WWBA March 2019 Newsletter

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Women of my generation thought that we had forged the way for younger women in the workplace, but it is evident from the #MeToo movement that we did not have as much of an impact as we hoped. Don’t be discouraged by overt or covert discrimination; don’t accept it and don’t be a bystander if you witness improper conduct. Develop relationships within your professional network and seek mentors. There is a fine line between advocating for yourself and coming off like you are entitled; tread carefully and seek advice before presenting a grievance. Like everything else, our attitudes often affect the outcome, so try to remain confident and positive. If you chose to have children, then make sure that you lead by example: encourage your children to be open and accepting of others; make sure that they understand the responsibility of the right to vote; and encourage them to be active citizens. Finally, consistent with my commitment to public service “When I announced that I was pregnant with my first child in 1988, the next week my office space was reassigned to another AUSA and I was moved into the hallway – my supervisor assumed that I would quit. There was no maternity leave policy in place, and ultimately I was permitted to take leave without pay for six weeks.” I urge young women to consider careers in public service. Although you won’t make the highest salary in the profession, you will receive more handson experience at an earlier age than in the private sector and you will be part of the larger effort to do good. Q: Please tell us about your community activities. A: I serve on the Board of the League of Women Voters of Scarsdale, I am the third woman President in the 94 years of the Scarsdale Rotary Club and I am a Director of Lakota Children’s Enrichment (LCE), a nonprofit which amplifies the voices of America’s most at risk youth on the Pine Ridge Indian Reservation in South Dakota. For several years I volunteered as the Program Director for LCE and spent months of each year in South Dakota. The last two years, I helped in the organization of TEDxYouth@DinosaurPark, an independently organized TED event which engages American Indian and Non-Native youth in Rapid City, SD. I remain an active member of my local church and have served on boards and committees throughout the decades. Finally, I am a frequent speaker at local civic and community clubs and other events. Q: How have you balanced your legal career with the rest of your life? A: When I announced that I was pregnant with my first child in 1988, the next week my office space was reassigned to another AUSA and I was moved into the hallway – my supervisor assumed that I would quit. There was no maternity leave policy in place, and ultimately I was permitted to take leave without pay for six weeks. Over the next few years, the Office experienced a baby boom and developed familyfriendly policies. In 1990, I proposed a work schedule which allowed me to take Fridays off without pay - if my schedule permitted, a schedule the office honored until my departure in 2013. My work schedule was crazy and I had three small children at home – one with very significant special needs. Due to my trial schedule, there were months when I did not have a day or weekend off, I worked 16-18 hour days, missed holidays and one year a family vacation was cancelled due to a trial which took weeks longer than expected. My husband and I tried to make dependable child care a priority, although we were not always completely successful. My husband covered at home on evenings and weekends during the periods when I was unavailable. Because his job often involved international travel, he scheduled trips around my anticipated trial schedule, and I covered at home while he was away. Juggling work and children and finding time for other activities was challenging but not impossible. It took the help of family, friends and neighbors to get through some of the rougher periods; yes, it took a village. When my children complained that I was not home for dinner nor meeting them for lunch like other parents, I explained that my job was not about making money and at the end of each and every day the world was a pinch of a better place because of the work that I was doing. My children frequently visited the Federal Courthouse in White Plains – they sat in the back of the courtroom and watched my hearings and trials. Today, my adult children are proud rather than resentful about my periods of extended absences and I am proud to say that for them, too, service and civic engagement are priorities. ◗ Page 6 Westchester Women’s Bar Association News
<strong>March</strong> Litigation Tip ✦ TOPIC: 22 NYCRR1400.2 – STATEMENT OF CLIENT’S RIGHTS AND RESPONSIBILITIES Rule 22 NYCRR 1400.2 has been amended to include that attorneys in domestic relations matters must provide prospective clients with a statement of client’s rights and responsibilities at the initial attorney conference and prior to the signing of a written retainer agreement. The amended rule specifically addresses disclosure of pertinent areas of law regarding financial matters including the Child Support Standards Act and the Maintenance Guideline Statute. Further, attorneys must obtain a signed acknowledgement of receipt of the statement which is to be signed by the attorney, client and dated. The new amended rule became effective on February 15, <strong>2019</strong>. Attorneys should review the new amended rule in its entirety prior to drafting a client rights and responsibility statement in order to ensure compliance with the Appellate Division rules. There are separate provisions applicable to representation without fee. Here are some of the amended rule statement requirements in representation with fee cases: Your attorney is providing you with this document to inform you of what you, as a client, are entitled to by law or by custom. To help prevent any misunderstanding between you and your attorney please read this document carefully. If you ever have any questions about these rights, or about the way your case is being handled once you retain the attorney, you are responsible to ask your attorney. Your attorney should be readily available to represent your best interests and to keep you informed about your case. You are responsible to communicate honestly, civilly and respectfully with your attorney. If you are hiring an attorney you and your attorney are required to sign a written retainer agreement which must set forth, in plain language, the nature of the relationship and the details of the fee arrangement. Before you sign the retainer agreement, you are responsible to read it and ask the attorney any questions you have before you sign it. The retainer fee you pay to the attorney, as is written in the retainer agreement, may not be enough money to pay for all the time that the attorney works on your case. If you engage in conduct which is found to be frivolous or meant to intentionally delay the case, you could be fined or sanctioned and/or responsible for additional fees. Attorneys and clients must make reasonable efforts to maintain open communication during business hours throughout the representation. An attorney may seek to be relieved as your attorney if you are not honest and truthful with her or him. Your attorney is required to discuss the following with you: a) the automatic orders that are in effect once either party files a summons with notice; b) the law the provides for the financial support of the children, the Child Support Standards Act, if you and the other party have children under the age of twenty-one; and c) the law that provides for the financial support of the parties, the Maintenance Guidelines Statute. Written by Angela Morcone Giannini, Co-Chair, Litigation Committee Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan Westchester Women’s Bar Association News Page 7
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WWBA March 2019 Newsletter

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