The Senior Lawyers Issue - The WINGS Program Using Illustration for Clarity Fairfax Family Lawyer Deborah A. Wilson - Virginia State Bar
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Fairfax Family Lawyer Deborah A. Wilson with her son Joshua Wilson of NovaLegalGroup, P.C. The Senior Lawyers Issue The WINGS Program Using Illustration for Clarity also Law School Digest and Leadership Opportunities
Virginia Lawyer February 2020
The Official Publication of the Virginia State Bar
Volume 68/Number 5
Features Access to Legal Services
38 Jim Sandman
GENERAL INTEREST Announces Retirement as
President of LSC
24 Deborah Wilson: “I Still Love Practicing Law”
by Deirdre Norman
26 Writing Wills for Super Collectors Noteworthy
by Jeffrey B. Sodoma
VSB NEWS
Post TCJA Tax Concerns and Implications in
30 39 Judge and Lawyer Well-being
Personal Injury Cases Program Launches New Website
by Arthur Weiss
40 Supreme Court of Virginia Opens
32 In Celebration of William T. Mason Jr.’s 93rd Birthday Judicial Learning Center
and 68 Years of Service to the Virginia State Bar
40 Understanding the Changes to
by Jamilah D. LeCruise
Corporate Counsel Registration
On the Way to Solving the Foster Care Crisis in
34 41 Get on the Ballot for Bar
Virginia Council Elections
by Cassie Baudeán Cunningham
42 In Memoriam
43 Edward L. Chambers Jr.
43 Frank Opie Meade
SENIOR LAWYERS CONFERENCE
Columns
Opening Doors to Legal Services: SLC Updates the Senior Citizens
15
Handbook, Encourages Senior Citizens Law Day Programs 8 President’s Message
by John D. Eure 10 Executive Director’s Message
An Appreciation of James Madison,
16 12 Ethics Counsel’s Message
A Virginia President 13 MCLE Board
by Frank Overton Brown Jr.
45 Law Libraries
18 Using Simple Illustrations for Clarity
46 Technology and the Future Practice
by Linda L. McCausland
of Law
Virginia WINGS: The Supreme Court of Virginia and Community
20 47 Risk Management
Stakeholders Work to Improve Adult Guardianship
62 The Last Word
by Erica F. Wood
Departments
6 Forum
VIRGINIA LAWYER REGISTER
44 Conference of Local and Specialty
52 Disciplinary Summaries 54 U.S. Court of Appeals for the Bar Associations
53 Disciplinary Proceedings Fourth Circuit Amends Four Rules
50 CLE Calendar
54 Ethics Committee Seeks Comments 54 Calling All Active and In-good- 56 Professional Notices
on Proposed LEO and Rule Changes standing Lawyers
59 Law School Digest
54 Supreme Court of Virginia Amends 54 Nominate a Deserving Lawyer for 61 Classified Ads
Rules of Court an Award
61 Advertiser’s Index
Cover: Fairfax Family Lawyer Deborah A. Wilson with her son Joshua Wilson of NovaLegalGroup, P.C. Photo by Deirdre Norman
Virginia Lawyer Virginia State Bar
The Official Publication of the Virginia State Bar
2019–20 OFFICERS 16th Circuit
Marni E. Byrum, President R. Lee Livingston, Charlottesville
www.vsb.org Brian L. Buniva, President-elect Palma E. Pustilnik, Charlottesville
Leonard C. Heath Jr., Immediate Past President
Editor: Karen A. Gould, Executive Director and Chief 17th Circuit
Deirdre Norman Operating Officer Adam D. Elfenbein, Arlington
(dnorman@vsb.org) Jennifer S. Golden, Arlington
EXECUTIVE COMMITTEE Gregory T. Hunter, Arlington
Marni E. Byrum, President Joshua D. Katcher, Arlington
Creative Director: Brian L. Buniva, President-elect William H. Miller, Arlington
Caryn B. Persinger Leonard C. Heath Jr., Immediate Past President
(persinger@vsb.org) Maryse C. Allen, Prince William 18th Circuit
Ann B. Brogan, Norfolk Barbara S. Anderson, Alexandria
Assistant Editor: Eugene M. Elliott, Roanoke Stacey Rose Harris, Alexandria
Jackie Kruszewski Eva N. Juncker, Falls Church John K. Zwerling, Alexandria
(jkruszewski@vsb.org) Jay B. Myerson, Reston
William T. Wilson, Covington 19th Circuit
Advertising: LLM Publications Brian C. Drummond, Fairfax
CONFERENCE CHAIRS AND PRESIDENT David J. Gogal, Fairfax
Ben Oerther Conference of Local and Specialty Bar Richard A. Gray, Fairfax
(beno@llmpubs.com) Associations – Lewis A. Martin III Chidi I. James, Fairfax
Diversity Conference – Chidi I. James Douglas R. Kay, Tysons Corner
Senior Lawyers Conference – John D. Eure Daniel B. Krisky, Fairfax
VIRGINIA LAWYER (USPS 660-120, ISSN 0899-9473) Young Lawyers Conference – Farnaz F. Thompson David L. Marks, Fairfax
is published six times a year by the Virginia State Bar, COUNCIL Gary H. Moliken, Fairfax
1111 East Main Street, Suite 700, Richmond, Virginia Jay B. Myerson, Reston
1st Circuit Nathan J. Olson, Fairfax
23219-0026; Telephone: (804) 775-0500. Subscription Damian J. (D.J.) Hansen, Chesapeake Dennis J. Quinn, Tysons
Rates: $18.00 per year for non-members. This material Wayne G. Travell, Tysons
2nd Circuit
is presented with the understanding that the publisher Ryan G. Ferguson, Virginia Beach Edward L. Weiner, Fairfax
and the authors do not render any legal, accounting, Steven G. Owen, Virginia Beach Michael M. York, Reston
or other professional service. It is intended for use by Jeffrey B. Sodoma, Virginia Beach 20th Circuit
attorneys licensed to practice law in Virginia. Because of 3rd Circuit R. Penn Bain, Leesburg
Meredith B. Travers, Portsmouth Susan F. Pierce, Warrenton
the rapidly changing nature of the law, information
contained in this publication may become outdated. As 4th Circuit 21st Circuit
a result, an attorney using this material must always Ann B. Brogan, Norfolk G. Andy Hall, Martinsville
Gary A. Bryant, Norfolk
research original sources of authority and update 22nd Circuit
Neil S. Lowenstein, Norfolk
information to ensure accuracy when dealing with Eric H. Ferguson, Rocky Mount
5th Circuit
a specific client’s legal matters. In no event will the 23rd Circuit
Thomas G. Shaia, Suffolk
authors, the reviewers, or the publisher be liable for Eugene M. Elliott Jr., Roanoke
6th Circuit K. Brett Marston, Roanoke
any direct, indirect, or consequential damages resulting
J. Daniel Vinson, Emporia
from the use of this material. The views expressed herein 24th Circuit
7th Circuit Eugene N. Butler, Lynchburg
are not necessarily those of the Virginia State Bar. The
