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Virginia Lawyer
VOL. 66/NO. 4 • DECEMBER 2017
VIRGINIA LAWYER REGISTER
The Official Publication of the Virginia State Bar
Young Lawyers Conference Continues
to Strive
Slammin’ Ammons’s Softer Side
Atkins Test Withstands Challenges
Virginia Veteran and Attorney Receives
Purple Heart
Second Chances Through Drive-To-Work
Free Legal Answers Milestone
Virginia Lawyer December 2017
The Official Publication of the Virginia State Bar
Volume 66/Number 4
Features Access to Legal Services
GENERAL INTEREST 42 Law Reader Leads Pro Bono
Q&A Site: Williamsburg attorney
Slammin’ Ammons’s Softer Side: Retired Judge Has
20 hits significant milestone on VSB’s
Always Loved Animals Free Legal Answers site
by Deirdre Norman by Jackie Kruszewski
Atkins Test to Exclude Intellectually Disabled from
22 44 Pro Bono Conference and
Execution Withstands Challenges by State Courts Celebration Draws Hundreds to
by The Honorable Joseph A. Migliozzi Jr. and Cara
Sylvester Charlottesville
26 Wounded in Iraq, Virginia Veteran and Attorney
Receives Purple Heart
by Deirdre Norman
28 Lawyers and Legislators Give Second Chances Through Drive-To-Work
by Deirdre Norman
Noteworthy
YOUNG LAWYERS CONFERENCE
VSB NEWS
29 The Young Lawyers Conference is Here for You
by Chris Fortier 46 Highlights of the October 27, 2017,
Virginia State Bar Council Meeting
30 Lawyers and Stress: Small Changes for a Better Life
by Helen Chong, Tammy George, and Brent Mattocks 46 Terry Patrick Recalls
32 We Must Combat Racial Disparity and Create a Laughs and Mishaps in
More Diverse Legal Profession Almost 40 Years at the
by Shemeka Hankins VSB
34 Manners and Messages, E-mail for Young Lawyers 47 In Memoriam
by Benjamin Shute
36 The Future of Student Loans: The Brunner Test in the 21st Century and
The Consumer’s Hunger for Change
by Christina T. Parrish
Departments
40 Tumultuous Time Requires Engagement by Young Lawyers 8 Letters
by Melissa Little 48 Conference of Local and Specialty
Bar Associations
VIRGINIA LAWYER REGISTER 51 CLE Calendar
59 Professional Notices
53 Disciplinary Summaries 55 MCLE Reporting Deadline
54 Disciplinary Proceedings 55 Criminal Law Seminar 62 Classified Ads
55 Ethics Committee Reconsiders 55 Awards 62 Advertiser’s Index
Proposed LEO 1888 55 VSB TECHSHOW
55 LEO 1885 is pending review by the 56 Virginia State Bar Clients’ Protection
Supreme Court of Virginia
55 Clients’ Protection Fund
Fund Board Pays $38,168.33 to
Former Clients
Columns
55 Emeritus Members Allowed to 57 Nominations Sought for Committee 10 President’s Message
Provide Pro Bono Services Vacancies
55 Commission on Lawyer Discipline 12 Executive Director’s Message
57 Nominations Sought for District
Seeks Comments Committee Vacancies 16 Bar Counsel’s Message
55 Eligibility Survey Sent 58 President-elect Heath seeks members 18 Legal Aid
55 Electronic Filing at the Supreme for Virginia State Bar committees
Court with terms commencing July 1, 2018. 50 Law Libraries
Cover: Members of the leadership of the VSB Young Lawyers Conference from left to right: Jasmine R. McKinney, Christopher R. Fortier, Annie Cai Larson, Farnaz F. Thompson,
Kristopher R. McClellan, Jennifer C. Wong, and Brian T. Wesley.
Virginia Lawyer Virginia State Bar
The Official Publication of the Virginia State Bar
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4 VIRGINIA LAWYER | December 2017 | Vol. 66 www.vsb.org
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Letters
professionals to keep our clients ap-
Virginia Lawyer
VOL. 66/NO. 3 • OCTOBER 2017
prised of the evolving science impacting
VIRGINIA LAWYER REGISTER
The Official Publication of the Virginia State Bar policy developments and regulatory is-
sues. As the article explains, these chang-
es impact nearly every aspect of practice,
from in-office protocols and medical
record keeping to limitations upon the
types and duration of medications that
can or should be prescribed. And, while
not specifically addressed in the article,
the new regulations may also create new
Health Law
Taking Aim at Virginia’s Opioid Crisis
continuing education requirements for
through Changes in Public Health Law
False Claims Act Liability certain health professionals.
