In the fall of 2008, NYCLA’s Board ofDirectors approved the establishment of anEthics Institute to act as an umbrella entityfor NYCLA’s ethics activities. TheInstitute was also charged with:

• Serving as a liaison to the ethics-relat-ed committees of other bar associa-tions;

• Enhancing the ethical components ofcontinuing legal education program-ming;

• Providing advice to NYCLA regardingthe positions it should take on mattersof ethics and professional responsibil-ity; and

• Promoting publication opportunitiesfor NYCLA and the members of theEthics Institute’s Board of Advisors.

I am grateful for the dedication and hardwork of Lewis Tesser, director of theNYCLA Ethics Institute, Bari Chase, CLEdirector, and the members of the EthicsInstitute’s Board of Advisors, comprisingjudges, academics, disciplinary committeemembers and practitioners, all of whomhave contributed to the Institute’s success.

Umbrella to NYCLA CommitteesThe Ethics Institute serves as an umbrel-

la entity to the following NYCLA commit-tees:

• Task Force on ProfessionalismIn January, NYCLA issued the Task

Force on Professionalism’s Report,which identified the issues and con-cerns relating to professionalism andethical behavior of members of thelegal profession and recommendedsolutions. As the Report notes, “Onepredominant theme was an expressedneed and desire for mentoring. Thisneed appeared to exist not only amongthose in small or individual practicesbut also among larger firms or institu-tions, whose formal mentoring pro-grams were sometimes felt to be lack-ing or potentially compromised by theemployer/ employee relationship." TheReport recommended that NYCLAinstitute a mentoring program.

A sub-committee of the Task Forceand CLE Institute developed a PilotMentoring Program that pairs sea-soned attorneys with mentees. Theprogram launched in January of thisyear and provides participants withCLE credits through their activeinvolvement in educational programs.Additionally, mentors are meetingwith their mentees in person, via

phone and by email on an as-neededbasis. This summer, mentors andmentees gathered at a Staten IslandYankees game for a social evening tocement previous relationships and fos-ter new ones. Based on feedbackreceived from participant surveys,plans are currently underway to insti-tutionalize the program beyond thepilot stage in early 2011. The TaskForce’s new chair, Ronald C. Minkoff,said, “I look forward to expanding thementoring program as well as explor-ing professionalism initiatives inwhich NYCLA works with local lawschools on bar admission and charac-ter and fitness issues.”

• Professional Discipline CommitteeDuring the past year, the Committeehas been studying the appropriatenessand feasibility of performing pre-licensure criminal background checkson applicants for admission to the barand the comparative penalties and set-tlement options among the variousstate agencies regulating professionallicensure.

• Professional Ethics CommitteeThe Committee responds to hotlinecalls regarding ethical questions andissues ethics opinions. Recent opin-ions are: Ethics Opinion 740 - Use ofthe title “partner” in connection withlaw firm practice; Ethics Opinion 741-Lawyer learns after the fact that aclient has lied about a material issue ina civil deposition; and Ethics Opinion742 - The practice of limited scope

The New York County Lawyers’ Association’s (NYCLA) 96th

Annual Dinner celebrating diversity in the legal profession will beheld on Tuesday, December 14 in the Grand Ballroom of theWaldorf Astoria Hotel. The NYCLA Diversity Award will begiven to Roderick A. Palmore, Executive Vice President andGeneral Counsel, General Mills, Inc., who wrote “A Call toAction, Diversity in the Legal Profession,” urging GeneralCounsel to drive diversity by demanding results in the law firmswith which they work, as well as in their departments. NYCLA’sWilliam Nelson Cromwell Award will be given to George W.Madison, General Counsel, U.S. Department of the Treasury, andthe Boris Kostelanetz President’s Medal will be presented toNYCLA Past President Catherine A. Christian, Counsel forSpecial Projects, Office of Special Narcotics Prosecutor, NewYork County District Attorney’s Office. The Dinner, a black-tieevent, begins with cocktails at 6:30 PM, followed by dinner and a

program. Dinner co-chairs are Michele Coleman Mayes, SeniorVice President and General Counsel, Allstate InsuranceCompany, and former NYCLA President Robert L. Haig.

N E W Y O R K

COUNTY LAWYERI N S I D E

Pro Bono Training Opportunityon October 28 Pg. 2

November 10 Public Forum:Collateral Consequences ofConvictions – Post-ConvictionRelief from Disabilities andDeportation Warnings Pg. 2

Message from Stewart D.Aaron, President of the NYCLAFoundation Pg. 3

November 16 MembershipProgram: So You Want to Be aWriter? Pg. 6

October 2010 Visit us at www.nycla.org Volume 6 / Number 8

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

Arbitrators and Mediators Needed for Attorney-Client Fee Dispute Program .........13

Big Brothers Big Sisters of NYC Event.............5Book Review: Following Polly ..........................6Book Review: Truth Be Veiled...........................7CLE Programs ..................................................14CLE Tech Programs .........................................12Diversity Award .................................................5Diversity Statement Signatories .......................11Ethics Hotline .....................................................3Events Calendar..................................................2How Partners Can Train Associates...................6Library Notes......................................................7Member Benefit: RPost ....................................13Member News ....................................................6Message from the Director of the CLE Institute4Message from the President ...............................1Message from the President

of the NYCLA Foundation ............................3Metropolitan Museum’s Concerts and Lectures 9New York County Criminal Courts Manual.....13New York Rules of Professional Conduct

Published ......................................................10NYCLA’s 96th Annual Dinner ..........................1NYCLA’s First Annual Film Festival................8NYCLA Welcomes South Asian Bar

Association of NY..........................................8Practice of Law Series......................................15Pro Bono Opportunity ........................................2Public Policy Developments ..............................6Recent Events .....................................................9Substance Abuse Hotline....................................5So, You Want to be a Writer? ............................6Update on Indigent Defense Case ......................4

Update on the NYCLA Ethics Institute

(See Message From President on Page 12)

NYCLA’s 96th Annual Dinner Celebrates Diversityin the Legal Profession

M E S S A G E F R O M J A M E S B . K O B A K J R .P R E S I D E N T O F T H E N E W Y O R K C O U N T Y L A W Y E R S ’ A S S O C I A T I O N

(See NYCLA’s 96th Annual Dinner on Page 11)

NYCLA’s FirstAnnual FilmFestival’sNovember 3Theme: Women inFear, Women inStrength Pg. 8

Catherine A.Christain

George W. Madison Roderick A. Palmore

October 2010 / The New York County Lawyer2

OctoberSPECIAL EVENT: LUNCH INCHAMBERS PROGRAMTuesday, October 19 12:30 PMPlace: U.S. District Courthouse, SDNY,500 Pearl StreetFREEHost: Hon. Loretta Preska, Chief Judge,U.S. District Court, Southern District ofNew YorkSponsor: NYCLA’s Young Lawyers’SectionRSVP (limited seating): Daniel K.Wiig, co-chair, Young Lawyers’ Section,at dwiig@nyc.rr.com

PUBLIC FORUM: ACONVERSATION WITH IN-HOUSECOUNSELThursday, October 21 7:00 PMPlace: NYCLA Home of Law – 14Vesey StreetFREESpeakers: Stephen Broer, Esq., counsel,The Guardian Life Insurance Companyof America; Ira Cohen, Esq., generalcounsel, Elie Tahari, Ltd.; DanielleGentin Stock, Esq., corporate counsel,Pfizer, Inc.; Michael Hoffman, Esq., gen-eral counsel, Tremblant Capital Group;Randy L. Shapiro, Esq., deputy chiefcounsel, Newsweek, Inc.; and RebeccaSiegel Baron, Esq., former general coun-sel, Spa ChakraProgram Co-Chairs and Moderators:Renee Garcia, Esq., Hogan Lovells LLP,and Dorianne Van Dyke, Esq.,Newsweek, Inc.Program: A question-and-answer ses-sion with in-house counsel concerningthe path to securing such a position, thebenefits, and how the current economicclimate has affected their role.Sponsor: NYCLA’s Young Lawyers’SectionRSVP: dlamb@nycla.org and write‘October 21 Forum’ in the Subject line.

SPECIAL EVENT: FEDERALCOURTS COMMITTEE’SLUNCHEON HONORING THEFEDERAL COURTS IN NEW YORKCITYWednesday, October 27 12:00 PMPlace: NYCLA Home of Law – 14Vesey StreetEdward Weinfeld Awardee: Hon.Denny Chin, U.S. Court of Appeals forthe Second CircuitAward Presenter: Michael Patrick, Esq.,Fragomen, Del Ray, Bernsen and Loewy,LLPThe Edward Weinfeld Award is present-ed each year to a member of the bench orbar who has made distinguished contri-butions to the administration of justice.Sponsor: NYCLA’s Federal CourtsCommitteeRSVP: Tickets are $125 each or $1,500for a table of ten with a firm placard. Topurchase tickets, send a check, madepayable to NYCLA, to Luncheon ChairVincent Chang, Wollmuth Maher &Deutsch LLP, 500 Fifth Avenue, NewYork, NY 10110.

NovemberFIRST ANNUAL NYCLA FILMFESTIVALWednesday, November 3 6:00 PMPlace: NYCLA Home of Law – 14

Vesey StreetAdmission: $5 for each showing (Therewill also be a showing on December 1.)Send checks, made payable to NYCLA,to NYCLA - Film Festival, 14 VeseyStreet, New York, NY 10007. Proceedsfrom the Festival will help underwriteNYCLA’s pro bono programs.Refreshments: Popcorn and beerSponsor: NYCLA’s Art Committee(For more information about this event,refer to page 8.)

PUBLIC FORUM: COLLATERALCONSEQUENCES OFCONVICTIONS: POST-CONVICTION RELIEF FROMDISABILITIESWednesday, November 10 6:00 PMPlace: NYCLA Home of Law – 14Vesey StreetFREEConfirmed Speakers: Hon. JamesYates, New York State Supreme Court;Hon. Harold Baer Jr., U.S. DistrictJudge, Southern District of New York;McGregor Smyth, managing attorney,Civil Action Practice, The BronxDefenders Office; and Seth Steed, staffattorney, Neighborhood Defender Serviceof HarlemModerator: Hon. Michael J. Yavinsky,New York City Criminal CourtIn the ever evolving world of collateralconsequences that follow criminal con-victions, changes come both large andsmall. Over the summer, the New YorkState Legislature passed a law to stream-line the procedures for individuals con-victed in federal courts who wish toobtain a Certificate of Relief from CivilDisabilities. Additionally, in March, theU.S. Supreme Court issued the landmarkdecision, Padilla v Kentucky, 130 S Ct1473, which sent shock waves throughcriminal courthouses everywhere by find-ing that criminal defendants must beaccurately advised of the probable/possi-ble deportation consequences of guiltypleas. Forum panelists will discuss thesechanges through the lenses of both prac-titioners and judges in an attempt todetermine how these decisions will affectwhat goes on in the courtroom.Sponsor: NYCLA’s Judicial SectionCo-Sponsors: NYCLA’s CriminalJustice Section and Justice CenterRSVP: dlamb@nycla.org and write‘November 10 Forum’ in the Subject line.

DecemberNYCLA’S 96TH ANNUAL DINNER:CELEBRATING DIVERSITY INTHE LEGAL PROFESSIONTuesday, December 14Reception: 6:30 PM; Dinner: 7:30 PMPlace: Waldorf Astoria Hotel – 49thStreet and Park AvenueWilliam Nelson Cromwell Awardee:George W. Madison, General Counsel,U.S. Department of TreasuryNYCLA Diversity Awardee: RoderickA. Palmore, Executive Vice Presidentand General Counsel, General Mills, Inc.Boris Kostelanetz President’s MedalAwardee: Catherine A. Christian,Special Counsel, Office of SpecialNarcotics Prosecutor, New York CountyDistrict Attorney’s OfficeDinner Co-Chairs: Michele ColemanMayes and Robert L. Haig(For more information, please refer to thefront-page article.)

EVENTS CALENDAREvents are subject to change; please check the Association’s website,

www.nycla.org, for schedule changes and additions.

