I N S I D E

M a y 2 0 0 7 V o l u m e 3 / N u m b e r 4V i s i t u s a t w w w . n y c l a . o r g

MESSAGE FROMTHE PRESIDENT

INDEPENDENCE

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CENTENNIALPAGE

VESEY STREETIN 1926

12

MEMBERPROFILES

EUGENE B.NATHANSON

MALVINA NATHANSON

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NNYYCCLLAA HHoossttssLLuunncchh WWiitthh aa JJuuddggee

4NYCLA recently published the NYC

Youth Law Manual, the centerpiece ofthe Youth Law Education Project, a col-laboration among the Association, itsLaw-Related Education Committee(LRE) and the Justice Resource Center(JRC), headed by Debra Lesser. The113-page second edition of the Manual,targeted to high school students,informs them about an array of legaltopics such as voting rights, family law,government assistance and cyberspacelaw, as well as offers the students anoverview of the United States system ofgovernment and useful resources suchas hotline numbers and websites.

Written in an easily understandableformat, the Manual serves as a resourcefor high school teachers of law-relatedcurricula to educate students abouttheir rights and responsibilities andprovide them with information aboutlaw-related careers. Coupled withteacher training seminars, citywide stu-dent conferences and career days, theManual will help deliver current andaccurate information about legal issues

of critical importance to the approxi-mately 35,000 students enrolled in law-related programs in New York Cityhigh schools. (The Manual can bedownloaded by logging on toNYCLA’s homepage.)

The Manual is on the New York StateUnified Court System’s new website,http://www.nycourts.gov/youth/, whichprovides information aboutNew York courts, proceedingsand laws that involve and affectyouth and serves as a clearing-house for information onstatewide and local youth-ori-ented programs. In addition,the Manual is included in theAmerican Bar Association(ABA) Division for PublicEducation’s National Directory of Law-Related Programs, a database that servesas both a repository and a resource fordata on the thousands of programs in theUnited States and abroad. The URL forthe ABA’s directory ishttp://publiced.abanet.org/lre/organiza-tion.jspa?pid=146.

Production of the ManualAs a pro bono contribution, the law

firm of Cadwalader, Wickersham & TaftLLP prepared the manuscript. NYCLABoard member Ivan J. Dominguez, thenthe Director of Diversity, Pro Bono andCommunity Relations at the law firm,and a team of associates and partnersproduced an updated Manual with 12

new chapters. The followingvolunteers from the NYCLABoard, the LRE and otherNYCLA committees, and theFinancial Women’sAssociation, who had expertisein particular areas, helped editthe Manual: Robert F.Bacigalupi, Craig T. Donovan,Eugene J. Glicksman, Marcia J.

Goffin, Bruce A. Green, David J.Lansner, Hon. Joseph Kevin McKay,Eugene B. Nathanson, Brian D. Rauer,Norman L. Reimer, Marie Richardson,Lindsay Starr, Andrew R. Tulloch, SusanJ. Walsh, Gary R. Weil and KarenZander. Marilyn J. Flood, NYCLA

NYCLA publishes NYC Youth Law Manual

VolunteersNeeded for Pro BonoProject

3NYCLA’s first Centennial Year event,

its Annual Meeting, takes place onThursday, May 24 beginning at 5:30 PM atthe Home of Law with the induction ofCatherine A. Christian as President, AnnB. Lesk as President Elect, James B. KobakJr. as Vice President, Louis Crespo asSecretary and Joel B. Harris as Treasurer.John D. Feerick, Professor, Sidney C.Norris Chair of Law in Public Service,Fordham University School of Law, andHon. Juanita Bing Newton, Deputy ChiefAdministrative Judge for JusticeInitiatives, and Administrative Judge,Criminal Court of the City of New York,will speak at the meeting, which will be fol-lowed by a reception.

John D. FeerickMr. Feerick was recently appointed

chairman of the New York State EthicsCommission by Governor Eliot Spitzerand in September will assume the sameposition at a new Commission on PublicIntegrity, which combines the existingethics and lobbying commissions. TheCommission will become the state’s pri-mary “ethics-in-government watchdog.” inAlbany. Mr. Feerick served as Dean of hisalma mater, the Fordham University

School of Law, for 20years, stepping downin 2002 to resume afull professorship.Heis the Founder andDirector of theFeerick Center forSocial Justice andDispute Resolutionand Chair of theNYCLA JusticeCenter. From 1987 to1990, Mr. Feerick was chairman of theCommission on Government Integrity. Forhis 1976 book, The Twenty-FifthAmendment, Mr. Feerick received aPulitzer Prize nomination. He is a pastrecipient of the Law and Society Awardfrom the New York Lawyers for the PublicInterest, the 1999 Citizen AchievementAward from the New York State League ofWomen Voters, NYCLA’s William NelsonCromwell Award, the Association Medal ofthe City Bar Association and the New YorkState Bar Association’s Gold Medal.

Hon. Juanita Bing NewtonJudge Newton was recently

appointed to the newly created NewYork State Commission on Sentencing

Reform byGovernor EliotSpitzer. Prior toher appointmentto the bench, shewas an AssistantDistrict Attorneyin Bronx County,E x e c u t i v eDirector/GeneralCounsel to theNew York StateS e n t e n c i n g

Guidelines Committee and ExecutiveAssistant to the Deputy ChiefAdministrative Judge for the NewYork City Courts. Judge Newton servesas Chair of the NYCLA SpecialCommittee to Increase Diversity in theLegal Profession and the Association’sLunch With a Judge program, and is amember of other committees and orga-nizations, including the ABA StandingCommittee on Legal Aid and IndigentDefense. She was recently honored bythe NYCLA Civil Court PracticeSection, receiving its NationalWomen’s History Month Award. JudgeNewton has received two honorary

Centennial Launch Event:

NYCLA Annual Meeting on May 24 John D. Feerickand Hon. Juanita Bing Newton to present remarks

John D. Feerick Hon. JuanitaBing Newton

See ANNUAL MEETING, Page 14

See YOUTH MANUAL, Page 14

ONLY ONE LAW SCHOOL IN AMERICAShares Its Campus With A Federal Courthouse And A State Courthouse.

TOURO LAWTouro College Jacob D. Fuchsberg Law Center

225 EASTVIEW DR., CENTRAL ISLIP, NY 11722PHONE: 631-761-7000

Take a Look atTouro Law Now...

NEW BUILDING

NEW CURRICULUM

NEW LOCATION

In January 2007, Touro Law Center moved to a new campus in Central Islip,adjacent to and working with both a state courthouse and a federal courthouse.With its unique location as part of the first planned “law campus” in the coun-try, Touro has become a catalyst for bringing judges, lawyers and law studentstogether – merging the classroom and the courtroom.

Touro’s visionary approach to legal education includes a practice-oriented cur-riculum that teaches students the skills that employers seek and the professiondemands. Touro students think critically about the lawyering process from thestart of their education – and each year add progressively more sophisticatedpractice skills.

Completely wireless and interactive, this professional 185,000-square-foot lawcampus has state-of-the-art courtrooms and classrooms that serve as real-worldlegal laboratories. Students not only learn the law, they live it.

Touro College Jacob D. Fuchsberg Law Center,The Alfonse M. D’Amato U.S. Courthouse and

The John P. Cohalan, Jr. State Courthouse

BRINGING LAW TO LIFEWWW.TOUROLAW.EDU

M a y 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 3

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

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

Best Business Practices in theElectronic Age...15

Centennial Calendar of Events…3

Centennial Page…11

CLE Programs…14

CLE Tech Programs…13

DVD/CD Audio CLE ReferenceLibrary…10

Directions to NYCLA…17

Editorial Policy…17

Ethics Hotline…17

Events in lower Manhattan…15

French Artist Presents “Symphonied’Etoiles”…6

Hon. Richard Price and the Law-Related Education Committee…9

Legal Fellows Program…3

Library Notes…13

Member Benefits…3

Member Profiles…3

Message From the CLE Director…6

Message From the President…5

Musicians From Marlboro…9

NYCLA Annual Meeting…1

NYCLA Annual Meeting Proxy…10

NYCLA Federal Courts CommitteeNews…6

NYCLA Hosts NY Library Club…8

NYCLA Hosts “Lunch with a Judge”Program…3

NYCLA Publishes Youth LawManual…1

Past Events…10

Practice of Law Series…6

Public Policy Development…6

Substance Abuse Hotline…17

Teacher Training Seminar…7

2007 Attorneys Guide…4

Volunteers Needed for Pro BonoProject…3

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

MAY2007 LAW DAY LUNCHEON – LIB-ERTY UNDER LAW: EMPOWERINGYOUTH, ASSURING DEMOCRACYFriday, May 1112:00 PMPlace: The Ritz-Carlton, Two West StreetCapozzoli Gavel Awardee: Hon. HaroldBaer Jr., U.S. District Court, SouthernDistrict of New York, former SupremeCourt Justice, New York CountyHon. Karla Moskowitz, Justice, SupremeCourt, New York County, and Hon. DavidB. Saxe, Justice, Appellate Division, FirstDepartment, will receive certificates for25 Years of Distinguished Judicial ServiceTickets: $150Sponsor: Supreme Court CommitteeLuncheon Co-Chairs: Howard W. BurnsJr. and Henry J. KennedyRSVP: Please send a check (payable toNYCLA) to: NYCLA – Law Day 2007,14 Vesey Street, New York, NY 10007.

CENTENNIAL CELEBRATIONKICKOFF: NYCLA’S ANNUALMEETINGThursday, May 245:30 PMPlace: NYCLA Home of Law – 14 VeseyStreetFREEA presentation of the Annual Report bythe President and the Treasurer’s Reportand the induction of NYCLA officers anddirectors. NYCLA officers to be inductedare: Catherine A. Christian as President,Ann B. Lesk as President Elect, James B.Kobak Jr. as Vice President, Louis Crespoas Secretary and Joel B. Harris asTreasurer.Speakers: Hon. Juanita Bing Newton,Deputy Chief Administrative Judge forJustice Initiatives, and AdministrativeJudge, Criminal Court of the City of NewYork, and John D. Feerick, Professor,Sidney C. Norris Chair of Law in PublicService, Fordham University School ofLaw, newly appointed Chair of New YorkState’s Ethics Commission and Chair ofNYCLA’s Justice Center AdvisoryBoard.

RSVP: cnaughton@nycla.org and write‘Annual Meeting’ in Subject line.(For more information and a proxy,please refer to page 8.)

