June 2007 Visit us at www.nycla.org Volume 3 / Number 5

INSIDE

NYCLA ETHICS OPINIONS FROM NYCLA launches Centennial celebration at Annual Meeting: 1956 NOW AVAILABLE ON Officers and directors inducted WEBSITE - ETHICS OPINION The New York County Lawyers’ Association launched its Centennial cele- 737 ISSUED bration on May 24 at its Annual Meeting, with remarks by John D. Feerick, Professor, Sidney C. Norris Chair of Law 4 in Public Service, Fordham University School of Law, and Hon. Juanita Bing Newton, Deputy Chief Administrative Judge for Justice Initiatives, and AKE THE Administrative Judge, Criminal Court of T the City of New York. The five NYCLA NYCLA officers inducted are: Catherine A. Christian, Counsel for Special Projects, the EXPRESS SURVEY New York County District Attorney’s Office, Office of the Special Narcotics Prosecutor, as 55th President;Ann B. Lesk, a partner at Fried, Frank, Harris, Shriver & Among those celebrating the launch of NYCLA’s Centennial were (from left to right): Jacobson LLP,with a practice in trusts and Klaus Eppler, Chair, Centennial Committee; Edwin David Robertson, Immediate Past 4 estates, as President-Elect; James B. Kobak President; Catherine A. Christian, President; Hon. Juanita Bing Newton, Deputy Chief Jr., a partner at Hughes Hubbard & Reed Administrative Judge for Justice Initiatives, and Administrative Judge, Criminal Court of LLP, with a practice in antitrust and IP lit- the City of New York; and John D. Feerick, Professor, Sidney C. Norris Chair of Law in MESSAGE FROM igation and counseling, and President of Public Service, Fordham University School of Law. THE PRESIDENT the NYCLA Foundation, as Vice CATHERINE A. President; Louis Crespo, Special Referee, years old) and the second woman to be Services practice; Gail Donoghue, Special New York County Supreme Court, as inducted as president of the Association. Counsel to the Corporation Counsel of the CHRISTIAN Secretary; and Joel B. Harris, a partner at (Rosalind S. Fink was NYCLA’s first City of New York, and member of the Law DVOCATING Thacher Proffitt & Wood LLP,with a prac- woman president in 1997.) In addition to Department’s executive staff; Thomas G. A tice in complex commercial and interna- the officers, the following directors were Draper Jr., a member of Mazur, Carp & EQUALITY…CREATING tional litigation and arbitration, as elected: Stewart D. Aaron, a partner at Rubin, P.C., with a practice in estate plan- OPPORTUNITIES: Treasurer. [Biographies of NYCLA’s offi- Arnold & Porter LLP, with a practice in ning, probate and estate administration; cers are on page 10.] commercial litigation; Rhea Kemble Hon. Marcy S. Friedman, Justice, New VOLUNTEER LAWYERS Ms. Christian is the first African Dignam, a principal in Ernst & Young York State Supreme Court; David M. American, the youngest person (at 43 LLP’s Fraud Investigation & Dispute See OFFICERS, Page 10 5

ANNUAL REPORT 2006-2007 CRIMINAL JUSTICE EDWIN DAVID ROBERTSON, NYCLA PRESIDENT SECTION ANNOUNCES 2007 Our Bylaws impose upon your president the Governance Continuing Legal Education (CLE) Institute duty of rendering a report of the Association’s NYCLA has fully implemented, a year ahead Educating and Training Attorneys PUBLIC SERVICE activities at the Annual Meeting. Over the last of schedule, the Strategic Plan adopted by the The CLE Institute continued its tradition of year, I have read the reports of every one of my 53 Board in 2004. For 2008, the Board will review educating and training attorneys in law practice FELLOWSHIP ESSAY predecessors. As I read of their energy and enthu- and adopt a business plan to keep the Association management, ethics and professionalism, profes- siasm, I was humbled. But, as I look at your focused on strategic priorities for the building, sional practice and skills. Many new programs COMPETITION accomplishments during the last 12 months, I am operations and governance. My thanks to our were developed to meet the changing needs of excited and welcome the last task of this office. Executive Director Sophia Gianacoplos for her practitioners in the 21st century, such as Using 4 As you know, we start our Centennial in a few leadership in implementing the Strategic Plan and Technology Effectively in Your Law Practice, E- moments and it is appropriate to invoke a blast from for her continued effective management of the Discovery and the New Federal Rules of Civil the past at this particular instant. Until the 1930s, our Association, which has enabled it to achieve Procedure, and The New Attorney Advertising president’s report was rendered orally, together with another stellar year financially. Rules: Ethical Ramifications of the New Rules on CENTENNIAL reports from each committee. By the 1930s, the NYCLA continues to play a leadership role in the Practice of Law in New York. Our course PAGE Annual Meetings lasted until well after midnight as the development of a portfolio of key governance offerings ranged from those designed to keep successive chronicles of the year’s events were policies for non-profit boards, policies that serve as practitioners updated on changes in the law, to HON. CAROLINE related. Shortly after repeal of the 18th Amendment, models for bar associations around the state and programs that enhance professional skills, to these reports became written, as the custom of the country. The NYCLA Board adopted two new classes tailored for recent graduates, newly KLEIN SIMON - inviting other speakers became established and the policies this year—a record retention policy and a admitted attorneys or professionals seeking a PIONEER IN FIGHTING habit of a subsequent reception that could be more whistleblower policy. Additionally, the Task Force refresher on a particular area of the law. An DISCRIMINATION public became tradition. NYCLA’s role in repeal of on Corporate Governance, chaired by Ernest E. impressive and diverse faculty from the bench, the 18th Amendment is a story for which you must Badway, issued “Not-For-Profit Corporate Board bar, government and related disciplines, such as await publication of our Centennial history. But that Best Practices Report,” which identified best prac- accounting, medicine, economics and real estate, occasion for delay does not excuse me from the duty tices in light of the increasing scrutiny and regula- taught the programs, offering their expertise, 11 to tell you what has happened over the last year. tion of non-profit organizations. See ANNUAL REPORT, Page 8 ONLY ONE LAW SCHOOL IN AMERICA Shares Its Campus With A Federal Courthouse And A State Courthouse. Take a Look at Touro Law Now...

NEW BUILDING NEW CURRICULUM Touro College Jacob D. Fuchsberg Law Center, NEW LOCATION The Alfonse M. D’Amato U.S. Courthouse and The John P. Cohalan, Jr. State Courthouse

In January 2007, Touro Law Center moved to a new campus in Central Islip, adjacent to and working with both a state courthouse and a federal courthouse. With its unique location as part of the first planned “law campus” in the coun- try, Touro has become a catalyst for bringing judges, lawyers and law students together – merging the classroom and the courtroom.

Touro’s visionary approach to legal education includes a practice-oriented cur- riculum that teaches students the skills that employers seek and the profession demands. Touro students think critically about the lawyering process from the start of their education – and each year add progressively more sophisticated practice skills.

Completely wireless and interactive, this professional 185,000-square-foot law campus has state-of-the-art courtrooms and classrooms that serve as real-world legal laboratories. Students not only learn the law, they live it.

BRINGING LAW TO LIFE WWW.TOUROLAW.EDU TOURO LAW Touro College Jacob D. Fuchsberg Law Center 225 EASTVIEW DR., CENTRAL ISLIP, NY 11722 PHONE: 631-761-7000 June 2007 / New York County Lawyer 3

SHOPPING FOR GRADUATION GIFTS? USE YOUR NYCLA DISCOUNT SAVE THE DATE For more information on these and other great NYCLA discounts, visit www.nycla.org. Enter your member information and click on Benefits in the Thursday, October 25, 2007 - 6:00 PM Members Only section, then click on Leisure and Retail in the dropdown box, or call NYCLA Home of Law – 14 Vesey Street Katharine Wells at 212-267-6646, ext. 209 or email [email protected]. OKTOBERFEST Reception & Beer Tasting for New Associates

Support the Summer Minority Judicial Internship Program In March, the Minorities and the Law Committee held its fourth annual Silent Auction and first-ever Live Auction event, a fundraiser for the Summer Minority Judicial Internship Program, which provides law students of color with paid eight-week internships with state and federal judges. Coordinated by MarlinArt.com, the Live Auction featured works by Charles Bibbs, Leroy Campbell, Andrew Wyeth and Vincent Van Gogh and a wide selec- tion of genres, including African-American, legal themes, impressionist, abstract, sculpture, landscapes, Judaic and Christian themes, and sports memorabilia and collectibles. To help the Committee raise funds for the Program throughout the year, visit www.MarlinArt.com and register to shop online. Please make sure you enter code 63328 on the online registration form since a percentage of the amount of your purchase will Give the perfect gift to your favorite law student: be held in an account for NYCLA. membership in NYCLA The fifth annual Gala Auction will take place on Wednesday, March 5, 2008. ● Students can join committees, take advantage of great member benefits, use the New York County Lawyers’ Association Library, network and take free professional development courses. ● Law student membership can provide students with a competitive advantage as they prepare to enter the legal profession. ● Law Student membership is $25/year. Gift certificates are available. Invites you to a For more information, call Diana Kosanovich at 212-267-6646, ext. 213 or email [email protected]. MEET & GREET “Summer Break” Reception MEET AND GREET Welcoming New Members to the Home of Law 14 Vesey Street (between Broadway and Church Street) Wednesday, August 1 - 6:00 PM RSVP: Katharine Wells at [email protected].

On May 3, NYCLA hosted a Meet & Greet Cinco de Mayo Reception for new members at the Home of Law. Edwin David Robertson, NYCLA’s Immediate Past President, Hon. Louis TO NOMINATE A NYCLA MEMBER TO BE PROFILED Crespo, NYCLA Secretary, and Gilbert Ferrer, Co-Chair of the Immigration and Nationality Law Committee, made presentations. Among the guests were (Photo at left) Michael Gary EMAIL: [email protected] Hilf, Co-Chair of the Professional Discipline Committee, with new members Michael Tersigni CALL: Katharine Wells at 212-267-6646, ext. 209. and Victoria Reiss. In the photo on the right, Veronica Rozzo (left) and Sui Jim (right) enjoy margaritas with Martin Novar, Co-Chair of the Entertainment, Media, Intellectual Property OR complete below and FAX to: 212-406-9252 - Attn: Katharine and Sports Law Section. The next Meet & Greet “Summer Break” Reception will be held on I nominate “NYCLA member’s name” Wednesday,August 1. Your name Your email address SAVE THE DATE Public Forum TABLE OF CONTENTS Friday, July 13, 2007

Discuss the Recommendations and Working Group Reports from the October 2006 Annual Report…1 of the CLE Institute…7 New York County Lawyers’ Association Family Court Conference New York County Lawyers’ Association (NYCLA) Appellate Division Seeks Inventory Message From the President…5 14 Vesey Street Attorneys…6 NYCLA Congratulates Law School New York, New York Centennial Page…3 Member Graduates…13 9:00 a.m. – 4 p.m. Sponsored by NYCLA and Columbia Law School’s Child Advocacy Center CLE Programs…7 NYCLA Ethics Opinions…4 Morning Session: National Perspectives on the Recommendations CLE Tech Programs…9 NYCLA Express Survey…4 Afternoon Session: Town Hall Meeting on the Recommendations Criminal Justice Act Panel Seeks NYCLA Federal Courts Committee…6 A symposium issue of the Columbia Journal of Law and Social Problems containing the Attorneys…6 NYCLA Launches Centennial Family Court Conference recommendations, working group reports, commissioned articles and replies will be available for attendees prior to the forum. Criminal Justice Section’s Essay Celebration at Annual Meeting…1 Competition…4 Seating will be limited. To reserve a place, email [email protected]. Public Policy Developments…4 For more information, call Marilyn Flood 212-267-6646 ext. 222. Directions to NYCLA…17 Solo and Small-Firm Resources…7 Ethics Hotline…17 Substance Abuse Hotline…17 Library Notes…9 Supreme Court Committee Hosts SAVE THE DATE Meet the New Pro Bono Committee Law Day Luncheon…6 Wednesday, September 19, 2007 - 6:00 PM Chair, Lisa E. Cleary…10 Support the Summer Minority NYCLA Home of Law – 14 Vesey Street Member Benefits…3 Judicial Internship Program…3 Member Events…3 Theater Discounts for NYCLA PUBLIC SERVICE AWARDS RECEPTION Message From Bari Chase, Director Members…6 4 June 2007 / New York County Lawyer NYCLA Ethics Opinions from 1956 now available PUBLIC POLICY DEVELOPMENTS on website; Ethics Opinion 737 issued May 14, 2007 – New York, NY – NYCLA State Bar Association’s Committee on NYCLA’s Ethics Opinions dating back to 1956 are now available for download on NYCLA’s issues three reports prepared by its Task Standards of Attorney Conduct on the pro- website by logging on to www.nycla.org and clicking on Library and then on Ethics Opinions. Force on the Housing Court: Report on posed New York Rules of Professional In addition, the Professional Ethics Committee has issued Ethics Opinion 737, which deals Right to Counsel in Housing Court, Report Conduct dealing with conflicts of interest. with a non-government lawyer’s use of an investigator who employs dissemblance. on Resources in the Housing Court, and Report on Protocols for Judges in the May 14, 2007 – New York, NY – NYCLA Settlement and Trial of Cases Involving issues a report, titled “Proposed New Uniform NYCLA EXPRESS S URVEY Unrepresented Litigants in Housing Court. Court Rule Safeguarding Funds and Property The Task Force was an outgrowth of a major Held by Attorneys Suspended, Disbarred or conference NYCLA sponsored in 2004, “The Resigned Pursuant to Court Rules Governing Dear NYCLA Member, New York City Housing Court in the 21st Discipline of Attorneys,” prepared by the Century: Can It Better Address the Professional Discipline Committee. NYCLA is interested in your thoughts and ideas for our members-only website, Problems Before It?.” NYCLA Express. The survey can be completed by logging on to NYCLA’s home- To read reports, amicus briefs, letters and May 14, 2007 – New York, NY – NYCLA other documents related to NYCLA’s public page – www.nycla.org – or by printing the survey out and mailing it to NYCLA. submits comments prepared by the Task policy initiatives, log on to www.nycla.org and We’re committed to working with our members to improve our services to you.This Force on Ethics Reform to the New York click on News & Publications. survey will take you about three minutes to complete. NYCLA Express is a customizable, one-stop law portal designed specifically to meet the needs of the busy, practicing NYCLA member. The goal of NYCLA Express is to be the best “executive assistant” imaginable by filtering and organizing all of the available relevant resources on the Internet – both general ones and those organized by legal practice areas. Survey results will help us learn from you what resources you have found that are essential to your practice and what we can do to May 22, 2007 make NYCLA Express a tool that you want to use, and one that is always improving. Dear Member: All responses will be completely confidential. Thank you again – we know your The New York County Lawyers’ Association’s (NYCLA) Criminal Justice Section is time is valuable and sincerely appreciate your sharing your ideas with us. Please proud to again sponsor the Public Service Fellowship Essay Contest complete the survey either online or by printing out the survey below by JUNE 21, NYCLA will award two newly admitted, public sector attorneys, who are practicing in the criminal justice field and have significant educational debt, a financial stipend based 2007 and send it to: NYCLA Express Survey, NYCLA, 14 Vesey Street, New York, on an essay competition. Our topic this year is “The Criminal Justice System’s Collection NY 10007. of DNA: Where to Draw the Line?” Your tax-deductible contribution helps to remind our profession of society’s respon- Anita Aboulafia sibility to provide adequate funding for the criminal justice system. Please make checks Communications Director payable to NYCLA Foundation - Public Service Fellowship and mail: NYCLA New York County Lawyers’ Association Foundation, Criminal Justice Section Essay Contest, 14 Vesey Street, New York, New York 10007. If you are interested in discussing a naming opportunity, please call 1. Have you ever used NYCLA Real Estate Forms Marilyn Flood, Foundation Executive Director, at 212-267-6646, ext. 222. Express? (please circle one) Real Estate/Property Law The stipends help recognize the financial sacrifice our newest colleagues make by Yes Securities Law entering public service despite the overwhelming educational debt, and help educate our profession about the astounding obstacle new lawyers from all sectors face because No Taxation Law of educational debt. Not yet, but I plan to use it. The stipends will be awarded at a public ceremony on September 19th when NYCLA 6. In what area of law do you practice? honors all of those committed to public service.We hope you will join us the evening of 2. How often do you log into NYCLA September 19th at this free event and thank you for your continuing support. Express? (please circle one) Once a month 7. Is there any practice group we don’t Very truly yours, Once a week have that you would like to see added? Once a day Multiple times a day Never 8. Have you made NYCLA Express your homepage? (please circle one) 3. On a scale of 1 to 5, with 1 being the Yes lowest and 5 being the highest, how No Susan J.Walsh, Esq. important is it for you to have access to Not yet, but I plan to do so. NYCLA Express? (please circle one) 9. Have you ever used the NYCLA 1 2 3 4 5 Express user manual? (please circle one) 4. Typically, for what purpose do you Yes, I’ve found it helpful. The Criminal Justice Section of the log into NYCLA Express? No, I don’t have a need to use it. New York County Lawyers’ Association Announces (Circle all that apply.) Not yet, but I plan to use it. THE 2007 PUBLIC SERVICE FELLOWSHIP To visit a specific practice area No, I didn’t know there was a user For business purposes manual. ESSAY COMPETITION For personal purposes TOPIC Just to browse the site 10. What resource(s) would you like “THE CRIMINAL JUSTICE SYSTEM’S Other (explain) added to NYCLA Express? COLLECTION OF DNA: WHERE TO DRAW THE LINE”

