S WE 2017 AR N Y THE WESTCHESTER COUNTY BAR ASSOCIATION’S MONTHLY MAGAZINE 1896 B LAW YER H EST E R COU NT westchester TC A S S O C I ATIO WCBA FEBRUARY 2017 | VOL. 4 | NO. 2 HOW TO LEVERAGE THE INTERNET AND TECHNOLOGY TO SHARPEN YOUR APPELLATE ADVOCACY ... 8 Annual Meeting 2017 FEBRUARY 28, 2017 MARDI GRAS &PASSING THE BAR ...7 and past presidents’ dinner Tuesday, March 14, 2017 Slate of Officers 2017-2018 and Absentee Voter Proxy Form ... inside cover Annual Meeting Registration Form ... 1 Inside ... May 11: Save the Date: WCBA’s Annual Banquet and Induction of Officers ... 3 March 2: Mock Trial Competition Begins ... 11 Speaking to Clients About Philanthropy ... 12 February 8: Brown Bag Lunch Series with Hon. Linda S. Jamieson and Guest ... 18 Weekly Mindfulness Meditation Program ... 18 CLE Center ... 20 Save the Dates ... 21 ... and much more! Westchester County Bar Association The following offices and nominees will be voted on by the Membership at the Annual Meeting. 2017 SLATE OF OFFICERS AND DIRECTORS TO SERVE AS OFFICERS President President-Elect Vice President Vice President Treasurer Asst. Treasurer Secretary Asst. Secretary Representative Director Stephanie L. Burns Richard S. Vecchio Hon. Linda S. Jamieson James L. Hyer Wendy M. Weathers Hon. Michael J. McDermott Dolores Gebhardt Jessica Thaler-Parker Denise Ward TO SERVE AS DIRECTORS Michael Friedman Paul Millman John Pappalardo TO SERVE ON THE 2017 NOMINATING COMMITTEE Kelly Welch P. Daniel Hollis III Dawn Kirby Julie Curley Atheeb Khateeb Steven Waldinger Diana Bunin Kolev ATTENTION ALL CHAIRS AND CO-CHAIRS WE 2017 AR N Y REPORT OF THE NOMINATING COMMITTEE OF THE WCBA: H ES T E R COU 1896 B The Annual Meeting of the Association will be conducted on March 14, 2017, at Elmwood Country Club, 850 Dobbs Ferry Road, White Plains, NY. TC NT To the Members of the Westchester County Bar Association: S NOTICE OF ANNUAL MEETING AND PROXY A S S O C I ATIO WESTCHESTER COUNTY BAR ASSOCIATION ________________________________ PROXY KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned, a member in good standing of THE WESTCHESTER COUNTY BAR ASSOCIATION, hereby acknowledges receipt of NOTICE OF ANNUAL MEETING OF THE WESTCHESTER COUNTY BAR ASSOCIATION to be held Tuesday, March 14, 2017, and by these presents does constitute and appoint the President of the Association, or Immediate Past President as alternate, and each of them, attorneys and agents with power of substitution, as his or her proxy to attend the Annual Meeting of the WESTCHESTER COUNTY BAR ASSOCIATION to be held at seven o’clock in the evening on that date at the ELMWOOD COUNTRY CLUB, WHITE PLAINS, NY, or any adjournment thereof, with full and complete power to vote and act in the undersigned’s name and stead in the manner and with the same power and effect as if the undersigned were personally present at such meeting, hereby revoking any and all other proxies heretofore given by me to any persons whatsoever. ________________________________________ Sign Full Name ________________________________________ Print Full Name Date ______________________, 2017 Annual Section and Committee Reports were due January 30, 2017. Please RETURN signed PROXY Please send your reports as a PDF or WORD document to [email protected] as soon as possible! Thank you! via email to [email protected] by March 1, 2017 or Fax (914) 761-9402 We invite you to join us ... Westchester County Bar Association Annual Meeting 2017 and past presidents’ dinner Sponsorship opportunities are available. All sponsorships include pre- and post-event publicity in the Westchester Lawyer magazine, in e-news and on the website. Platinum: $5,000: 10 tickets plus full page ad in Magazine; exclusive to your industry Diamond: $4,000: 10 tickets plus full page ad in the Magazine Gold: $2,000: 5 tickets plus half page ad in the Magazine Silver: $1,000: 2 tickets plus quarter page ad in the Magazine Bronze: $ 500: 1 ticket plus business card ad in the Magazine RESERVATION AND PAYMENT INFORMATION q I would like to make ______ reservations. q I would like to reserve a Table of Ten. q I would like to be a sponsor. (For information: [email protected]) Name_________________________________________________ Email_________________________________________________ Firm _______ ___________________________________________ Bus. Phone _____________________________________________ A cocktail reception and dinner honoring our Past Presidents and conducting our Annual Meeting and Election of Officers and Directors for 2017-2018. Tuesday, March 14, 2017 Elmwood Country Club 850 Dobbs Ferry Road, White Plains, NY Cocktail Reception: 6:00 pm Dinner Meeting: 7:00 pm Tickets $80 on or before March 7 $95 after March 7 Table of Ten $700 on or before March 7 $800 after March 7 SECTION & COMMITTEE CO-CHAIRS Annual Reports were due Jan. 30, 2017! If you have not already done so, please submit your Annual Reports to [email protected]. __ Tickets: $80 ea. (before March 7) __ Tickets: $95 ea. (after March 7) __ Table of Ten: $700 (before March 7) __ Table of Ten: $800 (after March 7) $__________ $__________ $__________ $__________ SPONSORSHIPS __ Platinum: $5,000 __ Diamond: $4,000 __ Gold: $2,000 __ Silver: $1,000 __ Bronze: $ 500 Total Enclosed $__________ $__________ $__________ $__________ $__________ $__________ NAME(S): (For a table of 10 please submit names on a separate sheet) PHONE EMAIL _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $__________ OR CHARGE $ _______ q MASTERCARD q VISA q AMERICAN EXPRESS q DISCOVER CARD CARD NUMBER: __________________________________________________________________________ EXP. DATE: _________ SEC. CODE: ___________ CREDIT CARD BILLING ADDRESS: _______________________________________________________________________________ ZIP CODE: ____________ NAME ON CARD: ________________________________________________________________________________________________________________ HOW TO SUBMIT THIS APPLICATION AND PAYMENT ONLINE: go to our website Calendar at wcbany.org. EMAIL scanned form to [email protected]. FAX form to: 914-761-9402 MAIL form and check made out to: “WCBA” TO: WCBA, One North Broadway, Suite 512 White Plains, NY 10601 WESTCHESTER 2017 I I FEBRUARY Contributions or gifts to WCBA are not tax deductible as charitable contributions; however, they may be tax deductible as ordinaryLAWYER and necessary business expenses. 1 H ES T E R COU 2017 AR B 1896 N Y WE NT S TC IN THIS ISSUE… A S S O C I ATIO WESTCHESTER LAWYER THE WESTCHESTER COUNTY BAR ASSOCIATION’S MONTHLY MAGAZINE Published by the Westchester County Bar Association One North Broadway, Suite 512 White Plains, NY 10601 Tel.: 914.761.3707 | Fax: 914.761.9402 Email: [email protected] | www.wcbany.org p. 8 p. 11 p. 12 p. 16 p. 18 p. 22 OFFICERS AND STAFF Kelly M. Welch, Esq. PRESIDENT Stephanie L. Burns, Esq. PRESIDENT-ELECT Hon. Linda S. Jamieson VICE PRESIDENT Richard S. Vecchio, Esq. VICE PRESIDENT Diana Bunin Kolev, Esq. SECRETARY James L. Hyer, Esq. ASSISTANT SECRETARY Wendy M. Weathers, Esq. TREASURER Hon. Michael J. McDermott ASSISTANT TREASURER Richard M. Gardella, Esq. EDITOR-IN-CHIEF Luis A. Rivera, Esq. EXECUTIVE DIRECTOR Althema G. Goodson DIRECTOR OF CLE PROGRAMS Diana E. Lemon DIRECTOR OF LEGAL & COMMUNITY RELATIONS Mary Ellen McCourt DESIGN & PRODUCTION MANAGER BOARD OF DIRECTORS David B. Bruckman, Esq., MS Tax Hon. John P. Colangelo Stephanie M. Melowsky, Esq. Mary Beth Morrissey, Esq., Ph.D., MPH Tejash V. Sanchala, Esq. Steven R. Schoenfeld, Esq. Andrew P. Schriever, Esq. Hon. Robert A. Spolzino Sherry Levin Wallach, Esq. Submission of material to the WCBA for inclusion in the Westchester LAWYER, Westchester Bar Journal, website or other WCBA publication grants the WCBA limited copyright and full permission to reprint the material in any WCBA publication, on the WCBA website, or with LexisNexis or Westlaw at any time without additional consent. Please note that any opinions expressed in the articles contained herein are solely those of the author(s) and do not constitute positions taken by the WCBA. 2 I FEBRUARY 2017 I WESTCHESTER LAWYER FEATURES Inside Cover: Notice of Annual Meeting and Absentee Voter Proxy Form Slate of Officers and Directors for 2017-2018 1 WCBA Annual Meeting & Past Presidents Dinner Registration Form 7 Mardi Gras & Passing the Bar Networking Event Registration Form 8 How to Leverage the Internet and Technology to Sharpen Your Appellate Advocacy By James K. Landau, Esq. 12 Speaking to Clients About Philanthropy By Jennifer Hu Corriggio, Esq. CALL TO ACTION 11 March 2 High School Mock Trial Competition 2017 Begins ONGOING EVENTS 18 February 8 Brown Bag Lunch Series with Hon. Linda S. Jamieson 18 Wednesdays 12:30 pm–Weekly Mindfulness Meditation Program DEPARTMENTS 3 From the President By Kelly M. Welch, Esq. 14 New and Returning Members Roster 16 Member Spotlight: An Interview with Sherry Levin Wallach, Esq. By Tejash V. Sanchala, Esq. 18 What’s Going On: Membership News 20 CLE Center 21 Save the Dates: CLE Center March & April 2017 