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Original CLE Date: February 1, 2011
Credits: 2 Professional Practice Credit

Presentation by:
Professor Robert Boland, Esq. – New York University, Sports Law Expert and Sports Agent

Topics will include: why all major sports are experiencing major collective bargaining and labor law crises; why each may endure a work stoppage during the coming 12 months; how this week’s game could be the last Super Bowl for some time. It will also explore why even the most elemental business activities of any sports team must have some form of antitrust immunity and why the contracts which hold together long business relationships in sport are increasingly made to be broken. Finally, the presentation will give everyone who attends a relevant takeaway from sports law that they can successfully adapt to their own practice.

For more information contact:
E-mail:
lfeldman@brooklynbar.org
Phone: 718-624-0675 ext. 209

Purchase Here:

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Whats’ Inside:
 
  • Volunteer Lawyers Project Receives Award at Kick-Off event
  • Discoverability of a Personal Injury Plaintiffs Facebook and Myspace
  • Legal Briefs
  • New Members
  • Respectfully Submitted
  • Roll Call
  • Insurance Resources in the Brooklyn Supreme Court Library
  • The State of Estates
  • Fifth Annual Liz Padilla Race
  • The Docket

Знакомства
 Download the November 2010 Brooklyn Barrister

 

There is no charge for this event.

The Brooklyn Bar Association’s

Mentoring Program Presents:

Nuts and Bolts of Retainer Agreements

January 5, 2011 – 6:00-8:00pm

123 Remsen Street, Brooklyn

Program – 6:00-7:30pm

Networking Reception – 7:30-8:00pm

The program will cover typical clauses of retainer agreements between attorneys and their clients including:

necessary clauses, breakdown of anticipated legal fees and expenses, right to fee arbitration, and other recommended clauses.

Moderator:

Richard A. Klass – Chair of Mentoring Committee

Speakers:

Richard A. Klass – general retainer agreement clauses

Andrea E. Bonina – personal injury & medical malpractice clauses

Lara J. Genovesi – matrimonial & family law clauses

Arthur L. Aidala – criminal law clauses

Lawrence F. DiGiovanna – real estate transactional clause

Co-Sponsored By:

The BBA’s Young Lawyers Section Jimmy Lathrop, Chair

To register for this program please call 718-624-0675 ext. 211 or e-mail lfeldman@brooklynbar.org.
A Comprehensive Update On NY Bankruptcy Law

Part III –Advanced Bankruptcy

Originally Recorded on: Tuesday, September 28, 2010
Credits: 2.5 Credits (Professional Practice)

Covers Advanced Topics.

Topics will include: Proposed changes to the exemptions; Exemption Planning; Dischargeability of taxes; Chapter 13 and lien stripping.

Presentations by:
David J. Doyaga, Esq., Doyaga & Schaefer, and Gregory Messer, Esq., Law Offices of Gregory Messer, PLLC
Contact Info : 718-624-0675 ext. 211 Email : lfeldman@brooklynbar.org

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What’s Inside:

  • Profile of Hon. Donald Scott Kurtz
  • New Members
  • Legal Briefs
  • Respectfully Submitted
  • Roll Call
  • Law Library: Stages of a Civil Lawsuit
  • The State of the Estates

Download the October 2010 issue [PDF]

Credits: 2 MCLE Credits (Professional Practice)
Speakers: David J. Doyaga, Esq., Doyaga & Schaefer
Gregory Messer, Esq., Law Offices of Gregory Messer, PLLC

Part II – Beyond the Basics of Chapter 7 and Chapter 13 Topics include: How the 2005 Changes Affect Everyday Practice; Trends in the Law; 707(b) Challenges; A Close Review of the Means Test and Review of Cases Concerning Appropriate CMI Deductions; Determining Proper Budgets in Chapter 13
Presented 9/24/09

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Credits: 2 MCLE Credits (2 Professional Practice)
Sponsors: The BBA Civil Court Committee, Hon. Alice Fisher Rubin, Chair
Kings County Housing Court Bar Association, Michael C. Rosenthal, President
The Volunteer Lawyers Project, Jeannie Costello, Esq., Executive Director
Speakers: Michael Rosenthal, Esq. – Rappaport, Hertz, Cherson & Rosenthal
Hon. John Lansden, Supervising Judge Kings County Housing Court
Harriet Thompson, Esq. – Harriet Thompson & Associates, LLP
Gale Joyce, Esq. – Wenig Saltiel, LLP
Anette Bonelli, Esq. – DC 37 Municipal Employees Legal Services Fund
Hon. Alice Fisher Rubin – Judge, New York City Civil Court

