NEW YORK
COUNTY LAWYER
April 2011
Visit us at www.nycla.org
Volume 7 / Number 3
M E S S AG E F RO M JA M E S B . KO BA K J R .
P R E S I D E N T O F T H E N E W Y O R K C O U N T Y L AW Y E R S ’ A S S O C I AT I O N
Law Day 2011: The Legacy of John Adams:
From Boston to Guantánamo
Since 1958, the United States has celebrated Law Day in recognition of our
country’s commitment to the rule of law.
The theme of this year’s Law Day, on May
1, is “The Legacy of John Adams: From
Boston to Guantánamo,” and it spotlights,
in the words of ABA President Stephen N.
Zack, “our nation’s first lawyer-president
and fosters understanding of the historical
and contemporary role of lawyers in
defending the principle of due process and
the rights of the accused.” Despite his role
as a prominent leader in colonial resistance
to the British and concern that his reputation would be tarnished, Adams defended a
British officer and soldiers who fired into a
crowd of protestors and killed five civilians
in the 1770 Boston Massacre.
Andrew Hamilton: Defender of
Freedom of Speech and the Press
Another patriot who represented unpopular clients in colonial America was
Andrew Hamilton, brother of one of
America’s founding fathers, Alexander
Hamilton. In 1734, the 80-year-old
Hamilton defended John Peter Zenger, a
printer and publisher, who had been
accused of criminal libel and sedition after
his newspaper, the New York Weekly
Journal, criticized the British royal governor. Zenger’s case was a landmark victory
for freedom of speech and of the press and,
some 50 years later, these doctrines were
incorporated in the First Amendment of
our Constitution.
Notably, Cass Gilbert, NYCLA’s Home
of Law architect, modeled the second-floor
auditorium
after
Philadelphia’s
Independence Hall, which had purportedly
been designed by Andrew Hamilton. In
1933, NYCLA President Charles A.
Boston suggested naming the auditorium
“Hamilton Hall” as a legacy to “the
courage [of Andrew Hamilton] to come to
the City of New York and defend Zenger in
the accusations that were made against him
and for his endeavor to protect the freedom
of the press when two members of the New
York bar had been disbarred for daring to
do it....”
NYCLA’s Dedication to
Due Process of Law
Throughout its history, NYCLA has
been dedicated to the tenets of due process
– the promotion of access to justice and the
active pursuit of reform in American
jurisprudence.
In 1966, NYCLA became a signatory to
New York City’s Assigned Counsel Plan
under Article 18-B of the County Law to
provide representation to indigent criminal
defendants and, in 2000, filed a lawsuit
that helped obtain increased compensation
for those representing indigent defendants.
The NYCLA Justice Center, established
in 2002, has sought to combine the
resources, position and membership of
NYCLA with those of academia, the bench
and the bar, and to partner with non-lawyer
community leaders and groups to identify
and understand legal and social justice
issues, promote access to justice and act as
a catalyst for meaningful improvement in
the justice system of New York State. Since
its inception, the Justice Center, currently
chaired by Hon. George Bundy Smith
(ret.), Associate Judge, New York Court of
Appeals, has sponsored conferences, public fora and documentary screenings,
released reports and co-sponsored programs for the Youth Law Education Project
(See Message from the President on Page 12)
I N S I D E
April Theme: Pro Bono
Pgs. 5 – 11
Volunteer for
Law Week: May 2-5
Pg. 2
Member Benefits
Pg. 5
NYCLA’s Mentoring
Program Launches Second
Season
Pg. 8
Transportation Discounts
for Members
Pg. 10
T A B L E
O F
C O N T E N T S
Annual Meeting Notice ......................4
CLE Programs ..................................13
CLE Tech Programs .........................14
Ethics Hotline .....................................3
Events Calendar..................................2
Law Day Luncheon to Pay Tribute to
Hon. Bernard J. Fried on April 29
On Friday, April 29, beginning at 11:30
AM,
NYCLA’s
Supreme
Court
Committee is hosting its annual Law Day
Luncheon at Cipriani Wall Street, 55 Wall
Street, where the Hon. Louis J. Capozzoli
Gavel Award will be presented to Hon.
Bernard J. Fried, Supreme Court Justice,
Commercial Division, New York County,
by Hon. Judith S. Kaye, Of Counsel,
Skadden, Arps, Slate, Meagher & Flom
LLP and former Chief Judge of the State
of New York. Law Day remarks will be
delivered by Hon. Eric T. Schneiderman,
New York State Attorney General. This
annual event attracts dozens of present and
former New York State trial and appellate
court judges.
The 2011 Law Day theme, “The Legacy
of John Adams: From Boston to
Guantánamo,” celebrates the legacy of
John Adams, explores the historical and
contemporary role of lawyers in defending
the rights of the accused, and renews people’s understanding of and appreciation
for the fundamental principle of the rule of
law.
Law Day Luncheon ............................1
Library Notes....................................10
Member Benefits ................................5
Member News ....................................3
Message from the Director
of the CLE Institute ........................4
Message from the Outgoing President
of the NYCLA Foundation .............3
Message from the President ...............1
Musicians From Marlboro................12
Hon. Bernard J.
Fried
NYCLA’s Mentoring Program ...........8
100 Percent Membership....................6
Pro Bono Programs ............................5
Hon. Bernard J. Fried
Justice Fried, a graduate of Brooklyn
Law School, clerked for Hon. Charles D.
Breitel, (then) associate judge, New York
Court of Appeals. From 1970-72, he was a
senior Fulbright scholar in Seoul, Korea.
Thereafter, he was an assistant United
States attorney for the Eastern District of
(See Law Day Luncheon on Page 13)
Practice of Law Series......................12
Public Policy Developments ............10
Recent Events .....................................8
Substance Abuse Hotline..................13
Hon Eric T.
Schneiderman
Transportation Discounts..................10
Update on 55th Session of U.N.
Commission on Status of Women.10
2
April 2011 / The New York County Lawyer
EVENTS CALENDAR
Events are subject to change; please check the Association’s website,
www.nycla.org, for schedule changes and additions.
April
SPECIAL EVENT IN HONOR OF
WOMEN’S HISTORY MONTH:
EDITH I. SPIVACK AWARDS RECEPTION
Monday, April 4 - 6:00 PM
Place: NYCLA Home of Law – 14 Vesey
Street
Awardee: Kathryn Kolbert, director,
Athena Center for Leadership Studies at
Barnard College
Introductory Remarks: Kathryn
Rodgers, Law Office of Kathryn J.
Rodgers, Esq. and 2004 Edith I. Spivack
Award recipient
Sponsor: Women’s Rights Committee
FREE
RSVP: [email protected] and write ‘April
4 Event’ in the Subject line
SPECIAL EVENT: CHARLES EVANS
HUGHES MEMORIAL LECTURE
Tuesday, April 26 - 6:00 PM
Place: NYCLA Home of Law – 14 Vesey
Street
Lecturer: Hon. Denny Chin, Circuit
Judge on the U.S. Court of Appeals for the
Second Circuit
Sponsor: Hughes, Hubbard and Reed LLP
The lecture topic is “Judging.” Judge Chin
will speak about some of his cases and his
path to the bench. The lecture will be followed by a cocktail reception.
FREE
RSVP: [email protected] and write ‘April
26 Hughes Lecture’ in the Subject line
SPECIAL EVENT: NANETTE DEMBITZ LECTURE
Wednesday, April 27 - 6:00 PM
Place: NYCLA Home of Law – 14 Vesey
Street
Topic: “Doing More With Less – The
Effect of Budget Cuts on the New York
City Family Court System“
Panelists: Hon. Edwina RichardsonMendelson, Administrative Judge, New
York City Family Courts; Stephanie
Gendell, associate executive director for
Policy and Public Affairs, Citizens’
Committee for Children of New York;
John B. Mattingly, commissioner,
Administration for Children’s Services;
Peter Passidomo, Esq., chief clerk, New
York City Family Court; and Tamara
Steckler, Esq., attorney-in-charge, Juvenile
Rights Practice, The Legal Aid Society
Refreshments served
Sponsor: Family Court and Child Welfare
Committee
FREE
RSVP: [email protected] and write ‘April
27 Dembitz Lecture’ in the Subject line
PUBLIC FORUM: THE DIGITAL
DELUGE: REPRESENTING ONLINE
PUBLICATIONS WHEN
EVERYTHING IS CHANGING
Thursday, April 28 - 6:00 PM
Place: NYCLA Home of Law – 14 Vesey
Street
Speakers: James Rosenfeld, partner,
Davis Wright Tremaine LLP; Rebecca
Sanhueza, vice president and deputy general counsel, Time Inc.; and Richard Tofel,
general manager, Pro Publica
Moderator: Kathleen Conkey, Esq., Law
Offices of Kathleen Conkey
The panel discussion features three top
practitioners in the field of media law, who
will share insights and practice tips for representing online publications in the fast-
paced and ever-changing digital environment.
Sponsor: Entertainment, Media,
Intellectual Property and Sports Law
Section’s (EMIPS) Entertainment and
Media Law Subcommittee
FREE
RSVP: [email protected] and write ‘April
28 Forum’ in the Subject line
SPECIAL EVENT: LAW DAY
LUNCHEON
Friday, April 29 - Reception: 11:30 AM;
Luncheon: 12:30 PM
Place: Cipriani Wall Street – 55 Wall
Street
Law Day Remarks: Hon. Eric T.
Schneiderman, New York State Attorney
General
Hon. Louis J. Capozzoli Gavel Awardee:
Hon. Bernard J. Fried, Supreme Court
Justice, Commercial Division, New York
County
Presenter: Hon. Judith S. Kaye, Of
Counsel, Skadden, Arps, Slate, Meagher &
Flom LLP and former Chief Judge of the
State of New York
Sponsor: Supreme Court Committee
Tickets: Individual ticket: $200; Table
Sponsorships: Maecenas - $3,600, table
of ten, full-page ad in Luncheon program,
recognition in the New York Law Journal,
recognition in the Luncheon Program;
Patron - $2,800, table of ten, recognition in
the New York Law Journal, recognition in
the Luncheon Program; Supporter $2,400, table of ten, mention in the
Luncheon program
To purchase tickets or for more information, please visit NYCLA’s homepage at
www.nycla.org or contact Christina
Andujar at [email protected].
May
CELEBRATION OF ASIAN
HERITAGE MONTH
Thursday, May 12 - 6:00 - 8:00 PM
Place: NYCLA Home of Law – 14 Vesey
Street
Sponsors: NYCLA and the Asian
American Bar Association of New York
New York’s Asian-American jurists will be
the special guests at this celebration of
Asian Heritage Month.
FREE
RSVP: [email protected] and write ‘May
12 Event’ in the Subject line
(More information will appear in the May
newspaper.)
“IN CHAMBERS” PROGRAM
Wednesday, May 18 - 12:30 PM
Host: Hon. Betty Weinberg Ellerin, former
Presiding Justice, New York Supreme
Court, Appellate Division, First Department
Place: TBD
Sponsor: Young Lawyers’ Section
FREE
RSVP: Young Lawyers’ Section Co-Chair
Daniel K. Wiig at [email protected]
NYCLA ANNUAL MEETING
Thursday, May 26 - 5:30 PM
Place: St. Paul’s Chapel – Broadway and
Vesey Street, followed by a reception at
the NYCLA Home of Law – 14 Vesey
Street
A presentation of the President’s Annual
Report and the Treasurer’s Report and the
induction of NYCLA officers and directors.
(For more information, refer to page 4.)
Tell Us How We’re Doing
NYCLA WANTS YOUR FEEDBACK
Input regarding our programs, benefits and services helps NYCLA serve you,
our members!
PLEASE LET US KNOW WHAT WE CAN DO TO MAKE YOUR MEMBERSHIP EXPERIENCE BETTER.
