VTLA CONVENTION SPECIAL EDITION

COMPLIMENTARY valawyersweekly.com

April 1, 2016

Together
We Win

VTLA ANNUAL CONVENTION

MARCH 31 - APRIL 3, 2015 THE HOMESTE AD

Page S-2 | Virginia Lawyers Media, April 1, 2016

GRANA

valawyersweekly.com

LIVINGSTON

SLAUGHTER

KONVICKA

BUCKNER

DAVIS

LONG

WARREN

Grana heads list of VTLAs 2016-17 officers

HOT SPRINGS The Virginia Trial Lawyers Association will elect its officers and
members of the board of directors for 2016-17 this weekend at the annual convention
at The Homstead.
Here is the slate that has been proposed: For president, the nominee is Stephanie
Grana of Richmond. Lee Livingston of Charlottesville has been nominated as president-elect.
The nominees for the vice-president positions, in order are:
Bryan Slaughter
Jason Konvicka
Elliott Buckner
Craig Davis
Bridget Long is the nominee for treasurer, and for parliamentarian, Vaden Warren.

Governors at Large
For the position of governor at
large, there are 16 nominee. In
alphabetical order, they are:

Julie Cillo
Roger Creager
John Cooper**
Stephen Harper *
Chidi James
Mic McConnell

Jonathan Petty
Melissa Ray
Andy Reinhardt
Ed Riley
Josh Silverman
Tom Smith
Lou Snesil
Joanna Suyes
Derrick Walker
Wally Wason

Governors from Districts

Another 16 members of the board
are the elected district governors,
representing different parts of Virginia. They are:
1st
2nd

3rd
4th
5th

6th
7th
8th
9th
10th
11th
12th
13th

Donald Marcari
Paul Hernandez**
Rick Shapiro
Alex Coltrane*
Cheryl Tuck
Lewis Stoneburner

Mike Phelan
Stacy Allocca
Mike Ritchie
James Hunter
Dan Crandall
Henry Keuling-Stout
Laura Blair Butler
Mark Cummings
Chuck Sickels
Steve Garver

* indicates a new member for 2016

** indicates a mid-year appointment from 2015, new in 2016

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No.KarCL
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John
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Zydron
15-2633, Dec. 18, 2015; Chesapeake Cir.Ct.;
for respondent. VLW 016-8-011, 2 pp.

al Legal Research
Group to help
withTaylor
the
interpretation contract
to avoid pre-emption
appealed
and contacted
Jeremy
of contract
labor-management
interpretation
appeal.
The Supreme
Court reversed,
holding under
the LMRA.
the
National
Legal Research
Group (NLRG)
to avoid
pre-emption under the LMRA.
that employees state claims were sufficientAnthony
v. Verizon
Virginia,
Inc., Inc.,
288 Va.
Anthony
v. Verizon
Virginia,
288 Va.
ly
independent
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Karen R. Carnegie for petitioners; John E.

Zydron for respondent. VLW 016-8-011, 2 pp.

Employment

Employment
Employees State Claims Not Preempted by
LMRA

Employees State Claims Not PreFormerby

union
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against their former employer and union

alleging fraud in persuading them to resign
and accept
employers
severance
against
theirtheformer
employer
andpackunion
age.
The
Circuit
Court
dismissed
the
claims to
alleging fraud in persuading them
as being preempted by 301 of the Labor
resign
and accept the employers severance
Management Relations Act (LMRA). The employees attorney, James Hundley, appealed
claims
as being preempted by 301 of the
and contacted Jeremy Taylor of the Nation-

Labor Management Relations Act (LMRA).

