This Week at the City Bar
MONDAY, JUNE 10
6 PM – 9 PM, CLE
2013 Elder Law Updates
TUESDAY, JUNE 11
8:30 AM – 10:45 AM, CLE
Current Governance Issues in Coops & Condos: Resolving Problems Before They
Get Out of Hand
11 AM – 2:15 PM, CLE
Personal Injury Essentials: What Every PI Attorney Must Know
12:30 PM – 2 PM, Event
Mobile Applications To Improve Your Law Life
6 PM – 8 PM, Event
Using Networking and Networking Support Groups
WEDNESDAY, JUNE 12
9 AM – 1 PM, CLE
Lawyering in the Fashion Industry: Licensing, Trademark Protection & Other Industry Issues for IP Attorneys & Litigators
11 AM – 2:15 PM, CLE
Why Chapter 13 Bankruptcy is Better for your Client than Chapter 7
4 PM – 7 PM, CLE
Asset Protection & Tax Optimization
6 PM – 9 PM, CLE
Intermediate Concepts In Drafting Contracts
6:30 PM – 8:30 PM, Event
A Presentation By Judge Vagn Joensen
THURSDAY, JUNE 13
8:30 AM – 12:30 PM, CLE
Current Issues in D & O Liability and Insurance 2013
9 AM – 11 AM, Event
Intensive Resume Workshop
12:30 PM – 2 PM, Event
Business Opportunities Through The Association’s LRS
6 PM – 8 PM, Event
How To Become a Judge in Bronx County
6 PM – 8:30 PM, Event
OATH – New York City’s Central Administrative Law Tribunal
7 PM – 9 PM, Event
City Bar Ping Pong Night At SPiN New York
FRIDAY, JUNE 14
9 AM – 5 PM, CLE
Advanced Commercial Mediation Training – 3 Day Training
Around the Bar
Over 300 attended a forum with the New York City Mayoral Candidates on June 6th, moderated by Errol Louis, the host of “Inside City Hall” on NY1. In addition to the City Bar, the forum’s co-sponsors were American Constitution Society-New York Chapter, Asian American Bar Association of New York, Dominican Bar Association, Hispanic National Bar Association-New York Region, Korean American Lawyers of Greater New York, LGBT Bar Association of Greater New York (LeGaL), Metropolitan Black Bar Association, Network of Bar Leaders, New York City Bar Association, Puerto Rican Bar Association and the South Asian Bar Association of New York. Read the City Bar’s “Policy Recommendations for New York’s Next Mayor” here.
The 2013 Diversity & Inclusion Champion Award Luncheon on June 5th honored three attorneys who have demonstrated commitment to improving diversity within the legal profession. From left: Carey R. Dunne, City Bar President; Larry Chanen, Senior Vice President and Associate General Counsel, JP Morgan Chase; Alita T. Wingfield, Executive Director, Legal and Compliance Division, Morgan Stanley; Asim Rehman, President, Muslim Bar Assocation of New York (MuBANY) and Corporate Counsel, MetLife, Inc.; N. Nate Saint-Victor, Chair, Diversity & Inclusion Champion Award Selection Committee; and Bret I. Parker, City Bar Executive Director.
On June 4th, the City Bar presented its annual Henry L. Stimson Medals to honor the work of Assistant U.S. Attorneys in the Southern and Eastern Districts of New York. Left to right: Mark Hellerer, Chair of the Stimson Medal Committee; Carey R. Dunne, City Bar President; Deborah Zwany, EDNY, Civil Division; Elizabeth Geddes, EDNY, Criminal Division; Pierre Armand, SDNY, Civil Division; Stephen Ritchin, SDNY, Criminal Division; and Hon. Paul Gardephe, United States District Judge, SDNY.
On June 3rd, the City Bar presented its annual Municipal Affairs Awards, for outstanding achievement as an Assistant Corporation Counsel in the New York City Law Department. From left: Susan Greenberg; Rachel Moston; Judith Kaye, former Chief Judge of the State of New York; Michael A. Cardozo, Corporation Counsel; Andrea Hecht; Sabita Krishnan; and Evan Brustein.
Recent Committee Activity
The Trusts, Estates and Surrogate’s Courts Committee expressed support for A.7062/S.4272, which would amend the Surrogate’s Court Procedure Act to remove the requirement that a fiduciary seeking to resign must file a judicial accounting—instead it would allow the court to approve either a formal (judicial) or informal settlement of the resigning fiduciary’s account. This proposed change, the report argues, would not prevent the Surrogate’s Court from compelling a judicial accounting but would remove the requirement to do so, which would mean a substantial monetary savings to many families.
