November 2006 Visit us at www.nycla.org Volume 2 / Number 9

NYCLA’s 92nd Annual Dinner: Honoring Law Schools INSIDE LABOR RELATIONS AND by Allison Slotnick his 1976 book, The Twenty-Fifth Amend- ber of the New York bar for “unselfish ser- EMPLOYMENT LAW ment, Mr. Feerick received a Pulitzer Prize vice to the profession and the community.” COMMITTEE’S PUBLIC NYCLA’s 92nd Annual Dinner at the Wal- nomination. He is a past recipient of the Law Mr. Bartlett, a graduate of Harvard Law FORUM: dorf Astoria on December 12 will celebrate and and Society Award from the New York School, specializes in general litigation in recognize law schools. The event’s Dinner Lawyers for the Public Interest, the 1999 Cit- federal and state courts. He is a former INJURIES AND Chair is John D. Feerick and the William Nel- izen Achievement Award from the New York Chair of the New York State Board of Law CLAIMS OF WORLD son Cromwell Awardee is Richard J. Bartlett. State League of Women Voters, NYCLA’s Examiners and has served as Dean of the Al- The event’s keynote speaker is Hon. Joseph M. William Nelson Cromwell Award, the Associ- bany Law School of Union University. Mr. TRADE CENTER’S McLaughlin, Judge for the Second Circuit ation Medal of the City Bar Association and Bartlett was the minority whip in his last FIRST RESPONDERS Court of Appeals. the New York State Bar Association’s Gold year in the New York State Assembly and Medal, its highest award. also served as a New York State Supreme NOVEMBER 20 John D. Court Justice and the first Chief Administra- 3 Feerick William tive Judge of New York. He has received the Nelson Charles Hughes Award from the Warren Dinner Chair John County Bar Association and the New York EMBER ROFILE D. Feerick served as Cromwell M P Award State Bar Association’s Gold Medal. Mr. VILDA VERA MAYUGA the Dean of his alma Bartlett was also a Captain in the United mater, the Fordham The William Nel- States Air Force, Judge Advocate’s General University School of son Cromwell (JAG), during the Korean War. Law, for 20 years. Award, established He stepped down in in 1964 under Hon. Joseph M. McLaughlin 2002 to resume a NYCLA President John D. Feerick full professorship Leo Gottlieb, will Judge McLaughlin, the keynote speaker, is Richard J. Bartlett and now serves as the be presented to a United States Circuit Court Judge for the Founder and Director of the Feerick Center Richard J. Bartlett, Second Circuit Court of Appeals. He is also for Social Justice and Dispute Resolution, principal at Bartlett, Pontiff, Stewart & an adjunct professor at St. John's University which opened at Fordham earlier this year, Rhodes, P.C. The award is given each year in School of Law. He was formerly a District and as Chair of NYCLA’s Justice Center. Mr. honor of Mr. Cromwell, whose foresight and Court Judge, the Dean of Fordham University Feerick served on the task force that helped generosity enabled the construction of the School of Law and Chairman of the New develop the 25th Amendment to the U.S. NYCLA Home of Law. It perpetuates Mr. York State Law Revision Commission. Constitution on presidential succession. For See ANNUAL DINNER Page 11 Cromwell’s memory by recognizing a mem- 3 Public Service Professionals honored at NYCLA: SPECIAL EVENT AT NEW-YORK HISTORICAL SOCIETY FOR Hon. Jonathan Lippman is Keynote Speaker SUSTAINING MEMBERS: On September 28, sequestration; new rules governing fiduciary THE SOCIETY PRESENTS NYCLA held its annual appointments; rules governing multi-disci- Public Service Awards plinary practice of law; and rules pre- NEW YORK DIVIDED: Reception recognizing scribing continuing legal education for all SLAVERY AND THE CIVIL eight public sector attor- attorneys. In his keynote address, Judge neys. The keynote address Lippman lauded the honorees for choosing WAR was delivered by Hon. public service over a more lucrative career 4 Jonathan Lippman, Chief in the private sector. (An excerpt of Judge Administrative Judge, Lippman’s address is on page 11; the full New York State, who text of his speech is on NYCLA’s website at received the Association’s www.nycla.org in News & Publications, MESSAGE FROM THE Award for Conspicuous under Speeches.) Service. Catherine A. PRESIDENT Christian, NYCLA’s Criminal Justice Public Service COPING WITH THE President Elect, and Hon. Fellowship Awardees NEW CERTAINTY William J. Davis, Chair of EDWIN DAVID ROBERTSON NYCLA’s Public Service The Criminal Justice Public Service Awards Committee, pre- Edwin David Robertson (at left), NYCLA President, and Fellowships are awarded based on an essay sented awards to six Hon. Jonathan Lippman (on right), Chief Administrative competition open to public sector attorneys public sector attorneys in Judge, New York State, who received NYCLA’s Award for practicing up to seven years in the field of 5 recognition of their dedi- Conspicuous Service. criminal justice. This year’s essay question cation and commitment was: “Collateral Consequences of a Criminal and the Criminal Justice Conviction: What Are They and Who Needs played a central role in many far-reaching THE EROSION OF PRIVACY: Section presented its Public Service reforms of New York’s judicial system and to Know?” The 2006 winners were Sean Fellowships to two attorneys who practice the legal profession during Chief Judge Sullivan, Assistant District Attorney, Special TRIUMPH OF criminal law in the public sector. Judith S. Kaye’s tenure, including establish- Investigations Bureau, Office of the Special ment of problem-solving community courts, Narcotics Prosecutor, and Peter Theis, Staff TECHNOLOGY Hon. Jonathan Lippman drug courts and domestic violence courts; Attorney, Center for Appellate Litigation. OVER ANONYMITY creation of specialized commercial and mat- Winners received a cash stipend of $2,000. The longest-serving Chief Administrative rimonial parts; opening of the Family Court (The awardees’ essays appear on page 15.) Judge of all New York State Courts in New to the public; extensive reform of the jury 8 York State history, Judge Lippman has system and elimination of mandatory jury See PUBLIC SERVICE Page 11 Is there a better way to run your back office?

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Admitted to the Bar: 2004 Education: Boston University, B.A.; University of Puerto *DHL Next Day - 10:30 AM, 12:00 PM or 3:00 PM Rico School of Law, J.D. *DHL 2nd Day *DHL Ground NYCLA Member since 2005 *International Express Services Q. Why did you join NYCLA? All services may not be available in all areas and are subject to DHL Terms and Conditions as A. One of my New Year’s resolutions was to become more involved published at www.dhl-usa.com. in the legal community and broaden my professional network. Although I had joined NYCLA prior to being admitted to the bar, I never attended a committee meeting and only took advantage of the CLE Institute’s Bridge the Gap 1 Program for newly admitted attorneys. T-MOBILE To fulfill my resolution, I joined the Minorities and the Law Committee and absolutely love the meet- T-Mobile has set up a Business Direct Campaign for NYCLA members in order to provide ings and programs. The group is so welcoming and full of energy. the best possible discounts. For new activations, call 866-464- 8662 and reference this code: 3448GETMOR. Q. What do you enjoy most about practicing law? A. Helping people. When I first entered law school, I knew that I wanted to learn everything I could about the law so I could serve as a resource to others who might not know where to find the neces- Discounts on Subscriptions sary information to make informed decisions. I like getting to the bottom of things; any time NYCLA members receive a complimentary one-year subscription to the New someone tells me I can or cannot do something, I ask for the source. In my current position, I work York Enterprise Report. The Report features “how-to” articles written by with people from a wide variety of backgrounds and the challenge is to ensure that we are all experts for small and midsize businesses in the New York area and is a must working together effectively. read for those wanting to grow their companies. For more information and to get your free subscription, visit www.nyreport.com/nycla. Q. What do you do when you are not practicing law? A. Go salsa dancing! It is a great stress reliever and a good workout. It is so much fun and puts New attorneys and first-time subscribers enjoy a substantial discount on New York Law everyone in a good mood. In addition to dancing, I run and cycle. I always encourage my col- Journal subscriptions, as well as a 30 percent discount on leagues to find an activity that takes their mind away from work. Exercise not only enhances your Law Journal Press books and newsletters. For more informa- energy, it clears your mind and provides you with a positive attitude. tion, call 212-545-6234 or 800-888-8300. Crain’s New York Business is pleased to offer FREE six-month subscriptions to NYCLA mem- bers who are not current or recently expired subscribers. Crain’s provides lively news, fea- CALENDAR OF EVENTS tures, lists and information about the New York-area economy, business people, industries and companies. This offer is valid for addresses in Events are subject to change; please check the Association’s website, New York, New Jersey and Connecticut only. To take advantage of this www.nycla.org, for schedule changes and additions. special offer, please email Richard Price at [email protected]. NOVEMBER tax deductible to the extent provided by law. Keynote Speaker: Catharine MacKinnon, femi- PUBLIC FORUM: REVIEW OF CHANGES nist attorney, is the Elizabeth A. Long Professor of TO FEDERAL RULES OF CIVIL Law at the University of Michigan Law School. She THICS OTLINE PROCEDURE (effective December 1, 2006) is the author of several books, including Are E H Wednesday, November 8 Women Human?, Women’s Lives, Men’s Laws November 1-15 November 16-30 December 1-15 December 16-31 6:00 PM and Toward a Feminist Theory of the State. Robert Roach Margaret Mockbee Don Savatta David Wirtz Place: NYCLA Home of Law – 14 Vesey Street The conference will explore the information released 212-825-2841 706-296-4608 212-983-6000 212-583-2699 FREE in the U.N. Secretary General’s Study on Violence Speakers: Magistrate Judge James C. Francis IV, against Women and educate attendees by providing U.S. District Court for the Southern District of New up-to-date, comprehensive information about current York, and Adam Cohen, Esq., Senior Managing Di- concepts of violence against women. rector, FTI Consulting, Inc. (an electronic evidence Sponsors: American Association of University SUBSTANCE ABUSE DIRECTIONS TO NYCLA group). Before joining FTI, Mr. Cohen was a litiga- Women-New York City Branch, BPW International OTLINE NYCLA is located at 14 Vesey Street between tion partner at Weil, Gotshal & Manges LLP. He is NY, Soroptimist International NY, U.S. Committee H Broadway and Church, across the street from St. Attorneys, judges, law students and members the coauthor (with Weil partner David J. Lender) of for UNIFEM-Metro New York Chapter, Zonta Club Paul’s Chapel and around the corner from City Hall. the annually updated treatise Electronic Discovery: of New York (in collaboration with Equality Now), of their immediate families can get confiden- By Subway: 2 and 3 to Park Place; A, C and E Law and Practice (Aspen Publishers) cited in three Gray Panthers, National Council of Women, tial help with alcohol or substance-abuse to Chambers Street; 4, 5 and M to Fulton Street. of the Zubulake opinions. Sanctuary for Families, Coalition Against Trafficking problems 24 hours a day, seven days a week, Moderator: Thomas V. Marino, Chair, NYCLA’s in Women and other community organizations. By Bus: M103 to City Hall; M1 and M6 to by calling the toll-free hotline 800-255-0569. Federal Courts Committee Please Note: CLE credit will be available for the Fulton Street Sponsor: NYCLA’s Federal Courts Committee last workshop for an additional $25 fee (cash or RSVP: [email protected], Subject: Civil Procedure check made payable to NYCLA). RSVP: Download Forum a registration form by logging on to www.zon- tanyc.org and clicking on “Announcements.” Correction PUBLIC FORUM: AN AMERICAN In the article titled “NYCLA’s Hidden ‘Lions’ of the Bar” in the October issue, we iden- PUBLIC FORUM: INJURIES AND CLAIMS TRAGEDY - THE DREISER NOVEL AND tified Associate Supreme Court Justice John Marshall Harlan as the sole dissenter from THE REAL-LIFE CASE OF WORLD TRADE CENTER’S FIRST Thursday, November 9 RESPONDERS the Court’s decision in Plessy v. Ferguson (1896). It was his grandfather, Associate 6:30 PM Monday, November 20 Justice John Marshall Harlan, who dissented. We apologize for the error. Place: New York City Bar – 42 West 44 Street 6:00 PM FREE Place: NYCLA Home of Law – 14 Vesey Street Sponsor: New York City Bar FREE Co-Sponsor: NYCLA Law and Literature Committee Sponsor: Labor Relations and Employment Law TABLE OF CONTENTS Panelists: Hon. Judith S. Kaye, Chief Judge of the Committee State of New York; Professor Susan N. Herman, Co-Sponsors: NYCLA Environmental Law, Health Attorneys Guide…14 Message from the Executive Law, Insurance Law and Municipal Affairs Brooklyn Law School, and Daniel Kornstein, Chair, Committees Director of the CLE Institute…11 NYCLA Law and Literature Committee Cellphone Drive…6 Speakers: Dr. Robin Herbert, Co-Director, World Message from the President…5 An exploration of the 1906 case, People v. Gillette, Trade Center Worker and Volunteer Medical City Harvest…7 on which Theodore Dreiser’s epic 1925 novel, An Screening Program, Associate Professor, Metropolitan Museum Concert American Tragedy, was based. CLE Programs…11 Community and Preventive Medicine, The Mount Series…6 Sinai School of Medicine; Mark Solomon, Esq., PUBLIC FORUM: WEB 2.0 - UPGRADE CLE Tech Programs…13 & 16 Senior Law Judge, New York State Workers’ Musicians from Marlboro…6 YOUR WEB MARKETING Compensation Board; Jordan A. Ziegler, Esq. Contribute to Criminal Justice Thursday, November 16 Partner, Brecher, Fishman, Pasternack, Popish, Section’s Public Service Fellowship New-York Historical Society…4 6:00-8:00 PM Heller, Rubin & Reiff, P.C.; Andrew J. Gibbs, Esq., Program…17 NYCLA’s 92nd Annual Dinner…1 Place: NYCLA Home of Law – 14 Vesey Street Member, Cozen O’Connor; Marc J. Bern, Esq.; FREE Senior Partner, Napoli Bern Ripka, LLP; and Correction…3 NYCLA Foundation Annual Sponsor: Cyberspace Law Committee Norman Siegel, Esq. Law Offices of Norman Siegel Appeal…6 Speakers: Scott Lichtman, COO, Nitron Advisors; RSVP: [email protected], Subject: November 20 Editorial Policy…16 Martin Schwimmer, Partner, Schwimmer Mitchell Forum Erosion of Privacy…8 NYCLA Library’s Old English Law Firm; Natalie Sulimani, Partner, Sulimani & Reporters…13 Nahoum; and Henry Diaz and Ron Katter, Co-Chairs DECEMBER Ethics Hotline…3 of NYCLA’s Solo and Small-Firm Practice Committee NYCLA’S 92nd ANNUAL DINNER: NYS Parent Education and Learn how blogging, online referral networks, Events Calendar…3 HONORING LAW SCHOOLS Awareness Program…7 research-sharing WIKIs and more can expand your Holiday Discounts…14 firm’s profile and attract prospective clients. Tuesday, December 12 NYU Mock Trial…7 6:30 PM RSVP: [email protected], Subject: November 16 th Join the Bar of the U.S. Supreme forum Place: Waldorf Astoria Hotel – 44 Street and Park Past Events…10 Avenue Court…6 Public Policy Development…6 CONFERENCE: VIOLENCE AGAINST Dinner Chair: John D. Feerick Library Notes…13 WOMEN - A NEW YORK CITY RESPONSE William Nelson Cromwell Awardee: Richard J. Public Service Professionals honored TO THE U.N. SECRETARY GENERAL’S Bartlett, Bartlett, Pontiff, Stewart & Rhodes, P.C. Member Benefits…3 For more information, contact: Christina Andujar at at NYCLA…1 STUDY 212-267-6646, ext. 221 or email at Member Events…6 Saturday, November 18 Remarks of Hon. Jonathan [email protected]. (For more information, please Member Profile...3 8:30 AM – 5:30 PM refer to the front-page article.) Lippman…11 Place: NYCLA Home of Law – 14 Vesey Street Registration: $50 (includes lunch) Ticket price is Sustaining Members…4 4 November 2006 / New York County Lawyer M EMBER B ENEFIT Sustaining Members New-York Historical Society presents:

