Serving the Northern Virginia Legal Community JOURNAL · SMITH, CURRIE & HANCOCK LLP announced on...

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JOURNAL Serving the Northern Virginia Legal Community JOURNAL Newsletter of the Fairfax Bar Association www.fairfaxbar.org January/February/March 2019 Although there are many members of our legal community who generously give their time and legal expertise, the outstanding pro bono efforts of a select few were recognized at the State of the Judiciary Luncheon. The Northern Virginia Pro Bono Law Center each year presents awards to acknowledge those who have made exceptional contributions, and the Fairfax Bar Association presents the James Keith Public Service Award for long-term dedication. This year, the Hon. Michael Lindner, Judge of the Fairfax General District Court, did the honors to describe the work of each recipient and personally thanked each for their contributions. The Pro Bono Paralegal of the Year award was given to Estela Ramirez in recognition of her long-term dedication to volunteerism and pro bono work. Ms. Ramirez began her pro bono volunteer- ing in 2013. She became a volunteer paralegal with the Northern Virginia Pro Bono Law Center’s Neighborhood Outreach Program and has continued since that time. The Neighborhood Outreach Program serves low-income people with legal issues at sites that people can reach conveniently in their neighbor- hoods and are places that are familiar and comfortable for them. The legal providers travel to the communities to better reach out to those in need. In addition, Ms. Ramirez and her family have donated their time to many local various organizations including C.A.S.A.; Fairfax Law Foundation; the Martin Luther King, Jr. Day of Service; Friends of the Occoquan; Salvation Army as red kettle bell ringers; and angel tree project answering phones for a call-a-thon, raising funds for the those who were devastated by hurricane Harvey in Houston, TX; and many more. continued on page 4 By Arlene Beckerman, Esq., Director of Pro Bono Activities APPLICATIONS SOUGHT FOR FBA VICE PRESIDENT AND BOARD OF DIRECTOR POSITIONS The FBA Nominating Committee is currently accepting applications for the positions of Vice President and members of the Board of Directors. Anyone who would like to be considered for Vice President or Director must meet the following requirements: Vice President—Minimum of two (2) years service on the FBA Board; Director—Minimum of two (2) years active participation in a Bar activity, section, committee, or other project. Interested candidates should return their application to the FBA by 4:00 PM on April 5, 2019. APPLICATIONS SOUGHT FOR FBA JUDICIAL SCREENING COMMITTEE The Fairfax Bar Association Nominating Committee is soliciting applications for vacancies on the Judicial Screening Committee. If you would like to apply for one of these positions, or to be considered for an alternate position, please complete an application and submit it to the Nominating Committee of the Fairfax Bar Association by 4:00 PM on Friday, April 5, 2019. You should not apply unless you are certain that you will be able to attend all of the meetings of the Screening Committee and are willing to certify that you understand the time commitment and acknowledgments involved. Generally, the Screening Committee will have one organizational meeting and then meet, as needed, to interview candidates for any judicial vacancies. Judicial Screening Committee members and alternates must agree not to serve on the FBA Screening Panel and any specialty bar screening panels simultaneously, must agree to sign a confidentiality agreement, and must also certify that they will not pursue a vacancy on any bench within one year of serving on the FBA Screening Panel. Please note, prior applications will not be considered. FBA PRO BONO AWARDS

Transcript of Serving the Northern Virginia Legal Community JOURNAL · SMITH, CURRIE & HANCOCK LLP announced on...

Page 1: Serving the Northern Virginia Legal Community JOURNAL · SMITH, CURRIE & HANCOCK LLP announced on January 1, 2019 that BRIGLIAMCLAUGHLIN, PLLC , is merging into Smith Currie. Smith

JOURNAL Newsletter of the Fairfax Bar Association www.fairfaxbar.org July/August 2016

Serving the Northern Virginia Legal Community

2016-2017 LEADERSHIPFairfax Bar Association

OFFICERS AND NEWLY-ELECTED BOARD MEMBERS

Richard A. GrayPresident

Thomas W. RepczynskiPresident-Elect

Christie A. LearyVice-President

Douglas R. KayImmediate Past President

Luis A. PerezTreasurer

Donna R. BanksSecretary

Gina L. MarineDirector

Aaron J. ChristoffDirector

See bios on page 5

Judicial Service AwardsAt the recent Judges’ Conference,

both Hon. David S. Schell andHon. Robert J. Smith, of the Fairfax CountyCircuit Court, were awarded plaques for each

of their 25 years of judicial service.

