Perspective - New York State Bar Association

In this, mylast Chair’s col-umn, I would liketo thank every-one for theirefforts and sup-port during thepast year. YourSection operateswith a truly fineExecutive Com-mittee and Staff Liaison, Terry Scheid.We are all looking forward to anothersuccessful year with David Miranda atthe helm, who will become the newChair in June.

There are several articles in thisnewsletter about making transitions—transitioning from practicing in NewYork City to upstate; transitioningfrom private practice to government;and transitioning from private practiceto a corporation. My most recent tran-sition was from working full-time toworking part-time and becoming amother. For those of you who are con-sidering a switch, I’ll offer my adviceon this transition. While I made achoice to not work full-time, I thinkthe following suggestions will applyequally to attorneys/parents at homeor working full-time.

Decide what you really want andgo for it—There are a lot of factors totake into consideration when you

are listed at a helpful Web site called“The Job Page” (<http://accessamerica.gov.docs/thejobpage>).

In New York State there are con-centrations of government law jobsavailable in Albany, the state capital,and in New York City due to thegreat amount of state governmentactivity there. However, there are

(Continued on page 12)

Perspective

A Message fromthe Section Chair

A publication of the Young Lawyers Sectionof the New York State Bar Association

SPRING 2002NYSBA

This articleaddresses twofundamentalquestions aboutworking as agovernmentlawyer: (1) Howcan you get sucha job? and (2)What do govern-ment lawyersdo?

This article does not describeevery position that technically quali-fies as employment as an attorney instate government. For example, judi-cial clerkships and counsel positionsin the legislature are not covered.Rather, this article describes posi-tions available in New York State’sexecutive branch of government.

New York State’s hiring processand government lawyer positionsare similar in many ways to the hir-ing process and positions in otherstates’ agencies and federal agencies.At the state level, states’ civil servicedepartments have a wealth of infor-mation regarding their state’s gov-ernment law jobs and how to getthem. The federal government doesnot have a civil service department;however, federal job opportunities

Do You Want to Be aGovernment Lawyer?By Richard A. Reed

InsideFrom the Editor’s Desk 3SOUND OFF! 4Moving Outside the “Box”:A Light-Hearted Look at Life as aLawyer Outside Manhattan 6(Amelia Klein)Flying Solo in New York 8(Steven M. Ratner)Young Lawyers Section Newsand Events 10Bradley P. Kammholz2002 Outstanding Young LawyerAward Recipient 13On the Inside Looking Out 14(Katherine M. Sheehan)TECHNOTALKJudicial Review of Domain NameArbitration Decisions 16(David P. Miranda)


2 NYSBA Perspective | Spring 2002

Orders are being accepted for the 5th Edition of the Senior Citizens Handbook, producedby the New York State Bar Association Young Lawyers Section (YLS). The publicationprice is $10.00/copy, but members of the Young Lawyers Section will receive a 20% dis-count, making the price of your copy $8.00.

To order the Senior Citizens Handbook, please fill out the order form and return it to the address listed below. Telephone requests will not be accepted. Thank you.

Order FormNYSBA Member ID (must be included to receive discount)

Name

Address

City State Zip

Quantity Description Unit Price Subtotal

Senior Citizens Handbook $10.00/copy

8% Sales Tax

TOTAL AMT. DUE

Mail to: Senior Citizens Handbook, NYSBA, One Elk Street, Albany, N.Y. 12207

NYSBASenior Citizens Handbook

Young Lawyers SectionFifth Edition

A Guide to Programs and Laws Affecting Older New Yorkers

The Expanded 5th Editionof the

Senior Citizens Handbook is Available

Order Your CopyToday!

Discounted for YLS Members!

$8.00

NYSBA Perspective | Spring 2002 3

Welcometo the Spring2002 issue ofPerspective. Ithink youwill find thearticles inthis issuefairly repre-sent thediverse view-points andvocations of our members. I was for-tunate to obtain several excellentarticles discussing the often difficultdecision of changing jobs and thepros and cons that go along it. Fromreading the recent SOUND OFF!responses (see page 4), one gets thefeeling that many young lawyers arefacing difficulties adjusting to theirpositions and hopefully these articleswill offer insightful guidance.

For the next SOUND OFF! topic,we’re asking members to voice theiropinions on state Bar activities. Youare encouraged to discuss your expe-riences, positive or negative, and tosuggest avenues for change. YoungLawyers Section activities certainlyfall within this group. Personally,I’ve found involvement in the YLS tobe highly beneficial. When I firstjoined the YLS over five years ago, Ihad little concept of the opportuni-ties available. As many membersexpressed in SOUND OFF!, I recallvarious times after I was first admit-ted when I felt on the outside look-ing into the profession of law. It washard for me to envision myself meet-

ing and discussing topics with thelikes of NYS Chief Judge JudithKaye, or hearing U.S. Supreme CourtChief Justice Rehnquist state, “Mr.Rizzo, we’ll hear your motion . . .”(during the U.S. Supreme CourtAdmissions Program), or becoming avoting member of the State BarHouse of Delegates. I had no ideawhat the House of Delegates evendid. Nor did I see myself as the edi-tor of a publication going out to over3,000 lawyers and law students. TheYLS is an excellent gateway for suchopportunities, if one is willing to“show up,” and get involved withthe variety of programs offered. TheNews and Events section in thisissue lists many of the YLS projectsand activities and any of the YLSofficers can be contacted for moreinformation.

One recent YLS meeting thatdeserves a special mention tookplace in March 2002, with ChiefJudge Judith Kaye at the Court ofAppeals. Chief Judge Kaye has beena strong advocate of wanting to hearfrom our Section. During our meet-ing, Judge Kaye generously soughtour input on a myriad of topics andencouraged Section members to getinvolved in the various state barcommittees to effect changes in theprofession we will ultimately inherit.

Also, as of June 2002, Barb Samelwill step down as Chair of the Sec-tion and David Miranda—our resi-dent technology guru—will takeover the reins. Barb has done a great

job as Chair this past year and hertireless efforts will serve the Sectionwell for years to come. I must alsothrow in a personal thanks to Barbfor obtaining three of the articlesused in this issue!

You will observe that theSOUND OFF! responses were partic-ularly emotional this time aroundand I thank those who responded.As many comments needed to beedited down to fit into this issue, Ithink a safe guideline is that aresponse should not take any morethan 5-10 minutes to write. Besidesthe suggested SOUND OFF! topic,please feel free to submit any othercomments of interest to our Sectionvia e-mail to: [email protected] also note that the deadline forall submissions (substantive articles,reviews, SOUND OFF! responses,etc.) to the Fall 2002 issue of Perspec-tive is August 15, 2002.

Finally, this issue is dedicated toformer President Clinton’s dog“Buddy” who tragically passedaway after an auto accident in Janu-ary 2002. Readers will recall thatBuddy’s photo graced the pages ofPerspective’s last issue, and it was apleasure to have seen him “in per-son” rummaging around the WhiteHouse lawn back in 1999.

Lex deficere non potest in justitiaexhibenda.

James S. Rizzo

From the Editor’s Desk“Eighty percent of success is showing up.” —Woody Allen

“Great spirits have always found violent opposition from medi-ocrities. The latter cannot understand it when a man does notthoughtlessly submit to hereditary prejudices but honestly andcourageously uses his intelligence.”