Sustaining Members enable the Association to remain committed to important pro bono projects, assist us in advocating for legal services for the indigent accused and support the Two Men Before the Storm growth of our exceptional CLE Institute, Library and Business Law Center. Please join this dis- tinguished group. We will add your name to NYCLA’s Honor Roll of Sustaining Members at the Home of Law and recognize you in our publications. Become a Sustaining Member now and be our guest at two upcoming events: New York Divided: Slavery - Lecture and tour at the highly acclaimed New-York Historical Society on Tuesday, November 28. The lecture, “Two Men Before the Storm - New York Divided: Slavery and and the Civil War the Civil War,” will focus on the landmark Dred Scott case. - Special reception with the honorees at NYCLA’s 92nd Annual Dinner at the Waldorf Astoria on Tuesday, December 12. This year’s theme is “Honoring Law Schools” and the Event Date: Tuesday, November 28 at the cost is $15.00. Tickets for events at the Dinner Chair is John D. Feerick. 6:30 PM New-York Historical Society are available through SmartTix. Call 212-868-4444 or log on to: www.smarttix.com. NYCLA is a co-sponsor To join this distinguished group, please call Harriet Astor at 212-267-6646, ext. 212 or email In 1857, the U.S. Supreme Court decided, in the landmark Dred Scott case, that slaves were of this event. [email protected]. property without rights and Congress could not The New-York Historical Society, at 170 halt the spread of slavery. The decision started Central Park West (between 76th and 77th Sustaining Member dues are $550 per year. the nation down the path to Streets), offers NYCLA civil war, but did not end Dred members discounted mem- Sustaining Members (as of October 19, 2006) Scott’s quest for freedom. bership rates: individual Daniel Nelson Adams Mary Dale Dorman Robert L. Haig Gregory Wallance, a lawyer membership is $45 (regu- Joseph Aisley William E. Doud Edward Halle and novelist, tells Scott’s story larly $55) and dual/family Stanley Aaron Alt Raymond James Dowd Philip M. Halpern through the eyes of Arba Crane, a lawyer who membership is $85 (regularly $100). For Albert Altesman Daniel C. Draper Henry S. Halprin championed his cause, and reveals the man at more information, go to www.nyhistory.org William B. Aronstein Thomas G. Draper Jr. Robert J. Hantman the heart of the Supreme Court decision. The and to join the Society, call Julie Seymour, E. Nelson Asiel Paul S. Edelman David H. Harmon cost for this program for New-York Historical Director of Membership, at 212-485-9233 or Salvatore Aspromonte Malcolm J. Edgerton Jr. Joel B. Harris Society members is $8.00 and for nonmembers, email her at [email protected]. Francois Kin-Wai Au Charles Edwards Vilia Beleckas Hayes Joyce Phillips Austin Hon. Betty Weinberg Ellerin Linda Hayman John H. Babigian Hon. Annette S. Elstein Robert B. Haynes Ernest Edward Badway Klaus Eppler Philip D. Held PROFESSIONAL DEVELOPMENT Hon. Harold Baer Jr. Albert W. Epstein William Charles Herman Prospecting for New Business William Edward Bandon III Lloyd Epstein Cathi A. Hession Presented by Jeremy Rawtiz of the Sandler Sales Institute William Edward Banfield Robert K. Erlanger Thomas Francis Hickey Thursday, November 9 at 6:00 PM at the Home of Law Clarence S. Barasch Lester Esterman Herbert H. Hirschhorn RSVP: Katharine Wells at [email protected] or call her at 212-267-6646, ext. 209. Lester Alan Baron Hon. Martin Evans Hyman A. Hochman If you are like most lawyers, you enjoy what you do but may find the task of generating new Earl Barrison Michael C. Fahey Jack S. Hoffinger clients a bit distasteful. Here is your chance to “Test Your Sensitivity for Client Development” with Simeon Harold Baum Patrick J. Falvey Kevin Thomas Hoffman a quiz developed by Jeremy Rawtiz of the Sandler Sales Institute. Irving Bearman Dean John D. Feerick Stephen D. Hoffman Rules for the quiz are simple. Read the statements below. If you ALWAYS agree with a state- Jack A. Bennardo Hon. Wilfred Feinberg Prof. Mariana Hogan ment, give yourself a rating of 10. If you SOMETIMES agree, give yourself a 5. If you NEVER Sabino J. Berardino Alan Leslie Fell Michael J. Holland agree, give yourself a zero. This article is interactive... you will need to get out your pencil and fill Morrell I. Berkowitz Lucas A. Ferrara Hon. Howard M. Holtzmann in your score to each question. Ready to go? Scott Mitchell Berman Raymond Stuart Fersko Leo Howard Kenneth J. Bialkin Arthur Norman Field Richard R. Howe 1. You make a conscious effort to solicit “add-on” business when you are with a customer or client... Peter Bienstock Joseph Vincent Figliolo Richard W. Hulbert 2. You are uncomfortable when trying to sell your ideas to your peers or superiors... Jacob Black Fred D. Fine James Edward Hurley Jr. 3. You believe selling to be an honorable profession...Be honest with yourself, now... Martin Blackman Hon. Margaret J. Finerty Betty Jane Jacobs 4. You feel uncomfortable when making a sales call accompanied by one of your colleagues... Hon. Albert A. Blinder Robert S. Fink Robert A. Jacobs 5. You feel “in control” when interfacing with a prospect... Arthur G. Blitz Rosalind S. Fink Sue C. Jacobs 6. You find it easy to get prospects to commit to a retainer... 7. You see yourself as an assertive person... Robert B. Block Daniel Finkelstein Laurence E. Jacobson 8. You dislike making sales calls alone... David R. Blossom Robert Finkelstein David Jaroslawicz 9. You handle rejection well... Eugene L. Bondy Jr. Jack Flamhaft Frank S. Johnson 10. You feel uncomfortable in selling situations when a lot is at stake... Franklin S. Bonem Gilbert S. Fleischer Peter J. Johnson 11. You can get sales without discounting... William Brafman Thomas J. Fleming Michael Paul Joseph 12. You find it difficult to organize your time... Prof. Frank A. Bress Lauren Fox Alan E. Kahn 13. You enjoy presenting your ideas to groups... Janiece Brown Spitzmueller Peter James Franco M. Emanuel Kaiser 14. You would feel uncomfortable if asked to speak at a social function... Joseph Bruno Joseph Frank Joseph I. Kaldor 15. You consider yourself a good listener... James T. Buckley Jr. Hon. Samuel G. Fredman Phyllis Marie Kamysek 16. You like asking for referrals... Howard Walter Burns Jr. Richard Edward Friedman Benjamin R. Kaplan 17. You have a healthy self-concept... Lucien Burstein Robert Friedman Ronald J. Katter 18. Your self-concept is bruised if you are unsuccessful in what you are trying to accomplish... Robert A. Calinoff Samuel Friedman Harry I. Katz 19. You handle defeat well... Emily A. Canelo Wilbur H. Friedman Robert M. Kaufman 20. You find yourself defending your position when dealing with prospects... Gregory J. Cannata Dudley J. Gaffin Stephen Rackow Kaye For test results, total your answers to all of the odd number statements. Total your answers to all of the even John A. Cannistraci Anthony Henry Gair Joseph J. Kelly number statements. Subtract your even total from the odd total. We call this your “selling sensitivity quotient.” Liberato Carbone Thomas C. Galligan John J. Kenney Scores of 75 or below – do not worry. You are right where you should be. After all, you have probably invested Benjamin M. Cardozo Lt. Col. Martin Gallin Morris B. Kessler over 18 years in formal education, another six to ten years towards your discipline but only ten hours or fewer Gerald I. Carp Martin Nardi Gamliel Jeffrey Mitchel Kimmel in learning and understanding the selling process. If you scored 75 or higher, congratulations! You may count Christopher Robert Carroll Barry H. Garfinkel Joan Stern Kiok yourself among the rare few who have natural selling, negotiating and “bedside-manner” skills. Edward G.H. Chin Stanley Geller Leslie Kirsch © 1994, 2001 2006 Sandler Systems, Inc. Sylvia Fung Chin Robert Glasser Hon. Alfred H. Kleiman Catherine Ann Christian Thomas W. Gleason James B. Kobak Jr. OBTAINING CHOICE JOBS OUTSIDE THE BIG FIRMS Paul Francis Clark Bruce W. Glickman Henry Kohn Oscar J. Cohen Gladys Glickman Belle G. Kopel Program for all lawyers considering a transition Thomas V. Cooke M. Robert Goldstein Harry A. Kornfeld Tuesday, November 14 - 6:30 PM Leslie D. Corwin Henry Lewis Goodman Daniel J. Kornstein NYCLA Home of Law - 14 Vesey Street Lewis R. Cowan Hyman Goodman Carolyn A. Kubitschek (between Broadway and Church Street) Hon. Stephen G. Crane Michael E. Gorelick Susan Y. Kunstler Louis Crespo Robert S. Gottlieb William Francis Kuntz II Moderator Renaye Brown Cuyler Sidney Gottlieb Rafael Lacot Brett Ward, Blank Rome, and Co-Chair of the Young Lawyers’ Section Emanuel Dannett Franklyn Gould Steven S. Landis Speakers Arnold Davis Prof. Bruce A. Green Craig A. Landy Erick Van Tuyl, Virgin Records Malcolm H. Davis Paul Green Robert Todd Lang Craig Baron, Mendes and Mound Joseph Delman Morris A. Greenbaum David J. Lansner Joy Mele, Lansner & Kubitschek Robert Dembia Michael H. Greenberg Glenn Lau-Kee Kenneth Glasser, Brooklyn DA’s office. John M. Desiderio William Gresser Charlotte Cho-Lan Lee Young lawyers will speak about their experiences in specialized legal fields, such as entertainment, Adolph Dick Marjorie E. Gross Ann B. Lesk public interest, criminal, matrimonial and insurance defense law and offer advice in obtaining jobs in Lester Dolin David M. Grunblatt Seymour S. Lesser these fields. Ivan J. Dominguez Edgar G. Guidone Richard L. Levenson Sponsor Charles E. Dorkey III Young Lawyers’ Section See SUSTAINING MEMBERS Page 14 RSVP: [email protected] and write ‘Young Lawyers’ Section’ in subject line. November 2006 / New York County Lawyer 5

