COUNTYNEW YORK LAWYER

January/February 2010 Visit us at www.nycla.org Volume 6 / Number 1 NYCLA’s 95th Annual Dinner Theme INSIDE “Hail to the Chiefs!” Honored Leaders of State In Honor of Black History Month Jacqueline A. and Federal Courts in New York Berrien, Esq. to Receive Ida B. Wells- Barnett Justice Award on February 24 Pg. 2

Message from NYCLA President Ann B. Lesk: Due Process in Administrative Law Tribunals: New York City’s Environmental Control Board ...... Pg. 3

NYCLA Launches Volunteer Hon. Robert M. Morgenthau and Hon. Sonia Sotomayor Hon. Jonathan Lippman and Roy L. Reardon For The Day Project...... Pg. 6

On December 15, 2009, more than 1,000 lawyers and judges according to the Resolution accompanying the Medal’s adoption, attended NYCLA’s 95th Annual Dinner at the Waldorf Astoria “is conferred upon a member of the Association whose record of Deconstructing the Bar Exam: with the theme, “Hail to the Chiefs!,” celebrating the invaluable dedication and service to the Association and legal profession Free Program for NYCLA work that the leaders of the Federal and State courts in New York comport with the high standards established by Boris Members on March 25 ...... Pg. 11 have done on behalf of their courts and our legal system. Hon. Kostelanetz.” The William Nelson Cromwell Award, named after Robert M. Morgenthau, the retiring District Attorney of New York NYCLA’s 12th president (1927-1930), recognizes members of the County, was presented with the Boris Kostelanetz President’s legal profession for their “unselfish service to the profession and In Recognition of Women’s History Medal by Hon. Sonia Sotomayor, Associate Justice, U.S. Supreme the community.” Month: Sybil Shainwald, Esq. Court, who served as an Assistant District Attorney in the DA’s In her remarks, Ann B. Lesk, NYCLA President, referred to to Receive Edith I. Spivack Award office from 1979-1984. Roy L. Reardon, a partner at Simpson NYCLA’s mission of “promoting access to justice” and, in light of on March 24...... Pg.10 Thacher & Bartlett LLP, was presented with the William Nelson the nation’s deepening recession, which has led to an exponential Cromwell Award by Hon. Jonathan Lippman, Chief Judge of the rise in the number of pro se debtor-defendants in the courts, called TABLE OF State of New York. The Annual Dinner’s honored guests were on attorneys to volunteer in one of NYCLA’s pro bono programs. Chief Judges, Presiding Justices and Administrative Judges of The remarks of Ann B. Lesk, Hon. Jonathan Lippman, Roy L. CONTENTS both the Federal and State trial and appellate courts throughout Reardon and Hon. Sonia Sotomayor begin on page 10. Their 2010 New York County Criminal New York State. Former NYCLA President Robert L. Haig served remarks are also available on NYCLA’s website. Visit Courts Manual...... 2 as the Dinner Chair. www.nycla.org and click on “News & Publications” and then on Annual Dinner Remarks...... 10 The Boris Kostelanetz President’s Medal honors its namesake, “Speeches.” For more photos from the Annual Dinner, please CLE Programs...... 5 Boris Kostelanetz, a past president of NYCLA (1969-1971) and, turn to the centerfold. CLE Tech Programs...... 13 Criminal Courts Manual...... 14 Deconstructing the Bar Exam ...... 11 Edith I. Spivack Award...... 10 NYCLA Board Adopts Task Force on Environmental Law Committee Forum ...... 13 Ethics Hotline...... 3 Events Calendar ...... 2 Professionalism’s Report Proactive Focusing for Senior Lawyers...... 2 Ida B. Wells-Barnett Justice Award...... 2 On January 11, NYCLA’s Task Force on sionalism, which is, in part, “By profession- sel, public sector attorneys and members of Library Notes ...... 13 Professionalism’s “Report on Profession- alism we mean a group pursuing a learned art academia. Mr. Kobak said, “I want to thank Member News ...... 14 alism” was adopted by the NYCLA Board as a higher calling in a spirit that it is per- the Task Force members and our pioneer Message from the Director of the CLE Institute ...... 5 of Directors. The report identifies the issues forming a public service, a service that is class of mentors for their commitment to Message from the President ...... 3 and concerns relating to professionalism indispensable in a democratic nation founded this project. Their volunteer service exem- Message from the President of and ethical behavior of members of the legal on the rule of law.” And, as a result of one plifies what we mean by professionalism. the NYCLA Foundation ...... 4 profession, including: instances of lawyers’ predominant theme of the report, the need The work of the Task Force follows Musicians from Marlboro ...... 13 professional or unprofessional behavior; the and desire for mentoring “to ensure that pos- NYCLA’s tradition of taking on questions New-York Historical Society Program...... 12 role bar associations, law schools, the courts itive role models influence less-experienced of serious concern to the legal community NYCLA’s 95th Annual Dinner...... 1 NYCLA Board Adopts Task Force Report...... 1 and CLE play in education about profes- lawyers,” NYCLA launched a pilot mentor- and citizenry of New York in a frank and NYCLA’s Centennial Book: sionalism; and steps that could be taken to ing program in January, which is designed to collegial manner from a diversity of per- Brethren and Sisters of the Bar...... 15 improve professionalism among lawyers. “increase professionalism among lawyers spectives. We look forward to establishing NYCLA Justice Center & Justice Resource Task Force members conducted extensive and increase their professional satisfaction.” a successful mentoring program to bring Center Conference ...... 7 research to develop a definition of profes- James B. Kobak Jr., NYCLA’s president together experienced senior lawyers with NYCLA Launches Volunteer For elect, chairs the Task Force, whose mem- those new to the practice or considering The Day Project...... 6 NYCLA Member’s Charity Aids bers comprise all segments of the legal pro- career change, and encourage NYCLA Haitian Relief Efforts...... 14 fession – partners and associates in large members to share their thoughts and experi- Practice of Law Series ...... 6 firms, solo and small-firm practitioners, ences on our professionalism blog.“ Public Policy Developments ...... 11 judges and court personnel, in-house coun- (See NYCLA Board Adopts Report, Page 15) Recent Events...... 7 2 January/February 2010 / The New York County Lawyer EVENTS CALENDAR In Honor of Black History Month: Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. Jacqueline A. Berrien, Esq. to Thursday, March 4 6:00 PM February Place: NYCLA Home of Law – 14 Vesey Street Receive Ida B. Wells-Barnett SPECIAL EVENT: READING & FREE BOOKSIGNING WITH FRANCINE Panelists: Joseph Bambara, in house counsel RUSSO, AUTHOR OF THEY’RE YOUR and a VP of technology architecture at UCNY, Justice Award on February 24 PARENTS, TOO! HOW SIBLINGS CAN Inc.; Raj Goel, CISSP, IT and information security expert; and Anthony L. Soudatt, Law In honor of Black History of the Ford Foundation's Peace SURVIVE THEIR PARENTS’ AGING Month, NYCLA will present and Social Justice Program. WITHOUT DRIVING EACH OTHER Office of Anthony L. Soudatt, Esq. and tech- CRAZY nology consultant Jacqueline A. Berrien, asso- During her tenure with the Wednesday, February 10 6:00 PM Cloud computing, an Internet-based develop- ciate director-counsel of the Ford Foundation, Ms. Berrien Place: NYCLA Home of Law – 14 Vesey ment and use of computer technology typically NAACP Legal Defense and also co-chaired the Funders' Street involving the provision of dynamically scala- Educational Fund, Inc., with Committee for Civic FREE ble resources, is fast becoming a part of our the eighth annual Ida B. Participation, a philanthropic Filled with expert guidance from gerontolo- daily lives. Whether one is checking webmail, Wells-Barnett Justice Award affinity group affiliated with gists, family therapists, elder-care attorneys, backing up data online or collaborating on doc- on Wednesday, February 24. the Council on Foundations. financial planners and health workers, the book uments, it is hard to avoid putting information in the cloud. It is a cost-effective tool that The award ceremony will Before joining the Ford contains real-life stories and helpful family take place at the NYCLA Jacqueline A. Foundation, Ms. Berrien prac- many businesses are turning to. As counsel and Berrien, Esq. negotiation techniques for people whose par- Home of Law beginning at ticed civil rights law for more ents are aging. consumers, we need to understand how to nav- Sponsors: NYCLA’s Elder Law, Estates & igate safely and legally. Panelists will explore: 6:00 PM and is co-sponsored by the than 15 years. From 1994 to 2001, she Trusts and Law & Literature Committees the dangers of the cloud, legal issues involved, Metropolitan Black Bar Association. The was an assistant counsel with LDF, coor- RSVP: [email protected] and write ‘’February data protection, maintaining privilege and gen- award is named in honor of Ida B. Wells- dinating all of its work in the area of vot- 10 Event’ in the Subject line erally navigating the cloud safely and legally. Barnett, an African-American civil rights ing rights and political participation, and Sponsor: NYCLA’s Cyberspace Law advocate who adamantly fought against representing African-American voters in SPECIAL EVENT: JUDICIAL Committee segregation and in support of women's proceedings before the U.S. Supreme RECEPTION RSVP: [email protected] and write ‘March 4 rights. Court, U.S. Courts of Appeals and U.S. Forum’ in the Subject line Monday, February 22 5:30 PM District Courts. From 1987 to 1994, Ms. Place: NYCLA Home of Law – 14 Vesey SPECIAL EVENT: IN HONOR OF Jacqueline A. Berrien, Esq. Berrien worked as an attorney with the Street Jacqueline A. Berrien, Esq. was recent- Voting Rights Project of the Lawyers' FREE – BY INVITATION AND FOR WOMEN’S HISTORY MONTH: EDITH I. NYCLA MEMBERS ONLY SPIVACK AWARD RECEPTION ly nominated to head the Equal Committee for Civil Rights in Honors Newly Elected, Appointed, Re-elected Wednesday, March 24 6:00 PM Employment Opportunity Commission by Washington, D.C. and the National Legal and Re-appointed State and Federal Judges Place: NYCLA Home of Law – 14 Vesey President Barack Obama, who stated that Department and Women's Rights Project Keynote Speaker: Hon. Cyrus R. Vance Jr., Street she "has spent her entire career fighting to of the American Civil Liberties Union in District Attorney of New York County FREE give voice to underrepresented communi- New York. She began her legal career in Sponsor: Supreme Court Committee Awardee: Sybil Shainwald, Esq., Law Offices ties and protect our most basic rights." 1986, working as a law clerk for Hon. RSVP: [email protected] and write of Sybil Shainwald, has been a successful liti- Her nomination is awaiting a confirmation U.W. Clemon, the first African-American ‘Judicial Reception 2010’ in the Subject line gator of important women's health issues. Sponsor: NYCLA’s Women’s Rights vote by the full Senate. Ms. Berrien has U.S. District Court judge in Birmingham, Committee served as the associate director-counsel of Alabama. She has published several arti- SPECIAL EVENT: IDA B. WELLS-BAR- the NAACP Legal Defense and cles on race- and gender-discrimination NETT JUSTICE AWARD RECEPTION RSVP: [email protected] and write ‘March 24 Wednesday, February 24 6:00 PM Event’ in the Subject line Educational Fund, Inc. (LDF) since issues, including A Civil Liberties Place: NYCLA Home of Law – 14 Vesey (For more information about this event, please September 2004. She reports directly to Imperative: Promoting Quality Education Street refer to page xx.) the organization's president and director- for All African-American Children, FREE – BY INVITATION AND FOR counsel and assists with the direction and Columbia Teachers College Record NYCLA AND MBBA MEMBERS ONLY implementation of LDF's national legal (Summer 1993) and Pregnancy and Drug Honoree: Jacqueline A. Berrien, associate advocacy and scholarship programs. From Use: The Dangerous and Unequal Use of director-counsel, NAACP Legal Defense and 2001 to 2004, she was a program officer Punitive Measures, Yale Journal of Law Educational Fund, Inc. in the Governance and Civil Society Unit (See Black History Month, Page 14) Sponsors: NYCLA and the Metropolitan Black Bar Association RSVP: [email protected] and write ‘Feb. 24 SAVE THE DATE Event’ in the Subject line. 2010 New York County (For more information about this event, please Friday, April 23, refer to the article on this page.) 2010 Criminal Courts Manual NYCLA’s Law Day Luncheon The first edition of the 2010 New York County Criminal Courts Manual is a valuable tool March Capozzoli Honoree: Hon. Carmen for any attorney practicing criminal law in Manhattan. The 200+-page Manual contains the PUBLIC FORUM: HEAD IN THE Beauchamp Ciparick, Senior Associate fundamentals of criminal law in New York, including: the structure of the Criminal Court, CLOUDS? IMPLICATIONS OF CLOUD Judge, Court of Appeals commencement of action, arraignment practices in Criminal and Supreme Courts, plea and COMPUTING sentencing issues, pre-trial hearings, a step-by-step guide to Criminal Court trials, post-judg- ment issues and more. The Manual also contains comprehensive directories listing judicial and non-judicial personnel. The members of the New York County Lawyers’ Association’s Proactive Focusing for Senior Lawyers (NYCLA) Criminal Justice Section produced the Manual to assist criminal law practitioners of all experience levels in handling cases in New York County. To view the Table of Facing retirement? Learn Proactive Focusing …explore your choices, make Contents, go to www.nycla.org. sound decisions and move forward to a fulfilling retirement. COST: $50 for members; $100 for nonmembers

