OYEZALEXANDRIA

BAR ASSOCIATION

Volume 31, Number 5 Nov. 2013

President’s Letter

Please send us your announcements!

NEW MEMBERS Please welcome:

Eizabeth Csoka-BubaczRRBMDK, LLP703-299-3440

Marion Cooper MercerTrigiani703-837-5036

Douglas DiffieMercerTrigiani703-837-5000

Anna DvorchikLaw Office of Anna Dvorchik571-483-5003

Steven KriegerSteven Krieger Law, PLLC703-831-7707

Gregory MelusStudent Member

Daniel PereriaOblon, Spivak et al.703-413-6560

Dierdre PottsFiske & Harvey, PLLC703-518-9910

Anne RobinsonCooper Ginsberg Gray PLLC703-934-1480

Elizabeth SelmoCalifornia bar member

Sean SherlockOffice of the Commonwealth Attorney703-746-4100

Mark SullivanRRBMDK, LLP702-299-3440

Robert TestRobert J. Test Law703-837-9070

Tawnya M. YetterThe Yetter Law Firm703-347-6682

President’s Letter continued on page 2

IN THIS ISSUE:2345678101314

Alexandria Lawyers HonoredLibrary Celebrates 35 YearsRandy SengelGeneral District CourtPortrait Unveiling for Judge TiceEnd of CLE SeasonSenior Law DaySeptember Dinner CruiseMilitary & Veterans Law CommitteeCalendar

Believe in yourself, your neighbors, your work, your ultimate attainment of more complete happiness. It is only the farmer who faithfully plants seeds in the Spring, who reaps a harvest in the Autumn.—B.C. Forbes

I found this quote by B.C. Forbes, financial journalist, author and founder of Forbes Magazine, to be a fitting lead-off for this month’s letter. The Alexandria Bar Association has certainly been reaping the rewards of our spring and summer toil.

The Bar continued to focus on providing ample and varied CLE opportunities this fall, including the reprise of the two-day CLE marathon. Topics included Criminal Practice in Circuit Court, Ethics in the Courtroom and best practices in the General District Court, ethics concerning IOLTA accounts, Protective Orders and Federal Criminal Practice, among other things. By the time this edition goes to press, we will have had our final (and perhaps most interesting) CLE before the October 31 deadline: Witches, Ghosts and Graveyards: Virginia’s laws concerning the supernatural, historical and current law. These programs have been informative and very well-attended. Both members and non-members alike have expressed their gratitude for making it so easy to obtain all their CLE credits here in Alexandria at a reasonable price. I again want to acknowledge Doug Coleman, Katie Uston, David Rosenblum, Sarah McElveen and especially Sidoux Mitchell for their hard work in planning these programs. I also want to give a special thanks to Judge Clark, Judge Moore and all the practitioners who prepared and presented these courses.

I am also pleased to report that income from these CLE programs, along with an increase in membership, has helped to get us one-third of the way towards our goal—set just last year—of a three-month operational reserve. This will help keep the Alexandria Bar on solid financial footing in the coming years and allow us to better serve our members and the community.

In my brief tenure as Bar president I’ve already had the honor of representing our organization at several engagements throughout Alexandria. First, I was grateful to have the opportunity to address a group of Alexandria’s senior citizens at Senior Law Day on October 19. This program, jointly organized by the Alexandria Bar Association and Senior Services of Alexandria, taught attendees about the many scams, frauds, electronic and internet schemes and identity theft that thieves use to get money from senior citizens. Member Gregory Murphy, Board Chair of Senior Services of Alexandria, served as a lively and entertaining moderator and emcee.Past President Barbara Anderson was again instrumental in putting this program together. Look for a more detailed write-up in this issue.

Next, I was invited by the Alexandria City Academy to join a distinguished panel, including Judge Lisa Kemler, City Attorney James Banks, Commonwealth’s Attorney Randy Sengel and Ron Lemley, Director of Alexandria’s Court Service Unit. The Academy is a nine-week course offered by the City with a goal of educating participants on the government and services here in Alexandria.