CENTENNIAL CELEBRATIONEVENT: NYCLA LAW AND LITERA-TURE AWARD RECEPTIONThursday, May 316:00 PMPlace: NYCLA Home of Law – 14 VeseyStreetFREEFormer New York Times columnistAnthony Lewis will receive the NYCLALaw and Literature Award and deliver anacceptance speech.Sponsor: Law and Literature CommitteeRSVP: dlamb@nycla.org and write ‘May31 reception’ in Subject line.

JUNEMATRIMONIAL LAW SECTION’SANNUAL COCKTAIL PARTY ANDAWARDS RECEPTIONThursday, June 146:00-8:00 pmPlace: Seaman’s Institute, South StreetSeaport, 241 Water Street (Parking avail-able across the street)Honoree: Hon. Sondra Miller (ret.),Associate Justice, Appellate Division,Second Judicial Department, formerChair of the Matrimonial Commission,Director of the Office of Family Services,and Judge-in-Residence, Pace LawSchool, Chief Counsel to McCarthyFingar, White Plains, NYTickets: Members (as of June 6, 2007) -$75; Nonmembers - $125Reception Co-Chairs: Charlotte C. Leeand Rita W. WarnerJoin the Matrimonial Part judges andother guests for a cocktail party andawards reception.RSVP (by June 6): Ms. Lee, 212-732-3366or clee@charlottelee.com or Ms. Warner,rwarner@cobwarner.com. Please makechecks payable to the NYCLAMatrimonial Law Section and mail to:Charlotte C. Lee, Esq., 277 Broadway,Suite 100, New York, NY 10007-2001.

by Katharine L. Wells

NYCLA members enjoy discounts toBroadway shows throughOnStageSavings.com. Three musicalsare currently being offered.

The story of Radio Golf could be takenfrom today’s headlines. It centers on thecharacter of Harmond Wilks, a successfuland charming entrepreneur who cam-paigns to become the first black mayor ofPittsburgh. With the loving support of hissavvy wife, Mame, Wilks rises to politicalprominence just as his past begins to catchup to him. Radio Golf is the final play ofAugust Wilson’s critically acclaimed ten-play cycle chronicling African-Americanlife in the 20th century. Radio Golf is a rareopportunity to see this celebrated writer’slast play on Broadway, produced by anaward-winning cast and creative team.Tickets are available for only $42.50.

Mamma Mia!, a show incorporating thesongs of the musical group ABBA, has moreproductions playing internationally than anyother musical. Set on a Greek island, it tellsthe story of a daughter’s quest to find herfather on the eve of her wedding.Three men

from her mother’s past return to the par-adise they last visited 20 years ago. MammaMia! is known for its dancing-in-the-aislesfun and is set to become a movie starringPierce Brosnan and Meryl Streep. NYCLAmembers can save 20 percent on Wednesdayand Thursday performances.

Hairspray welcomes you to the ‘60s, atime of big hair and big changes. It’s 1962 inBaltimore when we meet Tracy Turnblad, abig girl with even bigger dreams. She wins aspot on the local TV dance program andbecomes a celebrity overnight. But can thisformer outsider set trends in fashion anddance, integrate a television show, unseat theprogram’s reigning princess and win a heart-throb’s affection? Have fun finding out!

For more information or to purchasetickets, log on to NYCLA’s members-onlywebsite. Under benefits, go to “Leisure andRetail Discounts” and scroll down toOnStageSavings.com. For assistance, pleasecontact Katharine Wells atkwells@nycla.org or 212-267-6646, ext. 209.

Ms. Wells is the New York CountyLawyers’ Association’s MembershipProgram Assistant.

Volunteers needed for Pro BonoUncontested Divorce Project

Training: Thursday, June 21, 6:00-9:00 PM

In keeping with NYCLA’s mission to provide “free legal services for the indigent, low-income and other persons in need,” the Pro Bono Department is recruiting volunteers forits pro bono Uncontested Divorce Project. Volunteers will receive training on how to ini-tiate and handle an uncontested divorce – from the initial interview, to preparing and filingthe summons and complaint, to following through to judgment. Upon completion of thetraining, volunteers will be added to a referral list and notified via email when a request isreceived from an individual in need of representation.

Mentors will be available to give advice on procedural and substantive questions thatmay arise.

Volunteers must be NYCLA members in order to participate and are obligated tohandle at least one uncontested divorce case.

If you are interested in participating in the training on June 21, please email Lois Davis,Director of Pro Bono Programs, at ldavis@nycla.org.

SPACE IS LIMITED, SO RESERVE A SPACE EARLY.

MEMBER BENEFIT: J & R MUSIC WORLDNYCLA members are eligible for a discount at J&R Music World. Prices are determined on anitem-by-item basis and based on a percentage over J&R’s cost, not a discount off J&R’s pub-lished price.The minimum order necessary to be eligible for the discount is $100. Pre-recordedaudio and video and Bose products are not part of this program. Please log on to NYCLA’swebsite for the steps to follow to take advantage of the NYCLA discount. Orders can be placedover the phone and picked up at the Corporate Sales office. (Please call David Merav at 212-238-9080 or 800-221-3191 about picking up your order.) You may view a complete selection ofJ&R products online before you place your order by logging on to: www.jandr.com.

NYCLA MEMBERS SAVE OVER 30 PERCENT ON WOMEN’S BASKETBALL

Sunday, June 3 - 4:00 PMNew York Liberty vs. Phoenix Mercury

Tickets are $19.50 (regularly $29.50). Seats are limitedand available on a first-come, first-served basis. Makechecks payable to NYCLA or pay by credit card. Sendpayment and a self-addressed, stamped envelope to:NYCLA, NY Liberty, 14 Vesey Street, New York, NY10007. Tickets can be picked up at NYCLA (betweenChurch Street and Broadway). Please call first to assure that tickets are available.

You can view a seating chart of Madison Square Garden online. NYCLA seats are inthe corners of the 100 level.

Order tickets from Katharine at kwells@nycla.org or 212-267-6646, ext. 209.

BROADWAY DISCOUNTS

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

MEMBER PROFILE

Name: Eugene B. NathansonResidence: New York CityStatus: Solo PractitionerAdmitted to the Bar: 1978Education: Boston College, J.D.

NYCLA Member since 1991

What brought you to NYCLA?I became a member of NYCLA while I was workingat the New York City Law Department and veteransthere had recommended that I use NYCLA’s Library instead of our own to con-duct research in peace and quiet. Even now, although I have research capabilitiesavailable on my desktop, the NYCLA Library is both a refuge and a trove oftreatises, records on appeal and computer resources.The Library turned out to beespecially useful when, while researching a habeas corpus petition based on anobscure point, I was directed to NYCLA’s basement and discovered casereporters from the turn of the 19th century. Moreover, discussing practical andpolicy issues that I come across during my work (or that I’ve never thoughtabout), when they are brought up at committee meetings, is fun and helpful, andcan be rewarding when the result has a positive effect on the real world.

What do you enjoy most about practicing law?Criminal and civil rights litigation, which I have been doing for nearly 30 years,has always been interesting and challenging, and more and more challenging asthe times and courts have changed. That work is varied enough, but now myclients have also led me to other practice areas – copyright, personal injury, com-mercial and construction litigation, and more. Every case is different. There isalways a new story to tell, a new problem to solve, new law to learn and, some-times, to make. As for what I enjoy the most, it is too soon to tell.

MEMBER PROFILE

Name: Malvina NathansonResidence: New York CityStatus: Solo PractitionerAdmitted to the Bar: 1965Education: Columbia Law School, J.D.

NYCLA Member since 1991

What brought you to NYCLA?When I entered private practice, I wanted access to alaw library and I wanted to continue participating in barassociation committee work. I had belonged to the City Bar, but NYCLA wascloser to my office. Although my choice of bar associations was based on conve-nience, I came to appreciate NYCLA for its tradition of inclusion — I loved the ideathat it was open to all attorneys from its very inception. I also appreciate theAssociation’s “user-friendly” policies — it’s possible to join any committee withoutbeing screened and approved. Finally, NYCLA is conscious of the needs of small-firm and sole practitioners, as well as those of big firms and institutional offices.

What do you enjoy most about practicing law?These days, not as much as when I began at The Legal Aid Society CriminalAppeals Bureau in 1966. Those times were the heyday of the Warren Court. Theconstitutional rights of defendants were being recognized and expanded: right tocounsel in felony and then misdemeanor cases, right to jury trial for charges car-rying six months or more imprisonment, the exclusionary rule, expanded rightsfor juveniles, the identification cases, Miranda warnings, right to sum up, hos-pitable federal courts for claims that state courts violated federal constitutionalrights. Then the “law and order” proponents gained influence and for too manyyears there has been a retrenchment of these rights. Now I find it almost impos-sible to win a criminal appeal or post-conviction proceeding and this is very dis-couraging. (I suppose prosecutors view this course of events quite differently!)It also seems to me that lawyers were more civil to each other than they are thesedays. But it is still satisfying to do one’s best for a client and earn the client’s trustand thanks even when the case does not turn out as hoped.

The New York State Unified CourtSystem is offering one-year LegalFellowships to recent law school gradu-ates interested in pursuing a legalcareer in public service. Legal Fellowswill be assigned to work in judicialoffices, assisting with legal research andwriting. These assignments will offervaluable professional legal experienceto new attorneys while also exposingthem to judicial decision making andcourt operations. Fellowship opportuni-

ties will be available throughout thestate.Applicants must anticipate gradu-ation from law school by August 2008or have graduated no more than threeyears prior to May 2008.

The Legal Fellows Program is coor-dinated by the Workforce DiversityOffice. For more information, callAlice M. Chapman-Minutello at 212-428-2540 or email her atachapman@courts.state.ny.us.

Legal Fellows Program at NYS Unified Court System

by Katharine L. Wells

Instituted in 1993, NYCLA’s annual“Lunch with a Judge” program com-memorates its 15th year this June on theheels of the Association’s CentennialAnniversary celebration. The programgives summer associates from New Yorklaw firms the unique opportunity toattend panel discussions with state andfederal judges in a relaxed atmosphereand enjoy lunch at the Home of Law.Past panel members have included Hon.Denise Cote, Hon. Ira Gammerman,Hon. Debra James, Hon. Loretta A.Preska, Hon. Jed Rakoff, Hon.Jacqueline W. Silbermann, Hon. SidneyH. Stein and Hon. Robert J.Ward.