L-R:

Judge Schell, Chief Justice Lemmons

(who began his career as a Juvenile

Probation Officer in Fairfax County),

and Judge Smith

Joyce Henry-SchargorodskiGeneral Counsel

JOURNALServing the Northern Virginia Legal Community

Newsletter of the Fairfax Bar Association www.fairfaxbar.org January/February/March 2019

Although there are many members of our legal community whogenerously give their time and legal expertise, the outstandingpro bono efforts of a select few were recognized at the State ofthe Judiciary Luncheon. The Northern Virginia Pro Bono LawCenter each year presents awards to acknowledge those whohave made exceptional contributions, and the Fairfax BarAssociation presents the James Keith Public Service Award forlong-term dedication. This year, the Hon. Michael Lindner, Judgeof the Fairfax General District Court, did the honors to describethe work of each recipient and personally thanked each for theircontributions.

The Pro Bono Paralegal of the Year award was given to EstelaRamirez in recognition of her long-term dedication to volunteerismand pro bono work. Ms. Ramirez began her pro bono volunteer-ing in 2013. She became a volunteer paralegal with the NorthernVirginia Pro Bono Law Center’s Neighborhood OutreachProgram and has continued since that time. The NeighborhoodOutreach Program serves low-income people with legal issuesat sites that people can reach conveniently in their neighbor-hoods and are places that are familiar and comfortable for them.The legal providers travel to the communities to better reach outto those in need. In addition, Ms. Ramirez and her family havedonated their time to many local various organizations includingC.A.S.A.; Fairfax Law Foundation; the Martin Luther King, Jr. Dayof Service; Friends of the Occoquan; Salvation Army as red kettlebell ringers; and angel tree project answering phones for acall-a-thon, raising funds for the those who were devastated byhurricane Harvey in Houston, TX; and many more.

continued on page 4

By Arlene Beckerman, Esq., Director of Pro Bono ActivitiesAPPLICATIONS SOUGHT FOR

FBA VICE PRESIDENT ANDBOARD OF DIRECTOR POSITIONS

The FBA Nominating Committee is currently acceptingapplications for the positions of Vice President and

members of the Board of Directors.

Anyone who would like to be considered for Vice President orDirector must meet the following requirements:

Vice President—Minimum of two (2) years service on the FBABoard;

Director—Minimum of two (2) years active participation in aBar activity, section, committee, or other project.

Interested candidates should return their application to theFBA by 4:00 PM on April 5, 2019.

APPLICATIONS SOUGHT FORFBA JUDICIAL SCREENING COMMITTEE

The Fairfax Bar Association Nominating Committeeis soliciting applications for vacancies on the

Judicial Screening Committee.

If you would like to apply for one of these positions, or to beconsidered for an alternate position, please complete anapplication and submit it to the Nominating Committee of theFairfax Bar Association by 4:00 PM on Friday, April 5, 2019.

You should not apply unless you are certain that you will beable to attend all of the meetings of the Screening Committeeand are willing to certify that you understand the timecommitment and acknowledgments involved. Generally, theScreening Committee will have one organizational meetingand then meet, as needed, to interview candidates for anyjudicial vacancies. Judicial Screening Committee membersand alternates must agree not to serve on the FBA ScreeningPanel and any specialty bar screening panels simultaneously,must agree to sign a confidentiality agreement, and must alsocertify that they will not pursue a vacancy on any bench withinone year of serving on the FBA Screening Panel.

Please note, prior applicationswill not be considered.

FBA PRO BONO AWARDS

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All articles or advertising submitted to theFairfax Bar Journal are subject to the

editor’s approval. The editor reserves theright to reject any submissions that,

in the opinion of the editor,are inappropriate for the Journal.

