he richmondt bar · he richmondt bar volume 26, number 3 a newsletter for members of the bar...

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TheRichmondBar A newsletter for members of The Bar Association of the City of Richmond Volume 26, Number 3 October 2017 Mark L. Early, former Attorney General of Virginia, to speak at Association’s October luncheon Mark L. Earley, former Attorney General of Virginia, will be the featured speaker at the Richmond Bar’s luncheon on Thursday, October 19, 2017. The luncheon will be held at the Omni Hotel beginning at 12:30 p.m. Reservations may be made by return- ing the enclosed flier or by calling the Bar office at 780-0700. Additionally, you may make a reservation by visiting https://www. richmondbar.org/luncheons/. The deadline for reservations is 12:00 noon on Monday, October 16th. Cost to attend is $32.00 for RBA members and $37 for guests. If you require a vegetarian meal or have a dietary restriction, please inform us at the time you make the reservation. A graduate of William & Mary Law School, Mark L. Earley has practiced law in the state of Virginia for over 30 years. In 1988, he was elected to the Virginia State Senate where he served for 10 years before his election as Attorney General of Virginia in 1998. In 2001, he resigned as Attorney General to run a close but unsuccessful cam- paign for Governor of Virginia. Currently a Mark L. Earley Annual Bench-Bar Conference set for October 19th The twenty-sixth annual Bench-Bar Conference will take place at the Omni Richmond Hotel on Thursday, October 19, 2017. Registration begins at 8:00 a.m. with the first break-outs commencing at 9:00 a.m. The program is sponsored jointly by the Rich- mond Bar, the Chesterfield Bar, the Hanover Bar, the Henrico Bar, the Hill-Tucker Bar, the Metropolitan Richmond Women’s Bar, the Greater Richmond Criminal Bar and the Metropolitan Richmond Family Law Bar. Breakout topics include post judgement, using the jury selection process to your advantage, problems that arise in spousal support cases, consideration and issues in jury research, how to effectively address bond and how to improve civility in a domestic rela- tions case. Conference registration includes admission to the RBA luncheon. Lawyers attending the entire conference will earn 3 hours of MCLE credit. A complete schedule and registration form can be found beginning on page 8 of this newsletter or on the RBA website at https://www.richmond- bar.org/bench-bar-conference-2017/. criminal defense attorney in Leesburg, Mr. Earley served as President and CEO of Prison Fellowship, the world’s largest outreach to prisoners and their families. Solo and small firm practi- tioners – register today for a special ethics CLE pro- gram on Tuesday, October 10th at 4:00 p.m. designed especially for you! As a bonus, the program will be followed by a reception. See page 4 for more details. In March 2007, Brian W. Stolarz worked for a high-powered firm in Washington, D.C. when he took on a pro bono capital case in Houston, Texas. This was a high-profile murder of a police officer, but within a few moments of meeting him Brian knew “…Alfred Dewayne Brown was stone-cold innocent….” Eight years and three months later Dewayne walked out of prison a free man. It’s a story about the death penalty, decency, forgiveness, faith, and perseverance, and the emotional impact on a dedicated lawyer, and highlights why pro bono cases are such an important part of guaranteeing access to justice. Space is limited so register today for the next program in the Association’s “Private Con- versation Series” on Thursday, November 2nd from 5:30 – 7:00 p.m. Joining Mr. Stolarz, who is now a partner at LeClairRyan, will be Michael N. Herring, Commonwealth Attorney for the City of Richmond and moderator Stephen A. Northup of Troutman Sanders. This interactive program will explore the challenges of implementing Virginia’s death penalty in the 21st century. See page 2 for more details on the event. Death penalty is the focus of Bar’s next Private Conversation Series Event

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Page 1: he RichmondT Bar · he RichmondT Bar Volume 26, Number 3 A newsletter for members of The Bar Association of the City of Richmond October 2017 Mark L. Early, former Attorney General

The Richmond BarA newsletter for members of The Bar Association of the City of RichmondVolume 26, Number 3 October 2017

Mark L. Early, former Attorney General of Virginia, to speak at Association’s October luncheon

Mark L. Earley, former Attorney General of Virginia, will be the featured speaker at the Richmond Bar’s luncheon on Thursday, October 19, 2017. The luncheon will be held at the Omni Hotel beginning at 12:30 p.m. Reservations may be made by return-ing the enclosed flier or by calling the Bar office at 780-0700. Additionally, you may make a reservation by visiting https://www.richmondbar.org/luncheons/. The deadline for reservations is 12:00 noon on Monday, October 16th. Cost to attend is $32.00 for RBA members and $37 for guests. If you require a vegetarian meal or have a dietary restriction, please inform us at the time you make the reservation.

A graduate of William & Mary Law School, Mark L. Earley has practiced law in the state of Virginia for over 30 years. In 1988, he was elected to the Virginia State Senate where he served for 10 years before his election as Attorney General of Virginia in 1998. In 2001, he resigned as Attorney General to run a close but unsuccessful cam-paign for Governor of Virginia. Currently a

Mark L. Earley

Annual Bench-Bar Conference set for October 19th

The twenty-sixth annual Bench-Bar Conference will take place at the Omni Richmond Hotel on Thursday, October 19, 2017. Registration begins at 8:00 a.m. with the first break-outs commencing at 9:00 a.m. The program is sponsored jointly by the Rich-mond Bar, the Chesterfield Bar, the Hanover Bar, the Henrico Bar, the Hill-Tucker Bar, the Metropolitan Richmond Women’s Bar, the Greater Richmond Criminal Bar and the Metropolitan Richmond Family Law Bar. Breakout topics include post judgement, using the jury selection process to your advantage, problems that arise in spousal support cases, consideration and issues in jury research, how to effectively address bond and how to improve civility in a domestic rela-tions case. Conference registration includes admission to the RBA luncheon.

Lawyers attending the entire conference will earn 3 hours of MCLE credit. A complete schedule and registration form can be found beginning on page 8 of this newsletter or on the RBA website at https://www.richmond-bar.org/bench-bar-conference-2017/.

criminal defense attorney in Leesburg, Mr. Earley served as President and CEO of Prison Fellowship, the world’s largest outreach to prisoners and their families.

