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31 Va. B. News 1 (1982-1983)

handle is hein.barjournals/valaw0031 and id is 1 raw text is: 














Legal ethics opinion, budget


approved by State Bar Council

  In a lengthy five-hour session   ed changes in three more canons of  adopted by various vote margins
which opened proceedinogs at the   the proposed Virginia Code of Pro-  changes in Canions 5 and 6 and] thle
Virgin Ia State Bar's 44th Annual  fessional Responsibility,          remainder of Canion 2. The other
Meeting, the VSB governing Council   Following considerable discussion  portions of Canion 2 had already been              P
on 'June 17 adopted a formal legal  of the Code changes recommended   adopted by Council at its Feb. 5
ethics opini'on affecting the defense  by the VSB Special Committee to  meeting.
cases which a commonwealth's,  Study the Code of Professional
county, city or town attorney may ac-  Responsibility, and consideration of  (Editor's note: For thle complete text
cept, gave its blessing to a budget of  numerous amendments to these pro-  of the disciplinary rules in thle Code
$1,205,220 for 1982-83 and approv-  posed changes, Council members    canons approved by Council, see
                                                              related story, this page.)

                                                                Meeting in Virginia Beach at the     WALLER H. HORSLEY
                                                              outset of the State Bar's fouir-day Ani-  ...Richmond native
                                                              niualI Meeting. June  17-20, fte
                                                              Countcil1-approved buId get o f H   o  r   l    y
                           r                                  S~1,205,220 for the 1982-83' bar year
                                                              is $1 58,108 greater than the 1981.82 H r   l    y
                                                              budget, or anI increase of about 15
                                                                  pecn.The 1982-83 budget in   )     ~t           k
                   f  J                                       d~cudes an appropriation of'$50,000 to  yt           k
                                                              thle VSB Clients,' Scurity Fund.
                  JPart of the budget Increase (c                                            o        c  e
                            S ~fromt the necessity of hiring an addi-
                                                              tional State Bar staff member to) in-Hrsy,0.oRih
                --vestigate Unauthorized Praict                                          If  miond and Alex T, tM ayvo, J r, 3 ), o f
                                                              Law (UPL) and lawyer misconduct    Portsmouth took offic respectively,
                                                              complaints, as well as a secretary to  as Prceiet and Peintlctof,
                 -Abate                                       assist in running the State Bar's word * the 16,500-membelhr Virginila State
                                                              processing center. These additional  Bro  ue1     uigteS     eEr
 Federal Trade Commission Chairman James C. Miller Ill (at             sretaff poins aore the frst oes  44th Annua Meeting aIt the Cavalier
 podium) delivers the VS13 Annual Meeting Luncheon Address             create in  es m or  stha n s he  yers.  and Holiday in hotels InI Virginlia
                on un  1. mmditePat reidntWilim  .  of ad      ven afe ths  w   oiin   rng   Beach.
MPon    f lan te  pomditum. Prsdn       WlimB.Pf         n    the VSB's full-time staff tlo 19 per- President fhorslcy su(ccds
                Mrs.Poffflak th podumsons, the Virginia State Bar will still                 Roanoke lawyer William'l B, Puff,
                                                              have thle smallest staff size per lawyer
S[population of any stae                                                          bar in tie partier in) tihe firi of' W ioods,
                                             W r                                             Rogers, Muse, Walker & Thornton
                C u t or            r     ofF         Ccountry.                            ., sinc 19I Pofw. ereo      h
                                                                Another reason for thle budget In-  Stt Ea' Excui, ofwI eve m ite n
                                                              crease Is the inclusion of' a $50,000  tcBarsIMtI Cnmical(
rulings, M              iller     says                        aprpito     e armake  fr  h    governing CouniT(l in) 1982-83 In hIis
                                                              preparation, publication and   capait a)s Ie diate1 Pst Presidentdo
                                                              distribution of a revised edition of  Hose.VEPsintlctdr
  An earthquake has taken place    Miller stated  that thle federal  the  'Virginia Professional Hand-  Ing 1981-82. assumed the( P~residcy
in this nation's attitude  toward  judiciary's increasing skepticism  of  book, containing the Virginia Code  Cavalie theanfnua tl ' B eoatth
government regulation in the fast  FlC attempts to enlarge thescope of   of Professional Responsibility, UPI. Calie cear  nt    o ote e
                    b ilClub when heswasdsworniinto(office


















