March 2008 Visit us at www.nycla.org Volume 4 / Number 2

Women’s Rights Committee: INSIDE GERALDINE FERRARO A bellwether in the advocacy of women’s rights TO RECEIVE EDITH I. SPIVACK AWARD

3

MESSAGE FROM THE PRESIDENT Catherine A. Christian

Several members of the Women’s Rights Committee pose with PROJECT RESTORE their chair, Edith I. Spivack (second from left), in a photo taken in In the fall of 2006, the Women’s Rights Committee and Gender the 1970s. Pictured are: Annette Elstein (first person on left), Fairness Committee of the New York County Supreme Court, Elizabeth Holtzman, then member of the U.S. House of Criminal Term, hosted a public forum examining the experiences 5 Representatives (third from the right), Rosalind S. Fink (second of women jurists and lawyers. Forum participants were (seated, from the right) and Peggy McDowell ((far right). from left to right): Hon. Dianne Renwick, Justice of the Supreme Court, Bronx County; Hon. Angela M. Mazzarelli, Associate Justice, MEMBER PROFILE n 1973, the Supreme Court made a landmark decision regarding Appellate Division, First Department, who served as moderator; Karen Freedman I abortion in Roe v. Wade when it struck down many state laws and Professor Penelope Andrews, CUNY School of Law. Standing restricting abortion in the U.S. That same year, NYCLA (from left to right) were: Marcia J. Goffin and Hon. Eileen A. President Wilbur Friedman appointed Edith I. Spivack chair of a Rakower, co-chairs of the Women’s Rights Committee; Hon. newly created Special Committee on Women’s Rights. The Bonnie G. Wittner, Judge, Criminal Court of New York City, and Committee soon became a standing committee and has been Chair, Gender Fairness Committee; and Ruth Cowan, Senior highly regarded since that time for its advocacy of equal rights Scholar, Women and Politics Institute, American University’s under the law for women. School of Public Affairs. During the lively question-and-answer Under Ms. Spivack’s leadership, the Women’s Rights Committee session, the women shared their personal and professional experi- 6 (WRC) examined and issued reports on: protective legislation for ences. They all agreed that they had had strong women role women in industry, underrepresentation of women employees in the models while they were growing up and mentors – both men and court system, disparity in estate law, tax relief for working parents, women – who have supported them throughout their careers. child care, maternity benefits and practices, civic discrimination and equal rights, and women’s property rights. committee from 1981 to 1984. Rosalind S. Fink, Of Counsel, Brill & Meisel, NYCLA’s first When asked why she decided to join NYCLA, Kay Murray said, woman president (1997-1998) and one of the first members of the “Because my husband had been a member of the Executive PRO BONO WRC, reminisced. “Edith guided each of us with wisdom, common Committee of what is now the New York City Bar Association, I sense and a unique generosity of time and spirit. Our committee’s preferred to join an association in which I could establish a name OPPORTUNITIES first luncheon forum,” she recalled, “featured Ruth Bader for myself. In addition, at that time I was an associate in a Wall EXPANDED Ginsburg, then a professor at Columbia Law School, speaking on Street law firm and it was more convenient for me to leave my by Malvina Nathanson Gender and the Constitution.” Ms. Fink also served as chair of the office to attend meetings at NYCLA for a couple of hours and then walk back to the firm rather than make the trip to midtown. Although I was over 40 years old, I was a very junior lawyer and 6 appreciated the welcome I received when I joined the WRC and SAVE THE DATE throughout the nine years I served on the Committee.” “The Committee,” explained Kay Murray (who chaired the CENTENNIAL PAGE WRC from 1984-1986), “provided me with an opportunity to In Honor of Women’s develop skills that greatly benefited my service on other commit- History Month: tees and boards on which I have served since then. These included Dorothy Kenyon tasks not taught in law school, such as taking accurate and concise minutes, delegating assignments and following up to ensure com- pletion of the task, steering discussion to a consensus and matching the abilities of members with tasks that needed to be done.” 11 According to Barbara T. Rochman, former president of NOW- The New York County Lawyers’ Association’s Annual NYC who served as WRC chair from 1990 to 1993, Ms. Fink Meeting will take place on Thursday, May 22, 2008 begin- recruited her to join NYCLA. In 1987, Ms. Rochman chaired a ning at 5:30 PM at St. Paul’s Chapel, across the street from WRC subcommittee that issued a three-part report, the Home of Law. Implementation of the Report of the New York Task Force on This Annual Meeting will celebrate the Centennial Year of the Women in the Courts. Lynn Kelly, who worked at The Legal Aid New York County Lawyers’ Association. Following the meeting, Society, chaired the committee at the time. “The WRC report,” Ms. a reception will take place at the Home of Law. Rochman explained, “analyzed the participation of women in See WOMENS RIGHTS, Page 14 GROW YOUR 401(k) WISELY

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For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak to a Program consultant, call 1-877-947-2272, or visit www.abaretirement.com or write ABA Retirement Funds P.O. Box 5142 • Boston, MA 02206- 5142 • [email protected]. Be sure to read the Prospectus carefully before you invest or send money. The Program is available through the New York County Lawyers Association as a member benefit. However, this does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 11/2007 March 2008 / New York County Lawyer 3 Geraldine Ferraro to receive Edith I. Spivack Award on March 17 CENTENNIAL On Monday, March 17, as part of the Institutions Subcommittee and 2006 recip- Association’s Women’s History Month cele- ient of the award. The topic of Ms. Ferraro’s CALENDAR OF EVENTS bration, NYCLA’s 11th Annual Edith I. speech will be women in politics. Events are subject to change; please check the Association’s website, Spivack Award will be presented to In honor of Ms. Spivack, the NYCLA www.nycla.org, for schedule changes and additions. Geraldine A. Ferraro, an attorney, Foundation established the Edith I. Spivack MARCH AUTHOR OF BELVA LOCKWOOD: THE Democratic politician, former member of Fund for Women in Law and Society in CENTENNIAL CELEBRATION EVENT: WOMAN WHO WOULD BE PRESIDENT the U.S. House of 2005 to support programs for women and JUDICIAL RECEPTION Wednesday, April 16 Representatives and celebrate the achievements of women, both Thursday, March 6 6:00 PM businesswoman, at a in the profession and in the larger society. 6:00-7:30 PM Place: NYCLA Home of Law – 14 Vesey Street reception at the Tax-deductible donations to the Fund can Place: NYCLA Home of Law – 14 Vesey Street FREE Reading and book signing. NYCLA Home of Law be made in memory of Ms. Spivack and FREE: By invitation and for members only at 6:00 PM. Most should be made payable to the “NYCLA The reception recognizes Newly Elected, (For more information, please refer to the article on this page.) notably, Ms. Ferraro is Foundation – Spivack Fund” and sent to Appointed, Re-Elected and Re-Appointed the first and only Marilyn J. Flood, Esq., Executive Director Judges of the New York State Court of Appeals and the First Judicial District. Special CENTENNIAL CELEBRATION EVENT: woman to date to repre- of the NYCLA Foundation, 14 Vesey Presentation to Hon. Ann T. Pfau, Chief NANETTE DEMBITZ LECTURE sent a major U.S. polit- Street, New York, NY 10007. Administrative Judge of All New York State Thursday, April 17 ical party as a candidate For more information about Ms. Geraldine A. Courts. 6:00 PM for Vice President (in Spivack, please refer to the article, RSVP: [email protected] and write ‘Judicial Place: NYCLA Home of Law – 14 Vesey Street the 1984 election). The Ferraro Remembrance of Things Past, by Rosalind Reception 2008’ in Subject line. FREE award will be presented S. Fink, former NYCLA president and The lecture topic will be the effects of ASFA and New York’s permanency legislation on the by Hon. Carolyn B. Maloney, U.S. mentee of Ms. Spivack, on page 11. CENTENNIAL CELEBRATION EVENT IN Congresswoman, member of the Joint To rsvp to the event, please email vfeli- HONOR OF WOMEN’S HISTORY Family Court. (More information will appear in the April issue.) Economic Committee, chair of the House [email protected] and write ‘March 17 MONTH: EDITH I. SPIVACK AWARD Financial Services Committee’s Financial event’ in Subject line. RECEPTION RSVP: [email protected] and write “April 17 Monday, March 17 event’ in Subject line. 6:00 PM Place: NYCLA Home of Law – 14 Vesey Street CENTENNIAL CELEBRATION EVENT: NYCLA to host book-signing reception: FREE: By invitation and for members only NATIONAL ASSOCIATION OF CRIM- Honoree: Geraldine A. Ferraro, attorney, INAL DEFENSE LAWYERS PUBLIC Belva Lockwood: The Woman Democratic politician and former member of HEARING – PROBLEM-SOLVING the U.S. House of Representatives, is best COURT TASK FORCE known as the first and only woman to date to Tuesday, April 30 and Wednesday, May 1 Who Would Be President represent a major U.S. political party as a can- 9:00-5:00 PM On Wednesday, April 16 at 6:00 PM, the Supreme Court had upheld a lower didate for Vice President (in the 1984 election). Place: NYCLA Home of Law – 14 Vesey Street NYCLA is hosting a book-signing recep- court’s ruling in Bradwell v. Illinois that Ms. Ferraro was later appointed as ambassador FREE Sponsor: Criminal Justice Section and Civil tion for the biography Belva Lockwood: the Illinois bar could refuse to admit Myra to the United Nations’ Human Rights The Woman Who Would Be President by Bradwell, a Chicago attorney who prac- Committee and is currently a businesswoman. Rights Committee Award Presenter: Hon. Carolyn B. Maloney, (More information will appear in the April Jill Norgren, professor emeritus of govern- ticed law with her husband, both of whom U.S. Congresswoman issue.) ment at John Jay College of Criminal were active campaigners for women’s suf- RSVP: [email protected] and write ‘March Justice and the Graduate Center of the frage. The doctrine on which the Supreme 17 event’ in Subject line. MAY City University of New York. The book Court had based its ruling was one that CENTENNIAL CELEBRATION EVENT: (For more information, please refer to the chronicles the life of Ms. Lockwood (1830- had been in place throughout most of the article on this page.) THE FINANCIAL CONSEQUENCES OF CRIMINAL CONVICTIONS - NEW FEES 1917), who made history as a candidate for 1800s. The doctrine, ‘coverture,’ was an the U.S. presidency in 1884 and 1888. She English common-law tradition stipulating CENTENNIAL CELEBRATION EVENT: AND FINES IN NEW YORK’S CRIMINAL REAL ESTATE AND TAXATION ISSUES JUSTICE SYSTEM ran for president on the slate of the Equal that a married woman and her husband OF ESTATE PLANNING Thursday, May 15 Rights Party. She campaigned on such were one person and that person was the Monday, March 24 6:00 PM issues as high tariffs on foreign manufac- husband. Under ‘coverture,’ married Place: NYCLA Home of Law – 14 Vesey Street 6:00 PM tured goods, currency reform, temperance women were considered civilly dead. Place: NYCLA Home of Law – 14 Vesey Street FREE Speakers (list in formation): Glenn Martin, and a foreign policy geared to interna- Ms. Lockwood, who graduated from FREE tional arbitration. National University Sponsors: Real Property and Estates & Trusts Associate Vice President of Policy and Sections, and Elder Law and Taxation Committees Advocacy for the Fortune Society; Alan Law School, was Speaker: Martin M. Shenkman, Esq., Partner, Rosenthal, Executive Director of the Center Belva A. B. Lockwood one of the founders Martin M. Shenkman, P.C., for Community Alternatives; and Michael Belva A. B. Lockwood was a lawyer, of both the Equal Mr. Shenkman, who has written 32 books on Yavinsky, Chief Court Attorney of the Criminal suffragist, pacifist and feminist. In 1879, she Rights Party and taxation, estate planning and related topics, Court of the City of New York and Co-Chair of the NYCLA Criminal Justice Section successfully rallied Congress and won the Washington, D.C.’s will discuss: real estate investments held in right for women lawyers to practice before first suffrage group, trusts and estates, problems with life estates, Moderator: David Udell, Director of the recent IRS ruling about passive loss rules when Justice Program, Brennan Center for Justice the Supreme Court. A few weeks after the the Universal real estate is owned by a trust, presentation of The financial penalties imposed, directly or bill passed, Ms. Lockwood herself Franchise an illustrative estate plan to transfer large real indirectly, as a result of a criminal conviction appeared before the Supreme Court and Association. In estate holdings to children, miscellaneous are among the least considered of the collat- became the first woman admitted to prac- eral consequences. Local and state govern- See BOOK estate drafting and planning considerations for tice there. Interestingly, six years earlier, real estate assets, and religious issues clients ments, as well as the federal government, SIGNING, Page 14 have in real estate transactions. impose a vast array of fines, fees, costs, penal- RSVP: [email protected] and write ‘March 24 ties, surcharges, forfeitures, assessments, reim- event’ in Subject line. bursements and restitutions against people convicted of criminal offenses. Panelists will TABLE OF CONTENTS CENTENNIAL CELEBRATION EVENT: debate the new legal financial obligations – HUMAN TRAFFICKING AND MODERN their consequences for individuals, significance Centennial Calendar of Events…3 Members in the News…6 DAY SLAVERY ISSUES to the courts and society and the practical Centennial Page...11 Message from the CLE Director…8 Monday, March 31 opportunities for their possible reform. Women’s History Month: Dorothy Message from the NYCLA Foundation 5:30-7:00 PM Sponsors: Criminal Justice Section, NYCLA Justice Center, and Civil Rights Committee Kenyon President…4 Place: Manhattan Criminal Court, 100 Centre Remembrance of Things Past Message from the President…5 Street, Room 535 CLE Programs...15 New Museum Opens…12 FREE CENTENNIAL CELEBRATION EVENT: Sponsors: NYCLA, Gender Fairness NYCLA’S ANNUAL MEETING CLE Tech Programs...9 NYCLA to Host Book-Signing Committee of the Criminal Court of the City Thursday, May 22 Ethics Hotline…8 Reception…3 of New York - New York County, New York 5:30 PM Events in Lower Manhattan…12 Past Events…10 Place: Ceremony at St. Paul’s Chapel (across Women’s Bar Association Gender Fairness Committee Presents Practice of Law Series...13 Presenters: Gabriela Villareal, Anti-Trafficking the street from NYCLA); Reception at NYCLA Home of Law – 14 Vesey Street Program on Human Trafficking...17 Pro Bono Opportunities Expanded…6 Program, Safe Horizon, and Sapna Patel, Esq., Geraldine Ferraro to Receive Edith I. Public Policy Developments…6 Sex Workers Project, Urban Justice Center FREE RSVP: Robert West at A presentation of the President’s Annual Spivack Award…3 Remembrance of Things Past…11 [email protected] or 646-386-4700. Report and the Treasurer’s Report and the Isn’t it Time to Revisit Insurance Save the Date: NYCLA’s Annual (For more information about this event, please induction of NYCLA officers and directors. Disclosure in New York?…9 Meeting...1 NYCLA officers to be inducted include: Ann refer to page 17.) Lower Manhattan Events…12 Spotlight on Litigation…8 B. Lesk as President and James B. Kobak Jr. as President Elect. Meet and Greet Reception...4 Message from CLE Director APRIL Meet the Chairs…7 Tips on Jury Selection CENTENNIAL CELEBRATION EVENT: (More information will appear in the April BOOK SIGNING WITH JILL NORGREN, issue.) Member Benefits…4, 7 31st Annual Civil Trial Practice Institute Member Profile…6 Women’s Rights Committee…1 4 March 2008 / New York County Lawyer

