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Access to Justice Begins with Legal Services in This Issue… PATRICIA M

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Access to Justice Begins with Legal Services in This Issue… PATRICIA M SEPTEmbER 2009 | VOL.24, NO.7 Access to Justice Begins with Legal Services IN THIS ISSUE… PATRICIA M. HYNES, PRESIDENT New York County DA Candidates’ Debate Providing access to justice has been a fundamental part of the New York City September 9th Bar’s mission, and it’s a priority I fervently share. In these economic times, the page 4 difficulties of ensuring that low income New Yorkers have access to justice have been compounded. The economic fallout is particularly apparent in New York Kickoff Reception – Young Lawyers Connect City’s Civil Court, which has had around 300,000 consumer debt-related filings First Thursdays in the past year alone, representing a huge increase and a growing trend. Clearly, September 10th more people are falling through the safety net and into poverty. page 4 As we have described in previous issues of 44th Street Notes, the Association has How to Succeed as a Reduced expanded its efforts to deal with the growing need for assistance. The City Bar or Flexible Hours Associate Justice Center has established a program with the Federal Reserve Bank of New York to help people September 22nd page 5 facing foreclosure. The Justice Center’s Consumer Bankruptcy Project has expanded to help meet the need. Our Civil Court Committee, in concert with other bar associations and organizations around the Putting ADR on Your RADAR City, is providing counseling and assistance to consumer debtors in Civil Court. And our Monday Night September 23rd Law program, run by the Committee on Legal Services for Persons of Moderate Means, is looking to page 5 expand its weekly legal assistance clinics at the Association. Assessing Human Rights Of course, our programs and other pro bono efforts meet only a portion of the need. It is essential in Iran that legal services organizations be adequately funded and able to use their resources fully in order to September 29th page 6 handle the enormous number of issues faced by the City’s poor. In areas like consumer debt, housing, and family law, the risks of proceeding without Ethical Considerations for assistance are too great. Corporate Investigations “We will continue to work to undo 2009 – CLE The Association has been working to see that City, September 17th these harmful and counterproductive State, and federal funding for legal services be page 11 restrictions, so organizations that maintained and enhanced even in this budgetary Litigation Skills climate, as the consequences of not providing the Workshop – CLE represent the poor can do so without legal services will likely pose a greater cost to September 21st & 22nd one hand tied behind their back, and government than providing those in need with page 13 legal services. can give their clients the full range The Business of Being of services and representation that In addition to supplying funding, the federal Green – CLE government, without spending a dime, can September 29th they deserve.” page 10 substantially improve the capacity and effectiveness of organizations that receive funds from the Legal continued on p.2 CONTENTS access to justice begins with legal services: continued from p.1 Access to Justice Begins Services Corporation (LSC). In 1996, Congress established, and has maintained, a series of restrictions with Legal Services 1 limiting how LSC funds can be used and the types of cases these organizations can handle. Among other Nominating Committee Request 2 restrictions, these organizations cannot handle class actions. They cannot represent any undocumented City Bar Events 4 immigrants, certain documented immigrants, or prison inmates in civil proceedings. Nor can they seek attorney’s fees even where otherwise permitted by statute. Exacerbating these and other limitations is that Calendars 8 the restrictions apply to the organizations’ use of funds from all sources, not just the LSC. CLE Courses 10 Therefore, a legal services office cannot make use of a state grant to represent immigrants, or use any Committees Seeking of its funds to bring a class action against a predatory lender or pursue attorney fees to curb abusive New Members 15 litigants preying on low-income families, so long as one dollar of its funding comes from the LSC. Committee Reports 16 Some organizations have set up separate organizations to operate with non-LSC funds, incurring the New Executive burdensome administrative expense and procedural difficulties that come with such a bifurcation. Committee Members 18 Many others cannot afford to go this route. September 2009 CLE Fortunately, there is hope that the weight of these restrictions will start to lift. President Obama Registration Form 19 recommended to Congress that it end the restrictions on bringing class actions and seeking attorney’s City Bar Trains fees, and to lift restrictions on the use of non-LSC funds. The House of