Benjamin M. Mason, Newport News
inclusion of an advertisement herein does not include 25th Circuit
8th Circuit William T. Wilson, Covington
an endorsement by the Virginia State Bar of the goods
Marqueta N. Tyson, Hampton
or services of the advertiser, unless explicitly stated 26th Circuit
otherwise. Periodical postage paid at Richmond, 9th Circuit Nancy M. Reed, Luray
W. Hunter Old, Williamsburg
Virginia, and other offices. 27th Circuit
10th Circuit R. Cord Hall, Christiansburg
Charles H. Crowder III, South Hill
28th Circuit
POSTMASTER: 11th Circuit William M. Moffet, Abingdon
Dale W. Pittman, Petersburg
Send address changes to 29th Circuit
VIRGINIA LAWYER 12th Circuit
D. Greg Baker, Clintwood
P. George Eliades II, Chester
MEMBERSHIP DEPARTMENT
30th Circuit
1111 E MAIN ST STE 700 13th Circuit
Greg D. Edwards, Jonesville
Dabney J. Carr IV, Richmond
RICHMOND VA 23219-0026
Leah A. Darron, Richmond 31st Circuit
Eric M. Page, Richmond Maryse C. Allen, Prince William
Cullen D. Seltzer, Richmond
Sushella Varky, Richmond MEMBERS AT LARGE
J. Tracy Walker IV, Richmond Denise W. Bland, Eastville
Henry I. Willett III, Richmond Afshin Farashahi, Virginia Beach
Atiqua Hashem, Richmond
14th Circuit Eva N. Juncker, Falls Church
Craig B. Davis, Richmond
B. Alan McGraw, Tazewell
Virginia State Bar Staff Directory Stephanie E. Grana, Henrico
Lenard T. Myers Jr., Norfolk
Marissa D. Mitchell, Henrico
Frequently requested bar contact Lonnie D. Nunley III, Richmond
15th Circuit Patricia E. Smith, Abingdon
information is available online at Jennifer L. Parrish, Fredericksburg A. Benjamin Spencer, Charlottesville
www.vsb.org/site/about/bar-staff.
4 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org
Forum
Condolences
I read, with sadness, of the passing of
Roy B. Thorpe Jr. I met Roy when he
was the Falls Church City Attorney, and Letters
we were on opposing sides of a juvenile
Send your letter to the editor to:
case which ultimately made its way to
norman@vsb.org or
the Court of Appeals. Roy was a capable
Virginia State Bar
adversary, but he was also accessible,
Virginia Lawyer Magazine
respectful, courteous and gentlemanly.
1111 E Main St., Suite 700
My deepest condolences go out to
Richmond, VA 23219-0026
Karen, Jennifer, Laura and George. You
were as lucky to have had Roy as he was
Letters published in Virginia Lawyer
to have had you.
may be edited for length and clarity
The highest praise I can give to any
and are subject to guidelines
colleague in the profession applies to
available at www.vsb.org/site/
Roy Thorpe: He was the kind of fellow
publications/valawyer/.
who gives lawyers a good name.
Mark D. Seidelson
Manassas
Jest Is For All by Arnie Glick
A
WORLD OF
DIFFERENCE
Fastcase
Legal Research
Second Annual
Virginia Law Student Wellness Summit
April 1, 2020
start your journey
University of Richmond
LEARN MORE AT
www.fastcase.com
For More Information Contact Summit Organizers:
Margaret Hannapel Ogden, Wellness Coordinator (mogden@vacourts.gov)
Tracy Winn Banks, Virginia Law Foundation, (tbanks@vacle.org)
6 VIRGINIA LAWYER | December 2019 | Vol. 68 www.vsb.org
President’s Message
by Marni E. Byrum
Edward Chambers:
A Lawyer’s Life Lived Well
Each time I sit down to write terms on the Judicial Candidate the Task Force on Payee Notification.
a column, I begin with a blank page Evaluation Committee. He was a The special committee and task forces
— in much the same way that each of member of the Professionalism, resulted in significant rule changes for
us begins our legal career with a blank Budget and Finance, and Lawyer our profession.
slate. The practice of law is all about Referral Committees. He was on the Ed also served the public and the
choices — how to use our time and our faculty of the Professionalism Course. legal community as a Commissioner
talents. The choices we make define He served on the Clients’ Protection in Chancery, a special justice and a
who we are — not only professionally, Fund Board, and as a member and substitute judge for the 9th Judicial
but personally. chair of the Sixth Disciplinary District Circuit.
During this year, I have written Committee. In addition, no matter Beyond his work with the Bar,
my columns about opportunities for en- how difficult a task, when asked to Ed spent many hours in community
gagement with the Virginia State Bar, as take on yet another — even especially activities, serving on the boards of
well as ways to help address the justice challenging — task, he always said the March of Dimes, the Yorktown-
gap, and to give back to our communi- yes — and then did a fantastic job. Ed Bicentennial Committee, Friends of
ties. In doing so, I have recognized the spent five years working on the Special Yorktown Victory Center, and the
work of sections, committees, confer- Committee on Virginia Model Rules Yorktown Arts Foundation.
ences, and local bar associations. With of Professional Conduct that led to Somehow, some way, and I say
this column, however, I want to focus enviably, Ed was able to find a balance
on an individual. in his life that allowed him to per-
In December, we lost one of the sonify the citizen lawyer. He served
quiet, unsung stalwarts of our profes- our profession and the citizenry of
sion and the Virginia State Bar: Edward our Commonwealth with integrity,
Somehow, some way, and compassion and dedication. As much
Chambers. He was involved in a multi-
tude of activities covering a broad range as we appreciate Ed’s service, we also
I say enviably, Ed was able appreciate his family’s willingness to
of interests. As became apparent at his
memorial service, groups of his friends to find a balance in his life share him and his talents with us.
from different walks of life were each Throughout my term, I have noted
unaware of the divergent contributions that allowed him to that we must all belong to the VSB, yet
he had made to his profession and to no one is required to engage, partici-
his community. personify the citizen lawyer. pate or step up to lead. When someone You’ve Got Mail!
