Young Lawyers

December 2006/January 2007

Dear YLS Member:

I am pleased to present to you the December/January issue of ElectronicallyIn Touch.  In this issue, you will find:

I would like to wish all of our readers a happy and healthy New Year and thank the young lawyers who have contributed to this issue.  As always, I encourage you to submit any idea that you may have including, a summary of a recent decision, statute, legal issue, or book review, or a procedural change in practice, etc.  If you are interested in sharing your ideas, advice, tips, and/or content submissions, please send them to me at seth@sethazria.com for inclusion in the newsletter.  ElectronicallyIn Touch is a monthly publication.  The deadline for submissions is the 10th of the month for inclusion in that month’s issue, but your submissions and ideas are welcome anytime for later publication.  

We hope that you enjoy the December/January issue and look forward to staying In Touch...

Seth M. Azria
Editor

It's Finally Here! YLS Three-Day Annual Meeting Program in NYC, January 24-26, 2007

On Wednesday, January 24, 2007, the Young Lawyers Section will kick off our three-day Annual Meeting Program at 8:45 a.m. with a three-hour professional development CLE, entitled “Career Development - Personal and Professional Strategies for Young Lawyers.”  Offered in two-parts, young lawyers will have an opportunity to engage in an interactive discussion, Strategies for Your Career and Your Life, with Dallas attorney, mentor, and career coach Cordell Parvin.  Young lawyers will also have an opportunity to hear from a panel of seasoned practitioners about Transitions in the Practice - Changing Your Career or Area of Practice.  Panelists include a former counsel to a New York State Governor and current partner in a New York City law firm, an Assistant District Attorney and adjunct professor of law, a former judicial law clerk and current associate in a New York City law firm, and an attorney serving on the Suffolk County Legislature.

Beginning at 12:00 noon on Wednesday, the Section will hold our annual membership and executive committee luncheon meetings where the leadership will report on the activities of the Section for 2006-2007, and the membership will elect the YLS officers and Executive body for 2007-2008.  ALL Section members attending the Annual Meeting are invited and encouraged to attend these meetings. 

Wednesday’s program will conclude with the presentation and reception to honor the recipient of the Section’s 2007 Outstanding Young Lawyer Award, beginning at 2:00 p.m.

On Thursday, January 25, 2007and Friday, January 26, 2007, beginning at 9:00 a.m. the YLS will offer our annual transitional CLE program for newly-admitted attorneys, Bridging the Gap 2007: From Practice to Purpose.  This specially-designed two-day program offers a total of 16 MCLE credits:

The Thursday, January 25, 2007 Day 1 session includes expert presenters who will address topics in torts/insurance/compensation law; family law; criminal law; alternative dispute resolution; estate planning; and immigration law.  The Day 1 program will also feature sessions on NYSBA’s Empire State Counsel Program, designed to give special recognition to attorneys who provide 50 hours of pro bono services to the poor each year, as well as a session on NYSBA’s Lawyer Assistance Program (LAP).

The Friday, January 26, 2007 Day 2 session concludes with programs in ethics and  landlord/tenant law; anevidence refresher for the criminal/civil practitioner; a law practice management session; a discussion of legal practice alternatives; and a view from the Bench, featuring practical guidance and tips for effective advocacy.

2007 Annual Meeting

Bridging the Gap 2007 - Thursday

Bridging the Gap 2007 - Friday

Registration Form for Use with Fax or Mail   (PDF File)

PLEASE NOTE: Section members can attend this program at low cost, and scholarships are available to attendees by contacting Christy Douglas (cdouglas@nysba.org) at NYSBA’s Meetings Department.

 

A Special Panel Presentation Ideal For Young Lawyers - Practical Skills 101: Life After Law School, January 25, 2007

NYSBA members, including law students and new attorneys, are invited to attend the NYSBA Law Student Council 2007 Annual Meeting program “Practical Skills 101: Life After Law School.”A networking cocktail reception immediately follows the program. This FREE event is co-sponsored by the NYSBA’s Young Lawyers Section and Family Law Section.

Members of the Young Lawyers Section’s Executive Committee are also invited to attend this complimentary panel and networking reception.

