COUNTYNEW YORK LAWYER

April 2011 Visit us at www.nycla.org Volume 7 / Number 3 MESSAGE FROM JAMES B. KOBAK JR. INSIDE PRESIDENT OF THE NEW YORK COUNTY LAWYERS’ ASSOCIATION April Theme: Pro Bono Law Day 2011: The Legacy of John Adams: Pgs. 5 – 11

From Boston to Guantánamo Volunteer for Since 1958, the United States has cele- NYCLA’s Dedication to Law Week: May 2-5 Pg. 2 brated Law Day in recognition of our Due Process of Law country’s commitment to the rule of law. Throughout its history, NYCLA has The theme of this year’s Law Day, on May been dedicated to the tenets of due process Member Benefits Pg. 5 1, is “The Legacy of John Adams: From – the promotion of access to justice and the Boston to Guantánamo,” and it spotlights, active pursuit of reform in American in the words of ABA President Stephen N. jurisprudence. Zack, “our nation’s first lawyer-president In 1966, NYCLA became a signatory to NYCLA’s Mentoring and fosters understanding of the historical New York City’s Assigned Counsel Plan Program Launches Second and contemporary role of lawyers in under Article 18-B of the County Law to defending the principle of due process and provide representation to indigent criminal Season Pg. 8 the rights of the accused.” Despite his role defendants and, in 2000, filed a lawsuit as a prominent leader in colonial resistance that helped obtain increased compensation to the British and concern that his reputa- for freedom of speech and of the press and, for those representing indigent defendants. Transportation Discounts tion would be tarnished, Adams defended a some 50 years later, these doctrines were The NYCLA Justice Center, established for Members Pg. 10 British officer and soldiers who fired into a incorporated in the First Amendment of in 2002, has sought to combine the crowd of protestors and killed five civilians our Constitution. resources, position and membership of in the 1770 Boston Massacre. Notably, Cass Gilbert, NYCLA’s Home NYCLA with those of academia, the bench of Law architect, modeled the second-floor and the bar, and to partner with non-lawyer Andrew Hamilton: Defender of auditorium after Philadelphia’s community leaders and groups to identify Freedom of Speech and the Press Independence Hall, which had purportedly and understand legal and social justice Another patriot who represented unpop- been designed by Andrew Hamilton. In issues, promote access to justice and act as ular clients in colonial America was 1933, NYCLA President Charles A. a catalyst for meaningful improvement in Andrew Hamilton, brother of one of Boston suggested naming the auditorium the justice system of New York State. Since TABLE OF America’s founding fathers, Alexander “Hamilton Hall” as a legacy to “the its inception, the Justice Center, currently Hamilton. In 1734, the 80-year-old courage [of Andrew Hamilton] to come to chaired by Hon. George Bundy Smith CONTENTS Hamilton defended John Peter Zenger, a the City of New York and defend Zenger in (ret.), Associate Judge, New York Court of printer and publisher, who had been the accusations that were made against him Appeals, has sponsored conferences, pub- Annual Meeting Notice ...... 4 accused of criminal libel and sedition after and for his endeavor to protect the freedom lic fora and documentary screenings, CLE Programs ...... 13 his newspaper, the New York Weekly of the press when two members of the New released reports and co-sponsored pro- CLE Tech Programs ...... 14 Journal, criticized the British royal gover- York bar had been disbarred for daring to grams for the Youth Law Education Project nor. Zenger’s case was a landmark victory do it....” (See Message from the President on Page 12) Ethics Hotline ...... 3 Events Calendar...... 2 Law Day Luncheon ...... 1 Law Day Luncheon to Pay Tribute to Library Notes...... 10 Member Benefits ...... 5 Hon. Bernard J. Fried on April 29 Member News ...... 3 On Friday, April 29, beginning at 11:30 former New York State trial and appellate Message from the Director AM, NYCLA’s Supreme Court court judges. of the CLE Institute ...... 4 Committee is hosting its annual Law Day The 2011 Law Day theme, “The Legacy Luncheon at Cipriani Wall Street, 55 Wall of John Adams: From Boston to Message from the Outgoing President Street, where the Hon. Louis J. Capozzoli Guantánamo,” celebrates the legacy of of the NYCLA Foundation ...... 3 Gavel Award will be presented to Hon. John Adams, explores the historical and Message from the President ...... 1 Bernard J. Fried, Supreme Court Justice, contemporary role of lawyers in defending Commercial Division, New York County, the rights of the accused, and renews peo- Musicians From Marlboro...... 12 by Hon. Judith S. Kaye, Of Counsel, ple’s understanding of and appreciation NYCLA’s Mentoring Program ...... 8 Skadden, Arps, Slate, Meagher & Flom for the fundamental principle of the rule of Hon. Bernard J. LLP and former Chief Judge of the State law. Fried 100 Percent Membership...... 6 of New York. Law Day remarks will be Pro Bono Programs ...... 5 delivered by Hon. Eric T. Schneiderman, Hon. Bernard J. Fried Practice of Law Series...... 12 New York State Attorney General. This Justice Fried, a graduate of Brooklyn annual event attracts dozens of present and Law School, clerked for Hon. Charles D. Public Policy Developments ...... 10 Breitel, (then) associate judge, New York Recent Events ...... 8 Court of Appeals. From 1970-72, he was a senior Fulbright scholar in Seoul, Korea. Substance Abuse Hotline...... 13 Thereafter, he was an assistant United Transportation Discounts...... 10 States attorney for the Eastern District of Hon Eric T. Update on 55th Session of U.N. (See Law Day Luncheon on Page 13) Schneiderman Commission on Status of Women.10 2 April 2011 / The New York County Lawyer EVENTS CALENDAR Tell Us How We’re Doing NYCLA WANTS YOUR FEEDBACK Events are subject to change; please check the Association’s website, Input regarding our programs, benefits and services helps NYCLA serve you, www.nycla.org, for schedule changes and additions. our members! paced and ever-changing digital environ- PLEASE LET US KNOW WHAT WE CAN DO TO MAKE YOUR MEM- April ment. BERSHIP EXPERIENCE BETTER. Sponsor: Entertainment, Media, SPECIAL EVENT IN HONOR OF Intellectual Property and Sports Law We encourage all responses. Email [email protected], or to remain anonymous, WOMEN’S HISTORY MONTH: Section’s (EMIPS) Entertainment and put your comments in a drop box in NYCLA’s lobby or mail to: NYCLA, 14 EDITH I. SPIVACK AWARDS RECEP- Media Law Subcommittee Vesey Street, New York, NY 10007 (without a return address. Thank you! TION FREE Monday, April 4 - 6:00 PM RSVP: [email protected] and write ‘April Place: NYCLA Home of Law – 14 Vesey 28 Forum’ in the Subject line Street NYCLA Members Eligible for Awardee: Kathryn Kolbert, director, SPECIAL EVENT: LAW DAY Athena Center for Leadership Studies at LUNCHEON Special 20 Percent Discount at Barnard College Friday, April 29 - Reception: 11:30 AM; Introductory Remarks: Kathryn Luncheon: 12:30 PM One Medical Group Rodgers, Law Office of Kathryn J. Place: Cipriani Wall Street – 55 Wall Rodgers, Esq. and 2004 Edith I. Spivack Street Award recipient Law Day Remarks: Hon. Eric T. Sponsor: Women’s Rights Committee Schneiderman, New York State Attorney FREE General RSVP: [email protected] and write ‘April Hon. Louis J. Capozzoli Gavel Awardee: 4 Event’ in the Subject line Hon. Bernard J. Fried, Supreme Court We are not your typical doctor’s office - we offer a superior level of service and Justice, Commercial Division, New York a variety of member benefits, including: SPECIAL EVENT: CHARLES EVANS County Same-day appointments to accommodate your busy schedule HUGHES MEMORIAL LECTURE Presenter: Hon. Judith S. Kaye, Of A trusted team of primary care physicians Tuesday, April 26 - 6:00 PM Counsel, Skadden, Arps, Slate, Meagher & Longer, more personalized office visits that start on time Place: NYCLA Home of Law – 14 Vesey Flom LLP and former Chief Judge of the Three convenient Manhattan office locations Street State of New York Email access to our physicians and staff Lecturer: Hon. Denny Chin, Circuit Sponsor: Supreme Court Committee Online appointment scheduling and prescription renewals Judge on the U.S. Court of Appeals for the Tickets: Individual ticket: $200; Table Referral relationships with the best specialists Second Circuit Sponsorships: Maecenas - $3,600, table We accept most major PPO and HMO insurance plans to cover office visits and Sponsor: Hughes, Hubbard and Reed LLP of ten, full-page ad in Luncheon program, applicable services. One Medical members support our unique style of practice The lecture topic is “Judging.” Judge Chin recognition in the New York Law Journal, with an annual $199 fee and, as a NYCLA member, you are eligible to receive will speak about some of his cases and his recognition in the Luncheon Program; 20 percent off this fee.* path to the bench. The lecture will be fol- Patron - $2,800, table of ten, recognition in *Offer is valid for new members only - expires 8/14/11. lowed by a cocktail reception. the New York Law Journal, recognition in To read more about our doctors and services, please visit our website at FREE the Luncheon Program; Supporter - www.onemedical.com or call 212-530-2271. RSVP: [email protected] and write ‘April $2,400, table of ten, mention in the To join: 26 Hughes Lecture’ in the Subject line Luncheon program 1. Go to www.onemedical.com To purchase tickets or for more informa- 2. Click sign up - in the top, right-hand corner SPECIAL EVENT: NANETTE DEMB- tion, please visit NYCLA’s homepage at 3. Fill out the online registration form ITZ LECTURE www.nycla.org or contact Christina 4. Enter discount code NYCLAX201 on the Membership Confirmation page Wednesday, April 27 - 6:00 PM Andujar at [email protected]. 5. Call or book an appointment online at your convenience Place: NYCLA Home of Law – 14 Vesey Street New York City Office Locations Topic: “Doing More With Less – The May 515 Madison Avenue, 25th Floor @ 53rd Street Effect of Budget Cuts on the New York 489 Fifth Ave, 3rd Floor @ 42nd Street City Family Court System“ CELEBRATION OF ASIAN 30 Broad Street, 45th Floor @ Exchange Place Panelists: Hon. Edwina Richardson- HERITAGE MONTH Mendelson, Administrative Judge, New Thursday, May 12 - 6:00 - 8:00 PM “...One Medical Group, a new model for primary care that aims to set a nation- York City Family Courts; Stephanie Place: NYCLA Home of Law – 14 Vesey wide example.” - The New York Times, 2/1/11 Gendell, associate executive director for Street Policy and Public Affairs, Citizens’ Sponsors: NYCLA and the Asian Committee for Children of New York; American Bar Association of New York John B. Mattingly, commissioner, New York’s Asian-American jurists will be Volunteer for Law Week: May 2 - 5 Administration for Children’s Services; the special guests at this celebration of Peter Passidomo, Esq., chief clerk, New Asian Heritage Month. By Hon. Richard Lee Price to senior partner - are welcome to partic- York City Family Court; and Tamara FREE ipate. The commitment is minimal in Steckler, Esq., attorney-in-charge, Juvenile RSVP: [email protected] and write ‘May NYCLA’s Law-Related Education terms of time but rewarding in terms of Rights Practice, The Legal Aid Society 12 Event’ in the Subject line Committee is looking for volunteers to the satisfaction you will receive from Refreshments served (More information will appear in the May speak for 45-90 minutes as needed by making an impact on the lives of young Sponsor: Family Court and Child Welfare newspaper.) New York City high schools during “Law people. Committee Week,” May 2 through 5. This year’s To participate, call Lois Davis, director FREE “IN CHAMBERS” PROGRAM Law Day theme is “The Legacy of John of Pro Bono Programs, at 212-267-6646 RSVP: [email protected] and write ‘April Wednesday, May 18 - 12:30 PM Adams: From Boston to Guantánamo” ext. 217 or email her at 27 Dembitz Lecture’ in the Subject line Host: Hon. Betty Weinberg Ellerin, former and the topics we’re asking speakers to [email protected]. For a copy of Presiding Justice, New York Supreme discuss are: Civil Rights and Liberties, NYCLA’s NYC Youth Law Manual, a PUBLIC FORUM: THE DIGITAL Court, Appellate Division, First Department Criminal Law or Careers in the Law. We valuable 23-chapter resource book detail- DELUGE: REPRESENTING ONLINE Place: TBD think this is an exciting opportunity to ing the rights and responsibilities of New PUBLICATIONS WHEN Sponsor: Young Lawyers’ Section engage New York City’s children but it is York City’s young people, go to EVERYTHING IS CHANGING FREE a substantial undertaking and requires the NYCLA’s website, www.nycla.org and Thursday, April 28 - 6:00 PM RSVP: Young Lawyers’ Section Co-Chair contributions of all of us. click on Justice Center, then on Programs Place: NYCLA Home of Law – 14 Vesey Daniel K. Wiig at [email protected] Would you like to volunteer for this & Reports and download a pdf version of Street worthwhile effort? Volunteers may be the Manual. A free ABA/Law Day plan- Speakers: James Rosenfeld, partner, NYCLA ANNUAL MEETING asked to give a short speech and answer ning guide may be obtained by visiting Davis Wright Tremaine LLP; Rebecca Thursday, May 26 - 5:30 PM students’ questions or perhaps participate www.lawday.org. Sanhueza, vice president and deputy gen- Place: St. Paul’s Chapel – Broadway and in a Law Day program or assembly. All Justice Price chairs NYCLA’s Law- eral counsel, Time Inc.; and Richard Tofel, Vesey Street, followed by a reception at who are interested - from junior associate Related Education Committee. general manager, Pro Publica the NYCLA Home of Law – 14 Vesey Moderator: Kathleen Conkey, Esq., Law Street Offices of Kathleen Conkey A presentation of the President’s Annual The panel discussion features three top Report and the Treasurer’s Report and the Correction practitioners in the field of media law, who induction of NYCLA officers and direc- In the March issue, the front-page article about Women’s History Month stated will share insights and practice tips for rep- tors. that it had begun in 1970. The correct year was 1980. We apologize for the error. resenting online publications in the fast- (For more information, refer to page 4.) April 2011 / The New York County Lawyer 3