Although he did none of this does, we should not miss an opportu-
Or you might, if your email address is up to date
for praise, I think it is important to nity to say thank you.
with the Virginia State Bar.
recognize his lifelong commitment to Thank you, Ed, for serving the
service. Bar, and the public life.
Please make sure you are getting our monthly VSB
Ed became a Virginia lawyer in Thank you for exemplifying the
News and annual compliance messages by add-
1974. Practicing law on the peninsu- Virginia’s transition from the Code very best in our profession.
ing vsbnews@vsb.org, membership@vsb.org, and
la for more than 40 years, he was a of Professional Responsibility to the Thank you for making a difference.
MCLE@vsb.org to your email contacts.
member of the York-Poquoson Bar Rules of Professional Conduct. He also
Association and served as president spent five years on the Task Force on INCLUSION
And as always: Keep all of your information current
from 1988 to 1989. In 1989, he began Public Protection that looked in depth Z Confidential help for substance abuse problems and by logging on at www.vsb.org.
what would be a 30-year commitment at the fundamental issues arising from DIVERSITY mental health issues.
to volunteer work with the VSB. Ed the Bar’s focus on protecting the pub- Z For more information, visit https://vjlap.org NEW: You can opt out of receiving Virginia Lawyer
served two different terms on Bar lic. One of the issues that came from ENGAGEMENT
or call our toll free number 24/7: 1-877-545-4682 by mail if you prefer to read it online.
Council and also served two separate this analysis led him to two years on
Lawyers Helping Lawyers is now
Virginia Judges and Lawyers Assistance Program
8 VIRGINIA LAWYER | December 2019 | Vol. 68 www.vsb.org
WORLD
Executive Director’s Message
by Karen A. Gould
A
Sex and the Practice of Law
OF
The VSB Standing Committee
on Legal Ethics has proposed amend-
ments to Rule of Professional Conduct
1.8 (http://bit.ly/rule1_8), which con-
cerns conflicts of interest, to add a new
presents a significant danger that,
because of the lawyer’s emotional
involvement, the lawyer will be unable
to represent the client without impair-
ment of the exercise of independent
[19] When the client is an organi-
zation, paragraph (k) of this Rule
prohibits a lawyer for the organization
(whether inside counsel or outside
counsel) from having a sexual relation-
DIFFERENCE
paragraph to establish a bright-line professional judgment. Moreover, a ship with a constituent of the organiza-
blurred line between the professional tion who supervises, directs or regular- Fastcase
rule prohibiting sexual relations with Law Street Media
Legal Research
Legal News
a current client unless the relationship and personal relationships may make ly consults with that lawyer concerning
predated the lawyer-client relation- it difficult to predict to what extent the organization’s legal matters.
ship. The proposed amendments also client confidences will be protected The issue of sexual relations with
add three new comments, [17]-[19], by the attorney-client evidentiary a client is currently addressed in Legal
explaining the purposes and scope of privilege, since client confidences are Ethics Opinion 1853 (http://bit.ly/ AI Sandbox
the prohibition, as well as the fact that protected by privilege only when they LEO1853), which follows much of Legal Data Analysis
it is not imputed to other lawyers in a are imparted in the context of the the same reasoning as the proposed
firm. The purpose of engaging in this client-lawyer relationship. Because comments to Rule 1.8 and concludes
discussion is not to discuss whether it’s of the significant danger of harm to that sexual relations with a client
ok to have sex with a client (clearly, it’s client interests and because the client’s will be prohibited in many cases. The
not, under most circumstances), but to own emotional involvement renders proposed amendments establish a
discuss how you can be relevant to the it unlikely that the client could give bright-line rule to that effect, based on
discussion. adequate informed consent, this Rule the same concerns about conflict of
The text of the proposed amend- prohibits the lawyer from having interest and overreaching.
ments is underlined here: sexual relations with a client regardless The ethical rules have never Full Cour t Press
Expert Treatises
RULE 1.8 Conflict of Interest: of whether the relationship is consen- permitted lawyers to have to sex with
Prohibited Transactions sual and regardless of the absence of one’s client for the reasons set forth in
… prejudice to the client. Legal Ethics Opinion 1853, adopted in Docket Alarm
Pleadings + Analytics
(k) A lawyer shall not have sexual rela- Like a conflict arising under paragraph 2009. Long before LEO 1853, the VSB
tions with a client unless a consensual (i) of this Rule, this conflict is personal Discipline Department prosecuted
sexual relationship existed between to the lawyer and is not imputed to individuals who had sex with clients
them when the client-lawyer relation- other lawyers in the firm with which under certain circumstances.
ship commenced.
…
the lawyer is associated.
[18] Sexual relationships that predate
This proposed amendment would
bring the rule in line with the ABA
NextChapter
Bankruptcy Petitions + Filing start your journey
Client-Lawyer Sexual Relationships the client-lawyer relationship are not Model Rules and the rules of at least Fastcase is one of the planet’s most
[17] The relationship between law- prohibited. Issues relating to the ex- 43 other jurisdictions that address this innovative legal research services,
yer and client is a fiduciary one in ploitation of the fiduciary relationship issue through a rule and/or comment and it’s available free to members of
which the lawyer occupies the highest and client dependency are diminished rather than just an advisory ethics the Virginia State Bar.
position of trust and confidence. The when the sexual relationship existed opinion. Violation of an ethics rule
prior to the commencement of the may result in the prosecution and LEARN MORE AT
relationship is almost always unequal;
thus, a sexual relationship between client-lawyer relationship. However, conviction of a lawyer for the charged www.vsb.org/site/main/member-portal
lawyer and client can involve unfair before proceeding with the representa- offense.