5. Please rate your top three favorite Last year, New York expanded the collection of DNA from convicted criminals to encompass all felony convictions and many misdemeanors. The federal government practice areas, with the numbers next 11. How long is your typical visit? recently enacted a law requiring that DNA be collected from anyone arrested for a federal to the practice area. (please circle) (please circle one) offense or detained for immigration purposes, and bills proposed in Albany would similarly Bankruptcy Law Under a minute encompass everyone arrested for a state criminal offense. Banking Under 10 minutes On one hand, the existence of a state and national DNA databank has led to the solving Civil Litigation Under an hour of previously unsolved cases and the exoneration of wrongly convicted individuals. On the Corporate Law Over an hour other hand, some would argue that the continued expansion of DNA collection and use Criminal Law infringes upon the civil liberties of a free society. Where do you think the line should be Dispute Resolution drawn for the collection and use of DNA by the criminal justice system and why? Entertainment/IP Law Family Law Who: Newly admitted public sector attorneys (practicing up to seven years) in the field of criminal justice who carry more than $30,000 in educational debt are invited to compete. Immigration & Nationality Labor & Employment Law What: Write a three-page opinion essay on the above topic. No research or citations are Professional Ethics required. The essay will be judged on creativity, persuasive reasoning and quality of writing. How: Send the essay to “Criminal Justice Section Essay Competition,” c/o NYCLA, 14 Vesey Street, New York, NY 10007, with a cover letter indicating your year of graduation and post-law-school work history, explaining why you entered public service and outlining Member Benefit: SYMS discount the state of your educational debt. NYCLA members can apply for the SYMS Corporate Credit Card and save 10 percent When: * MUST BE POSTMARKED by August 10, 2007.* on every purchase made with the card. SYMS is the off-price representative for over 200 top designers and brand names in clothing and shoes for men, women and children. To Why: Win a cash stipend of at least $2,000 to alleviate educational debt. take advantage of this special offer, please call 1-800-568-5080 and apply for your SYMS Where: Celebrate the winners at the September 19, 2007 Public Service Awards Corporate Credit Card. Reception at NYCLA, 14 Vesey Street, New York, NY 10007. Questions? Email: Vincent Rivellese, Co-Chair, Criminal Justice Section, at [email protected] or Michael J.Yavinsky, Co-Chair, Criminal Justice Section, at [email protected] June 2007 / New York County Lawyer 5

A MESSAGE FROM THE PRESIDENT Catherine A. Christian New York County Lawyers’ Association 14 Vesey Street Advocating Equality... Creating Opportunities: New York, NY 10007-2992. Phone: (212) 267-6646 Volunteer Lawyers Fax: (212) 406-9252 Catherine A. If you want to lift yourself up, lift up lay guardians appointed in New York then the Director of Diversity, Pro Christian someone else. County who are responsible for the Bono and Community Relations at President – Booker T. Washington property management and/or per- the firm, and a team of associates and sonal needs of an incapacitated partners produced the Manual. The Sophia J I am very proud to be a lawyer. I have person who has low or no assets. Manual, coupled with teacher training Gianacoplos chosen a profession where every day I Volunteer attorneys provide basic seminars, citywide student confer- Executive Director have the privilege and opportunity to do counseling, assistance in obtaining the ences and career days, delivers cur- public service. I am equally proud to be commission and help in preparing the rent, accurate information about legal Mariana Hogan a member of the New York County initial and annual reports. The pro- issues of critical importance to the Lawyers’ Association (NYCLA). For gram is structured as an appointment- approximately 35,000 students Chair, Newsletter 100 years come next April, this only, consultation clinic. enrolled in law-related programs in Editorial Board Association has encouraged public ser- New York City high schools. On June vice through sponsorship of its own pro- Elder Law Project 1, the third in a series of all-day Marilyn J. Flood grams, as well as education and This project facilitates the prepara- training seminars on the NYC Youth Counsel to NYCLA advocacy. Indeed, part of the core mis- tion of basic estate planning docu- Law Manual took place at Pace Executive Director of sion of this “great democratic bar asso- ments (wills, living wills, health care University’s lower Manhattan ciation” has been an unfailing proxies and powers of attorney) for campus.The seminar brought together the NYCLA Foundation commitment to “ensure access to justice Manhattan residents over the age of 200 students in law-related education Anita Aboulafia for all” and “arrange for the provision 62 who lack the financial means to classes in the public high schools and by its members of free legal services for pay for these services. their teachers. Workshops were pre- Editor indigent, low income and other persons sented by NYCLA members in sev- Director of Communications in need.” In 2004, NYCLA adopted a Legal Counseling Project eral areas: civil rights, hate crimes, policy statement concerning pro bono (Pro Bono Clinic) immigration law, child abuse, the envi- Shara Siegel publico service – a comprehensive and Clinic volunteers provide coun- ronment and the criminal justice Communications Assistant expansive definition of pro bono that seling to clients three times a month system as it relates to young people. encompasses services rendered to low- on an appointment-only basis in the The project is guided by the NYCLA Shirley Bracken and middle-income persons, as well as areas of family, employment, con- Justice Center. Advertising Manager to organizations that provide pro bono sumer bankruptcy and landlord/tenant services to secure and protect civil liber- law. No representation of any kind is Lawyers in the Classroom Long Island Business News ties or public rights. The policy urges all undertaken. Many clients are prepared By bringing volunteer lawyers to 631-913-4262 lawyers to render pro bono legal service during these sessions – typically lasting New York City high schools, the Law- and to the maximum extent possible, to 30-45 minutes each – for pro se repre- Related Education Committee, Copyright © 2007 New York County Lawyers’ Association. provide services benefiting the indigent. sentation; referrals are made to a chaired by Bronx County Supreme All rights reserved. New York The policy reaffirms NYCLA’s view variety of sources if the Court Justice Richard County Lawyers’ Association grants permission for articles and that pro bono service should be volun- volunteer attorney deter- Lee Price, provides stu- other material herein or portions tary not mandatory. To be sure, we do mines that legal represen- dents with the knowl- thereof to be reproduced and distributed for educational or not have a shortage of volunteers. tation is necessary or edge and tools professional use through direct Almost every day our volunteer lawyers desirable. Mentors, who necessary to make their contact with clients, prospective are in the building rendering service to are experts in the four sub- voices heard within our clients, professional colleagues and students provided that such clients, in classrooms teaching high ject areas, are present or democracy. use shall not involve any matter school students about the Constitution available by telephone on In May 2007, the for which payment (other than legal fees or tuition) is made and our system of justice, drafting com- each night to assist the vol- NYCLA Justice Center and provided further that all mittee reports or amicus briefs on major unteer attorneys. hosted the 13th annual reproductions include the name of the author of the article, the public policy issues, participating in New York City High copyright notice(s) included in interviewing skills workshops for law Uncontested Divorce School Essay Contest the original publication, and a students and young attorneys, and on Project reception, with ten high notice indicating the name and date of the Association publica- and on. In the fall, we will celebrate the This project provides school students receiving tion from which the reprint is performance of volunteer lawyers at the counseling and represen- honors.The contest drew made. Subscription rate: $10.00 annual Public Service Awards tation for obtaining uncontested a record 176 entries from 20 high per year for non-members Reception.Throughout the year, we will divorces to low-income individuals, schools throughout the City. The essay New York County Lawyer is expand the membership of our Pro many of whom are victims of topic this year was “What are the pros published monthly (except Bono Committee and increase the domestic violence. and cons of permitting students to bring January and August) for $10 per year by New York County number of opportunities for service, as cell phones to school?” Each student Lawyers’ Association, 14 Vesey well as the number of volunteer lawyers. Youth Law Education Project wrote an essay that was judged on the Street, New York, NY 10007. As we approach our 100th anniver- In March 2007, the NYC Youth basis of content and writing. Periodicals postage paid is mailed at New York, NY and additional sary, we look back with pride at our Law Manual was published, the cen- mailing offices. POSTMASTER: accomplishments in the pro bono terpiece of the NYCLA Justice Send address changes to: New area and also look forward to all that Center’s Youth Law Education York County Lawyer, 14 Vesey is yet to be done. Project. Written in an easily under- Editor’s note: To register for a pro Street, New York, NY 10007-2992. standable format by a team of lawyer bono project or for further informa- USPS #022-995 Here are some NYCLA projects in volunteers, the Manual is designed to tion, call Lois Davis, Director of Pro ISSN: 1558-5786 which our volunteer lawyers are educate high school students about Bono Programs, at 212-267-6646, ext. $10.00 of membership dues engaged: their rights and responsibilities as citi- 217 or email [email protected]. is deducted for a one-year zens and provide information about Volunteer lawyers must be NYCLA subscription to the New York Article 81 Guardianship Project law-related careers. As a pro bono members in good standing and meet County Lawyer. NYCLA’s Supreme Court contribution, the law firm of additional requirements specific to Committee, in collaboration with the Cadwalader, Wickersham & Taft LLP each project. MCLE credits will be Photo Credits: Pro Bono Committee, developed this prepared the manuscript. NYCLA awarded to those participants who Anita Aboulafia project, which provides assistance to Board member Ivan J. Dominguez, complete the project requirements. Chris Risley Katharine Wells 6 June 2007 / New York County Lawyer Appellate Division seeks Theater discounts for Inventory Attorneys NYCLA members The Appellate Division, Second and sample forms, and increasing the Carol Rosegg Judicial Department, is seeking vol- rate of compensation to $75.00/hour. RADIO GOLF unteers to serve in the capacity of a by August Wilson court-appointed inventory attorney, As a further effort to enhance whose primary function is to take recruitment, Presiding Justice A. custody of and return files to the Gail Prudenti has requested the Tanya Pinkins and clients of disbarred, suspended or assistance of NYCLA in compiling a Harry Lennix resigned attorneys, or attorneys who list of volunteers who wish to be have abandoned their practice or considered for such appointments. who are incapacitated (see 22 Interested attorneys should contact NYCRR §§ 691.10 and 691.13). The Robert Dembia, P.C., 350 Broadway, need for such appointments within Suite 1210, New York, NY 10013, the Second Department has steadily phone number: 212-226-5905, fax been on the rise over the past several number: 212-226-7859 and email years. To help meet this need, the address: [email protected] (put NYCLA members can enjoy a discount rate to the new August Wilson play court recently has taken several key NYCLA in Subject line). Please Radio Golf. Simply visit www.nycla.org, enter your member info and click on steps to provide additional support provide your name, business MEMBERS ONLY,click on leisure and retail in the dropdown box and scroll and assistance to the appointed address, phone number and email down to Onstagesavings. Members can also purchase discounted tickets to attorney, including the creation of a address for the list to be forwarded Mama Mia! and Hairspray. handbook with a step-by-step guide to the Appellate Division.

