VERMONT BAR ASSOCIATION

BOARD OF BAR MANAGERS MEETING

May 16, 2013; 10AM

Basin Harbor Club, Vergennes, VT

Present: Amber Barber, David Fenster, Ted Tyler, Matt Valerio, David Carter, Jennifer Emens-Butler, Austin Gray, Michael Kennedy, Grace Pazdan, Jim Carroll, Dan Maguire, Gary Franklin, Elizabeth Novotny, Judge Tom Durkin, Dan Richardson

Staff: Mary Ashcroft, Bob Paolini

Guest: Andy Mikell, incoming Board member

1. Call to Order: President Amber Barber called the meeting to order at 10AM.

2. Future Practice of Law Issues: passed over.

3. Acceptance of Consent Agenda:

A. Minutes: One correction was noted: under (D) Presidents’ report the last sentence should read: “She stated they asked the Senators to ask for $30 million for civic education, which they agreed to review and consider.” With that correction, the minutes were approved as printed.

B. Treasurer’s Report: Matt Valerio reported that the VBA has not lost members even though a lot of older lawyers are retiring and not as many young lawyers are taking their places. Bob Paolini noted that the VBA made some money on the Mid-Year meeting and also at the Solo Conference. We have 14-15 new members coming in, and the staff is watching and cutting back on travel expenses, especially attending fewer ABA meetings. The back of the VBA building is being scraped, painted and work done on the windows. That expense has not yet shown up.

C. Board Committee Reports:

i. Operations: Dave Fenster reported that the committee discussed possibly raising the dues in small increments, but with no increase for students or 1-5 year members . He noted that there are 27 members who are going to 70-40 status this year, which will reduce their dues from $190 a year to nothing, and they will receive free CLEs. The aging bar is affecting revenues, and we are not replacing older lawyers with younger ones at the rate that we have been. Do we change 70-40 status? We should examine the statistics and consider the 119 members now at 70-40. Next year we will also see another increase in 70-40 members. This is not a sustainable trend for the VBA. Ted suggested that we ask lawyers reaching that age what they think—perhaps there will be no objection.

Bob noted that at Lake Morey last fall we recognized 17 new 70-40 members. But we just added skills course and 60 lawyers from other states took it. We brought in 45 new members that way by offering deep discounts for the CLE if they were VBA members. Bob also pointed out that new entries are at the lower level of dues payment.

Discussion on the matter ensued. We need to research what other bar associations are doing. The 70-40 status is in our constitution. California’s bar membership rate is based upon whether a lawyer is active or inactive. Bob noted that 21 VBA members are in their 20’s; 362 are in their 30’s; 414 are in their 40’s; 594 are in their 50’s; 581 are in 60’s. We could end up with a huge part of membership being 70-40 members. Should we go to a mandatory bar? There are only 2 mandatory bars in New England. Should we ask older lawyers still practicing to stay paying dues again? Should we drop the CLE’s? Over next 5 years, we will average 28 lawyers retiring each year. Our next step should be discussed at the retreat.

ii. Membership: Dan Richardson said that the committee has a draft of a tech survey to send out to members: what types of computer systems do they use, what appsdo they want, what technology do they want to see from bar. They will review the draft before the retreat.

iii. Program and planning: Jennifer Emens-Butler reported that the committee had met, and were monitoring the list serves for program possibilities at our annual meeting. They will coordinate with operations as they would like to see blogs in a searchable format. They want section chairs to flag items on list serves. Bob suggested that the Board should flag ideas that will cost money and bring them to the retreat as we begin preparing budget then.

iv. Pro Bono: Mary Ashcroft reported that the Pro Bono Committee had met by phone. The VBA and county bars have applied to the VBF for new grants to start low bono programs in Addison and Franklin-Grand Isle Counties, as well as renewal grants for the four southern counties and Orange. The Committee discussed a recent ABA study of pro bono work confirms that 70% of attorneys do pro bono work, and split their time between Tier I(direct representation of the poor) and Tier II (other pro bono and low bono service for non-profits, bar associations and the indigent.) The committee was thinking about a way to have attorneys voluntary report their pro bono work—possibly a county bar challenge. The Committee will also be meeting with Angele Court to discuss how best to invigorate VVLP and its efforts. The Committee will sponsor a CLE on pro bono and ethics at the VBA’s annual meeting in September.

