ethics institute inside established at nycla m t p f h c · 2016. 12. 9. · ethics institute...

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Ethics Institute Established at NYCLA ABA Adopts Resolution Proposed by NYCLA to Assist Unrepresented Litigants in Civil Cases By Lewis Tesser NYCLA is pleased to announce the estab- lishment of the NYCLA Ethics Institute. The Ethics Institute will offer substantive CLE programs on diverse topics each month, with each program having a strong ethics component. We anticipate holding the monthly Ethics programs on a specific day of the week each month so that attorneys will become accustomed to our specialized Ethics programming and know when they will be able to earn MCLE credits in Ethics. This formula has already proven to be high- ly successful with NYCLA’s evening Bridge the Gap programs. I am pleased to serve as the Director of the Institute. In addition, NYCLA has assembled an esteemed Board of Advisors consisting of: Hon. Lois Bloom, U.S. District Court, Eastern District of New York; Andral Bratton, Departmental Disciplinary Committee, Appellate Division, First Department; Carol Buckler, New York Law School; Gordon Eng, Debevoise & Plimpton LLP; Alan Friedberg, chief counsel, Departmental Disciplinary Committee, Appellate Division, First Department; Jeremy Feinberg, statewide counsel for ethics, Office of Court Administration; Bruce Green, Louis Stein Center for Law and Ethics, Fordham University School of Law; Sarah Jo Hamilton, Scalise & Hamilton, LLP; John Horan, Fox Horan & Camerini, LLP; James B. Kobak Jr., Hughes Hubbard & Reed LLP; Pery Krinsky, Law Offices of Michael S. Ross; Wallace Larson, Cleary Gottlieb Steen & Hamilton LLP; Hon. Gerald Lebovits, New York City Civil Court, Housing Part; David Lewis, Proskauer Rose LLP; Hal Lieberman, Hinshaw & Culbertson LLP; Richard Maltz, Frankfurt Kurnit Klein & Selz, PC; Sarah Diane McShea, Law Offices of Sarah Diane McShea; Martin Minkowitz, Stroock & Stroock & Lavan LLP; Michael S. Ross, Law Offices of Michael S. Ross; Deborah Scalise, Scalise & Hamilton, LLP; Phillip Schaeffer, White & Case LLP; Barry Temkin, Law Offices of Edward Garfinkel; Hon. Laura Ward, Criminal Court of New York City; and Ellen Yaroshefsky, Jacob Burns Ethics Center, Benjamin Cardozo Law School. The Board of Advisors will play a key role in consulting with program chairs on pro- gram content, reviewing materials, offering advice on content and participating in pro- grams as panelists or program chairs. The Ethics Institute will help to enhance NYCLA’s brand. Not only will it position NYCLA as the place to go for Ethics cred- its, but it will also be another example of the cutting-edge work that NYCLA does. Further, the appeal of the Ethics Institute will reach far wider than our usual member- ship. The topics of the programs and quality of the speakers will raise NYCLA’s profile with larger firms and corporations both in New York City and beyond. The Ethics Institute was inaugurated at a cocktail reception and program held on September 17. The program, The Disciplinary Concept in New York, was presented by Program Chairs Alan Friedberg, chief counsel, and Andral Bratton, special counsel, Department Disciplinary Committee, Appellate Division, First Department, and Gordon Eng, Debovoise & Plimpton, LLP. Other events scheduled for 2008 include: October 29 : Confronting Ethical Issues Arising During Litigation Program Chairs : Robert Kelner, Kelner & Kelner; Lewis Tesser, Tesser, Ryan & Rochman, LLP Faculty : Hal Lieberman, Hinshaw & Culbertson LLP; Sarah Diane McShea, Law Offices of Sarah Diane McShea; Barry Temkin, Law Offices of Edward Garfinkel; Additional faculty to be announced. November 19 : Ethical Issues On August 11, the American Bar Association (ABA) House of Delegates adopted a resolution urging “all jurisdic- tions to adopt rules, guidelines and best practices in reviewing stipulations for the settlement of cases and for use in other proceedings” involving unrepresented liti- gants, citing the August 2008 NYCLA Report titled “Best Practices for Judges in the Settlement and Trial of Cases Involving Unrepresented Litigants in Housing Court” as an example of what jurisdictions can consider as they develop procedures for dealing with the significant increase in unrepresented litigants in civil matters. Recognizing that individual jurisdictions have limited resources and other concerns that could affect adoption of the Best Practices, the ABA resolution stated that “...such rules, guidelines and best practices be implemented within the discretion of each individual judge and to the extent pos- sible given limits of existing resources....In most Housing Court cases, pro se par- ties are opposed by represented parties. This disparity in access to representation results in the parties’ unequal access to information about their legal rights and unequal ability to assert legal claims, and thus presents unique challenges for courts in the delivery of justice. NYCLA’s Best Practices Report contemplates a more active role for judges “in approving settle- ments and conducting trials, so that unrep- resented litigants will better understand their rights, the court procedures and the results of the proceedings.” NYCLA’s Task Force on the Housing Court NYCLA’s Best Practices Report issued in August 2008 is based on an earlier report, “Protocols for Judges in the Settlement and Trial of Cases Involving Unrepresented Litigants in Housing Court,” prepared by NYCLA’s Task Force on the Housing Court, which was co-chaired by Hon. Marcy S. Friedman, Justice, New York State Supreme Court, and Paula Galowitz, clinical professor of law, New York University School of Law. The Task Force was an out- growth of a major conference NYCLA sponsored in 2004, “The New York City Housing Court in the 21st Century: Can It Better Address the Problems Before It?.” In addition to the Protocols Report, the Task Force issued two other reports: “Right to Counsel in Housing Court” and “Resources in the Housing Court,” which contains rec- ommendations on the establishment of guidelines when Guardians Ad Litem are assigned to cases of people with diminished capacity, improvement of coordination between various governmental agencies and expansion of the use of computer technol- ogy in the Court. The Best Practices Report is avail- able on NYCLA’s homepage at www.nycla.org. Additional Housing Court reports are available at www.nycla.org/siteFiles/News/ News59_2.pdf. ABA Adopts NYCLA Resolution . . . . . . .1 A Look at EMIPS . . . . . . . . . . . . . . . . . .12 Annual Dinner . . . . . . . . . . . . . . . . . . . . . .6 Arbitrators and Mediators Needed . . . . . .2 Attorneys Guide . . . . . . . . . . . . . . . . . . . .10 Centennial Certificate . . . . . . . . . . . . . . . . .5 Centennial Page . . . . . . . . . . . . . . . . . . . . .9 Centennial Print . . . . . . . . . . . . . . . . . . . . .4 CLE Programs . . . . . . . . . . . . . . . . . . . . . .5 CLE Tech Programs . . . . . . . . . . . . . . . .15 Criminal Justice Section’s Public Service Fellowship Essay Contest . . . . . . . . . . . . . . . . . . . . . .11 Ethics Hotline . . . . . . . . . . . . . . . . . . . . .13 Events Calendar . . . . . . . . . . . . . . . . . . . . .2 Ethics Institute . . . . . . . . . . . . . . . . . . . . . .1 Hon. Jose Cabranes to Deliver Hughes Lecture . . . . . . . . . . . . . . . . . . . . .4 Intern Night . . . . . . . . . . . . . . . . . . . . . . .13 Job Postings . . . . . . . . . . . . . . . . . . . . . . .10 Library Notes . . . . . . . . . . . . . . . . . . . . . .10 Meet the Chairs . . . . . . . . . . . . . . . . . . . . .8 Member News . . . . . . . . . . . . . . . . . . . . . .3 Message from Ann Lesk . . . . . . . . . . . . . .3 Message from Bari Chase . . . . . . . . . . . . .5 Message from James B. Kobak Jr . . . . . . . .6 Metropolitan Museum Events . . . . . . . . . .6 Musicians From Marlboro . . . . . . . . . . . .14 Networking and Rainmaking . . . . . . . . . . .3 New-York Historical Society Member Benefit . . . . . . . . . . . . . . . . . . . . .7 NYCLA Issues Ethics Opinion 739 . . . .12 Public Policy Developments . . . . . . . . . .12 Spotlight on Future Lawyers . . . . . . . . . . .7 Substance Abuse Hotline . . . . . . . . . . . . .13 Volunteers Needed for Manhattan CLARO Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Women’s Rights Committee Booksigning . . . . . . . . . . . . . . . . . . . . . . .14 Women’s Rights Committee Forum . . . .12 (See Ethics Institute, Page 15) I N S I D E T A B L E O F C O N T E N T S HON. JOSÉ CABRANES TO DELIVER HUGHES LECTURE pg 4 SPOTLIGHT ON FUTURE LAWYERS pg 7 Lewis Tesser MESSAGE FROM THE PRESIDENT ANNE B. LESK: THIS ELECTION COUNTS pg 3 October 2008 Visit us at www.nycla.org Volume 4 / Number 8

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Page 1: Ethics Institute INSIDE Established at NYCLA M T P F H C · 2016. 12. 9. · Ethics Institute Established at NYCLA ... Bratton, special counsel, Department Disciplinary Committee,

Ethics Institute Established at NYCLA

ABA Adopts Resolution Proposed by NYCLA toAssist Unrepresented Litigants in Civil Cases

By Lewis Tesser

NYCLA is pleased to announce the estab-lishment of the NYCLA Ethics Institute.The Ethics Institute will offer substantiveCLE programs on diverse topics eachmonth, with each program having a strongethics component. We anticipate holding themonthly Ethics programs on a specific dayof the week each month so that attorneyswill become accustomed to our specializedEthics programming and know when theywill be able to earn MCLE credits in Ethics.This formula has already proven to be high-ly successful with NYCLA’s evening Bridgethe Gap programs.

I am pleased to serve as the Director ofthe Institute. In addition, NYCLA hasassembled an esteemed Board of Advisorsconsisting of: Hon. Lois Bloom, U.S.District Court, Eastern District of NewYork; Andral Bratton, DepartmentalDisciplinary Committee, Appellate Division,First Department; Carol Buckler, NewYork Law School; Gordon Eng,Debevoise & Plimpton LLP; AlanFriedberg, chief counsel, DepartmentalDisciplinary Committee, Appellate Division,First Department; Jeremy Feinberg,statewide counsel for ethics, Office of CourtAdministration; Bruce Green, Louis SteinCenter for Law and Ethics, FordhamUniversity School of Law; Sarah JoHamilton, Scalise & Hamilton, LLP;John Horan, Fox Horan & Camerini,LLP; James B. Kobak Jr., HughesHubbard & Reed LLP; Pery Krinsky, Law

Offices of Michael S. Ross; WallaceLarson, Cleary Gottlieb Steen & HamiltonLLP; Hon. Gerald Lebovits, New YorkCity Civil Court, Housing Part; DavidLewis, Proskauer Rose LLP; HalLieberman, Hinshaw & Culbertson LLP;Richard Maltz, Frankfurt Kurnit Klein &Selz, PC; Sarah Diane McShea, LawOffices of Sarah Diane McShea; MartinMinkowitz, Stroock & Stroock & LavanLLP; Michael S. Ross, Law Offices ofMichael S. Ross; Deborah Scalise, Scalise& Hamilton, LLP; Phillip Schaeffer,White & Case LLP; Barry Temkin, LawOffices of Edward Garfinkel; Hon. LauraWard, Criminal Court of New York City;and Ellen Yaroshefsky, Jacob BurnsEthics Center, Benjamin Cardozo LawSchool.

The Board of Advisors will play a key rolein consulting with program chairs on pro-gram content, reviewing materials, offering

advice on content and participating in pro-grams as panelists or program chairs.

The Ethics Institute will help to enhanceNYCLA’s brand. Not only will it positionNYCLA as the place to go for Ethics cred-its, but it will also be another example of thecutting-edge work that NYCLA does.Further, the appeal of the Ethics Institutewill reach far wider than our usual member-ship. The topics of the programs and qualityof the speakers will raise NYCLA’s profilewith larger firms and corporations both inNew York City and beyond.

The Ethics Institute was inaugurated at acocktail reception and program held onSeptember 17. The program, TheDisciplinary Concept in New York,was presented by Program Chairs AlanFriedberg, chief counsel, and AndralBratton, special counsel, DepartmentDisciplinary Committee, Appellate Division,First Department, and Gordon Eng,Debovoise & Plimpton, LLP.

Other events scheduled for 2008 include:October 29: Confronting Ethical

Issues Arising During LitigationProgram Chairs: Robert Kelner,

Kelner & Kelner; Lewis Tesser, Tesser,Ryan & Rochman, LLP

Faculty: Hal Lieberman, Hinshaw &Culbertson LLP; Sarah Diane McShea,Law Offices of Sarah Diane McShea; BarryTemkin, Law Offices of EdwardGarfinkel; Additional faculty to beannounced.

November 19: Ethical Issues

On August 11, the American BarAssociation (ABA) House of Delegatesadopted a resolution urging “all jurisdic-tions to adopt rules, guidelines and bestpractices in reviewing stipulations for thesettlement of cases and for use in otherproceedings” involving unrepresented liti-gants, citing the August 2008 NYCLAReport titled “Best Practices for Judges inthe Settlement and Trial of Cases InvolvingUnrepresented Litigants in Housing Court”as an example of what jurisdictions canconsider as they develop procedures fordealing with the significant increase inunrepresented litigants in civil matters.

