ABA Section of Real Property, Trust and Estate Law 1:00 ... · Daniel Q. Orvin (Charleston, South ... Trust and Estate Synergy Summit. Stephanie Loomis ... Committee. ABA Section

ABA Section of Real Property, Trust and Estate Law

Spring Leadership Meeting – Washington, D.C. May 4, 2013 Council Meeting

1:00 – 2:30 p.m. Agenda

Item Presenter Tab 1. Welcome and Opening Remarks Tina Portuondo 2. Approval of Minutes, November 2012 Meeting David Dietrich A 3. Action Items 4. Financial Report Jo Ann Engelhardt B 5. ABA Update * SOC Report Michael Burke * Goal III Report Eric Mathis * Report from Section Delegates David English C Kevin Shepherd David Tang 6. Division Reports Trust and Estates Gideon Rothschild

Real Property Robert Krapf 7. Report from Planning Committee Susan Talley 8. Bar Year Priorities * Membership -- Law Student Outreach Gwen Allen D -- Associate Recruitment Jim Spratt E -- Paralegal Training Program Beth Wood F * Liaison Outreach -- Section of International Law Jo Ann Engelhardt -- Solo Small Firm Division David Dietrich -- Hispanic National Bar Association Elizabeth Ysla Leight G * Assisting Underserved Communities Marc Beckerman Mike Whitty Dennis Horn 9. Report from ABA Relations Committee David English H 10. Report from Nominations Committee Tina Portuondo I 11. Other Business 12. Adjourn Information Reports 2012-2013 Teleconference Report J 2010-2013 Group Call Report K Committee Membership Report L Membership Reports M Web Statistics Report N Publications Reports Journal O Magazine P eReport Q

Books & Media R Liaison Reports ABA Commission on Racial and Ethnic Diversity, Jo Ann Engelhardt S ABA Young Lawyers Division, Jennifer DiVeterano Gayle T ABA Commission on Disability Rights, Arnettia Wright U ABA Journal, Ed Brading V ABA Standing Committee on Publishing Oversight, Ed Brading W ABA Section on Dispute Resolution, James Carey X ABA Standing Committee on Technology Information Systems, Joe Hodges Y ABA Coordinating Committee on Environment, Energy and Natural Resources, Z Laurel Lockett National Bar Association, Eric Mathis 1A National College of Probate Judges, Robert Sacks 1B ABA Commission on Law and Aging, David English 1C ABA Ethics and Professionalism, Dana Fitzsimons 1G RPTE Marketing Report 1D ABA Board of Governors Summary of Action 1E Symposia Registration Reports 1F

AMERICAN BAR ASSOCIATION

SECTION OF REAL PROPERTY, TRUST AND ESTATE LAW

Officer and Council Nominations

In accordance with Article 6, Section 6.1(g) of the Bylaws of the ABA Section of Real Property, Trust, and Estate Law, the Nominations Committee presents the following for officer and council member vacancies that will occur at the close of the Association year. The Nominations Committee is chaired by Alan F. Rothschild, Jr. (Columbus, Georgia), vice-chaired by Andrew F. Palmieri (Washington, D.C.) and its members are Terrence M. Franklin (Los Angeles, California), Elizabeth Lindsay-Ochoa (Westport, Connecticut), and Daniel Q. Orvin (Charleston, South Carolina). The current Section Chair-Elect, Susan Talley, will automatically succeed Tina Portuondo as Chair of the Section at the close of the Annual Meeting, scheduled for August 2013 in San Francisco; the election for Officers and Council Members will be held at the annual Section Business Meeting on Saturday, August 10, 2013. The Nominations Committee unanimously nominates the following Officers, Council Members, and Section Delegate:

Chair-Elect Gideon Rothschild Trust and Estate Division Vice Chair David J. Dietrich Real Property Division Vice Chair Robert J. Krapf Finance and Corporate Sponsorship Officer Jo Ann Engelhardt Assistant Finance and Corporate Sponsorship Officer Stephanie Loomis-Price Secretary Orlando Lucero Section Delegate Kevin L. Shepherd

Trust and Estate Council Members Hugh F. Drake James D. Spratt, Jr. Susan N. Gary Edward M. Manigault Richard W. Nenno Real Property Council Members Gwendolyn C. Allen James G. Durham Candace M. Cunningham Stephen R. Romine Trust and Estate Assistant Secretary Robert N. Sacks Real Property Assistant Secretary Kellye Curtis Clarke

Susan G. Talley Stone Pigman Walther Wittmann LLC New Orleans, Louisiana

Automatically assumes the position of Section Chair, term ending August 2014. Positions held in Section: Section Chair-Elect; Section Vice Chair, Real Property Division; Section Secretary; Chair, Planning Committee; Editor, Real Property Articles Editor, and Associate Articles Editor, Probate & Property Magazine; Member, Mortgage Loan Structure and Origination Committee; Vice Chair, Foreclosure and Related Remedies Committee; Supervisory Council Member, Multi-Family, Special Living and Residential Real Estate Committee; Member, Publications, Committees, Nominations and Planning Committees; Vice Chair Publications Committee; Supervisory Council Member, Residential, Multifamily and Special Use Group; Member, Task Force on USA Patriot Act and Gatekeeper Regulation; Member, Communications Committee; Editor, RPTE eReport. Gideon Rothschild Moses & Singer LLP New York, New York

Nominated for Section Chair-Elect, term ending August 2014. Positions held in Section: Chair, Asset Protection Planning Committee; Chair, International Estate Planning Committee; Member, Section CLE Committee; Co-Chair, Trust and Estate Division CLE Committee; Council Member; Member and Co-Chair, Corporate Sponsorship Committee; Supervisory Council Member, Income and Transfer Tax Planning Group; Co-Chair, Communications Committee; Member, Planning Committee; Member, Task Force on USA Patriot Act and Gatekeeper Regulation; Section Finance and Corporate Sponsorship Officer; Section Vice Chair, Trust and Estate Division. David J. Dietrich Dietrich & Associates, PC Billings, Montana

Nominated for first term as Section Vice Chair, Trust and Estate Division, term ending August 2014. Positions held in Section: Vice Chair, Chair and Co-Chair, Estate Planning & Estate Administration for Farmers and Ranchers Committee; Chair, Valuation of Business Property Committee; Assistant Secretary, Trust and Estate Division; Member, Committee on Committees, Membership and Planning Committees; Vice Chair, Trust and Estate Trust Division CLE Committee; Co-Chair, Property Preservation Task Force; Council Member; Section Secretary. Robert J. Krapf Richards Layton & Finger, P.A. Wilmington, Delaware Nominated for second term as Section Vice Chair, Real Property Division, term ending August 2014. Positions held in Section: Vice Chair, Land Use Regulation Committee; Member, Condition of the Premises Committee; Co-Chair and Chair, Land Use Regulation Including Zoning and Court Decisions Committee; Vice Chair, Pension Plan Investments Committee; Member, Committees, Continuing Legal Education, Planning and Publications Committees; Vice Chair, Partnerships and Limited Liability Companies Committee; Group Chair, Special Investors and Investment Structure Group; NCCUSL Drafting Committee on Amendments to Uniform LLC Act; Real Property Assistant Secretary; Vice Chair, Real Property Division CLE

Committee; Co-Chair, Committee on Groups and Substantive Committees; Vice Chair, Corporate Sponsorship Committee; Council Member. Jo Ann Engelhardt Bessemer Trust Company Palm Beach, Florida

Nominated for fourth term as Finance and Corporate Sponsorship Officer, term ending August 2014. Positions held in Section: Vice Chair, Co-Chair and Chair, Estate Planning and Drafting in Pre Death Planning Issues Committee; Chair, Administration and Distribution of Trusts Committee; Member, Vice Chair and Co-Chair, Membership Committee; Member, Vice- Chair and Co-Chair, Diversity Committee; Co-Vice Chair, Corp Sponsorship; Member, Non-Tax Issues in Planning and Drafting for Lifetime and Testamentary Transfers Committee; Council Member; Member, Administration and Distribution of Estates and Trusts and Guardianship Committee; Member, Corporate Sponsorship Committee; Supervisory Council Member, Investment and Financial Planning Group, Wealth Planning Group and Non-Tax Estate Planning Consideration Group; Chair, Trust and Estate Synergy Summit. Stephanie Loomis-Price Winstead PC Houston, Texas Nominated for Assistant Finance and Corporate Sponsorship Officer, term ending August 2014. Positions held in Section: Chair and Vice Chair, Tax Litigation and Controversy Committee; Member, Vice Chair and Co-Chair Continuing Legal Education Committee; Member, Nominations and Planning Committees; Group Vice Chair, Income and Transfer Tax Committee; Council Member. Orlando Lucero First American Title Insurance Company Albuquerque, New Mexico Nominated for first term as Section Secretary, term ending August 2014. Positions held in Section: Vice Chair and Chair, Remedies and Miscellaneous Clauses Committee; Member, Partnerships, Joint Ventures and Other Investment Vehicles Committee; Member and Chair, Diversity Committee; Chair, Brokers and Brokerage Committee; Chair, Residential, Multifamily and Special Use Group; Section Liaison to ABA Commission on Racial and Ethnic Diversity in the Profession; Chair, Residential, Multifamily and Special Use Group; Member, Planning Committee; Council Member. Kevin L. Shepherd Venable LLP Baltimore, Maryland

Nominated for second term as Section Delegate to the House of Delegates, term ending August 2016. Positions held in Section: Associate Articles Editor, Real Property Articles Editor and Editor, Probate & Property Magazine; Chair, Real Property Division Advisory Board; Chair, Advisory Board; Chair, USA Patriot Act and Gatekeeper Task Force; Chair, Nominations Committee; Member and Vice Chair, Publications, Continuing Legal Education and Planning Committees; Member, Committee on Committees and Technology Committee; Member, ABA Standing Committee on Publishing Oversight; Council Member; Section Vice Chair, Real Property Division; Section Chair.

James D. Spratt, Jr. The Bowden Spratt Law Firm PC Atlanta, Georgia Nominated for first term as Council Member, Trust and Estate Division, term ending August 2016. Positions held in Section: Vice Chair, Estate Planning and Administration for Business Owners Committee; Co-Chair, Estate Planning and Administration for Business Owners, Farmers and Ranchers Committee; Chair, Business Investment Entities, Partnerships, LLCS and Corporations Committee; Member, Property Preservation Task Force; Group Vice Chair and Group Chair, Business Planning Group; Section Liaison, Section of Business Law/LLC Model Prototype Project; Member, Membership Committee; Assistant Secretary, Trust and Estate Division. Edward M. Manigault J. P. Morgan Atlanta, Georgia Nominated for second term as Council Member, Trust and Estate Division, term ending August 2016. Positions held in Section: Vice Chair and Chair, Estate and Gift Tax Committee; Member, Membership, Corporate Sponsorship, Groups and Substantive Committees, Nominations and Planning Committees; Member, Vice Chair, Task Force on USA Patriot Act and Gatekeeper Regulation; Group Chair, Income and Transfer Tax Planning Group. Richard W. Nenno Wilmington Trust Company Wilmington, Delaware Nominated for second term as Council Member, Trust and Estate Division, term ending August 2016. Positions held in Section: Co-Chair, Non-Tax Issues Affecting the Planning and Administration of Estates and Trusts Committee; Member, Continuing Legal Education Committee; Vice Chair and Chair, Non-Tax Estate Planning Considerations Group; Member, Corporate Sponsorship Committee. Susan N. Gary University of Oregon School of Law Eugene, Oregon Nominated for second term as Council Member, Trust and Estate Division, term ending August 2016. Positions held in Section: Vice Chair and Chair, Significant Current Literature Committee; Chair, State and Local Law Concerns of Exempt Organizations, Legislative and Regulatory Issues and Electronic Wills, Trusts and Probate Committees; Vice Chair, Study Committee on Law Reform; Vice Chair, Significant Developments in Probate and Trust Case Law Committee; Member, Digital Signatures and e-Commerce Committee; Co-Chair, Uniform Acts for Probate and Trust Law Committee; Associate Articles Editor, Probate & Property; Member, Section Advisory Board; Member, Publications Committee; Section Advisor to NCCUSL Drafting Committees on Uniform Transfer on Death for Real Property Act and Protection of Charitable Assets Act; Group Vice Chair, Charitable Planning and Organizations Group.

Hugh F. Drake Brown Hay & Stephens LLP Springfield, IL

Nominated for one year unexpired term as Council Member, Trust and Estate Division, term expiring August 2014. Positions held in Section: Section Fellow; Vice Chair and Chair, Estate Planning and Administration for Farmers and Ranchers Committee; Chair, YLN Committee; Vice Chair and Chair, Fellows Committee; Vice Chair and Co-Chair, Membership Committee; Member, Groups and Substantive Committees, Technology, Nominations, Planning and Communications Committees; Chair and Vice Chair, Business Planning Group. Robert N. Sacks Sacks Glazier Franklin & Lodise LLP Los Angeles, CA Nominated for first term as Assistant Secretary, Trust and Estate Division, term ending August 2014. Positions held in Section: Chair and Vice Chair, Estate and Trust Litigation and Controversy Committee; Group Chair and Vice Chair, Litigation, Ethics and Malpractice Group; Member and Vice Chair, Corporate Sponsorship Committee; Member and Vice Chair, Communications Committee; Member, Committee on Groups and Substantive Committees. James G. Durham University of Dayton School of Law Dayton, Ohio Nominated for first term as Council Member, Real Property Division, term ending August 2014. Positions held in Section: Section Liaison to ABA Standing Committee on Ethics and Professionalism; Chair, Ethics and Professionalism Committee; Group Chair and Vice Chair, Practice Management Group; Member, Membership and Continuing Legal Education Committees; Member, Task Force on Real Property Law School Curriculum; Group Chair, Legal Education and Uniform Laws Group; Assistant Secretary, Real Property Division. Stephen R. Romine LeClair Ryan Norfolk, Virginia Nominated for second full term as Council Member, Real Property Division, term ending August 2016. Positions held in Section: Vice Chair and Chair, Wetlands and Endangered Species Committee; Chair, Environment Land Use and Contaminated Property Committees; Member, Continuing Legal Education, Groups and Substantive Committees, Corporate Sponsorship, Membership and Planning Committees; Vice Chair, Groups and Substantive Committees Committee. Candace M. Cunningham Robinson & Cole LLP Hartford, CT Nominated for first term as Council Member, Real Property Division, term ending August 2016. Positions held in Section: Liaison, Young Lawyers Division; Vice Chair, Commercial Finance Committee; Acquisitions Editor, Books and Media Committee; Managing Editor, Books and Media Committee; Editor-in-Chief, Books and Media Committee; Member, Membership, Planning and Publications Committees.

Gwendolyn C. Allen Allen & Eakins Law LLC Salida, CO Nominated for first term as Council Member, Real Property Division, term ending August 2016. Positions held in Section: Vice Chair and Chair, Hotels, Resorts, and Tourism Committee; Member, Membership, CLE, Planning, Nominations, and Real Property Government Submissions Committees; Vice Chair, CLE Committee; Co-Chair, Membership Committee. Kellye Curtis Clarke Keegan Devol & Clarke & Nowak, PLC Alexandria, VA Nominated for first term as Assistant Secretary, Real Property Division, term ending August 2014. Positions held in Section: Section Fellow; Vice Chair and Chair, Single Family Residential Committee; Vice Chair and Chair, Residential, Multi-Family, and Special Use Group; Member and Vice Chair, Diversity Committee; Member, Nominations, Membership, and Real Property Government Submissions Committees.

To: Susan Talley, Chair Planning Committee From: David English, Chair ABA Relations Committee Date: April 7, 2013 The ABA Relations Committee was formed in December 2011. The original assignment was to facilitate the nomination of Section members for ABA Presidential appointments. The committee has since evolved to also assist Section members in applying for ABA awards. RPTE is not the only Section with an ABA Relations Committee. ABA Relations Committee are also found in the Business Law and Health Law Sections. The Health Law Section Committee is small, only eight members similar to RPTE. The Business Law committee has over 100 members. The principal if not sole purpose of the Health Law Section committee is to promote candidates for ABA Presidential appointments. For ABA prizes and awards, the Committee has prepared nominations of Marty Shenkman for the Hearne Award given by the ABA Commission on Disability Rights. The Committee has also screened out situations where there was absolutely no chance that the Section candidate would win the prize. The more significant work is ABA Presidential nominations. In 2011-2012 the Committee processed eight nominations, of whom five were actually appointed. Given that there are over six nominees for each position, we should not expect to repeat this success. Although successful, the process in 2011-2012 was improvised. The process in 2012-2013 was more systematic although the work became overwhelming as the February 25 deadline approached. We need to start earlier. Here are my thoughts on making the process even better: 1. Consider naming Co-Chairs from each division or at least a vice-chair form the other division. This will help spread out the work. 2. Use the Fall meeting to informally identify and solicit candidates. 3. Obtain vacancy chart and membership list of ABA Presidential Appointments Committee as soon as possible during Bar year. 4. Allocate time at the November Executive Committee meeting to identify candidates. 5. Require that all candidates prepare drafts of self-nominations no later than January 15. This will allow the ABA Relations Committee to provide input on the nomination and time to develop a lobbying strategy.

6. Ideally, submit the Section nomination no later than the Mid-Year meeting in February. 7. Inform SOC of diversity candidates as soon as possible. 8. Develop a lobbying strategy for each candidate. This might include: • Submitting seconding nominations by individuals from within or without the Section. • Send the RPTE nomination form and otherwise contact the Chair and/or Staff Director of the relevant ABA entity. The goal is to encourage the Chair and/or Staff Director to make our candidate their candidate. • Contact the member of the ABA Presidential Nominations Committee who is responsible for appointments for the particular ABA entity.

RPTE Liaison to the National Hispanic Bar Association

Elizabeth Ysla Leight

As Liaison to the Section, I was tasked with maintaining an ongoing relationship with the National Hispanic Bar Association, and have worked to promote joint participation between the two organizations. Specifically, I attended the 2012 Hispanic National Bar Association Convention in Seattle, WA. At the meeting, I met with the incoming President, Peter M. Reyes, to discuss ABA Diversity Committee’s desire to involve individuals from HNBA in our Diversity Speakers Database and received a positive response and encouragement to continue with that task.

While at the HNBA Convention, I attended the Judiciary Committee meeting and informed the jurists about the Diversity Speakers Database. They indicated to me that they were interested in participating in ABA events and brought an area of concern to my attentin. The Commitee members all indicated that they put HNBA events high in their list when attending meetings in general, and requested that I follow up on ways that they can more fully participate at ABA meetings without having to utilize their limited state financial resources. I suggested that when we get the Database up and running, we can invitenthem to speak at events thatndo not requirenextensive travel, etc. Additionally, they expressed that they would like to have access to a list of diverse jurists and felt that the information was already available somewhere within the ABA. I have followed up with the Diversity Committee on this request and hope to have an answer for them.

Recently, at a Diversity Committee conference call, Chair Eric Mathis raised the issue of creating a journal of background biographies of diverse individuals that can be made available to law schools and high schools as a way to help students become interested in a future in law. I discussed the possibility of this effort and received a favorable response from the jurists, many of whom come from very humble backgrounds. I will follow up on this issue with them via email.

In March 2013, I attended and participated in the American University Annual Hispanic Law Conference in which I discussed with a panel of Hispanic jurists and legal scholars the idea of submitting biographical entries for the Diversity Committee project. I also mentioned the Diverse Speakers Database and was met with a great deal of enthusuasm and collected several cards of individuals interested in participating.

It is my understanding that the Diverse Speakers Database forms will soon become available online, at which time I will share the link with those individuals who have expressed an interest. I am interested in encouraging greater participation in the Database through participating in a

variety of events and activities hosted through the NHBA. I hope to attend the Legislative Conference which will take place in the Spring.

I have been in contact with the HNBA Region V leadership which covers the states of Maryland, West Virginia, Virginia and the District of Columbia and Region X which covers Kentucky, Ohio and Tennessee through various meetings and co-sponsor of various professional development events. In each contact, I mention the Diverse Speakers Database and the Diversity Biographies Project and receive positive responses and interest in participation.

Each HNBA Region has active programs and opportunities for collaboration for CLE programs with ABA RPTE. For example, in Maryland the Maryland Hispanic Bar Association and HNBA co-sponsored several professional development programs including entitled “So You Want to Become a Judge” programs with new lawyers and has co-sponsored social events as well. There are opportunities to participate in scholarship programs that go to law school students in each of the regions.

I would like to advise the Council that I have been named to serve on the Judicial Nominations Commission by Maryland Governor Martin O’Malley. This position will not interfere with my duties as Liaison to the HNBA.

PROGAM HEADLINE Introducing the 2013 Paralegal eLearning Program: Trust and Estate Planning, Administration & Litigation PROGRAM INFORMATION The ABA Section on Real Property, Trust & Estate Law is proud to launch our first-ever professional development series focused on paralegals, legal assistants and others working in the areas of Trusts and Estates. Attendees of the Paralegal eLearning Program will learn substantive legal and ethics issues – as well as best practices – from leading industry professionals with in-depth knowledge and hands-on experience in Trust & Estate Law. The 2013 program will offer ten 60-minute eLearning sessions, and attendees can register for the entire series or individual sessions. Series registrants OVERVIEW OF PROGRAM SESSIONS

I. Estate Planning - Data collection, drafting documents and witnessing documents

II. Trust Funding – Funding trusts, review of popular methods of probate avoidance methods (TOD and TOD funding of trusts, primer on jointly held property, beneficiary designations, etc.).

III. Estate Administration - Pre-appointment issues, appointment of a fiduciary, steps to take post-

appointment including collection of assets and payment of claims, distributions, basic fiduciary accounting concepts and closing the estate. (Two sessions)

IV. Transfer Tax Issues - Overview of estate and gift tax with an eye on preparation of federal estate

tax returns and federal gift tax returns.

V. Income Taxation of Trusts and Estate – Nuts and bolts of Subchapter J including differences between tax accounting and fiduciary accounting.

VI. Specific Assets in Planning and Administration – Discussion of entities, retirement accounts, life

insurance, real estate, and specialized trusts. VII. Estate Litigation – Overview of contested proceedings including the basic concepts common

among proceedings and special considerations. (Two sessions) VIII. Best Practices – Review of ethical issues and estate planning documents for mistakes (including

inadvertent inclusion issues raised by retained powers or powers given to beneficiaries, income tax risk to parents who have the right to use trust assets to satisfy a legal obligation, etc).

WHO SHOULD ATTEND

Paralegals Legal support staff Lawyers Legal educators Students Others with subject matter interest in Trust and Estate Law

FEES Program Series (10 sessions) Registration Fee All attendees $700 Individual Sessions Registration Fee All attendees $70 DATES/TIMES

Questions about the program? Contact us at [email protected]. Want to stay apprised on the latest news and trends in Trust & Estate law?

Join the ABA Section of Real Property, Trust and Estate Law group on LinkedIn

Follow us on Twitter @rptelaw

TOPIC TENTATIVE DATE SENIOR RPTE PRESENTER

1 Estate Planning

January 9, 2013 Hugh Drake

2 Trust Funding

February 13, 2013 Elaine Bucher

3 Estate Administration (Part I – Legal Aspects) February 27, 2013

Phil Lindquist

4 Estate Administration (Part II) March 13, 2013 Marc Bekerman

4 Transfer Tax Issues

April 24, 2013 Tom Featherston

6 Income Tax of Trusts/Estates May 8, 2013 None needed

7 Specific Assets in Planning and Administration June 12, 2013 None needed

8 Estate Litigation (Part I) – Pure litigation matters July 10, 2013 Terry Franklin

9 Estate Litigation (Part II) – Techniques to audit-proof planning

September 11, 2013 Stephanie Loomis-Price

10 Overview – Best Practices November 13, 2013 Beth Wood

Starting January 2013, the ABA Section of Real Property, Trust

and Estate Law will launch its first-ever professional development

series focused on the needs of paralegals and legal assistants work-

ing in the areas of Trust & Estate law.

Attendees of the Paralegal eLearning Program will learn

substantive legal and ethics issues – as well as best practices –

from leading industry professionals with in-depth knowledge and

hands-on experience in Trust & Estate law.

The 2013 program will offer ten 60-minute eLearning sessions, and attendees can register for the entire series or individual sessions.

The fee for the program series is $700; individual sessions are $70 each. As a special offer, all Paralegal eLearning Program series

registrants will receive a complimentary Associate membership in both the ABA and Section of Real Property, Trust & Estate Law.*

For more information and to register for the 2013 program visit ambar.org/RPTEParaLegal.

*DISCLAIMER: Each Paralegal eLearning Program series registrant who is a non-lawyer and who has not been a member of

the ABA within the past two years will receive a complimentary membership as an Associate of both the American Bar Asso-

ciation and the Section of Real Property, Trust & Estate Law. Any registrant with an Associate membership in the ABA but who has not been an Associate member of the RPTE Section within the past two years will receive a complimentary Associ-

ate membership in the RPTE Section. Enrollment will be automatic upon series registration. These memberships will be

valid for the 2012-2013 bar year, which ends on August 31, 2013. They will renew automatically and you will be invoiced

for the 2013-2014 bar year at the regular rate. You may cancel your membership at any time by visiting www.ambar.org/

MyABA or calling the ABA service center at 800.285.2221. An Associate member welcome packet providing all details of membership will be sent separately.

Introducing the Section of Real Property,

Trust and Estate Law / Trust & Estate Division’s...

Who Should Attend

Paralegals

Legal support staff

New lawyers

Legal educators

Students

Others with subject matter interest in Trust & Estate Law

Fees Program Series (all 10 sessions) - $700 Individual Sessions - $70

Questions about the RPTE 2013 Paralegal eLearning Program? Contact us at [email protected]

http://ambar.org/RPTEParaLegal

http://www.ambar.org/MyABA

http://www.ambar.org/MyABA

mailto:[email protected]?subject=Question%20about%20RPTE%20Paralegal%20eLearning%20Program

EXPENSEUsage/ Usage/ State ABA CLE Credit Admin/

Date Material Phone Web Promo CLE Fees Fees Card Fees Misc TOTALParalegal Training**

Series 1,000 353 3,033 4,386Session 1 -- Estate Planning 1/9/2013 660 164 824Session 2 -- Trust Funding 2/13/2013 990 196 1,186Session 3 -- Estate Admin 1 2/27/2013 990 171 1,161Session 4 -- Estate Admin 2 3/13/2013 990 147 1,137Session 5 4/24/2013 990 28 1,018Session 6 5/8/2013 990 28 1,018Session 7 6/12/2013 990 28 1,018Session 8 7/10/2013 990 990Session 9 990 7 997Session 10 990 21 1,011

Subtotal, Paralegal Program 0 0 9,570 1,000 0 0 1,143 3,033 14,746

Paralegal Training**SeriesSession 1 -- Estate PlanningSession 2 -- Trust FundingSession 3 -- Estate Admin 1Session 4 -- Estate Admin 2Session 5Session 6Session 7Session 8Session 9Session 10

Subtotal, Paralegal Program

REVENUEProduct NET

Reg Fees Sales Misc. TOTAL PROGRAM

46,200 46,200 41,8149,800 9,800 8,976

10,570 10,570 9,38410,010 10,010 8,84910,010 10,010 8,873

6,790 6,790 5,7725,810 5,810 4,7925,810 5,810 4,7924,760 4,760 3,7704,900 4,900 3,9035,460 5,460 4,449

120,120 0 0 120,120 0 105,374



REGISTRATION$150

$175 $150 $85 $60 Synergy $0 $0General* ABA* RPTE* Secondary* Summit Scholarship Student TOTAL

66 66140 140151 137143 143143 143

97 9782 8282 8268 6870 7078 78

1,120 0 0 0 0 0 0 1,106

April 17, 2013 TO: Robin Roy, Section Director FROM: Hillary Clark, Membership & Marketing Associate RE: Associate Membership Campaign Details on my work on the newly instated Associate membership campaign:

- Printed 2,000 new brochures

- Brochures sent to Associate members with our Areas of Concentration (AOC) who are not yet RPTE members

o Mailed 134 to the reporting period 8/2012-2/2013 o Will continue to send each month (sent 16 in March, 24 in April) o Sent 50 brochures to Jim Spratt to send to the Atlanta Estate Planning Council

- 344 current Associate members (up from 259 last year this month)

- Paralegal eLearning Program

o If a paralegal signs up to participate in the entire series, 1 free year of ABA and RPTE Associate membership is given

o Received 50 new ABA and RPTE associates, and 1 RPTE-only member, from paralegals signing up to attend all program sessions

Up-to-date Industry InformationTap into a wealth of industry information, and practical tips and tools for your practice with complimentary subscriptions to:

RPTE Websiten Be sure to use the

RPTE website for valuable information on a wide variety of topics including Section activities and events, real estate and trust and estate FAQs, and practice resources

n Visit group and committee web pages

to view committee leadership, mission statements, activities, and special projectsnAccess our CLE calendar and register for meetings

and teleconferences onlinenUse the periodical archives for research on cases and

practice trendsnView the ABA web store to purchase RPTE books

online

Be sure to take advantage of all the benefits available to RPTE members. Stay in touch and stay current! See our website at www.ambar.org/rpte for more Section information.

Continuing Education and Professional DevelopmentWhile programs are geared to practicing lawyers with CLE requirements, associate members can also benefit from the substantive content offered with our continuing education and professional development programs.

Not a lawyer? No problem! Whether you are an appraiser, broker, CPA, real estate professional, trust officer, financial advisor, paralegal or philanthropic gift planner, the ABA Section of Real Property, Trust & Estate Law is right for you.

As an associate member you’ll have unparalleled access to – and a unique forum to collaborate with – legal subject matter experts in your professional area. Expand your industry knowledge and networking connections to better serve your clients. Stay apprised of legislative and regulatory developments, and how they impact your business.

Are you an international lawyer with clients in the U.S.? If you’re licensed to practice law outside the United States and need to stay apprised of the American legal system in the areas of Real Property, Trust & Estate Law, you can join as an International Lawyer associate member.

Stay connected. Stay current.

About the SectionThe ABA Section of Real Property, Trust and Estate Law section (RPTE) is a leading national forum for lawyers, with nearly 25,000 members. The Real Property Division works on legal aspects of property use, ownership, development, transfer, regulation, financing, taxation and disposal. The Trust and Estate Division works on all aspects of trusts, estate planning, employee benefits, insurance, and probate and trust litigation.

Section membership allows you to grow both professionally and personally by providing opportunities for networking, learning, teaching and mentoring.

Reap the many benefits of being aReal Property, Trust & Estate Law Associate Member

TeAr on DoTTeD line[ ] Yes, I’d lIke to become a Real PRoPeRtY, tRust & estate law membeR!

nAme

ComPAny TiTle

Business ADDress CiTy/sTATe ZiP/PosTAl CoDe CounTry

Business Phone emAil ADDress

memBershiP TyPe

[ ] ABA/RPTE ASSoCIATE: ($230USD)

[ ] ABA/RPTE INTERNATIoNAL LAWyER ASSoCIATE: ($230USD)

PAymenT informATion

[ ] BILL mE LATER

Join the aba section of Real Property, Trust & Estate Law today!

FILL oUT AND mAIL ThE PoSTCARD BELoW

Plus, members receive special discounts on all RPTE books in the ABA Web Store.

Join Groups and CommitteesParticipate in a Section group or committee and join other practitioners from across the country at RPTE onsite meetings, teleconferences, and list serve discussions.

nChoose from a wide variety of groups and committees covering the most important areas of trust and estate and real property practice

nWork on legislative issues for a particular law specialty on a national and/or state level

nJoin free member conference calls about current issues affecting your practice

nFind out the latest case law, legislative and regulatory developments

nDiscover practical planning, drafting, and business development strategies

nPrepare comments to the government on current policy and pending legislation in your area of expertise

Get Published! nGroup and committee work provides much of the basis for

the Section’s high quality educational programs, and content for the Section’s publications

3

nRPTE eReport – Bi-monthly electronic publication featuring Section events and activities, news articles, and practice resources.

nProbate & Property – The Section’s bi-monthly flag-ship magazine providing practical information on real property, trust and estate planning.

nReal Property, Trust and Estate Law Journal – A quarterly journal providing in-depth articles of inter-est to both lawyers and professionals in real estate and estate planning.

REALPROPERTY

TRUST &ESTATE LAW

ABASECTION OF

over the course of my several years as an associate member in the RPTE Section, I have met many great people at RPTE Section meetings and through Committee involvement, who share a common interest in getting involved in the dimensions of the legal profession that go beyond the billable hour. This has been rewarding in ways that are difficult to measure. on top of it all, it is a lot of fun!

John d. hutmacheR- Chair, International Investments in Real Estate Committee

As a member of one of Canada’s preeminent law firms with significant cross border experience, I find that my associate membership allows me to develop strong networks and establish important relationships in many jurisdictions for both inbound and outbound work.

c. maRio pauRa- Vice Chair, Purchase and

Sale Committee

Group & committee membership is free for all Section members!

NoN-PRoFIT oRG.U.S. PoSTAGE

PAiDAmERICAN BARASSoCIATIoN

REALPROPERTY

TRUST &ESTATE LAW

ABASECTION OF

AmeriCAn BAr AssoCiATionseCTion of reAl ProPerTy, TrusT & esTATe lAW321 N. CLARK STREETChICAGo, IL 60654-7598

reAl ProPerTy GrouPs

nCommercial real estate Transactions Group

nhospitality, Timesharing, and Common interests

Development Group

nland use and environmental Group

nleasing Group

nlegal education and uniform laws Group

nPractice management Group

nreal estate financing Group

nresidential, multi-family, and special use Group

nspecial investors and investment structure Group

TrusT & esTATe GrouPs

nBusiness Planning Group

nCharitable Planning and organizations Group

nelder law, Disability Planning, and Bioethics Group

nemployee Benefit Plans and other Compensation

Arrangements Group

nincome and Transfer Tax Planning Group

nlitigation, ethics, and malpractice Group

nnon-Tax estate Planning Considerations Group

exchange ideas. shaRe expeRiences.Get involved in a Real Property, Trust & Estate group or committee

BUSINESS REPLY MAILFIRST-CLASS MAIL PERMIT NO. 16471 CHICAGO, ILLINOIS

NO POSTAGENECESSARY

IF MAILEDIN THE

UNITED STATES

POSTAGE WILL BE PAID BY ADDRESSEE

Section of Real Property, Trust & Estate LawAmerican Bar Association321 N. Clark StreetChicago, Illinois 60654-7598

REALPROPERTY

TRUST &ESTATE LAW

ABASECTION OF

maintain youR edge as a Real Property, Trust & Estate Professional

my membership with the RPTE Section has opened many doors... doors of opportunity for networking, for client referrals, for leadership in the ABA, for the benefits of being able to call attorneys in other jurisdictions and get frank answers to legal questions, and doors to new friendships. RPTE membership has provided a network of qualified professionals who care about what they are doing and are the best at what they do, which helps make my job easier.

Julie c. panaRo- Vice-Chair, Partnerships and Limited

Liability Companies Committee- Member, Continuing Legal Education Committee

For a full listing of 2012-2013 RPTE groups and committees, please visit www.ambar.org/rpte.

stay connected. stay current.

Law School RPTE Presentation Report

School _________________________________________

Date _____________

Number of Students ___________

Presenter(s) ______________________________________

_______________________________________________

Response cards received (please mail to Hillary) ______________

Budget spent ________________

Comments _______________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

_______________________________________________

Howard University, George Washington University, Catholic University and Georgetown University

March 13, 2013

22

Rhina Roberts, Ballard Spahr, LLP; Stephanie M. Smith, JD, LL.M. U.S. Department of Agriculture

Rhina Roberts, Ballard Spahr, LLP; Stephanie M. Smith, JD, LL.M. U.S. Department of Agriculture

0

$105.52

This reception was a cost effective way to introduce minority law students to careers in real estate and

trusts and estates law. The program was well received by both the students and the speaker. There was a lively

interchange outside of the prepared remarks and several of the students asked to come to the Spring Symposium.

AMERICAN BAR ASSOCIATIONRequest for Reimbursement of Expenses - 2013

Purpose for Expenditure: Mailing Directions:DUE BY DECEMBER 31, 2013Mail original signed form to:

Dates of Meeting Start: End:Robin K. RoySection of RPTE

Destination American Bar Association321 N. Clark Street

Committee Name Chicago, Illinois 60654-7598

Other Explanation

AMOUNT

$0.00

$0.00Make check payable to (please type or print):

ABA TRAVEL SERVICE USED?Name

(INDIVIDUAL // FIRM // COMPANY)

Address

(CITY, STATE, AND ZIP CODE)

"Some or all of the documentary support attached consists of copies of the original receipts.

(city)."

Amount0 1 0 5 1 5 4 3 0 3 0 6 0 1 1 2 0 4 0 0

Expenses incurred by:

TR

AN

SP

OR

TA

TIO

N

Air (Coach rate: attach voucher) Name of Airline:

To / From Terminals ($125 max)

or Rail (Attach voucher)or Automobile: miles________ x $0.555

ABA Member/non-member ID# (REQUIRED)

MEETINGS AND TRAVEL EXPENSESITEM AND DESCRIPTION

EXPENSES NOT RELATED TO MEETINGS AND TRAVELStatement attached (telephone, postage, office expense, etc.)

Total Reimbursement Requested

LODGING, MEALS and GRATUITIES (limited to $100 per day, $300 max) (Attach voucher)

Total Meetings and Travel Expense

If address indicated is different from your membership address, would you like your membership address changed?

28.5)

Business Conduct Standards

"By signing below, I certify that I have read the ABA's Business Conduct Standards ("BCS") and that this expense report and the business I have conducted on behalf of the ABA comply with the BCS."

(INDIVIDUAL'S SIGNATURE)

Those originals are on file at law firm/practice in

Staff Liaison's Signature Date

ACCTE Fund RESP LOB

YES NO

YES NO

______________________________ *American Bar Association, 321 N. Clark Street, Chicago, IL 60654 **American Bar Association, Washington Office, 740 15th Street NW, Washington, DC 20005-1009

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POTENTIAL AGENDA ITEMS FOR THE 2013 ANNUAL MEETING OF THE HOUSE OF DELEGATES

OF THE AMERICAN BAR ASSOCIATION

NOTE: This list includes issues that may be presented for consideration at the 2013 Annual Meeting or a future meeting of the House of Delegates. Please remember that, with the exception of state and local bar associations, the filing deadline for submission of Resolutions with Reports by Association entities and affiliated organizations is Tuesday, May 7, 2013. ASSOCIATION’S CONSTITUTION, BYLAWS AND HOUSE RULES OF PROCEDURE 1. Proposed Amendments

The House’s agenda will include the following proposals to amend the Association’s Constitution, Bylaws and House Rules of Procedure:

A) Amends §1.2 of the Constitution to include the following language as one of the

purposes of the Association: “to defend the right to life of all innocent human beings, including all those conceived but not yet born.” Contact: Edward Haskins Jacobs, Attorney-at-Law, 2121 (16A) Queen Street, Unit 1, Christiansted, St. Croix, VI, 00820; Phone: 340/773-3322; Fax: 340/773-2566; E-mail: [email protected].

B) Amends §6.2(a)(5) and §10.1(a) of the Association’s Constitution, and §30.5 of the Bylaws to change the name of the Law Practice Management Section to the Law Practice Division. Contacts: Joan Rose Marie Bullock, Florida A&M University College of Law, 201 Beggs Avenue, Orlando, FL 32801-1733, Phone: 407/254-3201; E-mail: [email protected]; Tom Bolt, BoltNagi, PC, Suite 21, 5600 Royal Dane Mall, St. Thomas, VI 00802-6410; Phone: 340/774-2944; E-mail: [email protected].

C) Amends §30.5 of the Association’s Bylaws, to allow non-U.S. lawyer associates to serve on the Council and in the leadership of the Section of Litigation. Contacts: William R. Bay, Thompson Coburn LLP, Ste. 3500, 505 N 7th St., St. Louis, MO 63101-1693, Phone: 314/552-6008; E-mail: [email protected]; Pamela A. Bresnahan, 23 Sands Ave., Annapolis, MD 21403-4426; Phone: 202/467-8861; E-mail: [email protected].


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D) Amends §31.7 of the Association’s Bylaws to change the jurisdictional statement of the Standing Committee on Legal Assistance for Military Personnel. Contact: Brig Gen (Ret.) David G. Ehrhart, Lockheed Martin Aeronautics Company, PO Box 748, Fort Worth, TX 76101-7450, Phone: 817/777-1706; E-mail: [email protected].

E) Amends §31.7 of the Association’s Bylaws to discontinue the Standing Committee

on Federal Judicial Improvements. Contact: Sharon Stern Gerstman, Magavern, Magavern, Grimm LLP, 1100 Rand Building, 14 Lafayette Square, Buffalo, NY 14203, Phone: 716/856-3500; E-mail: [email protected].

F) Amends §31.7 of the Association’s Bylaws to discontinue the Standing Committee

on Strategic Communications. Contact: Sharon Stern Gerstman, Magavern, Magavern, Grimm LLP, 1100 Rand Building, 14 Lafayette Square, Buffalo, NY 14203, Phone: 716/856-3500; E-mail: [email protected].

CRIMINAL JUSTICE

2. Co-Occurring Disorders Urges additional funding for and enacts legislation that would address the complex problem presented by the large number of youth and adults with co-occuring mental health and substance abuse disorders who come into contact with the criminal justice system. Criminal Justice Section. Contact: Sarina Cox**, Phone: 202/662-1518, E-mail: [email protected].

3. Gay Panic Defense Urges implementation of legislative and or judicial solutions to reduce instances of bias, sympathy, prejudice, or public opinion which manifest discrimination based upon sexual orientation or gender identity. Criminal Justice Section. Contact: Sarina Cox**, Phone: 202/662-1518, E-mail: [email protected].

4. Mandatory Reporting Urges legislative bodies to review and determine what changes, if any, are appropriate regarding their mandatory reporting requirements for child abuse and neglect, sanctions for failure to report child abuse and neglect, penalties for child abuse and whether to extend civil immunity to professionals. Criminal Justice Section. Contact: Sarina Cox**, Phone: 202/662-1518, E-mail: [email protected]

5. Overcriminalization Addresses the issue of over-federalization of crime and criminalization of regulatory matters. Criminal Justice Section. Contact: Sarina Cox**, Phone: 202/662-1518, E-mail: [email protected].


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6. Plea Waivers Opposes plea agreements where a criminal defendant waives the right to claim ineffective counsel assistance, or prosecutorial misconduct and urges judges to reject such plea agreements and urges defense attorneys to inform their clients that such plea waivers have been found to be unethical in some jurisdictions. Criminal Justice Section. Contact: Sarina Cox**, Phone: 202/662-1518, E-mail: [email protected].

ETHICS AND PROFESSIONAL RESPONSIBILITY

7. ABA Model Code of Judicial Conduct

Amends the Terminology Section and Rule 2.11 of the ABA Model Code of Judicial Conduct which seek to clarify judges’ ethical obligations to recuse themselves in matters in which their impartiality might reasonably be questioned as a result of judicial election and retention election campaign contributions made to them or their opponents, as well as independent expenditures made in support of or opposition to a judge’s election or retention. Standing Committee on Ethics and Professional Responsibility. Contact: Ellyn S. Rosen*, Phone: 312/988-5311, E-mail: [email protected].

GROUP AND PREPAID LEGAL SERVICES

8. Group Legal Services Plans

Supports group legal services plans as a mechanism for delivering legal services to moderate income consumers. Standing Committee on Group and Prepaid Legal Services. Contact: Tori Jo Wible*, Phone: 312/988-5753, E-mail: [email protected].

HEALTH LAW

9. Mental Health Treatment Services Supports the rights of our nation’s veterans to access mental health treatment services and substance use disorder coverage that is required to be made available under federal and state law and urges Congress to ensure that a uniform and plain language disclosure of the terms of coverage is required across all insurance and welfare benefit plans. Health Law Section. Contact: Wanda Workman*, Phone: 312/988-5548, E-mail: [email protected].


4

HOMELESSNESS AND POVERTY

10. Human Right to Housing Recognizes adequate housing as a human right. Commission on Homelessness and Poverty. Contact: Amy E. Horton-Newell**, Phone: 202/662-1693, E-mail: [email protected].

INTERNATIONAL LAW 11. Statutes of Limitations for Serious Crimes

Adopts policy regarding the statutes of limitations for genocide, crimes against humanity, and serious war crimes and encourages all governments to apply this international legal standard. Section of International Law. Contacts: Ted Carroll**. 202/662-1675, E-mail: [email protected]; Becky Farrar, Co-Chair, SIL International Human Rights Committee, 1121 Arlington Blvd, Apt. 220, Arlington, VA 22209, Phone: 726/692-0065, E-mail: [email protected].

12. U.S. Judicial Network

Proposes establishment of an intra-country judicial network, within the United States, that will serve as a mechanism for judicial communication and education about relevant international family law matters. Section of International Law. Contacts: Ted Carroll**. Phone: 202/662-1675, E-mail: [email protected]; Melissa Kucinski, Chair, SIL International Family Mediation Task Force, Global Family Mediation, 720 Pettis Ave., Mountain View, CA 94041, E-mail: [email protected].

LAW AND AGING

13. Rights of Patients with Advanced Chronic Conditions

Supports the rights of patients with advanced chronic conditions to receive care coordination services to ensure continuity and coordination of services and supports acute, long-term, and palliative conditions regardless of setting, provider, and medical condition. Commission on Law and Aging. Contact: Charlie Sabatino**, Phone: 202/662-8686, E-mail: [email protected].

14. Social Security Representative Payees and Veterans Fiduciaries Urges state and territorial courts handling adult guardianship and federal, state and territorial agencies that administer representative payment programs for government benefits to coordinate information sharing, training and educating to best serve individuals with fiduciary financial decision-makers. Commission on Law and Aging. Contact: Charlie Sabatino**, Phone: 202/662-8686, E-mail: [email protected].


5

LAWYER DISCIPLINE

15. Legal Marijuana Regulations Urges appropriate disciplinary agencies not to bring disciplinary action against lawyers who assist and advise clients on how to implement or comply with legal marijuana regulations under state or territorial law. King County Bar Association. Contact: Thomas M. Fitzpatrick, Talmadge Fitzpatrick PLLC, 18010 Southcenter Pkwy, Tukwila, WA 98188, Phone: 206/574-6661, E-mail [email protected].

PARALEGALS

16. Paralegal Education Programs Grants approval, reapproval and/or extension of the term of approval to several paralegal education programs. Standing Committee on Paralegals. Contact: Peggy C. Wallace*, Phone: 312/988-5618, E-mail: [email protected].

PRO BONO

17. Standards for Programs Providing Civil Pro Bono Legal Services to Persons of Limited Means Adopts the revised black letter Standards for Programs Providing Civil Pro Bono Legal Services to Persons of Limited Means, dated August 2013, and recommends appropriate implementation of these Standards by entities providing civil pro bono legal services to persons of limited means. Standing Committee on Pro Bono and Public Service. Contacts: Larry McDevitt, The Van Winkle Law Firm, 11 N. Market Street, Asheville, NC, 28801-2932, E-mail: [email protected]; Cheryl Zalenski*, Phone: 312/988-5770, E-mail: [email protected].

PROFESSIONAL DISCIPLINE

18. Guidelines for an International Regulatory Information Exchange Protocol Adopts Guidelines for an International Regulatory Information Exchange Protocol to facilitate better communication and cooperation among lawyer regulators in different jurisdictions. Standing Committee on Professional Discipline. Contact: Ellyn S. Rosen*, Phone: 312/988-5311, E-mail: [email protected].


6

YOUTH AT RISK

19. Children’s Exposure to Violence Encourages endorsement and implementation of recommendations which call for trauma-informed identification, assessment, and treatment of children and youth exposed to violence, as well as improving child welfare, juvenile justice, and other child-serving systems’ responses through application of trauma-informed approaches. Commission on Youth at Risk. Contact: Garry Bevel**, Phone: 202/662-1749, E-mail: [email protected].

20. Indian Child Welfare Act Urges governments, states, and child welfare agencies to meet the needs of American Indian and Alaska Native children and families through state court collaborations, increased and improved federal agreements and understanding between states and Tribes, legal services to Tribes, increased actions to reduce the number of American Indian and Alaska Native children’s removal from their families, and increased financial support from USDOJ, HHS, and the Department of Interior. Commission on Youth at Risk. Contact: Garry Bevel**, Phone: 202/662-1749, E-mail: [email protected].

