role of Nonprofits in the Rehabilitation of PrisonersRemarks of The Honorable Mark L. Earley to the Virginia LawFoundation Fellows

9 • Legal Focus/Domestic Relations:Update to Summary of Post-1998 RehabilitativeAlimony Cases and Trends (Sept. 2003-March 1, 2005)Cheryl Watson Smith

13 • The 2005 Virginia Bar Association Legislative Review

16 • VBA Young Lawyers Division:Law School Councils serve and socializeR. Braxton Hill IV

18 • Community Service/Young Lawyers Division:Whitcomb DreamsBrooks M. Smith

20 • Around the CommonwealthDemocratic and Republican gubernatorial candidates to debateat the VBA Summer Meeting • Author Adriana Trigiani, ABAPresident Robert Grey are among scheduled Summer Meetingspeakers • VPLC seeks photos taken “Through Different Eyes”

22 • News in Brief22 • Classifieds/Professional Notices24 • Calendar

VBA• •

VBA NEWS JOURNAL, the official publication of The Virginia Bar Association (ISSN 1522-0974,USPS 093-110), is published six times per year (December/January, February/March,April/May, June/July, August/September and October/November). Membership duesinclude the cost of one subscription to each member of the Association. Subscription priceto others, $30 per year. Statements or expressions of opinion appearing herein are thoseof the authors and not necessarily those of the Association, and likewise the publicationof any advertisement is not to be construed as an endorsement of the product or serviceunless specifically stated in the advertisement that there is such approval or endorsement.Periodicals postage paid at Richmond, VA 23232. POSTMASTER: Send address changesto The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219.

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OUR MISSIONThe Virginia Bar Association is a voluntaryorganization of Virginia lawyerscommitted to serving the public and thelegal profession by promoting the higheststandards of integrity, professionalism,and excellence in the legal profession;working to improve the law and theadministration of justice; and advancingcollegial relations among lawyers.

On the Cover: The Northumberland County Courthouse (1900), photograph byJohn O. Peters. One hundred forty photographs of Virginia courthouses are contained inVirginia’s Historic Courthouses, written by John O. and Margaret T. Peters with a forewordby the late Justice Lewis F. Powell Jr.; photographs by John O. Peters; published byUniversity Press of Charlottesville; and sponsored by The Virginia Bar Association. Toorder the book, call the VBA at (804) 644-0041 or 1-800-644-0987.

PresidentJames V. Meath, RichmondPresident -electWilliam R. Van Buren III, NorfolkChair, Board of GovernorsGlenn C. Lewis, Washington, D.C.Immediate Past PresidentE. Tazewell Ellett, AlexandriaLaw Practice Management Division ChairGant Redmon, AlexandriaYoung Lawyers Division ChairR. Braxton Hill IV, RichmondYoung Lawyers Division Chair-electLori D. Thompson, SalemBoard of GovernorsThe Officers andHon. William G. Broaddus, RichmondJohn D. Epps, RichmondCheshire I. Eveleigh, Virginia BeachWilliam E. Franczek, NorfolkMarilynn C. Goss, RichmondProf. Roger D. Groot, LexingtonJ. Lee E. Osborne, RoanokeG. Michael Pace Jr., RoanokeStephen C. Price, LeesburgGlenn W. Pulley, DanvilleNancy N. Rogers, RichmondHon. Pamela M. Sargent, AbingdonHon. Diane M. Strickland, Roanoke

Member of ABA House of DelegatesDavid Craig Landin, RichmondLegislative CounselHon. Anthony F. Troy, RichmondRobert B. Jones Jr., RichmondAnne Leigh Kerr, RichmondExecutive Vice PresidentCharles Breckenridge Arrington Jr.Director of MeetingsBrenda J. DillardDirector of FinanceAmy B. CatheyVBA News Journal EditorCaroline B. Cardwell

4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL APRIL/MAY 2005

The Case for the Voluntary Barby James V. Meath

PRESIDENT’S PAGE

The case for the voluntary barassociation is an easy one to make.Yes, there are tensions, there aremembership concerns, but I amheartened by the fact that in mytravels around the Commonwealth,people come up to me and ask mehow they can get involved, or moreinvolved, in the work of the VBA.That, indeed, is our challenge.

At the outset, let me say that Ihave been rewarded beyond beliefin two areas. First, many of youhave been so kind to let me knowthat you share my thoughtsconcerning the singular pride thatwe have in being Virginia lawyers.Second, because of the nature ofmy practice, I have not had theoccasion to stay in touch with asmany of my friends, classmatesand colleagues who practice withinthe Commonwealth as I would like.It has been particularly rewardingto reconnect with these individuals.Although it is hard to believe, wehave been out of law school for 26years. In every instance, I amproud of the contribution that theselawyers and judges are making tothe legal system and serving thecitizens of the Commonwealth ofVirginia.

It has been rewarding as well tospeak to local voluntary bar groupsand recognize what good thingsthat these groups are doing,considering the stress that existsfor time, talent and funds forvoluntary bar work. One examplethat I point to is the domesticviolence project that has been sohighly successful in ChesterfieldCounty. As I studied their projectand realized how successful it hasbeen, it saddened me that thisproject has not been templated andmade uniform throughout theCommonwealth. That brings me tothe central question that I am oftenasked. The question isunderstandable and logical. It is“Why should I belong to the VBAor any other voluntary barorganization (Richmond BarAssociation, Norfolk/PortsmouthBar Association, Old Dominion Bar

Association, Roanoke BarAssociation...), when I am requiredto belong to the mandatory bar?” Ihave pondered this question forquite some time, and I believe thatI have formulated the beginnings ofwhat I consider to be a goodanswer.

As Chief Justice Hassell has oftenarticulated, the Virginia State Barneeds to be strong and responsive toall of us, but equally as important isthe strength of the voluntary bar.Indeed, we are fortunate to have, asleaders of the Virginia State Bar,current President David P. Bobzienof Fairfax and President-elect PhillipV. Anderson of Roanoke. Both ofthese gentlemen are not onlycolleagues, but have become friends,as we have traveled in the samecircles as bar leaders. Both of theseindividuals continue to be activemembers of The Virginia BarAssociation. It is also the support ofthe Chief Justice, that of formerPresidents of the Virginia State Bar,and the handwork of our 5,600members that help me answer thequestion posed above.

The mandatory bar must itself bestrong beyond reproach and alsobeyond reproach in its mission.

That mission — regulation,discipline and self-policing. Manyof us have been, and should be,actively involved in the VirginiaState Bar. Indeed, the currentChairman of our Board ofGovernors is now on Bar Counciland has been actively involved inthe Virginia State Bar for manyyears. As our good friend, albeitunder house arrest, MarthaStewart, would say, “That is a goodthing.” So let me, at least partially,make the case for the voluntarybar.

Some voluntary bar associationsare struggling to maintainmembership in an era where thereare many other entities competing forcoveted dues money. Voluntary barassociations are outside of theregulatory scheme that thelegislature has set out. They are notengaged in discipline or regulatinglawyer conduct or self-policingissues. We, as attorneys, have littlecontrol over the mandatory bar. Asstated above, we all participate atvarying levels of the bar structure, aswe should. Most of the functions ofthe mandatory bar typically do notoverlap the functions of the voluntarybar. The voluntary bar historically

APRIL/MAY 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/5

has addressed some of these non-regulatory areas and has done quitewell. I would like to mention a few.

First of all, there is theadministration of justice. I have justrelated above the Chesterfield BarAssociation’s pro bono domesticviolence initiative. This is aworthwhile project that has providedreal value to its members and thepublic at large. Our Association hasalso been at the forefront of lobbyingefforts to enhance the administrationof justice. Indeed, this has been apart of our mission since 1888.There is no better example of ourAssociation’s efforts to enhance theadministration of justice than the factthat in March I was proud torepresent our members in making anaddress and presentation at the 20th

anniversary of the Court of Appealsof Virginia. The VBA, along withother groups, engaged in a resoluteseven-year effort to establish anintermediate court of appeals inVirginia. I can tell you that the Courtis very aware of our efforts in thisregard and is deeply appreciative ofour efforts.

The next area where we havesignificant influence is in law reform.The State Bar, being a governmentalagency, is precluded from lobbying.That, in and of itself, leaves a void asto which groups can lobby thelegislature on behalf of the professionand the public. I know that I shareyour pride in the record of ourAssociation’s efforts in this regard.We are well-known within all threebranches of the government. We areknown to provide an objective voicefor many causes at the GeneralAssembly. Our lobbyists are well-respected, and our positions onlegislation are sought-out. We haveprovided real worth to the professionand the public at large in manyareas. In particular, we have beendogged in advancing the rights ofchildren and the disabled. Oursections and committees haveprovided guidance to the legislatureon numerous bills, not the leastexample of which is the negative billon guardians ad litem that was

blocked in 2002 and the expandedtraining of guardians ad litem projectof the Supreme Court of Virginia,with which our Commission on theNeeds of Children has workedextensively since then. Currently, weare engaged in a continuing effort toreverse the dismal record of theCommonwealth of Virginia inproviding funds for the defense ofindigent criminal defendants. Thisyear we made minor gains, but, aswe did with the intermediate courtdescribed above, we will not stop inour efforts, and we will continue topress the cause and work actively,lobbying all three branches of thegovernment.

Another topic that deservesmention is the independence of thejudiciary. Our organization is well-known among the judiciary for ourcommitment to judicialindependence. We provide aclearinghouse for judges who aresubject to unfair criticisms of theirjudicial decisions. Further, we arecommitted to use our resources toensure that there is due processinvolved in the appointment and re-appointment of our judges withinthe Commonwealth of Virginia.

On this same topic, at the recentannual meeting of the VirginiaTrial Lawyers Association, Iattended a provocative program,moderated by W. Coleman Allen ofRichmond on the topic of judicialindependence, which includedvideo clips of shocking TV adsfrom the recent state SupremeCourt campaigns in West Virginia,where Justice Warren McGraw wasousted by challenger BrentBenjamin. I commend the VTLA forthis outstanding program, whichexamined these crucial issues indepth.

