COUNTYNEW YORK LAWYER

September 2010 Visit us at www.nycla.org Volume 6 / Number 7 NYCLA’s Public Service Awards Reception INSIDE

NYCLA will host its annual Public District of New York; Steven Stein Message from NYCLA Service Awards reception on Tuesday, Cushman, chief, Contract and Real Estate President James B. Kobak Jr.: September 28 at the Home of Law at 6:00 Division, City of New York Law PM. Hon. Loretta A. Preska, Chief Judge, Department; Karen Hambrick, supervising Arriving at a Principled United States District Court, Southern attorney, Harlem Community Law Office, Position on the Debate District of New York, will be the special Civil Practice, The Legal Aid Society; guest speaker at the event, which recog- Barbara K. Hathaway, assistant attorney Surrounding Construction nizes lawyers in the public sector who have general and special litigation counsel, New of Islamic Community distinguished themselves as role models, York State Attorney General’s Office; Joan innovators and problem solvers of complex Illuzi-Orbon, assistant district attorney, Center Pg. 3 legal issues. In addition, the Criminal chief, Hate Crimes Unit, District Justice Section’s Public Service Attorney’s Office, County of New York; NYCLA Ethics Institute’s Fellowships, based on an essay competi- and Susan Hofkin Salomon, senior litiga- tion, will be presented to two attorneys who tion specialist, Center for Appellate The New York Rules of practice criminal law in the public sector. Litigation. Professional Conduct The Public Service awardees are: Pamela To rsvp, email Alanna Gluck at K. Chen, chief, Civil Rights Unit, Criminal [email protected] and write ‘Public Published Pg. 5 Division, U.S. Attorney’s Office, Eastern Service Awards’ in the Subject line. Hon. Loretta A. Preska Membership Programs NYCLA Releases Initial Report Pg. 6 by Task Force on the Family Court Meet the Chairs and New Board Members Pg. 9 On August 12, NYCLA released the Report. Although some of the recommen- tional magnetometers without necessitat- Initial Report by its Task Force on the dations identified by the Task Force have ing overtime; prioritizing litigants held Family Court, which makes recommenda- already been implemented, the Task Force over to the afternoon to reduce unneces- Committees/Sections tions that “will result, ultimately, in a more chose to keep them in the Initial Report to sary delays; updating the intranet system to efficient, effective and just court.” Co- highlight their importance. The Report also expedite the petition processing and Information Pg. 13 chaired by Hon. Howard Miller, Justice of acknowledges longstanding positions expanding the information available at the Supreme Court, Appellate Division, NYCLA has advocated: consolidating and courthouse kiosks; and making that infor- TABLE OF 2nd Department, and Professor Jane M. restructuring the court system, increasing mation available in other languages to CONTENTS Spinak of Columbia Law School, the Task the number of New York City Family accommodate non-English-speaking liti- Force examined such questions as: “What Court judges, and rationalizing resources gants. Arbitrators and Mediators Needed for steps need to be taken to enhance the abil- within the court system to provide the Current Initiatives Sub-committee Attorney-Client Fee Dispute Program...... 7 Bar Association of Lille Hosts ity of the court to hear and try cases quick- Family Court with essential resources to recommendations: Enhancing the case- International Conference ...... 5 ly and effectively? What initiatives are conduct its work fairly and effectively. management system, which includes court Committees/Sections Application...... 13 being created and implemented by stake- Sub-Committees’ Recommendations conferencing and expansion of early CLE Programs...... 14 holders and the court itself in the five bor- One recommendation made by the Task screening, triage and front-loaded services; CLE Tech Programs...... 14 oughs? What information is currently Force’s Trial Practice Sub-committee, increasing the utilization of mediation and Doing Pro Bono Work for Professional Development...... 2 being collected by the court system?” which examined steps to enhance the court-connected services; increasing the Ethics Hotline...... 15 “The Task Force built on the ideas gener- Court’s ability to hear and try cases quick- utilization of diversion programs; and Events Calendar ...... 2 ated at the two NYCLA conferences on the ly and effectively, is to set up a pilot pro- increasing data collection and analysis. How I Became a Land-Use Litigator...... 11 Family Court held several years ago,” said gram in each borough where judges would Trial Practice Sub-committee recom- Library Notes ...... 7 Meet the Chairs...... 9 Professor Spinak. “We were especially use written affidavits in lieu of direct testi- mendations: Increasing the potential pool Meet Two New Board Members ...... 9 interested in identifying ways to build on mony for witnesses in cases involving the of Judicial Hearing Officers by expanding Member News...... 14 existing reform efforts while also encourag- termination of parental rights. the use of retired judges from outside New Membership Events ...... 12 ing the court system to step back and eval- Three other Sub-committees of the Task York City; using attorneys, under judicial Membership ...... 6 uate those efforts in order to determine Force contributed sections of the Report. supervision, to manage court conferences; Message from the Director of the CLE Institute..4 Message from the President...... 3 which reforms were working and which The Point-of-Entry Sub-committee exam- holding trials in block times in the morning Metropolitan Museum’s Concerts needed to be reconsidered. At its core, the ined events taking place from the litigant’s on consecutive days; adjourning trials for and Lectures...... 11 Task Force wanted to reconfirm the idea arrival at the courthouse to the filing of the not more than 30 days and only for good NYCLA Releases Family Court Report ...... 1 that the Family Court is a court of law and petition; the Current Initiatives Sub-com- cause shown; covering all substantive NYCLA’s Committees and Sections...... 13 NYCLA Ethics Institute’s The New York needs the tools and resources to act as one.” mittee identified and analyzed many inno- hearings by court reporters; requiring court Rules of Professional Conduct ...... 5 It is noteworthy that Family Court vative programs operating in the New York reporters to produce transcripts within two NYCLA Hosts Public Service Administrative Judge Edwina Richardson- City Family Court and with its stakeholders; weeks; and scanning all exhibits offered Awards Reception ...... 1 Mendelson’s Plan for the Future of New and the Information and Data Sub-commit- into evidence at trial, with copies provided NYCLA Art Committee’s First York City Family Court, released in early tee examined data collection and usage to all parties and the court. Annual Film Festival...... 2 Practice of Law Series ...... 10 2010, addresses many of the goals and rec- among the Family Court stakeholders. The Information and Data Sub-committee: Pro Bono Opportunities...... 3 ommendations of the NYCLA Task Force four Sub-committees’ recommendations Bringing together all of the stakeholders in Public Policy Developments...... 4 include: the Family Court to collectively assess and Recent Events...... 8 compare their current data-collection sys- Substance Abuse Hotline...... 10 2010 Attorneys’ Guide...... 7 Point-of-Entry Sub-committee recom- tems; having the stakeholders collectively 2010 New York County Criminal mendations: Staggering shifts for court agree what data would be informative and Courts Manual...... 11 officers to permit the operation of addi- (See NYCLA Task Force on Page 10) Tips for Lawyers on Proof, Privacy and E-Signatures...... 11 2 September 2010 / The New York County Lawyer EVENTS CALENDAR Doing Pro Bono Work for Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. Professional Development Admission: $5 for each showing (There September will also be showings on November 3 Doing pro bono work can often Ms. Konrad has published arti- and December 1.) Send a check, made lead to profitable new business. In cles in numerous publications, SPECIAL EVENT: CRIMINAL payable to NYCLA, to NYCLA - Film this program, learn how different including Fortune magazine, JUSTICE SECTION’S COCKTAIL Festival, 14 Vesey Street, New York, types of legal work can lead to pro- books on marketing and busi- RECEPTION CELEBRATING THE NY 10007. Proceeds from the Festival fessional gains, including direc- ness development, and a novel. LAUNCH OF THE FIRST EDITION will help underwrite NYCLA’s pro bono tional visibility among potential OF THE NEW YORK COUNTY programs. Sponsor: NYCLA’s Art clients and an enhanced reputation. Date/Time: Wednesday, CRIMINAL COURTS MANUAL Committee Speaker: Evelyn Konrad has September 15 - 6:00 PM Monday, September 13 6:00 - 8:00 PM (For more information about this event, been a litigator since 2007 spe- Location: NYCLA Home of Place: Woolworth Tower Kitchen – 233 Evelyn Konrad refer to the article on this page.) cializing in pro bono land-use liti- Law - Broadway gation. Prior to entering the legal 14 Vesey Street Admission: $30 includes hors d’oeuvres; SPECIAL EVENT: LUNCH IN field, Ms. Konrad was the owner and CEO FREE and open to NYCLA members cash bar (happy hour prices). Proceeds CHAMBERS PROGRAM of her own public relations firm for 30+ only RSVP: [email protected] (space is from the cocktail reception will help Tuesday, October 19 12:30 PM years and CEO of two dot-com start ups. limited) underwrite the Public Service Fellowship Place: US District Courthouse, SDNY, Essay Competition. For reservations, 500 Pearl Street send a check, made payable to the FREE Criminal Justice Section, to NYCLA Host: Hon. Loretta Preska, Chief Judge, NYCLA Art Committee's Film Criminal Justice Section, 14 Vesey U.S. District Court, Southern District of Street, New York, NY 10007. If you New York cannot attend the reception but would Sponsor: NYCLA’s Young Lawyers’ Festival Premieres on October 6 like to make a donation to the Public Section Service Fellowship Essay Competition, By Mandy Arjmand RSVP (limited seating): Daniel K. you may send a check, payable to the Wiig, co-chair, Young Lawyers’ Section, NYCLA Foundation, to the address NYCLA's First Annual Film Festival at [email protected] above or go online at www.nycla.org and premieres on Wednesday, October 6 at the click on NYCLA Foundation. NYCLA Home of Law at 6:00 PM. The Art PUBLIC FORUM: A Committee is delighted to present a series CONVERSATION WITH IN-HOUSE SPECIAL EVENT: IN PRACTICE of films that have garnered acclaim in film COUNSEL PROGRAM festivals throughout the United States and Thursday, October 21 7:00 PM Tuesday, September 14 12:30 PM the world. Select screenwriters, directors Place: NYCLA Home of Law – 14 Place: New York Supreme Court, 60 Vesey Street (See Film Festival on Page 13) Centre Street, Room 218 FREE FREE Confirmed Speakers: Stephen Broer, Hosts: Megan McHugh, Esq., principal Esq., counsel, The Guardian Life Active in the school’s Moot Court law clerk to Hon. Richard B. Lowe III, Insurance Company of America; Ira Program, Mr. Kimmel was a member of Supreme Court, Civil Branch, New York Correction Cohen, Esq., general counsel, Elie the national team. County, and Robert Hardman, Esq., prin- Tahari, Ltd.; Michael Hoffman, general In the July/August issue of New York cipal law clerk to Hon. Eileen Bransten, counsel, County Lawyer, we misidentified two Stephen C. Lessard Supreme Court, Civil Branch, New York Tremblant Capital Group; Randy L. Board members. Below is the corrected Associate, Orrick, County Shapiro, Esq., deputy chief counsel, text and photos. Herrington & Topic: Careers in the New York State Newsweek, Inc.; and Rebecca Siegel Sutcliffe LLP Court System as a Principal Law Clerk Baron, Esq., general counsel, Spa Chakra JEFFREY M. Stephen C. Lessard, Sponsor: NYCLA’s Young Lawyers’ Program: A question-and-answer ses- KIMMEL an associate at Section sion with in-house counsel concerning Salenger, Sack, Orrick, Herrington RSVP (limited seating): Daniel K. the path to securing such a position, the Kimmel & Bavaro, & Sutcliffe LLP, Wiig, co-chair, Young Lawyers’ Section, benefits and pitfalls of the job and what LLP handles taxation of at [email protected] they look for in retaining outside coun- Jeffrey M. Kimmel debt and equity sel. is a partner in the offerings, collateralizations, NYCLA’S ANNUAL PUBLIC Sponsor: NYCLA’s Young Lawyers’ Manhattan firm of reorganizations, cross-border SERVICE AWARDS RECEPTION Section Salenger, Sack, transactions and municipal finance. He Tuesday, September 28 6:00 PM RSVP: [email protected] and write Kimmel & Bavaro. He is a proven, expe- also has experience counseling Place: NYCLA Home of Law – 14 ‘October 21 Forum’ in the Subject line. rienced trial attorney and actively man- nonprofit organizations on federal tax Vesey Street ages his firm's medical malpractice law and corporate governance. He is FREE department. Mr. Kimmel has earned the active in his firm’s Diversity and NYCLA will honor six attorneys in November highest ranking among attorneys by Recruiting Committees and has recognition of their dedication and com- Martindale-Hubbell’s Peer Review participated in numerous pro bono mitment and the Criminal Justice Section PUBLIC FORUM: COLLATERAL Ratings Service and was selected as one projects by providing tax advice to will present two Public Service CONSEQUENCES OF of New York City’s “Ten Leaders” in nonprofit organizations and writing Fellowships based on an essay competition. CONVICTIONS: POST- Civil Trial and Personal Injury Law. He appellate briefs for the New York Special Guest Speaker: Hon. Loretta A. CONVICTION RELIEF FROM has been named to the prestigious New County District Attorney. He chairs Preska, Chief Judge, United States DISABILITIES York Super Lawyers list in the personal NYCLA’s Lesbian, Gay, Bisexual and District Court Wednesday, November 10 6:00 PM injury and medical malpractice areas. Mr. Transgender Issues Committee and is a Chair: Catherine A. Christian, past pres- Place: NYCLA Home of Law – 14 Kimmel previously served as an member of the New York State Bar ident of NYCLA Vesey Street Assistant District Attorney in Bronx Association’s Civil Rights Committee. RSVP: [email protected] and write FREE County. He is a frequent lecturer on trial He has published several articles on tax ‘Public Service Awards’ in the Subject Confirmed Speakers: Hon. Harold Baer preparation, trial strategy and courtroom law issues, one of which received the line. Jr., U.S. District Judge, Southern District techniques, speaking to attorneys at bar 2006 Burton Award for Legal (Please refer to the front-page article for of New York; Hon. Colleen McMahon, associations, as well as to students at Achievement. During a 20-year career more information.) U.S. District Judge, Southern District of local law schools, colleges and high with the U.S. Navy, Mr. Lessard served New York; Hon. James Yates, New York schools. Mr. Kimmel also appeared on on ships and ashore as a surface warfare State Supreme Court; and Seth Steed, television as a legal analyst. He is an officer, and among the awards he has October staff attorney, Neighborhood Defender active member of the Medical received are the Meritorious Service Service of Harlem FIRST ANNUAL NYCLA FILM Malpractice Committee of the New York Medal, Navy Commendation Medal and Sponsor: NYCLA’s Judicial Section FESTIVAL City Bar and is also a member of the Navy Achievement Medal. Since 2005, RSVP: [email protected] and write Wednesday, October 6 6:00 PM New York State Trial Lawyers he has volunteered as a counselor at ‘November 10 Forum’ in the Subject Place: NYCLA Home of Law – 14 Association, New York State Bar Servicemembers’ Legal Defense line. Vesey Street Association and New York City Bar. Network. He is a graduate of Mr. Kimmel is a graduate of Brooklyn Georgetown University Law Center, To Advertise in New York Law School, where he received the where he was a member of The Tax Lawyer journal staff, serving as an County Lawyer, Call (866) 867-9121 American Jurisprudence Awards in Legal Writing and Appellate Advocacy. executive editor. September 2010 / The New York County Lawyer 3

