CLE Institute Newsletter October 2011 Hon

CLE Institute Newsletter October 2011 Hon. Stephen G. Crane Receives Jack Newton Lerner Award for Outstanding Contributions to Continuing Legal Education at 2011Landlord Tenant Practice Institute

At a special luncheon held in conjunction with the 2011 Jack Newton Lerner Landlord Tenant Practice Institute, Hon. Sherry Klein Heitler, Administrative Judge, Civil Matters, First Judicial District, Supreme Court, New York County, presented the Jack Newton Lerner Award for Outstanding Contributions to Continuing Legal Education to the Hon. Stephen G. Crane. The award recognizes the individual who has made significant contributions to the Hon. Stephen G. Crane and family Hon. Sherry Klein Heitler presentation of quality CLE programming. Not only is Judge Crane Co-Chair of NYCLA’s Committee on CLE, but he is also Co-Chair of NYCLA’s seminal Art Litigation and Dispute Resolution Institute, now in its fourth year, and a speaker/ moderator at countless CLE programs during the year. He is also instrumental in offering his advice and counsel on many issues faced by NYCLA’s CLE Institute. The highlight of the award presentation was the attendance by Jack Newton Lerner’s widow, Evelyn, and her family. The CLE Institute is grateful to the Lerner family for helping us continue to honor the legacy of Jack Newton Lerner, who not only has been recognized as the “dean” of landlord tenant practice, but was also a devoted CLE lecturer for over twenty years.

The CLE Institute also wishes to thank the co-chairs of this Evelyn Lerner and family year’s Landlord Tenant Practice Institute, Hon. Laurie Lau, NYC Civil Court, Housing Part and George M. Santana, Law Firm of George M. Santana, P.C., for putting together such a fascinating program and assembling an unparalleled roster of New York State Senator Liz Kruger To Speak on Fair Pay at speakers from the bench, bar and government. CLE Institute NYCLA’s Women’s Rights Committee will co-sponsor a special program on October 6th on Progress and NYCLA Executive Director CLE Program & Special Pitfalls in the Effort to Achieve Fair Pay and Work- Sophia Gianacoplos Projects Coordinator Cherie Samuels Life Balance. Joining State Senator Liz Krueger, CLE Institute Director author of S.5674, the Fair Pay Act, will be Dina Bari Chase Graphic Designer & Bakst, Co-President, A Better Balance and Leslie Marketing Specialist Kelmachter, President, New York State Trial Lawyers Program Attorney Mary Stewart Donna Lennon Association, partner at The Jacob D. Fuchsberg Law Firm and author of A High Court (Very) Open to Registrar Kieanna Bishop Business, published in the New York Law Journal July 7, 2011. All-Star Panel of Speakers Set for Federal Criminal Practice Institute

