RPPT Bulletin

September 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.

Your Section at Work
Kevin Shepherd represents the Section on the ABA's Task Force on Gatekeeper Regulation and the Profession. The Task Force is charged with analyzing the broad implications of efforts to thwart international money laundering and the impact those efforts could have on attorney-client relationships. The Task Force has issued comments seeking to insulate lawyers from unknowing liability for money laundering and terrorist financing and to safeguard client confidences. An article on the Gatekeeper Initiative, authored by Kevin, appeared in the September/October issue of Probate and Property.

Aurora Austriaco, Chair of the Single Family Residential Committee, is monitoring the impact of HUD's proposed reform of RESPA on real estate practitioners.

Barry Nekritz and Sid Saltz have launched the Section's Chicago Minority Real Estate Education Program and anticipate sharing their real estate expertise with approximately forty (40) young lawyers in the Chicago area. The Program is patterned after Manny Halper's Minority Real Estate Education Program in the New York City area.

Law Reform
The Section continues to maintain its leadership role in law reform. The Joint Editorial Board (JEB) for Real Property Acts has recommended four new acts to the National Conference of Commissioners on Uniform State Laws. NCCUSL has responded favorably to these recommendations by announcing that a Drafting Committee will be appointed for the Uniform Electronic Recording Act, and that committees will be appointed to study the need for Uniform Acts relating to the assignment of rents to lenders, and the discharge of mortgages.

Additionally, NCCUSL will conduct an internal study on the need for a Uniform Act relating to predatory lending practices.

The Section is represented on the JEB by Shannon J. Skinner of Seattle and Ray Werner of Chicago. Barry Nekritz of Chicago and Tom Geu of the University of South Dakota, have for some time been active in the revisions to the Revised Uniform Limited Partnership Act, and together with other Section representatives will be active in a major undertaking by NCCUSL to create for business entity law and practice what the Uniform Commercial Code is to commercial transactions. This long-term project will have the benefit of Section input for many years to come. Barry and Tom are also the Section Advisors to the drafting Committee for the Uniform Mergers and Conversions Act.

Multijurisdictional Practice
With surprisingly little controversy or modification, the ABA House of Delegates approved all nine recommendations of the ABA Commission on Multijurisdictional Practice. The changes to Model Rule 5.5 adopted by the House 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 proceedings, 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. Officers of the Section have testified before the Commission in support of the modifications and have coordinated the Section's efforts with other sections and standing committees within the ABA. For a complete copy of the final rule changes, please visit the Commission's Web site: www.abanet.org/cpr/mjp-home.html .

CLE Reaches Out!
As a supplement to the live CLE programs offered at the Section's Spring and Annual Meetings, the Section is offering an increasing number of programs through alternative delivery formats including live teleconferences, web broadcasts, audiotapes and videotapes. These programs qualify for CLE credit in many jurisdictions.

The Probate Division will present a live teleconference on the minimum required distribution rules that apply to individual qualified plan accounts and IRAs, featuring Lou Mezzullo and Virginia Coleman, on October 24th at 1:00 p.m. EST. Registration information is available at http://www.abanet.org/cle/programs/t02mmd1.html . Many of the Section's prior teleconferences, such as the Real Property Division's Recent Developments Program, including Pat Randolph's Top Ten Financial Summary, can be replayed as web casts, and are available on audiotape or videotape. Further information is available at http://www.abanet.org/rppt/meetings_cle/home.html . Finally, many of the programs presented at the Section's live CLE meetings have been captured on audiotape or videotape and are available.

Estate Planning Resource for General Public on Section Web site
Take a minute of your time and go to the Section's Public Information Web site on Estate Planning Answers. Most of us have clients and friends who want to read about estate planning. The Section's public information Web site (designed specifically for the general public to read and understand) covers such questions as
1. What is estate planning?
2. What happens if you die without a will?
3. What a Will does and does not do?
4. What is a Revocable Living Trust?
5. What is probate and should I avoid it?

These and other questions about powers of attorney, health care proxies, advance care directives and planning for retirement benefits are covered in a general manner designed to be helpful to the general public. Take a look at this interesting page at http://www.abanet.org/rppt/public/home.html . Many thanks to the Probate and Trust A-3 Committee "Public Information and Web Content" for its work in this area. Be sure to contact the Committee Chairs at http://www.abanet.org/rppt/cmtes/pt/a3/home.html if you are interested in this committee and its work.

New Books

Third-Party and Self-Created Trusts, by Clifton B. Kruse, Jr.

This unique guide will help you understand and draft trusts that ensure the beneficiary is not disqualified from receiving government benefits, maximizes the impact of the language you can use in wills and trusts, and assists you in determining which trust will be most effective for your client. The author includes sample forms and language that reflect the most current rulings.

Upcoming Events


October 24- 25
Health and Welfare Benefit Plans
Washington, D.C.

November 14 - 15
ERISA Litigation
Chicago, IL


January 24
Co-sponsorship of Hospitality Law Program
Houston, TX

April 2 - 6,
14th Annual Spring Meeting at Waldorf-Astoria Hotel in New York City.

May 29 - 30
Thirteenth Annual Charitable Giving Techniques Program
Le Meridian Hotel, Chicago

July 10 - 12
Estate Planning for the Family Business Owner
Boston, MA

August 7 - 13
ABA Annual Meeting
San Francisco, CA

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