A first, a second and a third for the VADA

27 10 2011

WILLIAMSBURG—Richmond lawyer Lisa Frisina Clement became president of the Virginia Association of Defense Attorneys today at the group’s annual meeting at the Kingsmill Resort.

The VADA was founded in 1968; Clement is the first woman to lead the defense bar.

The group came close in the early 2000s, noted outgoing president Dennis Quinn. Pamela Baskervill of Petersburg was one of the officers when she was elected to the circuit bench in 2003.

Quinn quipped in passing the gavel to Clement, “I am proud to be the last in a long line of male presidents.”

If the VADA waited 43 years for its first female president, it won’t be long until the second takes office. Elizabeth Perrow of Roanoke is right behind Clement as president-elect.

Following Perrow will be John Owen of Richmond.

However, the group will have a third female president in four years: Richmond’s Kathleen McCauley was elected secretary at today’s meeting.



When the records come marching home, hurrah

27 10 2011

Civil war aficionados here in Virginia have been angry at the state of Minnesota for years, because officials at the Minnesota Historical Society have refused to return a Virginia battle flag that was taken at the Battle of Gettysburg.

This item somehow remains in the Gopher State despite the fact that in 1905, Congress passed a resolution requiring all stolen/borrowed Civil War flags to be returned to their home states.

Here’s a historical tale with a happier ending. And in Virginia, there is no history like old history.

During the war, in 1862, a Union Army captain named William Treadwell, of the 4th New York Regiment, swiped a volume of court records from the Stafford County Courthouse. The volume ultimately made its way to Jersey City, N.J.

The leather-bound book includes a transcription of Stafford court records from 1749 to 1755. The pages are yellow and the binding on the book is broken. It was compiled by John Fox, who was the Stafford County deputy clerk in 1791.

Earlier this month, John Beekman, the assistant manager of the New Jersey Room in the Jersey City Free Public Library, found the Stafford records in a box; he was gathering information for a commemoration of the 150th anniversary of the beginning of the war.

Did the library, Minnesota-style, try to keep the book? No, officials in Jersey City called officials here, and on Oct. 20, they turned the volume over to Carl Childs, director of the Local Record Services at the Library of Virginia.

It turns out that Stafford is one of those counties that has lost a lot of its history. Childs told The Jersey Journal that so few records remain from Stafford County Court from before the Civil War that the state has classified it as a “catastrophic loss.”

“This helps fill one of those holes,” Childs said.

There are interesting tidbits of history throughout the volume.
* For example, one man was fined for cursing in church.
* Witnesses who testified before the court got paid, but in tobacco. Two days of testimony was worth 50 pounds of the weed.
* And some things don’t change: There was a lawsuit filed by an angry widow who contested the fact that she only got one third of her husband’s stuff.

Childs said that the Library of Virginia will make a copy of the book for the public. The original will be restored and filed away for safekeeping. Here in the Old Dominion, after all those years.

— with material from the AP



That was then, this is now

25 10 2011

You might read this item, recall your own misspent undergraduate days and be glad you applied to law school in the pre-Facebook era.

A whole lot of law school admissions officials have been going online to review their applicants’ digital trail to determine whether to say thumbs-up or thumbs-down.

Kaplan Test Prep just conducted a survey of law schools and some 41 percent of admissions officers admitted that they had Googled the names of applicants.

Thirty-seven percent said they had been on Facebook, seeking information.

The survey was conducted by phone this past summer. A total of 200 ABA-accredited law schools were contacted, with responses recorded from 128 of them.

The bad news for a student with something sketchy circulating in the ether is that this stuff matters. Almost a third – 32 percent – of the admissions officers said that information learned online had hurt an applicant’s chances of admission.

What are the admissions people looking for when they Google or Facebook? Many bar licensing groups – including the Virginia Board of Bar Examiners – impose character and fitness tests as part of their vetting process. So, in two words, they are looking for good judgment.

Jeff Thomas, director of Kaplan’s pre-law programs, said in a release, “Clearly, an applicant’s digital trail can be an indicator of whether or not he or she possesses this quality.”

Forewarned is forearmed.



All the news that’s fit to tweet

25 10 2011

Random tweets from Twitter, collected during the past week:

Notes on domestic relations, from @qwertying:
I just read last year 4,153,237 ppl got married. I don’t want to start any trouble, but shouldn’t that be an even number?

