OYEZALEXANDRIA

BAR ASSOCIATION

Volume 29, Number 5 Nov 2011

President’s LetterIN THIS ISSUE:234567891012

Judge Haddock’s Portrait Highlights of Council MeetingMiss MalloryGeorge Fath RememberedLaw Library NewsGet Involved with your FoundationBoy Scouts Attorney of the YearMentors’ DinnerSenior Citizen Law DayCalendar

NEW MEMBERS Please welcome: James ZelloePeter HawkinsMary BramCarolyn AbbateJennifer GniadyCary CitronbergMerdith HudsonLavonda Graham-Williams

RETURNING MEMBERSGregory MurphyGregory English

ANNOUNCEMENTSCongratulations to: Carolyn Grimes of Lieblich and Grimes, Todd Pilot of The Trademark Institute, and John Tran of DiMuro Ginsburg on their selection by Virginia Lawyers Weekly as Leaders in the Law for 2011. Their accomplishments were celebrated at a dinner in Richmond on October 20th.

Please send us your announcements!

For those of you were able to join us on the Ms. Mallory, we were privileged to hear from our guest speaker, Virginia State Bar President, George Shanks. One of Mr. Shank’s platforms for his term is to promote mentorship within the Bar. Mentorship has always been an important part of the Alexandria Bar Association and in October we celebrate our Mentorship program and our seasoned mentors at our membership dinner. Members often tell us that one of the most important benefits of membership in the Bar is access to the Mentor’s list. We have many younger members and many members who are

working in solo practices. The ability to contact an experienced attorney within their practice area is a valuable resource. It is a way to talk through a challenging case, look at a legal problem from a new angle, or a way to ask about resources that may be available, including referrals to another attorney who could assist.

We have a wonderful group of Mentors who have agreed to make themselves available for questions or to be a resource, but there is always room for more. I often hear from attorney’s who I talk to about mentorship, “I’m too young to be a mentor.” There is no age requirement for being a mentor. The only requirement is the willingness to make yourself available. Even attorneys with only a few years of experience in a particular practice area can be of assistance to a new attorney. Building a mentoring relationship can be mutually beneficial. It is important for the mentees to share success stories with the mentors and to let the mentors know how important their time and efforts are to the mentee. It is also a way for mentors to improve their own communication and leadership skills.

The Alexandria Bar takes great pride in our sense of community and collegiality. If you want to do more to engage with other professionals in your field and become more involved in the bar, please consider joining our mentor’s list. You can sign up by emailing the bar office at alexbar@alexandriabarva.org.

In November, in the spirit of Thanksgiving, we will also be promoting other opportunities for our members to engage with our community. There will be several special guests at our November membership meeting. We have invited representatives from Habitat for Humanity, Space of Her Own, SCAN, ACT for Alexandria, and Senior Services of Alexandria to talk about their programs and opportunities for individuals and groups to become involved. It is a way to learn about the many needs of people in our community and to celebrate all of the good work that is being done. We hope members will find this inspirational and motivationa—all while enjoying Charlie’s Thanksgiving feast! The next membership meeting will be held on November 17th beginning at 6:00 pm at the American Legion Hall I certainly look forward to seeing everyone there.

Heather Jenquine, President

2

2011-2012 EXECUTIVE BOARD

OFFICERSHeather N. Jenquine, PresidentKathleen M. Uston, President-ElectSean Schmergel, SecretarySarah McElveen, TreasurerBarbara S. Anderson, Past President

BOARD MEMBERSStephen C. SwiftNicholas GehrigShelly ColletteDavid Lord

EXECUTIVE DIRECTORSSidoux Mitchell Mary Burgess

BAR OFFICE HOURS9 am to 3:30 pmMonday to Friday

LAWYER REFERRAL SERVICE9 am to 3:30 pmMon, Tues, Thurs, FriClosed Wednesdays

THE ALEXANDRIA BAR ASSOCIATION520 King StreetSuite 202Alexandria, VA 22314

703.548.1106 tel703.548.1105 lrs703.331.5683 fax

Alexbar@alexandriabarva.orgAlexandriabarva.org

Established 1928

Pictured are from left, Henry Wingate, the artist, Judge Haddock, the portrait, and Judge Haddock. The portrait has been completed and been sent to New York for framing. After being framed but before the official unveiling, the artist will borrow the portrait for an exhibition.

portrait of judge haddock

Portrait FundContributions to the portrait fund can be made to the Alexandria Bar Association with a notation that the check is for the portrait. All donations will be listed in the program for the dinner and later at the unveiling.

