Real Estate Law Day Revisited

So it has come to our attention that many of our members are not on Facebook or Twitter, but nevertheless may, perhaps, want to see some of our event pictures.  Sure, a blog is also social media, but this post is a mere click away from our website, no login required. If I'm playing your tune, this blawg is for YOU!

VBA's Real Estate Law Day was a smashing success with over 200 attendees!  The day started off with some property transfer tax and land gains tax return advice for the new system with Doug Farnham and Elizabeth Hunt from VDOT.  Section Co-Chair Benj Deppman and Realtor Amey Ryan gave a lively presentation about Rights of First Refusal and Options.  When 200 attendees were asked to raise their hands if they liked ROFRs, not a hand was raised!  We also heard from the panel and Jesse Goldfine on P&S Contracts and Co-Chair Jim Knapp recapping the fire marshal meeting.  Finally, after a delicious lunch at the Capitol Plaza, the realtors put on a presentation about the Dodd Frank Act.

Following are some pictures from the event:

Game Changer: Casemaker!

What is something you hardly ever hear during a CLE seminar? A collective, audible “Wow!” from an audience of lawyers.  This actually happened.  Here is the story.

On Friday, I presented a Casemaker update for the Rutland County Bar Association. Surely, the topic wasn’t as tantalizing as the concurrent criminal law or real estate law updates, but it had its fair share of interested parties.  The room was set up with a projector and an active laptop to walk members through the Casemaker site.

In preparation, I spent some time re-familiarizing myself with the platform and checking all the features.  Having tried to use Casemaker at the time of its initial launch, I was the first to assure the members that the service had come a long way and was nothing like Casemaker 1.0 of many years’ past.  We lawyers already have the sinking feeling whenever doing research that we are missing something, and the old Casemaker didn’t do much to allay those fears.

Enter Casemaker Pro. As a VBA member, Casemaker Pro is an automatic benefit of membership.  Before getting into the enhanced features, we spent some time navigating searches and using the modern standard Casemaker platform. What a difference from the initial version! I was able to demonstrate broad and narrow Boolean searches, being logged in under a client name, creating folders and saving cases by a simple drag and drop or copy feature, taking notes to append to a case and choosing how to save or print the notes, going back and seeing all the history that Casemaker automatically saves no matter the time or interruption, auto-correct of misspelled or mis-punctuated reporter names and browsing statutes or other materials.

The libraries are also much more impressive. Casemaker boasts the most current information available for federal cases, federal code, state cases and state statutes, with annotations.  Each category will show you the currency of what you are reading, and will often link to the Act or archived information leading up to the current code.  In the Vermont State materials, you can search cases, statutes, some superior court opinions, the Constitution, Rules, ethics opinions, environmental court decisions, Green Mountain Care Board decisions, Medicaid rules, LRB Decisions and Title Standards, among other things.  Within the search, you can add related federal material with a simple click.  The Federal Materials include bankruptcy opinions, circuit opinions, Court of International Trade, US Code, IRS Revenue Rulings, Internal Revenue Bulletin, Tax Court, NLRB, Federal Register, Federal Energy Regulatory Commission and more.

When performing a search, the left side menu will allow you to expand or contract your search by clicking or unclicking various things like the jurisdiction or statutes or cases only.  The search breaks down the number of cases or statutes or State references, allowing you to further narrow.  There is also an option to type further search terms or search just by date or judge. 

All of this is quite wow-worthy, but what about the audible “Wow!?” There were actually a few ‘wows’ spoken that day.  One enhanced feature is Citator.  Each case will have a green thumbs up or a red thumbs down, not unlike Shepard.  Next to that reference will be a number, showing just how many times that case is cited.  By clicking the number or the chart next to it, you can see the date or timeframe of the citing reference and see each individual reference with a hyperlink to the case cite.  The negative treatment citing reference feature will break the reference down into criticized, questioned, overruled, modified and the like, with links to each case containing the negative treatment.  This drew a few “oooh’s”.

Next was the Casemaker Digest.  This feature allows you to set up an email or RSS feed (or simply go to Casemaker) to see the hottest cases in your specific practice area or jurisdiction (or both).  You can set the feed to show you the cases on a particular topic in a particular jurisdiction. The cases are broken down by week and contain summaries of the holding.  A quick demo search revealed several cases sorted by subject and decided within the last day or two.