and Association Events 22 From the Back Bench By Richard M. Gardella, Esq. 24 Classifieds 24 Advertising Rates Back Cover: Renew Your Membership Today! FROM THE PRESIDENT | By Kelly M. Welch, Esq. Are You A Role Model? This week I had the privilege of addressing incoming first year law students at the Elisabeth Haub School of Law at Pace University. I followed Professor Horace Anderson, the associate dean for academic affairs, who was both interesting and engaging and the new law students listened to him with rapt attention, as did I. Dean Anderson spoke about the journey these students were embarking on and about being “in training” as lawyers, a very good way to look at not only the time one spends in law school, but also the first years of practice in this profession. As I waited for my turn to speak, I thought about my years “in training,” both in law school and in practice and how I developed into the lawyer I am now. What came to mind for me were those people I looked to—looked up to— and tried to emulate. My role models. I feel very fortunate to have worked for and with several lawyers who I consider role models and they all share a number of characteristics in common. They are superb practitioners, sought out by clients for their judgment and wisdom as well as for their technical skills. They engage broadly in the legal profession and in the important issues of our times. And they are all exceptionally generous with their time and their talents, always available to counsel other lawyers eager to learn from them. They are not just successful lawyers—they are examples of all that a lawyer should be. n They have a keen understanding What makes some lawyers role models? My role models in the profession are a diverse group of people, from varied backgrounds and with different careers. If I could gather them all in a room, they might not think initially that they have much in common. But they do. And I suspect that if you asked any group of lawyers to describe their role models, you would hear them list many of the same characteristics repeatedly. The common starting point is that they are outstanding practitioners, experts in their fields who achieve successful results for their clients. Then, in one form or another, I believe that many or most of the following shared traits of role models would emerge: n They have integrity. The most ad- of law as a service profession. In dealing with clients, they are responsive, proactive, and empathetic. They anticipate clients’ needs. They leave every client with the sense that he or she is the most important client the lawyer has. They do not shrink from the less glamorous aspects of practice. mired lawyers are straightforward, trustworthy, and reliable. It’s not just that they comply with the Rules of Professional Conduct. They always take the high road, never shade the truth, and don’t make excuses. They admit and take responsibility for mistakes, share credit, and don’t play games. n They are professional and respectful in all of their dealings, not only with clients and judges, but with adversaries, other lawyers, staff, and strangers. They treat others well. Few people would cite as a (continued on page 4) Save the Date | ANNUAL BANQUET 2017 | Thursday, May 11, 2017 | 6:00 pm WCBA’S 119TH ANNUAL BANQUET and Induction of Officers and Directors Cocktail Reception 6:00 pm Dinner Meeting 7:00 pm Join us for our annual induction of officers and directors with cocktail reception, dinner, address by featured speaker and souvenir journal. Hilton Westchester 699 Westchester Ave, Rye Brook, NY SPONSORSHIPS ARE AVAILABLE: All include pre- and post-event publicity in the Westchester Lawyer magazine and on the website. Platinum Sponsor – $5,000 Table of ten, seating on the dais, outside back cover full page color ad in the Banquet Journal Diamond Sponsor – $4,000 Table of ten, preferred seating, a diamond border full page ad in the Banquet Journal. Gold Sponsor – $2,500 5 tickets, a gold border full page ad in the Banquet Journal. Silver Sponsor – $1,500 2 tickets, ½ page ad in the Banquet Journal. Bronze Sponsor – $750 1 ticket, ¼ page ad in the Banquet Journal. Souvenir Journal ads are available. For more information contact: [email protected]; or 914-761-3707 ext. 50 WESTCHESTER LAWYER I FEBRUARY 2017 I 3 FROM THE PRESIDENT (continued from page 3) role model a lawyer who is rude, abusive, patronizing, or oblivious to the feelings of those around him or her. strengths, and helping colleagues address weaknesses. n They value differences among people. They have the self-confidence to be able to recognize that their way is not the only way or always the best way. They know that the highest quality work comes from the pooled talents of people with different perspectives. They realize that there are many skills that go into making a great lawyer, and that no one has them all in equal measure. Because they value differences, they are able to bring out the best in others. n They give back to their communities. Lawyers who are role models do pro bono work regularly and throughout their careers. They engage in public and community service. They serve on boards. They share their talents of analysis, reasoning, expression, and persuasion for the public good. They are volunteers. n They mentor other lawyers. Role models regard the training and development of less experienced lawyers as a personal and professional obligation. New attorneys are not competition, they are the future of the profession. They take an interest in the people who work with them. They spend time explaining and offer constructive feedback, identifying and nurturing colleagues’ n They never forget that family comes first. Lawyers who are role models have balance in their lives. People are unlikely to point to a work-obsessed, ambition-driven lawyer whose family is an afterthought as someone they want to emulate. The lawyers who others want to be like know what is important in life. IS YOUR LAWYERS PROFESSIONAL LIABILITY INSURANCE PROVIDING YOU WITH THE RIGHT COVERAGE? 914-592-6505 • [email protected] A PREFERRED & RECOGNIZED PROVIDER FOR: • The Westchester County Bar Association (Recognized ) • The Women’s Bar Association of the State of NY (Preferred) • The Bronx Bar Association (Preferred) • Proud Sponsor of NYS Academy of Trial Lawyers 4 I FEBRUARY 2017 I WESTCHESTER LAWYER n They enjoy what they do. Not sur- prisingly, lawyers who exhibit the first seven traits are happy, and it shows. They are positive, energetic, and enthusiastic about their professional and personal lives. This list is not exhaustive. You can undoubtedly add to my list other characteristics that your role models share. Whatever points you might add, I would hazard a guess that your points, like mine, are generally not taught in law schools, but are nevertheless critical components of the success and happiness of the most admired lawyers. Discussing character values like these is an important part of the training and development of new role models. I invite you to think about who your role models were and are, and also to ask yourselves a question we should all consider—do I exhibit the characteristics of a role model in my practice and in my life? Dedicated to Significant Personal Injury & Medical Malpractice Matters Call Us to Discuss a Referral Relationship Referral and Co-Counsel fees paid in accordance with Rule 1.5 of the Rules of Professional Conduct 11 Martine Avenue, Penthouse, White Plains, New York 10606 914.686.3700 | www.wvelaw.com AB & Do you have clients who want their charitable passions to live on? ALEGRIA & BAROVICK LLP Our experience sets us apart from other We can help you bring their philanthropic legacies to life. WESTCHESTER COMMUNITY FOUNDATION W CF SOCIAL SECURITY DISABILITY ATTORNEYS. a division of THE NEW YORK COMMUNITY TRUST For information, contact Laura Rossi, Esq at 914-948-5166, ext. 3 or Jennifer Hu Corriggio, Esq., at 914-948-5166, ext. 4 www.wcf-ny.org As longtime practitioners of medical malpractice and personal injury law, we know the medicine, and will cut through the clutter of medical records to help our clients in a time-efficient manner. You can feel confident referring your social security disability cases to us. MAIN OFFICE 235 Main Street, Suite 318 White Plains, New York 10601 (914) 761-1133 MANHATTAN OFFICE 60 East 42nd Street, Suite 1638 New York, New York 10165 (212) 861-2800 www.AlegriaBarovickLaw.com The WCBA offers ONLINE CLASSIFIEDS and Web/Print COMBO Classifieds For more information contact [email protected] WESTCHESTER LAWYER I FEBRUARY 2017 I 5 WCBA Members Support Those Who Serve Right to left: WCBA Public Service Committee Chair James Hyer and Executive Director Luis Rivera pass on the WCBA donations to Jim Rathschmidt of United for the Troops On December, 5, 2016, the WCBA collected donations from our members and Holiday Party guests for United for the Troops, a non-profit organization dedicated to supporting our military troops serving overseas. Through the generosity of our members, we