Section News

Ray Werner to Serve on Board of Governors

 RPPT is pleased to announce that Raymond J. Werner of Chicago will serve as a Section-at-Large representative on the ABA Board of Governors from 2005 through 2008.

Werner chairs the executive committee of the Chicago firm of Arnstein & Lehr LLP, where he represents purchasers, owners, developers, landlords, tenants, lenders, and borrowers in connection with all types of property transactions. He also represents lenders in structuring loan programs, originating individual loans, and enforcing of lenders’ rights and remedies.

An active member of the Section, Werner has served as RPTE Section Delegate to the ABA House of Delegates, as a member of Section Council, and as Section advisor to the NCCUSL Joint Editorial Board for Real Property Acts.

He is a member and former chair of the Chicago Bar Association’s Real Property Committee, a member of the American College of Real Estate Lawyers and the International Council of Shopping Centers, and the U.S. president-elect of the Anglo-American Real Property Institute. He is a frequent author of articles in bar publications and speaker at bar-sponsored CLE programs.

Werner received his Juris Doctor from Chicago-Kent College of Law and his Bachelor of Arts from DePaul University.

We congratulate Ray on this honor.

 RPPT Announces 2005 Jacques T. Schlenger Student Writing Contest Winners

 First place winner is Craig S. Kaufman, Temple University, for his submission, “Sympathy for the Devil’s Advocate: Assisting the Attorney General When Charitable Matters Reach the Courtroom.” Second place winner is Adrienne Iwamoto Suarez, University of Hawaii, for her essay, “Covenants, Conditions and Restrictions on Free Speech?” In third place is Jennifer Felten, Southwestern University, for her essay, “Brownfield Redevelopment 1995–2005: An Environmental Justice Success Story?”

The first-place winner receives $2,000 cash and a one-year membership in the RPTE Section, plus round-trip airfare and weekend accommodations to attend the Section’s Fall Council Meeting. The first-place winner’s essay will be considered for publication in Real Property, Probate and Trust Journal. The second- and third-place winners receive $500 and $250 cash, respectively.

The competition is named in memory of Jacques T. Schlenger, a nationally renowned estate planning lawyer, founder of the Venable Foundation, and a member of the Section for 45 years. The award is co-sponsored by the Venable Foundation, which was established in 1981. The foundation promotes the health and well-being of the communities where Venable clients and lawyers work and live and supports a wide range of civic, cultural, and charitable endeavors as well as public interest law and legal education.

The award is designed to foster interest, encourage legal scholarship, and reward law student writing on real property, probate, and trust law subjects of general and current national interest. The competition is open to all full-time law students in ABA-approved law schools in the United States and its possessions.

For more information about the writing competition, contact Rob King, ABA Section of Real Property, Probate and Trust Law, at (312) 988–5540, or visit the Section web site at www.abanet.org/rppt.

 PROFILES IN MEMBERSHIP

 Janice E. Carpi

Janice Carpi has been active in the RPTE Section of the ABA since the late 1980s, when she was a frequent speaker on the savings and loan crisis and the effect of FIRREA. Her first exposure to the ABA was as a speaker on FIRREA at RPPT’s Spring Symposium in 1991. In her role as underwriting counsel for Lawyers Title Insurance Corporation, first in Dallas, Texas, and then in the company’s national headquarters in Richmond, Virginia, Janice had daily contact with title agents dealing with real estate held by insolvent savings and loans. Thankful that the savings and loan crisis has ended, Janice’s focus has switched to the underwriting of large commercial transactions and to bankruptcy issues involving real estate. “It seems I just can’t get away from insolvency issues, whether it’s financial institutions or individuals and corporations.”

Janice admits that she has been lucky to be involved with the Section’s substantive programs and committee work. “My involvement with the Section as Title Insurance Committee chair was one of the most satisfying experiences in my career.” Although her term as chair of the Title Insurance Committee ended recently, she remains involved in the Section as the newly appointed chair of the Brokers and Brokerage Committee. She is also a member of the Corporate Sponsorship Committee, one of the Section’s standing committees, which helps raise funds to cover the expenses of the Section’s meetings and seminars through encouraging corporations and law firms to become sponsors of various Section events.

Janice has a passion for travel, and her attendance at ABA and Section meetings has allowed her to visit many different venues. “When I was growing up, my dad would throw the family into the car every July and off we’d go for at least three weeks, driving cross-country to see new places.” Janice has been to every state in the United States, including Alaska and Hawaii, Puerto Rico, the Virgin Islands, Canada, and Mexico, and says that her knowledge of the country has helped in her role as a title underwriter.

Janice was elected to ACREL in 1995 and currently serves on its Board of Governors. She attributes her election to ACREL, in part, to her speaking and writing about the RTC and FIRREA within the RPTE Section. In 2000, Janice was recognized as one of the first 100 women lawyers in the State of Nevada.

 Julie K. Kwon

Julie Kwon describes the path to her current position as a member of the Wealth Management Group of Bernstein Investment Research and Management as “an itinerary of detours.” As a result, she has learned to keep her eyes and mind open to new opportunities. At Bernstein, Julie provides the legal and tax expertise necessary to conduct quantitative research regarding the interplay between investment and estate planning. Before joining Bernstein, she was a partner with the Estate Planning Department of McDermott, Will & Emery, and then fiduciary counsel and legacy planner for the Midwest Region of Bessemer Trust.

