ABA House of Delegates Challenges Old Ways
Legal Topics | 2008/02/28 00:50
In the midst of pitched primary battles and the looming 2008 election,  the American Bar Association House of Delegates challenged the traditional way states handle congressional and legislative redistricting, calling for a new process further removed from the politically charged atmosphere of state legislatures. In a vote by its policy-making body, the ABA urged each state to assign the process to an independent commission, leaving it to the states to configure the commissions and set suitable redistricting criteria.

“The ABA is continually identifying areas where current legal systems are not working, and suggesting sensible approaches for fixing them,” said ABA President William H. Neukom. “The new policy on redistricting reform is an example of the association’s dedication to the rule of law and its efforts to serve the American public.”

The resolution was one of nearly 30 new policy measures passed by the ABA House of Delegates, including two high-profile proposals relating to legal education and admission to the bar.

The House of Delegates concurred with the ABA’s legal education arm in adopting an interpretation of the Standards for Approval of Law Schools concerning law schools’ bar passage rates. The result of more than a year of debate and revision by the Council of the Section of Legal Education and Admissions to the Bar, the interpretation is designed to clarify the various standards by which law schools can comply with ABA standards for minimum bar passage rates.

Additionally, the House adopted a model rule on conditional admission to practice law that offers guidance on bar admission for law students with substance abuse problems or mental illness.  Such students are encouraged to seek proper treatment without fear that it will end their legal careers.

The ABA also spoke out forcefully on the continuing unrest in Pakistan, where many lawyers and judges remain under house arrest. A House resolution expressed solidarity with the Pakistani bar and bench, calling on the president of Pakistan to restore the country’s constitution, reinstate fired judges and justices, and release those wrongly arrested during the state of emergency.

“The constitution which Pervez Musharraf propped up in late December has been stripped of essential provisions, many judges remain under house arrest and protesters remain in jail,” said Neukom. “Without the rule of law, Pakistan is destabilized, more vulnerable to terrorism, and its economy is suffering.  Under these conditions, we are concerned about whether free and fair elections are possible.”

The ABA also established new policy outlining legal approaches to the problem of climate change and environmental threats. The ABA will urge the U.S. government to take a leadership role in addressing climate change, and press federal, state and local governments to better protect and enhance ecosystems when approving new laws, regulations and policies.

Other proposals passed by the House call for strengthened legal representation on behalf of veterans of the U.S. military, special prosecution units to pursue crimes of elder abuse and new efforts by bar associations to assist identity theft victims.

The ABA also addressed cutting-edge areas of the law by endorsing a Model Act that governs assisted reproductive technology, by adopting standards on prosecutorial investigations, and through an amendment to the ABA Model Rules of Professional Conduct. The latter amendment clarifies a prosecutor’s obligation to act on new evidence that makes it reasonably likely that a convicted defendant did not commit the offense for which he was convicted.

Following the action at the Midyear Meeting, watch videos of prominent speakers and events, hear views of members attending and more at the Midyear Meeting Online Web site at http://www.abavideonews.org/ABA496/.

With more than 413,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.


Advanced Negotiation & Dispute Resolution Seminar
Legal Business | 2008/02/27 21:46
Sponsored by: The Institute of Continuing Legal Education

Cosponsored by: The Alternative DisputeResolution Section of the State Bar of Michigan and the State CourtAdministrative Office, Office of Dispute Resolution

Don't miss the biggest andmost diverse "Must Attend" ADR education, networking, andskill-building event of the year. This award-winning program bringstogether mediators and ADR providers as well as judges and litigatorsfor skill-building, sharing new techniques, exchanging information,networking, and changing the climate in Michigan for ADR.

Thisyear, we're joined by an internationally renowned mediator, mediationtrainer, university professor, and best-selling author MichelleLeBaron, University of British Columbia, Vancouver. Respected,sought-after, and highly regarded by her peers, Professor LeBaron willbe presenting throughout the day. With four tracks, ANDRI offersexciting programs for every segment of the ADR community. OurNegotiation Track offers programming to improve your settlementresults; our Mediation Track offers programming to enhance your skillsand add new techniques to your toolbox; the Arbitration Track will helpyou become a well rounded ADR service provider; and our DomesticRelations Track will provide information, skill-building and trainingfor anyone wanting to focus on the family law side of their work. Mixand match tracks or stay in one all day. You choose. Tailor ANDRI tosuit your individual needs and interests.