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valawyersweekly.com

Virginia Lawyers Media, April 1, 2016 | Page S-3

JACK OF ALL TRADES

Harris long legacy and tenure at VTLA honored

By Peter Vieth
Superlatives are easy to find when
asking about the contributions of
Jack L. Harris to the Virginia Trial
Lawyers Association.
Stellar. Legend. A perfect fit for
the job.
The accolades flow when you ask colleagues and co-workers about Harris and
his 38 years of service to the bar and the
ideal of justice.
The retiring executive director of the
VTLA leaves a legacy of vision and advocacy that changed laws, aided the helpless and built vital organizations, often
while shining the spotlight on other leaders, according to those who have worked
with him.
Harris has administered the VTLA for
25 years since taking office in 1990, with
a one-year diversion as manager of a major law office.
Administering an organization of volunteer professionals is never easy, but trial
lawyers are known to be a breed apart.
Some of us have egos. You know how
it is with us trial lawyers, said former
VTLA president Thomas J. Curcio.
VTLA members are both solos and
members of firms large and small. Some,
especially those from the Richmond and
Tidewater areas, are direct competitors
in the personal injury marketplace.
Jacks managed to work with them
all, Curcio said. He handled the task with
grace and style and good humor, Curcio
added. Ive never seen him lose his temper.

As only the second long-term executive director at the VTLA, Harris was responsible for its growth and development
into a healthy and respected voice for the
plaintiffs bar, Curcio said.
With Harris in office, the VTLA added additional practice sections, including
criminal law and domestic relations, to
grow the membership, VTLA leaders said.
Harris was a steady hand, said former
VTLA president W. Coleman Allen Jr.,
pointing to the longevity of other staff
members in the association office. Allen
noted that Harris early on pushed to create a pension plan for other staff members, not just the executive director.
And Harris was the single most important factor in the VTLAs growth, Allen added.
He has that wonderful, diplomatic
manner, Allen said.
During Harris tenure, the VTLA also
expanded its amicus curiae, legislative
and political action programs, including
the groups support of indigent defense
funding.
Not every state has such a healthy and
esteemed plaintiffs bar organization.
The VTLA is in the very top tier
among statewide personal injury bars,
Harris said.

A collaborative approach

Cordial relations with other groups is

a hallmark of Harris work. Harris has
been witness to, and to some extent credited with, a strengthening of ties between
Virginias statewide bar groups over the

n See RETIREMENT on PAGE 13

HARRIS

The law firm of

Midkiff, Muncie & Ross, P.C.
is pleased to announce James G. Muncie, Jr.
is now available to provide professional
alternative dispute resolution in workers
compensation and civil litigation.
Mr. Muncie is a director
of Midkiff, Muncie &
Ross, P.C. and a certified
mediator by the Supreme
Court of Virginia. He has
practiced as a trial
attorney for nearly 30 years
in workers compensation
and civil litigation.

Phone: 804-560-9600
Email: jmuncie@midkifflaw.com

Richmond, VA w Northern, VA w Bristol, VA

Roanoke, VA w Raleigh, NC
www.midkifflaw.com

After 12 years on the Bench,

Hon. Michael S. Irvine

has joined the Panel of Neutrals at

Juridical Solutions, PLC
Judge Michael S. Irvine retired
from the 25th Judicial Circuit Court.
He primarily sat in Rockbridge
County (Lexington) and the city
of Buena Vista. Judge Irvine,
Ret. presided over many complex
business, medical malpractice,
personal injury, construction and
domestic relations cases.
Juridical Solutions, PLC Panel of Neutrals consists exclusively of Retired Judges
Hon. Leslie M. Alden, Ret.
Hon. Benjamin Kendrick, Ret.
Hon. Daniel T. Balfour, Ret.
Hon. John E. Kloch, Ret.
Hon. Robert F. Frank, Ret.
Hon. John J. McGrath, Jr., Ret.
Hon. Humes J. Franklin, Jr., Ret.
Hon. David A. Melesco, Ret.
Hon. Aundria D. Foster, Ret.
Hon. William H. Shaw, III, Ret.
Hon. Catherine C. Hammond, Ret.
Hon. Louis A. Sherman, Ret.
Hon. Michael S. Irvine Ret.
Hon. Ann Hunter Simpson, Ret.
Hon. Marc Jacobson, Ret.
Hon. Margaret P. Spencer, Ret.
Hon. J. Samuel Johnston, Ret.
Hon. John Charles Thomas, Ret.
Hon. Marcus D. Williams, Ret.

For further information visit our website

ww.juridicalsoutions.com
1-888-EX-Curia (1-888-392-8742) or
info@juridicalsolutions.com

Page S-4 | Virginia Lawyers Media, April 1, 2016

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CONVENTION BRIEFS
Reflections from
Justice Mims
Together We Do
Justice is the title
of the talk Supreme
Court Justice William
C. Mims will be giving this morning at
the VTLA convention.
In the program,
Mims will offer
personal reflections
MIMS
on our obligations
as lawyers to serve
those who need our assistance.
The time for the good justices presentation is 10:45.

