2015-2016 Section and Divisions Annual Report |
DISPUTE RESOLUTION SECTION By : Emily Gould and Richard Hecht , Esqs . The Dispute Resolution Section outdid itself by providing 16.5 hours of CLE this past year . Following our tradition of collaborating with other sections , we teamed this year with the Family Section to create a full day CLE on Divorce Mediation . Our big innovation was to have an entire DR track at both the fall and spring VBA meetings . We were thrilled that our CLE on mediation in VT was standing room only and drew more participants than any other single subject presentation during its time-slot . We drew over 50 participants at each segment . We are so pleased to see the overwhelming interest in mediation in the Bar .
Our experience last year bore out a similar interest in the Judiciary and administration . Our section was invited to make recommendations to a legislative study committee on the CHINS cases on how mediation could be used to create better outcomes with less burden on the courts . We were pleased to see the receptivity among the stakeholders to dispute resolution applications in this area of the law and we welcome the opportunity to continue to serve in an advisory capacity to the judiciary and administration on these matters .
We were also proud to participate in the Joint Commission on the Future of the Legal Profession . While we were discouraged with the omission of ADR in the Commission ’ s report , our section hopes to continue to support the legal system create better outcomes more quickly with fewer resources through new applications of interest – based dispute resolution .
ELDER LAW SECTION By : Glenn Jarrett , Esq .
The Elder Law Section is co-sponsoring a Vermont-NAELA Summit on ” TRUST CODE GROWING PAINS : What We Have Learned in 7 Years ” which has great speakers and will be very informative .
Two representatives of the Elder Law Section are presenting a program entitled “ What you really need to know about Elder Law ” at the VBA Annual Meeting in October . There will be discussions aimed at transactional attorneys , personal injury attorneys , workers ’ comp attorneys and a discussion of Medicaid planning .
ENVIRONMENTAL LAW SECTION By : Gerald Tarrant , Esq .
This year the Environmental Law Section focused on legislative initiatives . We have evaluated the various Environmental and public utility ( renewable energy ) bills that were adopted in the 2016 session . Currently , the Section is discussing ideas for ways to improve the administrative and judicial processes utilized by our members . We work to implement public policy and protect
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public resources while allowing development to occur . With a new Administration and perhaps several new members of the Legislature , along with a dialogue with practitioners on their practice goals and concerns , we will hopefully prepare better for the next Legislative Session .
The Environmental Law Section put on a CLE entitled Spring Cleaning , Environmental Style in May , with a star-studded cast of judges and lawyers discussing hot topics like stormwater regulations , carbon pricing and net metering , and which also included presenters from the ANR , NRB and DPS . Section members also contributed to the successful Ag Law Day CLE in early summer .
FAMILY LAW SECTION By : Patricia Benelli
The Family Law Section has been busy this year planning and presenting CLE programs . In May , the Family Law Section and the Alternative Dispute Resolution Section combined forces to put on a day-long seminar dedicated to mediation . Interest in this subject is strong , because new V . R . F . P . 18 allows courts to mandate mediation in most divorce and parentage cases , a rule which is making substantial changes in the way many of these cases are handled . The Section is also putting on a family law track at the VBA meeting in October . This will include the usual year-in-review of family law cases , legislation and court rules , as well as seminars on alimony reform , adoption and foster parenting , and the intersection of divorce and taxation .
The family law listserv has been extremely active in this past year . It has been host to many lively discussions of family law issues and ongoing help and advice for practitioners . Participation in the listserv among both seasoned and new attorneys is high , and it is proving to be a very useful practice aid .
Several section members have also traveled to Montpelier to testify before various Vermont Senate and House committees on pending legislation concerning family law issues . Family law is evolving rapidly , and more such testimony is expected in the coming session .
FEE ARBITRATION SECTION By : Catherine Clark , Esq .
Throughout the year , the Section has had several calls and complaints from clients about fee disputes , but none had gone forward with the process where the attorneys had declined to engage . The Section has received no calls from attorneys wanting arbitration with a client , although a dispute between attorneys regarding a contingent fee was raised , but never fully pursued .
The underlying theme of all of the calls are clients that are not kept informed about
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what the lawyer is doing , and then are surprised when the bill comes . The Section advises that if attorneys want to get paid , always make sure the client knows about all the phone calls , memos , letters , emails , pleadings , research and expenses as they occur , and send out bills each month itemizing everything . Then the client can see exactly what they are being billed for .
GOVERNMENT AND NON-PROFIT DIVISION
This year the section plans to survey its members to determine what programs or activities might be of interest for the coming year . In addition , increasing membership in the bar association among governmental and non-profit lawyers remains a priority . If anyone has ideas or suggestions , please contact Jim Porter at james . porter @ vermont . gov .
HEALTH LAW SECTION By : Drew Kervick and Elizabeth Wohl , Esqs .
At the September 2015 Annual Meeting , Section Co-Chair Drew Kervick moderated a panel on Health Care Reform and Regulation in Vermont . The panel featured Tom Huebner , President of Rutland Regional Medical Center , Mike Donofrio , General Counsel for the Green Mountain Care Board , Robin Lunge , Director of Health Care Reform for the State of Vermont , Rebecca Heintz , Associate General Counsel for Blue Cross Blue Shield of Vermont and Kaili Kuiper , Staff Attorney for the Office of Health Care Advocate . The discussion covered wide ranging topics relating from several different perspectives , and was wellreceived by attendees .
This coming annual meeting will feature a presentation focused on physician employment agreements , presented by Jon Rose of Dunkiel Saunders Elliott Raubvogel & Hand PLLC and Heather Wright of WrightJones , PLC .
For the upcoming year , the Health Law Section looks forward to organizing additional panels and seminars focused on health law . We are also exploring opportunities to co-sponsor health law programs with health care provider organizations around the state . Stay tuned !
For those who are interested in getting more involved with the Health Law Section or who have health law presentation or other ideas , feel free to contact Drew Kervick at dkervick @ dunkielsaunders . com or Elizabeth Wohl at ewohl @ drm . com .
IMMIGRATION LAW SECTION By : Sidney Collier , Esq .
This year , two members of the Immigration Law Section participated in a VBA seminar on US-Canada transactions that was organized by the International Law Section . For the upcoming year , we are in
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