And last but not least is CiteCheck, the demonstration of which brought out the loudest collective “Wow!”  CiteCheck allows you to upload a brief in pdf or word and Casemaker will check all the cites and give citing references for each. It also allows you to correct partial cites or items that appear to be a cite to have those entered properly and checked.  Each citation will even be hyperlinked to the case cited for a quick but more thorough review of the case.  The demo was seamless!

With legal research software from the ‘big two’ costing approximately $500 per month, the latest version of Casemaker will undoubtedly have you questioning the expense. Casemaker Pro, along with our new online community service, is included in your Vermont Bar Association dues.  Membership DOES have its privileges!  

Battle of Wits!

Below is an excerpt from the Fall Vermont Bar Journal, in The Princess Bride-style.  While our staff has thought of some doozies, we have yet to hear from very many of our resident VBA members' inner comedians, authors, scholars or pranksters.  Failing to submit could be one of the biggest blunders of all time!  Accept the challenge TODAY as time is running out.

CAPTION CONTEST—THE BATTLE OF WITS!

During the cover contest period, some of our left-brained attorneys lamented that they wanted to play along but had no artistic talent to speak of.  Well, it’s time to show off your more cerebral side, as we challenge you to a battle of wits!  Montpelier cartoon artist (and lawyer) Kathy Fechter has graciously provided us the above cartoon, which lends itself to seemingly infinite humorous quips.  

Submit yours and see if it makes it past our scrutinizing staff to be included in the Winter Journal.  Email your proposed caption for the below cartoon by November 15, 2016 to jeb@vtbar.org.  

Celebrate Pro Bono!

October is pro bono month, and October 23-29 is ABA’s pro bono week.  Vermont has incredible and rewarding pro bono opportunities.  Learn about the programs and obtain CLE credit by attending the VBA Pro Bono Conference, October 26, 2016 at the State House in Montpelier.  Click HERE for more info on tomorrow’s conference.

There is a common misperception that pro bono means “for free.”  Pro bono actually comes from the Latin pro bono publico meaning “for the public good.”  Lawyers, at their core, are in the profession to help people navigate through difficult situations, often well after the legal retainer has run dry.  Continuing to fight the good fight, undoubtedly for ‘truth, justice and the American way’ may appear to fulfill this aspiration to provide services for the public good, but the rule is a bit more specific.  Just being in a profession that exists to help clients is not enough.

Both the ABA and Rule 6.1 of the Vermont Rules of Professional Conduct state that every lawyer has a professional responsibility to provide legal services to those unable to pay.  It suggests that lawyers should render at least 50 hours per year providing pro bono services, the majority of which should be to help persons of limited means or charitable organizations that serve those of limited means.  The majority of the 50 hours need to be without fee or expectation of fee.  The rule then goes on to address other no fee or reduced fee services, beyond the majority of the 50 hours, that could be rendered to protect civil rights or public rights or to improve the legal system or law.

 Being in a service profession, it seems to go without saying that Vermont lawyers will give their time to help those in need, without pro bono hours being mandated.  And they often do, even though the stated 50 hours is merely aspirational.  The most cited reason for not giving time is that it is harder to earn a living in Vermont than elsewhere.  That Vermont practice is replete with ‘involuntary pro bono.’ While this may be true, it also follows that a huge population of Vermonters are low income and are in dire need of legal services.  Nationally, the ABA has found that 40% of low and moderate income households have legal problems but that only 20% of those legal needs are being met.  Legal services are needed, so why not help?

As so aptly put by Anne Frank, “No one has ever become poor by giving.”  Or as often, and perhaps incorrectly, attributed to Winston Churchill, “We make a living by what we get, but we make a life by what we give.”  Countless studies have shown that giving is more rewarding and fulfilling than receiving. 

Consider volunteering at one of the following established programs and see just how gratifying the work can be!

·        Vermont Volunteer Lawyer Project is a statewide program matching volunteer attorneys with low-income clients in need of help in civil legal matters. To sign up or to request more information, contact Angele Court, VVLP Coordinator, at (802) 863-7153.

·        Chittenden County Small Claims Clinic is held on the first Tuesday of each month in the District and Family Court building on Cherry Street in Burlington. Volunteer attorneys meet with clients to review their cases and prepare them for the upcoming hearing. The attorneys do not provide legal advice. To volunteer, or to receive more information, contact Jeffrey Messina Esq., with Bergeron, Paradis & Fitzpatrick, LLP by calling (802) 879-6304.

