SENIOR LAWYER NEWSVolume 18—Issue 2 Spring 2008 Frank O. Brown Jr., Editor

W hat an extraordinary coincidence of events weobserve today. Today marks the observance ofYom HaShoa — Holocaust Remembrance Day.

It is also the 50th Anniversary celebration of Law Day inAmerica, a day when we pause to reflect upon the principlesthat inspired “we the people” to create a federal republicgoverned by our commitment to the rule of law. And todaywe dedicate a replica of the Nuremberg Courtroom here atthe Holocaust Museum in Richmond, Virginia.

In my home, I have a wonderful display of a work by theRichmond artist, Professor David Freed. I have brought ithere today to share with all of you. It is a triptych that consistsof three panels each of which is separately named. The firstpanel is called “I Am.” It is an abstract rendition of theburning bush where God spoke to Moses and directed him toconfront Pharaoh and demand that the enslaved Israelites beset free. Moses was reluctant, but God was insistent. WhenMoses inquired, “Who shall I say has sent me, God said “Tellthem that ‘I am’ sent you.”

The second panel is entitled “Remember” and shows a homewith the lentel covered in blood. Through the doorway, wesee the Seder meal upon the table – the unleavened bread, thelamb shank and the bitter herbs. Ever so faintly, in the skyover the housetop, the angel of death passes over.

The final panel called “The Law” unmistakably portraysMount Sinai shrouded with angry clouds, and lightning. Ifyou are quiet, you can hear the thunder as the TenCommandments are presented to the people of Israel.

I have had this spectacular work of art in my home for manyyears. It has been a catalyst for many deep conversations – forin it I see the Judeo-Christian influence upon Western law.

It is always with a sense of trepidation and humility that onetries to explain a work of art with the artist present in the

audience. Let me go where angels fear to tread. Thefoundation of Western law and the concept of the rule of laware depicted in this work. God has revealed Himself to Hispeople, and He remembers them and is gracious and mercifulto them, but He has expectations. Those expectations arefurther reflected in Torah, the histories, and the prophetic,wisdom, and poetical literature of the Hebrew Bible.

Here in Virginia last year we commemorated the 400thanniversary of the first permanent English settlement in thenew world at Jamestown. Barristers at Middle Temple haddrafted the Virginia Company charter and provided much ofthe funding for the venture. In the 1606 charter for theVirginia Company, it was written: “persons which shall dwellwithin the colonies shall have all the liberties as if they hadbeen abiding and born within this our realm of England orany other of our dominions.”

These rights of Englishmen provided the initial expression ofthe rule of law in the colonies. It was the denial of “the rights

“Never Again”Law Day, May 1, 2008

Virginia Holocaust Museum, Richmond, VirginiaJustice Donald W. Lemons Supreme Court of Virginia

At any time when our history,

customs, traditions, and values are

under attack, that is precisely the

time when we must resist the

temptation to respond in a manner

that undermines the declaration of

who we are as a people.

continued on page 2

Page 2 Spring 2008

of Englishmen” that aggravated the declaration of Americanfreedom. From the seeds planted by Magna Carta to thecharter of the Virginia Company to the Declaration ofIndependence, the Constitution and the Bill of Rights, it hasbeen the rule of law that animates the American experimentin democracy.

The concept of the “rule of law” begs definition. SaddamHussein spoke of the rule of law as a governing principle. Butthe dynamic was despotic and tyrannical. It was top-down –his rule was law. In the Western tradition, the rule of law is abottom–up dynamic. The history, customs, traditions andvalues of a people become codified in legislative enactments,declared and enforced by the executive, and expressed in case-by-case adjudications of the judiciary. As such, the laws arespecific expressions of an underlying consensus.

In our experience, when we utilize the phrase “rule of law,” wemay provoke some discussion about what is actually meant bysuch a concept. By general consensus, surely we would all

agree that a definition of “rule of law” includes, at the veryleast, private ownership of property; the right to contract; anindependent system of dispute resolution to enforce theserights; a representative system of governance; a respect for therights and dignity of individuals, including religious liberty,free speech, the right to assembly and petition government;and, fair, predictable and transparent governmental processesthat affect the life, liberty and property of citizens.

Today in America and throughout the world, the discussionabout the rule of law and what it means continues. Variouscountries that were formerly a part of the Soviet Union andother emerging democracies continue to inform theirunderstanding of the rule of law based upon their ownhistory, customs, traditions and values. Often these emergingdemocracies look to the west for some assistance. And wehave to candidly admit that we have not been perfect, that wehave not always lived up to our ideals, but that despite ourfailures, our ideals are nonetheless worthy of embracing.

