MIDYEAR MEETING & CONFERENCE
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1 WSBA CLE Invested in your success Real Property, Probate and Trust Section MIDYEAR MEETING & CONFERENCE agenda FRIDAY SUNDAY JUNE 8 10, 2018 Suncadia Resort and Spa 3600 Suncadia Trail Cle Elum, WA
2 2018 Real Property, Probate and Trust Section MIDYEAR MEETING & CONFERENCE CREDITS This seminar has been approved for 12 CLE credits, including 2 Ethics, and 8 Law and Legal Procedure, and 2 Other. TUITION $425 RPPT Section Member (discount applied at checkout) $450 Standard/Non-Section Member SECTION PARTNER WSBA Real Property, Probate and Trust Section CHAIR/CO-CHAIRS PROGRAM CHAIR: Annie T. Fitzsimmons University Place, WA PROGRAM CO-CHAIRS: Tiffany Gorton KHBB Law, Seattle Timothy W. Jones JLL, Seattle DATES Friday Sunday, June 8 10, 2018 VENUE Suncadia Resort and Spa 3600 Suncadia Trail Cle Elum, WA REGISTRATION Online at wsbacle.org enter in the search field. WSBA CLE #18704 JOIN US for this annual credit-earning, relationship-building event at the spectacular Suncadia Resort. Stay current in your practice by learning up-to-the-minute content in a collegial atmosphere. Explore current issues, gain new insights, and discover new solutions for handling the myriad challenges faced by you and your clients. Be exposed to the case law and legislative updates on which you rely Explore complex ethics of negotiation (with a few laughs) and courtroom do s and don ts Combat cyber fraud in your office and learn how to help your clients do the same Embrace healthy lifestyles that allow you to do more by working less Choose concurrent sessions focusing on hot topics in real property and probate/trust areas including: Trust and estate disputes after the Rathbone decision, estate and tax planning in light of 2017 federal tax updates, and end-of-life planning for clients with dementia Understanding and application of the new Common Interest Ownership Act, implementation of the new tax law, new and revised commercial forms, new (2017) BOMA rules, and more. In addition to the sessions, this conference is the premier opportunity to create and reinvigorate your networks by connecting with colleagues during gatherings throughout the weekend and at the receptions on Friday and Saturday evenings, including a special new-member event on Friday night. SPECIAL EVENT: The 6th Annual Fun Run in honor of Scott A.W. Johnson will take place on Saturday morning. Registration and sponsor information will be posted on the RPPT website. Bringing the family? Check out the many recreational activities at Enjoy the 6400 acres of natural beauty, swim and fitness center, golf, spa, mountain biking, kayaking, fly fishing, horseback riding, tennis, and hiking. Adult entertainment includes fine dining, winery and spa. For information about lodging at Suncadia Resort please see the back page of this booklet. 2
3 DAY 1 FRIDAY, JUNE 8, :45 a.m. Check-in Walk-in Registration Coffee and Pastry Service 12:50 p.m. Welcome and Introductions by Program Chair Annie T. Fitzsimmons University Place, WA 1:00 p.m. The Ethics of Negotiations: Are There Any? Sure, we all puff a bit when we negotiate, but that s OK, isn t it? Nationally renowned speaker Mike Rubin, with his unique blend of scholarship and humor, and with one of the most unusual multi-media presentations you ll ever see, will challenge your thinking, raise issues to ponder, and give you something to smile about. Michael Rubin McGlinchey Stafford PLLC, Baton Rouge, LA 2:00 p.m. Probate & Trust Update This will be a discussion of the last 12 months most important cases and legislation in the areas of estate planning, probate, and trusts. RoseMary Reed Stokes Lawrence PS, Seattle 3:00 p.m. BREAK 3:15 p.m Real Property Update This session will review recent legislation, regulatory matters, and court decisions affecting real estate transactions in Washington. Scott B. Osborne Foster Pepper PLLC, Seattle 4:15 p.m. Book Discussion: Rest and Healthy Lifestyle Rest: Why You Get More Done When You Work Less, by Alex Soojung-Kim Pang, describes tools and strategies to help you be more creative and/or productive. You will learn how the right schedules, routines, walks, and naps can help stimulate creativity and productivity. Recovery, exercise and deep play will help you sustain productivity and creativity. Sandra Lynn Perkins Sandra Lynn Perkins PLLC, Seattle 5:15 p.m. Real Property, Probate and Trust Section Business Meeting 5:20 p.m. Adjourn Day 1 Hosted* Wine Tasting Reception immediately following today s program. * We wish to recognize and thank U.S. Bank for underwriting this reception. Please join us for a relaxing opportunity to visit with your peers from around the state. 7:00 p.m. New Member Event** ** New Members are those who have been admitted to practice in Washington for fewer than five years. We wish to recognize and thank Lane Powell for graciously hosting this event. 3