Solo and small firm practi-tioners – register today for a special ethics CLE pro-gram on Tuesday, October 10th at 4:00 p.m. designed especially for you! As a bonus, the program will be followed by a reception. See page 4 for more details.

In March 2007, Brian W. Stolarz worked for a high-powered firm in Washington, D.C. when he took on a pro bono capital case in Houston, Texas. This was a high-profile murder of a police officer, but within a few moments of meeting him Brian knew “…Alfred Dewayne Brown was stone-cold innocent….” Eight years and three months later Dewayne walked out of prison a free man. It’s a story about the death penalty, decency, forgiveness, faith, and perseverance, and the emotional impact on a dedicated lawyer, and highlights why pro bono cases are such an important part of guaranteeing access to justice.

Space is limited so register today for the next program in the Association’s “Private Con-versation Series” on Thursday, November 2nd from 5:30 – 7:00 p.m. Joining Mr. Stolarz, who is now a partner at LeClairRyan, will be Michael N. Herring, Commonwealth Attorney for the City of Richmond and moderator Stephen A. Northup of Troutman Sanders. This interactive program will explore the challenges of implementing Virginia’s death penalty in the 21st century. See page 2 for more details on the event.

Death penalty is the focus of Bar’s next Private Conversation Series Event

Page 2: he RichmondT Bar · he RichmondT Bar Volume 26, Number 3 A newsletter for members of The Bar Association of the City of Richmond October 2017 Mark L. Early, former Attorney General

Page 3

If you’ve recently landed a new job or promotion, share the good news with the Rich-mond Bar. Include your full name, your company’s name and location, your new title and your areas of concentration in your letter, press release, fax or e-mail. Announcements can be e-mailed to [email protected] or mailed to Brittany Lamb, at P.O. Box 1213, Richmond, VA 23218.

Share the news

KVCF Solutions, a government relations subsidiary of the Richmond law firm of Kaplan Voekler Cunningham & Frank PLC., announces the hiring of J. Lynwood Butner as Senior Consultant. Mr. Butner will lead KVCF Solutions’ new transportation industry initiative offering comprehensive legislative and regulatory consulting services.

Additionally, KVCF Solutions has promoted James Hoffman to Associate Consul-tant. Mr. Hoffman joined KVCF Solutions in January 2017 and concentrates on business development while continuing to serve existing clients on legislative and strategic matters.

THE BAR ASSOCIATIONOF THE CITY OF RICHMOND

The views expressed in The Richmond Bar do not represent the policy or carry the endorsement of the Association unless specifically noted.

Edited by Brittany R. Lamb

Office AddressEighth and Main Building707 East Main Street, Suite 1620Richmond, Virginia 23219

Mailing AddressP.O. Box 1213Richmond, Virginia 23218-1213

www.richmondbar.org

Phone: (804) 780-0700Fax: (804) 648-7118

OfficersDouglas D. Callaway, PresidentTerrence L. Graves, President-ElectHon. Barbara J. Gaden, Honorary Vice PresidentDaniel E. Lynch, Vice PresidentT. O’Connor Johnson, Secretary-TreasurerVernon E. Inge, Jr. Immediate Past President

Directors John A. Anderson, 2014-2018 Tara L. Casey, 2014-2018 Paul D. Hux, 2014-2018 R. Braxton, Hill IV, 2015-2019 Robert F. Moorman, 2015-2019 Robert S. Westermann, 2015-2019 Julie M. Cillo, 2016-2020 Melanie A. Friend, 2016-2020 Charles G. Meyer III, 2016-2020 Douglas R. Burtch, 2017-2021 Annemarie D. Cleary, 2017-2021 Deanna H. Hathaway, 2017-2021 Michael T. Freeman, Bankruptcy Section

Sean P. Ducharme, Business Law SectionAnne-Marie M. Anderson, Corporate Counsel SectionRussell F. Deppe, Environmental & Energy Law SectionHenry I. Willett III, Litigation SectionMark H. Miller, Real Estate SectionJeremy S. Williams, Young Lawyers SectionEric M. Page, Virginia State Bar Council Representative

Staff

Lelia N. Martin, Executive DirectorSharon R. Potter, Membership DirectorBrittany R. Lamb, Communications/Marketing Manager

Join us for the next program in the Association’s

“Private Conversation Series”

The Challenges of Implementing Virginia’s Death Penalty in the 21st Century

The death penalty and its role in the criminal justice system has always been a controversial topic. With public opinions changing and numerous legal challenges to its implementation, the panel

will address the future of the death penalty. The panel will discuss recent Virginia executions and the issues they raised as well as the emotional journey that comes with representing a client on

death row.

Speakers:

Brian W. Stolarz, LeClairRyan, P.C. and counsel to Alfred Dewayne Brown, Texas Death Row Exoneree

Michael N. Herring, Commonwealth’s Attorney for the City of Richmond

Moderator:

Stephen A. Northup,Troutman Sanders, LLP

Thursday, November 2, 2017 from 5:30 - 7:00 p.m.

Troutman Sanders, LLP1001 Haxall Point, Richmond, VA 23219

Cost to attend is $10

Beer, wine, sodas and light hors d’oeuvres will be provided.Attendance is limited to the first 50 registrants on a first-come,

first-served basis.

Reservations may be made by visitinghttps://www.richmondbar.org/private-conversation-series/

or by calling 780-0700.

The Association appreciates the generosity of Troutman Sanders for hosting the event.

Luncheon Registration FormPlease reserve a place for me at the Thursday, October 19, 2017 luncheon which will be held at the Omni Richmond Hotel at 12:30 p.m.Name (please print): _____________________________________________Phone: ________________________________I would like to make reservations for the following guest(s): _________________________________________________________________________________________________________________________________Method of payment (check one):

o Firm billing. Firm: _____________________________________________o Check enclosed. ($32.00 for RBA members, $37.00 for guests; payable to ‘‘Bar Association of Richmond’’)o At the door.o Member of the Judiciary.

To comply with PCI regulations, credit card payment is not accepted by mail or Fax. For security purposes, you must register online at https://www.richmondbar.org/luncheons/.

If you require a vegetarian or special dietary meal, please inform us at the time you make the reservation.

