Employment Agreements Get the Career You Want 2014 Legislative Review We Understand Malpractice Risk Is Always on the Docket

July/August 2014 Volume 25 / Number 1

Employment Agreements Get the Career You Want 2014 Legislative Review We understand malpractice risk is always on the docket.

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CNA-SP-036_LPLAds_r8.indd 1 4/20/11 2:48 PM features contents 8 20 Highlights of a Get the Career You Want Presidency with a Professional COLUMNS Kimberly A. Knox served as Development Coach President’s Message...... 2 president during the 2013-2014 By Jamie Jackson Spannhake Time to Go Pro Bono...... 28 bar year. Read about some of Lawyers often find it difficult Building Your Practice...... 29 the highlights of this busy but to create the careers that they Supreme Deliberations...... 30 rewarding year for President really want. A professional Knox. development coach can help Young Lawyers...... 34 you assess where you are in your career, assist you in 9 developing a plan to take you CBA Hosts 2014 where you want to be, and Connecticut Legal guide you on the path to your Conference success. This article reviews DEPARTMENTS The CBA’s annual legal the steps to follow during this CBA News & Events...... 4 conference was a day filled process. with educational seminars, Ethics Opinion...... 12 networking opportunities, and Court Decisions...... 32 recognition that drew in legal 24 Classifieds...... 36 professionals from throughout The 2014 Legislative the state. This article recaps the day’s events. Session in Review By Bill Chapman Discover the CBA’s role as well as which legislation got passed 16 during Connecticut’s 2014 Employment legislative session. Agreements: Recent Connecticut Decisions Concerning Restrictive Covenants Part 1 By Joseph J. Blyskal Employment agreements restricting the right to compete and limiting the use of confidential information continue to present fertile ground for litigation despite an economic upturn. Part one of this two-part article highlights significant cases over the past year and a half impacting restrictive covenants. The second part will cover non- disclosure clauses and trade secret litigation.

Connecticut Have an idea for an article? Contact [email protected]. LAWYER All suggestions are welcome.

2014-2015 Officers Connecticut Lawyer Staff Manuscripts accepted for publication become the property Mark A. Dubois, President Advertising: Jessica Pace, [email protected] of the Connecticut Bar Association. No compensation is William H. Clendenen, Jr., President-elect Editor: Alysha Adamo, [email protected] paid for articles published. Monte E. Frank, Vice President Executive Director: Douglas S. Brown, [email protected] Connecticut Lawyer Asker A. Saeed, Secretary Graphic Designer: DR Anderson, [email protected] The (ISSN 10572384) is published Matthew D. Gordon, Treasurer Copyright 2014 by the Connecticut Bar Association. All monthly except in January, June, and August by the Con- Sylvia K. Rutkowska, Assistant Secretary-Treasurer rights reserved. The copying, duplication, transferring, necticut Bar Association, 30 Bank Street, New Britain, CT Kimberly A. Knox, Immediate Past President reproducing, reusing, or reprinting of the Connecticut 06051-2276. CBA membership includes a subscription. Lawyer is strictly prohibited without permission. Publication Periodicals postage paid at New Britain, CT, and additional Connecticut Lawyer Advisory Committee offices. Elizabeth C. Yen (Chair), Myles H. Alderman, Jr., Frank S. of advertising does not imply endorsement of products, ser- Berall, Joseph A. Cipparone, Dean M. Cordiano, Jeffrey C. vices, or statements made concerning them. All advertising POSTMASTER: Please send address changes to Dannenberg, Proloy K. Das, Brian J. Donnell, Steven J. Er- copy is subject to approval. The editor reserves the right to Connecticut Lawyer, PO Box 350, New Britain, CT 06050- rante, Emily A. Gianquinto, Theodore W. Heiser, Noah Jon reject advertising. The goal of the Connecticut Lawyer is to 0350. Kores, Charles D. Ray, Fred D. Sette, Gregory A. Sharp, provide a forum for the free expression of ideas. The opin- Jeffrey M. Sklarz, Bolesh J. Skutnik ions and positions stated in signed articles are those of the authors and not those of the Connecticut Bar Association. The Connecticut Bar Association welcomes the submission of articles by its members. For editorial guidelines, please e-mail [email protected]. President’s Message

Building on Our Strengths

Mark A. Dubois is the 91st president of the Connecticut Bar Association. He is counsel with the New London firm of Geraghty & Bonnano where he represents individuals accused of ethical misconduct and malpractice. As Connecticut’s first chief disciplinary Planning Task Force. It included a cross- Today’s lawyer has a wealth of choices. counsel from 2003 until 2011, he established section of the bar, from past presidents to There is more CLE than you could ever at- an office that investigated and prosecuted young lawyers. The purpose was to help tend in a career or a lifetime available on attorney misconduct and the unauthorized us identify why the CBA was important your desk top 24/7. There are more spe- practice of law. Attorney Dubois also serves as an expert witness on matters of ethics and to lawyers and allow us to direct our re- malpractice and teaches ethics at UConn sources and efforts towards advancing boards, colleges, associations, and clubs Law School. those goals and interests. Folks from the thancialty, any affinity, single and lawyer practice-focused could ever bars,join ABA, who arrived to assist us, warned or follow. Social media has created ro- that the tendency in organizations such bust fora where like-minded lawyers can as ours was to go in too many different di- share information and support outside rections, with each new president cham- of traditional bar organizations, with no pioning a new initiative or program until dues obligations. So, to repeat a question I was at a dinner party recently when a the whole group burned out from trying I have heard again and again in the last non-lawyer turned to me and asked me to be all things to all people. It was good two years, “How would my life or career what the CBA was and why it was so advice. be any different if the CBA ceased to exist important that I would put aside lots of tomorrow?” Consider, perhaps, the recip- other things to lead it. All heads turned When I joined the CBA about three dozen rocal question—“What is it the CBA does to me, and I could see some smiles start- years ago, it was only natural to do so. I that no one else does?” ing. “Well,” I said, “funny you should ask. understood it to be the place where I We just completed a strategic review and would meet other lawyers, learn from the For starters, we are the biggest voice of have adopted a plan that will guide us for best, make connections, and advance my the bar at the legislature. Yes, the trial the next few years.” When it became ap- career. I also joined the New Britain bar, lawyers have a presence, but their work parent that I was going to start lecturing because that, too, was natural and expect- is very focused on the type of work their on the importance of the voluntary bar in ed. The NBBA was where I would break members do. We speak for all the bar our system of civil and criminal justice, bread with my colleagues who I was with when we weigh in on issues as diverse as talk soon turned to something else. every Monday at short calendar. The CBA the occupational tax or whether the fami- was where I would get CLE and learn ly court system is broken or has just fallen about what was happening in the practice hostage to a few crazy parents with loud- she assumed the reins of the CBA a year and at the legislature. New Britain social- speakers. Every year we advance legisla- One of the first things Kim Knox did when ago was to put together a Long Range ized me, the CBA trained me. tive initiatives developed by our sections

2 Connecticut Lawyer July/August 2014 Visit www.ctbar.org and committees designed to make their est provider of Connecticut-focused CLE. on access to justice. That enterprise is not work easier or the laws more fair to their Drawing from the expertise of our mem- just altruistic. Too many lawyers have too clients. When the judicial branch wants to bers, we provide many, many high quality little work, while too many working and create new regulations on how we do our learning opportunities on many and var- middle-class folks cannot afford the le- business, we push back. ied topics each year. And every few years gal services they need. To the extent we we run very high quality symposia in ar- We also serve as a platform where our sec- eas such as trial and appellate advocacy. demand sides of this market, we can do tions and committees can meet and work While this has always been one of our core somecan find real a good. way to marry the supply and together to improve their world. Our new strengths, we, like all bars in the country, LGBT Section is a perfect example of this For my money, these are the things that are struggling with competition for CLE strength. When the leaders of this vibrant make the CBA important and relevant. attendance and revenue. We don’t have The cocktail parties, coronations, speech- the resources to produce high quality on- Building on a bar group, they looked at many differ- es, commemorations, award-giving, line CLE, and with the death of the MCLE group first met to explore organizing into cruises, junkets, sock-hops, and relay initiative which would have guaranteed a seeing what the CBA could do, and with races are all well and good, but if the CBA robust base of consumers, this market is Our Strengths ent affiliations they might pursue. After didn’t do them, someone else would. But increasingly becoming a very expensive and have only prospered since. To quote if we ceased to be the voice of the orga- place to compete. Nevertheless, we think myKim grandson, Knox’s welcome, “That’s theyhuge!” joined We theneed CBA to nized bar, if we ceased to advance the that we can still offer something special. attract more groups like that. We can pro- goals of lawyers and their clients at the Finally, the CBA has always championed legislature, if we stopped championing allow these groups to focus on develop- the idea that legal services should be the rights of those without access to law ingvide their the structureidentities and advancing “back office” the and in- available to everyone, and has been a and lawyers, and if we stopped advanc- terests of their members. leader in the statewide pro bono effort. ing the professional development of our members, the bar, and all of us, would be As the Long Range Planning Task Force swamping our courts, we are one of the much worse off. properly noted, the CBA also is the larg- CL fewWith organized the flood barof self-represented groups that is working parties

The New CBA Website Has Arrived!

You are just a few steps away from all of the benefits of our new website.

Learn about the “5 Ps” to help get you started: • Review your Profile • Check your Privacy settings • Set your Preferences • Interact with People • Execute Patience

Visit www.ctbar.org for more information.

Stay tuned for more on how to make the most of the new site in the coming weeks.

Visit www.ctbar.org Connecticut Lawyer July/August 2014 3

Connecticut Bar Association News& Events CBA Celebrates Law Day with Connecticut Students “Reflections on American Democracy: the Historic (and Continuing) Struggle for the Right to Vote”

The Connecticut Bar Association hosted its annual Law Day ceremony on May 5 at the Connecticut Appellate Court in Hartford. This year’s theme was

(and Continuing) Struggle for the Right to Vote,” as declared“Reflections by the on American American Bar Democracy: Association. the Historic The program consisted of a mock press conference and featured two attorneys, a teacher, and a Con- necticut Supreme Court justice playing the roles

struggle for the right to vote. Attorney Lewis Button of four important figures from U.S. history in the played Thomas Dorr, civics teacher Barbara Nidzgor- skiplayed played Gouverneur Alice Paul, Morris, and Justice Attorney Richard Daniel Robinson Krisch played John Lewis. The actors were in full character, dressed in era-appropriate clothing provided by 2014 Law Day participants gathered at the Connecticut Appellate Court in Hartford. the Old State House Museum. Twelve students from - thew Dallas Gordon moderated the event and, after the pro- Litchfield Montessori Middle School in Litchfield, Assumption gram,marks Connecticut from CBA President Secretary Kimberly of the State A. Knox. Denise Attorney W. Merrill Mat School in Manchester, and Westfield Academy in West Hartford presented citations to each of the students. This event was or- actedThe Honorable as reporters Alexandra who questioned DiPentima, each Chiefof the Appellate historic figures. Court ganized by members of the Connecticut Bar Association’s Civ- Judge, welcomed attendees to the ceremony, followed by re- ics Education Committee. CL

Congratulations to the Newest Members of the CBA Congratulations to the 41 new CBA members admitted to the Connecticut bar on June 9. The CBA community is excited to work with you and provide support to enhance your professional growth as an attorney. Welcome to the legal profession and the CBA!

Tania Armellino Elizabeth A. Damm Naomi Hannah Reyes Abigail L. DeMusis David Lattizori Andrea Nicole Richmond Adrienne Leatrice Makana Andelika Ellis ValerieKevin Matthew B. Letendre Lamb Katherine Billings-Smith Bakes Melissa Fernandez Carla Rose Micalizzi Heidi Schmenle Michael M. Bookser Melissa Ann Fortunato Rachel Anne Mirsky JonathanKatie Ann James Roy Sliva Daniel James Brady Marie Elizabeth Francis Bridgitte Mott Michael Paul Steffany Tricia Lynn Brown Leonard Thomas Offutt Christopher J. Cahill Jennifer Ann Pace Ryan Stranko Peter Manuel Chema Jason Kenneth Gamsby Adriana Leigh Parente Khorey Stephen Mary Theresa Clark Kerry Lynn Gless Carolan C. Porter Eric Philip Crockett Brianna Marie Kastukevich Alison Renfrew Kristen Ann Zisa Nicole Steury King Catrina Cartagena Kohn

4 Connecticut Lawyer July/August 2014 Visit www.ctbar.org

2014 CBA- YLS Executive Committee Retreat The CBA-YLS Executive Committee held its annual retreat June 27-28 at the Mystic Marriott where they initiated planning for section activities in the upcoming bar year. CBA President-elect William H. Clen- (L to R): Chair Award recipient Eamonn S. Wisneski; Star of the Year Award recipient Jennifer E. Mira; Rookie of the Year Award recipient Joanna Kor- denen commended the group’s ongoing enthusiasm nafel; Star of the Year Award winners Walter B. Welsh and Suphi Philip; Pub- and encouraged sharing this enthusiasm through in- lic Service Award recipients Jennifer Miller, Caitlin Anderson, and Austin B. volvement in other CBA sections as well as upcoming Johns. association programs such as the Modest Means Ini- tiative. The Honorable Raheem L. Mullins, Connecti- cut Appellate Court judge, was the keynote speaker

professional and personal experiences prior to his appointmentat the luncheon. to theJudge bench, Mullins including reflected as anon assistantboth his state’s attorney for the appellate bureau, division of criminal justice, and shared advice with the over 50 young lawyers in attendance. In addition, the section’s end of the year awards were presented to members who demonstrated outstanding achievement during the course of the 2013-2014 bar year. CL (L to R): CBA President-elect William H. Clendenen, Jr.; 2013-2014 YLS Chair Chris Nelson; Hon. Raheem L. Mullins; and 2014-2015 YLS Chair Emily Gra- ner-Sexton.

In Memoriam at the age of 99. He was the Justus S. Hotch- kissQuintin Professor Johnstone Emeritus passed of awayLaw and on June profes 27- Jeffrey Rosenberg, of Madison, passed away at the end of April. sional lecturer at Yale Law School with a career in legal education spanning nearly - 70 years. He began his higher education He was a graduate of Hunter College of the City University of- Newberg committed York, Lehman himself College, to protecting Fordham the University, rights of and others Quinni and - piacthose University who required School a loud of Law. and As powerful an attorney, voice. Attorney As a union Rosen rep- Quintin Johnstone versitywith a BAof Chicago from the Law University School (1938). of Chicago He resentative for the Connecticut Education Association for 29 went on to obtain an(1936) LLM from and Cornell received Law his School JD from (1941) the Uniand years, he worked tirelessly to advocate for Connecticut’s public - school teachers and more recently traveled to Massachusetts versity presented him with a DHL degree. His legal career even to represent teachers for the Massachusetts Teachers Associa- tooka JSD him from to YaleAfrica, Law where School he acted(1951). as deanIn 1993, and professorQuinnipiac of Uni law tion. Additionally, he was appointed by Governor Malloy as an employee advocate arbitrator for the State Board of Mediation and Arbitration and served as an arbitrator for teacher con- Ethiopia.from 1967 This to past1969 spring, at Haile the Selassie CBA recognized I University him for(now his Addis great tract negotiations for the State Department of Education. At- contributionsAbaba University to legalLaw School), education the byfirst presenting and oldest him law schoolwith the in torney Rosenberg was a member of the CBA Family Law and 2014 Tapping Reeve Legal Educator Award. He was also a past Labor and Employment Sections. recipient of the association’s John Eldred Shields Distinguished Professional Service Award. Professor Johstone held member-

the Standing Committee on Professional Ethics. CL ship in the CBA Unauthorized Practice of Law Committee and

