I N S I D E

M a r c h 2 0 0 8 V o l u m e 4 / N u m b e r 2V i s i t u s a t w w w . n y c l a . o r g

CENTENNIAL PAGEIn Honor of Women’sHistory Month:Dorothy Kenyon

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MEMBER PROFILEKaren Freedman

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MESSAGE FROMTHE PRESIDENTCatherine A. Christian

PROJECT RESTORE

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I n 1973, the Supreme Court made a landmark decision regardingabortion in Roe v. Wade when it struck down many state lawsrestricting abortion in the U.S. That same year, NYCLA

President Wilbur Friedman appointed Edith I. Spivack chair of anewly created Special Committee on Women’s Rights. TheCommittee soon became a standing committee and has beenhighly regarded since that time for its advocacy of equal rightsunder the law for women.

Under Ms. Spivack’s leadership, the Women’s Rights Committee(WRC) examined and issued reports on: protective legislation forwomen in industry, underrepresentation of women employees in thecourt system, disparity in estate law, tax relief for working parents,child care, maternity benefits and practices, civic discrimination andequal rights, and women’s property rights.

Rosalind S. Fink, Of Counsel, Brill & Meisel, NYCLA’s firstwoman president (1997-1998) and one of the first members of theWRC, reminisced. “Edith guided each of us with wisdom, commonsense and a unique generosity of time and spirit. Our committee’sfirst luncheon forum,” she recalled, “featured Ruth BaderGinsburg, then a professor at Columbia Law School, speaking onGender and the Constitution.” Ms. Fink also served as chair of the

committee from 1981 to 1984.When asked why she decided to join NYCLA, Kay Murray said,

“Because my husband had been a member of the ExecutiveCommittee of what is now the New York City Bar Association, Ipreferred to join an association in which I could establish a namefor myself. In addition, at that time I was an associate in a WallStreet law firm and it was more convenient for me to leave myoffice to attend meetings at NYCLA for a couple of hours andthen walk back to the firm rather than make the trip to midtown.Although I was over 40 years old, I was a very junior lawyer andappreciated the welcome I received when I joined the WRC andthroughout the nine years I served on the Committee.”

“The Committee,” explained Kay Murray (who chaired theWRC from 1984-1986), “provided me with an opportunity todevelop skills that greatly benefited my service on other commit-tees and boards on which I have served since then. These includedtasks not taught in law school, such as taking accurate and conciseminutes, delegating assignments and following up to ensure com-pletion of the task, steering discussion to a consensus and matchingthe abilities of members with tasks that needed to be done.”

According to Barbara T. Rochman, former president of NOW-NYC who served as WRC chair from 1990 to 1993, Ms. Finkrecruited her to join NYCLA. In 1987, Ms. Rochman chaired aWRC subcommittee that issued a three-part report,Implementation of the Report of the New York Task Force onWomen in the Courts. Lynn Kelly, who worked at The Legal AidSociety, chaired the committee at the time. “The WRC report,” Ms.Rochman explained, “analyzed the participation of women in

GERALDINE FERRAROTO RECEIVE EDITH I.SPIVACK AWARD

3

In the fall of 2006, the Women’s Rights Committee and GenderFairness Committee of the New York County Supreme Court,Criminal Term, hosted a public forum examining the experiencesof women jurists and lawyers. Forum participants were (seated,from left to right): Hon. Dianne Renwick, Justice of the SupremeCourt, Bronx County; Hon. Angela M. Mazzarelli, Associate Justice,Appellate Division, First Department, who served as moderator;and Professor Penelope Andrews, CUNY School of Law. Standing(from left to right) were: Marcia J. Goffin and Hon. Eileen A.Rakower, co-chairs of the Women’s Rights Committee; Hon.Bonnie G. Wittner, Judge, Criminal Court of New York City, andChair, Gender Fairness Committee; and Ruth Cowan, SeniorScholar, Women and Politics Institute, American University’sSchool of Public Affairs. During the lively question-and-answersession, the women shared their personal and professional experi-ences. They all agreed that they had had strong women rolemodels while they were growing up and mentors – both men andwomen – who have supported them throughout their careers.

Several members of the Women’s Rights Committee pose withtheir chair, Edith I. Spivack (second from left), in a photo taken inthe 1970s. Pictured are: Annette Elstein (first person on left),Elizabeth Holtzman, then member of the U.S. House ofRepresentatives (third from the right), Rosalind S. Fink (secondfrom the right) and Peggy McDowell ((far right).

Women’s Rights Committee:A bellwether in the advocacy of women’s rights

SAVE THE DATE

The New York County Lawyers’ Association’s AnnualMeeting will take place on Thursday, May 22, 2008 begin-ning at 5:30 PM at St. Paul’s Chapel, across the street fromthe Home of Law.This Annual Meeting will celebrate the Centennial Year of theNew York County Lawyers’ Association. Following the meeting,a reception will take place at the Home of Law.

See WOMENS RIGHTS, Page 14

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M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r 3

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

C E N T E N N I A LC A L E N D A R O F E V E N T S

Centennial Calendar of Events…3Centennial Page...11

Women’s History Month: Dorothy KenyonRemembrance of Things Past

CLE Programs...15CLE Tech Programs...9Ethics Hotline…8Events in Lower Manhattan…12Gender Fairness Committee PresentsProgram on Human Trafficking...17Geraldine Ferraro to Receive Edith I.Spivack Award…3Isn’t it Time to Revisit InsuranceDisclosure in New York?…9Lower Manhattan Events…12Meet and Greet Reception...4Meet the Chairs…7Member Benefits…4, 7Member Profile…6

Members in the News…6Message from the CLE Director…8Message from the NYCLA FoundationPresident…4Message from the President…5New Museum Opens…12NYCLA to Host Book-SigningReception…3Past Events…10Practice of Law Series...13Pro Bono Opportunities Expanded…6Public Policy Developments…6Remembrance of Things Past…11Save the Date: NYCLA’s AnnualMeeting...1Spotlight on Litigation…8

Message from CLE DirectorTips on Jury Selection31st Annual Civil Trial Practice Institute

Women’s Rights Committee…1

T A B L E O F C O N T E N T S

MARCHCENTENNIAL CELEBRATION EVENT:JUDICIAL RECEPTIONThursday, March 6 6:00-7:30 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREE: By invitation and for members only The reception recognizes Newly Elected,Appointed, Re-Elected and Re-AppointedJudges of the New York State Court ofAppeals and the First Judicial District. SpecialPresentation to Hon. Ann T. Pfau, ChiefAdministrative Judge of All New York StateCourts.RSVP: amendez@nycla.org and write ‘JudicialReception 2008’ in Subject line.

CENTENNIAL CELEBRATION EVENT INHONOR OF WOMEN’S HISTORYMONTH: EDITH I. SPIVACK AWARDRECEPTIONMonday, March 17 6:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREE: By invitation and for members only Honoree: Geraldine A. Ferraro, attorney,Democratic politician and former member ofthe U.S. House of Representatives, is bestknown as the first and only woman to date torepresent a major U.S. political party as a can-didate for Vice President (in the 1984 election).Ms. Ferraro was later appointed as ambassadorto the United Nations’ Human RightsCommittee and is currently a businesswoman.Award Presenter: Hon. Carolyn B. Maloney,U.S. CongresswomanRSVP: vfeliciano@nycla.org and write ‘March17 event’ in Subject line.(For more information, please refer to thearticle on this page.)

CENTENNIAL CELEBRATION EVENT:REAL ESTATE AND TAXATION ISSUESOF ESTATE PLANNINGMonday, March 246:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREESponsors: Real Property and Estates & TrustsSections, and Elder Law and Taxation CommitteesSpeaker: Martin M. Shenkman, Esq., Partner,Martin M. Shenkman, P.C.,Mr. Shenkman, who has written 32 books ontaxation, estate planning and related topics,will discuss: real estate investments held intrusts and estates, problems with life estates,recent IRS ruling about passive loss rules whenreal estate is owned by a trust, presentation ofan illustrative estate plan to transfer large realestate holdings to children, miscellaneousestate drafting and planning considerations forreal estate assets, and religious issues clientshave in real estate transactions.RSVP: dlamb@nycla.org and write ‘March 24event’ in Subject line.

CENTENNIAL CELEBRATION EVENT:HUMAN TRAFFICKING AND MODERNDAY SLAVERY ISSUESMonday, March 315:30-7:00 PMPlace: Manhattan Criminal Court, 100 CentreStreet, Room 535FREESponsors: NYCLA, Gender FairnessCommittee of the Criminal Court of the Cityof New York - New York County, New YorkWomen’s Bar AssociationPresenters: Gabriela Villareal, Anti-TraffickingProgram, Safe Horizon, and Sapna Patel, Esq.,Sex Workers Project, Urban Justice CenterRSVP: Robert West atrewest@courts.state.ny.us or 646-386-4700.(For more information about this event, pleaserefer to page 17.)

APRILCENTENNIAL CELEBRATION EVENT:BOOK SIGNING WITH JILL NORGREN,

AUTHOR OF BELVA LOCKWOOD: THEWOMAN WHO WOULD BE PRESIDENTWednesday, April 166:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREEReading and book signing.(For more information, please refer to thearticle on this page.)

CENTENNIAL CELEBRATION EVENT:NANETTE DEMBITZ LECTUREThursday, April 176:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREEThe lecture topic will be the effects of ASFAand New York’s permanency legislation on theFamily Court. (More information will appearin the April issue.)RSVP: dlamb@nycla.org and write “April 17event’ in Subject line.

CENTENNIAL CELEBRATION EVENT:NATIONAL ASSOCIATION OF CRIM-INAL DEFENSE LAWYERS PUBLICHEARING – PROBLEM-SOLVINGCOURT TASK FORCETuesday, April 30 and Wednesday, May 19:00-5:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREESponsor: Criminal Justice Section and CivilRights Committee(More information will appear in the Aprilissue.)

MAYCENTENNIAL CELEBRATION EVENT:THE FINANCIAL CONSEQUENCES OFCRIMINAL CONVICTIONS - NEW FEESAND FINES IN NEW YORK’S CRIMINALJUSTICE SYSTEMThursday, May 156:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREESpeakers (list in formation): Glenn Martin,Associate Vice President of Policy andAdvocacy for the Fortune Society; AlanRosenthal, Executive Director of the Centerfor Community Alternatives; and MichaelYavinsky, Chief Court Attorney of the CriminalCourt of the City of New York and Co-Chair ofthe NYCLA Criminal Justice SectionModerator: David Udell, Director of theJustice Program, Brennan Center for JusticeThe financial penalties imposed, directly orindirectly, as a result of a criminal convictionare among the least considered of the collat-eral consequences. Local and state govern-ments, as well as the federal government,impose a vast array of fines, fees, costs, penal-ties, surcharges, forfeitures, assessments, reim-bursements and restitutions against peopleconvicted of criminal offenses. Panelists willdebate the new legal financial obligations –their consequences for individuals, significanceto the courts and society and the practicalopportunities for their possible reform.Sponsors: Criminal Justice Section, NYCLAJustice Center, and Civil Rights Committee

CENTENNIAL CELEBRATION EVENT:NYCLA’S ANNUAL MEETINGThursday, May 225:30 PMPlace: Ceremony at St. Paul’s Chapel (acrossthe street from NYCLA); Reception atNYCLA Home of Law – 14 Vesey StreetFREEA presentation of the President’s AnnualReport and the Treasurer’s Report and theinduction of NYCLA officers and directors.NYCLA officers to be inducted include: AnnB. Lesk as President and James B. Kobak Jr. asPresident Elect.(More information will appear in the Aprilissue.)

