Not long ago, Patti and I returned home from a meeting of the National Conference of Bar Presidents in San Antonio, Texas, at approximately 10:15 on a Sunday evening.  Our sons, Grady and Jay, had spent the four days of our absence in the care of my mother and father, and greeted us at the door.  It was all that Jay, our five-year-old, could do to say that he was glad we were home and that he had missed us before he asked the burning question; "What did you bring us?"  After presenting the treasures from Texas, we unpacked, settled in, and shortly before midnight, I sat down at the kitchen table to retrieve the messages which had accumulated on our answering machine while we were away. 
The best thing about the messages at home is that most of them are for Patti or Grady, our twelve-year-old.  This time was no exception, but somewhere in the middle of the bunch was a message from a local business client who had persuaded me to represent his sister in a divorce proceeding.  His message was that there had been an "incident" between his sister and her estranged husband and that her husband was in custody.
It started several weeks earlier when the businessman brought his sister to my office for consultation.  At that time, she told me that she and her husband had resolved to go their separate ways, to sell the house and divide the net proceeds, to keep their own cars and be responsible for their own car payments.  They also had agreed to joint custody of their four-year-old son.  Because of the nature of their respective jobs, they had agreed that the child would be with his father on Thursdays, Fridays and Saturdays and with my client the rest of the week.  Additional visitation would be reasonable and liberal.  This was going to be a simple uncontested divorce and I agreed to represent the young woman.
Several days later, my client called me at home and she was hysterical.  Her husband had attacked her when she went to pick up her son.  I arranged for her to file a petition for a Temporary Emergency Protective Order.  After a hearing, the Order was extended for a period of ninety days or until the Final Order of Divorce was entered.  I left for Texas on Thursday and the message on our answering machine was left Saturday evening.
I contacted my client first thing Monday morning after my return, and found out that the "incident" had been a terrifying ordeal.  Her husband had called her and told her that he was too sick to keep the child and asked her to come and pick him up.  When she arrived at her husband's home, she found him partially bent over with apparent stomach pain.  She turned away to pick up their son, and when she turned back around, she found herself staring into the muzzle of her husband's hunting rifle.  For the next 45 minutes, he ranted and raved about killing her, their child and himself while she cried, begged, pleaded and promised anything if he would spare them.
At one point he shouted, ". . .we brought this child into the world together, we'll all go out together!"  Finally, she persuaded him to call his mother, and his mother convinced him to let her go.  As she was preparing to leave, their four-year-old child asked, "Mommy, does this mean that Daddy will put the gun away now?"
This "incident" took place almost exactly as I have described it.  I know this because my client had a small tape recorder concealed in her clothing, and the tape is now in the hands of the Sheriff's Department and will be turned over to the United States' Attorney's Office.
I do not practice much divorce law, and have not for the last five or six years, although for the first ten years of my practice, I did a great deal of it.  Had this young woman not been the sister of a business client, I probably would not have taken her case; but being involved has reminded me, all too vividly, of the toll that domestic violence takes on our society.
This is not news to lawyers who routinely practice family law - they know better than I, that this type of situation is all to common.  I suspect, however, that most of us, whether we practice family law or not, are in some way or another, touched by domestic violence.  Perhaps the stories of the female cashier at the grocery store, the one with the black eye who says she slipped on the ice in the driveway and fell into the car, or the waitress at that favorite lunch spot who says that bruise on her arm came from hitting a shelf in the kitchen; are not what they seem.
The case which I have described has really opened my eyes.  It does not take much looking to find signs of domestic violence around us, and the tragedy is that many of us fail to see it.  I found a checklist in an article in the Spring, 1996, St. Louis Bar Journal, which my client thought was particularly beneficial.  It is:

1. Do you have a plan to protect yourself and your children?  What things have you done in the past that have helped?
2. Who could you contact if a crisis arises?  (911, shelters)
3. Do you have the numbers and addresses of contact people easily available?
4. Where could you go in order to be safe?
5. How would you get to where you need to go?  (car keys, a friend)
6. How will you get the children out of the house?
7. What would you take with you if you had to leave in a hurry?  (birth certificates, social security cards, medication, change of clothes)
8. If your plan doesn't work, what other alternatives do you have?

REMINDERS:
* DO NOT tell the abuser your plans.
* Find a safe place to stay, somewhere your abuser won't find you.
* Take your children with you if at all possible.
* Bring all your important papers with you (driver's license, birth certificates for children, social security cards, titles to cars or other important personal property).
* Take car and house keys.
* Take a change of clothes for yourself and your children.

Perhaps you know someone that might benefit from this information; please do not hesitate to share it.  One thing is certain: domestic violence is frightening, it's ugly and it's everywhere, and we must do all that we can to prevent it.  It is simply not someone else's problem.









Dean's Column

The study of law prepares students to enter the legal profession and to initiate the process of acquiring lawyerly skills.  WVU law graduates embark upon successful careers in a variety of professional contexts: in small-town practices; in large metropolitan law firms; in the legal departments of corporations and labor unions; in legal services programs and public interest firms; in federal, state and local governments; and in many non-traditional occupations in the corporate, business, academic, public interest and military spheres.