The 2007 “Lunch with a Judge” pro-gram, to be held each Wednesdaythroughout the month of June, ischaired by Hon. Juanita Bing Newton,New York State Deputy AdministrativeJudge for Justice Initiatives, andAdministrative Judge for the CriminalCourt of New York City, with the assis-tance of Jeffrey Kimmel, Co-Chair ofNYCLA’s Young Lawyers’ Section.Prior programs were chaired by Hon.Robert Lippmann, now retired, ActingJustice of the New York SupremeCourt. A complete description of themonth-long program is below.

“The Road Not Taken”June 6 – Career PathsHon. Paul Crotty, United StatesDistrict JudgeHon. Fern Fisher,Administrative Judge,Civil Court of the City of New York

How To Avoid Reading About YourDisbarment in the New York LawJournalJune 13 – Ethical Issues for YoungLawyersHon. Barbara Jones, United StatesDistrict JudgeHon. George Daniels, United StatesDistrict Judge

Law and the Real Order – T.V.Fiction vs. RealityJune 20 – Appropriate CourtroomBehaviorHon. Harold Baer Jr., United StatesDistrict JudgeHon. Bernard Fried, New York StateSupreme CourtHon. Sheila Abdus-Salaam, NewYork State Supreme Court

To Ask or Not to Ask, What is theRight Question?June 27 – Cross Examining a WitnessHon. Denny Chin, United StatesDistrict JudgeHon. Stephen Crane, AppellateDivision, Second Department

For more information about thisyear’s program, please contactKatharine Wells at kwells@nycla.orgor 212-267-6646, ext. 209.

Ms. Wells is the New York CountyLawyers’ Association’s MembershipProgram Assistant.

NYCLA hosts 15th annual“Lunch with a Judge” Program

M a y 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 5

This year’s Law Day theme is sup-posed to be “Liberty Under Law:Empowering Youth, AssuringDemocracy.” Despite the possibilitiesthose stirring words invite, that “offi-cial” theme must defer to a morecompelling subject: New York’s judi-cial salaries (or, more accurately,their erosion through inflation andneglect).

The statistics and figures are nowso well known that no informedlawyer in this state needs promptingfor the details. New York’s judicialsalaries rank 38th among all thestates, despite our higher costs ofliving. Eight years have passed sincethe last adjustment. First-year associ-ates in law firms command a greaterstarting salary than the judges of ourhighest trial court. No other group ofpublic servants is restrained as judgesare by judicial ethics, from retaliationwhen subjected to this sort of treat-ment which, with the passage ofyears, has surpassed the threshold ofpain. The case for an increase is socompelling that no logical argumentcan refute it.

Our Chief Judge, Judith Kaye, hasdecried these facts with the epithets“disgraceful, shabby, and infuriating.”They are an understatement. It isworse. The reason it is worse startswith the fact that the question of payraises no longer begins with thewords “whether” or “why.” We arebeyond that. We need to use another“W” word, as in “What is going on?”The one-word response is “politics,”but that is no answer. It is just a clue.As we follow the clue, I am going touse the word “Albany” as a collectivenoun to embrace both the executiveand the legislative branches so that Iomit neither from what I have to say.With that prelude, let us not forgetthat when the New Year started,there were promises of a crisp breezeof reform in Albany. Yet, spring hasbrought us only the stale air of back-room politics.

Judge Kaye aptly observed that“the judiciary has no seat at the bar-gaining table . . . and nothing to give,nothing to barter.” That is quite truebecause it is hard to imagine any ofour judges sitting at a bargainingtable to “give” or “barter” anythingin exchange for money. What couldthey bargain or barter? Clerks,restrooms or some piece of the courtsystem’s infrastructure? Surely, theycould not barter away some elementof fairness, impartiality or indepen-dence. Any deal like that would turnthe bench into a gallows from whichwe all would dangle. It is clear thatthere is no political “horse trading”going on in which the judiciary canfreely swap some prize foal for

money. That unremarkable observa-tion leads to more disturbing ques-tions.

It is time to probe the “politics”and expose, “What was the bargain?”But first, let’s call the issue by its realname so we can better calculate a fairexchange in this “bargain.” The issueis the judiciary, the third branch ofgovernment, the place where the“rule of law” is supposed to be therule of thumb. The judiciary and therule of law are the things that compelmoral obedience from our citizens.They do not compel moral obedienceby S.W.A.T. teams, armored cars orbattalions of police poised to strikewith night sticks. Rather, they compelobedience by respect. Albany’s indif-ference to this simple fact is a dis-grace.

The question persists, “What isgoing on?” A rational observer,unaware of whatever Albany’s secretagenda may be, could draw somerational inferences about the failureto provide judges with a pay raise.First, Albany’s decision could bemotivated by a desire to revive, aspublic policy, the notion that thebench should be reserved only forthose people who are so indepen-dently wealthy as to need no judicialsalary. In that way, New York cansurely fill the bench with “low-costservice providers” whowould dispense a mod-icum of justice at a min-imum price. Yet, I do notfor one moment thinkthat Albany has adoptedthat policy as a secretagenda to promote elitismon the bench.

Another possiblemotive for Albany’s inac-tion is to revive the prac-tice (although it was neverofficial policy) that lowjudicial salaries will,through market forces, compel judgesto satisfy their economic needs byexploiting the “opportunities” pre-sented by a judgeship. But that is anotion so repulsive as to force themost hardened cynic to forswear con-cluding that Albany has decided toreturn to the morals of the GildedAge as a means for supporting theEmpire State’s judicial system.

Discarding those two possibilitiesrequires us to return to Chief JudgeKaye’s observation about the “bar-gaining table” where the judiciary is“not present.” Well, if the answer toall of this is “politics,” then her wordsare, yet again, another understate-ment. Of course, there is a “bar-gaining table.” Of course, Albany isat that bargaining table. Of course,the judiciary is absent from the table

and there is not even an empty chairto remind others of who is missing.Even if the judiciary had a seat, it hasnothing to trade or exchange during“happy hour” at Albany’s wateringholes.

Yet, the conclusion is inescapablethat something has been the subjectof the bargain that has stagnatedjudicial pay. But neither the bench,nor the bar nor the public knowswhat that “something” is. We alldeserve to know what Albany hasconsidered to be of comparableworth to the rule of law and respectfor the judiciary. What was on theother side of this “horse trade” thatleft our judges riding the same lamegelding of stagnated pay for yetanother year?

Will the public ever know whatAlbany thought was more importantthan the judiciary? Did Albany thinkthat eight years of waiting wouldsomehow induce insensibility to theneed? Did Albany honestly believethat the thirst for fairness wouldsomehow quench itself? Did Albanythink that the bench, like victims ofspousal abuse, could absorb anotherblow in silent resignation to the stingof disrespect? Perhaps imaginingthose motives may be feckless, butone can speculate about the sort ofcomments that were made around

the “bargaining table”where two branches ofgovernment negotiatedat the expense ofanother. What wordsdid Albany whisper toexpress its disrespect soclearly evident in theresults?

When one imaginesthe bargaining sessionwhere judicial raiseswere traded away, onewonders, “What wasthe price?” With such

thoughts in mind, I submit that JudgeKaye was indeed restrained when sheused the words “disgraceful, shabby,and infuriating.” A better word mightwell have been “disgusting.”

As I rendered this Law Day mes-sage to the judges assembled in theCourthouse Rotunda on 60 CenterStreet, I added that we should notallow our disgust to steal the lastword of Law Day, especially in aplace so uplifting as our Courthouse.If we cannot look north to Albany forsome hope, then let’s look “up” in theRotunda for inspiration. But let usnever forget that it takes more thanthose images and those words to sus-tain judicial independence as thewell-laid and true cornerstone of therule of law.

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

Edwin David RobertsonNew York CountyLawyers’ Association 14 Vesey StreetNew York, NY 10007-2992. Phone: (212) 267-6646 Fax: (212) 406-9252

Edwin DavidRobertson

President

Sophia JGianacoplosExecutive Director

Lucas A. FerraraChair, Newsletter Editorial Board

Marilyn J. FloodCounsel to NYCLA

Executive Director of the NYCLA Foundation

Anita AboulafiaEditor

Director of Communications

Mather R. MartinCommunications Assistant

Shirley BrackenAdvertising Manager

Long Island Business News631-913-4262

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

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

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Photo Credits:Anita Aboulafia

Independence

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

PUBLIC POLICY DEVELOPMENTMarch 27, 2007 – NEW YORK, NY – NYCLA’s Executive Committee approves com-ments prepared by the Immigration and Nationality Law Committee on the proposed reg-ulations providing for “Adjustment of the Immigration and Nationality Benefit Applicationand Petition Fee Schedule,” published in the Federal Register, February 1, 2007.April 9, 2007 – NEW YORK, NY – NYCLA issues a report, titled “Not-For-ProfitCorporate Board Best Practices Report,” prepared by the Task Force on CorporateGovernance, recommending a series of best practices that not-for-profit boards may con-sider implementing in order to comply with the increased scrutiny of state regulators.

To read the complete text of Board reports and resolutions, statements and lettersand other public policy documents, log on to www.nycla.org and click on News &Publications, and then on the appropriate category.

French artist presents “Symphonied’Etoiles” to NYCLA

In recognition of NYCLA’s affiliate agreement with the Lille BarAssociation, a French artist from Lille, Marlène, has donated an artwork toNYCLA entitled, “Symphonie d’Etoiles” (Star Symphony). The three-panelwork – representing the past, present and future – contains the flags of allAmerican states and regions of France. The three panels also symbolize theunity of passion, love and fraternity that foster U.S. and French ties.

NYCLA FEDERAL COURTS COMMITTEE NEWSHon. William H. Pauley III speaks at

Federal Courts Committee’s April meetingOn April 26, the NYCLA Federal Courts Committee met at the downtown office of

Cozen O’Connor at 45 Broadway. The Hon. William H. Pauley III (in the middle), UnitedStates District Judge, Southern District of New York, delivered a speech as the committee’sguest speaker; his remarks were followed by a light dinner. The meeting was hosted byDavid Loh (at left), who recently joinedCozen O’Connor and works with claimsand litigation relating to internationallosses and risk, insurance coverage andtransportation issues. Also pictured isThomas V. Marino (far right),Committee Chair. The Committeethanks Cozen O’Conner for providing awonderful meeting place.