CRIMINAL JUSTICE ACT PANEL COUNTY LAWYER SEEKS ATTORNEYS EDITORIAL POLICY The Editorial Board of New York County Lawyer welcomes the submission of articles The U.S. District Court for the defendants in capital cases and that by members of the legal community for inclusion in this publication. Submissions will be Southern District of New York is now represent defendants in non-trial work, edited and may not be returned to the writer for approval. The Editorial Board reserves the accepting applications for the Criminal primarily habeas corpus proceedings. right to make the final decision regarding the suitability, content and form of all submis- Justice Act Panel for the Court. sions and further reserves the right to incorporate modifications and edits to same, without Lawyers for this Panel provide repre- An application is available at the prior notice to the author or contributor. Materials accepted for publication are assumed to sentation to defendants who, based on Court’s website at www.nysd.uscourts.gov. be original work product and shall not contain, in whole or in part, any infringing content their financial need, qualify for Completed applications can be sent to unless appropriate attribution and consents have been secured by the author or contributor appointed representation funded pur- Leonard F. Joy, Esq., 52 Duane Street, prior to submission to the Editorial Board. Unless otherwise indicated, all views or opin- suant to the Criminal Justice Act. 10th floor, New York, NY 10007. The ions presented are solely those of the designated author(s) and do not necessarily represent Applicants can also apply for member- deadline for receiving applications is those of the New York County Lawyers’ Association. Material(s) accepted for publication ship on the panels that represent June 29, 2007. shall appear in print and electronic formats and shall become the property of the Association once posted or published and may not be reprinted or otherwise utilized by any person or party absent the Editorial Board’s expressed written consent. Supreme Court Committee NYCLA Federal Courts hosts Law Day Luncheon Committee Rick Kopstein

On May 11, the NYCLA Supreme Court Committee hosted its annual Law Day Luncheon at The Ritz-Carlton Downtown. The Capozzoli Gavel Award In May, a CLE program, Winning program explored the major phases was presented to Hon. Harold Baer Jr. (second from left), U.S. District Court, Cases in Federal Court, was offered of a civil action in the federal district Southern District of New York, former Supreme Court Justice, New York by the NYCLA Federal Courts courts, particularly in the Southern County. In addition, Hon. Karla Moskowitz (third from left), Justice, Supreme Committee, which is chaired by and Eastern Districts of New York. Court, New York County, and Hon. David B. Saxe (fourth from left), Justice, Thomas V. Marino (far left), at the The course provided attendees with a Appellate Division, First Department, each received certificates for 25 Years of NYCLA Home of Law. Co-chaired comprehensive grounding in key fed- Distinguished Judicial Service. Edwin David Robertson (far left), NYCLA’s by Joel M. Silverstein (in the middle) eral and local rules and the tactics President, spoke eloquently about the need for an increase in judicial salaries. and Hon. Kevin P. Castel (far right), and techniques that are successful in Henry J. Kennedy (fifth from left) and Howard W. Burns, Jr. (far right), Co- United States District Judge, federal court, as well as pertinent eth- Chairs of the Supreme Court Committee, are also pictured. Southern District of New York, the ical considerations. June 2007 / New York County Lawyer 7 Message From Bari Chase, Director of the CLE Institute Summer Programs at the CLE Institute mark your calendar for the next sessions of Bridge the Gap. Bridge the Gap 1 will This summer, the CLE Institute will be held on Friday, July 20 and Monday, continue to offer both live programs and July 23. Bridge the Gap 2 will be offered video replays of some of our most popular on two consecutive Fridays – August 3 courses. On two Mondays – June 11 and and 10. Both are full-day courses – from June 18 – from 6:00-9:00 PM, we will offer 9:00 AM-5:00 PM – and each program Handling Employment Discrimination offers the newly admitted attorney Cases. A panel of experts will walk atten- his/her first or second year of required dees through the process – from evalua- MCLE credits. (Fee: Member, $255; tion of a discrimination claim to Non-member, $355). developing successful trial strategies to A new edition of the CLE Institute’s ethical considerations. (Fee: Member, DVD/CD Audio Reference Library $145; Non-member, $185). A new and Catalog will be released this summer provocative program will be held on containing a complete listing of all titles Tuesday, June 12 from 6:00-9:00 PM, available in these formats. Terrorism and the Patriot Act – NSA Letters, Going Postal! Our Constitutional Rights Under Siege. Taking a critical look CLE PROGRAMS at the Patriot and other Acts, Professor Mark Rosen will discuss how our consti- JUNE tutional rights are being threatened and how attorneys can best represent and pro- Friday, June 8 tect their clients’ rights. (Fee: Member, 9:00 AM - 5:00 PM $125; Non-member, $165).We will present GAIN THE EDGE! NEGOTIATION a new Ethics course on Thursday, June 14 STRATEGIES FOR LAWYERS from 6:00-8:00 PM entitled Ethics in the 7 MCLE Credits: 1.5 Ethics; 5.5 Skills; Real World of the 21st Century.This Transitional and Non-Transitional interactive program will focus on eight Early Registration (on or before 6/6) real-life transactional and litigation sce- Member: $195 Non-Member: $245 narios that pose ethical dilemmas for Registration Fee (6/7 - 6/8) attorneys practicing law today. (Fee: Member: $220 Non-Member: $270 Member, $95; Non-member, $135). In July, the CLE Institute will present Monday, June 11 & June 18 Mediation in Securities Cases, 1031 Tax 6:00 - 9:00 PM Free Exchanges and Effective E- HANDLING EMPLOYMENT Discovery – Best Practices and Practical DISCRIMINATION CASES and Ethical Advice. Check our website (TWO-PART COURSE) for dates, times and other details. Also, See CLE PROGRAMS, Page 13

There’s no such thing as an iron clad case…but with GMSL’s team of credentialed professionals, you’ll have all the facts on your side. Led by Certified Forensic Financial Analyst, Mark S.Warshavsky, we investigate, uncover, analyze and reconstruct pertinent information for the best possible outcomes.

Litigation support, expert testimony…civil or criminal cases…the GMSL brand of Forensic Accounting can make all the difference in your case.

GMSL: Ready, willing and able.