Return this form to: Richmond Bar Association, P.O. Box 1213, Richmond, Virginia 23218-1213. Reservations may be made by calling the Bar office at 780-0700 no later than noon on Monday, October 16, 2017.IMPORTANT NOTE: Under the reservation policy, members who make reservations will be expected to pay whether or not they attend. No cancellations or refunds after noon on October 16th. Reservations made by credit card payment are subject to a 5% service fee if cancelled by the appropriate cut-off date.

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Page 3: he RichmondT Bar · he RichmondT Bar Volume 26, Number 3 A newsletter for members of The Bar Association of the City of Richmond October 2017 Mark L. Early, former Attorney General

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The RBA presents a CLE seminar specifically designed for solo and small firm practitioners:

Show Me the Money – When is Your Money My Money and Other Trust Account Issues

The presentation is focused for the solo and small firm practitioner to provide guidance regarding what one must do and must not do regarding handling client’s money-- what is required (and prohibited) in maintaining

a trust account and client fee agreements.

Speaker:Prescott L. Prince, Assistant Bar Counsel, Virginia State Bar

Tuesday, October 10, 2017

4:00-5:00 p.m. – CLE seminar5:00-6:00 p.m. – reception (beer, wine and light hors d’oeuvres)

Wells Coleman & Company, 5004 Monument Ave, Richmond, VA 23230

Cost to attend is $30

This program has been approved for 1.0 hour of MCLE ethics credit and is open to solo practitioners and attorneys in firms with 10 or fewer lawyers. Space is limited; reservations accepted on a first come, first served basis.

Register online using a credit card at https://www.richmondbar.org/solo-small-firm/. Mail checks payable to Richmond Bar Association along with your contact information

to P.O. Box 1213, Richmond, VA 23218.

The registration deadline is Friday, October 6, 2017.

Lawyers Helping Lawyers offers support groups for attorneys

Since 1985, Lawyers Helping Lawyers has helped Virginia's legal professionals take the first steps toward recovery with confidential, 24-hour assistance. Lawyers Helping Lawyers provides many services tailored to meet the needs of each situa-tion, including verification of a problem, planning and implementing interventions, referral to treatment providers, assessments, support from and for peers, supporting family members, establishing and monitoring rehabilitation contracts and educational presentations. Support groups meet weekly; attendance and everything that occurs in this group is confidential. For confidential assistance, call (804) 644-3212 or 1-877-LHL IN VA (877-545-4682 or [email protected].

Promote RBA membership and earn incentives during the 2017-2018 member-ship drive!

• Recruit 1-2 new members and receive 1 free reservation to a 2018-19 luncheon

• Recruit 3-4 new members and receive 1 free reservation to the Spring Cocktail Party

• Recruit 5-6 new members and receive 1 free reservation to the Holiday Cocktail Party

• Recruit 7-9 new members and receive 2 free reservations to the Cocktail Party of your choice

• Recruit 10+ new memberas and your 2018-2019 dues are free!

To be eligible, you must sign the new member’s application on the “referred by” line.

Refer new members and earn rewards

Association’s web page gets new lookVisit www.richmondbar.org to check out the Bar’s newly revamped webpage. In

addition to making the website more user - friendly and easier to navigate, newfeatures have been added to make the site more useful to members. Some new features to the website include mobile optimization and an add to calendar button that can be used with Google calendars, Microsoft outlook calendars, iCalendar and Yahoo calendar. If you have not already done so or would like to update your formal headshot for the online pictorial directory (color or black & white in .jpg or .tif format) to [email protected]. Please be sure to include your full name to ensure that we match the correct photo with your membership.

If you have comments or suggestions to further improve the website, please contact Brittany Lamb ([email protected] or 780-0700).

The Hon. Jayne A. Pemberton, Chief Judge of the Chesterfield Juvenile & Domestic Relations District Court, would like to make members aware of the Court’s new continuance policy. To provide timely justice for citizens without wasting the time and other resources of the Court, the litigants, and other case participants, the Court will evaluate continuance requests on a case-by-case basis to determine whether the moving party or parties have presented the requisite good cause in support of the request.

As a guide to practitioners, the following will generally not be considered sufficient cause to grant a continuance:• Counsel or the parties agree to a continuance without prior judicial approval;• The case has not previously been continued;• Discovery has not been completed;• The untimely hiring of counsel or the desire to substitute counsel;• Unavailability of a witness for whom no subpoena request has been issued;• A party or counsel is unprepared to try the case for reasons including, but not limited to, the party’s failure to maintain necessary contact with counsel or vice versa;• A police officer or other witness is either in training or is scheduled to be on vacation, unless the Court is advised of the con

flict sufficiently in advance to prevent an inconvenience to the attorneys, the parties, witnesses, and the Court.The following will generally be considered sufficient cause to grant a continuance:• Recent or sudden medical, mental health, or otherwise debilitating emergency (not elective medical care) involving a party,

counsel, or material witness for whom a subpoena has been requested;• A party did not receive proper notice of the setting of the trial date through no fault of that party or that party’s counsel;• Facts or circumstances arising or becoming apparent too late in the proceedings to be fully corrected and which, in the view

of the Court, would likely cause undue hardship or miscarriage of justice if the trial is required to proceed as scheduled.When any continuance request is granted, it shall be the moving party’s responsibility to coordinate the rescheduling of the case with

the Clerk’s Office. Please note that there are no changes to the current way juvenile traffic continuances are requested.To obtain a copy of the complete continuance policy or continuance request form (pdf or fillable versions available), please contact

Laura G. Griffin, Clerk of the Court at [email protected] are also asked to note that Chesterfield and Colonial Heights General District and J&DR courts have a new email exchange.

Court personnel are still using the original prefixes; however, that is now followed by @vacourts.gov.

