of different sizes—solo practitioners, small firms, and larger firms—to see if there is a way that the VBA can assist in those transi- tions for our members, because I feel that in everyday practice it’s hard to be thinking about those things while you are just trying to practice law. We need to be cognizant of change because it is coming. There are different changes that I already see: tech- nological changes and how they impact how we practice law. If you are not stay- ing connected, you are losing opportuni- ties that other people have. You are losing marketing opportunities as well if you are not learning how to use technology in your practice. When you look at the users of the system out there, the clients, they are more educated because of technology. They have a lot at their fingertips, just through Internet and Google and other resources out there, and they make larger demands on us and have more specific requirements of us. They are more educated as users of the legal system, so they can make those demands pretty clearly, and if you aren’t able to meet those demands, they will find alternate counsel. We really have to be more efficient, and I think someone said at our retreat, more “nimble.” I like that word. I think that in the practice of law we are go-
ing to have to start making some adjust- ments to remain competitive.
BP: Are you seeing that clients maybe
don’t come in here now to say I need you to represent me on “X” from beginning to end? I mean I hear from my counterparts in other states that their bars are talking about clients going in to see their lawyers armed with the research they have done through Google or FindLaw or whatever; and they come in with printed out docu- ments and tell the lawyer what the lawyer should do. Right or wrong? Have you run into that yet? AB: Often. In family law there are a lot of forms available at the Vermont judiciary website. And the statutes are pretty easy to find and read, but the application of that law is not necessarily as clear cut as what the statutes suggest. It’s hard to makes sure your clients have a realistic expectation and understanding of what it is they are read- ing versus how that is going to translate into a decision that the judge may make in their case. That is a challenge. What I found though is that if you know that is a chal- lenge and you meet that challenge, you can work with clients in a variety of ways. Now with the unbundling rules, I have of- ten taken a case where I might just help the client draft a settlement agreement be- cause the parties may have gone to media- tion and the client just needs someone to help with that part of it. I have been hired to help with a nuance of litigation, whether it is a child support issue or a custody is- sue, rather than the entire case. Just being ready to understand those challenges and meet them, allows you to change or adapt your practice in a way that keeps you com- petitive and meeting clients’ expectations.
BP: Keeps you nimble. AB: Keeps you nimble, yes.
BP: So, a task force to look at the future of the practice in Vermont. That is kind of an interesting idea. Do you want to add anything more about this? AB: I have a small plan, but nothing has developed into the BIG plan yet. My hope is to talk about it at the board level and get some other people to give input into the idea. I welcome our members input. I feel like we need to help our members to understand that these changes are coming, because some of us may be unprepared for it. I don’t really want to say our mem- bers are resistant to change, but change is tough.
BP: Change is tough. AB: If we all want to stay competitive, we have to recognize that there are opportuni- ties for us as long as we can work through these changes together. We need to look
8 THE VERMONT BAR JOURNAL • FALL 2012
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around at other states and see what is oc- curring. There are areas of change that we should be thinking about, whether it be technology that’s available and how it’s go- ing to affect our practice, fee structure op- portunities, etc. I feel that we need to start talking about the potential changes, know what opportunities may be out there, and try to stay ahead of the curve.
BP: I especially like you talking about the VBA educating our members about, and staying ahead of, change, anticipating change, because you are right—lawyers go to work every day and serve their cli- ents, and don’t even think about the over- all movement as to where it is going. AB: That is what the VBA does well. Looking back, when I attended the Bar Leadership Institute, I was impressed to find when speaking to bar leaders and ex- ecutive directors from other states that the VBA, historically, seems to stay ahead of the curve while other bars are continually playing catch up. It was interesting to hear about what those associations are doing and find that in many cases they are just getting to where we were years ago. I think this is a compliment to our team, with you as executive director, our wonderful staff, and our board.
BP: That’s good to hear. Anything else you want to add to our conversation, any- thing that I didn’t ask you? AB: These are some of the challeng- es that I have been thinking a lot about. I would also like to let our members know that we appreciate their feedback, whether through surveys or direct communication. Our members want the VBA to continue to provide high quality, low cost CLEs and to continue to represent them well in the leg- islature. I know these are areas our mem- bers look to us on and I want to make sure that we continue to meet that expectation.
BP: Good point. AB: Finally, to our members, I encourage
you to join me in thinking about the future practice of law. I also hope over the course of the coming year, you will feel comfort- able approaching me with any ideas you have about how your bar association can help you and your practice. Thank you for this honor and I look forward to working with you all.
President’s Column
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