January/February 2008 Visit us at www.nycla.org Volume 4 / Number 1

NYCLA’s 93rd Annual Dinner celebrates 160th INSIDE Anniversary of the New York Court of Appeals SPOTLIGHT ON PROFESSIONAL DEVELOPMENT AND NETWORKING

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MESSAGE FROM THE PRESIDENT

Catherine A. Christian

RESPECT

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Seated (from left to right): Catherine A. Christian, NYCLA President; Hon. Judith S. Kaye, Chief Judge of the State of New York; Hon. Carmen Beauchamp Ciparick, New York Court of Appeals; Hon. Robert S. Smith, New York Court of Appeals; Hon. Susan P. Read, New York MEMBER PROFILES Court of Appeals; Hon. Theodore T. Jones, New York Court of Appeals; Hon. Harold Baer Jr., U.S. District Court, Southern District of New York. Standing (from left to right): Hon. Richard C. Wesley, U.S. Court of Appeals for the Second Circuit and former Associate Judge of the New York Court of Appeals; Sylvia Fung Chin, member of the Annual Dinner Committee; Hon. Charles L. Brieant, U.S. District Court, Southern District of New York; Hon. Victoria A. Graffeo, New York Court of Appeals; Hon. Albert Rosenblatt, former Associate Judge of the New York Court of Appeals; Hon. George Bundy Smith, former Associate Judge of the New York Court of Appeals; Hon. Eugene F. Pigott Jr., New York Court of Appeals; Robert L. Haig, Annual Dinner Chair; Hon. Joseph W. Bellacosa, former Associate Judge of the New York Court of Appeals; Hon. Sol Wachtler, former Chief Judge of the New York Court of Appeals; Hon. Shira A. Scheindlin, U.S. District Court, Southern District of New York; and Hon. Margaret J. Finnerty and William Francis Kuntz II, members of the Annual Dinner Committee

YCLA’s preeminent Centennial Appeals, and Hon. Richard C. Wesley, appreciated, an independent judiciary is year event in 2007 was its 93rd United States Court of Appeals for the our national treasure – the true jewel in our Michael T. Dougherty N Annual Dinner on December 11 cel- Second Circuit and former Associate Judge crown of a democratic society. I accept Eileen D. Millett ebrating the 160th Anniversary of the New of the New York Court of Appeals, accepted your award tonight on behalf of all of my York Court of Appeals. More than 1,400 the honor in song; that is, they sang a parody, colleagues on the state and federal bench, lawyers and judges attended the gala, which written by Judge Rosenblatt, to the tune of who are unparalleled in their commitment took place at the Waldorf Astoria. Hon. “My Favorite Things,” a song from the to public service.” Judge Scheindlin serves Judith S. Kaye, Chief Judge of the State of musical “The Sound of Music.” on NYCLA’s Task Force on Judicial New York, accepted the award, a sculpture of Ms. Christian presented Judge Baer with Independence and its Judicial Section, lec- Lady Justice, on behalf of the Court. Two the Boris Kostelanetz President’s Medal, tures frequently and is an adjunct professor 8 other awards were presented; Hon. Shira A. recognizing his record of dedication and ser- of law at Brooklyn Law School. Scheindlin, United States District Court, vice to the Association and legal profession. Robert L. Haig, former NYCLA presi- Southern District of New York, received the In his acceptance speech, Judge Baer said, “I dent (1992-1994), served as the Annual William Nelson Cromwell Award and Hon. am honored to receive this recognition and I Dinner Chair. The members of the Annual Harold Baer Jr., United States District Court, am particularly pleased that it identifies me Dinner Committee were Sylvia Fung Chin, CENTENNIAL PAGE Southern District of New York, received the now and forever with Boris Kostelanetz, a Hon. Margaret J. Finnerty and William Black History Month Boris Kostelanetz President’s Medal. great friend and mentor to me and to the Francis Kuntz II. In her introductory remarks, Catherine New York County Lawyers’ Association.” A The Annual Dinner is among the myriad at NYCLA: A. Christian, NYCLA President, said, former NYCLA president (1979-1981), NYCLA events taking place during the Celebrating Diversity “Tonight, we honor a court that has been led Judge Baer, with his wife, Dr. Suzanne Baer, Association’s Centennial year celebration, in Our Past and for the past 14 years by a woman of great founded NYCLA’s Summer Minority which commenced in April 2007 and ends intellect, great strength, elegance and grace – Judicial Internship Program in 1989, which in December 2008. Present Chief Judge Judith Kaye.” Judge Kaye provides law students of color with paid acknowledged, “On behalf of my colleagues, internships with state and federal judges. The full transcript of the speeches of Patricia L. Gatling to past and present, I express profound grati- In recognition of her dedication to Catherine A. Christian and Judges Kaye, receive Ida B. Wells- tude to County Lawyers—we feel so privi- public service, Judge Scheindlin was pre- Baer and Scheindlin are on page 17 and are Barnett Justice Award leged to be part of our State’s highest Court sented with the William Nelson Cromwell available on NYCLA’s website. Log on to and to be honored by a Bar Association we Award by Hon. Charles L. Brieant, U.S. www.nycla.org and click on News & hold in such high regard. And congratula- District Court, Southern District of New Publications and then on Speeches. tions on your own Centennial.” Judge Kaye, York, for whom she had once clerked. In 11 along with Hon. Albert Rosenblatt, former accepting the award, Judge Scheindlin See page 10 for more photos of the Annual Associate Judge of the New York Court of declared, “While not always recognized or Dinner. Life requires some juggling… don’t drop the ball.

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© 2008 Affinity Insurance Services, Inc. AG-5738 E-5512-108 January/February 2008 / New York County Lawyer 3 EDUCATION COMMITTEE LETTER Dear Colleague, the forefront of the major legal and public On October 9, the Board of the New York policy debates in this state.” County Lawyers’ Association established an There is much to do and explore and you as Education Law Committee and we have been a member may play a key role in determining CENTENNIAL appointed its initial co-chairs. We hope you will our agenda and the Association’s public join us as charter members of this important stance on issues of educational moment. Our CALENDAR OF EVENTS new Committee and attend our first meeting at committee is co-chaired by Steve Landis, who Events are subject to change; please check the Association’s website, NYCLA, 14 Vesey St., on Wednesday, February heads his own practice in labor, employment www.nycla.org, for schedule changes and additions. 6 at 6:30 pm. Hon. Catherine Nolan, Chair of and education law (www.stevenlandis.com), and FEBRUARY Inc., election-related testimony includes Bush the New York State Assembly Education David Bloomfield, program head of v. Gore and other recounts, Contributing Committee, will be our guest speaker. Educational Leadership and associate pro- CENTENNIAL CELEBRATION EVENT Editor, Communications, of the Association We expect that the Committee will explore fessor of Education Law at Brooklyn College – PUBLIC FORUM: THE 9TH ANNUAL for Computing Machinery; Mark Crispin legal and policy issues concerning public and (www.brooklyn.edu/pub/Faculty_Details5.jsp?f FINRA LISTENS... AND SPEAKS Miller, Professor of Media, Culture and private schools (pre-school to university level) aculty=238). Monday, February 4 Communication at NYU and author of The 5:00 PM and related matters, including those dealing Please join us at our inaugural meeting at Bush Dyslexicon and Fooled Again: The Real with teachers, administrators and students. In NYCLA on February 6 at 6:30 pm. We wel- Place: NYCLA Home of Law – 14 Vesey Case for Electoral Reform; and Professor Street Penny M. Venetis, Clinical Professor of Law New York, State Education Law governs the come additional members, so your distribution FREE Speaker: Elizabeth R. Clancy, Esq., and Co-Director of the Constitutional creation and operation of schools as regulated of this invitation to colleagues is encouraged. FINRA (Financial Industry Regulatory Litigation Clinic at Rutgers School of Law- by the New York State Education Department Attorneys and non-attorneys may attend this Authority), Vice President, FINRA Dispute Newark, lead counsel for plaintiffs in and Board of Regents. Federal law also applies, inaugural event. Resolution, and Regional Director, Gusciora v. McGreevey, seeking to enjoin use including, but not limited to,Title IX governing We ask that you formally add your name to Northeast Region of electronic voting machines that did not pro- equal opportunity for women and the our Education Law Committee membership Although the program has no fixed agenda, vide a verified voter paper ballot Rehabilitation Act and Individuals with list by replying to us by email Ms. Clancy has agreed to discuss new initia- Moderator and Program Chair: Allan R. tives, including: an update on NASD & Disabilities in Education Act. As in corporate ([email protected] or steve@steven- Pearlman, Esq., Appellate Attorney, Law law, other areas dovetail with an education law landis.com). There is no charge to join. NYSE dispute resolution consolidation; the Office of Allan R. Pearlman first 10 months’ experience with the new Sponsor: Cyberspace Law Committee practice, such as labor and employment law, We look forward to seeing you on arbitration code and the new subpoena rule; RSVP: [email protected] and write real estate law, and non-profit and corporate February 6. the expansion of the discovery arbitrator “February 12 forum” in Subject line. finance issues. According to Catherine A. pilot program to include the Northeast (For more information about this event, Christian, NYCLA President, “Whether it be Sincerely, Region; proposed rules regarding disposi- please refer to page 13.) reauthorization of mayoral control over New tive motions and the definition of “public York City public schools, No Child Left Behind arbitrator”; and the new rule defining who CENTENNIAL CELEBRATION EVENT: may represent a party in a FINRA arbitra- or special education issues, this new committee David Bloomfield & Steve Landis SCREENING OF DOCUMENTARY, will continue NYCLA’s tradition of being in tion. As usual, Ms. Clancy will field ques- BRICK BY BRICK: A CIVIL RIGHTS tions from the audience. STORY Moderator: Martin L. Feinberg Wednesday, February 27 Sponsors: NYCLA’s Arbitration and ADR, 6:00 PM Foreign and International Law Committee launches Labor Relations & Employment Law and Place: NYCLA Home of Law – 14 Vesey Securities & Exchanges Committees Street FREE monthly series on terrorism and the law CENTENNIAL CELEBRATION EVENT The one-hour documentary, Brick by IN HONOR OF BLACK HISTORY Brick: A Civil Rights Story, depicts the The Foreign and International Law Ambassador to the U.N. and later, when she MONTH: IDA B. WELLS-BARNETT battle fought against housing discrimina- Committee, chaired by Nicholas Rostow, was U.S. Ambassador to the U.N.’s Human JUSTICE AWARD RECEPTION tion in Yonkers, New York, which was the University Counsel and Vice Chancellor for Rights Commission. Mr. Gerson is widely rec- Wednesday, February 6 subject of a protracted federal court case, Legal Affairs, SUNY, has launched a monthly ognized as a leader in the battle for justice for 6:00 PM United States v. Yonkers. Bill Kavanagh, program series on terrorism and the law. On those whose lives have been torn apart by ter- Place: NYCLA Home of Law – 14 Vesey the documentary’s director and producer, Street January 3, Harvey Rishikof, a professor at the rorism, having brought the first suit against will speak. National Defense University and former Libya on behalf of the families of the victims of FREE: By invitation and for members only Sponsor: Civil Rights Committee Honoree: Patricia L. Gatling, Commissioner General Counsel of the FBI, led a lively dis- Pan Am flight 103 and having helped pass the RSVP: [email protected] and write cussion about the fundamental legal issues that 1996 law that makes it possible for citizens to and Chair of the New York City “February 27 event” in Subject line. Commission on Human Rights the next Administration will need to face in hold foreign governments accountable for acts Sponsors: NYCLA and the Metropolitan COMING UP IN MARCH: fighting terrorism. These included: the treat- of terrorism. Today he is engaged with lead co- Black Bar Association CENTENNIAL CELEBRATION EVENT ment of prisoners, amount of due process to counsel Ron Motley in a massive lawsuit RSVP: [email protected] and write ‘Wells IN HONOR OF WOMEN’S HISTORY which they are or should be entitled and the against Saudi and other interests filed on 2008’ in Subject line. MONTH: EDITH I. SPIVACK AWARD question of whether a specialized district court August 15, 2002 on behalf of 9-11 families. (For more information about this event, RECEPTION for terrorist and national security cases should A discussion about efforts to improve please refer to page 11.) Monday, March 17 be created. multi-lateral approaches to counter-terrorism 6:00 PM CENTENNIAL CELEBRATION EVENT On February 7, Allan Gerson, chairman of is slated for March. Place: NYCLA Home of Law – 14 Vesey the Gerson International Law Group, a NYCLA members can attend the Foreign – PUBLIC FORUM: DO THE ‘AYES’ Street HAVE IT? AN UPDATE AFTER FREE: By invitation and for members only Washington, D.C.-based firm specializing in and International Law Committee’s meetings, SUPER TUESDAY ON VOTE- Honoree: Geraldine A. Ferraro, attorney, public international law and its interplay with which take place at the NYCLA Home of Law. COUNTING TECHNOLOGY AND Democratic politician and former member complex litigation and political support, will If you would like to become a member of the ELECTION INTEGRITY of the U.S. House of Representatives, is best present on forging new law on behalf of vic- committee, join online at www.nycla.org. Log Tuesday, February 12 known as the first and only woman to date tims of terrorism. Mr. Gerson worked at the on to the Members Only section and then click 6:00 PM to represent a major U.S. political party as a Justice Department in the Office of Special on “Join a Committee” on the left-hand side of Place: NYCLA Home of Law – 14 Vesey candidate for Vice President (in the 1984 Street Investigations (Nazi hunting) and then for the screen. Or, you can email Andrew Segal at election). Ms. Ferraro was later appointed as Jeane Kirkpatrick when she was U.S. [email protected]. FREE ambassador to the United Nations’ Human Speakers: Douglas Kellner, Co-Chair, New Rights Committee and is currently a busi- York State Board of Elections and former nesswoman. Commissioner of New York City Board of (For more information about this event, TABLE OF CONTENTS Elections; Dr. Rebecca Mercuri, Forensic please refer to page 4.) Computing Expert Witness, Notable Software, Black History Month: Ida B. Wells- Message from the CLE Director…8 Barnett Justice Award…11 Message from NYCLA Foundation Book Signing Event: The Judges of the President…4 New York Court of Appeals...12 Message from the President…5 Centennial Calendar of Events…3 Networking is an Art…7 Centennial Celebration: Black History NYCLA’s 93rd Annual Dinner…1 New member benefit - Month at NYCLA…11 NYCLA’s 93rd Annual Dinner Divorce, IRS Style…8 Photos…10 Best Buy for Business Edith I. Spivack Award Reception…4 NYCLA’s Newest Pro Bono Programs…9 Education Committee Letter…3 NYCLA Express to be Discontinued...15 NYCLA members are now eligible to click on Benefits in the Members Only Ethics Hotline…17 Past Events…13 enroll in a Best Buy for Business group section, then click on Leisure & Retail Foreign and International Law Post Job Openings on nycla.org....4 discount program. Prices are determined Discounts in the dropdown menu. Orders Committee Launches Monthly Series on Pro Bono Programs Seek Volunteers…4 on an item-by-item basis and can be placed between Terrorism and the Law…3 Résumé Writing and Job-Interviewing based on a percentage over 8:00AM-5:00PM, Monday House and Library Rules…15 Tips...6 the store’s cost, NOT a dis- through Friday EST with Insurance Needs for Your Law Firm…7 Sample Résumé...6 count off the store’s pub- the Account Executive or Join the Bar of the U.S. Supreme Speeches from NYCLA’s 93rd Annual lished price. To take you can order online 24 Court…15 Dinner…17 advantage of the NYCLA discount, hours a day, 7 days a week once you have Library Notes…12 Spotlight on Professional Development Lunch-in-Chambers Program…12 and Networking…6 please go to www.nycla.org, log in and established an account. Member Benefits…3 The First Year of Flying Solo…7 Member Profiles…8 4 January/February 2008 / New York County Lawyer

A MESSAGE FROM THE PRESIDENT OF THE NYCLA FOUNDATION James B. Kobak Jr.