20 Crossways Park North • Woodbury, NY 11797 • Tel.516.364.3390 220 Fifth Avenue • New York, NY 10001 • Tel.212.684.3399 • www.gmslny.com 8 June 2007 / New York County Lawyer major acquisitions, such as The Reports and about the challenges in restoring peace and Entries of Sir Edward Lutwyche (1683-1704), achieving justice in the aftermath of civil war, geno- Annual Report were cataloged during the year and are now part cide and other human rights abuses in African soci- of our historical holdings. eties. The Committee also co-sponsored the Fifth From Page 1 anniversary celebrations for special groups of NYCLA’s Library Committee hosted extraor- Annual Ida B. Wells-Barnett Justice Award knowledge and guidance to experienced and members, as well as receptions for new members dinary author events in 2006 featuring Pete Lecture with the Metropolitan Black Bar newly admitted attorneys. and programs for Sustaining Members. Hamill, who spoke about his recently published Association in honor of Black History Month. The Professional development remains key as the book, My Manhattan, and Col. Matthew honoree, Dr. Adelaide Sanford, Vice Chancellor of Extensive Selection of Substantive Programs Association continues its sponsorship of innova- Bogdanos, author of Thieves of Baghdad, who the New York State Board of Regents, talked pas- The CLE Institute offered programs in over tive programs, including Why Should Attorneys gave a gripping presentation about his team’s sionately about her experience in the field of educa- 30 different practice areas. Some programs pro- Accept Credit Cards?, Prospecting for New efforts to find the artifacts stolen from the tion and the value of an education. An outstanding vided updates on changes in the law, such as Business and Enhancing Your Professional National Museum of Baghdad. Both events were forum featuring a screening of clips from the docu- BAPCA One Year Later: An Update on Recent Networking Skills. NYCLA is also cultivating attended by members of the legal community. mentary – Disturbing the Universe: Radical Lawyer Developments in Bankruptcy Law, while others new relationships with law schools throughout the We commend James B. Kobak Jr. for his long- William Kunstler – was sponsored by the Civil dealt with topics that were previously unexplored, metropolitan area. In an effort to develop collab- standing service to the Library as Chair of the Rights and Labor Relations and Employment Law like Representing the Fashion Client, The orative programming to bring law students into Library Committee. His prodigious efforts have Committees and the Center for Constitutional Evolving Role of Forensics in Custody Litigation, the organized bar, NYCLA and New York Law ensured that we have the resources that best serve Rights. The documentary and powerful discussion and Legal Issues in Long-Term Care. While some School initiated a pilot project this year to engage our members and the greater New York legal that followed focused on how one lawyer’s radical courses were developed for experienced practi- law students in committee work. And, in honor of community. Also, we are most appreciative of the actions relate to contemporary civil rights. The pro- tioners (Hot Topics in Trusts and Estates Law), NYCLA’s Centennial anniversary, Membership skill and dedication of the Library staff, headed grams sponsored by our Women’s Rights others were more general (Will Drafting 101, created a free breakfast series for members, begin- by Nuchine Nobari. Committee not only provided professional develop- What You Need to Know to Practice Immigration ning with “So You Want To Be a Writer!” Thank ment through our Women in Law Series, a CLE Law Successfully) or geared for newly admitted you to Membership Committee Chair M. Barry Communications Institute offering, but addressed critical pubic policy attorneys (Bridge the Gap 1 and 2, Who’s Afraid Levy for his spirited and enduring leadership and Communicating to members, nonmembers, issues such as reproductive rights and trafficking of of Federal Court?). A new series on Women in to Harriet Astor, Director of Membership, and her potential funders and the public at large continues women and girls. Through these and other NYCLA Law: Strategies for Success was launched in 2006 staff for their capable management of our recruit- to be a focal point for the Communications programs, as well as the tireless commitment of our by a subcommittee of NYCLA’s Women’s Rights ment and retention efforts. As a result, NYCLA Department. Fulfilling a goal in the NYCLA committee chairs, we continue our leadership role in Committee for attorneys and organizations inter- had an 11 percent increase in membership over Strategic Plan, the Association launched the publi- seeking to promote equal opportunity throughout ested in furthering the advancement and reten- the past year – more than 900 new members. cation of an annual report with photographs in 2006. the legal profession and society. tion of women in the legal profession. Media coverage of NYCLA events and public NYCLA’s Summer Minority Judicial Additionally, the Institute offered 16 Video Pro Bono policy initiatives has vastly expanded. Over the Internship Program is another example of the Replays of some of our most popular courses to For decades, NYCLA has provided pro bono past 12 months, more than 50 articles have Association’s continued commitment to increase accommodate busy attorneys, including a new legal services to those in our community most in appeared in law-related and consumer publica- diversity in the legal profession by providing Breakfast with NYCLA series, which allows expe- need. We are proud of the success of our current tions – from front-page coverage and Letters to opportunities for minority law students. rienced attorneys to earn valuable Ethics credits projects, which have provided assistance to more the Editor in the New York Law Journal to arti- Established in 1989 by Hon. Harold Baer Jr. and during early-morning sessions. than 500 people over the last year. Whether you cles and photos in Downtown News, Gotham his wife, Dr. Suzanne Baer, the Program provides are a newly admitted attorney or an experienced Gazette and the Brooklyn Daily Eagle. NYCLA law students of color with the unique opportunity Courses Designed to Enhance Legal Skills one, we encourage you to consider giving your leaders continue to serve as experts and of exposure to the judicial system through paid During 2006, a concerted effort was made to professional expertise and time to one or more of spokespersons for the media. New publicity out- summer internships with state and federal judges. offer a wide variety of skill-building programs for our worthy projects. lets, in particular, list serves and such online The Minorities and the Law Committee adminis- attorneys of all levels of experience. The Institute The Legal Counseling Project provides advice media as Judicial Reports and Wall Street Rising, ters the program and accepts first- and second- reprised many of its most popular programs, such to clients in the areas of family law, employment have been identified and solicited in the promo- year law students from the five law schools in as Gain the Edge! Negotiation Strategies for law, consumer bankruptcy law and landlord- tion of the Association’s programs and initiatives. New York County, as well as Brooklyn Law Lawyers, Blueprint for Building Your Law tenant law. The New York County Lawyer, NYCLA’s print School, City University of New York School of Practice, and Certified Guardian, Court Evaluator The Uncontested Divorce Project provides newsletter, published 10 times a year, promotes the Law and St. John’s University School of Law. and Counsel for Alleged Incapacitated Person assistance to low-income individuals in obtaining Association’s work - public policy initiatives, pro In September, the Minorities and the Law Training. In addition, the new speakers who were uncontested divorces. bono programs, upcoming events and CLE pro- Committee hosted a kick-off reception to intro- welcomed to the faculty introduced diverse skills The Article 81 Guardianship Project, our grams. It also provides extensive coverage of mem- duce the Program to eligible law students. In addi- and techniques in such programs as Stress newest project, provides assistance to lay bership activities and benefits, featuring member tion to the law students, attendees included law Management, Medical Records: Organization guardians appointed in New York County who and leader profiles, information about career devel- school administrators, sponsors of the program Analysis and Use, Crisis Management: What are responsible for the property management opment workshops and myriad articles of topical and NYCLA Board members. Every Attorney Needs to Know, and Negotiating and/or personal needs of an incapacitated person interest. The semi-monthly electronic newsletter, Through solicitations by the NYCLA and Drafting Retail Leases: How to Make the who has low or no assets. NYCLA E-News Bulletin, continues to provide Foundation, financial support for the Program is Deal: How to Avoid the Bad Deal. I would like to take this opportunity to thank members and non-members with information con- provided by firms, corporations, individuals and a the Chairs of the Pro Bono Committee, Ivan J. cerning upcoming events, news items, member ben- generous grant from the Association’s Supreme Audio Reference Library for Dominguez and Anthony L. Soudatt, for the great efits and downtown resources. Court Committee. Additionally, the Minorities Experienced Attorneys strides made in promoting pro bono, and Lois NYCLA Express, the members-only, cus- and the Law Committee held its Fourth Annual The Institute continued to expand and enhance Davis, who serves with such dedication as tomizable portal serving members’ personal and Silent Auction in March. This year’s Auction was its DVD/CD Audio Reference Library. More than Director of Pro Bono. professional online research needs with links to expanded to include a live auction that featured 75 programs are currently available in digital NYCLA’s Pro Bono Department continues to 14 practice areas, up-to-the-minute news via news original artwork and sculpture, a champagne format and contain new features, such as pdf ver- administer the Part 137 Attorney-Client Fee tickers, shopping, entertainment, finance, travel reception and entertainment from a jazz quintet. sions of the supporting materials, expanded menu Dispute Program, which provides for the informal and so much more, is in the process of being Since the Program’s inception, over 150 choices and professional music and titles. An and expeditious resolution of fee disputes upgraded and more diverse content will soon minority law students have participated and while Update to the DVD/CD Audio Reference Library between attorneys and clients through arbitration become accessible through the site. it has received many accolades, none is as heart- Catalog was issued in summer 2006, highlighting and mediation. Use of the program has steadily In April 2007, NYCLA launched its felt as the ones from the interns themselves. Here the newest titles in the collection. In December increased since it became mandatory in 2002. Centennial celebration and the Communications is an example: 2006, NYCLA’s Greatest Hits DVD/CD Audio NYCLA closed 210 cases over the last year. Department introduced a Centennial Page that NYCLA was the reason why my internship course packages were launched, allowing experi- We appreciate the dedication of the volunteers, will appear in the centerfold of each issue of the experience was so remarkable. NYCLA not only enced practitioners to meet all of their bi-annual whose services are indispensable to the success of New York County Lawyer from April 2007 selected a wonderful pool of judges for the intern- MCLE credit requirements in five practice areas— this program, and the steadfast commitment of through December 2008. The page includes arti- ship program, but it went one step further and Real Estate, Estate Planning, Business Law, Michael C. Lang, Chair of the Joint Committee on cles and photos tracing the history of the meticulously matched my interests, work experi- General Practice and Intellectual Property. Fee Disputes and Conciliation, who has provided Association. In addition, NYCLA’s homepage ence and personality to my particular judge. Our thanks to Bari Chase, Director of the support and guidance to the program’s adminis- debuted a “Did you know…” section, which is NYCLA also provided me with an attorney- CLE Institute, for her innovative leadership and trator, Heidi Leibowitz. updated weekly and archived, containing histor- mentor that I can always obtain assistance from to her staff for their dedication.Thanks also to the ical facts about the Association and events that for any issues that may arise in the workplace. members of the CLE Oversight Committee and Research and Technology have shaped the legal community and beyond. More importantly, the NYCLA internship pro- its co-chairs, Justice Stephen G. Crane and Lucas Over the last year, the Library continued to A sincere thanks to Anita Aboulafia, Director gram gave me a priceless gift – it solidified my A. Ferrara, for their invaluable support and guid- experience growth, attracting a wide range of of Communications, for her energetic efforts to love and respect for the legal profession. ance throughout the year. practitioners, both newly admitted and experi- enhance NYCLA publications and generate pub- enced. In many cases, patrons continue to rely on licity for our activities. - Diep Nguyen, New York Law School Membership the Library staff’s expertise for assistance in legal In 1908, NYCLA was founded on the concept research and support in navigating the electronic Diversity Initiatives Public Policy Initiatives of inclusiveness. Almost 100 years later, our mem- resources. On average, more than 1,020 practi- NYCLA’s Special Committee to Increase NYCLA’s public policy initiatives are the bership remains richly diverse and includes more tioners visit the Library each month; swelling Diversity in the Legal Profession, chaired by Hon. single most important way that the Association than 9,000 experienced attorneys in large firms, computer-usage statistics indicate that the Juanita Bing Newton, Deputy Chief Administrative discharges its mission to improve our legal corporations and the public sector, solo and small- Library’s electronic resources are largely respon- Judge for Justice Initiatives, continued to fulfill its system and expand access to justice. Thanks to firm practitioners, law students and judges. The sible for this increase. mission of addressing issues relating to color, NYCLA’s dedicated committees, sections and Membership Department is dedicated to identi- The Library’s Electronic Research Center’s gender, sexual preference and identity, and dis- task forces, we conclude another extraordinarily fying and serving the needs of each member. With CLE courses continued to attract member as well ability. The Committee comprises the chairs of the productive year of advocacy in fulfilling that mis- a firm commitment to increasing the value of as non-member attendees. In 2006, we increased Minorities and the Law, Women’s Rights, Lesbian, sion. For a compendium of these projects, I invite membership, NYCLA offers an array of services the number of technology courses offered and Gay, Bisexual and Transgender Issues, and Civil you to visit the NYCLA website, www.nycla.org, and benefits. The retail benefits program offers launched new programs. Among the Library’s Rights Committees. Through our committees’ to review committee and Board reports and many discounts, and group ticket sales afford new CLE offerings is a seminar in Excel, as well involvement, many lectures, forums and CLE pro- other public statements or read the past year’s members an opportunity to attend numerous cul- as a free introductory class on the Bloomberg grams were held, among them, the Tenth Annual editions of the New York County Lawyer. In this tural and sporting events at reduced prices. In fur- Professional database. The popularity of these Haywood Burns Memorial Lecture and Reception Annual Report, I highlight a sampling of note- therance of NYCLA’s commitment to recognize and other offerings resulted in an increase in the honoring New York City’s jurists of color, sponsored worthy projects and achievements of the past the loyalty of its members and expand networking number of attendees over previous years. by the Minorities and the Law Committee. The lec- year, all illustrative of NYCLA’s preeminent opportunities, the Association has sponsored NYCLA’s Library staff continues to identify turer, Professor Paula C. Johnson, Haywood Burns and expand our historical collection. Several Chair of Civil Rights, CUNY School of Law, spoke See ANNUAL REPORT, Page 12 June 2007 / New York County Lawyer 9 minimum wage payment and overtime com- ed. (Thompson West). 2007 cumulative pensation, government employment, child supplement. labor, homework, hot goods violations, United States Code Annotated (Thomson retaliation, record keeping, enforcement, West). 2007 pocket parts and pamphlets. remedies and litigation issues are discussed West’s New Jersey Statutes Annotated LIBRARY NOTES with numerous case annotations. (Thomson West). 2007 pocket parts and Appendices contain statutes, organizational pamphlets. information for the Department of Labor with a classified list of DOL Opinion PERIODICALS Letters, unified agenda of federal regula- Antitrust in the New Congress, Antitrust, tions, historical treatment of exemptions vol. 21, no. 2 (Spring. 2007). under Section 13 (a) and (b), required Civility in the Profession, Experience, vol. by Anna Smallen book and CD-ROM as needed. notices, forms and tables, model jury instruc- 17, no .2 (Winter 2007). tions and state information can be found. Eighteenth Annual Supreme Court Review, To make suggestions about book purchases, FEATURED INTERNET SITE Touro Law Review, vol. 22, no. 4 (2007). please contact Library Director Nuchine ACRIS Lincoln and Chief Justice Taney: Slavery, The Fifth Amendment and the Grand Jury, Nobari by email at [email protected] or by (www.nyc.gov/html/dof/html/jump/acris.shtml) Secession and the President’s War Powers, Criminal Justice, vol. 22, no.1, (Spring 2007). phone at 212-267-6646, ext. 201. The Automated City Register Information by James F. Simon. A First Years’ Guide for New Associates, System is a free, public, web-based service for Professor Simon, Martin Professor of Law Law Practice, vol.33, no. 3 (April/May 2007). FEATURED TITLE searching post-1966 real property records by and Dean Emeritus at New York Law Harness Racing and New York’s Ethics Law Firm Partnership Agreements, by party, parcel identification type, file and School, has written a biography of President Laws, New York State Bar Journal, (May Leslie D. Corwin and Arthur J. Ciampi, transaction number. A login and password Abraham Lincoln and Chief Justice Roger B. 2007). (Law Journal Press), 2006. are required for E-Tax form creation, real Taney that describes how their political views Healthcare Reform Roundup, This book provides a detailed overview of estate transactions and to obtain legal about the Constitutional rights of slaves and Administrative & Regulatory Law News, the life of a law firm beginning with the records.The site has tutorials, help screens, an states diverged after Justice Taney wrote the vol. 32, no. 3, (Spring 2007). Model Partnership Agreement, as well as email help form and telephone help desk at majority opinion in Dred Scott v Sanford The Incredible Shrinking “American Rule”: numerous forms, case annotations and com- 212-487-6300. ACRIS does not accept online about a former slave’s standing to sue for his Navigating the Changing Rules Governing parisons of state laws. Chapters include: payment of taxes or fees. freedom. Professor Simon shows how the Attorneys’ Fee Awards in Today’s Choice of Entity, Setting Up the Firm, power to wage and conduct the Civil War Construction Litigation, Construction Management Structure, Partnership Income NEW BOOKS became an additional source of conflict and Lawyer, vol. 27, no. 2, (Spring 2007) and Assets, Changes in Relationship among The Fair Labor Standards Act, by the the development of Lincoln’s political philos- Medical Negligence, Trial, vol. 43 no. 5 (May Partners, Dissolution, Buying, Selling or Federal Labor Standards Committee of the ophy after Justice Taney’s death. The book 2007). Merging Law Practices and Law Firm Section of Labor and Employment Law of has an extensive bibliography and index. Recent Developments in… Tort Trial and Bankruptcies. Mr. Corwin is a principal the American Bar Association, Ellen C, Insurance Practice Law Journal, vol. 42, no. shareholder in Greenberg, Traurig, LLP and Kearns, Editor-in-Chief, (Bureau of National NEW EDITIONS 2, (Winter 2007). a NYCLA member, and Mr. Ciampi, a Affairs), c1999, supplemented in 2006. Employee Fringe and Welfare Benefit A Review of the Supreme Court’s Labor founding member of Ciampi, LLC, writes The Fair Labor Standards Act was enacted Plans, 2007 edition (Thomson West). and Employment Law Decisions: 2005-2006 the Law Firm Partnership Law column for in 1938 and regulates the minimum wage, Insurance Claims and Disputes: Term, The Labor Lawyer, vol. 22, no. 2 (Fall the New York Law Journal. The authors overtime and child labor. The treatise pulls Representation of Insurance Companies and 2006). have experienced the changes in law firm together information from many sources, Insured, 5th edition, 2007 (Thomson West). Selected Excerpts: Practising Law Institute’s practice due to increased competition and beginning with a brief history of the Act. Real Estate Transactions Tax Planning Twenty-Third Annual Section 1983 Civil turnover, and know the pitfalls of ignoring Operations and functions of the and Consequences, 2007 with 2006 CD- Rights Litigation Program, Touro Law the legal and ethical aspects of law firm prac- Department of Labor, white collar, agricul- Rom (Thomson West). Review, vol. 23, no.1 (2007). tice.They have indexed the book and include tural and other statutory exemptions, deter- Scott and Ascher on Trusts, 5th edition Special Report: The New Franchise Rule, a case table for quick retrieval, updating the mining the compensable hours worked, the (Wolters Kluwer Law & Business) vol- Franchise Law Journal, vol. 26, no. 4 (Spring umes 3 and 4. 2007). Zoning and Planning Law Handbook, Supreme Court to Decide Boundaries of When your insurance needs are special . . . 2007 (Thomson West). Government Liability Under CERCLA, The Procurement Lawyer, vol. 42, no. 3 . . . Your insurance broker should be too! NEW UPDATES (Spring 2007). Callman on Unfair Competition, Symposium: America’s Constitution, Trademarks and Monopolies (Thompson Written and Unwritten, Syracuse Law LAWYERS PROFESSIONAL West). 2007 cumulative supplement. Review, vol. 57 no. 2 (2007). Carmody-Wait 2nd ed.: New York Practice Symposium: A European Perspective on LIABILITY INSURANCE with Forms (Thomson West). 2007 cumula- Judicial Independence and Accountability, tive supplement. The International Lawyer, vol. 41, no. 1 Federal Practice and Procedure (Thomson (Spring 2007). 212-764-6740 West) 2007 cumulative supplement. Symposium: The Future of Mortgage New York Limited Liability Companies Lending, Consumer Finance Law Quarterly 877-279-4253 and Partnerships (Thomson West). 2007 Report, vol. 60, no. 4 (Winter 2006). supplement. Symposium: New Dimensions of 500 Fifth Avenue New York Real Property Service (Thomson Citizenship, Fordham Law Review, vol. 75, Suite 2210 West). April 2007 Update. no. 5 (April 2007). NewYork Worker’s Compensation New York, NY 10110 (Thomson West). 2007 supplement. Ms. Smallen is a Reference Librarian at the Pattern Discovery: Motor Vehicles, 3rd New York County Lawyers’ Association. www.insurance4lawfirms.com ELECTRONIC RESEARCH CENTER CLE PROGRAMS: JUNE

Thursday, June 7 Wednesday, June 13 10:00–11:00 AM 10:30-11:30 AM WESTLAW: BEGINNER LEXIS: ADVANCED 1 MCLE Credit: 1 Skills; 1 MCLE Credit: 1 Skills; Transitional Transitional Member: FREE Member: FREE Non-Member: FREE Non-Member: FREE

Monday, June 11 Wednesday, June 13 11:00 AM-12:00 PM LEXIS: BANKRUPTCY LAW LIVEDGAR: PRECEDENT 12:00–1:00 PM RESEARCH AND DRAFT 1 MCLE Credit: 1 Skills; PREPARATION Transitional 1 MCLE Credit: 1 Skills; Member: FREE Transitional Non-Member: FREE Member: $65 Non-Member: $85 Thursday, June 14 Non-Legal Staff: $35 2:00-3:00 PM See ELECTRONIC RESEARCH CENTER, Page 13 10 June 2007 / New York County Lawyer Officers and directors inducted From Page 1 Ryan, LLP. [Biographies of the directors named chair of the NYCLA Justice positive perception of, the administration will be in the July/August newsletter.] Center Advisory Board; Hon. Stephen G. of justice in New York State. The Fund for Grunblatt, a partner at Proskauer Rose The Association’s Centennial theme – Crane, Appellate Division, Second Modern Courts conferred its first LLP, with a practice in corporate immi- Advocating Equality… Creating Department, named chair of the Judicial Lifetime Public Service Award upon gration; Vilia B. Hayes, a partner at Opportunities – is a testament to the pow- Section; and Lisa E. Cleary, a partner at Judge Smith earlier this year. Hughes Hubbard & Reed LLP, with a erful impact NYCLA has had on the law Patterson Belknap Webb & Tyler LLP, Hon. Stephen G. Crane, who currently practice in insurance, product liability and public policy and its commitment to named chair of the Pro Bono Committee. chairs NYCLA’s History Committee, and mass disaster litigation; Mariana equal access to justice for all. From now Judge Smith, who was recently will chair the Judicial Section, whose Hogan, Professor, New York Law through December 2008, the Association appointed chair of the First Judicial mission is to provide the Association’s School; Stacey J. Rappaport, a partner at will host a series of programs related to District’s Screening Panel, is a partner at committees and other sections with crit- Milbank, Tweed, Hadley & McCloy LLP, this theme. Chadbourne & Parke LLP. A new ical input from members of the judiciary. with a practice in federal and state litiga- Following the induction ceremony, member of the NYCLA Board of Lisa E. Cleary will chair NYCLA’s tion of securities, commercial disputes, there was a reception in honor of Directors, he will chair the NYCLA Pro Bono Committee, which has, over class action defense and regulatory mat- NYCLA’s officers and directors. Three Justice Center Advisory Board, estab- the past year, worked with more than ters; Hon. George Bundy Smith (ret.), a new chairs were also appointed; they are: lished in 2003 as a means of promoting 200 volunteer attorneys on various pro partner at Chadbourne & Park LLP; and Hon. George Bundy Smith, former access to justice and serving as a catalyst bono projects. [For more information Lewis F. Tesser, a member of Tesser & Associate Judge of the Court of Appeals, for meaningful improvement in, and a about Ms. Cleary, please see below.] Newly inducted NYCLA Officers