This course will cover: Application of Rent to Arrears, Bankruptcy, Collier Conditions, Discovery, Evidence, Final Judgments, Guardians (Ad Litem/Art81), Holdovers, Inquests, Jurisdiction (Personal/Subject Matter), Keys and Surrender of Possession, Local Law 7, Military Investigations, Non-Payments, Overcharges, Pro-Se Litigants, Quiet Enjoyment, Roommates, Section 8, Traverse, U & O, Violations/HP Actions, Extra Time/Landaverde, Yellowstone, Zipcodes

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The Following Attorneys Were Disbarred By Order Of The Appellate Division, Second Judicial Department:

Christopher Carnesi (June 23, 2009)
On May 4, 2007, the respondent pleaded guilty in the United States District Court for the Eastern District of New York to conspiracy to commit money laundering, a federal class C felony. On February 8, 2008, he was sentenced to a six-month term of imprisonment, with credit for time already served; a special assessment of $100; and two-years of supervised release. In finding that the federal felony of conspiracy to commit money laundering is “essentially similar” to the New York class E felony of conspiracy to commit money laundering in the second degree, the Appellate Division held that the respondent was automatically disbarred as a result of his conviction pursuant to Judiciary Law § 90(4)(a).

Marise Robergeau, a suspended attorney (June 23, 2009)
The respondent was found guilty, on default, of failing to cooperate with the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts.

Michael T. Savelli (June 23, 2009)
On August 27, 2008, the respondent pleaded guilty in Supreme Court, Nassau County (Calabrese, J.) to one count of attempted disseminating indecent materials to minors in the first degree, a class E felony. Pursuant to § 90(4)(a) of the Judiciary Law, the respondent was automatically disbarred as a result of his New York felony conviction.

Pericles Tsapongas (June 23, 2009)
The respondent tendered a resignation wherein he acknowledged that he could not successfully defend himself on the merits against allegations of grossly overcharging clients for legal services performed in relation to the reduction of tax assessments on properties owned by the clients. Prior to his resignation, the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts was investigating 60 complaints of professional misconduct against the respondent.

John P. Oliver, admitted as John Patrick Oliver, a suspended attorney (June 30, 2009)
On May 1, 2008, the respondent entered a plea of guilty in the County Court, Suffolk County (Hinrichs, J.) to one count of grand larceny in the second degree and one count of scheme to defraud in the first degree. Pursuant to § 90(4)(a) of the Judiciary Law, the respondent was automatically disbarred as a result of his New York felony conviction(s).

Alan Schuchman (June 30, 2009)
By order filed March 6, 2007, the Supreme Court of the State of California accepted the respondent’s resignation. Upon a motion for reciprocal discipline pursuant to 22 NYCRR § 691.3, the respondent was disbarred in New York.

Robert L. Shepherd (July 21, 2009)
On September 18, 2008, the respondent pleaded guilty in the United States District Court for the Southern District of Florida to conspiracy to commit an offense against the United States and making materially false statements in a matter within the jurisdiction of the judicial branch of the government, both of which are federal felonies. On December 1, 2008, the respondent was sentenced to 18-months probation; a fine in the sum of $3,000; and an assessment of $100, along with certain enumerated “special conditions.” In finding that the respondent’s admitted conduct was “essentially similar” to the New York class E felony of offering a false instrument for filing in the first degree, the Appellate Division held that the respondent was automatically disbarred as a result of his conviction pursuant to Judiciary Law § 90(4)(a).

Daniel F. Blizard (July 28, 2009)
The respondent tendered a resignation wherein he acknowledged that he could not successfully defend himself on the merits against allegations that he neglected a legal matter entrusted to him; handled legal matters without adequate preparation; and failed to timely communicate with his clients and/or respond to their inquiries regarding the status of matters entrusted to him. In addition, the respondent failed to cooperate with the Grievance Committee’s investigation by failing to timely respond to multiple lawful demands for answers to complaints and/or additional information.

