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Technology-Probate
Probate & Property
[Note: This column was originally published by the
Real Property, Probate and Trust Law Section
of the
American Bar Association
in
Probate & Property,
Vol. 14, No. 2
(March/April 2000).]
An Internet Resources Update
By Daniel B. Evans, Technology-Probate Editor
The growth of the Internet, both in the volume of information it transmits
and in its economic importance, has become a cliche. A parallel development
has been the growth in volume and importance of communications by lawyers
through the Internet and the legal resources available to lawyers through
the Internet.
Mailing Lists
Although the World Wide Web, with its colorful graphics, sound effects and
hypertext links, gets most of the publicity, "old-fashioned" e-mail and
mailing lists that can automatically distribute e-mail to large numbers of
subscribers are still a valuable resource for trust and estate lawyers.
Through the contributions of subscribers to the list, a mailing list can
serve as a news service for the latest legal developments, as a quick
"reference desk" to answer difficult questions and as a "virtual colleague"
with whom to discuss tax techniques and legal strategies.
Netiquette
The dark side of mailing lists is that they can be boring and annoying if
subscribers are not considerate and do not follow standard e-mail practices
and mailing list "netiquette." Wading through large numbers of poorly
written messages can be time consuming and frustrating. Although a single
message might waste only a few seconds of someone's time, multiplying those
few seconds for a badly written message by thousands of subscribers can
waste hours of colleagues' valuable time.
Some standard mailing list guidelines include the following:
- Before sending a question to the list, make sure you have done your
homework. Do not bother all of the subscribers to a list with a question
that can be answered in the Code or regulations. If possible, also check
the list's archives to see if the question has been discussed recently.
- When sending a message, make sure it has a descriptive subject line and
summarize the question (or comment) at the beginning of the message (not at
the end of a long, complicated recitation of facts that might or might not
be relevant). That way, readers can decide quickly if the question or
comment
is of any interest.
- Before sending any response or other message to a list, stop and consider
whether what you have to say is really useful or constructive. Messages
that begin, "I agree with . . . " are rarely useful because they fail to
contribute anything new. Messages without citations of authority and
speculations about what the law should be are similarly useless most of the
time. Consider whether to respond to a message privately, directly to the
original author, rather than responding to the whole list.
- When responding to a message, quote only as much of the original message
as necessary to make the context of the response understandable. Do not
force thousands of subscribers to waste time scrolling through a long
quotation just to find your comment at the end.
- Always send "subscribe," "unsubscribe" or other administrative commands
to the manager of the list software, not to the entire mailing list, who
can do nothing with the request but delete it and silently curse your
ignorance. The difference in the e-mail addresses is easy to understand.
Messages that are to be distributed to all of the subscribers are almost
always sent to [listname]@[domain]. Commands to subscribe or unsubscribe
are almost always sent to [software]@[domain]. So, for example, messages to
the ABA-PTL list (described below) go to aba-ptl@home.ease.lsoft.com, while
subscribe and unsubscribe commands go to listserv@home.ease. lsoft.com. If
you have a problem or complaint, send it to the list owner (usually
[listname]-owner@[domain]), not the entire list.
- Do not send out e-mail messages that have been MIME or HTML encoded. Many
e-mail readers cannot display them as intended and will see pages of
confusing symbols instead of text. Even if the text is displayed as
intended, it may turn out to be a font that is too small or too big to read
comfortably. Stick with plain ASCII text messages.
- Do not send messages to a mailing list to promote a product or service
(although some lists are amenable to occasional announcements of products
or services that are squarely on-topic for the list).
- Be tolerant. Do not attribute to malice anything that can be explained by
stupidity; do not attribute to stupidity anything that can be explained by
ignorance; and do not attribute to ignorance anything that can be explained
as humor.
Lists for Lawyers
For a list of law-related lists, try http://www.lib.uchicago.edu/-llou/
lawlists/info.html. Some of the more popular and useful lists for trust and
estate lawyers include the following:
- ABA Probate and Trust Law List. The Section's Probate & Trust Division
has been sponsoring an open, unmoderated mailing list since 1995 that is
probably the largest and most active of its kind. Unfortunately, the
increase in the number of subscribers also seems to have decreased the
signal/noise ratio. Still, if you can tolerate the large volume of messages
(often 50 or more a day) and pick out the wheat from the chaff, this list
is a prime resource. To subscribe, send a message with only subscribe
aba-pti [your name] to listserv@home.ease.lsoft.com.
- ABA Deals, Dirt, Death and Taxes (3DT) List. Another list that the
Section sponsors combines discussions of estate matters with real estate,
transactional techniques (such as limited liability companies) and tax
issues in one list. It is not as active as the ABA-PTL list, and there is
some occasional overlap between the two lists. To subscribe, send a message
with only subscribe aba-tax [your name] to listserv@abanet.org.
- ABA Tax List. The ABA Tax Section also operates a list that discusses tax
questions generally and often includes discussions of estate taxes, as well
as limited family partnerships, limited liability companies and other
corporate and partnership issues of interest to estate lawyers. To
subscribe, send a message with only subscribe aba-tax [your name] to
listserv@abanet.org.
Web Sites
One-site shopping for trust and estate law does not yet exist, but the
following sites can be useful:
- IRS. The IRS web site (www.irs. gov) can provide a variety of materials,
such as IRS forms and publications in PDF, Postscript or PCL formats
(www.irs.gov/forms_info/ bullet.html), a searchable copy of Publication 78,
"Cumulative List of Organizations,"
(www.irs.gov/bus_info/eo/eosearch.html), and the full text of the Internal
Revenue Manual (www.irs. gov/bus_ info/tax_pro/irm-part).
- U.S. Tax Court. The Tax Court has now created a web site (www.
ustaxcourt.gov/Taxcourt.htm) and is publishing its decisions daily
(searchable only by party, judge or date).
- State Tax Forms. Most states now publish their tax forms and instructions
on the Internet, and most can be found by starting with the state's home
page at www.state.XX. us, where XX is the two letter postal code for the
state, (e.g., the California home page is at http://www.state. ca.us).
There is also an index of links to state forms at www.irs.gov/prod/
forms-pubs/ ftaframes.html.
- Findlaw. Findlaw (www.findlaw.com) has become one of the most popular
sites for finding federal and state statutes, case decisions and other
materials. The site includes a collection of materials and links on wills,
trusts, estates and probate (www.findlaw.com/ 01topics/31probate/).
- Internet Law Library. Formerly hosted by the U.S. House of
Representatives, the Internet Law Library has been copied to a number of
different sites, including Lawguru.com (www.lawguru.com/ilawlib/112.htm for
the estate and trust law links).
- Cornell Legal Information Institute. This site also has an index to
estate and trust cases and statutes (http://www.law.cornell.edu/topics/
estates_trusts.html), estate planning materials
(www.law.cornell.edu/topics/estate_planning.html) and gift and estate tax
(www.law.cornell.edu/ topics/estate_gift_tax.html).
A number of lawyers and law firms also maintain web pages with articles on
trust and estate law, as well as links to other resources. Many of the more
informative sites can be found through the Findlaw and Lawguru sites listed
above.
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The Pennsylvania Estate and Trust Cybrary
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (215) 233-0988
Telecopier: (215) 233-1887
Email: dan@evans-legal.com