—Albert Einstein

“The biggest worry is my $165,000 stu-dent loan debt. I work at a great firm, but Istill live at home because my $1600/month loan payment doesn’t permit me tolive anywhere else.”

* * *

“I am satisfied with my decision to becomea lawyer. However, we are a flock of sheep.We are led to slaughter by the public. Assoon as one attorney injures a client, werace around in circles screaming, ‘MeaCulpa!’ We rush to mandate pro bonowhen the medical field scoffs at anythingremotely resembling voluntary care. Whenthe public screams, ‘Lawyers are likesharks!’, we run to mandate ContinuingLegal Education. We are our own worstenemies. We should stand up to the criti-cism like the professionals we are and stopbeating ourselves over the head every timeone bad apple pops up in the barrel. There. . . now I feel better!”

* * *

“I am very satisfied with my decision tobecome a lawyer. I am a solo practitionerand practice in the area of elder law. Theday I quit my job as a tax associate to openmy practice in New York City was theturning point in my career.”

Steven M. Ratner, Esq.New York City

* * *

“I am making $28,000 a year and I haveover $100,000 worth of loans to pay back.For all intents and purposes, I work to paymy loans and parking—forget lunchmoney. The word ‘satisfaction’ isn’t exact-ly in my vocabulary at this moment.”

* * *

“I was pleased to read that the State Barhas formed a special committee to explorethe issue of law school debt incurred byyoung lawyers. Since I am a young attor-ney saddled with enormous debt which lit-erally affects every personal and profes-sional decision I make, I feel compelled tocomment on this issue.


Firstly, the issue of student law debt mustbe addressed at the federal level. The ruleswith respect to interest rates for federallyguaranteed student loans are ludicrous. Iborrowed a total of approximately$100,000 for college and law school. Mydebt consists of a combination of federalsubsidized and unsubsidized loans, alongwith private loans. When I graduated lawschool and started working, I was earning$27,000 per year. My student loan pay-ments were in excess of $1,000 per month.Since I was unable to afford the payments,I had to defer some of my loans until mysalary increased. During the defermentperiod, the interest was capitalized. As aresult of capitalization of interest, despitethe fact that I have made loan paymentsranging from $550 to $1700 per month(depending on my salary) my debt hasrisen to an astonishing $132,000.

Moreover, law schools do nothing toaddress this issue. In fact, I was encour-aged to borrow money. At 22 years old, Ican assure you I had no concept as I wasagreeing to capitalized interest anddeferred payments what an impact such adebt would have on the rest of my life.There was no counseling or education withregard to the burden of student loan debt.To the contrary, the impact of this debt wasdownplayed by my law school. Certainly,no one explained that I would be payingforty percent of my take-home salarytowards student loan payments five yearsafter graduation, and that it was likelythat I would be paying my loans until mychildren (not yet born) graduate from col-lege.

Finally, I am precluded from being theattorney I went to law school to be. Publicinterest work is out of the question unlessI hit the lottery. The primary focus of mycareer now is to make as much money aspossible so I can pay as much of my loansas possible so that I can one day have acareer that I enjoy.

Because of my debt, I believe that lawschool was a huge mistake. If the govern-ment could foreclose on my law degree(i.e., erase my debt, but take my law

degree) I would seriously consider theoption.”

Jacquelyn Todaro, Esq.

* * *

“2nd year working in NYC, went toNYU. Law school great. Job great. The cityis great. If things were any better I’d bedreaming. It’s like the old song: ‘Thefuture’s so bright, I gotta wear shades.’”

* * *

“I met the challenge of law school and twostate Bars simply to help people. But that’snot the sole focus of an attorney. It’s allabout time. My days are reduced to “0.1”increments and I don’t have enough timeto spend with my family and friends. Mostdays I am not satisfied with being anattorney. It’s rewarding, but exhausting!Starbucks knows me very well.”

Tax Attorney, San Diego, California

* * *

“There is no clear-cut answer. Being alawyer is much different than what I hadthought the practice would be. The amountof responsibility is overwhelming; however,it is every bit as exciting as I imagined. Inshort, I am happy with who I have becomeprofessionally, even if I am not the ‘typical’attorney.”

Buffalo, New YorkGraduate of the University at BuffaloSchool of Law

* * *

“Funny you should ask! I am extremelydisillusioned with the practice of law (andI have only been admitted for 1 year!). Themore attorneys I meet, the more I dislikethem! (I am in the insurance defense busi-ness, maybe that is why). I cannot secure ajob as an associate in another area of lawbecause of the old cliché: Can’t get a jobwithout experience; can’t get experiencewithout a job. Thanks for asking!”

* * *

SOUND OFF!Young Lawyers Respond to the Question:“ARE YOU SATISFIED WITH YOUR DECISION TO BECOME A LAWYER?”



Tired of Long Hours, Law School Debt, or Maybe YouJust Want to Congratulate a Colleague on a RecentAccomplishment?

If So, Then It Is Time for You to . . .

SOUND OFF!Perspective is proud to offer a chance for our Section members to anonymously

express their opinions, complaints and/or other assorted commentary on any numberof subjects affecting young lawyers today. Each issue, a primary topic will be given forreaders to comment on (see below). However, submissions are strongly encouragedon any other recent topic of interest (controversial local, state or federal laws beingconsidered, a new regulation affecting young attorneys, law school/bar exam/lawfirm war stories, an attorney or program you’d like to congratulate or publicize, etc.).Your name, location and/or law school information is encouraged, but will only bepublished if the author requests it. All responses will be published in the next issue ofPerspective.

Sound Off! Would Like Your Response to the Following Question:

DO YOU THINK IT IS BENEFICIAL TO BECOMEACTIVELY INVOLVED IN STATE BAR ASSOCIATION

ACTIVITIES?

WHY? WHY NOT?

Due to format constraints, all comments should be brief (40-60 words maximum,i.e., what can be written in 5-10 minutes) and should be sent to Perspective’s Editor-in-Chief via e-mail at: [email protected]. Perspective reserves the right to editresponses and the right not to publish responses considered inappropriate.

We look forward to hearing from you!

So,you’re sittingin your office,looking out atother officebuildings.You feel likeyou livethere. Youlast saw grasswhen youvisited yourfolks in the ‘burbs. So, you aredreaming about escaping from Man-hattan. Maybe moving upstate. Prac-ticing in a smaller firm, or maybehanging out your own shingle. Get alittle land. Maybe some animals.Grow some organic vegetables.Sounds idyllic, right?

I did it, six years ago. I wasworking in one of the big firms inManhattan, making the big bucks,working the big hours. I cut my tiesto the canyons of Wall Street andmoved to a farm on a mountain out-side of Albany. I went to work at alarge, upstate firm (the size of whichwould be “medium,” at best, inManhattan). So what’s it like?

Breaking Out of the BoxYou have good grades, from a

good law school. You work at aninternationally recognized law firm.Your resume reads like a dream. Sowhat is the biggest obstacle you willface in getting a job upstate? Con-vincing them that you want it. Whyon earth would you move here? Doyou have family, friends, and otherties here? Do you at least ski?

