YLC Docket Call Winter 2018 - Bitly

The Official Newsletter of the Young Lawyers Conference of the Virginia State Bar

Patrick J. Austin, Esq., Editor • Andrew Selman, Associate Editor

Volume 33, Issue 4 • Winter 2018

Q&A with 2017 Lewis F. Powell Pro Bono Award Winner Ofelia Calderón By Patrick J. Austin Ofelia Calderón has been described as “the standard-bearer among the private bar for what pro bono service looks like, or she should be.”1 Calderón has managed to effectively juggle a thriving law practice while also contributing to her community. As a result, she was named the recipient of the 2017 Lewis F. Powell Pro Bono Award, which was created to honor attorneys and attorney groups that have made outstanding pro bono contributions. I had a chance to speak with Calderón about receiving this prestigious award.

Q: Congratulations on winning the 2017 Lewis F. Powell Pro Bono Award. How did you learn you would receive the award?

A:

Honestly, I’m fairly certain that Karl Doss called me personally to congratulate me, which was a surprise, of course.

Q: You are recognized as a tireless advocate for the immigration community. What drives your passion for helping non-citizens?

A:

That’s a tough question. I think it is less about the fact that they are non-citizens and more about the fact that they happen to be vulnerable populations. Combine that vulnerability with a system that is often skewed against them, and I guess I find myself compelled to fight for and with non-citizens. Of course, I come from immigrants myself, but frankly I am fifth generation Mexican American on my father’s side and first-generation Taiwanese on my mother’s side. My family has not experienced the type of immigration struggle that my own clients often do.

Q: What are the biggest legal challenges and issues you’ve encountered while helping the immigrant community?

A:

The biggest legal challenges faced by any attorney who works in this field is the lack of due process when the long–term consequences for non-citizens are so final and often results in separation from their loved ones.

Q: You’ve recently volunteered for the Dulles Justice Project, which was formed to help address claims of individuals and families negatively impacted by federal travel bans in 2017. What type of volunteer

work have you been doing with this project?

A:

At Dulles, my work basically consisted of “showing up.” Literally, with many others, I showed up to offer legal assistance to travelers and their family members who were affected by the travel ban. The ad hoc movement/organization that became Dulles Justice Coalition managed to maintain staff at the airport, between 10 and 12 hours a day, everyday for just over two months. It was an amazing effort. We are not at the airport right now, but we continue to work on issues related to the travel ban. Continued on next page Ø

In This Issue Page 3 How to Ask for a Raise Page 4 Wellness Corner Page 5 President’s Message A Simpler Way of Pro Bono – The Legal Checkup Page 6 The Cyber Attorney Page 7 Invitation • Annual Bench-Bar Dinner Page 9 Young Lawyers Conference Board of Governors Page 10 Virginia State Bar TECHSHOW Page 10 2017-2018 Involvement Guide Page 13 YLC Board Liaisons for District Reps

Ø Q & A with Ofelia Calderón, continued from previous page

Q:

A:

You have served as a member of the Advisory Council of Legal Aid Justice Center, the American Immigration Lawyers Association, the National Immigration Project, CAIR Coalition, and the Virginia Women Attorneys Association. You’ve also served as past President of the Hispanic Bar Association of Virginia. How have you have been able to effectively juggle your volunteer commitments, private practice, family, friends, etc.? That is the million-dollar question. Sometimes, it can be difficult, but I am lucky to be married to someone who has and continues to be supportive of the work I do. Similarly, my business partner is also supportive of the work I do outside my practice. Balance is the key, and I am constantly readjusting.



Q: If you were empowered to implement one change to the legal system to benefit low-and- moderateincome Virginians, what would you change?

A:

Q: You’ve worked on a number of pro bono cases referred from the Legal Aid Justice Center. What legal issues have you encountered in your pro bono volunteer work?

A:

Immigration is my field of expertise, so generally when I take on pro bono work, it tends to be immigration related. More specifically, organizations like LAJC, Ayuda, CAIR Coalition, tend to have a need for pro bono attorneys to represent clients in asylum matters and even U-Visas.

A:

As an immigration attorney, I tend to focus on that field. Unlike criminal proceedings, individuals in removal proceedings are permitted to have counsel, but there is no court appointed counsel and there is no public defender. Allowing low and moderate-income individuals to gain access to some sort of legal counsel in immigration proceedings would make a world of difference.

