JULY/AUGUST 2013 VOL. 85 | NO. 6 JournalNEW YORK STATE BAR ASSOCIATION Also in this Issue The Boston “Professional Reliability” Article 81 and Autism Massacre Trials Spectrum Disorder Revising Vietnam’s By John F. Tobin Constitution 2012 UM, UIM and SUM Law It’s All New! Coming September 2013 NYSBA’s new website at www.nysba.org BESTSELLERS FROM THE NYSBA BOOKSTORE July/August 2013 Admission to the Criminal and Civil Contempt, Legal Careers in New York State New York State Bar, 2012 2nd Ed. Government, 10th Edition All relevant statutes and rules, an overview of This second edition explores a number of aspects Everything you need to know about a career in admission procedures, a comprehensive table of of criminal and civil contempt under New York’s public service in state and municipal government statutory and rule cross-references, a subject-matter Judiciary and Penal Laws, focusing on contempt and the state court system. index and the N.Y. 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(2012–2013) PN: 41979 / Member $120 / List $170 / 1,268 pages PN: 40699 / Member $50 / List $60 / 230 pages Award-winning and packed wtih new information and forms for use in over 25 practice areas. Expand your professional knowledge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB2019 Order multiple titles to take advantage of our low flat rate shipping charge of $5.95 per order, regardless of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the continental U.S. Shipping and handling charges for orders shipped outside the continental U.S. will be based on destination and added to your total. NEW YORK STATE BAR ASSOCIATION JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Marvin N. Bagwell New York City Brian J. Barney Rochester Elissa D. Hecker Irvington Barry Kamins Brooklyn Jonathan Lippman New York City John R. McCarron, Jr. Carmel Eileen D. Millett New York City Thomas E. Myers Syracuse Gary D. Spivey Colorado Springs, Colorado Sharon L. Wick Buffalo MANAGING EDITOR Lawyer Referral and Daniel J. McMahon Albany e-mail: [email protected] Information Service ASSOCIATE EDITOR Nicholas J. Connolly Interested in expanding Tarrytown PUBLISHER your client base? Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF ASSISTANT EDITOR Joan Fucillo DESIGN Join the Lawyer Referral & Information Service Lori Herzing Erin Corcoran Jonathan Grandchamp Why Join? EDITORIAL OFFICES > Expand your client base > Benefit from our marketing strategies One Elk Street > Increase your bottom line Albany, NY 12207 (518) 463-3200 Overview of the Program FAX (518) 463-8844 www.nysba.org The New York State Bar Association Lawyer Referral and Information Service (LRIS) has been in existence since 1981. Our service provides referrals to attorneys like ADVERTISING REPRESENTATIVE you in 44 counties (check our website for a list of the eligible counties). Lawyers Network Media Partners who are members of LRIS pay an annual fee of $75 ($125 for non-NYSBA mem- Meredith Schwartz bers). Proof of malpractice insurance in the minimum amount of $100,000 is Executive Plaza 1, Suite 900 required of all participants. If you are retained by a referred client, you are 11350 McCormick Road Hunt Valley, MD 21031 required to pay LRIS a referral fee of 10% for any case fee of $500 or more. For (410) 584-1960 additional information, visit www.nysba.org/joinlr. e-mail: [email protected] Sign me up EUGENE C. GERHART Download the LRIS application at www.nysba.org/joinlr or call 1.800.342.3661 or (1912 – 2007) e-mail [email protected] to have an application sent to you. Editor-in-Chief, 1961 – 1998 GGiveive uuss a ccall!all! 8800.342.366100.342.3661 CONTENTS JULY/AUGUST 2013 THE BOSTON MASSACRE TRIALS BY JOHN F. TOBIN 10 DEPARTMENTS 22 The “Professional Reliability” Basis for Expert Opinion Testimony 5 President’s Message BY HON. JOHN M. CURRAN 8 CLE Seminar Schedule Article 81 Guardianships and Autism 18 Burden of Proof 26 BY DAVID PAUL HOROWITZ Spectrum Disorder 30 Point of View BY ANTHONY J. ENEA BY HON. MARK D. FOX AND MICHAEL L. FOX 47 Attorney Professionalism Forum 33 Constitutional Revision: 50 New Members Welcomed Democracy-Building in Vietnam 60 Classified Notices BY PAMELA S. KATZ 60 Index to Advertisers 37 2012 Review of UM, UIM and SUM Law 61 Language Tips BY JONATHAN A. DACHS BY GERTRUDE BLOCK 63 2013–2014 Officers 64 The Legal Writer BY GERALD LEBOVITS CARTOONS © CARTOONRESOURCE.COM The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2013 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publica- tion of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/August, September, October, November/December. Single copies $30. Library subscription rate is $200 annually. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | July/August 2013 | 3 PRESIDENT’S MESSAGE DAVID M. SCHRAVER Serving the Profession Through Technology e all know that the legal the top of the page to promote events, profession is changing rap- alert users to crisis response initiatives Widly, and one of the forces (such as last year’s response to Super- driving that change is technology.