The recent history of the world includes a stark reminder ofthe capacity of mankind to do great evil. And on this day, wepause to observe Yom HaShoah and remember the Holocaust.Make no mistake about it – ideas have consequences. And theideas of the Third Reich had enormous evil consequences.From a depraved concept of purity, the leaders of NaziGermany began their so-called purification of the Aryan raceby first sterilizing those who were mentally and physicallydisabled. But the idea had even more sinister consequenceswhen it was extended to a policy designed to exterminate Jewsthroughout Europe. A political ideology based upon adistorted obsession with idealistic beauty in ancient Greekand Roman art forms led to one of the ugliest stains in humanhistory. The Nazis turned an absurd ideology into a hellishreality as 6 million Jews were lost in what the Nazis called the“final solution.”

As the end of the war in the European theater wasapproaching, the allies began discussion of what was to bedone with Nazi leaders at the conclusion of the war. Initially,there was great support for summary execution of Nazileadership without trial. But as the matter was furtherconsidered, the United States, Great Britain, the Soviet Unionand France agreed to a public trial with procedural safeguardsand the opportunity for the accused to have legal counsel anddefend themselves. The dynamic chosen was the British andAmerican adversarial system rather than the continentalinquisitorial system. This choice guaranteed that neutraljudges from the four countries would decide the cases.

President Truman appointed former Attorney General andthen Supreme Court Justice Robert Jackson to lead theprosecution for the United States. Realizing that it would beunwieldy to have separate trials of all of the Nazi leadership,

Why not give in to vengeance?

Why not treat the defendants as they treated their victims?

Why not abandon due

process altogether?

Because civilizednations are

governed by The Rule of Law.

“Never Again” continued from front cover

continued next page

Senior Lawyer News Page 3

a group of defendants from the Nazi hierarchy were selectedto stand trial together at the International Military Tribunal.They were charged with crimes against peace, crimes againsthumanity, and war crimes. Additionally, and significantly forthe prosecution, they were charged with conspiracy tocommit these crimes.

Nuremberg was chosen as the site for the trial. The city wasin ruins except for the courthouse which had remarkably beenspared destruction. Symbolically, Nuremberg was the idealplace for the trial because it had been the site of annual Naziparty rallies that spawned the virulent ideology that resultedin the Holocaust. In the spring of 1945, only 6 months afterthe German surrender, the trial began. Twenty-one prisonerswere brought to the dock in the order of their perceivedculpability. Famed movie producer John Ford had beenengaged to film the proceedings. The courtroom had beenaltered so that the judges were not front and center; rather,they were placed on a side of the courtroom opposite thedefendants. On the front wall, in the place where the judgeswould normally sit, was a large cinema screen where theimages of Nazi atrocities would be displayed for the court andthe entire world to see.

Each of the defendants was called to the microphone at thecenter of the prisoner dock to enter their pleas of not guilty.Justice Jackson told the judges in his opening statement that“Civilization cannot tolerate these crimes being ignoredbecause civilization cannot afford them being repeated.”Witnesses were called who recounted the Nazi plan ofannihilation of the Jews and offered proof of those who wereresponsible. Films were shown of Nazi rallies and liberation ofconcentration camps. Victims testified to unspeakable crimesagainst humanity. The defendants had an opportunity to callwitnesses in their defense. Surprisingly, the defense called theformer commandant of the concentration camp at Auschwitz.On cross-examination, he was asked if it was true that he hadsupervised the killing of 3.5 million Jews at Auschwitz.Without remorse or any indication of moral responsibility, hestated that the number was incorrect. Only 2.5 million hadbeen killed. Another 1 million had been worked to death,starved to death or died from untreated illness.

Instead of a trial at Nuremberg, why didn’t we succumb to theinitial instincts of some who would have summarily executedthe leadership of Nazi Germany? Why didn’t we succumb tothe idea of a “show trial” with a pre-ordained outcome? Theanswer is found in the observation of Justice Jackson in hisopening statement: “we must never forget that the record onwhich we judge these defendants today is the record on whichhistory will judge us tomorrow.” We didn’t succumb to thesetemptations because the Nuremberg trials were ultimatelyabout us, not about the defendants. At any time when our

history, customs, traditions, and values are under attack, thatis precisely the time when we must resist the temptation torespond in a manner that undermines the declaration of whowe are as a people. Why not give in to vengeance? Why nottreat the defendants as they treated their victims? Why notabandon due process altogether? Because civilized nations aregoverned by the rule of law. The United States demonstratedmoral authority and commitment to justice and the rule oflaw at Nuremberg. Adherence to the rule of law in the faceof temptation to abandon it is the lesson we learn fromNuremberg and we must continue to embrace theseprinciples in the difficult and dangerous times in which welive today.

May I remind you that the Holocaust and the trial atNuremberg are only 60 years in our past. We should neverforget what occurred. The German Lutheran Pastor MartinNiemoller wrote about the Holocaust:

First they came for the Socialists,

And I did not speak out because I was not a Socialist.

Then they came for the Trade Unionists,

And I did not speak out because

I was not a Trade Unionist.