RevenueGeneral Activity Dues Royalties & Misc.Subtotal, General ActivityMeetings (Fall, MY, Sprg, Annl)SponsorshipsCLE ProgramsJournalMagazineDirectoriesBooksStanding CommitteesInformational CommitteesDivision, Joint & Other CommitteesOfficersLiaison & Section ProjectsTOTAL REVENUE

ExpenseGeneral Activity Salaries and Space Printing Postage Telephone, Computer Travel & Misc. Meetings Support Service Supplies & Misc. Contribution to ABASubtotal, General ActivityMeetings (Fall, MY, Spring, Annual)CLE ProgramsJournalMagazineDirectoriesElectronic NewsletterBooksStanding CommitteesInformational CommitteesDivision, Joint & Other CommitteesOfficers/Executive CommitteeLiaison & Section ProjectsTOTAL EXPENSE

NET OPERATIONS

American Bar AssociationSection of Real Property, Probate and Trust Law

Financial StatementFY2013 -- March

FY 2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013Audited Audited Audited Audited Audited YTD Year-End Period YTD Total % of Total

Final Final Final Final Final Actual Actual Actual Actual Budget Budget

1,194,909$ 1,196,794$ 1,258,233$ 1,124,165$ 1,066,872$ 575,395$ 1,025,713$ 85,412$ 559,261$ 1,007,500$ 55.51%15,425 40,635 33,365 33,742 31,373 6,693 33,898 129 13,109 16,000 81.93%

1,210,334 1,237,429 1,291,598 1,157,907 1,098,245 582,088 1,059,611 85,541 572,370 1,023,500 55.92%19,778 10,540 32,334 42,475 47,199 27,065 28,065 (175) 35,605 46,360 76.80%

231,167 233,501 113,167 206,250 253,525 37,200 230,788 0 41,075 185,275 22.17%549,289 562,076 524,594 597,401 502,822 91,087 508,005 44,312 348,067 392,732 88.63%

9,168 10,188 8,813 10,810 9,247 5,960 14,894 1,286 6,441 7,000 92.01%59,366 54,179 47,935 48,750 53,184 27,364 54,534 454 4,805 39,000 12.32%

0 0 0 0 0 3,600 0 0616,053 479,650 392,673 388,072 488,728 180,165 348,877 20,963 217,932 466,667 46.70%

1,896 0 1,440 0 2,790 1,941 6,291 0 650 2,500 26.00%1,330 420 810 227 (109) (30) (30) 0 0 0

36 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0

11,475 17,688 65,148 14,568 2,765 0 1,000 0 0 02,709,892 2,605,671 2,478,512 2,466,460 2,458,396 952,840 2,255,635 152,381 1,226,945 2,163,034 56.72%

216,128 338,684 450,991 476,541 386,516 222,916 375,548 29,444 211,296 388,494 54.39%10,832 9,739 5,036 4,424 9,874 245 2,996 707 1,931 3,500 55.17%12,991 18,035 9,586 5,215 5,670 1,657 3,471 264 1,752 5,500 31.85%13,680 25,450 27,692 41,305 15,816 16,836 29,587 6,203 19,102 25,180 75.86%

0 0 0 0 0 0 0 0 0 027,192 26,856 27,264 26,040 23,796 13,286 22,776 1,827 12,789 23,000 55.60%31,803 34,403 13,861 16,377 12,258 4,972 6,986 676 3,733 15,000 24.89%

0 0 0 34,165 31,323 19,933 34,170 2,848 19,933 72,801 27.38%312,626 453,167 534,430 604,067 485,253 279,845 475,534 41,969 270,536 533,475 50.71%432,699 656,862 587,684 614,826 506,689 392,101 594,173 7,455 382,742 590,073 64.86%469,224 369,618 445,758 289,391 387,114 125,360 531,645 16,483 102,876 353,566 29.10%199,515 251,921 258,009 240,413 222,827 131,832 171,538 30,020 146,712 206,077 71.19%352,001 348,029 364,144 305,763 318,619 184,141 296,693 35,064 171,084 326,562 52.39%

6,518 10,013 12,497 6,406 7,313 0 6,618 0 6,113 8,000 76.41%600 0 0 0 0 0 0 0 0 0

288,812 290,198 269,918 227,557 (13,689) 129,847 205,941 (3,588) 113,436 220,504 51.44%102,028 134,004 76,968 68,061 92,816 43,188 56,640 6,033 33,519 142,250 23.56%

8,294 7,003 4,990 3,899 2,423 3 5 1 3 05,159 7,647 10,783 18,038 6,535 1,625 2,626 113 6,922 10,500 65.92%

24,868 11,042 26,310 10,901 28,866 4,815 17,470 0 4,092 21,550 18.99%64,711 84,271 64,656 59,990 60,493 36,752 59,035 0 40,421 59,750 67.65%

2,267,055 2,684,275 2,656,147 2,449,312 2,105,259 1,329,509 2,417,918 133,550 1,278,456 2,472,307 51.71%

442,837 (78,604) (177,635) 17,145 353,137 (376,669) (162,283) 18,831 (51,511) (309,273) 16.66%

Special Reserve FundsInvestment IncomeRealized/Unrealized Gains (Loss)

NET

Cash

Beginning Fund Balance**Year End (Year-to-Date) ActualEnding Fund Balance

Total Investment Funds

Inventory -- BooksReserve for Inventory Obsolescence

Deferred Income***

Cash

American Bar AssociationSection of Real Property, Probate and Trust Law

Financial Statement

60,500 106,214 45,565 0 5,383 5,383 0 10,000 296,338104,970 96,889 84,211 51,487 63,428 14,979 28,668 2,136 60,015 135,893 44.16%148,700 (281,890) (279,303) 155,952 264,247 214,017 201,282 63,940 243,968 0253,670 (185,001) (301,306) 161,874 327,675 223,613 224,567 66,076 293,983 (160,445) -183.23%

696,507$ (263,605)$ (478,941)$ 179,019$ 680,812$ (153,056)$ 62,284$ 84,907$ 242,472$ (469,718)$ -51.62%

1,258,652$ 1,021,771$ 408,056$ 358,546$ 524,078$ 284,647$ 504,813$ 40,093$ 342,424$

2,163,710$ 2,860,233$ 2,596,628$ 2,117,720$ 2,296,737$ 2,977,549$ 2,977,549$ -$ 3,039,515$ 2,977,549$ 696,507 (263,605) (478,941) 179,019 680,812 (153,056) 62,284 84,907 242,472 (469,718)

2,860,217$ 2,596,628$ 2,117,687$ 2,296,739$ 2,977,549$ 2,824,493$ 3,039,833$ 84,907$ 3,281,987$ 2,507,831$

2,298,087$ 2,270,453$ 2,369,397$ 2,578,008$ 2,906,173$ 3,135,270$ 3,136,562$ 66,076$ 3,440,621$

253,972$ 209,252$ 252,953$ 24,608$ 235,120$ (102,908)$ (115,376)$ (117,692)$ (3,637)$ (102,761)$

$699,535 713,877$ 661,483$ 653,633$ 618,005$ 709,812$ 739,311$ 42,724$ 696,178$

$1,258,652 989,958$ 408,056$ 358,546$ 524,078$ 284,647$ 504,813$ 40,092$ 342,424$

**Beginning Fund Balance represents the accumulated revenues in excess of expenditures for the immediate year ended and prior years. The Fund Balance is commonly referred to as the "Reserve," which is different from the total of long-term investments or total assets. Prior year's unrealized gains and losses are included in this balance since they are a type of revenue. The Ending Fund Balance is the sum of the Beginning Fund Balance and the net of the year-to-date revenue and expense, which include the current year's unrealized gains or losses.

***Primarily dues collected for the next bar year (beginning September 1). Beginning in FY2012, dues revenue will be reported on an accrual basis.

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MINUTES AMERICAN BAR ASSOCIATION

SECTION OF REAL PROPERTY, TRUST, AND ESTATE LAW Council Meeting, Palm Beach, Florida

November 11, 2012 The following members were present in person or by phone: Brading, Ed Council (RP), Probate and Property Dietrich, David Secretary Durham, Jim Assistant Secretary (RP) Dynkowski, Darius Group Chair – Land Use Engelhardt, Jo Ann Finance Officer English, David Delegate Franklin, Terrence M. (TE) Freedman, Rob Incoming SCM Gary, Susan Council; Member Planning Goler, Michael Communications Co-Chair Gorin, Steve Council (TE) Krapf, Rob Vice Chair (RP) Kroch, Carol Council (TE) Lee, Elizabeth Council Leung, Frank Law Student Liaison (TE) Lieberman, David Vice-Chair Loomis-Price, Stephanie (TE) Lucero, Orlando Council (RP Marzullo, Jo-Ann Council Palmieri, Andrew Chair Pitkowitz, Nikolaus Liaison Section of International Law Porter, Susan Council Portuondo, Tina Chair-Elect Robin Roy Staff Rothschild, Gideon Division Vice Chair Sawyer, Caitlin LSD Liaison – Real Property Shepherd, Kevin House of Delegates, Post Chair Steele, Robert D. (TE) Tang, David Delegate Waldman, Ira Council Webster, Aen Walker (TE) Wine, James C. Council Wright, Kenneth C. (RP)

1. Welcome and Opening Remarks. Andrew Palmieri began the meeting by welcoming those members on the phone and acknowledging Susan Talley’s excused

2

absence due to a death in her family. Andrew welcomed David Tang, Kevin Shepherd, and acknowledged Beverly Quail’s attendance in previous activities during the Annual Meeting. Andrew also welcomed Frank Leung and Caitlin Sawyer, Law Student Division Liaisons from respectively the Trusts & Estates and Real Property Divisions. Andrew also acknowledged Nikolaus Pitkowitz, the Liaison from the Section of International Law as well as David Lieberman who is assisting David English with House of Delegate matters specifically litigation matters relative to proposed Resolution 101; Mr. Lieberman specializes in litigation and medical malpractice cases. Andrew also acknowledged Kierra Jarrett of the ABA Government Affairs Office and Susan Nolte, the Director of Administrations and Operations for the Professional Services Division of the ABA. Andrew also thanked Hamilton, Beach and Lorch, a sponsor, and recognized Ryan Walsh, a member of that firm. 2. Approval of Minutes, May 2012 Meeting. Upon motion duly made and seconded, the Minutes of the May 2012 Council Meeting were approved. 3. ABA Update. Report from Section Delegates. David Tang, David English and Kevin Shepherd each gave reports. David Tang began by discussing new developments with the Ethics 20/20 Initiative. Resolution 101A would again sanction fee sharing non-lawyers. Washington D.C. does allow attorneys to share fees with non-lawyers. The Ethics 20/20 Initiative desires to reaffirm the principal of no fee sharing with non-lawyers. The Sections of Business Law, Taxation and Litigation all oppose fee sharing. Upon motion duly made and seconded, it was unanimously voted to oppose Resolution 101A and support the prohibition on fee sharing with non-lawyers. David also explained Resolution 105F which would revise conflict of interest rules when lawyers move, merge their practices or sell their practices. The issue is when and under what circumstances lawyers should approach clients under such circumstances. David also explained Resolution 105C regarding confidentiality in the event of outsourcing of word processing. Kevin Shepherd explained Resolution 100, the so called Pit Bull Resolution. The Resolution strives to “breed neutrality and to eliminate strict liability for claims against owners of pit bulls.” The Resolution encourages a focus on the behavior of the animal, not the breed, and seeks to avoid a panic policy. The Bill is important for commercial and residential landlords. Upon motion duly made and seconded, Council approved a Resolution to co-sponsor the Resolution in favor of breed neutral responsible pet ownership. (Certain members were heard to vote in favor by imitating canine woof sounds, there were no meows in opposition.)

3

David English reported on Resolution 101 regarding standards for expert witnesses. Both Divisions of the Section have reviewed and sought the assistance of David Lieberman and Lauren Nentz. David Lieberman explained his litigation practice. The standards set forth five basic guidelines including integrity, competence, confidentiality, avoidance of conflicts of interest and avoidance of experts charging contingent fees. Mr. Lieberman then explained that imposing uniform guidelines do not fix problems with experts. The Resolution is predicated on a false premise that uniform guidelines are needed. He recommended that the Section oppose the Resolution. Kevin Shepherd observed that while the guidelines purport to not establish a standard of care, when carefully reviewed, they in fact do, and would likely increase disqualification and delays. Upon motion duly made and seconded, David English’s motion to oppose the Resolution was passed unanimously. David also discussed two other resolutions regarding guardianship standards and elder abuse which he expects the house delegates will approve unanimously. 4. Financial Report. Jo Ann Engelhardt gave the fiscal year 2013 financial report. She explained that we are operating under a deficit budget. There are several reasons. Sponsorship has been budgeted conservatively; Section dues have been reduced and there is a slight increase in expenses due to the associate membership initiative. In addition, publishing revenues are down. She anticipates a $309,000.00 deficit. This is nothing to be worried about, however, inasmuch as our reserves are designed to benefit us. Jo Ann thanked Gideon Rothschild and Susan Porter for their involvement with the Investment Committee. She explained that our reserves are at approximately $3 Million Dollars and that investment allocations are being reviewed. There has been an increase of the ABA “give back” number” from $67,000.00 to approximately $72,000.00. Upon motion duly made and seconded the 2012-2013 budget was approved. 5. Division Reports. Trust and Estates. Gideon gave the report of the Trusts & Estate Division stating that the sub-council meeting reviewed the successes of the Spring Meeting and looks forward to the Fall Joint Meeting, with increased cooperation with the Tax Section. In addition, sub-council approved Uniform Law Commission advisers on projects relating to trust decanting, trust protectors, digital media and powers of appointment. Gideon also expressed that publications including Journal articles are on track and that a paralegal ECLE program will be starting in January. He also explained that the Wills for the Indigent project is in the starting stage with a particular focus on implementation through a law school clinic.

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Real Property. In Susan Talley’s absence, Rob Krapf gave the report. He explained that sub-council discussed the breed neutral landlord liability resolution. He explained that the Real Property Division is also focusing on a “Real Estate Fundamentals” ECLE program. Rob expressed that there is a need for continued emphasis on articles for the Journal and the Probate and Property Magazine. Rob explained that the RP Division will be launching a full year program for corporate sponsorship and hopes all sponsors will participate. The RP Division is also focusing on initiatives for underserved communities particularly impacted by the residential mortgage foreclosure crisis. Under consideration is a governmental initiative to encourage Fannie Mae and Freddie Mac to engage in write downs of principal. The Real Property Division is also considering joint venturing with the Business Law Section. 6. Action Item: Extend Authorization for Special Committee on In-House Counsel. Upon motion made by Jo Ann Englehardt, it was moved and seconded to extend the authorization for the Committee on In-House Counsel for another three years. Because this is a cross-divisional program, it needs to be integrated with other programs in the Sections. Andrew observed that we need to assess its success over the next three years. Jo Ann solicited additional comments and ideas after the meeting. 7. Action Item: Sponsorship on Mobile Meeting Application. David Dietrich gave a presentation on the running advertisement banner on the mobile application. After some discussion, Rob Krapf observed that we should have the Sponsorship Committee study the issue. No action was taken but there was a general consensus that using the banner as a means to maximize sponsorship was supported. Program materials, biographical materials and specific sponsorship pages should be free of competing sponsors’ banners, however. 8. Report from Susan Nolte. Susan Nolte was a former Director of RPT&E. David Tang praised her for setting the standard as an effective Section Director. 9. Report from Law Student Division Liaisons. Frank Leung, Trusts & Estates Division Law Student Division Liaison, expressed that Stetson Law School was starting an Elder Law Clinic. Caitlin Sawyer explained that she is focusing on law student involvement with the Fundamentals ECLE Program. Both expressed their pleasure in their roles as Liaisons. 10. Planning Committee Report. Tina Portuondo gave a detailed Planning Committee Report explaining its various activities. The Strategic Planning Sub Committee of the Planning Committee will be an ongoing activity; it will work in

5

conjunction with the Committee on Groups and Substantive Committees and will focus on: a. training sessions for new council members; b. coordination of council members with supervisory council members; c. the general role of council members; d. the posting of Executive Committee Meetings on the website to encourage council members to review the activities of the Executive Committee; e. the role of liaisons including a new liaison position with the Solo Small Firm GP/Division of the ABA. Tina also explained that a Sub Committee working with the Committee on Groups and Substantive Committees will review the conference calls of various groups and committees to coordinate the use of ECLE and the substance of telephonic group and committee meetings. Tina explained that the Planning Committee views law student membership as a priority for the next bar year including a grass roots approach whereby Section members may visit local law schools. Tina also explained that associate membership is a critical focus of the next bar year particularly with the six organizations that have been identified by the Trust and Estates and Real Property Divisions; Tina is putting together a working group of volunteers to implement communication with prospective associate members. 11. Report from Josephine McNeil, Liaison to the ABA Board of Governors. Josephine McNeil congratulated our group on its high standards of communication. She explained that a challenge of the current Board of Governors is the difficulty in explaining and actually balancing the budget. In her words, it has been accompanied by “pain and angst.” However, membership numbers are growing but this does not immediately correspond to higher dues because of reduced membership fees, particularly to law students. There is also a focus on increasing non-dues revenue. President Elect Bill Robinson has focused on funding the courts. Josephine noted that the sale of the Washington, D.C. office has resulted in a very functional enhancement to the ABA’s presence in Washington, D.C. Andrew Palmieri asked Josephine whether free membership is sunsetting, viewing this as a means to boost to associate membership. 12. Kierra Jarrett of the ABA Government Affairs Office. Kierra explained that one big activity of the ABA Government Affairs Office was ABA Day 2012. If the ABA has established policy on an issue, Sections may participate in Congress and give testimony. She gave an example of the re-authorization of the Violence Against Women’s Act. Kierra Jarrett expressed that her office can assist with testimony if the House of Delegates have established policy on a particular matter. In

6

addition, her office can assist with topics upon which our Section has received blanket authority and can assist with legislation. Upon questioning by Gideon Rothschild, with respect to the estate tax legislation, she elaborated that individuals must disclaim any affiliation with the ABA if no policy has been announced. None has yet been articulated by the ABA. David English added that it is possible that the House of Delegates could develop policy at the Mid-Year meeting in the event the estate tax issue is not finally resolved prior to that time. Kierra also expressed that her office can let people know in advance of upcoming legislation. Rob Krapf asked whether a RPT&E Lobby Day required the development of a policy. Kierra explained that with reference to the SEER Section on Global Climate Change, there really is no policy because the topic is so broad and her office could provide SEER with expertise; this may apply to RTP&E. Kierra also stated that if she is given at least one months’ advance notice, it is possible that we could develop a RPT&E Lobby Day and we could meet with Committee and staff or better yet do a webinar with staff to inform them on issues relevant to our Section. 13. Report from the ABA Relations Committee. David English gave a report on the ABA Relations Committee. David explained that the ABA President Elect typically makes numerous nominations. Because our “batting average” last year was one nomination out of fifteen proposed, we decided to create the ABA Relations Committee on the theory that increased RPT&E nominations would yield increased influence with the ABA generally. This year we have achieved a much better “batting average” namely four appointed nominations out of nine nominations proffered. The ABA Relations Committee encourages members to be involved and assist in the nomination process. In addition to assisting with nominations, the ABA Relations Committee will identify RPT&E candidates for ABA prizes and awards. 14. Action Item: Request for Contribution for ABA Legal Opportunity Scholarship Fund. Andrew explained that the ABA Legal Opportunity Scholarship Fund provides scholarships to law students from diverse backgrounds. Because diversity is such a big part of RPT&E and the ABA, the Executive Committee considered and recommends to the Council a $10,000.00 contribution. The Business Law Section of Litigation and Tax have provided similar contributions. Upon motion duly made and seconded, it was voted unanimously to approve the contribution. 15. Associate Membership and Revenue Generation Proposals. Tina repeated some of her comments regarding the establishment of a working group to increase associate membership. She also explained that there needs to be revenue growth with respect to continuing legal education. Andrew provided an overview of the basis for the recommendation on the increase of ECLE fees. He explained that at the Officer’s Planning Meeting there was a general consensus that rates for RPT&E members for

7

ECLE should increase from $85.00 to $95.00. In addition, other attendees’ rates for attending ECLE should increase from $60.00 to $75.00. Andrew proposed at the Fall Leadership Meeting Council a dues increase for RPT&E membership as well. Andrew explained that Robin had supplied a considerable amount of background information. Our last membership increase was in 2008 from $50.00 to $55.00 per member. Other Sections are likely to increase their dues as well and it is necessary to act quickly because of the possibility of a moratorium imposed by the ABA. Action at the Fall Leadership Meeting is critical because we need to submit this to the House of Delegates at the mid-year meeting in early February. Andrew welcomed discussion and explained that Robin can likely generate additional data. He explained that one proposal was to increase our membership from $55.00 to $70.00 for Section dues, or increase our membership from $55.00 to $75.00 with a discount or promotional code for ECLE program discounts at a $40.00 credit. Regardless, even if the Fall Leadership Meeting Council does approve the proposal, it will only be effective for the 2013-2014 bar year. There was other discussion regarding the “give back” to the ABA. It has increased from $34,000.00 in 2010 to $72,000.00 this year. Kevin Shepherd wondered what data might be available regarding attrition in other Sections with dues increase; Robin stated that no such data is available. 16. Report by Nikolaus Pitkowitz of Austria, Member of the International Law Section and RPT&E. Nikolaus is the Liaison from the International Law Section to our Section. The International Law Section is a fast growing Section of the ABA, consisting of 25,000 members and growing. The ILS focuses regional areas around the globe as well as topical issues. Its Spring meeting alternates between New York and Washington, D.C.; its Fall meeting alternates between Miami and a location in Europe. Its average attendance is approximately 1,000 lawyers. Topically, some of the issues it focuses on are immigration, cross border real estate practice and international estate planning. 17. ABA Preference Center. Tina gave a brief report on the ABA Preference Center explaining that ABA members can no tailor their email preferences to opt-in or opt-out of various email protocols. The ABA is not widely advertising this issue, however, out of fear that members will simply opt-out of everything. Mike Goler explained that communicating with members to encourage them not to opt out is critical. 18. 2012 Business Meeting. Upon unanimous vote of the Council, Andrew Palmieri adjourned the regular Council Meeting and reconvened the Council session into its regular business meeting. He confirmed that a quorum was present. The following business items were moved, seconded and approved unanimously: a. the Minutes of the 2011 Meeting were accepted;

8

b. the report of the Section Delegates to the House of Delegates was approved; c. the Financial Report of the Finance Officer was approved; and d. the Publications Committee Report was approved. In addition, Council reviewed the Nominations Committee Report, a correction was made to state the Carol G. Kroch was re-nominated as a TE Council Member. Upon motion made and duly seconded, it was unanimously approved that the slate of officers, council members and other candidates for either affirmation, nomination or re-nomination set forth in the Nominating Committee’s Report be approved, specifically items a-n, as more fully set forth on the attached Exhibit A. In addition, Andrew thanked the outgoing Officers, Council Members, and Liaisons including Barbara Sloan, T&E Council, Robert C. Paul, RP Council, and Ira J. Waldman, RP Council, as well as the LSD Liaison to the RP Division, Ashley Martin. Tina then announced the 2013 24th Annual Real Estate and Estate Planning Symposia to be held at the Capital Hilton on May 2-4, 2013. Andrew then passed the gavel to her after David Tang made the presentation of the paper weight to him. Upon motion duly made and seconded, the business meeting was adjourned. Respectfully Submitted, David J. Dietrich, Secretary

ABA Section of Real Property, Trust and Estate LawTeleconference Report -- FY2013 -- as of March 31, 2013


Date Material Phone Web Promo CLE Fees Fees Card Fees Misc TOTALReal Property ProgramsNew Market Tax Credits 9/12/2012 35$ 812$ 625$ 26$ 745$ 150$ 140$ 39$ 2,572$ MERS 10/24/2012 11 625 25 804 150 154 6 1,775Commercial Title Insuracne 11/14/2012 11 1,172 625 24 849 150 94 15 2,940Construction Contracts 1/23/2013 1,858 625 28 726 150 373 3,760Restrictive Covenants 2/20/2013 625 29 765 150 87 1,656Land Banking 101 3/27/2013 625 685 150 19 1,479

Subtotal, Regular Programs 57 3,842 3,750 132 4,574 900 867 60 14,182

Fundamentals in Comm. RE*Series 375 375Session 1 -- Purchase/Sale 1/15/2013 660 685 150 1,495Session 2 -- Leasing 2/19/2013 990 150 1,140Session 3 -- Financing 3/19/2013 990 150 1,140Session 4 4/16/2013 990 150 1,140Session 5 5/21/2013 990 150 1,140

Subtotal, Fundamentals 375 0 4,620 0 685 750 0 0 6,430

Prior Years Programs 138

SUBTOTAL, RP Programs 432 3,842 8,370 132 5,259 1,650 867 60 20,750

Trust & Estate ProgramsNon-Tax Bus. Succession 9/20/2012 287 625 24 800 150 28 1,914GOTCHA Transaction 10/3/2012 385 625 23 787 150 34 2,004Making Plan Work 10/16/2012 625 22 800 150 1,597Behind the Scenes -- IRS 10/30/2012 11 625 26 800 150 19 1,631Offshore Asset Protection 11/13/2012 11 338 625 47 800 150 9 6 1,986Tax Apportionment 12/4/2012 35 309 625 26 840 150 8 6 1,999Tax/Exit Strategies 1/29/2013 658 625 26 150 71 1,530Chapter 14 Essentials 2/5/2013 625 27 150 52 8542012 Gift Tax Returns 3/5/2013 625 850 150 44 1,669Clash Btwn EP and Family Law 3/19/2013 625 800 150 1,575

Subtotal, Regular Programs 57 1,977 6,250 221 6,477 1,500 246 31 16,759


Date Material Phone Web Promo CLE Fees Fees Card Fees Misc TOTAL

Paralegal Training**Series 1,000 353 3,033 4,386Session 1 -- Estate Planning 1/9/2013 660 164 824Session 2 -- Trust Funding 2/13/2013 990 196 1,186Session 3 -- Estate Admin 1 2/27/2013 990 171 1,161Session 4 -- Estate Admin 2 3/13/2013 990 147 1,137Session 5 4/24/2013 990 28 1,018Session 6 5/8/2013 990 28 1,018Session 7 6/12/2013 990 28 1,018Session 8 7/10/2013 990 990Session 9 990 7 997Session 10 990 21 1,011

Subtotal, Paralegal Program 0 0 9,570 1,000 0 0 1,143 3,033 14,746

Prior Years Programs 3,420

SUBTOTAL, TE Programs 57 1,977 15,820 1,221 6,477 1,500 1,389 3,064 34,925

TOTAL 489$ 5,819$ 24,190$ 1,353$ 11,736$ 3,150$ 2,256$ 3,124$ 55,675$

TOTAL BUDGET 62,310$

* RP Fundamentals Series PricingGeneral = $700ABA Member = $600RPTE Member = $380Secondary = $300

**Paralegal TrainingSessions 9 and 10 to take placein FY2014Series Pricing = $700Individual Sessoins - $70

ABA Section of Real PropTeleconference Report -- F

Real Property ProgramsNew Market Tax CreditsMERSCommercial Title InsuracneConstruction ContractsRestrictive CovenantsLand Banking 101

Subtotal, Regular Programs

Fundamentals in Comm. RE*SeriesSession 1 -- Purchase/SaleSession 2 -- LeasingSession 3 -- FinancingSession 4Session 5

Subtotal, Fundamentals

Prior Years Programs

SUBTOTAL, RP Programs

Trust & Estate ProgramsNon-Tax Bus. SuccessionGOTCHA TransactionMaking Plan WorkBehind the Scenes -- IRSOffshore Asset ProtectionTax ApportionmentTax/Exit StrategiesChapter 14 Essentials2012 Gift Tax ReturnsClash Btwn EP and Family Law


REVENUEProduct NET


17,560$ 535$ -$ 18,095$ 15,523$ 22,660 635 23,295 21,52022,190 1,365 635 24,190 21,25044,165 (1,360) 42,805 39,04511,145 (80) 11,065 9,409

7,215 7,215 5,736124,935 2,535 (805) 126,665 112,483

49,920 49,920 49,5456,119 6,119 4,6245,971 5,971 4,8319,079 9,079 7,9397,027 7,027 5,8875,385 5,385 4,245

83,501 0 0 83,501 77,071

480 342

208,436 2,535 (1,610) 210,646 189,896

3,480 3,480 1,5665,350 15 5,365 3,3612,240 2,240 6432,115 2,115 4846,850 (175) 6,675 4,6893,555 125 3,680 1,6819,945 9,945 8,415

10,865 10,865 10,01120,435 20,435 18,766

4,535 4,535 2,960

69,370 0 (35) 69,335 52,576




SUBTOTAL, TE Programs

TOTAL

TOTAL BUDGET



REVENUEProduct NET


46,200 46,200 41,8149,800 9,800 8,976

10,570 10,570 9,38410,010 10,010 8,84910,010 10,010 8,873

6,790 6,790 5,7725,810 5,810 4,7925,810 5,810 4,7924,760 4,760 3,7704,900 4,900 3,9035,460 5,460 4,449

120,120 0 0 120,120 0 105,374

7,778 4,3580

189,490 0 (35) 197,233 162,308

397,926$ 2,535$ (1,645)$ 407,879$ 352,204$

159,750$ 97,440$










REGISTRATION$150


22 41 72 24 0 1 18 17844 62 56 15 22 19936 36 110 19 19 22046 109 139 70 25 38918 15 66 34 13 146

2 11 13 6 25 54168 274 456 168 50 1 72 1,186

2 26 74 16 47 1656 20 36 0 51 1137 16 37 1 77 138

14 28 43 11 85 1817 22 36 7 86 1585 15 33 2 87 142

41 127 259 37 0 0 433 897

0

209 401 715 205 50 1 505 2,083

2 3 28 5 19 572 6 40 4 34 861 3 17 52 733 2 12 2 13 32

15 15 20 1 29 804 7 19 17 475 20 56 10 12 1035 9 57 11 16 98

21 22 118 30 24 2154 7 23 8 29 71

62 94 390 71 16 0 229 862





TOTAL

TOTAL BUDGET



REGISTRATION$150


66 66140 140151 137143 143143 143

97 9782 8282 8268 6870 7078 78

1,120 0 0 0 0 0 0 1,106

00

1,182 94 390 71 16 0 229 1,968

1,391 495 1,105 276 66 1 734 4,051










MARKEmail #1 Email #2

Date Number Number Open Number Click-Thru Date Number Number Open Number Click-ThruSent Sent Opened Rate Click-Thru Rate Sent Sent Opened Rate Click-Thru Rate

9/5/12 75,985 12,701 16.72% 314 0.41% 9/10/12 75,949 12,681 16.70% 446 0.59%10/1/12 119,678 26,307 21.98% 561 0.47% 10/3/12 119,608 23,840 19.93% 381 0.32%

10/29/12 126,126 25,555 20.26% 327 0.26% 11/7/12 126,068 23,574 18.70% 454 0.36%12/6/12 115,078 25,533 22.19% 281 0.24% 1/2/13 117,799 26,767 22.72% 443 0.38%1/20/13 37,903 0 0.00% 408 1.08% 2/13/13 37,487 233 0.62% 0 0.00%2/15/13 57,370 443 0.77% 0 0.00% 3/6/13 57,517 12,033 20.92% 295 0.51%

532,140 90,539 17.01% 1,891 0.36% 534,428 99,128 18.55% 2,019 0.38%

12/11/12 93,012 24,011 25.81% 351 0.38%12/26/12 94,696 20,567 21.72% 256 0.27% 1/8/13 94,333 21,131 22.40% 495 0.52%

1/29/13 94,419 18,840 19.95% 289 0.31% 2/12/13 93,757 14,960 15.96% 303 0.32%2/26/13 89,608 12,416 13.86% 227 0.25% 3/12/13 75,696 11,291 14.92% 156 0.21%3/26/13 76,360 10,345 13.55% 201 0.26% 4/9/13 84,176 0.00% 0.00%

448,095 86,179 19.23% 1,324 0.30% 347,962 47,382 13.62% 954 0.27%

9/13/12 32,729 5,962 18.22% 250 0.76% 8/30/12 32,343 6,016 18.60% 126 0.39%9/18/12 49,246 11,003 22.34% 518 1.05% 9/18/12 32,739 6,674 20.39% 235 0.72%10/9/12 49,935 9,089 18.20% 277 0.55% 10/20/12 49,935 9,089 18.20% 277 0.55%

10/16/12 32,022 6,381 19.93% 167 0.52% 10/23/12 32,072 6,279 19.58% 83 0.26%11/7/12 53,086 11,661 21.97% 245 0.46% 11/12/12 53,044 11,086 20.90% 353 0.67%

11/27/12 41,849 9,655 23.07% 184 0.44% 12/3/12 41,438 7,896 19.05% 79 0.19%

1/18/13 32,485 8,748 26.93% 179 0.55% 1/29/13 32,440 7,141 22.01% 115 0.35%2/19/13 43,779 11,519 26.31% 217 0.50% 2/26/13 48,461 7,505 15.49% 101 0.21%3/12/13 48,048 7,844 16.33% 106 0.22% 3/12/13 48,048 7,844 16.33% 106 0.22%

383,179 81,862 21.36% 2,143 0.56% 370,520 69,530 18.77% 1,475 0.40%





TOTAL

TOTAL BUDGET



MARKEmail #1 Email #2











KETINGEmail #3 Email #4


9/5/12 75,949 12,701 16.72% 446 0.59% 41,162 75,949 12,681 16.70% 446 0.59%10/17/12 119,327 20,742 17.38% 299 0.25% 10/22/12 119,194 20,487 17.19% 1,432 1.20%11/12/12 125,907 21,106 16.76% 342 0.27% 11/12/12 125,907 21,106 16.76% 342 0.27%

1/16/13 116,926 21,784 18.63% 412 0.35% 1/22/13 116,798 22,145 18.96% 296 0.25%2/18/13 37,443 8,954 23.91% 174 0.46%3/20/13 58,268 8,325 14.29% 90 0.15% 3/25/13 58,296 7,554 69

533,820 93,612 17.54% 1,763 0.33% 496,144 83,973 16.93% 2,585 0.52%

1/14/13 94,398 11,201 11.87% 185 0.20%1/29/13 93,757 14,960 15.96% 303 0.32%2/25/13 89,608 12,416 13.86% 227 0.25%3/26/13 76,360 10,345 13.55% 201 0.26%

354,123 48,922 13.81% 916 0.26%

12/5/12 41,371 6,758 16.34% 133 0.32% 1/15/13 41,670 7,611 18.26% 149 0.36%

41,371 6,758 16.34% 133 0.32% 41,670 7,611 18.26% 149 0.36%





TOTAL

TOTAL BUDGET



KETINGEmail #3 Email #4


American Bar AssociationSection of Real Property, Trust and Estate Law

2010-2013 Group/Committee/CLE Calls

Group Committee Date Participants TitleLegal Ed Group 6/13/12

24

Uniform Laws Group for a monthly call featuring a panel of three law professors who will highlight and discuss recent real property cases of note. The June panel will include John Orth, Shelby Green, and Ray Brescia.

Legal Ed Group 8/8/12

25

Professors’ Corner August 2012’s teleconference, moderated by Professor James Geoffrey Durham of the University of Dayton School of Law, features three scholars discussing recent land use cases of interest: Professor Stephen R. Miller, Associate Professor, University of Idaho College of Law, will be discussing a pending California case, San Francisco Beautiful v. City and County of San Francisco, et al. (Case No. CPF‐12‐512217, S.F., Cal., Superior Court). The suit challenges the City’s settlement agreement with Metro Fuel, LLC (“Fuel”) that would have ended litigation initially brought by Fuel. The conversation will first focus on procedural challenges made by the San Francisco Beautiful petition, then turn to Fuel’s constitutional claims in this and other cases (Metro Fuel LLC v. City of San Francisco, C 07‐6067 PJH, 2011 WL 900318 (N.D. Cal. 2011); Metro Lights LLC v. City of Los Angeles, 551 F.3d 898 (2009), cert denied, 130 S. Ct. 1014 (2009).), which have resulted in some


52

Professors’ Corner: Astrue v. Caputo: Implications for Estate Planners This panel will address the Supreme Court’s Caputo decision regarding the eligibility of a child conceived by IVF after the father’s death to receiver survivor benefits. Panelists will include Professor Kristine Knaplund (Pepperdine University), Professor Sheldon Kurtz (University of Iowa) and Carole Bass (SNR Denton, New York). For further information and a link to the Caputo decision, see the group webpage.


Professors’ Corner: Can/Should Municipalities Use Eminent Domain to Take Mortgages to Facilitate Mortgage Modifications?

To: Susan Talley, Chair-ElectFrom: Edward T. Brading, 423-262-8571, [email protected]: Liaison report — ABA JournalDate: April 8, 2013

On February 9 I attended the ABA Journal Liaison Meeting at the ABA Midyear Meeting in Dallas(10 - 11 am, Rm. 110, 28 Floor Tower, Hilton Anatole). About eleven other people attended,th

including John Tarpley, Robert Rupp (ABA), Allen Pusey (staff editor of ABAJ), Kathleen Hopkins,M. Flowers, Alice Richmond, Rick Williamson (YLD liaison), Cyndi Nance (Diversity liaison), RewGoodenow, and a couple of others.

Allen Pusey, echoed by John Tarpley, said that ABAJ does not aim to be a magazine of substance. I am hard-pressed to recall what he said ABAJ’s aim is, if anything.

Pusey said that the McElhaney column had been discontinued and replaced by a column written byBrian Garner. McElhaney now suffers from Alzheimer’s disease. Pusey said that he re-ran severalcolumns of McElhaney toward the end in order to get McElhaney 25 years of service with ABA,after which certain benefits inure. There was general agreement that Garner was no substitute forMcElhaney.

Pusey said that advertisers value the print product and that he does not want to lose print. There wassome general discussion about Twitter feeds, ABAJ’s $1.8 million annual printing expense, and theABAJ as a member benefit.

Pusey said that the New York Times had stolen a story of ABAJ, without credit, titled “Pricing Amy.” ABAJ has engaged in talks with Amazon at some point but is not engaged in discussions with itnow. An “upsell” strategy is something that ABA does not have, in Pusey’s view. There was somediscussion about content being accessible by persons who are not ABA members and the debatebetween clawing back content and letting it all be available. Pusey encouraged liaisons to pitchstories to ABAJ.

TO: Susan Talley, Chair Elect FROM: Michael D. Goler, RP liaison to SCOTIS CC: Joseph Hodges, TE liaison to SCOTIS DATE: April 4, 2013 SUBJECT: Report as RP liaison to SCOTIS While I am a regularly appointed member of, and attend all of the meetings of, the ABA Standing Committee on Technology and Information Services (“SCOTIS”), I am also attending those meetings in my capacity as liaison from the RP Division, I attended in person the most recent “live” SCOTIS meeting at the ABA mid-year meeting in Dallas on Friday, February 8, 2013. This meeting went for 3 5 hours and covered the following issues:

1. AMS system status Jess Moyar reported that plans are proceeding to have the new AMS installed and launched by Sept 2013 and the old/existing system terminated by the end of the current fiscal year. They will retain the old system (including the webstore) for a time period as yet undetermined. The new system includes an eBusiness suite (3rd party applications integrated with Personify - "Business Objects') and mobile apps -tightly integrated with the AMS and should work well with CQ5 (but capability will exist to bypass CQ5 when uploading/downloading materials). Usability testing by the vendor with lawyers (both ABA and non-ABA members) is not done yet with some of the ABA's more customized pages (myABA, membership, etc). With respect to the new webstore, there was discussion about the host payment system, as well as the issue of including "reviews" (a la Amazon style) of materials (which was killed by Publications staff because Publications did not want to have the “ratings stars” listed for materials). Staff is using new style guide from the ABA digital marketing group; the screen shots we were provided are wireframes only, subject to revision; comments were made on the screenshots, particularly a concern about the risk with "One Click" (staff will check with ABA General Counsel on this and related issues), but we all agreed on the goal of putting as much information and guidance to members as possible on each page

2. Technology update:

Joe Andrews discussed (i) updated security capacity, including the expansion of

intrusion detection and prevention capabilities, (ii) upgraded staff to MS Office 2010 software; (iii) implementation of a new support ticket system for staff (assists in staff management); (iv) improvements in back office capacity and infrastructure; (v) recently completed analysis of purchasing v. leasing equipment which is not being changed yet but will be re-evaluated after budget process is done; (vi) plans to add wireless coverage throughout ABA offices and installing VoIP in the new DC offices this spring; (vii) upgrading Web CMS and CQ5; (viii) working on RFP bids on "email as a service" being

evaluated (currently focusing on migration process, which all agreed needs to be seamless and is not yet); and (ix) supporting Center for CLE efforts

3. Discussion of the IS budget Joe Andrews led this discussion, with much input from Harold Pope (BOG liaison to SCOTIS); ABA has proposed a flat budget for IS and staff is not sure yet how handling of the ABA deficit will affect the IS budget; staff still plans to roll out VoIP in Chicago, replace firewalls, adding virtual desktop installation (to dramatically improve mobile work experience for staff), continue replacing staff computer equipment. Joe will provide SCOTIS with an update if IS gets pressure for cuts.

4. Email situation – there was a detailed discussion of the recent insurance "pilot" email snafu, along with an update of the email working group, member preference center and taxonomy restructure.

5. Liaison reports SCOM - discussion that simply acquiring new collaboration tools will not change the culture and way ABA staff does business -SCOPO -Vince Polley from SCCLE talked about rolling out new products and programs, particularly focusing on GPSolo (ex. "all the CLE you can eat" for free) -Vince reported on Admin5 conversations, discussed the "content" project, explained about the Cybersecurity Task Force and what it is doing. Mike Fleming & Josh Poje reported on the potential “cloud” NDR program. They are currently working to put together a draft RFP and discussed status and plans, plans are to get it out by end of February 2013 and get responses by mid-April. They already have received an offer from an "ad hoc" group of lawyers in Chicago (International Legal Standards Association) interested in doing the same thing SCOTIS is looking to do, and they have offered us their materials and draft standards to consider incorporating in our proposal. They continue to believe the cloud is something we need to be pursuing, based on anecdotal investigation. Planning for upcoming meetings -continue monthly telephone calls -discussion of whether to have a second ”live” spring meeting in Chicago on May 10th

1

Roy, Robin

From: James Carey <[email protected]>Sent: Monday, April 08, 2013 10:21 AMTo: Susan G. TalleyCc: Mignogna, Steven; Roy, RobinSubject: Report of the Liaison to the Dispute Resolution Section

Susan: Here is my report of activities during the past year related to my role as liaison to the Dispute Resolution Section: I spent nine months developing and just co‐presented a well‐received panel presentation on “Everything a Mediator Needs to Know About Trust and Estate Disputes” to the 15th Annual Section of Dispute Resolution Spring Conference. The presentation was very well attended (full room‐60 or so) and is going to be re‐purposed in the coming year. Joining me on the panel were two members of the DR Section, including Zena Zumeta, who I understand to be fairly involved with Section matters. In addition, I became a member of the Advisory Committee formed by the DR Section which was formed to foster opportunities to share information and develop collaborative activities between the DR Section and other entities with dispute resolution committees. The other members of the Advisory Committee are: Advisory Committee Chair Geetha Ravindra – Vice Chair, Section of Dispute Resolution, Glen Allen, VA Members 2012‐2013 Business Law – Peter Phillips, Montclair, NJ Criminal Justice ‐ Roger Fairfax, Washington, DC Environment, Energy, and Resources ‐ John F. Gullace, Bala Cynwyd, PA Family Law ‐ Frances Ross Nolan, Birmingham, AL Intellectual Property Law – Harrie Samaras, Westchester, PA International Law – Edna Sussman, New York, NY Labor and Employment – Stephen Gordon, St Paul, MN Litigation ‐ Bruce Rubin, Portland, OR Public Contract Law ‐ Linda Maramba, Falls Church, VA

Our first call was in July 2012; the second call was on 2/20/13, with the following items being discussed:

Report on ADR Related Projects that your Section is undergoing Areas of Collaboration |CLE Programming | Publications | other ideas? Section of Dispute Resolution Spring Conference April 3‐6th 2013 at the Fairmont Chicago

Finally, I reported to the DR Section that our committee was sponsoring a program at the Spring Symposia entitled “Staying Out of Court: Better Mediation in Trust & Estate Disputes.”

1

Roy, Robin

From: Lockett, Laurel <[email protected]>Sent: Thursday, April 11, 2013 4:27 PMTo: Talley, Susan G.; Portuondo, Tina; Roy, RobinCc: Stout, Robert; Tinkler, Kenneth A.; Darius Dynkowski (Condemnation Ch); Steve Romine

(SCM); [email protected]: STATUS REPORT TO RPTE LEADERSHIP REGARDING ACTIVITIES OF THE ABA

ENVIRONMENTAL, ENERGY AND NATURAL RESOURCES COORDINATING COMMITTEE

Attachments: ltr Renee Dopplick, ABA Section of International Law - One Million Trees....pdf; Sustainability Subcommittee Report (01525219).pdf; NNC Numeric Nutrient Criteria Subcommittee Report (01525218).pdf

Importance: High

The following is my report as the RPTE Liaison to the ABA ENVIRONMENTAL, ENERGY AND NATURAL RESOURCES (EENR) COORDINATING COMMITTEE. WHAT THE COORDINATING COMMITTEE As I think everyone is aware, the “EENR Coordinating Committee” is the reformulated successor of the ABA Standing Committee on Environmental Law, which now operates under the umbrella of SEER. John Milner is the current chair of the Committee, and is doing an outstanding job moving the Committee forward into its during reformulation and redirection. NEW GOALS OF THE COMMITTEE During last year, which was viewed as a transition year, the Committee looked at past functionality of the ABA Standing Committee and how that role could or should be updated. The Standing Committee had done an excellent job disseminating information of the activities of the Sections of which it was aware, putting on the “Hot Topics” program at the ABA Annual Meeting, and hosting an annual policy‐focused conference, but the consensus was that the new organization could be and do more, proactively, to help the Sections, Forums and Divisions (SDFs) coordinate and promote environmental programming, public service projects, publications, and other environmental initiatives. ACTIVITIES OVER THE LAST YEAR AND UPCOMING Over the last year the Committee has reached out to those SDFs that were not part of the Standing Committee on Environmental Law, and have brought more representation and groups into the Committee – broadening and strengthening the group as a whole. A webpage for this Committee is under construction. We were just provided a link to the draft which is under construction: http://apps.americanbar.org/dch/committee.cfm?com=NR605250. All information on the RPTE environmental related committees and programs has been provided and they are in the process of adding our info, along with that of the other SDFs that are participating. Once it has been “completed”, the Committee we will be working on more self‐implementing methods of keeping it up to date. A number of working group (subcommittees) within the Committee have been formed to work on specific programming of potential multi‐SDF interest:

Onshore Disaster Response (OSD) ‐‐ which I am co‐chairing with David Johnson (Young Lawyers Division) Numeric Nutrient Criteria ‐ John Milner and Bill Sloan, Co‐Chairs. A draft program description is attached above. One Million Trees (ABA initiative) ‐ Neil Johnston and David Scriven‐Young, Co‐Chairs. A letter is attached that

provides a more comprehensive description of this ABA Public Service Program than we have previously received, and how the Section, its committee or even individual members could participate. I would like to see if there is some vehicle for dissemination of this information to appropriate folks within the Section for further consideration.

MARINA B. JACKS Associate Executive Director

Chief Governance Officer

AMERICAN BAR ASSOCIATION

321 North Clark Street Chicago, Illinois 60654-7598 (312) 988-5152 FAX: (312) 988-5153 [email protected]

M E M O R A N D U M

TO: Section and Committee Chairs Presidents and Executive Directors of State and Local Bar Associations State and Section Delegates in the House of Delegates ABA Directors and Department Heads FROM: Marina B. Jacks SUBJECT: Summary of Action of the February 2013 Board of Governors Meeting DATE: February 14, 2013 Attached is the Summary of Action of the January 24, 2013, meeting of the Board of Governors, held by conference call, and the February 7-8, 2013, meeting of the Board of Governors held at the Hilton Anatole in Dallas, Texas. This Summary does not constitute official Minutes of the meeting. Minutes for the February 7-8, 2013, meeting will be presented to the Board for approval at the next meeting, in June 2013. If you have any questions with respect to the action taken, please let me know. CC: Board of Governors Attachment

________________ Summary of Action January 24, 2013, and February 7-8, 2013, Board of Governors Meetings Page 1

SUMMARY OF ACTION AMERICAN BAR ASSOCIATION

BOARD OF GOVERNORS

Conference Call January 24, 2013

and

Hilton Anatole Dallas, Texas

February 7-8, 2013 1. REPORTS OF OFFICERS AND THE EXECUTIVE DIRECTOR The Board received the reports of the President, President-elect, Chair of the House of Delegates, Immediate Past President, Secretary, Treasurer and Executive Director. The minutes of the Board's November 10, 2012 meeting in Puerto Vallarta, Jalisco, Mexico1; and January 24, 2013 meeting (by conference call) were approved as presented. The minutes of the Executive Committee’s meetings of November 19, 2012*; and January 9* and January 24, 2013 by conference call were received. 2. MATTERS FOR DIRECT BOARD ACTION 2.1 House Reports The Board discussed, but did not vote, on the following four Resolutions with Reports submitted to the House of Delegates for the 2013 Midyear Meeting: a) Resolution 107A: (Primary Sponsor: Commission on Ethics 20/20) Amends Rule 5.5(d) of the ABA Model Rules of Professional Conduct (Unauthorized Practice of Law; Multijurisdictional Practice of Law) to permit foreign lawyers to serve as in-house counsel in the U.S., but with the added requirement that foreign lawyers not advise on U.S. law except in consultation with a U.S.-licensed lawyer. b) Resolution 107B: (Primary Sponsor: Commission on Ethics 20/20) Amends the ABA Model Rule for Registration of In-House Counsel to permit foreign lawyers to serve as in-house counsel in the U.S. but with added requirements.

1 *Items considered by the Board of Governors during its January 24, 2013, meeting by conference call are noted with an asterisk (*).


c) Resolution 107C: (Primary Sponsor: Commission on Ethics 20/20) Amends the ABA Model Rule on Pro Hac Vice Admission to provide judges with guidance about whether to grant limited and temporary practice authority to foreign lawyers to appear in U.S. courts. d) Resolution 107D: (Primary Sponsor: Commission on Ethics 20/20) Amends Model Rule 8.5 of the ABA Model Rules of Professional Conduct to address an increasingly common choice of law problem arising in the context of conflicts of interest. 2.2a. Request to Approve ABA Legislative and Governmental Priorities The Board approved the following ABA Legislative and Governmental Priorities for 2013, as recommended by the Standing Committee on Governmental Affairs and the Governmental Affairs Office:

Access to Legal Services Campaign Finance and Election Law Reform Criminal Justice System Improvements and Gun Violence Prevention Elimination of Discrimination Immigration Reform Independence of the Judiciary Independence of the Legal Profession International Rule of Law National Security and Civil Liberties

2.2b. Presentation Regarding Political Action Committee Mark A. Tuohey III, Chair of the Standing Committee on Governmental Affairs, Stephen M. Ryan, a member of the Standing Committee on Governmental Affairs and an expert regarding political action committees (PACs), and Thomas M. Susman, Director of the Governmental Affairs Office, presented to the Board an informational report regarding the proposal to form an American Bar Association PAC. The report included a discussion of the definition of a PAC, the goals of a PAC, contribution strategies, and the pros and cons of forming a PAC. The agenda materials provided to the Board also included sample bylaws for an ABA PAC as well as frequently asked questions and answers. 2.3 Membership Update Thomas R. Curtin, Chair of the Board’s Membership Subcommittee of the Operations and Communications Committee, and Sandra R. McCandless, a Membership Subcommittee member, led the Board’s discussion regarding membership. To provide context, it was noted that the challenges facing the Association’s membership are not new. The challenges are due, in part, to the economy and differences among generations. The Association does not have clearly defined membership goals and the Standing Committee on Membership and the ABA Membership and Marketing Department need direction from ABA leadership. Furthermore, ABA membership has


declined. Therefore, a decision must be made: Does the ABA stay the course? Does the ABA need assistance regarding membership? If the Association determines that assistance is needed, who will provide the assistance? The Board then heard a presentation from Steve Adelstein, CEO of Trillium Solutions Group (Trillium). The retention of Trillium was authorized by the Board in November 2012 to evaluate and make recommendations regarding the ABA Membership and Marketing Department’s existing priorities, policies and structure. Trillium will issue a final report of its findings at the end of February 2013.

After further discussion, the Board authorized the Executive Director to develop and present business plans that will include specific action items to improve ABA membership, marketing, and non-dues revenue efforts. A business plan to enhance the ABA’s non-dues revenues will be made available for review by the Executive Committee and the Finance Committee not later than the time of the Finance Committee meeting on April 18, 2013. A business plan for Membership and Marketing is due at the June 2013 Board meeting. To develop the business plans, the Board authorized the Executive Director to identify any necessary resources outside the ABA, including consultants, and to obtain bids for any needed work.

2.4 Fund for Justice and Education The Board, sitting as the members of the Board of the American Bar Association Fund for Justice and Education (ABA/FJE) a) heard a presentation from Palmer Gene Vance II, Chair of the Council of the FJE, regarding the report prepared by Campbell & Company on the FJE Resource Development Initiative, a project to develop a fully functional ABA Resource Development Office in order to increase revenue to meet the needs of the ABA’s public service programs. In addition, the ABA/FJE Board b) approved the minutes of the November 10, 2012, meeting of the ABA/FJE Board as presented* and c) accepted the ABA/FJE restricted grants and contributions received or awarded through December 31, 2012, and not previously reported, as requested by the Association's Financial Services Division.* 2.5 Request for Adoption of Memorial Resolutions* The Board passed memorial resolutions recognizing the accomplishments, standards and achievements of former ABA President William Reece Smith, Jr. who passed away January 11, 2013; and b) former ABA Board member Gary A. Munneke, who passed away November 22, 2012. 2.6 Tort Trial and Insurance Practice Section Request for Adoption of Resolution to Commemorate the Section’s 80th Anniversary* The Board adopted a resolution to commemorate the 80th anniversary of the Tort Trial and Insurance Practice Section.


2.7 Interim Report from the Committee on Board Procedures and Operations Allen C. Goolsby, Chair of the Committee on Board Procedures and Operations (Procedures Committee), presented the interim report of the Procedures Committee. Mr. Goolsby advised that several of the recommendations of the Procedures Committee have been implemented (e.g., Sections are invited to give in-depth presentations to the Board at Board meetings). A draft of the Procedures Committee’s final report will be submitted at the June 2013 Board meeting and it is anticipated the final report will be submitted to the Board for consideration in August 2013. Follow up: Sections/Section Officers Conference Honorable Mary Ellen Coster Williams, a member of the Procedures Committee, presented a follow up report regarding ABA Sections and the Section Officers Conference. At the November 2012 Board meeting, over 20 ideas were suggested to enhance the relationship between Sections and ABA leadership. Several of the ideas have been implemented, including a) inviting Sections leaders to present in depth reports at Board meetings, b) advising Sections to contact Executive Director Rives with any questions or concerns they have, c) permitting Sections to inform the ABA President-elect of their Board liaison preferences, and d) encouraging Sections to communicate to the Board regarding information or recommendations that they have. 2.8 Report Regarding Strategic Planning Cheryl I. Niro, Chair of the Board’s Program, Evaluation and Planning Committee, discussed a draft template of an organizational strategic plan for the American Bar Association. The draft template, which was distributed to the Board, included four unique deliverables of the ABA: a) be a national/international voice of the legal profession; b) protect, preserve and prepare the profession for the future; c) enhance the expertise, professionalism, diversity and quality of practice life of our members and the legal/judicial community at large; and d) be guardians of the constitutional system, access to justice and the practice of law. In addition, the draft template included management steps to ensure sustainability in a fluid and challenging market place. Ms. Niro encouraged the Board to review the draft strategic plan and comment on it. 2.9 Section Presentation: Business Law Section Martin E. Lybecker, Chair of the Business Law Section, and Dixie L. Johnson, Business Law Section Chair-elect, presented to the Board a report regarding the work of the Business Law Section. The report included an overview of the structure of the Section (55,000 members, 72 committees of which eight have over 2,000 members), as well as its programming (170 programs/year) and its five-year business plan. President Bellows commended the Business Law Section for its outstanding work as well as for its initiative in working closely with other ABA Sections (e.g., Section of Litigation) and sharing content.


