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PANEL QUALIFICATION STANDARDS

 

 

100 CONTRACT LAW

Standards

101 General and Secured Contracts:
Applicant must have drafted at least five contracts, two of which had enforceable security interests. Applicant shall be prepared to discuss issues involved, terms negotiated and protections for the client in the event of breach or default.

102 Construction:
Applicant must have taken part in the negotiation and drafting of 5 construction/remodeling or similar contracts. Applicant should have represented clients in matters involving the enforcement or removal of mechanic's liens.

103 Collection:
Applicant must have handled at least 5 collection and/or breach of contract matters in Civil or Supreme Court through trial or settlement, at least one of which was in Supreme Court. Applicant must have experience in bringing and/or defending summary judgment motions and be prepared to discuss evaluation, strategy, issues and results, including discovery and post-judgment proceedings.

104 Government Contracts:
Applicant must have handled the negotiation of at least 3 contracts for private clients with city, state or federal government within the past 5 years and demonstrate familiarity with RFPs, bidding practices and rules and regulations related to government contracts.

 

0200 BUSINESS LAW

Standards

201 Formation of Business Entity/Advice:
Applicant has handled the formation of, at least five business entities within the last 3 years, including the formation of corporations and general partnerships. Applicant must be prepared to discuss the mechanics and issues involved in the formation of businesses, including LLC's and awareness of issues relating to micro-entrepreneurs.

202 Not-for-Profit Organizations:
Applicant obtained not-for-profit status for at least 2 entities in the past 5 years and demonstrates familiarity with Not-For-Profit Law and the rules and regulations of the Attorney General's Bureau of Charities.

203 Dissolution of Business:
Applicant has completed dissolution of at least 4 businesses within the past 10 years.

204 Buying and Selling Businesses:
Applicant completed the buying or selling of five businesses within the past five years, including the transferring/obtaining of appropriate licences. Applicant must be able to analyze different hypothetical situations representing buyers and sellers and be familiar with ways to protect good will and to protect buyers from sellers' liabilities.

205 Business/Commercial Litigation:
Applicant has handled thru trial or settlement 5 business disputes in the past 5 years, such as breach of contract, employment contracts, UCC disputes. Applicant must have trial experience. Applicant must be prepared to discuss evaluation, strategy, issues and
results, including discovery and post judgment proceedings. Applicant should be familiar with Alternate Dispute Resolution mechanisms available.

206 Franchise:
Level 1: Applicant has represented at least 3 Franchisees in the past 5 years;
Level 2:Applicant has represented at least 2 Franchisors in establishing franchises

207 Anti-trust:
Applicant must qualify for category 210 Complex Litigation and demonstrate familiarity with and ability to analyze anti-trust issues. Applicant must have represented clients in at least two litigated anti-trust matters and have the staff capacity to handle such matters.

208 Trade Secrets/Unfair Competition:
Applicant has represented or advised at least 3 clients regarding the enforcement of restrictive covenants and meets the requirements of subcategory 205

209 Employment Contracts:
Applicant has represented 4 professionals or business executives in negotiating the terms of an employment contract.

210 Complex Litigation:
Applicant has handled through trial or settlement, after substantial discovery has been completed, at least 5 matters in Supreme Court or Federal District Court. Applicant has brought or defended against, at least two summary judgment motions. Applicant demonstrates familiarity with provisional remedies, including injunctions, restraining orders, etc. and with declaratory judgment actions. Applicant must also qualify for 205 Business/Commercial Litigation and be experienced in discovery and post-judgment enforcement proceedings.

215 Sale of a Professional Practice:
Applicant has completed the sale of at least 3 professional practices.

216 Civil RICO:
Applicant has represented 2 plaintiffs or defendants through discovery in RICO actions and meets the requirements of subcategory 210.

 

0300 FAMILY AND MATRIMONIAL LAW

Standards

301 Adoptions (Family or Agency):
Applicant has handled at least two of the type of adoption requested within the past 5 years and demonstrates familiarity with the procedures for adoptions in Surrogate's Court and Family Court. Applicant should also demonstrate familiarity with practical and ethical issues regarding the termination of parental rights.
Level 1: Stepparent adoption
Level 2: Agency or other domestic Adoption
Level 3: International Adoption

302 Kinship Foster Care Adoption:
Applicant has handled at least two kinship/foster care adoptions in the past 5 years

303 Small Uncontested:
Applicant has handled at least 5 uncontested divorces and 2 contested support proceedings

304 Divorce/Annulment:
Level 1: Cases with income under $130,000 and assets under $50,000
Applicant has handled at least 5 contested matrimonial matters, at least 2 involving contested custody/visitation matters and at least 2 involving contested
support matters

Level 2: Cases with income between $130,000- $250,000; assets between $50,000- 250,000 Applicant meets the requirements of Level 1, has handled at least 10 matrimonial matters, of which 4 involved contested hearings regarding equitable distribution or support and of which 2 involved contested custody matters with expert testimony. In addition, applicant must have prepared at least 5 separation agreements and has given or attended CLE in the field recently.

Level 3: Cases with income in excess of $250,000 and/or substantial assets, evaluation or distribution problems such as matters involving business interests, professional, practical and licenses. Applicant complies with the requirements of Level 2.

305 Custody:
Applicant has handled at least 4 contested custody matters involving the examination and cross examination of expert witnesses.

306 Paternity:
Applicant has handled at least 2 Paternity matters and 2 contested support proceedings.
Level 1: Respondent's income under $130,000
Level 2: Respondent's income between $130,000 and $250,000 or assets between $50,000 and $250,000
Level 3: Respondent's income over $250,000 or assets over $250,000

307 Post Judgment Enforcement/ Modification
Applicant has experience and is knowledgeable in techniques to discover hidden assets and with the collection of judgments.