PRESIDENT Co-Chair), Executive, Finance, CATHERINE ANN CHRISTIAN Investments, Library and Nominations New York County District Attorney’s Committees and the Task Force on Judicial Office, Counsel for Special Projects for Selection. She is also the Treasurer of the the Office of the Special Narcotics NYCLA Foundation Board and Fellow of Prosecutor the American College of Trusts and Estates Catherine A. Christian is responsible for Counsel. Ms. Lesk has lectured on estate all aspects of legal training for assistant dis- planning in CLE programs. trict attorneys, paralegals, investigative and financial analysts, interns and investigators VICE PRESIDENT in areas such as ethical obligations, trial JAMES B. KOBAK JR. advocacy, grand jury practice, complaint Hughes Hubbard & Reed LLP, Partner drafting, electronic surveillance, search James B. Kobak Jr. chairs his firm’s warrant practice and investigative tech- Antitrust Practice and Practice Standards niques. She handles matters for the Special Groups and has been involved in a wide Investigations Bureau, including money variety of commercial litigations and in laundering and financial investigations. Ms. arbitrations and mediations as both an Christian also supervises and manages all advocate and neutral. He is President of of the Special Narcotics Prosecutor’s the NYCLA Foundation, overseeing the Foundation’s annual and special Office litigation involving motions for re- NYCLA officers (from left to right): Louis Crespo, Treasurer; Ann B. Lesk, fundraising campaigns, chairs the Library sentencing, and litigated the Office’s most President Elect; Catherine A. Christian, President; James B. Kobak Jr., Vice Committee and Task Force on significant re-sentencing hearings of high- President; and Joel B. Harris, Treasurer. level or violent drug traffickers. Professionalism, founded the NYCLA Inn Ms. Christian has served on numerous in the Legal Profession. She is also a Ann B. Lesk is the chair of the Trusts of Court (and serves as its Secretary) and committees and task forces at NYCLA, member of the NYCLA Foundation and Estates Department at Fried, Frank, also serves on several NYCLA commit- among them: the Executive, Investment, Board. Ms. Christian is a past Chair of the Harris, Shriver & Jacobson LLP. Prior to tees; among them are the Executive Membership, Minorities and the Law (of NYCLA Committee on Committees. her election as NYCLA’s Vice President, Committee and the Professional Ethics which she is a past Chair) and she served as Secretary. Ms. Lesk has Committee. In March 2006, Mr. Kobak Nominations Committees, the Justice PRESIDENT-ELECT served on numerous committees, sections received the Boris Kostelanetz President’s Center Advisory Board, Public Service ANN BERGER LESK and task forces at NYCLA, among them: Medal in recognition of his dedication to Awards Committee and newly created Fried, Frank, Harris, Shriver & the Estates, Trusts and Surrogate’s Court NYCLA and distinguished service to the Special Committee to Increase Diversity Jacobson LLP, Partner Practice Section (of which she is a former legal profession. He serves on the American Arbitration Association’s panel of arbitrators, as well as the mediation and arbitration panels of the United States Meet the new Pro Bono Committee Chair, Lisa E. Cleary District Courts for the Southern and Eastern Districts of New York. Mr. Kobak Lisa E. Cleary has been appointed According to Ms. Cleary, Under Law. She received the is an adjunct associate professor at chair of NYCLA’s Pro Bono “Argi, Ben and I look for- 1994 New York State Bar Fordham Law School, where he teaches an Committee, which has, over the past ward to contributing to the Association’s President’s Pro Antitrust and Intellectual Property course. year, worked with more than 200 volun- already significant pro bono Bono Service Award for the teer attorneys on various pro bono pro- efforts of the Association, First Judicial District and, in TREASURER jects. Ms. Cleary, a litigation partner at and to helping to strategi- 2001, she received the State JOEL B. HARRIS Patterson Belknap Webb & Tyler LLP, cally leverage the extraordi- Bar’s Root-Stimson Award, Thacher Proffitt & Wood LLP, Partner practices in the areas of employment nary talent of the in honor of Elihu Root and Joel B. Harris, who joined Thacher law, litigation and alternate dispute res- Association’s membership in Henry L. Stimson, whose Proffitt & Wood in 1986, practices in the olution. She works closely with a broad order to assist even more careers personified the legal area of complex commercial and interna- range of corporations and tax-exempt New Yorkers. We look for- profession’s commitment to tional litigation and arbitration. He has organization clients, providing advice in ward to working with public service. handled numerous antitrust, securities, and order to minimize legal risks and to Catherine Christian in her Lisa E. Cleary Ms. Cleary also chairs officer and director liability matters in fed- ensure compliance with applicable laws. new leadership role, and with Patterson Belknap’s Pro eral and state courts in the U.S. at both the Her employment practice also includes Sophia Gianacoplos and Lois Davis, to Bono Committee. Since 1999, trial and appellate levels, as well as com- advising clients in a broad range of advance the work of NYCLA’s Pro Patterson Belknap has ranked in the mercial arbitrations in various countries employment-related litigation matters Bono Committee.” top 10 of The American Lawyer’s throughout the world (at both the trial and before administrative agencies and A graduate of Duke University yearly pro bono survey and in 2006, appellate levels). Mr. Harris is a member of state and federal courts. Ms. Cleary School of Law, Ms. Cleary sits on the for the third consecutive year, 100 per- the NYCLA Executive and Investments also conducts diversity training semi- board of directors of several organiza- cent of the firm’s attorneys partici- Committees and Northeast Business Law nars for clients. Argi O’Leary and tions, among them: MFY Legal Services, pated in pro bono projects. In 2007, Center, and chairs the Finance Committee. Benjamin Friedman, litigation associ- Inc. (Board Chair 1994-1999), the Firm received the New York State In addition, he is a member of the NYCLA ates at Patterson Belknap, will serve as Volunteers of Legal Service, Inc. and Bar Association President’s Pro Bono Foundation Board. Co-Secretaries of the Committee. Lawyers’ Committee for Civil Rights Service Award for large law firms. See NEWLY, Page 12 June 2007 / New York County Lawyer 11

14 Vesey Street: Genealogy of an Address - Part II The Meeks, Astor and Cromwell-NYCLA Years by K. Jacob Ruppert, J.D. Steuben, Kosciusko, Polaski and Rochambeau at his parents’ home. On The Meeks Years, 1836-1908 November 25, 1783, when the British The rental income from Dr. David forever sailed out of New York harbor, Hosack’s Vesey Street home did not last Meeks, at the age of 12, was at the long as it perished in the Great Fire of Battery amidst the mob toppling the 1835 along with Hosack’s three other Statue of St. George and sawing off the downtown properties. In a sense, Royalist finials atop the fencing sur- Hosack perished too as he died of a rounding it. As one of the founders of stroke five days later. The scorched and Tammany Hall, he was deeply political. snow-covered lot was sold in January of Aged 90 at the beginning of the Civil 1836 for $35,000. Recorded occupancy War, Meeks announced he would volun- of the later building picks up in 1836 teer if necessary to defeat “the descen- when laureate furniture master- dants of the Tories of the Revolution.” craftsman, Joseph Meeks (1771-1868) Meeks prospered as Vesey Street was moves in at 14-16 Vesey Street, becoming the epicenter for such house- replacing his factory at 43 Broad Street, hold staples as furniture, dry goods and which had burned. Meeks, a first-gener- groceries. As one walked west along ation American born to Welsh and Vesey Street, there were docks and the French Huguenot parents, unwittingly Washington Market, the latter of which, witnessed American history as a child. by 1900, was the largest food market in His New York Herald obituary records North America. This access to foot that his mother was the interpreter for traffic and shipping played an indispens- General George Washington and the able role in Meeks’s success. Dating Moving clockwise from the left: 12 Vesey Street in 1853, William Waldorf Astor, French generals under Rochambeau. As back to its rustic beginnings in the 1770s, Astor House (on the corner of Broadway and Vesey Street), the Washington a boy, he often saw Washington, Washington Market, originally called Market in 1853 and the engraving that appeared on the furniture made by Lafayette, Wayne, Schuyler, von Bear Market, started on farmland cabinet-maker J. & J.W. Meeks.