A MESSAGE FROM THE PRESIDENT OF THE NYCLA FOUNDATION James B. Kobak Jr. I want to remind all of our Street – is where many NYCLA activi- therefore ultimately, its programs and our capital and endowment needs. Also, readers that the Centennial ties occur and where, for example, services, will be improved. NYCLA is foregoing any dues increase Capital Campaign is in full swing. Thurgood Marshall did some of the And, of course, aside from the for 2008 in honor of the Centennial. A number of you responded research that preceded Brown v. Board building, endowment funds continue to Anyone contributing $100 will receive a almost immediately, and gener- of Education. This 78-year-old Home of be as necessary as ever to support and Centennial DVD about NYCLA and ously, and contributed nearly Law needs maintenance and repair and enrich NYCLA’s programming and ser- will be a Centennial Member of the $25,000 within a few weeks of a judicious overhauling to meet the vices for lawyers and the public. Campaign. Those who give at higher receipt of the appeal letter needs of modern lawyers. The NYCLA Through the Centennial Capital levels will be eligible for other special reprinted below. The Foundation Foundation commissioned a thorough Campaign, launched in May 2005, we gifts commemorating the Centennial, has now raised over $1,500,000 architectural study, which has led to a have approached major law firms, foun- which include an engraved Tiffany from all sources for its campaign basic plan for major work on both the dations and governmental sources and crystal Windham box, a special limited- and is approaching many poten- exterior and interior of the building. At have raised almost $1,500,000 already. edition Centennial print and an auto- tial donors. But NYCLA’s needs a bare minimum, the cost of this neces- But to do what needs to be done, we need graphed copy of Brethren and Sisters of and mission are as critical as ever sary effort is in the range of $5,000,000 the support of every one of our members. the Bar: A Centennial History of the New and we need the support of ALL to $8,000,000 to be incurred over the Because the need is so critical, we are York County Lawyers’ Association,an our members. A sincere thank next several years. This work simply asking every NYCLA member to partic- engaging and informative book written you to everyone who has donated must be done and cannot be deferred ipate at some level in our Centennial by Edwin David Robertson, NYCLA’s so far and a call to everyone else any longer. Once it is done, the building Capital Campaign.This Campaign super- Immediate Past President. to review the letter and levels of should be sound for many years into the sedes our Annual Appeal for 2008 so I hope you will carefully consider the giving reproduced below and future, and NYCLA’s facilities, and that we can concentrate our attention on contribution levels described below, contribute what you can to sup- along with the gifts the NYCLA port NYCLA’s future. Foundation will provide, and be as gen- CONTRIBUTION LEVEL erous as possible. Contributions of Dear Friend: Contribution Designation NYCLA Foundation Gift/Recognition $1,000 or more may be pledged over two Founded in 1908, NYCLA is cele- $100 Centennial Member NYCLA Centennial DVD years. Contributions at the levels of brating its Centennial year with myriad $250 Centennial Friend Autographed Centennial Book $5,000 carry permanent recognition and programs, fora and receptions – some $500 Centennial Partner Limited Edition Print naming opportunities are available for looking back at its vibrant heritage and $1,000 Centennial Fellow Autographed Centennial Book and donations of $15,000 or more. others looking forward to the future of Limited Edition Print Donors to the Centennial Capital NYCLA and the profession. I hope you $2,500 Centennial Supporter Autographed Centennial Book, Limited Campaign can send their contributions will take part in these activities. At the Edition Print and Recognition on (made payable to the NYCLA Foundation) to the NYCLA Foundation, same time, the NYCLA Foundation has Plaque at the Home of Law 14 Vesey Street, New York, NY 10007 or embarked on a NYCLA Centennial $5,000 Centennial Patron Autographed Centennial Book, make their contributions online by log- Capital Campaign and I hope you will Framed Limited Edition Print, Tiffany participate in that effort as well. Support ging on to www.nycla.org and clicking on Crystal Windham Box and Recognition by all our members is critical to main- NYCLA Foundation and then on Online on Plaque at the Home of Law taining a Home of Law for all lawyers in Giving. New York ? in both a metaphorical and $15,000 Centennial Leader All Centennial Patron Gifts and literal bricks-and-mortar sense. Recognition, Plus a Naming Sincerely, NYCLA’s Home of Law – its land- Opportunity at the Home of Law James B. Kobak Jr. mark Cass Gilbert building at 14 Vesey President, NYCLA Foundation

TAKE YOUR FAMILY TO THE CIRCUS - SAVE $20.00* The Ringling Bros. and Barnum & Bailey Circus Saturday, March 22 – 11:00 AM Tickets are $19.50 (regularly self-addressed, stamped envelope $24.50). *Family of four saves to: NYCLA, Circus, 14 Vesey $20. Street, New York, NY 10007. Seats are limited and Tickets can also be picked available on a first-come, up at NYCLA (between first-served basis. Broadway and Church Please call first to Street). assure that tickets are For more information, call available. Make checks Cindy Fragliossi at 212-267- payable to NYCLA or pay by 6646, ext. 209 or email credit card. Send payment and a [email protected].

New member benefit - Best Buy for Business NYCLA members are now eli- gible to enroll in a Best Buy for Business group discount program. Prices are determined on an item-by- item basis and based on a percentage over the store’s cost, NOT a discount off the store’s published price. To take advantage of the NYCLA dis- placed between 8:00AM-5:00PM, count, please go to www.nycla.org, Monday through Friday EST with log in and click on Benefits in the the Account Executive or you can Members-Only section, then click on order online 24 hours a day, 7 days a Leisure & Retail Discounts in the week once you have established an dropdown menu. Orders can be account. March 2008 / New York County Lawyer 5

A MESSAGE FROM THE PRESIDENT Catherine A. Christian

New York County Lawyers’ Association 14 Vesey Street New York, NY 10007-2992. Phone: (212) 267-6646

