RPPT Bulletin

September 2003

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 members up-to-date on the activities of the Section.

2003 Annual Meeting / CLE Program Materials Available On-Line

If you were unable to attend the Annual Meeting, program materials, both books and audio tapes, are listed online and can be ordered online at www.abanet.org/rppt/meetings_cle/annual2003/home.html.

The deadline for ordering the audio tapes is Friday, October 10, 2003. For tapes, please go to the above-mentioned web site and complete the order form with payment information and either mail or fax to the RPPT Section office at (312) 988-5262.


The Section's minority outreach program, initiated by Manny Halper, was a finalist for the 2003 SOC Meritorious Service Award. Congratulations to Manny, Barry Nekritz, Sid Saltz and so many other Section members and Section staff that have contributed to the success of the program.

The Section sponsored its 4th Annual networking reception and diversity luncheon in San Francisco. Panelists included Robert J. Grey, president-elect of the ABA, David K.Y. Tang, a former Section chair, and Laura Farber, the immediate past chair of the Young Lawyers Division. Thanks to Antonette Smith for her hard work in organizing this annual event, and to Elwood Cahill, Jo An Engelhardt, and Spud Rick, and the rest of the Diversity Committee for their efforts.

Minority Outreach Program -

Real Estate II

The second session of the Minority Outreach Program will cover the areas listed in the calendar, www.abanet.org/rppt/minority, but will also have a common thread of representing a developer in a mixed use project which has condominiums, affordable housing, retail and office as it components.

All sessions are free, you do not need to be an ABA or RPPT member to attend. All sessions will take place at the American Bar Center in Chicago.

To register, go to www.abanet.org/rppt/minority.

For more information, please contact Antonette Smith at ASmith4@staff.abanet.org, or (312)988.5260.

House of Delegates

Dennis Archer of Detroit took office as the new President of the ABA, and Robert J. Grey, of Richmond, Virginia became the President-Elect. The House passed the report of the Task Force on the Model Definition of the Practice of Law urging the states to adopt a definition of the practice of law and determine who may practice law and under what circumstances. The Section has been involved in this project from the start.

Corporate Responsibility

The most controversial measures taken up by the House involved the resolutions proposed by the Task Force on Corporate Responsibility and co-sponsored by the Section . The first of these proposals amended Model Rule 1.6(b) to permit a lawyer to reveal information relating to the representation of a client who uses the lawyer's services to commit a

crime or fraud to prevent substantial injury to the financial interests or property of another. The second proposal, amended Model Rule 1.13 to require the lawyer for an organizational client to report certain violations up the chain of command to higher organizational authority in certain circumstances, and even report outside of the entity to prevent substantial injury to the organization. The last proposal adopted various corporate governance policies and practices. All of these proposals passed. The Section is indebted to Kevin Shepherd for his leadership in these matters.

Family Farm Preservation Project

The Section has become cognizant of the loss of family farms, and particularly minority family farms, due to the passage of title into fractional interests that are then purchased and used to partition the farm property. The Section intends to form a task force to collaborate Section efforts with the National Bar Association and other bar associations to lend our technical expertise to the preservation of family farms, and to work with NCCUSL to explore possible uniform laws to protect family farm interests. Section members interested in participating in these efforts should contact: Kevin Shepherd at(410) 244-7772 or klshepherd@venable.com; Christine Albright at (312) 558-5585 or calbrigh@winston.com; or Jay Zschau at (727) 461-1818 or jayz@jbpfirm.com.

Update on State's Adoption of MJP Reforms

The ABA's 2002 revision of Model Rule 5.5 on multi-jurisdictional practice and the related amendments to Model Rule 8.5 on disciplinary authority in cases of cross-border practice have now been accepted in form identical or substantially similar to the 2002 Model Rule Revisions by the highest courts in Colorado, Delaware, Nevada, and North Carolina and have been recommended for approval by the bar associations of Arizona, California, Georgia, Illinois, Louisiana, Minnesota, New Jersey, New York, North Dakota, South Carolina and South Dakota.

National Health Care Decisions Week Initiative Expands Outreach

Program materials are available from the Section office for bar associations interested in hosting community education sessions on health care advance directives and organ and tissue donation. Now in its fourth year, the National Health Care Decisions Week initiative has expanded outreach efforts by welcoming the National Bar Association and the National Medical Association as co-sponsors.

Since the inception of National Health Care Decisions Week in 2000, over 60 bar associations have partnered with local medical organizations to educate thousands of people about end-of-life health care decisions. Many participating associations have also assisted the public with preparation of advance directives and donation declarations. At the Spring meeting in New York City, a special commendation was presented to the Section on behalf of Tommy G. Thompson, Secretary of the U.S. Department of Health and Human Services, for leadership in spearheading National Health Care Decisions Week.

October 19-25, 2003 is the officially designated National Health Care Decisions Week this year, but bar associations can participate by hosting programs any time during the calendar year. Through grant support from the Health Resources and Services Administration, sponsoring associations are entitled to reimbursement of up to $500 in direct costs for each program hosted. For more information, contact Anne Hoenig at (312) 988-5590 or ahoenig@staff.abanet.org.

With grant support from the ACTEC Foundation, the Section has just reproduced its organ and tissue donation brochure, A Legacy for Life, in Spanish. Copies of this brochure are available at no charge to Section members as well as to bar associations participating in National Health Care Decisions Week. To request copies, please contact Anne Hoenig at (312) 988-5590 or ahoenig@staff.abanet.org.

For more information, visit www.abanet.org/rppt/cmtes/pt/e3/hcdw/home.html.

Model Definition of the Practice of Law

Roger Winston, Sid Saltz, and Alan Rothschild have submitted Section comments to the initial recommendations of the ABA Task Force on the Model Definition of the Practice of Law. As a result of the opposition voiced by our Section and other groups, the Task Force finally recommended in its report to the ABA House of Delegates (and the House adopted such report) that the separate states can adopt a model definition of law and determine who may practice law and under what circumstances. The Section will actively monitor developments in the states as these definitions are promulgated.

Uniform Laws

The Uniform Environmental Covenants Act has passed NCCUSL and will now be considered by the States. The first reading of the Uniform Act on Mortgage Satisfactions has occurred. A drafting committee has been formed for uniform assignment of rents and receivership statutes. A current listing of model laws under consideration by NCCUSL can be found at www.abanet.org/rppt/cmtes/rp/a5/home.html.

USA Patriot Act and Real Estate Transactions

As noted in the last Bulletin, the Section has submitted extensive comments to the Treasury Department in regard to the Department's proposed rule-making on the phrase, "persons involved in real estate closings and settlements," which is an activity defined as a "financial institution" required by the Act to establish anti-money laundering programs which Section representatives Kevin Shepherd and Mark Mehlman will be meeting with representatives of the Financial Crimes Enforcement Network in September to discuss our Section's view.

Looking for Contributing Editors

Anyone interested in serving as a contributing editor for the "Keeping Current - Real Property" column in the Probate & Property magazine, please contact Ed Brading at ebrading@lawyerfirm.com.

Upcoming Events

September 23

Catching Up with the New 401(k) Regulations



October 2-3

Catching Up with the New 401(k) Regulations

Washington, DC


October 7

Learning From The Big Guys: HIPAA Privacy Lessons For Group Health Plans



November 6-7

Compensations for Executives & Directors

New York, NY


November 13-15

ERISA Litigation

Chicago, IL


May 12-14, 2004

15th Annual RPPT Spring CLE and Council Meeting

Grand Hyatt

Seattle, WA

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