May 2013 New York County Lawyer

By Elizabeth Cronise McLaughlin

Stress is at an all-time high in the legalprofession. Pressures arising from thestate of the economy, client retention, andthe pressures of the billable hour taketheir toll daily. It goes without saying thatthe effects of stress on the mind and bodyare serious and substantial, and the inabil-ity to manage job-related stress also fre-quently migrates to other areas of life,including relationships and physicalhealth.

The good news is that you don’t have tobe a victim. I coach lawyers and otherhigh-performing executives to adopt stressand life management techniques that sig-

nificantly reduce the impact of stress on adaily basis. By applying these tried andtrue strategies, you too can protect yourhealth and well-being from its effects.

To effectively manage stress, you need totake control of four specific areas of yourlife. First, you must be able to manageyour time. Second, you must be able tobalance your work and home life. Third,you must have good boundaries at work.Fourth, you must have daily and weeklypractices to offset the effects of stress. I’lladdress each of these in turn.

Time ManagementI teach attorneys and executives timemanagement strategies routinely, and I’m

always amazed by how many of myclients think they know where they spendtheir time, but don’t. Without question,ifyou don’t know where your time goes,you can’t effectively manage it.

In order to get my clients on a tracktoward managing their time, I ask myclients to track what they do everyminute of every day for a week. Thisdoesn’t mean that they spend every sec-ond writing down what they do, but itdoes mean that they track their dailyactivities for a week in blocks, includingsleep, work time, relaxation time, andtime spent online and on any other dailyactivities in which they engage. When

Stressed? Exhausted? Here’s How to Handle It.

(See Stressed? on page 14)

N E W Y O R K

COUNTY LAWYERI N S I D E

Going Solo ......................2

5 Trends to Watch in2013 .................................2

Persuasive Speaking .....7

State of the SDNY ........13

5 Trends to Watch in 2013 ............2

Book Review.................................6

Budget Cuts.................................13

CLE Institute.................................4

Communicating with Clients...Cover

Electronic Research Center CLEs...8

Ethics Hotline................................9

Going Solo ....................................2

Library Notes ................................8

Message from Barbara Moses,

NYCLA Foundation President......6

Message from Stewart D. Aaron,

NYCLA President .........................3

NYCLA in the News.....................9

Persuasive Speaking......................7

Proxy and Summary of Proposed

By-Laws Changes .......................16

Recent Event Photos ...................10

State of the SDNY ......................13

Stressed?................................Cover

Upcoming Events........................11

What’s Tweeting ...........................9

T A B L E O FC O N T E N T S

May 2013 Visit us at www.nycla.org Volume 7 / Number 22

Communicating withLay Clients

By Justine Borer, Esq.

It is axiomatic that a chief goal of com-munications with clients is managingexpectations. To that end, I make the fol-lowing recommendation: communicatewith lay clients as you would with a jeal-ous ex-spouse.

I’m biased. I’m a matrimonial lawyer.But the wisdom I’ve gleaned in mypractice about client communicationscan be applied to interactions with layclients in all practice areas.What do Imean by treating clients like jealous ex-spouses?

Return client phone calls and e-mailspromptlyTimely communication is the key to

(See Lay Clients on page 19)

By Robert A. Irwin, Esq.

An attorney’s job is to provide accurateadvice to his client in a quick and timelymanner. When you are in-house, yourclient is everyone in the organizationfrom the Board of Directors to the SalesAgent requesting an alteration to yourstandard form of contract. Whether youare the General Counsel of multinationalcorporation or the junior lawyer in a cor-porate legal department, clear communi-cation is essential to doing your job.

Effective internal communication for an in-house attorney comes down to priorities,trust and results. You handle such a volumeof matters that prioritizing which ones towork on first is vital to doing your job. Ifyou are the General Counsel, you likely

(See Internal Clients on page 15)

By Anshu S. K. Pasricha

In my experience, clients assume thatyour firm, and the lawyers from your firmthat are representing the client, have, col-lectively, the technical knowledge toadvise them effectively vis-à-vis theissues faced by them in any given trans-action. However, by communicatingeffectively, associates can continue toreinforce the message that not only youand your firm have the technical knowl-edge, but also that you and your firmview the client’s interests as paramount.By conveying the right amount of con-cern and appropriate attentiveness, notonly do associates help their firm inincreasing client satisfaction, but associ-ates can also build long-term successfulprofessional relationships with client

(See Corporate Clients on page 15)

Communicating WithInternal Clients:

An In-House Perspective

Communicating withCorporate Clients

Communicating with Clients

How you communicate with apotential or existing client canimpact the outcome of your case,your future business with thatclient and other clients, and yourreputation as a whole. We tappedthree lawyers facing very differentgroups of clients to provide tips onhow to best communicate with

clients today — a lawyer facinglay clients, a lawyer facing corpo-rate clients, and a lawyer facinginternal clients.

Read on to learn how you can bestcommunicate with a client, whetheryou work with lay, corporate, orin-house clients.

May 2013 / The New York County Lawyer2

By Virginia Alvarez, Esq.

If you had asked me 20 years ago if Isaw myself owning my own law practicein the future, I would have likely thoughtyou were slightly crazy. Yes, I alwayswanted to be an attorney. However, Itook the long road to finding my passion.Law was not my first profession. I startedout years ago thinking I would be asports psychologist. I tried my hand at itand in the education field until I realizedthat law was the correct profession forme. I went through law school with thedream of becoming a corporate attorneyat one of the big firms in the city but thatsoon changed. I worked at a few smallfirms and even a larger one. I was a vic-tim of the economy and soon foundmyself hitting the pavement in competi-tion with new graduates.

Frustrated, I sat down with a friend whois now a Judge and listened as he encour-aged me to strike out on my own. He toldme it was now or never, that I had theability to do so and I just needed to takethe chance. It was something he had doneafter leaving the District Attorney’s officeand it was a decision he did not regret.He did not mince words when stating thatit would not be easy but he expressedthat the rewards would be great if I wasbrave enough to take the chance. So Idid.

When starting to look into opening myown practice I realized that there werecertain things I would need. Some wouldbe tangible, while others intangible. I amhoping that my experience and the les-sons I have learned will help any of youconsidering the jump as well.

Strong Support SystemIf you decide to go the solo route, makesure you are not alone. I know that seemscontradictory but it truly isn’t. It isimperative that you surround yourself byfamily and/or friends who will be willingto be your personal cheering section. Yet,at the same time you must be open totheir criticism and feedback.This will bea stressful time and your companion andfamily will definitely be affected by it.Mine luckily understands the ups anddowns and has the patience to deal withthese hills and troughs and without it I’mnot sure I could continue to do this.

I drew much of my strength, not onlyfrom my family and friends, but evenmore so from my colleagues who havebeen in the profession much longer. I wasnot afraid to ask questions and listened totheir answers and suggestions. They are avital resource. They have been where youare and they know what it is like. You canlearn from their success, but even moreso, from their mistakes and/or failures.

AdvertisingHow you will get your name out there issomething you should consider right atthe outset. I am pretty lucky that whenyou Google my name, I am the onlyVirginia Alvarez admitted to practice inNew York. That being said, your nameand your reputation are your biggestcommodity. My years in practice haveallowed me to develop a rapport withattorneys and generate what I hope is apositive reputation with my clientele.Therefore when those people have latermatters they are able to look for me…andwhen they do, they could find me. I

decided to invest in a website, andthrough it, I have generated a solid clientbase. Every day, we all surf the web, soinvesting in this is essential. It can beanywhere from a simple one page siteyou create yourself to something moresubstantial. One thing is sure: you needa presence. I also found that servicessuch as Avvo or Yodle have been helpfulin getting hits and client inquiries.

MembershipsJoining the bar associations and keepingup your memberships active is especiallyimportant when starting your new prac-tice. They can be a source of manyresources—they may be able to get you alow rate on your malpractice insurance orCLE, or could be a source of clientssince many of the bar associations haveclient referral services. It will also be asource of networking and meeting otherattorneys who may provide you withreferrals or client leads.

BudgetYour law practice can be expensive but, ifyou plan ahead, you can make it work.You need to make a list of your essentialsand shop around for prices. Prioritize anddetermine what is essential and what isdiscretionary. In my opinion at least onehalf a year of operating expenses isessential to alleviate some of the stressyou will have when you get started. Ayear’s worth is ideal. Realistically,chances are you will be operating at aloss your first year therefore anythingyou can do to make this less taxing men-tally will allow you to maintain yourfocus on generating business.

Open Mind, Motivation, OrganizationAs a solo practitioner it is up to you towear all the hats in the office. You will bethe attorney, paralegal, the office manager,

etc. You need to be motivated and haveambition because the income you gener-ate will be impacted by the effort youexert. Things need to get done and youare the person who will need to do them.If you don’t do them they won’t get doneand the fault will lie with you. This couldmean something that may be fixable likeforgetting to pay a bill or something evenmore detrimental like blowing a deadline.Either way there can be a cost, either alate fee or one even graver such as a mal-practice claim. Therefore it is essentialthat you keep organized and motivated.Discouragement and disorganization willbe your worst enemy. For me Google cal-endar and the ability to sync on alldevices has been a saving grace. That isnot to say that mistakes don’t occur but itjust means that the ones that do are likelyable to be remedied.

Selecting Office SpaceWhere you set up shop is important how-ever it can be expensive. You may be ableto work out an arrangement where youexchange office space for some of yourtime. This is a good arrangement thathelped me when I started out. Sometimesyou are extremely lucky as I was andhave a mentor who just wants to see yousucceed and will provide you with spaceat no cost. Think about what skills orthings you may be able to offer until youare able to pay rent. For instance I ambilingual, so I could offer translationservices in exchange for space, or courtcoverage. Be open to meeting clients attheir homes or in public meeting areasuntil you find that office with a confer-ence room. It is all about making it workand doing it in a way that you can gener-ate business while minimizing your over-head at first. When you do find spaceconsider sharing with other counsel. Thisfor me has been the best decision I could

have ever made. It has allowed me togrow and also incorporate a strong sup-port system. I am surrounded by col-leagues who are a great resource to meand whom I consider friends and men-tors. Not only am I keeping my overheaddown but I am achieving my goalsthrough their encouragement.