PROJECT RESTORE Fax: (212) 406-9252

It has been well documented that ex-offenders discovered after they licensure as a hair stylist. Catherine A. the majority of offenders who are re- were convicted or completed their In December 2007, the NYCLA Christian arrested for crimes are unemployed sentences was that they still have to Board of Directors approved the President at the time of their re-arrest. The suffer the consequences of their Civil Rights Committee’s“ proposal absence of gainful employment has convictions. There is the formerly for a new pro bono program Sophia J been shown to be the most apparent incarcerated offender who received directed at helping these ex- Gianacoplos cause of recidivism. To help combat training in barbering but was offenders in their efforts at rehabil- Executive Director this problem, two New York City dis- unable to obtain a license in his itation. The program is called Mariana Hogan trict attorneys are Project Restore Chair, Newsletter spearheading pro- and its mission is to Editorial Board grams to assist provide pro bono offenders success- An employment license restores an counsel to appli- Marilyn J. Flood Counsel to NYCLA fully re-enter ex-offender to society’s labor market cants who have society and avoid been denied Executive Director of with viable credentials. It is a the NYCLA Foundation recidivism. Since licenses as a result 1999, Kings motivating achievement and act of an adjudicated Anita Aboulafia County District of defiance against recidivism. criminal history Editor Attorney Charles that predates the Director of Communications Hynes’s office has Collin D. Bull, Esq. employment run a program called Chair, NYCLA’s Civil license application. Jobs Nicole Pierski “Community and Law Rights Committee requiring licenses include: Communications Assistant Enforcement Resources barbers, cosmetologists, pet Long Island Business News Together” (ComALERT).“ groomers and telemarketers. Account Executives ComALERT aids ex-offenders by trade because of his prior convic- In addition to licenses, these jobs Renee Stuto providing them with transitional tion. There is also the graduate stu- require a background check by both 631-913-4262 housing, educational assistance, coun- dent unable to obtain a professional the New York State Division of Pat Kunder seling and permanent job placement license because of a regrettable Criminal Justice Services and 631-913-4227 assistance. The program was created youthful mistake. Federal Bureau of Investigation. Copyright © 2007 New York by former Kings County Assistant Collin Bull, Chair of NYCLA’s Some of the organizations that will County Lawyers’ Association. District Attorney Patricia L. Gatling, Civil Rights Committee, recently refer their clients to Project Restore All rights reserved. New York County Lawyers’ Association New York City’s Commissioner of stated that the “perpetual punish- are the: Community Service Society grants permission for articles and other material herein or portions Human Rights. Then, in February, ment of people who have paid their of New York, Fortune Society, thereof to be reproduced and New York District Attorney Robert debt to society is a civil rights ICARE (Interfaith Coalition of distributed for educational or professional use through direct M. Morgenthau announced that his issue.” In July 2007, his committee Advocates for Reentry and contact with clients, prospective clients, professional colleagues office had begun the “Fair Chance sponsored a public hearing with Employment), the National and students provided that such Initiative,” an effort to assist recently three New York State Assembly H.I.R.E. Network (Helping use shall not involve any matter for which payment (other than released offenders adjust to life out- Committees titled Individuals with crim- legal fees or tuition) is made side of prison. As part of the “Fair “Formerly Incarcerated inal records Re-enter and provided further that all reproductions include the name Chance Initiative,” the District Individuals Barriers to through Employment) of the author of the article, the copyright notice(s) included in Attorney’s Office will work with the Employment, and Women’s Prison the original publication, and a New York State Division of Parole Opportunities and Association. The pro- notice indicating the name and date of the Association publica- and many re-entry providers to Affordable Housing.” gram will begin this tion from which the reprint is made. Subscription rate: $10.00 address the major issues confronting Among the 19 wit- spring and furthers per year for non-members ex-offenders, which include the avail- nesses who testified at NYCLA’s commit- ability of programs offering sub- the hearing were ex- ment to lessening the New York County Lawyer is published monthly (except stance abuse treatment and job offenders and repre- collateral conse- January and August) for $10 training, as well as the critical need sentatives of private quences of criminal per year by New York County Lawyers’ Association, 14 Vesey for housing. organizations and gov- convictions. Street, New York, NY 10007. The New York County Lawyers’ ernment agencies such Periodicals postage paid is mailed at New York, NY and additional Association has long been com- as the Fortune Society, Editor’s note: For fur- mailing offices. POSTMASTER: mitted to addressing other barriers The Doe Fund, and ther information about Send address changes to: New to successful re-entry, namely, the New York City’s Human Resources Project Restore or other pro bono York County Lawyer, 14 Vesey Street, New York, NY 10007-2992. collateral consequences of criminal Administration and Department of projects, call Lois Davis, Director of USPS #022-995 convictions. One of the most Social Services. One witness testi- Pro Bono Programs, at 212-267- ISSN: 1558-5786 common collateral consequence fied that after serving his sentence, 6646, ext. 217 or email $10.00 of membership dues and a significant barrier to he obtained an undergraduate and [email protected]. Volunteer lawyers is deducted for a one-year obtaining sustainable employment law degree. However, despite this must be NYCLA members in good subscription to the New York is the discretionary denial of clear demonstration of rehabilita- standing and meet additional County Lawyer. licenses based solely on prior con- tion, his application for a Notary requirements specific to each pro- Photo Credits: victions. We have all read about ex- Public’s license was denied because ject. MCLE credits will be awarded Anita Aboulafia offenders who have been thwarted of his prior criminal history. The to those participants who complete Cindy Fragliossi in their efforts to start a new life most common application denial is the project requirements. Erik Freeland because of their past. What these that of an ex-offender who seeks Carolyn Kubitschek 6 March 2008 / New York County Lawyer