On Monday, March 17, as part of theAssociation’s Women’s History Month cele-bration, NYCLA’s 11th Annual Edith I.Spivack Award will be presented toGeraldine A. Ferraro, an attorney,Democratic politician, former member ofthe U.S. House ofRepresentatives andbusinesswoman, at areception at theNYCLA Home of Lawat 6:00 PM. Mostnotably, Ms. Ferraro isthe first and onlywoman to date to repre-sent a major U.S. polit-ical party as a candidatefor Vice President (inthe 1984 election). Theaward will be presentedby Hon. Carolyn B. Maloney, U.S.Congresswoman, member of the JointEconomic Committee, chair of the HouseFinancial Services Committee’s Financial

Institutions Subcommittee and 2006 recip-ient of the award. The topic of Ms. Ferraro’sspeech will be women in politics.

In honor of Ms. Spivack, the NYCLAFoundation established the Edith I. SpivackFund for Women in Law and Society in2005 to support programs for women andcelebrate the achievements of women, bothin the profession and in the larger society.Tax-deductible donations to the Fund canbe made in memory of Ms. Spivack andshould be made payable to the “NYCLAFoundation – Spivack Fund” and sent toMarilyn J. Flood, Esq., Executive Directorof the NYCLA Foundation, 14 VeseyStreet, New York, NY 10007.

For more information about Ms.Spivack, please refer to the article,Remembrance of Things Past, by RosalindS. Fink, former NYCLA president andmentee of Ms. Spivack, on page 11.

To rsvp to the event, please email vfeli-ciano@nycla.org and write ‘March 17event’ in Subject line.

Geraldine Ferraro to receive Edith I.Spivack Award on March 17

Geraldine A. Ferraro

On Wednesday, April 16 at 6:00 PM,NYCLA is hosting a book-signing recep-tion for the biography Belva Lockwood:The Woman Who Would Be President byJill Norgren, professor emeritus of govern-ment at John Jay College of CriminalJustice and the Graduate Center of theCity University of New York. The bookchronicles the life of Ms. Lockwood (1830-1917), who made history as a candidate forthe U.S. presidency in 1884 and 1888. Sheran for president on the slate of the EqualRights Party. She campaigned on suchissues as high tariffs on foreign manufac-tured goods, currency reform, temperanceand a foreign policy geared to interna-tional arbitration.

Belva A. B. LockwoodBelva A. B. Lockwood was a lawyer,

suffragist, pacifist and feminist. In 1879, shesuccessfully rallied Congress and won theright for women lawyers to practice beforethe Supreme Court. A few weeks after thebill passed, Ms. Lockwood herselfappeared before the Supreme Court andbecame the first woman admitted to prac-tice there. Interestingly, six years earlier,

the Supreme Court had upheld a lowercourt’s ruling in Bradwell v. Illinois thatthe Illinois bar could refuse to admit MyraBradwell, a Chicago attorney who prac-ticed law with her husband, both of whomwere active campaigners for women’s suf-frage. The doctrine on which the SupremeCourt had based its ruling was one thathad been in place throughout most of the1800s. The doctrine, ‘coverture,’ was anEnglish common-law tradition stipulatingthat a married woman and her husbandwere one person and that person was thehusband. Under ‘coverture,’ marriedwomen were considered civilly dead.

Ms. Lockwood, who graduated fromNational UniversityLaw School, wasone of the foundersof both the EqualRights Party andWashington, D.C.’sfirst suffrage group,the UniversalF r a n c h i s eAssociation. In

NYCLA to host book-signing reception:Belva Lockwood: The Woman

Who Would Be President

See BOOKSIGNING, Page 14

4 M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r

I want to remind all of ourreaders that the CentennialCapital Campaign is in full swing.A number of you respondedalmost immediately, and gener-ously, and contributed nearly$25,000 within a few weeks ofreceipt of the appeal letterreprinted below. The Foundationhas now raised over $1,500,000from all sources for its campaignand is approaching many poten-tial donors. But NYCLA’s needsand mission are as critical as everand we need the support of ALLour members. A sincere thankyou to everyone who has donatedso far and a call to everyone elseto review the letter and levels ofgiving reproduced below andcontribute what you can to sup-port NYCLA’s future.

Dear Friend:Founded in 1908, NYCLA is cele-

brating its Centennial year with myriadprograms, fora and receptions – somelooking back at its vibrant heritage andothers looking forward to the future ofNYCLA and the profession. I hope youwill take part in these activities. At thesame time, the NYCLA Foundation hasembarked on a NYCLA CentennialCapital Campaign and I hope you willparticipate in that effort as well. Supportby all our members is critical to main-taining a Home of Law for all lawyers inNew York ? in both a metaphorical andliteral bricks-and-mortar sense.

NYCLA’s Home of Law – its land-mark Cass Gilbert building at 14 Vesey

Street – is where many NYCLA activi-ties occur and where, for example,Thurgood Marshall did some of theresearch that preceded Brown v. Boardof Education. This 78-year-old Home ofLaw needs maintenance and repair anda judicious overhauling to meet theneeds of modern lawyers. The NYCLAFoundation commissioned a thorougharchitectural study, which has led to abasic plan for major work on both theexterior and interior of the building. Ata bare minimum, the cost of this neces-sary effort is in the range of $5,000,000to $8,000,000 to be incurred over thenext several years. This work simplymust be done and cannot be deferredany longer. Once it is done, the buildingshould be sound for many years into thefuture, and NYCLA’s facilities, and

therefore ultimately, its programs andservices, will be improved.

And, of course, aside from thebuilding, endowment funds continue tobe as necessary as ever to support andenrich NYCLA’s programming and ser-vices for lawyers and the public.

Through the Centennial CapitalCampaign, launched in May 2005, wehave approached major law firms, foun-dations and governmental sources andhave raised almost $1,500,000 already.But to do what needs to be done, we needthe support of every one of our members.

Because the need is so critical, we areasking every NYCLA member to partic-ipate at some level in our CentennialCapital Campaign.This Campaign super-sedes our Annual Appeal for 2008 sothat we can concentrate our attention on

our capital and endowment needs. Also,NYCLA is foregoing any dues increasefor 2008 in honor of the Centennial.Anyone contributing $100 will receive aCentennial DVD about NYCLA andwill be a Centennial Member of theCampaign. Those who give at higherlevels will be eligible for other specialgifts commemorating the Centennial,which include an engraved Tiffanycrystal Windham box, a special limited-edition Centennial print and an auto-graphed copy of Brethren and Sisters ofthe Bar: A Centennial History of the NewYork County Lawyers’ Association, anengaging and informative book writtenby Edwin David Robertson, NYCLA’sImmediate Past President.

I hope you will carefully consider thecontribution levels described below,along with the gifts the NYCLAFoundation will provide, and be as gen-erous as possible. Contributions of$1,000 or more may be pledged over twoyears. Contributions at the levels of$5,000 carry permanent recognition andnaming opportunities are available fordonations of $15,000 or more.

Donors to the Centennial CapitalCampaign can send their contributions(made payable to the NYCLAFoundation) to the NYCLA Foundation,14 Vesey Street, New York, NY 10007 ormake their contributions online by log-ging on to www.nycla.org and clicking onNYCLA Foundation and then on OnlineGiving.

Sincerely,James B. Kobak Jr.President, NYCLA Foundation

CONTRIBUTION LEVELContribution Designation NYCLA Foundation Gift/Recognition$100 Centennial Member NYCLA Centennial DVD$250 Centennial Friend Autographed Centennial Book$500 Centennial Partner Limited Edition Print $1,000 Centennial Fellow Autographed Centennial Book and

Limited Edition Print$2,500 Centennial Supporter Autographed Centennial Book, Limited

Edition Print and Recognition on Plaque at the Home of Law

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

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

A M E S S A G E F R O M T H E P 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

James B. Kobak Jr.

NYCLA members are now eli-gible to enroll in a Best Buy forBusiness group discount program.Prices are determined on an item-by-item basis and based on a percentageover the store’s cost, NOT a discountoff the store’s published price. Totake advantage of the NYCLA dis-count, please go to www.nycla.org,log in and click on Benefits in theMembers-Only section, then click onLeisure & Retail Discounts in thedropdown menu. Orders can be

placed between 8:00AM-5:00PM,Monday through Friday EST withthe Account Executive or you canorder online 24 hours a day, 7 days aweek once you have established anaccount.

Tickets are $19.50 (regularly$24.50). *Family of four saves$20.

Seats are limited andavailable on a first-come,first-served basis.

Please call first toassure that tickets areavailable. Make checkspayable to NYCLA or pay bycredit card. Send payment and a

self-addressed, stamped envelopeto: NYCLA, Circus, 14 Vesey

Street, New York, NY 10007.Tickets can also be pickedup at NYCLA (betweenBroadway and ChurchStreet).For more information, call

Cindy Fragliossi at 212-267-6646, ext. 209 or email

cfragliossi@nycla.org.

TAKE YOUR FAMILY TO THECIRCUS - SAVE $20.00*

New member benefit - Best Buy for Business

The Ringling Bros. and Barnum & Bailey CircusSaturday, March 22 – 11:00 AM

M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r 5

It has been well documented thatthe majority of offenders who are re-arrested for crimes are unemployedat the time of their re-arrest. Theabsence of gainful employment hasbeen shown to be the most apparentcause of recidivism. To help combatthis problem, two New York City dis-trict attorneys arespearheading pro-grams to assistoffenders success-fully re-entersociety and avoidrecidivism. Since1999, KingsCounty DistrictAttorney CharlesHynes’s office hasrun a program called“Community and LawEnforcement ResourcesTogether” (ComALERT).ComALERT aids ex-offenders byproviding them with transitionalhousing, educational assistance, coun-seling and permanent job placementassistance. The program was createdby former Kings County AssistantDistrict Attorney Patricia L. Gatling,New York City’s Commissioner ofHuman Rights. Then, in February,New York District Attorney RobertM. Morgenthau announced that hisoffice had begun the “Fair ChanceInitiative,” an effort to assist recentlyreleased offenders adjust to life out-side of prison. As part of the “FairChance Initiative,” the DistrictAttorney’s Office will work with theNew York State Division of Paroleand many re-entry providers toaddress the major issues confrontingex-offenders, which include the avail-ability of programs offering sub-stance abuse treatment and jobtraining, as well as the critical needfor housing.

The New York County Lawyers’Association has long been com-mitted to addressing other barriersto successful re-entry, namely, thecollateral consequences of criminalconvictions. One of the mostcommon collateral consequenceand a significant barrier toobtaining sustainable employmentis the discretionary denial oflicenses based solely on prior con-victions. We have all read about ex-offenders who have been thwartedin their efforts to start a new lifebecause of their past. What these

ex-offenders discovered after theywere convicted or completed theirsentences was that they still have tosuffer the consequences of theirconvictions. There is the formerlyincarcerated offender who receivedtraining in barbering but wasunable to obtain a license in his

trade because of his prior convic-tion. There is also the graduate stu-dent unable to obtain a professionallicense because of a regrettableyouthful mistake.

