bar association of erie county vol. 46 | no. 6 |february ... · pdf filebar association of...

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B U L L E T I Nwww.eriebar.org

President’s LetterBy Stephen R. Lamantia

PRSRT STDU.S. Postage

PaidBuffalo, NY

Permit No. 416

Bar Association of Erie County Vol. 46 | No. 6 | February 2007

A Tragedy and a TravestyOn the evening of December 5, 2006, City of

Buffalo police officers Carl Andolina and PatriciaParete were shot and seriously wounded in theline of duty while conducting a routine investiga-tion of a complaint. The shooting took place onthe corner of West Chippewa and Whitney Place,within a few short blocks of where I was born andraised on the lower West Side of Buffalo. A suspectin the shooting was apprehended at the scene asthe result of the heroic actions of Officer Andolina,who was shot at point blank range in the processof apprehending the suspect. His partner, OfficerParete, was gravely wounded when she was shotin the jaw and the bullet lodged near her spine.Following surgery at ECMC, she was transferredto a rehabilitation facility in New Jersey for spe-cialized care and treatment. The shooting of thesetwo police officers was a tragedy. I know that theentire western New York legal community joinsme in saluting the bravery and dedication of thesetwo officers as well as praying for their completeand speedy recovery.

While driving home on the afternoon followingthe shooting, I wanted to find out how the twopolice officers were doing in their battle to survivepotentially life-threatening injuries. I turned onmy car radio to a local news station in an attemptto get an update on their medical condition. WhenI did so, I heard a local radio talk show host dis-cussing the previous night’s shooting of these twopolice officers. After praising the courageousactions of the two officers and bemoaning the factthat New York state does not have a death penal-ty for such a crime, he went on to take issue withsome recorded comments by the mother of theteenage suspect, who referred to her son as a“good kid” who only got in trouble when he wentoff his medications. Sadly, the radio talk showhost then used the tragedy of the shooting of thesetwo police officers as an opportunity to engage inlawyer bashing. He stated that the suspect would

Pictured above at the Judicial WelcomingCeremony held on Wednesday, January 3 in ErieCounty Hall are, left to right: BAEC vice presidentCheryl Smith Fisher, Lenora B. Foote, Erie CountyFamily Court Support Magistrate, Hon. Sharon S.Townsend, Chief Administrative Judge, Eighth JudicialDistrict, Hon. Eugene M. Fahey, Hon. M. WilliamBoller, Hon. Henry J. Scudder, Presiding Justice of theAppellate Division, Fourth Judicial Department, Hon.John L. Michalski, Hon. Michael L. D’Amico, Hon.Frank Caruso, Hon. Timothy J. Walker, Hon. Erin M.Peradotto, Hon. Timothy J. Drury, Catherine E. Marra,

Erie County Family Court Support Magistrate andBAEC president Stephen R. Lamantia.

Not pictured are Hon. Craig D. Hannah and Hon.Eugene F. Pigott, Jr.

Justice Scudder presided over the ceremony, whichis held annually at the beginning of the new year tocongratulate and welcome newly elected, re-electedand appointed members of the judiciary to the bench.The Association’s past presidents welcomed the candi-dates and all courts of record were represented. [B]

The much-publicized changes to New York’s attor-ney advertising regulations are scheduled to becomeeffective February 1. The New York State UnifiedCourt System recently released the amendments to theCode of Responsibility. The final version of the newregulations differs considerably from the draft that wascirculated and the final result is being both applaudedand maligned by attorneys from coast to coast whoexpect to be affected by the changes.

New York State Bar Association President Mark H.Alcott applauded the new regulations and praised the

New Attorney Advertising Regulations Take Effect Feb. 1courts for working with the legal profession in a collab-orative process to alleviate concerns the Association hadwhen draft rules were announced last year. The newregulations were intended to protect consumers frominappropriate, misleading, or overly-aggressive adver-tisements.

Many key elements contained in the rules resultedfrom input given by the State Bar’s Task Force onAttorney Advertising, after the initial proposals wereissued last fall. Some of these components include:

Photo by Susan L. Kohlbacher

Ringing in a New Judicial Year

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…of Buffalo’s Landmark Twentieth CenturyClub at the 2007 President’s Ball in Honor ofPresident Lamantia and the Association’s PastPresidents.

Don’t miss this year’s black-tie optional gala to beheld on Saturday, March 10 from from 7:00 until10:00 p.m. featuring cocktails, hors d’oeuvres, foodstations, live music and dancing. The Club is locatedat 595 Delaware Avenue between Allen and NorthStreets. Parking is located at the back entrance, 516Franklin Street.

Mark your calendar now and watch your mailfor further details.

Experience the Elegance…

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www.eriebar.org | February 2007

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BOARD OF DIRECTORSDaniel J. Furlong, Christopher S. Mattingly, Bonnie T. O’Connor, Deanne M.Tripi, Leonard Berkowitz, John V. Elmore, Patrick J. Maloney, Candace K.Vogel, Jill K. Bond, Robert J. Feldman, Glenn Edward Murray and Shari JoReich.

LIFE MEMBERSMark A. Adrian, Carol J. Alaimo, Brian D. Baird, Lynn A. Clarke, William J.Cunningham, Victor J. Gagliardi, Sharon Stern Gerstman, Jean E. Gittler,Donald J. Holzman, J. Eldon Owens, Lauren D. Rachlin, Jeffrey A. Spencer,James M. Wadsworth.

CONTRIBUTING MEMBERSJoan Casilio Adams, Peter S. Aiello, Michael A. Amico, Grace Marie Ange,Richard J. Attea, Hon. Rosalie M. Stoll Bailey, Stephen E. Barnes, Edwin T.Bean, Jr., Thomas R. Beecher, Jr., Ronald P. Bennett, Leonard Berkowitz,David W. Beyer, Richard S. Binko, Richard N. Blewett, Michael M. Blotnik,Frank J. Boccio, Harold J. Brand, Jr., Peter J. Brevorka, Phillip Brothman,James E. Brown, T. Alan Brown, Joel Brownstein, David Buch, Sarah HillBuck, James P. Burgio, Michael C. Burwick.

John F. Canale, James N. Carlo, John J. Carney, Peter B. Carr, Alan S. Carrel,Francis X. Carroll, Thomas R. Cassano, Stephen E. Cavanaugh, FerdinandJ. Ciccarelli, David M. Coffey, John F. Collins, Joseph A. Collins, William B.Collins, Anthony J. Colucci, Jr., Robert B. Conklin, Robert N. Convissar,Edward C. Cosgrove, Peter L. Costa, Douglas S. Cream, Hon. John T.Curtin, Steven P. Curvin, Roger T. Davison, Dennis J. Dee, John M.Dempsey, Richard F. DiGiacomo, Anne C. DiMatteo, Robert G. DiVita,David A. Doll, Dean M. Drew, Robert B. Druar, Hon. Timothy J. Drury,Marvin T. Dubin, Robert E. Dwyer, Donald B. Eppers, Leo J. Fallon, Victor N.Farley, Mark G. Farrell, Gabriel J. Ferber, Michael E. Ferdman, Robert P.Fine, Peter J. Fiorella, Jr., Brian P. Fitzgerald, Thomas P. Flaherty, Richard E.Forrestel, Sherwood E. Freed, Jeffrey M. Freedman, Maryann SaccomandoFreedman, Robert Friedman, John T. Frizzell, John J. Fromen.

Thomas J. Gaffney, Arnold B. Gardner, William H. Gardner, Eugene M.Gaughan, Stuart A. Gellman, Robert M. Goldstein, Richard H. Gordon,Wayne R. Gradl, Josephine A. Greco, Hon. Samuel L. Green, John C.Grennell, Richard F. Griffin, Lowell Grosse, John J. Gruber, Mark W.Hamberger, F. Bernard Hamsher, Barbara Ellen Handschu, Thomas J.Hanifin, Charles F. Harrington, James P. Harrington, John E. Haslinger,Mary Louise Hayden, Herbert J. Heimerl, Jr., William R. Hites, Susan S.Hogan, Edwin P. Hunter, Melvyn L. Hurwitz, David Jay, Norman E. Joslin,James B. Kane, Jr., Judith D. Katzenelson, Daniel L. Kaye, Christopher C.Kerr, James J. Kirisits, William J. Kita, William R. Kneeland, Wells E. Knibloe,Christian G. Koelbl III, Dan D. Kohane, Ellen M. Krebs, Karl W. Kristoff,Thomas E. Krug.

Stephen R. Lamantia, Hon. John P. Lane, William E. Lawson, Richard J.Lehner, William E. Leising, Martin G. Linihan, John N. Lipsitz, RichardLipsitz, Arthur A. Lorenzo, Harry E. Lorenzo, William J. Love, Jr., Leo M.Lynett, Jr.

James L. Magavern, Irving C. Maghran, Jr., Mark J. Mahoney, W. BarryMallon, Arthur J. Maloney, Richard C. Marcus, John Markarian, Mary DeeMartoche, Hon. Salvatore R. Martoche, Maureen A. McCready, Thomas I.McElvein, Jr., James T. McFarland, John M. McKee, Diane J. McMahon,Hon. John A. Michalek, Raymond T. Miles III, Hon. Joseph D. Mintz, AlbertJ. Mogavero, Richard E. Moot, Robert B. Moriarty, Peter J. Murrett, Jr.,Arthur F. Musarra, Joseph M. Nasca, Edgar C. NeMoyer, James M. Nesper,Paul T. Nesper, Stephen M. Newman, John P. Noble, Anthony M. Nosek,James J. O’Brien, Thomas E. O’Brien, Robert L. O’Connell, Denise E.O’Donnell, Hon. John F. O’Donnell, Timothy M. O’Mara, Francis J.Offermann, Jr., William J. Ostrowski.

Carl P. Paladino, Frank R. Papa, Thomas C. Pares, James A. Partacz, Hon.Erin M. Peradotto, Robert H. Perk, Jeffrey A. Perla, Hon. Eugene F. Pigott,Jr., Joel M. Poch, Francis B. Pritchard, Samuel G. Puleo, Theodore J. Pyrak,William T. Quigley, Anthony J. Renaldo, James P. Renda, Mary K. Roach,Earl T. Robinson III, Jay N. Rosenthal, Marcella Rosinski, Hon. Mario J.Rossetti, Victor A. Rossetti, Richard P. Rosso, Arthur J. Rumizen, Ross L.Runfola, Louis J. Russo, Thomas Santa Lucia, Edward J. Schwendler, Jr.,Richard B. Scott, Eugene M. Setel, Donald P. Sheldon, Richard J.Sherwood, Irving M. Shuman, David Siegel, Herbert M. Siegel, Louis H.Siegel, Myron M. Siegel, Robert G. Sillars, Richard Charles Slisz, CharlotteSmallwood-Cook, Oscar Smukler, Isadore Snitzer, Robert B. Sommerstein,Christopher A. Spence, Gregory Stamm, Donald S. Stefanski, Robert S.Stephenson, E. W. Dann Stevens, David G. Stiller, Milton J. Strebel, DavidL. Sweet.

Dominic J. Terranova, Phillip A. Thielman, Gordon D. Tresch, Daniel G.Tronolone, Thomas V. Troy, Frederick D. Turner, Dimitri J. Tzetzo, Richard P.Valentine, Charles Van Volkenberg, Peter A. Vinolus, Joseph C. Vispi,Coleman Volgenau, Dale M. Volker, Matthew X. Wagner, Jr., James R. Walsh,John B. Walsh, Neil Weinberg, Peter C. Wiltse, Douglas L. Winokur, WayneD. Wisbaum, Raymond V. Wylegala, Richard D. Yellen, George M.Zimmermann, H.A. Terri Zionts.

EDITORIAL BOARDEditor ............................................Bonnie D. KamLaw Editor ....................................Jeffrey A. SpencerTax Notes Editor ..........................Gary D. BorekArt Editor ....................................Hon. David J. MahoneyEditorial Assistant ........................Susan L. Kohlbacher

OFFICERS AND DIRECTORS | 2006-2007President ......................................Stephen R. LamantiaVice President ..............................Cheryl Smith FisherTreasurer........................................Robert N. Convissar Deputy Treasurer ..........................Peter J. BattagliaExecutive Director........................Katherine Strong Bifaro

Vol. 46 | No. 6 | February 2007

BAR ASSOCIATION OF ERIE COUNTY

Organized 1887

438 Main Street, Sixth Floor | Buffalo, New York 14202

(716)852-8687 | fax (716)852-7641 | www.eriebar.org

Bulletin correspondence: [email protected]

Letters to the editor and short articles of general interest to our readers

are always welcome. All materials submitted for publication in the Bulletin

are subject to editing for reasons of style, space and content.

Send all submissions as Word documents to [email protected]

(preferred) or by mail to: Bulletin Editor, 438 Main Street, Sixth Floor,

Buffalo, NY 14202.

Reserve your advertising space for the March 2007 Bulletin TODAY!Call Susan Kohlbacher at Bar Headquarters for more information, 852-8687.

D E A D L I N E • • • March 2007 Bulletin D E A D L I N E • • •

The next deadline for ALL Bulletin contributors and advertisers is Friday, February 9, 2007.

Dear Editor:

Jennifer Stergion’s article was an excellent exposeof the recent rubbish rules promulgated by public ser-vants from above! Sometimes it takes a courageous lawstudent to speak the irreverent truth to powerfulbureaucrats.

I also note that under the new rules, ALL ads pub-lished must be filed with the court. So now taxpayersmust pay additional public servant clerks to receive,file, index and retrieve any ad requested? Over theyears, that will cost millions in taxpayer-funded clerks(salaries, benefits, and pensions) and computer data-bases (with the services of additional IT assistants too).

The new rules are so technical, I feel at risk of inad-vertent sanctions, unless I hire a “compliance” assis-tant, which as a solo practitioner, I cannot afford.These rules have mandated a monstrous and expensiveburden, created as pablum to placate public umbrageresulting from a few lawyers who overreached in theiravaricious billboard and TV advertising.

For years, I have paid for many congratulatory/sup-portive ads at the events (lunch/dinner programs) ofmany wonderful organizations, such as the MinorityBar Association, Women’s Bar Association, etc. AlthoughI am neither a minority nor a woman, I have paid tocongratulate their well-deserved awards, and theiraccomplishments; and I have long supported theirsalutary goals. Not likely anymore, if I have to file mymere congratulatory/supportive ads with some facelesscourt clerk who works at taxpayer expense, supported

No One is Neutral on New Lawyer Advertising Rulesby an IT staff at taxpayer expense, in a position neces-sitated by the new rules; and putting me at risk ofsanctions for technical noncompliance.

