It will come as news to no one that being a member of the legal profession is not the secure vocation it used to be. While those in previous generations had a reasonable expectation of working for years, if not their whole careers, at the same firm, today such a scenario is more the exception than the rule.

That’s why membership in a professional organization like the New York City Bar Association is more important than ever. In this era of digitization, globalization and disintermediation (that’s Latin for cutting out the middle man), the City Bar can be your professional home or, if need be, your port in a career storm.

Among the City Bar’s 24,000 members are lawyers of every stripe, from law students to Supreme Court Justices, and the House of the Association in midtown Manhattan is where they cross paths. It’s a forum for networking of the highest order. At the City Bar, you never know for whom you’ll hold the door (or vice versa), let alone whom you’ll meet at a panel in the Meeting Hall or in the CLE Center, or at a reception following an event. Where else can you see a judge strike up a conversation with a junior associate at a buffet?

For law students, recent graduates and young associates, the City Bar offers the kind of wide-ranging career development workshops that can make a difference in getting hired or promoted in a tough market. A number of these programs provide CLE credits. There are also regularly scheduled social events like ‘Speed Networking’ that can yield surprising career results.

All City Bar members can apply to join one of its committees, which is where the important public-interest work of the Association takes place. Some 3,500 members serve on over 150 committees, producing hundreds of reports and events annually on almost every legal topic imaginable. Mathematically, not all members can serve at the same time, and not everyone can get on their first choice of committee, but persistence is usually rewarded with a committee slot. If you get on a committee, you’ll find yourself working with experienced lawyers from diverse backgrounds in writing reports and amicus briefs, planning programs and doing public service activities. Incidentally, now is the best time of the year to apply for committee membership, so check here for more information and an application if interested.

If you take advantage of what the City Bar Justice Center has to offer, you’ll find yourself among the thousands of attorneys trained each year to provide pro bono legal services to low-income individuals. Beyond the satisfaction of helping others and fulfilling your obligation as an attorney to help ensure access to justice for all, you may get hands-on experience and skills not available to you in your day job.

By becoming a member of the bar association in the legal capital of the world, you are well positioned to become a leader of the legal profession. Above all, beyond whatever personal or professional benefits the Association may offer, it is an opportunity to serve the public and participate in today’s legal, moral and ethical debates as a steward of the profession. It was the fight against corruption and for a working justice system that brought together this Association’s founding members in 1870, and the City Bar’s mission and activities have been continually refined by successive generations as they considered and spoke out on the issues of their day. It’s your turn.

Carey R. Dunne is President of the New York City Bar Association.

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The New York City Bar Association has released its Legislative Program for 2013, a compilation of New York State legislative issues that have been addressed by many of its committees. The Program includes positions on existing legislation as well as proposals for new legislation. Some highlights from the 2013 Legislative Program include support for measures which would:

  • Increase access to justice by providing adequate funding for civil legal services, providing adequate resources to the judiciary and court operations, and authorizing the audio-visual coverage of judicial proceedings
  • Reform the criminal justice system by requiring the recording of criminal interrogations, allowing for the sealing of criminal records in certain cases, and providing judges with more discretion in probationary sentencing
  • Achieve true equality for women by, among other things, ending family-status and pregnancy discrimination, strengthening human trafficking and order-of-protection laws, combating housing discrimination faced by victims of domestic violence, and enacting the Reproductive Health Act
  • Modernize the state’s Uniform Commercial Code
  • Amend the Human Rights Law to provide clarity and consistency in the definition and treatment of guide, hearing and service dogs
  • Enact a Home Mortgage Bridge Loan Assistance program modeled after Pennsylvania’s successful program
  • Legalize medical marijuana
  • Protect consumers from unlawful and predatory debt collection/settlement practices

The 2013 Legislative Program can be viewed here: http://bit.ly/12q5kzx.

