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April 2021 Vol The Journal of the Nassau County Bar Association April 2021 www.nassaubar.org Vol. 70, No. 8 Follow us on Facebook NCBA COMMITTEE What it Means to MEETING CALENDAR Page 17 Be an NCBA Member SAVE THE DATE LAWYER ASSISTANCE PROGRAM (LAP) Special Offer for New Members: Join This Spring and Receive up to Monthly Virtual Wellness Groups See page 17 Three Months Free LAW DAY When Members are asked what they Bridge-the-Gap weekend, FREE keep up to date on the newest changes in Advancing the Rule of Law Now feel are the most valuable benefi ts of Committee CLE, and FREE 12 credits practice areas, meet with professionals in Thursday, April 29, 2021 NCBA membership, their answers are of CD/DVD/CLE On-Demand the legal fi eld, or assist the Bar. See page 6 almost always the same. The consensus provided by the Nassau Academy of Law, Members can also showcase is the feeling of connection and the educational arm of the NCBA. CLE their expertise by contributing legal camaraderie they get from their time at On-Demand off ers an online library of articles to the offi cial publication of WHAT’S INSIDE the NCBA. According to Chair of the previously recorded CLE programs for the NCBA, Nassau Lawyer, which is Association Membership Committee, Members to watch at their own pace, at distributed monthly to all Members OCA Releases New Protocols for Virtual Michael DiFalco, “I have never been one their convenience, from the safety and and twice a year to all OCA-registered Bench Trials pg. 3 to join a club, but after just a year or two comfort of their own home or offi ce. attorneys in Nassau County. Members Mental Health Services for Incoming of practice, I began regularly attending Currently, all CLE programs are are encouraged to write articles to NCBA meetings, in particular the Young off ered via Zoom. If a Member is be published in Nassau Lawyer that Legal Professionals pg. 5 Lawyers Committee and Matrimonial unable to attend a live virtual CLE off er valuable insight into their area Taking Advantage of New Uniform Committee. I realized very quickly how program, they can fi nd it in the CLE of practice or speak at one of many Rules: Conferences, Settlements, and valuable it is to simply connect with On-Demand catalogue on the NCBA Academy and Committee seminars. and spend meaningful time with other Looking to elevate your career? Discovery pg. 6 website at www.nassaubar.org. Twelve attorneys to build a practice. Now, some credits of CLE On-Demand are FREE Members can access new job openings Taking Advantage of New of my good friends are people I met at to NCBA members in addition to the Uniform Rules: Papers and Pre-Trial Domus. I look forward to a time soon other free CLE opportunities previously See SPECIAL OFFER, Page 16 Proceedings pg. 7 where we can gather again under one mentioned. roof. The personal connection and The Nassau Academy of Law For NCBA Members Help Is One Email Away: Inside NCBA regular contact through committee will continue to off er a multitude of Notice of COVID-19 Community Task Force pg. 8 meetings is incredibly benefi cial programs, both via Zoom and live Nassau County Bar Association professionally and personally.” format for the coming membership year New Consumer Protections to help members easily fulfi ll their CLE Annual Meeting on Automatically Renewing Keep Ahead of the Curve with CLE On-Demand requirements. If you are not a Member May 11, 2021 • 6:00 p.m. Agreements pg. 9 contact Stephanie Pagano at (516) 747- Domus The Nassau Academy of Law off ers 4070, ext. 1230 or Donna Gerdik ext. BOOK REVIEW: Commercial 150+ engaging and relevant live 1206 in the NCBA Membership offi ce to 15th & West Streets Mineola Litigation in New York State Courts, programs each year, with guest speakers, take advantage of this opportunity. Join NY 11501 Fifth Edition pg. 10 ranging from fellow Members to notable now and receive up to three months free. experts in the legal fi eld thanks to CLE The Tale of Tanya or The Trial of Elevate Your Career Proxy statement will be sent by Director Jennifer Groh and Executive electronic means to the email Patty Hearst pg. 11 Assistant Patti Anderson. In addition to FREE CLE, more than NCBA membership includes FREE 50 substantive and working committees address provided by the Member CLE with dues payment, which means are available to join so that Members can and posted on the Association’s FREE unlimited live CLE, FREE cultivate close relationships and referrals, website. The Annual meeting will OF NOTE con rm the election of NCBA Of cers, Directors, Nominating NCBA Member Benefit—I.D. Card Photo “I just want to commend you all on keeping us stimulated Obtain your photo for Secure Pass Committee members, and Nassau intellectually during this covid nightmare.... you all stepped up