Recognizing that individual jurisdictionshave limited resources and other concernsthat could affect adoption of the BestPractices, the ABA resolution stated that“...such rules, guidelines and best practicesbe implemented within the discretion ofeach individual judge and to the extent pos-sible given limits of existing resources....”

In most Housing Court cases, pro se par-

ties are opposed by represented parties.This disparity in access to representationresults in the parties’ unequal access toinformation about their legal rights andunequal ability to assert legal claims, andthus presents unique challenges for courtsin the delivery of justice. NYCLA’s BestPractices Report contemplates a moreactive role for judges “in approving settle-ments and conducting trials, so that unrep-resented litigants will better understandtheir rights, the court procedures and theresults of the proceedings.”

NYCLA’s Task Force on the Housing Court

NYCLA’s Best Practices Report issued inAugust 2008 is based on an earlier report,“Protocols for Judges in the Settlement andTrial of Cases Involving UnrepresentedLitigants in Housing Court,” prepared byNYCLA’s Task Force on the HousingCourt, which was co-chaired by Hon. MarcyS. Friedman, Justice, New York State

Supreme Court, and Paula Galowitz, clinicalprofessor of law, New York UniversitySchool of Law. The Task Force was an out-growth of a major conference NYCLAsponsored in 2004, “The New York CityHousing Court in the 21st Century: Can ItBetter Address the Problems Before It?.” Inaddition to the Protocols Report, the TaskForce issued two other reports: “Right toCounsel in Housing Court” and “Resourcesin the Housing Court,” which contains rec-ommendations on the establishment ofguidelines when Guardians Ad Litem areassigned to cases of people with diminishedcapacity, improvement of coordinationbetween various governmental agencies andexpansion of the use of computer technol-ogy in the Court.

The Best Practices Report is avail-able on NYCLA’s homepage atwww.nycla.org. AdditionalHousing Court reports are availableat www.nycla.org/siteFiles/News/News59_2.pdf.

ABA Adopts NYCLA Resolution . . . . . . .1A Look at EMIPS . . . . . . . . . . . . . . . . . .12Annual Dinner . . . . . . . . . . . . . . . . . . . . . .6Arbitrators and Mediators Needed . . . . . .2Attorneys Guide . . . . . . . . . . . . . . . . . . . .10Centennial Certificate . . . . . . . . . . . . . . . . .5Centennial Page . . . . . . . . . . . . . . . . . . . . .9Centennial Print . . . . . . . . . . . . . . . . . . . . .4CLE Programs . . . . . . . . . . . . . . . . . . . . . .5CLE Tech Programs . . . . . . . . . . . . . . . .15Criminal Justice Section’s Public Service Fellowship Essay Contest . . . . . . . . . . . . . . . . . . . . . .11Ethics Hotline . . . . . . . . . . . . . . . . . . . . .13Events Calendar . . . . . . . . . . . . . . . . . . . . .2Ethics Institute . . . . . . . . . . . . . . . . . . . . . .1Hon. Jose Cabranes to Deliver Hughes Lecture . . . . . . . . . . . . . . . . . . . . .4Intern Night . . . . . . . . . . . . . . . . . . . . . . .13Job Postings . . . . . . . . . . . . . . . . . . . . . . .10Library Notes . . . . . . . . . . . . . . . . . . . . . .10Meet the Chairs . . . . . . . . . . . . . . . . . . . . .8Member News . . . . . . . . . . . . . . . . . . . . . .3Message from Ann Lesk . . . . . . . . . . . . . .3Message from Bari Chase . . . . . . . . . . . . .5Message from James B. Kobak Jr. . . . . . . .6Metropolitan Museum Events . . . . . . . . . .6Musicians From Marlboro . . . . . . . . . . . .14Networking and Rainmaking . . . . . . . . . . .3New-York Historical Society Member Benefit . . . . . . . . . . . . . . . . . . . . .7NYCLA Issues Ethics Opinion 739 . . . .12Public Policy Developments . . . . . . . . . .12Spotlight on Future Lawyers . . . . . . . . . . .7Substance Abuse Hotline . . . . . . . . . . . . .13Volunteers Needed for Manhattan CLAROProject . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Women’s Rights Committee Booksigning . . . . . . . . . . . . . . . . . . . . . . .14Women’s Rights Committee Forum . . . .12

(See Ethics Institute, Page 15)

I N S I D E

T A B L E O FC O N T E N T S

HON. JOSÉ CABRANES

TO DELIVER

HUGHES LECTURE

pg 4

SPOTLIGHT ON

FUTURE LAWYERS

pg 7

Lewis Tesser

MESSAGE FROM

THE PRESIDENT

ANNE B. LESK: THIS ELECTION COUNTS

pg 3

October 2008 Visit us at www.nycla.org Volume 4 / Number 8

Page 2: Ethics Institute INSIDE Established at NYCLA M T P F H C · 2016. 12. 9. · Ethics Institute Established at NYCLA ... Bratton, special counsel, Department Disciplinary Committee,

________________________

October

Centennial Celebration Event:LUNCHEON HONORING THEFEDERAL COURTS IN NEWYORK CITY

Thursday, October 16, 12:00PMPlace: NYCLA Home of Law – 14 VeseyStreetHonoree: Hon. John Gleeson, U.S.District Court, Eastern District ofNew York, will receive the EdwardWeinfeld Award.Award Presenter: Hon. JackWeinstein, U.S. District Court,Eastern District of New York The Weinfeld Award recognizes dis-tinguished contributions to theadministration of justice.Sponsor: NYCLA’s Federal CourtsCommitteeTickets: $1,500: table of 10; indi-vidual tickets: $125RSVP: Checks, payable to NYCLA,can be sent to: Clement J. Colucci,Luncheon Chair, New York StateDepartment of Law, 120 Broadway,New York, NY 10271._________________________________

November

Centennial Celebration Event: PUBLIC FORUM - A LOOK ATFINRA’S NEWLY LAUNCHED PILOTPROGRAM EVALUATINGARBITRATION PANELS

Wednesday, November 5, 6:00 PMPlace: NYCLA Home of Law – 14 VeseyStreetSpeaker: George Friedman, executivevice president and director of dispute res-olution, FINRAMr. Friedman will lead a discussion of theFinancial Industry Regulatory Authority’s(FINRA) two-year pilot program, launchedin October 2008, which will allow someinvestors making arbitration claims tochoose a panel made up of three publicarbitrators instead of two public arbitra-tors and one non-public arbitrator as iscurrently the norm. His remarks will befollowed by a question-and-answer session.Sponsor: NYCLA’s Corporation LawCommitteeCo-Sponsors: NYCLA’s Arbitration &

ADR and Securities & ExchangesCommitteesFREERSVP: [email protected] and write ‘Nov. 5forum’ in the Subject line.

CENTENNIAL CELEBRATIONPUBLIC FORUM - NYSATTORNEY GENERAL'S OFFICESPEAKS ON THE CURRENTFINANCIAL CRISISThursday, November 13, 6:00PMPlace: NYCLA Home of Law – 14Vesey StreetSpeaker: David Markowitz,Investor Protection Bureau, NewYork State Attorney General’s OfficeFREESponsor: NYCLA’s Securities andExchanges CommitteeRSVP: [email protected] and write‘Nov. 13 forum’ in the Subject line.

Centennial Celebration Event:CHARLES EVANS HUGHESMEMORIAL LECTURE ANDRECEPTION

Tuesday, November 18, 6:00PMPlace: NYCLA Home of Law – 14 VeseyStreetLecturer: Hon. José AlbertoCabranes, U.S. Court of Appeals forthe Second CircuitSponsor: Hughes Hubbard & ReedLLPA reception will follow the lecture.FREERSVP: [email protected] and write‘Hughes Lecture’ in the Subject line.(For more information, please refer to thearticle on page 4.)

COMING UP IN DECEMBERCENTENNIAL CELEBRATION

EVENT: NYCLA’S 94TH ANNUALDINNER

Tuesday, December 16Reception: 6:30 PMDinner: 7:30 PM

Place: Waldorf Astoria Hotel – 49thStreet and Park AvenueHonoring Corporate In-House CounselsFor information on how to participate,please email Christina Andujar at [email protected] and write ‘94th AnnualDinner’ in the Subject line.(The November issue of New YorkCounty Lawyer will contain more infor-mation about the Annual Dinner.)

October 2008 / The New York County Lawyer2

CENTENNIAL EVENTSCALENDAR

New York County Lawyers’ AssociationCordially invites you to a

Reception & Beer TastingFor New Associates

OKTOBERFESTSample: Post Road Pumpkin Ale (New York); Ayinger Brauweiss, Paulaner

Salvatore, Ayinger Octoberfest (Germany); Magic Hat Blind Faith (Vermont) and Leffe Blond (Belgium)

Wednesday, October 22, 2008 - 6:00 PMHome of Law 14 Vesey Street

(between Broadway and Church Street)Please RSVP by October 15, by fax 212-406-9252 or call Cindy Fragliossi at 212-267-6646, ext. 209 or email: [email protected].

Firm Name ______________________________________________________Name __________________________________________________________Telephone _______________________________________________________Email __________________________________________________________The reception is free of charge and open to NYCLA members and potential mem-bers.

Pro Bono Project for Pro SeDebtor Defendants in New YorkCounty Civil Court

NYCLA and the New York CountyCivil Court will jointly sponsor a two-evening training session on Wednesday,November 5 and Monday, November 10from 6:00-8:00 PM for new volunteers.The training will be held at New YorkCounty Civil Court, 111 Centre Street(White Street entrance). You must attendboth training sessions to participate in theprogram. MCLE credits will be awardedupon completion of six hours of service.

Manhattan CLARO (Civil LegalAdvice and Resource Office) is an inno-vative, advice-only, volunteer lawyer pro-gram for pro se litigants with consumerdebt cases in New York County CivilCourt. The project is a collaborativeeffort with Fordham Law School’sFeerick Center for Social Justice.

CLARO’s MissionLow- and moderate-income New

Yorkers have a pressing need for legalassistance on a host of consumer lawissues, particularly consumer debt. TheCivil Court of New York needs volun-teer lawyers to assist the ever-growing

numbers of pro se litigants. Consumerdebt cases have inundated the CivilCourt; the docket has grown exponen-tially (accounting for the largest portionof Civil Court matters) and more thandoubled in the last five years. Civil Courtconsumer cases can be overwhelming forpro se litigants; for example, many liti-gants learn of the suit after their wageshave already been garnished or theirbank accounts frozen. CLARO providesadvice-only pro bono assistance to prose litigants with consumer debt mattersin Civil Court.

Once trained, volunteers will provideadvice to pro se litigants in the NewYork County Civil Court’s ResourceCenter. Volunteers may schedule theirservice at their convenience during day-time hours most days of the week or onThursday evenings from 6:00-8:00 PM.

If you are a member of NYCLA,please contact Lois Davis, director of ProBono Programs, at [email protected] formore information or to register. To regis-ter for the training program if you are nota NYCLA member, please contact LaurieMilder, special counsel, Civil CourtVolunteer Lawyer Projects, [email protected].

NYCLA DUES ARE TAX DEDUCTIBLE

NYCLA is a qualified tax-exempt organization under Section 501(c)(3)of the Internal Revenue Code and is not affected by the provisions inthe Revenue Reconciliation Act of 1993 dealing with lobbying andpolitical expenditures.

Volunteers Needed For ExpansionOf Manhattan CLARO Project

CorrectionIn the September 2008 issue of the New York County Lawyer, in an article titledMember News, we inadvertently attributed the writers of a report on the ArbitrationFairness Act to be members of NYCLA’s Supreme Court Committee. The writers aremembers of NYCLA’s Federal Courts Committee. In addition, the report, which wasaccepted for publication in the Library of Congress’s Federal Rules Decisions, is citedas 249 F. R. D. 402 (2008).

Art Auction PostponedThe October 2 Art Auction to benefit NYCLA’s Summer Minority Judicial InternshipProgram (SMJIP) has been postponed. A new date will be announced within the nextfew months. If you would like to make a contribution to the program, please send acheck (made payable to NYCLA) to: New York County Lawyers’ Association’s SMJIP, 14Vesey Street, New York, NY 10007.

Events are subject to change; please check the Association’s website,www.nycla.org, for schedule changes and additions.

Page 3: Ethics Institute INSIDE Established at NYCLA M T P F H C · 2016. 12. 9. · Ethics Institute Established at NYCLA ... Bratton, special counsel, Department Disciplinary Committee,

October 2008 / The New York County Lawyer 3

This Election Counts

A M E S S A G E F R O M T H E P R E S I D E N T

Ann B. Lesk

Whatever your political persuasion,this election presents the potential forsignificant legal change on a number offronts.

First and foremost, it is widely expect-ed that the next President will have theopportunity to appoint between one andthree Supreme Court Justices, in additionto the usual complement of judges onthe District Court and Circuit Court lev-els. Three of the four “liberal” Justicesare 70 years old or more – includingJustice Stevens, the oldest Justice at 88,while three of the four “conservative”Justices are 60 years old or less. JusticeKennedy, generally viewed as the swingvote among the Justices, is 72.Consequently, chances are that anappointment would arise as a result of avacancy in the “liberal” wing, or possiblyJustice Kennedy’s seat.

Thus, an Obama victory would beexpected to preserve the status quo onthe Court, while a McCain victory wouldhave the potential to change the balanceof power on the Court.