Chesterfield J&DR Court adopts new continuance policy; District Courts using new e-mail exchange

Page 4: he RichmondT Bar · he RichmondT Bar Volume 26, Number 3 A newsletter for members of The Bar Association of the City of Richmond October 2017 Mark L. Early, former Attorney General

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Nominations for the Following Awards are Now Being AcceptedHill-Tucker Public Service Award

The Hill-Tucker Public Service Award is named after Oliver W. Hill and Samuel W. Tucker who received the first award in 1989. This award was created to be presented to members of the legal profession who render conspicuous public ser-vice and otherwise distinguish themselves in service to society beyond law practice.Recent recipients: Hon. Mary E. Langer (2017), Jennifer L. McClellan (2016), Clarence M. Dunnaville, Jr. (2015), Hon. Tim Kaine (2013), Henry W. McLaughlin III (2010), O. Randolph Rollins (2009), Hon. Elizabeth B. Lacy (2008), John V. Cogbill III (2007), Chief Justice Leroy R. Hassell, Sr. (2006), Julious P. Smith, Jr. (2005), Hon. Gerald Baliles (2003), John W. Bates III (2002), Tommy P. Baer (2001), Lewis T. Booker (2000), Hon. Harry L. Carrico (1999), Harold M. Marsh, Sr. (1998), Hon. L. Douglas Wilder (1997), Alezxander H. Slaughter (1996), Craig S. Cooley (1995)

Young Lawyer of the YearEstablished in 2011, the Young Lawyer of the Year Award is presented by the Bar Association of the City of Richmond to a member of its Young Lawyers Section. The Award is given to a young lawyer who has excelled in the practice of law to date and who has shown the potential to become a leader in the legal profession in one or more of the following ways:

(1) By exceeding the expectations of clients and employers;(2) By providing service to the community outside the practice of law:(3) By changing and improving perceptions of the legal profession in the Greater Richmond community; and(4) By taking a non-traditional path to success in the practice of law.

Recent recipients: Amanda E. DeBerry (2017), Lisa J. Hedrick (2016), Joley L. Eason (2015), John A. Merrick (2014), Mela-nie A. Friend (2013), Kimberly A. Skiba (2012)

Liberty Bell AwardThe Liberty Bell Award is based on criteria established by the American Bar Association to recognize persons outside the legal profession who have served to promote a better understanding of our government. The award is given to persons who:

(1) Promote a better understanding of our form of government, especially the Bill of Rights;(2) Encourage a greater respect for law and the courts;(3) Stimulate a deeper sense of individual responsibility to the end that citizens recognize their duties as well as their rights;(4) Contribute to the effective functioning of our institutions of government; and(5) Inculcate a better understanding and appreciation of the rule of law.

Recent recipients: S. Buford Scott (2103), Thomas A. Silvestri (2011), Hon. Susan Clark Schaar, Hon. Bruce F. Jamerson (2010), Laura Sanchez-de Solar (2008), Sister Cora Billings, Rev. Benjamin Campbell, Dr. Jack Spiro (2006), Dr. Warren Stewart (2005), Vernard W. Henley (2002), James E. Ukrop & Robert S. Ukrop (2001), Charlie McDowell (1999), Su-sanna M. Capers (1992)

Hunter W. Martin Professionalism AwardEstablished in 1993, the Hunter W. Martin Professionalism Award is named after the first recipient, Hunter W. Martin. This award was created to be presented to members of the legal profession who , throughout their lives and careers in the law, have best exemplified the conduct and high ideals embodied in the Bar’s Principles of Professionalism. Nominees should possess an understanding of, and adherence to high ethical standards of conduct and tolerance, respect and civility toward clients, opposing parties, colleagues and the judiciary.Recent recipients: Everette G. Allen, Jr.* (2017), Michael W. Smith (2016), Claire G. Cardwell (2015), Thomas G. Slater, Jr. (2014), Hon. Dennis W. Dohnal (2013), Philip B. Morris (2012), Russell V. Palmore (2011), Wyatt B. Durrett, Jr. (2010), Frank B. Miller III (2009), Robert E. Eicher (2008), Hon. Robert A. Pustilnik (2007), Hon. Randall G. Johnson* (2006), James W. Morris III (2005), Malcolm M. Christian (2004), Anne Marie Whittemore (2003), Hon. Robert W. Duling (2002), Meredith A. House (2001), Robert M. Patterson (2000), R. Harvey Chappell (1999), Hon. Robert R. Merhige, Jr. (1998)

* - awarded posthumously

Members are encouraged to nominate any candidates who they believe are qualified for an award. To nominate an individual, contact any member of the Association’s Committee on Awards and Honors listed below.Daniel E. Lynch - [email protected] Douglas D. Callaway - [email protected] Terrence L. Graves - [email protected] T. O’Connor Johnson - [email protected] Vernon E. Inge, Jr. - [email protected]

Let’s Talk Tech:Radical Shifts in the Ethical Rules of Marketing – and in Securing Your Data

Back by popular demand, our experts from last year’s very successful “Let’s Talk Tech” are returning with all new sessions, including two hours of ethics credit. Are you familiar with the newly adopted marketing ethics rules? There has been a sea change! And in a world where a law firm like DLA Piper can be brought to its knees by hack-ers, it’s time to up your cybersecurity game with the latest tips and best practices whether you are “getting your kicks on Route 66” or winging your way to distant shores.

Faculty: James M. McCauley (Ethics Counsel, Virginia State Bar); Kellam T. Parks (Member, Parks Zeigler, PLLC, Virginia Beach); Charles B. Molster, III (The Law Offices of Charles B. Molster, III PLLC, Washington, D.C.); Sharon D. Nelson (President, Sensei Enterprises Inc.); John Simek (Vice-President, Sensei Enterprises, Inc.).

DATE: Tuesday, October 31, 2017TIME: 8:30 a.m. to 1:15 p.m.LOCATION: 1111 E. Main Street 3rd floor conference room COST: $150 ($160 if charged/postmarked after October 20th)

MCLE CREDIT: THIS PROGRAM IS EXPECTED TO BE APPROVED BY THE VIRGINIA MCLE BOARD FOR 4.0 HOURS OF CREDIT, INCLUDING 2.0 HOURS OF ETHICS CREDIT AND2.0 HOURS OF REGULAR CREDIT

8:30 a.m. Networking Coffee

9:00 a.m. Using Today’s Tech Tools Effectively and Ethically - Charles B. (“Chip”) Molster III, Kellam T. Parks and James M. McCauley Technology and Social Media has dramatically changed the landscape of the legal services sector. Panelists will examine and discuss the ethical issues that are relevant to these cutting edge topics:

u Changes in Lawyer Advertising Rules u Responding to Negative Online Reviews u Online Lawyer Referral Services u Crowdfunding of Legal Fees u Lawyer Competency and Confidentiality in Using Technology

u Use of Web Bugs to track Clients’/Third Parties’ e-mail

11:00-11:15 a.m. Coffee Break

11:15 a.m. Keeping Your Data Safe Abroad and on the Road - Sharon D. Nelson and John Simek Recent cybersecurity developments have spooked lawyers who travel abroad – do you know the dangers and how to combat them? And how about the perils of the lawyers on the road in the U.S.? Here is a guide to mobile computing no matter where you are!12:15 p.m. 60 Cybersecurity Tips in 60 Minutes - Kellam T. Parks, James M. McCauley, Sharon D. Nelson and John Simek Former FBI Director James Comey teaches lawyers how to keep their data safe. Yup, you read that right. You don’t want to miss tips 2-60!