Currently, approximately 80% of WVU law graduates seek employment in West Virginia; the remainder of students seek employment in surrounding states and Washington, D.C., as well as in places as distant as Florida, Georgia, New York, California, Colorado and Illinois.

The same characteristics of intellect and determination that make students successful in law school and in the legal profession law, also equip lawyers to assume leadership roles in government and in the community.  At the WVU College of Law, we strive not only to educate students in the jurisprudence and skills of law, but also to assist each student in discerning which area of the legal profession, or which fields outside the profession, best suit that student's individual attributes and abilities, because that student's choice regarding employment will provide the basis for lifelong development of professional and leadership talents.

Ellie Flowers has brought energy, imagination, and a personal touch to her new position as Assistant Dean for Career Services.  Ellie strives to meet personally with each student in an effort to learn about that student's personal and professional aptitudes and inclinations.  She holds workshops to assist students in writing resumes and letters to employers, and coaches each in effective interview techniques.  Ellie is adding resources to an already well-stocked employment reference library, and is preparing to teach students how to use the Internet in their employment search.

Lawyers can assist the College of Law in career services outreach efforts in a number of ways.  In addition to hiring WVU graduates, recommending WVU students and graduates to lawyers and firms that seek to hire for legal positions, and keeping Ellie abreast of available vacancies, lawyers can assist by participating in several WVU outreach programs.

Small Firm Interviews
West Virginia attorneys Claudia Bentley, Kim Croyle and Gina Mazzie, representatives of the WV State Bar, will interview students at the College of Law on Friday, March 21, as part of the Bar's program to benefit sole practitioners and small firms that are unable to come to campus to conduct individual interviews.

If your firm is looking for a 1997 graduate to hire as an associate or for a first or second year student to work as a summer intern, simply register with the State Bar to take part in the program.  There is no obligation to hire when the firm signs up to participate in the program.  Also, the office is under no obligation to contact a student who is referred.

Interested attorneys or firms may register by sending their name, office address and phone number to: Interview, WV State Bar, 2006 Kanawha Blvd., E., Charleston, WV 25311.  The s
State Bar will forward a letter of explanation regarding the project and a questionnaire to help tailor the questions during the interview process.  Student do not know the names of the firms, and the obligation to follow-up on the referrals rests solely with the firm or practitioner.

For further information, contact Ellie Flowers immediately at (304) 293-6792.

Minority Clerkships

Firms of all sizes are encouraged to participate in the WV State Bar Minority Clerkship program to employ a first year minority summer associate.  The Minority Clerkship program is in large measure based upon the premise that minorities continue to practice law outside the mainstream of the legal profession, and that the level of minority students' involvement in majority law firms as associates and partners has not increased significantly over the past decade.  If your law firm is interested in participating in the program or simply interested in getting more information about it, please contact Ellie.

On Campus Interviews
Spring Semester interviews have been underway since February 3 and all employers -- firms, government agencies, banks, corporations and public interest agencies -- are invited to interview first, second and/or third year students at the College of Law.

On campus interviews are scheduled through April 18, 1997.  After hooding and graduation, scheduled for May 10 and 11, only those students who are studying for their bar exams remain in Morgantown, so it is imperative to schedule interviews or resume mailings as early in the semester as possible.

We at the College of Law are committed to assisting students in their employment searches in ways that are vigorous and innovative.  We depend upon you to assist us in this ongoing effort.