Cooperative/Condominium Real Property Tax Abatement
In a joint report, the Committees on Legal Problems of the Aging and Trusts, Estates and Surrogate’s Courts expressed support for A.6658/S.4600, which would amend the Real Property Tax Law (RPTL) to provide that a tax abatement may be granted to a cooperative or condominium dwelling unit held in trust for the benefit of a person or persons who would otherwise be eligible for the abatement had they owned the unit directly. The report also suggests a corrective amendment to the legislation which would amend RPTL section 467-a(b-1), and possibly RPTL sections 458(7), 458-a(5), 458-b(6), 459-c(9) and 467(10), so that they apply if a current beneficiary of the trust would be eligible for the tax benefit were he or she the owner of the property as opposed to requiring that the trust be “solely” for such beneficiary’s benefit.
Non-Party Standing to Seek Protective Orders
The Committee on State Courts of Superior Jurisdiction expressed support for A.6554/S.4850, which would amend CPLR section 3103(a) to permit non-parties who are not actually served with a subpoena, but whose records are nevertheless sought by the subpoena, to seek a protective order. The proposed amendment, the report argues, is vital because it extends important protections against discovery abuse to non-parties whose records and/or personal or confidential information are the subject of a subpoena.
Sentences of Probation
In a joint report, the Committees on Criminal Courts and Corrections and Community Reentry expressed support for A.4582-B/S.4664-A, which would change mandatory terms of probation to discretionary terms and eliminate the requirement of pre-sentence investigations in limited circumstances and written reports in New York City when the parties and the judge have agreed to a sentence of imprisonment of a year or less. Individualized sentences, the report urges, will lead to more just, proportional punishments, result in a more effective use of probation services, and save judicial resources.
City Bar in the News
New York Law Journal, June 10, 2013
300 at City Bar Offered a Look at Mayoral Candidates
“Candidates for New York City mayor fielded a rapid-fire series of questions at the New York City Bar’s midtown headquarters Thursday evening, staking out familiar positions on controversial issues including stop-and-frisk and charter schools. The forum, which drew an audience of about 300, followed a 95-page set of recommendations for the next mayor issued by the city bar last month (NYLJ, May 1). In addition to the hot-button topics addressed at the forum, the report covered a broad range of issues, including recommendations for expanded programs to help unrepresented civil litigants and stronger consumer protections.”
New York Law Journal, June 7, 2013
Ethics Opinion: Disclose Finding of False Evidence
“Lawyers who learn that ‘material’ evidence offered at a criminal or civil proceeding is false have an ethical obligation to take ‘reasonable remedial measures’ that trump the lawyer’s duty of confidentiality, according to an ethics opinion by the New York City Bar. In an opinion released Thursday, the city bar’s Committee on Professional Ethics said that a lawyer who learns after the close of a proceeding that false evidence was offered—either intentionally or inadvertently—by the lawyer, client or witness is bound to disclose the problem if a reasonable remedial measure is available.”
Wall Street Journal, June 7, 2013
GOP Candidate Takes Personal Shot at Weiner at Forum
“New York City mayoral candidate George McDonald took the harshest personal swipe against former Congressman Anthony Weiner so far during this campaign at an otherwise subdued candidate forum Thursday night. During a question-and-answer session with other Republican candidates hosted by the New York City Bar Association, Mr. McDonald lamented that a leading candidate for mayor of New York is a ‘social deviant’ for taking obscene photos while he was a congressman. ‘Do you know what that does? That ruins it for all the rest of us,’ he continued, prompting a wave of laughter from the audience.”
Thomson Reuters, June 6, 2013
Ethics Panel Weighs in on Duty to Disclose False Evidence
“Attorneys who learn after the close of a proceeding that they presented materially false evidence are obligated to disclose the error only when it is still possible to amend, modify or vacate a judgment in the case, a New York City Bar Association panel has concluded. Rule 3.3(a)(3) of the New York Rules on Professional Conduct requires attorneys to take ‘reasonable remedial measures’ upon learning of false evidence. In an opinion released Thursday, the bar association’s Committee on Professional Ethics said the rule requires disclosure only when false evidence was material and there was some recourse available to the opposing party.”
NY1, June 6, 2013
City’s Bar Association Hosts Latest Forum for Mayoral Candidates
“The real differences between the candidates were not seen while they shared a stage, but they were seen when you compared the two separate forums. ‘I think it’s absolutely wrong to consider stop, question and frisk to be racial profiling,’ said Republican mayoral candidate Joseph Lhota. ‘To hear what it is like to have a police officer instructed to perform racial profiling,’ de Blasio said.”
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