MESSAGE FROM JAMES B. KOBAK JR. NEW YORK PRESIDENT OF THE NEW YORK COUNTY LAWYERS’ ASSOCIATION COUNTY LAWYER Arriving at a Principled Position on the Debate James B. Kobak Jr. President

Surrounding Construction of Islamic Community Sophia J Gianacoplos Center in Lower Manhattan Executive Director Mariana Hogan The proposed construction of an normal legal requirements for land use Chair, Editorial Board Islamic community center on Park Place and public safety are fulfilled, no group in lower Manhattan, within blocks of the should be denied a place for peaceable Marilyn J. Flood World Trade Center site, has recently assembly and worship because of sin- Counsel to NYCLA drawn national attention. The building, cerely held religious belief or ethnicity. Executive Director of the Park51, would be approximately 15 sto- That a proposed community center may NYCLA Foundation ries and contain a mosque, a 500-seat add to the diversity and mix of people auditorium, a restaurant and a pool. and beliefs in an area of downtown According to The New York Times, “Its Manhattan still suffering from the physi- Anita Aboulafia leaders say it will be modeled on the cal and economical dislocations of Editor Y.M.C.A. and Jewish Community September 11th should be a reason for Director of Communications Center in Manhattan.” lawyers -- particularly members of an The project’s organizers are Daisy organization such as NYCLA -- to Khan, co-founder with her husband of September 11th terrorist attacks and the embrace a new neighbor, not to shun it. the American Society for Muslim fact that the 19 hijackers were radical NYCLA itself was formed to allow New York County Lawyer is Advancement, her husband, Imam Feisal Muslims, the building of a house of inclusion in a bar association of those published by Abdul Rauf, Imam of a mosque in Muslim worship on Park Place would be whose backgrounds, views and ethical Long Islander Newspapers Tribeca for nearly 30 years and vice disrespectful and insensitive to the values seemed “different” or disquieting under the auspices of chair of the Interfaith Center of New friends and relatives of the nearly 3,000 to many of the more established lawyers the New York County Lawyers’ York, and Sharif el-Gamal, a New York- people killed on that day. At least some and members of society at the time. Association. For advertising born real estate investor. friends and relatives have disclaimed NYCLA’s building was built 80 years information, call 631-427-7000. Supporters of the project include this position. ago to give its increasingly diverse Mailing address: 149 Main Street, Community Board 1, covering lower As Mr. Aaron’s quote indicates, this membership a place to congregate, as Huntington, NY 11743. Manhattan, which voted overwhelmingly anti-downtown mosque position, adopt- well as learn and share their knowledge - 29 to 1 - to endorse the Islamic com- ed by some for political expediency but and experience at the bar. munity center, and New York City offi- undoubtedly tied up with difficult emo- NYCLA is proud of its tradition of th Copyright © 2010 New York County cials, including Mayor Michael tions stemming from September 11 for inclusion, respect for diversity and civic Lawyers’ Association. All rights Bloomberg. NYCLA has come out in others, seems deeply inconsistent with involvement. The New York legal com- reserved. New York County favor of the project. In the New York core constitutional and democratic val- munity is stronger because of its princi- Law Journal, NYCLA President Elect ues -- values for which NYCLA has pled position. The same principles that Lawyers’ Association grants permis- Stewart Aaron was quoted as follows: always stood. support NYCLA‘s continued existence sion for articles and other material “NYCLA was founded on a commitment NYCLA believes a longer term, more and presence in a downtown building herein or portions thereof to be to inclusion” and "welcomes the mosque nuanced and more inclusive perspective apply to other groups and other build- reproduced and distributed for educa- to the neighborhood" as an addition that is appropriate, especially for those com- ings. For these reasons, assuming appli- tional or professional use through would make "the area around ground mitted to the rule of law. NYCLA, cable laws and procedures are followed, direct contact with clients, prospec- zero more vibrant." The New York City unlike some critics, would be an actual NYCLA looks forward to a nearby cul- tive clients, professional colleagues Bar also issued a formal statement in neighbor of the proposed community tural center that will add to the cultural and students provided that such use support of the mosque. center as the NYCLA Home of Law is and ethnic vibrancy of lower shall not involve any matter for Opponents assail the project, claiming only two blocks away at 14 Vesey Street. Manhattan. which payment (other than legal fees that given the mosque’s proximity to the Yet we firmly believe that as long as the or tuition) is made and provided fur- ther that all reproductions include the name of the author of the article, the copyright notice(s) included in the Pro Bono Opportunities for NYCLA Members Only original publication, and a notice indicating the name and date of the Legal Counseling Project counsel clients one night per month effort to assist in resolving the case and Association publication from which Training: Two Tuesdays: September from October 2010 through June 2011. provide procedural advice to pro se the reprint is made. Subscription rate: 14 and 21, 6:00 -9:00 PM CLE credit will be awarded upon com- petitioners who decide to proceed to $10.00 per year for non-members NYCLA members in good standing pletion of the commitment. trial. can volunteer to provide counseling to To register or for further informa- NYCLA is the first bar association in clients seeking advice in the areas of tion, call Lois Davis, director of Pro New York to offer a Tax Court Pro family law, consumer bankruptcy law, Bono Programs, at 212-267-6646, ext. Bono Program. To participate, you New York County Lawyer is published landlord-tenant law and employment 217 or email [email protected]. must be admitted to both the New York monthly (except January and August) for law at our Legal Counseling Project and U.S. Tax Court bars, have at least $10 per year by New York County evening clinics. No representation of U.S. Tax Court Bar-Related three years of tax law practice experi- Lawyers’ Association, 14 Vesey Street, any kind is undertaken. Clients are Pro Bono Program ence and attend the training session. New York, NY 10007. Periodicals postage prepared during the clinics for pro se Training: Thursday, You will be covered under NYCLA’s paid is mailed at New York, NY and addi- representation. You may be asked to September 16, 8:00 – 9:00 PM malpractice insurance policy. You tional mailing offices. POSTMASTER: review documents, answer questions, NYCLA members in good standing must commit to counsel clients at one Send address changes to: New York County discuss areas of concern that the client can volunteer to provide counseling to calendar call session per quarter from Lawyer, 14 Vesey Street, New York, NY should be aware of when entering into clients seeking advice in the area of tax October 2010 through September certain agreements or point out various law at calendar call sessions of the U.S. 2011. Calendar call sessions for the 10007-2992. methods whereby the client can either Tax Court conducted in New York. No last quarter of 2010 are scheduled for correct a problem or seek appropriate representation of any kind is undertak- October 4, November 29 and USPS #022-995 assistance and direction. Mentors, who en and you will not be required to enter December 6. CLE credit will be ISSN: 1558-5786 are experts in the four practice areas, an appearance. Clients are advised by awarded upon completion of the com- are available by phone on each clinic program volunteers while appearing mitment. $10.00 of membership dues is deducted for night to assist the volunteer attorneys. pro se before the U.S. Tax Court. You To register or for further informa- a one-year subscription to the New York You must be admitted to the bar for may be asked to consult with pro se tion, call Lois Davis, director of Pro County Lawyer. at least two years, have one year of petitioners regarding the merits of their Bono Programs, at 212-267-6646, ext. legal practice experience and attend cases and evaluate any settlement pro- 217 or email [email protected], or call both training sessions. You will be posals from the Internal Revenue Stephen Lessard, Tax Court Pro Bono Photo Credits covered under NYCLA’s malpractice Service, act as a communicator or Program Coordinator, at 212-506-5137 Anita Aboulafia insurance policy. You must commit to mediator between the parties in an or email [email protected]. Alanna Gluck Kevin Hsi 4 September 2010 / The New York County Lawyer MESSAGE FROM BARI CHASE, DIRECTOR OF THE CLE INSTITUTE Back to School at the CLE Institute In September, the CLE Institute is offer- Monday evenings from 5:50 – 9:00 PM Accounting and Taxation/Media variety of business and individual clients ing a wide variety of programs for attor- and include: Relations and Social Media, September mainly in copyright law and his practice neys at all levels of experience. We kick 27 also involves art law and litigation. He is off the fall season with Bridge the Gap: Session A: An Evening of Ethics: Ethics Session D: Depositions/Powerful Writing the author of Copyright Litigation Four Evenings Program. Attend all four for the Subordinate Lawyer/You May Be Techniques to Help You Persuade Handbook (West Publishing), as well as evenings and satisfy all of your first- or a Tax Lawyer (and Not Even Know It), Judges and Win Clients, October 4 co-chair of NYCLA’s annual Art second-year MCLE requirements. Or mix September 13 Litigation and Dispute Resolution and match the programs that interest you Session B: How to Handle Your First Check our website at www.nycla.org for Institute. and earn from 4 to 12 MCLE credits. Appeal/Advocacy, September 20 complete program details, faculty and NYCLA’s Futures and Derivatives Programs will be held on consecutive Session C: Skills 101 for Lawyers: credit allocation. Committee and the George Washington University Law School Center for Law, On Tuesday, September 14, the CLE Economics and Finance will co-sponsor Institute welcomes back Raymond Dowd The Remaking of Wall Street on Public Policy Developments to present a program, Copyright and Fine Wednesday evening, September 15. June 14, 2010 – NYCLA adopted a report County Bar Associations in filing a Art. Mr. Dowd, a partner at Dunnington prepared by the Ethics Institute in support motion for a preliminary injunction and Bartholow & Miller LLC, represents a (See Message from Bari Chase on Page 14) of the New York State Bill A8697, which temporary restraining order seeking main- would amend the Lien Law of Judiciary tenance of the status quo in New York Law Sections 475 and 475-a. City's indigent defense system pending July 19, 2010 – New York City issued a resolution of this matter. new Executive Order confirming the five August 3, 2010 – In the matter of H.M. v. county bars’ role in the indigent defense E.T., a case in which NYCLA filed an plan. amicus brief in support of the appellant June 23, 2010 – NYCLA adopted a report and biological mother, H.M., who had in support of the New York State Bill sought child support from E.T., her for- S7877/A5213-A, which would amend the mer same-sex partner, the Appellate Criminal Procedure Law in relation to the Division, Second Department found in recording of custodial interrogations. favor of H.M. August 12, 2010 – June 23, 2010 – NYCLA adopted a report NYCLA adopted the prepared by the Ethics Institute in Initial Report by the Task Force on the response to a request by the ABA Family Court. (For more information, Commission on Ethics 20/20 for com- refer to the front-page article.) ments on its Working Group on In-House To read reports, letters, amicus briefs, Foreign Lawyer Issues. testimonies, comments and other docu- ments related to NYCLA’s public poli- June 25, 2010 – NYCLA joined with cy initiatives, visit www.nycla.org and Bronx, Kings, Richmond and Queens click on News & Publications.