Don’t fly to your interview. Tooostentatious. Take the train or, betteryet, drive. (You do know how to


drive, don’t you?) Practice saying thenames of upstate towns: Rensselaer,Schuylerville, Schenectady, Syracuse.(If you are going to Syracuse, brushup on the Orangemen. If you don’tknow what I am talking about, startstudying.)

Working Outside the BoxYou got the job. The first thing

you notice is the salary. That’s okay,you expected to be paid less thanyou earned in Manhattan. And thecost of living is less upstate, right?Well, housing certainly is cheaper.But your car is going to cost thesame, although insurance is less.Car? You mean you don’t own a car?If you are married, you are going toneed two. Public transportation ispractically nonexistent. Whichmeans you will never find the timeto read The New York Times or TheWall Street Journal ever again. Anddry cleaning . . . don’t get me startedon dry cleaning. More expensive. Butyour New York City clothes will lastyou a good, long time upstate,because the latest fashions have notquite made their way up theThruway yet (my pantsuits madequite a stir when I got here six yearsago). Then you notice that your col-leagues generally brown-bag theirlunches. That’s right, lunch is moreexpensive. Where are all the hot-and-cold salad bars?

Speaking of food, if you are liv-ing on 52 kinds of take-out, all deliv-ered to your door, fuhgettaboutit. Wehave pizza and Chinese food. Butthere’s sushi at the supermarketsnow. And you can find a halfwaydecent bagel, if you look hard.

Another thing you notice is thatthe “fungible associate theory” nolonger applies. You are not one ofdozens of new lawyers. Your newfirm needs YOU. They needed youyesterday. There’s a lot of work to bedone. And you are expected to beable to do it. Right now, without alot of coddling. You’re a lawyer,aren’t you? If you have been practic-ing in a small box (specialty) upuntil your move, you will discover itis much more difficult to concentrateyour practice in a narrow way. Manyupstate lawyers practice in morethan one area of the law. If you are alitigator, you will litigate—all kindsof cases, from traffic matters in towncourt all the way on up to Superfundlitigation. You’ll be taking deposi-tions in no time; you’ll be in courtsooner than you ever dreamed.Responsibility comes much morequickly outside of larger-firm Man-hattan practice. It can be exhilarat-ing. It can be frightening.

The office is very quiet after 5:30p.m. And on weekends. Your bill-able-hour target is 1,800 hours, not2,000 hours plus. Everyone hasanother life. Most of your colleaguesare married, with children. They getto work early (if you are used to a9:30 a.m., or later, start time, buy anew alarm clock). The cleaning staffvacuums the floors at 5 p.m. (creat-ing a Pavlovian response in those ofus from Manhattan firms: we areexhausted and hungry; it’s time togo home). There is no 24-hour word

Moving Outside the “Box”:A Light-Hearted Look at Life as a LawyerOutside ManhattanBy Amelia Klein

“Responsibility comesmuch more quicklyoutside of larger-firmManhattan practice. It canbe exhilarating. It can befrightening.”


processing, no late Fed-Ex pick-up.No car service. Dinner, if you musthave it in the office, will be from avending machine (or the can of soupyou keep in your bottom drawer).Yes, we have computers, and PDAsand cell phones. We just shut themdown, sometimes.

But the lower billable hoursexpectation has its cost. Chances are,you will not be one of several associ-ates working on the mega-monster-monolith merger. The clients are gen-erally smaller. The hours you spendon a project may NOT be just a dropin the bucket, they may be the wholebucket. Consequently, you may notbe able to bill a solid eight hours to asingle issue for a single client in asingle day. The clients are not neces-sarily looking for (or willing to payfor) a memorandum that is worthyof a law review article. You starthearing terms like “realization rate.”You’ve got to get the job done for areasonable price. You’ve got to beefficient.

And then there’s marketing. Youare expected to build your practice,your clientele. Your previous market-ing experience may be limited toghostwriting articles and speechesfor the partners in your firm. You

may find you are getting up to thepodium yourself, very soon. Maybetoo soon, for your comfort. Andattending many luncheons and after-work functions. But at least youwon’t miss the take-out so much.

Existing Outside the BoxYou are anonymous in New York

City. In order to retain some sense ofprivacy on the street, on the subway,in the elevator, and all those othercrowded places you frequent, youbuild an invisible box around your-self. I know I did. I avoided eye con-tact with strangers. I didn’t know thenames of the clerks in the deli, thedry cleaner, the newsstand. And Ididn’t care.

Upstaters generally do not havethis “personal space” box. But I car-ried mine around long after its use-fulness had diminished. After amonth, I realized I still did not knowall of the names of the staff in mynew office. But there weren’t hun-

dreds of them, like at my old firm.There were about 20. And they allthought I was a snob. After threemonths, I realized that the ladybehind the counter at the deli in mysmall town OWNED the deli. Shewas going to be there every day. Idid not know her name. I did notknow that it was her son that madethe only decent pizza I had found inthe area. I had to change. I had tobreak out of my box.

Now I live in “Small-bany.” Aplace where you have neighborswho (gasp!) actually want to get toknow you. Where the person in frontof you at the grocery store is the sis-ter of your colleague’s wife. Whereyou run into people you know at themall. Where someone stops you andsays they saw a speech you gave.Where you invite all of your col-leagues, and their spouses, and theirkids to a barbecue at your house.And do you know what? I love it. Iwouldn’t trade it for anything—noteven a Manhattan big-firm year-endbonus.

Amelia (“Amy”) Klein recentlybroke out of her associate box andbecame a partner at the Albanyoffice of Bond, Schoeneck & King,LLP, where she practices employeebenefits law.

“Yes, we have computers,and PDAs and cell phones.We just shut them down,sometimes.”

Struggling with anETHICS ISSUE?

NYSBA CAN HELP!E-mail: [email protected] fax your question to:518-487-5694.

Haveyou everdreamed ofstarting yourown busi-ness andbeing yourown boss?Are you tiredof spendingday after daybehind yourdesk or in the library working onunrewarding projects? Has thethought ever crossed your mind thatyou are climbing an endless ladderthat is leaning against the wrongwall?

A little over a year ago I quit asecure job as a tax lawyer to start myown practice as an elder law attor-ney. It took me three years to over-come self-doubt and the utter disbe-lief of my family—all of whom wereconvinced that my wife and I wouldgo hungry and be turning to themfor our next meal. One year later, Ican confidently say that going intopractice on my own is the best thingI have done in my life and I look for-ward to many years of a rewardinglegal career.

Starting a successful law practiceis an excruciatingly slow process.Many months may pass from theday you open your doors and startmarketing your firm until the phonestarts ringing. Unless you have astrong belief in yourself and countpatience among your best qualities,it may serve you well to sit tight fora little longer.

My first month in practice wasthe most challenging. I am not goingto repeat here all of the steps youneed to take before opening yourdoors. Jay Foonberg’s book, How toStart and Build a Law Practice (anABA all-time bestseller) would be agood place for you to start. Needless


to say, try to avoid timing yourgrand opening with the next Verizonphone strike.

It stands to reason that in a cityof eight million, there must beenough work to keep you busy andyour family fed. My experience hasproved this to be true. I spent thefirst six months marketing my prac-tice by writing articles for localpapers and the New York Law Journal,teaching classes to the public, joiningvarious bar associations and commit-tees, networking with other profes-sionals, and experimenting withadvertising. By the end of sixmonths, my efforts paid off and Istarted turning a small profit.

