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Ethics and Civility 2018

Friday, April 13, 2018 
| New York State Bar Association
1 Elk Street | Albany, NY 12207

Friday, April 13, 2018 | Genesee Grand Hotel
1060 East Genesee Street | Syracuse, NY 13210

Friday, April 13, 2018 Hyatt Place Buffalo/Amherst
5020 Main Street | Amherst, NY 14226

Friday, April 13, 2018 Melville Marriott
1350 Walt Whitman Road | Melville, L.I., NY 11747

Friday, April 20, 2018 | CUNY Graduate Center
365 Fifth Avenue | New York, NY 10016 | Live & Webcast

4.0 MCLE Credits
4.0 Ethics

Who Should Attend
Attorneys of all levels of experience, across all subject matter disciplines.

What 2017 Attendees Said
>“One of the best CLE programs I have ever attended!”
>“Colloquium was excellent!”
>“Excellent format, lecture and panel!”
>“This 4-point ethics program is great!”


PROGRAM AGENDA & FACULTY

Program Description
 A sound ethical compass and a civil and professional demeanor are the hallmarks of successful and respected attorneys in all areas of practice. This four-hour program will provide attendees with an update on developments in the area of attorney ethics, including the most recent case law. The rules of civility will be discussed, with emphasis on practical pointers for dealing with uncivil adversaries and civility issues within the law firm. The program will conclude with a discussion of real life hypotheticals by a panel of distinguished practitioners and jurists – certain to benefit attorneys in all substantive areas of practice.

Don't miss this opportunity to obtain 4.0 MCLE Ethics credits at this lively and thought-provoking program, which is annually one of NYSBA's best attended CLE seminars.

Program Agenda

8:30 a.m. - 9:00 a.m.      Registration
9:00 a.m. - 9:10 a.m.      Welcome and Introduction
9:10 a.m. - 10:00 a.m.    What's New for 2018 on Ethics?
10:00 a.m. - 10:50 a.m.  Civility in Everyday Lawyering: What are the Basic Lessons to be Learned? 
                                        - The Civility Rules
                                        - The Uncivil Adversary
                                        - Civility vs. Aggressiveness
                                        - Law Firm Civility Issues
10:50 a.m. - 11:00 a.m.  Refreshment Break
11:00 a.m. - 1:00 p.m.    Colloquium on Ethics and Civility
1:00 p.m.                        Adjournment

Overall Program Chair

Vincent J. Syracuse, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP

Albany
Scott N. Fein, Esq. (Chair)
 | Whiteman Osterman & Hanna LLP
Hon. Mae D’Agostino | United States District Court, Northern District of New York 
Bruce D. Feldman, Esq. | NYS Office of the Attorney General
E. Stewart Jones, Esq. | E. Stewart Jones Hacker Murphy
Michael J. Murphy, Esq. | Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C.
Robert T. Schofield, Esq. | Whiteman Osterman & Hanna LLP 

Buffalo
David G. Brock, Esq. (Chair) | Kavinoky Cook, LLP | Buffalo
Howard B. Cohen, Esq. | Gross Shuman Brizdle & Gilfillan, P.C. 
Elizabeth M. Midgley, Esq. | Anspach Law
Roderick J. Quebral, Esq. | Attorney Grievance Committee, Eighth Department
Leonard D. Zaccagnino, Esq. | Shaw & Shaw, P.C. 

Long Island
John M. Brickman, Esq. (Chair) | McLaughlin & Stern LLP 
Andrew J. Luskin, Esq. | McLaughlin & Stern LLP

Syracuse
Nicole Marlow-Jones, Esq. (Chair) | Costello, Cooney & Fearon, PLLC 
Robert A. Barrer, Esq. | Barclay Damon, LLP
Brian J. Butler, Esq. | Bond, Schoeneck & King PLLC
Hon. Thérèse Wiley Dancks | United States Magistrate Judge for the Northern District of New York
Paul G. Ferrara, Esq. | Costello, Cooney & Fearon, PLLC
Mary E. Gasparini, Esq. | Attorney Grievance Committee, Fifth Judicial District
Stephen T. Helmer, Esq. | Mackenzie Hughes LLP
Julian B. Modesti, Esq. | Menter, Rudin & Trivelpiece, P.C.
Kristin Nicoll, Esq. | Simpson Thacher & Bartlett LLP