A MESSAGE FROM THE PRESIDENT Edwin David Robertson

New York County Lawyers’ Association Coping with the New Certainty 14 Vesey Street New York, NY 10007-2992. Everyone remembers the old adage executed a durable power of attorney or lawyers are unnecessary for most Phone: (212) 267-6646 “nothing is certain but death and taxes.” health care proxy allowing someone else guardianship matters. We will operate a Fax: (212) 406-9252 In the 21st century, we can probably add to act in the event of a disability, that indi- clinic-type program for lay guardians “the infirmity of old age” to that dismal vidual’s financial affairs and medical deci- offering ‘unbundled legal services’ to pro- Edwin David duo because of the advances of modern sions slide into legal limbo. Checks cannot vide practical assistance and relieve some medicine and public health. Our genera- be cashed, bills cannot be paid and vital of the burdens placed on the court system. Robertson tion’s ubiquitous concern is having to care medical decisions may be delayed due to When Carol and Tony developed the pro- President for an elderly parent or relative, especially the inability of anyone else to step forward ject, they implemented several high-tech aunts, uncles, and cousins who have no and act. The only solution to these prob- tools that were unavailable just a few Sophia J children to take primary responsibility for lems in New York is the appointment of a years ago. For example, the client files for Gianacoplos their care. Over the last 30 years, the term guardian under Article 81. The legal each matter will be maintained on ‘flash Executive Director ‘elder law’ has become the descriptive requirements of an Article 81 guardian- memory keys’ so that the required forms, term for all of those places where our legal ship proceeding are not insignificant. All records and necessary court schedules can Lucas A. Ferrara system intersects with advancing age. newly appointed guardians must take a be maintained and more easily updated Thirty or 40 years ago, ‘will preparation’ training course and even a professional than might have been possible with a per- Chair, Newsletter was a universal component of most guardian is required to take a training sonal computer’s dedicated hard disk Editorial Board lawyers’ skill sets, but that skill is no course on Part 36 of our Court Rules. space several years ago. This will enable longer enough because our aging popula- Appointed guardians are generally users to work on files from any personal Marilyn J. Flood tion’s need for legal planning has grown family members who are either unfamiliar computer that has a USB port. Counsel to NYCLA exponentially. with or unsophisticated about the neces- As part of this program, we will initiate Executive Director of New York County (i.e., “Manhattan” to sity for action and/or may not understand discussions with representatives from the outlanders) faces this problem with some- the legal constraints and obligations. New York County Supreme Court to facil- the NYCLA Foundation what greater urgency than most of the Moreover, grief, emotional turmoil and itate court personnel’s referral of prospec- country. According to the 2000 census, stress are likely to undermine their deci- tive lay guardians to NYCLA’s program. Anita Aboulafia approximately one third of Manhattan’s sion-making abilities. Even then, lay Currently, lay guardians act pro se in Editor one and a half million residents were 60 guardians do not always understand their court and when they try to obtain the nec- years of age or older. These older citizens detailed obligations or get help in dis- essary forms and rudimentary advice from Allison Slotnick become ill, infirm and increasingly less charging them. As the number of these clerks and other court personnel, they are Communications Assistant able to care for themselves as time guardianship proceedings increases, the confronted with the practical and ethical inevitably grinds at the margin of their call grows louder for help from the orga- constraints that disable the courts’ staff Shirley Bracken lives. I can safely predict that everyone nized bar. from giving legal advice to private parties. Advertising Manager reading these words will not only grow old In November, NYCLA becomes the We anticipate that the need for Article himself or herself but will also confront only local bar association to 81 guardianship training Long Island Business News the problems that beset an aging relative offer a pro bono program will not abate as our aging 631-913-4262 or close friend. designed to provide assis- population cohort con- Copyright © 2006 New York Many affluent people provide for the tance to lay guardians in tinues to grow. Our system- County Lawyers’ Association. inevitability of time by preparing powers Article 81 proceedings. Our atic approach will enable us All rights reserved. New York County Lawyers’ Association of attorney, health care proxies and other Guardianship Program was to provide these unbundled grants permission for articles and thoughtful responses in anticipation of spearheaded by Carol A. services combined with the other material herein or portions thereof to be reproduced and what is, after all, inevitable. Sigmond, a member of our use of high-tech tools in distributed for educational or Unfortunately, most of our fellow citizens Supreme Court Committee, order to evaluate costs and professional use through direct contact with clients, prospective cannot afford this type of legal planning. and Anthony L. Soudatt, improve efficiencies to find clients, professional colleagues Even older people with a comfortable Co-Chair of our Pro Bono even better ways to render and students provided that such use shall not involve any matter lifestyle are often unwilling to spend the Committee, who presented this important service to for which payment (other than money necessary to obtain competent a report to the NYCLA the public. We intend to legal fees or tuition) is made and provided further that all legal advice to plan a ‘later life’ strategy Board in September. work closely with court reproductions include the name that would minimize the administrative Together, they thought ‘out- personnel to determine of the author of the article, the copyright notice(s) included in and financial burdens on relatives in the side the box’ of traditional whether the Office of Court the original publication, and a event of their becoming infirm. ways to tackle this problem and devised an Administration should create a uniform notice indicating the name and date of the Association publica- No, this is not an advertisement for innovative ‘unbundled’ approach. Their set of guardianship rules similar to the tion from which the reprint is ‘elder law’ legal services. It is a call to focus is on training lay guardians and pro- rules governing proceedings in the made. Subscription rate: $10.00 action for you to become involved in a pro viding them with the resources necessary Commercial Division of our Supreme per year for non-members bono project that NYCLA is launching to comply with the various Court require- Court. We will also investigate whether New York County Lawyer is that will address the more serious needs of ments for training, accounting, record- any charitable institutions will wish to published monthly (except this growing problem. keeping and court filing, in addition to January and August) for $10 serve as guardians when no ‘professional per year by New York County But first, a little background informa- handling such issues as marshalling assets guardian’ can render this service or the Lawyers’ Association, 14 Vesey tion. When people become unable to care and providing for nursing home arrange- infirm person lacks a relative or friend Street, New York, NY 10007. for themselves in New York, they may ments and pre-paid funeral contracts. For Periodicals postage paid is mailed willing to serve. at New York, NY and additional require a guardian to care for them. This is example, lay guardians must provide a In conclusion, I call upon all NYCLA mailing offices. POSTMASTER: similar to the old ‘committee’ appointed bond, provide designations with court members to consider volunteering for this Send address changes to: New under law for an ‘incompetent person’ clerks and file periodic reports concerning York County Lawyer, 14 Vesey project. It is inevitable that you yourself Street, New York, NY 10007-2992. several decades ago. Our current their stewardship. Given New York’s will confront the issues of caring for an ‘guardianship’ regime is more flexible unique ethnic mix, there are also require- elderly or infirm relative. Recognizing this USPS #022-995 ISSN: 1558-5786 than the old ‘committee’ approach. ments for translation services because certainty can help you relate, not only pro- Specifically, Article 81 of the New York guardianships often involve people who fessionally but also personally, to each $10.00 of membership dues is deducted for a one-year State Medical Hygiene Law provides the are not English speakers. person that NYCLA will serve. This is a subscription to the New York legal framework to declare that a person is NYCLA volunteers will focus pri- project that you cannot only get your County Lawyer. incapable of caring for himself or herself marily on ensuring that these reports and hands on but also put your heart in. Please and to appoint someone else to serve as accountings are properly prepared – a task contact our Pro Bono Director, Lois Photo Credits: the guardian of that person and/or his or that may be challenging to a lay person Davis, at [email protected] and tell her Anita Aboulafia her property. thrust into the guardianship role. that you are ready to help because “It’s the Joseph Pottanat Hence, when an infirm person has not Generally speaking, court appearances by right thing to do.” Katharine Wells 6 November 2006 / New York County Lawyer

PLEASE JOIN US AS WE WELCOME NEW NYCLA MEMBERS AND THE NEW YEAR WITH A CHAMPAGNE TOAST NYCLA Foundation Annual Appeal Thursday, January 11, 2007 - 6:00 PM by James B. Kobak Jr. and education programs for people such as: victims of domestic violence who are seeking a divorce; Home of Law people who attend our Legal Counseling Clinics to 14 Vesey Street NYCLA members have generously supported obtain advice about family, consumer bankruptcy, (between Broadway and Church Street) our Foundation’s Annual Appeal over the years and we encourage you to continue or increase employment or landlord/tenant law; elderly New Meet NYCLA leaders and learn about the benefits of membership. your level of support for the 2006 Annual Appeal. Yorkers who need assistance with estate-planning The Foundation is actively raising funds to sup- documents like wills and health care proxies; and RSVP: Katharine Wells at [email protected] or call her at port the activities and resources of NYCLA, high school students who are learning about their 212-267-6646, ext. 209. which serves so many of us in so many ways, rights and responsibilities through law-related edu- whether it be through the Library, CLE, com- cation courses. mittee work and task forces, the ethics hotline, The NYCLA Foundation is a 501 (c) (3) orga- informative programs and networking opportuni- nization; all gifts are tax deductible as permitted NYCLA DUES ARE TAX DEDUCTIBLE ties, or as a voice for the profession on issues of by law. You may make your contribution by log- Both NYCLA and its Foundation are qualified tax-exempt organizations under Section 501 (c) (3) real concern to the bar and practicing lawyers ging on to NYCLA’s website at www.nycla.org of the Internal Revenue Code and are not affected by the provisions in the Revenue such as attacks on judges and the proposed adver- and clicking on Foundation or by mailing a check Reconciliation Act of 1993 dealing with lobbying and political expenditures. tising rules. On top of all that, NYCLA offers payable to the NYCLA Foundation to: NYCLA programs on career guidance for lawyers at all Foundation, 14 Vesey Street, New York, NY stages of their careers and many useful resources 10007. NYCLA and the NYCLA Foundation METROPOLITAN MUSEUM CONCERT SERIES for lawyers in all types of practice. appreciate your dedication and generosity. NYCLA members receive a 20 percent discount on select programs. The discounted ticket Your contribution will also help many New also entitles you to enjoy the Museum at no cost (a $20 savings) and includes a 10 per- Yorkers other than NYCLA’s lawyer-members. Mr. Kobak is President of the NYCLA cent discount on parking. Please be sure to tell the Museum that you are a NYCLA Your gift will help underwrite NYCLA’s pro bono Foundation. member and provide your NYCLA ID number.