We encourage all responses. Email [email protected], or to remain anonymous,
put your comments in a drop box in NYCLA’s lobby or mail to: NYCLA, 14
Vesey Street, New York, NY 10007 (without a return address. Thank you!
NYCLA Members Eligible for
Special 20 Percent Discount at
One Medical Group
We are not your typical doctor’s office - we offer a superior level of service and
a variety of member benefits, including:
Same-day appointments to accommodate your busy schedule
A trusted team of primary care physicians
Longer, more personalized office visits that start on time
Three convenient Manhattan office locations
Email access to our physicians and staff
Online appointment scheduling and prescription renewals
Referral relationships with the best specialists
We accept most major PPO and HMO insurance plans to cover office visits and
applicable services. One Medical members support our unique style of practice
with an annual $199 fee and, as a NYCLA member, you are eligible to receive
20 percent off this fee.*
*Offer is valid for new members only - expires 8/14/11.
To read more about our doctors and services, please visit our website at
www.onemedical.com or call 212-530-2271.
To join:
1. Go to www.onemedical.com
2. Click sign up - in the top, right-hand corner
3. Fill out the online registration form
4. Enter discount code NYCLAX201 on the Membership Confirmation page
5. Call or book an appointment online at your convenience
New York City Office Locations
515 Madison Avenue, 25th Floor @ 53rd Street
489 Fifth Ave, 3rd Floor @ 42nd Street
30 Broad Street, 45th Floor @ Exchange Place
“...One Medical Group, a new model for primary care that aims to set a nationwide example.” - The New York Times, 2/1/11
Volunteer for Law Week: May 2 - 5
By Hon. Richard Lee Price
NYCLA’s Law-Related Education
Committee is looking for volunteers to
speak for 45-90 minutes as needed by
New York City high schools during “Law
Week,” May 2 through 5. This year’s
Law Day theme is “The Legacy of John
Adams: From Boston to Guantánamo”
and the topics we’re asking speakers to
discuss are: Civil Rights and Liberties,
Criminal Law or Careers in the Law. We
think this is an exciting opportunity to
engage New York City’s children but it is
a substantial undertaking and requires the
contributions of all of us.
Would you like to volunteer for this
worthwhile effort? Volunteers may be
asked to give a short speech and answer
students’ questions or perhaps participate
in a Law Day program or assembly. All
who are interested - from junior associate
Correction
to senior partner - are welcome to participate. The commitment is minimal in
terms of time but rewarding in terms of
the satisfaction you will receive from
making an impact on the lives of young
people.
To participate, call Lois Davis, director
of Pro Bono Programs, at 212-267-6646
ext.
217
or
email
her
at
[email protected]. For a copy of
NYCLA’s NYC Youth Law Manual, a
valuable 23-chapter resource book detailing the rights and responsibilities of New
York City’s young people, go to
NYCLA’s website, www.nycla.org and
click on Justice Center, then on Programs
& Reports and download a pdf version of
the Manual. A free ABA/Law Day planning guide may be obtained by visiting
www.lawday.org.
Justice Price chairs NYCLA’s LawRelated Education Committee.
In the March issue, the front-page article about Women’s History Month stated
that it had begun in 1970. The correct year was 1980. We apologize for the error.
April 2011 / The New York County Lawyer
M E S S A G E F R O M S T E WA R T D . A A R O N
O U T G O I N G P R E S I D E N T O F T H E N Y C L A F O U N D AT I O N
April 2011
Dear Friends:
On behalf of the New York County Lawyers’
Association (NYCLA) Foundation, I am pleased to
announce the new members of its Board of Directors
who were recently elected. The Board will now be
chaired by Carol A. Sigmond. Carol is a partner in the
law firm of Dunnington, Bartholow & Miller LLP and
a very active NYCLA member. Joining Carol as newly
elected to the Board are Glenn Lau-Kee, a partner in the law firm
of Kee & Lau-Kee, PLLC; Barbara Moses, a principal in the law
firm of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer,
P.C. (and NYCLA Vice President); Susan L. Shin, a partner in the
law firm of Arnold & Porter LLP; and Martha Cohen Stine, a
partner in the law firm of Cohen Rabin Stine Schumann LLP.
The Foundation is very excited about our new additions and is
confident that they will make excellent additions.
Continuing as Board members are Scott Berman, Howard
Burns, Vincent Chang, Sylvia Di Pietro, Thomas Draper, Vilia
Hayes, Stephen Hoffman, James Kobak, Ann Lesk, Susan
Lindenauer, Lester Nelson, Lennard Rambusch, Lewis Tesser,
Rita Warner, Richard Williamson and myself. The officers of the
Foundation, who also were newly elected, are Barbara Moses,
President; Susan Lindenauer, Vice President;
Richard Williamson, Vice President; Vincent Chang,
Secretary; and James Kobak, Treasurer.
The Foundation acts as the fund-raising arm for
NYCLA and helps to support NYCLA’s historic
landmark building, as well as NYCLA’s pro bono
and other programs. The Foundation welcomes your
contributions. Although we hope you’ll give generously, we welcome a gift in any amount. You can
make your contribution online by going to NYCLA’s
website at www.nycla.org and clicking on NYCLA Foundation
or by mailing a check payable to the NYCLA Foundation to:
NYCLA Foundation, 14 Vesey Street, New York, NY 10007. As
the Foundation is recognized by the IRS as a 501(c)(3) organization, your gift is deductible to the extent provided by law.
This is my last letter to you as Foundation President. I hope
you’ll look for future letters from me in this newspaper, after I
assume the NYCLA Presidency in May.
Sincerely,
Stewart D. Aaron
Outgoing President of the NYCLA Foundation
As the owner of a solo practice focusing on commercial litigation, business law and bankruptcy, I find that my
NYCLA membership provides access to many resources and tools necessary to make my practice thrive. I
regularly take advantage of the electronic research facilities, as well as a variety of CLE and networking
opportunities, which make my membership absolutely worthwhile.
Adrian M. Szendel NYCLA Member Since December 2004
I am a law student and NYCLA has provided me the opportunity to continue my education outside of the
classroom, exchange ideas and possible solutions to challenges faced in and out of the workplace and, more
importantly, tap into the extended knowledge of members who are well-respected individuals in our profession.
Luz E. Gonzalez
NYCLA Member Since November 2007
Member News
Ethics Hotline
April 1-15
Wally Larsen
212-225-2359
April 16-30
Bruce Green
212-636-6851
Please Note: Assignments are subject
to change.
Questions to the Hotline are limited
to an inquiring attorney’s prospective
conduct. The Hotline does not answer
questions regarding past conduct, the
conduct of other attorneys, questions
that are being litigated or before a disciplinary committee or ethics committee, or questions of law. This notation
shall not be construed to contain all
Hotline guidelines. For a full discussion of Ethics Hotline guidelines,
please see “Guidelines on NYCLA’s
May 1-15
Sarah D. McShea
212-679-9090
Ethics Hotline,” September 2006, New
York County Lawyer, Vol. 2, No. 7. To
view the article, visit NYCLA’s website at www.nycla.org, click on Ethics
(on the left-hand side of the page) and
then on Ethics Hotline.
Ethics Hotline and Opinions
The Professional Ethics Committee
accepts telephone inquiries from
NYCLA members on ethics matters
and provides advisory opinions. All
full-text opinions are available in the
Ethics section of NYCLA’s website at
www.nycla.org.
Save The Date
On Tuesday, September 20, from 5:30 – 7:30 PM, NYCLA and the State-Federal
Judicial Council will present a free panel discussion, “Utilizing Affidavits in Lieu
of Direct Testimony at Trial,” moderated by Professor Jane Spinak, Columbia Law
School, at the Daniel P. Moynihan U.S. Courthouse at 500 Pearl Street. Panelists
will be: Susan Bender, Bender Rosenthal Isaacson & Richter LLP; Hon. Richard M.
Berman, U.S. District Court, Southern District of New York; Hon. Laura E. Drager,
Supreme Court, Civil Branch, New York County; Hon. Douglas E. Hoffman, New
York City Family Court; and John J. Kerr, Esq., Simpson Thacher & Bartlett LLP.
CLE credit will be offered.
Alan E. Kahn, a member of several
NYCLA committees including the
Law & Literature and Taxation
Committees, presented his 36th CLE
program, “What To Do When the Tax
Man Calls,” as part of NYCLA’s
Bridge the Gap series on April 1.
Under the auspices of NYCLA’s
Trusts & Estates Section, has Mr.
Kahn also lectured at Holland &
Knight LLP.
Barry R. Temkin, chair of
NYCLA’s
Professional
Ethics
Committee and a partner at Mound
Cotton Wollan & Greengrass, has
published an article in the New York
State Bar Association Journal’s
March/April 2011 issue, titled “The
Ethical Issues of Lateral Moves:
Whether, When and How to Notify
Clients of a Lawyer’s Resignation.”
NYCLA Board Secretary Susan J.
Walsh
has
joined Vladeck,
Waldman, Elias & Engelhard, P.C. as
counsel. She chairs NYCLA’s
Committee on Committees, is a
member of the Executive and
Nominations Committees and is the
former chair of the Criminal Justice
Section. Ms. Walsh’s concentration
continues to be in criminal defense,
including trials and appeals, and will
continue to expand her practice in
labor and employment law.
NEW YORK
COUNTY LAWYER
James B. Kobak Jr.
President
Sophia J Gianacoplos
Executive Director
Mariana Hogan
Chair, Editorial Board
Marilyn J. Flood
Counsel to NYCLA
Executive Director of the
NYCLA Foundation
Anita Aboulafia
Editor
Director of Communications
New York County Lawyer is
published by
Long Islander Newspapers
under the auspices of
the New York County Lawyers’
Association. For advertising
information, call 631-427-7000.
Mailing address: 149 Main Street,
Huntington, NY 11743.
Copyright © 2011 New York County
Lawyers’ Association. All rights
reserved. New York County Lawyers’
Association grants permission for
articles and other material herein or
portions thereof to be reproduced and
distributed for educational or professional use through direct contact with
clients, prospective clients, professional colleagues and students provided that such use shall not involve
any matter for which payment (other
than legal fees or tuition) is made
and provided further that all reproductions include the name of the
author of the article, the copyright
notice(s) included in the original
publication, and a notice indicating
the name and date of the Association
publication from which the reprint is
made. Subscription rate: $10.00 per
year for non-members
New York County Lawyer is published
monthly (except January and August) for
$10 per year by New York County Lawyers’
Association, 14 Vesey Street, New York, NY
10007. Periodicals postage paid is mailed at
New York, NY and additional mailing
offices. POSTMASTER: Send address
changes to: New York County Lawyer, 14
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ISSN: 1558-5786
$10.00 of membership dues is deducted for
a one-year subscription to the New York
County Lawyer.
Photo Credits
Anita Aboulafia
Joseph Caraccio
Alanna Gluck
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April 2011 / The New York County Lawyer
MESSAGE FROM BARI CHASE
DIRECTOR OF THE CLE INSTITUTE
The New York Center for
Neuropsychology
& Forensic Behavioral Science
Dr. N.G. Berrill, Director
[ Over 20 Years \
Providing Consultation to Attorneys
CLE Programs This Spring
In April, the CLE Institute will offer
both new programming and video replays
of some of its most popular programs.
RESCHEDULED PROGRAM: Due
to a snowstorm, the CLE Institute
rescheduled Making the Deal: How Real
Estate Deals Are Getting Done Under
Current Market Conditions to Monday,
April 11. Two experts in the real estate
field, a top broker and experienced real
estate attorney, will discuss how to understand the reality of market conditions;
identify a target property; analyze the
financial information – building financials, potential risks and “red flags,” closing costs; engage in the negotiation
process to reach an agreement; and navigate the complexities needed to get the
property closed.
