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COUNTYNEW YORK LAWYER June 2010 Visit us at www.nycla.org Volume 6 / Number 5 NYCLA Inducts Officers and Board Members at INSIDE 18th Annual Lunch With May 27 Annual Meeting a Judge Program NYCLA held its Annual Meeting on May Pg. 2 27, inducting the following officers: James B. Kobak Jr., partner at Hughes Hubbard & Reed LLP, as president; Stewart D. Aaron, Message From Stewart partner at Arnold & Porter LLP and presi- Aaron, President, NYCLA dent of the NYCLA Foundation, as presi- dent elect; Barbara Moses, principal at Foundation Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., as vice president; Pg. 3 Susan J. Walsh, partner at Moskowitz, Book & Walsh, LLP, as secretary; and Gail Donoghue, retired, former special counsel NYCLA Announces to the Corporation Counsel of the City of New York and member of the Law Victories in Court of Department’s Executive Staff, as treasurer. Appeals Rulings The members of the Board inducted were: Scott M. Berman, partner, Friedman Pg. 4 Kaplan Seiler & Adelman LLP; Collin D. NYCLA officers (from left to right): Vice President Barbara Moses, President Elect Stewart Bull, Law Offices of Collin D. Bull; Jeffrey D. Aaron, President James B. Kobak Jr., Treasurer Gail Donoghue and Secretary Susan J. R. Coleman, partner, Hughes Hubbard & Walsh. Meet the Chairs Reed LLP; Sylvia E. Di Pietro, Law Looking Ahead efforts to ensure adequate funding for Offices of Sylvia E. Di Pietro; Hon. Betty In his acceptance speech, Mr. Kobak New York’s indigent defense system, Pg. 8 Weinberg Ellerin, senior counsel, Alston & said, “As part of our strategic plan, we are pledging: Bird and former presiding justice, examining everything about the organiza- I can assure you that NYCLA is not Appellate Division, First Department; tion from top to bottom: our mission and going to sit idly by and allow the Environmental Law Dyan M. Finguerra-DuCharme, counsel, goals and our impact in the community, as inadequate existing situation to get White & Case LLP; Jeffrey M. Kimmel, well as the effectiveness of our communi- worse. We took action on the ques- Committee Wins 2010 partner, Salenger, Sack, Schwartz & cation with our members, the broader com- tion of inadequate rates for assigned Klaus Eppler Award Kimmel, LLP; Stephen C. Lessard, associ- munity and even among ourselves...We are counsel. We filed briefs in the ate, Orrick, Herrington & Sutcliffe LLP; a membership organization and have to Hurrell-Harrell case challenging the Pg. 11 Hon. Joseph Kevin McKay, Acting Justice, demonstrate that we are a resource for systemic inadequacy of indigent Supreme Court, Kings County; Janiece lawyers and judges -- and not just a defense in New York State. Looking TABLE OF Brown Spitzmueller, supervising attorney, resource but an indispensable resource.” ahead, funding for indigent defense New York City Department of Housing Stressing his commitment to maintain is one issue on which NYCLA is CONTENTS Preservation & Development; and Rita W. NYCLA’s advocacy role in public policy never going to stop being feisty. Annual Meeting..................................1 Warner, partner, Warner Partners, P.C. issues, he cited NYCLA’s most recent (See Annual Meeting on page 11) Annual Report ....................................1 MESSAGE FROM ANN B. LESK, PRESIDENT CLE Programs ..................................11 Early Career Attorneys: OF THE NEW YORK COUNTY LAWYERS’ ASSOCIATION Client Development ......................15 Environmental Law Committee Wins Eppler Prize.........................11 Annual Report 2009-2010 Ethics Hotline...................................10 INTRODUCTION This year also saw NYCLA’s Home of Law Events Calendar..................................2 This Annual Report summarizes another year receive a much-needed new roof and related Library Notes....................................10 of achievement for the New York County repairs, so that our landmarked building is now Lunch with a Judge ............................2 Lawyers’ Association early in its second centu- watertight and fit for another 100 years. Meet the Chairs ..................................8 ry. NYCLA has continued to demonstrate the Member News ....................................2 wisdom of its founders, who created a bar asso- THE HOME OF LAW Message from Director of the ciation that was open to all lawyers. Our 10,000 In August 2009, NYCLA’s 79-year-old members bring many perspectives and a wide Home of Law began undergoing major façade CLE Institute...................................5 variety of backgrounds to today’s legal issues. rehabilitation to protect the integrity of the Message from Dan Jordan, This diversity has helped NYCLA to produce building. The first phase of the