Collin Bull, Chair of NYCLA’sCivil Rights Committee, recentlystated that the “perpetual punish-ment of people who have paid theirdebt to society is a civil rightsissue.” In July 2007, his committeesponsored a public hearing withthree New York State AssemblyCommittees titled“Formerly IncarceratedIndividuals Barriers toE m p l o y m e n t ,Opportunities andAffordable Housing.”Among the 19 wit-nesses who testified atthe hearing were ex-offenders and repre-sentatives of privateorganizations and gov-ernment agencies suchas the Fortune Society,The Doe Fund, andNew York City’s Human ResourcesAdministration and Department ofSocial Services. One witness testi-fied that after serving his sentence,he obtained an undergraduate andlaw degree. However, despite thisclear demonstration of rehabilita-tion, his application for a NotaryPublic’s license was denied becauseof his prior criminal history. Themost common application denial isthat of an ex-offender who seeks

licensure as a hair stylist.In December 2007, the NYCLA

Board of Directors approved theCivil Rights Committee’s proposalfor a new pro bono programdirected at helping these ex-offenders in their efforts at rehabil-itation. The program is called

Project Restoreand its mission is toprovide pro bonocounsel to appli-cants who havebeen deniedlicenses as a resultof an adjudicatedcriminal historythat predates thee m p l o y m e n t

license application. Jobsrequiring licenses include:barbers, cosmetologists, petgroomers and telemarketers.

In addition to licenses, these jobsrequire a background check by boththe New York State Division ofCriminal Justice Services andFederal Bureau of Investigation.Some of the organizations that willrefer their clients to Project Restoreare the: Community Service Societyof New York, Fortune Society,ICARE (Interfaith Coalition ofAdvocates for Reentry andEmployment), the NationalH.I.R.E. Network (Helping

Individuals with crim-inal records Re-enterthrough Employment)and Women’s PrisonAssociation. The pro-gram will begin thisspring and furthersNYCLA’s commit-ment to lessening thecollateral conse-quences of criminalconvictions.

Editor’s note: For fur-ther information about

Project Restore or other pro bonoprojects, call Lois Davis, Director ofPro Bono Programs, at 212-267-6646, ext. 217 or emailldavis@nycla.org. Volunteer lawyersmust be NYCLA members in goodstanding and meet additionalrequirements specific to each pro-ject. MCLE credits will be awardedto those participants who completethe project requirements.

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

Catherine A. ChristianNew York CountyLawyers’ Association 14 Vesey StreetNew York, NY 10007-2992. Phone: (212) 267-6646 Fax: (212) 406-9252

Catherine A.Christian

President

Sophia JGianacoplosExecutive Director

Mariana HoganChair, Newsletter Editorial Board

Marilyn J. FloodCounsel to NYCLA

Executive Director of the NYCLA Foundation

Anita AboulafiaEditor

Director of Communications

Nicole PierskiCommunications Assistant

Long Island Business NewsAccount ExecutivesRenee Stuto

631-913-4262Pat Kunder

631-913-4227Copyright © 2007 New YorkCounty Lawyers’ Association. All rights reserved. New YorkCounty Lawyers’ Associationgrants permission for articles andother material herein or portionsthereof to be reproduced and distributed for educational or professional use through direct contact with clients, prospectiveclients, professional colleaguesand students provided that suchuse shall not involve any matterfor which payment (other thanlegal fees or tuition) is made and provided further that allreproductions include the nameof the author of the article, thecopyright notice(s) included inthe original publication, and anotice indicating the name anddate of the Association publica-tion from which the reprint ismade. Subscription rate: $10.00per year for non-members

New York County Lawyer is published monthly (exceptJanuary and August) for $10 per year by New York CountyLawyers’ Association, 14 VeseyStreet, New York, NY 10007.Periodicals postage paid is mailedat New York, NY and additionalmailing offices. POSTMASTER:Send address changes to: NewYork County Lawyer, 14 VeseyStreet, New York, NY 10007-2992.

USPS #022-995ISSN: 1558-5786

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

Photo Credits:Anita AboulafiaCindy FragliossiErik Freeland

Carolyn Kubitschek

PROJECT RESTORE

“

“

An employment license restores an ex-offender to society’s labor market

with viable credentials. It is a motivating achievement and act of defiance against recidivism.

Collin D. Bull, Esq. Chair, NYCLA’s Civil

Rights Committee

6 M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r

MEMBER PROFILE

Name: Karen FreedmanResidence: Rockland County, New YorkStatus: Executive Director, Lawyers ForChildren, Inc.Admitted to the Bar: 1981Education: Wesleyan University, B.A.,Religion/Sociology, Summa Cum Laude; NewYork University School of Law, J.D., Root-Tilden Scholar, Hays Civil Liberties FellowPractice Area: Youth Advocacy

NYCLA Member Since 1999

Q: What brought you to NYCLA?A: I consider myself a latecomer to NYCLA. I have spent most of mycareer involved with the “other” New York bar associations. Myinvolvement with the New York State Bar Association’s Committee onChildren and the Law and City Bar’s Council on Children is ongoing.My colleagues in the field of children’s rights and youth advocacy con-vinced me to join NYCLA. I am certain that it is no coincidence thatthe attorneys whom I look to for advice, information and support areactive NYCLA members and I look forward to working with them atNYCLA in the future.

Q: What do you enjoy most about your field of practice?A: I have found that attorneys representing children are, as a group, someof the most dedicated, optimistic and professionally satisfied individualsthat I know. Coming to work every day and sharing my professional lifewith attorneys, social workers and support staff who are all united by theirdedication to improving the lives of children are both motivating and grat-ifying. As one of the founders of Lawyers For Children (LFC), I have theprivilege of looking back on close to 25 years of assisting many of LFC’syoung clients overcome enormous adversity and watching our youngclients inspire those around them in the process. I am often asked how I cancontinue representing children in abuse, neglect, foster care, termination ofparental rights and high-conflict custody cases without becoming com-pletely overwhelmed. There is no question in my mind that what makes thisongoing commitment possible is the people with whom I work and the chil-dren whom we serve. Helping young people achieve the positive changesthey seek in their lives can sustain any attorney through the excruciatingprocess of navigating an embattled child welfare system. At LFC, theopportunity to provide both individual advocacy and engage in systemicreform is the energizing combination that keeps us going.

by Malvina Nathanson, Esq.

A new disciplinary rule adoptedby the Appellate Divisions isintended to make it easier for attor-neys to render pro bono service. Therule, which permits attorneys to pro-vide “short-term limited” represen-tation under certain circumstances,means that a volunteer attorney willno longer have to commit to “soup-to-nuts” representation of an eligibleclient.

The rule (22 N.Y.C.R.R. § 1200.20-a [DR 5-101-1]) defines “short-termlimited legal services” asservices “with no expecta-tion that the assistance willcontinue beyond what isnecessary to complete aninitial consultation, repre-sentation or court appear-ance.” It applies to (1)programs sponsored by acourt, government agency,bar association or not-for-profit legal services organi-zation, (2) under whichneither the client nor the attorneyhas an expectation of continuing rep-resentation, and (3) the client signsan informed consent to the limitedscope of the representation. Alawyer with actual knowledge of aconflict of interest – either theattorney’s own conflict or that ofanother lawyer in the same firm – atthe time the representation beginsmust comply with §§ 1200.20 (DR 5-101), 1200.24 (DR 5-105) and 1200.27(DR 5-108) (concerning conflicts ofinterest stemming from a lawyer’sown interests, simultaneous repre-sentation and former clients, respec-tively). Otherwise, the disciplinaryrules concerning conflicts stemmingfrom simultaneous representation ora former client do not apply. In otherwords, it is not necessary to check if apartner has a conflict as long as youdo not know about it at the time ofthe representation. The sectionexcusing compliance with the conflictrules does not apply where the courtdetermines or the lawyer discoversduring the representation that thereis a conflict of interest precludingrepresentation.

Unfortunately, the rule isambiguous. It is not clear whether

“an initial consultation, representa-tion or appearance” means an initialconsultation or a representation oran appearance, or an initial consulta-tion, an initial representation or aninitial appearance. Further, the con-cept of representation, whether ini-tial or not, is undefined and unclear.Finally, the implication is that “short-term limited legal services” do notinclude more than one court appear-ance, representation or consultation.This will obviously create difficultieswith court appearances. It is not soeasy to withdraw from a case and

there is no indication thatthe rule will be binding oncourts, requiring them topermit “initial appearanceonly” appearances. Theonly clear aspect of the ruleis that it permits attorneysto limit their representationof a client to providingadvice, referrals, etc. duringa consultation and to thatextent the rule is salutary,enabling attorneys unable

or unwilling to commit themselves tothe duration of a case to provide probono services. It is to be hoped thatthe ambiguities will soon be clarifiedby the Appellate Divisions.

NYCLA encourages its membersto consider giving their professionalexpertise and time to one or more ofthe Association’s worthy pro bonoprojects. Here is a list of NYCLA’scurrent pro bono projects:

Project RestoreManhattan CLARO (Civil LegalAdvice and Resource Office)Article 81 Guardianship ProjectElder Law ProjectLegal Counseling ProjectUncontested Divorce Project

For further information about thesepro bono projects, go towww.nycla.org and click on ProBono Opportunities or contact LoisDavis, Director of Pro BonoPrograms, at 212-267-6646, ext. 217or ldavis@nycla.org.

Ms. Nathanson, a solo practitioner inNew York City, is a member ofNYCLA’s Professional EthicsCommittee.

MalvinaNathanson

To spotlight members who appearin the media, the New York CountyLawyer is launching this column.When you are quoted in the media,please forward the information toAnita Aboulafia, CommunicationsDirector, at aaboulafia@nycla.orgfor inclusion.

Eugene Nathanson, Boardmember, was quoted in theNovember 21, 2007 issue of theonline publication, JudicialReports, on the topic of discoverypractices in criminal cases.

Michael Yavinsky, co-chair of theCriminal Justice Section, wasquoted in the November 2007 issueof Gotham Gazette, an online pub-lication, about recently passed leg-islation requiring tougher penaltiesfor drunken drivers.

Collin D. Bull, chair of the CivilRights Committee; Lisa E.Cleary, chair of the Pro BonoCommittee; and Dora Galacatoswere featured in an article in theDecember 28, 2007 issue of theNew York Law Journal about

NYCLA’s two newest pro bonoprograms, Project Restore andManhattan CLARO..

Carol A. Sigmond, Board memberand chair of the Construction LawCommittee, wrote a book review inthe January 2008 issue of theFederal Bar Journal on BrokenBuildings, Busted Budgets: How toFix America’s Trillion-DollarConstruction Industry, by Barry B.LePatner.

Olivera Medenica, chair of theEntertainment, Media,Intellectual Property and SportsLaw Section, and Clifford A.Meirowitz and Thomas J.Pellegrino, chair of the ElderLaw Committee, were featured inthe January 11, 2008 issue of theNew York Law Journal aboutsmall-firm practitioners.

Anthony L. Soudatt, Boardmember, and Natalie Sulimani co-authored an article that appearedin the February 4, 2008 issue of theNew York Law Journal’s specialsection, Law & Technology.

NEW YORK, NY – DECEMBER28, 2007 – NEW YORK, NY –NYCLA’s Family Court and ChildWelfare Committee produced abooklet for lay people, Custody andVisitation in Family Court, whichwill be distributed in Family Courtsthroughout New York City.

NEW YORK, NY - FEBRUARY 6,2008 – NYCLA’s Family Court andChild Welfare Committee wrote aletter to the ABA Section onLitigation in support of theSection’s opposition to the UniformRepresentation of Children inAbuse, Neglect and CustodyProceedings Act, proposed by the

National Conference ofCommissioners on Uniform StateLaws (NCCUSL), which wouldeliminate the mandate of client-centered confidentiality and takefrom the child-client the right todefine the representation and givethat decision to the court. OnFebruary 11, 2008, the NCCUSLwithdrew the Act from the ABAHouse of Delegates meeting.