Upcoming ProgramsAll events are free and open to NYCLA members only. Events take place at the

NYCLA Home of Law, 14 Vesey Street. To rsvp, email agluck@nycla.org. Space islimited.

CorrectionIn our announcement of Evelyn Konrad's seminar, we made an unintended error

by stating that she is a "pro bono land use" litigator. Ms. Konrad does her requiredpro bono work and sometimes more than is required, however, land-use litigationis her professional field and, of course, she is compensated for her work in a pro-fessional manner.

Pro Bono Opportunity On October 28

How to Take Advantage of the BestCommercial Real Estate Market forTenants

Secure lower rents and better leases thanyou have been able to in years. Whetheryou are renewing your current lease, rene-gotiating your current lease or movinginto a new space with a new landlord, nowis the time to ask for better terms, moreconcessions and reduced overhead. Themarket has tipped in the tenant’s favor.Small tenants are the lifeblood of com-mercial real estate in New York – don’t letthe size of your business deter you. Speakers: Bert Rosenblatt and Andrew SteinDate/Time: October 19 - 6:00 PM

Proactive Focusingfor LawyersDefine your goals,explore your choices,make sound decisionsand move forward toa fulfilling retirement.Retirement and theanticipation of retire-ment bring with themmany emotional,

social and logisticalchallenges. This experiential workshopdesigned for lawyers facing retirement

offers a different approach to help youdeal with your transition into retirementand/or your experience of retirement.Learn techniques that promote better deci-sion making, improve dialogue, reducestress and move proactively ahead.Speakers: Yael Bacharach, LCSWDate/Time: October 21 - 6:00 PM

Training Associates in PracticeDevelopment: Seminar for Law FirmPartnersTeaching associates how to developclients has taken on new importance.However, effective training takes time.This seminar for law firm partners willsuggest ways to teach associates aboutdeveloping clients. Attendees will learnwhat has been most effective at JacksonLewis LLP, where Mr. Payson is a partnerin charge of the firm’s training program.(For more information, please refer to thearticle on page 6.)Speakers: Russ Korins, Esq. and MartinF. Payson, Esq.Date/Time: November 9 - 6:00 PM

Practice of Law Series: What EveryLawyer Needs to Know about The Part137 Fee Dispute Resolution ProgramA discussion about your rights andresponsibilities when your client disputesyour fees and the law requires that youarbitrate. (Practice of Law programs areled by experienced attorneys in informalsettings to help you manage your practice.For a complete listing of all programs inthe Practice of Law series, please refer topage 15.)Speakers: Martin L. Feinberg, Esq. andHeidi LeibowitzDate/Time: November 18 - 6:00 PM

The New York State Courts’ Accessto Justice Program and the CLAROprogram’s partners (Bronx County BarAssociation, Brooklyn Bar AssociationVolunteer Lawyers Project, BrooklynLaw School, Feerick Center for SocialJustice at Fordham Law School, NewYork City Bar Association, New YorkCounty Lawyers’ Association andQueens County Bar AssociationVolunteer Lawyers Project) havescheduled a training for the Civil CourtPro Se Debtor Assistance and CLAROprogram on Thursday, October 28 from6:00–9:00 PM at the Queens CountyBar Association, 90-35 148th Street,Jamaica, New York.

The Civil Legal Advice and ResourceOffice (CLARO) is a free, weeklywalk-in clinic that provides limitedlegal advice to pro se litigants with con-sumer debt matters in the New YorkCivil Courts. CLARO was created inresponse to the growing numbers oflow-income individuals being sued inCivil Court by collection agencies. Thevolunteer attorneys at CLARO provideunrepresented litigants with informa-

tion and resources to help them repre-sent themselves effectively.

This training is free to those who vol-unteer for 6 total hours with CLARO or12 total hours with the Civil CourtConsumer Debt programs by April 30,2011. Volunteers can serve one of thefollowing consumer debt pro se assis-tance programs, all of which providelimited legal advice to unrepresenteddebtor-defendants:Bronx CLAROBrooklyn CLAROManhattan CLARO (must be aNYCLA member or Fordham LawSchool alumnus)Queens CLAROCivil Court Consumer Debt Lawyerfor the Day Program, BrooklynCivil Court Help Center ConsumerDebt Advice Program, Manhattan

To register, emailvlpcivil@courts.state.ny.us. For moreinformation, please contact Lois Davis,director of Pro Bono Programs, atldavis@nycla.org or 212-267-6646,ext. 217.

Bert Rosenblatt Andrew Stein

Yael Bacharach

October 2010 / The New York County Lawyer 3

Dear Friends,

Well, this is my third letter to you as President of theNew York County Lawyers’ Association (NYCLA)Foundation. In my capacity as President-Elect ofNYCLA, I have first-hand knowledge of, and experi-ence with, the important work that NYCLA does as anorganization. Like any non-profit organization, in orderfor NYCLA to thrive and carry out its mission, we arein need of donations from our members and friends.

The work and repairs on our landmarked building are nearingcompletion, but we still have many bills to pay. In addition,NYCLA continues to grant dues waivers to our members withfinancial difficulties and continues to be in need of funding for itsmany pro bono programs for low-income New Yorkers.

We invite you to join your colleagues and fellow members incontributing to the Second Century Campaign. With a gift of$250 or more, we will send you Brethren and Sisters of the Bar:A Centennial History of the New York County Lawyers’ Association. Other special gifts are available for large contribu-tions.

You can make your contribution online by going toNYCLA’s website at www.nycla.org and clicking onNYCLA Foundation or by mailing a check payable tothe NYCLA Foundation to: NYCLA Foundation, 14Vesey Street, New York, NY 10007. As theFoundation is recognized by the IRS as a 501(c)(3)organization, your gift is deductible to the extent pro-vided by law.

Please consider a donation in any amount. It would be verygreatly appreciated. If you have any suggestions for me withrespect to NYCLA’s fundraising, I’d love to hear them. I can bereached at stewart.aaron@aporter.com.

Sincerely,

Stewart D. AaronPresident of the NYCLA Foundation

New York County Lawyer is publishedmonthly (except January and August) for$10 per year by New York CountyLawyers’ Association, 14 Vesey Street,New York, NY 10007. Periodicals postagepaid is mailed at New York, NY and addi-tional mailing offices. POSTMASTER:Send address changes to: New York CountyLawyer, 14 Vesey Street, New York, NY10007-2992.

USPS #022-995ISSN: 1558-5786

$10.00 of membership dues is deducted fora one-year subscription to the New YorkCounty Lawyer.

Copyright © 2010 New York CountyLawyers’ Association. All rightsreserved. New York CountyLawyers’ Association grants permis-sion for articles and other materialherein or portions thereof to bereproduced and distributed for educa-tional or professional use throughdirect contact with clients, prospec-tive clients, professional colleaguesand students provided that such useshall not involve any matter forwhich payment (other than legal feesor tuition) is made and provided fur-ther that all reproductions include thename of the author of the article, thecopyright notice(s) included in theoriginal publication, and a noticeindicating the name and date of theAssociation publication from whichthe reprint is made. Subscription rate:$10.00 per year for non-members

NEW YORK COUNTY LAWYER

James B. Kobak Jr.President

Sophia J GianacoplosExecutive Director

Mariana HoganChair, Editorial Board

Marilyn J. FloodCounsel to NYCLA

Executive Director of the NYCLA Foundation

Anita AboulafiaEditor

Director of Communications

Photo CreditsAnita AboulafiaAlanna Gluck

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.

October 1-15Ronald Minkoff212-705-4837

October 16-31Mark Bower212-240-0700

November 1-15Adriana Cires212-564-2244

Ethics Hotline

Please Note: Assignments are subject to change.

Questions to the Hotline are limited to an inquiring attorney’s prospective conduct. The Hotline does not answer questionsregarding past conduct, the conduct of other attorneys, questions that are being litigated or before a disciplinary committee orethics committee, or questions of law. This notation shall not be construed to contain all Hotline guidelines. For a full discus-sion of Ethics Hotline guidelines, please see “Guidelines on NYCLA’s Ethics Hotline,” September 2006, New York CountyLawyer, Vol. 2, No. 7.

Gifts received through wills and estate plans are vital to the much-needed renova-tions and improvements underway at the landmarked Home of Law and to the successof NYCLA pro bono and educational programs and resources for lawyers, including:its Law Library and free access to information sources, discounted CLE programs,committees open to all members, professional ethics programs and hot-line resources,and activities for lawyers in transition.

A planned gift makes a lasting contribution to the future of the Home of Law andNYCLA’s services for lawyers and the public.

Please consider NYCLA in your will or estate plan.

For more information, please email the Foundation’s Executive Director, MarilynJ. Flood, at mflood@nycla.org or call her at 212-267-6646, ext. 222.

Plan for the Future: Remember NYCLA in Your Will

M E S S A G E F R O M S T E W A R T D . A A R O NP R E S I D E N T O F T H E N Y C L A F O U N D A T I O N

I joined NYCLA to gain access to its excellent and cost-effective CLE programs. However, I soonrealized that as a NYCLA member, I have also gained access to a community of lawyers and a wealthof information. When I decided to start my own firm, NYCLA's Practice of Law series, taught bypracticing attorneys, was an excellent, free resource for information and inspiration. I will continueto take advantage of the excellent resources offered by NYCLA as I grow my practice.

Renee J. TelloNYCLA Member since February 2008

Whenever I visit the Home of Law and especially the NYCLA Library, with its atmosphere andappearance, I feel deeply inspired to carry on the traditions of equity and justice, advocated for overa century by many generations of lawyers – members of the Association.

Rostyslav SoltysNYCLA Member since March 2005

On September 16, NYCLA and the fourother county bar associations - Bronx,Kings, Richmond and Queens - filed amotion in Supreme Court, New YorkCounty, to amend the original Complaintand Article 78 Petition challenging MayorMichael Bloomberg’s unilateral attemptto overturn the City’s indigent defenseplan. The County Bars seek to amend thepetition because, subsequent to its filingdate, the New York State Legislatureamended Section 722(3) of the CountyLaw providing the County Bars with anoption to create an office of conflictdefender. Manhattan Acting SupremeCourt Justice Anil Singh has set October 6as the date for all briefs in the case to besubmitted.

On June 2, Haynes and Boone, LLP,which is providing pro bono representa-tion to the five bar associations, com-menced the lawsuit seeking to blockMayor Bloomberg and Criminal JusticeCoordinator John Feinblatt from unilater-ally implementing an overhaul of theCity’s indigent legal defense system for

criminal matters -- a system that wasdevised and has been operated under ajoint plan among the City and the CountyBars for more than 40 years.

On June 18, a companion civil actionwas filed by NYCLA and the four othercounty bar associations in New York StateSupreme Court. The complaint allegesthat the attempts by Mayor Bloomberg,the City of New York and the CriminalJustice Coordinator to overturn the City’sindigent defense system were unconstitu-tional, citing the principle that equal jus-tice – including the right to counsel – forpoor and rich, weak and powerful alike isa constitutional mandate under the NewYork and United States Constitutions. TheCounty Bars have also sought leave toamend that complaint. The City filed anotice of removal to U.S District Court onJune 30, followed by a motion to dismiss.The County Bars have since moved toremand the case to State court, assertingthat the cases are virtually the same andinvolve important issues of State law and

October 2010 / The New York County Lawyer4

M E S S A G E F R O M B A R C H A S E D I R E C T O R O F T H E C L E I N S T I T U T E

Update on Indigent Defense Case

Tricks and Treats This October atthe CLE Institute

The CLE Institute will be providingmany treats and a few tricks this Octoberas we continue with a full roster of fallprograms.

On October 13, Program Chair LouisPechman, Burke-Weiss & Pechman LLP,and a panel of experts will present a pro-gram, How to Handle a Wage and HourCase, the fastest growing area of employ-ment law litigation. The program will pro-vide a comprehensive look at wage andhour cases from the perspective of theNew York State Department of Labor, theU.S. Department of Labor, the plaintiffand the defendant.