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Administration • Appeal • Executor • Guardianship Injunction • Conservator • Lost Instrument Stay • Mechanic’s Lien • Plaintiff & Defendant’s Bonds Serving Attorneys since 1975 Complete Bonding Facilities IMMEDIATE SERVICE! 1-800-841-8879 FAX: 516-741-6311 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street, New York, NY 10006 September 2010 / The New York County Lawyer 5 NYCLA Ethics Institute’s The New York Rules of The New York Center for Neuropsychology Professional Conduct Published & Forensic Behavioral Science by Oxford University Press NYCLA announces the publication of cases and a bibliography, as well as topi- Dr. N.G. Berrill, Director The New York Rules of Professional cally organized annotations of relevant Conduct, edited by the NYCLA Ethics ethics opinions and cases and forms, are Institute and published by Oxford included. Cross references compare the University Press. In April 2009, New new New York's Rules with the past New York State adopted the Rules of York Code and current ABA Model Professional Conduct, which are the eth- Rules. [ \ ical rules governing all attorneys A subgroup of the NYCLA Ethics Over 20 Years licensed to practice in New York. The Institute’s Board of Advisors are the edi- New York Rules of Professional Conduct tors of The New York Rules of provides attorneys with the most current Professional Conduct. Lewis F. Tesser, case law, opinions and in-depth com- chair of the Ethics Institute, serves as edi- Providing Consultation to Attorneys mentary governing ethical conduct. The tor-in-chief, Bari Chase, director of the book includes the complete New York CLE Institute, as editorial director, Rules of Professional Conduct, selected Wallace L. Larson Jr., as executive editor, & the Courts on Psycho-legal Matters state and federal statutes and court rules, Michael S. Ross, as editorial consultant, selected articles, a comprehensive index Hon. Gerald Lebovits and Edwin David and a Code-to-Rules correlation table Robertson, past president of NYCLA, as comparing the provisions of the new contributing editors, and Carol Buckler • Criminal Cases: Competency Issues, Criminal Rules to their comparable provisions in and James B. Kobak Jr., president of the prior Code. NYCLA, as editorial advisors. Rule Responsibility, Extreme Emotional Disturbance, Risk The New York Rules of Professional Editors include: Andral Bratton, Janessa Conduct provides in-depth analysis of Bernstein, Gordon Eng, Robert Fettman, Assessment, Sex Offender Workups & Dispositional each ethics rule and practice pointers Bruce A. Green, Sarah Jo Hamilton, John focusing on how to deal with the ethical R. Horan, Devika Kewalramani, Wallace Planning dilemmas attorneys face in daily prac- L. Larson Jr., Richard M. Maltz, Sarah tice. The practitioner-oriented approach Diane McShea, Ronald C. Minkoff, contains tips, warnings and alerts. For Martin Minkowitz, Deborah A. Scalise, ease of use, finding aids, including a Barry R. Temkin, Ellen Yaroshefsky and • Matrimonial & Family Court Cases: cumulative index, tables of rules and Carol L. Ziegler. Custody/Visitation, Neglect/Abuse, Termination, Bar Association of Lille Hosts Delinquency, Family Violence, & Adoptions

International Conference on • Civil Cases: Competency Issues, Head Trauma, Representation of the Indigent Sexual Harassment, Discrimination, Immigration, On June 25, Immediate Past President vided counsel to indigent criminal defen- & Post-Traumatic Stress Disorders Ann B. Lesk participated in an internation- dants, but there was a vast disparity al conference on representation of the indi- between the continents with respect to the gent in Lille, France that was attended by assistance provided as of right to indigent attorneys from France, England, Belgium, persons in civil litigation. All of the Italy and other countries. The Bar European states provide some level of Association of Lille, with which NYCLA civil legal assistance to the indigent as of Comprehensive Diagnostic & has a sister bar relationship, invited right. The other participants in the confer- NYCLA to send a representative to address ence found it hard to believe that in the the conference on legal representation of U.S., indigent parties to actions leading to Treatment Services the indigent in both civil and criminal cases foreclosure, eviction and other serious in the United States. A representative from consequences had no right to counsel. CEPEJ, the European Commission for the Ms. Lesk’s remarks can be viewed on Efficiency of Justice, provided an overview NYCLA’s website. Go to www.nycla.org of European systems. and click on News & Publications and The U.S. and European states all pro- then on Speeches. 26 Court Street, Suite 912, Brooklyn, NY 11242 Diana C. Gianturco 718-237-2127 ATTORNEY AT LAW &

P.O. BOX 419 45 North Station Plaza, Suite 404, Great Neck, NY 11021 LONG BEACH, NY 11561 516-504-0018 Tel: 888-805-8282 Fax: 516-706-1275 Text: 321-480-1678 APPEARANCES IN QUEENS COUNTY WWW.NYFORENSIC.COM E-mail: [email protected] 6 September 2010 / The New York County Lawyer Membership ipation so NYCLA can honor you. The result, Mr. Talbert says, is that, recent years, judges have recognized the *If your firm has 100 percent participa- “The spouse without the degree is being speculative nature of such valuations by tion at NYCLA and a minimum of five paid NOW, for a stream of income that awarding smaller percentages to the non- attorneys, please email Harriet Astor, may never come to fruition. The spouse titled spouse. This makes the system a lit- director of the Membership Department, at with the license could get into an accident tle fairer. Still, his best advice: Tell [email protected] or call her at 212-267- and be incapable of earning the assumed your children to get married after they 6646, ext. 212. projected stream of income. Also, in an complete all of their education. age where people change jobs and careers Mr. Seifert is a longtime Sunday Divorce Law every few years, the valuation of a degree Opinion editor of Newsday. 100 Percent NYCLA assumes that the degree adds the same Membership at Chemtob By Leslie Seifert value to their career until retirement age.” Brainstorming a Short Op-Ed Article When it comes to divorce law, New He rejects the Court’s notion that an Leslie Seifert, a longtime Sunday Moss Forman & Talbert, York is truly distinguished. It was the last entire career’s earnings can be projected Opinion editor of Newsday, will lead a LLP! state to adopt no-fault divorce when legis- by actuarial techniques that he says factor small group session for those who want to lation passed in June. And it is virtually in a near-zero rate of failure. “Certainly,” try their hand at writing opinion pieces or NYCLA congratulates Chemtob Moss the only state where a law license can be Mr. Talbert asserts, “a court should con- improve the chances of publishing a piece Forman & Talbert, LLP for 100 percent formally valued as marital property to be sider any contributions or sacrifices that a they have already written. He will work on firm membership in the New York County divided in a divorce settlement. spouse makes to the acquisition of a sharpening and focusing story ideas, which Lawyers’ Association. Paul M. Talbert, Paul M. Talbert, partner at Chemtob license or degree. However, there are bet- are often the hardest things for writers to partner at Chemtob Moss Forman & Moss Forman & Talbert, LLP, reminds ter tools at the courts’ disposal. Spousal do. Participants are encouraged to bring a Talbert, LLP, remarked that the fellow licensees of the enormous impact support can be increased for the non-titled one-page story proposal or a piece of up to Association has a great history and an that this “asset” can have on divorce litiga- spouse. And unlike equitable distribution, 600 words that they have already written. active Matrimonial Law Section and they tion. In the words of the State Court of spousal support can be modified in the Date/Time: Thursday, are happy to support NYCLA. He added Appeals, a marital estate may include “the future if the licensee’s earnings don’t real- December 9 - 6:00-8:00 PM that NYCLA has helped the firm learn present value of any increased earning ize their full potential or are affected by Place: NYCLA Home of Law - about new developments in matrimonial capacity attributable to a professional some unforeseen event.” 14 Vesey Street law and other practice areas. NYCLA license earned during the marriage.” The Absent legislation, courts will continue FREE thanks them for their support. Please let us earning power is assumed to continue the current classification of marital RSVP: [email protected] know if your firm* has 100 percent partic- “throughout the life of the license.” assets. Talbert notes, however, that in (Group size will be limited) Small Businesses Do Matter! By Bert Rosenblatt and Andrew Stein Small Tenants are Grouped Together Avenue and comprises smaller businesses. For the most part, tenants occupying Such is the case in many New York build- Did you know that 36 percent of commer- small spaces in buildings are not alongside ings – there may be 60 tenants in your build- cial real estate tenants rent less than 2,500 large corporate tenants. This is partially ing, but they are all your size. When you add square feet of office space? Another 22 per- due to the fact that those large corporate up all of these tenants and the amount of cent rent between 2,500 and 4,999 square tenants require their buildings to have a space they are renting and, therefore, the feet, which means that almost 60 percent of large open floor plate that is not conducive amount of money they are making for the all commercial real estate tenants occupy to a smaller tenant. Big corporations tend landlord, you are looking at a substantial space that is 5,000 feet or under. Again and to take up multiple floors, if not whole piece of the pie. Consider how much money again, we hear that small business owners buildings. Smaller tenants, on the other your landlord would lose if you moved out are afraid of their landlords. They think they hand, tend to be grouped together. If you and multiply that by 60. That is how much are in the minority and consider themselves were to take a survey of New York City’s your landlord would lose if all the small ten- the ‘itty-bitty’ tenants up against the ‘big commercial buildings, you would find that ants in your building vacated. Remember, bad’ landlords. The statistic above proves there are far more buildings catering to your building is just one of many chock full that small businesses are not ‘itty bitty’ – not smaller tenants – and these are the tenants of smaller businesses. ants, there are dozens of buildings full of by any means! On the contrary, they are the who make up a substantial portion of rev- With small businesses comprising over small, responsible tenants. These tenants ones making up the majority of the New enue for the landlords. half of today’s commercial real estate mar- matter to landlords. So don’t be afraid to York commercial real estate market. Small ket, such tenants have nothing to fear. do your research and ask for a good deal. businesses are the lifeblood of New York – Small Businesses Comprise a Small businesses are the lifeblood of New Your landlord can’t stand to lose you. they are what keeps our city’s heart pump- Big Piece of the Pie York’s real estate; without them, many (See page 12 for information about a ing. Read on to learn why you have no rea- Take, for instance, 275 Madison Avenue, landlords would have no tenants. For Membership Program with Mr. Rosenblatt son to fear your landlord. which sits on 40th Street and Madison every building with just a few anchor ten- and Mr. Stein.) Member Benefit: RPost® – A Simple, Easy-to-Implement Solution

influential bar associations in the U.S. and from the contracting parties – resulting with straight-through delivery to the recip- RPost operates in eight languages with in signed-off contracts with visual, hand- ient’s inbox, auto delivery of decryption offices worldwide. written signatures scripted onto signature passwords, options to reply encrypted with Registered Email® by RPost: Provides lines of any document or government court admissible records proving compli- the sender with legally valid and court form. After using RPost’s eSignOff serv- ance with security requirements and e-dis- admissible evidence of email correspon- ice, you may argue that this innovation covery management for decryption of liti- dence occurring from the sender’s desktop should not even be considered an electron- gation-related email evidence. email or directly from applications -- pro- ic signature, but rather, a handwritten sig- viding the sender with evidence of deliv- nature “electronically applied” to the con- For special NYCLA member pricing, RPost has set the global standard for ery, content and timing of any contract tract, resulting in a legally, functionally submit a request to [email protected] and email proof, privacy and electronic signa- notice sent by email, without requiring and visually equivalent sign off to a photo- reference “NYCLA Special Offer.” tures with its flagship Registered Email® recipients to download any software, click copied wet-ink signature on paper. Download a free trial at www.rpost.com. services. RPost services have been granted links or visit special websites to open and SecuRmail™ by RPost: Provides end- (For more information, refer to the article 25 patents with worldwide coverage, used read messages. to-end encrypted delivery for an email on Page 11 about tips for lawyers on daily by the U.S. government since 2003 eSignOff® by RPost: Embeds electron- message’s body text and all attachments, proof, privacy and e-signatures) and endorsed and marketed by most of the ic signatures onto contracts by email to