NYC/Webcast
Vincent J. Syracuse, Esq. (Chair) | Tannenbaum Helpern Syracuse & Hirschtritt LLP
Hon. Tanya R. Kennedy | New York State Supreme Court, County of New York
Danielle C. Lesser, Esq. | Morrison Cohen LLP 
Hal R. Lieberman, Esq. | Emery Celli Brinckerhoff & Abady LLP 
Hon. Andrea Masley | New York State Supreme Court, County of New York 
Carl Regelmann, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP
Mark C. Zauderer, Esq. | Flemming Zulack Williamson Zauderer LLP 


Program Co-Sponsors
Commercial and Federal Litigation Section
Committee on Attorney Professionalism
Committee on Continuing Legal Education

NYSBA Members $135
Commercial and Federal Litigation Section Members
 $110
Non Members $235

Not Able to Attend in Person?
A Live Webcast Option is Available: Friday, April 20, 2018*

If you cannot watch the webcast at the scheduled time and date, the recording will be available to you to access after the presentation date for a 60 day period enabling you to watch on your schedule and earn your MCLE credits.
 *Note: Newly admitted attorneys registered for the webcast must watch the Ethics segment in real-time in order to earn credit.

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Pre-registration Strongly Advised: You can save money and guarantee your seat and course materials by registering early. Registrations received at the door are subject to an additional $15.00 registration fee. Registrations cancelled less than three days from the program date will be assessed a cancellation fee of $25.00.

ATTORNEY PROFESSIONALISM

“Attorney Professionalism” Defined

Attorney Professionalism refers to those qualities and attributes of a lawyer reflecting honor, integrity, civility, and commitment in the practice of law.  These qualities notably elevate the profession from simply a means to earn a living.  An attorney demonstrates professionalism by striving above career success, in pursuit of goals that meaningfully enhance the pursuit of justice and the rule of law for the betterment of our society.  Those goals include increasing the representation of the unrepresented and endeavoring to strengthen the public perception that our legal system functions effectively, impartially, and fairly.  Professionalism naturally carries with it the awareness that the law, and thus the manner in which lawyers conduct their practices, has a broad impact on people’s lives and on society itself.

Beyond thorough compliance with the Rules of Professional Conduct and the skillful application of knowledge, resourcefulness, and perseverance in the performance of service, attorney professionalism involves a dignified pursuit of a higher calling that can enrich our society.  Professionalism requires poise, honesty, maturity, and reasoned judgment and embodies a heightened sense of responsibility and fair play, as well as a respect for others ─ even when zealously advocating on behalf of the client.  As attorneys pursue excellence, they should also look to apply their hard-earned skills and experience to serve, assist, and mentor within the profession.

The New York State Bar Association’s Committee on Attorney Professionalism confers the “Professionalism Award” on those attorneys who most markedly demonstrate these values and wholeheartedly embody these ideals.

An attorney reflects the values and ideals of professionalism by:

  • Engaging in exemplary ethical conduct while fulfilling the spirit, as well as the requirements, of the Rules of Professional Conduct;
  • Attaining the highest skills level in a specific field, as demonstrated by pursuing efforts to improve skills above the required continuing legal education and by keeping abreast of the latest developments in the attorney’s areas of expertise;
  • Paving the way for the enhanced future of the profession, especially by mentoring younger attorneys;
  • Exercising distinguished judgment while providing client service at the highest levels, and formulating and implementing views and advice based on knowledge and experience;
  • Acting with dignity and integrity as exhibited by soundness of character, honesty in practice, undivided loyalty, confidentiality, and agreeing to disagree without being disagreeable; and
  • Demonstrating civility and always endeavoring to behave responsibly and to exhibit appropriate courtesy and respect of others, in the highest aspirational spirit of the profession.

To honor a member of the NYSBA for outstanding professionalism, which is defined as dedication to service to clients and a commitment to promoting respect for the legal system in pursuit of justice and the public good, characterized by exemplary ethical conduct, competence, good judgment, integrity and civility.

Presented by: Committee on Attorney Professionalism

Contact: Melissa O'Clair

Nomination Deadline: October 11, 2019

Date Presented: TBA

Prize Awarded: Steuben glass timepiece

The Committee on Attorney Professionalism administers the annual New York State Bar Association Attorney Professionalism Award. We are now seeking nominations for the Award.   Nominations must be submitted and postmarked no later than October 11, 2019 on the 2020 Nomination Form (PDF).

