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The RPPT Bulletin is emailed out on a bi-monthly basis to all Section members to keep members up-to-date on the activities of the Section.
RPPT BULLETIN -- AUGUST 2004
SECTION APPROVES TASK FORCE REPORT ON TRANSFER TAX REFORM
The Section’s Council, at its Spring Meeting in Seattle, approved the report issued by the Task Force on Transfer Tax Reform, comprised of members of the Section, as well as members of the Tax Section, ACTEC, ACTC, the American Bankers Association and AICPA. The report focuses on five broad areas relating to the transfer tax, including the transitioning problems created by the 2001 Act, numerous questions about carry-over basis, issues regarding the continuing gift tax after repeal, concerns about the GST tax, and a number of problems or perceived improvements to the estate and gift tax law. The report has been approved by the Board of Governors of the ABA, and may now be released to the Joint Committee of Congress, as well as the Senate Finance Committee and the House Ways and Means Committee. Those interested in reviewing the 360+ page report or its 35-page executive summary may find it on the Section’s web site.
NATIONAL CONFERENCE OF LAWYERS AND CORPORATE FIDUCIARIES MEET
The National Conference of Lawyers and Corporate Fiduciaries had its spring meeting in New York City. Under the direction of attorney co-chair Chris Gadsden of Philadelphia, the Conference addressed issues including the UTC, the Kimball decision that was issued just the day before, the IRS attack on Tax Shelters, Mutual Fund and Directed Trustee concerns and developments, and recent trends in trust reformation. Section Representatives provided an extensive set of materials on recent trust litigation, and Ed Koren briefed the conference on the recent Florida Bar ethics opinion holding that Florida lawyers should not communicate with non-Florida lawyers about Florida law matters – at least in an adversary situation where the non-Florida lawyer’s client did not also have Florida counsel.
JOINT FALL CLE MEETING TO BE HELD SEPTEMBER 30 - OCTOBER 2, 2004 IN BOSTON
The RPPT Section and the Section of Taxation will co-sponsor a Joint Fall CLE Meeting to be held September 30 - October 2, 2004 in Boston. Instead of conducting RPPT Section CLE at the ABA Annual Meeting, we have decided to collaborate, with more focused programming, with the Section of Taxation. We are very excited about this joint meeting and the opportunity it presents to enhance CLE for Section members. Join us in Boston, and take advantage of networking with the country's leading attorneys in the areas of real property, probate and trust and tax law. The meeting will include stand-alone real property and probate and trust CLE as well as joint programming with the Section of Taxation. Real Property topics that will be addressed include: commercial leasing, construction lending, NIMBYs and environmental issues, like-kind exchange issues, and title and zoning issues associated with places of worship. Probate and Trust programs will include: family limited partnerships, recent rulings and regulations, asset protection and bankruptcy, planning with retirement assets, and philanthropy and estate planning. For more details, visit www.abanet.org/rppt/2004 .
MORE STATES ADOPT RULES PERMITTING MULTIJURISDICTIONAL PRACTICE ("MJP")
Eleven states have now adopted professional conduct rules that are identical or very similar to ABA Model Rule 5.5, which permits lawyers licensed in other jurisdictions to practice law on a temporary basis in the authorizing state (AZ, CA, CO, DE, GA, ID, NC, NJ, NV, PA, and SD). The bar associations of 12 other states have recommendations before their states' highest courts to adopt rules that are identical or similar to Model Rule 5.5 (AR, FL, IL, IN, LA, MI, MN, MT, ND, NE, NY and SC). Four other states' MJP Study Committees have recommended adoption of rules identical or similar to Model Rule 5.5 (MD, OR, WA and WI), but the Connecticut Bar rejected such a proposal by the Connecticut MJP Study Committee. All of the remaining states have created committees to study the ABA's proposed model rules. For a more detailed analysis of the states' implementation of Model Rule 5.5, and the related proposals on choice of law for disciplinary authority, pro hoc vice admissions, admission by motion, foreign legal consultants and temporary practice by foreign lawyers, please see www.abanet.org/cpr/mjp-home .
UNAUTHORIZED PRACTICE OF LAW ("UPL") UPDATES
A North Carolina grand jury indicted two Atlanta lawyers and their firm for the unauthorized practice of law in North Carolina. In 2002, the lawyers and their firm conducted an investigation at Gardner-Webb University in North Carolina that involved allegations of NCAA rule violations. The firm stated that it represented the University and its Trustees, but in its defense, the firm also stated that the University's North Carolina counsel was available and present at all meetings to advise on issues of North Carolina law. For further information on this case and other developments in the UPL area, please see our UPL web site at www.abanet.org/rppt/upl .