Then they came for the Jews,

And I did not speak out because I was not a Jew.

Then they came for me,

And there was no one left to speak for me.

There is a mountain top in Israel on the western shore of theDead Sea. It is called Masada and it is a symbol of freedom andcourage to Jews specifically because of the Jewish revolt againstRoman occupation in the first century. The historian Josephusrecounts that 10,000 Roman soldiers surrounded Masada wherethe last resistance of Jewish Zealots remained. Rather than betaken captive, 960 men, women and children engaged in a masssuicide on the mountain top of Masada. Until recently, officersof the Israeli Defense Force were commissioned atop Masada ina quiet ceremony which ended with the newly sworn officerssolemnly swearing, “Never again.”

It is appropriate that on the 50th anniversary of Law Day inAmerica, we remember the Holocaust, and we dedicate areplica of the Nuremberg courtroom where the rule of lawfinally triumphed. We are a people whose history, customs,traditions, and values demand adherence to the rule of law. Ascitizens of a civilized nation, may we never forget, may wenever fail to speak out, and may all of us together solemnlyvow for us and for all peoples – “Never Again.” G

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Page 4 Spring 2008

T echnology has transformed law practice. We allknow that. The question right now is — for betteror for worse? I would not be able to practice law

the way I do today without the dramatic advances oftechnology. But there is one fundamental area in whichtechnology has presented a major obstacle to our profession:giving legal advice.

I first noticed the change amongmy business clients. Many yearsago, a top executive in aninternational company was let go,because the company’s European-based chairman didn’t think theexecutive responded fast enoughto the flurry of daily faxes he sent.Every time the chairman got anew idea, he sent off a fax withinstructions. My beleagueredexecutive client simply failed tokeep up with the pace of thechairman’s evolving strategies.He complained the chairmandidn’t actually think aboutbusiness strategy, he simplyreacted. At that time, Iremember thinking that at leastthe practice of law was notconducted at such a frantic,reactionary level.

Not long after representing thisexecutive, I was persuaded by aclient to purchase a fax machinefor our firm. This machine haddistinct benefits in that it didreduce the cost of messengerservice and allow documentdrafts to be circulated quickly.However, one summer afternoonabout three o’clock, the phone rang. I picked it up anddiscovered I was connected to a conference call. The grouphad been discussing something, decided they needed some“legal input,” and called me. The question involvedinterpretation of a contract. I said I’d be glad to help, butwould have to read the contract first. “No problem,” theleader replied, “it’s being faxed right now.” Thirty secondslater, my assistant came through the door with a sheaf of

papers and I found myself trying to read, listen and talk, all atthe same time.

Since that long-ago summer afternoon, technology has grownexponentially. E- mail, cell phones, text messaging, and videoconferencing have all become integral tools of our trade. Yetwhile many things have become easier, giving legal advice has

become more difficult. Yes, I cansit at my laptop and access a legallibrary larger than any in the pre-digital age. However, the flipside of this rapid informationfeed is that I am expected togenerate legal opinions at thatsame pace.

Giving legal advice is simply theprocess of sorting throughclients’ choices in particularcircumstances, in order to arriveat the decisions most suitable forthem. Ideally, this processrequires a combination of legalknowledge, discernment andpractical experience. Creativelawyering can involve applyingnew concepts to familiarsituations. For example, underwhat circumstances can apples beseen as oranges? This type ofmental acuity, our law schoolprofessors told us, meant wewere thinking like lawyers.

I just don’t think good legaladvice is given at warp speed.Sometimes the best thing we cando is just close the door, hold thephone, and think about theproblem in solitude for awhile.Our first reaction may be a

strong one, but it may also be wrong. The best thought isn’tnecessarily the first one.

As I write this, I have three devices charging on my desk — aBlackberry™, a cell phone and an earpiece. That’s how Iwork today. But the work I do still requires time andthought. Substituting reaction for judgment is one changeI’m going to resist. G

Sometimes the best

thing we can do is

just close the door,

hold the phone,

and think about

the problem …

Slowing Down the ProcessJack W. Burtch, Jr., Attorney at Law and Past Chair, Senior Lawyers Conference

Senior Lawyer News Page 5

T he past year has given me the pleasant opportunity towrite on a variety of topics near and dear to myheart, to exhort my senior [and not yet senior]

colleagues to public service and to the improvement of theprofession and its image, and to rededicate ourselves to theennobling ideals that place us at the epicenter of our culture.

Now, in my last column, it is time to speak of rewards well-earned. In a life consumed with resolving the problems ofothers, it is often difficult to let go, even for a moment, totruly relax, refresh and reflect. To that end, I offer to all ofyou the following.