Robert Tavon, a suspended attorney (August 4, 2009)
Following a disciplinary hearing, the respondent was found guilty of engaging in conduct prejudicial to the administration of justice by failing to promptly comply with the lawful demands of the Grievance Committee during its investigation of four complaints of professional misconduct; failing to act competently by engaging in inadequate preparation for and/or neglecting legal matters entrusted to him; permitting someone other that his client to improperly influence his independent professional judgment on behalf of the client; engaging in conduct prejudicial to the administration of justice and/or reflecting adversely on his fitness as a lawyer by failing to timely appear at scheduled appearances on one or more occasions in connection with client matters; engaging in conduct reflecting adversely on his fitness as a lawyer by failing to comply with the requirements of 22 NYCRR § 1400 et seq in connection with a custody and visitation matter; engaging in conduct prejudicial to the administration of justice by failing to pay a money judgment entered against him; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation and/or conduct prejudicial to the administration of justice by submitting misleading documents to a court; engaging in conduct adversely reflecting on his fitness as a lawyer by failing to file a Retainer and/or Closing Statement with the Office of Court Administration (OCA) as required by 22 NYCRR § 691.20; engaging in conduct prejudicial to the administration of justice by failing to timely re-register as an attorney with OCA as required by Judiciary Law § 468-a; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation by making false and misleading statements on a background questionnaire submitted to the Grievance Committee; engaging in the unauthorized practice of law by initiating a legal action at a time when he knew or should have known that his license to practice law had been suspended; engaging in dishonesty, fraud, deceit and misrepresentation by holding himself out as a licensed attorney to a bank official in order to open a bank account, at a time when he knew or should have known that his license to practice law had been suspended; and engaging in conduct reflecting adversely on his fitness as a lawyer based upon his conviction in the village of Bronxville, New York, on or about August 27, 2007, for the crime of aggravated unlicensed operation of a motor vehicle.

The Following Attorneys Were Suspended From The Practice Of Law By Order Of The Appellate Division, Second Judicial Department:

Charles J. Diven, admitted as Charles James Diven (June 23, 2009)
Following a disciplinary hearing, the respondent was found guilty of engaging in conduct adversely reflecting on his fitness to practice law by failing to properly identify his attorney escrow account, failing to safeguard funds entrusted to him in breach of his fiduciary duty, simultaneously representing parties with differing interests, representing a party against a former client in a substantially related matter, and neglecting legal matters entrusted to him; and engaging in conduct involving dishonesty, fraud, deceit or misrepresentation by furnishing a fabricated document to the Grievance Committee. He was suspended from the practice of law for a period of five years, commencing July 24, 2009 and continuing until the further order of the Court.

Sheldon M. Krupnick, admitted as Sheldon Martin Krupnick (June 30, 2009)
Following a disciplinary hearing, the respondent was found guilty of engaging in conduct that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; engaging in conduct prejudicial to the administration of justice; and engaging in conduct that adversely reflects on his fitness as a lawyer by completing a previously-signed blank deed and notarizing that deed approximately seven years after it had been signed, without the knowledge or consent of the party who signed the deed in blank, and by delivering the then-completed deed to a person the respondent knew was involved in a pending lawsuit regarding the subject matter of the deed. He was suspended from the practice of law for a period of five years, commencing July 30, 2009 and continuing until the further order of the Court.

Stanley E. Gelzinis (July 2, 2009)
The respondent was immediately suspended from the practice of law, pending further proceedings, upon a finding that he was guilty of professional misconduct immediately threatening the public interest based upon substantial admissions under oath and other uncontroverted evidence.

Daniel D. Tartaglia, admitted as Daniel David Tartaglia, a suspended attorney (July 14, 2009)
Following a disciplinary hearing, the respondent was found guilty of having been convicted of a serious crime, to wit, failing to file a New York State income tax return, which conduct reflects adversely on his honesty, trustworthiness or fitness as a lawyer and is prejudicial to the administration of justice. He was suspended from the practice of law for a period of one year, commencing immediately, and continuing until the further order of the Court.

Mark C. Kaley, admitted as Mark Christopher Kaley (July 21, 2009)
Following a disciplinary hearing, the respondent was found guilty of neglecting a legal matter entrusted to him by failing to file and serve a motion for a default judgment in an action in Supreme Court, Queens County and engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, which reflects adversely on his fitness as a lawyer, by creating fictitious court documents and providing them to a client for the purpose of misleading the client about the status and progress of their lawsuit. He was suspended from the practice of law for a period of three years.