Don't miss the returnof the Moosewood case! Compare the caucus techniques and approach ofJon Muth with the plenary techniques and approach of Zena Zumeta. Watchthem each separately mediate the Moosewood dispute but this time the"only" issue is money! If you enjoyed this segment last year, you'lllove it this year!

Speakers
Richard L. Braun, II
Barbara A. Johannessen
Anne Smiley, MA
Carl H. von Ende
8:30 AM - 8:45 AM    

Welcome, Introduction of Moderators, and Update of ADR Section Activities
   

Richard L. Braun, II
Grosse Pointe Park

8:45 AM - 9:05 AM    

Court Filing Trends and ADR Update
   

Douglas A. Van Epps
Director
Office of Dispute Resolution, State Court Administrative Office; Lansing

9:05 AM - 9:55 AM    

KEYNOTE PRESENTATION: Intuition Pearls & Perils - Is Intuition a Resource for Resolving Conflict?
   

   * exploring working definitions of intuition
   * ways of experiencing intuition
   * a decision-making process for discernment
   * advantages and traps of intuition for dispute resolvers

L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC

10:00 AM - 11:00 AM    

Negotiation Track: Negotiating with Your Own Client
   

   * dealing with client expectations
   * evaluating the matter
   * establishing a range with the client
   * tips
   * perils

Kathleen L. Bogas
Eisenberg & Bogas PC; Bloomfield Hills

10:00 AM - 11:00 AM    

Mediation Track: Intuition Workshop for General Civil Mediators
   

   * personal and cultural differences
   * intuition and conflict: reconciling differences
   * intuition and creative problem solving

L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC

10:00 AM - 11:00 AM    

Arbitration Track: State of the Law in ADR
   

Mary A. Bedikian
MSU College of Law; East Lansing

10:00 AM - 11:00 AM    

Domestic Relations Track: Caucus Strategies for Mediators and Advocates in Domestic Relations Disputes: "Now That We're Alone"
   

Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor

Barbara L. Watry
Barbara L Watry Attorney at Law; Dearborn

11:15 AM - 12:15 PM    

Negotiation Track: Reaching Agreement - A Hands-On Roleplay Exercise
   

Christopher J. Webb, JD
Law & ADR Offices of Christopher J. Webb JD PLC; Farmington Hills

11:15 AM - 12:15 PM    

Mediation Track: Archetypal Lawyer Roles in Mediation - When the Attorney Becomes the Problem
   

   * the inattentive lawyer
   * the lawyer without authority
   * the lawyer who refuses to advise
   * the positional bargainer
   * the lawyer who says "it will never settle"

W. Peter Doren
Sondee Racine & Doren PLC; Traverse City

11:15 AM - 12:15 PM    

Arbitration Track: Med/Arb - A Cautionary Tale: It Ain't As Easy (or Ethical) As It Looks!
   

   * when it arises
   * ethical considerations
   * practical problems
   * consequences
   * examples
   * arb/med

James J. Vlasic
Bodman LLP; Troy

Charles W. Borgsdorf
Hooper Hathaway PC; Ann Arbor

11:15 AM - 12:15 PM    

Domestic Relations Track: Intuition Workshop for Domestic Relations Mediators
   

   * personal and cultural differences
   * intuition and conflict: reconciling differences
   * intuition and creative problem solving

L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC

12:15 PM - 1:45 PM    

Lunch on Premises: Dealing with High Emotions in Mediation - And When They Should Cause Concern!
   

Sharon R. Hobbs, Ph.D.
Abbott Road Center for the Family; East Lansing

1:45 PM - 2:45 PM    

Negotiation Track: Bridging Cultural Conflict - Imagining a Culturally Fluent Future
   

   * defining cultural fluency
   * applying cultural fluency
   * working effectively across differences
   * what to do when differences are not visible

L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC

1:45 PM - 2:45 PM    

Mediation Track: What We're Doing at the Table: Insurance Industry Tells (Almost) All!
   

   * timing
   * protocol and logistics
   * staffing
   * information sharing
   * mediator selection

Michael W. Puerner
Hastings Mutual Insurance Company; Hastings

Judith K. Simonson
Hastings Mutual Insurance Company; Hastings

Michael M. Ellis
Michigan Municipal Risk Management Authority; Livonia

1:45 PM - 2:45 PM    

Arbitration Track: Customizing Private Arbitration (Part One)
   

   * customizing the process
   * maintaining control
   * holding down costs
   * setting rules
   * expedited hearings
   * protecting the award
   * third-party subpoenas
   * non-cooperating attorneys
   * sanctions