Speaker: Yael Bacharach, LCSW THE 2010 NEW YORK COUNTY CRIMINAL COURTS MANUAL WILL BE AVAIL- Place: NYCLA Home of Law - 14 Vesey Street (between Broadway and Church ABLE BY EARLY 2010. TO ORDER A COPY NOW: Street) Date/Time: February 11, 2010 - 6:00 PM Complete the order form below and fax it with credit card information to: 212-406-9252 or FREE: Open to NYCLA members only mail it with your check made payable to NYCLA or credit card information to: NYCLA - RSVP: [email protected] (Space is limited) Criminal Courts Manual, 14 Vesey Street, New York, NY 10007.

Number of copies @ $50/NYCLA member rate ______NYCLA Holds Monthly Drawing NYCLA ID Number______Number of copies @ $100/non-member rate______

For Live, Three-Credit CLE Course Name ______

Congratulations to Brian Lustbader of Mazur Carp, Rubin & Schulman, P.C. Mr. Firm ______Lustbader’s name was selected from among those members who paid their first dues invoice in full by December 28, 2009 and he received a certificate for one live, Address ______three-credit CLE course. Members who pay their initial annual invoice in full by the drawing date, which Phone ______Email______appears on members’ invoice statements, are automatically entered into the draw- ing. One member is selected each month. For more information about the drawing, Credit card number ______Exp. date______call Andrew Segal at 212-267-6646, ext. 208. Check enclosed January/February 2010 / The New York County Lawyer 3

MESSAGE FROM ANN B. LESK,PRESIDENT OF NEW YORK THE NEW YORK COUNTY LAWYERS’ ASSOCIATION COUNTY LAWYER Ann B. Lesk Ann B. Lesk Due Process in Administrative Law Tribunals: President Sophia J Gianacoplos New York City’s Environmental Control Board Executive Director The New York County Lawyers’ diem basis, leading to a public perception Mariana Hogan Association has just issued “A Proposal for that they may be influenced to favor the Chair, Editorial Board the Reform of the New York City agencies in order to retain their jobs. Environmental Control Board,” which is NYCLA has also urged, in a previous Marilyn J. Flood the sixth in a series of reports prepared by report, that New York City adopt a stronger Counsel to NYCLA the Task Force on Judicial Selection on code of conduct for ALJs, one that would Executive Director of the reform of New York City’s administrative prohibit ex parte communications between NYCLA Foundation law tribunals.1 The Environmental Control agency personnel and ALJs concerning Board (ECB) deals with hundreds of thou- cases under adjudication.2 A closely related Anita Aboulafia sands of matters annually, ranging from reform is the elimination of non-public Editor public nuisance cases (such as unlawfully agency decision-making using informal Director of Communications entering a public park) to violations with guidelines and memoranda that have not potentially serious public health and safety been promulgated in accordance with the consequences (such as unauthorized nificant collateral consequences, such as City Administrative Procedure Act. New York County Lawyer is release of hazardous substances). The the loss of licenses that are required to NYCLA’s report acknowledges that the published by ECB can impose fines ranging from $50 to carry on various types of business in New ECB has improved many of its procedures, Long Islander Newspapers $25,000, and it can also issue injunctive York City. In more serious cases, including improving training for its ALJs under the auspices of remedies, such as ordering that a building NYCLA’s report urges, the respondent and reducing backlogs, but urges that the New York County Lawyers’ be vacated or that work on a landmarked should have full access to the agency file greater improvement is possible in most Association. For advertising building be stopped. on the matter before a hearing occurs, and cases and is essential for the most serious NYCLA’s report urges the ECB to adopt should have the option to have the case cases under the ECB’s jurisdiction. information, call 631-427-7000. two basic principles: first, that the ECB be heard before the Office of Administrative Adopting the reforms presented in Mailing address: 149 Main Street, devoted to just and efficient adjudication Trials and Hearings (OATH). Hearings at NYCLA’s report will improve the quality Huntington, NY 11743. of cases, and, second, that agencies bring- OATH provide the respondent with full of justice available to the hundreds of thou- ing cases before the ECB be bound by due process procedures, including a bind- sands of New Yorkers who come in con- Copyright © 2010 New York County adverse decisions. ing statement of the charges, prehearing tact with the ECB each year without Lawyers’ Association. All rights Because of the large volume of viola- disclosure, a requirement for disclosure of impairing the ability of the ECB to dispose reserved. New York County tions over which the ECB has jurisdiction exculpatory material, the right to confront of minor cases efficiently. (according to the ECB, more than 700,000 witnesses, and a trial record. Lawyers’ Association grants permis- in 2009, of which more than 500,000 were In addition, NYCLA’s report urges the 1 The report and its predecessors can be found at sion for articles and other material generated by the Department of ECB to adopt improved employment pro- https://www.nycla.org/siteFiles/Publications/Publicat herein or portions thereof to be ions1316_0.pdf. reproduced and distributed for educa- Sanitation), it employs streamlined proce- tections for its administrative law judges 2 The report can be found at http://www.nycla.org/ dures for adjudications. Under these pro- (ALJs). Many ALJs are employed on a per siteFiles/Publications/Publications1166_1.pdf. tional or professional use through cedures, it is possible for an agency to direct contact with clients, prospec- prosecute a violation without proof of serv- tive clients, professional colleagues ice on the respondent, for the administra- Managing Your and students provided that such use tive law judge to presume that the notice of shall not involve any matter for violation or summons is true even though which payment (other than legal fees no witnesses are produced to substantiate Law School Debt or tuition) is made and provided fur- that presumption, and for a respondent to pay a fine by mail without receiving notice Understanding the repayment options on your student loans and the basics of per- ther that all reproductions include the that this may lead to serious collateral con- sonal finance can help you maximize your educational investment. This interactive name of the author of the article, the sequences. These procedures are clearly presentation will focus on money management and personal finance strategies that copyright notice(s) included in the inconsistent with widely accepted princi- can help you manage repayment of your debt. It will include a comprehensive original publication, and a notice ples of due process of law. description of the income-based repayment plan and the loan-forgiveness program indicating the name and date of the NYCLA’s report suggests that although for lawyers who serve ten years in the public sector. Association publication from which these streamlined procedures may be the reprint is made. Subscription rate: Date/Time: Thursday, March 18 - 6:00 PM appropriate and necessary for relatively $10.00 per year for non-members minor violations without collateral conse- Speaker: Jennifer C. Trauman, account executive, The Access Group, Inc. quences, they are not suitable for cases that Place: Home of Law – 14 Vesey Street can lead either to significant fines or to sig- FREE to NYCLA members New York County Lawyer is published Non-members who pay the $25 program fee are eligible will receive a free year of monthly (except January and August) for NYCLA Law Student Membership. $10 per year by New York County RSVP: [email protected] Lawyers’ Association, 14 Vesey Street, New York, NY 10007. Periodicals postage 2010 paid is mailed at New York, NY and addi- tional mailing offices. POSTMASTER: New Year’s Ethics Hotline Send address changes to: New York County Lawyer, 14 Vesey Street, New York, NY February 1-14 February 15-28 March 1-15 March 16-31 10007-2992. Resolutions Gordon Eng Malvina Wally Larson Jr. Bruce A. Green 212-909-6048 Nathanson 212-225-2359 212-636-6851 USPS #022-995 1. Get involved in a meaningful pro 212-636-6851 bono project ([email protected]) ISSN: 1558-5786 Questions to the Hotline are limited to an inquiring attorney’s prospective con- 2. Participate on a NYCLA $10.00 of membership dues is deducted for duct. The Hotline does not answer questions regarding past conduct, the conduct Committee ([email protected]) a one-year subscription to the New York of other attorneys, questions that are being litigated or before a disciplinary com- County Lawyer. mittee or ethics committee, or questions of law. This notation shall not be con- 3. Join a fitness club strued to contain all Hotline guidelines. For a full discussion of Ethics Hotline ([email protected]) guidelines, please see “Guidelines on NYCLA’s Ethics Hotline,” September 2006, Photo Credits New York County Lawyer, Vol. 2, No. 7. (NYCLA members enjoy Anita Aboulafia substantial discounts at Crunch, Susan L. Harper NYH&RC and Equinox) To Advertise in Carolyn A. Kubitschek M. Barry Levy NO MORE EXCUSES! New York County Lawyer Call (866) 867-9121 Chretien Risley Richard Slack 4 January/February 2010 / The New York County Lawyer MESSAGE FROM STEWART D. AARON PRESIDENT OF THE NYCLA FOUNDATION The New York Center for Dear Friends: past. A contribution to the Foundation earmarked for Neuropsychology This is my first letter to you as “Dues Waiver Relief” will be President of the New York used by NYCLA to compensate & Forensic Behavioral Science County Lawyers’ Association for the income lost through dues (NYCLA) Foundation. As you waivers and will enable the know, the NYCLA Foundation Association to continue to have serves an important role as the a generous dues waiver policy. fundraising arm for NYCLA, Although we hope you’ll give Dr. N.G. Berrill, Director which for the last 100+ years generously, we welcome a gift has been serving its members in any amount. You can make and representing them with respect to sig- your contribution online by going to nificant issues affecting the profession NYCLA’s website at www.nycla.org and and our country. clicking on NYCLA Foundation or by While the Second Century Campaign mailing a check payable to the NYCLA [ Over 20 Years \ has met with considerable success in the Foundation to: NYCLA Foundation, 14 past, there still is much to do. NYCLA’s Vesey Street, New York, NY 10007. As Cass Gilbert-designed building is under- the Foundation is recognized by the IRS going much-needed repairs that are quite as a 501(c)(3) organization, your gift is expensive. Further, the costs to operate deductible to the extent provided by law. Providing Consultation to Attorneys NYCLA continue to increase every year. In order for NYCLA to continue to We invite you to join your colleagues thrive as it enters its second century, & the Courts on Psycho-legal Matters and fellow members in contributing to the NYCLA needs your support. If you have Second Century Campaign. With a gift of any suggestions for me with respect to $250 or more, we will send you Brethren NYLCA’s fundraising objectives, I’d love and Sisters of the Bar: A Centennial to hear them. I can be reached at stew- • Criminal Cases: Competency Issues, Criminal History of the New York County Lawyers’ [email protected]. Association. Other special gifts are avail- Sincerely, Responsibility, Extreme Emotional Disturbance, Risk able for large contributions. To retain members who are particularly Assessment, Sex Offender Workups & Dispositional hard hit by the recession, NYCLA granted Stewart D. Aaron far more dues waivers last year than in the President of the NYCLA Foundation Planning