MESSAGE FROM STEWART D. AARON NEW YORK OUTGOING PRESIDENT OF THE NYCLA FOUNDATION COUNTY LAWYER April 2011 President; Susan Lindenauer, Vice President; Richard Williamson, Vice President; Vincent Chang, James B. Kobak Jr. Dear Friends: Secretary; and James Kobak, Treasurer. On behalf of the New York County Lawyers’ The Foundation acts as the fund-raising arm for President Association (NYCLA) Foundation, I am pleased to NYCLA and helps to support NYCLA’s historic announce the new members of its Board of Directors landmark building, as well as NYCLA’s pro bono Sophia J Gianacoplos who were recently elected. The Board will now be and other programs. The Foundation welcomes your Executive Director chaired by Carol A. Sigmond. Carol is a partner in the contributions. Although we hope you’ll give gener- law firm of Dunnington, Bartholow & Miller LLP and ously, we welcome a gift in any amount. You can Mariana Hogan a very active NYCLA member. Joining Carol as newly make your contribution online by going to NYCLA’s Chair, Editorial Board elected to the Board are Glenn Lau-Kee, a partner in the law firm website at www.nycla.org and clicking on NYCLA Foundation of Kee & Lau-Kee, PLLC; Barbara Moses, a principal in the law or by mailing a check payable to the NYCLA Foundation to: firm of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, NYCLA Foundation, 14 Vesey Street, New York, NY 10007. As Marilyn J. Flood P.C. (and NYCLA Vice President); Susan L. Shin, a partner in the the Foundation is recognized by the IRS as a 501(c)(3) organiza- Counsel to NYCLA law firm of Arnold & Porter LLP; and Martha Cohen Stine, a tion, your gift is deductible to the extent provided by law. Executive Director of the partner in the law firm of Cohen Rabin Stine Schumann LLP. This is my last letter to you as Foundation President. I hope NYCLA Foundation The Foundation is very excited about our new additions and is you’ll look for future letters from me in this newspaper, after I confident that they will make excellent additions. assume the NYCLA Presidency in May. Anita Aboulafia Continuing as Board members are Scott Berman, Howard Sincerely, Editor Burns, Vincent Chang, Sylvia Di Pietro, Thomas Draper, Vilia Director of Communications Hayes, Stephen Hoffman, James Kobak, Ann Lesk, Susan Lindenauer, Lester Nelson, Lennard Rambusch, Lewis Tesser, Rita Warner, Richard Williamson and myself. The officers of the Stewart D. Aaron Foundation, who also were newly elected, are Barbara Moses, Outgoing President of the NYCLA Foundation New York County Lawyer is published by Long Islander Newspapers under the auspices of As the owner of a solo practice focusing on commercial litigation, business law and bankruptcy, I find that my the New York County Lawyers’ NYCLA membership provides access to many resources and tools necessary to make my practice thrive. I Association. For advertising regularly take advantage of the electronic research facilities, as well as a variety of CLE and networking information, call 631-427-7000. opportunities, which make my membership absolutely worthwhile. Mailing address: 149 Main Street, Huntington, NY 11743. Adrian M. Szendel NYCLA Member Since December 2004

Copyright © 2011 New York County Lawyers’ Association. All rights I am a law student and NYCLA has provided me the opportunity to continue my education outside of the classroom, exchange ideas and possible solutions to challenges faced in and out of the workplace and, more reserved. New York County Lawyers’ importantly, tap into the extended knowledge of members who are well-respected individuals in our profes- Association grants permission for sion. articles and other material herein or portions thereof to be reproduced and Luz E. Gonzalez distributed for educational or profes- NYCLA Member Since November 2007 sional use through direct contact with clients, prospective clients, profes- sional colleagues and students pro- vided that such use shall not involve any matter for which payment (other Member News than legal fees or tuition) is made Ethics Hotline and provided further that all repro- Alan E. Kahn, a member of several ductions include the name of the April 1-15 April 16-30 May 1-15 NYCLA committees including the author of the article, the copyright Wally Larsen Bruce Green Sarah D. McShea Law & Literature and Taxation notice(s) included in the original 212-225-2359 212-636-6851 212-679-9090 th Committees, presented his 36 CLE publication, and a notice indicating Please Note: Assignments are subject Ethics Hotline,” September 2006, New program, “What To Do When the Tax the name and date of the Association to change. York County Lawyer, Vol. 2, No. 7. To Man Calls,” as part of NYCLA’s publication from which the reprint is Bridge the Gap series on April 1. view the article, visit NYCLA’s web- made. Subscription rate: $10.00 per Under the auspices of NYCLA’s Questions to the Hotline are limited site at www.nycla.org, click on Ethics year for non-members to an inquiring attorney’s prospective (on the left-hand side of the page) and Trusts & Estates Section, has Mr. conduct. The Hotline does not answer then on Ethics Hotline. Kahn also lectured at Holland & questions regarding past conduct, the Knight LLP. conduct of other attorneys, questions Ethics Hotline and Opinions Barry R. Temkin, chair of New York County Lawyer is published that are being litigated or before a dis- The Professional Ethics Committee monthly (except January and August) for ciplinary committee or ethics commit- accepts telephone inquiries from NYCLA’s Professional Ethics Committee and a partner at Mound $10 per year by New York County Lawyers’ tee, or questions of law. This notation NYCLA members on ethics matters Cotton Wollan & Greengrass, has Association, 14 Vesey Street, New York, NY shall not be construed to contain all and provides advisory opinions. All published an article in the New York 10007. Periodicals postage paid is mailed at Hotline guidelines. For a full discus- full-text opinions are available in the State Bar Association Journal’s New York, NY and additional mailing sion of Ethics Hotline guidelines, Ethics section of NYCLA’s website at March/April 2011 issue, titled “The please see “Guidelines on NYCLA’s www.nycla.org. offices. POSTMASTER: Send address Ethical Issues of Lateral Moves: changes to: New York County Lawyer, 14 Whether, When and How to Notify Vesey Street, New York, NY 10007-2992. Clients of a Lawyer’s Resignation.” USPS #022-995 NYCLA Board Secretary Susan J. ISSN: 1558-5786 Walsh has joined Vladeck, Save The Date Waldman, Elias & Engelhard, P.C. as $10.00 of membership dues is deducted for On Tuesday, September 20, from 5:30 – 7:30 PM, NYCLA and the State-Federal counsel. She chairs NYCLA’s Committee on Committees, is a a one-year subscription to the New York Judicial Council will present a free panel discussion, “Utilizing Affidavits in Lieu County Lawyer. of Direct Testimony at Trial,” moderated by Professor Jane Spinak, Columbia Law member of the Executive and School, at the Daniel P. Moynihan U.S. Courthouse at 500 Pearl Street. Panelists Nominations Committees and is the former chair of the Criminal Justice will be: Susan Bender, Bender Rosenthal Isaacson & Richter LLP; Hon. Richard M. Section. Ms. Walsh’s concentration Berman, U.S. District Court, Southern District of New York; Hon. Laura E. Drager, continues to be in criminal defense, Photo Credits Supreme Court, Civil Branch, New York County; Hon. Douglas E. Hoffman, New including trials and appeals, and will Anita Aboulafia York City Family Court; and John J. Kerr, Esq., Simpson Thacher & Bartlett LLP. continue to expand her practice in Joseph Caraccio CLE credit will be offered. labor and employment law. Alanna Gluck 4 April 2011 / The New York County Lawyer MESSAGE FROM BARI CHASE DIRECTOR OF THE CLE INSTITUTE The New York Center for CLE Programs This Spring Neuropsychology In April, the CLE Institute will offer process to reach an agreement; and navi- & Forensic Behavioral Science both new programming and video replays gate the complexities needed to get the of some of its most popular programs. property closed. On Thursday, April 14, Program Chair RESCHEDULED PROGRAM: Due Mark Rosen will conduct another pro- to a snowstorm, the CLE Institute gram, Evidence in Federal Criminal Dr. N.G. Berrill, Director rescheduled Making the Deal: How Real Proceedings: Practical Skills for the Estate Deals Are Getting Done Under Modern Courtroom, which takes a Current Market Conditions to Monday, more in-depth look at the most important April 11. Two experts in the real estate issues involved in criminal proceedings field, a top broker and experienced real tried in federal courts. A panel of experts estate attorney, will discuss how to under- will explore the evidentiary issues [ Over 20 Years \ stand the reality of market conditions; involved in federal criminal proceedings identify a target property; analyze the – especially in light of the changes occur- financial information – building finan- ring in modern federal courts. Learn how cials, potential risks and “red flags,” clos- technology is changing the way evidence Providing Consultation to Attorneys ing costs; engage in the negotiation (See Message From Bari Chase on Page 13) & the Courts on Psycho-legal Matters

• Criminal Cases: Competency Issues, Criminal Notice of Annual Meeting on Thursday, May 26, 2011 at 5:30 PM at St. Paul’s Chapel, Broadway and Vesey Street. Responsibility, Extreme Emotional Disturbance, Risk Reception to follow at the NYCLA Home of Law, 14 Vesey Street Assessment, Sex Offender Workups & Dispositional Planning

• Matrimonial & Family Court Cases: Custody/Visitation, Neglect/Abuse, Termination, Delinquency, Family Violence, & Adoptions

• Civil Cases: Competency Issues, Head Trauma, Sexual Harassment, Discrimination, Immigration, & Post-Traumatic Stress Disorders

Comprehensive Diagnostic & Treatment Services

26 Court Street, Suite 912, Brooklyn, NY 11242 718-237-2127