Java and judges

Get an early start on the festivities tomorrow morning and get up and have a
steaming cuppa joe with judges who are
in attendance at the VTLA meeting.
It starts at 8:00 a.m., and it wont
conflict with the Fun Run this year the
run has been moved to 3:00 p.m. Saturday afternoon.

Gourmet Safari.
You can join The Homesteads culinary team for a trip through the resorts
culinary venues. Stops include the wine
room, the main kitchen and the pastry
shop. The safari includes tips on making
cocktails, selecting wines and more.
The safari costs $55 per person (which
can be added to your room tab) and space
is limited. Sign up through the VTLA.

Ethics revisited
Jack Marshall of
ProEthics in Alexandria was giving the
two-hour program on
legal ethics called,
Combat Ethics,
yesterday.
If you missed it,
or came down to Hot
Springs later than
MARSHALL
Thursday afternoon,
you can still get the
two hours of ethics that the Virginia State
Bar requires this year.
A replay of the program is set for Saturday afternoon from 2:00 to 4:00 p.m.

All sorts of torts

The VTLAs incoming top leaders,
Stephanie Grana and Lee Livingston,
will lead a discussion of the latest personal injury cases across Virginia is a
Tort Law Update on Saturday morning.
The program begins at 8:45.

How to apply the new

ethics rules on tech

Grab your pith helmet

and fork and spoon
There is new treat for VTLA attendees and their guests this year the

The Law Office Management Interchange this morning tackles a timely

topic how to comply with Virginias

new ethics rule that imposes use of
reasonable information security practices in your office to maintain client
confidences.
The presentation by Steve Harper and
Rob Dean is called, Adapting to Change
in Your Practice. The curtain rises at
7:15 this morning.

From Alabama
to Virginia
Two leaders from the Southern Poverty Law Center in Montgomery, Alabama,
will be at The Homestead for the VTLA
meeting, and both will provide presentations for attendees.
SPLC co-founder and stalwart Morris
Dees will speak on Selecting a Winning
Trial Theme this morning at 9 a.m.
And SPLC President Richard Cohen
will talk tomorrow at 11:10 a.m., on the
topic of New Frontiers in LGBT Law.

Four judges on
expert testimony
The annual judges panel should be
required listening, as four circuit court
judges from across the commonwealth
will address the topic of Admissibility of
Expert Testimony.
The scheduled panelists are:
Chesterfield County Circuit Judge
Lynn S. Brice
Scott County Circuit Judge John C.
Kilgore
Richmond Circuit Judge Joi J. Taylor
Arlington County Circuit Judge
Louise M. DiMatteo.
Kyle McNew of Charlottesville will
moderate the discussion, which begins
at 4:15.

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Virginia Lawyers Media, April 1, 2016 | Page S-5

VADAs Ladd to receive

inaugural civility award
By Peter Vieth

OBrien named as
new exec of VTLA
By Peter Vieth

A joint project by litigators to nurture the spirit of civility in Virginia

practice will recognize one of the
leaders of the effort this weekend
at the Virginia Trial Lawyers Association annual convention.
The Virginia Trial Lawyers Association
will honor Bristols Richard E. Ladd Jr.
with the first VTLA-VADA Civility and
Professionalism Award.
Ladd primarily a defense attorney
and a past president of the Virginia Association of Defense Attorneys has forged
ties with the plaintiffs bar and encouraged a cooperative approach for advocates who often square off in court.
Last year, the VTLA and the VADA together created an award to annually honor a member of each organization for civility and professionalism in the practice.
The award is the latest stop in the
groups combined effort to foster professionalism. The founders of that project
were the VTLAs Thomas J. Curcio and
the VADAs John R. Owen, both serving
as association presidents at the time.
The idea was to demonstrate zealous
representation while being civil and professional, Curcio said.
Aimed in part at younger lawyers, he
said the goal was to counter the idea of
lawyers as belligerent, banging heads all
the time.
Former VTLA president W. Coleman
Allen Jr. said the project grew out of a
sense that Virginia practice might fall
prey to the rough edges emerging elsewhere.