Next, I would cite our divisions,sections and committees. To pointout just one, our Law PracticeManagement Division continues toaddress the myriad of challengesthat exist in the practice of law.From law firm management,lifestyle balance, professionalism,substance abuse, employee

benefits, retirement and disability,it is the Law Practice ManagementDivision that provides our memberswith information and guidance onthese issues. We have providedand continue to provide expertisein the form of seminars andmaterials to our members toenhance professionalism and dealwith the lifestyle balance issuesthat are so prevalent today in ourprofession.

Finally, if the case for thevoluntary bar has not already beenmade, one only needs to look atone of our own, the currentPresident of the voluntaryAmerican Bar Association, RobertJ. Grey Jr. of Richmond. Roberthas dedicated his efforts to usinghis office to put in front ofeveryone the need for jury reform.Our Association has assistedRobert in carrying this message.We entrust juries who are made upof small bodies of ordinary menand women with decisions thatinvolve the liberties and propertyof defendant citizens. Having beencharged thusly, it is incumbentupon us to provide every juror withthe respect, dignity and tools thatthey deserve to carry out thatprocess to render the best, fairestand sound decisions that they can.

The case for the voluntary barassociation is an easy one to make.Yes, there are tensions, there aremembership concerns, but I amheartened by the fact that in mytravels around the Commonwealth,people come up to me and ask mehow they can get involved, or moreinvolved, in the work of the VBA.That, indeed, is our challenge.What we have done in the past iswritten. The value that we willbring and the relevance that wewill maintain with lawyers aroundthe Commonwealth is yet to bedetermined.

In that regard, I am reminded ofthe words of the great bard, YogiBerra, “The future just ain’t what itused to be.” Whatever the future,the involvement of the voluntarybar is important to it. VBA


The following remarks weredelivered at the annual Virginia LawFoundation Fellows Dinner onJanuary 20 in Williamsburg byformer Virginia Attorney GeneralMark Earley and are reprinted withhis permission.

The criminal justice system inAmerica today is broken. Ifmeasured by its ability to rehabilitateprisoners and facilitate theirsuccessful reentry to society, it is byall accounts a failure. With the U.S.having the highest per capitaincarceration rate of any country inthe world and totally unacceptablerates of recidivism, virtually everyneighborhood and every household istouched by incarceration.

We have failed to balance justicewith mercy by all but ignoringrehabilitation. Some offenders needto be locked up forever, and somewill never change. But our criminaljustice system is not based on thatassumption alone. Indeed, onaverage, violent offenders serve only49 months before they are released;offenders for all types of crimesserve an average 25 months. Andonce these prisoners are released,more than 50 percent of them willreturn to prison within three years.

We are poor stewards of taxpayermoney if we basically ignorerehabilitation and thereby ensurecontinued high recidivism rates.There must be a renaissance ofcommitment to rehabilitation byeveryone connected with thecriminal justice system and mostimportantly by the nonprofit sector.

The purpose of this talk is tosuggest that the winds of change areblowing across the face of America,

stirring up a fresh commitment to therehabilitation of prisoners and tosuggest that nonprofits, not thegovernment, should lead the way.

Although today I am the presidentof Prison Fellowship USA, a nonprofitholistic Christian ministry toprisoners and their children, for thefirst 47 of the 50 years of my life, Igave little thought to prisoners. Ivisited prison once to take part in achurch service. As a lawyer I wouldgo to visit my clients in prison. As astate senator and then as attorneygeneral of Virginia, I touredVirginia’s prisons and supportedlegislation that was “tough oncrime.” I generally felt that those inprison belonged there, deserved to bethere, and had no potential.

Such a perspective has beencommon among citizens andpolicymakers. But I believe it ischanging, perhaps more rapidly thanwe think.

At least four factors are drivingthis change. First, with two millionpeople incarcerated in Americatoday, we are reaching a tippingpoint in public opinion. Almosteveryone has a friend or familymember who is or has been in prison.It is no longer somebody else’sproblem.

Second, government funding forincreasing incarceration andrecidivism rates has reached thesaturation point.

Third, in the last four yearscourageous efforts from conservativepolitical leadership, most notablyPresident George W. Bush, have putprisoner reentry initiatives and thementoring of prisoners’ children frontand center on the political agenda.

Such actions signal a departure fromthe traditional conservative approachof “lock ’em up and throw away thekey.”

Fourth, a blossoming of primarilyfaith-based efforts, at both nationaland local levels, are leadingthousands of volunteers in localchurches to become involved in thelives of prisoners both in prison andas they reenter society.

Having served in the Virginiasenate for 10 years and as Virginia’sattorney general for four, I know onlytoo well that in times of fiscal stress,correctional budgets are the first tobe cut. Within those budgets,rehabilitation and educationalprograms are the first andproportionally the deepest cuts thatare made. That is not likely tochange in the real-world competitionfor dollars. Even when statetreasuries are bulging, these effortshistorically receive relatively lowpriority because of demand in other“high profile” areas. But even if thatchanged overnight and prisonerrehabilitation and reentry became thenumber one priority of stategovernments, government agenciesare by nature woefully incapable ofrehabilitation that transforms.

Prisoner rehabilitation and reentryefforts cannot be delivered bybureaucrats. For starters, it isanything but a 9-to-5 job. Instead,they must be delivered through acommunity of loving relationshipsthat are patient, nurturing, sacrificial,holistic, and able to sustain agenuine long-term commitment tothe welfare of prisoners and ex-prisoners.

These efforts must be administered

The Role of Nonprofitsin the Rehabilitation of Prisonersby The Honorable Mark L. Earley

REMARKS TO THE VIRGINIA LAW FOUNDATION FELLOWS


by those who believe that darknesscan be overcome by light, evil bygood, despair by hope, and addictionby freedom. They must be deliveredby men and women who believe inhope and transformation even forthose who have murdered, raped,beaten, stolen, kidnapped, and beenbound by addictive behaviors. Theymust believe that in spite of, andprecisely because of, their past,transformed prisoners and ex-prisoners are uniquely situated tocontribute to society because theyhave experienced brokenness,forgiveness, and restoration.

Rehabilitation must focus on atransformation of the heart,dispositions, and character. It mustequip prisoners with the knowledgeand skills for productive work. Itmust be characterized not by asystems approach but by a relational(mentoring) approach. It must beginin prison and continue for up to twoyears after release from prison—acritical transitional stage. And sinceit cannot be provided primarily bythe state, it must be provided bynonprofits, including churches andfaith-based nonprofits such assynagogues, mosques, etc.

A refocusing on the importance ofrehabilitation is not “soft on crime,”nor does it compromise public safety.I would not advocate such anemphasis if it did. Indeed, the statehas a duty to protect the public,restore the victim, guard thetreasury, and ensure the safety ofinmates in prison. A commitment torehabilitation is consistent with eachof these goals; correspondingly, afailure to provide rehabilitationcompromises each one of them. Forwithout rehabilitative efforts thattransform, inmates are more of athreat upon release than when theywere sentenced, more victims arecreated, more taxpayer money isspent for the same thing over andover again, and inmates are at agreater risk of violence and criminalcorruption in prison. Such anunderstanding is leading to publicsupport of bold new initiatives inrehabilitation and a willingness to

become personally involved in thiscommunity-based effort.

The partnership betweengovernments and nonprofits forpurposes of rehabilitation and reentryare not new. What is new is thelarge-scale interest developingamong nonprofits, the explosion ofinterest among faith-basednonprofits, and the willingness ofnonprofits to spend their own moneyas opposed to government grants.

Indeed, the renaissance inrehabilitation spearheaded bynonprofits need not be fueled bygovernment funds. Some limitedapplication of grants may be helpfulin developing prototypes and hasbeen instrumental in the start ofsome new programs, but in the longrun the prison population is too largeand the needs in rehabilitation toointensely relational to be realisticallysupported by the government. Thiscan and should be a movementlargely sustained by the fuel ofphilanthropy, and the correctionalsystem must welcome and adapt tothe partnership.

The objection, of course, fromsome secularists will be that religionhas no place in this endeavor. But itis not their choice. It is the choice ofthe prisoner. And in the prisons ofAmerica today, there is a deep andabiding interest in things spiritual. Solong as prisoners have freedom ofreligion and so long as they wish topursue a changed life through theirfaith, they should be allowed to takeadvantage of the resources available.

Rehabilitation, successful reentryinto society, and reduced recidivismrates are long accepted goals ofgovernment. Nonprofits, faith-basedor not, that can provide a service thatmeets these goals should be allowedto do so. Particularly in the arena ofaftercare or reentry, nonprofits andspecifically faith-based nonprofits inthe form of local churches areuniquely well suited to engage inrehabilitative and reentry efforts.

If the external forces sparking anattitude change in society at largeare the high incarceration rate, statebudget woes, and a shift inconservatives’ approach to crime,

Mark Earley, former State Senator and Attorney General of Virginia,became president of Prison Fellowship in 2002. As president and CEO ofPrison Fellowship, Earley oversees the national ministry founded by CharlesColson in 1976, which has since spread to 105 countries in addition tothe United States. Prison Fellowship’s core commitments arefellowshipping with Jesus, visiting prisoners, and welcoming their children.In line with these commitments, PF works with thousands of churchesand volunteers across the U.S. to disciple prisoners and prepare them tore-enter the community; to minister year-round to prisoners’ childrenthrough Christmas, camping, and mentoring programs; and to help redeemthe culture by embracing, defending, and applying a clear biblical worldview.Additionally, Earley serves as chairman of Operation Starting Line, a multi-ministry, interdenominational outreach to prisoners in America that ishelping the local and in-prison church provide in-prison evangelistic events,ongoing inmate mentoring, and post-prison assistance for ex-prisonersand their families.

Earley, an attorney, practiced law for 15 years with the firm of Tavss,Fletcher, Earley and King in Norfolk. He served in the Virginia State Senatefrom 1987 to 1997 and then served as the Attorney General of theCommonwealth of Virginia from 1997 to 2001. In 2001 he was theRepublican candidate for Governor of Virginia.