were able to provide financial support to United for the Troops’ cause while also donating boxes of snacks, sundries and clothing. Contact information for United for the Troops Thank you! To learn more about how to support our active military overseas: We would like to express our gratitude to United For the Troops for the support they provide to our servicemen and women and sincerely appreciate the donations received from our members. Contact: Jim Rathschmidt at: [email protected], 845-729-4239 or; Visit: unitedforthetroops.org For your clients who were injured at work, put a former claims manager on their side. Law Offices of Laurence Shaw, P.C. Contact: 914-428-8288 or [email protected] 277 Tarrytown Road, White Plains, NY 10607 Upstate Office: 1 Civic Center Plaza, Suite 302 Poughkeepsie, NY 12601 www.lshawlaw.com 6 I FEBRUARY 2017 I WESTCHESTER LAWYER FEBRUARY 28, 2017 | 5:30–7:30 PM MARDI GRAS& PASSING THE BAR Lawyers, Affiliates and Professionals ... The Elder Law Committee & New Lawyers Section invite you to join us for their seventh annual networking event and dinner. You recently passed the Bar! The WCBA’s New Lawyers Section & Elisabeth Haub Law School invite you to celebrate your achievement with us. JOIN US FOR A FUN NETWORKING EVENT! Elder law attorneys, affiliate members who are providers to the elder care industry, members of the judiciary and recently admitted attorneys... Celebrate and network while enjoying great Southern BBQ in a warm and friendly atmosphere. Tickets: (includes dinner) $40 through February 21 $55 after February 21 Students: $20 Brother Jimmy’s BBQ Enjoy Southern-style BBQ including pulled pork & dry-rub ribs 147 Mamaroneck Ave., White Plains, NY Thanks to our Sponsors Lucy Banko of NY Life | Helwig Henderson Ryan LaMagna & Spinola LLP REGISTER TODAY! ONLINE: go to the Calendar on our website, www.wcbany.org MAIL form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601 EMAIL this scanned form to [email protected]. FAX form to: 914-761-9402 NAME(S) ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ EMAIL _________________________________________________________ BUS. TEL. ___________________________________________________ FIRM ______________________________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $_______________ OR CHARGE $ __________ ❑ MC ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD CARD NUMBER __________________________________________________________________________ EXP. DATE _______SEC. CODE ___________ CREDIT CARD BILLING ADDRESS _____________________________________________________________ ZIP CODE ___________________________ NAME ON CARD _____________________________________________________________________________________________________________ Contributions or gifts to WCBA are not tax deductible as charitable contributions; however, they may be tax deductible as ordinary and necessary business expenses. HOW TO LEVERAGE THE INTERNET AND TECHNOLOGY TO SHARPEN YOUR APPELLATE ADVOCACY BY JAMES K. LANDAU, ESQ. L OVE IT OR HATE IT, technology is rapidly advancing, impacting o u r l i ve s a n d t h e practice of law in a variety of ways. When I began my legal career in the mid1980s, briefs were written out in long hand and typed. Email was nonexistent. Lexis and Westlaw were in their infancy. Most legal research was done using actual books. Today, the amount of resources available online to attorneys is staggering, ever-increasing and overwhelming. Those attorneys who embrace these resources, and learn to incorporate them into their practice, have a distinct advantage over those that refuse to do so. This article 8 I FEBRUARY 2017 I WESTCHESTER LAWYER provides an overview of ways to take advantage of the digital age, and the online resources that can be leveraged in today’s appellate practice. TECHNOLOGY IS CHANGING THE WAY AN APPELLATE BRIEF IS WRITTEN An increasing number of appellate courts in both New York State and the federal systems now require that briefs and records on appeal be electronically filed. New and more technologically savvy judges are beginning to replace an entire generation of judges who only read the parties’ submissions in hard copy. Thus, we must prepare our materials with an eye towards not only who the audience has become but how they are going to be reading our materials. Instead of in hard copy as has been the practice for hundreds of years, today’s appellate materials may be read on a computer screen, e-reader, or even on an iPad. There are a number of apps on the market, including Adobe Acrobat Reader, GoodReader, PDF Expert and FastPdf+, which allow the iPad user to read and electronically mark-up briefs and records. If judges are going to read materials online instead of printing them, attention must be paid to how the brief and record will look and be read on a screen. For example, given the new medium for review, there is an even greater need for descriptive headings that are useful to the reader, not just roman numerals and record cites. E-briefs must also contain bookmarks, which allow the e-reader to jump electronically from point to point. The initial view of the e-brief or e-record should be set so that the bookmark panel displays AN APPELLATE COURT’S WEBSITE IS A GREAT PLACE TO START WHEN PREPARING AN APPEAL To understand current appeal filing requirements, turn first to the Court’s own websites. These websites contain a mountain of useful up-to-date information. For example, they often contain the latest information about the appellate rules Parties with appeals, certified questions or other matters before the Court of Appeals must now use Court-PASS for the submission of digital copies of records and briefs as required by the Court’s technical specifications and instructions for submission. Other local appellate courts that have moved to an e-filing system are the Appellate Division, Potentially, there are opportunities to embed and hyperlink to videotaped deposition or trial testimony, enabling the appellate judges to actually see the witness testifying, rather than looking at their words on a page. The possibilities are endless and very exciting. automatically and the reader knows that the document is bookmarked. E - b r i e fs c a n a l s o c o n ta i n hyperlinks to cases and citations. A hyperlink is a reference in a document to data that the reader can directly follow either by clicking, tapping or hovering. Thus, an e-brief containing hyperlinks can allow the reader to click on a record cite and go directly to the document reference in the record. Similarly, clicking on a hyperlinked case citation can take the reader from the table of authorities to the place in the brief where the case is cited, or even take the reader directly to the opinion itself. P o t e n t i a l l y, t h e r e a r e opportunities to embed and hyperlink to videotaped deposition or trial testimony, enabling the appellate judges to actually see the witness testifying, rather than looking at their words on a page. The possibilities are endless and very exciting. that pertain to that court, contact information for court officials and the court’s calendar. Appellate Court websites often offer downloadable forms to use in connection with an appeal to that particular appellate court. Some court websites publish and report major decisions; some provide free access to briefs that have been submitted by parties and some provide transcripts and even actual video of oral argument in other cases. Beginning in September of 2016, the New York Court of Appeals began streaming and archiving oral arguments on its own YouTube channel. See, https://www.youtube. com/channel/UCNglBKX_jIFJu2LOjQB0jQ. The New York Court of Appeals also instituted Court-PASS, the Court of Appeals Public Access and Search System, which provides free access to Court of Appeals materials for cases pending on or filed after January 1, 2013. First Department, and the United States Court of Appeals for the Second Circuit. THERE ARE NUMEROUS LOW COST WAYS TO CONDUCT LEGAL RESEARCH ON THE INTERNET Westlaw and LEXIS remain the gold standard legal research tools for practitioners. However, there are lower cost options available. For example, Google Scholar (https:// scholar.google.com/) maintains a database of case law (which can be searched by jurisdiction) and articles (which include Law Review Articles and even Patents). FindLaw for legal professionals (http://lp.findlaw.com/) has a legal research function, contains information on a number of legal topics and contains links to certain legal blogs and legal forms. These services are not nearly as complete as Westlaw and Lexis, but are steadily improving. Law 360, JD (continued on page 10) WESTCHESTER LAWYER I FEBRUARY 2017 I 9 INTERNET TECHNOLOGY (continued from page 9) Supra, Justia, LinkedIn and the National Law Reporter provide up to the minute developments on a wide variety of legal areas, and many of these sites have an “alert” feature which, when checked will electronically send new developments to your designated