·        Chittenden County Rent Escrow Clinic is held at least two times a month on Tuesdays from 8:30AM until noon at Chittenden County Courthouse, 175 Main Street in Burlington. Three attorney volunteers enter limited appearances for clients in rent escrow hearings that morning. To volunteer, or to obtain more information, contact Angele Court with Legal Services Law Line of Vermont at 802-863-7153.

·        County Bar Legal Assistance Projects are low-bono projects providing stipends for attorneys representing low income clients in foreclosure, collections and landlord/tenant cases in civil division, in adult involuntary guardianships in probate divisions, and in child support contempt defense in family division. These low bono projects exist in Addison, Bennington, Rutland, Windham, Windsor/Orange Counties, and are coming soon in Franklin/Grand Isle and Washington Counties. For general information contact Mary Ashcroft at mashcroft@vtbar.org or at 802-223-2020.   

To sign up for the program in your preferred country, contacts are below:

Addison County: Sarah Star, Esq. 802-385-1023

Bennington County: John Lamson, Esq., 802-447-8500

Orange County: Judge Bernie Lewis at 802-728-9604

Rutland County: Mary Ashcroft, Esq., 802-775-5189 (OVER 800 CASES TO DATE!)                       Windham County: Ellen Kreitmeier, Esq., 802-490-9265

Windsor/Orange Counties: Marc Nemeth, Esq. 802-763-2227

·        Caledonia County Legal Clinic is offered on Friday afternoon every other month at the Courthouse in St. Johnsbury. Attorney volunteers are needed to visit with clients on a variety of issues for 20 minutes each. For more information or to volunteer, call the court at 748-6600.

·        St. Johnsbury Community Justice Center offers a free evening legal clinic on the first Monday of every month, and needs volunteer attorneys to meet with each client for 30 minutes, working from 6-8PM. For more information or to volunteer, call Neil Favreau at (802) 748- 2977.

·        Washington County Legal Clinic operates two Friday afternoons a month at the Washington Family Court in Barre. Volunteer attorneys see 3-6 clients for 15 minute consultations each. Clients with all types of legal questions are served. To volunteer, please call the Family Court at 479-4205.

The county “low bono” projects listed above are funded by grants from the Vermont Bar Foundation. 

Pro bono opportunities exist in every county in Vermont.  If not through an established program, consider volunteering in your local probate or family division, where the pro bono need is especially great.  Fulfill Rule 6.1 and you, too, will feel fulfilled!

Scenes from VBA's 138th Annual Meeting

If a picture is indeed worth a thousand words, then this photo-packed Blawg installment rivals an Act of Congress! The 138th Annual Meeting was a smashing success, and how better to describe it than with thousands upon thousands of words, albeit in picture form. Captions are included, however, since it would be impossible for trained legal professionals to remain entirely speechless!


Taking in the setting before the meeting begins.

Judge Robert Mello fields a question from Paul Gillies about Judge Mello’s book “Moses Robinson and the Founding of Vermont”.

Judge Stephen Martin discusses his book “Orville’s Revenge: The Anatomy of a Suicide” with a photo of the late Orville Gibson and his wife in the foreground.

Nancy Martin exhibits how one can tie one’s self up in order to hurl one’s self from a bridge!

Former Agency of Transportation Secretary Sue Minter speaks first in the Gubernatorial Dialogue followed by Lt. Governor Phil Scott addressing the membership. Last up was Liberty Union Candidate Bill Lee who shared his enthusiasm (and drew some laughs) during the Gubernatorial Dialogue.  The event was moderated by Daniel Richardson.

Friday morning's Wake Up and Run/Walk participants got to view the sunrise.

Peaceful morning mindfulness through curtain sheers...John Newman presents to very engaged members in a beautiful setting.

Greg Weimer engrosses the crowd during the E-Discovery for Small Civil Cases seminar.

        

Anna Saxman  and Marshall Pahl describe the latest rulings in the criminal law update seminar next to a bank of lake-view windows.

The panelists in the Alimony Reform presentation include Judges Brian Grearson, Thomas Devine and Kevin Griffin, along with Attorneys Susan Murray and Emily Davis.

Tom Valente explains the use of parody as a defense in trademark cases.