Dear Friend: is done, the building should be sound But to do what needs to be done, we Those who give at higher levels will be Founded in 1908, NYCLA is cele- for many years into the future, and need the support of every one of our eligible for other special gifts com- brating its Centennial year with NYCLA’s facilities, and therefore ulti- members. memorating the Centennial, which myriad programs, fora and receptions mately, its programs and services, will Because the need is so critical, we include an engraved Tiffany crystal – some looking back at its vibrant her- be improved. are asking every NYCLA member to Windham box, a special limited-edition itage and others looking forward to And, of course, aside from the participate at some level in our Centennial print and an autographed the future of NYCLA and the profes- building, endowment funds continue Centennial Capital Campaign. This copy of Brethren and Sisters of the Bar: sion. I hope you will take part in these to be as necessary as ever to support Campaign supersedes our Annual A Centennial History of the New York activities. At the same time, the and enrich NYCLA’s programming Appeal for 2008 so that we can concen- County Lawyers’ Association,an NYCLA Foundation has embarked on and services for lawyers and the trate our attention on our capital and engaging and informative book written a NYCLA Centennial Capital public. endowment needs. Also, NYCLA is by Edwin David Robertson, NYCLA’s Campaign and I hope you will partici- Through the Centennial Capital foregoing any dues increase for 2008 in Immediate Past President. pate in that effort as well. Support by Campaign, launched in May 2005, we honor of the Centennial. Anyone con- I hope you will carefully consider all our members is critical to main- have approached major law firms, tributing $100 will receive a Centennial the contribution levels described taining a Home of Law for all lawyers foundations and governmental sources DVD about NYCLA and will be a below, along with the gifts the NYCLA in New York, in both a metaphorical and have raised $1,500,000 already. Centennial Member of the Campaign. Foundation will provide, and be as gen- and literal bricks-and-mortar sense. erous as possible. Contributions of NYCLA’s Home of Law – its land- $1,000 or more may be pledged over mark Cass Gilbert building at 14 Vesey CONTRIBUTION LEVEL two years. Contributions at the levels Street – is where many NYCLA activ- Contribution Designation NYCLA Foundation Gift/Recognition of $5,000 carry permanent recognition ities occur and where, for example, $100 Centennial Member NYCLA Centennial DVD and naming opportunities are available Thurgood Marshall did some of the $250 Centennial Friend Autographed Centennial Book for donations of $15,000 or more. research that preceded Brown v. $500 Centennial Partner Limited Edition Print Donors to the Centennial Capital Board of Education. This 78-year-old $1,000 Centennial Fellow Autographed Centennial Book and Campaign can send their contribu- Home of Law needs maintenance and Limited Edition Print tions (made payable to the NYCLA repair and a judicious overhauling to $2,500 Centennial Supporter Autographed Centennial Book, Limited Foundation) to the NYCLA meet the needs of modern lawyers. The Edition Print and Recognition on Plaque Foundation, 14 Vesey Street, New NYCLA Foundation commissioned a at the Home of Law York, NY 10007 or make their contri- thorough architectural study, which $5,000 Centennial Patron Autographed Centennial Book, butions online by logging on to has led to a basic plan for major work Framed Limited Edition Print, Tiffany www.nycla.org and clicking on on both the exterior and interior of the Crystal Windham Box and Recognition NYCLA Foundation and then on building. At a bare minimum, the cost Online Giving. on Plaque at the Home of Law of this necessary effort is in the range $15,000 Centennial Leader All Centennial Patron Gifts and of $5,000,000 to $8,000,000 to be Sincerely, incurred over the next several years. Recognition, Plus a Naming This work simply must be done and Opportunity at the Home of Law cannot be deferred any longer. Once it James B. Kobak Jr. Edith I. Spivack Award Reception set for March 17 Pro Bono Programs Seek Volunteers In recognition of the work of Edith I. Mondale as the candidate for President. In her Spivack, one of NYCLA’s longtime members acceptance speech,she spoke of the realization of Volunteers needed for Pro Bono Elder lessen collateral consequences of and first chair of its Women’s Rights the American dream: “Tonight, the daughter of Law Project criminal convictions, the Civil Rights Committee, NYCLA created an award in her an immigrant from Italy has been chosen to run Are you interested in helping Committee, with the support of the honor in 1997.This year, the 11th annual Edith for vice president in the new land my father came seniors who need assistance in Association’s Pro Bono Committee, I. Spivack Award will be given to Geraldine A. to love...”.The ticket lost, but Ferraro’s candidacy preparing basic estate planning docu- developed Project Restore, a pro bono Ferraro on Monday, March 17 at the NYCLA forever reshaped the American political and ments? Then NYCLA’s pro bono project that provides counsel to ex- Home of Law at 6:00 PM. Ms. Ferraro, an social landscape. Elder Law Project is for you. The pro- offenders who challenge denials of attorney, Democratic politician, former Since 1984, Ms. Ferraro has been active in ject, a collaborative effort between the employment licenses. member of the U.S. House of Representatives the public and private sectors. In 1985, she pub- Pro Bono and Elder Law Committees, The average pro se petitioner often and businesswoman, is best known as the first lished an autobiography, My Story, and in 1993, will educate New York residents over files inadequate documents, does not and only woman to date to represent a major she was appointed ambassador to the United the age of 62 who lack the financial understand the burden of proof or is U.S. political party as a candidate for Vice Nations’ Human Rights Committee. She means to pay for the preparation of unable to argue effectively that an President (in the 1984 election). served as president of the International wills, durable powers of attorneys, agency’s decision is arbitrary and capri- Institute for Women’s Political Leadership. Ms. living wills and health care proxies. cious. The volunteer’s work will include Geraldine A. Ferraro Ferraro made two unsuccessful bids to run as Training for lawyers who wish to par- all elements of representing a client in In 1994, Geraldine A. Ferraro was inducted the Democratic candidate to the U.S. Senate in ticipate in the project will be held at an adversarial proceeding before a tri- into the National Women’s Hall of Fame 1992 and 1998. She joined Blank Rome the NYCLA of Home of Law, 14 Vesey bunal of record. (NWHF). Below is an excerpt from her profile Government Relations LLC as a principal in Street, on Thursday, February 7 from Training for lawyers who wish to that appears on NWHF’s website (www.great- 2007. Ms. Ferraro is a graduate of Fordham 6:00-9:00 PM. participate in the project will be held women.org). Law School. You must be admitted to the bar and a at the NYCLA Home of Law, 14 Vesey Geraldine Ferraro was the first woman member of NYCLA to participate. To reg- Street, on Tuesday, February 26 from nominated by a major political power as its can- Edith I. Spivack ister for the February 7 training session, 6:00-9:00 PM. didate for Vice President of the United States. A NYCLA member for 44 years, Edith I. please contact Lois Davis, Director of Pro You must be admitted to the bar and a A teacher and then attorney, Ferraro Spivack served as chair of the Association’s Bono Programs, at [email protected]. member of NYCLA to participate. To reg- worked in the Queens, New York District newly created Special Committee on Women’s ister for the February 26 training session, Attorney’s office, where Rights beginning in 1993. It soon became a Volunteers needed for NYCLA’s please contact Lois Davis, Director of Pro she started the Special standing committee and under her extraordi- newest pro bono project: Bono Programs, at [email protected]. Victims Bureau. Ferraro nary leadership, the Committee was highly Project Restore (For more information about Project ran successfully for regarded for its advocacy of equal rights under In furtherance of NYCLA’s goal to Restore, please refer to page 9.) Congress from New York the law for women. In addition to the leader- City’s 9th District in 1978. ship role taken by Ms. Spivack, she is remem- There, she was a women’s bered for her service as mentor, role model and and human rights advo- inspiration to many women lawyers. POST JOB OPENINGS ON NYCLA.ORG – AT NO COST! cate, working for passage One of the first women admitted to Are you looking for a qualified lawyer Looking for a job? of the Equal Rights Columbia Law School (class of 1932), Ms. to fill a position? NYCLA will post your NYCLA members can register Amendment, sponsoring Geraldine A. Spivack worked at the New York City job on its members-only website, making online to receive new job postings by the Women’s Economic Ferraro Department of Law for 70 years, retiring in it visible to 10,000 attorneys and law stu- email. To register, go to www.nycla.org, Equity Act ending pen- December 2004. In 2005, Ms. Spivack was pre- dents. Simply email your job description, enter your member information and sion discrimination against women, and sented with the Edith I. Spivack Award. She died including instructions on how to apply click on Jobs in the Members Only sec- seeking greater job training and opportunities in July 2005. That year, NYCLA established the (please send as an attachment, preferably tion. You will automatically receive for displaced homemakers. Edith I. Spivack Fund for Women in Law and in PDF format), to [email protected]. new job listings for 30 days. Members In 1984, Ferraro was picked to run as Vice Society to support programs for women and cel- For more information, please call can easily extend or discontinue the President of the United States on the Democratic ebrate the achievements of women, both in the Cindy Fragliossi at 212-267-6646, ext. 209. service. Party ticket, with former Vice President Walter profession and in the larger society. January/February 2008 / New York County Lawyer 5

A MESSAGE FROM THE PRESIDENT Catherine A. Christian New York County Lawyers’ Association 14 Vesey Street

New York, NY 10007-2992. Phone: (212) 267-6646 RESPECT Fax: (212) 406-9252

The New York County decades. At the beginning of ularly acute in New York City. Catherine A. Lawyers’ Association has his- January, United States Supreme The report indicated that Christian torically advocated for regular Court Chief Justice John because of the high cost of President and fair judicial salary Roberts, in his annual year-end living in New York, a New York Sophia J increases. Judicial compensa- report, urged both houses of Supreme Court Justice has less Gianacoplos tion is not and should not be a Congress to approve a federal purchasing“ power than that of a Executive Director political issue. It trial court judge in is first and fore- Montana. Given that in Mariana Hogan most an issue of some Manhattan neigh- Chair, Newsletter …If indeed the judiciary of this State Editorial Board equity and borhoods the price of a respect – equity must be reduced to begging and pleading, co-op or condominium Marilyn J. Flood and respect for denied any place at the negotiating table, has risen to over a Counsel to NYCLA a co-equal our fate tied to wholly irrelevant political million dollars and Executive Director of the NYCLA Foundation branch of gov- linkages, then the Bar of this State — our the rental market is ernment. vital partner, the most powerful, commensurately Anita Aboulafia Unfortunately, for nearly high, a state court Editor sophisticated, resourceful, outstanding Director of Communications a decade, judicial com- lawyers in the entire world — must judge can face an pensation in New York average home help end this quagmire. Nicole Pierski has been caught in the price of over seven Communications Assistant middle of executive and Remarks of Chief Judge times his or her legislative political“ grid- income. Long Island Business News Judith S. Kaye, Account Executives lock. In January 2007, the NYCLA Annual Dinner, The New York County Shirley Bracken year began with much Lawyers’ Association has December 11, 2007 631-913-4262 hope and promise that historically recognized Pat Kunder the days of Albany poli- the vital role bar associa- 631-913-4227 tics as usual were over. There judicial salary increase in 2008. tions must play to ensure that Copyright © 2007 New York were high hopes that after eight Also, Chief Judge Kaye pre- we have a strong, independent County Lawyers’ Association. All rights reserved. New York years, the men and women who sented a proposal that would and fairly compensated judi- County Lawyers’ Association sit on the bench in New York provide for an immediate salary ciary. Almost 100 years ago, on grants permission for articles and other material herein or portions would finally receive fair and increase and create a commis- May 21, 1908, the Association’s thereof to be reproduced and distributed for educational or competitive compensation. At sion, with members to be first president, John Dillon, professional use through direct contact with clients, prospective the end of January, the appointed by both the speaking about the dangers to clients, professional colleagues Governor proposed an execu- Legislature and the Chief individual liberty, stated: “If and students provided that such use shall not involve any matter tive budget that included over Judge, to set future judicial such attempts are or shall be for which payment (other than legal fees or tuition) is made $100 million to provide all state salary increases. made by popular and provided further that all reproductions include the name judges with pay raises retroac- During this nine- conventions, by leg- of the author of the article, the tive to April 1, 2005. This would year pay drought, islative or by execu- copyright notice(s) included in the original publication, and a have resulted in a significant the judicial work- tive sanction, an notice indicating the name and date of the Association publica- judicial salary increase. But load has increased independent judi- tion from which the reprint is made. Subscription rate: $10.00 hopes were quickly dashed. As and so has New ciary backed by the per year for non-members a May 1, 2007 New York Times York’s cost of living. organized voice of New York County Lawyer is headline stated: “Raise for The National Center the legal profession published monthly (except State Judges Gets Caught in for State Courts is our main if not January and August) for $10 per year by New York County Crossfire Between Spitzer and (NCSC) publishes only defense and Lawyers’ Association, 14 Vesey Bruno.” an annual survey of bulwark.” NYCLA Street, New York, NY 10007. Periodicals postage paid is mailed As we begin 2008, New York judicial salaries in all will continue to vig- at New York, NY and additional state court judges have entered 50 states and the orously defend the mailing offices. POSTMASTER: Send address changes to: New their ninth year without a salary District of Columbia. In May independence of the judiciary York County Lawyer, 14 Vesey increase. Our state judges are 2007, the NCSC published a and demand that judges be Street, New York, NY 10007-2992. paid substantially less than special report on judicial compensated fairly. The con- USPS #022-995 ISSN: 1558-5786 their federal counterparts, salaries in New York entitled tinued failure to adequately $10.00 of membership dues whose own salaries are inade- Judicial Compensation in New compensate our judges is both is deducted for a one-year quate. Indeed, in December York: A National Perspective. disrespectful and deplorable. subscription to the New York 2007, the Judiciary Committee The report found that the Enough is enough! County Lawyer. of the United States House of salaries of New York state court Photo Credits: Representatives approved leg- judges are the 48th lowest in the Anita Aboulafia islation that would give federal country when adjusted for cost Cindy Fragliossi Carolyn Kubitschek judges their first pay raise in of living. This situation is partic- M. Barry Levy Jack Miller 6 January/February 2008 / New York County Lawyer SPOTLIGHT ON PROFESSIONAL DEVELOPMENT AND NETWORKING