Executive Director/EditorCourtnie L. Norris • 703-246-2732

[email protected]

Communications & MarketingCatherine A. Wiedman • 703-246-3721

[email protected]

Graphic Design/Space AdvertisingAnn Hill Thornton • 843-427-4330

[email protected]

Classified AdvertisingKerri Yates • 703-246-2734

[email protected]

FAIRFAX BAR JOURNALOfficial Newsletter of the

Fairfax Bar Association4110 Chain Bridge Rd., Suite 216

Fairfax, VA 22030-4009Telephone: 703-246-2740

Fax: [email protected]

Officers 2018-2019President ........... Christie A. Leary ............ 703-359-7111

President-Elect . Luis A. Perez .................. 703-931-0804

Vice-President ... Donna R. Banks ............ 703-824-2421

Past President ... Thomas W. Repczynski .... 703-745-1800

Treasurer ........... Richard F. Gibbons, Jr. ... 571-432-0200

Secretary ........... John A. Kassabian ......... 703-750-3622

Gen. Counsel .... Aaron J. Christoff ......... 703-872-7287

Board of Directors 2018-2019Lacey Ullman Conn ................................ 202-558-5158

Joseph B. Dailey ...................................... 703-863-6784

Kara Lee .................................................... 703-883-8035

Gina L. Marine ......................................... 703-696-8912

K. Leigh Taylor ........................................ 703-879-6500

Elanna D. Weinstein ................................ 703-715-9600

Robert M. Worster, III ............................. 703-934-1480

Matthew C. Perushek ............................... 703-925-0500Young Lawyers Rep.

President’s Column

Congratulations toOur Newly Appointed Judges

Congratulations to Dontae Bugg, Susan Earman, Maha-Rebekah Abejuela and Jonathan Frieden

who have recently been appointed to our Fairfax Circuit Court, General District Court, and

Juvenile and Domestic Relations District Court, respectively. Our new judges will begin sitting

in March 2019 and July 2019. On behalf of the Fairfax Bar Association, I would like to extend

a sincere thank you to the members of the Northern Virginia Delegation for their continued

support to fully fund and staff our judiciary. Filling the judicial vacancies in our Circuit,

General District, and Juvenile and Domestic Relations District Courts has been of critical

importance to our membership. When the courts are not at full strength, the wheels of justice

grind to a halt. With the most recent legislative session, our courts will soon return to full

strength as authorized last year.

I would also like to recognize the efforts of our Judicial Funding Task Force to include Jay

Myerson, Joseph Dailey, David Hirsch, Elanna Weinstein, Doug Kay, David Marks, John

Kassabian, and Aaron Christoff who have attended events or made multiple trips to Richmond

to speak with legislators about the needs of our courts. Formed in 2012, our Judicial Funding

Task Force has devoted many, many hours of time over the last several years to address the

vacancies on our court by educating legislators about the needs of our Courts and keeping our

membership informed as to the status of efforts in the General Assembly.

Our General District Court was successful in obtaining authorization for a twelfth

seat from the Committee on District Courts. Legislation was introduced this session seeking

funding for a twelfth seat. Although not successful in the General Assembly, a foundation has

been laid for the request to be made again in the future.

Please join me in congratulating the newest members of our bench:

Dontae L. Bugg, Esq. Susan F. Earman, Esq. Maha-RebekahAbejuela, Esq.

Jonathan D. Frieden,Esq.

By Christie A. Leary, Esq.

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continued from page 1

FBA PRO BONO AWARDS

The Pro Bono Law Firm of the Year was awarded to Kelly &Crandall, PLC. This well-known consumer law firm enthusiasti-cally became involved in attending monthly intake sessionsin conjunction with the Financial Empowerment Center, a localnonprofit helping low-income clients with financial issues, toadvise and represent low-income individuals with consumerlaw issues. This program has now operated continuously sinceFebruary 2018, with the firm’s attorneys providing free legaladvice regularly each month as well as undertaking pro bonorepresentation in a variety of matters including garnishment, debtcollection, car repossession, and correction of credit reporting.In addition, many members of the firm generally do about 20percent of their work on a pro bono basis.

Cristina Duarte, Esq., was presented with the Pro Bono Lawyer ofthe Year award. She has energetically and whole-heartedly thrownherself into pro bono matters, representing clients with nowhereelse to turn. She volunteered to take on a very difficult case withchallenging opposing counsel. The case involved a contestedcustody and equitable distribution case with issues of neglect,addiction, and poverty. Despite having never taken a contestedsupport and equitable distribution case to trial, she quickly learnedthe local procedures, statutes, and case law. She was able toresolve the matter to her client’s satisfaction. Ms. Duarte hascontinued to take on new pro bono matters asking only forguidance on how to get herself up to speed in new areas.