Our thanks to: Barbara and Alan Anderson, Plato Cacheris, John B. Connor, Stephen Mitchell, Michael Paturis, and Jonathan Westreich and to the firms of DiMuro Ginsberg; Dingman Labowitz; Grenadier, Anderson, Starace, & Duffett; The Hudgins Law Firm; Leiblich & Grimes and William G. Thomas for their generous donations.

3

Highlights of the October 21, 2011, Virginia State Bar Council Meeting

At its meeting on October 21, 2011, in Winchester, the Virginia State Bar Council heard the following significant reports and took the following actions:

Rules 7.1-7.5, Regarding Advertising The council unanimously approved amendments to Rules 7.1-7.5 of the Rules of Professional Conduct proposed by the Standing Committee on Legal Ethics and by the Executive Committee. The proposed amendments would make these rules more general in their application by removing the specific examples of lawyer advertising statements or claims from the body of the rules to the comment section. They would also remove unnecessary and redundant language.

Council members engaged in a spirited discussion on Rule 7.3, which maintains the requirement that

advertisements targeted to potential clients known to be in need of legal services be labeled “ADVERTISING MATERIAL.” Ultimately a motion to eliminate that requirement failed.

Rule 1A:3, Regarding Reciprocity AdmissionsThe Rule 1A:3 Study Committee received numerous comments in response to the proposed revisions to Virginia Supreme Court Rule 1A:3 and Part 6, § IV, ¶ 13-6(F) that would change the current procedure for revoking certificates issued to lawyers admitted to practice under the reciprocity rule. Many of those comments addressed admissions issues within the jurisdiction of the Court. The committee referred the comments to the Court and will wait for further direction.

Resolution The council approved without dissent a resolution honoring Justice Cleo E. Powell.

Council received a report on the proposed codification of the Virginia rules of evidence. The Virginia Supreme Court presented the rules to the Virginia Code Commission and the General Assembly will consider them during its session.Alexandria is well-represented on Bar Council: Carolyn M. Grimes, Alan S. Anderson and Jean Kelleher Niebauer are the three elected members representing the 18th Judicial Circuit; Robert L. Calhoun has a seat at the table, representing the Senior Lawyers Conference; and Todd A. Pilot is a Member-At-Large. Jean is also serving on the Executive Committee for 2011-12.

4

Dinner Meeting aboard Miss Mallory

Thursday, September 15th was a stormy, windy and rainy day. But that didn’t keep the bar association from gathering at the Old Town dock for a dinner meeting aboard the Potomac Riverboat Company’s the Miss Mallory for our third annual 1st meeting of the year.

The guest speaker was Virginia State Bar president George Shanks, accompanied by his wife Janice. He talked about his experiences as a private attorney, bar president and emphasized the importance of mentorship. He encouraged Virginia lawyers to stand for public office. His article in the October 2011 issue of Virginia Lawyer addresses the same themes.

The river is a great place to be, and as the weather calmed down and the skies cleared, we were treated to a rainbow off the stern and a beautiful sunset. The floating buffet dinner of heavy hors d’oeuvres was catered by A Thyme & Place.

Thanks again to our generous sponsors Grenadier, Anderson, Starace & Duffet for making the ride possible.

Judge Giammittorio and Ilona Grenadier

Rosemary G. O’Brien, Herman Lutz and Todd Pilot

George Shanks and Heather Jenquine

Heather Jenquine and Arthur Peabody

Barry Diamond and Barbara Anderson

5

george fath remembrance

When I came to the bar in 1966, George Fath had his practice at 125 South Fairfax

Street—I later learned that he actually owned the building! (I had never known a lawyer who

owned a building.) That block was populated by Denis Ayres, Dan O’Flaherty, Cullen Jones

(on Thursdays), Nick Colasanto and many others because the courthouse was then in the 100

block North—home to Stanley King,Martin Bostetter, Earl Wagner, Sam Scariot, Mike Jamgo-

chian and others.

George was a regular at the Alexandria Bar meeting on Thursday night. I recall he was

Treasurer of the Association at one time. He kept track of all his time—a concept that would

not come into practice until years later. He was careful and serious and not very much got by

him. He had six or more children and he did not believe in life insurance.

In those days there was an organization called the Alexandria Lawyer’s Wives—later

called the Auxiliary. There were no female members of the Bar save Judge Irene Pancoast

and Lynn Clausen. There was also an Association of legal secretaries.