Q: What advice would you give to young Virginia lawyers who recently graduated and/or are looking to find their footing in the legal profession?

A:

Q: You attended the University of Maryland for your undergraduate agree and obtained your law degree from the University of San Francisco School of Law. What led you to establish your legal practice in Virginia?

College Park, MD, which coincided with a move by my parents to northern Virginia. My oldest son was born while I was in my third year of law school. I realized that I wanted to raise my child closer to my family. Settling in San Francisco just didn’t work so returned to the DC Metro area.



I was a military brat, meaning I moved quite a bit overseas. I attended University of Maryland at

For the new graduates, I would say that it is important to experiment while in law school or directly after. Finding a true calling is a must. Lawyers work a lot. That’s a fact. It is infinitely more satisfying to work long hours when you love what you do. I’m lucky that way and highly recommend it to new lawyers. Patrick J. Austin is a 2013 graduate of the George Mason University School of Law and is currently an Attorney-Advisor for the U.S. Department of Justice in the Office of Information Policy. He also serves as Editor-in-Chief of the Docket Call.

Let’s Build Your Practice Together. We take the calls, and you take it from there. www.vsb.org/vlrs

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How to Ask for a Raise By Shirin Afsous Asking for a raise is a challenging professional and personal obstacle for many young attorneys. However, young attorneys should not allow the intimidation of the process dictate whether they request a raise or not. Rather, young attorneys should strive to maintain a sense of personal development and growth in their careers. With a sense of professional progress comes the natural step of requesting a raise following the passing of whatever amount of time is necessary in a specific position. But how can young attorneys seek a raise? Here are some tips. 1. Share goals and ask for feedback: Have an open and honest discussion with your supervisor about your goals and ask for feedback regarding improvement to reach those goals. The timing of your request is equally as important as the substance of your discussion. Familiarize yourself with your firm or organization’s performance evaluation process. One of the best times to discuss your request for a raise is following a positive performance evaluation. 2. Show initiative: Exceed the standard expectations set for your position and consistently strive to show your superiors that you are willing to take on extra responsibilities. You should also demonstrate your accomplishments and added value to the position. Show that you have taken on additional responsibilities and provide specific details about your accomplishments by sharing examples of projects you have completed and positive client reviews that you have received. 3. Focus on why you deserve a raise: Start the discussion by focusing on your performance and impact for your organization. You should not focus on any tangential issues that might affect why you should receive a raise. You need to systematically approach your superior based on your performance, responsibility, and demonstrated excellence.

4. Research: Before you approach your supervisor, make certain that you have researched the salary trends for your specific position. Before any salary negotiation, you must conduct background research to determine your market value. You must compare yourself with professionals in your geographic area and industry with similar job titles, qualifications, and responsibilities. 5. Be confident: Confidence is key because you are asking your employer to invest a greater amount of capital. Present your case with confidence and be prepared that your superior may decline your request. If your supervisor rejects your request for a raise, either find out what you can do to improve your performance, or be prepared to challenge your supervisor’s assessment. You might not receive the answer you were hoping for. However, by requesting a raise and going through the process, you show your superior that you are assertive and take initiative for your professional growth. Remember: attorneys are negotiators and everything is a negotiation. Shirin Afsous is a 2015 graduate of Suffolk University School of Law. She is currently an associate attorney with Livesay & Myers, P.C. working in their Fairfax office and exclusively practicing family law.

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Welcome to the Wellness Corner By Tiago D. Bezerra, J. Harrison Powell, II, and Heather S. Miller