• Matrimonial & Family Court Cases: Plan for the Future: Custody/Visitation, Neglect/Abuse, Termination, Remember NYCLA in Your Will Delinquency, Family Violence, & Adoptions Gifts received through wills and estate plans are vital to the much-needed renovations and improvements underway at the landmarked Home of Law and to the • Civil Cases: Competency Issues, Head Trauma, success of NYCLA pro bono and educational programs and resources for lawyers, including: its Law Library Sexual Harassment, Discrimination, Immigration, and free access to information sources, discounted CLE programs, committees open to all members, professional & Post-Traumatic Stress Disorders ethics programs and hot-line resources, and activities for lawyers in transition. A planned gift makes a lasting con- tribution to the future of the Home of Law and NYCLA’s services for lawyers and the public. Please consider NYCLA in your will or estate plan.

For more information, please email the Foundation’s Executive Director, Comprehensive Diagnostic & Marilyn J. Flood, at [email protected] or call her at 212-267-6646, ext. 222. Treatment Services NYCLA Foundation’s 2010 Appeal Please join your NYCLA colleagues and fellow members and contribute to the Second Century Fund and to the restoration and repair of the Home of Law.

CONTRIBUTION LEVEL

26 Court Street, Suite 912, Brooklyn, NY 11242 Contribution Designation NYCLA Foundation Gift/Recognition 718-237-2127 $100 Member NYCLA Centennial DVD

& $250 Friend Autographed Centennial Book $500 Partner Limited Edition Print

45 North Station Plaza, Suite 404, Great Neck, NY 11021 $1,000 Fellow Autographed Centennial Book and Limited 516-504-0018 Edition Print $2,500 Supporter Autographed Centennial Book, Limited Edition Print and Recognition on Plaque at the Home of Law

$5,000 Patron Autographed Centennial Book, Framed Limited Edition Print, Tiffany Crystal Windham Box and Recognition on Plaque at the Home of Law WWW.NYFORENSIC.COM $15,000 Leader All Patron Gifts and Recognition, Plus a Naming Opportunity at the Home of Law January/February 2010 / The New York County Lawyer 5 MESSAGE FROM BARI CHASE, DIRECTOR OF THE CLE INSTITUTE Winter Programs at the CLE Institute This winter, the CLE Institute continues will offer a Video Replay of From Early Registration Fee: (on or before 2/23) to offer both live and Video Replay pro- Opening Statements to Closing (on or before 2/8) Member: $125 Non-Member: $175 grams. On Wednesday, February 10, Arguments: Effective Advocacy in Member: $125 Non-Member: $175 Registration Fee: (2/24 – 2/25) Program Chair Ronald Burke and a panel Federal Criminal Trials on February 18. Registration Fee: (2/9 – 2/10) Member: $150 Non-Member: $200 of experts will reprise Anatomy of a For a complete listing of the February Member: $150 Non-Member: $200 Deposition. Using a practical approach, Video Replays, visit our website at Friday, February 26 the panelists will instruct you in basic dep- www.nycla.org. Thursday, February 18 6:00 – 8:30 PM 8:30 – 11:00 AM osition skills, techniques for handling The Impact of NYS’s Comprehensive Video Replay: Saving the Distressed commonly encountered problems and how SAVE the DATE: The 33rd Annual Foreclosure Legislation Homeowner to use depositions at trial. An interactive Civil Trial Practice Institute will take 2.5 MCLE Credits: 1.5 Professional 2.5 MCLE Credits: 1 Skills; 1.5 demonstration will also be staged to illus- place on March 12 and 13. Program Chairs Practice; 1 Skills; Transitional and Professional Practice; Non-Transitional trate how to conduct a deposition and how Robert Kelner and Hon. Robert Lippman, Non-Transitional Early Registration Fee: to deal with unexpected issues, including J.H.O., have assembled an unparalleled Early Registration Fee: (on or before 2/24) seeking rulings from the trial court judge. roster of members of the bench, bar and (on or before 2/16) Member: $95 Non-Member: $125 On February 23, we welcome back to academia to lead attendees through the Member: $75 Non-Member: $125 Registration Fee: (2/25 – 2/26) NYCLA Professor Gloria J. Browne- New York State civil trial process. NOTE: Registration Fee: (2/17 – 2/18) Member: $120 Non-Member: $150 Marshall, who will discuss Race and the Attendance at both days of this program Member: $100 Non-Member: $150 Constitution. As Rev. Martin Luther King will satisfy the newly admitted attorney’s Jr. has stated, "When the architects of our first- or second-year MCLE requirements. Thursday, February 18 6:00 – 9:00 PM republic wrote the magnificent words of Be sure to check our website for a com- Video Replay: From Opening COMPLIMENTARY the Constitution and the Declaration of plete listing of February 2010 programs. Statements to Closing Arguments: Independence, they were signing a promis- Please note: Tuition Assistance is avail- Effective Advocacy in Federal Criminal ESTATE sory note to which every American was to able for qualified attorneys for live pro- Trials fall heir." Yet, the provisions of these doc- grams offered by the CLE Institute. Check 3 MCLE Credits: 1 Ethics, 2 Professional uments were not always applied equally our website at www.nycla.org for more Practice; Non-Transitional ADMINISTRATION and, in fact, were even used against the information and how to apply for Tuition Early Registration Fee: interests of minorities. Professor Browne- Assistance. Check our website for course (on or before 2/16) SERVICES Marshall will highlight the provisions of details, faculty, complete program Member: $95 Non-Member: $125 Complimentary: the Constitution that have the greatest descriptions and pricing. Registration Fee: (2/17 – 2/18) impact on minorities and attendees will Member: $120 Non-Member: $150 • Estate Valuations for 706 Schedule B learn how those provisions have profound- CLE Programs • Security Transfers/ ly affected race relations in the United Monday, February 8 Friday, February19 9:00 AM – 1:00 PM; Consolidation of Assets States. Program Chair Mark Rosen has 6:00 – 9:00 PM 2:00 – 5:00 PM
Upon receipt of a list of all items in assembled a panel of experts to present Construction Issues for Co-op and Video Replay Marathon: 2009 Jack the estate, we will provide a 706 From Verdict to Sentencing in the Condo Lawyers Newton Lerner Landlord Tenant Schedule B Ready Valuation within 3 MCLE Credits: 2 Professional Practice; Federal Criminal System, the fourth pro- Institute 3 business days gram in his in-depth look at Federal 1 Skills; Transitional and 7.5 MCLE Credits: 1 Ethics; 3.5 Skills; 3
We will contact transfer agents, Criminal Practice. The program will take Non-Transitional Professional Practice; Non-Transitional place on Thursday, February 25 and pro- Early Registration Fee: Early Registration Fee: dividend reinvestment plans, vide attendees with an in-depth under- (on or before 2/6) (on or before 2/17) financial institutions, etc. and standing of how a federal criminal case Member: $125 Non-Member: $175 Member: $125 Non-Member: $150 provide you with a list of unfolds after the verdict has been rendered Registration Fee: (2/7 – 2/8) Registration Fee: (2/18 – 2/19) documentation required to deposit up through sentencing. The program will Member: $150 Non-Member: $200 Member: $150 Non-Member: $175 and consolidate all assets to focus on post-verdict motions, the pre-sen- one professionally managed tence phase and the sentencing process, Wednesday, February 10 Tuesday, February 23 6:00 – 8:05 PM estate account with a discussion of the sentencing guide- 6:00 – 9:00 PM Race and the Constitution Leverage your Time & Streamline lines and recent case law. Anatomy of a Deposition 2.5 MCLE Credits: 2 Professional For those who missed the third program 3 MCLE Credits: 3 Skills; Transitional Practice; .5 Ethics; Transitional and Non- your Trust and Estate Practice in the Federal Criminal Practice series, we and Non-Transitional Transitional by Outsourcing to Us Early Registration Fee: (on or before 2/21) NYCLA provides law students with unparalleled access to Member: $35 Non-Member: $60 extracurricular education, professional development Registration Fee: (2/22 – 2/23) events and networking opportunities - all while fostering a Member: $55 Non-Member: $80 sense of community needed for young lawyers to practice law in New York City with purpose and responsibility. Thursday, February 25 Serving the Trust & Estate Community Joining NYCLA is perhaps the best way for budding attor- 6:00 – 9:00 PM for 28 Years neys to reconcile the needs of a changing legal market- From Verdict to Sentencing in the 400 Columbus Avenue place with their own personal and professional goals. Federal Criminal System Valhalla, NY 10595 3 MCLE Credits: 1 Ethics; 2 Professional (914) 741-9700 John Murillo Practice; Transitional and Non-Transitional www.yvarstrustservices.com Juris Doctor (J.D.) Candidate 2010 Early Registration Fee: New York Law School NYCLA Member since November 2009 Attention: Litigators DUFFY & POSILLICO AGENCY INC. Court Bond Specialists Desperately Seeking a Case in BONDS * BONDS * BONDS * BONDS

