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Bridging the Gap December 2015 New York State Bar Association Continuing Legal Education Bridging the Gap December 2015 Wednesday, December 2, 2015 & Thursday, December 3, 2015 NYC | Albany | Niagara Falls 16.0 MCLE Credits Co-sponsored by the Committee on Continuing Legal Education and the Law Practice Management Committee of the New York State Bar Association This program is offered for educational purposes. The views and opinions of the faculty expressed during this program are those of the presenters and authors of the materials. Further, the statements made by the faculty during this program do not constitute legal advice. Copyright © 2015 All Rights Reserved New York State Bar Association Course Materials for this program are available at the following weblink: www.nysba.org/December2015BTGMaterials ________________________________ Join the conversation! Live tweet with us at #nysbaBTG ________________________________ Follow NYSBACLE on Twitter Be the first to hear about upcoming programs www.twitter.com/NYSBACLE Agenda Day One - Wednesday, December 2, 2015 Agenda 8:30 a.m. Registration 9:00 - 10:15 Plea Bargaining in DWI Cases - Problems and Pitfalls Speaker: Jonathan D. Cohn, Esq. Gerstenzang, O'Hern, Sills & Gerstenzang Albany, NY (1.5 skills) 10:15 – 10:25 Break 10:25 – 11:40 Alternative Dispute Resolution & Mediation Speakers: Daniel M. Weitz, Esq. and Sheila M. Sproule, Esq. Division of Professional and Court Services Office of ADR and Court Improvement New York State Unified Court System New York City (1.5 skills) 11:40 – 12:30 p.m. Social Media Defamation | What You Tweet Can Get You Sued Speakers: Marc Aaron Melzer, Esq. Hoguet Newman Regal & Kenney LLP New York City Shawndra G. Jones, Esq. Axinn, Veltrop & Harkrider LLP New York City (1.0 areas of professional practice) 12:30 – 1:30 p.m. Lunch Break (on your own) 1:30 – 2:45 p.m. Skillfully Handling Your First Deposition | 10 Tips for Success Speakers: Mirna M. Santiago, Esq. White Fleischner & Fino, LLP White Plains, NY Glenn A. Monk, Esq. Harrington, Ocko & Monk, LLP White Plains, NY Matthew Bremner, Esq. Harrington, Ocko & Monk, LLP White Plains, NY (1.5 skills) 2:45 – 2:55 p.m. Break 2:55 – 4:10 p.m. Handling Other People’s Money | Attorney Escrow Accounts 101 | Ethics Considerations Speaker: Jay L. Hack, Esq. Gallet Dreyer & Berkey LLP New York City (1.5 ethics) 4:10 – 5:00 p.m. Elder Law Update | What You Need to Know about Long Term Care, Medicare and Medicaid Speaker: Ellyn S. Kravitz, Esq. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP New York City Day Two – Thursday, December 3, 2015 Agenda 8:30 a.m. Registration 9:00 - 10:15 Basics of Employment Law | What You Need to Know about Hiring and Firing Speaker: Jonathan A. Wexler, Esq. Vedder Price, P.C. New York City (1.5 areas of professional practice) 10:15 – 10:25 Break 10:25 – 11:15 Accounting for Lawyers 101 | Understanding and Reviewing Financial Statements Speaker: David L. Evans, Esq. Albany, NY (1.0 areas of professional practice) 11:15 – 12:30 p.m. Reviewing a Residential Lease Agreement | Basic Considerations All Lawyers Should Know Speaker: Hon. Matthew J. Turner Troy City Court Troy, NY (1.5 skills) 12:30 – 1:30 p.m. Lunch Break (on your own) 1:30 – 2:45 p.m. Lawyer Assistance Program | Prevention, Intervention and the NY Rules of Professional Conduct | What You Need to Know in New York Speaker: Deborah A. Scalise, Esq. Scalise & Hamilton, LLP Scarsdale, NY Gary M. Reing, Esq. New York City Patricia F. Spataro, LMHC Director, Lawyer Assistance Program Albany, NY (1.5 ethics) 2:45 – 2:55 p.m. Break 2:55 – 3:45 p.m. Injured on the Job? What All Lawyers Should Know About Workers Comp Speaker: Robert E. Grey, Esq. Grey & Grey LLP Farmingdale, NY (1.0 areas of professional practice) 3:45 – 5:00 p.m. E-Discovery in NYS and Federal Courts Speaker: Steven C. Bennett, Esq. Park Jensen Bennett LLP New York City (1.5 areas of professional practice) Day One | 8.0 MCLE Credits 3.5 areas of professional practice, 3.0 skills, 1.5 ethics Day Two | 8.0 MCLE Credits 3.5 areas of professional practice, 3.0 skills, 1.5 ethics Total Credits 16.0 MCLE Credits 7.0 Areas of Professional Practice, 6.0 skills, 3.0 ethics Program Faculty (in order of appearance) Jonathan D. Cohn, Esq. Jay L. Hack, Esq. Gerstenzang, O'Hern, Sills & Gallet Dreyer & Berkey LLP Gerstenzang, Albany, NY New York City Ellyn S. Kravitz, Esq. Daniel M. Weitz, Esq. Abrams, Fensterman, Fensterman, Eisman, Division of Professional and Court Formato, Ferrara & Wolf, LLP Services New York City Office of ADR and Court Improvement New York State Unified Court System New York City Jonathan A. Wexler, Esq. Vedder Price, P.C. Sheila M. Sproule, Esq. New York City Division of Professional and Court David L. Evans, Esq. Services Albany, NY Office of ADR and Court Improvement New York State Unified Court System Hon. Matthew J. Turner New York City Troy City Court Troy, NY Marc Aaron Melzer, Esq. Deborah A. Scalise, Esq. Hoguet Newman Regal & Kenney LLP Scalise & Hamilton, LLP New York City Scarsdale, NY Shawndra G. Jones, Esq. Gary M. Reing, Esq. Axinn, Veltrop & Harkrider