The James Keith Public Service Award is presented to anindividual attorney who has demonstrated a personal and long-standing dedication to public service. The term “public service”embraces both pro bono legal service as well as broadercontributions to the community. It is named after James Keith,who after a distinguished career on the Fairfax bench, retired andalmost immediately began volunteering as a staff attorney at theFairfax office of the Legal Aid Society, where he continued to workfor over a decade. The award is presented to someone whocaptures Judge Keith's spirit of devotion to pro bono work andcommunity service. This year’s winner was Patrick Blanch, Esq.,a partner of Zinicola, Blanch & Overand. Mr. Blanch hasdevoted countless hours to pro bono criminal appeals work.Criminal appeals are extraordinarily time consuming and requiresubstantial legal research and meticulous attention to detail. Inaddition to providing representation directly, Mr. Blanch respondsgenerously to requests for guidance from other attorneyshandling similar matters.

We deeply appreciate the dedication of these and all of ourpro bono advocates and look forward to seeing what theyaccomplish in 2019.

SMITH, CURRIE & HANCOCK LLP announced on January 1, 2019 thatBRIGLIAMCLAUGHLIN, PLLC, is merging into Smith Currie. Smith Currieis nationally recognized as a leader in government contracts andconstruction law with offices nationwide, including metro Washington.BrigliaMcLaughlin, PLLC is a female-owned construction, governmentcontracts, and surety law firm based in Tysons, VA. Smith Currie willmaintain offices in both Metro DC and Tysons.

ANNOUNCEMENT

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January/February/March • Fairfax Bar Journal––5

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Most lawyers are, by nature, conservative when it comes to new legal trends. Even forward-thinking business lawyers continue to have lingering doubts about the wisdom of electronicsignatures, online filings, and electronic-only corporate documentation. Yet while thesemechanics are becoming more pervasive and acceptable nationwide, other, newer legalconstructs may not yet be advisable for use—at least, not in our commonwealth. One of theseis the fairly new concept of the Series LLC.

First recognized in Delaware in 1996, a Series LLC might best be analogized to a filingcabinet—a single piece of furniture with multiple, separate drawers. From a legalperspective, a Series LLC is a singular legal entity, but it contains within it multiple “series”that, while not separate entities themselves, are essentially self-contained and function muchin the same way subsidiaries to a parent LLC would. Each series may hold assets, engage indifferent forms of business, and—perhaps most importantly—need not answer for the debtsof its sister series. So long as the books, financial records, and accounts of each series arekept isolated for each series, each essentially obtains the protection of its own corporate veil.Unlike the traditional holding-company-with-subsidiary model, however, the conflation of themultiple series’ governance does not weaken the integrity of the series’ liability protection.Whereas the use of a single management suite and governance board might be problematicunder the traditional model, such centralization is generally permissible under the SeriesLLC model.

This is just one of many advantages of the Series LLC. The new entity type can also becheaper to establish and maintain, as only one set of set-up and annual fees must be paid,rather than the multiple payments that have to be made for each separate entity under theolder model. Corporate record-keeping may also be simpler, as governance documentsneed not be duplicated on a per-series basis. Finally, some states have chosen to tax SeriesLLCs just once, rather than the multiple times a holding company and its subsidiaries mightbe taxed.

This said, the dangers of early adoption of the Series LLC—especially in Virginia, which hasyet to formally recognize the new entity type—probably outweigh the benefits. Today, just overa dozen states (plus Puerto Rico and Washington, DC) have enacted Series LLC statutes.Although the Constitution’s Full Faith and Credit Clause dictates that each state shouldrespect the others’ laws, it is unclear how those states that have not yet adopted the SeriesLLC model will affect that recognition. The IRS, for instance, seems still to be scratching itshead over how to treat the new entity type and has proposed regulations that would treat eachseries as a separate legal entity. Questions about whether Series LLCs may borrow fromother tax concepts like disregarded entity status remain unanswered for now. It is also unclearhow a Series LLC will be treated under federal bankruptcy laws, and scholars are split on whetherone single series should be allowed to declare bankruptcy while the greater entity continues on.