308 Fee from Spouse
Applicant meets the requirements for 304 and is willing to represent clients depending upon court ordered attorney's fees.

310 Interstate/International:
Applicant demonstrates experience and knowledge of the UCCJ Act, USD Law and the Hague Convention as well as cases involving custodial interference.
Applicant meets the requirements of 304 Level 2

312 Separation/Premarital Agreements:
Applicant has drafted at least 5 separation agreements on the level requested.
Level 1: Income under $130,000 and assets less than $50,000
Level 2: Income between $130,000-$250,000 or assets between $50,000-250,000
Level 3: Income over $250,000 or assets over $250,000

313 Contested Family Court Support Proceedings
Applicant has handled at least 3 contested hearings before a Hearing Examiner; has handled at least 3 enforcement or modification petitions and demonstrates familiarity with the procedures of the CSCU.

314 Guardianship
Applicant has handled at least 3 guardianship proceedings in the Family Court.

315 Supreme Court Matrimonial Appeals
Applicant has handled 5 appeals in this area in the past 5 years.

316 Family Court Orders of Protection
Applicant must demonstrate experience enforcing and/or defending petitions for Orders of Protection and be knowledgeable concerning Domestic Violence issues and resources.

317 Family Court Custody and Visitation Proceedings
Applicant must have handled at least 3 contested custody petitions or enforcement/modification proceedings and must demonstrate knowledge of supervised visitation programs and alternatives.

318 PINS/Neglect and Abuse Proceedings/Termination of Parental Rights
Applicant must demonstrate experience and knowledge of the Child Welfare Reform Act and section 384 of the Social Services Law and Orders of Removal.

319 Family Court Appeals
Applicant has handled 5 appeals from Family Court determinations within the past 5 years.

 

0400 WILLS, TRUSTS & ESTATES

Standards

401 Simple Will Drafting:
Level 1: Estates of $1,000,000 or less; Substantially all assets are in New York; Substantially all assets are liquid, except residential real property. Applicant must have drafted and supervised execution of, at least five wills and probated, at least 2 estates.
Level 2: Estates over $1,000,000 and under $2,000,000; Applicant must demonstrate familiarity with Estate tax issues under New York State Estate Tax law and familiarity with valuation issues, capital gains tax issues and transfers of assets, such as commercial property and/or small business interests. Applicant must meet requirements of Level 1
Level 3: Estates over $2 million; Applicant must demonstrate familiarity with Federal Estate tax laws and regulations. Applicants must meet the requirements of Level 1 and 2

402 Probate and Estate Administration:
Level 1: Applicant must meet the requirements of 401; applicant must have completed the probate/administration of three additional estates.
Level 2: Estates over $1,000,000 and/or estates involving buy/sell agreements, family business, rental property, multiple jurisdictions. Applicant must have completed probate or administration of five estates with assets of more than $1,000,000, at least two of which involved level two issues;
Level 3: Estates over $2 million and/or unusual asset transferability/valuation problems. Applicant must have practiced law for at least five years, completed five estates at Level 3 ($2,000,000+ in assets), attend CLE and/or lectures in field, and/or subscribes to various publications and attends seminars in this field. Also, must devote at least 20% of practice to 0400 matters and have $1,000,000 in liability insurance.

403 Estate and Trust Planning
Level 1: Estates up to $1,000,000. Applicants must qualify for 401 plus have completed at least three plans.
Level 2: Estates up to $2 million. Applicant must qualify for Level 1 plus have completed at least two plans involving assets in excess of $1 million and have liability insurance of $500,000.

Level 3: Estates over $2 million and/or substantial multinational assets and/or international income and estate planning. Applicant must have practiced law for at least five years, completed five estate plans, two of which were at Level 3; attends CLE and/or lectures in field and/or subscribes to various publications and attends seminars in this field. Devotes 20% of practice to 0400 matters and has $1 million or more liability insurance.

404 Complex Estate Litigation:
Applicant has litigated three contested proceedings in Surrogate's Court within the last five years. Applicant must be prepared to discuss evaluation, strategy, issues and results.

405 Article 81 Guardianship:
Applicant has handled three Article 81 proceedings within the last five years. Applicant must provide a written narrative of their practice experience and additional training (if any) in the specialty area

406 Reduced Fee Wills:
Applicant meets the requirements of 401

407 Elderlaw
Applicant has handled three estate plans involving planning for Medicaid qualification, as well as, handled, at least three Medicaid applications within the last 5 years. Applicant must be familiar with a wide variety of elder law issues.
Level 1: Estates under $1,000,000; Applicant has handled three estate plans (either Wills with testamentary trusts with Medicaid provisions or Medicaid asset transfer plans) involving planning for Medicaid qualification, as well as, handled, at least three Medicaid applications within the last 5 years. Applicant must be familiar with a wide variety of elderlaw issues, including home health care applications, supplemental needs trusts, health care proxies, living wills and powers of attorney and spousal refusal letters. Applicant must have experience with Fair Hearings and medicaid application process. Meets requirements for Level 1, 401, and 403.
Level 2: Estates over $1,000,000; Applicant meets criteria for 407 Level 1 and 401, 403 Level 2; Has done at least 10 plans within the past 2 years with experience in community (home care) and institutional (nursing homes) applications and spousal refusals.
Level 3: Certified Elder Law attorney; Applicant has over 10 years experience; has handled over 100 cases and has been certified by National Elder Law Foundation.

410 Kinship:
Applicants must provide a written narrative of their experience in this area and have represented parties in three matters where kinship was in issue.