In response to the sold-out session lastyear, the CLE Institute welcomes backProgram Chair and faculty member ElliottScheinberg to present the Second AnnualDay of Evidence on Friday, October 14.Our panel of experts, including BenjaminBrafman, Brafman & Associates;Craig Cooley, The Innocence Project;Professor Richard Farrell, Brooklyn LawSchool; Stephen Gassman, Gassman,Baiamonte, Betts & Tannenbaum; RobertGenis, Sonin & Genis; and ProfessorMichael J. Hutter, Albany Law Schoolwill discuss the use of different types ofevidence, including:• DNA evidence• evidentiary issues related to tape-record-

ed evidence • myths and mistakes in the laws of evi-

dence • current issues in the admissibility of

electronic evidence • dealing with evidentiary issues at trial• hearsay testimony through the expert

witness: This occurs when experts testi-fy about statements made by out-of-court declarants who never testify inopen court and are thus never vetted bycross examination. This can involvemedical films or reports, forensic psy-chologists and forensic accountants indivorce actions and forensic psychiatry

in criminal actions. The Court ofAppeals cases in which this ruleevolved will be discussed, showing thelitigator and appellant counsel how toargue and brief against such impermis-sible testimony. When confronted with economic

calamity, more and more individuals arefiling Chapter 11 bankruptcies. Indeed,this is becoming a more common practice,necessitating both bankruptcy and non-bankruptcy practitioners to learn the insand outs of filing for reorganization.NYCLA’s Bankruptcy Law Committee isco-sponsoring a program, Chapter 11Bankruptcy for Individuals, onWednesday evening, October 20. The pro-gram will cover such essential topics as:six mechanisms under which bankruptcycan occur; how Chapter 11 works in gen-eral; individual Chapter 11 cases pre- andpost-BAPCPA; why you might file anindividual case under Chapter 11; how anindividual Chapter 11 case differs fromother Chapter 11 cases; and ethical issuesfor attorneys representing Chapter 11debtors. NYCLA's Women's RightsCommittee is proud to co-sponsor a spe-cial evening on Wednesday, October 27,discussing the hot-button issue of repro-ductive rights at a program, Strategies forCounteracting the Erosion ofReproductive Rights in the U.S. Today.Topics to be explored include: anoverview of reproductive rights law,analysis of current case law and recentstate and federal legislation; the legalimplications of partisan strategies torestrict reproductive rights under state andfederal law and practical ways to protectreproductive rights. Our outstandingspeakers include Kathryn Kolbert, cur-rently director of the Athena Center forLeadership Studies at Barnard College,and Sondra Goldschein. Ms. Kolbert is arenowned civil rights attorney and formerpresident of People For the American

(Trick or Treat At The CLE on page 14)

(See Update on Page 5)

[ Over 20 Years \

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Comprehensive Diagnostic &Treatment Services

WWW.NYFORENSIC.COM

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The New York Center forNeuropsychology

& Forensic Behavioral Science

Dr. N.G. Berrill, Director

On Saturday, November 6, Big BrothersBig Sisters of New York City is hosting itseighth annual Gridiron Games at the NewMeadowlands Stadium. The GridironGames pits New York City’s top law firmsagainst each other in a fun-filled afternoonof five-on-five touch football on the stadi-um field. After seven years in GiantsStadium, the event now takes place at thenew $1.6 billion home of the New YorkGiants and New York Jets.

The teams will compete for a chance towin the Gridiron Games Trophy, whichhas been awarded to Skadden, Arps, Slate,Meagher & Flom LLP & Affiliates for thepast two years. Past participating firmshave also included: Cravath, Swaine &Moore, LLP; Cadwalader, Wickersham &Taft LLP; Fried, Frank, Harris, Shriver &

Jacobson, LLP; Gibson, Dunn & CrutcherLLP; Jones Day; Kenyon & Kenyon LLP,Kirkland & Ellis LLP; Kramer LevinNaftalis & Frankel LLP; Latham &Watkins LLP; Morrison & Foerster LLP;Orrick, Herrington & Sutcliffe LLP, Paul,Hastings, Janofsky & Walker LLP;Pillsbury Winthrop Shaw Pittman LLP;Schulte Roth & Zabel, LLP; Shearman &Sterling LLP; Wachtell, Lipton, Rosen &Katz LLP; and Weil, Gotshal & MangesLLP.

James Rapp, a NYCLA member andPresident of Big Brothers Big Sisters ofNew York City’s Young ProfessionalsCommittee, helps organize the annualevent. “It’s a great day for the firms andtheir guests to come out to the newMeadowlands Stadium and see which is

the best law firm in New York City, allwhile supporting the children of BigBrothers Big Sisters in a tremendousway.”

All proceeds from the event support thementoring programs of Big Brothers BigSisters of New York City. The 2009Gridiron Games raised almost $200,000for the agency. Big Brothers Big Sisters ofNew York City began in 1904 as the firstformalized mentoring program in theUnited States. Today, it serves over 3,000children--and their families--in all fiveboroughs.

If a New York City law firm is interest-ed in participating or if anyone would like

to learn more about the Gridiron Games,please contact Roxanne Scher, specialevents coordinator, at 212-994-7701 orvisit http://www.bigsnyc.org/Gridiron/index.htm.

New York City Law Firms Take the Field at Meadowlands Stadium toBenefit Big Brothers Big Sisters of NYC

have opposed the motion to dismiss.The County Bars also filed on

September 22 a memorandum of law inopposition to a motion to intervene filedby the New York Criminal BarAssociation and Anastasios Sarikas seek-ing formal party status in the Article 78case. The County Bars oppose this on thebasis that the intervenors do not havestanding under Article 18-B, Section 722of the County Law, which describes thefour options, including the Bar PlanOption for the operation of an indigentdefense system. The County Bars wouldnot oppose a request by the intervenors topresent their argument as amici curiae.

The County Bars have brought the law-suit on behalf of New York’s indigentdefendants, who are otherwise withouteffective means or recourse to challengesystematic inadequacies in the provisionof criminal defense services. In the wordsof NYCLA President James B. Kobak Jr.,“NYCLA remains committed to doingeverything in its power to improve fund-ing for indigent defense and give meaningto the constitutional guarantee of effectiveassistance of counsel.”

NYCLA will continue providingupdates to members regarding furtherdevelopments on this important issue inits bimonthly electronic newsletter, inemail messages and on the homepage ofits website, www.nycla.org.

To Join NYCLA1. Join online at www.nycla.org (click on Membership – Applications)2. Call 212-267-6646, ext. 208 (Request an application)3. Email bchan@nycla (Request an application)

October 2010 / The New York County Lawyer 5

To Advertise in New York County Lawyer

Call (866) 867-9121

Indigent Defense Update(Continued from Page 4)

Diversity Award to be Presentedat December 14 Annual Dinner

NYCLA will present its first Diversity Award at the December 14 Annual Dinnerto Roderick A. Palmore, Executive Vice President and General Counsel, GeneralMills, Inc. The Award pays tribute to the law firms and corporations that havesigned on to NYCLA’s Diversity Statement, which promotes efforts to increasediversity in the legal profession. Past President Catherine A. Christian chairs theDiversity Award Committee, whose members are: Vincent T. Chang, Hon.Margaret J. Finerty, Dyan Finguerra-DuCharme, Hon. Debra James and StephenLessard.

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APPEARANCES IN QUEENS COUNTY

E-mail: DianainQueens@aol.com

Diana C. GianturcoATTORNEY AT LAW

October 2010 / The New York County Lawyer6

BACK BY POPULAR DEMAND

Ever imagine yourself following in thefootsteps of Linda Fairstein or JohnGrisham? Discuss the nuts and bolts ofwriting and publishing with experts inthe field. Learn about the latest trendsand secrets to getting your proposalread.

Date/Time: Tuesday, November 16 -8:30 AM Location: NYCLA Home of Law – 14Vesey StreetRSVP: agluck@nycla.org(space is limited) FREE and open to NYCLA Members only. Light refreshments will be provided.

SpeakersKaren Bergreen,

Esq., a former clerk toHon. Barrington D.Parker Jr. and associateat Winston and Strawn,is now a stand-up comicand writer. She per-forms in New Yorkcomedy clubs and hasappeared on Comedy Central, the Oxygennetwork, NBC's Law and Order and TheJoy Behar Show. Her debut novel,Following Polly [see book review below],recommended by The New York Times andO magazine, was published in June2010. Ms. Bergreen lives in New YorkCity with her husband, Daniel R. Alonso,chief assistant district attorney inManhattan, and two sons.

Victoria Skurnickis an agent at theLevine GreenbergLiterary Agency,where she representsa range of booksas diverse as Critical,Senator TomDaschle's plan forhealth care, Harry Dolan's best-selling BadThings Happen, Robert Rotenberg's OldCity Hall, Karen Bergreen's FollowingPolly and The Dangerous Book forDogs. Before becoming an agent, MsSkurnick was editor-in-chief of the Book-of-the-Month Club and senior editor at St.Martin's Press and Pocket Books. She isalso the co-author (with Cynthia Katz) ofseven novels by the pseudonymousCynthia Victor.

Charles Spicer isan executive editorat St. Martin’s Press,where he acquiresand edits both com-mercial fiction andnonfiction. Some ofThe New York Timesbest-selling authorswith whom he hasworked are: TedBell, Stephen J.Cannell, Jackie Collins, Stephen Coontsand E. Lynn Harris. He has edited thememoirs of acclaimed actor Alec Baldwinand former FBI Director Louis Freeh. Healso oversees the True Crime Libraryimprint at St. Martin’s, which has longbeen the most successful publisher of non-fiction books on crime.

By Russ Korins, Esq. and Martin Payson, Esq.

Law firm partners have become increas-ingly aware of the value of training associ-ates in client development and doing soearly in their careers. The rewards includeboth financial gain and the retention of tal-ent invested in a firm’s success.

In order for such training to be success-ful, several obstacles must be overcome.Junior associates typically arrive at firmsknowing how to read and analyze cases,write memos or briefs and perhaps negoti-ate, but know virtually nothing about whyand how to develop clients. They assumepartners will create the work for them.Partners are accustomed to developing afirm’s business but spend little time think-ing about the important role associates canplay in the process. This article describes

ways law firm partners can approachclient-development training to achieve thedesired results while addressing their con-cerns that every new client will be handledproperly.

A first step that partners can take isteaching associates about their role inclient development and the activitiesexpected of them. Partners who routinelygenerate business may not even realizehow much they know about the skillsinvolved in client development. Ratherthan simply asking associates to write arti-cles or network without parameters, part-ners should make sure associates know notonly about the firm but about the charac-teristics of clients being sought. For prac-tice areas serving businesses, these attrib-utes include: industries or sectors, rev-enue, number of employees, locations orparticular challenges or opportunities. For

practice areas serving individuals, attrib-utes might include: certain types of profes-sional backgrounds or levels, life situa-tions or demographics, such as ages andlocations. Knowing this informationempowers associates to be aware of poten-tial clients among their contacts andfriends.

Partners can also teach associates aboutwhere they have found their clients. Mostpartners can identify a few key referralsources that have been instrumental in

building their client base, e.g., profession-

Public Policy DevelopmentsAugust 27, 2010 – NYCLA’s Appellate Courts Committee responded to the New

York Court of Appeals’ request for comments regarding the adoption of mandato-ry electronic filing.

September 13, 2010 – NYCLA sent a letter to Senator Charles E. Schumer,expressing concern regarding proposed legislation S. 3416, which would have anegative impact on many law firms in New York City by making them subject tothe Red Flags Rule.

To read reports, letters, amicus briefs, testimonies, comments and other doc-uments related to NYCLA’s public policy initiatives, visit www.nycla.org andclick on News & Publications.

Member NewsOlivera Medenica, co-founder and partner at Wahab & Medenica LLC, NYCLA

board member and past chair of the Entertainment, Media, Intellectual Property andSports Law Section, has received the Outstanding Young Alumni Award from theManhattan School of Music.

