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

Vermont Bar Association
Board of Managers Meeting
July 20, 2012
VBA Conference Room

Present: Will S. Baker, Amber L. Barber, James F. Carroll, David C. Carter, Therese M. Corsones, Thomas S. Durkin, Jennifer Emens-Butler,David R. Fenster, Austin R. Gray,Daniel P. Richardson, Edward J. Tyler, III, Matthew Valerio

Call to Order: President Jim Carroll called the meeting to order at 1:04p.m.
Acceptance of Consent Agenda

Minutes – The minutes from the May 23, 2012, and June 15, 2012 meetings were adopted as written.
Treasurer’s Report –Copies of the projected year-end budget were given to the Board. Lisa and Bob Paolini provided explanations for some income and expense differences for this fiscal year, as well as the 2012-2013 budget. The June budget report was adopted as written.
Board Committee Reports
Operations –Amber Barber noted the committee has been working on the budget. Amber also noted that the disaster manual is still not complete and asked everyone working on it to try and finish up their section as soon as possible.
Membership –Nothing to report.
Program and Planning –Will Baker stated the committee discussed the upcoming meetings. Jim Carroll asked what seminars are scheduled for the Annual Meeting in September, which Kevin Ryan discussed. Kevin also spoke about the 2012 Basic Skills in VT Practice and Procedure, which will meet the Supreme Courts criteria for attorneys licensed in other states who are trying to get their Vermont license.
Pro Bono – Mary Ashcroft provided the Board with an outline for the October 25th Pro Bono Conference.
President’s Report – Jim Carrollnoted that past-president Eileen Blackwood was recently named Burlington City Attorney.

President Elect’s Report – Nothing to report.
Executive Director’s Report – Bob Paolinireported that much of his time has been spent on the VBA budget, preparations for the NEBA meeting, which Vermont is hosting in Woodstock in October, and the Access to Justice campaign. Bob stated he met with Mary Ashcroft and Justice Robinson recently, which was a helpful discussion about self-represented litigants. The Foreclosure Mediation Update, which was requested by the court, was attended by approximately 80 people at no cost. The program was well received and Bob stated he heard a lot of very positive feedback.
Staff Reports –Nothing to report.
Section Liaison Reports – Nothing to report.
VBF Report –Teri Corsones reported the 30-for-30 campaign hasn’t brought in very much in donations so far. Lisa Maxfield noted that it may be due to so many people being on summer vacation.

Emerging Issues–Nothing to report.
Action
Enrollments - A motion was made to accept the following persons as members of the Vermont Bar Association: Attorney Members:Merideth C. Chaudoir, Christopher Mark Rundle; Associate Members:Margaret A. Athay, Julius Ciembroniewicz, Gregory D. Cote, D. Gabriel Epstein, Beryl Goldsweig, Kevin C. Kleister, David L. Metzger, James A. Ostendorf, William J. Pettersen, IV.The motion passed unanimously. It was noted that six of the associate member applications are attorneys licensed in other states and attending the 2012 Basic Skills program in August.
Set Meeting Dates – The Board set meeting dates from October 2012 through July 2013. Bob Paolini also discussed the agenda for the NEBA meeting in October.
Accept Audit Report – Matt Valerio stated that the recent Audit Report reflects the thorough and competent work Lisa Maxfield, CFO, has done at the VBA over the years. Bob noted the cost for an in-depth audit is $8,000. There was some discussion regarding the necessity of having a full audit done annually as opposed to every other year, from a cost perspective vs. a business and reputation perspective, which will be looked into and discussed in the future. A motion was made to accept the Audit Report as written. Motion passed unanimously.
YLD Resolution – Will Baker stated the YLD is asking the Board to support a change to the by-laws and VBA Constitution and place this matter on the agenda for the Annual Meeting in September. Will and Austin Gray explained the change and discussion ensued. A motion was made to accept the proposed change to the YLD By-Laws and VBA Constitution section XIII and place it on the agenda for the 2012 Annual Meeting in September. Motion passed unanimously.
Set Date for Joint VBA/VBF Meeting – A tentative date of November 16th at 10:00 am was set.
Adopt 2012-2013 Budget – Discussion regarding the proposed 2012-2013 budget report ensued. A motion was made to adopt the 2012-2013 proposed budged as written. Motion passed unanimously.
Discussion
Meeting with ABA Delegates – Richard Cassidy (via phone) and Frank (Fritz) Langrock discussed the Ethics 20-20 report. Rich stated there are many proposals relating to non-attorney ownership of law firms. Fritz stated that proposal 10(a) will likely not be withdrawn, but will be taken up in February. The Illinois State Bar is pushing hard for this proposal. Rich stated that he would prefer to postpone taking up a position until all specific provisions can be looked at.
Matt Valerio asked if Vermont has any representative on the Ethics 20-20 Commission. Rich stated that the Commission is very small and Vermont does not have anyone on it.
Jim Carroll asked if the rule is specific to ownership of law firms or if it also includes unauthorized practice of law. Fritz stated that it covers both and the general feeling is that Ethics 20-20 is specifically dealing with large firms.
Rich noted that many of the proposed changes are updates to take advanced technology into consideration.
Rich also stated that the most controversial issue is disclosure of confidential information between firms in merger situations to avoid conflicts of interest.
Fritz stated he received 2 emails during this meeting, supporting both sides of 10(a), which indicates interest and discussion.
Rich and Fritz both stated it will be hard to make any decisions until they hear the debate. Tom Durkin agreed that hearing more from each side will be most helpful.
Austin Gray asked about multidisciplinary firms being the biggest concern for unauthorized practice of law.
Rich stated that he believes there will be many bar associations who will buy into the Illinois State Bar’s viewpoint, but his opinion would be to wait until more information is presented before taking a position.
Rich noted a few other topics of interest: litigation guidelines of ethics for attorneys (report #101); criminal justice division regarding child sexual abuse statutes and limitations; criminal justice division urging Congress to address habeas corpus and death penalty cases; administrative section regarding mandated disclosure of contributions by non-profits.
Rich also noted the Uniform Law Commission proposal on custody and visitation with respect to children who have one or more family member in the military. Rich is hoping the Family Law Section will look at this, because it is a very important piece of legislation. Amber Barber asked Rich to email her a copy of the proposal.
Unfinished Business – No unfinished business was discussed.
New Business – Bob reported that in May the Board appointed Jeffrey Kilgore to the legislative study committee. Jeff was recently sworn in a Washington County Probate Judge and would be unable to continue on that committee. A motion was made to appoint Brian Monahan to the legislative study committee. Motion passed unanimously.
Bob also stated that the agenda for the September 20th meeting will include a request from a member to form a new VBA Section for Immigration Law. Bob also noted that September is the end of the 2 year seat for the Judicial Board Member, currently held by Tom Durkin.

There being no further Old or New Business, it was moved, seconded, and passed that the meeting adjourn. The meeting adjourned at 3:05 p.m.

Respectfully submitted,
Laura Welcome
Vermont Bar Association