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2013-2014 EXECUTIVE BOARD

OFFICERSSean P. Schmergel, PresidentSarah McElveen, President-ElectDavid Lord, SecretaryNicholas Gehrig, TreasurerKathleen M. Uston, Past-President

BOARD MEMBERSJoseph DiPietroDipti Pidikiti-SmithChristina BrownChristopher Wright

Sidoux Mitchell, Executive Director

BAR OFFICE HOURS9:00 am to 5:00 pmMonday to Thursday

LRS OFFICE HOURS9:30 am to 3:00 pmMonday to Thursday

Alexandria Bar Association520 King Street, Rm 202Alexandria, VA 22314

Phone: 703-548-1106Fax: 703-548-4292

THE ALEXANDRIA BAR ASSOCIATION520 King StreetSuite 202Alexandria, VA 22314

703.548.1106 tel703.548.1105 lrs703.548.4292 fax

Alexbar@alexandriabarva.orgAlexandriabarva.org

Established 1928

Presidents Letter (cont.)I spoke on the Alexandria Bar Association’s role in Alexandria’s judicial system and was able to engage in a lively discussion with the participants and other panelists.

Finally, I had the pleasure of addressing the audience before a live performance of The 39 Steps at the Little Theater of Alexandria. The reception and silent auction that preceded the show benefited our Beat the Odds program, which provides scholarships to needy Alexandria youth. Recipients of these scholarships have often been involved in the juvenile justice system, or have been in foster care here in Alexandria, and have overcome incredible hardships to achieve academically. It is one of the most worthy causes our Bar promotes, so I am very grateful to the Office of the Commonwealth’s Attorney, and the Beat the Odds committee for their efforts in making it such an enjoyable evening and successful fundraiser.

Speaking of the Office of the Commonwealth’s Attorney, please look in this issue for Board Member and Assistant Commonwealth’s Attorney David Lord’s profile of S. Randolph Sengel, who has served as Alexandria’s Commonwealth’s Attorney since 1997. David pays tribute to Mr. Sengel in recounting his long and distinguished

career here in Alexandria. Mr. Sengel’s tenure as Commonwealth’s Attorney will end this year with his retirement. The Bar congratulates him and thanks him for his years of dedicated and exceptional service.

Last month we enjoyed a scenic Potomac River cruise on the Miss Mallory for our first dinner meeting of the year. We were pleased to be joined by Virginia State Bar President Sharon Nelson and her husband John Simek of Sensei Enterprises. Sharon addressed the membership on the future of the profession, a particularly timely and pertinent topic. This month, we continued that theme with our annual Mentors dinner at the American Legion Hall. I was pleased to see our new members mingling with the more experienced amongst our ranks. It is this collegiality that helps keep this Bar and our profession strong.

Please be sure to join us again at our next dinner meeting on November 21, 2013 at 6:00 PM at the American Legion Hall to welcome all our new members and catch-up with the ones you already know. I look forward to seeing you then.

Sean P. SchmergelPresident

alexandria lawyers honored in richmond

From left, Alexandria Bar Association members: Ben DiMuro, Nina Ginsberg, Marni Byrum, Martha McQuade, Tom Curcio and Pia Trigiani enjoy the reception for Leaders in the Law at the Science Museum of Virginia in Richmond. DiMuroGinsberg sponsored the reception. Attorneys Nina Ginsberg, Marni Byrum, and Tom Curcio were honored as 2013 Leaders in the Law. Trigiani, who was selected as the 2012 Leader of the Year, presented this year’s Leader of the Year award to John B. McCammon.

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By now you should have received a fundraising letter from the law library and an opportunity to become a Grand Benefactor, Benefactor, Partner, or Friend, which entitles you to have your name engraved on the 35th An-niversary plaque that will hang in the lobby. The deadline for inclusion on the plaque is December 31st so it’s not too late.

