COUNTY LAWYER NEW YORK - nycla.org · PDF filewill honor Hon. Norman Goodman, County Clerk and...

By Jennifer Ni Wang

On Friday, April 24, NYCLA’s SupremeCourt Committee will host its annual LawDay Luncheon at Cipriani Wall Street, 55Wall Street, beginning at 11:30 AM.Committee Co-Chairs Morrell Berkowitz andThomas Smith have announced that this year,the Louis J. Capozzoli Gavel Award will bepresented to the Commercial Division of theSupreme Court of New York County. Pastand present justices will be in attendance.

Presenting the Capozzoli Gavel Awardwill be Robert L. Haig, a partner at KelleyDrye & Warren LLP. In addition, a specialaward for 40 years of Distinguished Servicewill honor Hon. Norman Goodman, CountyClerk and Clerk of the Supreme Court,County of New York, to be presented byChief Judge Jonathan Lippman. SupremeCourt Committee Member Julia Herd willalso present Certificates for Distinguished

Judicial Service to judges who have servedin New York County for 25 years.

Law Day this year honors the bicentennialof the birth of America’s 16th president,Abraham Lincoln. Lincoln, widely consid-

ered America’s most influential president,was born in Kentucky on February 12, 1809.He led the country through the Civil War,ultimately preserving the Union and success-fully ending slavery. Before he became pres-ident in 1860, Lincoln was a captain in theBlack Hawk War of 1832, frontier lawyer,Illinois state legislator and congressman.Among all of his extraordinary achieve-ments, Lincoln believed his most enduringwas the Emancipation Proclamation, latercalling it both the “central act of his adminis-tration” and the “greatest event of the nine-teenth century.”

Fifty years ago, President Dwight D.Eisenhower proclaimed the nation’s firstLaw Day as a "day of national dedication tothe principle of government under law."Law Day explores the meaning of the rule oflaw, fostering public understanding of therule of law through discussion of its role ina free society.

For more information about the 2009 LawDay Luncheon, please [email protected] and write ‘Law Day’ inthe Subject line.

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

N E W Y O R K

COUNTY LAWYERWhat do these four people have in com-

mon: Vanessa Leggett, Judith Miller, JimTaricani, and Josh Wolf? They are theposter children for the Free Flow ofInformation Act. They are reporters whoseimprisonment was made possible by thelack of a clear and consistent Federal rulegoverning reporters’ privileges.

Vanessa Leggett, writing a book on anotorious murder case, served 168 days forcontempt for failing to turn over notes ofinterviews with persons connected with themurder to a Federal grand jury. JudithMiller, of course, spent 85 days in jail forrefusing to testify to a Federal grand juryinvestigating the source of the leak thatidentified Valerie Plame as a covert CIAagent. Jim Taricani, a reporter for WJARin Providence, RI, was sentenced to sixmonths’ home confinement for refusing todisclose to a Federal special prosecutor thesource who gave him a copy of an FBIvideotape showing an FBI informant brib-ing a municipal official. Finally, Josh Wolfserved 226 days in jail for contempt forfailing to comply with a subpoena issuedby a Federal grand jury seeking all footagethat he shot of protests of the G-8 meetingin San Francisco.

In February, the Free Flow ofInformation Act was introduced in theHouse of Representatives by Reps. RickBoucher (D-Va), Mike Pence (R-IN) and37 co-sponsors, and in the Senate by Sens.Arlen Specter (R-PA), Charles Schumer(D-NY), Richard Luger (R-IN) andLindsey Graham (R-SC). The bill is sub-stantially the same as one that passed theHouse of Representatives by an over-

whelming 398-21 vote in 2008. Its Senatecompanion was defeated 53-41 on a cloturevote, and President Bush had threatened toveto it if passed.

In contrast, President Obama andAttorney General Holder have bothexpressed support for the bill, so it appearsthat it has a chance for passage as thatrarest of all things in Washington: a billwith truly bipartisan support. Its enactmentwould be a first bipartisan step toward thereturn to the rule of law. It would providemuch-needed uniformity in Federal pro-ceedings, and it would acknowledge theimportance of an investigative press to pre-serving constitutional checks and balances.

The rationale for a Federal reporters’shield law was articulated by TheodoreOlson, Solicitor General in the Bushadministration, at a hearing on the bill in2006 (after he had left office):

[This issue has] important implica-tions not just for reporters and thepress, but is particularly critical to the

ability of citizens to monitor the activ-ities of, and to exercise a democraticcheck on, their government. One of themost vital functions of our free andindependent press is to function as awatchdog on behalf of the people –working to uncover stories that wouldotherwise go untold. Journalists in pur-suit of such stories often must obtaininformation from individuals who areunwilling to, or cannot, be publiclyidentified. Those journalists – oftenreporting on high-profile legal andpolitical controversies – cannot func-tion effectively without offering somemeasure of confidentiality to theirsources.The New York County Lawyers’

Association recently held a forum to dis-cuss the lack of a Federal reporters’ shieldlaw. Forty-nine states and the District ofColumbia offer various levels of protectionto journalists and their sources throughstatutes and decisional law. There is nouniform rule applicable to Federal proceed-ings, although there is a patchwork of rul-ings in various Federal jurisdictions.Consequently, Vanessa Leggett could beprotected from revealing her sources inthe state court trial of the first suspect, butcould be sentenced for contempt for refus-ing to share her interview material with aFederal grand jury investigating a secondsuspect for the same murder.

The Free Flow of Information Act doesnot grant an unqualified privilege toreporters. Instead, it contains thresholdtests establishing that there is no other rea-

I N S I D E

NANETTE DEMBITZLECTURE ON APRIL 28 EXAMINESROLE OF GUARDIANS AD LITEM

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NYCLA CELEBRATESCINCO DE MAYO

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NYCLA FEEDISPUTE PROGRAM, BY HON. GERALD LEBOVITS

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NYCLA MEMBERCHALLENGESDOE POLICY

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

Ann B. Lesk

April 2009 Visit us at www.nycla.org Volume 5 / Number 3

NYCLA Celebrates Law Day 2009 A Look at NYCLA’s Cyberspace Law Committee ........................................9Chamber Orchestra of New York Concert....................................7CLE Programs ..........................................3CLE Tech Programs .................................5Ethics Hotline .........................................12Events Calendar........................................2Give the Perfect Gift: Membershipin NYCLA ..............................................12Library Notes............................................5Library Resources...................................12Message from the Director of the CLE Institute ..................................3Message from the President .....................1Musicians from Marlboro.......................13Nanette Dembitz Lecture on April 28......2The Necessity of Civic Education..........13New York State Rules of Professional Conduct................................3NYCLA Celebrates Cinco De Mayo........2NYCLA Celebrates Law Day 2009 .........1NYCLA Fee Dispute Program .................4NYCLA Member Challenges DOE Policy...............................................4NYCLA Proposes New Committee .........3Past Events................................................8Practice of Law Series ............................11Public Policy Developments...................10Safeguarding Computer Data, Part Two ..6Substance Abuse Hotline........................13Young Lawyers’ Section’s “In-Chambers” Program.........................13

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

(See Message From The President, 2)

A LOOK AT NYCLA’SCYBERSPACE LAWCOMMITTEE, BY J. PATRICK DELINCE

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On Tuesday, April 28, NYCLA’s FamilyCourt and Child Welfare Committee willpresent the Nanette Dembitz Lecture at theHome of Law at 6:00 PM. Among the pan-elists who will discuss the lecture topic,“The Role of the Guardian Ad Litem inFamily Court Proceedings,” are CharlyneBrumskine Peay, parent advocacy attorney,Parents with Psychiatric Disabilities LegalAdvocacy Project, Urban Justice Center,and W. Brad Jarman, Esq., LMSW, agencyattorney, Administration for Children’sServices, Family Court Legal Services.

This program aims to provide attorneys,social workers and others involved in vari-ous types of Family Court litigation with acomprehensive understanding of the role ofthe guardian ad litem in these proceedings.Panelists will discuss the ethical dilemmasencountered by the practicing attorneywhen deciding when a guardian ad litemmay be appropriate, as well as the dutiesand responsibilities of the practicingguardian ad litem.

About the PanelistsMs. Brumskine Peay provides direct rep-

resentation, advocacy and training to

Family Court litigants with psychiatric dis-abilities, advocating for systemic reform ofthe child welfare system as it relates to par-ents with disabilities. Mr. Jarman litigateschild abuse and neglect proceedings onbehalf of New York City. In this capacity,he also prosecutes termination of parentalrights cases and represents the City in otherrelated Family Court proceedings.

Hon. Nanette DembitzHon. Nanette Dembitz, the niece of Hon.

Louis Dembitz Brandeis, was a FamilyCourt judge and NYCLA director in the late1980s. In memory of her trailblazing role asa staunch advocate for children’s rights andher work at NYCLA, Ms Dembitz receivedNYCLA’s William Nelson CromwellAward in 1988 and the annual NanetteDembitz Lecture series was created in 1997.

Attendees can receive CLE credit (3MCLE Credits: 1.5 Ethics, 1 Skills and .5Professional Practice; Transitional andNon-transitional); the cost is $25 for attor-neys and $10 for public sector/non-profitattorneys. The Lecture is free for non-attor-neys, who can rsvp for the event by email-ing [email protected] and writing ‘Dembitz

Lecture’ in the Subject line.Tuition assistance, available by applica-

tion, will be extended to those attorneyswho are unemployed or employed in thepublic sector and attorneys who can estab-lish financial hardship. Attorneys whomeet the criteria may be granted a credittowards the applicable course registration.Check NYCLA’s website, www.nycla

.org, for application forms and furtherinformation. Registration can also becompleted online.