Studies have found that a quarter of practicing lawyers struggle with substance abuse, depression, anxiety, and stress. Citing this statistic and in recognition of the substantial issues with well-being in our profession, the National Task Force on Lawyer Well-Being published The Path to Lawyer Well-Being: Practical Recommendations for Positive Change (the “Report”) in August 2017. The Report defines ‘well-being’ not just as physical health, but as “a continuous process toward thriving across all life dimensions,” which include the emotional, occupational, intellectual, spiritual, social, and physical aspects of one’s life. Referencing recent studies, the Report acknowledges that the legal community suffers from an elevated risk of mental health and substance abuse disorders. Moreover, the Report admits that, historically, the stakeholders in our profession, such as law firms, law schools, bar associations, and the courts, “have taken a largely hands-off approach to these issues,” considering them only “when forced to because of impairment that can no longer be ignored.” Faced with this reality, the Report strongly recommends that action be taken to address lawyer well-being to improve organizational effectiveness and reinforce competence, ethics, and professionalism throughout the industry. Such action, the Report concludes, is simply “the right thing to do.” Of substantial interest to the Young Lawyers Conference (“YLC”), the Report references one study which found that “young lawyers in the first ten years of practice . . . experience the highest rates of problem drinking and depression.” To many of us early in our career, this may not seem like a surprise. We owe it to ourselves, our profession, and our clients to do something about it. In response to the illuminating Report, the YLC created the Wellness Initiative (the “Initiative”), a new committee focused on raising awareness of lawyer well-being, compiling and providing related resources to its members, and working to eliminate the stigmas associated with mental health issues and substance abuse. This is a monumental task, but considering one statistic cited by the Report that an estimated 65 percent of current equity partners will retire within the next decade, addressing young lawyer well-being now is increasingly important for the future of the profession.

One of the committee’s first initiatives is the “Wellness Corner” – an article published in the quarterly Docket Call, providing the YLC with practical thoughts and tips on lawyer well-being. Since most of our space in this issue has already been taken, this quarter we are leaving you with something fairly straightforward: Exercise Regularly!!! Exercising is everyone’s favorite (and perhaps most short-lived) New Year’s Resolution. This year, try to make it part of your everyday routine. As referenced in the Report, physical activity reduces anxiety and increases energy. Studies also show that exercise improves brain functioning and cognition. Our wellbeing and professional development as lawyers would benefit substantially from improvements in these areas. Starting an exercise routine can be difficult, so take advantage of the changing world of fitness and focus on finding an activity that interests you. Once you discover an exercise routine that gets you excited and fits in your schedule, you may be surprised how easily it becomes part of your day. We’re excited to begin this journey to help young Virginia lawyers assess and improve their well-being, and we encourage any who are interested in the Initiative to volunteer and help make a difference in our profession.

Tiago D. Bezerra is a 2013 graduate of the George Mason University School of Law. He is currently an associate with the Law Office of William A. Marr, Jr. focusing. on representing community associations (homeowners’ and property owners’ associations and condominiums) and small businesses. J. Harrison Powell, II is a 2013 graduate of the Regent University School of Law. He is currently an associate with Heath, Overbey, Verser & Old, P.L.C. focusing on civil ligation. Heather S. Miller is a 2010 graduate of the Washington College of Law at American University. She is currently an associate with Sevila, Saunders, Huddleston & White specializing in domestic relations.

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President’s Message

A Simpler Way of Pro Bono – The Legal Checkup By Christopher R. Fortier President, VSB, YLC President

Eighty-five percent of people with legal problems do not consult a lawyer. Does that sound crazy? Regardless of your answer, it is the reality. Many of these people comprising the 85 percent are people desperately in need of our services and expertise on issues large and small. Furthermore, the percentage of people with legal issues either representing themselves or sitting on their hands praying the issue goes away is 22 percent. These statistics are troubling because exceptional, client-oriented legal services you provide are available. In fact, this cohort of individuals represents a potential source of work for the many new lawyers we swear in each and every year. But how do we engage these potential clients who need our services? Legal Checkup We are seeking to establish Legal Checkups: a no cost, low hassle, online tool that can be set up for in-person consultations. Like the annual checkup at your doctor’s office, you fill out a form describing your situation. The questions asked are in plain English and get to the point. Topics covered

include income, housing, employment, education, veterans’ benefits, and many other common legal needs. You are then invited to have a free brief chat with a lawyer or are referred to resources if you are online. We envision this as a great way to involve potential clients who may need help, but have no idea where to get started.

encountered:

Legal aid organizations, bar associations, community outreach groups, and many others can use these checkups to get their members who are in need a chance to prepare themselves for the questions a lawyer will ask to aid in their case. This checkup will allow for a more transparent attorney-client relationship as the client will know more specific questions and the attorney will be able to prepare for providing legal advice and/or services based on better information from the client. Additionally, the client may be able to spot and take action on potential legal issues in the future.

