Vermont Bar Association

Note: Programs with an asterisk (*) qualify for 1st-year credits - Rules 12(a)(1) and 15(c )

Friday, September 29th

8:30am - 10:00am: Tools to Become a Super Lawyer: Less Stressed and More Focused and Productive (1.5 Wellness MCLE)

In this workshop you will learn and experience the effects of both Stress and Mindfulness on your bodies and minds. You will also learn and apply many different mindful practices (breath awareness, mindful movement, and other present-moment awareness practices) that every participant will be able to take with them into the world. Mindfulness is not something that only occurs during a mindful practice or session, but it is a formula to apply to life to decrease the effects of living in a stressful world and increase overall well-being and happiness.

Because this is an experiential workshop, you will be learning mindfulness techniques, the theory behind them, and experiencing them, so you can quickly ascertain the effectiveness of these practices. There will be some movement as well, so please wear comfortable clothing. The central objective of this course is for participants to learn and practice the tools necessary to continue their mindfulness after the course is completed because true knowledge is gained through experience, not merely theory.

Speaker: Samara Anderson

8:30am - 10:00am: Act 80 (S.103): A Sea Change in Vermont Employment Law* (1.5 MCLE)

On June 28, 2023, Governor Scott signed into law Act 80, amending Vermont’s Fair Employment Practices act 21 V.S.A. §495 (“VFEPA”), effective July 1, 2023. By eliminating the “severe or pervasive” standard for harassment claims and treating discrimination and harassment as synonymous, these amendments represent a paradigm shift in previously well-settled principles of employment discrimination law. The amendments also prohibit restrictions on future employment in agreements to settle VFEPA claims. The likely impact of these changes will be profound, affecting the legal guidance and representation of employees and employers from the inception of a conflict or dispute through all stages of negotiation and litigation. A panel of Vermont’s most experienced employment lawyers will examine the legislation and discuss its implications.

Speakers: Emily Chamberlain Adams, Rich Cassidy, Steve Ellis (moderator) and Kerin Stackpole, Esqs.

8:30am - 9:30am: The Law Office Study Program: Lawyers Training Lawyers in Vermont (1.0 MCLE)

Don’t know anything about the Law Office Study Program? Interested in becoming a supervising attorney for a Law Office Study participant? Then this is the presentation for you. A range of panelists will provide their unique perspectives on all aspects of this program, including what it takes to be a participant and a supervising attorney and what it feels like to be a practicing attorney in Vermont with no JD.

Speakers: Sam Abel-Palmer, Kira Botting, Bob Paolini, Patty Turley, and Andy Strauss (moderator)

10:00am - 10:30am: BREAK WITH OUR SPONSORS

10:30am - 12:00pm: Rise of the Machines: A Survey of the Impact of Artificial Intelligence Technologies on Substantive Areas of the Law (1.5 MCLE)

While the effects of nascent artificial intelligence technologies on how attorneys practice may be transformative, the effect on what attorneys practice are perhaps even greater. Join attorneys and AI experts in a panel discussion that takes a bird's eye view of the AI sea-change and its impacts on substantive areas of the law. Specific topics shall include the impacts of AI on privacy, cybersecurity, contract, corporate, employment, criminal, and intellectual property law, as well as an examination of the various ways in which governments, regulators, and policymakers have been attempting to address the changing landscape.

Speakers: Ott Lindstrom, Shane McCormack, Daniel Shin and Gabrielle Shea

10:30am - 12:00pm: Working with Trauma Victims (1.5 MCLE)

There are numerous causes of trauma, many of which lead survivors directly into a legal system which may be unfamiliar, confusing, intimidating, and uniquely challenging to those who are struggling to recover agency over their lives. In turn, the legal system can exacerbate these difficulties so as to re-traumatize victims and make it difficult for them to participate in the same way that others are able to. This conference will bring together a Justice of the Vermont Supreme Court with 23 years of experience presiding over trials, A therapist who specializes and works almost exclusively with trauma survivors, a litigator with over 20 years trial experience working with trauma victims, a representative of The Women’s Freedom Center, and a forensic interviewer who has interviewed hundreds of trauma victims. Each panel member will share their experiences relating to this topic, followed by audience questions/open discussion. Please join us for this exciting CLE!

Speakers: Sam Angell, Hon. Karen Carroll, Don Cuerdon, Samantha Prince and Donna M.