The New York County Lawyers'Association has been certified by the NewYork State Continuing Legal EducationBoard as an Accredited Provider of contin-uing legal education in the State of NewYork from March 8, 2007 - March 7, 2010.

Nanette Dembitz Lecture on April 28Examines Role of Guardians Ad Litem

AprilSPECIAL EVENT: NYCLA’S LAW DAY LUNCHEONFriday, April 24 11:30 AMPlace: Cipriani Wall Street, 55 Wall Street (between William and Hanover Streets)This year’s Law Day celebrates the bicentennial of President Abraham Lincoln. Capozzoli Gavel Honoree: Commercial Division of the Supreme Court, New YorkCountySponsor: NYCLA’s Supreme Court CommitteeTickets: Patron Table: $2,500; Supporter Table: $2,100; Tickets: $175.(For more information, please refer to the article on front page.)

SPECIAL EVENT: NANETTE DEMBITZ LECTURETuesday, April 28 6:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetLecture Topic: The Role of the Guardian Ad Litem in Family Court Proceedings Speakers: Charlyne Brumskine Peay, Parent Advocacy Attorney, Parents withPsychiatric Disabilities Legal Advocacy Project, Urban Justice Center, and W. BradJarman, Esq., LMSW, agency attorney, Administration for Children’s Services,Family Court Legal ServicesSponsor: NYCLA’s Family Court and Child Welfare CommitteeFREERSVP: [email protected] and write ‘Dembitz Lecture’ in the Subject line.(For more information, please refer to the article below.)

MaySPECIAL EVENT: NYCLA’S ANNUAL MEETINGThursday, May 28 5:30 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREEA presentation of the President’s Annual Report (and the Treasurer’s Report) and theinduction of NYCLA officers and directors. (More information will appear in the May newspaper.)

April 2009 / The New York County Lawyer2

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

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

To Advertise in

New York County Lawyer

Call

(866) 867-9121

Job PostingsThere are two sections of NYCLA’s Members-Only website that contains Job Postings.

1. Log on to www.nycla.org and click on Jobs in the Members-Only section.Recent Job Listings Include: -Chief court counsel-Associate of preeminent AV-rated plaintiffs’ side employment law firm -White-collar crime policy director of National Lawyers Association -Executive director of community-based not-for-profit agency-Staff attorney for community legal services agency-Flex-time attorney for small, busy downtown law firm

2. Click on Benefits in the Members-Only section and scroll down and click onJobs, where you will find LegalStaff.com. NYCLA is the first New York-areaassociation to provide online local and national job listings, linked directly on itswebsite through LegalStaff.com. Its Career Center also has a resource centerwith articles, strategies and helpful tips for job seekers.

April 2009 / The New York County Lawyer 3

NEW YORK COUNTY LAWYER

Ann B. LeskPresident

Sophia J GianacoplosExecutive Director

Mariana HoganChair, Newsletter Editorial Board

Marilyn J. FloodCounsel to NYCLA

Executive Director of the NYCLA Foundation

Anita AboulafiaEditor

Director of Communications

Jennifer Ni WangCommunications Assistant

Photo Credits:

Anita AboulafiaJennifer Ni Wang

Rick Kopstein

New York County Lawyer is publishedmonthly (except January and August)for $10 per year by New York CountyLawyers’ Association, 14 Vesey Street,New York, NY 10007. Periodicalspostage paid is mailed at New York,NY and additional mailing offices.POSTMASTER: Send address changesto: New York County Lawyer, 14Vesey Street, New York, NY 10007-2992.

USPS #022-995ISSN: 1558-5786

$10.00 of membership dues is deductedfor a one-year subscription to the NewYork County Lawyer.

Copyright © 2009 New YorkCounty Lawyers’ Association. Allrights reserved. New York CountyLawyers’ Association grants per-mission for articles and other mate-rial herein or portions thereof to bereproduced and distributed for edu-cational or professional usethrough direct contact with clients,prospective clients, professionalcolleagues and students providedthat such use shall not involve anymatter for which payment (otherthan legal fees or tuition) is madeand provided further that all repro-ductions include the name of theauthor of the article, the copyrightnotice(s) included in the originalpublication, and a notice indicatingthe name and date of theAssociation publication fromwhich the reprint is made.Subscription rate: $10.00 per yearfor non-members

New York County Lawyer is published by

Long Islander Newspapers under the auspices of

the New York County Lawyers’Association. For advertising

information, call 631-427-7000. Mailing address: 149 Main Street,

Huntington, NY 11743.

This spring, the CLE Institute is focus-ing on helping attorneys gain the trainingthey need –whether they are newly admit-ted attorneys or seasoned professionals.On April 6, NYCLA’s CLE Institute wel-comes back Theodore Blumberg andHerald Fahringer, Fahringer & Dubno, toreprise their popular program, The Art ofWritten Persuasion. Learn how to honeyour legal writing skills by thinking,speaking and writing prose that is clear,concise and direct. And attorneys repre-senting both tenants and landlords will notwant to miss the Tuesday morning, April28 program co-sponsored with theCommunity Housing ImprovementProgram, Inc. (CHIP), Settling Cases Inand Out of Housing Court. Hear both thetenant and owner’s point of view on suchissues as: how to reach an out-of-court set-tlement (payout schedule); settling thecase in court; and dealing with illegal sub-lets, holdovers, tenants’ claims regardingrepairs and other hot-button issues. We arealso reprising the popular program,Forming the New York LimitedLiability Company on Thursday, April30 from 6:00-9:00 PM. Gain insights intothe formation and operation of LLCs, aswell as current tax issues.

This month’s offering from NYCLA’sEthics Institute is Corporate Counsel’sGuide to the New Disciplinary Rules, aprogram specifically designed for corpo-rate counsel, attorneys who represent busi-nesses and those who advise them. Learnhow the provisions of the new Rules ofProfessional Conduct for New York attor-neys that became effective April 1, 2009will affect the way corporate counsel ful-fill their professional responsibilities andadvise their businesses. The expert panelincludes: Bruce A. Green, Louis SteinProfessor at Fordham Law School, whodirects the Louis Stein Center for Law andEthics; James B. Kobak Jr., partner,Hughes Hubbard & Reed, chair of thefirm’s Antitrust Practice Group and

Practice Standards Committee and presi-dent-elect of NYCLA; Philip H.Schaeffer, senior partner in White andCase's litigation department and generalcounsel to the firm; Michael H. Stone,adjunct professor of law at Cardozo LawSchool (teaching ethics for the businessattorney) with over 20 years in variouspositions at Morgan Stanley Dean WitterDiscover; and Lewis F. Tesser, seniorpartner, Tesser, Ryan & Rochman, LLP, afirm that concentrates in domestic andinternational business law, professionalpractices, discipline and litigation.

Attorneys interested in improving theirknowledge of criminal law and expandingtheir practice cannot afford to miss theCriminal Trial Advocacy Institute:Criminal Defense, Learning the Basicson Thursday and Friday, April 23 and 24.This two-full-day program is co-spon-sored by the New York Supreme Court,Appellate Division, First JudicialDepartment, and chaired by Hon. AngelaM. Mazzarelli. An unparalleled panelfrom the bench and bar will discuss suchtopics as: commencement of the case; suf-ficiency of a complaint; ethics for thecriminal defense attorney; developing thetheory of the case; cross-examination of apolice officer at a hearing; everything youwanted to know about pleas; collateralconsequences: beyond immigration; pre-serving the record; 4th and 5th standing.This program will satisfy the MCLErequirements for first- and/or second-yearattorneys.

Please note: Tuition assistance is avail-able for qualified attorneys for live pro-grams offered by the CLE Institute.Check our website at www.nycla.org formore information and how to apply fortuition assistance. Check our website forcourse details, faculty, complete programdescriptions and pricing.

CLEFriday, April 3 and Saturday, April 49:00 AM – 5:00 PMBRIDGE THE GAP 1 - A PROGRAMFOR THE NEWLY ADMITTEDATTORNEY16 MCLE Credits: 3 Ethics; 2 LawPractice Management; 5 ProfessionalPractice; 6 Skills; Transitional and Non-TransitionalFull Program: (on or before 4/2)Member: $255 Non-Member: $355Full Program: (4/3 – 4/4)Member: $280 Non-Member: $380Single Session:Member: $175 Non-Member: $275

Monday, April 6 6:00 – 9:00 PMTHE ART OF WRITTENPERSUASION3 MCLE Credits: 3 Skills; Transitionaland Non-TransitionalEarly Registration Fee:(on or before 4/4)

Member: $125 Non-Member: $175Registration Fee: (4/5 – 4/6)Member: $150 Non-Member: $200

Tuesday, April 14 8:30 - 10:30 AMBREAKFAST WITH NYCLA: VIDEOREPLAY--HOW TO PROTECTYOUR LAW LICENSE2 MCLE Credits: 2 Ethics; Non-Transitional Early Registration Fee: (on or before 4/12)Member: $95 Non-Member: $125Registration Fee: (4/13 – 4/14)Member: $120 Non-Member: $150

Friday, April 179:00 – 11:30 AM; 12:30 – 2:30 PMVR MARATHON: DRAFTINGBASIC TESTAMENTARYDOCUMENTS & ADVANCE

MESSAGE FROM BARI CHASE, DIRECTOR OF THE CLE INSTITUTE

Spring Training At The CLE Institute

(Continued on page 10)

Access the New New York State Rules of Professional Conduct

The new New York State Rules of Professional Conduct for attorneys, which took effect on April 1, 2009, are now availablefor viewing on the Unified Court System's website.