Over the years the Virginia State Bar has sponsored travelexperiences which are incredible values and still meet therequirements of the most fastidious and demanding traveler.Since the millennium, the Bar has chosen venues including:Cabo San Lucas; Mexico; Rome, Italy; Scottsdale, Arizona;Bermuda; Barcelona, Spain; Sintra, Portugal; and, mostrecently, Florence, Italy. This year, Puerto Rico becomes theworthy successor in a list of superlatives. If you have neveravailed yourself of these trips, now is the time to begin a newtradition. Contact the radiant Stephany Pishko at Tour PlanInternational, stephanytrvl@msn.com .

If less exotic but equally sunny climes meet yourrequirements, the Virginia State Bar also convenes annuallyat Virginia Beach. This is also a great time to bring thefamily, including grandchildren, since the annual meetingalways occurs after schools have recessed for the summer.And the Bar – or the Chamber of Commerce – is mostconsiderate to have this gathering coincide with theBoardwalk Art Festival, a world-class wallet-drainingexhibition along two miles of beachfront. The Virginia Beachhotels offering Bar-sponsored group rates are listed on theBar’s website at http://www.vsb.org/site/events/item/vsb-70th-annual-meeting/.

The “other” Virginia professional organizations are no lessattentive to the relaxation needs of practicing attorneys. TheVirginia Bar Association has for years taken up residence inthe summer at The Homestead and in the depths of winterbefore the fireside at Colonial Williamsburg. Their superbeducational programs are matched by the familiar,breathtaking and luxurious surroundings in which they arepresented. http://www.vba.org/calendar.htm

The Virginia Trial Lawyers Association annually takes itsshow on the road to the roots of our jurisprudential heritage.

In 2004 and 2005 they sponsored week-long seminars inCambridge, England. In 2007, the experience moved toTrinity College in Dublin, Ireland. This year the programresumes at The University of Edinburgh in Scotland. See thebrochure at the VTLA website: http://www.vtla.com/VA/

Senior lawyers have other delectable choices through theAmerican Bar Association’s Senior Lawyers Division. Theirofferings are always well-planned and well-appointed. A fewof the 2008 offerings include a cruise on the Baltic Sea, theVerona Opera Festival, Oktoberfest in Germany and theCzech Republic, a cruise to the Mexican Rivera, an EasternSeaboard cruise on the Queen Mary 2, and [my personalfavorite] a rail journey from Denver to San Francisco on theGrandLuxe Express [formerly The American Orient ExpressRailway]. http://www.abanet.org/srlawyers/

For something less ambitious but no less thrilling, considerjoining the ABA’s Senior Lawyers Division in their annualpilgrimage to the United States Supreme Court to sponsor upto 50 applicants for admission before our highest court. TheSLD provides the sponsorship and arranges tours, dinnersand transportation around Washington, D.C., culminatingwith your swearing in before the Justices of the United StatesSupreme Court. Although membership in the Bar of theUnited States Supreme Court is hardly a necessity for the vastnumber of practitioners in the United States, it is a delightfuland moving gift to yourself [or someone you esteem] and a bitof recognition for a professional life well-lived. Contact thedelightful Angela Boykin at the ABA atboykinaa@staff.abanet.org.

It seems so benign to say that all you have to do to become aSenior Lawyer in Virginia is to reach the age of 55 years. Formost of us who have done that, 30 of those 55 years werefilled with 60+ hour work weeks, missed meals, sleeplessnights and the emotional roller coaster from elation to despairand back again. Whether your professional life is at either ofthose extremes or on the level near the station, recall theadvice of those great philosophers, The Eagles: …lighten upwhile you still can…. Book one of these trips – soon. Andtake some time off. You’ve earned it! G

Time Off for Good BehaviorGeorge Warren Shanks, Attorney at Law and Chair, Senior Lawyers Conference

In a life consumed with resolving the problems

of others, it is often difficult to let go, even for

a moment, to truly relax, refresh and reflect.

I f you closely follow the headlines you may wonder howlow income families and marginally employed Virginianscan possibly cope with the myriad known, emerging, and

unforeseen challenges prevalent or over the horizon. Eager toreach out to those in need, you may also wonder what typesof support (such as legal malpractice insurance, etc.) are inplace for seasoned lawyers who seek a good match betweentheir professional skills and interests and those who mightbenefit from their application.

Indisputably, the Commonwealth has enjoyed a long andhonorable tradition of commitment to service by her “citizenlawyers.” And, as a new generation of former activists - withadmittedly diverse philosophical orientations – becomespension-eligible, it seems timely and prudent to shareinformation about some of the newer efforts to identify andaddress under served populations. Placement opportunitiesabound and there are, of course, many exciting serviceoptions for younger practitioners as well as thosecontemplating semi-retirement or a reduced fully-compensated workload.

Pro Bono and reduced fee legal services are delivered inVirginia and nationally across a continuum – they range fromtriage efforts for individuals facing abuse and other calamitiesto well-orchestrated standby clearinghouse referral programsthat operate community-wide to bring nonprofitstransactional help.