Visit www.ctbar.org Connecticut Lawyer July/August 2014 5

Connecticut Bar Association News& Events Peers and Cheers John W. Herrington, of Carlton Fields Jor- den Burt Windsor, Plainville, Berlin, and Cheshire and can be reached at to the Connecticut State Advisory Committee (860)219-0779.Cheshire. The firm now has four locations, including offices in ’s Hartford office, was reappointed 15-member committee is charged with the Eric D. Knapp, who has spent his law career in land use work, taskby the of evaluating U.S. Commission and reporting on Civil on Rights. civil rights The has been hired as the Town of Clinton’s new zoning and inlands concerns in the state, including justice, voting, discrimination, housing, and education. At- John W. wetlands enforcement officer. Attorney Knapp is a member of Herrington torney Herrington was initially appointed to has helped towns draft zoning and aquifer protection regula- this committee in 2011 and his new term will tionsthe CBA as well Planning as with and development Zoning Section planning Executive in Old Committee, Saybrook, last two years. and has worked with several regional planning agencies, and performed a variety of specialized tasks for planning and zon- Jane Beddall and Jay H. Sandak are both the ing commissions. 2014 recipients of The Honorable Robert C. Dzialo Pickett & Allen PC is pleased to an- The award recognizes and celebrates leader- nounce that Katharine S. Gillespie has been ship,Zampano initiative, Award and for creativity Excellence in inmediation Mediation. in Connecticut. Attorney Beddall is the principal present in both the Middletown and Old Say- of Dovetail Resolutions LLC, a Connecticut- elected a principal of the law firm and will be Jane Beddall the areas of family law, real estate law, probate focus on business mediation, family wealth litigation,brook offices. and Attorneyestates. GillespieShe currently practices heads in based mediation and consulting firm with a mediation, and strategic planning. Attorney Katharine S. the real estate department at DP&A and will Sandak is a partner at Carmody Torrance Gillespie continue to advise and represent families in Sandak & Hennessey and has an active important home purchases and businesses in private mediator and arbitrator practice of commercial disputes, complex personal injury claims, and professional liability mat- complexMark G. commercialSklarz, partner property in the acquisitions Corporate andand financing. Business Law ters statewide. Additionally, both recipients Department of Day Pitney LLP Jay H. Sandak honored by the Anti-Defamation League (ADL) with its 2014 were co-chairs of the CBA Alternative Dispute ’s New Haven office, has been Resolution (ADR) Section for the 2013-2014 Greater New Haven Torch of Liberty Award. The award is given bar year. annually to outstanding citizens and corporations whose ex- traordinary work has helped strengthen the greater New Ha- Samuel L. Braunstein, a member of the Fair- ven community, including civil rights advocacy and a commit- Braunstein and Todisco PC, ment to equal opportunities and fair treatment for all. was honored by the Greater Bridgeport Bar Associationfield law firm as of a recipient of the Career Ser- (L to R): Gary vice Award at its annual meeting. The award Jones (ADL Direc- is presented annually to an attorney who has tor, Connecticut Region), Carlton devoted his or her professional life in the law L. Highsmith Samuel L. to representing clients and community, while (CONNCAT Chair- Braunstein always upholding the highest ethical stan- man-he was the dards, demonstrating legal acumen and ac- other honoree), and Mark Sklarz complishment, and demonstrating public service to the Great- er Bridgeport community. Samuel V. Schoonmaker III, of counsel at is pleased to announce that Pavano & van der Werff LLC Pe- Schoonmaker George & Blomberg PC in ter C. Bowman Greenwich, has been named the recipient of Attorney Bowman is a leading advocate in the area of plaintiff’s has joined the firm as a senior trial attorney. the Connecticut Law Tribune’s 2014 Lifetime personal injury lawsuits and workers’ compensation claims. Achievement Award. For more than 40 years, - Attorney Schoonmaker has left his distin- cellence in trial work and will assist with its growing number guished mark on family and matrimonial law ofAttorney attorney Bowman referrals. will To continuebetter serve the its firm’s clients reputation and referring of ex Samuel V. in Connecticut. CL Schoonmaker III attorneys, the firm also recently opened offices in Berlin and

6 Connecticut Lawyer July/August 2014 Visit www.ctbar.org

The CBA Welcomes Attorney Douglas S. Brown as Its New Executive Director

On July 1, Douglas S. Brown began his Having invested the last 20 years of his career helping people role as the executive director of the and organizations become more effective, Brown has served as Connecticut Bar Association. He will a coach, consultant, educator, and speaker, with extensive ex- lead the over 9,000-member organiza- perience in the legal industry, law practice management, and tion to accomplish its core missions of organizational development. In addition to 13 years as a prac- creating opportunities for the growth ticing attorney, he has served in a variety of business growth and development of the practice of law, and development roles for a multi-national corporation as vice advocating for Connecticut’s attorneys president of operations administration and global vice presi- and legal professionals, promoting and dent of aftermarket management. engaging in community service, and Since 2008, Brown has been an academic program manager of advancing justice and the rule of law. the MBA program at the The Malcolm Baldrige School of Busi- Since stepping in on a consulting basis as acting executive director in October of last year, Brown has been instrumental in courses in business strategy, organizational development, stabilizing the association’s operations, developing the CBA ness at Post University. In this role, he designed and taught strategic plan, upgrading the technology infrastructure, and has extensive experience as an executive coach and consultant improving business processes. leadership, innovation, finance, and entrepreneurship. He also - “The Board of Governors’ decision to extend a permanent po- gieswith Group. his firm Pelorus Advisors and as an affiliate to a variety of sition to Doug is an endorsement of the successful programs, other firms, including SuccessTrackESQ and the Career Strate projects, and improvements that have occurred during his ten- “Doug Brown is a very talented lawyer and administrator. He ure as acting executive director. During that time, Doug was has accomplished remarkable successes in his tenure with us. instrumental in bringing a refreshing energy and positive mo- - mentum to the CBA. I congratulate Doug on the many successes der his capable guidance,” said CBA President Mark A. Dubois. Things will continue to improve and the CBA will flourish un As a Cheshire resident, Brown is active in his community, serv- that with Doug as executive director, the CBA will continue on ing as a board member of the Cheshire Education Foundation thisover path the pastof success nine months. into the Morefuture,” importantly, said CBA Immediate I am confident Past and as the voice of the Cheshire High School Rams football, lacrosse, and basketball teams. CL PresidentBrown has Kimberly maintained A. Knox. a long-standing involvement in the CBA, which includes writing a column about practice management for the association’s member magazine, Connecticut Lawyer, and serving as former chair of both the Young Your strategic resource Lawyers Section and the Small Firm Practice for resolving complex Management Section. Additionally, he has also been a frequent presenter of continuing financial matters legal education (CLE) on productivity and law practice management. Embezzlement. Fraud. White collar crime. “I am honored and privileged to have this Unfortunately, they’re all too common in business. opportunity to serve our members and all Uncovering the truth requires integrity, determination lawyers in the state. I have had the chance and experience. Forensic Accounting Services to really understand what we need as an as- provides over two decades of expertise in digging sociation and the level of energy and skill deep into the facts. We find the missing pieces you need it will take to achieve our goals. I’ve been to succeed. Contact us today to help you build a solid, working with our president and board as fact-based strategy for your tough financial cases. well as our future presidents and dedicated staff. I know we will work effectively togeth- forensic accounting services, llc er as a strong team to make the CBA the best Piecing together financial puzzles™ it can be,” said Brown. 2389 Main Street, Glastonbury, CT 06033 | www.forensicaccountingservices.com | 860-659-6550

Visit www.ctbar.org Connecticut Lawyer July/August 2014 7 Highlights of the Presidency Kimberly A. Knox 2013-2014 Bar Year

During her notable year as CBA presi- - Demonstrating her continued support paralleled energy to confront chal- of civics education, President Knox dent, Kimberly A. Knox brought un was on-hand to welcome students, lenging and longstanding association teachers, and guests from across matters as well as undertake many the state to the CBA’s 2014 Law Day Ceremony. as president, she was able to address somenew endeavors. of the largest As one issues of her that first the acts association and the bar face by appoint- ing numerous essential task forces, including a CBA Constitution Task Force, Keynote speaker Dr. Orestes J. a Continuing Legal Education Advisory Arcuni, MD and President Knox at Task Force, a Long Range Planning the Impaired Lawyers Symposium Task Force, a Membership Software held in October 2013, where panel- and Hardware Task Force, a CBA Head- ists opened up diaglogue on the tough issues surrounding impair- quarters Building Task Force, and a ment that legal professionals can Law Librarians’ Database Evaluation face in both their careers and per- Task Force to study the issue of the as- sonal lives as well as the available sociation’s “cases and codes” provider, treatment options. all of which resulted in research and reports that will act as guiding documents for the association for years to come. President Knox was a proponent of the CBA’s new annual awards event, She led the CBA in undertaking neces- “Celebrate with the Stars,” and was sary changes, such as improved sup- instrumental to its success. She is pictured with the Honorable Susan B. port to sections and committees and Handy, recipient of the 2014 Henry J. enhanced membership services and Naruk Judiciary Award. in the advancement of the association’sbenefits. technology Additionally, both internally she invested and through the selection of new mem- President Knox welcomed new bership software and a new website, attorneys to the bar and stressed the which launched in July 2014 and will importance of joining the CBA as a allow members to access information, professional organization, emphasizing collaborate, and engage with one an- the benefits and opportunities for professional development, networking, other like never before. and participation in beneficial programs - and projects as well as their significance as the future of the bar. pion for the CBA and its membership throughoutPresident Knox the was2013-2014 a tireless bar cham year. CL

To commemorate her presidency, Attorney Knox was presented with the book Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms and a small gift by incoming President Mark A. Dubois as a token of appreciate for her efforts this year.

8 Connecticut Lawyer July/August 2014 Visit www.ctbar.org CBA Hosts 2014 Connecticut Legal Conference Platinum Sponsor Platinum Sponsor Gold Sponsor Silver Sponsor On June 16, the Connecticut Bar Association held the Connecticut Legal Conference at the Connecticut Con- vention Center in Hartford. As the largest gathering of legal professionals in the state, the revamped event brought together over 900 members of the legal community and provided enhanced educational programs to attendees. The day was newly-formatted to allow attendees to choose four 90-minute sessions from over 50 individual programs across 12 tracks, whose topics included traditional substantive law programming as well as robust marketing, technology, and practice management tracks featuring both regional and national speakers. The CBA Annual Luncheon and annual meeting, where organizational business was conducted, marked the halfway point of the day and all attendees were welcome to attend. The luncheon began with remarks from Attorney General George Jepsen. Following, Margaret

(L to R): The 2014 CBA officers: President Mark A. Dubois, Secretary P. “Penny” Mason was pre- Asker A. Saeed, Treasurer Matthew D. Gordon, Immediate Past Presi- sented with the 2014 Ed- dent Kimberly A. Knox, President-elect William H. Clendenen, Jr., and ward F. Hennessey Profes- Vice President Monte E. Frank. sionalism Award. (See page 11 to read her inspirational speech.) Additionally, the Half-century Awards were presented to members of the bar admitted in 1964 Attorney General George and in recognition of judges Jepsen spoke to attendees taking senior or referee sta- during the luncheon. tus. The luncheon ended

with the installation of the new officers for the 2014– 2015President, bar year: Mark A. Dubois of Geraghty & Bonnano LLC in New London President-elect, William H. Clendenen, Jr. of Clendenen & Shea LLC in New Haven Vice President, Monte E. Frank of Cohen and Wolf PC Connecticut Legal Conference attendees engaged during a presenta- in Danbury tion from the nation’s foremost teacher of deposition cross-examination, Robert Musante.

Visit www.ctbar.org Connecticut Lawyer May/June 2014 9 Secretary, Asker A. Saeed of Day Pitney LLP in Hartford Treasurer, Matthew D. Gordon of Matthew Dallas Gordon LLC in West Hartford Assistant Secretary-Treasurer, Sylvia K. Rutkowska of Dzialo Pickett & Allen PC in Middletown The CBA’s Immediate Past President Kimberly A. Knox of Horton Shields & Knox PC in Hartford 91st President “being CBA president was the greatest experience of my lifetime.”In her Afterclosing she remarks passed asthe president, gavel to incoming Kim Knox President reflected Mark that Mark A. Dubois is Dubois, he remarked that his presidency would be a success if counsel with the New London firm of for during her presidency. He noted that some of the best ad- Geraghty & Bonnano vicehe could he received implement about half goals of what for Kimhis presidencyhad laid the was groundwork to “leave where he represents the place a little better than when you started.” individuals accused of ethical misconduct and malpractice. He also serves as an expert witness on matters of ethics and malpractice. Attorney Dubois was Con- necticut’s first Chief Disciplinary Counsel from 2003 until 2011, in which he established an office that investigated and prosecuted attorney misconduct and the unauthorized practice of law. Additionally, he has been board certified in civil trial advocacy by the National Board of Legal Specialty Certification for over 20 years. As a frequent lecturer, he has presented on at- Over 750 attorneys attend the CBA Annual Luncheon to honor award winners and view the installation of the new CBA officers. torney ethics and malpractice both in Connecti- cut and nationally. Attorney Dubois teaches ethics at the University of Connecticut School of Law and has taught ethics at Quinnipiac University School of Law where he was distinguished practitioner in residence in 2011. He has also taught trial advocacy and legal research and writing. Additionally, he is co-author of Connecticut Legal Ethics and Malpractice, the first book devoted to the topic of attorney ethics in Connecticut as well as a weekly con- Attorneys who have been practicing for 50 years and judges taking tributor to the Connecticut Law Tribune where senior or referee status were recognized at the CBA Annual Luncheon. he writes the “Ethics Matters” column. In addition to being an officer of the CBA, he is a member of the association’s Professional Discipline, Unauthorized Practice, Pro Bono, and Mentoring Committees. He is a member of the New Britain, New London, and American Bar Associations as well as the Association of Professional Responsibility Lawyers. He is the recipient of the Quintin Johnstone Service to the Profession Award in 2012 and the American Board of Trial Advocacy, Connecticut Chapter, Annual Award in 2007. CL

Staff member Marquita Peterson provided a preview of the new CBA website and was available to answer members’ questions at the CBA booth in the exhibitor hall. 10 Connecticut Lawyer July/August 2014 Visit www.ctbar.org as attendee bag sponsor The Perfect Promotion; Networking for all attendees to mingle with colleagues and discuss the Breakfast sponsors Lawyers Concerned for Lawyers-CT and day’sImmediately events and following the year the to final come seminars, over cocktails, a reception an assortment was held ADNET Technologies LLC; evening reception sponsor Blum- of appetizers, and light entertainment. Shapiro; marketing track sponsor eVision; practice management track sponsors ImageWorks and LawPay; technology The CBA would like to thank all those who helped make the track sponsor ADNET Technologies LLC; trial practice track Connecticut Legal Conference a great success—the attendees, sponsor CohnReznick; headshot photography sponsor Cyn- the nearly 40 exhibitors, event supporters, and event spon- thia McIntyre Photography; laptop charging stations sponsor sors, particularly Platinum sponsors Webster Bank and Ger- We Care Computers LLC; on-demand printing sponsor Stan- aghty & Bonnano LLC; Gold sponsor Kronholm Insurance dard Register; and refreshment break sponsors CRC Services Services; Silver sponsor Horton Shields & Knox PC as well LLC and The Andriole Group HighTower Advisors. CL

Penny Mason Presented with the 2014 Edward F. Hennessey Professionalism Award Margaret P. “Penny” Mason, a partner at LeClairRyan, was chosen as the 2014 recipient of the CBA’s Edward F. Hennessey Professionalism Award. As the first female to receive this honor, she was chosen for her dedication to the highest ideals and standards of the legal profession; her demonstration of integrity, character, competence, ethics, civility, and mentoring over the course of her career; and her work to enhance the public’s perception of the legal profession. Below is her acceptance speech. swagger, scorched earth tactics, and general meanness. CBA annual awardees (Stars Sometimes the client doesn’t get that you don’t have to be ofJudges, April CBA 3), officers,the Standing recent a jerk to get good results, just because the other side is act- Committee on Profession- ing like one. But they learn. We teach them. And we teach alism, honored guests, and the younger lawyers whom we mentor. In order to be prepared, enabling one to be civil and suc- friends:I am truly honored, awed, cessful, one requires support. I have been lucky to have actually, to receive this the support of my partners and colleagues at LeClairRy- award. To me, a Profes- an, including our wonderful staff, and at Tyler Cooper & Penny Mason during her sionalism award is the No- Alcorn before that. And importantly, I have enjoyed the acceptance of the 2014 Ed- bel Peace Prize of the law. I support of family, represented here today by my daughter ward F. Hennessey Profession- alism Award. couldn’t be more proud. It Amy Mason-Mann, and of my late husband and law part- is astounding to me to be joining such amazing lawyers ner, Sam Bowlby, who I am sure is with us today, grinning whom I have held in highest esteem, a number of whom broadly. are or were friends, including a former partner. I am also As I said when I started, this is the Nobel Prize for award. pleased and honored to be the first woman to receive this lawyers—that’s how high- When he called me about this honor, Lou Pepe suggested ly I regard it, proud that that I might say a few words about the importance of pro- our bar acknowledges the fessionalism and civility in the practice of law. - alism and civility in our What is professionalism, civility? I think it simply boils practices.significance And of professionproud that down to being nice. Respectful. Truthful. Reliable. Treat- you found me worthy. -

versaries, perhaps, but as colleagues in a profession, not Then-CBA President Kimberly The late wonderful Maya asing business other lawyers competitors. the way Do I wantnice people to be treated: win cases? as adOf A. Knox presented Penny course they do! Just look at the list of prior recipients of Mason with the award. learned that people will this award. forget what you have said; peopleAngelou will forget said: what “Iyou have did, but people will never forget the way you made them feel.” How can one be nice and achieve winning results for the Lawyers need to remember this. client? A successful lawyer is one who is prepared—who knows the facts and law better than anyone else in the I feel wonderful right now, and I’ll never forget how you, room. Preparation enables a lawyer to be nice because it my friends, have made me feel. CL is not necessary to mask lack of preparation with bravado,