since graduation, include quality Résumé writing and job-interviewing tips content relating to those jobs in your one-page résumé. If you have for law students and new lawyers enough quality content about your work since graduation to fill one by Leo Genn, Esq. and résumé by saying you are or were a page, then your work during and Bruce Weiner, Esq. solo practitioner. We imagine some before law school can be omitted. solo practitioners you are com- Until you can fill at least three quar- We know the career placement offices at local law peting with in the job market are ters of a one-page résumé with schools do some great work helping law students and already presenting their résumés quality post-graduate content, keep Bruce Weiner Leo Genn newly admitted lawyers with their résumés and cover let- this way. If, instead, you leave gaps, using brief résumé items showing ters; however, we still see some items on résumés that are you are putting yourself at a com- your work experience during and before law school in the not ideally formatted or presented. Moreover, our com- petitive disadvantage. By the way, if, while you are in the same format as your jobs as a lawyer. Make sure to bined 35+ years of practicing law have provided us with process of attempting to get clients (and therefore can include/emphasize whatever you did that shows skills and insight into the job-interviewing process. Below are tips truthfully say you were trying to build a solo practice), proficiencies relevant to lawyering. In that section of the for résumé writing and job interviewing. you actually succeed, then the upside of this approach will résumé, exclude any work that does not demonstrate eloquently speak for itself. skills relevant to lawyering, such as answering phones and Résumé writing tips ● Include a “Hobbies” or “Interests” section. filing. ● Once admitted, add Esq. after your name at the top of Your hobbies may demonstrate a proficiency related to a ● You may want to include information about any foreign your résumé. job; e.g., if you were the captain of a college team, that language in which you are fluent at the foot of the résumé Oddly, not all admitted attorneys do this. shows leadership skills that are highly relevant to under a section titled “Languages.” [The authors believe ● Do not have a section titled “Objective” anywhere on a lawyering. [The authors agree that hobbies and interests there is no industry consensus regarding whether a résumé. that do not demonstrate legal skills and proficiencies “Languages” section should be included.] Your objective should be to fill the needs presented by the should not be in your resume, but we note that some current opening at the employer’s firm. lawyers we consulted on this issue disagree. Their thinking Job-interviewing tips ● While you are in law school, place the “Education” sec- is that listing such hobbies may help create a bond.] ● A nervous job applicant implies an ill-prepared and/or ill- tion of your résumé above the “Experience” section. ● In general, attorneys with fewer than five years’ experi- suited one. Relax, practice yoga, do mock interviews, do exten- ● Have your current position at the top in the ence should not have résumés longer than one page. sive self study in your practice area - do whatever it takes so “Experience” section and list your other jobs in reverse ● Regarding the inclusion of non-legal work on your you can be relaxed and confident during job interviews. chronological order. résumé: ● Summer Associate positions excepted, always include For recent law school grads with only one or two jobs See RESUME WRITING, Page 14 the month and year in the term of one’s employment, date of graduation, etc. We feel strongly about where the starting and ending months and years of your education and experience should appear. We believe it should be flush on the right SAMPLE RESUME margin. ● After your first job as an admitted attorney, regardless of the excellence of the law school you attended, place the NAME “Experience” section of your résumé above the 123 East 123th Street, apt. 123 (917) 123-4567 (C) “Education” Section. New York, NY 10000 [email protected] ● Do not state proficiency with Westlaw, Lexis, Microsoft Word, Microsoft Outlook, etc. EDUCATION: In this context, isn’t this like applying for a job as a cook Great Law School, New York, NY August 2006 – Present and saying you can operate a stove? We think proficiency Alumni Scholar Recipient 2007 in Microsoft Word should go without saying. That brings Real Estate-Related Coursework: Real Estate Transactions and Finance, Grade, A Juris Doctor, expected May 2009 up another, related topic, spelling errors. We still see résumés with misspelled words. If you have Word 2003, Great University, City, State May 2001 you can prevent these errors by going to Tools, Degree: Bachelor of Arts Major: Communications AutoCorrect Options and hit the AutoCorrect Tab. At the Concentrations: Mass Media Marketing and Interpersonal Communication Behaviors bottom of the panel, check the box, “Automatically Use Suggestions from the Spelling Checker.” Lawyers must EXPERIENCE: also spell check their work-related and job-hunting emails 123 Management New York, NY January 2003 – Present with whatever spell-checking tools are available in their Assistant Property Manager email programs. All law-related work products, including G Attend Board meetings and act as a tenant liaison, interfacing with tenants and Board Directors. G Assist in Capital Improvement projects and managing general administrative projects. job-hunting documents, need to be carefully proofread at least twice, if not more. 456 Corporation New York, NY January 2003 – August 2006 ● Do not start a résumé bullet with a phrase like, Department Crew Supervisor / Program Manager “Assisted Managing Partner in legal research on…” We G Supervised the Inviting Department (approximately 45 people), which coordinates and schedules medical professionals and prefer, “Researched… .” experts for various types of medical marketing projects and market research focus groups on behalf of numerous ● Given the tightness of today’s job market, prepare dif- pharmaceutical companies. ferent resumes to respond to different types of job G Analyzed demographic marketing statistics in order to better determine prescribing practices, marketplace reactions and openings. industry opinions to new and re-developed prescription medications. Ideally, the skills sought by your prospective employer G Managed and monitored hiring and training program of new Conference Coordinators and Project Managers. should be in the first “text bullet” in the résumé you 789 Productions, LLC, New York, NY June 2001 – January 2006 submit. To give each résumé you send out the best chance President and Director of Creative Development of being the most appropriate résumé your prospective G Developed creative marketing and promotion campaigns. employer receives, you may need to change the order in G Spearheaded mobile media marketing, product placement and branded entertainment campaigns for film, television, music which you present your responsibilities within each job videos and ‘A’-list media event gift bags. listing. Think about it; if you are an employer with an G Placements include Academy Awards, Golden Globes, Sundance Film Festival, Emmy Awards, Toronto Film Festival, opening for a landlord-tenant lawyer and you receive a numerous industry parties and film premieres. résumé where landlord-tenant work is the fifth bulleted G Produced both online and offline promotional campaigns, sweepstakes and contests that focused on low production costs and item in a prospective employee’s list of responsibilities at high ROI. G his/her current job, is that résumé likely to go to the top of Acted as a liaison and creator in the development of celebrity-driven reality television. programming for major television production houses and music videos for major record labels. the stack? If you are a law student or a recent graduate with high grades in courses that relate directly to the posi- Great Not-for-Profit, New York, NY August 2000 – March 2001 tion you seek to fill, state that performance in the educa- Sales Manager for New Membership Registrations tion section of your résumé. G Coordinated and managed new membership registration sales campaign. ● If you wrote a legal article or a noteworthy law work G Led the recruitment team that generated the highest membership totals for the entire North American geographical region in product, mention it in your cover letter and offer to email the summer of 2002. a copy on request. If you are asked to send a sample work product, make certain to redact ALL names of ALL indi- COMPUTER SKILLS AND ACCOMPLISHMENTS viduals, companies, index numbers, etc. Legal publications Proficient in PowerPoint, Adobe Premier Pro, Photoshop. G should also be mentioned at the bottom of your résumé. Letter Award Winner for Soccer, Track and Rugby (Div. 1 XYZ Conference) (1999 – 2002) G Great University Leader of Tomorrow Award Winner (2002) ● Avoid chronological gaps in your work history. G Great University Community Service Scholarship Recipient (1998 – 2002) We often see résumés that show lawyers as solo practi- G Private Corporation Youth Leadership Award Winner (1998) tioners for months or years. If, in a period when you are G Awarded Rank of Eagle Scout, Boy Scouts of America (1998) between jobs, you can truthfully and plausibly say that G Promoted as Cadet Colonel Commander of the Team (1997) you made at least some attempts to find your own clients, then by all means, fill those chronological gaps in your January/February 2008 / New York County Lawyer 7 Networking is an art Insurance needs for your law firm by Andrea Nierenberg time to get the foundation in place. by Richard A. Klass, Esq. down because there is more However, once that’s done, the rest of potential exposure to claims as Although we know that one goal of the building seems to go up in a rela- In Keeping Your Firm’s the attorney handles more cases networking is to discover new business tively short period of time. That is also Finances, one of the courses of (it does level out at some point – opportunities, it is more than a “paint by true with relationships. NYCLA’s Law Practice Series, about 12 years into practice). the numbers” process. It takes time, 6. Follow up in unique ways. When you various topics involving running 6. Unemployment: This insur- patience and creativity to cultivate network with new people, work to the business of a law firm are ance policy covers all employees people. The key is to make networking remember something that is important discussed. These topics include, of the firm, including secre- become a natural part of everyday life. to them. It could be something they col- among other things: (a) business taries, paralegals and associates. To make positive networking become lect or maybe something related to and personal tax planning; (b) It is mandated by New York a part of your everyday life, start with a sports. Then, these topics can become a office space issues; (c) Richard A. State law. A report of strategy and begin the process. Begin to springboard for future communications. employee retention and man- Klass employees’ wages is made to imagine that many people you meet can This simple form of communication will agement; (d) banking needs; New York State and the pre- lead you to potential business. Now, plan get you remembered. and (e) routine expenses on cases. mium is paid to the State. a strategy that will include tactics to Here’s a game plan you might want to One of the most important topics of 7. Life:While a life insurance policy can allow people to feel comfortable, trusting follow to help make networking a part of the course is insurance. There are many be offered to all employees of the law firm, and willing to help you achieve more as your life: types of insurance products available and most law firm owners will purchase, on you help them: ● Each week, call one person you needed by a law firm and without them, it their own, a life insurance policy to cover 1. First, know your contacts. Approach haven’t spoken with for the past 90 days. is not recommended that a law firm should the potential death of the owner during them with a genuine dialogue.Then, at the Take nothing for granted; approach this begin operating. The following list, while the course of operating the law firm.There right time, ask them if they would help you person like a new contact and do the not exhaustive, outlines the various types are many types of life insurance policies, “brainstorm” for new ideas to develop follow up. of insurance products available: including term (with no cash value), whole new business. Sometimes your contacts ● When you invite clients to accompany 1. Worker’s Compensation: This insur- (with cash value) or universal (a hybrid). will give you more than you hoped. you to an event or a meal, offer them an ance policy covers all employees of the 8. Equipment: In most law firms, the 2. Have a clear vision. Be sure that you extra “ticket” so that they can bring firm, including secretaries, paralegals and photocopiers are leased or financed, as can see the end results with all your con- along a guest. associates. It is mandated by New York opposed to being owned outright. In that tacts. Find ways to be of help to them and ● Write notes to people you’ve never State law. Most small employers obtain common situation, the finance continually learn how to help them. worked with. For example, look at a policies from the State Insurance Fund. company/leasing company will require 3. See the potential. Everyone we meet is trade publication and write a note to 2. Disability: This insurance policy that its photocopier be insured against loss a client, prospect, or friend or knows someone featured in an article. Avoid covers all employees of the firm, including or damage. If the law firm has a general someone who can become one. making a pitch; just mention something secretaries, paralegals and associates. It is liability policy, a separate policy for the Sometimes, we think we have to go to that impressed you in the article. mandated by New York State law. Most equipment need not be purchased; the the top and may not realize the strength ● Develop your own system. Think back small employers obtain policies from the equipment may be listed on the policy and in the foundation. Often, the top people to current clients you got through net- State Insurance Fund. the finance company/leasing company rely on those who they manage for working. Remember the tactics that lead 3. Personal disability: Since the owner of added as an additional insured. advice.While the president of a company you to these customers.The goal is to dis- the law firm is not covered under the above 9. Health:There are many types of health signs the biggest checks, you might want cover what you already do that works, disability policy, which is intended for insurance policies, ranging from merely to find ways to let that person’s staff see and repeat it. employees, the owner should obtain a per- accident/illness to comprehensive coverage. how you can provide the products or ser- sonal disability insurance policy. The pre- The basic decision to be made in terms of vice to help everyone there.Avoid taking Start viewing the world as if it were mium is not very expensive; yet, in the health insurance will be whether to offer the people for granted; almost everyone can one big network. Now, plan on “plug- event of a long-term illness or accidental insurance through the law firm as a “group” get you closer to new leads. ging” into it to get the power that leads injury, this insurance could be critical. This (under most companies’ rules, a group can 4. Surround the account. In addition to to more clients. type of policy is generally offered by life be as few as two people) or whether the knowing the staff of potential clients, insurance companies. owner of the law firm will obtain his or her take time to network with decision Ms. Nierenberg of the Nierenberg Group is 4. General liability: This policy, often for- own insurance. As one can imagine, the cost makers in a variety of ways at trade the author of Nonstop Networking: How to gotten by many law firms, covers the phys- of a private health insurance policy can be shows, business networking lunches, civic Improve Your Life, Luck and Career and ical space of the law firm in case of premises prohibitively expensive. It is recommended group functions and other venues. Million Dollar Networking: The Sure injuries. The policy may include terrorism that a good insurance expert be consulted 5. Solid relationships endure. If you have Guide to Find, Grow and Keep Your coverage, business interruption coverage for the best policy choice. ever followed the progress of a new con- Business. Her most recent book is Savvy and scheduled assets. When renting an The above list does not address the struction, you know that it takes some Networking: 118 Tips for Business Success. office, the landlord will typically require (as other types of insurance policies that the part of the lease agreement) that the tenant owner of a law firm needs for his or her obtain this insurance and list the landlord as own benefit, such as auto, homeowner’s, an additional insured for coverage purposes. renter’s, umbrella and annuity. It is impor- The first year flying solo: 5. Professional liability (also known as tant to obtain good advice as to the law malpractice insurance): Before an attorney firm’s specific needs before purchasing hangs out his or her shingle, he or she ought any insurance policies. to have this insurance policy in effect. This time-honored wisdom insurance covers all acts taken or omitted by Mr. Klass maintains a law firm engaged the attorney in the course of practicing law. in general civil practice at 16 Court by Darin Wizenberg, Esq. Articles and speeches not only The policy generally covers the acts of the Street, 29th floor, Brooklyn Heights, increase your exposure, they also attorney anywhere in the world and anyone New York. He may be reached by phone Whether you are just contem- credential you as you perform a appearing “of counsel” to the attorney. at 718-COURT-ST or via email at plating starting your own practice or valued contribution to the legal Unlike auto insurance, the annual premium [email protected] with any have already been “flying solo,” you community. In short, giving more for this policy goes up each year and not questions. will find a wealth of practical tips gets you more: respect, credibility and advice available that is designed and clients. While that may not pay to help guide you. Many of these the bills immediately, it will pay off then some that is required in order to close games); and g) get a good banker right away— pointers you will hear or see over monetarily and otherwise down that experience divide. Bringing that kind of if you can’t keep your accounts straight, you and over again for good reason:they the road. Think long term. passion will solve short-term problems and will have hit the legal community’s “third rail.” work. Below is an explanation of Darin Wizenberg 2. Use the Kitchen Sink make your practice a special one someday. The longer your doors are open, the more some oft-imparted words of wisdom Approach. There are so many 3. Tread Carefully. You may be leaving or adept you will be at protecting yourself. These that have withstood the test of time. aspects to running your own practice, from have recently left an insulated environment. tips will be useful in the meantime. 1. You Have to Give to Get. You want to marketing to accounting to actually practicing You will be/are on your own and feel exposed. make money. There is no shame in that. But law. A seasoned solo will have the experience To decrease the likelihood that you will find Certain principles run through the above do not devote all of your energy into “chasing and knowledge to be more efficient; a new yourself the subject of a disciplinary action or words of wisdom: commit to the highest ideals the dollar.” In other words, do not focus solely solo will not have that advantage. There is an malpractice lawsuit, the following are a few and standards of our profession, draw upon on increasing profit margins. You will create a experience gap. One way to make up for this pointers to help you develop and maintain a your own industrious nature and move ahead more dynamic practice and actually generate lack of experience is to make sure you have all professional practice: a) keep a copy of the armed with knowledge. By heeding these more business if you are willing to contribute your bases covered—by using The Kitchen Ethical Cannons inside your briefcase at all principles, your own office will not simply be your time and energy into non-paying projects. Sink Approach. If you find yourself com- times; b) document everything you do and do financially sound; it will be something of Intersperse diverse pro bono work into your peting with more experienced practitioners, it impeccably; c) while not required, use which you can be proud. for-profit business model. Pro bono cases can roll up your sleeves, dip your head and go to written retainers on every case—tailor them teach you new skills. Participate in a com- every CLE event in that practice area, spend and make sure they are specific; d) always Mr. Wizenberg maintains his own criminal mittee. Committees not only help you build every morning reading court decisions in the keep the phone number for NYCLA’s defense and civil rights practice. He is the relationships with experienced practitioners, law journal and go to every lunch reviewing Professional Ethics Committee hotline handy; co-chair of NYCLA’s Criminal Justice they keep you abreast of the cutting-edge advance sheets. Throwing in the kitchen sink e) get malpractice insurance (here is not the Section. He can be reached via email at developments in your field. Write articles, give means no matter what challenge faces you, place to cut costs); f) hire a conservative [email protected] or by phone at 212- lectures and participate in panel discussions. you are willing to do all the due diligence and accountant (not one who is going to play 918-0635. 8 January/February 2008 / New York County Lawyer Message From Bari Chase, CLE Director Diverse Courses Offered by the CLE riage, divorce or getting engaged. The attorney from a publicly owned broadcast School, will provide a CPLR Update on Institute This Winter Construction Law Committee is co-spon- service (NYCTV) and private practi- February 28 from 6:00-8:00 PM. Professor soring a program, Construction Law – tioners with significant experience in the Farrell, one of the foremost authorities on This winter, the CLE Institute is pleased Post-Project Disputes on February 5. industry will cover the wide variety of New York Civil Practice Law and Rules, to offer updated versions of some of our Learn from a panel of experts about arbi- agreements and legal issues often encoun- will identify and explain recent develop- most popular programs, such as Anatomy tration of disputes, indemnification and tered. All of the above programs will be ments, as well as provide cautionary advice of a Deposition (February 7), Advanced surety relations, presenting and resolving held from 6:00-9:00 PM. (Fee: Member, regarding their implications. (Fee: Co-op and Condo Law and Practice disputes under the NYC Dispute $125; Non-member, $165). Members, $125; Non-members, $165). (February 11) and Ethics for the Litigator Resolution Procedure and mechanics’ Finally, Richard T. Farrell, Distinguished (February 26). All of these programs will liens. The Criminal Justice Section is co- Service Professor of Law, Brooklyn Law See CLE, Page 14 be held from 6:00-9:00 PM. (Fee: Member: sponsoring From Arrest to Arraignment $125; Non-member, $165). In addition, we in the Federal Criminal System on will offer a slate of new and innovative pro- February 13. An overview of the process MEMBER PROFILE grams in a wide variety of practice areas. will be provided and will include such On Thursday, January 31 we will con- subjects as: the different types of Federal Name: Michael T. Dougherty duct a program, Marriage, Divorce and offenses; entrance into the Federal Residence: Brooklyn, New York Taxes: How to Advise Engaged, Married system; the initial appearance; the role of Status: Deputy Administrative Assistant District Attorney or Divorcing Couples to Trim Their Pre-Trial Services; probable cause and Director of Legal Hiring, New York County District Taxes to the Legal Minimum. Nationally hearing; indictment; detention hearing; Attorney’s Office recognized tax expert Julian Block will and the process of arraignment—how to Practice Area: Criminal Law – Prosecution discuss ways engaged, married and prepare, pitfalls to be aware of and how Admitted to Bar: 1999 divorcing couples can save thousands of best to represent your client. On February Education: Nassau Community College, A.D.; Cornell dollars on their taxes, as well as help 27 we will present How to Handle a TV University, B.S. Human Ecology; Boston University School attorneys anticipate questions from their Deal. A panel of experts, including an of Law, J.D. clients about the tax ramifications of mar- attorney from cable TV (HBO), an NYCLA Member Since 2005

