May 2006

Dear YLS Member:

I am pleased to present to you the May issue of Electronically In-Touch. In this issue, you will find:

Again, thank you to the young lawyers who submitted content for this issue. You not only keep our membership informed of hot topics and recent developments in the law in a variety of practice areas, your career and professional development advice and guidance is invaluable and truly an enjoyable read. To our law student members and young lawyer members residing or practicing out-of-state and over seas, we appreciate your membership in the Section and encourage you to stay involved!

For those of you interested in sharing your ideas, advice, tips, and/or content submissions, please send them to us at yls@nysba.org or jcint@albanylaw.edu for inclusion in the newsletter. Electronically In-Touch is a monthly publication. The deadline for submissions is the 10th of the month.

We hope that you enjoy the May issue and look forward to staying In-Touch...

Justina Cintrón Perino
Chairperson-Elect

New Westchester County Law Requires Businesses to Secure their Wireless Networks
By Odia Kagan*

With the growing popularity of wireless internet networks – so grows the phenomenon of the unauthorized use of another's open network. Westchester County has found a solution – a law requiring local business to secure their wireless networks.

The Westchester Law

A law enacted on April 20, 2006 in Westchester County prohibits the provision of internet service to which there is free access if such network is not protected by a firewall. The law requires business owners that store people's private information (including social security number, credit card or bank account information), to secure their networks. In addition, the internet service providers are required to post a notice warning every user who surfs the web of the dangers lurking there. The breach of these sections is punishable by fines. This law is the first of its kind in the United States. Other states have laws requiring the owner of a network, who suspects that it had been breached, to inform the people whose private information is stored in such network and who may have been hurt due to such breach. Several bills regarding a national data breach law are presently before Congress.

Wake up and Smell the Wi-Fi

The Westchester law was enacted to deal with the growing phenomenon known as "war-driving" or "piggybacking," namely, searching for a close unsecured wireless network, connecting to it, and surfing the web through it.

Surveys have shown that most domestic wireless access points are not secured. That is to say that it is possible to connect to them automatically by double clicking on the "available wireless network" the computer had located. Sometimes, the computer makes the connection without the user being aware that the connection has been made. In some cases, the owners of wireless access points leave their connections unsecured purposely, as an expression of their belief in the sharing of resources and cooperation in the world-wide-web. For the most part, however, the networks are left unsecured because consumers are not aware of the dangers lurking behind leaving the network unsecured; dangers which are mostly intangible, unlike the very tangible dangers in leaving the door of one's apartment unlocked.

Liability for Another's Actions

In most cases, the "piggybackers" use the host network only for surfing the web, checking email, and chatting. While this practice does take away resources (bandwidth) from the wireless network, it does not always detract from the quality of its owner's surfing. However, this may change as the "piggybacker's" use of the network becomes heavier, and may eventually lead to a complete inability to surf the web.

In addition, sometimes the "piggybacking" is a precursor to other, illegal actions including unlawfully accessing files of the network owner, installing viruses and Trojan horses in their systems, downloading copyright-infringing files, storage of files containing pedophilic content, and the distribution of spam. In such cases, the practice may lead the owner of the network to incur expenses, possible lawsuits, and punishments for acts done by another on his or her network.

All Over the World – Arrests and Fines

Throughout the world, the authorities have commenced taking criminal enforcement steps against unauthorized use of wireless networks. Approximately a year ago in England, a man was sentenced to a fine of 500 British Pounds and a year of court supervision for such action. Similar punishments were handed over the passing year in Canada as well as in Florida and Illinois, where the enforcement of the case commenced with the arrest of the suspects.

Since there have only been a few cases to date, mostly in lower judicial instances, there is no guiding case law on this issue. Experts believe that sometimes, such use of an unsecured wireless network may be considered an "unauthorized access of a computer," which is prohibited under the Computer Fraud and Abuse Act, and even theft of communications. Other legal causes of action cited include defrauding the internet service provider and a breach of the internet service agreement with it.