This program has expanded from the local area of the legal clinic to cover many more communities in southwestern Ontario.

The American Bar Association (ABA) Future of Legal Services report recommends that everyone get a legal checkup once per year so clients can establish a dialogue if any future legal issues arise. The service is becoming more accessible to the general population. The ABA partnered with ARAG® Legal Insurance and CuroLegal to create veteranslegalcheckup.com, which is a checkup with a focus on veterans’ issues. The free service does not collect personal information but flags issues and provides resources a veteran can use based on the zip code entered. One of the best examples I have seen is with the Halston Legal Clinic in Ontario, Canada. The clinic has put together a comprehensive checklist, covering seven categories most page 5 • Docket Call • Winter 2018

1. Income 2. Housing 3. Education 4. Employment 5. Health 6. Family 7. Community Support

YLC Taking Action Our Pro Bono Committee has been diligently working on this project. We are partnering with groups including the Veterans Clinic at George Mason Law and Legal Services of Northern Virginia. I was inspired by the professionalism and the passion to serve those who have given so much to allow us to exercise our constitutional rights and allow us to do our jobs as lawyers, serving clients, advancing access to justice, providing a place for citizens to protect themselves and resolve disputes. I hope our work can get those veterans who need assistance to get the support they need to get their lives where they want them to be. In order to survive in the long term, the legal profession needs to ensure that those requiring legal services have access to the information they need to make the best decisions possible to preserve their rights. We hope that the Legal Checkup is one step in achieving that ideal. Interested in bringing the legal checkup to your pro bono agency, bar association, or nonprofit? Go to our website, click “get involved,” fill out the form, and choose “Pro Bono Committee.” We look forward to hearing from you.

The Cyber Attorney: Encryption: Protecting Your Data by Scott A. Nerlino

Modern law practices generate and store a large amount of data. Your work products to files that your clients provide you are some of your most important assets. Rule 1.6 of the Virginia State Bar Professional Guidelines covers the handling of this data, but in a cryptic way; it tells you not to disclose the data, but doesn’t offer much guidance in how to do it. Unfortunately, while computers offer convenience, they also present a danger. For example, losing all your files at once. Here is a solution – encrypt your hard drive. Encryption Basics Encryption is a system that encodes some form of data so that it can only be read by certain other people. It is a process that dates back thousands of years, but the premise is still the same; convert easily readable date into a form not easily understood by unauthorized users. Once the data is encrypted, it should appear random and provide no clue about what the underlying data is. Thankfully, modern cryptography has advanced far from a simple character to character translation and has become much easier to perform. An example that you use all the time is SSL/TLS which is the encryption used when you go to a website that starts with https. For business use cases, this is exactly the type of system we want: secure, easy, and fast. Hard Drive Encryption There are two main types of hard drive encryption, individual file or folder encryption and full disk encryption. Both are straight forward in terms of what they do, and it is recommended to use full disk encryption. The reason for this is because you do not need remember to put files in a specific folder or to encrypt each file, instead, you just enter your password at start-up and the computer behaves exactly like it was unencrypted. The downside of this is that if you lose your password, your entire system will be unrecoverable. So, make sure that you use a password that you know. If you are using Windows 10 Pro, you can use the built in BitLocker software to encrypt your drive. An alternative tool is the open-source, and very well respected, tool called VeraCrypt. For a Mac, you can use the built in FileVault program. A simple search on Google will show you how to setup the software on your computer; or, if you’re lucky enough to have an IT department, speak to them.

