SPRING 2020 • VOL. 46, NO. 1 VERMONT BAR JOURNAL DEPARTMENTS 5 PRESIDENT’S COLUMN PURSUITS OF HAPPINESS 6 — Mike’s Garage: An Interview with Mike Kennedy RUMINATIONS 14 — Impeachment in Vermont WHAT’S NEW 20 — COVID-19 Updates 24 — Professional Responsibility and Coronavirus BE WELL 26 — Time for Holistic Spring Cleaning “Spring” by Jennifer Emens-Butler, Esq. 45 IN MEMORIAM 46 CLASSIFIEDS FEATURES 28 VBF Grantee Spotlight: WomenSafe Sarah Wilson, Esq. 29 Thank You for Supporting Pro Bono Services 30 Third Annual Martin Luther King, Jr. Poster Essay Contest for Middle School Students 31 Guidelines to Closing Your Practice Mark Bassingthwaighte, Esq. 33 The SECURE Act Changes How Beneficiaries Inherit Retirement Accounts Alison Sherman, Esq. 35 Paralegal Licensure is a Solution - Part 2 Dan Richardson, Esq. 38 Kosovo: International Criminal Justice in Slow Motion Judge Dean Pineles (ret.) www.vtbar.org THE VERMONT BAR JOURNAL • SPRING 2020 3 Advertisers Index VERMONT BAR JOURNAL ALPS ...................................................................................................8 Vol. 46, No. 1 Spring 2020 BCM Environmental & Land Law, PLLC ...........................................22 Berman & Simmons ..........................................................................33 The Vermont Bar Association Biggam Fox & Skinner ........................................................................4 35-37 Court St, PO Box 100 Caffry Law, PLLC ...............................................................................10 Montpelier, Vermont 05601-0100 802-223-2020 • 1-800-639-7036 Cleary Shahi & Aicher, P.C. ...............................................................21 Fax: 802-223-1573 Dinse ..................................................................................................7 E-Mail: jeb@vtbar.org Economic & Policy Resources ..........................................................16 On the Web: www.vtbar.org James A. 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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. Office Administrator Rebecca Wheeler Layout/Design Alicia Anthony Published four times a year by the Vermont Bar Association Subscription rates: 1 year $35. 2 years $65. Printed by Stillwater Graphics VBA assumes no responsibility for claims arising in connection with products or services advertised in the Vermont Bar Journal. 4 THE VERMONT BAR JOURNAL • SPRING 2020 www.vtbar.org by Elizabeth Novotny, Esq. PRESIDENT’S COLUMN Many years ago, I received performance ior, 42(4), 385–401). feedback from a supervisor. The feedback In a recent article by Susan Blakely Smith was positive so I was feeling pretty good. As (How Women Lawyers Are Perceived: The I was leaving, the supervisor offered one fi- Double Bind, October 2019, Ms. JD https:// nal thought: You might try to be more femi- ms-jd.org/) the author noted: nine. I stopped in my tracks because he had unintentionally just delivered a gut punch. I One female trial lawyer who is also managed to calmly ask him what he meant a former judge and prosecutor, ac- by that comment because I wore make-up, knowledges the double standard and jewelry, dresses and heels to work and in accepts the challenge. However, she court. He explained that some of the male also has the following advice for wom- lawyer/adversaries --the “shorter ones” he en lawyers in the courtroom: Wear noted--were intimidated by me. He posit- dresses, low heeled shoes, little to no ed that their reaction was due to my court jewelry, smile a lot but don’t appear to room presence, height and self-confidence. be laughing. He finished by explaining that he debated whether to share this with me but in the end In September 2018, Professor Lara Ba- opted to share in the event I wanted to in- zelon wrote an article published in the corporate the feedback to become a more Atlantic about this phenomenon enti- effective litigator. I, on the other hand, had tled What It Takes to Be a Trial Lawyer If absolutely no idea what to do with the ad- You’re Not a Man (https://www.theatlan- • Consult with experts to assist in im- vice because it was not really about being tic.com/magazine/archive/2018/09/female- proving the workplace culture particu- more feminine it was about making male lawyers-sexism-courtroom/565778/). Pro- larly as it may relate to implicit bias. adversaries feel less threatened and bet- fessor Bazelon interviewed female trial • Attend the VBA’s CLE series on Implic- ter about themselves. I told him that I can’t lawyers who expressed the many forms of it bias in our Profession or other simi- change who I am and noted that this was this double standard. The takeaway is that lar community discussions. Race is the more their issue than mine. A good intel- women lawyers spend a lot of time thinking next subject to be addressed in the lectual answer that belied the fact the “ad- about how to navigate these turbulent wa- VBA series on implicit bias (Mid-Year vice” dinged my confidence, raised some ters and in the end it always comes down to Meeting, March 27, 2020). self-doubt and just plain hurt. concocting the winning formula for how we • Review the American Bar Association There is a lot to unpack from that inci- should act or dress. website or read the Harvard Business dent which sadly was not an isolated one in This double standard has been the sub- Review for articles and other resources my 30 + year career. But for today, I simply ject of so many other studies and articles on this topic. offer it as an example of what I and other that I cannot dive into all of them here. Suf- women experience in our profession. While fice to say most female lawyers I’ve encoun- The science behind implicit bias suggests court room presence, confidence, com- tered know it exists. So, the results of the that we are apt to act on our unconscious mand and even well-placed emotion are of- recent Vermont Bar Association (VBA) and bias if we act in haste without taking a mo- ten regarded as positive qualities among Women’s Division Survey on Bias did not ment to be self-aware. We all need to take male trial lawyers, female trial lawyers ex- come as a surprise to me. a moment and check ourselves by question- hibiting the same behavior receive mixed Gender bias is identified as a problem ing what is really behind our reactions and reviews. Many women and notably female in our profession by 71 % (226) of the 343 judgement of colleagues. lawyers are keenly aware they are subject to VBA members (male and female) taking the We can also start changing our workplace a different standard: damned if you do and VBA Gender Bias survey. In addition: culture by recognizing that not everyone in damned if you don’t. If women are too as- • 80% (177/222) of women taking the the room looks like us or shares our life ex- sertive they run the risk of being perceived survey state that they had personally periences; by being sensitive to colleagues as strident and abrasive. If women are not experienced gender bias in the work- in the minority among the collective; by be- assertive enough they run risk of not being place or workplace setting. ing curious about what we are feeling about taken seriously or lacking command of their • Those experiencing bias attributed a colleague and where those feelings come work. it to a supervisor (52.9 %), opposing from; and by thinking about how to talk In a recent study using juries, the authors counsel (47.5 %), client (42.1 %), co- about bias in our workplace in a way every- concluded that female attorneys express- worker