Sunday, January 21 at 3:00: $16 (regularly $20) Accolades for Pianists: featuring Kirill Gerstein in his only New York recital PUBLIC POLICY DEVELOPMENT NEW YORK, NY – October 19, 2006 – NYCLA announces that Ernest E. Badway, a NYCLA Haydn—Sonata in D Major, Hob. XVI 37; Schumann—Humoresque; Board member and partner with Saiber Schlesinger Satz & Goldstein, LLC, has been named Schubert/Liszt—songs; Ligeti— Etudes; chair of an expanded Task Force on Corporate Responsibility. The Task Force, which previ- Busoni—Sonatina No. 6, “Carmen Fantasy” after Bizet; ously examined best practices for legal professionals in the for-profit community, will now Tchaikovsky—Scherzo from the 6th Symphony (arr. Samuel Feinberg) seek to educate the legal community and general public on issues confronting those who Friday, January 26 at 8:00: $40 (regularly $50) work for or represent the non-profit corporate sector. ORCHESTRAS: featuring Hamburg Symphony’s only New York concert Andrey Boreyko, conductor, Robert McDuffie, violin NEW COMMITTEES Mendelssohn—The Hebrides, Opus 26; NYCLA is considering forming two new committees: Military Law and Education Law. We Tchaikovsky—Violin Concerto in D Major, Opus 35; would like to gauge members’ interest before we proceed. Brahms—Symphony No. 2 in D Major, Opus 73 If you are interested in joining and helping to work on a Committee on Military Law, please email Daniel Kornstein at [email protected]. Friday, February 9 at 8:00: $24 (regularly $30) If you are interested in joining and helping to work on a Committee on Education Law, Metropolitan Museum Artists in Concert: featuring the Museum’s first resident chamber please email David Lansner, [email protected]. ensemble Boccherini—String Quintet in C Major, Opus 30, No. 6; Giovanni Sollima—Selections from Viaggio in Italia for String Quintet (2000); Purcell—Fantasia upon One Note for Strings; MUSICIANS FROM MARLBORO Brahms—Piano Quintet in F Minor, Opus 34 NYCLA members are invited to the 42nd season of Musicians from Marlboro at the Metropolitan Museum on Friday, November 10 at 8:00 PM. Tickets under this offer are $25 (normally $40) and Friday, March 2 at 8:00: $24 (regularly $30) include free admission to the Museum. You are also invited to a free wine-and-cheese recep- Metropolitan Museum Artists in Concert: featuring the Museum’s first resident chamber tion with the artists after the concert at the Goethe Institute at 1014 Fifth Avenue (across from ensemble the Met). To take advantage of this discounted ticket offer, please contact Julia Lin at 212-581- Schubert—Five German Dances, Seven Trios, and Coda for String Quartet, D. 90; 5197, ext.12 or [email protected] and provide your NYCLA ID number. Kodály—Duo for Violin and Cello, Opus 7; Beethoven – Folksongs for Voice & Piano Trio Kurtág—12 Microludes for String Quartet, Opus 13, (1977/78); Bartok – Quartet No. 4 Brahms—String Quintet in G Major, Opus 111 Brahms – Zwei Gesange for Mezzo-soprano, Viola & Piano Sunday March 18 at 3:00: $16 (regularly $20) Mozart – String Quintet in D Major Accolades for Pianists: featuring Inon Barnatan in his only New York recital. Schubert— Save the Date! Four Impromptus, D. 935; Avner Dorman—Solo Piano Work, Premiere; Ravel—Gaspard The second and third concerts this season will be held on March 30 and May 11, 2007. de la Nuit

Friday, April 27 at 8:00: $24 (regularly $30) Metropolitan Museum Artists in Concert: featuring the Museum’s first resident chamber ensemble Mary Nessinger, mezzo-soprano Schubert—Adagio and Rondo Concertante in F Major for Piano Quartet, D. 487; Schönberg—String Quartet No. 2 in F sharp Minor, Opus 10; New York County Lawyers’ Association’s Brettl-Lieder (Cabaret Songs) (1901); Brahms—String Quintet in F Major, Opus 88 Pro Bono Committee Launches For subscription program tickets, call Concerts & Lectures at 212-570-3949, Monday- CELLPHONE COLLECTION DRIVE Saturday, 9:30 AM-5:00 PM, Sunday, 12:00-5:00 PM. Remember to tell them you are a NYCLA member and entitled to a 20 percent discount.

NEW YORK COUNTY LAWYERS’ ASSOCIATION Join the Bar of the U.S. Supreme Court NYCLA’S Committee on the Supreme Court of the U.S. invites you to join the NYCLA Delegation on March 19, 2007 for admission to the Bar of the U.S. Supreme Court. The Drive supports NYCLA’s Uncontested Divorce Project, Submit your application packet to NYCLA by February 15, 2007. Applicants must have been admitted to a State Bar for at least three years in order to participate: which assists low-income individuals obtain divorces. Inactive cellphones and batteries (no accessories, chargers, 1. Obtain an application from Ruth Zipper by emailing her at [email protected]. 2. Complete the application. etc.) will be collected until the end of 2006 and will be recycled. 3. Prepare a check for $100 payable to the U.S. Supreme Court. Donate your inactive cellphones today. 4. Obtain a certificate of good standing from the Appellate Division where admitted. Bring your cellphone to: 5. Submit application, check and certificate to: Ruth Zipper, NYCLA, 14 Vesey Street, New NYCLA Home of Law - 14 Vesey Street York, NY 10007, by February 15, 2007. (between Broadway and Church Street) PLEASE NOTE: SPACE IS LIMITED TO 15 LAWYERS. For more information, contact Lois Davis, NYCLA’s Director of Pro Bono Services, For additional information, call 212-267-6646, ext. 223. at 212-267-6646, ext. 217 or email [email protected]. November 2006 / New York County Lawyer 7 Helping the hungry: volunteer opportunities with City Harvest by Allison Slotnick people with HIV/AIDS. As the holidays approach, City you cannot volunteer your time, you can Ninety-five percent of City Harvest’s Harvest is holding several events that are still visit the market to donate a bag of More than one million people in New funding comes from private sources and perfect volunteer opportunities for com- produce. York City go hungry each year, while at there are many ways that companies, pany team-building events or for lawyers Other events are held throughout the the same time, millions of pounds of including law firms, can get involved on the go. year and companies are encouraged to edible food are thrown away. City through volunteering and event sponsor- Volunteering at greenmarkets is ideal organize their own food drives as well. Harvest, a non-profit organization ship. Many major law firms are already for those who may not have a large block Donating food to City Harvest is easy founded in 1982, is the world’s first, and involved with City Harvest. Sullivan & of time available but still want to help out. and not time-consuming. Paperwork is New York City’s only, food rescue pro- Cromwell and Davis Polk & Wardell are In less than two hours, volunteers visit handled by the organization and drivers gram. The organization collects perish- corporate sponsors. DLA Piper Rudnick greenmarkets, collect excess food from picking up food provide a receipt. In able and prepared food that would actively partners with City Harvest by local farmers and assist in loading it onto addition, the organization issues year-end otherwise go to waste and immediately providing volunteers for events and trucks for immediate delivery to local reports so donors can personally track transports it to soup kitchens and other summer associates to help out with community programs. their donations. community programs. Food delivered by research. Eighteen law firms partici- Another way to City Harvest’s City Harvest reaches a wide variety of pated in the Skip Lunch Fight Hunger volunteer is at the goal is to rescue people, including children and the elderly, event on May 17, where nearly $20,000 Mobile Market, over 20 million as well as the homeless, disabled and was raised. where teams of 5-25 pounds of excess volunteers set up food in the next on-site markets and year. It will deliver NYCLA members can earn CLE credit by judging rounds food distribution this food to com- at the programs complete munity programs so with educational that over 260,000 resources on nutri- hungry New DOWNTOWN INVITATIONAL CLASSIC tion. The Market is Yorkers can have Hosted by held in the Bronx on the second Saturday nutritious food to feed their families. The New York University Mock Trial Team and fourth Wednesday of each month and While City Harvest accepts food dona- in Staten Island on the first Tuesday and tions from anywhere in the U.S., all dis- NYU Campus in Greenwich Village third Saturday. tribution takes place within the five Also, mark your calendars for boroughs. DECEMBER 2-3, 2006 November 18, as City Harvest organizes For more information on upcoming Buy a Bag Day. From 8:00 AM-6:00 events and how you can help, visit the Breakfast, lunch and refreshments will be provided. PM, customers at the Union Square City Harvest website at www.cityhar- Greenmarket will be encouraged to pur- vest.org. For more information, please email Katharine Wells at [email protected] chase an extra bag of produce, which will or call her at 212-267-6646, ext. 209. be distributed that very same night. Ms. Slotnick is the Communications Volunteers are needed to pass out flyers, Assistant at the New York County collect bags and load the trucks. Even if Lawyers’ Association. COMMITTEE MEMBERSHIP Membership on NYCLA committees is open and free to all members. Committees cover every aspect of legal practice and are a great place to network and learn in a friendly, supportive environment. To join, go to www.nycla.org, enter your member info and click on “Join a Bonding & Insurance Committee” or call Miguel Ortiz 212-267-6646, ext. 208. (800) 921-1008 • Same Day Results NYS Parent Education and Serving the Legal Community since 1949 Administration Janitorial-3D Lost Instruments Probate -Appeal Liquor-Beer Licenses-Permits Awareness Program Attachments-Stays Fiduciary Trustees Liens-Conservators by Susan L. Pollett The Office of Court Administration certifies and monitors local providers Bernard Fleischer & Sons The New York State Parent of such services who wish to accept 2 John Street, Suite 201 Education and Awareness Program court-ordered participants. Parents can (PEAP) is ‘alive and well’ thanks to either self refer or be referred by agen- New York, NY 10038-2502 the vision of New York State’s Chief cies. Currently, there are 41 certified www.bfbond.com Judge, Judith S. Kaye, who initiated providers in 52 counties at 72 sites the effort to institutionalize education throughout New York State. For a com- for parents going through a divorce, plete list of certified providers, log on separation or other child-centered liti- to www.nycourts.gov/ip/parent-ed. gation. The Program’s 19-member New York State judges have reported Advisory Board is chaired by Hon. that without the ability to order parents to Evelyn Frazee, Hon. Jonathan attend the program, some parents who Lippman, Chief Administrative Judge needed the education would not attend. of the Courts, New York State, and the Experience and research have shown that Administrative Board that approved parent education has a positive influence the new Rule (Part 144 of the Rules of on children and their parents and it can the Chief Administrator), which was bring about a reduced need for court inter- promulgated this July and permits vention. Legal professionals who have judges, at their discretion, to mandate questions about the program can email parent education. Vanessa Vitola, Program Administrator, at PEAP’s primary goal is to teach par- [email protected], call 888- ents ways they can reduce the stress of 809-2798 or write to: New York State family changes and protect their chil- Parent Education and Awareness Program, dren from the negative effects of 140 Grand Street, Suite 701, White Plains, ongoing parental conflict in order to NY 10601. foster and promote their children’s healthy adjustment and development. Ms. Pollett is the Counsel and Director The curriculum is designed to be sensi- of the New York State Parent tive to victims of domestic violence. Education Awareness Program. 8 November 2006 / New York County Lawyer The Erosion of privacy – triumph of technology over anonymity by Anthony L. Soudatt ZPASS, an RFID system consists of a through toll plazas. Already E-ZPASS has sided with the company. However, the court transponder embedded with digital data spe- provided evidence in lawsuits to prove the held that the DOJ could have limited access to The use of credit cards was first envisioned cific to that unique transponder, a tag reader whereabouts of individuals in divorce and Google's index of website URLs. by Edward Bellamy in his 1887 novel Look- and application software to process the data. custody cases. And New York City adminis- RFID will likely become a ubiquitous ing Backward, set in the year 2000. Bellamy’s Depending on the particular use, an RFID trative officials have used E-ZPASS records technology because of its expected efficiency timeline was off by 80 years, as credit cards tag can also contain personal or private infor- to prove that detectives had falsified overtime gains in supply-chain management. The tags were introduced in the 1920s by oil companies mation about the owner. Proponents of the claims. Similarly, GPS is a two-way technol- will allow product tracking from manufacture selling fuel directly to car owners. In 1950, technology include the Department of De- ogy. In order for the system to chart our desti- to warehouse to distribution to retail outlets. Diner’s Club created the first widely used fense and business entities such as Wal-Mart. nation, it has to track our movements precise- The concern, of course, is what happens after charge card accepted by various New York City Envisioned uses of the system include em- ly. Some rental car companies have utilized the point of sale when the consumer has pur- restaurants in lieu of cash. Consumers had to bedded passports, product tracking, invento- GPS data to determine that renters had ex- chased an RFID-tagged item. When the pro- pay the balance in full each month but were ry control, automotive theft devices and ceeded speed limits and, consequently, im- ducer no longer needs to gather information freed from always having to carry cash to make transportation payment systems such as tolls posed surcharges. about its product, will the transponder cease a purchase. In 1958, the Bank of America in- and subway fares. Biometric devices can be a double-edged to emit data? If a consumer purchases a bottle troduced a credit card, later to become VISA, Credit cards, E-ZPASS and RFID are exam- sword. Their high rate of authentication means of water at CVS, will that bottle be logged which permitted customers to pay only a por- ples of enabling technologies that provide users that it is harder to disprove that the individual when the consumer walks into a Duane Reade tion of the balance. Credit cards ultimately fa- with an immediate benefit in their use – in was not present. Technologies like E-ZPASS store? As with other data-gathering technolo- cilitated travel and commerce by allowing indi- these cases, that of convenience. Other en- and GPS are linked to the vehicles or devices in gies, the potential for misuse exists. viduals to conveniently carry their credit cards abling technologies include Global Positioning which they are embedded but are not capable In his seminal book, 1984, George Orwell with them, even in foreign lands. System (GPS), biometrics and even internet of identifying a specific person. If I loaned my presented a dystopian world in which Big A similar purpose produced the E-ZPASS search engines like Google. Through the use of car to someone else, I could likely prove that I Brother and the Thought Police controlled ac- system, which allows drivers to pay tolls elec- satellite technology and in-car GPS systems, was elsewhere. But with biometrics, how do I cess to information and went to extreme mea- tronically and pass nearly seamlessly through drivers can obtain turn-by-turn driving direc- prove that I was not present when it was my sures to discover the thoughts and behavior of toll booths. In 1991, the E-ZPass Interagency tions in real time. This technology is also avail- biometric pattern that was captured by the elec- individuals. Since its publication, we have la- Group (IAG), representing the toll agencies of able to some cellphone users. Biometric de- tronic reader? beled our governments as Big Brother, ever New York, New Jersey and Pennsylvania, was vices allow individuals to forego keys and pass- Even seemingly harmless technologies like monitoring our actions. The recent controver- created to develop the E-ZPASS system. On words and prove their identity using unique internet search engines such as Google can sies involving the Bush administration and its August 3, 1993, the first electronic toll-collec- characteristics such as fingerprints, iris pat- erode and compromise our privacy. The ability interception of electronic communications rein- tion system was in place on the New York terns, voice and hand geometries. to search online and have results returned with- force that view. However, it is ironic that it is Thruway. By signing up for an E-ZPASS ac- Unfortunately, such enabling technologies in seconds on virtually any topic is perhaps one business and not the government that gathers count, drivers are provided with a radio fre- require that we exchange some personal and of the greatest benefits of the internet, repre- and retains more personal information about quency tag (transponder) that deducts the ap- private information in order to reap the bene- senting a triumph of technology. Consider how us. In fact, when the government wishes to in- propriate toll from their account, which is fits offered. As we utilize these technologies, we searched for information prior to the advent vestigate individuals, it often turns to corporate linked to the owner’s credit card. Like credit we leave behind digital DNA that can poten- of the World Wide Web. Yet, every Google entities to obtain the pertinent data. cards, the E-ZPASS system provides drivers tially identify our presence. This data may be search is cataloged and archived and therefore There is no denying the value that enabling the convenience of a cashless transaction - stored for a period of time and therefore is is itself searchable. Is the day far off when an technologies provide – they save us time and ef- never being caught with insufficient change or accessible. In exchange for the convenience individual’s online search data will be used fort and improve our lives. But it is not a cost- having to fumble for coins during rush hour. of using credit cards, the issuing banks accu- against that individual in a legal proceeding to less utilization. Every time we use these tech- The E-ZPASS system can be considered a mulate a history of our purchases and activi- show knowledge or intent? The Department of nologies we give away a bit of ourselves, bit by precursor to the emerging Radio Frequency ties. Use of the cards also exposes the owner Justice (DOJ) has already been successful in bit, there for the taking. Identification (RFID) system that is intended to identity theft. The same is true of the other subpoenaing Yahoo, AOL and Microsoft to ob- to provide automatic identification of any technologies. When we use E-ZPASS we tain users’ search logs. Google prevailed in re- Mr. Soudatt is Vice Chair of the Cyberspace item that carries an RFID tag. Like E- allow our location to be known as we pass jecting the DOJ’s requests when a federal judge Law Committee. Should the amount of your Life Insurance change too?