Cloud Encryption There are a lot of cloud storage providers out there now and they’re ever evolving, so it is hard to offer specific guidance on which one to use. That said, there are certain things to look for when selecting a provider. First, if the service is free, it is likely someone is looking at your files. Simply put, you are running a business, pay for the service. Right now, cloud storage is very cheap, often with over a terabyte of storage available for under $100 per year. Second, make sure that the files are encrypted on in both the cloud and in transit. This is important because some providers only do one or the other. Third, read the privacy policy for the service provider. Different services may reserve different rights to look at and review your files. Fourth, consider a service that will encrypt your files that is separate from your cloud storage provider. This extra layer of security can help prevent accidental data breaches through insecure Wi-Fi or internet connections. Encryption While Traveling Trial lawyers may be wary about adding encryption to their laptop because a failure at court can be a problem. I concede that is true, but there are ways to manage that risk while still protecting yourself if your laptop is stolen. Consider that you can bring a USB stick with backups that is also encrypted and locked in your suitcase along with a laptop that is only used for Court, so it does not contain all your files. Conclusion We are each responsible for the security of our client’s file. Encryption is an easy, relatively affordable, and reliable way to secure digital data and every business should be doing it. By protecting your data, you fulfill your ethical obligations and limit your exposure to data loss problems. Scott A. Nerlino is a 2013 graduate of George Mason University School of Law. He is an attorney and currently a data scientist at Aptima, Inc. working on DARPA’s Plan-X, a foundational cyberwarfare program to develop platforms for the Department of Defense, to plan for, conduct, and assess cyberwarfare. He can be reached at [email protected].

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Individual Tickets: https://vsbevent.virginiainteractive.org/Home/Detail/109 Table of 8: https://vsbevent.virginiainteractive.org/Home/Detail/110 page 7 • Docket Call • Winter 2018

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Noteworthy: Seeking Nominations

Solo & Small-Firm Practitioner Forum

The Virginia State Bar Young Lawyers Conference is seeking nominations for the R. Edwin Burnette, Jr., Young Lawyer of the Year Award.

The Solo & Small-Firm Practitioner Forum focuses on issues that confront attorneys who practice alone or in small firms. Law office management and ethics are among several topics covered at these CLEs. These CLEs are free, include lunch, and are available on a first-come, first-served basis.

This award honors an outstanding young Virginia lawyer who has demonstrated dedicated service to the YLC, the legal profession and the community. Information on previous winners can be found here: http://www.vsb.org/site/conferences/ylc/r-edwinburnette-jr-young-lawyer-of-the-year-award The nomination deadline is April 1, 2018. Nominations should be sent to: Dean E. Lhospital University of Virginia P.O. Box 400195 Charlottesville, VA 22908 Emailto: [email protected]

Thursday, May 10, 2018 • Hampden-Sydney College Registration is open at http://bit.ly/SoloHamSyd. If you have any questions, please contact Paulette Davidson at [email protected]. Solo programs presented during a fiscal year (July–June) will have some crossover in topics. You may only claim MCLE credit for attending a specific topic once every two years, unless they are substantially different.

Annual Meeting June 14-17, 2018 We invite you to be a part of the 80th VSB Annual Meeting. Last year, more than 600 lawyers, judges, and their families took part in CLEs, lunches, receptions, award ceremonies, investitures, speeches, and athletic events. Mark your calendar to take part in the inspiration, camaraderie, and networking at your Annual Meeting.

Bar Leaders Institute Lewis Ginter Botanical Garden • Richmond March 9, 2018 Registration is open at http://bit.ly/2018BLI. If you have any questions, please contact Paulette Davidson at [email protected]

The Professional Development Series (PDS) is a weekly podcast series devoted to our newly sworn in attorneys and young lawyers. The PDS will present programs bringing basic skills training, introducing the business of the law, educating on mental health issues, and showcasing long term career options. See: http://www. vsb.org/site/conferences/ylc/pds

Get social: page 9 • Docket Call • Winter 2018

Young Lawyers Conference Board of Governors Christopher R. Fortier President Oakton 757-880-1019 [email protected]

Catherine “Cate” J. Huff 8th District Representative 540-983-9460 Roanoke [email protected]

Brian T. Wesley President-elect Richmond 804-644-2888 [email protected]

Helen Chong 9th District Representative Martinsville 703-361-6100 [email protected]

Farnaz F. Thompson Secretary Charlottesville 434-982-2941 [email protected]

Rachel Wolfe 10th District Representative Norton 276-223-4130 [email protected]

Kristopher R. McClellan 1st District Representative Chesapeake 610-761-4806 [email protected]

Melissa A. Alfano At-Large Representative Washington 202-370-0138 [email protected]

Shemeka C. Hankins 2nd District Representative Norfolk 757-664-4811 [email protected]

Giovanni DiMaggio At-Large Representative Washington 201-240-7366 [email protected]