From 1977 to 1982, Earley served on the staff of the Navigators, aninternational evangelical ministry active on college campuses, militarybases, and other settings. He served in campus ministry at the Universityof the Philippines in Manila and in the U.S. at the West Chester Universityin Pennsylvania and at the College of William and Mary in Virginia. Earleyis a graduate of the College of William and Mary, where he received a B.A.in religion. He earned a juris doctor degree from Marshall-Wythe School ofLaw.

ABO

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what then is internally fueling the churches areincreasingly moving into the prisons of America, whichare littered with broken lives looking for a message and amodel of forgiveness, love, and hope.

Let me give just one significant example. In fourprisons across the U.S, Prison Fellowship has developedand staffs a program called the InnerChange FreedomInitiative, which immerses prisoners in a values-basedenvironment taught from a biblical perspective. The in-prison portion—which addresses academics, life-skillstraining, spiritual development, and job preparation—isfollowed by several months of post-prison support toensure that released prisoners have the best opportunityto successfully reintegrate into society. For eachprogram, hundreds of volunteers from local churches arerecruited and trained to work with and mentor the ex-prisoners.

Based on records for Prison Fellowship’s fiscal yearended in June 2004, of the 909 program participants(from all four prisons) who have been released fromprison so far, 90 percent have mentors, 86 percent areinvolved with a church community, and 85 percent aregainfully employed. In a 2002 University ofPennsylvania study that focused on the Texas program—the one in operation the longest—researchers found thatof those prisoners who completed the entire program,only eight percent were reincarcerated within a two-yearperiod.

David Russell is one of those “success stories.” Davidhas described his first stint in prison as the state’s“attempt at rehabilitation — where all I learned was howto do my crime a little better so I wouldn’t get caught.”His second imprisonment — when he participated in theInnerChange Freedom Initiative—he calls a time of“transformation: changing the heart” through a faithrelationship.

Nonprofits must be allowed to operate within andalongside the prison system. States must allow forinnovation and experimentation with the guidelines ofensuring public safety. There will be success and failuresalong the way, but the system cannot get worse than it isat present unless we do nothing but continue the statusquo.

Although the government should not forfeit its role incertain aspects of the rehabilitative process, thecorrectional system is unable to provide the web ofhuman nurture and love necessary to effect life-changingtransformation in the lives of prisoners.

To be successful, such community-based nonprofitsmust be motivated by love for their fellow man and adeep-rooted conviction that life transformation is possibleand is worthy of individual and community sacrifice.Many if not most of the nonprofits stepping up to the plateare faith-based, others are not; but all should be welcomeinsofar as their methodology and purposes are notcontrary to public policy and public safety, and all shouldbe held accountable for results. VBA

VBA FOUNDATIONMEMORIAL GIFTS

VBA Foundation Memorial ContributionsReceived as of April 14, 2005

In memory of Hunter B. AndrewsMr. and Mrs. C.B. Arrington Jr.Mr. William R. Van Buren III

In memory of James A. Betts Jr.Mr. and Mrs. C.B. Arrington Jr.The Virginia Bar Association

In memory of Sam EgglestonMr. and Mrs. C.B. Arrington Jr.

In memory of Tazewell EllettMr. and Mrs. E. Tazewell Ellett

In memory of A.C. EppsMr. and Mrs. C.B. Arrington Jr.Mr. and Mrs. E. Tazewell EllettThe Virginia Bar Association

In memory of Francis H. McGuire Jr.Mr. and Mrs. E. Tazewell Ellett

In memory of Robert R. Merhige Jr.Mr. and Mrs. C.B. Arrington, Jr.

In memory of V.R. Shackelford Jr.Mr. and Mrs. C.B. Arrington, Jr.The Virginia Bar AssociationMr. and Mrs. E. Tazewell Ellett

The Virginia Bar Association Foundation is organizedas a Section 501(c)(3) entity within the InternalRevenue Code to conduct and support charitableand educational purposes of The Virginia BarAssociation.

Gifts to the VBA Foundation in memory or in honorof a family member, friend or colleague, such asthose listed above, are welcomed. Contributionsto the Foundation enable the continued funding ofthe educational and public service programs whichhave distinguished the Association throughout itshistory.

The VBA Foundation also offers the Patron Program,with three recognition levels for donors.

For more information about The Virginia BarAssociation Foundation, please visit www.vba.orgor call the VBA office at (804) 644-0041.


In 1997, the Legislature amendedVirginia Code § 20-107.11 toinclude the option of awardingspousal support for a definedduration, in addition to spousalsupport for an undefined duration orlump sum or any combinationthereof. In the October/November2004 edition of the VBA NewsJournal, a look at the known“rehabilitative alimony” casesrevealed that some defined durationsupport awards were being made inthe extreme situations, i.e. longmarriage, short award of support/short marriage, permanent support.Since September 2003, 10 caseswere located, seven of which werefrom Fairfax. However, a few trendsare emerging in these cases, at leastin Fairfax.

Published Court of AppealsCase:

1. Miller v. Cox.2 The Court ofAppeals remanded the issue ofspousal support raised in Husband’s20033 appeal for reconsideration inlight of the Court’s reversal onseveral equitable distribution issues.Then, in this Appeal, the trial court’saward of $9,000 per monthpermanent support in this 15-yearmarriage was affirmed. This was asecond marriage for both parties,each with children from priormarriages. Both parties were in their50s and healthy. Wife nettedapproximately $25,000 per year andthe trial court’s finding of a fivepercent return on her $1,700,000equitable distribution award wasaffirmed. Husband earned between

LEGAL FOCUS/DOMESTIC RELATIONS

$573,000 and $872,000 per year.Wife maintained the home, hadlimited professional help and wasprimary caregiver of Husband’s sonwho visited several weeks eachsummer. Wife worked throughout themarriage, but testified she sacrificedher career to move several timeswith Husband, including a 1993move to Washington, D.C., forHusband to be the CEO of hiscompany, which managed retirementassets. Husband argued that, basedon Wife’s financial estate and accessto retirement funds from theequitable distribution, a definedduration award was “compelled.”The Court of Appeals disagreed. Anaward of defined duration orundefined duration is discretionarywith the court. The Court of Appealsnoted that a “change in either party’sposition regarding support is moreproperly addressed, not in speculatedanticipation of change, but in relationto the current circumstances of theparties” and the award may bealtered upon a showing of a changein circumstances.4

In affirming the undefinedduration, the Court of Appeals alsoaffirmed the trial court’s award of$9,000 per month, which included asubstantial amount for retirementsavings. The Court of Appeals wentso far as to state that “[t]he parties’savings plan during the marriage isnot only an appropriateconsideration, it is a mandatoryone.”5 However, it is important tonote that both Husband and Wifewere committed to a savingsprogram during the marriage and

both testified to their history ofsavings, so the trial court’s awardgave appropriate consideration to theparties’ pattern and custom ofsavings and investing a substantialportion of their income throughoutthe marriage.

Unpublished Court of AppealsCases:

1. Massa v. Massa.6 The trial court’saward of permanent spousal supportof $10,000 per month and noimputation of income to Wife wasaffirmed. The parties had beenmarried for 17 years and had fourchildren, 4-14 years of age. TheHusband had a B.S. and earned$26,000 per month, plus otherincentives. The Wife had a B.A. inEnglish and a master’s in socialwork, but she had never worked as asocial worker. By agreement, thechildren alternated weeks in eachparent’s home.

Husband asked the court to imputeincome to Wife. The party seekingimputation of income has the burdenof proving that the other party isvoluntarily unemployed or underemployed. Husband’s vocationalexpert testified that Wife could workas a social worker earning $32,000per year, even though the known jobsrequired 2-3 years’ experience. Theexpert opined that Wife’s master’sdegree was comparable to therequired work experience, butadmitted he had never placed aperson in a position as a socialworker.

The trial court considered all ofVirginia Code7 § 20-107.1(E)

Update to Summary of Post-1998Rehabilitative Alimony Cases and Trends(September 2003-March 1, 2005)by Cheryl Watson Smith


almost a 12-year marriage with twominor children. Husband earned$74,400 per year. Wife earned$9,756 per year. By agreement,Wife stayed home while the childrenwere young. She had returned towork in 1998 and contributed to thefamily finances. Husband earnedsignificantly more than Wife did, butthe court found he provided equalnon-monetary contributions. TheWife was healthy, able to work andthere were no special circumstanceswith the children.

3. Block v. Block.11 The trial court’saward of permanent support of$1,500 per month was affirmed. Theparties separated in 1998 after anine-year marriage. The divorce wasawarded August 3, 2004. There werethree minor children, one with aspecial need (learning disability). Byagreement, the Wife worked part-time (32 hours per week) as a nurseearning $50,000 per year. Husbandattended dental school during themarriage. He averaged over$150,000 per year. The trial courtbased its award upon the income,earning capacities, standard of livingduring the marriage, monetary andnon-monetary contributions, specialneeds of the child, education andparenting arrangements during themarriage and the effect of theparenting arrangements on presentand future earning potential.12

Circuit Court Opinions:1. Heiche v. Heiche.13 $1,000/month

for four years, no stated basis. Thiswas a nine-year marriage; threechildren, custody with Wife;Husband with a college degree

earned $130,000/year; Wife earned$11,352/year; grounds were Wife’sadultery, and the court expresslyfound that complete denial of supportwould be a manifest injustice. Fourand one-half year reservation (half ofthe length of the marriage).

2. Abraham v. Bereketab.14 $4,000lump sum support, stressed shortduration of marriage. This wasalmost a four-year marriage;Husband earned $5,578/month; Wifeearned $2,427/month; one child,custody with Wife. The lump sumwas to assist Wife to find housingcomparable to the marital standard ofliving.

3. Hoegle v. Hoegle3. Hoegle v. Hoegle3. Hoegle v. Hoegle3. Hoegle v. Hoegle3. Hoegle v. Hoegle1515151515 $5,500/month permanent support, rejectingHusband’s argument for definedduration support. This was a 22-yearmarriage; one child, living withHusband; Husband had a law degree;Wife had a B.A. in health careadministration. The court found Wifecould earn $40,000/year, but notmore due to her alcoholism, priorunsuccessful treatment and herabsence from the job market at timesduring the marriage.