The new rules are overbroad and reflect the newage of lawyer micromanagement by public servantsfrom above.

I object.

~ Glenn Edward MurrayBuffalo

Editor’s Note: Although Glenn Murray serveson the BAEC board of directors, the opinionshe expresses are his own and do not reflectthe collective views of the board or theAssociation at large.

Dear Editor,

I am writing in response to Jennifer Stergion’s article,“Lawyer Advertising: Protecting Your Rights byRestricting Ours,” which was published in the January2007 Bar Association Bulletin. While the article effec-tively alerts attorneys that there have been recentchanges in the attorney advertising rules set out in theLawyers Code of Professional Responsibility, there areseveral factual misstatements in the article, a few ofwhich are outlined below:

1) Stergion states that “an advertisement is any

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The Company of

The need may be based on medical problems, job loss, emotional difficulties, family crises or many other situations. No person or problem is categorically excluded.

If you need assistance – or know a friend or colleague who does – please call Ginger Maiman at 481-3486. All services are individualized and completely confidential.

The Erie County Bar Foundation exists to provide a helping hand to lawyers in need.

February 2007 | www.eriebar.orgPAGE 3

Gregory V. Pajak, a partner withChelus, Herdzik, Speyer, Monte &Pajak, P.C., has been elected vicepresident/president-elect of theDefense Trial Lawyers Association ofWestern New York for 2007. Pajakreceived his JD from the Universityat Buffalo, where he also received his

BA magna cum laude. Pajak focuses his practice oninsurance defense litigation, insurance coverage, trialsand appeals.

Raymond H. Barr, a partnerwith Phillips Lytle LLP, recentlymade presentations on the PensionProtection Act of 2006 to theEmployee Relations Association ofWNY and the Financial PlanningCounselors of Western New York, Inc.Barr focuses his practice on qualified

retirement plans, welfare benefit plans and otheremployee benefits as well as taxation, professionalorganizations and estate planning. Listed in The BestLawyers in America®, he is a member of the New YorkBar Association and the New York State Society ofCertified Public Accountants. Barr holds a BS from theUniversity at Buffalo and a JD from its School of Law.

Edward P. (Ned) Perlman hasjoined Magavern Magavern GrimmLLP as a partner. He heads theoffice, which has just expanded intoNiagara County with the opening ofan office at 810 Main Street inNiagara Falls. A Niagara Falls resi-dent, Perlman has served as Niagara

County attorney and has extensive experience in labor,estate and business matters. He concentrates his prac-tice in civil litigation, including personal injury, munic-ipal and commercial law.

Anthony J. Tantillo has joined the firm of GoldbergSegalla LLP as an associate. Tantillo is a cum laudegraduate of Buffalo State College and a graduate of theUniversity at Buffalo School of Law. He concentrateshis practice in the areas of insurance defense, automo-bile negligence, premises liability and personal injurylitigation.

Mary Kay LaForce has been nameda partner in Hamberger & Weiss. Shejoined the firm in 1998 and is resident inthe Buffalo office. LaForce graduatedcum laude from Siena College andreceived her JD degree from theUniversity at Buffalo. A member of theNew York State Bar Association,

LaForce is the current chair of the BAEC’s Workers’Compensation Committee and also serves as a UB LawSchool Mentor Program volunteer. Hamberger & Weissmaintains offices at 1725 Statler Towers in Buffalo and OneSouth Washington Street in Rochester.

Michael F. Chelus, Thomas P. Kawalec andMichael M. Chelus have authored two chapters ofthe New York State Bar Association’s newly publishedSecond Edition of Insurance Law Practice, 2006.Michael F. Chelus and his son, Michael M. Chelus, co-authored Chapter 26, which is entitled “Exceeding theNo-Fault Threshold: Serious Injury.” It provides thehistory of and analyzes all of the categories definingserious injury in the New York law. Michael F. Chelusand Thomas P. Kawalec co-authored Chapter 29, enti-tled “Fire and Property Insurance.” It analyzes statuto-ry provisions, coverage issues, the burden of proof andany defenses concerning a fire loss claim.

Michael F. Chelus is the chairman of the board andC.E.O. of Chelus, Herdzik, Speyer, Monte & Pajak,P.C. He has extensive experience in all forms of civil lit-igation, insurance law and firematics law. He receivedhis undergraduate degree in business administrationfrom the State University at Buffalo and his JD fromthe State University at Buffalo Law School. Thomas P.Kawalec is a member of the firm who concentrates inall forms of litigation. He received BA and JD degreesfrom the University at Buffalo. Michael M. Chelus is anassociate with the firm. He received his undergraduatedegree in management from Penn State University andhis law degree from the University at Buffalo School ofLaw. He is an advisory board member of the OrchardPark High School Academy of Finance and a delegateat large for the Federation of Italian American Societiesof Western New York.

John W. Andrews has joinedMagavern Magavern Grimm LLP asan associate. He concentrates his prac-tice in civil and criminal litigation, andis based in the firm’s Niagara Fallsoffice. Andrews previously was an assis-tant district attorney for NiagaraCounty. He received his bachelor’s

degree from the University at Buffalo and his JD from itsSchool of Law.

bench and bar in the news

This “members only” column is publishedeach month to share news and informationamong BAEC members. Submissions should belimited to 100 words and will be edited for spaceand other considerations.

Bench & Bar in the News is reserved toannounce items such as: new members to a lawfirm; name change or relocation; formation,merger, or new affiliation of law practice(s);change in job status; and professional appoint-ments, honors, or awards. Announcementswhich do not fall into these categories may bepublished in the Bulletin as paid advertise-ments.

Pajak


It’s great to belong to

something this good.

Lawyer Referral & Information S E R V I C E

More than 5,000 new clientsare referred to members

of the LRIS each year. If you’re not already a

member, call 852-3100 today to become one.

The Lawyer Referral & Information Service…

one more waythat the Bar Association

is good for your practice.

Minority Bar NamesOfficers for 2007

The Minority Bar Association of Western New York,Inc. recently named its executive board of officers for 2007:

President . . . . . . . . . . . . . . . . . . . Sakina N. Riddell

Vice President . . . . . . . . . . . . . . . . . Tasha E. Moore

Treasurer . . . . . . . . . . . . . . . . . . . . . Nicole Roberts

Recording Secretary . . . . . . . . . . . Martin Erazo, Jr.

Corresponding Secretary. . . . . . . Jessica M. Lazarin

Directors . . . . . . . . . . . . . . . . . . . . . . . Trini E. Ross. . . . . . . . . . . . . . . . . . . . . Sheldon K. Smith

The group wishes to express its appreciation to out-going president Betty Calvo-Torres for her outstandingservice. For further information about the Minority BarAssociation or to attend its monthly meetings, call 362-0709 or write to them at P.O. Box 211, Niagara SquareStation, Buffalo, NY 14201.

Barr

Perlman

LaForce

KawalecMichael F. Chelus

Andrews

Michael M. Chelus

Slaughter Named 2007Democrat of the Year

U.S. Representative Louise M.Slaughter (D-NY) has been selectedas 2007 Democrat of the Year by theTown of Lewiston DemocraticCommittee. The new chair of theinfluential House Rules Committee,Slaughter was selected as Lewiston’sDemocrat of the Year for her devo-

tion to the economic development of western New Yorkand her dedication to the needs of her constituents inthe 28th Congressional District. A brunch to honorSlaughter will be held on Sunday, March 25 at theNiagara Falls Country Club. Invited speakers includeU.S. Senators Hillary Clinton and Charles Schumer,NYS Assemblywoman Francine DelMonte, andLewiston Town Supervisor Fred Newlin. Anyone inter-ested in attending should contact Diane Roberts at622-6275 or [email protected].

Slaughter


no doubt be brought into court where some “sleazebaglawyer” would tell the judge what a difficult life thesuspect had led in an attempt to excuse the suspect’sconduct. I was so offended by the “sleazebag lawyer”comment that I nearly drove off the road!

The following day, I sent an e-mail to the radio talkshow host informing him that I was president of theBar Association of Erie County and that, in such capac-ity, I wanted to respond to his “sleazebag lawyer” com-ments of the day before. I further advised him that Ihad been a lawyer for 38 years, during which time Iserved as both an Assistant District Attorney for theCounty of Erie as well as a criminal defense attorneywho actively participated in the Erie County BarAssociation Aid to Indigent PrisonersSociety Assigned Counsel Program. Inaddition, for over 20 years, I served as aconfidential law assistant to twoAppellate Division Justices, in whichcapacity I routinely reviewed records ofnumerous criminal convictions. In allthat time, I had the opportunity toobserve the workings of the criminal jus-tice system in our community from everypossible point of view. In my experience, I could hon-estly state that the characterization of criminal defensecounsel as “sleazebag lawyers” was not only patentlyuntrue and unfair, but showed an appalling lack ofknowledge of the how the criminal justice system worksin our country.

I further informed the radio talk show host that thesuspect in this case, although charged with a heinouscrime, was entitled under the American system of jus-tice to a defense, and that, in the event that he couldnot afford an attorney, the law required that the courtappoint an attorney to represent him, which is precise-ly what happened in this case. The lawyer who wasassigned to represent the suspect turned out to be aparticipant in our Assigned Counsel Program, a younglawyer who is highly experienced and well regarded forhis competency and thoroughness, with a great deal ofexperience in homicide cases. I noted that the seriouscharges against the suspect in this case should proper-ly be considered in a court of law rather than in thecourt of public opinion. I further noted that just asevery person charged with a crime, even those crimesthat are particularly heinous, is entitled to a defense,the lawyers who represent such individuals are entitledto not be defamed for performing their duties in accor-dance with our oath and responsibilities as attorneys.

Indeed, some of the finest lawyers whom I have everknown have been criminal defense counsel: lawyers

such as the late Harold J. Boreanaz and Joel Daniels,who was our Association’s Lawyer of the Year in 2004,as well as one of my contemporaries, Herb Greenman,to mention but a few. The members of our AssignedCounsel Program, including the lawyer assigned torepresent the suspect in the shooting of the two policeofficers, similarly provide exemplary service withoutfanfare to the poor and disadvantaged of this commu-nity on a daily basis. They are to be commended, notdefamed.

I went on to quote the famous passage from myfavorite play, “A Man for All Seasons” by Robert Bolt,where Sir Thomas More, the patron saint of lawyers, isreproached by his son-in-law for giving “the Devil

benefit of law.” Sir Thomas responds: “Yes.What would you do? Cut a great roadthrough the law to get after the Devil?”When Thomas’ son-in-law replies: “I’d cutdown every law in England to do that!,”Sir Thomas responds: “Oh? And when thelast law was down, and the Devil turnedround on you—where would you hide,Roper, the laws all being flat? This coun-try’s planted thick with laws from coast to

coast—man’s laws, not God’s—and if you cut themdown—and you’re just the man to do it—d’you reallythink you could stand upright in the winds that wouldblow then? Yes, I’d give the Devil the benefit of law, formy own safety’s sake.”

I demanded that the radio talk show host issue an apol-ogy to all lawyers defamed by his comments. Not surpris-ingly, he never responded to my e-mail. Whether he com-mented on my e-mail on the air, I will never know becauseI have lost all respect for the man and his opinions, and willnever again listen to his talk show in the future.

Just as I salute the bravery and dedication of OfficersAndolina and Parete for honoring their oath to serveand protect the public, I similarly salute a criminal jus-tice system and the criminal defense attorneys whohonor their oath to preserve and protect theConstitution of the State of New York and theConstitution of the United States of America. As UnitedStates Bankruptcy Judge Carl Bucki recently remindedus in his remarks at the annual Red Mass, “Lawyersrepresent not only the innocent who seek justice, butthe guilty who plead for mercy.” He further recognized“criminal counsel, who substitute the rule of law forvengeance and retribution.” The shooting of City ofBuffalo Police Officers Carl Andolina and PatriciaParete was a tragedy. The characterization of thelawyer who was assigned to represent the accusedshooter as a “sleazebag lawyer” was a travesty! [B]

• New definitions of advertisement and solicitationto enhance the fair and effective enforcement ofregulations in this area. The new definitions pro-vide greater clarification and guidance as to whatconstitutes advertisements. This definition hasbeen significantly narrowed from what the courtsoriginally proposed.

• Application of the current 30-day moratorium onsoliciting wrongful death or personal injury clientsto both plaintiff ’s counsel and defense counsel, to“even the playing field” and protect families suf-fering loss from overly aggressive marketing orcontact from either side.

• Limitations on the use of testimonials and drama-tizations. Testimonials with respect to a pendingmatter are prohibited. Other testimonials must befactually supported and accompanied by a dis-claimer that prior results do not guarantee a sim-ilar outcome. If a person has been paid to providean endorsement or testimonial, that fact must bedisclosed; similarly, if an advertisement utilizesdramatizations or use of actors, that must be dis-closed as well.

Alcott pointed out that the State Bar was successfulin convincing the courts to remove a rule originally inthe draft regulations that would have extended NewYork disciplinary authority to non-New York lawyerspracticing or soliciting legal services in New York. TheAssociation objected on the basis that it was overbroad,and it was not included in the final version. Instead, aprovision was added to the solicitation rule specifyingthat the anti-solicitation provisions apply to non-NewYork lawyers who solicit New York residents.

For further information and to review a redlined ver-sion of the regulations, visit the State Bar’s Web site atwww.nysba.org. [B]

President’s Letter continued from page 1 New AdvertisingRegulationsontinued from page 1

Special thanks to the following sponsorsfor their support of this event:

P R E M I E R S P O N S O R S

Buffalo Law Journal

Counsel Press, LLC

Designed Settlement Services, Inc.

Erie County Employees Credit Union

IKON Legal Document Services

Settlement Professionals Incorporated

Thomson West

C O R P O R A T E S P O N S O R

Public Abstract Corporation/First American Title

L A W F I R M S P O N S O R S

Brown Chiari LLP

Cantor Lukasik Dolce & Panepinto

Lewis & Lewis, P.C.

Nixon Peabody LLP

O’Brien Boyd, PC

If your firm would like to co-spon-sor this event, please contact MarieBoccio at 852-8687, ext. 22.