The security of a steady paycheck fliesout the window the day you choose toventure out on your own. The stress ofbillable hours and a boss breathing downyour neck seem like a day at the spa incomparison to the insecurity that is beingresponsible for your own income.However, with this added stress anduncertainty comes a bigger reward. Theknowledge that you tried and you did it.You may never grow to be a white shoelaw firm but that may not be the goal youhave in mind. Perhaps the reward ofknowing that you could accomplish thisand that you were brave enough to try isthe goal you have set for yourself. Manypeople begin to work as a solo practition-er for a variety of reasons. It may bestraight out of law school when you feelextra brave and willing to try to make iton your own. It may be after you havegone the route of the District Attorney’soffice or Legal Aid. Quite often especial-ly in these tumultuous economic times itis as a result of frustration with the jobmarket and prospects are daunting andyou can’t find that perfect job or just apaycheck worth getting up in the morn-ing for. One thing that is for sure goingthe solo route is not for the faint of heart.

Virginia Alvarez, Esq., a NYCLA andFamily Court and Child Welfare and Soloand Small Firm Practice Committeemember, opened her solo practice in2011. She specializes in criminal defenseand family law.

Braving the Solo

By Paige Zandri, Esq.

Two years ago I left a dismal, yet securecareer in public accounting to start mysolo practice. I was two years out of lawschool and caught in what was still oneof the worst job markets in decades.Starting my own firm wasn’t even on my“career path radar” until I was faced withvery few options for a change, and theothers were less appealing than taking themost frightening leap of my life – goingsolo. It has been the greatest decision ofmy career, but not without its challengesalong the way.

My first challenge was that I had noidea where or how to start. If thereever was a fitting example of “if I cando it, so can you” it is yours truly. Ihad no law firm experience and zeroexperience operating my own busi-ness. My legal network was practicallynon-existent and I had almost no ideahow I was going to find clients. But, Idid have a law degree, for which I hadbasically mortgaged my life, and I wasdetermined to make a return on myinvestment. Going solo was my way.

I began researching contact informationfor other solos that fit certain criteriaand whom I thought would be a good

source for advice on how to get mypractice started. I was looking for attor-neys who graduated from my lawschool, practiced in the area in which Iwas interested and operated their ownsolo practices. I was able to connectwith one attorney who invited me forcoffee (and who is now my most val-ued mentor).

During our first meeting he told metwo things. First, he said “Don’t do it.”I chuckled a little bit, thinking he wasmaking a joke, but he wasn’t. He wastelling me not to pursue this path if Iwasn’t ready for some of the most chal-lenging obstacles of my life. I havenever been one to back down from agood challenge, so I leaned in and pre-pared myself for the second piece ofadvice. He then told me, “If you dothis, you will be hard-pressed to find amore rewarding and fulfilling careerpath.” He was right on both accounts.

There are obvious challenges thataccompany starting your own practice.First, finances. Going from a W-2employee to self-employment meansthat you cannot count on a check beinghanded to you on a weekly, bi-weekly,monthly, or any basis. If you haven’tlearned it yet, you will quickly learn

your value by going solo, and if youaren’t prepared to hustle, you may wantto reconsider keeping that steady pay-check. Moreover, obtaining financing(should you need it) is still difficult inthis economy. I know many attorneyswho started their solo firms using acredit card, and now face some reallysteep uphill battles in terms of remain-ing solvent. Staying financially afloatthe first two years can be the greatestobstacle.

The second, less obvious challenge, isfacing your fears. I am not speaking ofthe fear of not knowing the law. This issomething you can quickly overcome. Iam referring to the fear of accountability.When you go solo you have no one butyourself and your own judgment to fallback on. Of course, your mentors andeven other attorneys down the hall (ifyou are fortunate enough to find officespace you can afford in a law suite) arealmost always willing to give you theirtwo cents, but ultimately you are now incharge! For the first time, the buck stopswith you and your client’s well beingthat may be on the line. There are reallyno two ways of cutting it; this is a fright-ening reality when starting out (and I’mtold it doesn’t change).

The Beauty and Beast of Flying Solo

(See Braving the Solo on page 19)

May 2013 / The New York County Lawyer 3

Dear Readers:

One of the many reasons why membersjoin the New York County Lawyers’Association is to help them build andshape their careers. Once you have deter-mined where you ultimately would like toland, NYCLA can help you get there.What are your long-term career aspira-tions? Do you want to eventually becomea judge or perhaps work as in-house coun-sel? Do you want to become a prosecutoror criminal defense lawyer? Depending onyour personal career goals, there are manythings you’ll need to do along the way toready yourself for the position you desire.

Regardless of your career aspirations,NYCLA Committee or Section involve-ment is a great way to not only get theup close and personal view of life onthe street in your chosen practice area,it’s also a great way to get to know, andto become known by, leaders in yourfield. If you join the Federal CourtsCommittee, you’ll have a chance tomeet federal judges at monthlyCommittee meetings who can answerquestions about their own career paths.If you join the Criminal Justice Section,you can meet and work with variousmembers of the criminal bar. NYCLAhas nearly 60 Committees and Sections,and they are all open to any Memberwho wants to join and participate.

Once you uncover the “who’s who andwhat’s what” of your chosen career path,the next step is to identify and buildskills that will get you to the next levelin your career. We have tapped a host ofexperts to provide you with career advicein this issue of the New York CountyLawyer. We hope that you find their tipsvaluable and informative as you facenew situations and set out to betterapproach situations that you haveencountered before. In our cover story onstress management, Elizabeth CroniseMcLaughlin, Executive Consultant andCEO of ECM Executive Consulting, pro-vides stress-management tips forlawyers, advice she draws from her per-sonal experience—14 years she spent as

a lawyer in private practice before found-ing ECM. She worked both sides of theaisle as a trial lawyer and litigator,including with Stroock & Stroock &Lavan LLP, before going into consulting.

No matter what your ultimate careergoals may be, being an effective speakeris a critical skill for every attorney. MariaGuida of Successful Speaker, Inc. is anexpert who provides pointers on thistopic in her article on page 7. ABroadway actress, executive performancestrategist at Fortune 500 companies, andcorporate/television spokesperson, Guidahelps corporate executives enhance theircredibility and speak with poise, passion,and persuasive power.

As of the end of May, my term asPresident of NYCLA will come to aclose. And as such, this is my last letterto you as President of the Association.It’s been a privilege and honor to serveyou, and I thank you for your member-ship in NYCLA.

Stewart D. AaronPresidentNew York County Lawyers’Association

Stewart D. AaronPresident, New York County

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NEW YORK

COUNTY LAWYER

Stewart D. AaronPresident

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Ariella GreenbaumEditor

Senior Communications andSocial Media Manager

By Billie Watkins, Esq.

Many law firms are focused on pursuingnew revenue opportunities in 2013, cre-ating a demand for midlevel and seniorassociates with a portfolio of clients,while corporate legal departments areconcentrating on strategically handlingmore legal activities in-house.Meanwhile, technological advancementsare influencing the practice of law, themanagement of law firms and the rela-tionship between counsel and client.

New research from Robert Half Legalexplores how emerging technologieshave transformed virtually every aspectof the practice of law, from how lawoffices are physically organized to howservices are delivered and rates struc-tured. Law firms are now catching upwith corporate legal departments inresponding to these changes.

In today’s fast-paced business environ-ment, it’s important to remain currentwith developments that may affect yourcareer now and throughout 2013.Following are five trends to watch:

1. Professional Networking via SocialMedia. In a survey conducted by RobertHalf Legal, more than three-quarters (77percent) of lawyers said they were con-cerned about the legal implications ofemployees using social media for busi-ness communications within their com-panies. Nonetheless, legal professionals’and law firms’ use of social media fornetworking is on the rise and gainingwider acceptance. Sites such asLinkedIn, Facebook and Twitter have

proven to be powerful ways for lawfirms to market their services, communi-cate with clients and generate new busi-ness leads. Individual legal profession-als, meanwhile, use social media toexpand their networks, learn aboutcareer opportunities, and keep up withlegal news and industry trends.

The Law Office Goes Virtual. Not onlydo law firms have to embrace the emerg-ing technologies to remain competitive,but also in response to clients’ demandfor greater accessibility and ease of com-munication. Thanks to smartphones,tablet computers, wireless networks andcloud computing, the physical footprintof today’s law firm is shrinking, andsome offices are even going completelyvirtual. Many firms provide secure por-tals where their clients can upload andview legal documents or download legalforms and questionnaires. Solo practi-tioners can extend their geographic reachby using the Internet to serve clients inremote parts of states where they’relicensed.

New Tools for Case and KnowledgeManagement. New Software-as-a-Service(SaaS) tools and cloud-based applicationsspecifically designed for the legal field arequickly appearing. There’s been a sharpincrease in the number of case and clientmanagement applications available, atrend that will likely continue into theforeseeable future. Cloud-based tools givefirms the option of online document stor-age and calendaring, file search, timetracking and billing, workflow and docketmanagement, invoicing, as well as Skypeintegration and mobile access.

Tech-Savvy Job Candidates Sought.Technology has reshaped the criterialaw firms and legal departments usewhen hiring lawyers and other legal pro-fessionals. Particularly in practice areassuch as litigation, candidates with a highdegree of technological proficiency willhave strong prospects in a competitivejob market.

e-Discovery’s Rapid Growth. Nearlyone-third of law firms surveyed byRobert Half Legal for its e-discoverypractice said they plan to increasespending on discovery-related servicesin the next two years. As the amount ofstored electronic data grows exponen-tially, e-discovery remains both agrowth area and a challenge for lawfirms and their corporate clients. Asthis specialty continues to grow, therewill be high demand for legal profes-sionals who understand e-discoveryprocesses and document review tools,and can seamlessly contribute theirskills to a review team. Informationtechnology specialists have becomemore critical to law firms, and moreno-associate positions are being creat-ed, such as IT forensic analysts, e-dis-covery specialists and informationsecurity roles.