In the 2007-08 term, a number ofnotable cases were decided by 5-4 votes,including cases that invalidatedWashington, D.C.’s gun control ordi-nance, ruled that Guantanamo detaineeshad a right to habeas corpus, and heldthat it was unconstitutional to impose thedeath penalty for child rape. In a typicalSupreme Court term (if there is such athing), the percentage of 5-4 decisionsgenerally is between 20 percent and 30percent. Thus, replacing a single Justicehas the potential to change the outcomein a large number of cases.

Second, the result of Senate electionswill have a direct effect on the legislativeprogram, but will also have a secondaryeffect on judicial nominations that mustbe confirmed by the Senate. The currentmakeup of the Senate is relatively bal-anced – 49 Republicans, 49 Democrats,and 2 Independents who caucus with theDemocrats. In November, 35 Senateseats will be filled. Of these, 12 are cur-rently held by Democrats, and 23 are cur-rently held by Republicans, five of whomare retiring. Either party would have topick up two seats to have a majority, and

11 seats to have the 60 votes needed toinvoke cloture in the Senate (without ref-erence to the Independents who caucuswith the Democrats). If neither partycontrols 60 seats, judicial nominationswill continue to be vulnerable to fili-buster threats.

Third, the outcome of House ofRepresentatives elections will, of course,affect the legislative program. All 435seats in the House will be filled inNovember; the current breakdown is 235Democrats, 199 Republicans, with oneformerly Democratic seat vacant. Thirty-seven seats will be open – that is, theincumbent either retired voluntarily orwas denied renomination in a primary. Ofthese, 8 were Democrats and 29 wereRepublicans. The Republicans wouldhave to pick up 19 seats to have a major-ity and 91 seats to have a veto-proofmajority; the Democrats, who have amajority in the current House, wouldhave to pick up 55 seats in order to havea veto-proof majority.

Fourth, of course, the election of thePresident will affect the legislative agendasubmitted to Congress, decisions abouthow the executive branch agencies arestaffed, and decisions about how alreadyenacted laws will be enforced. The latterelement – executive decisions aboutadministrative decisions – is often glossedover. Nevertheless, it allows a President toimplement surprisingly broad policiescompletely independent of Congressionalaction and, in many cases, without courtoversight. A few examples will suffice toshow the breadth of this power.

During the Clinton administration,environmental groups had tried unsuc-

cessfully to have Congress declare about60 million acres of national forest lands“wilderness areas.” In December 2000,just before leaving office, PresidentClinton signed an Executive Order thatprohibited road constructions in theseareas, achieving the same result.President Clinton’s “roadless rule” waspromptly challenged by multiple lawsuits.The Bush administration simply chosenot to mount active defenses of the road-less rule, and failed to appeal decisionsadverse to the regulations.

In a similar vein, the EnvironmentalProtection Administration refused toissue regulations under the Clean Air Actto limit greenhouse gas emissions, takingthe position that it did not have authorityto do so. Ultimately, the Supreme Court,in a 5-4 decision, ruled that the agencymust issue such regulations. A year afterthe Supreme Court decision, regulationshave still not been issued, underlining thedifficulty of compelling an administrativeagency to change course.

Recently, we have witnessed an intensedebate about executive decisions con-cerning the attorney-client privilege. In2003, the so-called “ThompsonMemorandum” revised the chargingguidelines used by U.S. Attorneys indeciding whether to charge a corporationwith a criminal offense. The JusticeDepartment stated that prosecutorscould consider two factors as indicatingthat a corporation was not cooperatingwith an investigation: (i) if a corporationrefused to waive the attorney-client priv-ilege with respect to its employees’ con-versations, and (ii) if the corporation paidattorneys’ fees for its employees. Afterwidespread criticism, the policy wasrescinded, also by internal JusticeDepartment memorandum.

As lawyers, we are doubly affected byall of these factors: as ordinary citizens,and also in our professional lives. In addi-tion, we have the ability to explain to ourfriends and colleagues the legal import ofissues that are being discussed in the elec-tion campaign.

If you care about the legal conse-quences of this year’s election, youshould not sit on the sidelines.

NEW YORK COUNTY LAWYER

Ann B. LeskPresident

Sophia J GianacoplosExecutive Director

Mariana HoganChair, Newsletter Editorial Board

Marilyn J. FloodCounsel to NYCLA

Executive Director of the NYCLA Foundation

Anita AboulafiaEditor

Director of Communications

Jennifer Ni WangCommunications Assistant

Networking AndRainmaking

Presented by Andrea Nierenberg, the Nierenberg Group

Ms. Nierenberg is author of Nonstop Networking: How to Improve Your Life, Luck and Career,

Million Dollar Networking: The Sure Way to Find,Grow and Keep Your Business,

and Savvy Networking: 118 Tips for BusinessSuccess

Thursday, November 20, 2008 - 6:00 PM

NYCLA Home of Law, 14 Vesey Street(between Broadway and Church Street)

RSVP: [email protected]

Member NewsThis column spotlights members who have appeared in the media or whohave published books. Members are invited to contribute information toAnita Aboulafia, Communications Director, at [email protected].

Noreen Healey, a member of NYCLA’s Law-Related EducationCommittee, has been re-appointed by Governor David Paterson as a com-missioner of the New York State Liquor Authority and has received Senateconfirmation.

Norman L. Reimer, former NYCLA president and Executive Directorof the National Association of Criminal Defense Lawyers, and Hon.George Bundy Smith, chair of the NYCLA Justice Center and a part-ner at Chadbourne & Parke LLP, have been appointed to the New YorkState Bar Association’s Task Force on Wrongful Convictions. This newlycreated Task Force will study the systemic, procedural and statutory causesthat contribute to wrongful convictions and propose solutions.

Photo Credits:

Anita AboulafiaCindy FragliossiChretien Risley

Jennifer Ni Wang

New York County Lawyer is pub-lished monthly (except January andAugust) for $10 per year by New YorkCounty Lawyers’ Association, 14 VeseyStreet, New York, NY 10007. Periodicalspostage paid is mailed at New York, NYand additional mailing offices. POST-MASTER: Send address changes to:New York County Lawyer, 14 VeseyStreet, New York, NY 10007-2992.

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$10.00 of membership dues is deductedfor a one-year subscription to the NewYork County Lawyer.

Copyright © 2008 New YorkCounty Lawyers’ Association. Allrights reserved. New YorkCounty Lawyers’ Associationgrants permission for articlesand other material herein orportions thereof to be repro-duced and distributed for educa-tional or professional usethrough direct contact withclients, prospective clients, pro-fessional colleagues and studentsprovided that such use shall notinvolve any matter for whichpayment (other than legal fees ortuition) is made and providedfurther that all reproductionsinclude the name of the authorof the article, the copyrightnotice(s) included in the originalpublication, and a notice indicat-ing the name and date of theAssociation publication fromwhich the reprint is made.Subscription rate: $10.00 peryear for non-members

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.

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October 2008 / The New York County Lawyer4

On November 18, Judge José A. Cabranesof the United States Court of Appeals forthe Second Circuit will deliver the CharlesEvans Hughes Memorial Lecture atNYCLA. Judge Cabranes was appointed tothe United States Court of Appeals for theSecond Circuit in 1994. At the time of hisappointment, he was Chief Judge of theUnited States District Court for the Districtof Connecticut, a court to which he wasappointed in 1979.

Judge Cabranes was born in 1940 inMayagüez, Puerto Rico and at the age offive moved with his family to the SouthBronx. After attending public schools inNew York City, he graduated fromColumbia College (A.B., 1961), Yale Law

School (J.D., 1965) and theUniversity of Cambridge,Cambridge, England (M.Litt. inInternational Law, 1967). Hestudied at Cambridge under aKellett Research Fellowshipfrom Columbia College and theHumanitarian Trust Studentshipin Public International Law fromthe Faculty Board of Law of theUniversity of Cambridge.

Judge Cabranes was serving asGeneral Counsel of YaleUniversity when he was appointed to thefederal bench in 1979; he was the firstPuerto Rican appointed to the federal benchin the continental United States. Previously,

he had practiced in a New YorkCity law firm; taught law on thefull-time faculty of RutgersUniversity Law School and theadjunct faculty of Yale LawSchool; and served as SpecialCounsel to the Governor ofPuerto Rico and as head of theCommonwealth of PuertoRico’s office in Washington,D.C. He is the author ofCitizenship and theAmerican Empire (Yale

University Press, 1979), a legislative historyof the United States citizenship of the peo-ple of Puerto Rico, and co-author (withKate Stith) of Fear of Judging:Sentencing Guidelines in the FederalCourts (University of Chicago Press, 1998)(Certificate of Merit of the American BarAssociation, 1999), and articles in variouslaw journals.

Judge Cabranes served as a trustee ofYale University from 1987 to 1999 and nowserves as a trustee of Columbia University.He is also a former trustee of ColgateUniversity. He has been elected a member ofthe American Academy of Arts andSciences and a Fellow of the American BarFoundation.

He was the recipient of the LearnedHand Medal for Excellence in FederalJurisprudence of the Federal Bar Council in2000.

Hon. Charles Evans HughesIn 1948, NYCLA established the Charles

Evans Hughes Memorial Lecture series tohonor Hon. Charles Evans Hughes (1862-1948), who served as the Association’seighth president (1919-1921), Governor ofNew York (1907-1910), Associate Justice ofthe Supreme Court (1910-1916), U.S.Secretary of State (1921-1925) and ChiefJustice of the Supreme Court (1930-1941).In 1916, he resigned from the SupremeCourt to run as the Republican U.S. presi-dential candidate, losing one of the closestpresidential elections in history to WoodrowWilson.

Mr. Hughes launched his law career beforegraduating from law school. In 1871, afterthe Great Chicago Fire killed more than 300people, a Chicago lawyer, Walter S. Carter,had so many claims to prosecute involvinginsurers bankrupted by the fire that hemoved his office to New York. Since he hadmore business than he could personally han-dle, he decided to hire the most promisinglaw students to help him and, in a departurefrom standard practice, paid these “associ-ates” a salary. One of these associates wasCharles Evans Hughes. When Mr. Hughes

entered the Carter law firm upon graduationfrom Columbia Law School in 1884, thefirm’s name was Chamberlain, Carter &Hornblower. Four years later, Mr. Hugheswas made partner and the law firm’s namewas changed to Carter, Hughes & Cravath.

Now known as Hughes Hubbard & ReedLLP, the law firm assumed sponsorship ofthe lecture series in 2007. Past lecturers haveincluded: Roscoe Pound, Esq.; WhitneyNorth Seymour, Esq., Hon. Jack B.Weinstein, U.S. District Court, EasternDistrict of New York; Robert MacCrate,former ABA President and Senior Counselat Sullivan & Cromwell; and, most recently,Kenneth C. Frazier, Executive VicePresident and President, Global HumanHealth, at Merck & Co., Inc.

The lecture will begin at 6:00 PM, fol-lowed by a reception. To RSVP, please emailDianna Lamb at [email protected] and write“Hughes Lecture” in the Subject line.

Hon. José Cabranes to Deliver Hughes Lecture on November 18

José A. CabranesU.S. Circuit Judge

LimitedEditionPrint:

One of the gifts donors to theNYCLA Centennial Campaignare eligible to receive based ontheir contribution level

The Joint Committee on Fee Disputes andConciliation is seeking arbitrators and media-tors for its Part 137 Attorney-Client FeeDispute Program, which provides for the reso-lution of fee disputes between attorneys andclients through arbitration and mediation.

Under Part 137, attorneys retained on orafter January 1, 2002 for civil matters (personalinjury and criminal cases are not covered) arerequired to submit fee disputes to arbitration.

This applies to disputed amounts between$1,000 and $50,000.

A training session is scheduled for Tuesday,December 2 from 8:30 AM – 4:30 PM.Attorneys admitted to the bar for at least fiveyears are encouraged to apply. Please email aresume and cover letter highlighting any rele-vant experience to Lois Davis, Director of ProBono Programs, at [email protected] byMonday, November 24.

Arbitrators and MediatorsNeeded for Attorney-Client Fee

Dispute Program

Katharine BaumSenior Consultant

Baum, StevensAttorney Placement

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October 2008 / The New York County Lawyer 5

CLE Highlights in October

In October, the CLE Institute has suc-ceeded in putting together one of our morediverse and comprehensive program lineupsof the year, with topics ranging fromemployment law to ethics, from votingrights to international copyright law.