Both the Bar and the secretaries nominated, each year, their favorite candidate for

“Secretary of the Year” and “Boss of the Year”. George Fath was an early winner and soon

thereafter his long time secretary Margie, became Secretary of the Year.

Law firms were the exception in those days. Most attorneys were sole practitioners

like George. An exception was Davis & Ruffner, but all they did was real estate settlements.

There was never any prejudice against sole practitioner—they were in the majority.

George worked long and hard. He was never too busy to answer a question or help

a new lawyer. Indeed, it is attorneys like George who gave the Alexandria Bar our now richly

deserved reputation of generous mentoring to our younger members.

One day George stopped me on the street and told me he was giving up practice. “I

am going to coast for a while,” he said. The “coasting”, it turned out, was being a full-time

Administrative Law Judge in Washington. During this period of George’s career and his well

deserved full retirement, he consistently referred cases to me in the areas where I practiced.

Though he was a tough adversary, George was always pleasant and civil if he turned

up on the other side of your case. He and his wife were regular attendees at the famous New

Year’s Eve parties given by Henry and Bobbie Thomas. He was one of my early mentors and I

will miss him.—

by Gordon Peyton

6

alexandria law library receives gifts new in the libraryCourt Administrator Diane Fiske has donated a beautiful mirror for the Grenadier Room, the conference room adjacent to the law library.

Library board president, Michael Zupan, unveiled the mirror at the board’s September meeting.

Coldwell Banker Realtor Patricia Cunningham was so pleased with her lawyer that she wanted to do something to honor him. He had represented her in a real estate transaction and, as is her custom, she wanted to do something to show her appreciation. Deborah Matthews, a friend of the library, suggested a donation to the Alexandria Law Library.

The library used the donation to purchase a much-needed sofa table for the Grenadier Room, keeping the donation a secret from the lawyer until days before the table’s unveiling in September.

Casey Forrester was surprised and delighted to be reunited with his client for the unveiling of the table during the library board’s annual meeting. “He is an example to us all on how to treat relationships with our clients,” said board member Tamika Jones.

Michael Zupan, Priscilla Bornmann and Tamika Jones.

Patricia Cunningham, Casey Forrester, and Michael Zupan.

The Alexandria Law Library has expanded the scope of its Maryland collection to include the Maryland Code and numerous treatises, including:

• Maryland Practice Forms• Maryland Lawyers’ Manual• Maryland Divorce & Separation Law• Appellate Practice for the Maryland Lawyer• Pleading Causes of Action in Maryland• Gordon on Maryland Foreclosures• Maryland Damages• Maryland Jury Instructions• Maryland Criminal Law• Maryland Motions in Limine• Burks Pleading and Practice• Lile’s Equity Pleading and Practice• Interrogatories and Depositions in Virginia (Bryson)

thanksThanks to a generous donation from Sharon Nelson and Sensei Enterprises, the library now has VADER (Virginia Attorneys’ Divorce Electronic Reference) software. VADER contains worksheets to help users prepare divorce cases in Virginia. For example, VADER’s support worksheets automatically calculate guideline child or spousal support for any level of combined income in accordance with Virginia law.

Thanks to a generous donation from Dorathea Peters in memory of James Mullins, the library’s print collection now includes: West’s Supreme Court Reporter through 2004. Ms. Peters’ gift also included several treatises of historical significance.

WestlawNext Has ArrivedThe Alexandria Law Library is pleased to announce that it now offers free patron access to WestlawNext, a more intuitive, you-centric research system.

Tested for the last few years in top-tier law schools, WestlawNext speaks the same language you do: human. “It’s just easier to use,” said librarian Christine Hall. “It delivers all of what you’re looking for without having to choose where the answer is before you start.”

“We know you love Westlaw and LexisNexis,” said Hall, “and we still have them. We’re just offering more choices.

Library benefactor and Old Town lawyer Dale Sanders was among the first to test drive the new system and thought it was easy to use. Stop by the library and see for yourself.

7

As you may know, the Foundation is the non-profit arm of the Alexandria Bar Association, and is a volunteer, nonprofit, charitable and educational organization. One program that is timely as school starts back up is the Howard Fellowship program, which enables local area law students to clerk for the Alexandria Office of the Public Defender. The Foundation has also funded grants to charitable organizations that serve residents of the City of Alexandria. A sample of past grant recipients include the Alexandria Volunteer Bureau and SCAN (Stop Child Abuse Now). Over the years, the Foundation has also made contributions to various programs, including funding the John Grad Scholarship for a T.C. Williams High School student interested in the law and dispute resolution.