The Life of a “0”: Searching for a Job as a Recent Law School Grad
By Allison B. Tomlinson, Esq.**

Searching for a job is always a stressful event. But searching for a legal job in a tough market is even more stressful. The following article outlines some tips for recent law school graduates who are unemployed or 0 to 3rd year lawyers looking to make a lateral move from their present employer.

You’ve gotten through some of the most difficult years of your life. You’ve lived through taking up permanent residence at the law library, sacrificed many a Saturday night for a better understanding of contracts or torts, and braved the bar exam like a champ. You did all of this work figuring that you should easily be bringing in $150,000 to start, getting a Blackberry and a free cell phone, and be given all of the other perks that you were promised upon entering law school. The hardest part is behind you, right? Wrong!

Unfortunately, with the tough market out there and the even tougher competition, those $150,000 jobs aren’t as plentiful as when you started law school, and even the $35,000 jobs are difficult to get.

What now?

Possible Route to Employment #1:
If you’re like me, you went to law school with a strong background in another related field of employment and/or a solid interest in a particular area of the law. If so, the following tips could be just for you:

Get a non-legal job:
You have the option at this point to either apply for legal or non-legal jobs, both of which have their benefits. If you opt to go after a non-legal job, however, you’ll be faced with the question, “Why don’t you want to work in a law firm or be a lawyer?” Bear in mind the fact that taking a non-legal job as a first job doesn’t necessarily mean that you are abandoning the law forever. Plus, a non-legal job can be a great prelude into a legal job later on and can give you the practical experience that your colleagues will be lacking. This is particularly true if you are interested in eventually working in house.

Create a Framework:
Lay out a career path for yourself. This is harder said than done. Start by identifying what makes you happy, why you initially went to law school and got interested in your particular field of interest, and where you ultimately want to be. Write your overall goal down to concretize it.

Get that job:
Great! You have it in your mind where you ultimately want to be; now, how do you get your foot in the door at a non-legal job?

• Create a resume for a non-legal job that is distinctly different from a legal resume, and have it critiqued by someone (or two someones) that are working successfully in your chosen field. How do you meet someone in your field? That’s where it becomes critical to network and join professional organizations, which is discussed in more detail below. Always have a mentor, whether you’re a law student, a “young” lawyer or an experienced professional. Be receptive to your mentor’s advice, and incorporate their comments into your resume.
• Sign up for job alerts with all of the search engines and local newspapers. Be sure to update your resume on these search engines frequently. Also, connect with local headhunters.
• Target companies within your field that could use someone with your skills. There are plenty of jobs that are “JD-preferred,” or don’t require a JD at all, and if you have a JD and especially if you are admitted, your resume will rise to the top.
• Apply to a small company with a good reputation in your field. Send your resume directly to the company president, managing director or head of the department, and cc the human resources department.
• Have your speech ready as to why you want to do this non-legal job, i.e., “I went to law school to be a better 'X'," and I’d rather work on the non-legal side of things and use my legal skills, i.e., being a critical and analytical thinker, to help grow your organization.” Practice your speech, and keep practicing it until it becomes second nature. Most importantly, don’t misrepresent yourself. Believe what you’re saying, otherwise, don’t say it.
• If you’d ultimately like to transition over to a legal job, consider not staying at the non-legal job for longer than a year or two. Being in a non-legal position for too long could potentially pigeonhole you, and might make it a tougher sell that you remember your legal skills. Use your status as a “0” to “3” to your advantage. At this point, you’re “young” enough in your career to transition back and forth without creating too much of a stir, and you will be bringing valuable skills with you.

Possible Route to Employment #2:
What if you didn’t come to law school with any particular path in mind, but towards the end of the 3rd year or after the bar exam, you found a sudden interest in two or three potential areas of practice.