 

0500 INSURANCE LAW

Standards

501 Life/Health/Disability
Applicant shall have served as counsel in 5 or more litigated matters within the past 5 years on behalf of policyholders claiming coverage, contribution or indemnity. Applicants shall provide copies of decisions noting their appearance or pleadings subscribed by them. Litigation experience should include actions on the policy, actions for declaratory judgment and/or common law interpleader.

504 Homeowner's/Fire/Property/Casualty
Applicant shall have served as counsel in 5 or more litigated matters within the past 5 years on behalf of policyholders claiming coverage, contribution or indemnity. Applicants shall provide copies of decisions noting their appearance or pleadings subscribed by them. Litigation experience should include actions on the policy, actions for declaratory judgment and/or common law interpleader.

507 Obligation of Defense & Indemnity
Applicant shall have served as counsel in 5 or more litigated matters within the past 5 years on behalf of policyholders claiming coverage, contribution or indemnity. Applicants shall provide copies of decisions noting their appearance or pleadings subscribed by them. Litigation experience should include actions on the policy, actions for declaratory judgment and/or common law interpleader.

515 Represents Insurance Company:
Applicant shall have at least 2 years experience representing insurance carriers within the past 5 years.

520 Claim Denial-Fraud:
Applicant shall have served as counsel in 5 or more litigated matters within the past 5 years on behalf of policyholders claiming coverage, contribution or indemnity. At least 2 of the litigated matters shall involve claims of fraud by the insurance carrier against the policyholder. Applicants shall provide copies of decisions noting their appearance or pleadings subscribed by them. Litigation experience should include actions on the policy, actions for declaratory judgment and/or common law interpleader.

521 Long Term Disability
Applicant has handled at least 5 Long term Disability matters through motions for summary judgement in the past 5 years and has obtained “judgment on the papers” in at least 2 matters in the past 5 years. Applicant demonstrates familiarity with ERISA law and procedures and demonstrates a means of staying current with ERISA case law and issues. Applicant shall also meet the requirements of category 501

 

0600 IMMIGRATION & NATURALIZATION

Standards

602 Visa Petition/Application:
Applicant must have completed at least 15 Visa applications within the past 3 years and demonstrate thorough familiarity with immigration law and procedures.

603 Naturalization:
Applicant must have completed at least 6 applications for naturalization within the past 3 years and demonstrate a thorough familiarity with immigration laws and procedures.

604 Labor Certification:
Applicant must have completed at least 20 applications for labor certification within the past 3 years and demonstrate a thorough familiarity with immigration laws and procedures.

605 Fraud Investigation
Applicant meets the requirements for 602 and has handled at least 2 fraud investigations in the past 3 years.

606 Deportation:
Applicant has handled at least 10 deportation matters within the past 5 years and demonstrates a thorough familiarity with immigration laws and procedures.

608 Political Asylum:
Applicant has completed at least 5 asylum applications in the past 2 years and demonstrates a thorough familiarity with immigration laws and procedures.

609 Immigration Appeals:
Applicant has completed at least 10 appeals in immigration matters within the past 3 years and demonstrates a thorough familiarity with immigration laws and procedures.

 

0700 WORKERS' COMPENSATION

Standards

701 State Workers' Compensation
Applicant has handled at least 30 State Workers' Compensation cases within the past 4 years. Applicant demonstrates a thorough familiarity with Workers' Compensation law, procedures and appeals.

702 Federal Workers' Compensation:
Applicant has handled at least 3 Federal Workers' Compensation cases within the past 3 years. Applicant demonstrates a thorough familiarity with Workers' Compensation law, procedures and appeals.

 

0800 TORTS/NEGLIGENCE

Standards

801 Car Accidents/Slip & Fall/Premises Liability:
Level 1: Probable Damage Evaluation Less than $50,000
Applicant must have trial experience in Civil Court of the City of New York, or court of similar or greater jurisdiction; have presented plaintiff's case in at least 2 matters involving physical/emotional injuries; and has settled a minimum of eight matters in excess of $25,000, at least 4 of which were in suit.
Level 2: Probable Damage Evaluation of Up to $500,000
Applicant must meet the requirements of Level 1 and have trial experience in State Supreme Court or court of similar jurisdiction; have completed plaintiff's case and cross examination of defense experts in a minimum of 4 cases; in addition to the requirements of level 1 applicant must have resolved a minimum of 5 cases in excess of $100,000. Applicant must have obtained a jury verdict or settlement after presentation of plaintiff's case in at least 3 cases, one of which was favorably decided in excess of $250,000. and applicant has settled at least 3 cases in excess of $250,000 within the past 4 years.
Level 3: Probable Damage in Excess of $500,000
Applicant must have trial experience in State Supreme Court or court of similar jurisdiction, have completed plaintiff's case and cross examination of defense experts in a minimum of 8 cases. Applicant must meet the requirements of Level 2 and have resolved a minimum of 3 cases in excess of $500,000 and resolved a minimum of 5 cases in excess of $250,000 within the past 4 years. Applicant must have obtained jury verdicts or settlement after presentation of plaintiff's case in a minimum of three cases
favorably decided in excess of $500,000. Applicant must have devoted a substantial portion of their practice to personal injury litigation for at least 5 years.

