Guests: Joseph E. Frank, Esq. and William E. Wargo, Esq

Vermont Bar Association
Board of Managers Meeting
March 14, 2013
Sheraton Hotel & Conference Ctr - Burlington

Present: Amber L. Barber, James F. Carroll, , David C. Carter, Timothy C. Doherty, Thomas S. Durkin, Jennifer R. Emens-Butler, David R. Fenster, Gary L. Franklin, Austin R. Gray, Michael E. Kennedy, Daniel H. Maguire, Elizabeth Novotny, Daniel P. Richardson, Edward J. Tyler, III, Matthew F. Valerio

Guests: Joseph E. Frank, Esq. and William E. Wargo, Esq.

Staff: Mary Ashcroft,Lisa Maxfield, Bob Paolini, Laura Welcome

1. Call to Order: President Amber Barber called the meeting to order at 10:25a.m.
2. Future Practice of Law Issues – were passed.
3. Acceptance of Consent Agenda

1. Minutes – Upon motion duly made, seconded and unanimously voted, the minutes of the February 15, 2013 meeting of the Board were accepted as printed.
2. Treasurer’s Report –Lisa Maxfield, CFO of the VBA, noted that the membership was now at 2139 members, with an additional 35 applications for membership before the Board at this meeting. Real Estate Law Day attracted 160 registrants and netted $15,000. Matt Valerio commented that the membership figures were stunning in view of the number of lawyers retiring and the financial struggles of new lawyers entering practice. The cost of publishing the Bar Journal was discussed. It was noted that the ads pay for the Journal, and publication was a wash financially. Publication costs $3500 per issue with an additional $1,000 required to mail out the copies.
3. Board Committee Reports
4. Operations –David Fenster stated the committee met recently and reviewed the conflict of interest policy and the Executive Director’s succession plan. They also discussed the VBA’s relationship to the VBF and more specifically how funding for Mary Ashcroft’s position should be handled. The committee discussed the cost of publication for the VBA Journal and whether we should move to a digital format. The committee will discuss health care once things are more settled in Vermont. The committee also discussed setting up a fund for judicial evaluations. Amber Barber asked about doing a technology symposium, which Matt Valerio noted we have done before, and it was not well attended. Tom Durkin commented on the idea of making the VBA Journal digital, and suggested surveying members before doing so. Dan Richardson suggested a technology survey to find out about more than just the prospect of having the Journal online. Lisa Maxfield stated that the Journal is already on our website in two different formats: a digital flip-book; and a searchable pdf. Dan Richardson noted that the latter format is good for those who are looking for something specific, but for casual reading, most people like a paper copy. Dan also asked about the cost of publishing, which Lisa stated is $3,500 per issue plus $1,000 in postage. Lisa also noted that we can include hyperlinks to advertisers’ websites and they can also put flash ads in, although we do not currently utilize that capability.
5. Membership – Dan Richardson stated the committee has not met recently, but noted that the committee is losing 2 members.
6. Program and Planning –Jennifer Emens-Butler noted that the committee met and talked about the Solo Conference seminars and also about having the list serves move to some sort of searchable blog.
7. Pro Bono – Mary Ashcroft noted she will be adding the pro bono recipients to the committee and there is a meeting planned for April 15th.
8. Ad Hoc Committee – Gary Franklin noted the committee had an initial phone conference to organize a specific day and time for regular meetings.
9. President’s Report –Amber stated she has been reading a lot of articles on Future Practices of Law and one idea is called an “incubator” program. This program involves groups such as bar associations or law schools starting a law firm with experienced attorneys who mentor new attorneys just graduating from law school. The programs assist low income clients either as low bono or pro bono cases and will provide hands-on experience to new attorneys under the guidance of experienced attorneys. Elizabeth Novotny stated that her law school had a program similar to this – a law clinic. Dan Richardson and Amber noted that the incubator program is a little different in that it’s a longer time frame and is for newly graduated and admitted attorneys to provide them with jobs and the experience necessary to move on, much like a medical residency program. Bob Paolini stated that Mary Ashcroft’s work with the county pro bono and low bono pilot projects is very similar, and Mary agreed and stated she would like to be a part of any committee formed to look into this model. Bob also noted that Tom Lyons, VLS Dean Marc Mihaly and Thomas Sullivan will be on a panel at the Annual Meeting in September on this subject. Additional discussion ensued.
10. President Elect’s Report –David Fenster had nothing to report.
11. Executive Director’s Report