On Monday, October 6, we are presentingThe Great Employment Debate,chaired by seasoned attorney MurraySchwartz. Using an interactive format, theprogram explores key issues involved inemployment-related cases, offering perspec-tive from both the plaintiff ’s, as well as thedefendant’s point of view; guaranteed to bea spirited discussion that is certainly not tobe missed. The following evening, Tuesday,October 7, NYCLA’s Foreign andInternational Law Committee presentsDavid v. Goliath: The WTO Case ofAntigua v. U.S., detailing what happenedwhen a small island nation was forced tochallenge the United States’ prohibition ofcross-border gambling services at the WTO.The program will delve into the legal obsta-cles facing such a struggle and how Antiguaultimately and effectively challenged a globalsuperpower. Mock Summary JuryTrial: An Inventive Approach toResolving Cases is scheduled forThursday, October 16. Using the example ofa mock personal injury dispute, attendeeswill receive another approach to considerwhen both plaintiff and defendant are com-pletely at odds over the value of a case. OnTuesday, October 21, we reprise the timelyprogram, The Obama Factor: Race,

Law & Voting Rights, presented byauthor and Founder/Director of the Lawand Policy Group, Gloria J. Browne-Marshall. Professor Browne-Marshall willdetail the plight of America’s minoritygroups from disfranchisement to the currentstate of race, law and voting rights in today’ssociety. International Copyright:What the U.S. Practitioner Needs toKnow, co-sponsored by NYCLA’sEntertainment, Media, Intellectual Propertyand Sports Law Section, which follows onThursday, October 23, will help to identifyfor audience members current problematicareas of U.S. copyrights in overseas markets,while providing drafting tips, tools andresources necessary for U.S. practitioners informulating sensible solutions. The dissec-tion of the jury trial process is explored onFriday, October 24 in Masters in Trial:Statements to Jury Deliberations, co-sponsored by the American Board of TrialAdvocates, NYC Chapter and the AmericanBoard of Trial Advocates (ABOTA)Foundation. Using a mock-trial format, thisprogram demonstrates how to conduct atrial, from opening statements through jurydeliberations. Economic and financialissues are explored in LitigationImplications of the SubprimeMortgage Crisis, slated for Tuesday,October 28 and co-sponsored by NYCLA’sFederal Courts Committee. An update onpending and threatened litigation arisingfrom the subprime mortgage crisis, a discus-sion of the vast range of issues involved andpossible lessons learned are part of this pro-gram. Finally, on Thursday, October 29, weproudly offer NYCLA Ethics Institute,

Program 1: Confronting EthicalIssues Arising During Litigation.Hypothetical situations will offer the basisfor this interactive discussion featuring notedexperts on handling ethical dilemmas, as wellas experienced litigators who face theseissues on a daily basis.

For the times and fees for all programs,additional information regarding October2008’s live programs, current DVD/CDaudio course offerings and online CLEavailable though LAWLINE, please visit ourwebsite at www.nycla.org.

CLE PROGRAMS IN OCTOBERMonday, October 65:30 – 9:00PM GREAT EMPLOYMENT DEBATE4 MCLE Credits: 1 Ethics, 3 ProfessionalPractice; Transitional and Non-TransitionalEarly Registration Fee: (on or before10/4)Member: $100 Non-Member: $125Registration Fee: (10/5 – 10/6)Member: $125Non-Member: $150*this is part D of Bridge the Gap

Tuesday, October 76:00 – 8:00PM DAVID V. GOLIATH: THE WTO CASEOF ANTIGUA V. U.S.2 MCLE Credits: 2 Professional Practice;Transitional and Non-TransitionalEarly Registration Fee (on or before

10/5) Member: $30Non-Member: $55Registration Fee: (10/6 – 10/7)Member: $55Non-Member: $80

Tuesday, October 166:00 – 9:00PMMOCK SUMMARY JURY TRIAL: ANINVENTIVE APPROACH TORESOLVING CASES3 MCLE Credits: .5 Ethics; 1 ProfessionalPractice; 1.5 Skills; Transitional and Non-TransitionalEarly Registration Fee (on or before10/14) Member: $125Non-Member: $165Registration Fee: (10/15 – 10/16)Member: $150Non-Member: $190

Tuesday, October 21 6:00 – 8:05PMTHE OBAMA FACTOR: RACE, LAWAND VOTING RIGHTS2.5 MCLE Credits: 1 Ethics; 1.5Professional Practice; Transitional and Non-TransitionalEarly Registration Fee: (on or before10/19)Member: $40 Non-Member: $65Registration Fee: (10/20 – 10/21)Member: $65Non-Member: $90*WITH BOOK - Race Law, andAmerican Society

Message From Bari Chase, Director of CLE Institute

(See CLE Programs, Page 15)

Commemorate your participation in NYCLA’s

100-year historyPurchase your

CENTENNIAL CERTIFICATE OF MEMBERSHIP

Printed on elegant Neenah classic® linen paper, the 8.5” x 11” certificate is perfect for framing.

Price: $15Includes tax and shipping

TO ORDER: Mail to NYCLA, Centennial Certificate, 14 Vesey Street,New York, NY 10007. Include check payable to NYCLA or creditcard information, or fax this page with credit card information to: 212-406-9252. Please allow 2-4 weeks for delivery. For more information,please contact Diana Kosanovich: 212-267-6646, ext. 213 [email protected].

Name ____________________________________________________________

Email ____________________________________________________________

Telephone ________________________________________________________

Credit Card Number_____________________________Exp. Date ____________

Authorized Signature ________________________________________________

EXTEND YOUR LEGAL REACHOF COUNSEL LEGAL SERVICES

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Tel: 212-663-1453 • Fax 212-663-6711 • Cell: 347-678-1080

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Legal Research

Bankruptcy Hearings

50-H Hearings

Small Claims (night)

Pre-Trial Conferences

Discovery Conferences

Motions

EBT / Depositions

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October 2008 / The New York County Lawyer6

Top 10 Reasons toRespond as Generouslyas Possible to NYCLA’sCentennial CapitalCampaign

1.) Your contribution is fullytax deductible and NYCLA doesmore for the profession than thegovernment does.

2.) You will help allowNYCLA to make much neededrenovations and improvementsto its landmark building – the Home of Law– where lawyers and judges meet, where itsprograms and events occur and where itsLibrary and staff are housed.

3.) Hundreds of other NYCLA membershave already given to this campaign andhundreds more have given in the past. It isonly fair that you should do your part.

4.) NYCLA is an indispensable, irreplace-able resource for many lawyers, needy NewYorkers, and high school, college and lawschool students.

5.) You will feel good bybeing generous. You will makeme feel good as well.

6.) NYCLA supports diversi-ty, membership for all, access tojustice, professionalism and therule of law.

7.) Supporting a bar associa-tion and its law reform, probono and educational effortsare part of being a profession-al in the true sense of the word.

8.) NYCLA stands up forlawyers and judges when the need arises.They should stand up for NYCLA in itstime of need.

9.) Those who make especially generousgifts are eligible to receive thank-you gifts inreturn or even naming opportunities.Moreover, your generous gifts may be madein the form of pledges over two or threeyears.

10.) If everyone responds, you will nothave to read so many columns, letters andemails like this one appealing for funds.

James B. Kobak Jr.

Michelle D. Bergman Duane Reade, Inc.Noah J. Hanft Mastercard IncorporatedJ. Andrew Murphy NRG Energy Inc.Peter J. Beshar Marsh & McLennanAndrew D. Hendry Colgate-Palmolive Company

Sarah A. O’Connor Arch Chemicals Inc.Eric J. Bock Travelport LimitedJeffrey S. Hurwitz Dun & Bradstreet Corp.Louise M. Parent American Express CompanyRobert Bostrom Freddie MacMark H. Jackson Dow Jones & Company, Inc.James W. Peck Nypro, Inc.Louis J. Briskman CBS CorporationEllen Oran Kaden Campbell Soup Co.Arnold A. Pinkston Beckman Coulter Inc.Michael A. Brizel Saks Inc.Karl Peter Kilb Bloomberg LPBradford W. Rich OneBeacon Insurance GroupPaul T. Dacier EMC CorporationAdam R. Kokas Atlas Air Worldwide Holdings Inc.Curt S. Rush Systemax Inc.Jennifer Daniels Barnes & Noble Inc.Seth D. Krauss Take-Two Interactive Software Inc.Dennis L. Schoff Lincoln National CorporationJanet L. Dhillon US Airways Inc.Michael H. Lanza Selective Insurance Group Inc.Margaret K. Seif Analog Devices Inc.Lloyd H. Feller Jefferies & Company, Inc.Parkin Lee Rockefeller Group International, Inc.D. Bruce Sewell Intel CorporationJohn G. Finneran, Jr. Capital One Financial CorporationAndrew W. Levin Clear Channel Communications, Inc.Jeffrey S. Sherman Becton, Dickinson and CompanyWilliam S. Garner, Jr. Spectra Energy CorporationRobert A. Lonergan Rohm and Haas CompanyLarry D. Thompson PepsiCo, Inc.Susan E. Goldy Church & Dwight Co., Inc.Brian M. Martin KLA-Tencor Corp.Richard Toomey Sovereign BancorpSol Glasner The MITRE CorporationMichele Coleman Mayes The Allstate CorporationAndrea E. Utecht FMC Corp.Robert J. Grey PPL CorporationBruce Metge Healthextras Inc.Richard H. Walker Deutsche Bank AGMary Beth Gustafsson First Solar Inc.Sara E. Moss Estée Lauder Companies Inc.

*As of September 17, 2008.For information on how to participate, please call Christina Andujar

at 212-267-6646, ext. 221.

NYCLA’s Centennial at the Annual Dinner

Message From James B. Kobak Jr. President Of NYCLA Foundation

NYCLA members receive a 20 percent dis-count* to the following concerts at theMetropolitan Museum of Art, located at FifthAvenue and 81st Street. To purchase tickets,call 212-570-3949. (You must mention codeNYCLA89 and provide your NYCLA IDnumber to get the discount.) To ordertickets online, register or log in with thesource code NYCLA89, then proceed to theevent on the C&L Calendar (www.metmuse-um.org/tickets).

DJOLIBA ENSEMBLE OF MALI Tuesday, October 7 at 8:00 PMThe Djoliba Ensemble of Mali uses tradi-

tional instruments, song and dance to portraythe daily life of the colorful cultures of Mali,in Africa, in a contemporary way. The 20members of the ensemble include singerOumou Sangaré and kora player ToumaniDiabate, recognized performers in theMandingo tradition. *Tickets are $40 (regular-ly $50)

MARC-ANDRÉ HAMELIN - Only NewYork Recital

Thursday, October 30 at 8:00 PM

Berg—Sonata, Opus 1; Chopin—SonataNo. 2 in B flat Minor, Opus 35; Alkan—Concerto for Solo

Piano, Opus 39, Nos. 8–10. *Tickets are$36 (regularly $45)

LESLEY GOREFriday, October 31 at 7:00 PMAs a solo artist in the 1960s, Lesley Gore

had pop instincts and an independent spiritthat stood out against the formulaic offeringson the radio. By the time she was 16, her hitsrang like anthems for young Americanwomen and pointed the way for future gener-ations of pop singers.

*Tickets are $40 (regularly $50)

ARTISTS IN CONCERTFriday, November 7 at 8:00 PMHaydn—String Quartet in G Major, Opus

76, No. 1; Beethoven—Septet in E flat Major,Opus 20;

Cherubini—Pater Noster for Solo Violinand String Quartet; Takemitsu—RockingMirror Daybreak for two violins. *Tickets are$28 (regularly $35)

Metropolitan MuseumConcert Series

Please Join Us at NYCLA’s Centennial DinnerHonoring Corporate In-House Counsel

December 16, 2008, 6:30 p.m. at the Waldorf Astoria Hotel

Dinner ChairRobert L. Haig

Honorees* (General Counsel who have accepted NYCLA’s invitation toattend the Dinner as Honored Dais Guests)

Contribution LevelContribution Designation NYCLA Foundation

Gift/Recognition

$100 Centennial Member NYCLA Centennial DVD

$250 Centennial Friend Autographed Centennial Book

$500 Centennial Partner Limited Edition Print

$1,000 Centennial Fellow Autographed Centennial Book and Limited Edition Print

$2,500 Centennial Supporter Autographed Centennial Book, Limited Edition Print and Recognition on Plaque at the Home of Law

$5,000 Centennial Patron Autographed Centennial Book, Framed Limited Edition Print, Tiffany Crystal Windham Box and Recognition on Plaque at the Home of Law

$15,000 Centennial Leader All Centennial Patron Gifts and Recognition, Plus a Naming Opportunity at the Home of Law

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October 2008 / The New York County Lawyer 7

Two years ago, NYCLA and New YorkLaw School launched a joint project, theHonorary Student Co-Chair Program,which provides law students with experi-ence and insight into the legal communityby appointing them honorary student co-chairs of NYCLA committees and sections.The student co-chairs attend meetings, con-duct research and assist with other assign-ments.

New York Law School’s Mariana Hogan,professor of law and director of externshipprograms, who is also a member ofNYCLA’s Board of Directors and chair ofthe Communications Committee, and MegReuter, assistant dean for career planning,created the program. Students are selectedthrough a competitive process and finalists’names are sent to NYCLA. NYCLA’sMembership Committee then reviews theapplications and forwards resumes ofpromising candidates to appropriate com-mittees and sections. Thirty-two studentshave participated in the program thus far.

Perspectives of HonoraryStudent Co-Chairs

According to Alex Malyshev, a second-

year law student who served as honoraryco-chair of the Real Property Section, “Ihelped organize a CLE program, GreenBuilding 101. With the assistance ofSection Chair Leo Genn, I had the oppor-tunity to take my idea from the planningboard to the finish line. Leo was great in let-ting me explore my areas of interest.” Hecontinued, “Under Leo’s guidance, I identi-fied and scheduled speakers, thus enablingme to make contacts in the legal communi-ty and learning the nuts and bolts of howevents such as these are coordinated.”

Second-year law student Anna Sklyarskyis entering her second year as an honoraryco-chair of the Real Property Section.“Among the valuable lessons I’ve learned sofar are: Make sure to get all your facts andcontacts straight before moving forward.Communication can make or break anyevent, so having everyone on board is criti-cally important. Be professional, even whenyou have to interact with unprofessional‘professionals.’ And, finally, keep your cooland be prepared for the worst – for exam-ple, last minute cancellations.”