Here is a link: www.nycourts.gov/rules/jointappellate/NY%20Rules%20of%20Prof%20Conduct_09.pdf

The New York County Lawyers’Association is seeking to ascertain thelevel of interest among members for an In-House/Outside Counsel Committee, to beco-chaired by Richard B. Friedmanof Morrison Cohen LLP. The mission ofthe Committee would be to provide aforum in which in-house lawyers, whetherlitigators or otherwise, and lawfirm lawyers, particularly those with in-house and/or governmental experience,can share information and best practices,discuss legislative, regulatory and policy

issues having an impact on the corporatecommunity with judges, public sectorlawyers and prominent law firm practi-tioners, and sponsor CLE programs.

Future discussions and activities ofthe Committee may include the following:

Practical advice for preserving the in-house attorney-client privilege in as manycircumstances as possible; Practical andstrategic considerations in dealing with e-discovery issues in federal and state courtsand in arbitrations and dialogues with fed-eral and state court judges.

If you are interested in joining what isexpected to be a very active and worth-while committee, please send a brief emailwith your background and/or curriculumvitae to Susan J. Walsh of Moskowitz,Book & Walsh, LLP at [email protected], chair of NYCLA’sCommittee on Committees. Please indi-cate if you would be interested in servingas co-chair of the Committee. NYCLAwill advise all those who express an inter-est about the Committee's status andscheduling.

NYCLA Proposes New CommitteeOn In-House/Outside Counsel


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By Hon. Gerald Lebovits

Conflicts between attorneys and theirclients harm the legal profession and thepublic. Among the organized bar’s mostdifficult yet important challenges is toresolve conflict — and to do so effective-ly, fairly and quickly. Whether the bar canrise to that challenge or succumb to itaffects not merely attorneys and clients butalso the administration of justice. Becausemany attorney-client conflicts involvefees, the bar must help solve them.

The bar received the New York Statecourt system’s strong endorsement favor-ing self-regulation of attorney-client con-flicts when the courts gave local bar asso-ciations the mandate to resolve attorney-client fee disputes. In May 2001, then-Chief Administrative Judge (and nowChief Judge) Jonathan Lippman and theAdministrative Board of the Courts prom-ulgated the statewide Fee DisputeResolution Program, codified as Part 137,Title 22, of the New York Codes, Rulesand Regulations.1 Part 137 places the adju-dication of fee disputes into the hands ofbar associations before the attorney maysue. The client elects whether to use Part137. The attorney’s participation ismandatory.

The fee-dispute program’s goal is set

out in section 137.0: to “providefor the informal and expeditiousresolution of fee disputesbetween attorneys and clientsthrough arbitration and media-tion.”

The statewide Part 137 pro-gram is modeled on the FirstJudicial Department’s well-established and once-voluntaryfee-dispute arbitration andmediation program — the JointCommittee on Fee Disputes andConciliation. The Joint Committee,administered by the New York CountyLawyers’ Association (NYCLA), is a jointproject of NYCLA, the New York CityBar Association and the Bronx County BarAssociation.

The Joint Committee encourages media-tion. When arbitration is required, the arbi-trator or panel of arbitrators will determinethe reasonableness of fees for professionalservices, including costs. The attorney hasthe burden to prove that the fee is reason-able. The arbitration award becomes finaland binding if neither party seeks a trial denovo in Civil or Supreme Court within 30days.

The new Rules of ProfessionalConduct,2 which the courts approved onDecember 16, 2008 and which become

effective on April 1, 2009,strengthen the JointCommittee’s jurisdiction. Rule1.5(f) provides that “[w]hereapplicable, a lawyer shallresolve fee disputes by arbitra-tion at the election of the clientpursuant to a fee arbitration pro-gram established by the ChiefAdministrator of the Courts andapproved by the AdministrativeBoard of Courts.” The newRules require even more than

before that every Manhattan and Bronxattorney become familiar with the JointCommittee,3 with the Joint Committee’srules and forms4 and with the statewidePart 137 rules.5 The Joint Committee mustrefer to a disciplinary or grievance com-mittee any attorney who fails, withoutgood cause, to participate in fee arbitra-tion. The Joint Committee must likewiserefer for disciplinary action an attorneywhose misconduct becomes apparent dur-ing the arbitration process.

Either the attorney or the client may ini-tiate arbitration. An attorney with a feedispute can seek arbitration or mediationby serving the Joint Committee’s noticepackage personally or by a certified mail-ing. Arbitration is mandatory for the attor-ney when the client files for arbitration.

The attorney may sue for the fee if theclient fails to file for arbitration in a time-ly manner. As a jurisdictional prerequisiteto suing over fees, attorneys must allegethat they notified their clients of their rightto participate in fee arbitration or that Part137 does not cover the dispute.

If the client consented in advance toarbitrate the fee dispute, the JointCommittee permits the attorney to file arequest for arbitration and serve it on theclient. A client’s advance consent to arbi-trate allows the attorney to compel arbitra-tion.

The Joint Committee applies Part 137 tofee disputes in which the attorney-clientrelationship began after January 1, 2002;the representation concerns a civil matter;the attorney is admitted in New York; amaterial portion of the services was ren-dered in New York or Bronx Counties orthe attorney maintains an office in thosecounties; and the amount in dispute isbetween $1,000 and $50,000, although theJoint Committee may hear disputes for lessthan $1,000 and more than $50,000 if theparties consent to arbitration.

The Joint Committee does not applyPart 137 if there are substantial legal ques-tions; if allegations of misconduct or mal-practice arise; if there are issues of dam-

NYCLA’S Fee-Dispute Program: Part 137

Hon. GerryLebovits

By Jennifer Ni Wang

Representing a five-year-old child with cere-bral palsy who lives in a non-elevator buildingand was denied porter service by the New YorkCity Department of Education (DOE), NYCLAmember Oroma Homa Mpi, a staff attorney inthe Education Law Unit of Legal Services, suc-cessfully challenged a long-established policydenying porter service to disabled students liv-ing in private housing. While the DOE hadgranted porter service for wheelchair-boundchildren living in public housing, they hadwithheld this service from parents choosing tolive in non-accessible private housing. Ms. Mpidemonstrated that her client, whose family wason a waiting list for public housing for yearsand living in an apartment obtained with thehelp of their homeless shelter, represented thedisabled children who needed porter service

but lived in private housing due to uncontrol-lable circumstances. The final decision con-cluded that the Individuals with DisabilitiesEducation Act (IDEA) implied that school dis-tricts were mandated to provide porter serviceto all students who need it.

Regarding the case, Ms. Mpi commented:“We are very pleased with the HearingOfficer’s interpretation of the federal statuteand case law governing the provision of porterservices to children with disabilities. For toolong, special education students have beendenied the assistance to which they are legallyentitled because of the DOE’s policy. Thiscase is a step toward our larger goal of creat-ing equal access to education in [New YorkCity], regardless of the student’s disability orsocio-economic background.”

Ms. Mpi, who has worked at Legal Servicessince June 2008, represents low-income chil-

dren in obtaining appropriate school-relatedservices and engages in policy work to improveeducational outcomes. She has also assisted inthe defense of students at superintendent sus-pension hearings and education neglect casesin Family Court and has participated in coali-tions dedicated to dismantling the school-to-prison pipeline. Prior to joining Legal ServicesNYC, Ms. Mpi worked in the Communications& Legislative Affairs Department of the NewYork City Bar Association.

Ms. Mpi is a member of NYCLA’sEducation Law and Minorities & the LawCommittees and the Young Lawyers’ Section.She graduated from Benjamin N. CardozoSchool of Law.

Ms. Wang is the CommunicationsAssistant at the New York County Lawyers’Association.

NYCLA Member Challenges DOE Policy And Wins In Critical Decision

Oroma H. Mpi


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To make suggestions about book pur-chases, please contact Anna Smallen orDan Jordan by email [email protected] or [email protected] by phone at 212-267-6646, ext. 204.

NEW EDITIONSSurvey of Florida Law [CD-ROM], 2009edition (The Florida Bar). The recordingscan be used to obtain Florida CLE credits.Please call the Library to reserve them.Mechanics’ Liens, 2008-2009 edition(New York State Bar Association).New York Damages Awards, 2009 edition(Thomson West).Real Estate Transactions – CommercialProperty, 2008-2009 edition (New YorkState Bar Association).Real Estate Transactions – ResidentialProperty, 2008-2009 edition (New YorkState Bar Association).Representing the Personal InjuryPlaintiff in New York, 2008-2009 edition(New York State Bar Association).Social Security Law and Practice, 2008-2009 edition (New York State BarAssociation).

NEW TITLE AND WEBSITEBankruptcy and the Supreme Court byKenneth N. Klee. Professor Klee, a partnerat Klee, Tuchin, Bogdanoff & Stern LLPand professor at the UCLA Law School,

analyzes Supreme Court bankruptcy andinsolvency cases from 1898 to 2008 andthe private papers of the Justices of theSupreme Court to find out how theSupreme Court regulates bankruptcy. Thebook gives a rationale for the Court’sreview of lower-court cases and for theway that it decides them and supplies anempirical case study as evidence. TheCourt solves problems caused by state andfederal laws concerning environment,labor, family, pension and real estate thatconflict with bankruptcy laws. TheBankruptcy Power interferes with otherrights guaranteed by the Constitution.Federal and state bankruptcy laws comeinto play and issues of preemption have tobe resolved. The author summarizes theBankruptcy Code and follows a case fromcommencement to discharge. The bookconcludes with landmark cases and someof the author’s favorites. There are tablesof cases, statutory references and adetailed index.Supreme Court Bankruptcy Cases:www.law.ucla.edu/home/apps/supreme-courtcases is a website for further study.The National Bankruptcy Archives at theUniversity of Pennsylvania will soonmake the Justices’ papers related to thebankruptcy laws available to the public inelectronic format.