To read statements, reports,amicus briefs, letters and otherdocuments related to NYCLA’spublic policy initiatives, log on towww.nycla.org and click on Newsand Publications.

MEMBERS IN THE NEWS

PUBLIC POLICY DEVELOPMENTS

Pro bono opportunities expanded

M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r 7

by Nicole Pierski

We are continuing our series of pro-filing newly appointed committee and sec-tion chairs and co-chairs. Below are theprofiles of three chairs and two co-chairs.

J. PATRICK DELINCE, ESQ.DeLince Law, PLLCChair, Cyberspace Law Committee

J. Patrick DeLince is a private practi-tioner with his own law firm, DeLince LawPLLC, concentrating on employment dis-crimination and business law matters.Before establishing his own practice, hemanaged the New York branch office ofthe French law firm Thieffry & Associes, forwhich he advised American subsidiaries ofFrench companies doing business in theU.S. He also previously worked as a seniorstaff counsel at Tutoki & Levy and was ofcounsel to ITT Hartford. He is a graduateof St. John’s University School of Law.

Mr. DeLince has served on the ExecutiveCommittee of NYCLA’s CyberspaceCommittee since 1998. He also currentlyserves on the Board of the NationalEmployment Lawyers Association, NewYork Chapter, and as Chair of its E-Discovery Committee.

As Chair of the Cyberspace LawCommittee, Mr. DeLince plans to continueto present cutting-edge issues affecting theInternet and new media to NYCLA’s mem-bership and the public at large by developingand implementing new programs on Internettechnology.

GILBERT C.FERRER, ESQ.The Law Offices ofGilbert C. Ferrer,PLLCCo-Chair,Immigration andNationality LawCommittee

Gilbert C. Ferrerhas practiced immigra-tion law for 18 yearsand is currently a prin-cipal of the Law Offices of Gilbert C.Ferrer, PLLC. Previously, he served for fiveyears as senior immigration law counselboth in- and out-of-house for Dell, Inc. inRound Rock,Texas. Mr. Ferrer has a diversegroup of clients, ranging from softwaredevelopment groups to petroleum explo-ration companies and a wildlife zoo/safaripark. He is a graduate of Harvard LawSchool.

Mr. Ferrer and his co-chair EugeneGlicksman are expanding the Immigrationand Nationality Law Committee’s CLE pro-gram offerings and have entered into a jointsponsorship with the NYCLA CorporationLaw Committee on the event, “Intersectionof Immigration and Corporate/BusinessLaw-Compliance Issues under U.S.Immigration Laws When Employing ForeignLabor,” which is scheduled for April.

RONALD J.KATTER, ESQ.The Law Offices ofRonald J. KatterChair, Tort Section

Since 1991, Ronald J.Katter has run a solopersonal injury practicecovering New YorkCity’s five boroughs andthe surrounding coun-ties. Mr. Katter has sig-nificant trial and appealsexperience in both the state and federalcourts. He has also lectured at bar associa-tions and other continuing legal educationproviders on personal injury practice, law-firm management and marketing.

Before assuming the role of Chair ofNYCLA’s Tort Section, Mr. Katter served as

Solo and Small Firm Practice Committee Co-Chair from 2002-2007. He was a delegate tothe New York State Bar Association House ofDelegates (NYSBA’s governing body) from2004-2007. He is also a member of theAmerican Association for Justice, New YorkState Trial Lawyers Association, New YorkState Bar Association, Bronx Bar Associationand Brooklyn Bar Association. He is a grad-uate of Boston University School of Law.

VINOO P.VARGHESE, ESQ.The Law Offices ofVinoo P. Varghese,P.C. Chair, Solo/SmallFirm PracticeCommittee

Prior to founding hisown law firm, Vinoo P.Varghese served as asenior assistant districtattorney for the KingsCounty District Attorney’s Office from 2000to 2006. During his tenure there, he worked intrial, investigative and appellate bureaus. Mr.Varghese also ran a specialized prosecutionprogram targeting offenders who hadattempted serious assaults on police officers,called the Assault on Police Officers Program.

Outside of his work with NYCLA,Mr. Varghese is a member of the CityBar, Brooklyn Bar Association, NassauCounty Bar Association, NorthAmerican South Asian Bar Association,Queens County Bar Association, SouthAsian Bar Association of New York andWestchester County Bar Association. Heis a graduate of Brooklyn Law School.

Regarding upcoming committeeevents, Mr. Varghese said that he plans onhaving monthly meetings featuringspeakers with various areas of expertise,including accounting, insurance, mar-keting, networking and technology. OnMarch 6, committee members will discusstax tips and planning. All NYCLA mem-bers are welcome to attend.

DARIN B.WIZENBERG, ESQ.The Law Offices ofDarin B. WizenbergCo-Chair, CriminalJustice Section

Before developinghis own private prac-tice, Darin B.Wizenberg began hislegal career practicingwhite-collar criminaldefense at a large lawfirm. Seeking to grow as a courtroom advo-cate, Mr. Wizenberg joined the CriminalDefense Division of The Legal Aid Societyof New York. His private practice focuseson aggressive advocacy in all criminaldefense and civil rights matters. Mr.Wizenberg has also authored numerousarticles and is a frequent lecturer on abroad range of topics in criminal defenseand civil rights litigation. He is a graduateof Brooklyn Law School.

“I plan to build on the momentum andsuccess of one of NYCLA’s largest and mostexciting Sections,” Mr. Wizenberg said of hisplans. “Developing and expanding ourSection’s outreach programs, particularlythose designed to reach communities mostaffected by the criminal justice system will bea priority. I will also press for increased inter-action amongst NYCLA’s committees, some-times referred to as ‘cross-pollination.’ Thisincreased interaction should lead to manyfruitful collaborations that will not only ben-efit NYCLA and its members,but the greaterlegal community and public at large.”

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

Meet the Chairs

Gilbert C.Ferrer, Esq.

Vinoo P.Varghese, Esq.

Ronald J.Katter, Esq.

SpeakersHon. Bryan R. Williams,Member New York State Board of LawExaminers

Eileen Shapiro,Senior Bar ExaminerNew York State Board of LawExaminers

James T. Shed,SecretaryCommittee on Character and Fitness,Appellate Division, First Department

YOU DON’T WANT TO MISSTHIS PROGRAM!

� Learn specific techniques for increasing your essay scores

� Learn how to avoid fatal mistakes

� Learn how graders evaluate

the essays� Learn strategies for answering

difficult questions Learn what you should never, ever include in your essay answer.

� Learn tips that may make the difference between passing and failing.

� Learn how the New York multiple-choice questions are constructed and how to analyze them.

� Learn about character and fitness issues that could affect your admission to the bar.

Non members pay $25 for the programand receive a complimentary year ofNYCLA Law Student Membership.

RSVP: cfragliossi@nycla.org or callCindy at 212-267-6646, ext. 209.

NYCLA members are invited tothe 43rd season of Musicians fromMarlboro at the MetropolitanMuseum on Friday, March 21, 2008 at8:00 PM. Tickets under this offer are$25 (normally $40) and include freeadmission to the Museum. To takeadvantage of this discounted ticketoffer, please contact Tessa Chermisetat 212-581-5197, ext.12 or vcher-miset@marlboromusic.org and pro-vide your NYCLA ID number.

Haydn – String Quartet in D Major,Opus 20, No. 4Carter’s Figment IV for Solo Viola(NY Premiere) Carter – Oboe QuartetSchumann – Piano Quartet in E flatMajor, Opus 47

Save the Date! The final concertthis season will be held on April 18,2008.

Musicians from Marlboro

New member benefit– 25% discount on ABA publications

NYCLA members receive a 25 percent discount* on ABA publica-tions through an agreement with the ABA. Sample titles include: Howto Start and Build a Law Practice, 5th Edition, The DiscoveryRevolution, Law Partnership, How to Draft Bills Clients Rush to Payand The Litigation Manual: Dispositions. For a complete list of titles,members can visit www.ababooks.org.

When ordering, members must enter a special NYCLA code whenthey check out to receive the discount (the 25 percent discount will beautomatically applied). For the code, please go to www.nycla.org, login and click on Benefits in the Members Only section, then click onLeisure & Retail Discounts in the dropdown menu.

*Discount does not apply to ABA-CLE iPod products.

Deconstructing the Bar ExamWednesday, March 26, 2008 - 6:00 PM

NYCLA, 14 Vesey Street (Between Broadway and Church Street)

FREE Program for NYCLA Members

DarinWizenberg

Litigation Programs are the Focus ofthe CLE Institute This March

The CLE Institute is pleased to reprise itsever popular program, Civil Trial PracticeInstitute.A stellar panel of speakers from thebench and bar will walk litigators through theentire state trial court process on Friday andSaturday, March 7 and 8, from 9:00 AM-5:00PM.This program will also satisfy the first- orsecond-year MCLE requirements for newlyadmitted attorneys. (Fee: Members: $255;Non-members,$355). On Monday,March 10,NYCLA’s Labor Relations andEmployment Law Committee is co-spon-

soring a program, Litigating WorkplaceRights of Victims of Domestic Violence from6:00-8:00 PM. Learn about the specificemployment protections available to victimsof domestic and sexual violence and stalkingin New York City and Westchester County, aswell as how to use other federal, state andlocal laws to challenge discrimination, obtainnecessary time off or other changes at workand gain access to unemployment compensa-tion. (Fee: Members, public sector and publicinterest attorneys: $35; Non-members: $50).On Wednesday morning, March 12 from9:00-11:00 AM, we will conduct a program,How to Fight a Traffic Ticket. Everything

you ever wanted to know about the TrafficViolations Bureau - from entry of a pleathrough conducting your hearing, to handlingan administrative appeal - will be covered.(Fee: Members: $95; Non-members: $120;Non-Attorneys: $75). For practitioners whoare inexperienced in appellate practice yetfind themselves facing an appeal from apaper issued by a judge of the SupremeCourt, we are offering a program, HandlingYour First Appeal: Conquering the Detailson March 25 from 6:00-8:00 PM.The require-ments are many, precise and unforgiving.Therefore, this program will explain the rulesfor filing, perfecting and arguing an appeal in

the First and Second Departments of NewYork State. (Fee: Members: $95; Non-mem-bers: $120).

Also in March,we will offer Drafting BasicTestamentary Documents and AdvanceDirectives on Wednesday evenings, March 19and 26 from 6:00-9:00 PM. (Fee: Members:$175; Non-members: $225) Further, the nextBridge the Gap 1, a program for newlyadmitted attorneys,will be held on Friday andSaturday, April 11 and 12 from 9:00 AM-5:00PM. Please check our website for facultyinformation and registration details.

8 M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r

Message From Bari Chase, CLE Director

See CLE, Page 15

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212-837-6757

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ETHICSHOTLINE

*Questions to the Hotline are limited to aninquiring attorney’s prospective conduct.The Hotline does not answer questionsregarding past conduct, the conduct ofother attorneys, questions that are beinglitigated or before a disciplinary committeeor ethics committee, or questions of law.This notation shall not be construed to con-tain all Hotline guidelines. For a full dis-cussion of Ethics Hotline guidelines, pleasesee “Guidelines on NYCLA’s EthicsHotline, September 2006, New YorkCounty Lawyer, Vol. 2, No. 7.

by Robert S. Kelner, Esq.