Visit www.ctbar.org Connecticut Lawyer July/August 2014 11 Formal and informal opinions are drafted ETHICS OPINION by the Committee on Professional Ethics in response to inquiries from CBA members. For instructions on how to seek an informal opinion and to read the most recent informal opinions, see the CBA Web page for the Committee on Professional Ethics at www. ctbar.org/?ProfessionalEthics. CBA members may also research and review formal and Payment of informal opinions in Casemaker. Advance Fees and Costs by Credit Card opinion, we explain the mechanics of fees provides that absent a written agreement Informal Opinion and chargebacks, and how the lawyer ac- providing otherwise, a lawyer shall hold 2014-02 cepting advance payment by credit card advance payment of fees and costs as should handle them. client-property in a trust account that is In 2005, this committee opined that the separate from the lawyer’s own property. Connecticut Rules of Professional Con- We have reviewed the ethics opinions and Such advance payments must be held in duct permit a lawyer to receive client pay- IOLTA rules of various other states. Sever- an IOLTA account if the lawyer determines ments by credit card. Informal Opin- al states have, in recent years, addressed See that the funds would not earn income for ion 05-14 (2005) (Client Payments via credit card payments through amend- the client in excess of the costs incurred Pay Pal Account and Credit Card). We now ment of their counterpart2 of Rule 1.15 in an individual trust account.4 Funds may address this question in greater depth of the Connecticut Rules of Professional only be withdrawn when fees are earned and in view of developments in the credit Conduct; this rule generally requires safe- or costs incurred. card processing market. The primary keeping of client property and is summa- question before the committee is whether rized below in pertinent part. While some Credit Card Fees rules permit a lawyer to accept advances for fees and costs by credit card payment, of advance payments of fees or costs by services industry practice, a vendor ac- ethics opinions3 flatly proscribe receipt As we understand the current financial and if so, what precautions and practices credit card, this is a distinctly minority cepting credit card payments will have the lawyer should follow in order to com- position. a merchant bank account to which such ply with the rules. We discern a consensus on what consti- payments are credited. Normally, credit card processing fees are debited from Enabling a client to use a credit card to tutes best practices, which we discuss be- the merchant bank account. A typical fee pay already incurred fees or costs or to low. As a preliminary matter, we note that many states require that a lawyer obtain is about 2.5 percent of the transaction the client’s written consent to payment amount. systempay in advancejargon) and can the be client a benefit as the to card both- by credit card—for fees already earned Consistent with the ethical opinions or holder.the lawyer For the as thelawyer, merchant there is (in assurance financial and costs already incurred, as well as for rules of other jurisdictions that have adof timely payment.1 For the client, there dressed this issue, we opine here that, in the Connecticut Rules of Professional absent client consent to the contrary, a advance payments. We do not find a basis over time the actual disbursement of Conduct for such a requirement, but we lawyer must pay out of the lawyer’s own is a benefit of deferring or spreading out- do recommend obtaining such written funds any fee associated with payment by ing “points” on the client’s credit card. consent before the lawyer accepts any credit card. While credit card fees are not Furthermore,funds, and frequently use of the the creditbenefit card of earn sys- credit card payment from the client. A explicitly addressed in Rule 1.15, a law- properly crafted consent and engagement tem enables a lawyer to provide a client yer’s overarching duty under the rule to agreement may reduce the likelihood of a with necessary and timely legal services safeguard the client’s property leads us chargeback. in situations where the client is presently to conclude that the lawyer must absorb unable to make a fee payment or advance Connecticut Rule of Professional Conduct such charges—that is, must treat them as payment that the lawyer reasonably re- 1.15 (Safekeeping Property) does not an overhead cost or ordinary cost of doing quires. Of course, the banking system and restrict the type of account into which business—unless the client has in writing credit card processing system have asso- payments for fees already earned or agreed to some other arrangement.5 This ciated costs and these costs are usually costs already incurred may be deposited, is true whether the client payment rep- recovered from both the card holder and whether payment is made by cash, check, resents an advance for fees or costs, or the merchant receiving the payment. debit card, credit card, or other electronic constitutes fees already earned or costs funds transfer means. Such payments are already incurred. the lawyer’s property. lawyer handles (1) credit card process- Rule 1.15(d) provides that advance pay- ingThere fees, are andtwo principal(2) chargebacks. issues: How In thisthe As we discuss further below, Rule 1.15 ments may only be deposited into a “cli-

12 Connecticut Lawyer July/August 2014 Visit www.ctbar.org ent trust account,” which we understand back period has expired, in our opinion count or the operating account—should to be either the lawyer’s IOLTA account or unless a lawyer’s fund management sys- be credited with a given credit card pay- an individual trust account that the law- - ment, while the lawyer’s operating ac- ing IOLTA account funds of one or more count would be charged all credit card absent a written agreement providing clientstem is to sufficient the possibility to avoid of riska chargeback of expos fees and chargebacks. otherwise.yer maintains This for means the benefit that when of the advance client, debit associated with another client, then Financial professionals have advised payments are made by credit card, the the lawyer should not use such arrange- the committee that there are credit card lawyer must, absent written client con- ment. processors (entities whose purpose is sent otherwise, immediately deposit the For credit card payments of already to facilitate the transaction between the lawyer’s own funds into the client trust earned fees and incurred costs, the typi- card-issuer bank and the merchant bank) account to cover any charge that has been cal arrangement is to have the lawyer’s debited from the client’s payment by the operating in Connecticut that enable law- operating account be the merchant ac- card-issuing bank or processor.6 As indi- yers to have two credit card merchant account into which payments are credited cated in the next section of this opinion, counts in accordance with the procedures and from which fees and chargebacks are there exist commercial credit card pro- we have recommended. See www.lawpay. debited. This arrangement does not im- cessing businesses which represent that com, www.lawcharge.com, and www.at- plicate any provision of the Rules of Pro- 9 their services enable a lawyer to avoid ticus.com. fessional Conduct. If the lawyer and client having the lawyer’s IOLTA account absorb desire that advance payments be made There may well be alternative ways of the cost of the credit card fee, by charging by credit card, however, the best way to complying with the requirements of Rule the fee to an account (designated by the ensure compliance with Rule 1.15(d) (re- 1.15. We recommend the procedures lawyer) that contains only the lawyer’s quiring that lawyers place client funds in set forth above because they ensure the funds—e.g., the lawyer’s operating ac- a trust account), Rule 1.15(e) (providing proper handling of credit card processing count. that lawyers may comingle client funds fees and avoid comingling of client prop- Chargebacks only in an IOLTA account), and Rule 1.15 erty and the lawyer’s property, even for a A credit card holder may dispute the va- as a whole (requiring that lawyers safe- short period of time. However, we opine lidity of a charge after having authorized guard all client funds) is for a lawyer to that it would also be permissible for a the credit card payment, commonly by credit card advance payment to be credit- asserting that the goods and services the IOLTA account for receiving fees and ed to a lawyer’s operating account provid- have two different merchant accounts: bargained for have not been delivered costs paid in advance, and the lawyer’s ed such advance payment is without delay as agreed upon. In such a circumstance, operating account for debiting all credit transferred to an IOLTA account (or to an the holder (for our purposes, the client) card fees and chargebacks—as well as for individual client trust account). As long as acting through the holder’s card-issuing receiving payments of earned fees and the funds are immediately transferred to bank can cause a “chargeback”—a debit incurred costs.8 With such an arrange- a client trust account, their initial receipt from the bank account of the merchant ment in place, the lawyer would be able to into the lawyer’s operating account may (here, the lawyer)—of the prior autho- designate which account—the IOLTA ac- be understood as facilitating the transac- rized credit payment. We have been advised by several credit card processors that a chargeback typically will be made within one or two months, but that as many as nine months may elapse between the payment credit and the chargeback debit. A chargeback can be contested by the lawyer within the rules of the banking and credit card processing systems.7 Rule 1.15(e) requires that when a lawyer keeps funds belonging to different clients, those funds may be comingled only in the lawyer’s IOLTA account. Any chargeback that debits the IOLTA account would debit the entrusted funds of other clients if a client initiates a chargeback after the lawyer has withdrawn part or all of the advance payment. While it might be possible to manage an IOLTA account so that a client’s advance payment would not be withdrawn until the allowable charge-

Visit www.ctbar.org Connecticut Lawyer July/August 2014 13 ETHICS OPINION tion between the lawyer and the client. actually belong to the client. Referral fees are governed by Rules of In these circumstances, the funds are not 7. The committee has been informed by Professional Conduct, Rule 1.5, which “held” or “kept” with the lawyer’s prop- provides, in relevant part, that a division chargebacks to lawyers occur infrequently erty, which is prohibited by Rule 1.15(b). andfinancial are often services decided professionals in favor of that the of fees between lawyers who are not in See Informal Opinion 05-14 (opining that lawyer. The Supreme Court recently held where a client pays unearned fees through that the federal Credit Repair Organiza- The client is advised in writing of the tions Act does not preclude enforcement PayPal to the lawyer’s operating account compensationthe same firm maysharing be made agreement only if: “(1)and of a written agreement obligating the and the lawyer within 24 hours transfers client to arbitrate the dispute underly- of the participation of all the lawyers in- the funds to a trust account, Rule 1.15(b) ing the chargeback. CompuCredit Corp. v. volved, and does not object; and (2) The is not violated because the operating ac- Greenwood, 132 S. Ct. 665 (2012). total fee is reasonable.”2 count is merely a “temporary conduit” to 8. See, e.g., North Dakota Ethics Opinion 09-05 (2009); State Bar of Michigan Ethics The Rules of Professional Conduct, its receive and transfer client funds). Opinion RI-344 (2008); Oregon Bar Assoc. commentary, case law, statutory law, and Formal Opinion 2006-172 (2005). the Practice Book are all silent on the is- Other Issues 9. See also Connecticut Bar Association Any credit card transaction must be con- sue of whether an attorney can be paid a - “LawPay—Credit Card Processing for referral fee based on the total fees billed ments of Rule 1.6, and the communica- Attorneys.”Membership See Benefits, also, advertisement Office Savings, of law- in a non-contingency case. No rules or pay.com in , September tionsistent requirements with the confidentiality of Rule 1.4. The require client, Connecticut Lawyer statutes prohibit such arrangement and 2013. as well as the lawyer, should understand we have not found any prior Informal that entities such as banks and credit card Opinions or Grievance Decisions address- processing companies may routinely be ing this scenario. As such, we believe that able to access and question credit card Referral it is permissible for an attorney to pay transactions of the client. If in that connection a merchant-lawyer is required Fee in Non- fee based on the total fee billed in a non- to give any information about the nature contingencyan attorney fee in anothercase, so officelong as a the referral pay- of the charge, we suggest it should be no Contingency more revealing than “legal services” or 1.5 and so long as the referral fee is not “professional services.” Fee Action contingentment satisfies upon the the requirements outcome of the of case. Rule See Rule 1.5(d). We reiterate that in order A lawyer making arrangements to receive Including to receive any such referral fee, the fol- payments by credit card should also be mindful of the requirements of pertinent Family Matters the client must be advised in writing of - thelowing compensation conditions sharing must be agreement; satisfied: (1)(2) dards—such as the Truth in Lending Act, the client must be advised in writing of thetax laws,Electronic financial Fund regulations, Transfer Act, and Inter stan- Informal Opinion the participation of all of the lawyers in- nal Revenue Code Section 6050W, and 2014-03 volved; (3) the client must not object; and the Payment Card Industry Data Security (4) the total fee must be reasonable. Standards (PCI-DDS). Attorney A seeks answers to the following We decline to provide an opinion on what attorney to pay to an attorney in another is an appropriate referral fee, because Notes two questions: (1) Is it permissible for an 1. See Amy Porter, “Why It Pays To Accept the amount of the referral is not of ethi- Credit Cards,” May/ billed in a non-contingency fee case?; and cal concern, so long as the total fee is rea- June 2011. (2)office If asuch referral a referral fee based fee onis permissible,the total fee 2. See, e.g., WisconsinConnecticut associated Lawyer, with credit sonable. The attorneys are therefore left card payments. See, e.g., North Dakota what is the appropriate percentage of the to negotiate the portion of the total fee Rule 1.15(b). The committee believes that billable fees that should be paid to the re- that will be paid to the referring attorney, Connecticut’s Rule 1.15(c) should likewise ferring attorney for the referral fee? while keeping in mind the requirements be updated. Even without an amendment, of Rule 1.5 that the client be advised in however, we believe that Rule 1.15, en- Attorney A has advised that his or her in- titled “Safekeeping Property,” not only per- quiry is in regards to family cases includ- writing and that the client not object. mits but requires that the lawyer deposit ing but not limited to divorce, custody, the lawyer’s own funds to an IOLTA or child support, legal separation agree- other client’s trust account to cover credit Notes 1. This opinion does not address situations card fees, absent a written client agreements, prenuptial agreements, and all where the referring attorney was appointed ment saying that the client will absorb other family related issues not requiring a as a guardian ad litem or as an attorney for such fees. In the absence of the client’s Court appointment.1 Also, Attorney A has the minor child. written agreement to pay credit card fees, stated that his or her inquiry extends to 2. See Informal Opinion 2013-04, Referral Fee we consider the lawyer’s payment of the other cases that are billed on an hourly for Action Against Former Client, fees by depositing the lawyer’s own funds “(e)ven though a referring attorney is into an IOLTA or individual trust account basis. We have no other facts regarding required neither to provide services in nor to to be payment to the account of funds that the inquiry. assume joint responsibility for the represen-

14 Connecticut Lawyer July/August 2014 Visit www.ctbar.org tation in the referred case, we believe that The Connecticut Rules of Professional Rule 1.5(e) by necessary implication requires Conduct do not prohibit such arrange- partnership, corporate, “of counsel” or that each lawyer receiving a fee from the otherdeceived relationship or misled between that there the is attorneysany firm, representation of a client establish a lawyer- - when no such relationship exits. * * * If a client relationship with the client and, as an source-sharing attorneys implement and attorney for the client, be bound by the Rules maintainments, so appropriate long as your safeguards firm and allto rein- potential client appears confused about of Professional Conduct, even if the scope of the relationship among the attorneys in the lawyer-client relationship is the referral such an arrangement, the attorney should itself.” take steps to resolve this confusion, in- Rulesure compliance1.15 (Safekeeping with the Property),following Rules: Rule 7.1Rule (Communications 1.6 (Confidentiality Concerning of Information), Law- yer’s Services), and Rule 7.5 (Firm Names cluding making an affirmative disclaimer- Sharing Law and Letterheads). As we have previously of any affiliation with the other attorneys in the shared office space.” D. C. Bar Eth Office arrangements, we refer you to the fol- ics Opinion 303 “Sharing Office Space opined on many aspects of office sharing (2001). These same concerns should be addressedand Services when by entering Unaffiliated into Lawyers” regular Resources (Regarding Letterhead, Business Cards resource-sharing arrangements. with Non-firm andlowing Other opinions: Listings Informal for Attorneys Opinion 97-09Shar- In conclusion, the resource-sharing ar- Lawyer Informal Opinion 98-11 (Attorneys Shar- rangements that you propose are per- ing Office Space Who are Not Partners); mitted by the Connecticut Rules of Informal Opinion Professional Conduct provided that all ing Office Space and Information); Formal 2014-04 partner Attorneys); and, Informal Opin- participating lawyers implement and ionOpinion 05-18 40 (Advertising (Sharing of by Office Attorney by Non- Li- maintain appropriate safeguards to pre- censed but not Resident in Connecticut). safekeeping of client property, and make You ask if a lawyer who is not affiliated serve client confidentiality, maintain the- with your law firm may regularly use your and phone system. You indicate you plan arrangement must ensure that in all com- ated with one another in any way, other firm’s mailing address, conference room, “Attorneys involved in an office-sharing to charge a fee for such regular usage of munications made about the nature of thanclear thatin their the lawresource-sharing practices are notarrange affili- their practice, the public is not confused, these resources. ment. CL

Connecticut Bar Association Animal Law Section and Yale Law School’s Student Animal Legal Defense Fund proudly present: The Agricultural Gag Laws–Your First Amendment Rights, Your Health, Animal Welfare, and Our Environment

Saturday, September 27, 2014, 10:00 a.m.–5:00 p.m. Yale Law School, New Haven Cost: General Admission, $20, Law Students, $10, Yale Law Students, Free. Lunch will be included. Eight states currently have agricultural gag laws that criminalize whistleblowers who expose animal cruelty and food safety issues in farming practices through undercover investiga- tions, and many other states have considered or are considering such legislation. This year’s conference will examine the impact of these laws on freedom of speech, health, food safety, consumer advocacy, animal welfare, and the environment. The conference will bring together prominent individuals and activists from the animal law, food law, health law, and journalism fields. The keynote address will be delivered by the Humane Society of the United States CEO Wayne Pacelle. Speakers Include: Amanda Hitt, Director of the Food Integrity Campaign, Government Accountability Project Matthew Liebman, Senior Attorney, Animal Legal Defense Fund’s Litigation Program Mickey Osterreicher, General Counsel, National Press Photographers Association Wayne Pacelle, CEO, Humane Society of the United States Taylor Radig, Social Justice/Animal Rights Activist Paige Tomaselli, Senior Attorney, Center for Food Safety Visit www.ctbar.org to register or contact the CBA Member Service Center at (860)223-4400.