Luncheon and Business Meeting: 12:00 - 1:15pm
with Guest Speaker, Senator Peter Welch

1:30pm - 3:00pm: ChatGPT, AI and Quantum Computing: Lawyers must adapt or be assimilated...Resistance is Futile! (1.5 MCLE)

Please Join Buddist Monk and AI Futurist Soryu Forall and renowned Legal Tech writer Niki Black, along with local luminaries Mike Kennedy and Ed Adrian - - to explore this timely and pressing topic. The presenters will be discussing Artificial Intelligence's imminent and immediate impact on the legal profession now and in the near future.

For additional reference please see Soryu Forall's recent profile in The Atlantic - https://www.theatlantic.com/ideas/archive/2023/06/buddhist-monks-vermont-ai-apocalypse/674501/ and Niki Black's prolific writings on legal tech - https://www.nicoleblackesq.com/

Speakers: Ed Adrian, Niki Black, Soryu Forall, and Mike Kennedy

1:30pm - 2:30pm: Vermont's Medical Shield Law* (1.0 MCLE)

Vermont has recently enacted several measures to secure the rights to reproductive health care services and gender affirming care within Vermont. These include Acts 14 and 15 from the 2023 session which together create legally protected rights for patients to access, health care providers to deliver and Vermont insurers to cover, a broad range of reproductive health care services and gender affirming care. This session will advise legal practitioners on the sweeping impacts to consumer/patient rights; the obligations and professional regulation of licensed professionals; malpractice and health insurance coverage obligations; and Vermont’s bar on litigation aimed at interfering with legally protected health care rights in state as well as intentional non-cooperation with actions in other jurisdictions.

Speakers: Ben Battles, Linda Cohen, Josh Diamond, and Lauren Layman

3:00pm - 3:30pm: BREAK WITH OUR SPONSORS

3:30pm - 5:00pm: Advanced Civility & Professionalism (1.5 Ethics MCLE)

THIS is the discussion on civility & professionalism you have been waiting for!
Continuing our conversation from the VBA’s Mid-Year Meeting, we will review the main take-aways from our 2023 survey, including your post-survey comments and new conclusions derived from the data. A role-play from a recent, actual deposition will be presented by YLD members, which resulted in a federal judge issuing sanctions of $300k for bad behavior!

We will answer your most pressing questions, including:

What are the real-life consequences for attorneys who engage in bad behavior – including filing meritless motions accusing the other side of bad behavior?
What solutions have state bars across the country embraced, and should we consider those here in Vermont?
What are state and federal judges in VT doing to address incivility and unprofessionalism?
Why do transactional lawyers report acting with greater civility and professionalism than litigators, and what can we all learn from them?
What can we all do to improve civility & professionalism here in Vermont?

Speakers: Hon. Christina Reiss, Hon. Helen Toor, Mike Kennedy, Chip Mason, and Andrew Manitsky

Remote programming via ZOOM (below) will continue the following week and can be registered for separately through our website CLE calendar.

Note: Programs with an asterisk (*) are approved and certified for 1st-year credits - Rules 12(a)(1) and 15(c).

Monday, October 2nd

10:00 - 11:30am - Zoning and Permitting in Vermont* (1.5 General)

This program will provide a basic outline of the Vermont Municipal and Act 250 permitting process along with the appeal process from administrative decisions through to the Vermont Supreme Court. We’ll discuss relevant changes to the law and will address key legal issues typically confronted such as interested party status, deadlines for appeals, Act 250 jurisdiction, and the overlap of other real estate and real property law questions.

Speaker: A.J. LaRosa

12:00 - 1:00pm - Why is Cell Service in Vermont So Sketchy?* (1.0 General)

Each of us have had experiences in Vermont with cell service not working where one would expect it (and really needs it). While things have improved over the last 20 years, there’s plenty of room for improvement and some new challenges for service delivery. This webinar will provide an overview of land use permitting for wireless in VT, with a focus on key facets of Act 250, local zoning, Section 248a and the Public Utility Commission, and the federal limitations on permitting set forth in the Telecommunications Act of 1996 as well as the federal Spectrum Act of 2012. We will also discuss roles of various state agencies and departments in grappling with wireless development.

