NYSBA | Join the NYSBA Lawyer Referral Service.

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Feb 15, 2017 4:00 PM

Stacey Whiteley

Good afternoon,

The Lawyer Referral and Information Service (LRIS) has recently undergone a much anticipated update! The LRIS now features an online 24/7 referral request platform allowing potential clients the ability to request legal services at their convenience. This online platform adds a new level of control for panel attorneys to screen potential clients, while creating a higher level of efficiency in regard to reporting and tracking.

In order for our interested members to have an opportunity to try the new service, the LRIS is offering FREE panel registration for 2017! This is a no hassle, no risk opportunity to determine if being part of the LRIS is right for your practice.

When you’re ready to sign up and would like more information, please reach out to our helpful LRIS staff at 1.800.342.3661 or visit: www.nysba.org/joinLR .

Questions, please call 1.800.342.3361.

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Stacey Whiteley

Managing Director, Legal and Community Services

New York State Bar Association

Albany NY

(518) 463-3200

Yale and Harvard Law Deans Pull No Punches in Op-Ed on Trump | Law.com

BY KAREN SLOAN

The deans of Yale Law School and Harvard Law School have joined the growing chorus of lawyers publicly condemning President Donald Trump’s attacks on the judiciary.

In a blistering op-ed in The Boston Globe on Friday, Harvard’s Martha Minow and Yale’s Robert Post wrote that Trump’s Twitter-delivered insults against the federal judges who stayed his controversial travel ban risk making the president “an enemy of the law and the Constitution.”

“By questioning the legitimacy and authority of judges, Trump seems perilously close to characterizing the law as simply one more enemy to be smashed into submission,” the deans wrote. “At risk are the legal practices and protections that guard our freedom and our safety from the mob violence that destroyed democracies in the 1930s.”

Trump called U.S. District Court Judge James Robart, who initially stayed the travel ban, a “so-called judge” on Twitter. He then went after the appellate panel for leaving Robart’s order in place, calling their ruling “disgraceful,” among other comments. Last year, Trump accused the judge hearing a lawsuit over his Trump University of bias due to the jurist’s Mexican heritage.

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Last week, American Bar Association president Linda Klein lambasted Trump’s attack on Robart in a fiery speech delivered during the organization’s midyear meeting in Miami. “There are no ‘so-called’ judges in America,” Klein said.

“There are simply judges, fair and impartial. And we must keep it that way.”

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Read more…

Foreclosure Litigation Strategy Takes Aim at Seniors, Attorneys Say | Law.com

BY SAMANTHA JOSEPH

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This, defense attorneys say, is a new strategy by lenders and plaintiffs lawyers: sue to foreclose on government-guaranteed home loans under various defaults, then fast-track these suits by filing motions for orders to show cause. These motions shift the burden of proof to the borrower, requiring them to appear in court and explain why a judge shouldn’t grant final judgment against them.

“All of a sudden, we saw a spate of foreclosures [on reverse mortgages] where the mortgage companies alleged the seniors no longer lived in the home,” said Gladys Gerson, supervising attorney for Coast to Coast Legal Aid of South Florida’s senior unit. “This has been happening around the state.”

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Corona admits he didn’t expect a hard fight when he first reviewed El Hassan’s case, but court records show he was wrong. Over the last 10 months, the ongoing litigation yielded two hearings, 40 docket entries and attempts by both sides to collect attorney fees.

When he first met El Hassan, Corona expected the plaintiff would realize the error and dismiss the suit. Without charging her or entering a notice of appearance, he placed a phone call to plaintiffs lawyers at Robertson Anschutz & Schneid in Boca Raton to say El Hassan had never moved out of her home.

Robertson Anschutz & Schneid did not respond to requests for comment, but court records show they ratcheted up the litigation with a motion for an order to show cause weeks after Corona’s phone call.

“I looked at the document. I couldn’t believe it,” Corona said. “I was in shock (at) what the bank was trying to do.”

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Read more…

How Strong is San Francisco’s “Sanctuary City” Lawsuit Against the Trump Administration? | Vikram David Amar | Verdict | Legal Analysis and Commentary from Justia

 VIKRAM DAVID AMAR AND MICHAEL SCHAPS

With many eyes this week on the Ninth Circuit litigation challenging President Trump’s Executive Order regulating entry into the U.S. by nationals of seven Middle Eastern and African countries, less noticed but potentially as important is a separate lawsuit (San Francisco v. Trump) the City and County of San Francisco has filed against the feds focusing on a different Executive Order the President has issued–this one seeking to rein in so-called sanctuary jurisdictions. Although the term “sanctuary” lacks universal legal meaning, San Francisco has long considered itself a sanctuary city insofar as it limits its cooperation with federal immigration authorities. San Francisco’s stated view is that its residents are safer and healthier if undocumented residents feel free to report crimes to police and to avail themselves of other public resources (e.g., health clinics and schools) without fear that local authorities are actively working with the feds in deportation efforts.