A familiar face will inherit the

top office at the Virginia Trial
Lawyers Association as longtime executive director Jack L.
Harris retires this year.

LADD
It was not so much that civility has
been lost, but it had been threatened,
Allen said.
The project was aimed at shining
that spotlight on the importance of it,
he added.
I think we do a better job of that in
Virginia in our litigation community, Allen said.
The VADAs inaugural award will be
presented at the groups annual meeting
in October.

Valerie OBrien, the chief operating officer at the VTLA, takes the
reins this month.
Her selection by the board was
an absolute consensus, according
to board member and former VTLA
president W. Coleman Allen Jr.
A 24-year veteran of the VTLA
office, OBriens greatest strength
may be her inside knowledge of the
organization and its operations.
Allen said OBriens selection
as executive director portends a
steady course for the approximately
2,000-member group.
OBrien, he said, is the chief disciple of the Jack Harris way of doing
things.
We couldnt have found a better
successor, Allen said.
Harris agreed.
Continuity matters in professional associations, Harris said.
There is no question that Valerie
OBrien will be a great exec at VTLA
and the strength of the staff she inherits and has been leading will con-

OBRIEN
tribute mightily to that, Harris said.
Having worked with her for
around 24 years, there is not a lot she
doesnt know, he added. I hope she
loves it as much as I have.
OBrien started at the VTLA as
director of communications in 1991.
She became COO in 2014.

Take legal news everywhere you go

valawyersweekly.com

John Lichtenstein and Lichtenstein Law Group, PLC congratulate

Jack Harris
on 26 incredible years of service to the Virginia
Trial Lawyers Association. We congratulate

Valerie OBrien
on becoming Executive Director. And we congratulate

Stephanie Grana
as she becomes president of the VTLA.

Roanoke
Liberty Trust Building
101 S. Jefferson St., Suite 400, Roanoke, VA 24011
Mailing Address: PO Box 601, Roanoke, VA 24004
540-343-9711

Page S-6 | Virginia Lawyers Media, April 1, 2016

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Benefits of post-trial interviews are clear

By Julie Campanini
Dolan Media Newswires
We jury consultants interview hundreds of jurors after trial to learn
specifics about what went down
during deliberations, how they reacted to witnesses and evidence,
and to find out generally what went
wrong and what went right.
Because there will always be a next
time, it is extremely helpful to know what
jurors really thought last time.
An expert witness can make a lasting
impression on jurors and have a huge
impact at trial. Since expert witnesses
are often recycled, its imperative to understand how jurors receive them. When
lawyers see an expert with the right credentials who reflects their case themes,
they often rest assured that they have a
brilliant ace in the hole.
Not so fast. A sampling of jurors from
different cases reveals they want approachable, likeable, down-to-earth witnesses who bring something to the case
that helps them make their decision.
Check out the following juror comments:
I didnt like [a company representative]. During his part of it, he seemed
like the defendant knew there was a
[contaminant] in their product and
didnt use a warning label. I think he
hurt the Defendants case, because I
think the defendant knew they should
have had a warning label.
I think [a company representative]
is the one who got the numbers wrong on
the chart. He contradicted everything he
wrote in his report. His response when he
was asked about it was that it was a typo.
It made us question whether he was lying
about it to help the Defense.

I have mixed feelings about him.

He knew what he was talking about.
He always testifies for the Defense
though, and that hurt him.
[The key plaintiffs witness] was arrogant. He overplayed his hand a bit. He
could have said that he was really upset

when he found out about the conspiracy,

but he was dramatic about it all. It was
too much.
[An economists] reports seemed accurate. She did a lot of research and knew
exactly why her numbers were changed
when she had to change her numbers.

She was very detailed and broke down all

the calculations.
First [plaintiffs] witness, John Doe,
was not impressive. He could have videotaped his testimony it was very re-

n See JURORS on PAGE 13

Congratulations to
Stephanie E. Grana
Stephanie is truly a star and one of the
best trial lawyers in the Commonwealth.

According to legend, an ostrich will shove its head in the sand

We are so proud to have her represent

us as the next President of the Virginia
Trial Lawyers Association.

when confronted with something unpleasant. I think youll agree probably not the best approach.