2.10 Consent Calendar: Report of Board Committee Chairs The Board adopted the Consent Calendar as presented by the Secretary. Action on all items contained on the Consent Calendar is set forth in items 3 through 5 of this Summary of Action relating to the reports of the Board Committees.

2.11 Legal Education Update

Kent D. Syverud, Chair of the Section of Legal Education and Admissions to the Bar, Honorable Solomon Oliver, Jr., Section Chair-elect, Barry A. Currier, Interim Consultant on Legal Education, and Honorable Randall Shepard, Chair of the Task Force on the Future of Legal Education, presented a legal education update to the Board. The update, which was distributed to the Board, included an overview of the structure of the Section, section staffing, core concepts of the ABA Standards for Approval of Law Schools, the number and types of legal education programs, the “separate and independent” requirement, financing of the Accreditation Project, law school growth over the years, application and enrollment trends, and the cost of legal education. The report also included ideas for reform and discussion.

2.12 Report from the Magna Carta 2015 Committee Stephen N. Zack, Chair of the Magna Carta 2015 Committee, presented a brief report to the Board regarding the Committee’s activities. (See Exhibits 3.8 and 4.1b.)

2.13 Report from the Task Force on Insurance Opportunities James Dimos, Chair of the Task Force on Insurance Opportunities and Chair of the Finance Committee, presented a brief report on the discussions the Task Force has had with the American Bar Endowment regarding insurance products for the ABA. Currently, the discussions have reached an impasse. It is hoped that discussions will move forward in the very near future. 2.14 Report from the Commission on Disability Rights Katherine H. O’Neil, Chair of the Commission on Disability Rights, discussed with the Board the Commission’s toolkit, which is intended to assist ABA entities in planning meetings and events that are accessible to the entire ABA community, including persons with disabilities. The toolkit provides recommendations and checklists for all phases of a meeting or an event, from choosing the venue to promotion, registration, presentations, materials, social events and meals, and staff and volunteer training. Ms. O’Neil also discussed the use of technology to ensure that ABA publications are in accessible format. Kathleen J. Hopkins, Chair of the Standing Committee on Publishing Oversight, advised that there are presently 170 ABA books in accessible format. By the end of 2013, it is anticipated that 230 books will be accessible.


2.15 Report Regarding Pro Bono Activities Larry A. McDevitt, Chair of the Standing Committee on Pro Bono and Public Service, and Steven B. Scudder, Committee Counsel, presented to the Board a report regarding ABA pro bono activities. The presentation included a report on the 2012 Celebration of Pro Bono initiative, which brings national focus to the important role lawyers play in their communities. In 2012, over 800 Celebration of Pro Bono events were held throughout the country. Mr. McDevitt also referenced the executive summary of “Supporting Justice III: A Report on the Pro Bono Work of America’s Lawyers” (Report), which was distributed to the Board. The Report is the third empirical study to measure pro bono activity on a national basis. The objectives of the study analyzed in the Report were to quantify the amount of pro bono work done by attorneys, to identify the characteristics of pro bono service that can be used to guide development of new pro bono initiatives and communication surrounding the initiatives, to obtain demographics and work environment data, and to identify those factors that encourage or discourage pro bono service. The full report will be posted on the ABA Website in March 2013. 2.16 Report Regarding 2013 ABA Day in Washington Linda A. Klein, Chair of the ABA Day in Washington Planning Committee, presented a report regarding 2013 ABA Day in Washington, to be held April 16-18, 2013. The headquarters hotel for 2013 ABA Day will be the Madison Hotel and the professional awards dinner will be held at the Library of Congress. Registration is now open and can be completed by visiting the home page on the ABA Website. 2.25 INFORMATIONAL REPORTS & 2.26 The Board received written informational reports from the ABA Journal and the Commission on Women in the Profession. 3. OPERATIONS AND COMMUNICATIONS COMMITTEE A. MATTERS FOR REVIEW BY THE BOARD 3.1 Requests for Bylaw Amendments a. Law Practice Management Section The Board approved the request of the Law Practice Management Section to amend its bylaws to a) change its name to the “Law Practice Division of the American Bar Association”, b) revise its mission statement, c) provide that any proposed changes to Section entities or to the Section’s organizational structure must be approved by the


Section Council prior to implementation, and d) ensure that each of the Section’s entities, as approved by Council annually in the event of revisions, sun-setting, restructuring or replacement, are properly filled by Section members in sufficient numbers to properly perform its functions. The proposed amendments were approved by the Section Council on May 4, 2012, and by the Section membership on August 3, 2012. Approval by the Board of the proposed bylaw amendment to change the Section’s name and status is subject to approval of the Section’s name change and status by the House of Delegates at the 2013 Annual Meeting. b. Section of Antitrust Law The Board approved the request of the Section of Antitrust Law to amend its bylaws to increase the term of its Secretary and Communications Officer position from one year to two years. The proposed amendment was approved by the Section Council on November 7, 2012. 3.2. Nominations a. ABA Journal Board of Editors The Board i) re-elected John R. Tarpley of Tennessee and Kathleen J. Hopkins of Washington State, and ii) elected Justice Patricia Timmons-Goodson of North Carolina to the ABA Journal Board of Editors, each for three-year terms to begin in August 2013 and conclude in August 2016, as recommended by the Journal Board. In addition, Mr. Tarpley was elected to chair the Journal Board. b. Appellate Judges Education Institute (Judicial Division Appellate Judges Conference): The Board approved, the request of the Judicial Division Appellate Judges Conference to elect Justice Frank Sullivan, Jr. of Indiana to fill the unexpired term of one of the two ABA representatives on the Board of Directors of the Appellate Judges Education Institute, effective immediately through the 2014 ABA Annual Meeting. c. American Intellectual Property Law Education Foundation (AIPLEF) (Section of Intellectual Property Law) The Board elected of Susan Barbieri Montgomery of Massachusetts as an ABA representative on the Board of Trustees of the American Intellectual Property Law Educational Foundation, to serve a three-year term commencing on July 1, 2013 and concluding on June 30, 2016, as requested by the Section of Intellectual Property Law. d. The Law Association for Asia and the Pacific (LAWASIA) (Section of International Law)

The Board re-elected Michael E. Burke of Washington, DC to a three-year term as the ABA’s “Country Councillor” on the Law Association for Asia and the Pacific (LAWASIA)


Council, to begin in June 2013 and conclude in June 2016, as requested by the Section of International Law. 3.3 Task Force on Gender Equity Request to Approve One-Time Video and Essay Contest as Part of a Virtual Symposium on Equity in the Legal Profession* The Board approved the request of the Task Force on Gender Equity for a one-time video and essay contest in 2013 as part of a virtual symposium on the legal profession. Videos and essays will be posted on the Task Force website to permit all symposium participants and the public to view the submissions and to cast their votes. A subcommittee of the Task Force’s Young Lawyers and Social Media Working Group will select five videos and five essays which will be sent to President Bellows and the Chair of the Task Force, who will select the winning entry in each category. The winning essay and winning video will be publicized via social media and a press release. In approving the request, the Board understood that no additional ABA general revenue is requested or required. 3.4 Commission on Disability Rights Request that the American Bar Association Sign Pledge for Change: Disability Diversity in the Legal Profession The Board approved the request of the Commission on Disability Rights that the American Bar Association sign the Commission’s Pledge for Change: Disability Diversity in the Legal Profession. The Pledge, which was originally approved by the Board in 2009, currently has 146 signatories, including ABA Sections, Divisions, and Forums; law firms; large corporations; state and local bar associations; and law schools. 3.5 Requests to Enter into Memoranda of Understanding (MOU) with Outside Organizations a. Judicial Division National Conference of the Administrative Law Judiciary (with Council of Canadian Administrative Tribunals) The Board approved the request of the Judicial Division National Conference of the Administrative Law Judiciary (NCALJ) to enter into an MOU with the Council of Canadian Administrative Tribunals (CCAT). The MOU, which has been approved by the Office of the General Counsel, grants reciprocal privileges to attend conferences and other events, hosted solely by either entity, where membership discounts apply. The MOU would remain in effect until August 1, 2013. In addition the Board authorized co-sponsorship of programs and events between NCALJ and CCAT that take place within the time frame of the MOU, with the understanding that requests for co-sponsorship of such programs will be submitted to the Board’s Operations and Communications Committee or to the Standing Committee on Continuing Legal Education for approval, as appropriate.


b. American Bar Association (with Union Internationale des Avocats) The Board approved, subject to review and approval by the Office of the General Counsel, President Bellows’ request for a Memorandum of Mutual Cooperation (MOU) between the ABA and the Union International des Avocats (International Association of Lawyers), effective March 8, 2013, until either party requests its termination in writing to the other. Under the terms of the MOU, the parties agree, in pertinent part, to: i) establish and maintain a long-term and collegial relationship to foster greater cooperation between the legal professions of member countries; ii) welcome and host delegations from respective member countries and associations; iii) identify opportunities to conduct joint dialogue and exchange activities, including but not limited to, study tours, training programs, seminars and joint research projects; iv) engage in dialogue and exchange information on programs to advance human rights and the rule of law; v) cooperate in the advancement of legal ethics, pro bono and support for legal aid programs; vi) engage in dialogue regarding transnational legal practice; vii) cooperate in exploring opportunities for mutual assistance in membership development; viii) continue with the representative program between the ABA and the UIA; and ix) promote gender equality in both associations. c. American Bar Association (with Inter-American Bar Association) The Board approved, subject to review and approval by the Office of the General Counsel, President Bellows’ request for a Memorandum of Mutual Cooperation (MOU) between the ABA and the Inter-American Bar Association for the purposes of working together on issues of human trafficking, globalization of the legal profession in the Americas, appropriate funding for the Judiciary of the Americas, and upholding the rule of law in the Americas, and sponsoring conferences and seminars on these issues. The MOU is effective upon signature of the parties and remains in effect until one party notifies the other of its withdrawal from the MOU. Either party may unilaterally withdraw from the MOU at any time and for any reason by giving a 30-day advance notice to the other party, stating its decision to withdraw and the effective date of termination. 3.6 Request to Amend Corporate Support Guidelines and Procedures The Board adopted the following amendments to the current Corporate Support Guidelines and Procedures (Policy), approved by the Board in 2002, as recommended by the Subcommittee on Corporate Sponsorship (Subcommittee) of the Operations and Communications Committee: a) The amendment to section 2.8 clarifies that, in accordance with existing ABA policy, all licensing arrangements must be included in the sponsorship contract. b) The amendment to section 2.10 permits entities to engage in focus groups and product development testing, and permits members to write product reviews as part of the sponsorship arrangements with appropriate parameters and the understanding that there will not be endorsement of products. c) An addendum has been added to the Policy which provides information regarding unrelated business income and its tax implications as discussed in section 2.14.


The Subcommittee also recommended that efforts be made to fund a Corporate Sponsorship staff position which would be valuable in increasing non-dues revenue for entities during a time of fiscal constraints on general revenue funding. 3.7 Section of Real Property, Trust and Estate Law Request for Dues Increase The Board approved the request of the Section of Real Property, Trust and Estate Law to increase its annual lawyer and associate member dues from $55 to $70, effective with the 2013-2014 Association year. The Section Council voted to approve the dues increase on November 11, 2012. 3.8 Magna Carta 2015 Committee Request to Approve Partnership to Publish Special ABA Edition of Book to Commemorate the 800th Anniversary of the Magna Carta The Board approved the request of the Magna Carta 2015 Committee for a partnership with Third Millennium Information (TMI), a British based publisher, to produce a special ABA edition of a commemorative book in honor of the 800th anniversary of the sealing of the Magna Carta. The Board’s approval was with the understanding that the final agreement between the ABA and TMI will a) specifically provide that the Association shall incur no financial liability if an insufficient number of ABA members are recruited to share in the underwriting, and b) will be subject to review and approval by the Office of the General Counsel. 3.9 Death Penalty Moratorium Implementation Project Request for Name Change The Board deferred the request of the Death Penalty Moratorium Implementation Project to amend its jurisdictional statement, in pertinent part, to change its name to the “ABA Death Penalty Review and Education Project” and to reduce mischaracterization of ABA policy regarding the death penalty and mischaracterization of the project’s purpose. Deferral of the request will permit representatives of the Death Penalty Moratorium Implementation Project and the Death Penalty Representation Project to resolve concerns that the Death Penalty Representation Project has with the proposed name change. Once concerns are resolved, the Operations Committee shall meet expeditiously, at the call of the Operations Committee Chair, to vote upon the request, as it may have been revised. 3.10 Business Law Section Request to Submit Technical Comments to Five Banking

Agencies and Notifications from the Sections of Administrative Law and Regulatory Practice and Real Property, Trust and Estate Law and International Law to Serve as Reviewing Entities for These Technical Comments

Pursuant to the Association’s Blanket Authority Procedure, the Board approved, as submitted, the request of the Business Law Section to submit technical comments to the a) Board of Governors of the Federal Reserve System, b) Federal Deposit Insurance Corporation, c) Financial Stability Oversight Council, d) Office of Financial Research in the Treasury Department, and e) Office of the Comptroller of the Currency. In addition,


in accordance with the Blanket Authority Procedure, the Board received notifications that the sections of Administrative Law and Regulatory Practice, Real Property, Trust and Estate Law, and International Law wished to serve as reviewing entities for these technical comments. The notifications were received for informational purposes. No action was required by the Board. 3.11 Standing Committee on Membership (SCOM) Requests a. Request to Add Two New Dues Pilots and to Continue Four of Five Existing Dues Pilots The Board approved the request of the Standing Committee on Membership to i) add a “25% Promotional Offer Pilot” and a “Free ABA Membership with Paid Section Membership Pilot;” ii) continue the a) Full Firm Membership Program (formerly called Flat Rate Firm Group Billing), b) Public Service Membership Program (formerly the Institutional Flat Rate Group Billing), c) 50% Promotional Offer, and d) JAG Waiver for First Five Years; and c) discontinue the Extended New Bar Admittee Period Pilot. b. Request Regarding List Sales Allocation The Board deferred to the June 2013 meeting of the Board the request of the Standing Committee on Membership to revise the 1982 policy regarding royalties paid to Sections resulting from rental of Section member address lists to third parties to replace the use of estimated costs with actual costs. Deferral will permit the chairs of the Operations and Communications Committee, Standing Committee on Membership, and Section Officers Conference to confer regarding the request. c. Request for Member Benefit Program with Practice Solutions (A Bank of America Business Unit): The Board approved the request of the Standing Committee on Membership to expand the Bank of America (B of A) member benefit program to include business loans through Practice Solutions, a business unit of B of A that provides business financing products to professional practices. The program will provide benefits for ABA members through 50% discounts on loan origination fees. In addition, and only for the ABA, Practice Solutions will offer business lines of credit for stand-alone agreements and when the line of credit is an accompaniment to another loan. The ABA will receive royalties of 0.25% on all loans except commercial real estate, and 0.10% on commercial real estate loans. Further, Practice Solutions will pay an annual marketing fee.


3.12 President-elect Silkenat’s Request for Approval of 2013-2014 Meeting Dates and Locations The Board approved the following dates and locations for meetings of the Board for 2013-2014: November 14-17, 2013 The Ritz-Carlton New York, Battery Park New York, NY February 5-7, 2014 (in conjunction with the ABA Midyear Meeting) Hyatt Regency Chicago Chicago, IL June 3-6, 2014 (meeting shifted one day earlier, to a Wed. – Fri. meeting pattern) InterContinental Kansas City at the Plaza Kansas City, MO August 6-8, 2014 (in conjunction with the ABA Annual Meeting) Sheraton Boston Boston, MA B. MATTERS OF INDEPENDENT JURISDICTION 3.15 Requests for Co-Sponsorships The Operations and Communications Committee approved, with one amendment to 3.15i noted below, co-sponsorship requests from the following entities. No additional ABA general revenue is requested or required for the co-sponsorships. a. Commission on Law and Aging: to co-sponsor with the 10 entities listed in the request the “Third World Congress on Adult Guardianship”, May 28-30, 2014, in Washington, DC. b. Commission on Homelessness and Poverty: to co-sponsor with the Homeless Persons Representation Project, and other entities listed, the “5th Annual Veterans’ Legal Assistance Conference: An Opportunity to Serve Those Who Served Our Country”, April 19, 2013, in Washington, DC. c. Commission on Immigration: to co-sponsor with the Capitol Area Immigrant Rights Coalition a program to recruit and train pro bono attorneys to represent immigration detainees with mental disabilities, February 21, 2013, at the Cooley LLP law firm in Washington, DC. d. Commission on Women in the Profession: to co-sponsor with DirectWomen the Commission’s Midwest Regional Summit for women general counsel and senior women in-house counsel in March 2013 at ABA headquarters in Chicago, Illinois.


e. Section of Administrative Law and Regulatory Practice: to co-sponsor on March 1, 2013, in Arlington, Virginia, a Consumer Product Safety Law Seminar as part of the International Consumer Product Health and Safety Organization’s Annual Meeting and Training Symposium. f. Section of Antitrust Law (Two Requests): i. to co-sponsor the “Antitrust Law & Economics Institute for Judges Conference” with the Law & Economics Center of George Mason University School of Law in 2013, 2014, and 2015. ii. to co-sponsor competition law sessions with the Inter-Pacific Bar Association (IPBA) during IPBA’s Annual Meeting in Vancouver, Canada, May 8-11, 2014, and during the IPBA’s Annual Meetings in 2015 and 2016 (dates/locations to be confirmed). g. Section of Environment, Energy, and Resources: to continue the “ABA-EPA Law Office Climate Challenge” and work with the Environmental Protection Agency from March 2013-August 31, 2013 (to ensure that the program expiration matches the ABA fiscal year and leadership appointments), and in FY2013-2014, FY2014-2015, and FY2015-2016. h. Section of Intellectual Property Law (Two Requests): i. to co-sponsor the United States Patent and Trademark Office (USTPO) Seventh Annual Design Day, April 23, 2013, in Alexandria, Virginia. ii. to co-sponsor USTPO’s Innovation Expo 2013 in June in Alexandria, Virginia. i. Special Committee on Bioethics and the Law: to partner with the American Society for Bioethics and Humanities for a series of programs and other activities beginning in FY2012-2013. (NOTE: The Operations Committee approved the request for three years only, i.e., FY2013-2013, FY2013-2014, and FY2014- 2015.) 4. PROGRAM, EVALUATION AND PLANNING COMMITTEE A. MATTERS FOR REVIEW BY THE BOARD 4.1 Requests to Solicit Outside Funding a. Coalition on Racial and Ethnic Justice The Board approved the request of the Coalition on Racial & Ethnic Justice (COREJ), on behalf of its newly formed Stand Your Ground Task Force (Task Force), to conduct fundraising to outside organizations to sponsor the Task Force’s activities (hearings,


meetings, research and programs), with the understanding that any grants received are subject to the new, revised grants policy. (See Exhibit 4.3.) COREJ intends to solicit funding from i) non-profit, community social justice organizations and Federal governmental agencies; ii) regional, state, local, county, minority, and women’s bar associations; iii) regional law schools; iv) regional community and public stakeholders; and v) corporations. b. Magna Carta 2015 Committee The Board approved the request of the Magna Carta 2015 Committee to solicit funding from outside the ABA and from individual ABA members to support activities related to the celebration of the 800th anniversary of Magna Carta, with the understanding that any grants received are subject to the new, revised grants policy. (See Exhibit 4.3.) Solicitation will begin during the current Association year and continue through the 2014-2015 Association year. Major activities to be supported by such funding will include i) the repair of the ABA Memorial at Runnymede, and the establishment of an endowment to ensure future maintenance of the Memorial, ii) the development of educational activities in U.S. schools and other organizations, iii) the organization and facilitation of substantive programs throughout the United States and in the United Kingdom, iv) the facilitation of other activities (e.g., a historical series for television) to raise awareness about the rule of law, and v) outreach to other countries. 4.2 Standing Committee on Lawyer Referral and Information Service Request to Create Program Support Fund The Board approved the request of the Standing Committee on Lawyer Referral and Information Service to create a Program Support Fund (PSF) to support the Standing Committee’s legal education activities. Revenue sources for the PSF will be monies generated from educational programs underwritten by the PSF including, but not limited to, registration fees and sponsorships. The PSF will be used to develop educational materials, training sessions, and programs to support local and regional public service lawyer referral programs and their panel attorneys. 4.3 Request for Approval of Revised Grants Policy The Board approved, with two additional changes, the request of the Council of the Fund for Justice and Education for revisions to the grants policy that was adopted in October 2010. In pertinent part, the revisions provide a) for a certification process regarding the indirect cost recovery rate, which includes a discussion of any material issues implicated by acceptance of the grant or which create any material risk to the entity, the Association or its members, as well as b) a process for resolution of conflicts between entities submitting grant applications to conduct programs in the same substantive area or in the same category of programs identified by a potential funder. (Note: Grants existing at the time of adoption of the revised policy are not required to seek approval under the revised process. However, any new extension or expansion of the existing grant will be subject to the revised process.)


4.4 Council of the Fund for Justice and Education Request to Approve Naming Opportunity for Legal Opportunity Scholarships The Board approved the request of the Council of the Fund for Justice and Education to name Legal Opportunity Scholarships in honor of an organization or ABA entity if it meets the following criteria: a) the organization or entity must contribute a minimum amount, which will support one full scholarship; b) the naming opportunity will exist for a period of three years (or the completion of one recipient’s law school term in the case of part-time students) for each contribution; c) the naming opportunity will be subject to renewal if the organization or entity commits an additional contribution; and d) the organization or entity will be contractually committed to funding the full amount of the scholarship. 4.5 Request to Approve 19 Outside Funding Requests Received Through the FY2013-2014 Annual Planning Process Following review by the Office of the Fund for Justice and Education and the Office of the General Counsel, the Board approved the following 19 requests to seek outside funding that were received from various ABA entities through the FY2013-2014 Annual Planning Process, with the understanding that any grants received are subject to the new, revised grants policy. (See Exhibit 4.3.): a. ABA Day in Washington Planning Committee b. ABA Rule of Law Initiative (Various) c. Center for Human Rights (1) d. Center for Professional Responsibility (2) e. Standing Committee on Client Protection (3) f. Standing Committee on Professional Discipline (2) g. Standing Committee on Professionalism (1) h. Standing Committee on Specialization (1) i. Criminal Justice Section (3) j. Standing Committee on Federal Judicial Improvements (1) k. Standing Committee on Gun Violence (1) l. Commission on Immigration (2) B. MATTERS OF INDEPENDENT JURISDICTION The :Program, Evaluation and Planning Committee (Program Committee) discussed the process and developed a list of criteria to use for its March 1st meeting to develop recommendations for the Finance Committee for the budget. The Program Committee also discussed a template for development of an ABA Strategic Plan.


5. FINANCE COMMITTEE A. MATTERS FOR REVIEW BY THE BOARD 5.1 Request for Authority to Borrow Money and/or Liquidate Investments The Board a) authorized the Deputy Executive Director and Chief Financial Officer (CFO), in consultation with the Treasurer and Executive Director, to a) determine the most effective method of providing funding of ABA operational and capital expenses during the 12 month period commencing on the date of such authorization, b) authorized the Deputy Executive Director and CFO and/or Executive Director, based on the determination of funding method, to execute the appropriate paperwork with one or more of the ABA’s existing banking relationships to borrow money or to liquidate investments during such 12 month period, provided that the aggregate amount of investments liquidated pursuant to such authorization and the amount of debt incurred pursuant to such authorization that is outstanding at any one time does not exceed the amount authorized by the Board. 5.2 Standing Committee on Audit Report: Request for Acceptance and Approval of

Audited Financial Statements The Board approved and accepted the American Bar Association consolidated financial statements, details of consolidation and other information for the years ended August 31, 2011 and 2012, with the report of the independent auditor (Financial Statements), in the form submitted to the Board of Governors at the February 2013 meeting of the Board. Further, the Board approved and accepted the Single Audit Reports for the American Bar Association for the year ended August 31, 2012, with the reports of the independent auditor (Single Audit Reports), in the form submitted to the Board of Governors at the February 2013 meeting of the Board. 5.3 Recommendation Regarding Dissolution of The James O. Broadhead Corporation The Board adopted a resolution recommending that the Directors of The James O. Broadhead Corporation (Corporation) authorize the dissolution of the Corporation and the transfer of the Corporation’s assets to the ABA. 5.4 Request to Create Pricing Strategy Advisory Group The Board a) approved the creation of a Pricing Strategy Advisory Group (Group) i) to assess the effectiveness of the current ABA dues structure and make recommendations to the Finance Committee and to the Board on how the ABA should configure its dues structure for the future, and ii) to make periodic reports to the Finance Committee and the Board of Governors, with a final report and recommendation to the Finance Committee and to the Board of Governors no later than the Fall 2014 Finance Committee and Board meetings; b) authorized the President and President-elect to


appoint up to twenty (20) members, including Board and non-Board members, to constitute the Group; and c) approved the expenditure of funds to support the work of the Group. New Item 5.5 Report and Recommendations of the A-E-F-C Pension Plan Administration Committee The Board approved the first amendment to the A-E-F-C Pension Trust Agreement to permit instructions, directions, and other communications to be given to the Plan Trustee, The Northern Trust Company, in electronic format, and authorized the proper officers to execute the amendment. New Item 5.6 Report of the A-E-F-C Pension Plan Administration Committee The Board authorized the Treasurer to take the following actions on behalf of the Plan Sponsor of the A-E-F-C Pension Plan:

a) Move the pension contribution that is currently scheduled for 9-15-13 up to a date that is on or before 4-15-13, adjust it for interest as determined by the plan’s actuary, and consider it to be a contribution for the 2012 plan year.

2. Move the pension contribution that is currently scheduled for 10-15-13 up to a date that is on or before 9-15-13, adjust it for interest as determined by the plan’s actuary, and consider it to be a contribution for the 2012 plan year. 3. Consider the contributions that are due by 4-15-13 and 7-15-13 to be for the 2012 plan year. 4. Add any amount that could be considered an “excess contribution” for the 2012 plan year to the plan’s Credit Balance as of 1-1-13 in time so that it can be used to satisfy the plan’s 4-15-13, 7-15-13, and 10-15-13 quarterly contribution requirements. 5. To the extent possible, use the plan’s 1-1-13 Credit Balance to satisfy the 2013 plan year quarterly contribution amounts that are due on 4-15-13, 7-15-13, and 10-15-13. New Item 5.7 Finance Committee FY2014 Budget The Board directed management of the ABA to submit a consolidated budget to the Finance Committee at its April 2013 meeting, the budget to include a balanced General Operations budget that includes as revenue: a) 5% of the average fair market value of the Permanent Reserve at the times specified under current ABA policy: b) 5.5% of the General Fund as specified under current ABA policy; (3) 5.5% of the average of the amounts reflected in the Long Term Investments from D.C. Building line item of the ABA financial statements at the end of each of the consecutive calendar quarters from the date of the sale of the D.C. Building to the beginning of FY2014; and d) funds from ABA unrestricted undesignated net assets.


New Item 5.8 Investment Policy Update The Board updated the ABA’s investment policy to provide that the asset allocation policy may incorporate the following alternative asset classes: a) Hedge Funds; b) Alternative mutual funds; c) Commodities; and d) Real Estate.

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Marketing Initiatives

RPTE Membership Ongoing Membership Initiatives

Welcome Kits New Lawyer and Associate Member Welcome Kit ‐ Includes a "Welcome to the Section" letter from the Chair explaining the benefits of becoming an RPTE member, a "Join a Group or Committee" sheet, a list of upcoming RPTE CLEs, and highlights of four current RPTE books.

New Law Student Member Welcome Kit – Includes a "Welcome to the Section" letter from the Chair explaining the benefits of becoming an RPTE member, a "Join a Group or Committee" sheet, a list of upcoming RPTE CLEs, and highlights of four current RPTE books.

Welcome Emails Email 1: Sent one month after joining RPTE ‐‐ highlights membership benefits with links to the Section homepage

Email 2: Sent three months after joining RPTE ‐‐ reminds member of benefits and how to get more involved

Recruitment Brochures Sent each month to new ABA members who have indicated RPTE areas of concentration in their ABA profile. The brochure explains the benefits of joining the Section and invites them to become a member. Brochures are sent to Lawyers, Law Students, and Associates.

Retention Postcard Sent each month to members who will be dropped from the RPTE Section (due to non‐payment). The postcard provides benefits of continuing with the Section and details membership benefits.

Section Exhibits Booth displays at the Spring Symposia, ABA Mid‐Year and Annual Meetings, Skills Training for Estate Planners CLE Meetings, Heckerling CLE Meetings, Community Outreach Program CLE Meetings, and

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minority bar conferences promote Section membership, Section Groups and Committees, and Section social networking efforts

RPTE book booth displays at the Spring Symposia, Fall Leadership Meetings and Heckerling CLE meetings offering special book pricing.

Fellows Program The goal of the Fellows Program is to get young members more involved in the Section, with the hopes of developing them into future leaders of the Section. The program appoints six Fellows per year for a two year fellowship. At least one‐half of the Fellows selected will be diverse applicants.

Law Student Writing Contest

The Law Student Writing Contest encourages and rewards law student writing on real property and estate law subjects of general and current interests.

1st Place ‐ $2500, a one‐year free membership to the Section, an expense paid trip to the RPTE Fall Leadership meeting, and the possibility of having the article published in RPTE Law Journal

2nd Place ‐ $1500, a one‐year free membership to the Section

3rd Place ‐ $1000, a one‐year free membership to the Section

Emails and mailings are sent to professors and law students promoting the contest.

Drop for Non‐payment Emails

In addition to ABA letters and emails, the Section sends emails in February and September to members that will be dropped for non‐payment of dues. The emails encourage them to continue with the Section and detail membership benefits.

Chicago and DC Law Student Receptions

The receptions are held on an as needed basis to recruit local area law Students to the Section.

RPTE House Ads on ABA website

RPTE ads (currently promoting CLE) are on a rotational placement schedule with other ABA Section ads.

RPTE Portals Three portals on the Section website provide an easy way for current members and potential new members to access targeted Section information:

Educational Materials Portal ‐ A collection of articles from a cross section of RPTE publications at fundamental and advanced topic levels.

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Practice Settings Portal ‐ Profiles of Section members from different practice settings describing how they each find Section membership to be an asset to their practice and their career.

Forms & Checklists Portal ‐ An overview of forms and checklists that can assist lawyers with managing their law practices.

Probate & Property Section News promotes upcoming RPTE CLE programs, member profiles and committee activities.

eReport Includes timely industry articles, practice information, upcoming CLE and eCLE, and RPTE books. It also includes information on YLN, law students, and groups and committees.

Other Membership Initiatives

Associate Recruitment

A new membership brochure directed at prospective associate members was created The new brochure was mailed to associate members of the ABA with RPTE areas of

concentration A recruitment email detailing the benefits of RPTE Section membership was sent to international

associate members of the ABA with RPTE areas of concentration All non‐lawyers who signed up for all ten sessions of the Paralegal eLearning Program series

were given complimentary associate membership in the ABA and RPTE Section, resulting in 50 new associate members

New content focused on associate members is currently in development for the Section’s website

RPTE Section Meetings Ongoing Marketing Initiatives

Section Meetings: Spring Symposia, Joint Fall CLE Meeting, Skills Training for Estate Planners CLE Program, Heckerling CLE Program, Community Outreach Programs

• A meeting brochure for select events is mailed to targeted Section and ABA members • A series of emails is sent to targeted Section and ABA members promoting specific CLE

programs, meeting events, networking opportunities, registration discounts, and other meeting specific information

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• “Invite a Colleague” email is sent to Section leadership to increase networking and attendance at select meetings

• Select meetings are promoted in ABA e‐newsletters, such as the ABA Pulse and the Law Student Division’s eNews

• Select meetings are promoted using website ads • Local and national bar associations are contacted to help promote select meetings • All Section meetings are promoted via the e‐Report and Probate & Property • All Section meetings are promoted on RPTE social networking sites (see RPTE Social Networking)

and list serves, and on select ABA social networking sites and list serves.

2013 Spring Symposia Marketing Initiatives

• The meeting brochure was mailed to targeted Section and ABA members • A series of emails was sent to targeted Section and ABA members promoting specific CLE

programs, meeting events, networking opportunities, registration discounts, and other meeting specific information – A new template and content strategy was implemented

• NEW: A Marketing Task Force was created to help contact local and national bar associations and encourage them to promote the meeting using our prepared email templates

• “Invite a Colleague” email was sent to Section leadership to increase networking and attendance

• Promotions appeared in the Section’s e‐Report • NEW: Promotions appeared in ABA e‐newsletters, such as the ABA Pulse and the Law Student

Division’s eNews • Full page ads appeared in Probate & Property – A new ad design was implemented • The meeting was promoted on RPTE social networking sites: LinkedIn, Facebook, and Twitter • NEW: Ads were developed and posted on the ABA website

RPTE Advertising Plan Ongoing Advertisements

Probate & Property Advertisements Marketing Objective: Run a series of ongoing advertisements in Probate & Property magazine to increase awareness of the following among Section membership:

• Upcoming ABA and Section meetings • Section benefits available to members • Benefits of joining a Group or Committee

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RPTE Teleconferences Ongoing Teleconference Marketing Initiatives

Teleconference Emails

• Send periodic emails to targeted Section members and ABA members promoting upcoming teleconferences

• Include availability of past programs on similar topics in emails for upcoming programs • Build sales for teleconference related books by offering discounts in emails for upcoming

programs • Make special offers to program registrants for purchasing past teleconference products

Book Emails • Include information on teleconference products in book marketing emails

RPTE Periodicals • eReport – Promote upcoming teleconferences and link to all past teleconferences • Probate & Property – Include notice in Section News and/or ads on availability of teleconference

products

RPTE Website • Place link on homepage to list of all upcoming and past teleconferences and products • Maintain eCLE page with titles and ordering info on all past teleconferences, sorted by RP, TE

and Ethics

ABA Bookstore • List all teleconference products in ABA webstore

Teleconference Distribution Programs • All teleconference products are included in ABA Package Plan

Bundling • Bundle teleconference products on similar topics and offer special bundle pricing • Bundle teleconference products with books on similar topics and offer special bundle pricing

Social Media • Place notice of teleconference products on Section’s Facebook, Twitter, and LinkedIn pages

Meeting Promotions • Develop and distribute flyers/brochures on teleconference products at live Section meetings

(may include special pricing) o Section Spring Symposia

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o Skills Training for Estate Planners Program

o Community Outreach Programs • Develop and distribute flyers/brochures on teleconference products at Section booths during

meetings outside the ABA (may include special pricing) o Minority bar programs o Synergy Summit partner meetings o ABA meetings

RPTE Books Ongoing Book Marketing Initiatives

Book Emails • Announce publication of new books to RPTE Section members and appropriate ABA audiences • Maintain a schedule of continuing single‐title email promotions highlighting both current and

backlist titles • Test new audiences when appropriate • Develop special offers for RPTE books, as well as promote all ABA promotional efforts (free

shipping in August, 20% off flash sales, etc.) • Cross‐promote RPTE CLE programs whenever possible in the highlighted area in the book email

template

Direct Mail • Develop letters written to the academic audience for books that are appropriate for textbook

adoption • Build new edition sales with letters to buyers of earlier versions • Create postcard mailing pieces for ABA and outside lists when appropriate

RPTE Periodicals • Promote recent books in Probate & Property when run‐of‐book space is available • Highlight the newest titles in regular, 2‐page advertisements in the Real Property, Trust and

Estate Law Journal

Book Distribution Programs • Include all new books in ABA Package Plan for guaranteed revenue during the first month of

publication • List new books with the ABA’s nationwide book distributor, National Book Network, following a

delay to fully market the book to RPTE and ABA members • Send review copies to Lawyers Weekly for inclusion in their distribution efforts • Generate book revenue from sales made through the ABA’s State and Local Bar Affiliate

Program

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ABA Web Store • Highlight new publications in Inside Practice, ABA Publishing’s email newsletter • Include RPTE books in special promotion banners and marketing • New Web Store will launch in September with new marketing capabilities, such as dynamic

cross‐sell and up‐sell promotions, improved search, sort, and filter features, and new coupon, discount, and product bundling features

Conferences and Exhibits • Display and sell books at the Spring Symposia, RPTE/Taxation Joint Fall Meeting, the Heckerling

Institute on Estate Planning and the ABA Annual Meeting • Offer a free book as incentive to join RPTE at Heckerling • Display books for textbook adoption at the Association of American Law Schools conference • Display books at American Association of Law Libraries conference

Teleconference Emails • Include information and links to books, when appropriate • Build sales for related books by offering discount to meeting attendees

Bundling • Bundle books on similar topics and offer special pricing • Bundle teleconferences and products with similar books and offer special pricing

Communications/Publicity • Commission press releases and distribute to media through Media Relations • Include books in The Bridge, a publication of Bar Services • Send books to magazines for book reviews • Send books to attorneys for testimonials to use in marketing

Social Media • Promote books through the ABA’s social media channels • Place notice of new books on Section’s Facebook, Twitter, and LinkedIn pages

Electronic Books • All future books will be converted to ePub format and be offered for sale through the ABA Web

Store • Utilizing coding included at the composition stage • Backlist titles will also be submitted for ePub conversion

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RPTE Social Networking Ongoing Social Networking Initiatives ‐

Facebook, LinkedIn, Twitter

Marketing Objective: Peak interest in RPTE Section activities to increase and/or retain ABA and Section membership, and provide a forum where both RPTE members and non‐members can engage in discussions regarding client and practice related issues, and Section activities.

Tactics: Promote Section activities via postings that link to the RPTE website for further information

• Promote networking opportunities and CLE programs available at Section meetings • Announce new releases of Section publications including Probate & Property magazine,

the Real Property, Trust and Estate Law Journal and the eReport • Announce releases of new books, eCLE teleconferences and news regarding government

submissions

Post comments and links to materials published outside the Section that will be of interest to Section members and non‐members

To: Susan Talley, Chair-Elect, RPTE Section

From: David English, ChairCommission on Law and Aging

Re: Liaison ReportDate: April 4, 2013

The Commission on Law and Aging is a 15-member interdisciplinary group consisting of bothlawyers and members of other professions interested in aging issues. The Commission is assistedby a staff of four attorneys, all of whom are leading experts in their respective specialties, andthree support staff. I was appointed as Chair in August 2012 and will hold this position untilAugust 2015. The Commission meets three times yearly, once in person and once by conferencecall. As Chair, I also make several additional trips. The Commission is headquartered in DC.

The Commission has historically enjoyed a close and collaborative relationship with the RPTESection. I served two 3-year terms on the Commission prior to my appointment as Chair. LindaWhitton also served a 3-year term as a member of the Commission. Bernie Krooks will becomethe liaison from the RPTE Section effective with the 2013 ABA Annual Meeting.

The work of the Commission during 2012 focused on several different types of activities:

1. Policy and practice research and development, including five policy resolutions presentedto the ABA House of Delegates and the development of seven major grant-funded policyand practice publications.

2. Development of quarterly conference calls among all ABA entities involved with agingissues in addition to liaison with the Elder Law Sections of more than 30 state barassociations and collaboration with over 40 other governmental and non-governmentalagencies.

3. Co-Chairing the Planning Committee for the National Aging and the Law Conference,conducting quarterly Elder Law Essentials webinars, and participation in more than 90other professional education programs.

4. Responding to more than 2,000 requests for technical assistance.

5. Maintaining legislative tracking charts and other published resources in such fields asGuardianship, Elder Abuse, and Health-Care Decisions.

Report by the Liaison to the National Bar Association Eric M. Mathis

I attended the 87th National Bar Association Annual Convention & Exhibits that

occurred July 14 – July 19, 2012. During the Annual Convention, I attended the NBA Real Estate & Probate Law Section Meeting. Several members of the REPL Section attended the meeting; however, the Chair of the REPL Section did not. When it became apparent that the Chair was not going to make the meeting, I spoke with the attendees: (1) about the RPTE Section; (2) about my role as Liaison to the NBA; (3) reminded them of the many programs that the Sections for the two committees have conducted in the past and that RPTE maintains an interest in further collaboration; (4) informed them of the benefits of participating in the Section, including free attendance at the Spring Symposium for first time minority attendees and the Fellows Program; and (5) informed them about the Section’s Diversity Plan Grid, including the Diverse Speaker Database. I also disturbed flyers created by Antonette Smith and Hilary Clark to the attendees at the meeting and to other lawyers that I met that expressed in the Section, and placed some flyers on tables in the exhibit hall (which is the area visited most by convention attendees). Attendees were very interested in the information, particularly the Diverse Speaker Database and the fact that first-time minority attendees can attend the Spring Symposium for free. I spoke briefly with the Chair of REPL by phone who said he could not make the convention because of work obligations. I also spoke with Deke Clayborn. Deke is active member in both Sections. Deke expressed an interest in doing a CLE on the new HUD rules during the Annual Meeting. I told him I would follow-up with him about doing that program.

Since the Annual Convention, I have served as Deputy Chief of Staff to NBA President

John Page. In addition to working with the President on NBA matters daily, I have attended two NBA Mid-Year meetings. Attendance at the Mid-Year meetings gave me additional opportunities to talk to NBA members about the RPTE. EM

Spring Symposia Registration Report17-Apr-13 2013/2012

Increase2012 2013 2011

Registrations Count $ Total Count $ Total (Decrease) Count $ TotalEarly Bird $535 101 54,035$ 135 $72,225 34 18,190 112 59,920$ Regular Section Member $575 28 16,100$ 14 $8,050 (14) (8,050) 21 12,075$ ABA Member $625 8 5,000$ 8 $5,000 0 0 6 3,750$ General Admission $650 3 1,950$ 4 $2,600 1 650 2 1,300$ Speaker $325 78 25,350$ 54 $17,550 (24) (7,800) 66 21,450$ Sponsor $325 0 -$ $0 0 0 -$ First Time Attendees $400 46 18,400$ 51 $20,400 5 2,000 32 12,800$ Gov't/Academic/ YL $325 15 4,875$ 24 $7,800 9 2,925 21 6,825$ Daily, Thursday $315 12 3,780$ 7 $2,205 (5) (1,575) 12 3,780$ Daily, Friday $315 8 2,520$ 10 $3,150 2 630 8 2,520$ Total Paid Registrants 299 132,010$ 307 $138,980 8 6,970 280 124,420$

Law Student $0 16 15 $0 (1) 0 13Speaker Comp $0 4 1 $0 (3) 0 7Sponsor $0 63 48 $0 (15) 0 85Fellows $0 11 7 $0 (4) 0 10Unregistered Speaker $0 $0 0 0Other/Staff $0 $0 0 0 10First Time Minority Bar $0 17 22 $0 5 0 18 Total Comp Registrants 111 93 $0 (18) 0 143

TOTAL REGISTRANTS/Revenue 410 158,060$ 400 $164,750 -10 $6,690 423 124,420$

EventsSpouse/Guest $125 59 5,900$ 18 $2,250 (41) (3,650) 47 4,700$ Guests Under 12 $0 3 $0 3 0Symposia Reception $25 256 6,400$ 215 $5,375 (41) (1,025) 275 6,875$ Thursday Grp & Committee Lunc $25 130 2,600$ 193 $4,825 63 2,225 189 3,780$ Friday Luncheon -- RP $50 89 4,005$ 90 $4,500 1 495 100 4,500$ Friday Luncheon -- TE $50 144 6,480$ 165 $8,250 21 1,770 137 6,165$ Cancellation Fees $0 0 0Materials Only $95 7 665$ 6 $570 (1) (95) 9 855$ Onsite Fee $50 $0 0 0

26,050$ $25,770 -$280 26,875$

Registration CloseRegistration Close Registration Close

TO: Susan Talley, Chair-Elect

FROM: Dana G. Fitzsimons Jr., Bessemer Trust, Atlanta GA

CC: Robin Roy

DATE: April 18, 2013

REPORT OF LIAISON TO: ABA CPR/SOC JOINT COMMITTEE ON ETHICS & PROFESSIONALISM

As liaison to the CPR/SOC Joint Committee on Ethics and Professionalism (the “National Committee”), the following is my report on my activities and how they relate to the Section’s interests.

Current Activities. I read all notifications and releases from the National Committee. Any materials that may be of interest to the section are routed to and reviewed by the leadership of the ABA RPTE Ethics & Malpractice Committee (The “RPTE Ethics Committee”). The RPTE Ethics Committee has not concluded that any recent reports from the National Committee give rise to a need for possible action by the Section. If any reports rise to that level in the future, the RPTE Ethics Committee will obtain the consent of the Litigation & Malpractice Group leadership, and then elevate a recommendation to the Section leadership. The RPTE Ethics Committee is meeting in Washington D.C. at the spring meeting to discuss whether and to what extent reports from the National Committee should be posted on the RPTE Ethics Committee website or otherwise distributed. I also report to the National Committee on the ethics related activities of the RPTE Ethics Committee.

Future Activities. Continuation of activities above is expected. I will also attend the National Committee meeting in August as part of the ABA Meeting in San Francisco, and report to the Section leadership accordingly.

Reports from National Committee of Interest. The following items were reported from the National Committee and are of potential interest, but in my opinion (and consistent with the RPTE Ethics Committee opinion), these do not rise to the level of requiring action by the Section. I can provide additional information for any issues of interest to the Section leadership.

At the 2013 Mid-Year meeting, the Commission on Ethics 20/20 presented the following: (1) revised resolution 107A addressing foreign lawyers serving as in-house counsel in the U.S.; (2) revised resolution 107B addressing the same subject; (3) resolution 107C providing guidance to judges on pro hac vice admission for foreign lawyers; and (4) resolution 107D addressing choice of law on conflicts of issue question. All of these were adopted by the House of Delegates.

The National Committee’s Standing Committee on Specialization filed a resolution for consideration by the House of Delegates to reaccredit the Elder Law program of the National Elder Law Foundation.

ABA Formal Ethics Opinion 462, Judge’s Use of Electronic Social Networking Media, was releases and discussed.

Draft of the following additional formal ethics opinions have been reviewed, addressing: (1) use of deal of the day websites; (2) money laundering and terrorist financing; (3) social media; (4) monitoring juror’s social media pages; (5) sharing legal fees with

lawyer who share fees with nonlawyers; (6) ex parte contacts with problem-solving courts; (7) revealing information in various circumstances; and (8) settlement agreement conditioned on non-cooperation. The first two drafts have been provisionally approved, and are expected to be published.

There was an invitation to comment on proposed amendments to Rule 2.11 of the ABA Model Code of Judicial Conduct, addressing judicial disqualification.

There was an invitation to comment on a discussion draft for guidelines for possible international regulatory information exchange protocol.