Manage Your Relationships with Clients, Judges and Opposing Counsel, So That They Don’t Manage You!

An analytical and practical approach to anticipate, be prepared for, handle andavoid conflicts with other players in the legal profession. Discussion of problemsthat attorneys routinely face (including the “unexpected” curve balls) and sug-gested resolutions. Attendance is limited to 20.

May 15 – 6:00 PM - Speakers: Clyde Eisman and Doron Zanani

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

May 22 – 6:00 PM - Speaker: Jeffrey M. Kimmel

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

May 29 – 6:00 PM - Speaker: Jeffrey M. Kimmel

What Every Lawyer Needs To Know About the Part 137 Fee Dispute Resolution Program

Your rights and responsibilities when your client disputes your fees and the lawrequires that you arbitrate.

June 5 – 6:00 PM - Speaker: Martin L. Feinberg

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

NAMEEMAILPHONENUMBER YEARS ADMITTED TO BAR

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

On May 8, Richard Klass spoke on KeepingYour Firm’s Finances as part of the Practiceof Law Series.

This spring, we are pleased to welcomea distinguished roster of speakers to theCLE Institute, who will offer their exper-tise and guidance on a number of fasci-nating topics. On two Tuesdays, May 15and 22, from 6:00-9:00 PM, Hon. Kevin P.Castel, U.S. District Court, SouthernDistrict of New York, and Joel M.Silverstein will co-chair the program,Winning Cases in Federal Court. Animpressive panel of experts will join themin exploring the latest developments infederal court practice and presenting thetactics and techniques that have provensuccessful. Fee: $145 members; $170 non-members. On Monday, May 21, Hon.Richard C. Wesley, U.S. Court of Appeals,Second Circuit, Laura R. Johnson,Assistant Solicitor General, NYS Officeof the Attorney General, and Jay WeinerSr., Principal Law Clerk, Appellate

Division, Second Department, will joinmembers of the bar to discuss practicalprinciples for Protecting and Preservingthe Record for Appellate Review. Theywill show trial lawyers and other non-appellate practitioners how to master afew simple principles that will make cre-ating a record for appellate review easyand natural in every case. Fee: $125 mem-bers; $165, non-members.

Real estate practitioners can mark theircalendars for two special programs. OnThursday, May 17, from 9:00 AM-12:00 PM,the CLE Institute is co-sponsoring a programwith the Community Housing ImprovementProgram (CHIP), Nonpayment Proceedings:How to Bring a Successful Case and Get theRent Owed. A panel of experts will discussthe required steps owners must take to sue atenant for nonpayment of rent in New YorkCity Housing Court.The fee for NYCLA and

CHIP members is $75;$100 for non-membersand $35 for non-attorneys. First AmericanTitle Insurance Company of New York willunderwrite a program, Community-BasedCooperative and Condominium Conversion,taking place on Wednesday, May 23.Registration and a networking reception willbe from 5:30-6:00 PM, followed by a programfrom 6:00-9:00 PM featuring speakers fromthe Investment Protection Bureau, NYSAttorney General’s Office, among others.Fee: NYCLA members and public sectorattorneys, $25; non-members $40.

Other programs of interest include PublicContracting and Labor Law, designed toreview the basics and explain possible varia-tions and the implications in actual practicewhen contracting for public projects. Thisprogram will be held on Wednesday, May 30.And on Monday, June 4, a panel of expertswill raise the extensive and thought-pro-

voking issues concerning how to protect priv-ileges in the digital age of E-Discovery, aswell as offer practical solutions on how bank-ruptcy attorneys can best protect their clientsat a program entitled, Bankruptcy Cases andE-Discovery: How to Adequately AddressE-Discovery While Protecting Privileges.Both programs will take place from 6:00-9:00PM. Fee: $125 members; $165 non-members.Furthermore, the CLE Institute is pleased towelcome back Martin E. Latz, who willreprise his ever popular course, Gain theEdge! Negotiation Strategies for Lawyers,on Friday, June 8 from 9:00 AM-5:00 PM.Theseminar is designed to help attorneysdevelop the strategic mindset that is at theheart of successful negotiations. Fee: $195members; $245 non-members.

A Message from the CLE Director, Bari Chase

The Listing for CLE Programs forMay and June is on Page 14

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

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In March, NYCLA and the Justice Resource Center(JRC) presented the second in a series of all-daytraining seminars on the NYC Youth Law Manual to40 New York City high school teachers who teach law-related curricula. Opening remarks were made by:John D. Feerick, Chair of NYCLA’s Justice Center, andDean Emeritus, Fordham Law School; Edwin DavidRobertson, NYCLA President; Hon. Richard LeePrice, Chair of NYCLA’s Law-Related EducationCommittee; and Debra Lesser, Executive Director,JRC. Workshops were presented by NYCLA membersin several areas: civil rights, hate crimes, consumerrights in the age of the Internet, immigration law andthe criminal justice system as it relates to young people.

Teacher evaluation forms submitted at the conclu-sion of the seminar described the workshops as“thought-provoking and informative,” enabling theteachers to “gain information and strategies for waysto teach my law classes.”

A third program on Friday, June 1 taking place atPace University’s lower Manhattan campus will bringtogether 200 young people in law-related educationclasses in the public high schools and their teachers.

Teacher training seminar on NYC Youth Law Manual

It was incredibly heartening to see firsthandthe interest level and excitement of the

scores of educators who came out for thetraining seminar and a real honor to be

involved in such a critically important project.Ivan J. Dominguez, Chair, LGBT Issues

Committee, and presenter of a workshop,Hate Crimes in New York City

Darin Wizenberg,Member, Criminal JusticeSection, and presenter ofa workshop, YoungPeople and the CriminalJustice System

Educating today’s youth about the lawand engaging them to think about howit affects them in so many ways canhelp prevent their repeating the mis-takes and causing the hardships thathave resulted from current legislation.Eugene Glicksman, Co-Chair,Immigration and NationalityCommittee, and presenter of a work-shop, Immigration Issues ConfrontingNew Yorkers

Larry Carbone

Trying to cover so many topics with clarity was a real challenge,which I think the writers succeeded in doing.Marcia Goffin, Co-Chair, Women’s Rights Committee, and plenarypanelist

Opening remarks were made by (from left to right):Edwin David Robertson, NYCLA President; Hon.Richard Lee Price, Chair, NYCLA’s Law-RelatedEducation Committee; Debra Lesser, ExecutiveDirector, Justice Resource Center; and John D. Feerick,Chair, NYCLA’s Justice Center.

Uniquely, lawyers and teachersare positioned to influence dis-course and behavior in civilsociety. In a climate of zero tol-erance that fosters arrests ofelementary school children, thisseminar was enormously impor-tant and timely. For studentsand teachers, the NYCLA YouthLaw Manual is a user-friendly,practical resource.Collin Bull, Chair, Civil RightsCommittee, and plenary panelist

All too often, our youth are notprovided with such essentialinformation because no time oreffort is taken to make it trulyaccessible. Indeed, providing abasic knowledge of everydayapplication of the law in acoherent fashion - and in a formthat youth can more readilyappreciate – are invaluable. Iapplaud the NYC Youth LawManual and the dedicatedteachers whose enthusiastic par-ticipation in NYCLA’s law-related education training semi-nars has been key to the program’s success.Brian Rauer, Chair, Cyberspace Law Committee, andpresenter of a workshop, Consumer Rights in the Ageof the Internet

NYCLA members are invited to the finalconcert of the 42nd season of Musiciansfrom Marlboro, held in the Grace RaineyRogers Auditorium at the MetropolitanMuseum on Friday, May 11 at 8:00 PM.Tickets under this offer are $25 (regu-larly $40) and include free admission tothe Museum. You are also invited to afree wine and cheese reception with theartists after the concert, to be held at theGoethe Institute at 1014 Fifth Avenue(across from the Met). To take advantage

of this discounted ticket offer, pleasecontact Julia Lin at 212-581-5197, ext.12or jlin@marlboromusic.org and provideyour NYCLA ID number.

Friday, May 11 at 8:00 PMMozart - Piano Trio in G Major, K. 496Shostakovich - Quartet No. 8Dvoøák - Piano Quartet in E flat Major

Musicians from Marlboro

Notice of Annual Meeting on Thursday, May 24 at 5:30 PM at

NYCLA Home of Law

Annual Report of the PresidentTreasurer’s Report

Election of Officers and DirectorsOn January 29, 2007, the following were nominated as officers and directors by the Committeeon Nominations.

Nomination of Officers:President Catherine A. Christian President Elect Ann B. LeskVice President James B. Kobak Jr.Secretary Louis Crespo Treasurer Joel B. Harris

Board of Directors:

Class of 2008: Hon. Marcy S. Friedman

Class of 2010: Stewart D. AaronRhea Kemble DignamGail DonoghueThomas G. Draper Jr.David M. GrunblattVilia B. HayesMariana HoganStacey J. RappaportHon. George Bundy SmithLewis F. Tesser

Committee on Nominations:

Class of 2010: Hon. Stephen G. CraneLouis CrespoStephen D. HoffmanAnn B. LeskMichael Miller

Printed below is a proxy for your use if you cannot attend the Annual Meeting. Please mail or fax yourcompleted proxy to Ruth Zipper (fax: 212-406-9252) prior to the Annual meeting on May 24, 2007.

PROXYFor Annual Meeting of Members of the

NEW YORK COUNTY LAWYERS’ ASSOCIATION To Be Held May 24, 2007

Know all people by these presents: That the undersigned Member of New York CountyLawyers’ Association hereby constitutes and appoints Edwin David Robertson, Catherine A.Christian and Ann B. Lesk, or any of them, proxies of the undersigned, with full power of sub-stitution to each, for, and in the name, place and stead of the undersigned, to attend the AnnualMeeting of Members of the New York County Lawyers’ Association, to be held at the NYCLAHome of Law on May 24, 2007 at 5:30 PM and any adjournment or adjournments thereof; andthereat to vote upon all matters that may properly come before said meeting as fully and withthe same effect as the undersigned might or could do if personally present at said meeting orany adjournment or adjournments thereof.

The undersigned hereby revokes any proxy or proxies heretofore given by, for or on behalf ofthe undersigned to vote at said meeting or any adjournment or adjournments thereof.

Dated:(Signature)

(Please Print Name)

Upon receipt, please mail to Ruth Zipper, New York County Lawyers’ Association, 14 Vesey Street, New York, NY 10007 or fax: 212-406-9252. Thank you.