Visit www.ctbar.org Connecticut Lawyer July/August 2014 15 Joseph J. Blyskal is an associate in the Insur- ance and Bad Faith, Commercial Litigation, and Employment Law practice groups at Gordon & Rees LLP in Glastonbury. His practice focuses on insurance coverage disputes, commercial disputes, including professional liability and fiduciary litigation, and contractual and non-contractual employment matters. He is the past chair of the CBA-YLS Labor and Employment Committee and the Employment incoming co-chair of the CBA Insur- ance Law Committee. Agreements: Recent Connecticut Decisions Concerning Restrictive Covenants Part 1 By Joseph J. Blyskal

16 Connecticut Lawyer July/August 2014 Visit www.ctbar.org Over the last year there have been a substantial number of decisions concerning the enforceability of restrictive covenants in employment agreements by courts in Connecticut. The decisions are primarily

District Court for the District of Connecticut. The state appellate courts and thethose Court of the of Appeals Connecticut for the Superior Second Court, Circuit with have one not from spoken the onUnited controlling States issues recently. The trial court decisions continue to provide helpful guidance and persuasive arguments for and against what our courts regard as reasonable restraints on trade.

At the same time, many recent decisions exercise the utmost good faith, loyalty of the particular situation.”10 address issues arising under the Connect- and honesty toward his principal or em- of unreasonableness in any one of the cri- 1 ployer.”4 An employee can prepare to teria is enough to render the covenant “[A] finding un- compete while employed, but cannot ac- enforceable.”11 The same set of factors ap- information.icut Uniform Employment Trade Secret contracts Act (CUTSA) fre- tively compete until his employment has plies whether the covenant is one against quentlyor relating set to forth confidential both restrictive or proprietary cov- ended.5 competition, solicitation, or sales. enants concerning competitive conduct by restrictive covenants concerning post- These rules are often modified While none of the recent Connecticut de- and clauses concerning protection of employment competitive activity, such cisions alter these basic governing stan- as the ability to compete with the former dards, there have been a series of written This article surveys those recent Connect- employer and the right to solicit or sell decisions by trial courts on dispositive icuttrade decisions secrets or that confidential bear on the information. issues that to former clients of, or clients learned of motions, and more importantly from a should be considered when drafting such while employed by, the former employer. factual perspective, on applications for agreements or litigating their enforceabil- The ordinary rules of contract interpre- preliminary injunctions and following - tation apply to restrictive covenants, but court trials. ticles addressing the distinct but interre- ity. This is the first in a series of two ar such agreements are enforceable only if lated topics of restrictive covenants (Part “their imposed restraint [on trade] is rea- Rulings on Pre-trial Motions 1) and trade secret protection (Part 2) in sonable.”6 Whether a restraint is reason- In B-N-C Kitchen and Bath Cabinetry v. employment agreements. able depends on the competing needs of Montefore, the complaint expressly alleged the existence of an oral agreement It is important to recognize at the outset that “did not include a duration or non- that none of the decisions addressed here need to protect legitimate business inter- the parties, including: “(1) the employer’s compete” clause.12 The plaintiff, the for- change the well-established standards ests, such as trade secrets and customer mer employer of two of the defendants, governing enforceability of restrictive lists; (2) the employee’s need to earn brought claims for breach of employment covenants in employment agreements. a living; and (3) the public’s need to se- contract, fraud, and intentional interfer- As such, the standard of enforceability of cure the employee’s presence in the labor 7 ence with contractual relations against - pool.” Courts particularly look to the geo- the two former employees and their new quiry that requires the “actual impact of graphical and temporal limitations im- employer. Not surprisingly, the court particularsuch agreements arrangements is still a onfact-specific competition in posed by the agreement, as well as con- struck all of the claims.13 As to the claims [to] be examined to determine whether straints placed on the subject matter of 8 against the individual former employees, they have a pernicious effect on competi- the competitive conduct. tion and lack any redeeming virtue.”2 criteria by which the reasonableness of a There are five allegations of a binding employment the court found there to be insufficient The Law of Restrictive length of time the restriction is to be in agreement that would have prevented Covenants effect;restrictive (2) thecovenant geographic is assessed: area covered “(1) the by the defendants from competing with their The starting point for analyzing issues un- the restriction; (3) the degree of protec- former employer, or soliciting or selling der non-competition and non-solicitation tion afforded to the party in whose favor to their former clients. The court also agreements is the generally-accepted rule the covenant is made; (4) the restrictions noted that mere issuance of a quote to a that a former employee may compete on the employee’s ability to pursue his prospective customer does not support with his or her former employer only occupation; and (5) the extent of inter- the existence of a contract or business ex- upon termination of employment.3 While ference with the public’s interests.”9 The employed, an employee is “obligated to restrictions must be reasonable “in view tortious interference.14 As to the claims pectancy sufficient to establish a claim for Visit www.ctbar.org Connecticut Lawyer July/August 2014 17 against the new employer, the court held decisions examining the issues at length hibited by the agreement. The defendant that it could not be vicariously liable for in various factual circumstances. Some of was a lighting engineer for the plaintiff the former employees’ alleged violations these helpful decisions also come in the and, even though he had the same title for of their previous employment agreement, form of post-trial memoranda. While not his subsequent employer, his job duties unless the employees were acting as controlling, these decisions are instruc- agents of their new employer when they tive and provide persuasive authority de- although his new employer was a direct allegedly breach their agreements with pending on the facts of your case. competitorwere substantially and owned different. a division Specifically, that the their former employer.15 defendant was prohibited from working Courts Denying Injunctive or Other for, the defendant actually worked for a In Baker v. Cox,16 the court rejected a Relief division that was not enumerated on the novel jurisdictional argument based on The plaintiff was denied a preliminary list contained in the non-competition the expiration of the two-year term of injunction in Rice Spice Noodles, Inc. v. agreement. Further, at his new employer the non-compete agreement. The defen- Feldman.20 There the plaintiff shut down he was responsible for a later stage of the dant moved to dismiss, arguing that the its restaurant due to tax and other issues. design process, whereas in the plaintiff’s plaintiff lacked standing and therefore The defendants, some of whom were employ he was performing work that, at the court lacked jurisdiction because the former members of management and his new employer, had already been com- term had expired. The court declined to employees of the plaintiff’s restaurant, pleted in a prior design stage. His work for dismiss on that basis, stating that courts used the plaintiff’s equipment to open a his new employer also had aspects entire- “cannot and will not look at the ability new restaurant at the same location. The ly unrelated to any work he had done for to prove elements of a cause of action… new restaurant used a menu similar to his prior employer. Additionally, the de- [to] retroactively state that the plaintiff the plaintiff’s restaurant, and the employ- - lacked standing so as to require dismissal ees, having worked for the plaintiff, had tial information of the plaintiff during his rather than a judgment on the merits.”17 knowledge of the plaintiff’s secret reci- timefendant working did not for have the plaintiff. access to Thus, confiden there This was a “matter of defense rather than pes. The plaintiffs originally sought to en- was little to no overlap between his for- jurisdiction.”18 join operation of the new restaurant, but later withdrew that request and instead mer work and his subsequent work, and In the case of McGuffie v. Boucher, the sought to enjoin one of the individual de- court held that misrepresentations in fendants from working at, or assisting in information of the plaintiff to the compet- little risk that he would use confidential post-employment communications will operation of, the restaurant. The court ul- itive advantage of his new employer. - timately denied injunctive relief because The defendant raised as defenses lack tion of emotional distress.19 There the for- the plaintiff consented to the continued of consideration supporting the plain- notmer support employer a claimleft a voicefor intentional message for inflic the operation of the restaurant. The court tiff’s agreement and that the agreement employee after separation, threatening to held that the plaintiff could not show ir- was overbroad. Interestingly, however, enforce a non-existent non-compete and reparable harm given their consent. Ad- the court rejected the lack of consider- non-solicitation agreement. The former employer also sent letters to potential had no immediate intention of re-opening gave up the right to enforce the two prior customers of the former employee, indi- ditionally, the plaintiff testified that she her restaurant, which had recently closed. agreementsation argument, it had finding with thethat defendant the plaintiff in cating that the employee was bound by a The court also found that the plaintiff had exchange for his executing the new agree- non-compete clause. The court declined an adequate remedy at law given that she ment, even though he did not receive any to strike the counts for libel, negligent in- was no longer seeking to have the restau- additional compensation or any change in rant shut down, and was not operating terms of his employment. With regard to but did strike the claim for intentional her own restaurant. fliction of emotion distress, and CUTPA, the overbroad argument, the court found 21 the one year duration and the geographic extreme or outrageous. In Shemitz Designs, Inc. v. Brown, the infliction because the actions were not court also denied a preliminary injunc- Preliminary Injunctions and tion. The defendant had entered into a se- - limitation to not work for the specified Post-trial Rulings ries of non-competition agreements with sonable in light of the specialized nature employers in the United States to be rea Many of the trial court decisions within the plaintiff, the third of which was at is- of the business and size of the client base. the last year considered the factors ap- sue. That agreement restricted the defen- However, the court took issue with the plied in assessing the reasonableness of - scope of the positions from which the de- restrictive covenants. Because the stan- ated companies, one of which included a fendant was prevented to work. A blanket dard for preliminary injunctive relief subsidiarydant from working of the defendant’s at specifically subsequent enumer prohibition on working in any role for a requires assessment of the likelihood of employer. The court gave considerable lighting business without regard to the success on the merits, the factors are of- treatment to the factors in determining relatedness of the job duties to the duties ten considered on petitions for prelimi- that the at-issue restrictive covenants that the defendant had performed for the nary injunctions to maintain the status were reasonable, but ultimately conclud- plaintiff was unreasonable. Given that the - ed that the work that the defendant was defendant was relatively young (35 years necticut Superior Courts issued a series of doing for his new employer was not pro- quo pending final resolution. The Con 18 Connecticut Lawye July/August 2014 of age) and employed inVisit a niche www.ctbar.org field, the court found that “enforcing such a broad The case was tried in court. Importantly, claim in the context of a non-compete or non-competition agreement would be unfair competition dispute where there - for both agreements, even though the are misrepresentations as to the origin ceptable impediment to the defendant’s agreementsthe court found were sufficient entered into consideration after she of goods and services or other sources of tantamount22 to a significant and unac career.” consumer confusion. CL in 2001 she was given a bonus when she The court also found that plaintiff had signedinitially the became agreement, employed. and in Specifically, 2005 her failed to establish irreparable harm. Given Notes compensation structure changed upon that the defendant was provided limited 1. Conn. Gen. Stat. § 35-51, signing the agreement. The court found et. seq. 2. Deming v. Nationwide Mutual Insurance the temporal and geographic limitations working for the plaintiff, and that many Co., 279 Conn. 745, 760 n.15 (2006) (quot- reasonable, stating that “the length of ofaccess his job to duties confidential were different information at his while new ing Elida, Inc. v. Harmor Realty Corp., 177 time [one year] and the limited area of Conn. 218 (1979)). employer, the court found that there was the restriction [ten miles]…has been up- 3. Town & Country House & Homes Service, little risk that the defendant would use 150 Conn. 314, 317 (1963). 25 Inc. v. Evans, held in many cases.” Due to lack of evi- 4. Id. The court found that the plaintiff failed to dence of solicitation, the court declined 5. Id. 6. Id. at 761. showconfidential how harm information could come of to the it from plaintiff. the - mer customers even though some cus- 7. Id. (citing Scott v. General Iron & Welding defendant’s work that was of “a different Co., 171 Conn. 132 (1976)). totomers find of that the the plaintiff defendant did in solicited fact become for character and…with different products” 8. Id. at 796 n.21 (explaining the “blue pen- than the work he performed for the plain- customers of the defendant. Notably, the cil” rule). tiff.23 Notably, in addition, at the hearing - 9. New Haven Tobacco Co. v. Perrelli, 18 Conn. tive because, even if the court had found App. 531, 533-34 (1989) (citing Scott v. on the application for the preliminary in- 171 Conn. 132 thatcourt the stated: defendant “The damagesdid solicit are these specula cus- General Iron & Welding Co., (1976)). was unaware of any damages due to the tomers of [the plaintiff], there is no evi- 10. Id. at 534. defendant’sjunction, the plaintiffconduct alsoand testified was seeking that it dence that establishes that, if not for the 11. Id. 12. No. HHDCV116025868S, 2013 Conn. only legal fees. Evidence that the defen- improper solicitation, they would have stayed customers [of the plaintiff].”26 The Super. LEXIS 742, 2-3 (April 3, 2013). dant was the sole earner in his family, and 13. See also G.J. Swanson LLC v. Cehovsky, No. that his wife had recently had a prema- court found for the plaintiff on the breach FBCV126027498S, 2013 Conn. Super. LEX- ture baby, seemed to weigh heavily in the of contract count, but found for the defen- IS 976 (April 25, 2013) (granting unop- court’s decision. posed summary judgment for defendants where there was no employment agreement, defendants did not have access to Courts Awarding Injunctive or dant on the CUTSA, CUTPA, and fiduciary duty counts. The court refused to find a Other Relief salon and hair dresser. defendants did not begin to compete until 24 In Sabatasso v. Ranciato the plaintiff op- fiduciary relationship between the hair afterconfidential separation, information and plaintiff or trade waited secrets, over erated a hair dressing salon. The defen- Although the case did not involve restric- a year to seek a preliminary injunction). dant was a hair dresser who had signed tive covenants, the court in Renew Win- 14. Id. at 9. - dows & Siding LLC v. Anderson27 addressed 15. Id. at 12-13. 16. No. FSTCV136017676S, 2013 Conn. Super. ity agreements during her employment. circumstances where a former employee two non-competition and confidential LEXIS 2433 (Oct. 24, 2013). The agreements restricted the employee held himself out as a representative of his 17. Id. at 5. for twelve months following separation. former employer in order to get contracts 18. Id. at 9. with his former employer’s customers. 19. No. LLICV126006880S, 2013 Conn. Super. from engaging in the same kinds of servic- This decision thus has potential implica- LEXIS 294 (Feb. 5, 2013). 20. No. CV135014594S, 2013 Conn. Super. Under the agreement she was prohibited tions in litigation involving non-compete es that she had performed for the plaintiff LEXIS 2039 (Sept. 12, 2013). within a ten mile radius of New Haven. agreements. After trial, the court ruled 21. No. AANCV136013145S, 2013 Conn. She was also restricted from soliciting that falsely holding oneself out as associ- Super. LEXIS 2397 (Oct. 23, 2013). any customers of the plaintiff that she had ated with one’s former employer “is pre- 22. Id. at 25. cisely the type of unethical and unscru- 23. Id. at 31. dealt with in the year prior to her termi- 24. No. NNHCV116024130S, 2013 Conn. 28 nation, and could not solicit employees Super. LEXIS 1171 (May 24, 2013). to leave the plaintiff’s employ that were The court awarded nominal damages 25. Id. at 11; See also Saylavee LLC v. Hunt, No. pulous [conduct] that CUTPA” prohibits. employed by the plaintiff within the year FSTCV126015400S, 2013 Conn. Super. prior to her termination. The plaintiff quantify his damages, but used the nomi- LEXIS 1056 (May 7, 2013) (issuing tempo- because the plaintiff failed to specifically rary injunction to enforce a non-compete brought claims for breach of contract, vio- nal damages to award the plaintiff puni- agreement that prohibited defendant from tive damages and attorneys’ fees under working at any exercise facility within a ten mile radius for two years). lacklations of ofconsideration CUTPA and forCUTSA, the agreementsand breach holding himself out was recklessly indif- 26. Id. at 14-15. 27. No. CV116011172, 2013 Conn. Super. andof fiduciary also denied duty. that The she defendant engaged claimed in con- ferentCUTPA, to finding the plaintiff’s that the rights. conduct This of casefalsely is LEXIS 586 (March 18, 2013). duct similar to that which she performed 28. Id. at 7. when she was working for the plaintiff. significant because it could conceivably form the basis of an argument for a CUTPA Connecticut Lawyer July/August 2014 19 Jamie Jackson Spannhake is attorney owner of Spannhake Law LLC, offering services in wills and estate planning, residential real estate, and business formation and transactions. She also offers research, writing, and pre-trial services to other lawyers. Before starting her own practice in 2011, she was an adjunct professor at Brooklyn Law School and Pace Law School, teaching criminal law, legal writing, and moot court. She is admitted to practice law in Connecticut and New Get the York. Career You Want with a Professional Development Coach By Jamie Jackson Spannhake