The ABA Retirement Funds NYCLA Holds Monthly Drawings for Free offers unique 401(k) plans to qualified NYCLA members. Live, Three-Credit CLE Course Corresponding services include plan design, administration and Congratulations to Carly R. Glover of Willkie Farr & Gallagher LLP and Peter fiduciary tools. For more infor- Alfred Basso of Eisenberg & Schnell LLP. Their names were selected from those mation and a prospectus, log on members who paid their first dues invoices in full in June and July. to www.abaretirement.com or call a plan consultant at 800-826-8901. Ask one of Members who pay their initial annual invoice in full by the drawing date are auto- our plan consultants for a free plan evaluation and cost comparison to see if we can matically entered in the drawing. One member is selected each month. For infor- help your firm. mation about the drawing, call Bernard Chan at 212-267-6646, ext. 208. September 2010 / The New York County Lawyer 7

be modified by date or refined with addi- home, hospitalized or moves into an tional information. If you need to find extended care facility. A chapter is devot- New York cases, there is another search ed to statistical data about the companion engine available. By clicking on “Search animal industry. The book has many case Decisions” on the New York Law Journal and statutory references and an appendix website, you can access six years of Court of provisions in state statutes for pet trusts. LIBRARY NOTES of Appeals, Appellate Division and An accompanying CD-ROM has sample Supreme Court cases from eight counties forms and cost schedules for pets. and five years of decisions from the New York Law Journal. You can search for NEWLY UPDATED decisions from a particular court or for a Art of Advocacy Cross Examination of practice area, such as criminal law. If you Medical Experts, Release no. 28 use the “advanced search” option, you can (LexisNexis Matthew Bender). search by the date when the case appeared Bender’s Federal Practice Forms, To make suggestions about book pur- column, Crossroads, by Linda E. Laufer, in the publication. The cases link to Release no. 135 (LexisNexis Matthew chases, please contact Anna Smallen or for career development. The Daily Buzz Westlaw for cited cases and statutory ref- Bender). Dan Jordan by email at can be emailed to you. Law firms and erences. NYCLA’s Library staff can help Bender’s Forms of Discovery, Release [email protected] or [email protected] other organizations supply professional you retrieve cases. no, 81A (LexisNexis Matthew Bender). or by phone at 212 267-6646, ext. 204. announcements, including obituaries, to Civil Rights Actions, Release no. 49 the site and it has many online surveys, for NEW EDITIONS (LexisNexis Matthew Bender). FEATURED INTERNET SITE example the NYLJ 100. There are paid and Eyewitness Identification, 2010 edition Computer Law, Release no. 57 New York Lawyer: For Lawyers on pro bono job listings and a message board. (Thomson West). (LexisNexis Matthew Bender). the Verge (www.nylj.com/nylawyer) is a The site provides lists of people who Focus on Abatements, 2009 edition (Dov Defense of Speeding, Reckless Driving, free marketing service for attorneys in passed the New York bar exam from 1996. Treiman). and Vehicular Homicide Cases, Release transition that features the Daily Buzz, Public notices are arranged by topic and Focus on Assignments and Sublets, 2009 no. 28 (LexisNexis Matthew Bender). consisting of news stories about law firms, you can place an online public notice or edition (Dov Treiman). Elder Law and Guardianship in New which are available for one week and foundation ad on the website. Links take Focus on Family and Succession, 2009 York, 2010 Update (Thomson West). updated each afternoon. Some of the arti- you to the New York Law Journal’s web- edition (Dov Treiman). Franchising, Release no. 117 cles are samples from other American site, where some articles and cases are free Focus on Personal Use, 2009 edition (LexisNexis Matthew Bender). Lawyer Media publications, such as the with registration but others require a paid (Dov Treiman). Handling Federal Tort Claims, Release National Law Journal, which is also subscription. The printed newspaper Focus on Primary Residence, 2009 edi- no. 64 (LexisNexis Matthew Bender). offered as part of a paid subscription to the stopped publishing the full text of tion (Dov Treiman). Immigration Law an Procedure, Release publication; you can select a law firm Decisions in the News and Decisions of no. 129 (LexisNexis Matthew Bender). name and find articles that mention it. The Interest in hard copy; it is important to find NEW TITLE Larson’s Worker’s Compensation Law, Daily Buzz has a column called Advice for them online. Quest is an onsite search Rachel Hirschfeld is the author of Release no. 104 (LexisNexis Matthew the Lawlorn, by Anne M. Israel, to help engine that can retrieve news stories, cases PETRIARCH: The Complete Guide for a Bender). legal professionals find jobs and another or legal websites and it permits results to Pet’s Continued Care, a practical, com- Law and the Family New York Forms, prehensive guide to estate planning for pet 2010 Release (Thomson West). owners, their counsel and financial profes- Modern Federal Jury Instructions, sionals. She is the co-chair of NYCLA’s Release no. 56B (LexisNexis Matthew 2010 Attorneys’ Guide To Civil Animal Law Committee and a member of Bender). the New York State Bar Association’s New York Civil Practice: CPLR, 2nd edi- Special Committee on Animals and the tion, Release no. 136 (LexisNexis Practice in the New York Law and serves on the Advanced (Please see Library Notes on Page 14) Programming and Education Committees County Supreme Court of the of the National Association of Elder Law Attorneys. After discussing methods COMPLIMENTARY The Attorneys’ Guide to Civil Practice in the New York County Supreme Court for determining the owner of an animal is a valuable tool for all lawyers practicing on the civil side in Manhattan. Produced involved in a custody dispute or an estate ESTATE by the Committee on the Supreme Court, it is a concise resource for details about plan, she shows how pet protection laws in judges, court personnel and procedures in the Supreme Court. Highlights include: the United States evolved. A chart com- Commencing a Lawsuit, Assignments and Case Processing under the CCJP, pares the relative benefits of the three ADMINISTRATION Motion Practice, Back Offices and major County Clerk Operations, including Entry methods of providing for pets after their of Judgments, Commercial Division, Judges and Staff, and much more! View owner’s death or disability: wills, trusts or SERVICES Table of Contents at www.nycla.org. pet-protection agreements. Leona Helmsley’s estate plan is used to illustrate Complimentary: TO ORDER: Complete the form below and mail it with your check payable to the perils of using a will to ensure that the • Estate Valuations for 706 Schedule B NYCLA to: NYCLA Guide, 14 Vesey Street, New York, NY 10007. Contact Alanna wishes of an owner are carried out. Ms. • Security Transfers/ Gluck at 212-267-6646, ext. 209 or [email protected] for more information. Hirschfeld explains what the reader needs Consolidation of Assets to know in order to draft an effective
Upon receipt of a list of all items in Number of copies_____ @ $50/NYCLA member rate ______estate-planning document. Examples are: the estate, we will provide a 706 NYCLA ID Number______what is the monetary value of a pet, how Schedule B Ready Valuation within Number of copies _____@ $100/non-member rate much money is sufficient or excessive for Name______3 business days the care of animals, how should the money
Firm______be spent, who should administer a trust We will contact transfer agents, Address______and how many years can it continue to dividend reinvestment plans, Phone ______Email______operate? The author provides sample financial institutions, etc. and Credit card number ______Exp. date______power of attorney and health care proxy provide you with a list of Check enclosed forms so that pets can be cared for when a documentation required to deposit disabled or elderly animal owner is at and consolidate all assets to one professionally managed estate account Leverage your Time & Streamline Arbitrators and Mediators Needed for Attorney- your Trust and Estate Practice Client Fee Dispute Resolution Program by Outsourcing to Us The Joint Committee on Fee Disputes and Conciliation is seeking arbitrators and mediators for its Part 137 Attorney-Client Fee Dispute Resolution Program, which provides for the resolution of fee disputes between attorneys and clients through arbitration and mediation. Part 137 of the Rules of the Chief Administrator makes arbitration mandatory at the client's timely request. Most attorney-client fee disputes, where the amount in dispute ranges from $1,000 to $50,000, are accepted when other applicable Rules are met (per- sonal injury and criminal cases are not included). Serving the Trust & Estate Community for 28 Years A training session is scheduled for Tuesday, November 9, from 8:30 AM to 4:30 PM. Attorneys interested in becoming arbi- trators in this program must be admitted to the New York bar for at least five years. Please email a resume and cover letter high- 400 Columbus Avenue lighting any relevant experience to Lois Davis, director of Pro Bono Programs, at [email protected] as soon as possible and no Valhalla, NY 10595 later than November 1. (914) 741-9700 www.yvarstrustservices.com 8 September 2010 / The New York County Lawyer Recent Events NYCLA Celebrates Summer Team NYCLA Takes Part in Minority Judicial Internship American Heart Foundation Event On June 24, Members of Team Program’s 21st Anniversary NYCLA took part in the American Heart Association’s annual Wall On July 14, NYCLA’s Summer Minority Street Run and Heart Walk 2010. Judicial Internship Program celebrated its The three-mile run looped around 21st anniversary at a dinner hosted by the financial district and finished Hughes, Hubbard & Reed, LLP. NYCLA alongside the Hudson River at Battery Park. Team NYCLA’s 23 mem- President James B. Kobak Jr., a partner at bers raised nearly $700 to contribute to the fight against heart disease. the firm, welcomed the interns and judges who volunteered in the program, which is administered by NYCLA’s Minorities and the Law Committee. Pictured are the five law students who served as interns this summer Criminal Justice Section and (from left to right): Francisco Pardo, Fordham Law School (class of 2012), intern for Hon. Robert P. Patterson Jr., United States District Court, Southern District of New York; Ronald Zapata, CUNY School of Law (class of 2011), intern for Hon. Deborah Government Counsel Committee A. Batts, United States District Court, Southern District of New York; Jillian De Chavez, St. John’s University School of Law (class of 2012), intern for Hon. Cheryl E. Host Intern Night Chambers, Appellate Division, Second Department; Nicole Aldridge-Henry, St. John’s University School of Law (class of 2011), intern for Hon. James A. Yates, New York By Keith Schmidt, Rhonda Tomlinson Yavinsky, and Hon. Marc J. Whiten, both State Supreme Court, New York County; and Allajah Young, New York Law School and Alison Wilkey of whom sit in the New York County (class of 2012), intern for Hon. Richard B. Lowe III, New York State Supreme Court, Criminal Court. New York County. Established by Hon. Harold Baer Jr. and his wife, Dr. Suzanne Baer, On July 21, more than two dozen legal The interns work in myriad agencies the program provides law students of color with the unique opportunity for exposure to interns mingled in NYCLA’s 4th floor and areas of practice, including: The the judicial system where it would not otherwise be financially feasible. boardroom with public and private sector Legal Aid Society, New York County attorneys at Intern Night, co-hosted by the District Attorney’s Office, New York Criminal Justice Section and Government State Attorney General’s Office, New Play Ball! Participants in Pilot Counsel Committee. Criminal Justice York City Criminal Courts, New York Section Co-Chairs Keith Schmidt and City Department of Consumer Affairs, Mentoring Program Attend Rhonda Tomlinson, along with Bronx District Attorney’s Office and oth- Government Counsel Committee Co- ers. The interns and practitioners chatted Staten Island Yankees Game Chair Inna Reznik, introduced themselves over drinks and snacks about the practice and their fellow committee and section of law and the wisdom gained from expe- members in attendance. The attorneys rience was passed on to rising members of present were city and state government the legal profession. lawyers, prosecutors, institutional and pri- Mr. Schmidt and Alison Wilkey co- vate defense attorneys and firm attorneys, chair the Criminal Justice Section. Ms. and judges, including former Criminal Tomlinson stepped down as co-chair in Justice Section Co-Chair, Hon. Mike J. August. On July 22, mentors and mentees participating in NYCLA’s Pilot Mentoring Program enjoyed a social event by joining Pilot Mentoring Program Board Members Hon. Laura Ward, Lewis Tesser, Nancy Morisseau, Madeleine Giansanti Cag and Bari Chase at a Upcoming Event Staten Island Yankees game. NYCLA was recognized on the scoreboard and mentors and mentees enjoyed a spectacular trip on the Staten Island ferry with breathtaking views of the New York skyline, hot dogs, hamburgers, popcorn and soda, and, as a grand finale, an incredible fireworks display. A terrific time was had by all! Special thanks to CLE Coordinator Zac Cronin for organizing the event. NYCLA Celebrates 18th Annual Lunch with a Judge Program This summer, NYCLA held its 18th Annual Lunch with a Judge Program for summer associates. The series of four programs was moderated by the Program Chair, Hon. Helen Freedman, Associate Justice, Supreme Court, Appellate Division, First Department.

