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Download PDF File NEW YORK STATE BAR ASSOCIATION JULY/AUGUST 2021 Journal VOL. 93 | NO. 4 CONNECT WITH NYSBA VISIT NYSBA.ORG Momentum Grows for Supreme Court Takes Gun Law Case for the LAW PRACTICE NYSBA-Backed Bill First Time in a Decade MANAGEMENT: Georgia vs. New York on Voting Rights: THE IMPORTANCE OF To Repeal NY’s Law No Contest COMMUNICATION IN Office Requirement The Beleaguered Sport of Thoroughbred THE NEW NORMAL Christian Nolan Horse Racing THE NEW YORK STATE BAR ASSOCIATION INSURANCE PROGRAM PUBLICATIONS Power of Attorney Form: 2021 Update New York State recently reformed the Statutory Short Form Power of Attorney for purposes of financial and estate planning, effective June 13, 2021. The changes are designed to simplify the POA form, allow for substantially compliant language as opposed to exact wording, provide safe-harbor provision for good-faith acceptance of an acknowledged POA, and allow sanctions for those who unreasonably refuse to accept a valid POA. USI Affinity Where Lawyers Go For Protection. A Full Suite of Insurance Solutions. For You, Your Family, and Your Practice. LexisNexis® NYSBA’s Automated Microsoft® We go beyond professional liability to offer a complete range of insurance solutions Power of Attorney Form (2021) Word Version covering all of your needs, while providing exclusive insurance and benefit solutions not available to the general public. • This version is a fully automated document-assembly • This version of the New York State Statutory Power drafting system, powered by HotDocs®. of Attorney is formatted using Microsoft Word. Lawyers’ Professional Liability Life & Disability • It eliminates the need for repetitive typing, cutting, • Users simply utilize the tab key to enter information and pasting, along with the risk of errors that often into the fields included. 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Annual renewals by LexisNexis®. at 1.855.USI.0100 or www.NYSBAInsurance.com ORDER ONLINE: NYSBA.ORG/POA | ORDER BY PHONE: 800.582.2452 www.NYSBAInsurance.com THE NEW YORK STATE BAR ASSOCIATION INSURANCE PROGRAM USI Affinity Where Lawyers Go For Protection. A Full Suite of Insurance Solutions. For You, Your Family, and Your Practice. We go beyond professional liability to offer a complete range of insurance solutions covering all of your needs, while providing exclusive insurance and benefit solutions not available to the general public. Lawyers’ Professional Liability Life & Disability Business Insurance Dental & Vision Cyber Liability Auto, Home & Renters Call today for more information on the insurance product available to New York State Bar Association members, including a NYSBA professional membership credit. Powered by Contact USI Affinity at 1.855.USI.0100 or www.NYSBAInsurance.com www.NYSBAInsurance.com JournalNEW YORK STATE BAR ASSOCIATION COMMITTEE ON COMMUNICATIONS AND PUBLICATIONS Prof. Michael L. Fox, Chair Kelly McNamee, Vice Chair Prof. Hannah R. Arterian Marvin N. Bagwell Jacob Baldinger Brian J. Barney Mark Arthur Berman Earamichia Brown Hon. Janet DiFiore Daniel H. Erskine Michael W. Galligan Sarah E. Gold Ignatius A. Grande Mohammad Hyder Hussain Prof. Michael J. Hutter, Jr. Hon. Barry Kamins Elena DeFio Kean Paul R. Kietzman Daniel Joseph Kornstein Ronald J. Levine Peter H. Levy Julia J. Martin David P. Miranda Gary R. Mund Marian C. Rice PUBLISHER Pamela McDevitt Visit the Executive Director NYSBA CHIEF COMMUNICATIONS STRATEGIST Coronavirus (COVID-19) Susan DeSantis PRODUCTION EDITORS Information Center Pamela Chrysler Alyssa Colton SENIOR WRITER Get the latest Christian Nolan CONTRIBUTORS Brendan Kennedy Courts Brandon Vogel DESIGN Lori Herzing Latest News and Information Erin Corcoran CLE Programs Christine Ekstrom COPY EDITORS Alex