President’s Ball continued from page 1

I was so offendedby the “sleazebaglawyer” commentthat I nearly drove

off the road!


ATTORNEY AND EXPERT DISQUALIFICATION

In 1210 Colvin Avenue, Inc. v. Tops Markets, L.L.C.(03-CV-0425E(F), 12/27/06), an antitrust case, theCourt granted defendant’s motion to disqualify plain-tiff ’s litigation consultant – a consulting firm formedby two former employees of defendant, but denieddefendant’s motion to disqualify plaintiff ’s counsel forallegedly acquiring privileged information from thefirm. The Court found that the consultants should bedisqualified because they had received confidentialinformation related to the parties’ dispute during theiremployment with defendant. However, recognizingthat motions to disqualify counsel are disfavored andsubject to a high standard of proof, and noting that theevidence provided by the consultants and plaintiff ’scounsel was sufficient to rebut any presumption of dis-closure of confidential information, the Court deniedthe motion to disqualify counsel.

CONSTITUTIONAL LAWIn Serotte, Reich & Wilson, LLP v. Montante (05-CV-

0284E(Sc), 12/19/06), the plaintiff law firm sought aninjunction barring the defendant immigration judge frompresiding over its cases on the ground that his actionsdemonstrated a pattern and practice of prejudice againstthe firm, impairing its property interest in the right topractice law without due process and violating theAdministrative Procedure Act (APA), 5 U.S.C. §§702 et seq.Although plaintiff had not exhausted its administrativeremedies with respect to the claim for violation of the APA,the Court relieved plaintiff from the exhaustion require-ment in view of the administrative agency’s statement thatit either could not or would not afford the law firm therelief it requested. The Court proceeded to reject the lawfirm’s argument that it had a constitutionally-protectedproperty interest in the practice of immigration law in aparticular district and held that plaintiff’s factual allega-tions, even if true, did not support a claim that the defen-dant’s alleged misconduct had jeopardized the ability ofthe entire firm to practice immigration law in the WesternDistrict.

INDIAN LAWIn Parry v. Haendiges (06-CV-614S, 10/6/06), the Court

denied a motion by plaintiff, a Seneca Indian, to enjoin thestate court from exercising jurisdiction over a divorce actionbrought in state court by his wife, also a Seneca, on theground that the nation’s Peacemakers Court had exclusivejurisdiction. The decision includes a discussion of the stateand tribal courts’ concurrent jurisdiction over private civildisputes between Indians and the principles of comity thatdetermine whether a state court should exercise jurisdictionover such a dispute.

PERSONAL JURISDICTIONIn Anchor v. Novartis Grimsby Ltd. (05-CV-7S,

11/27/06), the Court granted defendants’ motion todismiss this CERCLA action for lack of personal juris-diction over the foreign corporate defendants. Plaintiffsclaimed injuries as a result of the explosion of a facilityoperated by another corporation that was attemptingto manufacture pharmaceutical ingredients for sale tothe defendants. Because defendants exercised nosupervisory control over the manufacturing operationand did not dictate how the product was to be made,plaintiffs could not make a prima facie showing thatdefendants committed a tortious act outside of NewYork that injured anyone in New York. Moreover, sincedefendants had no minimum contacts with New Yorkthat would give rise to a reasonable expectation thattheir attempt to purchase a product here would subjectthem to liability in New York, it would violate dueprocess to subject them to New York jurisdiction.

REMOVALIn Angello v. St. Augustine Center, Inc. (06-CV-

838E(Sc), 12/27/06), the Court granted respondent’s

motion to remand a receivership action to state court.The action had been removed to federal court by theUnited States based on the filing of a proof of claim bythe IRS, and the government argued in support ofremoval that the proposed distribution of receivershipassets would be adverse to the IRS’s tax liens. Althoughthe United States need not be a named defendant inorder for an action to be one “against” the UnitedStates for removal purposes, the Court held that theaction was not removable because no state process orjudicial power had been invoked against the IRS.

RICOIn Eastman Kodak Co. v. Camarata (05-CV-6384L,

12/6/06), the Court denied defendant’s motion to dismiss plaintiffs’ claims under the RacketeerInfluenced and Corrupt Organizations Act arising out ofan alleged scheme in which appraisers, tax assessors

western district case notes

By Paul K. Stecker and Robert E. Glanville



A pension is typically one of the biggest assets in adivorce proceeding. Simply stating as part of your casesettlement that the pension shall be divided pursuantto Majauskas may invite a future malpractice claim.Stipulating that the pension shall be divided pursuantto Majauskas neglects to address many significantissues such as survivorship rights, early retirement sub-sidies, and cost-of-living increases.

If the divorce settlement fails to specify that yourclient is to be treated as a surviving spouse for any andall pre-retirement and post retirement benefits, yourclient may lose his or her entire share of the pensionupon the death of the pensioner. The failure toinclude this one sentence in the divorce settle-ment may cost your client thousands of dollarsand may cost you as well by way of a malprac-tice claim. If the divorce settlement is silent as to thesharing of early retirement subsidies and cost-of-living increases, your client will lose out on fundswhich, over time, can add up and become significant.

The following points will help protect not only youbut also your clients:

• Always obtain information regarding the pensionsof both parties, such as annual benefit statementsand summary plan descriptions. By contactingthe pension plan, you can obtain the summaryplan description, which contains an importantoverview of the pension such as how funds can bedistributed, death benefits, vesting and other rel-evant issues.

• The settlement stipulation should always con-tain the following language:

“The ex-wife/husband shall be treated asthe surviving spouse for purposes of any andall pre-retirement and post-retirement sur-vivor or annuity benefits.”

“The ex-spouse is entitled to a Majauskasshare of any early retirement subsidy orbenefits payable to the pensioner.”

“The ex-spouse is entitled to a Majauskasshare of any post-retirement cost-of-livingadjustments.”

If you do not prepare QDROs as part of your repre-sentation, be sure to indicate that in your retaineragreement. Even better, explain to your client in writ-ing, that at the conclusion of the divorce, a QDRO willhave to be prepared to finalize matters in regard todividing the pension.

If you make the above points a part of your standardprocedure for handling divorce cases, you will be pro-viding great service to your clients and protecting your-self from future malpractice claims at the same time.

Paul W. Wolf is a sole practitioner who concentrateshis practice on drafting QDROs. He can be reached at874-6447.

matrimonial musings

By Paul W. Wolf

Are You Committing Malpractice When Settling Divorce Cases?

Administrative Judge Hon. Sharon S. Townsendrecently announced the implementation of the follow-ing new initiatives in the Eighth Judicial District:

MARTIN P. VIOLANTE ALTERNATIVEDISPUTE RESOLUTION PROGRAM

The Martin P. Violante Alternative Dispute Resolution(“ADR”) Program for the Eighth Judicial District wasrecently implemented in honor of court attorney refer-ee Marty Violante. Violante’s “dedication to alternativedispute resolution inspired the development of this pro-gram for civil, commercial, matrimonial,and family court matters,” according toJudge Townsend.

“Administrative Judge Vincent E. Doyleenvisioned an ADR program for civil casesin the Eighth Judicial District, which wasimplemented by Marty Violante,” JudgeTownsend said. “His exceptional case set-tlement skills are legendary and well-respected on a statewide basis, as he gener-ously shared his expertise with members ofthe bench and bar over the years.”

This is the first comprehensive programdeveloped in New York state courts to stan-dardize the application of alternative dispute resolutionin civil, commercial, and parenting issues in matrimo-nial and family court actions. The protocols for theprogram were developed in collaboration with OCA’sOffice of Alternative Dispute Resolution Programs,members of the judiciary, representatives of the BarAssociation of Erie County and practicing attorneys.The protocols can be accessed on the court’s Web siteat www.nycourts.gov/courts/8jd/adr.shtml.

The Martin P. Violante ADR Program provides for thereferral of cases to various qualified neutral evaluatorswho will be included on a court roster comprised ofarbitrators in civil and commercial matters, neutral

Eighth Judicial District Launches New Court Initiativesevaluators in civil, commercial and matrimonial mat-ters, and mediators in civil, commercial, matrimonialand family court matters. Applications and furtherinformation are available at the Web site listed above.All interested individuals are encouraged to apply.Acceptance is at the discretion of the AdministrativeJudge in consultation with the OCA Office of ADRPrograms. The OCA Office will assist in providingtraining to allow candidates to meet the requirementsfor the roster. Two mediation trainings sponsored bythe Center for Resolution and Justice have been sched-uled for February 2-6 and March 1-6. For further

details, contact Charlene Brumley at 362-2323, ext. 1307, or [email protected].

Court attorney Sheila W. Schwanekamphas been designated by the AdministrativeJudge to serve as the overall ADR programadministrator to coordinate with the civil,commercial, matrimonial and familycourts to implement this programthroughout the District. Court attorneyAnne Rutland has been named programadministrator for the commercial divisionand court attorney referee TraceyKassman will serve in that capacity for

family court matters. Schwanekamp has also been designated as program administrator for matrimonialmatters.

William Gersten has been named court attorney ref-eree in the Eighth District, filling the vacancy createdby the death of Violante. Gersten has been in privatepractice and headed the litigation departments of sev-eral prominent law firms. He most recently served asspecial counsel to the Law Offices of James Morris.Gersten has been an arbitrator and mediator for sever-al dispute resolution companies and currently serves aschair of the Bar Association of Erie County’s


Program to honor

memory ofMartin

Violante.


As we plan the 2007-2008 edition of the Bar Association’s Directory of Attorneys and the Courts, we remind all attorneys that it is our goal to publish the most accurate, up-to-date information possible.

• Attorneys whose addresses, telephone/fax numbers and/or e-mail addresses have changed since the last issue must notify the Bar Association of the changes before March 1, 2007.

• Unless we are notified of a change, the listing shown in the 2006-2007 Directory will be used.Please note that we no longer publish an addendum to the Directory so any changes receivedafter March 1 will not be published until the following year.

• Changes must be made in writing. Please use the form below (or the form on page 5 of the 2006-2007 Directory) to submit your changes.

• The Directory listings include one e-mail address per attorney. Please note that we list only e-mail addresses, not URLs.

Directory Deadline is March 1, 2007!

Name ________________________________________________________________________________________________

Firm ________________________________________________________________________________________________

Address ______________________________________________________________________________________________

City/State/ZipCode ____________________________________________________________________________________

Telephone Number (Ext.) ______________________________________________________________________________

Fax Number __________________________________________________________________________________________

E-Mail Address ________________________________________________________________________________________

Please check the appropriate explanation:

❐ This is a new listing.

❐ This replaces the listing on page #___ (of the 2006-2007 Directory).

❐ This is an addition to the listing on page #___ (of the 2006-2007 Directory).

❐ Delete the listing on page #___ (of the 2006-2007 Directory).

Explanation:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

Name of person submitting changes (and phone number):

__________________________________________________________________________________

__________________________________________________________________________________

Complete and mail or fax this form to:Bar Association of Erie County438 Main Street, 6th FloorBuffalo, New York 14202-2992Fax: 716/852/7641


HEARSAY CLAIM GETS HEAVEDefendant’s right of confrontation was held to have

not been violated by the admission into evidence of thevictim’s statement in response to a question from apolice officer arriving at the scene and perceiving anemergency situation. (Peo. v. Bradley, __NY3rd__,12/19/06)

QUIT QUASHES DEFERRED COMP CLAIMPlaintiff ’s resignation was held to not qualify as a

“constructive discharge” resulting in the loss of accrueddeferred compensation when he opened a competingbusiness after the resignation. (Morris v. SchroderCapital Management International, et al., __NY3rd__,11/21/06) See also Lenel Systems International, Inc. v.Smith, __AD3rd__, 4th Dept., 11/17/06, #1292.

UNTIMELY TENANT WON’T TRIGGER GUARANTY

The untimely payment of rent was held to not qualify asa “monetary default” sufficient to collect on a personalguaranty. (Madison Avenue Leasehold, LLC, v. MadisonBentley Associates LLC, et al., __NY3rd__, 12/19/06)

PANHANDLE RAMBLE PROHIBITEDA municipal prohibition against aggressive panhan-

dling has been upheld by our Court of Appeals in Peo.v. Barton (__NY3rd__, 12/19/06)

CONFLICTS CONUNDRUM CONSTRUEDFlorida law was held to apply to a New York con-

struction contract containing a “pay-if-paid” provisionunenforceable under New York law, but was held to beenforceable where the contract specified that Floridalaw was to apply. (Walsbach Electric Corp. v. MasTecNorth America, Inc., __NY3rd__, 11/20/06)

NO CASH FOR MUNICIPAL MISCOMMUNICATION

A 911 operator’s failure to communicate the serious-ness of a stroke situation resulted in a delayed ambu-lance and alleged more serious damages. The Court ofAppeals held that there was insufficient “special rela-tionship” to avoid the general rule of municipal non-liability. (Laratro v. City of New York, et al.,__NY3rd__, 12/21/06)

DISTINGUISHING DOUBLE DIPSIncome derived from a tangible asset which is also

being equitably distributed in a matrimonial lawsuitmay also be considered in determining an award ofmaintenance without violating the “double counting”prohibitions applied to “intangible” assets like profes-sional degrees. (Keane v. Keane, __NY3rd__,12/21/06) See also Bennett v. McGorry (__AD3rd__,11/17/06, #1300), affirming Justice John O’Donnell’sholding that a parent’s child support obligation is oneof the financial circumstances which should be consid-ered in determining a college contribution obligation.