NEWLY UPDATEDAttorney’s Textbook of Medicine(Thomson West). Release no. 144.Elder Law and Guardianship in NewYork (Thomson West). 2009 Release.Franchising (LexisNexis MatthewBender). Release no. 113.Law of Electronic Surveillance, 2nd edi-tion (Thomson West). Release no. 10.Lien Priorities in New York. 2nd edition(Thomson West). 2009 pocket part.Maritime Personal Injury, 5th edition(Thomson West). 2008-2009 Release.New York Civil Practice: CPLR(LexisNexis Matthew Bender). Releaseno. 131.Newberg on Class Actions, 4th edition(Thomson West). December 2008 pocketparts and survey pamphlets.Personal Injury Practice in New York(Thomson West). 2008-2009 pocket partsand CD-ROM.Trusts and Estates Practice in New York(Thomson West). 2008-2009 pocket partsand CD-ROM.

PERIODICALSEssay Collection: ClassCrits, Buffalo LawReview, vol. 56 no. 4 (December 2008).The Federal Common Law of Nations,Columbia Law Review, vol. 109 no. 1(January 2009).Is Delaware’s Corporate Law Too Big to

Fail? Brooklyn Law Review, vol. 74 no. 1(Fall 2008).Symposium: District of Columbia v.Heller, Syracuse Law Review, vol. 59 no.2 (2008).Unified Family Courts and the ModernJudiciary as a “Street-LevelBureaucracy”: To What End for the“Mythical” Role of Judges in aDemocracy? Quinnipiac Law Review, vol.27 no.1 (2009).

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



Managing Your Law School DebtUnderstanding the repayment options on your student loans and the basics of per-

sonal finance can help you maximize your educational investment. “ManagingYour Law School Debt,” an interactive presentation, focuses on money manage-ment and personal finance strategies that can help you manage repayment of yourdebt. It will include a comprehensive description of the income-based retainmentplan and the loan-forgiveness program for lawyers who serve ten years in the pub-lic sector.Tuesday, April 28 – 6:00 PMPlace: NYCLA Home of Law – 14 Vesey Street (between Church Street andBroadway)FREE to NYCLA members Speaker: Jennifer C. Trauman, account executive, Access Group, Inc.RSVP: [email protected]

Committee MembershipMembership on NYCLA Committees is open and free to all members.Committees cover every aspect of legal practice and are a great place to networkand learn in a friendly, supportive environment. To join, go to www.nycla.org,enter your member info and click on “Join a Committee.” Or call Andrew Segal212-267-6646, ext. 208.

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By Anthony L. Soudatt

Part One of my article, which appearedin the March issue of New York CountyLawyer, focused on Microsoft Windows-equipped PCs as they are deployed inmuch greater numbers and are prey to themajority of malware infections. Part Twofocuses on Spyware, Trojans and otherMalware, which comprise an assortmentof intrusive software, including worms,

viruses, adware and rootkits, alldesigned to disable or compro-mise your computer and its data.

SpywareSpyware refers to software

that monitors and logs computerinteractions and then permits anintruder to later gather thelogged data or transmit it unde-tected via email. One pervasive

type of spyware is a keylogger,which can be configured to cap-ture every keyboard key stroke,as well as screen captures, atspecified intervals. Other spy-ware will track a user’s browsinghistory on the Internet.

Keyloggers are designed to beinvisible to the casual user onceinstalled and do not show up in thestart menu or the program files

folders or even in the registry. Once installed,they are usually activated by a combinationof two or three keys. It should be noted thatnot all spyware is installed by some unknownintruder. Increasingly, parents and employersare installing keyloggers to monitor their chil-dren and employees respectively. And sincethe software captures keystrokes, those whodeploy it can easily determine logins andpasswords. Further, most keyloggers willalso record the entire communications ofboth users in popular chat programs likeYahoo, AIM and MSN Chat, even though itis not installed on the other party’s computerand therefore cannot capture their actual key-strokes.

TrojansTrojans (named after the Trojan horse)

are worms, surreptitiously installed on acomputer, which execute their instructionsat some programmed time or event orwhen initiated remotely. Trojans areintended to either use the host computer tofurther propagate itself via the Internet orgather and transmit data to its owner.Whereas keyloggers capture entire data-entry streams, Trojans are often designedto harvest selective data. For example,some Trojans will detect when a user vis-its a bank website and either capture thelogin information or redirect the browserto a spoofed site to collect the login andpassword.

Other MalwareAlthough these various kinds of mal-

ware have no visible traces, they some-times provide clues to their presence. Onesuch hint is increased and excessiveInternet traffic, particularly when yourweb browser is closed or, even if open, itis displaying a site with mostly static con-tent. Another clue is increased use ofRAM memory that is inconsistent with the

currently opened applications. When thatoccurs, you should open the task managerand note if any strange or unrecognizedprocesses are running.

You can prevent or control malwareinfections by using the appropriate soft-ware. Unfortunately there is no one com-plete anti-malware application to accom-plish that job. Different classes of malwarehave distinct signature profiles and operatequite differently, and, consequently, mostof the current anti-malware software isdesigned to detect and treat specific typesof malware.

Among the most popular and best anti-spyware programs are WebrootSpysweeper (www.webroot.com), SpywareDoctor (www.pctools.com) and SunbeltCounterspy (www.counterspy.com). Forfree applications, consider Lavasoft Ad-Aware (www.lavasoft.com) or SpybotSearch & Destroy (www.safer-network-ing.org). The software programs (men-tioned above) that you have to pay for arebetter at detecting and disinfecting the moremalicious malware out there.

Another well-rated program that excelsat malware detection and protection isMalwarebytes Anti-Malware (www.mal-warebytes.org). There is a free versionavailable but it does not provide real- timeprotection or scheduled scanning. The pro-tection it provides is well worth the pur-chase price.

Web BrowsersSince browsers are the interface that

allows you to navigate the Internet, theyare also a gateway to infection with theexecution of embedded scripts from thesites you visit. Microsoft Internet Exploreris currently the most widely used browserand is also the one most often targeted forexploits. Apart from waiting for Microsoftto implement securities enhancements asthreats arise, you can also switch to a moresecure browser, such as Opera, Mozilla’sFirefox or Google’s Chrome. You shouldalso pay attention to which scripts areallowed to run in the browser and limitscripts to those that are necessary to dis-play the page correctly.

EncryptionWhile the most dangerous threats to


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NYCLA’s Centennial Book: Brethren and Sisters of the Bar

Brethren and Sisters of the Bar: A Centennial History ofthe New York County Lawyers’ Association, written byEdwin David Robertson, NYCLA’s 54th president (2006-2007) and a partner at Cadwalader, Wickersham & TaftLLP, has been published by Fordham University Press andNYCLA. The book recounts the Association’s rich andengrossing history in its 432 pages, complete with illustra-tions. It costs $24.95 for NYCLA members and $34.95 fornonmembers. To order a copy of the book, go towww.nycla.org or purchase a copy at NYCLA’s Library.The book recounts the Association’s rich and engrossinghistory in its 432 pages, complete with illustrations. It costs$24.95 for NYCLA members; $34.95 for nonmembers.

Safeguarding Computer Data in a Viral World - Part Two


Anthony L. Soudatt

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ages; if a rule, statute or court sets the fee;if no attorney services have been renderedfor more than two years; or if the requestfor arbitration is made by a person otherthan the client or the client’s representa-tive.

NYCLA’s Part 137 program, by far thestate’s largest, is currently chaired byMichael C. Lang. Like Daniel M. Weitz,co-counsel to the Attorney-Client FeeDispute Resolution Program Board ofGovernors and the state court system’sAlternate Dispute Resolution (ADR) coor-dinator, and former Joint Committee ChairSimeon H. Baum, Mr. Lang is an adjunctlaw professor at the Cardozo School ofLaw’s Kukin Program for ConflictResolution. NYCLA’s Heidi Leibowitz isthe Part 137 program administrator. She issupervised by Lois Davis, NYCLA’sdirector of Pro Bono Programs and the for-mer Part 137 program administrator.

The statistics tell the scope of the pro-gram. The Joint Committee closed 235cases in 2008. Serving on the JointCommittee’s arbitration and mediationpanels are 148 attorneys and 35 non-attor-neys. Service is voluntary and requiresattendance at an all-day training session.At NYCLA’s most recent session, held inDecember, trainees received a comprehen-sive packet of materials and were treatedto lectures by Lela Porter Love and Lester

Brickman, two distinguished ADR profes-sors from Cardozo.

The next training program will takeplace at NYCLA in fall 2009 or winter2010. In the meantime, NYCLA is hostingtwo events as part of its Practice of Lawseries. On June 11, Martin L. Feinberg,another former Joint Committee chair, andMs. Leibowitz will speak on “What EveryLawyer Needs to Know about the Part 137Fee Dispute Resolution Program.” OnJune 25, NYCLA will offer another relat-ed program: “Litigating Your FeeDispute.”

The NYCLA-administered JointCommittee on Fee Disputes andConciliation is a working committeedesigned to resolve attorney-client conflictthrough pro bono dedication under thehighest ideals of the legal profession andthe organized bar: safeguarding client

wellbeing, assuring public welfare andpromoting the due administration of jus-tice through honest and rigorous self-regu-lation.

Judge Lebovits, a New York CountyHousing Court judge and St. John’sUniversity School of Law adjunct pro-fessor, chaired the First Department’sJoint Committee on Fee Disputes andConciliation from 1999-2001.