Hon. Doris Ling-Cohan, Supreme Court, New York State, NYCLA President James poses with NYCLA President James B. Kobak Jr., Young B. Kobak Jr. (on the right) Lawyers’ Section Co-Chair Brett Ward and judicial interns sits on the Ethical Issues prior to speaking on the topic of Career Paths. for Young Lawyers panel Justice Freedman with Hon. Denny Chin, chats with Hon. Second Circuit Court of Debra James, Appeals. Justice, New York State Supreme Court.

Hon. Bernard Fried, Supreme Court, New York State, addresses the audience on the topic of Appropriate Courtroom Behavior. September 2010 / The New York County Lawyer 9 Meet The Chairs

We are continuing our series and profil- Ronald C. Minkoff than 50 years, Mr. Paley has been a member After completing law school, he worked in ing six newly appointed committee and Shareholder, Frankfurt Kurnit Klein & Selz of several NYCLA committees and groups, private practice in Washington, D.C. Mr. task force chairs, co-chairs and vice chairs. Chair, Task Force on Professionalism including the Board of Directors, Steed chairs the Board of Directors of the Ronald C. Minkoff, a Nominations Committee and Committee on New Amsterdam Boys & Girls Choir and is Douglas A. Amedeo shareholder in the Law Reform, and chaired the Committee on a manager/coach with Harlem Little Counsel, Porzio Bromberg & Newman P.C. Litigation and Customs Law. A former president of the League. He is also a member of NYCLA’s Chair, Bankruptcy Law Committee Professional Customs and International Trade Bar Young Lawyers’ Section. Mr. Steed Douglas A. Amedeo Responsibility Association, he has chaired and served on received his BA from Swarthmore College has broad experience Groups at Frankfurt numerous committees at that association. and his JD from Washington and Lee in, and especially Kurnit Klein & Selz, Among the courts that Mr. Paley is admit- University School of Law. While in law enjoys, complex liti- represents attorneys ted to practice in are the U.S. Court of school, he was a staff writer for the gation issues in the in professional International Trade, U.S. Court of Appeals Washington and Lee Journal of Civil Rights bankruptcy responsibility mat- for the Federal Circuit, U.S. Supreme Court and Social Justice and a member of the John arena. Prior to becom- ters, including partnership disputes, disci- and U.S. Court of Military Appeals. Mr. W. Davis Moot Court Executive Board. ing counsel at Porzio, plinary cases, disqualifications and mal- Paley is a graduate of New York University Bromberg & Newman practice actions. Mr. Minkoff is a member School of Law. Alison Wilkey P.C., he was a bank- of the ABA’s Committee on Standards of Senior Staff Attorney, Youth Represent ruptcy and litigation associate at Greenberg Attorney Conduct and Special Committee Ericka Saint-Hilaire Co-Chair, Criminal Justice Section Traurig, LLP and Camhy Karlinsky & Stein to Review the Code of Judicial Conduct. He Associate Attorney, London Fischer LLP Alison Wilkey is a LLP. His background in fraud investiga- is also a member of the ABA’s Standing Vice Chair, Health Law Committee senior staff attorney tions includes the representation of the Committee on Professionalism and past Ericka Saint- at Youth Represent, Chapter 7 trustee in the liquidation of president of the Association of Professional Hilaire joined the a non-profit organi- NorVergence, Inc., termed the largest Ponzi Responsibility Lawyers. At NYCLA, Mr. insurance defense zation dedicated to scheme in New Jersey history. He has rep- Minkoff is a member of the Labor Relations firm of London ensuring that young resented commercial clients of all sizes and & Employment Law, Professional Fischer LLP in 2009, people involved in across a broad range of industries. In one Discipline and Professional Ethics where she practices the criminal justice case, his client’s product was so tied to Committees. He is an adjunct professor of in the areas of gener- system are afforded national security concerns that he never professional responsibility at New York al liability, negli- every opportunity to learned the name of the company or what it University School of Law, fellow of the gence, construction, reclaim lives of dignity, self-fulfillment and manufactured (although he received thanks Litigation Counsel of America and member mass tort and insur- engagement in their communities. In her for a successful outcome). In recent years, of Best Lawyers in America. He is a gradu- ance coverage litigation. She received her position, Ms. Wilkey provides criminal Mr. Amedeo has focused his practice on the ate of Columbia University School of Law. undergraduate degree in nursing defense representation and legal representa- representation of unsecured creditors in from Howard University and her graduate tion where a young person’s involvement in bankruptcy proceedings, earning a reputa- Task Force Plans degree in public health from Oregon Health the criminal justice system impedes him/her tion as an aggressive and creative advocate “I'm honored and excited to be named and Sciences University. After working in from obtaining or retaining housing, or from in today’s challenging environment. One the Chair of the Task Force on the health care field in various capacities, accessing employment and education thing he has learned is that secured lenders Professionalism,” said Mr. Minkoff. “I Ms. Saint-Hilaire attended law school and opportunities. Prior to joining Youth hold the advantages and counsel for unse- look forward to expanding NYCLA’s men- received her J.D. from Hofstra University Represent in 2008, she worked as a staff cured creditors must create their own advan- toring program -- the only bar association- School of Law. Active in several local bar attorney at the Criminal Defense Practice of tages ad hoc and on the spot. His personal sponsored program like it in New York associations, Ms. Saint-Hilaire is also a The Legal Aid Society in Manhattan for interests include reading works of history, City -- as well as exploring professionalism member of NYCLA’s Insurance Law and four years. Ms. Wilkey is a graduate of literary fiction and public policy. He gradu- initiatives in which NYCLA works with Minorities & the Law Committees and Columbia Law School, where she was a ated with honors from Rutgers University local law schools on bar admission and Young Lawyers’ Section and New York Charles Evans Hughes Human Rights School of Law – Newark, where he was arti- character and fitness issues." City Bar’s Health Law Committee. Fellow and Harlan Fiske Stone Scholar and cles editor for the Rutgers Law Review and was awarded the Jerome Michael Jury Cup. a member of the Order of the Coif. Donald W. Paley Seth Steed While at Columbia, she worked in the Member, Sharretts, Paley, Carter & Committee Plans Staff Attorney, Neighborhood Defender Prisoners and Families Clinic and as a legal Blauvelt, P.C. Service of Harlem intern at the Neighborhood Defender “People assume the economic bust spells Co-Chair, Senior Lawyers’ Committee boom times for bankruptcy lawyers,” Vice Chair, Minorities and the Law Service of Harlem, the Center for Appellate Donald W. Paley, declared Mr. Amedeo. “However,” he con- Committee Litigation and the Legal Action Center. a member of tinued, “we are not booming as we were Seth Steed joined the Neighborhood Sharretts, Paley, during other economic downturns due to Defender Service (NDS) of Harlem in Section Plans Carter & Blauvelt, the lack of ready financing, poor markets in 2009. Working at NDS has a special signif- Ms. Wilkey will use her experience P.C., practices in industrial and other assets and in commer- icance for him since he was born and raised working with youth on reentry issues and areas such as cus- cial real estate. The Committee intends to in East Harlem. Previously, Mr. Steed continue to invite speakers and plan events toms law, interna- focus on the practical challenges of legal clerked for Hon. Michael F. Urbanski in the that inform the Section, NYCLA members tional trade, imports maneuvering in tight places.” He conclud- Western District of Virginia and then and the general public of criminal justice and exports, and ed, “We want to be a ‘public square’ where worked in a legal clinic representing coal issues, specifically on the collateral conse- antidumping and bankruptcy attorneys discuss emerging miners in Black Lung Benefits Act claims quences of involvement with the criminal also handles matters involving countervail- challenges and where we can foster the cre- before the Department of Labor and the U.S. justice system and various reentry services ing duties. A NYCLA member for more ativity of a group dynamic.” Court of Appeals for the Fourth Circuit. available. Meet Two New Board Members At the June 14 Board meeting, there were two elections legal education, access to justice and human rights. She is plex areas of civil and commercial law for justices of the to the Board to fill vacancies – Madeleine Giansanti Cag, a member of NYCLA’s Pilot Mentoring Program’s court. Previously, he worked for Hon. Eileen N. Nadelson, associate, Gregory P. Joseph Law Offices, and Jeffrey A. Advisory Board and the Association’s Task Force on Civil Court, New York City, researching and drafting Helewitz, associate court attorney, New York State Professionalism, and serves as the administrator of the opinions for the court, conferencing and mediating cases, Supreme Court, Law Department. Here are their profiles. Task Force’s blog. Ms. Giansanti Cag is also a member of advising the judge on the bench and handling all adminis- the ABA International Section and serves as co-chair of trative functions of the chambers. He was a solo practi- Madeleine Giansanti Cag the Middle East Committee and vice chair for programs tioner for 15 years, specializing in all aspects of develop- Associate, Gregory P. Joseph Law Offices LLC for the IMPOWR project. She is a trustee of the Board of ing, financing and maintaining small businesses, tax and Madeleine Giansanti Cag is an associate the Federal Bar Council and member of its Program estate planning and financial management. Mr. Helewitz at Gregory P. Joseph Law Offices LLC, Committee. She has developed and presented at numerous co-chairs NYCLA’s Civil Court Practice Section and is a where she litigates complex commercial CLE programs and written articles for law-related publi- member of the NYCLA Justice Center’s Advisory Board. matters that often implicate issues of first cations. Ms. Giansanti Cag is a graduate of Rutgers He is a Rule 137 arbitrator and mediator, small claims impression. During her 10 years in pri- University School of Law, where she served as business court arbitrator and member of Volunteer Lawyers for the vate practice, Ms. Giansanti Cag has spe- editor for the Rutgers Law Review. Arts. He is a member of several bar associations, including cialized in defending international busi- the Columbian Lawyers Association, Connecticut State ness actors against public and private alle- Jeffrey A. Helewitz Bar Association and New York City and New York State gations of fraud and breaches of fiduciary Associate Court Attorney, New York State Supreme Bar Associations. Mr. Helewitz has worked as an adjunct duty, matters involving the Alien Tort Claims Act and Court, Law Department professor of law and paralegal studies at local colleges and trade secret employment matters. In addition to her pri- Jeffrey A. Helewitz serves as an associate court attorney presented at CLE programs. He is a graduate of vate practice, Ms. Giansanti Cag has participated and led at the New York State Supreme Court’s Law Department, Georgetown University Law Center. international volunteer initiatives involving rule of law, where he researches and drafts decisions involving com- 10 September 2010 / The New York County Lawyer PRACTICE OF LAW SERIES

FREE programs led by experienced attorneys in informal settings to help you manage your practice.

Keeping Your Firm’s Finances What Every Lawyer Needs To Know About The Part 137 Fee Dispute September 16 Resolution Program Speaker: Richard Klass November 18 Speakers: Martin L. Feinberg and Heidi Leibowitz Discussion of various financial matters concerning starting and running your law practice, including taxes, insurance, bookkeeping, software, time Your rights and responsibilities when your client disputes your fees and the recording and office systems. law requires that you arbitrate.

