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NOTICE

We received a report of a member getting an unauthorized phone solicitation offering six months’ free New York State Bar Association membership. Please be advised that the Association is not engaged in telephone solicitations at this time. Although this is likely an isolated incident, if you receive such a call, do not share any personal information, and please let us know immediately by calling our Member Resource Center at 800.582.2452.

Email scam targets lawyers with fake disciplinary warnings, bar announcements–ABA Journal

Lawyers across the country should be on the lookout for phishing emails, which purport to be about new discipline investigations.More than 50 attorneys have received the emails, which have links to malicious software, says Molly Flood, research and information manager with the ABA’s Division for Bar Services. She suspects that senders get email addresses through the websites of state bars that also handle attorney regulation.

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“They also dummied up a webpage, that looked like it was our website,” says Francine Walker, the Florida Bar’s director of public information. Besides using unpaid bar dues and discipline complaints as a ruse, some of the emails claimed that the bar changed its fee schedule.

Read entire report from ABA Journal here.

CLE Program Attorney–NYSBA

The New York State Bar Association, a non-profit professional association, seeks a Program Attorney to assist in developing, coordinating and producing quality continuing legal education programs in both live and online formats.  A JD is required.  The ideal candidate should have experience in continuing legal education, or equivalent course development, and a minimum of two to three years of legal practice background. Excellent organizational, written and oral communication skills are required in addition to MS Office computer skills.

The position is located in Albany and requires some travel to the New York City area.   The Association is an equal opportunity employer and offers a competitive salary with a comprehensive benefit package.  Please submit a resume, cover letter and salary requirements to:

 

New York State Bar Association

Human Resources Department

1 Elk Street

Albany, NY  12207

FAX# 518/487-5544

HR@NYSBA.org

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Amy Jasiewicz

New York State Bar Association

Albany NY

(518) 463-3200

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Law firms discourage lateral departures with bonus clawbacks and other financial penalties-ABA Journal

Law firms are increasingly enforcing financial penalties in partnership agreements that discourage lateral departures.

Consultants told the Am Law Daily(sub. req.) that law firms are getting tough with departing lawyers by clawing back bonuses, delaying the return of capital, and limiting earnings to draws at the time of departure.

Law firms making lateral hires, on the other hand, are offering signing bonuses to make up for money given up by departing lawyers, the article reports. The signing bonus is often structured as a loan that is forgiven if a lateral stays at a firm for a set amount of time.

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Read entire article.

Related articles

General Order 26 | Northern District of New York | United States District Court

Attention Northern District of New York Federal Bar:   

General Order #26  has been amended effective May 23, 2016.

In the Matter of Courthouse Security and Limitations on the use of Electronic Devices within United States Courthouses in the Northern District of New York 

The main change to the General Order is below. The intent is to help expedite the screening of members of the bar. While it does not exempt attorneys from the security screening at the front entrance to the courthouse, attorneys who are entering the building for a court proceeding who present their NYS Unified Court System ID to the Court Security Officer will no longer need to surrender their electronic devices at the security station. 

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Screening and Search. All persons entering a federal courthouse in this district and all items carried by them are subject to appropriate screening and search by a United States Marshal, Court Security Officer, or any law enforcement officer. Persons may be requested to provide identification and to state the nature of their business in the courthouse. Anyone refusing to cooperate with these security measures may be denied entrance to the courthouse. Members of the Northern District Bar that present a valid New York State Court System Identification appearing for a proceeding before the Court will be allowed to retain their cell phones and computers following screening.

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This General Order is posted on our web-site at: 

http://www.nynd.uscourts.gov/content/general-order-26 

Thank you,

Lawrence K. Baerman, Clerk of Court

Schoenefeld v. State of New York

Full Text of Decision.

The court upheld N.Y. Judiciary Law § 470, requiring nonresident attorneys to maintain offices in New York State. Noting that more than 20,000 NYSBA members reside or practice outside the state, President David P. Miranda formed a working group to review the decision.