(Provisional and law student members may not vote.)

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County Lawyer Editorial PolicyThe Editorial Board of New York County Lawyer welcomes the submission of articles bymembers of the legal community for inclusion in this publication. Submissions will be edited andmay not be returned to the writer for approval. The Editorial Board reserves the right to make thefinal decision regarding the suitability, content and form of all submissions and further reservesthe right to incorporate modifications and edits to same, without prior notice to the author or con-tributor. Materials accepted for publication are assumed to be original work product and shall notcontain, in whole or in part, any infringing content unless appropriate attribution and consentshave been secured by the author or contributor prior to submission to the Editorial Board. Unlessotherwise indicated, all views or opinions presented are solely those of the designated author(s)and do not necessarily represent those of the New York County Lawyers’ Association.Material(s) accepted for publication shall appear in print and electronic formats and shall becomethe property of the Association once posted or published and may not be reprinted or otherwiseutilized by any person or party absent the Editorial Board’s expressed written consent.

On April 12, NYCLA hostedthe New York Library Club’sAnnual Spring Event.Professor James F. Simon,Martin Professor of Law andDean Emeritus at New YorkLaw School, gave a presenta-tion about his book, Lincolnand Chief Justice Taney:Slavery, Secession, and thePresident’s War Powers(2006), followed by a question-and-answer session. His bookis a dual biography anddescription of the conflictbetween President AbrahamLincoln and Chief JusticeRoger B. Taney concerning thefuture of slavery and presiden-tial power. Professor Simonexplained how Lincoln andTaney’s personal and political

NYCLA hosts NY Library Club Spring Event

histories influenced their beliefs about theConstitutional rights of the individual andthe states, stressing the importance of JusticeTaney’s majority opinion in the 1857 DredScott decision and Lincoln’s suspension ofhabeus corpus during the Civil War.

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

Family Court and Child Welfare Committee’sNanette Dembitz LectureNYCLA’s Family Court and Child Welfare Committee presented a pro-gram, “The Nanette Dembitz Lecture - Changing the Terms: A Look atJuvenile Detention,” on April 17 at the Home of Law. Children’s rightsadvocates discussed the current state of juvenile justice and the statu-tory and policy changes needed to create a preeminent system forNew York State’s youth. Participants were (from left to right): MishiFaruqee, Director, Juvenile Justice Project, Correctional Association ofNew York; Keon Jones, participant in the Juvenile Justice Project; Hon.Louise Gruner Gans, Chair of the Family Court and Child WelfareCommittee, who presented welcoming remarks; Margo Hirsch,Executive Director, Empire State Coalition of Youth and FamilyServices, and Event Chair; Dr. Delores Jones-Brown, John Jay College;Mie Lewis, Staff Attorney and Aryeh Neier, Fellow, ACLU Women’sRights Project; and Nancy Rosenbloom, Director of the SpecialLitigation Unit, The Legal Aid Society, Juvenile Rights Division, andEvent Moderator.

Civil Rights, Cyberspace Law and Municipal AffairsCommittees and Criminal Justice Section sponsorpublic forumNYCLA’s Civil Rights, Cyberspace Law and Municipal Affairs Committeesand Criminal Justice Section presented a public forum, “Caught onCamera: Security Concerns vs. Privacy Rights, “ on April 25. Edwin DavidRobertson (first on the left), NYCLA President, gave introductoryremarks. Hon. Alan Gerson (third from left), City Council Member,District 1, co-sponsored the event and discussed his plan to conducthearings in the summer focusing on the security and privacy concernsrelated to the use of video surveillance in New York City. In addition toCouncil Member Gerson, forum participants were (from left to right):Sandra Endo, Political Reporter for New York 1 News, who served asmoderator; Heather Mac Donald, Senior Fellow, Manhattan Institute,and Contributing Editor, City Journal; Norman Siegel, former executivedirector of the New York Civil Liberties Union, and Chair of theMunicipal Affairs Committee; Brian Rauer, Chair of the Cyberspace LawCommittee (who invited forum attendees to join the Committee); andAnthony L. Soudatt, Vice Chair of the Cyberspace Law Committee.

Women in Law - Strategies for Success SeriesOn April 26, NYCLA’s Women in Law - Strategies for Success Seriesand the Financial Women’s Association jointly hosted the CLE pro-gram “So You Got That Referral, Now Keep It: How to Keep theClient Coming Back to You for More.” Panelists included (from leftto right): Susan L. Harper, Esq., Co-Chair of the Women in LawSeries and Moderator, Baritz & Colman LLP; Deborah Kaye,Managing Counsel, The Bank of New York; Beth Dorfman, AssociateGeneral Counsel, Bank of America; Nancy Gardner, Executive VicePresident and General Counsel, Americas, Reuters Ltd.; and GhillaineA. Reid, Director, Business and Commercial Litigation, Gibbons PC.

P A S T E V E N T S

Federal Courts and Appellate Courts Committeesand Criminal Justice Section sponsor public forumNYCLA’s Federal Courts and Appellate Courts Committees and CriminalJustice Section presented a public forum, “Federal Court Review ofState Criminal Convictions - Proposed Changes,” on March 29 at theHome of Law. There was a discussion among four panelists, who repre-sented the prosecution, defense and judiciary, about the importance offederal habeas corpus and measures the U.S. Congress and the Courtshave taken to curtail its use. The panelists were (from left to right):Robert Dean, Co-Chair, Appellate Courts Committee; Morrie Kleinbart,ADA appellate attorney; Elliot Wales, Chair of the New York State BarAssociation’s (NYSBA) Appellate Courts Committee; moderator, Hon.Lois Bloom, Magistrate Judge, Eastern District of New York; andNorman L. Reimer, Executive Director of the National Association ofCriminal Defense Lawyers, and Immediate Past President of NYCLA. Theforum was also sponsored by NYSBA’s Appellate Courts Committee.

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NYCLA has achieved many notable successes in the almost 100 years since its founding in 1908. It is a leader in every facet of the profession from pioneering continuing legal education to issuing reports calling for reform of the courts to advocating civil rights for minorities,women and other groups whose opportunities have been limited by legal and social barriers.The highlights below provide a glimpse of the contributions NYCLA has made and continues to make to the profession and the public.

2006—NYCLA establishes a Special Committee on Diversity in the Legal Profession,chaired by Hon. Juanita Bing Newton, to improve diversity and promote equalopportunity.2005—NYCLA adopts a resolution calling for a right to counsel for all residential tenants in Housing Court who cannot afford legal representation. 2004—NYCLA’s report calling for the videotaping of all custodial interrogations of criminal suspects is adopted by the American Bar Association as an important measureto reduce false confessions. 2003—NYCLA prevails in its lawsuit over New York State’s continuing failure toaddress the compensation rates for assigned counsel in Criminal and Family Courts,with the judge declaring the statutes setting compensation rates unconstitutional. TheLegislature then enacts the first rate increase in 18 years. 2001—NYCLA provides pro bono services to the families of the victims of the WorldTrade Center attacks despite its inability to occupy the Home of Law, located half ablock from the Trade Center, for almost two months after the attacks. 1993—NYCLA establishes a Speakers Bureau to help the public understand the legalsystem. 1989—NYCLA establishes a Summer Minority Judicial Internship Program, which provides a stipend for minority law students placed with federal and state court judges. 1972—NYCLA establishes a Committee on Women’s Rights, which spearheads changesin tax law, insurance benefits, exclusionary private clubs and matrimonial and familylaw matters. 1962—NYCLA wages a successful campaign to create a unified criminal and civil courtsystem in New York City. 1949—NYCLA sponsors a conference on civil rights in the post-World War II era. 1943—NYCLA confronts the American Bar Association over its refusal to admit blacklawyers, which leads to the opening of that Association to minority attorneys and judges. 1938—In response to the desperate need of The Legal Aid Society, NYCLA members join the Voluntary Defenders Committee. 1915—NYCLA proposes legislation to “radically revise all the laws” pertaining to theMunicipal Court. 1908--NYCLA is established with a membership policy that welcomes all lawyers,regardless of race, religion, ethnicity or gender.

by K. Jacob Ruppert, J.D.

The NYCLA Home of Law began astwo buildings on three 25x100-foot lots in1926: 12-14-16 Vesey Street.Together, thelots formed a patch of Manhattan thatwitnessed much of the history of youngNew York as its deeds passed from onenotable New Yorker to another. Manybuildings, both homes and businesses,have come and gone since HenryHudson came to town, but buried deeplybeneath their ethereal ruins are theaccrued memories of the events of anemerging Gotham that continue towhisper their secrets over the din of foot-falls above. We listen - not only in cele-bration of NYCLA’s Centennialmilestone - but to remind us of the mile-stones of others that precede the placethe Association now calls home.

OwnershipAt the time William Nelson Cromwell

purchased the property in 1926, hebought something that looked quite dif-ferent from the neo-Georgian façadehere today: two warehouse/loft-likebuildings dating back to the early 1840s.Built considerably more for function

than form, the buildings were five storieshigh with the 12 Vesey building having a25-foot frontage. Fourteen-Sixteen Veseywere part of the contiguous buildingencompassing 14, 16 and 18 Vesey thathad a 75-foot frontage. The firewallbetween 16 and 18 Vesey enabled thelatter to remain when 14 and 16 Veseywere demolished to make way forNYCLA.The façade of 18 Vesey remainsto this day, providing contemporaryurban archeologists a glimpse at what thethrice-wider original building looked likeat the time of the purchase. Furthermore,this façade makes it one of the few lowerManhattan buildings that dates as farback as the rebuilding of New York afterthe Great Fire of 1835.

Streets of 18th-century Manhattanwere loosely planned by the earlyDutch settlers, unnumbered andmuddy paths barely wide enough forpassing carriages. Many properties atthe time were described by their looksor in feet using popular referencepoints. An early newspaper advertise-ment listed a home for sale that was“next to the house in which CorneliusRoosevelt, deceased, lived, oppositethe tea water pump.” Vesey Street was

no exception – a street named after theReverend William Vesey (1674-1746),the first rector of Trinity Church andthe first to offer a catechism to Negroand Native American slaves.