Q. What brought you to NYCLA? A. Since joining the District Attorney’s Office in 1997, I have had the privilege of Divorce, IRS style being one of the many volunteers with our Community Affairs Unit. District Attorney Robert M. Morgenthau established the Unit to serve as a link between law enforce- by Julian Block, Esq. Lee in Connecticut and the couple resided ment and the community. As a result, I was fortunate to be invited to join NYCLA’s in New York until his death. Decision: Law-Related Education Committee, chaired by Hon. Richard Lee Price. The com- Nowadays, most states have eased their Leo’s estate could not claim a marital mittee sponsors a number of programs geared to various communities ranging from divorce laws. But despite the general deduction for property left to Lee because school children to seniors. Our committee members are a diverse group of lawyers easing, it is not uncommon for a court of his marriage to her was not recognized by and educators. As a result, we are able to provide speakers on a wide range of topics. one state to invalidate a divorce obtained New York, the state responsible for the In addition to community outreach, we judge moot court competitions and host a high in another state. To the complications this probate of the estate. school essay contest. It is a very rewarding experience and I consider myself lucky to can cause in your life, add some trouble- The same approach was followed in be on the committee. some tax questions that can arise after you another case that read like a script for the have gone. soap opera “All My Children.” Here, Q. What do you enjoy most about practicing law? For example, consider this estate tax Crockett and Priscilla Lane were living in A. I enjoy working on behalf of the community as I find the work to be both mean- problem. A married person’s estate can Wisconsin when she obtained a Mexican ingful and challenging. I have conducted every aspect of prosecution, from investiga- completely sidestep federal estate taxes, divorce on grounds not recognized by tion and arrest through trial, as an attorney in the Trial Division and Sex Crimes Unit. thanks to a break known in legal lingo as a Wisconsin. Priscilla then wed Wesley Our work can have an enormous impact on the lives of the accused, the victim and the “marital deduction.” No estate taxes fall Steffke and they remained in Wisconsin community.Therefore, it is essential that we achieve the most judicious outcome. I am due on property left to a surviving spouse until his death, whereupon he left most of fortunate to work with a dedicated group of outstanding lawyers. who is a U.S. citizen. For an estate to take his property to her. For state inheritance advantage of a marital deduction, a person tax purposes, Wisconsin determined that must leave a surviving spouse. But if a Priscilla wasn’t Wesley’s widow; she MEMBER PROFILE state invalidates a divorce obtained by remained the wife of Crockett. The IRS someone who remarried in the meantime, subsequently disallowed the marital Name: Eileen D. Millett who then is the “survivor”? deduction claimed by Wesley’s estate for Residence: Metuchen, New Jersey Reflect on the case of Elizabeth and property left to Priscilla. For the IRS. It Status: Partner, Real Property & Environmental Group, Charles Spalding, who lived in was immaterial that it was not until after Gibbons P.C. Connecticut until a disagreement the death of Wesley that Wisconsin invali- Admitted to Bar: 1978 prompted him to move to New York. dated Priscilla’s unhitching from Crockett. Education: Syracuse University College of Law Eventually, he went to Nevada because its According to dictionaries, there is a dif- Practice Area: Land use and water divorce statute allowed him to obtain a ference between a divorce and an annul- Member of NYCLA Since 2007 divorce without an appearance there by ment. The courts grant a divorce to mark her. The divorce was ruled invalid by New the end of a marriage that was valid when Q. What brought you to NYCLA? York but this did not dissuade Charles entered into, whereas an annulment is for A. I met Catherine Christian, the President of NYCLA, at a from a California marriage with Amy. The a marriage that at no time was valid (as House of Delegates meeting of the New York State Bar Association in Albany. I was couple resided in California until the when one of the parties was under the age immediately struck by her passion and the direct, no-nonsense manner that defines death of Amy, who left substantial prop- of consent at the time of the marriage). how she articulates NYCLA positions, which are unique to New York County. Since erty to Charles. Thanks to the marital To a couple interested only in the entering private practice and joining Gibbons P.C.’s New York office, which has more deduction claimed by Amy’s estate, the fastest way to untie the knot, the question than 40 attorneys, I believe NYCLA membership to be an excellent way to enhance Internal Revenue Service was disinherited may seem to be an unimportant techni- my private practice bona fides with the New York legal community. to the tune of about $400,000. cality. Those watchful souls at the IRS, One way or another, the IRS got wind however, think that there is an important Q. What do you enjoy most about practicing law? of the New York decision and insisted that difference when Form 1040 time rolls A. I pursued a legal career thinking that I was following in the steps of my great Charles was still married to Elizabeth. around. According to an IRS ruling, if an grandfather, who I incorrectly thought was an attorney. He had defended himself Therefore, contended the feds, Amy annulment is retroactive, the couple were against a charge of practicing medicine without a license by prescribing a cure-all Spalding’s estate was ineligible for the never married. Result: they had no right to tonic, “DeBourg’s Rheumatica” that he had patented. He successfully defended him- marital deduction. But what counts, said a file joint returns (Revenue Ruling 76-255). self and got all the charges dismissed. His story left me with an indelible impression federal court, was how California, the state An example: John and Mary married in of the power that law has over people’s lives and, more importantly, the fact that an of both Amy’s marriage and estate admin- 2006, filed jointly for that year and had their immigrant could go up against the government and win. Despite having the misfor- istration, viewed the relationship. Since marriage annulled after the filing deadline. tune of never having met him, I was inspired to pursue a career as a litigator. It was their marriage went unchallenged by Because their marriage was declared null and fitting that I join Gibbons P.C.’s New York office with its excellent reputation as a lit- California, Charles and Amy were hus- void from its inception by the annulment igation firm. band and wife there and her estate was decree, they are considered to be unmarried entitled to the deduction. at the end of 2006. Consequently, as an Q. What recent trends have you noticed in your practice area? But in other disputes, the IRS has tri- unmarried couple, they were ineligible to file A. I see Real Property and Environmental practice, my area of expertise, as being a umphed. For instance, Gertrude and Leo jointly. The IRS requires John and Mary to natural adjunct to the developing practice of clean energy standards for industry. As Goldwater lived in New York when he “undo” their joint return by the filing of developers confront new “green” standards, the impact and cost of doing business is obtained a Mexican divorce without an amended returns as unmarried filers.That can ever changing. Driven by strong public demand, a hodgepodge of new state, regional appearance by her — a maneuver that mean they get dunned for additional taxes. and federal initiatives has created new “clean energy standards.” Gibbons P.C.’s gov- caused New York to declare the Mexican ernmental experience and established relationships with decision makers help clients divorce invalid. Leo, nevertheless, married See DIVORCE, Page 14 avoid the bureaucracy that can often confound results. January/February 2008 / New York County Lawyer 9 Book-signing event: NYCLA’S newest The Judges of The New York Court of Appeals: A Biographical History The Judges of The New York Court of Appeals: A pro bono programs Biographical History, edited by Hon. Albert M. Rosenblatt and with a foreword by Hon. Judith clients to Project Restore are: the S. Kaye, commemorating the Project Restore 160 years of the Court, was NYCLA has announced the Community Service Society of New York, The Fortune Society, ICARE recently published. On launch of Project Restore, a unique November 27, a book-signing program that will provide pro bono (Interfaith Coalition of Advocates for Reentry and Employment), the event took place at Fordham counsel for ex-offenders who have Law School. Judge Kaye is pic- been denied licenses as a result of National H.I.R.E. Network (Helping Individuals with criminal records tured signing a copy of the adjudicated criminal histories pre- book for Sophia J Gianacoplos, Reenter through Employment) and dating the employment license appli- NYCLA Executive Director cation. Acknowledging the the Women’s Prison Association. (in the middle) and Catherine program’s importance, NYCLA According to Mr. Bull, “Project A. Christian, NYCLA President. The book featuring original biographies of 106 chief President Catherine A. Christian Restore establishes NYCLA as a sig- is an important reference work that pro- and associate judges, essential facts, expert declared, “When I became President, nificant partner in the re-entry net- vides a comprehensive, authoritative guide analysis and illuminating interpretation. I made a commitment to expand work.” NYCLA’s pro bono programs. This A three-hour training session for innovative program, along with Project Restore will take place on Manhattan CLARO, [Civil Legal Tuesday, February 26 from 6:00-9:00 Advice and Resource Office], which PM at the NYCLA Home of Law. will assist the growing number of pro Remember that you must be a se litigants facing consumer debt member of NYCLA in order to par- problems, will maintain NYCLA’s ticipate. Please contact Lois Davis, leadership role in advocating for Director of Pro Bono Programs, at access to justice for all.” [email protected], for more informa- The chair of NYCLA’s Pro Bono tion or to register. Project Restore is Committee, Lisa Cleary, added, “I am slated to begin in March 2008. extremely pleased that NYCLA will further its mission of expanding Manhattan CLARO access to justice. In doing so, Manhattan CLARO (Civil Legal NYCLA will continue to serve our Advice and Resource Office) is an under-represented populations and innovative, advice-only, volunteer provide much needed pro bono legal lawyer program for pro se defen- services to ex-offenders seeking dants with Civil Court cases in New gainful employment and to those bur- York County. The program, which dened by consumer debt issues.” was created in partnership with Project Restore was conceived by Fordham Law School’s Lincoln Collin D. Bull, former attorney-in- Square Legal Services, Fordham Law charge at the Harlem office of The School’s Feerick Center for Social Legal Aid Society, former prosecutor Justice and Dispute Resolution, and in the Queens District Attorney’s City Bar’s Civil Court Committee, Office and now a solo practitioner, will assist low- and moderate-income who chairs the Association’s Civil New Yorkers on a host of consumer Rights Committee. Mr. Bull con- law issues, particularly consumer ducted extensive research, which debt. included his committee’s sponsorship This partnership is an expansion of of a public hearing in July with three an existing program launched two New York State Assembly years ago in Kings County by April Committees to examine barriers to A. Newbauer of The Legal Aid employment opportunities and Society and chair of City Bar’s Civil affordable housing for formerly Court Committee, together with incarcerated individuals. He con- Brooklyn Law School and the cluded, “Perpetual punishment of Brooklyn Bar Association Volunteer people who have paid their debt to Lawyer Project. society is a civil rights issue.” Following a three-hour training ses- sion for volunteer lawyers, which took Project Restore’s Mission place in mid January, Manhattan The absence of gainful employ- CLARO is set to launch in February ment is recidivism’s most apparent 2008. proximate cause. Currently, it is esti- mated that 89 percent of recidivists April A. Newbauer, attorney-in-charge, serves on the Committee to Promote Heights on child care concerns. Ms. are unemployed at re-arrest. Since an The Legal Aid Society, and chair, Public Trust and Confidence in the Galacatos also served as staff director employment license can provide City Bar’s Civil Court Committee Legal System. to the New York City Family access for an ex-offender to the labor An associate in private practice and Homelessness Special Master Panel. market, Project Restore volunteers clinical law instructor at NYU Law Ms. Galacatos stresses the critical will provide pro bono counsel to ex- School before joining The Legal Aid Dora Galacatos, member, need for additional legal resources for offenders seeking licenses. For many Society in 1991, April Newbauer has NYCLA’s Pro Bono Committee pro se debtor-defendants in Civil clients, the NYCLA volunteer will be mentored hundreds of junior attorneys Dora Galacatos, senior counsel at Court, including expanded legal ser- their first advocate for something and law students and taught CLE Fordham Law School’s Feerick Center vices. She advocates further fact significantly positive. courses in civil practice and housing. for Social Justice and member of finding to better document trends and Jobs requiring licenses include: Ms. Newbauer also litigates complex NYCLA’s Justice Center, is a member practices in the debt collection barbers, cosmetologists, security cases in the areas of nursing home of the Association’s Pro Bono industry. With regard to the guards, teachers, physician’s assis- rights and housing. Committee. She has prior experience in Manhattan CLARO Project, Ms. tants, realty agents, pet groomers, Among her numerous affiliations is the public sector, having worked at the Galacatos notes that “volunteer telemarketers, nurses, plumbers, one with the Access to Justice Initiative New York City Department of Juvenile lawyers can play a critical role in insurance adjusters and pawnbro- of the New York State court system, Justice and Mayor’s Office of Drug helping unrepresented debtor-defen- kers. In addition to licenses, these whose mission is to make the courts Abuse Policy. Ms. Galacatos also has dants deal with the unlevel playing jobs require registration or certifica- user friendly. She is active in training experience in the non-profit sector and field they face in Civil Court by tion, and a background check by communities about the legal system, legal services. As part of a Skadden explaining the legal process, con- both the New York State Division of having led trainings for senior citizens Fellowship, Ms. Galacatos worked at sumers’ and debtors’ federal and state Criminal Justice Services and the in conjunction with the Attorney Northern Manhattan Improvement legal protections and giving advice on Federal Bureau of Investigation. General’s office. Ms. Newbauer also Corporation (NMIC) in Washington how to deal with their case.” Organizations that will refer their 10 January/February 2008 / New York County Lawyer NYCLA’s 93rd Annual Dinner celebrates 160th Anniversary of the New York Court of Appeals