MaterialsCD 78 72 (6) 91Flash Drive 159 154 (5) 138

Leadership Only $0 22 28 $0 6 30

Leadership Spouse/Guest $175 3 $525 3Friday Leadership Dinner $50 182 $9,100 122 $6,100 (60) 129 $4,900

Spring Symposia Registration Re17-Apr-13

RegistrationsEarly BirdRegular Section MemberABA MemberGeneral AdmissionSpeakerSponsorFirst Time AttendeesGov't/Academic/ YLDaily, ThursdayDaily, Friday Total Paid Registrants

Law StudentSpeaker CompSponsorFellowsUnregistered SpeakerOther/StaffFirst Time Minority Bar Total Comp Registrants

TOTAL REGISTRANTS/Revenu

EventsSpouse/GuestGuests Under 12Symposia ReceptionThursday Grp & Committee LuncFriday Luncheon -- RPFriday Luncheon -- TECancellation FeesMaterials OnlyOnsite Fee

Count $ Total Count $ Total101 54,035$ 112 59,920$

35 20,125$ 27 15,525$ 9 5,625$ 6 3,750$ 3 1,950$ 2 1,300$

88 28,600$ 69 22,425$ 0 -$ 0 -$

52 20,800$ 32 12,800$ 18 5,850$ 25 8,125$ 15 4,725$ 20 6,300$ 11 3,465$ 11 3,465$

332 145,175$ 304 133,610$

19 144 21

65 9011 10

0 01 6

20 18120 159

452 145,175$ 463 133,610$

65 6,500$ 49 4,900$

299 7,475$ 311 7,775$ 165 3,300$ 213 4,260$ 104 4,680$ 106 4,770$ 169 7,605$ 149 6,705$

10 950$ 10 950$ 11 550$ -$

31,060$ 29,360$

FINAL 2012 FINAL 2011

MaterialsCDFlash Drive

Leadership Only

Leadership Spouse/GuestFriday Leadership Dinner

86 88167 147

23 29

149 $7,450 142 $7,100

ABA Section of Real Property, Probate and Trust LawSpring Meeting Registration Report

April 17, 2013

Price # of Reg's Total Price # of Reg's Total Price # of Reg's Total Price # of Reg's Total Price # of Reg's TotalPaying Registrants

Early Bird $535 135 72,225 $535 101 54,035 $535 112 59,920 $485 134 64,990 $485 147 71,295Section Mbr $575 14 8,050 $575 35 20,125 $575 27 15,525 $525 12 6,300 $525 19 9,975Non-Section Mbr $625 8 5,000 $625 9 5,625 $625 6 3,750 $575 5 2,875 $575 18 10,3501st Timer $400 51 20,400 $400 52 20,800 $400 32 12,800 $350 46 16,100 $350 48 16,800Gov't, YL, nonprofit, Academic $325 24 7,800 $325 18 5,850 $325 25 8,125 $325 20 6,500 $325 13 4,225General $650 4 2,600 $650 3 1,950 $650 2 1,300 $625 4 2,500 $625 3 1,875Speaker $325 54 17,550 $325 88 28,600 $325 69 22,425 $325 82 26,650 $325 69 22,425Sponsor $325 0 0 $325 0 0 $325 0 0 $350 4 1,400 $350 1 350YLI (with lunch) NA NAYLI (w/out lunch) 0 $150 15 2,250 NAYIL (2-day) 0 $225 5 1,125Thursday Only $315 7 2,205 $315 15 4,725 $315 20 6,300 $315 8 2,520 $315 11 3,465Friday Only $315 10 3,150 $315 11 3,465 $315 11 3,465 $315 11 3,465 $315 8 2,520

307 138,980 332 145,175 304 133,610 346 136,675 337 143,280Free Registrants

Speaker/Fellows 8 0 15 0 31 0 66 0 36 0Law Student 15 0 19 0 14 0 14 0 9 0Other/Staff 0 0 1 0 6 0 0 0 24 0Sponsors 48 0 65 0 90Minority Bar Mbr 22 0 20 0 18 0 16 0 7 0

93 0 120 0 159 0 96 0 76 0

Total Registrants 400 138,980 452 145,175 463 133,610 442 136,675 413 143,280

EventsSpouse/Guest $125 18 2,250 $100 65 6,500 $100 49 4,900 $100 49 4,900 $100 62 6,200Welcome Reception NA NA NA NA NADiversity Breakfast NA NA NA NA $0 93 0Thursday Rec Adult $25 215 5,375 $25 299 7,475 $25 311 7,775 $25 272 6,800 $25 259 6,475Thursday Rec Guest* $0 18 0 $0 65 0 $0 52 0 $0 58 0 $0 67 0Thursday Group Lunch $25 193 4,825 $20 165 3,300 $20 213 4,260 $15 233 3,495Thursday RP Lunch NA NA NA NA $40 99 3,960Thursday PT Lunch NA NA NA NA $40 170 6,800Friday Luncheon NA NA NA NA NAFriday RP Cmt Lunch $50 90 4,500 $45 104 4,680 $45 106 4,770 $40 115 4,600 $15 88 1,320Friday TE Cmt Lunch $50 165 8,250 $45 169 7,605 $45 149 6,705 $40 167 6,680 $15 107 1,605Thursday Rec Child NA NA NA NA NAMaterials Only $95 6 570 $95 10 950 $95 10 950 $95 7 665 $75 8 600Guest Tour NA NA NA NA NAGuest Tour NA NA NA NA NAGuest Tour NA NA NA NA NA

25,770 30,510 29,360 27,140 26,960

Total Meeting 164,750$ 175,685$ 162,970$ 163,815$ 170,240$

Washington, D.C.Spring 2013 -- Pre-Meeting

PhiladelphiaSpring 2010 -- Final

Washington D.C.Spring 2009 - FINAL

New York, NYSprin 2012 -- Final

Washington D.C.Spring 2011 -- Final

Paying RegistrantsEarly BirdSection MbrNon-Section Mbr1st TimerGov't, YL, nonprofit, AcademicGeneralSpeakerSponsorYLI (with lunch)YLI (w/out lunch)YIL (2-day)Thursday Only Friday Only

Free RegistrantsSpeaker/FellowsLaw StudentOther/StaffSponsorsMinority Bar Mbr

Total Registrants

EventsSpouse/GuestWelcome ReceptionDiversity BreakfastThursday Rec AdultThursday Rec Guest*Thursday Group LunchThursday RP LunchThursday PT LunchFriday LuncheonFriday RP Cmt LunchFriday TE Cmt LunchThursday Rec ChildMaterials OnlyGuest TourGuest TourGuest Tour

Total Meeting

Price # of Reg's Total Price # of Reg's Total Price # of Reg's Total Price # of Reg's Total Price # of Reg's Total

$485 157 76,145 $485 136 65,960 $485 104 50,440 $485 201 97,485 $485 131 63,535$525 27 14,175 $525 33 17,325 $525 39 20,475 $525 35 18,375 $525 23 12,075$575 6 3,450 $575 17 9,775 $575 5 2,875 $575 6 3,450 $575 1 575$350 37 12,950 $350 39 13,650 $350 21 7,350 $350 34 11,900 $350 63 22,050

$325 22 7,150 $300 55 16,500 $300 38 11,400 $300 32 9,600 $300 35 10,500$625 6 3,750 $625 5 3,125 $625 16 10,000 $625 4 2,500 $625 5 3,125$325 72 23,400 $350 61 21,350 $350 60 21,000 $350 37 12,950 $350 65 22,750$350 10 3,500$150 15 2,250 $150 39 5,850

NA $135 6 810

$315 5 1,575 $315 9 2,835 $315 7 2,205 $315 5 1,575 $315 7 2,205$315 10 3,150 $315 11 3,465 $315 2 630 $315 9 2,835 $315 2 630

367 151,495 411 160,645 292 126,375 363 160,670 332 137,445

34 0 $0 51 $0 28 $0 42 0 $0 35 08 0 $0 21 $0 21 $0 12 0 $0 17 06 0 $0 7 $0 7 $0 0 $0 0 0

19 0 $0 53 $0 3 $0 70 0 $0 26 067 0 132 0 59 0 124 0 78 0

434 151,495 543 160,645 351 126,375 . 487 163,070 . 388 137,445

$100 85 8,500 $90 40 3,600 $100 49 4,900 100 24 2,400 100 30 3,000NA NA $0 191 0 0 0 200 0 0

$25 186 4,650 $10 257 2,570 NA 65 157 10,205 166 65 10,790$0 131 0

$40 118 4,720 $40 89 3,560 $40 104 4,160 40 113 4,520 97 40 3,880$40 132 5,280 $40 126 5,040 $40 92 3,680 40 104 4,160 104 40 4,160$40 157 6,280 $40 210 8,400 $20 184 3,680 40 139 5,560 115 40 4,600

NA NA NA 25 6 150 2 25 50$75 8 600 $75 7 525 $150 11 1,650 $150 2,400 $150 22 3,300

NA NA 48 10 480 22 15 330NA NA 47 7 329 15 40 600NA NA 40 18 720 37 46 1,702

30,030 23,695 18,070 28,524 32,412

181,525$ 184,340$ 144,445$ 191,594$ 169,857$

Washington D.C. San Diego Washington SeattleWashington D.C.Spring 2008 Spring 2007 Spring 2006 Spring 2005 Spring 2004

Paying RegistrantsEarly BirdSection MbrNon-Section Mbr1st TimerGov't, YL, nonprofit, AcademicGeneralSpeakerSponsorYLI (with lunch)YLI (w/out lunch)YIL (2-day)Thursday Only Friday Only

Free RegistrantsSpeaker/FellowsLaw StudentOther/StaffSponsorsMinority Bar Mbr

Total Registrants

EventsSpouse/GuestWelcome ReceptionDiversity BreakfastThursday Rec AdultThursday Rec Guest*Thursday Group LunchThursday RP LunchThursday PT LunchFriday LuncheonFriday RP Cmt LunchFriday TE Cmt LunchThursday Rec ChildMaterials OnlyGuest TourGuest TourGuest Tour

Total Meeting

San Francisco WashingtonSpring 2002 Spring 2001

Price # of Reg's Total Price # of Reg's Total Price of Reg's Total

$485 175 84,875 $485 189 91,665 $475 120 57,000$525 50 26,250 $525 41 21,525 $495 141 69,795$575 6 3,450 $595 5 2,975 $595 17 10,115$350 68 23,800 $350 74 25,900 $285 96 27,360

$300 10 3,000 $300 42 12,600 $250 50 12,500$300 24 7,200$625 5 3,125

$150 47 7,050$300 10 3,000 $300 10 3,000 $250 48 12,000

395 161,750 361 157,665 472 188,770

$0 20 0 $0 32 0 $0 55 0$0 24 0 $0 20 0 $0 20 0$0 10 0 $0 20 0 $0 26 0

$0 31 0 $0 7 0 $0 2085 0 79 0 121 0

. 480 161,750 440 157,665 593 188,770

$100 39 3,900 $50 64 3,200 $75 29 2,175$0 130 0 $0 255 0 $0 216 0

$65 132 10,335 $40 217 8,680 $75 155 11,625

$40 117 4,680 $20 228 4,560

$40 159 6,360

$25 5 125 $20 141 2,820 $40 168 6,720$300 12 3,600 $300 5 1,500 $250 4

$20 164 3,280 $40 154 6,16029,000 24,040 26,680

$190,750 181,705$ 215,450$

New YorkSpring 2003

2

Sustainability (both national and international issues) – Renee Dopplick and Joel Visser, Co‐Chairs. A draft program description is attached above. In addition, Lee DeHihns also working on the possible formation of an ABA Presidential Task Force on Sustainable Development.

The “Uber Conference” (a comprehensive annual SDF stand‐alone program on EENR issues) ‐‐ Bill Penny and Kevin Bruno, Co‐Chairs. The subcommittee is finalizing analysis of threshold issues: when and where should it be held? Should it be part of another SEER Conference, or otherwise – recognizing that scheduling to avoid any conflicts is key. The nature and scope are the next major focus – the group would like to increase role and involvement of SDFs in the content and direction of the “Uber Conference”. Tending toward 2 to 2‐1/2 day conference, with workout groups. If you have any thoughts on topics, please contact me. (Also, will discuss with our Environmental and Land Use Group members at the Spring meeting)

Webinars on “Federal Sustainable Energy Law Practice Primer” and “Numeric Nutrient Criteria for Water Discharges – Recent Federal, State and Court Developments” are in the final stages of organization. Due to scheduling conflicts and cost concerns, RPTE will not be co‐sponsoring these two programs. Two other Quick Teleconferences have been/or will be co‐sponsored by RPTE – one on “Environmental Law and Hurricane Sandy” (which RPTE co‐sponsored), and another upcoming on the 9th Circuit decision in Decker v. NEDC. At inception, the OSD Committee intended to put together a program, spurred by Hurricane Sandy, on what plans EPA, the Corps and FEMA have in place to deal with the risks posed to Superfund and other high risk site by natural disasters; what have been the lessons learned from Sandy, Katrina, and how are the agencies dealing with those risks from a policy and regulatory perspective? We since learned that there is an agency‐wide “Climate Change Adaptation” initiative underway at EPA, in which each Region has provided input to HQ regarding what could/should be done to address and better prepare for impacts associated with climate change, including Hurricane Sandy scenarios. The Committee is now looking at reworking the initial concept to address how climate adaptation will be mainstreamed into all EPA’s programs, policies, rules and operations, grant programs, etc. on a going forward basis, based on the Climate Change Adaption initiative. The Committee is now working on whittling down a list of proposed speakers – including agency, policy and technical for consideration by the Committee. I welcome any suggestions anyone may have. OTHER THOUGHTS In light of RPTE concerns regarding implications of co‐sponsorship of various Committee programming, I have suggested to our Chair that the Committee put together a comprehensive evaluation of the types of programming that the Committee might offer, and the proposed terms of funding and revenue sharing as well as other benefits that would be offered to the co‐sponsoring SDFs. That effort is in process, but has already led to revisions to the Decker v. NEDC brochure (specifically, members of co‐sponsoring SDFs will be entitled to a discounted registration fee). I should have complete information on this evaluation in time for the Spring Meeting and will be able to discuss this, and any other questions or concerns anyone may have on the activities of the EENR Coordinating Committee at the meeting. I look forward to seeing you all!

Laurel Lockett Attorney at Law 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4139 | Fax: 813.229.4133 [email protected] | www.carltonfields.com bio | vcard

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ABA PROGRAM PROPOSAL 2013

Section, Division, and Forum Coordination Team Numeric Nutrient Criteria Subcommittee

Submitted by: Numeric Nutrient Criteria Subcommittee of the Coordination Team Submitted Date: February 18, 2013 Program Type: Webinar Program Title: Numeric Nutrient Criteria for Water Discharges – Recent Federal, State and Court Developments Program Date: Wednesday, April 10, 2013 [tentative] Program Description: Overview: This program will address the recent developments concerning numeric standards for wastewater discharge of nitrogen, phosphorus and other nutrients. Six presenters in a roundtable setting will address these numeric nutrient criteria (NNC) from several perspectives, including those in current NNC litigation: (1) nutrient science and technology; (2) U.S. Environmental Protection Agency; (3) state regulatory agency representative; (4) non-governmental organization (NGO) representative; (5) regulated industry representative; and (6) nutrient trading specialist. A moderator will provide a high-level overview at the beginning, facilitate the timely flow of the program, moderate the Q&A opportunity, and provide concluding remarks. 1.50 hours of CLE will be provided Moderator: William M. Sloan Morrison & Foerster LLC 425 Market Street San Francisco, CA 94105-2482 Work phone: (415) 268-7209 Email: [email protected]

mailto:[email protected]

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Potential Panelists: Science and technology: Ellen Gilinsky, Ph.D. Senior Policy Advisor Office of Water Environmental Protection Agency 1200 Pennsylvania Ave., NW Washington, DC 20460 Work - 202-564-2549 Cell - 202-236-6882 Email: [email protected] or Martha Sutula, Ph.D. Principal Scientist, Biogeochemistry Department Southern California Coastal Water Research Project 3535 Harbor Blvd, Suite 110 Costa Mesa CA 92626 Work: 714-755-3222 Cell: 949-933-2138 Email: [email protected] State regulatory agencies: Alex Dunn Executive Director and General Counsel Association of Clean Water Administrators 1221 Connecticut Avenue NW, 2nd Floor Washington, DC 20036 Phone: (202) 756-0600 Cell: (202) 230-4247 Email: [email protected] Rik Rasmussen CA Water Resource Control Board Water Quality 1001 I Street, 15th Floor Sacramento, CA 95814 Phone: (916) 341- 5549 Email: [email protected]





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NGO: Corinne Van Dalen Clinical Instructor Tulane Environmental Law Clinic 6329 Freret Street New Orleans, LA 70118 Phone: (504) 862-8818 Email: [email protected] Regulated industry representative: Nathan Gardner-Andrews NACWA 1816 Jefferson Place, NW Washington, DC 20036 Phone: 202.833.3692 Email: [email protected] or Amanda J. Waters, Esq. Government Affairs Counsel Water Environment Federation 601 Wythe Street Alexandria, VA 22314 Phone: 703-684-2400, ext. 2432 Email: [email protected] Nutrient trading specialist: G. Tracy Mehan, Esq. The Cadmus Group, Inc. 100 Fifth Avenue Waltham, MA 02451 Phone: 617-673-7000 Fax: 617-673-7001 Email: [email protected] Anticipated Audience: Practitioners involved in wastewater issues from federal and state governments, private industries and NGOs





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Estimated number of attendees: 50 - 100 Time: 90 minutes Format: Multiple presentations in an informal roundtable format, with each participant giving a single presentation for 10 minutes Moderated 25-minute Q&A session Intro, introductions, and concluding remarks estimated to take 5 minutes Written Materials: A short paper from each speaker, supplemented by relevant body of NNC materials, including available NNC litigation briefs Potential Co-Sponsors: Section of Environment, Energy and Resources Section of Litigation Section of Business Law Section of Administrative Law and Regulatory Practice Section of Science and Technology Law Section of State and Local Government Young Lawyer Division Written Materials: A short paper or materials from each speaker, supplemented by relevant body of publicly available litigation briefs Potential Co-Sponsors: Section of Environment, Energy and Resources Section of Litigation Section of Business Law Section of Administrative Law and Regulatory Practice Section of Science and Technology Law Section of State and Local Government Young Lawyers Division

ABA Program Proposal – Sustainable Energy 1 2/8/2013

ABA PROGRAM PROPOSAL 2013 Section, Division, and Forum Coordination Team

Submitted by: Sustainability Subcommittee Submitted Date: February 8, 2013

Program Type: Teleconference or Webinar Program Title: Federal Sustainable Energy Law Practice Primer: Understanding the

Basics

Program Date: Wednesday, April 3, 2013 [subject to scheduling] Program Description:

Overview: Intended as the first teleconference/webinar in a series, this program will provide the basics of federal sustainable energy law practice. Three experienced presenters will address sustainable energy issues related to: (1) financing and tax, (2) federal regulations, and (3) litigation/risk management, including both government enforcement and citizen suits. A moderator will provide a high-level overview at the beginning, facilitate the timely flow of the program, moderate the Q&A opportunity, and provide concluding remarks.

Marketing text: [subject to revisions with additional input from the speakers]

Looking to attract renewable energy clients as part of your practice? Get up to speed quickly on the important legal issues you need to know for practicing law and the important intersection of renewable energy and sustainability. Our expert speakers will provide a primer, discuss cutting-edge issues, and offer practical everyday advice. Once you’ve acquired the foundational knowledge, you’ll have the opportunity to interact with the speakers to get answers to your specific questions. Financing and Incentives

Learn practical tips on how the legal frameworks and opportunities can enable your clients to get clean energy loans and federal tax credits.

Understand key issues, such as what constitutes “commenced construction,” and how to translate that into tax credits and financing opportunities in 2013.

Federal Laws and Regulations

Get a 10-minute handy outline of essential laws and regulations that every go-to “green” practitioner operating in the renewable energy world needs to know.


Gain insights into the latest revisions of the FTC Green Guides and help your clients avoid making misleading environmental claims.

Litigation and Risk Management

Get a practitioner’s perspective on which key factors drive litigation in the renewable energy field and how to manage and avoid litigation risks.

Learn about the new trends in title insurance and their impacts on severable improvements and integrated projects.

This teleconference is part of a series for 2013 to provide you with the latest developments on important legal issues in sustainable development.

CLE/Non-CLE: [awaiting additional input from SEER education and programming] Speakers:

Moderator:

Confirmed Invited Not Contacted

Name: Roger R. Martella, Jr.

Title: Partner, Environmental Practice Group

Affiliation: Sidley Austin LLP

Address: Washington, D.C.

Telephone: (202) 736-8097

Email: [email protected]

Expertise: Environmental Law, Energy Law, Climate Change Law

Panelists:


Name: Roberta Mann Title: Professor Affiliation: University of Oregon School of Law Address: Eugene, Oregon Telephone: (541) 346-3854 Email: [email protected]

Expertise: Financing, Tax, Tradable Commodities Notes: Authored chapter in the 2011 ABA book: THE LAW OF CLEAN

ENERGY: EFFICIENCY AND RENEWABLES; Section of Taxation, Chair of Tax Policy and Simplification Committee

http://apps.americanbar.org/abastore/index.cfm?pid=5350208&section=main&fm=Product.AddToCart




Name: Michael Gerrard

Title: Director, Center for Climate Change Law

Affiliation: Columbia Law School

Address: New York, NY

Telephone: (212) 854-3287


Expertise: U.S. Federal Laws and Regulations

Notes: Editor of the 2011 ABA book: THE LAW OF CLEAN ENERGY: EFFICIENCY AND RENEWABLES


Name: Robert A. Wyman, Jr.

Title: Partner; Global Chair of the Environment, Land & Resources Department and Global Co-chair of the Air Quality and Climate Change Practice

Affiliation: Latham & Watkins

Address: Los Angeles, CA

Telephone: (213) 891-8346


Expertise: Litigation and Risk Management

Diversity: Does this program promote diversity of experiences, viewpoints, skills, and backgrounds?

Yes No. Explain briefly ______________________________________ Anticipated Audience:

Type: Early career, small practice, corporate attorneys.______ Number of attendees: 25-50 50-75 75-100 100+

Level of Difficulty: Beginner Intermediate Advanced Time: 60 min 90 min 120 min

Format: Multiple presentations, with each participant giving a single presentation

for 10-15 minutes. Moderated 10-minute Q&A session. Intro, introductions, and concluding remarks estimated to take 5-minutes.

Video/Audio Archive: Requested Mandatory Written Materials: Agenda. Short overview.




Primary Sponsor: Sustainability Subcommittee of the SDF Coordination Team Potential Co-Sponsors:

SEER, Energy Infrastructure Committee SEER, Climate Change, Sustainable Development, and Ecosystems Committee SEER, Energy and Natural Resources Litigation Committee SEER, Energy and Natural Resources Market Regulation Committee SEER, International Environmental and Resources Law Committee SEER, Renewable, Alternative, and Distributed Energy Resources Committee SEER, Smart Growth and Green Buildings Committee

Section of International Law, International Energy and Natural Resources Committee Section of International Law, Young Lawyers Division, Environment, Energy and Resources Law Committee Section of International Law, Young Lawyers Division, Tax Law Committee Section of Litigation, Energy Litigation Committee Section of Litigation, Environmental Litigation Committee Section of Litigation, Solo & Small Firms Committee Section of Real Property, Trust and Estate Law, Land Use and Environmental Group (a cluster of Committees) Section of Taxation, Energy and Environmental Taxes Committee Section of Taxation, Tax Policy and Simplification Committee Section of Administrative Law and Regulatory Practice, Energy Committee Section of Administrative Law and Regulatory Practice, Environmental and Natural Resources Regulation Committee

Estimated Total ABA Member Reach: 5,500


Budget:

Potential funding models include:

CLE fee-based model, per person

Non-CLE fee-based model, per person/per location

Subsidized teleconference participation

o Free registration for X attendees; fee beyond that cap.

o Free registration for all attendees; concern of uncapped and unpredictable cost. Also, it might make it more difficult for ABA to charge fees for non-CLE programs because members may expect more free programming.

Archived audio/video as fee-based versus free

Proposed Program Planning Timeline:

Proposal due: February 8, 2013 SDF Leadership decision: February 25, 2013 Co-sponsorships: February 26-March 1, 2013 IT/Telecomm plan: March 1, 2013 Communications plan: March 1, 2013 Confirm speakers: March 8, 2013 Panelists conference call: March 14, 2013 (finalize flow, topics, logistics) Marketing emails: March 8-March 25, Apr 2 Presentations/written materials: March 29, 2012 (finalize, circulate to all panelists) Teleconference: April 3, 2013 Follow-up call: April 5, 2013 Co-sponsor thank you emails: April 5, 2013



Group Committee Date Participants Title


119

Professor’s Corner- Recent Developments in Title Insurance and Title Services. Professors’ Corner is a monthly teleconference featuring three law professors discussing recent cases or issues of interest to real estate practitioners and scholars. This month’s outstanding panel will include Professors Joyce Palomar (Univ. of Oklahoma), Barlow Burke (American Univ.) and Eileen Roberts (William Mitchell).


28

Professors’ Corner Professors’ Corner is a monthly teleconference featuring three law professors discussing recent cases or issues of interest to real estate practitioners and scholars. December’s call is on “The Future of Impact Fees and Growth Management.” This panel will include Professors Julian C. Juergensmeyer (Georgia State University), Alan C. Weinstein (Cleveland-Marshall), and James C. Nicholas (University of Florida).


118

Professors’ Corner is a monthly teleconference featuring three law professors discussing recent cases or issues of interest to real estate practitioners and scholars. The January 2013 Call is “Shale Gas and Tight Oil: A “Fracking” Primer for Real Property Lawyers.” Our outstanding panel will include Professors Keith Hall (Louisiana State University), Blake Watson (University of Dayton) and Hannah Wiseman (Florida State University).


60

Professors’ Corner is a monthly teleconference featuring three law professors discussing recent cases or issues of interest to real estate practitioners and scholars. The February 2013 Call is “REMIC and REMIC Failure.” Our outstanding panel will include Professors Bradley Borden and David Reiss of Brooklyn Law School. They will discuss the significance of REMIC in the creation of securitization structures and the potential legal consequences of REMIC failure.


Professor's Corner - Monthly panel discussion on recent cases/issues of interest to real estate practitioners.


Professor's Corner - Monthly panel discussion on recent cases/issues of interest to real estate practitioners.

Legal Ed Group




Legal Ed Legal Education and Uniform Laws 4/11/12

26

Professor’s Corner: Join the Group for the first in a series of monthly calls featuring a panel of three law professors who will highlight and discuss recent real property cases of note. This panel includes Professors Roger Bernhardt (Golden Gate), Julie Forrester (Southern Methodist) and Danny Bogart (Chapman), and will include discussion of recent cases involving lien priorities and equitable subrogation. The cases discussed, and links to the opinions, appear on the Group Website.

Legal Ed Uniform LawsLegal Ed Uniforms Laws 5/9/12

24

Professors' Corner: Legal Education and Uniform Laws Group Call: Join the Legal Education and Uniform Laws Group for a monthly call featuring a panel of three law professors who will highlight and discuss recent real property cases of note. This call will discuss several recent cases involving mortgage subordination and beach access. The panel will include Professor Wilson Freyermuth (University of Missouri) and Professor Matt Festa (South Texas College of Law).

Legal Ed Uniforms Laws 7/11/12

67

Professors’ Corner The July 2012 Professors’ Corner will focus on recent cases involving mortgage foreclosure and lien priorities. Panelists for this one‐hour call will include Professors Grant Nelson (William H. Rehnquist Professor of Law, Pepperdine University and co‐Reporter, Restatement of Mortgages), Ann Burkhart (Curtis Bradbury Kellar Professor of Law, University of Minnesota), and David Reiss (Professor of Law, Brooklyn Law School). For further information and links to the cases to be discussed by the panelists, see the Group webpage.

Legal Ed Legal Education




Practice Management Economics, Technology & Practice MethodsPractice Management GroupPractice Management Ethics & ProfessionalismPractice Management RP Litigation & ADRPractice Management Pro Bono




Land Use GroupLand Use GroupLand Use Land Use and ZoningLand Use Condemnation 6/28/11

22

"Shovel-ready" projects. With the recent popularity of "shovel-ready" projects as part of federal stimulus acts, there has been an increase in roadway projects and upgrades that were accomplished without the acquisition of additional right of way property. Some of these roadway projects may have undoubtedly damaged the adjoining property in various ways, but the adjoining property owner still may not have a basis for an inverse condemnation claim. This presentation will explore the issue of when a right of way change without a physical taking can and cannot serve as the basis for a valid inverse condemnation claim.

Land Use EnvironmentalLand Use Property TaxLand Use Governmental Incentives 3/24/11

17

Harry Kelly will be speaking on Federal Government contracting in real estate. This session will examine the Federal Government's role in real estate-related activities, including incentives, acquisitions, development, rental, subsidy and other programs. Looking at a variety of Federal programs as case studies, the session will discuss a variety of issues (including procurement versus non-procurement Federal Government contracting), and how they affect many federal programs.




Commercial Group 9/22/10

not available

Foreseeing, Forewarning and Forestalling Foreclosure: Billions of dollars in commercial real estate loans are scheduled to become due over the next several months. Now is the time for commercial real estate lenders and borrowers to be prepared. Dean Alterman of Folawn Alterman & Richardson LLP in Portland, Oregon and Racole Henry of Gladstone Law Group, Boca Raton, Florida will lead a practical discussion on the various loss mitigation options available to lenders, borrowers and investors in anticipation of default circumstances, foreclosure and litigation, including workouts, receiverships and restructurings.

Commercial Group 12/16/10

58

Current Developments in Green Leasing. Louise Adamson of K&L Gates, San Francisco, Jennifer Pappas of Alexandria Real Estate Equities, Inc., Pasadena, California, Marc Maiona of Cyber Lease, LLC, Irvine, California, and Steve Teitelbaum of Jones Day, Washington, DC will discuss diverse topics in this evolving area of the law. Among the topics that will be covered are a recent lawsuit filed against the US Green Building Council alleging that the LEED certification does not produce the energy efficiencies claimed, the incorporation of LEED into State and local building codes and US GSA standards, the relevance of LEED in the landlord/tenant context, updates to the BOMA green lease and insights on operational expenses incurred to comply with LEED. Comments and questions will also be entertained.




Commercial Purchase and Sale 3/19/13

65

Best Practices in Commercial Real Estate Purchase Sale Transactions: U.S. and Canada Perspectives. Commercial real estate and purchase and sale activity is on the rise. Critical to the success of any commercial real estate transaction is adequate diligence and skill in exploring the property and legal issue related to the transaction. Join this roundtable discussion on the best practices in commercial real estate purchase and sale transaction due diligence, from U.S. and Canada perspectives. Panelists will include seasoned commercial real estate practitioners Marc Douthit, of Douthit Law, LLC, and Rachel Hutton, Michael Witt, and Nili Birshtein of Stikeman Elliott, LLP. The discussion will be moderated by the Vice-Chair of the Commercial Real Estate Purchase and Sale Committee, C. Mario Paura, of Stikeman Elliott, LLP.

Commercial Purchase and Sale Committee 12/8/11

59

CAVEAT EMPTOR: Due Diligence Considerations in Purchasing Distressed Commercial Real Estate Assets In today’s real estate market there are countless opportunities to invest in distressed real estate assets and investors want to make prudent investment decisions. In this call, Racole Henry of Aldridge Connors, LLP in Boca Raton, FL and Dean Alterman of Folawn, Alterman & Richardson LLP in Portland, OR will lead a practical discussion on the due diligence steps lawyers should take in advising and representing parties in distressed real estate acquisition transactions.

Commercial Purchase and Sale Committee 2/13/12

61

For Attorneys New to Real Estate: Commercial Real Estate Transaction Negotiations, Challenges and Pointers. This one hour program will orient participants to common challenges encountered by new attorneys in three typical negotiations: purchase and sale, leasing, and covenants/servitudes. Fundamental principles to prepare for such negotiations will be discussed. Heather McGowan will be leading the discussion on leasing negotiations, Minming Wu will be leading the discussion on covenants/servitudes negotiations, and Racole Henry will be leading the discussion on purchase and sale negotiations. Note: Participants may be asked to access the group webpage during the call.

Commercial Purchase and Sale Committee 12/4/12 18 Unknown




Commercial Design and ConstructionCommercial Easements, Restricitions and Covenants 6/27/12

40

Representing Landowners in Land Conservation Transactions: Conservation easements offer landowners a way to realize personal and financial objectives. Depending on their situation and objectives, landowners have a number of options, including selling easements, making full or partial donations of land or of interests; or creating a bequest. This one hour program examines basic conservation law and practice from the point of view of the landowner. It is intended to provide attorneys engaged in real estate, land use, environmental, trust and estates, tax and general practice with a useful overview of the planning, drafting and administration of conservation easements.

Commercial Title Insurance and SurveysCommercial Title Insurance and Surveys Committee 9/21/11 ABA Seminar on CPLsCommercial Property, Casualty, and Other Non-Title Insurance

Committee11/9/11

59

Insurance Issues in Triple Net Leases This program will discuss insurance issues that arise in lease transactions in which the tenant is providing insurance coverage for the landlord as part of a triple net lease arrangement that is common with credit tenant arrangements. The presentation will focus on potential gaps in coverage that could adversely affect the landlord. Speakers will be Scott Osborne of Summit Law Group, Seattle, WA and Alexandra Glickman of Arthur J. Gallagher & Co., Los Angeles, CA.

Commercial Property, Casualty, and Other Non-Title Insurance Committee

2/28/13

49

Storm Tracker: How will more frequent and more severe weather be handled in insurance underwriting and pricing? Dealing with the impact of the insurance industry via underwriting; rating and pricing becomes a function of trying to project frequency and severity with some educated guesswork as to possible loss distribution. The inclination of various governmental bodies, especially those of the States, to getting into insuring risks in what they perceive to be the public interest as well as potential federal and state legislation all contribute to threatening times ahead. Insurance experts discuss likely changes and possible results in this discussion hour.




Commercial Green and Sustainable Transactions Committee 4/4/12

18

A Green Construction Case Study: Best Practices and Litigation Risk Mitigation in Sustainable Design and Construction: Bruce Merwin will present a green construction case study identifying several key issues to be addressed in contracts with the architect and contractor; Keith Shuley will discuss the pitfalls and risks for the unwary in the context of architectural insurance issues; and Pat Perrone will discuss a number of green design and construction issues that have resulted in litigation.

Commercial Green and Sustainable Transactions Committee 12/13/12

7

This call will focus on Brownfield redevelopment projects, including Nancy Rich's discussion of the differing legal issues associated with representing various project participants -- e.g., developers, remediation contractors and lenders, Willis Senior Vice President Max West on environmental insurance, and Thomas Barrasso of environmental consulting firm Bradburne, Briller & Johnson, and formerly with EPA and the City of Boston, on project funding and implementation issues.




Residential GroupResidential Single Family Residential 9/25/12

4

Chris Christensen, Chair of the Single Family Residential Committee will provide an overview of the CFPB Proposed Regulations on revisions to the HUD-1/Settlement Statement. We will discuss the impact of the revisions on independent title/settlement agents and to the consumer.

Residential Single Family ResidentialResidential Multi-Family Residential 8/16/11 Affordable Housing Update: Our call will focus on the various creative

financing mechanisms for developing affordable housing in these challenging economic times to include resources from foundations, local municipalities, and industry development agencies (IDAs), to name a few. The speaker will be Jasleen Anand, Chair of the Affordable Housing Committee.

Residential Multi-Family Residential Committee 12/4/12

25

CMBS 2.0: A New Beginning or Will History Repeat Itself On this call, the Committee will discuss what are commonly viewed as the key contributing factors to the CMBS 1.0 collapse and whether or not the new requirements, regulations and underwriting standards under the new CMBS 2.0 will prevent a similar result. This call will be an open group discussion and recent articles and opinions of certain industry experts will serve as the starting point of the discussion.

Residential Senior Housing and Assisted LivingResidential Senior Housing and Assisted Living Committee 4/9/13

20

Got a call from my client – getting sued for discrimination, now what? Scott P. Moore, Esq. of Baird Holm LLP and Mark S. Alper, Vice President of Compliance for the National Center for Housing Management will lead a conversation on senior housing, reasonable accommodations and Fair Housing Litigation.

Residential Affordable Housing




Leasing Group 11/17/1039

The Retail Leasing Committee will hold its next call in the series, "The Nuts and Bolts of Retail Leases." The subject of the call will be "Percentage Rent."

Leasing Group 12/16/10 Current Developments in Green Leasing. Louise Adamson of K&L Gates, San Francisco, Jennifer Pappas of Alexandria Real Estate Equities, Inc., Pasadena, California, Marc Maiona of Cyber Lease, LLC, Irvine, California, and Steve Teitelbaum of Jones Day, Washington, DC will discuss diverse topics in this evolving area of the law. Among the topics that will be covered are a recent lawsuit filed against the US Green Building Council alleging that the LEED certification does not produce the energy efficiencies claimed, the incorporation of LEED into State and local building codes and US GSA standards, the relevance of LEED in the landlord/tenant context, updates to the BOMA green lease and insights on operational expenses incurred to comply with LEED. Comments and questions will also be entertained.

Leasing Group Group 12/14/11

70

The Nuts and Bolts of Retail Leases Speakers on this call will discuss the various considerations of landlord and tenant in negotiating lease provisions regarding base rent and base rent increases.

Leasing Group Group 2/22/12 Speaker David Andress will present on the Nuts and Bolts of Retail Leases—Percentage Rent Provisions.

Leasing Group Group 1/16/13

56

What’s the big deal? Negotiating Term Sheet Issues in Major Build-to-Suit Industrial or Warehouse Facility Lease: Summary: A review and discussion from the landlord’s and tenant’s perspectives of major issues that may often arise in putting together a term sheet for a large build-to-suit lease for industrial or warehouse facility. Discussion will include examples of how the best laid plans can fail to work out.




Leasing Retail Leasing 2/7/11

69

The Nuts and Bolts of Retail Leases: "Exclusives" Materials for the call will be available under the "Publications" section of the Retail Leasing Committee's web page. The "Nuts and Bolts of Retail Leases" is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the retail leasing field, with a basic understanding of lease provisions and their, sometimes, unique application to retail leases. Over the course of the series, co-hosts will fully negotiate a retail lease, from a landlord's and tenant's perspective, so that attendees may gain an understanding of the relevant issues.


69

Nuts and Bolts of Retail Leases: Indemnity: What Do You Really Need? Materials for the call will be available under the "Publications" section of the Retail Leasing Committee's web page. The "Nuts and Bolts of Retail Leases" is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the retail leasing field, with a basic understanding of lease provisions and their sometimes unique application to retail leases. Over the course of the series, co-hosts will fully negotiate a retail lease, from a landlord's and tenant's perspective so that attendees may gain an understanding of the relevant issues.


25

The Nuts and Bolts of Retail Leases: "Radius Restrictions" Materials for the call will be available under the "Publications" section of the Retail Leasing Committee.The "Nuts and Bolts of Retail Leases" is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the retail leasing field, with a basic understanding of lease provisions and their sometimes unique application to retail leases. Over the course of the series, co-hosts will fully negotiate a retail lease from a landlord's and tenant's perspective so that attendees may gain an understanding of the relevant issues





24

Common Areas and CAM. The "Nuts and Bolts of Retail Leases" is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the retail leasing field, with a basic understanding of lease provisions and their, sometimes, unique application to retail leases. Over the course of the series, co-hosts will fully negotiate a retail lease, from a landlord's and tenant's perspective, so that attendees may gain an understanding of the relevant issues.Materials for the call will be available under the "Publications" section of the Retail Leasing Committee's web page.

Leasing Group Retail Leasing 10/19/11 Nuts and Bolts of Leasing: How Are Retail Leases Different from Office Leases?

Leasing Group Retail Leasing 4/18/12

58

The Nuts and Bolts of Retail Leases: Speakers will discuss the various considerations of landlord and tenant in negotiating lease provisions regarding the term, early termination rights, renewal options and holding over.

Leasing Group Retail Leasing 6/20/12 21 Nuts and Bolts of Leasing: Maintenance and Repair Provisions Leasing Group Retail Leasing 7/18/12 28 Putting the "Ease" in Shopping Center Easements and DeclarationsLeasing Group Retail Leasing 8/15/12

50This call will focus on the nuts and bolts of retail leasing, especially focusing on tenant exclusives.

Leasing Group Retail Leasing 12/19/12

43

The Leasing Group will hold its next call in the series, “The Nuts and Bolts of Retail Leases” on December 19, 2012. Speakers Catherine Long of The Hutton Company, Chattanooga, Tennessee and Andy Gardner of McDonald Hopkins LLC in Cleveland, Ohio will discuss topics to be considered when preparing and negotiating a Letter of Intent for a retail tenant (“LOI”). The call will legal issues related to LOI’s including those provisions that are typically designed to be “binding” on one or both parties. We will also discuss some practical considerations, such as how an LOI is used by landlords and tenants in the deal approval process, lawyer involvement in the LOI process and what is typically included in an LOI.




Leasing Group Retail Leasing 2/27/13 The Leasing Groups Retail Leasing Committee will hold its next call in the series, “The Nuts and Bolts of Retail Leases”. Speakers Stephanie J. Sprenkle, Mark Tipperman, and Andrew G. Gardner will discuss Ground Leases vs. Space Leases.

Leasing Group Office Leasing 5/30/12

36

Expansion Rights in Office Leases: This one (1) hour call will focus on expansion rights in office leases. Speakers Art Menor of Shutts & Bowen in West Palm Beach and Scott Fielding of Sherrard & Roe in Nashville will explore the different types of expansion rights typically found in office deals, including rights of first offer and rights of first refusal. Art and Scott will discuss the different challenges faced by landlord and tenants in dealing with these types of rights and will provide practical negotiating and drafting tips for office leasing practitioners.

Leasing Office LeasingLeasing Industrial Leasing 1/20/11

119

How many Rentable Feet are in a Square Foot - What Leasing Lawyers Need to Know about Measuring Premises. William Tracy of Building Area Measurement LLC will discuss the basics of premises measurement in a free call sponsored by the Warehouse and Industrial Leasing Committee of the ABA's Leasing Group. The amount of space that your client is leasing is just as important as the rental rate. Learn about the differences between rentable area and usable area, common area factor and other concepts that affect your client's bottom line. Bill will cover space measurement in office, retail and industrial leases, and provide an update on recent changes in BOMA space measurement standards. Materials for the call will be available on the committee's website.




Leasing Group Industrial Leasing 1/18/12

52

Topic of Discussion: Latest trends in design-build agreements. The Warehouse & Industrial Leasing Committee is pleased to present a program on the latest trends in Build to Suit Agreements. In addition to current trends, the program also will cover the basics of build to suit agreements, including a description of how build to suit agreements work and why builders and developers use them. Our speakers will be Ray Fogg, Jr., President of Ray Fogg Corporate Properties and Zack Paris, a partner with Jones Day in its Cleveland office. Moderator: Robert Shansky

Leasing Emerging Issues and Specialty Leases 11/4/10

20

Arbitration of Lease Disputes Concerning Rent Adjustments and Other Lease Valuation Issues. presented by Arthur Mazirow, Esq. CRE of the California Bar. Arthur's materials may be obtained from the Leasing Group website.

Leasing Group Emerging Issues and Specialty Leases Committee 11/16/11

46

New York City's "Green Lease": Model Energy Aligned Lease Language Last summer New York City announced that the first lease incorporating green lease language addressing the split incentive developed by the Mayor's Office of Long‐Term Planning and Sustainability had been signed. Steve Teitelbaum ‐‐ author of BOMA's Commercial Lease Guide to Sustainable and Energy Efficient Leasing for High‐Performance Buildings, and a participant in the NRDC task force that provided some of the foundation for NYC's efforts ‐‐ will review the model language and lead a discussion of the issues.

Leasing Group Emerging Issues and Specialty Leases Committee 11/28/12

64

Food Truck: Lease or License Anna Trimble, an attorney with Jackson Walker L.L.P., will lead a discussion of the emerging issues surrounding the food truck leasing phenomena. BYOF (Bring Your Own Food)!




Leasing Assignment and Subletting 3/3/11

59

Landlord Consent Agreements to Assignments and Subleases. The committee call will focus on the agreements by which landlords agree to consent to assignments and subleases. Commercial leases usually provide that the landlord must consent to an assignment or a sublease. While the landlord could simply write a letter of approval or sign the transfer document to confirm its approval, the landlord, transferor (assignor or sublandlord), and the transferee (assignee or subtenant) each can gain by entering into a more formal consent agreement. Please join us to hear a spirited discussion of consent agreements, including the concerns of each party to the agreement and possible compromise positions. Our panelists are Cynthia Alexander, Deputy City Attorney for the Los Angeles City Attorney's Office; Merle Sustersich, Senior Vice President-Legal for B.F. Saul Company, and James Goodrich of Saul Ewing LLP.

Leasing Group Assignment and Subletting 3/5/12

46

This is the second of a series of discussions sponsored by the Assignment and Sublet Committee on the anatomy of a sublease. At the first session, the Committee discussed due diligence for a sublease. For this call, the panelists will compare different forms of subleases - i.e., the "mini lease" form, an "incorporation by reference" form, and an "incorporate only the tenant obligations" form. The call will then move on to the sublease itself, time permitting. In subsequent sessions, the Committee will review a form of sublease on a section by section basis, reviewing the issues raised by the sublease for both the sublandlord and subtenant.

Leasing Group Assignment and Subletting 3/21/12

62

Negotiating the “No Consent” Assignment and Sublet Clause – When is a Consent Not a Consent? The typical assignment and sublease clause requires the tenant to obtain the landlord’s consent to an assignment or sublet. When should you ask for an exception to the consent requirement? Is your “no consent” right illusory? What other issues are raised by “no consent” transactions? The panelists will discuss how to negotiate an effective “no consent” clause, highlighting both the landlord’s concerns and the tenant’s concerns.




Leasing Group Assignment and Subletting Committee 12/19/11

78

Anatomy of a Sublease: This is the first of a series of discussions sponsored by the Assignment and Sublet Committee on the anatomy of a sublease. For the first session, speakers will discuss due diligence for a sublease and compare different forms of subleases – i.e., the “mini lease” form, an “incorporation by reference” form, and an “incorporate only the tenant obligations” form. Speakers will then move on to the sublease itself, time permitting.


Anatomy of a Sublease - Stand Alone Subleases vs. Incorporation by Reference Subleases


49

The panelists at this session will discuss commencement date issues in subleases, focusing primarily on conditions to the commencement date, including the condition of the premises, requirements for landlord consent and SNDAs, late delivery issues, and drop dead dates.


83

Sublease Mayhem! Does the lease you negotiated include all the bells and whistles needed to give the tenant an effective right to sublease? What are the “must have” clauses for the large tenant? For the small tenant? What are the hidden traps in the lease that could prevent the tenant from subleasing? And while we’re at it, what is a recognition agreement and what should it contain? All this (and more!) will be discussed by the panelists at our March 20 program.

Leasing Ground Leasing




Leasing Group Ground Leasing 9/21/11

45

Now that you've ground leased the property: financing the construction




Hospitality Common Interest Ownership DevelopmentHospitality Group 12/11/12

36

Cancellation of Debt Income in Loan Workouts Graeme F. Philp, a tax partner with Womble Carlyle, will provide an overview of the IRS regulations relating to cancellation of debt (COD) income and discuss the most commonly overlooked taxable events in a loan workout. Mr. Philp will also discuss opportunities for minimizing COD income from the perspective of the lender, developer and borrower.

Hospitality Group 3/19/13 7 UnknownHospitality Hotels, Resorts and TourismHospitality Timesharing and Interval Uses




Financing Group 2/19/1356

SNDA Highlights: Issues in negotiating a Subordination, Non-Disturbance and Attornment Agreement.

Financing GroupFinancing Mortgage LendingFinancing Securitization and Special Financing Techniques

Financing Construction LendingFinancing Workouts, Foreclosures and BankruptcyFinancing Legal Opinions in Real Estate Transactions




Special Investors GroupSpecial Investors Partnerships and Limited Liability Companies 12/8/10

32

Richard R. Gans, Esquire (Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A.; Sarasota, FL) will present the facts of the case and provide us with an update on Florida's legislative efforts to address Olmstead . Mr. Gans is a member of the Section Council of the Florida Bar Real Property Probate and Trust Law Section - the Section of the Florida Bar which is spearheading legislative efforts to address the perceived holes left in the wake of the Olmstead decision. After Mr. Gans makes his presentation, participants will be given an opportunity to update callers concerning any specific Olmstead-related legislative measures being considered by jurisdictions other than Florida.For those of you who are not familiar with Olmstead, in that case the Florida Supreme Court held that a judgment creditor was permitted to obtain equitable relief and foreclose on a single members' LLC interests, rather than obtaining a charging order. The Court's rationale behind this decision was that the Florida LLC Act does not expressly provide that charging orders are the "exclusive remedy" of judgment creditors. In addition, the majority opinion seemed to take the position that its decision doesn't apply to multi-member LLC's, but the dissent expressed some concern about the veracity of this position.

Special Investors Partnerships and Limited Liability Companies Committee

11/16/11

31

focus on the latest developments on the Treasury Department’s efforts to prevent the use of U.S.Based business entities as vehicles for money laundering and financing terrorist activities. Gary Sutton and Sarah Runge, both from the Treasury Department, will report on the status of the so‐called ‘Levin Bill’ as well as Treasury’s continued efforts to comply with recommendations made by the Financial Action Task Force. If enacted, the Levin Bill would require all states to collect (and require periodic updates of) the name and address of each “beneficial owner” of an entity formed within its jurisdiction. The Levin Bill has been proposed by Senator Carl Levin (D‐Mich.) to ensure that the United States complies with certain recommendations made by the Financial Action Task Force, which is an inter‐governmental policymaking body.




Special Investors Real Estate Investment FundsSpecial Investors Real Estate Investmennt TrustsSpecial Investors Life Insurance Company Investments Committee 1/26/12

35CMBS 2.0 – What has Changed (and What It Means for Life Company Lenders) presented by Kahlil Yearwood of the San Francisco office of Dechert LLP.

Special Investors Life Insurance Company Investments Committee 4/5/1216

Topic Unknown

Special Investors Life Insurance Company Investments Committee 1/31/1321

Unknown

Special Investors Land TrustsSpecial Investors International Investments in Real EstateSpecial Investors Federal Taxation of Real Estate




Income & Transfer Tax Generation Skipping Transfers 3/22/12

70

Hot New Developments: This call will cover several hot new developments including the following: Update on Same-Sex Marriage: Prop 8 Case Sets Up Possible Supreme Court Challenge (Matthew J. MacLean); 2013 Budget Proposal - Coordination of Income and Transfer Tax Rules Applicable to Grantor Trusts (M. Allison Taylor); Update on Decanting Request for Comments - Notice 2011-101 (Amy Heller and Rana Salti); New Form 8938 and Temporary Regulations under Section 6038D (Michael Rosen-Prinz); FATCA withholding regulations under 1471-1474 (Amy Heller)

Income & Transfer Tax Group 11/2/10

99

Mickey Davis of Bracewell & Giuliani, will lead an interactive discussion of practical considerations in advising clients regarding year-end gifts and estate administration in 2010. We will also hear about developments affecting estate and international tax planning/reporting from Keri Brown of Baker Botts LLP; Tracy Blake Devlieger of Gadsden Schneider & Woodward LLP; Amy Heller of Weil Gotshal & Manges LLP, and Andrew Stone of McDermott Will & Emery.


156

The Income and Transfer Tax Planning Group will host an open and interactive discussion regarding the recent legislative changes affecting planning, administration and compliance under the new estate, gift, GST and income tax developments.


102

Please join us for an interactive discussion focusing on tax return preparation issues. Adam Sherman, and one of our Section Fellows, Ryan Walsh, will lead our discussion of common pitfalls and practical issues related to the preparation of gift tax returns, including GST tax reporting and compliance. Lenny Thebarge, one of the co-authors of our Group's comments on the draft Form 8939, will discuss issues in reporting the allocation of basis for estates of decedents dying in 2010. We welcome your questions and contributions.





112

Carol Cantrell, Briggs & Veselka Co., will provide an update on the status of Form 8939 guidance. Thomas Ward, of McDermott Will & Emery LLP, a subchapter K specialist, will describe the top 5 partnership tax pointers for estate planners (note: you can purchase the expanded eCLE program on this topic on the RPTE website). Keri Brown, Baker Botts LLP, will provide an update on recent family limited partnership cases. Chuck Hodges, of Kilpatrick Townsend & Stockton LLP, will discuss the recent trend among courts to uphold the IRS and regulations against taxpayers based on agency deference.


54

This call will be hosted by the Tax Litigation and Controversy Committee and cover: New Portability Temporary Regs: Lester Law will update the Group on the highlights of the new Portability Temp. Regs., just issued on June 15, 2012. Offshore assets update: Kevin Packman will discuss that Liechtenstein has ordered the LLB to turn over client details to the US. Estate of Wimmer: Keri Brown will discuss Estate of Wimmer, holding that annual exclusion gifts of partnership interests are valid present interest gifts (contrary to other Tax Court holdings). Hot Topics in dealing with the IRS: Chuck Hodges will lead this discussion

Income and Transfer Tax Group

Estate and Gift Tax Committee 11/10/11

59

discussion of recent developments, including re-proposed Section 67(e) regulations, guidance regarding Form 8939, foreign account reporting requirements, Roth IRA re-conversion considerations and the comments to Treasury which our Estate & Gift Tax Committee have submitted on portability of estate & gift tax exemptions.




Income & Transfer Tax Estate and Gift Tax Committee 11/15/12

140

Fleeting Opportunities Ending with 2012 This call will focus on the fleeting opportunities that remain to us before December 31, 2012, with a panel discussion including George D. Karibjanian of Proskauer; Lester B. Law of U.S. Trust; and Richard S. Franklin of McArthur Franklin PLLC. The fiscal cliff and taxarmaggeddon are fast approaching. The 2010 Tax Relief Act is expiring on 12/31/12. This program will focus on planning ideas that your clients should consider before 2012 ends. The panel will review the changing landscape of income, gift, GST and estate taxes, including planning strategies for charitable gifts, the 3.8% Medicare tax on investment income, capital gain and loss harvesting, extraordinary dividends, Roth conversions and portability of estate tax exclusions. There will be a post-election update and discussion of its implications

Income & Transfer Tax Individual and Fiduciary Income Tax Committee 1/26/12

73

Title: "Practical Portability Planning Pointers": Description: The speakers will discuss the highlights of the American Bar Association's paper on Portability which was distributed at the 2012 Heckerling Institute. The planning considerations to be discussed include the size of the estate, basis and growth of the assets, marital status, asset protection, the GST exemption, state death taxes, disclaimers, and more. It shows that the portability is not just an alternative to a bypass trust. It is one more tool in the arsenal of the estate planner that can enrich the plan. Portability is the IRS Estate and Gift tax division's number one priority in 2012. Speakers: Lester Law and Richard Franklin


73

Title: "Practical Portability Planning Pointers": Description: The speakers will discuss the highlights of the American Bar Association's paper on Portability which was distributed at the 2012 Heckerling Institute. The planning considerations to be discussed include the size of the estate, basis and growth of the assets, marital status, asset protection, the GST exemption, state death taxes, disclaimers, and more. It shows that the portability is not just an alternative to a bypass trust. It is one more tool in the arsenal of the estate planner that can enrich the plan. Portability is the IRS Estate and Gift tax division's number one priority in 2012 Speakers: Lester Law and Richard Franklin





74

Amy Heller will discuss the latest FATCA regulations. Justin Ransome will discuss the 3.8% Medicare tax. David Bollis will review the 2012 Tax Act as it applies to individual and fiduciary income taxes.

Income & Transfer Tax International Tax Planning Committee 5/16/12

49

The topic of this call is to discuss and highlight notable issues addressed at the RPTE Spring Meeting in New York. Scott A. Bowman will discuss highlights from the “Income and Transfer Tax Group Hot Topics”; Ryan Walsh will discuss “Powers of Appointment: Your Flexible Hedge against Volatility”; Michael Spielman will discuss highlights from the presentation “When a Marriage Goes Global: International Estate Planning Aspects of Marital Planning and Dissolution”; and Marianne Kayan will reflect on Steve Akers' comments made at the “Trust and Estate Hot Topics” program.

Income & Transfer Tax International Tax Planning Committee 1/24/13

47

Our group call will address three timely topics. George Karibjanian of Proskauer Rose LLP will address the status of the Defense of Marriage Act ("DOMA") litigation and what a Supreme Court ruling could mean for estate planning. Ted Ahlgren of Withers Bergman LLP will share recent developments in the Foreign Account Tax Compliance Act ("FATCA") building off of the Section's April comments to Treasury. Cathy Pareto of Cathy Pareto and Associates will discuss the new 3.8% surtax.

