My name is Jim McCauley and I am a lawyer in Richmond, Virginia. I am Ethics Counsel for the Virginia State Bar and so I am involved with Professional Regulation of the approximately 34,000 lawyers licensed to practice law in Virginia. I am 54 years old, married and have two children. I live in the "Wild West End" of Richmond.
My wife, Ginger is a teacher and enjoys working with pre-schoolers. We are both graduates of James Madison University in Harrisonburg, Va.
My daughter, Elizabeth is 24 and a graduate of my alma mater, James Madison University, with a B.A. in psychology, with a minor in religious studies. Her interests include music, literature, cinema and drama. She is in a two-year youth ministry internship at the Saddleback Church in Lake Forest, Orange County, California. This church is run by Rick Warren, author of the best seller, "The Purpose Driven Life"
My son James, age 20, graduated from the Steward School in Richmond and enjoys lacrosse, skateboarding and music. He is working and going to Community College.
I write articles and opinions concerning legal ethics, unauthorized practice of law, and lawyer advertising and solicitation. Also, I lecture at continuing legal education seminars and teach Professional Responsibility at the University of Richmond Law School. Most of the day I talk on the phone advising lawyers but I also provide general information to members of the public concerning lawyer regulation. If you want to know more, check out my Bio
Racquetball, Guitar, Fishing, Computers and Singing.
In my free time, I play guitar and sing in blues band, The Silverback Blues Burners. Artists I like include: James Taylor,Shawn Colvin, Beatles, David Wilcox, Tony Rice.
I also like playing racquetball to keep fit and messing around with the computer.
Pushy, arrogant people. Hot, humid weather and warm beer.
"The Ethics Guru" is my blog and contains my random musings on ethics issues and occasionally some musical notes--check it out! Click here to go to it!
This page is updated frequently. This website contains articles and resources that concern the law, primarily legal ethics. I also provide links to other legal resources on the Internet. However, nothing I write and post to this web page is to be treated or relied on as legal advice, nor do I accept responsibility for the content of other websites to which I have posted links. If you have legal problems, you should consult with a lawyer. Here is a list of papers or articles I have published, many of which can be found in past issues of the Virginia Lawyer Register, an official publication of the Virginia State Bar.
- REAL ESTATE CLOSINGS: UNAUTHORIZED PRACTICE OF LAW OPINION NO. 183 AND CRESPA REVISITED
- MULTIDISCIPLINARY PRACTICES (MDPs): Law Related Services Provided By Nonlawyer Professional Service Entities
- UNAUTHORIZED PRACTICE OF LAW (UPL): LAW RELATED SERVICES PROVIDED BY NONLAWYER PROFESSIONAL SERVICE ENTITIES
- Screening to Avoid Disqualification: Erecting "Chinese Walls"
- Doctors and Lawyers: Can We Talk?
- Department of Justice Attorneys: In a League of Their Own? (Or "Look Who's Talking to Your Client.")
- Cyberlawyers: Impact of the Internet on Law Practice and Legal Ethics
- SURVEY OF RECENT DEVELOPMENTS IN PROFESSIONAL RESPONSIBILITY
- The Ethics of Making Legal Services Affordable and Making the Legal System More Accessible To The Public
- Local Government Attorneys Fall Conference 1998: Ethical Considerations for the Local Government Attorney
- A Brief Primer on Legal Fees
- LAWYER ADVERTISING: SHOULD THE PUBLIC BELIEVE WHAT IT SEES AND HEARS?
- Legal Ethics in Cyberspace
- NEW RULES OF PROFESSIONAL CONDUCT: TEN RULE CHANGES MOST LIKELY TO AFFECT YOUR PRACTICE
Consumer Real Estate Settlement Protection Act (CRESPA)
Lawyers, title agents, title companies and real estate brokers may provide real estate settlement, escrow and closing services if they are registered as a settlement agent under CRESPA. CRESPA was enacted by the General Assembly in response to Unauthorized Practice of Law Opinion No. 183 (September 25, 1998). This opinion stated that only lawyers could conduct a real estate closing. UPL Opinion 183 has been vacated by the Virginia Supreme Court and is no longer controlling on the issue of real estate closings. Nevertheless, I still believe the opinion correctly concluded that the handling of a real estate constitutes the practice of law and that clients are better served when lawyers, as opposed to lay settlement companies, are resposible for closing a real estate transaction. If you plan to do real estate closings, then check out the new regulations and guidelines issued by the Virginia State Bar under the Consumer Real Estate Settlement Protection Act (CRESPA) and frequently asked questions (FAQs).- 1. Overview
- 2. Regulations
- 3. UPL Guidelines for Real Estate Settlement Agents
- 4. FAQs re: CRESPA
Need the registration and bond forms? You can download them at the Virginia State Bar's Home Page .
Are you buying a house? The you must read The Virginia Homebuyers Manual, available online by the Real Estate Section of the Virginia Bar Association.