Manage Your Relationships with Clients, Judges and Opposing Preparing a Trial Notebook Counsel, So That They Don't Manage You! December 2 September 23 Speaker: Jeffrey M. Kimmel Speaker: Clyde Eisman Learn the basics of preparing a trial notebook, issuing subpoenas, jury A practical approach to managing relationships with clients and other play- selection, opening/closing statements and direct/cross examination. ers in the profession that influence the success or failure of your law prac- Evidentiary issues including in limine motions, demonstrative evidence and tice. The focus is on creating a win-win environment whereby representa- objections will be discussed. tion is zealous and your practice is both efficient and effective. Trial Techniques for Beginners What Judges Want You to Know December 9 September 30 Speaker: Jeffrey M. Kimmel Speaker: Jeffrey M. Kimmel Detailed discussions concerning trial strategy, witness preparation, jury An experienced trial attorney shares his insights. Get important tips on what selection, opening/closing statements and direct/cross examination. judges expect during motion practice, preliminary conferences, pre-trial con- Hearsay objections and other evidentiary issues will be discussed. ferences, settlement conferences and the trial. Proper courtroom etiquette and behavior will also be discussed. Legal Ethics You Need to Know January 6 Writing Retainer Agreements, Setting Fees and Getting Paid (Part I) Speaker: Lewis Tesser October 7 Speaker: Martin L. Feinberg An inside look at the attorney disciplinary process and the new Rules of Professional Conduct. How to avoid disciplinary complaints. How to Legal, ethical and practical considerations when you write your retainer respond to disciplinary complaints. Professionalism and civility - not as sim- agreements and set your fees. How to treat your clients so they want to pay ple as it appears. you. Great Tips for Building a Successful Practice January 13 Writing Retainer Agreements, Setting Fees and Getting Paid (Part II) Speaker: Doron Zanani October 14 Speaker: Martin L. Feinberg With over 20 years of experience, Doron provides his top suggestions for building a successful solo and small-firm practice. The emphasis is on spe- Legal, ethical and practical considerations when you write your retainer cific, straightforward, no-holds-barred, practical advice and personal agreements and set your fees. How to treat your clients so they want to pay insights. you. Litigating Your Fee Dispute Writing Retainer Agreements, Setting Fees and Getting Paid (Part III) January 27, 2011 October 28 Speaker: Doron Zanani Speaker: Martin L. Feinberg No need to arbitrate? Go to court. Practical suggestions to recover your Legal, ethical and practical considerations when you write your retainer fees from former clients who refuse to pay. Covers discovery, motion prac- agreements and set your fees. How to treat your clients so they want to pay tice, pretrial conferences, inquests, trial and more. Based on actual experi- you. ence. PRACTICE OF LAW - FREE SERIES FOR NYCLA MEMBERS NAME ______FREE TO NYCLA MEMBERS LOCATION: NYCLA Home of Law, PHONE ______EMAIL______14 Vesey Street (between Church Street and Broadway) TIME: 6:00-8:00 PM NUMBER YEARS ADMITTED TO BAR ______REGISTRATION: Circle dates of all programs you wish to FIRM SIZE: Solo❑ 2-20❑ 21-60❑ 61or more❑ Corp_____ attend and fax: 212-406-9252 or email: [email protected]. Public Sector______Academic ____ Other______

Conclusion and Next Steps also urges the Office of Court of the Task Force’s work. Much is left Task Force The Task Force Initial Report seeks to Administration (OCA) to review the distri- to be done before the court is able to (Continued From Page 1) be most useful to the Family Court by pro- bution of resources within the overall court administer fully the grave responsibil- viding “concrete tools” to improve the system and to shift resources to the Family ities before it. assist them in improving their ability to court. “At the same time,” the Report Court wherever possible.” capture these data; and determining if notes, “the Task Force continues to strong- The Task Force stands ready to there are systems that could be used by all ly endorse increased resources to the The Report concludes: assist the Family Court in implement- stakeholders to standardize the collection Family Court, in particular the addition of ing our recommendations. We look and reporting of data. new Family Court judges. The Task Force This Report focuses predominantly forward to meeting with OCA and on how to make the Family Court a Family Court personnel, including more effective court for the litigants judges and other stakeholders, to dis- Substance Abuse Hotline who pass through its doors. While cuss our recommendations and to con- there is little discussion of litigants in sider ways to implement them. Attorneys, judges, law students and members of their immediate families can get this Report, ensuring fairness and jus- confidential help with alcohol or substance-abuse problems 24 hours a day, seven tice for the people who are served by To access the report, visit NYCLA’s days a week, by calling the toll-free hotline - 800-255-0569. the Family Court was and will contin- homepage at www.nycla.org. ue to be the central motivating force September 2010 / The New York County Lawyer 11 SECOND in a Series of Three Tips for Lawyers on Proof, Privacy and E-Signatures Better Serve Clients and Reduce Administrative Overhead

TIP #2: Secure Encrypted Email of email – simplicity and ubiquity. There ient is requested to click in order to open include how well the solutions will protect Dilemma is a tradeoff between security and simplic- the email and download the information. from fines in the case of a data breach, A further challenge arises with regard to ity – and often “simplicity” loses the bat- The reality is that fewer than 50 percent of considering the following two scenarios: sending email in a more private, secure tle, until people realize that their “secure” recipients click on links to download files. when the data is (a) within the sender’s manner. For those transmitting private, system is underutilized due to user com- The challenge with email security is keep- control -- where the email is sent from personal or business-sensitive information plexity. More secure, but too cumber- ing its use as simple as standard email and sender to recipient and (b) after the data by email, either for best practice reasons or some, means less used and potentially then managing the system. This involves leaves the sender’s control -- if there is a due to regulators’ rules, the age-old chal- more exposure. monitoring who uses it, when and with data breach on the recipient’s system or lenge with secure encrypted email often For example, with encrypted ‘Store- what decryption passwords so as to effec- after the recipient forwards the informa- arises…how to deliver the message and-Forward’ email systems, the sender tively maintain the capability to prove cer- tion on to others. securely without negating the key benefits sends a link to a web portal and the recip- tain correspondence was, in fact, encrypt- With RPost, there is a simple solution. ed in compliance with requirements, and “In the past, we used an email encryption being able to decrypt records in e-discov- service that would require the recipient to ery situations. click through to a website to collect his or How I Became a Another consideration relating to email her email. The bottom line was that people encryption is responding to heightened didn't do it, rendering our previous system enforcement actions by regulators. The virtually worthless,” remarks Jason Land-Use Litigator purchase driver of email encryption serv- Baltazar, vice president of IT, Bolton & ices has now moved beyond user simplici- Company. “Now, with RPost's encrypted By Evelyn Konrad Corporation Counsel representing the City ty and whether or not the provider’s solu- email service, we have both legal proof Council and Planning Commission and tion is ‘secure enough’ to a focus, instead, records of delivery of the encrypted email After decades as a consultant to top against Jeffrey L. Braun, partner in on how well the provider’s solution will right to their mailbox, with further proof of management, including working with Kramer Levin Naftalis & Frankel, a high- protect users from fines in the case of a compliance with security and privacy FORTUNE 500 companies, I should ly respected land-use litigator. We were data breach. requirements, all with a high response rate have become a corporate lawyer. But fortunate in having a particularly efficient, Top-level evaluation criteria should as there are no extra steps for the recipient.” when a builder put his fourth spec top-notch judge in Hon. James A. Yates, McMansion behind my property on the who has since joined the Commercial East End of Long Island, I stumbled on a Division of the Supreme Court. First Edition of New York County Criminal Courts wasp nest of conflicts of interest in a vil- For 18 months, I held them up and then, lage administration that steamrolled law- epiphany. In pleadings and orally, I had Manual Published lessly over petitions signed by neighbors protested the lack of minutes covering the and trampled on our civil rights. After January 28 and March 24, 2008 meetings The first edition of NYCLA’s 2010 New mation to: NYCLA - Criminal Courts two lawsuits, a new land-use litigator of the Planning Commission, where the York County Criminal Courts Manual, a Manual, 14 Vesey Street, New York, NY was born. Solow project was approved. At the third valuable tool for attorneys practicing 10007. Contact Ruth Zipper at 212 267- On December 5, 2007, I represented a oral argument, for the first time, criminal law in Manhattan, produced by 6646, ext. 223 or [email protected] for pro bono client, the Movement for a Corporation Counsel mentioned the exis- members of NYCLA’s Criminal Justice more information. Livable City, at a public hearing of the tence of audiotapes and transcripts of Section, was published in August. Among Planning Commission of the City of New those meetings. Judge Yates ordered, the topics covered by the 140-page The Criminal Courts Manual is York, about the $4 billion development “Ms. Konrad, you’d better listen to those Manual are: the structure of the Criminal filled with useful information in one proposed by Sheldon H. Solow in tapes before going to appeal.” I made an Court, commencement of action, arraign- place to help even the most experi- Community Board 6's former Con Edison informal request of respondents’ attor- ment practices in Criminal and Supreme enced practitioner get around the site – an 8.9-acre plot of land between neys, who refused me the tapes. Those Courts, plea and sentencing issues, pre- criminal courts. It includes bios of 35th and 41st Street from the East River to tapes were obviously the smoking gun. trial hearings, a step-by-step guide to the judges (some with pictures); tele- First Avenue. On that valuable scrap of Instead of risking denial of a motion to Criminal Court trials and post-judgment phone and room numbers of judges, land, developer Solow proposed to put up compel, I got other clients and friends issues. The Manual also contains compre- clerks, court parts and administrative six 55-story residential towers and, in an (but no one from 5 Tudor City) to make hensive directories of judicial and non- units; flow charts showing the arrest- apparent bit of spot zoning, a 600-foot Freedom of Information requests for judicial personnel. To view the Table of to-arraignment process and what commercial tower smack in the middle of those tapes and transcripts. When Mr. Contents, go to www.nycla.org. happens with administrative sum- a residential area. Jin Han, an attorney Braun made a motion on July 17, 2009 to Proceeds from sales of the Manual, monses; telephone numbers of NYC representing the board of Windsor the First Department, Appellate Division which costs $50 for NYCLA members and defender offices; and more. It also Owners Corporation at 5 Tudor City, to deny my appeal unless I perfected it by $100 for nonmembers, will help under- has a narrative covering the structure heard me speak at that meeting. At his November 2009, I was ready: I made a write the Criminal Justice Section’s annu- of the criminal court and what hap- invitation, I suggested an Article 78 to his cross motion to the Appellate Division to al Public Service Fellowship Essay pens from start to finish, including board and in March 2008, the board voted grant me an extension of time because of Competition. This competition awards at some helpful advice concerning what to hire me as attorney of record in its fight “previously concealed evidence.” I also least a $2,000 stipend to one newly admit- defense lawyers can and should be against this dense and enormously high made a motion to reargue and renew to ted prosecutor and one newly admitted doing. It is well worth the minimal development, which would cast shadows the Yates court, based on the same evi- institutional defense attorney who has at expense. and dwarf the residences in the 32-story 5 dence. Mr. Braun cross moved for sanc- least $30,000 in educational debt. Tudor City building. tions against the client and against me for Malvina Nathanson I, a solo practitioner who did my making another combined renew and TO ORDER: Complete the order form Solo Practitioner in research at the NYCLA Library, was reargue motion. below and mail it with your check (made New York City payable to NYCLA) or credit card infor- fighting against the 600-lawyer (Please see Land Use on Page 13)

There are many reasons to join NYCLA, including the Association’s interesting pro bono opportunities, free lec- 2010 New York County Criminal Courts Manual tures and affordable CLE programs. COST: $50 for members; $100 for nonmembers

Luwick Francois Number of copies @ $50/NYCLA member rate __ NYCLA Member since March 2010 NYCLA ID Number______Number of copies @ $100/non-member rate__

NYCLA has proven to be an invaluable resource to Name ______me. As a new attorney, I receive guidance from its many programs, seminars and quality CLE classes. The Firm ______friendly and supportive environment and all of the ben- efits that are made available through membership have Address ______helped me significantly in my professional develop- ment. Phone ______Email______