Representatives, in its appro- Deferred Associates back page priations bill for the 2009-10 fiscal year, lifted the restriction on LSC-funded organizations seeking September Career attorney’s fees. The Senate Appropriations Committee has voted to lift most restrictions on Development & Networking the use of non-LSC funds. As this column is being written, we are awaiting action by the full Senate. Events & CLE Courses back page Young Lawyers Connect: Progress is being made. We will continue to work to undo these harmful and counterproductive Second Annual First restrictions, so organizations that represent the poor can do so without one hand tied behind their Thursdays Series back page back, and can give their clients the full range of services and representation that they deserve. TH 44 STREET NoTES Bettina B. Plevan, Chair John S. Kiernan Editor Nominating Proskauer Rose LLP Debevoise & Plimpton LLP Eric Friedman 1585 Broadway 919 Third Avenue Associate Editor Committee New York, NY 10036 New York, NY 10022 Christina Bruno Phone: 212.969.3065 Phone: 212.909.6692 Graphic Design Request Fax: 212.969.2900 Fax: 212.909.6836 Carrie Chatterson Studio [email protected] [email protected] Marketing Director The Nominating Committee of the Adele Lemlek City Bar solicits your suggestions Hon. Rolando T. Acosta Susan Kohlmann Advertising for candidates for the following Appellate Division, First Jenner & Block LLP Alison Fidler 212.382.6753 Department 919 Third Avenue, Fl. 37 Siddiiqa Habibullah 212.382.4742 offices and committee members 27 Madison Avenue New York, NY 10022 Executive Director for terms commencing May 2010: New York, NY 10010 Phone: 212.891.1690 Barbara Berger Opotowsky President, three Vice Presidents, Phone: 212.340.0564 Fax: 212.891.1699 44th Street Notes (ISSN 10791019) Secretary, Treasurer, four Members Fax: 212.340.0582 [email protected] is published monthly except July and August [email protected] for $25 per year by The Association of the of the Executive Committee (Class Bar of the City of New York, 42 West 44th Victor A. Kovner Street, New York, NY 10036-6604. Periodicals of 2014), and five Members of the David M. Brodsky Davis Wright Tremaine LLP postage paid at New York, NY. Postmaster: Audit Committee. Please submit Latham & Watkins LLP 1633 Broadway, Fl. 27 Send address changes to 44th Street Notes, 885 Third Avenue New York, NY 10023 42 West 44th Street, New York, NY your suggestions to any member New York, NY 10022 Phone: 212.489.8230 10036-6604. For subscription information, of the Committee by September 22, please call 212.382.6656. Phone: 212.906.1628 Fax: 212.489.8340 This publication is printed with soy-based 2009. The Nominating Committee Fax: 212.751.4864 [email protected] environmentally friendly inks on 50# paperfect, members are: [email protected] which is produced from renewable resources, such as eucalyptus leaves, that have little or Hon. George Benjamin Daniels no negative impact on forests, and is approved US District Court (SDNY) by The Forest Stewardship Council and the 500 Pearl Street, Room 630 Rainforest Alliance. New York, NY 10007 NYC Bar Members: Phone: 212.805.6735 To change your address, please contact Fax: 212.805.6737 212.382.6665 or [email protected]. [email protected] www.nycbar.org 2 | 44TH STREET NOTES | SEPTEMBER 2009 www.nycbar.org Follow Us, Friend Us, Link to Us The New York City Bar is now on Twitter. Follow us at: http://twitter.com/NYCBarAssnNews Get the latest City Bar press releases, committee reports, and more. http://twitter.com/NYCBarMembers Get info on membership, programs, events, benefits, and more. http://twitter.com/CLEatTheNYCBar Get updates on upcoming CLE courses. http://twitter.com/JusticeCtrNews Keep up on City Bar Justice Center projects, trainings and events, and follow news relevant to the Justice Center mission. http://twitter.com/VanceCenter NY Law Journal / Rick Kopstein Get the latest about Vance Center projects and related international justice news. On August 5th, Robert Khuzami, Director of the Securities On Facebook, become a fan of the New York City Bar and and Exchange Commission’s Division of Enforcement, gave the City Bar Justice Center, and join the Young Lawyers his first major policy speech at the New York City Bar. He Connect group. described the Commission’s major initiatives in his first 100 On LinkedIn, join the New York City Bar Association group days and how he foresees the Commission being more and the New York City Bar Association – Young Lawyers efficient and successful in the future. Connect group. www.nycbar.org SEPTEMBER 2009 | 44TH STREET NOTES | 3 CITY BAR EVENTS Unless otherwise noted, programs Speakers: networks. Meet fellow attorneys, CPAs, are free of charge; open to all GREG CANCILLA, EnCE, Director, and other young professionals while enjoying members, their guests and the Forensics, RVM Inc.; GEOFF SHERMAN, beverages from Heartland Brewery, eDiscovery Consultant, RVM Inc.; Glenrothes, and Root:1 wine; hors d’oeuvres; general public; and held at the MICHAEL H.
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