On Thursday, April 14, Program Chair
Mark Rosen will conduct another program, Evidence in Federal Criminal
Proceedings: Practical Skills for the
Modern Courtroom, which takes a
more in-depth look at the most important
issues involved in criminal proceedings
tried in federal courts. A panel of experts
will explore the evidentiary issues
involved in federal criminal proceedings
– especially in light of the changes occurring in modern federal courts. Learn how
technology is changing the way evidence
(See Message From Bari Chase on Page 13)
& the Courts on Psycho-legal Matters
• Criminal Cases: Competency Issues, Criminal
Responsibility, Extreme Emotional Disturbance, Risk
Notice of Annual Meeting on Thursday, May 26, 2011 at 5:30 PM
at St. Paul’s Chapel, Broadway and Vesey Street.
Reception to follow at the NYCLA Home of Law, 14 Vesey Street
Assessment, Sex Offender Workups & Dispositional
Planning
• Matrimonial & Family Court Cases:
Custody/Visitation, Neglect/Abuse, Termination,
Delinquency, Family Violence, & Adoptions
• Civil Cases: Competency Issues, Head Trauma,
Sexual Harassment, Discrimination, Immigration,
& Post-Traumatic Stress Disorders
Comprehensive Diagnostic &
Treatment Services
26 Court Street, Suite 912, Brooklyn, NY 11242
718-237-2127
&
45 North Station Plaza, Suite 404, Great Neck, NY 11021
516-504-0018
WWW.NYFORENSIC.COM
_______________________________
(Please Print Name)
April 2011 / The New York County Lawyer
Frequently Asked Questions about
NYCLA Pro Bono Opportunities
April Theme: Pro Bono
The theme of the April issue of New
York County Lawyer is Pro Bono. Read
the first-person accounts of nine NYCLA
members who have dedicated themselves
to helping those less fortunate.
By Lois Davis
Why should I get involved in NYCLA’s
pro bono projects?
Getting involved in pro bono projects
allows you to explore different areas of
the law and may help you find your passion. Additionally, you will be helping
some of the many New Yorkers who desperately need access to legal services.
I want to volunteer. How do I find information about NYCLA’s pro bono
opportunities?
Our website contains descriptions of our
volunteer opportunities, including information about the qualifications (that vary
depending on the project) and time commitment. We offer a full range of opportunities – from providing legal information
and assistance to resolve a problem before
legal action is taken – to representing individuals who are challenging an adverse
decision at administrative hearings.
I know which project I would like to
volunteer for; how do I get started?
Contact me, the director of pro bono
programs, to discuss the next steps. I will
let you know about upcoming training
sessions.
I just took the New York State bar exam and
am awaiting my results. Can I volunteer?
No, you must be admitted to the New
York State bar to participate in any of
NYCLA’s pro bono projects.
I am a new attorney and have no legal
experience. Do you provide training?
Yes, volunteers are required to attend
the mandatory training sessions, where
substantive areas of the law are covered by
experts in the field. By attending the training sessions, volunteers gain confidence
and are well prepared, and NYCLA is
assured that the quality of the legal services it delivers to clients is high.
Are mentors available?
Yes, mentors who have expertise in the
subject areas provide ongoing assistance
and advice to the volunteer attorneys.
I don’t have a lot of time, can I still volunteer?
Yes, we make a concerted effort to provide opportunities that efficiently use volunteers’ time to meet pressing community
needs.
Does NYCLA provide malpractice
insurance for its volunteers?
Yes, our pro bono malpractice insurance
covers volunteers who are members of
NYCLA.
Do I receive CLE credits?
Yes, CLE credits are given for attending
the mandatory training sessions.
Do NYCLA’s pro bono programs provide opportunities for volunteers who
are not attorneys?
No, we do not use non attorneys in the
delivery of our legal services.
If you still have questions, contact
Lois Davis, director of pro bono programs, at [email protected].
Diana C. Gianturco
ATTORNEY AT LAW
P.O. BOX 419
LONG BEACH, NY 11561
Tel: 888-805-8282
Fax: 516-706-1275
Text: 321-480-1678
APPEARANCES IN
QUEENS COUNTY
E-mail: [email protected]
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April 2011 / The New York County Lawyer
U.S. Tax Court Pro Bono Project
By Stephen Lessard
The United States Tax Court travels to
over 75 cities each year to provide taxpayers a forum in which to dispute a tax deficiency before paying any disputed amount.
Most taxpayers who appear at the Tax Court
are unrepresented and cannot afford to pay
a lawyer to represent them. Although the
Court provides an instructional video on its
website for pro se taxpayers, appearing in
court can be an overwhelming and daunting
experience for these individuals. Created in
an effort to provide these pro se taxpayers
with assistance, the NYCLA U.S. Tax
Court Bar-Related Pro Bono Project was
formally recognized by the Tax Court in
August 2010 and commenced its activities
in September 2010, becoming the first Tax
Court bar-related program in New York
State.
Tax attorneys who volunteer for the program help taxpayers at calendar call navigate the unfamiliar process of calendar
call, settlement negotiations and final trial
preparation. Through the proTax Court hears are pro se, so it
gram, a tax practitioner can help
is no surprise that the Tax Court
unrepresented taxpayers—and
judges and IRS counsel find that
the Court—in a few hours, all
the program adds value to the
without entering an appearance
system,” says Connors. The proor committing to long-term repgram also collaborates with
resentation of a pro bono client.
Low-Income Taxpayer Clinics
The importance of the program
run by local law schools, which
to all involved is clear to Peter
provide opportunities for law
Connors, a partner at Orrick, Stephen Lessard students to represent lowHerrington & Sutcliffe LLP,
income taxpayers appearing
who, as an officer of the American Bar before the Tax Court.
Association Taxation Section, laid the
The program was implemented in two
groundwork for establishing the program. phases. The first phase focused on mobi“On one hand, taxpayers who cannot lizing a cadre of volunteers who were
afford legal representation receive it; on already experienced tax controversy practhe other, tax lawyers—young and experi- titioners. The second phase is intended to
enced—have the opportunity to get welcome less experienced tax practitioners
involved in tax controversies,” Connors as program volunteers and provide them
noted. Indeed, the program has been well with the training and mentoring needed to
received by Tax Court judges and local facilitate their participation in the proIRS counsel offices, as well as by pro se gram. The program’s second phase started
taxpayers appearing in court, and was the in February 2011 with a series of training
subject of a recent New York Law Journal sessions on tax controversy issues, the first
story. “Over 70 percent of the cases the of which was hosted by Fulbright &
Jaworski LLP. Four more trainings are
planned for 2011 and will include government, as well as judicial, speakers. The
next training session dealing with innocent
and injured spouse relief is scheduled for
April 27.
Both experienced tax practitioners and
newer lawyers benefit from the program.
“Tax lawyers who don’t generally try cases
benefit by seeing the process through trial;
actual trial experience will give the clauses they draft more meaning,” explains
Frank Agostino, of Agostino & Associates,
an experienced tax practitioner who helped
launch the program. Vlad Frants, a 2009
graduate of Brooklyn Law School, agrees,
noting, “I work on the transactional side of
tax; therefore, I have no day-to-day exposure to tax litigation. The Tax Court Pro
Bono program has broadened my knowledge and experience while helping others.”
Agostino added, “For experienced
lawyers, it is an obligation to pass on what
we know to the next generation. Pro bono
(See Tax Court Pro Bono Project on Page 14)
A Gratifying Pro Bono Experience: How a Team of Attorneys
Improved the Lives of 17 Mentally Disabled Men
By Lisa E. Cleary
One of the most challenging and gratifying pro bono experiences of my professional career involved my participation with a
team of lawyers seeking justice for 17 mentally disabled men living in an adult home
in Queens. In 2001, MFY Legal Services,
Inc. and Patterson Belknap Webb & Tyler
LLP filed a lawsuit alleging that the men
had been subjected to needless prostate surgery at the hands of those charged with their
care. We stated claims on behalf of our
clients under various statutes, including the
Americans with Disabilities Act (ADA), the
Rehabilitation Act (the Rehab Act) and federal civil rights conspiracy laws, on the
grounds that our clients were targeted for
medical abuse because they were mentally
ill and unable to defend themselves. In
denying a motion for summary judgment,
Judge Nina Gershon of the Eastern District
of New York held that there was enough
evidence suggesting the corporate
held by a foundation for the bendefendants’ policies and practices
efit of our clients. The trust is
permitted civil rights abuses, that
administered by the trustee of a
vicarious liability is permitted
foundation established to benefit
under both the ADA and the Rehab
persons with disabilities. Under
Act and that injunctive relief was
the terms of the settlement,
appropriate. The Court deterwhen one of our clients dies, the
mined that it could consider the
remaining balance of the funds
high probability that similar disheld for the benefit of the
crimination would occur in the
deceased client is to be distribLisa E. Cleary
future in the absence of the entry of
uted pro rata within the pooled
an order of injunctive relief.
trust to our remaining living clients. When
Following extensive motion practice and none of our clients survives, any balance
discovery, the operator of the adult home, will be distributed to the larger pool of supthe hospital where the unnecessary surger- plemental needs trusts at the foundation.
ies occurred and the doctors and others
Our clients’ daily needs are met by a noninvolved in the alleged scheme settled the profit-supported
housing
provider,
matter in 2004 for more than $10 million. Transitional Services of New York, Inc.
Magistrate Judge Steven M. Gold devoted (TSI) that, in conjunction with the trust and
substantial time and effort to the settlement counsel, purchased a home in Queens for
negotiations. The proceeds of the settle- the benefit of a subset of the clients. When
ment were deposited into a supplemental the last of our clients dies, the house will
needs trust, called a “pooled trust,” which is revert to TSI for the benefit of other persons
with mental illness in need of communitybased housing. A Cravath Swaine & Moore
partner, Thomas Dunn, supervised his
firm’s work in drafting an agreement
required for the purchase of the home,
including a complex financial arrangement
providing for the house to devolve ultimately to TSI for the benefit of the clients TSI
serves. Many individual lawyers served on
a pro bono basis as Next Friends for our 17
original clients, ensuring that their individual interests were protected throughout the
litigation.
In the seven years since the settlement,
lawyers at MFY and our firm have continued to follow the lives of our clients. None
of the men continues to reside at the adult
home that was at the center of the conspiracy. Sadly, the number of living clients has
now dwindled to nine but the lives of our
clients have been immeasurably better as a
result of the settlement. Five of our clients
(See A Gratifying Pro Bono Exp. on Page 15)
100 Percent NYCLA Membership at Cohen Rabin Stine Schumann
NYCLA congratulates Cohen Rabin Stine Schumann
LLP for 100 percent firm membership in the New York
County Lawyers’ Association. Amongst the City’s power
elite, Harriet Newman Cohen is considered the “maestro
of the highly public marital split,” according to The New
York Observer. A longtime NYCLA member, Ms. Cohen
is a former co-chair of NYCLA’s Matrimonial Law
Section and all of the firm’s partners currently serve on
the Matrimonial Law Section. Partner Bonnie Rabin, a
well-respected trial lawyer, has lectured frequently at
NYCLA on a wide range of family law issues and stated,
“NYCLA is a wonderful resource for lawyers. The programs are informative and cutting edge and attract a
diverse group of practitioners.” Partner Gretchen Beall
Schumann is president of the New York Women’s Bar
Association and Martha Cohen Stine, a family law and
trial attorney who performed at NYCLA’s Annual Dinner
last year, was recently elected to serve as a director of the
NYCLA Foundation. “I was honored to perform the
national anthem at the County Lawyers’ dinner and proud
to report that I forgot not a single lyric,” declared Ms.