To date, the library has raised over $3,000 from the following generous donors:

Grand Benefactors Grenadier, Anderson, Starace, Duffett & Keisler, P.C.

Benefactors Picture your name here

Partners Gordon P. Peyton

Friends Joshua Bushman

John B. Connor

Law Offices of Lavonda N. Graham-Williams, Esq.

Stephen S. Mitchell

GreenbergCostle

Other Alan Anderson

Priscilla G. Bornmann

DiMuroGinsberg, PC

Victor M. Glasberg & Assoc.

Jeffrey Vogelman

Jeffrey Wigodsky

Alexandria Law Library Celebrates 35 YearsKicks Off Quinquennial Drive New in the Library

Because you asked for it:

West’s Maryland Law Encyclopedia (on Westlaw)

Gifts to the library:A $500 donation in honor of Deborah G. Matthews, Esq. from Pat Cunningham of Coldwell Banker Residential Brokerage, Washington, D.C.

Credit card processing equipment from Joe Posey and Terrapin Financial Services, LLC, Annapolis, Maryland.

Four books from Grace-Marie Turner and the Galen Institute, Alexandria, including:

Why Obamacare is Wrong for AmericaUnleashing America’s PotentialEmpowering Health Care Consumers Through Tax Reform

A subscription to the Duke Law Journal from Gordon P. Peyton, Esq., Alexandria.

A complete set of CCH’s U.S. Tax Cases from Blankingship & Keith, PC, Fairfax. From Sandra Rohrstaff:

When the Bough Breaks! What every parent should know about children’s injuries.

Five Fatal Errors That Can Ruin Your Virginia Accident Case.

You’ve Been Injured. It’s Not Your Fault. Your Back is Killing You. Now What?

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randy sengel

Alexandria’s chief prosecutor, Commonwealth’s Attorney S. Randolph (Randy) Sengel, is known for quoting Justice R. H. Jackson’s admonition on the qualities of a good prosecutor. “A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen’s safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility.” Few quotes could better capture the career of Randy, who has dedicated himself as an attorney to serving the community with a sense of compassion and commitment.

Randy moved to Alexandria in 1960 as a 5th grader. His father, a preacher, had just received a job as the pastor for the Old Presbyterian Meeting House, a position he would hold for 26 years. Early on, Randy’s interests were focused in academic fields. He graduated with a B.A. from Williams College in 1971, majoring in Religion and English Literature. He followed this by studying for a year at Yale University Divinity School, where he also worked with special education students in New Haven, Connecticut. While Randy’s interests would ultimately lay outside of seminary, his commitment to serving those with special needs continued. Randy returned to the Alexandria area, where for several years he taught woodworking to adults who suffered from disabilities such as cerebral palsy. Randy eventually found his way to law school at the University of Virginia, where he graduated in 1976. As a new lawyer, Randy hung out a shingle as a sole practitioner in Old Town, taking cases in criminal defense, personal injury, divorce, and real estate. At that point in time, there was no Public Defender in Alexandria, so much of the work of criminal defense was handled through court appointment. As a result, Randy developed an interest in criminal law and eventually was hired

The once and future prosecutor.

in 1979 as an Assistant Commonwealth’s Attorney. Randy’s first assignment was in the criminal misdemeanor docket. Over the years, he worked his way through the Juvenile and Domestic Relations Court and various felony dockets, before being hired in 1985 as the Deputy Commonwealth’s Attorney. When the Commonwealth Attorney position became vacant in 1997, Randy was appointed by the Circuit Court to fill the position. He ran for election that Fall and was challenged in the Democratic primary. That was the last election, either primary or general, in which he faced any opposition. When he first started as the Commonwealth’s Attorney, Randy wanted to promote an office environment where prosecutors would stay for a longer portion of their career and where the office would have better relationships with the police department and more responsive service to the community. Each of those goals has been accomplished. Over the years, the size of the office has nearly doubled and attorneys now stay for longer periods of time. Randy credits this with an atmosphere where employees care about each other personally and professionally. The office enjoys a strong relationship with the police department and other community agencies, something that was accomplished by focusing on responsiveness in the office. Over the years Randy has prosecuted many tough cases, but the ones that stick out the most to him are homicides, particularly those involving child victims. In getting through difficult cases such as these Randy says that his primary goal, and the goal he has for his staff is, “to struggle with making sure that what you do is fair and the right thing – one case at a time.”