work entailed Library Director ..............................4 innovative, practical suggestions – many of replacement of the flat and mansard roofs and Message from Stewart D. Aaron, which are mentioned below – to improve our skylights, pointing and crack repair of the rear President of the legal system and to make our courts more façade, and correction of wall movement on the NYCLA Foundation .......................3 accessible to all people. NYCLA has responded to the economic down- Vesey Street façade. We are pleased to report NYCLA Foundation...........................3 This has been another challenging year for turn by increasing its pro bono programs, espe- that the building is once again water and weath- NYCLA Announces Victories in the legal profession. Although financial mar- cially in areas such as consumer credit and fore- er tight. Courts of Appeals Ruling ...............4 closure, and working with other organizations kets rose sharply, unemployment remained The second phase, which includes the instal- Officers’ Profiles ................................9 high, both in general and among lawyers. that are providing assistance to victims of eco- lation of new rear façade windows and storm nomic pressures. At the same time, NYCLA windows on the Vesey Street façade, will begin Recent Events.....................................8 has expanded its assistance to its own members in June and be completed by the end of August. Rule 6.4 of New York Rules of who are suffering from the contraction of the The $2.23 million project will not only pre- Professional Conduct Amended .....3 economy. It has added forums and continuing serve our Cass Gilbert building for the future 2010 Attorneys’ Guide .....................10 legal education programs that are relevant to but will also enable the Association to continue 2010 New York County current developments. (See Annual Report 2009-2010 on page 6) Criminal Courts Manual...............10 2 June 2010 / The New York County Lawyer EVENTS CALENDAR Member News Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. Hon. Pam Jackman Brown, who chairs NYCLA’s Ida B. Wells-Barnett Justice Award Committee and is a member of the Judicial Section and Minorities and the NYCLA Civil Court Practice Section and Law Committee, has been named an Acting Justice of the Supreme Court, Queens June mail to: Civil Court Practice Section County, assigned as a matrimonial judge. Dinner, NYCLA, 14 Vesey Street, New The following NYCLA members have been appointed to the Chief Judge’s CIVIL COURT PRACTICE York, NY 10007 Attorney Emeritus Advisory Council, which, with the support of the Feerick Center SECTION’S ANNUAL AWARDS for Social Justice at Fordham Law School, offers advice on how to maximize pro DINNER MATRIMONIAL LAW SECTION’S bono representation by retired lawyers: Catherine A. Christian, former NYCLA Monday, June 14 ANNUAL COCKTAIL PARTY president; John D. Feerick, former Dean, Fordham Law School and former chair, 6:00-9:00 PM – Reception followed by Tuesday, June 15 NYCLA Justice Center; Kathy Hirata Chin, former Board member; William F. dinner 6:00-8:00 PM Kuntz II, former Board member; and Fern Schair, member, NYCLA Task Force Place: New York Athletic Club – 180 Place: Seaman’s Institute, The Top Deck on Judicial Selection. Central Park South – 241 Water Street (Parking is available Honorees: Hon. Jonathan Lippman, across the street.) Glenn Lau-Kee, a former NYCLA Board member and partner at Kee & Lau-Kee Chief Judge of the State of New York; Honoring the three most recently PLLC, and his father, Norman Lau Kee, have received the George Bundy Smith Hon. Sherry Klein Heitler, Administrative appointed New York County matrimonial Pioneer Award from the Commercial and Federal Litigation Section of the New Judge, First Judicial District; Ernie judges: Hon. Matthew F. Cooper, Hon. York State Bar Association in honor of their outstanding record of public service Belzaguy, Esq.; First Deputy Chief Clerk Ellen B. Gesmer and Hon. Deborah and their dedication to providing New York City’s Chinatown community with (retired), New York City Civil Court, Kaplan. exceptional legal services. Citywide Administration; and Joseph Tickets (includes open bar and hors Barry R. Temkin, chair of NYCLA’s Professional Ethics Committee, member Gebbia, Deputy Chief Clerk (retired), d’oeuvres): Members (as of May 31, of the Futures and Derivatives Committee and counsel to Mound Cotton Wollan & New York City Civil Court, Small Claims 2010): $150; Non-members: $220 Greengrass, recently published an article in Defendant, the journal of the Defense Presentation of Awards: Hon. Fern A. Reception Chair: Charlotte C. Lee Association of New York, Inc., entitled "Open Questions on the Duty to Advise of Fisher, Deputy