Bar presidents (from left to right): Barry Kamins, New York City Bar; Rose Ann C. The women members of the New York Court of Appeals (from left to right): Hon. Branda, Brooklyn Bar Association; Catherine A. Christian, NYCLA; and Maria T. Carmen Beauchamp Ciparick, Hon. Susan P. Read, Hon. Victoria A. Graffeo and Chief Cortese, Women’s Bar Association of the State of New York Judge Judith S. Kaye

From left to right: Hon. George Bundy Smith, former Associate Judge of the New From left to right: Hon. Stephen G. Crane, Associate Justice, Appellate Division, York Court of Appeals; Hon. Robert S. Smith, New York Court of Appeals; Catherine Second Department; Raymond Dowd; Hon. Loretta A. Preska, U.S. District Court, A. Christian, NYCLA President; Mrs. Bundy Smith; and Hon. Theodore T. Jones, New Southern District of New York; and John J. Kenney, former NYCLA president York Court of Appeals

Hon. Charles L. Brieant, U.S. District Court, Southern Hon. Betty Weinberg Ellerin (at left), former Presiding Catherine A. Christian, NYCLA President, presents the District of New York, presented the William Nelson Justice, Appellate Division, First Department, and Boris Kostelanetz President’s Medal to Hon. Harold Baer Cromwell Award to Hon. Shira A. Scheindlin, U.S. Rosalind S. Fink (on the right), former NYCLA president Jr., U.S. District Court, Southern District of New York. District Court, Southern District of New York.

From left to right: Hon. George Bundy Smith, former Associate Judge of the New York Court of Appeals; Hon. Carmen Beauchamp Ciparick, New York Court of From left to right: Hon. Richard C. Wesley, U.S. Court of Appeals; and Chief Judge Judith S. Kaye admire the Appeals for the Second Circuit and former Associate sculpture of Lady Justice, which was presented to the Judge of the New York Court of Appeals; Hon. Shira A. From left to right: Robert L. Haig, former NYCLA New York Court of Appeals in recognition of its 160th Scheindlin, U.S. District Court, Southern District of New President; Catherine A. Christian, NYCLA President; anniversary. York; and Robert L. Haig, Annual Dinner Chair Eugene P. Souther, former NYCLA President January/February 2008 / New York County Lawyer 11

Black History Month at NYCLA: celebrating diversity in our past and present by Nicole Pierski ings of local courts. challenges and discrimination African group with protected rights. The man in That strategy was later used by others Americans struggled against. question had fired a homosexual employee, One of the ways that NYCLA is hon- in the labor-organizing and post-war From 1905 to 1922, Mr. Smith served as and it is alleged that the firing was based on oring Black History Month is by profiling civil rights movements. In addition, the counsel to Marcus Garvey, head of the his religious beliefs about homosexuality. four prominent African-American mem- Black Elks provided assistance in Universal Negro Improvement Association, In Davidoff v. Davidoff (2006), Justice bers of the Association. forming organizations like the based in New York. Edmead dismissed a lawsuit in a case Brotherhood of Sleeping Car Porters Mr. Smith was a member of the involving alleged website tampering. D. Macon Webster and Maids, which held its inaugural Committee for the Improvement of Justice Edmead is a member of the In 1908, D. Macon Webster became a meeting at Harlem’s Elk Lodge in 1925. Industrial Conditions Among Negroes in American Bar Association, New York charter member of NYCLA and the New Mr. Webster was a graduate of Howard New York, which in 1920 became the State Bar Association, NYCLA, where York Numismatic Club. Mr. Webster cor- University School of Law. National Urban League, the largest com- she serves on the Federal and Supreme responded with W.E.B. DuBois and was munity-based organization of its kind in Court Committees, New York City Bar, an influential if little-known activist in Wilford Horace Smith the U.S. He was a graduate of Boston Association of Small Claims Arbitrators, the struggle for civil rights. In the early Wilford Horace Smith, another charter University School of Law. Network of Bar Leaders, National 1910s, Mr. Webster was the only non- member of NYCLA, was, according to Association of Women Judges, white member of the NAACP’s coordi- NYCLA’s upcoming Centennial history Hon. Carol Robinson Edmead Metropolitan Black Bar Association, New nating committee. In addition, he spoke book, Brethren and Sisters of the Bar: A Hon. Carol Robinson Edmead, Justice, York State Women’s Bar Association and to the Citizens’ Protection League Centennial History of the New York Supreme Court, First Judicial District, pre- Association of Black Women Attorneys. regarding racial discrimination and was County Lawyers’ Association, by Edwin viously served on the bench as a Civil She is also a fellow of the American Bar among those who publicly denounced David Robertson, the first African- Court judge from 1998 to 2002. Prior to her Foundation. Justice Edmead is a graduate Thomas F. Dixon Jr.’s The Clansmen,a American lawyer to win a case before the election to the bench, of Brooklyn Law School. book romanticizing the Ku Klux Klan U.S. Supreme Court. Smith was counsel Justice Edmead was an that was later turned into a well-known for the defendant in Carter v. Texas, 177 assistant corporation Hon. William J. Davis film, Birth of a Nation. U.S. 442 (1900), when the Supreme Court counsel with the City of Hon. William J. Davis, Justice, In the courtroom, Mr. Webster fought condemned the indictment of a black New York, an associate at Supreme Court, First Judicial District, for civil rights by working as part of the criminal defendant by a Texas grand jury Proskauer Rose and then has sat on the bench as an legal team that established the right of from which blacks were systematically at Townley & Updike, and elected justice since 1987. the Black Elks to use the term “Elk” in excluded. Mr. Smith practiced constitu- counsel and senior liti- Previously, he served as a their name, which the White Elks had tional and criminal law in the South, as gator for the Federal Hon. Carol supervising judge, New contested in a series of legal battles. Even well as in New York. He was Booker T. Deposit Insurance Robinson York County Criminal the right to freely form and name associ- Washington’s personal friend and Corporation’s New York Edmead Court. Before his election ations in this manner was a challenge attorney and represented him when he Legal Services Office, as to the bench, Justice during this period as African Americans was assaulted in 1911 by a white man. Mr. well as counsel at Nixon Peabody. Davis served as the assis- were banned from white lodges and Smith, along with NYCLA founder During her tenure on the bench, Justice tant regional adminis- Hon. William social organizations and banned from Edward Cruikshank, proved that Mr. Edmead has ruled on a variety of cases, trator for community J. Davis creating similarly named organizations. Washington had not instigated the attack. including one in which she ruled that a U.S. development for the U.S. Mr. Webster was one of five African Mr. Smith and Booker T. Washington, citizen may be required to divulge his or Department of Housing and Urban Americans on the legal team that helped along with W.E.B. DuBois and Lawrence her religious beliefs in court if those reli- Development from 1968 to 1981. Prior to devise a strategy that used federal court Dunbar, contributed essays to the 1903 book, gious beliefs form the basis of discrimina- rulings to trump the discriminatory rul- The Negro Problem, which documented the tion against a person who is a member of a See BLACK HISTORY, Page 15 In honor of Black History Month: Patricia L. Gatling to receive Ida B. Wells-Barnett Justice Award