LEMON LAW ELABORATIONThe purchaser of a new motor vehicle is entitled to a

“repair presumption” under the state Lemon Law if thevehicle had to be repaired four or more times. It is notnecessary to show that the vehicle remains defective atthe time of trial. (In the Mtr. of Daimler-Chrysler Corp.,et al., v. Spitzer, __NY3rd__, 12/14/06)

BANK ON HOOK FOR DEPOSIT DEBACLEEverything you ever wanted to know about bank lia-

bility for accepting checks for deposit with restrictiveendorsements can be found in B.D.G.S., Inc., v. Balioet al., (__NY3rd__, 12/21/06)

ESTOPPEL TOPPLES FILING FAUX PASPlaintiff, a purported limited partnership, had not

filed its certificate with the department of state at thetime it commenced its breach of contract suit. In awell-reasoned decision by Judge Eugene Pigott, theCourt of Appeals found that the defendant had benefit-ed from the contract, and was estopped from raisingthe failure to file defense. (Boslow Family LimitedPartnership v. Glickenhaus & Co., __NY3rd__,12/14/06)

BEEF JERKY JOLTS CAFETERIA CHAOSFactual issues related to the adequacy of supervision

at a school cafeteria precluded summary judgment.(Schirmer v. Bd. of Ed. of the Spencerport Cent. Sch.Dist., et al., __AD3rd__, 4th Dept., 11/17/06, #1400)

DEVELOPER MAY GET DINGEDPlaintiff property owners’ basement flooded and

they claimed that the developer had misrepresentedthe condition of the property. Our Fourth Departmentfound that factual issues precluded summary judgmentand that the Statute of Limitations had not run.(Scialdone v. Majka, __AD3rd__, 11/17/06, #1319)

E-MAIL “FORGERY” CLAIM FOILEDThe sending of misleading e-mails was determined

by our Fourth Department to not qualify as a “forgery”under the statute. (Peo. v. Carmack, __AD3rd__,11/17/06, #1311)

LOVE AND MONEYPlaintiff ’s suit seeks return of substantial monies

transferred to defendant while they were romanticallyinvolved. Although upholding the dismissal of the causeof action asserting a “loan,” the suit was allowed tocontinue on other grounds. (Haveron v. Kirkpatrick,__AD3rd__, 11/17/06, #1305)

citations

By Jeff Spencer

CASE OF THE KIDNAPPED KIDNEY

The kidney was donatedBy his departed dear friend

A gift of life he wanted to send

But alas the poor kidneyWas a bad match

And so for another it was snatched

A suit was commencedBy the irate donee

Asserting that it was his property

Alas, said the CourtWe have this to report

You have no case in contract or tort.

Colavito v. New York Organ Donor Network, Inc., etal.,__NY3rd__, 12/14/06.

Grady Spencer


The new year has brought tremendous changes toNeighborhood Legal Services. By the time this is print-ed, NLS will have moved its offices after 28 years ofproviding free civil legal services from the EllicottSquare Building. The opportunity to concentrate thelegal services we provide to low-incomeand disabled people in a single locationwas the primary motivator for relocat-ing into the Main-Seneca Building at237 Main Street. NLS will now belocated in the same building with someof our partners in the civil legal servic-es delivery system, including the FamilyJustice Center of Erie County, the LegalAid Bureau of Buffalo, the Western NewYork Law Center and EverywomanOpportunity Center.

We hope to be joined in the future byLegal Services for the Elderly, Disabledor Disadvantaged and the ECBAVolunteer Lawyers Project. The con-centration of service providers in onebuilding will make client referrals andagency collaborations much easier toaccomplish. We are very excited aboutthe possibilities to improve client serv-ices through the benefits of co-location.NLS works collaboratively with theother civil providers and we are confident that ourimproved proximity will lead to even greater opportu-nities in the future.

While we are excited by the new collaborative possi-bilities, it was nonetheless extremely hard to leave thebeauty of the Ellicott Square Building. This is being

written the evening before the big move and we arepresently boxed and ready to go. By the time you readthis, we’ll be in our new space and going through theunpacking and settling phase. NLS has many experi-enced staff members, many of whom have been with

the program the entire time it hasbeen located in the EllicottSquare Building and several whostarted when the program waslocated in neighborhood store-front offices. The move fromEllicott Square has been an exer-cise in packing, recycling andnostalgia, particularly for themost experienced people. Leavingthe Ellicott Square Building feelsa bit like leaving town. We verymuch appreciate all of the manyconsiderations provided by CarlPaladino and the EllicottDevelopment Company staffwhen making this transition. Wealso want to thank Mr. Paladinofor his many years of support forNeighborhood Legal Services.

NLS’ new offices in the MainSeneca Building will cover theentire fourth floor. David Sweet,

Sue Sweet and Jim Trottman at Main-SenecaCorporation have been working very hard for monthsto make this move a great opportunity for NLS. Thenew space has been built out from a gutted floor and iscompletely new in every respect. We will now be ableto make referrals for clients to other service providers

located within the same building which will greatlyimprove the likelihood that a client is served by theagency best suited to address his or her problem.

NLS Celebrates 30 Years of Providing FreeCivil Legal Services

Another momentous occasion in the history of NLSoccurred on November 30th when NeighborhoodLegal Services reached its 30th anniversary and cele-brated with a party at The Church on DelawareAvenue. We celebrated the three-decade-long struggleand our success in making good on the American idealof access to justice for all. The celebration was a greattime with wonderful food, amazing donated art forauction and five musical acts. The musical acts includ-ed performances from The Parkside Youth Quartet,Cairde, The Buffalo Select Chorus, Folk City, Bupkesand Face 2 Face.

The evening was a huge success with supportersfrom the local bar and the judiciary and many others inattendance to celebrate the milestone. The night’s suc-cess was the direct result of the months-long planningprocess and incredible commitment, hard work anddedication of NLS board president and PhillipsLytle partner Lisa McDougall and her assistantNan Craig. There was also tremendous logistical sup-port from Philips Lytle. Lisa and Nan worked tire-

in the public serviceBy William J. Hawkes, Executive DirectorNeighborhood Legal Services

Neighborhood Legal Services Moves into the Future after Celebrating a Milestone


We will now

be able to make

referrals…which will

greatly improve the

likelihood that

a client is served by

the agency best

suited to address his

or her problem.


and employees of Kodak allegedly conspired to inflatethe tax assessments on property owned by Kodak, inorder to induce Kodak to hire the appraisers to seek areduction of the artificially high assessments. The deci-sion addresses, among other issues under RICO, the“operation or management” test, the sufficiency ofplaintiffs’ pleading of money laundering, mail and wirefraud and other predicate acts; the proximate causerequirement; and the elements of a RICO conspiracyclaim. The decision also addresses the required ele-ments of state law claims for fraud, conversion, unjustenrichment, aiding abetting breach of fiduciary duty,constructive trust and accounting, fraudulent con-veyance and civil conspiracy.

SOCIAL SECURITY DISABILITYIn Stadler v. Barnhart (03-CV-6448L, 12/11/06),

the Court reversed the Commissioner’s decision deny-ing SSI and SSD benefits, finding that the AppealsCouncil failed to explain what weight, if any, it gave tothe treating psychiatrist’s opinion in upholding thedenial of benefits.

In Ball v. Barnhart (02-CV-97E(F), 12/22/06), theCourt reversed the ALJ’s decision denying disability ben-efits and a Magistrate Judge’s report and recommenda-tion that the decision be upheld, finding that the ALJfailed to obtain the testimony of a vocational expert indetermining that plaintiff ’s non-exertional impairmentswould not preclude her from performing light work. [B]

communication made by or on behalf of a lawyeror law firm about a lawyer’s or a law firm’s serv-ices.” This is only half of the definition of “adver-tising.” The other half, found in section1200.1(k), significantly alters the meaning of theterm. The full definition is “any public or privatecommunication made by or on behalf of a lawyeror law firm about a lawyer’s or a law firm’s serv-ices, the primary purpose of which is for the reten-tion of the lawyer or law firm. It does not includecommunications to existing clients or otherlawyers.” (Emphasis added). This full definitionbrings into question Ms. Stergion’s conclusionthat “arguably, any time a firm’s name appears inprint it must include the requisite physicaladdress, phone number, and magic words“Attorney Advertisement.”

2) She further states that pursuant to1200.6(4)(d)(1) (an incorrect citation), an adver-tisement “cannot have any endorsements or testi-monials from current clients.” In fact,1200.6(c)(1) states, “An advertisement shall not… include an endorsement of, or testimonialabout, a lawyer or law firm from a client withrespect to a matter that is still pending.”(Emphasis added). Nothing in the rules prohibitslawyers from using testimonials from currentclients, provided it is with respect to a matter thatis no longer pending. Many clients repeatedlyretain lawyers for discrete matters. A current

client could therefore provide testimonials regard-ing concluded matters under the rules.

3) Ms. Stergion also states that there can be no more“paid advertisements or endorsements.” Again,she appears to read the first half of the rule only.1200.6(c)(2) states that an attorney advertise-ment shall not, “include a paid endorsement of, ortestimonial about, a lawyer or law firm withoutdisclosing that the person is being compensatedtherefor.” These few omitted words obviously sig-nificantly alter the meaning of the rule.

4) I see nothing in the rules that states, as Ms.Stergion asserts, that “the depiction of a court-room or courthouse, where lawyers actuallywork, is prohibited.” She cites another non-exis-tent section of the rules, 1200.6(4)(d)(5).

The overall impact of these errors is to create theimpression that the rule changes are much morerestrictive and unreasonable than they actually are.

~ Danielle RizzoLaw Offices of James D. EissBuffalo

Case Notes continued from page 5 Letter to the Editor continued from page 2

“Injustice anywhere is a threat to

justice everywhere.”

MARTIN LUTHER KING, JR.

�

�


The Bar Association is still accepting nominations forthis year’s Law Day and Annual Dinner awards.

LAW DAY AWARDSOur annual Law Day luncheon and awards ceremo-

ny marks the culmination of months of law-relatededucational activities, including the high school MockTrial Tournament, poster contest and public speakingengagements.

Our long-standing Law Day tradition involves hon-oring local attorneys and non-attorneys who have dis-tinguished themselves in service to the law and theideals of the Constitution. The Bar Association presentsseveral awards on Law Day, including the:

• Liberty Bell Award

• Special Service Award

• Police Officer Award

• Justice Award

• Media Award

How to Nominate a Candidate for a Law Day Award

Nomination forms for candidates for all the Law DayAwards are available from Sharlene Hall at 852-8687,Ext. 20 or [email protected]. The deadline forreceipt of nominations is February 9, 2007.

ANNUAL DINNER AWARDSEach year at the Annual Dinner, the BAEC recog-

nizes lawyers and judges who have made outstandingcontributions to the Association, the legal communityand the profession.

Winners are selected by nominations sent from themembership to the Awards Committee. The board ofdirectors reviews the recommendations of the AwardsCommittee and makes the final determinations. Pleaseconsider submitting your nomination(s) for the follow-ing awards:

• Lawyer of the Year Award

• Outstanding Jurist Award

• Special Service Award

• Award of Merit

How to Nominate a Candidate for anAnnual Dinner Award

Nomination forms for each of the awards are avail-able by calling Sharlene Hall at 852-8687, Ext. 20 [email protected]. Completed forms should be for-warded to Deanne Tripi, Awards Committee Chair, atthe Bar Association office. The deadline for receiptof nominations is March 9, 2007.

Further details and award criteria are available fromthe Bar Association office. [B]

Law Day and Annual Dinner Award Nominations Sought


lessly to make the event a very special evening. Manypeople donated their time, resources and art to theevent and we thank them all. The NLS board of direc-tors and staff offer Lisa, Nan and the firm of PhillipsLytle our deepest gratitude! (In December, Lisa’s termas board president expired and she turned the reinsover to the very capable hands of long-time NLS Boardmember Randy Fahs, who is director of contracts atNorthrup Grumman.)

We were also extremely well supported by Wegmans,which donated an amazing array of foods for theevening. Our sponsors also included Phillips Lytle LLP,Hodgson Russ, LLP, National Fuel Gas, Harris BeachLLP, M&T Bank, Connors and Vilardo, the BuffaloLaw Journal, Catholic Charities, Northrup Grumman,New Era Cap Company, Crowley Webb and Associates,Main-Seneca Corporation, Barnes and Noble, Hoyler’sJewelry Shop, and Joe Keleman at the Western NewYork Law Center. We sincerely thank each sponsor fortheir support and all of the artists who donated theirart for auction.

The event presented an opportunity to pause andthink about the struggles of the past and to imagine afuture where low-income and disabled people haveequal access to the services of lawyers. At the anniver-sary celebration, A. Vincent Buzard, a partner in theRochester firm of Harris Beach and president of theNew York State Bar Association in 2005-06, receivedthe NLS Justice for All Award for his efforts in lead-ing the NYSBA to challenge the veto of state funding forcivil legal services in the 2006 NYS budget. In thespring of 2006, the New York State Civil Legal Servicesstatewide appropriation of $4.6 million dollars wasvetoed by the Governor in yet another heated budgetbattle. Programs like NLS in Buffalo and all around thestate were once again faced with dramatic budgetreductions if the vetoed funding was not restored.Having laid off 10 staff members just 12 months prior,NLS was facing an additional loss of $230,000 in core

funding. The impact of additional funding cuts on theprogram, on staff and on services to clients would havebeen devastating.

Mr. Buzard led the New York State Bar Associationinto action and galvanized the support of hundreds ofbar members to send letters and e-mails supportingveto overrides for the state funding. He personallyadvocated in Albany for the restoration of, and expan-sion of funding for legal services. He used the legislativealert section of the New York State Bar Association Website, their membership e-mail list and the full techno-logical resources of the bar to make an easy pathway tothe legislators for members to express their views aboutrestoration of the funding. More than 1,500 memberscontacted their legislators and expressed their supportfor legal services funding. This was an unprecedentedshowing of support by the members of the most pow-erful state bar in the country. After several tension-filled weeks of negotiations, the veto was overturnedand the Civil Legal Services funding was restored. Wereally appreciate the leadership Mr. Buzard and theNYSBA demonstrated on behalf of civil legal servicesfor low-income people in the state.

After the state funding was restored and later in2006, NLS also learned that it had been awarded aU.S. Department of Housing and Urban Developmentgrant (HUD) to provide additional outreach and serv-ices to disabled homeless people living in shelters inErie County. NLS is now collaborating with LakeshoreBehavioral Health Services in a project we call SSI-HOP, which stands for Supplemental Security IncomeHomeless Outreach Project. The two-year grant hasprovided NLS the funding to hire an attorney andparalegal who conduct outreach to the homeless popu-lation and assist the disabled in getting on SSI, the fed-eral disability benefit program. These SSI benefits willreduce the incidence of homelessness in Erie Countyand also relieve the county and the state of the publicassistance and Medicaid costs for those homeless peo-ple. In addition, NLS received a grant from NationalFuel Gas in 2006 to advocate for emergency assistancefor low-income people who are facing a utility shutoff.

NLS has hired a paralegal to assist people with emer-gency assistance applications with this grant.