Julie’s active involvement with the RPTE Section started last year when she was appointed co-chair of the Young Lawyers Network, which was created to promote membership among younger attorneys. This year, Julie is the co-chair of the GST Tax Committee, and she is excited by the challenge of moving committee members to active involvement. Julie also serves on the Diversity Committee, a Section standing committee that focuses on many of the same recruiting and retention issues as YLN. In addition, Julie has participated in several substantive law panels in past Section CLE meetings and views such participation as a way to become an expert on a substantive legal topic.

On the subject of the effect of her Section involvement on her career, Julie says, “I can honestly say that I owe my current job to the Section! My predecessor met me at a Section meeting and decided to recruit me to work with him. The rest is history!”

Julie has appreciated the opportunity to meet colleagues of the highest professional and personal caliber from all over the country. She acknowledges that she not only respects her colleagues in the Section but likes them as well. Julie notes that this makes attending and participating in Section meetings and events a whole lot of fun in addition to a learning experience.

In Julie’s spare time, she loves to cook, stating that “our daily work is abstract and intellectual, so cooking can be especially gratifying because you produce something concrete that appeals to all of your basic senses.” Julie also loves the outdoors and travels to destinations where she can go sea kayaking, scuba diving, andhiking.

 Young Lawyers Network

 Real Property and Probate “Traps” for Young Lawyers Traps in Drafting a “Simple” Will

 Direction-to-Pay-Debts Clause—A direction-to-pay-debts clause may be unnecessary. In many states, this clause was necessary historically to permit the sale of real estate free of liens or debts. But under fiduciary legislation widely adopted by states, after real estate becomes subject to administration by a personal representative, the personal representative is able to convey title free of liens. In addition, a direction to pay debts may be interpreted to require payment of debts not otherwise binding, such as those outlawed by a statute of limitations.

Tangible Personal Property Clause—A specific disposition of tangible personal property is advisable even if the same person is receiving the residue of the estate. Be careful when giving the power to divide/distribute property to an executor who is a child/beneficiary and may divide/distribute property as he or she sees fit.

Bequests to Lawyer/Scrivener in Will—Bequests to the lawyer/scrivener in a will may be legally valid but may violate the Rules of Professional Conduct.

Bequests of Real Estate—A bequest of real estate should identify specifically the bequeathed property without creating an ambiguity. It is unnecessary, however, to use a detailed description, as with a deed.

Bequests to Adopted Children—Identify specifically the desire to treat adopted children the same as natural born children to avoid litigation and possible change in laws.

Bequests to Stepchildren—Define stepchildren as children or they will not take as children.

 Traps in Real Property Practice

 Know Your Client—To properly represent your client, know the client’s ultimate business goals, including the goals of the particular transaction and the client’s goals for the business as a whole. How does this transaction fit into the client’s “grand plan”?

Communicate with Your Client—A client will feel neglected and unimportant if he or she does not hear from you frequently. Even if you do not have a particular matter to discuss, let the client know that you are always thinking of him or her. If you see an article that may interest your client, send him or her a copy. Copy the client on all pertinent correspondence for each transaction, including e-mail.

Know How to Review and Understand Title and Survey—Every transaction involving real property will require that you know the basics about title insurance and you are able to review and understand a survey, whether you represent a buyer or a seller.

Real Property Is Unique; Each Transaction Is Different—If you represent the buyer, make sure the contract allows specific performance as a remedy. Try to visit the site if you can. Seeing the project will give you a new perspective on the transaction as a whole.

Network—Doing a great job for your client is the best way to network and gain additional clients. The client will return to you for the next deal and will recommend you to others in the industry. The other side also will notice good work in a transaction. There is no better compliment than to be hired by the other side after a deal is complete. Join local and national groups with a real property focus (RPPT/YLN, ABA). Speaking at seminars and writing articles gets your name out in the industry and looks good to clients.

 Ask the Mentor

 Query: I would like to become active with the RPTE Section. How do I “sell” active membership to the partners in my firm?

The benefits of involvement in the RPTE Section are numerous! Section meetings are a very rich source of information about your area of practice. Attendees have the opportunity to (1) attend CLE programs and committee meetings to gain maximum exposure to cutting-edge developments; (2) obtain information about issues specifically applicable to your practice; (3) discuss the latest policy initiatives, regulations, legislative forecasts, and planning ideas; and (4) establish beneficial contacts and acquire names of colleagues with whom to network. In addition, the benefits for young lawyers include quick paths to speaking and writing opportunities that showcase your expertise. Such unique opportunities should appeal to any law firm partner. Also, when you return from a meeting, share the substantive information with the partners. They will appreciate such new and innovative information. As for the costs, the RPTE Section actively pursues ways of making meetings more affordable to young lawyers. One easy way to save money is to REGISTER EARLY (an “early bird” discount is available to advance registrants). Discounted ABA airfare and hotel rates are also available.