In honor of Black History Month and as at the Dubai Police Academy’s In addition to participating in com- casing those who had an impact on the part of its Centennial year celebration, International Conference in the munity outreach programs, Ms. industry in 2006. In 2007, The Network NYCLA will present Patricia L. Gatling, United Arab Emirates. Gatling is a widely respected Journal ranked Ms. Gatling among the “25 Commissioner and Chair of the New York Previously, Ms. Gatling served speaker. She has lectured at the Most Influential Black Women in Business” City Commission on Human Rights, with on the New York City Charter United Nations’ African Mothers and the National Organization of Black the sixth annual Ida B.Wells-Barnett Justice Revision Commission and Association Conference, the Law Enforcement Executives named Ms. Award on Tuesday, February 12. The award was the First Assistant District University of Iowa College of Law, Gatling “Humanitarian of the Year.” ceremony will take place at the NYCLA Attorney at the Kings County American Women’s Economic Ms. Gatling is a member of the New Home of Law beginning at 6:00 PM and is District Attorney’s Office in Patricia L. Development Corporation, York City Bar, the Committee on co-sponsored by the Metropolitan Black charge of the Major Narcotics Gatling National Association of Black Recruitment and Retention of Lawyers Bar Association. The award is named in Investigations Bureau, the Narcotics Agents and Practising and the National Black Prosecutors honor of Ida B. Wells-Barnett, an African- Community Relations Bureau, legal Law Institute, and delivered the John Jay Association. She is admitted to practice in American civil rights advocate who hiring, interagency training and intergov- College Lloyd G. Sealy lecture, among the U.S. Supreme Court, the U.S. Court of adamantly fought against segregation and ernmental affairs. others. She has been featured in numerous Appeals for the Federal Circuit and the in support of women’s rights. Ms. Gatling attributes her interest in law to publications, including Black Enterprise, U.S. District Court, Eastern District of growing up in the South during the civil rights Emerge, Black Elegance, Essence, Aramica New York and the State of New York. Patricia L. Gatling movement. She received a B.A. in and major newspapers, such as The New Ms. Gatling has received many awards Patricia L. Gatling, Commissioner and International Studies from Johns Hopkins York Times, Daily News and New York throughout her career, including honors from Chair of the New York City Commission University and a J.D. from the University of Post. Ms. Gatling has been a guest on the John Jay College of Criminal Justice, 100 on Human Rights, is in charge of enforcing Maryland School of Law. She also attended Oprah Winfrey show and Court TV and Blacks in Law Enforcement, the Association the Human Rights Law and combating dis- New York University in Paris, France. Ms. featured in two A&E documentaries, “The of Black Women Attorneys, Women in Islam crimination in New York City. She has Gatling is the former president of the Prosecutors” and “Second Chance.” She and the Drug Enforcement Administration. worked as a senior trainer in the U.S. State National Black Prosecutors Association. She has appeared on NBC, UPN-9, CBS and She received the Black Law Student Department’s International Law served as a special assistant attorney general New York 1 for her work at the Association’s Alumnus of the Year Award Enforcement Academy under the auspices at the Office to Investigate the New York City Commission. Ms. Gatling led a successful and the Benjamin L. Cardin Public Service of the John Jay College of Criminal Justice, Criminal Justice System from 1987 to 1990, campaign to remedy the lack of diversity in Award, both from the University of teaching “Human Dignity and the Law” in prosecuting corruption cases of public offi- the advertising industry and was subse- Maryland School of Law. Recently, Ms. newly emerging democratic countries, such cials and police brutality and death-in-custody quently ranked #4 of the “10 Who Made as Botswana, Thailand and Hungary, and cases of police and corrections officers. Their Mark,” a list in Advertising Age show- See IDA B. WELLS-BARNETT, Page 15 12 January/February 2008 / New York County Lawyer

(Thomson West). 2007. But Can It Be Fixed?: A Look at Modern Securities Transfers, 3rd Edition Constitutional Challenges to Lethal (Thomson West). 2007. Injection Executions, Santa Clara Law Moy’s Walker on Patents, 4th edition Review, vol. 47 no.3 (2007). (Thomson West). 2007-2008. LIBRARY NOTES New York Condominium and Each One Teach One, Goal IX: To Cooperative Law, 2nd Edition (Thomson Promote Full and Equal Participation in West). 2007 supplement. the Legal Profession of Minorities, vol. 13 New York Practice Guide: Domestic no. 3 (October 2007). Relations (Thomson West). 2007-2008 pocket part. Ethical Issue in Transnational Legal by Anna Smallen with introductory material followed by the Revocable Trusts, 5th edition (Thomson Practice: The U.S. Lawyer Goes Abroad, The steps in the motion to disqualify and how West). 2007-2008. Bar Examiner, vol. 76 no. 3 (August 2007). Featured Internet Site: www.bailii.org - state and federal courts and special pro- Section 1983 Litigation in State Courts British and Irish Legal Information ceedings treat the motion. The historical (Thomson West). 2007-2008 pocket part. Fourth Amendment Lessons from the Institute evolution of the right, bias, experience, per- Sex-Based Employment Discrimination Highway and the Subway: A Principled This site has case and statutory law for the sonal relationships, prior knowledge, judi- (Thomson West). 2007-2008 supplement. Approach to Suspicionless Searches, United Kingdom, Wales, Scotland, cial conduct and ex parte communications Stein on Personal Injury Damages, 3rd Rutgers Law Journal, vol. 38 no. 3 Northern Ireland and Europe. The mate- are analyzed. The ABA Model Code of Edition (Thomson West). 2007 supple- (Spring 2007). rial can be browsed or searched across the Judicial Conduct, selected federal and ment. databases. Basic searching for cases, legis- state disqualification provisions and The Law of Seamen, 5th edition In the Face of Gentrification: Case lation and other materials, as well as United States Supreme Court refusal (Thomson West). 2007 supplement. Studies of Local Efforts to Mitigate advanced searching using terms and con- policy are included in appendices. The New Wigmore (Aspen Publishers). Displacement, Journal of Affordable nectors, are provided.The European Court 2008 Cumulative Supplement. Housing & Community Development of Justice and the Court of Justice of the New Updates Uncharged Misconduct Evidence, Law, vol. 16 no. 3 (Spring 2007). European Communities, as well as legisla- Commercial Litigation in New York (Thomson West). 2007-2008 supplement. tion, decisions and other materials from State Courts, 2nd edition (Thomson Roper v. Simmons: Supreme Court Case Periodicals Provides Great Introduction to Basic the United Kingdom Territories and West) 2006 Year in Review: Analysis of Dependencies and former colonies 2007-2008 supplement. Legal Principles, Journal of Legal Studies Significant Federal Circuit Government in Business, vol. 12 (2005-2006). including Australasia, Canada, New Connecticut Criminal Jury Instructions, Contracts Decisions, Public Contract Law Zealand and Hong Kong, can be searched 4th edition (Connecticut Practice; vol. 5, Journal, vol. 36 no. 4 (Summer 2007). separately. In addition, there is an Open 5A) (Thomson West). 2007. Special Focus Issue: European Law Law Project that offers speedy access to Connecticut Estate and Probate Law Update, International Law News, vol. 36 Attorney Malpractice in Real Estate no. 4 (Fall 2007). judgments by broad subject categories. (Thomson West). 2007 pamphlet. Transactions: Is Title Insurance the Cases are added within a few hours of Copyright Registration Practice, 2nd edi- Answer? Real Property, Probate and Trust Thirty Years of Franchising, Franchise receipt but are not given headnotes or cita- tion (Thomson West). Release no. 16 Journal, vol. 42 no. 2 (Summer 2007). tion references. (October 2007). Law Journal, vol. 27 no. 2 (Fall 2007). Dollar Verdicts Personal Injury Avoiding Implicit Acceptance of Bigotry: Using the Primary Jurisdiction Doctrine New Edition (Thomson West). 2007 supplement. an Argument for Standardized Testing of Criminal Procedure in New York, 2nd Employment Coordinator (Thomson in Insurance Litigation, American Bar Home-Schooled Children, Cornell Law Association, vol. 36 no. 4 (Summer 2007). edition (Thomson West). West). 2007 Review, vol. 92 no. 6 (September 2007). Entertainment Law (Thomson West). New Titles 2007 Ms. Smallen is a Reference Librarian at the Battling Big Pharma, Trial, vol. 43 no. 9 New York County Lawyers’ Association. Lawyer Disqualification: Conflicts of Environmental Law and Regulation in (September 2007). Interest and Other Bases, by Richard E. New York (Thomson West). 2007-2008 Flamm, member of the California bar and pocket part. former chairman of the San Francisco and Evidence in New York State and Federal Alameda Bar Association’s Legal Ethics Courts (Thomson West). 2007-2008 pocket Committees. The book is an analysis of part. hundreds of cases on the subject and Family Estate Planning Guide, 4th edition begins with a discussion of ethical rules (Thomason West), and the authority to disqualify. Mr. Flamm Harris 5th Edition New York Estates: describes the grounds for disqualification Estate Planning and Taxation, 5th edition and various conflicts of interest. The (Thomson West). 2007-2008 pocket part. attorney-client relationship, motion to dis- Harris 5th Edition New York Estates: qualify and defenses to the motion, Probate, Administration and Litigation including implied waiver and informed (Thomson West). 2007-2008 pocket part. consent, are addressed. Special situations, Immigration Law and Business (Thomson such as bankruptcy and grand jury criminal West). 2007. proceedings, follow. The book concludes Interpreter Releases (Thomson West). with a section on appellate review. The 2007. case table and index are comprehensive. Legal Guide to Human Resources The book was supplemented with a pam- (Thomson West). 2007. phlet in 2007 Legal handbook for Architects, Engineers and Contractors (Thomson West). 2007. Judicial Disqualification: Recusal and Mechanics’ Liens in New York, 2nd edi- Disqualification of Judges, 2nd edition, tion (Thomson West). 2007-2008 pocket by Richard E. Flamm, is arranged similarly part. to his volume on lawyer disqualification, Medical Trial Technique Quarterly Lunch-in-Chambers program

The Young Lawyers’ Section is 10-15 attorneys, advance reserva- pleased to announce the next tions are required. meeting of its popular “Lunch-in- Hon. Richard B. Lowe will Chambers” program. This is a host the next program in the unique opportunity to meet and series on Monday, February 4, dine with a State Supreme Court 2008 at 60 Centre Street in Room Justice. Participants bring their 218, from 12:45-2:00 PM. Those lunch to the judge’s chambers for interested in participating must an informal discussion on a first contact Jeffrey M. Kimmel, variety of topics, including: civil co-chair of the Young Lawyers’ procedure, courtroom etiquette Section, at [email protected] and the judge’s journey to the or at 212-267-1950. bench. Since space is limited to January/February 2008 / New York County Lawyer 13 NYCLA EVENTS Networking Program NYCLA committees NYCLA members enjoyed a free networking and sections host program at the Home of Law on November 26. Andrea Nierenberg (pictured) of the holiday party Nierenberg Group presented the program NYCLA members celebrated the holiday entitled “Enhancing Your Professional season on December 20 with a holiday Networking Skills.” Ms. Nierenberg is the party and Silent Auction at the Home of author of Nonstop Networking: How to Law, where artwork produced by mem- Improve Your Life, Luck and Career, Million bers of the NYCLA Art Committee, chaired Dollar Networking: The Sure Guide to Find, by Monique J. Mulcare, was auctioned for Grow and Keep Your Business and her the benefit of the NYCLA Foundation. recently published book, Savvy Networking: Among those in attendance were Martin 118 Tips for Business Success. Novar (at left) and Jay Hollander (on the right). According to James B. Kobak Jr., NYCLA Vice President and President of the Bankruptcy Law Committee hosts NYCLA Foundation, “The party was a success on all counts. Several new people joined NYCLA, some much-appreciated funds were raised for the Foundation, the reception for Hon. Martin Glenn artwork of our talented members that we got to see was fascinating and, judging NYCLA’s Bankruptcy Law from my observation and my own experience, NYCLA members had a lot of fun.” Committee hosted a reception for Hon. Martin Glenn (third from left), United States Bankruptcy Judge for the ELECTION 2008 Southern District of New Election Law Committee hosts book party York, on November 27. On December 3, the Election Law Committee hosted a Among those in attendance book party at the NYCLA Home of Law for Jerry were (from left to right): Todd Goldfeder (at left), Special Counsel to the New York E. Duffy, committee co-chair; State Attorney General and author of the just pub- Catherine A. Christian, the lished Goldfeder’s Modern Election Law. Among the Association’s President; Judge elected officials, attorneys and Fordham Law School Glenn; and Bruce L. Weiner, alumni (Mr. Goldfeder is an adjunct professor at committee co-chair. Judge Fordham Law School) who attended the standing- Glenn was sworn in as a room-only event was Hon. Andrew Cuomo (on the United States Bankruptcy right), New York State Attorney General. The book is a Judge for the Southern user friendly and scholarly “must-have” for the bar and District of New York in bench, presenting the major election law issues in an November 2006. informative and provocative way. Hon. Alvin K. Cyberspace Law Committee to present Hellerstein speaks public forum on vote-counting technology at Federal Courts On Tuesday, February 12, the Cyberspace Law Committee is following up on the February 5 ‘Super Tuesday,’ when California, Illinois, New Jersey and New York Committee meeting hold their primaries, with a public forum, “Do the ‘Ayes’ Have It? An Update On December 16, the Federal Courts After Super Tuesday on Vote-Counting Technology and Election Integrity.” The Committee Chair Thomas V. Marino (at panelists are: Douglas Kellner, Co-Chair, New York State Board of Elections and left) welcomed Hon. Alvin K. former Commissioner of New York City Board of Elections; Dr. Rebecca Mercuri, Hellerstein (on the right), District Forensic Computing Expert Witness, Notable Software, Inc., election-related tes- Judge of the United States District timony includes Bush v. Gore and other recounts, Contributing Editor, Court, Southern District of New York, Communications, of the Association for Computing Machinery; Mark Crispin as the guest speaker at the com- Miller, Professor of Media, Culture and Communication at NYU and author of mittee’s monthly meeting. Among the The Bush Dyslexicon and Fooled Again: The Real Case for Electoral Reform; and topics Judge Hellerstein discussed were: his confirmation process and the proce- Professor Penny M. Venetis, Clinical Professor of Law and Co-Director of the dure whereby judges are nominated to the federal bench in New York, his role as a Constitutional Litigation Clinic at Rutgers School of Law-Newark, lead counsel judge and lawyers’ roles as members of a bar association in our nation’s legal for plaintiffs in Gusciora v. McGreevey, seeking to enjoin use of electronic system, and the World Trade Center litigations over which he presides. The judge voting machines that did not provide a verified voter paper ballot. Allan R. engaged in a lengthy dialogue, offering frank and candid remarks about the diffi- Pearlman, Esq. Appellate Attorney, Law Office of Allan R. Pearlman and program culties associated with adjudicating these actions. chair, will serve as moderator.