20 Connecticut Lawyer July/August 2014 Visit www.ctbar.org As attorneys, we spend many hours developing legal skills and increasing substantive knowledge in our respective areas of practice. But when was the last time you assessed where you are in your career, developed a plan to take you where you want to be, and then followed through on the plan?

A professional development coach can guide you on We, as lawyers, often find itthe difficult path to to your create success. the careers that we really want.

A Professional Development Coach: What What Issues Can Be It Is and Isn’t Addressed? A professional development coach is a broad term that A professional development coach can help lawyers encompasses several different titles, including execu- with many different issues and challenges. According tive coach, career coach, business coach, and business to Ida Abbott, there are three categories of issues that development coach. It is a coach who helps the lawyer are most often addressed in a coaching relationship. identify and accomplish performance-related goals, such as business development, leadership develop- new skills or improve existing ones. For example, when ment, and career advancement, explains Ellen Ostrow, aThe lawyer first ishas remedial terrible where time managementthe lawyer needs skills to anddevelop it is founding principal of Lawyers Life Coach LLC. “A pro- creating problems for his colleagues. The second cat- fessional development coach can help a lawyer in ev- egory is career-advancing. For example, when a senior ery area in which a professional needs to develop apart from technical legal skills,” she says. know how to do that, the coaching relationship would focusassociate on how in a tofirm learn wants what to needs make topartner be done, and and doesn’t then As a professional, a lawyer needs objective guidance how to do it. The third category of coaching is for im- when facing new levels of career advancement in order provement of a leader. For example, a partner who al- to understand what needs to be done, adds Ida Abbott, ready has a book of business but wants to expand. consultant and advisor in areas of leadership and professional development. A mentor might provide this Ellen Ostrow also offers several coaching examples. She guidance, but many lawyers don’t have an effective

that role and act as your “trusted external advisor,” says tohas develop coached relationships a first-year that associate will position who was her trying for ad to- Fayementor. Patterson, A good professionalexecutive coach, development managing coach partner, can and fill vancement,understand whilethe internal also working workings to achieve of her firm her work-lifeand how founder at PSA Consultants. She explains that a profes- balance goals. Ostrow has also coached lawyers whose sional development coach is someone external to your relationship as well as worked with women who face will help you in guiding your career and guiding the re- obstaclesgoals are in related their legal to handling careers, ahelping difficult them professional to under- lationshipsfirm who “provides that are key perspective to your success.” and information that stand unconscious gender bias and how to move beyond it. While a professional development coach can help in many ways, she is not a therapist. Some coaches are Coaches can also help with business development, educated in psychology, but the role and process differs practice building and management, succession plan- between coaching and therapy. Sometimes issues come ning, career transitions, developing and managing your up that are beyond the scope of coaching. Those issues “brand,” becoming a better leader, effectively utilizing can be a block to success and should be handled with a therapist. The coach must be aware of her own limita- like and the type of work that you want to do. tions, and able to make a recommendation for therapy law firm politics, and identifying the type of clients you Essentially, whatever your professional development if appropriate. goals, a coach can help you succeed.

Visit www.ctbar.org Connecticut Lawyer July/August 2014 21 What to Expect from a Coach During the coaching sessions, a lawyer can expect a lot from his or her coach. The information in this article is based on First, the coach must listen deeply in or- interviews with six of the country’s leading der to help the lawyer clarify and articu- professional development coaches: goal. The coach should then help the Ida Abbott—Consultant and advisor in areas of leadership and professional late a specific, measurable, and realistic lawyer develop a strategic plan, break- development; author of several books, including Sponsoring Women: What ing it down into action steps, and support Men Need to Know (www.idaabbott.com) the lawyer in addressing obstacles. The coach will then provide non-judgmental John Bowers—Assistant director of business development for Fox Roths- accountability by checking in with how child LLP, he identifyies and promotes new business strategies for attorneys things are going with the action plan. (www.linkedin.com/in/johndbowers) Throughout the process, the coach pro- Rachelle “Shelley” Canter, Ph.D—President of RJC Associates, she provides guidance, insight, and resources as vides coaching and career transition services for attorneys and executives well as facilitates change and sustains it and adjunct faculty to the Women Senior Leaders Program at Kellogg School through questions and assessments, says of Management at Northwestern University. She is the author of Make the Rachelle “Shelley” Canter, Ph.D, president Right Career Move: 28 Critical Insights and Strategies to Land Your Dream of RJC Associates. “A good coach asks you Job (www.rjcassociates.net) questions that you haven’t considered Ellen Ostrow—Founding principal of Lawyers Life Coach LLC (www.law- and gets you to think,” says Susan Letter- yerslifecoach.com) man White, J.D., M.S., founder of Letter- man White Consulting. She provides the Faye Patterson—Executive coach, managing partner, and founder at PSA lawyer with a different perspective, and Consultants, practicing for 17 years, working with Am Law 100 law firms with valuable direct feedback regarding and with attorneys in corporations; she also provides leadership retreats the lawyer’s effectiveness. A coach may (www.psaconsultants.net) also “push you out of your comfort zone,” Susan Letterman White, J.D., M.S.—Founder of Letterman White Consult- says Ellen Ostrow. “Not so far that you ing, she works with law firms on leadership and strategy projects and with want to avoid the sessions, but far enough individual lawyers on career development plans (www.lettermanwhite.com) to grow and change.” What Is Expected of the Lawyer? - measurable steps that will allow you to as- Like the coach, the lawyer has responsi- mately, the lawyer must do the work. sess along the way if the plan is working, sions,” says Susan Letterman White. Ulti bilities within the context of the coaching says Shelley Canter. Between the sessions, relationship. According to John Bowers, What Can You Expect During A frequent contact via e-mail or phone is assistant director of business develop- Coaching Session? common, if desired, by the lawyer. - ment for Fox Rothschild LLP, the role of - Average coaching sessions are about an the lawyer is two-fold. First, the lawyer In the first session, goals are usually de hour. While the initial session may last must be vulnerable, recognizing that he or andfined. develop Often, assessmenta strategy. After and implementhe initial up to 90 minutes, as the relationship de- she is potentially fallible. Second, the law- session,tation tools subsequent are used sessionsto help define usually goals be- velops, follow-up (or “check-in”) sessions yer must invest time and serious thought gin with a check-in about how the action may be as short as 15 minutes. The fre- in him or herself to build self-awareness. quency of coaching sessions depends on Because these traits are often contrary to plan went from the previous session. where the lawyer is in the process related the perception that lawyers project, the During the sessions, “you can expect to to his or her goal. For example, when a lawyer’s role in the coaching relationship have a lot of questions put to you that coaching relationship is just beginning typically may be uncomfortable for many, may be tough and make you uncomfort- and the goals and action plans are still be- Bowers says. able, and that may raise issues that you ing developed, the sessions may be every It is also up to the attorney to articulate want to ignore,” says Ida Abbott. Because week, or twice a month. However, when clear and realistic goals. It is okay if, at the lawyer is often asked to focus on these the lawyer is executing the action plan, the beginning, the lawyer lacks clarity as there is more time between sessions and a good coach can help clarify goals and may be unpleasant sometimes. But most the sessions are shorter. difficult issues, the coaching relationship values. people are eager for the help, and they en- The length of time between sessions de- dure and succeed. During the relationship, “the attorney pends on the “homework,” i.e. the action must be open to changing and willing to As you leave each session, you can expect steps that must be completed before the act on the strategy developed in the ses- to have an action plan of practical and next session. It also depends upon the

22 Connecticut Lawyer July/August 2014 Visit www.ctbar.org lawyer’s availability. There must be suf- websites, Google them, and check out answers to the questions, but the answers their LinkedIn pages to see what their cli- will help you determine which coach is the sessions, which can be challenging ents have to say about them. best suited to your personality and your withficient a fulltime workload. to do the homework between goals. During the interview, the coach When researching coaches, start by con- should talk about herself, but she should There are a variety of models for how a sidering their credentials. There are many also ask the lawyer questions to ascertain coaching session occurs. Sessions can be - the lawyer’s expectations. in person, on the phone, via Skype, Google grams available to coaches, so research hangouts, Facetime, or other video con- thosedifferent credentials certifications and andlearn training what they pro Ask the coach for references and call nection. In-person sessions are preferred really mean. More training is not neces- them. John Bowers cautions, “If some- for the initial meeting. Many coaches pre- sarily better; it needs to be training that is one can’t provide three references, you’ll fer in-person sessions in a conference relevant to your goals. Equally important want to look somewhere else.” Ask the room because they have tremendous is experience coaching in the area that references what the value of the coaching value for creating trust, openness, and fo- relationship was to them. What was the cus. Nevertheless, phone coaching is very if the coach has experience and training result? What would be their advice to you you want to develop. So, specifically ask popular because of geography and busy in that area and if he can help you reach going into this relationship? your goals. schedules. After the interview process, when you The length of the coaching relationship is You also want someone who understands think you know which coach you’d like to entirely up to the lawyer and largely de- lawyers and the legal industry. Your coach work with, ask for a sample session. Many pendent upon her individual goals and needs to talk the language, understand coaches offer a free initial consultation, how far the lawyer is from those goals. the time pressures, and appreciate the However, as long as new issues are com- so the lawyer can experience what it is essentially creating a sample first session ing up, or new goals are developing, the need not be a lawyer but should special- like to interact with the coach and under- difficulty of work-life balance. The coach relationship can continue for as long as ize in working with lawyers. stand how she works. the lawyer feels she needs it and is getting In addition to a professional understand- Getting the Most from the Relationship value out of it. ing, “make sure there is a personal con- with Your Coach - While there is no “typical” length of a nection,” says Faye Patterson. You want to coaching relationship, six months is the feel comfortable with the coach because attainOnce youthe career find your you desire. professional Most impor devel- average. Some short-term goals may take her role is to ask you tough questions and tantly,opment remember coach, work that hard the success to define of andthe less time, but that doesn’t mean that the coaching relationship ultimately rests relationship will end after the lawyer has Shelley Canter says the lawyer should ask help you sort through difficult choices. with you. Your coach will guide and en- reached her goal. and style I need?” courage you to reach your goal, but you Some lawyers like to maintain a long- herself: “Does this coach have the insights must show up and do the work. CL term coaching relationship even after ini- Once you have narrowed your choices, in- tial goals are achieved to ensure that they terview several coaches. Some topics you remain on track in their careers. A long- might want to address in the interview term relationship might mean monthly or quarterly—or in some cases, yearly— include: in-person meetings, with telephone ses- continuing education sions in between. This kind of long-term • Their training and their approach to relationship can be particularly helpful to a lawyer who does not have a mentor who • believeTheir philosophy in developing of coaching a lawyer or tell- is active in her career. • Theiring the belief lawyer about what coaching, to do e.g. do they - So You Want a Coach—How Do mended You Find the Right One for You? • Number of sessions required or recom- Referrals are usually best. But if you don’t phone, etc. have a personal referral, there are sources • Method of sessions, i.e. in-person, tele

bar association, the American Bar Asso- • Cost of sessions for finding a coach. Start with your local least successful ciation (ABA), or the National Association • Where they are most successful and for Law Placement (NALP). Also, attend seminars or read books or articles by • coaching,Who they consulting,like to work speaking, with writing, your coaches of interest in order to get a • etc.?What percentage of their business is sense of their philosophy and if you think you’d like to work with them. Peruse their There are not necessarily right and wrong

Visit www.ctbar.org Connecticut Lawyer July/August 2014 23 Bill Chapman is the Government and Com- munity Relations Admin- istrator at the Connecti- The 2014 cut Bar Association. Legislative Session in Review By Bill Chapman This year marked a short session in the General Assembly, which budget that was approved during the prior session. is meant to be fiscally focused with the intention of tweaking the

vorable imprint on their stay at the Capi- next session, with the House chairs of the Changes in Legislators The legislative session began on a sad tol with over 50 years of service to the Finance and Judiciary Committees being note with the death of Elaine O’Brien who General Assembly. the most sought after. had been elected state representative Coming up this fall, after the caucus elec- Miscellaneous Points of tions in November, Senate Democratic Legislature The 58-year-old Democrat had been vice leadership is expected to rise to Sen. In this short session, after the commit- from Suffield in the 61st district in 2010. chair of the Appropriations Committee Martin Looney as President Pro Tempore tee deadlines in early April and having and served on the Commerce, Trans- and Sen. Bob Duff as Majority Leader. Re- only a month to terminate the session, portation, and Planning & Development publican Sen. Len Fasano is expected to there were a number of issues that were Committees. Shortly after the session become the Senate Minority Leader and raised for long discussions on the house ended, Rep. Larry Miller, a 78-year-old Republican serving the 122nd district of Minority Leader. Stratford, Shelton, and Trumbull since Rep. Themis Klarides to be elected House and senate floors, including nursing home- 1991, passed away after a battle with can- Also retiring from the Senate are Sen. Ed alfinancial assault transparency, on college campuses, advanced and practice (yes!) Meyer (12-D), Sen. Gary LeBeau (3-D), glassregistered eels. nurses, UTC tax initiative, sexu in the late 90s, he was an early pioneer Sen. Andrea Stillman (20-D), and Sen. ofcer. stem After cell receiving research a fivewith year his treatmentprognosis Jason Welch (3-R). Leaving the House to time in public hearings were not favorably journeys to Arkansas. Rep. Miller served run for these Senate seats include Rep. reportedAdditionally, out Issuesof committee, that took including significant the on the Energy & Technology and Environ- Tim Larson, Rep. Mae Flexer, Rep. Betsy bills affecting aid in dying, Common Core, ment Committees and was vice chair of and Victim Privacy and the Public’s Right the Housing Committee. Hwang. Also leaving from the House are RepublicansRitter, Rep. KimPam Fawcett,Sawyer, Sean and Rep.Williams, Tony Penny Bacchiochi, DebraLee Hovey, and time in the legislative process and two of open to elections in November, this year’s to Know. The three issues took significant Noting that all constitutional offices are Steve Walko, and Democrats Don Clem- General Assembly said farewell to three of debate in the CBA House of Delegates. ons, Gerry Fox, Geoff Luxenberg, Steve Mi- the four caucus leaders who had decided the issues were of significant interest and The Minimum Wage Bill it was time to retire from their present kutel,After theSandy November Nafis, and 4, Pat2014 Widlitz. election, ad- by the governor was the minimum wage the Senate President Pro Tempore; Sen. ditional legislators may not return when bill,On April which 9, brings2014 the a statewide first bill to increase be signed to public office. Sen. Don Williams (29-D),- the new General Assembly is sworn-in $10.10 on January 1, 2017. ity Leader; and Rep. Larry Cafero (142-R), January 2015. A number of committee theJohn House McKinney Minority (28-R), Leader, the Senate left with Minor a fa- leaderships will be up for grabs in the