Virginiaforec losureprevent ion.com

Sometimes an individual is in trouble, often a family is, andless often a whole community or state. With regard to thelatter, identifying problems, including those of a financialnature, and preparing for and implementing response andrecovery measures are often matters of degree. For example,in some areas, like hard-hit Ohio, crisis management is on thefront burner. There, the state supreme court and barassociation are engaging with the governor, attorney general,

legal aid, and others in a multi-agency foreclosure preventioneffort called “Save the Dream.” In that Midwestern state,calendar year 2007 brought more than 83,000 newforeclosure court filings, a record. See, www.ohiobar.org/.

In Virginia, fall-out to date from the housing crisis has beenless widespread. In 2007, approximately 24,000 foreclosureswere tracked statewide, with significantly more expected inthe current year. If you want to volunteer to help yourfellow Virginians keep their homes, go tohttp://www.vsb.org/site/pro_bono/national-homeownership-month, or visit www.Virginiaforeclosureprevention.com (foradditional information about participating in “VirginiaMortgage Clinics.”)

You can also easily find training on foreclosureprevention. The VSB Access to Legal Services Committee,co-hosted along with the bar’s Section on the Education ofLawyers, sessions on residential housing foreclosureprevention during the May 22–23, 2008, Pro Bono & Accessto Justice Conference. Call the VSB at (804) 775-0548 forinformation about training tapes or CDs from the event.

Donna Bausch, Law Librarian at the Norfolk [Public] LawLibrary, has written an excellent piece entitled “Your SecondSeason of Service is Just Beginning” for VSB’s April VirginiaLawyer magazine. The article appears on page 46 of the Aprilissue. See http://www.vsb.org/docs/valawyermagazine/vl0408_vall.pdf .

Direct inquiries to: Renae Reed Patrick, Chair, VSB SpecialCommittee on Access to Legal Services or to Maureen K. Petrini,Director, VSB Access to Legal Services at (804) 775-0522

Both mailing addresses are c/o Virginia State Bar, 707 EastMain Street, Suite 1500, Richmond, VA 23219.

Also, a fuller version of this article appears online in the SLCNews electronic format. To access it, please seehttp://www.vsb.org/site/pro_bono/slc-news-sp08 G

Page 6 Spring 2008

Emerging Service Opportunities for Seasoned LawyersRenae Reed Patrick, Chair, VSB Special Committee on Access to Legal Services and

Maureen K. Petrini, Director, VSB Access to Legal Services

VISIT THE SENIOR LAWYERS CONFERENCE WEBSITEPlease visit the Senior Lawyers Conference at www.vsb.org/slc. This site contains a wealth of

information, including newsletter archives, valuable links and other resources which will help youpersonally and in your practice. Please visit often for new information. Thank you.

S ince the establishment of the Senior LawyersConference (SLC) in 2001, as one of the SLC’s coreprograms, the SLC has worked to encourage and to

help Virginia lawyers to plan to protect their and their clients’interests in the event of the lawyer’s disability, death, or otherdisaster (and thereby to avoid receiverships). As part of thateffort and as a service to the Bar, I have presented Ethics CLEprograms to local and specialty bar associations throughouthe Commonwealth. More about those CLE programs andabout how to schedule them appears at the end of this article.

In November of 2003, the Virginia State Bar ReceivershipTask Force was established to study the costs and proceduresinvolved when receivers are appointed to terminate the lawpractices of deceased or impaired attorneys, or of attorneyswhose licenses to practice law have been suspended orrevoked under circumstances that would preclude theirfurther involvement in client matters, or with client funds inpossession of the law practice. The Task Force focused on theissues of costs of receiverships, qualifications andresponsibilities of receivers, insurance for receivers, and therelevant Virginia Code Sections. The Task Force examinedthe Virginia statutes dealing with receivers for law practicesand drafted amended Code Sections 54.1-3900.01 and 54.1-3936, and 2.2- 1839, all of which were passed by the GeneralAssembly and signed by the Governor in 2005. The TaskForce prepared a Handbook for Receivers to assist receiversfor law practices throughout the Commonwealth inperforming their duties, and to lend uniformity toprocedures statewide. When an attorney is appointed as aReceiver, then the Receiver will receive a copy of theHandbook from the VSB. In support of the VSB’s and theSenior Lawyers Conferences’s efforts to encourage lawyers toplan for their own disability or death (and thereby to reducethe need for the appointment of receivers), the ReceivershipTask Force, in conjunction with the Standing Committee onLegal Ethics, proposed a new Comment [4] to Rule 1.3 ofthe Rules of Professional Conduct, which was debated byVSB Council at its meeting on October 20-21, 2005,amended, and recommended to the Virginia Supreme Court.The Virginia Supreme Court modified the proposed newComment [4] and adopted the amendment, effectiveFebruary 28, 2006, as follows:

“[4] A lawyer should plan for client protection in theevent of the lawyer’s death, disability, impairment, or

incapacity. The plan should be in writing and shoulddesignate a responsible attorney capable of making, andwho has agreed to make, arrangements for the protectionof client interests in the event of the lawyer’s death,impairment, or incapacity.”