Exceptions in Healthcare Contracting
Further illustrating how quickly
The Clients’ Protection Fund Steps In
What I learned from Justice Cynthia D.
Kinser About Being a Lawyer
this landscape is changing is the fact
Virginia Merger Statutes
Future-Proofing Your Law Practice
that since the article was published, the
White House has directed the acting
Health and Human Services secretary
On “Taking Aim at Virginia’s to declare the opioid crisis a national
Opioid Crisis through Changes public health emergency. While it is
in Public Health Law” uncertain what legislative changes will
Thank you for the timely article follow, the declaration makes it clear
(Virginia Lawyer, October 2017) on the that the administration intends to bring
Virginia opioid crisis and the combined greater attention to the problem.
efforts of the state health commission- Given these events as well as the
FREE HOUR
er, professional licensing boards and speed at which the opioid epidemic has
the General Assembly to address the emerged, it is important for Virginia
lawyers to stay apprised of these emerg-
opioid issue through heightened public
awareness, new regulations, and laws. ing regulatory developments at both of Legal Research
As a healthcare attorney who regularly the state and federal level. Thus, we For New Clients Only
represents medical professionals — can serve as better advocates for health
including those who prescribe opioid professionals and successfully counsel Use only the free hour, or apply the
pain medication — the article shed clients to ensure that they are in compli- free hour to a larger project.
light on regulations likely to impact my ance in serving and treating the needs of
their patients. Briefs • Trial Memos • Motions
clients and provided helpful insight on
Legal Research
the commonwealth’s initiative to build
awareness and prevention. John C. Ivins Jr. 35 Full-Time Attorneys
The scope of the epidemic and the Hirschler Fleischer 50,500 Attorneys Served
Richmond
speed at which opioid use is expanding 173,500 Cases
requires those of us who advise health
4,907 Virginia Attorneys have used
National Legal
Letters Research Group
CHARLOTTESVILLE, VA
Send your letter to the editor to: hickey@vsb.org or
Virginia State Bar, Virginia Lawyer Magazine, 1111 E Main Ste 700, Call for a free consultation
Richmond VA 23219-0026 1-877-689-6432
Letters published in Virginia Lawyer may be edited for length and clarity and are
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Young lawyers think about Virginia must assist with the increase remaining balance is then calculated
two things: (1) loan debt and (2) in debt and availability of jobs. The as income to the borrower. Thus, for
finding a job to pay that debt off. wellness and future of the practice for that one year you are in a higher tax
The average law school debt is over young lawyers depends on it. bracket and will owe more taxes for
$100,000 and has been increasing for The programs that were available that year. It all depends on the amount
years. Many new lawyers have loan to baby boomers are no longer avail- forgiven. The Consumer Financial
debts that are over $200,000. U.S. News able to millennials. For example, in the Protection Bureau is a great resource
and World Report ranks law schools by past, husband and wife loans could be that provides information and answers
the average debt and the percentage consolidated regardless of origin and regarding loans.
of graduates with that debt. A com- available for forgiveness under various Lately, an influx of lenders will
programs, and loans were easily dis- text, e-mail, advertise and mail various
parison of law school debt with the
charged. Today, you can only con- deals on student loan forgiveness.
availability of jobs in today’s market is
solidate your loans and they are not Borrowers beware; do your research.
shocking.
available for discharge. Additionally, Legal Aid has found that many lenders
I, like most law school gradu-
the government has a variety of and collection tactics were in violation
ates, have significant law school debt.
collection means — without the need of the law, which led to litigation and
The forecast of paying that debt off
of a court order. The government can enforcement actions. Legal Services
is cloudy and with legislation to end
garnish wages and offset tax refunds of Northern Virginia has started a
the Public Service Loan Forgiveness
and benefits. Some states suspend student loan debt project that focuses
Program the outlook has increased to
your driver’s license or professional on student loan litigation. Educational
noxious. When you enter law school
license if you default or are significant- loans were being “wiped away” due to
you believe that you will find a job
ly behind on your loan. Fortunately, various general debt buyer defenses
making at least $100,000. This doesn’t Virginia is not one of those states. In — statute of limitations, etc. Legal Aid
happen. The majority of law school some cases, there are federal programs programs are helping to educate bor-
graduates average a beginning salary available and free money to assist bor- rowers about their options, erase some
significantly less than the expected rowers. There is some help available of the debt, and assist with loan collec-
amount. Statistically the job market for specific public service attorneys. tion practices. As a borrower, you have
has improved. However, I am not sure The Public Loan Forgiveness rights and should know what they are.
