20th anniversary conclave on the education of - Virginia State Bar

140 Pages·2012·4.6 MB·English

20TH ANNIVERSARY CONCLAVE
ON THE
EDUCATION OF LAWYERS
VIRGINIA STATE BAR
SECTION ON THE EDUCATION OF LAWYERS IN VIRGINIA
APRIL 22–23, 2012
THE BOAR’S HEAD INN
CHARLOTTESVILLE, VIRGINIA
Conclave 2012 is financially assisted by the Virginia Law Foundation
VIRGINIA STATE BAR

20TH ANNIVERSARY
CONCLAVE ON THE EDUCATION OF LAWYERS

The Boar’s Head Inn
Charlottesville, Virginia
April 22 – 23, 2012

TABLE OF CONTENTS

1. Arrangements Memo
2. Agenda & Schedule of Events
3. Conclave Participants List
4. Biographies of Conclave Participants

5. Conclave 2012 Planning Committee

6. Virginia Law Firm Contributors to Conclave 2012

7. The Boar’s Head Inn Information

BACKGROUND READING MATERIALS
8. Educating Lawyers: Preparation for the Profession of Law (Summary)
The Carnegie Foundation for the Advancement of Teaching

9. What Can We Learn from Law School? Legal Education Reflects Issues
Found in All Higher Education (Summary)
Julie Margetta Morgan, Center for American Progress (December 2011)

10. A Survey of Law School Curriculum: 2002-2012 (Executive Summary Draft)
Curriculum Committee, ABA Section of Legal Education and Admissions to the Bar
11. The Law School Critique in Historical Perspective (Sections V & VI)
A. Benjamin Spencer

12. Beyond Langdell
A. Benjamin Spencer, Volume XX, Number 1, Education & Practice (Fall 2011)

13. Two Questions for Law Schools about the Future Boundaries of the Legal Profession
Elizabeth Chambliss – NYLS Legal Studies Research Paper No. 10/11-25 (October 18, 2011)
Conclave 2012 Table of Contents
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14. The Bad News Law Schools
Stanley Fish – Opinionator, The New York Times (February 20, 2012)

15. IOWA Law Review 2011 Symposium – Rethinking Legal Education

• Foreword
Gail B. Agrawal
96 IOWA L. Rev. 1449 (2011)

• What Will Our Future Look Like and How Will We Respond?
Michael A. Fitts
96 IOWA L. Rev. 1539 (2011)

• Training the Whole Lawyer
Deanell Reece Tacha
96 IOWA L. Rev. 1699 (2011)

16. The Law School Bubble: How Long Will It Last if Law Grads Can’t Pay Bills?
William D. Henderson and Rachel M. Zahorsky - ABA Journal (January 2012)

17. Law Job Stagnation May Have Started Before the Recession – And It May Be
a Sign of Lasting Change
William D. Henderson and Rachel M. Zahorsky - ABA Journal (July 2011)

18. Do Elite Law Grads Disdain Longtime BigLaw Work? Stats Sugest Lower-Tier
‘Strivers’ Stick Around
Debra Cassens Weiss - ABA Journal (March 2012)

19. ABA Commission on Ethics 20/20

• Admission by Motion Revised Draft Resolution (February 7, 2012)
and Revised Draft Report (February 21, 2011)

• New ABA Model Rule on Practice Pending Admission
Revised Draft Resolution and Revised Draft Report (February 21, 2012)

20. The Delaware Clerkship Requirement: A Long-Standing Tradition
Randy J. Holland, The Bar Examiner (November 2009)

21. Background Information on Transition to Practice

• Virginia CLE’s New Program – Background Information

• Summit Update: Proposed Model MCLE Rules
Patrick A. Nester and Peter S. Vogel – Presented at the ACLEA 48th Mid-Year Meeting in
New Orleans, LA (January 28-31, 2012)
• Solving the Professional Development Puzzle
Esther Lardent – The National Law Journal (March 28, 2012)

