N44th Street TES · 2005. 3. 7. · (Padilla v. Rumsfeld, Rasul v. Bush, and Hamdan v. Rumsfeld). After his nomination was announced, we wrote directly to Judge Gonzales setting forth

N TES44th Street

The Association of the Bar of the City of New York

INSIDE

Dynamics of aSuccessful Retirement

Nowadays, with all the legalobstacles new immigrants must facein the wake of 9/11, it wouldn’t hurtto have a lawyer with the brains of anuclear engineer.

Enter Dr. Henri M. Gueron.Gueron is a recent retiree who vol-unteers three days a week at theCity Bar Fund’s Refugee AssistanceProgram, where he works exclusive-ly on asylum cases and has success-fully represented 10 applicants andtheir families from many far-flung

countries, such as Tibet, Colombia,Bangladesh, the Congo, Liberia,Albania, Uzbekistan, Kyrgyzstanand Georgia. Gueron, whose tirelesswork frequently takes him to INShearings and immigration court, iscurrently working on two cases.

A native Parisian, Henri Gueronimmigrated to America some 40years ago and graduated from M.I.T.with a doctorate in nuclear engineer-ing. Con Edison hired him in 1974,not as a lawyer, of course, but as anengineer and utility executive. Heeventually, became the utility’sdirector of nuclear fuel and coal

supply. Not content with thisresponsibility, he took advantage ofCon Edison’s employee educationprogram and put himself throughFordham Law School at night,where he took his law degree in1993 at the respectable age of 57.

After working 20 years as anuclear engineer for Con Ed,Gueron branched out to become asenior attorney at Con Edison, spe-cializing in intellectual property law,energy law, and contracts until hisretirement in 2001.

March 2005Vol. 20, No. 3 N TES

44th Street


Post-Retirement Pursuits Open Up New Worlds

Human Rights and Due Process:Gonzales Nomination Focuses Spotlight

Table of Contents

T he recent confirmationhearings on AlbertoGonzales’ nomination toserve as attorney general

provided an opportune time to bringinto focus the government’s purport-ed legal justification for a series ofpolicies developed in the post-9/11environment. A series of legalmemoranda, originally kept secretuntil they were leaked, and eventually made public by theAdministration, supported the policies. While most deal with howthe government should treatdetainees in the “war on terrorism,”some arguments go to the basic lim-its of presidential power.

This Association has been activein challenging the legal argumentsadvanced in these memoranda andin court briefs filed by the govern-

ment in response to suits brought onbehalf of detainees seeking dueprocess. We addressed these issuesin amicus briefs filed in three casesinvolving challenges by personsdetained as enemy combatants(Padilla v. Rumsfeld, Rasul v. Bush,and Hamdan v. Rumsfeld).

After his nomination wasannounced, we wrote directly toJudge Gonzales setting forth ourquestions and concerns regardingthese memoranda, the legal argu-ments they espouse and his role indeveloping the administration’slegal positions in these areas. Wethen helped brief Senate JudiciaryCommittee staff and members onthe legal aspects of these issues forthe confirmation hearings. Whilemany of the questions we framedwere asked during the hearings,

Judge Gonzales avoided confrontingthe issues raised, except to say hedid not support torture (a stancearticulated by President Bush). Thelegal positions, except for some inthe now infamous – and laterretracted – August 2002 JusticeDepartment memo, which attemptedto limit the liability of U.S. person-nel for committing torture, have notbeen retracted. Rather, they remainin effect as support for the adminis-tration’s approach to detainees andnational security policy. There hasbeen widespread criticism that thesepolicies not only lack clarity regard-ing how detainees should be treated,but also have brought worldwideshame upon us because of the lackof decency in that treatment.

Program Highlights

Continued on pg 4.

Continued on pg 2.

3/1Elderlaw Project Pro BonoTraining . . . . . . . . . . . . . .7

3/24United Nations: Proposalsfor the 21st Century . . . .9

CLE . . . . . . . . . . . . . . . .12– Hedge Funds -

Current Developments 3/3

– The IRS’s New “Tax ExemptCompensation EnforcementProject” 3/7

– Check 21: What You Need To Know 3/21

“Lawyers’ retirement pursuits run the full spectrum,” said Ed Labaton, chair of the ABCNY Senior Lawyers

Committee. The Association has many challenging and rewarding programs for senior lawyers who are notinterested in full-time retirement. Several enthusiastic “retirees” recently shared their experiences with 44th

Street Notes.

by Bettina B. Plevan, President

NEW COMMITTEE REPORTS . . .3

PLAN YOUR RETIREMENT . . . . . .5

ASSOCIATION SERVICES . . . . . .6

CALENDAR OF EVENTS . . .7-10

EVENT SPOTLIGHT . . . . . . . . .9– A Look Ahead to the

New Congress 3/7

CITYBAR CENTERFOR CLE . . . . . . . . . . .11-18

COMMITMENT TO DIVERSITY . .19– Designing an Assessment Plan

for Your Firm

THE CITY BAR FUND . . . . . .20– Unbundled Legal Services

2005 CCardozo LLecture

“Academic FFreedom”Wed. MMarch 223, 77 ppm

To bbe ddelivered bby Lee CC. BBollinger,

President, CColumbia UUniversity.See page 9 for details.

Human Rights and Due Process

2

Continued from pg.1

The essence of the BushAdministration’s argument regard-ing detainees is that:

• The Geneva Conventions are “obsolete” and “quaint” in the words of Mr. Gonzales. The administration’s interpretation of the Conventions departs from U.S. policy of the last half centuryand from the common understand-ing of the international community.

• The U.S. is no longer limited byits own long-standing policy toabide by the full range of prohibi-tions against torture and cruel,inhuman and degrading treatmentset forth in the GenevaConventions and the ConventionAgainst Torture and Other Cruel,Inhuman or Degrading Treatment.

• U.S. personnel engaging in torturemay be able to assert a defense ofnecessity – that the torture was“necessary” to prevent future terrorist attacks.

• The U.S. may detain any personidentified by the president as an“enemy combatant.” Anyone, including American citizens, can be so labeled and detained, including, as the Justice Department admitted in a recent oral argument, a “little old lady”who gives money to a charitable

• organization she believes helps orphans without realizing the government has identified it as

supporting terrorism. These detainees essentially exist in a “noman’s land” of law, unprotected by either domestic or international law. Therefore, the argument goes, they have no rights. They have no right to counsel, to be brought up on charges, to access the courts or to escape indefinite commitment. Indeed, the non-citizen detainees may be tried by military commissions under the sole control of the Executive Branch and sentenced to death without recourse to the Judicial Branch (if they are acquitted by the commissions, they may still be detained indefinitely). Any “privileges,” such as a status hearing or meeting with counsel, extended to the detainees, the argument goes, are provided solely at the President’s discretion.

• The final peg of the argument is that U.S. laws and treaties ratified by the U.S. would be unconstitu-tional if applied to limit presidential authority in treating detainees and in undertaking military operations more generally. As we wrote to Judge Gonzales, “{t}his novel view runs counter to well-settled interpreta-tions based on constitutional history, structure, and text, not

• least of which are grants of author ity to Congress under Article I,” and ignores the frame

work for balance of power established by the Supreme Court. The president’s assertion of such Article 2 power is of particular import in the current situation, as the war on terrorism has no limited battlefield and would seem to have no end.

Judge Gonzales has notrenounced any of these policies. Incontrast, this Association argued, inour brief in Hamdan, that at leastminimal protections of the GenevaConventions do indeed apply to allpersons detained during an armedconflict, irrespective of POW status.Common Article 3 of theConventions has attained the statusof customary international law, andprovides basic rights to all personsso detained, including freedom fromtorture and the right to a hearingwith basic legal protections beforebeing sentenced. The ConventionAgainst Torture also applies and notonly covers torture but other cruel,inhuman or degrading treatmentdespite contrary arguments adheredto by the administration for months.[In a December 30th memo, theadministration retreated from twoparticularly indefensible legal argu-ments it had made: that treatmentcan only constitute torture if it caus-es pain equivalent to losing anorgan or of similar severity, and thatsomeone committing torture can beexonerated as long as his or her

specific intent was to obtaininformation.]

While the U.S. must be vigilant,we do not believe the 9/11 attacksjustify the abandonment of basicprinciples of human rights and dueprocess. Detainees should have theprotection they are entitled to underU.S. and international law, includ-ing, as eight of the nine SupremeCourt Justices said in Hamdi v.Rumsfeld, the right of access tojudicial process to challenge theirdetention. The continued resistanceof the government to this decision isone policy the attorney general hasthe power to change.

The new attorney general, as thenation’s chief legal officer, shouldbe the prime exponent of these basicprinciples. We must look to him to defend our liberties. We hopeJudge Gonzales will rise to thisresponsibility.

JAYNE BIGELSENEDITOR

MATT KOVARY ASSOCIATE EDITOR

MARK SCHWARTZ ART DIRECTION /LAYOUT

ARLENE MORDJIKIANPRODUCTION ASSISTANT

SHARON MACNAIR ADVERTISING(212) 382-6630

BARBARA BERGER OPOTOWSKYEXECUTIVE DIRECTOR

Printed on recycled paper44TH STREET NOTES (ISSN 10791019) is published monthly except July and Augustfor $25 per year by The Association of theBar of the City of New York, 42 West 44thStreet, New York NY 10036-6689.Periodicals postage paid at New York NY.Postmaster: Send address changes to 44TH

STREET NOTES, 42 West 44th Street, NewYork NY 10036-6689. For subscriptioninformation, please call (212) 382-6695.

www.abcny.org

N TES44th Street

ABCNY Members: To change your address, please contact (212) 382-6665 or [email protected]

Nominees for Association Offices & Committees

The following candidates have been nominated for the Association's various offices and committees. Those electedwill be announced at the Annual Meeting of the Association on May 17, 2005. Pursuant to By-law XXIII, othernominations must be posted no later than April 1, 2005.