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Read entire article and analysis…

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Pogue’s Basics: Have your iPhone announce your calls

David Pogue

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Open Settings > Phone >Announce Calls. Here, you get to choose whenthe phone announces the caller’s name when it rings: Always, Never, Headphones Only, or Headphones & Car.

The point of Headphones is privacy — it means, “Don’t announce the caller’s name at times when anyone nearby can hear; announce it only when I’m listening in private.”

And the point of “Headphones & Car” is a safety thing. When you’re driving, you don’t want to take your eyes off the road to see who’s calling.

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Read more…watch video…

Data on man’s pacemaker led to his arrest on arson charges–ABA Journal

BY DEBRA CASSENS WEISS

Police charged a Middletown, Ohio, man with aggravated arson and insurance fraud after data on his pacemaker was inconsistent with his claims about his physical activity when his house burned down.

Police said they charged Ross Compton, 59, after obtaining a warrant to search the pacemaker, report WLWT and the Journal-News. Police Lt. Jimmy Cunningham told WLWT that one of the key pieces of information was the pacemaker evidence.

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Read more…

9th Circuit Upholds District Court’s Block of Trump’s Immigration Order – CourtSide

By George Khoury, Esq

Making headlines across the country tonight, the 9th Circuit Court of Appeals upheld the lower federal district court’s order, issued last week, blocking President Trump’s controversial immigration executive order, commonly referred to as the “Muslim ban,” from taking effect nationwide. The Ninth Circuit Court of Appeals, in a rare unanimous per curium decision, repeatedly explained that the federal government’s arguments were untenable. The lower court put a stop to the executive order, which allowed immigrants, and lawful permanent residents, who were being denied entry under the order, to enter the country. – See more at: http://blogs.findlaw.com/courtside/2017/02/9th-circuit-upholds-district-courts-block-of-trumps-immigration-order.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FLCourtSide+%28CourtSide%29&DCMP=NWL-cons_breakingdocs#sthash.o3rLratf.dpuf

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North Carolina Law Students Must Disable MacBook Pro Touch Bar for 2017 Bar Exam [Updated] – Mac Rumors

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This is a notice for all applicants who will be using their laptop at the February 2017 North Carolina Bar Examination. If you are planning to use the newest version of the Mac Book Pro with Touch Bar, you will be required to disable the Touch Bar feature prior to entry into the Bar Examination Site. 

To disable the Touch Bar: 

From the Dock, open System Preferences, then double-click Keyboard, then open the drop-down menu for “Touch Bar Shows,” and select Expanded Control Strip. 

Please be advised that the Announcing Proctor will make an announcement at the start of the exam session asking anyone who is using a Mac Book Pro with Touch Bar to raise their hand so that a proctor or ExamSoft technician can come to their seat and ensure that the Touch Bar has been disabled.

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No reason is given…but read more, including an update that California has issued an even more restrictive rule…

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Group Turns To Big Law for Major Immigrant Rights Effort | New York Law Journal

Christine Simmons, New York Law Journal

Spurred on by President Trump’s deportation priorities, a group of big-firm lawyers and nonprofit attorneys has launched a project to represent immigrants nationwide who are at risk for deportation and already has distributed a mass letter to hundreds of large firms seeking donations and pro bono work.

The American Immigrant Representation Project, formed shortly after Trump’s election, on Friday wrote to more than 300 lawyers, mostly at Am Law 200 firms and plaintiff firms, spelling out the need for resources and volunteers. The letter asks firms to commit $10,000 and/or designate a partner and three associates who will develop an expertise in the field through the initiative’s training and represent those targeted for removal.

“The immigration defense community desperately needs the help of the private bar,” the letter said. “We expect thousands of people will need representation, most of whom will be unable to locate or afford counsel.

The letter noted immigrants with counsel are 14 times more likely to successfully challenge removal than those without. “Our vision is to stand ready to provide representation to all those in need.”

Read more (may require free subscription)…

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Federal Judge Blocks Trump’s Immigration Order Nationwide – CourtSide

By Christopher Coble, Esq.

U.S. District Judge James Robart issued a nationwide injunction blocking enforcement of President Donald Trump’s recent executive order that banned citizens from seven predominantly Muslim nations from traveling to the United States. Robart, appointed to the Western District of Washington by Geroge W. Bush, ruled in favor of Washington Attorney General Bob Ferguson, who sued over the order last week.

Robart ruled that Washington State had standing to bring the case forward. In his oral ruling, he declared that Washington provided evidence that Trump’s order has immediate harm and that the lawsuit against the order has substantial likelihood of succeeding in challenging the constitutionality of the order.

Robart will be issuing a final written ruling. In the meantime, you can see Ferguson’s proposed temporary restraining order below.

– See more…