several Years, evidenced by 'growing  its regulatory authority is perhaps  Rules and formal and informald legal  b'y Virginia Governor Charles S.
public doubt about the wisdom of best ieflected in the fact that from ethics opinions.       Robb.
many regulatory initiatives, however  1979-81, the courts denied enforce-  An inflation factor of roughly   Ur             tb
well-i-itentioned,  Federal Trade  ment to ten FTC orders, double the  eight percent also a,(Ccounts for part of  th e  irinEec  toat callys
Commission (FT'C) Chairman j,,mes                             thle budget increase.
C. Miller, III told Virginia State Bar 'See MILLER, page 9    '   CONCIL, page 7             'See LEADERS, page 6
members, their spouses and guests;
               on1ne09,           oun       ilfor te1923a                                           i'/


















  Miller's remarks climaxed pro.ts                                           Caod     e
                                                           e                                 m1n. UCoechanges

ceedings at the State Bar's 44th An-                     Xw
nual Meeting, June 17-20, at the
Cavalier and Holiday Inn hotels in Changes in Canons 2, 5 and 6 of to the Code.              (see Virginia Bar News. Vol. 30, No.
Virginia Beach. He spoke during the  the V' ginia Code of Professional  Thus, whereas t   he Code changes  9, March 1982).
Annual Luncheon.               Responsibility were approved by the  approved by Council at its October  The Code Committee will present
  The meeting was attended by a    Virginia State Bar governing Council  1981 and February 1982 meetings  its proposed changes in Canon -7 to
record 620 Virginia lawyers and at irs June 17 meeting in Virginia  were basically those recommended by  the VSB Council for its considration
judges who, with their spouses, Beach.                        the committee, the Canon 2, 5 and 6 and possible adoption at the Oct. 29
families and guests, brought the total  Council members debated  at   changes are a blend of the judgments  Council meeting in Roanoke. The
attendance figure to an all-time high  length the merits of several of the  of Council members, the Code Cor-   committee hopes to have a Final
of more than 1,300 persons.    Canon changes recommended by the mittee and The VBA.         Council-approved  Code  ready
  According to Miller, the attitude  VSB Special Committee to Study the  Council approved in its entirety  following that meeting for submis-
of the  courts toward federal  Code of Professional Responsibility,  the Code preamble recommended by  sion to the Virginia Supreme Court.
regulatory agencies has shifted with  and  ended  up  adopting  some  thle Code Committee.                  The new Code will become effec-
that of the general public in recent  disciplinary rules which are quite dif-  The Council adopted the Code  tive after it has been adopted by the
years, toward an increasing wariness  ferent than those proposed by the  Committee's proposed changes in  high court,
of excessive regulation and, at the  Code Committee. Another factor   Canons 3, 8 and 9 at its Oct. 23, 1981  Probably the most controversial
same time, a growing intolerance of  complicating the Code consideration  mee!ting (see Virginia Bar News, Vol.  change made by Council to the Code
ineffective regulatory action where  process was the submission to Coun-  30, No. 5, November 1981) and in  was in  Disciplinary  Rule (DR)
strong measures and expeditious  cil by The Virginia Bar Association of  Canons 1 and 4 and part of Canon 2  2-105(B), in which Council rejected
treatment are clearly needed.      its report and recommended changes  at its Feb.' 5 meeting in Richmond  'See CODE, page 4

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