Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by: first, introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or … Continued
Law practice management programs that keep track of staff responsibilities and communications with clients can help attorneys avoid ethical transgressions. A continuing legal education course produced by the New York State Bar Association’s General Practice Section revealed the top ethical mistakes attorneys make and how to avoid them. Jordan Turk, a legal technology adviser and … Continued
I submit this statement to declare my candidacy for President-Elect of the New York State Bar Association. I have been a member of NYSBA since my admission to the bar. I became active in NYSBA in the second half of my career, when I was asked to serve as a District Representative for the Real … Continued
Show up. Speak up. Woman up. Those are the words I live by. Those are the first words I tell my students when they walk into any Girls Rule the Law program. It means that while it’s important to show up (to register, to join, to sign up), it is equally important to participate meaningfully. … Continued
The New York State Bar Association, among several other bar associations throughout the United States, has been struggling to stay relevant among drastic alterations in the legal profession and society. Throughout the past several decades, the rates of voluntary bar association membership have declined, while the rates of drug and alcohol issues among lawyers and costs … Continued
Brooklyn Family Court Judge Jacqueline Deane and Oneida County Family Court Judge Paul Deep will receive the Howard A. Levine Award for Excellence in Juvenile Justice and Child Welfare. Judge Jacqueline Deane As a trainer with the Legal Aid Society for Juvenile Rights and a professor at NYU Law Clinics, Judge Deane has dedicated her … Continued
New York State Bar Association President Kathleen Sweet has been named Best Lawyers’ Lawyer of the Year in professional and medical malpractice defense law for the Buffalo region. The Best Lawyers award is highly selective, with only 5% of U.S. lawyers and 3% globally receiving the honor. The designation is the result of thousands of … Continued
The New York State Bar Association is bringing together leaders from education, the law, the judiciary, politics, and the media to explore the critical role of media literacy in protecting democratic values. “Misinformation and digital manipulation can shape public opinion,” said Kathleen Sweet, president of the New York State Bar Association. “The convocation will highlight … Continued
“In terrorem” is a Latin phrase meaning “in order to frighten.”[1] When a last will and testament and/or a trust (revocable or irrevocable) agreement contains an in terrorem clause it means, in simple terms, that if a beneficiary challenges the validity of a will or trust agreement and that challenger loses the will or trust … Continued
The New York State Department of Environmental Conservation has issued a series of regulations – both proposed and final – to implement the 2019 New York Climate Leadership and Community Protection Act, which sets ambitious goals to work towards economy-wide carbon neutrality for New York. This article examines two such regulations: revisions to the existing … Continued