Billie Watkins, Esq., is the NortheastDistrict Director for Robert Half Legal.Robert Half Legal, a division of RobertHalf International, places highly skilledprofessionals, including attorneys, para-legals and legal support personnel, on aproject and full-time basis. Robert HalfLegal offers online job search services atwww.roberthalflegal.com

5 Trends to Watch in 2013


How to Handle and EmploymentDiscrimination Case Returns to theCLE Institute: Program Chair LouisPechman, Berke-Weiss & Pechman LLP,brings this ever popular two-evening pro-gram back to the CLE Institute on May 7and 14. A panel of experts will walk youthrough the important steps involved inbrining and defending an employmentdiscrimination case, including:• Overview of Agency Practice• Drafting Complaints and Answers• Discovery Tips from the Plaintiff’sPerspective• Discovery Tips from the Defendant’sPerspective• Mediation in EmploymentDiscrimination Cases• Pre-trial and Trial Strategy from thePlaintiff’s Perspective• Pre-trial and Trial Strategy from theDefendant’s Perspective

Practical Advice for Young Lawyers:Join NYCLA’s Young Lawyers’ Section onMay 21 for So YouWant to Go Solo orJoin a Small Firm: Ethical and OtherConsiderations Young Lawyers Need toKnow. In today’s economic climate, moreand more young attorneys are choosing toopen their own law practices, or jointogether with a few other attorneys to forma small law firm. While that decision maybe the right choice in terms of work-lifebalance, there are many practical consider-ations that must be considered, such as:• Attorneys’ fees escrow accounts andother banking issues• How to determine whether a potentialclient is the right one for you• How to organize your law office, dividethe work load, and supervise staff

• Ethical considerations of marketingyour firm, adhering to the attorneyadvertising rules and solicitation

Interested in a Program, But Can’tMake it to the Live Lecture?NYCLA’s CLE Institute has formed astrategic partnership with Lawline.com,a leading distributor of online content,to stream live webinars of many of ourlive programs. Be sure to check thenycla.org for a list of upcoming webi-nars, or visit the NYCLA branded on-demand and live webinar page athttp://nycla.furthered.com/cle/index.php

May and Early JunePrograms

The Role of Empathy in JudicialDecision MakingThursday, May 2, 2013; 6-9 p.m.3 NY Credits: 1 Ethics; 2 PP;Transitional and Non-transitional; 3 NJCredits: 1 Ethics; 2 General

How to Handle an EmploymentDiscrimination CaseConsecutive Tuesdays, May 7 & 14,2013; 6-9 p.m.6 NY Credits: 2 Ethics; 2 Skills; 2 PP;Transitional and Non-transitional; 3 NJCredits: 2 Ethics; 2 General

Bridge the Gap 2Fridays, May 10 and 17; 9 a.m.-5 p.m.16 NY Credit: 3 Ethics; 6 Skills; 7PP/LPM; Transitional and Non-Transitional; 16 NJ MCLE Credits: 3Ethics; 13 General

Fashion Law: The Opportunities andThreats of 3D PrintingThursday, May 16, 2013; 6:00 PM – 8:00PM2 MCLE Credits: Breakdown tbd

So You Want to Go Solo or Join aSmall Firm: Ethical and OtherConsiderations Young Lawyers Needto KnowTuesday, May 21, 2013; 6-8:30 p.m.2.5 NY Credits: 1 Ethics; 1.5 LawPractice Management; Transitional andNon-transitional; 2.5 NJ Credits: 1Ethics; 1 General

So You Want to Learn How to Do aReal Estate ClosingThursday, May 30, 2013; 6-9 p.m.3 NY Credits: 3 Skills; Transitional andNon-transitional; 3 NJ Credits: 3 General

How to Conduct Legal Research on theInternetThursday, May 30, 2013; 6-7 p.m.1 NY Credit: 1 Skills; Transactional andNon-transactional; 1 NJ Credit: 1General

Saving the Distressed Homeowner: AView From the Homeowner’s and theBank’s SideMonday, June 3, 2013; 6-9 p.m.3 NY Credits: 1 Ethics; 1 Skills; 1 PP;Transitional and Non-transitional; 3 NJCredits: 1 Ethics; 2 General

e-Discovery and Social MediaTuesday, June 4, 2013; 6-9 p.m.3 NY Credits: 1 Ethics;1 PP; 1 Skills;Transitional and Non-transitional; 3 NJCredits: 1 Ethics; 2 General

Understanding and Complying withthe Regulatory and Tax Implications ofthe Affordable Care ActWednesday, June 5, 2013; 7-8:30 p.m.1.5 NY Credits: 1 PP; .5 Skills;Transitional and Non-transitional; 1.5 NJCredits: 1.5 General

Everything You Need to Know AboutReverse Mortgages: What They Are;When and How to Get One; Pitfallsand AdvantagesMonday, June 10, 2013; 6-8 p.m.2 NY Credits: 1 PP; 1 Skills; Transitionaland Non-transitional; 2 NJ Credits: 2General

Advice From More Experts: MoreSuccessful Strategies for WinningCommercial Cases in New York StateCourtsTuesday, June 11, 2013; 9 a.m.-5 p.m.8 NY Credits: 1 Ethics; 4 Skills; 3PP/LPM; Transitional and Non-transi-tional; 8 NJ Credits: 1 Ethics; 7 General

Spring at the CLE Institute

All NYCLA’s CLE Institute courses nowavailable for New Jersey MCLE CreditNew York County Lawyers’Association’sCLE Institute is currently certified as anAccredited Provider of continuing legaleducation in the State New Jersey.

Please note that Tuition Assistance is avail-able for qualified attorneys for live programsoffered by the CLE Institute. Check our web-site at www.nycla.org for more informationand how to apply for Tuition Assistance. Checkour website for course details, faculty, com-plete program descriptions and pricing.Be sure to check our website for a com-plete listing of programs.


By William M. Tiersten, M.A., J.D.

On reading the title of Hillel L. Presser,Esq. MBA’s new book – The Lawyer’sLaw of Attraction: Marketing Outsidethe Box But Inside the Law – I wasreminded of a Russian nesting doll thatkeeps on revealing smaller versions ofitself until one finally gets to the solidkernel inside. Surely, there is plenty ofroom to market “outside the box” andstill “inside the law” and as a lawyer Imust determine how much marketing todo, in other words, find the kernel ofmarketing that works for me. So, a bookthat provides extensive advice, exam-ples, exercises and resources for market-ing should be a good tool.

As a tool, Mr. Presser’s book worksbetter as a reference than a cover-to-cover read. Chapters are segmentedaccording to the basic topics of market-ing and each chapter is presented in aneasy-to-follow, heavily “signposted”manner, in other words, he tells peoplewhat they are about to hear, tells it tothem, then tells them what they heard.Mr. Presser takes this a few steps fur-ther by, for instance, describing at thehead of each chapter the office suppliesthe reader will need for the exercisesembedded within - like pencil, businesscard, Internet connection, etc. He alsocites an exhaustive series of websiteswith annotations describing their use-fulness. He even announces the title ofthe next chapter, in boldface, at the endof the chapter you are reading. Nowthat’s signposting!

Different lawyers have different appetitesfor the tools of marketing. Let’s take two:1. Mr. Presser, “an esteemed and success-ful Asset Protection Attorney, Marketer,Author, Speaker, and Entrepeneur”; and2. Me, a long-time media/communica-tions professional steeped in public tele-vision and non-profit video who is begin-ning a second career as a lawyer. Mr.Presser writes with authority and detailabout “Marketing Basics, Knowing YourMarket, Carving a Niche, Branding,Becoming an Expert, Networking, SocialMedia, Online Marketing, PublicRelations, Traditional Marketing andMuch More!” While I recognize andhave endeavored to — at least — famil-iarize myself with each of these areas, I

find the list itself exhausting. And apartfrom folks like Mr. Presser, the lateJohnny Cochran and Gloria Allred (bothof whom Mr. Presser cites as “masters ofmarketing”), most of us are not as com-fortable with, or ambitious about, market-ing. But, even if many of us BECAMElawyers because it didn’t seem to requiremuch marketing, the paradigm has shift-ed… and we are ALL marketers now.

To his credit, Mr. Presser understandsthat we are not all naturals. So, heemphasizes the fact that his is a mar-keting book written by as well as for alawyer and that the “tips, tricks andtechniques” to be found here aredesigned specifically for lawyers. So,who is this book really for? In hisintroduction, Mr. Presser answers:“This book is for any lawyer whowants to increase both the quantity andquality of their clients.”

Sounds good. But, “How far are youwilling to go?” as Mr. Presser asks inChapter 4: Branding. This question isposed just after a discussion of the rela-tive advantages and disadvantages ofusing plastic business cards. On the onehand, they are more noticeable. On theother, they may not be a great idea ifone is marketing to environmentalists.

There are numerous examples like thisand useful exercises along the way tohelp the reader answer questions con-cerning how much and what kind ofmarketing to do. In Chapter 3: Carvinga Niche, he warns against “… trap[ping]yourself in a box by pretending that it’s

your niche.” That sounds right, yet healso warns against becoming a “jack ofall trades and master of none.” Can thoseof us who really need to be generalists,say house counsel for an underfundednon-profit, afford to specialize so much?In Chapter 5: Becoming An Expert, heasks us to fill in a blank: “My expertiseis ________________.” This worked forme. Chapter 9: Making Media Work:Public Relations not only gives thor-ough, step-by-step directions on how towrite a press release, it also references awebsite for further help.

Before providing a thorough glossaryof resources for the legal marketer,and after 10 chapters of practicaladvice, Mr. Presser writes one morechapter on Values, Integrity andPersistence. After seeing his examples,working on his exercises, and notingwhere to come back for more informa-tion, it seemed to me that this chapter,though designed as something of anafterword, might be the place to beginfiguring out which part of the areaoutside the box/but inside the lawmight work best for me in finding mymarketing kernel.

Bill Tiersten, a NYCLA and Law andLiterature Committee member, is anx-iously awaiting admission in NewYork. While keeping his options open,he provides creative legal expertise tonon-profits. He holds a Master’s inEnglish from the University ofChicago and is a member of NYCLA’sLaw & Literature and Non-profitCommittees.

The Lawyers Law of Attraction: Marketing Outside the Box But Inside the Law

Dear Friends:

The New York County Lawyers’Association Foundation is pleased towelcome seven new and returningmembers to its Board of Directors. Atthe Foundation’s Annual Meeting, heldon April 8, 2013, Hon. Betty WeinbergEllerin, Brian Dale Graifman, MaryGail Gearns, Stewart D. Aaron,Sylvia Di Pietro, Susan B.Lindenauer and Lester Nelson wereelected to three-year terms on the boardof Directors.

Among the many programs funded bythe NYCLA Foundation are severalgeared to law students and younglawyers. Every summer, the Hon. HaroldBaer Jr. and Dr. Suzanne Baer MinorityJudicial Internship Program places high-achieving minority law students in thechambers of both federal and statejudges with stipend-supported intern-ships. This summer’s interns are NidaAlvi, a student at Benjamin CardozoSchool of Law; Nora Cuddy, a studentat CUNY School of Law; StephanieLin, a student at St. John’s University

School of Law; Khalil Nobles, a studentat Benjamin Cardozo School of Law;and Versely Rosales, a student at CUNYSchool of Law.

After graduation, newly admittedlawyers working as prosecutors anddefense attorneys are eligible forNYCLA’s Public Service Fellowships,awarded annually based on an essaycompetition. In addition, throughout theyear, young lawyers benefit fromNYCLA’s Mentoring Program (winnerof a 2011 Bar Leaders Innovation Awardfrom the New York State Conference ofBar Leaders) and enjoy the social andnetworking events hosted by theNYCLAYoung Lawyers’ Section.