Stine, who confesses to having worked with a City Opera
vocal coach to prepare. “I would say that performing in
front of 1,000 of my colleagues at the Waldorf was one of
the highlights of my musical career.” She concluded, “The
last few months have been very exciting and gratifying
NYCLA months for me.”
NYCLA Members Form New Firm and Now
They’re on Top of the World!
After a parting of ways among longtime partners, the
new matrimonial, family law and litigation firm was
able to find high-end office space quickly at Seven
Times Square, also known as Times Square Tower.
“From our offices on the 38th floor, we look directly
down onto the New Year’s Eve ball at Times Square,
which sparkles 24/7. This is a fabulous central location
and we feel like we are on the top of the world. It’s a
dynamic and upbeat environment and a good fit for our
clients, who often come to us in times of distress,”
Martha Cohen Stine said.
Cohen Rabin Stine Schumann LLP is a full-service
matrimonial, family law and litigation law firm, established to provide the most committed and personal legal
service to clients (men and women in equal numbers).
The firm handles divorce, local, national and international custody disputes, prenuptial, postnuptial and separation agreements, cohabitation agreements, paternity
proceedings, same-sex family law issues, including marriages, birth of children and second-parent adoptions,
post-divorce modification and enforcement proceedings
and all other related family law/divorce matters.
If your firm has 100 percent participation at NYCLA
and a minimum of five attorneys, please email Harriet
Astor, director of the Membership Department, at has-
Front row (from left to right): Founding partners: Martha
Cohen Stine, Harriet Newman Cohen, Bonnie E. Rabin,
Gretchen Beall Schumann
Back row (from left to right): Robert Pagano, legal assistant,
and three associates, Orrit Hershkovitz, Tim James and
Alexandra Fisher
[email protected] or call her at 212-267-6646 ext. 212 so
we can honor you.
April 2011 / The New York County Lawyer
7
Manhattan CLARO: Assisting Litigants with Consumer Debt Issues
By Jennifer Olaya
As a CLARO (Civil Legal Advice and
Resource Office) volunteer for both
Manhattan and the Bronx, I am glad to
have the opportunity to be part of this
NYCLA-sponsored pro bono program.
How did I decide to volunteer for the
CLARO Project amidst the other pro bono
programs that NYCLA sponsors? At the
time I started volunteering in May 2008, I
was temping at a midtown firm. I wanted to
complement my work with volunteer work,
which would not only keep my lawyering
skills up to par, but would also allow me to
assist litigants in a meaningful way.
One aspect of volunteering for
Since 2006, I regularly read
CLARO that appealed to me was
the New York County Lawyer and
experiencing the ‘human interit was there that I learned about a
est’ side of the litigants who
new volunteer program called
sought help from the free, walkManhattan CLARO. Previously,
in clinic. Behind every legal conI had read about other volunteer
sumer debt problem a litigant
programs — CLARO, however,
has was a personal and somepiqued my interest because it
times very intimate story directly
involved assisting self-represented litigants with consumer debt Jennifer Olaya related to why s/he was now
issues by preparing affidavits and
seeking legal advice and inforanswers, and/or advising them on how to mation. Listening to their stories enables
stop being harassed by creditors, while, at me to accurately craft motion papers and
the same time, assisting a particular popu- counsel accordingly so that the litigants
lation in need of competent, legal advice can properly pursue their claims in court.
and help.
Recently, I have also been volunteering
at the Bronx CLARO Program. The
response to that clinic has been astoundingly positive. Although the inner workings of the Bronx CLARO Program have
the same structure as that of Manhattan’s,
I realize subtle differences; while the range
of consumer debt issues is broader in the
Bronx, there are more self-represented litigants seeking the help of Manhattan
CLARO for Supreme Court cases. Of
course, these are just my personal observations, but they are nevertheless an integral
part of my volunteer experience thus far.
The fact that the CLARO Project continues to be successful because self-repre(See Assisting Consumer Debt on Page 13)
Manhattan CLARO: Volunteering is a Convenient Way to Make a Big Impact
By Vaughn Browne
From the litigants’ perspective, attorneys
are often viewed as the vanguards in their
pursuit for justice (or against injustice).
Undoubtedly exacerbated by the country’s
current dire economic condition, the number of pro se litigants has drastically
increased in recent years. As attorneys, we
have a professional responsibility to
assure, in whatever way we can, that the
path to justice remains accessible to both
the poor and wealthy alike. In this vein,
NYCLA’s Legal Counseling Project and
the Manhattan Civil Legal Advice and
The CLARO program is a
Resource Office (CLARO) prohighly efficient joint venture
vide convenient and rewarding
with NYCLA, Fordham Law
opportunities to assist those who
School and the court system. All
are financially unable to hire
volunteer attorneys receive trainlegal representation.
ing and are either NYCLA memHaving a bankruptcy and combers and/or Fordham alumni, and
mercial litigation background, I
commit to volunteering in the
am a volunteer attorney with
Manhattan Civil Court for two
both CLARO and the Legal
Counseling Project. My initial Vaughn Browne hours per month for one year.
involvement
started
with
Pro se litigants come to
CLARO as a way to use my background to CLARO primarily because of consumer
assist those in need of legal assistance with debt issues, ranging from harassment by
consumer debt issues while expanding my creditors or debt collectors, assistance with
professional network.
preparing answers or complaints/counter-
claims, requesting/responding to discovery,
preparing orders to show cause to vacate
default judgments and/or lift income executions, negotiating settlements or simply providing an explanation of what to expect
when they appear in court. With the assistance of the volunteer attorneys, many are
capable of confidently and successfully representing themselves even when their opponents are represented by counsel. My
CLARO work is very rewarding, especially
when litigants return to express their gratitude and seek follow-up assistance with the
next step of the process.
(See Make A Big Impact on Page 15)
Project Restore: A Source of Inspiration
By Denise Lekowski
When I learned about Project Restore
last summer, I immediately knew that I
wanted to volunteer in the program. I had
seen memorable examples of individuals
with criminal records who had transformed themselves into compassionate
agents for constructive social change.
However, when I took on my first case I
was surprised to find that I was somewhat
hesitant about going through with it. The
Project Restore Receives
New York Bar Foundation Grant
On March 14, former NYCLA Board
member Sylvia F. Chin (second from
left), co-chair of the Fellows of The New
York Bar Foundation, First Judicial
District, presented the Foundation’s
$5,000 grant for NYCLA’s pro bono
program, Project Restore, to NYCLA
Board member Collin D. Bull (third
from left), supervising attorney for the
program, and Lois Davis, NYCLA’s director of Pro Bono programs. NYCLA
President James B. Kobak Jr. (far left) and President Elect Stewart D. Aaron (far
right) thanked Mr. Bull and Ms. Davis for their dedication and commitment.
Financial Hardship
If you are experiencing financial hardship, you can apply for a dues waiver
and/or a no-fee use of a conference room. For an application, please email
[email protected] or call Bernard at 212-267-6646 ext. 208.
NYCLA ALSO OFFERS THE FOLLOWING RESOURCES
Discounted CLE courses – complete your 2011 bi-annual requirements - CLE
scholarships are available
Competitively-priced Health Insurance
FREE Westlaw, Lexis and Bloomberg Law online research in our library
FREE online job postings
FREE forums, programs and events
FREE and OPEN committees (great for networking)
FREE Networking and Professional Development Programs
DISCOUNTS at over 40 retail establishments.
To view benefits, log in at www.nycla.org. If you have questions, please call
Diana Kosanovich at 212-267-6646 ext. 213 or email [email protected].
State had denied my client a security guard
license based on convictions for attempted
burglary and endangering the welfare of a
child. I wondered how we were going to
persuade the State that someone convicted
of these crimes could be trusted by the
public to protect people and property as a
security guard.
Despite my initial reservations, I knew
that I still wanted to work on the case. It
did not seem reasonable that an individual
should be forever barred from a profession
when he had already paid his debt to society. I also thought that there must be more
to the story than the convictions might
suggest. My first meeting with the client
proved this to be true. It was also a huge
comfort to learn that the Project Restore
Supervising Attorney Collin D. Bull
had conducted a thorough screening
process to ensure that the client qualified
for a security guard license. This bolstered
my confidence and intensified my motivation for the case. I was also inspired by my
client, who had long since turned his life
around and was now working to help other
individuals in need. In preparation for the
hearing, I met with him a few times and
was continually impressed by his compassion, integrity and positive outlook on life.
When I became a Project Restore volunteer I was a “young” attorney with a little
over two years of legal experience limited
to immigration law so I lacked a certain
confidence. However, the training was
very informative and provided me with all
of the tools necessary for effective representation. Nevertheless, questions did arise
during the course of representation and
both Lois Davis, NYCLA’s pro bono program director, and Mr. Bull were consistently helpful and supportive.
In preparation for the hearing, I
observed other Department of State licensing hearings, which were an educational
experience. I relaxed somewhat when I
saw that the hearings were conducted in a
more casual atmosphere than I had expected. However, I also noticed all of the security guards and some of the other license
applicants were pro se and dreadfully
(See Project Restore on Page 14)
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8
April 2011 / The New York County Lawyer
Recent Events
More Than 250 Lawyers and Judges
Attend NYCLA’s Judicial Reception
On March 2, NYCLA’s Supreme Court Committee welcomed Hon. Jonathan Lippman, Chief Judge of the
State of New York, who delivered remarks at the annual Judicial Reception honoring newly elected, appointed,
re-elected and re-appointed state and federal judges. Pictured (from left to right) are: Reception Co-Chairs
Henry J. Kennedy and Howard W. Burns Jr., Judge Lippman and NYCLA President James B. Kobak Jr.
Young Lawyers’ Section
Sponsors Immigration Law
Public Forum
On February 15, NYCLA’s Young Lawyers’
Section sponsored a public forum, “Current
Issues in Immigration Law,” held at New
York Law School and co-sponsored by the
school’s Phi Alpha Delta chapter. Pictured (from left to right) are: Fiona M. Dutta,
Esq., event chair and moderator; Dev Viswanath, Esq., principal, The Banad Law
Offices, P.C.; Mathilde Roman, Esq., deputy commissioner and general counsel,
Mayor’s Office of Immigration Affairs; Mark Popiel, Esq., partner, Malik & Popiel
P.C.; and Jitesh Malik, Esq., partner, Malik & Popiel, P.C.
Lights, Camera, Action!
at Membership’s “Acting
for Lawyers” Program
On March 10, NYCLA members attended “Acting for Lawyers” presented by Caroline
Thomas’s Total Theatre Lab. Ms. Thomas (above), a graduate of The Royal Academy
of Dramatic Art in London, has appeared on Broadway and has been teaching acting
for over 20 years.
Membership Presents “Avoiding
Burnout or Doing a Good Job of
Faking It!”
NYCLA members attended a forum,
“Work-Life Integration: Avoiding Burnout
or Doing a Good Job of Faking It!,” on
March 3. Dyan Finguerra-DuCharme (far
right), counsel, White & Case LLP, moderated a discussion with John Benson (far
left), associate, Watson Farley and Williams, Stacey J. Rappaport (center left), partner,
Milbank Tweed Hadley & McCloy LLP, and Karyn S.W. Polak (center right), chief
counsel, Wealth Management, PNC Financial Services, on how working parents have
successfully integrated their work and home responsibilities even when the two often
conflict.
NYCLA’s Mentoring Program
Launches Its Second Session
In 2010, NYCLA
began a Pilot Mentoring
Program for attorneys
who had been admitted
to the New York bar for
two to four years. The
program sought to
encourage professional
development
and
enhance the experience
of junior attorneys in the
legal profession by providing the tools and
resources necessary for Bari Chase (seated), CLE director and head of the mentoring program, and Zack Cronin (standing next to Ms.
their professional and Chase), program and online content associate, register
personal development. attendees for the mentoring program’s kick-off event.