Certain types of practices areeasier to start as a solo practitionerthan others. For example, if yourspecialty is international taxation,you may have trouble finding clientsunless you are able to take a book ofbusiness with you. Practices that aretargeted toward individual con-sumers are easier to start from theground up. Some of these practiceareas include personal injury, estateplanning, elder law, bankruptcy, andfamily law.

Many attorneys working at larg-er firms have no experience at bring-ing in work. Before I opened mypractice, I had never brought in evenone single client to the law firms forwhich I had worked. Don’t let thisdiscourage you. With a little hardwork and creativity, you will soonhave your phone ringing. Many of

the marketing opportunities that Ihave found have come through per-sistence. For example, I have beenpublishing a monthly column in alocal weekly paper for the past year.This column has given me terrificexposure and has generated manynew clients. I found this writingopportunity simply by calling up thenewspaper, expressing a desire towrite a column on elder law, andmeeting with the editor. Since thattime, I have been submitting an arti-cle each month and the column hasbeen a terrific success.

It is imperative that you provideonly the highest level of services toyour clients. The satisfaction level ofyour initial clients will ultimatelydetermine whether your practice is asuccess. Conventional wisdom holdsthat for every satisfied client youhave, you will gain two additionalclients at some point in your career.It is also essential that you returnyour clients’ phone calls immediate-ly. Many clients have come to mebecause I was the first attorney toreturn their call. Other clients toldme that they left their former attor-neys because the lawyers were notdiligent in keeping in touch withthem.

Before I opened my practice,many attorneys expressed concernabout my ability to provide a highlevel of service to my clients and alsobe able to run a practice at the sametime. Most attorneys in larger firmshave very little experience in han-

Flying Solo in New YorkBy Steven M. Ratner

“A little over a year ago Iquit a secure job as a taxlawyer to start my ownpractice as an elder lawattorney. . . .”

“. . . One year later, I canconfidently say that goinginto practice on my own isthe best thing I have donein my life and I look for-ward to many years of arewarding legal career.”


dling the day-to-day administrativeaffairs of running a practice. I havefound that running my practice hasbeen a very small burden. I relyheavily on my computer. There areseveral very inexpensive programsthat are designed for small firmlawyers. These include Timeslips tokeep track of your time, Time Mattersto keep track of your contacts andcalendar, and Quick Books, which Iuse to keep track of my finances.

I recently completed my first fullyear in practice and in the month ofNovember, I netted nearly as muchas I was earning before I quit my jobas an associate. Of course, I do notexpect that every month will be asgood in the early years, but I amconfident that if I continue to workhard I will be at least as financiallysuccessful as if I had remained inlaw-firm life. More importantly, Ihave the pride that comes from

being my own boss and having builta business on my own. While work-ing as an associate, I would oftenlong for the weekend and the hand-ful of vacation days that I was giveneach year. This is no longer the case.I now wake up each morning look-ing forward to going to work.

The decision to give up a securejob should not be taken lightly. How-ever, if you believe that you have thepersistence needed to start a success-ful business and you have alwaysdreamed of being on your own, Iwould highly encourage you to take

the plunge. If anyone has any ques-tions regarding going into practice inNew York, I can be found in theManhattan White Pages underSteven M. Ratner and would behappy to discuss my experienceswith you.

Steven M. Ratner practiceselder law with offices in New YorkCity and White Plains. He can bereached at 420 Lexington Avenue,Suite 300, New York, New York10170; (212) 754-9117; Fax: (646) 349-4709; e-mail: [email protected];Web site: www.ratnerlaw.com.

This article was originally publishedin the Spring 2002 edition of theNational Academy of Elder LawAttorneys Practice Development/Management Newsletter, and isreprinted with permission.

“. . . I have the pride thatcomes from being myown boss and having builta business on my own.”

Bringing CLE to you...anywhere, anytime.

NYSBA’s CLE Online

To find out more or to register by phone:800-582-2452

• Get the best NY-specific content from the state’s #1 CLE provider.

• Take “Cyber Portable” courses from your laptop,at home or at work.

• Stay at the head of your profession with outstanding CLE instruction and materials.

• Everything you need to obtain full MCLE credit is included online!

NYSBA is proud to present the most flexible, “on demand” CLE solution you could ask for.

With CLE Online, you can now get the valuable professionallearning you’re after

...on your own terms.

The Young Lawyers Section’shighly successful Annual Meetingprogram took place on January 23,2002, at the New York MarriottMarquis in New York City. Theprogram was divided into twoparts, the first being the ever-popu-lar “CPLR Update” lecture givenby David D. Siegel, DistinguishedProfessor of Law at Albany LawSchool of Union University. Thelecture was standing room only.Following the “CPLR Update,” apanel discussion was held on thetopic of “Pitfalls of Practice.” Tipson being a successful associate,common mistakes made by younglawyers, client relationships andbalancing work and family werejust some of the topics discussed.Former YLS Chair Susan R.L.Bernis of Royal & Sun Alliance,Farmington, Connecticut, moderat-ed the panel which included JusticeCharles E. Ramos, N.Y. StateSupreme Court Justice, CommercialDivision, New York City and DavidB. Kosakoff, a partner in the firm ofL’Abbate, Balkan, Colavita & Conti-ni, L.L.P. in Garden City. YLS mem-ber Scott E. Kossove was the pro-gram Chairperson. The YLS alsoco-sponsored a program for law


students on Janu-ary 24, 2002, enti-tled, “PracticalTips on How toSet Up Your OwnLaw Practice: TheNuts and BoltsPlus Pitfalls toAvoid.”

After the substan-tive meetings, theOutstandingYoung LawyerAward was givento Bradley P.Kammholz, whosemany achieve-

ments are detailed on page 13 ofthis issue.

Also, on Janu-ary 23, 2002, theYLS ExecutiveCommittee mem-bers met to dis-cuss both ongoingand future projectsof the Section,including publica-tions, committeesand events. Fol-lowing the meet-ing, membersattended the stateBar President’sReception andheaded off to din-ner at the uniqueBrazilian restaurant “ChurrasciraPlataforma,” where skewers of var-ious meats are continuously pre-sented to patrons, which can onlybe halted by flashing the red “stop”sign given out. Two cast membersof Saturday Night Live were alsospotted dining at this fine establish-ment. All in all, the Annual Meet-ing in New York City consistentlyfalls within the “not-to-be-missed”category.

On March 15, 2002, YLS mem-bers were treated to a personalmeeting with Chief Judge JudithKaye at the Court of Appeals.Judge Kaye generously gave hertime answering questions, detailingthe history of the Court and dis-cussing the current state of the stateBar Association. She stronglyencouraged involvement of ourSection to allow our voices to beheard and even gave out research“assignments” to several memberswho inquired about issues affectingthe Bar. Chief Judge Kaye alsopassed out copies of her very infor-mative Marden Lecture entitled“Enduring Values and ChangingTimes,” which outlines the stateBar’s extraordinary efforts after the

September 11 tragedy and discuss-es the topic of pro bono services indepth. After the discussion, ChiefJudge Kaye invited all present totake a photo with her on the benchof the Court and showed us the“secret” entranceway behind thebench where the Judges line upbefore arguments. As Chief JudgeKaye described the surroundings,she proudly pointed out a lock onthe bathroom door and explained

Young Lawyers Section News and Events

Former Young Lawyers Section Chair and panel moderatorSusan R. Bernis fielded questions from audience memberson topics ranging from how to handle a client engagingin fraud, to how to balance work and personal life.