Get Involved with the Alexandria Bar Foundation

The biggest and most notable Foundation program is Beat The Odds, which provides scholarships to Alexandria students who succeed despite the barriers and hardships of growing up in a foster home or having contact with the juvenile justice system. The Beat the Odds program has no overhead costs, with all donations go directly to the scholarships. The Foundation is deeply indebted to the incredible work of the Beat The Odds Committee, which has reached out to all facets of the community about its mission and has steadily increased its fundraising to enable it to award more in scholarships as each year goes by. Now is your chance to get involved with the Foundation! The Foundation is currently seeking new members for its Board of Directors and candidates for

the offices of President, Vice President, Treasurer and Secretary. Voting for new members and officers will take place at the Foundation Board’s next meeting on Tuesday, November 15, 2011 at 8:00 AM in the Grenadier Room. If you are interested in being considered as a new member or officer, please contact one of the members of the Nominations Committee. The committee consists of Judge John Anderson, Judge Lisa Kemler and Todd Pilot. You can also contact Heidi Meinzer, the current President, at (703) 284-7246 or hmeinzer@beankinney.com.

8

The event, held on October 6, 2011 at the Capital Hilton was the National Capital Area Council of the Boy Scouts of America's "Attorney of the Year" luncheon. The award is given to an attor-ney who exemplifies values that the Boy Scouts espouse, such as public service,

Boy Scouts Name Attorney of the year

Seated at the table, from left, Lisa Schenck, Esq. (assistant dean, GWU Law School); Heather Jenquine, Esq. (presi-dent of the Alexandria Bar Association), Gail Curcio, Thomas J. Curcio, Esq. and BSA committee member, Justin Curcio.

At the left, Gerald Schwartz, Esq., Judge Alfred D. Swersky (Ret.) and Judge Becky Moore.

honesty, and integrity. This year's recipi-ent was Stasia Kelly, a partner with DLA Piper in Washington D.C. Past re-cipients include Theodore Olson, Jamie Gorelick,Jack Olender, William Lightfoot, Carolyn Lamm, and Donald Dunner.

please join us!NOVEMBER DINNER MEETING

Meet community partners to hear about the good work they are doing in our community and ways for individuals and firms to be involved.

Thursday, November 17, 2011 6:00 pmAmerican Legion Hall400 Cameron Street, Alexandria, VA 22314

RSVP 703.548.1106alexbar@alexandriabarva.org

9

mentor’s dinnerThe annual Mentor’s Dinner was held on October 20th at the American Legion Hall. Special guests included our Pegasus scholars, Clare Kissin and Radhika Handa from England and many of the mentors of the Alexandria Bar Association.

From left, Ron Stern, Clare Kissin, Heather Jenquine, Radhika Handa, and Rae Fischer, a member of the Pegasus committee, at back. The Barristers spoke briefly about how much they have enjoyed observing U.S. and Virginia courts. They were each given an Alexandria Bar Association membership pin.

Some of our bankruptcy mentors, from left, Ron, Greg Wade, Christine Hall (a former bankruptcy attorney) and Alan Rosenblum.

The Criminal Law table had Dan Rinzel, Tom Carter, Drew Hutchinson, (all men-tors) and two Commonweath attorneys and new members, Jeffrey Burtka and Jessica Smith.

At the Wills, Trusts and Estates table, at left, Katie

Uston, Jonathan Westreich, Foster Friedman, new

member Stephanie Dourado, and mentor Ken Labowitz.

Personal Injury mentors included, from left, Rick Mendelson, Gerald Schwartz, Tom Curcio, and new member Stephen Bergeron.

Ron Stern was presented with the charter for the Pauline Newman Intellectual Property American Inn of Court by Robert Burns, a mem-ber of the newly formed inn of court. Though not an IP attorney, Ron was very much involved with the formation of the new inn.

10

The Estate Planning, Probate and Elder Law Section of the ABA partnered with Senior Citizens of Alexandria to present a very successful forum on the legal needs of seniors. Held at First Baptist Church, 162 citizens registered and had the opportunity to learn first-hand from experts in the field about estate planning and aging issues and gather information to review later and share with families and friends.

The event featured Steve Gurney, publisher of Guide to Retirement Living Sourcebook discussing planning needs with a twist. Since aging begins at conception, everyone is aging, according to Gurney. Retirement really should be viewed as any other graduation but with more experience, knowledge and maturity, and his rich, humorous stories and information really set the stage for the entire event.