Some Series LLC states treat the new entity the same way they would treat a single legal entitywith multiple internal divisions while others consider series to be their own corporatepersons. This disparity is borne out of differences in naming requirements. Some statesrequire each series to include a common name element (usually the name of the Series LLCitself), while others allow the individual series to have whatever names they like, no matterhow different. Service of process rules are similarly disparate—in some states, series mustbe served in their individual capacities, while in others, the registered agent for the Series LLCis the agent for service for all underlying series..The disparities from one state to another, uncertainty over how both states without Series LLCstatutes and the federal government will ultimately treat the new entity, and the general new-ness of the model and lack of caselaw examining its use all suggest that we should not takeadvantage of this technology so quickly. Practical considerations—including attorneys’ andlenders’ general lack of familiarity with the new entity type—also dictate conservatism untilSeries LLCs become more widespread. Then again, if your client has unique circumstances—e.g., lots of business verticals but not a lot of time or money for day-to-day compliance—therewards that may come from early adoption might outweigh the risks.

SERIES LLCs: USEFUL, TRENDY, OR DANGEROUS?

By Ryen Rasmus, Esq., Chair, Business Law Section

NOVEMBER

Alexander I. Bozof

Jennifer DeNigris

Emma Devaney

Jeremy E. Glenn

L. Akinyi Orinda

Kathryn Outland

Emily A. Spence

Andrew Strickland

Mumtaz A. Wani

Nathaniel R. Weiner

DECEMBER

Terry Adams

Robert M. Cambridge

Julie V. Cersley

Shirley Chim

Sharon Goley

David C. Hagan

William Z. Nakhleh

John D. Reinhardt

Lyzette N. Turner

Silvester Woods

JANUARY

David Barton

Ekaterina M. Champagne

Xue Connelly

Andrew Criado

Steve Descano

Alissa D. Findlay Furman

Erica C. Hawkins

William E. Hunter

Joseph P. Kirkwood

Andrea Lampert

Cambridge P. Lestienne

Kirsten S. Lowell

NEW MEMBERS

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OFFICERS ANDNEWLY-ELECTED BOARD MEMBER BIOS

The Family Law Section of the Fairfax Bar Association is one of 14 sections created by the FBA to enhance its members’ knowledgeof the law and court procedures. To that end, the Family Law Section holds monthly meetings, which cover a variety of issues thatimpact the practice of family law, where appropriate we also try to obtain CLE credit for our members for the meetings. We meet oneither the second Monday of every month at 6:00 p.m. in the Fourth Floor Jury Assembly Room of the Courthouse or on Thursday at12:00 p.m. Each month, in advance of the meeting, members are emailed a description of the topics to be covered at the next meetingand information regarding the presenters who will share their wisdom with those in attendance.

The Family Law Section ensures that our members are as well-informed as possible about practicing before the Fairfax Courts. Thisyear we have provided our membership with the opportunity to learn about the mediation program currently being instituted in theJuvenile and Domestic Relations District Court and the Division of Child Support Enforcement. We try to provide our membership withthe opportunity to meet new Circuit Court and Juvenile and Domestic Relations District Court Judges and ask them about theirexperiences, beliefs, preferences, and insights about family law. In addition, in June at the close of each Bar year, we give ourmembers the opportunity to have an “off the record” session with the judges of either the Circuit or the Juvenile and DomesticRelations District Court.

In addition to keeping our membership abreast of what is happening within the Fairfax Court System, the Family Law Section ensuresour members stay up-to-date on the law. Family law generally arises out of state law, so it is critically important that our members areapprised of the most recent developments in the Virginia Legislature, the Court of Appeals of Virginia, and the Supreme Court ofVirginia. Therefore, we periodically update our membership on recently introduced bills that impact the domestic relations practice,on the progress of the bills and whether they are enacted into law, and on important family law decisions issued by the Virginia Courtof Appeals and the Virginia Supreme Court.