if it has improved because the number Programs (PLFP) and various other You can find them in the student loan
of jobs has increased or because the student loan forgiveness programs borrower bill of rights.
number of law school graduates has are obtainable. Consolidation and Virginia has a wide justice gap and
decreased. Young lawyers can’t find income-based repayment programs eight law schools with graduates look-
a job making at least $100,000 or an are available and can reduce the ing for jobs. Many of those graduates
income that allows them to pay the monthly payments with the promise have loans. How can we attack this
minimum monthly payment on their of forgiveness at the end of a specified problem? Some states have programs
loans. Many ask about jobs and how period. The PLFP is a program that that allow graduates to work only on
to go about getting a job that pays forgives the remaining balance of your low-income matters — either civil or
enough to earn a living, support a loan after 10 years or 120 payments.
family, and pay their law school loans. However, the “forgiveness” of the Debt continued on page 19
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Your VSB membership gives you access to free legal
advice on issues ranging from starting a law practice to
Have You Moved? closing a law practice to anything and everything that
To check or change your address of record with the Virginia may trigger a malpractice claim.
State Bar, go to the VSB Member Login at https://member.vsb
.org/vsbportal/.
Go to “Membership Information,” where your current Call (703) 659-6567 for a confidential, free, risk manage-
address of record is listed. To change, go to “Edit Official ment consultation with John J. Brandt, JD, LL.M. all at no
Address of Record,” click the appropriate box, then click
cost to VSB members. Powered by ALPS.
“next.” You can type your new address, phone numbers, and
email address on the form.
Contact the VSB Membership Department (membership@
vsb.org or (804) 775-0530) with questions.Executive Director’s Message
by Karen A. Gould
The Clients’ Protection Fund Assessment
Effective July 1, 2018, the funding mechanism. In 1996, the sion to provide for a CPF fee. The
Supreme Court of Virginia has General Assembly provided statutory 2007 changes to Paragraph 16, Part
reduced the amount active lawyers authority for the CPF and required Six, Section IV of the Rules of Court
are required to pay to the Clients’ the VSB to use its annual budgetary governing the Virginia State Bar read
Protection Fund from $25 to $10. process to appropriate revenue for the as follows:
The CPF assessment, a statuto- CPF. Effective, July 1, 2007, each active
ry requirement, is due to sunset on In 2003, claims paid exceeded member of the Virginia State Bar
June 30, 2020, unless extended by the $200,000 ($244,893) for the first time, shall be assessed a required fee
General Assembly. The VSB is seeking and the claims remained over $200,000 of $25 for the Clients’ Protection
to have the assessment continued until ($227,074 and $280,956) for the next Fund on the bar’s annual dues
July 1, 2023. two years. In 2004 and 2005, the VSB statement. The fee shall be in
The CPF is the last option for had to make large contributions to the addition to each member’s an-
clients who have suffered financial fund — $500,000 and $250,000. nual dues as presented in Part 6,
losses from the dishonest conduct of Section IV, Paragraph 11 of these
Virginia lawyers whose licenses have Actuarial Study rules, and it shall be paid on or
been suspended or revoked. Claimants A 2005 actuarial study recommended before the 31st day of July each
must have exhausted all other possible the CPF reach a corpus of $9 million fiscal year. All monies collected
avenues of recovery before seeking re- to provide interest earnings sufficient under this Paragraph 16 shall be
imbursement from the CPF. The fund to satisfy projected future claims. The accounted for and paid into the
is a critical component of self-regu- study opined that with an annual State Treasury of Virginia and
lation. Every state has the equivalent assessment of $25 per year, the CPF transferred by the bar from the
of a Clients’ Protection Fund. It is would reach $9 million by 2015. Treasury to the Clients’ Protection
important for Virginia’s CPF to be ad- Following up on the recommen- Fund. The bar shall report annu-
equately funded to meet the needs of dation of the 2005 actuarial study, the ally on or about January 15 to the
future claims arising from defalcation. VSB decided in 2006 to seek a special Supreme Court of Virginia on the
Continuation of the assessment will annual assessment payable by each financial condition of the Clients’
ensure that this will happen. active member of the VSB. An annual Protection Fund, and the assess-
For the first 20 years of the fund’s assessment would provide consis- ment will be reduced or discon-
existence, the VSB transferred money tent and independent funding. Such tinued whenever directed by the
from its operating budget to the CPF funding would help the CPF grow to a Court.