PresidentBettina B. Plevan

Vice PresidentsBarbara S. JonesBarry M. KaminsCarlos Ortiz

SecretaryCyrus D. Mehta

TreasurerJames L. Lipscomb

Executive CommitteeClass of 2007Joseph Hill

Executive CommitteeClass of 2009Cathleen A. ClementsBarbara S. GillersJeh C. JohnsonJames A. Yates

Audit CommitteeLaurie Berke-WeissAllan L. GropperMarcia E. Simms

Nominating Committee(for election to five positions)Jane E. BoothZachary W. CarterEvan A. DavisLeroy Frazer, Jr.Hector GonzalezBruce A. GreenJoan GuggenheimerBarbara JaffeGregory P.N. JosephEdwina F. Martin

344TH STREET NOTES MARCH 2005

Bankruptcy and Corporate ReorganizationProposed Revisions to 11 USC Section 365(c)(1) The proposed revisionswould amend section 365(c)(1) to differentiate between limited, generallyaccepted instances where a trustee cannot assume or assign an executorycontract or unexpired lease and the instances where assumption is permit-ted but assignment is prohibited without consent. This amendment wouldend confusion and the recording of disparate decisions on a debtor’s rightsto assume or assume and assign a contract where assignment is prohibitedby applicable law.

Crisis Managers and Disinterestedness Under the Bankruptcy Code. Thisreport addresses the situation in which a company hires a crisis manager tohelp avoid filing for bankruptcy or to prepare for such a filing, but may beunable to retain the crisis manager after the bankruptcy filing because ofthe stringent “disinterestedness” requirement of Bankruptcy Code section327(a). The report analyzes the current state of the case law, discusses theattempts of some courts to permit crisis managers to be retained after thefiling, and proposes legislative changes to the statutory definition of disin-terestedness which would permit crisis managers to be retained as profes-sional persons despite previous service as officers or directors.

Bankruptcy and Corporate Reorganization, Uniform State LawsLetter to the New York State Legislature recommending that theLegislature repeal New York’s existing fraudulent transfer statute andreplace it with a statute based on the Uniform Fraudulent Transfer Act(UFTA). The letter goes on to reason that the existing statute is based onthe Uniform Fraudulent Conveyance Act (UFCA), which was promulgat-ed in 1918, and only four states including New York still base their fraud-ulent transfer statute on the UFCA. By enacting a fraudulent transferstatute based on the UFTA, New York would have a statute that was moremodern and practical and would promote uniformity among the states.

Civil Rights, International Human Rights, International Law,Military Affairs and JusticeLetter from the Association President to Alberto Gonzales expressing theAssociation’s concern with regard to several legal positions taken by theUnited States government in connection with the September 11 attacks.The policies causing concern include legal justifications for extreme inter-rogation techniques, unduly limited application of the GenevaConventions to the “war on terrorism”, the use of military commissions totry enemy combatants, the transfer of prisoners to countries that practicetorture and the assertion of presidential authority to ignore statutes andtreaties in pursuing the “war on terrorism”.

Civil Rights, Federal Courts, International Human Rights,International Law, Military Affairs and JusticeAmicus Brief: Hamdan v. Rumsfeld. The brief, filed with the United StatesCourt of Appeals, District of Columbia Circuit, argues that the GenevaConvention applies to the conflict in Afghanistan. The brief makes thecase that Hamdan, a foreign national captured in the Afghan conflict, isentitled to the protections afforded a prisoner of war, until his status isdetermined in a proceeding, and in any event is entitled to the protectionsof Common Article 3 of the Geneva Conventions. Common Article 3protections include basic judicial safeguards such as the right to be presentat trial, the right to cross examine adverse witnesses, the right to prompt,

judicial proceedings and the right to be tried by an independent andimpartial tribunal.

International Commercial Dispute ResolutionProposed amendment of the New York Civil Practice Law and RulesSection 7502(c) to permit attachments and preliminary injunctions inconnection with national and international arbitrations. The report arguesthat New York law regarding the authority of the courts to issue the provi-sional remedies of orders of attachment and preliminary injunction incases involving arbitration is inconsistent, contrary to the prevailing rulein effect in other jurisdictions and seriously out of date. New York is oneof the world’s major centers for national and international arbitration yetNew York law fails to give its courts authority in this area, prejudicing therights of New York citizens and companies. The proposed amendmentwould extend the court’s current authority to issue provisional remedies indomestic arbitrations to include all arbitrations, including internationalarbitrations.

International Human RightsLetter to the International Commission on Inquiry on Darfur expressingconcerns about serious violations of international human rights andhumanitarian law that have been committed in Darfur, including warcrimes and crimes against humanity. The letter urges that the U.N.Security Council refer the situation in Darfur to the InternationalCriminal Court to ensure that justice is done.

Judicial Administration, Election Law, Government EthicsComments to the Office of Court Administration with regard to proposedrules addressing judicial elections. The proposed rules would establishjudicial qualifications commissions to evaluate judicial candidates andmake other changes with regard to judicial elections and campaigns. Thecomments made a number of recommendations with regard to the pro-posals, and stressed the Association’s concern that the shortcomings of thejudicial election process run too deep to be significantly improved by theestablishment of these qualifications commissions. The comments notedthe Association’s long-time support for selection of judges by a meritappointment process and, until that is achieved, its support of a process bywhich political parties would establish independent committees thatwould recommend only three persons per vacancy, from which the partieswould pledge to choose their candidate.

Matrimonial LawAmicus Brief: Chen v. Fischer. The brief filed, with the New York Courtof Appeals, urges the court to hear an appeal of this Appellate Division,Second Department decision, the practical effect of which is to make join-der of all interspousal torts in divorce proceedings mandatory. Mandatoryjoinder will cause divorce cases to be more protracted and more adversari-al. The brief states that if Chen is left to stand it will increase the numberand complexity of contested divorces in New York; lead to discovery abus-es in matrimonial cases; result in increased cost to divorce litigants; pro-long divorce litigation; and have a harmful effect on domestic violence vic-tims, as they are the group most likely to have a personal injury cause ofaction against their spouse.

NEW COMMITTEE REPORTS

Continued on pg 10.


“Law is something I came to rather late in mycareer,” says Gueron, who joined the City BarAssociation in 1994. “The practice of law is aprecise and very well-framed activity thatattempts to be as logical as science. The require-ment of clarity is common to both fields,” heconfides.

“As my retirement age approached, I knew Iwanted to continue my work as an attorney. Iread about the City Bar Fund’s Public Interestprograms in the Association’s newsletter [44thStreet Notes]. Carol Bockner [ the Fund’sDirector of Pro Bono Initiatives] arranged severalinterviews for me, including one with LaurisWren, who was at the time the Director of theRefugee Assistance Program, and I signed up.Since then, I have had the good fortune ofachieving a seamless transition from a very ful-filling career to a fascinating, post-retirementinvolvement in a new area of law.”

SmallBusinessAdvocate

“Most attorneys areoverachievers. We dothings to build ourresumes,” said IdelleHowitt. After a fast-track career in government, bankingand finance, she

retired to Florida at age 50, when her Wall Streetappraisal firm merged with another company.

While continuing to write and lecture on taxand employee benefits law, she said, “I was sur-rounded by people significantly older than I was.They would say, ‘Lord, if only I were 60 again, I would do this and that.’ So I came back to New York.”

Volunteering through the City Bar Fund’sPublic Service Network, she teaches small busi-ness ownership to people on public assistance. While looking for professional leads, Howitt hastaken up stone carving. “I’m working insidetiger’s eye alabaster,” she explained. “You stare

at it for awhile, to get a vision of what’s insideyour stone. You become completely absorbed inwhat you’re doing.”

One Foot in the OfficeFor James Nespole, retirement would mean

living his dream as a “gym rat,” and writing mystery novels in Venice, Italy. He is, however,in the “step down” program at Fulbright &Jaworski, where he is a partner. “In a past life Iran litigation for the City of New York,” he said.The $100-million cases he handles at Fulbrighthave taken him to South Africa, England, France,Texas and the American West.

Nespole will still attend to his firm, but plansto take classes at Columbia University next yearand spend more time with his four grandchildren.“Fulbright’s clients are institutionalized,” heexplained. “You build relationships over the manyyears. You’ve got to move away gradually.”

MentoringYoungAttorneys

Retirement is athird career for KayMurray. First aresearcher and collegeteacher with a mas-ter’s degree in psy-chology, she wasadmitted to the Bar atage 41 and served 22years as general coun-sel to the New York City Department of JuvenileJustice.

Besides coordinating a mammogram van atthe Harlem Community Courthouse for Judgesand Lawyers Breast Cancer Alert, she is a direc-tor of the New York Bar Foundation. She sits onthe board of her co-op complex, a “naturallyoccurring retirement community” with fitness,health and social activities for long-time residents.

Mentoring young attorneys is her primefocus. She serves on City Bar’s C. BainbridgeSmith Fund scholarship committee and on theBoard of Visitors at Columbia Law School. As amember of the Character and Fitness Committeeof the First Judicial Department, she interviewsapplicants for admission to the bar.

“My husband mentored me. We were Barjunkies,” recalled Murray, whose late husband,Archibald, was president of the State BarAssociation and head of The Legal Aid Society.“Years ago we began inviting students and facul-ty and lawyers and judges to our home to helpthe students. I still run into successful lawyerson the subway or on the street who rememberthat we helped them start out.”

Russia’s Business ClimateDennis Hawkins

and Roger Pugh helpcourageous attorneysbuild entire legal sys-tems in the formerSoviet Union. BothHawkins and Pughobserved that theentrenched system ofgovernment corruptionin former Soviet coun-tries discourages for-

eign investors. “All you can do is encourage andassist these newly independent countries, but theyhave to decide what to do for themselves,” said Pugh.

Hawkins spent most of 2004 handling projects for the American Bar Association’sCentral European and Eurasian Law Initiative. “Our Kiev office is around the corner fromIndependence Square,” he said. “I could lookdown the block and see hundreds of thousands ofopposition people with orange banners, singing,winning the attention of the world community forthe Ukraine.” Hawkins said.

A former teacher of the emotionally handi-capped, he attended St. John’s Law School atnight. He went on to head the rackets division inBrooklyn for District Attorney Charles “Joe”Hynes and worked for NYPD Internal Affairsbefore retiring at age 55. He also served as coun-sel to the executive secretary of the City Bar.