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Virginia Lawyers Media, April 1, 2016 | Page S-7

Together We Win

The 57th Annual Convention of the Virginia Trial Lawyers Association

March 31 - April 3, 2015 The Homestead Hot Springs, VA

FRIDAY, APRIL 1
7:15 a.m.

Law Office Management Interchange

Adapting to Change in Your Practice
Open idea exchange on the business of a law practice, including
ways to meet Virginias new Rules that impose an ethical obligation
to use reasonable information security practices to protect client
confidentiality.
Stephen T. Harper, Reinhardt | Harper | Davis, Richmond
Robert E. Dean, Rob Dean Law, Roanoke

8:15 a.m.

Annual Meeting

8:30 a.m.

Cracking the Code of the Workers Comp Bar

Cory R. Ford, WilliamsFord, Leesburg

9:00 a.m.

Unconventional Responses to Unique Catastrophes:

Tailoring the Law to Meet the Challenges
Kenneth R. Feinberg, Law Offices of Kenneth R. Feinberg PC,
Washington, DC

9:45 a.m.

Children as Witnesses
Julie E. McConnell, Director, Childrens Defense Clinic and
Associate Clinical Professor of Law, University of Richmond

10:30 a.m.

Networking/Coffee Break

10:45 a.m.

Together We Do Justice: A Personal Reflection

A focus on our obligations as lawyers to serve those who need our
assistance.
The Hon. William C. Mims, Supreme Court of Virginia

11:30 a.m.

Be the Fairest of Them All - How to Win by Validating

Negative Values and Beliefs
How to move toward and make use of the bad from jurors,
opponents and their witnesses, instead of wrestling against them.
Achieving that goal creates a result where outrage is activated
against the bad behavior of your opponents for their failure
to honor the values and beliefs they espouse, betraying jurors
expectations.
Marjorie Russell, MARJury Consulting, Mason, Michigan

12:15 p.m.

Section Luncheons
Contributor Luncheon
The Hon. Ralph S. Northam
Lieutenant Governor of Virginia
Family
Building Trust Special Issues in Setting Support for
Disabled Persons
Joanna L. Suyes, Marks & Harrison, Richmond
Kelly A. Thompson, Thompson Wildhack, Arlington
Criminal
A Beautiful Mind...Or Is It? Is Virginia ready to have a
conversation about Diminished Capacity?
Shannon L. Taylor, Henrico County Commonwealths Attorney

CONTINUED ON PAGE 8

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Page S-8 | Virginia Lawyers Media, April 1, 2016

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Together We Win

The 57th Annual Convention of the Virginia Trial Lawyers Association

March 31 - April 3, 2015 The Homestead Hot Springs, VA

FRIDAY, APRIL 1 (CONTINUED FROM PAGE 7)

12:15 p.m.

3:00 p.m.

Somewhere Uber the Rainbow Finding the Pot of Gold

Jessica L. Sura, Blankingship & Keith, Fairfax

3:15 p.m.

Networking/Coffee Break

3:30 p.m.

Analyzing Police-Involved Shootings

Look into the statistics and demographics of police-involved
shootings in the Commonwealth as well as what is involved when
deciding on charges, how investigations are conducted, and what
happens in the public relations world. From that, explore the line
between criminal and civil negligence.
Michael Herring, City of Richmond Commonwealth Attorney,
Richmond

4:15 p.m.

Judges Panel: Admissibility of Expert Testimony

The Hon. Lynn S. Brice, Chesterfield Circuit Court
The Hon. John C. Kilgore, Scott Circuit Court
The Hon. Joi J. Taylor, Richmond Circuit Court
The Hon. Louise M. DiMatteo, Arlington Circuit Court
Kyle McNew, MichieHamlett, Charlottesville, Moderator

5:00 p.m.

Adjournment

5:30 p.m.

Friends of Bill W.

6-8:00 p.m.

Allen Party

Section Luncheons, cont.

Workers Compensation
National Trends in Workers Compensation
Charles R. Davoli, Moore, Thompson, & Lee,
Baton Rouge, Louisiana
Combined Sections
Pooled Special Needs Trusts
J. Penn Crawford, Marks & Harrison, Richmond
Joanne Marcus, Executive Director,
Commonwealth Community Trust
Young Trial Lawyers
Practice Tips for All Ages
The Hon. Joel Hoppe, U.S. Magistrate Judge,
Western District of Virginia

1:45 p.m.