• The Importance of Pro Bono Work in Professional Development
Brian J. Murray – Volume 23, Number 3, The Journal of the Trial Practice Committee
Verdict, ABA Section of Litigation (Summer 2009)

22. The Economics of Civility
Donald W. Lemons – Trial (July 2011), American Association of Justice

• Model Mentoring Program for Use by Individual Inns
American Inns of Court (2002)

• Mentoring Program Guidelines, Expectations and Acknowledgement
American Inns of Court (2002)

• Suggested Mentoring Topics & Experiences
American Inns of Court (2002)

23. Conclaves on Legal Education: Catalyst for Improvement of the Profession
William R. Rakes, 72 Notre Dame L. Rev. 1119 (1997)
George Warren Shanks, President Karen A. Gould
Miller, Earle & Shanks PLLC Executive Director and
136 General Drive, Suite 200 Chief Operating Officer
P.O. Box 246
Luray, VA 22835 Mary Yancey Spencer
Telephone: [phone] Deputy Executive Director

W. David Harless, President-elect Elizabeth L. Keller
Christian & Barton, LLP Assistant Executive Director

909 East Main Street, Suite 1200 for Bar Services
Richmond, VA 23219-3095 Virginia State Bar
Telephone: [phone] Susan C. Busch
Assistant Executive Director
Irving M. Blank, Immediate Past President Eighth and Main Building for Finance
ParisBlank, LLP
1st Floor 707 East Main Street, Suite 1500 Edward L. Davis
1804 Staples Mill Roa d Richmond, Virginia 23219-2800 Bar Counsel
Richmond, VA 23230 Telephone: [phone]
Telephone: [phone] __________________
Facsimile:[phone] TDD [phone]
TO: Conclave 2012 Participants

FROM: Elizabeth L. Keller

RE: 20th Anniversary Conclave on the Education of Lawyers in Virginia
April 22-23, 2012

DATE: April 4, 2012

Welcome to the 20th Anniversary Conclave on the Education of Lawyers in Virginia. Below are
some logistical details concerning the schedule of events and arrangements for the conclave.

The Boar’s Head Inn
The Boar’s Head
200 Ednam Drive, Charlottesville, Virginia 22903
Toll Free: [phone]
Main: [phone]
http://www.boarsheadinn.com/

Directions and a map of the premises are included in the notebook.

Agenda & Schedule of Events
All events will be held in The Boar’s Head Inn Pavilion which is located across the street from
the Main Lobby of the hotel. The program will begin promptly at Noon on Sunday afternoon
with a seated luncheon and welcoming remarks from Chief Justice Kinser. Because of the
compressed nature of the schedule, it is important that participants are punctual in their arrival
and that they plan to attend all sessions during the course of the two days. The Conclave is
scheduled to conclude mid-afternoon on Monday.

A detailed agenda and schedule of events for the two-day program is included.

Registration
Registration will begin at 11:00 am on Sunday morning, April 22, in the Pavilion Foyer.

Meals
The program will include the following group meals which will be held in Pavilions I & II: Lunch
and Dinner on Sunday; and Continental Breakfast and Lunch on Monday. If you have a dietary
restriction, please advise Teresa Moore no later than April 18; [email protected].
20th Anniversary Conclave
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Panel Discussions
The panel discussions will be held in Pavilions II & III. On Sunday afternoon, the first panel will
run from 1:30 pm to 3:00 pm, followed by a break from 3:00 pm to 3:15 pm. The second panel
will run from 3:15 pm to 4:45 pm. On Monday morning, the first panel will run from 9:00 am to
10:30 am, with a break from 10:30 am to 10:45 am. The second panel will run from 10:45 am to
12:15 pm.

Reception and Award Presentation
On Sunday evening, there will be a special reception for all Conclave participants from 6 to 7 pm
in the Pavilion Foyer. This event is being sponsored and underwritten by Gentry Locke Rakes &
Moore LLP, of Roanoke.