NYCLA’s CLE Institute and the trial issues, an ethics discussion App., 2d Cir. Federal Bar Council have once and an overview of the Federal Saturday’s program will cover again joined together to co-sponsor Criminal Trial. Noted criminal federal evidence considerations, the Federal Criminal Practice defense attorneys speaking on including a session on CSI, a Institute. The program kicks Friday include: Robert Anello, discussion of the sentencing off Thursday evening, October Richard Albert and Jeremy guidelines, sentencing advocacy 13 with a networking cocktail; Temkin, Morvillo, Abramowitz, and federal appeal considerations. reception and Introduction by Grand, Iason, Anello & Bohrer, Noted criminal defense attorneys Hon. Patricia Anne Williams, P.C.; Joel Cohen, Stroock; Kelly Richard Ware Levitt, Esq. and NYS Supreme Court. Program Currie, Crowell and Moring, LLP; Barry Leiwant, Federal Defenders, Chairs Mark B. Rosen, Mark Anthony Ricco,Esq., Marjorie will be joined by Professor Bruce B. Rosen, Esq., P.C., John Jay J. Peerce, Stillman, Friedman & Green, Fordham University School College of Criminal Justice and Shechtman PC; Marc Agnifilio, of Law and representatives Alan Vinegrad, Covington & Brafman & Associates; William from the U.S. Attorney’s Office Burling LLP, have assembled an Pollard, Kornstein, Veisz, including Carolyn Pokorny, EDNY unparalleled roster of speakers Wexler and Pollard ; Henry and Jocelyn Strauber, Deputy, including judges from the Second Putzel, III, Esq. and Audrey Terrorism & International Narcotics Circuit Court of Appeals, Eastern Strauss, Fried Frank. Unit, SDNY. The Hon. Frederic and Southern Districts of New Representing the U.S. Attorney’s Block, EDNY and Hon. Richard York, Clerks and Chief Executives Office areJonathan Kolodner, Sullivan, SDNY will be joined of the Courts, members of the (SDNY); Marshall Miller, (EDNY), by Hon. Karen Greve Milton, U.S. Attorney’s Offices, noted and John Buretta (EDNY). Circuit Executive, U.S. Court of criminal defense attorneys and Judicial panelists include Hon. Appeals., 2d Circuit and Catherine academics. Steven M.Gold , EDNY, Hon. O’Hagan Wolfe, Clerk, U.S. Court Friday’s program focuses on John Gleeson, EDNY and of Appeals, 2d Circuit. initiation of the proceedings, pre- Hon. Reena Raggi, U.S. Ct. of

Ethics Institute Update SAVE the DATES: Race and the Constitution: 2011 Update NYCLA’s Ethics Institute will sponsor two programs Tuesday, November 1, 2011 (rescheduled from an earlier date) this October. On Tuesday, October 4th, Program Chair Bernard A. Krooks, Littman Krooks LLP will be joined Criminal Trial Advocacy Institute: A Bridge the Gap by Ira K. Miller Esq.Elizabeth Valentin, Littman for Lawyers Interested in Criminal Law Krooks LLP and ethicist Sarah D. McShea, Law Offices Thursday and Friday November 3 and 4. of Sarah Diane McShea in presenting Ethical Issues in 4th Annual Art Litigation and Dispute Resolution Elder Law and Special Needs Planning. Institute Friday, November 18 On Wednesday, October 26, we present Ethical Issues Confronted During Litigation, focusing on For complete program descriptions, faculty, registration information the ethical dilemmas faced by litigators, which can and pricing, consult our website at www.nycla.org often seem quite daunting. Indeed, there is a fine NYCLA’s CLE Institute now an Accredited Provider in New line between zealous advocacy, sharp practice and Jersey misconduct – as well as the resulting implications of New York County Lawyers’ Association’s CLE Institute is currently each. Using a series of real life hypotheticals, a panel certified as an Accredited Provider of continuing legal education of experts including Program Chair Richard Maltz, in the State New Jersey. Courses qualifying for CLE credit in New Counsel, Frankfurt, Kurnit, Klein & Selz, PC and Jersey will be so designated on the NYCLA website. Be sure to consult www.nycla.org for program details and program locations. panelists Frankfurt, Kurnit, Klein & Selz Nicole Hyland, NOTE: Tuition Assistance is available for qualified attorneys. Consult st PC, Ann Scherzer, 1 Dept. Disciplinary Committee our website at www.nycla.org for the application form, details and Richard Supple, Hinshaw & Culbertson LLP, will about the program and qualifications for applicants. If applying for provide guidance on how to manage problems that Tuition Assistance, please DO NOT register for the program before submitting the Tuition Assistance application. All persons granted actually arise both inside and outside the courtroom. tuition assistance will receive the course materials as a pdf file on a CD or by direct download from the NYCLA website. Special Skill Building Alan Blumfeld is a founder of ACT OF COMMUNICATIONS® as well as a Program: Acting for Lawyers professional actor who makes his living in film, television and theater. He has Join NYCLA’s Young Lawyers had recurring roles on the television Section for a very special program shows Heroes, Gilmore Girls, Becker on Thursday, October 20, as the CLE and Brooklyn Bridge, as well as over Institute welcomes Alan Blumenfeld 200 guest appearances on such tv and Katherine James, ACT OF shows as Dirty Sexy Money, Grey’s COMMUNICATIONS®, founded 30 Anatomy, CSI, Without a Trace, JAG, years ago to set a new standard in Saved By the Bell, ER, and others too the art of advocacy. During this highly numerous to mention. Besides being a interactive program, the instructors will founder of ACT OF COMMUNICATIONS demonstrate the theatrical techniques ®, Katherine James has appeared lawyers should be using to optimize in regional theater and television results in client meetings, negotiations, “Attorneys and actors share a common shows including Beverly Hills 90210, trials, mediations, arbitrations or other mission: to rivet the listener’s attention Empty Nest, Picket Fences, Family professional appearances. Attendees on the drama at hand, control their Ties, LA Law, Moonlighting … and will learn what’s needed to create and point of view, lead their instincts, and many more. For more information enhance the authenticity and impact of then convince their minds of the about the speakers, visit http://www. their own communications. After all – story’s desired end… with an ovation actofcommunication.com/aboutus.html for the actor, a decisive win for the attorney.”