24 Connecticut Lawyer July/August 2014 Visit www.ctbar.org The Status of Judges a number of bills in the 319-page docu- of time was spent by CBA Business Law - that define the budget and by including Sectionations Committee.members Alobbying significant lawmakers amount latorsJudges this seized year. significant These included time 17 in judges public discussion on separate bills. This year’s who required an explanation for this bill, hearings and on the floor with the legis- implementerment, eliminating bill includedlengthy individual bills proposed floor and why it was important for the business sion of their eight-year term and the 16 or supported by the CBA. community. Those legislator-lawyers recentlyneeding nominated reconfirmation by the at governor the conclu who then reported to their caucuses that there The Sunset Provision was no need to oppose the bill, which was The CBA was authorized to support the On Valentine’s Day, there was a 14-hour successfully placed in sections 140-154 elimination of the sunset provision for publicwere seeking hearing confirmation for the judges to seekingthe bench. re- of the implementer bill, PA 14-217, which was signed on June 13. Committee. On July 1, 2012, PA 12-89 in- challenged on their ability to be fair as creasedcourt filing certain fees onjudicial behalf fees of the so Pro that Bono 70 The Banks Committee proposed HB 5513, speakersconfirmation told as of family their courtloss judgesof children, were percent of such fees would be deposited “An Act Concerning the Modernization pension, college funds, how the GAL and to the Connecticut Bar Foundation for the of Connecticut Corporation Law,” which family court system must be changed, and administration of IOLTA to fund legal ser- would create a Business Commission to, that a number of judges should not return vices for the poor; the other 30 percent of among other things, establish Connecti- such fees would go to the Connecticut Ju- cut as a leading and highly desirable loca- is a simple process review of the prior dicial Branch for maintaining and improv- tion to organize a business entity, adjudi- eight-yearto the bench. term, Ordinarily, though some reconfirmation judges may ing its informational data processing sys- cate corporate and business law matters, receive some lengthy questioning by the tem. This funding would terminate July 1, and attract and encourage business enti- 2015, so SB 31, “An Act Concerning Con- ties to organize under Connecticut law of the judges this day was delayed by the tinued Delivery of Legal Services to the - speakersJudiciary to Committee. reform the The family confirmation court sys- Poor,” would eliminate the sunset date, in- cant business operations here. This was a tem. After the judges had been approved crease the funding of IOLTA to 95 percent, proposaland have supportedtheir headquarters by the CBA and Business signifi - and decrease the technology funding to Law Section and favorably reported out mation process then moved to the House - of the Banks Committee. As happened bywhere the one Judiciary judge Committee,was approved the confir78-67. port in the public hearing for this legisla- with a number of bills in this session, the tion,five percent.which was There approved was significantunanimously sup in language for the commission was quietly judges, but rather about the family court both the Judiciary and the Finance Com- placed in HB 5353 as an amendment in system,The debate though on the the floor character was not aboutof some the mittees. This legislation is one of the bills section 50 establishing a “Commission on judges was seriously threatened. In the made part of the budget implementer bill, Connecticut’s Leadership in Corporation found in section 179 and passed by both and Business Law,” which then passed end,When all the judges governor were nominatedreconfirmed. additional chambers on May 7, 2014. Subsequently, both chambers and became PA 14-89. judges and on April 11th, another 14-hour PA 14-217, “An Act Implementing Provi- This act was signed by the governor on public hearing was held. Again, though sions of the State Budget for the Fiscal June 6, 2014. none of these nominees had yet sat on the Year Ending June 30, 2015,” was signed by the governor on June 13, 2014, effective CBA Commercial Law and reforming the family court system, the July 1, 2014. Bankruptcy and Commercial lackbench, of theRepublican debate focused nominees, on three and the issues: age Finance Sections These two sections have supported adop- of some of the nominees. Though all nom- CBA Business Law Section inees were eventually approved by both it, which is what the Business Law Sec- Vessels Act for three legislative sessions; chambers, the Republican leaders were tionIf at did first for you three don’t successive succeed—stay sessions. with The lasttion year,of the this Uniform legislation, Certificate which of creates Title for a promised that they would be involved in - the next group of judges to be nominated, presented two years ago, as it was initial- sels that are principally used on Connecti- most likely later this year. Additionally, lyBenefit propsed, Corporations was opposed (BCorp) by the Business bill was certificatecut waters, of was title the system last bill for passed certain in ves the legislation passed that would affect ju- Law Section. In exchange for pulling the House on the last day, but did not make dicial pensions for those who would not it to the senate in time before the clock have served a full eight-year term as a revise the bill for legislators and propo- ran out on the session. That just doesn’t judge. Legislation also passed that unani- nentsbill in forits firstthe following year, the sectionyear. In offeredthe ensu to- happen. This year, the bill was reported mously made changes to the family court. ing session, the bill passed in the House early out of the Judiciary Committee, but The Budget Implementer Bill but was held back in the Senate on the The budget implementer bill is intro- last day. This year, in the bill’s third ses- - thenHB 5216, referred “An toAct the Adopting Transportation the Uniform Com- cation bill, meaning that there is no need Corporations and Encouraging Social En- mittee,Certificate which of has Title jurisdiction for Vessels over Act,” water was forduced a public each yearhearing as anon emergencythe bill. Generally, certifi terprise,”sion, SB 23,moved “An swiftly Act Concerning through both Benefit the vessels. The bill had the support this year the implimenter bill explains the issues Commerce Committee and the Appropri- of both the Department of Energy and

Visit www.ctbar.org Connecticut Lawyer July/August 2014 25 Environmental Protection (DEEP) and - sequent PA 14-155 on June 11, 2014. the Department of Motor Vehicles (DMV) sue that had not been broached in years In a success story of an individual provok- because of the hard work of CBA section atUniform the legislature. Power of Though Attorney this Act,”year anit had is ing change, a member of the CBA Estates members who took time to clarify the bill and Probate Section approached his local to both agency staff and legislators. But who felt that more time was necessary to - once again, something that just doesn’t dealits first with run, this there proposal. were leading This is thelegislators type of gether they introduced a bill. The member happen, happened. The referral to anoth- legislation in which a section works with thenfirst-term proposed legislator the legislative with an issue issue and to histo er committee necessitates a committee legislators year-round. section, which supported the issue. Going meeting before a third session day. With through the CBA authorization process new staff on the committee, a meeting CBA Elder Law Section Despite its best efforts, this section was starting with the Legislative Policy and mistakenly was not called in time and the unable to convince either the budget writ- Review Committee, the section received bill died. However, with harried commu- ers or the legislature to increase the per- approval to support HB 5140, “An Act - sonal needs allowance through either HB Concerning Property Tax Relief on Certain tors, the bill arose in place of another bill, nication and the benefit of certain legisla 5226 or HB 5324, “Increasing the Com- Real Property Held in Trust,” which would and it was passed in both chambers as HB munity Spouse Protected Amount.” These provide property tax relief to certain resi- 5459. This bill was was signed by the gov- issues will be back in 2015. dents whose property is held in trust on ernor on May 28, 2014 as PA 14-63. their behalf. Though to some this issue However, the section successfully argued CBA Commercial Law and to pass HB 5225 which would have in- one member, it was given the support to Bankruptcy and Consumer creased the number of people who can re- lobbymay have this bill,started and offwith insignificantly some nudges with and Law Sections ceive state-assisted care at home. That bill pushes with the right people and remind- These sections have worked closely with did not pass, but the language was placed ers on the last day of the session, this bill foreclosure mediations for a number of in Section 73 of the implementer bill, PA passed, and PA 14-124 was signed by the years and, during this session, they have 14-217, “An Act Implementing Provisions governor on June 6, 2014. worked with proponents supporting HB of the State Budget for the Fiscal Year 5483, “An Act Extending the Foreclosure Ending June 30, 2015,” which was signed CBA Family Law Section Mediation Program,” which would extend by the governor on June 13, 2014. HB 5524, “An Act Concerning the Recom- the foreclosure mediation program an ad- mendations of the Law Revision Commis- ditional four years. The bill was approved CBA Estates and Probate sion with Respect to the Alimony Stat- in both the Housing Committee and the Section utes,” was reported out of the Judiciary The gift tax has been an issue with this Appropriations Committee but then re- Committee. However, up to the last hours section for a number of years, and two ceived pushback on the four-year pro- of the last night of the session, language changes created an opportunity to move posal. The bill was amended to a two-year was still being deliberated as legislators the issue this year. The section began proposal and was then incorporated into kept leaving the discussions to return to meeting with the Department of Revenue HB 5353, which passed in both chambers the House bell’s signal to vote. This is an- Services (DRS) in September, months be- as PA 14-89 and was signed by the gover- other bill that remains in debate during fore the session started and was able to nor on June 3, 2014. the off-session. explain their issue fully and come to a CBA Elder Law and Estates and compromise on the language that might SB 494, “An Act Concerning Guardians Ad Probate Sections be acceptable.. The other change was that Litem and Attorneys for Minor Children These two sections together pushed the the Finance Committee had new leader- in Family Relations Matter,” has already passage of SB 413, “An Act Concerning ship and both chairs were willing to listen been discussed in this article as legisla- the Department of Public Health’s Recom- to the section and, consequently, SB 367, tors heard consideration on changes to mendations Regarding Medical Orders “An Act Concerning the Gift and Estate the family court system. When the bill For Life-Sustaining Treatment,” which Tax,” passed unanimously in the Finance would apply the Department of Public Committee. The work of section members been drafted in closed caucus rooms and Health’s recommendations regarding the was paramount because they spent time wouldcame toresult the senatein unanimous floor it votes had alreadyin both establishment of a pilot program at Wind- contacting their own legislators on the ham and Yale hospitals to implement the Finance Committee and in the legislature. use of medical orders for life-sustaining Most legislators will not accept calls or chambersthe appointment to provide: of counsel or a guard- treatment. Even pilot programs take solid e-mails on an issue from people outside • iangreater ad litem clarity for to a courtminor orders child involving work to get passed, and SA 14-5 passed of their districts; however, they will take unanimously in each chamber and was advice from their constituents. Because with standing to remove counsel or the signed by the governor on May 28, 2014. of the prior work with DRS, the language • guardianparties to ad alitem family for a relations minor child matter ap- of SB 367 was placed in Section 11 of the pointed in such matter time and work into HB 5215, “An Act DRS bill, HB 5466, which passed in both - ConcerningMembers of Adoptionboth sections of the put Connecticut significant chambers. The governor signed the sub- ment of fees to counsel and the guard- • new provisions concerning the pay 26 Connecticut Lawyer July/August 2014 Visit www.ctbar.org ian ad litem for a minor child on amending the language and coming to Property Act” (Real Property Section) - a compromise. Although the language was cation that informs parties to a family being revised, the CBA’s Commercial Law to the Connecticut Business Corpora- • the Judicial Branch to develop a publi • SB 411, “An Act Concerning Revisions relations matter about the roles and re- and Bankruptcy and Commercial Finance tion Act” (Business Law Section) sponsibilities of counsel for the minor Sections made the decision to let the bill - child and the guardian ad litem die if necessary. Since no amenable lan- cability of Statutes of Limitations to Ac- guage resulted and there was no call from • HB 5570, “An Act Concerning the Appli This bill, now PA 14-3, was signed by the tions Brought by the State or a Political the chamber for the bill’s introduction on governor on May 8, 2014. There will be Subdivision of the State” (Construction further requests for changes next session. Law Section) theCBA floor, Real the billProperty died. Section CBA Human Rights and Proposed this year was SB 427, “An Act The following are additional bills of in- Responsibilities Section Concerning Smoke and Carbon Monoxide terest to sections signed by the gover- On St. Patrick’s Day, the Public Health Detectors in Certain Residential Buildings nor: Committee held a public hearing on HB - 5326, “An Act Concerning Compassion- at the Time the Title Is Transferred.” As a - ing Domestic Violence and Sexual As- ate Aid in Dying for Terminally Ill Pa- • HB 5593 (PA 14-234), “An Act Concern sault” (Criminal Justice Section) tients,” which would allow a physician to ford, legislators had passed a bill effective result of a tragic Christmas fire in Stam - prescribe medication at the request of a January 1, 2014 that mandated that an af- ing Adoption of the Connecticut Code of mentally competent patient with a termi- • SB 456 (PA 14-120 ), “An Act Concern a one- or two-family dwelling certifying Evidence by the Supreme Court” (Liti- nal illness that such patient may self-ad- fidavit be signed by a transferor of title of minister to bring about his or her death. that the building is either (a) equipped gation Section) With over 12 hours of public testimony with carbon monoxide detection and CO - and more than 500 pieces of written tes- detector or (b) does not pose a risk of CO ing the Storage or Disposal of Fracking • SB 237 (PA 14-200 ), “An Act Prohibit timony, this bill presented a contentious poisoning because it does not have a fuel- Waste in Connecticut” (Environmental issue. The committee chairs decided not Law Section) to move the bill out of the committee dur- garage. Or credit the transferee $250 burning appliance, fireplace, or attached ing this short session, and it will return in Electric Customer Consumer Protec- 2015. amount of time negotiating last minute • SB 2 (PA 14-75), “An Act Concerning at the closing. There was a significant - CBA Litigation, Consumer Law, not constitute a warranty beyond the tion” (Public Utility Law Section) details to include that the affidavit does ing Cross Reporting of Child Abuse and Commercial Law and Bankrupt- transfer of title. PA 14-219, which sub- • HB 5037 (PA 14-70), “An Act Concern cy, and Commercial Finance stituted SB 427, received unanimous ap- Animal Cruelty” (Animal Law Section) Sections proval in both chambers, and was signed - Once upon a time there were two bills in by the governor on June 13, 2014. ing the Integrity of the Business Regis- • HB 5489 (PA 14-154), “An Act Concern two different committees. One, SB 373, try” (Business Law Section) - The section had again proposed legisla- - tion to establish requirements for the cial Code and the Electronic Fund Trans- - “An Act Concerning the Uniform Commer maintenance and cost-sharing of private • HB 5573 (PA 14-88), “An Act Concern fer Act,” was being supported in the Banks opment” (Environmental Law Section) Committee by the Commercial Finance easements and rights-of-way in Con- ing Brownfield Remediation and Devel and the Commercial Law Sections. The necticut to meet the requirements of the The legislators, their staffs, and the sec- other, HB 5343, “An Act Concerning Costs Fannie Mae Selling Guide. HB 5219, “An tion members continue to make each Incurred by State Residents When Re- Act Concerning Maintenance of Private session a worthwhile experience. Since sponding to Certain Discovery Requests,” Easements and Rights-Of-Way,” passed sections started their journey for the next was being opposed in the Judiciary Com- unanimously in both chambers, and the session July 1, if you have not already, be mittee by both the Consumer Law and the subsequent PA 14-67 was signed by the sure to choose your legislative liaison, governor on May 28, 2014. Litigation Sections. Gratefully, after testi- review your legislative and policy issues, fying in the Judiciary Committee, HB 5343 look at your expired authorizations, and was not reported out of committee. How- The following are additional bills of request your new approvals in August for ever, the bill’s legislator proponent took interest to sections that will be moved the CBA House of Delegates meeting in the bill that the CBA opposed and added again next year in the CBA’s lobbying ef- September. Timeliness is fundamental so it to the bill the CBA supported, creat- forts: ing an amended SB 373 and placing four that we can visit the Capitol and begin in- CBA sections in unsolicited positions. The volvement long before the session begins. CBA’s Litigation Section, which had had • Teachers’HB 5396, “AnRetirement Act Concerning System Retention After Di- The CBA legislative staff is available to prior dealings with the proponent and ofvorce” the Co-participant(Family Law Section) Option Under the talk any time at (860)707-3309 and look included a section member who is also a - forward to hearing from you soon. CL member of the legislature, took the lead • HB 5218, “An Act Concerning the Adop tion Of the Uniform Partition of Heirs’ Connecticut Lawyer July/August 2014 27

TIME TO GO PRO BONO

Pro Bono 2013-14: A Year in Review

By William H. Clendenen, Jr.

