Practice Area: Family Law

The ‘One Family, One Judge’ Court Model: Instituting Integrated Domestic Violence Courts in the United States

For decades, New York courts have led innovation in the way domestic violence cases­ are addressed in the United States legal system.[1] Specifically, New York has been at the forefront of instituting specialized courts to handle domestic violence cases, giving courts one focus in handling the endemic of domestic violence.[2] In 1996, the first felony … Continued

NYSBA President Says the Right to Counsel in New York Must Be More Than an Empty Promise

Sherry Levin Wallach, president of the New York State Bar Association, issued the following statement regarding NYSBA’s filings seeking to have the court issue a preliminary injunction raising compensation for Attorneys for the Children and 18-B lawyers: “The state has disregarded the need to provide more funding for the representation of children and indigent adults … Continued

Remote Notarization: What Lawyers and Notaries Need to Know

The New York State Bar Association has formed a task force to study the state’s new rules on notarization, which are having a significant impact on lawyers handling real estate transactions, wills and trusts and all other legal matters that require signing documents. While the task force members deliberate, the association is doing everything it … Continued

NYSBA Calls for Statewide Equity for the Increase in State-Funded Compensation for Assigned Counsel

Sherry Levin Wallach, president of the New York State Bar Association, issued the following statement today following the release of Gov. Kathy Hochul’s 2023-24 executive budget proposal: “Gov. Kathy Hochul recognized the need for increased pay for assigned counsel in New York State. But her proposal calling for lower rates upstate relative to downstate is … Continued

Law on Electronic Notary Services Goes Into Effect Feb. 1

A new law, NY Executive Law Section 135-c, authorizes notaries to perform electronic notarial acts by registering with the Department of State and complying with new rules. Notaries wishing to provide electronic notary services will be able to register with the Department of State starting on Feb. 1. After Jan. 31, New York State will no … Continued

New York State Bar Association Champions Historic Right to Marry Law

Sherry Levin Wallach, president of the New York State Bar Association, issued the following statement today about President Biden signing the Respect for Marriage Act into law: “With President Biden signing the Respect for Marriage Act today, the right to marry has now been enshrined into federal law. While same-sex couples rejoiced when the U.S. … Continued

President Biden Signs Historic Right To Marry Bill

President Biden signed a historic bill enshrining the right to marry into law today.  All states will be required to recognize same-sex marriages performed in other states, and same-sex marriage will be recognized at the federal level. “With President Biden signing the Respect for Marriage Act today, the right to marry has now been enshrined … Continued

It’s Time To Take ‘Hygiene’ out of the Mental Hygiene Law

“I’m clean. I’m not supposed to be here. I’m clean.” Derek pleaded with me in the doorway of his room on the locked inpatient psychiatric unit at St. Francis Hospital in Poughkeepsie. He pressed on: “I did my laundry this morning. I brushed my teeth. These other people stink. I take care of myself.” I … Continued

New York State Bar Association Commences Lawsuit To Raise 18-B Rates

Children and indigent adults are being deprived of their constitutional rights to meaningful and effective representation in the criminal and family courts because pay for assigned counsel in the state has not been increased in 18 years, the New York State Bar Association contended in a lawsuit filed today. The sole exception is New York … Continued