Summer 2004
FEATURES
Trust Account Ethics Rules: Sensible, Bizarre, or a
Combination? .
. . Kohn
“This article was prompted by Advisory Ethics Opinion No. 2002-4 of the Vermont Bar Association Professional Responsibility Committee (hereinafter “VBA Ethics Opinion 2002-4”) which drew into question the way many lawyers in the state have been dealing with their trust accounts. The purpose of this article is to examine the important issue of when funds deposited in a lawyer’s trust account can ethically be disbursed.”
A Commentary on the Permit Reform Bill .
. .
“On May 13, 2004, Governor Douglas signed a permit reform bill implementing broad procedural changes for all permit programs and many substantive changes to municipal zoning. Except as noted below, the changes appear to be effective July 1, 2004. This article summarizes its main provisions.”
Access to Justice: Unbundling Legal Services.. . Garrett
“I believe I first heard the term “unbundled” applied to legal services about five years ago. Like all jargon the phrase “unbundled legal services” sounded new and intriguing. Once I figured out what it was, however, I realized that it was not new at all. Law Line, like many other individual attorneys and law firms, was unbundling before we knew what the word meant. In fact, “unbundled legal services,” also described as “discrete task representation” or “limited scope legal assistance,” although probably more frequent than a decade ago, has been around for a long time.”
A Lawyer’s Guide to Cross-Cultural Depositions.
. . Ivanichvili
“This article discusses the use of professional interpreters in cross-cultural depositions, and provides tips for depositions involving non-English-speaking deponents.”
The Significance of the Federal Residential Lead-Based Paint
Regulations . . . Reibstein
“State rules
concerning lead also require disclosure of information about lead in
residences. But states also have, and
have used, the health department authority to require lead hazard abatement,
when warranted. The federal agencies
have not been given this authority.
Except within certain limited contexts, the federal agencies cannot
order lead-based paint hazard abatement.
This means that the agencies must use their penalty deterrent to ensure
that disclosure during transactions, and the new pre-renovation notification
activities, are performed.”
“May I Have My Electronic Discovery in Paper Please?” Lawyers
Inch Their Way Toward a Paperless Practice . . . Nelson/Simek
“Legal technology
commentators wring their hands in frustration and ask: Why have lawyers been so
slow to abandon paper in favor of the electronic world? How can we get them there?”
2004 VBA Essay Contest Winners. . . Ryan/Newland
DEPARTMENTS
President's
Column. . . Saxman
“Law, science and technology are increasingly intertwined. In virtually every type of practice, from real estate and personal injury to divorce and criminal law, lawyers must learn applicable science and hire a variety of experts. Sometimes, the law lags behind the new developments of science and it takes a few years for us to catch up. As science evolves, law must keep pace.”
From the
Executive Director . . . Paolini
“The VBA has changed and grown during the past few years. This growth is a sign of a healthy and energetic association. Membership is increasing, attendance at meetings has increased, and the services we can provide to you keep improving are expanding. Growth and improvement happen one member at a time. An association lives on the active participation of its members. For the VBA to be successful, each of you needs to get involved. Each of you plays a vital role in maintaining the overall health of the VBA.”
From the Bench:
Civility as a Tool of Persuasion . . Cashman
“All of my working life, beginning in 1965, I have watched lawyers. I have looked for the good lawyers, the successful techniques, the styles that seem to win consistently in the long run. I have concluded that intelligence is important, but not as important as preparation. Preparation is important, but not as important has having a good case. Having a good case is important, but not as important as the ability to communicate effectively. The essence of effective communication is civility. Here is what I have learned to date.”
Ruminations: Isaac Fletcher Redfield and the Weight of
Responsibility . . . Gillies
“Standing before that tomb, I think I feel the ground
tremble, just a little. Here lies the
Great Redfield, whose mind left a major impression on the development of
Yankee Justice:
Tom Kenney Reflections on Changes in Practicing Law in
“I’m a young, 52-year-old lawyer
who came to
Book Review One: The Redbook: A Manual on Legal Style.. .
Book Review Two: The Divorce Trial Manual: From Initial
Interview to Closing Argument. . .