 

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As New York State begins its 2013 legislative session, we have only the briefest of moments to reflect on 2012, a session which yielded two new state laws courtesy of City Bar proposals. One clarifies and strengthens the trust provisions that govern the relationship between an artist-consignor and merchant-consignee, and the other expands an attorney’s ability to attach a charging lien to a client’s monetary recovery to cases where alternative dispute resolution is utilized. A number of other measures supported by the City Bar were also enacted; you can read more about them here.

2013 has been off to an unusually quick start, and with important changes afoot in the Legislature. As a result of November’s election, a new crop of legislators has taken office and the Senate will operate under a new power-sharing agreement between Republicans and the Independent Democratic Conference. The devastation of Superstorm Sandy continues to be felt throughout the state, and the Legislature will begin to address some of the issues that have arisen in the wake of the storm and the implications the disaster will have on the state’s finances and future protocols. Following the horrific shootings in Newtown, Connecticut, the Legislature promptly passed new gun control measures, but it appears that the debate over the new law will continue well into session and into the courthouse. Budget hearings are in process, with a goal of completing the budget by April 1, if not sooner. And these are just a few of the many pressing issues facing our state government this year.

Looking forward, the City Bar plans to tackle an aggressive roster of bills and proposals. During his 2013 State of the State Address, Governor Andrew Cuomo laid out a framework for what he would like to see accomplished this year. The Governor’s address featured a number of measures and initiatives supported by the City Bar over the years. We applaud the Governor for including them in his agenda and we look forward to working with the legislature to see those goals accomplished. Issues featured in the Governor’s agenda include:

  • Combating wrongful convictions by requiring the recording of criminal interrogations
  • Reforming New York’s campaign finance laws
  • Achieving true equality for women by, among other things, ending family-status and pregnancy discrimination, strengthening human trafficking and order-of-protection laws, combating housing discrimination faced by victims of domestic violence, and enacting the Reproductive Health Act
  • Addressing the ongoing issues presented by the NYPD’s arrests for low-level marijuana possession

In addition, the City Bar will be supporting the following initiatives as part of our advocacy work this year:

  • Modernizing the state’s Uniform Commercial Code
  • Amending the Human Rights Law to provide clarity and consistency in the definition and treatment of guide, hearing and service dogs
  • Enacting a Home Mortgage Bridge Loan Assistance program modeled after Pennsylvania’s successful program
  • Legalizing medical marijuana
  • Maintaining adequate funding for civil legal services
  • Protecting consumers from unlawful and predatory debt collection/settlement practices
  • Making necessary amendments to various provisions of the Estates, Powers and Trusts Law

To view these and the rest of the City Bar’s state policy recommendations, please view our 2013 Legislative Program. You can also visit our Legislative Affairs Web page and follow us on Twitter and Facebook for updates on our advocacy efforts.

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The New York City Bar Association’s Committee on Professional Ethics has issued an opinion explaining the duties owed by lawyers to prospective clients under Rule 1.18 of the New York Rules of Professional Conduct (Formal Opinion 2013-1).  Rule 1.18, adopted by the courts in April 2009, establishes several duties for lawyers that did not previously appear in the governing lawyer ethics rules and could only be gleaned from the case law.  Formal Opinion 2013-1 explains the nature of those duties in a comprehensive and easy-to-understand fashion.

Rule 1.18’s duties are determined by the nature of the information received from the prospective client and may restrict the lawyer’s ability to use or reveal the information or to represent adverse parties in the same or a substantially related matter. However, while significant, these duties are less restrictive than the comparable duties owed to former and current clients and permit the use of ethical screens to take on adverse representations.

According to the City Bar’s opinion, Rule 1.18:

  • protects information learned from a prospective client in that “a lawyer is restricted from using or revealing information learned in the consultation to the same extent that a lawyer would be restricted with regard to information of a former client.”
  • prohibits a lawyer from representing a client with interests materially adverse to those of the prospective client in the same or a substantially related matter if the information received from the prospective client “could be significantly harmful” to the prospective client in the matter. This “significantly harmful” test is less restrictive than the corresponding restriction on representations that are “materially adverse” to a former client.