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NYCLA Sponsored Member Insurance Program Underwritten by: 159 East County Line Road The United States Life Insurance Company Hatboro, PA 19040 in the City of New York, A member company of American International Group, Inc. 830 Third Avenue New York, NY 10022 *LIMRA International Fast Facts (July, 2004) ©2006 Affinity Insurance Services, Inc. E-3888-1006 10 November 2006 / New York County Lawyer P AST E VENTS ABA Luncheon In August, the ABA hosted a Pro Bono Awards Luncheon featuring Theodore Sorenson (fourth from left), former speechwriter for President John F. Kennedy, as the keynote speaker. Also pictured (from left to right) are: Edwin David Robertson, NYCLA President, Kate Madigan, New York State Bar Associa- tion (NYSBA) President Elect; Debra Brown Stuenberg, partner, Cadwalader, Wickersham & Taft LLP; Mark Alcott, NYSBA President; and Catherine A. Christ- ian, NYCLA President Elect.

Bankruptcy Law Committee In October, the Bankruptcy Law Committee held a reception for Hon. James M. Peck, U.S. Bankruptcy Judge, Southern District of New York (middle), who was ap- pointed in January. Judge Peck is flanked by the co-chairs of the Bankruptcy Law Committee, Bruce L. Weiner (at left) and Todd E. Duffy (on right).

Federal Courts Committee NYCLA's Federal Courts Committee held its annual luncheon honoring the Federal Courts in New York City. Pictured (from left to right) are: Gregg Kanter, Luncheon Committee Chair; Edwin David Robertson, NYCLA President; Hon. Kimba M. Wood, Chief Judge, United States District Court for the Southern District of New York, presenting the Edward Weinfeld Award for Distinguished Contributions to the Administration of Justice to Hon. Charles L. Brieant, United States District Court for the Southern District of New York; and Thomas V. Marino, Chair of the Federal Courts Committee.

Election Law Committee The Election Law Committee presented a public forum on October 19, “New York’s Selection of Voting Machines,” which focused on the security of electronic voting machines and measures that can be taken to ensure votes are accurately counted. Forum panelists were (seated): Doug Kellner, Democratic Election Commissioner and Co-Chair of the New York State Board of Elections; Congresswoman Carolyn B. Mal- oney; and Larry Norden, Counsel at the Brennan Center at NYU Law School and Chair of the Brennan Center Task Force on Voting System Security. The Election Law Committee co-chairs (standing) are Vilia B. Hayes and Jay G. Safer.

Mr. Norden described the features of two types of electronic voting machines that New York is considering – the touch-screen machine, which is similar to screens Library Fundraiser found at ATM’s, and the optical scanner, which scans voters’ ballots. According to On October 23, NYCLA presented a book talk, slide show and reception to ben- Mr. Kellner, New York State has conducted extensive studies on the selection of efit the Library featuring Matthew Bogdanos (pictured), Manhattan Assistant electronic voting machines. A top priority, he said, was to select a machine that pro- District Attorney, Marine Corps Reserve Colonel and author of Thieves of vided “a verifiable paper audit trail.” Ms. Maloney agreed, saying, “Every American Baghdad, which chronicles his team’s recovery of thousands of Iraq’s priceless who is eligible to vote on Election Day should have his or her vote counted. What's antiquities that had been looted during the 2003 invasion. Proceeds from the more, each voter should be able to walk away from the voting booth with a paper fundraiser will be used to help preserve the NYCLA Library’s treatises, docu- record of his or her vote.” New York’s current plan calls for all lever machines to be ments and rare books, some dating back to the 17th century. Col. Bogdanos replaced by a new system by the September 2007 primary donates all of his book royalties to the National Museum of Iraq. NYCLA’s Li- brary, Art, Law and Literature, History, Foreign & International Law Commit- NYCLA’s Civil Rights, Minorities and the Law and Women’s Rights Committees tees and Criminal Justice Section co-sponsored the event. served as co-sponsors of the forum. November 2006 / New York County Lawyer 11 Public Service Professionals NYCLA’s 92nd Annual Dinner From Page 1 From Page 1 Newark; St. John’s University School of Law; Suffolk University Law School; Touro Among the law schools that will be hon- Public Service College-Jacob D. Fuchsberg Law Center; ored at the dinner are: American University- University of Baltimore School of Law; Uni- Awardees Washington College of Law; Brooklyn Law Public service hon- versity of Connecticut School of Law; Uni- School; Columbia Law School; CUNY orees posed with versity of Maryland School of Law; Universi- School of Law; Fordham University School award presenters. ty of the District of Columbia-David A. of Law; George Washington University Law Pictured (from left Clarke School of Law; and the Widener Uni- School; Hofstra University School of Law; to right) are: Edwin versity School of Law. Howard University School of Law; Judge David Robertson, For additional information or to buy Advocate General’s School, United States NYCLA President; Francine James, First Deputy Attorney General, NYS Attorney tickets to the Dinner, contact Christina An- Army; New York Law School; New York General's Office; awardee Mary Fisher Bernet, Deputy Bureau Chief for Administration, dujar at 212-267-6646, ext. 221 or candu- University School of Law; Pace University Litigation Bureau, NYC Office of the Attorney General, State of NY; Michael Garcia, U.S. [email protected]. Attorney, Southern District of New York; awardee Audrey S. Moore, Deputy Bureau School of Law; Quinnipiac University School Chief of Family Violence and Child Abuse Bureau, NY County District Attorney’s Office; of Law; Roger Williams University, Ralph R. Ms. Slotnick is the Communications As- Kristine Hamann, Executive Assistant District Attorney, New York County DA's Office; Papitto School of Law; Rutgers School of sistant at the New York County Michael Cardozo, Corporation Counsel of the City of New York; awardee Andrew Eibel, Law-Camden; Rutgers School of Law- Lawyers’ Association. Supervising Attorney, Kings County Office, Criminal Defense Division, The Legal Aid Society; Seymour James, Attorney-in-Charge, Criminal Defense Division, The Legal Aid Society; awardee Georgia Pestana, Chief of Labor and Employment Division, NYC Law Department; awardee Raun J. Rasmussen, Chief of Litigation and Advocacy, Legal Services for New York City; Catherine A. Christian, NYCLA President Elect; Andrew Remarks of Hon. Jonathan Scherer, Executive Director, Legal Services for New York; and awardee F. James Loprest Jr., Special Assistant U.S. Attorney, Southern District of New York. Criminal Justice Public Service Fellowship Awardees Lippman - Sept. 28, 2006