Deep thoughts, provided by @rolldiggity:
It’s sad how Wile E. Coyote is remembered for his violence, and not for his brilliantly realistic paintings of tunnels.

Helpful hints, not from @heloise, but from @ablanchard519:
Dropped ipod in the sink last night, so i dried it off and thought it was toast. Put it in a bag of rice overnight and the thing works fine!

Technology updates, courtesy of @rfelty:
Leaf blower finally gave out. Picking up a new model. Think they’ve improved in 5 yrs. This one is also a WiFi hotspot.

And a fair-warning tweet to pull out on a no-good, very bad day, from @PubChick:
Today’s bad mood was brought to you by the letters F & U.



Take this job and …

12 10 2011

If you think the idea being a lawyer sounded better before you went to law school, took the bar exam and started practice, you are not alone.

“Attorney” made the list of the “Most Overrated Jobs of 2011,” just released by the Internet job site CareerCast.com, taking sixth place.

The folks at CareerCast.com define overrated jobs as “those that on the surface seem to be outstanding, but in reality carry unrecognized downsides that can, at times, make them not so great after all.”

Some of the drawbacks are more stress, environmental dangers and physical demands than are typically recognized. In the overrated fields, the hiring outlook may be dismal, even depressing.

Topping the 2011 list was “Senior Corporate Executive” (and this was before the Occupy Wall Street people started agitating), followed by “Surgeon.”

All is not lost at a law firm, reports CareerCast.com. They also publish a companion list of the “Most Underrated Jobs of 2011.”

Number one on the underrated list: “Paralegal/Legal Assistant.”



What would Arnie Becker do?

11 10 2011

Corbin Bernsen, the actor best known as high-rent divorce lawyer Arnold Becker in the 1980s show “L.A. Law,” has filed a $600,000 lawsuit in Norfolk federal court.

Bernsen claims that in 2009 he signed a $1 million deal with a Virginia Beach marketing firm for a “media campaign aimed at lawyers and law firms.” Things were fine for about two years; however, in June, he says, the company terminated the agreement. Bernsen says he is owed $668,000. The Virginian-Pilot has the full story.



The make-up man

7 10 2011

In honor of National Newspaper Week, I want to share a story from the backrooms of the newspaper business.

There are reporters with byline fever. There are editors who crusade. There are photographers who freeze moments of history. And then there are people who make sure the newspaper goes out every day or every week. This one’s for them.

My grandfather, Paul Edwin Fletcher (he went by Edwin), spent his entire working life at the Middlesboro Daily News in Middlesboro, Ky. He started there as a boy of 15 in 1929, and he retired 53 years later, in 1982.

Granddad was “a make-up man” – that’s a job title you don’t hear any more, except maybe on a movie set. He worked with lead type, making up the pages of the paper and preparing them for the press.

I got my first view of the newspaper world when I was about five. On a family trip into Middlesboro, my dad (Paul Edwin Fletcher Jr. – he went by Paul) took me to see Granddad at work.

Mostly I remember a lot of noise. The presses were loud and clanging. And I recall Granddad working at a table, putting in type that looked funny – the little letters were backward. He put them into a big metal frame as they became words, sentences, paragraphs, then a page. Granddad’s hands were covered in black, gloppy ink; it stayed under his fingernails no matter how much Lava soap he used.

Granddad was on the small side – I don’t think he ever topped 5’9” – but he had muscular shoulders and thick brawny forearms, the result of a daily workout of lifting those heavy frames of type and carrying them to pre-press.

He wasn’t a man who talked a lot. He didn’t discuss work at home, although my dad told me how once Granddad had to work late, then rushed home excited with the special edition carrying a one-word headline: “WAR!”
But from five, I remember his quiet kindness. He gave my sister, my brother and me each a special gift that trip – our names, spelled out in backwards lead-type. It showed us what he did, and who he was. I still have mine, a small lump of metal that says Paul in 48-point type.

When I was a kid, my family kept moving farther away from Middlesboro – from North Carolina to Atlanta to South Florida. Visits to Kentucky became less frequent. But with each trip I was getting older and better able to understand Granddad’s world.