ABA panel members Luke Lenzi (moderator), Deborah Matthews, Lonnie Rich and Ken Labowitz capably addressed the consequences of failing to plan and to have estate planning documents to enable someone to step

Successful Senior Citizens Law Day Held October 15th

in and make decisions if we become incapacitated. They also discussed the basic documents everyone should have in place and how they work together to allow our loved ones to care for us and to protect them. Their “talk show” format enabled attendees to ask questions and understand the difficult subject matter, and drew very positive reviews from attendees.

A second panel discussed a multi-disciplinary approach to handling family crisis needs in a blended family with all the pitfalls that can occur. Moderated by Steve Gurney, geriatric care manager, Vanessa Rosengart Bishop, of Elder Care Consultants, financial planner Thomas West, of Thomas West Financial Services, and elder law attorney Robert S. Bullock, of the Elder & Disability Law Center, discussed a real case they handled with a family and how they worked together to meet the long term care and financing needs of the couple and their respective children. Seldom are problems of seniors only legal, financial or medical, so this panel really illustrated

how various professionals need to work together closely.

The framework for Senior Citizens Law Day was created by the Virginia State Bar’s Senior Lawyers Conference, which publishes the Senior Citizens Handbook that was given to all attendees, along with the Guide to Retirement Living Sourcebook. ABA member Robert C. Calhoun chairs the Senior Lawyers Conference and assisted in planning this event. Along with several firms in the financial community, Redmon, Peyton and Braswell, LLC was a generous sponsor. Nine ABA Estate Planning, Probate and Elder Law section attorneys also provided funds to offset the costs of the event and we thank each of you.

Because of the impact of this presentation on planning for long term retirement and care needs, several financial firms contributed to the success of the event financially and by providing information to attendees. We want to thank BB&T, McLaughlin Ryder Investments, Inc., Merrill Lynch, Morgan

Seated at the center, left, Dennis Mersberger, chair of the Lawyer Referral Service, explains how the service can help seniors with estate planning and wills. LSNV’s legal services were also represented at the law day. The panel on wills, trusts, and estates at left, Luke Lenzi, moderator, Barbara

Anderson, Ken Labowitz, Deborah Matthews and Lonnie Rich, all members of the Alexandria Bar Association.

The half day event was well attended.

11

Stanley SmithBarney, PNC Bank, Speck-Caudron Investment Group of Wells Fargo Advisors, and TD Bank for their contributions. A continental breakfast was served, compliments of Whole Foods Market and Safeway, and we thank First Baptist Church for hosting the event and making their facilities available to the community at low cost.

Finally, we thank the various community partners to attended and provided information to attendees: Senior Services of Alexandria, TRIAD and the Alexandria Sheriff’s Department, the Division on Aging and Adult Services, the Department of Recreation, Parks and Cultural Activities, AARP, the Alexandria Bar Association and Lawyer Referral Service, the Virginia State Bar Senior Lawyers Conference, and the Guide to Retirement Living Sourcebook. ABA and Senior Services of Alexandria members, speakers, panelists, and volunteers worked as a cohesive group to make this a reality. Thank you all!—Barbara S. Anderson, Event Chair

Standing with speakers, at center, Barbara Anderson, president of the board for Senior Services, with Steve Gurney on the left and Thomas West at the right.

OYEZThe Alexandria Bar Association520 King Street Suite 202Alexandria, VA 22314

A Publication of the Alexandria Bar Association

PRSRT STDUS POSTAGE

PAIDALEXANDRIA, VAPERMIT NO. 528

Address Service Requested

ALEXANDRIA BAR ASSOCIATION703.548.1106

alexbar@alexandriabarva.orgWe’re on the Web!

Alexandriabarva.org

JanuaryJan 5 January OYEZ deadline Jan 5 Networking Lunch, 12:30 pm Columbia Firehouse, $15 at the door.Jan 10 Board of Directors Meeting, 8:00 am,

Grenadier Room, Law LibraryJan 13 January OYEZ mailedJan 19 Investiture of James C. Clark, 4:00 pm,

Reception to follow Court House, Fourth Floor

November, December January 2011-2012NovemberNov 17 Dinner Meeting 6:00 pm American Legion Hall (sign up sheet for

bench/bar)

DecemberDec 1 Networking Lunch, 12:30 pm Columbia Firehouse, $15 at the door.Dec 13 Board of Directors Meeting, 4:00 pm,

Royal RestaurantDec 15 Bell Ringing 9:00 am - 5:00 pm Bench Bar, 5:30 pm Courthouse