Criteria and Procedures for Determining Assigned Counsel Eligibility (with forms)–NYS OILS

———- Forwarded message ———-

From: Leahy, Bill (ILS) <Bill.Leahy@ils.ny.gov>

Date: Mon, Apr 4, 2016 at 4:26 PM

Subject: Criteria and Procedures for Determining Assigned Counsel Eligibility

Dear Board Members, Chief Defenders, Parental Representation Providers, County and City Officials:

 I am pleased to share with you the Criteria and Procedures for Determining Assigned Counsel Eligibility. They are the product of public hearings and surveys we conducted, in which many of you participated. These Criteria and Procedures are an important step toward the goal of having a uniform and legally acceptable eligibility standard in New York for people who are entitled by law to the assistance of counsel but “who are financially unable to obtain counsel.” County Law § 722. They are issued in accordance with Section VI of the Stipulation and Order of Settlement in Hurrell-Harring v. The State of New York and the authority granted to ILS under Executive Law § 832(3)(c). Their effective date is October 3, 2016. During this six-month period, judges and eligibility screeners will receive training in their implementation.

 I would like to emphasize a few points about these Criteria and Procedures:

 ·         Both the statute and the settlement order state that the Criteria and Procedures are intended “to guide courts…in determining whether a person is eligible for” publicly funded representation.

 ·         The Criteria and Procedures do not require any change in current practice whereby some judges determine eligibility directly, while others delegate eligibility recommendation responsibility to a screening entity.

 ·         The Criteria and Procedures respond to decades of criticism of New York’s failure to have a consistent set of criteria and procedures for determining eligibility for assigned counsel.  In particular, they address the 2006 Kaye Commission critique that “guidelines for the appointment of counsel exist only in a few counties and that even in those counties, the guidelines were not uniformly applied.”  Therefore, “a defendant may be deemed eligible for the appointment of counsel in one county and ineligible in a neighboring county or even in a different court within the same county.”

 ·         The process that we used to develop these Criteria and Procedures is explained at pp. 6-10.  I emphasize here that an important resource discovered at one of our eight public hearings was the 1977 Memorandum by the then-Director of the Third Judicial Department, Richard J. Comiskey, prepared at the direction of then-Presiding Justice Koreman and entitled “Assignment of Attorneys to Represent Individuals who are Financially Unable to Obtain Counsel.”  Our Criteria and Procedures build upon that early effort, which may be found at    https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Written%20Submissions/6th%20JD/Murphy/1977%20Third%20Department%20Memo.pdf.

 ·         We have heard and we respect the concerns that the implementation of these Criteria and Procedures may, in some localities, increase the number of persons who are eligible for the appointment of counsel. The data collection procedures described at pp. 50-51 are designed to measure that potential fiscal impact. Even in advance of implementation, during this six-month period of preparation, we will attempt to estimate the potential fiscal impact in particular localities; and we will seek additional state funding to pay for any increase in local costs which is attributable to their implementation.

 ·         A comprehensive study that we undertook to inform our establishment of these Criteria and Procedures is available for review on our website, https://www.ils.ny.gov.   That report is entitledDetermining Eligibility for Assignment of Counsel in New York: A Study of Current Criteria and Procedures and Recommendations for Improvement (Final Report: February 12, 2016). The Criteria and Procedures themselves are also accessible on our website.

 ·         As explained at page six, second paragraph, these Criteria and Procedures apply to criminal court proceedings in the counties outside of New York City.  However, we hope that they will provide guidance also to judges making eligibility determinations in criminal cases in New York City, and to Family Court judges statewide.

 Thank you all for your efforts to improve the quality of legally mandated representation in New York.

 Bill 

 William J. Leahy

Director

NYS Office of Indigent Legal Services

80 S. Swan Street

11th Floor

Albany, NY  12210

518-486-5747 (office)

617-997-9091 (mobile)

bill.leahy@ils.ny.gov

http://www.ils.ny.gov

Editor’s NOTE:  Forms are included in the appendices to the document.

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