• Bob Paolini told the Board that he, Dave Fenster and Amber Barber would be traveling to Washington, D.C. in April for ABA day, and would visit with our congressional delegation about national and state bar priorities. At the top of the list would be support for LSC funding, following by support for legislation to intercept federal income tax refunds to pay court fees and fines. Access to legal assistance, especially for immigrants, will also be discussed.
• The ABA is requesting each state to set up a review committee of the bar for the Ethics 2020 proposed rules update.
• Bob noted that at the end of July Vermont is hosting a national meeting of Chief Justices and court administrators in Burlington. The VBA will likely be asked to play a part in this event.
• Two years from now, Burlington attorney Richard Cassidy will become the president of the Uniform Law Commission and will be holding its annual meeting in Vermont.
• Bob reported that he and Kevin Ryan had had a meeting with members of the Vermont Paralegal Organization, who will be hosting a national meeting of paralegals in 2014 in Vermont. Paralegals would like to have a non-voting seat on the Board of Bar Managers. Bob noted that there were 2-3 paralegals in the Bridge the Gap program today, and there will be a program at the Solo and Small Firm Conference about using paralegals in law firms. He reported that there are 70 paralegals in Vermont, and 25 of those belong to the VBA.
• Bob noted that the Vermont Access to Justice Coalition’s Poverty Law Fellowship program had thus far raised $140,400. Sam Hoar and Scott McGee will be speaking at the luncheon tomorrow and will introduce Jay Diaz who will speak of his experiences so far as Poverty Law Fellow. Jay is working on legal issues faced by children in poverty, and is especially interested in the “school to prison” pipeline. He is also looking into setting up medical-legal partnerships to address the legal issues presented by poor families when they are at the hospital or a clinic. Bob will interview Jay for the next edition of the Journal.
• Bob addressed issues he is tracking in the legislature:

--The VBA is supporting efforts to increase funding for Vermont Legal Aid, who had seen a cut in funding from IOLTA revenues. At present, the House Appropriations Committee has VLA on a wish list for $200,000: $150,000 from the general fund, and $50,000 from the foreclosure settlement monies.

--The Foreclosure mediation update bill is moving through the House and is headed to the Senate. This will replace the HAMP process, which expires at the end of this year, and will provide an opt-in mediation process for homeowners, as well as money to homeownership centers to educate homeowners about their options.

--A bill to amend perpetual conservation easements is moving.

--H216 would set energy efficiency standards for residential and commercial buildings.

--H223 establishes shoreline setbacks from ponds and lakes.

--S31 would “fix” the Billings vs. Billings case involving consideration of revocable trusts in divorce proceedings.

--The Judiciary budget looks good, with a little more funding.

--Bill to eliminate the requirement for write of execution on collection matters is under consideration by our Practice & Procedure and Consumer Law Sections.

• Bob talked with Justice Dooley about capturing interest on bail money and other monies deposited with the Court and paying it over to the Vermont Bar Foundation. Several states are now doing this.
• Bob Paolini praised the efforts of VBA staff members Laura Welcome and Lisa Maxfield whose work was critical to pulling the mid-year meeting together. He noted that they did an exceptional job, and that they never stop doing what they can for the VBA membership. There was discussion of what the Board might do to recognize the VBA staff for their work.
  

1. Staff Reports – Pro Bono Coordinator Mary Ashcroft reported that she had filed 6 grant applications for low bono project funding with the Vt. Bar Foundation, and would be filing another application at the end of the month to fund half of her PB Coordinator position. Next Pro Bono Committee meeting will be on May 15th at 4:30PM. 2013 Pro Bono Award winners Kate Kennedy, Peter Lawrence and Judy Dickson will be invited to join that committee
2. Section Liaison Reports –
   Public Education Section: Tim Doherty reported that this section wants to reinvigorate itself and held its first phone conference in some time earlier in the week.
   Criminal Law Section: Vt. Law School is reaching out to criminal law attorneys in an attempt to broaden career goals for students who wish to remain in Vermont.
   Bankruptcy Section: Planning for a Real Estate, Foreclosure and Bankruptcy Day is underway; Judges Colleen Brown and Mary Miles Teachout are working with Kevin Ryan on this all-day CLE program.
   Probate and Trust Law Section: David Carter reported that Grand Isle County attorneys will be presenting a program to the elderly community about advance directives, wills, trusts and other estate planning ideas. This is planned for late spring.
   Property Law Section: The list serve has been active most recently on complaints about banks which deal with a short list of “approved” lawyers to the exclusion of others who may be asked by a client to do a closing. There was discussion among the Board about whether it might be time for an updated Ethics Advisory opinion revisiting the subject of dual representation at closing. It was suggested that the head of the Property Law Section, Jim Knapp, be asked to request such an advisory opinion from Sheila Ware.
   Environmental Law Section: Dan Richardson noted that this section will be having a CLE program this afternoon for 3 hours
3. VBF Report –Bob reported above on the Poverty Law Fellow Fund Drive, which has now raised about $30,000 more than is needed to fund the Fellow this year. Excess funds will be used by the VBF to increase funding to organizations which had been anticipating significant cuts.

