by Mary Ashcroft , Esq .
Pro Bono Profile : Pro Bono Service Award Winner Francesca Bove
“ This case is about an old deed and an “ old ladies ’ home .” 1 That ’ s how Rutland Attorney Francesca Bove began her motion for summary judgment in a pro bono case that would spotlight her community commitment and win her the VBA ’ s Pro Bono Service Award .
Bove had just passed the bar exam and was starting as a law clerk at Ryan Smith & Carbine , Ltd . in October , 2011 , when a senior lawyer told her “ Oh , we ’ ve got this interesting case for you to work on .” The Rutland Missionary Association , Inc . (“ RMA ”), a venerable institution founded in 1866 , sought clear title to property it owned on North Main Street in Rutland City . A restriction in its deed from five original grantors contained a reverter clause : if the property ever ceased to be used for an old ladies ’ home , the sum of $ 900 plus interest from 1889 was to be paid to the original grantors or their heirs .
Changing times and circumstances made it impractical for the RMA to continue to run an old ladies ’ home . They needed to use the property for another purpose , but the deed restriction loomed large as an obstacle .
Bove ’ s job was to get rid of the obstacle . “ The deed restriction either had to be waived , or we had to have a court order nullify it ,” said Bove . She tried for the waiver first , but was not successful . The reality Francesca faced was that the five original grantees were long gone , but they had left many heirs . All had to be contacted . Francesca at first located 12 heirs , “ but then one or another of those would mention a half-sister or cousin ” and she would be off on the search again .
In all , Bove tracked down 17 heirs scattered over several states and even in different countries . “ The affidavits were lengthy ,” she noted ruefully . “ Initially we hoped to serve the heirs by publication , but the Court sent us back to do due diligence .” Francesca had to learn about international law and the intricacies of the Rules of Civil Procedure . “ I got very cozy with Rules ,” she confirmed .
Francesca finished her clerkship , was hired as an associate at RS & C , and kept working on the RMA case . Ultimately she was successful . Her motion for summary judgment to clear title and nullify the deed restriction was granted . Patricia Mandeville of RMA was grateful and relieved for Francesca ’ s work . “ After nearly 3 years , the RMA was named and recorded as owner of the property at 77 N . Main St . and the work of Attorney Bove was essential in making this happen .”
Solving this title puzzle was an ideal task for Bove . She chose law as a career because : “ I like problem solving in a way that affects people , hopefully for the better .”
Graduating from law school at the height of the legal recession was a daunting prospect for this Rutland native . She took one piece of advice to heart — she was told not to set her heart on one discrete area of law but to be open to practice law where the opportunity presented itself . Bove was interested in transactional law and also litigation , and the RMA case blended both . It also gave her a chance to do community service , another important goal for her .
In the year between graduating from the College at Holy Cross and starting law school at Seton Hall , Bove served with the Jesuit Volunteer Corps (“ JVC ”), working at Covenant House in New Jersey as an advocate for homeless youth . JVC requires that volunteers live as well as work in the inner city community . “ It was such a great eye opener for me , coming from Rutland to New Jersey .” Bove met her future husband , Joe Bertelloni , through JVC in New Jersey . Joe is also a former Jesuit Volunteer , and now works as an elementary school teacher
“ I heard that the Vermont Bar Exam was hard but this new requirement is beyond the pail .”
-Andy Mikell in Clarendon . The couple have one child together , with another on the way . Bove came back to Vermont because “ I am a strong believer in community and of the importance of serving the community you grew up in … bringing your talents home . “
Bove boasts of three sets of greatgrandparents who immigrated to Rutland from Italy and Ireland . “ It is important to have my parents around when I ’ m raising my kids ” she stated . “ Rutland is a fantastic place to raise kids .” She also noted : “ New York City and New Jersey have enough lawyers . Vermont needs young lawyers .”
Attorney Bove ’ s work at Covenant House gave her good perspective on landlord / tenant issues in the low income community , a perspective she uses in her present day work representing landlords . Francesca ’ s describes her approach as trying to find a solution that is fair to all parties . She also sees the need for attorneys for pro se litigants in such cases . “ Half the time we [ the landlords ] are proposing a solution that is completely reasonable , but the pro se litigant does not understand .”
Bove continues to do pro bono work for different institutions . She was recently appointed to the Vermont Bar Association ’ s Board of Bar Managers as a YLD representative , and to the Vermont Supreme Court ’ s Board of Bar Examiners . She also serves on the board of the Wonderfeet Kids Museum in Rutland , and as Chancellor for the Joan Loring Wing Inns of Court .
Francesca Bove credits her pro bono award to the senior partners at Ryan Smith & Carbine . “ They were phenomenal ,” she noted . “ We didn ’ t anticipate that this case would involve as much work as it did , but once we were into it , no one shied away from it . They told me to keep going and do what needs to be done .”
She stressed that “ Every client , paid or unpaid , deserves zealous advocacy .” Her work on the RMA dilemma was a good example of that . “ This case took as much priority on my work load as any paying client . I didn ’ t put anything on the back burner .”
Would she do another pro bono case like the one for the RMA ? “ Without hesitation ,” Bove said . “ It was interesting and served a good cause — it doesn ’ t get any better than that .” ____________________
1
I interviewed Francesca on November 22 , 2016 in Rutland ; all quotations are with reference to her interview .
42 THE VERMONT BAR JOURNAL • WINTER 2016-17 www . vtbar . org