This special Q&A panel presentation is ideal for law students and new attorneys. Join us as a panel of young lawyers and well-seasoned professionals lend their advice and personal perspectives on some of the practicalities of the “real” professional world – all the things you weren’t taught in law school! You’ll hear all about the highs and lows of their journeys to becoming established attorneys. Audience members will receive practical answers to the following questions:

·         Is that AOP right for me?

·         How do I find my “dream job?”

·         I’m a new hire: what’s expected of me?

·         Does my professional etiquette need polishing?

·         How can I serve my clients better?

This FREE program (non-CLE accredited) takes place on Thursday, January 25, 2007 from4:30 p.m. to 6:00 p.m., on the 9th Floor, Marquis “C” of the New York Marriott Marquis Hotel. And, immediately following the program, please join us from 6:00 p.m. to 7:00 p.m. for a complimentary networking reception with practicing attorneys. Get more advice from established attorneys!

Because space is limited, pre-registration is strongly suggested. To pre-register for the program and/or reception, please contact the NYSBA Law Student Council Liaison Karin L. Gagnon via phone, 518.487.5572 or e-mail, kgagnon@nysba.org.

The NYSBA Law Student Council would like to thank the Young Lawyers Section for co-sponsoring this year’s event.

2007 U.S. Supreme Court Admissions Program

The Young Lawyers Section is sponsoring a group admissions program to the United States Supreme Court.  To qualify for admission to the Supreme Court, an applicant must have been admitted to practice in the highest court of a State, Commonwealth, Territory or Possession, or the District of Columbia for a period of at least three (3) years immediately before the date of application; must not have been the subject of any adverse disciplinary action pronounced or in effect during that 3-year period; and must appear to the Court to be of good moral and professional character.

Ceremonies for admission to the United States Supreme Court are scheduled for Monday, June 4, 2007. Our last Supreme Court admissions program was well received and filled up very quickly. Please note that this program is strictly limited to 50 applicants.

If you are interested in participating in this exciting event, please return the registration form  (Program and registration form links also listed below) with appropriate registration fee(s) no later than Friday, February 16, 2007.  We will then forward the appropriate paperwork with instructions for processing your admission application.

For interested applicants, we suggest that you immediately obtain an original certificate of good standing from the Appellate Division where you were admitted.  You must obtain an original, which cannot be over one-year old.

The limit of 50 applicants will be based upon the first 50 completed applications received, and not upon the receipt of your registration card.   In the event that you have registered, but are not timely in forwarding the properly completed application, your registration fee will be refunded prior to May 21, 2007.

Please mark your calendar with the important dates listed below. 

Deadline Dates

February 16, 2007    
Registration card and registration fees must be received at the BarCenterin Albany

April 2, 2007               
Completed applications for admission are due

May 21, 2007            
Refunds will not be issued after this date

U.S. Supreme Court Admissions Registration Form  (PDF File)
U.S. Supreme Court Admissions Program  (PDF File)

For more information about this program, please contact YLS Staff Liaison Megan O'Toole by telephone at (518) 487-5743 or via email at motoole@nysba.org.

YLS Members Recognized, Honored, and Celebrated as “Empire State Counsel”

In 2006, under the leadership of President Mark Alcott, the New York State Bar Association developed a program to recognize and celebrate lawyers throughout the state who serve the poor without charge. By generously donating their time and talent, these attorneys not only change lives, they also help people who otherwise could not afford counsel achieve justice.  The Association believes that every lawyer who provides a substantial amount of free legal services to the poor should be honored.

The Association, therefore, created a new program to give special recognition to NYSBA members who provide 50 hours of free legal services to the poor in a calendar year.  Members who report such voluntary service are recognized and honored with the title “Empire State Counsel,” which they can use as a credential. They receive a certificate suitable for framing, a ribbon, and a lapel pin.

On behalf of the Young Lawyers Section, we would like to recognize, celebrate, and congratulate the following YLS Members who were honored as “Empire State Counsel” in 2006:

Hal E. Blanchard
Irma Dominguez
Thomas B. Donaldson
Aaron M. Frankel
John J. Hoke
Lenor C. Marquis
Marc Aaron Melzer
Amanda G. Motsinger
Anita L. Pelletier
Christina H. Bost Seaton

Standing Out in the Crowd—a monthly column
By Christina H. Bost Seaton, Esq.*
Tradeoffs

I’ve written before in this column about the need for young associates to make tradeoffs.  Being a happy, successful young associate is not about “having it all.”  It’s about having what’s important to you.