Members of the YLS recently had the opportunity to meetwith Chief Judge Kaye at the NYS Court of Appeals whereshe spoke with the members about the practice of lawand their role within it.


how her appointment to the Courtnecessitated that the lock beinstalled to allow women entry forthe first time. Needless to say, allpresent were thankful for theopportunity to meet with our ChiefJudge and the YLS hopes to contin-ue to communicate our Sectionmembers’ activities, needs and con-cerns with her in the future.

Congratulations are in order toGregory L. Matalon and KellyLester for editing two award win-ning YLS publications, the MentorDirectory, and the 5th edition ofthe Senior Citizens Handbook.Both publications were awardedhonors for comprehensive efforts inpublic service and service to theprofession by the American BarAssociation. Other activities of the

section includecommittees onBridge the Gapand Gateway Pro-grams, Design andUpdate of the YLSWeb page, Increaseand Participationof Women andMinorities, LawStudent Involve-ment and PublicService. The YLSWeb page, alongwith the state Barsite as a whole, hasbeen completely

overhauled and improved. Checkout the new site at <http://www.nysba.org> and follow the links tothe Young Lawyers Section. Shouldyou have any suggestions orimprovements/additions to thesite, please feel free to convey yourthoughts.

Watch for your ElectronicallyIn Touch email/fax newsletter formore up-to-date information onYLS activities and upcoming dis-trict events near you. Also, do nothesitate to express your interest inany Executive Committee, Alter-nate or Liaison positions whichmay currently be vacant. If furtherinformation is needed, feel free tocontact any of the Section officerslisted on the back page of thisissue.

After Judge Kaye's remarks, attendees were given theopportunity to experience how it feels to sit on the otherside of the bench and were later taken on a tour of theCourt of Appeals.

The newwww.nysba.org

New York State Bar Association

On May 1st,attorneys

got apowerful

newresource.

• myNYSBA personalized home-page, customized based onyour interests and preferences

• free access to online legalresearch, access to recent cases,and legal alerts

• legal updates delivered right toyour desktop

• myCLE credit tracker to man-age CLE credits

• citation-enhanced, searchableethics opinions

• and much more . . .

“Justice is too good for some people and not good enough forthe rest.”

—Norman DouglasScottish author

(1868-1952)

decide to cut back on your profession-al life. You can weigh the various fac-tors, but you first have to seriouslyconsider whether you really want tobe at home. There are no raises oraccolades when you’ve changed yourtwentieth diaper of the day or pre-vented a 2-year-old’s trip to the emer-gency room from jumping off the backof the couch. You have to find person-al satisfaction and happiness in beingat home. What every child needs mostis a happy mom (or dad) and beingambivalent about being at home won’tmake anyone happy.

Make peace with the dustbun-nies—Let me explain. Childrendemand an inordinate amount of yourtime. Even when they are those cutelittle newborns that do nothing morethan sleep, somehow you don’t havethe time you used to. Stop trying tothink you can do as much as you usedto and stop wanting to do as much asyou used to. Get used to the fact thatyour biggest accomplishment for theday may be that you took a shower.As someone who used to accomplish alot in one day, it took a long time toget used to the fact that although I’vecrossed nothing off my to-do list, I didaccomplish something—I took care ofmy child. You may have dustbunniesthe size of small dogs, people may getbirthday cards two months late (Ifinally understand why this year I gota “Happy Anniversary” card for mybirthday from my sister-in-law), andyou may walk out of the house withfresh spit-up stains on your shoul-der—but you have to be willing to letgo of perfectionism in every area ofyour life because now you are jug-gling much more than you ever wereused to. There are some areas of yourlife where you refuse to be less thanperfect, and others you can compro-mise on.

Make your commitments clear—It has become so much more impor-tant, as a part-time lawyer, to makemy availability very clear at the begin-ning of any relationship. Be very clearabout deadlines, work expected, andwhen you are expected to be available.


The majority of work can be donewithin your availability, so if the dead-lines or job description change arbi-trarily, reaffirm your original agree-ment.

Back-up, back-up, back-up—Early on you should establish a child-care network that you are comfortablewith. Have a list of people that youcan call on when the unexpected hap-pens. Even if you are working andhave your child in day care, you needto establish back-up. You need peopleyou can rely on when your child issick, you have a meeting you have tomake or when your regular child carecancels. If you are at home, you needsomeone to cover if you are sick orhave other things that need to getdone sans child. You should try to findat least three people to call on in emer-gencies.

Saying “yes” means saying “no”to something else—Every time youagree to do something, think aboutwhat will have to be eliminated fromyour schedule. Time is finite. Saying“no” is difficult, especially when youare asked to do something that wouldadvance your career or pay well; butremember, for every choice there areconsequences. Make sure you can livewith the consequences of saying“yes.”

Know your limitations and takethe easy way out when you can—There was a story in the newspaperlast Thanksgiving about a woman inNew York City who managed Thanks-giving dinner for 30 or so friendsevery year. She lived in an apartmentwith an apartment-size kitchen andappliances. She had a hot breakfastavailable for anyone who showed upearly and a light dinner for those whostayed late, in addition to the Thanks-giving dinner she managed to prepareon her tiny stove. When guests left,they were given their wrapped Christ-mas presents. I would love to be thiswoman. I would love to be organizedenough to have my Christmas pre-sents bought and wrapped by Thanks-giving. I would love to be able to cook

that many wonderful meals for thatmany people under those conditionsin one day. Problem is, I know that Iwould never be able to do it even withyears of advance planning and prac-tice. So I’ll pay for gift-wrapping, con-vince people that it is much more funto receive presents after Christmasand manage invitations to other peo-ple’s houses for Thanksgiving for aslong as I can. However, I know that Ican learn to bake a mean pumpkinpie. Order out, hire, do whatever youneed to do to make your situationwork.

Don’t procrastinate—I’m thegreatest procrastinator in the world.It’s one of my greatest skills in life.However, being a parent means youcan no longer count on finishing thatproject on the day before it is due. Youhave entered the realm of the trulyunexpected. The time you set asidemay instead be spent rocking a childwho refuses to sleep. Start projects assoon as you get them, even if it meansspending an hour a day in the begin-ning.

You can have it all; if you don’twant that much—There are so manypeople in the world who are perfectlyhappy living without any of the trap-pings of success we have come toexpect by being attorneys. In theirminds, they “have it all” because theynever expected to gain as much as wedo by virtue of being professionals. Ifyou don’t expect a lot, you’ll alwayshave more than you need. Thisdoesn’t mean you can’t have loftygoals and dreams, just don’t become aslave to unrealistic expectations.

Enjoy—As John Lennon said,“Life is what happens to you whileyou’re busy making other plans.”Whatever you choose, and whateverpath you are on, have fun!

I am honored to have served asyour Chair this past year and wishyou continued success in the comingyear.