“I wanted to teach something on corruption,but I didn’t have the necessary Ph.D.,” heexplained. Despite that, Hawkins received an e-mail from the National Center for State Courts,seeking someone to work with a new anti-corrup-tion unit in Mongolia. They sent me there inJanuary, 2003, in minus-20-degree weather. Itwas incredible; I was smitten. So I went toGeorgia before the Rose Revolution. In Serbia, Itrained the judiciary on how to handle a high pro-file case – a trial for folks who had assassinatedthe prime minister.”

Just about every August, Roger Pugh and hiswife Joanne would take their five children to liveabroad, often in a developing country likeMexico, Sudan or Kenya. Roger, a corporate andsecurities partner at Edwards & Angell, and thenat Donovan Leisure Newton & Irvine, loved totravel. “When I discovered perhaps a little naive-ly that I was going to be encouraged to retire in1992,” he saw an article in the Times about olderPeace Corps volunteers.

Post-Retirement Pursuits Open Up New WorldsContinued from page 1.

Henri M. Gueron

Idelle Howitt

Roger Pugh

Kay Murray

44TH STREET NOTES MARCH 2005 5

With so much knowledge of business devel-opment, he was shocked when a 25-year-oldinterviewer rejected him. He and Joanne, anNYU M.B.A., finally qualified with help fromtheir congressman. Sent to Paraguay, theyadvised a savings and loan co-op and helped theParaguayan-American Institute build revenuestreams.

Back in the United States, Pugh served as anassistant city corporation counsel, until the cou-ple, through Washington, D.C.-based FreedomHouse, joined American Volunteers inInternational Development. Assigned to Riga,Latvia, on the Baltic Sea, they advised 13 non-governmental organizations on strategic planningand fundraising. Joanne picked up consultingjobs, and Roger followed her, coordinating international monitors for Ukrainian elections forthe National Democratic Institute. “Volunteeringis like looking for a job,” Pugh advised.

“You have to connect with Western law firms anduniversities. Talk to people.” For example, at apublic swimming pool in Croatia, he struck up aconversation with a man who turned out to be theU.N. High Commissioner for Refugees. That ledto plum assignments.

Never Too Late To Realize Your Dream

Steve Hammerman’s resume includes stintsat Dewey Ballantine, the U.S. Attorney’s officeand Paul, Weiss, Rifkind, Wharton & Garrison.He was regional administrator for the Securitiesand Exchange Commission. He became generalcounsel and vice-chairman at Merrill Lynch. Hewas in their World Financial Center offices onSept. 11, 2001.

“That day, I made a decision to go back intolaw enforcement to try to help with the terroristsituation. I told [incoming Police Commissioner]Ray Kelly that I don’t care, I’ll do anything.” Atthe end of 2004, Hammerman, 67, retired afterthree years from his dollar-a-year post as NYPDdeputy commissioner for legal matters.

“I had too much fuel and energy that wouldhave been wasted if I had retired after MerrillLynch,” he said. “This department is so diverse,so ecumenical. It’s amazing, but it’s 10 hours aday, 6 days a week, at least, and I’m married tomy best friend. My wife started a program forwomen with disabilities at the Hospital for JointDiseases. We’re going to devote more time tohelp disabled people obtain new chances.“I’ve been so fortunate in my life, but 50 yearsago, I was totally crestfallen. I was a gymnast. Icould do 200 pushups, but the Police Departmenttold me I was too short for them. I got even. Igot my dream by finally getting in here.”

W hen acting State Supreme CourtJustice Paula J. Omanskyreached mandatory retirementage at the end of 2004, word

spread that she planned to take Hebrew and vio-lin lessons. “Not to achieve any proficiency,” shemused, “just to learn how to get all those gor-geous sounds out of four strings. It’s alwaysbeen a mystery to me.”

Also required to retire at 70, acting JusticeJohn A. K. Bradley signed up for classes in digi-tal photography at the New School. Consideringhis penchant for trekking to places like a MountEverest base camp, updated picture-taking skillswill come in handy. Besides visiting Bali, Java,India and Mount Rainier in 2005, he will alsoserve as a per diem judicial hearing officer,supervising jury selection at 60 Center Street.“You get conflicting advice about retirement,”said Bradley. “They say that you can’t go towork full time and suddenly stop. But also, thatyou shouldn’t tie yourself up right away, becauseall kinds of new possibilities will come to you.The thrust of it, I believe, is that you’ve got toremain active.”

Bradley credited the Association’s annual pro-gram on retirement planning for helping him.

“The program digs beneath the surface to helpattorneys nearing retirement age to deal withsome of the options and problems that spring upwith a life-cycle change,” said Edward Labaton,chair of the Senior Lawyers Committee and asenior partner at Goodkind Labaton Rudoff &Sucharow.

“In the legal world in the last 20 years, aquiet revolution that no one’s talking about hastaken place at virtually all of the large firms andsome small and medium ones,” Labatonexplained. “They’re requiring attorneys, evenpartners, to retire, as early as age 63. Some arepermitted to be of counsel. But still, many feelthey’re at the peak of their powers. They aren’tat all ready to stop working.”

Even when generous retirement packageswith substantial lifetime benefits and an officeand secretarial assistance are included, he said,“it eases the pain, but some lawyers still are dis-satisfied with having to retire at this point in theircareers.”

Labaton, an avid squash player who himselfworks “a two-thirds schedule” at his firm, saidthere are tremendous opportunities to do part-time legal work for charitable, arts or other non-profit institutions, or as dollar-a-year employees

in government. Others can teach or launch newcareers apart from law. Financial planning, hesaid, is critical.

“Our goal is to connect senior lawyers withtheir interests,” explained Doris Keeley, secretaryof the committee who is retired from Citibank.“Networking is crucial and we’re a conduit forinformation.”

The Senior Lawyers Committee meets once amonth. It provides one-on-one mentoring for students at Martin Luther King Jr. High Schooland sponsors an extremely popular series of pub-lic affairs luncheons and special events.

Post-Retirement Pursuits Open Up New Worlds

Plan Your Retirement:Senior Lawyers Committee Offers Ageless Advice

SAVE THE DATERetirement: Fresh Challenges

& OpportunitiesMay 25, 2005

The 2005 retirement program, sponsored by the

Senior Lawyers’ Committee, will be held at

Association on May 25th at 5 p.m. The line-up

includes a psychotherapist, a money management

advisor, an Association staffer knowledgeable about

pro bono opportunities and a prominent guest

speaker to share retirement experiences.


T ired of hanging out in the law school student lounge? Why notvisit the City Bar instead. The Association, which has more than1,500 law student members, is conveniently located on West 44thStreet, where it offers educational programs for lawyers and the

public most evenings.Law school can be a difficult and confusing time. In addition to the

pressures of a daily curriculum, there is also the pressure of charting acareer. How do you know what practice area you want to work in? Wherecan you network? How do you get to know and talk to practicing attorneys?The answers to these questions may be found at the Association, whichoffers full annual memberships to law school students for only $25. The feealso entitles members to have full access to the Association’s Law Library,the largest private law library in the country.

Our Committee on Law Student Perspectives understands that lawschool cannot possibly teach you everything a young lawyer needs to knowabout day-to-day practice, so the committee seeks to enhance the law schoolexperience through the programs it offers at the Association. To do this, thecommittee plans a number of programs on what it is really like to practicein a particular area of law. (See winter/spring 2005 programs listed atright.) These programs give students an insight to a practice area that theycannot gain from reading the course casebook. Annually, the committeepresents a program on “The Art of Schmoozing,” which teaches valuablenetworking and communication skills not often found in law school.

Another career enhancing opportunity available to law student membersis to join one of the Association’s committees. Becoming a committeemember is an excellent way to meet and get to know practitioners in thatfield. These contacts, and the relationships that may develop, can be invalu-able to the young lawyer. If you are interested in learning more about thelaw student member program please visit our website at www.abcny.org andclick on the Law Student page.

Upcoming Programs of Interest to Law StudentsA Look Ahead to the New Congress:What to Expect, How to Stay InformedMonday, March 7, 20058:30 - 10:00 am

Career Opportunities In Labor & Employment Law:A Panel Discussion for Law StudentsThursday, March 10, 20056:30 pm - 8:30 pm

Careers In New Media and Internet Law:A Panel Discussion for Law StudentsTuesday, March 15, 20056:30 pm - 8:30 pm

ASSOCIATION SERVICES

The City Bar Association, A Place for Law Students to Relax and Study

1 Tuesday, 6-8 pm

Catholic Judges and theDeath Penalty:

A Conversation with theHon. Guido CalabresiThe third part of this three-part serieswill explore the legal, social, and ethi-cal questions which arise whenCatholic judges bring their religiousvalues and perspectives to bear ontheir role in death penalty cases.Judge Calabresi serves on the U.S.Court of Appeals for the SecondCircuit and is former dean of YaleLaw School. A reception will follow.Please Note: This program will takeplace at Fordham University Schoolof Law, 140 West 62nd Street,Rooms 430 B and C, New York, NY.

Co-sponsored by:Fordham University School of LawInstitute of Religion, Law &Lawyers' Work; The Guild ofCatholic Lawyers of the Archdioceseof New York; The St. John'sUniversity Catholic Lawyer

For more information and to register byMonday, February 28, please contactAmy Uelmen, Dir., Institute onReligion, Law & Lawyer's Work at(212) 636-7328 or email [email protected]

1 Tuesday, 6-9:30 pm

Elderlaw Project Pro BonoTrainingThe Elderlaw Project provides low-income seniors with free legal servicesin various areas of law, includinghealth care, wills and public benefits.One-on-one legal clinics and on-sitecommunity forums provide clientswith important information and

assistance. This orientation and train-ing program is for attorneys interest-ed in volunteering at our on-site legalclinics for the elderly or taking a probono case. Volunteers will learn thebasics of benefits for older NewYorkers and how to prepare simplewills, health care proxies, powers ofattorney and living wills. Attorneyswho attend the training are expected,within one year, to volunteer at twolegal clinics, or accept three caseassignments, or prepare and executeone basic will for a homebound sen-ior. In the event that an attendeefails to satisfy the volunteer require-ment, he or she will be charged forthe cost of the training ($165 formembers, $255 for non-members).CLE credit will be provided. Creditbreakdown TBA.