Amber noted that the New York bar biannual reporting requires lawyers to report their pro bono hours and financial donation to legal services programs. Judge Colleen Brown lists attorneys each year who have done pro bono work in her court. Discussion ensued about voluntary and mandatory reporting of pro bono work, and some past controversies.

v. Mid-size case committee: Gary Franklin reported that the committee is working on a mission statement to define the problem. He and Austin Gray were the only 2 board members on the committee—they will try to have a rule to propose by the end of the year. This committee will address mid-size cases in Civil Division only. Bob suggested that the committee have a panel at the VBA Annual Meeting to discuss and get feedback. Judge Durkin noted that thiswould mesh with the judiciary’s work on disposition guidelines, so it would be better to have ideas vetted there before reviewing by bar. The Committee should also think about raising small claims limit. Ted reminded the Committee not to present this idea as a fait accompli, as that will be an irritation to the lawyers. Instead, in September start the discussion, but don’t wait too long.

D. President’s report: Amber reserved on her remarks for the Retreat Planning discussion.

E. President Elect’s Report: Dave Fenster briefed the Board on Civility and Civil Discourse program on June 1 in Montpelier, and urged Board members to attend.

F. Executive Director’s Report:

--Bob noted that Pat Gabel will be the new Court administrator, and she is scheduled to meet with the VBA Board in July. Rich Cassidy will also come to that meeting to report on ABA matters.

--Vermont is hosting the Conference of Chief Justices during the last week in July. VBA will need to spend something—maybe $1,000—for some host committee activity.

--Bob will meet with the Chief Justice later this week to discuss raising money for our fellowships for young lawyers. Connecticut raised money by approaching their Association of In-House counsel. The Access to Justice Coalition has raised $144,000 for the Poverty Law Fellowship and access to justice programs this year.

--Bob & Dave will go to ALPS in July for 3 day event. Bob will be on a panel to discuss licensed legal technicians. This will also be discussed in Vermont by the Professional Responsibility Board later this summer.

--Bob reported that the VBA did OK during this legislative session. The foreclosure mediation bill passed. It will become effective 12-1-13. The civil division oversight committee and the VBA will have 6 months to work out details such as how to do mediator assignments. The VBA will do another training for mediators, with the pool down to about 80 mediators or less. Another matter taking time was the Billings bill, on which Penny Benelli and Susan Murray did much work. A judiciary bill will provide for elimination of judgment books, deals with jury questionnaires, expungements, family court filing fee for stips which fall apart, avoided having side judges sit on child support contempt cases, etc. Much of the work was done informally by Bob during the last days. The shoreland protection bill, of concern to VBA members, will go to public summer study and hearing. Also amendment of perpetual conservation easements went to summer study as well. Vermont Legal Aid received an increase of $125,000 over last year’s budget, plus $75,000 from a second AG settlement on foreclosure matters. Legal Aid will also receive the second $100,000 installment from the robo-signing settlement authorized last year. Amber thanked Bob for his work.

G. Staff reports: Mary Ashcroft reported on low bono projects, especially the large number of cases being referred to the Rutland Pilot Project. If grants are made to Franklin-Grand Isle and Addison County Bars, she will be setting up CLE trainings and recruiting lawyers to be on low bono panels in those areas. Mary thanked the Board for sending her to the ABA/NLADA Equal Justice Conference where hot topics include incubator law firms, unbundled legal services, and progression of pro bono work from advice clinics through 1 hour consultations, unbundled services and full representation. She has also worked with Tom Garrett and Eric Avildsen to apply for a $20,000 grant from the ABA to fund an on-line link between Legal Aid/Law Line and the VBA’s Lawyer referral Service. The link will allow lower income clients to find legal helpin one step from legal services projects or from the private bar via a new modest means panel.