The Hosack Years to 1836According to the 1823 tax lists, one of

the earliest recorded owners of one ofthree Vesey Street lots was HenryMcFarlan, then a director of the FultonFire Insurance Company, who owned the12 Vesey Street building thatstood where the eastern thirdof the Association’s presentbuilding now stands.Early his-tory of 14 Vesey reaches backas far as 1834, when it was theprivate home of Dr. DavidHosack (1769-1835). Hosackwas a leading physician of hisday and an eminent botanistand mineralogist. He was con-sidered one of New York’sfirst citizens influential insocial and civic affairs, as well as in his pro-fession. He was a founder of the New-York Historical Society, AmericanAcademy of Fine Arts and BellevueHospital. Early in his career in New York,he was a professor at King’s College (laterColumbia University), convenientlylocated on Murray Street, which likelynecessitated a neighborhood residence on

Vesey Street.Dr. Hosack was the son of a New York

wine merchant who had come to Americato serve under Lord Jeffery Amherst in theFrench and Indian War. He attendedColumbia and Princeton, receiving a bach-elor’s degree from the latter in 1789. Hestudied medicine in New York andPhiladelphia and later studied medicineand botany in the United Kingdom, ulti-mately becoming, successively,professor ofbotany and material medica at Columbia

College, professor of thetheory and practice of physicsat the College of Physiciansand Surgeons and president ofthe short-lived RutgersMedical College, of which hewas co-founder. He was alsothe founder and first presidentof the New York HorticulturalSociety, America’s first horti-cultural society.

Most notably, Hosack wasclose friends with both

Aaron Burr Jr. and Alexander Hamilton.As such, he served as the surgeon inattendance at their 1804 duel, treating themortally wounded Hamilton. He was oneof Hamilton’s pallbearers (but not beforesubmitting his bill of $50). Three yearslater, after Burr was tried for treason andacquitted, Hosack lent him cash to go

M a y 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 11

14 Vesey Street: Genealogy of an Address

The Minorities and the LawCommittee launched the SummerMinority Judicial Internship Programin 1989. Created by NYCLA Boardmember and former president, Hon.Harold Baer Jr., then Justice,Supreme Court, New York County,and his wife, Dr. SuzanneBaer, the program offerspaid internships with fed-eral and state judges tolaw students of color.

On September 22,1998, the Minorities andthe Law Committee helda successful, standing-room-only receptionattended by luminariesfrom the bench and bar.We honored two com-mittee members – JudgeHarold Baer Jr., U.S. District Court,Southern District of New York, andhis wife, Dr. Suzanne Baer – for theirdemonstrated commitment to diver-sity in the legal profession as foundersof the Summer Minority JudicialInternship Program. We also hosted abook signing with Ellis Cose, anAfrican-American award-winningjournalist, who read from his recentlypublished novel, The Best Defense. Inaddition, many of the law studentsand judges who had participated inthe internship program over the pastnine years were also in attendance.

Two guest speakers gave inspira-tional talks about their personal tri-

umphs and struggles – Hon. RobertJohnson, Bronx District Attorney,and, at the time, the first African-American District Attorney in thehistory of New York State, introducedMr. Cose, and Hon. Sonia Sotomayor,then Judge, U.S. District Court,

Southern District of NewYork, also spoke.

Editor’s Note: In 2005, Mr.Johnson became thelongest-serving DistrictAttorney in Bronx historyand he continues to serve inthat position. JudgeSotomayor is currently ajudge in the U.S. Court ofAppeals, Second Circuit.And Mr. Cose is still awriter; his most recent book

is Killing Affirmative Action: WouldEnding It Really Result in a Better,More Perfect, Union (2006), pub-lished by the Institute for Justice andJournalism at the University ofSouthern California’s AnnenbergSchool for Communication. JudgeBaer will once again be recognized byNYCLA for his outstanding commit-ment and judicial service. On May 11,he will receive the Capozzoli GavelAward at the Association’s annualLaw Day Luncheon. Finally,NYCLA’s Summer Minority JudicialInternship Program is thriving; it hasserved more than 150 law students ofcolor since its inception.

Remembrance of Things PastIn recognition of NYCLA’s Centennial Celebration, members areinvited to share their memorable NYCLA experiences. Catherine A.Christian, who assumes NYCLA’s presidency on May 24, reminiscesabout an event presented by the Minorities and the Law Committee in1998, when she was its chair.

Catherine Christian

Part 1

See 14 VESEY STREET, Page 13

Dr. David Hosack

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

by Mather R. Martin

Bronx County Supreme CourtJustice Richard Lee Price’s experi-ence in the field of education is almostas prolific as his 42-year career in thelaw. Serving as chair of NYCLA’sLaw-Related Education (LRE)Committee, a position he has held for24 years, Justice Price recentlyoversaw public education events forthis year’s Law Day 2007, which tookplace during Law Week, the first weekof May.Along with the New York CityBar Association, the LRE Committeeprovided speakers to New York Cityhigh schools for this year’s Law Day.Its national theme: Liberty UnderLaw: Empowering Youth, AssuringDemocracy, relates to the AmericanBar Association presidential initia-tive: Youth at Risk.

By bringing speakers to New YorkCity high schools, the LRECommittee provided young peoplewith the knowledge and tools neces-sary to make their voices heard withinour democracy. Justice Price notedthat the ultimate goal was to educatethe public about our legal system andhelp reduce the staggering numbers of

our nation’s youth at risk.This year has already proven to be

an active one for Justice Price and hiscommittee. NYCLA and the JusticeResource Center have had two one-day training programs; the latest inMarch launched the publication ofNYCLA’s NYC Youth Law Manual,bringing together 40 New York Cityhigh school teachers who instruct onlaw-related subject matter. TheManual is the centerpiece ofNYCLA’s Youth Law EducationProject, an undertaking spearheadedby Justice Price.

Under Justice Price’s leadership,the LRE Committee and its subcom-mittees have been responsible for sev-eral other inventive and enlighteningprojects and events in recent months,including an essay contest, classroomvisits and a public forum.

This year’s third annual NYC HighSchool Essay Contest asked studentsto write on the subject, “What are thepros and cons of permitting students tobring cell phones to school?”Hundreds of students entered the con-test and the top four essayists willreceive cash prizes at an awards cere-mony at NYCLA on May 22. TheLawyer in the Classroom programallowed for several visits in Novemberand December 2006 to Justice Price’sBronx courtroom, where attendeesranged from fourth graders and highschool students to undergraduates andparents. Several other members of theLRE Committee paid visits this winterto various campuses throughout NewYork County, including elementaryschools and art institutes. Additionally,the LRE Committee co-sponsored apublic forum in March, “ViolenceAgainst Children – Child Traffickingand Sexual Exploitation,” with

NYCLA’s Women’s RightsCommittee and the New YorkWomen’s Bar Association’s Children’sRights Committee.

Justice Price has demonstrated thecrossover between his roles as ateacher and judge throughout hiscareer. He has presided over civil andcriminal trials for 25 years. Duringthe same time period, Justice Pricehas participated in the New YorkState Bar Association’s StatewideMock Trial Competition, the MurryBergtraum Evening Adult School’sLaw for the Layperson Program,Continuing Education for SmallClaims Arbitrators and the HostingStudents in the Courtroom educationprogram.

A 1964 graduate of New York LawSchool, Justice Price was admitted tothe bars of New York State, the U.S.Supreme Court, Second CircuitCourt of Appeals, U.S. District Courtfor the Southern and EasternDistricts and U.S. Customs Court (ofinternational trade).

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

Hon. Richard Lee Price and the Law-Related Education Committee

Hon. Richard Lee Price and a high schoolteacher peruse the NYC Youth Law Manual.

M a y 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 13

LIBRARY NOTES

To make suggestions about book pur-chases, please contact Library DirectorNuchine Nobari by email atnnobari@nycla.org or by phone at 212-267-6646, ext. 201.

FEATURED INTERNET SITELION(www.nycourts.gov/lawlibraries/lion/index.shtml). A service of the Unified CourtSystem, this index provides the fiche cardnumbers needed to access the NYCLALibrary’s collection of Appellate Divisionrecords and briefs on microfiche. Eachrecord and brief fiche is assigned a seven-digit number, with the first number indi-cating the department and the second twonumbers indicating the year of the case.Thefinal four numbers are assigned based onthe order in which the cases were argued ina given year. The LION index can besearched by plaintiff or defendant keyword,the official Appellate Division Reports cita-tion, case number or the date of decision.Database coverage begins with 1984.

FEATURED TITLENew York Judge Reviews and CourtDirectory, published annually by JamesPublishing, Inc.,has listings for over 500 jus-tices, acting justices, county and city judges,some judicial hearing officers, and federaldistrict court and bankruptcy court judges.Biographical information categoriesinclude: appointment/election, honors andmemberships, admission to the bar, educa-tion, recent and/or notable decisions anddate of birth. Where personal informationis provided, it may include date of birth,religion, marital status, interests and hob-bies. The unique feature of New YorkJudge Reviews is the critical commentarythat has been written by attorneys aboutthe judges. These reviews are provided forapproximately 82 percent of the judgeslisted in the profiles section. Categorieshere include:Temperament/Demeanor, Onthe Bench, On Trial; Settlements,Adjournments/Continuances, Proclivitiesand Suggestions. The profiles on eachjudge are derived from the commentsobtained from five to eight attorneys. Theyhave been chosen randomly and have noaffiliation with the publisher.

NEW EDITIONSEmployment Law Yearbook 2007 (PLI).Legal Malpractice, 2007 Edition(Thomson West).

NEW UPDATESAmerican Law of Product Liability, 3rdedition(Thomson West). Dec. 2006 supple-ment.Attorneys’ Dictionary of Medicine(LexisNexis). Feb. 2007 release.Civil Actions Against State and LocalGovernment (Thomson West). Spring 2007cumulative supplement.Cross-Examination Science andTechniques (LexisNexis). 2007 supple-ment.Entertainment Law, 2nd edition(Thomson West). Nov. 2006 update.Federal Civil Rights Act 3rd edition

(Thomson West). Feb. 2007 supplement.Handling Consumer Credit Cases, 3rdedition (Thomson West). 2007 supplement.Handling Drug and Narcotic Cases(Thomson West). 2007 cumulative sup-plement.Legal Opinion Letters Formbook, 2ndedition (Aspen). 2007 cumulative supple-ment.Manual on Employment Discriminationand Civil Rights Actions in Federal Court(Thomson West). 2007 update.Recovery of Damages for Bad Faith, 5thedition (Lawpress). Feb. 2007 cumulativesupplements.Sexual Orientation and the Law(Thomson West). Feb. 2007 update.