In 2006, we reached out to the legal community andonce again found many supporters who donated to ourfundraising campaign and supported our events. Thosedonors lifted our spirits, as well as our ability to serveadditional low-income clients. We thank our manysupporters in the community for their great generosity.We look forward in 2007 to fulfilling our commitmentto providing access to justice for all. [B]

Public Service continued from page 9

“Let us not get so busy or live so fast that we can’t

listen to the music of the meadow or the symphony that glorifies

the forest. Some things in the world are far more important than

wealth; one of them is the ability to enjoy simple things.”

~ D A L E C A R N E G I E


By Glenn Edward Murray

“You fell victim to one of the clas-sic blunders! The most famous isnever get involved in a land warin Asia, but only slightly lesswell-known is this: never go inagainst a Sicilian when death ison the line!”

~ Vizzini in The Princess Bride

In representing DUI defendants for over 20 years, Ihave learned of many “classic blunders.” I’ve listedseveral below, some of which I have “learned the hardway.” The following list reflects my self-admonitions.

1. Never fail to obtain the motorist’s driverabstract at the first client interview.

Clients are notoriously inaccurate in rememberingthe particulars of past transgressions and any rehabili-tation programs completed. Some have violations theyare unaware of or which need to be corrected. Failureto consider the motorist’s DMV history, point accumu-lation and rehabilitation treatment may cause counselto misadvise a client concerning the consequences ofconviction. During an intake interview, it is critical toreview the motorist’s DMV driver abstract. (Informationconcerning how to establish an online DMV account isavailable at http://www.nysdmv.com/dialin.htm.) Havingonline access also shows the prospective client thatcounsel is equipped and capable to handle DUI repre-sentation. A NYS Division of Criminal Justice Services“rap sheet” should also be obtained from the court atarraignment, since the DMV abstract will not reportoffenses older than 10 years.

2. Never fail to view the scene of thealleged crime, or at least review a mapthereof.

Detailed knowledge of the scene of an arrest can becrucial on cross-examination of a police officer or otherwitness. Factors such as weather, traffic conditions and

environmental conditions under which field sobrietytests were performed can be grist for effective cross-examination. In order to avoid subjecting the defendantto cross-examination, it is best that someone other thanthe defendant take any photographs of the arrest scene.(Maps and satellite images may be obtained at:http://www.google.com/maps?ie=UTF-8&oe=UTF-8&hl=en&tab=wl&q=. Archived weather data maybe obtained at: http://www.erh.noaa.gov/data/obhisto-ry/KBUF.html, or at: http://www.noaa.gov/). Policeaccident reports (MV-104A) can also provide valuable infor-mation in evaluating the case and for cross-examination.

3. Never fail to consider the collateral consequences of a DUI conviction.

Any drinking-driving conviction (including DWAI)may have drastic collateral consequences (indirect andcivil), including exclusion from entry into Canada andpotential loss of professional licenses. (Statutory Vehicleand Traffic Law and Penal Law sentencing parametersfor drinking driving convictions are obtainable at:http://www.georgedentes.com/)

4. Never fail to provide copies of documents to the client, including papers provided fromthe client at intake interview, arraignment and discovery.

I have often been stunned by clients who review doc-uments and make remarks about the accusations thatare inconceivable, such as: “It was impossible for that15-year-old girl to drive my truck while sitting in mylap because there is not enough room between thesteering wheel and the seat!” Also, the incriminatingevidence described in the papers often show the clientwhy the charges are not frivolous, such as CPL §710.30 notices such as: “I never should have drankthose ten shots. Yep. I’m drunk, so just arrest me!” or“Aw, c’mon, I’m not drunk, I just smoked a lot of pot.”(Providing such papers to the client also demonstratesthat counsel is working to obtain the most favorableresult possible under the circumstances.)

5. Never fail to scrutinize the court paper-work pertaining to suspensions, revoca-tions and plea dispositions.

An incorrectly noted subdivision of a convictionoffense and/or penalty can take hours of counsel’sunbillable time to rectify the error after the fact, whenan immediate correction could have avoided the prob-lem. For example, the wrong notation on a plea author-ization form, or the wrong block checked on a suspen-sion pending prosecution order, can disqualify amotorist from limited driving privileges, causing loss ofemployment and catastrophic consequences.

6. Never fail to defend incidental trafficinfractions.

Don’t fall in the habit of thinking “those are the leastof our concerns.” A negotiated plea bargain, includingdismissal of moving violations incidental to the DWIcharge, or counsel’s aggressive defense of insufficientlyproven moving violations, might avoid automatic inel-igibility for a conditional license. Always review the ele-ments of every incidental traffic infraction which, ifacquitted or dismissed, may avoid points, fines andsuspensions. In a recent case, my client was mostappreciative after I obtained dismissal of a failure-to-signal citation because I pointed out in closing argu-ment that the officer never testified that my client didnot use a hand signal.

7. Never fail to promptly contact the Court toconfirm the date, time and presiding judge.

In evaluating any case, it is critical to evaluate allfour Cs: the Client, the Case, the Consequences – andespecially the Court! Contacting the court clerk canalso avoid counsel making an unnecessary courtappearance if the appearance has been adjourned sincethe tickets were issued. Sometimes the court willschedule an appearance date earlier than the dateshown on the traffic tickets. The client’s failure toappear on that earlier date can result in arrest warrantand bail forfeiture for the client.

Twelve “Nevers” in Representing DWI Clients to Avoid “Classic Blunders”



The Foundation gratefully acknowledges the following contributions:

Contributions to the Erie County Bar Foundation provide an

excellent vehicle for recognizing and honoring members of our

profession. Memorial gifts to the Foundation become a lasting

tribute to the entire legal profession, as funds are used exclusively

to assist attorneys and promote understanding of our legal system.

& Lena Ralabate:

Joseph M. Ralabate

In Memory of Salvatore “Sam”Saia, Sr.:

Kenneth A. Manning

In Memory of Leon Lancaster:

Kevin J. Sullivan

In Memory of Samuel R.Miserendino, Sr.:

Lowell Grosse

Melissa H. Thore

In Memory of My Mother, Jean M.Pyle:

Pamela J. Pyle

In Memory of James Brady:

Philip H. Magner, Jr.

In Memory of My Wife, DeborahSorbini-Barnes:

Richard J. Barnes

In Memory of Martin P. Violante:

Horace Gioia

Joseph M. LaTona

Terry D. Smith

In Memory of Thomas Fortunato:

Roger T. Davison

In Memory of Victor T. Fuzak:

Mark J. Fuzak

In Memory of Peter Coppola:

Hon. Joseph J. Sedita

In Memory of My Father, JusticeVincent E. Doyle:

Vincent E. Doyle, III

Correction: Our apologies for anerror in the January issue. Theentry for Hon. FrederickMarshall should have read:

In Memory of Hon. Frederick M.Marshall:

Hon. Frederick J. Marshall

In Memory of Thomas M. Barney:

David K. Floyd

In Memory of My Brother, attorneyJoseph Ciccarelli:

Ferdinand J. Ciccarelli

In Memory of Donald T. Cook:

Frederick J. Gawronski

Thomas I. McElvein, Jr.

In Memory of My Father, Howard M. Curran:

Hon. John M. Curran

In Memory of Harold Fein:

Bar Association of Erie County

James N. Carlo

In Memory of Joseph Valenti:

Roger T. Davison

In Memory of Joseph Carlisi:


In Memory of Hon. Henry G. Gossel:

E. Michael Semple

Terry D. Smith

In Memory of Robert F. Liebman:

Gary R. Ebersole

In Memory of Bob Murphy:

James W. Grable, Jr.

In Memory of Thomas J. Ryan, Jr.:

Daniel F. Novak

In Memory of Joseph & RichardBrownstein:

Joel & Judith Katzenelson Brownstein

In Memory of Justice Vincent E.Doyle:

The Judges and Employees of theEighth Judicial District

In Memory of Michael Suhalla:

Roger T. Davison

In Memory of Harold Boreanaz:

John P. Pieri

Louis M. Cacciato

In Memory of My Parents, Thomas

In Support of Robbie Lee Billingsleywho suffers from ALS:

Carmen J. Gentile

In Honor of the Appointment of Hon.Eugene F. Pigott, Jr. to the New YorkState Court of Appeals:

Terry D. Smith

In Honor of Suzanne Taylor:

Christopher C. Willett

In Honor of the Retirement of Hon.John P. Lane:

Andrew B. Isenberg

In Honor of Catherine M. Monachino,Recipient of the Lila McNall Award:

Warren M. Emerson

In Honor of the UB Class of 1950:

Wells E. Knibloe

In Honor of Dave Pfalzgraf, ChuckBeinhauer, Laurie Menzies, Jamie Smith& Ken Kraus:

The Support Staff of Pfalzgraf, Beinhauer& Menzies, LLP – Dale Grimm, BeverlyKubala, Katy Mariani, Sarah Wegener, AmyOliver, Nancy Haug & Jeni Infurnari

In Memory of John T. Collins:

William B. Collins

In Memory of My Parents, Harold &Marion Zelman:

Arnold N. Zelman

In Memory of Charles T. Scibetta:


In Memory of John W. Cegielski:

Roger T. Davison

In Memory of James A. Garvey:

Daniel F. Novak

Richard S. Juda, Jr.

In Memory of Justice Vincent E. Doyle(Father of Brian D. Doyle, Kevin S.Doyle and Vincent E. Doyle, III):

Andrew B. Isenberg

Hildegard Neubauer

James W. Grable, Jr.

Mark John Grisanti

Robert B. Druar

Terry D. Smith

8. Never fail to refer DUI clients forprompt evaluation and treatment by a provider acceptable to the Court.

Many clients are reluctant to engage in such evalua-tion and treatment because they think it will imply tothe court that the client has a “drinking problem.”They should be assured that, with a DWI charge filedagainst them, the Court already thinks they have a“drinking problem” and that a favorable treatmentreport (“cooperative and compliant”) might help allaythe Court’s concern regarding public safety. Under thelaw effective November 1, 2006, only OASAS providersare acceptable for mandated DUI evaluation and treat-ment.

9. Never fail to humanize your client at sentencing by succinctly noting to the court the client’s positive qualities.

You might say something like: “He’s a good-naturedyouth, with excellent school grades, who has been self-supporting, making only $8 per hour.” Always accen-tuate the impact of substantial collateral consequencesof conviction sans incarceration. A DUI charge typical-ly costs over $8,000, because of the cumulative retain-er, fines, DMV costs, insurance increases, etc. Forexample, you might mention that at $8 per hour, it willtake 1,000 work-hours to pay off the financial conse-quences. When representing youth, counsel shouldsurely advise the court if there has already beenparental intervention such as “taking the car away,”noting that the youth must repay the parents for“fronting” all such expenses.

10. Never fail to have the client sign a retainer agreement.

A written retainer agreement is not required in acriminal case where the total fee is less than $3,000. 22NYCRR § 2515.2. However, retainer agreements avoidmisunderstandings that can lead to disgruntled clients.Retainer agreements may also avoid time-consumingfee disputes. If at the intake interview the client did notsign a retainer agreement, one should be provided forthe prospective client to sign and remit with the retain-er payment.

11. Never fail to send the client a “closingletter” that reports on the charges, disposi-tion and penalties.

The closing letter should note the penalties avoidedand imposed, along with the sentencing and relicensureconditions. Also send a copy of the closing letter to anyattorney who referred the case, to demonstrate thefavorable result obtained.

12. Never fail to send a thank you note orgift to anyone who refers you a case.

I don’t share retainer fees, but I think it’s rude andfoolish not to thank someone who refers a client,whomever the source (lawyer, client, former client,friend, etc.). I routinely send a token of my appreciation,such as a book or a dinner gift certificate to anyone whorefers a case to me. Such gift certificates often have thesynergistic marketing effect of reminding restaurateurclients of my gratitude. They appreciate my patronageand are more likely to refer future clients to me.

Articles with additional information about these top-ics may be obtained from www.glennmurraylaw.comand from the New York State Department of MotorVehicles Web site, including forms, which may bedownloaded at: http://nydmv.state.ny.us/index.htm.

A member of the BAEC board of directors, GlennMurray has been a DUI criminal defense attorney inWestern New York for over 20 years and is a generalmember of the National College for DUI Defense. He isthe author of Collateral Consequences of CriminalConduct (NYSBA, 1992) and Criminal Law Slanguageof New York 3d (LexisNexis Publications, 2006). He isalso a consultant to many civil litigators regarding DUIcases. He maintains an internet listserv group thatshares information among Buffalo-area DWI defenselawyers and he can be reached at [email protected], New York attorney Michael Dwan, who alsodefends DUI defendants throughout Western New York,contributed to this article. [B]

Twelve Nevers continued from page 13


By John J. Aman

The St. Thomas More Guildis an association of Catholiclawyers in the Diocese ofBuffalo. Guild members sharehow we balance the difficultpractice of law that we all facewith the moral and ethicalchallenges that likewise con-front us. The Guild also offers

opportunities for the spiritual growth and professionaldevelopment of the legal profession.

I began my two-year tenure as president of the Guildthis summer. I am ably assisted by John Baxter, vice-president, Pat Lennon, secretary, Rod Quebral, treas-urer, and Judge Margaret Szczur, Dave Mineo, DanNovak, Frank Carroll, Mary Slisz, and Laurie StykaBloom, members of the board of directors. Father SalManganello is our moderator and chaplain. There area number of tasks that the board wants to accomplishthis year, but the primary goal is to involve our mem-bers, and indeed all western New York lawyers, moreintimately in the activities of the Guild.

To this point, a main activity of board members hasbeen to build a Guild Web site which will not only allowall to keep abreast of the latest Guild news and hap-penings but will also allow easier communication withthe board members. Look for news of this soon.

Also, we are finalizing our bylaws. In the past, wewere somewhat informal, but board members haveconcluded that it is now the time for a set of bylawswhich will better focus us on our mission and providean easier opportunity for all to participate in Guildgovernance.

I know that many of you who attended our June2006 luncheon were impressed by the remarks sharedby Father Ed Durkin, S.J. regarding the students beingserved by the “Nativity Model” middle school hehelped bring to Buffalo’s inner city a few years ago.Now, through a partnershipwith Lawyers for Learning,which has been having a posi-tive impact on students atSchool 18 on Buffalo’s westside, the Guild is offering mem-bers - and anyone else interest-ed - a unique mentoring oppor-tunity. Drawing on our skills inpublic speaking, we will behelping sixth, seventh andeighth graders to develop theirown oral presentation skills andcomfort with public speaking byhelping the students to prepareand present poetry or otherappropriate pieces for oraldelivery. If you are interested inparticipating in this activityand/or joining the committeethat will oversee this endeavor,you can contact Nancy Langerat [email protected] or984-5146. I hope to tell youmore about this great opportu-nity in the near future.