802 Assault & Battery/False Arrest/False Imprisonment/Police Brutality/Malicious Prosecution:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

803 Defamation/Libel & Slander:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

804 Property Damage:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

805 No-Fault Insurance:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

806 Tavern Owners Liability, Dram Shop:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

807 Constitutional/ Civil Rights:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

808 Un/Under insured:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

809 Medical Malpractice:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made, demonstrates the availability of resources and/or staff to evaluate and litigate malpractice actions and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

810 Legal Malpractice:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made, demonstrates the availability of resources to evaluate and litigate legal malpractice actions and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

811 Aviation Accidents/Mass Disasters:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

812 Products Liability:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

813 Dental Malpractice:
Applicant has handled at least 3 cases in this subcategory at the level for which application is being made and
Level 1: Applicant meets the requirements of 801 Level 1
Level 2: Applicant meets the requirements of 801 Level 2
Level 3: Applicant meets the requirements of 801 Level 3

814 Paralysis/Death:
Applicant has handled at least 3 cases in this subcategory and
Applicant meets the requirements of 801 Level 3

820 Tort Defense
Applicant has represented defendants in personal injury matters in, at least, 5 matters in the past 5 years.

821 Tort/Negligence Appeals:
Applicant meets the requirements of subcategory 2202

 

0900 INTELLECTUAL PROPERTY RIGHTS

Standards

901 Trademarks:
Applicant has prepared and filed at least 2 Federal trademark applications within the past 3 years or has handled 3 matters concerning the use, registration, transfer or infringement of Federal trademarks or Service Marks.

902 Copyrights:
Applicant has filed 2 Federal copyright applications or handled 2 matters concerning the transfer, licensing, renewal or infringement of copyrights and demonstrates familiarity with issues related to literary works, musical works, dramatic works, choreographic works, motion picture/audiovisual works, sound recordings or computer software.

903 Patents:
Applicant must be licensed to practice before the U.S. Patent and Trademark Office and successfully completed 3 patent applications.

904 Unfair Competition:
Applicant meets the requirements of subcategory 210 and has handled at least 3 contested unfair competition or trade secret cases. Applicant must demonstrate extensive experience with discovery rules and procedures in Federal and State courts.

905 Computer Related Law:
Applicant must have prepared contracts and represented vendors, purchaser or developers of computer software in at least 5 different matters.

906 Intellectual Property Litigation:
Applicant meets the requirements of subcategory 210 and, at least, 3 of the matters involved intellectual property issues.

 

1000 REAL PROPERTY

Standards

1003 Co-op & Condos:
Applicant has handled at least 5 co-op and/or condo closings within the past 3 years and demonstrates familiarity with requirements of due diligence, contract and financing issues existing at the time.

1004 Coop Boards:
Applicant demonstrates experience with disputes between coop boards and shareholders and has successfully resolved at least 3 matters

1007 Easements, Zoning, Variances:
Applicant demonstrates familiarity with Community Board and NYC procedures to obtain zoning variances and has represented at least 2 matters relating to easement or zoning disputes. Applicant demonstrates relevant litigation and/or administrative hearing experience.

1008 Complex Transactions/Subdivisions:
Applicant has been lead attorney in at least 5 complex transactions in the last 3 years.

1009 Foreclosures:
Applicant has been attorney of record for homeowner in at least 3 home foreclosures in the past 5 years and demonstrates familiarity with predatory lending, fraud, Truth-in-Lending claims and remedies and defenses available as a result of 2008 economic recovery measures.

1010 Real Property Litigation:
Applicant has handled at least 3 matters within the last 5 years through discovery or motion practice involving a dispute as to real estate brokers' commissions, specific performance, partition, enforcement or defense against a liquidated damages clause, action to quiet title, breach of contract, etc. excluding landlord/tenant matters.

1011 Eminent Domain/Condemnation:
Applicant has handled at least 2 cases within the last 5 years involving eminent domain or condemnation issues.

1012 Tax Certiorari:
Applicant has handled at least 3 tax certiorari petitions.

1015 One and Two Family Homes:
Applicant has handled at least 5 residential home closings within the last 3 years and demonstrates familiarity with requirements of contract and financing issues existing at the time, as well as with the handling of environmental violations and problems with building code violations and certificates of occupancy.

1016 Housing Discrimination
Applicant has been attorney of record in at least 3 housing discrimination matters in the last 5 years through the discovery process and is a member of one or more employment discrimination panels OR applicant has resolved at least 6 housing discrimination matters where applicant was the attorney of record through the discovery process.

 

1100 CRIMINAL

Standards

1101 Misdemeanors:
Applicant must have handled at least 3 criminal jury trials and 5 misdemeanor matters OR applicant qualifies for membership under 1102 and qualifies for membership on the 18b misdemeanor panel. Applicant must demonstrate experience as a defense attorney and be familiar with the unique ethical issues of defense counsel.

1102 Felonies:
Applicant must have handled at least 3 felony jury trials and five preliminary hearings or motions to suppress evidence or identification and qualify for the 18b felony panel. Applicant must demonstrate experience as a defense attorney and be familiar with the unique ethical issues of defense counsel.

1103 Homicide:
Applicant must have handled at least one homicide case and qualify for category1102.

1104 White Collar:
Applicant must have handled at least 3 white collar matters in the past 2 years and qualify for category 1102.

1105 Traffic:
Applicant has handled at least 5 moving violations and has completed at least 2 bench trials

1106 Criminal Appeals
Applicant must have completed three criminal appeals within the last 5 years.

1107 Property Forfeiture:
Applicant must have handled at least 3 property forfeiture cases in state or federal court within the past 5 years and qualify for category 1102

1108 Juvenile Delinquency:
Applicant must have handled at least 3 juvenile criminal matters in Family court or Criminal court and qualify for category 1102

1110 DWI/DUI:
Applicant must have handled at least 3 DWI/DUI matters and qualify for category 1101

1111 Parole Violation:
Applicant meets the requirements for category 1102 and has handled at least 1 parole violation hearing.

1112 Federal Criminal:
Applicant must have handled at least 3 criminal matters in Federal Court within the past 5 years and qualify for category 1102. Applicant must demonstrate familiarity with Federal Sentencing guidelines and motions for downward departure.