Third-year law student Elyssa Sims

S P O T L I G H T O N F U T U R E L A W Y E R S

Law Students Network and Gain Experience and Insight as

Honorary Student Co-Chairs

By Jennifer Ni Wang

The New-York Historical Society offersNYCLA members discounted membershiprates: individual membership is $45 (regular-ly $55) and dual/family membership is $85(regularly $100). The Society is located at 170Central Park West. To join, contact AlbertMin at 212-485-9288 [email protected].

Founded in 1804, the New-YorkHistorical Society is New York City’s oldestmuseum, as well as a nationallyrecognized research institution.In addition to the four centuriesof New York and American his-tory it holds, the Society offers various edu-cational programs for the public. Two ofthese opportunities are law-and politics-related exhibits that will be on displaythrough the 2008-2009 fall and winter sea-sons.

If Elected: The Game Of AmericanPoliticsJuly 4, 2008 – January 20, 2009

The New-York Historical Society willmark the occasion of the upcomingNovember elections with an installation thatsurveys the history of American presidentialelections through the lens of campaignephemera and other items of material cul-ture. A wide spectrum of 19th- and 20th-century presidential campaign memorabiliafrom the Society’s collection will be dis-played, including lapel buttons, paradelanterns, flags, banners, whiskey bottles,thimbles, neckties and handkerchiefs. Theseobjects illustrate the many forms of politicalpersuasion that have been used over the past

two centuries and reveal much about thenation’s changing election issues, prevailingpolitical decorum and the characteristics thatAmericans value in their leaders.

Nation At The Crossroads: TheGreat New York Debate Over TheConstitutionNovember 14, 2008 – March 15, 2009

The exhibition, to be presented online aswell as in the Low Light Gallery at the Society,will illustrate and illuminate the intense

process of argument and debatethat preceded the vote of the1787 New York State Conventionto ratify the Constitution. It will

tell a story, in the words of one guest curatorof the project, historian Richard Leffler, “ofpolitical skill, hard-fought advocacy, and thepolitical courage to compromise,” throughdocuments, contemporary newspapers andbroadsides, portraits and objects from the col-lections. Included will be such treasures asJohn Jay’s draft of Federalist #64 and thecopy of the Constitution he annotated duringthe Poughkeepsie debate, John McKesson’sdiary recording the debates on the floor,William Livingston’s marked-up draft of theConstitution with his notes from thePhiladelphia convention, along with RufusKing’s on-the-spot reports of that event, aswell as Giuseppe Ceracchi’s bust of John Jay(1792), watercolor depictions of the site ofthe meetings and of lower Manhattan’sFederal Hall and George Washington’s inau-gural chair.

Ms. Wang is the CommunicationsAssistant at New York CountyLawyers’ Association.

New-York Historical Society Member Benefit

(See Law Student Network, Page 15)

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October 2008 / The New York County Lawyer8

By Jennifer Ni Wang

We are continuing our profiles of newlyappointed committee and section chairs, co-chairs and vice chairs.

Brian P. CorriganAssociate, Holland & KnightLLPVice Chair, Estates TrustsSection

Brian P. Corrigan is anassociate at Holland &Knight LLP, practicing pri-marily in the areas of pro-bate and fiduciary litiga-tion. Mr. Corrigan repre-sents individuals and com-panies in various contested Surrogate’sCourt proceedings involving diverse issues,such as objections to wills and accountings,the validity of pre-death transfers by a dece-dent or agent, fiduciary removal and theconstruction of wills and trusts. His prac-tice also includes commercial litigation relat-ed to estates and MHL Article 81 and SCPAArticle 17 guardianship proceedings inSupreme and Surrogate’s Courts.

Mr. Corrigan has written articles and spo-ken at CLE programs on Surrogate’s Courtpractice and trusts and estates law. He alsocommits a substantial amount of time eachyear to representing needy people on a probono basis.

Mr. Corrigan graduated from HofstraLaw School, where he served as researcheditor of the Hofstra Labor andEmployment Law Journal.

Sylvia E. Di PietroLaw Office of Sylvia E. DiPietro, Esq., LLCChair, Estates Trusts Section

Sylvia E. Di Pietro is asolo practitioner, provid-ing a full range of servicesin the areas of probate,administration, draftingwills and trusts, complexestate litigation and plan-ning, Article 81Guardianship counseling,petitioning and contested matters.

An accomplished speaker, Ms. Di Pietrohas been featured on numerous radio showscovering estate planning, conflicts overmoney and pre- and post-marital agree-ments. Her outside pro bono activitiesinclude having served as a pro bonoemployment/mentor to paralegal studentsat CUNY’s Associate Degree Program atNew York City College of Technology inthe Legal Assistant Studies Department.

Ms. Di Pietro was formerly the chair ofNYCLA’s Real Property Section and co-chair of its subcommittee on Condos andCoops (2004-2007). As a member ofNYCLA, she has appeared as a speaker atCLE seminars, including Blueprint forBuilding Your Practice, and chaired the pub-lic forum debating the City’s West SideStadium Project and the reception for NewYork City Council Speaker Christine Quinn.Currently, she is vice president of the NewYork Women’s Bar Association and a dele-gate to the Women’s Bar Association of theState of New York and the Network of BarLeaders.

Ms. Di Pietro is also a member of theNew York State Bar Association’s Trustsand Estates and Elder Law Sections,Committees on Elderly and Disabled, EstateLitigation and Pre-Mortem Probate; and

New York City Bar’s State Courts ofSuperior Jurisdiction and Council on JudicialAdministration; Columbian Lawyers, FirstDepartment; and the Jewish Lawyers Guild.Previously, she was a member of the SpecialCommittee on Cyberspace Law for the NewYork State Bar Association.

Ms. Di Pietro is a graduate of BrooklynLaw School.

Upcoming Committee PlansThis year, Mr. Corrigan and Ms. Di Pietro

will organize regular monthly meetingswhere committee members will continue tolearn from one another by discussing“what’s on your desk?“ as well as fromdynamic guest speakers who will offer theirinsights and lead discussions on topics ofinterest to trusts and estates practitioners.The committee will sponsor CLE programsaddressing various topics on estate planning,administration, litigation and taxation. Thecommittee further plans to draft and sup-port legislation addressing those needs iden-tified by committee members and the bar.

Megan P. DavisOf Counsel, Flemming ZulackWilliamson Zauderer LLPCo-Chair, Appellate CourtsCommittee

Megan P. Davis is OfCounsel at FlemmingZulack WilliamsonZauderer LLP (FZWZ),where she specializes incommercial litigation andappeals. Prior to joiningFZWZ, Ms. Davisworked as an assistant attorney general inthe Criminal Division of the New YorkState Attorney General’s Office, where shespecialized in appellate matters and arguedappeals before the Second Circuit, NewYork State Court of Appeals and AppellateDivision. Ms. Davis previously practicedlaw as a litigation associate at both KramerLevin Naftalis & Frankel LLP and SimpsonThacher & Bartlett. From January 2000 toSeptember 2001, Ms. Davis was a law clerkto United States District Judge NinaGershon. Ms. Davis also taught legal writ-ing as an adjunct instructor of law atBrooklyn Law School.

Ms. Davis graduated cum laude fromHarvard Law School.

Jay L. WeinerAppellate Division, SecondDepartmentCo-Chair, Appellate CourtsCommittee

Jay L. Weiner is theprincipal law clerk toHon. Steven W. Fisher,Associate Justice,Appellate Division,Second Department, andis an attorney member ofthe Office of CourtAdministration’s Committee on CriminalJury Instructions. Before working for JusticeFisher, he was the principal law clerk toHon. Stephen G. Crane, Associate Justice,Appellate Division, Second Department;staff counsel at Appellate Advocates, Inc.; asolo practitioner; an assistant district attor-ney in Kings and Queens Counties; and anattorney in private practice. He taught legalwriting at New York Law School from 1998to 2000, was a member of the FirstDepartment Assigned Counsel Plan CentralScreening Committee from 1996 to 2001

and chaired NYCLA’s Appellate CourtsCommittee from 1999 to 2002.

Mr. Weiner is a graduate of Fordham LawSchool.

Upcoming Committee PlansMs. Davis and Mr. Weiner plan to invite

state and federal appellate court judges tospeak at each of the Committee’s meetings.The Committee is also planning to sponsora CLE program and issue a report on a topicof interest to appellate practitioners. TheOctober meeting has been scheduled forOctober 28 – please contact Ms. Davis orMr. Weiner for details.

Mary Gail GearnsPartner, Bingham McCutchenLLPCo-Chair, Securities andExchanges Committee

Mary Gail Gearns has more than 20 yearsof experience litigating infederal and state courtsthroughout the countryand in proceedings beforethe SEC, state securitiesregulators and self-regula-tory organizations. Herpractice at BinghamMcCutchen LLP focuseson securities matters, including private securi-ties litigation, regulatory enforcement pro-ceedings, internal investigations and investi-gations by the SEC and other regulators. Herpractice also includes the representation ofmultinational corporations, their officers anddirectors and other clients in a wide range ofcomplex commercial matters, including part-nership and shareholder disputes, RICOactions, fraudulent conveyance actions andvarious other business disputes. Ms. Gearns’sexperience includes all phases of litigation,from the initial pleading stage through trialand appeal. She serves as the firm’s nationalhiring partner and is the hiring partner for theNew York office.

Ms. Gearns has published articles aboutsecurities matters, including articles co-authored for the New York Law Journaland Derivatives Financial ProductsReport. She has also spoken at variousevents and CLE seminars. Ms. Gearns hasserved as a member of New York City Bar’sJudiciary Committee and is a member ofboth the American Bar Association’s andNew York State Bar Association’s LitigationSections.

Ms. Gearns is a graduate of Cornell LawSchool.

Helen ManganoLaw Office of HelenManganoCo-Chair, Securities andExchanges Committee

Helen Mangano has been a solo practi-tioner for more than 15 years in the areas oflitigation and arbitration. Earlier in hercareer, Ms. Mangano served as an enforce-ment attorney for the New York regionaloffice of the SEC and as staff counsel in theArbitration Department at the NASD. Shehas been a NYSE arbitrator and is currentlyplanning to serve on the FINRA panel as apublic arbitrator.

Ms. Mangano has been an active memberof the Securities and Exchanges Committeefor more than 20 years. She has conductedforum programs, CLE programs and com-mittee meetings at NYCLA. Ms. Manganovalues and views her committee work aseducational and wants to carry on that tradi-tion during her tenure.

Ms. Mangano is a graduate of New YorkLaw School.

Upcoming Committee PlansMs. Gearns and Ms. Mangano’s commit-

tee goals focus on education programs inthe coming year. They plan to hold meet-ings with guest speakers who can offer theirinsights or lead discussions on topics ofinterest to securities law practitioners, suchas the credit crisis and recent regulatoryactivity relating to subprime and auction ratesecurities. They also plan to host CLE andother educational programs addressingrecent developments and trends in securitieslaw and regulation, including presentationsconcerning regulatory, compliance andenforcement matters and issues relating toprivate and derivative securities litigation.

Stephen C. LessardAssociate, Orrick, Herrington& Sutcliffe LLPVice Chair, LGBT Issues Committee

Stephen C. Lessard is an associate in theTax Group at Orrick,Herrington & SutcliffeLLP, where his practiceincludes the taxation ofdebt and equity offerings,collateralizations, reorgan-izations, cross-bordertransactions and munici-pal finance. Mr. Lessardalso has experience counseling non-profitorganizations on federal tax law and corpo-rate governance. He is active in the firm’sDiversity and Recruiting Committees, andhas also engaged in a number of pro bonoprojects providing tax advice to non-profitorganizations and writing appellate briefsfor the New York County District Attorney.

During a 20-year career with the U.S.Navy, Mr. Lessard served in a number of bil-lets on ships and ashore as a surface warfareofficer. While in the Navy, he was honoredwith various unit and service awards. Mr.Lessard has sought to continue his militaryservice since retiring. He served as the LawStudent Division Liaison to the ABAStanding Committee on Legal Assistance forMilitary Personnel and since 2005, has vol-unteered as a counselor at Servicemembers’Legal Defense Network (SLDN). SLDNcounsels LGBT service members about the“Don’t Ask, Don’t Tell” policy.

Mr. Lessard graduated from GeorgetownUniversity Law Center, where he was amember of The Tax Lawyer staff, servingas an executive editor and publications edi-tor. He has published several articles on taxlaw issues, one of which received the 2006Burton Award for Legal Achievement.

Upcoming Committee PlansAs vice chair, Mr. Lessard would like to

see the Committee continue to sponsor pro-grams similar to the Lawrence v. Texasforum that was recently held. He com-mented on the event, “I think [it] was a greatsuccess not only for the top-notch speakersand large audience that we attracted, butalso because we joined with many of theCity’s legal LGBT groups. I think that, toooften, these groups have pursued separateagendas with little communication betweenthem.” Mr. Lessard hopes that theCommittee can provide the leadership infostering a more collaborative relationshipamong the City’s LGBT groups. He alsoplans to increase the social networking andCLE activities of the Committee.

Ms. Wang is the CommunicationsAssistant at the New York CountyLawyers’ Association.

