November 2020 Vol
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THE JOURNAL OF THE NASSAU COUNTY BAR ASSOCIATION November 2020 www.nassaubar.org Vol. 70, No. 3 Like us on Facebook 2020-21 NCBA COMMITTEE LIST Page 18 NCBA COMMITTEE MEETING CALENDAR Page 20 Open Doors to SAVE THE DATE New Business with NCBA Virtual Holiday Celebration NCBA Member THURSDAY, DECEMBER 3, 2020 6:00 PM via Zoom Exclusive Programs See pg. 6 WHAT’S INSIDE Criminal Law New Repeal of Old Law Provides Insight Into Law Enforcement Disciplinary Records pg. 3 Growing your firm’s business and reach has the application, copy of current profession- at what was considered to be community never been easier with the help of the Nassau al insurance coverage, and check or credit service rates. Although the panels’ original Recent New York State County Bar Association’s Lawyer Referral card information must be mailed to: Nassau focus were labor and employment disputes, Chokehold Law: Meaningful Service and Arbitration and Mediation pan- County Bar Association, Lawyer Referral over the years, the panels expanded to include Reform or Cruel Hoax? pg. 5 els. Members can receive new potential client Information Service, 15th and West Streets, arbitrators and mediators trained and experi- referrals and join panels which handle cases Mineola, NY 11501. enced in a wide variety of practice areas. Cannabis and COVID-19: at the most efficient rates—benefits exclu- "The Lawyer Referral Service has been a Requirements to join the NCBA panels as A Hazy 2020 Vision pg. 6 sively offered to active NCBA Members only. great resource for my practice for many years. a mediator or arbitrator are quite stringent, I have received a consistent flow of business and the majority of panel members sit on Acknowledging the Realities Lawyer Referral Service (LRS) opportunities. It's an opportunity for me to a wide variety of other private and court- of Transgender People in the “I have been a member of Lawyer referral gain a new client. People appreciate the fact based panels. In addition to a minimum Criminal-Legal System pg. 7 for 25 years. In that time, I have received a that I take the time to try and help them. It's training requirement of 40 hours of Part number of lucrative clients. The return on a chance for me to get my name out there and 146-compliant training for mediators, with Autistic Victims and Defendants investment has been fantastic,” said NCBA expand my network." said NCBA Member similar training requirements for arbitra- Need More Robust Protections President-Elect Gregory S. Lisi. George Merritts. tors, applicants must demonstrate relevant Under the Law pg. 8 Each year, the Nassau County Bar Additional information and can be found at experience, must be in practice at least Association (NCBA) receives an influx of calls www.nassaubar.org under the “Join the Lawyer ten years, and must be NCBA Members in Use of Acquitted Conduct in from members of the community regarding Referral Service Information Panel” tab. good standing. Applicants who meet those Sentencing: Is the Tide Turning? pg. 9 personal legal matters. Callers who are look- requirements are then screened by NCBA ing for an experienced and knowledgeable Alternative Dispute Resolution (ADR) Judiciary Committee, which reviews and U.S. Department of Education attorney to work with them on a legal issue Are you looking for expeditious, timesav- must approve all applicants before they may Issues New Rules Protecting Due are forwarded to the Lawyer Referral Service ing, and cost-effective solutions to resolve serve on a panel. Process Rights in Student (LRS) Program by an NCBA staff member. disputes that might otherwise be litigated in On account of the commitment of the NCBA to its members, as well as the courts Disciplinary Hearings pg. 12 These new potential clients are then intro- court? Lower cost mediation and arbitration duced to members of the LRS Panel, com- through the NCBA is available to the public and the community, the fee charged for either Virtual Testimony in prised of active NCBA Member attorneys and all legal professionals who are looking for mediation or arbitration is just $300 an hour, with a flat administrative fee of only $500 Criminal Trials pg. 13 looking to cultivate business opportunities. reasonable fees that are less expensive than “Being affiliated with the NCBA Lawyer other alternative dispute resolution providers. for each case. In the time of both presump- The Lawyer as Comic Book Referral Service has provided an additional Mediators and arbitrators are highly skilled tive ADR, coupled with a pandemic which Crime Fighter pg. 14 means of meeting prospective clients. The attorneys who have been admitted to the has limited access to the courthouse, the firm likely also experiences enhanced repu- New York