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______(Please Print Name) April 2011 / The New York County Lawyer 5 Frequently Asked Questions about NYCLA Pro Bono Opportunities April Theme: Pro Bono York State bar to participate in any of The theme of the April issue of New NYCLA’s pro bono projects. York County Lawyer is Pro Bono. Read I am a new attorney and have no legal the first-person accounts of nine NYCLA experience. Do you provide training? members who have dedicated themselves Yes, volunteers are required to attend to helping those less fortunate. the mandatory training sessions, where substantive areas of the law are covered by By Lois Davis experts in the field. By attending the train- ing sessions, volunteers gain confidence Why should I get involved in NYCLA’s and are well prepared, and NYCLA is pro bono projects? assured that the quality of the legal servic- Getting involved in pro bono projects es it delivers to clients is high. allows you to explore different areas of Are mentors available? the law and may help you find your pas- Yes, mentors who have expertise in the sion. Additionally, you will be helping subject areas provide ongoing assistance some of the many New Yorkers who des- and advice to the volunteer attorneys. perately need access to legal services. I don’t have a lot of time, can I still vol- I want to volunteer. How do I find infor- unteer? mation about NYCLA’s pro bono Yes, we make a concerted effort to pro- opportunities? vide opportunities that efficiently use vol- Our website contains descriptions of our unteers’ time to meet pressing community volunteer opportunities, including infor- needs. mation about the qualifications (that vary Does NYCLA provide malpractice depending on the project) and time com- insurance for its volunteers? mitment. We offer a full range of opportu- Yes, our pro bono malpractice insurance nities – from providing legal information covers volunteers who are members of and assistance to resolve a problem before NYCLA. legal action is taken – to representing indi- Do I receive CLE credits? viduals who are challenging an adverse Yes, CLE credits are given for attending decision at administrative hearings. the mandatory training sessions. I know which project I would like to Do NYCLA’s pro bono programs pro- volunteer for; how do I get started? vide opportunities for volunteers who Contact me, the director of pro bono are not attorneys? programs, to discuss the next steps. I will No, we do not use non attorneys in the let you know about upcoming training delivery of our legal services. sessions. I just took the New York State bar exam and If you still have questions, contact am awaiting my results. Can I volunteer? Lois Davis, director of pro bono pro- No, you must be admitted to the New grams, at [email protected]. Diana C. Gianturco ATTORNEY AT LAW P.O. BOX 419 LONG BEACH, NY 11561 Tel: 888-805-8282 Fax: 516-706-1275 Text: 321-480-1678 APPEARANCES IN QUEENS COUNTY E-mail: [email protected] 6 April 2011 / The New York County Lawyer U.S. Tax Court Pro Bono Project By Stephen Lessard preparation. Through the pro- Tax Court hears are pro se, so it Jaworski LLP. Four more trainings are gram, a tax practitioner can help is no surprise that the Tax Court planned for 2011 and will include govern- The United States Tax Court travels to unrepresented taxpayers—and judges and IRS counsel find that ment, as well as judicial, speakers. The over 75 cities each year to provide taxpay- the Court—in a few hours, all the program adds value to the next training session dealing with innocent ers a forum in which to dispute a tax defi- without entering an appearance system,” says Connors. The pro- and injured spouse relief is scheduled for ciency before paying any disputed amount. or committing to long-term rep- gram also collaborates with April 27. Most taxpayers who appear at the Tax Court resentation of a pro bono client. Low-Income Taxpayer Clinics Both experienced tax practitioners and are unrepresented and cannot afford to pay The importance of the program run by local law schools, which newer lawyers benefit from the program. a lawyer to represent them. Although the to all involved is clear to Peter provide opportunities for law “Tax lawyers who don’t generally try cases Court provides an instructional video on its Connors, a partner at Orrick, Stephen Lessard students to represent low- benefit by seeing the process through trial; website for pro se taxpayers, appearing in Herrington & Sutcliffe LLP, income taxpayers appearing actual trial experience will give the claus- court can be an overwhelming and daunting who, as an officer of the American Bar before the Tax Court. es they draft more meaning,” explains experience for these individuals. Created in Association Taxation Section, laid the The program was implemented in two Frank Agostino, of Agostino & Associates, an effort to provide these pro se taxpayers groundwork for establishing the program. phases. The first phase focused on mobi- an experienced tax practitioner who helped with assistance, the NYCLA U.S. Tax “On one hand, taxpayers who cannot lizing a cadre of volunteers who were launch the program. Vlad Frants, a 2009 Court Bar-Related Pro Bono Project was afford legal representation receive it; on already experienced tax controversy prac- graduate of Brooklyn Law School, agrees, formally recognized by the Tax Court in the other, tax lawyers—young and experi- titioners. The second phase is intended to noting, “I work on the transactional side of August 2010 and commenced its activities enced—have the opportunity to get welcome less experienced tax practitioners tax; therefore, I have no day-to-day expo- in September 2010, becoming the first Tax involved in tax controversies,” Connors as program volunteers and provide them sure to tax litigation. The Tax Court Pro Court bar-related program in New York noted. Indeed, the program has been well with the training and mentoring needed to Bono program has broadened my knowl- State. received by Tax Court judges and local facilitate their participation in the pro- edge and experience while helping others.” Tax attorneys who volunteer for the pro- IRS counsel offices, as well as by pro se gram. The program’s second phase started Agostino added, “For experienced gram help taxpayers at calendar call navi- taxpayers appearing in court, and was the in February 2011 with a series of training lawyers, it is an obligation to pass on what gate the unfamiliar process of calendar subject of a recent New York Law Journal sessions on tax controversy issues, the first we know to the next generation. Pro bono call, settlement negotiations and final trial story. “Over 70 percent of the cases the of which was hosted by Fulbright & (See Tax Court Pro Bono Project on Page 14) A Gratifying Pro Bono Experience: How a Team of Attorneys Improved the Lives of 17 Mentally Disabled Men By Lisa E. Cleary evidence suggesting the corporate held by a foundation for the ben- with mental illness in need of community- defendants’ policies and practices efit of our clients. The trust is based housing. A Cravath Swaine & Moore One of the most challenging and gratify- permitted civil rights abuses, that administered by the trustee of a partner, Thomas Dunn, supervised his ing pro bono experiences of my profession- vicarious liability is permitted foundation established to benefit firm’s work in drafting an agreement al career involved my participation with a under both the ADA and the Rehab persons with disabilities. Under required for the purchase of the home, team of lawyers seeking justice for 17 men- Act and that injunctive relief was the terms of the settlement, including a complex financial arrangement tally disabled men living in an adult home appropriate. The Court deter- when one of our clients dies, the providing for the house to devolve ultimate- in Queens. In 2001, MFY Legal Services, mined that it could consider the remaining balance of the funds ly to TSI for the benefit of the clients TSI Inc. and Patterson Belknap Webb & Tyler high probability that similar dis- held for the benefit of the serves. Many individual lawyers served on LLP filed a lawsuit alleging that the men crimination would occur in the Lisa E. Cleary deceased client is to be distrib- a pro bono basis as Next Friends for our 17 had been subjected to needless prostate sur- future in the absence of the entry of uted pro rata within the pooled original clients, ensuring that their individ- gery at the hands of those charged with their an order of injunctive relief. trust to our remaining living clients. When ual interests were protected throughout the care. We stated claims on behalf of our Following extensive motion practice and none of our clients survives, any balance litigation. clients under various statutes, including the discovery, the operator of the adult home, will be distributed to the larger pool of sup- In the seven years since the settlement, Americans with Disabilities Act (ADA), the the hospital where the unnecessary surger- plemental needs trusts at the foundation. lawyers at MFY and our firm have contin- Rehabilitation Act (the Rehab Act) and fed- ies occurred and the doctors and others Our clients’ daily needs are met by a non- ued to follow the lives of our clients. None eral civil rights conspiracy laws, on the involved in the alleged scheme settled the profit-supported housing provider, of the men continues to reside at the adult grounds that our clients were targeted for matter in 2004 for more than $10 million. Transitional Services of New York, Inc. home that was at the center of the conspira- medical abuse because they were mentally Magistrate Judge Steven M. Gold devoted (TSI) that, in conjunction with the trust and cy. Sadly, the number of living clients has ill and unable to defend themselves. In substantial time and effort to the settlement counsel, purchased a home in Queens for now dwindled to nine but the lives of our denying a motion for summary judgment, negotiations. The proceeds of the settle- the benefit of a subset of the clients. When clients have been immeasurably better as a Judge Nina Gershon of the Eastern District ment were deposited into a supplemental the last of our clients dies, the house will result of the settlement. Five of our clients of New York held that there was enough needs trust, called a “pooled trust,” which is revert to TSI for the benefit of other persons (See A Gratifying Pro Bono Exp. on Page 15) 100 Percent NYCLA Membership at Cohen Rabin Stine Schumann NYCLA congratulates Cohen Rabin Stine Schumann NYCLA Members Form New Firm and Now LLP for 100 percent firm membership in the New York They’re on Top of the World! County Lawyers’ Association. Amongst the City’s power After a parting of ways among longtime partners, the elite, Harriet Newman Cohen is considered the “maestro new matrimonial, family law and litigation firm was of the highly public marital split,” according to The New able to find high-end office space quickly at Seven York Observer. A longtime NYCLA member, Ms. Cohen Times Square, also known as Times Square Tower. is a former co-chair of NYCLA’s Matrimonial Law “From our offices on the 38th floor, we look directly Section and all of the firm’s partners currently serve on down onto the New Year’s Eve ball at Times Square, the Matrimonial Law Section. Partner Bonnie Rabin, a which sparkles 24/7. This is a fabulous central location well-respected trial lawyer, has lectured frequently at and we feel like we are on the top of the world. It’s a NYCLA on a wide range of family law issues and stated, dynamic and upbeat environment and a good fit for our “NYCLA is a wonderful resource for lawyers. The pro- clients, who often come to us in times of distress,” grams are informative and cutting edge and attract a Martha Cohen Stine said. diverse group of practitioners.” Partner Gretchen Beall Cohen Rabin Stine Schumann LLP is a full-service Schumann is president of the New York Women’s Bar matrimonial, family law and litigation law firm, estab- Association and Martha Cohen Stine, a family law and lished to provide the most committed and personal legal trial attorney who performed at NYCLA’s Annual Dinner service to clients (men and women in equal numbers). last year, was recently elected to serve as a director of the The firm handles divorce, local, national and interna- NYCLA Foundation. “I was honored to perform the tional custody disputes, prenuptial, postnuptial and sep- national anthem at the County Lawyers’ dinner and proud aration agreements, cohabitation agreements, paternity Front row (from left to right): Founding partners: Martha to report that I forgot not a single lyric,” declared Ms. proceedings, same-sex family law issues, including mar- Cohen Stine, Harriet Newman Cohen, Bonnie E. Rabin, Stine, who confesses to having worked with a City Opera riages, birth of children and second-parent adoptions, Gretchen Beall Schumann vocal coach to prepare. “I would say that performing in post-divorce modification and enforcement proceedings Back row (from left to right): Robert Pagano, legal assistant, front of 1,000 of my colleagues at the Waldorf was one of and all other related family law/divorce matters. and three associates, Orrit Hershkovitz, Tim James and the highlights of my musical career.” She concluded, “The If your firm has 100 percent participation at NYCLA Alexandra Fisher last few months have been very exciting and gratifying and