VADA News

VADA Award for Excellence in Civil Litigation

We are pleased to announce that the recipient of the 2010 VADA Award for Excellence in Civil Litigation is The Hon. Paul F. Sheridan. Judge Sheridan will receive this Award at the VADA Annual Meeting on October 14 at The Homestead in Hot Springs, VA.

This Award was established sixteen years ago. The past recipients are:

Phillip C. Stone - 1994
James W. Morris, III - 1995
Chief Justice Harry L. Carrico - 1996
The Hon. Albert V. Bryan, Jr. - 1997
Ronald D. Hodges (posthumously) - 1998
The Hon. Nicholas E. Persin - 1999
John M. Oakey, Jr. - 2000
Frank B. Miller, III - 2001
Russell H. Roberts - 2002
William B. Poff - 2003
The Hon. Robert R. Merhige, Jr. - 2004
The Hon. R. Terrence Ney - 2005
Henry H. McVey III - 2006
James Rudy Austin - 2007
James E. Brydges, Jr. - 2008
Colin J. S. Thomas, Jr. - 2009

The Award honors a distinguished jurist, civil litigator, or other appropriate person who exhibits the following:

1. The highest standards of ethics, demeanor and temperament;
2. Exemplary conduct inside and outside the courtroom;
3. Courtesy and fairness in dealing with others;
4. Work of the highest quality; and
5. Such other criteria as the Board may determine are appropriate, such as community involvement; judicial, bar-related and educational activities; and participation in activities that improve the civil justice system.

For information about nominating a candidate, contact Leigh Farmer at LFarmer@vada.org or 804/649-1002.

VADA Announces Amicus Guidelines

The VADA is prepared to support the filing of amicus briefs upon consideration of the following factors:
1. Whether the issue presented is one of substantial precedential value;
2. Whether the issue presented is one of substantial concern to the VADA membership;
3. Whether there are any procedural or evidentiary issues in the case which make the likelihood of success remote;
4. Whether the VADA can undertake the project within the confines of its budgetary and time constraints;
5. Whether the intervention of the VADA will have a substantial impact on the potential outcome of the case.
An attorney wishing to submit a request to VADA may do so in writing or by email to:

Executive Director - VADA
707 E. Main St., #1050
Richmond, VA 23219
or by e-mail to: info@vada.org

VADA's Legislative and Lobbying Policy

During their meeting on October 29, 2008, the VADA Board of Directors unanimously approved a formal Legislative Philosophy and Lobbying Policy. It is as follows:

VADA both historically and presently takes positions involving legislation that may impact Virginia defense attorneys in the professional and ethical representation of clients in civil litigation. It is the philosophy of the VADA to provide active support for legislation, primarily but not exclusively procedural in nature, that promotes a “level playing field” for its members in the defense of their clients. Similarly, the VADA actively opposes legislation that: (1) appears to provide unfair advantages to the plaintiffs’ bar; (2) would promote unprofessional or unethical conduct, or (3) is otherwise inconsistent with concepts of fundamental fairness.

The VADA does not take positions in support of or opposition to legislation simply because a proposal would provide a substantive advantage or disadvantage to individuals or entities frequently represented by its members (e.g. insurance companies or health care providers). Most of those entities have legislative and lobbying resources that far exceed those of the VADA, and are fully capable of advocating for their interests before the General Assembly. The VADA therefore conducts a careful and critical review of requests to assist other groups who have their own legislative agendas, and VADA will not take a position simply because the issue carries the aura of tort reform.

The VADA’s legislative philosophy is implemented by the Legislative Committee and its lobbyist(s). Each year prior to the General Assembly session, the Committee requests input from the VADA membership regarding issues that it would like to see addressed. The committee also meets with the Lobbyist to identify issues likely to come before the General Assembly that may be of interest to VADA members. Once the General Assembly convenes, the Legislative Committee and the Lobbyist meet on a regular basis to review all bills related to civil procedure, as well as selected other bills related to the practice of VADA members, and to determine whether they comport with the philosophy outline above. At the conclusion of this review, the Committee assigns the bills to one of five categories:

1. Strong Support—the Lobbyist actively supports the bill, and takes all available opportunities to advocate the VADA’s position.
2. Soft Support—the Lobbyist will indicate that the VADA supports the bill, but only if the opportunity to do so arises in the course of his other duties.
3. No Position—the bill is unrelated to the VADA’s legislative philosophy.
4. Soft Opposition—the Lobbyist will indicate that the VADA opposes the bill, but only if the opportunity to do so arises in the course of his other duties.
5. Strong Opposition—the Lobbyist actively opposes the bill, and takes all available opportunities to advocate the VADA’s position.

The Legislative Committee and/or Lobbyist reports its positions and status of bills of interest to the VADA membership periodically during the General Assembly session, and issues a comprehensive report once the session is concluded and the Governor has acted on bills that are passed.

VADA's JUST PAC

JUST PAC Report

While legislators make decisions based on what they consider to be the best public policy, they are understandably influenced by the views of their constituents and supporters. For us to maximize our effectiveness in influencing the General Assembly decision-makers, we need to support legislators who share our positions. One important way is to assist their re-elections to ensure we have receptive and right-thinking people making these important decisions.

Here is a sobering point of comparison. During the same time period JUST PAC was contributing less than $10,000 to members of the General Assembly, the Virginia Trial Lawyers Association contributed more than $354,700. This is a very sizeable imbalance. We do not need to and do not seek to match the contributions of the plaintiff’s bar. Our lobbyists, Bem Lacy and Bill Gray, will outwork them and will have better public policy arguments. We do need, however, to eliminate such an imbalance that is not helpful to our efforts.

Donations are encouraged throughout the year and should be sent to the VADA office. (Checks should be made payable to “JUST PAC.”)

Exhibitor & Sponsorship Opportunities

VADA’s continuing legal education programs draw a statewide audience of active civil defense attorneys. Our seminars, which are held in rotating locations across Virginia, provide an excellent opportunity for vendors to reach the legal market.
The seminar schedule can be reviewed by clicking here.

If you are interested in being a sponsor of a VADA meeting, contact Molly McClellan, Director of Meetings at 804/649-1002 or by email

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