Incidentally, the Guild made a contribution to FatherDurkin’s school to recognize the time and effort hedevoted to coming to our luncheon and addressing us,

as well as the work he is doing. He responded: “Well,the snowstorm gave me some time to respond to theGuild’s incredible kindness in forwarding to me such agenerous stipend. Last evening, during a visit to thefoster home of one of my eighth graders, I was able toassure the family that the bulk of his tuition has beentaken care of by that donation. Do you see what powerto do good you have given me? Thank you!”

Those of you whoattended the luncheonwill recall hearing aboutour scholarship winners.We happily continue thatprogram in 2007. Ascholarship of $500 willbe awarded to a studentattending a parochialgrammar school nextyear and $1000 will begiven to a studentattending a Catholichigh school next year.Students are once againbeing asked to write anessay on the topic “WhatCan We Learn from theLife of St. ThomasMore?” Our scholarshipcommittee is currentlyreceiving the essays andwe expect to announcewinners by the end ofFebruary.

This year we will continue to offer opportunities foreducation coincident with our mission, and occasionsfor our members to gather and share the experiencesand challenges of being Catholic lawyers - and justlawyers. With respect to the former, we are planning a‘Noonday’ seminar this spring to educate us on theChurch annulment process, which perhaps impactsany of you who have a family law practice. In regard tothe latter, we want to begin regular and informal groupmeetings where we can engage in spiritual discussions,linking the discussions to what we do every day.

We continue to update our membership list (we areabout 250 members currently) and will soon sendmembership applications (yes, and dues notices) to allthose on the list. For those judges and attorneys whowant to join or re-join our organization, you don’t haveto wait for the application in the mail. You can just usethe one that appears on this page.

On January 28, the Guild co-sponsored a jointCommunion Breakfast with the Catholic MedicalAssociation. Mass was celebrated by Bishop Kmiec atSt. Louis Church, followed by breakfast at the CatholicCenter. There was a program entitled “The NaturalMoral Law & Life Issues” and sub-titled“Understanding the moral law is essential for correctdecision-making on life issues.” The presenter wasFather Germaine Kopczynski, OFM, Conv PhD., S.T.L.

Finally, I would be remiss if I did not express myappreciation and thanks, and that of the other officersand directors of the St. Thomas More Guild, to JudgeCarl Bucki for his inspiring comments at the end of theRed Mass last September, which were reprinted here inthe Bulletin. His words will hopefully stay with us as we practice law and in our personal lives throughout 2007.

If you have any questions about the Guild or itsactivities, please call me at 845-7462 or call any of ourofficers or directors. Have a great year! [B]

News and Notes from the St. Thomas More Guild

This year we will continueto offer opportunities

for education coincidentwith our mission, and

occasions for our membersto gather and share the

experiences and challengesof being Catholic lawyers -

and just lawyers.


A Limerick on the Retirement of Justice John P. Lane

We acknowledge a fine jurist Judge LaneWho has achieved notoriety and fame

With demeanor so rightSo steady and bright

He’s been erudite and steady, ever the same.

***

He gained the Bench without having to runNo campaigning – he missed all the fun

A winner was he Without paying the fee

In a contested race, He for sure would have won.

~ Norman E. Joslin

Retired JSC

Linda Lewis, Therese Hopkins, Hon. Leslie G. Foschio, Sandra Wilson and Ginny Foschio.

Megan Battaglia (daughter of the late Hon. Vincent E. Doyle, Jr.), Hon. Leslie G. Foshio and BAEC president Stephen R. Lamantia.

Hon. John P. Lane

R e t i r i n g J u d g e sThe Bar Association recently spon-

sored a celebration at the Hyatt Regency in

honor of western New York jurists who retired

at the end of the year. The event honored

Hon. John P. Lane, Hon. Joseph S. Forma,

Hon. Leslie G. Foschio and the memory of

Hon. Vincent E. Doyle, Jr.

Paul J. Smaldone, Joseph F. Crangle and Hon. Rose H. Sconiers.

Honored

P R E M I E R S P O N S O R S

Buffalo Law Journal

Counsel Press, LLC

Designed Settlement Services, Inc.

Erie County Employees Credit Union

IKON Legal Document Services

Settlement Professionals Incorporated

Thomson West


Sponsors of the Reception for Retiring Jurists

The Bar Association of Erie Countygratefully acknowledges the following

law firm sponsors for their generous support:

Anspach Meeks Ellenberger LLPBrown Chiari

Cantor, Lukasik, Dolce & Panepinto, P.C.Cohen & Lombardo, PCColucci & Gallaher, P.C.Connors & Vilardo LLPDamon & Morey LLP

Duke, Holzman, Yaeger & Photiadis LLPGibson, McAskill & Crosby, LLP

Gresens & Gillen LLPHodgson Russ LLP

Hogan & Willig PLLCHurwitz & Fine, P.C.

Jaeckle Fleischmann & Mugel, LLPJohn J. Fromen, Attorneys at Law

Kenney Shelton Liptak Nowak LLPLewis & Lewis, P.C.

Lippes Mathias Wexler Friedman LLPMagavern Magavern & Grimm LLP

Nixon Peabody, LLPOffermann, Cassano, Greco, Slisz & Adams LLP

Paladino, Cavan & QuinlivanPersonius Melber LLP

Phillips Lytle LLPRosenthal, Siegel, Muenkel & Meyers, LLP

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLCShaw & Shaw P.C.

Smith, Keller, Miner & O’SheaThe Barnes Firm

Tim O’Mara

BAEC president Stephen R. Lamantia

Peter J. Fiorella, Jr., past BAEC president Paul C. Weaver and Judge Joseph P. McCarthy.

Hon. Joseph S. Forma

Joan Doyle, Megan Battagliaand Hon. Sharon S. Townsend.


UB Law GOLD Group Celebrates 15th Anniversary

The UB Law Alumni Association’s GOLD(Graduates of the Last Decade) Group will cele-brate its 15-year anniversary on Thursday,February 1, 2007 at the Pearl Street Grill andBrewery in downtown Buffalo beginning at 5:30p.m. The event will feature an open bar, horsd’oeuvres and carving stations plus live music by Michael Bly, who received the 2006 BuffaloMusic Award’s Best New Band award. The cost is$25 per person.

The GOLD Group was begun by a small groupof recent UB law graduates who wanted to assistfellow alumni with the transition from law studentto lawyer. Through its downtown breakfast series,the group offers educational programs to its mem-

bers. The GOLD Group also schedules a number ofinformal and inexpensive social events each year.

GOLD Group members support the Law Schoolin several ways, including acting as coaches for theCareer Services Office, giving tours of the school toprospective students, and assisting the admissionoffice in recruitment activities.

For more information regarding the anniversarycelebration, contact Pat Warrington at 645-7885.The GOLD Group wishes to acknowledge the generosity of those who have contributed to thisevent: Sponsor: Jack W. Hunt & Associates, Inc.;Donors: Sanders Legal Publishers, Inc., BataviaLegal Printing, Inc., and Patron, Nussbaumer &Clarke, Inc.

2006-07 Officers and Directors of the UB Law GOLD GroupPictured above are, front row, left to right, associate director Patricia Warrington, James E. Privitera, Pietra G. Lettieri,

Stephanie Williams-Torres, Danielle Shainbrown and executive director Ilene R. Fleischmann.Second row, left to right: Rebecca Z. McCauley, Bethany J. Gilbert, Tasha E. Moore and Brian M. Swann.

Third row, left to right: Natalie A. Grigg and Melissa Hancock Nickson.Fourth row, left to right: Kevin W. Hourihan and Jeffrey Lloyd Kingsley.

Fifth row, left to right: D. Charles Roberts Jr., Marc W. Brown, Scott T. Hanson and Christopher D. Smith.

Negligence Committee. He has also been active inother local and state Bar Associations and trial lawyers’groups.

CHILDREN COME FIRSTBased on the developments that had already begun

in the Eighth District to improve the court system’sresponse to families in crisis, the court system has beenselected to develop a pilot project entitled “ChildrenCome First.” Hon. Janice M. Rosa, Supervising Judgeof matrimonial matters, has been appointed to lead thedevelopment of this project, which will assist separat-ing parents in dealing with conflict to help protect theneeds and interests of the children involved. The pro-gram began last year with the hiring of social workerNoreen Flynn, who has been developing parentingplans in Supreme Court. Previously established media-tion programs through Catholic Charities and theCenter for Dispute Resolution have also continued inErie County Family Court. According to organizers, theprogram has led to swift and comprehensive disposi-tion of these matters.

Two additional social workers have recently beenhired to expand the “Children Come First” initiative.Sarah Castner, M.S.W. and Sarah Lane, M.S.W., arecurrently conducting early case screening for purposesof tailoring services in matrimonial and family courtmatters in Erie County.

Additionally, Justice Rosa has overseen the develop-ment of parenting coordination protocols, which alsoprovide for the establishment of a court roster of qual-ified parenting coordinators who will receive referralsfrom the Courts in high conflict cases. The parentingcoordination protocols and the parenting coordinatorapplications can be accessed on the District’s Web siteat www.nycourts.gov/courts/8jd.shtml.

This pilot project has been developed to carry out therecommendations contained in the 2006 Report of theMatrimonial Commission that was submitted to ChiefJudge Judith Kaye. The Report can be accessed at theOCA Web site at www.nycourts.gov/reports/matrimo-nialcommissionreport.pdf. [B]

Eighth Judicial Districtcontinued from page 6


WITH HEARTFELT GRATITUDE…

I would like to thank everyone who helped make Buffalo Christmas Wishes anamazing success for the second year in a row. Due in large part to the tremendous gen-erosity and enthusiasm of our legal community, we gave well over 1,000 gifts to morethan 300 local children. Based upon my conversations with parents and school repre-sentatives, it is clear that your generosity provided gifts for students who otherwisewould have gone without this Christmas.As was the case last year, the success of this program is truly the result of the effortsof so many. Whether sponsoring a child, offering a cash donation, volunteering to wrapgifts or simply spreading the word, this program would not succeed without the help somany of you provided.

If I were able to present a list of all who sponsored a child, you would quickly noticethat it included everyone from teachers, retired police officers and nurses to secretaries,associates and partners in large law firms to solo practitioners. Providing so many giftsto so many children is a testament to the kindness and generosity of our community.Please take moment and visit the Web site (www.BuffaloChristmasWishes.com) to seethe pictures of the students so many of you helped and be sure to look for BuffaloChristmas Wishes again next year.

~ Brian R. Biggie

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

…and the hearts of Buffalo Christmas Wishes.

Words of Wisdom from Learned Hand

In the critical year of 1944 a vast “I Am an AmericanDay” ceremony was held in Central Park, New YorkCity, on May 21. Many thousands of people were pres-ent, including a large number of new citizens. LearnedHand’s brief address was so eloquent and so movingthat the text immediately became the object of widedemand. It was quickly printed and reprinted and alsoput into anthologies. The impact was so great that thespeaker was invited to address a similar gathering thenext year.

“We have gathered here to affirm a faith, a faith in acommon purpose, a common conviction, a commondevotion. Some of us have chosen America as the landof our adoption; the rest have come from those who didthe same. For this reason we have some right to con-sider ourselves a picked group, a group of those whohad the courage to break from the past and brave thedangers and the loneliness of a strange land. What wasthe object that nerved us, or those who went before us,to this choice? We sought liberty; freedom fromoppression, freedom from want, freedom to be our-selves. This we then sought; this we now believe thatwe are by way of winning.

What do we mean when we say that first of all weseek liberty? I often wonder whether we do not rest ourhopes too much upon constitutions, upon laws andupon courts. These are false hopes; believe me, theseare false hopes. Liberty lies in the hearts of men andwomen; when it dies there, no constitution, no law, nocourt can even do much to help it. While it lies there itneeds no constitution, no law, no court to save it. Andwhat is this liberty which must lie in the hearts of menand women? It is not the ruthless, the unbridled will; itis not freedom to do as one likes. That is the denial ofliberty, and leads straight to its overthrow. A society inwhich men recognize no check upon their freedom soonbecomes a society where freedom is the possession ofonly a savage few; as we have learned to our sorrow.

What then is the spirit of liberty? I cannot define it;I can only tell you my own faith. The spirit of liberty isthe spirit which is not too sure that it is right; the spir-it of liberty is the spirit which seeks to understand themind of other men and women; the spirit of liberty isthe spirit which weighs their interests alongside its ownwithout bias; the spirit of liberty remembers that noteven a sparrow falls to earth unheeded; the spirit ofliberty is the spirit of Him who, near two thousandyears ago, taught mankind that lesson it has neverlearned but never quite forgotten; that there may be akingdom where the least shall be heard and consideredside by side with the greatest. And now in that spirit,that spirit of an America which has never been, andwhich may never be; nay, which never will be except asthe conscience and courage of Americans create it; yetin the spirit of that America which lies hidden in someform in the aspirations of us all; in the spirit of thatAmerica for which our young men are at this momentfighting and dying; in that spirit of liberty and ofAmerica I ask you to rise and with me pledge our faithin the glorious destiny of our beloved country.” [B]

Frozen Gargoyle by Glenn Edward Murray


Martha Buyer, principal in theLaw Offices of Martha Buyer, PLLC,with offices in East Aurora andBoulder, CO, recently spoke atSyracuse Law School on current top-ics in telecommunications law. Shewas also a recent speaker at theUniversity of Colorado’s Silicon

Flatirons Telecommunications Program. Buyer,whose practice is limited to telecommunicationslaw, represents end users of telecommunications servic-es. She holds an MS degree in Telecommunicationsfrom the University of Colorado, a JD from theUniversity at Buffalo School of Law and an under-graduate degree from Colgate University. Buyer isadmitted to practice in New York, Colorado, Wisconsinand Massachusetts.

J. Joseph Wilder and Laura A.Linneball were recently admitted topractice law before the United StatesSupreme Court. The founding part-ners of Wilder & Linneball, LLP weresworn in by Chief Justice John G.Roberts, Jr., who was born in Buffaloin 1955. A reception held in theSupreme Court Building after theceremony was also attended byAssociate Supreme Court JusticeRuth Bader Ginsburg.