At this time of year, when bonuses are being announced and paid out, associates can become disillusioned when they see their peers at other firms seemingly working the same (or less) hours and making significantly more money.  They begin to re-examine their priorities, allured by the prospect of more money.

It’s natural to re-examine one’s priorities over time—certainly, that’s why so many of us make resolutions at New Years.  There are definitely reasons why a young associate might determine that they really need to be making more money than they have been over the past year.  They may have started a family, or they may want to get engaged, or they might want to pay for private school for their children, for instance.  On the other hand, they may have no real need for more money, but just think that having more money would be nice.

When re-examining your priorities, needing or wanting more money are valid considerations.  But, don’t forget about the other priorities you had, before your mind got clouded by the prospects of greater riches.  If you were happy at your job before bonus season hit, think long and hard about whether you’d be equally happy somewhere where you would make more money.  Would you get the same experience?  Would you be as interested in the clients and their industries?  Would your personality be a good fit?  Would it be a good environment for you to develop your career?

It might be possible to get more money at another firm, but that doesn’t necessarily mean it’s worth the tradeoff.  Carefully analyze the tradeoffs before you make any transition in your career, and particularly before you make a move based on money.

Labor and Employment Section Liaison Report
By Alyson Mathews, Esq.**

The Taylor Law Strikes Again

Almost one year ago, New Yorkers woke up on a chilly December morning to learn that the Transit Workers Union Local 100 was on strike.  Although New York City swiftly implemented procedures to soften the blow, the strike disrupted the City and had a particularly devastating effect on the economy during the holiday season.  It was during those two excruciatingly long days that the media discussed the legality of the strike under the Taylor Law (Article 14 of the Civil Service Law).  Many reporters knew just enough about the Taylor Law to note the following newsbytes: (1) The Taylor Law makes strikes by public employee organizations illegal; (2) Public employees hate the strike provisions; and (3) Public employers love them.  Not many spoke of the Taylor Law’s origins or its upcoming birthday.

Most of us are too young to remember the first transit strike.  The year 1966 had a rough start in New York City.  On New Year’s Day, transit workers commenced a twelve day strike that crippled the City.  Similar to the 2005 strike, the 1966 strike saw the Union President, Mike Quill, being led off to jail for contempt of court.  And similar to Roger Toussaint, Quill made no apologies for the Union, declaring, “Let the judge drop dead in his black robes.”

Despite the detrimental effect on New Yorkers, the 1966 transit strike gave birth to the Taylor Law.  Three days after the transit workers returned to work, Governor Rockefeller appointed a panel, chaired by George W. Taylor, to recommend “legislative proposals for protecting the public against the disruption of vital public services by illegal strikes, while at the same time protecting the rights of employees.”  The panel’s recommendations became the foundation for the 1967 Public Employees’ Fair Employment Act, more commonly known as the Taylor Law.  Mike Quill never saw the long-term effect of his fight, as he died of a heart attack three days after winning a large wage increase for the Union. 

In the aftermath of the third New York City transit strike and the wake of the Taylor Law’s 40th anniversary, legislators have swiftly put pen to paper and drafted bills to amend the infamous Law.  Interestingly, the bills are overwhelmingly pro-union.

Assembly Bill 6231, and its Senate counterpart Bill 2095, would make it permissible for public employees to strike after the collective negotiation procedure set forth in the Taylor Law has been “completely utilized and exhausted.”

Assembly Bill 11227 lessens the fines imposed on employee organizations that strike.  If the Public Employment Relations Board determines that a public employer engaged in acts of extreme provocation that detract from an employee organization’s responsibility for the strike, the bill would require the public employer to pay the employee organization up to 50% of the membership dues that the organization obtained to pay any fine imposed for the strike.

These bills reflect a public sentiment that the Taylor Law’s provisions regarding strikes and penalties, therefore, may be too harsh on public employees.  New Yorkers stranded in the freezing cold, their feet aching from long walks to and from work, may beg to differ.  Nonetheless, the future of the Taylor Law is uncertain.

