NYSBA FALL 2010 | VOL. 2 | NO. 2 The Senior Lawyer A publication of the Senior Lawyers Section of the New York State Bar Association The Supreme Centenarian—The Story of the Life and Legal Career of Samuel Hazard Gillespie Celebrating 100 Years of Risks Taken Also Inside • Amendments to New York State Power of • Electronic Contracts and Signatures Attorney Law • E-discovery “Worst Practices” • New York’s Family Health Care Decisions • Legal Implications and Ethics of Social Act Networking • Active Senior Lawyers—”Not Done Yet” • Elder Abuse: Intervention and Prevention • ADR Forums and Creative Mediation Techniques • Tax Impact of a Surrender or Sale of Life Insurance Make the Most of www.nysba.org with Senior Lawyer Section Resources at www.nysba.org/SLS • About the Section — Learn about the section purpose, profi le, scope of activities and offi cers • The Senior Lawyer — Instant access to the electronic citation enhanced version of the section publication • Committees — Your opportunity for increasing your involvement with 10 substantive committees • Materials and Web Links of Interest — 100+ links to a large variety of resources including scams to avoid, health, jobs, fi nancials and entertainment • Senior Lawyer Searchable Directory — Look up and network with your peers • Upcoming Events — Learn what upcoming events are coming up Login now to instantly access these tools designed for you. Table of Contents Page A Message from the Section Chair . 4 Justin L. Vigdor A Message from the Editors . 5 Marguerite Stenson Wynne and Willard H. DaSilva Feature Articles The Supreme Centenarian—The Story of the Life and Legal Career of Samuel Hazard Gillespie Celebrating 100 Years of Risks Taken . 7 Donald J. Snyder Samuel Hazard Gillespie’s Acceptance Speech on Receiving the New York State Bar Association Gold Medal in January 2010 . 9 Women and Minorities Joined Firms As Rivalry Opened for Business . .11 S. Hazard Gillespie Not Done Yet . 16 Barbara Rose New York State Power of Attorney Law and Proposed Amendments . 20 David Goldfarb Tipping the Scales of Justice: The Rise of ADR . 23 John M. Barkett Creative Mediated Solutions . 25 Irene C. Warshauer The Modernized, Streamlined Contract: Electronic Contracts and Signatures—Redux . 27 Bran Noonan E-discovery “Worst Practices”: Ten Sure-Fire Ways to Mismanage a Litigation Hold . 33 Jack E. Pace III and John D. Rue Legal Implications of Twitter Social Networking Technology . 39 Steven C. Bennett Ethics of Lawyer Social Networking . 42 Steven C. Bennett What Do We Tell Seniors About the Tax Impact of a Surrender or Sale of a Life Insurance Contract? . 53 Dean S. Bress New York’s Family Health Care Decisions Act: The Legal and Political Background, Key Provisions and Emerging Issues . 55 Robert N. Swidler The Story of a Shelter: Intervention and Prevention of Elder Abuse . 64 Deirdre M.W. Lok and Joy Solomon Committee Reports Age Discrimination Committee . 68 Program and CLE Committee . 68 Pro Bono Committee . 69 NYSBA The Senior Lawyer | Fall 2010 | Vol. 2 | No. 2 3 A Message from the Section Chair Greetings: Permit me now to digress to share with you the fol- As you receive this lowing: my fi rm was recently asked to step in to settle the third edition of our Section affairs of a busy local solo practitioner who passed away newsletter, it is my pleasure suddenly leaving both his clients and his family drown- to greet you once again. This ing in a sea of uncertainty. He left no Will or estate plan edition is largely produced to ease the administration of his personal matters and no by the hands of our newest designation of or directions to a successor attorney to ease co-editor and member of the transition of client fi les and client funds. Obviously, our Executive Committee, this solo practitioner should have taken his own advice Marguerite Stenson Wynne, to clients about the need for informing his family of all who has enthusiastically relevant fi nancial and personal matters and executing a involved herself in our Sec- Will. Moreover, obviously he should have considered his tion’s activities. I think you obligations to his clients and their quandary in the event will agree that its enriching of his death, disability, incapacity or retirement. Both contents present “something for everyone” and refl ect the American Bar Association and our own Bar Associa- the diverse interests of our active, intellectually eclectic tion have adopted resolutions urging the designation of senior members—from the inspiring career of our cente- successors and the obtaining of consent of the designee narian, S. Hazard Gillespie, to current Twitter networking to take over in such events. This is a practical and ethi- technology. cal imperative for solo and small fi rm practitioners. Our Section’s Law Practice Continuity Committee (chaired by To those of you who were present at our Section’s Fall Past President Anthony R. Palermo of Rochester) supports meeting in White Plains last month, the articles on Alter- efforts to assist in planning for the orderly transition of native Dispute Resolution will sound especially familiar. legal practices and identifi es mechanisms whereby a sub- That meeting, once again this year held jointly with the stitute qualifi ed attorney can be authorized to intervene Elder Law Section, was of signifi cant value profession- and protect client interests. This Committee’s activities ally and, I might add, socially. If you missed it, you will are reviewed and described at our website. I respect- certainly not want to miss our Section’s Annual Meeting fully bring this to your attention in the hope that you will and reception at the New York Hilton on Friday, January spread the word. 28, 2011, the program for which already promises to be of great interest. Please note that date on your calendar Enjoy the pages that follow. I hope to see you in Janu- and keep in mind that you can stay current and informed ary in New York City. about our Section’s activities by periodic visits to the Se- Justin L. Vigdor nior Lawyer’s pages at www.nysba.org/sls and reviewing Chair, Senior Lawyers Section the abundance of material posted there. Request for Articles If you have written an article you would like considered for publication, or have an idea for one, please contact one of The Senior Lawyer co-editors: Willard H. DaSilva Marguerite Stenson Wynne DaSilva, Hilowitz Law Offi ce of & McEvily LLP M. Stenson Wynne 585 Stewart Avenue, Ste. L-16 382 Holly Avenue Garden City, NY 11530 Bay Head, NJ 08742 (516) 222-0700 [email protected] [email protected] Articles should be submitted in electronic document format (pdfs are NOT acceptable), along with biographical information. www.nysba.org/TheSeniorLawyer 4 NYSBA The Senior Lawyer | Fall 2010 | Vol. 2 | No. 2 A Message from the Editors This is the third issue tended the 2009 Fall Meeting of The Senior Lawyer, and as a member of the Elder the fi rst issue for which I Law Section and the Senior am serving as Co-editor. As Lawyers Section. I met so such, it is my pleasure and many wonderful, interest- privilege to have this op- ing people, and all of the portunity to express some programs I attended were thoughts here on behalf of very well done. I found my Co-editor, Willard H. the round-table workshop DaSilva, and myself. entitled Preparing for “Senior Status” to be of particular During the Summer interest! The Senior Lawyers 2010, Justin Vigdor, Chair of Section Annual Meeting in the NYSBA Senior Lawyers Marguerite Stenson Wynne January, 2010, featured an- Willard H. DaSilva Section, telephoned me. I other program that I enjoyed, had met Justin in October 2009, at the Fall Meeting of the and once again, I met some wonderful people. During a Senior Lawyers Section, and we had met again at the An- cocktail reception hosted by the Senior Lawyers Section, I nual Meeting of the Section in January, 2010. When Justin had the special fortune of meeting Section Member Shir- called me, he told me that Donald Snyder, then Co-chair ley Adelson Siegel, a fascinating conversationalist with a of the Senior Lawyers Section Publications Committee, distinguished legal career. Not long after our meeting, I was unable to continue to serve in that position. Co-chair saw Ms. Adelson Siegel featured in a March 29, 2010 New Willard DaSilva would continue, but sought the assis- York Times article entitled A Lawyer Rejoins a Cause That tance of a new Co-chair, and I was invited to step into this First Gripped Her 70 Years Ago (available at www.nytimes. role. After we spoke and I had accepted the invitation, com/2010/03/30/nyregion/30bigcity.html). All of these I began to refl ect on the path that had led me to join the experiences convinced me that I made the right decision Senior Lawyers Section in the fi rst place. It had, after all, to join the Senior Lawyers Section! led me to this threshold. Now let me turn to the articles featured in this issue In early 2009, I fi rst heard news that the NYSBA had of The Senior Lawyer. They are drawn from various sourc- formed a new Senior Lawyers Section at about that time. es and topics. We hope that at least some selections will I remember being a bit amused at the realization that I appeal to all readers of The Senior Lawyer. Of course, this met—indeed surpassed—the age requirement for mem- is the publication of the Senior Lawyers Section, so please bership in the new Section. It had not occurred to me share with the Co-editors your comments, thoughts, sug- before to think of myself as a Senior, and I did not join gestions, and ideas about this issue, and about content the Senior Lawyers Section at that point.