PERIODICALSClient Relations, GP Solo, vol. 24, no. 1(Jan./Feb. 2007).Danger on the Road, Trial, vol. 43, no. 2(Feb. 2007).Developments in the Law – The Law ofMedia, Harvard Law Review, vol. 120, no. 4(Feb. 2007).Employee Benefits & Pensions: CurrentDevelopments, The Tax Advisor (Feb.2007).Fighting Preemption, Trial, vol. 43, no. 3(Mar. 2007).Immigration News, Bender’s ImmigrationBulletin, vol. 12, no. 3 (Feb. 1, 2007).Secrets and Lies, Litigation, vol. 33, no. 2(Winter 2007).Survey: Cyberspace Law, The BusinessLawyer, vol. 62, no. 1 (Nov. 2006).Symposium, Fraud and Federalism:Overlapping Jurisdictions, OverlappingCrimes, Cardozo Law Review, vol. 28, no. 4(Feb. 2007).United States: The Fifty-Ninth Year ofAdministration of the Lanham TrademarkAct of 1946, The Trademark Reporter, vol.97, no. 1 (Jan.–Feb. 2007).

CLE PROGRAMS ATTHE NYCLA LIBRARY

NYCLA ELECTRONIC RESEARCHCENTER CLE PROGRAMS: APRILAND MAY

MAY

Monday, May 1411:00–12:00 PMGSI/LIVEDGAR: MERGERS &ACQUISITIONS1 MCLE Credit; 1 Skills;TransitionalMember: $65Non-Member: $85Non-Legal Staff: $35

Tuesday, May 1510:30–11:45 PMBLOOMBERG PROFESSIONAL1.5 MCLE Credits; 1 Skills; .5 Law PracticeManagement;TransitionalMember: FREENon-Member: FREE

Wednesday, May 16 10:00–12:30 PM

BANKRUPTCY COURT ELEC-TRONIC CASE FILING SYSTEM2.5 MCLE Credits; 2.5 Skills;TransitionalMember: $65Non-Member: $85Non-Legal Staff: $35

Wednesday, May 166:00–7:30 PMINTERNET LEGAL RESOURCES:IMMIGRATION1.5 MCLE Credits; 1.5 Skills;TransitionalMember: $65Non-Member: $85Non-Legal Staff: $35

Thursday, May 1710:00–11:00 PMWESTLAW: INTELLECTUALPROPERTY RESEARCH1 MCLE Credit; 1 Skills;

TransitionalMember: FREENon-Member: FREE

Thursday, May 176:00–7:30 PMINTERNET LEGAL RESOURCES:AN OVERVIEW1.5 MCLE Credits; 1.5 Skills;TransitionalMember: $65Non-Member: $85Non-Legal Staff: $35

Tuesday, May 2210:00–11:30 PMWESTLAW: NEW YORK MATE-RIALS RESEARCH1 MCLE Credit; 1 Skills;TransitionalMember: FREENon-Member: FREE

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

abroad in order to escape the notorietyresulting from the trial.

Later in life, Hosack rarely used his 14Vesey Street home and sold it in Januaryof 1834 for $26,437.50 to the New YorkAthenaeum, a literary organizationfounded in 1824. He was one of thefounding members of the Athenaeum,along with Henry Brevoort, JamesFenimore Cooper, William Gracie,Washington Irving and Rufus King.

The New York Athenaeum, once dearto the hearts of many well-heeled NewYorkers, had considerable cash from itssmall but wealthy membership but wasrunning at an annual deficit and neededalternative income. It was considering theVesey Street property as a permanenthome for the Athenaeum, then ten yearsold. Hosack had other residences inManhattan (actually, they belonged to histhird wife, Magdalena Coster), includingat 85 Chambers Street and in Kips Bayand probably offered a vacant 14 Vesey tothe New York Athenaeum. Athenaeummembers may have already been familiarwith the house, given that Hosack hadhosted literary and artistic salons as men-

tioned by William Cullen Bryant. TheNew York Athenaeum ultimately decidedto simply rent the property.

Next month: Part II - The Meeks,Astor and Cromwell-NYCLA Years

K. Jacob Ruppert,Esq. is the JudicialLaw Clerk to Hon.Stephen B. Beasleyof the 11th JudicialDistrict Court of theStat of Louisiana andserved as SeniorProgram Attorneyfor the New YorkCounty Lawyers’ Association’s CLEInstitute from 2001-2004. Born in NewOrleans, he comes from a deeply-rooted New York family and is anardent historian of lower Manhattanand Yorkville. His current writing pro-jects include articles on the late JusticeFred J. Cassibry of Louisiana and theforgotten estates of Point View inRumson, NJ and Linwood inRhinebeck, NY. Mr. Ruppert can bereached at jacob@jacobruppert.com.

14 Vesey StreetFrom Page 13

14 A p r i l 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r

MAY

Friday, May 118:30 - 11:00 AMBREAKFAST WITH NYCLA - VIDEOREPLAY: THE NEW ATTORNEYADVERTISING RULES: ETHICALRAMIFICATIONS OF THE NEWRULES ON THE PRACTICE OF LAWIN NEW YORK3 MCLE Credits: 3 Ethics;Non-TransitionalEarly Registration (on or before 5/9)Member: $95 Non-Member: $120Registration Fee (5/10 - 5/11)Member: $120 Non-Member: $145

Tuesday, May 156:00 - 9:00 PMWINNING CASES IN FEDERALCOURT (TWO-PART COURSE)6 MCLE Credits: 1 Ethics; 5 Skills;Transitional and Non-TransitionalEarly Registration (on or before 5/13)Member: $145Non-Member: $170Registration Fee (5/14 - 5/15)Member: $185Non-Member: $210

Thursday, May 179:00 AM - 12:00 PMNONPAYMENT PROCEEDINGS:HOW TO BRING A SUCCESSFULCASE AND GET THE RENT OWED3 MCLE Credits: 3 Skills; Transitionaland Non-TransitionalRegistration Fee:Attorneys (with 3 MCLE credits):

NYCLA and CHIP Members*: $75Non-Member: $100*CHIP members call 212-267-6646, ext.215 to register and receive member dis-count.

Monday, May 216:00 - 9:00 PMPROTECTING AND PRESERVINGTHE RECORD FOR APPELLATEREVIEW3 MCLE Credits: 3 Skills; Transitionaland Non-TransitionalEarly Registration (on or before 5/19)Member: $125 Non-Member: $165Registration Fee (5/20 - 5/21)Member: $150 Non-Member: $190

Wednesday, May 235:30 - 9:00 PMCOMMUNITY-BASEDCOOPERATIVE ANDCONDOMINIUM CONVERSIONS3 MCLE Credits: 1.5 Skills; 1.5Professional Practice; Transitional andNon-TransitionalRegistration Fee:NYCLA Members and Public SectorAttorneys*: $25Non-Members: $40* Public Sector attorneys call 212-267-6646, ext. 215 to receive discount.

Wednesday, May 306:00 - 9:00 PMPUBLIC CONTRACTING ANDLABOR LAW3 MCLE Credits: .5 Ethics; 1 Skills; 1.5Professional Practice; Transitional andNon-Transitional

Early Registration (on or before 5/28)Member: $125 Non-Member: $165Registration Fee (5/29 - 5/30)Member: $150 Non-Member: $190

JUNE

Monday, June 46:00 - 9:00 PMBANKRUPTCY CASES AND E-DISCOVERY: HOW TOADEQUATELY ADDRESS E-DISCOVERY WHILE PROTECTINGPRIVILEGES3 MCLE Credits: 1.5 Ethics; 1.5 Skills;Transitional and Non-TransitionalEarly Registration (on or before 6/2)Member: $125 Non-Member: $165Registration Fee (6/3 - 6/4)Member: $150 Non-Member: $190

Friday, June 89:00 AM - 5:00 PMGAIN THE EDGE! NEGOTIATIONSTRATEGIES FOR LAWYERS7 MCLE Credits: 1.5 Ethics; 5.5 Skills;Transitional and Non-TransitionalEarly Registration (on or before 6/6)Member: $195 Non-Member: $245Registration Fee (6/7 - 6/8)Member: $220 Non-Member: $270

Monday, June 11 & June 186:00 - 9:00 PMHANDLING EMPLOYMENTDISCRIMINATION CASES (TWO-PART COURSE)6 MCLE Credits: 2 Ethics; 2 Skills; 2Professional Practice; Transitional andNon-TransitionalEarly Registration (on or before 6/9)Member: $145 Non-Member: $185Registration Fee (6/10 - 6/11)Member: $170 Non-Member: $210Tuesday, June 12

6:00 - 9:00 PMTERRORISM AND THE PATRIOTACT – NSA LETTERS, GOINGPOSTAL! OUR CONSTITUTIONALRIGHTS UNDER SIEGE3 MCLE Credits: 3 ProfessionalPractice; Transitional and Non-TransitionalEarly Registration (on or before 6/10)Member: $125 Non-Member: $165Registration Fee (6/11 - 6/12)Member: $150 Non-Member: $190

Tuesday, June 198:30 -11:00 AMBREAKFAST WITH NYCLA -VIDEO REPLAY: ETHICALBOUNDS OF AGGRESSIVELITIGATION - 2007 UPDATE3 MCLE Credits: 3 Ethics; Non-TransitionalEarly Registration (on or before 6/17)Member: $95 Non-Member: $120Registration Fee (6/18 - 6/19)Member: $120 Non-Member: $145

Wednesday, June 275:30 - 8:30 PMVIDEO REPLAY: ANATOMY OF ADEPOSITION3 MCLE Credits: 3 Skills; Non-TransitionalEarly Registration (on or before 6/25)Member: $95 Non-Member: $120Registration Fee (6/26 - 6/27)Member: $120 Non-Member: $145

Please Note: Transitional courses areappropriate for newly admitted attor-neys. Non-transitional courses are notacceptable for newly admitted attor-neys. Transitional and non-transitionalcourses are appropriate for both newlyadmitted attorneys and experiencedattorneys.

From Page 7

CLE PROGRAMS IN MAY AND JUNE

degrees and numerous otherawards, including the ConstanceBaker Motley Award from theAssociation of Black WestchesterLawyers, which was presented toher by Judge Motley.

NYCLA Board of DirectorsThe outgoing members of NYCLA’sBoard of Directors are: Kathy HirataChin, Sylvia Fung Chin, Hon.Stephen G. Crane, Hon. Margaret J.