Meet the Chairs

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October 2008 / The New York County Lawyer 9

By Jennifer Ni Wang

Three quarters of a century ago, onOctober 19, 1933, Congressman JamesBeck gave a lecture at NYCLA, “TheNature of Citizenship,” to a standing-room-only crowd of 350 NYCLA mem-bers. Minutes later, this speech wouldprompt the eventual naming of the audito-rium in which he was speaking as theAndrew Hamilton Hall. Beck, one ofNYCLA’s founders and a member of theBoard from 1914 to 1917, then rushed outof the building at 10:40 pm to catch a traindeparting from Grand Central Station.NYCLA’s then president, Charles A.Boston, took over and continued the meet-ing’s affairs.

Towards its conclusion, Boston com-mented:

“It occurred to me while [Beck]spoke, that it might be wise and desir-able for some munificently inclinedmember of our Association to see thata tablet in this hall is erected to thememory of Andrew Hamilton, thePhiladelphia lawyer, because he hadthe courage to come to the City of NewYork and defend Zenger in the accusa-tions that were made against him andfor his endeavor to protect the freedomof the press when two members of the

New York bar had been disbarred fordaring to do it, and it is a pleasantpiece of information that that man, alawyer, was the architect ofIndependence Hall in Philadelphiaand that this hall is sufficiently near itto justify some recollection sometimethat we, the people of New York, aswell as the people of the United States,owe a debt to the architect ofIndependence Hall….”

The president’s sentiments alluded to theresemblance of NYCLA’s assembly hall tothe main chamber of Independence Hall inPhiladelphia, a comparison that was fre-quently made in various descriptions fromthe 1930s. Designed by architect CassGilbert, Sr., NYCLA’s Auditorium is indeedreminiscent of the interior of Philadelphia’sIndependence Hall, where both the UnitedStates Declaration of Independence andConstitution were signed. In addition to theobvious significance of these two milestones,Independence Hall is also said to be partiallydesigned by the previously mentionedAndrew Hamilton, a “Philadelphia lawyer”whose reputation helped to coin the expres-sion. Hamilton volunteered his services with-out charge to represent New York WeeklyJournal editor John Peter Zenger in thefamous 1735 case, where Hamilton over-came the odds of appearing before

Governor William Crosby’s own judges towin a case that helped to establish truth as adefense of libel or defamation. More impor-tantly, the decision was the first notable caseof jury nullification in the United States.

Before the meeting’s adjournment,NYCLA member Harry Weinberger, whowould become a director of the Associationin 1934, moved to appoint a committee toraise funds from NYCLA members for atablet that would honor both the Zengertrial, Andrew Hamilton and the Home ofLaw. Weinberger declared, “…in New York,we often say, when we have a difficult prob-lem, that you must get a Philadelphia lawyerto solve it. The reason we have that impres-sion is because we had to go to Philadelphiato get Andrew Hamilton. I therefore moveyou that a Committee of three be appointedto undertake the raising of funds for theerection of a tablet in this hall.”

At a November 27 directors’ meeting, aspecial committee consisting of three mem-bers, one of whom was Weinberger, pro-posed the tablet text with the concludingsentence, “This tablet presented by Membersof the New York County Lawyers’Association, A.D. 1934.” Over a month later,on January 4, 1934, Weinberger unveiled andformally presented the tablet at theAssociation’s meeting. Weinberger again paidtribute to the Zenger trial, stating, “It is fit-

ting and proper in these times of stress andstorm, when fear walks the earth, for lawyerson an occasion like this, while honoring agreat fighter for liberty, to re-examine theguideposts of liberty and look at the old andappraise the new .… No finer cause did anylawyer ever have than this Zenger trial.”

On March 9, 1934, in a ceremony at theoriginal Independence Hall, NYCLA pre-sented the Philadelphia Bar with a replica ofthe tablet that was first bestowed at NYCLA.Today, in our Centennial year, NYCLA’sHamilton Hall remains the impressive site offora, receptions and meetings. Events thatare regularly held here, such as CLE pro-grams, Lunch with a Judge, access to justiceconferences and the Annual Meeting, affirmNYCLA’s continued dedication to issues anddebates in the legal community and beyond.

Today, sitting under the striking portrait ofWilliam Nelson Cromwell, NYCLA founder,honorary member and past president (1927-1930), is the Andrew Hamilton tablet thatWeinberger presented in 1934. Seventy-fiveyears later, NYCLA looks forward to mount-ing the portraits of its three women presi-dents in this grand chamber. The times haveclearly changed, but the spirit withinNYCLA’s Hamilton Hall remains the same.

Ms. Wang is the CommunicationsAssistant at the New York CountyLawyers’ Association.

Andrew Hamilton Hall: The Naming of NYCLA’s Auditorium

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October 2008 / The New York County Lawyer10

To make suggestions about book pur-chases, please contact Anna Smallen or DanJordan by email at [email protected] [email protected] or by phone at 212-267-6646, ext. 204.

Featured DatabasesALM VERDICTSEARCH JURY VER-

DICTS (ALMS-JV, ALM-XX-JV) is agroup of databases supplied to WESTLAWby American Lawyer Media that containsummaries of state and federal civil verdicts,settlements, judgments and arbitrationawards covering the period from 1996 to thepresent allowing access to California,Florida, Illinois, New Jersey, Pennsylvania,Texas and National Files individually or incombination. Kansas, Missouri, New York

and Ohio verdicts can be searched separate-ly. The data include party name, attorney,expert, jurisdiction and the amount of theverdict or award. Because of an agreementwith the publisher, this material is not avail-able for public access but the Library staffcan search it for you. We subscribe to theprint version of VERDICTSEARCHNEW YORK but the indexing makessearching laborious. The Library staff cansave you time and allow you to compare ver-dicts from several jurisdictions. Please con-tact us at [email protected] to order asearch.

Featured TitleHandling a Criminal Case in New

York, by Gary Muldoon, is a popular crim-inal law practice guide. It is written in a con-cise outline format that follows a case inNew York State from representation and theassigned-counsel system to extraordinaryremedies and appeals, with a chapter aboutjuvenile and youthful offenders. Mr.Muldoon is a partner at Muldoon and Getzand dean of the Academy of Law of theMonroe County Bar Association. The firstchapter is a “snapshot” of a criminal caseand includes useful websites. The chapter onmotion and hearing practice has a list ofcriminal hearings that shows when to useeach one, provides statutory authority andshows which party bears the burden of

proving the facts. Numerous checklists,practice pointers, charts, forms and casecitations are provided. There are subjectindices and forms with tables of cases andstatutory references and a CD-ROM, whichcan be found at NYCLA Library’s referencedesk. Federal criminal law is beyond thescope of this book.

New EditionsCollection Actions: Defending

Consumers and Their Assets, withcompanion website. (National ConsumerLaw Center). This volume contains chaptersabout consumer defenses to collection law-suits that were formerly in Fair DebtCollection. NYCLA’s reference librarianscan help you access the website.

Fair Debt Collection, 6th edition,with companion website. (NationalConsumer Law Center).

Federal Civil Judicial Procedureand Rules, 2008 revised edition.(Thomson West).

McKinney’s New York Law andthe Family, 2008 edition. (ThomsonWest).

New York Code of ProfessionalResponsibility, 2008 edition.(Thomson West).

New York DWI Defense Forms,2008 edition and CD-ROM. (Thomson

West).New York Post Mortem Estate-

Planning Checklists, 2008 edition.(Thomson West).

Newly UpdatedBender’s Forms of Discovery.

(LexisNexis Matthew Bender) Release no. 8.Complete Manual of Criminal

Forms, 3rd edition. (Thomson West)2008 Release.

Law of Trusts and Trustees.(Thomson West) 2008 Pocket Parts.

Consumer Class Actions. (NationalConsumer Law Center) 2008 Supplementwith companion website.

The Cost of Credit. (NationalConsumer Law Center) 2008 Supplementwith companion website.

New York Collections, 2nd edition.(Thomson West) 2008 Release.

New York Practice Guide:Domestic Relations. (LexisNexisMatthew Bender) Release no. 20.

New York Trial Guide. (LexisNexisMatthew Bender) Release no. 8.

Recovery for Wrongful Death andInjury, 4th edition. (Thomson West)2008 Supplement.

Scott & Asher on Trusts. (Wolters

NYCLA Job PostingsNYCLA members can register online to receive new job postings by email.To register, log in at www.nycla.org and click on Jobs in the Members-Only section.

You will automatically receive new job listings for 30 days. Members can easily extendor discontinue this free service. NYCLA will also post your job openings at no cost.Please send information electronically (PDF preferred) to [email protected].

For more information, call Cindy at 212-267-6646, ext. 209.

Attorneys’ Guide to Civil Practice inthe New York County Supreme Court

The 13th edition of the Guide is now available! You can view the Table of Contents at www.nycla.org (scroll down the homepage to

News-June 13, 2008). An order form is enclosed in this issue.For more information, please call Cindy Fragliossi at 212-267-6646, ext. 209 or email

[email protected].

(See Library Notes, Page 15)

L I B R A R Y N O T E S

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On September 25, NYCLA hosted its annualPublic Service Awards Reception, which recog-nized seven attorneys who work in the publicsector. In addition, NYCLA’s Criminal JusticeSection presented a $2,000 stipend to each of thetwo winners of its Public Service FellowshipEssay Contest – Eric Rosen, assistant districtattorney, Manhattan District Attorney’s Office,and Monyca White, staff attorney, The Legal AidSociety of New York. This year’s essay topic was:The Sealing of Criminal Convictions: Should theSystem Ever Forgive and Forget? Below are thewinning essays.

Essay #1, by Eric RosenThe punishment meted

out by the criminal justicesystem does not end once aperson has been convictedof a crime and served hissentence. Rather, it is wellknown that there are manycollateral consequences thatcome with a criminal convic-tion. Chief among theseconsequences is the fact that many of the insti-tutions that serve to help a convict reintegrateinto society, including potential employers, futurelandlords and even loan officers and insurancecompanies, can access a convict’s records andlearn of his past crimes. Needless to say, uponthe discovery of a criminal record, employers willbe less likely to give a convict a job, a landlordwill be less likely to rent a convict an apartmentand a bank will be less likely to lend a convictmoney. It is these very obstacles that can drive aconvict to re-offend and re-enter the criminaljustice system. Clearly, this should not be theobjective of our penal system. Not only does itkeep convicts trapped within the “revolvingdoor” of the criminal world, but it forces thestate to spend precious tax dollars on buildingmore and more jails and prisons.

However, balanced against this state interest inhelping convicts reintegrate into society is thelegitimate need to protect society from potential-ly violent and harmful people who may have apropensity to re-offend. The availability of crim-inal records to employers and landlords servesthis interest quite well. Simply put, a person witha history of driving while intoxicated should notbe allowed to get a job as a bus driver nor shoulda person with a history of sexual offenses behired by a school district. The use of criminalrecords for this purpose is quite valuable andsuch records should be readily available to thoseguarding against these potential dangers.

From the above analysis, it is apparent thatthere are two competing state interests: the inter-est in helping convicts reintegrate and becomeproductive members of society and the interestin protecting society against those who haveshown the willingness to cause great harm. Putdifferently, society will not benefit if all criminalrecords are sealed and, conversely, society willnot benefit if all criminal records are left open topublic view. This leads us to a compromise solu-tion as proposed below.

In that regard, there is little need to protect thepublic from those who commit petty, non-crimi-nal offenses such as unlicensed general vending,disorderly conduct or the possession of smallamounts of marijuana. This is especially truewhen, after conviction, an individual succeeds incommitting no other crimes for a significant peri-od of time. Thus, for these “minor” types ofoffenses where a convict has not caused any sig-nificant societal harm and has, in fact, tried torehabilitate himself by not committing addition-al crimes, criminal records should be sealed with-in a few years after the crime is committed.

On the other side of the spectrum are the vio-lent crimes, those that the Legislature hasdeemed Class A and B felonies, and those thatdemonstrate that the convict has a great capacityto cause serious harm to others. These crimesinclude rape, murder, kidnapping and sexualassault, among others. Here, the need to protectsociety from these violent convicts is paramount.And while each convict who has served his sen-tence should be provided with the tools to rein-tegrate himself into society, reintegration cannotcome at the expense of providing safe streets anda safe environment to others. Hence, for thisreason, those who commit offenses of the great-est magnitude should never be allowed to have

their records sealed.The aforementioned crimes are the easiest

examples. What is more difficult is creating flex-ible rules for sealing records for those offenderswho have committed crimes that fall between themost violent and the most petty. A felony/mis-demeanor distinction would not be appropriate.There is little reason to seal the records of some-one convicted of third-degree assault, a misde-meanor, while keeping unsealed the records ofsomeone convicted of stealing a credit card, aclass E felony. Society is better protected byinforming the public of those who exhibit apredilection for violence than it is by informingthe public of those who might have committed asimple theft.

Instead, for crimes that are neither the mostheinous nor the most petty, criminal recordsshould be sealed when a convict has shown awillingness to abide by the dictates of society, i.e.,when an offender has served his punishment andhas not been convicted of other offenses. Forexample, a convict should remain “offense-free”for five years before a drug charge is sealed, whilesomeone who is convicted of a crime involvingviolence must wait 10 or 15 years before hisrecord is sealed. By forcing the convict to remaintethered to his record for a period of time, soci-ety preserves its interest in protecting itself, whilealso providing the convict with potential forrelief further down the road.