Alexander M. Kaplan, admitted as Alexander Michael Kaplan (July 21, 2009)
On February 6, 2009, the respondent was found guilty in the United States District Court for the Southern District of New York, after a jury trial, of conspiracy to commit bank fraud, wire fraud and mail fraud (count one); bank fraud (counts two, three, four, seven, eight and nine); wire fraud (counts five, six and ten through fifteen); and mail fraud (counts sixteen through eighteen), for a total of 18 federal felony counts. He has not yet been sentenced. The respondent was immediately suspended from the practice of law, pending further proceedings, based upon his having been found guilty of serious crime pursuant to Judiciary Law § 90(4)(f).

Barry R. Feerst, admitted as Barry Roy Feerst (July 22, 2009)
On November 2, 2008, the respondent was sentenced in the United States District Court for the Eastern District of New York to a non-jail sentence for a violation of 18 USC § 371. He was immediately suspended from the practice of law, pending further proceedings, based upon his having been found guilty of serious crime pursuant to Judiciary Law § 90(4)(f).

Jay M. Lipis, admitted as Jay Merrill Lipis (August 4, 2009)
By order of the Supreme Judicial Court for Suffolk County in the Commonwealth of Massachusetts entered October 10, 2008, and effective 30 days later, the respondent was suspended from the practice of law in Massachusetts for a period of two years. Upon a motion for reciprocal discipline pursuant to 22 NYCRR § 691.3, he was suspended from the practice of law in New for a period of two years, commencing September 4, 2009 and continuing until further order of the Court.

Robert I. Oziel, admitted as Robert Israel Oziel (August 4, 2009)
Following a disciplinary hearing, the respondent was found guilty of failing to preserve funds entrusted to him and converting those funds to uses other than those for which they were intended; engaging in conduct that reflects adversely on his fitness as a lawyer by reason of the foregoing; failing to promptly deliver to clients, at their request, funds in his possession that the clients were entitled to receive; engaging in conduct that reflects adversely on his fitness as a lawyer by reason of the foregoing; engaging in conduct involving dishonesty, fraud and deceit by providing a client with false and misleading information as to the status of her legal matter; and engaging in conduct that reflects adversely on his fitness as a lawyers by reason of the foregoing. He was suspended from the practice of law for a period of five years, commencing September 4, 2009, and continuing until the further order of the Court.

William R. Kelly (August 5, 2009)
The respondent was immediately suspended from the practice of law, pending further proceedings, upon a finding that he was guilty of professional misconduct immediately threatening the public interest based upon substantial admissions under oath and other uncontroverted evidence.

Stafford Henderson Byers (August 11, 2009)
Following a disciplinary hearing, the respondent was found guilty of violating his fiduciary obligations by failing to maintain and preserve funds belonging to another person that were entrusted to him; misappropriating funds belonging to another person that were entrusted to him, by withdrawing funds from his attorney trust account for his personal use; commingling personal funds with funds belonging to another person, by depositing personal funds into his attorney trust account; failing to make accurate entries of all financial transactions connected to his attorney trust account in a ledger or similar record at or near the time of the transactions; and engaging in conduct that reflects adversely on his fitness as a lawyer by reason of the foregoing. In consideration of substantial mitigating factors, the respondent was suspended from the practice of law for a period of one year, commencing September 11, 2009, and continuing until the further order of the Court.

The Following Suspended Attorney Was Reinstated As An Attorney And Counselor-At-Law By Order Of The Appellate Division, Second Judicial Department:

Vincent F. Siccardi (July 21, 2009)

This edition of ROLL CALL has been compiled by Diana J. Szochet, Assistant Counsel to the State of New York Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts, and Immediate Past President of the Brooklyn Bar Association.

The 2010 Bankruptcy CLE Series: comprehensive update on Bankruptcy Law

Part I – September 14th – 6:00-8:30pm – 2.5 CLE Credits (Prof. Practice)

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Part II – September 21st – 6:00-8:30pm – 2.5 CLE Credits (Prof. Practice)

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Part III – September 28th – 6:00-8:30pm – 2.5 CLE Credits (Prof. Practice)

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(Attendance at all three sessions is not required, attendees may choose to receive credit for one, two or all three.)