Income & Transfer Tax Tax Litigation and Controversy 5/17/11

61

Scott Bowman, RPTE Section Fellow, will speak on international developments, including foreign bank account reporting, and Joan-Elisse Carpentier will discuss recent immigration legislation that may impact your clients. The Tax Litigation and Controversy Committee will highlight recent cases and rules relating to communications between attorneys and experts.




Business Planning Group 9/1/10

not available

Steve Gorin of Thompson Coburn LLP, St. Louis, MO, will lead a discussion on a recent case, Howard v. U.S. , 106 AFTR 2d 2010-XXXX (E.D. Wash., case no. CV-08-365-RMP, decided 7/30/2010) which involved the income tax treatment of goodwill in the sale of a dentist practice. Also, Douglas W. Stein of Smith, Gamgrell, Russell, LLP, Atlanta, GA, will lead a discussion on a recent business valuation case, Jensen Estate v. Comr. , T.C. Memo 2010-182 (August 10, 2010), where the court allowed a full valuation discount for the company's estimated built-in long-term capital gain tax. If time permits, we will have an open forum to discuss 2010 estate tax repeal and any other practice related issues


86

Steve Gorin, Esq., Thompson Coburn LLP, St. Louis, MO, will lead a discussion on ESBT vs. QSST and inter vivos and post-mortem S corporation strategic income tax planning. Time permitting, we will have an open forum to discuss 2010 estate tax repeal, 2010 and 2011 GST planning, and any other practice related issues.


The Business Planning Group will have an open forum for members to discuss recent developments that affect estate and income tax planning for business owners.


This month we will discuss recent developments from the 45th Annual Heckerling Institute on Estate Planning that affect estate and income tax planning for business owners.


93

Steve Gorin, Thompson Coburn, LLP, St. Louis, MO will discuss Renkemeyer, Campbell & Weaver, LLP, et. al. v. Comm'r, 136 T.C. 7 (filed 2-9-2011), a recent Tax Court case dealing with a LLP partner's liability for self-employment tax. In addition, Tom Hubler, Hubler for Family Businesses, Minneapolis, MN, will lead a discussion on how to help family businesses manage the boundary between their business/financial concerns and family relationships.





91

Dan McCarthy, The Blum Firm, Fort Worth, TX, will lead a discussion on Tony L. Robucci, et. al. v. Comm. T.C. Memo 2011-19, and Bill Sanderson, McGuireWoods LLP, Richmond, VA, will lead a discussion on Watson, P.C. v. U.S., 107 AFTR 2d 2011, (12/23/2010). Both of these cases dealt with income tax and self-employment tax issues facing closely held companies. Finally, Amber Quintal, Ogden Murphy Wallace, PLLC, Seattle, WA, will lead a discussion on the recent reversal in Linton v. U.S. 09-35681 (9th Cir. January 21, 2011).


87

William S. Forsberg, Leonard, Street and Deinard, Minneapolis, MN, Chair of the Business Planning Group, and Hugh Drake, Brown, Hay & Stephens, LLP, Springfield, IL, Vice Chair of the Business Planning Group, will lead a discussion on the highlights of the ABA RPTE 2011 Spring Symposia in Washington D.C. (April 28 - April 29, 2011). Time permitting, we will have an open forum to discuss 2011 estate planning, and any other practice related issues.


84

William S. Forsberg, Leonard Street and Deinard, will lead a discussion on Hendrix v. Comm., T.C. Memo 2011-133 (June 15, 2011), a recent Tax Court case where a defined value clause was successfully used to transfer an interest in a closely held business. Also, Hugh F. Drake, Brown, Hay & Stephens LLP, will lead a discussion on Estate of Mitchell, T.C. Memo 2011-94 (April 28, 2011), a recent Tax Court case where the IRS stipulated to significant valuation discounts for transfers of undivided interests in real estate. Finally, time permitting, we will have an open forum to discuss 2011 estate planning, and any other practice related issues




Business Planning Group 8/3/11 Steve Gorin, Thompson Coburn, LLP, St. Louis, MO and two of his co-panelists, Nancy Schmidt, Roush, Lathrop & Gage LLP, Kansas City, MO, and Dick Scolaro, Scolaro Shulman Cohen Fetter & Burstein, P.C., Syracuse, NY, will lead a discussion on using partnerships to own buy-sell insurance, following up on their e-CLE presentation of July 19. This will be an open discussion of how to fund buy-sell agreements, focusing on, but not limited to, using life insurance: Who should pay the premiums? Who should receive the benefit of any cash value? What safeguards, if any, should be put in place to make sure the life insurance is used for its intended purpose? In addition, Amber K. Quintal, Ogden Murphy Wallace P.L.L.C., Seattle, WA, will lead a discussion on the July 15, 2011 IRS Guidance for Examiners and Managers on the Codified Economic Substance Doctrine and Related Penalties ("IRS Guidance") relating to new IRC section 7701(o) codifying a two-part conjunctive test for the economic substance doctrine, and IRC section 6662(b)(6) imposing penalties for tax underpayments attributable to the application of the economic substance doctrine.Time permitting, we will have an open forum to discuss 2011 estate planning, and any other practice related issues.

Business Planning Group 9/7/11 144 Buy-Sell Agreement ImpedimentsBusiness Planning Group 10/5/11 79 Discussion focused on Series LLCs.Business Planning Group 12/7/11

31

Kevin Diamond, Managing Partner of Shea & Diamond LLP, located in Boston, MA, will lead a discussion about what you should know about the newly revised IRS whistleblower program. Effective December 2006, the IRS completely changed its informant claims program. Rewards are now mandatory, unlimited in amount and contingent fees are permissible. Kevin will discuss the current issues in this developing area of tax practice. Lisa M. Rico, a partner with Gilmore, Rees & Carlson, P.C. will then lead a discussion on the Duncan v. Comm'r, T.C. Memo. 2011 255, in which the Tax Court allowed the deduction of interest on a Graegin type loan. Time permitting, we will have an open forum to discuss 2011 estate planning, and any other practice related issues.

Business Planning Group 1/4/12 73 UNKNOWN





32

David Naples, Leonard, Street and Deinard, Mankato, MN will lead a discussion on the recent case, Estate of Dwight T. Fujishima et al. v. Commissioner ; T.C. Memo. 2012-6; No. 3930-10 (January 9, 2012) where the Tax Court addressed, among other things, the valuation of a note and the deductibility of the decedent's note payable to his mother. We will also have an open forum to discuss 2012 estate planning and practice related issues.


82

Patrick S. Boyle, Senior Vice President and Director of Wealth Management Group at Bernstein Wealth Management Group, and Eric A. Steinmiller, Vice President and Financial Advisor at Bernstein Global Wealth Management, will lead a discussion on “Selling a Business – Getting What You Need”. Time permitting, there will be an open forum to discuss estate planning, business planning and any other practice related issues.


103

Todd Angkatavanich and Ed Vergara of Withers, LLP, Greenwich, CT will discuss the use of preferred partnerships as wealth shifting tools. A copy of the article they authored for Trusts & Estates magazine titled “Preferred Partnership Freezes” and a copy of their power point presentation will be available on the Business Planning Group website. Bill Forsberg of Leonard, Street and Deinard, Minneapolis, MN will discuss the recent Tax Court decision in Estate of Joanne Harrison Stone et al. v. Commissioner, T.C. Memo. 2012-48 (February 22, 2012) in which the Tax Court upheld the validity of a family limited partnership formed to transfer woodlands property. Time permitting, the Group will have an open forum to discuss estate planning, business planning and any other practice related issues.

Business Planning Group 6/6/12 37 Topic UnknownBusiness Planning Group 7/5/12

86

Emerging Threat to Closely Held Businesses: Creditor Issues: Bill Sanderson (Private Wealth Services, McGuireWoods, LLP) and John H. Maddock, III (Restructuring and Insolvency, McGuireWoods LLP) discuss the impact of a closely held business owner's creditors issues on the business. Recent cases have examined the impact of bankruptcy on assignment restrictions and control provisions. John and Bill look at how these provisions impact the operation and valuation of the closely held business.





66

Dan McCarthy, of the Blum Firm, Ft. Worth, TX, and Steve Gorin, of Thompson Coburn, LLP, St. Louis, MO, will lead a discussion and preview of programs that will be presented at the Joint Fall Meeting, including “Structuring Buyouts of Retiring Partners and Shareholders,” and “Income Tax Issues in Splitting Closely‐held Corporations and Partnerships/Getting Property Out of Corporate Form.” Douglas W. Stein, of Smith, Gambrell & Russell, LLP, Atlanta, GA, will lead a discussion on the new proposed Regulations regarding S corporation shareholder borrowing to obtain basis against which to deduct losses. Time permitting, there will also be an open forum to discuss 2012 estate planning and practice related issues.


39

Hugh Drake, Brown, Hay & Stephens, LLP, of Springfield, IL, will lead a discussion regarding PLR 201228012 and using redemptions to transfer ownership and control of a family corporation. Additionally, Hugh will discuss Finfrock v. US , 109 AFTR 2d 2012-1439, 2012-1 USTC ¶60641 (DC Ill., 2012) wherein the Central District of Illinois held a portion of the regulations under Section 2032A Special-Use Valuation invalid. Time permitting, we will also have an open forum to discuss 2012 estate planning and practice related issues.

Business Planning Group 11/21/12 39 UnknownBusiness Planning Group 2/20/13

26Douglas Stein (Strategic Law, LLC of Atlanta, GA) will lead a discussion on entity selection in today’s tax environment.





43

Jared Cloud (McDermott Will & Emery LLP), Rebecca Wallenfelsz (Chapman and Cutler LLP) and Robin Drey Maher (Levin Schreder & Carey Ltd.) will be discussing the fiduciary exception to the attorney-client privilege. Depending on the subject of the communication and the nature of the engagement, fiduciaries may not be able to shield communications with their attorneys from disclosure to their beneficiaries. Certain jurisdictions have found a common law exception to the attorney-client privilege for communications between executors and trustees and their attorneys on matters relating to administration. Even in jurisdictions that recognize the fiduciary exception, however, communications relating to matters in which the fiduciary and beneficiary are adverse are generally held to be protected by the privilege. The fiduciary exception has also been applied in corporate and partnership disputes to directors and officers who have fiduciary duties to shareholders.

Business Planning Group 1/1/13 27 UnknownBusiness Planning Business Investment Entities, Partnerships, LLCs

and CorporationsBusiness Planning Estate Planning and Administration for Business

Owners, Farmers and Ranchers




Charitable Planning Group 11/3/10

52

Charitable Planning with IRS Assistance. Our featured speaker is Jerry J. McCoy, well-known practitioner in the charitable sector and co-author of the Family Foundation Handbook. Jerry will discuss "The Top Ten Charitable Giving Tips - As Provided to Us by the IRS!" You won't want to miss his valuable insight. There will be time for questions and answers after Jerry's presentation. As always, we will also update you on projects the Charitable Group has underway and open up the call for comments and suggestions for other projects you would like to see the Group undertake.


45

Endowments are under siege. Donors and their descendants are demanding accountings and charging charities with misuse of endowment funds; states and local governments are seeking to tax endowment assets, and nonprofit trustees are making devastating investments. And Congress is considering a legislative solution to regulate how institutions use their endowments. Our presenter, Kathryn Miree, will highlight these dangers and offer advice on protecting your client from these unintended consequences.


50

The Administration has proposed cuts to charitable deductions for individuals, and the non-profit sector remains in the regulatory and media spotlight. Who better than Andrew Shultz, Vice President, Legal and Government Relations, Council on Foundations, Washington, D.C., to bring us up to speed on legislative developments affecting our charitable donor and non-profit organization clients? Materials for the call will be posted on the group website shortly before the call.

Charitable Planning Group 8/25/11 What do you do when your Charitable Remainder Trust is no longer doing what it was supposed to be doing? One option is to let it run its course, another is to give the income interest to the charitable remainder, but there are other options as well. Tune in to listen to Evan Unzelman from Sterling Foundation Management, who will describe various options available to the holder of the CRT income interest who, for whatever reason, no longer wants or needs that interest.





17

With 2012 quickly approaching, Professor Chris Hoyt will deliver his informative and always entertaining thoughts on year end charitable giving, including gifts of challenging assets such as retirement accounts. Materials for the call will be posted on the group website shortly before the call.


49

Problems Caused By Donor Restrictions: The quarterly membership call for this Group will feature Erik Dryburgh of Adler & Colvin discussing the issues that donors cause for themselves by restricting their gifts, including partial interest rules violations, incomplete gifts, contingent gifts, earmarking, and valuation problems. The call will also provide an update on the Group's current projects.

Charitable Planning Charitable OrganizationsCharitable Planning Legislative and Regulatory Issues




Elder Law Group 1/23/12 Speakers Dominic J. Campisi of Evans, Latham and Campisi in San Francisco, CA and Steven H. Snyder of Steven H. Snyder & Associates in Maple Grove, MN will discuss Embryo “personhood” legislation and its potential effect on inheritance rights, estate planning and estate and trust administration, as well as on other areas of law.

Elder Law Group 2/13/13

41

Linda Whitton, reporter of the Uniform Power of Attorney Act, will discuss the practical problems of conflicts of interest and duties in the modern world of powers of attorney. She also has an upcoming article in the Penn State Law Review on this topic.

Elder Law Surrogate Decision Making

Elder Law Long Term Care, Medicaid & Special Needs Trusts

3/20/13

96

Brad Frigon will discuss the practical problems and issues involved in holding an IRA in a Special Needs Trust. Q&A to follow after the discussion.

Elder Law Bioethics Committee 9/7/11

16

The call will focused on a new committee project to analyze existing ART clinic consent forms and to propose model form language to address issues relating to posthumous conception and disposition of banked genetic material at death.




Employee Benefits Group 11/14/11

26

Discussion on PBGC developments of interest, including: Recent and expected regulatory changes; Significant case activity (litigation, settlements, bankruptcies); Enforcement initiatives; Status of (and key issues under) the single-employer and multiemployer insurance programs; and Legislative changes (including the Administration’s premium proposal) that are on the horizon.


57

Topic: Domestic Partner Program: Providing benefits to the domestic partners of employees presents special issues and potential problems that require careful handling. This program will address - Which domestic partners will e eligible for health and welfare benefits - Will the children of domestic partners be eligible for health and welfare benefits? Are domestic partners and their children eligible for COBRA? How can domestic partners be treated for defined benefit and defined contribution pension plans? Do the plan documents and communications accurately and clearly define the plan sponsor's decisions about who is eligible for what benefits and what evidence of domestic partner or same-sex spouse status is required?


42

You are invited to join the Qualified Plans Committee for a discussion of the recently revised Employee Plans Compliance Resolution System (“EPCRS”), changes in the Internal Revenue Service determination letter program, and the impact of the American Taxpayer Relief Act of 2012 on retirement plans. An update on the Committee’s lost participant project will also be provided. If your client is impacted by any of these developments, we are sure you’ll find this teleconference useful.




Employee Benefits Fiduciary Responsibility, Administration and Litigation

6/7/11

22

Please join us for the regular monthly ABA/RPTE Fiduciary Committee conference call (first Tuesday of each Month until June 7th). We will discuss the Fiduciary Training Program (the latest drafts of the full series description is included as part of the attached correspondence with the proposed speakers selected for the Kickoff session). Please join us in the call with your comments and suggestions for this series of programs. hope we will also leave some time to discuss the Supreme Court's CIGNA case and its relationship to participant communication practices, including the new participant disclosure communications. In order to allow for a full discussion of CIGNA, you should expect this call might consume nearly the full hour set aside for the call.

Employee Benefits Fiduciary Responsibility, Administration, and Litigation Committee

10/4/116


11/1/11not available

discuss recent district and circuit cases interpreting and applying the Supreme Court’s Met Life and Amara decisions.


2/7/126

This call will discuss CLE speaking opportunities, an update on fiduciary training and a review of key fiduciary litigation trends.

Employee Benefits Fiduciary Responsibility, Administration, and Litigation

9/6/11

45

The call will focused on the Amara case

Employee Benefits Fiduciary Responsibility, Administration, and Litigation

8/7/12 No description provided




Employee Benefits Fiduciary Responsibility, Administration and Litigation

7/16/12

36

During the call we will discuss issues relating to the new disclosure rules under section 408(b)(2) and 404(a)(5) of ERISA. Specifically, we will discuss mutual fund windows and self-directed brokerage accounts as described in Field Assistance Bulletin No. 2012-02 (May 7, 2012), with a focus on FAQ 30 of that FAB. This call will be lead by Peter M. Kelly, Blue Cross Blue Shield Association , Chicago, IL.

Employee Benefits Welfare Benefit Plan Committee 1/9/12

not available

Topic of Discussion: Evolving precedent and regulations are adding new complexity to the already dicey challenges of drafting and administering health and other welfare benefit plan communications. Walking the tightrope of these growing responsibilities amid ever tightening budgets creates pressures on employee benefit clients and their advisors to develop strategies for meeting these responsibilities cost effectively. Join the discussion as the Committee explores and discusses strategies for meeting these challenges.

Employee Benefits Welfare Benefit Plans Committee 9/15/11

21

Focused on evaluation and possible comments on newly proposed Affordable Care Act "Summary of Benefits and Coverage and the Uniform Glossary


12

The Welfare Plan Committee invites you to provide your input on emerging employee benefit plan guidance impacting health and other welfare plans by participating in a conference call to discuss whether and what comments, if any, that the Committee might want to submit on the new mental health parity FAQ guidance and various other emerging welfare plan guidance.





34

Following this summer's Supreme Court ruling, health plan sponsors, fiduciaries and vendors now must rush to catch up their compliance with existing Affordable Care Act and other health plan mandates, prepare to meet the next round of impending deadlines and keep a close eye out for post-election reforms. Catch up on emerging regulatory guidance and discuss health plan design, compliance and risk management tips and strategies to help guidance your health plan clients through these challenging times by participating in this call. The discussion will be lead by: Bernard Kearse, Welfare Plan Vice-Chair, The Kearse Law Firm, Atlanta, GA, Elizabeth Leight, Welfare Plan Committee Co-Chair, Society of Professional Benefits Administrators, Chevy Chase, MD, and Cynthia Marcotte Stamer, Welfare Plan Committee Co-Chair, Former Group Chair, Cynthia Marcotte Stamer, P.C, Dalllas, TX. The discussion will cover a broad range of developments and challenges impacting the planning, design and administration to meet the requirements of health care reform and other federal laws in the rapidly evolving regulatory market environment.

Employee Benefits Plan Transactions and Terminations 9/24/12

42

PBGC Update During the call the group will discuss PBGC and related issues of interest, including: A primer on controlled group liability issues; Recent case law that expands PBGC’s ability to effectively pursue foreign controlled group members; Potential liability of private equity funds for pension liabilities of their portfolio companies; Recent legislative changes affecting minimum funding requirements, PBGC premiums, and PBGC governance; and update on PBGC litigation, regulatory, and enforcement developments of interest.




Employee Benefits Plan Transactions and Terminations 1/11/13

29

PBGC Update – 4062(e) Pilot Program, Private Equity Controlled Group Liability, and PBGC Deficit Implication: You’re invited to join the RPTE Employee Benefits Group’s conference call on Friday, January 11, 2013, at 1 PM Eastern, Noon Central, 11 AM Mountain and 10 AM Pacific. This conference call will provide important updates to the regular Group call that was held in September. We will discuss the following significant developments: PBGC’s new pilot program that focuses on enforcement of downsizing liability under ERISA Section 4062(e); Recent case law that rejects PBGC’s and some multiemployer plans’ position that a private equity fund should be treated as a “trade or

Employee Benefits Plan Transactions and TerminationsEmployee Benefits Qualified Plans 4/4/11

116

The Qualified Plan Committee will host the call. The discussions will be lead by Frank Palmieri, Joy Mercer and Tom Farnam. The call will cover a range of current issues, including service provider fee disclosures under Section 408(b)(2), fee disclosures to participants under Section 404(c), Cycle A restatements due by January 31, 2012, required plan amendments for 2011, and experiences under the IRS Voluntary Compliance Program and DOL Voluntary Fiduciary Correction Program.

Employee Benefits Qualified Plans 3/5/12

23

Employee Benefits Non-Qualified Deferred Compensation 6/6/1111




Employee Benefits Nonqualified Deferred Compensations 5/14/12

50

During this call, the Committee will discuss Increased IRS Scrutiny of Executive Compensation and Common Errors under Code Sections 409A and 162(m): Code Section 409A Audits and Common Errors (Administering the Short-term Deferral Rule; Appropriately Identifying Specified Employees; Designation of the time and form of payment for Deferred Amounts; Tax Implications of Discounted Stock Options); Code Section 162(m) Audits and Common Errors (Discounted Stock Options). These topics will be covered by Tara Silver-Malyska of UHY Advisors and David Simonetti of Price WaterhouseCoopers.




Litigation, Ethics, Malpractice

Group 10/12/1129


Group 1/18/1221

UNKNOWN


Group 4/11/1233

Topic Unknown


Group 7/11/12

45

Dominic Campisi will lead a discussion on the increase in new precedent on liability for aiding and abetting for breach of fiduciary duty. The call will also build on some of the most significant lessons from the Group’s programs at the 2012 Spring Symposia.


Group 10/10/12

69

Capacity, Pre‐Death Contests, and Intentional Interference with Inheritance This call will feature a discussion of hot topics around the country in trust and estate litigation, including the standards for assessing testamentary capacity, various approaches to pre‐death will and trust contests, and the tort of intentional interference with inheritance. Bob Sacks and Jessica Uzcategui will provide input on how different states


Group 1/9/1365

Unknown


Group 4/10/1323

Unknown


Probate and Fiduciary Litigation


Ethics and Malpractice




Non-Tax Estate Planning Considerations Group

Group 5/19/11

53

Please join Timothy Vitollo as he leads a discussion on the decanting of trusts. Tim served as the primary drafter of a proposed South Carolina Decanting Statute that is expected to be enacted in 2011. New York was the first state to enact a decanting statute allowing a trustee to appoint trust property in favor of another trust. Several other states have also passed decanting statutes, including Alaska, Delaware, Tennessee, South Dakota, Florida, New Hampshire, North Carolina, Arizona, and Nevada. The statutes have helped practitioners achieve a variety of favorable tax and non-tax results.


Group 2/2/12

98

Testamentary Capacity and Competency: Impact of Chronic Illness The population is aging and approximately 130 million Americans are living with chronic illness. What impact does aging and chronic illnesses have on testamentary capacity? This will be a practical discussion, lead by the country’s leading geriatric psychiatrist, Dr. Sanford I. Finkel, on the emotional, psychological and other impact of aging, Alzheimer’s disease, COPD and other chronic illnesses on testamentary capacity.


Group 6/21/12

40

Anne Kelley Russell of the McNair Law Firm, P.A. will recap a session from the RPTE Spring Symposia on Non-Tax Hot Topics. The hot topics discussion will include a potpourri of cases on estate and trust planning and administration.


Group 11/15/12

44

Social Media in the Legal Practice: How to Use Facebook, LinkedIn, Twitter and YouTube to Get Clients This call will be led by the Economics and Technology of the Practice Committee. The discussion will be led by David Young, Marketing Coordinator and Records Manager, Schiller DuCanto & Fleck LLP.


Group 3/21/13

44

A Brief Introduction to a New Era of Estate Planning: Insurance Based Solutions When have confusion, complexity and conflict ever failed to create opportunities?





Uniform Acts for Probate and Trust law 7/21/11 Premarital/Marital Agreements Act. Our call, hosted by Kevin Millard, co-chair of the Uniform Laws Committee, will discuss the project currently underway to draft a uniform act governing premarital and marital agreements. The principal speaker will be Professor Brian Bix of the University of Minnesota Law School, who is serving as the act's reporter. Group members are encouraged to participate in the call and to share their feedback on the draft act.


Uniform Acts for Trust and Estate Law 9/20/12

5

The call will be hosted by the Uniform Acts for Trust and Estate Law Committee. The topic will be the Uniform Powers of Appointment Act, currently in draft. The speaker will be Professor Amy Morris Hess of the University of Tennessee College of Law, who is the ABA advisor to the act's drafting committee.


Emotional & Psychological Issues in Estate Plannin 1/19/12

24

Topics: * The Emotional and Psychological Impact of Alzheimer’s disease and COPD on estate Planning and Dealing with Loss, The Kubler-Ross phases and their Impact on Planning: The Care Managers Role


Emotional & Psychological Issues in Estate Planning Committee

6/18/12

92

Master of Your Own Practice Destiny: Identifying and Managing High-Conflict Personality Clients ( Speaker: Paul Fisher, Fisher Mediation, Los Angeles): Difficult clients with high conflict personalities can be seemingly impossible to manage. For certain personality types, there is a life-long pattern of blaming others and not taking responsibility for one’s own actions. Learn to contain, rather than escalate, the problems that can arise. This program will present: How to recognize the most common high-conflict personalities: borderline, histrionic, narcissistic and antisocial; Tools to manage each type; Learn to use the 3-Meeting New Client Screening Process: (1) Identification, (3) test theories, and (3) contemplative decision to catch or release; Learn how to reduce client dissatisfaction during the engagement; and How to terminate the existing relationship delicately.






1/24/13

84

Subject: "A Psychiatrist's Guide to Succession Planning, Including Family Businesses with Family Baggage", a trunk load of practical tools for estate planners and business transactional attorneys. What are the best questions to ask your client? What are the cues and clues to listen for concerning the business and family mental health issues? How will a family / business organization chart help spot dysfunction? More than a panel discussion. Bring your questions for the experts.



4/4/13

51

Psychological and Emotional Challenges of Getting Clients into the Estate Planners Office without the Fear of Estate Tax. This program will be a workshop format with conversation among the panel and you, the dial-in participant.


Emotional and Psychological Issues in Estate Planning

11/18/10

81

Emotional & Psychological Aspects of Estate Planning & Litigation for Gay, Lesbian and Other Non-traditional Clients: What's Unique and What's Not. There will be a panel of speakers with a 20 or 30 minute presentation followed by questions from the full committee. Hold the



12/7/10

50

"Emotional & Psychological Aspects of Estate Planning & Litigation for Gay, Lesbian and Other Non-traditional Clients: What's Unique and What's Not?" There will be a panel of speakers with a 20 to 30 minute presentation followed by questions from the full committee. Hold the date, prepare your questions for our experts and participate in an exciting fully participatory program.






3/8/11

78

What Keeps Clients Awake at Night and How This May Hold the Keys to the Future of Estate Planning. We will discuss changes for women who financially don't want a paternalistic approach to estate planning. Why trying to convince clients that they need the same old A/B estate plan may be fruitless. Reaching the vast population of underserved clients at the extremes: young families and people aging alone. The increasingly human issues, not tax matters, that will dominate decisions about estate planning. Speaker, Deborah L. Jacobs, Esq. has written for the New York Times, Bloomberg Wealth Manager, Business Week and Forbes on wealth management for financial advisors. J.D. Columbia Law School, based in New York. Preparing for Trust and Estate Mediations. Strategic tactical approaches for mediation counsel: adversarial? cooperative? What is in between? Choosing the right mediator and maximizing the benefits of the mediator. Anticipating and managing the highly emotional client, opposing party or opposing counsel. Type of process to consider: facilitative, evaluative, how proactive should the mediator be. Who must be present, or not present, from all sides? Alternative types of briefs, if any. What do you need from the other parties before the mediation? What are the possible impediments to a successful mediation? Settlement tax considerations and the pros and cons of advance preparation of settlement documents will also be discussed. Speakers, Paul Fisher, Los Angeles, CA, Co-Chair, full time mediator focusing on trusts, estates, elder financial abuse, probate and conservatorship disputes. Adjunct professor of law at the Straus Institute for Dispute Resolution, Pepperdine University. Nationally published author and frequent speaker at the national level. Bill Andrews, Santa Rosa, CA, Co-Vice-Chair, 30 years in complex estate litigation, mediation and arbitration, a pioneer in collaborative law in trust and estate conflicts, practicing in Northern California from San Francisco to Mendocino counties. J.D., Duke; LLM, NYU.




Non-Tax Considerations Emotional and Psychological Issues in Estate Planning

5/10/11

95

This is a practice tool packed workshop. Callers are invited to ask questions and provide their expertise during the panel discussion. Learn how practitioners from around the country in different communities and cultures handle these issues. What (Or Should) Keeps Clients Awake at Night and How this Might (or Should) Shape the Estate Planning Process -- Brief contextual comment on current tax issues: possible changes in exemption levels and pros and cons of portability. Hot issue for married couples: more or less control to surviving spouse over estate intended for children, especially if multiple marriages. Protecting client and heirs from possible trustee abuse; ie. Conditions for removal of trustee? How does the estate planner inform the trustee of his/her duties? Growing impact of litigation on trust and estate matters. Pros and cons of trustee exculpation clauses. Succession planning for the family business. Counseling the client about unequal gifts. Advising the client whether to disclose or not disclose the estate plan to the heirs. What factors control the advice to be given. Pros and cons of advising clients on placing gift in trust for children, whether asset protection, financial education or responsibility, special needs or otherwise. How does the attorney deal with the emotional and psychological aspects of these issues? Panel -- Steven M. Goldberg, Esq., is a partner at Friedemann Goldberg LLP in Santa Rosa, California. He specializes in sophisticated estate planning, estate and trusts administration, tax planning, business and business succession planning. He has authored numerous articles and spoken at a variety of continuing education seminars. He has been named in Worth Magazine's Top 100 Attorneys list. Keith A. Davidson, Esq., is a partner at Albertson & Davidson, LLP, in Riverside, California. He practices in the areas of trust, estate and probate litigation, estate planning, business law and general civil litigation. He lectures on trust and estate issues and serves as adjunct professor of law at Chapman Law School in Orange County, California.






8/23/11 The aging population is changing the face of the estate planning team. This trend is being accelerated by the significant number of Americans living with chronic illness (e.g., 24 million with COPD). Evaluating the client's current health and living status, determining which family members or other individuals may be capable of serving as fiduciaries, identifying family dynamics, creating a care plan, etc. are increasingly important steps for many clients. A care manager (social worker, nurse, or geriatric consultant) can provide this expertise and prove to be an integral, and often indispensable, member of the estate planning team. A power point will be provided in advance and the call will consist of a presentation by a panel consisting of a registered nurse, a social worker and an estate planner: Martin M. Shenkman, Esq., Marci Sadorf RN, CMC, and Stephanie Chong LICSW, ASWCM. Questions and dialogue will be encouraged.


Non-Tax Issues Affecting the Planning and Administration

6/22/1152


Non-Tax Issues Affecting the Planning and Administration of Estates and Trusts Committee

12/7/1143

Elder Financial Abuse Vivian Thoreen of Holland & Knight in Los Angeles, CA will focus on attempts to induce changes in estate plans, followed by questions and discussion.



2/29/12 Topic of Discussion: Decanting Trusts



8/2/1246

Mark Parthemer, from Bessemer Trust, Palm Beach, FL, will lead a discussion that will focus on non‐tax considerations in trustee selection.






3/6/13

96

Topic of Discussion: “Trustees’ Beware: Power to Adjust is Not How to Get Money to Beneficiaries”. When asked what he would do if he found a million dollars, Yogi Berra replied, “I’d find the fellow who lost it, and, if he was poor, I’d return it.” Recent economic times have financially pinched many who depend on interest and dividends. Trust beneficiaries are no exception, and they are more frequently asking trustees to use the power to adjust to replace lost yield. This session will explore the issue as well as the law and financial theory behind the power to adjust. Mark R. Parthemer, Managing Director of Bessemer Trust, will lead the discussion.


Insurance and Financial Planning 3/17/11

99

A New Year and a New Tax Law: How Your Planning Strategies Might Change. Committee Co-Vice Chairs Mel A. Warshaw and Mark R. Parthemer will lead a lively discussion on implications of the new tax law on estate tax planning in general, and life insurance in specific. Participate in the sharing of insights about GRATs, sales to grantor trusts, elimination of intra-family loans, portability, and unification as they relate to gift, estate and GST tax. Then, buckle up as we dive in to a detailed discussion on life insurance planning, focusing on topics such as MEC, internal "side fund", trend away from annual exclusion gifts, split dollar and loans, and use of large gifts to provide completed "exit" strategies to previous split dollar or loan programs.



16

Please join us on March 15, 2012, for the Non-Tax Estate Planning Considerations Group Conference Call for a discussion led by Craig Coffey on: (a) how the historically low interest rate environment and other industry trends are impacting life insurance carriers and their products; (b) how this impact is manifesting within high net worth clients’ life insurance programs and wealth transfer plans; and (c) the proactive steps that can be taken to address the issues.



4

Committee Update including special discussion of ethical issues involving attorney's involvement in sales of annuities featuring special guest speaker David F. Sterling, Esq., of Sterling Capital Resources in Sarasota, Florida, who has been involved in litigation involving attorney sales of annuities.






31

Our vice-chair, Mel Warshaw, will discuss recent developments in life insurance planning. Materials for this call are attached and may also be found on the committee website under the Source Materials area, labeled as "August 6th Call Materials."


Asset Protection Planning 4/20/11

94

Michael Gordon will lead a discussion on the use of self-settled asset protection trusts for tax planning purposes. The discussion will focus on the use of completed gift asset protections trusts as an estate planning technique in light of the new tax law and Private Letter Ruling 200944002. The discussion will then dive into the use of incomplete gift asset protection trusts and how they may be used to potentially avoid state income tax. This part of the discussion will also focus on the impact that IR-2007-127 has had on the use of this tax planning technique.


Asset Protection Planning Committee 11/17/11

68

Using Domestic Asset Protection Trusts in Light of In re Mortensen This Conference Call will focus on the long‐term effect of a recent bankruptcy case out of Alaska where the court failed to respect the asset protection features of an Alaskan asset protection trust, the main issue being whether the Bankruptcy court’s decision means that all transfers to asset protection trusts that meet the requirements of s. 548(e) will be treated as ‘per se’ fraudulent transfers. Many professionals have given their views on how this case will impact existing and proposed asset protection plans involving the use of a domestic asset protection trust. Alexander Bove, of Bove & Langa, will present the Mortensen facts and provide commentary on what practitioners can take away from this controversial case.


Economics and Technology of the Practice




Joint CLE

12/07/10

44

Pleasing Mother Earth and the IRS: Tax Planning with Conservation Easements in the New Age of IRS Oversight: Lessons From Recent Court Developments and Practical Drafting Advice

RP CLE09/15/10

99Green Building Codes and Ordinances: Challenges and Opportunities for Property Owners and Local Governments

RP CLE

10/20/1049

Is There Such a Thing as a Judicial Taking? The Lessons of the Supreme Court's ruling in "Stop the Beachfront Renourishment, Inc. v. Florida Department of Environmental Protection, et al.

RP CLE12/16/10

280The Estate Tax - What is Going On? (Or, Wandering Through Alice's World)

RP CLE 01/19/11 56 Work Letters: From Design to Substantial CompletionRP CLE 04/12/11 (CANCELLED) MERS in It’s Own Words RP CLE 05/04/11 71 2011 ALTA/ACSM Survey StandardsRP CLE

05/17/11

79

Foreclosure Defects: Robosigning and its Impact on the Marketability of Title

RP CLE

06/15/11

24

Hotel and Mixed Use Workouts (and Beyond)




RP CLE

07/13/11

97

HUD Legal Opinions in Multifamily Loan Transactions: Understanding the New Opinion Form

RP CLE

07/19/11

Using Partnerships to Own Buy-Sell Insurance

RP CLE 08/24/11 Revisiting Commercial Real Estate Remedies In Troubling TimesRP CLE

09/28/11Leasing to Lawyers: What You Need to Know on Both Sides of the Deal

RP CLE

10/18/11

Topic to be Discussed: Estate Planning & Chronic Illness

TE CLE09/14/10

39Pulling Back the Curtain: Dealing with Oft-overlooked State Death Taxes

TE CLE10/05/10

148How to Give Away the Store - Lifetime Transfers of Family Business Interests

TE CLE

10/19/10

106

Estate Planning with Intellectual Property: An Estate Planners Primer for IP Attorneys and an IP Primer For Estate Planners whose Clients Own Copyrights and Patents

TE CLE 10/21/10 80 Do It Yourself Estate Planning: Why It Costs More Than It Saves




TE CLE 11/09/10 70 Ethical Issues in Estate Planning for Pet OwnersTE CLE 11/16/10 96 Using Formula Clauses for Sales and Gifts TE CLE 11/30/10 90 An Overview of Estate Administration: From Beginning to End TE CLE 12/06/10 Topic to be Discussed: Hot Topics for the Sandwich GenerationTE CLE 12/14/10 55 Select Issues in Estate AdministrationTE CLE 01/05/11 33 Lease Assignments: When to Assign and How to Do ItTE CLE

01/06/11370

Planning with the TRA 2010 Transfer Tax Rules: The Sun Has Risen

TE CLE 01/18/11 93 Qualified Disclaimers - What Part of "No" Don't You UnderstandTE CLE

02/03/11124

The Continuing Importance of Carryover Basis: To Elect or Not to Elect and How to Cope If You Elect

TE CLE02/15/11

26Do Foreign Reporting Requirements Apply to Your U.S. Client? How New International Tax Reporting Rules Have a Wide Reach

TE CLE03/01/11

47Donee Selection and Practical Considerations Under Petter Formula Allocation Clauses

TE CLE03/02/11

53Tax Strategies for Distress Real Estate: Who Says Taxes are a Certainty?

TE CLE 03/17/11 82 Preparing the Fiduciary Income Tax ReturnTE CLE

04/05/1176

Same-Sex Spouses, Partners and Adult Adoptions: Trust Administration Issues Presented by Beneficiary Relationships

TE CLE

04/21/11

87

Recent Developments Asset Protection Planning

TE CLE 04/29/11 77 Live From The Meeting: Hot Topics in Estate Planning 2011TE CLE 05/10/11 107 Creating Grantor TrustsTE CLE

06/07/1141

His, Hers or Their Property: A Primer on Marital Property Law in the Community Property States

TE CLE06/21/11

60Portability and Other Uncertainties and Potential Pitfalls of TRA 2010

RP CLE07/13/11

103HUD Legal Opinions in Multifamily Loan Transactions: Understanding the New Opinion Form

TE CLE 07/19/11 93 Using Partnerships to Own Buy-Sell InsuranceTE CLE

08/02/1127

More Than Just Asset Protection: How to Get Other Benefits From Asset Protection Trusts




TE CLE08/18/11

79Business and Valuation Issues That Will Prevent Your Clients' Buy-Sell Agreements From Working

RP CLE 08/24/11 33 Revisiting Commercial Real Estate Remedies In Troubling TimesRP CLE

09/13/1151

Long-Term Care Facilities: Recent Trends in Acquisition and Finance

TE CLE

09/14/1130

ERISA Fiduciary Training: What is Required of ERISA Fiduciaries and Those They Supervise?

TE CLE09/20/11

17You Invested in What? A Guide to Advising Trustees on Investments

RP CLE 9/21/1121

Closing Protection Letters: What They Do, What They Don’t Do, And Why You Need Them in Real Estate Transactions

TE CLE 9/22/1128

Planning for & Making the Carryover Basis Election for Decedents Dying in 2010: Tax Planning & Compliance for the 2010 Carryover Basis Election

TE CLE 10/4/1150

ILITS: Ethical and Liability Issues of Trustees, Grantors and their Advisors

TE CLE 10/19/1135

Estate Planning for Clients Living with Chronic Illness: Planning and Drafting

TE CLE 11/1/11 71 Planning and Defending Domestic Asset-Protection TrustsRP CLE 11/10/11 58 Buying Distressed Debt in Turbulent TimesTE CLE 11/15/11

48Emotional and Psychological Issues of Estate Planning: What (Or Should) Keeps Clients Awake at Night and How this Might (or Should) Shape the Estate Planning Process

TE CLE 12/6/1146

Non-Traditional Estate Planning: “My Bologna Has a First Name” - Hot Topics For The Sandwich Generation

RP CLE 12/7/1115

Property Rights, Political Drama, and Smart Growth: The Challenges of Sustainable Development in 2011

TE CLE 1/17/1229

The Dirty Dozen: The Most Common Methods Used to Financially Exploit the Elderly

TE CLE 2/7/12 62 S Corporation Tricks, Traps and SolutionsRP CLE 2/15/12 141 Deeds in Lieu of Foreclosure: Practical and Legal ConsiderationsTE CLE 2/21/12

140The Future of Estate Planning Practices: How Not to Get Behind the Change Curve

RP CLE 3/14/12 32 Shale Leasing: Legal and Practical ConsiderationsTE CLE 3/20/12 53 Attorney Liability Issues in Asset Protection Planning




TE CLE 4/3/1249

Potpourri of What Planners Need to Know in a New International World: Planning Considerations for the NRA and the US Expat

RP CLE 4/4/12 227 Newly Adopted ALTA Title Insurance Forms Hot Off the Presses!TE CLE 5/4/12 69 2012 Live From the Meeting Trust & Estate Hot TopicsTE CLE 5/16/12 99 The Beneficiary Flexible TrustRP CLE 5/23/12 150 REITs for Real Estate LawyersTE CLE 6/5/12 96 Fiduciary Income Taxation: The Not-So-Basic BasicsTE CLE 6/19/12 86 Rise of the Internet: Planning for Virtual AssetsRP CLE 6/27/12 32 Ethical Considerations in the Foreclosure Crisis, Really!RP CLE 7/18/12

97TOUSA Explained: How Can Liability Disappear and Should I Accept That Payoff?

RP CLE 7/25/1239

How Recent Developments Related to the Americans with Disabilities Act Affect Hotels, Resorts and Common Interest Communities

TE CLE 7/31/12322

McCaffrey & Blattmachr -- Using 2012's Best Estate Planning Techniques Before They're Gone

TE CLE 8/7/12 99 The Trust Protector: Trust(y) Watchdog or Expensive Exotic Pet?TE CLE 8/21/12 107 Twenty Tax Traps and Other Trustee Selection ConsiderationsRP CLE 9/12/12

178Using New Markets Tax Credits To Bridge Financing Gaps in Real Estate Projects

TE CLE 9/20/12 57 Non-Tax Issues in Business Succession PlanningTE CLE 10/9/12

86GOTCHA Transactions in Formation, Structure and Conveyance of Business Interests

TE CLE 10/16/1273

Making the Estate plan Work Harder in the Face of Constant Change and How to Fix What is Broken

RP CLE 10/24/12 199 MERS - Its Standing and FutureTE CLE 10/30/12 32 Behind the Scenes -- Strategies for Dealing with the IRSTE CLE 11/13/12 80 Onshore / Offshore RP CLE 11/14/12

220Commercial Title Insurance Endorsements: What You Need to Know and What You Need to Ask

TE CLE 12/4/12 47 Tax Apportionment - What Would the Client Want?TE CLE 1/9/13

1272013 Paralegal eLearning Program on Trust & Estate Law: Estate Planning

RP CLE 1/15/13207

2013 Fundamentals of Commercial Real Estate: Purchase and Sale of Commercial Real Estate

RP CLE 1/23/13 389 Construction Contract: Why the Forms are Not Enough




TE CLE 1/29/13103

Tax Rate Changes and Their Impact on Exit Strategies And Businesses Owned By Trusts (Including the Impact of the Medicare Supplemental Tax Under Section 1411)

TE CLE 2/5/1398

Chapter 14 Essentials: A Practitioner’s Guide Through The Minefield

TE CLE 2/13/13137

2013 Paralegal eLearning Program on Trust & Estate Law: Trust Funding

RP CLE 2/19/13291

2013 Fundamentals of Commercial Real Estate: Commercial Real Estate Leasing

RP CLE 2/20/13146

Restrictive Covenants: What Recent Caselaw Tells us About Fancy Groceries And Whether a Burrito is a Sandwich

TE CLE 2/27/13 130 2013 Paralegal eLearning Program Estate Administration Part 1TE CLE 3/5/13

215An Ounce of Prevention is Worth a Pound of Cure: Avoiding Common Pitfalls in Preparing 2012 Gift Tax Returns

TE CLE 3/13/13 131 2013 Paralegal eLearning Program: Estate Administration Part 2TE CLE 3/19/13

71The Clash Between Estate Planning and Family Law: When ‘Til Death Do Us Part’ Becomes ‘Til Divorce Do Us Part’

RP CLE 3/19/13291

2013 Fundamentals of Commercial Real Estate: Commercial Real Estate Financing

RP CLE 3/27/13 57 Land Banking 101: A National Perspective

Memorandum

To: Section of Real Property, Trust and Estate Law From: Jennifer DiVeterano Gayle, YLD Liaison (TE) Date: April 10, 2013 Re: Spring Symposium Report

_________________________________________ Programming In past years, the YLD has successfully co-sponsored a number of programs with RPTE. We look forward to similar collaboration this year. The YLD’s Real Property, Trust and Estate Law Committee has been revamped and is actively pursuing a more prominent role in RPTE and supporting greater young lawyer involvement in RPTE. I have been working with the YLD Real Property, Trust and Estate Law Committee to submit our thoughts and ideas on relevant areas of programming for use as part of teleconferencing or live programming, and welcome the same from RPTE members. The YLD’s Real Property, Trust and Estate Law Committee committed to submitting proposals for two CLE programs at the beginning of the bar year, one with a real property focus and one with a trust and estate focus. The Committee also committed to submitting three articles on RPTE-focused topics. Currently, the YLD’s Real Property, Trust and Estate Law Committee is considering a “nuts and bolts” series on estate litigation, which would include a series of 1-hour eCLEs on topics such as Will Contests, Fiduciary Accounts, Guardianships/Conservatorships, and Removal of Fiduciaries. Upcoming YLD Meetings YLD Spring Conference May 16-18, 2013, Minneapolis, MN ABA Annual Meeting August 8-13, 2013 in San Francisco, CA The Young Lawyer (TYL) We support and encourage the submission of articles by members of the Section (especially Fellows and members of the Young Lawyers Network) to The Young Lawyer, the magazine of the Young Lawyers Division which is sent free to each member of the Division. The electronic version of the TYL is also available on the ABA website at http://www.americanbar.org/publications/young_lawyer_home.html. YLD Initiatives The ABA YLD has three initiatives for the 2012-2013 Bar Year: (1) Career Development, providing resources and programming on a new career theme each month; (2) The Next Steps

Challenge, providing a program for increasing diversity in the legal pipeline; and (3) American Voter, providing educational resources to help all Americans participate in the election process. The ABA also launched a new member recruitment campaign featuring the tagline “Be a Leader. Become an ABA Member.” The campaign capitalizes on the ABA's national influence and provides a forum to share ABA experiences. Although this campaign is not unique to the YLD, the YLD has encouraged all members of its leadership to visit www.abaleaders.org to tell their personal ABA story. YLD Grants The ABA YLD has a Subgrant Program, which provides funding to young lawyer organizations for activities that benefit local communities, leaders or members. The deadline to apply for a grant for 2013 is March 1, 2013. Information on the YLD Subgrant Program can be found at http://www.americanbar.org/groups/young_lawyers/awards_scholarships/subgrant_program.htm. Continuation of YLD 101/201 Practice Series The ABA YLD is seeking articles for the 101 and the 201 Practice Series. The 101 Practice Series focuses on basic training for new attorneys in both substantive and practical aspects of law practice. The 201 Practice Series presents more advanced topics for young lawyers who already have a baseline of knowledge in a relevant field. There are a good number of 101 Practice Series articles on Real Property, Trust and Estate Law topics, but very few 201 Practice Series articles. Articles are accepted on a rolling basis. Members of the Section’s YLN have been published in previous years. We invite YLN members as well as Section Fellows to solicit 201 articles they are working on in connection with their substantive Section involvement. YLD Touch 10,000 and Section Connect Touch 10,000 is the ABA YLD member-to-member outreach program designed to personally connect current ABA YLD members with new bar admitees (“NBAs”). Ambassadors of the YLD are selected in each State to “touch” NBAs though emails, telephone calls and in-person meetings. The State Coordinator for each State is then responsible for organizing two Touch 10,000 “Meet and Greet” Events, one in the Fall and one in the Spring. NBAs and current ABA members are invited. The ABA YLD also hosted a Section Connect Fair and Reception for Young Lawyers at the ABA Annual Meeting in 2012, which it plans to expand at the ABA Annual Meeting in 2013. The Liaisons worked with RPTE leadership to complete and submit a Questionnaire setting for the benefits of RPTE Membership, which will be included in a packet provided to ABA YLD members to introduce them to RPTE and encourage them to sign up for membership in the Section.

_____________________________

To: RPTE LEADERSHIP Re: REPORT OF LIAISON TO ABA COMMISSION ON RACIAL

AND ETHNIC DIVERSITY IN THE PROFESSION From: JO ANN ENGELHARDT Date: APRIL 3, 2013

I serve as a “special purpose ” liaison to the Commission, specifically for the purpose of working on the Goal III initiative. This is the second bar year that I hold this position. In my role, I participated in numerous calls with the Goal III subcommittee of the Commission, reviewed drafts of the Goal III report, and attended a meeting of the Goal III subcommittee at the Midyear meeting. I expect I will attend a Goal III meeting at Annual and also at the SOC meeting this September. Throughout the year, I share with Leadership and also with the Diversity Committee those issues that are relevant to how our Section gathers information for the Goal III report and how we report those data.