MEMBER PROFILE Pro bono opportunities expanded Name: Karen Freedman by Malvina Nathanson, Esq. “an initial consultation, representa- Residence: Rockland County, New York tion or appearance” means an initial Status: Executive Director, Lawyers For A new disciplinary rule adopted consultation or a representation or Children, Inc. by the Appellate Divisions is an appearance, or an initial consulta- Admitted to the Bar: 1981 intended to make it easier for attor- tion, an initial representation or an Education: Wesleyan University, B.A., neys to render pro bono service. The initial appearance. Further, the con- Religion/Sociology, Summa Cum Laude; New rule, which permits attorneys to pro- cept of representation, whether ini- York University School of Law, J.D., Root- vide “short-term limited” represen- tial or not, is undefined and unclear. Tilden Scholar, Hays Civil Liberties Fellow tation under certain circumstances, Finally, the implication is that “short- Practice Area: Youth Advocacy means that a volunteer attorney will term limited legal services” do not no longer have to commit to “soup- include more than one court appear- NYCLA Member Since 1999 to-nuts” representation of an eligible ance, representation or consultation. client. This will obviously create difficulties The rule (22 N.Y.C.R.R. § 1200.20- with court appearances. It is not so Q: What brought you to NYCLA? a [DR 5-101-1]) defines “short-term easy to withdraw from a case and A: I consider myself a latecomer to NYCLA. I have spent most of my limited legal services” as there is no indication that career involved with the “other” New York bar associations. My services “with no expecta- the rule will be binding on involvement with the New York State Bar Association’s Committee on tion that the assistance will courts, requiring them to Children and the Law and City Bar’s Council on Children is ongoing. continue beyond what is permit “initial appearance My colleagues in the field of children’s rights and youth advocacy con- necessary to complete an only” appearances. The vinced me to join NYCLA. I am certain that it is no coincidence that initial consultation, repre- only clear aspect of the rule the attorneys whom I look to for advice, information and support are sentation or court appear- is that it permits attorneys active NYCLA members and I look forward to working with them at ance.” It applies to (1) to limit their representation NYCLA in the future. programs sponsored by a of a client to providing court, government agency, advice, referrals, etc. during bar association or not-for- Malvina a consultation and to that Q: What do you enjoy most about your field of practice? profit legal services organi- Nathanson extent the rule is salutary, A: I have found that attorneys representing children are, as a group, some zation, (2) under which enabling attorneys unable of the most dedicated, optimistic and professionally satisfied individuals neither the client nor the attorney or unwilling to commit themselves to that I know. Coming to work every day and sharing my professional life has an expectation of continuing rep- the duration of a case to provide pro with attorneys, social workers and support staff who are all united by their resentation, and (3) the client signs bono services. It is to be hoped that dedication to improving the lives of children are both motivating and grat- an informed consent to the limited the ambiguities will soon be clarified ifying. As one of the founders of Lawyers For Children (LFC), I have the scope of the representation. A by the Appellate Divisions. privilege of looking back on close to 25 years of assisting many of LFC’s lawyer with actual knowledge of a NYCLA encourages its members young clients overcome enormous adversity and watching our young conflict of interest – either the to consider giving their professional clients inspire those around them in the process. I am often asked how I can attorney’s own conflict or that of expertise and time to one or more of another lawyer in the same firm – at the Association’s worthy pro bono continue representing children in abuse, neglect, foster care, termination of the time the representation begins projects. Here is a list of NYCLA’s parental rights and high-conflict custody cases without becoming com- must comply with §§ 1200.20 (DR 5- current pro bono projects: pletely overwhelmed. There is no question in my mind that what makes this 101), 1200.24 (DR 5-105) and 1200.27 ongoing commitment possible is the people with whom I work and the chil- (DR 5-108) (concerning conflicts of Project Restore dren whom we serve. Helping young people achieve the positive changes interest stemming from a lawyer’s Manhattan CLARO (Civil Legal they seek in their lives can sustain any attorney through the excruciating own interests, simultaneous repre- Advice and Resource Office) process of navigating an embattled child welfare system. At LFC, the sentation and former clients, respec- Article 81 Guardianship Project opportunity to provide both individual advocacy and engage in systemic tively). Otherwise, the disciplinary Elder Law Project reform is the energizing combination that keeps us going. rules concerning conflicts stemming Legal Counseling Project from simultaneous representation or Uncontested Divorce Project a former client do not apply. In other words, it is not necessary to check if a For further information about these partner has a conflict as long as you pro bono projects, go to do not know about it at the time of www.nycla.org and click on Pro MEMBERS IN THE NEWS the representation. The section Bono Opportunities or contact Lois excusing compliance with the conflict Davis, Director of Pro Bono To spotlight members who appear NYCLA’s two newest pro bono rules does not apply where the court Programs, at 212-267-6646, ext. 217 in the media, the New York County programs, Project Restore and determines or the lawyer discovers or [email protected]. Lawyer is launching this column. Manhattan CLARO.. during the representation that there When you are quoted in the media, is a conflict of interest precluding Ms. Nathanson, a solo practitioner in please forward the information to Carol A. Sigmond, Board member representation. New York City, is a member of Anita Aboulafia, Communications and chair of the Construction Law Unfortunately, the rule is NYCLA’s Professional Ethics Director, at [email protected] Committee, wrote a book review in ambiguous. It is not clear whether Committee. for inclusion. the January 2008 issue of the Federal Bar Journal on Broken Eugene Nathanson, Board Buildings, Busted Budgets: How to member, was quoted in the Fix America’s Trillion-Dollar November 21, 2007 issue of the Construction Industry, by Barry B. online publication, Judicial LePatner. PUBLIC POLICY DEVELOPMENTS Reports, on the topic of discovery NEW YORK, NY – DECEMBER National Conference of practices in criminal cases. Olivera Medenica, chair of the 28, 2007 – NEW YORK, NY – Commissioners on Uniform State Entertainment, Media, NYCLA’s Family Court and Child Laws (NCCUSL), which would Michael Yavinsky, co-chair of the Intellectual Property and Sports Welfare Committee produced a eliminate the mandate of client- Criminal Justice Section, was Law Section, and Clifford A. booklet for lay people, Custody and centered confidentiality and take quoted in the November 2007 issue Meirowitz and Thomas J. Visitation in Family Court, which from the child-client the right to of Gotham Gazette, an online pub- Pellegrino, chair of the Elder will be distributed in Family Courts define the representation and give lication, about recently passed leg- Law Committee, were featured in throughout New York City. that decision to the court. On islation requiring tougher penalties the January 11, 2008 issue of the February 11, 2008, the NCCUSL for drunken drivers. New York Law Journal about NEW YORK, NY - FEBRUARY 6, withdrew the Act from the ABA small-firm practitioners. 2008 – NYCLA’s Family Court and House of Delegates meeting. Collin D. Bull, chair of the Civil Child Welfare Committee wrote a Rights Committee; Lisa E. Anthony L. Soudatt, Board letter to the ABA Section on To read statements, reports, Cleary, chair of the Pro Bono member, and Natalie Sulimani co- Litigation in support of the amicus briefs, letters and other Committee; and Dora Galacatos authored an article that appeared Section’s opposition to the Uniform documents related to NYCLA’s were featured in an article in the in the February 4, 2008 issue of the Representation of Children in public policy initiatives, log on to December 28, 2007 issue of the New York Law Journal’s special Abuse, Neglect and Custody www.nycla.org and click on News New York Law Journal about section, Law & Technology. Proceedings Act, proposed by the and Publications. March 2008 / New York County Lawyer 7 Meet the Chairs FREE Program for NYCLA Members by Nicole Pierski Solo and Small Firm Practice Committee Co- Chair from 2002-2007. He was a delegate to Deconstructing the Bar Exam We are continuing our series of pro- the New York State Bar Association House of Wednesday, March 26, 2008 - 6:00 PM filing newly appointed committee and sec- Delegates (NYSBA’s governing body) from tion chairs and co-chairs. Below are the 2004-2007. He is also a member of the profiles of three chairs and two co-chairs. American Association for Justice, New York NYCLA, 14 Vesey Street State Trial Lawyers Association, New York J. PATRICK DELINCE, ESQ. State Bar Association, Bronx Bar Association (Between Broadway and Church Street) DeLince Law, PLLC and Brooklyn Bar Association. He is a grad- Chair, Cyberspace Law Committee uate of Boston University School of Law. Speakers the essays J. Patrick DeLince is a private practi- Hon. Bryan R. Williams,  Learn strategies for answering tioner with his own law firm, DeLince Law VINOO P. Member difficult questions Learn what PLLC, concentrating on employment dis- VARGHESE, ESQ. New York State Board of Law you should never, ever include crimination and business law matters. The Law Offices of Examiners in your essay answer. Before establishing his own practice, he Vinoo P. Varghese,  managed the New York branch office of P.C. Eileen Shapiro, Learn tips that may make the the French law firm Thieffry & Associes, for Chair, Solo/Small Senior Bar Examiner difference between passing and which he advised American subsidiaries of Firm Practice New York State Board of Law failing. French companies doing business in the Committee Examiners U.S. He also previously worked as a senior Prior to founding his  Learn how the New York staff counsel at Tutoki & Levy and was of own law firm, Vinoo P. multiple-choice questions are counsel to ITT Hartford. He is a graduate Varghese served as a James T. Shed, Vinoo P. Secretary constructed and how to of St. John’s University School of Law. senior assistant district analyze them. Mr. DeLince has served on the Executive attorney for the Kings Varghese, Esq. Committee on Character and Fitness, Committee of NYCLA’s Cyberspace County District Attorney’s Office from 2000 Appellate Division, First Department  Learn about character and Committee since 1998. He also currently to 2006. During his tenure there, he worked in serves on the Board of the National trial, investigative and appellate bureaus. Mr. fitness issues that could affect YOU DON’T WANT TO MISS your admission to the bar. Employment Lawyers Association, New Varghese also ran a specialized prosecution THIS PROGRAM! York Chapter, and as Chair of its E- program targeting offenders who had Non members pay $25 for the program Discovery Committee. attempted serious assaults on police officers,  As Chair of the Cyberspace Law called the Assault on Police Officers Program. Learn specific techniques for and receive a complimentary year of Committee, Mr. DeLince plans to continue Outside of his work with NYCLA, increasing your essay scores NYCLA Law Student Membership. to present cutting-edge issues affecting the Mr. Varghese is a member of the City  Learn how to avoid fatal Internet and new media to NYCLA’s mem- Bar, Brooklyn Bar Association, Nassau mistakes RSVP: [email protected] or call bership and the public at large by developing County Bar Association, North  Learn how graders evaluate Cindy at 212-267-6646, ext. 209. and implementing new programs on Internet American South Asian Bar Association, technology. Queens County Bar Association, South Asian Bar Association of New York and GILBERT C. Westchester County Bar Association. He FERRER, ESQ. is a graduate of Brooklyn Law School. The Law Offices of Regarding upcoming committee Gilbert C. Ferrer, events, Mr. Varghese said that he plans on PLLC having monthly meetings featuring Musicians from Marlboro Co-Chair, speakers with various areas of expertise, NYCLA members are invited to Immigration and including accounting, insurance, mar- Nationality Law keting, networking and technology. On the 43rd season of Musicians from Haydn – String Quartet in D Major, Committee March 6, committee members will discuss Marlboro at the Metropolitan Opus 20, No. 4 Gilbert C. Ferrer tax tips and planning. All NYCLA mem- Museum on Friday, March 21, 2008 at Carter’s Figment IV for Solo Viola has practiced immigra- bers are welcome to attend. 8:00 PM. Tickets under this offer are (NY Premiere) tion law for 18 years Gilbert C. $25 (normally $40) and include free Carter – Oboe Quartet and is currently a prin- Ferrer, Esq. DARIN B. admission to the Museum. To take Schumann – Piano Quartet in E flat cipal of the Law Offices of Gilbert C. WIZENBERG, ESQ. advantage of this discounted ticket Major, Opus 47 Ferrer, PLLC. Previously, he served for five The Law Offices of offer, please contact Tessa Chermiset years as senior immigration law counsel Darin B. Wizenberg at 212-581-5197, ext.12 or vcher- Save the Date! The final concert both in- and out-of-house for Dell, Inc. in Co-Chair, Criminal [email protected] and pro- this season will be held on April 18, Round Rock,Texas. Mr. Ferrer has a diverse Justice Section group of clients, ranging from software Before developing vide your NYCLA ID number. 2008. development groups to petroleum explo- his own private prac- ration companies and a wildlife zoo/safari tice, Darin B. park. He is a graduate of Harvard Law Wizenberg began his School. legal career practicing Darin Mr. Ferrer and his co-chair Eugene white-collar criminal Glicksman are expanding the Immigration defense at a large law Wizenberg and Nationality Law Committee’s CLE pro- firm. Seeking to grow as a courtroom advo- gram offerings and have entered into a joint cate, Mr. Wizenberg joined the Criminal New member benefit sponsorship with the NYCLA Corporation Defense Division of The Legal Aid Society Law Committee on the event, “Intersection of New York. His private practice focuses of Immigration and Corporate/Business on aggressive advocacy in all criminal – 25% discount on Law-Compliance Issues under U.S. defense and civil rights matters. Mr. Immigration Laws When Employing Foreign Wizenberg has also authored numerous Labor,” which is scheduled for April. articles and is a frequent lecturer on a ABA publications broad range of topics in criminal defense RONALD J. and civil rights litigation. He is a graduate KATTER, ESQ. of Brooklyn Law School. The Law Offices of “I plan to build on the momentum and NYCLA members receive a 25 percent discount* on ABA publica- Ronald J. Katter success of one of NYCLA’s largest and most tions through an agreement with the ABA. Sample titles include: How Chair, Tort Section exciting Sections,” Mr. Wizenberg said of his to Start and Build a Law Practice, 5th Edition, The Discovery Since 1991, Ronald J. plans. “Developing and expanding our Revolution, Law Partnership, How to Draft Bills Clients Rush to Pay Katter has run a solo Section’s outreach programs, particularly personal injury practice those designed to reach communities most and The Litigation Manual: Dispositions. For a complete list of titles, covering New York affected by the criminal justice system will be members can visit www.ababooks.org. City’s five boroughs and a priority.I will also press for increased inter- the surrounding coun- action amongst NYCLA’s committees, some- Ronald J. When ordering, members must enter a special NYCLA code when ties. Mr. Katter has sig- times referred to as ‘cross-pollination.’ This they check out to receive the discount (the 25 percent discount will be nificant trial and appeals Katter, Esq. increased interaction should lead to many experience in both the state and federal fruitful collaborations that will not only ben- automatically applied). For the code, please go to www.nycla.org, log courts. He has also lectured at bar associa- efit NYCLA and its members, but the greater in and click on Benefits in the Members Only section, then click on tions and other continuing legal education legal community and public at large.” Leisure & Retail Discounts in the dropdown menu. providers on personal injury practice, law- firm management and marketing. Ms. Pierski is the Communications *Discount does not apply to ABA-CLE iPod products. Before assuming the role of Chair of Assistant at the New York County NYCLA’s Tort Section, Mr. Katter served as Lawyers’ Association. 8 March 2008 / New York County Lawyer SPOTLIGHT ON LITIGATION Message From Bari Chase, CLE Director Litigation Programs are the Focus of soring a program, Litigating Workplace you ever wanted to know about the Traffic the First and Second Departments of New the CLE Institute This March Rights of Victims of Domestic Violence from Violations Bureau - from entry of a plea York State. (Fee: Members: $95; Non-mem- 6:00-8:00 PM. Learn about the specific through conducting your hearing, to handling bers: $120). The CLE Institute is pleased to reprise its employment protections available to victims an administrative appeal - will be covered. ever popular program, Civil Trial Practice of domestic and sexual violence and stalking (Fee: Members: $95; Non-members: $120; Also in March, we will offer Drafting Basic Institute.A stellar panel of speakers from the in New York City and Westchester County,as Non-Attorneys: $75). For practitioners who Testamentary Documents and Advance bench and bar will walk litigators through the well as how to use other federal, state and are inexperienced in appellate practice yet Directives on Wednesday evenings, March 19 entire state trial court process on Friday and local laws to challenge discrimination, obtain find themselves facing an appeal from a and 26 from 6:00-9:00 PM. (Fee: Members: Saturday, March 7 and 8, from 9:00 AM-5:00 necessary time off or other changes at work paper issued by a judge of the Supreme $175; Non-members: $225) Further, the next PM.This program will also satisfy the first- or and gain access to unemployment compensa- Court, we are offering a program, Handling Bridge the Gap 1, a program for newly second-year MCLE requirements for newly tion. (Fee: Members, public sector and public Your First Appeal: Conquering the Details admitted attorneys, will be held on Friday and admitted attorneys. (Fee: Members: $255; interest attorneys: $35; Non-members: $50). on March 25 from 6:00-8:00 PM.The require- Saturday, April 11 and 12 from 9:00 AM-5:00 Non-members, $355). On Monday,March 10, On Wednesday morning, March 12 from ments are many, precise and unforgiving. PM. Please check our website for faculty NYCLA’s Labor Relations and 9:00-11:00 AM, we will conduct a program, Therefore, this program will explain the rules information and registration details. Employment Law Committee is co-spon- How to Fight a Traffic Ticket. Everything for filing, perfecting and arguing an appeal in See CLE, Page 15 Tips on jury selection by Robert S. Kelner, Esq. counsel each question six to eight jurors in notions. A ‘compassionate conservative’ the jurors’ behavior – body language, eye the box. When challenges stop, the juror(s) will not do. Plaintiffs’ lawyers in civil cases contact and gestures. Don’t believe what The term ‘jury selection’ is actually a left is chosen and the box is filled again should avoid picking police officers and the jurors tell you. Instead, watch their misnomer. With only three peremptory until a panel is selected. In Federal Court, nurses.They are unlikely to empathize with behavior and determine if their words are, challenges, trial counsel do not actually counsel may have no chance to question the plaintiff as they see so much pain and in fact, reasonable. ‘select’ a jury. The voir dire process only potential jurors. Instead, counsel will give suffering on a regular basis. Accountants allows counsel to conduct a brief verbal the court a list of questions to ask. and lawyers should also be avoided, if pos- Robert Kelner is a member of the law firm questionnaire that seeks to form an opinion The top priority when conducting a voir sible, since they tend to be more analytical Kelner & Kelner, specializing in the practice as to which potential jurors are biased, prej- dire is to knock off the ‘monsters’ on the and less emotional. Further, avoid the of personal injury, medical malpractice and udiced or have subtle leanings favoring one panel. Don’t focus on keeping ‘good’ jurors. ‘kingpin juror.’ This is someone who will products liability law. Mr. Kelner is chair of side of the case over the other. Sometimes, If jurors are ‘good’ for your side, chances dominate the jury with his or her strong NYCLA’s Civil Trial Practice Institute. The counsel can uncover active prejudice or bias are your adversary will be seeking to have personality, knowledge or experience in a 31st Annual Civil Trial Practice Institute will against the type of case or litigant involved them eliminated. Don’t pry into the lives of specialized area. be conducted at NYCLA on Friday March 7 in the action. More often than not, counsel the potential jurors. Just seek relevant When picking a jury, watch all aspects of and Saturday March 8. must simply rely on his or her own ‘sixth information to help you make an informed sense’ to form an educated guess as to judgment. Each side has three peremptory where prejudice is lurking behind the facial challenges. Counsel can excuse a juror for or verbal expressions of jurors. any reason other than race, creed or County Lawyer Editorial Policy Jury selection is now more hurried and, country of origin. Exclusion of jurors for The Editorial Board of New York County Lawyer welcomes the submission of articles by at times, unreasonably so. Be sure you race alone violates the Equal Protection members of the legal community for inclusion in this publication. Submissions will be edited know which method of jury selection is Clause. In addition, a juror can be excused and may not be returned to the writer for approval. The Editorial Board reserves the right being used. In the ‘Struck Method,’ a large for cause. For example, if a potential juror to make the final decision regarding the suitability, content and form of all submissions and panel is seated and individuals are chal- states that he or she cannot be fair or judge further reserves the right to incorporate modifications and edits to same, without prior lenged for cause. Those who remain are the case on the evidence or if the potential notice to the author or contributor. Materials accepted for publication are assumed to be counted. You must question the jurors as a juror is a stockholder or employee of a lia- original work product and shall not contain, in whole or in part, any infringing content group and so counsel must rely heavily on bility insurer in a personal injury case, that unless appropriate attribution and consents have been secured by the author or contributor prior to submission to the Editorial Board. Unless otherwise indicated, all views or opinions stereotypes. Thus, counsel should ask juror can be excused. presented are solely those of the designated author(s) and do not necessarily represent loaded questions to get the maximum Basically, both criminal defense attor- those of the New York County Lawyers’ Association. Material(s) accepted for publication amount of information in the shortest time neys and plaintiffs’ lawyers in civil suits are shall appear in print and electronic formats and shall become the property of the frame possible. Another method of jury looking for potential jurors who are liberal, Association once posted or published and may not be reprinted or otherwise utilized by any selection is a modified version of ‘White’s sensitive, ‘big-hearted’ and emotional person or party absent the Editorial Board’s expressed written consent. Rules.’ Plaintiff’s counsel and defense people who can ‘let go’ of preconceived ETHICS HOTLINE