Moderator:VIVIENNE DUNCAN Program Director, Elderlaw Project,City Bar Fund

Speakers:ALICE HERBAssistant Clinical Professor of FamilyPractice and Associate at Law, SUNYHealth Science Center at Brooklyn

MARTIN PETROFFLamson & Petroff

STEVEN RATNERLaw Offices of Steven M. Ratner

Spaces are limited and are filled on afirst-come, first-served basis. For moreinformation, please contact OliviaHerman, Program Coordinator, at:[email protected].

7 Monday, 8:30 - 10 am

A Look Ahead to the NewCongress: What to Expect,How to Stay Informed andHow to be HeardHigh-level Washington insiders willshare their insights on the newCongress and what to expect onissues ranging from class action andmedical malpractice, to the SupremeCourt, Social Security, the PatriotAct, and the economy.

Speakers:REPRESENTATIVE JERROLD NADLER (D-NY)Member, House Judiciary Committee

BERNARD NUSSBAUMWachtell, Lipton, Rosen & Katz; for-mer White House Counsel toPresident Clinton

BENJAMIN GINSBERGPatton, Boggs LLP; national counselto the Bush-Cheney presidential cam-paign

TAMERA LUZZATTOChief of Staff to Senator HillaryClinton

TERENCE SAMUELChief Congressional Correspondent,U.S. News and World Report

CHRISTINE VARNEYHogan & Hartson; former Federal Trade Commissioner

To RSVP, please go to www.abcny.org.

7 Monday, Noon-2 pm

ADR LUNCHEON

The Promise ofTransformative Mediationin Corporate America The transformative mediation modelis often associated with resolving con-flicts in the family law arena.However, this conflict resolution the-ory may also hold great promise forcompanies that want to foster goodworking relationships and enhanceproductivity and morale within theirbusiness organizations. Our panel ofexperts will describe what transforma-tive conflict theory is, how it hasbeen successfully applied in corpora-tions and other large institutions inthe past and how the approach mayhelp to support the goals of yourorganization in the future.

Moderators: STEPHANIE MORSE-SHAMOSHFirst Vice President, UBS FinancialServices, Inc.

FAITH WUAttorney-Mediator

Speakers: PROF. ROBERT A. BARUCH BUSHInstitute for the Study of ConflictTransformation, Inc., Hofstra LawSchool

SALLY POPE, M.Ed., J.D.Fellow, Institute for the Study ofConflict Transformation, Inc.

Registration by March 2 is necessary.The fee, which includes lunch, is $20for members; $30 for non-members.Please register on page 10 or online atwww.abcny.org.


Unless otherwise noted, programs are free of charge; open to all members, their guests and the general public; and held at the House ofthe Association. Program information is subject to change. Please check our website at www.abcny.org for the latest program information.

March 2005 Calendar of EventsABCNY

8 Tuesday, 9-10 am

SMALL LAW FIRM EVENT

Having a Website is LikeHaving a Business CardPlease join the Committee on SmallLaw Firms for a presentation on theimportance of having a website. Thediscussion will include why youshould have a website and how tobuild an effective site to grow yourpractice.

Speaker:JUDY MINESTAG Online, Inc.

There is no fee for this event and coffeewill be served.

8 Tuesday, 6:30 - 8:30 pm

Diversity Pitfalls:Becoming a Leader in theWorkplace Despite thePolitics of Race, Gender,Religion and SexualOrientationThrough interactive role playing andthe use of multimedia presentations,a panel of employment and laborpractitioners will offer their expertadvice in handling issues such asharassment and disparate treatmentin the workplace. This program isdesigned to provide career develop-ment for attorneys at all stages intheir careers, as well as substantiveguidance for the employment lawattorney.

Introduction: DANIEL SILVERMANSkadden, Arps, Slate, Meagher &Flom LLP

Moderator:NATALIE HOLDER-WINFIELDQuest Educational Initiatives

Speakers:ABIGAIL PESSENMediation Services

JONATHAN GARDNERGoodkind, Labaton, Rudoff &Sucharow LLP

JUSTIN SWARTZOutten & Golden LLP

10 Thursday, 12:30-2 pm

SMALL LAW FIRM LUNCHEON

Saving Time and MoneyBy Avoiding the AvoidableInterruptionThis will be a discussion of the bene-fits of thinking ahead. By setting upprocedures and taking certain steps toavoid a problem, you can preventevents that will keep you from gettingyour work done. The program willalso discuss the benefits of planningfor less than catastrophic events, suchas not being able to physically getinto your office, or what happens ifthe electricity goes off.

Moderator:CAROL A. SEELIG Professional Practice ManagementAdvisor

Speakers:KATHLEEN LUCEYMontague Technology Management,Inc.

PHYLLIS WEISS HASEROTPractice Development Counsel

GREG WILLIAMSAkin Gump

WILLIAM BELMONTThe Belmont Group, LLC

JEFF LEVINEThe System Shop

Supported by LexisNexis.

Registration by March 3 is necessary.The fee, which includes lunch, is $20for members, $30 for non-members.Please register on page 10 or online atwww.abcny.org.

10 Thursday, 6:30-8:30pm

Career Opportunities InLabor And EmploymentLaw: A Panel DiscussionFor Law StudentsThis program for law students willfocus on how to prepare for a careerin labor and employment law. Thetopics discussed will include: distinc-tions between labor and employmentlaw; distinctions between the repre-sentation of management, employees,and unions; and the intersection oflabor and employment law with otherpractice areas. Panelists will also dis-cuss the various settings in whichattorneys can practice labor andemployment law. A networkingreception will follow and refresh-ments will be served.

Moderator: DARRELL S. GAYCoudert Brothers LLP

Speakers:HANAN B. KOLKOMeyer, Suozzi, English & Klein, P.C.

JULIE B. KRASNOGORKrasnogor & Krasnogor LLP

OMAR T. MOHAMMEDICommissioner, New York CityCommission on Human Rights; TheLaw Firm of Omar T. Mohammedi

LAURIE N. ROBINSONAssistant General Counsel, CBSBroadcasting, Inc.

11 Friday, 6 pm

FRIDAY EVENING CHAMBER

MUSIC AT THE ASSOCIATION

Modern Chamber Musicfor ClarinetsThis program will include Poulenc'sSonata for Two Clarinets and hisSonata for Clarinet & Piano;Webern's Quartet for Violin,Clarinet, Tenor Saxophone & Piano,Op. 22; Hiyoku's Sonata for TwoClarinets; and Martinu's Serenade forViolin, Viola, Cello, and TwoClarinets. Mary Beth Fenlaw and

Mark Lopeman, clarinets. Also per-forming are Clare Detko, violin;Katherine McHale, viola; Irene tenCate, cello; and Ted Shapiro, piano.

Admission is $10 at the door. For more information, please call (212) 788-1093.

15 Tuesday, 6:30-8:30 pm

Careers in New Media andInternet Law: A PanelDiscussion for LawStudentsThis program for law students willfocus on how to prepare for a careerin New Media and Internet Law.The panelists will first define anddescribe these practice areas, then dis-cuss their experiences, potential careeropportunities, and the best way toprepare for opportunities in thesefields. A networking reception willfollow and refreshments will beserved.

Moderator:ARLENE C. CHASESr. Director/Business & Legal Affairs,Sony BMG Music Entertainment

15 Tuesday, 6:30-8:30 pm

Associate RoundtableDiscussion Series The Committee on Recruitment andRetention of Lawyers invites femaleassociates to discuss their concernsand thoughts about attorney reten-tion issues at the Committee's inau-gural Associate RoundtableDiscussion Series. Various partnersand senior level attorneys from NewYork City firms will moderate theroundtable discussions. Attendance isfree and is limited to the first 50attorneys who express interest inattending the session.

For more information, please contactHazel-Ann Mayers, at (212) 846-4774or [email protected].

ABCNY March 2005 Calendar of Events

8 44TH STREET NOTES MARCH 2005

16 Wednesday, 8:30-10 am

Staging a CareerComeback: Getting Pastthe Red Flag on YourRésuméBeen away from practice for a while?Got a gap on your résumé that needsexplaining? Trying to re-tool to anew practice area or setting? Thisinteractive panel is designed to helpyou position yourself for a successfulcareer comeback. Speakers willaddress the challenges of "makingyour case" as a candidate, includingwriting effective cover letters andanswering tough interview questions.

Moderator:GIL ALLISONSenior Vice President, CareerConsulting, Right ManagementConsultants

Speakers:ARI A. KATZLegal Recruiting Manager, BinghamMcCutchen LLP

SANG J. LEEPresident, SJL Attorney Search

Registration by March 11 is necessary.The fee, which includes breakfast, is$10. Please register on page 10 oronline please visit www.abcny.org

19 Saturday, 8 pm

Lawyers’ Orchestra Early Spring ConcertThe program will include Liszt, LesPreludes; Saint-Saens, Concerto forPiano No. 2 in G minor, Op. 22(Debra Takakjian, piano); Beethoven,Symphony No. 6, Op. 68(“Pastorale”) with David Bernard,Music Director and Debra Takakjian,piano. Please note: The program willtake place at the Pope Auditorium,113 West 60th St. at Columbus Ave., Manhattan.

Admission is $15 ($10 for seniors/ stu-dents at the door. For more informa-tion, please call (212) 788-1093 or goto www.lawyersorchestra.org

23 Wednesday, 7 pm

2005 Annual Benjamin N.Cardozo Lecture“Academic Freedom”Lee C. Bollinger, the President ofColumbia University, will deliver theAssociation's annual CardozoLecture. The topic of the lecture willbe “Academic Freedom.”The Cardozo Lecture was establishedin 1941 in remembrance of formerSupreme Court Justice Cardozo's"love for the law, passion for justice,and sympathy for humanity."

A reception will follow.

To register, email [email protected] call (212) 382-6660.

24 Thursday, 7 pm

The United Nations:Proposals for the 21stCenturyA discussion on the reform of theUnited Nations as it approaches itssixtieth anniversary.