Unfortunately, your dues do not coverall the costs of the programs and servic-es like this that make us proud to beNYCLA members. We depend on yourcontributions to support the work thatwe do to benefit the membership, theprofession, and the public. To help sup-port these programs, you can simply goto www.nycla.org and choose “Giving toNYCLA.” You can also mail a check,

payable to the “NYCLA Foundation,” toNYCLA Foundation, 14 Vesey Street,New York, NY 10007. We are gratefulfor every contribution.

On May 23, 2013, at the NYCLAAnnual Meeting, I will become thePresident of the New York CountyLawyers’Association. Lewis F. Tesser,who will become the President-Elect ofthe Association, will also becomePresident of the NYCLA Foundation,and will take over writing this columneach month. A member of NYCLAsince 1999—and Vice President since2011—Lew is a partner at Tesser, Ryan& Rochman, LLP, and has been the

Director of the NYCLA Ethics Institutesince its inception in 2008. Lew is alsothe Editor-in-Chief of New York Rulesof Professional Conduct, edited byNYCLA’s Ethics Institute and publishedby Oxford University Press, which hasbecome a major, practical and easilyresearchable guide for New Yorklawyers. In addition, Lew formedNYCLA’s Mentoring Program, whichwon the New York State BarAssociation’s 2011 Innovation Awardfor Large Bar Associations. TheFoundation will be in good hands as welook forward.

NYCLA needs both your support andyour ideas. After May 23, please do nothesitate to contact Lew with suggestionsfor fundraising or related topics. You canreach him at [email protected].

Sincerely,Barbara MosesPresident of the NYCLA Foundation

M E S S A G E F R O M B A R B A R A M O S E SP R E S I D E N T O F T H E N Y C L A F O U N D A T I O N

B O O K R E V I E W


By Maria Guida

Copyright 2013 by Successful Speaker, Inc.All rights reserved.

Attorneys have great deal in commonwith actors. They face negative stereo-types that they must continuously seek todestroy: actors are unreliable, phony air-heads; attorneys are longwinded, arrogantsheisters.

How do successful attorneys and actorsinfluence people to believe otherwise?How can you, as an attorney, help defeatthese stereotypes and continue to buildyour business?

Persuasive attorneys and convincingactors understand the key finding of astudy conducted by the Harvard BusinessSchool: while your message is alwaysimportant, content constitutes only sevenpercent of your persuasive power. A full93 percent of the impression you make isbased upon how you deliver your mes-sage, to build belief within your listeners.

You can become a more masterful per-suader: spend less time preparing yourcontent and invest more time rehearsingdelivery behaviors that build listenerbelief. Convincing actors know how todo this, because they spend years honinga craft that is designed to help the audi-ence believe.

To establish belief, actors nurture whatStanislavski (the great Russian stagedirector and teacher) called the “sense oftruth.” In daily life, truth is what actuallyexists. On stage and camera, however,truth is not what exists, but what is possi-ble. To do their jobs, therefore, actorscreate truth; they exercise the power ofthe imagination to satisfy their own senseof truth, so that they themselves canbelieve.

In or out of court, the attorney’s situationis similar to the actor’s. The more sin-cerely you believe and deliver your mes-sage as truth, the more completely yourlisteners (and jurors) believe it.

When actors are preparing a role on stageor camera, they make careful plans abouttheir actions. One of the things they do isto pursue acting objectives that are per-sonally appealing and powerful, so thatthey will be motivated to speak the linesthat the playwright or screenwriter wrote.These carefully worked-out acting objec-tives are important building blocks thatactors use, in order to build belief.

As an attorney, by pursuing acting objec-tives as you speak, you can help yourprospects and existing clients believe that:

• you listen to your clients• you put the clients’ interests in frontof your own• you are passionate about a case –that it’s not just a cash cow for you• you truly are the client’s businesspartner• if you can’t handle a case, you willhonestly say so, and you will recom-mend someone who can handle it

No matter what practice area you are

in, pursuing acting objectives when youspeak will help you 1. project commit-ment and passion and 2. create thesebeliefs (and more) for your businesslisteners.

“Pursuing acting objectives” meansfocusing on what we do with our words –the powerful communication actions thatlie underneath the words we speak. Inorder to make choices about actions,actors divide the script into units, called“beats.” Each beat is a separate topic,smaller than the overall subject of themessage.

When actors have identified what eachbeat is about, they identify an actingobjective for each beat, choosing objec-tives that have the following qualities.Each objective should be:

• directed toward the listener and notbe concerned with dramatic effect

• personal yet appropriate to the spo-ken message and the listener’s situa-tion

• truthful (for our purposes, truthfuldoesn’t mean actual; it means believ-able)

• identified in active verb form andmove the communication forward

• specific

Here is an example from the theater. Anactor is about to begin rehearsal for anew Broadway play, and she is explor-ing her script to identify her actingobjectives. She decides that, at one par-ticular moment in the script, her charac-ter wishes to be powerful. That is herverb to be powerful. But the verb “tobe” is static and does not contain theenergy of action necessary for anactable objective. So, the actor rephras-es this: “I wish to obtain power.” Theverb “to obtain” is active, but it is notspecific. Now, the actor must ask her-self, “What must I do, in order to obtainpower?” When she answers that, sheknows what specific actions to taketoward the listener. She may decideupon one of these verbs as an objective:

“I want to (1) impress my listeners (2)instill confidence within my listeners (3)earn my listeners’ affection.”

Here are some sample acting objectivesthat might be useful when you speakdirectly to clients and prospects:

“I want to:

• direct my listeners toward behaviorthat will benefit them or their organi-zations• illustrate to my listeners the benefitsof taking action• save my listeners from making deci-sions that will waste time andmoney, or put them in a compromis-ing position”

These are actable objectives. You can acton them. Pursuing acting objectives likethese as you rehearse and speak will helpyou build prospect and client belief.

Keep your acting objectives private;never share them with anyone! Secretshold great power over us; when we letthem out, they lose some of their influ-ence on our behavior. Keeping your act-ing objectives a secret will help ensurethat they have power over you; power toaffect your tone of voice, body language,and every aspect of your demeanor. Yoursecret objective will also have the effectof strengthening your motivation to speakand increasing the level of commitmentand passion in your voice and gestures.

Actors write their acting objectives inthe margin of the script, right next tothe dialogue. In rehearsal, as they speakthe words of each beat, they focus onthe underlying acting objectives andpursue those objectives as if their livesdepended on it.

Attorneys can easily identify what theyconsider to be their overall objectiveswhen they speak. Many, however, do notrealize the importance of identifying themany different (and highly specific)objectives contained within the various

parts of the spoken message. It is these“micro,” beat-by-beat objectives that helpbuild belief when you identify them care-fully and pursue them rigorously.

Rehearsing the way actors do will helpyou speak strategically at each momentand project a conviction that is visible onyour body and audible in your voice.

Do the following:1. Divide your notes (or script, if youuse one) into beats, each one a dif-ferent subject.

2. Identify an acting objective for eachbeat. Choose objectives that areattractive for you to pursue and thatmeet the five criteria.

3. Write your objectives in the marginof the page.

4. Rehearse aloud, rehearse often, andrehearse at “performance-level”energy.

5. Internalize; do not memorize(rehearsal should be the practice ofspontaneity).

6. As you speak the words of each beat,focus on your underlying actingobjective. Keep it at the forefront ofyour mind, and pursue it energetical-ly.

This process should become part of yourpreparation for client/prospect meetings,telephone negotiations, networking/CLEevents, and conferences—as well as yourcommunication in the courtroom and theboardroom.

Apply this technique from the actor’stoolkit to build belief every time youspeak. Then, watch your persuasivepower and your practice grow!

Maria Guida is a speaking strategist/coachat major law firms and law associations,as well as a corporate and televisionspokesperson. As an actor on Broadway,TV, and film, she has worked with PaulNewman, James Earl Jones, and KevinKline. Maria can be reached at 718-884-2282 or via email at [email protected].

Build Your Practice By Building Belief:A Lesson From the Theater


To make suggestions about digital orprint purchases please contact DanJordan by email at [email protected] orby phone at 212-267-6646, x204.

WestlawNext is now in the NYCLALibraryWestlawNext is now available on 23patron terminals in the library. Come inand see what all the hype has beenabout. WestlawNext promises to bringgreater efficiency to your legal researchprojects. For training on WestlawNext,see the CLE Course Calendar athttp://www.nycla.org/index.cfm?sec-tion=CLE&page=Course_Calendar.Twenty of the patron terminals alsohave Westlaw Classic on the desktopfor those not yet ready for a newWestlaw interface.

Career Tips for LawyersHere are some career developmentgleanings I came across using Legaltrac,an index to legal periodicals available tomost NYCLAMembers through theNew York State Library-AttorneyBorrower’s Card.

To figure out where you are going youneed to determine where you are. OfCounsel published an article recentlyabout a career assessment tool, LawFit,which could help you or your employerdetermine which areas of law you aremost suited for. LawFit CareerAssessment, for a fee, will help youdetermine which areas of law you arebest suited for. LawFit can be found athttp://www.lawfit.com/en/.

Taylor, Steven T., “New CareerAssessment Tool Can Change YourCareers, Enhance Hiring, andRetention.”32 Of Counsel 3 (Jan. 2013).

Larry Bodine had an article in the YoungLawyer three years ago that appears tohave held up well. We all like checklists,don’t we? The article is broken down byFirst-year Associates; Second-yearAssociates; Third-year, fourth-year, andFifth-year Associates; and Sixth-year,Seventh-Year, and Eighth-YearAssociates with bullet point suggestionsas to things you should or could bedoing to further your career. A fulllength version of the article can be seenat: http://bit.ly/AKTRv.

Bodine, Larry.“Associate Marketing

Checklist”. 14 Young Lawyer 1(Feb.-Mar. 2010).

Solo practitioners don’t feel they have asupport system. The ABA Journal had anarticle at the beginning of the year high-lighting how some practitioners havecreated local groups of “friendly solo”networks that meet quarterly or monthlyto talk about work and practice. The arti-cle also gives a short list of tips for start-ing your own Local Network.

Cohen, Deborah L. “GettingConnected: Lawyers Build Support

Networks”.99 ABA Journal 30 (Jan. 2013).

Might you or your firm consider hiring acareer coach to further your professionaldevelopment? Might the principles ofcoaching help you to help yourself? Dr.Tyner, a law professor and the Directorof Diversity at the University of St.Thomas School of law explains, in twoarticles, coaching, styles of coaching,tests involved and distinguishes coach-ing from mentoring and other types ofsupport. Dr. Tyner also offers advice onhow to select a coach.

Tyner, Artika R. “AYoung Lawyer’sGuide for Coaching Your Way toSuccess: Part One.”17 Young Lawyer 1 (Dec. 2012).