In support of members of the Bar in planning in compliancewith Comment [4] to Rule 1.3, and in furtherance of theSLC’s goal of encouraging and assisting lawyers in doing such

planning, local and specialty bar associations can arrange tohave the Ethics CLE program presented to their members.The program may be presented as a one, one and one half, ortwo hour program, and the program qualifies for full MCLEEthics credit. The program is presented at no charge, and istitled, “Protecting Your And Your Clients’ Interests In TheEvent Of Your Disability, Death, Or Other Disaster”; itprovides practical advice and forms for the lawyer’s use indoing the planning. This program has been presented to localand specialty bar associations all over the Commonwealth,and is available to your bar association. To arrange for thisprogram for your bar association, please call Mrs. Pat Sliger atthe VSB, at (804) 775-0500. G

Senior Lawyer News Page 7

Protecting Your And Your Clients’ Interests in TheEvent of Your Disability, Death or Other Disaster

Frank O. Brown, Jr., Past Chair, Senior Lawyers Conference and Attorney at Law

Are you prepared to

protect your and your

clients’ interests in the

event of your disability,

death, or other disaster?

F our Virginia Senior Lawyers have recently beenrecognized for their professional achievements:Ronald Bacigal, Edward D. Barnes, Phyllis C. Katz,

and Roger C. Wiley.

Ronald Bacigal

Attorney. Educator. Scholar. Author. Leader. RonaldBacigal can be referred to by many titles, all of which reflect a careerthat has left an imprint on his peers, his students, and thelegal system. Now another title is added to this list: honoree.Bacigal, a professor of law at the University of RichmondSchool of Law, has been named the 2008 recipient of theHarry L. Carrico Professionalism Award.

The award, which was presented by the Criminal Law Sectionof the Virginia State Bar, on February 15, 2008, at the 38thannual Criminal Law Seminar in Williamsburg, recognizesindividuals who have made singular and unique contributionsto the improvement of the criminal justice system in Virginia. “Professor Bacigal has exhibited an unyielding commitmentto quality and integrity, along with a dedication to the highestideals of professionalism at the bench and bar in Virginia andelsewhere,” wrote Robert E. Shepherd Jr., emeritus professor

of law at the University of Richmond, in his nomination ofBacigal for the award. “There are few people in Virginia whohave had such a profound positive impact on the criminaljustice system as Professor Bacigal,” Shepherd wrote.

A graduate of West Virginia’s Concord University andWashington and Lee University, as well as a former FulbrightScholar in international law to The Hague, Netherlands,Bacigal’s distinguished career has taken him from U.S.District Court law clerk to instructor at the Judge AdvocateGeneral’s School, to University of Richmond law professor, atenure that has endured for almost four decades. He has beenrecognized twice as a Distinguished Educator at theUniversity of Richmond, and received the OutstandingFaculty Award from the Virginia State Council of HigherEducation in 1990.

In 1975-76, while on a leave of absence from teaching,Bacigal served as the executive director of the Virginia TaskForce on Criminal Justice Standards and Goals, and for thepast six years, he has been the reporter on criminal decisionsfor the Virginia Court of Appeals. The author or co-authorof more than nineteen books and almost fifty articles, Bacigalhas penned principal texts on criminal law and procedure forjudges and attorneys, as well casebooks on criminalprocedure that are widely used in law schools and paralegalprograms across the country.

Bacigal has lectured on criminal law and procedure, and isnationally recognized as one of the leading scholars onFourth Amendment law.

“There is no one in the Commonwealth who is called uponmore frequently by lawyers, judges and the media forquestions relating to criminal law and procedure and he hasalways been willing to dedicate his time to furthering thecause of an efficient and fair system of criminal justice in theCommonwealth,” Shepherd wrote.

The Harry L. Carrico Professionalism Award was establishedin 1991 by the Criminal Law Section of the Virginia StateBar. The award is made in honor of The Hon. Harry L.Carrico, former chief justice of the Supreme Court of Virginiaand Richmond Law Visiting Professor of Law and CivicEngagement, who exemplifies the highest ideals andaspirations of professionalism in the administration of justicein Virginia.

Page 8 Spring 2008

Four Virginia Senior Lawyers Receive Prestigious Awards

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Edward D. Barnes

Edward D. Barnes, a family lawyer in Chesterfield and thefounding chair of the National Center for Family Law at theUniversity of Richmond, has been named the 2008 recipientof the Lifetime Achievement Award, presented by theVirginia State Bar’s Family Law Section.