Recipient of New York County – my dear friend, Betty Weinberg Ellerin, to Lawyers’ Association’s whom I am so grateful for her help and guid- AWARD FOR CONSPICUOUS ance throughout a lifetime in the Courts. PUBLIC SERVICE The real dilemma for me when I graduated from NYU Law School was how to translate What could be more gratifying than to be my law degree into a meaningful career in the honored by this bar association for having profession – a question, I am sure, that count- devoted 35 years of my life to a cause and less law students continue to ask themselves career that have given me so much personal today. I can’t really say that I consciously set Sean Sullivan (at left), Assistant District out to spend a lifetime in public service. I The Criminal Justice Section’s co- Attorney, Special Investigations Bureau, and professional satisfaction? This night is especially significant to me because I get to gravitated to the courts almost by osmosis, chairs, Vincent Rivellese and Mike J. Office of the Special Narcotics Prosecutor, without great thought, being a Lower East Yavinsky, presented the Section’s receives congratulations from the be the keynote speaker on a night in which you honor public service, a subject I feel so Side boy where the local heroes and celebri- Public Service Fellowships to Peter Criminal Justice Section’s co-chairs, ties were the judges in the nearby downtown Theis (center), Staff Attorney, Center Vincent Rivellese (middle) and Michael J. strongly about, and I also get to follow in the for Appellate Litigation. Yavinsky (far right). footsteps of last year’s recipient of this award See REMARKS Page 15 A Message from the Director of the CLE Institute, Bari Chase November CLE Programs The CLE Institute is offering a wide range of programs for attorneys covering a variety of NOVEMBER AND DECEMBER CLE PROGRAMS skill levels and practice areas. On November 10 and 11, the Institute brings together a NOVEMBER DECEMBER Wednesday, December 13 diverse and experienced faculty for its popular 6:00 – 9:00 PM Bridge the Gap 1 program. Not only will Friday & Saturday, November 10 & 11 Friday & Saturday, December 1 & 2 E-DISCOVERY: WHAT newly admitted attorneys receive all 16 of their 9:00 AM – 5:00 PM 9:00 AM – 5:00 PM PRACTITIONERS NEED TO KNOW required first-year MCLE credits by attending BRIDGE THE GAP 1 BRIDGE THE GAP 2 WITH THE ADVENT OF THE NEW this two-day program, but they will also 16 MCLE Credits: 3 Ethics, 6 Skills, 2 Law 16 MCLE Credits: 3 Ethics, 6 Skills, 2 Law FEDERAL RULES acquire the skills and knowledge necessary to Practice Management; 5 Professional Practice Management; 5 Professional 3 MCLE Credits: 1 Ethics/Professionalism; make a smooth transition from law school to Practice; Transitional Practice; Transitional 1Skills; 1 Professional Practice; Transitional the practice of law. On November 15 from Registration Fee: Member: $255 Registration Fee: Member: $255 Registration Fee: Member: $125 6:00-9:00 PM, the Institute is presenting Non-Member: $355 Non-Member: $355 Non-Member: $165 Representing the Fashion Client, a program focusing on intellectual property, business law, Wednesday, November 15 Monday, December 4 Thursday, December 14 licensing and import/export issues. A panel of 6:00 – 9:00 PM 6:00 – 9:00 PM 6:00 – 9:00 PM experts will discuss how attorneys can best REPRESENTING THE FASHION VIDEO REPLAY: NUTS AND VIDEO REPLAY: NUTS AND represent their fashion industry clients, CLIENT BOLTS OF RESIDENTIAL REAL BOLTS OF RESIDENTIAL REAL whether they are designers, manufacturers or 3 MCLE Credits: Allocation TBD; ESTATE CLOSINGS – 2006 UPDATE ESTATE CLOSINGS – 2006 UPDATE retailers. For attorneys interested in Transitional 3 MCLE Credits: 1 Skills; 2 Professional 3 MCLE Credits: 1 Skills; 2 Professional Registration Fee: Member: $125 Bankruptcy Law, we will present the Practice; Non-Transitional Practice; Non-Transitional Non-Member: $165 Registration Fee: Member: $95 Bankruptcy Abuse Prevention and Registration Fee: Member: $95 Non-Member: $120 Non-Member: $120 Consumer Protection Act (BAPCA) One Thursday, November 16 Year Later on November 16 from 6:00-9:00 6:00 – 9:00 PM Wednesday, December 6 Tuesday & Wednesday, PM. Leading speakers from the private and BANKRUPTCY REFORM ACT: 9:00 AM – 12:00 PM December 19 & 20 public sectors will assess their experience with ONE YEAR LATER ACCOUNTING FOR LAWYERS 8:30 – 9:45 AM the new law. Experienced attorneys seeking to 3 MCLE Credits: Allocation TBD; 3 MCLE Credits: 3 Skills; Transitional BREAKFAST WITH NYCLA – earn MCLE credits in Ethics can join us for Transitional Registration Fee: Member: $125 VIDEO REPLAY: PREPARING OR Breakfast with NYCLA on either November Non-Member: $165 Registration Fee: Member: $125 COACHING THE WITNESS: WHERE 8 and 9 or November 28 and 29 from 8:30- Non-Member: $165 IS THE ETHICAL LINE? 9:45 AM. This is a great way to earn required Thursday, December 7 2.5 MCLE Credits: 3 Ethics; CLE credits before heading to the office. Tuesday & Wednesday, 9:00 AM – 4:00 PM Non-Transitional November 28 & 29 CERTIFIED GUARDIAN, COURT Registration Fee: Member: $95 Coming in December 8:30 – 10:00 AM EVALUATOR AND COUNSEL FOR Non-Member: $120 Bridge the Gap 2, December 1 and 2 from BREAKFAST WITH NYCLA ALLEGED INCAPACITATED 9:00 AM-5:00 PM. 3 MCLE Credits: 3 Ethics; Non-Transitional PERSON TRAINING Please Note: Transitional courses are open Registration Fee: Member: $95 6 MCLE Credits: 1 Ethics; 1.5 Skills; 3.5 to both newly admitted and experienced Non-Member: $120 Check our website at www.nycla.org for Professional Practice; Transitional attorneys. additional December courses and registration Registration Fee: Member: $125 information. Non-Member: $165 There’s no such thing as an iron clad case…but with GMSL’s team of credentialed professionals, you’ll have all the facts on your side. 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20 Crossways Park North • Woodbury, NY 11797 • Tel.516.364.3390 220 Fifth Avenue • New York, NY 10001 • Tel.212.684.3399 • www.gmslny.com November 2006 / New York County Lawyer 13 Aspects of Assessment and Treatment, New York University Review of Law & Second Edition (Thomson West). 2006 Social Change, vol. 30, no. 4 (2006). New cumulative supplement. York Judicial Institute 2005: Partners in New York Court of Appeals on Justice: A Colloquium on Developing Criminal Law (2nd ed.) (Thomson West) Collaborations Among Courts, Law School LIBRARY NOTES 2006 cumulative supplement. Clinical Programs and the Practicing Bar. New York Law and Practice of Real Probate & Property, vol. 20, no. 5 Property, (2nd ed.) (Thomson West) 2006 (Sept./Oct. 2006). Katrina-related articles. cumulative supplement. Stanford Law Review vol. 58, no.6 (Apr. New York Law of Torts (Thomson West) 2006). Symposium: Looking Backward; 2006 supplement. Looking Forward: The Legacy of Chief New York Products Liability (2nd ed.) Justice Rehnquist and Justice O’Connor. by William Manz (3rd ed.) (Thomson West). 2006 update. (Thomson West): 2006 cumulative supplement. Tort Trial & Insurance Practice Law Employment Litigation in New York New York Vehicle and Traffic Law (2nd Journal, vol. 41, no. 3 (Spring 2006). To make suggestions about book purchases, (Thomson West). 2006 supplement. ed.) (Thomson West) 2006 supplement pam- Symposium Issue on Hurricane Losses and please contact the Library Director, Nuchine Entertainment Law Second Edition phlet. Liability. Nobari, by email at [email protected] or (Thomson West). June 2006 update. Modern New York Discovery (2nd ed.) Trial, vol. 49, no. 9 (Sept. 2006). Articles by phone at 212-267-6646, ext. 201. Immigration Law and Crimes (Thomson (Thomson West) 2006 supplement. on representing military personnel. West). June 2006 release. Rasch’s Landlord and Tenant (Thomson University of Chicago Law Review vol. 73, New Updates Immigration Law and the Family West). 2006 cumulative supplement. no. 2 (Spring 2006). Settlement of Class American Law of Medical Malpractice (Thomson West). June 2006 release. Sex-Based Employment Discrimination Actions, the Case or Controversy Requirement (Thomson West). 2006 supplement. Jury Selection: Strategy & Science (3rd (Thomson West). 2006 revised chapters. and the Nature of the Adjudicatory Process. Bench Book for Judges (Thomson West). ed.) (Thomson West). 2006 chapters. Sexual Orientation and the Law 2006 supplement. Litigating Wrongful Discharge Claims (Thomson West) Aug. 2006 update. Mr. Manz is a part-time Reference Callaghan’s Family Court Law and (Thomson West). 2006 revised chapters. Librarian at NYCLA. He is also Assistant Practice in New York (Thomson West). McCarthy on Trademarks (Thomson Selected New Legal Periodical Issues Law Librarian and Director of Student 2006 release. West). June 2006 release. Hofstra Law Review, vol. 34, no. 3 Publications at St. John’s University Complete Manual of Criminal Forms Mental Capacity Legal and Medical (Spring 2006). Legal Ethics Symposium. School of Law. NOVEMBER CLE PROGRAMS AT THE NYCLA LIBRARY NOVEMBER Lexis Friday, November 17, 3:00 – 4:00PM (1.5 MCLE Credits: 1.5 Skills; Transitional) Advanced: International Law Research: FEE CLASSES Internet Legal Resources: An Overview Wednesday, November 8, 10:30 – 11:30AM Thursday, November 16, 2:00 - 3:00PM Registration fees: Member, $65; Non-Member, $85; Thursday, November 16, 6:00 – 7:30PM Securities: Litigation Research: Non-Legal Staff, $35 Wednesday, November 11, 12:00 – 1:00 PM Tuesday, November 14, 3:00 – 4:00 PM FREE CLASSES New York Materials: (1.5 MCLE Credits: 1.5 Skills; Transitional) Registration for the following classes is free to all. (1 MCLE Credit: 1 Skills; Transitional) Tuesday, November 21, 10:00 – 11:00AM Internet: Immigration Westlaw Thursday, November 9, 6:00 – 7:30PM (1.5 MCLE Credits: 1 Skills; .5 Law Practice Regulatory Research: Management; Transitional) Beginner: Tuesday, November 7, 10:00 – 11:00AM Friday, November 3, 10:00 – 11:00AM (2.5 MCLE Credits: 2.5 Skills; Transitional) Bloomberg Professional Bankruptcy Court: Electronic Case Tuesday, November 14, 11:00AM – 12:15PM Entertainment Law Research: Filing System Tuesday, November 28, 3:00 – 4:00PM Wednesday, November 15, 10:00AM – 12:30PM (1 MCLE Credit: 1 Skills; Transitional) Intellectual Property Research: See CLE PROGRAMS Page 16 The NYCLA Library’s Old English Reporters by William Manz who served as Master of the Crown Office ularly valuable since they are the sole Mr. Manz is a part-time Reference from 1724 until his death, these cases cover record of the decisions of Henry Rolle Librarian at NYCLA. He is also England had no official law reports his term of office. “Beside their substantial and John Glyn, the chief justices of the Assistant Law Librarian and Director between the publication of the last Year accuracy, these reports are characterized by Commonwealth under the rule of Oliver of Student Publications at St. John’s Book in 1537 and 1865. During this clearness of statement and lucid arrange- Cromwell. University School of Law. period, over 100 different cases were pub- ment of the materials of the case. Burrow lished and law reporting was in the hands was the first reporter to appreciate the of private enterprise. Many of the pub- advantage of prefixing to the report of each NEW YORK COUNTY LAWYERS’ ASSOCIATION lished reporters were initially prepared by case a statement of facts and issues separate lawyers for their private use and were then from the opinions of the judges, and the GROUP MENTORING PROGRAM published posthumously. While some judgment of the court.” reports are well regarded, many others have been found to contain material of uncertain Les Reports des Divers Matters and November 8 - Preparing a Trial Notebook origin or are replete with errors and thus Resolutions des Reverend Judges & Mentor: Jeffrey M. Kimmel held to be virtually worthless. Sages des Ley (London 1688). Contains If a library has the old English cases, cases from the reigns of Henry VII, Edward November 15 - Trial Techniques for Beginners typically it will be as reprinted in the 175- VI, Mary and Elizabeth I (1513–82) col- Mentor: Jeffrey M. Kimmel volume English Reports. However, in lected by Sir James Dyer. “Sir James Dyer addition to this set, the NYCLA Law presided in the Court of Common Pleas for The program is free and open to all NYCLA members. Pre-registration is re- Library has an extensive collection of the more than twenty years, and his accurate, quired and will be accepted on a first-come, first-served basis. To register, original reporters, some dating back to the concise, and business-like notes have email: [email protected] or fax this page to: 212-406-9252. Entrance and facilities 17th century. Selected volumes from this always been regarded as among the best of for people with disabilities are available. A ramp is provided for wheelchair ac- collection are now on display and some their class” (1692–1700). cess; please call 212-267-6646 at least one day in advance to make arrangements. are described below. Programs are subject to change. The Reports of Sir William Jones. Benloe & Dalison’s Common Pleas Contain cases decided in the King’s Bench NYCLA GROUP MENTORING PROGRAM Reports (London 1689). Combines in sep- and Common Pleas during the reigns of Home of Law, 14 Vesey Street, New York, NY arate sections, the reports of William James I and Charles I (1620–41). “These are (between Broadway and Church Street) Benloe, a sergeant of law, and William accurate reports from a genuine manuscript 6:00-8:00PM Dalison, Chief Justice of the King’s Bench of cases decided during this distinguished at the end of the reign of Queen Mary. judge’s tenure of office. They are among the NAME: Included are cases from 1486–1580. The most interesting of the old reports.” combined volume was prepared by John Narrations Modernæ, or Modern ADDRESS: Rowe, a sergeant of the Middle Temple. Reports Begun in the Now Upper Bench Court at Westminster, in the PHONE: FAX: Decisions of the Court of King’s Bench Beginning of Hilary Term 21 Caroli, Upon Settlement Cases: From the Death and Continued to the Michaelmas EMAIL: of Lord Raymond, in March 1732, to Term 1655 (London 1658). Prepared by Please list all the programs you are interested in attending, in order of preference (by date): June 1776, Inclusive (London 1786). William Style, the reports include cases Prepared by Sir James Burrow (1701–82), from 1646–55 and are regarded as partic- 14 November 2006 / New York County Lawyer