At 6:30 pm, the Virginia State Bar’s Section on the Education of Lawyers will make a special
inaugural presentation of its Leadership in Education Award.

Dinner and Program
A group dinner for Conclave Participants will begin at 7:00 pm in Pavilion I on Sunday evening.
Following dinner, Dean David Yellen of Loyola University School of Law, Chicago, and Professor
William Henderson, of the Mauer School of Law, University of Indiana, will lead a discussion
entitled, Is there a Crisis in Legal Education?

Luncheon & Remarks
There will be a seated luncheon on Monday at 12:15 pm in Pavilion I. Following lunch, Dean
Emeritus John E. Montgomery, of the South Carolina School of Law, will deliver remarks.

Closing Session
The closing session will take place in Pavilions II & III beginning at 1:45 pm. Brief reports from
the panel discussions will be received from the Reporters Committee chaired by Judge Waugh
Crigler. Taylor Reveley will make closing remarks between 2:45 pm and 3:00 pm on Monday
afternoon.

Attire
Business attire is appropriate for Conclave 2012. The conclave proceedings will be videotaped
for future distribution to law schools, law firms, local bars and the judiciary. With this in mind,
the Conclave Planning Committee asks that all participants dress accordingly.

Hotel Reimbursement
You may be reimbursed for one night’s lodging at The Boar’s Head, at the inclusive group rate of
$181.50. You may submit your reimbursement request by using the form included in the
notebook. Please indicate ‘Conclave 2012 Participant’ on the form, sign it, and mail to the
Virginia State Bar with your original hotel receipt. Travel reimbursement requests should be
received no later than May 15, 2012.

For questions, please contact Teresa Moore, Bar Services Dept., Virginia State Bar
[phone]; [email protected]
20th ANNIVERSARY CONCLAVE
ON THE EDUCATION OF LAWYERS IN VIRGINIA

Sharing the Responsibility for Legal Education Among
The Law Schools, the Bar and the Bench

Section on the Education of Lawyers in Virginia ~ Virginia State Bar
The Boar’s Head Inn - Charlottesville, Virginia
April 22-23, 2012

A G E N D A
SUNDAY, APRIL 22

11:00 – 12:00 ARRIVAL AND REGISTRATION

Noon WELCOME AND OPENING REMARKS

W. Taylor Reveley III, Esq. – Program Chair
President
College of William and Mary
Williamsburg, Virginia

The Honorable Cynthia D. Kinser
Chief Justice
Supreme Court of Virginia
Pennington Gap, Virginia

LUNCHEON

HISTORICAL OVERVIEW AND REMARKS

William R. Rakes, Esq. – Program Vice Chair
Gentry Locke Rakes & Moore LLP
Roanoke, Virginia

Reporter: Prof. Dale S. Margolin

1:30 – 3:00 PANEL I – HOW ARE LAW SCHOOLS ADDRESSING MAJOR CHANGES IN THE
PRACTICE OF LAW AND IN ACCREDITING STANDARDS FOR LEGAL
EDUCATION?

What have been the major changes in these two aspects of the legal profession
in the last generation? To what extent are law schools responding creatively
and effectively to them? Should law schools be doing more to prepare their
graduates to practice law effectively from “day one” and to use their legal
training productively in other careers?

Moderator: W. Taylor Reveley III, Esq.
President
College of William & Mary
Williamsburg, VA
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Panelists: Dean Jeffrey A. Brauch
Dean Davison Douglas
Tracy A. Giles, Esq.
David C. Landin, Esq.
Prof. A. Benjamin Spencer

Reporter: Prof. Margaret I. Bacigal

3:00 – 3:15 BREAK

3:15 – 4:45 PANEL II - HOW SHOULD WE MEASURE PREPAREDNESS FOR ADMISSION
TO THE BAR?

