Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Fall 2018, Vol. 44, No. 3 | Page 29

PARALEGAL SECTION
Chair: Carie Tarte, RP ® , AIC
The Paralegal Section submitted an
article that was published in the spring
2018 Vermont Bar Journal on “certified”
vs. “certificated” paralegals, which outlined
the difference between attending an
educational program to obtain a certificate
of completion in paralegal studies versus
taking an examination to obtain a registered
or certified paralegal designation. We are
working toward co-sponsoring a dinner or
luncheon event with the VBA this fall that
will encompass both a social aspect and be
eligible for CLE credit.
PRACTICE AND PROCEDURE
SECTION
Chair: Gregory A. Weimer, Esq.
Over the past year the committee chair
acted as liaison between the Practice and
Procedure Committee and the Vermont Civ-
il Rules Committee concerning proposed
amendments to V.R.C.P. 26(b)(4) to address
changes in the case law concerning the dis-
closure of “Event Expert Witnesses”.  The
Chair helped coordinate the publication of
a Bar Journal article co-authored by James
Dumont and Allan Keyes mapping out the
proposed amendments  as well as an open
forum seminar at the upcoming annual VBA
meeting to foster discussion and under-
standing of the proposed changes.
PROBATE AND TRUST SECTION
Chairs: Bob Pratt and Mark Langan, Esqs.
The Probate and Trust Section co-chairs
divided and conquered this past year with
Bob Pratt handling the legislative matters
and Mark Langan handling the section chair-
ship otherwise. The section put on a very
successful full-day Probate Law Day in June,
reviewing the mass changes to probate laws
and discussing elder abuse.  As for the leg-
islation, 2018 saw the conclusion of the proj-
ect that started in 2010 for modernizing de-
cedent’s probate law, with Act 195 passed
and signed by the Governor, effective July 1,
2018, including for Wills offered for admis-
sion or executed on or after that date.  We
will be going back for another change, to
the small estates procedure, in the next ses-
sion.  It included authorization of self-prov-
ing Wills, property settlement agreements
www.vtbar.org
made during marriage, expedited adminis-
tration by waiver of an accounting, and an
unsupervised administration if there is only
one beneficiary who is also the sole fiducia-
ry. The changes in the law will be highlighted
again to Vermont’s NAELA chapter in early
October.  There was also a change in the law
allowing probate judges to approve trusts
for minors that go beyond their attainment
of the age of majority; this was part of Act
195 but was interjected by other interested
parties; see 14 VSA 2659(e). The section re-
mains one of the more active discussion sec-
tions on VBA Connect.
REAL ESTATE SECTION
Chairs: Jim Knapp and Benjamin
Deppman, Esqs.
This was a busy year for the Property Law
Section.  Members of the section provided
CLE programs at the September meeting
and a well-attended and very informative
day of CLE programs at Real Estate Law
Day in November.    There will be another
presentation at the VBA Annual Meeting
in September. Co-Chair Jim Knapp also
presented the real estate segment at the
Basic Skills program in September and
March for attorneys pursuing admission to
the Bar. The VBA Connect Online community
remains very active, with hundreds of distinct
discussion threads posted over the last year
or so.
The regular session of the 2018
Legislature took up bills relating to several
topics of interest to Section members: (a)
addressing the issues with tax sales (statutes
of limitation for challenging tax sales and
for claims related to potential fraudulent
conveyances); (b) providing for the transfer
of the municipality’s interest in municipal
leaselands to the holders of the perpetual
leases in 2020; (c) the complete revision of the
regulation of the statutes related to notary
publics; and (d) topics involving blockchain
technology.   Members Jim Knapp and Andy
Mikell provided extensive testimony on the
bills in numerous committee meetings.
The Title Standards subcommittee of the
Real Estate Section will release new title
standards in September along with updates
and revisions of the current Standards.
WORKERS’ COMP
cus of this year’s meeting was discussing the
proposed major re-write of Vermont’s Rules
governing Vocational Rehabilitation Services
in the WC system. Public comment on the
proposed rules closed on July 20. Rules go
to the Legislature for approval later this sum-
mer.
On July 20th, the VBA WC Bar celebrated
the retirement of Phyllis Phillips, long time
Administrative Law Judge, from the Vermont
Department of Labor, with a roast and a fun-
draiser for Kids Chance of Vermont. Judge
Phillips is opening a mediation practice. A
luncheon will be held in conjunction with the
annual Adjuster’s Conference on October
26 th to meet the new ALJ Stephen Brown.
ity on VBA Connect was moderate-- mem-
bers are always willing to help each other
out with questions and odd scenarios. There
was limited assistance with the leaselands
legislation and discussion on VBA Connect
about its implications.
YOUNG LAWYERS DIVISION
Chair: Charles Romeo, Esq.
This has been another busy year for the
Young Lawyers Division.  The YLD has con-
tinued to host regional mixers through-
out the state for division members as well
as other members of the bar. Most recent-
ly, this included Montpelier and Brattleboro,
both organized by our Secretary, James Va-
lente.  This past January, we held another
successful annual Mid-Winter Thaw in Mon-
treal which was packed with exceptional
panelists of both the bench and bar and a
keynote address by Vermont Public Radio’s
Mitch Wertlieb, which was a highlight of the
event.  This was also a year of transition for
the Thaw. After nearly a decade or more, in
2019, the Thaw will be leaving the Le Centre
Sheraton and returning to the recently-
renovated Omni-Mont Royal, where the
Thaw had been held in years past prior to
the Sheraton.  
For the second year in a row, members of
the YLD served as witnesses for the VBA’s
Trial Academy. Lastly, the YLD launched a
new program called “Dinner With a Judge”
with a pilot event held in Rutland with Chief
Justice Paul Reiber and U.S. Second Circuit
Court of Appeals Judge Peter Hall. “Din-
ner with a Judge” is designed to provide
an opportunity for members of the division
to have informal, small-group discussions
with members of the judiciary on general
topics relating to the profession, including
those affecting young lawyers. The Rutland
event was a success and we look forward to
hosting other such events throughout the
state in the coming year.
Chair: Keith Kasper, Esq.
The year-in-review for WC, Torts and In-
surance presentation at the 2017 VBA An-
nual meeting had very positive feedback.
Thanks to Heidi Groff, Jennifer McDonald
and Paul Perkins for their presentation.
On May 4th, the VBA WC Section held its
annual Bench Bar luncheon meeting with the
VT Department of Labor personnel. The fo-
THE VERMONT BAR JOURNAL • FALL 2018
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