CLE REGISTRATION FORMLET’S TALK TECH - October 31, 2017How To Register:

F By Check - Return this form with payment to Richmond Bar Association, P.O. Box 1213, Richmond, VA 23218 by October 20th.F By Credit Card - To comply with PCI regulations, credit card payment is not accepted by mail or Fax. For security purposes, you must register online at https://www.richmondbar.org/events/event/tech-cle-seminar/.

Name ________________________________________________Address __________________________________________________________________________________Phone _____________________________________ E-mail ________________________________________

Page 5: he RichmondT Bar · he RichmondT Bar Volume 26, Number 3 A newsletter for members of The Bar Association of the City of Richmond October 2017 Mark L. Early, former Attorney General

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The Richmond Metropolitan Area Local and Specialty Bar Associations Present the Twenty-Sixth Annual

Bench-Bar ConferenceThe Bench-Bar Conference is designed to promote discussion on issues of interest to judges and lawyers and provide an opportunity for each to offer their reactions and feedback. The format features breakout sessions allowing groups of judges and lawyers to actively discuss topics of interest in their individual areas of practice. Included in the cost of the conference is admission to the Richmond Bar luncheon and a continental breakfast reception with members of the judiciary.

Complete program on reverse side.

Thursday, October 19, 2017

LOCATION: Omni Richmond Hotel, 100 South 12th Street, Richmond, VA 23219

COST: $90.00 ($100 after October 6th) - fee includes admission to luncheon Special rate for lawyers practicing less than 6 years - $70.00 ($80 after October 6th)

MCLE CREDIT: This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 3.0 hours of credit. CLE materials will be e-mailed to attendees approximately one week prior to the conference. Participants will also receive materials on a flash drive upon check-in on the day of the event.

REGISTRATION INFORMATION: Use the form below and indicate your break-out session preferences on the reverse side. You will receive no confirmation of your registration. There will be no refunds after October 6th, 2017. Space is limited. There will be no registration at the door unless there is space available after those who have per-registered have been admitted.

The conference is sponsored by the following Richmond metropolitan area bar associations: The Bar Associa-tion of the City of Richmond; Chesterfield County Bar Association, Hanover County Bar Association, Henrico County Bar Association, Hill-Tucker Bar Association, Metro Richmond Family Law Bar Association, Metro-politan Richmond Women’s Bar Association and the Greater Richmond Criminal Bar Association.

Bench-Bar Conference - October 19, 2017

PROVIDE THE INFORMATION REQUESTED BELOW AND INDICATE ON THE REVERSE SIDE YOUR PREFERENCES FOE EACH OF THE BREAK-OUT SESSIONS. PLEASE PHOTOCOPY AND RETAIN A COPY OF THIS FLYER FOR YOUR RECORDS AND RETURN THE ORIGINAL, WITH PAYMENT, TO THE BAR OF-FICE AT THE ADDRESS GIVEN BELOW.

How to register:

u By Credit Card - To comply with PCI regulations, credit card payment is not accepted by mail or Fax. For security purposes, you must register online at https://www.richmondbar.org/bench-bar-conference-2017/.

u By Check q $90.00 - lawyer attendee ($100 after October 6th) q $70.00 - new lawyers attendee ($80.00 after October 6th); Bar #/date admitted to practice: ____________ q Member of the Judiciary

Name _______________________________________________ Address _______________________________________________ Send form and payment to: _______________________________________________ Richmond Bar AssociationE-mail Address (required) _________________________________ P.O. Box 1213Phone number _________________________________________ Richmond, Virginia 23218-1213

Bench-Bar ConferenceOctober 19, 2017

8:00-8:55 a.m. Registration/Continental Breakfast Reception with the Judges (Sponsored by Minnesota Lawyers Mutual Insurance Company)9:00-10:30 Break-Out Sessions (check the box corresponding to the session that you wish to attend) 1.5 hr. of MCLE credit q State and Federal Civil Practice - “Post Judgment: Best Practices and Recent Developments” Panelists: Hon. Kevin R. Huennekens, Sarah M. Saunders, Robert B. McEntee, Jr. and Mark C. Leffler Moderator: Hon. Lawrence B. Cann

q Criminal Practice - “Who’s That in the Jury Box? Maximizing the Jury Selection Process to Your Advantage” Panelists: Dr. Jeffrey T. Frederick, Ph.D., W. Edward Riley IV and John F. Childrey Moderator: Professor John Douglass

q Domestic Relations Practice - “What Happens in Vegas, May Cost You in Court” Panelists: Hon. Margaret W. Deglau, Hon. Catherine C. Hammond (Retired), Hon. Edward A. Robbins, Jr. and Hon. Richard S. Wallerstein, Jr. Moderator: Player B. Michelsen

10:30-10:45 Coffee Break (Sponsored by Virginia Lawyers Weekly)10:45-12:15 Break-Out Sessions (check the box corresponding to the session that you wish to attend) 1.5 hr. of MCLE credit

q State and Federal Civil Practice - “Practical Considerations & Emerging Issues in Jury Research, Selection & Misconduct” Panelists: Prof. Henry L. Chambers, Jr., Dr. Jeffrey T. Frederick, Ph.D. and Malcolm “Mic” P. McConnell, III Moderator: Hon. Henry E. Hudson

q Criminal Practice - “Get Me Out of Here - Effectively Addressing Bond Before the Court” Panelists: Shannon L. Taylor, Andrew Molloy, Jr., Randy B. Rowlett and Stokes McCune Moderator: Hon. Thomas O. Bondurant, Jr.