THE FAMILY LAW SECTION

By Mary C. Huff, Esq. and Lauren W. Smith, Esq., Co-Chairs

In addition to those regularly recurring topics, the Family Law Section hosts presentations on nuanced areas of the law and other

Portrait presentation to The Hon. Lorraine Nordlund (Ret.),Circuit Court of Fairfax County, 19th Judicial Circuit,

at the State of the Judiciary Luncheon,November 29, 2018

specialty issues for our membership. This year, suchtopics included hot issues in technology for family law-yers, pursuing rules to show cause in family law cases,and the criminal implications of civil protective orders. Alltopics have been designed to help our members remainthe most sophisticated domestic relations attorneys inVirginia and simultaneously improve the methods ofpractice for those who directly impact families andchildren.

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To join the Young Lawyers Section or learn more about its events, email Nicholas Cumings at [email protected].

The Young Lawyers Section approached its 2018-2019 term with the goal of expanding its membership, increasing attendance atevents, and better integrating our membership with other attorney organizations in the region. We are proud that we have already helda number of successful events that have advanced these goals, including:

YOUNG LAWYERS SECTION

By Nicholas Cumings, Esq.,Chair

• Annual D.C. United Game: In recent years, the Young Lawyers Section has been hosting an annual outing to a D.C. Unitedgame. This was the first year in the new Audi Field stadium. The event, held on October 13, 2018, was expanded to include theHispanic Bar Association of D.C., the South Asian Bar Association of D.C., the Network of Arab American Professionals, and theNorthern Virginia Black Attorneys Association. We held a happy hour before the game in the neighboring beer garden, which waswell attended and included professionals from several groups.

• Newly Admitted Attorney Orientation: On November 15, 2018, the Young Lawyers Section hosted its annual Newly AdmittedAttorney Orientation CLE. The goal of the CLE is to introduce newly admitted members of the Virginia Bar to local practice, with aspecific focus on practice in Fairfax Circuit Court. Attendees were able to earn 2.5 MCLE credits, with topics including filingpleadings, daily orders, calendar control procedure, the Friday motions docket, and the differentiated case tracking program.New attorneys were able to meet with judges, clerks, and local practicing attorneys. The CLE included a tour of the Fairfax CountyCourthouse. A happy hour was held at Hard Times following the CLE, with food provided by the FBA.

• Cocktails with Fairfax Judges: In the fall and spring, the Young Lawyers section hosts cocktail events with the Fairfax Judges.This past fall, we hosted a cocktail reception, with food and drink provided by the FBA, with the General District Court judges atAuld Shebeen in Fairfax City. In the spring, we will host the same event with the Circuit Court judges. Both events are well attendedand are an excellent opportunity to get to know the local judges in a more casual and friendlier environment.

• Breakfast with Fairfax Judges: Similar to the cocktail receptions, we also host breakfast events with the judges. The objectiveof these events is to encourage personal interaction between young lawyers and the judges and to support the professionaldevelopment of young lawyers. In a more formal setting than the cocktail hours, attendees participate in roundtable discussionswith the judges, often with suggested topics. Groups are rotated such that each young lawyer has an opportunity to interact witheach judge.

• Toys for Tots Charity Drive: The Young Lawyers Section participates in the Toys for Tots charity drive every year. The drive iskicked off by a happy hour at Sweetwater Tavern in Merrifield, where attendees are encouraged to bring a toy in exchange for araffle ticket. Gift cards to local businesses are handed out as raffle prizes. This year included a new tradition—an ugly sweatercontest.

• Monthly Happy Hours: The Young Lawyers Section holds monthly happy hours, which are often integrated into our existingcalendar of events, such as the happy hour following the Newly Admitted Attorney Orientation CLE. In January, we hosted a “Sipand Paint” at Muse Paint Bar in the Mosaic District in Merrifield. The event was co-hosted by the Arlington Young Lawyers.

Some of the most significant events on our calendar are yet to come. This spring, we will host the following:

• Color of Justice: The Young Lawyers Section will host a mock trial event at Fairfax Circuit Court for area teenagers. This annualevent is hosted each year by a different group of attorneys. Attendees are shown a mock trial and break out into groups to act asjuries, discussing and deliberating the trial and attempting to reach a verdict. The goal of the event is to encourage diversity in thelaw while providing seventh to 12th grade students a glimpse of the American legal system. This event will be held on Saturday,March 23 at the Fairfax Circuit Court.