a minimum of five attorneys, please email Harriet [email protected] or call her at 212-267-6646 ext. 212 so NYCLA months for me.” Astor, director of the Membership Department, at has- we can honor you. April 2011 / The New York County Lawyer 7 Manhattan CLARO: Assisting Litigants with Consumer Debt Issues By Jennifer Olaya Since 2006, I regularly read One aspect of volunteering for at the Bronx CLARO Program. The the New York County Lawyer and CLARO that appealed to me was response to that clinic has been astound- As a CLARO (Civil Legal Advice and it was there that I learned about a experiencing the ‘human inter- ingly positive. Although the inner work- Resource Office) volunteer for both new volunteer program called est’ side of the litigants who ings of the Bronx CLARO Program have Manhattan and the Bronx, I am glad to Manhattan CLARO. Previously, sought help from the free, walk- the same structure as that of Manhattan’s, have the opportunity to be part of this I had read about other volunteer in clinic. Behind every legal con- I realize subtle differences; while the range NYCLA-sponsored pro bono program. programs — CLARO, however, sumer debt problem a litigant of consumer debt issues is broader in the How did I decide to volunteer for the piqued my interest because it has was a personal and some- Bronx, there are more self-represented lit- CLARO Project amidst the other pro bono involved assisting self-represent- times very intimate story directly igants seeking the help of Manhattan programs that NYCLA sponsors? At the ed litigants with consumer debt Jennifer Olaya related to why s/he was now CLARO for Supreme Court cases. Of time I started volunteering in May 2008, I issues by preparing affidavits and seeking legal advice and infor- course, these are just my personal observa- was temping at a midtown firm. I wanted to answers, and/or advising them on how to mation. Listening to their stories enables tions, but they are nevertheless an integral complement my work with volunteer work, stop being harassed by creditors, while, at me to accurately craft motion papers and part of my volunteer experience thus far. which would not only keep my lawyering the same time, assisting a particular popu- counsel accordingly so that the litigants The fact that the CLARO Project contin- skills up to par, but would also allow me to lation in need of competent, legal advice can properly pursue their claims in court. ues to be successful because self-repre- assist litigants in a meaningful way. and help. Recently, I have also been volunteering (See Assisting Consumer Debt on Page 13) Manhattan CLARO: Volunteering is a Convenient Way to Make a Big Impact By Vaughn Browne Resource Office (CLARO) pro- The CLARO program is a claims, requesting/responding to discovery, vide convenient and rewarding highly efficient joint venture preparing orders to show cause to vacate From the litigants’ perspective, attorneys opportunities to assist those who with NYCLA, Fordham Law default judgments and/or lift income execu- are often viewed as the vanguards in their are financially unable to hire School and the court system. All tions, negotiating settlements or simply pro- pursuit for justice (or against injustice). legal representation. volunteer attorneys receive train- viding an explanation of what to expect Undoubtedly exacerbated by the country’s Having a bankruptcy and com- ing and are either NYCLA mem- when they appear in court. With the assis- current dire economic condition, the num- mercial litigation background, I bers and/or Fordham alumni, and tance of the volunteer attorneys, many are ber of pro se litigants has drastically am a volunteer attorney with commit to volunteering in the capable of confidently and successfully rep- increased in recent years. As attorneys, we both CLARO and the Legal Manhattan Civil Court for two resenting themselves even when their oppo- have a professional responsibility to Counseling Project. My initial Vaughn Browne hours per month for one year. nents are represented by counsel. My assure, in whatever way we can, that the involvement started with Pro se litigants come to CLARO work is very rewarding, especially path to justice remains accessible to both CLARO as a way to use my background to CLARO primarily because of consumer when litigants return to express their grati- the poor and wealthy alike. In this vein, assist those in need of legal assistance with debt issues, ranging from harassment by tude and seek follow-up assistance with the NYCLA’s Legal Counseling Project and consumer debt issues while expanding my creditors or debt collectors, assistance with next step of the process. the Manhattan Civil Legal Advice and professional network. preparing answers or complaints/counter- (See Make A Big Impact on Page 15) Project Restore: A Source of Inspiration By Denise Lekowski with criminal records who had trans- State had denied my client a security guard individuals in need. In preparation for the formed themselves into compassionate license based on convictions for attempted hearing, I met with him a few times and When I learned about Project Restore agents for constructive social change. burglary and endangering the welfare of a was continually impressed by his compas- last summer, I immediately knew that I However, when I took on my first case I child. I wondered how we were going to sion, integrity and positive outlook on life. wanted to volunteer in the program. I had was surprised to find that I was somewhat persuade the State that someone convicted When I became a Project Restore volun- seen memorable examples of individuals hesitant about going through with it. The of these crimes could be trusted by the teer I was a “young” attorney with a little public to protect people and property as a over two years of legal experience limited security guard. to immigration law so I lacked a certain Project Restore Receives Despite my initial reservations, I knew confidence. However, the training was that I still wanted to work on the case. It very informative and provided me with all did not seem reasonable that an individual of the tools necessary for effective repre- New York Bar Foundation Grant should be forever barred from a profession sentation. Nevertheless, questions did arise when he had already paid his debt to soci- during the course of representation and On March 14, former NYCLA Board ety. I also thought that there must be more both Lois Davis, NYCLA’s pro bono pro- member Sylvia F. Chin (second from to the story than the convictions might gram director, and Mr. Bull were consis- left), co-chair of the Fellows of The New suggest. My first meeting with the client tently helpful and supportive. York Bar Foundation, First Judicial proved this to be true. It was also a huge In preparation for the hearing, I District, presented the Foundation’s comfort to learn that the Project Restore observed other Department of State licens- $5,000 grant for NYCLA’s pro bono Supervising Attorney Collin D. Bull ing hearings, which were an educational program, Project Restore, to NYCLA had conducted a thorough screening experience. I relaxed somewhat when I Board member Collin D. Bull (third process to ensure that the client qualified saw that the hearings were conducted in a from left), supervising attorney for the for a security guard license. This bolstered more casual atmosphere than I had expect- program, and Lois Davis, NYCLA’s director of Pro Bono programs. NYCLA my confidence and intensified my motiva- ed. However, I also noticed all of the secu- President James B. Kobak Jr. (far left) and President Elect Stewart D. Aaron (far tion for the case. I was also inspired by my rity guards and some of the other license right) thanked Mr. Bull and Ms. Davis for their dedication and commitment. client, who had long since turned his life applicants were pro se and dreadfully around and was now working to help other (See Project Restore on Page 14) Financial Hardship If you are experiencing financial hardship, you can apply for a dues waiver DUFFY & POSILLICO AGENCY INC. and/or a no-fee use of a conference room. For an application, please email Court Bond Specialists [email protected] or call Bernard at 212-267-6646 ext. 208. BONDS * BONDS * BONDS * BONDS NYCLA ALSO OFFERS THE FOLLOWING RESOURCES Discounted CLE courses – complete your 2011 bi-annual requirements - CLE Administration • Appeal • Executor • Guardianship scholarships are available Injunction • Conservator • Lost Instrument Competitively-priced Health Insurance Stay • Mechanic’s Lien • Plaintiff & Defendant’s FREE Westlaw, Lexis and Bloomberg Law online research in our library Bonds FREE online job postings Serving Attorneys since 1975 FREE forums, programs and events FREE and OPEN committees (great for networking) Complete Bonding Facilities FREE Networking and Professional Development Programs DISCOUNTS at over 40 retail establishments. IMMEDIATE SERVICE! To view benefits, log in at www.nycla.org. If you have questions, please call 1-800-841-8879 FAX: 516-741-6311 212-267-6646 ext. 213 email Diana Kosanovich at or [email protected]. 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street, New York, NY 10006 8 April 2011 / The New York County Lawyer Recent Events More Than 250 Lawyers and Judges Attend NYCLA’s Judicial Reception On March 2, NYCLA’s Supreme Court Committee welcomed Hon. Jonathan Lippman, Chief Judge of the State of New York, who delivered remarks at the annual Judicial Reception honoring newly elected, appointed, re-elected and re-appointed state and federal judges. Pictured (from left to right) are: Reception Co-Chairs Henry J. Kennedy and Howard W. Burns Jr., Judge Lippman and NYCLA President James B. Kobak Jr. Young Lawyers’ Section Membership Presents “Avoiding Sponsors Immigration Law Burnout or Doing a Good Job of Public Forum Faking It!” On February 15, NYCLA’s Young Lawyers’ Section sponsored a public forum, “Current NYCLA members attended a forum, Issues in Immigration Law,” held at New “Work-Life Integration: Avoiding Burnout York Law School and co-sponsored by the or Doing a Good Job of Faking It!,” on school’s Phi Alpha Delta chapter. Pictured (from left to right) are: Fiona M. Dutta, March 3. Dyan Finguerra-DuCharme (far Esq., event chair and moderator; Dev Viswanath, Esq., principal, The Banad Law right), counsel, White & Case LLP, moderated a discussion with John Benson (far Offices, P.C.; Mathilde Roman, Esq., deputy commissioner and general counsel, left), associate, Watson Farley and Williams, Stacey J. Rappaport (center left), partner, Mayor’s Office of Immigration Affairs; Mark Popiel, Esq., partner, Malik & Popiel Milbank Tweed Hadley & McCloy LLP, and Karyn S.W. Polak (center right), chief P.C.; and Jitesh Malik, Esq., partner, Malik & Popiel, P.C. counsel, Wealth Management, PNC Financial Services, on how working parents have successfully integrated their work and home responsibilities even when the two often Lights, Camera, Action! conflict. at Membership’s “Acting for Lawyers” Program NYCLA’s Mentoring Program On March 10, NYCLA members attended “Acting for Lawyers” presented by Caroline Launches Its Second Session Thomas’s Total Theatre Lab. Ms. Thomas (above), a graduate of The Royal Academy In 2010, NYCLA of Dramatic Art in London, has appeared on Broadway and has been teaching acting began a Pilot Mentoring for over 20 years. Program for attorneys who had been admitted to the New York bar for two to four years. The program sought to encourage professional development and enhance the experience of junior attorneys in the legal profession by pro- viding the tools and resources necessary for Bari Chase (seated), CLE director and head of the men- their professional and toring program, and Zack Cronin (standing next to Ms. Chase), program and online content associate, register personal development. attendees for the mentoring program’s kick-off event. The pilot was highly successful and has since become a permanent NYCLA program. The second NYCLA Mentoring Program has begun in earnest and appears headed to even greater success. Twenty experienced attorneys - from large firms, corpo- rations and the public sector, as well as solo and small-firm practi- tioners - have been Mentors and mentees gathering paired with 20 junior attorneys from diverse backgrounds. The February kick-off event included a discussion of the most effective ways to take advantage of a mentoring relationship and how to develop a mentoring plan. After the formal program, par- ticipants attended an informal reception at the Woolworth Tower Kitchen. The 