March 1-15 April 1-15 James B. Jason Kobak Jr. Sunshine 212-837-6757 212-872-7469

March 16-31 April 16-30 Malvina Mark Nathanson Bower 212-608-6771 212-240-0700

*Questions to the Hotline are limited to an inquiring attorney’s prospective conduct. The Hotline does not answer questions regarding past conduct, the conduct of other attorneys, questions that are being litigated or before a disciplinary committee or ethics committee, or questions of law. This notation shall not be construed to con- tain all Hotline guidelines. For a full dis- cussion of Ethics Hotline guidelines, please see “Guidelines on NYCLA’s Ethics Hotline, September 2006, New York County Lawyer, Vol. 2, No. 7. March 2008 / New York County Lawyer 9 Isn’t it time to revisit Insurance Disclosure in New York? by Jonathan Meer tial client with access to rele- cussing fees and other business attorney-client relationship. vant information related to a issues with clients. At the An additional issue raised is that the Part 1 lawyer’s representation in time the Model Court Rule on adoption of the proposal will force order to make an informed Insurance Disclosure was uninsured lawyers to obtain and main- Introduction decision about whether to adopted, ten jurisdictions had tain professional liability insurance as On February 2, 2004, NYCLA sub- retain a particular lawyer.” already addressed the issue of disclosure creates a de facto require- mitted comments to the ABA opposing Specifically, the Model Court maintaining malpractice insur- ment to obtain malpractice insurance. the adoption of the Model Court Rule Rule on Insurance Disclosure ance. Some required disclosure This would disproportionately burden on Insurance Disclosure, which was sub- requires that a lawyer certify on on their annual registration solo practitioners, recently admitted sequently adopted by the ABA. The the annual registration state- statements; others required attorneys and attorneys who serve Rule recommended that lawyers dis- ment “whether the lawyer is Jonathan Meer lawyers to directly disclose to clients ineligible for legal aid, but gen- close on their annual registration forms currently covered by profes- their clients their professional erally unable to afford counsel. For whether or not they maintain legal mal- sional liability insurance” and whether liability insurance status. Only Oregon those practitioners who disclose that practice insurance, but it did not require the lawyer intends to maintain the insur- mandated professional liability insur- they do not have professional liability direct disclosure of insurance to the ance. If the lawyer does not comply, that ance as a condition for practicing law. insurance, there is the fear of back- public, nor did it provide minimum cov- attorney may be suspended. Since the adoption of the Model Court lash—clients deciding to seek new erage limits. A number of states did The adoption of the Model Court Rule Rule on Insurance Disclosure, 11 more counsel. NYCLA wrote that the pro- adopt the rule; others adopted some on Insurance Disclosure was not the first states have adopted some sort of disclo- posed rule could lead clients to choose variation of it. New York State has not time the ABA addressed the issue. sure of an attorney’s malpractice insur- counsel based on insurance coverage, adopted any requirement similar to that Previously, ABA policies recommended ance status. The record reflects that once instead of experience and expertise. adopted by the ABA. NYCLA, as well that participating lawyers in lawyer a state has adopted disclosure rules, a One final argument is that the disclo- as the New York City Bar, outlined a referral services have malpractice insur- significant rise in the number of lawyers sure of professional liability insurance number of reasons why the Model Rule ance, while another model rule required who then obtain insurance generally fol- will serve only to invite malpractice suits was inappropriate and would actually foreign legal consultants to maintain pro- lows. by dissatisfied clients. In the ABA-pub- hurt the legal profession in New York. In fessional liability insurance. In support lished study of legal malpractice claims an age when the legal profession is con- of this Model Rule, the ABA stated that it Arguments Against the Model Rule from 2000-2003, 80 percent of all claims stantly questioned about its ethics and wanted to pass a rule that protects the One concern is that disclosure of mal- were resolved without payment. In accountability, perhaps it is time for New public but does not place a significant practice insurance coverage could create Oregon, the only state requiring profes- York to reconsider its position. burden on lawyers. The ABA believes a false sense of security. It is important sional liability insurance for attorneys, that this Model Rule meets that criterion. to note that intentional misconduct of a legal malpractice claims rose to one of The ABA Model Rule and Numerous reasons have been cited in dishonest lawyer is often not covered by the highest per capita in the nation Its Supporters favor of insurance disclosure. Some malpractice insurance; usually only neg- shortly after the state enacted its manda- Professional liability insurance pro- argue that disclosing malpractice insur- ligence is covered. tory insurance coverage rules. vides victims of malpractice an opportu- ance is in the public interest and the There are also concerns that any dis- nity to obtain financial restitution. public believes that lawyers need to have closure made regarding coverage must Part 2 will deal with the issue of insur- However, uninsured lawyers comprise a insurance to be licensed to practice law. be sufficiently complete in order not to ance disclosure in New York. significant segment of attorneys in prac- Others contend that requiring insurance be misleading. This means that a lawyer tice. In 2003, it was estimated that one disclosure provides potential clients with may have to disclose, in detail, the extent Mr. Meer is a member of NYCLA and third or more of attorneys in private access to relevant information when of his or her coverage and exclusions an associate at the Newark office of practice nationwide are uninsured. In hiring an attorney. Many clients are not and possibly the reasons for such exclu- Landman Corsi Ballaine & Ford, P.C. adopting the Model Court Rule on knowledgeable enough to ask the right sions. NYCLA believed that any affir- His practice focuses on insurance Insurance Disclosure, the ABA stated questions before retaining counsel and mative obligation to discuss professional defense, professional liability, toxic tort that its purpose was “to provide a poten- many lawyers are not comfortable dis- liability insurance undermines the and employment law. ELECTRONIC RESEARCH CENTER - CLE PROGRAMS MARCH Tuesday, March 18 APRIL Wednesday April 16 Tuesday, March 4 11:00AM-12:15PM Monday, April 7 10:00AM-12:30PM 1:30-2:30PM BLOOMBERG PROFESSIONAL: 1:30-2:30PM BANKRUPTCY COURT WESTLAW: EMPLOYMENT LAW INTRODUCTORY CLASS WESTLAW: BEGINNER ELECTRONIC CASE FILING RESEARCH 1.5 MCLE Credits: 1 Skills; .5 Law 1 MCLE Credit: 1 Skills; Transitional SYSTEM 1 MCLE Credit: 1 Skills; Transitional Practice Management; Transitional Member: Free 2.5 MCLE Credits: 2.5 Skills; Member: Free Member: Free Non-Member: Free Transitional Non-Member: Free Non-Member: Free Member: $65 Non-member: $85 Monday, April 7 Non-legal Staff: $35 Tuesday, March 4 Wednesday March 19 3:00-4:00PM 3:00-4:00PM 10:00AM-12:30PM WESTLAW: ENTERTAINMENT Thursday, April 17 WESTLAW: BEGINNER BANKRUPTCY COURT LAW RESEARCH 11:00AM-12:15PM 1 MCLE Credit: 1 Skills; Transitional ELECTRONIC CASE FILING 1 MCLE Credit: 1 Skills; Transitional BLOOMBERG PROFESSIONAL: Member: Free SYSTEM Member: Free INTRODUCTORY CLASS Non-Member: Free 2.5 MCLE Credits: 2.5 Skills; Non-Member: Free 1.5 MCLE Credits: 1 Skills; .5 Law Transitional Practice Management; Transitional Wednesday, March 12 Member: $65 Non-member: $85 Wednesday, April 9 Member: Free 10:30-11:30AM Non-legal Staff: $35 10:30-11:30AM Non-Member: Free LEXIS I LEXIS: ADVANCED 1 MCLE Credit: 1 Skills; Transitional Thursday, March 20 1 MCLE Credit: 1 Skills; Transitional Thursday, April 24 Member: Free 10:00-11:00AM Member: Free 10:00-11:00AM Non-Member: Free WESTLAW: INTERMEDIATE Non-Member: Free WESTLAW: LITIGATION 1 MCLE Credit: 1 Skills; Transitional RESEARCH Wednesday, March 12 Member: Free Wednesday, April 9 1 MCLE Credit: 1 Skills; Transitional 12:00-1:00PM Non-Member: Free 12:00-1:00PM Member: Free LEXIS: SECURITIES LEXIS: TRUSTS & ESTATES Non-Member: Free 1 MCLE Credit: 1 Skills; Transitional Thursday, March 20 1 MCLE Credit: 1 Skills; Transitional Member: Free 11:30AM-12:30PM Member: Free Thursday, April 24 Non-Member: Free WESTLAW: SECURITIES LAW Non-Member: Free 11:30AM-12:30PM RESEARCH WESTLAW: ADVANCED Wednesday, March 12 1 MCLE Credit: 1 Skills; Transitional Wednesday, April 9 1 MCLE Credit: 1 Skills; Transitional 1:30-2:30PM Member: Free 1:30-2:30PM Member: Free LEXIS: PUBLIC RECORDS Non-Member: Free LEXIS: NEWS & BUSINESS Non-Member: Free 1 MCLE Credit: 1 Skills; Transitional 1 MCLE Credit: 1 Skills; Transitional Member: Free Member: Free Non-Member: Free Non-Member: Free 10 March 2008 / New York County Lawyer

P AST E VENTS

Meet and Greet Reception NYCLA ushered in the new year with its annual Meet and Greet Reception in January. Among those in attendance was NYCLA Board member Lennard Rambusch (second from the left) posing with international interns (from left to right) Jorgen Moller, Lerato Maboea and Lucero Ramirez Hidalgo, who are working at his firm, Holland & Knight. They had the opportunity to interact and mingle with were com- mittee and section chairs and other members of the Association. Pictured on the far Ida B. Wells-Barnett Justice Award Reception right is Linda Lamel, co-chair of the Insurance Law Committee. In honor of Black History Month, NYCLA and the Metropolitan Black Bar Association presented Patricia L. Gatling (second from left), Commissioner and Chair of the New York City Commission on Human Rights, with the sixth annual Ida B. Wells-Barnett Ninth Annual FINRA Justice Award on February 6. Pictured (from left to right) are: Renaye Brown Cuyler, program co-chair; Ms. Gatling, Catherine A. Christian, NYCLA President; and Xavier R. Listens . . . and Speaks Donaldson, President of the Metropolitan Black Bar Association and program co- Elizabeth R. Clancy (left), Vice President, chair. The award is named in honor of Ida Wells-Barnett, an African-American civil FINRA Dispute Resolution, and Director of rights advocate who adamantly fought against segregation and in support of FINRA Dispute Resolution’s Northeast women’s rights. Regional Office, spoke at the “Ninth Annual Commissioner Gatling is in FINRA Listens . . . and Speaks” public forum charge of enforcing the on February 4. Ms. Clancy reported on a Human Rights Law and number of developments in FINRA’s dispute combating discrimination resolution program, including proposed rule changes governing the expungement of in New York City. customer dispute information from the Central Registration Depository System and motions to dismiss. Pictured with her is the program’s moderator, Martin L. Feinberg. The Soldiers of Praise The event was co-sponsored by the Arbitration and ADR, Labor Relations and Gospel Choir performed Employment Law, and Securities and Exchanges Committees. at the event.