2:00 p.m.

2:45 p.m.

RGR v. Settle: Pleading a General Duty Owed to Mankind

David Irvine, Allen Allen Allen & Allen,
Charlottesville
Whats Love Got To Do With It?
Case Selection Through the Eyes of Aristotle, Neal DeGrasse
Tyson and Tina Turner
Robert T. Hall, Hall & Sethi, Reston
MedPay: Confronting ERISA & health insurance hurdles
Brody H. Reid, ReidGoodwin, Richmond

CONTINUED ON PAGE 10

valawyersweekly.com

Virginia Lawyers Media, April 1, 2016 | Page S-9

Virginia Supreme Court Changes the Rules of Professional

Conduct: Lawyers Must Address Data Security

The changes in Rule 1.1 (Competence) and 1.6 (Confidentiality)

of the Virginia Rules of Professional Conduct, effective March
1st, offer guidance on protecting a law firms confidential data.

We wrote the book on

data security!
CALL SENSEI FOR ALL YOUR CYBERSECURITY NEEDS
Free initial consultation, security assessments, security remediation, e-mail
encryption, back-up solutions to protect you against ransomware, security
policies and incident response plans.

Page S-10 | Virginia Lawyers Media, April 1, 2016 valawyersweekly.com

Together We Win

The 57th Annual Convention of the Virginia Trial Lawyers Association

March 31 - April 3, 2015 The Homestead Hot Springs, VA

Saturday, April 2
8:00 a.m.

Coffee with the Judges

11:45 a.m.

Family Law Reception

8:45 a.m.

Discrimination in Housing - Working to Right the Wrongs

The Honorable Timothy M. Kaine
U.S. Senator

12:00 p.m.

Shadow Boxing Empty Chairs, Superseding Cause and

Defendants Burden of Proof?
Mary Lynn Tate, TateLaw PC, Abingdon

9:15 a.m.

Tort Law Update

Stephanie E. Grana, Cantor, Stoneburner, Ford, Grana & Buckner,
Richmond
Lee Livingston, MichieHamlett, Charlottesville

12:15 p.m.

Legislative Update

1:00 p.m.

Womens Caucus Luncheon

The Honorable Jane Marum Roush

10:15 a.m.

Networking/Coffee Break

1:30 p.m.

Golf Tournament

10:30 a.m.

Amicus Curiae Update

1:30 p.m.

Sporting Clays Shoot

10:45 a.m.

Presentation of VTLA-VADA Civility & Professionalism

Award to Richard E. Ladd, Jr.

3:00 p.m.

<3 Mile Fun Run

2-4:00 p.m.
11:00 a.m.

New Frontiers in LGBT Law

Richard Cohen, President, Southern Poverty Law Center,
Montgomery, AL

Ethics Video Replay

If you missed Thursdays live presentation, catch it here on video.

5:45 p.m.

Friends of Bill W.

6:00 p.m.

Reception

7:00 p.m.

Banquet

11:45 a.m.

The Below Average Defendant:Establishing BAC Evidence

in DUI Cases
Kevin M. Duffan, Shapiro, Appleton & Duffan, Virginia Beach

valawyersweekly.com

Virginia Lawyers Media, April 1, 2016 | Page S-11

Annual Convention Sponsors

The financial support of these sponsors is vital to the success of the VTLA Convention. The VTLA gives its heartfelt thanks to all.
THURSDAY, MARCH 31

FRIDAY, APRIL 1, cont.

SATURDAY, APRIL 2, cont.