The term ‘jury selection’ is actually amisnomer. With only three peremptorychallenges, trial counsel do not actually‘select’ a jury. The voir dire process onlyallows counsel to conduct a brief verbalquestionnaire that seeks to form an opinionas to which potential jurors are biased, prej-udiced or have subtle leanings favoring oneside of the case over the other. Sometimes,counsel can uncover active prejudice or biasagainst the type of case or litigant involvedin the action. More often than not, counselmust simply rely on his or her own ‘sixthsense’ to form an educated guess as towhere prejudice is lurking behind the facialor verbal expressions of jurors.

Jury selection is now more hurried and,at times, unreasonably so. Be sure youknow which method of jury selection isbeing used. In the ‘Struck Method,’ a largepanel is seated and individuals are chal-lenged for cause. Those who remain arecounted. You must question the jurors as agroup and so counsel must rely heavily onstereotypes. Thus, counsel should askloaded questions to get the maximumamount of information in the shortest timeframe possible. Another method of juryselection is a modified version of ‘White’sRules.’ Plaintiff’s counsel and defense

counsel each question six to eight jurors inthe box. When challenges stop, the juror(s)left is chosen and the box is filled againuntil a panel is selected. In Federal Court,counsel may have no chance to questionpotential jurors. Instead, counsel will givethe court a list of questions to ask.

The top priority when conducting a voirdire is to knock off the ‘monsters’ on thepanel. Don’t focus on keeping ‘good’ jurors.If jurors are ‘good’ for your side, chancesare your adversary will be seeking to havethem eliminated. Don’t pry into the lives ofthe potential jurors. Just seek relevantinformation to help you make an informedjudgment. Each side has three peremptorychallenges. Counsel can excuse a juror forany reason other than race, creed orcountry of origin. Exclusion of jurors forrace alone violates the Equal ProtectionClause. In addition, a juror can be excusedfor cause. For example, if a potential jurorstates that he or she cannot be fair or judgethe case on the evidence or if the potentialjuror is a stockholder or employee of a lia-bility insurer in a personal injury case, thatjuror can be excused.

Basically, both criminal defense attor-neys and plaintiffs’ lawyers in civil suits arelooking for potential jurors who are liberal,sensitive, ‘big-hearted’ and emotionalpeople who can ‘let go’ of preconceived

notions. A ‘compassionate conservative’will not do. Plaintiffs’ lawyers in civil casesshould avoid picking police officers andnurses.They are unlikely to empathize withthe plaintiff as they see so much pain andsuffering on a regular basis. Accountantsand lawyers should also be avoided, if pos-sible, since they tend to be more analyticaland less emotional. Further, avoid the‘kingpin juror.’ This is someone who willdominate the jury with his or her strongpersonality, knowledge or experience in aspecialized area.

When picking a jury, watch all aspects of

the jurors’ behavior – body language, eyecontact and gestures. Don’t believe whatthe jurors tell you. Instead, watch theirbehavior and determine if their words are,in fact, reasonable.

Robert Kelner is a member of the law firmKelner & Kelner, specializing in the practiceof personal injury, medical malpractice andproducts liability law. Mr. Kelner is chair ofNYCLA’s Civil Trial Practice Institute. The31st Annual Civil Trial Practice Institute willbe conducted at NYCLA on Friday March 7and Saturday March 8.

Tips on jury selection

County Lawyer Editorial PolicyThe Editorial Board of New York County Lawyer welcomes the submission of articles bymembers of the legal community for inclusion in this publication. Submissions will be editedand may not be returned to the writer for approval. The Editorial Board reserves the rightto make the final decision regarding the suitability, content and form of all submissions andfurther reserves the right to incorporate modifications and edits to same, without priornotice to the author or contributor. Materials accepted for publication are assumed to beoriginal work product and shall not contain, in whole or in part, any infringing contentunless appropriate attribution and consents have been secured by the author or contributorprior to submission to the Editorial Board. Unless otherwise indicated, all views or opinionspresented are solely those of the designated author(s) and do not necessarily representthose of the New York County Lawyers’ Association. Material(s) accepted for publicationshall appear in print and electronic formats and shall become the property of theAssociation once posted or published and may not be reprinted or otherwise utilized by anyperson or party absent the Editorial Board’s expressed written consent.

SPOTLIGHT ON LITIGATION

M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r 9

by Jonathan Meer

Part 1

IntroductionOn February 2, 2004, NYCLA sub-

mitted comments to the ABA opposingthe adoption of the Model Court Ruleon Insurance Disclosure, which was sub-sequently adopted by the ABA. TheRule recommended that lawyers dis-close on their annual registration formswhether or not they maintain legal mal-practice insurance, but it did not requiredirect disclosure of insurance to thepublic, nor did it provide minimum cov-erage limits. A number of states didadopt the rule; others adopted somevariation of it. New York State has notadopted any requirement similar to thatadopted by the ABA. NYCLA, as wellas the New York City Bar, outlined anumber of reasons why the Model Rulewas inappropriate and would actuallyhurt the legal profession in New York. Inan age when the legal profession is con-stantly questioned about its ethics andaccountability, perhaps it is time for NewYork to reconsider its position.

The ABA Model Rule andIts Supporters

Professional liability insurance pro-vides victims of malpractice an opportu-nity to obtain financial restitution.However, uninsured lawyers comprise asignificant segment of attorneys in prac-tice. In 2003, it was estimated that onethird or more of attorneys in privatepractice nationwide are uninsured. Inadopting the Model Court Rule onInsurance Disclosure, the ABA statedthat its purpose was “to provide a poten-

tial client with access to rele-vant information related to alawyer’s representation inorder to make an informeddecision about whether toretain a particular lawyer.”Specifically, the Model CourtRule on Insurance Disclosurerequires that a lawyer certify onthe annual registration state-ment “whether the lawyer iscurrently covered by profes-sional liability insurance” and whetherthe lawyer intends to maintain the insur-ance. If the lawyer does not comply, thatattorney may be suspended.

The adoption of the Model Court Ruleon Insurance Disclosure was not the firsttime the ABA addressed the issue.Previously, ABA policies recommendedthat participating lawyers in lawyerreferral services have malpractice insur-ance, while another model rule requiredforeign legal consultants to maintain pro-fessional liability insurance. In supportof this Model Rule, the ABA stated that itwanted to pass a rule that protects thepublic but does not place a significantburden on lawyers. The ABA believesthat this Model Rule meets that criterion.

Numerous reasons have been cited infavor of insurance disclosure. Someargue that disclosing malpractice insur-ance is in the public interest and thepublic believes that lawyers need to haveinsurance to be licensed to practice law.Others contend that requiring insurancedisclosure provides potential clients withaccess to relevant information whenhiring an attorney. Many clients are notknowledgeable enough to ask the rightquestions before retaining counsel andmany lawyers are not comfortable dis-

cussing fees and other businessissues with clients. At thetime the Model Court Rule onInsurance Disclosure wasadopted, ten jurisdictions hadalready addressed the issue ofmaintaining malpractice insur-ance. Some required disclosureon their annual registrationstatements; others requiredlawyers to directly disclose totheir clients their professional

liability insurance status. Only Oregonmandated professional liability insur-ance as a condition for practicing law.Since the adoption of the Model CourtRule on Insurance Disclosure, 11 morestates have adopted some sort of disclo-sure of an attorney’s malpractice insur-ance status. The record reflects that oncea state has adopted disclosure rules, asignificant rise in the number of lawyerswho then obtain insurance generally fol-lows.

Arguments Against the Model RuleOne concern is that disclosure of mal-

practice insurance coverage could createa false sense of security. It is importantto note that intentional misconduct of adishonest lawyer is often not covered bymalpractice insurance; usually only neg-ligence is covered.

There are also concerns that any dis-closure made regarding coverage mustbe sufficiently complete in order not tobe misleading. This means that a lawyermay have to disclose, in detail, the extentof his or her coverage and exclusionsand possibly the reasons for such exclu-sions. NYCLA believed that any affir-mative obligation to discuss professionalliability insurance undermines the

attorney-client relationship.An additional issue raised is that the

adoption of the proposal will forceuninsured lawyers to obtain and main-tain professional liability insurance asdisclosure creates a de facto require-ment to obtain malpractice insurance.This would disproportionately burdensolo practitioners, recently admittedattorneys and attorneys who serveclients ineligible for legal aid, but gen-erally unable to afford counsel. Forthose practitioners who disclose thatthey do not have professional liabilityinsurance, there is the fear of back-lash—clients deciding to seek newcounsel. NYCLA wrote that the pro-posed rule could lead clients to choosecounsel based on insurance coverage,instead of experience and expertise.

One final argument is that the disclo-sure of professional liability insurancewill serve only to invite malpractice suitsby dissatisfied clients. In the ABA-pub-lished study of legal malpractice claimsfrom 2000-2003, 80 percent of all claimswere resolved without payment. InOregon, the only state requiring profes-sional liability insurance for attorneys,legal malpractice claims rose to one ofthe highest per capita in the nationshortly after the state enacted its manda-tory insurance coverage rules.

Part 2 will deal with the issue of insur-ance disclosure in New York.

Mr. Meer is a member of NYCLA andan associate at the Newark office ofLandman Corsi Ballaine & Ford, P.C.His practice focuses on insurancedefense, professional liability, toxic tortand employment law.

Isn’t it time to revisit Insurance Disclosure in New York?

Jonathan Meer

MARCHTuesday, March 41:30-2:30PMWESTLAW: EMPLOYMENT LAWRESEARCH1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Tuesday, March 43:00-4:00PMWESTLAW: BEGINNER1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, March 1210:30-11:30AMLEXIS I1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, March 1212:00-1:00PMLEXIS: SECURITIES 1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, March 12 1:30-2:30PMLEXIS: PUBLIC RECORDS 1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Tuesday, March 1811:00AM-12:15PMBLOOMBERG PROFESSIONAL:INTRODUCTORY CLASS 1.5 MCLE Credits: 1 Skills; .5 LawPractice Management; TransitionalMember: FreeNon-Member: Free

Wednesday March 19 10:00AM-12:30PMBANKRUPTCY COURTELECTRONIC CASE FILINGSYSTEM2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35

Thursday, March 2010:00-11:00AMWESTLAW: INTERMEDIATE1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Thursday, March 2011:30AM-12:30PMWESTLAW: SECURITIES LAWRESEARCH1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

APRILMonday, April 71:30-2:30PMWESTLAW: BEGINNER1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Monday, April 73:00-4:00PMWESTLAW: ENTERTAINMENTLAW RESEARCH1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, April 910:30-11:30AMLEXIS: ADVANCED1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, April 912:00-1:00PMLEXIS: TRUSTS & ESTATES1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, April 91:30-2:30PMLEXIS: NEWS & BUSINESS1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday April 1610:00AM-12:30PMBANKRUPTCY COURTELECTRONIC CASE FILINGSYSTEM2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35

Thursday, April 1711:00AM-12:15PMBLOOMBERG PROFESSIONAL:INTRODUCTORY CLASS 1.5 MCLE Credits: 1 Skills; .5 LawPractice Management; TransitionalMember: FreeNon-Member: Free

Thursday, April 2410:00-11:00AMWESTLAW: LITIGATIONRESEARCH1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Thursday, April 2411:30AM-12:30PMWESTLAW: ADVANCED1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

ELECTRONIC RESEARCH CENTER - CLE PROGRAMS

Ninth Annual FINRAListens . . . and SpeaksElizabeth R. Clancy (left), Vice President,FINRA Dispute Resolution, and Director ofFINRA Dispute Resolution’s NortheastRegional Office, spoke at the “Ninth AnnualFINRA Listens . . . and Speaks” public forumon February 4. Ms. Clancy reported on anumber of developments in FINRA’s disputeresolution program, including proposed rule changes governing the expungement ofcustomer dispute information from the Central Registration Depository System andmotions to dismiss. Pictured with her is the program’s moderator, Martin L. Feinberg.The event was co-sponsored by the Arbitration and ADR, Labor Relations andEmployment Law, and Securities and Exchanges Committees.

