ny county lawyer: december

16
My Favorite Things I am always amazed how fast the year goes by. It seems like yesterday I was giv- ing my induction speech in St. Paul’s Chapel. It is now six months later and the year is coming to an end, but it feels like we have to continue working at a rapid pace. Weathering the Storm I doubt anyone will argue that 2011 was a challenging year. The legal com- munity faced continued cutbacks in legal spending, job cuts and active critics citing anyone can represent themselves in legal matters. These challenges are reflective of our volatile economy and require us to work harder and longer hours. Despite these obstacles, our community is stick- ing together to weather the storm. Brighter Days Fortunately, many experts predict 2012 could bring brighter days. Several articles and survey results reflect that legal spending is expected to rise. Additionally, it is anticipated that hiring will increase, as will attorney’s salaries. However, until we weather storm, all of us must remain focused and reflect of the positive aspects in our lives. My Favorite Things As it is the holiday season, I thought I would pause for a moment to reflect on my favorite things, the items that help me be more effective at my job and work smarter despite the challenges I face everyday. Hopefully, one of these items can help you. The list below is based on the lyrics of “My Favorite Things”: iPad, iPhone and laptop with wireless in Plus Facebook, Twitter and Tumblr and LinkedIn Westlaw, Lexis, Google, Yahoo and Bing These are a few of my favorite things NYCLA Committees, Sections and Task Force initiatives Forums and mixers and CLE missives Pro bono and all the Young Lawyers bring These are a few of my favorite things When the train’s late Then the phone rings When I’m feeling sad I simply remember my favorite things And then I don’t feel so bad If you are facing turbulent times, we hope that NYCLA can be here when you need us most and become one of your favorite things. Please share your favorite things by tweeting me @NYCLAPres. By Gregg Kanter, Sprague & Sprague The Southern District of New York has instituted an eighteen-month pilot project implementing new case management proce- dures for complex civil cases. The pilot pro- gram’s objectives are to achieve justice, expedite the resolution of cases, reduce the parties’ litigation expenses, and promote uniformity in the Court’s handling of com- plex civil cases. The Order dated November 1, 2011 adopting and annexing the pilot pro- gram is available on the Southern District’s web site, www/nysd.uscourts.gov. The pilot project was inspired by the con- ference held at Duke University in May, 2010 that was sponsored by the Judicial Conference Advisory Committee on Civil Rules. The Duke Conference critically examined the Federal Rules of Civil Procedure in light of the perception that fed- eral court litigation had become unnecessar- ily expensive and took too long. Southern District Judge John G. Koeltl was the Chair of the Planning Committee for the Duke Conference, and Judge Shira A. Scheindlin served on the E-Discovery Panel. Following the Duke Conference, the Southern District’s Judicial Improvements Committee (“JIC”), Chaired by Judge Scheindlin and including 11 other Judges, collaborated with an Advisory Group of 32 attorneys from various backgrounds to develop best practices for the management of complex civil cases. One recurrent theme throughout the JIC’s proposals is that greater participation by the Court promotes effective case management. The Southern District’s Board of Judges adopted the pilot program after making some revisions to the JIC’s case management pro- posals. The Board of Judges’ revisions were mostly directed at providing judges with dis- cretion to implement certain procedures based on their preferences and the needs of a particular action. Among the pilot program’s noteworthy procedures are (1) a recommended stay of discovery other than document discovery upon the filing of 12(b) motion, (2) making Rule 56.1 statements discretionary and limit- ing them to no more than 20 pages, (3) limit- ing requests for admission in number and by word count, (4) a recommendation that the Court notify counsel five days before oral argument of the issues with which the Court is concerned, and (5) procedures to simplify the creation of privilege logs so as to reduce expenses. The pilot project will be evaluated by the Federal Judicial Center, which will under- take a statistical analysis to assess the effi- ciency of cases in the pilot program relative to a baseline of complex civil cases. Should the pilot program be deemed successful in whole or in part, it will serve as a model for case management for district courts through- out the nation. Gregg Kanter, Sprague & Sprague is also the Chair of NYCLA’s Federal Courts Committee and a Member of the Southern District’s Judicial Improvements Committee’s Advisory Group. I N S ID E Challenge to NYCLA Committees Pg. 3 How Much Life Insurance Do I Need Pg. 7 NYCLA Film Festival Pg. 11 Judicial Panel Take Aways Pg. 13 2012 Trends Pg. 12 December 2011 Visit us at www.nycla.org Volume 7 / Number 9 TA B L E O F C O N T E N T S 2012 Salary Guide ........................13 A Challenge to NYCLA Committees ..................................3 CLE Calendar .................................4 Clear Illustration of Value to Clients ........................................12 Committee Calendar .....................11 Ethics Hotline .................................5 Event Calendar ................................2 Five Hot Weather Tips to Stay Healthy .........................................6 How Much Life Insurance Do I Need .............................................7 How to Make the Most ofYour Membership................................11 Judiciary Panel Take Away ...........13 Library Notes ................................10 Marketing Tips for Law Firms......13 Member News .................................9 Message from Barbara Moses, President of the NYCLA Foundation....................................3 Message from Stewart Aaron, President of NYCLA....................1 NYCLA Film Festival...................11 Recent Events..................................8 The Southern District’s Pilot Project ..................................1 Upcoming Ethics Issues ................12 Young Lawyers .............................14 MESSAGE FROM STEWART D. AARON PRESIDENT OF THE NEW YORK COUNTY LAWYERS’ ASSOCIATION The Southern District’s New Pilot Project for Complex Civil Litigation NEW YORK COUNTY LAWYER

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Page 1: NY County Lawyer: December

My Favorite ThingsI am always amazed how fast the year

goes by. It seems like yesterday I was giv-ing my induction speech in St. Paul’sChapel. It is now six months later and theyear is coming to an end, but it feels likewe have to continue working at a rapidpace.Weathering the StormI doubt anyone will argue that 2011

was a challenging year. The legal com-munity faced continued cutbacks in legalspending, job cuts and active critics citinganyone can represent themselves in legalmatters. These challenges are reflectiveof our volatile economy and require us towork harder and longer hours. Despitethese obstacles, our community is stick-ing together to weather the storm.

Brighter DaysFortunately, many experts predict 2012

could bring brighter days. Several articlesand survey results reflect that legalspending is expected to rise. Additionally,

it is anticipated that hiring will increase,as will attorney’s salaries. However, untilwe weather storm, all of us must remainfocused and reflect of the positive aspectsin our lives.

My Favorite ThingsAs it is the holiday season, I thought I

would pause for a moment to reflect onmy favorite things, the items that help mebe more effective at my job and worksmarter despite the challenges I face

everyday. Hopefully, one of these itemscan help you.The list below is based on the lyrics of

“My Favorite Things”:iPad, iPhone and laptop with wireless inPlus Facebook, Twitter and Tumblr andLinkedIn

Westlaw, Lexis, Google, Yahoo and BingThese are a few of my favorite thingsNYCLA Committees, Sections and TaskForce initiatives

Forums and mixers and CLE missivesPro bono and all the Young Lawyers bringThese are a few of my favorite thingsWhen the train’s lateThen the phone ringsWhen I’m feeling sadI simply remember my favorite thingsAnd then I don’t feel so badIf you are facing turbulent times, we hopethat NYCLA can be here when youneed us most and become one of yourfavorite things.Please share your favorite things by

tweeting me @NYCLAPres.

By Gregg Kanter, Sprague & Sprague

The Southern District of New York hasinstituted an eighteen-month pilot projectimplementing new case management proce-dures for complex civil cases. The pilot pro-gram’s objectives are to achieve justice,expedite the resolution of cases, reduce theparties’ litigation expenses, and promoteuniformity in the Court’s handling of com-plex civil cases. The Order dated November1, 2011 adopting and annexing the pilot pro-gram is available on the Southern District’sweb site, www/nysd.uscourts.gov.The pilot project was inspired by the con-

ference held at Duke University in May,2010 that was sponsored by the JudicialConference Advisory Committee on CivilRules. The Duke Conference criticallyexamined the Federal Rules of CivilProcedure in light of the perception that fed-eral court litigation had become unnecessar-ily expensive and took too long. SouthernDistrict Judge John G. Koeltl was the Chairof the Planning Committee for the Duke

Conference, and Judge Shira A. Scheindlinserved on the E-Discovery Panel.Following the Duke Conference, the

Southern District’s Judicial ImprovementsCommittee (“JIC”), Chaired by JudgeScheindlin and including 11 other Judges,collaborated with an Advisory Group of 32attorneys from various backgrounds todevelop best practices for the managementof complex civil cases. One recurrent themethroughout the JIC’s proposals is that greaterparticipation by the Court promotes effectivecase management.The Southern District’s Board of Judges

adopted the pilot program after making somerevisions to the JIC’s case management pro-posals. The Board of Judges’ revisions weremostly directed at providing judges with dis-cretion to implement certain proceduresbased on their preferences and the needs of aparticular action.Among the pilot program’s noteworthy

procedures are (1) a recommended stay ofdiscovery other than document discoveryupon the filing of 12(b) motion, (2) making

Rule 56.1 statements discretionary and limit-ing them to no more than 20 pages, (3) limit-ing requests for admission in number and byword count, (4) a recommendation that theCourt notify counsel five days before oralargument of the issues with which the Courtis concerned, and (5) procedures to simplifythe creation of privilege logs so as to reduceexpenses.The pilot project will be evaluated by the

Federal Judicial Center, which will under-take a statistical analysis to assess the effi-ciency of cases in the pilot program relativeto a baseline of complex civil cases. Shouldthe pilot program be deemed successful inwhole or in part, it will serve as a model forcase management for district courts through-out the nation.

Gregg Kanter, Sprague & Spragueis also the Chair of NYCLA’s FederalCourts Committee and a Member ofthe Southern District’s JudicialImprovements Committee’s AdvisoryGroup.