donated by Trinity Church. The market However, his firm provides an excellent grew substantially and after the opening case study in the 19th century move from Honoring NYCLA’s past, of the Erie Canal in the 1820s, its growth master craftsman to manufacturer. expanded to encompass the area of Likely apprenticing with his father, Washington, West, Partition (now Joseph Meeks established his cabinet- Fulton) and Vesey Streets. Hundreds of making shop on Broad Street in 1797. celebrating its future independent vendors sold fruits, vegeta- Economic troubles began for his small bles, specialty foods, wild game and live- business soon after the passage of the Hon., Caroline Klein Simon, death in 1993. She served on the stock, unofficially extending the market Non-Importation Act in 1806 and the NYCLA Board in the early 1960s, in as far north as the current meatpacking Embargo Act a year later. By 1819, busi- a pioneer in fighting district, which can trace its roots to ness had picked up and he began to discrimination addition to serving on several NYCLA committees – Practical Washington Market. In 1915, annual develop markets for his work in the trade for the market was estimated at $5 South. The South found itself cut off Hon. Caroline K. Simon, a native Legal Education (1973-1979), million (over $100 million in current dol- from European imports due to protec- Professional Ethics (1974-1985), New Yorker, was born on November lars) and the trade to hotels and restau- tionist policies passed by Congress, as 12, 1900 and graduated from New Judiciary (1981-1985) and Surrogate rants alone fed an estimated one million well as the fallout of the War of 1812. York University School of Law in Court (1985) Committees. people per day. The Vesey Street Ferry, Meeting this demand for northern 1925. Unable to find a law firm that In 1958, Ms. Simon served as legal connecting Manhattan with Hoboken, goods, Meeks established connections in would hire her after she graduated, advisor to the U.S. delegation to the was an additional commercial artery Savannah and New Orleans, eventually Ms. Simon found her true calling – U.N. Human Rights Commission on (and provided access to cheaper residen- expanding his product line by selling advocating for a wide range of issues. Civil Rights. And in January 1959, tial rents for shop owners and dealers) to “sideboards and bureaus, elegant She promoted the placing of women Governor Nelson A. Rockefeller support the trade of not only armoires, ladies’ dressing tables, writing on juries, as well as reform of the ‘New appointed her Secretary of the State Washington Market, but also the busi- desks and tables…mahogany bedsteads, York City Women’s Court,’ a special- of New York. Four years later, she was nesses of Vesey Street. Washington clocks and cases…first quality Windsor ized criminal court established in 1910 appointed to the New York Court of Market closed on December 31, 1956 chairs… .” By 1833, Joseph Meeks & at the behest of vocal anti-prostitution Claims and remained on the bench and was demolished the following year. Sons had become one of the largest fur- crusaders. Plagued by decades of con- until 1971. Thereafter, Judge Simon My family mourned its end because for niture firms in New York City with a troversy, in 1967 the New York City continued her public interest activities decades, we had purchased Westphalian specialty in rococo revival. Women’s Court closed its doors. and published articles on a variety of ham and German cheeses from Henry It is uncertain as to when Joseph Ms. Simon was also an advocate for issues, among them, discrimination, W. Rieger, a stall owner since 1896. The Meeks retired from the firm, but upon its education and birth control. Active in jury service, youthful offenders and Washington Market area was con- move to 14 Vesey Street, the name local and state government, she the problems of women in society. demned in the 1960s, ultimately paving changed to J. & J.W. Meeks, named after served in various New York state gov- Judge Simon was also associated with the way for the erection of the World two of his eight children. It is by this ernment posts during World War II. the firm of Decker, Hubbard and Trade Center. name (always in large black stenciling on In these environs, the Meeks firm the underbelly of its furniture) that col- Ahead of her time, Ms. Simon worked Welden (a predecessor of Decker, flourished. Not only was the bustling lectors, museums and auction houses Hubbard, Welden & Sweeney). to end racial, religious and sex dis- Vesey Street providing him customers, place and date a piece as being made at crimination early in her career. In the Judge Simon remained active into suppliers and transportation, but the Vesey Street factory. Joseph Meeks 1940s, she helped draft the nation’s her 90s, outliving her husband, Leopard throughout the first half of the 19th cen- died on July 21, 1868 at his estate in Islip, first state law banning bias based on King Simon, who was also an attorney. tury, New York City was the center for Long Island at the age of 97. The New religion, race or nationality in Dedicated, steadfast and determined, the manufacture of high-end furniture in York Times reported that “[h]e was the employment, and was a founding Judge Simon led the nation in imposing the U.S. The firm, run by three genera- oldest resident of New York who was member of the New York State regulations against racial ‘blockbusting’ tions of Meeks - from 1797 until 1869 - born in the City.” Meeks, his sons and Commission Against Discrimination. by real estate brokers and championed was one of the city’s principal furniture their families are all buried in Green- She was also a member of the laws against discrimination in jobs and establishments. Although Meeks pro- Wood Cemetery, Brooklyn. American Jewish Committee. housing. She was a true pioneer in duced a quality and style that was com- Ms. Simon was a longtime fighting discrimination and overcame petitive with his distinguished The Astor Years, 1908-1926 NYCLA member. She joined in 1940 the obstacles that women faced in the contemporaries (Duncan Phyfe, Honore Although the J. & J.W. Meeks firm and remained a member until her legal profession. Lannuier and Alexander Roux), he did prospered throughout its 33 years at 14 not achieve commensurate fame. See 14 VESEY STREET, Page 13 12 June 2007 / New York County Lawyer Annual Report Newly inducted Officers From Page 8 proposed regulations providing for From Page 10 guiding force behind the Minority and “Adjustment of the Immigration and SECRETARY the Law Committee’s Gala Auction, leadership role in the profession. Naturalization Benefit Application and LOUIS CRESPO which benefits the Summer Minority The Criminal Justice Section endorsed and Petition Fee Schedule,” published in the Special Referee, New York County Judicial Internship Program. commented on the Final Report of Chief Judge Federal Register, February 1, 2007. Judith S. Kaye’s Commission on the Future of The Professional Ethics Committee report, Supreme Court Catherine A. Christian, NYCLA President, Indigent Defense Service, calling it “a defining adopted by the Board, recommended that DR Louis Crespo is a Special Referee at poses with Hon. Robert Morgenthau, moment for indigent defense in this State.” The 5-103(B) and DR 2-101(L) be amended to con- the New York County Supreme Court Manhattan District Attorney (top); Ann B. Board adopted the Section’s comments, which form to and be consistent with the intent and where he hears, reports on and/or deter- Lesk, President Elect (middle); and Hon. included support for the creation of a statewide purpose of the New York State Legislature’s mines issues referred by Justices of the George Bundy Smith, Chair of the NYCLA Indigent Defense Commission. The Criminal amendment to Section 488 with regard to the Supreme Court. Mr. Crespo co-chairs Justice Center Advisory Board (bottom). Justice Section also prepared a letter, adopted by attorney-client relationship in payment of the Membership Committee and is a the Board, in support of the New York State Bar legal costs and expenses. Association’s “Report on Collateral Consequences The Professional Ethics and Professional member of the Minorities and the Law of Criminal Proceedings.” Discipline Committees and the Task Force on Committee (of which he is a former Co- The Family Court and Child Welfare Ethics Reform issued a report, adopted by the Chair) and the Liaison from the Committee issued a letter to New York State Board, titled “Comments on the Advertising Committee on Committees to the Civil Governor George Pataki in support of S.8096, a Amendments to the Lawyer’s Code of Rights, Professional Discipline and right to counsel bill for indigent persons Professional Responsibility” as proposed by Senior Lawyers Committees and the involved in child custody, domestic violence the Presiding Justices of the Appellate Tort Law Section. He has been the and contempt cases. Division. The Family Court and Child Welfare The Professional Ethics Committee also pub- Committee produced a pamphlet, titled lished Opinion Number 736, which is about the “Custody and Visitation in Family Court,” which propriety of fee agreements changing legal fees will be translated into Spanish and distributed in prospectively from a contingency to an hourly fee the Family Courts in New York City. The if a client refuses a settlement offer. Committee hopes to have the pamphlet trans- The Supreme Court Committee comments on lated into Russian, Creole and Chinese as well. the New York State Bar Association’s Report of The Federal Courts Committee’s report, “A the Task Force on Electronic Filing were adopted Recommendation for the Uniformity of Some by the Board. Case Management/Electronic Case Files NYCLA joined in the issuance of a report, (CM/ECF) Protocols,” was adopted by the prepared by the Arbitration and ADR Board. The Report recommended standardizing Committee, recommending the enactment of some CM/ECF protocols throughout the federal the Consensus Version of the Revised Uniform courts to reduce attorney confusion, the inci- Arbitration Act (NY RUAA), which seeks to dence of attorney error and each district’s costs improve New York State’s arbitration law in for developing and implementing the protocols. addition to helping preserve the State’s leader- The Foreign and International Law Committee ship role in arbitration in the United States. issued a report, titled “Report on October 9, 2006 The New York State Bar Association and the Test Detonation of an Alleged Nuclear Device by New York City Bar Association have also the Democratic Republic of Korea.” issued the Report and supported enactment of Kenneth J. Bialkin, a former NYCLA The Immigration and Nationality Law the proposed legislation. president (1986-1988), chats with Hon. Committee prepared comments, which were Robert Morgenthau, Manhattan District approved by the Executive Committee, on the See ANNUAL REPORT, Page 15 Attorney. June 2007 / New York County Lawyer 13 NYCLA EXTENDS ITS CONGRATULATIONS TO THE FOLLOWING LAW STUDENT MEMBERS ON THEIR GRADUATION Albany Law School, Union University Maris Jade Katz Myles Phillip McKenna Kelly L. Wines Kimberly Christine Petillo Helen Lok Ryan C. Micallet Fei-Lu Qian Jocelyn Debra Ram Siddhya Mishra Catholic University of America, Columbus Scott Roe Cassandra M. Porter School of Law American University - Washington College Kimberly J. Seluga Nicholas S. Ratush Andrew N. Stein of Law Angela C. Tordesillas Erica Razook Miki Kamijyo Davida Michelle Walsh Kate Rohrer College of William & Mary School of Law Robert Peter Sheridan Sandhya Ganapathy Boston College Law School Brooklyn Law School David J. Cohen Keith Billotti Cardozo School of Law, Columbia University School of Law Peter D. Rahaghi Eric S. Chafetz Yeshiva University Jorge Avitia Alexander Rheaume David Herbert Faux Jason Berman Katie Beauregard Gregory Fox David Allen Bernstein Bryan A. Brooks Boston University School of Law Alexander Charles Gross Brianne Biggiani Zvi Gabbay Sean Chao Virpi H. Kanervo Jacob Birnbaum David Mark Hutchins Liv Mills-Carlisle Meera Malhotra Rachel Blumenthal Epstein Alaine M. Morgan ELECTRONIC RESEARCH CENTER Adam Joseph Friedl Neil T. Reddy Darius Adam Marzec Avani M. Shah From Page 9 Wednesday, June 20 Svetlana Mirkis Erica Carolyn Smilevski WESTLAW: INTERNATIONAL 10:00–12:30 PM Peter M. Nurnberg Whitney D. Soderholm LAW RESEARCH BANKRUPTCY COURT ELEC- Catherine Flores Silie 1 MCLE Credit: 1 Skills; TRONIC CASE FILING SYSTEM See LAW STUDENTS, Page 14 Transitional 2.5 MCLE Credits: 2.5 Skills; Member: FREE Transitional Non-Member: FREE Member: $65 Non-Member: $85 Friday, June 15 Non-Legal Staff: $35 14 Vesey Street 3:00–4:00 PM WESTLAW: CRIMINAL LAW Wednesday, June 20 From Page 11 few generations of Astors during his life- RESEARCH 6:00–7:30 PM Vesey Street, it did not last a year after the time. In 1926, John Jacob Astor 2nd put up 1 MCLE Credit: 1 Skills; INTERNET LEGAL RESOURCES: death of its patriarch in 1868. By the fol- for sale 12-14-16 Vesey Street/6-8-10 Transitional IMMIGRATION lowing year, Meeks’s sons permanently Barclay Street, which he had inherited Member: FREE 1.5 MCLE Credits: 1.5 Skills; retired from the furniture business and, by from his father in 1919. Non-Member: FREE Transitional the end of that year, they had auctioned Beginning in 1923, Cromwell looked off their inventory and concentrated on for a permanent home for the New York Member: $65 the management of their father’s estate, County Lawyers’ Association, which had Tuesday, June 19 Non-Member: $85 which held considerable commercial and been established 15 years earlier. In 10:30–11:45 PM Non-Legal Staff: $35 residential real estate. By 1878, sons John August of 1926, Cromwell closed his pur- BLOOMBERG PROFESSIONAL: and Joseph W. had died and their collec- chase of the 75-by-200-foot Vesey Street INTRODUCTORY CLASS Thursday, June 21 tive estates held not only the 14 Vesey properties for $1 million and offered 1.5 MCLE Credits: 1 Skills; .5 Law 10:00-11:00AM Street address but also 18, 26, 28 and 30 NYCLA an option to purchase 14 Vesey Practice WESTLAW: ADVANCED Vesey. On March 19, 1909, after ten years Street by December 31, 1926. By March Transitional 1 MCLE Credit: 1 Skills; of litigation over the estate of Joseph W. 1927, the Association’s building fund was Member: FREE Transitional Meeks, his heirs auctioned off the proper- sufficient to exercise the option and Non-Member: FREE Member: FREE ties, with all Vesey Street parcels going to NYCLA bought the parcel for number 14 Non-Member: FREE William Waldorf Astor, 1st Viscount Astor Vesey Street from Cromwell at his cost. Tuesday, June 19 (1848-1919), the “English House” of Reaching as far into the future as pos- 6:00–7:30 PM Tuesday, June 26 Astor, on behalf of the estate of his father, sible in order to protect his intent to INTERNET LEGAL RESOURCES: 10:00-11:00AM John Jacob Astor III (1822-1890), for ensure the future of NYCLA, he placed a AN OVERVIEW WESTLAW: EMPLOYMENT LAW $507,500. The estate already owned the restrictive covenant on the deed, vowing 1.5 MCLE Credits: 1.5 Skills; RESEARCH Barclay Street half of the infamous Astor that the land never be used for “commer- Transitional 1 MCLE Credit: 1 Skills; House hotel located on the corner. cial, residential, restaurant or business Member: $65 Transitional William’s first cousin, John Jacob Astor IV purposes.” He contributed another Non-Member: $85 Member: FREE (1864-1912), the “American House,” $500,000 to the cost of construction and Non-Legal Staff: $35 Non-Member: FREE owned the Vesey Street half. Befitting of was instrumental in landing Cass Gilbert their notorious intra-familial rivalry, as its architect. NYCLA opened the William purchased Nos. 8 and 10 Barclay doors of its new home on May 27, 1930. CLE PROGRAMS Street, (the lots making up two thirds of NYCLA’s expansion eventually led to its NYCLA’s backyard), thus surrounding his purchase of what Cromwell had kept for From Page 7 BOUNDS OF AGGRESSIVE cousin’s holdings in the ancestral Astor himself back in 1926 – Nos. 6-8-10 6 MCLE Credits: 2 Ethics; 2 Skills; 2 LITIGATION - 2007 UPDATE family property. Barclay Street. At some point prior to his Professional Practice; Transitional and 3 MCLE Credits: 3 Ethics; Astor House was demolished in 1915, a death, Cromwell divested himself of Non-Transitional Non-Transitional year after John Jacob Astor IV perished on these Barclay Street properties with one the Titanic. In 1925, the son of William of the subsequent owners being the Early Registration (on or before 6/9) Early Registration (on or before 6/17) Waldorf Astor, John Jacob Astor, 2nd Mutual Life Insurance Company, which Member: $145 Non-Member: $185 Member: $95 Non-Member: $120 Registration Fee (6/18 - 6/19) Viscount Astor and 1st Baron Astor of sold them in 1947. In May of 1961, Registration Fee (6/10 - 6/11) NYCLA purchased these lots from Member: $120 Non-Member: $145 Hever (1886-1971), sold his father’s half to Member: $170 Non-Member: $210 the developers of the Transportation another owner for $440,000 and owned Building that exists today at 225 them until the mid 1980s. Tuesday, June 12 Wednesday, June 27 Broadway. In 1917, the son of John Jacob Next month: Part III - Ancestral ten- 6:00 - 9:00 PM 5:30 - 8:30 PM Astor IV, William Vincent Astor (1891- ants of present day 14 Vesey Street TERRORISM AND THE PATRIOT VIDEO REPLAY: 1959), completed an office building remi- ACT – NSA LETTERS, GOING ANATOMY OF A DEPOSITION niscent of the old hotel that remains to this K. Jacob Ruppert, Esq. is the Judicial POSTAL! OUR CONSTITUTIONAL 3 MCLE Credits: 3 Skills; day at 217 Broadway (with Staples as its Law Clerk to Hon. Stephen B. Beasley of RIGHTS UNDER SIEGE Non-Transitional anchor tenant) only to sell it in 1955, the 11th Judicial District Court of the 3 MCLE Credits: 3 Professional Early Registration (on or before 6/25) ending 155 years of Astor family owner- State of Louisiana and served as Senior Practice; Transitional and Member: $95 Non-Member: $120 ship of this one block on Broadway. Program Attorney for the New York Non-Transitional Registration Fee (6/26 - 6/27) County Lawyers’ Association’s CLE Early Registration (on or before 6/10) Member: $120 Non-Member: $145 The Cromwell-NYCLA Years Institute from 2001-2004. Born in New Member: $125 Non-Member: $165 William Vincent Astor was now in con- Orleans, he comes from a deeply rooted Registration Fee (6/11 - 6/12) Please Note: Transitional courses are trol of his late father’s Vesey Street hold- New York family and is an ardent histo- Member: $150 Non-Member: $190 appropriate for newly admitted attor- ings. William Nelson Cromwell rian of lower Manhattan and Yorkville. neys. Non-transitional courses are not (1854-1948) was surely no stranger to the His current writing projects include arti- Tuesday, June 19 acceptable for newly admitted attorneys. Astor family throughout his phenomenal cles on the late Justice Fred J. Cassibry of 8:30 -11:00 AM Transitional and non-transitional courses career as an attorney, entrepreneur, Louisiana and the forgotten estates of diplomat and philanthropist. Both men Point View in Rumson, NJ and Linwood BREAKFAST WITH NYCLA - are appropriate for both newly admitted attorneys and experienced attorneys. were active members of the Pilgrims in Rhinebeck, NY. Mr. Ruppert can be VIDEO REPLAY: ETHICAL Society and certainly Cromwell knew a reached at [email protected]. 14 June 2007 / New York County Lawyer Thomas R. Maeglin Kyana R. Mc Cain Jeffrey Lance Wilson LAW STUDENTS John Murray Sumati Menda From Page 13 Hoyoon Nam Gene W. Rosen Syracuse University College of Law Joshua E. Peck Kimberley Smith Soper John Lewis Ford Cornell Law School Maya Rabinovitch Giulio Carini Megan B. Rosselle Howard University School of Law Thomas M. Cooley Law School Lauren DeMasi Jason W. Sunshine Adrienne Freeman Joseph K. Jones Matthew D. Hindin Alison M. Trainor Autumn Maria Montague T’Sah Rodriguez Cecilie Howard William R. Thornewell Young Joseph Lee Irina Vainberg Michigan State University College of Law Touro College - Fuchsberg Law Center Jordan Vander Veen Amnon Z. Wenger Lisa S. Vara-Gulmez Alessandra De Stefanis Mehmet Oguz Karliyil City University of New York School of Law Franklin Pierce Law Center New York Law School Michelle Marie Leonard Alan R. Carena Jamie Roy Lynn Michael J. Dillon Vandana Padinjare Marath John Chang Marcey L. Grigsby Kenneth Woll Katherine Hung George Washington University Law Center Sue Liu Barry M. Robertson David Alan Geoffrey Joana M. Lucashuk Tulane Law School Ann McCamey Tony Mirvis Pia Das DePaul University College of Law Matthew Edward Moersfelder Aimee Lauren Sklar Linda A. Amato Asha Smith University at Buffalo Law School, State Duke University Georgetown University Law Center Stacy L. Turbowitz University of New York Evidiki Poumpouridis Henry Chen Sheafe B. Walker Jessica L. Leonard Steven R. Fairchild Lesli Scot Wybiral Emory University School of Law Darius J. Goldman Sigrid Zielinski University of California, Berkeley School of Matthew Garofalo Garofalo Erin Louise Lien Law Amy B. Kletnick Jessica M. Mazzaro New York University School of Law Eric J. Setliff Eunice Rim Jamie E. Ruf Shiri R. Bilik Paul Anton Schittek Michelle Chui University of California, Hastings College of Fordham University School of Law Pamela R. Shisler Jordan Fletcher Law Jaclyn Amsel Ruvym Daniel Gilman Jessica Fourneret Ajay D. Chheda Harvard University Law School Justin L. Harris Brian Danitz Heather Jeanne Ford David R. Hoffman University of Connecticut School of Law Kimberley Ann Gavin Jessica L. Maroney Heidi Jo Johanns Eden Hauslaib Daniel M. Gotlieb Heather C. McNaught Michelle M. Kamme Anita Sinha Andrea Abra Green Arabella Yip Jessica L. Kaufman Gillian P. Groarke Jeremy Joseph Keele University of Houston Law Center Diana M. Haladey Hofstra University School of Law Stuart W. Lawrence Amy G. Klann Jeremy Hellman Jennifer B. Callinan Essence Liburd Suzi M. Hengl Norley Emilse Castaneda Daniel Peter Margolis University of Miami School of Law Kristin A. Johnson Michael Dominic D’Angelo Sameerah Oodally Brandon L. Lowy Jennifer Brooke Kettner Christy M. DeMelfi Rachel A. Owens University of Michigan Law School Anne Elise Li Bennett D. Kirschner Danielle Scalzo Emily K. Gottheimer Michael A. MacDougall Roman Kuzmin David Michael Stohzyus James Crawford Maclean Shannon E. Sullivan Adam Dean Mandel Tyler E. Ulrich Heidi Manschreck Elizabeth J. Young Eunice Rho Ryan Yate Northeastern University, School of Law Kathryn Fugina University of Minnesota Law School Erin Mary Hickey Angela Cheryl Ni