Moderator:ELIZABETH F. DEFEISProfessor of Law, Seton HallUniversity School of Law

LINDA FASULOUN Correspondent, NBC News;longtime contributor, National PublicRadio; author, An Insider's Guide tothe UN (Yale University Press)

HON. PATRICK F. KENNEDYUnited States Ambassador,Representative for United NationsManagement and Reform, UnitedStates Mission to the United Nations

STEPHEN STEDMANResearch Director, High-Level Panelon Threats, Challenges & Change,Office of the Special Adviser, UnitedNations

RUTH WEDGWOODEdward B. Burling Professor ofInternational Law and Diplomacy;Director of the International Law andOrganization Program, The Paul H.Nitze School of AdvancedInternational Studies, The JohnsHopkins University

29 Tuesday, 6:30 pm

The Relevance ofInternational CriminalJustice in Today's World What is the International CriminalCourt? How can criminal justice beachieved internationally? Post-AbuGhraib, can the ICC make a differ-ence? Join noted international lawexperts Philippe Kirsch and RuthWedgwood for a conversation on therole of the International CriminalCourt in our world today.

Moderator:DAVID STOELTINGChair, Committee on African Affairs

Speakers:PHILIPPE KIRSCHPresident, International CriminalCourt

RUTH WEDGWOODEdward B. Burling Professor ofInternational Law and Diplomacy;Director of the International Law andOrganization Program, The Paul H.Nitze School of AdvancedInternational Studies, The JohnsHopkins University

Co-sponsored by:Canadian Consulate General

31 Thursday, 6:30 pm

Is Permanent PublicFunding of Legal ServicesAchievable in New York?A Panel DiscussionWelcoming Remarks:HON. JUANITA BING NEWTONDeputy Chief Judge of JusticeInitiatives and Administrative Judgeof the NYC Criminal Court

BETTINA B. PLEVANPresident of the Association of theBar of the City of New York

Panelists: DAVID GRUENBERGformer Counsel, NYS SenateJudiciary Committee

DWIGHT LOINESPolitical Director, Region 9 of the UAW

LILLIAN MOYExecutive Director, Legal Aid Societyof Northeastern New York, Chair,NYSBA Committee on Legal Aid

HON. JAMES MCGUIREformer Counsel to Governor Pataki

HON. JAMES YATESformer Counsel to Assembly SpeakerSheldon Silver

Co- Sponsored by Legal Services forNew York City and the Legal AidCommittee of the New York StateBar Association.


ABCNY March 2005 Calendar of Events

Have you ever wonderedwhat kind of backroomdeals go into the finalcopy of a bill? Do you

hear “social security is a priority,”then “It’s a red herring—they’repushing tax reform” and wonderwho’s right? As the member of apreeminent bar association, youhave the legal expertise, but are youconcerned that you don’t know thesystem well enough to effectivelyvoice your opinion on the issues?

On March 7th the Association’sFederal Legislation Committee ishosting an event that will endeavorto answer your questions. At “ALook Ahead to the New Congress:What to Expect, How to StayInformed and How to be Heard,” adistinguished panel of Washingtoninsiders (listed on pg. 7) will be discussing issues including: classaction and medical malpractice;Social Security Privatization; possi-ble Supreme Court nominees andthe Patriot Act. Join us for thisinformative event beginning at 8:30a.m. at the house of the Association.

Monday, March 7, 20058:30 - 10 am

A Look Ahead to the NewCongress: What to Expect,How to Stay Informed andHow to be Heard

EVENT SPOTLIGHT

9


PresidentStatement with Respect to Release or Transfer of Detainees atGuantanamo. The statement referred to press reports suggesting the U.S.intends to release hundreds of detainees from Guantanamo and noted thatto the extent prisoners are to be released or transferred to other govern-ments, such action is subject to the limitations of applicable U.S. law,including treaties, with regard to turning over the detainees to nationswith a reputation for torture.

State Courts of Superior JurisdictionLetter to the Administrative Justice, Supreme Court of the First JudicialDistrict, Civil Term commenting on the current draft of proposed rules forthe Commercial Division. The letter expresses concern that several of theproposed rules would require judges to rule that a party has waived rightseven in situations where such waiver would be too harsh, leaving thepenalty of waiver too extreme and falling unduly on the party rather thanthe attorney.

Continued from pg 3.

New Committee ReportsAssociation reports are available online at www.abcny.org. Or, you may order reports by writingto the Director’s Office, calling (212) 382-6624, or emailing [email protected]. Please be sureto include the committee name when making your request.

Association President Betsy Plevan testifying at a New YorkState Assembly hearing on the death penalty held at the Houseof the Association on January 21st. Betsy was joined by JeffreyKirchmeier, Chair of the Association’s Capital PunishmentCommittee. Betsy reiterated the Association’s strong oppositionto the death penalty. However she also warned that if the deathpenalty is to resume, specific revisions of New York law andprocedure are needed to reduce the likelihood of the executionof the innocent. The testimony was based on a report by theAssociation’s Capital Punishment Committee which can befound on our website at www.abcny.org.

Association PresidentTestifies at Death PenaltyHearing

Please return this form to: Meeting Services, Association of the Bar, 42 West 44th Street, New York, NY 10036-6689. Please make checks payable to the Association of the Bar. If registering for additional persons, duplicate this form.

❐ ADR Luncheon - March 7❐ $20 Member ❐ $30 Non-Member

❐ Small Law Firm Luncheon - March 10❐ $20 Member ❐ $30 Non-Member

❐ Staging a Career Comeback... - March 16❐ $10

Name: __________________________________

Address: ________________________________

_______________________________________

City: ___________________________________

State:____________________Zip:____________

Phone: _________________________________

Number of Reservations: ___________________Total Enclosed: $________________

Please charge to my:❐ Mastercard ❐ Visa ❐ American Express

Card Number: ___________________________

Expiration Date: __________________________

Signature: _______________________________

March 2005Registration FormABCNY


1 2REAL ESTATE 6-9 p.m.Basics of Real Estate Lending3 credits

3CORPORATE & SECURITIES9-1 p.m.Hedge Funds - CurrentDevelopments in Operating &Regulatory Issues4 credits

4

7NON-PROFIT ORGANIZATIONS6-9 p.m.The IRS’s New “Tax ExemptCompensation EnforcementProject:” What Non-ProfitsNeed To Know3 credits

8 9 10ELDER LAW6-9 p.m.Fundamentals of Medicaid &Long-Term Care Planning3 credits

See March 17 for Part II.

11

14LEGAL WRITING9-4:45 p.m.Real World DocumentDrafting: Form, Style andSubstance7 credits

15ENERGY LAW9-12 p.m.Hot Topics in Energy Law:Legal & RegulatoryDevelopments3 credits

16TAX & ACCOUNTING6-9 p.m.Income & Estate Tax Aspectsof Life Insurance3 credits

17ELDER LAW6-9 p.m.Current Issues in Medicaid &Long-Term Care Planning- Part II3 credits

18

21COMMERCIAL LAW6-9 p.m.Check 21: Business, Legal &Regulatory Perspectives onCheck Processing in the 21stCentury3 credits

22PRODUCT LIABILITY6-9 p.m.Navigating the Labyrinth ofComplex (IncludingMultidistrict) ProductLiability Litigation3 credits

23FAMILY LAW

6-9 p.m.Advising Lesbian, Gay,Bisexual and Transgender(LGBT) Clients on ProtectingTheir Families andRelationships3 credits

24CORPORATE & SECURITIES

9-1 p.m.Introduction To The Deal:What’s Involved In A BankFinancing?4½ credits

25

28ETHICS6-9 p.m.Ethics for the ImmigrationLawyer3 credits

29CRIMINAL LAW6-9 p.m.Truth or Consequences:Growth and Development ofFederal Criminal Fraud LawEnforcement3 credits

30LEGAL WRITING

6-9 p.m.Discovery of ElectronicEvidence: What You Need toKnow With Respect toDiscovery of PaperlessDocuments3 credits

31

Monday Tuesday Wednesday Thursday Friday

CityBar Center for CLEMarch 2005

CLE Course Calendar

Cancellations & RefundsFor live programs & video replays, refunds &program credits are available provided cancel-lation is made in writing & received by theCityBar Center prior to the program. A $25administrative fee will be charged for allrefunds. The cancellation fee will be deducteddirectly from the refund. For program creditsno administrative fee will be charged.Program credits must be used within one yearof the original program date. Cancellationsmust be in writing & faxed to the CityBarCenter at (212) 869-4451. Refunds & programcredits are not available for the purchase oftapes, CDs, DVDs, course materials or onlineprograms.

12

21 Monday, 6-9 p.m.

Check 21: Business, Legal &Regulatory Perspectives onCheck Processing in the 21st

Century

Check 21, short for the Check Clearing for the21st Century Act, took effect on October 28,2004. This program will explore the process ofcheck clearing established by the new federallaw, and the practical effect of this law for banksand their customers. This course will explainmajor concepts and terminology used in thestatute and implementing regulations, includingthe new Check 21 warranties, indemnities andrecredit rights. It will also provide a glimpse atchallenges faced by banks, large and small, inimplementing the new law, and will glance intoissues that may be faced by bank customers, cor-porate or consumer, when they write checks.

Program Co-chairs: WILLIAM KLIMASHOUSKYCitibank, N.A.

SOPHIA R. VICKSMANFederal Reserve Bank of New York

Faculty:LLOYD G. HARRISVice PresidentJPMorgan Chase Bank

STEPHANIE A. HELLERCounsel & Vice PresidentFederal Reserve Bank

HENRY V. WYSOCKISenior CounselThe Clearing House Payment Company L.L.C.

CLE Credit: 3 credits in professional practice/ practice management. This program providestransitional credit for newly admitted attorneys.

Live Program:$185 Member, $285 Non-member

3 Thursday, 9-1 p.m.

Hedge Funds--CurrentDevelopments in Operating &Regulatory IssuesNew rules and SEC enforcement activity hasmade the field of hedge funds increasingly com-plex. This program covers current developmentsin hedge funds and brings together leadingexperts in the field to discuss among other thingsSEC enforcement issues and the new registrationrequirements. Operating issues including con-tractual disputes and trading systems, and rulesand regulations related to forming and operatinghedge funds will be presented by individualsfrom leading investment firms. The program willalso touch on a variety of interesting topicsincluding how to avoid problems in the enforce-ment environment and the best practices for pro-tecting hedge funds from liability.

Program Chair: N. ADELE HOGAN Cravath, Swaine & Moore LLP

Faculty:STEPHANIE R. BRESLOWSchulte Roth & Zabel LLP

DAVID N. BROOKSFortress Investment Group LLC

NORMAN B. CHAMP IIICo-Chief Operating Officer & General CounselChilton Investment Company, Inc.

