Firm

Fabian VanCott
fabianvancott.com
Location: Salt Lake City, Utah, USA
Founded: 1874
Member since: 2019
Lawyers: 65

A conversation about helping schools navigate change and finding perspective in the outdoors.

Ally Law: You are not originally from Utah, but Utah has clearly become an important part of your life. How did that connection begin?

Joan Andrews: I am originally from Long Island. My parents had been vacationing in Park City, Utah, and they liked it there. This was around 1991, when I was in college. My dad was getting the local Park City newspaper delivered to Long Island to keep an eye on the real estate market, and one day he saw that the local high school principal was retiring. He said to my mom, “I should apply for that job.” So he applied to become the next principal of Park City High School, and the next thing we knew, he got the job and my parents were relocating from Long Island to Park City.

Ally Law: Did that family connection to education influence the work you do now?

Joan: It was part of it. I had thought about going into teaching myself. I did some observing in a junior high and said, “No way am I ever going to do this!” But I honestly did not even realize education law was a thing at the time. I took an education law class during law school at the University of Utah, and it took me a while to route my career that way. But it ultimately ended up being a large part of what I do.

Ally Law: What were you doing before law school?

Joan: I did not know exactly what I was going to do after undergrad. I had gone to Dartmouth, and some friends and I were big skiers. Two of my best friends and I got a place on Park Avenue in Park City and waited tables at Wasatch Brew Pub at the top of Main Street. I did that for a bit until I kind of said, “Well, this is really not a viable career path.” So I started applying to law school and ended up at the University of Utah.

Ally Law: Your practice now sits at the intersection of employment law and education law. What kinds of issues are your school clients facing?

Joan: Most of my school work is on behalf of K-12 schools, both public and private. In the public context, that often means traditional school districts. Schools are the crucible for everything that is going on in society, so the big issues of the day find their way into school systems. That can include employment issues, student discipline, student expression, bullying, sex discrimination under Title IX, and questions about how schools respond to changes in federal and state law. My clients run the gamut in terms of their communities and priorities, so my role is not to opine on what the law should be. It is to say, “This is the current state of the law. Here are the issues. Here is how you can move forward.”

Ally Law: How much of your work is proactive counseling, as opposed to litigation after something has already happened?

Joan: I do a little bit of both, but there is definitely quite a bit of proactive advising and preventive law. That is true on the employment side, and it is true in other areas as well. In education work, a lot of what I do involves helping clients think ahead: policies, compliance, training, investigations, and how to address issues before they become bigger problems. I also do litigation on behalf of school districts. Some claims for damages go to the state attorney general’s office, and sometimes the AG’s office retains me and my colleagues here at Fabian VanCott. In those cases, it can be nice because I may keep the case from start to finish instead of handing it off midway.

Ally Law: Do schools tend to be forward-thinking clients?

Joan: It is a bit of a mix. The thing that is probably most different about schools is that they are very mission-driven. They serve a specific function: providing education. At the same time, things can change quickly, either because of legislation or because school districts are governed by elected boards of education. Depending on the current circumstances, priorities can shift. But for the most part, there is a lot of stability and long-term planning. It is  usually not overnight change. Even when there is a major change in direction, we often have some warning about what may be coming down the pipeline, and then the work becomes helping clients understand what it means and how to respond responsibly.

Ally Law: What do you enjoy about working with educational institutions?

Joan: I like that schools are mission-driven. The work is practical, and it matters. You are helping institutions that are serving children, families, employees, and communities. That does not mean the issues are simple. They can be legally complex and emotionally charged. But the purpose of the work is clear, and I find that meaningful.

Ally Law: When the work is intense, what helps you decompress?

Joan: For me, it goes back to the reason for being in Utah to begin with: incredible access to the great outdoors, regardless of the time of year. In the winter, I ski and snowboard. I also love snowshoeing. In the summer, I cycle, golf, paddleboard, and enjoy traveling within about a 300-mile radius of Salt Lake City – the area is full of natural wonders.

Ally Law: That gives you a lot of choices.

Joan: It really does. We have amazing national parks and public lands nearby: Yellowstone, Grand Teton, Zion, Bryce, Canyonlands, Arches, Capitol Reef, Great Basin and many other places. There are places where you can go primitive camping and just get away. Getting out in nature is probably the thing that gives me the most peace and is an almost-guaranteed recharge.