Bryan Porter, who is running unopposed to succeed Randy and has known him for the better part of fifteen years stated, “I am the better lawyer – and person – for having learned from so wonderful a mentor. Randy has taught me patience, humility, and an empathy for those whom our office prosecutes. Randy has made a career out of prosecuting for one reason: a desire to give something back to his hometown. Randy is one of the best trial attorneys I have ever watched argue to a jury, and I know of no finer legal mind. Perhaps more importantly, he is one of the most wonderful people I know. Wisdom and a self-effacing sense of humor are his trademarks. I am pleased to have called him my boss, privileged to call him my mentor, and proud to call him my friend.” Randy met his wife Noel in the Commonwealth Attorney’s Office, where she also worked as a prosecutor. They married in 1981 and Noel went into private practice when Randy assumed a supervisory role in the office. In retirement, Randy and Noel hope to spend time travelling, with Southeast Asia and Italy high on their list. Randy will also get to spend time on his hobbies of fishing, carpentry and cooking. Randy hopes to remain active on the Board of the Center for Alexandria’s Children, an agency dedicated to the investigation of child abuse and providing a multi-disciplinary response to this problem. Randy’s career as a prosecutor has touched many lives in the Alexandria Community and he leaves behind a legacy that holds true to the ideals of a tough and fair prosecutor.

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general district court

Alexandria GDC Chief Judge Becky Moore, J &DR Chief Judge Constance Frogale, and GDC Judge Donald Haddock, Jr attended the Judicial Conference of Virginia for District Courts on 15th-18th of September in Virginia Beach. Judge Moore sat on panel with four other judges on “What we have here is a failure to communicate (with apologies to Cool Hand Luke).” The panel presented tricky courtroom situations and offered discussion of possible ways to handle the issues.

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Hon. William H. Shaw III (Ret.) Hon. Ann Hunter Simpson (Ret.)

Hon. John Charles Thomas (Ret.) Hon. Marcus D. Williams, (Ret.)

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portrait unveling for judge tice

Two retired Chief Bankruptcy Judges for the Eastern District of Virginia. Judge Douglas Tice, standing, and Judge Martin VB Bostetter pose before the

new portrait of Judge Tice. The portrait was painted by Henry Wingate, the artist who painted Judge

Haddock’s portrait. The portrait unveiling was held on Monday, September 23rd at the University of Richmond and was presented by the Richmond

Bankruptcy Bar.

Former presidents of the Alexandria Bar Association, the Hon. Martin VB Bostetter (1962) and Gordon Peyton (1982) and Jean Peyton at the portrait unveiling.

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From January 2013 through October 31, 2013 (the end of the CLE season) your Alexandria Bar Association produced twenty-two separate CLE programs on Thursdays in the Courthouse or before dinner meetings with several of them free and the rest of them at a reasonable cost to the membership.

Starting in FY 2013-14 the CLE committee headed by Sarah McElveen and David Rosenblum and comprised of Douglas Coleman, Sean Schmergel and Katie Uston decided to offer a CLE every Thursday starting in September and running through October 31. In addition, it was decided to revive the Marathon CLE—offering twelve CLE hours with two of them being in ethics. That program was provided on October 25th and 26th and met with excellent reviews. One attendee (not an Alexandria bar member) even wrote the MCLE praising the teaching and the materials and the location. Carr Workplaces loaned us some spectacular space—a huge room with a large table and really comfortable chairs.