The pilot was highly
successful and has since
become a permanent
NYCLA program. The
second
NYCLA
Mentoring Program has
begun in earnest and
appears headed to even
greater success. Twenty
experienced attorneys from large firms, corporations and the public
sector, as well as solo
and small-firm practitioners - have been Mentors and mentees gathering
paired with 20 junior
attorneys from diverse backgrounds. The
February kick-off event included a discussion of
the most effective ways to take advantage of a
mentoring relationship and how to develop a
mentoring plan. After the formal program, participants attended an informal reception at the
Woolworth Tower Kitchen. The 1:1
mentor/mentee relationships will be supplemented by monthly get-togethers at the
Woolworth Kitchen, as well as CLE programs
on managing the various challenges faced by
junior attorneys. Principally, the program is Lou Crespo, NYCLA board
designed to promote professionalism among member, chair of the Rights &
Liberties Committee and menjunior attorneys, who we hope will become the tor, poses with his mentee,
bar leaders of the future.
Shary Sanchez.
April 2011 / The New York County Lawyer
Recent Event
Women Trailblazers Program
Held at NYCLA
On March 3, NYCLA’s CLE
Institute and Women’s
Rights Committee joined
forces with the Professional
Services Liaison Committee
of the Financial Women’s
Association (FWA) to present Women Trailblazers:
Pathways to ExecutivePictured from left to right: Program Chair Susan L. Level Success. The evening
Harper and panelists: Sheila Kearney Davidson, Hon. began with a networking
Judith S. Kaye, Susan L. Blount, Susan Merrill and reception generously underFWA President Susan Ganz
written by PwC LLP and a
welcome
by
NYCLA
President James B. Kobak Jr. and FWA President Susan Ganz. The program featured prominent women who held the distinction of being among the first women
in private or governmental practice to attain an influential, senior executive-level
position. Panelists included: Hon. Judith S. Kaye, Chief Judge of the New York
Court of Appeals (1993-2008) and now of counsel, Skadden, Arps, Slate, Meagher
& Flom; Susan L. Blount, senior vice president and general counsel, Law,
Compliance, and Business Ethics, Prudential Financial, Inc.; Sheila K. Davidson,
executive vice president, chief legal officer and general counsel, New York Life
Insurance Company; Susan Merrill, the first
woman enforcement chief at the Financial
Industry Regulatory Authority (FINRA) and
now partner, Bingham McCutchen LLP; and
Susan L. Harper, Baritz & Colman, LLP, general counsel, FWA of New York, Inc. and cochair, NYCLA’s Women’s Rights Committee,
who served as moderator and event chair. The
panelists discussed their paths to success,
uncovering their defining moments, challenges and obstacles they encountered along
Trailblazer attendees
the way.
Upcoming Event
9
10 April 2011 / The New York County Lawyer
LIBRARY NOTES
on the site are in the “24 Memorable
Hours” area of the homepage and, if you
are in a hurry, you can access the “Top
Five” memos selected by the webmaster.
“Lex Pop” consists of the most-viewed
law firm commentary. There is a helpful
sitemap on the bottom of the homepage. If
you like, you can see law firm posts on
Twitter and Facebook or subscribe to an
RSS feed.
FEATURED TITLE
To make suggestions about book purchases, please contact Anna Smallen or Dan
Jordan by email at [email protected] or
[email protected] or by phone at 212-2676646 ext. 204.
FEATURED INTERNET SITE
My Corporate Resource (http://mycorporateresource.com/) aggregates and
indexes the freely available memoranda
sent to the clients of 200 American law
firms. You can find out what an individual
law firm believes its corporate clients
should know by searching the site by the
firm’s name. You can sort the results in
order to get the most popular articles or
the newest ones first. If you find a memo
of interest, you can click on “Hot Topics”
for more memoranda on the same subject
organized by date. The webmasters categorize the memoranda by subject, industry and geographical area, which includes
New York, California, Delaware, Canada,
France, China, Germany, the European
Union, Latin America, India, Russia and
the United Kingdom. The areas of law
include: accounting, arbitration, antitrust,
banking and finance, capital markets,
international trade, tax and the environment. Each subject page has current
developments on the left side of the page
and information arranged by topic on the
right side. Memoranda about bankruptcy,
corporate governance, health-care reform,
the global financial crisis and the
Securities and Exchange Commission can
be accessed from the top of the homepage.
The SEC page features new rulings and
releases, a calendar and blog. An important part of the site is the “Corporate
Team” web portals; they feature memoranda of interest to corporate professionals arranged by their functions within the
corporation, alerting them to new developments and helping them comply with
complex laws, such as the “Dodd-Frank
Wall Street Reform and Consumer
Protection Act.” There is a tab for corporate directors and boards, in-house counsel, finance and accounting officers,
human resource managers and compliance
officers. Each team page has a “Memo of
the Week.” The most current memoranda
New York Law of Domestic Violence, 2nd
edition, by Elizabeth L. Berger, professor
at Albany Law School and author of articles on family law, Lee H. Elkins, Kings
County Family Court judge, and Jane S,
Fosbinder, The Legal Aid Society. The
book’s emphasis is on violence against
adults but it also discusses the mistreatment of minors. The authors explain the
concept of domestic violence and show
how New York laws differ with respect to
how they define members of a family;
some laws protect boyfriends or others
who are not relatives. There is a discussion about how New York laws have
evolved, giving more power to the
Criminal Courts in order to enable the
State to better protect victims and their
children.
An Integrated Domestic
Violence Court was created by Hon. Judith
S. Kaye to consolidate litigation and some
cases were moved to the State Supreme
Court from Criminal Courts. Offenses,
such as reckless endangerment or stalking,
can be adjudicated either solely by the
Criminal Courts as an offense against the
state or, at the same time, by the Family
Court, which also has jurisdiction in the
case of a family member’s complaint.
Homicides can only be adjudicated by
Criminal Courts and Family Court can
only hear some cases brought against
minors by family members. The book
describes psychiatric defenses that can
only be used in domestic violence cases;
for example, a victim with “battered syndrome” who allows continued violent
behavior and does not report the abuse to
the authorities may be justified for his/her
actions. Domestic violence cases have
special evidentiary problems because victims may not be willing to testify against
abusers and witnesses may be intimidated;
the authors give examples of problems
with proving physical injury. Family Court
trial procedure is the subject of chapter
two. The Family Court issues and
enforces orders of protection. The second
volume of the book begins with a discussion of how domestic violence affects
child custody and matrimonial law cases.
Prohibitions against lawsuits between
spouses have been abolished and spouses
can now sue each other for legal wrongs.
An example is negligent infliction of emotional distress. Victims can sue their
employers in cases of employment discrimination and may be eligible for unemployment compensation. Chapter six concerns orders of protection and shows how
they are enforced or overturned. Violation
of an order is treated as criminal contempt
and may enable a criminal offense to be
treated more seriously. An appendix has
sample forms for orders of protection. The
treatise is annotated with cases and websites, and contains tables of cases and
statutes and an index.
(See Library Notes on Page 14)
Update on 55th Session of U.N.’s Commission on the Status of Women
By Christina Holder
The 55th session of the Commission on
the Status of Women (CSW) was held at
the United Nations (U.N.) headquarters in
New York from February 22 to March 4.
The annual meeting provides a forum for
U.N. member states, U.N. agencies and
U.N.-accredited non-governmental organizations (NGOs), such as NYCLA, to discuss challenges and develop strategies
relating to the advancement of women
worldwide. The focus of this year’s CSW
was “access and participation of women
and girls in education, training, science
and technology, including the promotion
Transportation
Discounts
ness travel while decreasing greenhouse
gas emissions and costs, and hassles
associated with rental cars and privately
owned vehicles.
Hertz offers NYCLA members special
year-round discounts. Call 1-800-6542200 or visit the Hertz website at
www.hertz.com when making your
reservation. Refer to your Hertz
CDP#84969. You may be asked to
present your NYCLA ID number at
the time of rental.
NYCLA members can simply: 1)
Reserve the vehicle online 2) Walk to
the vehicle location 3) Swipe their
Zipcard over the card reader and drive
away!
As a NYCLA member, you’ll get unlimited mileage and year-round discounts
off National’s rates. For information and
reservations, contact National(r) online
or at 1-800-CAR-RENT(r). Be sure to
request Contract I.D. Number 6100246
at the time of reservation. www.nationalcar.com
You may be asked to present your
NYCLA ID number at the time of
rental.
Zipcar is a national car-sharing program
designed to enhance personal and busi-
NYCLA account members can take
advantage of:
• No application fee (regularly $25)
plus $25 off annual membership fee
(regularly $50) – a $50 SAVINGS!
• Discounted hourly and daily rates.
• 7:00 AM – 7:00 PM - Monday through
Friday rate available only through
NYCLA’s corporate discount.
• Easy access to vehicles that live in
neighborhoods all over the city.
For application assistance and/or
account questions, please contact: 1866-4-ZIPCAR or New York Account
Executive Inbal Samuel at: isamuel
@zipcar.com or call 646-616-3690.
of women’s equal access to full employment and decent work.” As a result of the
meeting, participants agreed to take concrete actions to address gender stereotypes
and other barriers that have led to the
under-representation of women and girls
in science and technology-related education and employment. A complete summary of CSW 55 can be found on the U.N.
website at http://www.un.org/womenwatch/daw/csw/55sess.htm.
This year’s CSW included the historic
launch of “U.N. Women,” a high-profile
body responsible for coordinating all of
the U.N.’s gender-equality and women’sempowerment initiatives. Former Chilean
President Michelle Bachelet has been
appointed to lead the organization. More
information about U.N. Women can be
found at http://www.unwomen.org/.
The United States delegation to the CSW
(the “Delegation”) was led by Melanne
Verveer, the ambassador at large for Global
Women’s Issues. Ambassador Verveer’s
position was created by President Barack
Obama in 2009 to coordinate foreign policy issues relating to the advancement of
women globally. Among the other members of the delegation were four women
who hold PhDs in science, two astronauts,
an Academy-Award winner and a Google
executive. On March 3, the United States
mission to the U.N. hosted a briefing for
NGOs, at which members of the delegation
discussed progress made at the meeting
and national initiatives to advance women
in the fields of science, technology, engineering and mathematics (the “STEM”
fields). Marilyn Flood, Christina Holder
and Barbara Rochman, who are designated
NYCLA NGO representatives to the U.N.,
attended the briefing.
Ms. Holder, a NYCLA member and
litigation associate at Cadwalader,
Wickersham & Taft LLP, is a representative of the NYCLA NGO to the United
Nations.
Public Policy Developments
March 14, 2011 – The NYCLA Board of Directors adopted a report and joined
with the New York State Bar Association in opposing Proposition 131 of the
Medicaid Redesign Team, which would cap non-economic damages in malpractice
cases at $250,000.
March 14, 2011 – The NYCLA Board of Directors adopted a response to the
draft report of the New York State Bar Association Task Force on the Future of the
Legal Profession, prepared by NYCLA’s Task Force on Professionalism.
March 17, 2011 – NYCLA’s Supreme Court Committee sent a letter to Chief
Administrative Judge Ann Pfau, expressing its concern that funding cuts may lead
to the termination of judicial hearing officers in Supreme Court.
To read the complete text of Board reports and resolutions, statements and
letters and other public policy documents, log on to www.nycla.org and click
on News & Publications, and then on the appropriate category.
April 2011 / The New York County Lawyer 11
Project Restore: A Success Story
By Luwick Francois
In the summer of 2010, as a newly
admitted attorney eager to learn new skills,
I decided to take on a Project Restore case.
Upon reviewing the case, I discovered the
client had a felony conviction for the sale
of drugs. I proceeded to assess the case for
potential strengths and weaknesses, jotting
down notes and initiating contact with the
client.