Welcome Reception
Bangel, Bangel & Bangel, LLP
Curcio Bergeron
Health Information Resources, Inc.
MartinWren, PC
Patten, Wornom, Hatten & Diamonstein, LC
Reinhardt l Harper Davis, PLC
VTLA Executive Council
John Lichtenstein
Stephanie Grana
Bryan Slaughter
Lee Livingston
Jason Konvicka
Elliott Buckner
Craig Davis
Tom Curcio

Family Law Section Luncheon

Mullet, Dove, Meacham & Bradley PLLC
Broughton Associates

Family Law Reception

ShounBach
The Susan Hicks Group PC
Owen & Owens PLC

YTL Social
Planet Depos

Combined Section Luncheon

Commonwealth Community Trust
Workers Compensation Section Luncheon
Summit Pharmacy
ChasenBoscolo Injury Lawyers
Young Trial Lawyers Luncheon
American Association for Justice
The Law Office of Dale W. Pittman
Synergy Settlement Services
The Allen Party
Allen, Allen, Allen & Allen

Womens Caucus Luncheon

Regan, Zambri & Long PLLC
Family Fun Run
Steve Garver, Garver Law Offices PC
Sporting Clays Fun Shoot
Synergy Settlement Services
Final Four Basketball TV
Nichols Zauzig Sandler PC

SATURDAY, APRIL 2

Banquet
The McCammon Group
Coffee Breaks
JMW Settlements, Inc.

Coffee with the Judges

Gerald A. Schwartz & Karen A. Hainer
Owen & Owens PLC
Virginia Lawyers Weekly

General sponsors
Koonz, McKenney, Johnson,
DePaolis & Lightfoot LLP
WilliamsFord

FRIDAY, APRIL 1
Law Office Management Interchange
Burnett & Williams
Contributors Luncheon
Breit Drescher Imprevento
Brown & Jennings PLC
Crandall & Katt

VTLA
2016 President

Congratulations Stephanie Grana!

The attorneys and staff at Cantor Stoneburner Ford Grana & Buckner
want to congratulate our partner and friend, Stephanie Grana, on her
election as President of the Virginia Trial Lawyers Association.
Her timeless devotion to VTLA, the Bar, her clients, community, our
firm, and most importantly her family, is inspiring.

Stephanie Grana
VTLA President, 2016
Over 22 years experience
representing catastrophically injured
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Over 30 verdicts and settlements
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Best Lawyers in America: Medical
Malpractice
AV rated by Martindale Hubbell
Virginia Super Lawyer: Top 25
Women, Top 100 Virginia, Top 50
Richmond
Influential Women of the Year by
Virginia Lawyers Weekly (2010)
Top 40 Under 40 by Style Weekly
(2008)

VirginiaTrialFirm.com
Relentless Devotion. Proven Results.

800.648.1488
Personal Injury | Truck/Tractor-Trailer Accidents | Traumatic Brain Injury | Wrongful Death
Medical Malpractice | Premises Liability | Legal Malpractice | Civil Rights

valawyersweekly.com

Virginia Lawyers Media, April 1, 2016 | Page S-13

JURORS |

n continued from page 5

hearsed.
We also probe jurors about what
they liked most and least about the
case in general and the overall process. Often jurors are confused when
they first arrive. Here they are, suddenly sworn in to serve as a juror on
a case they know absolutely nothing about, often in an industry with
which they are unfamiliar.
Providing pre-instruction and clarifying the role of the jury helps jurors focus. In addition, they usually
remember things that they find confusing or annoying. Trials are long
and laborious to laypeople, especially civil trials involving complicated
information. Jurors often complain
about overlapping witnesses and redundant questioning.
Here are some general juror comments about parties, lawyers and the
process:
Defendant would have been better to show us documentation. Even
if they said, Here are our sales records or We never sold products to
that company, some sort of paper
trail would have been very helpful.
My husband is in law enforcement and I watch a lot of crime shows
and Judge Judy. I was prepared that
the defense would discredit the
plaintiffs. One thing that was hard
was that it was not as entertaining
as I had expected and it was more
information than what I wanted to
hear. It was hard to listen and pay
attention closely. A lot was over my
head and insurance information is
not something that we listen to every day. It was difficult sometimes to
stay engaged.
It would have helped to know
what the question was that we were
supposed to answer. We knew it involved a fraud case, but none of us
knew what question we were going
to answer.
I liked Mr. Doe, who we called
Clooney because of the resemblance.
I liked him because he got to the
point very quickly and would cut
people off if they started talking too
much. Again, he was snappy. I liked
the fact that he got right to the point