October is Skill Building Month at CLE Institute

Learn the ins and outs of understanding, interpreting and accomplished writer and author of numerous journal articles analyzing two of the most important financial documents and legal treatises. For more trips on business development, -- balance sheets and income statements at the October 11th see the article by Paramjit Mahli on Preparing for Media program, Accounting for Lawyers. Understanding these Interviews. important documents is particularly critical for attorneys who: have clients with collection matters involving a trade NYCLA’s Construction Law Committee will co-sponsor receivable; represent creditors committees in bankruptcy Construction Risk Management on Monday, October or debtors in bankruptcy proceedings; are involved in 17. Learn how to navigate the complex dynamics of the matrimonial disputes hinging on equitable distribution or construction risk environment, especially in light of today’s maintenance awards; are involved in matters where business volatile nature. A panel of experts will discuss the risks that valuations are key issues; represent parties in mergers and construction contractors bear, the nature of construction acquisitions; are involved in matters evaluating the viability of defect and other litigation, the risks of unintended gaps real estate transactions, and many more in insurance coverage, the different types of construction insurance and bonding – and much more. Writing for a legal journal or other legal publication is very different from writing a legal brief or memoranda. Yet getting Join a panel of experts on October 25th as they discuss How published is a great way to raise your profile in your area of to Handle a Wage and Hour Case -- the fastest growing type expertise, bolster your resume and even use as a marketing of employment claim today. Topics to be covered include: an tool. Join a panel of experts including William Ferullo, overview of the direction of wage and hour cases; nuts and Counsel, Trusts and Estates Magazine, Susan Lipp, Editor bolts of both NY Labor Law and Fair Labor Standards Act; in Chief, Trusts and Estates Magazine, Paramjit Mahli, SCG tips and techniques for practicing before relevant agencies; Legal PR Network, Elliott Scheinberg, Esq. and Elaine identifying wage and hour issues; common mistakes Song, Legal Editor, New York Law Journal, ALM for How to employers make; tips for vetting the claims; individual claims Write a Journal Article. Learn how to submit a proposal that vs class actions and joinder issues; conducting discovery; gets noticed by the journal editors without falling through the damages … and much more! cracks, as well as the tips and techniques you need to submit an article in “publishable form.” Hear directly from the editors of two prestigious legal publications, as well as from an Preparing for Media Interviews Press interviews require poise, confidence and planning. Find out how to make yours run more smoothly with these tips.