4 DAY 2 SATURDAY, JUNE 9, :45 a.m. Late Check-in Walk-in Registration Coffee and Pastry Service MORNING PLENARY SESSION 8:25 a.m. Welcome and Introductions by Program Chair and Co-Chair Annie T. Fitzsimmons University Place, WA Tiffany Gorton KHBB Law, Seattle 8:30 a.m. Cybersecurity Systems and Your Team Cybersecurity systems play a large part in keeping your data safe from criminals but attorneys and clients also have a role when it comes to proper online procedures. This session will address cybersecurity systems and will include ways to train you, your firm, and your clients on how to protect data. We will discuss how to incorporate security measures into your firm s current culture so that you become your own cybersecurity expert. Brian Albright Albright Managed Networks LLC, Lynnwood CONCURRENT SESSIONS 9:30 a.m. Judicial Perspectives on Courtroom Ethics A trial court judge and an appellate court judge, both former trial lawyers, will provide commentary and lead a discussion on ethical pitfalls in litigation, the applicable ethical rules, and how to keep both you and your client out of ethical hot water. Judge John Erlick King County Superior Court, Seattle Judge Brad Maxa Washington Court of Appeals, Div II, Tacoma 10:30 a.m. BREAK and move to concurrent sessions Choose between two content tracks. Attendees are free to move back and forth between the concurrent tracks. REAL PROPERTY TRACK 10:45 a.m. Bankruptcy Issue Spotting for the Transactional Real Estate Lawyer This session will cover the structuring and drafting of real estate transactions to address risks arising in common bankruptcy scenarios, including bankruptcy filings by tenants, landlords, LLC members, TIC co-owners, and commercial real estate borrowers. Learn about the impact of such filings on your non-bankrupt clients and what you can do to mitigate future bankruptcy risks. Gregory Fox Lane Powell PC, Seattle PROBATE & TRUST TRACK 10:45 a.m. Tax Cuts and Jobs Act It s More Than an $11.2 Million Exclusion This session will provide an overview of the key changes in the 2017 Tax Act that impact individual taxpayers, estates, and trusts. Although the massive increase in the applicable exclusion may be top of mind for estate planners, we will also focus on the individual and trust income taxation changes that estate planners will want to remember as we plan for ourselves and our clients for the next seven years. Kristi Mathisen Laird Norton Wealth Management, Seattle 4
5 DAY 2 SATURDAY, JUNE 9, 2018 REAL PROPERTY TRACK (continued) 11:45 a.m. Commercial Brokerage Association Forms: Common Questions and Introduction to New Software Platform PROBATE & TRUST TRACK (continued) 11:45 a.m. Best Practices for Early Termination of CRTs (and Other Partly Charitable Arrangements) Chris and Hunter will present on the Commercial Brokerage Association s forms for commercial real estate transactions, including answers to common issues and questions related to both the leasing and purchase and sale forms. This session will also include an introduction to CBA s new and more user-friendly software platform. Hunter Jeffers Foster Pepper PLLC, Seattle Christopher R. Osborn Foster Pepper PLLC, Seattle This session will address: 1) why an income beneficiary would want to terminate his or her interest prematurely; 2) the three basic forms a termination might take; 3) typical and less common issues that will or may arise; and 4) ways to handle those issues. J. William Zook, Jr. Evergreen Planned Giving LLC, Seattle 12:45 p.m. Adjourn Day 2 5:30 p.m. No-Host Reception 5
6 DAY 3 SUNDAY, JUNE 10, :30 a.m. Late Check-in Walk-in Registration Coffee and Pastry Service MORNING PLENARY SESSION 7:55 a.m. Welcome and Introductions by Program Chair and Co-Chair Annie T. Fitzsimmons University Place, WA Timothy W. Jones JLL, Seattle 8:00 a.m. Marketing Your Practice Whether you are one member of a large firm or the only member of your own firm, effective marketing is necessary for success. Effective marketing may put you, as an associate, in the spotlight with the partner whose work you want to support. Or it may mean that you wisely leverage daily activities to promote your law practice. This seminar will help you develop marketing practices for yourself and for your firm. Meghan Spradling Miller Nash Graham & Dunn LLP, Seattle Cynthia Voth Miller Nash Graham & Dunn LLP, Seattle CONCURRENT SESSIONS 9:00 a.m. Move to concurrent sessions Choose between two content tracks. Attendees are free to move back and forth between the concurrent tracks. REAL