q Domestic Relations Practice - “How to Lose Your Reputation in 10 Days” Panelists: Hon. Richard B. Campbell, Hon. Frank G. Uvanni and Hon. Lynn S. Brice Moderator: Irene C. Delcamp

12:30-1:45 Richmond Bar Association Luncheon - remarks by Mark L. Earley (no MCLE credit offered)

Flash drives for CLE materials provided by Superior Document Services

Law Firm Sponsors of the Conference are:

Allen, Allen, Allen & Allen, P.C. Barnes & Diehl, P.C. Batzli Stiles Butler PC Boleman Law Firm, P.C. Cantor Stoneburner Ford Grana Buckner Christian & Barton, LLP CowanGates DurretteCrump PLC Eckert Seamans Cherin & Mellott, LLC Harman Claytor Corrigan & Wellman Hirschler Fleischer, P.C. Hunton & Williams LLP Kaufman & Canoles, P.C. Kutak Rock LLP LeClairRyan McCandlish Holton Morris, PC McGuireWoods LLP Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Owen & Owens PLC Sands Anderson Setliff & Holland, P.C. Spotts Fain PC ThompsonMcMullan, P.C. Troutman Sanders LLP Vandeventer Black LLP Williams Mullen

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Breaking Up is Hard to Do: The Practical and Legal Considerations of a Business Divorce

This CLE will provide a primer on business and what it involves, including a discussion on how to recognize when a business di-vorce may be the best course of action for an organization that is not currently considering it. In addition to discussing their own experiences, the speakers will address the statutory mechanisms for triggering a separation, ethical considerations for counsel to the organization, and the unique challenges facing parties in litigation of this nature. Speakers: W. Michael Holm, LeClairRyan; Stephen M. Faraci, Sr., LeClairRyan; and C. Matthew Haynes, WestRock.

DATE: Wednesday, October 4, 2017

TIME: 4:00 p.m. to 6:00 p.m.

LOCATION: 2nd Floor Conference Room, 707 E. Main Street

COST: $75 for members ($85 after September 27); $150 for non-members ($160 after September 27) MCLE CREDIT: THIS PROGRAM HAS BEEN APPROVED BY THE VIRGINIA MCLE BOARD FOR 2.0 HOURS OF CREDIT

Continuing Legal Education courses

Cocktail Law 101: Death, Divorce and DUIs -A Primer on the Law That Every Lawyer Gets Asked About

This CLE addresses the common legal questions which non-lawyers may ask lawyers in social context. The program will provide a primer for all practitioners on relevant law and procedures when a client gets a DUI or another related traffic offense. It will also include basic information to guide attorneys assisting clients contemplating divorce or needing a will. Speakers: Erica Giovanni Baez of Owen and Owens PLC and G. Manoli Loupassi of The Law Offices of G. Manoli Loupassi, LLC. DATE: Wednesday, October 11, 2017

TIME: 4:00 p.m. to 6:00 p.m.

LOCATION: 2nd Floor Conference Room, 707 E. Main Street

COST: $75 for members ($85 after October 4); $150 for non-members ($160 after October 4)

MCLE CREDIT: THIS PROGRAM HAS BEEN APPROVED BY THE VIRGINIA MCLE BOARD FOR 2.0 HOURS OF CREDIT

Recent Developments in Virginia Civil LitigationAre you up-to-date on major statutory and rule changes and court opinions? This two-hour CLE summarizes major state and federal rule and statutory changes as well as Virginia appellate, Fourth Circuit, and U.S. Supreme Court decisions over the last year affecting civil litigation in the Commonwealth’s state and federal courts. Speakers: George P. Sibley, III and Jonathan L. Caulder, both of Hunton & Williams LLP. DATE: Thursday, October 12, 2017

TIME: 4:00 p.m. to 6:00 p.m.

LOCATION: 2nd Floor Conference Room, 707 E. Main Street

COST: $75 for members ($85 after October 5); $150 for non-members ($160 after October 5)

MCLE CREDIT: THIS PROGRAM HAS BEEN APPROVED BY THE VIRGINIA MCLE BOARD FOR 2.0 HOURS OF CREDIT

Depositions: What are They Good for?Depositions can make or break your case. Join expert panelists Hon. M. Hannah Lauck of the U.S. District Court; David Corrigan of Harman Claytor and Corrigan and Michael Phelan of Phelan Petty along with moderator Lawrence A. “Lex” Dunn of McCandlish Holton Morris, as they discuss the process of preparing witnesses for depositions, taking and defend-ing depositions, using documents and exhibits during depositions, whether and when to use video depositions and the use of depositions during a hearing trial. DATE: Tuesday, October 17, 2017

TIME: 4:00 p.m. to 6:00 p.m.

LOCATION: 2nd Floor Conference Room, 707 E. Main Street

COST: $75 for members ($85 after October 10); $150 for non-members ($160 after October 10)

MCLE CREDIT: THIS PROGRAM HAS BEEN APPROVED BY THE VIRGINIA MCLE BOARD FOR 2.0 HOURS OF CREDIT

Continuing Legal Education courses

Consumer Protection Litigation and Bankruptcy: Intersections and CollisionsAn overview of causes of action related to consumer financial services, including an examination of the interplay between the applicable statutes and the Bankruptcy Code. Statues covered will include the Fair Debt Collection Practices Act (“FD-CPA”), the Fair Credit Reporting Act (“FCRA”), the Electronic Fund Transfer Act (“EFTA”), and the Telephone Consumer Protection Act (“TCPA”). Speakers for the program include: Dale W. Pittman, P.C. of The Law Office of Dale W. Pittman, P.C., Mark C. Leffler and Emily Connor Kennedy of The Boleman Lawfirm, P.C. DATE: Tuesday, October 24, 2017

TIME: 4:00 p.m. to 6:00 p.m.