William H. Clendenen, Jr. is the founder and principal of Clendenen & Shea LLC in New Haven. Attorney Clendenen is the current CBA president-elect.

It simply does not seem possible that a year has passed since for enactment as a Connecticut Local Rule. If these rules are Connecticut Lawyer. The old promulgated, it would mean that hundreds of thousands of dol- lars would become available to help supply legal aid represen- Manymy first thanks pro bonoare due column to the in hard-working the members of the Pro adage is so true—time sure does fly when you are having fun. such a rule in both its state and federal courts. Dubois. The committee’s projects enjoyed a very successful tation in Connecticut. We would also be the first state to have The committee also continued to expand the pool of CBA pro year.Bono Committee, as well as President Knox and President-Elect bono attorneys and programs. While the need is vast, the CBA The legal services agencies asked the Pro Bono Committee and lawyers continued their deep and energetic commitment to pro the CBA to support Senate Bill 31. The agencies were faced with bono. a $4.5 million decrease in funding from Connecticut. The bill The Young Lawyers Section, along with the Pro Bono Commit- tee, began work on a Modest Means Initiative. The focus of the increased in 2012 to help service Connecticut’s economically Initiative is to enlist unemployed and under-employed CBA disadvantaged.allowed the agencies The $4.5 to million receive potential more of cut the in court funding filing would fees members, primarily, but not exclusively, younger lawyers with have caused the layoff of at least 35 employees—approximately the thousands of people in Connecticut who are just over the a quarter of the legal service program’s staff. The General As- federal poverty limits. As you know from previous columns, sembly passed the provision and Governor Malloy, a big sup- more than 10,000 folks looking for a lawyer are turned away porter of the bill, signed it as PA 14-217. This was a prime ex- by Statewide Legal Services each year. The initiative will seek ample of the judicial, legislative, and executive branches joining to develop a plan to put the CBA lawyers to work gainfully and with the CBA, the Connecticut Bar Foundation, and the legal serve these underserviced Connecticut citizens. service agencies to address the crisis of the lack of access to justice in Connecticut. In addition to the Modest Means Initiative, the committee will debate and consider in the coming year a proposed civil right The committee drafted a proposed amendment to the Con- to counsel statute to protect Connecticut’s economically disad- necticut Practice Book to provide that in Connecticut class ac- vantaged. We cannot forget that there is an urgent need to se- tions any funds left over after all claimants were paid would cure access to justice for all in Connecticut. We cannot tolerate go to the Connecticut Bar Foundation to aid the economically a society where there are two classes of citizens when it comes disadvantaged. The CBA endorsed the committee’s proposal to access to our courts. Stay tuned. and sent it to the superior court’s Rules Committee. After three public hearings and review and endorsement by the Civil Com- mission, the Rules Committee voted to present the rule to the comments and, more importantly, your support. CL Dearest readers: Thank you for your kindnesses, patience, States District Court is actively considering a comparable rule judges of the superior court at their June meeting. The United

28 Connecticut Lawyer July/August 2014 Visit www.ctbar.org Building Your Practice

Networking—It’s All About How You Approach It

it’s worth your time. If the answer is yes, to the people you want to meet before then ask yourself what your purpose will they get involved in other conversa- be for attending. Do you want to make tions. Andrea Obston is a reputation manager who new contacts? Touch base with existing works with attorneys to build and enhance clients? Learn about new development their firms’ reputations and to help them phone at the event or near the entrance. defend their clients’ reputations when they are in the business community? Search out • Avoid texting or talking on your cell in crisis. She is the president of Andrea Obston new resources? Decide before you walk If you must take an urgent call, move to Marketing Communications in Bloomfield, through the door. a private area so people entering the which has been serving the PR needs of the legal community since 1982. For more informa- Now that you know the “why” of the you on the phone. Nothing says “I don’t tion see aomc.com. event, let’s talk about the “who.” Before room don’t get their first glimpse of want to be here” more than someone Andrea Obston is a guest author for this col- the event, check out the attendance list immersed in their phone. And one umn, regularly written by Douglas S. Brown. online or with the event organizers to see who’s expected to be there. Then pick off before you make your entrance. A three people you want to meet. These more thing about phones: Turn them If you’re like most attorneys, the thought vibrating phone is almost as distract- could be referral sources who work with of jumping into a room full of strangers ing as one with a Darth Vader ringtone. clients similar to yours. They might be people who are associated with indus- But networking can be a valuable way to - tries where your practice concentrates. meetat a networking new clients, event cement fills yourelationships with fear. der. That way someone shaking your Or, perhaps they are successful in the law • Put your name tag on the right shoul with existing ones, and get in contact with hand can move their eye up your arm to and you’d like to connect with them. And referral sources that will help you grow your name. This is, by the way, the most don’t forget your existing clients. It’s al- your practice. frequent question people ask me when ways a good idea to touch base with these I do networking training. So if you’re Most attorneys we’ve worked with hate people when you’re not on billable time. someone who grabs the name tag in networking. “If I wanted to be a sales per- Lastly, you may want to connect with re- your right hand and slaps it on the left son I wouldn’t have gone to law school,” sources in your practice area or one you’d shoulder, know you’re not alone. is the most popular refrain we get when like to enter. we broach the subject of working a room. Lastly, the biggest and best networking When you arrive at the event, scan the I suggest that this is not about “mak- name tags at registration for the people ing sales” but about making connections you want to meet. Or, you can ask event time with people you already know. You that can serve you and your clients well. tip I can give you is this: Avoid spending organizers if particular people have ar- In short, the wider your circle of connec- rived. Ask the organizers to point them the purpose of the meeting in mind—to tions, the more likely you are to succeed are there to make new connections. Keep - make new connections. You may not like with current clients and bring in new ganization that’s staging the event, they’ll these events any more than you did be- ones. out to you. If there are officers of the or fore, but you will feel more of a sense of The key to successful networking starts accomplishment when you leave if you Here are a couple of other tips to help you before you walk in the room. When you also be able to point out specific people. just change your outlook and dive right receive an invitation to an event, ask your- in. I promise it won’t hurt a bit and you self what it can do for you and whether succeed: may end up liking it. CL Visit www.ctbar.org • Get to the event on time, so you can talk Connecticut Lawyer July/August 2014 29 supreme deliberations

Greenwald v. Van Handel, 311 Conn. 370 (2014): Even If Your Therapist Made You Do It, He Won’t Charles D. Ray is a partner at McCarter & English LLP, in Hartford. He clerked for Have to Compensate Justice David M. Shea during the Supreme Court’s 1989-1990 term and appears before the Court on a regular basis. Matthew A. Weiner is a Deputy Assistant State’s You for the Attorney in the Appellate Bureau of the Office of the Chief State’s Attorney. DASA Weiner clerked for Justice Richard N. Palmer during the Supreme Court’s 2006–2007 “Emotional Distress” term and litigates appellate matters on behalf of the State. Any views expressed herein are the personal views of DASA Weiner and do not nec- You Suffered By essarily reflect the views of the Office of the Chief State’s Attorney and/or the Division Getting Caught of Criminal Justice. By Charles D. Ray and Matthew A. Weiner

The negligence claim asserted in Green- view child pornography after he reached public policy. If, as a matter of public pol- wald v. Van Handel, 311 Conn. 370 (2014) the age of majority. He claimed that Van icy, the defendant’s responsibility should was, let’s just say, a little unorthodox. The Handel’s treatment of Greenwald was not extend to the harm alleged, then the claim had its genesis in a raid conducted negligent, and that it led to Greenwald’s plaintiff will be unable to establish that he at the home of Lee Greenwald, whom po- continued viewing of child pornography, was owed a legal duty, and his negligence lice suspected of possessing child pornog- and to the police raid. Greenwald sought claim will fail as a matter of law, even if raphy. During the raid the police seized damages from Van Handel for, among computers, backup hard drives, and other other things, “the humiliation, publicity, defendant. the specific harm was foreseeable to the electronic devices. Greenwald was arrest- embarrassment, and economic repercus- Greenwald turned on the public policy ed, eventually pled guilty to promoting a sions associated with [his] conviction and minor in an obscene performance in vio- attendant registration as a sex offender.” whether “it is the public policy of this lation of General Statutes § 53a-196b, and aspect of the duty analysis; specifically, Not surprisingly (to us at least), the supe- state to impose a duty on [Van Handel] to protect [Greenwald] from injuries result- with 20 years of probation. rior court granted the defendant’s motion received a five-year suspended sentence to strike the complaint, a decision that the ing from the police raid of [Greenwald’s] But Greenwald’s acceptance of responsi- home and...prosecution as a consequence bility for his conduct did not extend be- Court was not unanimous in doing so, and of his downloading and viewing of child yond the steps of the criminal court. Just anSupreme analysis Court of the affirmed. majority But and the dissenting Supreme pornography.” The majority opinion, au- four months after the police raid, Gre- Greenwald reveals what thored by Justice McDonald and joined enwald sued David Van Handel, a social - by the Chief Justice and Justices Palmer, worker who previously had treated Gre- tweenopinions members filed in of the Court regarding a enwald but hadn’t seen him for over two appears to be a significant chasm be to this question in the common-law max- years. Greenwald alleged that over the imsZarella, that and “[n]o Espinosa, one shall found be permitted the answer to course of Van Handel’s treatment—which fundamentalAs many of aspectyou likely of tort remember law: duty. from - occurred while Greenwald was between tage of his own wrong, or to found any the ages of seven and seventeen—Gre- of negligence” is duty. In Connecticut, claimprofit uponby his his own own fraud, iniquity, or to or take to acquire advan your 1L year, the first of the “five fingers enwald had mentioned on more than one whether the defendant owed a legal duty property by his own crime.” Although rec- occasion that he viewed child pornogra- to the plaintiff—and thus whether the ognizing that the Court never previously phy on the Internet. Greenwald claimed plaintiff can maintain a negligence action had considered whether those principles that because of Van Handel’s failure to against the defendant—turns on two fac- apply to negligence actions generally, the treat him in connection with this conduct, majority noted that the “wrongful con- to refer him to another mental health the plaintiff must have been foreseeable duct rule”—which precludes a plaintiff tors. First, the specific harm alleged by professional for treatment, or to notify to the defendant. Second, holding the de- from maintaining a tort action for inju- his parents of his “dangerous and crimi- fendant responsible for the harm suffered ries sustained as the direct result of his nal behavior,” Greenwald continued to by the plaintiff must be consistent with knowing and intentional participation in

30 Connecticut Lawyer July/August 2014 Visit www.ctbar.org a criminal act—has support from our sis- 52-572h(b). By precluding the plaintiff was not because the plaintiff sought dam- ter states. from presenting his theory to a jury, the ages independent of his illegal conduct. Greenwald majority had “inappropriately Although most of the complaint sought The majority also described the rule as circumvent[ed] and frustrate[d] the leg- recovery for damages resulting from the sound in principle. It explained, for ex- islature’s purposeful mandate to abolish police raid, one paragraph referenced the ample, that without the rule, a wrongdoer [the] doctrines that result in a complete “large sums of money for professional can obtain recovery for harm suffered bar to recovery.” In a similar vein, Justice mental health care including therapy and as a result of his own criminal conduct. Eveleigh expressed concern that as a re- prescription drugs necessary for [the This would lead to several unacceptable sult of the majority’s “ruling, [the Court plaintiff’s] recovery and maintenance” results, including permitting wrongdo- was] establishing the public policy of which, Justice Eveleigh concluded, was a ers to shift responsibility for their illegal the state for civil cases involving child “standard allegation in a malpractice ac- acts to others, allowing wrongdoers to pornography, when the legislature ha[d] tion” unrelated to the plaintiff’s wrongful proscribed the conduct as a crime, but conduct. their illegal conduct, and risk the public ha[d] not proscribed the conduct in a civil “view[ing]profit from the for legalreceive system compensation as a mockery for Distilled to its core, Justice Eveleigh’s dis- of justice.” Indeed, permitting recovery to action. In [Justice Eveleigh’s] view, when sent expresses the view that it is a jury, such a wrongdoer also would run counter [the Court] engage[s] in such a scattered rather than a judge, that should decide to the “fundamental policy purposes of approach to public policy considerations whether a plaintiff is entitled to recover the tort compensation system [namely] [it is] overreaching [the Court’s] bound- damages as the result of purportedly neg- compensation of innocent parties, shift- aries and setting a dubious precedent.” ligent conduct. To those of you familiar ing the loss to responsible parties or dis- Second, Justice Eveleigh contended that with the Court’s recent tort law jurispru- tributing it among appropriate entities, the wrongful conduct rule is “ill suited dence, Justice Eveleigh’s position may not and deterrence of wrongful conduct....” to tort actions and does not provide ade- come as much of a surprise. In the last quate guidance to trial courts.” In support, couple of years, he has repeatedly clashed Applying the principles underlying the with his colleagues on the question of wrongful conduct rule to the facts of Gre- he argued, among other things, that the wrongful conduct rule does not prevent whether to recognize a legal duty in the enwald, the majority determined that context of a negligence claim. In a plaintiff from profiting by wrongdoing Jarmie because the plaintiff had “admitted to , 306 Conn. 578 (2012), for because a plaintiff pursuing a negligence v. Troncale conduct that constitutes a serious felony, example, Justice Eveleigh authored a dis- claim only seeks to be “made whole.” For and such conduct ha[d] a direct causal sent (joined by Justice Harper) contend- Justice Eveleigh, it is the wrongful con- connection to his alleged injuries,” he was ing that a defendant doctor owed a legal duct rule that “contaminates the court barred as a matter of law from obtaining duty to a motorist hit by a patient of the system” because “[b]arring an alleged the recovery that he sought. Stated an- doctor who had been diagnosed with a plaintiff’s negligence action...confer[s] other way, the majority concluded that medical condition that posed a risk to the immunity on a tort-feaser merely because “it would violate the public policy of our patient’s ability to drive safely. In Grenier the tort was done to someone engaged in state to impose a duty on the defendant v. Commissioner of Transportation, 306 illegal or wrongful conduct.” to protect the plaintiff from injuries aris- Conn. 523 (2012), Justice Eveleigh dis- ing from the legal consequences of the Third, Justice Eveleigh believed that the agreed with his colleagues and penned a plaintiff’s volitional criminal conduct, un- majority’s holding ran counter to General concurrence and dissent that argued that, lawful viewing and downloading of child Statutes § 52-190a(a), which requires, in by virtue of Connecticut’s anti-hazing pornography.” relevant part, that a plaintiff seeking to statute, a fraternity owed a general com- Justice Eveleigh, writing for himself in sue a health care provider for negligence mon-law duty to provide a member with dissent, expressed a much different view. safe transportation home from a required For him, the Court’s endorsement of the opinion from a similar health care pro- fraternity event. vider,must firstexpressing obtain the a written view “that and signedthere wrongful conduct rule and application of Justice Eveleigh’s consistent resistance Green- appears to be evidence of medical negli- notwithstanding, it doesn’t appear that wald was problematic for four reasons. gence.” To Justice Eveleigh, this statutory the Supreme Court will be retreating from it to the specific facts presented in requirement “represent[ed] the public First, Justice Eveleigh believed that by its role as gatekeeper to the world of neg- policy of the state regarding malpractice endorsing the wrongful conduct rule, ligence anytime soon. And although we actions,” and the imposition of further the Court strayed from well-established are sympathetic to the concerns raised restrictions by way of the wrongful con- Connecticut jurisprudence. In particu- in Justice Eveleigh’s dissent, Greenwald’s duct rule constituted a “rewriting [of] the lar, Justice Eveleigh likened the rule to demand that his therapist compensate statute.” the doctrine of contributory negligence him for the distress he suffered from which, before the legislature abolished Finally, Justice Eveleigh concluded that the police investigation of his volitional, it decades ago, barred a plaintiff from re- even assuming the majority’s adoption criminal conduct is just too far out there covery where the plaintiff was even one of the wrongful conduct rule was proper, for us to criticize nipping his suit in the percent negligent. See General Statutes § its application to the facts of Greenwald bud. CL