H. Section Liaison Reports:

Bob noted that a bill creating a state action against patent trolling had passed over the opposition of most of the Intellectual Property Section of the bar. Andrew Manitsky dropped everything he was doing to testify about this bill.

Amber reported that the Family Law Day program done by the Family Law Section went well.

Jennifer noted that the Bankruptcy Law Section worked with the Property Law Section to present the May 2 program on foreclosure and effect on title.

Dave Carter reported that Judge Ned Spear would be doing a seminar on involuntary guardianships and involuntary medication in Swanton on June 18th.

The Environmental Law Section will do a CLE on energy law issues on May 24.

I. VBF Report: Dan Richardson reported that funds have increased , and as a result the VBF will be able to do more funding, giving as much as possible to competitive grantees. The grants were initially intended for start-up projects, and now there is competition between start-ups and old friends. An on-going VBF issue is to formalize the staffing relationship between the Bar and the VBF. There is no proposal yet on this. The VBF continues to work on diversifying fundraising, and approaching non-legal groups for funding.

J. ATJ Coalition Report: Bob reported that the Coalition will meet in late May at the South Royalton Legal Clinic’s new home. The Coalition’s legal needs roadshow will visit Rutland on May 21, and Bennington on May 31. The roadshows meet with local attorneys and the legal community to find out where the missing pieces are in delivery of legal services, what local issues are, and what could be done locally to meet unmet legal needs. Bob mentioned that a slight change in statutory language will allow some of the money raised from lawyer licensing fees to be used now for the VBF grants. There is $500,000 in this fund, which will also be tapped to improve interpreter services and establish self-help centers. It is possible that this money could be used to start an incubator project. Bob also noted that the Coalition is close to starting again the process to select this year’s Poverty Law Fellow.

5. Discussion: Retreat Planning

This year’s board retreat will be at the Waterbury-Stowe Fish and Game Club. Board

members will be cooks and bottle washers. A sign-up sheet for chores and food was circulated.

Programs will be as follows:

--Dan, Mike, Grace and Bob will talk about interesting areas in the law/new practice areas such as incubator projects and what the VBA’s role will be.

--Ted, Dave and Matt will lead discussion on the aging of the bar, succession planning, on-going expenses, dues, bar services, etc.

--Jennifer, Judge Durkin and Austin will discuss the legal profession and lack of development of law and precedent because more cases being settled; this will include cases going to trial, some increases in some counties, statistics on the judiciary website, etc.

All groups will get information out prior to the retreat so that a more thoughtful discussion can happen.

5. Action: Enrollments:

Dave Fenster moved that all enrollments be accepted, except for one applicantwho indicated that he was a student at three law schools. The motion was seconded. Matt moved to amend the motion to include this applicant, but his motion failed for lack of a second. The motion to approve all enrollments with the one exception passed unanimously. Dan then moved to admit the other applicant pending verification that he is going to VLS. The motion was seconded and carried. A motion was then made and seconded to reconsider the last motion. Discussion ensued about whether the applicant had lied, misunderstood the question, perhaps English is not his first language, etc. Four Board members voted for reconsideration, the rest voted against, so the motion to reconsider failed. Attorney Members: Matthew S. Branchaud, Nelson M. Campbell, Elizabeth B. McDonald, Kathryn H. Michaelis, Matthew R. Newborn, Kristin A. Ross; Associate Members: Jennifer E. Agnew, Esq., Barbara A. Bedard, Esq., Mary Bleier, Esq., Andrea B. Brainard, Esq., Vanessa Brown, Michael I. Getz , Esq., Puspa L. Luitel, Jacques N. Parenteau, Esq., Alison M. Stone, Jennifer H. Weinstein, Esq.

There being no further business to consider, the meeting was adjourned at 12:07PM.

Respectfully submitted:
Mary C. Ashcroft, Esq., Pro Bono Coordinator, VBA