device. If you are looking for briefs that are not on Westlaw, you can access the New York Supreme Court Electronic Filing System (NYSCEF) or for federal courts, use PACER. Appellate Printers are an excellent resource when putting together an e-brief and e-record. There are also a number of blogs and websites that can be helpful to someone wanting to learn to put such digital papers together. Some of them are Adobe Acrobat for Legal Professionals: http://blogs.adobe. com/acrolaw/; PaperlessChase.com: http://www.paperlesschase.com; and iPhone JD: http://www.iphonejd.com. Remember that your electronic brief and record are public documents, so be careful to omit, remove or redact personal, private, confidential or sealed information as required by the rule(s) of the court in which the papers are being submitted. Also, be sure to eliminate all meta-data from any papers that you intend to file. As more and more judges begin to use an iPad to review materials, certain presentation adjustments should be As more and more judges begin to use an iPad to review materials, certain presentation adjustments should be made. First, use fewer footnotes. In fact avoid them if at all possible. made. First, use fewer footnotes. In fact avoid them if at all possible. The advantage of an iPad is that it gives the reader the ability to zoom in and out on various passages. This advantage is lost if the reader is constantly having to scroll back and forth to view footnotes. Second, avoid traditional legal hierarchical headings and instead use “scientific” numbering, e.g. “Part I, Section 1.1, subsection 1.1.1, etc., instead of Point I, A, B, C, Point II, A, B, C, etc. This enables the Court to always know exactly where they are in your brief, which is not a given when on an iPad using the traditional outline. Embracing technology makes good sense and is an integral part of providing 10 I FEBRUARY 2017 I WESTCHESTER LAWYER competent legal representation of clients. Comment 8(ii) to Disciplinary Rule 1.1 provides that “to maintain the requisite knowledge and skill, a lawyer should . . . keep abreast of the benefits and risks associated with technology the lawyer uses to provide services to clients . . . .” Counsel who do not understand the use of technology in their practice should affiliate themselves with attorneys who do. The Greek philosopher, Heraclitus, is credited with the saying that “[t]he only thing that is constant is change.” Our ability to adapt to rapid changes of all sorts, including changes in technology that enable us to present our cases in new and interesting ways, will define how effective we will continue to be as advocates for our clients. James K. Landau, Esq., is a litigation partner at Ellenoff Grossman & Schole LLP in New York City. In addition to his appellate practice, Jim handles cases involving misappropriation of trade secrets, non-competition clauses in employment agreements and real estate-related litigation. Jim is the co-chair of the WCBA’s Committee on Appellate Practice and is a former member of the WCBA board of directors. Jim can be reached at 212.370.1300 or at [email protected]. Participate as a Mock Trial Judge and receive CLE credit! CALL TO ACTION NEW YORK STATE HIGH SCHOOL GET INVOLVED & EARN CLE CREDIT! BEGINS MARCH 2, 2017! n MOCK TRIAL COMPETITION BY LUIS RIVERA, ESQ. n n n Hon. Alan D. Scheinkman with the 2016 winning team from Clarkstown High School Become a competition judge and earn CLE credit Make a monetary contribution and support the Westchester County Division of the NYS Mock Trial Tournament Spread the word about the Mock Trial competition to friends and colleagues To volunteer to become a judge or make a donation contact: Luis Rivera, Esq. at [email protected]. PARTICIPATING HIGH SCHOOLS I have served as a mock trial judge for the last 20 years. I look forward to having the privilege of presiding over these trials. The quality of advocacy from these high school students is excellent. The students consistently demonstrate the poise and skill of professionals. The competition staff do a fabulous job keeping everything on track. —Hon. Edward R. Mevec The 2017 High School Mock Trial Competition is right around the corner. Each year, the Mock Trial Competition provides Westchester and Rockland County’s high school students the opportunity to conduct simulated trials, in front of sitting judges, in a realistic courtroom setting. The experience gained by the participating students is invaluable and often serves as the initial stepping stone for future legal careers. We are very excited to again be coordinating the competition and look forward to the challenges and successes of this year’s competition. Support the Competition Funds raised will support the coordination of the several rounds of competition, printed materials and their duplication, and reimbursement of associated courthouse use including overtime for court officers and staff. Sponsors Needed Please consider donating to the WCBA directing those funds specifically to support the Mock Trial Program. Participate as a Judge We need your help! Participate as a judge in the competition. You will be amazed at the talent that you will witness in these high school students! Albertus Magnus Ardsley Blind Brook Briarcliff Byram Hills Clarkstown North Clarkstown South Hackley Hastings Horace Greeley Irvington Lakeland Maria Regina North Salem Ossining Rye Neck Saunders Scarsdale Solomon Schechter Somers Soundview Prep Suffern Westchester Hebrew Yorktown WESTCHESTER LAWYER I FEBRUARY 2017 I 11 Beyond Technical Skills? SPEAKING TO CLIENTS ABOUT PHILANTHROPY BY JENNIFER HU CORRIGGIO, ESQ. T ECHNICAL SKILLS for professional advisors are important but clients ultimately choose advisors they feel they can trust. That is tricky because law schools do not offer a class in client skills. Although it may seem counterintuitive, sometimes your most significant role as a professional advisor may not be to provide the best tax advice or to help a client pass down as much of an estate as possible to their heirs. In a recent study, 74 percent of respondents said the most important thing that wealthy people can pass on to heirs is values and life lessons.1 Only 31 percent named financial assets or real estate as even important to pass 12 I FEBRUARY 2017 I WESTCHESTER LAWYER on. Transferring money to heirs who are ill-prepared to handle it can have potentially disastrous effects. Philanthropy can serve as a major link to passing values down to heirs. “I Thought We HAD Discussed That.” Many professional advisors realize the importance of discussing philanthropy with their clients, yet may not understand the disconnect between what the advisor believes is communicated, and what the client believes is communicated. In another recent study, 89 percent of advisors say they discuss philanthropy with at least some of their clients, while only 55 percent of their high net worth clients say they had discussed philanthropy with a professional adviser.2 There was also a discrepancy in who initiated these conversations, with 33 percent of advisors saying they do, and 51 percent of clients saying the opposite. 3 Yet the art of having these conversations may determine whether a client is satisfied with an advisor’s services. Link Between Philanthropy and Meaning Philanthropy is about much more than simply giving money to nonprofit organizations. It can be a way to model behavior and teach virtues and skills to children. It can also be a way for a donor to repay society. Perhaps one who has felt a blessing from a source that helped contribute to his or her success in life would like to re-grant that blessing back into the world. Some may see themselves as investors in society, and philanthropy as investing in change or future generations. Community foundations help support philanthropy in their communities. We understand that the real wealth of families is not financial, and that money doesn’t buy meaning. Philanthropic advisors on staff can help your clients clarify their values, engage their family, structure a gift strategy, and they can advise on gifts to specific charities within and outside the community. Also, community foundations can be the connector to other donors with similar interests in the community, creating opportunities to give as part of a group, and to report back to donors on the results of gifts. Finally, community foundations can provide information about different forms of philanthropic vehicles, information about the local nonprofit community, and can help donors with the process of planning their philanthropic legacy. Assumption: “Max After Tax to Kids”? Since professional advisors are trained to help maximize tax benefits for their clients, some may assume that individuals do not give more because they feel that they do not have enough for their families, or that they do not consider themselves wealthy enough to give. One study showed that 78 percent of advisors believe that their clients would reduce giving if there were no tax benefits, whereas