4. Goldman v. Goldman.16 $3,000/month for 13 years and Husbandpays mortgage until maritalresidence sold, no stated basis. Thiswas a 21-year marriage; Husbandwas 53 and Wife 52; two children,one in college, one with Wife; Wife’stwo-year nursing training was in1971 and the Court accepted herexpert’s opinion that a 10-monthrefresher training course was needed,rejecting Husband’s expert’stestimony that a five-week refreshercourse would suffice. The Courtexpressly did not impute income toWife, so support could not have beenrehabilitative. There wereconsiderable retirement fundsdivided, so since support expiredwhen Wife turned 65 it is possiblethat the limited duration award wasmeant to support the Wife until socialsecurity and retirement benefitsbecame payable, but the court didnot state this expressly.

5. Crawford v. Crawford.17 $1,200/month for 24 months, no stated basis

factors, including the length of themarriage, the very high standard ofliving, the disparate income levels,and, as required by factor (E)(11),the parties’ decision during themarriage regarding employment,career and parenting arrangements.The trial court found that the partieshad agreed Wife would stay homewith the children; that the childrenstill needed her assistance to someextent; and, that even if Wife couldgo back to work, she was limited inwhat she could do because she “hadput aside her career employmentgoals, consistent with her educationalbackground” to further the parties’understanding that she would stayhome with the children whichpermitted “husband’s career toflourish.”8 It was reasonable for thetrial court to conclude that theparties’ agreement for Wife not towork outside the home for 14 yearsnegatively affected her earningcapacity and career opportunities atdivorce.

Husband feared that the trialcourt’s use of the term “permanentsupport” as opposed to support “foran undefined duration” foreclosed thecourt’s ability to modify the award.The Court of Appeals hasconsistently held that a court awardof permanent support is subject tomodification if the circumstanceschange. Moreover, § 20-109(A)permits the court to increase,decrease or terminate the amount orduration of any spousal support ormaintenance.9

2. 2. 2. 2. 2. Holland v. Holland.Holland v. Holland.Holland v. Holland.Holland v. Holland.Holland v. Holland.1010101010 Thetrial court’s award of $700 per monthfor six years was affirmed. This was

Cheryl Watson Smith has her own law firm, Cheryl Watson Smith,P.C., in Roanoke, and practices primarily in the area of family law,including complex property matters. She is a mediator certificed bythe Supreme Court of Virginia and mediates cases by private and courtreferral. She was previously a partner in the law firm of Mundy, Rogers& Frith, L.L.P. Ms. Smith is a graduate of the University of Virginia andthe University of Richmond’s T.C. Williams School of Law, where shewas a member of the University of Richmond Law Review and co-chaired the Client Counseling and Negotiation Board. She has been inthe private practice of law since 1988. Among her numerousprofessional activities, she serves as vice chair of the VBA DomesticRelations Section Council, is a member of the VBA Committee onFederal Judgeships (Western District) and lectures frequently onfamily law issues and mediation.

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and essentially no findings, exceptthe short duration of the marriage.This was a 4-year marriage; eachhad children for whom Wife caredduring the marriage; Husband, 46,had a college degree and wasemployed with General Dynamics;Wife, 37, had an associate degree,paralegal certificate and was workingtoward a B.A. Husband had beensupportive of Wife’s educationalendeavors. Each party was granted areservation.

6. Edgar v. Edgar.1 $750/month forthree years, rehabilitative award tocover Wife’s educational expenses.2This was an 18-year marriage;Husband, 44, was retired militaryand each spouse received a portionof his retired pay; Wife, 42,supported Husband’s career throughmany moves. At the time of trial,Wife was caring for the parties’child, working overtime, and alreadyin a three-year part time nursingprogram earning her B.N. The courtstated that the three-year award wasto permit Wife to complete schoolwithout having to continue to workovertime and to put herself in abetter position to support herself inthe future.

Trends:From these cases, several trends

are emerging, at least in Fairfax:Defined duration awards are

increasingly common in very shortmarriages. Although the cases do notexplicitly state this, the emphasis onthe short duration of the marriagesimplies that the Wife (in these cases)had not made enough of a financialsacrifice or had not suffered damageto her long-term earning capacity tohave a permanent entitlement to themarital standard of living. Marriagesof five years or less are typicallybeing considered a short marriage. Ifboth spouses work and there are nochildren, then a marriage a few yearslonger than five is still beingconsidered short. However, if thereare children early on and one spousestops working to care for thechild(ren), then a marriage of lessthan five years may not be

considered short.Defined duration awards are not as

prevalent in long marriages, exceptto meet the support needs until apension and/or social securitybenefits begin. (Goldman) But, inMiller, with the focus on retirementsavings, the court rejectedHusband’s contention that Wife’sample retirement compelled adefined duration award. A financialplanner may be of assistance in thesecases to show the level of supportneeded until retirement benefitscommence, and to determinewhether the expected benefits willmeet the spouse’s financial needs forthe spouse’s life expectancy. If thecourt bases its award upon a specificamount of expected future retirementbenefits, it is particularly importantthat the amount be stated in theorder, so that the award can bemodified if unforeseen circumstances(e.g., another boom or crash in thestock market, or possible majoramendments to Social Security)result in retirement benefits greateror smaller than expected.

The court must (1) make writtenfindings on the factors in § 20-107.1(E) and (2) explain the basis for anydefined duration award.20 Except forCrawford and Heiche, the cases aredoing a fairly good job on the firstrequirement, making findings on the20-107.1(E) factors. However,except for Edgar, the courts areessentially failing to identify the basisfor the nature and duration of thedefined duration award. Ifappropriate, the court is to specifythe events and circumstancesreasonably contemplated by thecourt, which supports the award for adefined duration. The failure toexplain the basis for the definedduration is clear error. Without anexplanation, a future court will notknow why the limited term wasawarded and will not have a basis todetermine whether to extend orcontract the term or the amount ofthe award.

Although fairly common in otherstates, conspicuous by its absence inVirginia are reported cases making

both a permanent and a definedduration or a lump sum award. A“combination” award may be areasonable alternative in caseswhere the support recipient can workand meet part of his or her needs butwill never reach the income level ofthe support payor in order tomaintain the marital standard ofliving. After a long marriage, inwhich an entitlement to permanentsupport exists, most of the cases justaward it. However, in the appropriatecase, consider seeking an award of alesser amount of permanent support,combined with a limited term award,to give an employable supportrecipient an opportunity and anincentive to find employment.

A lump sum award as part of thecombination could cover educationand retraining costs, but the lumpsum, once awarded, does notterminate, even upon remarriage,and cannot be modified. A definedduration award provides moreflexibility and if the basis of theaward is clearly stated, then it will bemore apparent if the award needs tobe modified in amount or duration, ifthe circumstances change during thedefined duration. Once the durationends, the defined award terminates;but, the lesser amount of thepermanent award continues toaddress, without the necessity offurther litigation (hopefully), theissues of maintaining the standard ofliving, the disparity in incomes,financial sacrifices made during themarriage and damages to therecipient spouse’s long-term earningcapacity.

Practice Pointers:· Request or remind the court to

make findings.· If appropriate, have a financial

expert testify to the level of supportneeded until retirement; the amountof retirement benefits expected to beavailable; and, whether the level ofretirement will meet the spousefinancial needs.

· Submit draft findings and draftexplanation of the basis to the courtfor consideration.


· If no findings or basis is given,preserve the objection for appeal bystating “The court erred by failing tomake the findings and conclusionsrequired by Virginia Code § 20-107.1(F), and by failing to stateclearly the events and circumstancessupporting an award of spousalsupport for a limited duration.”

Perhaps next year more judgeswill have defined duration (or denialof defined duration) cases which theyfeel are appropriate to report, sinceidentifying the trends and the basisfor the trends provides moreguidance to practitioners, which mayincrease the settlement opportunitiesfor spousal support cases. VBA

NOTES1. See B. Turner, “Spousal Support In a Timeof Transition: Recent Changes in VirginiaSpousal Support Law,” Fourth Annual VirginiaChapter of the American Academy ofMatrimonial Lawyers CLE (October, 1998) foran outline summarizing Virginia and non-Virginia law on the issue of rehabilitativealimony; Rehabilitative Alimony and theReservation of Spousal Support in DivorceProceedings, House Doc. No. 55 (1997); Fora discussion of the general history of thelegislation, the jurisdiction and applicability

of the amendments see Peter N. Swisher et.al., Virginia Family Law: Theory and Practice§ 9-6.1 (2003 ed.)2. 44 Va. App. 674, 607 S.E.2d 126 (2005).Case from City of Alexandria.3. Miller v. Miller, Unpublished, Record No.2261-02-4 (July 15, 2003). Case from City ofAlexandria.4. Miller v. Cox, 44 Va. App. at ___.5. Id. at ___.6. Unpublished, Record No. 0843-03-4(March 30, 2004). Case from Fairfax County.7. All references are to the 1950, Code ofVirginia , as amended unless otherwisestated.8. Id.9. Note also, Pappas v. Pappas, Unpublished,2004 WL 1822345 (Ct. App. August 17, 2004):separation agreement allowing “increase ordecrease” in spousal support did not allowmodification of duration. This case statesquite clearly that duration could be modifiedif the award had been made by a court(otherwise, the contract construction issuewould be irrelevant). So, if you want theduration to be modifiable, use broadmodification language. E.g., “Spousal supportmay be increased, decreased or terminatedin amount or duration by a court of competentjurisdiction based upon a material changein circumstances.”10. Unpublished, Record No. 1231-04-3(December 7, 2004). Case from RoanokeCity.11. Unpublished, Record No. 2059-04-2(March 1, 2005). Case from ChesterfieldCounty.12. An interesting procedural question wasraised in this case. Wife filed for spousal

support in JDR in April 1998. The divorcewas filed after the July 1, 1998 amendmentsto 20-107.1. The trial court refused to statewhether the amended version of the statuteapplied as Husband requested. The trial courtarticulated factors in the amended versionof the statute. The Court of Appeals foundthat those factors were encompassed underthe “such other factors” of the prior versionof the statute.13. 2004 WL 1879209 (Fairfax July 21, 2004).14. 2004 WL 877842 (Fairfax March 31,2004).15. 2004 WL 351145 (Fairfax February 9,2004).16. 2003 WL 23272407 (Fairfax December29, 2003).17. 2003 WL 23272405 (Fairfax November24, 2003).18. 2003 WL 22779080 (Fairfax November12, 2003).19. Court stated its findings and gave a clearexplanation of the basis for the award whichis an example of a trial court getting all of the§ 20-107.1 procedures exactly right.20. § 20-107.1(F) provides two requirements:In contested cases in the circuit courts, anyorder granting, reserving or denying a requestfor spousal support shall be accompaniedby written findings and conclusions of thecourt identifying the factors in subsection (E)which support the court’s order. If the courtawards periodic support for a definedduration, such findings shall identify thebasis for the nature, amount and duration ofthe award and, if appropriate, a specificationof the events and circumstances reasonablycontemplated by the court, which supportthe award.

