CLE Institute Newsletter October 2011

Transcription

1 CLE Institute Newsletter October 2011 Hon. Stephen G. Crane Receives Jack Newton Lerner Award for Outstanding Contributions to Continuing Legal Education at 2011Landlord Tenant Practice Institute At a special luncheon held in conjunction with the 2011 Jack Newton Lerner Landlord Tenant Practice Institute, Hon. Sherry Klein Heitler, Administrative Judge, Civil Matters, First Judicial District, Supreme Court, New York County, presented the Jack Newton Lerner Award for Outstanding Contributions to Continuing Legal Education to the Hon. Stephen G. Crane. The award recognizes the individual who has made significant contributions to the Hon. Sherry Klein Heitler presentation of quality CLE programming. Not only is Judge Crane Co-Chair of NYCLA s Committee on CLE, but he is also Co-Chair of NYCLA s seminal Art Litigation and Dispute Resolution Institute, now in its fourth year, and a speaker/ moderator at countless CLE programs during the year. He is also instrumental in offering his advice and counsel on many issues faced by NYCLA s CLE Institute. The highlight of the award presentation was the attendance by Jack Newton Lerner s widow, Evelyn, and her family. The CLE Institute is grateful to the Lerner family for helping us continue to honor the legacy of Jack Newton Lerner, who not only has been recognized as the dean of landlord tenant practice, but was also a devoted CLE lecturer for over twenty years. The CLE Institute also wishes to thank the co-chairs of this year s Landlord Tenant Practice Institute, Hon. Laurie Lau, NYC Civil Court, Housing Part and George M. Santana, Law Firm of George M. Santana, P.C., for putting together such a fascinating program and assembling an unparalleled roster of speakers from the bench, bar and government. NYCLA Executive Director Sophia Gianacoplos CLE Institute Director Bari Chase Program Attorney Donna Lennon Registrar Kieanna Bishop CLE Program & Special Projects Coordinator Cherie Samuels Graphic Designer & Marketing Specialist Mary Stewart Hon. Stephen G. Crane and family Evelyn Lerner and family New York State Senator Liz Kruger To Speak on Fair Pay at CLE Institute NYCLA s Women s Rights Committee will co-sponsor a special program on October 6 th on Progress and Pitfalls in the Effort to Achieve Fair Pay and Work- Life Balance. Joining State Senator Liz Krueger, author of S.5674, the Fair Pay Act, will be Dina Bakst, Co-President, A Better Balance and Leslie Kelmachter, President, New York State Trial Lawyers Association, partner at The Jacob D. Fuchsberg Law Firm and author of A High Court (Very) Open to Business, published in the New York Law Journal July 7, 2011.

2 All-Star Panel of Speakers Set for Federal Criminal Practice Institute NYCLA s CLE Institute and the Federal Bar Council have once again joined together to co-sponsor the Federal Criminal Practice Institute. The program kicks off Thursday evening, October 13 with a networking cocktail; reception and Introduction by Hon. Patricia Anne Williams, NYS Supreme Court. Program Chairs Mark B. Rosen, Mark B. Rosen, Esq., P.C., John Jay College of Criminal Justice and Alan Vinegrad, Covington & Burling LLP, have assembled an unparalleled roster of speakers including judges from the Second Circuit Court of Appeals, Eastern and Southern Districts of New York, Clerks and Chief Executives of the Courts, members of the U.S. Attorney s Offices, noted criminal defense attorneys and academics. Friday s program focuses on initiation of the proceedings, pretrial issues, an ethics discussion and an overview of the Federal Criminal Trial. Noted criminal defense attorneys speaking on Friday include: Robert Anello, Richard Albert and Jeremy Temkin, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C.; Joel Cohen, Stroock; Kelly Currie, Crowell and Moring, LLP; Anthony Ricco,Esq., Marjorie J. Peerce, Stillman, Friedman & Shechtman PC; Marc Agnifilio, Brafman & Associates; William Pollard, Kornstein, Veisz, Wexler and Pollard ; Henry Putzel, III, Esq. and Audrey Strauss, Fried Frank. Representing the U.S. Attorney s Office are Jonathan Kolodner, (SDNY); Marshall Miller, (EDNY), and John Buretta (EDNY). Judicial panelists include Hon. Steven M.Gold, EDNY, Hon. John Gleeson, EDNY and Hon. Reena Raggi, U.S. Ct. of App., 2d Cir. Saturday s program will cover federal evidence considerations, including a session on CSI, a discussion of the sentencing guidelines, sentencing advocacy and federal appeal considerations. Noted criminal defense attorneys Richard Ware Levitt, Esq. and Barry Leiwant, Federal Defenders, will be joined by Professor Bruce Green, Fordham University School of Law and representatives from the U.S. Attorney s Office including Carolyn Pokorny, EDNY and Jocelyn Strauber, Deputy, Terrorism & International Narcotics Unit, SDNY. The Hon. Frederic Block, EDNY and Hon. Richard Sullivan, SDNY will be joined by Hon. Karen Greve Milton, Circuit Executive, U.S. Court of Appeals., 2d Circuit and Catherine O Hagan Wolfe, Clerk, U.S. Court of Appeals, 2d Circuit. Ethics Institute Update NYCLA s Ethics Institute will sponsor two programs this October. On Tuesday, October 4 th, Program Chair Bernard A. Krooks, Littman Krooks LLP will be