If your resume doesn’t reflect that you participated in law journals, work experience, or activities related to these new fields of interest, it may be a harder sell, but not impossible. Here are some tips:

• Join committees through the local bar associations related to these fields. For instance, if you’re drawn to Real Estate, Construction and Design, join those committees of the New York State Bar Association, New York County Lawyers Association, and your borough/county bar association. Along these lines, a good time to join the various bar associations is as a new lawyer, because the rates are discounted for your first year post graduation.
• When you join the bar association, the committees generally ask members to submit articles, or more senior lawyers need assistance on an article that they’re writing. This is a great way to hone your skills and learn about a particular field.
• Read law journals and publications related to your field to stay current.
• Be conversant on your field. You can’t be expected to know everything about the area of law, but you should be able to hold a conversation.
• Be ready to explain why you’re interested in this area of the law, and your long-term goals.
• Be open to other possibilities. For instance, if you’re interested in construction, you may want to learn about real estate in general and apply for jobs in that field, as well as other related fields of which construction may be under that umbrella.
• Be flexible and keep your mind open to various types of law.

Possible Route to Employment #3:
What if you have no interest in any particular area of the law? As a recent grad, you can use this to your advantage. Work aggressively to get a position within the general practice areas that you are interested in, i.e., Litigation, Transactional, or Criminal. At this point, the most important thing for you to do is gain legal skills.

If you are interested in litigation but not sure what area, pursue any jobs that will teach you basic skills, i.e., drafting motions, taking a deposition, making a discovery demand. Those skills are translatable and indispensable for your career, wherever you eventually end up.

The most important thing to keep in mind if you are following scenario #3 is to create a skill set. Work hard at a smaller firm or company for a year, and then, transition over after you have had more exposure to various areas of the law.

Putting it all together:
Searching for a job is a difficult and time-consuming process. It takes time, dedication, tenacity, organization, and a good attitude. Here are some general tips for you, whether you fit #1, 2 or 3 above.

Network:

• Everyone uses the term “network,” but what does it mean? It doesn’t mean that you should feign interest in things that mean nothing to you. Find activities that truly interest and excite you, and get active. Again, join every bar association that you can and be an active – not just paying – member.
• Join networking organizations related to your field of interest that are non-legal.
• Inquire about the pro bono work that you can participate in through the bar’s legal assistance program.
• Be active with your alumni association, both undergrad and law school. Become a board member; help organize a member appreciation reception or a happy hour.
• Remember that you’re building a career and not just getting a job. If you end up in a law firm, you’ll need to make it rain eventually or you won’t advance or become partner. So, start building your network early and keep it going.

Create a database:

• Be organized and detailed in your search. Create a spreadsheet, and list everyone that you’ve contacted through committee/alumni connections. Then, go through an attorney search engine, and target firms/attorneys in your field.
• Send out several targeted resumes a week. If you don’t yield good results, expand your geographical area. You may need to work in a less competitive legal market for the time being. Literally, take out a map and draw a concentric circle within a 10 mi, 25 mi, 50 mi and 100 mi radius of your home and target firms/companies there.

Closing the deal:

• Your calling card will be your resume and cover letter. Therefore, check both for typos. This is a big turn-off for potential employers. Also, if you’re emailing fellow alumni or committee members and you don’t know them personally, don’t ask for a job directly. You may want to request an “informational interview” or “advice on your resume.”
• Improve your resume constantly, whether you’re working or not. Read books on polishing your resume, use key words that people in your field would expect to see, and remove any clutter.
• Be responsive to leads. Don’t wait for days to respond to calls or emails. Also, whenever you get someone’s business card, send him or her a quick note, and then add his or her info to your database.
• Get out of your house and shake hands.
• If you can’t find a job right away, don’t panic. There are several temporary and contract attorney positions available in the area. Walk into the agencies and register (don’t apply on the web) and follow up on leads. These jobs sometimes start off paying poorly, but can quickly increase to become very lucrative. Plus, you can learn about various areas of the law through these positions, while at the same time not being constrained if you need to go to an interview or event.
• Relax. We’ve all been there and this too shall pass!