We spoke briefly on the phone and
scheduled an in-person interview. During
the interview, I was able to learn more
about the circumstances surrounding his
arrest and conviction. After he explained
why he was applying for a security guard
license, I predicted that he would make a
credible witness. He is a father of two
teenage children enrolled in
licensing division presented its
Catholic school and, because of
case. Soon after, my client had
tuition increases and other
to produce a Certificate of Relief
expenses, he sought to supplefrom Disabilities, a document
ment his full-time employment
that is essential in order for an
with part-time security work.
ALJ to hear a case. That very
We quickly built rapport. I
same morning, an unlucky appliexplained the hearing process
cant had failed to procure this
and what was required of him in
Certificate. As a result, he was
order for the administrative law Luwick Francois precluded from presenting his
judge (ALJ) to hear his case. I
case. Fortunately, my client and
also took this opportunity to convey my I were prepared.
initial concerns. We established a game
After presenting the required document,
plan and concluded our interview.
my client took the stand. As predicted, he
The hearing occurred a few weeks after testified well and was a credible witness.
our meeting. The hearing was not in an My client disclosed the reasons behind his
actual courtroom, yet the atmosphere was conviction and explained that he has
still somber. Suddenly, my demeanor avoided run ins with the law since that
changed; it was game time. First, the time. Additionally, he provided a letter
written by his employer of 20 years, praising his hard work and trustworthiness. In
addition, the testimony of a retired police
officer helped refute any concerns for
property and public safety.
A few weeks subsequent to the hearing,
I received the decision. We had been successful. It was a great win for me as well,
since I had assisted someone trying to provide for his children. Moreover, I benefitted by further developing my communication and presentation skills.
Mr. Francois is an agency attorney at
the New York City Administration for
Children’s Services. Any opinions
expressed in the article are his own and
not those of the agency.
Legal Counseling Project: Enhancing Skills and Helping New Yorkers
By Meg Goble
In 2008, an email from NYCLA seeking
volunteers for its pro bono Legal
Counseling Project caught my eye. I was
no stranger to volunteering, having worked
with New York Cares on numerous literacy
projects for several years. Originally, when
I found myself with some extra time on my
hands, I deliberately chose a volunteer
activity that was non-law related so I could
expand my universe. But the promise of
six free CLE credits offered by NYCLA
was tempting. As a NYCLA member for
years, I had attended many of its CLE programs, all of which were well presented.
This was just the incentive I needed to
decide that it might be time for me to do
some legal pro bono work again.
That has turned out to be a good decision indeed. The CLE credits were just the
beginning of the benefits for me. My first
year as a volunteer began shortly after the
closure of Lehman and all that followed.
Many people found themselves out of
work and many more were in serious
financial straits. The project, which focuses on employment, bankruptcy, family and
My Experience in the Volunteer Lawyer
For the Day – Consumer Credit Project
By Olusegun O. Adedeji
A legal right is meaningless without access to the judicial system.
Hon. Fern Fisher, Deputy Chief
Administrative Judge for New York
City Courts
Numerous opportunities exist in New
York State for giving others a “helping
hand” or a “shoulder to lean on,” with one
such opportunity being NYCLA’s
Volunteer Lawyer For the Day Consumer Credit Project (VLFD - CCP).
As the name implies, lawyers (and law
school graduates, under supervision, pursuant to a Supreme Court order in New
York County) give their time and skill
(unbundled legal service, not $!) for a day
to assist needy and unrepresented litigants.
The VLFD project developed from the
consumer debt legal advisory service
launched in Kings County as the Civil
Legal Advice and Resource Office
(CLARO), which operates only as an outof-court service and has expanded to all
five boroughs due to the increasing numbers of consumer debt cases.
CLARO’s effectiveness in advancing
the principle of equal access to justice
helped facilitate the VLFD limited-advocacy project created and currently running
in all boroughs save Staten Island in conjunction with organizations like NYCLA,
which empower the unrepresented by giving them a voice in the halls of justice.
The New York County VLFD - CCP
operates out of the New York County Civil
Court building at 111 Centre Street. As the
project’s coordinator, I continue to
encounter skeptics who think that a
lawyer for a day cannot achieve anything
in a day. However, since the project’s
inception in January 2010, more than 450
defendants/clients have been assisted at
least once.
Many cases have been settled to the
client’s satisfaction; a good number have
been discontinued without prejudice by
the plaintiffs and others have been dismissed by the court with prejudice. Of the
cases dismissed, the clients would most
likely have been pressured by plaintiff’s
counsel to settle or would have summary
judgments entered against them. Most
(See My Experience in VLFD on Page 14)
NYCLA members receive special savings on
select FedEx® shipping services and FedEx Office.
Discounts include: FedEx Express® U.S. services,
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There is no cost to enroll in the FedEx Advantage® or FedEx Office Programs and
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For more information about the FedEx Advantage or FedEx Office Program, call
1-800-MEMBERS (1-800-636-2377, 8:00 AM to 6:00 PM, Monday through Friday).
landlord-tenant law, is able to help a truly
diverse group of New Yorkers grapple with
these very difficult issues. It was and continues to be a source of immense personal
satisfaction to be able to have an impact in
some small way. All of the clients are
extremely grateful for the chance to sit
with a lawyer and review their available
rights and remedies. There have been
many times during my three years as a volunteer that I have been reminded that a
comfortable situation can quickly turn difficult due to the loss of a job, illness, overwhelming debt or a divorce. Hearing these
stories makes me grateful and appreciative
for all that I have.
While there have been many instances at
the clinic when I have had the chance to
impart some of the experience I have gathered in my 30 years of practice, I have also
been able to explore legal issues outside of
my usual practice areas. The training each
year has helped me keep up with new
developments. Moreover, the clinic has
mentors who are just a phone call away if
I don’t have an answer or am unsure of
how to best counsel a client.
I highly recommend serving as a volunteer at the NYCLA Pro Bono Legal
Counseling Project. Working there provides an opportunity to learn something
new about the law and your community
and inevitably, along the way, you will
learn something new about yourself.
Ms. Goble is a NYCLA member and a
founding partner of Hanley & Goble
LLP, a firm established in 1983 specializing in residential real estate and cooperative and condominium law.
Law-Related Education
Committee’s Lawyer for the
Day Program
The mission of NYCLA’s LawRelated Education Committee is to foster
an understanding and appreciation for
the law in both children and adults while
providing information about how the
legal system works to assist and protect
its citizens. According to Hon. Richard
Lee Price, committee chair, “Our committee has spearheaded numerous initiatives to accomplish its mission, among
them are: the Lawyer for the Day program, court tours, mock trial competition, mentoring, internships, career
development in law, annual conferences
for high school students in law-related
education courses, annual seminars for
teachers of law-related education, production of the New York City Youth Law
Manual [a 23-chapter resource for high
school students and teachers of lawrelated education] and the sponsorship of
an annual essay contest for New York
City public high schools.”
Lawyer for the Day Program
Throughout the year but with a special
emphasis around Law Day, Justice Price
coordinates the Lawyer for the Day program, matching requests from schools
and colleges to volunteers willing to
speak in a classroom or at a school assembly. Over the last 15 years, he has fielded
more than 600 invitations for speakers.
NYCLA member Sidney Baumgarten
speaks with college students.
Teachers initiate the process by making a request to the committee for an
attorney to visit their class to speak about
a specific area of law or about law as a
career. Criminal law, criminal procedure
and the U.S. Constitution are favorite
topics. Other facets of the program
include coordinating court tours for class
visits, as well as helping to place students in internships with judges, law
firms or other suitable legal venues.
Committee
member
Sidney
Baumgarten (pictured speaking to students) recently visited the New York City
College of Technology. He observed,
“This was one of the most interesting
and highly motivated classes that I’ve
ever visited. We covered a wide range of
legal topics and focused on preparation
for future employment, legal and otherwise. I was impressed,” he concluded,
“by their attentiveness and the caliber of
their questions.”
12 April 2011 / The New York County Lawyer
Message From the President
(Continued From Page 1)
with NYCLA’s Law-Related Education
Committee.
This spring, NYCLA is planning a conference with two affiliate bars – the Lille
(France) Bar Association and Kent (U.K.)
Law Society – with a focus on civil
Gideon.
NYCLA’s Pro Bono Programs
NYCLA’s pro bono programs represent
its commitment to uphold the doctrine of
access to justice and I’m pleased that the
theme of this issue is Pro Bono. Nine pro
bono volunteers have written articles about
their experience in NYCLA’s pro bono
programs, which provide legal assistance
to hundreds of low-income New Yorkers
each year in such areas as: consumer debt
and bankruptcy, family, employment and
landlord/tenant
and
Article
81
Guardianships. In addition, the Volunteer
Lawyer For the Day - Consumer Credit
Project, co-sponsored by NYCLA and the
New York County Civil Court, offers
advice and limited representation to individuals in connection with consumer debt
proceedings. And NYCLA’s newest pro
bono program, the U.S. Tax Court Project,
provides counseling to clients seeking
advice in the area of tax law at calendar
call sessions of the U.S. Tax Court.
NYCLA is the first bar association in New
York to offer such a program. Finally,
Project Restore is a unique program offering pro bono representation to individuals
denied employment licenses because they
have criminal records. Since its inception
two years ago, 30 individuals have
received licenses and I’m pleased to report
that The New York Bar Foundation has just
given Project Restore a $5,000 grant to
support its work.
Now, I’d like to take this opportunity to
thank the individuals who have devoted
considerable time and energy to the following projects:
Pro bono program leaders: Project
NYCLA Holds Monthly
Drawing for Free Live, ThreeCredit CLE Course
Congratulations to Douglas T. Tabachnik. Mr. Tabachnik’s name was selected
from those members who paid their first dues invoice in full by February 28, 2011.
Members who pay their initial annual invoice in full by the drawing date are automatically entered in the drawing. One member is selected each month. For information about the drawing, call Bernard Chan at 212-267-6646 ext. 208.
Amicus Creative offers NYCLA members a comprehensive website system for
$1,199 – a 20 percent discount off the
regular fee. In addition to a great looking
website, you will have full control over
your site’s content. By logging into your password protected account, you will be
able to add new pages, update practice areas, add or update attorney profiles,
upload photos, change text, move pages and change your site style.
One-time set-up fee includes:
-Website design
-Search engine optimization
-Server setup and configuration
-Email address setup
-Domain registration (your own title to your domain name)
-Content customization
For more information, please call Donnamarie Striano at 877-269-0076 ext. 820,
or visit Amicuscreative.com.
Discounted Concerts for
NYCLA Members
Musicians from Marlboro
NYCLA members are invited to the 46th season of Musicians from Marlboro, a
series of concerts held at the Metropolitan Museum of Art at Fifth Avenue and
81st Street. Tickets under this offer are $25 (normally $40) and include free
admission to the Museum. To take advantage of this discounted ticket offer, please
contact Alanna Gluck at [email protected] or 212-267-6646 ext. 209.
Friday, April 8 at 7:00 PM
Respighi — “Il Tramonto: Poemetto Lirico”: for mezzosoprano and string quartet
Dvórak — Two Waltzes
Cuckson — “Der gayst funem shturem” (Marlboro composer in residence 2009)
Mozart — Quintet in A Major for clarinet and strings, K. 581
Friday, May 6 at 7:00 PM
Mozart—String Quintet No. 3 in C Major, K. 515;
Haydn—String Quartet No. 4 in C Minor, Opus 17,
Dvórak—String Quintet No. 3 in E flat Major, Opus 97
Restore’s Collin D. Bull, Manhattan
CLARO Project’s Dora Galacatos,
Volunteer Lawyer For the Day –
Consumer Credit Project’s Olusegun O.
