RPPT Bulletin

July 2002

Download the pdf version of the bulletin (click here)

The RPPT Bulletin is emailed out on a bi-monthly basis to all Section members to keep up-to-date on the activities of the Section.

Law School Property Courses.
The Section Leadership is interested in exploring trends in the teaching of property courses and real estate transactions in law schools. Anecdotal evidence seems to suggest that property courses are either being discontinued or more frequently taught by adjunct professors. Consideration is being given to surveying law schools and legal literature to determine the frequency of property courses being taught by adjunct professors and the benefits and detriments of that trend.

Electronic Recording Act.
The Section Council has approved a resolution favoring the establishment of a uniform enabling law regarding the electronic recording of real estate documents. It is expected that the National Conference of Commissioners on Uniform State Laws will appoint a drafting committee for this act. The Section’s action puts it in the forefront of this pending change in the way in which real estate transactions will be handled in the years to come.

Multijurisdictional Practice.
The ABA’s Commission on Multijurisdictional Practice issued its final report and recommendations to the House of Delegates on May 17, 2002. The report and recommendations will be acted upon by the House when it meets in August. The report and recommendations represent a huge step toward resolving the long-time and often controversial issue of when a lawyer can represent a client beyond the borders of the attorney’s state of licensure and legitimizing the multijurisdictional practice that our clients expect, desire and demand from us.

Specifically, the Commission recommends that the ABA adopt modifications to Model Rule 5.5 that would identify circumstances in which a lawyer who is admitted in a United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may practice law on a temporary basis in another jurisdiction, including: (a) work on a temporary basis in association with a lawyer admitted to practice law in the jurisdiction, who actively participates in the representation, (b) services ancillary to pending or prospective litigation or administrative proceedings in a state where the lawyer is admitted or expects to be admitted pro hac vice or is otherwise authorized to appear, (c) representing clients in or ancillary to alternative dispute resolution settings, such as arbitration and mediation, and (d) non-litigation work that arises out of or is reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice.

The RPPT Section has played a major role in advocating these changes on behalf of our members. Officers of the Section have testified before the Commission and coordinated the Section’s activities with other sections within the ABA. The Section’s MJP Committee has prepared numerous written submissions to the Commission in support of the recommendations that now appear in the final report. For a complete copy of the Commission’s final report, please visit the Commission’s Web site: http://www.abanet.org/cpr/mjp-home.html

PROPOSED SPLIT DOLLAR REGULATIONS RELEASED! After years of relative quiet and stability, the IRS has been very active in the tax issues concerning split dollar insurance arrangements. Notices 2001-10 and 2002-8 were issued in 2001 and 2002, with members of the Section participating in comments with respect thereto


Treasury has now released Proposed Regulations in this area which may be found at http://www.irs.gov/pub/irs-regs/16475401.pdf.

The RPPT Section and the Section of Taxation have formed a task force to prepare comments on the proposed legislation.

Section Committee Reorganization. During this past bar year, the leadership

from each of the Section's Divisions worked hard to reorganize their committees. This reorganization resulted in the merging of several

committees in both divisions, splitting of a committee into two or more new committees and the addition of a few new committees in the Real Property

Division. If you are currently a member of a committee that has been merged, you should have received notice of your new committee assignment.

If you have not, you will in the very near future. If you are a Section member and you do not belong to any committees, there has never been a better time to join. We are currently updating the Section Web site to reflect the new committee structure. If you have questions on any of our committees, please contact Antonette Smith at 312/988-5260 or asmith4@staff.abanet.org.


New Class of Fellows. Members of the fellows class of 2002-03 are Denise M. Brunson of Lancaster, Pennsylvania; Amy J. Mendelsohn of Harrisburg, Pennsylvania; Suzanne K. Chung, of Chicago, Illinois; and Phoebe Roaf of New Orleans, Louisiana.

The fellows will participate in the Section's young lawyer fellowship program, designed to give active members of the ABA Young Lawyers Division an opportunity to become involved in the substantive work of the section while developing future Section leaders and enhancing knowledge about the work of the Section among members of the Young Lawyers Division.

Each fellow has been assigned to Section committees and will have a mentor to work with during his or her years as a fellow. Each fellow will also work with their mentor to produce a significant written work for the Section magazine or journal.

For more information about the fellows program or nominations for next year's fellows class, please contact Andrew F. Palmieri at 703/837-6976 or afpalmieri@vssp.com.



July 8 - 12, 2002

Skills Training for Estate Planners - Session 1

ALI-ABA course

Emory University, Atlanta, GA

July 29 - August 2

Skills Training for Estate Planners - Session 2

ALI-ABA course

Emory University, Atlanta, GA

August 1 - 3

Estate Planning for the Family Business Owner

ALI-ABA course

Loews Coronado Bay Resort,

San Diego, CA.

August 9 - 11, 2002 — Annual Business and CLE Meeting at Capitol Hilton in Washington, D.C. Note the reduced annual meeting registration of $150 passport charge for combined RPPT, Business and International Law CLE ($100 for YLD and government members). This is a substantial reduction from last year’s combined costs (down from $350 in 2001).

YOU STILL HAVE TIME TO REGISTER. Register onsite at the Marriott Wardman Park, beginning August 8th.

For RPPT Section events and the CLE passport, visit the Section Web site, http://www.abanet.org/rppt/2002 or call 312/988-5824.

October 24- 25

Health and Welfare Benefit Plans

Washington, D.C.

November 14 - 15

ERISA Litigation

Chicago, IL

April 2 - 6, 2003 — 14th Annual Spring Meeting at Waldorf-Astoria Hotel in New York City. More information will follow!

May 29 - 30, 2003

Thirteenth Annual Charitable Giving Techniques Program

Le Meridian Hotel, Chicago


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