Hon. Howard Miller, former Associate Justice, Appellate Division, SupremeCourt, Second Judicial Department and co-chair of NYCLA’s Task Force on theFamily Court, has joined Mintz & Gold LLP as of counsel and the NationalArbitration and Mediation, Inc.’s (NAM) New York panel.

Barry Temkin, chair of the Professional Ethics Committee, is featured in anonline publication, LegalZoom.com, which discusses his recent work on multi-jurisdictional practice in securities arbitrations.

November 16 Program: So, You Want to be a Writer?

How Partners Can Train Associates in Developing Clients

(Continued on Page 12)

Russ Korins, Esq. Martin Payson, Esq.

By Vincent Manapat

Most NYCLA members will be famil-iar with the setting of Following Polly,whether by personal experience or moreindirect means, like television or film.The story takes place in modern-day NewYork City, a place populated by theunhappily rich and famous, “plush”offices,“ sumptuous” apartments andeven the occasional “completely uncoolbar.” It’s the kind of place where a per-son’s decision to ride the subway insteadof taking a cab can seem suspicious. In

other words, a setting well suited to themurder mystery.

Confronting some of the more unpleas-ant vicissitudes of this milieu is AliceTeakle, who, as the book opens, is work-ing for Mona, a Miranda Priestly/AnnaWintour-style casting director. Monafires Alice for an indiscreet act of human-ity and Alice is thrust into the world with-out a job or love life. But Alice is not list-less for long. She encounters by chancethe beautiful Polly Dawson, a socialitewho snubbed Alice throughout theirentire undergraduate education at

Harvard. Whereas Alice has failed to findher place, Polly’s career and social suc-cesses have continued since college; sheis married to a famous director and has“conquered the city’s social scene.”Alice begins to routinely stalk Polly, a

proclivity that will lead Alice into theheart of a murder investigation, takingher on an urban odyssey with the help ofCharlie, a crush from Alice’s Harvarddays.

Though Following Polly is a murdermystery, it never for a moment loses itssense of ease and levity. The footprints of

the author’s career as a lawyer and come-dian are evident throughout the story -- Iwon’t provide examples and thereby ruinthe jokes -- but suffice to say thatFollowing Polly has broad appeal andwill be especially suited to NYCLAmembers, who will pick up on some ofthe inside jokes about New York City andthe life of the lawyer in a large law firm.

Mr. Manapat practices entertain-ment law in New York City. He is alsoa member of NYCLA's Law andLiterature Committee.

Book Review: Following Polly, by Karen Bergreen

Save the Date:3rd Annual Art Litigation &Dispute Resolution Institute

Friday , November 19th, 20108:30 AM – 5:30 PM

Details to Follow.

To make suggestions about book pur-chases, please contact Anna Smallen orDan Jordan by email at asmallen@nycla.org or djordan@nycla.org or byphone at 212-267-6646, ext. 204.

FEATURED INTERNET SITEGovernment Made Easy (www.usa

.gov) is a search engine for accessing fed-

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Service Center on the site shows how taxdollars are spent and how the federal gov-ernment fights fraud and waste. Users cansubscribe to email updates and chat rooms;telephone and email support are available.

NEW EDITIONSNew Jersey Legal Research Handbook,

5th edition (New Jersey Institute forContinuing Legal Education).NEW TITLEU. S Regulation of Hedge Funds, byShartsis Friese LLP. Principal authorsDouglas Hammer and Carolyn S. Reiser,partners at Shartsis Friese LLP, are mem-bers of the Business Law Section of theAmerican Bar and California BarAssociations. The firm specializes in rep-resenting hedge funds and the authorsshare their knowledge of how to complywith federal and state laws and regulationswhile protecting investors’ assets andavoiding unnecessary disclosure of infor-mation. The introduction describes ahedge fund and has a list of abbreviationsof some of the laws, government agenciesand securities exchanges that regulate thefunds. Chapter four shows several possibleways to structure a hedge fund and theadvantages of each one. Chapter six dis-cusses the reports and forms that have tobe filed by the fund with regulatory agen-cies. Chapter two gives the record reten-tion and registration requirements forhedge fund investment advisers but,because securities brokers have differentregulatory requirements from advisers,chapter ten shows how to avoid beingtreated as a broker by using exemptionsthat can be found in the SecuritiesExchange Act; New York State has differ-ent registration requirements from otherstates for brokers. The authors distinguish

By Sheila Rossi

Does a criminal defense lawyer distortthe truth when he helps his client improvethe answer to an extraordinarily damagingquestion? Does he thwart the truth if hetells his client not to destroy an incrimi-nating letter in such a way as to plainlymean otherwise? Does he serve the truthby asking questions at trial in a way thatmakes a witness seem as if he is lyingwhen he is not?

In Truth Be Veiled, by Joel Cohen, acriminal defense attorney, who wrote thisnovel with Carla T. Main, a legal journal-ist, the fictional criminal defense attorneyJustin Steele comes face to face with theseethical issues when he is hired by GeorgeRobbins, who has been accused of killinghis wife by pushing her out their 15th-story window. Did she lean too far towater the plants on the windowsill andlose her balance because of those “damnhigh heels” she insisted on wearing? Or,as the nosy neighbor is eager to testify, didGeorge push her? Does it matter what thetruth is or only what the evidence is?

At their first meeting, does Justin toywith the truth when he refuses to listen toGeorge explain what happened andinstead insists that George only answer hisquestions? Does Justin render the truthirrelevant when he advises George toadmit guilt in return for a plea even though

George insists he is innocent? Does thisapproach avoid the truth or does it simplygive the defense attorney the best positionfrom which to defend his client?

Do the rules of law and the gamesman-ship of trials turn the truth into a movingtarget or do they provide a measure of reli-ability and therefore a measure of truth?

Does the truth matter? More precisely,does it matter in a criminal trial? Stillmore precisely, does it matter to a criminaldefense attorney?

Justin examines the complexities of truthas it intersects with the criminal justice sys-tem through discussions with his juniorassociate, Marshall. Listening to Justinand Marshall discuss the practical implica-tions of these issues is like listening in on aprivileged conversation. Marshall is smartand eager, like all young lawyers. And likeall young lawyers he is a sponge, absorbingall. Justin is happy to share his knowledgeand experience and quite proud of howwell Marshall is advancing. I think Justin’smentoring skills lose their shine, however,when he tells Marshall that you need “tes-ticular fortitude” to be a lawyer. I’m grate-ful no one told me that when I started.

Mr. Cohen’s book affords a rare viewinto the world of legal ethics that is equal-ly accessible to lawyers and non-lawyers.It is instructive and entertaining, punctuat-ed with humor, imagery and insight. Forinstance, Mrs. Robbins’s plunge from thewindow is described as her “rendezvous

with gravity.” George muses that while hewatched his wife falling from the window,he thought it was “as if she were runningupside down.” And when George decidedto tell Justin about an incriminating adul-terous affair that would damage hisdefense, he “felt like a child disappointinghis father.” And kudos to Sabrina Sun forher excellent cover design.

Why is the simple truth so complicated?Just ask Justin Steele. He will tell you it isbecause people lie. Mr. Cohen’s book isrecommended reading for all those inter-ested in the many faces truth wears as itwinds its way through the criminal justicesystem.

Ms. Rossi, who has been practicinglaw since 1978, is an active litigator,experienced in both civil and criminallitigation. Currently, she is senior trialcounsel at the New York City LawDepartment. Ms. Rossi has given anumber of CLE courses in the areas oftrial skills and evidence. She serves asan arbitrator for the Civil Court of theCity of New York and is a foundingmember of NYCLA’s Law & LiteratureCommittee.

Please Note: Mr. Cohen is chair of theOctober 25 CLE program, Is CriminalLawyering About Truth? At the program,prosecutors and defense attorneys will usematerial from Mr. Cohen’s book as ajumping off point for what should prove tobe an enlightening discussion.

October 2010 / The New York County Lawyer 7

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

NYCLA HoldsMonthly Drawingfor Free Live,Three-CreditCLE Course

Congratulations to Kenneth M.Rice, Esq. of NYPD’s Legal Bureau.His name was selected from thosemembers who paid their first duesinvoices in full by August 31.

Members who pay their initialannual invoice in full by the drawingdate are automatically entered in thedrawing. One member is selectedeach month. For information aboutthe drawing, call Bernard Chan at212-267-6646, ext. 208.

B O O K R E V I E W

Truth Be Veiled, by Joel Cohen with Carla T. Main

(See Library Notes on Page 12)

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By Anibal Luque

NYCLA’s First Annual Film Festival,sponsored by the Art Committee, willoffer continued excitement and entertain-ment on its second night of film screeningson Wednesday, November 3. Followingthe blockbuster lineup of talent and visionpresented on its inaugural night, this sec-ond night of screenings will offer a uniquepairing of new talent (Kent Sutton) andveteran expertise (acclaimed director FredBaker) that is sure to keep the audienceglued to their seats. The films contrastwomen in fear and women in strength.

Once again, select screenwriters, direc-tors and actors will be present to engage theaudience in dialogue about the films. Don’tforget that proceeds from the film festivalwill help underwrite NYCLA’s pro bonoprograms, which assist hundreds of NewYorkers each year. The $5 admissionincludes beer and popcorn.

Full-length Feature: Assata (95 minutes)Assata Shakur, aka Joanne Chesimard, a

revolutionary Black Panther, was falselyconvicted and sentenced to life in prison ina widely publicized case involving a 1973shootout on the New Jersey Turnpike,which resulted in the deaths of a BlackPanther and New Jersey state trooper. Thistantalizing docudrama, filmed in color andblack and white by Fred Baker, details theevents leading up to and around this con-troversial historical event. The film takesus on a journey through the conviction ofMs. Shakur, who was considered to be themost wanted woman in the history ofAmerica – from her prison escape to heremergence in Cuba after years of hiding.Assata took home the Best Feature prize at

the 2009 Harlem International FilmFestival and the Best Docudrama prize atthe 2008 San Diego International BlackFilm Festival. NYCLA Member AnyaDeutsch nominated this film.

Short Film: Miranda (11 minutes)Based on a true story, Miranda explores

the complexities that arise when a youngwoman attempts to hide an abusive rela-tionship from her friends and family. Thisshort film, written and directed by KentSutton, follows the relationship ofMiranda and Arthur from its happy begin-nings to its tumultuous demise, taking theaudience through the twists and turns thatbecome all too familiar when walking thethin line between love and hate. NYCLAMember Monica Trombley nominated thisfilm and our October 6 short film,L’Accordatore (The Tuner).

The third and final film screening willtake place on Wednesday, December 1.Information about the films to be shown

will appear in the November issue of NewYork County Lawyer.

For reservations, send a check in theamount of $5, made payable to NYCLA,to NYCLA - Film Festival, 14 VeseyStreet, New York, NY 10007.

Mr. Luque is a second-year student atNew York Law School and serves as the

justice of Phi Alpha Delta Law Fraternity,International. He is a member ofNYCLA’s Art and Arbitration & ADRCommittees and Young Lawyers’ Section.

Again, we thank NYCLA membersKevin McMullen and Mandy Arjmandfor their assistance with the synopsesand the Festival’s promotion.

October 2010 / The New York County Lawyer8

Upcoming Events

NYCLA’s First Annual Film Festival’s November Theme: Women in Fear, Women in Strength

NYCLA Welcomes the South Asian Bar Association of New York

NYCLA welcomes its newest joint membership program partner, the SouthAsian Bar Association of New York (SABANY). SABANY joins six other barswho participate in the joint membership program: the Asian-American BarAssociation of New York (AABANY); Indo American Lawyers’ Association(IALA); Korean-American Lawyers’ Association of Greater New York(KALAGNY); Lesbian, Gay, Bisexual and Transgender Law Association of NewYork (LeGaL); Metropolitan Black Bar Association (MBBA) and Puerto Rican BarAssociation (PRBA).

Participating association members are entitled to a 50 percent dues reduction ontheir first year’s NYCLA dues and 25 percent on their second year.

All active, dues-paying members of participating associations who are either newNYCLA members or have not been a member of NYCLA in the last five years areeligible for the special rate.

Founded in 1996, SABANY is a voluntary bar association committed to theneeds and professional development of attorneys of South Asian descent.