Irina Shpigel Credit card number ______Exp. date______NYCLA Member since June 2009 Check enclosed 12 September 2010 / The New York County Lawyer Metropolitan Museum of Art – Concert and Lecture Discounts NYCLA members receive a 20 percent Ferdinand the Bull An Evening with Christine Ebersole discount to select concerts (Members New York Chamber Soloists: Melvin Friday, October 22 at 9:30 PM - must use the NYCLA code to receive the Kaplan, oboe; Jennifer Grim, flute; Tickets are $40 (regularly $50) discount) at the Metropolitan Museum of Curtis Macomber, violin; Adam In this cabaret-style show, Ms. Ebersole nd Art, on Fifth Avenue and 82 Street. Call Grabois, cello; Elizabeth Metcalfe, performs with the celebrated pianist and Alanna Gluck for the NYCLA code at piano; Ynez Lynch, narrator arranger John Oddo, sharing anecdotes 212-267-6646, ext. 209 or email: Saturday, October 2 at 3:00 PM - ranging from her adventures in Hollywood [email protected]. Then, to purchase tick- Tickets are $24 (regularly $30) to the New Jersey suburbs, and singing ets, call the Museum at 212-570-3949 classic ballads, pop and torch songs. Based on the book The Story of as much on the arts as on military victory. from Monday to Saturday (9:30 AM-5:00 Ferdinand, by Munro Leaf with drawings PM) or Sunday (12:00-5:00 PM), visit the Both, therefore, gathered the best artists of by Robert Lawson. Concerts & Lectures box office in the their time and gave them abundant com- main hall or visit www.metmuseum.org Metropolitan Museum missions. The King had time and at /tickets. Concert tickets include entrance of Art – Lecture Versailles he built a palace that dazzled to the Museum galleries, including The First Person: Seeing America Europe; Napoleon's wars did not prevent Cloisters, on the day of the ticketed event. Ensemble Galilei: Hanneke Cassel, Discounts him from ordering paintings, interiors and fiddle; Ryan McKasson, fiddle and objects of extraordinary quality; and both Strings of the Black Sea: A Celebration viola; Kathryn Montoya, recorders, NYCLA members receive a 20 percent rulers saw to it that they got all the credit. of Lutes and Fiddles from Bulgaria, whistle, oboe; Jackie Moran, percus- discount to select lectures at the Ukraine, Crimea and Turkey sion; Sue Richards, Celtic harp; Metropolitan Museum of Art. For sub- Norman Jewison: A Director in Focus Sunday, September 19 at 3:00 PM - Carolyn Anderson Surrick, viola da scription program tickets, call 212-570- Friday, October 1 at 6:00 PM - Tickets Tickets are $24 (regularly $30) gamba; Ginger Hildebrand, violin 3949 from Monday to Saturday (9:30 AM- are $20 (regularly $25) "Strings of the Black Sea" celebrates With Guests: Allison Edberg, Baroque 5:00 PM) or Sunday (12:00-5:00 PM) and Speaker Armond White is the film critic New York's cultural diversity through an violin; Danny Mallon, percussion; mention phone code NYCLA. You may for New York Press and chairman of the exploration of musical connections Neal Conan, narrator; Lily Knight, also visit the Concerts & Lectures box New York Film Critics Circle. He sits with www.metmuse- between communities surrounding the actor; Brian Doser, technical director office in the main hall or the director to discuss his life and films, um.org/tickets and use the online code Black Sea and their New York immigrant Saturday, October 16, at 7:00 PM - followed by a screening of In the Heat of NYCLAFX to receive the discount. populations. The concert will showcase Tickets are $32 (regularly $40) the Night, winner of five Academy instruments like those included in the Concert tickets include entrance to the Awards, including Best Picture of 1967. "First Person: Seeing America" com- Museum galleries, including The Museum's permanent musical instrument bines iconic photographs from the collec- collection. Cloisters, on the day of the ticketed event. Artists and Court Life in Sixteenth- tion of the Museum. Matthew Brady's Century Italy: The Rupture of the Dee Dee Bridgewater searing pictures of the Civil War and Dictators of the Arts Florentine Republic and the Edsel Gomez, pianist and arranger Walker Evans's haunting portraits from Wednesday, September 22 at 6:00 PM Emergence of Pontormo Friday, September 24 at 7:00 PM - the Great Depression - with the music of – Tickets are $20 (regularly $25) Tuesday, October 5 at 6:00 PM - Tickets are $36 (regularly $45) the Ensemble Galilei and narration by Presenter: Author Olivier Bernier Tickets are $20 (regularly $25) Jazz singer Dee Dee Bridgewater pays NPR's Neal Conan and actress Lily Louis XIV and Napoleon both liked to Presenter John Paoletti is professor her respects to the legendary Billie Knight - create a remarkable and power- be obeyed, promptly and fully, but they emeritus of Art History, Wesleyan Holiday. ful performance. also understood that lasting fame depends University. More Membership Programs

How to Take Advantage of the Best Date: October 19 - 6:00 PM Focusing. Ms. Bacharach has presented her Commercial Real Estate Market for FREE and Open to NYCLA members work at international Tenants only conferences, and provid- Secure lower rents and better leases than RSVP: [email protected] (Space is ed training and work- you have been able to in years. Whether limited) shops to health and men- you are renewing your current lease, rene- tal health professionals, gotiating your current lease or moving into Proactive Focusing for Lawyers academics, lawyers, a new space with a new landlord, now is Retirement and the anticipation of supervisors and team the time to ask for better terms, more con- retirement bring with them many emotion- leaders. She is the co- cessions and reduced overhead. The mar- al, social and logistical challenges. Define author of online coach- ket has tipped in the tenant’s favor. Small your goals, explore your choices, make ing courses offered by tenants are the lifeblood of commercial Bert Rosenblatt Andrew Stein sound decisions and move forward to a ECornell.com and has Yael Bacharach, real estate in New York – don’t let the size private sector clients, which include fulfilling retirement. This experiential been actively involved in LCSW of your business deter you. Use your lever- General Electric Capital Aviation workshop designed for lawyers facing implementing workplace age in today’s market. Services, Carnegie Mellon University, The retirement offers a unique approach to help programs. Breeders Cup and Skanska Koch. They are you deal with your transition into retire- Speakers: Bert Rosenblatt and Andrew ment and/or your experience of retirement. Place: NYCLA Home of Law – 14 Vesey Stein are the founding principals of Vicus members of the Real Estate Board of New York, The Young Men’s & Women’s Real Learn techniques that promote better deci- Street Partners, LLC, a commercial real estate sion making, improve dialogue, reduce Date: October 21 - 6:00 PM firm dedicated exclusively to representing Estate Association and the International Tenant Representative Alliance stress and move proactively ahead. FREE and Open to NYCLA members tenants in commercial transactions. They only specialize in strategic planning and imple- Place: NYCLA Home of Law – 14 Vesey Speaker: Yael Bacharach, LCSW, psy- RSVP: [email protected] (Space is lim- mentation and provide specialized broker- chotherapist and the founder of Proactive ited) age services to their roster of public and Street

Attention, Litigators: Looking for a case? Can’t find it in your reporters?

More and more cases are available in electronic format only. Please contact NYCLA’s reference staff at [email protected] to help you find these often mentioned, yet unpublished cases, online. Desperately Seeking a Case Mentioned in the New York Law Journal?

The New York Law Journal has changed. The full text of Decisions of Interest and Decisions in the News are no longer in the print edition. The NYCLA reference staff have access to all versions of the New York Law Journal: in print, microform, on Westlaw and through premium access at the NYLJ.com site. Our Librarians will be happy to help you with your New York Law Journal research through our fee-based services. Contact [email protected]. September 2010 / The New York County Lawyer 13

Since the board had interfered with my Film Festival 2010 Rincon International Film Festival in Land Use litigation, I informed it that I would no Puerto Rico. L’Accordatore’s screenwriter (Continued From Page 2) (Continued From Page 11) longer represent Windsor. The Court of and director, Tomax Aponte, and producer, George Elias, will attend the screening. Appeals had decided against another and actors will be present to engage the The Windsor board was split. The board NYCLA Member Kevin McMullen nomi- developer for fewer violations of SEQRA audience in dialogue about the films. chair ignored the urging for support by nated the film. than were contained in my new FOIL- Proceeds from the film festival will help Mr. Han, by shareholders and by the pres- acquired evidence. The shareholders were underwrite NYCLA's pro bono programs ident of the Coalition for Sensible Full-Length Feature: Collar: The deprived of a highly likely victory. I was that assist hundreds of New Yorkers each Development, Edan G. Unterman, Esq., Movie (116 minutes) deprived of my triumph. We won the year. Admission is $5 for each evening, and the board chair sent me an email What would you do if extension of time in the Appellate which includes the screening ordering me not to make that motion. I everything you thought you Division. of one short and one full- sought approval from the entire board, knew about life suddenly length feature, and free beer which refused to provide me with the turned upside down? That is Ms. Konrad became a NYCLA member and popcorn. The series will authority I needed to complete that the situation in which when she was in law school. She is pre- continue on the first motion. I obviously could not risk a Detective TJ Williams finds senting a membership event, “Doing Pro Wednesday of November and default judgment and reluctantly withdrew himself. This scintillating Bono Work for Professional December – November 3 and the motion by stipulation before police drama will have your Development,” on September 15. For December 1. Corporation Counsel’s answering papers heart racing and mind running more information about this program, The opening night’s theme had been served. refer to page 2. to keep up. Produced by is "Crime Night" and the Willy-Gilly Productions, Inc., L’Accordatore movies shown, which is headed by Nan Mia (The Tuner) Collar: The and Gill and David Patrick, Collar Movie , are destined to thrill was shown at the 2010 New York and challenge attendees with tailspin plots International Independent Film and Video NYCLA Dues Are Tax Deductible and whodunit mysteries. Festival and Cannes Film Festival. Collar was written and directed by David Patrick NYCLA is a qualified tax-exempt organization under Section 501 (c) (3) of the Short Film: L’Accordatore (The Tuner) Wilson, who also plays Detective Williams. Internal Revenue Code and is not affected by the provisions in the Revenue (13 minutes) Ms. Gill will attend the screening. Reconciliation Act of 1993 dealing with lobbying and political expenditures. An old piano shop is the setting for this dark tale about a piano tuner and the effect Admission to each screening – on his work has on an unsuspecting public. The October 6, November 3 and December 1 - is Moving Pictures Collective of New York $5. Send a check, made payable to NYCLA, City called the film "a richly lensed short to NYCLA - Film Festival, 14 Vesey Street, film that is both intimate and loving, though New York, NY 10007. Information about sometimes in a perverse sense." Fresh off films that will be shown in November and Committee Membership the heels of the 2010 LAShortfest, where it December will appear in the October issue was an Official Selection, this film has of New York County Lawyer. Membership on NYCLA committees is open and free to all members. made its way across the globe, gathering Committees cover every aspect of legal practice and are a great place to network awards from many prominent film festivals. Ms. Arjmand, a member of the Art and learn in a friendly, supportive environment. To join, log on at www.nycla.org It won "Best Short Film" at the 2010 Las Committee, is a 2008 graduate of click on Members Only - Join a Committee. Or call Bernard Chan at 212-267- Vegas Film Festival and was chosen as an Benjamin N. Cardozo School of Law 6646, ext. 208. “Official Selection” at the 2010 and practices civil defense litigation at a Philadelphia Independent Film Festival and firm in downtown Manhattan. 14 September 2010 / The New York County Lawyer Race and the Constitution, Thursday, more information and how to apply for Member: $125 Non-Member: $175 Message From Bari Chase September 16, 6:00 – 8:05 PM tuition assistance. Check our website for Registration Fee: (9/13 – 9/14) (Continued From Page 4) Race, Law and Women's Rights (NEW!), course details, faculty, complete program Member: $150 Non-Member: $200 Tuesday, October 19, 6:00 – 8:05 PM descriptions and pricing. Bloomberg Law® Searching Dockets Race, Law and Voting Rights – 2010 Check our website for a complete listing Wednesday, September 15 Using Bloomberglaw.com will also serve Update, Tuesday, December 7, 6:00 – 8:05 of September programs. 6:00 – 9:00 PM as a corporate sponsor of the program, PM THE REMAKING OF WALL where prominent past and current regula- STREET tors, bankers, attorneys, journalists and Coming in October: CLE Programs 3 MCLE Credits (NY and NJ): 1 Ethics: agency rating representatives delve into Just One Click Away! The Ethics of in September 2 Professional Practice; Transitional and the details surrounding the financial crisis, Emails & Social Networking for Non-transitional how and why the industry is changing and Lawyers Consecutive Monday Evenings Early Registration Fee: (on or before how ethical implications will impact the Monday, October 4, co-sponsored by September 13, 20, 27 and October 4 9/13) financial industry in the future. NYCLA’s NYCLA’s Cyberspace Law Committee 5:30 – 9:00 PM Member: $125 Non-Member: $175 Real Property Section and Construction BRIDGE THE GAP – FOUR- Registration Fee: (9/14 – 9/15) Law Committee will co-sponsor a full-day Estate Planning for Business Owners, EVENING PROGRAM Member: $150 Non-Member: $200 seminar, the First Annual Business and Wednesday, October 6, 9:00 AM – 12:30 Session A – September 13: An Evening Contract Law Institute, on Friday, PM of Ethics Thursday, September 16 6:00 – 8:05 PM September 24, from 9:00 AM – 5:00 PM. Co-sponsored by NYCLA’s Estates and Session B – September 20: How to RACE, LAW AND AMERICAN Program Chair Leo Genn has assembled a Trusts Section, Rent Stabilization Handle Your First Appeal/Advocacy SOCIETY LECTURE SERIES panel of experts to discuss the critical Association (RSA) and Trusts & Estates Session C – September 27: Skills 101 for First Lecture: Race and the issues that attorneys must be aware of with Magazine Lawyers: Accounting and Taxation/Media Constitution regard to business and contract law, The Safe Harbor for Exploited Relations and Social Media 2.5 MCLE credits: 2 Professional including: Starting Up: Choice of Entity Children Act: New York’s New Session D – October 4: Practice; 0.5 Ethics; Transitional and and Formation - Corporations, LLCs, Perspective on Child Prostitution, Depositions/Powerful Writing Techniques Non-transitional LLPs, PLLCs and NFPs; Hiring Wednesday, October 6, 6:00 – 9:00 PM, to Help You Persuade Judges and Win Lecture series continues on October 19 Up: Contracts with Employees and co-sponsored by NYCLA’s Criminal Clients and December 7. Independent Contractors (including a dis- Justice Section 16 MCLE Credits: 3 Ethics; 5 Registration Fee: (Entire Series) cussion of payroll taxes and erisa); Ethical Professional Practice; 6 Skills; 2 Law Member: $75 Non-Member: $135 Issues in Business and Contract Law; NYCLA’s CLE Institute is now an Practice Management; Single Lecture: Hiring Out: Letters of Accredited Provider in New Jersey Transitional and Non-transitional Member: $35 Non-Member: $55 Engagement/Retainer Agreements; and The New York County Lawyers' Early Registration Fee: (on or before Opening Up: Office Leasing and Association’s CLE Institute is currently 9/11) Friday, September 24 9:00 AM – 5:00 PM Renovation Contracts. certified as an Accredited Provider of Member: $255 Non-Member: $355 FIRST ANNUAL BUSINESS AND NYCLA’s CLE Institute is proud to continuing legal education in the State of Registration Fee: (9/12 – 9/13) CONTRACT LAW INSTITUTE welcome back Professor Gloria Browne- New Jersey. Courses qualifying for CLE Member: $280 Non-Member: $380 7.5 MCLE Credits: 1.5 Ethics; 3 Skills; 3 Marshall, Law & Policy Group, John Jay credit in New Jersey will be so designated Professional Practice/Law Practice College of Criminal Justice and author of on the NYCLA website. Consult Tuesday, September 14 6:00 – 9:00 PM Management; Transitional and Non-tran- Race, Law and American Society, as she www.nycla.org for program details and COPYRIGHT AND FINE ART sitional presents an updated lecture series on Race, locations. 3 MCLE Credits (NY and NJ): 3 Early Registration Fee: (on or before Law and American Society. Join us for Please note: Tuition assistance is avail- Professional Practice; Transitional and 9/22) all three lectures, or mix and match the able for qualified attorneys for live pro- Non-transitional Member: $175 Non-Member: $225 programs that are of the most interest to grams offered by the CLE Institute. Early Registration Fee: (on or before Registration Fee: (9/23 – 9/24) you. Check our website at www.nycla.org for 9/12) Member: $200 Non-Member: $250