NEW YEAR’S RESOLUTION 1. Get involved in a meaningful pro bono pro- counted membership at Crunch, NYH&RC and ject. (Contact Lois Davis at [email protected].) Equinox. (Contact Cindy Fragliossi at 2. Participate on a committee or section. [email protected].) (Contact Andrew Segal at [email protected].) 3. Join a gym. (NYCLA offers substantially dis- NO MORE EXCUSES!

MUSICIANS FROM MARLBORO NYCLA members are invited to the 43rd Haydn – String Quartet in D Major, Opus season of Musicians from Marlboro at the 20, No. 4 Metropolitan Museum on Friday, March 21 at Carter’s Figment IV for Solo Viola (New 8:00 PM. Tickets under this offer are $25 York Premiere) (normally $40) and include free admission to Carter – Oboe Quartet the Museum. To take advantage of this dis- Schumann – Piano Quartet in E flat Major, counted ticket offer, please contact Tessa Opus 47 Chermiset at 212-581-5197, ext.12 or vcher- [email protected] and provide your Save the Date! The final concert this season NYCLA ID number. will be held on April 18. ETHICS HOTLINE January 16-31 February 1-14 February 16-28 March 1-15 Lewis Tesser Gordon Eng Philip Welner James B. Kobak Jr. 212-754-9000 212-909-6048 212-859-8274 212-837-6757 *Questions to the Hotline are limited to an inquiring attorney’s prospective conduct. The Hotline does not answer questions regarding past conduct, the conduct of other attorneys, questions that are being litigated or before a dis- ciplinary committee or ethics committee, or questions of law. This notation shall not be construed to contain all Hotline guidelines. For a full discussion of Ethics Hotline guidelines, please see “Guidelines on NYCLA’s Ethics Hotline, September 2006, New York County Lawyer, Vol. 2, No. 7. 14 January/February 2008 / New York County Lawyer Divorce, IRS style Résumé writing tips From Page 6 From Page 8 firm, then, within reason, you need to Normally, the IRS does not allow Mr. Block is a nationally recognized ● Read your résumé carefully, and think show that while you are a hard worker, people who file joint returns to change attorney and writer on taxes. He has been about the direction a prospective inter- you will be pleasant company and their filing status and switch to separate singled out as a “leading tax profes- viewer is likely to follow as a basis for someone with whom the interviewer will returns once the filing deadline of April 15 sional” by The New York Times. He is asking you substantive questions about enjoy working. Either later that day or, at (for most individuals) has passed. frequently quoted by such publications as the state of the law. Be current, concise the latest, the next calendar day, send a Revenue Ruling 76-255 deals with the Business Week, Money, The New York and fluent in those areas. follow-up thank you letter to anyone who rare circumstance in which joint filers can Times, U.S. News and World Report and ● Concentrate on hearing exactly what interviews you.You may want to include a switch to separate returns. This ruling The Wall Street Journal. He is well question is being asked during the inter- comment or two about something specific involved only a one-year marriage. known for his ability to translate compli- view. Frame your answers in order to you discussed. Nevertheless, the theory would presum- cated tax laws into plain English. He will respond quickly, directly and exclusively ably apply regardless of the marriage’s conduct a CLE on Marriage, Divorce and to the question. Strive to do that in a nat- Our final piece of advice: Be as active length. On the plus side, refunds may be Taxes: How to Advise Engaged, Married ural, somewhat relaxed, friendly yet pro- in as many committees and sections of bar available to couples whose marriages or Divorcing Couples to Trim Their fessional manner. Then stop talking and associations, especially the New York were annulled and who would have paid Taxes to the Legal Minimum on January wait for the next question. County Lawyers’ Association, as you can. reduced taxes as single persons. 31 at NYCLA from 6:00-9:00 PM. ● Follow the tonal cues of the inter- The cliché, “It’s not what you know, it’s viewer. If the interviewer, for example, who you know” didn’t get to be a cliché has an “all business” attitude, you should because we live in a pure meritocracy. be all business, too. NYCLA CLE LISTINGS If the interviewer is, for example, a young associate who is a afraid you will be hired Mr. Genn is House Counsel, Northside From Page 8 and then bore him or her to death while Center and Chair of NYCLA’s Real DOING WHAT COMES you are pulling “all nighters” together, at Property Section. Mr. Weiner is JANUARY NATURALLY: HOW PERSONALITY some point, that interviewer may be more Managing Partner, Rosenberg Musso & CAN INFLUENCE JOB personal with you. 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www.insurance4lawfirms.com January/February 2008 / New York County Lawyer 15 Ida B. Wells-Barnett Award Black History Month From Page 11 From Page 11 railroad for violating her civil rights. Ms. served on the Association’s Board of Gatling received the Metropolitan Black Bar Wells won her case in the local circuit court, that, he was the executive director of the Directors and Membership Committee. He is Association’s Public Service Award. In but the railroad company appealed to the Bronx Small Business Development also a member of the New York City Bar, September 2007, Ms. Gatling was a member Tennessee Supreme Court, which reversed Corporation, an attorney to the mayor’s where he served on the Committee on of Harvard University’s “Executive Session the lower court’s ruling in 1877. assistant for housing, and director of the Judicial Administration; the Executive on Human Rights Commissions and According to information on her web- Legal Bureau of the Mayor’s Office for Committee of the Supreme Court Board of Criminal Justice” symposium. site, “As injustices against former slaves Neighborhood Conservation. Justices; the New York State Bar Association; Past recipients of the Ida B. Wells- raged throughout the South and a reign of Justice Davis was a member of the New and the New York Bar Foundation. He is a Barnett Justice Award are: Cora T. Walker, terror began, Wells’ sense of indignation York State Supreme Court’s Task Force graduate of Brooklyn Law School. one of the first prominent African- and quest for justice was fueled. She on Mandatory Retirement of Judges from American women attorneys in New York decided to use her pen to expose the 1997 to 1999. Formerly, he was a member Ms. Pierski is the Communications State; Kay C. Murray, former General motives behind the violence. Lynching had of the Franklin H. Williams Judicial Assistant at the New York County Counsel of the New York City Department become one of the main tactics in the Commission on Minorities, which advises Lawyers’ Association. Additional infor- of Juvenile Justice; Elaine R. Jones, former strategy to terrorize blacks...She traveled and educates decision makers in the New mation for this article came from the President and General Counsel, NAACP through the United States and England, York court system on issues within the NYCLA Centennial book, Brethren Legal Defense and Educational Fund, Inc.; writing and speaking about lynching and court system that affect minorities. and Sisters of the Bar: A Centennial Congresswoman Eleanor Holmes Norton; the government’s refusal to intervene to At NYCLA, Justice Davis chairs the History of the New York County and Adelaide Sanford, Vice Chancellor of stop it. This so enraged her enemies that Public Service Awards Committee and is a Lawyers’ Association, by Edwin David the New York State Board of Regents. they burned her presses, and put a price on member of the Judicial Section. He formerly Robertson. her head, threatening her life if she Ida B. Wells-Barnett (1862-1931) returned to the South. She remained in Ida B. Wells, the daughter of slaves born exile for almost forty years.” She lived in in Holly Springs, Mississippi, went on to Chicago and in 1895, she married NYCLA Express to be discontinued become a teacher, newspaper editor, jour- Ferdinand L. Barnett, a fellow crusader and As of March 1, 2008, NYCLA Express, the legal information portal introduced in 2005, nalist, orator, suffragist and anti-lynching well-known attorney, as well as the founder will no longer be available to members on NYCLA’s website. If you are interested in crusader. In 1884, after she was forcibly of The Conservator newspaper. In 1930, she maintaining the service, log on to www.ceoexpress.com for pricing information. removed from her seat for refusing to move ran for the Illinois state legislature, one of to a “colored car” on the Chesapeake & the first black women ever to run for public Ohio Railroad, she filed suit against the office in the United States. NYCLA CLE LISTINGS House and Library Rules These Rules were approved by the Board of Directors of the New York County From Page 14 Member: $125 Lawyers’ Association at its regular meeting on September 10, 2007. Registration Fee (2/4 - 2/5): Non-member: $150 The New York County Lawyers’ Association is organized and shall be operated as a bar Member: $150 association exclusively for charitable and educational purposes with the primary object Non-member: $190 Friday, February 22 of promoting the public interest. 8:30 – 11:30 AM Thursday, February 7 BREAKFAST WITH NYCLA — Any person using the House of the Association shall comply with all By-Laws and 6:00 – 9:00 PM VIDEO REPLAY: EMERGING Rules of the Association. ANATOMY OF A DEPOSITION ETHICAL ISSUES FOR THE The “House of the Association” means the premises located at 14 Vesey Street, New 3 MCLE Credits: 3 Professional Practice; CORPORATE LAWYER York, New York. Transitional and Non-Transitional 3 MCLE Credits: 3 Ethics; Non- Early Registration (on or before 2/5): Transitional No member or other person while in the House of the Association shall engage in con- duct that disrupts, disturbs or in any way interferes with the Association’s normal oper- Member: $125 Early Registration (on or before 2/20): Member: $95 ations and service, with the Association staff’s performance of their duties, or with the Non-member: $165 use and enjoyment of the Association by other members or patrons. Without limiting the Non-member: $120 Registration Fee (2/6 - 2/7): generality of the foregoing, no one shall: Member: $150 Registration Fee (2/21 & 2/22): Non-member: $190 Member: $120 Engage in any noisy or boisterous activity. Non-member: $145 Play or set electronic and/or audio equipment at a volume that others can hear. Monday, February 11 6:00- 9:00 PM Tuesday, February 26 Behave in any other manner that can reasonably be expected to disturb others. ADVANCED CO-OP AND CONDO 6:00 – 9:00 PM Use cell phones in a manner that disturbs others. LAW AND PRACTICE ETHICAL BOUNDS OF 3 MCLE Credits: 1 Professional Practice; AGGRESSIVE LITIGATION Mutilate, deface, soil or destroy or use for any improper or illegal purpose any library or 1 Skills; 1 Ethics; Transitional and 3 MCLE Credits: 3 Ethics; Transitional Association property. Property includes furniture, books, publications, briefs, newspapers, Non-Transitional and Non-Transitional DVDs, audio cassettes, or other items in the library collection, and walls, machines, computer Early Registration (on or before 2/9): Early Registration (on or before 2/24): terminals and equipment and internet services and other library and Association property. Member: $125 Member: $125 Have personal hygiene that is objectionable to other members or staff such as strongly Non-member: $165 Non-member: $165 offensive body odor and/or the presence of bodily wastes on clothing or skin. Registration Fee (2/10- 2/11): Registration Fee (2/25- 2/26): Member: $150 Member: $150 No one shall use any part of the House of the Association as an office or place of business. Non-member: $190 Non-member: $190 Appropriate dress (including shoes) must be worn at all times. Wednesday, February 13 Wednesday, February 27 No member or other person in the House of the Association shall interfere with the 6:00 – 9:00 PM 6:00 – 9:00 PM proper discharge of duties by employees of the Association. HOW TO HANDLE A TV DEAL FROM ARREST TO A member or patron who is not complying with any of these rules may be asked to ARRAIGNMENT IN THE FEDERAL 3 MCLE Credits: 2 Professional Practice; leave the Association premises. CRIMINAL SYSTEM 1 Skills; Transitional and Non- 3 MCLE Credits: 2 Professional Practice; Transitional This policy is determined by the New York County Lawyers’ Association Board of Directors 1 Ethics; Transitional and Non- Early Registration (on or before 2/25): and is subject to periodic review and/or revision at the discretion of the Board. Transitional Member: $125 Early Registration (on or before 2/11): Non-member: $165 Member: $125 Registration Fee (2/26- 2/27): Non-member: $165 Member: $150 Join the Bar of the U.S. Supreme Court Registration Fee (2/12 - 2/13): Non-member: $190 Member: $150 NYCLA invites you to join the NYCLA Delegation on April 14, 2008 for admission to Non-member: $190 Thursday, February 28 the Bar of the U.S. Supreme Court. 6:00 – 8:00 PM CPLR UPDATE Submit your application packet to NYCLA by March 5, 2008. Applicants must have been Wednesday, February 20 admitted to a State Bar for at least three years in order to participate: 6:00 – 9:00 PM 2 MCLE Credits: 1 Professional Practice; VIDEO REPLAY: GETTING 1 Skills; Transitional and Non- 1. Obtain an application from Ruth Zipper by emailing her at [email protected]. STARTED IN ELDER LAW Transitional 2. Complete the application. 3 MCLE Credits: 2 Professional Practice; Early Registration (on or before 2/26): 3. Prepare a check for $200 payable to the U.S. Supreme Court. 1 Skills; Non-Transitional Member: $125 4. Obtain a certificate of good standing from the Appellate Division where admitted. Early Registration (on or before 2/18): Non-member: $165 5. Submit application, check and certificate to: Ruth Zipper, NYCLA, 14 Vesey Street, Member: $95 Registration Fee (2/27- 2/28): New York, NY 10007, by March 5, 2008. Non-member: $120 Member: $150 PLEASE NOTE: SPACE IS LIMITED TO 12 LAWYERS. Registration Fee (2/19 & 2/20): Non-member: $190 For additional information, call 212-267-6646, ext. 223.