A phenomenal resource – over 200 pages of essential information! To view the complete Table of Contents, go to www.nycla.org and scroll down to News. Sustaining Members 2006 ATTORNEYS’ GUIDE TO CIVIL PRACTICE From Page 4 Donald W. Paley Robert G. Silversmith George H. Parker Robert G. Simon IN THE NEW YORK COUNTY SUPREME COURT Chaim A. Levin Andrew G. Patel Lea S. Singer The Attorneys’ Guide to Civil Practice in the New York County Supreme Court is a valuable tool for all Robert J. Levinsohn Gerald Gordon Paul Bryan Charles Skarlatos lawyers practicing on the civil side in Manhattan. Produced by the Committee on the Supreme Court, it is a Hon. Herbert L. Levy Lewis Perkiss Victor E. Smukler concise resource for details about judges, court personnel and procedures in the Supreme Court. Highlights include: Commencing a Lawsuit, Assignments and Case Processing under the CCJP, Motion Practice, Back Julius Levy Marvin G. Pickholz Ira Lee Sorkin Offices and major County Clerk Operations, Commercial Division, Judges and Staff and much more! M. Barry Levy Gary B. Pillersdorf Anthony L. Soudatt Sue Schleifer Levy Eugene D. Powers Eugene P. Souther Order Form Nathan Lewis Marc D. Powers M. James Spitzer To order the Attorneys’ Guide, complete this form and fax or mail it to NYCLA. Fax with your credit card Herman Lieblich Harris L. Present Samuel P. Sporn information to: 212-406-9252, or mail with your check or credit card information to: NYCLA, Guide, 14 Bernard Liles Patrice M. Pulvers Robert S. Starr Vesey Street, New York, NY 10007. Call Harriet Astor at 212-267-6646, ext. 212 for more information. Susan B. Lindenauer Lennard K. Rambusch Ralph Steinman Number of copies@ $50/NYCLA member rate Martin Lipton Mahendra Mohanlal Stanley G. Stiansen Alfred I. Litman Ramgopal Marvin Sussman NYCLA ID Number Robert MacCrate Dr. Herbert Rand Marshall D. Sweetbaum Daniel F. Maher Stacey J. Rappaport David L. Tecklin Number of copies@ $100/non-member rate Cornelius A. Mahoney Alan Ira Raylesberg Marvin B. Tepper Name Robert M. Makla Maurice A. Reichman Lewis F. Tesser Angelique C. Mamby Norman L. Reimer George N. Tompkins Jr. Firm Rubin H. Marcus Richard H. Reimer Evan Torgan Address Albert Margolin Michael Rikon Leon Traube H. D. Margulies Frank Joseph Rio Clarence R. Treeger Phone E-mail Mathew J. Mari Geraldo M. Rivera Hon. Nicholas Tsoucalas Thomas V. Marino Dineen Ann Riviezzo Roy Udolf Credit card number exp. date Lionel Alan Marks Dean Janice Sheryl Eugene Vizzini Signature Morton Marks Robinson Judith Vladeck William T. Matthews Sherwin A. Rodin Mark Robert Von Sternberg Check enclosed made payable to NYCLA Harold A. Mayerson Leroy E. Rodman Hon. Leonard M. Wagman Sayward Mazur David Barry Rosenbaum Bernard J. Wald Lloyd McAulay Barney Rosenstein H. Elliot Wales Doris J. McCann Irvin H. Rosenthal Frederic Walker John T. McGuire David Rubin Jerome Walker Hon. Joseph Kevin McKay Jeffrey Mark Rubin Ira D. Wallach Frank C. McLaughlin Jr. Joseph Michael Ryan Susan J. Walsh James P. McMahon Bradley A. Sacks Rita Wasserstein Warner Julius Mendalis Kenneth A. Sagat David L. Wasser Martin Mensch David G. Samuels Abraham L. Wax Henry Theodore Meyer III Bernard J. Sauerhaft Charles Street Webb Frank X. Michel Philip H. Schaeffer Daniel Wechsler Hon. Millard L. Midonick Jeffrey Schanback Bruce Laurence Weiner William M. Miles Donald Schapiro Melvyn I. Weiss Michael Miller Steven Glen Schiesel Franklin R. Weissberg Seymour W. Miller Samuel Schneeweiss Aaron Weitz Martin Minkowitz Harvey I. Schneider Stephanie G. Wheeler Edward D. Moldover Harry Richard Schumacher Robert P. Whelan James M. Montgomery Clifford R. Schuman James Francis Wilcox Samuel Morganroth Donald Schupak Richard A. Williamson Hon. John Arvid Moriarity Marvin Schwartz Arthur I. Winard Edward W. Morris Murray Schwartz Thomas H. Winfield Barbara Moses M. Mac Schwebel Hon. Geoffrey D. S. Wright Kay Crawford Murray Arnold A. Secunda Paul Wyler Gary P. Naftalis Victor B. Sedhom Jack Yoskowitz Edgar J. Nathan III Charles J. Seigel Nancy Young Maurice Norman Nessen Mark Elias Seitelman Po-Wang Yuen Jonathan Harlan Newman Samuel A. Shacter Alexander Yunis Miriam G. Newman Eileen Frances Shapiro Daniel M. Zane Allan Newmark Steven Bradley Shapiro Mark C. Zauderer Charles Frederick Niemeth Ravi Ivan Sharma Vincent J. Zichello Martin D. Novar Nancy Shavel Gabel Donald Marc Zolin Bernard W. Nussbaum Howard B. Sherman Saul J. Zucker Jerald Ordover Donald R. Siegel Adrian Zuckerman Richard M. Orin Hon. Freda Silbowitz John F. Zulack Hon. David G. Oringer Robert H. Silk Michael Eric Zuller Patrick J. Pagnani Sidney Siller DUFFY & POSILLICO AGENCY INC. Court Bond Specialists BONDS • BONDS • BONDS • BONDS • Administration • Appeal • Executor • Guardianship • Injunction • Conservator • Lost Instrument • Stay • Mechanics Lien • Plaintiff & Defendant’s Bonds Serving Attorneys since 1975 Complete Bonding Facilities 1-800-841-8879 FAX: 516-741-6311 Immediate Service! 1 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts) NYC Location: 108 Greenwich Street • New York, New York 10006 November 2006 / New York County Lawyer 15 Remarks of Hon. Jonathan Lippman Winning Essays from Criminal From Page 11 living – mortgages, college tuition, energy prices – New York State Judges have received Courts – Sam Spiegel, Jack Markowitz, Xavier just two raises in the last 18 years, with the last Justice Section’s Competition Riccobono. raise coming seven and a half years ago in I started out working as an entry-level court 1999. Of the 50 states, New York has now Here are the two winning essays of the 2006 Although collateral consequences lead to unduly attorney writing memos and drafting decisions gone the longest by far without a judicial pay Criminal Justice Section’s Public Service Fellowship harsh penalties for some offenders, such conse- for the Justices of the Supreme Court in New raise. Awards. The topic was: Understanding the Collateral quences are not inherently unfair or inappropriate. York County. Eventually, after being appointed Fortunately, we are doing better in terms of Consequences of Criminal Convictions. For more Often, they further the objectives of prosecution and a Judge of the Court of Claims by Governor encouraging lawyers to enter and remain in information about the issue of collateral conse- serve the interests of justice. A drug-dealing defen- George Pataki, I was named to succeed E. Leo public service and public interest legal careers. quences, log on to www2.law.columbia.edu/fourcs/, dant’s eviction from public housing provides great Milonas as the Chief Administrative Judge of There are a growing number of programs to a website offering high-quality content managed by relief to law-abiding neighbors who had felt power- the New York State Courts 11 years ago by help fund public sector salaries and public experts in the major areas of New York law where less to stop him. The license revocation and higher Judith S. Kaye, a Chief Judge like no other interest projects, and many law schools, law collateral consequences occur. insurance rates that go with a DWI conviction help to ever in this State or in this country. I have had firms, public employers, bar associations and deter the offender from committing that dangerous the privilege and honor to be her partner - very not-for-profits have stepped up to the plate and Essay 1 crime again. Collateral consequences undermine the much her junior partner! - in the monumental underwritten loan forgiveness programs and, in administration of justice only when they are dispro- reforms that she has undertaken in the New the case of NYCLA, financially supported by Sean Sullivan portionate to the seriousness of the offense com- York State Court System. And what a won- tonight’s outstanding public service fellow- mitted by the defendant. derful trip it has been for me, now serving ships. We need more of that. Anyone familiar with Manhattan Criminal Court While collateral consequences can arise from more than twice or, by now, almost three times NYCLA also deserves our gratitude for knows that attorneys from white-shoe law firms felony prosecutions, convictions for less serious the tenure of any of my predecessors as Chief giving special recognition to the men and seldom set their expensive leather soles inside of the offenses more often lead to disproportionate conse- Administrative Judge - overseeing a vast, women who are using their law degrees on grimy grey building at 100 Centre Street. Thus, quences. Those convicted of non-felony charges often diverse and fascinating court system of 1,300 behalf of the public. We must demonstrate our imagine my surprise when lawyers from two major face indirect penalties far more severe than the fine, State Judges, 20,000 employees and a $2.3 bil- commitment to those who serve the public as firms contacted me about a low-level case assigned to community service or jail term imposed by the court. lion budget in 350 locations around this great their means of livelihood and of supporting me as a rookie prosecutor. The defendant, facing non- Indeed, several cases I tried as a junior prosecutor state - and to be a Supreme Court Justice to their families. It’s critical that we do so criminal harassment charges, did not appear to need involved collateral consequences that made it unac- boot, coming full circle to sit on the bench of because too many people enter and even grad- high-powered representation. If convicted, she faced a ceptable for the defendant to plead guilty, even to a this great Court where I started as a novice uate from law school with the hope of probable sentence of community service or a small non-criminal offense. A defendant charged with court attorney 35 years ago and which I still becoming public interest lawyers only to end fine. What piqued the attorneys’ interest was a collat- assault refused to plead guilty to disorderly conduct hold in such awe. up changing their minds and pursuing other eral issue: how the prosecution would impact efforts because she feared losing her nurse’s license. Another At moments like this, though, when I con- paths, often out of financial necessity, particu- to evict her from her luxury East Side apartment. defendant, a shoplifter, went to trial in the face of sider that lawyers as a profession perennially larly as the pressures of educational debt con- As the above-described case illustrates, collateral overwhelming evidence on the slim chance he could rank near the top of every list for the highest tinue to mount. consequences of a conviction often impact a defen- avoid the lifelong implications of a criminal record. rates of divorce, depression, stress and anx- How many of us, in our early 20s or even dant’s life more than the direct penalties imposed by Prosecutors striving to do justice must under- the court. Collateral consequences affect defendants stand and appreciate the collateral consequences of iety, and of alcohol and drug abuse, I can’t in our 30s, have already figured out what from all walks of life. In one recent case, a high-pro- criminal litigation. Assistant district attorneys need help but think that far too many lawyers have makes us tick? We have to give law students file actor from Australia risked losing his privilege to to educate themselves about the vast array of collat- simply missed the boat and lost out on great and young lawyers at least a fair opportunity work in the United States after being charged with eral consequences and how such consequences and satisfying careers in public service. A big to figure out where their hearts lie and we assault at a Manhattan hotel. Collateral consequences, impact the lives of the people accused. For a young part of the problem, of course, is the percep- have to make it easier - or at least not unat- however, exact their greatest toll on those from disad- prosecutor, it can be extremely difficult to under- tion that public sector work is not desirable tractive - for those people to take a chance on vantaged backgrounds. Even a conviction for a petty stand the devastating impact of a conviction on less or rewarding. And that’s a difficult percep- public service and public interest. If we give offense can hinder a person’s ability to obtain employ- fortunate members of society. Prosecutors also face tion to overcome in a society that worships them that fair opportunity, chances are that ment, housing, child custody, credit, public assistance a challenging task in distinguishing the cases where status and the economic bottom line. And they will find a job they love with, hopefully, and financial aid. See ESSAY COMPETITION Page 17 let’s face it, as far as the financial rewards of decent pay, flexible hours and recognition for public service are concerned, it is a reality work well done. and not a perception. Part of what makes people happy and life I could talk all night, with all the passion in worth living is the nature of one’s work and the the world, about the intrinsic value of serving quality of one’s life outside the workplace. the public – about the priceless fulfillment and Public sector legal careers provide a good bal- personal rewards one gets from helping our ance in that regard - maybe even a competitive fellow citizens, about the excitement of advantage – by providing a little extra time to changing the law and society for the better, do the things that make life worth living. And about the varied and extensive practical experi- for those like me who can’t help themselves, ence to be gained, about having a satisfying, they can, just like their friends in the private useful, moral and meaningful life – but it still sector, still be workaholics if they must – comes down to the bottom line: our society and public sector workaholics – on behalf of the profession just do not value public servants and best client a lawyer could ever have – the public service as they should. Not when public and the public interest. median starting salaries in 2004 for law gradu- I thank you for this terrific honor. I so ates in public interest and government posi- greatly value the New York County Lawyers’ tions in New York was $38,000 and $45,000 Association, the New York State Courts family respectively, whereas the starting salary at and my own most treasured family: my wife, some Manhattan firms has increased to Amy, who is here today, our son, Russell, and $145,000, excluding bonuses. our daughter, Lindsay - believe it or not, all Not when you look at how we value the lawyers. A family of lawyers! Thanks again to men and women who traditionally have been the wonderful family of lawyers here at regarded as among our most distinguished and NYCLA for this wonderful award and for the respected public servants – our judges. privilege of being your keynote speaker at Despite inexorable increases in the cost of tonight’s celebration of public service. Lawyers Professional Liability Insurance Consolidate Your Insurance Needs