only 45 percent of clients say tax benefits are a determining factor. The reasons that high net worth individuals cite for not giving more: they are afraid the gift won’t be used wisely, they have a lack of knowledge or connection to a charity, and they fear increasing requests from charities.4 Timing of such conversations is crucial. Often professional advisors wait to bring up philanthropy once they have a greater knowledge of a client’s personal or financial goals, whereas many high net worth individuals feel that the topic should be brought up in one of the first meetings.5 Advisors may miss an opportunity to connect with their clients’ true goals. Luckily, estate planning attorneys and other professional advisors have help in speaking to clients about philanthropy. The Westchester Community Foundation has spent over four decades supporting philanthropy, and we are here to help you serve your clients. Professional Advisory Council The Westchester Community Foundation recently established a Professional Advisory Council, a group of leading professional advisors dedicated to exploring the best ways to hold philanthropic conversations with clients. We support professional advisors who are interested in expanding their knowledge about philanthropic giving, forming deeper relationships with clients, and meeting other professional advisors interested in philanthropy and community needs in Westchester. or chances to learn, please get in touch. The Council will offer educational opportunities to enrich your practice, as well as chances to network with other philanthropically oriented advisors, donors, and nonprofit leaders. We’ll help you have deeper, more productive conversations with your clients, and help them create meaning with their assets. Endnotes 1 “Americans’ Perspectives on New Retirement Realities and the Longevity Bonus,” a 2013 Merrill Lynch Retirement Study, conducted in partnership with Age Wave. This study included 6,300 respondents age 45 and older, and an oversampling of an additional 3,005 affluent respondents with $250,000-$3 million in investable assets. 2 2013 U.S. Trust Study of the Philanthropic Conversation conducted in partnership with The Philanthropic Initiative. This study was based on a random sample of 300 advisors, including wealth advisors, trusts and estates attorneys, accountants and other tax professionals, and a random sample of 120 high net worth individuals with $3 million or more in investable assets who are actively engaged in charitable giving. 3 Id. 4 Id. 5 Id. Jennifer Hu Corriggio, Esq., is the Director of Philanthropy & Donor Re l a t i o n s a t t h e We stc h e st e r Community Foundation. She is a Chartered Advisor in Philanthropy, CAP® with a background in practicing tax-exempt organizations law. She may be reached at: [email protected] or 914-928-5166 x 4. If you are a trusts and estates attorney interested in this network WESTCHESTER LAWYER I FEBRUARY 2017 I 13 NEW AND RETURNING MEMBERS SINCE AUGUST 2016! Samuel Abate Thomas Abinanti Alton Abramowitz Jamie Abrams Lauren Abramson Susan Accetta Peter Ackerman Susette Acocella Christie Addona Rolfi Adon Keith Ahlers Glen Ahlers Hamra Ahmad Anne Aicher Erica Aisner Joseph Albert Vanessa AldridgeJohannes Anselmo Alegria Marta Alfonso Frederick Alimonti Linda Alpert Arthur Altman Jacob Amir Kristen Andreoli Catherine Andreycak Robert Anello Daniel Angiolillo Joseph Angiolillo Albert Annunziata Daniel Ansell Thomas Antonecchia Francis Apicella Jonathan Arfa Christine Argentina Adrienne Arkontaky Leticia Arzu George Asante Paul Attaguile Joel Aurnou James Ausili Jack Babchik Jessica Bacal Bernard Bacharach Frank Badalato Wayne Baird Gregg Baker Stuart Baker Andrew Balint William Banfield Richard Barber John Barbera Conrad Bareiss Frank Barile Emily Barile Roland Baroni Linda Barry Myles Bartley Gary Bashian Patricia Bave Edward Beane Robert Beck Krysten Beck Robert Bellone Thomas Bellone Marshall Bellovin Brian Belowich Bruce Bendish Lawrence Berglas Marc Bergman Edward Berman Andres Bermudez Hallstrom Kenneth Bernstein Jedidiah Bernstein Norman Bernstein Jonathan Bernz Donald Berstein Keith Betensky Ronald Bianchi Jennifer Bienenstock Allison Bilotta Gerard Bilotto Adam Birbrower Edward Birnbaum Richard Birnbaum David Birnbaum Sherry Bishko Kimberly Bliss David Bliven Norman Block James Blose Stephen Bobolia Aaron Bock Peter Bodnar Suzanne Bogdanoff Gail Boggio Joseph Bonanno Craig Bonnist Edward Borrelli William Bosshart Richard Bowler Bruce Bozeman Kevin Brady Susan Brailey Howell Bramson Wendy Brandenburg Robert Braumuller Lawrence Braunstein Maura Breen Chanah Brenenson Eileen Brennan Ronald Brien Adam Briskin Robert Brodsky Bruce Bronson Jordan Brooks John Brophy Joseph Brophy Felicia Brown Peter Brown Stephen Brown Susan Brown Phionah Brown Judy Brownstein David Bruckman Steven Brunnlehrman Andrew Buder A. Buonamici Allison Burke John Burkhardt Gordon Burrows John Busch Robert Byrne Christopher Byrnes Jesus Cachaya Suzanne Calabrese Janet Calano Michael Calano Clinton Calhoun John Callahan Dennis Campagna Steven Campanaro Catherine Campbell Edgar Campbell Mark Campbell Albert Capellini Lisa Capone Noel Caraccio William Carbonari Jay Carlisle Ann Carlson Todd Carozza James Cartelli Jeffrey Carton Robin Carton Debra Cascardo Joseph Cassin Danielle Catinella Vincent Cavallo Mark Cermele Bruce Cheriff Hilary Chernin Scott Chester Richard Christensen Theresa Ciemniecki Thomas Ciscco Ira Clair Margaret Clark Adam Cohen Arthur Cohen Henry Cohen Kevin Cohen Mitchell Cohen John Colangelo Arlene Colangelo Joseph Colasurdo Melissa Colavito Andrew Colin Jane Collen Jess Collen Charles Collins Virginia Collins Susan Colson Katharine Conroy Paolo Conte James Coogan John Cook David Cooper William Cooper Maria Corrao Natale Corsi P. Cotronei Patrick Coughlin John Couzens Arnold Cribari Sean Cronin Jody Cross 14 I FEBRUARY 2017 I WESTCHESTER LAWYER Peter Cubita Frank Cullen John Cullen Elizabeth Cumming Joseph Curto Julie Cvek Curley Charles D’Agostino James Dalrymple John Daly Robert Damast Katherine Dandy Christopher D’Angelo Theresa Daniele Nicholas Daniello Laura Daniels Tracey Daniels O’Connell Gaetano D’Antona Elana Danzer Robert Danziger Edward Davidson Robert Davis Gerald DeFeo Andrea DeGaetano Joseph DeGiuseppe Arthur Del Negro Michael Del Vecchio Montgomery Delaney Lorenzo Delgado Lauren DeMase James Denlea Ralph DeRosa Frances DeThomas Mary Ann DeToma Darren DeUrso Steven DeYoung Heidi Dezember Joseph DiBart Anthony DiCaprio Thomas Dickerson Nicholas DiCostanzo Salvatore DiCostanzo Joseph DiGiacinto Frank DiMarco Anthony DiPietro Melissa Dippolito Joseph DiSalvo John Doherty Robert Dohn Alfred Donnellan Brian Donnellan James Donohue John Donohue James Donohue W. Denis Donovan Jon Dorf Jerold Dorfman Eugene Dougherty William Dowling Dennis Doyle Kathleen Drapeau James Drohan Margaret Drohan J. Drummond Alan Dubow Howard Dubs Sean Dugan Naomi Duker Daniel Duker-Gold Barbara Dunleavy Maureen Dunn Ellen Eakley Lawrence Ecker Robert Ecker Bernard Edelstein Linda Eichen Amy Eisenberg Fred Eisman Anthony Enea Martin Engelhardt Elizabeth Erickson Wayne Esannason Gerardo Espinoza Roger Esposito Julie Faller Tara Fappiano Deborah Farber-Kaiser John Farrauto Mark Farrell Marilyn Faust Jody Fay Robert Feder Gerry Feinberg Natalie Felsenfeld Paul Ficalora Alan Fine Gordon Fine Carl Finger Daniel Finger Dorothy Finger Kenneth Finger Melanie Finkel Barbara Finkelstein Stephen Fischer L. Fishman Edmund Fitzgerald Thomas FitzGerald Douglas FitzMorris John Flannery Stephen Flink William Florence Richard Fontana Sandra Forster Maria Frank Michelle Frank Michele Fredman Neil Fredman Edward Freedman Peter Freiberg Gary Freidman Michael Freudenberg Doris Friedman Michael Friedman Ron Friedman Andrew Frisenda Kim Frohlinger John Frucco William Frumkin George Fufidio David Fuller Philip Furgang Denise Furman Hugh Fyfe Matthew Gaier Joseph Galella Claire Gallagher David Gallo Tiffany Gallo Frances Galloway John Galloway III Susan Galvao Richard Gardella John Gardner Taruna Garg Louis Gasparini Alicia Gaudio Magdalen Gaynor Gerald Geist Donna Genovese John Geoghegan Howard Gerber Michelle Gershfeld William Giacomo Angela Giannini Robert Gibson Michael Gilberg Rita Gilbert Bruno Gioffre Janet Giris Theresa Girolamo Stephanie Giroux David Gladstone Stewart Glass Carla Glassman Sheldon Glassman Adam Glatt Andrew Glickson Frank Gobes Marc Goldberg Ira Goldenberg Paul Goldhamer Robin Goldsand Sylvia Goldschmidt Michael Goldstein Michael Golio Roberta Goodman Bernard Gordon Shari Gordon Jonathan Gottlieb Mark Gottlieb Kenneth Gould Ronnie Gouz Berman Michael Grady David Gralnick Steven Grant Angelo Grasso Joshua Grauer Richard Grayson Paul Greco William Greenawalt Helene Greenberg Michael Greenblatt Andrew Greene Hal Greenwald Raymond Griffin Phillip Grimaldi John Grimes George Groglio Hannah Gross John Gross Adria Gross Candice Grossbach Martin Grossbach Robert Grossman Robert Gruber Abraham Gruenwald Claire Gutekunst John Halloran, Jr. Philip Halpern