January/February 2008 / New York County Lawyer 17 Speeches from NYCLA’s 93rd Annual Dinner REMARKS OF HON. JUDITH S. KAYE, CHIEF JUDGE OF THE STATE OF REMARKS OF CATHERINE A. CHRISTIAN, NEW YORK, AT NYCLA’S 93RD ANNUAL DINNER NYCLA PRESIDENT, AT NYCLA’S 93RD ANNUAL DINNER HONORING Standing before you in this magnificent setting on the in Albany this very week or next, and again our hopes are THE 160TH ANNIVERSARY OF THE NEW YORK COURT OF APPEALS 160th anniversary of the Court of Appeals of the State of high. Given the timing, my colleagues and I yesterday agreed WELCOME on the issue of judicial compensation. So have my fellow New York--and no one ever looked so good at age 160--as that--in addition to expressing our profound gratitude to you Thank you, Bob [Haig], not just for the introduction bar leaders, many of whom are here tonight. So has the Chief Judge I am brimming over with excitement, and grat- for all of your past efforts on our behalf and for honoring our but for the magnificent job you have done as this year‘s mayor of New York City, Michael Bloomberg, and most of itude, and pride. I am proud to share this dais with my Court Court this evening--I would be remiss not to implore you to dinner chair. Thank you all for being here this evening to the editorial boards throughout this state, including an edi- of Appeals colleagues-- exceptional men and women, every continue to speak out on the compensation issue because help us honor two outstanding federal district court torial in today’s New York Times. The failure to ade- single one of them--and with so many wonderful friends. I the fact is, there's something more fundamental than dollars judges, Hon. Harold Baer Jr. and Hon. Shira A. Scheindlin, quately compensate our judges is disrespectful and am proud to join in honoring our federal colleagues, Judges at stake here, something more fundamental to our govern- and to celebrate the 160th anniversary of the best highest deplorable and is a threat to judicial independence. Baer, Brieant and Scheindlin. And yes, I have to acknowl- ment and its independent, co-equal Third Branch. court in the nation – the New York Court of Appeals. From its inception almost 100 years ago, the New York edge among the "feds" my fabulous state court brother If indeed the judiciary of this State must be reduced to Tonight, we honor the New York Court of Appeals – a County Lawyers’ Association has recognized the impor- Judge Wesley, himself a distinguished contributor to a begging and pleading, denied any place at the negotiating Court that has produced some of the most famous jurists tant role bar associations play in seeing that we have an unique tribunal, the Court of Appeals of the State of New table, our fate tied to wholly irrelevant political linkages, and the greatest legal minds in our nation’s history. A independent judiciary. The first meeting of NYCLA was York for the Second Circuit. And thank you, Richard, for then the Bar of this State--our vital partner, the most pow- court that has produced some of the most significant deci- held on May 21, 1908. NYCLA’s first president, John those glowing words about our Court, in which I concur erful, sophisticated, resourceful, outstanding lawyers in the sions in American law. Dillon, in speaking of the dangers of individual liberty, most heartily. We miss you too. entire world--just now must help end this quagmire. This Remember first-year torts – Palsgraf – that decision stated, “If such attempts are or shall be made by popular On behalf of my colleagues, past and present, I express truly is about more than dollars. It's about valuing, and was decided by our New York Court of Appeals. conventions, by legislative or by executive sanction, an profound gratitude to County Lawyers--we feel so privileged respecting, and maintaining the dignity, integrity and superb Tonight, we honor a court that has been led for the independent judiciary backed by the organized voice of to be part of our State's highest Court, and to be honored by quality of our judiciary, about attracting and keeping the past 14 years by a woman of great intellect, great strength, the legal profession is our main if not only defense and a Bar Association we hold in such high regard. And con- very best on the bench, so that we may continue to celebrate elegance and grace – Chief Judge Judith Kaye. bulwark.” gratulations on your own centennial. great anniversaries of great courts. JUDICIAL COMPENSATION AND We know that judges have the important task of Thank you, President Catherine Christian, for this sin- What can we do? What should we do? The simple INDEPENDENCE checking the excesses of officials in the other branches of gular honor you bestow on our Court. Special thanks as well answer is that in these dwindling days of December, we must And now, if I may make a non-political statement: We government. To do that, judges must know that when they to former president Bob Haig for all of his meticulous atten- do absolutely everything we can think of to persuade our have three, co-equal branches of government in this state. make a difficult decision, their reputations will not be dis- tion, particularly for his concern about finding precisely the Executive and Legislative Branch leaders to act. Today, now, As we have recently seen, our most functional branch has paraged, nor will they be hounded from the bench by right commemorative gift for the Court. And I appreciate immediately, with the clock ticking loudly toward year-end been the judicial branch. offended partisans. We at NYCLA will continue to vigor- your soliciting my views on this. Actually, as I recall, I had and oblivion, our cause must be heard, and felt, and appreci- The New York County Lawyers’ Association has, from ously defend the independence of the judiciary and to suggested a pair of Jimmy Choo shoes, size 9 medium. I can ated, and acted on in Albany. its inception and for the past year, spoken out vociferously speak forcefully in defense of judges. tell you, that's something the Court of Appeals definitely To be sloughed off yet again--to January, or next does not already have. But I have to agree, you made the November after elections, or goodness knows when, a casu- better--indeed the perfect--choice. We will treasure our Lady alty of political winds that have nothing to do with us--is Justice forever, as we treasure this evening. simply intolerable for the New York judiciary. It's intolerable Having attended virtually all of the splendid, festive for the New York courts and the New York bar to be treated REMARKS OF HON. SHIRA A. SCHEINDLIN, year-end County Lawyers' galas during my decades as a in this fashion. And it's intolerable for the justice system we UNITED STATES DISTRICT JUDGE, SOUTHERN DISTRICT OF NEW lawyer and judge, I want to single out two such evenings. The all cherish and honor not just at one night's gala celebration, first that I remember like yesterday was 20 years ago, almost but always. Let us resolve right now that we will work YORK, RECIPIENT OF WILLIAM NELSON CROMWELL AWARD AT to the day--December 10, 1987--when I was the speaker. together to make another holiday miracle happen. NYCLA’S 93RD ANNUAL DINNER Subsequently, my speech was published in the Cornell Law * * * Review--a substantial text, with 46 footnotes. I titled those On this extraordinary night in the life of the Court of I am deeply honored to receive the William Nelson treasured independence of our judiciary – we are indeed a remarks "The Human Dimension in Appellate Judging." I Appeals, we have arranged a very special treat for dessert. I Cromwell Award from this Association, in whose activities light unto the nations. mention that talk - I'm not sure how many of you here would now like to call Judges Wesley and Rosenblatt to join I have enthusiastically participated for so many years. I Whenever given a “bully” pulpit, however, I cannot tonight managed to survive the evening--partly to congratu- me at the microphone. I've asked Judge Rosenblatt, one of am also grateful that the receipt of this award has allowed resist the opportunity to note that our independence is late you on your courage in once again handing me this my all-time favorite lyricists--in poetry and prose--to write a me to reflect on my many years of public service. nonetheless threatened by shamefully inadequate salaries microphone. And partly I want to thank you for the lesson. verse or two for us that would express to the New York While not always recognized or appreciated, an that may drive the best judges out of the judiciary or dis- Tonight's remarks I call "The Human Limitation in Listening County Lawyers’ Association and all of you the joy and grat- independent judiciary is our national treasure – the true suade the best lawyers from aspiring to become judges. to After-Dinner Speeches." This time I will be brief. itude of the Court of Appeals for this gala birthday celebra- jewel in our crown of a democratic society. I accept your This bar association and many others around the country Brief, but very, very passionate. Indeed, the second tion. We call ourselves "The Two and One-Half Tenors." award tonight on behalf of all of my colleagues on the have stood shoulder to shoulder with us in our battle to County Lawyers' year-end gala I want to mention was one state and federal bench, who are unparalleled in their maintain our independence – not just in demanding ade- that I missed--and that was last year's event here at the (Sung to the Music of "My Favorite Things") commitment to public service. Every day we are called quate salaries but also in defending judges who have suf- Waldorf-Astoria--when the Chief Administrative Judge and WE'RE FROM THE COURT ON THE STREET WITH AN EAGLE upon to make the most difficult decisions – who goes fered inappropriate attacks by the media or, worse yet, by I instead had to be in Albany because our State government NOTHING WE DO IS CONSIDERED ILLEGAL free and who is jailed, whose rights have been violated our elected leaders. leaders were reconvening to do business, and you know what LAWYERS BEFORE US ARE NEVER UNNERVED and how the victims of such violations can be compen- Finally, I thank each and every one of you for the business topped our list. Well, December came and went, IF THEIR CONTENTIONS ARE BRIEFED AND PRESERVED sated, who has been deceived or injured, and who has quality of your representation that allows judges to do without adoption of our judicial compensation proposal, suffered discrimination. Day by day we aim to do jus- their jobs well. My final reflection returns to the concept despite unanimous support. And then it didn't happen on ZONING AND TORTS AND SPECIFIC PERFORMANCE tice, to the best of our ability. of public service. My time spent off the bench teaching, April 1, with passage of the budget. But not to worry, we CLAUSES IN COMMERCE BOTH ACTIVES AND DORMANTS There are judges in some countries who cannot do jus- writing or reaching out to the community and explaining were told, surely it would be adopted in July. ARGUMENTS FASHIONED AND SHAPED AND REHEARSED tice without risking their jobs, or worse yet, their liberty or the rule of law has been just as rewarding as my time And wouldn't you know, after the July session, we ALL WE CAN SAY IS AFFIRMED OR REVERSED their lives. (Pakistan and Saudi Arabia come quickly to spent on the bench. I encourage all judges and lawyers to received congratulations that our proposal had indeed been mind!) We face no such peril here. And we are blessed keep in mind that as members of the legal profession – agreed upon in Albany--no problem. But then July mor- RES JUDICATA HAS CAUSED SOME CONFUSION with the finest legal system in the world, one where and I still believe it is a profession and not a business – we phed into October. Same old story. With each rebuff, our NOW WE ARE CALLING IT ISSUE PRECLUSION lawyers can advocate vigorously for their clients, without do well to remember that we have sworn to serve the spirits sagged, and judicial compensation increasingly RECORDS AND DOCUMENTS COVERED WITH SEALS risk or fear, often appointed by the court with little or no public as well as our clients. Thank you, once again, for became a consuming issue. THAT IS OUR LIFE ON THE COURT OF APPEALS compensation. When it comes to our legal system and the this wonderful award. Painful as it is for me to raise this issue at an evening ded- icated to our great Court of Appeals, it is now nine years FORCEFUL JUDGING! since the New York State judges have had any adjustment in NEVER FUDGING! compensation--nine years of a soaring cost of living, drop- CASES OF RENOWN REMARKS OF HON. HAROLD BAER JR., ping us to the bottom rung among state courts. I ask you: Is DESPITE ALL OUR PASSION, THE WHITE LIGHT IS FLASHIN' UNITED STATES DISTRICT JUDGE, SOUTHERN DISTRICT OF NEW YORK, this where you think the judiciary of the State of New York THE RED LIGHT IS ON, SIT DOWN! should be--at the bottom nationally--far behind our federal RECIPIENT OF THE BORIS KOSTELANETZ PRESIDENT’S MEDAL AT counterparts, whose own compensation is what has been WE'RE SO GRATEFUL NYCLA’S 93RD ANNUAL DINNER called a "crisis" level? We have become a national symbol YOU'RE SO FAITHFUL for a changed system of compensation--an independent com- THAT WE PRIZE THIS DAY I want to thank all of you for coming and all those at ered here tonight, I can’t help but sense a oneness with mission system that, for once and for all, will wrest our judi- WE TREASURE YOUR BOUNTY NYCLA who chose to award the Boris Kostelanetz my aspirations and my optimism for the future of the ciary from the jaws of politics. IN OLD NEW YORK COUNTY President’s Medal to me. organized bar. Now our State government leaders talk of reconvening WE LOVE N Y C...L A I am honored to receive this recognition and I am Finally, a word about my family. All during the ‘70s particularly pleased that it identifies me now and for- and ‘80s, while my daughters, Elizabeth and Linda, ever with Boris Kostelanetz, a great friend and mentor were growing up, they saw less of me than I wanted to me and to the New York County Lawyers’ and, presumably, less than they would have liked. Yet, Association. The medal signifies some hard work and they have matured into accomplished and loving DIRECTIONS TO NYCLA the great rewards that come from time and effort daughters. The responsible agent, the woman who pro- SUBSTANCE ABUSE devoted to bar association activity. vided whatever it took to keep us together then and For a time over the last 20 years or more, there was now is my beautiful, brilliant and supportive wife of HOTLINE NYCLA is located at 14 Vesey Street be- some fearfulness that the interest of lawyers and law over 50 years. Would all three of you stand and let the Attorneys, judges, law students and tween Broadway and Church, across the firms in the organized bar and what it offers its mem- audience see for themselves that I’m not kidding? street from St. Paul’s Chapel and around the bers was dwindling, but now, as I look around this room Thank you again for this honor. members of their immediate fami- at the more than 1,400 men and women that have gath- lies can get confidential help with corner from City Hall. alcohol or substance-abuse prob- By Subway: 2 and 3 to Park Place;A, C and lems 24 hours a day, seven days a E to Chambers Street; 4, 5 and M to Fulton week, by calling the toll-free hotline Street. 800-255-0569. By Bus: M103 to City Hall; M1 and M6 to Fulton Street SIDLEY AUSTIN LLP ATTORNEY POSITION DESIRED: Sidley Austin LLP (New York,NY) seeks Mid-level Associate/Corporate - Finance,with JD + Experienced Corporate/Transactional/Corporate Governance Lawyer 2 yrs.exp.Exp.must include,in at least one Latin American jurisdiction,1) Tax and foreign seeks position or affiliation exchange controls,2) Tax efficient cross-border transactions,3) Foreign exchange regulatory with law firm or corporation. compliance and 4) Cross-border mergers and acquisitions including privatizations.Send Please respond to resume to [email protected] with 12 in subject heading. [email protected] No calls.EOE 18 January/February 2008 / New York County Lawyer CLASSIFIEDS

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AKIN & SMITH, BROADWAY, 11 Wall Street Office, NY a downtown Manhattan law firm $99.00 per Month is seeking an associate. One large windowed office with water view. * Phone & Mail Service Candidates must be admitted 1 small office, and 1 cubicle. * Full Support Services in New York and are required * Conference Rooms (Hourly Rental) to have knowledge of Turkish law. Library, modern, new loft-like space * Furnished Offices * Beautiful Full Floor Corporate Setting Mail resume to with 2 conference rooms, * Stunning Attended Reception Area 305 Broadway file, pantry, copy/mail. Possible referrals. At 110 Wall Street/11th Floor Suite: 1101, (212)943-1111/(800)205-7685 www.sri-ny.com New York , NY 10007 Call 212-344-5180. [email protected] Serious personal injury, seriously pursued.

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

100 Jericho Quadrangle, Jericho, NY • 44 Wall Street, New York, NY Prior results cannot and do not guarantee or predict a similar outcome. Don’t Be Fooled By Those who Offer Less than Full Service Value!

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