or made loans, later forgiven, with the sustainable level and enable payment
express purpose of accruing interest of most claims in full. The Council In 2010 and 2012, due to large
income to capitalize the CPF. The and Supreme Court approved seeking defalcations by attorneys Stephen
contributions to the CPF were in- a proposed amendment to Va. Code Conrad and Troy Titus, the fund paid
consistent and dependent on the VSB § 54.1-3913.1 to permit the Supreme out $900,560 and $648,902 respective-
year-end financial position. In 1995, Court to adopt rules and regulations ly. Even with the assessment, the VSB
the Joint Legislative and Audit Review providing for a special assessment up had to transfer $100,000 to the CPF in
Commission (JLARC) recommended to $25 for the Clients’ Protection Fund. 2012.
that the General Assembly consider The General Assembly passed the
statutory authorization to maintain proposed change to the statute, and
and finance the CPF through a specific the Court amended the dues provi- CPF continued on page 14
12 VIRGINIA LAWYER | December 2017 | Vol. 66 www.vsb.orgSecurity Clearance
Lawyers
McAdoo Gordon &
Associates, P.C.
202-293-0534
www.mcadoolaw.com
www.casefinder.com 800.457.6045
Let’s Build Your Practice
Together.
We take the calls, and you take it from there.
www.vsb.org/vlrsExecutive Director’s Message
CPF continued from page 12 Assessment Extended vigorous effort is necessary to ensure
In 2014, at the request of the VSB, the that the public is aware of the existence
General Assembly extended the assess- of the fund and those who should bene-
In 2011, the VSB payee notification task ment from 2015 to 2020. fit from the fund have access to it.
force recommended strengthening the On September 28, 2017, the The Virginia State Bar received
CPF by raising limits from $50,000 to Supreme Court of Virginia amended permission from its governing body,
$100,000 per claimant and increasing Paragraph 16 of Part Six, Section IV Council, at its October 27, 2017,
maximum payments for each defal- of the Rules of Court governing the meeting to proceed with asking the
cating attorney from 10 percent to 15 Virginia State Bar, reducing the amount General Assembly to amend Va. Code §
percent of the net worth of the CPF. Virginia’s active lawyers are required to 54.1-3913.1 to provide for a three-year
In 2013, a second actuarial study pay to the Clients’ Protection Fund from extension beyond 2020. The Supreme
analyzed the effect of the increase on $25 to $10, effective July 1, 2018. As of Court of Virginia must also approve
limits and recommended continuation September 30, 2017, the fund has grown such a legislative endeavor.
of the assessment. As of FY 2014, the to approximately $9.7 million. For over 40 years, the VSB Clients’
CPF had not achieved the $9 million With approximately 31,000 active Protection Fund has compensated
benchmark; the balance was slightly less members, the $10 assessment plus clients who have suffered financial losses
than $7 million, and the average yield interest income will sustain payments resulting from the dishonest conduct
on the conservative investments per- of $330,000 per year, which should be of Virginia lawyers whose licenses have
mitted the CPF (certificates of deposit, adequate to cover the average per year of been suspended or revoked. The fund is
US governmental securities, and federal claims approved over the last five years. a critical component of self-regulation.
agency securities) was lower than the The corpus of the fund will be available Should you have any questions
investment yield that formed the basis to cover any extraordinary needs in the regarding the Clients’ Protection Fund
of the 2005 actuarial projections. event of a large-scale defalcation. The or continuation of the assessment, feel
CPF Board has determined that a more free to contact me at gould@vsb.org.
Fee Dispute Resolution Program
Confidential help for substance abuse
problems and mental health issues.
Now that your work is done, do you find yourself in a dispute with
your client over fees and costs? The Virginia State Bar offers another
For more information, call our way to settle those disputes, without resorting to costly litigation.
toll free number: The Special Committee on the Resolution of Fee Disputes oversees the Fee Dispute
Resolution Program to provide an avenue, other than litigation, for the expeditious
and satisfactory resolution of fee disputes between attorneys and their clients
(877) LHL-INVA through mediation and uniform arbitration proceedings and works to foster trust
or visit and communication among attorneys and clients.
http://www.valhl.org. For information on the program, go to our website at
www.vsb.org/site/about/resolution-of-fee-disputes.