GARRETT I. FILLERGeneral Counsel & Managing DirectorEllington Management Group LLC

RUTH S. GOODSTEINSenior Vice PresidentUBS Financial ServicesAlternative Investment Group

JOHN G. GAINEPresidentManaged Fund Association

NORA M. JORDANDavis Polk & Wardwell

PATRICK McCARTYCommodities Futures Trading CommissionHeadquarters Office

ROBERT E. PLAZEAssociate DirectorSecurities and Exchange Commission

ROBERT VAN GROVERSeward & Kissel

CLE Credit: 4 credits in professional practice/practice man-agement. This program provides transitionalcredit for newly admitted attorneys.


24 Thursday, 9-1 p.m.

Introduction to the Deal:What's Involved in a BankFinancing?This program will introduce lawyers to thebasics of what to expect in a bank financing, forcorporations and other business entities. A fac-ulty of experienced practitioners will explain theissues that arise in a bank financing, including anoverview of the credit process, structuring, whatconstitutes secured or unsecured loans and thecircumstances under which they occur, timingconsiderations, due diligence procedures,financing statement searches, real estate issues,including environmental surveys and practicalpointers in getting a financing deal signed andclosed. This program will address the concernsof both the lender's and the borrower's counsels.

Program Chair: BRUCE P. LEVINEBuchanan Ingersoll, P.C.

Faculty: JILL R. MINDLINSchulte Roth & Zabel LLP

MILAN K. TYLERPhillips Lytle LLP

CRAIG D. ZLOTNICK Otterbourg Steindler Houston & Rosen, PC

CLE Credit: 4½ credits total: 2 skills, 2 professional practice/practice management & ½ ethics. This programprovides transitional credit for newly admittedattorneys.


CLE March 2005Course Listings by Practice Area

COMMERCIAL LAW CORPORATE & SECURITIES



29 Tuesday, 6-9 p.m.

Truth or Consequences: Growthand Development of FederalCriminal Fraud LawEnforcementPost-Enron, there has been substantial attentionpaid to federal securities fraud prosecutions.The panoply of federal fraud statutes, however,extends far beyond just the world of securities.Numerous other federal statutes, covering, forexample, mail, wire, bank, healthcare, andERISA fraud (to name just some) have continuedin their development and remain important toolsfor federal prosecutors. An understanding of theexpansion and development of these fraud pros-ecution tools is important to attorneys prosecut-ing or defending individual and corporate actorsalike. It is critically important that business people, executives, accountants, and their coun-sel (both in-house and at outside law firms) beable to identify, and promptly and appropriatelyhandle, conduct that may be regarded as "fraud-ulent" under one or more federal statutes. Thisprogram will examine the growth and recentdevelopment of federal criminal fraud laws.

Program Chair: ANDREW D. KAIZERWilmer Cutler Pickering Hale & Dorr LLP

Faculty:ELKAN ABRAMOWITZMorvillo, Abramowitz, Grand, Iason &Silberberg, P.C.

DANIEL R. ALONSOChief, Criminal DivisionU.S. Attorney's Office, Eastern District of New York

MARK G. CALIFANOChief Legal CounselIndependent Inquiry Committee into the UnitedNations Oil for Food Programme

GARY P. NAFTALISKramer Levin Naftalis & Frankel LLP

LYNN A. NEILSChief, Major Crimes UnitU.S. Attorney's Office, Southern District of New York

PAUL L. SHECHTMANStillman & Friedman, P.C.

CLE Credit: 3 credits total: credit breakdown to be deter-mined. This program provides transitional cred-it for newly admitted attorneys.


2 MEDICAID PROGRAMS:

The Fundamentals of Medicaidand Long-Term Care PlanningThursday, March 10, 6-9 pm

&Current Issues in Medicaid andLong-Term Care PlanningThursday, March 17, 6-9 pmAre your elderly family members or friends con-cerned about paying for the exorbitant costs oflong term care? Is there a way to ensure thatthey receive quality long-term care while havingthe opportunity to preserve assets for their lovedones? Is the answer Medicaid, Medicare, Long-Term Care Insurance? What must be done tomake the costs of long-term care affordable andwhat steps can clients take to maximize assetpreservation in the face of long term care costs?What if the client is incapacitated? A panel ofexperts in Elder Law will address these timelytopics at this two-part seminar. The first pro-gram will focus on the basics and the secondprogram will cover current topics.

CLE CreditBoth Programs:6 credits in professional practice/practice management.Each Program:3 credits in professional practice/practice management. These programs providetransitional credit for newly admitted attorneys.

SAVE UP TO $115 BY REGISTERING FORBOTH PROGRAMS

Both Programs:$315 Member, $455 Non-member

Individual Program$185 Member, $285 Non-member

15 Tuesday, 9 - 12 p.m.

Hot Topics in Energy Law:Legal & RegulatoryDevelopments

This program will alert new and experiencedpractitioners to the watershed of activity seen inthe energy markets, ranging from legal and reg-ulatory initiatives on the state and federal levelto dramatic developments in the financial arena.An experienced faculty comprised of prominentlegal practitioners as well as regulatory staff willdiscuss the following:

• Development of Renewable PortfolioStandards in NY State

• Implementation of the FERC's Standards ofConduct

• New York State and regional energy relatedissues

• What the Rating Agencies are doing• Merchant Financing: can this project be saved?

Program Chair:JOHN L. CARLEYAssistant General Counsel Consolidated Edison Company

CLE March 2005 Course Listings by Practice Area

CRIMINAL LAW

ENERGY LAWELDER LAW



Faculty:BARBARA S. BRENNER Couch White, LLP

CARL HOEMKE Managing DirectorStandard & Poor's

MARC RICHTERAssociate General CounselConsolidated Edison Company

SAM M. LANIADORead & Laniado, LLP

ANDREA WOLFMANThelen Reid & Priest LLP

PROFESSOR ELEANOR STEINAlbany Law School

KATHERINE KENNEDYSenior AttorneyNatural Resources Defense Council Inc.

CLE Credit: 3 credits total: 2 ½ professional practice/prac-tice management & ½ ethics. This program pro-vides transitional credit for newly admittedattorneys.


28 Monday, 6-9 p.m.Ethics For The ImmigrationLawyer

This program will focus on common ethicalissues that arise in both business-based and fam-ily-based immigration law. Experienced practi-tioners will examine a variety of ethical situa-tions that arise in actual day-to-day practices.Additionally, hypothetical situations will be usedto address typical ethical issues that immigrationlawyers face. Every effort will be made to give

those attending the knowledge and tools neces-sary to address such issues before they becomeethical dilemmas and to help prevent situationsthat would require discontinuance of representa-tion or more serious problems.

Program Co-Chairs: ALLEN E. KAYELaw Offices of Allen E. Kaye, PC

NANCY H. MOROWITZFragomen, Del Rey, Bernsen & Loewy, LLP

DAN R. SMULIANThe New York Immigration Coalition

Faculty:ROBERT E. JUCEAMFried, Frank, Harris Shriver & Jacobson LLP

HAL R. LIEBERMANHinshaw & Culbertson

MICHAEL D. PATRICKFragomen, Del Rey, Bernsen & Loewy LLLP

ELLEN YAROSHEFSKYClinical Professor of LawExecutive Director, Jacob Burns Ethics CenterBenjamin N. Cardozo School of LawCounsel, Hinshaw & Culbertson

CLE Credit: 3 credits in ethics. This program provides tran-sitional credit for newly admitted attorneys.


23 Wednesday, 6-9 p.m.

Advising Lesbian, Gay, Bisexualand Transgender (LGBT)Clients on Protecting TheirFamilies and Relationships

Individuals in LGBT relationships lack manyprotections automatically afforded to those whoenjoy the benefits of heterosexual marriage andmust take proactive steps to safeguard their fam-ilies' interests. This seminar will explore the

documentation necessary and useful forstrengthening the legal protection for all parties,including children. The program will discusscustody and adoption, estate and financial plan-ning as well as dissolution issues. The programwill also explore the legal ramifications forLGBT couples who married in other jurisdic-tions but continue to reside in New York.

Program Co-chairs:LISA R. BADNERCounselNew York City Equal Employment Practices

Commission

CHRISTOPHER J. COLLINSProskauer Rose LLP

Moderator:PROFESSOR EDWARD D. STEIN Associate ProfessorCardozo School of Law

Faculty:ERICA BELLWeiss, Buell & Bell

BONNIE E. RABINCohen Hennessey Beinstock PC

DEAN SPADEThe Sylvia Rivera Legal Resource ProgramUrban Justice Center

JAY WEISERAssociate Professor of LawZicklin School of Business, Baruch College

ERIC I. WRUBELDobrish & Wrubel, LLP

Co- sponsored with: Lesbian, Gay, Bisexual and Transgender LawAssociation of Greater New York (LeGaL)

CLE Credit: 3 credits total: 3 credits in professional practice/practice management. This program providestransitional credit for newly admitted attorneys.


ETHICS FAMILY LAW



Discovery of ElectronicEvidence: What You Need ToKnow With Respect ToDiscovery Of PaperlessDocuments

Document discovery rules designed for the dis-covery of paper documents leave many ques-tions unanswered with respect to the discoveryof paperless documents. Our panel will exploreissues being faced with respect to electronic evi-dence, including whether backup data must besearched and produced, whether embedded datamust be searched and produced as drafts,whether a waiver of privilege occurs when acomputerized database is produced, and whetherthe burden for the costs of such electronic dis-covery may be shifted to the requesting party.

Program Chair: STEVEN R. SCHOENFELDTorys LLP

Faculty: KERRY A. BRENNANPillsbury Winthrop LLP

HONORABLE JAMES C. FRANCIS IVUnited States Magistrate Judge

SETH D. KRAUSS Vice President, Regulatory GroupMorgan Stanley

R. JASON STRAIGHTManager - Legal Technologies ConsultingEastern United StatesKroll Ontrack

KENNETH J. WITHERSSenior Judicial Education AttorneyFederal Judicial Center

CLE Credit: 3 credits total: credit breakdown to be deter-mined. This program provides transitional cred-it for newly admitted attorneys.