• Wine Tour: Details are being finalized, but the Young Lawyers Section will host its annual Wine Tour in May. This is one of ourmost popular events. Attendees gather at the Vienna Metro Station to board a bus to Loudoun County, where in the past we havevisited 2-3 wineries, taking in tastings and enjoying beautiful spring weather and scenery.

• Lawyerpalooza: Further details will be available soon, but the Young Lawyers Section will host Lawyerpalooza at the HunterHouse in Vienna on Saturday, June 1. Look forward to food, drinks, lawn games, music, and great company. This is a family-friendly, picnic style event that is always well attended and enjoyed by everyone.

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The Criminal Law Section of the Fairfax Bar Association welcomesNegin Farahmand as chair for the 2018-2019 year. The CriminalLaw Section prides itself on being an open community forcriminal attorneys to discuss topics such as ethics, procedures,and best practices to both help the bench operate more efficientlyand give tools to each practitioner to becoming a better advocate.We also aim to help specialized practices within the communityhone their skills in each area.

Continuing its tradition of offering free CLEs to members ofthe section, this year the Criminal Section will host free CLEsquarterly to the criminal law community on a range of topics suchas best practices, sentencing guidelines, and the ethics ofworking with mentally ill clients. We also plan to host our annualDWI CLE for specialized practitioners. Speakers includemembers of the bench, both General District and Circuit, policeofficers, the Sheriff’s Department, Veteran’s Docket directors, andspecialized practitioners.

As the regulations for court-appointed counsel have beentailored in the past year, the Criminal Law Section hopes toenlighten and help newer criminal defense advocates learn theropes of our policies and procedures in Fairfax, as well aselevate the practice as a whole by giving more insight on what it islike to work as court-appointed counsel, the barriers you face thatare different from private practice, and how to conduct oneselffrom start to finish with a court-appointed client.

The Criminal Law Section works closely with the criminaldefense bar, the Commonwealth Attorney’s office, and the benchas a whole. Our goal is to provide all practitioners a place to bringquestions, understand policy guidelines, and to keep the courtrunning as efficiently as possible while representing our clientsto the best of our abilities. We are instituting a Listserv formembers to discuss all areas of criminal law and bringquestions to the group so we can have a constant update to courtcases, updated legislation, and methods to present each casefrom a simple bench trial to multi-day jury trial.

We are a community dedicated to helping each other become thebest practitioners in our field, and we feel strongly that the bestway to do so is by communicating with every aspect of the judicialsystem to best understand how to advocate our positions. Wewish to portray the best legal representation on all sides of thejudicial system so the Fairfax County community is as proud aswe are of our Bar. We do so with knowledge, which is why wework closely with the probation office, veteran’s docket directors,and jail personnel to understand each aspect of what peopleencounter when walking through the halls of our court.

If you have questions regarding membership or ideas on how wecan help, please feel free to contact us. We are open to allsuggestions. Our contact information is available online atwww.fairfaxbar.org/page/Sections.

CRIMINAL LAW SECTION

By Carly Jehlen, Esq., Vice Chair

WHAT YOU NEED TO KNOWEvery third Wednesday of the month, Judge Penney Azcarate,Judge Randy Bellows, Clerk of Court John Frey, other staff of theCircuit Court Clerk’s Office, and FBA Executive Director CourtnieNorris join approximately 30 members of the FBA to discussimportant issues affecting Circuit Court practice. The Circuit CourtCommittee aims to open a dialogue between the bench and thebar, and to explore how the Circuit Court’s procedures andoperations can be revisited—and, if necessary,revised—to best serve everyone’s needs.

WHAT WE HAVEACCOMPLISHEDThe biggest task—by far—of last year’s Circuit Court Committeewas to revise the Circuit Court Practice Manual. The PracticeManual provides the bar with unofficial “local rules” governingpractice before the Circuit Court from filing through appeal. Thoughintermittent changes can be made as necessary, the PracticeManual is revised in its entirety every four years to make certain itreflects the Court’s most up-to-date procedures. As you canimagine, this involves the work of many hands: specialistsin the various legal fields from the bar, review by the Editors-in-Chief (fondly known as the “Gang of (now) Five”), and feedbackfrom a few lucky volunteers on the bench who get to parse theirway through hundreds of red-lined pages.