YLS Section

My wife, Trudy, and I have begun collecting a sculpture series (reproduction) which is titled: "Great People in History." There are only four sculptures in this series, including images of Thomas Jefferson, Abraham Lincoln, Winston Churchill and Jesus Christ.  Although each of these figures is unquestionably a "great person in history," I am a bit puzzled by the sculptor's decision to include Jesus Christ with the other three figures and vice versa.  A category as broad as "great people in history" apparently affords an artist a "great" deal of leeway in choosing eclectic subjects.  (Since it might be somewhat blasphemous to compare Jesus with the others, I will focus my attention upon the three mere mortals which comprise the balance of the group.)
Thomas Jefferson's inclusion in the series is certainly understandable.  Mr. Jefferson's resume contains items such as: author of the Declaration of Independence, 3rd President of the United States, Governor of the Commonwealth of Virginia, founder of the University of Virginia and architect and wine connoisseur extraordinaire.  Moreover, Mr. Jefferson is universally recognized as having had the greatest intellect of any person who has ever served as America's commander-in-chief.  In fact, during a dinner party attended by cabinet officials and advisors, President John F. Kennedy once remarked that the persons seated at his table constituted the greatest collection of intellect which had ever dined at the White House, "except when Jefferson dined alone."
Similarly, Abraham Lincoln is obviously worthy of the title: "great person in history."  Through force of will and as a matter of legal and moral principle, Mr. Lincoln fought successfully to keep the United States from disintegrating after the secession of the Confederate states and destroyed the abhorrent institution of slavery.
Finally, my personal favorite of the series is Winston Churchill.  In 1940, the King of England called upon the 65 year old Churchill to reform the English parliament and prosecute a war against Nazi Germany and the Empire of Japan at a time when the British Empire was suffering its worst military setbacks in its 900 year history.  Using expert statesmanship and wiley diplomacy, Churchill saved Britain from almost certain defeat while setting the standard for connoisseurs of the fine art of cigar smoking.  As a final feather in his cap, Churchill rote extensively after retiring from political life and won the Nobel Prize for Literature for his multi-volume book set: "History of the English Speaking People."
Jefferson, Lincoln and Churchill are three men who stood apart from their contemporaries and earned honored places in the pantheon of history.  Although their personalities and goals were very different, they shared a common and fervent dedication to public service.  Jefferson held his public duties so dear that he largely ignored his personal business interests and died a financially ruined man.  Lincoln also gave up a profitable legal career, and ultimately his life, for public service.  Although Churchill was independently wealthy, he gave his entire adult life to the service of his country, first as a soldier, and later as a politician.
In more recent times, it has become great sport among the media and the public at large to denigrate the people we call politicians.  Where government is concerned, public vigilance and skepticism is healthy, but we should not forget the dedication and hard work of our elected representatives at the local, state and national levels.  In spite of prevailing opinion, most of our public servants make many personal sacrifices and work very hard for modest compensation.  You never know who might be the next public servant to have their likeness appear in a series with the Deity.


Tinder Box

For the first time in many years, the State Bar is considering making changes in its By-Laws.  There is always a need to update the procedures which guide an organization so that the membership can receive the programs and services in the most effective and efficient manner.

In 1996, a By-Laws Revision Committee was appointed by State Bar President, Rich Ford.  The Chairperson of the Committee was President-Elect D.C. Offut of Huntington  and the members of the Committee were Board of Governors representatives Wayne King, Clay; Mike Albert, Charleston; James W. Martin, Jr., Clarksburg; Dean Rohrig, Middlebourne; William Redd, Huntington; and Anthony Sparacino, Jr., Beckley.

The Committee members reviewed the current By-Laws and participated in meetings where the debate and discussion was thorough in determining what changes needed to be considered and approved.  Then, the Committee presented a formal proposal to the full Board of Governors on January 17, at the Board's regularly scheduled meeting.  As you would imagine, there was some additional intense debate on the By-Laws revisions with final approval being given in the end.

The By-Laws revisions will be considered at the Annual Business meeting of the State Bar that will be held on May 9, 1997 at the Charleston Civic Center as part of the State Bar's 50th Anniversary Annual Meeting.  Any State Bar member has the opportunity to be present at the business meeting and to vote on the By-Laws revisions.

Generally, the revisions are as follows:

1. Annual Membership Dues  -  The membership dues structure is updated to reflect the modifications which were approved by the State Bar membership last year and implemented for the current 1996-97 fiscal year.  In addition, a change in the By-Laws would permit the Bar's Board of Governors to approve membership dues modification by a two-thirds vote of the entire authorized Board as well as by the submission of any modification to all active State Bar members for a mail vote.

2. Late Penalty Fees  -  The penalty charge for late payment of membership dues would increase from the current level of $10 to the amount of $25, and the reinstatement penalty fee for non-payment of membership dues would increase from the current level of $50 to $75.

3. Board of Governors Membership  -  The number of members of the Board of Governors would be reduced from 25 persons to 24 persons with the immediate past president of the State Bar no longer serving on the Board in the capacity of Chairperson.  The State Bar President would have the responsibility of presiding at Board of Governors meetings.

4. Black Lawyer Representative  -  The current position of the "Black Lawyer" representative on the Board of Governors would be changed to the designation of African American Lawyer on the Board of Governors.  In addition, the election procedure for the African American Lawyer would be modified to more closely resemble the procedure for the election of other members of the Board of Governors.

5. By-Laws Amendments  -  The procedure for changing the State Bar's By-Laws would be slightly changed so that there would be greater advanced notice of proposed By-Laws revisions so that the membership would have more prior knowledge in those instances.

6. Gender-Neutral Language  -  The appropriate changes would be made in the By-Laws so that they would be gender-neutral.

7. Executive Director Position  -  At the present time, the By-Laws make reference to the Secretary/Treasurer of the State Bar and the Executive Secretary of the State Bar.  The necessary changes would be made so that all references to that position would be updated to use the current title for that position of Executive Director.

Once the By-Laws have been reviewed and acted upon at the Annual Business Meeting, they must be referred to the West Virginia Supreme Court for its final review and consideration.  If all of the By-laws revisions are satisfactory, they would probably go into effect at the beginning of the State Bar's fiscal year on July 1, 1997.

As always, if you have any questions regarding these proposed By-Laws revisions or on any other facet of the State Bar's operation, please do not hesitate to contact me.


TechTalk