Visit www.ctbar.org Connecticut Lawyer July/August 2014 31 COURT Decisions The following highlights are provided by the publishers of The Connecticut Law Reporter. For copies of these opinions or information about the reporting service, call (203)458-8000. All citations are to the weekly edition of the Con- necticut Law Reporter. Highlights from Recent Superior Court Decisions

stock [in two closely held corporations] Commercial Law such that each receives 50 percent of the Environmental Law law duty to use due care in processing owned shares in each company,” consti- A private property owner may seek in- bankingUnder Connecticut transactions law to a which bank’s a common-customer tutes a “transfer pursuant to a divorce” junctive relief under CEPA for soil contam- is a party extends even to transactions in- within the meaning of a buyback clause ination caused by the faulty installation of volving funds that have never been held in a shareholder agreement. Therefore an oil furnace even if contamination has by the bank on behalf of the customer. the “transferred” (or “divided”) shares not spread beyond the plaintiff’s own Red Law Firm, LLC v. Webster Bank, 57 are subject to repurchase at the option of property. Moskowitz v. Edgerton, Inc., 57 CLR 640 (Fischer, Brian T., J.). The opinion the two companies, at least with respect CLR 313 (Adams, Taggart D., J.T.R.). The holds that allegations that the defendant to shares acquired subsequent to the ex- opinion also holds that allegations that bank negligently honored a fraudulently ecution of the shareholder agreements. the furnace installer intentionally with- endorsed check payable to the plaintiff (Shares issued prior to the shareholder held information that the failure of a - agreements remain unaffected by the newly installed oil furnace was caused by gence, even though the check was drawn dissolution division of shares and there- onare a sufficient third party to and state the a claimfunds forwere negli im- fore are not subject to buyback rights.) Larkin v. Portland Winair Co., 57 CLR 503 anda piping around error the that plaintiff’s allowed home, a significant while mediately paid to the forger and there- amount of oil to flow into the soil under fore were never held in the customer’s (Schuman, Carl J., J.). attempting to remedy the furnace failure without disclosing either the spill or its account with the bank. The opinion con- Shanghai Real Estate Limited v. Greenberg, responsibility for the failure, do not allege ducts a public policy analysis of whether 57 CLR 515 (Pickard, John W., J.), holds such a cause of action should be recog- that a limited liability company need not - nized, concluding that both banks and be a party to an application brought by tionconduct of emotional that is sufficiently distress. The “outrageous” allegations customers expect due care in the honor- a judgment creditor seeking a charging to support a claim for intentional inflic ing of third-party checks payable to bank order against a member’s interest in the customers, the imposition of liability LLC, as authorized by Conn. Gen. Stat. § are, however, sufficient to state a claim for would have the positive effect of encour- 34-171, because a charging order affects aTorcasio violation v. of CR CUTPA. USA, Inc., 57 CLR 331 aging good banking practices, and the only the rights of the member and not (Doherty, Joseph W., J.), holds that the lim- duty imposed on a bank is minimal. The those of the LLC. Therefore an applica- itations periods for trespass and nuisance opinion also holds that contrary to the - rule of most jurisdictions, the negotiable a Connecticut action against a judgment nated groundwater onto the plaintiff’s instruments provisions of Connecticut’s defendant’stion for a charging interest order in a foreign may be LLC filed even in claims for the continued flow of contami though the court lacks jurisdiction over ceases, even though the plaintiff had been do not eliminate common-law causes of the LLC. awareproperty of dothe not contamination commence until and theongoing flow actionversion against of the aUniform bank for Commercial negligence inCode the remediation efforts for many years before A buyer’s conveyance of title to property handling of customer transactions. commencing suit. to an LLC solely owned by the buyer does Corporations and Other Busi- not deprive the buyer of standing to sue Insurance Law ness Organizations the seller for tort claims arising out of Amica Mutual Insurance Co. v. Basu, 57 A division of shares between two for- the purchase transaction, nor does the CLR 340 (Wagner, Jerry, J.T.R.), holds that mer spouses pursuant to a provision of LLC lack standing to prosecute the same a homeowners policy providing coverage a separation agreement requiring that claims. Wei v. HSBC Bank, N.A., 57 CLR 617 for “property damage,” with that term de- the parties “divide all of their shares of (Boland, John D., J.). Visit www.ctbar.org 32 Connecticut Lawyer July/August 2014 fined as “physical injury to, destruction of, or loss of use of tangible property,” D&M Screw Machine Products, LLC v. Ta- der Practice Book § 2-16 for the pro hac does not apply to a claim against an in- bellione, 57 CLR 689 (Gleeson, Marcia J., vice admission of an out-of-state attor- sured for fraud and misrepresentation as J.). ney with an expertise in legal malpractice to the physical condition of a home sold to claims to assist a local sole practitioner a buyer, because the claim seeks recovery Landlord and Tenant to prosecute an action against a large UB Stamford, LP v. Athlete’s Foot of Stam- for economic injury caused by misrepre- ford, Inc., 57 CLR 240 (Grogins, Jack L., sentation, rather than for physical injury J.T.R.), holds that a lease guaranty reciting to the property. Connecticut firm with representation by that “the liability of guarantor hereunder requirementanother large forlocal permitting firm, based a partlypro hac on - shall be a continuing one and shall extend the court’s finding that the “good cause” fend an insured should be permitted to to any and all agreements that may be withdrawA law firm if retainedduring the by representation an insurer to thede - Connecticutvice admission counsel has been were satisfied unwilling on theto insurer obtains a declaratory judgment of tion, renewal or assignment of the pres- undertakefact that several the matter firms approacheddue to preexisting by the no duty to defend, the insurer refuses to entgiven lease,” in extension, extends toamendment, a one-year modifica holdover relationships with the defendant or the period following the expiration of the defendant’s counsel. and the insured is unable to afford the lease, at least where the guarantor was provide further compensation to the firm Barraza v. Guerrier, 57 CLR a principal of the corporate tenant and E-mail communications between an at- 301 (Truglia, Anthony D., J.). was actively involved in the management firm’s fees. of the business throughout the holdover concerning pending litigation are privi- Andrade v. Tradition Golf Club of Walling- tenancy. leged,torney but and that officials privilege of ais townwaived agency if of- ford, LLC, 57 CLR 462 (Nazzaro, John J., J.), A landlord’s authority to impose condi- third parties, including lower ranking em- for vehicles “designed mainly for use off tions on a tenant’s control over a pet dog ployees.ficials share Morello those v. communicationsNorwich, 57 CLR with582 publicholds thatroads” an appliesexclusion to claims of UIM arising coverage out does not create liability to a visitor under (Parker, Thomas F., J.T.R.). The opinion of the use of golf carts. The opinion holds the Dog Bite Statute, but may create lia- also holds that email communications be- that a plaintiff injured at a golf course bility under a premises liability theory of tween the municipality’s counsel and an when a golf cart tipped over cannot re- recovery. Curran v. Day, 57 CLR 143 (Hud- independent medical expert retained by dleston, Sheila A., J.). The opinion extends the municipality to examine the plaintiff by the plaintiff’s personal motor vehicle the Supreme Court’s 2012 holding in Gia- two years before the plaintiff brought suit policy.cover under the UIM benefits provided calone v. Wallingford Housing Authority are not protected by the attorney/client that a landlord may be liable on a prem- Frederick v. Northfield Insurance Co., 57 privilege, nor by the attorney work prod- ises liability theory to a tenant for injuries CLR 204 (Sheedy, Barbara J., J.T.R.), inter- uct privilege because the medical exami- caused by another tenant’s dog, to claims pets a “non-employee labor” exclusion of nations held two years before suit cannot for injury to third-party visitors as well as coverage under a commercial general li- considered to have been conducted in an- to tenants. ability insurance policy for bodily injury ticipation of litigation. claims brought by “any person who par- A lease for retail space does not impliedly ticipates in the course of work performed require that a business be continually op- Sports Law - by you, who is not employed, subcontracted erated on the premises, even though an able for the negligence of local clubs or or being compensated in any way by you,” extended suspension of business opera- U.S. Lacrosse, Inc. is not vicariously li referred to as a “non-employee labor” or tions may risk loss of the premises’ zon- coaches because the organization does “volunteer worker” exclusion. The opin- - not have control over its members, but it may be liable for injuries to a local player ion construes the exclusion as broadly ap- conforming use. Clintonville Associates, that were caused by the negligence of plicable to any volunteer who steps in to LLCing v. classification Marsal, LLC , as56 aCLR pre-existing 907 (Maronich, non help an employer, at least where the help Michael G., J.). a local coach who received inadequate is requested by the employer and provid- training at coaching programs conducted Guilfoil v. Weber, 57 CLR 257 (Schimel- ed under the employer’s supervision. by the organization. Rider v. Tennis Enter- man, Stuart M., J.T.R.), holds that the ben- The general rule that an insurer seeking prises, Ltd., 57 CLR 278 (Peck, A. Susan, - to deny coverage based on an insured’s J.). The opinion holds that allegations that dence may commence a summary process failure to comply with a time limit for giv- a local player was injured due to a dan- actioneficiary while of a the testamentary decedent’s giftestate of ais resistill ing notice of a claim must establish preju- gerous condition existing at a practice fa- being probated, even though the property dice (referred to in the opinion as the cility caused by a local coach’s failure to remains subject to the probate court’s au- “notice prejudice rule”), does not apply to inspect the facility before each practice, thority to order that possession and con- “claims made” liability insurance policies, whose negligence was in turn caused by trol be surrendered to the executor. i.e., liability policies which cover claims the organization’s failure to include the need to make such an inspection in its in- presented to the insurer within the policy Law of Lawyering period or during a short extension period UHY, LLP v. Master-Halco, Inc., 57 CLR 668 following the policy termination date. (Nazzaro, John J., J.), grants a petition un- structional clinics, are(continued sufficient on to pagestate 36) a Visit www.ctbar.org Connecticut Lawyer July/August 2014 33 YOUNG LAWYERS

Investing in the Next Generation of Lawyers through the Young Lawyers Section’s Law Student Mentoring Program

Emily Graner Sexton is the chair of the Connecticut Bar Association Young Lawyers Section for the 2014-2015 bar year. She is an appellate prosecutor for the Office of the Chief State’s Attorney where she represents the State in criminal appeals before the Connecticut Supreme and Appellate Courts. She graduated from the University of young attorneys have the chance to play Connecticut in 2003 with a Bachelor of Arts degree in Political Science and Spanish and an important role in the development of from Quinnipiac University School of Law in Schoollaw students of Law, from and WesternQuinnipiac New University England a law student or newly minted attorney. 2007 with a Juris Doctor degree. CollegeSchool ofSchool Law, ofUniversity Law with of the Connecticut goal of as- Because law students are often most fo- sisting students navigate law school and cused on passing the bar examination embark on their legal careers in Connecti- cut. Given the current economic challeng- lawyers who have been practicing for a es and the obvious interest that members fewand years finding are gainful often the employment, best equipped young to When I began my involvement in the CBA Young Lawyers Section (YLS) nearly a de- of the YLS have in assisting law students, mentor a law student in these areas. Simi- cade ago, I never imagined that one day I this program is not only necessary, but larly, it is often the junior and mid-level would be lucky enough to serve as chair also is in accord with the YLS’s commit- associates who can best offer sage advice of the section. However, as a result of the ment to public service and enhancing our regarding how to network in Connecti- legal community. cut’s legal community and excel as a new attorney. have received and the intricate role that - immeasurably beneficial mentoring that I the CBA had in my leadership develop- formal mentoring that several of my col- ment, I am now embarking on a journey leaguesThis program and I findsreceived its genesisthrough in the the YLS in of many young attorneys. It was past YLS that I hope will be marked by several ex- when we were beginning our legal ca- ChairI certainly Jessica benefited Ballou fromwho recruited the guidance me citing opportunities for all CBA members reers. I feel personally indebted to many to serve as the law student liaison to my to serve the bar. In an effort to spread the past members of the YLS who took an word about the various initiatives that interest in me and spent time helping third year in law school. Jessica contin- the YLS is working hard to implement, uesalma both mater, to be Quinnipiac a consummate Law, role during model my I plan to use this column each month to and the epitome of legal professionalism. highlight some of the programs that the seasonedme find my attorney way in withthis profession.the inclination While to She was instrumental in ensuring that my YLS has undertaken. advisenearly themeveryone in their hopes career one development,day to find a transition from law school to the legal This year, the YLS is launching a law such veteran attorneys are rarely avail- profession was smooth; she invited me student mentoring program, in which able to law students or new attorneys. to bar events where she introduced me members of the YLS will be paired with Instead, it is often the case that other to rising stars in the legal community and

34 Connecticut Lawyer July/August 2014 Visit www.ctbar.org encouraged me to actively participate in advice, resume review, interview prepa- the bar association. To this day, she re- needed to head the YLS. I was privileged ration, and pointers for beginning their me to gain the confidence and experience legal career on the right foot. Through Likewise, it was through my participation guidance, and I work hard to provide that this program, the mentors will serve as mains a confidante and a lifelong friend. in the YLS that I had the great fortune of sameto benefit level fromof support both Jessicaand guidance and Proloy’s to our valuable resources for the students as meeting another past YLS Chair and for- newest members. they navigate the legal profession. To the extent that you are interested in serving Das. When I met Proloy, I was a law stu- Although I speak from personal experi- as a mentor, please contact me at emily dentmer who Assistant dreamt State’s of becoming Attorney: an Proloyappel- ence, I am keenly aware that I am not [email protected] or Jennifer Miller, late prosecutor. Proloy’s advice played a Director of the YLS Mentoring Program, from the insights and guidance of other at [email protected] for additional alone; many new lawyers also benefited dream. He offered unique insights into leaders in the YLS. We are optimistic that information. meaningful role in my fulfillment of this the new mentoring program will not only This is but one of many initiatives that the Chief State’s Attorney and helped me allow those of us who previously ben- the hiring process at the Office of the YLS is working on for the upcoming bar year, and I am excited to share with the Equally important, as YLS Chair, he gave to others, but will also provide a real ad- efited from mentoring to return the favor bar the other projects to which the YLS meto preparethe opportunities for my first and interview commensurate there. vantage to law students who continue to has committed its resources. I am enthu- responsibilities to demonstrate my lead- - siastic about the year to come, and I look ership skills within the YLS. Succeeding ering legal job market. The YLS will unveil struggle to find employment in the recov forward to serving you and working with in the assignments he gave me not only its mentoring program this fall with the you to advance our profession. allowed me to work with more senior goal of providing law students with net- CL members of the CBA, but also allowed working opportunities, bar examination

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Highlitghts (Continued from page 33)

claim against the organization. The opin- nership interests were acquired, but not ion also holds that the federal Volunteer to the general management of the pooled claimed to hire only experienced and Protection Act, which grants immunity to investments. Allegations that a fitness club falsely injury to the plaintiff caused by the club’s government entities, provides immunity qualified personal trainers, resulting in- onlyvolunteers to individual of nonprofit volunteers organizations and not and to against another requires the existence organizations or entities. ofA CUTPAat least claim some by competitive, one commercial commercial party use of an unqualified trainer, are suf or other business relationship between D’Amicoficient to v. LA state Fitness a cause, 57 CLR of action242 (Truglia, under Trade Regulation the parties. Shehu, LLC v. Adams, 57 CLR AnthonyCUTPA for D., a J.). deceptive business practice. Romano v. Marvin, 57 CLR 533 (Jennings, 484 (Roche, Vincent E., J.). The opinion Alfred J., J.T.R.), holds that the general rule Ames v. East Brook F, LLC, 57 CLR 329 holds that a Connecticut attorney cannot (Cole-Chu, Leeland J., J.), holds that a - transactions, because securities trans- torney’s false publication of statements actionsthat CUTPA are exclusively does not apply regulated to securities by the based solely on injuries from a slip and thatrecover the underConnecticut CUTPA attorney’sfor a California internet at fallCUTPA on theclaim defendant’s against a retailerpremises, cannot even be a marketing efforts were in violation of claim alleging recklessness by the defen- the ABA rules of professional responsi- limitedConnecticut partners Uniform of an Securities investment Act, doesfund dant. bility, because there is no allegation that CL againstnot bar the CUTPA fund’s claims general brought manager by thefor the two attorneys competed in the same market nor that they had any business re- would apply to the investment transac- lationship. tionsmismanagement pursuant to of which the fund the limitedassets. CUSApart-

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