14 VIRGINIA LAWYER | December 2017 | Vol. 66 www.vsb.orgLeroy Rountree Hassell, Sr.
Indigent Criminal Defense
Advanced Skills for the Experienced Practitioner
Save The Date: Note:
May 3, 2018 This Year on
Thursday
The Chief Justice and Justices of the Supreme Court of Virginia
the Members of the Chief Justice’s
Indigent Defense Training Initiative
and the Virginia State Bar
Invite All Public Defenders and Court Appointed Counsel
Who Have Been Certified by the Virginia Indigent Defense
Commission To Represent Indigent Criminal Defendants
To Mark Their Calendars For
A Day-Long Advanced Trial Skills CLE
Richmond Convention Center
(Live Program)
Blue Ridge Community College, Weyers Cave
(Webcast)
and
Wytheville Meeting Center, Wytheville
(Webcast)
Registration information and details will be available in early January
at http://www.vsb.org/special-events/indigent-defense.Bar Counsel’s Message
by Edward L. Davis
Lawyer Well-Being and Proactive
Regulation
On August 14, 2017, the National well-being information by disciplinary To the contrary, its staff will address
Task Force on Lawyer Well-Being issued authorities with lawyer assistance pro- a range of mental health issues such
a report recommending significant grams. Doing so would allow the bar as depression, age-related cognitive
changes to the philosophy behind law- to ask, for example, Lawyers Helping decline, and many other problem areas
yer regulation. The task force, consist- Lawyers to reach out to an attorney that affect lawyers. Its staff will assess
ing of entities within and outside the who appears to be suffering from a sub- a lawyer’s needs and, depending upon
American Bar Association, concluded stance abuse or mental health disorder. what it determines, provide interven-
that regulators, through their actions, The idea is to facilitate help for lawyers tion, peer support, and referral to other
should meaningfully communicate that who may be suffering from such disor- sources, such as a therapist, rehabilita-
lawyer well-being is a priority. In other ders promptly rather than waiting for tion program, Alcoholics Anonymous,
words, to be a good lawyer, one has to the conclusion of a disciplinary investi- Narcotics Anonymous, or Gamblers
be a healthy lawyer, and disciplinary gation. Doing so could prevent further Anonymous, for example. Our observa-
authorities should adopt regulatory ob- misconduct by affected attorneys in tions indicate a prevalence of substance
jectives that place a priority on lawyer addition to improving their well-being. abuse, depression, and cognitive decline
well-being rather than discipline only. Unfortunately, confidentiality rules among lawyers, and one cannot over
In working thousands of lawyer do not allow for this kind of proactive emphasize the importance of these
disciplinary actions over the years, it intervention by the bar at this time. lawyer assistance programs.
has become apparent that substance Lawyers Helping Lawyers and
abuse, stress, and depression, among other lawyer assistance programs, Alternatives Work
other disorders, frequently go hand-in- such as the Virginia Bar Association’s With respect to lawyer discipline, other
hand with attorney misconduct, such Committee on Substance abuse, pro- states have found that alternatives to
as inattention, neglect of clients, and vide an invaluable service to lawyers discipline, such as education, finan-
misappropriation of client property. without risk of repercussion from cial monitoring, and objective testing,
Under current rules, the bar can refer disciplinary authorities. Comment 5 are working very well. The Colorado
affected attorneys to lawyer assistance to Rule 8.3 of the Rules of Professional Bar describes it as a culture shift from
programs as a condition of discipline Conduct (RPC) provides that the duty discipline to helping lawyers do better.
after there has been an adjudication to report attorney misconduct does not It reports that when its regulators
of misconduct. There is no authority, apply to information about a lawyer or address misconduct with alterna-
however, for the bar to refer confiden- judge’s misconduct or fitness received tives to discipline, those lawyers do
tial complaint information to lawyer by a lawyer in the course of participa- not tend to reappear in the discipline
assistance programs ahead of time in an tion in an approved lawyer assistance system. Proactive Management Based
attempt to intervene and prevent attor- program. The comments to RPC 8.3, Regulation (PMBR) is a term used to
ney misconduct. Pertinent rules provide which carry the weight of law, provide describe approaches and programs
that complaints and investigations are that such information is protected to that try to prevent lawyer problems
confidential and shall not be disclosed, the same extent as lawyer confidences from occurring, rather than addressing
with limited exceptions. and secrets. alleged misconduct after it occurs, and
Lawyers Helping Lawyers is after complaints are filed. Most if not all
Modifications Recommended well-equipped to identify and address jurisdictions use at least some proactive
The Lawyer Well-Being Report recom- the maladies that may affect lawyers. regulation tools. The Virginia State Bar,
mends the modification of such rules to A common misconception is that it
allow for the one-way sharing of lawyer addresses substance abuse issues only. Well-Being continued on page 19
16 VIRGINIA LAWYER | December 2017 | Vol. 66 www.vsb.orgCALL FOR NOMINATIONS
Tradition of Excellence Award
The Virginia State Bar General Practice Section annually recognizes an outstanding lawyer who embodies the highest
tradition of personal and professional excellence in Virginia. This special award recognizes attorneys who have devoted
significant amounts of time, efforts, and/or funds to activities that benefit their community and help enhance the
image and esteem of general practice attorneys in the Commonwealth. All candidates must be current members of the
VSB in good standing, with a minimum of ten years of law practice, at least five of which must have been as a general
practitioner.