the New York Law Journal? Administration • Appeal • Executor • Guardianship The New York Law Journal has been removed from the LexisNexis service and is Injunction • Conservator • Lost Instrument only available with a two-week embargo on Westlaw. The NYCLA Library sub- Stay • Mechanic’s Lien • Plaintiff & Defendant’s scribes to the New York Law Journal and our librarians will be happy to help you with Bonds your research. Serving Attorneys since 1975 Looking for a case? Can’t find it in your reporters? Complete Bonding Facilities More and more cases are available in the electronic format only. Please contact IMMEDIATE SERVICE! NYCLA’s Reference staff to help you find these often mentioned, yet unpublished cases, online. 1-800-841-8879 FAX: 516-741-6311 For information, email the Library at [email protected] 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street, New York, NY 10006 6 January/February 2010 / The New York County Lawyer NYCLA Launches Volunteer Lawyer For The Day: Consumer Credit Pilot Project With the sharp downturn in the econo- phone bills, and cases with the following cumstances, draft discovery demands or mation on how to proceed without a my, the number of pro se defendants with defenses: lack of personal jurisdiction, prepare brief affidavits for litigants whose lawyer. Volunteer lawyers will discuss consumer debt cases appearing in Civil payment or partial payment, lack of stand- cases are not settled and are adjourned. with litigants the advisability of settling Court in New York County has more than ing by plaintiff, statute of limitations, debt The number of litigants receiving repre- each case. doubled over the last five years. In discharged in bankruptcy, unlicensed debt sentation in the courtroom each day Prior to approving a settlement of a case, response to this crisis, Hon. Fern A. collector or license not pleaded. depends on the number of volunteer the judge will allocute the agreement with Fisher, deputy chief administrative judge Only litigants receiving assistance from lawyers available. the litigant and confirm the litigant’s for New York City, reached out to New York CLARO (Civil Legal Advice understanding of the limited scope of the NYCLA, and the Volunteer Lawyer for and Resource Office) or Civil Court Limited-Scope Representation representation. The Day (VLFD) Project was created. The Volunteer Programs in either answering a Litigants and volunteer lawyers sign Project, which launched in January, pro- case or with an affidavit to vacate a default limited-scope representation retainers Olusegun O. Adedeji vides free consultations to litigants in Civil judgment due to failure to answer are eli- clearly delineating the limited nature of A solo practitioner, Mr. Adedeji has Court consumer cases who are represent- gible to receive services in the Volunteer the services. Moreover, litigants seeking extensive experience representing clients ing themselves. These cases can be over- Lawyer for The Day Project. Eligible liti- to vacate a default judgment will receive in Civil Court, including but not limited to whelming to pro se litigants; for example, gants receive a description of the project representation during the settlement or handling: consumer debt, landlord and ten- many litigants learn of the suit after their and a written referral, which they present argument of the motion. If the motion is ant, foreclosure prevention and interven- wages have already been garnished or their on their first court date in order to receive adjourned, the litigant may seek a new tion, immigration and family law matters. bank accounts frozen. NYCLA Member representation on a first-come, first-served lawyer on the adjourned date and a new He has volunteered in NYCLA’s CLARO Olusegun O. Adedeji, the lawyer in charge basis. Litigants then receive information limited retainer will be entered into. Program and the Brooklyn Bar of the project, handles consumer credit from Mr. Adedeji at the conclusion of the Since there will be many cases not appro- Association’s Volunteer Lawyers’ Project. cases (below $5,000) resulting from debts limited representation regarding any fur- priate to settle, litigants whose cases can- Mr. Adedeji is a graduate of Nigerian Law involving: revolving credit cards, depart- ther steps that must be taken after the court not be settled and are scheduled for tra- School in Lagos, Nigeria and the College ment store credit cards and cellular tele- date. Mr. Adedeji will, in appropriate cir- verse hearings or trials will receive infor- of Law in Guildford, United Kingdom. PRACTICE OF LAW SERIES FREE programs led by experienced attorneys in informal settings to help you manage your practice

Great Tips for Building a Successful Practice What Judges Want You to Know March 25, 2010 - Speaker: Doron Zanani May 13, 2010 - Speaker: Jeffrey Kimmel With over 20 years of experience, Doron provides his top suggestions for An experienced trial attorney shares his insights. Get important tips on building a successful solo and small-firm practice. The emphasis is on spe- what judges expect during motion practice, preliminary conferences, pre- cific, straightforward, no-holds-barred, practical advice and personal trial conferences, settlement conferences and the trial. Proper courtroom insights. etiquette and behavior will also be discussed.

Legal Ethics You Need to Know Preparing a Trial Notebook April 1, 2010 - Speaker: Lewis Tesser May 27, 2010 - Speaker: Jeffrey M. Kimmel An inside look at the attorney disciplinary process. How to avoid disciplinary Learn the basics of preparing a trial notebook, issuing subpoenas, jury complaints. How to respond to disciplinary complaints. Professionalism and selection, opening/closing statements and direct/cross examination. civility - not as simple as it appears. Evidentiary issues including in limine motions, demonstrative evidence and objections will be discussed. Writing Retainer Agreements, Setting Fees and Getting Paid (Part I) April 8, 2010 - Speaker: Martin L. Feinberg Trial Techniques for Beginners Legal, ethical and practical considerations when you write your retainer June 3, 2010 - Speaker: Jeffrey M. Kimmel agreements and set your fees. How to treat your clients so they want to pay Detailed discussions concerning trial strategy, witness preparation, jury you. selection, opening/closing statements and direct/cross examination. Hearsay objections and other evidentiary issues will be discussed.

Writing Retainer Agreements, Setting Fees and Getting Paid (Part II) April 15, 2010 - Speaker: Martin L. Feinberg What Every Lawyer Needs To Know About The Part 137 Fee Dispute Resolution Program - June 17, 2010 Legal, ethical and practical considerations when you write your retainer Speakers: Martin L. Feinberg and Heidi Leibowitz agreements and set your fees. How to treat your clients so they want to pay you. Your rights and responsibilities when your client disputes your fees and the law requires that you arbitrate.

Writing Retainer Agreements, Setting Fees and Getting Paid (Part III) April 22, 2010 - Speaker: Martin L. Feinberg Litigating Your Fee Dispute Legal, ethical and practical considerations when you write your retainer June 24, 2010 - Speaker: Doron Zanani agreements and set your fees. How to treat your clients so they want to pay No need to arbitrate? Go to court. Practical suggestions to recover your you. fees from former clients who refuse to pay. Covers discovery, motion prac- tice, pretrial conferences, inquests, trial and more. Based on actual experi- ence. Keeping Your Firm’s Finances April 29, 2010 - Speaker: Richard Klass Discussion of various financial matters concerning starting and running your FREE TO NYCLA MEMBERS. Refreshments are provided. law practice, including taxes, insurance, bookkeeping, software, time recording and office systems. LOCATION: Home of Law, 14 Vesey St. (between Church Street and Broadway) TIME: 6:00 - 8:00 pm REGISTRATION: Circle dates of all programs you wish to attend and Manage Your Relationships with Clients, Judges and Opposing fax to: 212-406-9252 or email: [email protected]. Counsel, So That They Don't Manage You!

May 6, 2010 - Speaker: Clyde Eisman NAME ______A practical approach to managing relationships with clients and other play- PHONE ______EMAIL ______ers in the profession that influence the success or failure of your law prac- tice. The focus is on creating a win-win environment whereby representa- NUMBER YEARS ADMITTED TO BAR ______tion is zealous and your practice is both efficient and effective. January/February 2010 / The New York County Lawyer 7 Recent Events NYCLA Justice Center Co-Sponsors Federal Courts Committee Hosts Hon. Kiyo Conference at Cardozo School of Law A. Matsumoto On November 18, Hon. Kiyo NYCLA’s Justice Center co-sponsored a two-day confer- A. Matsumoto, United States ence on November 15 and 16 at the Jacob Burns Center for District Judge for the Eastern Ethics in the Practice of Law at Benjamin N. Cardozo District of New York, was the School of Law titled “New Perspectives on Brady and guest speaker at the Federal Other Disclosure Obligations: What Really Works?” The Courts Committee meeting goal of the conference was to develop best practices to hosted by the Committee's Vice increase the reliability of results obtained by guilty pleas, Chair, Vincent T. Chang, of trials and post-conviction proceedings, and to optimize Wollmuth Maher & Deutsch effective training, supervision and control mechanisms for LLP. Pictured from left to right managing information in prosecutors’ offices. Among the attorneys and scholars who spoke at the con- are Mr. Chang, Judge ference were (from left to right): Terri Moore, first assistant district attorney, Conviction Integrity Unit in Matsumoto and Gregg Kanter, chair of the Committee. Dallas, Texas, incoming Manhattan District Attorney Cyrus R. Vance Jr. and Ellen Yaroshefsky, clinical professor of law and director, Jacob Burns Center for Ethics in the Practice of Law. Bruce A. Green, Fordham Law School, Louis Stein Professor of Law and a NYCLA board member, moderated a panel. Hon. Lucy A. Billings Sworn in as New York Additional conference sponsors were the: Law Review of the Louis Stein Center for Law and Ethics at Supreme Court Justice, New York County Fordham Law School, Center on the Administration of Criminal Law at New York University Law School, Criminal Justice Section of the American Bar Association, National District Attorneys Association and National Association of Criminal Defense Lawyers. Proceedings of the conference will be published in the Cardozo Law Review. Federal Courts Committee Civil Court Practice Section Hosts Hosts Hon. Eric N. Vitaliano Reception for Hon. Joan B. Carey