The opinion discusses the two important exceptions to the Rule 1.18 ban on representation: “First, the lawyer and the firm may take on an otherwise prohibited representation if both the prospective client and the affected client have given informed consent, confirmed in writing. Second, a disqualified lawyer’s firm (but not the disqualified lawyer) may take on the representation if the disqualified lawyer took reasonable steps to limit his or her exposure to disqualifying information in discussions with the prospective client and the firm takes specified steps to implement an effective ethical screen and notifies the prospective client of the representation and the screening measures taken. Neither exception is available, however, unless a reasonable lawyer would conclude that the firm would be able to provide competent and diligent representation in the matter.”

The opinion includes several hypothetical scenarios involving “beauty contests” in both the litigation and transactional context to illustrate the application of Rule 1.18.

This opinion supersedes a previous City Bar opinion (2006-2) on the duties of lawyers to prospective clients. At that time, the New York Code of Professional Responsibility (the predecessor to the New York Rules of Professional Conduct) did not include a rule specifically addressing those duties. Thereafter, in April 2009, Rule 1.18 (Duties to Prospective Clients) was adopted as part of the New York Rules of Professional Conduct, and the City Bar issued the current opinion to update No. 2006-2 in light of Rule 1.18.

The opinion can be read here: http://bit.ly/Xexasr

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We applaud Governor Cuomo for supporting the Judiciary Budget. Adequate funding of the court system is essential if the judiciary is to meet its constitutional obligations as an independent branch of government and provide vitally needed access to justice for those who can least afford it.

 

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When the New York City Bar Association issued its Statement of Diversity Principles in 2004 to help create a more inclusive legal profession, the idea was not about quotas or standards but rather, as more and more people understand these days, about doing business better. “With greater diversity, we can be more creative, effective and just, bringing more varied perspectives, experiences, backgrounds, talents and interests to the practice of law and the administration of justice,” reads the Statement that has been signed by over 120 law firms and corporations.

The Statement also includes another key passage: “We recognize that achieving diversity is an evolutionary process that requires a continued renewal of our commitment to strategies of inclusion.” Transforming the workplace takes time, as the City Bar’s latest Diversity Benchmarking Report attests. While there were some improvements over the previous report, there were also some steps back. The rate of change can seem frustratingly slow. That’s why the City Bar has developed a program that, in addition to its ongoing work with legal employers, takes a longer-term perspective. Our ever-growing Diversity Pipeline Initiatives program is designed to prepare inner-city students with the information and skills needed to pursue a legal career.

Last summer marked the 20th anniversary of one of the pipeline initiatives, the Thurgood Marshall Summer Law Internship Program, which has placed over 2,000 high school students in summer legal internships. And in November, more than 150 high school students participated in our 10th Constitutional Rights Symposium for High School Students, where they discussed legal issues in a roundtable format with volunteer attorneys and judges. Since the program started in 2006, more than 2,200 high school students have visited the City Bar to participate.

Another beneficial initiative is an annual conference bringing together educators, employers, and others to identify key challenges to pipeline diversity and to come up with solutions. At the March 2011 conference, the participants noted that while there has been success in creating and sustaining programs geared toward diverse high school students and law students, there was a dearth of programs for college students and recent graduates, thus likely contributing to the decrease in numbers of diverse students applying to and attending law school. The City Bar’s Diversity Pipeline Initiatives Committee has just issued its second set of Best Practices for Building and Supporting the Pipeline, which focuses specifically on these cohorts of students; included are recommendations for providing undergraduates and recent graduates academic support and preparation for law school, career exploration and exposure to the profession, substantive skill development, and networking/mentoring opportunities.

To support students in college and after they graduate, last summer we launched our first Law Preview Scholarship with Practicing Attorneys for Law Students, Inc. (PALS), which provided full tuition for a week-long intensive law school preparation course to admitted students at regional law schools. This course is designed to give students a rigorous preview of the law school academic experience, as scholarship recipients are exposed to information on core first-year classes as well as note-taking, exam, and legal-writing strategies. Among the recipients of the first scholarship class were two Thurgood Marshall Summer Law Internship Program alumni. Additionally, scholarship recipients were introduced to law student membership at the City Bar and were enrolled in the PALS program.