Speaker: Will Dodge

1:30 - 2:30pm - VT Commission on the Well-Being of the Legal Profession - 2023 Update* (1.0 Wellness)

Practicing law is interesting, but it isn’t easy. For years our profession has experienced higher than average mental health issues such as anxiety, depression, burnout and substance abuse. In an attempt to address these issues head on, in 2018 the Vermont Supreme Court created the Vermont Commission on the Well-Being of the Legal Profession, which in turn produced an Action Plan with recommendations on how the Vermont legal community might better address these issues. In a discussion format aided by feedback gathered from a variety of Vermont’s legal employers, large and small, private and public, this CLE will examine the question of well-being in the legal profession from the employer’s perspective, addressing questions such as:

What practices or customs might help raise awareness of these issues?
What principles, standards, or expectations (i.e., relating to billable hours, workloads, time in office v. work from home, vacation time, etc.) might be effective in addressing these issues?
What practices or customs might Vermont legal employers employ to address when an employee is showing signs of struggling with these issues?
What, if anything, are legal employers doing to mentor younger attorneys on addressing these issues?

Speakers: Ian Carleton, Mike Kennedy, and Laura Wilson, Esqs.

Tuesday, October 3rd

10:00 - 11:30pm - Introduction to DEI for Lawyers* (1.5 DEI)

This is a broad introduction to DEI concepts for lawyers. Emily will cover nondiscrimination requirements under state and federal law, nondiscrimination requirements under Vermont’s Rules of Professional Conduct, explicit v. implicit bias, and discuss various bias issues that may arise within the practice of law.

Speakers: Emily Chamberlain Adams, Esq.

Wednesday, October 4th

10:00 - 11:30am - BBLS: Constitution Law, Part 1 (1.5 General)

The VBA's Brown Bag Law Study is designed for those studying for the UBE. Rod Smolla, President of Vermont Law and Graduate School, will lecture on the highlights from the Supreme Court’s recent 2022-23 term, emphasizing decisions on the Elections Clause, voting rights, affirmative action, free speech, administrative law, Native Americans, the Dormant Commerce Clause, justiciability, and intellectual property.

Speaker: Professor Rod Smolla, Esq., VLGS President

1:00 - 2:00pm - Navigating the Vermont Attorney Portal Website* (1.0 General)

This webinar will provide an overview of the Vermont Attorney Portal website which is used for attorney license renewals and submission of other licensure-related information. It will cover how to register and verfiy your bar number, how to submit your licensure paperwork, and how to update personal information (address, phone, email) in Odyssey directly through the site. The webinar will also cover the ways in which the efiling system (Odyssey File and Serve) is used for licensure-related matters and will provide guidance on troubleshooting problems and getting help when needed.

Speakers: Andrew Stone, Chasity Stoots-Fonberg, and Andrew Strauss

2:30 - 3:30pm -

Speaker:

Thursday, October 5th

Basic Skills in Vermont Practice & Procedure:

10:00 - 11:30am - Professionalism Overview* (1.5 MCLE, incl. 1.0 Ethics)
Speakers: Eileen Blackwood and Mike Kennedy, Esqs.

12:00 - 1:00pm - Civil Litigation Overview* (1.0 MCLE)
Speakers: David Casier and Therese Corsones, Esqs.

2:00 - 3:00pm - Family Law Overview* (1.0 MCLE)
Speaker: Penny Benelli, Esq.

Friday, October 6th

Basic Skills in Vermont Practice & Procedure:

9:00 - 10:00am - Administrative Law Overview* (1.0 MCLE)
Speakers: Ryan Kane and Kyle Landis-Marinello, Esqs.

10:30 - 12:00pm - Property/Real Estate Law Overview* (1.5 MCLE)
Speaker: Jim Knapp, Esq.

1:00 - 2:30pm - Landlord Tenant Law 101* (1.5 MCLE)

This session will include an overview of Vermont landlord/ tenant law. Topics include landlord/ tenant responsibilities, notice terminating tenancy, requirements for filing an eviction action, tenant defenses to eviction, rent escrow, and writs of possession. Eviction actions under Vermont law are straightforward, but technical. So, participants will learn about the particular filing requirements for eviction actions under Vermont law and the V.R.C.P. Participants will also learn about relevant case law in Vermont Superior Courts that flesh out landlord and tenant obligations in eviction actions.

Speakers: Samantha Lednicky and Bradley Showman, Esqs.

Note: Programs with an asterisk (*) qualify for 1st-year credits - Rules 12(a)(1) and 15(c )

View speakers' bios by clicking their name or visiting our Speakers page in this flyer.