1 New York’s Part 137 Rules are avail-able athttp://www.nycourts.gov/admin/feedis-pute/pdfs/137.pdf. For the contours offee-dispute law and procedure, see GeraldLebovits & Michael Gervasi, Part 137:The Attorney-Client Fee-DisputeProgram, 8 Richmond County B. Ass’n J.7 (Winter 2009), available at

http://ssrn.com/abstract=1339935.2 www.nycourts.gov/rules/jointappel-

late/NY%20Rules%20of%20Prof%20Conduct.pdf. For a discussion of the Rules ofProfessional Conduct as they relate toPart 137 and retainer agreements, seeGerald Lebovits & Joseph Capasso,Pretrial Advocacy: An Ethical Checklist— Part I , 72 Queens B. Bull. 4, 13 &nn.10-13 (Feb. 2009), available athttp://ssrn.com/abstract=1348574.

3

http://nycla.org/index.cfm?section=pro_bono&page=Committee_on_Fee_Disputes_AND_Concilliation.

4

http://nycla.org/index.cfm?section=pro_bono&page=Rules_and_Forms_for_the_Arbitration_of_Fee_Disputes.

5 http://www.nycourts.gov/admin/feed-ispute.


NYCLA’S Fee-DisputeProgram: Part 137

(Continued From Page 4)

ChamberOrchestra ofNew York’s“Spring toAntiquity”Concert

NYCLA members are invited toattend the “Spring to Antiquity” con-cert on Friday, April 24 at 8:00 PM atthe Church of St. Jean Baptiste onLexington Avenue and 76th Street.Tickets under this offer are $20 (nor-mally $30).

To take advantage of the 30 per-cent discount, register as astudent/senior atwww.ticketweb.com/t3/sale/SaleEventDetail?dispatch=loadSelectionData&eventId=591294 or mail a checkto Chamber Orchestra of New York,305 East 63rd Street, Suite 4K, NewYork, NY 10065. Tickets will beheld at the door.

ProgramRespighi, Ancient Airs & DancesNo. 1Stravinsky, Pulcinella SuiteMozart, Symphony No. 40

If you have any questions, pleasecontact Salvatore Di Vittorio at 646-642-8441 or email [email protected].

On February 2, NYCLA presented its10th annual “FINRA Listens... AndSpeaks” with Katherine M. Bayer (pic-tured), director, Northeast Region,FINRA Dispute Resolution. Ms. Bayerspoke about new and proposed rules at theforum. Following her talk, she answeredquestions from the packed audience.Pictured with her is the program’s long-time moderator, Martin L. Feinberg. Theforum was sponsored by NYCLA’sArbitration & ADR Committee and co-

sponsored by its Labor Relations &Employment Law and Securities &Exchanges Committees.

On February 3, NYCLA’s Entertain-ment, Media, Intellectual Property andSports Law Section presented a publicforum, “Protecting Journalists and TheirConfidential Sources - A Matter ofPrivilege,” featuring former New YorkTimes reporter Judith Miller (third fromleft) at the NYCLA Home of Law. Thepublic forum addressed the journalists’conundrum: their responsibility to providethe public with information and, at thesame time, protect the identities of confi-dential sources versus the U.S. govern-ment’s security concerns regarding therelease of secret and top-secret informa-tion as it pursues a war on terror that waslaunched in the wake of the September 11attacks. In addition to Ms. Miller, who isnow with The Manhattan Institute, thefour other forum panelists pictured withAnn B. Lesk (far left), NYCLA president,are (from left to right): John Zucker, vicepresident, law and regulation, ABC, Inc.;

Eve Burton, vice president and generalcounsel, The Hearst Corporation; GeorgeFreeman, assistant general counsel, TheNew York Times; Joshua Kors, investiga-tive reporter, The Nation magazine;Moderator Carl Unegbu, a freelance jour-nalist and NYCLA committee member;and Olivera Medenica, co-founder ofWahab & Medenica LLC, EMIPS chairand program chair.

NYCLA’s Family Court andChild Welfare Committee meetingon January 26 featured guestspeaker Charlyne Brumskine Peay(at center), the parent advocacyattorney for the Urban JusticeCenter's Mental Health Project.Also pictured (from left to right)are Committee Co-Chairs NancyS. Thomson and Maxine AnnKetcher. The evening’s discussionfocused on the role of theGuardian Ad Litem (GAL), espe-cially in cases involving clientswith mental illnesses.

Supreme Court Committee Hosts Judicial Reception


Committee And Section Past Events

Hon. Edward R. Korman, DistrictJudge, United States District Court forthe Eastern District of New York, wasthe guest speaker at the Federal CourtsCommittee meeting hosted by theCommittee's former chair, MichaelMcNamara of Seward & Kissel LLP,on February 25. Judge Korman engagedin a lively discussion on a variety of top-

ics, including his management of the class action against Swiss banks’ Holocaust-eradeposits and his views on senior status. Pictured (from left to right) are: Mr. McNamara,Judge Korman and Gregg Kanter, committee vice chair and of counsel to FlemmingZulack Williamson Zauderer LLP.

Women’s History MonthCelebration: Edith I. Spivack Award Presentation

On February 26, NYCLA’s Supreme Court Committee hosted a Judicial Receptionrecognizing New York’s newly appointed Chief Judge Jonathan Lippman (secondfrom left) and other newly elected, appointed, re-elected and re-appointed judges ofthe Appellate Division, First Department, First Judicial District and Southern Districtof New York. Pictured with Judge Lippman are (from left to right): NYCLAPresident Ann B. Lesk and Judicial Reception Co-Chairs Howard W. Burns Jr., LawOffices of H.W. Burns, and Henry J. Kennedy, Willkie Farr & Gallagher.

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In honor of Women's History Month, NYCLA's Women's Rights Committeehosted the 12th Annual Edith I. Spivack Award Reception on March 18. The2009 Award recipients were Jessica Neuwirth (third from right) and Taina Bien-Aimé (center) of Equality Now, an international human rights organization thatworks to protect and promote the civil, political, economic and social rights ofwomen and girls across the world. Also pictured (from left to right) are: Ann B.Lesk, NYCLA president; Rita Christopher Frank and Amy Bass, daughters ofEdith Spivack; and Susan L. Harper of Baritz & Colman LLP, Committee Co-Chair and Event Chair; and Mollie E. O'Rourke of Cadwalader, Wickersham &Taft, Committee Co-Chair.

Family Court and Child WelfareCommittee Meeting Focuses on GALs

Arbitration & ADR CommitteePresents 10th Annual FINRAListens... And Speaks

EMIPS’s Forum on ProtectingJournalists’ Confidential Sources

Arbitration &ADR CommitteeMeeting

On February 23, NYCLA’s Arbitrationand Alternate Dispute Resolution (ADR)Committee played host to Simeon H.Baum (pictured at right), chair of the NewYork State Bar Association’s DisputeResolution Section, president of ResolveMediation Services, Inc. and former chairof the Committee. He discussed recentdevelopments in the field of dispute reso-lution, historical developments of ADR

with regard to NYCLA’s committee andNew York in general, and the potential forgrowth and activity for NYCLA’sArbitration and ADR Committee. Posingwith Mr. Baum is Deborah S. Zarsky,committee co-chair.

Federal Courts Committee HostsHon. Edward R. Korman


Cyberspace Law CommitteeBy J. Patrick DeLince

2010 will mark the tenth anniversary ofthe Cyberspace Law Committee – a rela-tively recent addition to the NYCLA’s ros-ter but one that has quickly grown, withnearly 130 members, and become one ofits largest committees. Originally aimed atproviding a forum for the discussion oflegal issues relating to cyberspace, theCommittee has broadened its scope tocover a spectrum of fields, such as privacy,security, biometrics, jurisdiction, onlineauctions, electronic voting, franchisingand e-contracting.

The Committee’s popularity is attributa-ble not only to the topicality of the issueson which it focuses but also to the qualityand diversity of the programs offered.Indeed, notable programs have included:“Network Neutrality: Will RegulationPreserve or Imperil the Internet?,”“Safeguarding Client and BusinessInformation in the Email Age”1 and “ThePatriot Act: Does National Security GiveRise to Unchecked Surveillance Powers?”2

– all of which garnered interest exceedingeven the organizers’ expectations.

Brian Rauer, my predecessor as chair ofthe Committee, credits the hard work ofthe Executive Committee under his stew-ardship and that of others for much of thedynamism that has characterized theCommittee’s early years.3 In fact, heinsists that its sustained activity – with theCommittee striving to organize a signifi-cant number of presentations and CLEprograms each year – is part of the secretto the Committee’s continued success andhigh membership numbers.

I echo these thoughts in large part as alongtime member of the Committee. Mycurrent goals for the Committee are to con-tinue offering cutting-edge programs ofinterest to practitioners and members ofthe public and to develop bridges withother NYCLA committees in order to offerjoint programs whenever a topic appearslikely to appeal to a broad section of theNYCLA membership. We started stronglywith a February 2008 program on electionand voting technology: “Do the 'Ayes'Have It? A Post-‘Super Tuesday’ LookAgain at Vote-Counting Technology andElection Integrity.” This program, plannedand moderated by Executive CommitteeMember Allan Pearlman, drew close to 50guests to NYCLA headquarters and wasvideotaped for public-access television. InJune 2008, the Committee hosted a publicforum that was planned and organized byExecutive Committee Member NatalieSulimani4 on alternative dispute resolu-tions of domain names, “Domain NameDisputes: You’ve Got Options,” whichdrew approximately 40 participants. She iscurrently developing programs concerningattorney web marketing.