Adedeji, U.S. Tax Court Project’s Stephen
C. Lessard and the Legal Counseling
Project’s Judith B. Cox, Susan Y. Kunstler,
Steven S. Landis and Charles Y. J. Liu;
The Haynes and Boone team that has
worked pro bono on NYCLA’s indigent
defense case: Carmen Bauman, David
Dodds, Kendyl Hanks, Sarah Jacobson,
Lauren Perotti, Jonathan Pressman, David
Siegal and Nora Whitehead;
The National Association of Criminal
Defense Lawyers team that worked on the
Camreta v. Sarah Greene, et al. amicus
brief: Mark R. Brown and David M. Porter
on behalf of our Civil Rights and Liberties
Committee; and
Susan J. Walsh, who filed an amicus
brief in Hurrell-Harring et al. v. New York,
supporting a challenge to the adequacy of
New York State’s indigent defense system
brought by the New York Civil Liberties
Union. NYCLA joined a diverse group of
bar associations representing 100,000
lawyers, law centers and dozens of law
professors from all of New York State’s 15
law schools in filing the brief.
Unfortunately, I cannot thank individually all the NYCLA members who volunteer in so many ways to improve our system of justice and contribute to fairer and
more just outcomes for both the represented and the unrepresented. These members
epitomize the highest level of professionalism. I would like to give special thanks
today to the 274 attorneys who participate
in our pro bono programs and to NYCLA’s
Pro Bono Director, Lois Davis, who supports them and makes it all happen. You
can be sure that in the future, NYCLA will
continue providing pro bono opportunities
for members, as well as advocating for the
preservation of due process and pioneering
reforms to achieve fair access to justice in
the courts of New York.
Spring PRACTICE
OF LAW SERIES
• Writing Retainer Agreements, Setting
Fees and Getting Paid (Part II)
April 7 – Speaker: Martin L. Feinberg
Legal, ethical and practical considerations when you write your retainer agreements and set your fees. How to treat
your clients so they want to pay you.
• Writing Retainer Agreements, Setting
Fees and Getting Paid (Part III)
April 21 – Speaker: Martin L. Feinberg
Legal, ethical and practical considerations when you write your retainer agreements and set your fees. How to treat
your clients so they want to pay you.
• Legal Ethics You Need to Know
April 28 – Speaker: Lewis Tesser
An inside look at the attorney disciplinary process and the new New York
Rules of Professional Conduct. How to
avoid disciplinary complaints. How to
respond to disciplinary complaints.
Professionalism and civility - not as
simple as it appears.
• What Every Lawyer Needs To Know
About The Part 137 Fee Dispute
Resolution Program
May 5 – Speakers: Martin L. Feinberg
and Heidi Leibowitz
Your rights and responsibilities when
your client disputes your fees and the
law requires that you arbitrate.
• Preparing a Trial Notebook
June 2 – Speaker: Jeffrey M. Kimmel
Learn the basics of preparing a trial
notebook, issuing subpoenas, jury selection, opening/closing statements and
direct/cross examination. Evidentiary
issues, including in limine motions,
demonstrative evidence and objections,
will be discussed.
• Trial Techniques for Beginners
June 16 – Speaker: Jeffrey M. Kimmel
Detailed discussions concerning trial
strategy, witness preparation, jury selection, opening/closing statements and
direct/cross examination.
Hearsay
objections and other evidentiary issues
will be discussed.
• Keeping Your Firm’s Finances
July 7 – Speaker: Richard Klass
Discussion of various financial matters concerning starting and running
your law practice, including taxes,
insurance, bookkeeping, software, time
recording and office systems.
FREE programs led by experienced attorneys to help you manage your practice.
All programs are held at NYCLA, 14 Vesey Street (between Church & Broadway)
from 6:00-8:00 PM.
TO REGISTER: Circle the dates of all of the programs you wish to attend above,
complete the form below and fax to: 212-406-9252 or email [email protected].
NAME ____________________PHONE ___________________________________
EMAIL _________________________NUMBER YEARS ADMITTED TO BAR ___
FIRM SIZE: Solo 2-20 21-60 61or more
Corporation ___ Public Sector _____ Academic ____ Other ____
FREE AND OPEN TO NYCLA MEMBERS ONLY
To Advertise in
New York County Lawyer,
Call (866) 867-9121
April 2011 / The New York County Lawyer 13
Message From Bari Chase
(Continued From Page 4)
is being presented, particularly in many
modern courtrooms that are completely
computer accessible. Hear about the
impact that scientific and other forensic
evidence is having on the way cases are
presented and defended. Find out when
hearsay evidence can be admissible and
accessible during the various stages of a
criminal proceeding. Brush up on the
skills trial attorneys will need as they
handle criminal cases in federal court in
the 21st century.
Video Replay Series: If you missed
one of our previously scheduled programs, you will have a chance to view a
recorded version of some of our prior
courses in April. Note: Only “experienced” attorneys (attorneys who have
been admitted to the New York Bar for
more than two years) are eligible to
receive MCLE credit for attending Video
Replays.
Video
Replay:
Is
Criminal
Lawyering About Truth?, Wednesday,
Assisting Consumer Debt
(Continued From Page 7)
sented litigants use its services is indicative of the general economic atmosphere
in our communities. What contributes to
CLARO’s success is the collaborative
efforts of the various Help Centers at the
courthouses, along with the Motions
Support Windows and other organizations
that contribute their time, energy and,
most importantly, legal support to the clinics.
So for those who have spare time to
reach out to their local communities to
April 27: A panel of prosecutors and
defense attorneys explore the key issue of
whether criminal lawyers should ascertain the complete truth from their clients,
as well as other ethical dilemmas confronted by criminal practitioners.
Video Replay Marathon: 3rd Annual
Art Litigation and Dispute Resolution
Institute, 2010, Friday, April 29, 9:00 AM
– 4:00 PM: An unparalleled panel of
experts from the bench, bar, academia, art
galleries, non-profit organizations, trade
and online publications take you through
the most relevant issues in today’s art
world.
SAVE THE DATE
Bridge the Gap 2: A Program for
Newly Admitted Attorneys, Consecutive
Fridays, May 13 and 20
Ethical Issues Arising in ADR and
Mediation, Wednesday, May 11
Special Lunchtime Program: MicroFinancing and the Law, Wednesday,
May 11
Forensic Evidence Part II – Cross
Examination of a Witness, Thursday,
May 12
How to Handle an Employment
counsel and assist self-represented consumer debt litigants, please consider
attending a training session in order to volunteer for any of the CLARO clinics in all
five boroughs. More information can be
found either on NYCLA’s website or by
contacting Lois Davis, Pro Bono director,
at [email protected].
Ms. Olaya, a NYCLA member, is a
court attorney for a New York State
Supreme/New York City Civil Court
judge in the Bronx. She is also a small
claims court arbitrator in New York
City Civil Court.
Solo and Small Firms Save on
Office Supplies, Equipment and
More at Staples
NYCLA members are eligible for a Staples Business
Advantage group discount program. Prices are determined on an item-by-item basis. Members can take
advantage of convenient online ordering through StaplesLink.com. For more information, contact Account Manager Denise Ruhle at 800-950-1257 ext. 3652 or
[email protected].
Reach 27,000 members of
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NASSAU and SUFFOLK COUNTIES.
CALL TODAY
866-867-9121
Discrimination Case, Consecutive
Monday evenings, May 16 and 23
NYCLA’s CLE Institute Now an
Accredited Provider in New Jersey
New York County Lawyers’ Association’s
CLE Institute is currently certified as an
Accredited Provider of continuing legal
education in the State of New Jersey.
Courses qualifying for CLE credit in New
Jersey will be so designated on the
NYCLA website. Be sure to consult
www.nycla.org for program details and
program locations.
Please Note: Tuition assistance is available for qualified attorneys for live programs offered by the CLE Institute. Check
our website at www.nycla.org for more
information and how to apply for tuition
assistance. Check our website for course
details, faculty, complete program descriptions and pricing.
Check our website for a complete listing
of April programs.
April CLE Programs
Tuesday, April 5 6:00 – 9:00 PM
Ethical Issues in Immigration Practice
3 MCLE Credits: 3 Ethics; Transitional
and Non-transitional
Early Registration Fee: (on or before 4/3)
Member: $125 Non-Member: $175
Registration Fee: (4/4 – 4/5)
Member: $150 Non-Member: $200
Wednesday, April 6 6:00 – 9:00 PM
Building Green: Law and Practice
3 MCLE Credits: 2 Professional Practice;
Law Day Luncheon
(Continued From Page 1)
New York, becoming chief assistant
United States attorney in 1978. In 1980, he
was appointed a judge of the Criminal
Court of the City of New York. Designated
in 1984 as an acting justice of the Supreme
Court, Justice Fried first served in the
Criminal Branch in Bronx County and, in
1989, was reassigned to New York County,
Supreme Court, Criminal Branch. While
in New York County, he was also assigned
to civil cases.
Justice Fried is a member of the
Commission on the Jury. He has lectured
at numerous CLE programs in New York
and at the International Moot Court in The
Hague, The Netherlands. Since 1981, he
has been an adjunct law professor at
Brooklyn Law School.
1 Skills; Transitional and Non-transitional
Early Registration Fee:
(on or before 4/4)
Member: $125 Non-Member: $175
Registration Fee: (4/5 – 4/6)
Member: $150 Non-Member: $200
Thursday, April 14 6:00 – 9:00 PM
Evidence in Federal Criminal
Proceedings
3 MCLE Credits: 2 Skills; 1 Professional
Practice; Transitional and Non-transitional (also NJ)
Early Registration Fee:
(on or before 4/12)
Member: $125 Non-Member: $175
Registration Fee: (4/13 – 4/14)
Member: $150 Non-Member: $200
Public Sector and Non-profit Attorneys:
$25
Wednesday, April 27 6:00 – 8:30 PM
VIDEO REPLAY: Is Criminal
Lawyering About Truth?
2.5 MCLE Credits; 2.5 Ethics;
Non-transitional
Registration Fee:
Member: $75 Non-Member: $100
Friday, April 29 9:00 – 11:30 AM; 12:00
– 4:00 PM
VIDEO REPLAY MARATHON: 3rd
Annual Art Litigation and Dispute
Resolution Institute, 2010
8 MCLE Credits: 3 Ethics; 4
Professional Practice; 1 Skills; Non-transitional
Registration Fee:
Member: $125 Non-Member: $150
Hon. Eric T. Schneiderman
Attorney General Schneiderman previously spent 15 years in private practice as
an attorney and later as a partner at the
firm of Kirkpatrick and Lockhart, where
he handled complex litigation. He was
also a public interest lawyer for many
years, representing taxpayers in historic
lawsuits against the Metropolitan Transit
Authority, tenants trying to evict drug
dealers from their buildings and women
seeking access to health clinics. A graduate of Harvard Law School, Mr.
Schneiderman served in the New York
State Senate prior to his election as
Attorney General.
To purchase tickets or for more information, please visit NYCLA’s homepage
at www.nycla.org or contact Christina
Andujar at [email protected].
Substance Abuse Hotline
Attorneys, judges, law students and members of their immediate families can get
confidential help with alcohol or substance-abuse problems 24 hours a day, seven
days a week, by calling the toll-free hotline - 800-255-0569.
Great Way for a Solo/SmallFirm Attorney to Network –
Join a COMMITTEE!
Membership on NYCLA Committees is open and free to all members.
Committees cover every aspect of legal practice and are a great place to learn in a
friendly, supportive environment.
TO JOIN A COMMITTEE, simply choose one of the following options:
Log in: www.nycla.org and click on Members Only - Join a Committee
Call Bernard Chan 212-267-6646 ext. 208 or email [email protected] for a committee application.
14 April 2011 / The New York County Lawyer
CLE Tech Courses
Library Notes
(Continued From Page 10)
NEW EDITIONS
Handling the DWI Case in New York,
2010-2011 edition (Thomson West).