Tyner, Artika R. “Five Tips forCoaching Your Way to Success: PartTwo.”17 Young Lawyer 5 (Dec. 2012).

And finally,

Martha Coakley, Attorney General ofMassachusets, gives the legal ABCs toMassachusetts Law Students. Perhapswe can all benefit from reviewing thisalphabet of core principles again.

Coakley, Martha. “Don’t lose sight ofthe Fundamentals.” 41 StudentLawyer 8 (Oct. 2012).

Most NYCLAmembers qualify foraccess to LegalTrac, Loislaw,IndexMaster, and State Capital Universeat no cost through the New York StateLibrary-Attorney Borrower’s Card. Thecard is available to New York residentswho are admitted to practice before NewYork state courts. [email protected] for more information.

Electronic Research Center CLE ProgramsUnless otherwise noted, courses arefree and open to the public. Register atnycla.org. Questions? Contact IrinaChopinova at [email protected] 212-267-6646 x203.

May

Lexis: IMay 7 – 10:30– 11:30 a.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: Cite Checking with Shepard’sMay 7 – 12:00 – 1:00 p.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: Labor & Employment &Worker’s Compensation ResearchMay 7 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Introduction to WestlawNextMay 9– 10-11 a.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Securities Law Research onWestlaw NextMay 9 - 11:30 a.m.-12:30 p.m.1 MCLE Credit: 1 Skills; Transitional

U.S. Bankruptcy Court ElectronicCase Filing SystemMay 22 – 10 a.m.-12:30 p.m.2.5 MCLE Credits: 2.5 Skills;Transitional (Also NJ)Member: $65 Non-member: $85Non-legal Staff: $35

Westlaw: Advanced Research onWestlaw NextMay 29 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Insurance Law Research onWestlaw NextMay 29 – 3 - 4 p.m.1 MCLE Credit: 1 Skills; Transitional

June

Lexis: IJune 4 – 11:00 a.m. – 12:00 p.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: Research UpdateJune 4 – 12:30 – 1:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: Expert Witness ResearchJune 4 - 2:00 - 3:00 p.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Introduction to WestlawNextJune 11 – 10-11 a.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Introduction on BusinessLaw on Westlaw NextJune 11 - 11:30 a.m.-12:30 p.m.1 MCLE Credit: 1 Skills; Transitional

U.S. Bankruptcy Court ElectronicCase Filing System

June 19 – 10 a.m.-12:30 p.m.2.5 MCLE Credits: 2.5 Skills;Transitional (Also NJ)Member: $65 Non-member: $85Non-legal Staff: $35

Using Bloomberglaw.com for LitigationJune 20 – 10 - 10:50 a.m.1 MCLE Credit: 1 Skills; Transitional(Also NJ)

Using Bloomberglaw.com for aCorporate Transactional PracticeJune 20 - 11:05 - 11:55 a.m.1 MCLE Credit: 1 Skills; Transitional(Also NJ)

Westlaw: Advanced Research onWestlaw NextJune 26 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Real Property Law Researchon Westlaw NextJune 26 – 3 - 4 p.m.1 MCLE Credit: 1 Skills; Transitional

LIBRARY NOTES


NYCLA In The NewsA roundup of recent national and localnews stories featuring NYCLA and itsmembers

New York Times and NYTimes.comA letter to the editor, from NYCLA’sPresident Stewart Aaron and BoardMember Jacqueline Wolff, was pub-lished in the Saturday, April 13 editionof the paper in response to the article,“As the Senate Agrees to ConsiderGun Limits”:

The Senate may be on the verge ofextending background checks, butthat alone may not be enough.

The New York County Lawyers’Association recently did an exten-sive study of federal gun controllegislative proposals and publisheda report that makes recommenda-tions as to what should be enacted.Virginia Tech teaches us that thechecks are only as good as theinformation provided by the states.Congress should provide states withincentives to provide full informa-tion to the National Instant CriminalBackground Check System.

Also, the current ban on sellingammunition to felons is toothlesswithout making ammunition thesubject of background checks.

In other words, piecemeal legislationmay be politically expedient, but itwon’t necessarily be effective. Weowe the families of victims of gunviolence at least that. Otherwise, wemay find ourselves arguing againabout why the laws on the books arenot sufficiently effective.

Justice.govAttorney General Eric Holder Speaksat the 15th Annual National ActionNetwork ConventionApril 4, 2013In his speech at the 15th AnnualNational Action Network Convention,Attorney General Eric Holder men-tions the report that NYCLA recentlypublished on gun control legislationrecommendations. He said,“Unfortunately, this phenomenon isanything but new. Since April 1999 –when two teenagers used guns andhomemade bombs to kill a teacher,

murder a dozen of their classmates,and wound 21 others at ColumbineHigh School in Colorado – this coun-try has witnessed no fewer than 47mass shootings involving over 640victims, more than half of whom werekilled. A recent report by the NewYork County Lawyers’Associationshowed that – in a majority of theseincidents – the perpetrators usedextended or high-capacity magazines.”

NY1 NewsLawyers Analyze Federal Gun BillsMarch 28, 2013The Road to City Hall’s Errol Louishad NYCLA’s President StewartAaron, and Association board memberJacqueline Wolff, on the show to breakdown NYCLA’s new report that exam-ines the gun controls that Congress isconsidering.

New York Law Journal and nylj.comCourts Still Often Fail to ProvideJustice for Poor Criminal Defendants,Panel SaysMarch 22, 2013This article highlighted the discussionaround indigent defense that was thetopic of NYCLA’s March 18 celebra-tion of the landmark Supreme Courtdecision in Gideon vs. Wainwright andfeatured photos from this special eventhosted by Arnold & Porter.

Metrocorpcounsel.comNew York County Lawyers’Association Issues RecommendationsOn Proposed Federal Gun ControlLegislationMarch 20, 2013The report recently released byNYCLA that analyzes proposed feder-al gun control legislation was high-lighted in this article.

New York Law Journal and nylj.comN.Y. Makes ‘Painfully Slow’ Progressin Applying Landmark RulingMarch 18, 2013On the 50th anniversary of the land-mark Supreme Court decision inGideon vs. Wainwright, the New YorkLaw Journal published an article onthe efforts that still need to be made tofulfill the promise of Gideon. The arti-cle features a sidebar about NYCLA’sMarch 18 event in commemoration ofthis landmark decision.

NYCLA Comments on and Supports IssuesNYCLA frequently reports, commentson, and supports issues affecting theNew York City legal community and hasrecently commented on or supported thefollowing issues:

• Federal Courts Committee andBankruptcy Law Committee SubmitComments on ProposedAmendments to the Local Rules ofBankruptcy Court of the SouthernDistrict of New York

• Federal Courts Committee SubmitsComments on the Proposed Rules ofthe Civil Rules Advisory Committeeand the Committee on the Rules ofCivil Practice and Procedure

• Civil Rights and Liberties Committee

and Immigration and NationalityLaw Committee send letter to NewYork State Assemblyman FranciscoMoyasupporting the New York StateDream Act

• Matrimonial Law Section SubmitsComments to OCA RegardingAccess to Forensic EvaluationReports in Child Custody Matters

• Civil Court Practice Section andSupreme Court Committee SubmitJoint Comments to OCA on 22NYCRR Section 202.5-c,relating toproof of service by mail throughattorney’s affirmation

Learn more on the News & Publicationssection of nycla.org.

Ethics HotlineThe Committee on Professional Ethicsaccepts both written and telephoneinquiries on ethics matters and providesadvisory opinions. For additional infor-mation, call the members listed below.

May 1-15Don Savatta212-983-6000

May 16-31Richard Maltz212-705-4804

June 1-15Alison Parker352-215-5400

June 16-30Bruce Kelly212-715-1080

Please Note: Assignments are subject tochange.

Questions to the Hotline are limited to aninquiring attorney’s prospective conduct.The Hotline does not answer questionsregarding past conduct, the conduct ofother attorneys, questions that are being lit-igated or before a disciplinary committeeor ethics committee, or questions of law.This notation shall not be construed tocontain all Hotline guidelines. For a fulldiscussion of Ethics Hotline guidelines,please see the article below, “Guidelineson NYCLA’s Ethics Hotline,” published inthe September 2006 issue of New YorkCounty Lawyer.

Over 8,000 patents grantedOver 15,000

trademarks obtainedOver 45 years of experience or e-mail us at [email protected]


NYCLA Women’s Rights CommitteePresents Award

Joana Lucashuk (left) and Minna Elias (second from left), Co-Chairs of NYCLA’sWomen’s Rights Committee, present the16th annual Edith I. Spivack Award onApril 4 to Dorchen A. Leidholdt (right), Director of the Center for BatteredWomen’s Legal Services at Sanctuary for Families. The Spivack Award was namedfor the woman who was the driving force for the establishment of NYCLA’sWomen’s Rights Committee in 1972, actively recruiting outstanding women attor-neys and playing a significant role in identifying critical areas of discriminationagainst women.

Health Law Committee Hosts Food Safety Forum

At the Health Law Committee’s March 14 panel discussion, “Who’s WatchingYour Food: A Discussion on the Food Safety Modernization Act,” attendeesgained knowledge of the new rules and challenges in implementing The FoodSafety Modernization Act which was signed into law to address preventivecontrols and establish science-based standards for growing, harvesting, pack-ing, and holding produce. Pictured are the panelists (left to right): AfiaAsamoah, Esq., Associate at Covington & Burling LLP in the Healthcare andFood & Drug Practice; Beverly Jones, Chair of the Health Law Committee;Dr. Dilcia Granville, Senior Public Affairs Specialist, the Food and DrugAdministration (FDA); Sarah Roller, JD, RD, MPH, Partner at Kelley Drye &Warren LLP and Chair of the Food and Drug Law practice; and MathewSwinburne, JD, Network for Public Health Law – Eastern Region at theUniversity of Maryland School Of Law.

RECENT EVENTS

S T A T E O F T H E C O U R T S

NYCLA Celebrates 50th Anniversary of Gideon v. Wainwright

American Bar Association President-ElectDelivers Hughes Lecture

James R. Silkenat (center) American Bar Association President-Elect and Partnerat Sullivan & Worcester LLP, delivered the Hughes Hubbard & Reed-sponsored50th Charles Evans Hughes Memorial Lecture on April 10. With him are, fromleft, James B. Kobak, Jr., immediate past NYCLAPresident and Partner at HughesHubbard & Reed, and Barbara Moses, NYCLA President-Elect and Counsel atMorvillo Abramowitz Grand Iason & Anello PC.