The award recognizes persons who have demonstratedexcellence and integrity and have made a substantialcontribution to the practice of family law in Virginia. The2008 award was presented during the section’s annual FamilyLaw Seminar on April 25, 2008, in Richmond. Attorneyswho nominated Barnes for the award emphasized hiscontributions to continuing legal education and to his almamater, the University of Richmond School of Law. Thatservice was recognized by the school in 2006, when it gavehim its Alumni Award. Nominations also praised hisprofessional leadership through the VSB Family Law Section,the American Academy of Matrimonial Lawyers, and theMetro Richmond Family Law Bar Association. He also is afellow of the London-based International Academy ofMatrimonial Lawyers. He has been a lawyer for almost 37years. Barnes’s partner, Lawrence D. Diehl, singled out theformation of the National Family Law Center as a crowningachievement. Barnes developed the concept with Rodney A.Smolla, then of UR and now dean of the law school atWashington and Lee University. Barnes made a significant

financial commitment to the center’s funding. He now servesas chair of its board of directors, made up of Virginia andnational leaders in family law.

“This is a mammoth undertaking with national significancereaching beyond ‘the administration of family law in theCommonwealth of Virginia,’” wrote attorney Donald K.Butler of Richmond. The national center hosted its debutconference in September 2007. The center will conductresearch, participate in development of public policy and lawthat affect families, and provide clinical experience to URstudents and legal services on family law issues to low-incomepeople in the Richmond area. Starting in September 2008,UR law students can opt for a certification in family lawthrough the center.

Barnes is founder and chief executive officer of law firmBarnes & Diehl PC. He received a bachelor’s degree fromEast Carolina University in 1966 and a law degree from URin 1972. He was a first lieutenant in the U.S. Army Corps ofEngineers from 1966 to 1969.

Phyllis C. Katz

Phyllis C. Katz, a Richmond attorney who co-founded theLegal Information Network for Cancer (LINC), is therecipient of the 2008 Lewis F. Powell Jr. Pro Bono Awardfrom the Virginia State Bar.

Senior Lawyer News Page 9

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The award is bestowed by the VSB’s Committee on Access toLegal Services to recognize dedication to development anddelivery of pro bono services that benefit poor andunderserved persons in Virginia. The award was named forthe late U.S. Supreme Court associate justice fromRichmond. During two personal bouts of cancer, Katz“discovered that there were hundreds of patients in CentralVirginia in a similar battle for whom the legal complexities ofdiagnosis, treatment, and survival were daunting, and whowere not getting adequate legal advice due to ignorance,confusion, and/or financial condition,” wrote C. ThomasEbel, then-president of Sands Anderson Marks & Miller,which nominated her for the award. Katz practices in thefirm’s local government law practice group.

Katz and Ann C. Hodges, a University of Richmond lawprofessor, founded LINC to provide legal counsel to personsin that situation. Now, 12 years later, LINC has 90 volunteerattorneys throughout the state, Ebel wrote. More than 3,000low-income cancer patients have been guided through thecrisis brought about by their cancer diagnoses.

Since Katz came to Virginia in 1978, her many other civiccommitments include serving on boards for HousingOpportunities Made Equal, the Institute on Philanthropy atthe UR School of Continuing Studies, CommonwealthCatholic Charities, the Massey Cancer Center at VirginiaCommonwealth University, the YWCA of Richmond, andthe American Cancer Society. Since 1997, she has taughtclasses in VCU’s Especially for Nonprofit Organizationsprogram and a course on nonprofit law at the UR School ofLaw. Katz holds a bachelor’s degree in political science fromRutgers University, a master’s in urban and regional planningfrom Ohio University, and a law degree from UR.

The Powell Award was presented during the VSB’s Pro Bonoand Access to Justice Conference on May 22, 2008, at theWashington and Lee University School of Law in Lexington.

Roger C. Wiley

Roger C. Wiley Jr., who has worked for Virginia and localgovernments during most of his thirty-eight year career, hasbeen named the 2008 recipient of the Tradition of ExcellenceAward by the Virginia State Bar’s General Practice Section.

The award recognizes a lawyer who embodies the highesttradition of personal and professional excellence and who hasbenefitted a community and enhanced the esteem of generalpractice attorneys in Virginia. It will be presented by thesection on June 21, 2008, at the Virginia State Bar AnnualMeeting in Virginia Beach.

Wiley now practices with Hefty & Wiley PC in Richmond,where he represents local government clients and handlesstate constitutional and legislative issues.

He twice has worked for the Virginia Attorney General’sOffice – first as an assistant counsel to the VirginiaDepartment of Highways and Transportation, and morerecently as a senior assistant serving as chief of opinions andthe local government section.

Raised in Pittsylvania County, Wiley received his bachelor’sand law degrees from the University of Virginia.

