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“A Firm Hand of Stern Repression” JANUARY 2007 VOL. 79 | NO. 1 JournalNEW YORK STATE BAR ASSOCIATION “A Firm Hand of Stern Repression” United States v. O’Leary Also in this Issue Attorney Labor Unions by William H. Manz New Information and a Lead Agency’s Duty Under SEQRA 2006 Legislation and the Criminal Law BESTSELLERS FROM THE NYSBA BOOKSTORE January 2007 Attorney Escrow Accounts, Insurance Law Practice, NEW! Second Edition Second Edition Estate Planning and Will Drafting in Completely updated for 2006, Attorney Escrow Completely updated for 2006, the Second Edition New York, 2006 Revision Accounts, Second Edition, offers comprehensive cover- provides a comprehensive approach to this complex Provides a practical overview of the complex rules age of the most common situations involving client area of the law. Includes five new chapters on disability and considerations involved in the various aspects funds and clearly discusses the legal and ethical issues insurance, workers’ compensation insurance, profes- of estate planning in New York State. Includes encountered. sional liability coverage, insurance regulation, and numerous sample wills and checklists. PN: 40266 / Member $45 / List $55 /164 pages agent and broker liability. PN: 4095 / Member $125 / List $160 / PN: 41256 / Member $110 / List $140 / 1,382 pages approx. 700 pages Collections and the Enforcement of Money Judgments, 2006 Revision Legal Manual for New York Physicians, New York Lawyer’s Deskbook, This classic text provides detailed guidance in the field Second Edition of debt collections and enforcement of money judg- Co-published by NYSBA and the Medical Society of the Second Edition, 2006-2007 ments. Completely updated with the 2006 cumulative State of New York, this comprehensive text is a must- WINNER OF THE ABA’S CONSTABAR AWARD supplement. have for physicians, attorneys representing physicians The Second Edition consists of 25 chapters, each PN: 4030 / Member $105 / List $140 / 804 pages and those involved in the medical profession. Presented covering a different area of practice. Each chapter in an easy-to-use question-and-answer format. gives the nuts and bolts of practice in that particular Condemnation Law and Procedures in PN: 41325 / Member $90 / List $105 / 1,002 pages area of law. PN: 4150 / Member $250 / List $325 / 2,068 pages New York State N.Y. Criminal Practice, Second Edition This timely book provides a thorough analysis of emi- New York Lawyer’s Formbook, nent domain law in New York State and includes a Covers all aspects of the criminal case, from the initial discussion of the U.S. Supreme Court decision Kelo v. identification through the trial and appeals. 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Municipal Formbook, FFormsorms Covers the aspects of handling appeals to Topics include pre-trial discovery schedules, appropriate Third Edition oonn CCDD and inappropriate behavior at depositions, and motions the New York State Appellate Division, addresses A rich resource for attorneys dealing for protective orders. recent statutory changes and rule revisions, and with local government as it affects employees, PN: 4074 / Member $50 / List $65 / 450 pages includes commonly needed forms. A must for citizens and businesses. Over 1,000 forms covering practitioners filing civil or criminal appeals. all aspects of municipal law. 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NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: CL3010 It’s JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] NYSBA Mary Grace Conneely Monticello Willard H. DaSilva Garden City Philip H. Dixon Albany Membership Lesley Friedman Rosenthal New York City Judith S. Kaye New York City Eileen D. Millett New York City renewal time! Thomas E. Myers Syracuse John B. Nesbitt Lyons We hope we can count on Eugene E. Peckham Binghamton Gary D. Spivey your continued support. Albany EDITOR EMERITUS Eugene C. Gerhart Binghamton MANAGING EDITOR Thank you! Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF PRODUCTION COORDINATOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Chris Martin Executive Plaza 1, Suite 900 11350 McCormick Road Hunt Valley, MD 21031 (410) 584-1960 e-mail: [email protected] CONTENTS JANUARY 2007 “A FIRM HAND OF STERN REPRESSION” United States v. O’Leary BY WILLIAM H. MANZ 10 DEPARTMENTS 5 President’s Message 23 Attorney Labor Unions 8 CLE Seminar Schedule BY MITCHELL H. RUBINSTEIN 20 Burden of Proof Is the Public Being Protected? BY DAVID PAUL HOROWITZ 32 A Lead Agency’s Duty Under SEQRA to 30 Presentation Skills for Lawyers Review Newly Discovered Information BY ELLIOTT WILCOX 45 View from the Bench BY JAMES BRYAN BACON BY WILLIAM J. GIACOMO 39 2006 Legislation Affecting the Practice 48 Attorney Professionalism Forum of New York Criminal Law 52 Index to Advertisers BY BARRY KAMINS 53 Language Tips BY GERTRUDE BLOCK 54 New Members Welcomed 60 Classified Notices 63 2006–2007 Officers 64 The Legal Writer BY GERALD LEBOVITS CARTOONS © CARTOONRESOURCE.COM The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2007 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publica- tion of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/August, September, October, November/December. Single copies $18. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | January 2007 | 3 PRESIDENT’S MESSAGE A Mid-Term Report Mark H. Alcott ix months ago, I stood before announcements educate the public lems and challenges – far more severe the House of Delegates, took the about what lawyers do to help people than ours – on the issue of indepen- Soath of office and pledged that solve real-life problems in business, dent courts and judges. I did not feel I would use my presidential term to housing, employment and the like; it was appropriate to visit China and strengthen and defend our core val- what lawyers do to help the poor; lecture its citizens on the shortcom- ues, while promoting needed reform. and how lawyers defend judges from ings in their system, of which the Since then, I have been busily engaged political attacks, thereby protecting Chinese legal community is painfully in that endeavor, and, having reached the public’s rights. It is our hope that aware. On the other hand, I could not the mid-term of my presidency, I can people hearing these messages will address a legal conference in China report progress on all of these fronts.
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