Gene J. Esshaki
Abbott Nicholson Quilter Esshaki & Youngblood PC; Detroit

Carl H. von Ende
Miller Canfield Paddock and Stone PLC; Detroit

1:45 PM - 2:45 PM    

Domestic Relations Track: Collaborative Process: Navigating Your Way Through Conflicting Pressures
   

   * staying on track and moving without a judge in charge
   * being an advocate in a collaborative case

Deborah L. Berecz
Deborah L Berecz PLC; St Joseph

2:50 PM - 3:45 PM    

Negotiation Track: The Science of Settlement: 10 Ideas for Negotiators
   

Barry Goldman
Bloomfield Hills

2:50 PM - 3:45 PM    

Mediation Track: Caucus Strategies for Mediators and Advocates in General Civil Disputes: "Now That We're Alone"
   

   * do you have one?
   * options
   * how flexible are you in your negotiating plan?
   * why you will and won't permit clients to take a role in negotiations
   * mediator objectives

Tracy L. Allen
Bodman LLP; Detroit

I. W. Winsten
Honigman Miller Schwartz and Cohn LLP; Detroit

2:50 PM - 3:45 PM    

Arbitration Track: Customizing Private Arbitration (Part Two)
   

Gene J. Esshaki
Abbott Nicholson Quilter Esshaki & Youngblood PC; Detroit

Carl H. von Ende
Miller Canfield Paddock and Stone PLC; Detroit

2:50 PM - 3:45 PM    

Domestic Relations Track: Implications of Domestic Violence in Your Mediation Practice
   

   * MSU survey results
   * DV protocol
   * facing the issue
   * working with PPOs
   * practice tips

Anne Smiley, MA
Mediation Management Services; Lansing

Monika U. Holzer Sacks
Nichols Sacks Slank Sendelbach & Buiteweg PC; Ann Arbor

4:00 PM - 4:45 PM    

Negotiation Track: The Role of Extreme Honesty in Settling Claims: The University of Michigan Medical Center Experience
   

   * establishing personal and institutional credibility
   * understanding the status quo (negotiation by exploitation of litigation system weaknesses)
   * creating a new status quo by shifting the quality of the discussions
   * avoiding litigation without sacrificing principles
   * using mediation techniques to fast forward in avoidance of the courtroom

Richard C. Boothman
Chief Risk Officer
University of Michigan Health System; Ann Arbor

4:00 PM - 4:45 PM    

Mediation Track: AnotherChapter in the Moosewood Saga: When It's "Only" About the Money!Comparative Techniques and Styles in Mediation (Part One)
   

Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor

Jon R. Muth
Miller Johnson; Grand Rapids

Susan J. Butterwick, JD
Ann Arbor,

4:00 PM - 4:45 PM    

Marketing Track: Artful Leadership in Changing Times - Expanding Practice, Engaging Others
   

   * dispute resolvers as leaders
   * approaches to leadership
   * ways of leveraging and framing leadership

L. Michelle LeBaron
Professor of Law, Director, UBC Program on Dispute Resolution
University of British Columbia; Vancouver, BC

4:00 PM - 4:45 PM    

Domestic Relations Track: Mediating Money at the Table
   

   * relationship to parenting time
   * relationship to the marital home
   * strategies - where to start
   * practice tips

Susan E. Paletz
Susan E Paletz & Associates PC; Bingham Farms

4:50 PM - 5:30 PM    

Negotiation Track: Negotiation Ethics - How Much Can You Lie and Still Retain Your Self-Respect?
   

Stuart M. Israel
Martens Ice Klass Legghio & Israel PC; Royal Oak

4:50 PM - 5:30 PM    

Mediation Track: AnotherChapter in the Moosewood Saga: When It's "Only" About the Money!Comparative Techniques and Styles in Mediation (Part Two)
   

Zena D. Zumeta
Mediation Training & Consultation Institute; Ann Arbor

Jon R. Muth
Miller Johnson; Grand Rapids

Susan J. Butterwick, JD
Ann Arbor,

4:50 PM - 5:30 PM    

Marketing Track: EducatingLawyers and Clients About the Mediation Process - What Every Litigantand Advocate Needs to Know About YOUR Process
   

   * who are you as a mediator?
   * how do you distinguish your process?
   * what can you say to make a difference (and not bore yourself)?
   * tips and practice pointers
   * what can we learn from each other?