Announcement
The General Practice Section of the Virginia State Bar is seeking nominations for its 31st Annual Tradition of
Excellence Award, which will be presented at the Virginia State Bar Annual Meeting in Virginia Beach on Saturday
morning, June 16, 2018.
This award recognizes an outstanding lawyer who embodies the highest tradition of personal and professional
excellence in Virginia and, in doing so, enhances the image and esteem of attorneys in the Commonwealth.
General Qualifications
To qualify, nominees must be current members of the Virginia State Bar in good standing who have practiced for a
minimum of ten years, five of which must be in general practice. Nominees also should have achieved both personal
and professional distinction in their community.
Nominations
Nominations must be submitted in writing to
VSB General Practice Section, c/o Paulette Davidson
1111 East Main Street, Suite 700
Richmond, Virginia 23219-0026
and include the following information:
1. Name, age, and address of nominee;
2. Brief biographical information and photograph;
3. Firm or employment affiliation for past ten years or more;
4. Bar memberships;
5. Courts where admitted to practice;
6. Details of significant community activities and/or contributions;
7. Details of significant activities and/or contributions that have helped to enhance the image and esteem of general
practice attorneys in the Commonwealth;
8. A brief statement explaining why the nominee should be awarded the Tradition of Excellence Award; and
9. Any other information that may be of assistance to the selection committee.
Nominees may also be interviewed by the selection committee or a representative of the committee at any time
after submission of the nomination.
Deadline
The General Practice Section must receive your nomination by close of business on Monday, March 19, 2018.
Notification of Winner
The recipient of this year’s Tradition of Excellence Award will be determined on or before Monday, April 2, 2018.
The recipient will be invited to be the honored guest of the General Practice Section at the VSB Annual Meeting.
See a list of past recipients online at www.vsb.org/site/sections/generalpractice/tradition-of-excellence-award.
For more information, contact Paulette Davidson at the Virginia State Bar at (804) 775-0521 or davidson@vsb.orgLegal Aid
by Raymond A. Hartz
To Right Wrong, to Do Justice, to
Serve Humanity
It is a cold December Saturday long for John, and all his worldly As a law firm, we assist individ-
morning, the sun just rising over a possessions, to make it to that Walmart uals to secure some of the most basic
mostly empty Walmart parking lot parking lot. necessities of life: to be free from
with about twenty cars scattered in a Our attorney put John in touch domestic violence; to live in a safe and
section far from the store’s entrance. A with the emergency winter shelter so affordable home; to raise their families
dozen members of a local church gath- John could sleep inside. She represent- and have their children receive a
er behind a van, organizing donated ed him before the Division of Child meaningful education; to not be cheat-
food and water to give to the homeless Support Enforcement while she also ed by consumer fraud; and to get the
people living in those cars. Two attor- worked with John to help him apply public benefits they need to survive.
neys from Legal Aid Society of Eastern for permanent housing through the We give advice, negotiate legal prob-
Virginia (LASEV) are also there. Our Community Services Board. By March, lems, and represent people in court
firm provides help to those too poor to John was in his own apartment, and before agencies.
afford an attorney. The church mem- receiving mental health counseling, Legal Services has been here to
bers are there to offer food and com- and volunteering with a local agency level the playing field for the poor of
passion to those in need; the attorneys assisting the homeless. Hampton Roads for more than fifty
are there to offer a chance for fairness John’s disability check had been years. We serve more than 200,000
and justice to those from whom it has reduced because he owed past-due people living in poverty in our
been denied. child support. His youngest son was region, with twenty-three attorneys
John was in his fifties and had now in his twenties and John had paid working out of five offices, located
been living in his truck since May. support each month, but had fallen in Williamsburg, Hampton, Norfolk,
With an infectious smile, he talked behind. Our attorney discovered the Virginia Beach, and on the Eastern
about how the cold, late fall nights child support agency had seriously Shore.
were making it especially hard for him miscalculated the amount John owed. Being poor means more than just
to sleep — despite being wrapped in She successfully had the amount not having as much money as other
sleeping bags and blankets — and how reduced from $11,000 to less than people.