DOWNLOAD TODAY
exploitation of the lawyer’s fiduciary tion in these circumstances, the lawyer At the beginning of each month,
role, in violation of the lawyer’s basic should consider whether the lawyer’s the VSB Communications Department
ethical obligation not to use the trust ability to represent the client will be sends out an email containing news
of the client to the client’s disadvan- materially limited by the relationship.
tage. In addition, such a relationship See Rule 1.7(a)(2). Ethics continued on page 36
10 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org
Ethics Counsel Mandatory Continuing Legal Education
by James M. McCauley
The Receipt of Privileged Documents MCLE Board Launches Study of
Through Inadvertent Disclosure and Policies and Procedures
New Virginia Rule 4.4(b) by Justice Stephen R. McCullough and Christine Lockhart Poarch
Lawyers are often placed in an document or information was 280 Va. 113 (2010) (using a five-fac- Like all Virginia State Bar boards consider and decide MCLE waiver and attorney wellness, a stated objective
ethical dilemma by having received inadvertently sent if the sender tor test for courts to apply in order to and committees, the Mandatory extension requests. of the Supreme Court of Virginia
through accident or inadvertence a promptly notifies the receiving determine whether the attorney-client Continuing Legal Education (MCLE) Beginning in March, the MCLE subsequent to its report “A Profession
privileged document which the lawyer lawyer of the mistake. privilege was waived by an inadvertent Board strives to constantly im- staff will distribute an online survey to at Risk.” The MCLE Board has already
knows was misdirected. New Virginia disclosure of privileged information). prove its processes and policies. solicit input from a wide cross-section begun reviewing policy changes that
Rule 4.4(b), effective December 1, Comment 2 also clarifies that the Importantly, Comment 2 explains Improvement necessitates feedback, of CLE providers. MCLE staff will then may be necessary on distance learning,
2019, addresses the ethical duties of a rule does not apply to information that that if the receiving lawyer is without and over the next four to six months, analyze common areas of concern law office management (including
lawyer who receives privileged mate- was wrongfully obtained rather than actual or constructive knowledge that the MCLE board and staff will launch in an initial report to the board. The cybersecurity and data privacy), and
rial sent by an adversary or opposing inadvertently obtained, and that it only the material was inadvertently deliv- a program aimed at gathering that board plans to convene a series of duration limitations on ethics credit.
counsel by accident. applies to metadata if the metadata is ered or that the material is protected feedback into concrete recommenda- townhall meetings — some online and The board is also examining renewal
The new rule codifies the guidance privileged and inadvertently disclosed. under the attorney-client privilege, tions for the MCLE Board’s consid- others in person at the Virginia State standards for accredited sponsors, who
currently found in LEO 1702 regard- Finally, Comment 3 explains that the Rule 4.4(b) does not apply. eration. Bar offices in Richmond — in order to represent approximately 100 MCLE
ing a lawyer who receives privileged rule, and LEO 1702, are justified by Rule 4.4(b) was necessary because The MCLE Board is one of three clarify reported concerns and respond providers.
information that was inadvertently the extreme importance of preserving the receiving lawyer’s obligations Virginia State Bar boards established to questions concerning the Supreme The MCLE Board and staff have
sent. Rule 4.4 (b) requires that a lawyer lawyer-client confidences, and that the as set out in LEOs 1702 and 1871 by the Supreme Court of Virginia.1 Court of Virginia’s rules, MCLE already begun seeking feedback
who receives a document or electron- duties established by the proposed rule could not be found in the black letter The work of the on other policy
ically stored information relating to override the lawyer’s duty of commu- provisions of the Virginia Rules of MCLE Board changes from
the representation of the lawyer’s client nication under Rule 1.4. This means
Professional Conduct or former Code involves Virginia Beginning in March, the MCLE staff will distribute an online providers infor-
and who knows that the information is that the lawyer is prohibited from
of Professional Responsibility. The attorneys’ compli- mally. This project
privileged and was inadvertently sent informing his or her client of rele-
Virginia version of Rule 4.4(b) differs
survey to solicit input from a wide cross-section of CLE
ance with mini- represents the
must immediately terminate review or vant, though inadvertently disclosed,
from the ABA Model Rule 4.4(b) in mum MCLE stan- providers. MCLE staff will then analyze common areas of board’s intention to
use of the information, promptly noti- information, and that the lawyer is
two important respects: (1) the ABA dards and MCLE solicit input from
fy the sender, and abide by the sender’s prevented from using information of
instructions, if applicable, to return or great significance to the client’s case.
MR 4.4(b) only obligates the receiv- program course ap- concern in an initial report to the board. as wide a group of
ing lawyer to notify the sender of the proval for Virginia MCLE providers
destroy the information. Comment 3 reiterates the guidance in
inadvertent disclosure; and (2) ABA credit in support of as possible and the
Comment 2 further explains the LEO 1871 by recognizing situations
MR 4.4(b) applies to any document the core elements of the Virginia State regulations, opinions and procedures. board’s sensitivity to and respect for all
scope of the rule by defining when a in which pre-trial discovery rules and
agreements by litigants may modify that has been inadvertently sent. For Bar’s mission: (1) to protect the public, Thereafter, the MCLE Board will con- continuing legal education providers,
document is inadvertently sent and
the parties’ obligations or permit the attorneys that conduct litigation in (2) to regulate the legal profession of sider recommendations and determine whether accredited sponsors or not.
when the lawyer knows or reasonably
receiving lawyer to contest a sender’s other jurisdictions, please be aware Virginia, (3) to advance access to legal how best to implement agreed-upon As such, we hope that all MCLE pro-
should know that that is the case:
claim of privilege following an inad- that you may be required to follow services, and (4) to assist in improving changes. The MCLE Board hopes to viders, large and small, will assist us by
A document or electronically vertent disclosure; the proposed rule the forum jurisdiction’s rule, which the legal profession and the judicial have this process concluded by the end participating fully in this process.
stored information is inadver- does not prohibit such actions and the could be different from Virginia’s. See system. of 2020. While this effort is aimed at
tently sent when it is accidentally recipient is permitted to sequester the Virginia Rule 8.5(b)(1) (applying the Staff of the Virginia State Bar’s obtaining feedback from providers, the Justice Stephen R. McCullough is the
transmitted, such as when an inadvertently sent document pending rules of the jurisdiction in which the Regulatory Compliance Department resulting improvements will ultimately Supreme Court of Virginia’s liaison to
email or letter is misaddressed, use of such a process. However, the court hearing the matter sits). carry out the board’s daily administra- improve the experience for both pro- the MCLE Board. Christine Lockhart
or a document or electronically general trend in the law is to hold that tive operations. During the last annual viders and attorneys. Poarch is the MCLE Board’s chair.
stored information is accidentally the attorney-client privilege is not cycle, staff reviewed approximately In addition to compliance and
included with information that waived by inadvertent disclosure if rea- Endnotes 20,000 courses. Of that number, only course approval, the work of the
was intentionally transmitted. . . . sonable measures were taken to avoid 1 See Part 6, Section IV, Rules of Supreme a small number are sent to the MCLE MCLE Board includes critical poli-
Court of Virginia, Paragraph 17 and the
the receiving lawyer knows or inadvertent disclosure. See, e.g., Walton Virginia Code, Title 54.1, Chapter 39, Board for consideration and deci- cy changes, such as the board’s 2018
reasonably should know that the v. Mid-Atlantic Spine Specialists, P.C., Article 2. sion. MCLE staff and the board also amendment of Opinion 19 to include
12 VIRGINIA LAWYER | February 2020 | Vol. 68 www.vsb.org www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 13
Why did you
Opening Doors to Legal Services:
SLC Updates the Senior Citizens Handbook,
Encourages Senior Citizens Law Day Programs
become a lawyer? Welcome to the Senior Lawyers Conference (SLC) issue
by John D. Eure
Your SLC supports these programs in multiple ways.