MEMORANDUM TO: RPTE Council RP and TE Sub Councils FROM: Candace M. Cunningham Amelia Stone Jeffrey Salyards RE: Financial, Marketing and Editorial Update: FY 2012/2013 DATE April 10, 2013 ________________________________________________________________________ A. Financial Report: Following are the General Ledger expenses and revenues posted through Pre-Audit II, using the accrual accounting system implemented in October 2010:

Expense: $196,967 Revenue: $117,021

Net Profit: $ 79,946 The Variance Report (current through January) is appended hereto at Exhibit A and a Sales Report (through March 15, and includes February NBN units sold) at Exhibit B. Revenue t through March 22, taken from the ABA’s order entry system, is $12,118, and is not included in the two reports cited above. B. Marketing Report RPTE Best Sellers – FY 2012/2013 These are the leading sellers for the program for the Fiscal Year 2012/2013 through the end of February, according to the General Ledger report: Land Surveys, 3/e – $21,835 A Practical Guide to Commercial Real Estate Transactions 2/e – $21,361 The Advisor’s Guide to Life Insurance – $16,044 The Assignment and Sublease Deskbook, 2/e – $11,756 Ethics in the Practice of Elder Law – $11,079 The Commercial Lease Formbook 2/e – $9,497 Conservation Easements – $9,118 Disclaimers in Estate Planning, 2/e – $7,678

RPTE Council Memo April 10, 2013 Page 2 The Irrevocable Life Insurance Trust 3/e – $7,468 An Estate Planner’s Guide to Family Business Entities 3/e – $7,312 Taxation and Funding of Nonqualified Deferred Compensation, 2/e – $7,265 Real Estate Opinion Letter Practice – $6,331 Federal Gift, Estate and Generation-Skipping Transfer Taxation of Life Insurance, Third Edition – $6,301 The Law of Trustee Investments – $6,241 A State-by-State Guide to Construction and Design Law 2/e – $5,391 The Family Limited Partnership Deskbook, 2/e – $4,833 Title Insurance, 3/e – $4,656 Charitable Gift Planning, 2/e – $3,736 The Funding of Living Trusts – $3,044 An Estate Planner’s Guide to Buy-Sell Agreements, 2/e – $2,337 From Handshake to Closing, 2/e – $1,878 Estate and Trust Planning – $1,846 Asset Protection Strategies – 2 volume package – $1,596 The Lease Manual – $1,548 Foundations of Sustainable Development – $1,540 An Estate Planner’s Guide to Life Insurance, 2/e – $1,433 E-mail: E-mail messages continue to be originated or converted using the Membership & Marketing template. Generating a significant share of the program’s revenue, e-mail continues to be the major focus and primary sales vehicle for the Book Marketing team. A new template is being introduced by Membership & Marketing that will facilitate the use of global updates, especially for planned Web Store sale events. During the 2012/2013 fiscal year, 38 e-mail promotions for RPTE books have been sent: 19 each for Real Property and for Trust & Estate. E-mail audiences continue to be comprised of ABA members, nonmembers, committee members, event attendees, and book and product buyers. These efforts have generated over $65,000 in orders placed through the ABA Web Store, in addition to mail and phone orders. Web Store Events: Based on last year’s successful one-day sale on the Monday after Thanksgiving, Book Publishing and Membership & Marketing decided to conduct the same sale with the same offer this year. The sale was promoted through a vertical marketing campaign, with banner announcements, pre-sale messages, and an announcement on the ABA home page. Overall, sales were excellent: the ABA recorded one-day sales of $208,704 – more than double last year’s total of $103,755 and a new record for the largest sales day. The number of orders reached 1,733 this year, compared to 966 a year ago, another record. Nearly every entity posted significant gains over last year. For the Section of Real Property, Trust and Estate Law, there were three multi-book e-mail promotions sent for each category, or six messages in all. The messages each featured different titles and

RPTE Council Memo April 10, 2013 Page 3 were sent on the Tuesday before Thanksgiving, on the Wednesday before Thanksgiving, and on the morning of the CyberMonday sale. ABA Marketing Analytics reported $15,674 in one-day revenue from 201 orders. In comparison, FY2011/2012 CyberMonday sales were $8,698 from 111 orders. Membership & Marketing is preparing a two-day sale event for Book Marketing. The sale will take place on May 7-8, and will feature 30% off most books and free shipping. As with CyberMonday, this sale will be supported by a vertical marketing campaign. In addition, for the first time a full-page ad in the May issue of ABA Journal will promote the ABA Publishing sale New Web Store: A new Web Store will be implemented in September 2013, as part of the ABA’s change to a new Association Management System (AMS). The Store will offer a brand new look and feel, and make it easier for customers to find products, events, and subscriptions through ShopABA.com. Marketing improvements will includes new coupon and bundling options, including bundling a print and eBook together. In addition, firms and libraries will be able to designate approved buyers who can purchase on behalf of attorneys without needing to log into the site multiple times in order to take advantage of member discounts. Custom Cover Orders: Some orders continue to come in for The Advisor’s Guide to Life Insurance, including three reprints in the last two months. M Financial is working with ABA Book Marketing to introduce their newest book, The Advisor’s Guide to Long-Term Care, to their member firms. Bulk pricing has been approved and an order form is being sent to M Financial to distribute to their member firms. A press release from M Financial will also be distributed by them to promote the book. If the previous book’s bulk sales are a guide, revenue from these reprints should begin being posted in May. Book and CLE Cross-Promotion: Book e-mail promotions regularly include a relevant RPTE CLE program as a subfeature Meeting Sales: Sales at the 2013 Heckerling Institute on Estate Planning totaled $2,834. The booth was managed by Section staff during the four and one-half-day conference. Advertising: A two page ad regularly appears in the RPTE Journal Book advertising appears in Probate & Property when space is available Financial Reporting: At the 2013 ABA Midyear meeting, SCOPO created a subcommittee to work with the departments of Publishing, Marketing, and Finance to address entity concerns about:

RPTE Council Memo April 10, 2013 Page 4

The clarity and detail of financial reports concerning book revenue, costs, and profitability;

Book inventory valuation and inventory levels; and The additional reporting help needed to successfully track and run entity book

programs on a stable business footing. SCOPO will be seeking feedback and comment from members to share with Finance; and will work collaboratively with entities, Publishing, Marketing, and Finance in recommending revisions and additions to the current financial reporting process. Other subcommittees have been set up to deal with technology issues and marketing. C. Editorial Report The RPTE Books Program published 5 titles in FY 2011-12. This was a tremendous success by any measure, and a testament to the hard work of the authors and editors as well as the two publications boards involved. Titles published in FY 2011-12: 1. Laws of Nature: Sustainable Construction, Development and the Law, by Dean Frieders 2. Disclaimers in Estate Planning, Second Edition, by Christopher Cline 3. Land Surveys, Third Edition, Editor: Mitch Williams 4. Taxation and Funding of Nonqualified Deferred Compensation, by Michael Goldstein and Marla Aspinwall 5. Federal Gift, Estate & Generation Skipping Transfer Tax of Life Insurance, Second Edition, by Larry Brody and Don Jansen This current 2012-13 FY should be respectable in terms of number of new titles published, and will likely generate even greater revenue than 2011-12, as the anticipated Advisor’s Guide to Long-Term Care just published and should be a very strong seller (if it doesn’t replicate the numbers of Advisor’s Guide to Life Insurance—which had fantastic sales the previous FY—it promises to be a significant source of revenue with its custom cover initiative). Books scheduled to be published for FY 2012-13: 1. Assignment and Subleasing, Second Edition, by Brent Shaffer –(published in March) 2. Advisor’s Guide to Long-Term Care, M Financial 3. International Estate Planning, Second Edition, Edited by Leigh-Alexandra Basha 4. Ethics in the Practice of Elder Law, by Roberta Flowers

RPTE Council Memo April 10, 2013 Page 5 Looking ahead, FY 2013-2014 should be another very solid year in terms of number of titles published, hitting or exceeding the historical high-water mark for the publishing program. And both the RP and T&E Book Boards continue to field and review new book proposals, continuing their fine acquisitions work. So the pipeline continues to grow, which is integral to the success of any publishing program, as the backlist ages out or becomes more challenging to market. Books expected to publish in 2013-2014: 1. A Practical Guide to Retail Lease and Outlot Purchases, by Noble Hatfield 2. An Estate Planner’s Guide to Community Property, by Lou Mezzullo 3. Title Insurance, Fourth Edition, by Jim Gosdin 4. Anatomy of Title Insurance, by Jim Gosdin 5. Gatekeeper Initiative and Client Due Diligence, by Kevin Shepherd 6. The Uniform Partition of Heirs Property Act: Theory and Practice, by Professors Steven Eagle and Thomas Mitchell 7. Mediation and Estate Planning, by Professor Susan Gary Book Publishing – Electronic Publishing Update ABA Publishing is committed to helping the entities move into electronic publishing and thus provide content to legal markets in the formats now demanded in the world of eBooks and mobile devices. We have invested in technology and people to move this forward and will continue to invest in FY2013.

Revenues – Fiscal year 2012 was the first year that the ABA sold eBooks in any appreciable numbers. Through the first quarter of Fiscal year 2013, the ABA had eBook sales revenues of approximately $68,000. Average monthly eBook sales have grown rapidly from about$ 1700 per month at the beginning of FY2012 to about $8700 per month as of November 2012. Revenues for the first quarter of FY2013 are almost quadruple those of first quarter 2012.

Titles Available – Each title published by ABA Publishing is automatically offered as an eBook version unless the publishing entity decides otherwise. EBook conversion is now an integral part of the production process, with most conversions currently being handled by Thomson Reuters. Of the available titles, nearly all are available as EPUBs sold direct from the Web store, with select titles also converted and sold via the Kindle store. As of mid-January 2013, there were 165 eBook titles available from the ABA. Of these, 36 are published by LPM and the remainder by ABA Publishing entities and ABA Flagship.

Channels – ABA eBooks are available through the ABA Webstore, the Apple iBook

store, and Amazon, with over two thirds of sales coming through the ABA Webstore.


LPM titles are available through Apple iBook store and the ABA Webstore. Non-LPM titles are available primarily through the ABA Webstore, with selective titles available through Amazon.

The ABA works with the University of Chicago’s Bibliovault unit to support downloads of ABA eBooks protected by Adobe digital rights management (DRM) software. Bibliovault currently charges a one-time fee of $5 per title to apply DRM. Bibliovault also charges a one-time set up fee of $7.60 per title, an annual storage fee for each title of $10, and a $2 transaction fee for each sale of an EPUB title. The financial transaction and customer information all reside within the ABA Webstore, and the download page, although on the Bibliovault site, is branded as belong to the ABA.

Pricing – ABA Publishing recommends that eBooks be priced the same as print versions of the same title. Generally speaking, entities have accepted this recommendation. Aside from the obvious revenue risk of lower prices for eBooks, we feel that the value of the content is what is at issue rather than the value of the delivery platform. Indeed, an argument could be made that eBooks are somewhat more valuable than a print counterpart due to the functionality (e.g., searching and linking) inherent in the eBook software and/or device.

Industry Trends – Leading big legal publishers are clearly experimenting with eBook product and marketing strategies. Thomson Reuters has developed a proprietary eBook app, ProView, and is loading its titles on this platform. ProView includes functionality to support the way lawyers use content, with relatively advanced search and note-taking functions. In addition, ProView operates in part as a front-end to Westlaw.

By contrast, LexisNexis sells eBooks from its website directly for use on devices chosen by purchasers. It has also partnered with Overdrive for a solution that allows law libraries to manage (i.e., lend) eBooks from LexisNexis. Like Thomson Reuters, LexisNexis eBooks provide links into its Internet product. WoltersKluwer sells eBooks directly from its website, and is piloting a library solution in Australia in partnership with FIRST Library Management System.

The vendors are experimenting with eBook pricing as well as eBook platforms and distribution methods. At least initially, TR was charging a premium price for its eBook versions. LexisNexis generally speaking charges the same prices for eBooks as for print versions, although it does charge libraries a fee to use the Overdrive-based product in addition to the cost of the titles. WoltersKluwer tends to offer discounts for purchasing both formats. The ABA at this point is going with the LexisNexis model. We would like to experiment with discounts for dual-media purchases, but our current Webstore platform makes this difficult to do on a large-scale basis.


Electronic book workflow system -- The new workflow system, under the direction of our Director of Digital Publishing, Kyle Kolbe, is being implemented.

o New book titles are being entered into the system, which will facilitate more efficient production of books by centralizing and tracking all documents relating to the particular title, such as manuscripts, cover designs, contracts, etc.


o Kyle is working with our Director of Design, Nick Panos, to facilitate in-house composition of book titles, which will facilitate eBook production and reap greater efficiencies in book production. It will also help enable our ability to re-use content and create new product packages.

Respectfully Submitted,

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EXHIBIT A

Variance Report (See Attached)

EXHIBIT B

Sales Report (See Attached)

15430Monthly Book Publishing Entity Variance ReportReal Property, Trust & Estate Law, Section ofMonth January

Month 5

High Proj $300,000 0.05

Low Proj $270,000

ABA Total $512,699

Current Goal$ Change from Goal

% Change from Goal

Last Year YTD

% Change from LY

% Change This Month $29,200 $35,000 -$5,800 -16.6% $37,924 -23.0%

Goal $413,000 -30.1% YTD $153,670 $91,590 $62,080 67.8% $125,843 22.1%

LY $347,676 -17.0%

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year

Feb 2005 to Present

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year

Feb 2005 to Present

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year

Feb 2005 to Present Revenue Expense Net Profit YTD

Feb 2005 to Present

Frontlist

15430 Advisors Guide To Long Term Care $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $60,000 $39,656 $20,344 0 0

15430 Assignment And Subleasing 2E $0 $12,000 -100.0% N/A N/A $5,282 $15,576 -66.1% N/A $5,282 -$5,282 -$3,576 47.7% N/A -$5,282 $30,000 $26,339 $3,661 0 0

15430 Disability Planning 3Rd Party And Self Trusts $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $50,000 $25,723 $24,277 0 0

15430 Estate Planners Guide To Community Property $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $40,000 $27,577 $12,423 0 0

15430 Ethics In The Practice Of Elder Law $9,840 $0 100.0% N/A $9,840 $5,513 $0 100.0% $20 $5,533 $4,327 $0 100.0% -$20 $4,307 $0 $0 $0 135 135

15430 How To Start And Build A Real Estate Practice $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $22,000 $21,786 $214 0 0

15430 Mediation And Estate Planning $0 $0 0.0% N/A N/A $0 $1,070 -100.0% N/A N/A $0 -$1,070 -100.0% N/A N/A $20,000 $16,457 $3,543 0 0

15430 Sublease & Assignment Deskbook 2/E $0 $0 0.0% N/A N/A $0 $0 0.0% $35 $805 $0 $0 0.0% -$35 -$805 $0 $0 $0 0 0

Sub Total $9,840 $12,000 -18.0% N/A $9,840 $10,795 $16,646 -35.1% $55 $11,620 -$955 -$4,646 79.4% -$55 -$1,780 $222,000 $157,538 $64,462 135 135

Backlist

15430 1995 Current Dev. Re.Estate Law $0 $0 0.0% N/A -$50 $0 $0 0.0% N/A -$5 $0 $0 0.0% N/A -$45 $0 $0 $0 0 0

15430 3Rd Party And Self-Created Trusts $0 $0 0.0% N/A $135 $0 $0 0.0% N/A $47 $0 $0 0.0% N/A $88 $0 $0 $0 0 0

15430 94 Current Dev. In Real Est Law $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $24 $0 $0 0.0% N/A -$24 $0 $0 $0 0 0

15430 Acrel Papers (Vol. 6) $0 $0 0.0% N/A $125 $0 $0 0.0% N/A $588 $0 $0 0.0% N/A -$463 $0 $0 $0 0 12

15430 Acrel Vol 7 $0 $0 0.0% N/A $1,530 $0 $0 0.0% N/A $773 $0 $0 0.0% N/A $757 $0 $0 $0 0 17

15430 Advisor'S Guide To Life Insurance $15,440 $4,165 270.7% $23,087 $257,186 $13,033 $880 1381.0% $21,067 $72,119 $2,407 $3,285 -26.7% $2,020 $185,068 $10,000 $2,104 $7,896 57 482

15430 All States Foreclosure Remedies $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 $0 0 0

15430 An Est Plnrs Guide To Life Insurance $0 $0 0.0% N/A $7,777 $0 $0 0.0% N/A $3,633 $0 $0 0.0% N/A $4,144 $0 $0 $0 0 150

15430 Anatomy Of A Mortgage $716 $0 100.0% $546 $23,025 $142 $0 100.0% $1,220 $7,871 $574 $0 100.0% -$673 $15,153 $0 $0 $0 14 455

15430 Asset Protection $135 $0 100.0% $280 $29,623 $201 $0 100.0% $447 $10,887 -$66 $0 100.0% -$167 $18,736 $0 $0 $0 10 479

15430 Asset Protection Strategies Vol 2 $1,596 $315 406.6% $2,075 $123,156 $353 $65 443.2% $468 $49,978 $1,243 $250 397.1% $1,607 $73,178 $750 $159 $591 18 732

15430 Assignment & Subleasing Handbook $800 $210 280.9% $1,265 $58,462 $742 $40 1754.1% $677 $36,888 $58 $170 -65.7% $588 $21,574 $500 $106 $394 6 443

15430 Attorneys Opinion (Acrel Vol. 4) $0 $0 0.0% N/A $1,305 $0 $0 0.0% N/A $1,090 $0 $0 0.0% N/A $215 $0 $0 $0 0 16

15430 Automating Your Estate Practices $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 $0 0 0

15430 Books - Other $0 $0 0.0% -$1,654 $41,612 $219 $0 100.0% $8,746 $40,856 -$219 $0 100.0% -$10,400 $756 $0 $0 $0 0 0

15430 Buy/Sell Agreements/Mezzullo $0 $0 0.0% N/A $7,948 $0 $0 0.0% N/A $4,960 $0 $0 0.0% N/A $2,989 $0 $0 $0 0 78

15430 Every Relationship Matters Using The Power Of $3,561 $625 469.7% $3,023 $95,633 $1,021 $200 410.6% $3,200 $64,315 $2,540 $425 497.5% -$177 $31,317 $1,500 $466 $1,034 28 985

15430 Charitable Giving $0 $0 0.0% N/A $64,014 $0 $0 0.0% N/A $53,490 $0 $0 0.0% N/A $10,524 $0 $0 $0 0 585

15430 Comm Prop Lease Vol 1 -$72 $0 100.0% $160 $1,309 -$24 $0 100.0% $140 $400 -$48 $0 100.0% $20 $909 $0 $0 $0 -1 64

15430 Comm Prop Lease Vol 2 $90 $0 100.0% $166 $1,508 $32 $0 100.0% $48 $633 $58 $0 100.0% $119 $875 $0 $0 $0 3 67

15430 Comm Prop Lease Vol 3 $508 $40 1170.5% $1,026 $22,904 $157 $5 3048.0% $134 $4,261 $351 $35 902.3% $892 $18,643 $100 $21 $79 6 125

15430 Commercial Lease Formbook 2/E $8,485 $8,335 1.8% $28,798 $113,412 $2,622 $1,755 49.4% $6,825 $22,431 $5,863 $6,580 -10.9% $21,973 $90,981 $20,000 $4,208 $15,792 47 556

15430 Commercial R.E. Financing $0 $0 0.0% N/A $895 $0 $0 0.0% N/A $340 $0 $0 0.0% N/A $556 $0 $0 $0 0 21

15430 Commercial Re Transactions, 2E $16,628 $4,165 299.2% $31,575 $165,779 $14,010 $1,295 981.8% $14,016 $87,107 $2,618 $2,870 -8.8% $17,559 $78,672 $10,000 $3,104 $6,896 218 1,791

15430 Commercial Real Estate Law $0 $0 0.0% $95 $120,267 $0 $0 0.0% -$19 $46,187 $0 $0 0.0% $114 $74,080 $0 $0 $0 0 1,242

15430 Common Interest Ownership * $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $37 $0 $0 0.0% N/A -$37 $0 $0 $0 0 0

15430 Condemnation $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $2 $0 $0 0.0% N/A -$2 $0 $0 $0 0 0

15430 Condemnation Law 2/E $90 $0 100.0% $522 $31,463 $73 $0 100.0% $104 $28,101 $17 $0 100.0% $418 $3,362 $0 $0 $0 1 455

15430 Consensual Transfers $0 $0 0.0% $65 $2,934 $0 $0 0.0% $14 $1,219 $0 $0 0.0% $51 $1,715 $0 $0 $0 0 40

15430 Conservation Easements $5,714 $7,500 -23.8% $29,577 $48,108 $1,840 $3,080 -40.2% $33,146 $28,959 $3,873 $4,420 -12.4% -$3,569 $19,149 $18,000 $7,389 $10,611 54 442

15430 Construction & Design Law, 2E $5,391 $4,165 29.4% $15,190 $97,760 $2,056 $880 133.7% $4,698 $65,199 $3,335 $3,285 1.5% $10,492 $32,561 $10,000 $2,104 $7,896 37 694

15430 Disability Insurance Primer $0 $0 0.0% N/A $485 $0 $0 0.0% N/A $963 $0 $0 0.0% N/A -$479 $0 $0 $0 0 12

15430 Disclaimers, Second Edition $7,342 $8,335 -11.9% $16,932 $24,275 $4,745 $1,755 170.4% $8,502 $13,247 $2,598 $6,580 -60.5% $8,430 $11,028 $20,000 $4,208 $15,792 74 242

15430 Educational Planning $371 $0 100.0% $410 -$17,285 $544 $0 100.0% $2,298 $50,174 -$173 $0 100.0% -$1,888 -$67,459 $0 $0 $0 4 247

15430 Est Planners Guide To Qual Retir $0 $0 0.0% N/A $40 $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $40 $0 $0 $0 0 0

15430 Estate Planner'S Guide To Family Business Entities, 3Rd Ed $5,438 $6,250 -13.0% $16,909 $76,258 $6,033 $1,315 358.8% $2,137 $27,059 -$594 $4,935 -112.0% $14,772 $49,199 $15,000 $3,156 $11,844 57 716

15430 Estate Planner'S Guide To Life Insurance, 2/E $1,173 $1,040 12.8% $3,850 $48,820 $486 $370 31.4% $3,015 $25,307 $687 $670 2.5% $834 $23,513 $2,500 $902 $1,598 11 471

15430 Estate Planning & Drafting Vol. 1 $68 $0 100.0% $210 $4,660 $21 $0 100.0% $76 $1,684 $47 $0 100.0% $135 $2,976 $0 $0 $0 1 54

15430 Estate Planning For Minors $353 $165 114.2% $648 $46,846 $130 $50 159.7% $315 $34,614 $224 $115 94.5% $332 $12,232 $400 $125 $275 4 504

15430 Family Business Counselor $0 $0 0.0% N/A $6,746 $0 $0 0.0% N/A $3,251 $0 $0 0.0% N/A $3,495 $0 $0 $0 0 78

15430 Family Business Entities 2Nd Ed $0 $0 0.0% -$80 $59,800 $0 $0 0.0% N/A $36,409 $0 $0 0.0% -$80 $23,391 $0 $0 $0 0 757

15430 Family Limited Partnerships $0 $0 0.0% N/A $45 $0 $0 0.0% N/A $43 $0 $0 0.0% N/A $2 $0 $0 $0 0 0

15430 Family Ltd Partnership Deskbook, 2E $3,970 $3,335 19.0% $6,739 $204,779 $1,749 $1,035 68.9% $2,621 $78,379 $2,221 $2,300 -3.4% $4,119 $126,401 $8,000 $2,483 $5,517 37 1,928

15430 Fed Inc Taxation Of Life Insurance 2/E $52 $0 100.0% $115 $1,859 $18 $0 100.0% $493 $1,303 $34 $0 100.0% -$379 $556 $0 $0 $0 2 40

15430 Federal Gift Estate & Generation Skpg Tax 3Rd Ed $5,917 $0 100.0% $13,205 $19,122 $5,410 $0 100.0% -$8,453 -$3,043 $507 $0 100.0% $21,658 $22,165 $0 $0 $0 64 205

15430 Firpta - 2Nd Edition $0 $0 0.0% N/A $505 $0 $0 0.0% N/A $802 $0 $0 0.0% N/A -$297 $0 $0 $0 0 15

Revenue

Net Profit Unit SalesEOY Goal

Revenue: Summary Performance

Revenue Expense

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year

Feb 2005 to Present

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year

Feb 2005 to Present

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year


Feb 2005 to Present

Net Profit Unit SalesEOY GoalRevenue Expense

15430 Foreclosure Law, 2/E $604 $415 45.6% $1,234 $12,990 $103 $90 14.2% $173 $6,571 $502 $325 54.4% $1,061 $6,418 $1,000 $210 $790 13 284

15430 Foreclosures (Acrel Vol. 3) $0 $0 0.0% N/A $1,261 $0 $0 0.0% N/A $640 $0 $0 0.0% N/A $621 $0 $0 $0 0 19

15430 Foreign Invest U.S. Real Estate $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $8 $0 $0 0.0% N/A -$8 $0 $0 $0 0 10

15430 From Handshake To Closing $0 $0 0.0% -$210 $25,464 $0 $0 0.0% N/A $13,552 $0 $0 0.0% -$210 $11,913 $0 $0 $0 0 933

15430 From Handshake To Closing 2E $1,683 $1,250 34.7% $4,027 $16,682 $1,673 $390 329.0% $4,396 $14,828 $10 $860 -98.8% -$369 $1,853 $3,000 $931 $2,069 52 573

15430 Funding Of Living Trusts $1,225 $625 96.0% $3,044 $74,358 $85 $200 -57.7% $956 $29,952 $1,140 $425 168.3% $2,088 $44,406 $1,500 $466 $1,034 15 738

15430 Green Building And Sustaninable Development The $704 $835 -15.7% $1,859 $59,504 $981 $180 444.8% $3,279 $48,981 -$277 $655 -142.3% -$1,420 $10,522 $2,000 $421 $1,579 8 479

15430 Impact Of Ada On Real Property $0 $0 0.0% $42 $7,259 $0 $0 0.0% $21 $1,426 $0 $0 0.0% $22 $5,834 $0 $0 $0 0 82

15430 Insured Stock Purchase Agreement, 2E $297 $835 -64.4% $2,691 $51,275 $119 $305 -61.1% $1,466 $24,337 $179 $530 -66.3% $1,225 $26,939 $2,000 $721 $1,279 4 656

15430 International Estate Planning 2/E $1,175 $0 100.0% $837 $19,508 -$18 $0 100.0% $650 $3,522 $1,193 $0 100.0% $187 $15,986 $0 $0 $0 11 225

15430 Irrevocable Life Insur2Nd Editio $0 $0 0.0% N/A $12,867 $19 $0 100.0% $97 $8,261 -$19 $0 100.0% -$97 $4,605 $0 $0 $0 6 120

15430 Irrevocable Life Insurance Trust $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $71 $0 $0 0.0% N/A -$71 $0 $0 $0 0 0

15430 Irrevocable Life Insurance Trust 3E $7,185 $6,250 15.0% $18,067 $54,281 $1,504 $1,315 14.4% $22,584 $22,774 $5,681 $4,935 15.1% -$4,517 $31,507 $15,000 $3,156 $11,844 78 709

15430 Land Surveys Third Edition $19,434 $0 100.0% $12,828 $32,262 $19,764 $0 100.0% -$1,902 $17,862 -$330 $0 100.0% $14,730 $14,400 $0 $0 $0 176 301

15430 Land Survey'S, 2Nd Ed $0 $0 0.0% $389 $31,311 $0 $0 0.0% $587 $10,468 $0 $0 0.0% -$198 $20,843 $0 $0 $0 0 318

15430 Land Use Regulation $0 $0 0.0% N/A $384 $0 $0 0.0% N/A $68 $0 $0 0.0% N/A $316 $0 $0 $0 0 0

15430 Land Use Regulation, 2/E $250 $1,040 -76.0% $3,787 $71,051 $459 $340 35.0% $11,717 $38,144 -$209 $700 -129.9% -$7,930 $32,907 $2,500 $827 $1,673 4 883

15430 Lease Manual-Dillman $1,548 $2,500 -38.1% $10,679 $137,907 $1,109 $780 42.2% $7,719 $56,727 $439 $1,720 -74.5% $2,959 $81,180 $6,000 $1,863 $4,137 16 1,396

15430 Leasing Forms Cd-Rom/Horn $0 $0 0.0% -$99 $172,757 $0 $0 0.0% N/A $37,670 $0 $0 0.0% -$99 $135,086 $0 $0 $0 0 733

15430 Lend Perspectives (Acrel Vol. 5) $0 $0 0.0% N/A $392 $0 $0 0.0% N/A $303 $0 $0 0.0% N/A $89 $0 $0 $0 0 15

15430 Lic 3 (2Nde)-Fed Gift, Estate & Gen Skpg Trsfr $0 $0 0.0% $260 $1,766 $1 $0 100.0% $94 $1,147 -$1 $0 100.0% $165 $619 $0 $0 $0 2 35

15430 Life Ins Counselor 4 $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 $0 0 0

15430 Life Ins. Counselor Vol 1, 2Nd $0 $0 0.0% N/A $2,833 $0 $0 0.0% N/A $2,258 $0 $0 0.0% N/A $574 $0 $0 $0 0 50

15430 Mezzullo Buy-Sell Agreements, 2E $2,127 $2,085 2.0% $6,483 $124,669 $1,483 $755 96.4% $895 $52,552 $644 $1,330 -51.6% $5,588 $72,117 $5,000 $1,802 $3,198 24 1,232

15430 Mezzullo Qualified Retirement Plans, 4E $561 $250 124.4% $1,376 $62,626 $342 $90 280.0% $577 $30,760 $219 $160 36.9% $799 $31,866 $600 $215 $385 6 720

15430 Nqdc $0 $0 0.0% N/A $1,001 $0 $0 0.0% N/A $1,684 $0 $0 0.0% N/A -$682 $0 $0 $0 0 17

15430 Partnerships Acrel $0 $0 0.0% N/A $318 $0 $0 0.0% N/A $157 $0 $0 0.0% N/A $160 $0 $0 $0 0 7

15430 Pennell Trust & Estate Planning $1,706 $2,085 -18.2% $6,510 $151,803 $460 $650 -29.2% $5,452 $57,945 $1,246 $1,435 -13.2% $1,058 $93,858 $5,000 $1,552 $3,448 20 1,440

15430 Planning Wealth Transfers $962 $835 15.2% $3,024 $56,537 $166 $165 0.8% $1,303 $23,686 $796 $670 18.7% $1,720 $32,852 $2,000 $390 $1,610 22 1,023

15430 Predatory Lending $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $2,531 $0 $0 0.0% N/A -$2,531 $0 $0 $0 0 0

15430 Premises Liability Claims $340 $105 223.6% $847 $9,485 -$149 $30 -596.1% $378 $4,159 $489 $75 551.4% $469 $5,326 $250 $78 $172 6 95

15430 Qualified Retirement Benefits, 2E $0 $0 0.0% N/A $11,420 $0 $0 0.0% $2 $6,260 $0 $0 0.0% -$2 $5,160 $0 $0 $0 0 80

15430 Qualified Retirement Plan Benes $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 $0 0 0

15430 Real Estate Opinion Letters $6,331 $3,125 102.6% $15,477 $86,809 $4,306 $975 341.6% $11,591 $56,929 $2,025 $2,150 -5.8% $3,886 $29,879 $7,500 $2,329 $5,171 26 403

15430 Real Estate Practice-Ominsky $0 $0 0.0% -$42 $27,510 -$95 $0 100.0% $30 $15,366 $95 $0 100.0% -$72 $12,144 $0 $0 $0 9 601

15430 Real Estate Workouts Acrel Vol 1 $0 $0 0.0% -$38 $502 $0 $0 0.0% N/A $573 $0 $0 0.0% -$38 -$71 $0 $0 $0 0 14

15430 Regulation Land Salesmarketing $0 $0 0.0% N/A N/A $0 $0 0.0% N/A $98 $0 $0 0.0% N/A -$98 $0 $0 $0 0 0

15430 S Corp & Life Insurance, 2Ed $50 $0 100.0% $105 $4,623 $56 $0 100.0% $548 $3,364 -$6 $0 100.0% -$443 $1,259 $0 $0 $0 1 40

15430 Single Entity Asset Real Estate $0 $0 0.0% N/A $312 $0 $0 0.0% N/A $1,291 $0 $0 0.0% N/A -$979 $0 $0 $0 0 9

15430 State Compendium Of Timeshare Law $25 $0 100.0% $25 $44,721 $4 $0 100.0% $14 $328 $21 $0 100.0% $11 $44,394 $0 $0 $0 1 35

15430 Sustainable Development $820 $2,085 -60.7% $14,483 $15,303 $683 $440 55.2% $8,760 $9,442 $137 $1,645 -91.7% $5,723 $5,860 $5,000 $1,052 $3,948 15 234

15430 Synthetic Leases $0 $0 0.0% N/A $2,347 $49 $0 100.0% $150 $759 -$49 $0 100.0% -$150 $1,588 $0 $0 $0 5 29

15430 Taxation And Funding Of Nqdc 2Nd Ed $4,898 $0 100.0% $21,913 $26,811 $8,675 $0 100.0% $3,426 $12,101 -$3,777 $0 100.0% $18,487 $14,710 $0 $0 $0 66 296

15430 Telecommunications & Real Estate $0 $0 0.0% $370 $31,669 $24 $0 100.0% $72 $18,716 -$24 $0 100.0% $298 $12,953 $0 $0 $0 0 284

15430 The Commercial Office Lease Handbook $318 $210 51.4% $952 $31,820 $782 $60 1203.2% $397 $10,009 -$464 $150 -409.3% $555 $21,812 $500 $156 $344 3 192

15430 The Insured Stock Purchase Agreement $0 $0 0.0% N/A $1,165 $0 $0 0.0% N/A $984 $0 $0 0.0% N/A $181 $0 $0 $0 0 14

15430 Third Party Trusts 3/E $487 $0 100.0% $1,169 $56,528 -$389 $0 100.0% $849 $30,130 $875 $0 100.0% $320 $26,399 $0 $0 $0 7 440

15430 Title & Escrow $0 $0 0.0% N/A $11,716 $0 $0 0.0% N/A $2,321 $0 $0 0.0% N/A $9,395 $0 $0 $0 0 77

15430 Title Insurance $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 0.0% N/A N/A $0 $0 $0 0 0

15430 Title Insurance, 2E $0 $0 0.0% N/A $43,566 $0 $0 0.0% N/A $24,427 $0 $0 0.0% N/A $19,139 $0 $0 $0 0 304

15430 Title Insurance, 3E $4,261 $2,085 104.4% $7,662 $176,220 $1,314 $650 102.2% $7,211 $108,723 $2,947 $1,435 105.4% $450 $67,497 $5,000 $1,552 $3,448 46 3,570

15430 Trustee Investments $2,983 $4,165 -28.4% $12,344 $67,662 $401 $1,295 -69.0% $4,635 $30,178 $2,582 $2,870 -10.0% $7,709 $37,484 $10,000 $3,104 $6,896 36 764

15430 Using Family Limited Partnerships $0 $0 0.0% N/A $31,843 $0 $0 0.0% N/A $20,090 $0 $0 0.0% N/A $11,753 $0 $0 $0 0 169

15430 Valuation Rules $0 $0 0.0% N/A $567 $0 $0 0.0% N/A $424 $0 $0 0.0% N/A $143 $0 $0 $0 0 10

15430 Wills Trusts & Technology, 2/E $90 $165 -45.5% $848 $20,053 $107 $50 114.2% $624 $14,714 -$17 $115 -114.9% $224 $5,340 $400 $125 $275 1 243

Sub Total $143,830 $79,590 80.7% $347,676 $3,680,488 $99,631 $21,485 363.7% $204,684 $1,782,850 $44,199 $58,105 -23.9% $142,991 $1,897,638 $191,000 $51,485 $139,515 1,431 36,101

TOTAL $153,670 $91,590 67.8% $347,676 $3,690,328 $110,426 $38,131 189.6% $204,739 $1,794,470 $43,244 $53,459 -19.1% $142,936 $1,895,858 $413,000 $209,023 $203,977 1,566 36,236

ABA TOTAL $3,367,142 $3,951,415 -14.8% $9,362,340 $72,926,076 $2,134,268 $2,209,290 -3.4% $6,167,246 $40,613,337 $1,232,874 $718,992 71.5% $3,195,094 $32,312,739 $11,961,156 $5,918,825 $6,042,330 55,502 1,258,231

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year

Feb 2005 to Present

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year

Feb 2005 to Present

CurrentYTD

GoalYTD

% Changefrom Goal

EOYLast Year


Feb 2005 to Present

Net Profit Unit SalesEOY GoalRevenue Expense

* Data source: Oracle through Decision Cast "GL Account Balances" report

Proprietary ABA Information: Confidential

** This report does not necessarily contain either correct information or all of the necessary information because the reported expenses are based on a formula, not actual expenses. The formula itself derives in part from historical expenses, not current expenses. Moreover, those historical expenses did not include all indirect expenses and included some items that would not be considered a part of cost of goods sold under generally accepted accounting principles—e.g., marketing costs. As a result, the report is a guesstimate of certain costs and expenses related to book publishing and marketing.

The report is, to some extent, a victim of the fact that the ABA does not currently have a cost accounting system that will provide accurate cost of goods sold information for books. Such a system would be expensive and would become less valuable in the future as the ABA moves more and more to electronic publishing.

As a result of the foregoing, management is cautioned to exercise due care when using these reports to make operating decisions.

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

450,000

Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug PA1 PA2 Final Audit

YTD Revenue by Month

Current

Goal

Last Year

Weekly Book Publishing Entity Unit Sales ReportReal Property, Trust & Estate Law, Section ofWeek 28

Month 7

As of: 03/15/2013

Includes NBN data through 02/28/2013

ProductCurrent

Week MTD YTDCurrent

Week MTD YTDCurrent

Week MTD YTD

Book 28 76 1,791 N/A N/A 283 28 76 2,074

CD 0 0 0 N/A N/A 0 0 0 0

CLE 0 0 0 N/A N/A 0 0 0 0

E-Product 0 0 21 N/A N/A 0 0 0 21

Insert 0 0 0 N/A N/A 0 0 0 0

Periodicals 0 0 0 N/A N/A 0 0 0 0

Special Offers 0 0 0 N/A N/A 0 0 0 0

Other 0 0 22 N/A N/A 0 0 0 22

TOTAL 28 76 1,834 N/A N/A 283 28 76 2,117

TIMSS Units NBN Units Total Units

Res Product CodeFront List Year

YTD Sales Rank

Product Type Product Title

Current Week MTD YTD

Last 90 Days

SinceFeb 1,

2005Current

Week MTD YTDLast

90 Days

SinceFeb 1,

2005Current

Week MTD YTDLast

90 Days

SinceFeb 1,

2005

15435430628 FY2013 5 Individual Book The Sublease and Assignment Deskbook, Second Edition 4 5 109 109 109 N/A N/A 0 0 0 4 5 109 109 109

15435430625 FY2013 4 Individual Book The Advisor's Guide to Long-Term Care 6 10 115 115 115 N/A N/A 0 0 0 6 10 115 115 115

15435430614 FY2013 3 Individual Book Ethics in the Practice of Elder Law 3 7 158 158 158 N/A N/A 0 0 0 3 7 158 158 158

15435430613 FY2012 2 Individual Book Land Surveys: A Guide for Lawyers and Other Professionals, Third Edition 4 7 202 61 327 N/A N/A 0 0 0 4 7 202 61 327

15435430608 FY2012 11 Individual Book Federal Gift, Estate, and Generation-Skipping Transfer Taxation of Life Insurance 3 9 77 35 218 N/A N/A 0 0 0 3 9 77 35 218

15435430605 N/A 7 Individual Book Taxation and Funding of Nonqualified Deferred Compensation: A Complete Guid 1 2 89 30 319 N/A N/A 0 0 0 1 2 89 30 319

15435430591 FY2012 22 Individual Book Foundations of Sustainable Development: Law, Regulation, and Planning 0 2 24 15 243 N/A N/A 0 0 0 0 2 24 15 243

15435430590EBK FY2011 55 Individual Book Disclaimers in Estate Planning, Second Edition Ebook 0 0 2 1 3 N/A N/A 0 0 0 0 0 2 1 3

15435430590 FY2012 9 Individual Book Disclaimers in Estate Planning, Second Edition 4 4 78 37 245 N/A N/A 0 0 0 4 4 78 37 245

15435430577 FY2011 8 Individual Book Conservation Easements: Tax and Real Estate Planning for Landowners and Adv 0 0 88 55 476 N/A N/A 0 0 0 0 0 88 55 476

15435430561CDR FY2011 62 Individual CD The Irrevocable Life Insurance Trusts Forms with Drafting Notes, Third Edition CD 0 0 0 0 192 N/A N/A 0 0 0 0 0 0 0 192

15435430561 FY2011 6 Individual Book The Irrevocable Life Insurance Trusts Forms with Drafting Notes, Third Edition 5 16 96 43 535 N/A N/A 0 0 0 5 16 96 43 535

15435430547 FY2011 13 Individual Book The Advisor's Guide to Life Insurance 1 2 44 15 469 N/A N/A 23 23 23 1 2 67 38 492

15435430537 FY2010 15 Individual Book The Commercial Lease Formbook: Expert Tools for Drafting and Negotiation, Sec 0 0 36 13 507 N/A N/A 15 7 39 0 0 51 20 546

15435430536 FY2010 14 Individual Book From Handshake to Closing: The Role of the Commercial Real Estate Lawyer, Se 1 1 37 7 461 N/A N/A 22 8 71 1 1 59 15 532

15435430520 FY2010 9 Individual Book An Estate Planner's Guide to Family Business Entities: Family Limited Partnershi 0 4 68 29 695 N/A N/A 10 7 42 0 4 78 36 737

15435430510B FY2010 44 Individual Book Education Planning: Taxes, Trusts, and Techniques 0 1 5 3 212 N/A N/A 0 0 38 0 1 5 3 250

15435430503 FY2009 32 Individual Book Green Building and Sustainable Development: The Practical Legal Guide 0 1 2 1 423 N/A N/A 8 7 71 0 1 10 8 494

15435430498PDFC FY2010 39 Individual E-Product Foreclosure Law and Related Remedies, Second Edition: State Chapter Bundle C 0 0 6 3 83 N/A N/A 0 0 0 0 0 6 3 83

15435430498PDFB FY2009 33 Individual E-Product Foreclosure Law and Related Remedies, Second Edition (AR, AK, DC, IA, ID, HI, 0 0 9 4 91 N/A N/A 0 0 0 0 0 9 4 91

15435430498PDFA FY2009 44 Individual E-Product Foreclosure Law and Related Remedies, Second Edition (AZ, CO, CT, DE, KY, M 0 0 5 3 117 N/A N/A 0 0 0 0 0 5 3 117

15435430495 FY2009 18 Individual Book A State-by-State Guide to Construction and Design Law, Second Edition 1 1 28 6 609 N/A N/A 10 8 122 1 1 38 14 731

15435430494 FY2010 21 Individual Book Real Estate Opinion Letter Practice with CD-ROM 0 0 25 1 395 N/A N/A 1 0 8 0 0 26 1 403

15435430492 FY2009 27 Individual Book An Estate Planner's Guide to Life Insurance, Second Edition 0 0 13 7 473 N/A N/A 0 0 0 0 0 13 7 473

15435430479 FY2009 12 Individual Book The Law of Trustee Investments 1 4 62 31 723 N/A N/A 6 5 61 1 4 68 36 784

15435430478 FY2008 1 Individual Book A Practical Guide to Commercial Real Estate Transactions, Second Edition -15 -15 150 112 1,155 N/A N/A 109 85 556 -15 -15 259 197 1,711

15435430477PDFP N/A 62 Individual E-Product Compendium of State Timeshare Law (18 State Chapters) 0 0 0 0 9 N/A N/A 0 0 0 0 0 0 0 9

15435430477PDFG N/A 62 Individual E-Product Compendium of State Timeshare Law 0 0 0 0 0 N/A N/A 0 0 0 0 0 0 0 0

15435430477PDFE N/A 62 Individual E-Product Compendium of State Timeshare Law (AZ, AR, NH) 0 0 0 0 5 N/A N/A 0 0 0 0 0 0 0 5

15435430477PDFD N/A 62 Individual E-Product Compendium of State Timeshare Law (NV, UT, MT, NE) 0 0 0 0 5 N/A N/A 0 0 0 0 0 0 0 5

15435430477PDFC N/A 62 Individual E-Product Compendium of State Timeshare Law (VA, WA, OR) 0 0 0 0 2 N/A N/A 0 0 0 0 0 0 0 2

15435430477PDFB N/A 62 Individual E-Product Compendium of State Timeshare Law (CA, AK, ID, AL) 0 0 0 0 7 N/A N/A 0 0 0 0 0 0 0 7

15435430477PDFA FY2008 59 Individual E-Product Compendium of State Timeshare Law (FL, GA, KY, MS) 0 0 1 0 7 N/A N/A 0 0 0 0 0 1 0 7

15435430476 FY2008 37 Individual Book The Insured Stock Purchase Agreement (includes CD-ROM) 1 1 7 4 454 N/A N/A 0 0 43 1 1 7 4 497

15435430475PDF N/A 62 Individual E-Product From Handshake to Closing: The Role of the Commercial Real Estate Lawyer 0 0 0 0 39 N/A N/A 0 0 0 0 0 0 0 39

15435430475 FY2008 62 Individual Book From Handshake to Closing: The Role of the Commercial Real Estate Lawyer 0 0 0 0 725 N/A N/A 0 0 102 0 0 0 0 827

15435430474 N/A 39 Individual Book An Estate Planner's Guide to Qualified Retirement Plan Benefits, Fourth Edition ( 0 0 6 1 580 N/A N/A 0 0 42 0 0 6 1 622

15435430472 N/A 19 Individual Book Charitable Gift Planning (CD-ROM included), 2nd Edition 0 1 30 18 797 N/A N/A 0 0 128 0 1 30 18 925

15435430471 N/A 15 Individual Book Title Insurance, Third Edition 1 2 26 9 3,082 N/A N/A 25 13 362 1 2 51 22 3,444

15435430470 N/A 20 Individual Book An Estate Planner's Guide to Buy-Sell Agreements for the Closely Held Business 2 2 18 6 1,073 N/A N/A 10 3 185 2 2 28 9 1,258

15435430469 N/A 17 Individual Book The Family Limited Partnership Deskbook includes CD-ROM 1 3 35 15 1,390 N/A N/A 12 5 392 1 3 47 20 1,782

15435430468 N/A 24 Individual Book The Lease Manual (includes CD-Rom) 4 4 17 4 1,102 N/A N/A 3 6 321 4 4 20 10 1,423

15435430467P N/A 62 Bundle Book (Leasing Forms Cd-Rom/Horn) Commercial Lease Formbook and Sublease and A 0 0 0 0 49 N/A N/A 0 0 0 0 0 0 0 49

15435430464 N/A 55 Individual Book CURRENT CONDEMNATION LAW 0 0 2 1 456 N/A N/A 0 0 0 0 0 2 1 456

15435430463 N/A 49 Individual Book TAX, ESTATE, AND LIFETIME PLANNING FOR MINORS 0 0 4 1 450 N/A N/A 0 0 57 0 0 4 1 507

NBN Units Total Units

Book Publishing Product Unit Sales: Summary Performance

TIMSS Units



YTD Sales Rank



Last 90 Days

SinceFeb 1,

2005Current

Week MTD YTDLast

90 Days

SinceFeb 1,

2005Current

Week MTD YTDLast

90 Days

SinceFeb 1,

2005

15435430462 N/A 39 Individual Book THE SUBLEASE AND ASSIGNMENT DESKBOOK: Legal Issues, Forms, and D 0 0 6 0 443 N/A N/A 0 0 0 0 0 6 0 443

15435430461 N/A 33 Individual Book Real Estate Lore: Modern Techniques and Everyday Tips for the Practitioner 0 0 9 0 513 N/A N/A 0 0 84 0 0 9 0 597

15435430460 N/A 62 Individual Book Charitable Gift Planning 0 0 0 0 516 N/A N/A 0 0 69 0 0 0 0 585

15435430459 N/A 62 Individual Book Telecommunication Agreements for Commercial Buildings: What Every Real Est 0 0 0 0 284 N/A N/A 0 0 0 0 0 0 0 284

15435430458 N/A 23 Individual Book Estate and Trust Planning 0 0 12 0 965 N/A N/A 9 5 448 0 0 21 5 1,413

15435430457P N/A 33 Bundle Book (Asset Protection Strategies Vol 2) Asset Protection Strategies Package - Volume 0 0 9 4 222 N/A N/A 0 0 0 0 0 9 4 222

15435430454 N/A 30 Individual Book Asset Protection Strategies: Wealth Preservation Planning with Domestic and Off 0 0 9 4 457 N/A N/A 2 2 26 0 0 11 6 483

15435430453 N/A 25 Individual Book The Funding of Living Trusts 0 0 15 2 498 N/A N/A 3 1 240 0 0 18 3 738

15435430450 N/A 62 Individual Book The Commercial Lease Formbook: Expert Tools for Drafting and Negotiation 0 0 0 0 597 N/A N/A 0 0 72 0 0 0 0 669

15435430449 N/A 62 Individual Book The Family Limited Partnership Deskbook: Forming and Funding FLPs and Other 0 0 0 0 13 N/A N/A 0 0 156 0 0 0 0 169

15435430448 N/A 59 Individual Book Wills, Trusts, and Technology: An Estate and Trust Lawyer's Guide to Automation 0 0 1 0 214 N/A N/A 0 0 26 0 0 1 0 240

15435430445 N/A 50 Individual Book Land Use Regulation: A Legal Analysis and Practical Application of Land Use Law 0 0 2 0 392 N/A N/A 1 2 392 0 0 3 2 784

15435430444 N/A 62 Individual Book An Estate Planner's Guide to Family Business Entities: Family Limited Partnershi 0 0 0 0 506 N/A N/A 0 0 221 0 0 0 0 727

15435430440 N/A 50 Individual Book The Commercial Office Lease Handbook 0 0 3 1 192 N/A N/A 0 0 0 0 0 3 1 192

15435430439 N/A 39 Individual Book Premises Liability Claims: A Guide to Defending Owners 0 0 5 1 62 N/A N/A 1 0 31 0 0 6 1 93

15435430436 N/A 33 Individual Book Third-Party and Self-Created Trusts: Planning for the Elderly and Disabled Client 0 0 6 2 272 N/A N/A 3 2 182 0 0 9 4 454

15435430433 N/A 30 Individual Book Asset Protection Strategies: Planning with Domestic and Offshore Entities, Volum 0 0 9 4 352 N/A N/A 2 1 87 0 0 11 5 439

15435430432 N/A 62 Individual Book An Estate Planner's Guide to Qualified Retirement Plan Benefits, Third Edition 0 0 0 0 78 N/A N/A 0 0 2 0 0 0 0 80

15435430431P N/A 62 Bundle Book (Commercial Real Estate Law) Commercial Re/Anatomy Package 0 0 0 0 0 N/A N/A 0 0 0 0 0 0 0 0

15435430430 N/A 44 Individual Book Synthetic Lease Financing 0 0 5 0 29 N/A N/A 0 0 0 0 0 5 0 29

15435430425 N/A 62 Individual Book A Practical Guide to Commercial Real Estate Transactions: From Contract to Clo 0 0 0 0 725 N/A N/A 0 0 517 0 0 0 0 1,242

15435430424 N/A 62 Individual Book An Estate Planner's Guide to Buy-Sell Agreements for the Closely Held Business 0 0 0 0 58 N/A N/A 0 0 20 0 0 0 0 78

15435430423 N/A 26 Individual Book Anatomy of a Mortgage: Understanding and Negotiating Commercial Real Estate 0 0 10 4 219 N/A N/A 7 4 234 0 0 17 8 453

15435430421 N/A 28 Individual Book A Guide to International Estate Planning: Drafting, Compliance, and Administratio 0 0 11 5 125 N/A N/A 1 1 65 0 0 12 6 190

15435430419P N/A 44 Bundle Book (Comm Prop Lease Vol 3) The Commercial Property Lease Package: Volumes I, 0 0 5 3 52 N/A N/A 0 0 0 0 0 5 3 52

15435430418 N/A 59 Individual Book Bridging The Gap:Drafting for Tax and Administration Issues 0 0 1 0 54 N/A N/A 0 0 0 0 0 1 0 54

15435430417 N/A 44 Individual Book The Commercial Property Lease, Volume III: Negotiating Specific Terms, Drafting 0 0 5 3 77 N/A N/A 0 0 0 0 0 5 3 77

15435430415 N/A 62 Individual Book Title Insurance: A Comprehensive Overview, Second Edition 0 0 0 0 188 N/A N/A 0 0 116 0 0 0 0 304

15435430414 N/A 62 Individual Book An Estate Planner's Guide to Life Insurance 0 0 0 0 113 N/A N/A 0 0 37 0 0 0 0 150

15435430409 N/A 55 Individual Book S Corporations and Life Insurance, Second Edition (Insurance Counselor Series, 0 1 2 2 41 N/A N/A 0 0 0 0 1 2 2 41

15435430408 N/A 62 Individual Book Accessibility Under the Americans with Disabilities Act and Other Laws 0 0 0 0 82 N/A N/A 0 0 0 0 0 0 0 82

15435430406 N/A 62 Individual Book Land Surveys: A Guide for Lawyers and Other Professionals, Second Edition 0 0 0 0 229 N/A N/A 0 0 101 0 0 0 0 330

15435430405 N/A 39 Individual Book The Irrevocable Life Insurance Trust, Second Edition (Insurance Counselor Serie 0 0 6 0 120 N/A N/A 0 0 0 0 0 6 0 120

15435430404P N/A 62 Bundle Book (Comm Prop Lease Vol 2) Commercial Property Lease Vol I And Ii (Package) 0 0 0 0 0 N/A N/A 0 0 0 0 0 0 0 0

15435430401 N/A 50 Individual Book Federal Income Taxation of Life Insurance, Second Edition (Insurance Counselor 0 1 3 2 41 N/A N/A 0 0 0 0 1 3 2 41

15435430400 N/A 62 Individual Book A State-by-State Guide to Construction and Design Law: Current Statutes and Pra 0 0 0 0 77 N/A N/A 0 0 0 0 0 0 0 77

15435430397 N/A 62 Individual Book Taxation and Funding of Nonqualified Deferred Compensation (Insurance Counse 0 0 0 0 17 N/A N/A 0 0 0 0 0 0 0 17

15435430396 N/A 62 Individual Book Consensual Transfers of Distressed Real Estate 0 0 0 0 40 N/A N/A 0 0 0 0 0 0 0 40

15435430391 N/A 55 Individual Book Federal Gift, Estate, and Generation-Skipping Transfer Taxation of Life Insurance 0 0 2 0 35 N/A N/A 0 0 0 0 0 2 0 35

15435430387 N/A 62 Individual Book Counseling Professionals on Disability Insurance with Sample Agreements and D 0 0 0 0 12 N/A N/A 0 0 0 0 0 0 0 12

15435430386 N/A 62 Individual Book The Insured Stock Purchase Agreement with Sample Forms (Insurance Counselo 0 0 0 0 14 N/A N/A 0 0 0 0 0 0 0 14

15435430385 N/A 50 Individual Book The Commercial Property Lease, Volume II: Allocating Risk, Controlling Use, Ten 0 0 3 1 67 N/A N/A 0 0 0 0 0 3 1 67

15435430384 N/A 62 Individual Book Business Succession Planning and Beyond: A Multidisciplinary Approach to Repr 0 0 0 0 43 N/A N/A 0 0 34 0 0 0 0 77

15435430380 N/A 62 Individual Book Single Asset Real Estate Bankruptcies: Current Developments and Legislative Iss 0 0 0 0 9 N/A N/A 0 0 0 0 0 0 0 9

15435430379 N/A 62 Individual Book Current Developments In Real Estate Law: Annual Survey 1995 0 0 0 0 0 N/A N/A 0 0 0 0 0 0 0 0

15435430371 N/A 62 Individual Book Complying With FIRPTA: A Manual of Forms, Second Edition 0 0 0 0 15 N/A N/A 0 0 0 0 0 0 0 15

15435430369 N/A 62 Individual Book Planned Communities: Ownership Options and Developmental Formats (ACREL 0 0 0 0 15 N/A N/A 0 0 0 0 0 0 0 15

15435430367 N/A 62 Individual Book Valuation Rules Under Chapter 14: The Impact on Gift and Estate Taxation 0 0 0 0 10 N/A N/A 0 0 0 0 0 0 0 10

15435430350 N/A 62 Bundle Book (Acrel Vol 7) All 7 volumes in The ACREL Papers series 0 0 0 0 2 N/A N/A 0 0 0 0 0 0 0 2

15435430348 N/A 62 Individual Book Environmental Liability in Commercial Property Transactions (ACREL 6) 0 0 0 0 12 N/A N/A 0 0 0 0 0 0 0 12

15435430347 N/A 62 Individual Book Life Insurance Due Care, Second Edition (Insurance Counselor Series, Vol 1) 0 0 0 0 50 N/A N/A 0 0 0 0 0 0 0 50

15435430345 N/A 111 Individual Book The Commercial Property Lease, Volume I: Structuring Agreements, Assessing E 0 0 -1 -1 64 N/A N/A 0 0 0 0 0 -1 -1 64

15435430341 N/A 62 Individual Book Commercial Real Estate Finance: Current 0 0 0 0 21 N/A N/A 0 0 0 0 0 0 0 21

15435430338 N/A 62 Individual Book Commercial Real Estate Lending: Innovative Financing Strategies (ACREL 5) 0 0 0 0 15 N/A N/A 0 0 0 0 0 0 0 15

15435430336 N/A 62 Individual Book The Attorney's Opinion Letter in Real Estate Transactions, (ACREL 4) 0 0 0 0 16 N/A N/A 0 0 0 0 0 0 0 16

15435430335 N/A 62 Individual Book Real Estate Foreclosures (ACREL 3) 0 0 0 0 19 N/A N/A 0 0 0 0 0 0 0 19

15435430328 N/A 62 Individual Book Volume 5 S Corporations and Life Insurance 0 0 0 0 0 N/A N/A 0 0 0 0 0 0 0 0

15435430325 N/A 62 Individual Book Real Estate Loan Workouts (ACREL 1) 0 0 0 0 14 N/A N/A 0 0 0 0 0 0 0 14

15435430324 N/A 62 Individual Book Real Estate Partnerships: Selected Problems and Solutions (ACREL 2) 0 0 0 0 7 N/A N/A 0 0 0 0 0 0 0 7

15435430314 N/A 62 Bundle Book (Foreign Invest U.S. Real Estate) Foreign Investment In Us Real Estate 0 0 0 0 10 N/A N/A 0 0 0 0 0 0 0 10

15435430109 N/A 50 Individual Other Planning with Retirement Benefits - Client Brochures 0 0 3 1 67 N/A N/A 0 0 0 0 0 3 1 67

15435430108 N/A 62 Individual Other Power of Attorney - Client Brochures 0 0 0 0 104 N/A N/A 0 0 0 0 0 0 0 104

15435430107 N/A 62 Individual Other Living Wills, Health Care Proxies, and Advance Health Care Directives - Client B 0 0 0 0 123 N/A N/A 0 0 0 0 0 0 0 123

15435430103 N/A 28 Individual Other Revocable Living Trusts - Client Brochures 0 0 12 7 256 N/A N/A 0 0 0 0 0 12 7 256

15435430102 N/A 37 Individual Other Estate Planning: Getting Started - Client Brochures 0 0 7 2 360 N/A N/A 0 0 0 0 0 7 2 360

15435430101 N/A 62 Individual Other You Are the Fiduciary - Client Brochures 0 0 0 0 113 N/A N/A 0 0 0 0 0 0 0 113



YTD Sales Rank



Last 90 Days

SinceFeb 1,

2005Current

Week MTD YTDLast

90 Days

SinceFeb 1,

2005Current

Week MTD YTDLast

90 Days

SinceFeb 1,

2005

* Data source: data warehouse through Decision Cast "Product Order Summary" and "Product Order Details" and NBN Sales and Return reports

** Life of Product data is limited to the data available in TIMSS, e.g. February 2005 through present

*** NBN sales data is only available once a month; sales will appear only in the YTD, Last 90 Days and Since Feb 1, 2005 columns, e.g. all March data will be included in mid-April


FREQUENTLY ASKED QUESTIONS BY PROSPECTIVE AUTHORS

1. Why should I write a book for the Real Property Trust and Estate Section (RPTE) of the ABA?

You are knowledgeable and experienced in the substantive content of the book. The subject matter is timely either as a classic topic not recently treated or as a changing area of the law caused by recent case law or legislation. You have the time and inclination to write. Publishing through the RPTE provides an opportunity for authors to gain national recognition.

