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Justice Beth Robinson: a Paragon of Good Legal Writing WINTER 2019 • VOL. 45, NO. 4 VERMONT BAR JOURNAL DEPARTMENTS 5 PRESIDENT’S COLUMN PURSUITS OF HAPPINESS 6 — Adventures in Cycling: An Interview with Ben Marks RUMINATIONS 14 — Justice Robert Larrow and His Legacy WRITE ON 24 — Justice Beth Robinson: A Paragon of Good Legal Writing WHAT’S NEW 30 — An Interview with Carl Lisman, President of the ULC 33 — The Vermont Legal Food Hub “Montpelier Morning” by Jennifer Emens-Butler, Esq. BE WELL 37 — Is it Possible to Do Less to Achieve More? 51 BOOK REVIEWS 54 IN MEMORIAM 54 CLASSIFIEDS FEATURES 39 Economic Impacts of Civil Legal Assistance Programs in Vermont Dan Richardson, Esq. 41 The Ins and Outs of Tail Coverage Mark Bassingthwaighte, Esq. 43 Civil Case Mediation: A Practical Guide James W. Spink, Esq. 46 Pro Bono Award Winner Anne Day, Esq. Mary Ashcroft, Esq. 47 Pro Bono Award Winner Ian Carleton, Esq. Mary Ashcroft, Esq. 49 Paralegal Licensure is a Solution ® ® Carie Tarte, RP , Lucia White, CP, Corinne Deering, RP www.vtbar.org THE VERMONT BAR JOURNAL • WINTER 2019 3 Advertisers Index VERMONT BAR JOURNAL ALPS .................................................................................................12 Vol. 45, No. 4 Winter 2019 BCM Environmental & Land Law, PLLC .............................................8 Berman & Simmons ..........................................................................34 The Vermont Bar Association Biggam Fox & Skinner ........................................................................4 35-37 Court St, PO Box 100 Caffry Law, PLLC ...............................................................................36 Montpelier, Vermont 05601-0100 802-223-2020 • 1-800-639-7036 Cleary Shahi & Aicher, P.C. ...............................................................17 Fax: 802-223-1573 Dinse ................................................................................................13 E-Mail: [email protected] Economic & Policy Resources ..........................................................27 On the Web: www.vtbar.org James A. Johnson, Jr. .......................................................................27 President Law Pay ..............................................................................................7 Elizabeth Novotny Lawyers Assistance Program ............................................................23 Past President Leighton Detora ...............................................................................22 Gary L. Franklin Marks Powers LLP ............................................................................21 National Academy of Distinguished Neutrals ..................................11 Secretary Edward J. Tyler III Northeast Delta Dental ....................................................................22 Preferred Properties ...........................................................................5 Treasurer Primmer Piper Eggleston & Cramer PC .................Inside Front Cover Matthew F. Valerio TCi Technology Consultants, Inc. ............................Inside Back Cover Board of Managers Teamswork ........................................................................................25 Katelyn Atwood Trust Company of Vermont ............................................... Back Cover David Carpenter Amy E. Davis Unsworth LaPlante, PLLC .................................................................19 Joshua Diamond VBA Legal Connect ..........................................................................37 Judith L. Dillon Vermont Attorneys Title Corporation ................................................9 Hon. Thomas S. Durkin Robert E. Fletcher Vermont Trial Lawyers ......................................................................15 Elizabeth Kruska Andrew Manitsky To advertise in the Journal, call Lisa Maxfield at 802.223.2020 James Rodgers Charles Romeo Ben Traverse Executive Director Therese M. Corsones, Esq. Director of Education & Communication Jennifer Emens-Butler, Esq. CFO / Member Benefits Lisa M. Maxfield Programs Coordinator Laura Welcome Lawyer Referral Service/Membership Michelle Abajian Legal Access Coordinator Mary C. Ashcroft, Esq. Layout/Design Alicia Anthony Published four times a year by the Vermont Bar Association Subscription rates: 1 year $35. 2 years $65. Printed by L Brown & Sons Printing, Inc. VBA assumes no responsibility for claims arising in connection with products or services advertised in the Vermont Bar Journal. 