To what extent do bar exams realistically capture competence for the practice
of law? How effectively, for instance, do they test an applicant’s capacity to
write? Do bar exams fail to take into account the contemporary reality that a
rapidly growing number of lawyers have multi-state and international practices?
Can we justify any longer having 50 different bar exams and confronting
applicants with the steep costs of application fees and bar prep courses? Do the
number and nature of tested subjects on bar exams constrain the capacity of
law schools to reshape their curriculums to deal with contemporary needs in the
profession, for instance, skills education?

Moderator: Hon. Elizabeth B. Lacy
Senior Justice, Supreme Court of Virginia
Richmond, Virginia

Panelists: Hon. B. Waugh Crigler
William D. Dolan III, Esq.
Prof. James E. Moliterno
Anita O. Poston, Esq.

Reporter: Jeanne F. Franklin, Esq.

4:45 CLOSING REMARKS FOR THE DAY

6:00 RECEPTION
Sponsored by Gentry Locke Rakes & Moore LLP

6:30 PRESENTATION - Inaugural Leadership in Education Award

7:00 DINNER & PROGRAM

Is There a Crisis in Legal Education?

Dean David N. Yellen – School of Law, Loyola University, Chicago

Professor William D. Henderson – Director, Center on the Global
Legal Profession, Mauer School of Law, Indiana University, Bloomington

Reporter: Prof. Dale S. Margolin
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MONDAY, APRIL 23

8:00 – 9:00 CONTINENTAL BREAKFAST

9:00 – 10:30 PANEL III – HOW DO WE MOST EFFECTIVELY SEEK TO EDUCATE LAWYERS
THROUGHOUT THEIR CAREERS?

What are the main ways in which lawyers continue to learn over the course of
their legal careers? Which ones seem to be especially effective? Among these
ways, what is the most useful role for mandatory CLE? To what extent does it
now actually fulfill that role?

Panel Moderator: W. David Harless, Esq.
President-Elect, Virginia State Bar
Christian & Barton LLP
Richmond, Virginia

Panelists: David P. Bobzien, Esq.
Hon. Donald W. Lemons
Jacquelyn E. Stone, Esq.
Prof. Richard Balnave

Reporter: John H. Foote, Esq.

10:30 – 10:45 BREAK

10:45 – 12:15 PANEL IV – DO JUDGES HAVE A MEANINGFUL ROLE IN LEGAL EDUCATION?

Since judges often see some lawyers’ abuse of precedent and statutory law,
gross inability to write, and blatant incivility, should judges insist more forcefully
on legal competence, ethical behavior and civility from lawyers appearing in
their courts? To the extent judges are reluctant to do so, what considerations
inhibit them (for instance, concerns about reappointment, limited time to
intervene, or belief that intervention would be inappropriate)? Realistically can
judges do more, and should they do more, to ensure the effective education of
lawyers?

Panel Moderator: Hon. Gerald Bruce Lee
Judge, U.S. District Court for the Eastern District
Alexandria, Virginia

Panelists: Hon. Cynthia D. Kinser
Hugh M. Fain III, Esq.
Monica Taylor Monday, Esq.
Hon. Michael F. Urbanski

Reporter: Hon. Walter S. Felton, Jr.
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12:15 LUNCHEON & PROGRAM

Dean Emeritus John E. Montgomery
Director, Nelson Mullins Riley & Scarborough Center on Professionalism
School of Law, University of South Carolina
Columbia, SC

1:45 – 3:00 CLOSING SESSION & ADJOURNMENT

Reports from Reporters’ Subcommittee:

Hon. B. Waugh Crigler, Chair
Prof. Margaret Ivey Bacigal
Hon. Walter S. Felton, Jr.
Jeanne F. Franklin, Esq.
John H. Foote, Esq.
Prof. Dale S. Margolin

W. Taylor Reveley III, Esq. - Ex Officio
William R. Rakes, Esq. - Ex Officio

(Conclave 2012 is financially assisted by the Virginia Law Foundation)