I N S I D E

Challenge to NYCLACommittees

Pg. 3

How Much LifeInsurance Do I Need

Pg. 7

NYCLA Film FestivalPg. 11

Judicial PanelTake Aways

Pg. 13

2012 TrendsPg. 12

December 2011 Visit us at www.nycla.org Volume 7 / Number 9

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

2012 Salary Guide ........................13A Challenge to NYCLACommittees ..................................3CLE Calendar .................................4Clear Illustration of Value toClients ........................................12Committee Calendar .....................11Ethics Hotline .................................5Event Calendar................................2Five Hot Weather Tips to StayHealthy .........................................6How Much Life Insurance Do INeed .............................................7How to Make the Most of YourMembership................................11Judiciary Panel Take Away ...........13Library Notes ................................10Marketing Tips for Law Firms......13Member News.................................9Message from Barbara Moses,President of the NYCLAFoundation....................................3Message from Stewart Aaron,President of NYCLA....................1NYCLA Film Festival...................11Recent Events..................................8The Southern District’sPilot Project..................................1Upcoming Ethics Issues................12Young Lawyers .............................14

M E S SAGE FROM STEWART D . AARONPRE S I D ENT OF THE NEW YORK COUNTY LAWYERS ’ A S SOC I AT I ON

The Southern District’s New Pilot Project forComplex Civil Litigation

N E W Y O R K

COUNTY LAWYER

Page 2: NY County Lawyer: December

December 2011 / The New York County Lawyer2

DecemberPractice of Law Series: What EveryLawyer Needs To Know About ThePart 137 Fee Dispute ResolutionProgramDecember 1 – 6:00 PMSpeakers: Martin L. Feinberg and HeidiLeibowitzYour rights and responsibilities whenyour client disputes your fees and the lawrequires that you arbitrate.Place: NYCLA Home of Law – 14 VeseyStreetFREE: members only

SPECIAL EVENT: task force onjudiciary budget cuts public hearingDecember 2 - 10:00 AM – 5:00 PMAn examination of the effects the budgetcuts are having on the courts and thepublic.Place: NYCLA Home of Law – 14Vesey StreetFREE and open to the public

PUBLIC FORUM: When Bail MeansJail - Are NYC Criminal CourtsSetting Bail APPROPRIATELY?,December 6 – 6:00 – 8:00 PMPanelists: Marika Meis, assistant directorof Litigation and Training, BronxDefenders; Mary T. Phillips, Ph.D.,deputy director, Research Department,NewYork City Criminal Justice Agency;and representatives from a human rightsorganization and the NewYork CityCriminal CourtsSponsors: NYCLA Justice Center andCriminal Justice SectionPlace: NYCLA Home of Law – 14Vesey StreetFREE and open to the public

NYCLA’s 97th Annual dinner:Celebrating Legal Compliance andEnforcementDecember 13Reception: 6:30 PM; Dinner: 7:30 PMPlace:Waldorf Astoria Hotel – 49thStreet and Park AvenueFor more information, visitwww.nycla.org

JanuaryIn Practice: Careers in IPJanuary 11 – 12:30 – 1:30 PMHost: Jeffrey I.D. Lewis, IntellectualProperty Partner at Patterson BelknapWebb & Tyler LLP

Networking Event: Ring In the NewYear with NYCLAJanuary 12, 2012 – 6:00 PMMingle with other NYCLA members aswe share what will be happening in2012!Place: NYCLA Home of Law – 14 VeseyStreetFREE: members only

Membership Event: Boost YourEnergy & Reduce StressJanuary 19, 2012 - 6:00 PMIn this workshop, you will learn easy andpractical ways to, make healthy foodchoices at work, have energy all daylong, every day, reduce sugar cravingsand reduce stressSpeaker: Alex Hadassah Anzalone,founder of Alex Anzalone Coaching.Place: NYCLA Home of Law – 14 VeseyStreetFREE: members only

Public Forum/Networking Mixer: “SoYou Want to Be a Trial Lawyer”January 26, 2012– 7:00 PMPanelists: Charlotte Owens - BrooklynDistrict Attorney’s Office; Lindsey James- Corporation Counsel, Tort Division -Kings County; Ryan O’dell - BronxDefenders; Adam J. Roth - WingateRussotti & Shapiro, LLP; and the Hon.Jane Solomon of the NY Supreme CourtProgram Chair and Moderator: AdamRoth, Esq. (Wingate, Russotti & ShapiroLLP)Place: NYCLA Home of Law – 14 VeseyStreetFREE and open to the public

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

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

To Advertise in

New York County Lawyer,

Call (631) 427-7000Coming Soon:• Technology Trends• Practice of Law• Career Meet Up• Committee Open House

Page 3: NY County Lawyer: December

December 2011 / The New York County Lawyer 3

Dear Friends:

December is a time for gift-giving: tofamily, to friends, and to the charitable,educational and public service organiza-tions that share your values and vision. As2011 draws to a close, we hope you willgive some thought to the work thatNYCLA does, all year long, shining alight on both the successes and failure ofour court system, making opportunities forpublic high school students to learn aboutthe law and for minority law students tosecure prestigious judicial internships,providing crucial pro bono services tolow-income New Yorkers, and assistingunemployed and under-employed lawyersto get back on their feet.Unfortunately, your dues do not cover

all of NYCLA’s programs and services.We depend on your contributions to carryout the programs that make us proud to bemembers of NYCLA. Fortunately, evenmodest gifts go a long way at NYCLA.A donation of just $100 enables a public

high school student to attend our YouthLaw Education Conference. Thanks toNYCLA’s energetic volunteers, it takesonly $1,000 to cover the approximate cost

of providing free legal assistance to eachclient served by Project Restore, NYCLA’sinnovative pro bono program helping NewYorkers with past criminal convictions toobtain vocational licenses. A gift of $5,000makes it possible for a promising minoritylaw student to become a judicial intern andspend the summer in the chambers of a par-ticipating federal or state court judge. Anddonations in any amount assist NYCLA’sgroundbreaking Task Force on JudicialBudget Cuts, which is holding public hear-ings to assess the impact of the recent budg-et cuts on the ability of our state and feder-al courts to provide justice for all.

You can make donations in theseamounts – or in any amount you choose –simply going to www.nycla.org andchoosing “Giving to NYCLA.” You canalso mail a check, payable to the “NYCLAFoundation,” to NYCLA Foundation, 14Vesey Street, New York, NY 10007. Weare grateful for every contribution and arepleased to say “thank you” with a selec-tion of DVDs, books, prints and othergifts, described on our website.Since the NYCLA Foundation is recog-

nized by the IRS as a 501(c)(3) organiza-tion, gifts received by year-end aredeductible, to the extent provided by law,in 2011.NYCLA needs both your support and

your ideas. Please do not hesitate to con-tact me with suggestions for fundraising orrelated topics. You can reach me [email protected].

Sincerely,

Barbara MosesPresident of the NYCLA Foundation

NewYork County Lawyer is publishedmonthly (except January andAugust) for$10 per year by NewYork County Lawyers’Association, 14Vesey Street, NewYork, NY10007. Periodicals postage paid is mailed atNewYork, NY and additional mailingoffices. POSTMASTER: Send addresschanges to: NewYork County Lawyer, 14Vesey Street, NewYork, NY 10007-2992.

USPS #022-995ISSN: 1558-5786

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

Copyright © 2011 NewYork CountyLawyers’Association. All rightsreserved. NewYork County Lawyers’Association grants permission forarticles and other material herein orportions thereof to be reproduced anddistributed for educational or profes-sional use through direct contact withclients, prospective clients, profes-sional colleagues and students pro-vided that such use shall not involveany matter for which payment (otherthan legal fees or tuition) is madeand provided further that all repro-ductions include the name of theauthor of the article, the copyrightnotice(s) included in the originalpublication, and a notice indicatingthe name and date of the Associationpublication from which the reprint ismade. Subscription rate: $10.00 peryear for non-members

Photo CreditsAlanna GluckKevin Hsi

New York County Lawyer ispublished by

Long Islander Newspapersunder the auspices of

the New York County Lawyers’Association. For advertisinginformation, call 631-427-7000.

Mailing address: 149 Main Street,Huntington, NY 11743.

MESSAGE FROM BARBARA MOSESPRES IDENT OF THE NYCLA FOUNDAT ION

A Challenge to NYCLA Committeesto Change the Future

NYCLA was built on the hard workand dedication of members who imag-ined an organization that would beopen to all practicing attorneys in NewYork. To this day, our communityreflects our purpose, by welcoming allof those who want to participate andget involved. We are excited thatJames B. Kobak, Jr., past NYCLApresident, made a donation of $12,500to the NYCLA Foundation to create anannual prize for the most innovativeprogram or project by a NYCLACommittee, section or task force.Beginning May 2012, the prize will be

announced at the NYCLA annual meet-ing. The $500 annual prize will beawarded by the president-elect and has tobe an innovative program that has a pos-

itive impact on the law, judicial system orthe Association. After the prize is award-ed, the winner will have the funds to con-tribute to programs and activities benefittheir NYCLA community.Committee chairs, stay tuned for

announcements about this prize and startthinking of creative projects for 2012!We imagine this prize will inspire ourtalented leaders, create exciting pro-grams and enhance the overall member-ship experience.

Imagine.Create.Inspire.

NEW YORKCOUNTY LAWYER

Stewart D. AaronPresident

Sophia J GianacoplosExecutive Director

Mariana HoganChair, Editorial Board

Melissa J. YahreAssistant Executive Director ofMarketing and Membership

Development

NEWYORK COUNTY LAWYERS’ASSOCIATIONSINCE 1908

Happy Holidays and Best Wishes for the New Year!From the New York County Lawyers’Association

Page 4: NY County Lawyer: December

December Events at theCLE Institute

Certified Guardian Training Returns toNYCLA

Article 81 of the Mental Hygiene Lawrequires that persons wishing to serve asCourt Evaluators or Certified Guardiansreceive training approved by the Office ofCourt Administration (OCA). On Tuesday,December 13, we will be presenting a fullday approved training program that coversall the topics required by OCA including:• Part 36, Rules of the Chief Judge• Overview and Concepts of Article 81;Comparison with Guardians Pursuantto SCPA Article 17 and 17A• Attorney for Alleged IncapacitatedPerson• The Court Evaluator: Duties,Responsibilities and Ethics• Duties, Responsibilities and Ethics ofthe Guardian of the Person andProperty• Family Health Care Decisions Act• A View From the Bench• Forensic Accounting and RecoveringMisappropriated Funds• Recordkeeping and ReportingRequirementsProgram Chair Clifford A. Meirowitz,

LawOffices of CliffordA. Meirowitz PLLC,has assembled a faculty from the bench, barand government agencies to instruct atten-dees — whether attorneys or family mem-bers— in what they need to know to receivethe certificate of approved training

NYCLA Committees Co-sponsorPrograms at CLE Institute ThisDecemberNYCLA’s Election Law Committee

and NYCLA’s Securities and ExchangesCommittee will co-sponsor Pay-to-Playin the Financial Sector: Know the Ruleson Monday, Dec. 5. Pay-to-play is the termused to describe the practice of makingpolitical contributions to candidates andelected officials to influence the awardingof lucrative government contracts. In thepast few years, restrictions on the makingof such contributions have flourished, andmore recently in the specific context ofcontracts related to the management ofpublic pension plan assets and similar gov-ernment investment accounts. While someof the rules have been in place since 1994,

recent rule proposals would expand cover-age of political restrictions to municipaland other investment advisors. Indeed,New Jersey and New York are two statesthat have also ventured into this field ofregulations. A panel of experts will pro-vide an overview of pay-to-play and dis-cuss the practical implications of the newlaws and regulations.NYCLA’s Women’s Rights Commit-

tee will co-sponsor The Myth of ParentalAlienation Syndrome and Its Impact onWomen in Child Custody Cases onThursday, Dec. 8. A diverse panel fromvarying disciplines, including psycholo-gists, forensic psychologists,attorneys and academics, will explore

how the theory of “Parental AlienationSyndrome” (PAS) disproportionallyaffects the way judges and court collateralsmake decisions and recommendations inchild custody determinations, focusing onNewYork State.