1114 Criminal RICO
Applicant qualifies for category 1112 and has represented clients in, at least, 2 RICO matters.

1115 Immigrant Criminal Defense
Applicant meets the requirements of category 1102, has represented immigrants in, at least, 3 matters and demonstrates familiarity with the consequences of criminal convictions and plea agreements on immigration status.

 

1200 ADMINISTRATIVE LAW

Standards

1206 Social Security Disability:
Applicant must have handled at least 10 social security disability applications.

1207 Federal Agencies:
Applicant must have handled at least 5 administrative law proceedings in Federal agencies. Applicant must demonstrate familiarity with the rules and procedures of the particular forum and the standards for review of administrative proceedings. Applicant shall identify the agencies in which matters were handled.

1208 State Agencies:
Applicant must have handled at least 5 administrative law proceedings in State Agencies. Applicant must demonstrate familiarity with the rules and procedures of the particular forum and the standards for review of administrative proceedings. Applicant shall identify the agencies in which matters were handled.

1210 Taxi and Limousine Commission:
Applicant must have handled at least 5 administrative law proceedings before the Taxi and Limousine Commission. Applicant must demonstrate familiarity with the rules and procedures of the particular forum and the standards for review of administrative proceedings.

1211 Professional Discipline:
Applicant must have handled at least 5 disciplinary proceedings before any of the professional licensing agencies. Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings. Applicant shall identify the agencies in which matters were handled.

1212 Liquor License/ Alcohol Beverage Commission:
Applicant must have handled at least 5 liquor license applications. Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings.

1213 Business License:
Applicant must have handled at least 5 business license applications. Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings. Applicant shall specify the licenses involved.

1214 Gun Permit:
Applicant must have handled at least 5 gun permit applications. Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings.

1221 Attorney Discipline:
Applicant must have handled at least 5 disciplinary proceedings before any of the Appellate Division Disciplinary Committees. Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings.

1222 Mental Hospital:
Applicant must have handled at least 5 mental hospital release hearings. Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings.

1224 Unemployment Insurance:
Applicant must have handled at least 5 unemployment insurance hearings. Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings.

1225 SSI:
Applicant must have handled at least 10 social security disability applications.
Applicant must demonstrate familiarity with the rules and procedures of the forum and the standards for review of proceedings.

 

1300 CONSUMER LAW

Standards

1301 Home improvement/Repair:
Applicant has handled through discovery or motion practice 2 matters involving home improvement contracts or consumer issues within the past 3 years or has handled 5 non-trial dispositions of such matters in the last 3 years and has civil litigation experience in other areas of law.

1303 Consumer Fraud:
Applicant has handled through discovery, motion practice or administrative hearings 2 matters involving consumer fraud issues within the past 3 years or has handled 5 non-trial dispositions of such matters in the last 3 years and has civil litigation experience in other areas of law.

1304 Lemon law:
Applicant has resolved 2 matters involving “Lemon Law” issues within the past 3 years or has handled 5 non-trial dispositions of such matters in the last 3 years and has civil litigation experience in other areas of law.

1305 Credit:
Applicant has resolved through discovery, motion practice or administrative hearings 2 matters involving credit issues within the past 3 years or has handled 5 non-trial dispositions of such matters in the last 3 years and has civil litigation experience in other areas of law.

1308 General Consumer Problems:
Applicant has resolved through discovery, motion practice or administrative hearings 2 matters involving consumer issues within the past 3 years or has handled 5 non-trial dispositions of such matters in the last 3 years and has civil litigation experience in other areas of law.

1309 Name Change:
Applicant has handled 2 petitions for name change within the past 3 years and has civil litigation experience in other areas of law.

1315 Utility Disputes:
Applicant has handled 2 utility disputes within the past 3 years and has administrative law hearing or civil litigation experience in other areas of law. Applicant demonstrates familiarity with proceedings before the Public Service Commission.

 

1400 ENTERTAINMENT LAW

Standards

1401 Music and Recording:
Applicant must have represented entertainers, agents or producers in the negotiation of, at least, 4 contracts in the past 5 years. Applicant must demonstrate familiarity with typical issues in the industry and how they are handled, including related issues of compensation and accounting, preservation of copyrights and royalties, rights and protection of digital media

1402 Film/Television/Modeling:
Applicant must have represented actors, models, agents or producers in the negotiation of, at least, 4 contracts in the past 5 years. Applicant must demonstrate familiarity with typical issues in the industry and how they are handled, including related issues of compensation and accounting, preservation of copyrights and royalties, rights and protection of digital media

1403 Theater:
Applicant must have represented entertainers, theater or dance companies, agents or producers in the negotiation of, at least, 4 contracts in the past 5 years. Applicant must demonstrate familiarity with typical issues in the industry and how they are handled. including related issues of compensation and accounting, preservation of copyrights and royalties, rights and protection of digital media and relevant labor and employment issues.

1404 Publishing:
Applicant must have represented writers, agents or publishers in the negotiation of, at least, 4 contracts in the past 5 years. Applicant must demonstrate familiarity with typical issues in the industry and how they are handled,. including related issues of compensation and accounting, preservation of copyrights and royalties, rights and protection of digital media.

 

1500 BANKRUPTCY LAW

Standards

1501 Business/Reorganization:
Applicant has represented at least 3 business debtors through confirmation in the last 5 years in at least 2 of the following categories:
(a) A proceeding under Chapter 11 where the plan is confirmed;
(b) A bankruptcy proceeding involving a business or professional practice;
(c) One of the following:
1. A state court receivership;
2. A corporate dissolution where the assets were liquidated for the benefit of creditors.

1502 Large Personal/Professional:
Applicant has handled at least 5 bankruptcies for persons with income over $150,000 with assets over $100,000 excluding residence through discharge within the past 5 years. Of the 5 bankruptcies at least 2 must have involved professionals.