For more information visit [BBAShop]

Health Law – Representing Patients & Doctors: What Every Lawyer Needs to Know But Was Afraid to Ask

September 20, 2010 – 6:00-8:00pm 2 CLE Credits (Prof. Practice)

For more information visit [BBAShop]

2010 Evidence Update

October 4, 2010 – 6:00-8:00pm
2 MCLE Credits (Prof. Practice)
For more information visit [BBAShop]

Bankruptcy Basics: A Primer for the Public

October 19, 2010 ‐ 6pm to 8pm
This program does NOT provide CLE credit.
For more information click here.

Planning for our new mentor program is underway. Applications for Mentees are available here, and the Mentor/Mentee agreement is available here. For more information on this program and events sponsored by this program contact the Brooklyn Bar Association at (718) 624-0675.

Judicial Recognition

Congratulations to Brooklyn Bar Association Past President Hon. Jeffrey Sunshine who was honored by the New York Chapter of the American Academy of Matrimonial Lawyers at their Annual Dinner Dance on May 1, 2010 at the Museum of Modern Art.

Congratulations to Brooklyn Bar Association member Hon. Ellen Spodek who was inducted at the President of JALBCA (Judges and Lawyers Breast Cancer Alert) on May 10, 2010 at Water’s Edge in Long Island City.

Hon. Sylvia O. Hinds-Radix, Administrative Judge for Civil Matters, Second Judicial District, was the recipient of the Distinguished Judiciary Award presented by the Catholic Lawyers Guild at the Annual Awards Dinner held on May 20, 2010 at Gargiulo’s Restaurant. Brooklyn Bar members Hon. Donald Scott Kurtz received the Ecumenical Award and Hon. Peter Sweeney, Supervising Judge of Civil Court, was the recipient of the Hon. William T. Bellard Award.

Also recognized at the Catholic Lawyers Guild Dinner was former Trustee John J. Meglio who received that organization’s highest honor, the St. Thomas More Award. Brooklyn Bar Association Past President Gregory T. Cerchione, Association Second Vice President Domenick Napoletano and members Gregory M. LaSpina and Frank A. Composto were the 2010 recipients of the President’s Award.

Kudos and Professional Recognition

Congratulations to Brooklyn Bar Association President Andrea E. Bonina who will be honored in the “Salute to Elected Officials and Community Stars”, hosted by the Seneca Club of Kings County at their 111th Anniversary Dinner Dance on June 10, 2010.

Brooklyn Bar Association Trustee David Schwartz will be honored as a Man of the Year by the Seneca Club of Kings County on June 10, 2010.

Brooklyn Bar Association member Joanne D. Quinones received the Diversity Leadership Award from the Latin American Law Students Association (LALSA) of Brooklyn Law School at their Alumni Dinner held on April 16, 2010 at the BLS Forchelli Center.

Brooklyn Bar Association member Antonio Seda was the first recipient of the Antonio Seda Excellence in Mentoring Award sponsored by the Latin American Law Students Association of Brooklyn Law School on April 16, 2010.

Congratulations to Brooklyn Bar Association member Robert Santoriella, who under the pen name Robert Santoro, is the author of “Wrath”, the first volume in the deadly sins series, was interviewed on April 2, 2010 at 7:10 am on FM 102.7.

Congratulations to Jessica Spiegel the Brooklyn Bar Association Volunteer Lawyers Project Coordinator who was featured in the Daily Bulletin profile on Thursday, April 8, 2010. Particularly highlighted in the article was the work that Jessica coordinated for the legal assistance to the victims of the earthquake in Haiti.

Professional Announcements

Brooklyn Bar Association member Adam Braverman announced last month the opening of his new office located at 1375 Broadway 3rd Floor, New York 10018. Telephone number 212-206-8166. Email: abraverman@lawofficeab.com

Legal Briefs is completed and written by Avery Eli Okin, Esq., CAE, the Executive Director of the Brooklyn Bar Association and its foundation. Items for inclusion in “Legal Briefs” should be sent to aokin@brooklynbar.org, faxed to 718-797-1713 or mailed to 123 Remsen Street, Brooklyn, NY 11201-4212.