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32 Va. B. News 1 (1983-1984)

handle is hein.barjournals/valaw0032 and id is 1 raw text is: 
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Judicial nominations procedure


adopted by State Bar Council


qpwulsasoa   pba O a    plop C d
koa   irebs opein   brntiii can,
maint  fee muwaeew nt~ (aawl
laM taws
  Mtine   at the Holiday  Ian on
Voits  eah  an the mmmw of low
Se   Sm's 4$tb AnmWa Merrting. the
CAPuemi a iw driwtt*   adopted a
190414  baa budo 4 ofllt.73b.


Governor   Robb  delivers his  address  on June   18, while Chief
Justice  Carrico (right) observes. Lieutenant  Governor  Richard
J. Davis sits at left, and VSB Past President  Waller H. Horsley
sits next to the chief justice.


Improve justice system,

Carrico, Robb urge bar


   The legal profession must find new
and creative ways to address its image
problems and to expand p-blic access
to the justice system. Virginia Gover.
nor Charles S. Robb and  Virginia
Supreme Court ChiefJustice Harry L.
Carrico told more than 300 Virginia
State Bar members. their spouses and
guests in separate addresses as the
Annual Meeting Luncheon on June
18 in Virginia Beach.
  The remarks by Robb and Carrico
climaxed proceedings at the VSB's
45th Annual Meeting.June 16-19. at
the Cavalier and Holiday Inn hotels.
  The Annual Meeting was attended
by a record 636 Virginia lawyers and
judges who.  with  their spouses.
families and guests, brought the total
attendance figure to an all-time high
of more than 1,400 persons.
  Carrico praised the cooperative ef-
fort between the Supreme Court and
the State Bar in developing and enac.
ting during the past year several
significant rule changes, including
the adoption of  a vastly revised
Virginia  Code  of  Professional
Responsibility and the implementa-
lion of the Interest on Trust Accounts
(IOTA) Program (see related story,
this page).
  As to the product of another col.


laborative effort between the high
court and the bar. the legislation
adopted  by   the 1983  General
Assembly calling for the creation of
an Intermediate Court of Appeals in
1985. Carrico sounded an ominous
note.
'See LUNCHEON,   page 6


  The Vaism   s4sr soe Rawuu
Coucil, OOS$M  W  appetiDw a amw
Cnk Odtefw  ooea tauialln
    tudosal %*mn    id Wache
  s   er an's sponismhAsp 01 tok$:I
toanal luabdhst nwqwtsr  aembew
camp&., but drmd until   ms OC
twt mmeit   tonwdiamnC  atwuit
Imrant Mars at, low 1 OR  F   -


ALEX   T. MAYO,   JR.
...Portsmouth  native


wb  Its  11o4.0. or about I pr
tent. moe than LtaM yea's budget
The  191S.84 budget unludes  ap
ptopsons a $o0o.000 f the
Clrnn   Suay FvdW and for   the
paetang and dstentbmioon ofta tesed
Voegama Pofessmonal Handbook.
shsh  will conain the newly adopted
Code of Profamnal  Responaubity.
all Unsuthoused  Practice of Law
nksh and  all fortal and informal
krgal ehics opiimm
  In defewnmg until October con.
sidevsson of she propowed plan for
the cteianon  or legal spec seales in
VI  Ma (see V'uwag   Bar Nears. Vol
It. No  10. Apri 198K. p 11). the
Council (e  that. bcause of the
sgrficant thanges in the practce of
taw iwent  in she plan. It would be
appropeaie to permit local ban and
othet statewide bat groups additional
tume so establish positions on the
plan and make these positions known
so Council
  Additional information on  the
proposed specialization plan will be
published in the August issue of the
Vsswas  Bar Neas -
  In addition so deferning considera.
soon of Formal Legal Ethics Opinion
No  189 dealing with contingent fee
arrangements in family law cases.
Council also rejected by a vote of
)0-18 Proposed Formal Legal Ethics
Opinion No. 190 This proposed opi.
nion stated that. when the- exists
any type of relationship hetween op.
posing counsel which has even th-
potential of affecting the client's
right to loyal h.'d full representation.
the lawyer must .nake full disclosure
of the relationshil, and proceed with
the representatir only after receiv-
ing the client's consent.
  Tw6' of the five members of the
Leg4   Ethics Committee.  which
dralled the opinion, expressed their
view   Stkat. in a situation where
members of*Auclear family. or close

'See COUNCIL. page 4


IOTA program launched in irginiG


  The  Interest on Trust Accounts
(IOTA)  program officially began in
Virginia on July 1. and with its ad-
vent came the prospect of dramatic
increases in the organized bar's abili-
ty to improve the administration of
justice in the state.
  To  participate in the program,
lawyers and firms must simply switch
nominal or short-term client funds
from  non-interest-bearing accounts
into interest-bearing accounts.
  The  interest earned on these ac-
counts will be forwarded by the
financial institutions to the nonprofit
Virginia Law Foundation, which will
disburse the funds to various public
service projects aimed at improving
the administration of justice.


  Much  to the disbelief of many
lawyers, informing the financial in-
stitution to make this change in their
account status is all that is required to
participate in the program. Most, if
not all, lawyers will be able to keep
the same account number when the
change is made from non-interest-
bearing to interest-bearing status.
  The   Virginia Supreme  Court
cleared the way for implementation
of the program when, in March, it
approved changes  in Disciplinary
Rule 9-102 of the Virginia Code of
Professional Responsibility permit-
ting a lawyer to place nominal or
short-term client funds into interest-
bearing accounts.
  The program does not change the


way in which client funds are handl-
ed, since any client funds which are
large enough in amount or will be
deposited in the account for a suffi-
cient duration to more than offset
the lawyer's administrative cost in
handling them must still be placed
into an interest-bearing account for
the benefit of the client.
  To facilitate the smooth operation
of  the IOTA  program, a Special
Commission to Implement the IOTA
Program,  headed by Reginald N.
Jones of Richmond, was appointed
last spring.
  Jones, who as chairman of the VSB
Special Committee  on Trust Ac-
counts headed the effort to establish
*See IOTA, page 8


I


Mayo, Dolan

assume top

VSB posts

   Alex T. Mayo. Jr.. 40. of Norfolk
 assumed leadership of the Virginia
 State Bar as its president and Ad-
 ington lawyer William D. Dolan. III.
 39. was chosen president-elect on
June 18 during the State Bar's 45th
Annual Mceting at the Cavalier and
Holiday Inn hoteh in Virginia Beach.
  President Mayo  succeeds Rich-
mond  lawyer Waller H. Horslcy. 51.
a partner with the firm of Hunton &
Williams. Horsley will serve on the
State Bar's Executive CommitteC and
governing Council during 1983-84 in
his capacity as immediate past presi-
dent.
  Mayo. VSB  president-elect during
1982-83. assumed the presidency of
the 17.300-mcmber State Bar during
the Annual Luncheon at the Cavalier
Oceanfront Hotel's Beach Club when
he was sworn into office by Virginia
Supreme Court ChiefJustice Harry L.
Carrico.
'See LEADERS, page 5


_.  I ri


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