2. What is the number of books sold by the RPTE for a particular publication?

The answer depends upon the title of the book and the audience for the publication. Generally, 1,000 copies is a good seller. In some cases, major corporations have written and published books through RPTE which they market to their clients.

3. What royalties are paid to authors? How are royalties divided between multiple authors? Does the editor of a multi-authored book receive royalties?

Each contract is negotiated separately. Typically there is a 10% gross profit royalty paid to a single author which can be shared in the case of two authors. A royalty is not paid in the event of multiple authors with a coordinating editor(s) on a single publication but the Section does furnish those authors with a certain quantity of free copies.

For books written by members of the same law firm or corporation (i.e. all contributing authors are from same organization), ABA Publishing can provide customized covers and bulk sale prices.

4. How long should a book be?

Average length of a book is 200-300 pages, but a publication could exceed that and be hundreds of pages. Entirely dependent on the topic and the author’s determination of the depth and breadth it should cover.

5. Should the book contain forms?

Absolutely, if appropriate for the subject matter. Forms help sell books! Our publications are primarily for practitioners who always appreciate forms they can use in their practice.

6. What is the process for having a book published by RPTE?

a. For detailed description, see the attached Exhibits. Exhibit A is entitled “Book Publications Process” and Exhibit B is entitled “The Entity Book Publishing Process – A Quick Guide.”

Page 1

b. In general: Submit a proposal to RPTE Books Committee (see the ABA Publishing Proposal Form attached as Exhibit C) for review and approval. Upon approval, a contract is entered into with ABA Publishing. An editor is assigned to work with the author. Together the editor and the author develop timelines for manuscript delivery and final publication. Once a draft manuscript is submitted, peer review is conducted. Upon completion of peer review, ABA Publishing takes over for final editing, pricing, cover design and publication.

7. What is the length of time from acceptance of proposal to publication?

Manuscripts are typically submitted for publication one year from acceptance of a book proposal and contract signing. Each manuscript is peer reviewed. Once a manuscript is in final form and approved, it is submitted to ABA publishing and is typically produced in about 80 days after that submission.

8. Is the process the same for electronically published books?

Yes. Note that all current titles are presently being produced both in paper and electronic formats.

9. Is there a style sheet available to assist the author in developing an appropriate format for the book?

Not at this time.

10. Can a book have multiple authors?

Yes, but these types of books also require at least one of the authors to serve as the editor for the book.

11. If a book does have multiple authors, how does the Books Committee ensure that there is consistency of format and style before submitting for publication?

This is a challenge for the editor(s) of the book, who must organize the authors and coordinate amongst them to achieve consistency of format and style.

12. Can an author use material in a book that has previously been used for other purposes (i.e. CLE, magazine article)?

Yes! This is often a source for our book authors; however, copyright matters and releases, if needed, will have to be worked out prior to entering into a contract.

13. Is there any revenue sharing with ABA Publishing?

There is no revenue sharing with the ABA. Remuneration is in the form of a royalty.

Page 2

14. Will the editors of the RPTE Books Committee provide the necessary expertise to review a book for substantive content?

Yes.

15. Will the author have any input prior to the book being type set?

Not generally, but see No. 3 above. If an author has a very definite vision for the cover design of the book, RPTE and ABA Publishing will work with the author to achieve a satisfactory result.

16. What is the role of the Editors on the RP Books Committee? On the TE Books Committee?

Editors on both the RP Books Committee and TE Books Committee have a similar focus.

The Acquisition Editors generate book ideas and identify authors to write the manuscripts.

The Book Editors manage the overall peer review process of the manuscripts.

These are distinct efforts on the RP Books Committee and combined on the TE Books Committee. So an RP publication will have both an Acquisition and Book Editor while a TE publication will have one Editor that serves both capacities.

Among the criteria Book Editors focus on during the review process is accuracy and whether the book provides a significant review or analysis of the topic, contains sound scholarship and is of practical interest. A timeline is generated identifying all of the books and authors in the pipeline. The Book Editors work with the editors to see that the manuscripts they are responsible for are reviewed and completed in accordance with the timeline.

Above all, RP and TE Book Editors are seeking to identify manuscripts that are practical, reasonable and straightforward and have a style that is appropriate to the subject/audience.

Page 3

Exhibit A

BOOK PUBLICATIONS PROCESS

BBOOOOKK IIDDEEAA ▼

AUTHOR / EDITOR SELECTED; AUTHOR / EDITOR SUBMITS PUBLICATION PROPOSAL

TO COMMITTEE CHAIR AND EXECUTIVE EDITOR

▼

BOARD REVIEWS PROPOSAL AT NEXT REGULARLY SCHEDULED MEETING

(OR BY TELEPHONE CONFERENCE WHERE NECESSARY)

▼

PROFORMA REQUIRED

▼

BOARD APPROVES, DISAPPROVES, CONDITIONALLY APPROVES OR SEEKS MORE INFORMATION ON PROPOSAL; OUTLINE AND SAMPLE CHAPTER ARE SUBMITTED; IF PROPOSAL IS ACCEPTED, EXECUTIVE EDITOR DRAFTS

CONTRACT AND A COMMITTEE LIAISON FOR BOOK IS SELECTED

▼

ABA EXECUTIVE EDITOR NEGOTIATES AND ISSUES CONTRACT IN CONSULTATION WITH CHAIR

▼

EXECUTIVE EDITOR / COMMITTEE LIAISON WORKS WITH EDITOR TO DEVELOP MANUSCRIPT AND TIMELINE FOR COMPLETION

▼

FIRST DRAFT OF MANUSCRIPT SENT TO CHAIR, EXECUTIVE EDITOR, BOARD LIAISON AND PEER REVIEWER (TYPICAL REVIEW IS 30 DAYS)

▼

AUTHOR / EDITOR REVISES MANUSCRIPT BASED ON REVIEWER'S COMMENTS AND SUGGESTIONS AND SUBMITS FINAL DRAFT

▼

CHAIR, EXECUTIVE EDITOR, BOARD LIAISON REVIEW FINAL DRAFT

▼

IF MANUSCRIPT MEETS COMMITTEE’S STANDARDS, CHAIR “SIGNS OFF” ON FINAL DRAFT

OTHERWISE CHAIR WORKS WITH EXECUTIVE EDITOR WITH BOARD LIAISON TO MAKE NECESSARY CHANGES

▼

MANUSCRIPT GOES INTO PRODUCTION

Exhibit A Page 1

Exhibit B

The Entity Book Publishing Process—A Quick Guide ABA Publishing is dedicated to helping ABA entities achieve their strategic publishing goals by providing professional editorial, marketing, design and production services. This guide is intended as a quick reference to the book publishing process. The goal of this document is to clarify the roles and responsibilities of your Book Board and ABA Publishing. A publishing workflow diagram is included as a reference. Other documents are included to illustrate points throughout the process.

Throughout the book publishing process an ABA Publishing team consisting of an editor and marketer are the primary contacts in supporting the entity

1. Book ideas: Because Book Publishing Board members themselves have expertise and contacts with practitioners in a given area, ideally the Board is the primary driver for developing a pipeline of titles consistent with the entity’s book publishing strategy

a. Generating book ideas – Book ideas can come from virtually any source, but the Board should set down some guidelines for the type of titles that are desired as well as suggestions for specific titles and perhaps authors. ABA Publishing can help the Board structure a coherent title list by mapping areas of topics against possible book audiences to suggest title/series opportunities. Sample maps are included to provide you with some idea of this process. These are illustrative only. Each entity’s map is developed in close consultation with the Board. The goal is to make the best use of the entity’s publishing resources to achieve the best financial and mission results.

b. Gathering book ideas – Each idea is captured in a Book Proposal filled out by the author or other person (such as a Publication Board member). These proposals should be sent to both the Board Chair and the appropriate Executive Editor at ABA Publishing so that proposals can be considered in an orderly and efficient manner. .

2. Proposal Evaluation Process -- To ensure proper consideration of each idea in the context of the entity’s strategy, there should be a two-part evaluation process.

a. Initial evaluation – Each proposal should be evaluated initially for fit with the entity’s publishing strategy, including the existence of similar types of books on other topics (i.e., whether a series can be developed), fit with the needs of the profession and the particular audience (e.g., types of attorney or industry). Ideally this evaluation would be discussed at a meeting of the Publication Board, including representatives from ABA Publishing editorial and marketing functions, after each member has had a chance to review the proposal in

Exhibit B Page 1

advance. If the Board decides not to proceed with a particular title, the Chair should notify the submitter of the Proposal.

b. Preparation of Business Case -- For each proposal approved at the initial evaluation stage, ABA Publishing will prepare a business case for the book. The business case will include:

i. a clear specification of the book's content, ii. a competitive analysis that includes price review and proposal, iii. a distribution plan with projected revenue from each source, iv. a title P/L showing projected revenue, expenses and profit over

the lifetime of the book.

c. Final evaluation -- Based on the initial evaluation and the business case, the Board will formally approve or reject the book proposal.

3. Acquisition Process – Once the Board approves a titles for publication, the following acquisition steps are taken:

a. Board member liaison– The Board assigns a Board member to act as liaison in ensuring that the title publishes per the proposal as to content and timing. Primary responsibilities are:

i. Suggesting authors and making initial author contact if necessary.

ii. Securing peer review of the manuscript.

b. Author acquisition -- ABA Publishing staff can assist with author acquisition and in all cases develops, negotiates and finalizes the book contract with the author(s).

c. Manuscript generation -- ABA editorial staff will be the primary contact with the author(s) during this process and will keep the Board apprised of progress. ABA editors will consult with the Board member liaison as necessary to move this process along.

d. Administrative matters – ABA Publishing handles all administrative matters connected with the title, including:

i. Securing approval of the title from the ABA Standing Committee on Publishing Oversight (SCOPO). All titles must be approved by SCOPO and this approval is typically granted as a matter of course.

ii. Securing International Standard Book Number (ISBN) numbers for each title.

4. Editorial Process – ABA Publishing editorial staff completes final editing of the book and coordinates printing of the book with the ABA Publishing production department. Steps include:

a. Coordinating changes upon peer review

b. Independent manuscript review.

Exhibit B Page 2

c. Overseeing copy editing.

5. Production Process –ABA Printing Administration maintains a list of experienced, approved vendors to take the book from manuscript to printed copies as expeditiously as possible.

a. Copy editing – ABA editorial staff work closely with outside copy editors to ensure

b. Typesetting –ABA editorial staff coordinate review of type-set pages with authors.

c. Printing – ABA Printing Administration coordinates printing with a group of established printers to ensure high quality books in a variety of formats, including soft-cover and hard-cover.

6. Marketing Plan – After receipt of the manuscript is assured, ABA Publishing marketing staff develops a book marketing plan and presents it to the Board. Each plan includes:

a. Description of target audience

b. Description of marketing communications

i. Event marketing ii. Direct marketing (e.g., email, direct mail) iii. Influencer communications,(e..g, reviews, Blogs) iv. Advertising (e.g. in entity publications)

c. Description of sales channels

i. ABA Web Store ii. NBN distribution iii. ABA Package Plan program iv. State and local bar program

d. Associated CLE opportunities

7. Book launch – Book arrives in ABA fulfillment vendor.

a. Execution of marketing plans begins with advance selling activities when publication date is known.

b. ABA Publishing provides regular reporting on book sales.

8. New edition – editorial staff works with authors and Publications Board to determine the timing of updates on the basis of developments in the law or forestalling staleness.

Exhibit B Page 3

Exhibit C

ABA PUBLISHING PROPOSAL FORM SECTION OF REAL PROPERTY, TRUST & ESTATE

PUBLICATIONS DEVELOPMENT BOARD

Thank you for your interest in ABA Publishing. Please complete this proposal form and submit to Jeffrey W. Salyards, Executive Editor, ABA Book Publishing (contact information is below). Along with this proposal, please include a brief outline or table of contents and an introduction or sample chapter, if available. Any additional supporting materials are always helpful as well. All proposals are reviewed quarterly.

****************************************************************************** Proposal submitted by: __________________________________________________________ Address: _____________________________________________________________________ City/State/Zip: _________________________________________________________________ Business Phone: Home Phone: ____________________________ E-Mail: Fax Number: _____________________________ A. INFORMATION REGARDING THE CONTENT OF THE PROPOSED BOOK: 1. Working title: _______________________________________________________________ 2. Briefly describe your proposed book.

________________________________________________________________________ 3. At what level will the subject matter be treated? � Beginner � Intermediate � Advanced

Exhibit C Page 1

4. a.) Do you know of any other publications that cover the same or similar subject matter? Please list them. __________________________________________________________________________

__________________________________________________________________________ __________________________________________________________________________

b.) If there are other publications that cover similar subject matter, how will your proposed

book differ from others on the same subject?

_________________________________________________________________________

5. What is the proposed length of your book in typewritten pages (number of 8 ½ by 11, 12 pt typed, double spaced pages) . (Please keep in mind that 100 pages of typewritten pages translate into 69 pages of typeset pages.)

6. Do you think your proposed publication should be supplemented or revised in the future? � No � Yes If yes, how often will you prepare the supplements? __________________

Do you have the commitment from authors and contributors to produce timely supplements? __________________________________________________________________________

7. Please attach an outline and/or a proposed table of contents. If one is not available, when will

your be able to produce it? ___________________________ Please also send a sample chapter, if available.

B. INFORMATION REGARDING THE AUTHOR(S) 1. Author (check one) � individual author � multi-author � ABA Committee _____________________ 2. Name and address of editor/author(s) if different from “submitted by” on page 1; if a

committee work, please supply name and address of primary contact for the book:

__________________________________________________________________________

__________________________________________________________________________ 3. Please identify any other book(s) and articles you have written and have had published.

Exhibit C Page 2

4. Are you a member of the ABA Section of Real Property, Trust & Estate? � No � Yes If yes, please identify the committee(s) of which you are a member.

__________________________________________________________________________

__________________________________________________________________________

5. Individual authors, please attach your resume(s) or CV(s), including: any awards; media

appearances; key-note speaking; seminars, workshops, or conferences taught, led, or on which you served as a panelist; previous publications (articles, monographs, etc.)

C. COPYRIGHT INFORMATION 1. Has the book you propose here been previously published in any format by any other

publisher? If so, please give details. __________________________________________________________________________ 2. Will it be necessary to obtain any special copyright releases for any material to be reprinted?

� No � Yes If yes, please describe the necessary releases and the holder of the copyright and estimate the likelihood that the holder of the copyright will consent without additional costs to the ABA. __________________________________________________________________________

__________________________________________________________________________

D. INFORMATION REGARDING REVIEWING/EDITING BOOK 1. Proposed Timetable

a. Final outline submitted by: ________________________________________________ b. First draft submitted by: ___________________________________________________ c. Completed manuscript to be submitted by: ____________________________________

Please note, that completed manuscripts typically are submitted one year from acceptance. Every manuscript is peer-reviewed. Once a final, approved manuscript is submitted to ABA Publishing, a book typically is produced in four to six months, depending on the length of the manuscript.

2. In your view, what Real Property, Trust & Estate Law Section committee(s) address(es) the substantive area of your proposed book?

Exhibit C Page 3

3. Will your manuscript require cite checking or blue booking? � No � Yes If yes, what types of references will need to be checked, and how extensive are the citations? E. INFORMATION REGARDING BOOK PRODUCTION /FORMAT 1. What software will you use to prepare the manuscript? (ABA Publishing prefers Microsoft

Word for text files.) __________________________________________________________________________ ABA Publishing books are usually produced in paperback and in 6 x 9 or 7 x 10 format. If your book would differ from this norm (such as three-hole punch or 8 ½ x 11 format), please describe why this format would need to be used. ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Will your book benefit from being published with a CD-ROM containing charts, forms, other appendix-type material? If so, please describe the contents. _________________________________________________________________________

3. Please list any special features that you plan to include in the book, such as illustrations. Will you be able to provide the illustrations or do you need assistance from ABA Publishing on the graphics?

__________________________________________________________________________

F. INFORMATION REGARDING MARKETING 1. What is the target audience for your book (e.g., small, medium, large law firms; practicing

attorneys; non-attorney professionals; corporate counsel; litigators; legal administrators; law schools; etc.)? __________________________________________________________________________

Exhibit C Page 4

2. Please identify any persons who might be appropriate to write a review for the finished book. __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

3. Please identify any persons who might recommend the book and consent to their recommendations being used in marketing brochures (testimonials). __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

4. Please suggest any special marketing strategy or promotional ideas you may have. __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

Exhibit C Page 5

G. MISCELLANEOUS 1. Please include any other comments helpful to support your proposal.

__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

All proposals will be reviewed by the Publications Development Board at its quarterly meetings. Please submit your proposal to:

Jeffrey W. Salyards Executive Editor ABA Book Publishing American Bar Association 321 North Clark Street, 20th FL Chicago, IL 60654-7598 Phone: 312-988-6288 Email [email protected] Fax: 312-988-6030 Cc: Richard M. Frome Chair, Real Property Publications Development Board Email: [email protected] Fax: 212.751.2235

Exhibit C Page 6



582307-4

M E M O R A N D U M TO:

Publications Committee RPTE Council

FROM:

Robert D. Steele

DATE:

May, 2013

RE:

eReport

eReport continues to produce issues every other month with approximately three to five items of news per division, plus a host of regular features such as Technology & Law Practice Management, TE Practice Alerts, general Section News, Group and Committee News, etc. We also promote Section meetings, CLE, eCLE, and books in each issue. In an effort to produce higher quality articles in the Technology & Practice Management section, we are seeking to add a Technical Contributor to provide us with several Tech columns each year. We are also expecting that all editors and assistant editors will be returning for the 2013-2014 bar year, so we will have a consistent publication. We coordinate through monthly conference calls attended by the editors and, Hillary Clark. Some months are definitely slower than others and we are always very happy to have help seeking new sources of material and we welcome prospective contributors. Although we have several regular contributors in each division, we are always looking for new and steady sources of material. The Groups continue to supply material for the Group News and the Committee News in accordance with our scheduling grids, below. Many Groups are cooperative, but occasionally we have had to postpone a Group to a later issue due to lack of response. Hillary Clark is persistent in following up with the Groups and all have contributed. Content for the substantive sections continues to come from numerous sources, including CLE presentations and several active section members. The articles editors work with the Group chairs and vice chairs in developing new content. Content for the news sections (Section News, Group News, etc.) is provided by Hillary. In short, eReport continues to progress and mature as a result of the hard work and coordinated efforts of the editors, Section leadership, Section staff, and the Group chairs and vice chairs, and of course our contributors. Thank you, all.

2

eReport RP Group/Committee News

Issue RP Group(s) Identify who Will Report and on

What Topic

Submit Copy

February Commercial Real Estate Transactions

Second week of January

Third week of January

April Practice Management

Residential, Multi-family & Special Use

Second week of March

Third week of March

June Land Use and Environmental

Legal Education & Uniform Laws

Second week of May

Third week of May

August Leasing Second week of July

Third week of July

October Hospitality, Community Recreation & Common Interest Developments

Special Investors and Investment Structures

Second week of September

Third week of September

December Real Estate Financing

Second week of November

Third week of November

3

eReport TE Group/Committee News

Issue TE Group(s) Identify who Will Report and on

What Topic

Submit Copy

February Income and Transfer Tax

Second week of January


April Charitable Planning

Elder Law

Second week of March

Third week of March

June Business Planning Second week of May

Third week of May

August Employee Benefits Second week of July

Third week of July

October Litigation, Ethics Second week of September


December Non-Tax Second week of November


4

eReport TE Group/Practice Alerts

Issue TE Group(s) Identify who Will Report and on

What Topic

Submit Copy

February Employee Benefits Second week of January


April Litigation, Ethics Second week of March

Third week of March

June Non-Tax Second week of May

Third week of May

August Income and Transfer Tax

Second week of July

Third week of July

October Charitable Planning

Elder Law

Second week of September


December Business Planning Second week of November


To: Publications Committee, Real Property Division and Trusts & Estates Division

Re: Status of the Real Property Trust & Estate Law Journal

From: Al Arpad, Editor

Date: April 10, 2013

Student Editorial Board. The Journal may have a “first” this year, with the top three editors all being women. Also a first, both the Editor In Chief and Associate are African American. Donna Tillis is the new Editor In Chief – a Summa Cum Laude (perfect 4.0) graduate of Columbia College. Not surprisingly, she earned the highest grade in the first year Legal Research & Writing class. Donna will be clerking this summer with the state’s premier real property firm, Rogers, Townsend & Thomas. The Associate Editor is Cashida Okeke, a Duke graduate where she authored a number of papers. Cashida clerked last year, and will continue this year, at Nexsen, Pruet, LLC, one of the state’s top firms. Mary Holahan, a Summa Cum Laude from Clemson, will serve as the Staff Development Editor. On probably an experimental basis, the composition of the student editorial board will be a little different this year. We have combined the Article editor and Senior Article editor positions into an Executive Editor position, and have also combined the Research and Production editor positions into a single position. We have then increased the number of Executive Editors and Research/Production editors to five each. The new student editorial board is already at work, initially “shadowing” their counterparts on the outgoing board, and preparing for work on the Fall Issue. It continues to be important to note that the students do not “take the summer off” from editing responsibilities, but continue their Journal work throughout the summer. Professional Editor Transition. Jim Burkhard and I are in the process of transitioning editorial responsibilities. Jim has sent the Winter issue to the printer, and production is underway on my first issue for Spring. Because I am not located in Columbia, we have reinstated the position of Resident Editor to supervise operations on campus. This is a position that previously existed when the Editor was not located on campus. Professor Amy Milligan, a former student editor, will be the new Resident Editor.

Property Editor Needed. The Journal needs another Assistant Editor on the Property side. An Assistant Editor reviews each article after the students have completed Blue Booking and other editorial duties. The Assistant Editor serves as an additional level of professional review, and helps ensure the students have not inadvertently made an improper substantive change. The

editor may also suggest improvements as to wording, and typically on a more limited basis, to content. Although the position is an important step in the production of the article, it is not terribly demanding or time consuming. The typical editor will review between four and five articles a year. This is an ideal position for a young lawyer wanting to be involved in Section activities, or for a more senior attorney who may have some spare time and who wants to stay involved.

Pipeline and Publication Schedule. Article submissions have picked up somewhat since the last report, and we have a full slate for the Spring issue. The Fall issue is still in need of several articles, but we have another month or so before that situation becomes critical. We have noticed an increase in the number of articles submitted to the Journal by academic authors recently. These authors tend to submit their work to numerous journals and then choose the most prestigious offer. This has resulted in our Acquisition Editors spending time reviewing articles only to have the author decide to publish them somewhere else, but it is probably a good thing to the extent it reflects increased awareness of the Journal in the academic world. Upcoming Articles. The following articles are scheduled to appear in the Spring Issues: Mark A. Senn Shakespeare And The Land Law - In His Life And In

His Works

James P. Spica Spilt To Last: Longevity Planning For Tax Advantaged Trusts Under A New Statutory Decanting Regime In Michigan

Thomas E. Rutledge & Christopher E. Schaefer

The Trust As An Entity And Diversity Jurisdiction: Is Navarro Applicable To The Modern Business Trust?

Mike W. Bartolacci, Tyler Short, & Bruce Talen

The Attorney Client Privilege And The Fiduciary Exception: Why Frank Discussions Between Fiduciaries And Their Attorneys Should Be Protected By The Privilege

8030573

Section of Real Property Trust and Estate LawSection of Real Property Trust and Estate LawSection of Real Property Trust and Estate LawSection of Real Property Trust and Estate LawCreated: Apr 01, 2013 3:04 AM CDT

Key MetricsKey MetricsKey MetricsKey MetricsSection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

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File DownloadsFile DownloadsFile DownloadsFile DownloadsSection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

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10. http://apps.americanbar.org/rppt/meetings_cle/calendar.html 306 2.0%TotalTotalTotalTotal 15,14615,14615,14615,146



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Search KeywordsSearch KeywordsSearch KeywordsSearch KeywordsSection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

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Internal SearchesInternal SearchesInternal SearchesInternal SearchesSection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

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BrowsersBrowsersBrowsersBrowsersSection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

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Mobile TechnologyMobile TechnologyMobile TechnologyMobile TechnologySection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

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10. http://www.actec.org/public/Links/default.asp?category_id=1121 4 1.2%TotalTotalTotalTotal 337337337337



Bounce RateBounce RateBounce RateBounce RateSection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

PagePagePagePage BouncesBouncesBouncesBounces Bounce RateBounce RateBounce RateBounce Rate1. http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/guidelines_for_individual_executors_trustees.html 1,950 18.9% 89.7%2. http://www.americanbar.org/groups/real_property_trust_estate.html 654 6.3% 41.4%3. http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney.html 520 5.0% 87.4%4. http://www.americanbar.org/publications/probate_property_magazine_home.html 449 4.4% 50.6%5. http://www.americanbar.org/publications/probate_property_magazine_home/probate_2.../rppt_mo_premium_rp_publications_magazine_2009_mj_Coppedge_TransferstoTrust.html333 3.2% 91.2%6. http://www.americanbar.org/publications/probate_property_magazine_home/probate_20..._index/rppt_mo_premium_rp_publications_magazine_2010_ma_TaxEffectsofDebtCxl.html302 2.9% 92.6%7. http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/an_introduction_to_wills.html 209 2.0% 84.3%8. http://apps.americanbar.org/rppt/meetings_cle/calendar.html 205 2.0% 67.0%9. http://www.americanbar.org/calendar/2013/05/rpte_24th_annualspringsymposia/general.html 181 1.8% 46.4%

10. http://www.americanbar.org/calendar/2013/01/rpte_paralegal/general.html 172 1.7% 80.8%TotalTotalTotalTotal 10,31610,31610,31610,316 68.1%68.1%68.1%68.1%

Committee Page ViewsCommittee Page ViewsCommittee Page ViewsCommittee Page ViewsSection of Real Property Trust and Estate Law - March 2012 (1 Mar 2013 - 31 Mar 2013)

Full URL in WindowFull URL in WindowFull URL in WindowFull URL in Window Page ViewsPage ViewsPage ViewsPage Views1. http://apps.americanbar.org/dch/committee.cfm?com=RP213000 128 4.6%2. http://apps.americanbar.org/dch/committee.cfm?com=RP579000 121 4.3%3. http://apps.americanbar.org/dch/committee.cfm?com=RP519000&edit=0 84 3.0%4. http://apps.americanbar.org/dch/committee.cfm?com=RP259000 81 2.9%5. http://apps.americanbar.org/dch/committee.cfm?com=RP582000 80 2.8%6. http://apps.americanbar.org/dch/committee.cfm?com=RP543000 78 2.8%7. http://apps.americanbar.org/dch/committee.cfm?com=RP572000 76 2.7%8. http://apps.americanbar.org/dch/committee.cfm?com=RP190000 74 2.6%9. http://apps.americanbar.org/dch/committee.cfm?com=RP539000 66 2.3%

10. https://apps.americanbar.org/dch/committee.cfm?com=RP529000 66 2.3%TotalTotalTotalTotal 2,8122,8122,8122,812 9.2%9.2%9.2%9.2%


American Bar AssociationAmerican Bar AssociationAmerican Bar AssociationAmerican Bar AssociationCreated: Apr 01, 2013 3:26 AM CDT

Key MetricsKey MetricsKey MetricsKey MetricsAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Date (week beginning)Date (week beginning)Date (week beginning)Date (week beginning) Unique VisitorsUnique VisitorsUnique VisitorsUnique Visitors VisitsVisitsVisitsVisits Page ViewsPage ViewsPage ViewsPage ViewsFeb 23, 2013 25,694 28,575 88,402Mar 2, 2013 172,443 214,142 698,286Mar 9, 2013 161,121 199,145 651,472Mar 16, 2013 172,085 215,325 685,518Mar 23, 2013 155,670 193,232 601,973Mar 30, 2013 22,579 26,382 78,730TotalTotalTotalTotal 631,625631,625631,625631,625 876,713876,713876,713876,713 2,804,3812,804,3812,804,3812,804,381

Rolling Page ViewsRolling Page ViewsRolling Page ViewsRolling Page ViewsAmerican Bar Association - Sun. 1 Apr. 2012 - Sun. 31 Mar. 2013



Logged In StatusLogged In StatusLogged In StatusLogged In StatusAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Logged In StatusLogged In StatusLogged In StatusLogged In Status Page ViewsPage ViewsPage ViewsPage Views1. Not Logged In 2,340,414 83.9%2. Logged In 449,892 16.1%3. not logged in 10 0.0%

TotalTotalTotalTotal 2,790,3162,790,3162,790,3162,790,316

Time Spent per VisitTime Spent per VisitTime Spent per VisitTime Spent per VisitAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Time Prior to EventTime Prior to EventTime Prior to EventTime Prior to Event InstancesInstancesInstancesInstances1. less than 1 minute 615,821 70.2%2. 1-5 minutes 127,431 14.5%3. 10-30 minutes 64,239 7.3%4. 5-10 minutes 49,580 5.7%5. 30-60 minutes 15,902 1.8%6. 1-2 hours 3,394 0.4%7. 2-5 hours 339 0.0%8. 5-10 hours 7 0.0%


Return FrequencyReturn FrequencyReturn FrequencyReturn FrequencyAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Return FrequencyReturn FrequencyReturn FrequencyReturn Frequency VisitsVisitsVisitsVisits1. less than 1 day 130,869 35.5%2. longer than 1 month 66,711 18.1%3. 3 to 7 days 45,186 12.2%4. 1 to 3 days 44,592 12.1%5. 14 days to 1 month 42,621 11.6%6. 7 to 14 days 38,934 10.6%




Top PagesTop PagesTop PagesTop PagesAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

PagePagePagePage Page ViewsPage ViewsPage ViewsPage Views1. http://www.americanbar.org/aba.html 138,833 5.0%2. http://search.americanbar.org/search 107,245 3.8%3. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html 106,026 3.8%4. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_profession 57,105 2.0%5. https://apps.americanbar.org/abanet/common/login/login_cq5.cfm?returnUrl=http%3A%2F%2Fwww.americanba 28,713 1.0%6. https://apps.americanbar.org/abanet/common/MyABA/home.cfm 28,033 1.0%7. http://apps.americanbar.org/abanet/oc 27,922 1.0%8. http://apps.americanbar.org/aba_timssnet/login/tnt_login.cfm 22,181 0.8%9. https://apps.americanbar.org/aba_timssnet/meetings/tnt_meetings.cfm 18,528 0.7%

10. http://www.americanbar.org/publications/preview_home/alphabetical.html 18,155 0.6%11. http://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools.html 16,250 0.6%12. http://apps.americanbar.org/aba_timssnet/meetings/tnt_meetings.cfm?redirectlocation=http%3A%2F%2Fwww 16,048 0.6%13. https://apps.americanbar.org/aba_timssnet/common/tnt_checkout.cfm 15,825 0.6%14. http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm 15,069 0.5%15. https://apps.americanbar.org/aba_timssnet/common/tnt_confirm_order.cfm?showlinks=no 14,854 0.5%16. http://www.americanbar.org/calendar/2013/03/ethical_and_effectivenegotiation.html 14,707 0.5%17. https://apps.americanbar.org/aba_timssnet/payment/tnt_payment.cfm 14,239 0.5%18. http://www.americanbar.org/groups/domestic_violence/resources/statistics.html 13,118 0.5%19. http://www.americanbar.org/calendar/2013/03/ethical_and_effectivenegotiation/attendee.html 13,010 0.5%20. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients.html 13,006 0.5%21. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information.html 12,535 0.4%22. https://meetings.abanet.org/meeting/tax/MAY13/register.cfm 12,417 0.4%23. http://apps.americanbar.org/legalservices/paralegals/directory 12,132 0.4%24. http://www.americanbar.org/membership/join_and_renew.html 11,951 0.4%25. https://apps.americanbar.org/aba_timssnet/login/tnt_login.cfm 10,779 0.4%26. http://www.americanbar.org/utility/about_the_aba.html 10,544 0.4%27. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct.html 10,485 0.4%




Top Entry PagesTop Entry PagesTop Entry PagesTop Entry PagesAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Entry PagesEntry PagesEntry PagesEntry Pages VisitsVisitsVisitsVisits1. http://www.americanbar.org/aba.html 91,368 10.5%2. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html 37,682 4.3%3. http://www.americanbar.org/publications/preview_home/alphabetical.html 12,788 1.5%4. http://www.americanbar.org/groups/domestic_violence/resources/statistics.html 11,169 1.3%5. http://www.americanbar.org/calendar/2013/03/ethical_and_effectivenegotiation.html 8,433 1.0%6. http://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools.html 7,528 0.9%7. http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm 7,362 0.8%8. http://www.americanbar.org/calendar/2013/03/ethical_and_effectivenegotiation/attendee.html 7,288 0.8%9. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_profession 6,967 0.8%

10. http://apps.americanbar.org/legalservices/paralegals/directory 4,964 0.6%11. http://apps.americanbar.org/legalservices/probono/directory.html 4,360 0.5%12. http://www.americanbar.org/groups/public_education/initiatives_awards/law_day_2013.html 4,216 0.5%13. http://www.americanbar.org/calendar/2013/04/antitrust_law_2013springmeeting.html 4,080 0.5%14. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information.html 3,648 0.4%15. http://search.americanbar.org/search 3,467 0.4%16. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients.html 3,263 0.4%17. http://apps.americanbar.org/members/notables-join.html 2,779 0.3%18. http://www.americanbar.org/groups/law_students/events_competitions/practical_skills_competitions/naa 2,668 0.3%19. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct.html 2,547 0.3%20. http://www.americanbar.org/groups/legal_education/resources/pre_law.html 2,542 0.3%21. http://www.americanbar.org/calendar/2013/03/white_collar_crime2013.html 2,464 0.3%22. http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fy 2,463 0.3%23. http://www.americanbar.org/publications/student_lawyer/2012-13/march/student_loan_timeline.html 2,463 0.3%24. http://www.americanbar.org/groups/cle.html 2,398 0.3%25. http://www.americanbar.org/groups/legal_education.html 2,378 0.3%26. http://www.americanbar.org/publications_cle/books/excerpts/Stronger-More-Persuasive-Writing.html 2,303 0.3%27. http://www.americanbar.org/membership/aba_advantage_discounts/ups.html 2,295 0.3%




Top Referring DomainsTop Referring DomainsTop Referring DomainsTop Referring DomainsAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Referring DomainsReferring DomainsReferring DomainsReferring Domains VisitsVisitsVisitsVisits1. Typed/Bookmarked 328,061 37.4%2. google.com 324,985 37.1%3. bing.com 19,926 2.3%4. yahoo.com 17,247 2.0%5. supremecourt.gov 10,115 1.2%6. ic3.com 5,789 0.7%7. google.ca 5,412 0.6%8. indeed.com 4,910 0.6%9. google.co.uk 4,739 0.5%

10. google.co.in 3,794 0.4%TotalTotalTotalTotal 876,713876,713876,713876,713

Search KeywordsSearch KeywordsSearch KeywordsSearch KeywordsAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Search Keywords - AllSearch Keywords - AllSearch Keywords - AllSearch Keywords - All SearchesSearchesSearchesSearches1. Keyword Unavailable 255,749 48.9%2. american bar association 15,754 3.0%3. aba 8,501 1.6%4. aba model rules 3,140 0.6%5. model rules of professional conduct 3,095 0.6%6. aba model rules of professional conduct 1,502 0.3%7. aba rules of professional conduct 960 0.2%8. bar association 829 0.2%9. americanbar.org 669 0.1%

10. american bar 617 0.1%TotalTotalTotalTotal 523,501523,501523,501523,501

Internal SearchesInternal SearchesInternal SearchesInternal SearchesAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Internal Search KeywordInternal Search KeywordInternal Search KeywordInternal Search Keyword InstancesInstancesInstancesInstances1. guide to+wills+and+estates 807 0.9%2. paralegal 664 0.7%3. Search 555 0.6%4. scholarships 428 0.5%5. scholarship 349 0.4%6. model rules 311 0.3%7. Guide to+Wills+and+Estates 264 0.3%8. internship 255 0.3%9. Guide to+wills+and+estates 191 0.2%

10. domestic violence 163 0.2%TotalTotalTotalTotal 90,32990,32990,32990,329

Server Page ViewsServer Page ViewsServer Page ViewsServer Page ViewsAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

ServerServerServerServer Page ViewsPage ViewsPage ViewsPage Views1. CQ5 1,820,311 65.2%2. TeamSite 784,128 28.1%3. OTHER 158,026 5.7%4. External 27,548 1.0%5. cq5 6 0.0%6. teamsite 4 0.0%7. SharePoint 1 0.0%




BrowsersBrowsersBrowsersBrowsersAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

BrowsersBrowsersBrowsersBrowsers VisitsVisitsVisitsVisits1. Google Chrome 25.0 179,991 20.5%2. Microsoft Internet Explorer 9 162,646 18.6%3. Microsoft Internet Explorer 8 136,778 15.6%4. None 110,989 12.7%5. Mozilla Firefox 19.0 93,646 10.7%6. Safari 6.0.2 40,117 4.6%7. Safari 5.1.7 22,437 2.6%8. Microsoft Internet Explorer 10 18,026 2.1%9. Microsoft Internet Explorer 7.0 14,118 1.6%

10. Safari 6.0.3 8,237 0.9%TotalTotalTotalTotal 876,713876,713876,713876,713

Mobile TechnologyMobile TechnologyMobile TechnologyMobile TechnologyAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

DeviceDeviceDeviceDevice VisitsVisitsVisitsVisits1. unspecified 768,474 87.7%2. Apple iPhone 42,603 4.9%3. Apple iPad 37,252 4.2%4. unspecified 1,259 0.1%5. Samsung SCH-I535 1,107 0.1%6. unspecified 868 0.1%7. Apple iPod Touch 848 0.1%8. unspecified 688 0.1%9. Amazon Kindle Fire 671 0.1%

10. Samsung SPH-D710 625 0.1%TotalTotalTotalTotal 876,713876,713876,713876,713

404 Page Previous Page404 Page Previous Page404 Page Previous Page404 Page Previous PageAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

Previous Page URLPrevious Page URLPrevious Page URLPrevious Page URL InstancesInstancesInstancesInstances1. unspecified 12,396 42.2%2. https://www.google.com/ 1,336 4.5%3. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_profession 706 2.4%4. http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fy 254 0.9%5. http://www.americanbar.org/groups/business_law/events_cle/spring_2013.html 241 0.8%6. http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_court 230 0.8%7. http://www.americanbar.org/groups/intellectual_property_law/events_cle/aba_spring_ipl_2013.html 189 0.6%8. http://www.americanbar.org/advocacy.html 151 0.5%9. http://www.americanbar.org/groups/public_education/initiatives_awards/law_day_2013.html 134 0.5%

10. http://apps.americanbar.org/lpm/lpt/articles/mgt08044.html 129 0.4%TotalTotalTotalTotal 29,37829,37829,37829,378



Bounce RateBounce RateBounce RateBounce RateAmerican Bar Association - March 2012 (1 Mar 2013 - 31 Mar 2013)

PagePagePagePage BouncesBouncesBouncesBounces Bounce RateBounce RateBounce RateBounce Rate1. http://www.americanbar.org/aba.html 38,452 7.9% 42.1%2. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html12,862 2.6% 34.1%3. http://www.americanbar.org/groups/domestic_violence/resources/statistics.html 9,664 2.0% 86.5%4. http://www.americanbar.org/calendar/2013/03/ethical_and_effectivenegotiation/attendee.html 4,262 0.9% 58.5%5. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_profession 4,076 0.8% 58.5%6. http://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools.html 3,152 0.6% 41.9%7. http://apps.americanbar.org/legalservices/probono/directory.html 2,796 0.6% 64.1%8. http://www.americanbar.org/publications/preview_home/alphabetical.html 2,534 0.5% 19.8%9. http://www.americanbar.org/publications/student_lawyer/2012-13/march/student_loan_timeline.html 2,264 0.5% 91.9%

10. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information.html 2,228 0.5% 61.1%11. http://www.americanbar.org/groups/public_education/initiatives_awards/law_day_2013.html 2,227 0.5% 52.8%12. http://www.americanbar.org/groups/legal_education/resources/pre_law.html 2,082 0.4% 81.9%13. http://www.americanbar.org/calendar/2013/03/ethical_and_effectivenegotiation.html 1,982 0.4% 23.5%14. http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/guidelines_for_individual_executors_trustees.html 1,934 0.4% 89.2%15. http://www.americanbar.org/publications_cle/books/excerpts/Stronger-More-Persuasive-Writing.html 1,859 0.4% 80.7%16. http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners.html 1,719 0.4% 87.7%17. http://apps.americanbar.org/legalservices/paralegals/directory/ca.html 1,677 0.3% 75.3%18. http://apps.americanbar.org/members/notables-join.html 1,626 0.3% 58.5%19. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope.html1,548 0.3% 77.0%20. http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients.html 1,542 0.3% 47.3%21. http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm 1,510 0.3% 20.5%22. http://www.americanbar.org/calendar/2013/04/antitrust_law_2013springmeeting.html 1,419 0.3% 34.8%23. http://www.americanbar.org/404.html 1,403 0.3% 73.9%24. http://www.americanbar.org/groups/professional_responsibility/services/ethicsearch/materials_on_client_file_retention.html 1,374 0.3% 80.5%25. http://www.americanbar.org/groups/litigation/resources/uniform_task_based_management_system/litigation_code_set.html 1,352 0.3% 69.0%26. http://www.americanbar.org/groups/cle.html 1,343 0.3% 56.0%27. http://www.americanbar.org/utility/about_the_aba/contact.html 1,289 0.3% 64.9%

TotalTotalTotalTotal 485,476485,476485,476485,476 55.6%55.6%55.6%55.6%


1

ABA RPTE Membership Committee Report

2013 Spring Meeting

The standing committee on membership focuses on promoting the growth and inclusiveness of the Section. This committee holds bi-monthly teleconferences to discuss policies and programs designed to increase membership and retention of members, and makes recommendations to the Council based upon the same. An updated Standing Committee Operating Plan for the membership committee (herein, the “Operating Plan”) was submitted to Council as part of the materials for the 2012 Fall Leadership Meeting, and we continue to consult and evaluate that Operating Plan as an organic document that helps to guide and focus our efforts.

I. OUTREACH FOR YOUNG LAWYERS AND LAW STUDENTS

Many of the committee’s programs are long-term, continuing efforts, and we have recently focused specifically on how we can take even better advantage of these existing programs (rather than instituting entirely new programs) to further our goals. Outreach to law students and young lawyers or new bar admittees is a prime example, and our initiatives and programs in this regard are as follows:

A. Fellows Program

The form of Application for the Fellows Program has been updated, and the deadline for applications for the next Fellows class is June 14, 2013.

This year’s new Fellows class participated in an Orientation Call as well as a “Fellows Breakfast” at the Fall Leadership Meeting to get acquainted and also to orient new Fellows to the schedule and what meetings they should be attending and how they can best actively participate. Both were well attended.

The committee has asked the Fellows to create postings to the Section’s social media sites where appropriate, and second year Fellows continue to be “highlighted” in the e-Report. Fellows have also been asked to volunteer to write profiles for Profiles in Membership.

B. Young Lawyers Network

The YLN is now hosting conference calls which focus on practice related issues and opportunities in the Section, and the YLN continues to publish its Young Lawyers page in Probate & Property. The committee has asked the YLN to continue to consider how the Section’s social media can best be integrated into the efforts of the Committee.

The YLN is also working with the Young Lawyers Division of the ABA (“YLD”) regarding opportunities for synergy in their efforts among Section and non-Section members. One of these efforts is the ABA program called “Section Connect.” A questionnaire for this program was circulated among the sections, and the YLN put together a response on behalf of RPTE. The YLD meeting will be held from May 16 -18 in Minneapolis, and does include some CLE programming specific to the Section’s substantive focus.

2

The membership committee has suggested to the YLN and to the YLD liaisons that the eCLE subcommittee of the CLE Committee would be a good resource for ideas (and possibly joint sponsorship) of educational programming, including YLN and YLD calls.

The YLN is coordinating with the Tax Section to put on a program at this year’s Joint Fall Meeting in San Francisco. YLN also worked with the Young Lawyers Forum and Diversity Committee of the Tax Section to host a Networking Reception at the prior Joint Fall Meeting in Boston. The YLN also co-hosted the First Time Attendees Dinner in Boston. The events were well attended.

We continue to explore possibilities for YLN programming and functions and for coordination with YLD programs and activities where appropriate. The RPTE Committee of the YLD is active this year and is planning to sponsor at least two programs and three 100/200 series articles in our substantive areas. We also continue to explore possibilities for effective involvement in the Section Connect Program, if and when appropriate.

C. Law School Writing Contest.

The law school writing contest continues to be administered by Section staff, but the membership committee is now taking a more active role in follow up. Since submission in and of itself suggests a strong interest in the Section (or in our areas of law), members of the committee plan to make personal contact with those students who submitted but did not win.

D. Efforts Related to the Spring Meeting

Although the membership committee does not necessarily sponsor or organize these efforts, we thought it might be helpful to report on various marketing efforts related to the Spring Meeting that we believe further our mission and in which our committee members are encouraged to take an active role:

- the “Get Involved” Task force has organized a booth during the Symposia to help share information about the benefits of membership and advise attendees on how to take a more active role, and various members of the Committee have signed up to “man” the booth

- Tina Portuando sent a wonderful letter to 72 DC area law professors, seeking to encourage them to share information about the Section and the Symposia with students at their universities

- staff sent emails advertising the Spring Symposia to all ABA member law students in February

- staff submitted materials related to the Spring Symposia to the Law Student Division Newsletter

- a “First Time Attendee Reception” is being held on Wednesday evening

- although past efforts at a “Guide” program at the meeting itself have not met with great success, we understand that staff can identify for the committee which registrants are law students and/or first time attendees, and members of the committee are seeking ways in which to make those attendees, in particular, feel welcome

3

- members of the committee are being asked to post/tweet or otherwise share their attendance at the Symposia through social media

E. Law School Visits

Membership committee members and Section leaders have long been individually promoting RPTE to their law schools, through professors or through visits to selected classes and/or student groups focused on RPTE areas of law. Beginning in 2012, we are organizing these types of efforts as part of our “Grass Roots Law School Outreach” project. Volunteers from the Section who are willing to visit a law school in their region now have resources readily available to them and will be reimbursed up to $100 (for pizza, etc.) for these visits. The “tool kit” discussed at the Fall Leadership Meeting is available upon request to staff (Hillary Clark is the primary contact), and includes the glossy law student brochures; the reimbursement request form; information from the law student website (which has been updated and includes targeted benefits of membership and current calendar items and the like); any Section “swag” then available (such as stress balls); current copies of Probate & Property; if requested, contact information for other Section members who have recently undertaken a law school visit; information on how to view and share “Profiles in Membership” if the volunteer desires to share the success stories of other members; and information on the Section’s social media.