of Virginia Lawyer magazine. All Virginia lawyers who are We publish the Handbook and furnish bound copies in
in good standing and 55 years of age or older are auto- bulk to Senior Law Day program presenters at no charge.
matically members of the Senior Lawyers Conference. The Handbook’s costs, in fact, are the largest item in the
Currently, there are over 21,000 senior lawyers in the SLC. SLC’s budget each year. The SLC’s webpage also links to
One of the VSB’s most popular publications, the Bill Wilson’s extremely useful blueprint for a Senior Law
Senior Citizens Handbook is a project of the SLC and is Day program, so presenters don’t have to reinvent this
packed with helpful information about legal issues, oppor- particular wheel. Newly available on the SLC webpage
tunities, and choices facing seniors today. The Handbook is a collection of videos of the most recent Senior Law
gives seniors, their families, and their caregivers critical Day program moderated by Bill Wilson at the Dabney
knowledge about how different laws may affect them. The Lancaster Community College in Clifton Forge. It is worth
book opens a significant door to “access” by educating watching, to see firsthand how a local bar association re-
people about relevant legal issues, empowering them to lates to its local communities and serves their needs. Past
understand the law, and helping them recognize when SLC Board Chair Bruce Robinson, who is the SLC board’s
they may benefit from professional legal advice. current Law Day chair, stands ready to advise anyone in-
Much has changed since this resource was last up- terested in presenting a program. Bruce can be contacted
In all likelihood, it was to be of service — whether you The legal landscape has changed dramatically since dated in 2013. Under the editorial direction of SLC Board at (434) 447-7922, and the SLC’s VSB staff liaison, Sylvia
are helping a family through a divorce or represent- 1977. Lawyers can advertise. The yellow pages mean Member Barbara Anderson, the SLC Board of Governors Daniel, can be reached at (804) 775-0559 or at Daniel@
ing a multi-national corporation through a merger or nothing to an entire generation of people who have
has undertaken a comprehensive update of the Handbook. vsb.org.
This task has directly involved most of the SLC Board, as According to the bylaws of the SLC: “The purpose of
acquisition. never met a phone that isn’t smart.
well as other Virginia lawyers who have graciously given The SLC shall be to uphold the honor of the profession of
their time and expertise. We aim to publish the updated law, to apply the knowledge and experience of the profes-
As we head into a new decade, consider becoming part And that little thing called the internet has turned into version in the spring of 2020. Once that task is finished, sion to the promotion of the public good, to encourage
of the service that has been helping Virginians obtain a lot more than a thing. But some people still need we will consider how to institutionalize the updating cordial discourse and interaction among the members of
access to lawyers for over 40 years. help finding a lawyer and the Virginia State Bar remains process, and how to make this information available to our the Virginia State Bar, and to pursue its Mission and Goals
committed to helping those people get access to legal Spanish-speaking population. as follows: The SLC shall serve the particular interests of
Many Virginians lack the resources or the connections services. The VSB, through the SLC, provides the Handbook senior lawyers and promote the welfare of seniors general-
to find a lawyer in their area or to understand their legal free of charge to thousands of Virginians each year, pri- ly.” We take our mission seriously and hope that we are of
rights, but they do not qualify as pro bono candidates. The Virginia Lawyer Referral Service and lawyers like marily through Senior Citizens’ Law Day programs where service to you and your senior clients.
you can make sure that more people have a chance to the Handbook constitutes the “course material.” These 3- to
4-hour programs, originated a number of years ago by
This year, the Virginia Lawyer Referral Service is offer- understand their legal rights.
then-SLC Board Member Bill Wilson of Covington, are or-
ing new lawyers who join the Service one year of free
ganized by local bar associations or by motivated individu-
membership. And right now, joining the VLRS is free. So, what do
al lawyers. Depending on the target audience and available
you have to lose? speakers, these programs may cover topics such wills,
Sign up, and let our team send you pre-screened refer- living trusts, alternative estate planning devices, powers of
rals in your area. Call Toni Dunson at (804) 775-0591 to talk about how attorney, advance medical directives, paying for long-term
you can help or sign up online at www.vlrs.net. care, Medicaid eligibility, prescription drug plans, choos- John D. Eure is chair of the Senior Lawyers Conference Board of
Governors. A member of the Roanoke law firm of Johnson, Ayers
Build your practice, build your reputation, or simply ing a nursing home or assisted living facility, reverse mort- & Matthews, P.L.C., he practices in the areas of insurance coverage,
build confidence in our legal system for all Virginians Virginia is for good lawyers. Thank you for being one gages, and funeral planning. All reports confirm that these appellate law, and estate planning and administration. He publishes
and speaks frequently on insurance coverage issues, appellate practice,
by taking the time to help us help them. of them. programs are extremely well-received by those attending. and legal writing. He earned a B.A., magna cum laude, from Yale
They are, in short, a real and direct service to the public. University and an M.A. and J.D. from the University of Virginia.
www.vsb.org SENIOR LAWYERS CONFERENCE | Vol. 68 | February 2020 | VIRGINIA LAWYER 15
AN APPRECIATION OF JAMES MADISON
political theorist, political scientist, concilia- James Madison has been variously
tor, and mediator. Madison approached most referred to as the Father of the Constitution,
all of his activities with the goal of being the the Architect of the Constitution, and the
best prepared that he could possibly be. He Father of the Bill of Rights; although Madison
was also a man of discretion. himself was deferential to the contributions
As almost everyone knows, he was of others. It may safely be said that his efforts
married to the widow Dolley Payne Todd, and were critical in helping to shape our nation.