LOCATION: 2nd Floor Conference Room, 707 E. Main Street

COST: $75 for members ($85 after October 17); $150 for non-members ($160 after October 17)

MCLE CREDIT: THIS PROGRAM HAS BEEN APPROVED BY THE VIRGINIA MCLE BOARD FOR 2.0 HOURS OF CREDIT

Client, Conflicts and ConfidencesThis ethics CLE will cover recent trends in malpractice claims regarding conflicts of interest and client confidences. Attend-ees will discover how different practice areas are affected and how to avoid the common mistakes which lead to malpractice claims. The session will also explore Virginia Rules of Ethics and learn resources that can be used to assist with client com-munications. The speaker for this program is Joyvan Malbon-Griffin, Esq. of Minnesota Mutual Insurance Company. DATE: Wednesday, October 25, 2017

TIME: 4:00 p.m. to 5:00 p.m.

LOCATION: 2nd Floor Conference Room, 707 E. Main Street

COST: $37.50 for members ($47.50 after October 18); $75 for non-members ($85 after October 18)

MCLE CREDIT: THIS PROGRAM HAS BEEN APPROVED BY THE VIRGINIA MCLE BOARD FOR 1.0 HOUR OF ETHICS CREDIT

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What To Do If you Receive a Bar Complaint and How to Avoid OneJoin Prescott L. Prince, Assistant Bar Counsel for the Virginia State Bar for a discussion of the Virginia State Bar’s Disciplinary Process as it relates to the complaint process of investigating and adjudicating Bar complaints and what an attorney should do it he/she receives a Bar Complaint. The presentation also provides tips on what an at-torney can do to avoid the most common pitfalls that lead to Bar Complaints. DATE: Wednesday, October 25, 2017

TIME: 5:00 p.m. to 6:00 p.m.

LOCATION: 2nd Floor Conference Room, 707 E. Main Street

COST: $37.50 for members ($47.50 after October 18) $75 for non-members ($85 after October 18) MCLE CREDIT: THIS PROGRAM HAS BEEN APPROVED BY THE VIRGINIA MCLE BOARD FOR 1.0 HOUR OF ETHICS CREDIT

Continuing Legal Education courses CLE Registration FormName: ___________________________________________________________________________

Address: _________________________________________________________________________

__________________________________________________________________________

Phone Number: ____________________________________________________________________

E-mail Address: ____________________________________________________________________

Date Seminar Title CLE Hours Members Non-Members (Registration/Late Registration)

October 4 Business Divorce 2.0 $75/$150 $85/$160 $_________

October 11 Cocktail Law 101 2.0 $75/$150 $85/$160 $_________

October 12 Recent Developments in VA Litigation 2.0 $75/$150 $85/$160 $_________

October 17 Depositions 2.0 $75/$150 $85/$160 $_________

October 24 Consumer Protection 2.0 $75/$150 $85/$160 $_________

October 25 Malpractice Claims (Ethics) 1.0 $37.50/$47.50 $75/$85 $_________ October 25 How to Avoid Bar Complaints (Ethics) 1.0 $37.50/$47.50 $75/$85 $_________

Total $_________

How To Register:

q By Credit Card - To comply with PCI regulations, credit card payment is not accepted by mail or Fax. For security purposes, you must register online at https://www.richmondbar.org/classes-registration/

q By Check - Return this form with payment to Richmond Bar Association, P.O. Box 1213, Richmond, VA 23218

q I participate in the CLE Discount Program. Please deduct ___.___ hour(s) from my balance.

Detach and send form and check to: Richmond Bar Association, P.O. Box 1213, Richmond, VA 23218-1213 (804) 780-0700 (phone); (804) 648-7118 (fax)

Cancellation of registration for continuing legal education seminars is allowed up to one week prior to the seminar. Reservations made by credit card payment are subject to a 5% service fee if cancelled by the appropriate cut-off date. Refunds or credits to a member’s discount program account will be given up to one week prior to the date of the seminar.

RBA members -- Take advantage of the Association’s CLE Discount Program and save money! Purchase 6 hours of credit for $120 or a 12 hour block for $220, and then register for any RBA seminars (excludes some Section-sponsored CLE and Bench-Bar Conference) conducted through October 31, 2017. Visit www.richmondbar.org and click on “Continuing Legal Education” or call 780-0700 for more details.

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Fidelity National Title Insurance Co.

FindLaw

Halasz Court Reporting

Minnesota Lawyers Mutual Insurance Company

Park Sterling Bank

Protiviti, Inc.

Superior Document Services

Tranzon Fox

The Richmond Bar apppreciates the patronage of its 2017-2018 Select Sponsors:

AnnouncementsCorporate Counsel Section CLE seminar set for October 4th; Peer Exchange scheduled for November 7th.

Join your Corporate Counsel Section colleagues on Wednesday, October 4, 2017 from 1:00-3:00 p.m. for a two-hour ethics CLE program entitled “Confidentiality: Non-Clients’ Misunderstanding and Mistakes” taught by Tom Spahn of McGuireWoods LLP. The seminar, which will be held at Capital One, West Creek Campus, 15000 Capital One Drive, Town Center building (University Hall – 24A), Richmond, VA 23238, will be followed by a cocktail reception from 3:00-4:30 p.m.

The event is free for all Corporate Counsel Section members, but reservations are required. If you are interested in attending, please RSVP online by visiting https://www.richmondbar.org/corporate-counsel/.The Section appreciates the generosity of Capital One for hosting the event.

Save the date! The Corporate Counsel Section of the Richmond Bar Association invites all Section members to a Peer Exchange to discuss contract process and management. The event will take place on Thursday, November 7, 2017 at CarMax, 2800 Tuckahoe Creek Parkway, Richmond, Virginia. Park in any available spot (designated visitor parking along front wall in Level 1 of parking garage).

The program will take place from 8:30 – 9:30 a.m. and coffee and refreshments will be available. Space is limited. Reservations are required and may be made by contacting Sharon Potter at 780-0700 or [email protected].

The Young Lawyers Section of the Richmond Bar cordially invites all current and potential members to its Fall Social & Happy Hour on Thursday, October 5, 2017. The event will be held at Julep’s located at 420 E Grace St., Richmond, VA 23219 from 6:00 – 8:00 p.m. Complimentary drinks and appetizers will be provided, including a signature cocktail “The Bar.” If you have any question, please contact Alex Cuff ([email protected]) or Lindsey Strachan ([email protected]).