On Monday, March 18, NYCLA and Arnold & Porter LLP hostedan event commemorating the 50th anniversary of the landmarkGideon v Wainwright case. The program, which began with a pre-miere of the film Defending Gideon narrated by actor MartinSheen of West Wing, included a panel of federal and state prose-cutors and including moderator Peter L. Zimroth (center), Partner,Arnold & Porter LLP, former Corporation Counsel of the City ofNew York; and panelists, Zachary W. Carter (right), Partner,Dorsey & Whitney LLP, former United States Attorney for theEastern District of New York; Catherine A. Christian (second fromright), Counsel to the Trial Division and Chief, AlternativeSentencing Division, Office of the Special Narcotics Prosecutor,Past NYCLA President; Seymour W. James Jr. (second from left),Attorney-in-Charge of the Criminal Practice of The Legal AidSociety, President New York State Bar Association; David E.Patton (third from left), Executive Director and Attorney-in-Chief,Federal Defenders of New York. NYCLA President and partnerand head of Arnold & Porter’s New York office, Stewart D. Aaron(left), helped kick off the celebration.


UPCOMING EVENTS

Events CalendarAll events, unless otherwise noted, will beheld at NYCLA Home of Law, 14 VeseyStreet. Visit the Association’s website,nycla.org for more details, schedulechanges and additions, and to R.S.V.P. forevents, which are subject to change.

MayCinco de MayoMonday, May 6 – 6:30 p.m.Sponsored by the Young Lawyers’ SectionCelebrate Cinco de Mayo with NYCLAand sample a variety of cocktails featur-ing Don Julio Tequila.

2013 Law Day LuncheonFriday, May 10 - Reception - 11:30a.m.; Lunch - 12:30 p.m.Cipriani Wall Street, 55 Wall StreetSponsored by NYCLA’s Supreme CourtCommittee

Join NYCLA for its annual Law DayLuncheon, where the Justice Louis J.Capozzoli Gavel Award will be present-ed to Hon. Robert S. Smith, AssociateJudge of the New York Court ofAppeals. The Capozzoli Gavel Awardcommemorates the life of Justice LouisJ. Capozzoli, a lawyer and judgewho was devoted to public service andembodied the highest ideals of the pro-fession. NYCLA established this awardin 1984, and it has been giveneach year to distinguished attorneys andjudges ever since.

In PracticeWednesday, May 15 - 12:30-1:30 p.m.Sponsored by the Young Lawyers’ SectionThis “In Practice” program will featureCatherine Christen, Counsel to theSpecial Narcotics Prosecutor and FormerNYCLA President.

2013 Annual Meeting: Induction andReceptionThursday, May 23, 2013 – 5:30 p.m.All NYCLA members are invited toattend the Association’s annual inductionceremony of NYCLA officers and mem-bers of the Board.

June

Matrimonial Law Section SpringCocktail PartyJune 3 – 6 p.m.Battery Gardens Restaurant at Battery ParkSponsored by the Matrimonial LawSectionNYCLA’s Matrimonial Law Section willhonor the Senior Court Attorneys ofNew York County Matrimonial Judges.Reserve Your Space Today! NYCLAMatrimonial Law Section members -$75.00; Non-members - $150.00.Included in the ticket price are an open

bar and superb hors d’oeuvres. Space isgoing fast, so confirm your reservationsimmediately with Charlotte C. Lee,Reception Chair, at 212-732-3366, oremail [email protected] and simul-taneously mail your check to CharlotteC. Lee, 277 Broadway, Suite 100, NewYork, NY 10007. Make checks payableto “NYCLA Matrimonial Law Section.”Reservations will be accepted in theorder received. Reservations will not beaccepted after May 27, 2013, or afterthe attendance limit is reached, soreserve now.

NYCLA and AABNY Host Joint EventHonoring JudgesWednesday, June 19 – 6 p.m.Sponsored by NYCLA’s Federal CourtsCommittee and the Asian American BarAssociation of New YorkThe event will honor two newly appointedAsian American federal judges, LornaSchofield and Pamela Chen.

ANNUAL MEETING


Hon. Loretta PreskaChief Judge of the Southern District

of New York

State of the Southern District of New YorkBy The Hon. Loretta PreskaChief Judge of the Southern Districtof New York1

The New York County Lawyer’sAssociation (NYCLA), of which Ihave been a member for decades, hasbeen an important organization sinceits inception, and it continues to spon-sor wonderful events that promotelegal education and involvement in thelegal community.The purpose of thisarticle is to give NYCLA a report onthe state of our Court.

BackgroundAs a little bit of background: you mayhear the Southern District referred toas the “Mother Court.” This is becausewhen Congress passed the firstJudiciary Act of 1789 establishing 13district courts, that is, one for eachcolony, the district court in New Yorkwas the first to sit, beginning on thefirst Tuesday in November 1789 —more than 220 years ago. I have beenprivileged to be a member of theMother Court since ‘92 when I wasappointed by 41, that is, by PresidentGeorge H.W. Bush.

Number of cases/statisticsTo give you a sense of the volume ofcases in the Southern District, I havesome numbers for you. First of all, Ihave about 200 civil and 60 criminalcases on my docket, in addition to anumber of pro se cases. In 2012,more than 10,500 civil cases werefiled in the Southern District —some 20 percent were civil rightscases, which include discriminationand prisoner cases; three percentwere securities and antitrust cases;and 13 percent were contract cases.About 1,000 indictments werereturned. Pro se cases comprise agood portion of our docket. As youknow, those cases pose a challengeto the Court – as can cases wherecounsel is your cousin Vinny whofailed the Bar five times and todayjust happens to be his very first dayin court. They are difficult for theCourt because there is no effectiveadvocate on one side of the case, andwe have to fill in that gap.

Annually, most judges have upwardsof 70 substantive motions, innumer-able smaller motions and five to tentrials on average. Among thosemotions will usually be two massivemotions to dismiss securities classactions, untold numbers of summaryjudgment motions in discriminationcases and a motion in every singleFair Debt Credit Reporting Act case.It often takes a full day to readthoughtfully the motion to dismisspapers in a securities class action orthe summary judgment papers in adiscrimination case. At the same time,we conduct oral arguments, statusconferences, settlement conferences(which simply cannot be done in lessthan half a day), suppression hearings,pleas and sentencings in criminalcases and — did I forget to mention— trials.

Role as ChiefAs Chief Judge of the SouthernDistrict, I now have a whole new setof responsibilities in addition to myregular case work. I frequently dealwith the Probation Office, the Pro SeOffice, and Human Resources. TheClerk’s Office has over 200 people tobe supervised, and hiring decisions canbe time-consuming.

The administration of the courthouse ishandled through committees of theBoard of Judges, e.g., Rules, Security,Clerk’s Office, Grievances, House andSpace, Bankruptcy, Defender Services,etc. The Ad Hoc Committee on CellPhones, for example, spent many longmonths discussing the pros and cons ofallowing Blackberries, iPhones, andother devices into the courthouse. Thehard work culminated in the issuanceof a standing order, effective April 1,2010, that permits an attorney to bringin one personal electronic device undercertain circumstances. And of course,you can imagine the many hours ofpreparation and planning that wentinto the Ahmed Ghailani trial beforeJudge Kaplan. As you know, it was thefirst trial of a former Guantanamodetainee to be held in a civilian federalcourt. Once we heard that the KSMtrial might be held in the SouthernDistrict, I can assure you the work didnot cease. Security issues are certainlya major concern in this Court.

Security PavilionOn that note, recently and after yearsof lobbying efforts, we secured thefunding needed to construct a securitypavilion outside of the 500 Pearl Streetcourthouse. As many of you know, oursecurity screening areas are currentlyhoused inside of the courthouse. Thisis hardly ideal in the event of a bombthreat, for example. The plans havebeen drawn, the funds are now avail-able, and construction is set to begin inJune. In this budget climate, I hastento add that these were not newly-appropriated funds but funds left overfrom un-built or completed projectsthat Congress reprogrammed for thisproject.

Patent Pilot ProjectIn the interest of efficiency, the Courtinstituted its Patent Pilot Project in2011. The purpose of the project is toidentify patent cases at the outset oflitigation and to assign them to one ofseveral judges who have expertise inthat area. Currently, there are tenjudges who participate in the project.There are 77 cases that have been des-ignated as patent pilot cases, and thereare 28 that remain open. The feedbackhas been very positive, not only for thelitigants but from the Court as well.

Complex Litigation Pilot ProjectAnother Court initiative has been theComplex Civil Litigation Pilot Project.Beginning in late 2011, a case wouldbe designated for inclusion in the PilotProject if it was a class action, anMDL action, or one of various specificsuit categories. In October 2011, the

Judicial Improvements Committee,with the assistance of a panel of distin-guished litigators, issued a reportdetailing the procedures to be followedonce a case is so designated. The fairlydetailed procedures are meant tostreamline the litigation and assist theCourt in swiftly identifying andresolving cases that tend to utilizemore judicial resources than other lesscomplex cases.

MediationThe Southern District’s MediationProgram offers a cost-free alternativeto litigation. We have seen a tremen-dous increase in the volume of casessent to mediation in the last few years.From 2010 to 2011, there was a 77 per-cent increase in the number of casesreferred to mediation — an increase of160 cases or so. In 2012, nearly 1,000cases were sent to mediation.

I’m also pleased to report that we havea wonderful new MediationSupervisor. The Mediation ServicesCommittee conducted several roundsof interviews from among approxi-mately sixty candidates. After a carefulselection process, Rebecca Price washired as Mediation Supervisor. Ms.Price, a former law clerk to MagistrateJudge Debra Freeman, has extensivemediation experience as a practitioner,adjunct professor, and lecturer.

Pro SeAs many of you may know, our formerChief of Pro Se Litigation, SarahNetburn, became a magistrate judgethis past fall. Sarah truly revitalizedthe Pro Se Office, and we spent a greatdeal of time searching for a candidatewho would continue improving theoffice and meeting the needs of our lit-igants. After a lengthy vetting process,our new Chief of Pro Se Litigation isMargaret Malloy, and she has provedherself up to the task.

Thurgood Marshall CourthouseOne of the most time consuming proj-ects is the renovation of the ThurgoodMarshall Courthouse. Designed by therenowned architect Cass Gilbert, thethirty-seven story courthouse has beenundergoing major renovations since2006. This project included a majorrenovation of the electrical and HVACsystems, restoration of the original1930’s craftsmanship in, for example,ceilings and woodwork, and improvingthe technology in the courtrooms.

It is near completion2 and the DistrictCourt held its first trial in the renovat-ed courthouse in February. The DistrictCourt has 22 courtrooms and chambersthere.