Good publicity is literally something credible sources because they add • Use metaphors . Lawyers need to you can’t buy. Law firms of all sizes credibility to their reporting. Therefore, understand that people relate more are realizing this and are more than as long as you are prepared you can to stories than to the facts. Avoid ever before willing to incorporate public answer all the questions with confidence using legal jargon. You won’t impress relations into their business development and express yourself without trepidation. the reporter with your ‘legalease.’ and marketing objectives. However, Here’s a checklist of tips to improve Metaphors, stories and anecdotes depending on the size of the firm, where interviews: all help to illustrate and simplify they often fall short is having words message points. • Do your homework. When it comes and actions that are not aligned. For • to preparing for media interviews, Be interesting. The more example, many smaller law firms have passionate you are, the better the office managers wearing multiple hats, knowing the publication’s name alone won’t cut it. To make a good story. Remember that the reporter or hiring inexperienced people. Given is the pipeline to your audience. today’s economy, with firms scrutinizing impression lawyers should know the finer points as well, including Help the reporter tell the best story every dollar spent, looking for short cuts possible. may be cost effective in the short term the audience of the publication; but in the long term opportunities will be who the reporter is, and what type • Be ready to go off-topic. During missed and mistakes made. of tone and style is used. Knowing the interview, don’t be surprised if this information will help you tailor a reporter asks a totally unrelated Some of the biggest mistakes include: your approach – and impress the question. If a reporter asks • Expecting to see the story before it writer. Lawyers have to be careful something can’t answer immediately, goes to print. when reporter deadlines are tight, say you’ll get back to him or her • Restricting the reporter as far as since reporters cannot change later, and do so promptly. what questions can be asked. deadlines. • Avoid jargon. Avoid the use of • • Stating what questions will not be Simplify. Hone your messages to a industry jargon and acronyms. Your answered. few key points. Note very little of the mission is to convey information. interview will be used, so lawyers If your listeners have to decipher • Setting a time limit for how long must be very clear on what they industry-speak, you’ll lose their the lawyer will be available for the want to communicate. During the attention and they may miss a key interview. interview nothing is off the record. message. Law firms don’t control when and how Lawyers should never say anything Do offer to help the reporter once the the story will look once the editors have they wouldn’t want to be quoted interview is complete. Once editors read finished the editing process BUT what about as those are usually just the the stories they often have questions they can control is the press interview juicy tidbits that will end up in print. that reporters have to reach out to their itself. Being prepared for a press • Lawyers should make every original sources for clarification or more interview will reduce the risk of being effort to answer every question. information. This may not happen every misquoted and help the lawyer look his Avoid using phrases such us “no time but the courtesy goes a long way. or her best.. comment,” as you will seem evasive. Finally, remember it is NOT the reporter’s When reporters conduct interviews, they If there is a legitimate reason for not job to make the lawyer and firm put are looking for a few things. answering a question, simply state its best foot forward. Due diligence 1) Direct quotes, which infuse a human that you cannot answer it and give is the responsibility of the law firm pr voice and add a sense of life to an the reason. professionals. The more planned and article. • Flag key points. When you’re prepared you are the less the risk of 2) Background information, which will speaking, let the reporter know being misquoted. If your starting your help reporters understand the subject you’re about to make key points by public relations initiatives join the Legal matter. flagging it with a phrase such as, PR Network for FREE. 3) Supporting material that will be used “the key point is ...” or “it’s critical to in the story, but not directly quoted. remember.” This helps ensure that Communicating effectively to the news the journalist won’t miss your key Paramjit L. Mahli is with The Rainmakers media hinges on confidence. For the points while making notes about Roundtable, a source of business development something less important you just for lawyers who no longer want to experience the interview to be a win/ win, the lawyer cycles of feast or famine and are ready to grow has to relay that information effectively said. their businesses with clarity and ease. Email is and with a strategy in mind. Even highly • Use bridges to take control of the [email protected] or educated, knowledgeable professionals interview. It is likely for a reporter to [email protected]. For more often fear gotcha questions, not knowing ask a thorny question. Answer it, but information visit us on Facebook: https://www. enough about the subject matter or facebook.com/rainmakersroundtable or Blog: do bridge it to a message you want http://www.profitingwithpublicrelations.com possibly freezing before the camera. to convey, such as, “Yes, but have But the truth is reporters tend to you considered …” or “No, but we’ve be generalists and don’t know a whole lot managed to solve that problem by about any particular subject. They seek ...” Want to Be a Mentor? Need Someone to Mentor You?