LLP New York City New York City Patricia F. Spataro, LMHC Mirna M. Santiago, Esq. Director, Lawyer Assistance Program White Fleischner & Fino, LLP Albany, NY White Plains, NY Robert E. Grey, Esq. Glenn A. Monk, Esq. Grey & Grey LLP Harrington, Ocko & Monk, LLP Farmingdale, NY White Plains, NY Steven C. Bennett, Esq. Matthew Bremner, Esq. Park Jensen Bennett LLP Harrington, Ocko & Monk, LLP New York City White Plains, NY Faculty members for New York State Bar Association seminars are volunteers in service to the profession. Their generous contributions of time, talent, and energy make this and other Association programs successful. We appreciate their work and service to the members of the New York State Bar Association. Course Materials for this program are available at the following weblink: www.nysba.org/December2015BTGMaterials Supplemental Outlines will be posted post-program. NYSBA Sections Ranging in size from approximately 500 members to more than 5,000, each section draws its membership from lawyers or judges with common professional interests. Addressing professional development, improvement of laws and continuing legal education in a variety of substantive law fields, sections keep members informed of developments in that area of concentration through programs, publications, communities, listserves and other resources. Sections offer you opportunities to make a mark within your areas of practice. Within NYSBA sections, you can • Network with influential colleagues who share your interests • Write for section newsletters and publications • Join online section-wide Communities - private, professional networks offering practical tips and guidance from other NYSBA members • Participate on substantive section committees that address timely developments • Help shape legislation that affects your practice area Antitrust Business Law Commercial & Federal Litigation Corporate Counsel Criminal Justice Dispute Resolution Elder Law and Special Needs Entertainment, Arts & Sports Law Environmental Law Family Law Food, Drug & Cosmetic Law General Practice Health Law Intellectual Property Law International Judicial (limited to judges) Labor & Employment Law Municipal Law Real Property Law Senior Lawyers (limited to attorneys age 55 and over) Tax Torts, Insurance & Compensation Law Trial Lawyers Trusts & Estates Law Young Lawyers (open to law students and attorneys admitted 10 years or less) New York State Office of Court Administration CLE Board Program Rules (22 NYCRR1500) http://www.nycourts.gov/attorneys/cle/ What's New? (excerpt www.nycourts.gov/attorneys/cle) EFFECTIVE JANUARY 1, 2016: CHANGES TO CLE FORMATS FOR NEWLY ADMITTED ATTORNEYS Changes to Newly Admitted Attorney Requirement RECENTLY ADOPTED CHANGES TO FORMATS ALLOWED FOR COMPLETION OF THE NEWLY ADMITTED ATTORNEY CLE REQUIREMENT, TO BECOME EFFECTIVE JANUARY 1, 2016 The New York State CLE Board has adopted the following changes, effective January 1, 2016, to the current requirement that newly admitted attorneys complete all of their CLE credits in the traditional live classroom setting or by fully interactive videoconference (there is no change to the number or categories of credit required, nor to the requirement that they be fulfilled by attending accredited transitional courses): • Law Practice Management and Areas of Professional Practice credit may be completed in any approved format, including nonparticipatory formats such as on-demand audio or video, or live broadcast. • Ethics and Professionalism credit may be completed in the traditional live classroom setting; by fully interactive videoconference; or by simultaneous transmission with synchronous interactivity, such as webconference, or teleconference, where questions are allowed during the program. • There is no change in the requirement for Skills credit, which must be completed in the traditional live classroom setting or by fully interactive videoconference. Newly admitted attorneys based in law offices outside of the United States may fulfill up to 16 credit hours in any approved format. The remaining credit hours must be completed in a format permissible for the category of credit. Newly admitted attorneys eligible for a prorated CLE requirement must complete the credit in a format permissible for the category of credit, except that no more than 14 credits may be earned through nonparticipatory formats, such as on-demand audio or video, or live broadcast. Continuing Legal Education (excerpt www.nycourts.gov/attorneys/cle) FAQ's for Newly-Admitted Attorneys The CLE Requirement for Newly-Admitted Attorneys • What is a "newly-admitted attorney"? • What if I was practicing law in another jurisdiction before I was admitted to the New York Bar? • As a newly-admitted attorney, what is my CLE requirement? • How do I satisfy my CLE requirement? • What are "transitional" CLE courses? Fulfilling the Requirement • How do I find CLE courses close to home? • Do out-of-state courses count towards my CLE requirement? • What is New York's "Approved Jurisdiction" policy? • I attended a CLE course where the sponsor did not apply for CLE accreditation.
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