On December 8, Hon. Eric N. Vitaliano, United States District Judge for the Eastern On December 22, the Civil Court Practice Section hon- District of New York, was the guest speaker ored the contributions of Hon. Joan B. Carey (pictured), On January 14, Hon. Lucy A. Billings, a NYCLA member, was at the Federal Courts Committee meeting retiring Administrative Judge of the Supreme Court, Civil sworn in as a New York Supreme Court Justice, New York County. hosted by Stephanie G. Wheeler of Sullivan Branch, New York County, at a cocktail reception. Posing Pictured with Justice Billings is her brother, Hon. Taggart Adams, & Cromwell LLP. Pictured are Judge with Judge Carey is Jeffrey A. Helewitz (at left) and Hon. Superior Court Judge, Connecticut. Justice Billings is a member of Vitaliano (at left) and Gregg Kanter, chair of David B. Cohen, co-chairs of the Civil Court Practice NYCLA’s Civil Rights & Liberties Committee, Judicial Section and the Committee. Section. Women’s Rights Committee. NYCLA Justice Center and Justice Resource Center Sponsor Conference On December 11, 2009, the NYCLA Justice Center and and NYCLA member, served as script writer and director, the Justice Resource Center, NYCLA’s partner in the NYC briefly rehearsing the student volunteer actors and actress- Youth Law Education Project, sponsored a conference at es from Eleanor Roosevelt and Sheepshead Bay High Pace University attended by 90 students from eight public Schools. The students’ apt performances dramatically high schools. Entitled “Rights and Wrongs: What You and illustrated all too familiar scenarios for young people— the Justice System Can Do About Discrimination,” the con- interactions with law enforcement officers both on and off ference theme responded to student requests for more infor- school property. After each skit, Sol Davis of the Juvenile mation about issues affecting their lives as students, young Rights Division of The Legal Aid Society, engaged stu- people and people of color. dents in a lively discussion about their rights when stopped The conference began with two skits, one illustrating or challenged by police or school safety officers and appro- confrontations between young people and the police and priate responses. NYCLA Past President Catherine A. the other, between students and school safety officers. Christian and Marie Richardson, diversity officer and Alison Wilkey, senior staff attorney at Youth Represent director of legal recruitment with The Legal Aid Society, provided additional comments and advice. The students then attended workshops led by lawyers who presented a scenario involving a bias incident for dis- cussion and also provided practical advice about careers in the law. NYCLA is grateful to the following volunteer Marie Richardson and Sol Davis, The Legal Aid Society workshop leaders, who generously donated a morning to the conference: Vincent Chang, Catherine A. Christian, Lance Clarke, Sol Davis, Shannon Kahle, Edwina Martin, how they enjoyed the conference: “I learned a lot about th Marie Richardson and Alison Wilkey. discrimination and the importance of the 4 Amendment.” After lunch, representatives from Pace University, “Do not run from the police or use profane language against including Dr. Jonathan Hill, who was instrumental in the them.” “You take the LSAT to go to law school.” “The college’s hosting the conference, presented concrete infor- conference today was very motivating for me to go to col- mation to the students about how to apply for college and lege and continue to take up law.” “I enjoyed the workshop financial aid, as well as an overview of some law-related because of the open discussion we had.” In response to how majors like computer forensics. we could improve the conference: “You can’t improve it, The student evaluations were extremely positive, clearly it is already perfect.” “You can improve it by making it a demonstrating that high school students in law-related edu- little longer.” cation courses relish contacts with attorneys who can NYCLA and the Justice Resource Center began spon- amplify the classroom work, stimulate an interest in higher soring both high school student conferences and training NYCLA Past President Catherine A. Christian presenting education and clarify career goals. Some excerpts in seminars for teachers of law-related education in 2007 remarks. response to questions about what the students learned and (See Justice Center Conference, Page 15) 8 January/February 2010 / The New York County Lawyer NYCLA's 95th Annual Dinner - Hail to the Chiefs!

First row (from left to right): Hon. Luis A. Gonzalez, Hon. Judy H. Kluger, Hon. Jane A. Restani Hon. Michael V. Coccoma, Hon. Raymond J. Dearie, Hon. Robert M. Morgenthau, Hon. Sonia Sotomayor and Ann B. Lesk. Back row (from left to right): Hon. Efrain Alvarado, Hon. Fernando Camacho, Hon. Carla E. Craig, Hon. Steven M. Gold, Hon. Sherry Klein Heitler, Hon. Sylvia O. Hinds-Radix, Hon. Barry Kamins, Hon. Douglas E. McKeon and Hon. Philip G. Minardo.

Hon. Carmen Beauchamp Ciparick (top left) poses with Hon. George Bundy Smith and his wife, Alene Smith.

From left to right: NYCLA Past President Catherine A. Christian, Lucinda Franks, wife of Mr. Morgenthau, Hon. Robert M. Morgenthau and NYCLA Board Member Hon. Margaret J. Finerty Hon. Robert M. Morgenthau and NYCLA President Ann B. Lesk January/February 2010 / The New York County Lawyer 9 NYCLA's 95th Annual Dinner - Hail to the Chiefs!

First row (from left to right): Robert L. Haig, Hon. Jonathan Lippman, Roy L. Reardon, Hon. Loretta A. Preska, Hon. Dennis Jacobs, Hon. A. Gail Prudenti and Hon. Fern A. Fisher. Back row (from left to right): Hon. Juanita Bing Newton, Hon. Michael Obus, Hon. Henry Pitman, Hon. Edwina G. Richardson-Mendelson, Hon. Barry Salman, Hon. Alan D. Scheinkman, Hon. Richard E. Sise, Hon. Michael L. Pesce and Hon. Sharon S. Townsend.

NYCLA Past President John J. Kenney (at left) shares a lighter moment with Hon. John T. Buckley, presiding justice, Appellate New York Law Journal’s Editor in Chief Kris Simpson Thacher & Bartlett LLP Table Division, First Department. Fischer and Publisher George M. Dillehay

NYCLA Board members and officers (from left to right): Board Members Susan Y. Kunstler and Hon. Margaret J. Finerty, President Ann B. Lesk, Immediate Past President Catherine A. Christian and Secretary Rhea Kemble NYCLA Past Presidents Hon. Harold Baer Jr. Hon. Loretta A. Preska and Hon. Dennis Jacobs Dignam (at left) and Craig A. Landy 10 January/February 2010 / The New York County Lawyer 95th Annual Dinner Remarks of Ann B. Lesk, NYCLA President Justice Sotomayor, Chief Judge Lippman, four fronts: first, its membership programs; sec- legal community. Funding for civil legal services Distinguished Honorees, Ladies and Gentlemen: ond, urgently needed repairs to make NYCLA’s is being drastically reduced. Grants from the Welcome. I will be brief, since we have a full landmarked Home of Law watertight; third, a Interest on Lawyer Account Fund next year may program. broad range of public policy initiatives, which be one quarter or less than this year’s grants. Our This evening, we mark the beginning of you can read about on our website; and, fourth, courts are being flooded with parties who cannot NYCLA’s Second Century of promoting access increasing our service to our members and to the afford a lawyer to explain or assert their rights. I to justice and serving our diverse membership. I community in response to the deepest recession ask you to help NYCLA provide pro bono assis- want to thank NYCLA’s 10,000 members for since the Great Depression. tance to someone who is threatened with the loss their participation and support. If you are here as As the holiday season starts, we should remem- of home or livelihood. Please be part of the solu- a guest, please join us as a member. ber that this has been a year of living precarious- tion. Ann B. Lesk In the past year, NYCLA has been active on ly for too many people inside and outside the Thank you. Remarks of Hon. Sonia Sotomayor, Presenting the Boris Kostelanetz President’s Medal to Hon. Robert M. Morgenthau Hello everyone. It is with great tioned on was hit by a torpedo. as New York’s District Attorney. joy that I share this evening with True to the promise he made to himself, when Bob returned In the way he has run his office and dedicated his public life my judicial colleagues and from his naval service he went to law school – at our alma to the service of others – from being chairman of the Police friends from the state and federal mater Yale – then joined Patterson, Belknap & Webb, where Athletic League since 1962 and chairman of the Museum of courts of New York and with Roy he became active in the Democratic Party. In this last role, he Jewish Heritage-A Living Memorial to the Holocaust, to being Reardon, all of whom you honor befriended the Kennedy family and, in 1961, President John F. a founding director of the Puerto Rican Legal Defense and tonight. I congratulate each of Kennedy appointed him United States Attorney for the Education Fund and a trustee of the Jewish Philanthropies and you for the well-earned recogni- Southern District of New York. Temple Emanu-el in New York – Bob has exemplified the tion you are receiving. There, he established a reputation for securing convictions characteristics of public giving that marked the life of Boris I am especially privileged in a large number of cases involving public corruption, racket- Kostelanetz. Hon. Sonia Sotomayor tonight to present the Boris eering and white-collar crimes. He served in that office until On a personal note, I know the room tonight is filled with Kostelanetz President’s Medal to he resigned to run as governor of New York. people whom Bob has mentored during his distinguished my dear friend, Robert M. Morgenthau – the legendary prose- Suffice it to say, in that campaign Bob proved he was his career. I am one of those people whom Bob has spent his life cutor of New York County since 1975. NYCLA’s program father’s son. Henry Morgenthau Jr., who had served as secre- inspiring and promoting. My professional life began in Bob’s rightly spotlights the many ways in which Bob has trans- tary of the Treasury under FDR, was described by a biographer office, and my sense of professional integrity and public com- formed, improved and burnished the New York County as “awkward in press conferences and other public appear- mitment were nurtured and groomed under his tutelage. District Attorney’s Office to make it the gold standard of pros- ances, causing many to underrate his competence. Treasury I am honored to have the opportunity tonight to pay homage ecutorial excellence and achievement. Department minutes [however] show him to be a sound to Bob and present him with the Boris Kostelanetz President’s Bob’s entire life, like that of Boris Kostelanetz, has been administrator, and articulate defender of policies he advocated, Medal. Bob, I and everyone in the room are deeply indebted devoted to public service. He served in the Navy during and above all a man sensitive to human needs and suffering.” to you for the life choices you have made and the example you World War II and earned two Bronze medals. Bob has said That description of Bob’s father, I think, aptly describes the have set for all of us through the way you have lived your life. that his personal commitment to public service was made as he reasons for Bob’s only career electoral failure in his run for Congratulations, my friend, for this award and the well-earned swam in frigid waters after the second time the ship he was sta- governor, as well as the reasons for his immeasurable success accolade it bestows. Remarks of Hon. Jonathan Lippman, Presenting the William Nelson Cromwell Award to Roy L. Reardon What a delight it is to take part in the New advocate resonates not only in New York and of his profession. Since graduating from St. the First Department in 2007, one of my fore- York County Lawyers’Association’s 95th nationally, but also can be measured by the John’s Law School in 1954 and joining most priorities was to bring the highest possi- Annual Dinner. And what a great privilege it list of elite international law firms that have Simpson Thacher & Bartlett, where he served ble credibility and integrity to the leadership is for me to present the 2009 William Nelson retained Roy as counsel on so many occa- as Chair of the Litigation Department and of one of the largest and most respected Cromwell Award – the highest possible sions. He has argued and won groundbreak- long-time member of the Executive Attorney Disciplinary Committees in the honor that NYCLA can bestow on a member ing cases before the U.S. Supreme Court. He Committee, Roy has been a magnificent role country, with jurisdiction over 80,000 of our profession – to the incomparable Roy is in demand nationally as an arbitrator and model for how lawyers can seamlessly inte- lawyers and 3,500 complaints of lawyer mis- Reardon. lecturer. And his regular Court of Appeals grate private law practice with public and conduct annually. The first and only name on With this award we both remember Roundup column for the New York Law community service and pro bono and human- my list was Roy Reardon. Roy had served on William Nelson Cromwell, one of the great Journal is absolutely required reading for itarian pursuits . . . . and for how lawyers can the Committee for over a decade and knew lawyers in the history of our state and nation, every lawyer in this state – and, I might add, represent clients to the very best of their abil- what a difficult and time-consuming assign- and recognize someone who in our own day for every Court of Appeals Judge. ity . . . zealously and ethically . . . as officers ment this is. is equally respected and admired for his But let’s face it, Roy Reardon is not receiv- of the court who must never lose sight of their Yet, he did not hesitate for a second in accomplishments and contributions to the ing the Cromwell Award simply because he is special responsibilities to preserve the integri- accepting the appointment, and I am so grate- legal profession. Roy Reardon’s standing a brilliant lawyer. From his earliest days, Roy ty of the legal system. ful to him, because he has brought an among his peers as a litigator and appellate has been a natural leader and devoted servant When I was appointed Presiding Justice of (See Remarks of Hon. Jonathan Lippman, Page 14) In Recognition of Women’s History Month: Edith I. Spivack Award Reception Set for March 24 In recognition of Women’s History Month Ms. Spivack’s concerns extended beyond Movement at Consumers Union, Ms. and the work of Edith I. Spivack (1910- Edith I. Spivack, Esq. women in the legal profession. She urged Shainwald was awarded a National 2005), one of NYCLA’s longtime members Ms. Spivack was the driving force for the committee members to examine limitations Endowment for the Humanities grant to and first chair of its Women’s Rights establishment of NYCLA’s Women’s Rights on credit, insurance and residential leasing to establish the Center, accomplishing this Committee, NYCLA created an award in her Committee in 1972, actively recruiting out- women, especially those who were single, while attending New York Law School's honor in 1997. This year, the 13th annual standing women attorneys and playing a sig- divorced and widowed, and also pressed for evening division, from which she received a Edith I. Spivack Award will be presented to nificant role in identifying critical areas of studies relating to such issues as abuse, child J.D. in 1976. Sybil Shainwald, Esq. on Wednesday, March discrimination against women. Under her support and custody, and day care facilities. From that time on, Ms. Shainwald's legal 24 at the NYCLA Home of Law at 6:00 PM. leadership, the committee called attention to A graduate of Columbia University’s career has focused almost exclusively on Ms. Shainwald is best known for her advo- discriminatory legal and economic practices, School of Law, Ms. Spivack worked at the women's health issues. She represented cacy of health issues for American women including the disrespectful treatment of New York City Law Department for more 2,000 women in the Dalkon Shield class and women in developing nations. She was women in the courts and the lack of women than 70 years. action against A.H. Robins and obtained co-counsel in Bichler vs. Lilly, the nation's court officers. Ms. Spivack also focused on equality for women in Bangladesh, India, first DES daughter victory, and has litigated discrimination against women attorneys in Sybil Shainwald, Esq. Kenya and China; her picture is displayed on thousands of cases involving drugs and both hiring and promotion, and their exclu- Sybil Shainwald, Esq. was a consumer the walls of many Bangladeshi homes. devices harmful to women and their chil- sion from private clubs, where significant advocate before studying the law. As direc- She has been a vocal opponent of the use dren. business was conducted. tor of the Study Center for the Consumer (See Womens History Month, Page 14) January/February 2010 / The New York County Lawyer 11 Deconstructing the Bar Exam Public Policy Developments FREE Program for NYCLA Members November 23, 2009 – NYCLA’s Force on Judicial Selection published a Supreme Court Committee sent a letter to report, “A Proposal for the Reform of the Non members pay $25 and receive a complimentary year of OCA commenting on the Unified Court New York City Environmental Control NYCLA Law Student Membership* System’s Proposal, “New Request for Board,” providing specific proposals for Judicial Intervention (RJI) Form.” the reform of procedures of the Environmental Control Board. The March 25, 2010 - 6:00 PM Home of Law, 14 Vesey Street (Between Church Street and Broadway) November 24, 2009 – NYCLA filed an Report is the sixth in a series prepared by amicus brief in the New York State Court the Task Force regarding the operation of of Appeals in support of fair judicial com- adjudicative administrative law tribunals Speakers pensation in Larabee v. Governor. in New York City. (For more information Hon. Bryan R. Williams about the report, please refer to the Member of the New York State Board of Law Examiners December 2, 2009 – NYCLA’s Message from the President on page 3.) Environmental Law Committee sent a let- Eileen Shapiro, Senior Bar Examiner ter to the New York State Department of December 24, 2009 – NYCLA filed an New York State Board of Law Examiners Environmental Conservation’s Division amicus brief in the New York State Court of Mineral Resources opposing natural of Appeals, H.M. v. E.T., in support of James Shed, Secretary to the Committee gas drilling in the Marcellus Shale. H.M., the appellant and biological mother, who is seeking child support from respon- Committee on Character and Fitness, Appellate Division, First December 9, 2009 – NYCLA President dent E.T., her former same-sex partner. Department Ann B. Lesk testified before the New York State Senate Standing Committees on January 11, 2010 – NYCLA’s Task YOU DON’T WANT TO MISS THIS PROGRAM! Crime Victims, Crime and Correction, Force on Professionalism’s “Report on Learn specific techniques for increasing your essay scores Judiciary, Codes, and Veterans and Military Professionalism” was adopted by the Learn how to avoid fatal mistakes Affairs regarding IOLA and the future of NYCLA Board of Directors. (For more Learn how graders evaluate the essays civil legal services in New York State. information about the report, please refer Learn strategies for answering difficult questions to the front-page article.) Learn what you should never, ever include in your essay answer December 14, 2009 – NYCLA submitted Learn tips that may make the difference between passing and failing a letter to the counsel of the Commission To read reports, letters, amicus Learn how the New York multiple-choice questions are constructed on Judicial Nomination commenting on briefs, testimonies, comments and other and how to analyze them the revised Proposed Rules. documents related to NYCLA’s public Learn about character and fitness issues that could affect your policy initiatives, visit www.nycla.org December 22, 2009 – NYCLA’s Task and click on News & Publications. admission to the bar!