when Madison died, they had been married Madison died on June 28, 1836, at
for 42 years. Montpelier, Virginia at age 85. At the time of
Madison also established an impressive his death, he was the sole surviving signer of
record of government and public service, in- the United States Constitution. His doctor
cluding: Orange County Committee of Safety, offered to provide medication to help prolong
Virginia Governor’s Council of State, mem- his life a little, so that he could die on July 4, as
ber of the Virginia Legislature, delegate to both John Adams and Thomas Jefferson had
the Philadelphia Constitutional Convention, died on July 4, 1826, but Madison refused. In
Virginia delegate to the Continental his “Advice to My Country,” written two years
Congress, member of United States House before his death, with instructions that it not
of Representatives, secretary of state under be made public until after his death, Madison
President Thomas Jefferson, president of the wrote, “The advice nearest to my heart and
United States (two terms), delegate to Virginia deepest in my convictions is that the Union of
Constitutional Convention, and rector of the the States be cherished and perpetuated....” If
University of Virginia. Madison had been given the gift to foresee the
An Appreciation of James Madison, Madison knew and was well-respected
by many of the Founding Fathers, including
future, one wonders what would have been
Madison’s feelings about the outcomes of the
A Virginia President Thomas Jefferson and George Washington
(as a matter of fact, Madison “ghost-wrote”
many constitutional crises which have been
faced (or are being faced) by the United States
Washington’s First Inaugural Address for in succeeding generations, including the great
by Frank Overton Brown Jr. him). Some were Federalists and some were irony that, within about two and one-half de-
Anti-Federalists, which required Madison’s cades after Madison’s death, the United States
use of his special skills in helping to draft was engaged in a catastrophic Civil War and
and structure the Constitution and the Bill its aftermath.
James Madison Jr. (referred to in Having been tutored and taught locally in
of Rights. John Marshall said that of the men
his youth, in 1769, at age 18, James Madison
this appreciation simply as James that he (Marshall) had known who “had the
enrolled at the College of New Jersey (now
Madison or Madison), who served greatest power to convince, I should perhaps
Princeton University). Madison was taught
say Mr. Madison, while Mr. [Patrick] Henry James Madison has been variously referred to as
two terms (1809–1817) as president and mentored by the school’s president, John
had without doubt the greatest power to
of the United States, was born in Port Witherspoon, who later became the only
persuade.” Today, the differences between the Father of the Constitution, the Architect of the
Conway, Virginia on March 16, 1751. clergyman and college president to sign the
“convincing” and “persuading” have practi-
For most of his life, he lived in Orange Declaration of Independence, and also served
cally passed from everyday usage, but if we Constitution, and the Father of the Bill of Rights;
as a member of the Continental Congress. pay attention closely, we can hear and read the
County, Virginia, at the family home Madison graduated in 1771 and spent an distinctions. although Madison himself was deferential to the
called Montpelier. He was the eldest of additional year as the college’s first gradu- Madison and the other Founding Fathers
the siblings in his family. Throughout ate student. John Witherspoon emphasized had the unique experience of helping to plan contributions of others. It may safely be said that his
his lifetime, James Madison suffered “Common Sense Philosophy” in his students, a solid foundation of the new nation in its
with and persevered through chron- which would stand Madison in good stead for Constitution and Bill of Rights, and to imple- efforts were critical in helping to shape our nation.
the rest of his life. ment that plan. We who are the beneficiaries
ic health issues. As an adult, he was James Madison possessed many skills and of both the structure of the government and
estimated to be between 5 feet 2, qualities: patriot, politician, statesman, author, the laws which have emanated from that plan
inches, and 5 feet, 4 inches, tall and to activist, chess player (as you brush up on your as amended remind ourselves practically Some References:
weigh between one hundred and one chess skills, you will recall why it is tellingly daily of the rights and responsibilities under
significant that Madison liked to play chess that plan as we go about our day-to-day lives,
hundred and twenty pounds. He was Mary Sarah Bilder, “James Madison, Law
so much), well read in the law (although not including following the news of the day, as Student and Demi-Lawyer.” Law and History
typically well-groomed and preferred a lawyer), an effective listener and note-tak- reported by the press and other media outlets. Review 28, (2010): 389-449
to dress in black. He was described as er, purpose-driven, yet flexible, supporter of The power of discernment is one of the most
being a genius. religious liberty and conscience, legislator, important powers which a citizen can learn. Madison continued on page 22
16 VIRGINIA LAWYER | February 2020 | Vol. 68 | SENIOR LAWYERS CONFERENCE www.vsb.org www.vsb.org SENIOR LAWYERS CONFERENCE | Vol. 68 | February 2020 | VIRGINIA LAWYER 17
ILLUSTRATIONS FOR CLARITY
Using Simple Illustrations for Clarity overhead visual simply to bore you!) I have
found my clients become more involved and
attentive when I begin to visually illustrate
the legal concepts or plea parameters. The use
by Linda L. McCausland
of an illustration is especially important for
the client for whom listening is not the best
learning style for complete understanding. A simple ratio picture. It doesn’t have to be perfect to
Allow me to demonstrate using a plea broken get the point across that there are four pieces. Does your
In detention now into an illustration. client have a range of one year (one piece) or a possible
“The Commonwealth has offered you four years (the entire square colored in).
≤ 21 days between only one year to serve. It is the low end of
the guidelines. The high end is four years.”
This is a vague concept, so to make it con- auditory, visual, kinesthetic, etc. An auditory
crete you draw a circle or a square and cut learner uses information from hearing, so a
it in fourths for the total possible sentence, visual cue may not be as effective. Yet most
Trial or plea
and color in one-fourth to show the amount people use visual cues to understand things
≤ 30 days between if in detention of time offered at the low end. The client has and the illustrations help. Some clients would
seen pizzas, cakes, sandwiches, and such and benefit from kinesthetic, moving or touch,
readily understands a fourth of something. It to understand concepts of quantity, such as
becomes clearer that the offer is only a small clapping three times in contrast to fifteen
Social History
piece of what the client could possibly serve in times for a plea offer. With a little creativity
DJJ Probation the local jail or penitentiary. and practice, your clients may not only better
For juvenile clients, the flow chart be- understand their cases but be more confident
comes an attorney’s friend to clarify how the in your ability to communicate effectively
Post-Dispo Up to 30 days + probation juvenile process will work for them. As soon with them. n
Intensive Probation as I begin to draw something onto the page,
my juvenile clients will lean forward to watch.
I explain each part as I go and illustrate it as
An example of the juvenile process for a client without certification or transfer possibilities. If a certification or transfer is I go. My example isn’t perfect. I’m not trying
part of the client’s future, then I amend the trial box and make a line to connect to the other option of the circuit court to create art, but to express a concept using an
possibilities. illustration.