stiff his back and legs were by morn- $3,000. The deduction taken from his Poverty creates roadblocks that
ing. John had once been considered disability benefit was also greatly re- those of us not in poverty can hardly
successful. He had a family, owned duced so he could again afford to pay imagine. Surviving itself can seem like
his home and worked as an engineer. rent. a full-time job, especially for those
But he suffered from depression for facing other hurdles such as being the
which he never got help. He lost first Fair Treatment victim of abuse, being homeless, or
one family, and then another. Multiple What our clients want, more than suffering from mental illness. LASEV
jobs did not work out. Finally, a series anything else, is simply to be treated attorneys go out into the community
of strokes left him unable to work at fairly. LASEV exists to pursue justice to meet clients where they are and to
all. He was getting by on the little over for those who would otherwise not make ourselves accessible to the people
$1,200 per month he received in Social have an attorney. We provide free legal who need us most. We conduct regular
Security disability benefits, until his assistance in civil matters for people in intake at domestic violence and home-
disability check was suddenly reduced poverty, and last year our work helped
to little more than $400. It didn’t take more than 15,000 people. LASEV continued on page 19
18 VIRGINIA LAWYER | December 2017 | Vol. 66 www.vsb.orgLASEV continued from page 18 ties (71 percent). Last year, we served to people in poverty, we get to know
just under 400 veterans. the community. We understand their
less shelters, at soup kitchens and food Funding remains a challenge. needs, and the evolving threats and
pantries, at senior and community In recent years, our state and federal challenges they face. And they develop
centers, and in city parks and Walmart funding has been slashed dramatical- trust in our familiar faces over time.
ly, but the demand for our services Only in this way can we carry out our
parking lots.
has increased. Decreased funding has mission: to right wrong, do justice, and
We are here for all members of
meant a reduction in our number of serve humanity.
the low-income community, but our attorneys by 20 percent.
clients are mostly women (79 percent), By being there month after Raymond A. Hartz is executive director of the
and mostly members of racial minori- month, year after year, reaching out Legal Aid Society of Eastern Virginia Inc.
Well-Being continued from page 16 fession’s perception of regulators from on Lawyer Discipline and other com-
police to partner.” In doing so, it offers mittees of the Virginia State Bar are
for example, has several, such as the several recommendations to ensure studying the report and its recommen-
Ethics Hotline, Mandatory Continuing that the regulatory process “proactively” dations in the hope that we can affect
Legal Education, non-disciplinary reso- fosters a healthy legal community and positive change, and reduce the anxiety
lution of minor misconduct cases, and provides resources to rehabilitate im- and distrust that may accompany
the Professionalism Course. paired lawyers. As the report indicates, interactions with regulators. We will see
The Lawyer Well-Being Report discipline alone does not make an ill what the future holds.
encourages us to “Transform the pro- lawyer well. The Standing Committee
Debt continued from page 10 the justice gap, lawyers in government moved and worked there for a period
and legal aid, public defenders, and of time, but not your legal educational
criminal — and they receive a stipend lawyers who provide legal services in loans.
plus loan repayment assistance. The rural areas. A program that provides We can better the profession,
University of Virginia Law School attorneys with jobs plus loan forgive- schools, attorneys, citizens, and the
has one of the best loan repayment ness and provides citizens of Virginia courts by creating a way to assist with
programs in the country, the Virginia with representation in critical times of school loan debt and the need for legal
Loan Forgiveness Program, but you need will improve our legal system and services. All attorneys, legal employ-
must be a UVA Law School graduate the commonwealth as a whole. Overall, ers, bar associations, and courts have
to use it. It pays 100 percent of your I believe there are more attorneys will- realized the need for pro bono and the
law school loan if you earn less than ing to do pro bono work or work in crippling effects of school debt. We
$55,000 annually and work in a public the public sector if they did not have must create a program that provides
service position. Can this idea work to worry about loans. relief and forgiveness of both.
for the State of Virginia too? Yes. A Legal educational loans should
program should be started to assist the be similar and forgiven at the same
million plus Virginians that qualify for rate and under the same conditions as
legal aid and to help pay the million medical educational loans. Right now
plus owed in legal educational loan this is rare in the legal job market. Yet,
debt. I would like to see the common- it is the norm in the medical job mar-
wealth do this for all lawyers who ket. For example, Alaska will forgive
provide pro bono services to help close your medical educational loans if you
www.vsb.org Vol. 66 | December 2017 | VIRGINIA LAWYER 19Judge Ammons with members of a police escort on his last day as a judge.