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Business Law

Accessto Justice

CivilLitigation/Boyd-GravesConference

HB 1596, Del. Black, R-Sterling, incorporates HB 1516, Del. Reese, R-Oak Hill; HB 2814, Del.McDonnell, R-Virginia Beach. Support increases in compensation for indigent defense counsel. Billspassed in House Courts but tabled in House Committee on Appropriations.Support initiatives of the Virginia Indigent Defense Commission.Support initiatives for funding civil legal services.HB 2208, Del. Marrs, R-Richmond. Additional fee collected in civil case filings to be deposited intocriminal fund. VBA opposed; failed in House Courts.HB 2628, Del. Albo, R-Springfield. Provide tolling of time limitations on habeas petitions wherepetition is based on attorney’s failure. Passed both houses; signed by Governor.

SB 933, Sen. Stosch, R-Henrico. Technical changes pertaining to LLCs. Passed both houses; signedby Governor.SB 1228, Sen. Stosch, R-Henrico. Revisions to the Virginia Stock Corporation Act. Passed bothhouses; signed by Governor.

Civil Litigation Section:Pre-suit disclosure coverage.SB 1018, Sen. Mims, R-Leesburg. General verdict accompanied by answers to interrogatories. Passedboth houses; signed by Governor.SB 830, Sen. Mims, R-Leesburg. Taxable costs awarded to prevailing parties. Stricken by patron. To bereviewed in interim with Supreme Court.Underinsurance coverage: notice. Tabled by VBA Board.Clarifying discovery of expert witnesses. Possible handoff to Boyd-Graves.HB 2010, Del. Armstrong, D-Martinsville. Clarifying impact, if any, of changes in statutory judgmentinterest rate on existing judgments. Passed both houses with Senate amendment; signed byGovernor.HB 1520, Del. Janis, R-Glen Allen. Pro se litigation; closely held corporations. Expands authority ofnonlawyer appearances in General District Court. VBA opposed. Failed in House Courts.SB 1118, Sen. Norment, R-Williamsburg. Create a single form of pleading for civil actions. Endorsedby Judicial Council. Passed both Houses; signed by Governor. Effective 1/1/06.Boyd-Graves Conference:Amending Rule 5:6(b) of the Virginia Rules of Professional Conduct.SB 827, Sen. Mims, R-Leesburg. Amending Va. Code 8.01-417(B) to share subpoenaed documents incivil cases. Passed both houses; signed by Governor.SB 790, Sen. Obenshain, R-Harrisonburg. Amending Va. Code 8.01-428(c) to extend the time topursue post-trial relief. Passed both houses; signed by Governor.HB 2654, Del. Hurt, R-Chatham. Amending Va. Code 8.01-420.4 concerning the place for takingdepositions. Passed both houses; signed by Governor.SB 1123, Sen. Obenshain, R-Harrisonburg. Amending Va. Code 8.01 to provide waiver of service ofprocess akin to Federal Rule 4. Passed both houses; signed by Governor.SB 1019, Sen. Mims, R-Leesburg. Amending various provisions of the Va. Code to limit use of SocialSecurity information in docketing judgments and other public filings.Addresses divorce proceedings.Passed both houses; signed by Governor.Amending Va. Code 8.01-272 adopting “same transaction or occurrence test” for res judicata.Deferred to 2006 session.HB 2174, Del. Johnson, D-Abingdon. Amending Va. Code 8.01-398 and 19.2-271.2 regarding privilegedmarital communications. Passed both houses with Senate substitute; signed by Governor.Removing distinction between attorney-issued and court-issued subpoenae. Deferred to 2006 session.Amending Rule 4:79 (a)(4)(B) of the Rules of the Supreme Court of Virginia regarding use of expertdeposition at trial.HB 2652, Del. Hurt, R-Chatham. Amending Va. Code 8.01 and 18.2-344 to permit use of unsworndeclarations. Passed both houses; signed by Governor.Endorsing resolution supporting formation of Family Court and endorsing funding to do so.

AREA OF PRACTICE BILL INFORMATION/NOTES/STATUS

The 2005 VBA Legislative ReviewBIlls which passed both houses and were signed by the Governor are in boldface; all others are in regular type.


Construction& PublicContracts Law

Criminal Law

Elder Law

Environment,NaturalResources &Energy Law

DomesticRelations/Family Law

Health Law

Commissionon the Needsof Children

HB 2246, Del. Bell, R-Albemarle. Guardian ad litem standards. Oppose as introduced. Referred toCriminal Law Subcommittee of House Committee on Courts of Justice. Bill tabled.

HB 2283, Del. Janis, R-Glen Allen. Regarding contractual disputes; amendments to the Virginia PublicProcurement Act. Passed both houses; signed by Governor.

HB 1754, Del. Janis, R-Glen Allen, and HB 2265, Del. Bell, R-Albemarle. Embracery; penalty. Providesthat any person who attempts to corruptly influence a juror is guilty of a Class 1 misdemeanor. HB1754 rolled into HB 2265. Referred to Crime Commission for study.

No new initiatives. Will closely monitor all family law-related legislation that arises. Typical highvolume of bills, but again, most negative legislation avoided.Assist in securing budget amendment granting the Judicial Council additional time to study the issueof family courts in Virginia.

HB 2601, Del. Landes, R-Weyers Cave. Medical assistance services; establishing more restrictiveasset transfer limit. VBA opposed. Passed House; left in Senate Committee on Finance. Possiblestudy by section.Support advocacy of long-term care partnership program legislation that may arise during the session.

HB 1752, Del. Janis, R-Glen Allen. Administrative Process Act; judicial review. Support clarification ofthe declaratory judgment statute. Passed House; referred to Senate Committee on Courts of Justice,assigned to Administrative Process Subcommittee; left in Senate Committee on Courts of Justice.

HB 2237, Del. O’Bannon, R-Henrico.Virginia Self Referral Act clarification. Passed both houses;signed by Governor.HB 2243, Del. O’Bannon, R-Henrico. Certificate of Public Need revision. Passed both houses; signedby Governor.Corporate practice of medicine. Not introduced this year, but will study with Business Law Section.Major medical records legislation resulting from a study done with the Joint Commission on HealthCare. Legislation includes the following bills:HB 2514, Del. O’Bannon, R-Henrico; HB 2515, Del. O’Bannon, R-Henrico; and HB 2516, Del.O’Bannon, R-Henrico.Plus:HB 2363, Del. Melvin, D-Portsmouth; SB 1064, Sen. Martin, R-Chesterfield; SB 1109, Sen. Blevins, R-Chesapeake; SB 1110, Sen. Blevins, R-Chesapeake; SB 1203, Sen. Mims, R-Leesburg.All passed both houses in block passage; signed by Governor.HB 1753, Del. Janis, R-Glen Allen. Exempt Department of Medical Assistance Services from Adminis-trative Process Act in part. Defeated in House Committee on Courts of Justice.

HB 1520, Del. Janis, R-Glen Allen. Oppose/modify pro se representation for nonlawyers beyond SmallClaims Court. Modified substitute re-referred to House Courts of Justice subcommittee and strickenfrom docket there.

Law PracticeManagement


Needs of theMentallyDisabled

Oppose HB 961 carried over from 2004: Guardianship or conservatorship for individuals with mentalretardation (Del. Barlow, D-Smithfield). Left in House Committee on Courts of Justice, 12/04.Oppose SB 507 carried over from 2004: Judicial authorization of treatment and detention of incapaci-tated persons. SB 507 left in Senate Committee on Education and Health, 12/04.Support SB 1017, Sen. Mims, R-Leesburg, in modified form for 2005. Passed both houses withamendment; signed by Governor.Monitor SB 640 carried over from 2004: Mentally ill defendants (Sen. Edwards, D-Roanoke). Left inSenate Committee on Courts of Justice, 12/04.


Taxation

Wills, Trusts& Estates

Real Estate Oppose SB 982, Sen.Watkins, R-Midlothian. Title insurance; policies or contracts to be based uponpublished risk rates, penalty. Failed in Senate Committee on Commerce and Labor.Support HB 2821, Del. Suit, R-Virginia Beach. Title insurance; allows companies to charge negotiatedrisk rates. Passed both houses; signed by Governor.HB 2052, Del. Nixon, R-Richmond. Internet access to court records. Passed both houses; extendssunset provision of controls two years to 7/1/07; signed by Governor.SB 992 and SB 1192, Sen. Devolites Davis, R-Vienna. Access to court land records; establishes RealProperty Recording Act and authorizes certain secure remote access. Passed both houses; extendssunset provision of controls two years to 7/1/07; signed by Governor.

Endorse formation of a Tax Court. Deferred to 2006; section will study the appropriateness of a TaxCourt.Recommend solutions to modify the “excessive delay” in dealing with administrative tax protests.HB 2679, Del. Lingamfelter, R-Woodbridge. Eliminate local tax “pay to play” rule. Passed both houseswith Senate substitute; Governor’s recommendation received by House.Passed both houses; signedby Governor.Real Estate Tax Appeal initiative. Tabled by VBA.