Also in IP, In case you want to know how to take over the world, Gordon Troy can explain!

Nancy Livak addresses potential infringement with this lively cheerleader costume case.

Penny Benelli and Amber Barber present to a packed lakeside room with the Family Law year in review.

Steve Ellis addressing a question at the Employment Law review.

Tom Moody engaging his audience at the Business Law review as Tristram Coffin awaits his portion of the presentation.

Mike Kennedy and Drew Palcsik keeping members calm with their cloud computing seminar.

Members are assembled for the lunch meeting  - a packed house with this view out the window:

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Mike Kennedy presents President’s Awards to Access to Justice Campaign Co-Chairs Jeff Johnson and Jean Giddings for their fantastic work as last year’s co-chairs.

Mike Kennedy presents President’s Awards to lawyer/legislators Shap Smith and Willem Jewett for their many contributions while serving in the Vermont Legislature.

This year’s Access to Justice Campaign Co-Chairs Rob McClallen and Gary Karnedy thank the audience for their past support and urge continued support for the Poverty Law Fellow Program this year.

   

Mairead O’Reilly, the current Poverty Law Fellow, describes the work she will be undertaking with a focus on issues surrounding the opiate epidemic.

Immediate Past President Dan Richardson passes the gavel to new President Mike Kennedy.

President Mike Kennedy addresses the membership during his very moving acceptance speech!  


Post-lunch socializing with the service award winners and President Kennedy.


The afternoon continues with Appellate Law cast of presenters including Justices Skoglund and Eaton, Judge Crawford and David Boyd.


Real Property Year in Review with Andy Mikell, Benjamin Deppman and Jim Knapp.


Thanks for having us, Lake Morey!

Pets R (most of) Us!

Now then, I’ve gotten your attention with cuteness overload--well at least 60% of you.  Approximately 60% of Americans own pets, and most of those pet-owners are dog owners.  And while many of us pet owners frown on the use of the word “own” since our pets are actually our beloved family members, I intended to use ‘own’ in the truest legal sense of the word.  Come to VBA’s Pet Law Day on September 30, 2016 in S. Burlington and you will see how a dog compares, in the eyes of the law, to, say, a couch! 

There have been several pet-related cases that have made it to the Vermont Supreme Court, a few of which will be discussed at our Pet Law Day.  But what about the couch?  Well, despite that many studies have shown that pets can reduce obesity, increase happiness and reduce stress in their owners, they are simply, legally, personal property. Though many have tried, there cannot be a custody arrangement for a family pet in Vermont.  Not only can pets not be subject to an order of custody, they also, unlike humans, can instead be subject to a “finders-keepers” ruling like a couch on a street corner. But unlike a couch, dogs escape and can bite either each other or humans.   Also, unlike a couch, you cannot leave them in a hot car or otherwise mistreat them.  Sound complicated?  It is!  We will explore these issues and more, including pet trusts, at Pet Law Day on September 30, so register TODAY! 

Pet laws are complex and the industry is robust. Spending on pets in the US has grown rapidly over the last decade.  It is estimated that Americans spent approximately $60 Billion on pets in 2015, which is slightly more than we spent on clothing, handbags, makeup and shoes combined.  This spending also edged out what was spent on childcare by over $10 Billion.  More troublesome, perhaps for the ridiculed pet and most certainly for those living in poverty with legal needs, Americans spent approximately $350 Million on Halloween costumes for their pets in 2015, which is over 90% of the entire Legal Services Corporation funding for the same year to fund Legal Aid.  Saving the priorities discussion for another day, pets are undoubtedly a major factor in the lives and the spending of Americans.

As the industry grows, so does the case law addressing situations relating to animals.  Our Lawyer Referral Service receives calls monthly related to pet theft, custody, bites and the like.  Just this week we received a call involving a pet that was kept in one home at the end of the child’s visitation, against the other parent’s wishes, with no agreement or order in place addressing the former family’s pet.  Just yesterday, there was a dog death and vehicle break-in for a dog left in a hot car in Colchester. We receive so many calls that we are adding an Animal Law category to our Lawyer Referral Service.  Want to be added to our LRS Animal Law category?  If you are already a registered LRS attorney, email Devlin at dnicholls@vtbar.org to add this category.  If you are not a VBA Lawyer Referral Service attorney, why not?!  Register HERE and perhaps the next Vermont Supreme Court animal case could be yours!