He started his law career at the Virginia Division ofLegislative Services, served for almost 14 years as city attorneyfor Charlottesville, and practiced for three years with Paxson,Smith, Gilliam and Scott in Charlottesville, where he focusedon land use and other local government-related matters.

He was nominated for the award by Jan. L. Proctor, presidentof Local Government Attorneys of Virginia Inc., of whichWiley served as a founding member and past president. Healso is a past member of the Board of Governors of the VSBLocal Government Section.

Proctor wrote that, with Wiley’s broad experience working forgovernments, “Roger has very much been engaged in thegeneral practice of law in every sense of that phrase.” G

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Award Winners continued from page 9

O ne of the very real Virginia State Bar success storiesis the Senior Law Day Program, which was begunin Covington by the Alleghany-Bath-Highland Bar

Association on May 24, 2005. A panel of lawyers from thatbar association, including one General District Court Judge,divided up the material in the Senior Citizens Handbook, apublication of the Senior Lawyers Conference (SLC), andpresented the program to an audience of about 100 seniorcitizens in the Circuit Courtroom. After that successful start,the Senior Lawyers Conference, in September 2005, adoptedthe Senior Law Day Program asone of its flagship programs andhas provided a “blueprint” tolocal bar associations to enablethem to present Senior Law DayPrograms for the senior citizensin their communities. One of thebeauties of the program is thateach local bar association cantailor its individual program tothe particular needs of the seniorcitizens in its community. Usingour blueprint, local barassociations all over theCommonwealth have presentedone or more Senior Law DayPrograms, including, to nameonly a few: Smyth County Bar,Henrico County Bar, NorthernNeck Bar, Harrisonburg-Rockingham Bar, HamptonRoads Bar, McLean Bar, and Roanoke County Bar. In myjudgment, the programs are “win-win-win.” The seniorcitizens “win” because they are receiving information aboutlegal issues affecting their lives which they otherwise mightnot receive. If you have been present for or have participatedin one of these programs, you know how attentively andappreciatively the senior citizens receive the program andhow interested they are in the subject matter. The program isalso a “win” for the lawyers and their bar associations becauseit is impossible to be a part of one of these programs and notsee the enormous good that is being accomplished. To beable to give information to senior citizens and know thatthey are receiving information vital to their well being is arewarding and professionally satisfying thing to do. Theprogram is also a “win” because it raises the image of the

lawyers, the legal profession, and the bar associations in theeyes of the public. Each bar association which has put onsuch a program has found it to be well-received by the seniorcitizens and uplifting for the lawyers involved. I cannot tellyou how many people who heard our program on the radioor who read about it in the newspaper, came up to methanking our bar association for putting on the program.With so many negative remarks about lawyers beingbantered about in public, it is nice to receive that kind ofpraise and positive feedback.

For those bar associationswhich would like to do aSenior Law Day Program, theSLC has a “blueprint” of theprogram which was put on bythe Alleghany-Bath-HighlandBar Association. It also hasinformation from theHarrisonburg-RockinghamBar Association which put ona first class Senior Law DayProgram with approximately300 people in attendance;that bar associationconducted its program in alarger facility, solicited anumber of paying sponsorsfor the program and obtainedthe cooperation of bothsenior citizen groups and the

churches. It was a great success - and even raised funds forlegal aid in the process. If your bar association obtainsinformation about both of those programs, it will have all thatit needs to put on a successful program of its own, and to helpthe senior citizens in your community.

If your bar association does decide to put on a Senior LawDay Program, I suggest that you involve some of your judges,along with lawyers in your bar and both senior citizens groupsand churches. Coverage by radio stations and newspapers isalways a big plus. If you are interested in this program, pleaseget in touch with Mrs. Pat Sliger, the liaison between theVirginia State Bar and the SLC. Call her on (804) 775-0500and ask for copies of the planning materials. Good Luck! G

Senior Lawyer News Page 11

The “Senior Law Day Program”—A Win-Win-Win Program

William T. Wilson, Past Chair, Senior Lawyers Conference and Attorney at Law

One of the beauties of the

program is that each local bar

association can tailor its

individual program to the

particular needs of the senior

citizens in its community.

Virginia State BarEighth & Main Building707 East Main Street, Ste. 1500Richmond, VA 23219-2800

PRESORTSTANDARD

U.S. POSTAGE PAIDRICHMOND, VAPERMIT NO. 709

5Frank O. Brown Jr. of the SLC recently presented the Ethics CLE “Protecting Your And Your Clients’ Interests in The Event of YourDisability, Death or Other Disaster” to the members of the Fairfax Bar Association (left) in Fairfax and the Winchester-Frederick CountyBar Association (right) in Winchester. Bar Associations can help their members by scheduling this CLE. See page seven of this newsletter.

Bar Associations Can Help Their Members ProtectTheir And Their Clients’ Interests in The Event of

Disability, Death or Other Disaster