10 M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r

Ida B. Wells-Barnett Justice Award ReceptionIn honor of Black History Month, NYCLA and the Metropolitan Black Bar Associationpresented Patricia L. Gatling (second from left), Commissioner and Chair of the NewYork City Commission on Human Rights, with the sixth annual Ida B. Wells-BarnettJustice Award on February 6. Pictured (from left to right) are: Renaye Brown Cuyler,program co-chair; Ms. Gatling, Catherine A. Christian, NYCLA President; and Xavier R.Donaldson, President of the Metropolitan Black Bar Association and program co-chair. The award is named in honor of Ida Wells-Barnett, an African-American civilrights advocate who adamantly fought against segregation and in support ofwomen’s rights.Commissioner Gatling is incharge of enforcing theHuman Rights Law andcombating discriminationin New York City.

Reception atDaniel PatrickMoynihan U.S.Courthouse NYCLA, the U.S. Court of Appealsfor the Second Circuit and the U.S.District Court for the SouthernDistrict of New York held a recep-tion on February 7 for federal judi-cial law clerks and staff attorneysat the Daniel Patrick MoynihanU.S. Courthouse. NYCLA PresidentCatherine A. Christian (on the left) poses with Chief Judge Kimba M. Wood (in themiddle) and Thomas V. Marino, chair of NYCLA’s Federal Courts Committee, at thereception.

P A S T E V E N T S

NYCLA ushered in the new year with its annual Meet and Greet Reception inJanuary. Among those in attendance was NYCLA Board member Lennard Rambusch(second from the left) posing with international interns (from left to right) JorgenMoller, Lerato Maboea and Lucero Ramirez Hidalgo, who are working at his firm,Holland & Knight. They had the opportunity to interact and mingle with were com-mittee and section chairs and other members of the Association. Pictured on the farright is Linda Lamel, co-chair of the Insurance Law Committee.

Meet and Greet Reception

In November, Art Committee members enjoyed a guided tour of New York City’sfirst International Caribbean Art Fair at the Puck Building in SoHo. The fair’sDirector, Marcel Wah, from Haiti, and artist Scherezade Garcia, from theDominican Republic, offered cultural and historical insights into the similaritiesand differences among Caribbean art schools as they walked NYCLA membersthrough exhibited works from Cuba, Puerto Rico, the Dominican Republic andHaiti. Pictured (from left to right) are: Marcel Wah, ICA Fair Director, artistScherezade Garcia and NYCLA members Chevenne Gordon, Hon. Debra A. Jamesand Isabel Abislaiman, committee co-chair.

Art Committee visits InternationalCaribbean Art Fair

The Soldiers of PraiseGospel Choir performed

at the event.

Federal CourtsCommitteeIn January, at the FederalCourt Committee’s monthlymeeting, Hon. James C. FrancisIV, U.S. Magistrate Judge,Southern District was theguest speaker. Among thosein attendance were (from leftto right): Vincent T. Chang,Wollmuth Maher & Deutsch,who hosted the meeting; Hon.James C. Francis IV; andThomas V. Marino, Dunnington Bartholow & Miller LLP, chair of the committee.Magistrate Judge Francis reviewed with the committee developing case law in thearea of discovery of electronically stored information and, in the discussion that fol-lowed, expressed his views on the limits of that discovery.

M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r 11

by Nicole Pierski

Women in the Legal ProfessionIn the early 1930s, NYCLA’s

Committee on Professional Economicsissued a report on the demographics ofthe legal profession in New York State.The report, which contained statistics onwomen in the profession, found thatwomen made up 3.48 percent of the NewYork bar in 1930 while the nationalaverage was only about two percent.This constituted only 792 womenlawyers in New York State, of which 622practiced in New York City.

According to recent statistics issuedby the American Bar Association andthe U.S. Department of Labor, womennow enjoy greater equality in the legalprofession: women represent about 30percent of all lawyers nationwide.Women also have greater access to legaleducation; according to the NationalLaw Journal, 46.9 percent of law stu-dents in 2007 were women.

In honor of Women’s History Month,the New York County Lawyer is pro-filing Dorothy Kenyon, an early womanmember of NYCLA.

Dorothy Kenyon (1888–1972) Dorothy Kenyon was a lawyer, judge

and ambassador to the U.N. during herprestigious career. After graduatingfrom Smith College in 1908, sheattended New York University School ofLaw, receiving her law degree in 1917.

The legal profession was a family affairfor Ms. Kenyon; her father WilliamHouston Kenyon was a patent lawyerand incorporator of NYCLA, her auntworked for a time as an associate in herfather’s firm, and her five brothers werelawyers as well. Ms. Kenyon wasadmitted to the bar in 1917 and her firstposition was as a research specialist forlawyers advising delegates at theVersailles Peace Conference in 1919.

In the 1930s, Ms. Kenyon practicedin her own firm, Straus and Kenyon,with NYCLA member Dorothy Straus.Ms. Kenyon also served as the chair ofNYCLA’s Hospitality Committee.Mayor Fiorello LaGuardia appointedMs. Kenyon as deputy license commis-sioner in 1935. During her tenure asdeputy commissioner, she refused,against the wishes of MayorLaGuardia, to close down the city’sburlesque houses by denying theirlicenses to operate. Defending herposition, Ms. Kenyon noted that shecould not prohibit “the only beauty inthe lives of icemen and messengerboys.” Her decision to continuelicensing burlesque houses wasreversed a year later by the mayor.After the owner of one such houseargued that the performances thatoccurred there were “artistic” innature, Mayor LaGuardia sent tenwomen from his administration toinspect the burlesque houses. Thewomen, including NYCLA members

Rosalie Loew Whitney and EdithSpivack, sat in on a burlesque perfor-mance at one such house and ruled thatit was not art.

Ms. Kenyon also served as aMunicipal Court judge from 1939 to1943.

In addition to her work for MayorLaGuardia, Ms. Kenyon served on theUnited Nations Commission on theStatus of Women for three years afterWorld War II. She was also a contributorto the New York Times, writing aboutwomen and the legal profession. In 1950,

she wrote, “Many a promising younglegal mind is stopped in her tracks by thereception she receives in the averagehard-boiled law office….It’s a lucky anda nervy girl who can break through thesebarbed-wire entanglements and serveher law apprenticeship in an even rea-sonably good law office.”

Her name also appeared in the Timesin 1950 for a very different reason;Senator Joseph McCarthy tried to black-list Ms. Kenyon by accusing her ofhaving ties to at least 28 communistorganizations. In turn, Ms. Kenyondenied the accusations and calledSenator McCarthy “an unmitigated liar”who used congressional position for pro-tection.The Times published an editorialin support of Ms. Kenyon the next day.

Towards the end of her career, Ms.Kenyon worked with the ACLU andNAACP preparing legal briefs. She wasalso vocal about women’s rights, and wasactive in the Women’s City Club and theAmerican Association of UniversityWomen.

Ms. Pierski is the CommunicationsAssistant at the New York CountyLawyers’ Association. Additional infor-mation for this article came from theNew York Times archives as well as theNYCLA Centennial book, Brethren andSisters of the Bar: A Centennial Historyof the New York County Lawyers’Association, by Edwin DavidRobertson.

In honor of Women’s History Month: alook at Dorothy Kenyon

by Rosalind S. Fink

I first met Edith Spivack in 1973 atthe second meeting of NYCLA’s newlycreated Special Committee on Women’sRights. The Committee was in itsinfancy and I watched in awe as Edith,its founding chair, steered us directly tothe forefront of efforts to eradicate dis-crimination against women.

Edith was the kind of chair that barpresidents fantasize about. She recruitedremarkable members, including PeggyMcDowell, a mainstay of The Legal AidSociety for many years, and CeceliaGoetz, who went from Herzfeld Rubinto the Southern District Bankruptcybench, which she served with great dis-tinction. Edith also organized meetingsthat were not only well attended andinformative, but that generated scores ofexciting, fulfilling and meaningful pro-jects. The Committee’s first luncheonforum (a core of the NYCLA calendarthat unfortunately faded into oblivionwith the advent of mandatory CLE andthe concomitant need for longer pro-grams) featured Ruth Bader Ginsburg,then a Columbia Law School professorand fan of Edith, speaking on “Genderand the Constitution,” a speechreprinted in full in the New York LawJournal. The Committee’s authority as

a voice for equality for women wasapparent as it received requests to joinin press conferences (including one sup-porting the ERA or Equal RightsAmendment, for those readers tooyoung to remember), participate in radioshows (on one of which I shamefullyopined, on behalf of the Committee, thatthe concept of sexual harassment wastoo amorphous to ever take hold) andsubmit or sign on to numerous amicus

briefs. We filed two such briefs duringEdith’s tenure, both to the New YorkCourt of Appeals. One argued that preg-nancy should be a covered disabilityunder the State’s Disability BenefitsLaw; the other addressed the expulsionof a local chapter of Kiwanis Clubs ofAmerica for admitting women. UnderEdith’s stewardship, the Committee alsoembarked on projects aimed at elimi-nating gender-based restrictions in

insurance, revolving credit accounts, andapartment rentals and at the eliminationof inequities in inheritance and domesticrelations laws.

Earlier, I said that I had watchedEdith in awe. That’s not quite true. Infact, I did a lot more than watch. When Ijoined the Committee in 1973, I had justbeen admitted to the bar and was thelowest of the low on the totem pole ofthe Park Avenue law firm I was workingfor. I assumed that I would be sittingsilently through Committee meetings formost of my three-year term as I thoughtbefitted the most junior member of avery distinguished committee. Edith wasnot about to let that happen (probablybecause I was a fellow Barnard alum)and I soon found myself at the center ofcommittee activities. She gave meincreasingly important writing assign-ments (that she always carefully edited),including writing the amicus briefarguing for coverage of pregnancy underthe State Disability Benefits Law. Shepaired me on that assignment with SusanB. Lindenauer, who was working at TheLegal Aid Society (and was a recipient ofthe Edith I. Spivack Award in 2002),which was the beginning of a friendshipthat I’ve cherished for 35 years.

Remembrance of Things Past

See REMEMBRANCE, Page 13

Dorothy Kenyon

Rosalind S. Fink poses alongside her portrait.

by Nicole Pierski

SEAPORT MUSEUMSCAVENGER HUNTSaturday, March 8, 12:00-3:00 PMSouth Street Seaport Museum12 Fulton StreetCost: Free with museum admissionContact: www.southstreetseaportmu-seum.orgExplore the Seaport Museum’s hiddentreasures. After building your owntelescope, discover the maritime arti-facts of the Museum by solving puzzlesand searching the corridors of themuseum.

SAVOY SWINGSaturday, March 8, 1:30 PMTribeca Performing Arts Center 199 Chambers StreetCost: $25For more information:www.tribecapac.orgEnjoy the story of the HarlemRenaissance told through the musicand dance of the Savoy Swingers. Thistap, swing and Lindy Hop spectacle

brings to life the poetry of LangstonHughes and the music of Count Basieand Jimmy Lunceford.