1503 Wage Earner:
Applicant has completed through discharge at least 5 Chapter 7 bankruptcies within the past 5 years and has had at least 2 Wage earner Chapter 13 plans approved within the past 5 years.

1504 Chapter 7:
Applicant has completed at least 5 Chapter 7 bankruptcies within the past 5 years in cases involving the means test and demonstrates knowledge of Chapter 13. Applicant demonstrates familiarity with rules and procedures of the Bankruptcy Court.

1505 Creditor's Rights:
Applicant has represented Creditors in at least 3 insolvency proceedings within the past 3 years. Applicant demonstrates familiarity with rules and procedures of the Bankruptcy Court.

1506 Bankruptcy Court Appeals:
Applicant demonstrates experience and familiarity with the appeals process and has handled at least 2 Bankruptcy Court Appeals in the past 5 years. Applicant demonstrates familiarity with rules and procedures of the Bankruptcy Court.

 

1600 TAX LAW

Standards

1601 Federal , State & Local Personal or Estate Income Tax:
Level 1: Matters involving basic knowledge of tax laws, regulations, rulings and case law and involving potential taxes of less than $25,000 for an individual and no tax fraud issues. Applicant must have at least 2 year's experience with the IRS or state tax authority; or at least one year's experience in tax matters in private practice and access to a tax library.
Level 2: Matters involving detailed working knowledge of the tax laws, regulations, rulings and case law involving potential taxes of less than $100,000 and no allegations of fraud. Applicant must have an LLM in taxation or be licensed as a CPA (MBA in taxation or finance and substantial CLE in area will be considered). In addition, applicant must have either a) at least 2 years Tax Court experience or experience with a state tax authority; or, b) 3 years experience in tax matters in private practice. Applicant must demonstrate attendance at or presentations at CLE programs, at least every 2 years. Applicant must have access to a full tax library. Applicant must have prepared at least 5 tax returns at Level 2 each year for the last 3 years. Applicant must have written at least 5 opinion letters or have been involved in at least 5 matters at Level 2. An alternative to the writing of opinions or handling tax matters could be substantial related published writing, lecturing at CLE or teaching at an accredited law school or substantial reputation in the field.
Level 3: Matters involving potential taxes of $100,000 or more or matters involving allegations of tax fraud. Applicant must have malpractice insurance of at least one million dollars. Applicant must have an LLM in taxation or be licensed as a CPA(MBA in taxation or finance and substantial CLE in area will be considered). In addition, applicant must have either a) at least 2 years Tax Court experience or experience with a
state tax authority; or, b) 5 years experience in tax matters in private practice. Applicant must demonstrate attendance at or presentations at CLE programs, at least every 2 years. Applicant must have access to a full tax library. Applicant must have prepared at least 10 tax returns at Level 3 each year for the last 3 years. Applicant must have written at least 10 opinion letters or have been involved in, at least 10 matters at Level 3. An alternative to the writing of opinions or handling tax matters could be substantial related published
writing, lecturing at CLE or teaching at an accredited law school or substantial reputation in the field.

1602 Business or Professional:
Level 1: Matters involving potential business tax liability under $50,000 and no allegations of fraud. Applicant must meet the requirements of subcategory 1601 Level 1.
Level 2: Matters involving potential business tax liability under $100,000 and no allegations of fraud. Applicant must meet the requirements of subcategory 1601 Level 2
Level 3: Complex matters involving potential business tax liability of over $100,000 or matters involving tax fraud. Applicant must meet the requirements of 1601 Level 3.

1603 Interstate/International:
Applicant must meet the requirements of 1601 Level 3 and demonstrate the availability of resources to manage matters in multiple jurisdictions.

1604 Audits and Tax Litigation:
Level 1: Applicant must meet the requirements of 1601 Level 1. Applicant must be admitted to the Tax Court and must have handled at least 5 audits or litigated matters in the past 3 years , of Level 1 matters achieving favorable results in at least 3 of those cases.
Level 2: Applicant must meet the requirements of 1601 Level 2. Applicant must be admitted to the Tax Court and must have handled at least 5 audits or litigated matters in the past 3 years, of Level 2 matters, achieving favorable results in at least 3 of those cases.
Level 3: Applicant must meet the requirements of 1601 Level 3. Applicant must be admitted to the Tax Court and must have handled at least 5 audits or litigated matters in
the past 3 years, of Level 3 matters, achieving favorable results in at least 3 of those cases.

1610 Tax Clinic: Reserved for Law School Clinics and Pro Bono Programs

1611 Appeals:
Applicant has tried at least 2 District Court cases and has handled at least 2 tax appeals in the past 5 years

 

1700 LABOR AND EMPLOYMENT LAW

Standards

1701 Employer Representation:
Applicant has represented employers in at least 10 matters in the past 5 years involving:
a) Negotiation of a collective bargaining agreement; and/or
b) Significant experience regarding organizational or election issues; and/or
c) Defense of discriminatory labor practice claims; and/or
d) Employer representation in employment/executive compensation agreements; and/or
e) Experience with improper labor practices; and/or
f) Counseling on layoffs, knowledge of state requirements; and/or
g) Preparation of severance agreements; and/or
h) Handling grievances and contract arbitrations.

1702 Employee Wrongful Termination:
Applicant must have been principally involved in resolving at least 8 matters on behalf of employees in discipline and termination actions within the past 5 years, including at least 3 wrongful/abusive discharge matters and must have handled any 2 matters through trial in the Supreme Court or US District Court within the past 7 years.

1703 Civil Service:
Applicant must have represented at least 5 civil service matters in the past 5 years, at least 2 of which involved contested hearings.