Programs Designed for NewlyAdmitted AttorneysAttorneys who are newly admitted in NewJersey can earn their required MCLE cred-its in five of nine specified practice areasby attending the two-full -day programNew Jersey Bridge the Gap on Dec. 7-8,right here in NYC at NYCLA’s Home ofLaw. New York credit will also be givenfor attending this two-day program. Topicsto be covered include: N.J. landlord/ten-ant; N.J. estate planning; N.J. criminalpractice; N.J. child custody; N.J. law prac-tice (including N.J. legal research on ashoestring budget, e-discovery and takingcontrol of your career).

On consecutive Fridays, Dec. 9 and 16,NewYork attorneys can fulfill their first orsecond year MCLE requirements byattending the two-full-day programBridge the Gap. Topics to be discussedinclude: your first real estate deal; appel-late advocacy; overview of N.Y. civil prac-tice; from arrest to adjournment; under-standing the N.Y. Power ofAttorney; intro-duction to trademark law; fundamentals ofcontract drafting and ethics update: publicspeaking and client representation.

Coming this January... to the CLE InstituteBe sure to mark your calendars and save

the dates for the upcoming programs to bepresented in January 2012 at the CLEInstitute.

Evening Bridge the Gap Returns to theCLE Institute This januaryNewly admitted attorneys seeking to

fulfill their first or second year MCLEcredits can do so by attending the 4evening Bridge the Gap program beingheld on consecutive Wednesday eveningsfrom 5:30 PM –9:00 PM beginningJanuary 11. Topics include Summary JuryTrials, Transitioning from From Partyingto Professional, E-Discovery, The Day inthe Life of an Employment Law Practice ..and more. This program also serves as anexcellent refresher for attorneys seekingto brush upon their skills. Attend all fourprograms or mix and match the ones thatfit your schedule and needs. Completedetails are available on our website atwww.nycla.org.

NYCLA’s Civil Court Practice SectionCo-sponsors Program on SummaryJury TrialsOn Wednesday evening, January 11,

NYCLA’s Civil Court Practice Section willpresent a program on Summary JuryTrials. Hon. Lucindo Suarez, StatewideCoordinator for Summary Jury Trials, willdiscuss the benefits of the one day jury trialthat combines the flexibility and cost effec-tiveness of arbitration with the structure ofa conventional trial. Summary Jury Trials(SJT) can be either binding or non-binding,and parties have used the verdicts in non-binding cases as a settlement guide to pre-dict how an actual jury would determinedamages or resolve a contested issue. Thearbitration-like format allows the parties totry cases and resolve issues without havingto expend countless dollars on medicalexperts and other witnesses.

Some of the topics to be discussedinclude: conducting a summary jury trial;benefits of a summary jury trial; cases suit-able for summary jury trials; the rules andprocedures of SJTs; the courts’ experiencewith summary jury trials; and the goal ofthe Office of Court Administration to havea summary jury trial program in each judi-cial district within one year.

Learn about this new dispute resolutiontechnique that can save your clients timeand money – while still affording themtheir day in court.

NYCLA’s Real Estate Section to Co-sponsor program on Zoning and Land

UseOn Monday January 9, NYCLA’s Real

Property Section will present a program onNYC Zoning and Land Use. TheProgram, chaired by Juan Reyes III,Partner, Reed Smith LLP, will discuss theUniform Land Use Review Procedure andenvironmental review and provide updatesfrom the Board of Standards and Appeals,the Landmark Preservation Commissionand the NYC Buildings Department.

Special thanks to Mona Gora, studentco-chair of NYCLA’s Real propertySection for her work in putting the pro-gram together.Start the new year by attending the

four-evening Bridge the Gap program,and earn the required MCLE credits forfirst or second year attorneys in NewYork. Programs will be on consecutiveWednesday evenings beginning Jan. 11,2012, from 5:30 – 9:00 PM. Check ourwebsite at www.nycla.org for programdetails, faculty and updated information.

SAVE the DATE:Select Issues and Hot Topics in NewYorkState and Local Taxation, January 17Construction Site Consultants, January 30How to be a Virtual Lawyer, January 31

December 2011 / The New York County Lawyer4

CLE Institute

Please note: Tuition Assistance is available for qualified attorneys for live programs offered by the CLE Institute. Check our website at www.nycla.org for more informationand how to apply for Tuition Assistance. Check our website for course details, faculty, complete program descriptions and pricing.

NYCLA’s CLE Institute now anAccredited Provider in New Jersey

New York County Lawyers’Association’s CLE Institute is current-ly certified as an Accredited Providerof continuing legal education in theState New Jersey. Courses qualifyingfor CLE credit in New Jersey will be sodesignated on the NYCLA website. Besure to consult www.nycla.org for pro-gram details and program locations.

Please note that Tuition Assistanceis available for qualified attorneys forlive programs offered by the CLEInstitute. Check our website atwww.nycla.org for more informationand how to apply for TuitionAssistance. Check our website forcourse details, faculty, complete pro-gram descriptions and pricing.

Be sure to check our website for acomplete listing of May programs.

DUFFY & POSILLICO AGENCY INC.Court Bond Specialists

BONDS * BONDS * BONDS * BONDS

1-800-841-8879 FAX: 516-741-63111 Birchwood Court • Mineola, NY 11501 (Across from Nassau County Courts)NYC Location: 108 Greenwich Street, New York, NY 10006

Administration • Appeal • Executor • Guardianship

Injunction • Conservator • Lost Instrument

Stay • Mechanic’s Lien • Plaintiff & Defendant’sBonds

Serving Attorneys since 1975

Complete Bonding Facilities

IMMEDIATE SERVICE!

Page 5: NY County Lawyer: December

December 2011 / The New York County Lawyer 5

Ethics HotlineDecember 1-15Gordon Eng212-909-6048

December 16-31Don Savatta212-983-6000

Please Note: Assignments aresubject to change.

Questions to the Hotline are limit-ed to an inquiring attorney’sprospective conduct. The Hotlinedoes not answer questions regard-ing past conduct, the conduct ofother attorneys, questions that arebeing litigated or before a discipli-nary committee or ethics commit-tee, or questions of law. This nota-tion shall not be construed to con-tain all Hotline guidelines. For afull discussion of Ethics Hotlineguidelines, please see “Guidelineson NYCLA’s Ethics Hotline,”September 2006, New York CountyLawyer, Vol. 2, No. 7. To view thearticle, visit NYCLA’s website atwww.nycla.org, click on Ethics (onthe left-hand side of the page) andthen on Ethics Hotline.

Keynote speaker Pery Krinsky, Krinsky LLP surrounded by Program co-chairs Hon.Stephen Crane and Raymond Dowd.

Speakers FromArt and Law CLE ProgramSDNY TOACCEPTONLINE PAYMENTFOR FILING OFCIVIL APPEALS

STARTINGDECEMBER 5

In a continued effort to improve

access to the court and provide

high quality service to the bar, the

United States District Court for

the Southern District of NewYork

will begin accepting online filing

of civil appeals and the associated

payment of fees through its

Electronic Case Filing (ECF) sys-

tem as of December 5, 2011. The

court will continue to accept the

filing of appeals on paper in the

traditional manner. For a step-by-

step tutorial on filing an appeal in

ECF and the fee schedule, please

visit the court’s website at

http://nysd.uscourts.gov/ecf_training.php.

Ross M. Spitalnick Stanley J. Markowitz Nick [email protected] [email protected] [email protected]

(718) 263-3800

PREMIER SPACEAVAILABLEPERFECT FOR

LAWYERS & LEGAL PROFESSIONALS

Page 6: NY County Lawyer: December

December 2011 / The New York County Lawyer6

BY ALEX HADASSAH ANZALONE

The retreat to a warmer, safer place inwinter is more than a physical phenome-non. When it’s cold out, not only do ourbodies start to head inward, but also ourenergy and attention.Part of staying stress free and healthy

involves being aware of this shift andadjusting our habits to reflect it. Life iseasier when we go with the flow ratherthan work against it. Self care, stressreduction, nutrition and touch are allessential to staying stress free, healthy,and happy.Try these 5 hot tips to keep you healthy

and happy this winter:1. Hot-Towel Scrub (5 minutes in themorning or evening)Fill your sink with hot water (I like to

add a drop or two of essential oil, such aslavender or eucalyptus). Soak a mediumwashcloth in the water, wring it out, andwhile the towel is still hot and steamy,gently scrub the skin until it becomesslightly pink or completely warm. Doone section of the body at a time. Reheatthe towel often by dipping it in the water.The hot-towel scrub calms the mind,

relieves stress and eases muscle tension.It has the dual effect of reenergizing inthe morning and deeply relaxing at night.Health-wise, it allows excess fat, cel-lulite, mucus and toxins to dischargewhile also activating the lymphatic sys-tem. By adding candlelight, you canmake this a soothing moment in yourday.2. MassageTouch is a form of nourishment. It is a

very healing and natural part of connect-ing with ourselves and others. You can doa massage exchange with your partner orget a professional massage. I recommenddoing one of these weekly, if possible.If you do a partner massage, just go