The bottom line on the CLEs produced from September 12 through October 31 was $10,505 for the bar association. Part of this income will go to setting up a reserve account for the bar association.

We thank all our instructors whose time, expertise and materials made these programs possible.

Criminal Defense: Joseph King, Christopher Leibig, John Kiyonaga

Going to the Dogs: Heidi Meinzer and Michael Nye

Federal Practice: Christopher Leibig, Joni Robin, Jeffrey Zimmerman

End of the CLE season

The Devil Wore Green: Katie Uston, Richard Mendelson

Tips on Criminal Cases: The Hon. James C. Clark

Best Practices: The Hon. Becky Moore

Marathon Friday: Gwena Kay Tibbits, Seth Guggenheim, Sean Schmergel, Dipti Pidikiti-Smith

Marathon Saturday AM: Jim Leffler, Joseph King, Cary Citronberg, Thomas Tousley

Marathon Saturday PM: Katie Uston, David Rosenfeld, Douglas Coleman, David Rosenblum, Steven Bergeron

Halloween: Katie Uston, Douglas Coleman, Sarah McElveen

You are the best!

The Halloween CLE was presented by Sarah McElveen, Douglas the Viking Coleman, and Katie the Good Witch Uston.

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The third annual Senior Law Day, a joint project of Senior Services of Alexandria, the Alexandria Bar Association, and the Virginia State Bar, was another rousing success. Over 125 seniors (and younger) learned about the flimflam artists who prey particularly on the older citizen be it through investment fraud, identity theft, or scams. They learned how to protect themselves and what is being done to prosecute those scammers.

The keynote speaker was Eleanor Blayney, author of Consumer Guide to financial Self-Defense, warning of financial planning scams and how to pick an ethical financial planner. She is on the Certified Financial Planner Board of Standards, Inc. which oversees CFP®certification.

The program was held from 9:00 to 12:30 on October 19 at the First Baptist Church on King Street.

senior law day The first panel discussed common scams and what action is taken to investigate and prosecute such cases.

From left is Robert Blancato, president of AARP, Commonwealth Attorney David Lord, Detective Daniel Plank from the Alexandria Police Department and Deborah Mathews, Esq. who moderated the panel.

At left, Gregory Murphy, Alexandria bar member and president of the Board of Senior Services, at the podium, Alexandria Bar Association president, Sean Schmergel, who provided the closing remarks.

From left: Frank Schissler, U S Postal Inspection Service, Mr. Norman Breidenbaugh, a victim of a postal scam, Michael Maschke of Sensei Enterprises and Natalie Page, Esq. This panel discussed how to avoid getting trapped by a postal scam, how to keep computer information away from crooks, and what legal tools to employ to keep finances safe.

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Bob Calhoun, at left and Gant Redmon at right. Redmon Peyton & Braswell, LLP were among the sponsors of Senior Law Day.

Some of the crowd.

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Our September 19 dinner meeting was aboard the Miss Mallory as we have done for 5 years now. It is always a well-attended meeting (80 or so members) and we have been fortunate to have the Virginia State Bar presidents to speak at most of them.

This year’s VSB President, Sharon Nelson, spoke about the problems of the practice of law catching up, ethically and practically, with the advances in communication technology. She discussed keeping client information secure saying that biometrics may be the only safe storage method (passwords are becoming obsolete) but that brings its own problems. She assured the membership that the VSB is working to help attorneys move their law practices into this advanced technological age.

We had great weather, a beautiful trip north towards the War College and a blazing sunset. The return trip had DC illuminated at the back and a huge harvest moon overhanging the river. Great thanks are due to Carr Workplaces for their generous sponsorship of this meeting.

september dinner meeting

The Miss Mallory Cruise was generously sponsored by Carr Workplaces.

Food catered by King Street Blues and the fading light brought

the membership downstairs.

Front to back: Tamika Jones, Lavonda Graham-Williams and Shelly Collette.