REFERENCES:

1. Editor’s Note: This article is based uponremarks given by Judge Preska to the NYCLAFederal Courts Committee on January 22, 2013.The Federal Courts Committee meets with a dif-ferent federal judge every month and member-ship in the Committee is free to any interestedNYCLA member.2. District Court judges and two magistratejudges have since moved into the courthouse.

S T A T E O F T H E C O U R T S


By Vincent T. Chang, Esq.

As Judge Preska’s article on the oppositepage shows, the Southern District of NewYork (SDNY) has developed innovativeprograms that have improved the adminis-tration of justice here and elsewhere. TheSDNY has done more with less, and hasbeen doing so for years despite stringentbudgetary limitations.

NYCLA has long opposed these stringentlimitations on the budget of the federalcourts. It is now clear that such budget con-straints will result in a real threat to theadministration of justice in the SDNY.Sequestration reduced the judiciary overallfunding levels by almost $350 million – anadditional four percent cut on top of the 10percent for FY 2013 for a total of 14 per-cent below requirements. As a result ofsequestration and prior cuts, the SDNY isfunctioning with 25 percent fewer person-nel than it needs. These cutbacks have sofar not caused furloughs or layoffs but onlybecause all non-salary money, other thantelephones, paper and ink, (such as IT andrepairs) has been shifted to salaries. If (asappears likely) further cuts occur, theSDNY and other courts will not be able tomaintain current staffing levels and willhave to diminish services severely.

Many attorneys and members of the publichold the mistaken view that the dangers ofsequestration and the cutbacks in the feder-al judiciary funding have been exaggerated.The reality is that sequestration has hit par-ticularly hard at the “discretionary” budgetof the courts because 40 percent of thecourts’ expenditures are “mandatory” —such as the salaries for judges and rent —and cannot be cut. Moreover, the results ofsequestration are intensified because thecuts imposed by sequestration have beentelescoped into much less than a full year,increasing the percentage cuts that must beimposed during the remaining six months.

As a result, if sequestration and other budg-et cuts proceed as planned, the SDNY andother courts will not be able to forestallcuts to necessary programs that serve thegeneral public and the lawyers who litigatein the SDNY on a daily basis. Nationwide,on top of a loss of over 1,800 court staffover the last 18 months (a nine percentdecline), up to 2,000 court employeescould be laid off this fiscal year or face fur-loughs for one day a pay period – equiva-lent to a 10 percent pay cut. Current courtstaffing levels are equivalent to March2005 levels. By the end of September,staffing levels could be another five to 10percent below current levels.

As Judge Preska stated in a New York LawJournal article: “We are barely limpingalong with the double digit-cuts we’veseen the last two years... We are so farpast the muscle and into the bone here —I don’t know how we can continue to pro-vide the services we are constitutionallyrequired to provide.” The results of suchcutbacks will ripple throughout the courtsystem in a variety of areas:

Public SafetyThe public does not realize that the SDNYand the Eastern District of New Yorksupervise nearly a quarter of a milliondetainees who are released either pretrialor on probation. Further budget cuts will

diminish the number of probation officersavailable to supervise criminal offendersreleased into the community. Cuts willalso jeopardize the quality of supervisionof accused pretrial offenders released onbail. Funding for drug testing and treat-ment and mental health and sex offendertreatment has been cut severely, and treat-ment is being decreased or withdrawnfrom supervisees. Also, funds to permitsearches of supervisees’ premises, bycourt order, have also been cut severelywith the result that the drugs, illegalfirearms and pornography that are so oftenseized remain in the community. All ofthis will have a major negative impact onpublic safety.

Indigent DefenseAs a recent New York Law Journal articlenoted, the SDNY’s Public Defender unitwould suffer a catastrophic 20 percent cutin the resources it has available to provideindigent defense, resulting in long forcedfurloughs for staff attorneys. Judges havealready received numerous requests fromFederal Defenders to be relieved in casesthat will be delayed and, with the appoint-ment of Criminal Justice Act (CJA) coun-sel, if relief is granted, exponentiallyincrease costs. In addition, attorneys ser-ving on CJA panels could see delays orreductions in payments.

Possible Reductions in Court OperatingHoursIf the projected cuts ensue, it is possible thatthe SDNY and other courts will be forcedto curtail their hours of operation and possi-bly even close for entire days at a time.Such furloughs would be devastating to, forexample, employees of the Clerk’s Office.Their salary average here in New York, thesecond most expensive place to live in thecountry, is below the national salary aver-age for Clerk’s Office employees.

Civil Case DelaysWith fewer available clerks’ office staffand the need to focus on criminal cases,civil and bankruptcy casesmay suffer sig-nificant delays. In addition, sequestrationmay cause delays in the issuance of opi-nions and in the payment of jurors.

Court SecurityFunding for court security systems andequipment and court security officerswould be cut 30 percent nationwide,resulting in longer hours and potentialdegradation in the security of the court.

Information TechnologyDeep cuts will be made for IT programsthat the courts depend on for daily caseprocessing. In addition, the SDNY hasbeen forced to defer or cancel neededimprovements to information technology.Public access to the court’s PACER infor-mation system may be curtailed.

Legal Services CorporationDeep cuts will be imposed on the LegalServices Corporation, which provideslegal services to the most vulnerablemembers of our population.

Vincent T. Chang, Litigation Partner atWollmuth Maher & Deutsch, and Chair ofNYCLA’s Federal Courts Committee, amember of NCYLA’s Executive Committeeand Board of Directors, and the Chair ofthe NYCLA Foundation.

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completed honestly, this exercise oftenreveals some startling facts.

By way of example, one attorney Iworked with entered coaching complain-ing that he was never able to get home atnight in time to put his son to bed. Thefact that he was missing out on this spe-cial time with his son was greatly affect-ing his stress levels on a daily basis,leading him to feel guilty, overwhelmedand resentful of his job.

After conducting the above time-trackingexercise for a week, what we discoveredwas that he was spending an inordinateamount of time when he arrived at workevery morning online, and more specifical-ly on NFL fantasy football sites. By creat-ing a daily ground rule that prohibited myclient from checking any football-relatedsites until lunchtime, and limiting that timeto half an hour, we were able to get himhome almost every night before his son’sbedtime, and thereby make both his familylife and his work life more rewarding.

By conducting the time tracking exerciseI suggest above, you too will discoverwhere you are losing time to certainactivities, and where you are spending aninordinate amount of time on activitiesthat you currently believe don’t take verylong. This exercise often also revealswhere we are letting ourselves down—bymissing workouts, by missing time withfriends, by skipping meals or date nightswith our partners. This critical informa-tion tells us what we need to know tomore effectively manage our time.

After completing this exercise, I ask myclients to sit down with a calendar anddesign their ideal week. First, write intothe calendar blocks of time for all of theareas which you have discovered youhave been neglecting in terms of self-care, including exercise, sleep, time withfriends or time with your partner. Next,include work and family obligations.Finally, make sure to include someunscheduled down time—any time man-agement system is destined to fail with-out a few stop-gaps that allow us to napon the weekends, or wander throughCentral Park, or simply spend an after-noon with a good book.

The last part of this assignment is to goout and live your ideal week. It will needsome tweaking, to be sure, but you will beamazed at the level of control you actuallyhave over your time if you are able to suc-cessfully follow your ideal week for sevenstraight days. For many of my clients, thisexercise is revolutionary, gives them backcontrol that they feared was lost forever,and greatly reduces the stress they experi-ence on a daily basis.

Once you’ve completed these tasks,make sure to update your ideal week at

least once a quarter. Keep a print-out ofit handy — tape it above your desk, orkeep it on the desktop of your computer— and use it as a roadmap to rely oneach week.

Balancing Work and Home LifeManaging your work and home liferequires a solid understanding of howresponsibilities are allocated in yourworld. I advocate that my clients havecandid, open conversations with theirpartners (both professional and personal),administrative staff, family members,and anyone else with whom they sharedaily responsibilities in order to negotiatethose responsibilities, and set expecta-tions and keep them. Absent this level ofcommunication, overwhelm and stressbecome frequent visitors.

Particularly, I ask my clients to make alist of every area of responsibility thatexists at work and in their home lives. Athome, this list might include items suchas childcare, laundry, cooking, dishes,pet care, event management, home main-tenance, and even romance and datenights. At work, this list might includeanswering the phone, processing paper-work, entering time, handling client con-tact, firm management tasks and numer-ous other areas.

Next, I ask clients to sit down withevery person with whom they sharethese responsibilities, and negotiate care-fully and candidly with that person as towho will be taking responsibility forwhat. Key to these conversations is thateach participant must willingly and gen-erously take responsibility for theirrespective areas.

A few words of caution: once you havetaken responsibility for an area, you mustlive up to that task. In other words, ifyou say you’re going to do the dishes,you must do them. Similarly, you mustbe willing to let go of responsibilitywhere another person has taken it on, andrelinquish control over the minor details.If your partner agrees that he/she isresponsible for the laundry, you don’tthereafter get to complain about how it isfolded! These two strategies guaranteeeffective balance while keeping thepeace.

Once all responsibilities are allocated andyou have a clear understanding of whatyou yourself must manage and what isdelegated or shared, you will find that youcan let go of worry and stress about thosetasks which are no longer yours. The ben-efit of this understanding is priceless.

Maintaining Good BoundariesAlso key to managing stress is maintain-ing good boundaries at work and athome. What do I mean by this? I meanthat in order to manage stress effectively,you must learn to say no. For many ofmy clients, and particularly for the mid-level associates I work with, the idea ofsaying no to anything strikes fear in theirhearts. I am here to tell you, however,

that if you can set good boundaries atwork and keep them, you will be happier,healthier and more productive. Saying noto a new work assignment on the night ofyour father’s 65th birthday party, forexample, will make you happier and willcost you nothing if handled explicitly andcarefully, with a promise to follow up thefollowing day. Furthermore, and contraryto what you might initially believe, if youset good boundaries and learn to say nowhen you need to, others will respectthose boundaries, and respect you.

Saying no is particularly hard in this dayand age when it comes to technology.Many of us feel that we must be avail-able 24/7, or risk termination or otheradverse professional effects. My view isthat this is a particularly insidious lie thatwe tell ourselves in order to justify thestress we experience by not logging off.In fact, when I ask my clients to lookaround their work environments forexamples of colleagues who don’tanswer their e-mails between 6 p.m. and8 p.m. so that they can have dinner withtheir families, or who only respond toemails on the weekends once a day, myclients can often point to numerousexamples of colleagues who have in factadopted these strategies with no detri-mental effects to their careers whatsoev-er. My bet is you could, too.

