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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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