Endnotes
After I have drawn the diagram, the 1 Ebbinghaus, Herman. (1913). (H. Ruger, & C.
client better understands where they are in Bussenius, Trans.) “‘Memory’: A Contribution to
the process and how long they could possi- Experimental Psychology,” New York, NY: Teachers
College. [Unstructured data may need seven repeti-
Have you ever tried to explain a Many clients don’t have the legal founda- bly be held in the detention home awaiting a tions or more with each repetition contributing less
tion on which you can build concepts. Even trial, plea, or transfer or certification hear- than the previous, commonly called the Rule of 7.]
concept or plea offer to a client who a client who has been in the legal system for ing, and what happens afterwards. Usually, 2 Educators have used the four modalities of learning
simply stares at you blankly or gets years may still not have the understanding during the drawing of the juvenile or circuit for years in an effort to get the information to the
students: visual, auditory, kinesthetic, and tactile
angry at you as if you are talking in a that is required for an appropriate decision court process, the juvenile client calms down learning styles. Many learners are auditory or visual
foreign language? The human brain in his or her case. In the case of the client I and becomes more attentive. A roadmap of learners. By including illustrations, the visual learn-
referenced in the preceding paragraph, I was ers get the clarity that is needed for understanding.
the process shows the destination. The client
can take in information only when the sixth attorney to have one of his cases. is more likely to be willing to discuss what the
the information is understood and a Of course, your client may believe he or she case is about when no longer anxious about
foundation of understanding exists.1 understands the legal concept, when in fact all what is happening to them.
the client may be familiar with is a few words The illustrations or flow-chart can then
Without this understanding, the client you are saying. Imagine someone rattling be given to the client to refer to in the future.
may use the words grammatically cor- out multiple words about a subject you don’t The client may later refer to what was dis-
rectly, but have no idea what concept know anything about, and then saying that cussed, which may help prevent a telephone
if you cannot follow everything to the letter call to you to revisit what was explained. By
you are using. I had a client who could
you will spend the rest of your life in confine- taking a few minutes more with your client, Linda McCausland is an assistant public defender
parrot back the words as if he under- ment? Lots of pressure — don’t you think? you may actually be saving time in the long in the Hampton Roads area whose practice mainly
involves indigent juvenile and domestic cases. Ms.
stood. I listened carefully to discover Confusion leads to the anxiety the clients feel. run. McCausland has worked in this position for almost 14
that he hadn’t a clue, thus showing Your clients can increase their under- Illustrations and flow-charts give the cli- years and has dealt with 3,500 cases. She has spoken
standing of the legal process or plea if you add on the school-to-prison-pipeline on NPR and has
ent information auditorily and visually, which
the skill of listening is essential for an a visual aspect.2 (Even if you thought your increases understanding in the majority of cli-
advocated for using social science in rehabilitation of
juveniles. She is a member of the Board of Governors
effective lawyer. teachers wrote on the blackboard or used an ents. Everyone has a preference for learning: of the Virginia State Bar Senior Lawyers Conference.
18 VIRGINIA LAWYER | February 2020 | Vol. 68 | SENIOR LAWYERS CONFERENCE www.vsb.org www.vsb.org SENIOR LAWYERS CONFERENCE | Vol. 68 | February 2020 | VIRGINIA LAWYER 19ADULT GUARDIANSHIP
Virginia WINGS:
on training and resources created an online
tutorial and a frequently asked questions sheet
for family members and others seeking to be
The Supreme Court of Virginia and Community appointed as guardians and/or conservators.
The committee also revised and updated
Stakeholders Work to Improve Adult Guardianship the standard pamphlet on the duties of the
guardian and conservator that clerks must
provide to those who qualify to serve. These
by Erica F. Wood resources are available on Virginia’s judicial
system website.
Guardianship Monitoring practice has remained uneven and, in some
Unlike other state guardianship systems, cases, can be abusive. Accounts of inappropri-
guardian and conservator reports in the ate, overbroad, or abusive guardianships have
Commonwealth do not go directly to court. appeared in the media in many states.
Instead, guardianship reports are filed with Making lasting changes in guardianship
the local Adult Protective Services (APS) is an uphill battle because practices differ
program, and conservator accountings are markedly by court and by state, cases are
filed with the local commissioner of accounts. complex and often fraught with medical and
The work of the WINGS monitoring commit- ethical issues, and funds and research are
tee has focused on the required annual report scarce. If guardianship is going to change, the
of the guardian — especially the fact that it is court cannot do it alone. It will take ongoing,
a self-report, and there are no “outside eyes” collective efforts by courts and a range of
on the welfare of the incapacitated adult. community stakeholders.
Another problem is that sometimes reports In the past decade, several states have
are not timely filed with APS. Discussion by piloted WINGS with small amounts of federal
the WINGS committee on monitoring has funding. Other states — like Virginia — con-
thus far resulted in 2019 legislation concern- vened WINGS or similar guardianship reform
ing guardians who fail to file their reports to stakeholder groups on their own. WINGS
APS. The new measure authorizes the court is based on a theory of social change called
to issue a summons or rule to show cause “collective impact” — “the commitment of a
following APS notice of delinquency when
In November 2016, Chief Justice What are the Priorities?
the guardian has failed to file the report.
There are many aspects of adult guardianship
Donald Lemons joined a growing practice in Virginia with a critical — and
Where Are the Data?
number of voices in champion- sometimes urgent — need for improvement. Unlike other state guardianship systems, guardian and
Like most other states in the nation, Virginia
ing a step toward statewide adult Virginia WINGS stakeholders have set has had very little available data on adult
preliminary priorities for improvements — conservator reports in the Commonwealth do not go
guardianship reform. He created a guardianship — who is served, who is serving,
an adaptive list to be re-assessed over time. and other information about the case and
Working Interdisciplinary Network of Important issues include a lack of data, in- process. This makes court oversight a chal- directly to court.