14 Monday, 9-4:45 p.m.

Real World Document Drafting:Form, Style, and Substance

Document drafting is as important to the suc-cessful negotiation of a deal as the negotiationsessions themselves. Well-drafted legal docu-ments articulate the terms of the transaction, butalso protect and advance the client's interests,reduce the likelihood of disputes, and establishthe framework for successful business relation-ships. Document drafting is not intuitive. Eventhe best lawyers must use drafting techniquesthat clearly articulate their transactions, and eventhe best writers must integrate legal and businessconcepts to create effective contracts.

This program integrates the legal principles,skills, and experience related to negotiating anddrafting a range of contracts. It explores theunderlying principles of contract law that apply tospecific contract provisions and considers alterna-tive ways to resolve issues in the document nego-tiation process. The focus is on producing readi-ly comprehended legal documents that can serveas roadmaps for business relationships and canreduce the possibility of related litigation.

Throughout the day, the instructor will respondto participants' comments and questions. Thelast half-hour of the program will be devoted toa discussion of ethics and professional responsi-bility issues in document drafting.

Instructor: MARVIN GARFINKELWolf, Block, Schorr and Solis-Cohen LLP

Co-sponsored with: ALI-ABA

CLE Credit: 7 credits total: 6½ skills and ½ ethics. This pro-gram provides transitional credit for newlyadmitted attorneys. This program is approvedfor MCLE credit in other MCLE jurisdictions.


7 Monday, 6-9 p.m.

The IRS's New "Tax ExemptCompensation EnforcementProject”: What Non-ProfitsNeed To Know

In this environment of Sarbanes-Oxley andincreasing scrutiny of the compensation paid tocompany executives, federal and state regulatorsare now focusing on non-profit organizations. TheIRS has recently begun a major enforcementoperation "to identify and halt abuses by tax-exempt organizations that pay excessive compen-sation and benefits to their officers and directors."

An expert faculty of regulators, accountants andprivate practitioners will discuss how to deter-mine what constitutes "reasonable" compensa-tion for executives and board members of chari-ties, private foundations and other not-for-profitorganizations. The panelists will cover generalstandards for executive compensation, the law ofintermediate sanctions, eliminating the appear-ance of private inurement and the specific targetsfor IRS scrutiny beyond Forms 990, 1099 andW-2. This discussion may be of particular inter-est to those involved in setting compensation atnot-for-profit health and mental health organiza-tions, since some have been noted for payingtheir executives high salaries.

Program Co-Chairs: MARTHA L. GOLAR Senior AttorneyPort Authority of New York and New Jersey

DAVID G. SAMUELSPerlman & Perlman, LLP

GINGER TRUNKESPrincipal Court AttorneySupreme CourtAppellate Division, First Department

Faculty:PAUL R. DORF, Ph.D., APDManaging DirectorCompensation Resources, Inc.


LEGAL WRITING NON-PROFIT ORGANIZATIONS



16

WILLIAM F. GASKEPatterson Belknap Webb & Tyler LLP

ROBERT PIGOTTAssistant Attorney General and Section ChiefNew York State Department of LawCharities Bureau

JAMES E. ROCCOPrincipal ConsultantJames E. Rocco Associates, Inc.

FREDERICK H. ROTHMANDirector of Tax ServicesLoeb & Troper

DAVID M. ROTTKAMPLoeb & Troper

CLE Credit: 3 credits in professional practice/practice man-agement. This program provides transitionalcredit for newly admitted attorneys. Portions ofthis program may qualify for CPE credit.


22 Tuesday, 6-9 p.m.

Navigating The Labyrinth OfComplex (IncludingMultidistrict) Product LiabilityLitigation

The focus of this seminar will be on practicalsteps to assist the practitioner in the managing ofcomplex, including Multidistrict Litigation(MDL), products cases. Several timely subjectsrelated to products liability litigation will be dis-cussed, including the rapidly changing field ofpunitive damages. Decisions of major impor-tance, including State Farm, matters affectingNew York state and federal practice, and majorpublications, among other topics, will be covered. The presentation on experts will include expertretention, case management and discovery con-

siderations, Daubert developments, trial prepa-ration and demonstrative evidence, as well asemerging and future expert issues. Our discus-sion of experts will take into account state andfederal court distinctions, mass tort, class actionand individual case distinctions and testifyingversus non-testifying distinctions.

Removal decisions will be discussed, includingthose naming non-diverse defendants and thedoctrines of fraudulent joinder and fraudulentmisjoinder; removal of diversity-based casesmore than a year after commencement; removaldeadlines and ‘first served vs. later-served defen-dants’, evolving class action removal theoriesand, generally, removal traps and pitfalls for theunwary practitioner.

The program will also cover MDL, addressingsuch topics as trends in the siting of MDLs, coor-dination of federal MDL proceedings with statecases, when cases are not consolidated, denial oftransfer developments and the like. These MDLissues are of immense importance in today's han-dling of products and related litigation.

We will include judicial and academic perspec-tives on these timely topics.

Program Chair: WILLIAM J.A. SPARKSWR Grace & Co.

Faculty:LOREN BROWNDLA Piper Rudnick Grey Cary

HON. JOHN F. KEENANJudicial Panel on Multidistrict Litigation United States District JudgeSouthern District of New York

ALAN E. ROTHMANKaye Scholer LLP

CATHERIINE M. SHARKEYAssociate Professor of LawColumbia Law School

CLE Credit: 3 credits in professional practice/practice man-agement. This program does not provide transi-tional credit for newly admitted attorneys.



Basics of Real Estate Lending

This program will provide an overview of differ-ent kinds of real estate-related loans, includingmortgage portfolio loans, securitized loans andmezzanine loans; and will then review the basicsof mortgage lending from both the lender's andthe borrower's perspectives.

Program Chair: ELLEN L. SHAPIRO Katten Muchin Zavis Rosenman

Faculty:ANTHONY J. COLLETTASullivan & Cromwell LLP

FERDINAND J. GALLO III Katten Muchin Zavis Rosenman

CLE Credit:3 credits in professional practice/practice man-agement. This program provides transitionalcredit for newly admitted attorneys.

Live Program: $185 Member, $285 Non-member

REAL ESTATE

PRODUCT LIABILITY

The following program:

You Don't Practice CriminalLaw? So, What Do You Do If AClient Calls You In The MiddleOf The Night About A CriminalMatter?

has been re-scheduled for:

Thursday, April 28, 6-9 p.m.

See April’s 44th Street Notes for details.




Income & Estate Tax Aspects ofLife Insurance

Tax and life insurance are two areas with whichmany general practitioners might not feel com-fortable, so when a question deals with the taxa-tion of life insurance, it could be a double wham-my. This seminar will familiarize you with howpolicy surrenders and other amounts paid out dur-ing the insured's life are taxed; how death bene-fits are treated for federal income and estate taxpurposes; how employee benefits and buy-sellagreements utilizing life insurance can be struc-tured in a tax-wise manner; and many otherinsights into the interaction between the Internal

Revenue Code and life insurance policies andplanning. This will be an ideal introduction forthe general practitioner, and a valuable reviewand update for counsel who deal with these mat-ters on a more frequent basis.

Program Chair: THEODORE PAUL MANNO, JD, LLMMember of the New York Bar

Faculty: RICHARD S. SIMONSSolo Practitioner

ALLEN M. GRALITZER, LLM, CLU, ChFC,CLMIMember of the New York Bar

CLE Credit:3 credits in professional practice/practice man-agement. This program provides transitionalcredit for newly admitted attorneys.

Live Program: $185 Member, $285 Non-member

TAX & ACCOUNTING

These programs are presented under theauspices of the CLE Committee, Burton N.Lipshie, Chair, and the CityBar Center forContinuing Legal Education. Scholarships areavailable. Please call (212) 382-6663 foran application.

Is there a program you would like to attendor a speaker you wou ld l ike to hear?Please contact the CityBar Center with yoursuggestions.


Tapes are sold with the accompanying written materials from theprogram.Program materials can be purchased separately from the program. (CLEcredit may not be given for materials only.) Mandatory NYS sales tax isincluded in the purchase price for tapes and materials. All sales of tapes,CDs, DVDs and materials are final. Please allow 3-5 weeks after the pro-gram date for your order to be processed.

Please see our cancellations & refunds policy on pg. 11.

Advance registration is advised for live programs & video replays. An addi-tional fee of $25 will be charged for registrations received later than 3:00p.m. one business day prior to the program. For more information or toregister for a program visit our website at www.abcny.org, call (212) 382-6663, fax (212) 869-4451 or mail your registration to: CityBar Center forCLE, Association of the Bar, 42 West 44th Street, New York, NY 10036.

Name: ___________________________________________________________

Address: _________________________________________________________

City: _______________________________State: _______ Zip:_____________

Phone: ______________________________ Total enclosed: $ ______________

Please charge to my ❑ MasterCard ❑ Visa ❑ American Express

Card Number__________________________________ Exp. Date __________

Signature ________________________________________________________

All registrations must be prepaid by either credit card or a check made payable to: Association of the Bar.