From left: Rebecca Larson, Alvi Aggarwal and Karla DeSteuben.

Fair skies and warm weather kept the party on the top deck. In the foreground, from left, Alan Anderson, Drew Hutcheson and Denise Tassi. At back left is Doug Coleman.

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Carr Workplace representatives: from left Brittany Rice, Shawn Wilson and Mary Leslie Keena listening to speaker Sharon Nelson.Barbara Anderson (left) with guest

speaker, Virginia State Bar President Sharon Nelson, and Deb Matthews.

Left, Brian Moran, Jean Kelleher and Douglas Steinberg.

From left: Past presidents of the Alexandria Bar Association Foster Friedman and Todd Pilot with Paul Maloof.

Sharon Nelson speaking about the challenges to the practice of law in the age of technology.

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september dinner meeting

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Ever Wondered What JAGS Do? How Military Law Differs from Civilian Law? What are some of the Ethical Implications in working

with Military Clients!

The Military and Veterans Law Committee Invites of Members of the Alexandria Bar Association and the Alexandria

Criminal Justice Community on a “Field Trip” to attend a special session at the

The Air Force Court of Criminal Appeals (AFCCA) Joint Base Andrews, MD

15 Nov 2013 (Friday) at 9:30 am At the Conclusion of the Arguments, the Appellate Judges have

graciously agreed to speak with the attendees and discuss military law

United States v. Lt Col Morita

At issue is whether the appellant (a reservist convicted of forgery, larceny, and frauds against the U.S.) was in military status during the time of the charged offenses. This proves to be an interesting case as the forgery they are charged with is creation of military orders that would have placed them under military jurisdiction. If the orders are fake, then is this a military matter or a civilian

matter?

2 CLEs (1 Ethics) Available for Attendees (Approval Pending)

Please RSVP to Committee Chair Alexis Stackhouse at LitigationPracticeALX@gmail.com Ms. Stackhouse will coordinate transportation and visitor clearances for attendees to enter

Joint Base Andrews, MD

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November, December 2013, January 2014NovemberNov 7 Networking Lunch, 12:30 pm Columbia Firehouse, 109 S. St. Asaph St $15 cash at doorNov 11 Veteran’s Day all courts closed, bar office closedNov 12 Board of Directors meeting, 8:00 am Grenadier Room

Nov 20 LRS Committee Meeting, 4 pm King Street Blues, 3rd Floor, N. St. Asaph St

Nov 21 Dinner Meeting, 6:00 pm American Legion Hall, 400 Cameron St

Nov 27 Courts close at noon, bar office closed at noon

DecemberDec 5 Networking Lunch, 12:30 pm Columbia Firehouse, 109 S. St. Asaph St $15 cash at doorDec 10 Board of Directors meeting, 8:00 am Grenadier Room

Dec 16 OYEZ DeadlineDec 18 Family Law Section Meeting, 8:00 am Bread & Chocolate, King St

Dec 18 LRS Committee Meeting, 4 pm King Street Blues, 3rd Floor, N. St. Asaph St

Dec 19 Bell Ringing, 9:00 am - 5:00 pmDec 19 Bench Bar 5:30 pm - 6:30 pm reception to followDec 23 Bar office closed until Jan 2

JanuaryJan 1 Happy New Year!Jan 2 Bar office opensJan 9 Networking Lunch, 12:30 pm Columbia Firehouse, 109 S. St. Asaph St $15 cash at doorJan 14 Board of Directors meeting, 8:00 am Grenadier Room

Jan 15 Family Law Section Meeting, 8:00 am Bread & Chocolate, King St

Jan 16 Dinner meeting with Ethics CLE, 6:00 pm American Legion Hall

Jan 17 Lee-Jackson Day Courts and Bar office closedJan 20 Martin Luther King Day Courts and Bar office closedJan 22 CLE Committee Meeting, 4 pm King Street Blues, 3rd Floor, N. St. Asaph St