PROPERTY TRACK 9:05 a.m. The New Washington Common Interest Ownership Act: Big Changes for Common Interest Community Attorneys in 2018 PROBATE & TRUST TRACK 9:05 a.m. Trust and Estate Litigation after Rathbone: Jurisdiction, Standing, and Other Considerations On July 1, 2018, the new Washington Common Interest Ownership Act (WCIOA) will become effective. It creates new rules for the creation of common interest communities, management of homeowner associations, and marketing of common interest real estate. This session will provide an overview of WCIOA for attorneys involved with common interest communities. Joseph P. McCarthy Stoel Rives LLP, Seattle Four experienced trust and estate litigators will discuss current issues and trends in trust and estate litigation including the impact of the Washington Supreme Court s recent decision in Estate of Rathbone on representing fiduciaries and beneficiaries, standing to bring a proceeding under TEDRA, and who is required to receive notice of a proceeding, and other issues now that TEDRA is approaching 20. Karen Bertram KHBB Law, Seattle Karolyn Hicks Stokes Lawrence PS, Seattle Stephanie Taylor Randall Danskin PS, Spokane Ann Wilson Law Offices of Ann T. Wilson, Seattle 6
7 DAY 3 SUNDAY, JUNE 10, 2018 REAL PROPERTY TRACK (continued) 10:05 a.m. BREAK 10:20 a.m. BOMA Standard Methods of Measurement PROBATE & TRUST TRACK (continued) 10:05 a.m. BREAK 10:20 a.m. Fiduciary Risk and Discretionary Distributions: Managing Risks Associated with Discretionary Distributions This hour-long seminar will feature a presentation about the Building Owners and Managers Association (BOMA) Standard Methods of Measurement. It will cover the history and background, types of standard methods for measuring rentable sq. ft., and lead a high-level discussion about its logistics and acceptance of the standard by various practices by region. The seminar will also cover the specifics of the measurements and students will come away with an understanding of how the current 2017 Office Standard differs from the previous standard and high-level points of the new standard. Topics will be discussed with the use of PowerPoint presentations, lectures and Q&A. Kelly Freiborg Nelson, Seattle 11:20 a.m. Tax Reform Impact on Construction and Real Estate Companies This session will provide practitioners with a review of the discretionary standards that a trustee must utilize when making distributions from a trust from the perspectives of trust officers. This panel will focus on the drafting issues that can either frustrate or effectuate a trustor s intent by using real-life examples of the trustee s experiences with discretionary trusts. Anna C. Johnson Ascent Private Capital Management of U.S. Bank, Seattle Alicia O Mary Washington Trust Bank, Spokane MODERATOR: Stephanie Taylor Randall Danskin PS, Spokane 11:20 a.m. Advising Clients in End of Life Planning The 2017 tax reform reconciliation act, also known as the Tax Cuts and Jobs Act, represents the most sweeping rewrite of the federal tax code in more than three decades. This session will focus on industryspecific changes for construction and real estate companies. We will explore and discuss changes related to such items as the new pass-through entity business income deduction, business interest deduction limitation, first-year bonus depreciation, and more. Alex Ratner Moss Adams, Seattle This session will: provide an overview of the law regarding the right to self-determination at the end of life; discuss end-of-life options including Washington s Death with Dignity Act, voluntary stopping eating and drinking to hasten death, and dementia-specific advance directives; and address drafting tips and considerations in advising clients with regard to advance care and end-of-life planning. Carla Calogero Reed Longyear Malnati & Ahrens PLLC, Seattle 12:20 p.m. Adjourn Day 3 7
8 Washington State Bar Association th Avenue, Suite 600 Seattle, WA WSBA CLE Invested in your success. Nonprofit Org. U.S. Postage Paid Seattle, WA Permit No Real Property, Probate and Trust Section MIDYEAR MEETING & CONFERENCE FRIDAY SUNDAY JUNE 8 10, 2018 Suncadia Resort and Spa 3600 Suncadia Trail Cle Elum, WA LODGING INFORMATION: The room block cut-off is May 9th, after which reservations are based on availability and the room prices may increase. ONLY ONE WAY TO RESERVE: Please call and let reservations know you are with the RPPT Conference. The room block is for Friday and Saturday evenings at the rates below: Lodge Deluxe River View $239 Lodge One Bedroom Resort View Suite $259 Lodge One Bedroom River View Suite $289 Thank You to our sponsors! ALPS BECU Washington Trust Bank Wells Fargo
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