In January 2010, NYCLA’s Task Force on and informal events, the Mentoring Program also Professionalism in conjunction with the CLE Institute supplements the 1:1 relationship with CLE programs launched a pilot mentoring program. The program was and informal monthly get-togethers, providing the formally adopted by the NYCLA Board a year later and, mentees with the opportunity to network with their peers, since that time, the mentees have had the opportunity other mentors and the Mentoring Program’s Advisory to meet one-on-one with experienced attorneys, attend Board. networking events and customized CLE programs and become active NYCLA committees. The next Mentoring Program session will begin in January 2012. Experienced attorneys seeking to give Each mentee is mentored by an experienced attorney back to the legal community are encouraged to apply to with a goal toward enhancing the experience of the serve as mentors. Many mentors agree that they have junior attorney in the legal profession. After an extensive learned from their young colleagues as well. NYCLA matching up process, each of the mentees is assigned members admitted to the New York State bar between a mentor who serves as a coach, sounding board two and six years may apply to be accepted in the 2012 for ideas, strategist for personal development and a Mentoring Program. Applications can be downloaded resource on how to navigate the legal profession in New from the NYCLA website beginning on October 3. York. More information about the Program and both mentor The Program also seeks to enhance professionalism and mentee applications are available on the NYCLA by introducing the mentees to programs and services website at http://bit.ly/qumMyp available at NYCLA, including committee membership, forums, professional development and other programs, Join us for an informational session about NYCLA’s pro bono opportunities and trainings, CLE classes Mentoring Program on October 12 in Room 5 on the and social events. Through a series of both structured fourth floor. RSVP to [email protected].

NYCLA CLE Institute Partners with MarinoLegal to Provide On-line CLE and Webinars

NYCLA’s CLE Institute is pleased to announce that it has partnered with MarinoLegal, a company which has been educating thousands of lawyers since 1946, to stream many of its high quality video lectures online as well as host simulcast on-line webinars of select live NYCLA programs.

Currently there are approximately 45 NYCLA programs being offered on-line, with plans to double that amount by the end of the year, as well as cost effective multi- course packages. Be sure to check both the www.nycla. org and MarinoLegalcle.com websites for dates and times of simulcast webinars. This on-line partnership will continue to raise the visibility of NYCLA’s outstanding, content taught by our unsurpassed faculty from the bench, bar, government agencies, academia and the corporate sector, both inside and outside New York State – and even throughout the world.

Attorneys can access NYCLA’s CLE programs on the web from the NYCLA homepage, www.nycla.org by clicking on the MarinoLegal icon. You can also access the NYCLA materials directly by going to www.nycla. marinolegalcle.com. NYCLA CLE Institute October 2011 Registration Form Please check your program(s) of choice: The Great Employment Debate Construction Risk Management Monday, October 3, 2011; 5:30 PM – 9:00 PM Monday, October 17, 2011, 6:00 PM - 9:00 PM 4 MCLE Credits: 0.5 Ethics; 1.5 PP; 2 Skills; Transitional and Non- 3 MCLE Credits: 2 PP; 1 Skill; Transitional and Non-transitional transitional  NYCLA Member: $125 •  Non-Member: $175  NYCLA Member: $100 •  Non-member: $150 Also the session D in four evening Bridge the Gap. How to Write a Legal Journal Article Ethical Issues in Elder Law and Special Needs Getting It Accepted, The PR Benefits and Navigating Planning the Copyright Issues Tuesday, October 4, 2011; 6:00 PM – 8:00 PM Tuesday, October 18, 2011; 6:00 PM – 8:00 PM 2 MCLE Credits: 2 Ethics; Transitional and Non-transitional 2 MCLE Credits: 2 Skills; Transitional and Non-transitional (also NJ) $35 $55  NYCLA Member: $75 •  Non-member: $125  NYCLA Member: •  Non-member:

Fair Pay Act SPECIAL EVENT: Developing Interviewing Skills That Really Work Tuesday, October 6, 2011; 6:00 PM – 8:00 PM Wednesday, October 19, 2011 6:00 PM – 8:30 PM* 2 MCLE Credits: 2 PP; Transitional and Non-transitional *A networking reception will precede the program; CLE credit is NOT  NYCLA Member: $50 •  Non-member: $75 available for this program  Public Sector/Non-profit Attorneys: $25**  NYCLA Member: $10 •  Non-Member: $15 Accounting for Lawyers Law Students: FREE Tuesday, October 11, 2011, 6:00 PM -- 9:00 PM Register early –Space is limited! 3 MCLE Credits; 3 Skills (also NJ*)  NYCLA Member: $125 •  Non-member: $175 Acting for Lawyers : Developing the Necessary Storytelling Skills to Be An Effective Advocate Federal Criminal Practice Institute Thursday, October 20, 2011: 6:00 PM – 9:00 PM Thursday, October 13 (Kickoff Cocktail Reception) 3 MCL:E Credits: 3 Skills; Transitional and Non-transitional (also NJ*) 6:00 PM – 9:00 PM  NYCLA Member: $125 •  Non-member: $175 Friday and Saturday, October 14 and 15, 2011; 9:00 AM – 5:00 PM 17 MCLE Credits: 3 Ethics; 7 Skills; 7 PP; Transitional and Non- How to Handle a Wage and Hour Case transitional (also NJ*) Tuesday, October 25, 2011; 6:00 PM – 9:00 PM Complete Program 3 MCLE Credits: 1 Ethics; 1 Skills; 1 PP; Transitional and Non- transitional  NYCLA Member: $255 •  Non-Member: $355  NYCLA Member: $125 •  Non-member: $175  Public Sector/Non-profit: $50** Single Day Ethical Issues Confronted During Litigation  NYCLA Member: $175 •  Non-Member: $275 Wednesday, October 26, 2011; 6:00 PM – 8:00 PM 3 MCLE Credits: 3 Ethics;Transitional and Non-transitional I would like to attend: ______ NYCLA Member: $75 •  Non-Member: $125 * Program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for CLE credit. See www.nycla.org for the specific credit breakdown. All Live classes are Transitional and Non-transitional unless indicated **A business card will be required at registration to confirm status and are held at NYCLA, 14 Vesey Street, New York, NY 10007.

Name______Check enclosed in the amount of $______(payable to NYCLA) Please return to: NYCLA Charge my: VISA MasterCard AMEX Discover Firm/Employer______    14 Vesey Street New York, NY 10007 Amount $______Exp. Date______Attn: CLE Institute Address______Fax: 212-267-1745 Card No.______City______State______Zip______Order online at www.nycla.org Signature______Phone______Call 212-267-6646 ext. 215 Join NYCLA prior to registering and receive member discount. E-mail______ACCREDITED PROVIDER STATUS: New York County Lawyers’ REFUNDS/TRANSFERS: Please check our website for complete Association is currently certified as an Accredited Provider of refund and transfer policy. continuing legal education in the State of New York and the State of ENTRANCE AND FACILITIES FOR THE DISABLED are available. New Jersey. Please call at least one day in advance to make arrangements: PROGRAM CREDIT FOR OTHER MCLE STATES: Many states (212) 267-6646. with MCLE requirements will grant continuing legal education TUITION ASSISTANCE: Tuition assistance is available by application credits for our programs. Please contact the appropriate State CLE for qualified attorneys. Consult our website for application and Administration Office for information. submission procedure.