1704 Pensions:
Applicant must demonstrate familiarity with pension and ERISA issues and have represented employees in at least 5 matters involving the payment of a pension.

1705 Employee Other:
Applicant meets the requirements of 1702

1706 ERISA:
Applicant has handled at least 5 ERISA matters through motions for summary judgement in the past 3 years and has obtained “judgment on the papers” in at least 2 matters in the past 3 years. Applicant demonstrates familiarity with ERISA law and procedures and demonstrates a means of staying current with ERISA case law and issues.

1710 Sex Discrimination/Harassment:
Applicant meets the requirements of 1702 and must have represented clients as principal attorney of record in 3 matters involving any discrimination/protected area.. Applicant demonstrates familiarity with substantive law of the area and the rules and procedures of the relevant administrative agencies, state courts and federal courts having jurisdiction over these matters.

1711 Age Discrimination:
Applicant meets the requirements of 1702 and must have represented clients as principal attorney of record in 3 matters involving any discrimination/protected area.. Applicant demonstrates familiarity with substantive law of the area and the rules and procedures of the relevant administrative agencies, state courts and federal courts having jurisdiction over these matters.

1712 Race/Religion Discrimination:
Applicant meets the requirements of 1702 and must have represented clients as principal attorney of record in 3 matters involving any discrimination/protected area.. Applicant demonstrates familiarity with substantive law of the area and the rules and procedures of the relevant administrative agencies, state courts and federal courts having jurisdiction over these matters.

1713 Disability Discrimination:
Applicant meets the requirements of 1702 and must have represented clients as principal attorney of record in 3 matters involving any discrimination/protected area.. Applicant demonstrates familiarity with substantive law of the area and the rules and procedures of the relevant administrative agencies, state courts and federal courts having jurisdiction over these matters.

1714 Cancer Clinic:
This category involves direct referrals from another program in the Bar Association. The consultation fee generally charged for a Legal Referral Service referral is waived. Applicant must qualify for category 1713

1715 Family Medical Leave Act
Applicant meets the requirements of category 1702 and must have represented clients as principal attorney of record in, at least, 3 matters involving the Family Medical Leave Act
Applicant demonstrates familiarity with substantive law of the area and the rules and procedures of the relevant administrative agencies, state courts and federal courts having jurisdiction over these matters.

1716 Wage and Hour Matters
Applicant meets the requirements of category 1702 and must have represented clients as principal attorney of record in, at least, 3 matters involving the wage and hour disputes.
Applicant demonstrates familiarity with substantive law of the area and the rules and procedures of the relevant administrative agencies, state courts and federal courts having jurisdiction over these matters.

 

1800 INTERNATIONAL LAW

Standards

1801 International Trade Agreements:
Applicant must demonstrate a minimum of five years experience in commercial transactions, contracts and business law including experience as principal attorney in at least 3 international trade matters, such as penalty matters for failure to declare, currency violations or fraud, criminal smuggling cases, violations of monetary controls, transaction structuring, customs entry procedures, Quotas, export/import licenses, dumping or countervailing duties cases, legislative matters, joint ventures, distributorship and licensing agreements, trademarks/copyrights, letters of credit and shipping cases.
It is helpful if applicant is a member of a recognized professional group dealing with international problems, such as International Bar Association or international law sections of the American Bar Association or state or local bar associations. Applicant must also demonstrate a network of co- counsel in foreign jurisdictions and/or procedures for obtaining local counsel.

1802 Customs and Tariffs:
Applicant must demonstrate a minimum of five years experience in commercial transactions, contracts and business law including experience as principal attorney in at least 3 international trade matters, such as penalty matters for failure to declare, currency violations or fraud, criminal smuggling cases, violations of monetary controls, transaction structuring, customs entry procedures, Quotas, export/import licenses, dumping or countervailing duties cases, legislative matters, joint ventures, distributorship and licensing agreements, trademarks/copyrights, letters of credit and shipping cases.
It is helpful if applicant is a member of a recognized professional group dealing with international problems, such as International Bar Association or international law sections of the American Bar Association or state or local bar associations. Applicant must also demonstrate a network of co- counsel in foreign jurisdictions and/or procedures for obtaining local counsel.

1803 Reparations:
A detailed qualifications statement should accompany the application.

 

2000 SECURITIES LAW

Standards

2001 Arbitration/Litigation Customers:
Applicant must demonstrate thorough knowledge of customer/broker disputes and must have represented clients in the preparation and presentation of at least 5 matters in the past 3 years before the appropriate arbitration forums or in litigation. Applicant must be familiar with the rules and procedures of the main arbitration forums in New York.

2002 Arbitration/Litigation Employment:
Applicant must demonstrate thorough knowledge of broker/employer disputes and must have represented clients in the preparation and presentation of at least 5 matters involving employment in the securities industry in the past 3 years before the appropriate forums or in litigation. Applicant must be familiar with the rules and procedures of the main arbitration forums in New York.

2010 Securities Clinic:
Category restricted to institutions providing pro bono fee services to customers in securities arbitration and litigation matters.

 

2200 CIVIL APPEALS LAW

Standards

2201 Federal Civil Appeals:
Applicant has handled through briefing and/or argument at least 5 Federal Civil appeals over the past 10 years. Applicant demonstrates familiarity with motion practice in this forum. Applicant shall provide a list of all published decisions.

2202 New York State Appeals - Appellate Division:
Applicant has handled through briefing and/or argument at least 5 New York State appeals in the Appellate Division over the past 10 years. Applicant demonstrates familiarity with motion practice in this forum. Applicant shall provide a list of all published decisions.