Legal Ethics Opinions on the Internet
Many of the Virginia Legal Ethics Opinions (LEOs) are published on the Internet. Virginia CLE has kindly published the Virginia LEOs on its website www.vacle.org. Thanks to the efforts of Tom Stassburg, you can search for Virginia legal ethics opinions by LEO number or by topic with a word search engine and LEOs 1360 to current date are available at Virginia CLE's website. This is an exciting development and I am extremely grateful for the help and contributions of Mr. Strassburg and the Virginia CLE.Thomas E. Spahn, Esquire of McGuireWoods, LLP in Richmond has prepared Summaries of all Virginia Legal Ethics Opinions (LEOS) and this link takes you to Tom's comprehensive online resource.
Virginia Rules of Professional Conduct
As many Virginia lawyers know, the Virginia State Bar Council at its October 1996 meeting in Roanoke approved a proposal to move from the current Code of Professional Responsibility to the Model Rules of Professional Conduct. The Virginia Supreme Court adopted the new rules on January 25, 1999 and the rules went into effect January 1, 2000. Substantial revisions were adopted and went into effect January 1, 2004. You can now view the final version of the rules by clicking on this link: Virginia Rules of Professional Conduct.How do the Rules of Professional Conduct compare to the Old Code of Professional Responsibility?
Tom Spahn has prepared some excellent charts and tables outlining the differences between the current Code and the proposed rules.
- 1. Comparison Chart
- 2. Topical List
- 3. Quick Reference List
Also, see my article entitled "New Rules of Professional Conduct: Ten Changes Most Likely To Affect Your Practice"
On the Web: Do-It-Yourself Law
More people are turning to legal resources that will assist them in handling simple or routine legal matters without having to hire a lawyer. Across the country, courts, legal communities and nonprofit groups have organized self-help legal information centers to assist people in handling, for example, uncontested divorces, landlord-tenant disputes, name changes and adoptions. Since 1996, for example, the Fairfax County Public Law Library set up three "workstations" or carrels of books and pamphlets for pro se litigants. One station addresses family law and another provides information about employment law. The third provides information on bankruptcy, wills, landlord-tenant and taxes. Some of these self-help resources are now available on the Internet and are described below. However, the consumer or member of the public must be aware that the law is often different in each state. In addition, it is improper and illegal for these self-help centers to provide legal advice as opposed to legal information. Legal advice, as contrasted with legal information, is given whenever a person attempts to apply legal skills, judgment and knowledge to provide a solution to another's particular legal problem. Therefore, one should not look to these self-help centers to provide a solution to a specific legal problem, but rather as a source of information about the law.
The People's Law Library of Maryland has information on several topics such as divorce, child custody, landlord-tenant, and wills. The site provides some legal forms which you can download or print out. I cannot vouch for the legal sufficiency of these forms nor represent that they will suit your needs or be adequate under the laws of your state. The site also has links to an online dispute mediation service, courses for non-lawyers and a forum where attorneys will answer posted questions.
The American Pro Se Association provides detailed instructions on how to file and answer complaints, counterclaims, serve a summons and make legal motions.
A site called "FreeAdvice.com" provides answers to thousands of commonly asked questions on legal topics ranging from accidents, bankruptcy, business, employment, estate planning, family law, immigration, insurance, intellectual property, litigation, real estate and tax.
At the Divorce Law Information Service Center one can order "self-help divorce kits" online for $25. The site also provides information and answer pages about local divorce laws.
Finally, The Pro Se Law Center provides lists and links to legal software, legal information and training sites, as well as legal aid programs.
How Does the Attorney Disciplinary System Work in Virginia?
The Office of Bar Counsel investigates and prosecutes complaints alleging attorney misconduct. A detailed outline entitled "OVERVIEW OF THE DISCIPLINARY SYSTEM"explains how complaints made against attorneys are handled by that office.
My favorite links
- http://www.vsb.org - Virginia State Bar
- http://www.abanet.org - American Bar Association
- http://www.nolo.com - Legal & Consumer Information
- http://www.compasscomputer.com - Legal Resources for Lawyers on the Internet
- http://www.legalethics.com - Legal Ethics Issues for Lawyers on the Internet
- http://www.ljx.com - National Law Journal
- http://www.courts.state.va.us/legal.htm - Virginia Legal Links
- http://leg1.state.va.us/000/src.htm - Code of Virginia
- http://leg1.state.va.us/lis.htm - Virginia Legislative Information System--A great site for tracking new bills in the General Assembly
- http://www.findlaw.com/ - FindLaw Internet Legal Resources
- http://www.hud.gov/buying/index.cfm - HUD's Online Site For Homeowners/Buyers--An absolute must if you are buying a home, refinancing or seeking a home improvement loan
- http://www.virginialaw.com - Virginia Lawyers Weekly
- http://www.geocities.com/Athens/5029/valaw.htm - The Virginia Law Links Page--A terrific collection of links for Virginia lawyers
- http://www.vacle.org - Virginia Continuing Legal Education
- http://uscode.house.gov - United States Code
- MORE LINKS TO GOVERNMENT AND LAW WEBSITES
James M. McCauley, Ethics Counsel
Virginia State Bar
707 East Main Street, Suite 1500
Richmond, Virginia 23219-2803
(804) 775-0565
Jmccauesq@aol.com