October 2010 / The New York County Lawyer 9

Recent Events

NYCLA Renews AffiliateAgreement with Kent Law Society

Criminal Justice Section’sReception Celebrates FirstEdition of ManualOn September 13, the Criminal JusticeSection hosted a cocktail reception atthe Woolworth Tower Kitchen celebrat-ing the publication of the first edition ofthe New York County Criminal CourtsManual, which was produced by theSection members. Remarks were madeby Hon. Michael J. Obus, administrativejudge for criminal matters, New YorkCounty; Stewart D. Aaron (on the right),NYCLA president elect; and KeithSchmidt (at left), co-chair of theCriminal Justice Section. Also picturedis the Section’s new co-chair, Alison Wilkey.

On September 10, James B. KobakJr. (on the right), NYCLA president,joined with Kerry Waitt, president ofthe Kent Law Society in England, inrenewing the bar associations’ affili-ate agreement. The five-year agree-ment is designed to encourage colle-giality between the bars. NYCLAalso has affiliate relations with theLille (France) Bar Association andseveral New York-based bar groups– the Asian American BarAssociation of New York, theKorean-American Lawyers’ Association of Greater New York, the Lesbian, Gay,Bisexual and Transgender Law Association of New York, the Metropolitan Black BarAssociation, the Indo American Lawyers’ Association the Puerto Rican BarAssociation and, the newest affiliate, the South Asian Bar Association of New York.

NYCLA members receive a 20 percentdiscount to select concerts at theMetropolitan Museum of Art, located atFifth Avenue and 82nd Street. (Membersmust use the NYCLA code to receive thediscount). Call Alanna Gluck for theNYCLA code at 212-267-6646, ext. 209 oremail agluck@nycla.org. Then, either call

the Museum at 212-570-3949, Monday-Saturday (9:30 AM-5:00 PM) or Sunday(12:00-5:00 PM), visit the Concerts &Lectures box office in the main hall or visitwww.metmuseum.org/tickets. Concerttickets include entrance to the Museumgalleries, including the Cloisters, on theday of the ticketed event.

First Person: Seeing AmericaSaturday, October 16, at 7:00 PM -Tickets are $32 (regularly $40)

Ensemble Galilei: Hanneke Cassel,fiddle; Ryan McKasson, fiddle and viola;Kathryn Montoya, recorders, whistle,

oboe; Jackie Moran, percussion; SueRichards, Celtic harp; Carolyn AndersonSurrick, viola da gamba; GingerHildebrand, violin

With Guests: Allison Edberg, Baroqueviolin; Danny Mallon, percussion; NealConan, narrator; Lily Knight, actor; BrianDoser, technical director

First Person: Seeing America combinesiconic photographs from the collection ofthe Metropolitan Museum ofArt. Matthew Brady's searing pictures ofthe Civil War and Walker Evans's haunt-ing portraits from the Great Depression -with the music of the Ensemble Galilei

and narration by NPR's Neal Conan andactress Lily Knight - create a remarkableand powerful performance.

An Evening withChristine Ebersole Friday, October22, at 9:30 PM -Tickets are $40(regularly $50)

In this cabaret-style show, Ms.

Ebersole performs with celebrated pianistand arranger John Oddo, sharing anec-

Metropolitan Museum of Art – Concert Discounts

(See Metropolitan Museum on Page 11)

October 2010 / The New York County Lawyer10

October 2010 / The New York County Lawyer 11

The Dinner will recognize the signato-ries of NYCLA’s Diversity Statement,which has been signed by nearly 150 lawfirms and corporations. NYCLA’s state-ment provides: “The undersigned law firmsand law departments support efforts toincrease diversity in the legal profession.We call upon other law firms and lawdepartments to join us in taking steps toimplement such efforts. We believe thatlaw firms should not object to requests bytheir corporate clients that the firms reportthe number of hours devoted to the clients’matters by minority lawyers. If our clientsdecide that they wish to publicly report theamounts of legal fees which they pay forservices rendered by minority lawyers asemblematic of their commitment toincreasing diversity in the legal profession,we would work with them to provide suchnumbers or estimates.”

NYCLA’s Annual Dinner is renownedas the “bench and bar event of the year.” Itprovides an opportunity for clients, spous-es and friends to join in a festive evening.

For additional information or to buytables or tickets to the Annual Dinner,please contact Christina Andujar at 212-267-6646, ext. 221 or candujar@nycla.org.

Profiles of Awardees

George W. Madison, GeneralCounsel, U.S. Department of the

TreasuryGeorge W Madison was confirmed as

the U.S. Department of the Treasury'sGeneral Counsel in September 2009. Inthat capacity, Mr. Madison serves as sen-ior legal and policy adviser to the TreasurySecretary and other senior departmentofficials. He also heads the Treasury LegalDivision and is responsible for all legalwork in the department.

Mr. Madison served as Executive VicePresident and General Counsel of TIAA-CREF; before that, he was Executive VicePresident, General Counsel and CorporateSecretary at Comerica Incorporated. Priorto that, in 1987, he worked in the NewYork offices of Mayer, Brown & Platt(currently known as Mayer, Brown) andbecame the first African American electedto partnership at the over 120-year-oldfirm. Previously, he clerked for Hon.

Nathaniel R. Jones in the United StatesCourt of Appeals for the Sixth Circuit inCincinnati before working as an associatein the New York offices of Shearman &Sterling. Mr. Madison also served as vicechairman of the Detroit Economic GrowthCorporation and was a member of theboard of trustees of the Henry Ford HealthSystem.

Mr. Madison received a BS from NewYork University's Stern School ofBusiness, an MBA from ColumbiaBusiness School and a JD from ColumbiaLaw School.

Roderick A. Palmore, Executive VicePresident, General Counsel, Chief

Compliance and Risk ManagementOfficer and Secretary, General Mills,

Inc.Roderick A. Palmore joined General

Mills in 2008 from the Sara LeeCorporation, where he was Executive VicePresident, General Counsel and Secretary.Previously, he was a partner withSonnenschein Nath & Rosenthal inChicago, which he joined in 1993. He wasa partner with Wildman, Harrold, Allen &Dixon from 1986 to 1993, having joinedthat firm as an associate in 1982. His priorexperience includes work as an assistantUnited States attorney in the NorthernDistrict of Illinois.

Mr. Palmore wrote “A Call to Action,Diversity in the Legal Profession,” urgingGeneral Counsel to drive diversity bydemanding results in the law firms withwhich they work as well as in their lawdepartments. More than 120 prominentGeneral Counsel made the commitmentand the initiative developed into a collabo-ration between general counsel and man-aging partners -- the Leadership Councilon Legal Diversity (LCLD), which Mr.Palmore chairs. The LCLD, formed in2009, is an organization dedicated toadvancing diversity and inclusion in thelegal profession by developing trainingand mentoring programs, fostering rela-tionships with other businesses that sharethe commitment and interest in hiringdiverse talent, and crafting incentives thatreward the law-related entities with whichit does business and that positively distin-guish themselves on diversity.

Mr. Palmore is a director of the ChicagoBoard Options Exchange, member of theexecutive committee of the Association ofGeneral Counsel and board member of theAmerican Arbitration Association andMacPhail School of Music.

Among the awards that Mr. Palmore hasreceived are the: Corporate ExemplarAward from the National Legal Aid &Defender Association in 2007, Spirit ofExcellence Award from the American BarAssociation Commission on Racial andEthnic Diversity in 2006, Scales of JusticeAward from the Equal Justice WorksFoundation in 2005 and Excellence inCorporate Practice Award from theAssociation of Corporate Counsel in2003. He has also been recognized by theNational Law Journal, Inside Counselmagazine and Corporate Board Membermagazine as one of the mostinfluential lawyers in America.

Mr. Palmore received a BA from YaleUniversity and JD from the University ofChicago Law School.

Catherine A. Christian, Counsel forSpecial Projects, Office of SpecialNarcotics Prosecutor, New YorkCounty District Attorney’s Office

Catherine A. Christian, an assistant dis-trict attorney in the New York CountyDistrict Attorney’s Office, is a member ofthe executive staff of the Office of theSpecial Narcotics Prosecutor for the Cityof New York. She was appointed an assis-tant district attorney in the New YorkCounty District Attorney’s Office in 1988.She served in the Trial Division until sheentered private practice in 1995 as OfCounsel to Yi Tuan and Brunstein. Sheinvestigated public corruption as an assis-tant counsel at the New York State

Commission of Investigation. Ms.Christian was supervising court attorneyfor Bronx Criminal Court and principalcourt attorney to Hon. Rosalyn Richter. In1998, she was re-appointed an assistantdistrict attorney and assigned to the Officeof the Special Narcotics Prosecutor for theCity of New York as senior trial counsel.As a member of the Special InvestigationsBureau, she conducted complex investiga-tions of international drug traffickingorganizations. She was promoted toDirector of Legal Staff Training in 2001and Counsel for Special Projects in 2007.

In 2007, Ms. Christian became the firstAfrican American, the youngest personand the second woman to be inducted asNYCLA’s president. She chairs NYCLA’sNominations, Diversity Award, PublicService Awards and JudiciaryCommittees. She is a member of the: ABAHouse of Delegates and Criminal JusticeSection, New York State Bar House ofDelegates and Committee on Attorneys inPublic Service, City Bar Criminal CourtsCommittee. She also serves on the FirstDepartment Committee on Character andFitness and the New York State ChiefJudge’s Attorney Emeritus AdvisoryCouncil.

In 2008, Ms. Christian received theinaugural ABA Tort Trial & InsurancePractice Section’s Liberty AchievementAward. The award honors lawyers andjudges who actively promote diversitywithin the legal community.

dotes ranging from her adventures in Hollywood to the New Jersey suburbs, and singingclassic ballads, pop and torch songs.

David Kadouch, pianoSaturday, October 30, at 7:00 PM - Tickets are $36 (regularly $40)

Haydn—Variations in F Minor;Schumann—Grand Sonata in F Minor, Opus 14;

Wagner/Liszt—"Spinning Chorus" of The Flying Dutchman;Debussy—Preludes;Shostakovich—15 Preludes, Opus 34

Alessio Bax, pianoFriday, November 5, at 7:00 PM - Tickets are $36 (regularly $40)

Brahms—Ballades, Opus 10: Nos. 1 through 4Rachmaninoff—Variations on a Theme of Corelli, Opus 42Bartók—Dance Suite, Sz. 77Granados—El amor y la muerte (from Goyescas) Ravel—La Valse

Mariachi Los Camperos de Nati CanoFriday, November 12, at 7:00 PM - Tickets are $36 (regularly $40)

Mariachi Los Camperos de Nati Cano commemorates its 50th anniversary and thebicentennial of Mexico with a special program, VIVA MEXICO, with favorites, includ-ing "Mexico Lindo," "La Bamba," "Ave Maria,” "La Cucaracha" and many more.

NYCLA’s 96th Annual Dinner(Continued From Page 1)

Metropolitan Museum (Continued From Page 9)

The undersigned law firms and lawdepartments support efforts to increasediversity in the legal profession. We callupon other law firms and law departmentsto join us in taking steps to implementsuch efforts. We believe that law firmsshould not object to requests by their cor-porate clients that the firms report thenumber of hours devoted to the clients’matters by minority lawyers. If our clientsdecide that they wish to publicly reportthe amounts of legal fees which they payfor services rendered by minority lawyersas emblematic of their commitment toincreasing diversity in the legal profes-sion, we would work with them to providesuch numbers or estimates.