2203 New York State Appeals - Appellate Term:
Applicant has handled through briefing and/or argument at least 5 New York State appeals in the Appellate Term over the past 10 years. Applicant demonstrates familiarity with motion practice in this forum. Applicant shall provide a list of all published decisions.

2204 New York State Appeals - Court of Appeals:
Applicant has handled through briefing and/or argument at least 1 New York State appeal in the Court of Appeals over the past 10 years. Applicant demonstrates familiarity with appellate motion practice. Applicant shall provide a list of all published decisions. Applicant qualifies for category 2201 or 2202

 

2300 OTHER LAW

Standards

2303 Admiralty:
Applicant demonstrates familiarity with the Jones Act and the Longshoreman's and Harbour Worker's Acts and has handled at least 3 matters involving the above acts or otherwise represented persons injured on the high seas. For commercial admiralty matters and maritime insurance, applicant shall provide a summary of 3 matters handled.

2304 Military Law:
Applicant has served as a former JAG officer or has handled matters under the UCMJ

2306 Disabled Persons:
Applicant demonstrates familiarity with the issues confronting disabled persons and has handled at least 3 matters under the Americans with Disabilities Act.

2310 Qui Tam:
Applicant has successfully initiated prosecution under Qui Tam and/or Sunshine Laws and/or whistle blower cases.

 

2400 EDUCATION LAW

Standards

2402 Teachers:
Applicant has handled at least 6 labor arbitrations of which 3 were disciplinary issues within the past 5 years. Applicant has handled at least one disciplinary hearing involving a teacher or administrator in the past 5 years. Applicant has handled at least 2 Article 78 proceedings involving issues of seniority, denial of tenure, termination before tenure or first amendment issues. Applicant must demonstrate familiarity with faculty advancement process in public and private institutions.

2403 Schools:
Applicant must demonstrate experience within the past 3 years representing, as attorney of record or principal attorney, urban or suburban school districts or representing private and/or vocational schools, private colleges or religious schools.

2404 Special Education:
Applicant must have handled at least 2 impartial hearings involving special education benefits. Applicant's should have litigation experience and must have handled at least 2 Article 78 proceedings. Applicant must demonstrate familiarity with laws relating to student rights and special education laws and procedures. Applicant should be familiar with meetings with the Committee on Special Education and procedures for an appeal to the Commissioner of Education.

2405 Student Rights/Discipline- Elementary through High School:
Applicant has handled 3 cases representing public school students in disciplinary hearings and is familiar with placement, registration and vaccination issues.

2406 Student Discipline/Grades - Higher Education:
Applicant has handled at least 3 disciplinary proceedings in public or private institutions.

2407 School Staff Issues - Civil Service and Non-Professional Staff:
Applicant must have handled at least 3 matters in the past 5 years involving Article 78 proceedings and has experience with arbitration proceedings. Applicant must demonstrate familiarity with proceedings under the Civil Service law including provisions relating to disability re-instatement, disciplinary removal and collective bargaining agreement procedures.

2408 NYC/NYS Teacher's Retirement Issues:
Applicant must have handled at least 3 matters involving disability retirement.

 

3200 LANDLORD/TENANT LAW

Standards

3201 Tenants:
Applicant has practiced in the area of Landlord/tenant law for at least 3 years and has represented tenants in at least 10 contested matters in the past year. Applicant must demonstrate substantial knowledge of the law related to eviction, habitability, repairs and services. Applicant must be familiar with issues of primary residency, rent control and rent stabilization.

3202 Landlords:
Applicant has practiced in the area of Landlord/tenant law for at least 3 years and has represented landlords in at least 10 contested matters in the past year. Applicant must demonstrate substantial knowledge of the law related to eviction, habitability, repairs, leases and services. Applicant must be familiar with issues of primary residency, rent control and rent stabilization.

3203 Commercial Landlord/Tenant:
Applicant must have represented parties in preparing and/or litigating 5 commercial leases in the past 5 years and be familiar with the law relating to renovation, options, liability, subleasing and other issues likely to be involved in such leases.

3204 Tenant Groups:
Applicant must meet the requirements of subcategory 3201 and have organized and/or represented at least 3 tenant groups in the past 10 years.

3205 Loft Law:
Applicant must meet the requirements of subcategory 3201 and must have handled at least 3 Loft Law matters in the past 10 years.

3206 Mitchell Lama:
Applicant must meet the requirements of subcategory 3201 and must have handled at least 3 Mitchell Lama matters in the past 10 years.

3207 Appeals:
Applicant meets the requirements of subcategory 2203 or applicant has handled at least 2 appeals to the Appellate Term, meets the requirements of subcategory 3201 or 3202 and demonstrates substantial knowledge in the area of Landlord/tenant law.

 

6300 CLINIC CLIENT/MODERATE MEANS

Standards

6301 Uncontested Divorce:
Applicant must meet the requirements of subcategory 303 or have participated in an uncontested divorce clinic program sponsored by a bar association which provided training and supervision and must demonstrate that they have handled at least 3 uncontested divorces.

6302 Chapter 7:
Applicant must meet the requirements of subcategory 1504 or have participated in a bankruptcy clinic program sponsored by a bar association which provided training and supervision and applicant must demonstrate that they have handled at least 3 chapter 7 bankruptcies through discharge.

6303 Chapter 13:
Applicant must meet the requirements of subcategory 1503 or have participated in a bankruptcy clinic program sponsored by a bar association which provided training and supervision and applicant must demonstrate that they have handled at least 3 chapter 13 bankruptcies through confirmation.

6304 Small Business:
Applicant meets the requirements of any subcategory of Category 100, 200, 900 or 3203

 

6500 MEDIATION

Standards

6501 Family Mediation:
See separate mediation application

6502 Commercial Mediation:
See separate mediation application

 

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