We hope to expand the “tool kit” to include (a) examples of how the Section benefits the legal profession, with short summaries on efforts like the “Gatekeeper Initiative,” (b) talking points or short summaries of alternatives and opportunities in our substantive areas of practice, and hopefully testimonials or other materials focused on how RPTE can assist with career opportunities; and (c) feedback from prior volunteers who have made these visits as to what works best for them. The subcommittee on law student outreach will continue to explore these and other possibilities and we hope that the available resources will continue to evolve as the outreach continues.

The subcommittee is also in the early stages of discussion as to how and whether the portals materials might be either adapted to or made more readily accessible for law students and young lawyers. Once a volunteer and/or target law school is identified, if there is not already a personal relationship between the volunteer and someone at the school, or if the volunteer otherwise needs some assistance, staff and the membership committee are also available to help them connect with any or all of the following: professors in our substantive areas; student groups in our substantive areas; the ABA law student liason (of which we understand there is one at each accredited law school); the office of student life; and the career services office. We are also considering a mailing targeted at some or all of these groups to outline the benefits of membership and to ask for feedback on how we can best coordinate a meet & greet at the recipient’s school, but we also want to be sensitive to concerns about oversaturation from the ABA and the Section. If such mailings are undertaken, February and October have been suggested as the best times to do so each year.

Volunteers for this program are (at least initially) being drawn largely from the ranks of the membership committee, fellows, professor section members, and perhaps also the diversity committee. We will also continue to use live meetings as an opportunity to seek volunteers from leadership. Ultimately, we may ask the Substantive Committees to seek volunteers through their

4

members as well. Staff is keeping track of these visits, and since the fall leadership meeting when this outreach program was introduced, four different volunteers have taken advantage of the “tool kit” and made law school visits, and others are working on scheduling visits. If staff knows in advance of such a visit, they will post, calendar, tweet, etc. announcements about the meet and greets on the Section’s social media and on the law student web page.

F. Other Efforts

The law student webpage has been updated and includes a lot of great information. Section staff also sends law student brochures to students who are ABA members and have indicated an RPTE focused area of concentration but who are not yet members of the Section (the mailing averages 20 per month). In addition, every month new law student Section members receive a printed welcome letter highlighting the benefits of membership, a “Join a Group or Committee” sign-up sheet, information on Section publications, and information on upcoming CLEs.

We have been advised that the Association of American Law Schools (AALS) will allow the Section to use the AALS listserve two times per year to communicate a message regarding the Section to the listserve members. The committee plans to work with Section staff and perhaps with the Communications Committee to identify the two functions or events to which these messages should be tied and to create the substance of the message.

For all live meetings, either on its own initiative or in conjunction with the “host committee” for each such meeting, the membership committee will research schools in the geographic region of the meeting to determine whether there are student groups focused on RP/TE and, if so, to reach out to those students. Networking receptions and targeted programming have been suggested as possibilities in conjunction with these efforts.

II. NEWLY IDENTIFIED TARGETS FOR FOCUS

A. Associate Membership

As part of the Planning Committee’s initiative to try to increase “Associate Memberships,” last year the membership committee identified six professions/trade organizations that we believe would be good categories for outreach/synergistic planning:

TE: financial planners (FPA) accountants (AICPA) valuators/analysts (NACVA)

RP: title professionals (ALTA) realtors/brokers (NAR and others) appraisers (AI)

Staff has advised that leadership has elected to pursue AICPA, Financial Planners, and ALTA as the initial target group. We understand that staff is compiling a list each month of new ABA Associate members who have identified RP/TE as an area of concentration but have not (yet) joined the Section. Staff is then sending these individuals information about the Section. As these efforts are benchmarked, the membership committee anticipates receiving additional guidance/insight into the goals and expectations of the Section with regard to Associate Membership, at which point we will be better able to determine the appropriate membership committee initiatives to help pursue these goals.

5

B. Solo/Small Firm Practitioners

We are exploring ways to better reach solo practitioners and small firm practitioners, and anticipate that we will need to confer with the Communications Committee and the CLE Committee in this regard before any specific initiatives targeted at this audience are created/implemented by the Membership Committee.

III. PROFILES IN MEMBERSHIP

Active participants in the Section know the benefits of RPTE involvement, however, a very small percentage of members participate in meetings, programs, and initiatives. In an effort to encourage greater active participation, the membership committee features two members of the Section leadership in each edition of Probate and Property magazine. The Profiles in Membership project is now fully staffed with writers, but we always need suggestions for active Section members that have not been profiled yet.

IV. COORDINATION WITH OTHER COMMITTEES

We anticipate needing to coordinate (or continue to coordinate) closely with both the Communications Committee and with the CLE Committee. Social media and marketing efforts to young lawyers in particular will be a focus for our liason to the Communications Committee, and we plan to talk to the CLE Committee about each of the following: any anticipated fundamentals or young/new lawyer directed programming; the possibility of using Fellows as speakers for CLE programming where appropriate; “professional paths” or soft skills programming (not accredited); and perhaps on a longer term basis exploring possibilities for more visuals in e-cle type programming and/or pre-recorded downloadable video segments.

V. SOC MEMBERSHIP INITIATIVES

There are three items of particular interest from the SOC Membership Committee.

First, law students maintain an average of seven to eight ABA sections (which are free or nearly free). Their first bill as a new bar admittee is so shocking more than seventy percent (70%) cancel their ABA Membership entirely. The ABA has updated the first dues invoice sent to new bar admittees in an attempt to address this (see PDF in Membership Mtg materials). The invoice includes what the member would owe if they kept all the sections and they are invited to adjust their section memberships to something more affordable.

Second, there is a new, free ABA/paid section dues pilot (see PDF in Membership Mtg materials). The notion is that recruiting a new member to a particular section is difficult due to the ABA base fees. The thought is to waive the ABA membership fee for a period of time if the individual enrolls in an entity and pays the entity dues right away. The pilot is conceived of as a telemarketing campaign. In cooperation with interested sections, the ABA Staff would develop a script. The section would need to identify potential candidates particularly en masse through outside groups.

There is significant uncertainty about whether this is much benefit to sections, due in part to the cost sharing for the program. The costs for the program weren’t discussed in detail but it was

6

mentioned that cost sharing arrangement would be detailed with interested sections. The ABA staff was quick to say that this particular proposal has some new elements including the length of the free membership for the ABA, that distinguish it from their typical telemarketing campaigns. It can only be determined whether or not this is of value to a particular section once we know the section’s portion of the cost of the telemarketing as well as cost of servicing the member over the free period.

Again, this is an ABA dues pilot. This is not a program conducted by each section alone. With that said, the ABA staff were adamant about the importance of section participation. If RPTE is interested in participating we should let them know as soon as possible. The RPTE Membership Committee will be discussing this at the Spring Symposia and will share the concensus at the Section Council Meeting.

Third, there is a notable member campaign which makes use of a micro-site (http://www.abaleaders.org/?sc_cid=13MBC010Bc&sc=RMM12INWA), much like the Member Get-A-Member Campaign last year. The website and flyer in the Membership materials describe the program in detail.

Additionally, although not an SOC initiative, there is a diversity and membership program being advanced by the Environmental Section that will be discussed at the RPTE Joint Membership-Diversity Meeting at the Spring Symposia. Details can be found at: http://www.abaleaders.org/?sc_cid=13MBC010Bc&sc=RMM12INWA

ABA Section of Real Property, Trust and Estate LawMembership Detail


Membership Detail

Fiscal Year Fiscal Year

02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13

Lawyers Associates

Beginning Balance 27,572 28,016 26,847 26,407 26,885 26,539 26,932 25,730 23,507 22,404 21,593 Beginning 305 309 302 304 311 319 334 299 293 290 328

Adds 3,331 3,195 3,560 3,883 3,468 4,115 3,322 3,079 2,957 3,185 1,688 Adds 66 100 86 80 89 105 67 74 68 113 101

Reinstates 379 371 371 371 420 412 316 355 420 231 126 Reinstates 16 11 4 8 10 19 7 3 7 8 4

Section Drops 600 1,993 1,714 1,324 1,533 1,468 1,650 1,745 1,312 1,321 951 Section Drops 9 23 17 24 19 33 23 25 18 27 18

ABA Drops 2,470 2,812 2,575 2,452 2,701 2,666 3,190 3,912 3,168 2,907 2,997 ABA Drops 68 95 71 57 72 76 86 58 60 56 71

Discrepancy 196 (70) 82 0 0 0 0 0 0 (1) 0 Discrepancy 1 0 0 0 0 0 0 0 0 0 0

28,016 26,847 26,407 26,885 26,539 26,932 25,730 23,507 22,404 21,592 19,459 309 302 304 311 319 334 299 293 290 328 344

Fiscal Year Fiscal Year

02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 10-11 11-12 12-13

Law Students TOTAL

Beginning 2,035 2,315 2,560 3,062 3,370 3,383 3,038 1,535 1,309 1,261 1,199 Beginning 29,912 30,640 29,709 29,773 30,566 30,241 30,304 28,504 25,097 24,916 23,120

Adds 889 1,568 2,005 1,950 1,805 1,646 1,194 905 879 836 411 Adds 4,286 4,863 5,651 5,913 5,362 5,866 4,583 4,058 3,904 4,134 2,200

Reinstates 32 35 32 37 29 46 63 70 47 29 14 Reinstates 427 417 407 416 459 477 386 428 474 268 144

Section Drops 126 303 325 331 349 396 369 261 226 194 209 Section Drops 735 2,319 2,056 1,679 1,901 1,897 2,042 2,031 1,556 1,542 1,178

ABA Drops 514 1,063 1,207 1,348 1,472 1,641 1,457 906 743 706 265 ABA Drops 3,052 3,970 3,853 3,857 4,245 4,383 4,733 4,876 3,971 3,669 3,333

Discrepancy 1 (8) 3 0 0 1 2 1 1 0 Discrepancy 198 (78) 85 0 0 0 1 2 1 0 0

2,315 2,560 3,062 3,370 3,383 3,038 2,468 1,343 1,266 1,226 1,150 30,640 29,709 29,773 30,566 30,241 30,304 28,497 26,081 23,947 24,107 20,953

LawyersSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugust

Law StudentsSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugust

ABA Section of Real Property, Trust and Estate LawCumulative Membership Summary -- By Membership Type

ABA Dues+ ABA Dues+ Section Dues+

5 Year Change 1 Year Change2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 # % # %

27,219 26,024 25,878 26,223 25,837 26,035 24,534 22,483 21,480 20,811 (5,224) -20.22% (669) -2.98%27,230 26,151 26,016 26,312 26,012 26,091 24,555 22,585 21,666 20,990 (5,101) -19.61% (676) -2.99%27,283 26,280 26,119 26,445 26,152 26,206 24,710 22,716 21,758 21,224 (4,982) -19.05% (534) -2.35%27,383 26,485 26,248 26,520 26,341 26,339 24,763 22,947 21,814 21,354 (4,985) -18.92% (460) -2.00%27,349 26,595 26,449 26,653 26,581 26,407 24,941 23,040 21,984 21,548 (4,859) -18.28% (436) -1.89%24,738 24,290 24,519 24,355 24,736 23,996 21,788 20,555 19,873 19,179 (4,817) -19.47% (694) -3.38%25,154 24,602 25,028 24,721 25,142 24,463 22,085 20,968 20,187 19,459 (5,004) -19.90% (728) -3.47%25,409 25,015 25,300 24,920 25,424 24,655 22,331 21,188 20,45525,550 25,309 25,616 25,136 25,699 24,814 22,551 21,514 20,76125,772 25,770 26,086 25,776 26,228 25,189 22,950 21,877 21,05626,476 26,088 26,451 26,206 26,590 25,419 23,277 22,113 21,24426,847 26,407 26,885 26,539 26,932 25,730 23,507 22,404 21,593


2,316 2,620 3,193 3,589 3,489 3,106 1,533 1,369 1,364 1,209 (1,897) -54.37% (155) -11.32%2,419 2,743 3,257 3,613 3,518 3,152 1,585 1,419 1,450 1,264 (1,888) -53.67% (186) -13.11%2,568 2,864 3,149 3,325 3,244 2,882 1,673 1,522 1,498 1,299 (1,583) -48.80% (199) -13.07%2,343 2,603 3,076 3,319 3,172 2,823 1,656 1,512 1,490 1,300 (1,523) -48.01% (190) -12.57%2,095 2,666 3,073 3,360 3,210 2,870 1,713 1,555 1,534 1,347 (1,523) -47.45% (187) -12.03%2,179 2,581 2,855 3,116 2,859 2,360 1,417 1,310 1,356 1,115 (1,245) -43.55% (241) -18.40%2,244 2,660 2,975 3,212 2,916 2,349 1,474 1,383 1,399 1,150 (1,199) -41.12% (249) -18.00%2,304 2,813 3,092 3,346 3,025 2,394 1,522 1,408 1,4302,466 2,973 3,278 3,458 3,057 2,456 1,163 1,048 1,0742,583 2,993 3,300 3,371 3,020 2,421 1,187 1,061 1,0722,449 2,923 3,273 3,278 2,939 2,408 1,188 1,090 1,0902,560 3,062 3,370 3,383 3,038 2,468 1,309 1,265 1,199

AssociatesSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugust

TOTALSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugust

ABA Section of Real Property, Trust and Estate LawCumulative Membership Summary -- By Membership Type

ABA Dues+ ABA Dues+ Section Dues+


303 310 295 302 309 328 287 284 279 327 (1) -0.32% 48 16.90%307 308 297 310 309 324 288 282 279 329 5 1.62% 50 17.73%309 311 299 315 313 332 291 287 283 332 0 0.00% 49 17.07%316 313 299 321 316 335 293 290 291 340 5 1.58% 49 16.90%319 318 309 335 323 336 305 294 294 373 37 11.46% 79 26.87%246 263 258 276 254 261 260 244 247 333 72 28.35% 86 35.25%255 273 272 285 267 273 268 252 259 344 71 26.59% 85 33.73%264 281 281 289 282 275 273 258 301269 283 292 298 290 278 277 265 315281 293 296 307 312 287 284 274 319289 296 303 311 323 294 287 281 324302 304 311 319 334 299 293 290 328


29,838 28,954 29,366 30,114 29,635 29,469 27,294 25,097 24,084 22,347 (7,122) -24.03% (1,737) -6.92%29,956 29,202 29,570 30,235 29,839 29,567 27,368 24,286 24,382 22,583 (6,984) -23.41% (1,799) -7.41%30,160 29,455 29,567 30,235 29,839 29,420 27,614 24,525 24,526 22,855 (6,565) -22.00% (1,671) -6.81%30,042 29,401 29,623 30,160 29,829 29,497 27,652 24,749 24,582 22,994 (6,503) -21.80% (1,588) -6.42%29,763 29,579 29,831 30,348 30,114 29,613 27,899 24,889 24,799 23,268 (6,345) -21.07% (1,531) -6.15%27,163 27,134 27,632 27,747 27,849 26,617 24,405 22,109 22,463 20,627 (5,990) -21.51% (1,836) -8.30%27,653 27,535 28,275 28,218 28,325 27,085 24,767 22,603 22,832 20,953 (6,132) -21.65% (1,879) -8.31%27,977 28,109 28,673 28,555 28,731 27,324 25,066 22,854 23,17328,285 28,565 29,186 28,892 29,046 27,548 24,931 22,827 23,13728,636 29,056 29,682 29,454 29,560 27,897 25,361 23,212 23,43429,214 29,307 30,027 29,454 29,560 28,121 25,724 23,484 22,65829,709 29,773 30,566 30,241 29,560 28,497 26,081 23,959 23,120

19,000

21,000

23,000

25,000

27,000

29,000

31,000

1 2 3 4 5 6 7 8 9 10 11 12

RPTE Total Membership

2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013

19,000

20,000

21,000

22,000

23,000

24,000

25,000

26,000

27,000

28,000

1 2 3 4 5 6 7 8 9 10 11 12

RPTE Lawyer Membership

2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

1 2 3 4 5 6 7 8 9 10 11 12

RPTE Student Membership

2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013

150

200

250

300

350

400

1 2 3 4 5 6 7 8 9 10 11 12

RPTE Associate Membership

2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013

American Bar AssociationMembership Activities Report

As of 3/31/2013ABA Lawyer Members

Reporting Beginning Membership LSTransfer Membership Membership Ending Last Year 1 Year Change 5 Year ChangeYear Balance Adds Adds Reinstates Drops Balance Totals # % # %2009 346,620 769 98 24 17,524 329,987 345,118 (15,131) -4.38% 513 0.15%2009 329,987 2,050 541 130 2,458 330,250 346,782 (16,532) -4.77% 171 0.05%2009 330,250 2,952 827 44 939 333,134 348,951 (15,817) -4.53% (46) -0.01%2009 333,134 2,105 767 42 1,460 334,588 351,400 (16,812) -4.78% (2,283) -0.65%2010 334,588 5,982 823 48 604 340,837 352,487 (11,650) -3.31% (18,304) -5.10%2010 340,837 3,785 834 23 63,693 281,786 293,538 (11,752) -4.00% (13,864) -4.69%2010 281,786 3,052 419 2,640 488 287,409 303,147 (15,738) -5.19% (13,630) -4.53%2010 287,409 3,969 655 1,379 371 293,041 308,158 (15,117) -4.91% (15,869) -5.14%2010 293,041 6,993 432 394 269 300,591 314,229 (13,638) -4.34% (21,662) -6.72%2010 300,591 8,318 642 305 282 309,574 322,331 (12,757) -3.96% (22,186) -6.69%2010 309,574 9,060 857 124 425 319,190 329,186 (9,996) -3.04% (21,944) -6.43%2010 319,190 16,576 993 73 274 336,558 346,620 (10,062) -2.90% (15,005) -4.27%

65,611 7,888 5,226 88,787

2010 336,558 970 56 23 18,947 318,660 329,987 (11,327) -3.43% (31,995) -9.12%2010 318,660 2,729 504 147 768 321,272 330,250 (8,978) -2.72% (31,250) -8.86%2010 321,272 2,557 585 83 368 324,128 333,134 (9,006) -2.70% (30,548) -8.61%2010 324,128 3,890 732 31 1,238 327,543 334,588 (7,045) -2.11% (27,962) -7.87%2011 327,543 2,213 407 41 615 329,589 340,837 (11,248) -3.30% (28,210) -7.88%2011 329,589 5,191 958 42 63,901 271,879 281,786 (9,907) -3.52% (20,263) -6.94%2011 271,879 3,409 601 3,059 399 278,549 287,409 (8,860) -3.08% (17,176) -5.81%

2011 278,549 5,185 720 2,119 336 286,237 293,041 (6,804) -2.32% (11,846) -3.97%2011 286,237 9,244 948 420 403 296,446 300,591 (4,145) -1.38% (14,251) -4.59%2011 296,446 5,985 232 168 251 302,579 309,574 (6,995) -2.26% (20,172) -6.25%2011 302,579 8,226 450 136 362 311,029 319,190 (8,161) -2.56% (28,366) -8.36%2011 311,029 25,476 1,118 67 237 337,453 336,558 895 0.27% (14,434) -4.10%

75,075 7,311 6,336 87,825

American Bar AssociationMembership Activities Report

As of 3/31/2013ABA Lawyer Members

Reporting Beginning Membership LSTransfer Membership Membership Ending Last Year 1 Year Change 5 Year ChangeYear Balance Adds Adds Reinstates Drops Balance Totals # % # %

2011 337,453 1,101 27 27 13,889 324,719 318,660 6,059 1.90% (19,128) -5.56%2011 324,719 1,867 343 83 600 326,412 321,272 5,140 1.60% (20,807) -5.99%2011 326,412 3,205 563 54 1015 329,219 324,128 5,091 1.57% (20,643) -5.90%2011 329,219 3,545 766 182 1,738 331,974 327,543 4,431 1.35% (21,648) -6.12%2012 331,974 2,209 309 48 629 333,911 329,589 4,322 1.31% (22,739) -6.38%2012 333,911 5,818 489 30 72,092 268,156 271,879 (3,723) -1.37% (24,739) -8.45%2012 268,156 8,654 975 1,518 296 279,007 278,549 458 0.16% (22,014) -7.31%2012 279,007 11,389 1,477 1,012 591 292,294 286,237 6,057 2.12% (12,931) -4.24%2012 292,294 11,396 985 568 459 304,784 296,446 8,338 2.81% (8,559) -2.73%2012 304,784 6,441 668 157 639 311,411 302,579 8,832 2.92% (9,216) -2.87%2012 311,411 8,688 132 97 379 319,949 311,029 8,920 2.87% (14,903) -4.45%2012 319,949 18,800 544 53 270 339,076 337,453 1,623 0.48% (14,995) -4.24%

83,113 7,278 3,829 92,597

2012 339,076 2,034 91 22 16,382 324,841 324,719 122 0.04% (20,277) -5.88%2012 324,841 2,258 167 132 1496 325,902 326,412 (510) -0.16% (20,880) -6.02%2012 325,902 3,500 835 34 1839 328,432 329,219 (787) -0.24% (20,519) -5.88%2012 328,432 4,058 525 67 2,374 330,708 331,974 (1,266) -0.38% (20,692) -5.89%2013 330,708 3,505 282 40 1708 332,827 333,911 (1,084) -0.32% (19,660) -5.58%2013 332,827 6,043 1214 39 73,206 266,917 268,156 (1,239) -0.46% (26,621) -9.07%2013 266,917 5,591 638 1,599 404 274,341 279,007 (4,666) -1.67% (28,806) -9.50%20132013201320132013

26,989 3,752 1,933 97,409

FY2013 Monthly Entity Membership Count ReportMonth March

Month 7

This Month

YTD

Lawyer Associate Student Total Size Lawyer Associate Student Total Lawyer Associate Student Total

Entities

AL Admin Law and Regulatory Practice, Section of 4,719 172 6,240 11,131 16 4,802 164 6,407 11,373 -1.7% 4.9% -2.6% -2.1%

AH Affordable Housing & Comm Devlpmnt Law, Forum on 2,103 285 3,308 5,696 25 2,139 321 3,513 5,973 -1.7% -11.2% -5.8% -4.6%

AS Air & Space Law, Forum on 1,404 327 2,811 4,542 28 1,250 340 2,655 4,245 12.3% -3.8% 5.9% 7.0%

AT Antitrust Law, Section of 6,135 1,109 335 7,579 23 6,202 1,025 413 7,640 -1.1% 8.2% -18.9% -0.8%

CL Business Law Section 35,802 1,653 11,179 48,634 2 36,397 1,612 11,669 49,678 -1.6% 2.5% -4.2% -2.1%

CO Communications Law, Forum on 1,883 392 3,844 6,119 24 2,000 421 4,143 6,564 -5.9% -6.9% -7.2% -6.8%

CI Construction Industry, Forum on the 4,785 388 222 5,395 27 4,848 379 266 5,493 -1.3% 2.4% -16.5% -1.8%

CR Criminal Justice Section 8,867 420 8,528 17,815 10 9,185 433 9,022 18,640 -3.5% -3.0% -5.5% -4.4%

DR Dispute Resolution, Section of 6,840 1,282 7,475 15,597 12 7,196 1,295 7,802 16,293 -4.9% -1.0% -4.2% -4.3%

ES Entertainment & Sports Industries, Forum on 2,390 192 646 3,228 31 2,483 182 914 3,579 -3.7% 5.5% -29.3% -9.8%

NR Environment, Energy, and Resources, Section of 8,057 373 1,348 9,778 17 8,103 370 1,675 10,148 -0.6% 0.8% -19.5% -3.6%

FL Family Law, Section of 6,823 325 1,026 8,174 21 7,105 330 1,336 8,771 -4.0% -1.5% -23.2% -6.8%

FR Franchising, Forum on 1,688 193 74 1,955 32 1,692 187 90 1,969 -0.2% 3.2% -17.8% -0.7%

GD Government and Public Sector Lawyers Division 6,102 437 9,282 15,821 11 6,214 469 9,572 16,255 -1.8% -6.8% -3.0% -2.7%

HL Health Law Section 7,359 264 899 8,522 20 7,109 237 1,124 8,470 3.5% 11.4% -20.0% 0.6%

IR Individual Rights & Responsibilities, Section of 2,422 479 4,781 7,682 22 2,686 534 5,159 8,379 -9.8% -10.3% -7.3% -8.3%

PT Intellectual Property Law, Section of 13,046 747 7,711 21,504 5 13,493 745 8,463 22,701 -3.3% 0.3% -8.9% -5.3%

IC International Law, Section of 9,567 1,621 9,224 20,412 7 9,859 1,575 10,085 21,519 -3.0% 2.9% -8.5% -5.1%

JZ Judicial Division 3,294 168 587 4,049 30 3,241 166 695 4,102 1.6% 1.2% -15.5% -1.3%

LL Labor and Employment Law, Section of 16,444 485 6,114 23,043 3 16,632 468 6,368 23,468 -1.1% 3.6% -4.0% -1.8%

EP Law Practice Management Section 9,077 929 5,447 15,453 13 8,518 933 5,569 15,020 6.6% -0.4% -2.2% 2.9%

LE Legal Ed & Admissions to the Bar, Section of 10,290 1,206 1,249 12,745 14 10,253 1,253 1,676 13,182 0.4% -3.8% -25.5% -3.3%

LT Litigation, Section of 41,648 1,217 10,383 53,248 1 42,535 1,216 10,757 54,508 -2.1% 0.1% -3.5% -2.3%

PC Public Contract Law, Section of 3,824 227 4,869 8,920 19 4,010 215 5,009 9,234 -4.6% 5.6% -2.8% -3.4%

PL Public Utility, Comms & Transport Law, Section of 2,498 87 2,977 5,562 26 2,631 90 3,141 5,862 -5.1% -3.3% -5.2% -5.1%

RP Real Property, Trust & Estate Law, Section of 19,459 414 1,445 21,318 6 20,187 343 1,812 22,342 -3.6% 20.7% -20.3% -4.6%

ST Science & Technology Law, Section of 4,043 338 5,111 9,492 18 4,180 316 5,513 10,009 -3.3% 7.0% -7.3% -5.2%

SL Senior Lawyers Division 4,019 75 57 4,151 29 4,395 80 87 4,562 -8.6% -6.3% -34.5% -9.0%

GP Solo, Small Firm and General Practice Division 11,664 236 8,183 20,083 9 18,480 227 8,624 27,331 -36.9% 4.0% -5.1% -26.5%

LG State and Local Government Law, Section of 4,584 71 6,959 11,614 15 4,228 75 7,275 11,578 8.4% -5.3% -4.3% 0.3%

TX Taxation, Section of 14,897 545 4,831 20,273 8 15,296 550 5,112 20,958 -2.6% -0.9% -5.5% -3.3%

IL Tort Trial and Insurance Practice Section 15,297 866 6,750 22,913 4 15,810 880 6,818 23,508 -3.2% -1.6% -1.0% -2.5%

TOTAL 291,030 17,523 143,895 452,448 303,159 17,431 152,764 473,354 -4.0% 0.5% -5.8% -4.4%

CP Professional Responsibity, Center for 1,703 87 107 1,897 1,683 94 116 1,893 1.2% -7.4% -7.8% 0.2%

YL Young Lawyers Division 101,008 832 1,709 103,549 105,661 730 1,928 108,319 -4.4% 14.0% -11.4% -4.4%

Lawyer Associate Student Total Lawyer Associate Student Total Lawyer Associate Student Total

ABA MeABA Members** 274,340 11,695 33,207 319,242 279,007 10,984 37,404 327,395 -1.7% 6.5% -11.2% -2.5%

ABA Me ABA Members in an Entity 169,558 9,286 23,265 202,109 178,223 9,051 24,611 211,885 -4.9% 2.6% -5.5% -4.6%

% of ABA Members in an Entity 61.8% 79.4% 70.1% 63.3% 63.9% 82.4% 65.8% 64.7% -2.1pp -3pp 4.3pp -1.4pp

Average Entities per ABA Member*** 1.72 1.89 6.19 2.24 1.70 1.93 6.21 2.23 1.5% -3.9% -2.2% 0.5%

* Data Source: Data warehouse through 'MMR Section Members' report

** Fiscal year ABA membership numbers are reported as of August 31; all other monthly membership figures experience fluctuation and should remain proprietary

*** Among members in at least one Entity


Entity Membership: Summary Performance

5,801

-78,682

7,316

-37,448

% Change from LY

-20.7%

-110.1%

Last YearCurrent

Current YTD Last Year YTD Change

ABA Membership Count: Category Performance

Discussion

Last Year YTD Change

Entity Membership Count: Category Performance

Current YTD

400,000

420,000

440,000

460,000

480,000

500,000

520,000

540,000

560,000

580,000

600,000

Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug

YTD Entity Membership Count

Current

Last Year

* Total entity memberships are down year over year by 4.4%. Decreases of 4.0% and 5.8% were seen in the lawyer and law student categories, respectively. An increase of 0.5% was seen in the associate category. * Entities lost 73,358 memberships in the drop for non-payment of dues in February 2013: 69,444 in the ABA+Entity drop and 3,914 in the Entity-Only drop. * The % of ABA Members in an Entity is down 1.4 percentage points year over year. Decreases of 2.1pp and 3.0pp were seen in the lawyer and associate categories, respectively. An increase of 4.3pp was seen in the student category.

FY2013 Monthly Entity Lawyer Membership by Dues Class ReportMonth March

Month 7

ADMNEWLS

Transfer Class 1 Class 3 Class 5 Class 7 Discount** Total Size ADMNEWLS

Transfer Class 1 Class 3 Class 5 Class 7 Discount**

Entities

AL Admin Law and Regulatory Practice, Section of 116 1,259 666 150 306 2,161 61 4,719 20 2.5% 26.7% 14.1% 3.2% 6.5% 45.8% 1.3%

AH Affordable Housing & Comm Devlpmnt Law, Forum on 34 630 305 55 127 926 26 2,103 29 1.6% 30.0% 14.5% 2.6% 6.0% 44.0% 1.2%

AS Air & Space Law, Forum on 21 392 176 40 79 674 22 1,404 32 1.5% 27.9% 12.5% 2.8% 5.6% 48.0% 1.6%

AT Antitrust Law, Section of 97 97 542 347 535 4,308 209 6,135 17 1.6% 1.6% 8.8% 5.7% 8.7% 70.2% 3.4%

CL Business Law Section 672 2,339 4,061 1,533 2,564 23,969 664 35,802 2 1.9% 6.5% 11.3% 4.3% 7.2% 66.9% 1.9%

CO Communications Law, Forum on 23 641 240 51 71 841 16 1,883 30 1.2% 34.0% 12.7% 2.7% 3.8% 44.7% 0.8%

CI Construction Industry, Forum on the 58 59 236 226 468 3,688 50 4,785 19 1.2% 1.2% 4.9% 4.7% 9.8% 77.1% 1.0%

CR Criminal Justice Section 443 1,845 1,507 331 576 3,987 178 8,867 12 5.0% 20.8% 17.0% 3.7% 6.5% 45.0% 2.0%

DR Dispute Resolution, Section of 61 1,394 602 92 227 4,110 354 6,840 15 0.9% 20.4% 8.8% 1.3% 3.3% 60.1% 5.2%

ES Entertainment & Sports Industries, Forum on 155 164 380 151 207 1,294 39 2,390 28 6.5% 6.9% 15.9% 6.3% 8.7% 54.1% 1.6%

NR Environment, Energy, and Resources, Section of 264 339 987 402 733 5,202 130 8,057 13 3.3% 4.2% 12.3% 5.0% 9.1% 64.6% 1.6%

FL Family Law, Section of 383 328 1,011 321 570 3,999 211 6,823 16 5.6% 4.8% 14.8% 4.7% 8.4% 58.6% 3.1%

FR Franchising, Forum on 12 14 93 77 157 1,309 26 1,688 31 0.7% 0.8% 5.5% 4.6% 9.3% 77.5% 1.5%

GD Government and Public Sector Lawyers Division 217 1,957 981 162 355 2,213 217 6,102 18 3.6% 32.1% 16.1% 2.7% 5.8% 36.3% 3.6%

HL Health Law Section 224 228 819 418 668 4,874 128 7,359 14 3.0% 3.1% 11.1% 5.7% 9.1% 66.2% 1.7%

IR Individual Rights & Responsibilities, Section of 46 869 362 33 67 950 95 2,422 27 1.9% 35.9% 14.9% 1.4% 2.8% 39.2% 3.9%

PT Intellectual Property Law, Section of 420 1,598 1,841 818 1,246 6,867 256 13,046 7 3.2% 12.2% 14.1% 6.3% 9.6% 52.6% 2.0%

IC International Law, Section of 235 1,736 1,317 398 677 4,942 262 9,567 10 2.5% 18.1% 13.8% 4.2% 7.1% 51.7% 2.7%

JZ Judicial Division 42 79 83 41 94 2,770 185 3,294 25 1.3% 2.4% 2.5% 1.2% 2.9% 84.1% 5.6%

LL Labor and Employment Law, Section of 368 1,412 1,665 741 1,351 10,612 295 16,444 4 2.2% 8.6% 10.1% 4.5% 8.2% 64.5% 1.8%

EP Law Practice Management Section 74 1,099 1,275 165 326 5,926 212 9,077 11 0.8% 12.1% 14.0% 1.8% 3.6% 65.3% 2.3%

LE Legal Ed & Admissions to the Bar, Section of 29 235 256 240 927 8,569 34 10,290 9 0.3% 2.3% 2.5% 2.3% 9.0% 83.3% 0.3%

LT Litigation, Section of 796 2,505 4,794 1,906 3,622 27,461 564 41,648 1 1.9% 6.0% 11.5% 4.6% 8.7% 65.9% 1.4%

PC Public Contract Law, Section of 47 832 415 150 242 2,040 98 3,824 24 1.2% 21.8% 10.9% 3.9% 6.3% 53.3% 2.6%

PL Public Utility, Comms & Transport Law, Section of 23 557 247 73 115 1,431 52 2,498 26 0.9% 22.3% 9.9% 2.9% 4.6% 57.3% 2.1%

RP Real Property, Trust & Estate Law, Section of 496 451 1,630 772 1,462 13,784 864 19,459 3 2.5% 2.3% 8.4% 4.0% 7.5% 70.8% 4.4%

ST Science & Technology Law, Section of 53 1,036 520 187 286 1,903 58 4,043 22 1.3% 25.6% 12.9% 4.6% 7.1% 47.1% 1.4%

SL Senior Lawyers Division 5 18 19 5 10 2,496 1,466 4,019 23 0.1% 0.4% 0.5% 0.1% 0.2% 62.1% 36.5%

GP Solo, Small Firm and General Practice Division 397 1,810 1,375 416 716 5,748 1,202 11,664 8 3.4% 15.5% 11.8% 3.6% 6.1% 49.3% 10.3%

LG State and Local Government Law, Section of 56 1,405 550 95 218 2,188 72 4,584 21 1.2% 30.7% 12.0% 2.1% 4.8% 47.7% 1.6%

TX Taxation, Section of 263 1,113 1,385 633 1,081 9,961 461 14,897 6 1.8% 7.5% 9.3% 4.2% 7.3% 66.9% 3.1%

IL Tort Trial and Insurance Practice Section 274 1,316 1,260 505 957 10,737 248 15,297 5 1.8% 8.6% 8.2% 3.3% 6.3% 70.2% 1.6%

TOTAL 6,404 29,757 31,600 11,534 21,040 181,940 8,755 291,030 2.2% 10.2% 10.9% 4.0% 7.2% 62.5% 3.0%

CP Professional Responsibity, Center for 9 14 47 32 76 1,439 86 1,703 0.5% 0.8% 2.8% 1.9% 4.5% 84.5% 5.0%

YL Young Lawyers Division 34,025 8,241 37,529 12,081 7,475 941 716 101,008 33.7% 8.2% 37.2% 12.0% 7.4% 0.9% 0.7%

New Bar Admittee

LS Transfer Class 1 Class 3 Class 5 Class 7 Discount Total

New Bar Admittee

LS Transfer Class 1 Class 3 Class 5 Class 7 Discount

ABA MeABA Members*** 34,032 8,248 37,904 13,821 21,763 143,224 15,348 274,340 12.4% 3.0% 13.8% 5.0% 7.9% 52.2% 5.6%

ABA Me ABA Members in an Entity 5,719 6,060 21,066 8,296 14,455 108,133 5,829 169,558 3.4% 3.6% 12.4% 4.9% 8.5% 63.8% 3.4%

% of ABA Members in an Entity 16.8% 73.5% 55.6% 60.0% 66.4% 75.5% 38.0% 61.8%

Average Entities per ABA Member**** 1.12 4.91 1.50 1.39 1.46 1.68 1.50 1.72

* Data Source: Data warehouse through 'MMR Section Members' report

** The "Discount" category includes 70/25, 75/25, Disability Waiver, Financial Hardship, Honorary, JAG, Lifetime, and ABA staff

*** Fiscal year ABA membership numbers are reported as of August 31; all other monthly membership figures experience fluctuation and should remain proprietary

**** Among members in at least one Entity


Current Lawyer Members

Current Lawyer Members

ABA Lawyer Membership Count: Category Performance

Discussion

% of Current Lawyer Members

% of Current Lawyer Members

Entity Lawyer Membership Count: Category Performance * 62.5% of total entity memberships are held by Class 7 members. Class 7 is the dues class with the highest percentage of its members in an entity at 75.5%. * While the smallest group in terms of members, the law student transfer category has a high percentage of its members in an entity at 73.5% and the highest average entities per member at 4.91.

FY2013 Monthly Entity Lawyer Membership Activity ReportMonth March

Month 7

YTD ABA+Entity

AddsYTD LST

AddsYTD Entity-Only Adds

YTD ABA+Entity

DropsYTD Entity-Only Drops

YTD Reinstates

YTD Net Activity

YTD Net Activity

Change from LY

% Change from LY

Entities

AL Admin Law and Regulatory Practice, Section of 149 641 286 -1,251 -684 23 -836 -1,037 201 19.4%

AH Affordable Housing & Comm Devlpmnt Law, Forum on 58 308 102 -621 -237 11 -379 -444 65 14.6%

AS Air & Space Law, Forum on 47 239 69 -246 -148 7 -32 -31 -1 -3.2%

AT Antitrust Law, Section of 214 30 292 -591 -357 57 -355 -496 141 28.4%

CL Business Law Section 641 1,144 1,833 -6,683 -2,351 231 -5,185 -3,934 -1,251 -31.8%

CO Communications Law, Forum on 55 305 75 -546 -290 12 -389 -503 114 22.7%

CI Construction Industry, Forum on the 75 19 166 -410 -203 25 -328 -453 125 27.6%

CR Criminal Justice Section 322 889 903 -3,320 -947 69 -2,084 -1,741 -343 -19.7%

DR Dispute Resolution, Section of 164 695 288 -1,560 -874 55 -1,232 -1,345 113 8.4%

ES Entertainment & Sports Industries, Forum on 85 45 252 -622 -251 25 -466 -341 -125 -36.7%

NR Environment, Energy, and Resources, Section of 196 108 522 -1,312 -470 56 -900 -693 -207 -29.9%

FL Family Law, Section of 197 115 715 -1,897 -379 75 -1,174 -715 -459 -64.2%

FR Franchising, Forum on 35 4 56 -150 -91 13 -133 -107 -26 -24.3%

GD Government and Public Sector Lawyers Division 221 920 654 -2,317 -1,128 34 -1,616 -1,272 -344 -27.0%

HL Health Law Section 219 62 691 -1,108 -431 61 -506 -622 116 18.6%

IR Individual Rights & Responsibilities, Section of 65 406 106 -863 -390 14 -662 -783 121 15.5%

PT Intellectual Property Law, Section of 268 768 782 -2,901 -936 100 -1,919 -1,749 -170 -9.7%

IC International Law, Section of 275 761 546 -2,286 -1,039 82 -1,661 -1,448 -213 -14.7%

JZ Judicial Division 96 34 255 -396 -388 19 -380 -155 -225 -145.2%

LL Labor and Employment Law, Section of 365 757 956 -3,033 -858 113 -1,700 -1,789 89 5.0%

EP Law Practice Management Section 152 573 433 -2,636 -878 69 -2,287 -1,422 -865 -60.8%

LE Legal Ed & Admissions to the Bar, Section of 154 74 118 -621 -182 5 -452 -149 -303 -203.4%

LT Litigation, Section of 621 1,276 1,841 -7,416 -2,336 263 -5,751 -4,909 -842 -17.2%

PC Public Contract Law, Section of 100 412 146 -928 -437 22 -685 -719 34 4.7%

PL Public Utility, Comms & Transport Law, Section of 56 281 92 -576 -313 11 -449 -574 125 21.8%

RP Real Property, Trust & Estate Law, Section of 311 153 1,224 -2,996 -951 126 -2,133 -2,219 86 3.9%

ST Science & Technology Law, Section of 125 518 221 -1,099 -569 30 -774 -812 38 4.7%

SL Senior Lawyers Division 22 9 93 -281 -396 16 -537 -530 -7 -1.3%

GP Solo, Small Firm and General Practice Division 322 913 1,219 -5,115 -5,847 155 -8,353 6,850 -15,203 -221.9%

LG State and Local Government Law, Section of 127 736 288 -1,045 -549 22 -421 -423 2 0.5%

TX Taxation, Section of 285 557 589 -2,182 -724 79 -1,396 -1,386 -10 -0.7%

IL Tort Trial and Insurance Practice Section 278 738 854 -2,625 -1,057 94 -1,718 -2,034 316 15.5%

TOTAL 6,300 14,490 16,667 -59,633 -26,691 1,974 -46,893 -27,985 -18,908 -67.6%

CP Professional Responsibity, Center for 45 1 91 -144 -123 8 -122 -86 -36 -41.9%

YL Young Lawyers Division 22,150 214 182 -52,058 -8,365 710 -37,167 -35,227 -1,940 -5.5%

*Data Source: Data warehouse through Decision Cast 'MMR Section Membership Activity Details' report

Proprietary ABA Information: Confidential 1667

Discussion Entity Membership Activity: Lawyer Performance

Last YearCurrent

6,300 14,490

16,667

-59,633

-26,691

1,974

-46,893

9,647 11,414

33,090

-59,251

-25,052

2,167

-27,985

-80,000

-60,000

-40,000

-20,000

0

20,000

40,000

YTD ABA+Entity Adds YTD LST Adds YTD Entity-Only Adds YTD ABA+Entity Drops YTD Entity-Only Drops YTD Reinstates YTD Activity

YTD Entity Lawyer Membership Activity

This Year

Last Year

* Net activity is down 67.6% from last year. * This year’s YTD Entity-Only Membership Adds are 95.0% lower than last year. Much of the decrease is caused by the auto-enrolled free trial memberships offered by LPM, Litigation, and Business Law in winter 2012.

ABA Section of Real Property, Probate and Trust LawDivision Groups and Committees

Membership ReportApril 2013

Apr. 2007

April 2009

April 2010

April 2011

April 2012

Oct. 2012

April 2013

Inc/(Dec) 2007-2013

REAL PROPERTY DIVISION COMMITTEESLEGAL EDUCATION AND UNIFORM LAWS GROUP 8 37 63 60 59 65 59 51UNIFORM LAWS 13 25 29 34 30 37 34 21LEGAL EDUCATION 15 29 34 37 37 37 34 19

PRACTICE MANAGEMENT GROUP 26 361 406 365 286 300 285 259ECONOMICS, TECHNOLOGY AND PRACTICE METHODS 23 36 39 43 35 43 41 18ETHICS AND PROFESSIONALISM 39 47 50 56 58 60 53 14REAL PROPERTY LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION 112 151 163 158 129 135 124 12PRO-BONO 208 192 187 163 134 140 133 -75

LAND USE AND ENVIRONMENTAL GROUP 49 479 612 555 434 448 420 371LAND USE AND ZONING 252 298 315 297 247 246 224 -28CONDEMNATION 105 118 127 122 100 98 92 -13PROPERTY TAX 95 128 125 132 116 123 116 21GOVERNMENTAL INCENTIVES 53 76 91 88 71 78 68 15ENVIRONMENTAL 123 145 162 152 123 131 121 -2

COMMERICAL REAL ESTATE TRANSACTIONS GROUP 114 881 915 831 722 755 732 618PURCHASE AND SALE 274 383 387 355 319 320 307 33DESIGN & CONSTRUCTION 78 110 136 131 101 96 95 17EASEMENTS RESTRICTIONS AND COVENANTS 138 210 239 216 183 201 195 57TITLE INSURANCE AND SURVEYS 312 362 371 345 310 322 308 -4BROKERS AND BROKERAGE (COMMITTEE SUNSET) 118 138 148 0 0 0 0 -118PROPERTY, CASUALTY AND OTHER NON-TITLE INSURANCE 29 61 75 80 73 86 80 51GREEN AND SUSTAINABLE TRANSACTIONS 55 65 57 57

RESIDENTIAL, MULTIFAMILY AND SPECIAL USE GROUP 44 398 431 393 301 315 290 246SINGLE FAMILY RESIDENTIAL 61 93 101 92 76 86 76 15MULTI-FAMILY RESIDENTIAL 104 143 157 151 127 142 132 28SENIOR HOUSING AND ASSISTED LIVING 58 78 81 80 70 77 72 14AFFORDABLE HOUSING 159 196 199 183 149 155 146 -13

LEASING GROUP 65 347 472 447 407 426 401 336RETAIL LEASING 107 178 215 210 199 208 194 87OFFICE LEASING 111 168 207 209 203 208 190 79INDUSTRIAL LEASING 35 62 90 99 101 114 104 69EMERGING ISSUES AND SPECIALTY LEASES 57 100 131 129 123 115 107 50ASSIGNMENT AND SUBLETTING 46 74 107 113 114 125 115 69GROUND LEASING 88 135 148 145 157 148 148

HOSPITALITY, COMMUNITY RECREATION AND COMMON INTEREST DEVELOPMENTS GROUP 37 358 393 357 296 299 279 242COMMON INTEREST OWNERSHIP DEVELOPMENT 125 134 153 144 132 132 125 0HOTELS, RESORTS AND TOURISM 160 181 193 173 145 142 135 -25TIMESHARING AND INTERVAL USES 50 72 80 75 68 66 60 10

REAL ESTATE FINANCING GROUP 85 878 948 887 748 769 738 653MORTGAGE LENDING 423 510 537 489 425 442 422 -1SECURITIZATION AND SPECIAL FINANCING TECHNIQUES (Merged committee into Mortgage Lending) 106 169 196 183 164 0 0 -106CONSTRUCTION LENDING (Merged committee into Mortgage Lending) 47 109 148 143 119 0 0 -47WORKOUTS, FORECLOSURES, AND BANKRUPTCIES 341 375 375 313 320 302 302LEGAL OPINIONS IN REAL ESTATE TRANSACTIONS 234 268 263 236 251 241 241

SPECIAL INVESTORS AND INVESTMENT STRUCTURE GROUP 56 357 528 461 364 370 342 286

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ABA Section of Real Property, Probate and Trust LawDivision Groups and Committees

Membership ReportApril 2013

Apr. 2007

April 2009

April 2010

April 2011

April 2012

Oct. 2012

April 2013

Inc/(Dec) 2007-2013

PARTNERSHIPS AND LIMITED LIABILITY COMPANIES 166 219 245 244 222 228 211 45REAL ESTATE INVESTMENTS FUNDS (Merged into REITS) 22 29 51 43 29 0 0 -22REAL ESTATE INVESTMENT TRUSTS 24 62 81 87 81 90 87 63LIFE INSURANCE COMPANY INVESTMENTS 24 27 30 31 33 38 35 11LAND TRUSTS 28 23 32 46 50 55 51 23INTERNATIONAL INVESTMENT IN REAL ESTATE 61 107 125 110 77 74 69 8FEDERAL TAXATION OF REAL ESTATE 134 166 184 175 144 151 142 8

TRUST & ESTATE DIVISION COMMITTEES

INCOME & TRANSFER TAX PLANNING GROUP 92 585 636 629 539 567 537 445GENERATION SKIPPING TRANSFERS 127 174 207 219 203 223 211 84ESTATE AND GIFT TAX 215 310 346 382 358 391 371 156INDIVIDUAL AND FIDUCIARY INCOME TAX 80 126 154 168 161 178 171 91INTERNATIONAL TAX PLANNING 100 134 162 171 166 174 163 63TAX LITIGATION AND CONTROVERSY 57 85 113 127 111 117 111 54

BUSINESS PLANNING GROUP 129 469 538 548 482 500 472 343BUSINESS INVESTMENT ENTITIES, PARTNERSHIPS, LLCS AND CORPORATIONS 219 307 333 351 310 328 311 92ESTATE PLANNING AND ADMINISTRATION FOR BUSINESS OWNERS, FARMERS AND RANCHERS 216 225 254 274 252 273 263 47

CHARITABLE PLANNING AND EXEMPT ORGANIZATIONS GROUP 66 302 350 336 303 311 294 228CHARITABLE PLANNING 162 196 225 208 198 189 177 15CHARITABLE ORGANIZATIONS 114 154 191 189 175 176 168 54LEGISLATIVE AND REGULATORY ISSUES 11 40 53 59 66 55 55

ELDER LAW, DISABILITY PLANNING AND BIOETHICS GROUP 65 134 336 345 284 300 279 214LONG TERM CARE, MEDICAID AND SPECIAL NEEDS TRUSTS 161 207 220 208 176 188 176 15BIOETHICS 40 44 55 58 50 51 51 11SURROGATE DECISION MAKING 100 113 122 117 99 103 96 -4

EMPLOYEE BENEFIT PLANS AND OTHER COMPENSATION ARRANGEMENTS GROUP 30 60 230 227 201 205 189 159FIDUCIARY RESPONSIBILITY, ADMINISTRATION AND LITIGATION 75 88 106 116 106 111 108 33WELFARE BENEFIT PLANS 37 41 50 60 56 59 56 19PLAN TRANSACTIONS AND TERMINATIONS 55 62 73 74 67 68 64 9QUALIFIED PLANS 78 84 96 103 101 107 102 24NONQUALIFIED DEFERRED COMPENSATION 61 69 78 80 79 88 86 25

LITIGATION, ETHICS AND MALPRACTICE GROUP 35 292 315 308 262 268 260 225PROBATE AND FIDUCIARY LITIGATION 220 272 290 280 256 256 253 33ETHICS AND MALPRACTICE 49 67 62 65 55 59 56 7

NON-TAX ESTATE PLANNING CONSIDERATION GROUP 103 186 243 679 586 609 582 479INSURANCE AND FINANCIAL PLANNING 127 167 175 177 161 168 158 31ASSET PROTECTION PLANNING 249 296 324 329 306 311 292 43UNIFORM ACTS FOR TRUST AND ESTATE LAW 90 121 139 139 139 143 141 51EMOTIONAL AND PSYCHOLOGICAL ISSUES IN ESTATE PLANNING 87 134 143 142 125 134 137 50NON-TAX ISSUES AFFECTING THE PLANNING AND ADMINISTION OF ESTATES & TRUSTS 163 227 243 258 240 247 246 83ECONOMICS AND TECHNOLOGY OF THE PRACTICE 55 76 84 88 86 90 89 34

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Documents

ABA Section of Real Property, Trust and Estate Law 1:00 ... · Daniel Q. Orvin (Charleston, South ... Trust and Estate Synergy Summit. Stephanie Loomis ... Committee. ABA Section