Federal Courts Committee In January, at the Federal Court Committee’s monthly meeting, Hon. James C. Francis IV, U.S. Magistrate Judge, Southern District was the guest speaker. Among those in attendance were (from left to right): Vincent T. Chang, Wollmuth Maher & Deutsch, who hosted the meeting; Hon. James C. Francis IV; and Thomas V. Marino, Dunnington Bartholow & Miller LLP, chair of the committee. Magistrate Judge Francis reviewed with the committee developing case law in the area of discovery of electronically stored information and, in the discussion that fol- lowed, expressed his views on the limits of that discovery. Reception at Daniel Patrick Moynihan U.S. Art Committee visits International Courthouse Caribbean Art Fair NYCLA, the U.S. Court of Appeals for the Second Circuit and the U.S. In November, Art Committee members enjoyed a guided tour of New York City’s District Court for the Southern first International Caribbean Art Fair at the Puck Building in SoHo. The fair’s District of New York held a recep- Director, Marcel Wah, from Haiti, and artist Scherezade Garcia, from the tion on February 7 for federal judi- Dominican Republic, offered cultural and historical insights into the similarities cial law clerks and staff attorneys and differences among Caribbean art schools as they walked NYCLA members at the Daniel Patrick Moynihan through exhibited works from Cuba, Puerto Rico, the Dominican Republic and U.S. Courthouse. NYCLA President Haiti. Pictured (from left to right) are: Marcel Wah, ICA Fair Director, artist Catherine A. Christian (on the left) poses with Chief Judge Kimba M. Wood (in the Scherezade Garcia and NYCLA members Chevenne Gordon, Hon. Debra A. James middle) and Thomas V. Marino, chair of NYCLA’s Federal Courts Committee, at the and Isabel Abislaiman, committee co-chair. reception. March 2008 / New York County Lawyer 11

In honor of Women’s History Month: a look at Dorothy Kenyon by Nicole Pierski The legal profession was a family affair she wrote, “Many a promising young for Ms. Kenyon; her father William legal mind is stopped in her tracks by the Women in the Legal Profession Houston Kenyon was a patent lawyer reception she receives in the average In the early 1930s, NYCLA’s and incorporator of NYCLA, her aunt hard-boiled law office….It’s a lucky and Committee on Professional Economics worked for a time as an associate in her a nervy girl who can break through these issued a report on the demographics of father’s firm, and her five brothers were barbed-wire entanglements and serve the legal profession in New York State. lawyers as well. Ms. Kenyon was her law apprenticeship in an even rea- The report, which contained statistics on admitted to the bar in 1917 and her first sonably good law office.” women in the profession, found that position was as a research specialist for Her name also appeared in the Times women made up 3.48 percent of the New lawyers advising delegates at the in 1950 for a very different reason; York bar in 1930 while the national Versailles Peace Conference in 1919. Senator Joseph McCarthy tried to black- average was only about two percent. In the 1930s, Ms. Kenyon practiced list Ms. Kenyon by accusing her of This constituted only 792 women in her own firm, Straus and Kenyon, having ties to at least 28 communist lawyers in New York State, of which 622 with NYCLA member Dorothy Straus. organizations. In turn, Ms. Kenyon practiced in New York City. Ms. Kenyon also served as the chair of denied the accusations and called According to recent statistics issued NYCLA’s Hospitality Committee. Senator McCarthy “an unmitigated liar” by the American Bar Association and Mayor Fiorello LaGuardia appointed who used congressional position for pro- the U.S. Department of Labor, women Ms. Kenyon as deputy license commis- tection.The Times published an editorial now enjoy greater equality in the legal sioner in 1935. During her tenure as in support of Ms. Kenyon the next day. profession: women represent about 30 deputy commissioner, she refused, Towards the end of her career, Ms. percent of all lawyers nationwide. against the wishes of Mayor Kenyon worked with the ACLU and Women also have greater access to legal LaGuardia, to close down the city’s Dorothy Kenyon NAACP preparing legal briefs. She was education; according to the National burlesque houses by denying their also vocal about women’s rights, and was Law Journal, 46.9 percent of law stu- licenses to operate. Defending her Rosalie Loew Whitney and Edith active in the Women’s City Club and the dents in 2007 were women. position, Ms. Kenyon noted that she Spivack, sat in on a burlesque perfor- American Association of University In honor of Women’s History Month, could not prohibit “the only beauty in mance at one such house and ruled that Women. the New York County Lawyer is pro- the lives of icemen and messenger it was not art. filing Dorothy Kenyon, an early woman boys.” Her decision to continue Ms. Kenyon also served as a Ms. Pierski is the Communications member of NYCLA. licensing burlesque houses was Municipal Court judge from 1939 to Assistant at the New York County reversed a year later by the mayor. 1943. Lawyers’ Association. Additional infor- Dorothy Kenyon (1888–1972) After the owner of one such house In addition to her work for Mayor mation for this article came from the Dorothy Kenyon was a lawyer, judge argued that the performances that LaGuardia, Ms. Kenyon served on the New York Times archives as well as the and ambassador to the U.N. during her occurred there were “artistic” in United Nations Commission on the NYCLA Centennial book, Brethren and prestigious career. After graduating nature, Mayor LaGuardia sent ten Status of Women for three years after Sisters of the Bar: A Centennial History from Smith College in 1908, she women from his administration to World War II. She was also a contributor of the New York County Lawyers’ attended New York University School of inspect the burlesque houses. The to the New York Times, writing about Association, by Edwin David Law, receiving her law degree in 1917. women, including NYCLA members women and the legal profession. In 1950, Robertson. Remembrance of Things Past by Rosalind S. Fink insurance, revolving credit accounts, and apartment rentals and at the elimination I first met Edith Spivack in 1973 at of inequities in inheritance and domestic the second meeting of NYCLA’s newly relations laws. created Special Committee on Women’s Earlier, I said that I had watched Rights. The Committee was in its Edith in awe. That’s not quite true. In infancy and I watched in awe as Edith, fact, I did a lot more than watch. When I its founding chair, steered us directly to joined the Committee in 1973, I had just the forefront of efforts to eradicate dis- been admitted to the bar and was the crimination against women. lowest of the low on the totem pole of Edith was the kind of chair that bar the Park Avenue law firm I was working presidents fantasize about. She recruited for. I assumed that I would be sitting remarkable members, including Peggy silently through Committee meetings for McDowell, a mainstay of The Legal Aid most of my three-year term as I thought Society for many years, and Cecelia befitted the most junior member of a Goetz, who went from Herzfeld Rubin very distinguished committee. Edith was to the Southern District Bankruptcy not about to let that happen (probably bench, which she served with great dis- because I was a fellow Barnard alum) tinction. Edith also organized meetings and I soon found myself at the center of that were not only well attended and committee activities. She gave me informative, but that generated scores of Rosalind S. Fink poses alongside her portrait. increasingly important writing assign- exciting, fulfilling and meaningful pro- ments (that she always carefully edited), jects. The Committee’s first luncheon a voice for equality for women was briefs. We filed two such briefs during including writing the amicus brief forum (a core of the NYCLA calendar apparent as it received requests to join Edith’s tenure, both to the New York arguing for coverage of pregnancy under that unfortunately faded into oblivion in press conferences (including one sup- Court of Appeals. One argued that preg- the State Disability Benefits Law. She with the advent of mandatory CLE and porting the ERA or Equal Rights nancy should be a covered disability paired me on that assignment with Susan the concomitant need for longer pro- Amendment, for those readers too under the State’s Disability Benefits B. Lindenauer, who was working at The grams) featured Ruth Bader Ginsburg, young to remember), participate in radio Law; the other addressed the expulsion Legal Aid Society (and was a recipient of then a Columbia Law School professor shows (on one of which I shamefully of a local chapter of Kiwanis Clubs of the Edith I. Spivack Award in 2002), and fan of Edith, speaking on “Gender opined, on behalf of the Committee, that America for admitting women. Under which was the beginning of a friendship and the Constitution,” a speech the concept of sexual harassment was Edith’s stewardship, the Committee also that I’ve cherished for 35 years. reprinted in full in the New York Law too amorphous to ever take hold) and embarked on projects aimed at elimi- Journal. The Committee’s authority as submit or sign on to numerous amicus nating gender-based restrictions in See REMEMBRANCE, Page 13 12 March 2008 / New York County Lawyer Events in lower Manhattan and beyond brings to life the poetry of Langston book forms the philosophical corner- Eleanor Baum, dean of the Albert Hughes and the music of Count Basie stone of the United States of America. Nerken School of Engineering at and Jimmy Lunceford. Christopher Hitchens, columnist for Cooper Union for the Advancement Vanity Fair, The Nation and Slate and of Science and Art, will moderate this WOMEN’S HISTORY MONTH author of Thomas Paine’s Rights of panel discussion of women EVENT: THE CONSEQUENCE Man, will speak, as well as Annette Metropolitan Transit Authority execu- OF GLOBALISM ON GIRLS’ AND Gordon-Reed, New York Law School tives. Hear about their experience of WOMEN’S BODIES professor and author of the cele- the progress, challenges and shifts in Saturday, March 8, 1:00-4:00 PM brated book Thomas Jefferson and women’s roles in the context of public by Nicole Pierski Friends Meeting House Sally Hemings: An American transportation in today’s New York. 15 Rutherford Place (16th Street, Controversy. SEAPORT MUSEUM between 2nd and 3rd Avenues), WOMEN’S HISTORY MONTH SCAVENGER HUNT Room 212-260 JAZZ SCENES THROUGH THE EVENT: THE IMMIGRANT, Saturday, March 8, 12:00-3:00 PM Free CINEMA LENS RADICAL, NOTORIOUS South Street Seaport Museum Contact: The Women’s Therapy Tuesday, March 18, 8:00 PM WOMEN OF WASHINGTON 12 Fulton Street Centre Institute, Inc. (212) 721-7005 Tribeca Performing Arts Center SQUARE Cost: Free with museum admission “The Politics of the Body and the 199 Chambers Street Sunday, March 30, 1:00-3:00 PM Contact: www.southstreetseaportmu- Body Politic: The Consequences of Free Joyce Gold History Tours seum.org Globalism on Girls’ and Women’s For more information: Meet at Washington Square Arch Explore the Seaport Museum’s hidden Bodies” will be presented by Susie www.tribecapac.org Cost: $15, $12 seniors treasures. After building your own Orbach, Ph.D. This program will See the rise of downtown jazz venues For more information: www.joyce- telescope, discover the maritime arti- include a forum for women’s experi- such as the Jazz Forum, Jazzmania and goldhistorytours.com facts of the Museum by solving puzzles ences to be shared and discussed. Jazz Gallery in this film retrospective. This walking tour around Washington and searching the corridors of the Lester Young and Art Farmer will be Square features the stories of museum. THOMAS PAINE’S “RIGHTS OF featured, along with performances by women—working class, gentry, rad- MAN” Count Basie, Art Blakey and ical, literary, academic, theatrical, con- SAVOY SWING Tuesday, March 18, 6:30 PM Thelonious Monk. The film retrospec- vict or immigrant—who have given Saturday, March 8, 1:30 PM New-York Historical Society tive will be followed by an informal rise to the political, creative and intel- Tribeca Performing Arts Center 170 Central Park West question-and-answer session. lectual achievements in New York 199 Chambers Street Cost: $15 non-members, $8 members, City’s history. Cost: $25 $10 students/seniors WOMEN’S HISTORY MONTH For more information: Contact: www.smarttix.com PANEL DISCUSSION www.tribecapac.org Thomas Paine’s Declaration of the Monday, March 24, 6:00 PM Ms. Pierski is the Communications Enjoy the story of the Harlem Rights of Man is a passionate defense Cooper Union Assistant at the New York County Renaissance told through the music of man’s inalienable rights. This pro- 51 Astor Place, Wollman Lounge Lawyers’ Association. and dance of the Savoy Swingers. This gram will explore Paine’s forethought (between 3rd and 4th Avenues) tap, swing and Lindy Hop spectacle and contentiousness and how his Free

NEW MUSEUM OPENS by Nicole Pierski ongoing exhibits include an installa- tion creatively quantifying interna- New Museum tional philanthropy by Jeffrey Inaba, 235 Bowery as well as a flash animation installa- Cost: $12/$8 Seniors/$6 Students tion by two South Korean artists. For More Information: On the first Saturday of each www.newmuseum.org month, the New Museum has free, hands-on workshops for families Explore exhibits of contemporary with children ages 6-15. The pro- art at the New Museum, which grams include free museum admis- opened in December 2007 on the sion for children and up to three Lower East Side.Visitors can experi- adults per family, as well as tours of ence audio or docent-led tours of the the exhibits. Log on to the Museum’s exhibits. One ongoing exhibit, website, www.newmuseum.org, for “Unmonumental,” explores the idea workshop schedules. of crumbling symbols and broken icons through an array of sculpture, Ms. Pierski is the Communications paper, visual, audio and even Assistant at the New York County internet-based collage. Other Lawyers’ Association.

