WWBA May 2017 Newsletter

More documents

Recommendations

Info

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ A DISCUSSION ON DIVERSITY AND INCLUSION: WWBA Pesents Women’s History Month Program Featuring NYSBA President Claire Gutekunst Diversity Program ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Stephanie Melowsky and Jacqueline Hattar Claire Gutekunst, the president of the New York State Bar Association (NYSBA), was the guest speaker at a lecture on “A Discussion on Diversity and Inclusion” that was held on March 28, 2017 at Wilson Elser’s office in White Plains. The program, held in celebration of Women’s History Month, was presented by the WWBA’s Diversity and Litigation Committees and the Ninth Judicial District’s Committee on Gender Fairness in the Courts, and was supported by Wilson Elser. The program, which was very-well attended, is part of the WWBA’s Continuing Lecture Series on Diversity in the Legal Profession. The authors were proud to serve as panelists at this program. Ms. Gutekunst, whose achievements are truly impressive, has been active in the State Bar for approximately 30 years. She has served as the NYSBA’s treasurer from 2011 to 2013 and is currently a member of the Commercial and Federal Litigation Section’s Executive Committee, the Legislative Policy Committee and the Membership Committee. She previously served on the Executive Committee as vice president for the First Judicial District and as a member-atlarge. Ms. Gutekunst chaired the Membership Committee, Committee on Women in the Law and Strategic Planning Advisory Committee. She was vice chair of the Dispute Resolution Section and cochaired the President’s Committee on Access to Justice. She also was a longtime member of the Committee on Diversity and Inclusion. She previously worked for approximately 30 years at Proskauer Rose, first as an associate and then as a partner. After leaving Proskauer Rose in 2012, Ms. Gutekunst established her own practice and is currently an independent arbitrator and mediator. During the March 28th lecture, Ms. Gutekunst discussed her journey through the NYSBA and the various diversity and inclusion initia- continued on page 6 ➥ A Leader in Serving the Legal Services Community. That’s Sterling. Expect the highest caliber of personal service and banking expertise. Expect extraordinary. Contact banking professionals experienced in serving your unique needs 914-367-9000: Michael Henderson, Senior Managing Director Larry McElroen, Managing Director Anthony Forgione, Managing Director Moira Kiernan, Managing Director To learn about Sterling’s full suite of services, visit snb.com Stephanie Melowsky, Claire Gutekunst, Jaqueline Hattar Page 4 Member FDIC Westchester Women’s Bar Association News
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ WWBA’S FOURTH GENERAL MEMBERSHIP MEETING A Conversation with the Federal Judges in White Plains Kim Berg Members of the WWBA and the Federal Bar Association were privileged to attend “A Conversation with the Federal Judges in White Plain”" on April 4, 2017 at the lovely LaBocca restaurant in White Plains. This was the WWBA’s fourth and final General Membership Meeting this year. The Honorable Nelson S. Roman, United States District Judge, and Honorable Lisa M. Smith, United States Magistrate Judge, candidly answered questions posed by moderator Donna Frosco. The topics covered procedural and substantive content for all facets of federal court litigation, from pleadings to discovery and through trial. Topics included: ❑ attorney preparedness and the importance of having a good, working knowledge about matters on which they appear in court; ❑ resolution of discovery disputes and the Court’s rules governing expeditious resolution of disputes by the Magistrate Judges; ❑ motion practice, including effective strategies for making or defending motions, pit- Hon. Lisa Margaret Smith, Hon. Nelson S. Roman, Donna Frosco falls to avoid when writing memoranda of law, and the importance of citations, both to the record for support of any factual assertions and to statutes and case law for legal arguments; ❑ the critical importance of laying a proper foundation for the admission of evidence at a trial and how failure to do so could result in the exclusion of evidence; and ❑ strategies used in mediating/settling ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ claims. The practical tips provided from the esteemed panel of Judges provided practitioners with excellent guidance on how to approach all phases of litigation and stressed the importance of narrowing the issues before the court. Judge Roman and Judge Smith also both aptly focused on maintaining a high standard of professionalism in what is usually an adversarial setting – not only when appearing before the Court but also toward colleagues, clients, and courthouse staff. In sum, maintaining one’s credibility, not only in presenting an accurate version of the “facts” and the “law” with supporting cites to the record and case law, but also pointing out that the manner in which you interact with judges, their staff, attorneys, and litigants can also impact your credibility. Those WWBA members in attendance also voted to accept the amended by laws and the slate of officers and directors for WBASNY and the Westchester Chapter for 2017-2018 (see page 10). ◗ Matrimonial Committee Presents CLE on Counsel Fees Dolores Gebhardt My much-anticipated CLE program, “Whatever Happened to Prichep: Counsel Fees in Matrimonial Actions and in Family Court” was held on March 22, 2017 at Sterling National Bank in Tuckahoe. I was very grateful to have as my fellow panelists Hon. Linda Christopher, J.S.C., Supervising Judge of the Matrimonial Part, and Hon. Sherri Eisenpress, J.F.C., Acting Supreme Court Justice in Rockland County. The name Prichep refers to a landmark 2008 Appellate Division, Second Department decision on interim counsel fees written by former Presiding Judge A. Gail Prudenti. The decision made it considerably easier for the less-monied spouse to get an award of interim counsel fees from the monied spouse in a timely manner. Two years later, in 2010, Domestic Relations Law § 237, which provides for counsel fee awards, was revised to reflect the holding in Prichep – allegedly! One of the goals of this lecture was to demonstrate via an analysis of the language of the statute that the 2010 amendments to DRL § 237 are actually not a codification of Prichep. A second goal was to show how Prichep and the 2010 amendments solved a significant problem for practitioners – interim fee awards are now largely made right away, rather than deferred to trial. However, neither the case nor the revised statute help matrimonial attorneys with our other problem: the fees awarded are usually less – sometimes far less – than the amount requested. My third goal was to show how both Prichep and the 2010 amendments have been eroded by several recent decisions. Also featured were: the different analysis the Courts use for determining requests for final counsel fees; methods of getting paid from one’s own client; and how to get counsel fees in enforcement cases, modification cases, Family Court cases, and on appeal. I explained the difference between seeking a counsel fee award pursuant to DRL § 237 and pursuant to 22 NYCRR § 130-1.1 (the “sanctions” rule). Justices Christopher and Eisenpress explained what they are looking for in a fee application, as well as their rationale for determining the amount to award. The Justices and I led a spirited discussion with the audience, which consisted of many of the field’s prominent practitioners, as well as matrimonial judges and law secretaries. It was a great evening, and we all learned useful information. I extend my grateful thanks to the Justices, to our host, Sterling National Bank, and to our sponsor, Family Law Software. ◗ Westchester Women’s Bar Association News Page 5
Page 1 and 2: Westchester Women’s Bar Associati
Page 3: ○ ○ ○ ○ ○ ○ ○ ○ ○
Page 7 and 8: ○ ○ ○ ○ ○ ○ ○ ○ ○
Page 9 and 10: ○ ○ ○ ○ ○ ○ ○ ○ ○
Page 11 and 12: Westchester Women’s Bar Associati

WWBA May 2017 Newsletter

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?