Legal Malpractice, 2011 edition
(Thomson West).
NEWLY UPDATED
Bender’s Federal Practice Forms, release
number 137 (LexisNexis Matthew
Bender).
Bender’s Forms of Pleading of the State
of New York, release number 117
(LexisNexis Matthew Bender).
Bills of Particulars in New York, 2010
supplement (Thomson West).
Landlord and Tenant Practice in New
York, 2010-2011 release (Thomson West).
Lien Priorities in New York, 2nd edition,
November 2010 pocket part (Thomson
West).
New York Civil Practice: CPLR, 2nd edition, release number 139 (LexisNexis
Matthew Bender).
New York Law of Domestic Violence,
2010-2011 supplement (Thomson West).
Weinstein’s Federal Evidence, 2nd edition, release number 100 (LexisNexis
Matthew Bender).
White, New York Business Entities, 14th
edition, release number 68 (LexisNexis
Matthew Bender)
PERIODICALS
Corporate Restructuring and Bankruptcy:
a New York Law Journal Special Section,
New York Law Journal (March 7, 2011).
Docs Overlooked Pregnancy’s Remnants,
Suit Alleged, VerdictSearch New York
(March 7, 2011).
Litigation: a New York Law Journal
Special Section, New York Law Journal
(February 28, 2011).
The Lateral Report, The American Lawyer
(February 2010).
White-Collar Crime; a New York Law
Journal Special Section, New York Law
Journal (February 14, 2011).
Project Restore
(Continued From Page 7)
unprepared. It was frustrating to realize
that just a little preparation and advice
could have gone a long way to improve
their likelihood of success. This saddened
me but also increased my appreciation
for the work of Project Restore.
In the end, my client’s application was
granted. This could not have been done
without his commitment to the case and
the endless support from both Ms. Davis
and Mr. Bull. I felt privileged to work with
them and represent my client, who was a
great source of inspiration for me.
My Experience in VLFD
(Continued From Page 11)
have expressed deep gratitude for the
assistance provided by the volunteer law
school graduates and attorneys alike.
If you would like to get involved in
some form of public service, consider the
Volunteer Lawyer For the Day - Consumer
Credit Project. Experience the satisfaction
of giving a “helping hand” or a “shoulder
to lean on” to ensure that others’ rights are
April
Lexis: Navigating the New Lexis
Interface and Lexis Web
Wednesday, April 6 10:30 - 11:30 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Lexis for Microsoft Office
Wednesday, April 6 12:00 - 1:00 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Lexis: Expert Witness & Public Records
Wednesday, April 6 1:30 - 2:30 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: Advanced
Thursday, April 7 10:00 - 11:00 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: New York Materials Research
Thursday, April 7 11:30 AM - 12:30 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Using Bloomberglaw.com for Litigation
Thursday, April 14 10:00 - 10:50 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Using Bloomberglaw.com for a Corporate
Transactional Practice
Thursday, April 14 11:05 -11:55 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: Basic
Thursday, April 21 1:30 - 2:30 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: Bankruptcy
Thursday, April 21 3:00 - 4:00 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
U.S. Bankruptcy Court Electronic Case
Filing System
Wednesday, April 27 10:00 AM – 12:30
PM
I went to law school as an older student
with the intention of doing public interest
work. This was not an easy
transition, but having the privilege of volunteering in a program like Project
Restore has made it all worthwhile.
Ms. Lekowski is a volunteer advocate
for animal and housing rights. She is
also a volunteer mediator at the
Institute for Mediation and Conflict
Resolution, volunteer counselor at the
New York City Bar Monday Night Law
Clinic and serves on a panel of pro bono
attorneys doing foreclosure prevention
work. She is interested in urban farming and is an aspiring chef.
upheld by the courts. To prepare you for
the project, free CLE training is provided
under the New York State Courts Equal
Access to Justice Program. For more
information, visit the Access to Justice
section of the New York State Unified
Court system’s website:
http://www.courts.state.ny.us/attorneys/volunteer/vap/index.shtml.
Mr. Adedeji is the coordinating attorney for NYCLA’s Volunteer Lawyer For
the Day - Consumer Credit Project.
2.5 MCLE Credits: 2.5 Skills;
Transitional
Member: $65 Non-member: $85
Non-legal Staff: $35
May
Lexis II
Wednesday, May 11 10:30 - 11:30 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Lexis: Litigation
Wednesday, May 11 12:00 - 1:00 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Lexis: Update Enhancements Research
Wednesday, May 11 1:30 - 2:30 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: Intermediate
Thursday, May 12 1:30 - 2:30 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: Trusts and Estates
Thursday, May 12 3:00 - 4:00 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Tax Court Pro Bono Project
(Continued From Page 6)
trials allow us to transfer our trial skills,
as well as pass on our commitment to
justice—the system doesn’t work if
young attorneys fear the IRS. Indeed, our
voluntary assessment tax system only
works if everyone in the system believes
that, no matter who you are, in the Tax
Court you can get a fair trial.”
Currently, a number of newer lawyers
are providing pro bono representation to
former program clients under the mentorship of experienced volunteers. “Newer
lawyers get real trial experience—trying
a case with a real client, where your work
changes a client’s life, is more fulfilling
and a better teaching tool than ten mock
trials. Although the amounts may seem
small, for our taxpayers, the amounts
involved are life altering,” says Agostino,
who is mentoring several program volunteers. Mikhail Hitune, a lawyer Agostino
is mentoring, agrees, saying, “By participating in the Tax Court Pro Bono program, I was able to try a case in the federal tax court and gain invaluable experience in writing a federal tax court brief
under the supervision of top New York
tax attorneys.” Frants echoes him, saying, “My involvement in the program has
given me exposure to areas of tax law
that I normally do not delve into—all in
all, the program is making me a more
well-rounded tax professional.”
In addition to Connors and Agostino,
Kathy Keneally, a partner at Fulbright &
Jaworski LLP; Bryan Skarlatos, a partner
at Kostelanetz & Fink LLP; and
Catherine Engell, an associate at DLA
Piper, have been instrumental in establishing the program. If you are interested in participating in the NYCLA U.S.
Tax Court Bar-Related Pro Bono Project,
please contact Lois Davis, NYCLA’s pro
bono director, at [email protected] or
Stephen
Lessard
at
[email protected].
Mr. Lessard, a NYCLA Board member, is a managing associate at Orrick,
Herrington & Sutcliffe LLP and program coordinator for the NYCLA U.S.
Tax Court Bar-Related Pro Bono
Program.
U.S. Bankruptcy Court Electronic Case
Filing System
Wednesday, May 18 10:00 AM-12:30 PM
2.5 MCLE Credits: 2.5 Skills;
Transitional
Member: $65 Non-member: $85
Non-legal Staff: $35
Using Bloomberglaw.com for Litigation
Thursday, May 19 10:00 - 10:50 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Using Bloomberglaw.com for a Corporate
Transactional Practice
Thursday, May 19 11:05 - 11:55 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: Basic
Wednesday, May 25 10:00 - 11:00 AM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
Westlaw: Real Estate
Wednesday, May 25 11:30 AM - 12:30 PM
1 MCLE Credit: 1 Skills; Transitional
Member: Free Non-Member: Free
The Nuts and Bolts of Innocent
Spouse and Injured Spouse Claims:
Relief from Joint and Several
Liability
Free New York & New Jersey CLE &
CPE
When: Wednesday, April 27
8:30 AM-12:00 PM
8:30 AM – Registration
9:00 AM – Program will begin
Where: Orrick, Herrington & Sutcliffe
LLP
51 West 52nd Street, New York, NY
10019
Topics: The Nuts and Bolts of
Prosecuting an Innocent Spouse Claim
Moderator: Megan Brackney, Esq.
Types of Relief
Form 8857
The Process
Representing the Non-Innocent Spouse
Status of Lantz and Equitable Tolling
Moderator: Carl Smith, Esq.
Lantz
Equitable Tolling
Is It Really A Joint Return?
Moderator: Frank Agostino, Esq.
Injured Spouse v. Innocent Spouse
Form 8379 Injured Spouse Allocation
The Use of Duress to “Undo a Joint
Return”
Filing the Married Filing Separate
Return
Interplay with CDP
This training session is free and open
to all NYCLA members. Space is limited, however, with priority given to
Tax Court pro bono program volunteers, staff and volunteers of local Low
Income Taxpayer Clinics.
RSVP: Christopher Grau at
[email protected]
Questions: Call or email Caren Zahn
at 201-488-5400 ext. 103, or
[email protected] or Stephen
Lessard [email protected]
Sponsors: Agostino & Associates,
Orrick Herrington & Sutcliffe LLP,
Kostelanetz & Fink, LLP, Benjamin N.
Cardozo School of Law and the New
York County Lawyers’ Association
April 2011 / The New York County Lawyer 15
A Gratifying Pro Bono Exp.
(Continued From Page 6)
reside in a one-family home in Queens with
a backyard. At the home, our clients are
provided with 24 hours a day/seven days a
week care, supervised and coordinated by
TSI’s Debra Sukhoo, a caring and devoted
social worker at TSI who treats our clients
as if they are part of her family Indeed, she
brings her infant son to visit with them on
a regular basis. Ms. Sukhoo takes our
clients on field trips to movies, bookstores,
libraries, parks, the local diner, drugstore,
grocery stores and ballparks (one of our
clients is a New York Mets fan), plans for
birthday and holiday celebrations, and
arranges for the medical care and treatment
of our clients.
As they have aged, some of our clients
have needed more care than others. Two
now reside in an assisted-living facility,
where Ms. Sukhoo insures they receive the
care that they need. Two are now medically frail and require a higher level of nursing
home care. TSI makes frequent visits to
these clients and serves as a safety net to
ensure that the quality of care at the assisted-living facility and nursing homes
remains high. Ms. Sukhoo arranges for
family members, many of them frail and
elderly themselves, to visit our clients on a
regular basis.
Make A Big Impact
(Continued From Page 7)
Realizing just how impactful and minimally demanding of my time CLARO is,
I also started volunteering with the Legal
Counseling Project, which assists clients
in the areas of consumer bankruptcy,
landlord/tenant, employment and family
law. It is easy for me to remain involved
with both programs because of their
structural similarities. Volunteers are
trained in all applicable practice areas
and have access to mentors with expert-
As a result of the settlement, our
clients have been provided with a quality
of life they had never enjoyed previously.
Health care professionals, TSI and its
social workers, and the trustee of our
clients’ trusts deserve great praise. They
have lived up to the highest standards of
professionalism and shown that the lives
of the mentally ill can, in fact, be transformed when appropriate services and
care are provided and they are integrated
into the community.
This story demonstrates what a team of
pro bono lawyers can do when they join
forces with a public interest law firm to
obtain justice for the disenfranchised.
But for this intervention, these men were
powerless to protect themselves. While
no one can reverse the surgeries our
clients endured, the settlement has provided far better care and a higher quality
of life to each of our clients for their
remaining years.
Ms. Cleary is a litigation partner at
Patterson Belknap Webb & Tyler LLP
and chairs her firm’s Pro Bono
Committee. She also serves as Chair of
NYCLA’s Pro Bono Committee.
Currently, Ms. Cleary serves on the
board of directors of MFY Legal
Services, Inc., Volunteers of Legal
Service and Lawyers Committee for
Civil Rights Under Law.
ise in each of these areas. This diverse mix
makes the work both rewarding and challenging because it provides me with exposure to non-routine areas of the law, with
the assistance of enthusiastic mentors.
Between CLARO and the Legal
Counseling Project, I spend approximately five hours a month fulfilling my professional and civic responsibilities and it is,
without a doubt, time well spent.
Mr. Browne has been a NYCLA
member since 2005 and is a graduate
of the University of Miami School of
Law.
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16 April 2011 / The New York County Lawyer
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