WOMEN’S HISTORY MONTHEVENT: THE CONSEQUENCEOF GLOBALISM ON GIRLS’ ANDWOMEN’S BODIESSaturday, March 8, 1:00-4:00 PMFriends Meeting House15 Rutherford Place (16th Street,between 2nd and 3rd Avenues),Room 212-260FreeContact: The Women’s TherapyCentre Institute, Inc. (212) 721-7005“The Politics of the Body and theBody Politic: The Consequences ofGlobalism on Girls’ and Women’sBodies” will be presented by SusieOrbach, Ph.D. This program willinclude a forum for women’s experi-ences to be shared and discussed.

THOMAS PAINE’S “RIGHTS OFMAN”Tuesday, March 18, 6:30 PMNew-York Historical Society170 Central Park WestCost: $15 non-members, $8 members,$10 students/seniorsContact: www.smarttix.comThomas Paine’s Declaration of theRights of Man is a passionate defenseof man’s inalienable rights. This pro-gram will explore Paine’s forethoughtand contentiousness and how his

book forms the philosophical corner-stone of the United States of America.Christopher Hitchens, columnist forVanity Fair, The Nation and Slate andauthor of Thomas Paine’s Rights ofMan, will speak, as well as AnnetteGordon-Reed, New York Law Schoolprofessor and author of the cele-brated book Thomas Jefferson andSally Hemings: An AmericanControversy.

JAZZ SCENES THROUGH THECINEMA LENSTuesday, March 18, 8:00 PMTribeca Performing Arts Center 199 Chambers StreetFreeFor more information:www.tribecapac.orgSee the rise of downtown jazz venuessuch as the Jazz Forum, Jazzmania andJazz Gallery in this film retrospective.Lester Young and Art Farmer will befeatured, along with performances byCount Basie, Art Blakey andThelonious Monk. The film retrospec-tive will be followed by an informalquestion-and-answer session.

WOMEN’S HISTORY MONTHPANEL DISCUSSIONMonday, March 24, 6:00 PMCooper Union51 Astor Place, Wollman Lounge(between 3rd and 4th Avenues)Free

Eleanor Baum, dean of the AlbertNerken School of Engineering atCooper Union for the Advancementof Science and Art, will moderate thispanel discussion of womenMetropolitan Transit Authority execu-tives. Hear about their experience ofthe progress, challenges and shifts inwomen’s roles in the context of publictransportation in today’s New York.

WOMEN’S HISTORY MONTHEVENT: THE IMMIGRANT,RADICAL, NOTORIOUSWOMEN OF WASHINGTONSQUARESunday, March 30, 1:00-3:00 PMJoyce Gold History ToursMeet at Washington Square ArchCost: $15, $12 seniorsFor more information: www.joyce-goldhistorytours.comThis walking tour around WashingtonSquare features the stories ofwomen—working class, gentry, rad-ical, literary, academic, theatrical, con-vict or immigrant—who have givenrise to the political, creative and intel-lectual achievements in New YorkCity’s history.

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

12 M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r

Events in lower Manhattan and beyond

by Nicole Pierski

New Museum235 BoweryCost: $12/$8 Seniors/$6 StudentsFor More Information: www.newmuseum.org

Explore exhibits of contemporaryart at the New Museum, whichopened in December 2007 on theLower East Side.Visitors can experi-ence audio or docent-led tours of theexhibits. One ongoing exhibit,“Unmonumental,” explores the ideaof crumbling symbols and brokenicons through an array of sculpture,paper, visual, audio and eveninternet-based collage. Other

ongoing exhibits include an installa-tion creatively quantifying interna-tional philanthropy by Jeffrey Inaba,as well as a flash animation installa-tion by two South Korean artists.

On the first Saturday of eachmonth, the New Museum has free,hands-on workshops for familieswith children ages 6-15. The pro-grams include free museum admis-sion for children and up to threeadults per family, as well as tours ofthe exhibits. Log on to the Museum’swebsite, www.newmuseum.org, forworkshop schedules.

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

NEW MUSEUM OPENS

NEW YORK COUNTY LAWYERCOPY DUE DATES FOR 2008

Issue Copy dueApril March 12May April 14June May 12

July/August July 11October September 12

November October 13December November 12

M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r 13

Edith also assigned me to rep-resent the Committee at Board ofDirectors’ meetings and pressconferences, eventually made meCommittee secretary and wasinstrumental in my subsequentrise from Committee chair tomember of NYCLA’s Board ofDirectors and its ExecutiveCommittee to president ofNYCLA in 1997. She also pre-screened my husband, helped meget virtually every job I’ve everheld and provided constructivecriticism at least weeklythroughout my NYCLA presi-dency.

Edith taught me how to takeminutes, create an agenda, run ameeting and, finally, how to run asuccessful campaign; while Ithanked many people at my inau-guration as NYCLA’s firstwoman president, it was onEdith’s shoulders that I stood. Toparaphrase the words of the alsoimmortal Fanny Brice, Edithtaught me everything I know.

Most important, though, is notmy experience but the fact that Iam one of many, many womenwho benefited from Edith’s tute-lage. Long before we used theword “mentor,” Edith wasactively training, encouraging andpromoting the careers of womenlawyers. She also intuitivelyunderstood the value of net-working, inviting (commanding,actually) her star “pupils” to peri-odic lunches in her office, a prac-tice that continued right up untilher second retirement, at the ageof 94, in December 2004. Thecareer and professional goals ofone or more of the members werethe usual subject of discussionand it was at one of these lunchesthat my campaign for theNYCLA presidency waslaunched.

Edith also created networks ofwomen within the CorporationCounsel’s office and throughoutseveral administrations, empha-sizing the need for joint actionwith regard to maternity leaves,part-time employment and moreflexible hours. Her efforts wererecognized in 1995, when she wasawarded the Edythe W. FirstAward for OutstandingContributions to Women in CityGovernment. The award is givento “a woman who has demon-strated a commitment to womenemployees of the City of New

York in pioneering women’s pro-grams and inspiring self-pride,self-worth and self-respect withinthe women of New York City gov-ernment.”

When Edith began practicinglaw, women lawyers were, for themost part, expected to practice intrusts and estates. By refusing toaccept this restriction, Edithforged a career — as an emissaryof Mayor Fiorello LaGuardia todetermine whether a burlesqueshow should be shut down for lackof artistic merit, as a lawyerchoosing the unthinkable spe-cialty of property taxes, as a liti-gator and extraordinary appellateadvocate — which, by example,opened doors for women lawyersin a variety of job settings that his-torically were closed to them.

In 1997, in recognition ofEdith’s work with the SpecialCommittee on Women’s Rights, aswell as her service as mentor, rolemodel and inspiration to the manywoman lawyers with whom Edithworked on numerous otherNYCLA committees, NYCLAcreated the Edith I. SpivackAward. Edith was thrilled by thisaward and by the remarkablewomen who were its recipients.This year, on March 17, we add tothat illustrious roster by giving theaward to Geraldine Ferraro, who,among other accomplishments,was once the speaker at aWomen’s Rights LuncheonForum.

In her oral history interviewfor NYCLA, Edith was askedwhy she became a lawyer. Herresponse: “Sybil [that’s SybilPhillips, Edith’s lifelong friend]said I was always a softy; I thinkit was also the fact that I couldhelp people, get them out of theirdifficulties. I didn’t study law inorder to be a millionaire. Iwanted to live a worthwhile life. Iwas pretty good at it as a littlegirl and I think I was good at it asa lawyer.”

Edith wasn’t just good at it. Shewas the best.

Ms. Fink, Of Counsel, Brill &Meisel, was the New York CountyLawyers’ Association’s firstwoman president (1997-1998).

This article was adapted from Ms.Fink’s remarks at the 2005 lun-cheon, where Ms. Spivackreceived the Edith I. SpivackAward.

REMEMBERANCE OF THINGS PASTFrom Page 11

Writing Retainer Agreements, Setting Fees and Getting Paid (Part I) Legal, ethical and practical considerations when you write your retaineragreements and set your fees. How to treat your clients so they want to pay you.

April 1, 2008 – 6:00 PMSpeaker: Martin L. Feinberg

Writing Retainer Agreements, Setting Fees and Getting Paid (Part II) Legal, ethical and practical considerations when you write your retainer agreements and set your fees. How to treat your clients so they want to pay you.

April 22, 2008 – 6:00 PMSpeaker: Martin L. Feinberg

Keeping Your Firm’s FinancesDiscussion of various financial matters concerning starting and running your law practice, including taxes, insurance, bookkeeping, software, time recording and office systems.

May 6, 2008 – 6:00 PMSpeaker: Richard Klass

Manage Your Relationships with Clients, Judges and Opposing Counsel, So That They Don’t Manage You! An analytical and practical approach to anticipate, be prepared for, handle and avoidconflicts with other players in the legal profession. Discussion of problems that attorneys routinely face (including the “unexpected” curve balls) and suggested resolutions. Attendance limited to 20.

May 20, 2008 – 6:00 PMSpeaker: Clyde Eisman

Preparing a Trial NotebookLearn the basics of preparing a trial notebook, issuing subpoenas, jury selection,opening/closing statements and direct/cross examination. Evidentiary issuesincluding in limine motions, demonstrative evidence and objections will be discussed.

May 27, 2008 – 6:00 PMSpeaker: Jeffrey M. Kimmel

Trial Techniques for BeginnersDetailed discussions concerning trial strategy, witness preparation, jury selection,opening/closing statements and direct/cross examination. Hearsay objections and other evidentiary issues will be discussed.

June 3, 2008 -6:00 PMSpeaker: Jeffrey M. Kimmel

What Every Lawyer Needs To Know About The Part 137 Fee Dispute Resolution ProgramYour rights and responsibilities when your client disputes your fees and the lawrequires that you arbitrate.

June 17, 2008 – 6:00 PMSpeakers: Martin L. Feinberg and Heidi Leibowitz

Great Tips for Building a Successful Practice With over 20 years of experience, Doron provides his top suggestions for buildinga successful solo and small-firm practice. The emphasis is on specific, straightforward, no-holds-barred, practical advice and personal insights.

June 24, 2008 – 6:00 PMSpeaker: Doron Zanani

FREE series for all NYCLA members. All programs are held on Tuesdays from 6:00-8:00 PM at the Home of Law, 14 Vesey St. (between Church Street & Broadway) NewYork. Refreshments are served. To register: email cfragliossi@nycla.org or fax thispage to 212-406-9252. Please check boxes of all programs you wish to attend.

NAME _____________________________________________________________________

EMAIL _____________________________________________________________________

PHONE ____________________________________________________________________

NUMBER YEARS ADMITTED TO BAR _____________________________________

THE PRACTICE OF LAW SERIESPrograms led by experienced attorneys in informal settings to help you

manage your practice.

DIRECTIONS TO NYCLANYCLA is located at 14 Vesey Street be-tween Broadway and Church, across thestreet from St. Paul’s Chapel and around thecorner from City Hall.By Subway: 2 and 3 to Park Place;A, C andE to Chambers Street; 4, 5 and M to FultonStreet.By Bus: M103 to City Hall; M1 and M6 toFulton Street

SUBSTANCE ABUSEHOTLINE

Attorneys, judges, law students andmembers of their immediate fami-lies can get confidential help withalcohol or substance-abuse prob-lems 24 hours a day, seven days aweek, by calling the toll-free hotline800-255-0569.

leadership positions at NYCLA, in com-mittees and as speakers at NYCLA’svarious forums. It also highlighted thesubstantive law issues and recom-mended actions for bar associationsincluded in the Task Force on Women inthe Courts report. During my tenure, sheconcluded, “we issued Part II and PartIII in 1989 and 1992 respectively, whichcontained detailed evaluations ofNYCLA’s progress toward expandingthe participation of women.”