joined by Ira K. Miller Esq.Elizabeth Valentin, Littman Krooks LLP and ethicist Sarah D. McShea, Law Offices of Sarah Diane McShea in presenting Ethical Issues in Elder Law and Special Needs Planning. On Wednesday, October 26, we present Ethical Issues Confronted During Litigation, focusing on the ethical dilemmas faced by litigators, which can often seem quite daunting. Indeed, there is a fine line between zealous advocacy, sharp practice and misconduct as well as the resulting implications of each. Using a series of real life hypotheticals, a panel of experts including Program Chair Richard Maltz, Counsel, Frankfurt, Kurnit, Klein & Selz, PC and panelists Nicole Hyland, Frankfurt, Kurnit, Klein & Selz PC, Ann Scherzer, 1 st Dept. Disciplinary Committee and Richard Supple, Hinshaw & Culbertson LLP, will provide guidance on how to manage problems that actually arise both inside and outside the courtroom. SAVE the DATES: Race and the Constitution: 2011 Update Tuesday, November 1, 2011 (rescheduled from an earlier date) Criminal Trial Advocacy Institute: A Bridge the Gap for Lawyers Interested in Criminal Law Thursday and Friday November 3 and 4. 4 th Annual Art Litigation and Dispute Resolution Institute Friday, November 18 For complete program descriptions, faculty, registration information and pricing, consult our website at NYCLA s CLE Institute now an Accredited Provider in New Jersey New York County Lawyers Association s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the State New Jersey. Courses qualifying for CLE credit in New Jersey will be so designated on the NYCLA website. Be sure to consult for program details and program locations. NOTE: Tuition Assistance is available for qualified attorneys. Consult our website at for the application form, details about the program and qualifications for applicants. If applying for Tuition Assistance, please DO NOT register for the program before submitting the Tuition Assistance application. All persons granted tuition assistance will receive the course materials as a pdf file on a CD or by direct download from the NYCLA website.

3 Special Skill Building Program: Acting for Lawyers Join NYCLA s Young Lawyers Section for a very special program on Thursday, October 20, as the CLE Institute welcomes Alan Blumenfeld and Katherine James, ACT OF COMMUNICATIONS, founded 30 years ago to set a new standard in the art of advocacy. During this highly interactive program, the instructors will demonstrate the theatrical techniques lawyers should be using to optimize results in client meetings, negotiations, trials, mediations, arbitrations or other professional appearances. Attendees will learn what s needed to create and enhance the authenticity and impact of their own communications. After all Attorneys and actors share a common mission: to rivet the listener s attention on the drama at hand, control their point of view, lead their instincts, and then convince their minds of the story s desired end with an ovation for the actor, a decisive win for the attorney. Alan Blumfeld is a founder of ACT OF COMMUNICATIONS as well as a professional actor who makes his living in film, television and theater. He has had recurring roles on the television shows Heroes, Gilmore Girls, Becker and Brooklyn Bridge, as well as over 200 guest appearances on such tv shows as Dirty Sexy Money, Grey s Anatomy, CSI, Without a Trace, JAG, Saved By the Bell, ER, and others too numerous to mention. Besides being a founder of ACT OF COMMUNICATIONS, Katherine James has appeared in regional theater and television shows including Beverly Hills 90210, Empty Nest, Picket Fences, Family Ties, LA Law, Moonlighting and many more. For more information about the speakers, visit actofcommunication.com/aboutus.html October is Skill Building Month at CLE Institute Learn the ins and outs of understanding, interpreting and analyzing two of the most important financial documents -- balance sheets and income statements at the October 11 th program, Accounting for Lawyers. Understanding these important documents is particularly critical for attorneys who: have clients with collection matters involving a trade receivable; represent creditors committees in bankruptcy or debtors in bankruptcy proceedings; are involved in matrimonial disputes hinging on equitable distribution or maintenance awards; are involved in matters where business valuations are key issues; represent parties in mergers and acquisitions; are involved in matters evaluating the viability of real estate transactions, and many more Writing for a legal journal or other legal publication is very different from writing a legal brief or memoranda. Yet getting published is a great way to raise your profile in your area of expertise, bolster your resume and even use as a marketing tool. Join a panel of experts including William Ferullo, Counsel, Trusts and Estates Magazine, Susan Lipp, Editor in Chief, Trusts and Estates Magazine, Paramjit Mahli, SCG Legal PR Network, Elliott Scheinberg, Esq. and Elaine Song, Legal Editor, New York Law Journal, ALM for How to Write a Journal Article. Learn how to submit a proposal that gets noticed by the journal editors without falling through the cracks, as well as the tips and