In October, the City Bar hosted our first Mentor Negotiation Competition, in collaboration with the Fordham Law School Dispute Resolution Society. Sixteen teams from New York City high schools participated in the competition, and each team was assigned a mentor attorney to help prepare them for the competition. The Final Rounds were held at the Association, with former City Bar President John Feerick and three law-firm partners participating as judges.

Later this month, with the Alliance of Securities and Finance Educators (ASAFE), we will provide a six-session seminar series on securities and finance law for diverse law students, designed to enhance diversity and inclusion in the securities and finance industry. The sessions will be presented by leading legal and compliance practitioners.

Finally, we just hosted our fourth LSAT/Law School Prep Series targeted toward diverse students, in which approximately 150 undergraduates and recent graduates came to the City Bar to sample LSAT preparation companies, participate in presentations on topics including the admission process and financing law school, and meet with law school admissions representatives.

I encourage you to get involved in our Diversity Pipeline Initiative by volunteering at an event, hosting a summer intern, or making a donation to support its development. To get involved, please email the program director, Gabrielle Brown. To support these programs with a donation, please click here. And if your firm or company would like to add its name to the long and growing list of those who believe the legal profession will realize its full strength through diversity and inclusion, please click here to become a signatory to the Statement of Diversity Principles.

Carey R. Dunne is President of the New York City Bar Association.

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The New York City Bar Association applauds Governor’s Cuomo’s decision to include four key areas of law reform in today’s State of the State Address: strengthening gun control laws; taking steps to reduce wrongful convictions; achieving true equality for women; and reforming New York’s campaign finance system. The City Bar has been advocating for these reforms and looks forward to working with the Governor and the Legislature in the months ahead to help achieve these important goals.

 

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In a letter sent to President Yoweri Museveni of Uganda, the New York City Bar Association has expressed its opposition to the Anti-Homosexuality Bill of 2012 (the “Bill”).

“The Association abhors discrimination against LGBT people, their exclusion from full and equal participation in Uganda’s democracy, the criminalization of homosexuality and organizations that support LGBT rights, and the harsh penalties contemplated by the law (reportedly, up to and including the death penalty),” reads the letter signed by City Bar President Carey R. Dunne.

The Bill is reportedly almost identical to an earlier version of the Bill that was introduced in Parliament on October 14, 2009. The City Bar, in a letter drafted by its African Affairs Committee, expressed its deep concerns about that version of the Bill in a previous letter to President Museveni dated February 16, 2010, which was resent as an attachment to the current letter.

The previous letter found that among “the most troubling aspects of the Bill is its endorsement of the death sentence for individuals found guilty of ‘aggravated homosexuality,’ broadly defined to include, among other acts, same-sex relations with an individual who is under 18 years old or who has a disability, where the accused is a person living with HIV (regardless of whether or not the accused is aware of his or her status), or where the accused has been previously convicted of the ‘offense of homosexuality.’ The Association is also deeply concerned about the other harsh criminal penalties contemplated by the Bill, which include life imprisonment for engaging in same-sex activity and up to seven years imprisonment for the ‘promotion of homosexuality,’ which includes an individual, business or non-governmental organization’s provision of funds, services or access to premises for LGBT people.”

The current letter, also drafted by the African Affairs Committee, states, “As set forth in our previous letter, the Association believes that the Bill violates the Constitution of the Republic of Uganda and the Government’s obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Passage of the Bill would undermine the rule of law in Uganda by ignoring the country’s pre-existing legal obligations, which it is duty-bound to uphold,” and concludes, “We therefore again call upon your Government to promptly oppose the passage of the Bill and if passed, we urge you not to sign it.”

The letter may be read here: http://bit.ly/Tw7lr2

 

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