Middlesboro is just past the Cumberland Gap, where Virginia, Tennessee and Kentucky met and dipped their mountains to provide passage for pioneers headed west. Some people kept going, seeking a better life in Indiana, Missouri and other western states. Some made it just past the gap and decided to stay. The city proudly supports the nearby coal mines, and many miners live in the area.

The east end of Middlesboro, where my grandfather lived, was not tony; many of the frame houses were small. Here or there, you might find a rusted car gradually disappearing into weeds. At most of the homes, though, people tried.

The second time I visited Granddad at work, in 1974, I was a high school senior getting ready for a year as editor of the student paper. By then the make-up process had changed. Granddad still laid out the pages, but he would run printed columns of type with the day’s stories through a waxer, then position them on the pages. The pre-press team then burned a plate that went on the press.

I spent an entire day at the Daily News, helping him lay out the paper. With sure hands and a practiced eye, Granddad methodically measured and sized the columns of type and laid them on the page so straight that you wouldn’t need a level to tell you how true they were. He positioned the headlines, photos and ads. And with his typical quiet kindness, he patiently showed me where my pages were crooked and how to fix them.

Granddad became the first Daily News employee to log 50 years with the paper in 1979; he retired a few years later. He had seen newspaper production go through generations of changes. He missed the next innovation: Computerized layout, just around the corner, put all that valuable make-up work inside a box and on a screen.

Years of working near the noisy presses did some damage. Granddad was nearly deaf, and he refused to get a hearing aid. In later visits, this sometimes made conversation difficult. Usually we would sit on the high porch of his house overlooking the town, communing in a warm silence. I know he was happy when I joined Virginia Lawyers Weekly. He liked the idea of another newspaperman in the family.

I last saw him in 2000, in a grim nursing home – he had fallen and shattered a knee, putting him in a wheelchair. At 86, his body was failing, his mind was mostly gone and his speech was slurred. My sister and I tried to connect with the man we knew. I reached into the darkness, if just for a moment, when I showed him a picture of my son. His face brightened and he said clearly, “I’ve got one of those at home.” He died three months later.

Granddad was a lifelong newspaperman who liked what he did. He knew his role and he played it well for 53 years. Thanks to him, the Daily News went out every day. The people in and around Middlesboro got their paper and the news they needed. He never got a lot of glory, but he served his paper and his community well. He never got a byline.

Actually, that’s not true. He gets one every time I sign my name to an article I’ve written.

— Paul Fletcher



Nevermore?

4 10 2011

Frederick Bouchat has been fighting the NFL’s Baltimore Ravens for a long time.

The team moved from Cleveland to Charm City in 1996; for the first three seasons in Baltimore, the logo on the team helmets was a “Flying B” – A letter B on a shield with a couple of raven wings on the side.

Bouchat, a security guard and an amateur artist, drew a “Flying B” logo and faxed it to the team in 1995. He asked for an autographed helmet and a letter of acknowledgement. He got neither when the team debuted the helmets in 1996.

He sued the team and the NFL a year later, and in 1997, a Maryland federal judge ruled the team had infringed on his design. The 4th U.S. Circuit Court of Appeals upheld the ruling, and the U.S. Supreme Court declined the appeal.

When Bouchat went to a jury in 2002 for damages, they awarded him nothing. Not even an autographed helmet.

Fast forward a couple of years. Bouchat, still steamed at designing a pro team logo with nothing to show for it, files another suit in Baltimore federal court against the Ravens and the league. The Flying B logo shows up in old NFL Films from 1996-98. U.S. District Judge Marvin Garbis tossed the suit, but the 4th Circuit reinstated parts of it.

Now, Bouchat wants to add another defendant – Electronic Arts Inc., the maker of the wildly popular Madden football video games.

The Daily Record, our sister paper in Baltimore, reports that Madden 2011 apparently has a “retro” feature programmed into it, allowing players to use an old logo or uniform for the various teams.

And yes, Bouchat’s lawyer said, the “Flying B” belonging to his client shows up in the game.

No word from the judge when he will rule on adding EA to the suit. Bouchat may recognize the judge — Garbis is the same guy who threw out his suit in 2008, before the 4th Circuit reinstated portions of it.

Note: The images below, from the Maryland Intellectual Property Law Blog, depict Bouchat’s original 1995 drawing and the Ravens’ initial helmet logo.