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8 Me B. Bull. 1 (1974)

handle is hein.barjournals/mainbabu0008 and id is 1 raw text is: VOL. 8 NO. I MAINE STATE BAR ASSOCIATION JANUARY 1974 Short- Term Trust: Use Of Mortgaged Real Estate by Peter B. Sang, Esq. The use of a short-term trust as a tax savings device is well known. Prop- erty can be set aside for the benefit of a child or aged relative and the income is taxed to the beneficiary and not the grantor. At the expiration of the trust (generally a minimum of ten years or upon the death of the income bene- ficiary) the trust assets revert to the grantor. A taxpayer interested in establishing a short-term trust must consider the fol- lowing: a) that he must give up the in- come from the property transferred for the minimum period; b) that he must forego using the assets transferred to the trust; c) that lie may be required to pay gift taxes incurred by reason of the creation of the trust; and d) that he may have to pay income taxes on real- ized capital gains added to the trust corpus.' Funding a Short-Term Trust It is often difficult to select assets to fund a short-term trust. The assets - -PA h 91) CHIEF JUSTICE BURGER ASKS CERTIFICATION OF COURTROOM TRIAL LAWYERS Warren E. Burger, Chief Justice of the United States, favors a screening and certification system for lawyers, in order to improve the quality of courtroom ad- vocacy in the more serious criminal and civil rights cases and damage suits. He says that many judges consider a ma- jority of trial lawyers not competent to give effective representation to their clients. The Chief Justice adds that his own calculation, based on more than twenty years in practice and eighteen years as a judge, is that the number of insuffic- iently trained trial lawyers ranges be- tween one-third and one-half. The Chief Justice outlined his ideas at the Fordham University Law School in New York City on November 26 as he delivered the annual John F. Sonnett Memorial Lecture; Mr. Sonnett was a leading trial lawyer in New York and an Assistant Attorney General of the United States. The Chief Justice said in the speech that American lawyers must go beyond informal and voluntary specialization to a system of certification of advocates, beginning with trial lawyers as the medical profession did when it started limiting the practice of surgery. Chief Justice Burger asked both law- yers and their organizations to study the problem and to take steps to im- prove trial advocacy in American courts. He said that the quality of both defense and prosecution was in serious need of improvement. The whole public and not just law- yers must cooperate to see that the needed changes are made, Chief Justice Burger said. He insisted: While the legal profession must obviously lead in this effort, the in- - see p. 25 New Cause Of Action For Consumers By Assistant Attorney General John E. Quinn Of The Consumer Fraud Division INTRODUCTION By Attorney General Jon A. Lund The enactment of the Unfair Trade Practices Act in 197o has been closely followed by a series of significant amendments clarifying the remedies available under the Act and providing for payment of counsel fees by the un- successful defendant. The small Consumer Fraud Division has a heavy current caselqad, and as a consequence is compelled to be selective in deciding what cases to pursue. If the public is to be adequately protected against unfair and deceptive trade prac- tices, it will require awareness and par- ticipation on the part of the members of the Maine Bar. In order to alert the Maine Bar to the useful tools embodied in the Unfair Trade Practices Act, I have suggested the submission of the fol- lowing article by Assistant Attorney General John E. Quinn of the Con- sumer Fraud Division. - see p. 26 ADVISORY COMMITTEE ON CIVIL RULES PROPOSED RULES AMENDMENTS At its Annual Meeting held in Au- gusta on Friday, January 4, 1974, the Advisory Committee on Civil Rules - meeting for part of the session with the Advisory Committee on Criminal Rules, headed by Harold D. Carroll of Bidde- ford - gave its preliminary approval to six amendments. The full text of these proposed amendments, together 'with the proposed Advisory's Committee notes, are being posted at the Clerk of Courts Office in each county. Before the Committee submits its final recommendations to the Supreme Ju. dicial Court, we earnestly solicit the - see p. 19 The BULLETIN Salutes SOMERSET COUNTY

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