1:1 mentor/mentee relationships will be supple- mented by monthly get-togethers at the Woolworth Kitchen, as well as CLE programs on managing the various challenges faced by junior attorneys. Principally, the program is Lou Crespo, NYCLA board designed to promote professionalism among member, chair of the Rights & Liberties Committee and men- junior attorneys, who we hope will become the tor, poses with his mentee, bar leaders of the future. Shary Sanchez. April 2011 / The New York County Lawyer 9 Recent Event Upcoming Event Women Trailblazers Program Held at NYCLA On March 3, NYCLA’s CLE Institute and Women’s Rights Committee joined forces with the Professional Services Liaison Committee of the Financial Women’s Association (FWA) to pres- ent Women Trailblazers: Pathways to Executive- Pictured from left to right: Program Chair Susan L. Level Success. The evening Harper and panelists: Sheila Kearney Davidson, Hon. began with a networking Judith S. Kaye, Susan L. Blount, Susan Merrill and reception generously under- FWA President Susan Ganz written by PwC LLP and a welcome by NYCLA President James B. Kobak Jr. and FWA President Susan Ganz. The program fea- tured prominent women who held the distinction of being among the first women in private or governmental practice to attain an influential, senior executive-level position. Panelists included: Hon. Judith S. Kaye, Chief Judge of the New York Court of Appeals (1993-2008) and now of counsel, Skadden, Arps, Slate, Meagher & Flom; Susan L. Blount, senior vice president and general counsel, Law, Compliance, and Business Ethics, Prudential Financial, Inc.; Sheila K. Davidson, executive vice president, chief legal officer and general counsel, New York Life Insurance Company; Susan Merrill, the first woman enforcement chief at the Financial Industry Regulatory Authority (FINRA) and now partner, Bingham McCutchen LLP; and Susan L. Harper, Baritz & Colman, LLP, gen- eral counsel, FWA of New York, Inc. and co- chair, NYCLA’s Women’s Rights Committee, who served as moderator and event chair. The panelists discussed their paths to success, uncovering their defining moments, chal- lenges and obstacles they encountered along Trailblazer attendees the way. 10 April 2011 / The New York County Lawyer on the site are in the “24 Memorable case of a family member’s complaint. Hours” area of the homepage and, if you Homicides can only be adjudicated by are in a hurry, you can access the “Top Criminal Courts and Family Court can Five” memos selected by the webmaster. only hear some cases brought against “Lex Pop” consists of the most-viewed minors by family members. The book law firm commentary. There is a helpful describes psychiatric defenses that can LIBRARY NOTES sitemap on the bottom of the homepage. If only be used in domestic violence cases; you like, you can see law firm posts on for example, a victim with “battered syn- Twitter and Facebook or subscribe to an drome” who allows continued violent RSS feed. behavior and does not report the abuse to the authorities may be justified for his/her FEATURED TITLE actions. Domestic violence cases have special evidentiary problems because vic- New York Law of Domestic Violence, 2nd tims may not be willing to testify against To make suggestions about book pur- include: accounting, arbitration, antitrust, edition, by Elizabeth L. Berger, professor abusers and witnesses may be intimidated; chases, please contact Anna Smallen or Dan banking and finance, capital markets, at Albany Law School and author of arti- the authors give examples of problems Jordan by email at [email protected] or international trade, tax and the environ- cles on family law, Lee H. Elkins, Kings with proving physical injury. Family Court [email protected] or by phone at 212-267- ment. Each subject page has current County Family Court judge, and Jane S, trial procedure is the subject of chapter 6646 ext. 204. developments on the left side of the page Fosbinder, The Legal Aid Society. The two. The Family Court issues and and information arranged by topic on the book’s emphasis is on violence against enforces orders of protection. The second FEATURED INTERNET SITE right side. Memoranda about bankruptcy, adults but it also discusses the mistreat- volume of the book begins with a discus- corporate governance, health-care reform, ment of minors. The authors explain the sion of how domestic violence affects My Corporate Resource (http://mycor- the global financial crisis and the concept of domestic violence and show child custody and matrimonial law cases. porateresource.com/) aggregates and Securities and Exchange Commission can how New York laws differ with respect to Prohibitions against lawsuits between indexes the freely available memoranda be accessed from the top of the homepage. how they define members of a family; spouses have been abolished and spouses sent to the clients of 200 American law The SEC page features new rulings and some laws protect boyfriends or others can now sue each other for legal wrongs. firms. You can find out what an individual releases, a calendar and blog. An impor- who are not relatives. There is a discus- An example is negligent infliction of emo- law firm believes its corporate clients tant part of the site is the “Corporate sion about how New York laws have tional distress. Victims can sue their should know by searching the site by the Team” web portals; they feature memo- evolved, giving more power to the employers in cases of employment dis- firm’s name. You can sort the results in randa of interest to corporate profession- Criminal Courts in order to enable the crimination and may be eligible for unem- order to get the most popular articles or als arranged by their functions within the State to better protect victims and their ployment compensation. Chapter six con- the newest ones first. If you find a memo corporation, alerting them to new devel- children. An Integrated Domestic cerns orders of protection and shows how of interest, you can click on “Hot Topics” opments and helping them comply with Violence Court was created by Hon. Judith they are enforced or overturned. Violation for more memoranda on the same subject complex laws, such as the “Dodd-Frank S. Kaye to consolidate litigation and some of an order is treated as criminal contempt organized by date. The webmasters cate- Wall Street Reform and Consumer cases were moved to the State Supreme and may enable a criminal offense to be gorize the memoranda by subject, indus- Protection Act.” There is a tab for corpo- Court from Criminal Courts. Offenses, treated more seriously. An appendix has try and geographical area, which includes rate directors and boards, in-house coun- such as reckless endangerment or stalking, sample forms for orders of protection. The New York, California, Delaware, Canada, sel, finance and accounting officers, can be adjudicated either solely by the treatise is annotated with cases and web- France, China, Germany, the European human resource managers and compliance Criminal Courts as an offense against the sites, and contains tables of cases and Union, Latin America, India, Russia and officers. Each team page has a “Memo of state or, at the same time, by the Family statutes and an index. the United Kingdom. The areas of law the Week.” The most current memoranda Court, which also has jurisdiction in the (See Library Notes on Page 14) Update on 55th Session of U.N.’s Commission on the Status of Women The annual meeting provides a forum for of women’s equal access to full employ- position was created by President Barack U.N. member states, U.N. agencies and ment and decent work.” As a result of the Obama in 2009 to coordinate foreign poli- U.N.-accredited non-governmental organi- meeting, participants agreed to take con- cy issues relating to the advancement of zations (NGOs), such as NYCLA, to dis- crete actions to address gender stereotypes women globally. Among the other mem- By Christina Holder cuss challenges and develop strategies and other barriers that have led to the bers of the delegation were four women relating to the advancement of women under-representation of women and girls who hold PhDs in science, two astronauts, The 55th session of the Commission on worldwide. The focus of this year’s CSW in science and technology-related educa- an Academy-Award winner and a Google the Status of Women (CSW) was held at was “access and participation of women tion and employment. A complete sum- executive. On March 3, the United States the United Nations (U.N.) headquarters in and girls in education, training, science mary of CSW 55 can be found on the U.N. mission to the U.N. hosted a briefing for New York from February 22 to March 4. and technology, including the promotion website at http://www.un.org/women- NGOs, at which members of the delegation watch/daw/csw/55sess.htm. discussed progress made at the meeting This year’s CSW included the historic and national initiatives to advance women ness travel while decreasing greenhouse launch of “U.N. Women,” a high-profile in the fields of science, technology, engi- Transportation gas emissions and costs, and hassles body responsible for coordinating all of neering and mathematics (the “STEM” associated with rental cars and privately the U.N.’s gender-equality and women’s- fields). Marilyn Flood, Christina Holder owned vehicles. empowerment initiatives. Former Chilean and Barbara Rochman, who are designated Discounts President Michelle Bachelet has been NYCLA NGO representatives to the U.N., NYCLA members can simply: 1) appointed to lead the organization. More attended the briefing. Hertz offers NYCLA members special information about U.N. Women can be Reserve the vehicle online 2) Walk to year-round discounts. Call 1-800-654- found at http://www.unwomen.org/. Ms. Holder, a NYCLA member and 2200 or visit the Hertz website at the vehicle location 3) Swipe their The United States delegation to the CSW litigation associate at Cadwalader, www.hertz.com when making your Zipcard over the card reader and drive (the “Delegation”) was led by Melanne Wickersham & Taft LLP, is a represen- reservation. Refer to your Hertz away! Verveer, the ambassador at large for Global tative of the NYCLA NGO to the United CDP#84969. You may be asked to Women’s Issues. Ambassador Verveer’s Nations. present your NYCLA ID number at NYCLA account members can take the time of rental. advantage of: • No application fee (regularly $25) As a NYCLA member, you’ll get unlim- plus $25 off annual membership fee Public Policy Developments (regularly $50) – a $50 SAVINGS! ited mileage and year-round discounts March 14, 2011 – The NYCLA Board of Directors adopted a report and joined • Discounted hourly and daily rates. off National’s rates. For information and with the New York State Bar Association in opposing Proposition 131 of the reservations, contact National(r) online • 7:00 AM – 7:00 PM - Monday through Medicaid Redesign Team, which would cap non-economic damages in malpractice or at 1-800-CAR-RENT(r). Be sure to Friday rate available only through cases at $250,000. request Contract I.D. Number 6100246 NYCLA’s corporate discount. March 14, 2011 – The NYCLA Board of Directors adopted a response to the at the time of reservation. www.nation- • Easy access to vehicles that live in draft report of the New York State Bar Association Task Force on the Future of the alcar.com neighborhoods all over the city. Legal Profession, prepared by NYCLA’s Task Force on Professionalism. You may be asked to present your March 17, 2011 – NYCLA’s Supreme Court Committee sent a letter to Chief NYCLA ID number at the time of For application assistance and/or Administrative Judge Ann Pfau, expressing its concern that funding cuts may lead rental. account questions, please contact: 1- to the termination of judicial hearing officers in Supreme Court. 