This past fall, I sought to expand theinvolvement of more NYCLA members

on the Committee’s Executive Board. InNovember 2008, Committee By-laws wereadopted and approved in an effort to bringmore structure to the Committee andencourage new members to join. As aresult, the Executive Board currently has13 members, five of whom are officers.5The Committee is always looking for andaccepting nominees to sit on the ExecutiveCommittee. If you are interested in sub-mitting your name for consideration,please contact me for more information([email protected]). In addition, theCommittee has gladly accepted theappointment of two Honorary Student Co-Chairs from New York Law School toserve on the Committee: Jason AdamBuckweitz and Dominic Mauro.

The Committee recently introduced the“Live Blog Series” as part of the monthlyExecutive Committee meetings. The LiveBlogs are intended to be informal chatswith experts in technology. CyberspaceLaw Committee members at large are invit-ed to join the Board during these informalchats. Last November, the first guest invit-ed to the series was Professor SreeSreenivasan, dean of student affairs at theColumbia University School of Journalism,who runs the school’s new media programand who commanded an insightfulexchange on the future of technology and

the Internet. During our December 2008meeting, our live blog guest was our veryown Joseph J. Bambara, in house counsel atMedia Azure (www.azuremedia.com), whospoke on mobile devices and emerginglegal issues. During our March 2009 meet-ing, NYCLA Board Member Susan J.Walsh led a discussion on whether lawenforcement may install GPS monitoringdevices on an individual’s automobile with-out a probable cause predicate. Ms. Walshwrote the amicus brief on behalf of severalcivic groups and bar associations in Peopleof the State of New York v. Weaver, cur-rently on appeal before the New York StateCourt of Appeals.

At our February meeting, the Committeedecided to implement, in anticipation ofour anniversary, a series of programs enti-tled ‘Modern Collective Intelligence:Technology & Privacy,’ whose centraltheme will be privacy and technology.Privacy rights continue to be a primaryconcern to us as technology continues toadvance at warp speed. The Committee’slatest program, being developed andchaired by Joseph J. Bambara, will focuson social networking. Panel speakers willinclude Mr. Bambara together with BoardMembers Jarino Vanto, an attorney andauthor who has written on internationalcontracting, privacy and security issues,and Michael Wechsler, founder of the LawNetwork LLC and social network pio-neer.6 As aptly stated by Tony Soudatt,our vice chair and upcoming programmoderator, “Every time we use these tech-nologies we give away a small part of our-selves, bit by bit, there for the taking.” 7

As a committee, we are also exploringdifferent web-based platforms to commu-nicate and connect amongst our memberswhile being mindful of privacy concerns.As a result, we have decided to use Ningwhich allows—by invitation only—online

collaboration. 8Given the growing interest in technolo-

gy and the law, and with attorneys increas-ingly aware of the importance of newmedia and technology in the modern prac-tice of law, it is fair to assume that theCommittee will continue to expand andbuild on its past successes for at leastanother ten years.

Mr. DeLince. (www.delincelaw.com)is an employment and business attorneyand chair of the Cyberspace LawCommittee.

1 Allan Pearlman (www.arpearlmanlaw.com), a tax attorney, was the program chair.

2 Anthony L. Soudatt, a technology attorney,was the program chair.

3 Brian Rauer is the general counsel andexecutive director at the New York BetterBusiness Bureau(www.newyork.bbb.org).

4 Natalie Sulimani (www.sulimanilawfirm.com) is a small-business attorney focusing onInternet and trademark law.

5 The Bylaws were approved by a majorityof its longtime committee members. The cur-rent officers of the Committee are: Anthony L.Soudatt (Vice Chair), Natalie Sulimani(Secretary), Allan Pearlman (Treasurer),Michael Wechsler (Technology Officer) andJoseph J. Bambara (Membership Officer). The13-member Board also includes: Brian Rauer,Virginia Ivanova, Jonathan E. Meer, JanetSteinman, Ben Quarmby, Jarino Vanto andMichele Phelps as well as Honorary StudentCo-Chairs Dominic Mauro and JasonBuckweitz from New York Law School.

6 The Law Network, www.thelaw.cm 7 Anthony L .Soudatt, Erosion of Privacy-

Triumph of Technology over Anonymity,NYCLA Newsletter, Volume 2, Number 9, pg.8, (November 2006).

8 http://www.ning.com/

Pictured are some members of the Cyberspace Committee Executive Board (seated, from left to right): Anthony L. Soudatt, Allan Pearlmanand Michele Phelps; (standing, from left to right): Patrick DeLince, John Meer, Michael Wechsler, Jarino Vanto and Joseph Bambara.

1. Go to www.nycla.org2. Enter your Member Information:

username: (first letter of first name and complete last name)password: (your Member ID number)

3. Click on: MEMBERS ONLY - Update Your Profile

How To Update Your Profile Online

your data will likely come from your inter-actions with the Internet, there is still thepossibility that someone can gain access toyour sensitive data merely by having phys-ical access to your computer. This is espe-cially true if your computer is a notebookand you lose it.

Even if you use the Windows log on ID,your data is still at risk. Such log on IDsand passwords are easily recoverable. Amore secure solution is to set up a datafolder and encrypt it or the entire harddrive in extreme cases. The latter is unnec-

essary and could be a problem if you everforget the password. A far better solution,even if you do not wish to use encryption,is to always store your application data ina separate folder, further divided by appli-cation. Doing this makes it easier to back-up your data in one place. Should you haveto reinstall an application, you need notworry about recovering the data frommany folder locations.

TrueCrypt (www.truecrypt.org) is bothhighly recommended and free open-sourcesoftware. It provides 256-bit encryptionand can also be used to encrypt USB flashdrives. For a commercial product, consid-er PGP (www.pgp.com).

Data BackupsJust as important as protecting data from

viral infections is protecting it from lossdue to a mechanical failure of the harddrive on which data is stored. If you havea good backup strategy in place and yourcomputer becomes infected or the harddrive fails, you can reinstall the applica-tions and restore your data without fear oflosing critical information.

For the small-firm lawyer, the practicalsolutions to data backup are either onlinebackup or onsite backup to a portable harddrive, USB flash drive, or CD or DVD.The advantage of online backup is that thedata is remote and likely backed up by thestorage provider. also accessible anywhereyou have Internet access.

With onsite backup, you have the assur-ance of having the data nearby and backuptimes are considerably quicker. Also, withthe rapid and continual decline in storagecosts, onsite backups are likely to be morecost effective. Another advantage is theportability of the storage medium.Currently, 2.5-inch notebook externaldrives are becoming the standard and diskcapacity is now up to 500GB, which isenough to store an enormous amount ofdata. Even USB flash drives have becomemuch cheaper while offering greater stor-age. At current prices, a 32GB USB flashdrive can be purchased on sale for about$50. And, of course, it is also a good idea toburn critical data to a DVD, which can safe-ly store approximately 4.7GB of data and isnot as fragile as a hard drive or a flash driveand is easier transported by mail.

ConclusionWith the variety of malware available,

there is not one single best application toinoculate your computer. The best you cando is to take a multi-layered approach bylocking down as many unrestricted gate-ways as possible. Such a multi-layeredapproach has the capability to consumesignificant computer resources, primarilymemory, leaving less to run your produc-tivity applications. The best way to avoidthis scenario is to stagger the effectiveoperating time windows of the applica-tions to avoid as much overlap as possible.For example, I use at least four of the prod-ucts recommended above and they eachauto-update often, usually at least once aday. But I do not permit any two of themto run a system scan when there might bean overlap. And, while the AV softwaredetects in real time, I usually do not scanfor malware more than once a week. Iallow the firewall and AV program to bemy primary data-protection layers.

With the right combination of anti-mal-ware applications and appropriate care inwhat sites you visit and how you interactwith those sites, it is possible to keep yourdata protected and your computer systemsclear of the scary stuff.

Mr. Soudatt is a software consultantand member of NYCLA’sCommunications, Cyberspace, Library,Minorities and the Law and Solo andSmall Firm Practice Committees.

Safeguarding ComputerData - Part II(Continued From Page 6)


To Join NYCLA1. Visit www.nycla.org and click on Membership – Applications.

2. Call 212-267-6646, ext. 209 and request an application.

3. Email [email protected] and request an application.

Wednesday, April 8 12:00-1:00 PMLEXIS: SECURITIES1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, April 8 1:30-2:30 PMLEXIS: COMPANY AND FINAN-CIAL INFORMATION1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Wednesday, April 15 10:00AM-12:30PMBANKRUPTCY COURTELECTRONIC CASE FILINGSYSTEM2.5 MCLE Credits: 2.5 Skills;

TransitionalMember: $65 Non-Member: $85 Non-legal Staff: $35

Thursday, April 16 11:00AM-12:15PMBLOOMBERG PROFESSIONAL:INTRODUCTORY CLASS 1.5 MCLE Credits: 1 Skills; .5 LawPractice Management; TransitionalMember: FreeNon-Member: Free

Thursday, April 30 1:30 - 2:30 PMWESTLAW: BASIC1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

Thursday, April 30 3:00 - 4:00 PMWESTLAW: ENTERTAINMENTLAW1 MCLE Credit: 1 Skills; TransitionalMember: FreeNon-Member: Free

CLE Tech(Continued From Page 5)

DIRECTIVES 5 MCLE Credits: 1 Ethics; 2 Skills; 2Professional Practice; Non-TransitionalEarly Registration Fee: (on or before 4/15)Member: $125 Non-Member: $150Registration Fee: (4/16 – 4/17)Member: $150 Non-Member: $175

Wednesday, April 22 6:00 – 9:00 PMNYCLA ETHICS INSTITUTE:CORPORATE COUNSEL’S GUIDETO THE NEW DISCIPLINARYRULES3 MCLE Credits: 3 Ethics; Transitional

and Non-TransitionalEarly Registration Fee: (on or before 4/20)Member: $125 Non-Member: $175Registration Fee: (4/21 – 4/22)Member: $150 Non-Member: $200