Barbara J. Samel

A Message from the Section Chair(Continued from page 1)


The NewYork StateBar Associa-tion YoungLawyersSection ispleased tohonorBradley P.Kammholzwith the 2002OutstandingYoung Lawyer Award. The award ispresented annually to recognize thecontributions of a New York attorneyadmitted to practice less than 10years who has made significant con-tributions to the betterment of thecommunity and the legal profession.

Mr. Kammholz, an associatewith the law firm of Faraci andLange, LLP, was admitted to the barin 1991, upon earning his law degreefrom Boston University School ofLaw. His practice focuses on plain-tiff’s personal injury, including prod-ucts liability, medical malpractice,automobile, premises liability andcivil rights litigation.

Active in the Lawyers for Learn-ing and Tools for Schools Programssince 1995, Mr. Kammholz has assist-ed in significantly increasing the sizeof the program to serve more than1,000 children with the help of morethan 112 attorneys. The program,which gained Mr. Kammholz theMonroe County Bar Association’sNathaniel Award honoring legal pro-fessionals for their volunteerism,continues to mentor, distributedonated school supplies, and pro-vide grant money to students in theRochester City School District.

Mr. Kammholz is a member ofthe New York State and MonroeCounty Bar Associations, AmericanTrial Lawyers Association, NYS TrialLawyers Association, the GeneseeValley Trial Lawyers Association,American Inns of Court and theAmerican Bar Association. He is co-founder and past-secretary of theRochester American Inns of Court.

Mr. Kammholz’s past awardsinclude the 2001 Rochester BusinessJournal’s “40 under 40” award and

the 1998 Monroe County Bar Associ-ation President’s Award.

As Cheryl A. Heller, immediatepast-president of the Monroe CountyBar Association, noted in support ofMr. Kammholz: “his faithful commit-ment to his profession and the barassociation is steadfast. I am confi-dent he will continue to be a strongleader and supporter of the associa-tion, and the community in which helives, throughout the balance of hisprofessional career.”

“Bradley Kammholz is a shiningexample of everything that is bestabout the legal profession. He istruly dedicated to making his com-munity a better place and making alasting impact,” said Barbara J.Samel, NYSBA Young Lawyers Sec-tion Chairperson.

The significant contributions thatMr. Kammholz has made to the pub-lic schools and legal communitythroughout Rochester make him atruly deserving recipient of theNYSBA Young Lawyer’s SectionOutstanding Young Lawyer Award.

Bradley P. Kammholz2002 Outstanding Young Lawyer Award Recipient

Editor-in-Chief Needed for New Section PublicationThe Young Lawyers Section is undertaking a new public service project for

high school seniors. The Section will be producing a pamphlet to help youngadults understand everyday legal issues that they will encounter as they reachthe age of majority. Topics may include landlord/tenant, contracts, motor vehi-cles, and credit card use and debt. An editor-in-chief is needed to guide theprocess and coordinate authors of individual chapters.

Please indicate your desire to serve as editor-in-chief by contacting BarbaraSamel, 39 Lawnridge Avenue, Albany, New York 12208, [email protected],by July 3.


For near-ly threeyears, I havebeen thegeneralcounsel of asmall pub-licly tradedcompany inupstate NewYork. My jobis challeng-ing, fun and never boring. While Ienjoyed the intellectual challenge ofprivate practice, I often found myselfwondering what type of impact Icould have if I worked directly for aclient. In 1996, after nearly two yearsin private practice, I accepted a 32-hour per week job as corporate coun-sel with Intermagnetics General Cor-poration. I was not looking forpart-time work, but in-house counseljobs are hard to come by in theAlbany area, and I did not want topass up the opportunity. It was notan easy decision to leave a secure jobwith a highly regarded upstate lawfirm. Partners warned me that hav-ing one client could be a career-shortening experience.

In the end, my decision paid offand I eventually became generalcounsel. For me, there are many dif-ferences between private practiceand working as in-house counsel.Young lawyers reading this articleshould bear in mind, however, that Ido not work in a large in-house legaldepartment. Large in-house depart-ments can function much the sameway as law firms, even charging theclient (e.g., the company’s businessunits) by the hour. That said, younglawyers in private practice often askme about my experience, so hereit is.

“Roses are Red”—Becominga Client

One of the bonuses of leavingprivate practice to take a job in-house is that you become a client, orat least a potential client. I went towork for a company that was not aclient of my former law firm. On myfirst day at Intermagnetics, the firmsent me a dozen roses. Now I didleave the firm on good terms, and Ibelieve that many of my colleagueswere genuinely disappointed to seeme go, but I have to believe that my“client potential” had something todo with the roses.

Actually, I thought I would enjoybeing a client more than I really do.Being a client brings with it responsi-bility. I suppose if I were the sadistictype, I would have no problem call-ing a partner at my former firm anddumping a last-minute emergencyon his desk at 5:05 p.m. on a Friday,in July. The problem is, I am not thesadistic type, and this is also no wayto get really good legal work out ofanyone. Being a client means being agood manager. As general counsel, Idecide what firms to hire and how todistribute my outside legal work. Ineed to make sure I hire the rightpeople for the job and that I providethem with the tools (e.g., informa-tion, access to our facilities, etc.) theyneed to do the job well.

In-house attorneys also have tomanage a company’s outside legalcosts responsibly. Despite what attor-neys in private practice may think,most in-house lawyers hate negotiat-ing over fees or, worse yet, calling tocomplain about a bill. Setting expec-tations up front avoids sticker shockand uncomfortable conversationsdown the road. Still, for me this isthe most unpleasant part of the job.

On the bright side, my formerboss had a great approach to dele-gating work to outside counsel. Heused to say, “We keep the fun stuff.”While it is not always possible orpractical to “keep the fun stuff,” anin-house counsel usually has theability to decide what work he or shewill and will not do to an extent thatsimply is not possible as an associatein private practice.

“Jack of all Trades(Master of None?)”

As the legal profession becomesmore specialized, many in-houseattorneys find themselves becominggeneralists. As general counsel for asmall company with a small in-house legal department, it is criticalfor me to “know what I don’t know,”and in order to do that, I have toknow a little bit about everything.Although larger in-house legaldepartments typically have practicegroups similar to those found in lawfirms, many in-house attorneys donot have the luxury of becoming an“expert” in any particular area oflaw. If you have a passion for laborlaw or a burning desire to become arecognized authority in structuringcomplex commercial transactions,then it is important to think long andhard about making the leap in-house. While you may find a depart-ment large enough to support yourspecialty, keep in mind that you willhave only one client.

Another difference between pri-vate practice and life in-house ismentoring. When I started at Inter-magnetics, I was fortunate to have avery good mentor. The company’sgeneral counsel was an excellentlawyer and a great teacher. When heleft to take a job at a significantly

On the Inside Looking OutBy Katherine M. Sheehan


larger company, I started to takeover his duties, and within a fewmonths, I was promoted to generalcounsel. While I relished the chal-lenge of my new position, I missedthe mentoring. At the time, I wasfive years out of law school and Iwas used to discussing ideas andlegal strategy with a seasoned attor-ney. In private practice, partners andsenior associates offer guidance, butin-house attorneys in small legaldepartments rarely enjoy this type ofinteraction. While outside counselcan help fill the void to some degree,the thing I miss the most about pri-vate practice is working with otherlawyers every day.

“We Need an AnswerNOW!”