Melissa Y. “Missy” York 3rd District Representative Richmond 804-622-1131 [email protected]

Craig E. Ellis At-Large Representative Chesapeake 757-382-3200 [email protected]

Laura M. O’Brien 4th District Representative Fairfax 703-224-0888 [email protected]

Melissa A. Little Fairfax 703-691-1235 [email protected]

Jennifer A. Fulmer 5th District Representative Fairfax 703-504-9153 [email protected]

Providence E. Napoleon At-Large Representative Richmond 202 683-3854 [email protected]

Joshua M. Parrett 6th District Representative Stafford 540-717-0460 [email protected]

Dean E. Lhospital Immediate Past President Charlottesville 434-982-1941 [email protected]

Nerissa N. Rouzer 7th District Representative Charlottesville 804-683-8089 [email protected]

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April 23, 2018 Greater Richmond Convention Center

11:05–12:05 Third Sessions (continued)

Agenda

8:00–8:30 Registration/Continental breakfast 8:30 Welcome—VSB TECHSHOW Chair Sharon Nelson, VSB President Doris Henderson Causey, and Justice of the Supreme Court of Virginia Cleo E. Powell 8:45–9:45 First Sessions

• Digital Age Revolution in Virginia: The New Marketing Ethics Rules* — Jim McCauley – VSB Ethics Counsel, Richmond, VA/Chris Fortier – President, VSB Young Lawyers Conference, Oakton, VA/Britt Lorish – Affinity Consulting Group, Roanoke, VA • Technology-Related Policies for Law Firms — WITH TEMPLATES! Debbie Foster – Affinity Consulting Group, Tampa, FL/Reid Trautz – American Immigration Lawyers Assn, Washington, DC

9:55–10:55 Second Sessions

• Ethical Disaster Recovery: The Lessons of 2017* (including Incident Response Plans and Active Shooter Policies) Sharon Nelson – President, Sensei Enterprises, Fairfax, VA/Jim Calloway – Director of Mgmt Asst Program at Oklahoma Bar Assn, Oklahoma City, OK • E-Discovery Primer for Lawyers: Brett Burney — Burney Consultants, Chagrin Falls, OH/Tom Mighell – Contoural, Inc., Dallas, TX

11:05–12:05 Third Sessions

• Cryptocurrencies: What Lawyers Need to Know — Can You Accept Bitcoins for Legal Services? John Simek – Vice President, Sensei Enterprises, Fairfax, VA/Lincoln Mead – IT Director, Utah State Bar, Salt Lake City, UT

• Employee Security Awareness Training for Law Firms* — Sharon Nelson/Ivan Hemmans – Senior Manager of Technical Development, O’Melveny Myers LLP, Los Angeles, CA

12:05–12:45 Lunch 12:45–1:45 Fourth Sessions

• Ethical Missteps in E-Discovery That Will Punch You and Your Client in the Face* — Brett Burney/Tom Mighell • Alexa, Siri, and Other Personal Digital Assistants: How Lawyers Use Them — and the Ethics of Using Them — Nerino Petro – President-Attorney, The Erickson Group, Rockford, IL/Catherine Sanders Reach – Director of Law Practice Management and Technology, Chicago Bar Association, Chicago, IL

1:55–2:55 Fifth Sessions • The Lawyers Guide to the Dark Web — John Simek/ Lincoln Mead • The Current Sweet Spot in Legal Technology for Lawyers — Nerino Petro/Britt Lorish 3:05–4:05 Sixth Sessions • Why Lawyers Are Flocking to Office 365: A Guided Tour — Jim Calloway/Catherine Sanders Reach • Getting and Keeping Your Law Firm Safely on the Cloud* — Reid Trautz/Ivan Hemmans 4:15–5:15 Plenary — ALL NEW: 60 Tech Tips in 60 Minutes Sharon Nelson/Debbie Foster/Jim Calloway/Tom Mighell

Total possible CLE credits = 7 hours, which includes up to 5 hours of Ethics (pending), depending on which sessions you attend. *includes Ethics credit (pending)

Register online now!

Space is limited and first come/first served. Online registration is available at http://bit.ly/VSBTECHSHOW2018. The $125 registration fee will include Wi-Fi, continental breakfast, lunch, and coffee breaks, as well as CLE credit.

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