New York County Lawyers Association
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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