techniques you need to submit an article in publishable form. Hear directly from the editors of two prestigious legal publications, as well as from an accomplished writer and author of numerous journal articles and legal treatises. For more trips on business development, see the article by Paramjit Mahli on Preparing for Media Interviews. NYCLA s Construction Law Committee will co-sponsor Construction Risk Management on Monday, October 17. Learn how to navigate the complex dynamics of the construction risk environment, especially in light of today s volatile nature. A panel of experts will discuss the risks that construction contractors bear, the nature of construction defect and other litigation, the risks of unintended gaps in insurance coverage, the different types of construction insurance and bonding and much more. Join a panel of experts on October 25 th as they discuss How to Handle a Wage and Hour Case -- the fastest growing type of employment claim today. Topics to be covered include: an overview of the direction of wage and hour cases; nuts and bolts of both NY Labor Law and Fair Labor Standards Act; tips and techniques for practicing before relevant agencies; identifying wage and hour issues; common mistakes employers make; tips for vetting the claims; individual claims vs class actions and joinder issues; conducting discovery; damages and much more!

4 Preparing for Media Interviews Press interviews require poise, confidence and planning. Find out how to make yours run more smoothly with these tips. Good publicity is literally something you can t buy. Law firms of all sizes are realizing this and are more than ever before willing to incorporate public relations into their business development and marketing objectives. However, depending on the size of the firm, where they often fall short is having words and actions that are not aligned. For example, many smaller law firms have office managers wearing multiple hats, or hiring inexperienced people. Given today s economy, with firms scrutinizing every dollar spent, looking for short cuts may be cost effective in the short term but in the long term opportunities will be missed and mistakes made. Some of the biggest mistakes include: Expecting to see the story before it goes to print. Restricting the reporter as far as what questions can be asked. Stating what questions will not be answered. Setting a time limit for how long the lawyer will be available for the interview. Law firms don t control when and how the story will look once the editors have finished the editing process BUT what they can control is the press interview itself. Being prepared for a press interview will reduce the risk of being misquoted and help the lawyer look his or her best.. When reporters conduct interviews, they are looking for a few things. 1) Direct quotes, which infuse a human voice and add a sense of life to an article. 2) Background information, which will help reporters understand the subject matter. 3) Supporting material that will be used in the story, but not directly quoted. Communicating effectively to the news media hinges on confidence. For the interview to be a win/ win, the lawyer has to relay that information effectively and with a strategy in mind. Even highly educated, knowledgeable professionals often fear gotcha questions, not knowing enough about the subject matter or possibly freezing before the camera. But the truth is reporters tend to be generalists and don t know a whole lot about any particular subject. They seek credible sources because they add credibility to their reporting. Therefore, as long as you are prepared you can answer all the questions with confidence and express yourself without trepidation. Here s a checklist of tips to improve interviews: Do your homework. When it comes to preparing for media interviews, knowing the publication s name alone won t cut it. To make a good impression lawyers should know the finer points as well, including the audience of the publication; who the reporter is, and what type of tone and style is used. Knowing this information will help you tailor your approach and impress the writer. Lawyers have to be careful when reporter deadlines are tight, since reporters cannot change deadlines. Simplify. Hone your messages to a few key points. Note very little of the interview will be used, so lawyers must be very clear on what they want to communicate. During the interview nothing is off the record. Lawyers should never say anything they wouldn t want to be quoted about as those are usually just the juicy tidbits that will end up in print. Lawyers should make every effort to answer every question. Avoid using phrases such us no comment, as you will seem evasive. If there is a legitimate reason for not answering a question, simply state that you cannot answer it and give the reason. Flag key points. When you re speaking, let the reporter know you re about to make key points by flagging it with a phrase such as, the key point is... or it s critical to remember. This helps ensure that the journalist won t miss your key points while making notes about something less important you just said. Use bridges to take control of the interview. It is likely for a reporter to ask a