Sean Hanagan Kathleen Hannon Michael Hanrahan Frank Hariton Joseph Harrington H. Harris I. Ron Harris Ian Harris Andrew M. Harrison Jacqueline Hattar Frank Haupel Patricia Hayes Frank Headley Edward Heben Sarah Hechtman Robert Hecker Michael Heffernan Julia Heilman Brian Henderson Leonard Herman Paul Herrick Jeffrey Hersh Andrew Hershaft Robert Hertman Sydelle Herzberg Susan Herzog Kyle-Beth Hilfer Norman Himmelfarb Joel Hirshfield William Hoefer Lee Hoffman Marianne Hoffman James Holden Stephen Holden P. Daniel Hollis Michael Horgan, Jr. Lawrence Horowitz Nathan Horowitz Ronna Horwitz-Bard Jean Huff Robert Hufjay John Hughes John Hughes John Hughes James Hyer Joan Iacono Theresa Iasiello Joanne Indriolo Jennifer Jackman Pooja Jaitly Ellen Jancko-Baken Pamela Jenson Martin Johnson John Johnston Lisa Johnston Paul Jones Michael Joseph Janelle Judd Stuart Kahan Jarret Kahn Barry Kaiser Daniel Kalish Diane Kanca Robert Kaplan Steven Kaplan Charles Kaplan Gary Karlitz Barry Karson Alan Katz Michele Katz Robert Katz Joshua Kaufman Judith Kaufman Irwin Kavy Jerry Kebrdle Gregory Keefe Michael Keesee Laurence Keiser Mathew Keller Nancy Kellman Donna Kelly John Kelly Mary Kelly Matthew Kelly Bernadette Kenny Jeffrey Kerman Khristen Kerr Steven Kessler Michael Kestenbaum Atheeb Khateeb Paul Kilmartin Ronald Kilmartin Dawn Kirby John Kirkpatrick Robert Kirkwood Patricia Kitson David Klausner Bruce Klein Nathaniel Klein Clifford Kleinbaum Matthew Kletter Diana Kolev John Kommer Richard Komosinski George Kontogiannis Patty Koo Paul Korngold Michael Kosan Jeannette Koster Neil Kozek Georgia Kramer Dennis Kremer Erik Kristensen Steven Kroleski Dennis Krolian Bernard Krooks Sara Kula Alyson Kuritzky Salvatore Lagonia Thomas LaGrotta Moira Laidlaw Harvey Landau James Landau Thomas Langan Craig Langer Nelida Lara Eric R. Larke Patricia Lattanzio Rhonda Laufer felicia lebewohl rosen Alan Lebowitz Padraic Lee Matthew Lee-Renert Nicholas Leo Bryn Leonardo Bruce Levenberg Joel Lever Leslie Levin Debra Levinson Michael Levinson Ira Levy Norman Levy Tracey Levy Stewart Levy Kenneth Lewis William Li Alan Lichtenstein Joseph Lichtenstein Mitchell Lieberman Lisa Lipman Troy Lipp Michael Lisk Michael Litman Luz Lizarazo Jane Lloyd Joseph LoCascio Jennifer Lofaro Kevin Loftus Nadine Logan Leonard Lombardi Donald London Stuart London Julianne Lopez Edward Loughman Benjamin Lowenthal Neil Lubarsky Peter Lucas Andrew Lupatkin Julie Lusthaus Desmond Lyons Samantha Lyons J. MacCartney D. Lynn MacDonald William Madden Louis Maggiotto Theresa Maguire Lynn Maier Francis Malara Joseph Malara Peter Malfa Jack Malley Janet Malone James Maloney Eric Mandell Christopher Mangold Mary Ellen Manley Edmund Mantell Neil Marantz Bernard Marasco Frank Marino Carol Mark Harris Markhoff Michael Markhoff Linda Markowitz Andrew Marks James Marmon Olivia Marotta Paul Marrow Wayne Martell Frederick Martin John Martin, Jr. John Marwell Walter Matystik Helen Mauch Ted May Donald Mazin Joan Mazur Lisa Mazure John Mazzuca Martha McCarty Florence McCue Michael McDermott Fausta McDermott Kyle McGovern Marie McIntyre Jean McLaughlin Liam McLaughlin Michael McLaughlin Christopher Meagher Kenneth Meccia Jacob Meranda Natasha Meruelo Silvia Metrena Helen Mezger Meredith Mialkowski Christopher Miehl Faith Miller Henry Miller Marilyn Miller Mary Miller Paul Millman Lydia Milone Joseph Minniti Loretta Miraglia Edward Mitchell James Mitchell Brian Mittman Nancy Montagnino Thomas Montagnino Lewis Montana Matthew Montana Paul Monte Anthony Morando Susan Morehouse Carol Most Francesca Mountain David Muhlrad Arthur Muller James Murphy Judith Murphy Eileen Nadelson Ernest Nargi Dianna Naughton Jonathan Nelson Jeryl Nemarow James Nerangis Lisa Newfield Charles Newman Richard Newmark Eon Nichols Nancy Nissen Ralph Nobile James Nolletti Kenneth Novenstern Guy Novo William Nugent James O’Connor Mary Ellen O’Connor David Oddo Robert O’Donnell Julius Oestreicher Amy O’Hara Jennifer O’Hara Richard Oleson Carmen Oliva Robert Ollman Richard Olver Robert Ondrovic John O’Neill Adrienne Orbach Charlene Pal Louis Palella Andrew Paliotta Taylor Palmer Michael Palumbo George Pangis Frances Pantaleo John Pappalardo Kim Parker Jonathan Pasternak Alvin Pasternak David Peck Thomas Pellegrino Luis Penichet Craig Penn Ivana Peric Neal Permutt William Permutt John Perone Jeffrey Peske Daniel Petigrow Louis Petralia Joseph Petrillo Richard Petrillo Evelyn Petrone Joy Phanumas Stephanie Phelan Paul Pickelle Anthony Pieragostini Alan Pilla Marc Pillinger Jessica Piperis Clare Piro Anthony Pirrotti Alexandra Piscionere Anthony Piscionere Claire Pizzuti Raymond Planell Kevin Plunkett Howard Pobiner Kenneth Polin John Politi Philip Pollastrino Lee Pollock Daisy Pons Ginette Portera Ariel Porteus Andrea Prigot Valerie Promisel Anthony Provenzano Fred Quagliato Corey Rabin Gilbert Rabin Ruth Raisfeld Rick Rakow John Rand James Randazzo Steven Ranellone Gary Raniolo Marvin Raskin Robert Rattet Monica Raybon Marilyn Reader Yigal Rechtman Ralph Reda Kathleen Redalieu James Reduto George Reed Michael Reed Julieanne Regine Lawrence Reich Neil Reig Patrick Reilly Tracy Reimann Jonathan Reiner Mark Reisman Joseph Rende Andrea Rendo John Renzulli Jessica Ressler Alexander Restaino Matthew Rettner Stacey Reynolds Jose Reynoso Tony Ricciardi Michael Richman Daniel Richmond Brian Ricks Catherine Ridgway Joshua Rikon Jan Riley Neil Rimsky Greg Riolo Eugene Riordan Vincent Rippa Lisa Rispoli Walter Rivera Vincent Riverso Christopher Roberta Nicholas Robinson Dominick Robustelli Charles Rodman Jeffrey Rodner Stephen Rogowsky Andrew Romano Daniel Romano John Romano Joseph Romano Christina Romano Michael Romanoff Richard Romney Christopher Ronan James Rood David Rosenbaum Kathy Rosenthal Charles Rosenzweig Meyer Rosh Abby Rosmarin Donald Rossi Jerold Rotbard Mark Rubeo Jay Rubin John Rubin Mark Rubin Douglas Ruby Jerold Ruderman Terry Jane Ruderman Nancy Rudolph Steven Ruskin Ritu Rustogi Regina Saat Joel Sachs Jeffrey Sackheim Marc Saidel Sheryl Saidel Jeffrey Salant Brandon Sall Daniel Saltus Joan Salwen Joanna Sandolo John SanFilippo Donald Sapir Jeffrey Sapir David Sapp Ana Paula Saraiva John Sarcone Samara Saunders Joel Savit Deborah Scalise Richard Scanlan Joanna Schaffer Michelle Schauer Robert Schechter Robert Scheinfeld Alan Scheinkman Daniel Schiavetta, Jr. Robin Schlaff Steven Schoenfeld Miriam Scholl Kiersten Schramek, Andrew Schriever Eliot Schuman Brad Schwartz James Schwartz Jeffrey Schwartz Stephen Schwartz Walter Schwartz Charles Scott Adam Seiden Marjory Selig John Seligman Helene Selznick Roselina Serrano Daniel Seymour Sarene Shanus Clifford Shapiro Laurence Shaw Robert Shaw Erik Shawn Timothy Sheehan Ronald Sher Marc Sheridan Scott Sherman Anthony Siano Saad Siddiqui Frederic Siegel Walter Signorelli Steven Silverberg Lewis Silverman Rose Silvestro Susan Simon Douglas Singer Gina Sinon Robert Sisca Cheryl Slater Irma Slavin Brad Smith Clinton Smith Mary Augusta Smith Robert Smith Natalie Sobchak Andrew Sokol Joanne Sold Steven Sold Joy Solomon Lesly Solomon Joseph Soricelli Gregory Spaun Stephen Spedaliere Charles Spiegel Kenneth Spielfogel Angela Spina Sharon Spina Robert Spolzino Adam Stark Joseph Staropoli Nancie Stauch Henry Steinglass David Steinmetz Margo Sterling Ellen Stern Steven Stern Teresa Stilo Ron Stokes Michael Stolzar Adam Stone Paul Stone Scott Stone Richard Strassfield Scott Sullivan William Sulzer Dennis Supraner Marianne Sussman Michael Sussman Richard Sweeney Andrew Szczesniak Louis Taffera Cynthia Tague John Tague Peter Tartaglia Douglas Taub Michael Taub Jay Teitelbaum Thomas Tibaldi David Tillem James Timko Denis Timone Anthony Tirone Peter Tomback Stanley Tomkiel George Tompkins Geraldine Tortorella Daniel Tota Bruce Trent Mark Tulis Tara Tully Frederick Turner Scott Ugell Gladys Ullmann V Jonas Urba Carol L. Van Scoyoc Jorge Varela Irene Vargas Cherian Varghese Richard Vecchio Frank Veith Tyleana Venable James Veneruso Richard Vercollone Marie Vitale Vincent Volino Christine Vuksanaj Marc Wachtell Sherry Wallach John Walsh Thomas Walsh Thomas Walsh Bradley Wank Denise Ward Barry Warhit Nathaniel Wasserstein Liane Watkins Sam Watkins Talik Watons Wendy Marie Weathers David Wecker Mitchell Weingarden Mark Weingarten Fred Weinstein Michael Weinstein Joshua Weisbrot Barry Weiss Michael Weiss Michael Weitzner Thomas Welby Kelly Welch Ellen Werfel-Martineau Eileen West Arlene Wexler Leora Wexler Joanne Whalen James Whelan Christopher Whitton Evan Wiederkehr Lee Wiederkehr Frederick Wiener Heidi Winslow William Winters Mary Anne Wirth Peter Wise Robert Wolper Kadeen Wong Ralph Wood Matthew Woodard David Worby David Wright Russell Yankwitt David Yassky Susan Yellen Christina Yotides Barbara Zambelli Michael Zarin Robin Zeidel Peter Zeltner James Zerafa Robert Zerilli N. Theodore (Ted) Zink WESTCHESTER LAWYER I FEBRUARY 2017 I 15 MEMBER Spotlight In this feature, Tejash V. Sanchala, Esq., Employment Law Committee Co-Chair and Board Member, interviews WCBA members about their experiences and