Colleen Ennis Buonocore andJudy N. Cuzzacrea Wagner havejoined the life & asset planning prac-tice group at Harris Beach PLLC asassociates in the Buffalo office.

Buonocore focuses her practice onestate planning and administrationand serves on the firm’s educationalinstitutions team. She received anEducation Law certificate from theUniversity at Buffalo School of Law,where she was a student attorney inthe Special Education Law Clinic.She received her JD, cum laude, fromthe University at Buffalo School ofLaw and a BA magna cum laude

from St. Bonaventure University. Buonocore is a mem-ber of the New York State Bar Association and serves onthe BAEC’s Elder Law and Surrogate’s Court

Committees along with the Committee for the Disabled.

Wagner’s practice focuses on life care planning,including elder law, trusts and estates and estate plan-ning. She is a member of the Elder Law andSurrogate’s Court Committees of the BAEC, the ElderLaw and Estates and Trusts Sections of the New YorkState Bar Association, and the National Association ofElder Law Attorneys. Wagner received her BA from theUniversity at Buffalo School of Law and her JD from itsLaw School.

Joseph M. Marris, a partner withPhillips Lytle LLP, recently receivedthe “Supporting Trustee” awardfrom the Leukemia & LymphomaSociety at the society’s annual recog-nition reception. Marris has servedon the board of trustees for the pastfour years and currently serves as

chapter president of the group’s Western New York andFinger Lakes Chapter. He concentrates his practice incounseling business entities with particular emphasison mergers and acquisitions, corporate finance andother business relationship issues. A member of theAmerican and New York State Bar Associations, Marrisholds a JD, magna cum laude, from University ofBuffalo School of Law and a BS, magna cum laude,from LeMoyne College.

Raymond H. Caso, Jr. has joinedMagavern Magavern Grimm LLP asan associate. He concentrates hispractice in commercial and residen-tial real estate, trusts and estates law,and general business law. Caso previ-ously was senior associate and realestate managing attorney for Block,

Colucci, Notaro & Laing, PC. He is a former law clerkfor Erie County Surrogate’s Court, and has acted asGuardian ad Litem for Surrogate’s Court. Caso alsoserved on the Village of Kenmore Planning Board. Hereceived his bachelor’s degree from the University atBuffalo and his JD from its School of Law.

Nelson E. Schule, Jr., a partner with Kenney,Shelton, Liptak, Nowak LLP, has been named a direc-tor of the WNY Defense Trial Lawyers Association.Schule, who concentrates his practice in litigation andthe defense of civil cases, also conducted a recent sem-inar on lead paint litigation, sponsored by the NationalBusiness Institute. He has over15 years of experience inall aspects of civil litigation, including motor vehicleaccidents, premises liability, product liability, labor law,professional malpractice, workers compensation andasbestos. Schule is a graduate of Colgate Universityand UB Law School. Kenney Shelton has offices inBuffalo, Rochester, Corning, and New York City.

Robert M. Greene, a partnerwith Phillips Lytle LLP, was recentlyinducted into the 2006 JuniorAchievement Business LeadershipHall of Fame, along with receivingthe group’s Spirit of AchievementAward. Greene focuses his practiceon health law and corporate counsel-

ing. Listed in The Best Lawyers in America® forHealth Law, he holds a LL.M from New YorkUniversity of Law, a JD from the University of NotreDame Law School and a BA from Canisius College.Greene is a member of the New York State BarAssociation, the Catholic Health Association, HealthCare Compliance Association, American Association ofHomes and Services for the Aging and American HealthLawyers Association. He also serves as president of theNotre Dame Law Association and as a trustee forAlbright-Knox Art Gallery, WNED Foundation and theFoundation of the Diocese of Buffalo.

Rebecca M. Stadler has joinedthe intellectual property & technolo-gy law practice group in the Buffalooffice of Hodgson Russ LLP. Stadlerfocuses her practice on all aspects ofintellectual property protection,including patent prosecution andpatent portfolio strategy and man-

agement. She is particularly interested in nanotechnol-ogy, having completed a Master’s project in silvernanoparticles and surface-enhanced Raman scattering.

Paul J. Vallone, a partner inHodgson Russ LLP’s corporate &securities practice group, has beenaccepted to Leadership Buffalo’sClass Experience. Bethany Gilbert,an attorney in the firm’s health lawand corporate & securities practicegroups, has been accepted to theRising Leaders program. LeadershipBuffalo works to unite existing andemerging leaders from diverse back-grounds and perspectives in order toincrease their knowledge of commu-nity issues, broaden their vision, andenhance their ability to lead.

Sakina N. Riddell, an attorneywith Phillips Lytle LLP, was recentlynamed chairwoman of the BuffaloCommittee for the GeorgetownUniversity Alumni AdmissionsProgram Committee. A former mem-ber of the committee, Riddellreceived her JD from Georgetown

University Law Center. She concentrates her practicein commercial lending and real estate finance transac-tions. She is a member of the New York and Women’sBar Associations and was recently elected president ofthe Minority Bar Association. Riddell received her BA,cum laude, from Duke University. She also serves onthe board of directors for Pick of the Crop Dance andis a member of the mentoring and retention committeeof Dupont Minority Counsel Network.

Brian R. Biggie was recentlyappointed to the board for theBuffalo Alliance for Education. TheBAE is an independent, non-profitorganization devoted to enhancingand enriching student achievement.In addition to administering localcharter schools, the BAE runs a

number of programs devoted to improving the educa-tion of local students. Information about the BAE andits programs can be found at www.buffaloalliance.org.If you have any questions regarding the BAE, its pro-grams, or if you are interested in becoming involved,please feel free to contact Brian R. Biggie.

Bench & Bar continued from page 3

Buyer

Linneball

Wilder

Wagner

Buonocore

Marris

Caso

Greene

Stadler

Vallone

Gilbert

Riddell

Biggie


Recycle your Bulletin


James D. Donathen and John G. Schmidt Jr.,partners with Phillips Lytle LLP, and Tracie L.Covey, an associate at the firm, recently gave a pres-entation to the Buffalo Niagara Human ResourcesAssociation entitled “What to do When a DisloyalEmployee Threatens Your Business.” Among topics dis-cussed were steps an employer can take to avoid oraddress various forms of workplace misconduct such asdiverting customers or business opportunities, technol-ogy abuse, theft disclosure of trade secrets or confiden-tial information, and threats to workplace safety.

Donathen practices labor and employment law. Heholds a JD, cum laude, from the University of NotreDame Law School and a BA, magna cum laude, alsofrom Notre Dame. Included in The Best Lawyers inAmerica®, Donathen is a member of the American andNew York State Bar Associations, the Labor andEmployment Relations Association of WNY and theEmployee Relations Association of WNY. He also servesas human resources committee chair on the YMCAboard of directors.

Schmidt focuses his practice on commercial litiga-tion, employee disloyalty and technology law. A mem-ber of the American and New York State BarAssociations, he holds a JD from Rutgers-Newark anda BFA from New York University. Schmidt also serveson the executive committee of the Boy Scouts ofAmerica, Greater Niagara Frontier Council, and is vicepresident of programs for Leadership Buffalo. He is afrequent speaker on employee disloyalty, legal ethicsand electronic discovery.

Terrie Benson Murray hasjoined Cohen & Lombardo as anassociate and will concentrate herpractice in estates and trusts, willsand estate planning. She has morethan 25 years of legal experience,most recently as managing attorneywith the United Auto Workers Legal

Services Plan. Benson Murray is a former regionalpartner with Hyatt Legal Services, where she oversawmore than 60 employees in the Buffalo, Rochester andSyracuse offices. She earned her JD from the Universityat Buffalo Law School after receiving her BA summacum laude from SUNY at Fredonia. Benson Murray isactive with Orchard Park Presbyterian Church and alsovolunteers for Interfaith Hospitality Network, whichprovides short-term emergency housing for the dis-placed. She is a founding member of a newly organizedlocal chapter of the Philanthropic EducationOrganization, which raises funds to help women to fur-ther their education.

Kenneth P. Friedman, a partnerin Hodgson Russ LLP’s corporate &securities practice group, has beenelected president of the board of theBuffalo and Erie County HistoricalSociety. Friedman has been a mem-ber of the group’s board of managerssince 2000, is currently chair of its

governance committee, and has served on the executiveand museum collections committees during his six-yeartenure. He was also a leader of the transition commit-tee, which oversaw museum operations.

Scott J. Bizub has joined theBouvier Partnership as an associatein the litigation group. Bizub is agraduate of University at BuffaloLaw School and SUNY Geneseo.Prior to attending law school, he wasvice president/director of govern-ment relations for Chwat &

Company, Inc. in Washington, D.C.

John J. Hurley has been named executive vicepresident and vice president for college relations atCanisius College. Hurley also serves as secretary to thecollege’s board of trustees. Hurley is national chair ofthe Jesuit Advancement Administrators, serves astrustee of the Buffalo Philharmonic Orchestra, andwith wife Maureen, chairs the Bishop’s Council of theLaity of the Roman Catholic Diocese of Buffalo.Previously, he was also a member of the City ofBuffalo’s Charter Revision Commission. Hurley is agraduate of Canisius College and the University ofNotre Dame Law School.

April J. Orlowski has joined theBuffalo office of Hiscock & Barclay,LLP as an associate attorney, con-centrating her practice on the defenseof professional and general tort lia-bility matters, insurance coverageand civil appeals. She primarily han-dles insurance companies and their

insureds. She is a graduate of the University at BuffaloLaw School, has a JD, cum laude, from the StateUniversity of New York, and a BA, magna cum laude,from the State University of New York at Buffalo.Orlowski is a member of the Women’s Bar Associationof Western New York, as well as a board member forthe North Tonawanda History Museum. Prior to join-ing the firm, she was an associate with Gibson,McAskill & Crosby, LLP.

Theresa E. Quinn has joinedMagavern Magavern Grimm LLP asan associate, concentrating her prac-tice in negligence, employment andhousing litigation, appeals, entertain-ment law and contracts, and copy-right issues. Quinn previously waswith Watson, Bennett, Colligan,

Johnson & Schechter, L.L.P, and worked for law firmsin New York City after her graduation from BrooklynLaw School. She is also a professional musician, vocal-ist and composer who has worked as an arranger, demomusician and staff songwriter in Nashville, and a per-former and theatrical music director in New York andBuffalo. Quinn is the organist and choir director atLafayette Presbyterian Church.

Bench & Bar continued from page 20

Donathen Schmidt Covey

Murray

Friedman

Bizub

Orlowski

Quinn

Law Line EducatesPublic on Legal Issues

Since 1997, The Law Line has engaged theminds of thoughtful western New Yorkers whotune in to WNED-AM (970) at 10:00 onSaturday mornings. Host Mike Desmond talksto lawyers and judges from our legal communi-ty on wide-ranging topics related to the law.The program provides a valuable public servicethat reaches about 4,000 listeners each week.

We appreciate the time that the followingmembers of our Association have taken to edu-cate the public about legal matters by volun-teering their time to appear on The Law Line.Members are listed in order of appearance.

Charles Beinhauer and Jamie M. SmithPost Deficit Reduction Act Planning

for Long Term Care

Jerome D. Carrel and Edward C. Robinson

Use of Life Estates & Gifting After the Deficit Reduction Act

Gayle L. Eagan and Helen Ferraro-Zaffram

Veterans Benefits & Article 81

Lisa J. Allen and Judy N. Cuzzacrea-Wagner

Supplemental Needs Trusts – Personal Service Care Contracts

Laurie L. Menzies and Robert Wills, CFPFinancial Gerontology

The Law Line is underwritten by the ErieCounty Bar Foundation and the LawyerReferral and Information Service of the BAEC.If you would like to appear as a guest on the pro-gram, please contact Katherine Bifaro at 852-8687 or by e-mail at [email protected].

“Common sense and a sense

of humor are the same thing,

moving at different speeds.

A sense of humor is

just common sense, dancing.”

~ C L I V E J A M E S

�

Name______________________________________________________________________________________________________

Firm ______________________________________________________________________________________________________

Address __________________________________________________________________________________________________

City ________________________________________________________ State ____________ Zip ________________________

Phone ___________________________ Fax __________________________ E-mail __________________________________

Enclosed is my check in the amount of $ ____________________❐ Visa ❐ MC

Card Number ______________________________________________________________ Exp. Date ______________________

Cardholder Signature ________________________________________________________________________________________

ERIE INSTITUTE OF LAWREGISTRATION FORM

Please register me for the following Erie Institute of Law sponsored events:

1. ________________________________________

2. ________________________________________

3. ________________________________________

Cancellation Policy: If you are unable to attend aseminar, for which you have already registered, callMary Kohlbacher at 852-8687 ext. 15. For a fullrefund, notice of your cancellation must be receivedbefore the date of the program. Registrants who arepre-registered and fail to attend will receive coursematerials in lieu of a refund.

Mail or fax to: Erie Institute of Law • 438 Main Street, Sixth Floor, Buffalo, New York 14202 (716) 852-8687 • Fax (716) 852-7641

Save money every time you use a seminar pass.Simply stated, the Bar Association of Erie County CLEPassbooks give you the opportunity to attend high-quality, convenient, half-day educational programs at abargain rate. One pass buys any half-day seminar foronly $58 ($12 off the regular seminar price). If youwant to minimize your CLE expenses and maximizeeducational experiences for yourself or your firm, thenthe CLE Passbook program is for you. The passbookguarantees the reduced price of $58 for any half-dayseminar for the next two years, despite any fee increas-es during that time period.

We’ve Got Your Ticket to Savings!CLE Passbook Order Form

Please send me _____ seminar passbooks(one book of six passes: $350)

Total: $ _________________

Name: _________________________________________

Firm Name: ____________________________________

Address: _______________________________________

City: ___________________________________________

State: __________________ Zip: ___________________

Phone:_________________________________________

E-mail: _________________________________________

[ ] Check enclosed; Payable to the Erie Institute ofLaw 438 Main Street, Sixth Floor, Buffalo, NY 14202

[ ] Visa [ ] MasterCard

Credit Card #: __________________________________

Exp. Date: ______________

Signature:______________________________________

How it WorksPasses are available in books of six for $350 ~ six semi-nars for the price of five. Attach a pass when you mailyour advance registration form, or bring the pass withyou when you register at the door. If you intend to use the pass for a walk-in registration, please be sure to callahead and confirm the date, location and available seating. The seminar pass will cover your registration infull. Guaranteed.