thorny question. Answer it, but do bridge it to a message you want to convey, such as, Yes, but have you considered or No, but we ve managed to solve that problem by... Use metaphors. Lawyers need to understand that people relate more to stories than to the facts. Avoid using legal jargon. You won t impress the reporter with your legalease. Metaphors, stories and anecdotes all help to illustrate and simplify message points. Be interesting. The more passionate you are, the better the story. Remember that the reporter is the pipeline to your audience. Help the reporter tell the best story possible. Be ready to go off-topic. During the interview, don t be surprised if a reporter asks a totally unrelated question. If a reporter asks something can t answer immediately, say you ll get back to him or her later, and do so promptly. Avoid jargon. Avoid the use of industry jargon and acronyms. Your mission is to convey information. If your listeners have to decipher industry-speak, you ll lose their attention and they may miss a key message. Do offer to help the reporter once the interview is complete. Once editors read the stories they often have questions that reporters have to reach out to their original sources for clarification or more information. This may not happen every time but the courtesy goes a long way. Finally, remember it is NOT the reporter s job to make the lawyer and firm put its best foot forward. Due diligence is the responsibility of the law firm pr professionals. The more planned and prepared you are the less the risk of being misquoted. If your starting your public relations initiatives join the Legal PR Network for FREE. Paramjit L. Mahli is with The Rainmakers Roundtable, a source of business development for lawyers who no longer want to experience the cycles of feast or famine and are ready to grow their businesses with clarity and ease. is ceo@therainmakersroundtable.com or pmahli@scglegalprnetwork.com. For more information visit us on Facebook: facebook.com/rainmakersroundtable or Blog:

5 Want to Be a Mentor? Need Someone to Mentor You? In January 2010, NYCLA s Task Force on Professionalism in conjunction with the CLE Institute launched a pilot mentoring program. The program was formally adopted by the NYCLA Board a year later and, since that time, the mentees have had the opportunity to meet one-on-one with experienced attorneys, attend networking events and customized CLE programs and become active NYCLA committees. Each mentee is mentored by an experienced attorney with a goal toward enhancing the experience of the junior attorney in the legal profession. After an extensive matching up process, each of the mentees is assigned a mentor who serves as a coach, sounding board for ideas, strategist for personal development and a resource on how to navigate the legal profession in New York. The Program also seeks to enhance professionalism by introducing the mentees to programs and services available at NYCLA, including committee membership, forums, professional development and other programs, pro bono opportunities and trainings, CLE classes and social events. Through a series of both structured and informal events, the Mentoring Program also supplements the 1:1 relationship with CLE programs and informal monthly get-togethers, providing the mentees with the opportunity to network with their peers, other mentors and the Mentoring Program s Advisory Board. The next Mentoring Program session will begin in January Experienced attorneys seeking to give back to the legal community are encouraged to apply to serve as mentors. Many mentors agree that they have learned from their young colleagues as well. NYCLA members admitted to the New York State bar between two and six years may apply to be accepted in the 2012 Mentoring Program. Applications can be downloaded from the NYCLA website beginning on October 3. More information about the Program and both mentor and mentee applications are available on the NYCLA website at Join us for an informational session about NYCLA s Mentoring Program on October 12 in Room 5 on the fourth floor. RSVP to csamuels@nycla.org. NYCLA CLE Institute Partners with MarinoLegal to Provide On-line CLE and Webinars NYCLA s CLE Institute is pleased to announce that it has partnered with MarinoLegal, a company which has been educating thousands of lawyers since 1946, to stream many of its high quality video lectures online as well as host simulcast on-line webinars of select live NYCLA programs. Currently there are approximately 45 NYCLA programs being offered on-line, with plans to double that amount by the end of the year, as well as cost effective multicourse packages. Be sure to check both the org and MarinoLegalcle.com websites for dates and times of simulcast webinars. This on-line partnership will continue to raise the visibility of NYCLA s outstanding, content taught by our unsurpassed faculty from the bench, bar, government agencies, academia and the corporate sector, both inside and outside New York State and even throughout the world. Attorneys can access NYCLA s CLE programs on the web from the NYCLA homepage, by clicking on the MarinoLegal icon. You can also access the NYCLA materials directly by going to marinolegalcle.com.