The changes to the Practice Manual were highlighted at a CLE inJune. However, the work is not done! The Editors-in-Chief and theCircuit Court Committee are now considering whether to use thisin-between-editions time to make broader structural changes tothe Manual. We are also evaluating whether the Manual shouldbe made electronic and whether it should be made widely,publicly accessible. Ultimately, the Board of Directors willdetermine the best course of action for these later decisions,but bar feedback is essential and welcome. We would alsowelcome additions to our editorial staff.

Of course, the Circuit Court Committee is not solely focusedon the Practice Manual. The Criminal Subcommittee has beenresearching and evaluating issues with court reporting services.The Civil Subcommittee has been investigating issues related toindigency and appeals from General District Court to CircuitCourt. The Domestic Relations Subcommittee has been workingon model forms and motions to incorporate into the ModelDiscovery, as well as the latest addition to its brown bag series.

WHAT WE CAN DOWe work best when we’re working for you: not only do wewelcome your input, we need it to be effective. We’d particularlylove feedback on how you use the Practice Manual, suggestionson its improvement or praise for its current format.

Look for a survey in an upcoming FBA blast email or feel free tocontact by email at [email protected] or phone:703-324-2421. We are also happy to look into other issues thatmay be of interest to you in relation to Circuit Court Practice.

We look forward to receiving your input and ideas!

FBA CIRCUIT COURT COMMITTEE

By Sarah Hensley, Esq., Chair

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10––Fairfax Bar Journal • January/February/March 2019

UPCOMING EVENTS/CLEs

LOST IN TRANSLATION CLEWEDNESDAY, MARCH 20, 20194:30 - 6:30 PM2.0 MCLE (0.5 Ethics) Credits (Pending)Fairfax County Courthouse - Fourth Floor Jury Assembly Room

TECHNOLOGY IN FAIRFAX COURTROOMS:COME KICK OUR TIRES CLEWEDNESDAY,APRIL 3, 20195:00 - 7:00 PM2.0 MCLE Credits (Approved)Fairfax County Courthouse - Courtroom 5E

FAMILY LAW SECTION CLE: LEGAL UPDATETHURSDAY,APRIL 4, 201912:30 - 1:30 PM1.0 MCLE (Pending)Fairfax County Courthouse - Fourth Floor Jury Assembly RoomFREE for Family Law Section Members;$35 for FBA Attorney Non-Section Members

TENTH ANNIVERSARY HEROES vs. VILLAINS RUN FOR JUSTICE 5kSUNDAY,APRIL 7, 20198:30 - 11:00AMFairfax Corner Shopping CenterRegister online at https://potomac.enmotive.com/events/register/2019-heroes-vs-villains-run-for-justice-5k

MAKING IT RAIN: THE ETHICS OF LAWYER MARKETING CLETHURSDAY,APRIL 25, 201912:00 - 2:00 PM2.0 MCLE (2.0 Ethics) Credits (Pending)Sensei Enterprises, Inc., 3975 University Drive, #225Fairfax, VA 22030

19TH ANNUAL LAW DAY WEINER ROASTWEDNESDAY, MAY 1, 20194:30 - 8:00 PM - RAIN OR SHINE!Weiner Spivey & Miller, PLC, 10605 Judicial Drive, Fairfax, VA 22030.RSVP to Deb Lizama at [email protected] Day sponsorships are available online at:fairfaxlawfoundation.org/lawday.

IMMIGRATION LAW CLETHURSDAY, MAY 9, 2019Fairfax County Courthouse - Fourth Floor Jury Assembly Room

ANNUAL SPRING GOLF TOURNAMENTFRIDAY, MAY 17, 201911:30 AM - UNTILWestfields Golf Club, 13940 Balmoral Greens Ave., Clifton, VA 20124$175 Per Person. Includes: Greens Fee, Cart, Lunch at the Grill, BuffetDinner, and Prizes.

GETTING YOUR CLIENT OUT OF JAIL CLEWEDNESDAY, MAY 29, 2019Fairfax County Courthouse - Fourth Floor Jury Assembly Room

COMPLEX EVIDENTIARY ISSUES IN PERSONAL INJURYLITIGATION CLEWEDNESDAY, JUNE 19, 20195:00 - 7:00 PM

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January/February/March 2019 • Fairfax Bar Journal––11

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