NEW YORK COUNTY LAWYER COPY DUE DATES FOR 2008

Issue Copy due April March 12 May April 14 June May 12 July/August July 11 October September 12 November October 13 December November 12 March 2008 / New York County Lawyer 13 THE PRACTICE OF LAW SERIES EMEMBERANCE OF HINGS AST Programs led by experienced attorneys in informal settings to help you R T P manage your practice. From Page 11 York in pioneering women’s pro- Edith also assigned me to rep- grams and inspiring self-pride, Writing Retainer Agreements, Setting Fees and Getting Paid (Part I) resent the Committee at Board of self-worth and self-respect within Legal, ethical and practical considerations when you write your retainer Directors’ meetings and press the women of New York City gov- agreements and set your fees. How to treat your clients so they want to pay you. conferences, eventually made me ernment.” Committee secretary and was When Edith began practicing April 1, 2008 – 6:00 PM instrumental in my subsequent law, women lawyers were, for the Speaker: Martin L. Feinberg rise from Committee chair to most part, expected to practice in member of NYCLA’s Board of trusts and estates. By refusing to Writing Retainer Agreements, Setting Fees and Getting Paid (Part II) Directors and its Executive accept this restriction, Edith Legal, ethical and practical considerations when you write your retainer Committee to president of forged a career — as an emissary agreements and set your fees. How to treat your clients so they want to pay you. NYCLA in 1997. She also pre- of Mayor Fiorello LaGuardia to screened my husband, helped me determine whether a burlesque April 22, 2008 – 6:00 PM get virtually every job I’ve ever show should be shut down for lack Speaker: Martin L. Feinberg held and provided constructive of artistic merit, as a lawyer choosing the unthinkable spe- criticism at least weekly Keeping Your Firm’s Finances throughout my NYCLA presi- cialty of property taxes, as a liti- Discussion of various financial matters concerning starting and running your law dency. gator and extraordinary appellate practice, including taxes, insurance, bookkeeping, software, time recording and Edith taught me how to take advocate — which, by example, minutes, create an agenda, run a opened doors for women lawyers office systems. meeting and, finally, how to run a in a variety of job settings that his- successful campaign; while I torically were closed to them. May 6, 2008 – 6:00 PM thanked many people at my inau- In 1997, in recognition of Speaker: Richard Klass guration as NYCLA’s first Edith’s work with the Special woman president, it was on Committee on Women’s Rights, as Manage Your Relationships with Clients, Judges and Opposing Counsel, Edith’s shoulders that I stood. To well as her service as mentor, role So That They Don’t Manage You! paraphrase the words of the also model and inspiration to the many An analytical and practical approach to anticipate, be prepared for, handle and avoid immortal Fanny Brice, Edith woman lawyers with whom Edith conflicts with other players in the legal profession. Discussion of problems that taught me everything I know. worked on numerous other attorneys routinely face (including the “unexpected” curve balls) and suggested Most important, though, is not NYCLA committees, NYCLA resolutions. Attendance limited to 20. my experience but the fact that I created the Edith I. Spivack am one of many, many women Award. Edith was thrilled by this May 20, 2008 – 6:00 PM who benefited from Edith’s tute- award and by the remarkable Speaker: Clyde Eisman lage. Long before we used the women who were its recipients. word “mentor,” Edith was This year, on March 17, we add to Preparing a Trial Notebook actively training, encouraging and that illustrious roster by giving the Learn the basics of preparing a trial notebook, issuing subpoenas, jury selection, promoting the careers of women award to Geraldine Ferraro, who, opening/closing statements and direct/cross examination. Evidentiary issues lawyers. She also intuitively among other accomplishments, including in limine motions, demonstrative evidence and objections will be discussed. understood the value of net- was once the speaker at a Women’s Rights Luncheon working, inviting (commanding, May 27, 2008 – 6:00 PM actually) her star “pupils” to peri- Forum. Speaker: Jeffrey M. Kimmel odic lunches in her office, a prac- In her oral history interview tice that continued right up until for NYCLA, Edith was asked her second retirement, at the age why she became a lawyer. Her Trial Techniques for Beginners of 94, in December 2004. The response: “Sybil [that’s Sybil Detailed discussions concerning trial strategy, witness preparation, jury selection, career and professional goals of Phillips, Edith’s lifelong friend] opening/closing statements and direct/cross examination. Hearsay objections one or more of the members were said I was always a softy; I think and other evidentiary issues will be discussed. the usual subject of discussion it was also the fact that I could and it was at one of these lunches help people, get them out of their June 3, 2008 -6:00 PM that my campaign for the difficulties. I didn’t study law in Speaker: Jeffrey M. Kimmel NYCLA presidency was order to be a millionaire. I launched. wanted to live a worthwhile life. I What Every Lawyer Needs To Know About The Part 137 Edith also created networks of was pretty good at it as a little Fee Dispute Resolution Program women within the Corporation girl and I think I was good at it as Your rights and responsibilities when your client disputes your fees and the law Counsel’s office and throughout a lawyer.” requires that you arbitrate. several administrations, empha- Edith wasn’t just good at it. She sizing the need for joint action was the best. June 17, 2008 – 6:00 PM with regard to maternity leaves, Speakers: Martin L. Feinberg and Heidi Leibowitz part-time employment and more Ms. Fink, Of Counsel, Brill & flexible hours. Her efforts were Meisel, was the New York County Great Tips for Building a Successful Practice recognized in 1995, when she was Lawyers’ Association’s first With over 20 years of experience, Doron provides his top suggestions for building awarded the Edythe W. First woman president (1997-1998). a successful solo and small-firm practice. The emphasis is on specific, Award for Outstanding straightforward, no-holds-barred, practical advice and personal insights. Contributions to Women in City This article was adapted from Ms. Government. The award is given Fink’s remarks at the 2005 lun- June 24, 2008 – 6:00 PM to “a woman who has demon- cheon, where Ms. Spivack Speaker: Doron Zanani strated a commitment to women received the Edith I. Spivack employees of the City of New Award.

FREE series for all NYCLA members. All programs are held on Tuesdays from 6:00- 8:00 PM at the Home of Law, 14 Vesey St. (between Church Street & Broadway) New SUBSTANCE ABUSE DIRECTIONS TO NYCLA York. Refreshments are served. To register: email [email protected] or fax this page to 212-406-9252. Please check boxes of all programs you wish to attend. HOTLINE NYCLA is located at 14 Vesey Street be- Attorneys, judges, law students and tween Broadway and Church, across the members of their immediate fami- street from St. Paul’s Chapel and around the NAME ______lies can get confidential help with corner from City Hall. EMAIL ______alcohol or substance-abuse prob- By Subway: 2 and 3 to Park Place;A, C and E to Chambers Street; 4, 5 and M to Fulton lems 24 hours a day, seven days a PHONE ______week, by calling the toll-free hotline Street. By Bus: M103 to City Hall; M1 and M6 to 800-255-0569. NUMBER YEARS ADMITTED TO BAR ______Fulton Street 14 March 2008 / New York County Lawyer Women’s Rights Book Signing From Page 1 establishing the Edith I. Spivack Award first through the committee and then From Page 3 will discuss the life of Ms. Lockwood at leadership positions at NYCLA, in com- through the Board of Directors, where I the NYCLA reception. Copies of the mittees and as speakers at NYCLA’s also served at the time. Shepherding is 1906, at the age of 75, she won a prece- book will be available for sale. Ms. various forums. It also highlighted the much too strong a word—the response dent-setting, multimillion dollar Norgren has also published (with Petra substantive law issues and recom- throughout NYCLA to an award in Supreme Court case arguing for the T. Shattuck) Partial Justice: Federal mended actions for bar associations Edith’s name was warm and unanimous. Eastern Cherokee Indian nation con- Indian Law in a Liberal Constitutional included in the Task Force on Women in The most difficult task had actually been cerning their treaty rights with the U.S. System and The Cherokee Cases. She is the Courts report. During my tenure, she convincing Edith initially that NYCLA government. As a peace activist, Ms. currently writing on the topics of concluded, “we issued Part II and Part should have an award that honored her Lockwood was an early member of the Native American law and the legal III in 1989 and 1992 respectively, which as well as others who advocated for Universal Peace Union and the treatment of women. contained detailed evaluations of women’s equality.” International Council of Women and To rsvp to the event, please email NYCLA’s progress toward expanding spoke at peace conventions abroad. [email protected] and write ‘April 16 the participation of women.” Women’s Rights Committee Today The book’s author, Ms. Norgren, event’ in the Subject line. Marilyn J. Flood, Executive Director In recent years, the committee’s focus of the NYCLA Foundation and Counsel has expanded to include matters of inter- to NYCLA, chaired the WRC from 1995 national significance to women. Marcia international work. Nancy Northup, the of our committee as continuing to to 1997. She reminisced about Ms. Goffin, who was active in the committee current president of the Center for develop and maintain strong connec- Spivack. “Long before I was a lawyer, I prior to becoming co-chair in 2005, Reproductive Rights, also spoke. tions across the generations of women. knew Edith Spivack as a role model for worked with then Chair Hon. Richard Networking and rainmaking skills The issues the committee has worked women in City government. Among the Price (who chaired the committee from have also been on the agenda of several on since its inception in 1973 still res- many well-deserved honors she received 2001 to 2005) on several events; among WRC-sponsored events during the onate today.” was the Women’s Advisors Award, pre- them was a presentation featuring Shirin tenure of Ms. Goffin and Hon. Eileen Ms. Murray agreed, adding, “There is sented by an organization of women in Ebadi, the 2003 Nobel Peace Prize Rakower (co-chair since 2005). “The still a need for a committee focusing on City government associated with my winner from Iran, which was co-spon- outreach to the Women’s Financial the concerns of women both within the agency, the Commission on the Status of sored by the Global Fund for Women. Association,” said Ms. Goffin, “has profession and in the larger community. Women. When I graduated from law The committee has also presented enabled us to connect with the profes- Issues within the profession include: the school in 1991, my friend, Barbara numerous public forums on U.S. efforts sional needs of our members and offer a poor retention rate of women associates Rochman, whom I knew well from to combat human trafficking, most service both for CLE and business in law firms; the low percentage of women’s rights work, invited me to join recently with the appearance of anti-traf- development.” women partners in large law firms; the NYCLA and the Women’s Rights ficking Assistant U.S. Secretary of State heavy focus on billable hours, which Committee, which she was then chairing. for Trafficking Mark Lagon in 2007. A Look to the Future impacts disproportionately on women, Flattered to find a committee that valued Additionally, in 2007, NYCLA hosted “As we look to 2008 and beyond, the especially those who are mothers; and my pre-law experience, I was delighted Janet Benshoof, President and Founder events that we sponsor reflect the con- the slow rate at which women lawyers to have another tie to Edith, the com- of the Global Justice Center and tinued broadening of the scope of the are being appointed or elected as mittee’s founding chair. My fondest Founder of the Center for Reproductive committee’s work, to reach beyond the judges.” She concluded, “Most of these memory of my term as chair of the com- Rights, who received the Edith I. Spivack New York legal community on women’s issues are in even greater need of atten- mittee was shepherding the resolution Award for her reproductive rights and issues,” said Ms. Goffin. “I view the role tion for women lawyers of color.” DUFFY & POSILLICO AGENCY INC. Court Bond Specialists BONDS • BONDS • BONDS • BONDS • Administration • Appeal • Executor • Guardianship • Injunction • Conservator • Lost Instrument • Stay • Mechanics Lien • Plaintiff & Defendant’s Bonds Serving Attorneys since 1975 Complete Bonding Facilities 1-800-841-8879 FAX: 516-741-6311 Immediate Service! 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street • New York, New York 10006