Finerty, Bruce A. Green, Robert A.Jacobs, M. Barry Levy, MartinMinkowitz and Susan J. Walsh. Theincoming directors are: Stewart D.Aaron, Rhea Kemble Dignam, GailDonoghue, Thomas G. Draper Jr.,Hon. Marcy S. Friedman, David M.Grunblatt, Vilia B. Hayes, MarianaHogan, Stacey J. Rappaport, Hon.George Bundy Smith and Lewis F.Tesser. (The June issue of New YorkCounty Lawyer will contain informa-tion about the newly appointed offi-cers and directors.)

From Page 1

Counsel and Executive Director ofthe NYCLA Foundation, served aseditor in chief.

The Manual’s cover was designedby Ron Gilmore, a 10th-grade studentat the High School of GraphicCommunication Art in Manhattan.Graphic design teacher Jim Petrillioffered his class the opportunity todesign the cover as a final exam pro-ject; more than a dozen students sub-mitted designs. Mr. Gilmore will be

recognized by his principal, JerodResnick, and NYCLA for his award-winning design.

The NYCLA Foundation acknowl-edges with gratitude the generousfunding for the Youth Law EducationProject provided by the J. AronCharitable Foundation, Con Edison,Commission to Promote PublicConfidence in Judicial Elections, NewYork Women’s Bar AssociationFoundation, Inc., and The New YorkCommunity Trust.

NYC Youth Law Manual

NYCLA Annual Meeting

From Page 1

AD

by Mather R. Martin

Fine Art & Designer Crafts on BleeckerSunday, May 2011:00 AM - 6:30 PM Bleecker Street between Bank andChristopher StreetsFreeContact Natasha Harsh: 718-855-8175

Fine Art & Designer Crafts on Bleeckeris a five-block, 150-artist open-air gallery,where designers, artists and artisans comefrom all around the country to sell their cre-ations in New York City. The exhibit allowspatrons to discuss the creative process withthe artists and view craft demos while beingexposed to both functional and collectibleart with styles and techniques ranging fromtraditional to modern.This event is the 12thannual fundraiser for the GreenwichVillage Youth Council.

Program Afloat: The Port of New YorkSunday, May 271:00 PMSouth Street Seaport MuseumTickets may be picked up at 12 Fulton Streetor at the Visitors Center on Pier 16.

Adults $30; students & seniors $25; children $20; members $5 discountReservations recommended; 212-748-8786

This Memorial Day weekend outing is aperfect way to celebrate Fleet Week in NewYork City. Visitors can explore New Yorkharbor aboard the Museum’s 1885schooner, the Pioneer, examine harbor usethroughout history and learn why the Portof New York was critical to the city’s devel-opment as a commercial center. Guests arealso invited to participate in traditionalschooner activities such as raising sail, knottying and chart reading.

Trial By Laughter Tuesday, May 29 and Tuesday, June 267:00 PM353 West 14th Street (East of 9th Avenue)212-524-2500$15

Hosted by Moody McCarthy, Trial ByLaughter is a monthly show that puts theaudience in the jury box to decide whotakes the cake among the finest new talenton New York’s stand-up comedy scene.Each show features seven “defendants”

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by David B. Collier, Esq.

Last month, we examined the nature ofdifferent data types and their importance tobusiness owners under the new FederalRules of Civil Procedure. The Federal Rulesplace a duty on businesses to properly pro-tect documents and electronic data relevantto litigation. Fulfilling that duty entails cer-tain expenses that should be included in abusiness’s decision-making process. Goodpreparation and a few simple steps can pre-vent long-term anguish and unnecessaryexpenses.

This is the second in a two-part articleabout the development of sound businesspractices for clients to follow in order toreduce their risks. The first recommendationwas to know the data back-up system, thesecond and third recommendations follow.

2. Have a set of document retention poli-cies – Any business, whether an independentcontractor or a major pharmaceutical com-pany, generates documents and electronicrecords. The time to organize these records isnot after litigation has started. Companiesneed to develop a policy setting out what formthe records take, how they are categorized andorganized, how long they are retained andwho is responsible for maintaining and even-tually destroying them. This is called a “docu-ment lifecycle” and the procedures defining itare called “Document ManagementProcedures.” If a business is sued and there-after deletes records that may be relevant to

the suit, it not only looks bad and runs the riskof damaging the business, but it could alsoexpose the business to liability. By having aregular procedure that includes a destructionphase, a business can keep its records orderlyand current and give itself an appearance ofefficiency. How long a document must beretained depends on the document. Forexample, some businesses have a 30-dayretention limit for email messages and auto-matically delete them from the server afterone month. However, financial documents forpublic companies have a five-year retentionrequirement under the Sarbanes-Oxley Act.Under the Internal Revenue Code, most doc-uments relating to taxes must be retained forten years. Some documents, such as stocks orbonds, must be kept indefinitely. Business-specific decisions in consultation with a lawyerare critical to prevent liability. (It is also wiseto have the person responsible for managingthe documents be someone other than theperson managing the information technologysystems, because those departments fre-quently have conflicting goals.)

3. Be able to pull the brake – As soon as acompany “reasonably anticipates” litigation, ithas an obligation to cease the destructionprocess for records that may be relevant to thesuit. This is called a “Litigation Hold” andimplementing a hold is mandatory in any liti-gation. A business may not have to lock downevery record generated in the company, but itwill have to be able to protect those recordsand operations related to the suit. Until the

extent of its preservation obligation is estab-lished through discovery requests, businessesneed to be over-inclusive in their protection ifthey are to avoid liability. A business cannotdestroy or overwrite its computer back-uptapes from the point of a litigation hold for-ward, including tapes in existence on the dateof the litigation hold for dates prior to the lit-igation hold. If there is an email retentionpolicy that deletes emails older than a certaindate, the deletion must be suspendedincluding sent items, calendar records, tasks,notes, contacts and drafts; alternatively, thoseitems can be archived to preserve them.Though all employees may not have poten-tially relevant records, at a minimum thesemeasures must be taken with respect to thekey people involved in activities that gave riseto the suit. (See Part 1 of this article in theApril issue.) If the business has a computermaintenance or support contract thatrefreshes hardware - either “virtually” by reg-ularly re-installing the software (known as re-imaging) or literally, by physically swappingout old computers and replacing them withnew ones - those procedures must be changedso that data are preserved. Among theoptions are suspending the re-imaging or pre-serving and storing the data-containing equip-ment being replaced. If the business usesre-writable media such as floppy disks, DATtapes, CD-RW, DVD-RW, thumb drives or anyother form, it needs to stop re-using themedia. A court’s determination about spolia-tion of evidence liability is related to how rea-

sonable the business’s efforts were to protectthe data. If the opposing side can show a spe-cial need, a court may require that they begiven access even to deleted data. Do not leta client provide reason to find a special needby deleting data after the litigation hold isissued. As observed previously, recoverabledata are the most expensive forms of produc-tion and have the least predictable results.

ConclusionThere are many adages that apply to the

best practices for your business under thenew electronic discovery rules – “an ounce ofprevention is worth a pound of cure”; “fore-warned is forearmed”; “for want of a nail thekingdom was lost”; or “a stitch in time savesnine.” They all say the same thing - be pre-pared. The best protection we can give abusiness client against potential liability inelectronic discovery is good preparation. Ata minimum, the client must 1) know his orher system; 2) have a plan in place; and 3) beable to react quickly when needed.

Mr. Collier is a member of the New YorkCounty Lawyers’ Association’sConstruction Law Committee and holdsdegrees in business administration andinformation technology. He has taught sys-tems engineering and is a member of theInstitute of Electrical and ElectronicsEngineers (IEEE). Mr. Collier practiceswith Garcia & Milas, in New Haven, CT(www.garciamilas.com). He can be reachedat DCollier@GarciaMilas.com.

M a y 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 15

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Events in lower Manhattan and beyondSee EVENTS, Page 17

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

AD

The Legal Dimension to the Holocaust June 11-1510:00 AM - 4:30 PM dailyMuseum of Jewish Heritage—A Living Memorial to theHolocaust36 Battery Place, Battery Park City$450. Financial aid available, upon application, for attor-neys (pursuant to CLE rules if necessary), academics, students and othersRegistration deadline: May 31Contact Shiri Sandler: 646-437-4309

“The Legal Dimension to the Holocaust” is a five-daycourse featuring Professor Harry Reicher of the Universityof Pennsylvania Law School. The workshop is designed forpracticing attorneys, law faculty and students, and foranyone else interested in delving into the legal dimensionsof the Holocaust and its lasting ramifications.

Professor Reicher examines the Nazi philosophy of

law, based on their ideology of racism, and follows up withan investigation into the legal solutions and future safe-guards that were shaped by international law during thedecline of the Nazi regime. One underlying theme of theprogram focuses on the various fundamental lessons forconstitutional democracies in the 21st Century.

This course will incorporate the Museum’s exhibitions,which include a study of the Museum’s artifacts and a pre-sentation of archival, documentary and feature film footage,in addition to a guest lecture by Museum Director David G.Marwell, Ph.D., about his experience as Chief ofInvestigative Research with the U.S. Department of Justice.

The cost of the program is $450 and financial aid is avail-able upon application for attorneys (pursuant to CLE rules, ifnecessary), academics, students and others. Pre-registration isrequired and the registration deadline is Thursday,May 31.Atpress time, CLE credit approval is pending. Upon approval,attendees will earn 30 CLE Ethics and Professionalismcredits. For participation in one-day segments, 6.5 CLEcredits will be awarded.

Ms. Martin is the Communications Assistant at theNew York County Lawyers’ Association.

M a y 2 0 0 7 / N e w Y o r k C o u n t y L a w y e r 17

DIRECTIONS TO NYCLANYCLA is located at 14 Vesey Street between Broadway andChurch, across the street from St. Paul’s Chapel and aroundthe corner from City Hall.By Subway: 2 and 3 to Park Place; A, C and E to Cham-bers Street; 4, 5 and M to Fulton Street.By Bus: M103 to City Hall; M1 and M6 to Fulton Street

SUBSTANCE ABUSE HOTLINE

Attorneys, judges, law students and members of theirimmediate families can get confidential help with al-cohol or substance-abuse problems 24 hours a day,seven days a week, by calling the toll-free hotline 800-255-0569.

Events in lower Manhattan and beyondFrom Page 15

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