Thursday, April 23 and Friday, April 24 9:00 AM – 5:00 PMCRIMINAL TRIAL ADVOCACYINSTITUTE: CRIMINAL DEFENSEPRACTICE, LEARNING THEBASICS16 MCLE Credits: 3 Ethics; 2 LawPractice Management; 6 Skills; 5Professional Practice; Transitional andNon-TransitionalEarly Registration Fee: (on or before 4/21)

Member: $150 Non-Member: $250Registration Fee: (4/22 – 4/23)Member: $175 Non-Member: $275Law Office Staff: $35

Monday, April 27 6:00 – 9:00 PM VIDEO REPLAY: HANDLING YOURFIRST APPEAL3 MCLE Credits: 1 Professional Practice;2 Skills; Non-TransitionalEarly Registration Fee: (on or before 4/25)Member: $95 Non-Member: $125Registration Fee: (4/26 – 4/27)Member: $120 Non-Member: $150

Tuesday, April 28 9:00 AM – 12:30 PMSETTLING CASES IN AND OUT OFHOUSING COURT

3.5 MCLE Credits: 2 Skills; 1.5Professional Practice; Transitional andNon-Transitional Early RegistrationFee: (on or before 4/26)Member: $75 Non-Member: $135Registration Fee: (4/27 – 4/28)Member: $100 Non-Member: $160Non-Attorney (No CLE credit): $35

Thursday, April 30 6:00 – 9:00 PMFORMING THE NEW YORKLIMITED LIABILITY COMPANY3 MCLE Credits: 1 Skills; 2 ProfessionalPractice; Transitional and Non-Transitional Early Registration Fee: (on or before 4/28)Member: $125 Non-Member: $175Registration Fee: (4/29 – 4/30)Member: $150 Non-Member: $200

Message From Bari Chase(Continued From Page 3)

Public Policy DevelopmentsMarch 9, 2009 – New York, NY – The NYCLA Board of Directors

approved the Task Force on Judicial Selection’s Supplemental Report onthe Proposed State Administrative Law Code, commenting on the NewYork State Bar Association’s Proposed Code of Conduct for StateAdministrative Law Judges.

March 9, 2009 – New York, NY – The NYCLA Board of Directorsapproved a letter sent to Hon. Rory Lancman, New York State AssemblyMember, asking that the proposed legislation to amend Judiciary LawSection 63(2) to change the number of qualified candidates for appointmentto the Court of Appeals be reconsidered.

March 16, 2009 – New York, NY – NYCLA’s Women’s RightsCommittee issued a report on the currently pending City Council ClinicAccess Bill, urging its immediate adoption and supporting the protections itoffers for those who seek services or work at reproductive health care facil-ities.

To read statements, reports, amicus briefs, letters and other docu-ments related to NYCLA’s public policy initiatives, visit www.nycla.organd click on News and Publications.


NEWLY EXPANDED - FREE PROGRAMS

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

Legal Ethics You Need to Know

April 16, 2009 - Speaker: Lewis Tesser

An inside look at the attorney disciplinary process. How to avoiddisciplinary complaints. How to respond to disciplinary complaints.Professionalism and civility - not as simple as it appears.

Manage Your Relationships with Clients, Judges

and Opposing Counsel, So That They Don't

Manage You!

June 4, 2009 - Speaker: Clyde Eisman An analytical and practical approach to anticipate, be prepared for,handle and avoid conflicts with other players in the legal profes-sion. Discussion of problems that attorneys routinely face (includ-ing the "unexpected" curveballs) and suggested resolutions.Attendance limited to 20.

What Judges Want You to Know

April 23, 2009 - Speaker: Jeffrey Kimmel

An experienced trial attorney shares his insights. Get importanttips on what judges expect during motion practice, preliminary con-ferences, pre-trial conferences, settlement conferences and thetrial. Proper courtroom etiquette and behavior will also be dis-cussed.

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Part 137 Fee Dispute Resolution Program

June 11, 2009 - Speakers: Martin L. Feinberg and Heidi Leibowitz

Your rights and responsibilities when your client disputes your feesand the law requires that you arbitrate.

Preparing a Trial Notebook

April 30, 2009 - Speaker: Jeffrey M. Kimmel

Learn the basics of preparing a trial notebook, issuing subpoenas,jury selection, opening/closing statements and direct/cross exami-nation. Evidentiary issues including in limine motions, demonstra-tive evidence and objections will be discussed.

Litigating Your Fee Dispute

June 25, 2009 - Speaker: Doron Zanani

No need to arbitrate? Go to court. Practical suggestions to recoveryour fees from former clients who refuse to pay. Covers discovery,motion practice, pretrial conferences, inquests, trial and more.Based on actual experience.

Trial Techniques for Beginners

May 7, 2009 - Speaker: Jeffrey M. Kimmel

Detailed discussions concerning trial strategy, witness preparation,jury selection, opening/closing statements and direct/cross exami-nation. Hearsay objections and other evidentiary issues will bediscussed.

Great Tips for Building a Successful Practice

July 2, 2009 - Speaker: Doron Zanani

With over 20 years of experience, Doron provides his top sugges-tions for building a successful solo and small-firm practice. Theemphasis is on specific, straightforward, no-holds barred, practicaladvice and personal insights.

Keeping Your Firm’s Finances

May 14, 2009 - Speaker: Richard Klass

Discussion of various financial matters concerning starting andrunning your law practice, including taxes, insurance, bookkeep-ing, software, time recording and office systems.

FREE to NYCLA members

Refreshments are providedLOCATION: NYCLA Home of Law - 14 Vesey Street (between Church Street and Broadway) TIME: 6:00-8:00 PM REGISTRATION: Circle dates of all programs you wish to attend and fax page: 212-406-9252 or email: [email protected]

NAME ____________________________________________________________ PHONE ______________________________

EMAIL ____________________________________________________________NUMBER YEARS ADMITTED TO BAR _____

sonably available source for the informa-tion, and that the information is central tothe proceeding in question. Then it callsfor a court to balance the public interest incompelling disclosure of the information

held by the reporter against the publicinterest in gathering news and maintainingthe free flow of information. It containsexceptions relating to national security,terrorism and preventing imminent seriouscrimes, such as murder or kidnapping. Mr.Olson noted that the provisions of the billwere similar to guidelines used by theJustice Department for a number of years.

Why pass a Federal reporters’ shield lawnow? There are anecdotal reports from themedia of increased numbers of subpoenasseeking confidential information. In recentyears, reporters have received subpoenasseeking information to be used against thegovernment. Two such high-profile caseswere brought by Wen Ho Lee and Dr.Stephen Hatfill, both of whom had beenidentified in the media as suspects in casesthat received widespread attention. Whenthey sued under the Privacy Act, bothsought to subpoena material from reportersto bolster their arguments that governmentinsiders, by leaking information aboutthem, had violated their privacy rights.

Only in the last year has there been aserious effort to evaluate the scope and fre-quency of subpoenas addressed to themainstream media. RonNell AndersenJones, “Avalanche or Undue Alarm? AnEmpirical Study of Subpoenas Receivedby the News Media,” Minnesota LawReview, Vol, 93, p. 585 (2008). The studyconcluded:

Subpoenas to the media are happen-ing with some regularity, they are notlimited to the media organizations orthe substantive issues that have beeninvolved in the highest-profile recentcases, and, at least in some categories,they appear to be on the increase. . . .[S]urvey data . . . clearly indicate thata federal statute – even one applyingonly to confidential material . . .would have more than isolated appli-cability. Likewise, because the data

indicates that the nature, source andsubstance of federal subpoenas is [sic]diverse, even a shield law with astrong national-security exceptionwould be germane and useful to jour-nalists in newsrooms that are widelyvaried in geography and organization-al size. If the Free Flow of Information Act had

been in force, how would it have affectedthe four “poster children” cited above?Vanessa Leggett might still have beencited for contempt; her interview with asuspect who committed suicide wasarguably central to a murder case and notavailable from any other source. JudithMiller might well never have gone to jail.At the time of her imprisonment, the spe-cial prosecutor already knew who hadleaked Valerie Plame’s status, so Ms.Miller’s information could hardly be char-acterized as vital and unique. Similarly,Jim Taricani’s source was irrelevant tosecuring a conviction of the underlyingcrime. Josh Wolf, however, might havebeen compelled to produce his videorecordings, which might fall under anexception in the bill for criminal activitywitnessed by the reporter.

The range of results demonstrates thatthe Free Flow of Information Act canhardly be viewed as a straitjacket for pros-ecutors, or a source of unreasonableimmunity for reporters. Rather, it repre-sents an attempt to balance two importantsocial interests, recognizing the impor-tance of both.


Message From The President(Continued From Page 1)

The Library provides FREE accessand training for Lexis, Westlaw andBloomberg Law for NYCLA members.It has a flat-rate contract for patronusage so there is no charge for youronsite use.

The Library also has a century’s accu-mulation of research materials including

over 230,000 books, records and briefsfrom New York courts and supersededstatutes and regulations (NYCRR).

The Library’s highly trained staffoffers onsite and offsite fee-basedresearch and document delivery services.

For information or to arrange Librarytours, email [email protected].

Library Resources

April 1-15Jason Sunshine212-872-7469

April 16-30James B. Kobak Jr.212-837-6757

Ethics Hotline

Questions to the Hotline are limited to an inquiring attorney’s prospectiveconduct. The Hotline does not answer questions regarding past conduct, theconduct of other attorneys, questions that are being litigated or before a disci-plinary committee or ethics committee, or questions of law. This notation shallnot be construed to contain all Hotline guidelines. For a full discussion ofEthics Hotline guidelines, please see “Guidelines on NYCLA’s EthicsHotline,” September 2006, New York County Lawyer, Vol. 2, No. 7.