The Committee’s working definition of attorney professionalism is as follows:   “Attorney Professionalism” Defined

Attorney professionalism refers to those qualities and attributes of a lawyer reflecting honor, integrity, civility, and commitment in the practice of law.  These qualities notably elevate the profession above and beyond a means to earn a living.  An attorney demonstrates professionalism by striving above career success, in pursuit of goals that meaningfully enhance the pursuit of justice and the rule of law for the betterment of our society.  Those goals include increasing the representation of the unrepresented and endeavoring to strengthen the public perception that our legal system functions effectively, impartially, and fairly.  Professionalism naturally carries with it the awareness that the law, and thus the manner in which lawyers conduct their practices, has a broad impact on people’s lives and on society itself.

Beyond thorough compliance with the Rules of Professional Conduct and the skillful application of knowledge, resourcefulness, and perseverance in the performance of service, attorney professionalism involves a dignified pursuit of a higher calling that can enrich our society.  Professionalism requires poise, honesty, maturity, and reasoned judgment and embodies a heightened sense of responsibility and fair play, as well as a respect for others, even when zealously advocating on behalf of the client.  As attorneys pursue excellence, they should also look to apply their hard-earned skills and experience to serve, assist, and mentor within the profession.

The New York State Bar Association’s Committee on Attorney Professionalism confers the “Professionalism Award” on those attorneys who most markedly demonstrate these values and wholeheartedly embody these ideals.

The Award honors attorneys who evidence the highest attributes of professionalism in the practice of law: attorneys who have labored in “the vineyard” and are especially valued by their clients and their colleagues.  Therefore, rather than being strictly a lifetime achievement award, this particular honor relates to overall professionalism in the actual practice of law.  A nomination should be supported by letters from others, such as attorneys, judges or the nominee’s clients or clients’ families, particularly letters that are contemporaneous with the services rendered.  These testimonials are important in the selection process.  Your nomination should, as inclusively as possible, specify how the nominee has demonstrated the following attributes:

An attorney reflects the values and ideals of professionalism by:

        ●    Engaging in exemplary ethical conduct while fulfilling the spirit, as well as the requirements, of the Rules of Professional Conduct;
        ●    Attaining the highest skills level in a specific field, as demonstrated by pursuing efforts to improve skills above the required continuing legal education and by keeping abreast of the latest developments in the attorney’s areas of expertise;
        ●    Paving the way for the enhanced future of the profession, especially by mentoring younger attorneys;
        ●    Exercising distinguished judgment while providing client service at the highest levels, and formulating and implementing views and advice based on knowledge and experience;
        ●    Acting with dignity and integrity as exhibited by soundness of character, honesty in practice, undivided loyalty, confidentiality, and agreeing to disagree without being disagreeable; and
        ●    Demonstrating civility and always endeavoring to behave responsibly and to exhibit appropriate courtesy and respect of others, in the highest aspirational spirit of the profession.

Are you aware of an attorney who distinctively embodies these qualities?  We welcome and encourage an application describing your nominee’s professionalism, so that we may consider the nominee for our annual Professionalism Award.

The 2019 Attorney Professionalism Award presented to Peter J. Strauss, Esq. will be presented with the during the annual presentation of the NYSBA President’s Pro Bono Service Awards at the Bar Center on Wednesday, May 1, 2019 at a 12:30 p.m. luncheon. Learn more about the winner here.

Prior award recipients include:
2019
Peter J. Strauss, Esq.
2018 William J. Dreyer, Esq.
2017 E. Stewart Jones, Jr., Esq.
2017 Maryann Saccomando Freedman, Esq.
2016 Norman Resnicow, Esq.
2015 Michelle L. Haskin, Esq.
2014 John S. Marwell, Esq.
2013 John Ferrara, Esq.
2012 Christopher T. McGrath, Esq.
2011 James P. Bessette, Esq.
2010 Mark A. Longo, Esq.
2009 Jill M. Cicero, Esq.
2008 Peter V. Coffey, Esq.
2007 Frank E. Yannelli, Esq.
2006 Terrence M. Connors, Esq.
2005 George J. Nashak, Jr., Esq.
2004 James M. Conboy, Esq.
2003 Anne Reynolds Copps, Esq.
2002 Carlton F. Thompson, Esq.
2001 Lucille A. Fontana, Esq.
2000 Hon. Barry Kamins