with the flow; no experience is neces-sary. Light candles and play soothingmusic to get you into the rhythm. Heat upsome massage oil by filling a sink with

hot water and letting the massage oil bot-tle sit in it for five minutes. Before youbegin, ask your partner if they have anyspecial requests or areas of tightness thatneed attention. During the massage,check in with them to find out if they arecomfortable and you are applying theright amount of pressure.Seated mini-massage rocks. For the

five minutes that it takes, the benefits arehuge. Take turns. When I do this withfriends, it leaves us feeling totallyrelaxed, loved and pampered! Have yourpartner or friend sit upright in a chair,and for two to five minutes (whateveryou have time for), massage their shoul-ders and neck, give their arms a gentlesqueeze, karate chop their back and con-clude by gently rubbing their back toeven out the energy.Massage relieves stress and tension,

enhances immunity by increasing lymphflow, and releases chemicals in yourbody that promote healing and happi-ness. Besides simply feeling great, giv-ing or receiving a massage is emotional-ly healing. It also deepens the connectionbetween you and your friend or partner.3. Hot Tea or SoupSince the winter brings cold and dry

elements, we want to keep our core warmby having warmer drinks and foods tobalance and nourish these effects. Hotfluids help stave off flu and colds andkeep our digestion working properly. Onyour next trip to the grocery store, stockup on soothing tea, such as ginger, mint,chamomile, green and chai, and soup(my favorites are butternut squash, lentiland chicken).4. Warming FoodsWe often make the mistake of eating

the same foods year round without real-izing that with the changing seasons, ourdiets must also change. Start eatingwarmer or steamed foods this month toenhance your energy and immune sys-tem.Nutrition Tips:Avoid: cold foods, salads, raw foods,

soda, ice creamChoose: warmer, heavier, cooked

foods in proper proportion5. Time-OutTake time to slow down by doing a

breathing exercise or taking a walk out-doors at any point in your day. It doesn’ttake much time to receive the benefits ofthese simple practices.4-7-8 (or Relaxing Breath) ExerciseThis takes almost no time and can bedone anywhere. Sit with your backstraight, feet on the ground, eyes closedand the tip of your tongue placed againstthe ridge of tissue just behind your upperfront teeth. Keep your tongue in positionthe whole time. Note that you will inhalequietly through your nose and exhaleaudibly through your mouth.Exhale completely through your

mouth, making a whoosh sound.Close your mouth and inhale quietly

through nose to a mental count of four.Hold your breath for a count of seven.Exhale completely through mouth,

making a whoosh sound to a count ofeight.This is one breath. Now inhale again

and repeat the cycle three more times fora total of four.This exercise is a natural tranquilizer

for the nervous system. It will help youto reduce stress, fall asleep and preventstress-related health problems. Do it atleast twice a day. Do not do more thanfour breaths at one time for the first

month of practice. Later, if you wish,you can extend it to eight breaths. If youfeel a little lightheaded when you firstbreathe this way, do not be concerned; itwill pass.Walking Try to be as present as possi-

ble. Make a point of noticing whatever isgoing on in nature around you. Makesure to breathe, feel the air in your lungs,give thanks for something you are grate-ful for and enjoy this time you have toyourself.Enjoy greater health and happiness by

regular practice of these simple tips.Don’t miss Alex when she presents

Boost Your Energy and Reduce Streetat NYCLA on January 19, 2012. RSVPonline at www.nycla.org

Alex Anzalone is founder of AlexAnzalone Coaching, a company dedicat-ed to empowering others to achieve andsustain their health and lifestyle goals inpractical and simple ways. She is also anattorney, which, combined with her pas-sion for healthy living, has made her anexpert at easily maintaining a healthyand fit body with very little time.Based in New York, Anzalone works

with clients all over the world by phone.Her practice is focused on helping busyprofessionals to increase their energy,reduce their stress and achieve theirhealth goals in an easily sustainableway. To learn more, visit www.alexanza-lone.com.

5 Hot Winter Tips to Stay Healthy and Stress Free

Substance Abuse HotlineAttorneys, judges, law students and members of their immediate families can get

confidential help with alcohol or substance-abuse problems 24 hours a day, sevendays a week, by calling the toll-free hotline: 800-255-0569 or 212-302-5787.

MEMBERSHIP

Invite a colleague to join NYCLA!

Between now and December 15, you will receive a $100 credittoward your next year’s dues for every new member you recruit.

Your colleague receives a free 3-credit CLE course as a special wel-come gift only when they join through you. Log-in to

wwww.nycla.org and fill out the form under members only.

Page 7: NY County Lawyer: December

December 2011 / The New York County Lawyer 7

The basic rule of thumb recommend-ed by the Life Insurance Marketing &Research Association (LIMRA) is tomultiply your yearly income by 7 ifyou have few dependents and fewdebts, and by 10 if you have large debtsand a large family.*According to LIMRA, the typical

U.S. household with life insurance ownsenough to replace 3.6 years of theirincome, meaning many Americans withinsurance are probably underinsured.

Is the ‘7-10 Rule’ accurate today?When paying the families of the victims

of the September 11, 2001 attacks, theVictim Compensation Fund valued thefuture earnings potential of the deceasedat 16 times their income.When existing life insurance and other

assets were deducted, their future earningsvalue was estimated at more than 11 timestheir income. In the end, the averageamount awarded to the families of the9/11 victims was $2 million.*

The “Needs Analysis” methodFinancial planners use a more detailed

method of determining how much lifeinsurance is needed called “needs analy-sis.” The philosophy behind this method isto purchase enough life insurance so thatyour family can live off the interest of theproceeds.Financial planners go about this by ana-

lyzing how much income your family willneed each year and then determining thelife insurance amount needed by usingthis formula:Annual Income Needed ÷ Rate of

Return on Investments = Face Amount ofInsuranceTo see how much life insurance this

method recommends, try using the “needs

calculator” on the Life and HealthInsurance Foundation for Educationwebsite, www.lifehappens.org.

Buy what you can affordWhatever method you use to determine

your life insurance needs, you may comeup with a rather large figure.“Even if you can’t afford the entire

amount of insurance you need, buy whatyou can afford and build from there,” saysLife & Health Insurance agent Barbara

Gulin.†

The life insurance you set aside todaycould one day determine your family’sfinancial future. Use the methods dis-cussed here as a starting point to give youan idea how much you life insurance youshould set aside.In the final analysis, you may simply

want to purchase as much life insurance asyou can comfortably afford.

AON’s Affinity Insurance Services hasbeen selected as the endorsed insuranceprovider for NYCLA members. Listedbelow is a summary of the insurance prod-ucts in the NYCLA endorsed program.

10-Year Level Term Life20-Year Level Term LifeAccidental Death & DismembermentShort-Term and Long-Term DisabilityDentalLong-Term CareBusiness Overhead Expense

*Life Insurance Marketing & ResearchAssociation (LIMRA) International, TheFacts of Life & Annuities,www.limra.com, 2009.†Barbara Gulin, “How Much Life

Insurance Does a Person Need?’ eHowMoney, November 2010

How Much Life Insurance Do I Need?

Thank you to AON, NYCLA’s insurance partner for contributing this information.Learn more about life insurance by visiting www.nycla.org and click on benefits.

Save the DateDecember 6 Public Forum: When Bail Means Jail - Are NYC Criminal CourtsSetting Bail Appropriately?

On Tuesday, December 6, from 6:00-8:00 PM, NYCLA is hosting a free public forum,“When Bail Means Jail - Are NYC Criminal Courts Setting Bail Appropriately?,”sponsored by the NYCLA Justice Center and Criminal Justice Section. Currently, NewYork City criminal courts are authorized to set bail only to the extent that it is necessaryto secure a person’s appearance in courtwhen required. At any given time, approximately39 percent of the Rikers Island population consists of people with pending criminal caseswho have not, or cannot, post bail.

Panelists are:Marika Meis, assistant director of Litigation and Training, Bronx Defenders;Mary T. Phillips, Ph.D., deputy director, Research Department, NewYork City CriminalJusticeAgency; andRepresentatives from a human rights organization and the New York City CriminalCourts.

They will discuss the effects of pre-trial detention, research on the efficacy of bail in ratesof return to court, current litigation about forms of bail and whether there are less oner-ous alternatives to the customary practices in NewYork City courts.

RSVP: http://bit.ly/qyM2yw

Looking for a tax deduction?NYCLA dues are tax-deductable and you can pre-pay your 2012 dues now!Call us 212-267-6646 or email [email protected] for your invoice.

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& the Courts on Psycho-legal Matters

• Criminal Cases: Competency Issues, Criminal

Responsibility, Extreme Emotional Disturbance, Risk

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Custody/Visitation, Neglect/Abuse, Termination,

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& Forensic Behavioral Science

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Page 8: NY County Lawyer: December

December 2011 / The New York County Lawyer8

RECENT EVENTS

The Honorable Victor Marrero, District Judge for the Southern District of NewYork, was the guest speaker at the November 17 Federal Courts Committee meet-ing hosted by Barbara Moses, NYCLA's President-Elect, a former CommitteeChair, and Counsel to Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer.Pictured from left to right are Ms. Moses, Judge Marrero, and Gregg Kanter,Chair of the Committee.

Federal Courts Committee Meeting

Robert S. Kelner, Esq. , Kelner & Kelner. Gives a thumbs up at the November 21Reception for Donors to Centennial Capital Campaign. The reception was anopportunity to thank donors who contributed to the campaign!

Foundation

On November 21, Alan Leslie Fell, Esq. andWalter M. Frank, Esq. NYCLA’s Lawand Literature Committee Co-Chairs pose for a picture with Law and Literatureaward recipient, Jeffery Toobin, CNN senior legal analyst and Barbara Moses,NYCLA's President-Elect, a former Committee Chair, and Counsel to Morvillo,Abramowitz, Grand, Iason, Anello & Bohrer. Mr. Toobin shared his experiences asa legal reporter and discussed hi book The Nine.

Law and Literature Committee

Since You Support NYCLAWithThese Lyrics

Since you support NYCLA

We can meet inthe morning

We can meet inthe evening

All over this town

We’re meetin’ ‘bout judges

We’re meetin’ ‘bout statutes

We’re meetin’ ‘bout pro bono for

our brothers andour sisters

All over this town.