If you are thinking about leavingprivate practice to take an in-housejob, be prepared to get used to thesensation of walking a tightropewithout a net. You will have onlyone client, and that client typicallywill have several divisions or busi-ness units, sometimes in multiplelocations, and possibly overseas.When something goes wrong youwill be the first person called andyour client (who may actually sit inthe office down the hall) will wantan answer, immediately. A proactive,well-managed legal department cango a long way in heading off these“emergencies,” but in-house attor-neys typically spend more time inthe trenches than in the law library.

I thoroughly enjoy this type oflegal practice. As a member of the

company’s executive staff, I have theability to impact policy so that thecompany avoids legal problemsbefore they arise. I am also able toprovide training throughout thecompany and work one-on-one withmanagers to help them achieve thebest result for their business units.In-house attorneys often areinvolved at the earliest stage ofnegotiations for key contracts andtransactions. While an in-houselawyer must ensure that the dealdocuments reflect the parties’ agree-ment, they also must be more than ascrivener. In-house attorneys havethe ability to help formulate businessdecisions and shape risk allocation.This is a far more intimate and ful-filling role than I experienced in pri-vate practice. While the breadth ofthe work may preclude in-houseattorneys from developing a special-ty practice, the depth of knowledgethey gain within their companyallows them to add value for theirclient in a way that typically is notpossible in private practice.

“Enough Already, Just Tell UsAbout the Hours!”

And now for an answer to thequestion I get asked most fromlawyers in private practice: “So howmany hours do you work?” Theanswer varies, depending on myworkload. Intermagnetics recentlycompleted two divestitures: an assetsale to a company in Finland and astock sale to a Japanese company.During these transactions, I workedmany late nights and weekends, andI even pulled a few all-nighters; but

for the most part, my hours are farmore predictable as an in-houseattorney than they were when I wasin private practice, and workingweekends is the exception, not therule.

The strain of long hours hasbeen replaced, however, with thestress of a higher level of responsibil-ity. The days of drafting a memoran-dum for a client and giving it to apartner to review are long over. In-house attorneys make critical deci-sions every day that directly impactthe company. I love what I do, evenon bad days, so I know I made theright decision when I left privatepractice. My in-house experience hasbeen invaluable and it has provideda path for me to accomplish goals Iset for myself early in my legalcareer—to always be challenged, tolike what I do and to never getbored.

Katherine M. Sheehan, Esq. isthe General Counsel and CorporateSecretary of Intermagnetics GeneralCorporation, a leading developerand manufacturer of superconduct-ing materials, magnets, devices andrelated products for the MagneticResonance Imaging, Energy Tech-nology and Instrumentation mar-kets. She is a graduate of BowlingGreen State University (B.A.degree, cum laude) and Albany LawSchool (J.D. degree, magna cumlaude), where she was an editor ofthe Albany Law Review. Ms. Shee-han is responsible for Intermagnet-ics’ overall legal affairs includingcompliance with securities laws,commercial contracts, corporateagreements, labor and employmentissues, intellectual property mattersand litigation management. She is amember of the New York State BarAssociation.“Experience is the name everyone gives to their mistakes.”

—Oscar Wilde


In thealmost twoyears sinceICANN’sUniformDomainName Dis-pute Resolu-tion Policy(UDRP) hasbeen ineffect, thou-sands of trademark owners haveused the arbitration process to recov-er domain names incorporating theirtrademarks.1 A domain name regis-trant automatically agrees to thejurisdiction of UDRP arbitrationupon the registration of a domainname through a registrar who hasadopted the ICANN arbitration pro-visions as part of its policy. TheICANN arbitrator, or panel of arbi-trators, can only direct the transfer ofa domain; it cannot award damages,attorneys fees, costs or other relief.Nevertheless, many trademark own-ers find that the process provides aquick and relatively inexpensivemeans of recovering a domain name.

One of the shortcomings of theUDRP process is that there is nomeans of appeal built into the sys-tem and no binding precedent forarbitrators to follow. This has result-ed in a lack of consistency in deci-sions, so for example, madonna.comis transferred to Madonna butsting.com is not returned to Sting.2 Aparty unhappy with the UDRPprocess has the ability to “opt out,”as the UDRP specifically contem-plates and permits either party to filea lawsuit before, during or even afterthe administrative proceedings.3 Inaddition, in order to initiate UDRPproceedings, a complainant mustfirst agree to litigate any challengesto the panel’s ruling in either thejurisdiction encompassing the regis-

trar’s principal place of business orthe jurisdiction encompassing theregistrant’s address, and an aggriev-ed registrant can effectively suspenda panel’s decision by filing a lawsuitin a specified jurisdiction and notify-ing the registrar.4

Even after a decision is rendered,the UDRP decision will be stayed ifthe aggrieved registrant commencesa lawsuit within 10 business days.The ICANN policy provides:

If any Administrative Paneldecides that your domainname registration should becanceled or transferred, wewill wait ten (10) businessdays . . . before implement-ing that decision. We willthen implement the decisionunless we have receivedfrom you during that ten(10) business day period offi-cial documentation (such asa copy of a complaint, file-stamped by the clerk of thecourt) that you have com-menced a lawsuit against thecomplainant in a jurisdictionto which the complainanthas submitted . . . UDRP ¶4(k).

In addition, a trademark ownerwho is unsuccessful in an ICANNproceeding is not precluded frombringing a lawsuit regarding thesame domain name. There is, howev-er, some question as to what weightan ICANN decision should be givenin a subsequent formal court action.

In one of the few cases whichhave addressed this issue, a U.S. Dis-trict Court for the Northern Districtof Illinois held that the “court is notbound by the outcome of theICANN administrative proceed-ings.”5 Although that court declinedto determine the precise standard of

review of an ICANN decision andwhat degree of deference, if any,should be given to that decision, thecourt noted that the ICANN policyitself acknowledges that the courtmay give whatever weight it deems“appropriate” to an AdministrativePanel’s decision.

In another case, a domain regis-trant, after losing a UDRP proceed-ing, sought declaratory judgment infederal court that its use of a domainname was lawful under the Anti-cybersquatting Consumer ProtectionAct.6 The defendant in the lawsuit(and successful plaintiff in the UDRPproceeding) sought to dismiss thefederal declaratory judgment actionupon the grounds that it constitutedan improper motion to vacate anarbitration award pursuant to theFederal Arbitration Act (FAA).7 Thedistrict court denied the motion todismiss, finding that the FAA’srestrictions on judicial review ofarbitration awards do not apply tocivil actions challenging UDRP paneldecisions. The court held that theUDRP’s unique contractual arrange-ment renders the FAA’s provision forjudicial review of arbitration awardsinapplicable. The court offers severalreasons for not applying the FAArules. First, the UDRP itself contem-plates parallel litigation in court; sec-ond, UDRP proceedings are notrequired as a prerequisite to litiga-tion between parties; and third, sincethe remedies available through theUDRP are so narrow and specific,there is no basis for confirming orenforcing a UDRP panel decisionpursuant to the FAA.8

Although there is no require-ment that a trademark owner initiatea UDRP proceeding prior to com-mencement of the federal action,9 atrademark owner will not be placedin a weaker position by doing so.