866-4-ZIPCAR or New York Account Executive Inbal Samuel at: isamuel To read the complete text of Board reports and resolutions, statements and Zipcar is a national car-sharing program letters and other public policy documents, log on to www.nycla.org and click @zipcar.com or call 646-616-3690. designed to enhance personal and busi- on News & Publications, and then on the appropriate category. April 2011 / The New York County Lawyer 11 Project Restore: A Success Story By Luwick Francois teenage children enrolled in licensing division presented its written by his employer of 20 years, prais- Catholic school and, because of case. Soon after, my client had ing his hard work and trustworthiness. In In the summer of 2010, as a newly tuition increases and other to produce a Certificate of Relief addition, the testimony of a retired police admitted attorney eager to learn new skills, expenses, he sought to supple- from Disabilities, a document officer helped refute any concerns for I decided to take on a Project Restore case. ment his full-time employment that is essential in order for an property and public safety. Upon reviewing the case, I discovered the with part-time security work. ALJ to hear a case. That very A few weeks subsequent to the hearing, client had a felony conviction for the sale We quickly built rapport. I same morning, an unlucky appli- I received the decision. We had been suc- of drugs. I proceeded to assess the case for explained the hearing process cant had failed to procure this cessful. It was a great win for me as well, potential strengths and weaknesses, jotting and what was required of him in Certificate. As a result, he was since I had assisted someone trying to pro- down notes and initiating contact with the order for the administrative law Luwick Francois precluded from presenting his vide for his children. Moreover, I benefit- client. judge (ALJ) to hear his case. I case. Fortunately, my client and ted by further developing my communica- We spoke briefly on the phone and also took this opportunity to convey my I were prepared. tion and presentation skills. scheduled an in-person interview. During initial concerns. We established a game After presenting the required document, the interview, I was able to learn more plan and concluded our interview. my client took the stand. As predicted, he Mr. Francois is an agency attorney at about the circumstances surrounding his The hearing occurred a few weeks after testified well and was a credible witness. the New York City Administration for arrest and conviction. After he explained our meeting. The hearing was not in an My client disclosed the reasons behind his Children’s Services. Any opinions why he was applying for a security guard actual courtroom, yet the atmosphere was conviction and explained that he has expressed in the article are his own and license, I predicted that he would make a still somber. Suddenly, my demeanor avoided run ins with the law since that not those of the agency. credible witness. He is a father of two changed; it was game time. First, the time. Additionally, he provided a letter Legal Counseling Project: Enhancing Skills and Helping New Yorkers By Meg Goble years, I had attended many of its CLE pro- landlord-tenant law, is able to help a truly been able to explore legal issues outside of grams, all of which were well presented. diverse group of New Yorkers grapple with my usual practice areas. The training each In 2008, an email from NYCLA seeking This was just the incentive I needed to these very difficult issues. It was and con- year has helped me keep up with new volunteers for its pro bono Legal decide that it might be time for me to do tinues to be a source of immense personal developments. Moreover, the clinic has Counseling Project caught my eye. I was some legal pro bono work again. satisfaction to be able to have an impact in mentors who are just a phone call away if no stranger to volunteering, having worked That has turned out to be a good deci- some small way. All of the clients are I don’t have an answer or am unsure of with New York Cares on numerous literacy sion indeed. The CLE credits were just the extremely grateful for the chance to sit how to best counsel a client. projects for several years. Originally, when beginning of the benefits for me. My first with a lawyer and review their available I highly recommend serving as a volun- I found myself with some extra time on my year as a volunteer began shortly after the rights and remedies. There have been teer at the NYCLA Pro Bono Legal hands, I deliberately chose a volunteer closure of Lehman and all that followed. many times during my three years as a vol- Counseling Project. Working there pro- activity that was non-law related so I could Many people found themselves out of unteer that I have been reminded that a vides an opportunity to learn something expand my universe. But the promise of work and many more were in serious comfortable situation can quickly turn dif- new about the law and your community six free CLE credits offered by NYCLA financial straits. The project, which focus- ficult due to the loss of a job, illness, over- and inevitably, along the way, you will was tempting. As a NYCLA member for es on employment, bankruptcy, family and whelming debt or a divorce. Hearing these learn something new about yourself. stories makes me grateful and appreciative for all that I have. Ms. Goble is a NYCLA member and a While there have been many instances at founding partner of Hanley & Goble My Experience in the Volunteer Lawyer the clinic when I have had the chance to LLP, a firm established in 1983 special- impart some of the experience I have gath- izing in residential real estate and coop- For the Day – Consumer Credit Project ered in my 30 years of practice, I have also erative and condominium law. By Olusegun O. Adedeji CLARO’s effectiveness in advancing the principle of equal access to justice A legal right is meaningless with- helped facilitate the VLFD limited-advo- out access to the judicial system. cacy project created and currently running Law-Related Education Hon. Fern Fisher, Deputy Chief in all boroughs save Staten Island in con- Administrative Judge for New York junction with organizations like NYCLA, Committee’s Lawyer for the City Courts which empower the unrepresented by giv- Numerous opportunities exist in New ing them a voice in the halls of justice. Day Program York State for giving others a “helping The New York County VLFD - CCP hand” or a “shoulder to lean on,” with one operates out of the New York County Civil such opportunity being NYCLA’s Court building at 111 Centre Street. As the The mission of NYCLA’s Law- Volunteer Lawyer For the Day - project’s coordinator, I continue to Related Education Committee is to foster Consumer Credit Project (VLFD - CCP). encounter skeptics who think that a an understanding and appreciation for As the name implies, lawyers (and law lawyer for a day cannot achieve anything the law in both children and adults while school graduates, under supervision, pur- in a day. However, since the project’s providing information about how the suant to a Supreme Court order in New inception in January 2010, more than 450 legal system works to assist and protect York County) give their time and skill defendants/clients have been assisted at its citizens. According to Hon. Richard (unbundled legal service, not $!) for a day least once. Lee Price, committee chair, “Our com- NYCLA member Sidney Baumgarten to assist needy and unrepresented liti- Many cases have been settled to the mittee has spearheaded numerous initia- speaks with college students. gants. client’s satisfaction; a good number have tives to accomplish its mission, among The VLFD project developed from the been discontinued without prejudice by them are: the Lawyer for the Day pro- Teachers initiate the process by mak- consumer debt legal advisory service the plaintiffs and others have been dis- gram, court tours, mock trial competi- ing a request to the committee for an launched in Kings County as the Civil missed by the court with prejudice. Of the tion, mentoring, internships, career attorney to visit their class to speak about Legal Advice and Resource Office cases dismissed, the clients would most development in law, annual conferences a specific area of law or about law as a (CLARO), which operates only as an out- likely have been pressured by plaintiff’s for high school students in law-related career. Criminal law, criminal procedure of-court service and has expanded to all counsel to settle or would have summary education courses, annual seminars for and the U.S. Constitution are favorite five boroughs due to the increasing num- judgments entered against them. Most teachers of law-related education, pro- topics. Other facets of the program bers of consumer debt cases. (See My Experience in VLFD on Page 14) duction of the New York City Youth Law include coordinating court tours for class Manual [a 23-chapter resource for high visits, as well as helping to place stu- school students and teachers of law- dents in internships with judges, law NYCLA members receive special savings on related education] and the sponsorship of firms or other suitable legal venues. select FedEx® shipping services and FedEx Office. an annual essay contest for New York Committee member Sidney Discounts include: FedEx Express® U.S. services, City public high schools.” Baumgarten (pictured speaking to stu- FedEx Express international services, FedEx dents) recently visited the New York City Ground® services, FedEx Home Delivery® servic- Lawyer for the Day Program College of Technology. He observed, es, FedEx Office copy and print services, and FedEx Throughout the year but with a special “This was one of the most interesting Office sign and graphic production and printing services. emphasis around Law Day, Justice Price and highly motivated classes that I’ve Create your shipping labels online using FedEx Ship Manager® at fedex.com and coordinates the Lawyer for the Day pro- ever visited. We covered a wide range of receive an additional 5 percent discount on eligible FedEx Express shipments. gram, matching requests from schools legal topics and focused on preparation There is no cost to enroll in the FedEx Advantage® or FedEx Office Programs and and colleges to volunteers willing to for future employment, legal and other- there are no minimum shipping requirements. speak in a classroom or at a school assem- wise. I was impressed,” he concluded, For more information about the FedEx Advantage or FedEx Office Program, call bly. Over the last 15 years, he has fielded “by their attentiveness and the caliber of 1-800-MEMBERS (1-800-636-2377, 8:00 AM to 6:00 PM, Monday through Friday). more than 600 invitations for speakers. their questions.” 12 April 2011 / The New York County Lawyer Lawyer For the Day - Consumer Credit Restore’s Collin D. Bull, Manhattan brought by the New York Civil Liberties Message From the President Project, co-sponsored by NYCLA and the CLARO Project’s Dora Galacatos, Union. NYCLA joined a diverse group of (Continued From Page 1) New York County Civil Court, offers Volunteer Lawyer For the Day – bar associations representing 100,000 with NYCLA’s Law-Related Education advice and limited representation to indi- Consumer Credit Project’s Olusegun O. lawyers, law centers and dozens of law Committee. viduals in connection with consumer debt Adedeji, U.S. Tax Court Project’s Stephen professors from all of New York State’s 15 proceedings. And NYCLA’s newest pro C. Lessard and the Legal Counseling law schools in filing the brief. This spring, NYCLA is planning a con- bono program, the U.S. Tax Court Project, Project’s Judith B. Cox, Susan Y. Kunstler, Unfortunately, I cannot thank individu- ference with two affiliate bars – the Lille provides counseling to clients seeking Steven S. Landis and Charles Y. J. Liu; ally all the NYCLA members who volun- (France) Bar Association and Kent (U.K.) advice in the area of tax law at calendar The Haynes and Boone team that has teer in so many ways to improve our sys- Law Society – with a focus on civil call sessions of the U.S. Tax Court. worked pro bono on NYCLA’s indigent tem of justice and contribute to fairer and Gideon. NYCLA is the first bar association in New defense case: Carmen Bauman, David more just outcomes for both the represent- York to offer such a program. Finally, Dodds, Kendyl Hanks, Sarah Jacobson, ed and the unrepresented. These members Project Restore is a unique program offer- Lauren Perotti, Jonathan Pressman, David epitomize the highest level of profession- NYCLA’s Pro Bono Programs ing pro bono representation to individuals Siegal and Nora Whitehead; alism. I would like to give special thanks NYCLA’s pro bono programs represent denied employment licenses because they The National Association of Criminal today to the 274 attorneys who participate its commitment to uphold the doctrine of have criminal records. Since its inception Defense Lawyers team that worked on the in our pro bono programs and to NYCLA’s access to justice and I’m pleased that the two years ago, 30 individuals have Camreta v. Sarah Greene, et al. amicus Pro Bono Director, Lois Davis, who sup- theme of this issue is Pro Bono. Nine pro received licenses and I’m pleased to report