Guardianship Stakeholders (WINGS), consistencies in practice throughout the state, lenge. The WINGS data committee reviewed
and the need for regular screening for less re-
convened by the Office of the the court’s statewide case management system
strictive decisional options. They highlighted and suggested changes. Now the system can
Executive Secretary of the Supreme the need for judicial training on guardianship accurately report, for example, the number of
Court of Virginia. ethics, help for family guardians, monitoring guardianship and/or conservatorship filings group of important actors from different sec-
of cases post-adjudication, uneven filing of and appointments. Other changes include tors to a common agenda for solving a specific
The Chief Justice’s opening remarks at the guardian reports, follow-up actions by the the ability to generate reports that will help social problem.” Under the collective impact
first WINGS meeting highlighted the impor- court — and more. All of these reforms face monitor the court’s receipt of the copy of model, “large scale social change comes from
tance of problem-solving mechanisms that obstacles and insufficient resources — yet are the annual guardian report from APS. Such better cross sector coordination rather than
could address challenging issues such as adult key to implementing best practices. The group data can have a significant effect on the court from the isolated intervention of individual
guardianship. The members he had appointed identified three initial objectives and created a process and, ultimately, on the lives of adults organizations.”1
were a diverse group of professionals in the committee to tackle each. subject to guardianship. The American Bar Association
judicial, legal, aging, disability, health care, Commission on Law and Aging, with a grant
and guardianship arenas. They began learning Help for Lay Guardians National Birdseye on Guardianship from the U.S. Administration on Community
from each other right away, as each brought The first objective was to improve and Practices and WINGS Living, funded seven state courts and provid-
different perceptions and pieces of the guard- update training resources for lay guardians Nationally, while adult guardianship laws have ed technical assistance to WINGS nationwide.
ianship puzzle to the table. throughout the state. The WINGS committee changed significantly in the past 30 years, The ABA Commission’s WINGS website gives
20 VIRGINIA LAWYER | February 2020 | Vol. 68 | SENIOR LAWYERS CONFERENCE www.vsb.org www.vsb.org SENIOR LAWYERS CONFERENCE | Vol. 68 | February 2020 | VIRGINIA LAWYER 21ADULT GUARDIANSHIP
a brief overview and contact information for close to 25 cur- implications including the likelihood of a greater number of
rently existing state WINGS or similar groups at http://ambar adults in need of guardianships and/or conservatorships. The
.org/wings. These groups generally have strong court support, Virginia WINGS network will continue to serve as a prob- Nominate an Outstanding Lawyer for the
have identified priorities, and recognize that interdisciplinary
stakeholders must come together in order to create change.
lem-solving mechanism to offer recommendations to enhance
the quality of care and quality of life of adults in, or potentially
Tradition of Excellence Award
in, the guardianship and conservatorship system.” n
Virginia WINGS: An Ongoing Problem-Solving Forum The General Practice Section’s 32nd Annual Tradition of Excellence Award
Virginia WINGS has continued to meet twice a year, coordi- Endnotes
will recognize an outstanding Virginia lawyer who “embodies the highest
nated by Paul DeLosh, director of the Office of the Executive 1 Kania & Kramer, Stanford Social Innovation Review, Winter 2011.
tradition of personal and professional excellence in Virginia, enhances the
Secretary of the Supreme Court of Virginia’s Department of image and esteem of attorneys in the Commonwealth, and has devoted sig-
Judicial Services. The stakeholder group includes judges, clerks nificant amounts of time, efforts, and/or funds to activities that benefit their
of court, attorneys, APS, aging advocacy groups, disability community.”
groups, the statewide public guardianship coordinator, and
representatives of key stakeholder organizations. Nominees must be current members of the Virginia State Bar in good stand-
DeLosh observed: “This broad-based and multidisci- ing who have practiced for a minimum of ten years, five of which must be in
plinary approach provides a network to facilitate the exchange general practice. More information is on the website at http://bit.ly/GP-nom.
of ideas through evaluating practices, recommending stan-
dards and processes, identifying resource issues, and improv- Submit by April 6, 2020, in writing to: 2019 Tradition of Excellence Award
ing public and court education.” He emphasized that anyone Erica F. Wood was assistant director of the American Bar Association
Commission on Law and Aging from 2005 to 2019. Associated with the
VSB General Practice Section Recipient John Randolph Nelson
with comments on how adult guardianship works or should 1111 East Main Street, Suite 700
ABA Commission since 1980, Wood worked on issues concerning adult
work in Virginia is welcome to come to a WINGS meeting. guardianship, health and financial decision-making, legal services delivery, Richmond, Virginia 23219-0026
He underscored the ongoing support of Chief Justice Lemons, dispute resolution, health and long-term care, and access to court. In 2013
or via email at davidson@vsb.org
who said: “Approximately 18 percent of Virginia’s population she received the Isabella Horton Grant Guardianship Award from the
National College of Probate Judges. In 2016 she was appointed by the gov-
will be 65 years of age or older by the year 2030. This aging of ernor to the Virginia Commonwealth Council on Aging. She is a member
the population will have wide-ranging social and economic of Virginia WINGS.
Madison continued from page 17
When you retire, your law degree doesn’t have to.
David O. Stewart, Madison’s Gift: Five Partnerships That Built
Lynne Cheney, James Madison, A Life Reconsidered, New America, New York, Simon & Schuster, 2015
York, Viking Penguin, 2014
“The Life of James Madison,” www.montpelier.org/learn/
Joseph J. Ellis, The American Dialogue: The Founders and Us, the-life-of-james-madison
New York, Knopf, 2018
James Madison, “Writings,” Library Classics of the United
Noah Feldman, The Three Lives of James Madison: Genius, States, Inc., New York, NY, 1999 n
Partisan, Patriot, New York, Random House, 2017
Richard Labunski, James Madison and the Struggle for the Bill
of Rights, New York, Oxford University Press, Inc., 2006
Edward J. Larsen and Michael P. Winship, The Constitutional
Convention: A Narrative History from the Notes of James
Madison, New York, Modern Library, 2005
Michael Meyerson, Liberty’s Blueprint: How Madison Frank Overton Brown Jr. concentrates his practice in the areas of wills,
and Hamilton Wrote the Federalist Papers, Defined the trusts, estate planning, and related tax matters. He is a fellow of both the
Constitution, and Made Democracy Safe for the World, New Virginia Law Foundation and the American College of Trust and Estate
York, Basic Books, 2008 Counsel. He received the VSB Tradition of Excellence Award in 2006. Transition into emeritus status and practice only pro bono.
He has been an adjunct professor of law at University of Richmond Law
School and commissioner in chancery of the Circuit Court of the City of
W.W. Scott, A History of Orange County, Virginia, Richmond, For questions about the program, contact the VSB Pro Bono/Access to Legal Services department at (804) 775-0522.
Richmond. He is co-founder of the University of Richmond Annual Estate
VA, Everett Waddey Co., 1907 Planning Seminar, held annually for the last 48 years. He is the author of To start the application process toward emeritus status, call (804) 775-0530.
the Virginia Probate Handbook, published by Thomson Reuters.
22 VIRGINIA LAWYER | February 2020 | Vol. 68 | SENIOR LAWYERS CONFERENCE www.vsb.org Vol. 68 | February 2020 | VIRGINIA LAWYER 23
www.vsb.orgYou can also read