Aaronson Rappaport Feinstein & Deutsch, LLPKayeScholer LLPAllstate Corporation Kelley Drye & Warren, LLPAlston & Bird LLP KeySpan CorporationAltria Group, Inc. Kilpatrick Stockton LLPArent Fox PLLC King & Spalding LLPArnold & Porter LLP Kirkland & Ellis LLPAXA Equitable Life Insurance CompanyKostelanetz &Fink, LLPBaker & Hostetler LLPKramer Levin Naftalis & FrankelLLPBaker Botts LLP Krasdale Foods, Inc.Bank of AmericaLavin, Coleman, O’Neil, Ricci, Finarelli &GrayThe Bank of New YorkLeBoeuf, Lamb, Greene &MacRae, L.L.P.BD Loeb & Loeb LLPBingham McCutchen LLP Marriott International, Inc.Blank Rome LLP Mayer, Brown, Rowe & Maw LLPBristol-Myers Squibb CompanyMcDermott Will & EmeryLLPBrown Raysman Millstein Felder & Steiner LLPMcGuireWoods LLPBryan Cave LLP McKee Nelson LLPBuchanan Ingersoll, P.C. Merck & Co., Inc.Cadwalader, Wickersham & Taft LLPMerrill Lynch & Co.,Inc.Cahill Gordon & Reindel LLP MetLifeCarter Ledyard & Milburn LLP The Metropolitan OperaCendant Car Rental Group, Inc.Milbank, Tweed, Hadley& McCloy LLPChadbourne & Parke LLPMintz, Levin, Cohn, Ferris,Glovsky and Popeo, P.C.The Children’s Place Morgan, Lewis & Bockius LLPCleary, Gottlieb, Steen & HamiltonMorrison & FoersterLLPClifford Chance US LLPNew York Life Insurance

CompanyThe Coca-Cola Company Nixon Peabody LLPCohen Lans LLP Orrick, Herrington & Sutcliffe LLPCozen O’ConnorOtterbourg, Steindler, Houston & Rosen,P.C.Cravath, Swaine & Moore LLPPatterson Belknap Webb& Tyler LLPDavis & Gilbert LLPPaul, Hastings, Janofsky & WalkerLLPDavis Polk & WardwellPaul Weiss Rifkind Wharton &Garrison, LLPDebevoise & Plimpton Paxar CorporationDechert, LLP PepsiCo, Inc.Dewey Ballantine LLPPillsbury Winthrop Shaw PittmanLLPDLA Piper Rudnick Gray Cary US LLP Pitney BowesDorsey & Whitney LLP Pratt & WhitneyDuane Morris LLP Proskauer Rose LLPDuPont Co. Prudential SecuritiesEmmet, Marvin & Martin, LLP Reed Smith LLPEpstein Becker & Green, P.C. Rockefeller Group, Inc.Fannie Mae Ropes & Gray, LLPFinkelstein Newman LLP Seward & Kissel LLPFitzpatrick, Cella, Harper & ScintoShearman & SterlingLLPFlemming Zulack Williamson Zauderer LLPSheppard,Mullin, Richter & Hampton LLPFoley & Lardner LLP Sidley Austin Brown & Wood LLPFrench & Casey, LLP Simpson Thacher & Bartlett LLPFried Frank Harris Shriver & Jacobson LLPSkadden,Arps, Slate, Meagher & Flom LLPFulbright & Jaworski L.L.P. Sokolow Carreras LLPGeneral Electric CompanySonnenschein Nath &Rosenthal LLPGeneral Mills Inc. Stroock & Stroock & Lavan LLPGibbons, P.C. Thacher Proffitt & Wood LLPGibson, Dunn & Crutcher LLP Thelen Reid & Priest, LLPGreenberg Traurig, LLP TIAA-CREFHachette Filipacchi Media U.S., Inc.Troutman SandersLLPHarwood Lloyd LLC Verizon Communications Inc.Herzfeld & Rubin PC Vinson & Elkins LLPHoguet Newman Regal & Kenney, LLPWeil Gotshal &Manges, LLPHolland & Knight LLP White & Case LLPHughes Hubbard & Reed, LLPWillkie Farr & GallagherLLPHunton & WilliamsWilmer Cutler Pickering Hale and DorrLLPIDB BankWilson, Elser, Moskowitz, Edelman & DickerLLPIndependence Community BankWilson Sonsini Goodrich& RosatiInsight Communications Company, Inc.Winston &Strawn, LLPITT Corporation Wolf, Block, Schorr & Solis-Cohen LLPJones Day WyethKahn and Horwitz PC Xerox CorporationKanematsu USA, Inc.

Diversity Statement Signatories

representation, also known as ghost-writing, under the new New YorkRules of Professional Conduct.NYCLA was the first bar associationto publish ethics opinions and underits current chair, Barry Temkin, con-tinues to issue thoughtful, cutting-edge opinions, as well as provideemergency guidance to New Yorklawyers by responding to hotline calls

• Continuing Legal EducationSince its inception, the Ethics Institute

has sponsored 17 CLE programs. The pro-grams, all with legal ethics as their founda-tion, evaluated ethical obligations as theyare applicable to various substantive fieldsof law, including criminal, litigation, matri-monial, tax, real estate and construction,estates and trusts, insurance and intellectu-al property. Additionally, programs havefocused on the new Disciplinary Rules andavoiding ethical pitfalls at the office holi-day party. In a special program last fall,“Shysters, Sharks and Saviors: Are LegalEthics Immoral?,” Ethics Institute DirectorLew Tesser moderated a program featuringRandy Cohen, “The Ethicist” of The NewYork Times Magazine section, andProfessor Bruce Green, Louis Stein ChairProfessor at Fordham University School ofLaw. Last year, the Institute co-sponsoreda live/phone program with the DadeCounty Bar Association, “Ethical Issuesfor Lawyers with Multi-Jurisdictional

Practices,” which provided practical guid-ance for New York and Florida attorneysand was a sold-out success in New YorkCity.

Coming up on October 25, another pro-gram will feature prosecutors and defenseattorneys exploring the provocative issueof “Is Criminal Lawyering About Truth?”.

The 2010/2011 programming calendarwill continue to focus on the ethical obli-gations applicable to such substantivefields as employment law, alternative dis-pute resolution and immigration law. “JustOne Click Away” will examine the ethicalissues surrounding email and social net-working sites, while another program willdelve into the professional disciplinaryprocess.

Advice on NYCLA PositionsThe Ethics Institute has advised the

NYCLA Board on (or is currentlyresearching) the following subjects. Mypredecessors and I have found their pres-ence and willingness to delve into issueson sometimes short notice invaluable:• The ABA’s proposal to amend Rule

1.10(e) of the Model Rules re thescreening of attorneys moving lateral-ly from one law firm to another andavoiding the imputation of conflicts;

• The FTC’s proposed Red Flags Rule;• A proposed amendment to the New

York Lien Law (authorizing an attor-ney to attach a charging lien to awardsand settlement proceeds that clientsreceive through ADR and settlementnegotiations);

• The relationship between age discrim-ination against attorney job applicantsand the Rules of ProfessionalConduct, i.e., What should lawyers dowhen online employment forms askquestions they think are impermissi-ble?;

• A recommendation that Rule 3.8“Special Responsibilities of Prosecutorsand Other Government Lawyers” beamended to govern the conduct of pros-ecutors in criminal matters where theylearn of new, credible and material evi-dence indicating that the convicteddefendant is likely innocent;

• Reforming New York State’s financialdisclosure requirements for attorney-legislators;

• Whether Professional EthicsCommittee opinions should incorpo-rate public comment; and

• Whether the New York Court ofAppeals should adopt rules regardingthe registration of in-house lawyerswho are licensed and in good standingelsewhere.

Liaison with Ethics Committees ofOther Bar Associations

The Ethics Institute has worked or iscurrently working with other bar associa-tions on:• the ABA Ethics 20/20 Commission;• development of an approach for coor-

dinating with other bar associationsaround the state in advocating changeand responding to proposed legisla-tion or professional responsibility

rules affecting the practice of law;• the lack of a uniform system of attor-

ney discipline among the departmentsin New York; and

• proposal of rules to permit in-housecounsel to serve their clients in NewYork when admitted elsewhere andagreeing to be subject to the discipli-nary rules of New York.

Publications to Help PracticingLawyers

A sub-committee of the EthicsInstitute’s Board of Advisors has preparedthe just released The New York Rules ofProfessional Conduct, Rules andCommentary, Oxford University Press,2010. This will be a major, practical andeasily researchable guide for ethics ques-tions for New York lawyers In addition,articles by Ethics Institute Board membershave been published in Bloomberg LawReports, including: “The New New YorkRules of Professional Conduct,” “Who Isthe ‘Lawyer’ Governed by New York’sDisciplinary Rules,” “Attorney Ethics andReal Estate Issues” and “When a ClientWants to Give Something of Value to theAttorney,” which was nominated as “oneof the best contributed articles in the fourthquarter of 2009.”

Through all these activities, the EthicsInstitute is building on NYCLA’s historyof keeping the issues of ethics and profes-sionalism at the forefront and providingresources, practical guidance and rolemodels for its members and the New Yorklegal profession.

public sales of securities from privateones, show how trades must be document-ed and how marketing, including internetmarketing and advertising of shares in thefund within the United States and abroad,is restricted by the Securities andExchange Commission. Chapter ten offersways to structure the fund and its transac-tions in order to avoid excessive taxation.The book has an index. The recent Dodd-Frank Investor Protection Act (P.L.111-273 2010) regulates hedge funds andshould be consulted in conjunction withthe book.

NEWLY UPDATEDBender’s Forms of Pleading, Releaseno. 115 (LexisNexis Matthew Bender).Collier on Bankruptcy, 16th edition,Release no. 114 (LexisNexis MatthewBender).Cooperative Housing Law and PracticeForms, Release no. 70 (LexisNexisMatthew Bender).Drafting New York Wills: Laws andForms, 3rd edition, Release no. 79(LexisNexis Matthew Bender).Entertainment Industry Contracts,Release no. 67 (LexisNexis MatthewBender).The Law of Torts, 2010 Pocket Parts(Thomson West).Life and Health Insurance Law, 2nd

edition, 2010 Supplement (ThomsonWest).New York Trial Guide, Release no. 20

(LexisNexis Matthew Bender).O’Neal and Thompson’s CloseCorporations: Law and Practice,Revised 3rd edition, 2010 Supplement(Thomson West).Prosecution and Defense of ForfeitureCases, Release no. 46 (LexisNexisMatthew Bender).Rasch’s Landlord and Tenant, 4th edi-tion, 2010 Pocket Parts (Thomson West).Recovery for Wrongful Death andInjury, 4th edition, 2010 Supplement(Thomson West).West’s New York Digest, 4th edition,2010 Pocket Parts (Thomson West).

PERIODICALSAssociates Survey, The American Lawyer(September 2010).Court of Appeals and Appellate Practice,New York Law Journal Special Section(August 24, 2010). Litigation: Focus Intellectual Property,New York Law Journal Special Section(August 16, 2010).

Electronic Research CenterCLE Programs in October

Wednesday, October 13 10:30 - 11:30 AMLEXIS: II1 MCLE Credit: 1 Skills; TransitionalMember: Free Non-Member: Free

Wednesday, October 1312:00 - 1:00 PMLEXIS: EXPERT WITNESS 1 MCLE Credit: 1 Skills; Transitional

Member: Free Non-Member: Free

Wednesday, October 131:30 - 2:30 PMLEXIS: PUBLIC RECORDS1 MCLE Credit: 1 Skills; TransitionalMember: Free

Friday, October 1510:00 - 11:00 AMWESTLAW: ADVANCED1 MCLE Credit: 1 Skills; TransitionalMember: Free Non-Member: Free

Friday, October 1511:30 AM - 12:30 PMWESTLAW: LITIGATION1 MCLE Credit: 1 Skills; TransitionalMember: Free Non-Member: Free

Wednesday, October 2010:00 AM – 12:30 PMU.S. BANKRUPTCY COURTELECTRONIC CASE FILINGSYSTEM2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85 Non-legal Staff: $35

Thursday, October 281:30 - 2:30 PMWESTLAW: BASIC1 MCLE Credit: 1 Skills; TransitionalMember: Free Non-Member: Free

Thursday, October 283:00 - 4:00 PMWESTLAW: FAMILY LAW1 MCLE Credit: 1 Skills; TransitionalMember: Free Non-Member: Free

October 2010 / The New York County Lawyer12

Message From The President(Continued From Page 1)

Library Notes(Continued from Page 7)

al connections, bar associations, organi-zations, alumni associations or othergroups or connections with commoninterests. When associates understandwhere partners have found their bestclients, they can focus on building rela-tionships through similar connections oftheir own. There is no single correct wayof generating business. Starting with whata firm has already found successful is thebest way to learn.

