THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK Summer 2002 vol. 57, No. 3 LAW UNDER SIEGE THE STRUGGLE TO PROSECUTE HUMAN RIGHTS S U M M E R 2 0 0 2 ◆ V O L. 5 7, ABUSESN O. 3 IN 207 INDONESIA THE RECORD summer 2002 vol. 57, No. 3 Contents OF NOTE 209 ANNUAL MEETING OF THE ASSOCIATION 217 FAREWELL ADDRESS by Evan A. Davis INAUGURAL ADDRESS by E. Leo Milonas 221 STATEMENT REGARDING THE UNITED STATES DEPARTMENT 228 OF JUSTICE FINAL RULE ALLOWING “EAVESDROPPING” ON LAWYER/CLIENT CONVERSATIONS by the Committee on Professional Responsibility IT IS TIME TO ENFORCE THE LAW: A REPORT ON FULFILLING 231 THE PROMISE OF THE NEW YORK CITY HUMAN RIGHTS LAW by the Committee on Civil Rights REPORT ON PRIVACY 269 by the Committee on Information Technology THE COLLATERAL ESTOPPEL EFFECT OF SANCTIONS 297 by the Committee on Professional Responsibility LAW UNDER SIEGE: THE STRUGGLE TO PROSECUTE HUMAN 307 RIGHTS ABUSES IN ACEH, INDONESIA by the Committee on International Human Rights Opinions by the Committee on Professional and Judicial Ethics FORMAL OPINION 2002-01: CLIENT CONFIDENTIALITY 351 AND THE INTENTION TO COMMIT A CRIME FORMAL OPINION 2002-02: DUTY TO PAY INTEREST ON CLIENT 360 FUNDS DEPOSITED IN AN INTEREST-BEARING ACCOUNT FORMAL OPINION 2002-03: THE “NO-CONTACT RULE” AND 363 ADVISING A CLIENT IN CONNECTION WITH COMMUNICATIONS CONCEIVED OR INITIATED BY THE CLIENT WITH A REPRE- SENTED PARTY THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published four times a year , Winter, Spring, Summer and Fall, by The Association of the Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6689. Available by subscription for $60 per volume. For information call (212) 382-6695. Periodicals postage paid at New York, NY and additional mailing offices. USPS number: 012-432/ISSN: 0004-5837. Post master: Send address changes to THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, 42 West 44th Street, New York, NY 10036-6689. THE RECORD is printed on paper which meets the specifications of American National Standard ANSI Z39.49-1984, Permanence of Paper for Printed Library Materials. Copyright © 2002 TheT H AssociationE R E C ofO Rthe D Bar of the City of New York. All rights reserved. 208 EDITORIAL BOARD E. LEO MILONAS LAURIE BERKE-WEISS President Chair, Executive Committee BARBARA BERGER OPOTOWSKY ALAN ROTHSTEIN Executive Director General Counsel MARK WOLKENFELD Editor HOW TO REACH THE ASSOCIATION MAIN PHONE NUMBER: COMMITTEE MEMBERSHIP (212) 382-6600 Stephanie Glazer (212) 382-6664 WORLD WIDE WEB ADDRESS: [email protected] http://www.abcny.org COMMUNICATIONS PRESIDENT Andrew J. Martin E. Leo Milonas (212) 382-6713 (212) 382-6700 [email protected] [email protected] CONTINUING LEGAL EDUCATION Michelle Schwartz-Clement EXECUTIVE DIRECTOR (212) 382-6606 Barbara Berger Opotowsky [email protected] (212) 382-6620 [email protected] LAWYER ASSISTANCE PROGRAM Eileen Travis GENERAL COUNSEL (212) 382-5787 Alan Rothstein [email protected] (212) 382-6623 [email protected] LEGAL REFERRAL SERVICE Allen J. Charne ADMINISTRATIVE SERVICES (212) 626-7373 Robin Gorsline [email protected] (212) 382-6689 LIBRARY [email protected] Richard Tuske ADVERTISING (212) 382-6742 Sharon MacNair [email protected] (212) 382-6630 Copy Services: (212) 382-6711 [email protected] Reference Desk: (212) 382-6666 MEMBERSHIP AND BENEFITS MEETING SERVICES Melissa Halili Nick Marricco (212) 382-6767 (212) 382-6637 [email protected] [email protected] CITY BAR FUND SMALL LAW FIRM CENTER Maria Imperial (212) 382-4751 (212) 382-6678 [email protected] [email protected] S U M M E R 2 0 0 2 ◆ V O L. 5 7, N O. 3 209 Of Note THE FOLLOWING CANDIDATES HAVE BEEN ELECTED TO THE VARIOUS Association offices and committees for 2002-2003. President E. Leo Milonas Vice Presidents Carmen B. Ciparick Daniel F. Kolb James B. O’Neal Treasurer Helaine M. Barnett Secretary James D. Herschlein Members of the Executive Committee Class of 2006 Paul A. Crotty William Francis Kuntz II Carol Liebman Joan B. Lobis Members of the Committee on Audit Donald S. Bernstein Elizabeth D. Moore Susan Porter ❊ THE NOMINATING COMMITTEE FOR 2002-2003 CONSISTS OF: STEPHEN Lloyd Barrett, Jill A. Chaifetz, Nicole A. Gordon, Beryl R. Jones, John S. Kiernan, Laura Taylor Swain, and Mary Jo White. The Executive Commit- tee has elected Laurie Berke-Weiss Chair and Barry M. Kamins Secretary of the Executive Committee for 2002-2003. T H E R E C O R D 210 O F N O T E ❊ THE THIRTEENTH ANNUAL LEGAL SERVICES AWARDS WERE PRESENTED to honor attorneys who provide outstanding civil legal assistance to New York’s poor. Jack B. Weinstein, United States District Judge for the Eastern District of New York, presented the awards at a reception on May 7 at the Association. This year’s recipients are: Matthew Chachère, Staff Attorney, North- ern