Robert E. Lee Wright
Miller Canfield Paddock and Stone PLC; Grand Rapids

4:50 PM - 5:30 PM    

Domestic Relations Track: The Nuts and Bolts of Agreement Drafting
   

Thomas B. Darnton
Darnton Rutzky Dodge & Woloshin; Ann Arbor

Barbara L. Kessler
Kessler Mullkoff & Hooberman; Ann Arbor

5:30 PM - 7:00 PM    

Reception - Sponsored by the ADR Section of the State Bar of Michigan


Brooklyn Bar Assoc. Hosts New Appellate Justices
Legal Business | 2008/02/26 22:51
The Brooklyn legal community will look on with understandable pride on March 19, when the Brooklyn Bar Association, led by President Rose Ann C. Branda, holds a special reception in honor of the newly appointed associate justices of the Appellate Division, Second Department.

Sharing the spotlight when the event gets underway at 5:30 p.m. at 123 Remsen St. will be Associate Justices Ariel E. Belen, Cheryl Chambers and John Leventhal — of Brooklyn — and Randall T. Eng of Queens.

Serving as co-sponsors are the Asian American Bar Association of New York, the Brooklyn Women’s Bar Association, the Hispanic National Bar Association, the Metropolitan Black Bar Association and the Puerto Rican Bar Association.

While there is no charge for the event, due to the “generosity of the co-sponsoring associations,” BBA Executive Director Avery Eli Okin strongly advises that those planning to attend RSVP by mail, call (718) 624-0657 ext. 213 or e-mail him at aokin@brooklynbar.org no later than Friday, March 14.

* * *

Inn President Finkelstein Seeks ‘Newer’ Lawyers
Now in its seventh successful year, the Nathan R. Sobel Kings County American Inn of Court has acquired a reputation for enhancing the quality of legal education and raising the positive profile of the profession. And now Inn officers, led by President Steve Finkelstein, want to do more.

Well-placed sources within the Inn — which continues a tradition established 800 years ago by English Inns of Court — have sent out word that the organization is about to embark on a program calculated to bring in lawyers who are newer to the practice of the law.

One report indicates the Inn may be establishing guidelines with “enhancements which would give special consideration to lawyers who have been admitted for fewer than five years.” This initiative is “in the works” and those interested — especially newer barristers — should contact President Finkelstein and his officers: President Elect Justice Neil Jon Firetog, Counselor Helene Blank, Treasurer Justice Gerard Rosenberg, Secretary Rosario Marquis D’Apice.

* * *
Many of us, especially Baby Boomers and beyond, have deep doubts about the security of the Internet. When our computer demands we supply “Social Security Number,” “Date And Place of Birth” or “Spouse’s Birth Date,” for instance, we invariably hesitate to share this information whether buying airline tickets or paying a magazine subscription bill on-line.

Some of us are fortunate to have children or nieces or nephews who are skilled in these modern cyberspace marvels. And we call on them with shameless regularity. But few parents have the advantage enjoyed by Kings Justice Martin Schneier and wife Rebecca — when they want to know about cutting-edge maximum security for any possible computer entry decisions, all they have to do is call their son, Bruce Schneier. Any concerns they have will be immediately and expertly allayed.

Who is Bruce Schneier? I first learned of his lofty ranking in his field while reading “The Da Vinci Code” a few years back and came across this paragraph: “Da Vinci had been a cryptography pioneer, Sophie knew, although he was seldom given credit. Sophie’s university instructors, while presenting computer encryption methods for securing data, praised modern cryptologists like Zimmerman and Schneier but failed to mention that it was Leonardo who had invented one of the first rudimentary forms of public key encryption centuries ago.”

Aware that the Schneiers had a son who had written articles and books about computers, the Da Vinci book comment ultimately sent us to Google and Wikipedia for Bruce Schneier. The results of the easy search are impressive, to say the least.

At 44, he is now a world-renowned author, regularly appears on National Public Radio to explain his complex area of expertise and is best known perhaps for “Applied Cryptography,” described as a “popular reference work for cryptography.”

He first gained prominence with his 2000 book “Secrets and Lies: Digital Security in a Networked World.” Schneier isn’t afraid of controversy in search of the truth and rocked his technical world when, according to Wikipedia, he denounced his “early success as a naive, mathematical and ivory tower view of what is inherently a people problem.”

In “Applied Cryptography,” he implies that correctly implemented algorithms and technology promise safety and secrecy, and that following security protocol ensures security, regardless of the behavior of others,” according to Wikipedia. While some of this may seem highly academic and theoretical, the same can be said of so much of the discussion swirling around the use and abuse of computer security.

And when NPR and various government agencies have questions on the topic, they don’t hesitate to consult the work of Bruce Schneier which is updated in a new book with Neils Ferguson entitled “Practical Cryptography.”