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Good Evening to Everyone. More importantly, it was founded on the I am a movie buff. I love movies about First let me say that I am proud and delight- democratic principal that every lawyer admit- lawyers. ed to be here this evening to accept the ted to practice was eligible for membership But there’s one movie I wanted to mention William Nelson Cromwell Award. Mr. and no other exclusionary criteria had to be this evening that I enjoy; it is entitled A Few Cromwell was a person who distinguished met. Good Men. The stars are Tom Cruise, Jack himself in many ways, and in particular by his It has been the leader in women’s rights, in Nicholson and Demi Moore; quite a cast. contribution to the profession and to the com- court reform, in aid to the indigent and in aid Cruise conducts a classic cross-examina- munity. Along the way he founded the distin- to minorities seeking to join our profession. tion of Jack Nicholson playing Colonel guished firm of Sullivan & Cromwell. It has been led by some of the giants of the Nathan Jessup the commander of the Marine There is a wonderful group of people here New York Bar. There is no time to mention Corps barracks at Guantanamo Bay. tonight I have to thank for this Award so let them all, but I will mention my partner John Two marines are on trial for murdering me get to it quickly before my time runs out. Kenney and Rosalind Fink, both of whom are another marine. First I want to thank Chief Judge Lippman here tonight. Their defense is that the homicide hap- for that extraordinary introduction. My moth- I must also mention Bob Haig, a former pened accidentally in the course of their car- er would have enjoyed it immensely, my President and the Chair of this dinner who has rying out a direct order from their superior father would be somewhat skeptical and the become literally an impresario for evenings under what was sort of a doctrine called sprinkling of my many grandchildren who are just like this and made them enjoyable and “Code Red” where the marines are supposed here tonight, were turning to their parents dur- successful. to inflict some kind of relatively harsh phys- ing the Judges remarks and stating “that man And I thank my partners who are here from ical punishment upon a fellow Marine for Roy L. Reardon is not talking about our Pop-Pop is he?” our great law firm which has given me the what was deemed as unacceptable perform- Society knows it needs us; they want us on That’s what they call me. Chief thank you for opportunity to practice my profession for 50 ance of one kind of another. that wall; society knows we the lawyers keep your kindness. years. What I have achieved they have At the end of the cross-examination Cruise democracy in place. We are the guardians I am awed by the opportunity to be up here achieved with me. Some years ago one of the succeeds in goading Nicholson into scream- with the courts of the rule of law. We main- on the dais and able to lend my voice to oldest firms in our community – Lord, Day & ing and blurting out in response to his force- tain with the courts a stable society. Hailing to the Chiefs who have been assem- Lord – went out of existence. At that time I ful and antagonistic cross that Nicholson did And who represents the kids in the New bled. They represent the heart of the machin- wrote a letter to the NYLJ which said in part “I in fact order the implementation of the York City school who are denied a fair share ery of justice that keeps us functioning under believe partners are joined together no less so “Code Red” which led to the death of a of state money to get a decent education. the rule of law, with both wisdom and com- that brothers and sisters. When I fall they Marine and thereby proving the defense of And who represents the innocent person passion. It is a system of justice admired carry me. When I succeed, my success is the marines on trial. on death row who needs help to get a fair throughout the world. theirs”. I believe that we are professionals, we I love Cruise’s cross-examination. hearing. And what a joy it is to all of us to be here to are not a business. Curiously, however, its some of the respons- And who is going to represent the little old see our own Justice Sonia Sotomayor present And lastly, and by no means least, I want to es to Cruise’s cross by Nicholson that comes lady in the Bronx project who is threatened the Boris Kostelanetz President’s Medal to the thank my wife Patricia Hynes, a great partner, before Nicholson’s confession that impressed with losing her apartment as the result of Honorable Robert M. Morgenthau. Justice a wise counselor and an unselfish loving and me in terms of our issue of self-esteem. some technicality for which she should not Sotomayor has already begun to put her giving person. With her tonight are all of my This part of the testimony came about be held responsible by a landlord trying to imprint on the workings of our Supreme Court four children seated out front. My daughters because as Cruise proceeded with the cross use it against her. and we can look forward to her continuing to Abigail, (the lawyer in the family), Cordelia Nicholson became more angry and in the The answer is we are. They need us. do so over her great judicial career. and Letitia together with my son Roy Jr. who course of that fires back at Cruise and asks Sandy Weil, Jack Welch, Bill Gates, Carl With respect to Bob Morgenthau, as some all make me proud by being here. him whether Cruise has ever stood on a wall Ichan, Henry Kravis, Steve Schwartzman of you may know, Bob was the US Attorney And now if you would indulge me just a and put his life in danger and whether he has and others – all hugely successful and bril- in the Southern District when he hired my few more minutes, there is something I do ever put his life in the hands of another man. liant people whom I admire. wife Pat Hynes as an Assistant. She remained want to get off my chest. Cruise responds that he has not. Nicholson They can’t do it. We can. in that office for quite a few years after he left, Pat and I wandered into an antique store in then says that that is what the Marine bar- As I tell our young associates every year making her own distinguished career. In our a small town in Vermont a while back. There racks do at Guantanamo Bay every single when them come in the door to encourage home whenever we talk about “the Boss” it was an old-timer looking after the store and day; they place their lives in danger and then their getting involved in pro bono work. I means Bob Morgenthau. For those who spent we bought a little something. He saw our in the line which is most pertinent and mem- say to them that I am sure that they have time with him as US Attorney, and those who address in Manhattan and said “I used to orable to me he says to Cruise: either read or seen the movie “To Kill a served in his office for the many years he has work in Manhattan. I practiced law there – “You want me on that wall. You need me Mockingbird.” been our great District Attorney he is and will you know one of those,” “one of those.” on that wall.” Then I tell them: “You too can be Atticus continue to be “the Boss” and I am privileged I just want to remind us all of the great I relate that statement to the paradox I Finch.” to be on the same dais and receiving an award paradox out there about we lawyers. As we mentioned about lawyers and how we are We are a great profession. with him this evening. have all seen sometimes when people perceived. Thank you for your time. I must thank the NYCLA, and its Officers uncharitably rate mankind in terms of the and Directors. esteem in which they are held, lawyers most It is an Association with a rich and illustri- of the time come out down near the bottom. ous history that celebrated its 100th anniver- And yet, we are essential and everyone My future legal career will focus on intellectual property sary in 2008. knows it. and entertainment law, which require a large number of contacts. NYCLA's Entertainment, Media, Intellectual Property and Sports Law Section provides a local, accessi- New-York Historical Society ble network that allows me to find contacts and mentors. Frank Poe Juris Doctor (J.D.) Candidate 2011 Celebrates International New York Law School Women’s Day NYCLA Member since September 2009 In recognition of International Women’s Day, which is celebrated on March 8, the New-York Historical Society, at 170 Central Park West and 77th Street, will host a program on Saturday, March 6 from 12:00 to 5:30 PM. The program includes lec- tures by Pulitzer Prize-winning journalist Kirsten Downey, author of Women Behind the New Deal: The Life of Frances Perkins, FDR’s Secretary of Labor and His Moral Conscience, and Kay Larson, author of Great Necessities: The Life, Times, and Writings of Anna Ella Carroll, 1815-189. Ms. Carroll was a political advisor to President Abraham Lincoln and a military secret agent during the Civil War. In addition to the lectures, two documentary films will be shown: Susan B. Musicians from Marlboro Anthony and All the Presidents’ Wives: First Ladies Throughout American History. NYCLA members are invited to the 45th season of Musicians from Marlboro, Docent-led gallery tours will be conducted and the program concludes with a con- st cert featuring The Lance Hayward Singers performing popular and jazz songs, as held at the Metropolitan Museum of Art on 81 Street and Fifth Avenue on Friday, well as spirituals. May 7 at 7:00 PM. Tickets under this offer are $25 (normally $40) and include free NYCLA members receive a discount for membership to the New-York Historical admission to the Museum. To take advantage of this discounted ticket offer, please Society; individual membership is $45 (regularly $55) and dual/family membership contact David Himmelheber at [email protected] or 212-581- is $85 (regularly $100). Visit www.nyhistory.org for more information or to join the 5107, ext. 17 and provide your NYCLA ID number. New-York Historical Society. Tickets for the International Women’s Day program are $15 for members of the Boccherini - String Quintet in F Major, Opus 20 No. 3 New-York Historical Society and $20 for nonmembers. To order tickets, contact Stravinsky - Three Pieces for String Quartet SmartTix at 212-868-4444 or go to www.smarttix.com. Schubert – String Quintet in C, D.956 January/February 2010 / The New York County Lawyer 13 Environmental Law Committee Hosts Forum on Green Building Innovations in NYC By Alison Karmel in newly constructed and retrofitted green buildings. He presented two case studies that CEC has worked on, On December 7, 2009, NYCLA’s Environmental Law including a new green building development project in Committee hosted a free public forum to educate and Manhattan and a retrofitted building in the Bronx. inform fellow practitioners on green building innovations Stanley Fishbein, J.D., LL.M (tax), founder and president in New York City. The forum consisted of four speakers, of CapQuest Group, LLC, shared his expertise on tax and all offering varied perspectives and expertise on green other government incentives offered by state and federal building development. governments to promote the use of green building design Jonathan Braman, LEED A.P., manager of multi-fami- elements. After describing these incentives, Mr. Fishbein Pictured from left to right: Alison Karmel, Stanley Fishbein, ly buildings at Bright Power, Inc., an energy consulting provided an example of how they can be combined to make Jonathan Braman, Larsen Plano, Lori Sokol and firm, described what it means to make a building ‘green,’ green building technologies economically feasible for a Christopher D. Barraza, chair of the Environmental Law explained the role of LEED certification and identified the project. Committee design elements that are considered when striving for dif- Finally, Lori Sokol, Ph.D., president of Sokol Media, ferent levels of LEED certification. Mr. Braman also dis- Inc., explained how the marketing of residential and com- building ‘green,’ the incentives available to fund green cussed what elements should be considered when per- mercial green buildings can increase their visibility and projects and how to market a green building once it is forming a cost/benefit analysis to decide whether to retro- appeal. completed. fit or construct a green building. Following the speakers’ presentations, the discussion Larsen Plano, LEED A.P., a green building project was opened up to a question-and-answer session with the Ms. Karmel was the moderator and one of the manager at Community Environmental Center (CEC), audience. Overall, the forum provided a clear explanation organizers for the event. She is secretary of NYCLA’s described the various environmental technologies utilized of what a green building is, the technologies that make a Environmental Law Committee and her practice