Nova Southeastern University University of North Carolina, School of Law Michael Huerta Jeremy M. Falcone Daniel Stephen Matthews Pace University Law School Kunal Nandy Diane Joy Eisnitz University of Pennsylvania Law School Quinnipiac College School of Law Faith Louise Carter Jennifer Therese Benedetto Steven Charles Hough John Patrick Johnston Rutgers University School of Law Erik Ludwig Ben A. Kaplan Norman R. Ostrove Derek S. Tarson Jessica V. Purcell Greg Trif Kara Danielle Siegel M. Brendan Smith Seton Hall University School of Law Austin Maxwell Berry University of Pittsburg School of Law Michael L. Calder Hany Waheeb Rizkalla James T. Elliott Matthew J. Faust University of Virginia School of Law Alex Katz James Robert Lederer Todd C. Landis Andrea L. Parisi Inkyung Lee Matthew John Sandiford Derek T. Nececkas Christopher M. Timmel Eric T. Schreiber Geoffrey Richard Smull University of Washington School of Law Elizabeth L. Schubert Southern Methodist University School of Law Jenni Cowan Vanderbilt University School of Law David S. Johnson Veronica Allen Kate Duff St. John’s University School of Law Corey Acri Wake Forest University School of Law Hayley Marie Buckridge Knut L. Nodeland Julie Marie Chelico Kerry K. Jardine Yale Law School Robert J. Maher Nora Bojar Tionnei M. Thompson Charles R. Korsmo Noah L. Walker Katherine C. McDaniel June 2007 / New York County Lawyer 15 produced and adopted by the NYCLA Board: in one of four working groups discussing how dif- Report on Right to Counsel in Housing Court, ferent types of cases are handled in Family Court Annual Report Report on Protocols for Judges in the Settlement and developing recommendations for change, as and Trial of Cases Involving Unrepresented well as measures of accountability. Conference From Page 12 Task Force on Judicial Selection Litigants in Housing Court, and Report on proceedings, including papers commissioned for For more than three years, the Task Force on Resources in Housing Court. The first report the conference, working group reports, closing Foreign Bar Affiliations Judicial Selection, co-chaired by NYCLA Past reviews NYCLA’s considerable efforts to secure a plenary recommendations and reply articles, will NYCLA renewed its two-year agreement with President Rosalind S. Fink and Board Member right to counsel, as well as funding for such a right, be published in the Summer 2007 issue of the the Lille Bar Association, Lille, France, which Susan B. Lindenauer, has produced a steady stream so poor people will be represented by lawyers in Columbia Journal of Law and Social Problems. encourages “collegiality, cooperation and informa- of reports and testimony on a broad range of topics cases that affect their ability to remain in their NYCLA and Columbia Law School have tion exchange between the two associations.” The related to judicial selection and judicial ethics. This homes. The pathbreaking protocols report, accom- planned a second conference for July to discuss Association entered into a similar agreement with year, the Task Force prepared a resolution, adopted panied by a memo providing the ethical founda- the recommendations in both a national and local the Kent Law Society, England. In the fall of 2006, by the NYCLA Board, calling for the New York tion for the recommended protocols and best context, after which NYCLA will empanel a task we met with representatives from both of these bar State Assembly and Senate to hold joint hearings in practices, offers the most detailed guidelines to force as it did with the previous conferences, to associations and had discussions about the similar- response to the Lopez-Torres decision, which date published in the United States for judges develop strategies for implementing conference ities (and differences) of our legal systems. found the current convention system by which New dealing with unrepresented litigants and will be recommendations. Many thanks to Professor York State Supreme Court Justices are elected sent to the ABA for consideration at a House of Spinak, the planning committee and those who Amicus Brief unconstitutional. I also testified at a hearing last Delegates meeting. The report on Housing Court served as working group and plenary facilitators, October 2006 – NYCLA joined in the filing of November of the Assembly Standing Committee resources includes extensive recommendations as well as to the Columbia Law School students an amicus brief on Velasquez v. Legal Services on Judiciary, held at the Home of Law, about about procedures to be followed when Guardians who did a splendid job as reporters. Corporation, challenging the constitutionality of NYCLA’s recommendations for long-term reform, Ad Litem are assigned to cases of people with restrictions imposed by Congress on federally detailed in last year’s report, Judicial Selection in diminished capacity. NYCLA will continue to Youth Law Education Project funded legal service programs that provide ser- New York State: A Roadmap for Reform.In pursue the implementation of recommended In March, NYCLA published the second edi- vices to low-income people. Among the organiza- January, I sent a letter to Governor Spitzer out- reforms and initiatives in the Housing Court. tion of the NYC Youth Law Manual, a 23-chapter tions joining NYCLA in the brief were the New lining our support of judicial selection reform. resource for high school teachers of law-related York City Bar Association and the Lesbian, Gay, A Task Force Subcommittee on Administrative Family Court Conference education and their students. The Manual pro- Bisexual and Transgender Law Association of Law Judges (ALJ’s), chaired by Thomas V.Marino, In October 2006, the Justice Center hosted a vides students with information about their rights Greater New York. analyzed the City’s proposed Code of Conduct for two-day conference at NYCLA, “Family Court in and responsibilities on topics ranging from civil ALJ’s and helped prepare testimony I delivered in New York City in the 21st Century: What Are Its rights, to criminal law, to consumer rights, and TASK FORCES January at a hearing on the code held in the Office Roles and Responsibilities?” The third confer- includes useful hotlines and websites. In cooper- of Administrative Tribunals and Hearings. The ence in the series NYCLA has sponsored to ana- ation with the Justice Resource Center, headed Task Force on Ethics Reform NYCLA testimony highlighted the need for judi- lyze the challenges facing New York City courts, by Debra Lesser, and NYCLA’s Law-Related Under the leadership of co-chairs Martin cial independence and called for a Mayoral order the conference considered whether and how the Education Committee, chaired by Hon. Richard Minkowitz and Lewis Tesser, the NYCLA Task detailing procedures to ensure that judicial inde- Family Court is confronting the challenges of the Lee Price, NYCLA has already sponsored two Force on Ethics Reform continued to review and pendence is protected in the numerous agencies new century, in light of ever-changing social and teacher training seminars to provide teachers comment on proposals by the State Bar where ALJ’s are employed. Task Force co-chairs economic conditions. The conference planning with a more in-depth understanding of Manual Committee on Standards of Attorney Conduct to and members are to be commended for their sus- committee was chaired by Professor Jane Spinak topics and has planned a citywide student confer- reform New York State’s Code of Professional tained interest in and excellent reports on many of Columbia Law School and comprised promi- ence for June 1. NYCLA is deeply indebted to the Conduct and adopt a modified version of the aspects of judicial selection. nent academics, advocates and practitioners. many volunteers who contributed to the Manual, ABA’s Model Rules of Professional Conduct. Columbia Law School co-sponsored the event; including a team of associates and partners at The Task Force presented four comprehensive Task Force on Corporate Governance four other metropolitan-area law schools—City Cadwalader, Wickersham & Taft LLP who pro- reports, adopted by the NYCLA Board, on pro- In addition to its best practices report (noted University of New York School of Law,The Louis duced the manuscript, as well as Justice Center posed rules on topics ranging from lawyer adver- in the Governance section of this Annual Stein Center for Law and Ethics of Fordham Advisory Board members and NYCLA com- tising to non-compete agreements. NYCLA is Report), the Task Force on Corporate University School of Law, Hofstra University mittee chairs who vetted chapters in their areas of indebted to Marty, Lew and Task Force members Governance issued a report regarding the New School of Law and St. John’s University School of expertise. Special thanks to Marilyn Flood who for engaging in this multi-year project with such York State Bar Association’s “Proposed Code of Law—played key roles as supporting organiza- zeal and thoughtfulness. Conduct for Its Association Leaders.” tions. Eighty participants spent most of two days See ANNUAL REPORT, Page 17

Task Force on Judicial Independence JUSTICE CENTER In less than a year, the Task Force on Judicial Under the dedicated leadership of its chair, Independence, co-chaired by Hon. Betty John D. Feerick, former dean of Fordham Weinberg Ellerin, former First Department University School of Law, and an energetic advi- Presiding Justice, and Norman L. Reimer, sory board, the Justice Center sponsored a Immediate Past President of NYCLA, has spon- number of important events and projects in ful- sored a remarkable array of events. The Task fillment of its mission to promote access to justice Force convened two meetings with representa- and act as a catalyst for meaningful improvement tives of the print and electronic media to discuss in, and a positive perception of, the administra- the relationship between the media and the judi- tion of justice in New York State. NYCLA deeply ciary and resulting pressures on judicial indepen- appreciates John Feerick’s and the Advisory dence, and three focus groups with state and Board’s wise counsel and commitment. federal judges to gather information about what judges perceive to be pressures affecting their Task Force on the Housing Court independence. On June 14, the Task Force is Chaired by Hon. Marcy Friedman, Justice, New holding a one-day conference for judges to discuss York State Supreme Court, and Paula Galowitz, the issues identified in the focus groups and to Clinical Professor of Law, New York University generate recommendations for what NYCLA can School of Law, the Task Force on the Housing do to alleviate inappropriate pressures and pro- Court analyzed the recommendations produced by tect judicial independence. Many thanks to NYCLA’s 2004 conference on the Housing Court Justice Ellerin and Norman and to all the Task and established three subcommittees to focus on Force members who have devoted considerable the key areas of right to counsel, resources, and time and energy to the important issue of judicial protocols and best practices. After months of independence and to their commitment to coming research, meetings with judges and deliberations up with practical recommendations for NYCLA. among Task Force members, three reports were

Unfair and Deceptive Acts and Practices

he definitive manual on using UDAP marketing, service contracts and more. A Tstatutes for disputes over auto sales CD-Rom includes sample complaints, and repairs, insurance, landlord/tenant discovery requests, motions, jury instruc- issues, mobile homes, utilities, debt col- tions, attorney fee documents, pleadings, lection, leasing, foreclosures, commercial and useful statutes and regulations. contracts, credit cards, loan brokers, tele- $130.00. Shipping is free!

LAWYERS WEEKLY BOOKS Go to http://books.lawyersweekly.com

or call 1-800-451-9998 today! H5Z307 019

June 2007 / New York County Lawyer 17

Justice of the Appellate Division, First Department.