and he cut people off but in a polite

way.
Having the scientists come up
with a Defense strategy seems totally inappropriate, and the DEFENDANT paid for a lot of the studies
that were conducted. Also, there was
testimony about having Senators in
the DEFENDANTS pocket to get the
regulations changed.
I think [the plaintiffs attorney]
was really good. The only thing I
didnt like is when he called out his
own witnesses and got frustrated
with his own witnesses. He should
have handled himself better.
The only thing is that it seems
like for [my first time on jury duty],
both sides need to be cognizant about
how long they are keeping the jury.
The judge tried to give us breaks but
often the testimony was going way
over and the judge had to interrupt.
We tried not to wet our pants and it
is hard to focus. Even if they arent
done, give us a break. We can pay attention better. Some things were lost
because we were clock watching.
[The plaintiffs second chair]
seemed to be out as far as the process. Snickering, laughing and I did
not appreciate that. We are in court
a long time and sometimes it is very
boring and it was tough to stay focused and there were few breaks. I
was trying to pay attention and he
was distracting. He crossed Dr. Doe
and was really loud and stood right
in front of the jury and talk[ed] very
loudly about something outrageous.
His whole demeanor was bad. Did
not help his case at all. Personally, I
did not react to him very well.
We learn a lot from post-trial interviews. Obviously, for confidentiality purposes, I refrained from posting
more substantive information about
jurors processing of specific case
information. But hopefully some of
the above comments effectively illustrate the value of speaking to them
after every trial. For trial attorneys,
its a real gem: a low-budget endeavor with a potentially giant payoff.

RETIREMENT |
past several decades.
Once marked by jealousy and occasional sniping, the relationships among
the Virginia State Bar, the Virginia Bar
Association, the VTLA and the Virginia
Association of Defense Attorneys now are
marked by collaboration and cooperation,
bar leaders said.
The executive directors of the four
groups regularly get together for lunch
to share information on projects and positions.
Theres a lot of stuff we can all get
done when were all on the same page,
Harris said.
We talk about projects for collaboration, said VBA executive director Yvonne
C. McGhee. Other plans are shared for
discussion about cooperation, if possible,
or just an understanding of the various
groups positions, she added.
He, in my mind, is a legend in the legal
community, McGhee said.
She said Harris had mentored her
over the past four years, after she moved
from director of the Fairfax Bar Association to her executive position with the
statewide VBA.
I value his friendship, McGhee said.
Harris service to the VTLA has only
one gap in 26 years. There was a one-year
hiatus when Harris departed in 2001 to
run the office of several of its staunchest
members at the Richmond firm of Allen,
Allen, Allen & Allen.
The brief exodus ended without anyones hard feelings, it appeared.
He did a great job at my firm, Allen said.
Im really glad I did it, in the sense
that I learned a lot in that year, Harris
said.
The experience exposed Harris to relationships among firm partners and the
value of consensus, Allen said.
He was a better executive director at

n continued from page 2

VTLA than he had been before. He was a
stronger leader when he went back, Allen said.

Legal aid veteran

Harris service to the bar is rooted in

his nearly 11 years as executive director
of the Legal Services Corporation of Virginia, the funding arm of Virginias legal
aid offices.
While at the LSCV, Harris worked
with legal aid directors and stakeholders
throughout the state to found the Virginia Poverty Law Center. Harris served as
ED at the VPLC for its first four years.
Harris said working with strong personalities as an administrative chief
means allowing others to lead.
You have to recognize youre going
to have to sublimate some of your independence, your inclination to go it
alone, he said.
A key is recognizing the value of collaboration.
There are so many things you can do
collectively that you couldnt do individually, Harris said.
Harris said he will continue to work
with the VTLA for a year in an indefinable role of senior policy advisor.
Ill try to help whenever Im asked to,
and Ill try to stay out of things when Im
not, he added.
Travel is also part of the plan for Harris.
I want to take some time to see what
it feels like to not have all my time committed, he said.
Volunteer work and board memberships
will remain on his agenda, Harris added.
Harris hopes to continue serving on the
Central Virginia Legal Aid Hotline.
Lawyers and law firms have an awful
lot to be proud of in terms of their commitment to helping those who cannot afford to hire a lawyer, he said.

Thank you, Jack

The Virginia Trial Lawyers Association

thanks Jack Harris for nearly 28 years of
service and passion for our members,
our profession and our ideals.
Enjoy your retirement!

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CLASSIFIED
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The United States District Court for the Eastern District of
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ERRORS
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