Give the Perfect Gift to Your Favorite Law Student:Membership in NYCLA

Law student membership can provide students with a competitive advantageas they prepare to enter the legal profession. Students can join committees,take advantage of great member benefits, use the Library, network and takefree professional development courses.

Law Student membership is $25/year.

For more information, call Diana Kosanovich at 212-267-6646, ext. 213 or email [email protected].

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By James Hounsell

Thomas Jefferson once stated, “If anation expects to be ignorant and free, in astate of civilization, it expects what neverwas and never will be.” The FoundingFathers long stressed that a well- informedcitizenry serves as the foundation of dem-ocratic government, providing a vital safe-guard against the encroachment of tyran-ny. A practical understanding of the lawand our system of justice enables citizensto make wise decisions as voters andallows them to participate more fully incivic activities, contributing to the welfareof society as a whole.

Law-related education also trains youngpeople who may be considering careers aslawyers, judges, forensic investigators orpolice officers. Individuals in these occu-pations provide indispensable services tothe community and, therefore, ensuringthat enough people receive basic trainingin these fields should be one of ournation’s top priorities. The relatively tech-nical instruction these students receivewould, of course, also serve the purposesalluded to above - namely, providing themwith the knowledge to serve as good citi-zens.

Unfortunately, today’s children haveslipped into a dangerous state of ignoranceregarding how our democratic systemfunctions. Much of this is due to anincreased cynicism towards governmentinstitutions, whose image has been badlytarnished by the unpopular Vietnam War,the shameful Watergate scandal and a hostof other abuses of power, both real andperceived. Negative media portrayals oflaw enforcement and government officialshave also become far more pervasive andhave further diminished young people’sinterest in civics.

Statistical evidence aptly demonstratesthe scale of the problem. A study pub-lished by the National Constitution Centerin 1997 showed that a mere six percent ofhigh school students can name four FirstAmendment freedoms. This is especiallytroubling in light of the fact that there areactually five freedoms guaranteed in theFirst Amendment (speech, press, religiousexercise, peaceful assembly and the right

to petition the government). In addition,the same study showed that 62 percent ofstudents were unable to name all threebranches of government and more thanhalf did not know the number of senators.Another comprehensive report publishedin the Albany Law Review in 1999 con-cluded that perhaps as few as 15 percent ofstudents receive adequate instruction inlaw-related education.

More troubling is the inability ofAmerica’s most prestigious universities toimprove their students’ knowledge ofcivics. A 2007 study by the IntercollegiateStudies Institute, titled “The ComingCrisis in Citizenship: Higher Education'sFailure to Teach America's History andInstitutions,” revealed that seniors at high-ly rated schools, like Duke, Princeton,Cornell and Yale, actually score lower oncivic literacy exams than incoming fresh-men at those schools. Of the 50 schoolsstudied, no school averaged higher than 69percent on the Institute’s multiple-choicetest, which included such questions as“Which battle brought the AmericanRevolution to an end?” and “What is fed-eralism?.”

Much of the roadblock confronting law-related education in today’s public highschools can be attributed to the broad fail-ure of America’s public school system.This failure has been well documented andmost pronounced in inner-city school dis-tricts. The statistics are astonishing. InNew York City, only 59.7 percent of pub-lic high school students graduated withinfour years. Of these, only 63 percentreceived Regents diplomas, with theremainder of graduates receiving lessesteemed “local” or general-equivalencydiplomas (G.E.D.’s).

In New York State, graduation hingeson performance on five Regents examina-tions, so teachers spend most of their timepreparing their students in the subjects thatwill be tested. Given the difficulties in get-ting even the relatively low percentage ofstudents to score high enough to graduate,it seems unrealistic to expect teachers tospend sufficient time covering materialoutside the scope of the Regents exams,such as civics, however desirable suchinstruction may be. For many high school

students, their only exposure to civicscomes during the year they prepare for theU.S. History Regents. Unfortunately, thestandards for the test are so low, with 55percent designated as the passing grade,that it is questionable whether even thosewho have passed the exam have acquiredan acceptable level of civic literacy.

Most civic education in public schools isowed to the work of either outstandingteachers or schools that consistently per-form well above average. Schools such asBenjamin Cardozo High School inQueens, NY have established special pro-grams where students can receive law-related education as part of their regularcurriculum. Cardozo’s Mentor Law andHumanities Institute offers instruction incriminal and civil law and arranges intern-ships for students in a law office. Cardozois able to offer its students specialized pro-grams partly because of its student body’ssuccess - 86.5 percent of its students grad-uate within four years (contrast that withthe citywide 59.7 percent graduation rate).

Admission to Cardozo’s law program ishighly competitive, however, as last yearonly 55 students were accepted out of5,786 total applicants. Clearly, the vastmajority of students cannot hope to ever beadmitted. As an American Bar Associationstudy estimated, perhaps less than one per-cent of students are exposed to systemiccurricula in law-related studies like the oneat Cardozo.

Shouldn’t various legal entities such aslaw offices, judicial committees and barassociations consider it an obligation tooffer the public some of their extensiveknowledge of the law and justice system?A study appearing in the Notre Dame LawJournal stressed the importance of thisduty within the legal community. Thestudy noted, however, that lawyers areoften more motivated to serve their clients’interests than to educate the public as theformer generates income whereas the lat-ter does not. Nevertheless, many institu-tions have taken a proactive stance when itcomes to civic education.

The New York County Lawyers’

Association (NYCLA) arranges for mem-ber judges and attorneys to visit schools anddiscuss their work in an effort to spark stu-dent interest in the legal professions. Inaddition, the Association organizes anannual high school essay contest, allowingstudents to grapple with some of the practi-cal issues lawmakers are confronted withevery day. Various workshops and semi-nars also provide a valuable service to thecommunity. In 2007, NYCLA publishedthe second edition of the New York CityYouth Law Manual, a 113-page book writ-ten by a team of volunteer lawyers. TheManual informs students about an array oflegal topics, such as voting rights, familylaw, government assistance and cyberspacelaw, and offers them an overview of theU.S. system of government and usefulresources, such as hotline numbers andwebsites. The Association conductsteacher-training sessions and distributes theManual to high school students throughoutNew York City. More organizations shouldfollow NYCLA’s lead so that students canacquire law-related education outside of thetypical classroom setting.

"The tyranny of a prince is not so dan-gerous to the public welfare as the apathyof a citizen in a democracy," wroteMontesquieu, the intellectual architect ofthe system of checks and balances onwhich our government is modeled. Giventhe research that abounds on the decline ofcivic awareness in this country, a greatereffort is badly needed to reverse this pat-tern of ignorance. It is high time that weheed the warnings of the Founders of theRepublic and realize that, without a well-informed citizenry able to choose fit lead-ers, we will inevitably suffer the tenures ofbad ones.

Mr. Hounsell, a sophomore atWesleyan University, won first prize inthe Law-Related Education Committee’shigh school essay contest in 2007. Thispast summer, he interned in the cham-bers of Hon. Richard Lee Price, chair ofNYCLA’s Law-Related EducationCommittee.


The Editorial Board of New York County Lawyer welcomes the submission ofarticles by members of the legal community for inclusion in this publication.Submissions will be edited and may not be returned to the writer for approval. TheEditorial Board reserves the right to make the final decision regarding the suit-ability, content and form of all submissions and further reserves the right to incor-porate modifications and edits to same, without prior notice to the author or con-tributor. Materials accepted for publication are assumed to be original work prod-uct and shall not contain, in whole or in part, any infringing content unless appro-priate attribution and consents have been secured by the author or contributor priorto submission to the Editorial Board. Unless otherwise indicated, all views or opin-ions presented are solely those of the designated author(s) and do not necessarilyrepresent those of the New York County Lawyers’ Association. Material(s)accepted for publication shall appear in print and electronic formats and shallbecome the property of the Association once posted or published and may not bereprinted or otherwise utilized by any person or party absent the Editorial Board’sexpressed written consent.

New York County LawyerEditorial Policy

Attorneys, judges, law students and members of their immediate families can getconfidential help with alcohol or substance-abuse problems 24 hours a day, sevendays a week, by calling the toll-free hotline - 800-255-0569.

Substance Abuse Hotline

The Necessity Of Civic Education And Its Current Decay

Musicians from MarlboroNYCLA members are invited to the final concert of the 44th season of Musicians

from Marlboro at the Metropolitan Museum on Fifth Avenue and 81st Street onFriday, May 1 at 8:00 PM. Tickets under this offer are $25 (normally $40) andinclude free admission to the Museum. To take advantage of this discounted ticketoffer, please contact Tessa Chermiset at [email protected] or 212-581-5197, ext.12 and provide your NYCLA ID number.

Haydn - String Quartet in D Major, Opus 20, No. 4 (Subject to change, TBA)Schubert - Octet for Strings and Winds in F Major, D. 803, Opus 166

Young Lawyers’ Section’s “In-Chambers” ProgramNYCLA’s Young Lawyers’ Section has an “In-Chambers” lunch program onTuesday, April 21 from 12:30-2:00 PM, where participants bring their lunch to thejudge’s chambers. The event will take place at 500 Pearl Street and the participat-ing judge is Hon. Henry Pitman, Chief Magistrate Judge of the Southern District ofNew York. As always, space is limited. If you are interested in attending, emailJeffrey M. Kimmel, co-chair, Young Lawyers’ Section, at [email protected].


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