1. Action

1. Enrollments - A motion wasmade to accept the following persons as members of the Vermont Bar Association: Attorney Members: Jonathan Ciappa, Esq, Donald Einhorn, Esq, Timothy B. Fair, Esq, Eric K. Hoffman, Esq, Gary Kessler, Esq, Martin J. LaLonde, Esq, Rachel B. Margulies, Esq, Elaine B. O'Grady, Esq, Erik Phillips-Nania, Esq, Kathryn E. Taylor, Esq, John S. Zaikowski, Esq; Associate Members: Paul A. Barkus, Susan F. Bartkowski, Benjamin Battles, Carolyn S. Bektas, Kyle E. Bjornlund, R. Matthew Cairns, Scott L. Dildine, Joseph M. Donegan, Maria C. Gonzalez, Brian D. Gross, Elizabeth MaddocksHadaway, Michael F. Hanley, Barbara K. Landau, James J. LeBrou, Hannah Elle Myers, Lauren K. Peach, Andrew J. Petrie, Thomas M. Roberts, Wendy E. Roberts, Marylou Scofield, Heather Southwell, Maribeth Spellman, Michael E. Tousley, Michael Trapeni.The motion passed unanimously.
   
2. Request for Sponsorship – Guests Joseph Frank and William Wargo appeared before the Board to explain that the Vermont Historical Society was interested in publishing a volume of Attorney Paul Gillies’ legal essays under the title “Uncommon Law, Ancient Roads, and other Ruminations in Vermont Legal History.” The volume would include a select group of 25 essays out of the 75 to 80 that had been published by Gillies, mostly in the Vt. Bar Journal. The essays are grouped in four areas: development of Vermont law, major topics in litigation, luminaries in the judiciary, and limitations of the law. Both men spoke to Paul’s scholarship and the value of his work to the bar. The project would require raising $10,000 in private funds which the VHS would then match with $5,000 to publish the volume for $15,000. Ted Tyler moved to donate $2,500 from the VBA toward the project; motion was seconded by Judge Durkin. The discussion and vote was deferred until the Action Calendar. Board Chair Amber Barber thanked Attorneys Frank and Wargo for their work on the project.
   Chair Amber Barber brought forward the motion that had been made earlier by Ted Tyler, seconded by Judge Durkin, to donate $2,500 from the VBA to the Vermont Historical Society for the publication of Paul Gillies’ collection of legal essays entitled “Uncommon Law, Ancient Roads, and other Ruminations in Vermont Legal History.” The motion passed unanimously.
   

1. Discussion

1. Small Claims Mediation Study Committee – Bob Paolini reported that Justice Brian Burgess, had appointed attorney Nell Coogan to the Study Committee. No VBA action is required.
2. Judicial Evaluations – Bob Paolini noted that all seven judges up for judicial retention were approved by the Judicial Retention Committee. They include Judges Cohen, Crucitti, Gerety, Griffin, Manley, Tomasi and Zonay. Magistrate Zander has been invited to meet again with the Committee. The question has been raised again about the VBA’s judicial evaluations, which were done in 2004, 2006 and 2009. The judges appreciated the feedback these evaluations provide well in advance of their retention hearings. The cost for the last survey was about $6,000. The judges should not be asked to participate in how the survey questions are framed or asked to insure the independence of the process. Judge Durkin noted that judges are each assessed dues each year which pays for legal representation during the retention process. It was suggested that if the VBA had funding, it could do judicial evaluations each year
   

1. Unfinished Business – None.
2. New Business – None.

There being no further Old or New Business, it was moved, seconded, and passed that the meeting adjourn. The meeting adjourned at 3:15 p.m.

Respectfully submitted,
Mary Ashcroft
Laura Welcome
Vermont Bar Association