Support enactment of uniform procedures for protesting real property taxes.

Reintroduce former HB 139 from 2004 (failed) to lift restrictions on family members as witnesses ofadvance medical directives. Support HB 2584, Del. Kilgore, R-Gate City. Passed both houses; signedby Governor.SB 891, Sen. Mims, R-Leesburg. Sets out Uniform Trust Code of NCCUSL in Virginia. Passed bothhouses with House amendment to delay effective date to 7/1/06; Governor’s recommendationreceived by Senate. Passed both houses; signed by Governor.HB 1715, Del. Kilgore, R-Gate City. Investment protection restriction of the “legal list” of securitiesafforded fiduciaries (follows HB 140 from 2004). Passed both houses; signed by Governor.Open space easement legislation carried over from 2004. Oppose. Carryover passed over.



YOUNG LAWYERS DIVISION

LLLLLaw School Councils serve and socializeaw School Councils serve and socializeaw School Councils serve and socializeaw School Councils serve and socializeaw School Councils serve and socializeby R. Braxton Hill IV, Chair, VBA Young Lawyers Division

For nearly 50 years, TheVirginia Bar Association’s YoungLawyers Division has given newly-minted Virginia lawyers theopportunity to undertake pro bonoservice, to develop leadershipskills and to forgefriendships that spanthe length of careersas well as the breadthof the Commonwealth.With modest fanfarebut tremendoussuccess, theAssociation recentlyextended thosebenefits ofmembership in theYoung LawyersDivision to lawstudents, who represent the nextgeneration of bar leaders. To sowthe seeds of bar service amongthese future leaders of ourprofession, the Young LawyersDivision established Law SchoolCouncils (LSCs) across Virginia. Abrief glimpse at the achievementsof our law student members revealshow felicitous that decision hasproved to be.

The Law School Council for theAppalachian School of Law hasadopted the ASL Memorial 5KRun/Walk as its CommunityService project. The proceeds ofthe race benefit the Anthony Sutinand Thomas Blackwell EndowmentScholarship Funds, and the ASLLSC greatly appreciates theAssociation’s financial support ofthe event. As a sponsor, theAssociation receives prominentbilling on race fliers and T-shirts.Victoria Schawl, the current ASLLSC secretary/treasurer, reportsthat the students have nominatedofficer candidates for next year,

and elections will take place inmid-April.

The George Mason UniversityLaw School Council is likewisegoing strong. On April 10, theGMU LSC will lend a hand with the

Arlington FoodAssistance Center’s“Canstruction”competition, whichshowcases structurescreated of donatednonperishable foodsby local architecturalfirms. The studentswill help dismantlethe contest entriesand organize thedonated food fordistribution to needy

Arlington families. On theorganizational front, the GMU LSChas drafted a new constitution andhas recruited a faculty sponsor,Prof. John L. Costello. Thestudents anticipate receivingrecognition by the school as anofficial student organization by theend of the semester, whichrecognition would entail eligibilityfor funding through the Student BarAssociation. New officer electionsare scheduled for mid-April.

The University of Richmond LawSchool Council was busy inFebruary with its Elder LawSymposium, which was moderatedby Christopher M. McCarthy, chairof the VBA Elder Law Section. Law student Helen Baucomspearheaded the event, garnering89 registrants, including 30 lawstudents, three professors andapproximately 50 attorneys from asfar away as Tidewater andRoanoke. In March, the UR LSCheld a “Necessities Drive” contestwith the William and Mary LSC,

through which the UR studentscollected a carload of donations forthe Safe Harbor Shelter inRichmond. Additionally, studentmember Jackie Wilbur hasimplemented a mentor programthat matches UR law students withlocal attorneys. The students andlawyers have enjoyed severalsocial events in the past fewmonths, including a RichmondRiverDogs hockey game, and theyplan to square off on the kickballdiamond in the near future. Muchto the dismay of VBA PresidentMeath, kilts will not be permittedon the field of play.

In November the University ofVirginia Law School Councilwelcomed remarks by Ted Ellett,now the Association’s pastpresident. UVA LSC PresidentAdam Brink reports that theaddress shed a great deal of lighton the Association’s currentprograms, goals and concerns, andalso made a strong case for studentmembership in the UVA LSC. InFebruary, the UVA LSC organizeda panel discussion entitled“Serving the Public in the PrivateSector” for the law school’s PublicService Conference. Threemembers of the Association servedas panelists for the standing-room-only seminar, providing a distinctand well-received local flavor tothe broad range of subjectsaddressed over the Conferenceweekend. With elections on thehorizon, the Council is laying thefoundation for another productiveyear.

Representatives of the Williamand Mary Law School Counciljoined us at the Annual Meeting inWilliamsburg, and the students areplanning a membership and


networking social event for mid-April. Demonstrating itscommitment to community service,the W&M LSC collected donationsfor the Avalon Center for Womenand Children as part of the“Necessities Drive” contest withthe UR LSC. The W&M LSC thanksoutgoing officers Kelly Street, BradReeves, and Sarah Edmondson, aswell as 2L officer RachelJuhas, who will remain with theCouncil next year.

In the rolling hills of Lexington,the Washington and Lee LawSchool Council hosted a cocktailreception on February 10 at theW&L Alumni House, drawing 20law students and seven lawyers.The students are looking forward tohosting a similar event in Roanokethis fall.

In addition to the laudable workof our law student members throughthe VBA/YLD Law School Councils,law students also play a key role inthe Association’s CommunityService Program, whichencourages attorneys across theCommonwealth to make an annualcommitment of 50 hours of probono legal service, 50 hours ofnonlegal community service, or amix of both. Under the leadershipof William and Mary’s Dean RobertE. Kaplan, the Community ServiceProgram’s Law School Outreach

Committee is formulatingguidelines for making theCommunity Service Programavailable to students, faculty,administration and staff at lawschools throughout Virginia.Thanks to the efforts of thatcommittee, which includes studentmembers Karen Jordan(Appalachian), Jodie Herrman(George Mason ), Joseph Verser(Regent), Scott Hulgan (Universityof Richmond), Kristin Glover(University of Virginia), SarahWayland (Washington and Lee) andElizabeth Bircher (William andMary), the Association hopes toimplement the Community ServiceProgram at Virginia’s seven ABA-accredited law schools at the startof the 2005-06 academic year.

The foregoing is by no means anexhaustive list of the contributionsmade to our Association, ourprofession and our communitiesover the past few months by ourlaw student members, who mustbalance their bar service with thedemands of family life, courseloads and job searches. Reflectedglory shines brightest, and basedon the dedication, initiative andleadership shown by thesestudents, we can take comfort inthe knowledge that the YoungLawyers Division will be in goodhands for years to come. VBA

Be a shining star —sign up for the VBACommunity ServiceProgram in 2005!The VBA Community Service Programwants you... and your law partners...and the members of your local barassociation to shine this year!As the Community Service Programenters its second year, its Councilmembers are determined to increasethe number of participants acrossthe state. Based on comments fromattorneys and judges who havecertified their service hours for 2004,doing good does one good — and theCommunity Service Program isworking to spread that good feelingthroughout the Commonwealth withits “Make the Commitment” drive,March 1-May 31, 2005.All Community Service Programparticipants for 2004 and 2005 willbe part of the CSP Charter Club andpublicly recognized for their servicecontributions. You’ll want to see yourname on the Charter Club list!Remember, the VBA CommunityService Program doesn’t costanything (no dues, no fees); you don’thave to be a VBA member; and it’s nota mandatory program with a bunch ofrecords to keep.All you have to do is visit theCommunity Service Program page onthe VBA website at www.vba.org, printout a commitment form for “VBA ProBono Servant” or “VBA CommunityServant” and complete it, then sendit to the VBA office.You’ll commit yourself to perform 50hours of pro bono publico legal serviceor nonlegal community service thisyear. (Let’s face it, many attorneysdo much more than 50 hours ofservice every year.) Later, you’llreceive a form to report your serviceto the VBA, and early in 2006 theAssociation will publicly recognizethose lawyers who have completedand reported their service.Questions? Just call us at (804) 644-0041 if you don’t find all the detailsyou need on the website. Make yourcommitment today and shine yourservice talents on your community!

University of Richmond law students mingled with elder law practitioners at the ElderLaw Symposium sponsored by the UR Law School Council in March, which featuredlawyer Shawn Majette of Richmond as its keynote speaker (above).


COMMUNITY SERVICE PROGRAM/YLD

Whitcomb DreamsA lawyer’s life lessons from his lunch buddyby Brooks M. Smith

“There is a place where thesidewalk ends…”

And each time I cross the tracksand ascend the hill, past boarded-upapartments and junkyard dogs, to thewindswept plain known as WhitcombCourt, I think about how remote themerry poetry of Shel Silverstein isfrom this garbled concrete outpost.There are no crimson rays orsongbirds or peppermint clouds here.Just rows of two-story tenements —seemingly abandoned in the coollight of day — and a squat publicbuilding styled Whitcomb CourtElementary School.

This is a place of nearlyundeniable squalor. A place thatstrains minute by desperate minuteagainst the hopelessness that seepsin through broken windows,cracked walls and sole-less shoes.A place of Sisyphean struggle.

And yet, through it all, it is a placeof children. Hungry, but impelled byyouthful energy. Their dreams andworries like wet frescos, immovablein spite of the chaos, but alive withemotion and contrast.

Every so often — not nearly asoften as I would like — I venture upthe hill to eat lunch in the schoolcafeteria with a little girl namedDerrica. She’s halfway through thefourth grade, quixotic, outspoken,occasionally querulous, and alwaysebullient at the sight of her lunchbuddy. She’s surely as poor as therest, as exposed to the realities of theprojects as her many siblings, or herrasorial mom, or her absentee dad,or her impossibly younggrandmother. In the two years thatwe have dined together, she seems tohave grown 10, a little person too

soon become big.We do not often talk about

important things. Mostly, wecritique the cafeteria food, playsilly games with fruit roll-ups, andcompete to see who can drink theirchocolate milk the fastest.Sometimes, we go to the libraryafter lunch so that she can read tome. So ponderous, but urgent withthe need to sound out each word, tomake some sense of the story line,as if it were all foreign to her.Lately, she’s delighted in hearingabout my own little girl’s belaboredefforts to speak, to sound outsimple words like “moon” and“mommy,” as if these girls wereconfidants in a confused world ofvowels and silent letters.