On the more mundane side, author Schneier and his wife, Karen Cooper, write restaurant reviews for the Minneapolis Star Tribune and other papers in Minnesota where they live. You should also know that Justice Schneier, who just happens to have an entire shelf of his son’s books in his 360 Court St. chambers, and his wife Rebecca, are understandably equally proud of their daughter Arlene Katz, a John Jay College graduate who is likely on her way to a distinguished career in the legal profession.

* * *

RFLA To Hear From Expert On ‘Putin Era’ in Russia
Arthur Gerwin, president of the Respect for Law Association, let it be known that he is particularly “pleased” that international affairs expert Paul M. Joyal will be the guest when the RFLA holds its March 20 Speakers Breakfast at 7:30 a.m. at Mutual of America headquarters, 320 Park Ave. in Manhattan.

Joyal, vice president and managing director of National Strategies Inc., is, according to Pres. Gerwin, “well-versed in the former Soviet Union, Russia in the Putin era [and post] terrorism and counter-terrorism. This [breakfast session] will be a must for all concerned with the mounting sensitivities between Putin’s Russia and the U.S.A.,” writes Gerwin, a retired brigadier general and founder of the RFLA.

Joyal earlier served as a federal law enforcement officer and as director for the U.S. Senate Select Committee on Intelligence from 1980 to 1989. In 1998, he represented the Georgian government — which is often at odds with the Putin Administration — before the U.S. Congress as its first lobbyist in this country.

He also served as advisor of the Georgian Parliament’s Security and Defense Committee and is clearly in a position to impart some interesting insights on the “Putin Era” when he appears before the RFLA on March 20.

PRO BONO BARRISTER is a weekly column dedicated to telling about the good that lawyers do. Send your comments or suggestions to this writer care of this newspaper or to COTEYESQ@aol.com.

Notice: Readers seeking legal representation on a Pro Bono Publico basis should not contact this columnist. Rather, they should seek out the Brooklyn Bar Association Volunteer Lawyers Project at (718) 624-3894.


Bar association moving to first permanent location
Headline Legal News | 2008/02/23 03:25

The Hillsborough County Bar Association will hold a grand opening for its new offices on Feb. 27.

The Chester H. Ferguson Law Center, a 17,000-square-foot facility located at 1610 N. Tampa St. and adjacent to Stetson University's College of Law in Tampa, is will be the bar association's first permanent location. It will contain administrative offices for the bar association and the Hillsborough County Bar Foundation, meeting rooms for continuing legal education programs, a lounge, mediation rooms and a ballroom.

Founded in 1896, the Hillsborough County Bar Association has more than 3,700 members and is the largest voluntary bar association in the Florida.



Virginia Bar president considers attorney trust audits
Headline Legal News | 2008/02/22 05:04
The president of the Virginia State Bar is proposing random audits of lawyer trust accounts.

Lawyers use trust accounts to temporarily hold real estate proceeds or retainers until they are disbursed to a third party or -- once a fee is earned -- to the lawyer.

It is a severe violation of professional conduct for a lawyer to mingle trust account money with personal funds or operating money.

But it does happen.

According to the state bar, a Virginia Beach attorney had his license revoked after he wrote 72 checks that he couldn't cover from 2002 to 2005. The checks totaled $3.3 million.

Bar president and Norfolk lawyer Howard Martin Junior says will make the audit proposal to the bar's executive committee next month. The American Bar Association recommends that every state conduct random audits to protect the public.



Drexel Law Gets Provisional Accreditation
Headline Legal News | 2008/02/21 03:12
Drexel University's new law school has received its much-awaited provisional accreditation, an important step toward providing its first students with usable legal degrees.

The university announced the provisional accreditation from the American Bar Association yesterday. It will allow graduating students to take the bar exam and, upon passing the test, practice professionally. Final accreditation will take at least two more years.

"To reach this milestone less than 18 months after welcoming our first law students to Drexel is remarkable and a testament to the vision and commitment of our Board of Trustees and the hard work and passion of the faculty and staff of the College of Law and its founding dean, Roger Dennis," Drexel President Constantine Papadakis said in a statement. "Drexel Law has gathered some of the most talented, innovative law faculty, practicing professionals and students anywhere, and it shows in every initiative."

In a city already boasting a healthy number of law schools, Drexel broke onto the scene in 2006. It was the first new law school in the region more than 30 years.

The law school's first class of 180 was drawn from a pool of more than 1,700 applicants and will graduate in 2009. And this year students are enjoying the school's new $19 million home on Market Street.


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