MARCH 2005 CLE REGISTRATION FORM

❏ Basics of Real Estate Lending — March 2Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________❏ Hedge Funds - Current Developments — March 3Program ❏ $315 Member ❏ $455 Non-memberAudiotapes ❏ $405 Member ❏ $565 Non-memberCDs ❏ $425 Member ❏ $585 Non-memberVideotapes ❏ $525 Member ❏ $655 Non-memberDVDs ❏ $575 Member ❏ $725 Non-memberMaterials only ❏ $145 Member ❏ $225 Non-member_____________________________________________________________❏ IRS’s New “Tax Exempt Compensation Enforcement Project”— March 7Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________❏ Fundamentals of Medicaid & Long-Term Care Planning- — March 10Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________❏ Fundamentals of Medicaid & Long-Term Care Planning--March 10

AndCurrent Trends in Medicaid & Long-Term Care Planning--March 17

Program ❏ $315 Member ❏ $455 Non-memberAudiotapes ❏ $405 Member ❏ $565 Non-memberCDs ❏ $425 Member ❏ $585 Non-memberVideotapes ❏ $525 Member ❏ $655 Non-memberDVDs ❏ $575 Member ❏ $725 Non-memberMaterials only ❏ $145 Member ❏ $225 Non-member____________________________________________________________❏ Real World Documents Drafting —March 14Program ❏ $350 Member ❏ $450 Non-member_____________________________________________________________❏ Hot Topics in Energy Law — March 15Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________ ❏ Income & Estate Tax Aspects of Life Insurance — March 16Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________

❏ Current Trends in Medicaid & Long-Term Care Planning — March 17Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________❏ Check 21: What You Need to Know — March 21Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________ ❏ Navigating the Complex Product Liability Litigation—March 22Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________ ❏ Advising LGBT Clients on Protecting Their Families...— March 23Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________ ❏ Introduction to the Deal— March 24Program ❏ $315 Member ❏ $455 Non-memberAudiotapes ❏ $405 Member ❏ $565 Non-memberCDs ❏ $425 Member ❏ $585 Non-memberVideotapes ❏ $525 Member ❏ $655 Non-memberDVDs ❏ $575 Member ❏ $725 Non-memberMaterials only ❏ $145 Member ❏ $225 Non-member_____________________________________________________________ ❏ Ethics for the Immigration Lawyer — March 28Program ❏ $215 Member ❏ $315 Non-memberAudiotapes ❏ $325 Member ❏ $395 Non-memberCDs ❏ $345 Member ❏ $415 Non-memberVideotapes ❏ $415 Member ❏ $485 Non-memberDVDs ❏ $455 Member ❏ $535 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________ ❏ Truth or Consequences — March 29Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member_____________________________________________________________❏ Discovery of Electronic Evidence — March 30Program ❏ $185 Member ❏ $285 Non-memberAudiotapes ❏ $295 Member ❏ $365 Non-memberCDs ❏ $315 Member ❏ $385 Non-memberVideotapes ❏ $385 Member ❏ $445 Non-memberDVDs ❏ $425 Member ❏ $505 Non-memberMaterials only ❏ $95 Member ❏ $125 Non-member


I t is a natural tendency to jump right in and start implementing diversi-ty programs, particularly the ones that you’ve heard other legalemployers use effectively. However, it is imperative to understand thespecific diversity issues at work in your organization in order to cus-

tomize your approach.While there are many common challenges for legal employers, each

organization has its own culture and, as a result, may have different priori-ties with respect to diversity and inclusion. If nothing else, collecting infor-mation about your specific organization will counter any criticism that yourfirm doesn’t have a specific diversity-related problem.

At our January 18th diversity meeting, signatory firms and legal depart-ments participated in an interactive session that analyzed a case study withexamples of demographic, benchmarking, survey, and interview data.

The “What” and the “Why”Before you decide how to make your organization diverse and inclusive,

you need to know what is going on at your organization, and why.Demographic data tells you what your firm looks like, while the survey andinterview data help you understand why.

When designing an assessment plan, it is important to keep in mind thatdifferent individuals are compelled to action by different types of data.While some individuals are convinced by numbers, others are motivated bystories and quotes, and others by competitive pressure. Therefore, it is bestto take a multi-faceted approach, even if each phase isn’t taken all at once.

Demographic Data• Create a snapshot of the diversity of the firm

(representation of each demographic group by level);• Assess the “inputs,” in terms of the diversity of entry level and lateral

hires, including a comparison to the pool of available talent;• Assess the “outputs,” such as turnover by year and the makeup of the

leadership.

Employee Survey• Determine what the key issues are in your organization;• Evaluate the effectiveness of your diversity initiative by setting a

baseline and then re-administering the survey on a regular basis.

Associate Interviews and Focus Groups• Delve into the issues facing associates within specific demographic

groups;• Identify concrete recommendations on how to foster a more inclusive

work environment;• Provide a voice to demographic groups in a safe space for candid

discussion.

Partner & Leader Interviews• Gauge readiness for change and buy-in for diversity efforts;• Contrast perception of work environment and diversity issues with

associates.

Key Administration Interviews• Document what the organization has undertaken in the past or is currently

implementing with respect to HR, recruiting, and marketing activities;• In implementing future initiatives, understand what successes and

challenges have occurred in the past.

Exit Interviews• Contact valued attorneys who have left your organization to understand

the real reasons why they left and where they ended up;• Confirm or deny the common wisdom regarding why certain demographic

groups leave your organization.

As you review your data, it is useful to ask yourself the following questions:• What is your organization doing well, especially compared with other

legal employers?;• What are the areas where you’ve made progress?; • What are the biggest challenges your organizations faces?

What are the highest priorities to address?• What are your internal successes? Which practice groups or office

locations are leading the way in your organization? • Which groups are lagging behind?

From Information to ActionMany of the issues raised in the data collection process need careful

deliberation and planning to design and execute the appropriate action.However, there are some simple ideas that can be implemented immediate-ly. These “quick wins” can be an important tool to signal that your organi-zation takes the input from the assessment seriously and buys time until thelong-term strategies are put into place. In addition, it builds momentumand buy-in that your organization will need to implement the more contro-versial and challenging programs and policies.

Finally, diversity assessments are two-way streets. Not only will yourfirm learn more about status of diversity but, by asking these questions,your organization is also making a statement that diversity and inclusion areimportant issues to the firm’s leadership. However, this also sets up anexpectation that recommendations will lead to action. Therefore, it’s impor-tant to follow through with implementation of diversity activities suggestedin the sessions.

To learn more about conducting diversity assessments or upcomingdiversity working sessions, please see our website at www.abcny.org orcontact Meredith Moore, director of the Association’s Office for Diversityat [email protected].

COMMITMENT TO DIVERSITY

Designing An Assessment Plan for Your Firm

19

By asking these questions,

your organization is making a statement

that diversity and inclusion are important

issues to the firm’s leadership.


N TES44th Street


March 2005

A t the City Bar Fund(“CBF”) our staff andvolunteer attorneys arededicated to improving

lives, one client at a time. Butalways in the back of our mind is thesad reality that for each client whoselife we’ve touched, there are manymore New Yorkers in need that mustface life-altering obstacles with noaccess to legal assistance. In theconstant search for ways to leveragescarce legal services resources, the CBF has been developing programs that provide “unbundled”legal services.

The concept of unbundlinginvolves breaking down a client’sneeds into specific and discreet parts,allowing attorneys to offer assistanceon the most critical aspects of thecase and guidance to the client onhow best to handle the rest of thecase pro se. This allows the City BarFund to expand the number of clientsreached. While offering simpleadvice and direction is not a perfectscenario, it can save a client frombeing forced to wade unguidedthrough a complex legal system aloneor not proceeding at all.

The City Bar Fund’s ability toprovide these unbundled servicesresults from the generosity of twolaw firms, an innovative fellowshipprogram, and a wonderful younglawyer. The Association applied foran Equal Justice Works Fellowship,which offers dedicated younglawyers an opportunity to work witha top public service provider in thedevelopment and creation of a legalservice project for two years withsalary paid by generous participatinglaw firms. We were fortunate to hire

Rachel Andron, a 2003 graduate ofNortheastern Law School. The fellowship is being supported byCravath, Swaine & Moore andProskauer Rose LLP.

Rachel’s fellowship and the con-cept of unbundling led to two newpopular programs, CBF’s ConsumerBankruptcy Clinic and the ThursdayAfternoon Law Clinic. At theConsumer Bankruptcy project,clients receive advice and assistancein filing bankruptcy forms. At theThursday Afternoon Clinic, a jointproject of CBF, the Association’sLegal Referral Service and the NewYork County Supreme Court’sOffice of the Self Represented,clients proceeding pro se receivelegal and strategic advice.

As Rachel nears the end of thesecond year of her fellowship, theNotes editor checked in on Rachel’sprogress and her thoughts about theprogram.

What drew you to wanting to workat the City Bar Fund and with theunbundling project in particular?

I always knew that I wanted topractice public interest law, anddreamed of practicing at an agencythat shared my passion and commit-ment to families in need like theCity Bar Fund. But I also under-stood that traditional legal servicescan’t solve all legal problemsbecause of the lack of resources. Iwas excited about how the City BarFund’s unbundling project could tapinto creative ways to reach morepeople and empower them tobecome better advocates for them-selves in situations where traditionallegal representation is lacking.

Frequently the dream job isn’texactly what it seems, particularlyfor new graduates, expectationsdon’t often match reality…Is work-ing on this project with CBF whatyou expected?

In certain ways, particularly thepeople that I am working with andlearning from, they are exactly whatI hoped for, and in fact I couldn’thave dreamed of a better work envi-ronment. The work I am doing isvery different from what I expected,but equally thrilling.

How is the work different from whatyou expected?

My background is more in fami-ly and matrimonial law, particularlydomestic violence, and the projectwas initially tailored to that area oflaw. But in legal services, some-times you need to take your cuesfrom your clients. While workingon the City Bar Fund’s Hotline(which helps low income callersneeding legal assistance), we noticedan exorbitant number of callers ask-ing for help with bankruptcy formsand cases…and there simply weren’tenough options of places to sendthem to for help. When the oneagency in the City that handled thiswork closed its bankruptcy clinic,we knew we had to do something. Itis simply not acceptable in a city asbig as New York that there are noresources to help poor people get afresh start by filing for bankruptcy.

So what did you and CBF do to remedy the problem?

First, I went down to a bankrupt-cy clinic that was closing to shadowone of its lawyers. Armed with my

new knowledge in this area of lawand our understanding of the con-cept of unbundling, CBF was able toestablish a bankruptcy clinic. CBFwas fortunately able to hire JohnMcManus, the lawyer I originallyhad shadowed, as the Director of the clinic.

Have you had a chance to enjoyCBF’s connection with theAssociation?

Absolutely, that is a huge fringebenefit of this fellowship opportuni-ty. I have access to accomplishedmembers and committees and con-nections that could take otherlawyers years to make. I am privi-leged to sit on several committeesincluding Legal Services for Personsof Moderate Means and theDomestic Violence Task Force.

How do you think the fellowshipexperience is different from a regu-lar staff attorney position?

While I, of course, do somework with clients and am learning tohandle a case just like any otheryoung attorney right out of lawschool, I also know that I have afixed amount of time to accomplishspecific goals. It’s important that,when the fellowship is over, theseprojects take on a life of their own.I know that I have goals that mustbe built into the infrastructure of theorganization and go beyond the fellowship. I don’t think that manyother young attorneys are given theopportunity to step away from indi-vidual cases, and examine the bigpicture to create programs that willboth last and meet the direct needsof clients.

THE CITY BAR FUNDAddressing Unbundled Legal Services