Last week, I asked Derrica ifshe’d ever been on a trip, everventured to a faraway place. Shelooked at me as if I had asked anonsensical question. And Irealized that I had, so I quickly re-phrased it.

“Derrica, if you could take a tripanywhere in the world, where wouldyou go?”

She furrowed her little brow andthen said, more unequivocally than Icould have imagined, “SouthAmerica.”

“But why there?” I thought andthen asked aloud.

She looked sheepish for aminute, and then explained.“There’s a little girl that comes onTV sometimes, her name is Jenny,and she’s very, very poor. Shedoesn’t have a family, or a home,or food. I asked my mom if wecould adopt her, so that she couldcome live with us. My mom saidthat would be okay, but only if we

could find a way to go down toSouth America to get her. So that’swhere I want to go.”

This little creature, herself devoidof the comforts that we off-the-hilldwellers take for granted, betwixtdirty and poor, and exposed tohopelessness at every turn, still sheclings to hope. And not for herself,not for her own survival orsatisfaction, but for a little creatureeven less fortunate than she, remotebut bonded by irreducible reality.

I was stunned, nearly fell off mychair, nearly burst into tears. I feltlike the Grinch when he heard theWhos down in Whoville singingtheir sweet song in spite of theirloss, felt like the weight of ahundred-pound iron had been liftedfrom my chest, felt like I could sitthere forever listening to this littlecreature beside me, her voice nowsweet with crimson rays andsongbirds and peppermint clouds.

There is a place where thesidewalk ends, and it is not too farfrom here. Few follow the paththere, and even fewer follow it out.It is a place of overwhelming need,nearly unfixable, almost forgotten.But it also is a place of children,and hope, and from time to time,impossible beauty. Lunch is servedpromptly at 12:20, so don’t be lateor you might miss it.

“Yes we’ll walk with a walk thatis measured and slow,

“And we’ll go where the chalk-white arrows go,

“For the children, they mark,and the children, they know,

“The place where the sidewalkends.” VBA

Brooks Smith is an associate at Hunton& Williams LLP in Richmond and is theimmediate past chair of the VBAEnvironment, Natural Resources andEnergy Law Section. In addition to writingthis essay about his “lunch buddy,” herecently read it to listeners on NationalPublic Radio. For information on becominga “lunch buddy” for a Richmondelementary student, please contact VBAYoung Lawyers Division Richmond MentorProgram Co-Chairs Andrew Sherrod at(804) 697-1231 or Caroline Browder at(804) 782-7643.


ACROSS THE COMMONWEALTH

Candidates, CLEs, cooking, and much more:the VBA Summer Meeting is the place to be !

Books and cooks: Adriana Trigiani will present hernew novel and join in a family-style culinary demo

Major party candidatescontinue VBA traditionof gubernatorial debates

ABA President Grey will moderate panelists’discussion of lawyer professionalism and values

Former Attorney General JerryKilgore (R) and Lieutenant GovernorTim Kaine (D), the projectedgubernatorial candidates of theirrespective parties, have acceptedThe Virginia Bar Association’sinvitation to debate at the SummerMeeting, continuing a decades-longtradition of holding opening debatesof statewide political campaigns atVBA Summer Meetings.

The debate will be held onSaturday, July 16, from 10:30 a.m.to noon, at The Greenbrier. ProfessorRobert D. Holsworth, director of theL. Douglas Wilder School ofGovernment and Public Affairs atVirginia Commonwealth University,will serve as moderator.

VBA President Jim Meath voicedthe pleasure of the Association’sBoard of Governors at thecandidates’ commitment to theevent. “We believe this will giveboth men an excellent platform andafford citizens an early look at amajor decision that will be made inNovember 2005,” he said.

More information will be posted onthe VBA website at www.vba.org.

Kilgore Kaine

July 14-17, 2005, The Greenbrier, White Sulphur Springs, W.Va.

The organizedbar’s role inoverseeingprofessionalismin the legalcommunity willbe consideredduring a generalsession onFriday, July 15,during the VBASummer Meeting.

American Bar AssociationPresident Robert J. Grey Jr. of

Grey

Richmond will moderate a panel ofleading figures within the legalprofession, including former ChiefJustice Thomas Zlaket of theArizona Supreme Court andUniversity of Illinois Law DeanHeidi Hurd, who will discussmandatory and voluntary efforts ofmonitoring lawyer professionalism.

The program is presented by theVBA Committee on Special Issuesof National and State Importanceand the VBA Law PracticeManagement Division.

Author Adriana Trigiani (seated L) will visit the Summer Meeting as part of hernational book tour, reading from her new release Rococo on Friday afternoon andjoining her mother and sisters (above; VBA member Pia Trigiani is standing at L) andThe Greenbrier’s chefs for a culinary demonstration on Saturday, featuring dishesfrom her recent compilation of recipes and memories, Cooking with My Sisters.


The Virginia Poverty Law Center (VPLC) has issued a call for entries in its2005 juried photographic exhibition.

“Through Different Eyes: The Faces of Poverty in Virginia” is a large-scaleeffort to capture through visual images the lives of those in our society who aremost invisible. The project intends to educate the public through art about thelives of low-income families and individuals in Virginia. These families sharemany qualities that are universal — including triumphs and tragedies, pleasureand sorrow, pride and pain, sacrifice and excess, courage and fear, love andanger, spirituality and thoughtlessness. VPLC specifically seeks entries thatavoid stereotypes and instead explore the varieties of daily experience andsingular moments shared by our neighbors.

The Honorary Committee, led by Governor Mark Warner, will invite thefinalists and the community to a public exhibit and awards celebration this fallin Richmond. VPLC, working with the Virginia Museum of Fine Arts and Legal AidSocieties in Virginia, will tour the exhibit throughout Virginia, therebyguaranteeing maximum exposure for the project. Additionally, VPLC will workwith the Virginia Commonwealth University School of the Arts and the T.C.Williams School of Law at the University of Richmond to produce a publicationthat incorporates selected photography, testimonials, and essays on the socialjustice aspects of poverty law in Virginia. The Virginia Bar Association andMcGuireWoods LLP are assisting with public relations for the competition,exhibit, and publication.

The nationally-recognized jury for the exhibition includes Robert Sullivan, thelong-time editor of LIFE magazine, LIFE.com, and LIFE Books; Brooks Johnson,the photography curator from the Chrysler Museum; Tom Rankin, executivedirector of the Center for Documentary Studies at Duke University; and Willie E.Williams, a celebrated photographer, curator, and educator. The jury will selectimages that portray the courage and dignity of low-income families andindividuals in the Commonwealth of Virginia.

While the focus is regional by definition, any photographer may enter thecompetition. Rules for entrants and an entry form are available online atwww.vplc.org. Dates for submitting work for consideration run from March 1through June 30, 2005.

For more information about the work of VPLC, please visit www.vplc.org.

VPLC seeks entries for its 2005 juriedphoto exhibition, ‘Through Different Eyes’

For members only: password protectionwill be coming soon to the VBA website

Later this year, accessing certain areas of The Virginia BarAssociation’s website at www.vba.org will require a bit more effort thana simple mouse-click. In other words, VBA members will need apassword to view protected areas of the website. This feature willprotect members’ privacy and allow the VBA to provide more value-added features for members only. To simplify matters, each VBAmember will have a unique user name which consists of that member’sID number. The password will be the member’s ID number plus thefirst three letters of the member’s last name, as indicated by thefollowing (facetious) example:

Member: Virginia B. LawyerUser Name: 12345 (VBA member ID)

Password: 12345law(member ID plus first three letters of last name)

Afraid you can’t remember your member ID? Watch the printedaddress label on the back cover of the VBA News Journal — memberIDs are now being included with the address information.

The following continuing legaleducation programs, listed with theirsponsoring entities, will be offeredat the VBA Summer Meeting:

Videotape Presentation: “Eye of theBeholder: Client Perceptions of EthicsIssues in Intellectual Property Law(Further Expanded and Enhanced),”Intellectual Property and InformationTechnology Law Section.

“Tips on Effective Advocacy inArbitration,” Civil Litigation Section.

“Fifth Annual Review of CriminalLaw Decisions of the Virginia SupremeCourt,” a presentation by Prof. RonaldJ. Bacigal, Criminal Law Section.

“Drinkin’ My Baby Goodbye: Dealingwith a Substance Abuser in Family LawMatters,” Domestic Relations Section,Judicial Section, and Virginia JointAlternate Dispute ResolutionCommittee.

“The FLSA Today: Fair Pay or FoulPlay?” Labor Relations andEmployment Law Section.

General Session: “Professionalism:How Can Lawyers, Judges and theOrganized Bar Restore Our Values?”Law Practice Management Division andCommittee on Special Issues ofNational and State Importance (seerelated article on facing page).

General Session: “ConflictsBetween Lawyers and Their Clients II,”an interactive ethics presentation byThomas E. Spahn, Law PracticeManagement Division.

“The 2005 Bankruptcy Reform Bill:20 Years in the Making,” BankruptcyLaw Section.

“An Overview of the 2005 Revisionof the Virginia Stock Corporation Actand Post Sarbanes-Oxley DangerZones for the Directors and GeneralCounsel,” Business Law Section.

“Seventh Annual Review of CivilDecisions of the Virginia SupremeCourt,” a presentation by Hon. JaneMarum Roush, Civil Litigation andJudicial Sections.

“Reducing Malpractice byIdentifying and Helping the ImpairedLawyer,” Lawyers Helping LawyersProgram.

Details will be available in themeeting brochure and at www.vba.org.