Bar for a minimum of 10 years as NCBA Arbitration and Mediation Panels tational status from its long affiliation with, well as screened and approved by the NCBA offers attorneys an exceptional tool to assist and referrals by, an institution as widely Judiciary Committee. their clients resolve their disputes and move respected as NCBA,” said NCBA Member The the NCBA Mediation and Arbitration forward with their lives and their businesses. OF NOTE Matthew S. Seidner. Panels have a long-standing history at Domus. Special thanks to Marilyn Genoa and Jess Membership on the LRS panel is open as Understanding that alternative dispute resolu- Bunshaft for their contribution to the ADR NCBA Member Benefit - I.D. Card Photo an exclusive benefit to active NCBA Members. tion, or as our Members like to call it, “appro- section of this article. Marilyn Genoa and To join the panel, Members are asked to priate dispute resolution,” affords clients a Jess Bunshaft are Co-Chairs of the Nassau Obtain your photo for Secure Pass Court County Bar Association’s ADR Committee, fill out the application form located on our more economical alternative to resolve their overseeing the Bar Association’s arbitration ID cards at NCBA Tech Center website at www.nassaubar.org. The applica- disputes, a roster of arbitrators and mediators and mediation panels as well as serving on Only For New Applicants tion form allows the applicant to choose the was established in the 1980s. The initial goal the mediation panels themselves. They’re panels he/she wishes to be on. Once signed, was to provide a roster of top-quality neutrals also independent mediators and arbitrators. Cost $10 CONFIDENTIAL HELP IS AVAILABLE UPCOMING PUBLICATIONS TO LAWYERS AND JUDGES COMMITTEE MEETINGS alcohol or drug use, depression or other mental health problems Thursday, December 3, 2020 at 12:45 PM Call Lawyer Assistance Program (888)408-6222 Thursday, January 7, 2021 at 12:45 PM AttorneyAttorney Grievance Grievance & & DisciplinaryDisciplinary Defense Defense LOWER COST AnAn allegation allegation of ofprofessional professional misconduct misconduct can can tarnish tarnish your your reputationreputation and and place place your your law law license license in injeopardy. jeopardy. Let Let the the MEDIATION AND experiencedexperiencedteamteam of ofDavid David H. H. Besso Besso and and Michelle Michelle Aulivola Aulivola helphelp you you achieve achieve a favorablea favorable result. result. ARBITRATION Through the Nassau County Bar Association Expeditious, time-saving, and cost-effective solutions to resolve disputes that might otherwise be litigated in court DavidDavid H. H.Besso, Besso, past past Chairman Chairman MichelleMichelle Aulivola Aulivola has has Available to the public as well as to all legal of theof the Grieva Grievancence Committee Committeeforfor the the defendeddefendedattorneysattorneys th 1010Judicialth Judicial District District and and past past President President involvedinvolvedin attorneyin attorney professionals of theof theSuffolkSuffolk County County Bar Bar Association, Association, disciplinarydisciplinary matters mattersandand hashas been been representing representing attorneys attorneys for for grievangrievance ceinvestigations investigations Reasonable fees that are less expensive than other moremore than than twenty twenty years. years. forforthethe past pastfifteenfifteen years years. alternative dispute resolution providers LongLong Tuminello, Tuminello,LLPLLP Mediators and arbitrators are highly skilled attorneys 120120 Fourth Fourth Avenue Avenue admitted to the New York Bar for a minimum of 10 BayBay Shore, Shore, New New York York 11706 11706 years, as well as screened and approved by the NCBA (631)(631)666666-2500-2500 Judiciary Committee. www.longtuminellolaw.comwww.longtuminellolaw.com For rules, applications, and additional information, please call (516) 747-4126. LAP VIRTUAL WELLNESS SERIES CO-SPONSORED BY NYSBA LAWYER ASSISTANCE PROGRAM Thursday, November 5, 2020 l Healthy Body, Healthy Mind 12:30 PM Presented by Chiropractor and Personal Trainer, Dr. Benjamin Carlow. Dr. Carlow will discuss how healthy living and eating increases well-being. Thursday, November 12, 2020 I Leading a Meaningful Life 6:00 PM Presented by Libby Coreno, Esq., Co-Chair of the NYSBA Lawyer Well-Being Task Force. Libby will share strategies on how to live a full and meaningful life. Thursday, November 19, 2020 I Strategies to Recognize and Manage Burn Out 6:00 PM Dr. Kerry Murray O'Hara, Psy.D. will discuss ways to prevent, recognize and manage burnout. To register for the virtual LAP Wellness Series, contact Beth Eckhardt at [email protected] or call (516) 294-6022. Support LAP! Visit www.nassaubar.org/lawyer-assistance-program-3/ today to make a $25 suggested donation. Nassau Lawyer November