In sum, there is little question that sealingcriminal records will help a convict reintegrateinto society. But there is also the need for socie-ty to protect itself against future harm. In bal-ancing these interests, it is readily apparent thatthe creation of a sliding scale, in which the mostviolent get no relief while the least violent getalmost immediate relief, best serves these com-peting dictates.

Essay #2, by Monyca WhiteWe are taught that the law is not personal, not

passionate. As attorneys,we are to believe that weare zealous advocates in asystem full of objectivity.We are led to believe thatthe legal foundation of ourinstitutions is derived notfrom subjective morals butfrom procedural processes.However, as Pulitzer Prize-winning writer Ron Suskind notes, “[d]ig deeplyenough and it becomes clear that the great pub-lic institutions, and the law itself, are actually builton the most intimate of human qualities. . . hon-esty and forgiveness.” The criminal justice systemis built on the difficult balance between these twohuman qualities. On the one hand, the criminaljustice system strives for forgiveness. It is for thisreason that juveniles are treated differently thanadults for certain offenses and the incarceratedare freed before completing the entirety of theirsentence. On the other hand is honesty. Thecriminal justice system seeks to ensure honestyby making criminal convictions public recordsand, although not considered punitive in nature,requiring certain sex offenders to publicly regis-ter. The sealing of criminal convictions fitssquarely between these two core values of hon-esty and forgiveness. By crafting a policy of seal-ing certain convictions, the criminal justice sys-tem can promote the two core values of honestyand forgiveness that are embodied within the law.This policy should include some circumstancesin which the conviction should be automaticallysealed, some circumstances in which the convic-tion should never be sealed and a middle areathat would require additional analysis.

There are some circumstances in which theconviction should automatically be sealed after aperiod of time without a further criminal convic-tion. The period of time should vary dependingon the degree of the crime, for example, fiveyears after the completion of a sentence for amisdemeanor and ten years after the completionof a sentence for a felony. The conviction thatshould automatically be sealed should includethose crimes that are viewed as victimless offens-es or “quality of life crimes.” Included in thisgroup would be offenses such as petit larceny,possession of marijuana or controlled sub-stances, misdemeanor possession of a weapon,theft of services, misdemeanor vehicle and traf-fic law (V.T.L.) offenses and violating parking

regulations. Youthful offender adjudicationswould also be subject to automatic sealing afterthe designated time periods. These offensesshould be sealed because society’s interest in for-giveness outweighs the societal interest in track-ing criminal convictions and enhancing sentencesfor further criminal conditions is outweighed bythe interest in forgiving those who have commit-ted minor offenses, completed their sentencesuccessfully and refrained from committing fur-ther crimes.

There are some circumstances in which theconviction should never be sealed. This wouldinclude violent crimes, sex crimes, and crimesagainst children and other vulnerable membersof society. These convictions should not besealed because society’s interest in public safetyand punishing offenders fairly must allow for therecognition of prior criminal convictions of acertain type. For example, it would be a disserv-ice to society to seal a crime against children sothat an employer, such as a school or an agencyscreening foster care applicants, cannot gathercomplete information about such applicants.

Finally, there is a category of convictions inwhich an analysis should be made before deter-mining whether sealing is appropriate. Thesecrimes would include felony drug crimes, posses-sion of a firearm, grand larceny, criminal con-tempt, forgery and identity theft.

In these cases, a person could apply for seal-ing after the waiting period described above.The court would undergo an analysis similar tothe analysis for a dismissal in the interest of jus-tice (C.P.L. § 210.40). The factors the courtwould consider include: (1) the severity and cir-cumstances of the original crime, (2) the extentof harm caused by the original crime, (3) the his-tory, character and condition of the defendant,including what the defendant had accomplishedsince completing his sentence, (4) the purposeand effect of denying sealing of the defendant’s

criminal conviction, (5) the impact of sealingupon the confidence of the public in the crimi-nal justice system, (6) the impact of sealing onthe safety or welfare of the community, (7)where relevant and appropriate, the attitude orrecommendation of the complainant or victimof the original crime, and (8) any other relevantinformation as the court sees appropriate.

Sealing would also replace the need for theCertificate of Relief from Civil Disabilities, setforth in Corrections Law Article 23. This mayreduce arbitrariness and disparities between theimplementation of such relief by the court at thetime of sentencing and by the State Board ofParole upon release, as is currently permitted bythe Correction Law. By delineating a list of offens-es that will automatically be sealed, those that willnever be sealed and the time period for sealing, adefendant will know at the time of his plea or sen-tence the likelihood that the offense may eventual-ly be removed from his criminal history. Underthis proposal, the sealing of criminal convictionswill be conducted by the court, thus preventingproblems that have arisen in recent cases in whichpost-release supervision was imposed by the ParoleBoard, which put the potentially punitive act ofmaking a criminal record permanent in the handsof the judicial branch.

Despite attempts to prevent this, the legal sys-tem is based on the two fundamental humanqualities of forgiveness and honesty. The legalsystem struggles to balance these two oftentimescompeting principles. Nothing embodies thisstruggle more than the debate over whether aconviction should be sealed or made a perma-nent part of the convicted person’s publicrecord. By adopting a policy that seals some con-victions after a period of time but does not sealthe convictions for the most heinous of offens-es, the criminal justice system can serve as aguidepost to the legal system as a whole as itworks to balance honesty and forgiveness.

October 2008 / The New York County Lawyer 11

Criminal Justice Section’s Public ServiceFellowship Essay Contest

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The acronym EMIPS has often caused con-fusion for new NYCLA and EMIPS mem-bers themselves. EMIPS stands for theEntertainment, Media, Intellectual Propertyand Sports Law Section. Although EMIPSoperates as one section at NYCLA, it is com-posed of several committees that address sep-arate jurisdictions within the Section:Entertainment and Media, IntellectualProperty and Sports Law. Each committeecontributes greatly to the overall calendar ofEMIPS and schedules monthly meetings inspecific practice areas.

Although EMIPS is well known for its fabu-lous cocktail events, the vast majority of itswork focuses on educating the legal commu-nity and the public on a variety of topics, suchas best practices in intellectual property, filmfinancing, record deals, theater production,sports and new media law. Previous chairs orco-chairs of the EMIPS Section have been (inchronological order): Steven Masur, MichaelSchein, Stephen Filler, Raymond Dowd,Roger Quinland, Martin Novar and ArielTaitz. The current EMIPS chair is OliveraMedenica of Wahab & Medenica LLC.

October 2008 / The New York County Lawyer12

On Wednesday, October 15, NYCLA’sWomen’s Rights Committee will co-sponsora forum presented by the Women’s CityClub (WCC), “What if Roe v. Wade Fell?Implications for New York State” that willtake place at the Hunter College School ofSocial Work, 129 East 79th Street (atLexington Avenue), 10th floor, Room 1010beginning at 6:00 PM. (A networking andsocial half hour will take place from 5:30-6:00 PM.)

Event speakers are: Hon. Liz Krueger,New York State Senator and member ofthe Women’s City Club; Donna Lieberman,executive director of the New York CivilLiberties Union; and Katherine Grainger,vice president for Public Policy at NARAL-Pro Choice New York.

There is perhaps no political issue morevolatile in the United States than abortionand no Supreme Court ruling that has been

under more constant attack than Roe v.Wade. State laws have been enacted torestrict abortion, Congress has passed thefirst-ever ban on abortion procedures andanti-choice forces are waiting for theSupreme Court to overturn Roe. If thiswere to happen, what would this mean forwomen in general and women in New YorkState specifically? Would women be at riskof losing the right to choose? Would NewYork State need new legislation?

The event is free for members ofWomen’s City Club, students and mediawith I.D.; tickets cost $15 for non-membersof WCC. Advanced registration is request-ed; please call 212-353-8070, ext. 204 toregister.

In addition to NYCLA’s Women’s RightsCommittee, event co-sponsors are NARALPro-Choice/NY, Public Health Associationof NYC and The Transition Network.

Women’s Rights Committeeto Co-Sponsor Program

on Roe v. Wade

A Look at NYCLA’sEMIPS Section

T. David BomzerAssociate Day Pitney LLP

Eric Garcia Attorney LawOffices of Eric A. Garcia

Chair of Sports LawCommittee:Paul HabermanAssociate Heidell, Pittoni,Murphy & Bach, LLP

The current EMIPS chair isOlivera Medenica of Wahab & Medenica LLC.

Roberta KrausAssistant General CounselVivaro Corporation

NYCLA Issues Ethics Opinion739 on Specialized CounselCharging Fees for Services

NYCLA’s Professional Ethics Committeerecently issued Opinion 739, which con-cludes that it is ethical for a plaintiff ’s per-sonal injury lawyer to retain specializedcounsel to negotiate a client’s Medicare,Medicaid or private health care lien andcharge the fee for those services as a dis-bursement against the settlement.

Traditionally, such liens were negotiatedby a personal injury attorney as part of theservices rendered in exchange for a contin-gency fee. However, the increasingly com-plex laws governing these liens have led tothe development of specialized firms thatnegotiate said liens for a fee.

As stated in the opinion, a lawyer seekingto charge a fee for services as a disburse-ment must: (a) agree in a written retaineragreement at the outset of the representa-

tion that the attorney may do so; (b) pass onthe charges (that must be reasonable) to theclient at cost; (c) assure that the transactionresults in a net benefit to the client on eachlien negotiated; (d) also assure that thetransaction complies with all principles ofsubstantive law, including the fee limitationson contingent fees in the New YorkJudiciary Law and Appellate Division rules;and (e) retain responsibility for the overallwork product.

The NYCLA Professional EthicsCommittee is the oldest bar associationethics committee in the country and was thefirst to issue written ethics opinions. Todownload Ethics Opinion 739 and all otherNYCLA ethics opinions, go towww.nycla.org and click on News &Publications and then on Ethics Opinions.

July 22, 2008 – NEW YORK, NY –NYCLA’s Executive Committee has adopt-ed the Report on the Uniform PrudentManagement of Institutional Funds Act,prepared by NYCLA’s Non-ProfitOrganizations Committee. The report hasbeen sent to the New York State BarAssociation for consideration by the Houseof Delegates.

August 7, 2008 – NEW YORK, NY –NYCLA’s Professional Ethics Committeehas issued Opinion 739, which concludesthat it is ethical for a plaintiff ’s personalinjury lawyer to retain specialized counsel tonegotiate a client’s Medicare, Medicaid orprivate health care lien and charge the feefor those services as a disbursement againstthe settlement. (For more information,refer to the article above.)

August 11, 2008 – NEW YORK, NY– The American Bar Association House ofDelegates has adopted a resolution pro-posed by NYCLA to assist unrepresentedlitigants in civil cases, citing the NYCLA

report, “Best Practices for Judges in theSettlement and Trial of Cases InvolvingUnrepresented Litigants in Housing Court.(For more information, refer to the front-page article.)

September 8, 2008 – NEW YORK,NY – NYCLA’s Board of Directors hasadopted the Report and Recommendationson the Housing Court prepared by theHousing Court Subcommittee of the TaskForce on Judicial Selection, co-chaired byHon. Margaret J. Finerty and Susan B.Lindenauer. Paula Galowitz chaired theSubcommittee. The report proposes a num-ber of reforms and revisions designed tobetter enable the Advisory Council and theHousing Court to perform their criticalroles for the residents of New York City.

To read statements, reports, ami-cus briefs, letters and other docu-ments related to NYCLA’s publicpolicy initiatives, go towww.nycla.org and click on News& Publications.

Public PolicyDevelopments

If you are interested in joining EMIPS, log on to NYCLA’s members-only section atwww.nycla.org and click on Join a Committee.

Jennifer KlearAssociate Gibbons P.C.

Chairs of IntellectualProperty Law Committee:

Chairs of Entertainment &Media Committee:

DIANA C. GIANTURCOATTORNEY AT LAW

P.O. BOX 419LONG BEACH, NY 11561

Tel: 888-805-8282Fax: 516-706-1275

APPEARANCES IN QUEENS COUNTY

E-mail: [email protected]

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October 2008 / The New York County Lawyer 13

By Jennifer Ni Wang

On July 30, NYCLA’s Criminal JusticeSection hosted Intern Night for summerinterns interested in receiving firsthandguidance from seasoned professionalsworking in the New York City criminal jus-tice system. Michael J. Yavinsky, co-chair ofthe Criminal Justice Section and ChiefCourt Attorney of the New York CityCriminal Court, intended for the event “togive summer interns in the criminal justicesystem a forum where they can ask ques-tions and obtain career advice from practi-tioners who will provide more practicalanswers than any placement office in a law

school.” This goal was met, with Mr.Yavinsky and Section Co-Chair and solopractitioner Darin B. Wizenberg (picturedat right, second from left) leading the groupin an open and enthusiastic discussion,addressing topics ranging from questionsconcerning law school to their experiencesin the courtroom. Mr. Wizenberg latercommented, “The dynamic between someof NYCLA’s ‘elder statesmen’ and theinterns produced a riveting discussion thatlasted hours. It was a sign of wonderfulthings to come.”

Ms. Wang is the CommunicationsAssistant at the New York CountyLawyers’ Association.

Summer Interns and Experienced Lawyers Meet at Criminal Justice Section’s Intern Night

Substance Abuse HotlineAttorneys, judges, law students and members of their immedi-

ate families can get confidential help with alcohol or substance-abuse problems 24 hours a day, seven days a week, by calling thetoll-free hotline 800-255-0569.