to the Academy of Law Of cers. Court ID cards plate and got us organized and feeling still connected, and I want to Only For New Applicants Daniel W. Russo Cost $10 thank you all for that!” —Karen Nielsen Secretary UPCOMING PUBLICATIONS CONFIDENTIAL HELP IS AVAILABLE COMMITTEE MEETINGS TO LAWYERS AND JUDGES alcohol or drug use, depression or Thursday, May 6, 2021 at 12:45 PM other mental health problems Thursday, June 3, 2021 at 12:45 PM Call Lawyer Assistance Program (888)408-6222 OFFICE SUITES IMMEDIATELY AVAILABLE 500 OLD COUNTRY ROAD GARDEN CITY, NY 1,400 - 4,000 SF SUITES BUILDOUTS TO SUIT PRIME OFFICE LOCATION 1 MILE FROM NASSAU COURTS FULL SERVICE OWNER OCCUPIED OUTSIDE AMPLE PARKING HEATED SIDEWALKS IMMACULATELY MAINTAINED ROBERT DELAVALE | (516) 741-7400 ext. 230 | [email protected] Nassau Lawyer April 2021 3 FOCUS: OCA Releases New Protocols for Virtual VIRTUAL BENCH TRIALS Bench Trials body language through a screen. And the power of courts to compel virtual virtual trial in the same manner they of course, technological issues can and trials will surely be litigated in the would if appearing in the courthouse. do arise, disrupting the fl ow of the trial, ensuing months, the Protocols avoids the Recognizing that technical diffi culties as recently seen when one attorney was issue altogether by advising that “best may occur, the Protocols off ers the forced to declare “I am not a cat” during practices recommend having the parties practical recommendation for the a video appearance.2 stipulate to the Virtual Bench Trial” parties, counsel, and witnesses to Lawyers from the second camp are less where there will be no future challenge exchange back-up contact information critical and while not dismissing entirely to the propriety of proceeding virtually.5 with the court. the concerns of their counterparts, adopt The Protocols sets parameters for Matthew F. Didora The Protocols includes a sample a more practical approach and recognize Stipulation and Order for Virtual Bench witness testimony that are intended n February 2021, the State Court that virtual appearances, including trials, Trial Protocols and Procedures that can to replicate the formality and sanctity System published its Virtual Bench allow cases to proceed while courthouses be tailored by each court. of courtroom testimony. Witnesses remain largely inaccessible and are likely should be alone in the room from which Trial Protocols and Procedures guide to Conduct Yourself Accordingly Idemystify the proceedings and present a here to stay even after the coronavirus they are testifying and have no other roadmap for conducting a virtual bench pandemic is a thing of the past. Over Once the virtual bench trial is information available. There should be trial.1 This guide addresses many of the the past year, the pandemic has forced confi rmed, the Protocols reminds all no other computer monitors, screens, concerns expressed by those opposed the courts to transition quickly from participants that the virtual trial is TV screens, cell phones, or electronic to virtual trials while also building upon nearly all in-person operations to nearly “a formal proceeding” to which all devices with the witness. The Protocols the success the court system has had in all virtual. Many argue that these virtual evidentiary rules, the disciplinary rules, make an exception to the prohibition utilizing the Microsoft Teams platform appearances are far more effi cient for the and requirements of civility among against having others present if the for a wide variety of virtual appearances. court, parties, and counsel, eliminating counsel and litigants remain applicable. See PROTOCOLS, Page 20 Recognizing that virtual trials are the need to travel to and from the Being that the virtual trial remains a a new experience for many of the courthouse and wait for your case to formal proceeding, the Protocols directs Matthew F. Didora is be called on the calendar. These same the shareholder of Law stakeholders, the Protocols recommends the participants to wear “proper attire” Offi ce of Matthew F. that courts fi rst select for virtual bench individuals focus on the technological and abstain from eating, drinking, and Didora, P.C., located in trials cases involving a single plaintiff , a advances in videoconferencing that Garden City. He can be smoking during the proceeding. reached at single defendant, and a “modest number can replicate to a large extent the same Some lawyers have grown comfortable [email protected]. of witnesses,” before moving on to experience as being physically present in appearing virtually in casual clothes, more complex and lengthy trials. This the courtroom. leaving their formal attire hanging in is the same way many litigators learned Getting Everyone on Board the closet.
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