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www.insurance4lawfirms.com March 2008 / New York County Lawyer 15 NYCLA CLE LISTINGS From Page 8 Registration Fee (4/2-4/3) Law Practice Management; 5 MARCH Wednesday evenings, March 19 and 26 Member: $120 Professional Practice; Transitional and Tuesday, March 4 6:00 – 9:00 PM Non-member: $150 Non-Transitional 6:00 – 8:30 PM DRAFTING BASIC Early Registration (on or before 4/9) VIDEO REPLAY: PREPARING FOR TESTAMENTARY DOCUMENTS Monday, April 7 Member: $255 THE REAL ESTATE CLOSING: AND ADVANCE DIRECTIVES 9:00 AM – 5:00 PM Non-member: $355 HOW TO AVOID THE PITFALLS 6 MCLE Credits: 1 Ethics; 3 Skills; 2 FORMING AND ADVISING THE Registration Fee (4/10-4/11) 2.5 MCLE Credits: 1 Skills; 1.5 Professional Practice; Transitional and CHARITABLE NON-PROFIT Member: $280 Professional Practice; Non-Transitional Non-Transitional ORGANIZATION Non-member: $380 Early Registration (on or before 3/2) Early Registration (on or before 3/17) 8 MCLE Credits: 2 Ethics; 1 Skills; 5 Member: $95 Member: $175 Professional Practice; Transitional and Friday, April 25 Non-member: $125 Non-member: $225 Non-Transitional 8:30 AM – 12:00 PM AND 1:30 – 5:00 PM Registration Fee (3/3-3/4) Registration Fee (3/18-3/19) Early Registration (on or before 4/5) VIDEO REPLAY MARATHON: 2007 Member: $120 Member: $200 Member: $195 LANDLORD/TENANT PRACTICE Non-member: $150 Non-member: $250 Non-member: $245 INSTITUTE: THE JACK NEWTON Registration Fee (4/6-4/7) LERNER LECTURE SERIES Friday and Saturday, March 7 and 8 Tuesday, March 25 Member: $220 7.5 MCLE Credits: 1 Ethics; 3 Skills; 2 9:00 AM – 5:00 PM 6:00 – 8:00 PM Non-member: $270 Law Practice Management; 1.5 CIVIL TRIAL PRACTICE HANDLING YOUR FIRST Professional Practice; Non-Transitional INSTITUTE APPEAL: CONQUERING THE Tuesday, April 8 Early Registration (on or before 4/23) 16 MCLE Credits:* 3 Ethics; 6 Skills; 2 DETAILS 6:00 – 9:00 PM Member: $125 Law Practice Management; 5 2 MCLE Credits: 2 Skills; Transitional WRITING FOR LAWYERS Non-member: $150 Professional Practice; Transitional and and Non-Transitional 3 MCLE Credits: 3 Skills; Transitional Registration Fee (4/24-4/25) Non-Transitional Early Registration (on or before 3/23) and Non-Transitional Member: $150 Early Registration (on or before 3/5) Member: $95 Early Registration (on or before 4/6) Non-member: $175 Member: $255 Non-member: $120 Member: $125 Non-member: $355 Registration Fee (3/24-3/25) Non-member: $165 Monday evenings, April 28 and May 5 Registration Fee (3/6-3/7) Member: $120 Registration Fee (4/7-4/8) 6:00 – 9:00 PM Member: $280 Non-member: $145 Member: $150 DRAFTING TESTAMENTARY AND Non-member: $380 Non-member: $190 INTER VIVOS INSTRUMENTS: Friday, March 28 BEYOND THE BASICS Monday, March 10 8:30-10:00 AM Thursday, April 10 6 MCLE Credits: 1 Ethics; 3 Skills; 2 6:00 – 8:00 PM BREAKFAST WITH NYCLA: 6:00 – 9:00 PM Professional Practice; Non-Transitional LITIGATING WORKPLACE VIDEO REPLAY- HOW TO AVOID THE INTERSECTION OF Early Registration (on or before 4/26) RIGHTS OF VICTIMS OF ETHICAL PROBLEMS IN YOUR IMMIGRATION AND CORPORATE Member: $175 DOMESTIC VIOLENCE DAY-TO-DAY PRACTICE BUSINESS LAW: COMPLIANCE Non-member: $225 2 MCLE credits: 1 Professional 1.5 MCLE Credits: Ethics ISSUES UNDER THE U.S. Registration Fee (4/27-4/28) Practice; 1 Skills; Transitional and Non- Early Registration (on or before 3/26) IMMIGRATION LAWS WHEN Member: $200 Transitional Member: $75 EMPLOYING FOREIGN LABOR Non-member: $250 Member, public sector and public Non-member: $100 3 MCLE Credits: 1 Ethics; 2 interest attorneys: $35 Registration Fee (3/27-3/28) Professional Practice; Transitional and Tuesday, April 29 Non-member: $50 Member: $100 Non-Transitional 6:00 – 9:00 PM Non-member: $125 Early Registration (on or before 4/8) RECENT CHANGES IN Wednesday, March 12 Member: $125 APPELLATE PRACTICE IN THE 9:00 – 11:00 AM APRIL Non-member: $165 SECOND CIRCUIT HOW TO HANDLE A TRAFFIC Thursday, April 3 Registration Fee (4/9-4/10) 3 MCLE Credits: 2 Professional TICKET 6:00 – 8:30 PM Member: $150 Practice; 1 Skills; Transitional and Non- 2 MCLE Credits: 2 Skills; Transitional VIDEO REPLAY: CONTRACT Non-member: $190 Transitional and Non-Transitional DRAFTING IN INTELLECTUAL Early Registration (on or before 4/27) Early Registration (on or before 3/10) PROPERTY TRANSACTIONS Friday and Saturday, April 11 and 12 Member: $125 Member: $95 2.5 MCLE Credits: 2.5 Skills; Non- 9:00 AM – 5:00 PM Non-member: $165 Non-member: $120 Transitional BRIDGE THE GAP 1: A PROGRAM Registration Fee (4/28-4/29) Registration Fee (3/11-3/12) Early Registration (on or before 4/1) FOR NEWLY ADMITTED Member: $150 Member: $120 Member: $95 ATTORNEYS – TWO-PART COURSE Non-member: $190 Non-member: $145 Non-member: $125 16 MCLE Credits: 3 Ethics; 6 Skills; 2 NEW DVD/CD AUDIO TITLES AVAILABLE FROM NYCLA-CLE: Handling Employment Discrimination Cases - 2007 Terrorism and the Patriot Act - NSA Letters, 6 MCLE Credits: 2Ethics; 2Skills; 2ProfessionalPractice; Going Postal! Our Constitutional Rights Under Siege Non-Transitional 2.5 MCLE Credits: 2.5 Professional Practice; Non-Transitional DVD CD DVD CD Member Price: $235 Member Price: $195 Member Price: $175 Member Price: $150 Non-MemberPrice: $275 Non-Member Price: $235 Non-Member Price: $215 Non-Member Price: $190

Winning Cases in Federal Court- 2007 Protecting and Preserving the Record for 6 MCLE Credits: 1 Ethics; 5 Skills; Non-Transitional Appellate Review DVD CD 2.5 MCLE Credits: 2.5 Skills; Non-Transitional Member Price: $235 Member Price: $195 DVD CD Non-Member Price: $275 Non-Member Price: $235 MemberPrice: $175 Member Price: $150 For more information on these or any of our 75+ programs available Non-Member Price: $215 Non-Member Price: $190 in DVD/CD Audio, please visit our web site at www.nycla.org. Life’s unexpected events shouldn’t cause a free fall.

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Underwritten by: NYCLA Sponsored Member The United States Life Insurance Company Life and Health* Insurance Program in the City of New York, a member company 159 East County Line Road of American International Group, Inc. Hatboro, PA 19040 70 Pine Street New York, NY 10270 *Does not include medical. Affinity Insurance Services, Inc., is the program administrator for the NYCLA Sponsored Member Life and Health* Insurance Program. Affinity Insurance Services, Inc.; in NY and NH, AIS Affinity Insurance Agency; in MN and OK, AIS Affinity Insurance Agency, Inc.; and in CA, AIS Affinity Insurance Agency, Inc. dba Aon Direct Insurance Administrators License #0795465. © 2008 Affinity Insurance Services, Inc. AG5827 E-5955-308 March 2008 / New York County Lawyer 17 18 March 2008 / New York County Lawyer CLASSIFIEDS

WILLS, TRUSTS & ESTATES

FLORIDA ESTATES PROBATE AND ADMINISTRATION

Christopher T. Owen, P.A. 1903 S. Congress Avenue Suite 320 Boynton Beach, Florida 33426 (561) 733-6003

New York Office: 200 Madison Avenue Suite 510 New York, New York 10016 (212) 725-7969

Florida Practice Limited to Wills, Trusts and Estates

BUSINESS CARDS

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Trust and Estate / Personal Hi-net worth / Gift / Foundation / Guardianship / Court Accounting / Tax Returns

Telephone: 631-754-1358 59 Nautilus Avenue Fax: 877-571-4023 Northport, NY 11768 E-mail: [email protected] OFFICE SPACE IT PAYS TO ADVERTISE IN QUEENS COUNTY ROCKVILLE JAMAICA CENTRE NEW YORK 1-2 Offices available, reception area and Reserved Parking. Merrick Road, Elevator, kitchen. Very nice, clean, newly renovated 2500 sq ft, waiting room, secretary area, COUNTY LAWYER office for rent on major street. Good for an conference rooms, private offices. Perfect or attorney in any field. single firm or office suite. Contact: S. Power (718) 322-8338 Near RR. Available immediately. Email: [email protected] Call (516) 764-2725

BROADWAY, 11 Need a NYC Presence? One large windowed office with water view. WALLWALL STREET STREET OFFICE 1 small office, and 1 cubicle. Phone & Mail Service $99.00/mo Mail Service Only 48.50/mo Call: Library, modern, new loft-like space Furnished Offices- Full Time our Hourly Joe Parrino with 2 conference rooms, Conference Rooms (Hourly Rental) ● Support Services file, pantry, copy/mail. Possible referrals. Beautiful Corporate Setting ● Attended Reception Area 631-913-4253 AT 110 Wall Street (11th Floor) Call 212-344-5180. Email:[email protected] www.sri-nyc.com Serious personal injury, seriously pursued.

The Finz firm was founded in 1984 by Leonard L. Finz, a former New York State Supreme Court justice. The tradition of excellence continues with Stuart L. Finz, a prominent and accomplished trial lawyer, who has scored record verdicts and settlements for the firm’s clients. Mr. Finz is a member of the Multi-Million Dollar Advocates Forum and listed in New York Super Lawyers 2007. The Finz firm is a personal injury law firm devoted to aggressively repre- senting the injured and recognized as a leader in advancing the rights of victims. The firm has a team of highly skilled attorneys, the desire to win, and a proven record of results. • $5,000,000 verdict against a chemical company for an explosion victim • $4,500,000 settlement with a hospital that failed to diagnose a cerebral bleed • $20,520,000 landmark product liability verdict for a smoker against Big Tobacco • $8,000,000 settlement with New York State for a victim injured on a tube slide • $22,575,000 verdict for a parent’s death and her childrens’ emotional suffering And many more... You can count on the Finz firm to fight hard on behalf of your clients and to offer them the highest level of respect, ethics, and a continuous commitment to achieve the fullest measure of justice. Call Stuart Finz at (888) FinzFirm for all of your personal injury and medical malpractice referral needs or visit FinzFirm.com.

100 Jericho Quadrangle, Jericho, NY • 44 Wall Street, New York, NY Prior results cannot and do not guarantee or predict a similar outcome.