CLE schedule offersvariety of subjects,formats, presenters


Elaine Charlson Bredehoft of Restonhas been inducted as a fellow of theInternational Academy of Trial Lawyers(IATL). A partner in the law firm ofCharlson, Bredehoft & Cohen and amember of the VBA Labor Relations andEmployment Law Section Council, she isone of 14 inductees invited to join thegroup of more than 500 national and 100international lawyers. She has beenincluded in The Best Lawyers In Americaevery year since 1997, was named byWashingtonian magazine among the "50Best Lawyers in Washington" in 1997,among the "40 Top Lawyers Under 40" in1998, among the “75 Best Lawyers” in2002, and listed as one of the topemployment lawyers in 2004. Bredehoftwas also featured as one of 12 topemployment lawyers in the Washingtonarea in Legal Times in 2004. In 2003, shereceived the honor of being inducted intothe American College of Trial Lawyers,an honor limited to the top one percent ofattorneys in each state.

Malcolm M. Christian of Richmond, aVBA Life Member and counsel to the lawfirm of Spotts Fain, PC, has received theHunter W. Martin Professionalism Awardfrom the Bar Association of the City ofRichmond. In nominating him for theaward, a bar member noted “Throughouthis 52 years of membership in theRichmond Bar Association and activepractice of law in the Richmond area, andthroughout his community involvementincluding service as President of theHenrico County School Board, [he] hasdemonstrated the highest level ofprofessionalism and courtesy to his clientsand fellow members of the bar.”

Joseph W. Gorrell of Fredericksburg,former chair of the VBA Substance AbuseCommittee, has been named as therecipient of this year’s Lewis F. Powell Jr.Award, for outstanding pro bono publicolegal service, by the Virginia State Bar.Gorrell volunteers more hours of serviceto Rappahannock Legal Services than anyother attorney, earning the nickname “JoeMonday.” In addition to his legal aidservice for the past nine years, he hasbeen a longtime supporter of the LawyersHelping Lawyers Program and aparticipant in the VBA Community ServiceProgram. He is a retired federaladministrator with 42 years of civilservice, primarily in the U.S. Departmentof the Interior.

NEWS IN BRIEF

PROFESSIONALANNOUNCEMENTS

CLASSIFIEDS

Mary G. Commander and Elisa D.Carlson are pleased to announce theformation of Commander & Carlsonin Norfolk, Virginia. The law firmemphasizes family law, adoption,workers’ compensation andmediation. Ms. Commander and Ms.Carlson are also the co-authors of“Adoption Procedures and Forms: AGuide for Virginia Lawyers,”published by Virginia CLE.

The VBA News Journal offers classified advertising. Categories available are as follows:positions available, positions wanted, books and software, office equipment/furnishings,office space, experts, consulting services, business services, vacation rentals, andeducational opportunities. Rates are $1 per word for VBA members and $1.50 per wordfor non-members, with a $35 minimum, payable at the time of submission. Ad costsmust be paid in advance. The VBA News Journal reserves the right to review all copybefore publication and to reject material deemed unsuitable.Professional announcements may be printed; the cost per announcement is $15 andtext may be edited for style and space limitations. Deadlines are one month in advanceof the date of publication. Information is available online at www.vba.org, or call fordetails at (804) 644-0041.

REAL ESTATE

Village comfort with urbanconvenience in Chester! 3850sflandscaped brick/frame home, cul-de-sac, new roof, Pella windows, 1st-floor master suite, walk-in attic, denw/FP and built-ins, formal dining/living rooms, must see! Easy accessto Rts. 288 & 10, I-95, Richmond/Midlothian/Tri-Cities. Call E. M.Jacobs, M.D., 748-8411, 731-5439.

Resources you can trust. Information you can use. At prices you can handle.On the Internet at www.vba.org. On the phone at (804) 644-0041.

[email protected] VBA Law Practice Management Division has established anagreement with the American Bar Association to sell ABA books to allmembers of the VBA/LPMD — that is, all members of The Virginia BarAssociation — at a 20% discount.

You can go to www.vba.org, click on a link to the Book Program,peruse a list of books, and print out an order form to send to the VBAoffice with your payment.

NOTE: ALL books published by the ABA — not just the ones listedon the VBA website — are available with the 20% discount. You must,however, place your order through the VBA office to receive thediscount.

[email protected]

The John Marshall Foundationinvites you to save the date of September 24, 2005,

for a gala banquetin honor of the 250th anniversary

of the birth of John Marshall, “The Great Chief Justice.”More details to be available in future issues and at www.vba.org.

Being a VBA member has its rewards!• Members of

The Virginia BarAssociation canpurchase reliableand affordableinsurance andfinancial servicesthat not only

provide benefits for themselves, their families and employees,but also offer a source of non-dues revenue to the Association.Virginia Barristers Alliance, Inc., which offers products andservices of MassMutual Financial Group, is administered byDean Hardy and Howard DiSavino Jr. of Richmond.

The program offers VBA members a great variety of personaland business insurance and financial services. ThroughMassMutual, Dean and Howard offer life, disability income andlong-term care insurance plans in addition to employee benefitprograms and business-oriented services. Health insurance*,college tuition funding plans, retirement planning, estateanalysis and other investment** services are among the otheravailable features. Professional liability insurance has recentlybeen added to the list of offerings. The MassMutual long-termcare product is available at a 10 to 15 percent discount,depending on age, to VBA members. The disability incomeinsurance policies are also available to VBA members atdiscounts starting at 10 percent.

Visit www.virginiabarristersalliance.com on the Internet tolearn more about the wide range of insurance coverage optionsfor VBA members and other Virginia legal professionals, or call1-800-358-7987 or (804) 270-5128.

• Your VBA membership guarantees you special discountswith DHL Express. With DHL Express you can expect guaranteed

domestic services—- next morning,next afternoon,second day, andground. You canalso count on

outstanding international services to more than 220 countriesand territories around the world. Take advantage of your VBAmembership and sign up today for savings on all of your expressshipping needs with DHL Express. Call 1-888-758-8955 or logon to www.airexpressadvantage.com to sign up and receive afree welcome kit. (Mention the special code CJC3 for VBAmembers.)

• Display your VBA membershipcertificate in an elegant framefeaturing Italian hardwoodmoulding, True Conservationmatboard with the Scales of Justiceembossed in gold, a fibrexbackboard and brass-platedfittings with a wire hanger! FramingSuccess is the exclusive supplierof certificate frames to the VBA andoffers frames that will fit yourcertificate perfectly — there is noneed to send in your treasured document for framing. Ordersare shipped within 2 to 4 weeks of your order. FramingSuccess is a member of the Professional Picture FramersAssociation and the invitation-only Fine Arts Trade Guild. Visit

them on the Internet at www.framingsuccess.com, [email protected], or call toll-free at 1-800-677-3726.

• EXCLUSIVE benefits for members of The Virginia BarAssociation! LexisNexis offers flexible research and big savingson the LexisNexis at lexis.com® service for attorneys in small

law firms, newadmittees and solopractitioners! SearchAdvisor, Shepard's®,case summaries,core concepts andexclusive content

make your research easier. From the new attorney just startinga practice to the seasoned litigator who delves into a new areaof law, LexisNexis provides unique offerings that are affordablypriced and easy to customize as business needs change overtime. Call 1-800-356-6548 to take advantage of your exclusiveMember Benefit.

• The VBAW o r l d p o i n t sMasterCard is anexclusive offer form e m b e r sthrough MBNA America, now available with no annual fee. Theface of each card displays the VBA logo, which instantly identifiesyou as an attorney and a VBA member. Apply by phone, 1-800-847-7378, code KAQ0.

• The VBA Law Practice Management Division has anagreement with the American Bar Association to sell ABA books

to all members of TheVirginia Bar Association— at a 20% discount.You can visit the VBAwebsite, click on a link

to the Book Program (www.vba.org/books.htm), peruse a listof books with pricing information, and print out an order form tosend to the VBA office with your payment. (ALL books publishedby the ABA — not just the ones listed on the VBA website — areavailable with the 20% discount. You must, however, placeyour order through the VBA in order to get the discount.) Otherarrangements are offered to VBA members without Internetaccess.

• Receive substantialdiscounts on Virginia’sHistoric Courthouses, byJohn O. and Margaret T. Peters, when purchasing the bookthrough the VBA. A handsome addition to any home or law firmlibrary, the book is also a great gift! Call 1-800-644-0987 forrate information and to place your order.

• Every VBA Section member in good standingreceives a summary of legislation pertaining tothat Section at the close of the General AssemblySession in the spring of each year. This valuableservice is lauded annually by Virginia attorneys!

*Not offered through MassMutual.** Securities offered through MML Investors Services, Inc., 4510 CoxRoad, Suite 200, Glen Allen, VA 23060, (804) 346-1011. MassachusettsMutual Life Insurance Company (MassMutual) and other companies.Springfield, MA 01111-0001.

June 16-19, 200567th Virginia State Bar Annual MeetingVirginia Beach

June 30–July 2, 2005Fourth Circuit Judicial ConferenceHot Springs

July 14-17, 2005115th VBA Summer MeetingThe Greenbrier

September 9-10, 2005VBA Labor Relations & Employment Law ConferenceHilton Oceanfront, Virginia Beach

September 30-October 2, 2005VBA/YLD Executive Committee and Council MeetingWintergreen

VBA• •

The Virginia Bar Association701 East Franklin Street, Suite 1120Richmond, Virginia 23219(804) 644-0041

CALENDAR OF EVENTS

For more details, please visit our website at www.vba.org or call the VBA office at (804) 644-0041.A complete calendar of events with links to additional information is posted on the website.

October 7-9, 2005VBA Board of Governors MeetingHotel Roanoke

October 21-22, 2005Boyd-Graves ConferenceHotel Roanoke

October 27-30, 2005Southern Conference of Bar PresidentsThe Greenbrier

October 28, 2005VBA Virginia Tax Practitioners RoundtableFarmington, Charlottesville

January 19-22, 2006116th VBA Annual MeetingKingsmill, Williamsburg

July 20-23, 2006116th VBA Summer MeetingThe Homestead

The VBA Summer Meeting is the place to be!July 14-17, 2005 • The Greenbrier

Call 1-800-624-6070 to reserve your room today!Watch for schedule and registration information

in the mail (postal and electronic) and online at www.vba.org.

Download - April/May 2005

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