Manhattan Improvement Corporation; Marshall Green, Attorney in Charge, Bronx Neighborhood Office, The Legal Aid Society; Lisa Pearlstein, Staff Attorney, Brooklyn Legal Services Corporation A; Cynthia Schneider, Director, HIV Project, South Brooklyn Legal Services; and Jill Zuccardy, Director, Child Protection Project, Sanctuary for Families. The awards, endowed by a contribution from the Horace W. Gold- smith Foundation, are administered by the Special Committee on the Legal Services Awards (John Kiernan, Chair). ❊ THE 2002 BOTEIN AWARDS, A WELL-MERITED RECOGNITION OF MEM- bers of the personnel attached to the courts of the First Judicial Depart- ment, were presented at the Association on March 25, 2001. The Awards, dedicated to the memory of Bernard Botein, former Presi- dent of the Association, and Presiding Justice of the First Department, have been presented annually since 1976 to pay tribute to court person- nel in the First Department who have made outstanding contributions to the administration of the courts. This year’s recipients are: Noel D. Adler, Esq., Director of the Division of Information Technology for the Unified Court System; Colleen Bolger, Principal Court Clerk, Supreme Court, Criminal Branch, New York County; Major Raymond Diaz, Commanding Officer, Supreme Court, Civil Branch, Bronx County; Daniel J. McDevitt, Senior Administrative Assistant, Ap- pellate Division, First Department; and Frank Pollina, County Clerk Spe- cialist, Supreme Court, Civil Branch, New York County. The awards, made possible by a grant from the Ruth and Seymour Klein Foundation, Inc., are sponsored by the Special Committee on the Botein Awards (Hon. Milton L. Williams, Chair). ❊ THE ELEVENTH ANNUAL PRESENTATION OF THE HENRY L. STIMSON MEDAL to outstanding Assistant United States Attorneys in the Southern District S U M M E R 2 0 0 2 ◆ V O L. 5 7, N O. 3 211 O F N O T E and in the Eastern District of New York, was held on June 10 at the Asso- ciation. Chief Judge Edward R. Korman of the Eastern District of New York made welcoming remarks and Association President E. Leo Milonas presented the medals, which are awarded each year to two outstanding Assistant United States Attorneys in both the Southern and Eastern Dis- tricts of New York. This year’s recipients are: Linda A. Lacewell and Charles P. Kelly of the Eastern District, and David N. Kelley and Neil M. Corwin of the Southern District. The Stimson Medal, made possible by the firm of Pillsbury Winthrop, honors Mr. Stimson, who served as United States Attorney for the South- ern District from 1906-1909 during a career of distinguished public service. The awards are sponsored by the Committee on the Stimson Medal (Mark R. Hellerer, Chair) and the Committee on Federal Courts (Thomas H. Moreland, Chair). ❊ FEDERAL JUDGE NINA GERSHON OF THE EASTERN DISTRICT OF NEW York presented the Association’s annual Municipal Affairs Awards on June 17. The Awards are given to lawyers from the New York City Law Depart- ment who have demonstrated outstanding performance. This year’s re- cipients are: Lisa Black, General Litigation Division; Lisa Grumet, General Litigation Division; Matthew Maiorana, Special Litigation Unit, Tort Di- vision; Alexandra Pinilla, Tort Division; and Eric Proshansky, Affirmative Litigation Division. The awards are sponsored by the Committee on New York City Af- fairs (Frances Milberg, Chair). ❊ THREE OUTSTANDING MINORITY STUDENTS AT NEW YORK AREA LAW schools have been awarded Thurgood Marshall Fellowships for the 2002- 2003 academic year. These students will have the opportunity to work with the Association to advance the goals of civil rights and equal justice. Fellowships were awarded to: Andrea Anderson of Brooklyn Law School, Sarah Lazare of CUNY Law School and Rebecca Velez of Fordham Univer- sity School of Law. Ms. Velez will assist the City Bar Fund’s Robert B. McKay Community Outreach Law Program. Ms. Lazare will direct her work toward issues fac- ing the Association’s Civil Rights Committee and Ms. Anderson will work with the City Bar Fund’s SHIELD Program. T H E R E C O R D 212 O F N O T E The fellowships are funded by the Orison S. Marden Lecture Fund and are open to second and third year minority law students from New York area law schools. Fellows were nominated by their schools and se- lected by the Association’s Committee on the Thurgood Marshall Fellow- ship Program (Daniel C. Richman, Chair). ❊ THE FOLLOWING NEW COMMITTEE CHAIRS HAVE RECENTLY BEEN AP- pointed for terms beginning September 1, 2002: Marc R. Abrams (Bankruptcy and Corporate Reorganization); Liberty Aldrich (Task Force on Domestic Violence); Henry T. Berger (Election Law); Eric Brettschneider (Council on Children); Toby M.J. Butterfield (State Courts of Superior Jurisdiction); Julie Y.