Since you support NYCLA

We can teach inthe morning

We can teach inthe evening

All over this town

We’re teachin’ ‘bout ethics

We’re teachin’ ‘bout practice

We’re teachin’ those CLEs for ou

r brothers and our sisters

All over this town.

Since you support NYCLA

We’re so lucky to have you

Your generous donations

Noted on this plaque

Will help us dojustice

And take on theissues

It’s all about reachin’ and suppor

tin’ our brothersand our sisters

All over this town.

Now we’ve got donations

And now we’vegot this plaque

And we’ve got aplace to go

Here in downtown

Where we can do justice

We’ll take on the issues

It’s all about reachin’ and suppor

tin’ our brothersand our sisters

All over this town.

Hon. Harold Baer and Dr. Suzanne BaerMinority Judicial Internship Program Reception

Students interact with NYCLA Board members as they learn about the Hon. HaroldBaer and Dr. Suzanne Baer Minority Judicial Internship Program

Peter Dizozza, NYCLAPresident, StewartAaron andMarthaCohen Stine sing SinceYou Support NYCLA (to the tune of “If IHadAHammer”).This was first shared atReception for Donors to CentennialCapital Campaign.ViewNow!http://www.youtube.com/watch?v=Xx4ywieTQqESinceYou Support NYCLA (to the tune of“If I HadAHammer”)

Page 9: NY County Lawyer: December

Members and mother-and-daughterpartners Harriet Newman Cohen andMartha Cohen Stine of Cohen RabinStine Schumann LLP explain what mem-bership with the Association means tothem. Their dedication to each other, theLaw and NYCLA prove that “Althoughfather/son firms are common, and noteven interesting, mother/daughter firmsare rare, and very interesting!”

Martha first learned about NYCLAfrom her mother, “who had been a prac-ticing lawyer for about five years when Igraduated from law school,” shesays. “Law was my mother’s secondcareer. The first was raising four daugh-ters and teaching math at a publicschool!”Harriet fell in love with NYCLA while

studying at Brooklyn Law School. “Abeloved professor of mine told me thatNYCLA was the only bar associationthat had welcomed women and minori-ties into membership when the other barassociations and law schools did not.”“My mother was particularly sensitive

to this,” recalls Martha, explaining thatHarriet had experienced law school asone of the few women in the class. “Ijoined my mother at NYCLA a few yearslater, while a junior associate in the liti-gation department of a large NYC lawfirm.” Working virtually round the clockand spending many long hours in thelibrary, Martha says that “NYCLA

afforded me the opportunity to get out ofthe office and attend committee meet-ings, network and sharpen my skills byattending lectures and courses.”Harriet shares this opinion with her

daughter. “NYCLA is a vibrant bar asso-ciation, which involves itself in cuttingedge law-reform efforts and pro bonoprojects that assist the community atlarge with legal-related services, pro-vides first-rate legal education for itsmembers, bench and bar alike, offerscommittee memberships that provideinvaluable networking opportunities and

enhancement of legal skills and runsgreat parties!”“I love going to NYCLA’s annual

black tie dinner at the Waldorf everyyear,” says Martha. A singer with theBlue Hill Troupe, a Gilbert & Sullivantroupe that donates the proceeds of allperformances to charities, Martha “neverdreamed that one day I would be the onesinging The National Anthem in thebeautiful and gigantic grand ballroom ofthe world-famous Waldorf AstoriaHotel!”Networking opportunities and social

engagements are just the beginning ofthe partners’ involvement with NYCLA.Harriet has co-chaired NYCLA’sMatrimonial Law Committee withBankruptcy Judge Jeffrey Gallet and pre-sented talks as a panelist on cutting edgeissues in Matrimonial and Family Law.Martha was elected to the Board ofNYCLA’s Foundation , the supportingorganization for the Association that pro-vides financial support for all pro bonoprograms and the Hon. Harold Baer Jr.and Dr. Suzanne Baer Minority JudicialInternship Program. Additionally,Martha is a member of both theMatrimonial Law Section and FederalCourts Committee, having joined the lat-ter in an effort to stay connected withother areas of the law and meet col-leagues with varied practices. “The bestreason to join NYCLA is for what it con-

December 2011 / The New York County Lawyer 9

MEMBER NEWS

On November 15, Hinshaw &Culbertson LLP announced that DavidA. Lewis joined the firm in its LawyersProfessional Responsibility/RiskManagement Group. Mr. Lewis willpractice in Hinshaw’s NewYork office.Mr. Lewis serves on several promi-

nent committees throughout the state ofNewYork including NewYork CountyLawyers’ Association’s Board ofAdvisors for the Ethics Institute, andthe association’s Task Force onProfessionalism.

All in the Family

(See All in the Family on Page 12)

Page 10: NY County Lawyer: December

December 2011 / The New York County Lawyer10

Library Notes

Featured Internet Site

ExpertWitnesses and Legal Consultants(http://www.washlaw.edu/expert/#Gen) is aportal for lawyers provided by WashburnLaw School that can help you locate expertwitnesses, search for a job, access legalforms or manage your legal practice.

The Expert Witnesses and LegalConsultants web page is arranged alphabet-ically by an expert’s area of knowledge.Medical expert sources include the ForensicPanelLetter:(http://www.forensicpanel.com/)

that is updated daily with new free legalopinions and medical articles, ExpertForensic Psychiatry and Medicine fromHarvard Law School at (http://www.foren-sic-psych.com/), a useful site for learningabout psychiatry and the law and MedMatters (http://www.medmatters.net/)where you can find a medical dictionary,free medical articles, clinical practiceguidelines and purchase searches of med-ical literature.Alan Barbour’s Forensic Toxicology

Page (http://www.abarbour.net/), a sourcefor literature and experts can be found inthe area of the web page called OtherGeneral Experts.

Expert Pages (http://expertpages.com/)is another source of expert witnesses thatis arranged by topic or by an expert’sname. You can find a reputable privateinvestigator by clicking on PI Resourcesand Locator: (http://www.piresourcesand-locator.com/) or the Lexis PrivateInvestigator Pages: (http://experts.martin-dale.com/Private-Investigators/1010214-0-Professionals-Results.html) from theMartindale Hubbell Directory.

There are several vendors who candesign a website or provide accountingservices for your law firm that can befound by consulting the part of the site callLaw Practice Management Services. Ahelpful site that is in the same area iscalled Credits and Collections Tools on theInternet: (http://www.i-collections.com/).If you let your cursor move to the left sideof the top of the page, you can find manyresources to help you plan your career. Inaddition to classified ads and salary calcu-lators for solo professionals, you can finda judicial clerkship or a corporate or for-eign job. If you want to find a nontradi-tional job, a part of the site calledAlternative Employment can help youbecome part of an entertainment companywith a site called Showbizjobs(http://www.showbizjobs.com/dsp_job-search.cfm) and also provides many othersites for job hunters.

Attorneys can find some of the legalforms and software that they need byclicking on “Legal Forms,” which featuresarchives of free and fee-based forms. The

site provides bankruptcy, employment,government and corporation forms formany states. The Opticon (http://www.the-opticon.com/index.asp?section=3&page=59) has forms and legal information forattorneys and pro se individuals. Some ofthem can be downloaded and filled in forconvenience. Members pay monthly feesand can download up to 30 forms amonth.

Newly Updated

Bender’s Forms of Pleading Releasenumber 119 (LexisNexis MatthewBender).

Charges to the Jury and Requests toCharge in a Criminal Case: New York2011-2012 Supplement (Thomson West).

Immigration Law and Procedure,revised edition, Release number 134(LexisNexis Matthew Bender).

New York Civil Practice: CPLR, 2ndedition, Release number 141 (LexisNexisMatthew Bender).

New York Condominium andCooperative Law, 2nd edition, 2011-2012Supplement (Thomson West).

New York Criminal Practice, 2nd edi-tion, Release number 86 (LexisNexisMatthew Bender).

Steinman’s Bergerman and Roth NewYork Real Property Forms Release num-ber 80 (LexisNexis Matthew Bender).

Warren’sWeed on the NewYork Law ofReal Property, 4th edition, Release num-ber 127 (LexisNexis Matthew Bender).

Weinstein’s Federal Evidence, 2nd edi-tion, Release number 102 (LexisNexisMatthew Bender)

Periodicals

City Didn’t Slow Speeding Drivers,Accident’s Victim Alleged: Verdict$36,161,798, VERDICSEARCH New York(October 3, 2011).

Contemporary Sports Liability SportsLaw: Special Section, New York LawJournal (October 31, 2011).

Deciphering the NLRB’s Stance onLabor and Employment Issues, Labor andEmployment:

Special Report, New York Law Journal(September 24, 2011).

The Global 100: Special Report, theAmerican Lawyer (October 2011).

To make suggestions about book, e-book or database purchases, pleasecontact Anna Smallen or Dan Jordanby email at [email protected] [email protected] or by phone at 212-267-6646 ext. 204.

New Editions

Handling the DWI Case in New York,2011-2012 editiion (ThomsonWest).

ELECTRONIC RESEARCHCENTER CLE PROGRAMS

December

Westlaw: AdvancedThursday, December 11:30 - 2:30 PM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Westlaw: Trusts & EstatesThursday, December 13:00 - 4:00 PM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Lexis: IWednesday, December 710:30 - 11:30 AM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Lexis: Lexis for Microsoft OfficeWednesday, December 712:00 - 1:00 PM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Lexis: Expert Witness SearchingWednesday, December 71:30 - 2:30 PM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Westlaw: BasicWednesday, December 1410:00 - 11:00 AM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Westlaw: Real EstateWednesday, December 1411:30 AM - 12:30 PM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Using Bloomberglaw.com forLitigationThursday, December 1510:00 - 10:50 AM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Using Bloomberglaw.com for aCorporate Transactional PracticeThursday, December 1511:05 - 11:55 AM1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

U.S. Bankruptcy Court Electronic CaseFiling SystemWednesday, December 2110:00 AM – 12:30 PM2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35

2011 Attorneys’ Guide to Civil Practicein the New York County Supreme CourtPurchase the only publication that outlines procedures followed in the

Supreme Court of New York County, along with providing Part informationand biographies of the Justices who sit there.