Marilyn J. Flood, Executive Directorof the NYCLA Foundation and Counselto NYCLA, chaired the WRC from 1995to 1997. She reminisced about Ms.Spivack. “Long before I was a lawyer, Iknew Edith Spivack as a role model forwomen in City government. Among themany well-deserved honors she receivedwas the Women’s Advisors Award, pre-sented by an organization of women inCity government associated with myagency, the Commission on the Status ofWomen. When I graduated from lawschool in 1991, my friend, BarbaraRochman, whom I knew well fromwomen’s rights work, invited me to joinNYCLA and the Women’s RightsCommittee, which she was then chairing.Flattered to find a committee that valuedmy pre-law experience, I was delightedto have another tie to Edith, the com-mittee’s founding chair. My fondestmemory of my term as chair of the com-mittee was shepherding the resolution

establishing the Edith I. Spivack Awardfirst through the committee and thenthrough the Board of Directors, where Ialso served at the time. Shepherding ismuch too strong a word—the responsethroughout NYCLA to an award inEdith’s name was warm and unanimous.The most difficult task had actually beenconvincing Edith initially that NYCLAshould have an award that honored heras well as others who advocated forwomen’s equality.”

Women’s Rights Committee TodayIn recent years, the committee’s focus

has expanded to include matters of inter-national significance to women. MarciaGoffin, who was active in the committeeprior to becoming co-chair in 2005,worked with then Chair Hon. RichardPrice (who chaired the committee from2001 to 2005) on several events; amongthem was a presentation featuring ShirinEbadi, the 2003 Nobel Peace Prizewinner from Iran, which was co-spon-sored by the Global Fund for Women.The committee has also presentednumerous public forums on U.S. effortsto combat human trafficking, mostrecently with the appearance of anti-traf-ficking Assistant U.S. Secretary of Statefor Trafficking Mark Lagon in 2007.

Additionally, in 2007, NYCLA hostedJanet Benshoof, President and Founderof the Global Justice Center andFounder of the Center for ReproductiveRights, who received the Edith I. SpivackAward for her reproductive rights and

international work. Nancy Northup, thecurrent president of the Center forReproductive Rights, also spoke.

Networking and rainmaking skillshave also been on the agenda of severalWRC-sponsored events during thetenure of Ms. Goffin and Hon. EileenRakower (co-chair since 2005). “Theoutreach to the Women’s FinancialAssociation,” said Ms. Goffin, “hasenabled us to connect with the profes-sional needs of our members and offer aservice both for CLE and businessdevelopment.”

A Look to the Future“As we look to 2008 and beyond, the

events that we sponsor reflect the con-tinued broadening of the scope of thecommittee’s work, to reach beyond theNew York legal community on women’sissues,” said Ms. Goffin. “I view the role

of our committee as continuing todevelop and maintain strong connec-tions across the generations of women.The issues the committee has workedon since its inception in 1973 still res-onate today.”

Ms. Murray agreed, adding, “There isstill a need for a committee focusing onthe concerns of women both within theprofession and in the larger community.Issues within the profession include: thepoor retention rate of women associatesin law firms; the low percentage ofwomen partners in large law firms; theheavy focus on billable hours, whichimpacts disproportionately on women,especially those who are mothers; andthe slow rate at which women lawyersare being appointed or elected asjudges.” She concluded, “Most of theseissues are in even greater need of atten-tion for women lawyers of color.”

14 M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r

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Women’s RightsFrom Page 1

1906, at the age of 75, she won a prece-dent-setting, multimillion dollarSupreme Court case arguing for theEastern Cherokee Indian nation con-cerning their treaty rights with the U.S.government. As a peace activist, Ms.Lockwood was an early member of theUniversal Peace Union and theInternational Council of Women andspoke at peace conventions abroad.

The book’s author, Ms. Norgren,

will discuss the life of Ms. Lockwood atthe NYCLA reception. Copies of thebook will be available for sale. Ms.Norgren has also published (with PetraT. Shattuck) Partial Justice: FederalIndian Law in a Liberal ConstitutionalSystem and The Cherokee Cases. She iscurrently writing on the topics ofNative American law and the legaltreatment of women.

To rsvp to the event, please emaildlamb@nycla.org and write ‘April 16event’ in the Subject line.

Book SigningFrom Page 3

M a r c h 2 0 0 8 / N e w Y o r k C o u n t y L a w y e r 15

MMAARRCCHHTuesday, March 46:00 – 8:30 PMVIDEO REPLAY: PREPARING FORTHE REAL ESTATE CLOSING:HOW TO AVOID THE PITFALLS2.5 MCLE Credits: 1 Skills; 1.5Professional Practice; Non-TransitionalEarly Registration (on or before 3/2)Member: $95Non-member: $125 Registration Fee (3/3-3/4)Member: $120Non-member: $150

Friday and Saturday, March 7 and 89:00 AM – 5:00 PMCIVIL TRIAL PRACTICEINSTITUTE16 MCLE Credits:* 3 Ethics; 6 Skills; 2Law Practice Management; 5Professional Practice; Transitional andNon-TransitionalEarly Registration (on or before 3/5)Member: $255Non-member: $355 Registration Fee (3/6-3/7)Member: $280Non-member: $380

Monday, March 106:00 – 8:00 PMLITIGATING WORKPLACERIGHTS OF VICTIMS OFDOMESTIC VIOLENCE 2 MCLE credits: 1 ProfessionalPractice; 1 Skills; Transitional and Non-TransitionalMember, public sector and publicinterest attorneys: $35 Non-member: $50

Wednesday, March 129:00 – 11:00 AMHOW TO HANDLE A TRAFFICTICKET2 MCLE Credits: 2 Skills; Transitionaland Non-TransitionalEarly Registration (on or before 3/10)Member: $95Non-member: $120 Registration Fee (3/11-3/12)Member: $120Non-member: $145

Wednesday evenings, March 19 and 266:00 – 9:00 PMDRAFTING BASICTESTAMENTARY DOCUMENTSAND ADVANCE DIRECTIVES6 MCLE Credits: 1 Ethics; 3 Skills; 2Professional Practice; Transitional andNon-TransitionalEarly Registration (on or before 3/17)Member: $175Non-member: $225 Registration Fee (3/18-3/19)Member: $200Non-member: $250

Tuesday, March 256:00 – 8:00 PMHANDLING YOUR FIRSTAPPEAL: CONQUERING THEDETAILS2 MCLE Credits: 2 Skills; Transitionaland Non-TransitionalEarly Registration (on or before 3/23)Member: $95Non-member: $120 Registration Fee (3/24-3/25)Member: $120Non-member: $145

Friday, March 288:30-10:00 AMBREAKFAST WITH NYCLA:VIDEO REPLAY- HOW TO AVOIDETHICAL PROBLEMS IN YOURDAY-TO-DAY PRACTICE1.5 MCLE Credits: EthicsEarly Registration (on or before 3/26)Member: $75Non-member: $100 Registration Fee (3/27-3/28)Member: $100Non-member: $125

AAPPRRIILLThursday, April 36:00 – 8:30 PMVIDEO REPLAY: CONTRACTDRAFTING IN INTELLECTUALPROPERTY TRANSACTIONS2.5 MCLE Credits: 2.5 Skills; Non-TransitionalEarly Registration (on or before 4/1)Member: $95Non-member: $125

Registration Fee (4/2-4/3)Member: $120Non-member: $150

Monday, April 79:00 AM – 5:00 PMFORMING AND ADVISING THECHARITABLE NON-PROFITORGANIZATION 8 MCLE Credits: 2 Ethics; 1 Skills; 5Professional Practice; Transitional andNon-TransitionalEarly Registration (on or before 4/5)Member: $195Non-member: $245 Registration Fee (4/6-4/7)Member: $220Non-member: $270

Tuesday, April 86:00 – 9:00 PM WRITING FOR LAWYERS3 MCLE Credits: 3 Skills; Transitionaland Non-TransitionalEarly Registration (on or before 4/6)Member: $125Non-member: $165 Registration Fee (4/7-4/8)Member: $150Non-member: $190

Thursday, April 106:00 – 9:00 PMTHE INTERSECTION OFIMMIGRATION AND CORPORATEBUSINESS LAW: COMPLIANCEISSUES UNDER THE U.S.IMMIGRATION LAWS WHENEMPLOYING FOREIGN LABOR3 MCLE Credits: 1 Ethics; 2Professional Practice; Transitional andNon-TransitionalEarly Registration (on or before 4/8)Member: $125Non-member: $165 Registration Fee (4/9-4/10)Member: $150Non-member: $190

Friday and Saturday, April 11 and 129:00 AM – 5:00 PMBRIDGE THE GAP 1: A PROGRAMFOR NEWLY ADMITTEDATTORNEYS – TWO-PART COURSE16 MCLE Credits: 3 Ethics; 6 Skills; 2

Law Practice Management; 5Professional Practice; Transitional andNon-TransitionalEarly Registration (on or before 4/9)Member: $255Non-member: $355 Registration Fee (4/10-4/11)Member: $280Non-member: $380

Friday, April 258:30 AM – 12:00 PM AND 1:30 – 5:00 PMVIDEO REPLAY MARATHON: 2007LANDLORD/TENANT PRACTICEINSTITUTE: THE JACK NEWTONLERNER LECTURE SERIES7.5 MCLE Credits: 1 Ethics; 3 Skills; 2Law Practice Management; 1.5Professional Practice; Non-TransitionalEarly Registration (on or before 4/23)Member: $125Non-member: $150 Registration Fee (4/24-4/25)Member: $150Non-member: $175

Monday evenings, April 28 and May 56:00 – 9:00 PMDRAFTING TESTAMENTARY ANDINTER VIVOS INSTRUMENTS:BEYOND THE BASICS6 MCLE Credits: 1 Ethics; 3 Skills; 2Professional Practice; Non-TransitionalEarly Registration (on or before 4/26)Member: $175Non-member: $225 Registration Fee (4/27-4/28)Member: $200Non-member: $250

Tuesday, April 296:00 – 9:00 PM RECENT CHANGES INAPPELLATE PRACTICE IN THESECOND CIRCUIT3 MCLE Credits: 2 ProfessionalPractice; 1 Skills; Transitional and Non-TransitionalEarly Registration (on or before 4/27)Member: $125Non-member: $165 Registration Fee (4/28-4/29)Member: $150Non-member: $190

NYCLA CLE LISTINGSFrom Page 8

Handling Employment Discrimination Cases - 20076 MCLE Credits: 2Ethics; 2Skills; 2ProfessionalPractice; Non-TransitionalDVD CDMember Price: $235 Member Price: $195Non-MemberPrice: $275 Non-Member Price: $235

Protecting and Preserving the Record forAppellate Review2.5 MCLE Credits: 2.5 Skills; Non-Transitional DVD CDMemberPrice: $175 Member Price: $150Non-Member Price: $215 Non-Member Price: $190

Terrorism and the Patriot Act - NSA Letters, Going Postal! Our Constitutional Rights Under Siege 2.5 MCLE Credits: 2.5 Professional Practice; Non-TransitionalDVD CDMember Price: $175 Member Price: $150Non-Member Price: $215 Non-Member Price: $190

Winning Cases in Federal Court- 20076 MCLE Credits: 1 Ethics; 5 Skills; Non-TransitionalDVD CDMember Price: $235 Member Price: $195Non-Member Price: $275 Non-Member Price: $235

For more information on these or any of our 75+ programs availablein DVD/CD Audio, please visit our web site at www.nycla.org.

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