Corporate Restructuring and Bankruptcy, Member: Free 1 MCLE Credit: 1 Skills; Transitional Library Notes Special Report, New York Law Journal Non-Member: Free Member: Free (Continued From Page 7) (June 28, 2010). Non-Member: Free Matthew Bender Health Care Law, Special Section, New Wednesday, September 8 New York Civil Practice Family Court York Law Journal (July 26, 2010). 12:00 - 1:00 PM Thursday, September 16 Proceedings, 2nd edition, Release no. 69 Litigation 2010, Supplement to The LEXIS: NEWS AND BUSINESS 3:00 - 4:00 PM (LexisNexis Matthew Bender). American Lawyer & Corporate Counsel 1 MCLE Credit: 1 Skills; Transitional WESTLAW: NY MATERIALS New York Criminal Practice, 2nd edition, (Spring 2010). Member: Free 1 MCLE Credit: 1 Skills; Transitional Release no. 83 (LexisNexis Matthew White Collar Crime: Detection, Non-Member: Free Member: Free Bender). Prevention, Investigation, Special Section, Non-Member: Free New York Practice Guide Business and New York Law Journal (July 12, 2010). Wednesday, September 8 Commercial, Release no. 24 (LexisNexis 1:30 - 2:30 PM Wednesday, September 22 Matthew Bender). September CLE Programs LEXIS: LITIGATION 10:00 AM-12:30 PM Piercing the Corporate Veil, 2010 1 MCLE Credit: 1 Skills; Transitional U.S. BANKRUPTCY COURT Supplement (Thomson West). in the Electronic Resource Member: Free ELECTRONIC CASE FILING Weinstein’s Federal Evidence, Release Center Non-Member: Free SYSTEM no. 98 (LexisNexis Matthew Bender). 2.5 MCLE Credits: 2.5 Skills; Thursday, September 16 Transitional Wednesday, September 8 PERIODICALS 1:30 - 2:30 PM Member: $65 Non-member: $85 Non- 10:30 - 11:30 AM WESTLAW: INTERMEDIATE legal Staff: $35 The Am Law 200 2010, The American LEXIS: I Lawyer (June 2010). 1 MCLE Credit: 1 Skills; Transitional NYCLA members receive a 15 percent discount on regu- lar and everyday value-priced merchandise at all Brooks Brothers, Brooks Brothers Factory Outlets, Carolee and Member News Adrienne Vittadini stores nationwide when they enroll online. To take advantage of the discount, members must enroll online at Yesenia D. Batista has joined Thompson Hine LLP as an associate in the com- http://membership.brooksbrothers.com, where they will be asked to enter NYCLA's mercial and public finance practice group. She was previously a law clerk with the organization code* to validate their NYCLA membership. firm. *Members can access the code in three ways: 1. Log in to NYCLA’s website: www.nycla.org and click on Charles E. Dorkey III, a partner at McKenna Long & Aldridge LLP with more Members Only – Benefits. than 30 years of business litigation experience, has been appointed to an advisory 2. Email Alanna Gluck at [email protected]. group to the Commercial Division of the New York State Unified Court System. 3. Call Alanna at 212-267-6646, ext. 209. The advisory group, which comprises 24 commercial litigation practitioners in New York State, will discuss Commercial Division issues with Chief Administrative Judge Ann Pfau. Barry R. Temkin, chair of the Professional Ethics Committee and one of the To Join NYCLA rules editors for the NYCLA Ethics Institute’s recently released The New York Rules of Professional Conduct (Oxford University Press, 2010), has published an article 1. Join online at www.nycla.org (click on Membership – Applications) in the August 16, 2010 issue of BNA Securities Regulation & Law Report titled 2. Call 212-267-6646, ext. 208 (Request an application) "State Regulation of Unauthorized Practice of Law in Arbitration and Mediation." 3. Email bchan@nycla (Request an application) September 2010 / The New York County Lawyer 15 SERVICE DIRECTORY

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Copy Deadline for New York Ethics Hotline County Lawyer in 2010-2011 September 1-15 September 16-30 October 1-15 2010 October September 13 Joseph Vogel Mahendra Ramgopal Ronald Minkoff November October 12 212-997-7634 212-283-4944 212-705-4837 December November 12

2011 January/February January 6 Please Note: Assignments are subject to change. March February 11 Questions to the Hotline are limited to an inquiring attorney’s prospective con- April March 11 May April 12 duct. The Hotline does not answer questions regarding past conduct, the conduct of June May 13 other attorneys, questions that are being litigated or before a disciplinary committee July/August June 13 or ethics committee, or questions of law. This notation shall not be construed to September August 12 contain all Hotline guidelines. For a full discussion of Ethics Hotline guidelines, Please submit content electronically to Anita Aboulafia, Communications direc- please see “Guidelines on NYCLA’s Ethics Hotline,” September 2006, New York tor, at [email protected]. County Lawyer, Vol. 2, No. 7.

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June 2010 Visit us at www.nycla.org Volume 6 / Number 5 NYCLA Inducts Officers and Board Members at INSIDE 18th Annual Lunch With May 27 Annual Meeting a Judge Program NYCLA held its Annual Meeting on May Pg. 2 27, inducting the following officers: James B. Kobak Jr., partner at Hughes Hubbard & Reed LLP, as president; Stewart D. Aaron, Message From Stewart partner at Arnold & Porter LLP and presi- Aaron, President, NYCLA dent of the NYCLA Foundation, as presi- dent elect; Barbara Moses, principal at Foundation Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., as vice president; Pg. 3 Susan J. Walsh, partner at Moskowitz, Book & Walsh, LLP, as secretary; and Gail Donoghue, retired, former special counsel NYCLA Announces to the Corporation Counsel of the City of New York and member of the Law Victories in Court of Department’s Executive Staff, as treasurer. Appeals Rulings The members of the Board inducted were: Scott M. Berman, partner, Friedman Pg. 4 Kaplan Seiler & Adelman LLP; Collin D. NYCLA officers (from left to right): Vice President Barbara Moses, President Elect Stewart Bull, Law Offices of Collin D. Bull; Jeffrey D. Aaron, President James B. Kobak Jr., Treasurer Gail Donoghue and Secretary Susan J. R. Coleman, partner, Hughes Hubbard & Walsh. Meet the Chairs Reed LLP; Sylvia E. Di Pietro, Law Looking Ahead efforts to ensure adequate funding for Offices of Sylvia E. Di Pietro; Hon. Betty In his acceptance speech, Mr. Kobak New York’s indigent defense system, Pg. 8 Weinberg Ellerin, senior counsel, Alston & said, “As part of our strategic plan, we are pledging: Bird and former presiding justice, examining everything about the organiza- I can assure you that NYCLA is not Appellate Division, First Department; tion from top to bottom: our mission and going to sit idly by and allow the Environmental Law Dyan M. Finguerra-DuCharme, counsel, goals and our impact in the community, as inadequate existing situation to get White & Case LLP; Jeffrey M. Kimmel, well as the effectiveness of our communi- worse. We took action on the ques- Committee Wins 2010 partner, Salenger, Sack, Schwartz & cation with our members, the broader com- tion of inadequate rates for assigned Klaus Eppler Award Kimmel, LLP; Stephen C. Lessard, associ- munity and even among ourselves...We are counsel. We filed briefs in the ate, Orrick, Herrington & Sutcliffe LLP; a membership organization and have to Hurrell-Harrell case challenging the Pg. 11 Hon. Joseph Kevin McKay, Acting Justice, demonstrate that we are a resource for systemic inadequacy of indigent Supreme Court, Kings County; Janiece lawyers and judges -- and not just a defense in New York State. Looking TABLE OF Brown Spitzmueller, supervising attorney, resource but an indispensable resource.” ahead, funding for indigent defense New York City Department of Housing Stressing his commitment to maintain is one issue on which NYCLA is CONTENTS Preservation & Development; and Rita W. NYCLA’s advocacy role in public policy never going to stop being feisty. Annual Meeting...... 1 Warner, partner, Warner Partners, P.C. issues, he cited NYCLA’s most recent (See Annual Meeting on page 11) Annual Report ...... 1 MESSAGE FROM ANN B. LESK, PRESIDENT CLE Programs ...... 11 Early Career Attorneys: OF THE NEW YORK COUNTY LAWYERS’ ASSOCIATION Client Development ...... 15 Environmental Law Committee Wins Eppler Prize...... 11 Annual Report 2009-2010 Ethics Hotline...... 10 INTRODUCTION This year also saw NYCLA’s Home of Law Events Calendar...... 2 This Annual Report summarizes another year receive a much-needed new roof and related Library Notes...... 10 of achievement for the New York County repairs, so that our landmarked building is now Lunch with a Judge ...... 2 Lawyers’ Association early in its second centu- watertight and fit for another 100 years. Meet the Chairs ...... 8 ry. NYCLA has continued to demonstrate the Member News ...... 2 wisdom of its founders, who created a bar asso- THE HOME OF LAW Message from Director of the ciation that was open to all lawyers. Our 10,000 In August 2009, NYCLA’s 79-year-old members bring many perspectives and a wide Home of Law began undergoing major façade CLE Institute...... 5 variety of backgrounds to today’s legal issues. rehabilitation to protect the integrity of the Message from Dan Jordan, This diversity has helped NYCLA to produce building. The first phase of the work entailed Library Director ...... 4 innovative, practical suggestions – many of replacement of the flat and mansard roofs and Message from Stewart D. Aaron, which are mentioned below – to improve our skylights, pointing and crack repair of the rear President of the legal system and to make our courts more façade, and correction of wall movement on the NYCLA Foundation ...... 3 accessible to all people. NYCLA has responded to the economic down- Vesey Street façade. We are pleased to report NYCLA Foundation...... 3 This has been another challenging year for turn by increasing its pro bono programs, espe- that the building is once again water and weath- NYCLA Announces Victories in the legal profession. Although financial mar- cially in areas such as consumer credit and fore- er tight. Courts of Appeals Ruling ...... 4 closure, and working with other organizations kets rose sharply, unemployment remained The second phase, which includes the instal- Officers’ Profiles ...... 9 high, both in general and among lawyers. that are providing assistance to victims of eco- lation of new rear façade windows and storm nomic pressures. At the same time, NYCLA windows on the Vesey Street façade, will begin Recent Events...... 8 has expanded its assistance to its own members in June and be completed by the end of August. Rule 6.4 of New York Rules of who are suffering from the contraction of the The $2.23 million project will not only pre- Professional Conduct Amended .....3 economy. It has added forums and continuing serve our Cass Gilbert building for the future 2010 Attorneys’ Guide ...... 10 legal education programs that are relevant to but will also enable the Association to continue 2010 New York County current developments. (See Annual Report 2009-2010 on page 6) Criminal Courts Manual...... 10

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