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funny, sincere, faithful, loyal . . . he makes us reversed the lower court's ruling in 1877. Remarks Of Hon. feel good about him and ourselves . . . and Black History Month According to information on her website, underneath it all is that penetrating intellect "As injustices against former slaves raged and deep inner calm and tranquility that per- (Continued From Page 2) throughout the South and a reign of terror Jonathan Lippman meates the very being of Roy Reardon. (Continued From Page 10) and Feminism (Spring 1990). She has also began, Wells' sense of indignation and Not everyone is aware that Roy was a pret- taught trial advocacy at Harvard and quest for justice was fueled. She decided unprecedented level of excellence to the ty fair college basketball player in his day. Fordham law schools and was appointed to use her pen to expose the motives Committee’s work, treating every single He is a member of the St. Francis College to the adjunct faculty of New York Law behind the violence. Lynching had issue and every single complaint with the full Hall of Fame, inducted in 1972, and was School in 1995. attention it deserves. even drafted by the NBA’s Syracuse become one of the main tactics in the Thank you, Roy . . . . and how many times Nationals. Which got me to thinking . . . Ms. Berrien is a graduate of Harvard strategy to terrorize blacks.... She traveled have all of us said those three words? maybe the legal profession should have its Law School, where she served as general through the United States and England, Unfortunately, there just isn’t enough time to own “Hall of Fame.” Why not? And as far editor of the Harvard Civil Rights-Civil writing and speaking about lynching and identify all of Roy’s contributions, past and as I’m concerned, Roy Reardon would be Liberties Law Review. the government's refusal to intervene to present – including service on countless bar unanimously inducted in his very first year of Ida B. Wells-Barnett (1862-1931) stop it. This so enraged her enemies that committees and task forces, on the Office of eligibility. Ida B. Wells, the daughter of slaves they burned her presses, and put a price the Appellate Defender, the Jury Project, the Roy’s devotion to the law has been at the born in Holly Springs, Mississippi, went on her head, threatening her life if she Fund for Modern Courts, the Legal Aid very center of his life, along with his lovely on to become a teacher, newspaper editor, returned to the South. She remained in Society, the Judges and Lawyers' Breast family, his four children, 11 grandchildren, journalist, orator, suffragist and anti- exile for almost forty years.” She lived in Cancer Alert, and on and on. He has helped and his wonderful wife, Patricia Hynes, who lynching crusader. In 1884, after she was Chicago and in 1895, she married raise millions of dollars for inner-city is definitely, in every respect, his full partner forcibly removed from her seat for refus- Ferdinand L. Barnett, a fellow crusader Catholic schools through the Archdiocese of as a great leader of the legal profession in her ing to move to a "colored car" on the and well-known attorney, as well as the New York’s Inner-City Scholarship Fund. own right and someone who shares passion- Chesapeake & Ohio, she filed suit against founder of The Conservator newspaper. And he has been an enthusiastic supporter ately in Roy’s lifelong commitment to lead- the railroad for her civil rights. Ms. Wells In 1930, she ran for the Illinois state leg- and pillar of strength for the Historical ership, service and humanitarianism. And won her case in the local circuit court, but islature, one of the first black women ever Society of the Courts of the State of New that commitment is still going strong. Roy’s the railroad company appealed to the to run for public office in the United York – such an important undertaking for our schedule is as daunting as ever. And the sat- Tennessee Supreme Court, which States. courts. isfaction he finds in service remains as sweet Roy Reardon long ago reached the very as ever. pinnacle of his profession, and it has served Roy, for more than five decades you have to deepen his appreciation for God’s bless- embodied the noblest traditions of our great NYCLA Member’s Charity ings and strengthen his determination to legal profession. Tonight, it is my great priv- return those blessings as abundantly as he ilege to recognize your life’s work and pres- can. And what a delightful friend and sup- ent you with the 2009 William Nelson Pitches in Big with Haitian porter he is – gentlemanly, gracious, warm, Cromwell Award. Congratulations! Relief Efforts Lawyers for Public Justice, a member of the Less than 12 hours after the earth began to rumble on the small Caribbean island Food and Drug Administration's (FDA) Women’s History Month where Haiti sits, volunteers and board members at The Clemenza Foundation began Consumer Consortium; a representative of (Continued From Page 10) the End-of-the-Decade Conference on sorting and packaging new clothing, blankets, toiletries, toys, accessories and non- of Norplant and Depo Provera, two long-act- Women, a health advisor to the United perishable food items. Thousands of these items, with a fair market value of approx- ing contraceptives, especially in developing Methodist Church and an integral part of the imately $42,500, were flown to Haiti in the wake of the country’s largest earth- countries. She represents women worldwide first Black Women's Health Conference. quake in a century. “We are just thankful to be able to help,” said Anthony in the breast implant litigation and was suc- Her professional writings, lectures, media Clemenza, NYCLA member and founder and president of The Clemenza cessful in setting up a $25 million fund for appearances and testimonies before Foundation. “It’s heartwarming to see the outpouring of assistance and well wishes the benefit of women outside the United Congressional committees and the FDA from throughout the world in the wake of this terrible disaster. With that in mind, States. She also filed a class action resulting have raised the national consciousness on we ask people to please continue their support, both monetarily and otherwise, in an emergency fund for DES daughters. crucial women's health issues. going forward. Ms. Shainwald has been a pioneer in In 2007, New York Law School presented The Clemenza Foundation (TCF) (www.clemenza.org), a 501(c)(3) non-profit many areas of women’s health, bringing the Ms. Shainwald with its President's Medal for public charity, is dedicated to enriching the lives of ill, impoverished and abused initial cases for the lactation suppressant, her inspiring leadership, unswerving dedica- children in the New York metropolitan area. This is done through a wide variety of Parlodel, and the prenatal diagnostic test, tion to women's legal health needs, and charitable, artistic and educational programs so as to reach the broadest and most chorionic villus sampling. She was instru- superb and innovative legal skills on behalf diverse group of children possible. The Foundation’s most popular program initia- mental in expanding the statute of limita- of the women's health movement. tives include: Dream Makers Incorporated, Retail Donation Partnership Program, tions for latent injuries in New York and Last year recipients of the Edith I. Spivack Inspire the Mind Literacy Program, the Legal Education & Advocacy Coalition, the filed the first case under the Revival and Award were Jessica Neuwirth, president and Tutoring Mentors Project, Tools for School Donation Program and the Artistic Discovery Statute. founder of Equality Now, and Taina Bien- Trinity Initiative. TCF takes pride in its wide-ranging achievements and fiscal Ms. Shainwald has also been an activist in Aimé, executive director of Equality Now, responsibility. The organization pays no salaries whatsoever and keeps overhead to the campaign for education and information an international human rights organization an absolute minimum so that all contributions go toward the children and families dissemination, from Appalachia to Africa. that works to protect and promote the civil, that need them the most. TCF is supported financially by grants and donations from She was: chair of the National Women's political, economic and social rights of Health Network, a founding member of Trial women across the world. individuals and businesses in the region. Member News To Update Your Profile Online: Maria T. Vullo, a partner in the litigation department of Paul, Weiss, Rifkind, Log in: www.nycla.org Wharton & Garrison, LLP, was one of three women honored in January by the username: (first letter of first name + complete last name) National Organization of Italian American Women (NOIAW) at its annual password: (your Member ID number) Epiphany celebration. Instead of the Epiphany tradition of celebrating the three Click on: MEMBERS ONLY wise men, the NOIAW tradition celebrates three wise women, including Ms. Vullo, Update Your Profile who was recognized for her outstanding achievements, positive contributions to her community and position as a role model to the next generation of Italian-American women. County Lawyer Editorial Policy The Editorial Board of New York County Lawyer welcomes the submission of arti- Library Resources cles by members of the legal community for inclusion in this publication. Submissions will be edited and may not be returned to the writer for approval. The The Library provides FREE access and from New York courts Editorial Board reserves the right to make the final decision regarding the suitabili- training for Lexis, Westlaw and -superseded statutes and regulations ty, content and form of all submissions and further reserves the right to incorporate Bloomberg Law for NYCLA members. It (NYCRR). modifications and edits to same, without prior notice to the author or contributor. has a flat-rate contract for patron usage so The Library’s highly trained staff offers Materials accepted for publication are assumed to be original work product and shall there is no charge for your onsite use. onsite and offsite fee-based research and not contain, in whole or in part, any infringing content unless appropriate attribution The Library also has a century’s accu- document delivery services. and consents have been secured by the author or contributor prior to submission to mulation of research materials including: For information or to arrange Library the Editorial Board. Unless otherwise indicated, all views or opinions presented are -over 230,000 books, records and briefs tours, email [email protected]. solely those of the designated author(s) and do not necessarily represent those of the New York County Lawyers’ Association. Material(s) accepted for publication shall appear in print and electronic formats and shall become the property of the To Advertise in New York Association once posted or published and may not be reprinted or otherwise utilized County Lawyer Call (866) 867-9121 by any person or party absent the Editorial Board’s expressed written consent. January/February 2010 / The New York County Lawyer 15 SERVICE DIRECTORY