Slammin’ Ammons’s Softer Side:
Retired Judge Has Always Loved Animals
by Deirdre Norman
If a man aspires towards a righteous In 1989, Ammons sentenced a man to jail
life, his first act of abstinence is from for beating a kitten to death in his front yard –
a case that made national news because many
injury to animals. at the time thought two weekends in jail was
— Albert Einstein
too harsh a punishment.
Ammons says that wasn’t even the stiffest
On November 8, the Norfolk SPCA presented
its first Thomas M. Ammons III Awards for animal cruelty sentence he handed down: “I
Animal Welfare to five animal welfare advo- gave a guy a year in jail once for starving a dog
Judge Ammons rides Buddy to his last day
on the bench. cates in Hampton Roads. The award is named to death in his apartment.
for the retired Virginia Beach judge who “It used to be that animals were consid-
earned the nickname “Slammin’ Ammons” for ered property and you could do what you
being hard on traffic violators and harder on wanted with them. Fortunately, that’s no
people who mistreated animals. longer the case.”
20 VIRGINIA LAWYER | December 2017 | Vol. 66 | GENERAL INTEREST FEATURES www.vsb.orgGENERAL INTEREST
In fact, lawyers across the United States
have taken an increasing interest in animal
law. According to the Animal Legal Defense
Fund, there were only nine law schools with
classes in animal law in 2000. By 2015, that
number had swelled to 151.
At the University of Virginia Law School,
Ammons’s alma mater, Bob Barker of The
Price Is Right gave $1 million in 2009 to
establish an animal law program. And in 2015,
Attorney General Mark Herring created the
nation’s first Attorney General’s Animal Law
unit to assist law enforcement professionals
with animal welfare cases and with stopping
animal fighting and animal abuse.
According to Rob Blizard, executive di-
rector of the Norfolk SPCA, five of the organi-
zation’s fifteen board members are attorneys.
Judge Ammons with Ranger.
“It’s not surprising. Law can do good for the City Council also makes an effort to mention
world around us,” Blizard says. Jack’s name in every meeting — often starting
When asked why he thinks lawyers are the meeting with “How is Jack doing?” or
drawn to animal causes, Ammons says, “I’m “How old is Jack now?” after Jack agreed to
not trying to boast about lawyers, but I think give $100 to the shelter every time his name is
the only trait that all lawyers share is intel- mentioned.
ligence. And intelligent people are drawn Ammons says wryly, “Jack also agreed to
to helping animals. Many lawyers are also donate $200 every time they show his photo
inclined to public service, and our careers give at a county commission meeting, but Jack is
us a strong pro bono streak.” struggling now to keep up.”
Ammons began volunteering at the The Norfolk SPCA recently celebrated its
Virginia Beach SPCA in 1988, and in 1989 he 125th anniversary at an event where AG Mark
left behind a real estate practice to become a Herring also received an award for his con-
general district judge. “I never lost my ability tribution to animal welfare, and continues to
to be shocked by what some people would work daily to help the underserved people of
do,” Ammons says of his years as a judge. Norfolk and their animals while using no tax-
Ammons retired from the bench in 2005, and payer funds. Virginia lawyer board members
was featured in the Washington Post after he of the Norfolk SPCA include President Steve
decided to go to court on his last day at work Brinker of Crenshaw, Ware & Martin; Vice
wearing a duster coat and a cowboy hat while President Delphine Carnes, also of Crenshaw,
riding his beloved black and white retired ro- Ware & Martin; Grant Kidner of Norfolk
deo horse, Buddy, alongside a mounted police Southern; Ray King of LeClairRyan; and
escort. “Six of us rode,” Ammons recalls. “I Beverlee Richter Tiger of Zubie Development.
wish I had done it every day.” Ms. Tiger is also a recipient of the
Today Ammons still wears a bracelet inaugural Ammons Award for her work on
made from Buddy’s tail hair that he never a three-year project that endeavored to care
takes off. He lives with a purebred yellow for and ultimately find homes for a colony of
Lab named Ranger, who was given to him unowned cats in a local industrial park. She
by a neighbor who could no longer care for says of the reasons lawyers are often drawn
the dog, and a somewhat famous shelter dog to helping animals, “I do think people who
named Jack. display a tough side in their work have a softer
Jack was adopted from an Edenton, side toward animals because animals are
North Carolina, shelter and has become a defenseless.”
philanthropist in his own right — donating Ammons concurs. “Animals teach us
a playground for dogs and 29 dog beds to his about love,” he says. “We have a symbiotic
former shelter over the years. The Edenton relationship with them.”
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