Training associates takes time. It is nota one-time event complete after a singleseminar or meeting; it is a continuingprocess. Partners can never start too earlyand the sooner they start, the sooner asso-ciates can make contributions and becomemore invested in the firm’s success. Evenif associates are not ready to manage theirown clients, a firm can establish handoffprocedures so associates know how to setup prospective clients with the appropriatepartners. This ensures that each new client

is treated professionally and properly.Partners might consider including associ-ates in introductory meetings or phonecalls as they gain experience. A long-termapproach with increasing involvement isfar more valuable than waiting until theday an associate is worried about makingpartner and needs to start from scratch.

Associates are often under pressure tomeet deadlines and focus only on the workin front of them. Client-developmenttraining can be an enjoyable diversionbenefiting the associate, partners and thefirm as a whole. Origination fees and otherincentives are starting points, but the bestpossible results come from well-definedparameters, ongoing training and anapproach showing that client developmentcan be one of the most rewarding aspectsof practicing law.

Mr. Korins, Russ Korins ConsultingLLC, assists law firms with practicedevelopment and marketing. Mr.Payson, a labor partner at JacksonLewis LLP, directs the firm’s trainingof associates in practice development.

Partners Can Train Associates(Continued From Page 6)

To Advertise in NewYork County Lawyer,

Call (866) 867-9121

Arbitrators and MediatorsNeeded for Attorney-Client Fee Dispute Resolution Program

The Joint Committee on Fee Disputes and Conciliation is seeking arbitrators andmediators for its Part 137 Attorney-Client Fee Dispute Resolution Program, whichprovides for the resolution of fee disputes between attorneys and clients througharbitration and mediation.

Part 137 of the Rules of the Chief Administrator makes arbitration mandatory atthe client's timely request. Most attorney-client fee disputes, where the amount indispute ranges from $1,000 to $50,000, are accepted when other applicable Rulesare met (personal injury and criminal cases are not included).

A training session is scheduled for Tuesday, November 9, from 8:30 AM to 4:30PM. Attorneys interested in becoming arbitrators in this program must be admittedto the New York bar for at least five years. Please email a resume and cover letterhighlighting any relevant experience to Lois Davis, director of Pro Bono Programs,at ldavis@nycla.org as soon as possible and no later than November 1.

Attention, Litigators: Looking for acase? Can’t find it in your reporters?

More and more cases are available in electronic format only. Please contactNYCLA’s reference staff at reference@nycla.org to help you find these often men-tioned, yet unpublished cases, online.

Desperately Seeking a Case Mentionedin the New York Law Journal?

The New York Law Journal has changed. The full text of Decisions of Interestand Decisions in the News are no longer in the print edition. The NYCLA referencestaff have access to all versions of the New York Law Journal: in print, microform,on Westlaw and through premium access at the NYLJ.com site. Our Librarians willbe happy to help you with your New York Law Journal research through our fee-based services. Contact reference@nycla.org.

RPost has set the global standard foremail proof, privacy and electronic signa-tures with its flagship Registered Email®

services. RPost services have been granted25 patents with worldwide coverage, useddaily by the U.S. government since 2003and endorsed and marketed by most ofthe influential bar associations in the U.S.RPost operates in eight languages withoffices worldwide.

Registered Email® by RPost:Provides the sender with legally valid andcourt- admissible evidence of email cor-respondence occurring from the sender’sdesktop email or directly from applica-

tions -- providing the sender with evi-dence of delivery, content and timing ofany contract notice sent by email, withoutrequiring recipients to download any soft-ware, click links or visit special websitesto open and read messages.

eSignOff® by RPost: Embeds elec-tronic signatures onto contracts by emailto and from the contracting parties –resulting in signed-off contracts withvisual, handwritten signatures scriptedonto signature lines of any document orgovernment form. After using RPost’seSignOff service, you may argue that thisinnovation should not even be consideredan electronic signature, but rather, ahandwritten signature “electronicallyapplied” to the contract, resulting in a

legally, functionally and visually equiva-lent sign off to a photocopied wet-ink sig-nature on paper.

SecuRmail™ by RPost: Provides end-to-end encrypted delivery for an emailmessage’s body text and all attachments,with straight-through delivery to therecipient’s inbox, auto delivery of decryp-tion passwords, options to reply encryptedwith court admissible records provingcompliance with security requirementsand e-discovery management for decryp-tion of litigation-related email evidence.

For special NYCLA member pricing,submit a request to sales@rpost.com andreference “NYCLA Special Offer.”Download a free trial at www.rpost.com.

October 2010 / The New York County Lawyer 13

Proof, Privacy and E-Signatures toBetter Serve Clients and ReduceAdministrative Overhead with RPost:New NYCLA Member Benefit

TIP #3: A Vexing Issue Limiting Useof E-Signatures

The electronic commerce laws permitgreat efficiencies for business transactionsby use of electronic signatures. However, theunfortunate reality is that nearly ten yearsafter the adoption of the federal E-SIGN law,many transactions are still conducted viapaper and wet-ink signature, despite thetremendous cost savings and time efficien-cies of digital signatures and email.

With regards to electronic signatures oncontracts, often legal departments uniform-

ly state that only a wet-ink handwritten sig-nature will create a legally valid contract.The reality is that click-to-sign methods areused pervasively in other industries and area valid means of signature as long as theindication for the signature is logicallyassociated with the content and made withthe intent to sign. The underlying challengefor legal departments is valid -- they havebeen trying to avoid the uncertainty of elec-tronic signatures being challenged after thefact. Most do not want to be in the positionof adjudicating an issue regarding e-signa-ture law should an e-signed contractbecome central to a dispute in court.Finally, with RPost, there is a solution tothis vexing problem.

RPost’s eSignOff® service permits you

to attach any contract to an email and sendit as you would send any email. The recipi-ent receives the email and reviews the con-tract without having to download any soft-ware or log in to another website. With afew mouse strokes, he or she can handwritea mouse-scripted signature that becomeselectronically sealed to the contract.

The process is simple and hassle free forboth the sender and the recipient, and theresulting signed-off contract has the preciselook of a traditional pen-and-ink signatureon a contract, with the added benefits offuture authentication. RPost provides bothparties with the signed-off contract, a court-admissible record of contract execution –including proof of signature, content andofficial time/date stamp – and underlying

internet forensics. This eliminates the needfor the back-and-forth exchange of hardcopies as backup and gives all parties a highlevel of assurance.

“In many industries, legal departmentshave been trying to avoid the uncertainty ofelectronic signatures being challenged afterthe fact,” remarks Brian Cohen, a lawyerand former chief marketing officer ofFarmers Insurance Group. “Having spentmany years as a practicing lawyer and sen-ior insurance executive, I see RPost’seSignOff service as a true game changer.”Mr. Cohen recently joined RPost’s board ofadvisors to guide in the market awarenessof RPost’s eSignOff service. (For moreinformation about RPost, NYCLA’s newestmember benefit, refer to the article below.)

THIRD in a Series of Three Tips for Lawyers

The first edition of NYCLA’s 2010New York County Criminal CourtsManual, a valuable tool for attorneyspracticing criminal law in Manhattan,produced by members of NYCLA’sCriminal Justice Section, was pub-lished in August. Among the topicscovered by the 140-page Manual are:the structure of the Criminal Court,commencement of action, arraignmentpractices in Criminal and SupremeCourts, plea and sentencing issues,pre-trial hearings, a step-by-step guideto Criminal Court trials and post-judg-ment issues. The Manual also containscomprehensive directories of judicialand non-judicial personnel. To viewthe Table of Contents, go towww.nycla.org.

Proceeds from sales of the Manual,

which costs $50 for NYCLA membersand $100 for nonmembers, will helpunderwrite the Criminal JusticeSection’s annual Public ServiceFellowship Essay Competition. Thiscompetition awards at least a $2,000stipend to one newly admitted prose-cutor and one newly admitted institu-tional defense attorney who has at least$30,000 in educational debt.

TO ORDER: Complete the orderform below and mail it with yourcheck (made payable to NYCLA) orcredit card information to: NYCLA -Criminal Courts Manual, 14 VeseyStreet, New York, NY 10007. ContactRuth Zipper at 212 267-6646, ext. 223or rzipper@nycla.org for more infor-mation.

2010 New York County Criminal Courts Manual

COST: $50 for members; $100 for nonmembers

Number of copies @ $50/NYCLA member rate __ NYCLA ID Number______________________

Number of copies @ $100/non-member rate__

Name ________________________________________________________

Firm _________________________________________________________

Address ______________________________________________________

Phone____________________Email_________________________________

Credit card number ___________________________Exp. date_________Check enclosed �

First Edition of New York CountyCriminal Courts Manual Published

Member Benefit: RPost® – A Simple, Easy-to-Implement Solution

October 2010 / The New York County Lawyer

Way. Previously, she oversaw a programon law and American life at the Universityof Pennsylvania's Annenberg PublicPolicy Center. In 1992, she argued beforethe U.S. Supreme Court in PlannedParenthood v. Casey, which preserved awoman's constitutional right to reproduc-tive choice. She co-founded the Center forReproductive Law and Policy and has along career as a public interest attorney.Ms. Goldschein is the director of StateAdvocacy for the ACLU ReproductiveFreedom Project. In this role, she assiststhe organization's affiliates around thecountry in their public policy.

If you are a parent with school-age chil-dren, you will not want to miss a specialprogram on Tuesday, October 26 – Kids’Stuff: How to Make the Most of RecentTax Law Changes to Fund YourChildren’s Education Without GoingBroke. No matter how many children youare educating, paying for college continuesto be a challenge. Learn how to make themost of the recent tax law changes to fundyour children's and/or grandchildren'saccounts. Our panelists include Kalman A.Chany, author, Paying for CollegeWithout Going Broke (Random House/Princeton Review Books), and LorayneFiorillo, managing director – investments,Wells Fargo Advisors, who will covereducation IRAs, Uniform Gift to MinorsAct Accounts and the new, improved 529accounts. You will learn the ins and outsof these different college-savings vehicles.

On Tuesday, October 18, ProfessorGloria Browne-Marshall will conduct thesecond lecture in her series on Race, Lawand American Society by presenting Race,Law and Women’s Rights. Join us asProfessor Browne-Marshall leads atten-dees through the journey of women as theyattempted to establish their rightful placein American society. On Thursday morn-ing, October 29, the Community HousingImprovement Program will co-sponsor aprogram, Non-Payment Proceedings:Bringing Successful Cases andObtaining the Fair Rent Owed. This pro-gram will cover the essential elements forbringing non-payment proceedings,including setting up systems to discoverlate or non-payment of rent; preparing andserving court documents; the Rent DepositLaw and how to get a judge to enforce it;stipulations of settlements; and how to col-lect money judgments.

NYCLA’s Ethics Institute Update:The New York County Lawyers’Association (NYCLA) announces the pub-lication of The New York Rules ofProfessional Conduct, edited by theNYCLA Ethics Institute and published byOxford University Press. In April 2009,New York State adopted the Rules ofProfessional Conduct, which are the ethi-cal rules governing all attorneys licensedto practice in New York. The New YorkRules of Professional Conduct providesattorneys with the most current case law,

opinions and in-depth commentary gov-erning ethical conduct. NYCLA membersare entitled to a special discount when pur-chasing the publication. Visit theMembership Benefits section of theNYCLA website for further details on howto order the publication.

On October 25, the Ethics Institute willco-sponsor the program, Is CriminalLawyering About Truth? Leading theprovocative discussion will be ProgramChair Joel Cohen, Stroock & Stroock &Lavan LLP [Mr Cohen’s novel Truth BeVeiled, is reviewed on page 7.] The panelof prosecutors and defense attorneys,including Andral Bratton, principalattorney, Appellate Division, FirstJudicial Department, Loretta E. Lynch,U.S. Attorney, EDNY, and defense attor-neys Thomas Puccio, Esq. and IvanFisher, Esq. will explore the key issue ofwhether criminal lawyers should ascertainthe complete truth from their clients, aswell as other ethical dilemmas confrontedby criminal practitioners. This is one pro-gram that no attorney will want to miss!

