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el of experienced practitioners from the public and private sectors will provide an overview of the legal landscape as well as practical insights , observations and recommendations from the trenches . This two-slot program will be entertaining and informative for lawyers at all levels of experience and expertise .
MUNICIPAL LAW SECTION By : Brian Monaghan , Esq .
This past year , the Municipal Section partnered with the Vermont League of Cities and Towns Municipal Assistance Center to conduct its annual Municipal Attorneys Seminar at the DoubleTree Hotel in South Burlington . The seminar focused on municipal election issues , developments in public records act jurisprudence , and the role of the municipality in land use mediation sessions . The Section will look to conduct another similar session on emerging municipal law issues . Ideas can be posted to the online community at VBA Connect .
PRACTICE AND PROCEDURE SECTION By : Gregory A . Weimer , Esq .
The Practice and Procedure Committee had a constructive year participating in two seminars for the VBA . The First was at the Annual Meeting in October of 2016 which addressed e-discovery for small civil cases . Panelists were David Fenster , Jim Knapp , Judge Cohen and myself . We had a large and engaged crowd . The second seminar addressed the admissibility of social media at trial which was presented during the Solo and Small Firm Conference at the Basin Harbor Club in May of 2017 . Panelists were Andrew Manitsky and myself . The substance of this seminar was Andrew ’ s brain child and he recruited me to present . We had an enthusiastic crowd that generated some good questions .
PROBATE AND TRUST SECTION By : Mark Langan , Esq .
The Vermont Legislature enacted the Revised Uniform Fiduciary Access to Digital Assets Act ( RUFADAA ). H . 152 ; Act 13 ; found at 14 V . S . A . § 3551 et seq . Effective July 1 , 2017 .
A technical correction was made to the estate tax . In the major change to the estate tax during 2016 , the Legislature repealed 32 V . S . A . § 7442a ( c ). That was unintended . It now reads “ All values shall be as finally determined for federal estate tax purposes .” Act 73 ; Sec . 8 .
The Vermont Supreme Court decided Strong v . Fitzpatrick , 2107 VT 35 ( No . 2016- 270 ) holding that an attorney does not owe a duty to a non-client ( the beneficiary of a will ).
Vermont Rules of Probate Procedure were promulgated as follows : Rule 5 ( e ), Rule 4 ( a ), Rule 80.2 : Rule 5 ( e ) to adopt language virtually identical to V . R . C . P . 5 ( h ) requiring a certificate of service to be filed after service of any document under Rule 3 . ( July 14 , 2017 ); Rule 4 ( a ) adopts the language of V . R . C . P . 4 ( b ) and
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requires that a blank Notice of Appearance form must be included by a petitioner when a complaint is served . ( May 15 , 2017 ); Rule 80.2 conforms the rule to present practice by requiring that a petition to open an ancillary estate in Vermont include a representation that the property is located in the Unit in which the proceeding is brought . ( May 15 , 2017 ).
REAL ESTATE LAW SECTION By : Jim Knapp and Benjamin Deppman , Esqs .
The Real Estate Section was engaged in a number of action items this past year . The Section presented at the Annual Meeting , the Mid-year Meeting and at Real Estate Law Day . The Section also presents the Real Estate portion of the Basic Skills Course . This was a busy legislative session also , with the Real Estate Section involved in analyzing and testifying about bills related to ( i ) the revisions to the statutes on notaries and notarial acts ; ( ii ) vital records ; ( iii ) financial abuse of vulnerable adults ; and others . The key contribution of the Section during the year included significant involvement with the Department of Taxes related to : ( i ) the introduction of the new Real Estate Transaction Tax filing system ; and ( ii ) the discussions regarding the Current Use Program and the subordination of the lien for the Land Use Change Tax .
SOLO & SMALL FIRM SECTION By : Michael D . Caccavo , Esq .
This year marked another successful Solo and Small Firm Conference in Basin Harbor . Extracurricular activities were added and fun was had by all . Next spring , we will be assisting with a Tech Law Day for the conference off-year . Section members are starting to use VBA Connect for sharing wisdom , but all are encouraged to embrace the new system and post questions , stories or CLE ideas . Please send any ideas through the system or to me , or Jennifer at the VBA and we will endeavor to present a CLE on the requested topic .
WOMEN ’ S DIVISION By : Elana Baron , Esq .
This year the Women ’ s Division conducted its annual meeting on March 31 , 2017 at which we had the pleasure of hosting guest speaker Christine Doreen Moriarty of MoneyPeace . Christine explored the ways money affects our lives ( and our clients ’ lives ) and how we can come from a balanced approach when interacting with it on a daily basis . We listened , learned and laughed about what role money plays in our lives .
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WORKERS ’ COMP By : Keith Kasper , Esq .
The Workers Compensation Section had its annual WC Bench / Bar Meeting this year on January 27 with guest speaker and president of the VBA Mike Kennedy presenting on ethical issues involved in WC litigation . Attached
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to this Meeting was a fundraiser for the Vermont Chapter of Kids Chance , a charity whose purpose is to provide scholarships to the children of injured workers . The Section is also presenting a Seminar at the Annual VBA meeting on October 13 . The Section is also investigating the potential for a joint seminar with the New Hampshire Bar Association WC section on concurrent jurisdiction issues and the differences and similarities between our two states ’ workers ’ compensation systems . This Joint presentation would likely occur early next year . Finally , this Spring members of the VBA WC section participated in Legislative debates over two bills affecting Workers ’ Compensation in Vermont , one of which passed S52 addressing the issue of PTSD for first responders and the standard of compensability for other employees suffering from work-related mental injuries .
YOUNG LAWYERS DIVISION By : Francesca Bove , Esq
This has been another great year for the Young Lawyers Division . In October , 2016 , YLD Board members Andy MacIlwaine and Ben Traverse organized a successful Chittenden County mixer with many lawyers in attendance at Zero Gravity Brewery in Burlington . Another well attended mixer was held in Washington County in May , 2017 . This past January , we held the YLD ’ s annual Mid-Winter Thaw with nearly 180 attendees . We are looking forward to another successful mixer this upcoming January 11-13 , 2018 with relevant topics and engaging presenters .
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