insights. Tejash’s contact information can be found at: http://www.villanuevalaw.com/tejash-v-sanchala.html He welcomes any comments and suggestions for future columns. SHERRY LEVIN WALLACH, ESQ. Number of Years as a Member of the WCBA and positions held: Approximately 12 years. I have been a board member since 2015 and am co-chair of the Woman in the Law Committee. I am the 9th District Vice President to the New York State Bar Association and serve as such on its Executive Committee and in the House of Delegates. My current job and practice area are: I have been a partner in my two partner law firm for the past 14 years practicing mostly criminal defense. I am in the process of dissolving that practice to explore other opportunities. I am interested in working as a supervisor or in an administrative position for a legal services organization, government office or in a law firm setting. I am interested in teaching trial advocacy or in a clinical program at the law school level. I would also like to pursue legislative and policy making. One of my favorite legal success stories include: I have done many trials and hearings but some stand out. I represented a Westchester Profes16 I FEBRUARY 2017 I WESTCHESTER LAWYER sional Engineer in a complex three-week fraud trial. After the jury was hung (11-1 in my client’s favor), my client received a very favorable disposition without any jail time or probation. I am proud to say that my client maintained her professional license and her career trajectory was unaffected. My Legal Mentor is: While I have been blessed with many mentors, who have guided me throughout my career, my first mentor, Ronald Bekoff, criminal defense attorney, has been with me since day one. He continues to advise me and mentor me to this day. He was one of my teachers at a NITA trial advocacy program while I was in law school. I then became an instructor at that same program after I was in practice for several years and we taught along side one another. Since then, I founded and created the NYSBA Young Lawyer Section’s Trial Academy, which teaches young and transitional attor- neys trial techniques. Mr. Bekoff was one of the first faculty members of that program, and he and I have served as faculty members side my side for the past eight years. I am a team leader and lecture on cross-examination at that program as well. I am proud that the 8th annual Trial Academy will be held in April of 2017 at Cornell University School of Law. One of my future ambitions is: To Improve and reform the administration of Criminal Justice in our State, be President of NYSBA, and teach trial advocacy at the law school level. People may be surprised to learn: I am an avid equestrian and scuba diver. I’ve been riding since I was eight years old and competed on the National Horse Show circuit during high school. Since I moved to Westchester in 2000, I ride at Echo Farm in South Salem, where I keep my horse. I’ve been scuba diving for over 15 years. Some of my fa- vorite diving spots include Vieques, Puerto Rico; Roatan, Honduras and the Grand Cayman Islands. The best thing I did to improve my skill set as an attorney: Work in the Bronx DA’s office for four years from 1995-1999. When I left, I was prosecuting violent crimes in one of its trial bureaus. The best hour of my day is: When I can spend an hour riding my horse. Favorite movies: The Godfather, Scarface, Pretty Woman, Untouchables, Johnny Dangerously, Princess Bride and Saturday Night Fever. Favorite Books: A Prayer for Owen Meany, The Handmaid’s Tale, The Mysts of Avalon and The Celestine Prophecy. Three things I can’t live without: My three kids, the beach and horses. One of my favorite things to do in Westchester: Hike or horseback ride in the Ward Pound Ridge Reservation. Best advice I ever got: Wait until you are in the right position to make a change and then give it all you’ve got. My advice to new lawyers: Always listen to your gut and your instincts. My favorite part of being involved with the WCBA: Working to make a difference for the profession. Last time I was out of my comfort zone: I was in India riding through the countryside in a caravan consisting of the wedding party and guests. All of a sudden our driver drove off into the dirt roads between the farms to avoid an uprising in the town ahead. WESTCHESTER LAWYER I FEBRUARY 2017 I 17 What’s ... MEMBERSHIP NEWS | COMMITTEES | SECTIONS A WA R D S | U P C O M I N G E V E N T S | U P D AT E S GOING ON The WCBA New Lawyers Section and the Westchester Women’s Bar Association present a FREE WCBA’s Lawyer Assistance Committee presents a FREE ONGOING WELLNESS SERIES ... Brown Bag LUNC H S E R IES Wednesday, February 8, 2017 12:30 pm LOCATION: WESTCHESTER COUNTY COURTHOUSE Attorney Lounge, 2nd Floor 111 Dr. Martin Luther King Jr. Blvd. White Plains, New York Featuring: Hon. Linda S. Jamieson and this month’s special guest the Hon. David F. Everett, AJSC. Join fellow members for this unique opportunity to have lunch with Judges Jamieson and Everett in a casual setting with no formal agenda. RSVP: [email protected] Thank you for your continued support of the WCBA! 18 I FEBRUARY 2017 I WESTCHESTER LAWYER MINDFULNESS FOR LAWYERS A SIMPLE PATH TO STRESS RELIEF Wednesdays 12:30 pm–1:15 pm WCBA Conference Room One North Broadway, Suite 512, White Plains, NY This weekly meeting will provide a space for reflection, connection and guided meditation with an eye to assisting individuals in discovering their own mindfulness practice. For more information contact: Ben Felcher-Leavitt at [email protected] Greenfield Stein & Senior, LLP A LEGAL TEAM DEVOTED EXCLUSIVELY TO TRUST AND ESTATE LITIGATION Charles T. Scott, Elana L. Danzer, Gary B. Freidman, Angelo M. Grasso One North Lexington Ave., White Plains, NY 10601 | 914.948.3070 600 Third Ave., New York, NY 10016 | 212.818.9600 | www.gss-law.com CLARK, GAGLIARDI & MILLER, P.C. SERVING THE INJURED SINCE 1907 “It costs no more to go with the best. I refer my serious personal injury cases to Clark, Gagliardi & Miller.” Brad R. Sacks, Esq. Henry G. Miller Lucille A. Fontana Robert J. Frisenda Angela M. Giannini John S. Rand 99 Court St., White Plains, NY 10601 / (914) 946-8900 / www.cgmlaw.com CLE AND EVENT SPONSORSHIPS ARE AVAILABLE Contact: [email protected] WESTCHESTER LAWYER I FEBRUARY 2017 I 19 CLE CENTER PROFESSIONAL PRACTICE | LAW PRACTICE MANAGEMENT | SKILLS | ETHICS TRUSTS & ESTATES SECTION HEALTH LAW COMMITTEE Heckerling 2017 Review Planning in Advance for Health Care and Navigating Decision Conflicts: Health Care Agents and Surrogates, MOLST, Palliative Care and Ethics Committees Speakers Location Date/Time Price CLE Moria Laidlaw , Esq., Shamberg Marwell Hollis Andreycak & Laidlaw, P.C. David Bruckman JD, MS Tax, CLU, APEXIUM Financial L.P. Bleakley Platt & Schmidt, LLP 1 N Lexington Ave, White Plains, NY Thursday, February 16, 2017 7:30 am–8:00 am Registration, Networking and Breakfast 8 am–9:00 am CLE Presentation Early Bird discount through Feb. 9 Members: $30/$50 after Feb. 9 Non-members: $50/$70 after Feb. 9 Pace Alum Non-members: $40/$60 after Feb. 9 1 credit: Professional Practice Speakers Location Date/Time Price To Register See “Registration Form” below Thanks to our host: Bleakley Platt & Schmidt, LLP CLE Mary Beth Morrissey, PhD, MPH, JD, The Alcott Law Group Prof. Gretchen Flint, Elisabeth Haub School of Law at Pace University Roberta Goodman, Pace Women’s Justice Center Gary Sastow, Brown, Gruttadaro, Gaujean & Prato, LLC Cabrini Nursing Home, 115 Broadway, Dobbs Ferry, NY Thursday, February 16, 2017 5:30 pm–6:00 pm Registration, Networking and Light Supper 6 pm–9:00 pm CLE Presentation Early Bird discount through Feb. 9 Members: $60/$80 after Feb. 9 Non-members: $80/$100 after Feb. 9 Pace Alum Non-members: $70/$90 after Feb. 9 3 credits: Professional Practice To Register See “Registration Form” below Thanks to our sponsor: The Alcott Group CLE and EVENT REGISTRATION FORM Please register in advance whenever possible. Registration later than 12 pm 24 hours PRIOR to the CLE will incur a $10 late fee, and applicants will be seated and provided written materials ONLY if space permits. ONLINE: go to the Calendar on our website at http://www.wcbany.org/events/event_list.asp MAIL form and check made out to “WCBA” to: WCBA, One North Broadway, Suite 512, White Plains, NY 10601 EMAIL this scanned form to [email protected]. FAX form to 914-761-9402. CLE/EVENT TITLE Date Fee ______________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________ NAME(S) _______________________________________________________________________________________________________________________ EMAIL _________________________________________________________ BUS. TEL. _______________________________________________ _______ FIRM __________________________________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $_________ OR CHARGE $ _______ ❑ MASTERCARD ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD CARD NUMBER _______________________________________________________________________________ EXP. DATE ________ SEC. CODE ________ CREDIT CARD BILLING ADDRESS _____________________________________________________________ ZIP CODE _______________________________ NAME ON THE CARD _____________________________________________________________________________________________________________ WCBA Member? ❑ Yes ❑ No If not, would you like to join and pay at the member price? Visit our website: www.wcbany.org Copies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by emailing [email protected] or calling 914-761-3707, ext. 20. Your knowledge of the CLE rules and procedures is presumed when you register for a CLE. CANCELLATION, REFUND AND INCLEMENT WEATHER POLICY Full credit will be applied to a future program to those who cancel one business day prior to a CLE or other Event, in writing, to [email protected]. The WCBA retains the right to cancel CLE programs and other Events and will provide notification to all registrants who provide their email address. INCLEMENT WEATHER: Please refer to the website home page at: (www.wcbany.org) on the day of the CLE/Event by 10:00 am for cancellation announcements. 