This Spring the Labor and Employment Law Section is sponsoring a program entitled “40th Anniversary of the Taylor Law: A Look Back and A Look Forward”.  The program will be held in Long Island, New York City, and upstate.  Given the far-reaching affects of the Taylor Law, in particular on daily commutes, this program should appeal to any young lawyer.

New Committee on Community Service & Pro Bono Ready for the New Year

Hello!  My name is Michael Fox, and I am the Chair of the Committee on Community Service & Pro Bono.  This Committee is one of the new Standing Committees of the YLS, and I am writing both to let you know more about the Committee, and to call for new members. 

The Committee on Community Service & Pro Bono is charged with providing resources and information for those wishing to learn more about pro bono legal representation, public service opportunities available for young attorneys in New York, and programs intended to educate young attorneys about pro bono and public service law.

The Committee also has a webpage associated with the New York State Bar Association’s main site (www.nysba.org).  Simply click on “Sections/Committees,” and then “Young Lawyers Section” and “Standing Committees” to find the link for the Committee on Community Service & Pro Bono.  Hopefully the website will prove to be a useful source of information for all YLS members, and even those outside of the YLS.  The website will, from time to time, contain postings of updates regarding future programs, events, resources, and ideas.

If you are interested in becoming a member of the Committee, please let us know.  You can contact me at Michael_Fox@nynd.uscourts.gov, or Megan O’Toole, YLS Staff Liaison, in Albany at (518) 487-5743. 

The Committee will seek to have periodic meetings or conference calls with all members during which we will be able to share ideas and information, and prepare for a Winter/Spring 2007 program that is still in the planning stages and is yet-to-be-determined.

We would really like to hear from you, if not as a Committee member then as an active New York attorney involved in community service and pro bono work!

Sincerely,
Michael L. Fox, Esq.
Chair, Committee on Community Service & Pro Bono
Young Lawyers Section

3rd/4th District Holiday Networking Reception/Toys for Tots Event a Huge Success!
By James Barnes, Esq.***

The Third and Fourth Districts of the New York State Bar Association Young Lawyers Section co-hosted a holiday gathering, Thursday, December 7, 2006, at DeJohn’s Restaurant and Pub in Albany, New York.  Approximately 70 members of the Section enjoyed an evening of networking and professional development.  This event provided members with an excellent opportunity to meet other young attorneys in the Capital Region, while at the same time, learning about how to become more involved in the Section.

The event also gave members the opportunity to contribute to a charitable cause.  Each person was asked to bring an unwrapped gift that would be contributed to the annual Toys For Tots holiday drive.  The response was overwhelming and the toys collected will be distributed to needy children in the Capital Region this holiday season.

Section leaders hope that the large turnout and overall success of the event carries over into 2007, as many exciting initiatives and events are being planned for the New Year.  Thanks again to everyone who participated in this event, and please remember that the New York State Bar Association’s Annual Meeting will be held in New York City, January 22nd – 27th, 2007.  We look forward to seeing everyone there.

Save the Dates - Mark your Calendars for these Upcoming YLS Events!

February 1-4, 2007
NYSBA Trial Moot Court Competition - held at the Southern District Courthouse in lower Manhattan. Fordham Law School is the host school. Attorney evaluators are needed primarily for the matches that will be held on Thursday, February 1st and Friday, February 2nd. Time commitment is three to four hours in the late afternoon and early evening. CLE credits are given to the attorneys who participate as evaluators. For more information, please contact Rick Weber at WeberR@bsk.com.

June 3-4, 2007
YLS Supreme Court Admissions Program/Spring Meeting in Washington, D.C.

Section Liaison/District Rep Conference Calls

April 3, 2007
2:00 p.m. – 3:00 p.m. Section Liaisons
3:00 p.m. – 4:00 p.m. District/Alternate Representatives


*Christina H. Bost Seaton is a third year associate in the complex litigation and labor & employment practice groups at Troutman Sanders LLP in Manhattan, where she is constantly trying to “play rainmaker.”    She is the co-author of Say Ciao to Chow Mein: Conquering Career Burnout, which was released this month and is available on www.cordellparvin.com and at bookstores.

**Alyson Mathews is the YLS liaison to the Labor and Employment Law Section and an Associate at Ingerman Smith, LLP in Hauppauge.

***James Barnes is the YLS 4th District Representative and an Associate at Burke & Casserly, P.C. in Albany.