Highlights include:• Commencing a Lawsuit• Assignments and Case Processing under CCJP• Motion Practice• Back Office and Major County Clerk Operations

Pricing:$50 for NYCLA Members$100 for non NYCLA Members

View Table of Contents and order now http://bit.ly/rmNHjw

Questions? Contact [email protected] or call 212-267-6646 ext. 208

Page 11: NY County Lawyer: December

December 2011 / The New York County Lawyer 11

Committee Connection

NYCLA’s ArtCommittee extends itssincere congratulations toNobel Laureate LeymahGbowee, who, along withEllen Johnson Sirleaf andTawakkul Karman, hasbeen awarded the 2011Nobel Peace Prize. Ourspecial thanks to AbigailDisney and Gini Reticker;as a result of their efforts,Film Festival attendeeswere able to witnessLeymah Gbowee’s criticalrole in bringing peace toLiberia in Pray the Devil Back to Hell,which was our December 2010 full-lengthfeature film. The film intimately capturedthe courage and solemn conviction of asmall band of Liberian women who –armed only with white t-shirts – cametogether in the midst of a very bloodycivil war to take on the violent warlordsand a corrupt regime to win peace fortheir shattered country.

Call For Entries – Submission DueDate: Last year’s Film Festival featuredan Academy Award- winning filmmakerand films that were both controversial andwell on their way to being widely received.Festival attendees were also treated tounique talk-back sessions with the film-makers, actors, writers, journalists and lawprofessors, all of whom were interested in

talking out about theircraft and why their filmsmattered. NYCLA’s FilmFestival provides a venuefor showcasing one’swork and obtaining feed-back.

In keeping with ourmission to provide mem-bers with a forum inwhich to showcase theirart, the Art Committeeinvites members to sub-mit their work for ourSecond NYCLA Film

Festival. Non-members’ work is welcomeby invitation of a NYCLA member ingood standing. Shorts and feature-lengthfilms in all genres will be accepted,including drama, comedy, documentaryand animation. Legal subject matter ispreferred but not required.

Please fill out the entry form at rightand return it by February 29, 2012. Sendyour entries to Isabel Abislaiman, 305Broadway, 14th Fl., NewYork, NY 10007or Monique Mulcare, Mayer Brown LLP,1675 Broadway, New York, NY 10019.

For more information, contact the ArtCommittee Co-Chairs -- Isabel [email protected] or Monique Mulcareat [email protected].

NYCLA Film Festival Post Script and Callfor Entries for Second Film Festival

Entry Form for Film Festival

Please fill out the following form to submit your information to NYCLA’sArt Committee. You will be contacted shortly thereafter for the rest of the sub-mission procedures.

First Name:_____________________________________________________

Last Name:_____________________________________________________

Phone:_______________________________

Email:_______________________________

Title ofProject:________________________________________________________

Genre:_________________________________________________________

Producer:_______________________________________________________

Director:_______________________________________________________

Year:_________________ Length________________

Country:______________

Synopsis:_______________________________________________________

Starring:________________________________________________________

Website:________________________________________________________

Availability of Director/Actor/Producer for

Q&A:________________________________________

Do not miss these January 2012Committee meetings

January 9 Law Related EducationJanuary 10 Supreme Court CommitteeJanuary 11 Young lawyers Section Committee “In Pratice with Jeffrey

I.D Lewis, Intellectual Property”Location: Patterson Belknap Webb & Tyler

January 13 Committee on Pro BonoJanuary 16 Civil Rights and Liberties CommitteeJanuary 17 Civil Court Practice SectionJanuary 18 Law & Literature (Joe Turner’s Come and Gone by August

Wilson)January 24 Immigration Committee

Check www.nycla.org for times and locations.Not a committee member? Join online today!

Regardless of how many years you arepracticing your bar association member-ship is the best tool advance your career.Whether you are searching for a job, look-ing to advance or hiring talent, bar associ-ations provide resources to meet everyprofessionals needs.For young attorneys, the New York

County Lawyers’ Association (NYCLA)guides and assist lawyers embarking ontheir careers. We cater to young lawyersneeds and concerns through our YoungLawyers’ section by developing and spon-soring programs focusing on job and net-working opportunities and hosting infor-mal meetings with judges and experi-enced lawyers.For seasoned attorneys we provide an

outlet to hone skills, interact withjudges, grow business and become aninfluencer in the community. NYCLAprovides recognition for your work,opportunities to publish and eventswhere you can engage with lawyers inyour practice area.Here are some tips to help you navigate

your membership.

1. Get Started

Join an associationYou are reading this, so check this off

your list!

Set your online preferencesOnce you join, NYCLA asks you to

customize your online preferences. Don’tskip this step. By filling out your prefer-ences, you cut through the clutter, youreceive customized information including,the news and career information youwant.

2. Get Involved

Join a committee or sectionNYCLA has over 30 to choose from.

Signing up is not enough – you have toshow up. Many committees bring inspecial speakers, host small networkingand roundtable events. The smallervenue is the perfect opportunity to meetpeople and find out about new opportu-nities in your field. By interacting withothers attorneys in your practice area,this can lead to hearing about job post-ings before they are shared with a wideaudience.

Participate in pro bonoBy helping others you earn CLE credits

and you gain new skills. Some programspair you with people seeking appeals incriminal courts. This is a great way to getsome trial hours under your belt and boostyour resume.

Attend events and networkAssociation officers, board members,

committee chairs and other volunteerleaders welcome members to these events– there is always someone to talk to. As asenior attorney you can learn a lot aboutthe professional needs of new attorneysand how you can support them as yougrow. As a young attorney you can meetsome amazing people, learn about what ittakes to get ahead.

Become an influencerThis is not as hard is it seems. We are

eager for content, people to lead projectsand host an event. Even if you can notcommit that much time, comment on blogarticles and share with your online com-munity. You would be surprised by howmuch this helps. Your name appears insearch engines and potential employersget insight to who you are. By gettinginvolved and sharing your knowledge,other people learn your name.

3. Get Connected

Read association publicationsPublications, including e-newsletters,

magazines and even CLE catalogues con-nect you to some of the biggest issues inthe profession. In many cases the topicsdiscussed are not the same as you will findin the media. Even looking at the ads inthese materials help you stay up to dateregarding new tools and resources. Bystaying on top of trends, resources anddiscussions, this will make you a moreinteresting candidate on an interview orhelp you in your current job, by workingmore efficiently.

Sign up for a mentoring programSign up to serve as a mentor to others or

be someone’s protégée. Either way this isa great way to network and find out aboutwhat the job market is like, where thereare growth opportunities and ways to

The Cure for a Challenging Economy:Your Bar Association Membership

(See Bar Association Membership on Page 15)

Page 12: NY County Lawyer: December

December 2011 / The New York County Lawyer12

2012 Trends2011 - 2012

NewYork CityCriminal Courts

ManualPurchase the only publication that

contains the fundamentals of crimi-nal law in New York and compre-hensive directories of judicial andnon-judicial personnel in NewYork,Kings and Richmond Counties.

Highlights include:• Structure of the Criminal Court• Commencement of action• Arraignment practices in Criminaland Supreme Courts

• Plea and sentencing issues

Pricing:$50 for NYCLA Members$100 for non NYCLA Members

View Table of Contents or ordernow

http://bit.ly/r2XwpjQuestions [email protected] call 212-267-6646 ext. 223

For our final issue we thought itwould be great to bring in experts sur-rounding ethics, career and technologyto share upcoming trends for next year.

Upcoming Ethics Issuesfor 2012By: Lew TesserPossible legal ethics issues in 2012

involve the increasing use of foreign attor-neys in the American legal system, theoutsourcing of legal work, expandedfinancing of litigation by investmentgroups, and the concern for security andindependence in online communication.The ABA Commission on Ethics 20/20was established to review the ABA ModelRules on Professional Conduct, with aspecial focus on advancements in technol-ogy and the expanding global legal mar-ket. Here are some of the subjects beingstudied by the Commission:

Admission of Foreign LawyersMany foreign clients face legal issues

requiring the involvement of both UnitedStates and foreign attorneys. Although 13states allow pro hac vice admission byforeign attorneys, the ABA has not takena final position on the issue. It is consid-ering whether in-house foreign attorneysshould be admitted pro hac vice andincluded under the temporary practiceprovisions of the Model Rules ofProfessional Conduct.

OutsourcingReflecting a trend in the global econo-

my, legal outsourcing has risen in the last

several years. TheABA is considering var-ious issues including firms’ obligations tosupervise foreign attorneys’ conduct andensure the competency of their training,legal skill and preparation. It is also takinga look at feedback from critics who arguethat outsourcing is inherently unethicaland will harm newer attorneys’ careerprospects.

Litigation Funding by Third PartiesThird-party funding of litigation pres-

ents ethical issues relating to the parties’control over the litigation, disclosure ofinformation and the fairness of the fund-ing terms. TheABA is considering variousethical issues relating to third-party fund-ing, which can arise when outside groupssuch investment or venture capital firmsfinance litigation in cases such as person-al-injury matters, employing their ownbusiness models rather than the client’s. Itis examining rules from other jurisdictionsthat limit the terms of fee-sharing agree-ments and the outside financiers’ involve-ment in the litigation.

Internet Data StorageAs more attorneys use the Internet and

technology to store data on client matters,issues arise regarding their ethical duty tosafeguard such confidential information.Being considered are issues relating toensuring the safety of such electronic stor-age devices, including the use of encryp-tion, sufficient passwords and firewalls.

Non-Attorney Ownership of Law FirmsAs technology and globalization play a

greater economic role, non-attorneys hav-ing an equitable interest in law firms hasarisen as an ethical issue. Advocates forallowing them to obtain an interest arguethat doing so would allow greater invest-ment of outside capital into smaller firmsand promote the involvement of marketingexperts. Critics suggest that this couldcompromise attorneys’ independence. TheABA is revisiting the issue to determinewhether non-attorneys should be allowedto obtain an ownership stake.

Online Advertising in Social MediaAs more attorneys use online social

media for both personal and professionalpurposes, issues arise concerning theethics of using sites such as Facebook orLinkedIn. The ABA is consideringwhether to address these issues in order toclarify the distinction between personaluse and advertising, to address inadver-tently creating an attorney-client relation-ship through such sites, and preventingpotentially improper social connectionssuch as attorneys “friending” judges theyappear before.

Mr. Tesser, Vice President of NYCLAand director of the NYCLA EthicsInstitute, can be reached at [email protected]. He is senior partner at Tesser,Ryan & Rochman, LLP, with a litigationpractice focusing on criminal and civil tri-als, negotiations, arbitrations and media-tions, including class actions.Thank you for the valuable assistance of

Tesser, Ryan, & Rochman, LLP associateTim Nolen who assisted with this article

By Russ Korins, Esq.