Finding a job is a marathon and not a race, so be strategic, be confident, and be open. You may not make your first million in your “0” to “3” years, but if you make wise choices, you’ll be on your way to a solid, lasting career.

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

Reality Check

Now that “The Season” has descended upon law firms across the state, I’d like to address an issue that’s of particular relevance to summer associates, but also of interest to all associates.

Your reputation.

Nearly every aspect of your career will be affected by the way your coworkers perceive you. No one will notice or care about your quality work product if you have a reputation as someone who doesn’t take their job seriously. In that sense, perception really is stronger than reality.

So, what can you do to earn yourself a good reputation? First of all, don’t forget that you really are the most expendable person at the firm. Every other attorney at the firm has more experience than you. When an attorney criticizes your work product, even if you think they’re wrong, you cannot get defensive and interrupt what the attorney is saying. It is your job to listen carefully and weigh the attorney’s criticisms. After that, you can give a short, one-sentence explanation of your actions, followed by an “I’m sorry, I’ll make the changes you requested.”

Second, don’t forget that you really are more expendable than the staff at the firm. Good, reliable employees are hard to come by, and long before you ever got there, the firm had already spent a lot of money recruiting and retaining staff. Lawyers with fancy degrees are a dime a dozen, but a legal secretary with working knowledge of the firm’s systems is priceless.

Third, don’t look to the other associates to determine what sorts of behavior are appropriate. I know this seems counter-intuitive, but here’s why. The other attorneys have already built their reputations. They have a good sense of the things that they can get away with, and conversely, the things that are most important for their careers. While it might be very common for associates and partners to show up a bit late to work, a summer associate breaking the start-time rule can come off as disrespectful and acting as though he/she feels like he/she is entitled to having a fancy, high-paying law firm job. Clearly, that’s not the reputation that you want to be cultivating! When in doubt about how to behave, follow the rules to a tee. Show up on time, do all the reading, and proofread your assignments several times.

Finally, don’t forget that the quickest way to influence someone’s opinion of you is to form a relationship with that person. It’s not enough just to be respectful and polite to the other attorneys and to the staff. You need to work hard to engage your coworkers in conversation, to find common interests, and to build a relationship of trust and respect. Not only will you expand the number of people who are willing to support you and to advocate for you, you’ll also have more fun than you would if you were hiding in your office all day behind a closed door. You spend a lot of hours at work—you might as well enjoy them!

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NEW CASE ALERT SERVICE…An Exclusive Member Benefit!

The New York State Bar Association has partnered with Loislaw, Wolters Kluwer Law & Business, to provide you with the NYSBA/Loislaw LawWatch CaseAlert Service. The NYSBA/Loislaw LawWatch CaseAlert Service is a free member benefit that allows NYSBA members to sign up to receive e-mail alerts of new cases in one of twenty (20) areas of practice. The New York State Bar Association is the first bar association in the country to provide this case alert service, which gives members another tool that can help them stay ahead of the curve. More than 1,200 have already subscribed!

This is how it works: several pre-selected searches, each relevant to a particular area of the law, have been assigned to the practice areas. As a member, you may elect to receive e-mail alerts in one of these areas—whichever you choose. When a new decision that matches the search terms in your selected area is published, an excerpt from the case will be automatically e-mailed to you. In that e-mail, a link will be provided, which allows you free access to the full text of the case.

You can sign up for this service by clicking on: www.nysba.org/casealerts. Since this is an exclusive member benefit, you will need to log in using your user name and password. The next screen will give you the opportunity to opt in to this new service, confirm the e-mail address to which you want the e-alerts sent, and select the practice area of your choice. Shortly thereafter, you will begin receiving case alerts at the e-mail address you designate. If you wish to see samples of the type of case alerts you will be receiving or view other general information about this new service, please visit: www.nysba.org/casealertdemo.