JOIN A SECTION GROUP: SECTION INSTITUTES NEW POLICY ON GROUP MEMBERSHIP
Effective September 1, 2004 . Our Section is unique in that we are comprised of two divisions, real property and probate and trust. These divisions are broken down into high-level groups, and further broken down into issue-specific committees.Group activity provides much of the basis for our high quality educational programs and articles in our publications, Probate & Property Magazine and the Real Property, Probate & Trust Journal. Some of our groups work on legislative issues on the national as well as the state level.If you are a member of the Section, and do not belong to a group and/or committee, you are not taking full advantage of the opportunities afforded by the Section. Group membership is free of charge to all Section members.Once you sign up for a group, you may wish to then sign up for more specific subject matter committees within the group.These smaller committees are working bodies, while the larger groups accept members on an informational basis. The Section has over 100 committees involving over 3,000 of our members.For the complete Guide to Groups which includes group and committee descriptions; to sign up for a group; or if you have any questions, please visit our web site or contact Lora Lode at 312.988.5651
NEW CLASS OF FELLOWS
Members of the fellows class of 2004-06 are Stephanie Smith of Detroit, Michigan; Eric Mathis of Detroit, Michigan; Scott Lamb of Ashville, North Carolina; and Bill Houser of Rockwell, Texas. Appointments are for a period of two years. The section has designed the program to encourage participation in the Section's work by minorities by designating two of the fellowships for minorities.
Each fellow has been assigned to Section committees and will have a mentor to work with during his or her years as a fellow.For more information about the fellows program or nominations for next year's fellows class, please contact Steve Gorin at 314.552.6151 or email@example.com.
NATIONAL HEALTH CARE DECISIONS WEEK
Linda Whitton has continued the Section's significant outreach efforts to provide educational materials on health care decisions to state and local bar associations and community organizations. October 17-23, 2004 is the officially designated National Health Care Decisions Week this year. Registration forms are due by September 17, 2004.
Program details are located at www.abanet.org/rppt/nhcdw .The Health Care Decisions Committee has posted a Spanish version of its organ donor brochure titled "Un Legado de Vida" on its web site http://www.abanet.org/rppt/cmtes/pt/e3/hcdw/home.html .
SOME STATES ADOPT RULES REQUIRING LAWYERS TO REPORT MALPRACTICE INSURANCE COVERAGE
The Illinois Supreme Court recently announced a rule change requiring lawyers in Illinois to disclose in an annual registration form whether they carry malpractice insurance. The Illinois rule is consistent with the position announced in April by the ABA Standing Committee on Client Protection, which recommended that the ABA adopt a Model Court Rule requiring lawyers to disclose on their annual registration statements whether they carry professional liability insurance. Currently, five other states--Delaware, Michigan, Nebraska, North Carolina, and Virginia--require lawyers to disclose liability coverage information in their annual registration. Four others--Alaska, New Hampshire, Ohio, and South Dakota--mandate direct disclosure to clients if a lawyer does not maintain a minimum level of malpractice coverage. Oregon is the only state that mandates malpractice insurance as a condition of practicing law. See Oregon Rev. Stat. §9.080 Disclosure of Malpractice Insurance.
It is with regret that we say good-bye and good luck to Denise Kuminski, the Section’s CLE and Meetings Manager. She has organized some of the Section’s most successful meetings and we will miss her greatly, as she moves onto a new career.
BIOETHICS CLE SEMINAR: TAMPA, NOVEMBER 11
On November 11th, in advance of the Fall Council Meeting, the Section is co-sponsoring a Bioethics and Mold CLE Seminar with the Florida Bar.
Through case studies and panel discussion, the Mold program will provide an in-depth evaluation of mold issues for the transactional lawyer including a regulatory and guidance update; mold due diligence; assessment and remediation strategies (including advice for handling tenant concerns and remediation of occupied space); drafting issues (including forms); and managing mold claims and risks from the insurance company perspective.The Bioethics program will begin with a morning session focusing on issues involving termination of life support, with a significant focus on the case of Terry Schiavo, and the legislation enacted by Governor Bush to override the court decision to terminate her life support systems. The Governor’s counsel, the guardian ad litem and the attorney for the husband will all participate in the program. The afternoon session will include presentations regarding the implications of reproductive technologies and also organ and tissue donation issues.
SPRING MEETING MATERIALS
Materials from the RPPT Spring Symposia in Seattle are available at
September 9Real Property Legal Updateby Pat Randolph
Sept. 30 - Oct 2
Joint Fall CLE Meeting
Health and Welfare Benefit Plans
Washington, DCOctober 22Family MattersSheraton
2004 Compensation for
Executives & Directors
New York, New York
2004 ERISA Litigation
Mold CLE Seminar
Bioethics CLE Seminar
Tampa Airport Marriott