brief: Mark R. Brown and David M. Porter ports them and makes it all happen. You bono volunteers have written articles about that The New York Bar Foundation has just on behalf of our Civil Rights and Liberties can be sure that in the future, NYCLA will their experience in NYCLA’s pro bono given Project Restore a $5,000 grant to Committee; and continue providing pro bono opportunities programs, which provide legal assistance support its work. Susan J. Walsh, who filed an amicus for members, as well as advocating for the to hundreds of low-income New Yorkers Now, I’d like to take this opportunity to brief in Hurrell-Harring et al. v. New York, preservation of due process and pioneering each year in such areas as: consumer debt thank the individuals who have devoted supporting a challenge to the adequacy of reforms to achieve fair access to justice in and bankruptcy, family, employment and considerable time and energy to the fol- New York State’s indigent defense system the courts of New York. landlord/tenant and Article 81 lowing projects: Guardianships. In addition, the Volunteer Pro bono program leaders: Project Spring PRACTICE NYCLA Holds Monthly OF LAW SERIES Drawing for Free Live, Three- • Writing Retainer Agreements, Setting Your rights and responsibilities when Fees and Getting Paid (Part II) your client disputes your fees and the April 7 – Speaker: Martin L. Feinberg law requires that you arbitrate. Credit CLE Course Legal, ethical and practical considera- Congratulations to Douglas T. Tabachnik. Mr. Tabachnik’s name was selected tions when you write your retainer agree- • Preparing a Trial Notebook from those members who paid their first dues invoice in full by February 28, 2011. ments and set your fees. How to treat June 2 – Speaker: Jeffrey M. Kimmel Members who pay their initial annual invoice in full by the drawing date are auto- your clients so they want to pay you. Learn the basics of preparing a trial notebook, issuing subpoenas, jury selec- matically entered in the drawing. One member is selected each month. For informa- • Writing Retainer Agreements, Setting tion about the drawing, call Bernard Chan at 212-267-6646 ext. 208. tion, opening/closing statements and Fees and Getting Paid (Part III) direct/cross examination. Evidentiary April 21 – Speaker: Martin L. Feinberg issues, including in limine motions, Legal, ethical and practical considera- demonstrative evidence and objections, Amicus Creative offers NYCLA mem- tions when you write your retainer agree- will be discussed. bers a comprehensive website system for ments and set your fees. How to treat your clients so they want to pay you. $1,199 – a 20 percent discount off the • Trial Techniques for Beginners regular fee. In addition to a great looking • Legal Ethics You Need to Know June 16 – Speaker: Jeffrey M. Kimmel website, you will have full control over Detailed discussions concerning trial your site’s content. By logging into your password protected account, you will be April 28 – Speaker: Lewis Tesser An inside look at the attorney disci- strategy, witness preparation, jury selec- able to add new pages, update practice areas, add or update attorney profiles, tion, opening/closing statements and upload photos, change text, move pages and change your site style. plinary process and the new New York Rules of Professional Conduct. How to direct/cross examination. Hearsay objections and other evidentiary issues One-time set-up fee includes: avoid disciplinary complaints. How to respond to disciplinary complaints. will be discussed. -Website design Professionalism and civility - not as • Keeping Your Firm’s Finances -Search engine optimization simple as it appears. July 7 – Speaker: Richard Klass -Server setup and configuration Discussion of various financial mat- -Email address setup • What Every Lawyer Needs To Know ters concerning starting and running -Domain registration (your own title to your domain name) About The Part 137 Fee Dispute your law practice, including taxes, -Content customization Resolution Program May 5 – Speakers: Martin L. Feinberg insurance, bookkeeping, software, time recording and office systems. For more information, please call Donnamarie Striano at 877-269-0076 ext. 820, and Heidi Leibowitz or visit Amicuscreative.com. FREE programs led by experienced attorneys to help you manage your practice. All programs are held at NYCLA, 14 Vesey Street (between Church & Broadway) from 6:00-8:00 PM. TO REGISTER: Circle the dates of all of the programs you wish to attend above, Discounted Concerts for complete the form below and fax to: 212-406-9252 or email [email protected]. NYCLA Members NAME ______PHONE ______EMAIL ______NUMBER YEARS ADMITTED TO BAR ___ Musicians from Marlboro NYCLA members are invited to the 46th season of Musicians from Marlboro, a FIRM SIZE: Solo 2-20 21-60 61or more series of concerts held at the Metropolitan Museum of Art at Fifth Avenue and Corporation ___ Public Sector _____ Academic ____ Other ____ 81st Street. Tickets under this offer are $25 (normally $40) and include free admission to the Museum. To take advantage of this discounted ticket offer, please FREE AND OPEN TO NYCLA MEMBERS ONLY contact Alanna Gluck at [email protected] or 212-267-6646 ext. 209. Friday, April 8 at 7:00 PM To Advertise in Respighi — “Il Tramonto: Poemetto Lirico”: for mezzosoprano and string quartet Dvórak — Two Waltzes New York County Lawyer, Cuckson — “Der gayst funem shturem” (Marlboro composer in residence 2009) Mozart — Quintet in A Major for clarinet and strings, K. 581

Friday, May 6 at 7:00 PM Mozart—String Quintet No. 3 in C Major, K. 515; Haydn—String Quartet No. 4 in C Minor, Opus 17, Dvórak—String Quintet No. 3 in E flat Major, Opus 97 Call (866) 867-9121 April 2011 / The New York County Lawyer 13 April 27: A panel of prosecutors and Discrimination Case, Consecutive 1 Skills; Transitional and Non-transitional Message From Bari Chase defense attorneys explore the key issue of Monday evenings, May 16 and 23 Early Registration Fee: (Continued From Page 4) whether criminal lawyers should ascer- (on or before 4/4) is being presented, particularly in many tain the complete truth from their clients, NYCLA’s CLE Institute Now an Member: $125 Non-Member: $175 modern courtrooms that are completely as well as other ethical dilemmas con- Accredited Provider in New Jersey Registration Fee: (4/5 – 4/6) computer accessible. Hear about the fronted by criminal practitioners. New York County Lawyers’ Association’s Member: $150 Non-Member: $200 impact that scientific and other forensic Video Replay Marathon: 3rd Annual CLE Institute is currently certified as an Thursday, April 14 6:00 – 9:00 PM evidence is having on the way cases are Art Litigation and Dispute Resolution Accredited Provider of continuing legal Evidence in Federal Criminal presented and defended. Find out when Institute, 2010, Friday, April 29, 9:00 AM education in the State of New Jersey. Proceedings hearsay evidence can be admissible and – 4:00 PM: An unparalleled panel of Courses qualifying for CLE credit in New 3 MCLE Credits: 2 Skills; 1 Professional accessible during the various stages of a experts from the bench, bar, academia, art Jersey will be so designated on the Practice; Transitional and Non-transi- criminal proceeding. Brush up on the galleries, non-profit organizations, trade NYCLA website. Be sure to consult tional (also NJ) skills trial attorneys will need as they and online publications take you through www.nycla.org for program details and Early Registration Fee: handle criminal cases in federal court in the most relevant issues in today’s art program locations. (on or before 4/12) the 21st century. world. Please Note: Tuition assistance is avail- Member: $125 Non-Member: $175 able for qualified attorneys for live pro- Registration Fee: (4/13 – 4/14) Video Replay Series: If you missed SAVE THE DATE grams offered by the CLE Institute. Check Member: $150 Non-Member: $200 one of our previously scheduled pro- Bridge the Gap 2: A Program for our website at www.nycla.org for more Public Sector and Non-profit Attorneys: grams, you will have a chance to view a Newly Admitted Attorneys, Consecutive information and how to apply for tuition $25 recorded version of some of our prior Fridays, May 13 and 20 assistance. Check our website for course courses in April. Note: Only “experi- Ethical Issues Arising in ADR and details, faculty, complete program descrip- Wednesday, April 27 6:00 – 8:30 PM enced” attorneys (attorneys who have Mediation, Wednesday, May 11 tions and pricing. VIDEO REPLAY: Is Criminal been admitted to the New York Bar for Special Lunchtime Program: Micro- Check our website for a complete listing Lawyering About Truth? more than two years) are eligible to Financing and the Law, Wednesday, of April programs. 2.5 MCLE Credits; 2.5 Ethics; receive MCLE credit for attending Video May 11 Non-transitional Replays. Forensic Evidence Part II – Cross April CLE Programs Registration Fee: Examination of a Witness, Thursday, Member: $75 Non-Member: $100 Video Replay: Is Criminal May 12 Tuesday, April 5 6:00 – 9:00 PM Lawyering About Truth?, Wednesday, How to Handle an Employment Ethical Issues in Immigration Practice 3 MCLE Credits: 3 Ethics; Transitional Friday, April 29 9:00 – 11:30 AM; 12:00 and Non-transitional – 4:00 PM counsel and assist self-represented con- Early Registration Fee: (on or before 4/3) VIDEO REPLAY MARATHON: 3rd Assisting Consumer Debt sumer debt litigants, please consider Member: $125 Non-Member: $175 Annual Art Litigation and Dispute (Continued From Page 7) attending a training session in order to vol- Registration Fee: (4/4 – 4/5) Resolution Institute, 2010 sented litigants use its services is indica- unteer for any of the CLARO clinics in all Member: $150 Non-Member: $200 8 MCLE Credits: 3 Ethics; 4 tive of the general economic atmosphere five boroughs. More information can be Professional Practice; 1 Skills; Non-tran- in our communities. What contributes to found either on NYCLA’s website or by Wednesday, April 6 6:00 – 9:00 PM sitional CLARO’s success is the collaborative contacting Lois Davis, Pro Bono director, Building Green: Law and Practice Registration Fee: efforts of the various Help Centers at the at [email protected]. 3 MCLE Credits: 2 Professional Practice; Member: $125 Non-Member: $150 courthouses, along with the Motions Support Windows and other organizations Ms. Olaya, a NYCLA member, is a Hon. Eric T. Schneiderman that contribute their time, energy and, court attorney for a New York State Attorney General Schneiderman previ- most importantly, legal support to the clin- Supreme/New York City Civil Court Law Day Luncheon ously spent 15 years in private practice as ics. judge in the Bronx. She is also a small (Continued From Page 1) an attorney and later as a partner at the So for those who have spare time to claims court arbitrator in New York New York, becoming chief assistant firm of Kirkpatrick and Lockhart, where reach out to their local communities to City Civil Court. United States attorney in 1978. In 1980, he was appointed a judge of the Criminal he handled complex litigation. He was Court of the City of New York. Designated also a public interest lawyer for many in 1984 as an acting justice of the Supreme years, representing taxpayers in historic Solo and Small Firms Save on Court, Justice Fried first served in the lawsuits against the Metropolitan Transit Criminal Branch in Bronx County and, in Authority, tenants trying to evict drug 1989, was reassigned to New York County, dealers from their buildings and women Office Supplies, Equipment and Supreme Court, Criminal Branch. While seeking access to health clinics. A gradu- in New York County, he was also assigned ate of Harvard Law School, Mr. More at Staples to civil cases. Schneiderman served in the New York Justice Fried is a member of the State Senate prior to his election as NYCLA members are eligible for a Staples Business Commission on the Jury. He has lectured Attorney General. Advantage group discount program. Prices are deter- at numerous CLE programs in New York mined on an item-by-item basis. Members can take and at the International Moot Court in The To purchase tickets or for more infor- advantage of convenient online ordering through StaplesLink.com. For more infor- Hague, The Netherlands. Since 1981, he mation, please visit NYCLA’s homepage mation, contact Account Manager Denise Ruhle at 800-950-1257 ext. 3652 or has been an adjunct law professor at at www.nycla.org or contact Christina [email protected]. Brooklyn Law School. Andujar at [email protected].