20 I FEBRUARY 2017 I WESTCHESTER LAWYER Save ... THE DATES EVENTS CLEs March 2, 2017 6 pm–8 pm Real Property Section CLE March 10, 2017 12 pm–2 pm Anatomy of a Trial Part I Trial Lawyers & Tort Law Committee and New Lawyers Section March 24, 2017 12 pm–2 pm Tuesday, March 14 WCBA Annual Meeting and Past Presidents’ Dinner Elmwood Country Club White Plains, NY (see p. 1) Anatomy of a Trial Part II Trial Lawyers & Tort Law Committee and New Lawyers Section Thursday, May 11 WCBA Annual Banquet and Induction of Officers and Directors March 28, 2017 6 pm–8 pm ADR Committee CLE Hilton Westchester Rye, NY (see p. 3) April 21, 2017 12 pm–2 pm Bankruptcy & Consumer Rights Committee CLE April 25, 2017 6 pm–9 pm Health Law Committee CLE April 26, 2017 12 pm–2 pm Trusts & Estates Section and Surrogate’s Court CLE Tuesday, July 11 Annual Golf Outing Fenway Golf Club White Plains, NY April 26, 2017 6 pm–8 pm ADR Committee CLE April 28, 2017 6 pm–8 pm Ethics Committee CLE For the most up-to-date information or to register online visit: http://www.wcbany.org/events/event_list.asp WESTCHESTER LAWYER I FEBRUARY 2017 I 21 Back Bench FROM THE BY RICHARD M. GARDELLA, ESQ. Editor-in-Chief WCBA Past President Richard M. Gardella, Esq., is counsel to Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn LLP. He is a past president of the Westchester County Bar Association and the Westchester County Bar Foundation, the editor-in-chief of this Magazine, and a former WCBA delegate to the American Bar Association and the New York State Bar Association. 22 I FEBRUARY 2017 I WESTCHESTER LAWYER A S THE NEW NATIONAL administration moves into its first month, one of life’s certainties will provide an early focus—taxes. History suggests that February is a fitting time to promote tax reform and relief. Two hundred forty eight years ago this month the Massachusetts House of Representatives issued a “circular letter” to other colonial assemblies, expressing opposition to Crown taxes as well as other arbitrary rule from England. One hundred forty five years after that February 11, 1768 letter, on February 25, 1913 the 16th Amendment to the U.S. Constitution went into effect, leading to a federal income tax. The politely written circular letter, with its humble English subject expression, could not hide its revolutionary nature as a step toward our independent federal government. The letter, written by Samuel Adams and James Otis, Jr., said it was necessary that “the several assemblies … should harmonize with each other …” in their opposition to taxes without representation.1 The Townsend Acts, adopted by the British Parliament after the repeal of the Stamp Act, were the main target of the Massachusetts letter. The acts placed an import duty on glass, paint, paper, lead and tea. The Adams-Otis letter asserted that those taxes violated “… fundamental law … that what a man has honestly acquired is absolutely his own, which he may freely give, but cannot be taken from him without his consent…” Since the import duties were imposed by a Parliament in which the Colonies were not represented, those duties were “… infringements of … natural and constitutional rights” of colonists and amounted to the “… grant of their property without their consent.” The circular letter recognized that since a vast ocean and other problems made real representation in Parliament for the Colonies “forever impracticable,” taxes should only be imposed by a “subordinate legislature here…” That was an arrangement the Colonies had enjoyed previously, according to the letter. While the Massachusetts missive received a positive response from New Jersey, Connecticut and Virginia as well as a long delayed supportive letter from North Carolina, the British response to the letter’s polite impertinence was anything but positive. When Massachusetts officials rejected a British order to revoke the letter, the British appointed and controlled Massachusetts governor dissolved the province’s assembly. Mob violence, attacks on customs officials and the arrival of four regiments of British troops followed. The road was now open to revolution. Amendment XVI of the Constitution reads as follows: “The Congress shall have power to lay and collect taxes on incomes, whatever source derived, without apportionment among the several states, and without regards to any census of enumeration.” can become too burdensome and too unfair to provide foundation for a great civilization. One commentator has pointed to “stifling taxes” as one cause of the fall of the Roman Empire. Whatever their certainty and necessity for a civilized society, taxes can become too burdensome and too unfair to provide foundation for a great civilization. That twenty-nine word provision that took effect in 1913 was soon implemented by a tax code of reasonable length. Unfortunately, in the century since that tax code has now grown 187 times greater in length, reaching over 74,000 pages and proving the power of American ingenuity and of well-staffed money centers. That ever growing complex enormity fuels a desire for a simpler and fairer tax code with every citizen paying his fair share. Is that desire only a futile hope? Whether fair or not, taxes are an inevitable element of civilization. Benjamin Franklin, in a letter to a French friend, said the United States’ new constitution had the “appearance of permanency, but in this world nothing can be said to be certain except death and taxes.” An early Supreme Court Justice wrote that: “The power to tax involves the power to destroy.” However, that statement by Chief Judge John Marshall, a soldier during the Revolutionary War, was contradicted by a later member of the Court, who was a wounded hero of the Civil War. Believing the power to tax was not the power to destroy, Oliver Wendell Holmes, Jr. wrote that: “Taxes are what we pay for civilized society.” Whatever their certainty and necessity for a civilized society, taxes The above makes it clear that tax reform and relief is essential for the viable continuance of our government. Widespread entitlement abuse and illegal or legal tax evasion must be effectively restrained. Of course, real movement toward a simpler and fairer tax system depends on the people. Plato once wrote: “When there is an income tax the just man will pay more and the unjust less on the same amount of income.”2 We can only hope there are still far more of the former than the latter. Our survival as a civilized nation rests on that hope. Endnotes 1 It was called a “circular letter” because it was designed to be circulated. See Back Bench columns on Adams and Otis in the February 2010 and June 2010 issues of the WCBA Newsletter, the predecessor of this Magazine. 2 The quotes on taxes cited here and above were taken from Bartlett’s Familiar Quotations, 16 th Edition, published by Little, Brown and Company in 1992. Internet sites were also consulted in preparing this column. PHOTO CREDIT: An engraving from 1789 of the Boston Tea Party from the Library of Congress WESTCHESTER LAWYER I FEBRUARY 2017 I 23 CLASSIFIEDS LEGAL JOBS | OFFICE SPACE | SERVICES OFFICE SPACE LAW FIRMS FOR SALE OR PURCHASE OFFICE AVAILABLE IN WHITE PLAINS - DOWNTOWN Spacious windowed office in premier general practice law firm suite just became available. Great opportunity for business sharing and collaboration. State of the art technology, access to three newly renovated and furnished conference rooms and reception area. Full access to receptionist, two color copier/scanners, fax machine and full kitchen. Two blocks from Courts and train. Parking and secretarial station available. Call for pricing or viewing: Charlene Christie 914-683-2500 ext. 343. WHITE PLAINS One to three windowed offices and one internal office, furnished, with or without secretarial station. Individual heat and A/C 24/7/365. Steps to North White Plains station. 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