NYCLA Foundation Annual Report Under chairman M. Robert Goldstein and president James B. Kobak Jr., the NYCLA Foundation is energetically soliciting From Page 15 Children’s Rights Committee’s “Violence Against Children: From contributions for the Centennial Capital Campaign. I am the Global to the Local” and “Violence Against Children: Child pleased to report that the Foundation has raised over served as editor-in-chief and spearheaded the fundraising to under- $1,280,000 to date. The purpose of the Campaign, which will write this multi-year project. Trafficking and Sexual Exploitation,” co-sponsored with the Women’s Rights Committee; Municipal Affairs Committee’s culminate in 2008 when NYCLA celebrates its 100th anniver- “Caught on Camera: Security Concerns vs. Privacy Rights,” co- sary, is to raise funds necessary to restore the landmarked High School Essay Contest Home of Law and replenish the endowment to ensure Each year NYCLA’s Law-Related Education Committee spon- sponsored with the Civil Rights and Cyberspace Law Committees, Criminal Justice Section and Hon. Alan J. NYCLA’s ability to fulfill its mission. Virtually 100 percent of sors an essay contest for high school students who earn prizes for the Foundation and NYCLA Boards have contributed to the winning essays. For the 2007 contest, the students wrote about the Gerson, City Council Member; Law and Literature Committee’s “An American Tragedy: The Dreiser Novel and the campaign, along with the following prominent firms: Cravath, pros and cons of allowing cell phones in schools. The prizes are Swain & Moore LLP, Holland & Knight, Hughes Hubbard & awarded at a ceremony attended by teachers and family members Real-Life Case,” co-sponsored with the New York City Bar Association; Solo and Small Firm Practice Committee’s “Hiring Reed LLP, Sidley Austin LLP, Skadden Arps, Slate Meagher & of the student winners. Justice Price and his committee are to be Flom LLP, Sullivan & Cromwell LLP,Thacher Proffitt & Wood commended for this popular and educational project. Panel Discussion”; Women’s Rights Committee’s “The Experiences of Women Jurists,” co-sponsored with the Minorities LLP, Weil Gotshal & Manges LLP, and White & Case LLP. Task Force on Professionalism Small and mid-size firms, NYCLA members and foundations Under the leadership of James B. Kobak Jr., the Task Force on and the Law Committee, Foreign and International Law Committee and the Women and Politics Institute, American will also be also targeted for capital contributions, as well as Professionalism continues to explore what practicing lawyers, law government agencies. school deans and judges think about the current state of profes- University’s School of Public Affairs; and Young Lawyers’ Section’s “Obtaining Choice Jobs Outside the Big Firms.” The Foundation has also successfully raised almost $330,000 sionalism in New York. The Task Force plans to hold public forums to support a variety of NYCLA programs, including Justice and eventually issue a comprehensive report. Special Events Center conferences, the Edith I. Spivack Award Program and the NYCLA’s special events constitute an invaluable way to recog- Summer Minority Judicial Internship Program. Uptown Justice Project We are profoundly grateful for the contributions from the In November 2006, the NYCLA Uptown Justice Project nize the leaders of our profession and promote public appreciation for our legal system. Thanks to our energetic committees led by NYCLA members, law firms, foundations and corporations sup- launched with a series of panel presentations for the Harlem com- porting our Centennial Capital Campaign and our other munity. Volunteer attorneys made presentations followed by a dedicated committee chairs and administered by NYCLA’s tal- ented staff, the Association held the following special events. fundraising efforts. I also want to thank Marilyn Flood, question-and-answer period on immigration, criminal justice, civil Executive Director of the Foundation, for her skillful rights and domestic relations issues. In June, the Civil Court Practice Section held its Annual Dinner at the New York Athletic Club and honored Hon. Martin Shulman, fundraising and non-profit management. Justice, Supreme Court of the State of New York, and Supervising Lectures and Receptions In Memory NYCLA committees and sections presented a series of lectures Judge, Civil Court of the City of New York, New York County. The award presentation and remarks were made by Hon. Joan B. Carey, The NYCLA community was saddened by the death of Cora T. and receptions: the Bankruptcy Law Committee held a reception Walker, a former Board member, in July 2006. Ms. Walker, who for Hon. James M. Peck, U.S. Bankruptcy Judge, Southern District Deputy Chief Administrative Judge for New York City Courts, and Hon. Fern A. Fisher, Justice, Supreme Court of the State of New practiced law in her Harlem neighborhood for more than half a of New York; the Family Court and Child Welfare Committee’s century, was the recipient of the 2006 Ida B. Wells-Barnett Justice Nanette Dembitz Memorial Lecture was given by Dr. Delores York, and Administrative Judge, Civil Court of the City of New York. In September, NYCLA held its Annual Public Service Awards Award. Ms. Walker was the first woman to serve as president of the Jones Brown, John Jay College, Mishi Faruqee, Director, Juvenile Harlem Lawyers’ Association and helped launch the Corporate Justice Project, Correctional Association of New York, Mie Lewis, Reception recognizing eight public sector attorneys. The Association’s Award for Conspicuous Service was presented to Counsel Conference of the National Bar Association’s Commercial Staff Attorney and Aryeh Neier Fellow, ACLU Women’s Rights Law Section, aiding black attorneys with corporate law practice. Project, and moderated by Nancy Rosenbloom, Director of the Hon. Jonathan Lippman, Chief Administrative Judge, New York State, who delivered the keynote address. In addition, the Criminal Special Litigation Unit, The Legal Aid Society, Juvenile Rights Reflections Division; and the Matrimonial Law Section held a reception for Justice Section presented its Public Service Fellowships to two attorneys who practice criminal law in the public sector. Your accomplishments have been magnificent. I leave this Hon. Jacqueline W. Silbermann, Administrative Judge, Supreme office with every expectation and hope that we shall all have a Court, Civil Term, First Judicial District. In addition, the Supreme In October, the Federal Courts Committee held its Annual Luncheon Honoring the Federal Courts in New York City. Hon. greater and more illustrious future as the baton passes to Court Committee hosted the annual Judicial Reception honoring Catherine. I owe a great debt to every member of our staff, both newly elected, reelected, appointed and reappointed members of Kimba M. Wood, Chief Judge, United States District Court for the Southern District of New York, presented the Edward Weinfeld those named and unnamed above. I owe a debt to every member the state and federal judiciary, featuring remarks by special guest of the Board of Directors, to whom I have looked for solution and speaker Assemblywoman Helene E. Weinstein and special recogni- Award for Distinguished Contributions to the Administration of Justice to Hon. Charles L. Brieant, Judge, United States District resolution of all the matters that came before us. To my fellow offi- tion of Hon. John T. Buckley; and the Women’s Rights Committee cers, I am indebted and grateful for their wisdom, aid and assis- held its Tenth Annual Edith I. Spivack Award Reception honoring Court for the Southern District of New York. In December, NYCLA held its 92nd Annual Dinner at the tance. Catherine, Ann, Joel and Lou are being joined by your new Janet Benshoof, President and Founder of the Global Justice vice president Jim Kobak. I have worked with all these people for Center, and Founder of the Center for Reproductive Rights. Waldorf=Astoria. The theme was “Honoring Law Schools” and 58 law schools located in 12 Northeastern states and the District of years. They have become my friends. I would trust them with any- Columbia were recognized for their contributions to the rule of law. thing I hold precious. I know that we are in good hands. Public Fora Your new president is a jewel of this profession. She pos- Among the numerous public fora sponsored by NYCLA com- John D. Feerick, Sidney C. Norris Chair of Law in Public Service, Fordham University School of Law, and Founder of the Law sesses the skill, insight and charm that are the marks of a true mittees and sections were the: Arbitration and ADR Committee’s leader. Follow her flag. Heed her words. Stay the course. With “8th Annual NASD Listens…and Speaks,” co-sponsored with the School’s Feerick Center for Social Justice and Dispute Resolution, was the Dinner Chair. The William Nelson her, with Ann, with Jim, I know you will soar to new heights. Labor Relations and Employment Law and Securities and In concluding, I thank you all for the support and encourage- Exchanges Committees; Cyberspace Law Committee’s “Are You Cromwell Award was presented to Richard J. Bartlett, principal at Bartlett, Pontiff, Stewart & Rhodes, P.C. The keynote ment I have enjoyed in the last year. My parting words are a Googling Your Privacy Away?” and “Web 2.0: Upgrade Your Web direct quotation from the concluding sentence of Judge John Marketing,” co-sponsored with the Solo and Small Firm Practice speaker was Hon. Joseph M. McLaughlin, United States Circuit Court Judge for the Second Circuit Court of Appeals. Dillon’s first annual report to you on April 27, 1909. “I do so Committee, and “Network Neutrality: Will Regulation Preserve or with the feeling that we should congratulate ourselves on having Peril the Internet?”; Elder Law Committee’s “Caring for Aging In March, the Civil Court Practice Section held its Annual Luncheon Celebrating National Women’s History Month and accomplished so much of benefit to the profession in so short of Parents – Legal Issues Confronting Adult Children”; Election Law time, and with the confident belief that the spirit which has ani- Committee’s “New York’s Selection of Voting Machines,” co-spon- honored Hon. Juanita Bing Newton, Judge, Court of Claims, Administrative Judge, Criminal Court of New York City, and mated us in the past will enable us to accomplish still more in the sored with the Civil Rights, Minorities and the Law and Women’s future.” The past of which he spoke was only one year. The past Rights Committees; Federal Courts Committee’s “Review of Deputy Chief Administrative Judge, Justice Initiatives. The award presentation and remarks were made by Hon. Jonathan of which I speak is almost a century. I am confident that our cur- Changes to Federal Rules of Civil Procedure” and “Federal Court rent past is only a “short time” compared to our future. Review of State Criminal Convictions – Proposed Changes,” co- Lippman, Chief Administrative Judge of New York. sponsored with the Appellate Courts Committee, Criminal Justice In May, the Supreme Court Committee held its Annual Section and New York State Bar Association’s Appellate Courts Luncheon at The Ritz-Carlton Hotel Downtown. The Judge Committee; Labor Relations and Employment Law Committee’s Louis J. Capozzoli Gavel Award was presented to Hon. Harold “Injuries and Claims of World Trade Center’s First Responders,” Baer Jr., United States District Judge for the Southern District co-sponsored with the Environmental Law, Health Law, Insurance of New York. Certificates for 25 Years of Distinguished Judicial Law and Municipal Affairs Committees; Law-Related Education Service were presented to Hon. Karla Moskowitz, Supreme Edwin David Robertson Committee and the New York Women’s Bar Association’s Court Justice, New York County, and Hon. David B. Saxe, May 24, 2007 ATTORNEY ETHICS HOTLINE June 1-15 June 16-30 July 1-15 July 15-31 Sidley Austin LLP (New York) seeks a senior Lewis Tesser Don Savata Mara Davis Cecilia Fanelli attorney in Corporate M&A w/ JD or equiv. & 7 yrs. 212-754-9000 212-983-6000 917-626-2838 212-806-6158 *Questions to the Hotline are limited to an inquiring attorney’s prospective conduct. The Hotline does not answer questions regarding past conduct, the con- exp. incl. domestic and cross border mergers, duct of other attorneys, questions that are being litigated or before a disciplinary 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, acquisitions, divestitures and joint ventures, public September 2006, New York County Lawyer, Vol. 2, No. 7. offerings of equity securities, and private DIRECTIONS TO NYCLA placements of equity, debt and convertible SUBSTANCE ABUSE HOTLINE NYCLA is located at 14 Vesey Street between Broadway and Attorneys, judges, law students and members of their Church, across the street from St. Paul’s Chapel and around securities. Resume & cover letter to immediate families can get confidential help with al- the corner from City Hall. [email protected] with 10 in By Subway: 2 and 3 to Park Place; A, C and E to Cham- cohol or substance-abuse problems 24 hours a day, bers Street; 4, 5 and M to Fulton Street. seven days a week, by calling the toll-free hotline 800- subject heading. No calls. EOE. By Bus: M103 to City Hall; M1 and M6 to Fulton Street 255-0569. 18 June 2007 / New York County Lawyer CLASSIFIEDS

WILLS, TRUSTS & ESTATES

FLORIDA ESTATES PROBATE AND ADMINISTRATION

Christopher T. Owen, P.A. 1903 S. Congress Avenue Suite 320 Boynton Beach, Florida 33426 (561) 733-6003

New York Office: 200 Madison Avenue Suite 510 New York, New York 10016 (212) 725-7969

Florida Practice Limited to Wills, Trusts and Estates

BUSINESS CARDS IT PAYS TO ADVERTISE IN NEW YORK COUNTY LAWYER Are you too busy practicing law and running a firm to focus on using marketing and public relations Call: to grow your practice? Joe Parrino www.lawmarketingpr.com

631-913-4253 631-595-7150 Serving Law Firms, CPAs, Financial Planners, and Professionals Since 1996

Fiduciary Accounting and Tax Service Barbara A. McConnell

Trust and Estate / Personal Hi-net worth / Gift / Foundation / Guardianship / Dedicated to the placement of attorneys and legal support staff to Manhattan and Court Accounting / Tax Returns Long Island law firms and corporations. Telephone: 631-754-1358 59 Nautilus Avenue Fax: 877-571-4023 Northport, NY 11768 E-mail: [email protected] OFFICE SPACE GARDEN CITY Up to 12 windowed offices available in new “green” CARLE PLACE building; includes spacious corner office. Secretary One Old Country Road space and conference room availability. Impressive Windowed Office, Secretarial Space reception area. Prime location near courts and LIRR - Abundant parking. Available immediately. Library, Conf. Room, Ample Parking. Call 516-294-8844, ext. 6316 Reasonable Rent (516) 739-6001 M-F 9-5

LEGAL SERVICES Classified Full 10-1/4 x13-3/4 Ad 1/2 10-1/4 x6-7/8 Sizes To ADVERTISE IN THIS LEGAL Kiss A Frog Tag Sales 1/4 5x6-7/8 Estate Sale & Tag Sale Specialists Please call SERVICES DIRECTORY CALL: Estate Sales about our 1/6 5x4-1/4 Tag Sales Full or Partial Home Contents rates Joe Parrino Cleanout Service 1/12 3-1/4 x2-1/2 631-913-4253 (516) 932-3998 (718)-343-1409 kissafrogtagsales.com 1/24 3-1/4 x1-1/2

Don’t Be Fooled By Those who Offer Less than Full Service Value!

MORE EXPOSURE MORE RESOURCES MORE SERVICES

• Mortgage Services • Title Insurance Services • Commercial Real Estate • Homeowners Insurance • Previews International • Concierge Services • International Relocation Services Traditional Marketing Services • Open House Events • Local/Regional/International Newspaper Advertising • Direct Mail – Just Listed Just Sold Programs

Custom Tailored Programs • Luxury Home Division full-servicefull-service plusplus • Exclusive Magazine Advertising • Elite Direct Mail Program • Professional Photography Services Coldwell Banker Residential Brokerage • Copywriting Services E Marketing Advantages invites you to learn more about our Full • All Our Websites Service Plus Commitment and why no other • ColdwellBankerMoves.com • ColdwellBanker.com company offers more resources, connections • Realtor.com • ColdwellBankerPreviews.com and expertise to ensure you get the highest • OpenHouse.com possible price for the sale of your home. • NYTimes.com • Search Engine Optimization Programs • Web Advertising Serving every neighborhood throughout • LeadRouter Immediate Response System Plus... Long Island & Queens. • International Referral Network • Brand Name Recognition For 100 Years Contact us at 800-648-2221 • Home Protection Plans

ColdwellBankerMoves.com

©2006 Coldwell Banker Real Estate Corporation. Coldwell Banker® is a registered trademark licensed to Coldwell Banker Real Estate Corporation. An Equal Opportunity Company. Equal Housing Opportunity. Owned and Operated by NRT Incorporated.

Coldwell Banker Mortgage, 3000 Leadenhall Road, Mt. Laurel, NJ 08054. Licensed Mortgage Banker - NYS Banker Department. Coldwell Banker is a registered trademark licensed to Coldwell Banker Real Estate Corporation.