October 1-15Don Savatta212-983-6000

October 16-31Lameke Cannon212-307-5500

November 1-15Stacy Kerns212-527-7721November 16-30Malvina Nathanson212-608-6771

Questions to the Hotline are limited to aninquiring attorney’s prospective conduct. TheHotline does not answer questions regardingpast conduct, the conduct of other attorneys,questions that are being litigated or before adisciplinary committee or ethics committee,or questions of law. This notation shall notbe construed to contain all Hotline guidelines.For a full discussion of Ethics Hotline guide-lines, please see “Guidelines on NYCLA’sEthics Hotline,” September 2006, New YorkCounty Lawyer, Vol. 2, No. 7.

Ethics Hotline

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October 2008 / The New York County Lawyer14

On July 28, NYCLA’s Women’s RightsCommittee hosted a book-signing eventfor Hon. Carolyn B. Maloney, U.S. con-gresswoman and nationally recognizedadvocate for women’s rights and familyissues, at the Home of Law. The event wasvideotaped by C-SPAN 2’s Book TV, acable program that appears every weekend,from Saturday, 8:00 AM to Monday, 8:00AM, featuring lectures and book-signingevents presented by authors of nonfictionworks.

Congresswoman Maloney is the authorof the recently published book, Rumors

of Our Progress Have Been GreatlyExaggerated: Why Women’s LivesAren’t Getting Any Easier and HowWe Can Make Real Progress forOurselves and Our Daughters, whichtells inspirational stories of those who aremaking a difference in the advancement ofwomen’s rights—and provides a “Take-Action Guide,” highlighting what readerscan do to move progress along in their owncommunities.

As former co-chair of the Women’sCaucus, Congresswoman Maloney hasaccess to a wealth of cutting-edge data.

Women’s Rights Committee Hosts BookSigning with Hon. Carolyn B. Maloney

From left to right: Ann B. Lesk, NYCLA President; Congresswoman Maloney; Molly E. O’Rourke,Cadwalader, Wickersham & Taft LLP, co-chair, Women’s Rights Committee; and Susan L. Harper,Baritz & Colman LLP, event chair and co-chair, Women’s Rights Committee.

Musicians from MarlboroNYCLA members are invited to the 44th season of Musicians from Marlboro, held at the

Metropolitan Museum of Art at Fifth Avenue and 81st Street on Friday, December 12 at 8:00PM. Tickets under this offer are $25 (normally $40) and include free admission to the Museum.You are also invited to a free wine-and-cheese reception with the artists after the concert, tobe held at the Goethe Institute at 1014 Fifth Avenue (across the street from the MetropolitanMuseum). To take advantage of this discounted ticket offer, please contact Tessa Chermiset at212-581-5197, ext. 12 or at [email protected] and provide your NYCLA IDnumber.

Janacek - String Quartet No. 1 (“Kreutzer Sonata”)Mozart - String Quintet in E flat Major, K. 614Mendelssohn - Octet in E flat Major, Opus 20

Save the Dates! The final two concerts this season will be held on February 20, 2009 andMay 1, 2009.

Her book exposes the myth that womenhave achieved equal status with men inAmerican society. Why, CongresswomanMaloney asks, are women still getting paidonly a little more than three-quarters ofwhat men are being paid? In addition towage discrimination and paycheck fairness,Congresswoman Maloney’s book address-es how discrimination still exists foremployees today – whether blue collar, on

Wall Street, in business, law and academe. NYCLA’s Law and Literature

Committee co-sponsored the event.To read Congresswoman Maloney’s

remarks, go to www.nycla.org and click onNews & Publications and then onSpeeches. Book TV book-signing eventsare often available on You Tube; please goto: www.youtube.com/booktv for moreinformation.

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served as section secretary to the CriminalJustice Section and participated in a widerange of discussions during section meet-ings. “Working with distinguished judgesand attorneys was an excellent opportunityfor me to learn more about criminal law, aswell as the practical aspects of being anattorney, from both the prosecution anddefense sides,” said Elyssa. “The most valu-able experience for me was the networkingopportunities. Any chance I got, I madesure to sign up for events and speak withattorneys about what they did. NYCLAmembers are friendly and approachable anddid whatever they could to help me out,whether it was offering general career adviceor helping me select a class.” She continued,“There was always open and frank discus-sion about the positives and negatives inspecific practice areas, which, I felt, gave mea well-balanced perspective of what it’s liketo practice criminal law, which is the areathat I’d like to pursue.”

Andrew Pruitt, a second-year law stu-dent, is entering his second year as the hon-orary co-chair of the Foreign andInternational Law Committee. He said, “I

assisted the chair in planning, organizingand obtaining CLE credit for committeeevents. I worked with lawyers who areactive in the legal community and commit-ted to excellence in their field. I especiallyenjoyed learning about the communityservice aspect of the legal profession.”

As honorary co-chair of theConstruction Law Committee, first-yearlaw student Jonharold Cicero wrote thefirst draft of NYCLA’s Task Force onJudicial Selection report on the New YorkState Bar Association’s proposed code ofethics for administrative law judges. Healso participated in drafting a ConstructionLaw Committee report dealing with a pro-posal to amend the charter to reorganizethe Department of Buildings. “Jonharoldand I also worked collaboratively on sched-uling meetings, coordinating speakers andpreparing meeting minutes,” explainedCarol Sigmond, chair of the ConstructionLaw Committee. She added, “He is a terrif-ic young man with a bright future ahead ofhim.”

Another first-year law student, JessicaNitsche, served as honorary co-chair of theNon-Profit Organizations Committee. “Iattended committee meetings and conduct-ed research with members on a report onthe Uniform Prudent Management of

Institutional Funds Act,” she said.

Final Thoughts“Thanks to my participation in this pro-

gram, I have been able to apply the con-cepts that I learned in my classes to the rel-evant and timely issues of concern to thelegal community,” said Mr. Pruitt. “Iworked collaboratively with lawyers prac-ticing in an area in which I am interested,”said Ms. Nitsche, “and, during the report-

writing process, I honed my researchskills.” Ms. Sims added, “This programprovides law students with access to a net-work of legal professionals that is unparal-leled. Students gain an insider’s view of awide range of practice areas, which theywould not get from just attending class orworking for a firm. In addition,” she con-cluded, “NYCLA is an excellent resourcefor job opportunities, volunteer work andlegal information.”

October 2008 / The New York County Lawyer 15

Law Student Network(Continued From Page 7)

Confronting Criminal AttorneysProgram Chairs: Pery Krinsky,

Law Offices of Michael S. Ross; MichaelS. Ross, Law Offices of Michael S. Ross;Hon. Laura Ward, Criminal Court ofNew York City

Faculty: To be announcedDecember 8: Learning Legal

Ethics from New York DisciplinaryProceedings

Faculty: Richard Abel, Michael J.Connell Professor of Law at UCLA and vis-iting professor of law at FordhamUniversity; author, Lawyers in the Dock:

Learning from Attorney DisciplinaryProceedings (Oxford University Press,2008), which presents detailed case studiesof six New York lawyers disciplined forneglect, overcharging or excessive zeal.

The programs presented at the EthicsInstitute will be videotaped. The contentwill not only be offered as part of NYCLA’sAudio Reference Library of CDs andDVDs, but it will also be part of theAssociation’s online course offerings onLawline.com (www.lawline.com). Further,plans are underway for the Ethics Instituteto publish monthly articles in the NYCLAnewspaper and in an ethics journal.

Mr. Tesser, Tesser, Ryan &Rochman, LLP, is the Director ofNYCLA’s Ethics Institute.

Ethics Institute (Continued From Page 1)

Early Registration Fee (on orbefore 10/19) Member: $70 Non-Member: $95Registration Fee: (10/20-21)Member: $95 Non-Member: $120

Member: $95Non-Member: $120

Thursday, October 236:00 – 9:00PMINTERNATIONAL COPYRIGHT:WHAT THE U.S. PRACTITIONERNEEDS TO KNOW3 MCLE Credits: 1 Skills; 2 ProfessionalPractice; Transitional and Non-TransitionalEarly Registration Fee: (on orbefore 10/21)Member: $125 Non-Member: $165Registration Fee: (10/22 – 10/23)Member: $150Non-Member: $190

Friday, October 249:00AM - 5:00PMMASTERS IN TRIAL: STATEMENTSTO JURY DELIBERATIONS7.5 MCLE Credits: 1 Ethics; 5 Skills; 1.5Professional Practice; Transitional andNon-TransitionalEarly Registration Fee: (on or

before 10/22)Member: $280 Non-Member: $380Registration Fee: (10/23 – 10/24)Member: $305Non-Member: $405

Tuesday, October 28 6:00 –9:00PMLITIGATION IMPLICATIONS OF THESUBPRIME MORTGAGE CRISIS3 MCLE Credits: 3 Professional Practice;Transitional and Non-TransitionalEarly Registration Fee: (on orbefore 10/26)Member: $125 Non-Member: $165Registration Fee: (10/27 – 10/28)Member: $150Non-Member: $190

Wednesday, October 29 6:00 -8:00PMNYCLA ETHICS INSTITUTE,PROGRAM 1: CONFRONTINGETHICAL ISSUES ARISING DURINGLITIGATION 3 MCLE Credits: 3 Ethics; Transitional andNon-TransitionalEarly Registration Fee: (on orbefore 10/27)Member: $125 Non-Member: $165Registration Fee: (10/28 – 10/29)Member: $150Non-Member: $190

CLE Programs (Continued From Page 5)

Date of filing: Sept. 18, 2008Title of publication: New York County LawyerFrequency of publication: Monthly, exceptFebruary and AugustLocation of known office of publication: 14Vesey Street, New York, NY 10007-2992Location of headquarters or general businessof publishers: 149 Main Street, Huntington,NY 11743Name of Publisher: Long Islander, LLC, 149Main Street, Huntington, NY 11743Editor: Anita Aboulafia, 14 Vesey Street, NewYork, NY 10007-2992Managing Editor: Marilyn J. Flood, 14 VeseyStreet, New York, NY 10007-2992The owner is: New York County Lawyers’Association, 14 Vesey Street, New York, NY10007-2992Average No. of Copies Each Issue During thePreceding 12 Months: Total No. Copies Printed (Net Press Run):10,110Paid In-County Circulation: Mail Periodicals

Subscription: 9,375Total Paid Circulation: 9,375Free Distribution (including Samples) by Mail,Carrier or Other Means: 641Copies Not Distributed: 94Total Distribution (Sum of C &F): 10,110;Total Equals Net Press Run Shown in A

No. Copies of Single Issues PublishedNearest to Filing Date (Sept. 2008)Total No. Copies Printed (Net Press Run):10,300Paid In-County Circulation: Mail PeriodicalsSubscription: 9,899Total Paid Circulation: 9,899Free Distribution (including Samples) Carrieror Other Means: 300Copies Not Distributed: 101Total Equals Net Press Run Shown in A:10,300

I certify that the statements made by meabove are correct and complete. AnitaAboulafia 9/18/08

STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION

(Act of Oct. 23, 1974: Section 4360, Title 39. United States Code)

Kluwer Aspen Publishers) 2008Supplement.

Warren’s Heaton Surrogates’Courts. (LexisNexis Matthew Bender)Release no. 99.

PeriodicalsChanging Social Norms and CEO Pay:

The Role of Norms Entrepreneurs.Rutgers Law Journal, vol. 39 no. 16 (Fall2007).

Choosing Interpretive Methods: APositive Theory of Judges and EveryoneElse. New York University LawReview, vol. 83 no. 3 (June 2008).

Symposium: The Sixth Conference onLaw and Philosophy: The Work of MarkTushnet. QLR, vol. 28 no. 3 (2008).

“There’s Danger Here, Cherie!”; Liabilityfor the Promotion and Marketing of Drugsand Medical Devices for Off-Label Uses.Brooklyn Law Review, vol. 73 no. 4(Summer 2008).

ELECTRONIC RESEARCHCENTER CLE TECH COURSES

October

Tuesday, October 71:30-2:30PMWESTLAW: BANKRUPTCY 1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Tuesday, October 73:00-4:00PMWESTLAW: ADVANCED1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, October 810:30-11:30AM

LEXIS: NEWS & PUBLIC RECORDS1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, October 812:00-1:00PMLEXIS: TRUSTS & ESTATES1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, October 81:30-2:30PMLEXIS: SECURITIES1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday October 1510:00AM-12:30PMBANKRUPTCY COURT ELECTRONICCASE FILING SYSTEM2.5 MCLE Credits: 2.5 Skills; TransitionalMember: $65 Non-Member: $85 Non-legalStaff: $35

Thursday, October 1611:00AM-12:15PMBLOOMBERG PROFESSIONAL:INTRODUCTORY CLASS 1.5 MCLE Credits: 1 Skills; .5 Law PracticeManagement; TransitionalMember: FreeNon-Member: Free

Friday, October 2410:00-11:00AMWESTLAW: BASIC1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Friday, October 2411:30AM-12:30PM

WESTLAW: ENTERTAINMENT LAW1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Library Notes(Continued From Page 10)

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October 2008 / The New York County Lawyer16

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The official publication ofthe Queens County BarAssociation. Publishedmonthly from October toMay. Annual Directorypublished in January.

The official membershippublication of theBrooklyn Bar Association.The Brooklyn Barrister ispublished monthly exceptfor August and December.

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