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The Program report notes, “Professors may conduct role- playing exercises involving simulated ethi- NYCLA’s Task Force on cal dilemmas and discussions, with related Professionalism, in conjunction with readings, and judges and practicing attor- the CLE institute, launched a pilot neys (assisted by bar associations such as mentoring program in January. The NYCLA and the New York State Bar one-year pilot for NYCLA members Association) may present programs on pro- combines formal training with individ- fessionalism.” Moreover, several New On January 19, the CLE Institute hosted a reception to introduce mentors to their mentees. ual access to mentors for consultations York-area law schools – Fordham Among those attending were Mentor Hon. George Bundy Smith (on the left), who is speak- and advice. Twelve seasoned profes- University School of Law’s Stein Center for ing to his mentee, and Lewis F. Tesser (on the right), a member of the Mentorship Advisory sionals representing a broad spectrum Legal Ethics, Hofstra Law School’s Institute Board, speaking with a mentee. of the legal community – corporate, for the Study of Legal Ethics, Benjamin S. formed in 2005 by then-NYCLA President Force will host a public forum to follow up solo and large-firm practitioners as Cardozo Law School’s Jacob Burns Center Norman L. Reimer in the wake of the Enron on the report’s publication and present a well as public sector attorneys – serve for Ethics in the Practice of Law, NYU scandals and against a backdrop of surveys panel discussion with participants of as mentors. They are: Hon. Lois School of Law’s Institute for Law and and anecdotal reports of growing dissatisfac- NYCLA’s pilot mentoring program. Bloom, Eastern District of New York; Society and New York Law School’s Center tion with attorneys both from within and out- Collin D. Bull, Collin D. Bull, Esq.; for Professional Values and Practice – have side of the profession. Reports of lack of To download a copy of the report, visit Hon. Louis Crespo, special referee, academic centers focusing on legal ethics civility, cutting corners and even outright www.nycla.org and go to the “News” sec- New York County Supreme Court; and attorney professionalism. The report knavery were rampant. Some lawyers were tion on NYCLA’s homepage. Hon. Stephen Crane, former associate recommends an expansion and strengthen- said to be struggling with marginal practices justice, Appellate Division, Second ing of the partnerships between law schools or a desire to do public interest law against a Task Force on Professionalism Blog Department, now a JAMS arbitrator; and the practicing bar. mountain of law school and college debt, and The Task Force on Professionalism’s Blog Sylvia E. Di Pietro, Sylvia E. Di The NYCLA Ethics Institute, designed to public esteem for lawyers was declining. seeks to generate a sense of community by Pietro, Esq., LLC; Sara Jo Hamilton, serve the legal community’s need for CLE The Task Force, operating under the aegis offering a forum to voice views and increase Scalise & Hamilton; Robert S. Kelner, programs having a strong ethics component, of the NYCLA Ethics Institute, will nurture awareness of issues that concern legal pro- Kelner & Kelner; Charlotte Lee, launched in the fall of 2008. Under the lead- and monitor NYCLA’s mentoring program fessionals. Find out about the professional- Charlotte Lee, Esq.; Olivera ership of Lewis F. Tesser, the Institute offers and, if the program is a success, expand and ism issues that are being talked about and Medenica, Wahab & Medenica LLC; substantive CLE programs on diverse topics share it with other bar associations and insti- add your thoughts and comments while you Murray Schwartz, Schwartz & Perry, each month, emphasizing how to deal with tutions. The Task Force will continue to are visiting. The Professionalism Blog can LLP; Carol A. Sigmond, Dunnington the ethical questions arising in different study professionalism issues and develop- be accessed from the homepage of Bartholow & Miller LLP; and Hon. practice areas. ments within NYCLA and beyond, monitor NYCLA’s website (www.nycla.org) on the George Bundy Smith, former associ- perceptions among NYCLA members, sug- left-hand side of the page. The ate judge, Court of Appeals and now a Task Force Report’s Methodology partner at Chadbourne & Parke LLP. After surveying existing literature and gest future steps and help NYCLA imple- Professionalism Blog is maintained by Task ment them over time. In the spring, the Task Force Member Madeleine Giansanti Cag. Mentors meet with their mentees in drafting a working definition of professional- person at least once a month and are ism, Task Force members reached out to available for phone and email consul- attorneys, law students and members of the Justice Center Conference Project include an annual high school tations on an as-needed basis. Once a bench. They formulated and distributed ques- essay contest and a speakers bureau coor- quarter, the CLE Institute will host tionnaires to NYCLA members, law schools (Continued From Page 7) dinated by NYCLA’s Law-Related networking and CLE programs, where and New York state judges, and convened after NYCLA published the NYC Youth Education Committee, chaired by Hon. mentors and mentees will have the focus groups and held discussions with judges Law Manual, a resource for students and Richard Lee Price. NYCLA members who opportunity to earn CLE credit and and magistrates from the U.S. District Court, teachers with 23 chapters on topics rang- would like to serve on the committee or learn valuable skills to assist them in SDNY, attorneys at the New York City ing from the attorney-client relationship to speak at schools on legal topics can contact their practice. Members of the pro- Corporation Counsel, associates at large firms internet law and juvenile rights. Other Judge Price at [email protected] or gram’s Advisory Board, which will and solo and small-firm practitioners. components of the Youth Law Education 718-618-3646. oversee the program, are: Hon. Laura The goal was to examine the attitudes and Ward, Acting Justice, Supreme Court, practices of lawyers, judges and law schools New York County; Lewis F. Tesser, in New York City, gauge the extent of the NYCLA’s Centennial Book: Tesser, Ryan and Rochman, LLP and perceived problem and, according to the director, NYCLA Ethics Institute; report, “identify tangible, realizable steps Brethren and Sisters of the Bar Madeleine Giansanti Cag, Gregory P. that an organization such as NYCLA might Brethren and Sisters of the Bar: A Centennial History of the New Joseph Law Offices LLC; Nancy take to... ameliorate the professional lives of Morisseau, Hughes Hubbard & Reed, some lawyers – and by extension, their York County Lawyers’ Association, written by Edwin David Robertson, NYCLA’s 54th president (2006-2007) and a partner at LLP; and Bari Chase, director, adversaries, clients and other participants in NYCLA CLE Institute. The Board has the legal system.” They consulted with the Cadwalader, Wickersham & Taft LLP, has been published by Fordham University Press and NYCLA. The book recounts the created manuals for mentors and Committee on Professionalism and the mentees containing articles, guide- Courts, appointed by then-Chief Judge Association’s rich and engrossing history in its 432 pages, complete with illustrations. It costs $24.95 for NYCLA members and $34.95 lines, case studies, ethics rules and Judith S. Kaye, bar associations and profes- other practical information. The pro- sional commissions across the country. for nonmembers. To order a copy of the book, go to www.nycla.org or purchase a copy at NYCLA’s Library. Theook recounts the Association’s rich and gram is coordinated by NYCLA staff Task Force on Professionalism engrossing history in its 432 pages, complete with illustrations. It costs $24.95 for member Jennifer Arsego, CLE The Task Force on Professionalism was NYCLA members; Institute. 16 January/February 2010 / The New York County Lawyer Picture yourself in front of 27,000 New York lawyers.

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