Searchable YLS Member Directory to be Launched in Summer 2006

This summer, the YLS plans to launch a searchable YLS membership directory. Access to the Directory will be available to members only, and the Directory will include capability to search by contact information, practice area, and judicial district. Members who do not wish to be listed in the Directory and/or those members wishing to include specific information (i.e., preferred mailing or email addresses, or telephone numbers) in the Directory will be able to opt out and/or update their NYSBA profiles. We will send out a Section Notice prior to the Directory launch to announce when the Directory will be made available. Stay tuned!

Save The Dates!

The following is a calendar of upcoming YLS meetings. All YLS members are welcomed and encouraged to attend. For more information about these meetings, please contact Megan O’Toole, the NYSBA YLS Staff Liaison via email at motoole@nysba.org. Save the dates! We hope to see you!

• June 19, 2006 Regional Summer Executive Committee Meeting – Westchester
  (Office of Sherry Levin Wallach, Esq.) Wallach & Rendo, LLP. , 68 S. Morger Avenue, Mount Kisco, New York 10549
• June 20, 2006 Regional Summer Executive Committee Meeting – Nassau/Suffolk
  (Office of Scott E. Kossove, Esq.) L’Abbate, Balkin, Colavita & Contini, L.L.P, 1001 Franklin Avenue, Garden City, New York 11530
• June 21, 2006 Regional Summer Executive Committee Meeting – New York City
  (Office of David Rothenberg, Esq.) The Goldman Sachs Family Office, 1 New York Plaza, 40th Floor, New York, New York 10004
• June 27, 2006 Regional Summer Executive Committee Meeting – Rochester (Location TBA)
• June 28, 2006 Regional Summer Executive Committee Meeting – Syracuse
  (Office of Richard Weber, Esq.) Bond, Schoeneck & King PLLC, One Lincoln Center, Syracuse, New York 13202
• June 29, 2006 Regional Summer Executive Committee Meeting – Albany
  New York State Bar Association, Peck Room, One Elk Street, Albany, New York 12207
• October 20-21, 2006 YLS Fall Meeting in Albany, New York – NYSBA Center
• January 24, 2007 YLS Winter Meeting in New York City as part of the NYSBA Annual Meeting – Marriott Marquis
• January 25-26, 2007 YLS Bridge-the-Gap Program in New York City as part of the NYSBA Annual Meeting – Marriott Marquis
• June 3-4, 2007 YLS Supreme Court Admissions Program in Washington, D.C.

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*Odia Kagan is a partner in the Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices, in Tel-Aviv, Israel, where she heads the internet and information technology (IT) practice. Ms. Kagan is also admitted to practice law in the State of New York, in England and Wales, and in New South Wales, Australia. The aforesaid it the opinion of the writer only, does not purport to be complete or comprehensive, and does not constitute legal advice or a substitute therefor.
**Allison B. Tomlinson, Esq. is the Young Lawyer’s Section liaison to the Corporate Counsel Committee, and works in the Legal and Government Contracts Dept. of a global engineering and consulting firm. She is happy to report that she’s well on her way to becoming a “2.”
*** Christina H. Bost Seaton, Esq. is a second year associate in the litigation and labor & employment practice groups at Troutman Sanders LLP in Manhattan, where she is constantly trying to “play rainmaker.”

Electronically In-Touch welcomes articles from members of the legal profession on subjects of interest to New York State young lawyers. Views expressed in articles are the authors' only and are not to be attributed to Electronically In-Touch, its editors, the Young Lawyers Section, or the New York State Bar Association unless expressly so stated. Authors are responsible for the correctness of all content, citations, and quotations. Contact the editor, Justina Cintrón Perino, at jcint@mail.als.edu for submission guidelines. Material accepted by the Young Lawyers Section may be published or made available through print, film, electronically, and/or other media. Copyright (c) 2006 by the New York State Bar Association. Electronically In-Touch, the eNewsletter publication of the New York State Bar Association's Young Lawyers Section, One Elk Street, Albany, NY 12207, is issued twelve months each year.