6 NYCLA CLE Institute October 2011 Registration Form Please check your program(s) of choice: The Great Employment Debate Monday, October 3, 2011; 5:30 PM 9:00 PM 4 MCLE Credits: 0.5 Ethics; 1.5 PP; 2 Skills; Transitional and Nontransitional NYCLA Member: $100 Non-member: $150 Also the session D in four evening Bridge the Gap. Ethical Issues in Elder Law and Special Needs Planning Tuesday, October 4, 2011; 6:00 PM 8:00 PM 2 MCLE Credits: 2 Ethics; Transitional and Non-transitional NYCLA Member: $75 Non-member: $125 Fair Pay Act Tuesday, October 6, 2011; 6:00 PM 8:00 PM 2 MCLE Credits: 2 PP; Transitional and Non-transitional NYCLA Member: $50 Non-member: $75 Public Sector/Non-profit Attorneys: $25** Accounting for Lawyers Tuesday, October 11, 2011, 6:00 PM -- 9:00 PM 3 MCLE Credits; 3 Skills (also NJ*) NYCLA Member: $125 Non-member: $175 Federal Criminal Practice Institute Thursday, October 13 (Kickoff Cocktail Reception) 6:00 PM 9:00 PM Friday and Saturday, October 14 and 15, 2011; 9:00 AM 5:00 PM 17 MCLE Credits: 3 Ethics; 7 Skills; 7 PP; Transitional and Nontransitional (also NJ*) Complete Program NYCLA Member: $255 Non-Member: $355 Public Sector/Non-profit: $50** Single Day NYCLA Member: $175 Non-Member: $275 I would like to attend: * Program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for CLE credit. See for the specific credit breakdown. **A business card will be required at registration to confirm status Construction Risk Management Monday, October 17, 2011, 6:00 PM - 9:00 PM 3 MCLE Credits: 2 PP; 1 Skill; Transitional and Non-transitional NYCLA Member: $125 Non-Member: $175 How to Write a Legal Journal Article Getting It Accepted, The PR Benefits and Navigating the Copyright Issues Tuesday, October 18, 2011; 6:00 PM 8:00 PM 2 MCLE Credits: 2 Skills; Transitional and Non-transitional (also NJ) NYCLA Member: $35 Non-member: $55 SPECIAL EVENT: Developing Interviewing Skills That Really Work Wednesday, October 19, :00 PM 8:30 PM* *A networking reception will precede the program; CLE credit is NOT available for this program NYCLA Member: $10 Non-Member: $15 Law Students: FREE Register early Space is limited! Acting for Lawyers : Developing the Necessary Storytelling Skills to Be An Effective Advocate Thursday, October 20, 2011: 6:00 PM 9:00 PM 3 MCL:E Credits: 3 Skills; Transitional and Non-transitional (also NJ*) NYCLA Member: $125 Non-member: $175 How to Handle a Wage and Hour Case Tuesday, October 25, 2011; 6:00 PM 9:00 PM 3 MCLE Credits: 1 Ethics; 1 Skills; 1 PP; Transitional and Nontransitional NYCLA Member: $125 Non-member: $175 Ethical Issues Confronted During Litigation Wednesday, October 26, 2011; 6:00 PM 8:00 PM 3 MCLE Credits: 3 Ethics;Transitional and Non-transitional NYCLA Member: $75 Non-Member: $125 All Live classes are Transitional and Non-transitional unless indicated and are held at NYCLA, 14 Vesey Street, New York, NY Name Firm/Employer Address City State Zip Phone ACCREDITED PROVIDER STATUS: New York County Lawyers Association is currently certified as an Accredited Provider of continuing legal education in the State of New York and the State of New Jersey. PROGRAM CREDIT FOR OTHER MCLE STATES: Many states with MCLE requirements will grant continuing legal education credits for our programs. Please contact the appropriate State CLE Administration Office for information. Check enclosed in the amount of $ (payable to NYCLA) Charge my: VISA MasterCard AMEX Discover Amount $ Exp. Date Card No. Signature Join NYCLA prior to registering and receive member discount. REFUNDS/TRANSFERS: Please check our website for complete refund and transfer policy. ENTRANCE AND FACILITIES FOR THE DISABLED are available. Please call at least one day in advance to make arrangements: (212) TUITION ASSISTANCE: Tuition assistance is available by application for qualified attorneys. Consult our website for application and submission procedure. Please return to: NYCLA 14 Vesey Street New York, NY Attn: CLE Institute Fax: Order online at Call ext. 215