Dickson Informational Webinars (Non CLE) Reyna Eisenstark Howard Healy NYSBA Updates and Cancellations EDITORIAL OFFICES One Elk Street, Albany, NY 12207 518.463.3200 • FAX 518.463.8844 Wellness www.nysba.org NYSBA ADVERTISING MCI USA Holly Klarman, Account Executive [email protected] NYSBA.ORG/COVID-19-INFORMATION-UPDATES 410.584.1960 SUBMISSIONS Send articles to [email protected] Review submission guidelines at nysba.org/journalsubmission JournaNEW YORK STATE BAR ASSOCIATION l Contents JULY/AUGUST 2021 VOL. 93 | NO. 4 8 Momentum Grows for NYSBA-Backed Bill To Repeal NY’s Law Office Requirement by Christian Nolan In this issue: Departments: 12 Supreme Court Takes Gun Law Case for the First 5 President’s Message Time in a Decade 37 Law Practice Management: by Margaret J. Finerty The Importance of Communication in 17 The Beleaguered Sport of Thoroughbred Horse the New Normal Racing by Carol Schiro Greenwald by Bennett Liebman 40 Hilary on the Hill On Capitol Hill, It’s Already 2022 22 Georgia vs. New York on Voting Rights: No Contest by Hilary Jochmans by Brad Karp and Robert A. Atkins 43 Attorney Professionalism Forum 25 The Supreme Court and Voting Rights: Time by Vincent J. Syracuse, Adam M. To Intervene Felsenstein and Alyssa C. Goldrich by Michael Glanzer 47 State Bar News in the Journal 30 Beyond Surrogacy: Parentage Under the Child Parent 50 Classifieds Security Act by Mariette Geldenhuys 51 Marketplace 52 Meet the Officers 34 Using Technology To Assist Treatment Court Participants in the Age of COVID-19 54 Sustaining Members by Susan Sturges and Steven Helfont 57 2021–2022 Officers 58 The Legal Writer The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and by Gerald Lebovits are not to be attributed to the Journal, its editors or the New York State Bar Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. 62 In Honor of the Man Behind For submissions guidelines: www.nysba.org/JournalSubmission. Material accepted may be published or made available through print, film, electronically and/or other media. Copyright “The Legal riter”W ©2021 by the New York State Bar Association. Single copies $30. Library subscription rate is $210 annually. Journal (ISSN 1529-3769) is published bimonthly (January/February, March/ April, May/June, July/August, September/October, November/December) by the New York State Bar Association, One Elk Street, Albany, NY 12207. Periodicals postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes to: Journal, One Elk Street, Albany, NY 12207. POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit LEGAL Amount $ 1,500.00 INDUSTRY Reference NEW CASE The easiest way to accept credit, debit, and eCheck payments Card Number **** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. ACCEPT MORE PAYMENTS WITH LAWPAY LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Synovus Bank, Columbus, GA. 855-759-5284 | lawpay.com/nysba PRESIDENT’S MESSAGE T. ANDREW BROWN The Past Year Offered Unique POWERING Opportunities for PAYMENTS Transformation; FOR THE Let Us Boldly Seize Trust Payment IOLTA Deposit LEGAL Amount Them and Not Shy $ 1,500.00 INDUSTRY Reference Away From Change NEW CASE The easiest way to accept credit, debit, and eCheck payments Card Number he past year has taxed us – our nation, our state, employees and attorneys alike. Now that there is light at Tour profession and our society – in ways no one the end of the pandemic tunnel, and the availability of **** **** **** 4242 vaccines has facilitated the reopening of our courts and The ability to accept payments online has could have predicted or desired. The twin crises of the coronavirus pandemic and social justice as they relate to offices, it is time for us to take stock of the changes that become vital for all firms. 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