The Section graciously thanks its sponsors: Tom James of Richmond (Susan News – [email protected]) and Julep’s.

Young Lawyers Section to host Social on October 5th

FACE THE FUTURE WITH CONFIDENCE

Businesses routinely face adversity from many factors, both internal and external. Situations requiring financial restructuring and complex litigation often result. The professionals from Protiviti’s Restructuring & Litigation practice work with counsel and their clients–as well as debtors, creditors, lenders and trustees–to identify and resolve their challenges today so they can emerge stronger tomorrow.

© 2016 Protiviti Inc. An Equal Opportunity Employer M/F/Disability/Veterans. PRO-0916

Protiviti.com

Internal Audit, Risk, Business & Technology Consulting The Richmond Bar Association welcomes the following new members:

Winifred Campbell Thomas C. Mason III Maria Mokrzycka Amanda Nichols Brittany Rawlinson John J. Siegner

Welcome new members

The Business Law and Corporate Counsel Section will hold a joint CLE and reception on Tuesday, October 10, 2017. The panel presenta-tion is titled “Best Practices and Recent Trends in Confidentiality Agreements” and will take place from 4:00-5:00 p.m. on the 20th floor at Hunton & Williams (951 E. Byrd Street). The panelists will be Anna King, Senior Corporate Counsel at Markel Corporation, Brian Hager, Partner at Hunton & Williams, and Jim Kennedy, Associate at Hunton & Williams. The panelists plan to review the most negotiated terms in confidentiality agreements, discuss what is market from both the disclosing party’s and the receiving party’s perspective, and highlight best practices for ensuring compliance with the terms of existing confidentiality agreements. The program will be followed by a reception from 5:00-6:00 p.m. featuring heavy hors d’oeuvres and cocktails. Parking can be validated at the receptionist desk.

It is anticipated that the seminar will be approved for 1.0 hour of MCLE credit. PLEASE NOTE: Anyone who attended this seminar at the 2017 VBA Annual Meeting in Williamsburg is not eligible to receive MCLE credit for this program.

Cost to attend is $25 for Section members and $40 for non-Section members. Register using a credit card at https://www.richmondbar.org/events/event/bls-ccs-cle/. Reservations must be received by noon on October 6th.

Business Law Section & Corporate Counsel Section planning joint CLE Program on October 10th

Bankruptcy Section CLE/luncheon set for October 24thThe Bankruptcy Section will host a luncheon/CLE seminar on Tuesday, October 24, 2017 beginning at 12:30 p.m. at the Hilton Hotel, 501 E.

Broad Street, Richmond, VA 23219. The program will feature a presentation by C. Simon Davidson entitled “The Ethics of Email and Social Media.” It is anticipated that the program will be approved for 1.0 hour of MCLE ethics credit. The Section member and government rate to attend is $30; the non-Section member rate is $45. Register using a credit card by visiting https://www.richmondbar.org/events/event/bankruptcy-section-luncheon-2/ or calling 780-0700. Payment by check can be made by returning the form on the flyer that has been mailed to all Section members. Reservations must be received by October 19th; no refunds will be given after this date.

Announcements

Save the date! The Richmond Bar’s popular Holiday Cocktail Party will be held on Wednesday, December 13, 2017 from 6:00 to 8:00 p.m. in the Marble Hall at the Virginia Museum of Fine Arts. Invitations will be mailed soon. The Association appreciates the generosity of The McCammon Group, sponsor of the event.

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CALENDAROctober

The Bar Association of the City of RichmondP.O. Box 1213

Richmond, Virginia 23218-1213

November

PRESORT STANDARDU.S. POSTAGE

PAIDRICHMOND, VA

PERMIT NO. 2929

2 Executive Committee meeting, 12:30 p.m., Bar office 4 Corporate Counsel Section CLE seminar & reception, 1:00 p.m., Capital One 4 CLE Seminar: “Business Divorce,” 4:00 p.m., 2nd floor conference room 5 Board of Directors meeting, 12:30 p.m., Hunton & Williams, 20th floor 5 Young Lawyers Section Social, 6:00 p.m., Julep’s 10 Business Law Section and Corporate Counsel Section Joint CLE Seminar, 4:00 p.m., Hunton & Williams10 Solo & Small Firm CLE: Trust Accounts, 4:00 p.m., Wells Coleman & Company 11 CLE Seminar: “Cocktail Law 101,” 4:00 p.m., 2nd floor conference room12 CLE Seminar: “Recent Developments in VA Civil Litigation,” 4:00 p.m., 2nd floor conference room17 CLE Seminar: “Depositions,” 4:00 p.m., 2nd floor conference room 19 Bench-Bar Conference, 9:00 a.m., Omni Hotel19 RBA Luncheon, 12:30 p.m., Omni Hotel, Speaker: Mark L. Earley, former Attorney General of VA24 Bankruptcy Section luncheon, 12:30 p.m., Hilton Richmond Downtown24 CLE Seminar: “Consumer Protection,” 4:00 p.m., 2nd floor conference room25 CLE Seminar: “Ethics: Malpractice Claims,” 4:00 p.m., 2nd floor conference room25 CLE seminar: “Ethics: How to Handle a Bar Complaint,” 5:00 p.m., 2nd floor conference room30 Executive Committee Meeting, 12:30 p.m., Bar office31 VSB-RBA Tech Talk CLE Seminar, 9:00 a.m., 1111 E. Main Street, 3rd floor

4 Executive Committee meeting, 12:30 p.m., Bar office 7 Board of Directors meeting, 12:30 p.m., Hunton & Williams, 20th floor13 Holiday Cocktail Party, 6:00 p.m., Virginia Museum of Fine Arts22 Bar office closed for the holiday25-26 Bar office closed for the holiday

2 Board of Directors meeting, 12:30 p.m., Hunton & Williams, 20th floor 2 Private Conversation Series event: Death Penalty, 5:30 p.m., Troutman Sanders 7 Corporate Counsel Section Peer Exchange, 8:30 a.m., Carmax14 Bankruptcy Section luncheon, 12:30 p.m., Hilton Hotel16 RBA Luncheon, 12:30 p.m., Omni Hotel Speaker: Mayor Levar M. Stoney22 Bar office closed ½ day for holiday23-24 Bar office closed for the holiday

December