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TO JOIN A COMMITTEE, simply choose one of the following options: Log in: www.nycla.org and click on Members Only - Join a Committee Call Bernard Chan 212-267-6646 ext. 208 or email [email protected] for a com- 866-867-9121 mittee application. 14 April 2011 / The New York County Lawyer CLE Tech Courses 2.5 MCLE Credits: 2.5 Skills; U.S. Bankruptcy Court Electronic Case Library Notes Transitional Filing System (Continued From Page 10) April Member: $65 Non-member: $85 Wednesday, May 18 10:00 AM-12:30 PM Non-legal Staff: $35 2.5 MCLE Credits: 2.5 Skills; NEW EDITIONS Lexis: Navigating the New Lexis Transitional Interface and Lexis Web May Handling the DWI Case in New York, Member: $65 Non-member: $85 Wednesday, April 6 10:30 - 11:30 AM 2010-2011 edition (Thomson West). Non-legal Staff: $35 1 MCLE Credit: 1 Skills; Transitional Lexis II Legal Malpractice, 2011 edition Member: Free Non-Member: Free Wednesday, May 11 10:30 - 11:30 AM (Thomson West). 1 MCLE Credit: 1 Skills; Transitional Using Bloomberglaw.com for Litigation Thursday, May 19 10:00 - 10:50 AM Lexis for Microsoft Office Member: Free Non-Member: Free 1 MCLE Credit: 1 Skills; Transitional NEWLY UPDATED Wednesday, April 6 12:00 - 1:00 PM Lexis: Litigation Member: Free Non-Member: Free 1 MCLE Credit: 1 Skills; Transitional Wednesday, May 11 12:00 - 1:00 PM Bender’s Federal Practice Forms, release Member: Free Non-Member: Free number 137 (LexisNexis Matthew 1 MCLE Credit: 1 Skills; Transitional Using Bloomberglaw.com for a Corporate Member: Free Non-Member: Free Bender). Lexis: Expert Witness & Public Records Transactional Practice Bender’s Forms of Pleading of the State Thursday, May 19 11:05 - 11:55 AM Wednesday, April 6 1:30 - 2:30 PM Lexis: Update Enhancements Research of New York, release number 117 1 MCLE Credit: 1 Skills; Transitional Wednesday, May 11 1:30 - 2:30 PM 1 MCLE Credit: 1 Skills; Transitional (LexisNexis Matthew Bender). Member: Free Non-Member: Free 1 MCLE Credit: 1 Skills; Transitional Member: Free Non-Member: Free Bills of Particulars in New York, 2010 Member: Free Non-Member: Free supplement (Thomson West). Westlaw: Advanced Westlaw: Basic Landlord and Tenant Practice in New Thursday, April 7 10:00 - 11:00 AM Westlaw: Intermediate Wednesday, May 25 10:00 - 11:00 AM York, 2010-2011 release (Thomson West). 1 MCLE Credit: 1 Skills; Transitional Thursday, May 12 1:30 - 2:30 PM nd 1 MCLE Credit: 1 Skills; Transitional Lien Priorities in New York, 2 edition, Member: Free Non-Member: Free 1 MCLE Credit: 1 Skills; Transitional Member: Free Non-Member: Free November 2010 pocket part (Thomson Member: Free Non-Member: Free Westlaw: New York Materials Research West). Westlaw: Real Estate New York Civil Practice: CPLR, 2nd edi- Thursday, April 7 11:30 AM - 12:30 PM Westlaw: Trusts and Estates Wednesday, May 25 11:30 AM - 12:30 PM tion, release number 139 (LexisNexis 1 MCLE Credit: 1 Skills; Transitional Thursday, May 12 3:00 - 4:00 PM 1 MCLE Credit: 1 Skills; Transitional Matthew Bender). Member: Free Non-Member: Free 1 MCLE Credit: 1 Skills; Transitional Member: Free Non-Member: Free New York Law of Domestic Violence, Member: Free Non-Member: Free 2010-2011 supplement (Thomson West). Using Bloomberglaw.com for Litigation Weinstein’s Federal Evidence, 2nd edi- Thursday, April 14 10:00 - 10:50 AM tion, release number 100 (LexisNexis 1 MCLE Credit: 1 Skills; Transitional The Nuts and Bolts of Innocent Spouse and Injured Spouse Claims: Matthew Bender). Member: Free Non-Member: Free Tax Court Pro Bono Project th (Continued From Page 6) Relief from Joint and Several White, New York Business Entities, 14 Liability edition, release number 68 (LexisNexis Using Bloomberglaw.com for a Corporate trials allow us to transfer our trial skills, Transactional Practice Matthew Bender) as well as pass on our commitment to Free New York & New Jersey CLE & Thursday, April 14 11:05 -11:55 AM justice—the system doesn’t work if 1 MCLE Credit: 1 Skills; Transitional CPE PERIODICALS young attorneys fear the IRS. Indeed, our Member: Free Non-Member: Free voluntary assessment tax system only When: Wednesday, April 27 Corporate Restructuring and Bankruptcy: works if everyone in the system believes 8:30 AM-12:00 PM Westlaw: Basic a New York Law Journal Special Section, that, no matter who you are, in the Tax 8:30 AM – Registration Thursday, April 21 1:30 - 2:30 PM Court you can get a fair trial.” 9:00 AM – Program will begin New York Law Journal (March 7, 2011). 1 MCLE Credit: 1 Skills; Transitional Docs Overlooked Pregnancy’s Remnants, Currently, a number of newer lawyers Where: Orrick, Herrington & Sutcliffe Member: Free Non-Member: Free are providing pro bono representation to LLP Suit Alleged, VerdictSearch New York nd (March 7, 2011). former program clients under the mentor- 51 West 52 Street, New York, NY Westlaw: Bankruptcy 10019 Litigation: a New York Law Journal ship of experienced volunteers. “Newer Thursday, April 21 3:00 - 4:00 PM lawyers get real trial experience—trying Topics: The Nuts and Bolts of Special Section, New York Law Journal 1 MCLE Credit: 1 Skills; Transitional Prosecuting an Innocent Spouse Claim (February 28, 2011). a case with a real client, where your work Member: Free Non-Member: Free changes a client’s life, is more fulfilling Moderator: Megan Brackney, Esq. The Lateral Report, The American Lawyer and a better teaching tool than ten mock Types of Relief (February 2010). U.S. Bankruptcy Court Electronic Case trials. Although the amounts may seem Form 8857 New York Law White-Collar Crime; a Filing System small, for our taxpayers, the amounts The Process Journal Special Section, New York Law Wednesday, April 27 10:00 AM – 12:30 involved are life altering,” says Agostino, Representing the Non-Innocent Spouse Journal (February 14, 2011). PM who is mentoring several program volun- Status of Lantz and Equitable Tolling teers. Mikhail Hitune, a lawyer Agostino Moderator: Carl Smith, Esq. I went to law school as an older student is mentoring, agrees, saying, “By partic- Lantz Project Restore with the intention of doing public interest ipating in the Tax Court Pro Bono pro- Equitable Tolling gram, I was able to try a case in the fed- (Continued From Page 7) work. This was not an easy transition, but having the privilege of vol- eral tax court and gain invaluable experi- Is It Really A Joint Return? unprepared. It was frustrating to realize unteering in a program like Project ence in writing a federal tax court brief Moderator: Frank Agostino, Esq. that just a little preparation and advice Restore has made it all worthwhile. under the supervision of top New York Injured Spouse v. Innocent Spouse could have gone a long way to improve tax attorneys.” Frants echoes him, say- Form 8379 Injured Spouse Allocation their likelihood of success. This saddened Ms. Lekowski is a volunteer advocate ing, “My involvement in the program has The Use of Duress to “Undo a Joint me but also increased my appreciation for animal and housing rights. She is given me exposure to areas of tax law Return” for the work of Project Restore. also a volunteer mediator at the that I normally do not delve into—all in Filing the Married Filing Separate In the end, my client’s application was Institute for Mediation and Conflict all, the program is making me a more Return granted. This could not have been done Resolution, volunteer counselor at the well-rounded tax professional.” Interplay with CDP without his commitment to the case and New York City Bar Monday Night Law In addition to Connors and Agostino, the endless support from both Ms. Davis Clinic and serves on a panel of pro bono Kathy Keneally, a partner at Fulbright & This training session is free and open and Mr. Bull. I felt privileged to work with attorneys doing foreclosure prevention Jaworski LLP; Bryan Skarlatos, a partner to all NYCLA members. Space is lim- them and represent my client, who was a work. She is interested in urban farm- at Kostelanetz & Fink LLP; and ited, however, with priority given to Tax Court pro bono program volun- great source of inspiration for me. ing and is an aspiring chef. Catherine Engell, an associate at DLA Piper, have been instrumental in estab- teers, staff and volunteers of local Low lishing the program. If you are interest- Income Taxpayer Clinics. upheld by the courts. To prepare you for ed in participating in the NYCLA U.S. My Experience in VLFD the project, free CLE training is provided RSVP: Christopher Grau at Tax Court Bar-Related Pro Bono Project, [email protected] under the New York State Courts Equal please contact Lois Davis, NYCLA’s pro (Continued From Page 11) Access to Justice Program. For more Questions: Call or email Caren Zahn bono director, at [email protected] or at 201-488-5400 ext. 103, or have expressed deep gratitude for the information, visit the Access to Justice Stephen Lessard at section of the New York State Unified [email protected] or Stephen assistance provided by the volunteer law [email protected]. Lessard [email protected] school graduates and attorneys alike. Court system’s website: If you would like to get involved in http://www.courts.state.ny.us/attor- Mr. Lessard, a NYCLA Board mem- Sponsors: Agostino & Associates, some form of public service, consider the neys/volunteer/vap/index.shtml. ber, is a managing associate at Orrick, Orrick Herrington & Sutcliffe LLP, Volunteer Lawyer For the Day - Consumer Herrington & Sutcliffe LLP and pro- Kostelanetz & Fink, LLP, Benjamin N. Credit Project. Experience the satisfaction Mr. Adedeji is the coordinating attor- gram coordinator for the NYCLA U.S. Cardozo School of Law and the New of giving a “helping hand” or a “shoulder ney for NYCLA’s Volunteer Lawyer For Tax Court Bar-Related Pro Bono York County Lawyers’ Association to lean on” to ensure that others’ rights are the Day - Consumer Credit Project. Program. April 2011 / The New York County Lawyer 15 As a result of the settlement, our clients have been provided with a quality SERVICE DIRECTORY A Gratifying Pro Bono Exp. of life they had never enjoyed previously. (Continued From Page 6) Health care professionals, TSI and its reside in a one-family home in Queens with social workers, and the trustee of our OFFICE SPACE SERVICES a backyard. At the home, our clients are clients’ trusts deserve great praise. They provided with 24 hours a day/seven days a have lived up to the highest standards of week care, supervised and coordinated by professionalism and shown that the lives OFFICES FOR RENT OFFICE FOR RENT LAWYER TO LAWYER TSI’s Debra Sukhoo, a caring and devoted of the mentally ill can, in fact, be trans- Wall Street Office social worker at TSI who treats our clients formed when appropriate services and Offices for Rent SECURITIES South Street Seaport Area Starting at: $79/month as if they are part of her family Indeed, she care are provided and they are integrated • Mail & Parcel LAW brings her infant son to visit with them on into the community. ▪ Interior & Exterior Offices Receiving Services John E. Lawlor, Esq. Available w/ Secretarial Stations • Phone Answering in Your Name a regular basis. Ms. Sukhoo takes our This story demonstrates what a team of (212) Exchange Securities ▪ 24/7 Doorman clients on field trips to movies, bookstores, pro bono lawyers can do when they join • Full Floor Corporate Setting w/ Arbitration / Litigation; libraries, parks, the local diner, drugstore, Art Deco Building Well Appointed Reception Area forces with a public interest law firm to • Conf. rooms (hrly rental) FINRA Arbitrations; grocery stores and ballparks (one of our obtain justice for the disenfranchised. ▪ INCLUDES Conference • Furn. Offices (full/part time) Federal and State clients is a New York Mets fan), plans for But for this intervention, these men were Rooms and Kitchenette at 110 Wall St., 11th Floor Securities Matters birthday and holiday celebrations, and powerless to protect themselves. While ▪ Phone, Internet, Copy, Fax and (800) 205-7685 Serving The Legal Profession (516) 248-7700 arranges for the medical care and treatment no one can reverse the surgeries our Reception Packages Available! 129 Third Street [email protected] For Over 25 Years of our clients. clients endured, the settlement has pro- www.yourwallstreetoffice.com Mineola, NY 11501 As they have aged, some of our clients vided far better care and a higher quality or 212-962-6525 ext 134 [email protected] johnelawlor.com have needed more care than others. Two of life to each of our clients for their now reside in an assisted-living facility, remaining years. where Ms. Sukhoo insures they receive the care that they need. Two are now medical- Ms. Cleary is a litigation partner at ly frail and require a higher level of nursing Patterson Belknap Webb & Tyler LLP home care. TSI makes frequent visits to and chairs her firm’s Pro Bono these clients and serves as a safety net to Committee. She also serves as Chair of ensure that the quality of care at the assist- NYCLA’s Pro Bono Committee. ed-living facility and nursing homes Currently, Ms. Cleary serves on the remains high. Ms. Sukhoo arranges for board of directors of MFY Legal family members, many of them frail and Services, Inc., Volunteers of Legal elderly themselves, to visit our clients on a Service and Lawyers Committee for regular basis. Civil Rights Under Law.

ise in each of these areas. This diverse mix Make A Big Impact makes the work both rewarding and chal- lenging because it provides me with expo- (Continued From Page 7) sure to non-routine areas of the law, with Realizing just how impactful and min- the assistance of enthusiastic mentors. imally demanding of my time CLARO is, Between CLARO and the Legal I also started volunteering with the Legal Counseling Project, I spend approximate- Counseling Project, which assists clients ly five hours a month fulfilling my profes- in the areas of consumer bankruptcy, sional and civic responsibilities and it is, landlord/tenant, employment and family without a doubt, time well spent. law. It is easy for me to remain involved with both programs because of their Mr. Browne has been a NYCLA structural similarities. Volunteers are member since 2005 and is a graduate trained in all applicable practice areas of the University of Miami School of and have access to mentors with expert- Law. 16 April 2011 / The New York County Lawyer Picture yourself in front of 27,000 New York lawyers.

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