4 THE VERMONT BAR JOURNAL • WINTER 2019 www.vtbar.org by Elizabeth Novotny, Esq. PRESIDENT’S COLUMN In my remarks at the VBA annual meet- planning the 100 year anniversary of the ing in September, I committed to elevating 19th Amendment. our profession, connecting the VBA to our broader community and celebrating Ver- • The VBA contacted presidents of mont attorneys for their dedication to Ver- the county bar associations seek- monters and the cause of justice. I’d like to ing recommendations and input use this column to share our progress since on what social or business groups I that meeting. should meet with to discuss the vir- tue of our profession and Vermont • In 2020, the VBA will sponsor 4-5 re- lawyers. Please contact me if you gional public forums to discuss pro- have an organization in your com- posed amendments to the Vermont munity that you would like me to ad- Constitution. I will have the privi- dress. lege of facilitating a panel of legis- lators, constitutional legal experts, • To highlight your good deeds and and perhaps historians as they talk valuable contributions to the Ver- about the process and history of mont community, I plan to submit an amending the Vermont constitution article to the media about Vermont and their interpretation of the scope lawyers and their value. and effect of the amendments. We plan on recording this event where • In order to establish the VBA mem- a moment to consider something you did we will invite audience participation. bership as the resource for provid- that you are proud of or that made you The video will be posted on the VBA ing background on current events, feel good about yourself personally or pro- website for any member or member and at the same time showcase our fessionally. Taking the time to reflect on a of public who is unable to attend. membership’s legal acumen, the moment where you were your best self or VBA will maintain a “go to” list of performed some an act of kindness or ser- • In order to promote civics in our members the media can contact for vice to others is an easy wellness exercise schools, I have asked the VBA Board legal background on articles and to practice, yet one you likely practice the to create an annual VBA Civics stories. The VBA will also offer a CLE least. Do it just once and I guarantee you award and name the award in hon- on how to deal with media inquiries. will feel better as a result. or of a person whose work or deeds Please contact Communication Di- exemplify civic duty. This gives the rector Jennifer Emens-Butler if you With deep gratitude, VBA an opportunity to elevate val- are interested. ues inherent in civic duty while hon- Beth oring the deserving recipient of the I hope you are satisfied with the VBA ef- award. forts to date and thank you for the oppor- tunity to serve your interests. None of our • In an effort to strengthen our con- efforts to date could be achieved without nection to the youth in our commu- the talented and hard- working VBA staff. nities, the VBA will collaborate on So, thank you Teri, Lisa, Jennifer, Michelle, an education/civics program that Mary and Laura. will help connect Vermont lawyers And as a final thought on this snowy with students in our Vermont class- December afternoon, during this upcom- rooms. VBA Executive Director, Teri ing year, as often as possible, please take Corsones, is reaching out to Ver- mont social studies teachers regard- ing legal and civics topics of inter- est. The VBA will provide the topic materials to VBA members interest- ed in talking to a class. Our goal is to make it easy for interested law- yers to spend an hour in a Vermont classroom and, by doing so, pro- mote our profession and generate an interest in civics. • As part of our commitment to partner with non-legal community orga- nizations, the VBA joined an alliance of Vermont organizations developing and www.vtbar.org THE VERMONT BAR JOURNAL • WINTER 2019 5 PURSUITS OF HAPPINESS Adventures in Cycling: An Interview with Ben Marks JEB: I’m here speaking with Ben Marks JEB: Funny, I can see that happening. who has been nominated by Paula McCann Whenever I’m somewhere with my hus- to be interviewed for our Pursuits of Happi- band and he sees a couple of cyclists with ness column. Ben, as you may know, I inter- all their gear, he is somehow compelled to view people for the journal who have pas- ask them where they are going or about sions and talents outside of the practice of their adventure. It must happen to you a law. Before we get to the meat of your ad- lot. venture last summer, let me find out where BM: Yes it does. One of my favorite parts your interest in cycling started. of doing these trips is getting a different BM: Well, I started bicycle touring at a look at the countryside and towns along young age. Instead of going to summer the way from a perspective you just can’t camps or other expensive adventures out get from a car or certainly from a plane, of state, I embarked on a New England ad- and how often I meet people without that venture with a couple of friends when I was barrier. I get more insight
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