This past fall, it seemed like every week,an article or opinion piece in The NewYorkTimes, The Wall Street Journal or TheEconomist questioned the value lawyersprovide. These questions are understand-able: clients are under pressure to controlcosts and watched the price of legal serv-ices soar in the last decade.

Value, however, is relative. A high price isnot too expensive if what you receive for it isvaluable. In addition, a lower price can stillbe perceived as a bad deal if the buyer doesnot understand its value. The way clients per-ceive value is significantly informing the cur-rent commentary on legal services and a rea-son why clear illustration of value to clientswill be key in the next year.

To be sure, the complex challenges inthe legal marketplace are not only a com-munications problem. However, lawyersare in a profession that should withstandbargain-rack mentality: experience, pro-fessionalism and judgment matter. Nobodyever brags they have the cheapest lawyer;they only brag when they have the best.Attorneys have plenty of things to drawfrom in making a better case for them-selves.

Here are a few ways attorneys can start onestablishing their value more convincingly:

Your biography — online and offlineMost attorney biographies simply rattle

off a list of accomplishments and previoustransactions. No wonder clients are left

without a clear sense of why the fees theypay are justified. It is time to jettisonphrases with no value such as “extensiveexperience” in 10 areas of your practice.Just as you select evidence for an argu-ment, select the parts of your experiencethat your ideal clients will most appreciate.Use that version in both your written biog-raphy and verbal introductions when meet-ing people. The minute you start speakingwith someone, every word should serve asevidence that your work is worth everypenny.

Solutions and opportunitiesThe most successful businesses market

themselves by showing how their productor service is the solution to a problem orkey to an opportunity. Attorneys shoulddo the same, and more law firms are start-ing to use this approach, called “client-centric marketing.” Clients do not saythey need “commercial litigation” or“trusts and estates.” They say they needhelp resolving a business dispute or pro-tecting loved ones. When you describeyour services in this client-centric way,the value of your service becomes muchclearer.

Client industry and market knowledgeBusiness executives are looking for

lawyers who understand their business,anticipate their needs, understand what iskeeping them up at night and deliver workwith the value of a trusted teammate. Oneway you can do this is to stay informedabout your clients: it is easier than ever tokeep track of their industry and marketdevelopments. Invest time in learningabout your clients, and making sure they

know how informed you are. When a busi-ness executive sees you as in indispensablesounding board on any business matter, thevalue of your fees will never be in question.There are sure to be more articles ques-

tioning the value of lawyers. Do not let

them distract you. Respond by making itcrystal clear how valuable your work is,and then reap the rewards of doing so.

Russ Korins, Esq., Nimbus Law FirmMarketing, advises law firms on marketing

Clear Illustration of Value to Clients Will Be Key in 2012

tributes to its members, for what itsmembers contribute to it and for pro-fessional stimulation and joy,” saysHarriet. “It provides camaraderie atthe highest level among bar andbench, and the interchange andexchange of law-related ideas in apositive, comforting and supportivesetting.”The supportive setting afforded to

Harriet at NYCLA is also evidencedin her practice. Martha says that herlegal training continued when shejoined her mother’s practice and beganto specialize in family and matrimoni-al law. “Harriet and I have been inpractice together for 18 years and arestill going strong. I have learned somuch from my mother both on a pro-fessional and personal level and we,together with Bonnie Rabin, GretchenSchumann and our associates andstaff, have built a fantastic matrimoni-al and family law firm. Looking back,I am grateful that my mother wascourageous enough to take the risk ofallowing her daughter to join her prac-

tice. Although father/son firms arecommon, and not even interesting,mother/daughter firms are rare, andvery interesting! When I joined thefirm, Harriet was a leader in her fieldand a superstar, and she still is. She isa phenomenally talented attorney. Sheworks harder than anyone else, is gen-erous and loyal, and fiercely devotedto her clients. I believe that I am fol-lowing in her footsteps. Years ago, aclient once said something that Itook as a compliment: she said thatHarriet had been recommended, butthe person told her, if you can’t getHarriet, try to get the daughter. I’lltake that! Being in practice with mymother, with the loyalty and trustthat is built into that relationship,and with the rewards we derive fromour day-to-day life working together,has been a blessing. We feel veryfortunate, and don’t take a singleminute for granted.”Harriet couldn’t agree more. “It is

the fulfillment of my dreams thatMarti is my named partner in ourmatrimonial and family law firm andthat she is an active member ofNYCLA.” she says. “I see it as the‘passing of the torch.’”

All in the Family(Continued From Page 9)

Page 13: NY County Lawyer: December

December 2011 / The New York County Lawyer 13

By Robert Half Legal

Despite a still-recovering economy, hir-ing has picked up at both law firms andcorporate legal departments, according tothe 2012 Robert Half Legal Salary Guide.The upturn in legal hiring has led to atightening talent market. Nearly half (49percent) of lawyers polled by Robert HalfLegal said it’s challenging for their lawfirms or companies to find skilled legalprofessionals. As competition for top can-didates has intensified, multiple offers,counteroffers and signing bonuses havebecome more common.

Legal salaries are making slight gainsafter several years of staff reductions andsalary freezes. The Salary Guide projectsstarting salaries to rise an average of 1.9percent over 2011 levels, though provenperformers and candidates with in-demand expertise are likely to be offeredhigher starting compensation.

Law firms of all sizes are adding expe-rienced associates. Lateral hiring ofmidlevel lawyers continues as firms seekprofessionals with a solid portfolio ofclients and business development skills.Firms are adding staff to expand lucrative

practice groups, such as litigation, healthcare, bankruptcy/foreclosure and corpo-rate transactional law.

The hiring environment for new lawschool graduates remains challenging.Firms still are not recruiting entry-levelassociates in significant numbers, andmany summer associate programs havebeen reduced or put on hold. New entrantsto the work force are increasingly accept-ing internships or project assignments tobuild experience and make the contactsneeded to find full-time employment.

Legal professionals with in-demandexpertise are likely to see expanding jobopportunities and more bargaining powerat the salary negotiation table. To attractand retain top performers, employers willwant to ensure compensation and benefitsare competitive.

For more detailed information onsalary and hiring trends, consult the 2012Salary Guide from Robert Half Legal.Access the guide, as well as salary calcu-lators that compute starting salaries inlocal markets, at http://www.roberthalfle-gal.com/salarycenter

2012 Salary Guide ProjectsLegal Hiring And Salary Trends

By Matthew F. Knouff

At the Masters Conference sessiontitled “Updates from the Bench,” I mod-erated an informative discussion withthree federal judges: Magistrate JudgesThomas J. Shields and David J. Waxse,and former Magistrate Judge RonaldHedges. In response to my questions, thejudges shared their views on coopera-tion, how to effec-tively prepare fordiscovery and thecourt’s role in ensur-ing proportionalityin the process. Thefollowing is a short synopsis of the keypoints they discussed.The judges emphasized the impor-

tance of focusing on the issues of thecase rather than the process. In the dis-cussions about proportionality, FRCPrule 26(g), as it relates to the discov-ery request, response and objections,was mentioned often. They remindedattendees of the need to abide by thisrule to avoid potential fines. They alsoencouraged the attendees to familiarizethemselves with the SedonaConference publications and educatethemselves about electronic discoveryin order to provide competent repre-sentation to their clients.Early in the session, the judges

stressed the fact that the issues of thecase must be the paramount consider-ation when approaching eDiscovery.They reminded the audience thatRule 11 requires parties to affirm thattheir actions are based on an inquiryinto the facts of the case. If attorneysfocus on identifying and narrowingdown the issues prior to consideringdiscovery, much of the discoveryconflict becomes unnecessary, butpeople “get their armies underway”immediately, which creates unneces-sary complexity. Once you under-stand the issues, you can review yourclient’s data to prepare for the Meet& Confer. The idea here is to start aconversation.These are the key subjects that

should be addressed in the Meet &Confer:• Estimated number of custodians of

ESI who will be subject to retentionand discovery• Estimated number or items of ESI

likely to be at issue• Agreed timeframe of all searches

performed by all parties• Search format agreement• Search terms agreement• Whether the existence of, or reten-

tion of, ESI has been identified in theinitial disclosures exchanged or to beexchanged• The implementation of litigation

holdsOnce these key items are clarified,

you have a clear roadmap for proceed-ing with discovery.In the discussion about proportion-

ality, the audience heard about theneed to approach the case with a holis-tic viewpoint. Much discovery isdesigned as a preparation for trial,however, fewer than one percent ofcivil cases go to trial, so parties must

determine the value of the case inorder to determine the most reason-able course of action. Again, thejudges referred to the Federal Rules ofCivil Procedure; this time it was Rule26(g). The judges noted 26(g)(B)(iii)“every discovery request, response, orobjection” must be:neither unreasonable nor unduly

burdensome or expensive, consideringthe needs of thecase, prior discov-ery in the case, theamount in contro-versy, and theimportance of the

issues at stake in the action.The judges use this rule as a tool to

encourage parties to strive for propor-tionality.One of the judges noted the value of

the Sedona Conference publications asguides to successful eDiscovery. Hementioned “The Sedona ConferenceCooperation Guidance for Litigators &In-House Counsel,” published March2011 and the “The Sedona ConferenceCooperation Proclamation; Resourcesfor the Judiciary,” which was releasedfor public comment in August 2011, asvaluable toolkits for those respectiveaudiences. Both of these publicationsare designed to help facilitate a “just,speedy and inexpensive resolution oflegal disputes on the merits facilitatedby cooperative, collaborative, andtransparent discovery.”1 These publi-cations are available for download onThe ,Sedona Conference website,www.thesedonaconference.org. TheJudges stressed that the audience musteducate themselves and their col-leagues on matters related to the dis-covery of ESI.Finally, I asked the judges about

potential rule changes in the future.They saw change as a more organicprocess. They believe that changes ofattitude rather than rule changes will bethe key impetus toward proportionality;we need cooperative counsel trying tofind speedy and efficient solutions. Theytold attendees that attorneys have tomove away from the idea of zealousadvocacy; that is a dated idea. In this lit-igation environment, it does not servicethe clients well.The overriding emphasis during the

sessions was that cooperation ineDiscovery is the key to a just, speedyand cost-effective resolution of legaldisputes. It’s time to pull off the glovesand sit down at the table.

