Although the year is winding down, the Criminal Justice Section is revving up. Our committees have been active in addressing legislation, new committees have formed, and the fall CLE was successful despite the obstacles that stood in its way (more about that from the vice chair, David Cohn!). Here is an update on some things … Continued
Introduction The NYSBA Committee on Professional Ethics recently responded to an inquiry about what conflicts may arise if the county’s public defender’s office hires the county’s former district attorney (DA).1 Subject to the restrictions imposed by Rule of Professional Conduct (RPC) 1.11, the Committee did not perceive a barrier to the former DA’s employment in the … Continued
This article contains the annual review of new legislation amending the Penal Law (PL), Criminal Procedure Law (CPL) and related statutes. The discussion that follows will highlight key provisions of the new laws and, as such, the reader should review the legislation for specific details. In some instances, where indicated, legislation enacted by both houses … Continued
Professional Judgment for Lawyers by Randall Kiser Book Review by Laura A. Kaster For over fifteen years, Randall Kiser has been challenging lawyer decision-making and risk assessment. His seminal work studying settlement rejections demonstrated an unexpectedly high rate of “decision error” which resulted far too often in either plaintiffs’ recoveries at trial lower than the settlement … Continued
Technology, the pandemic, and shifting social norms have transformed the business world. Studies indicate that even years after the pandemic shutdowns, as many as one in five workers is working either hybrid or fully remote.1 The practice of law is no exception to this trend. New York law and policymakers have supported initiatives to align … Continued
(http://ww2.nycourts.gov/rules/comments/index.shtml) Note: The comment periods for the following proposed rules have expired, except as noted. Comments must be submitted to rulecomments@nycourts.gov. April 17, 2024: Request for Public Comment on a proposal to add a preamble before Commercial Division Rules 25-33 request-for-public-comment-commercial-division-preamble-041724.pdf (nycourts.gov) April 12, 2024: Request for Public Comment on proposed amendments to Section 202.67 … Continued
Demonstrating value to prospective clients is vital to a business lawyer’s success. Your ability to articulate your skills and efficiency will help you convert not only prospects into clients, but also one-time clients to regular clients. You can accomplish this by effectively pitching the benefits of serving as Outside General Counsel (OGC): higher quality of … Continued
The legal profession has long relied on traditional, in-person notarization. In 2023, New York Executive Law 135-c was signed into law,1 providing a legal framework for remote online notarization (RON) in New York. New York’s codification of RON was a much-needed measure to reflect the reality of modern society, though it did introduce a more complex … Continued
As summer has come into full swing, we reflected on what summer means for the practice of our valued General Practice Section members. For some, it means vacation or a decreased caseload. Even for the ever-busy practitioner, the sunshine can be a reminder to take a walk outside for a mental refresh. With this in … Continued
“A jack of all trades is a master of none, but oftentimes better than a master of one.” William Shakespeare should have been a member of NYSBA’s General Practice Section. A general practice lawyer, often referred to as a “generalist,” offers legal services across a wide range of areas rather than specializing in one particular … Continued