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DECEMBER CLE PROGRAMS AT The New York Center for Neuropsychology THE NYCLA LIBRARY From Page 15 (1.5 MCLE Credits: 1 Skills; .5 Law & Forensic Behavioral Science Practice Management; Transitional) FEE CLASSES Bloomberg Professional Registration fees: Member, $65; Non- Tuesday, December 12, 11:00AM – Dr. N.G. Berrill, Director Member, $85; Non-Legal Staff, $35 12:15PM (1.5 MCLE Credits: 1.5 Skills; (1 MCLE Credit: 1 Skills; Transitional) Transitional) Lexis Internet Immigration Torts: Wednesday, December 8, 10:30 – Thursday, December 7, 6:00 – 7:30PM 11:30AM O Over 20 Years O Advanced: Wednesday, December 11, (1.5 MCLE Credits: 1.5 Skills; 12:00 – 1:00 PM Transitional) Bankruptcy: Basic Research (1 MCLE Credit: 1 Skills; Transitional) Providing Consultation to Attorneys Friday, December 8, 10:00 – 11:30AM Westlaw Advanced: Tuesday, December 5, 10:00 & the Courts on Psycho-legal Matters (2.5 MCLE Credits: 2.5 Skills; – 11:00AM Transitional) Bankruptcy: Friday, December 15, 10:00 Bankruptcy Court: Electronic Case – 11:00AM Filing System Beginner: Tuesday, December 19, 10:30 • Criminal Cases: Competency Issues, Criminal Wednesday, December 20, 10:00AM – – 11:30AM 12:30PM Estate Planning: Friday, December 8, Responsibility, Extreme Emotional Disturbance, Risk 3:00 - 4:00PM FREE CLASSES Family Law: Friday, December 1, 3:00 – Assessment, Sex Offender Workups & Dispositional Registration for the following classes 4:00 PM is free to all. Intermediate: Tuesday, December 12, Planning 3:00 – 4:00PM International Law Research: Thursday, December 14, 2:00 – 3:00PM

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The Editorial Board of New York infringing content unless appropriate County Lawyer welcomes the sub- attribution and consents have been • Civil Cases: Competency Issues, Head Trauma, mission of articles by members of the secured by the author or contributor legal community for inclusion in this prior to submission to the Editorial Sexual Harassment, Discrimination, Immigration, publication. Submissions will be Board. Unless otherwise indicated, all edited and may not be returned to the views or opinions presented are solely writer for approval. The Editorial those of the designated author(s) and & Post - Traumatic Stress Disorders Board reserves the right to make the do not necessarily represent those of final decision regarding the suitability, the New York County Lawyers’ content and form of all submissions Association. Material(s) accepted for and further reserves the right to incor- publication shall appear in print and porate modifications and edits to electronic formats and shall become same, without prior notice to the the property of the Association once Comprehensive Diagnostic & author or contributor. Materials posted or published and may not be accepted for publication are assumed reprinted or otherwise utilized by any Treatment Services to be original work product and shall person or party absent the Editorial not contain, in whole or in part, any Board’s expressed written consent.

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45 North Station Plaza, Suite 404, Great Neck, NY 11021 516-504-0018 For more information about Gotham City Networking, Inc. visit: www.gothamcitynetworking.com. www.nyforensic.com If you are interested in joining call: 212-317-1607 or email: [email protected]. November 2006 / New York County Lawyer 17 Contribute to NYCLA’s Criminal Justice Essay Competition Section’s Public Service Fellowship Program From Page 15 Dakota. A history major with a GPA exceeding 3.0, The increasing cost of legal education and law and who have substantial educational debt. collateral consequences would cause undeserved Selken had planned to teach after graduation. Last the concomitant reduction in public sector The winners, selected on the basis of an essay hardship from the numerous other cases where such October, however, he pleaded guilty to misdemeanor funding create significant obstacles for new contest, represent both the prosecution and the consequences are justified. Defendants often claim possession of less than two ounces of marijuana. As lawyers who wish to practice in the public defense side of the criminal bar. that a conviction will inhibit their ability to find he discovered later, the consequences of the convic- sector of the criminal justice field. As a result, Please join us in demonstrating the legal com- work or that serving jail time will prevent them tion stretched beyond the three days in jail and $250 skilled but less affluent attorneys who would munity’s appreciation of these lawyers who ded- from caring for their children. Many offenders fine. When he reapplied for federal student loan would enjoy unwarranted leniency if prosecutors assistance to finance his final year of study, the otherwise be drawn to practice in the public icate themselves to a critically important societal altered their position every time a defendant made Department of Education denied it to him pursuant sector are often dissuaded from pursuing that service by making a donation, payable to the such a claim. Still, prosecutors must be flexible to a little-publicized 1998 Amendment to the Higher career path and those who do must shoulder an NYCLA Foundation, and sending it to: NYCLA enough to adjust their stance on a case based on Education Act, which renders anyone with a drug- enormous financial burden. NYCLA recog- Foundation, Public Service Fellowships, 14 compelling circumstances unique to a particular related conviction ineligible for aid. nizes the commitment of these dedicated Vesey Street, New York, NY 10007. The defendant. Mr. Selken’s is not an isolated case. According to lawyers and honors those who choose to prac- NYCLA Foundation is a 501 (c) (3) organiza- Failure to consider collateral consequences Department of Education data, 189,000 students have tice criminal law in the public sector. The tion; all gifts are tax deductible as permitted by undermines public confidence in the criminal justice been denied aid since 2000 due to the law, including Public Service Fellowships are one way law. system. Each year, the dispositions of cases in New almost 9,000 applicants in New York State. York County shape the opinions of thousands of Although Mr. Selken and thousands like him have NYCLA assists these dedicated attorneys. Multi-year pledges are encouraged and defendants, victims, witnesses, jurors, attorneys and been denied crucial assistance to obtain a college edu- The Fellowships are funded entirely through naming opportunities for the fellowships are others. It is difficult for society to accept, for cation, the collateral consequences of a conviction can private contributions. Each year, NYCLA’s available. If you are interested, please call example, that justice requires the deportation of an be far worse. Take the case of Jose Lazo, a permanent Criminal Justice Section presents fellowships to Marilyn J. Flood, Executive Director of the otherwise law-abiding immigrant because he was legal resident who came with his family from El two public sector attorneys who practice criminal Foundation, at 212-267-6646, ext. 222. convicted of a minor offense such as fare beating. Salvador when he was eight. According to the While it is reasonable to require a teenager convicted Houston Chronicle, Mr. Lazo worked for Enron and of possessing marijuana to pay a small fine, it is accused gains a reduced sentence in exchange for the ways that various laws may, in the future, disad- after its collapse, became a nationally known permitting the prosecution to save the resources vantage him or her as a result of a conviction. Whether unreasonable to deprive that person of the opportu- spokesman for displaced Enron workers, frequently nity to receive financial aid for college. A forgery expended in proving guilt through trial. A plea bar- this is accomplished by legislation requiring disclosure quoted in the Chronicle and the Wall Street Journal. gain is exactly that, an agreement in which both of adverse consequences by the court or prosecutor or conviction is appropriate for someone who made a However, he suddenly faced deportation as a result of false identification for sinister purposes, but not for sides gain a benefit. But, in any negotiation, it is a by a legal or ethical rule that a defense attorney should a 1999 guilty plea, thanks to a federal law that man- bedrock principle of fairness that both sides be be aware of so that he or she can discuss the relevant an otherwise promising student who altered a dates deportation of persons convicted of certain driver’s license to get into a nightclub. Even those made aware of what they will receive as part of the consequences with the client is a matter of further crimes. When he was 17, Lazo had consensual sex agreement. When the State agrees to allow a certain debate. Despite the scattershot dispersal of collateral charged with more serious offenses deserve leniency with his girlfriend, who, though she told him she was when a conviction for the top charge will lead to punishment in exchange for a person’s surrender of consequences throughout state and federal laws and 16, was 13. When the authorities discovered the age his right to trial, it acts unfairly by later springing regulations, both remedies are feasible due to online unduly harsh results. Hence, prosecutors must care- discrepancy by chance, Lazo pleaded guilty to statu- fully consider the full impact of a conviction before additional, unbargained-for penalties directly clearinghouses that have compiled the relevant infor- tory sexual assault of a minor in exchange for a pro- resulting from the consensual plea. The poison pill mation for legal practitioners. making a final decision on a case. bationary sentence. The couple was married months A cold rap sheet tells only so much about a of a collateral consequence is even more bitter As unforeseen collateral consequences cripple the after the conviction. when unanticipated. lives and aspirations of untold thousands each year – person accused of a crime, as I learned through an A team of pro bono attorneys, including the embarrassing experience working arraignments. But even beyond fairness, keeping people accused almost 200,000 have been affected by the Higher chairman of the local county Republican party, of a crime in the dark about collateral consequences is Education Act amendment alone – it is imperative During a particularly busy shift, I scrambled to worked to help Mr. Lazo, but in all likelihood he review a case file without looking in the defendant’s simply inhumane. Lack of information, by definition, that action be taken now to give those facing charges will be deported back to an unfamiliar country leads to uninformed decisions. And as the experiences full information about what the consequences of their direction. I then conveyed to the judge the standard where he has no family or prospects. offer for the charge listed on the complaint. Much of Mr. Lazo and Mr. Selken show, uninformed deci- convictions will be. The life-transforming misfortunes suffered by sions to resolve prosecutions for short-term leniency to my surprise, everyone in the court room reacted Selken and Lazo are just a small sampling of the can lead to tragic and life-altering outcomes. Mr. Theis is a staff attorney at the Center for with astonishment. When I finally looked over at hidden hazards than can beset those convicted of Thus, any person accused of a crime needs to know Appellate Litigation. the defendant, I saw a clean-cut, baby-faced person even minor crimes. Welfare and public housing ben- who appeared to be wholly undeserving of the sen- efits can be withheld, parental rights terminated, pro- tence I had recommended. fessional licenses revoked or denied and even the As my experience in arraignments shows, an fundamental right to vote can be abrogated. The col- assistant district attorney cannot adequately assess a lateral consequences of a single conviction, for case in just a few moments. A prosecutor must take which a person might not see a moment of jail time, time to consider the background and the circum- are manifold and severe. stances of the person accused, assess all of the impli- Despite their severity and reach, there is no legal cations of conviction and then decide what charges, or constitutional obligation that a person facing if any, that particular individual should be convicted prosecution be informed of such consequences. of. Only after careful consideration of both the The accused may be beelining towards a cliff – a direct and indirect consequences of conviction disaster that can wreck his or her life – but neither should the prosecutor feel satisfied that he is hon- prosecutor nor court is required to remove the oring his commitment to doing justice. blindfold. The blindfold is real, for the likelihood that a layperson will have any independent knowl- Mr. Sullivan is an Assistant District Attorney in edge of the collateral consequences is almost zero. the Special Investigations Bureau of the Office Indeed, even a seasoned attorney can be ignorant of of the Narcotics Prosecutor. the total sum of consequences; the rules creating them are disjointedly embedded in various unre- Essay 2 lated laws and obscure administrative regulations, spanning the spectrum of legal practice areas. by Peter Theis Although there may be no legal obligation to inform a person of what lies in store after a convic- In May, The Nation magazine and the Los tion other than the sentence imposed, is this a fair Angeles Times reported the rueful plight of Kraig policy? It is no secret that most criminal prosecu- Selken, a student at a public university in South tions are resolved by plea bargain, whereby the

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