Matthew F. Knouff is the GeneralCounsel & eDiscovery Counsel forComplete Discovery Source |Electronic Discovery Services,NYCLA’s eDiscovery partner. NYCLAmembers receive special discounts, formore information visit www.nycla.orgclick on benefits or www.cdslegal.com

1. The Sedona ConferenceWG1 (2010)The Sedona Conference CooperationProclamation; Resources for theJudiciary. Public Comment Version.Retrieved from http://www.thesedona-conference.org/dltForm?did=Judicial_Resources.pdf.

Judiciary Panel Take Aways:Proportionality in eDiscovery

LinkedIn is reportedly themost popular business socialnetworking site used by attor-neys. In fact, a recent reportshows that 70 percent of cor-porate counsel use the site asa tool and half rely on it.Executives from everyFortune 500 company areusing it.

To help law firms attractand retain more clients using LinkedIn, Ihave identified 10 different opportunitiesattorneys should take advantage of.

10 Ways Law Firms Can UseLinkedIn to Attract and Retain MoreBusiness

1. Build relationships with potentialclients.If you deal with corporate business,

small business or real estate issues then youcan use LinkedIn to network with potentialclients and educate them so they will wantto come to you with their problems.

2. Build relationships with potentialreferral sourcesFor example, an attorney who specializesin social security law can network withpartners or employees at general practicefirms so they can pass business on to you.Business lawyers can network withaccountants and business advisors.Lawyers that work in the real estateindustry can connect with realtors whocan refer business to them. Elder-careattorneys can network with assisted liv-ing homes and caregiving serviceproviders and associations who can referbusiness to them.

3. Create a community oflike-minded professionals.For example, if you are a

real estate attorney, educatea group of real estate agentsso they can refer business toyou or use you if theirclients need your advice.Within this group, you needto create conversations andlink prospects, referralsources and the media back

to your blog or website where they can geteven more information. Notice, yourLinkedIn group is part of the lead genera-tion funnel.

4. Build relationships with the media.Ninety-two percent of all media profes-sionals are on LinkedIn, which is morethan any other social networking site. Thatmeans editors, journalists and reporters oflocal, regional and national publications,and other media types are available to you.You can reach out to these individuals andinvite them to your group so they can seethe type of information you can offer theirreaders, listeners or viewers.

5. Spread your content and prove youare a thought leader.Placing your content, expertise and

messages in front of targeted prospects isthe absolute best way to attract new clientsand referral sources. That’s why you needto join groups where your prospects aregoing to for information you can provideand engage in conversations.

6. Nurture relationships with existingclients.Your marketing and relationship build-

Marketing Tips for Law Firms:How Lawyers Can Attract and

Retain More Clients Using LinkedIn

(See Marketing Tips on Page 15)

Page 14: NY County Lawyer: December

December 2011 / The New York County Lawyer14

Young LawyersMeetings and Events

January 11, 2012In PracticeHost: Jeffrey I.D. Lewis, IntellectualProperty Partner at Patterson BelknapWebb & Tyler LLP

Topic: Careers in IPProgram Chair and Moderator: YitzyNissenbaum, Esq.

Time: 12:30-1:30 PM

January 2012 (TBD)In PracticeHost: Floyd AbramsTopic: The First AmendmentProgram Chair and Moderator: DorianneVan Dyke, Esq.

Time: 12:30-1:30 PM

January 17, 2012Section MeetingGuest Speaker: Peter Newfield, Presidentof Career-Resumes

Topic: Resume Writing and a FREEResume Critique for all Attendees

Time: 6:30 PMLocation: Blank Rome LLP, 405Lexington Ave, NY, NY

January 26, 2012Public Forum/Networking Mixer“So You Want to Be a Trial Lawyer”Panelists: Charlotte Owens - BrooklynDistrict Attorney’s Office; LindseyJames - Corporation Counsel, Tort

Division - Kings County; Ryan O’dell -Bronx Defenders; Adam J. Roth -Wingate Russotti & Shapiro, LLP; andthe Hon. Jane Solomon of the NYSupreme Court

Program Chair and Moderator: AdamRoth, Esq. (Wingate, Russotti &Shapiro LLP)

Time: 7:00 PMLocation: NYCLA Home of Law, 14Vesey Street, NY, NY

February 2012 (TBD)“In Chambers”Host: The Honorable Debra AnnLivingston, Associate Judge of the U.S.

Court of Appeals for the 2nd Circuit

Time: 12:30-1:30 PM

February 21, 2012Section MeetingGuest Speaker: Tom Golden, FormerHiring Partner of Wilkie Farr &Gallagher.

Topic: “What Hiring Partners Look For InApplicants.”

Time: 6:30 PMLocation: Blank Rome LLP, 405Lexington Ave, NY, NY

Check the NYCLA calendar atwww.nycla.org to RSVP for events.

More events for the year should be postedshortly.

On October 27 new attorneys and seasoned professionals mingled while enjoying aWeyerbacher beer at NYCLA’s Annual Oktoberfest!

Oktoberfest

To Advertise inNew York County Lawyer, Call

(631) 427-7000

Page 15: NY County Lawyer: December

December 2011 / The New York County Lawyer 15

S E R V I C E D I R E C T O R Y

enhance your resume. If you are a sea-soned professional this is a great way toshare your influence and help grow yourpractice.

Connect through social media channelsWhether you are into Twitter, LinkedIn,

Facebook etc., there are avenues for mem-bers to engage online. Through socialmedia channels, career related discussions

are taking place and members are offeringtips to get to that next level. Of course,let’s not forget the obvious – job postingsappear on these channels too. Less obvi-ous, these places are great for advice. Ifyou are stuck on a project and need helpmembers are there to share their experi-ence. Do not forget to share what youknow as well.

Participate in CLE coursesDon’t just attend to get your credits –

really participate. Take a course that is outof your comfort zone. Recently NYCLAoffered Acting for Lawyers, this classforced participants to get involved. By tak-ing an interactive class, we had to work onour speaking skills. Remember, we are notall litigators.

Work the Online DirectoryThe online directory is usually search-

able and you can find members from spe-cific organizations. If you see a positionposted for a certain company, check to seeif a member works there and reach out tothem. They can provide backgroundknowledge on the company and position.You would be surprised how many peoplewant to help someone else and provideinsight.

Making it work for youRemember you do not need to do every-

thing on this list. Find what works for youand take it from there. Enjoy yourself in

the process and you will be sure toadvance your career.

About Dan WiigDaniel K. Wiig is an associate at Mintz

& Gold LLP, where his practice focusesprimarily on commercial litigation. Hebegan his legal career as the CommercialDivision law clerk to Hon. Richard B.Lowe III, NewYork State Supreme Court,Commercial Division. He then served aslaw clerk to Hon. Eileen Bransten, also inthe Commercial Division.Mr. Wiig is the Co-Chair of the New

York County Lawyers’ Association YoungLawyers’ Section. Prior to his appointmentas co-chair in May 2010, Mr. Wiig chairedthe Section’s Subcommittee on theJudiciary, where he organized the success-ful “In Chambers” Program. In addition,he serves as chair of the Judge RecruitingTeam for the New York City Bar’sNational Moot Competition; is a contribu-tor to the Commercial Division LawReport, which is published by the NewYork State Bar Association’s Commercialand Federal Litigation Section and theOffice of Court Administration; and sitson the Board of Directors of Helping isEasy, Inc.Mr. Wiig is a cum laude graduate of

Brooklyn Law School, where he was aFellow of the Center for the Study ofInternational Business Law. He receivedan MBA from Fordham University andB.A., cum laude, from St. John’s

ing efforts should not stop once someonebecomes a client. That’s why attorneysshould have a group specifically for pro-viding ongoing, exclusive content andinformation just for clients where they cananswer more specific questions. This willhelp you with client retention.

7. Perform market research that youcan promote with articles and pressreleases.Recently a client of mine who is a work-

place communication expert conducted onLinkedIn a study of CEOs, presidents,vice presidents and managers. From hisresearch he found that 44 percent of theexecutives surveyed were unhappy withtheir employees’ performance and theirown communication style. Using his sur-vey questions, he was also able to uncoverwhat problems they were encountering.

With this knowledge he then created:

• A report that showcased the results.• A press release to reveal the results and

position him as a thought leader.• Webinars to discuss solutions to the

problems his audience was encountering.• Articles and LinkedIn discussions to

promote the study, the report and theevent.• A complete marketing and PR plan

and strategy based off this study.

8. Build an extensive network of con-nections who can be expert witnessesfor your clients.By building a relationship with those whocan be expert witnesses for issues relatingto your law specialty, you give prospectsand clients a reason to hire you. Now, youare combining your expert knowledge inthe industry with support that other lawfirms may not be able to offer.

9. Stay up to date on what’s happeningin your industry.Join groups that your peers, colleaguesand competitors belong to. This will helpyou stay current on trends, problems, con-cerns and even cases in your industry. Youwill be able to see what others are talkingabout and have to share. You can also usethis as an idea bank for articles and pressreleases that you can write to promoteyour law firm.

10. Showcase your attorney’s abilities.Every attorney in your practice shouldhave a LinkedIn profile, which should belinked from the company website. Thiswill enable clients or prospects to reachout to your practice in another way and ona more personal level. The lawyers willalso be able to update their profiles toshowcase their skills, abilities, articlesthat were published and media mentionswithout having to pay expensiveWebmaster fees. .Now, as I said earlier, LinkedIn is report-

edly the most popular business social net-working site used by attorneys. In fact, aLinkedIn search for the keyword “legal”gave me more than one million results.However, only a small percentage of theseattorneys are using LinkedIn to its fullestpotential for bringing in more clients,referrals and publicity. The question is:Areyou willing to break through the pack andbecome part of that small percentage ofattorneys who are using LinkedIn effec-tively to market their law firms?

About the Author:LinkedIn Marketing Expert Kristina

Jaramillo creates online marketplace oppor-tunities for lawyers and law firms who wantto attract more clients. Now, you can uncov-er the LinkedIn marketing mistakes you aremaking the opportunities your law firm ismissing by grabbing Kristina’s report at:www.Free14LinkedInMistakesReport.com.Get this report for free and start gettingmore publicity, more clients and morereferrals!

Marketing Tips(Continued From Page 13)

Bar AssociationMembership(Continued From Page 9)

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December 2011 / The New York County Lawyer16

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