And if your colleagues can do it, so canyou. Yes, this can be scary until you getused to it! Here’s what I advise: if theidea of leaving your blackberry at homewhen you’re out to dinner with yourspouse scares you, try it anyway, justonce. I call this “flexing your no mus-cle.” You will soon find that nothing badactually comes to pass when you do this,and that most people, absent a true crisis,don’t mind if you don’t reply to them fora couple of hours at night. The next time,leaving the blackberry at home will beinfinitely easier.

Moreover, once you set a pattern of goodboundaries, others will come to expectthem of you. One partner at a firm whereI used to practice turned off his blackber-ry at night upon leaving the office, andonly checked it once again each night, at10 p.m. Predictably, everyone whoworked with him came to know that weshould not expect a response from him inadvance of that time of night, and some-times until the morning. This strategypreserved his family time each eveningwithout leaving anyone in the lurch,because the expectations were clear.

Starting to set boundaries that controlhow and when you are available, andlearning to say no in favor of relax-ation time, family time and self-care,are the fastest ways to reclaim controlof your stress levels and restore bal-ance in your life.

Daily and Weekly Practices for StressManagementLastly, most of my clients need somesolid daily and weekly stress manage-

ment skills to counteract the pressuresthat they experience. Warning signs thatyou may need to adopt these practicesinclude self-medicating through alco-hol, drugs or sex; physical ailmentsdirectly attributable to stress such ashigh-blood pressure, stomach ulcers,insomnia or physical pain; misdirectedfrustration or anger taken out on yourpartner, family, friends or evenstrangers; and uncontrollable anxietyand/or a sense of hopelessness that mayemerge as clinical depression. If youare experiencing any of these symp-toms, the time to adopt regular stressmanagement strategies is now.

Self-care must be your highest priorityif you are to effectively manage stress.For many of my clients, this takes theform of one or more of the followingstrategies:

• A daily meditation practice, either inthe morning or immediately uponreturning home, or both.

• Physical exercise three to four timesa week minimum, and most especial-ly cardio, as it counteracts the fightor flight response that our bodiesexperience in periods of high stress.

• Breathing exercises that can becompleted in a few minutes andeven in the office, including yogicbreathing techniques known aspranayama.

• Scheduled down time, such as takinga weekend with no TV, Internet orphone.

• Regular, extended sleep—the num-ber one priority for most of mystressed out clients.

Notably, effective time management,effective task management and solidboundaries allow you to take care ofyourself through the methods outlinedabove. In other words, the strategies Ihave presented in this article must beadopted concurrently if you are to man-age stress effectively. By adopting thesestrategies, you will find that yourresponse to stressful events is mini-mized, the duration of the stress youfeel is shortened significantly, and theeffects of stress that you experiencediminish greatly. Adopted over a life-time, these strategies will help to pre-serve your physical health, your mentalhealth, your relationships and youroverall well-being.

Elizabeth Cronise McLaughlin was afull-time corporate litigator on WallStreet before becoming the CEO ofECM Executive Consulting. She nowcoaches attorneys and other high-per-forming executives through professionaland personal transitions, and towardprofound growth. For more informationand for additional tips on how to handlestress, please see her website,www.ecmexecutiveconsulting.com.

Stressed?(Continued from page 1)

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report to the CEO of the company and ifyou are part of the Legal Department yourboss is the GC. Meet with your boss on aweekly basis to review the matters you areworking on and requests that you havereceived from different business units.Establishing a regular meeting with yourboss provides the opportunity to set thepriorities for the department that may oth-erwise not be addressed because of thevolume of daily requests. Once you haveyour priorities set, take a few minuteswhen you are sent a project from another

department to set their expectations aboutwhen their request can be completed.These short e-mails establishing timingexpectations are important so that the otheremployee does not think that you areignoring his or her request.

Establish trust with the departments andemployees that send you projects or legalquestions. The best way to establish trustis engage your business teams. Thinklike a business person. Act like a memberof the business team rather than a typicalattorney looking for problems. The goodin-house lawyers are really quasi-busi-ness people who identify risks and workwith the other team members to reach agood business conclusion. Internal busi-

ness groups will involve you earlier innegotiation process if you are an advisorwho manages a deal instead of an imped-iment to getting a transaction done.Being in-house allows an attorney to becreative in transactions and contracts.Tell your internal business client why adeal must be structured in a particularway and involve them as much as theywant to engage on the legal side. If thebusiness folks know that you will workwith them to get a deal done, then theywill trust your judgment even when itmeans re-evaluating a transaction.

Working closely with your businessteams will get the best results for thecompany. In this manner, you can man-

age transactions and matters from thebeginning of the process and avoid mostlegal issues. An in-house attorney needsto provide counsel to the company andmonitor business activities to maintaincompliance with all applicable laws. Heneeds to know what is going on through-out the organization. The only way to bea good in-house attorney is to fostercommunication with each group, busi-ness and team to be able to effectivelycounsel the company.

Robert A. Irwin, Esq, a NYCLA andIn-House/Outside Counsel Committeemember, is Associate General Counselof On Deck Capital, Inc., a smallbusiness lender.

Internal Clients(Continued From Page 1)

personnel that can result in a morerewarding legal career. A few guidelinesthat may be of help to an associate:

1. Understand Expectations. AndDeliver. Try to understand at thebeginning of any given transactionwhat level of communication theclient expects from you. It is difficultto generalize the rules that apply toall clients. Some clients prefer to“remain in the loop” and thereforewant to be copied on every email orbe on all conference calls. Othersprefer to receive periodic updates.

Having an early discussion with thepartner, and your day-to-day contactat the client, can help you deliverwhat is expected of you, and canhelp you avoid any missteps.Regardless of the approach the clientprefers, it is a good idea to keep theclient informed of the progress beingmade on any given issue.

2. Keep Yourself Organized. Given theoverload of electronic communication,it is good to have a system of commu-nication in place to keep you organ-ized. Such a system may include hav-ing separate email folders for eachclient that you are working with.Another way would be to, at the endof a work day, email yourself themajor documents so that you have

ready access to such documents. Yetanother way could be to use one emailchain for a certain topic or issue, anduse that email chain to go back andforth with the client until the issue hasreached its logical conclusion.

3. Keep the Client Organized andInvolved. In cross-border transac-tions, quite often the client will relyon you to engage with local counseland other experts and distil theadvice received in a manner that ismost useful to the client. By involv-ing the client in such conversationsas necessary (see “UnderstandExpectations. And Deliver.” above),you can help the client remainfocused on the most relevant issues.

4. Respond Methodically RatherThan Merely Quickly. While youmay have the urge to respond to anemail quickly, consider if it isadding to information overload forthe client and therefore not beinghelpful. It may be more helpful forthe client to receive a thoughtful andcomplete response that takes sometime to put together rather than anincomplete but quick response.

Anshu S. K. Pasricha, Esq. is an associ-ate at the international law firm White &Case LLP, where his practice focuses oncross-border M&A transactions and proj-ect finance. The views expressed aboveare the author’s personal views and donot necessarily reflect the views of White& Case LLP.

Corporate Clients(Continued From Page 1)

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effective communication (and effectiverepresentation).

Be niceManaging expectations is one thing.Being nasty is another. When a clientwants relief that the law won’t provide,break the news gently. A tip I’ve pickedup: rather than saying “That’s against thelaw,” which can cause a vulnerable layclient to feel foolish and respond aggres-sively, I say, “What you’re asking formay follow the law in some jurisdictions,but it does not follow the law in NewYork State.” Attribute the gap betweenwhat your client wants and what she canactually get to the law, not to your client’sunreasonableness or lack of expertise.Be crystal clear about billingEstimate in advance how much time youwill need to spend on big tasks, andcommunicate those estimates to yourclient suasponte. Put yourself in yourlay client’s shoes and try to anticipatewhen a charge might surprise her, andinform her in advance that she will incurthe charge.Your client may not ask forthese warnings, but trust me that shewill appreciate them (especially whenwriting a check to cover your fees).Discussing bills with clients is skillworth cultivating. These discussions areanything but a waste of your time.Honest discussions about billing engen-der client good will; both the attorney-client relationship and your advocacywill benefit.

Define your termsLawyers forget that many lay clients,even sophisticated ones, are not familiar

with legal terminology. Define importantterms for your clients. In my practice, Iexplain to clients the meaning of termslike “pendente lite,” “Child SupportStandards Act,” and “uncontesteddivorce” (hint: you can fight and stillhave an uncontested divorce!). A lessconfused client is a happier client who ismore receptive to honest communication.

Explain the concept of a cost-benefitanalysisThe cost-benefit analysis, so familiar tolawyers, is foreign to many lay clients.Introduce your client to the term “cost-benefit analysis” and refer to the termexplicitly, by name, throughout yourattorney-client relationship. When layclients hear the term for the first time,they may believe it simply involvesmoney. Disabuse them of this mispercep-tion. Explain that, in the context of alegal dispute, cost-benefit analyses

involve weighing competing interests,monetary or not. For example, I mighttell a client, “You must do a cost-benefitanalysis. Is it worth litigating your ex-husband’s demand that your daughtertake gymnastics lessons twice a weekinstead of four times?” (Sometimes theclient’s answer is yes!) Of course, it isour job as lawyers to be brave, and toencourage timid or fearful clients toallow us to advocate zealously for them.We should not avoid legal interventionsimply because our client is frightened orweary. At the same time, using the lan-guage of cost-benefit analyses can helpclients think about their cases in morerealistic ways.

Justine Borer, Esq., a NYCLA andMatrimonial Law Section member, is afamily and matrimonial lawyer and medi-ator in private practice in New York City.

Lay Clients(Continued From Page 1)

What I would add is that when gatheringadvice from mentors, advisors, col-leagues, family members, or anyone,take a minute to filter the advice throughyour own judgment and perform yourown gut check. At the end of the daythere is only you left holding the bag.You can expect to make mistakes alongthe way, but becoming a great solomeans overcoming the fear of makingmistakes and accepting what it means tobe the boss.

I’ve ended up getting a lot more out ofthis venture than I bargained for. I havedeveloped professional skills that are

transferrable to any line of work.Becoming a solo really means becom-ing a leader. I have also built what Ithink is only the beginning of a strongnetwork of amazing professionals, peo-ple I may have never met (and wouldregret not meeting) had I not taken onthis challenge. Our industry is extreme-ly collegiate and there is no shortage ofattorneys who are happy to mentor pro-tégés ready to take similar risks. If youare considering going solo, I encourageyou to expand your network, preparefor the good and the bad and don’t getdiscouraged when the beauty is hidingbehind the beast.

Paige Zandri, Esq. is a matrimonialattorney in midtown Manhattan and isCo-Chair of the NYCLA Solo and SmallFirm Committee.

Flying Solo(Continued From Page 2)

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