Celebrate Halloween and Oktoberfestwith Membership and CLE Institute

The CLE Institute and NYCLA’sMembership Department are co-sponsor-ing a Halloween and Oktoberfest event onThursday evening, October 28. Enjoy beerand pumpkin martinis as you mingle withfellow NYCLA members and enjoy fes-tive refreshments. Come in costume asyour favorite lawyer, criminal or judge –real or fictional – and be eligible to winone of our valuable prizes. The festivitiesare FREE to NYCLA members. NYCLAmembers can bring a non-member friendfor a mere $15. Join NYCLA before theevent and attend the party for FREE.RSVP: agluck@nycla.org

Save the DateProtecting Trademarks in a Virtual

World, Monday, November 1, 9:00 AM –11:00 AM

Bridge the Gap 1, Friday and Saturday,November 5 and 6, 9:00 AM – 5:00 PM

Third Annual Art Litigation andDispute Resolution Institute, Friday,November 19, 8:30 AM – 5:30 PM

NYCLA’s CLE Institute now anAccredited Provider in New Jersey

New York County Lawyers'Association’s CLE Institute is currentlycertified as an Accredited Provider of con-tinuing legal education in the State of NewJersey. Courses qualifying for CLE creditin New Jersey will be so designated on theNYCLA website. Be sure to consultwww.nycla.org for program details andprogram locations.

Please Note: Tuition assistance is avail-able for qualified attorneys for live pro-grams offered by the CLE Institute. Checkour website at www.nycla.org for moreinformation and how to apply for TuitionAssistance. Check our website for coursedetails, faculty, complete program descrip-tions and pricing.

CLE PROGRAMS IN OCTOBER

Monday, October 4 5:30 – 9:00 PMBRIDGE THE GAP – SESSION DDepositions/Powerful Writing Techniquesto Help You Persuade Judges and WinClients4 MCLE Credits: 2 Skills; 2 ProfessionalManagement/Law Practice Management;Transitional and Non-transitionalEarly Registration Fee: (on or before10/2)Member: $100 Non-Member: $150Registration Fee: (10/3 – 10/4)Member: $125 Non-Member: $175

Monday, October 4 6:00 – 8:00 PMJUST ONE CLICK AWAY! THEETHICS OF EMAILS AND SOCIALNETWORKING FOR LAWYERS2 MCLE Credits: 2 Ethics (NY and NJ);Transitional and Non-transitionalEarly Registration Fee: (on or before9/2)Member: $75 Non-Member: $125Registration Fee: (10/3 – 10/4)Member: $100 Non-Member: $150

Wednesday, October 6 9:00 AM – 12:30PMESTATE PLANNING FORBUILDING OWNERS3.5 MCLE Credits: 3.5 ProfessionalPractice; Transitional and Non-transition-alEarly Registration Fee: (on or before10/4)Member: $75 Non-Member: $100Registration Fee: (10/5 – 10/6)Member: $100 Non-Member: $125

Wednesday, October 6 6:00 – 9:00 PMTHE SAFE HARBOR FOREXPLOITED CHILDREN ACT: NEWYORK'S NEW PERSPECTIVE ONCHILD PROSTITUTION3 MCLE Credits: 1 Ethics; 2 ProfessionalPractice; Transitional and Non-transitionalEarly Registration Fee: (on or before10/4)Member: $55 Non-Member: $75Registration Fee: (10/5 – 10/6)Member: $80 Non-Member: $100Public Sector/Non-Profit Attorneys: $25

Wednesday, October 13 6:00 – 9:00 PMHOW TO HANDLE A WAGE ANDHOUR CASE3 MCLE Credits (NY and NJ): 1 Ethics;1 Professional Practice; 1 Skills; Transitional and Non-transitionalEarly Registration Fee: (on or before10/11)Member: $125 Non-Member: $175Registration Fee: (10/12 – 10/13)Member: $150 Non-Member: $200

Friday, October 15 9:00 AM – 5:00 PM2ND ANNUAL DAY OF EVIDENCE7.5 Credits: 2 Ethics; 3 Skills; 2.5Professional Practice; Transitional andNon-transitionalEarly Registration Fee: (on or before10/13)Member: $175 Non-Member: $225Registration Fee: (10/14 – 10/15)Member: $200 Non-Member: $250

Tuesday, October 19 6:00 – 8:05 PM RACE, LAW AND AMERICAN

SOCIETY LECTURE SERIESRACE, LAW AND WOMEN'SRIGHTS2.5 MCLE Credits (NY and NJ): 2Professional Practice; 0.5 Ethics; Transitional and Non-transitionalEarly Registration Fee: (on or before10/17)Member: $35 Non-Member: $55Registration Fee: (10/18 – 10/19)Member: $60 Non-Member: $80

Wednesday, October 20 6:00 – 9:00 PMCHAPTER 11 BANKRUPTCY FORINDIVIDUALS3 MCLE Credits (NY and NJ): 1 Ethics;2 Professional Practice; Transitional andNon-transitionalEarly Registration Fee: (on or before10/18)Member: $125 Non-Member: $175Registration Fee: (10/19 – 10/20)Member: $150 Non-Member: $200

Monday, October 25 6:00 – 9:00 PMIS CRIMINAL LAWYERING ABOUTTRUTH?3 MCLE Credits: 3 Ethics; Transitionaland Non-transitionalEarly Registration Fee: (on or before10/23)Member: $125 Non-Member: $175Registration Fee: (10/24 – 10/25)Member: $150 Non-Member: $200Public Sector/Non-Profit Attorneys: $25

Tuesday, October 26 6:00 – 9:00 PMKIDS STUFF: HOW TO MAKE THEMOST OF RECENT TAX LAWCHANGES TO FUND YOURCHILDREN’S EDUCATIONWITHOUT GOING BROKE3 MCLE Credits (NY and NJ): 3Professional Practice; Transitional andNon-transitionalEarly Registration Fee: (on or before10/24)Member: $125 Non-Member: $175Registration Fee: (10/25 – 10/26)Member: $150 Non-Member: $200

Wednesday, October 27 6:00 – 8:00 PMSTRATEGIES FORCOUNTERACTING THE EROSIONOF REPRODUCTIVE RIGHTS INTHE U.S. TODAY2 MCLE Credits: 2 Professional Practice;Transitional and Non-transitionalEarly Registration Fee: (on or before10/25)Member: $35 Non-Member: $55Registration Fee: (10/26 – 10/27)Member: $60 Non-Member: $80Public Sector/Non-Profit Attorneys: $15

Thursday, October 28 9:00 AM – 12:30PMNONPAYMENTS PROCEEDINGS:BRINGING SUCCESSFUL CASESAND OBTAINING THE FAIR RENTOWED3.5 MCLE Credits: 2 ProfessionalPractice; 1.5 Skills; Transitional and Non-transitionalEarly Registration Fee: (on or before10/26)Member: $75 Non-Member: $100Registration Fee: (10/27 – 10/28)Member: $100 Non-Member: $125Non-attorney (no CLE): $35

Trick Or Treat At The CLE(Continued From Page 4)

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To Update Your Profile Online1. Go to www.nycla.org2. Enter your Member Information:

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October 2010 / The New York County Lawyer 15

PRACTICE OF LAW SERIESFREE programs led by experienced attorneys in informal settings to help you manage your practice.

Writing Retainer Agreements, Setting Fees and Getting Paid (Part I) October 7, 2010 - Speaker: Martin L. Feinberg

Legal, ethical and practical considerations when you write your retaineragreements and set your fees. How to treat your clients so they want to payyou.

Trial Techniques for BeginnersDecember 9, 2010 - Speaker: Jeffrey M. Kimmel

Detailed discussions concerning trial strategy, witness preparation, juryselection, opening/closing statements and direct/cross examination.Hearsay objections and other evidentiary issues will be discussed.

Writing Retainer Agreements, Setting Fees and Getting Paid (Part II) October 14, 2010 - Speaker: Martin L. Feinberg

Legal, ethical and practical considerations when you write your retaineragreements and set your fees. How to treat your clients so they want to payyou.

Legal Ethics You Need to KnowJanuary 6, 2011 - Speaker: Lewis Tesser

An inside look at the attorney disciplinary process and the new Rules ofProfessional Conduct. How to avoid disciplinary complaints. How to respondto disciplinary complaints. Professionalism and civility- not as simple as itappears.Writing Retainer Agreements, Setting Fees and Getting Paid (Part III)

October 28, 2010 - Speaker: Martin L. Feinberg

Legal, ethical and practical considerations when you write your retaineragreements and set your fees. How to treat your clients so they want to payyou. Great Tips for Building a Successful Practice

January 13, 2011 - Speaker: Doron Zanani

With over 20 years of experience, Doron provides his top suggestions forbuilding a successful solo and small-firm practice. The emphasis is on spe-cific, straightforward, no-holds-barred, practical advice and personalinsights.

What Every Lawyer Needs To Know About The Part 137 Fee DisputeResolution Program November 18, 2010 Speakers: Martin L. Feinberg and Heidi Leibowitz

Your rights and responsibilities when your client disputes your fees and thelaw requires that you arbitrate.

Preparing a Trial Notebook December 2, 2010 Speaker: Jeffrey M. Kimmel

Learn the basics of preparing a trial notebook, issuing subpoenas, juryselection, opening/closing statements and direct/cross examination.Evidentiary issues, including in limine motions, demonstrative evidenceand objections will be discussed.

Litigating Your Fee DisputeJanuary 27, 2011 - Speaker: Doron Zanani

No need to arbitrate? Go to court. Practical suggestions to recover yourfees from former clients who refuse to pay. Covers discovery, motion prac-tice, pretrial conferences, inquests, trial and more. Based on actual experi-ence.

PRACTICE OF LAW - FREE SERIES FOR NYCLA MEMBERSLOCATION: Home of Law - 14 Vesey Street (between Church Street and Broadway) TIME: 6:00-8:00 PM TO REGISTER: Circle dates of all programs you wish to attend & fax: 212-406-9252 or email: agluck@nycla.org.

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Date of filing: Sept. 29, 2010Title of publication: New York County LawyerFrequency of publication: Monthly, except February and AugustLocation of known office of publication: 14 Vesey Street, NewYork, NY 10007-2992Location of headquarters or general business of publishers: 149Main Street, Huntington, NY 11743Name of Publisher: Long Islander, LLC, 149 Main Street,Huntington, NY 11743Editor: Anita Aboulafia, 14 Vesey Street, New York, NY 10007-2992Managing Editor: Marilyn J. Flood, 14 Vesey Street, New York,NY 10007-2992The owner is: New York County Lawyers’ Association, 14 VeseyStreet, New York, NY 10007-2992Average No. of Copies Each Issue During the Preceding 12Months: Total No. Copies Printed (Net Press Run): 12,891Paid In-County Circulation: Mail Periodicals Subscription: 6,512Paid Out-of-County Circulation: Mail Periodicals Subscription:3354

Total Paid Circulation: 9866Free Distribution (including Samples) by Mail, Carrier or OtherMeans: 300Copies Not Distributed: 25Total Distribution (Sum of C &F): 12866Total Equals Net Press Run Shown in A

No. Copies of Single Issues Published Nearest to Filing Date(Sept. 2010)Total No. Copies Printed (Net Press Run): 12471Paid In-County Circulation: Mail Periodicals Subscription: 6102Paid Out-of-County Circulation: Mail Periodicals Subscription:3344Total Paid Circulation: 9446Free Distribution (including Samples) Carrier or Other Means:300Copies Not Distributed: 25Total Equals Net Press Run Shown in A: 12471I certify that the statements made by me above are correct andcomplete. Peter Sloggatt 9/29/10

STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION(Act of Oct. 23, 1974: Section 4360, Title 39. United States Code)

October 2010 / The New York County Lawyer16

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