COUNTYNEW YORK LAWYER September 2010 Visit us at www.nycla.org Volume 6 / Number 7 NYCLA’s Public Service Awards Reception INSIDE NYCLA will host its annual Public District of New York; Steven Stein Message from NYCLA Service Awards reception on Tuesday, Cushman, chief, Contract and Real Estate President James B. Kobak Jr.: September 28 at the Home of Law at 6:00 Division, City of New York Law PM. Hon. Loretta A. Preska, Chief Judge, Department; Karen Hambrick, supervising Arriving at a Principled United States District Court, Southern attorney, Harlem Community Law Office, Position on the Debate District of New York, will be the special Civil Practice, The Legal Aid Society; guest speaker at the event, which recog- Barbara K. Hathaway, assistant attorney Surrounding Construction nizes lawyers in the public sector who have general and special litigation counsel, New of Islamic Community distinguished themselves as role models, York State Attorney General’s Office; Joan innovators and problem solvers of complex Illuzi-Orbon, assistant district attorney, Center Pg. 3 legal issues. In addition, the Criminal chief, Hate Crimes Unit, District Justice Section’s Public Service Attorney’s Office, County of New York; NYCLA Ethics Institute’s Fellowships, based on an essay competi- and Susan Hofkin Salomon, senior litiga- tion, will be presented to two attorneys who tion specialist, Center for Appellate The New York Rules of practice criminal law in the public sector. Litigation. Professional Conduct The Public Service awardees are: Pamela To rsvp, email Alanna Gluck at K. Chen, chief, Civil Rights Unit, Criminal [email protected] and write ‘Public Published Pg. 5 Division, U.S. Attorney’s Office, Eastern Service Awards’ in the Subject line. Hon. Loretta A. Preska Membership Programs NYCLA Releases Initial Report Pg. 6 by Task Force on the Family Court Meet the Chairs and New Board Members Pg. 9 On August 12, NYCLA released the Report. Although some of the recommen- tional magnetometers without necessitat- Initial Report by its Task Force on the dations identified by the Task Force have ing overtime; prioritizing litigants held Family Court, which makes recommenda- already been implemented, the Task Force over to the afternoon to reduce unneces- Committees/Sections tions that “will result, ultimately, in a more chose to keep them in the Initial Report to sary delays; updating the intranet system to efficient, effective and just court.” Co- highlight their importance. The Report also expedite the petition processing and Information Pg. 13 chaired by Hon. Howard Miller, Justice of acknowledges longstanding positions expanding the information available at the Supreme Court, Appellate Division, NYCLA has advocated: consolidating and courthouse kiosks; and making that infor- TABLE OF 2nd Department, and Professor Jane M. restructuring the court system, increasing mation available in other languages to CONTENTS Spinak of Columbia Law School, the Task the number of New York City Family accommodate non-English-speaking liti- Force examined such questions as: “What Court judges, and rationalizing resources gants. Arbitrators and Mediators Needed for steps need to be taken to enhance the abil- within the court system to provide the Current Initiatives Sub-committee Attorney-Client Fee Dispute Program...........7 Bar Association of Lille Hosts ity of the court to hear and try cases quick- Family Court with essential resources to recommendations: Enhancing the case- International Conference ...............................5 ly and effectively? What initiatives are conduct its work fairly and effectively. management system, which includes court Committees/Sections Application....................13 being created and implemented by stake- Sub-Committees’ Recommendations conferencing and expansion of early CLE Programs..................................................14 holders and the court itself in the five bor- One recommendation made by the Task screening, triage and front-loaded services; CLE Tech Programs.........................................14 oughs? What information is currently Force’s Trial Practice Sub-committee, increasing the utilization of mediation and Doing Pro Bono Work for Professional Development.............................2 being collected by the court system?” which examined steps to enhance the court-connected services; increasing the Ethics Hotline...................................................15 “The Task Force built on the ideas gener- Court’s ability to hear and try cases quick- utilization of diversion programs; and Events Calendar .................................................2 ated at the two NYCLA conferences on the ly and effectively, is to set up a pilot pro- increasing data collection and analysis. How I Became a Land-Use Litigator...............11 Family Court held several years ago,” said gram in each borough where judges would Trial Practice Sub-committee recom- Library Notes .....................................................7 Meet the Chairs..................................................9 Professor Spinak. “We were especially use written affidavits in lieu of direct testi- mendations: Increasing the potential pool Meet Two New Board Members .......................9 interested in identifying ways to build on mony for witnesses in cases involving the of Judicial Hearing Officers by expanding Member News..................................................14 existing reform efforts while also encourag- termination of parental rights. the use of retired judges from outside New Membership Events .........................................12 ing the court system to step back and eval- Three other Sub-committees of the Task York City; using attorneys, under judicial Membership .......................................................6 uate those efforts in order to determine Force contributed sections of the Report. supervision, to manage court conferences; Message from the Director of the CLE Institute..4 Message from the President...............................3 which reforms were working and which The Point-of-Entry Sub-committee exam- holding trials in block times in the morning Metropolitan Museum’s Concerts needed to be reconsidered. At its core, the ined events taking place from the litigant’s on consecutive days; adjourning trials for and Lectures.................................................11 Task Force wanted to reconfirm the idea arrival at the courthouse to the filing of the not more than 30 days and only for good NYCLA Releases Family Court Report ............1 that the Family Court is a court of law and petition; the Current Initiatives Sub-com- cause shown; covering all substantive NYCLA’s Committees and Sections...............13 NYCLA Ethics Institute’s The New York needs the tools and resources to act as one.” mittee identified and analyzed many inno- hearings by court reporters; requiring court Rules of Professional Conduct ......................5 It is noteworthy that Family Court vative programs operating in the New York reporters to produce transcripts within two NYCLA Hosts Public Service Administrative Judge Edwina Richardson- City Family Court and with its stakeholders; weeks; and scanning all exhibits offered Awards Reception .........................................1 Mendelson’s Plan for the Future of New and the Information and Data Sub-commit- into evidence at trial, with copies provided NYCLA Art Committee’s First York City Family Court, released in early tee examined data collection and usage to all parties and the court. Annual Film Festival.....................................2 Practice of Law Series .....................................10 2010, addresses many of the goals and rec- among the Family Court stakeholders. The Information and Data Sub-committee: Pro Bono Opportunities.....................................3 ommendations of the NYCLA Task Force four Sub-committees’ recommendations Bringing together all of the stakeholders in Public Policy Developments..............................4 include: the Family Court to collectively assess and Recent Events.....................................................8 compare their current data-collection sys- Substance Abuse Hotline.................................10 2010 Attorneys’ Guide.......................................7 Point-of-Entry Sub-committee recom- tems; having the stakeholders collectively 2010 New York County Criminal mendations: Staggering shifts for court agree what data would be informative and Courts Manual.............................................11 officers to permit the operation of addi- (See NYCLA Task Force on Page 10) Tips for Lawyers on Proof, Privacy and E-Signatures..........................................11 2 September 2010 / The New York County Lawyer EVENTS CALENDAR Doing Pro Bono Work for Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. Professional Development Admission: $5 for each showing (There September will also be showings on November 3 Doing pro bono work can often Ms. Konrad has published arti- and December 1.) Send a check, made lead to profitable new business. In cles in numerous publications, SPECIAL EVENT: CRIMINAL payable to NYCLA, to NYCLA - Film this program, learn how different including Fortune magazine, JUSTICE SECTION’S COCKTAIL Festival, 14 Vesey Street, New York, types of legal work can lead to pro- books on marketing and busi- RECEPTION CELEBRATING THE NY 10007. Proceeds from the Festival fessional