The passes are completely transferable and can beshared with other members of your firm, including staffmembers and paralegals. If you are a sole practitioner,you can share the passes with other practitioners.

GuidelinesPassbooks are valid for two years from the date of pur-chase and are not replaceable if lost. No cash refundsare available for unused or expired passes. Each pass isvalid for admission to any half-day BAEC CLE seminar.There is no limit to the number of passbooks an individ-ual or firm can purchase, but all passes must be usedwithin two years from the date of purchase, or theybecome void. If a scheduling conflict arises after youhave registered for a seminar, just inform our office 48hours in advance of the program, and we will returnyour pass for future use.

PLEASE NOTE: As an accredited provider of Continuing Legal Education programs in New York state, we are unable to provide partial credit for any of our CLE course offerings. Participants who do not attend programs in their entirety are unable to receive ANY credit for them.

Date/Time/Location Topic CLE Credits Price

Friday, February 9, 2007 Survival Strategies for 4 credits $43 newly admitted9:00 a.m. - 12:30 p.m. Life After Law School 2007 - Day 1 $45 experienced Bar Association Headquarters (Tour of Courts) attorneys

Saturday, February 24, 2007 Lawyer Advertising Rules 4.5 credits $70 members 9:00 a.m. - 1:00 p.m. (Live Seminar) $100 non-membersMarriott - Buffalo Niagara1340 Millersport HighwayAmherst, New York 14221

Friday, March 16, 2007 Survival Strategies for 6 credits $78 newly admitted8:45 a.m. - 4:00 p.m. Life After Law School 2007 - Day 2 $90 experienced Hyatt Regency Buffalo (Live Seminar) attorneys

Thursday, April 26, 2007 Survival Strategies for 6 credits $78 newly admitted8:45 a.m. - 4:30 p.m. Life After Law School 2007 - Day 3 $90 experienced Hyatt Regency Buffalo (Live Seminar) attorneys

*If paying for all 3 days of Survival Strategies for Life After Law School, please note prices: $199 newly admitted $225 experienced attorneys

ERIE INSTITUTE OF LAWPROVIDING CONTINUING LEGAL EDUCATION FOR YOUR PROFESSIONAL ADVANTAGE

www.eriebar.org | February 2007PAGE 22

In today’s competitive, fast-paced legal environment, effective time management is essential. Take advantage of the Erie Institute of Law tape library and start earning your

CLE credits when the time is convenient for you.

The Erie Institute of Law offers many of our most popular CLE seminars on compact disc, as well as on cassette tape and videotape. All of our seminars are professionally edited and are

accompanied by a full set of written course materials. Among our most recent selections:

Each seminar is priced as follows(unless otherwise stated):

CD/Audiotape: $70 BAEC Members, $100 Non-MembersVideo: $85 BAEC Members, $115 Non-Members

To order, please send check payable to:The Erie Institute of Law438 Main Street, Sixth Floor Buffalo, New York 14202

*NEW DWI Update: New Crimes andConsequences Product code 21001.0 CLE credit: Practice Management/ProfessionalPracticePresented on September 13, 2006Available on CD and Cassette only$20 members and non-members

Every DWI practitioner must understand recentcase law, DMV policies, and 2006 legislation (effec-tive November 1, 2006) including: new crimes,Aggravated DWI (ADWI) & Driving Under theInfluence of Alcohol and Drugs (DWIA&D), pleabargain restrictions, enhanced penalties for refusalsand vehicular assault (including permanent driverlicense revocations), and mandated pre-trial screen-ing and treatment for DWI defendants.

Every DWI case is complex in its evaluation anddefense. As Mr. Murray wisely points out, you must“know the four C’s: Your Client, Case, Court andConsequences!”

*NEW 2006 Update on Civil Practice andProcedure with Burton Lipshie Product code 21014.5 CLE credits: 1.0 Ethics, 3.5 PracticeManagement/Professional PracticePresented on September 16, 2006Available on CD and Cassette only

Topics discussed: 1. Statute of Limitations

a. Professional Malpractice b. Medical Malpractice vs.

Negligence c. Continuous Treatment d. Product Liability e. Intentional Torts f. Estoppel

2. Commencement by Filing a. Filing Rules b. Extension of Time to Serve

3. Long Arm Jurisdiction 4. Accelerated Judgment

a. Amendment to CPLR 3211 b. The Timing of Motions for Summary

Judgment

• Recent CPLR Article 16 Developments inConstruction Site Accident Cases

• Immigration Status of the Injured Worker• Workers Compensation Law § 11 - Grave Injury

Requirement in Third-party Actions

*NEW Planning Ahead: Key Issues for theLawyer Approaching Retirement Product code 21036.0 CLE credits: 3.0 Ethics, 3.0 PracticeManagement/Professional PracticePresented on December 2, 2006Available on CD and cassette only$30 members and non-members

Retirement is a time of life that many of usapproach with equal parts anticipation and anxiety.Recognizing this, the Bar Association of Erie Countyand the Bar Foundation planned a special programto assist attorneys in making certain that this timein their lives is as satisfying as it can be.

Our anxiety levels tend to increase in proportion toevents over which we have no control, such as acci-dents, illness, disabilities, unplanned retirement andultimately death. Operating without adequate plansand provisions can not only jeopardize the attorneyand his or her clients but also the financial securityof the lawyer’s family. An accident or sudden illness,for example, may lead to lost clients and a practicethat is diminished or destroyed as a result of thelawyer’s absence.

It is equally important for lawyers nearing theirgolden years to make sound decisions aboutwhether they will retire from the full-time practiceof law or continue to practice in some capacity.Such decisions are wide-ranging and complex andthis program explains how to develop and imple-ment an “Individualized Retirement Plan.” Issuessuch as Medicare, Medicaid and long-term careinsurance is discussed, along with the emotionaland psychological factors typically encounteredupon retirement.

When a lawyer nears retirement or is affected byunforeseen circumstances, the lawyer’s family isaffected as well. Handout materials include a bookpublished by the New York State Bar Associationentitled Planning Ahead – Establish an AdvanceExit Plan to Protect Your Clients’ Interests in theEvent of Your Disability, Retirement or Death, whichincludes useful forms and important checklists.

Be sure to include your name and address for mailing purposes; add$5 shipping and handling for each tape purchased. Tapes are mailedvia UPS, no P.O. boxes please. To order by phone using your Visa or MasterCard, call Mary Kohlbacher at 852-8687.

If you haven’t received your copy of our most recent CLEcatalog, please call Mary Kohlbacher at 852-8687.

c. Standards for Summary Judgment d. Defaults e. CPLR 3216

5. Pleadings a. Pleading Fraud b. Pleading Defamation c. Other Pleading Issues

6. Arbitration a. CPLR vs. FAA b. Arbitrable Disputes c. Confirming or Vacating the

Award7. Forum Non Conveniens

a. Standards b. Forum Selection Clauses

8. Disclosure a. Informal Disclosure b. Non-Party Disclosure c. Privileges d. Depositions

*NEW Construction Site Accidents: WhatYou Need to Know Product code 21024.0 CLE credits: Practice Management/ProfessionalPracticePresented on September 30, 2006Available on CD and cassette only

Topics discussed:• Recent Developments under the Recalcitrant

Worker Defense• What Constitutes “Cleaning” under Labor Law §

240(1)?• Does Wallpapering Constitute a Repair under the

Language of Labor Law § 240(1)?• What Constitutes “Altering” a Structure for

Purposes of Labor Law § 240(1)?• “Falling Worker” and “Falling Object” Cases• Who Is Protected under Labor Law § 200?• Who Is an Owner or Agent under the Labor Law?

Accreditation for viewing a CLE tape is handled on anindividual basis. Each lawyer must pay the requisite fee,fulfill the requirements for accreditation, and acquireand retain his or her own certificates of completed continuing legal education activity.

However, as a service to our members who wishto participate in group or sequential viewing ofCLE tapes, the Erie Institute of Law offers the following alternative: One member in the groupmay purchase the audio tape of their choice, paying the listed price; all other members in theviewing group who wish to receive accreditationfor viewing the tape will receive a $20 discount.One set of audiotapes will be mailed along withcourse materials for each participant.

In order to administer CLE credit, the names of all participating attorneys must be given at the time ofpurchase. No more than five people per tape allowed.

The Buddy System applies to programs costing $70and up.

The Buddy System[For CLE Audio Tapes]

Name: _____________________________________________________________________________________________

Each additional participant:

2. __________________________________________________ 3. _____________________________________________

4. __________________________________________________ 5. _____________________________________________

Shipping Address (No P.O. boxes please, due to UPS shipping):

Firm:_______________________________________________________________________________________________

Street Address: _____________________________________________________________________________________

City: _______________________________________________State: ______________________Zip:________________

Phone: _____________________________________________E-mail: _________________________________________

All tapes will include course materials. Please indicate the audio tape/CD/Video(s) product code of your choice: ______________________________________________

Total amount enclosed (Please add $5 per tape for shipping): $ ___________________________________________

[ ] Check enclosed Charge my: [ ] Visa [ ] MasterCard

Credit Card #:____________________________________________________________________Exp. Date:__________

Name (as it appears on card): ___________________________________________________________________________

Signature:___________________________________________________________________________________________

Buddy System Registration Form

February 2007 | www.eriebar.org PAGE 23

LISTEN, LEARN & EARN!

THURSDAY 1Negligence Committee 12:15 p.m. - Adelbert Moot CLE CenterWilliam A. Gersten, Chair

FRIDAY 2Commercial & Bankruptcy Law

Committee12:15 p.m. - Beth Ann Bivona, Chair

MONDAY 5Professional Ethics Committee12:15 p.m. - Douglas G. Kirkpatrick,Chair

TUESDAY 6Board of Directors8:00 a.m. - Stephen R. Lamantia,President

WEDNESDAY 7A Forum on the “Children Come First”

Initiative12:00 p.m. - 2:00 p.m.Family Court Building, 5th FloorBridget M. O’Connell, Chair

Health Care Law Committee12:15 p.m. - Lisa McDougall, Chair

Unlawful Practice Committee12:15 p.m. - Bar Center, Brennan RoomNancy M. Langer, Chair

THURSDAY 8Criminal Law Committee12:15 p.m. - Robert M. Goldstein, Chair

FRIDAY 9Committee for the Disabled 12:15 p.m. - Janet L. Bensman, Chair

Practice & Procedure in Family Court Committee

12:15 p.m. - Part 14 of Erie County Family Court

Kristin L. Arcuri, Chair

March Bulletin Deadline

MONDAY 12Federal Practice Committee12:15 p.m. - Anna Marie Richmond, Chair

TUESDAY 13Labor Law Committee12:15 p.m. - Kevin P. Wicka, Chair

Real Property Law Committee 12:15 p.m. - Adelbert Moot CLE Center Gerald J. Greenan, Chair

THURSDAY 15Admission to the Bar Committee 12:15 p.m. - Bar Center, Arbitration Room Daniel G. Tronolone and

Stephen L. Yonaty, Co-Chairs

Practice & Procedure in Justice Courts Committee

12:15 p.m. - Jeffrey F. Voelkl, Chair

Matrimonial & Family Law Committee Holiday Party

5:30 p.m. - 8:30 p.m.Buffalo Chop House For more information, please contact

Bridget O’Connell at 849-1333.

FRIDAY 16Legal Nurse Consultants Committee 10:00 a.m. - Christine A. Trojan andDiane L. Reboy, Co-Chairs

Young Lawyers Committee12:15 p.m. - Natalie A. Grigg and Melissa Ann Foti, Co-Chairs

MONDAY 19 Office Closed - Presidents’ Day Holiday

TUESDAY 20Board of Directors8:00 a.m. - Stephen R. Lamantia,

President

Environmental Law Committee12:15 p.m. - Bar Center, Brennan Room R. Hugh Stephens, Chair

WEDNESDAY 21Erie County Bar Foundation 8:00 a.m. - Francis X. Carroll, President

Intellectual Property, Computer & Entertainment Law Committee

12:15 p.m. - Stephanie A. Cole, Chair

February 2007 calendar

ALL MEETINGS HELD IN THE BAR CENTER, 438 Main Street, Sixth Floor, unless otherwise noted. The AdelbertMoot CLE Center is also located at 438 Main Street, Sixth Floor.

THURSDAY 22Human Rights Committee12:15 p.m. - Bar Center, Brennan RoomAlan J. Bozer, Chair

Municipal & School Law Committee 12:15 p.m. - Bar Center, Arbitration RoomHerbert J. Glose, Chair

Practice and Procedure in Surrogate’s Court Committee

12:15 p.m. - 438 Main Street, 12th Floor John C. Spitzmiller and

Catherine T. Wettlaufer, Co-Chairs

MONDAY 26Alternative Dispute Resolution Committee12:15 p.m. - Robert A. Dean and

Patricia H. Potts, Co-Chairs

Banking/Corporation Law Joint Committee Meeting

12:15 p.m. - Phillips Lytle LLP, 3400 HSBC Center

Sharon Prise Azurin, Chair John J. Koeppel, Chair

TUESDAY 27Elder Law Committee12:15 p.m. - Charles Beinhauer, Chair

PAGE 24www.eriebar.org | February 2007

www.eriebar.org

What’s Right about the Legal ProfessionWhat is right with the profession of law depends entirely, of course, on whom you ask.

A national survey recently conducted by The Complete Lawyer magazine and TheNALP Foundation found that:

• According to 89 percent of the respondents, the law is still a prestigious professionto a degree that few other professions offer.

• When asked whether “the practice of law is human service of the highest order,”68 percent of respondents aged 42-60) agreed or strongly agreed while only 39percent of those 41 and younger concurred.

• Only two-thirds (66 percent) of women, compared to 96 percent of men, agreedor strongly agreed that “I am respected at my place of work.”

• The survey can be viewed athttp://www.zoomerang.com/survey.zgi?p=U25NWT7EQNNU

Think warmsummer thoughtsand save the date!

The Bar’s annual golf tournamenthas just been scheduled for Monday, June 18 at Diamond Hawk Golf Course inCheektowaga.

bar association of erie county vol. 46 | no. 6 |february ... · pdf filebar association of...

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