TECHNOTALK

Judicial Review of Domain Name Arbitration DecisionsBy David P. Miranda


After losing a UDRP decision, theowner of the federally registeredmark “REFEREE” successfullysought and obtained a preliminaryinjunction in federal court againstthe domain name owner ofereferee.com.10

Although courts to date haveprovided little weight to UDRP deci-sions, the procedure remains a quickand efficient method of recoveringInternet domain names by trade-mark owners.

Endnotes1. The ICANN (Internet Corporation for

Assigned Names and Numbers) is anew, quasi-governmental Internet-regu-lating body, and its policy (approved onOctober 24, 1999) provides for a “man-datory administrative proceeding” indisputes between domain name ownersand trademark owners and purportedlyapplies to every domain name registrantwho registers its domain names throughan ICANN-accredited registrar.

2. Madonna Ciccone, P/K/A/ Madonna v. DanParisi, D2000-0847; Gordon Sumner v.Michael Urvam, D2000-0596.

3. UDRP ¶4 (k).

4. UDRP Rule ¶3 (xiii), ¶4 (k).

5. Weber-Stephen Prod. Co. v. Armitage Hard-ware & Bldg. Supply, 54 U.S.P.Q.2d 1766(N.D. Ill. 2000).

6. Parisi v. Netlearning, 59 U.S.P.Q. 2d 1051(2001).

7. Federal Arbitration Act, 9 U.S.C. §§ 1 etseq.

8. Parisi, 59 U.S.P.Q. 2d 1051.

9. Warrior Ins. Group, Inc. v. Insureon.com,Inc., 2000 U.S. Dist. LEXIS 18870 (N.D.Ill. Dec. 28, 2000).

10. Referee Enter., Inc. v. Planet Ref, Inc., CaseNo. 00-C-1391 (E.D. Wis. Jan. 24, 2001).

David P. Miranda is a memberof the intellectual property law firmof Heslin Rothenberg Farley &Mesiti P.C., in Albany, New York,and chair of an ABA IntellectualProperty Law Subcommittee ontrademarks and the Internet. He canbe reached at [email protected].

This article was previously pub-lished in the ABA Intellectual Proper-ty Law Newsletter, Fall 2001, vol. 20,no. 1, pg. 28, and is reprinted with per-mission.

The Young Lawyer DivisionAssembly is the principal policy-making body of the American BarAssociation’s Young Lawyer Divi-sion. The Assembly normally con-venes twice a year at the ABA’sAnnual and Midyear Meetings and itis composed of delegates from acrossthe nation. The Young Lawyers Sec-tion of the New York State Bar Asso-ciation may appoint representativedelegates to this Assembly. Futuremeetings will be held in San Diego,Chicago, Philadelphia and Washing-ton, D.C.

The ABA offers a national plat-form to exchange ideas, discussethics, and explore important legalissues. The Assembly receivesreports and acts upon resolutionsand other matters presented to itboth by YLD committees and otherentities. In the past, issues debatedhave included: amendments to theModel Rules of Professional Con-duct; the enactment of uniform statelaws regarding elder abuse; theenactment of federal legislation toeliminate unnecessary legal andfunctional barriers to electronic com-merce; guidelines for multi-discipli-nary practice; government spending

on basic research and clinical trials tofind a cure for breast cancer; and rec-ommendations concerning biologicalevidence in criminal prosecutions.

For those interested, the positionoffers an opportunity for involve-ment in the American Bar Associa-tion without requiring a long-termcommitment or additional work. Amaster list will be compiled of thoseindividuals interested in serving asdelegates and those individuals willbe polled prior to each meeting as towhether they can serve as a delegatefor that particular meeting. Dele-gates will not be required to partici-pate in floor debates or prepare writ-ten materials for the meetings.

All delegates must have theirprincipal office in New York State,must be a member of the New YorkState Bar Association Young LawyersSection or a county bar association,must be a member of the AmericanBar Association Young LawyersDivision, and must be registered forthe meeting they will be attending asa delegate. If you are interested inthis unique and exciting opportunity,please contact Barbara Samel at (518)435-9990, or via e-mail at: [email protected].

Immediate Openings! Delegates tothe American Bar Association YoungLawyer Division Assembly

“A society in which men recognize no check upon their freedomsoon becomes a society where freedom is the possession of onlya savage few.”

—Judge Learned Hand(1872-1961)

state government jobs availablethroughout the state.

How Can You Get a Positionas a Government Lawyer?

In New York State, there are pri-marily two ways to become a gov-ernment lawyer. One is to take a civilservice “test” and be hired into asenior attorney or hearing officerposition, and the other is to be hiredby the current administration into anappointed position. Attorneys hiredinto civil service positions in NewYork—and there are far more of suchpositions than there are appointedpositions—must take a civil serviceexamination and pass a probationaryperiod to qualify for a permanentposition.

New York’s civil service “test”for lawyers (Examination No. 20-131) actually is more of a question-naire or application than a writtenexamination; it is designed to matchthe education and experiences ofindividual attorneys with availablepositions. Thus, individual attorneyswill be at the top of some lists, butnot others, because each individual’sexperience and abilities are moreappropriate to some attorney posi-tions than others. The Department ofCivil Service’s Web site notes thatapplicant ratings are based on suchfactors as categories of legal experi-ence, types of tasks previously per-formed within the legal sphere,major fields and levels of legal andnon-legal education, licenses andcertificates obtained, work experi-ence outside the practice of law, andthe duration of each type of experi-ence.

The Department of Civil Serviceaccepts applications throughout theyear; however, individual applicantsmay apply no more than once a year.


What Do GovernmentLawyers Do?

Appointees typically serve asGeneral Counsel or Deputy Counselto an agency, Counsel or AssistantCounsel to the Governor, or as anAssistant Attorney General.Appointees tend to be more involvedin policy making than attorneys incivil service positions. As a result,appointees tend to have a connectionwith the elected official (Governor,Attorney General or Comptroller)who appoints them, and they tendnot to hold their position after thatelected official is replaced with oneaffiliated with a different politicalparty (although that is not alwaysthe case—many appointees survivechanges in administrations).

Attorneys hired by state agenciestypically begin as an AttorneyTrainee or an Assistant Attorney.Upon successful completion of a pro-bationary period, the attorney quali-fies for a position as a Senior Attor-ney or a Hearing Officer (alsoreferred to as an Administrative LawJudge or Referee). The latter posi-tion, however, requires completionof a civil service examination for thespecific position, e.g., Motor VehicleReferee or Workers’ CompensationHearing Officer.

The work done by a governmentlawyer varies according to theagency where the lawyer works andthe specific programs he or sheworks with within that agency. Hereis how the Department of Civil Ser-vice currently describes the work ofSenior Attorneys and Hearing Offi-cers on its Web site:

Assignments will varydepending on the particulardepartment or agency withwhich you work. As a SeniorAttorney, your assignmentmight include such tasks as

rendering “in-house coun-sel” advice to program man-agers; preparing pleadings;writing memoranda of law;planning litigation strategy;drafting legislation, rulesand regulations; performinglegal research and analysis;drafting or reviewing con-tracts; preparing opinionsand memoranda of law; orappearing at administrativetribunals or courts.

As a Hearing Officer, youmight preside at quasi-judi-cial or administrative hear-ings which are of an adver-sarial or investigative natureconcerning the resolution ofissues of fact, law and regu-latory practice; conducthearings; issue subpoenas;evaluate evidence; makefindings of fact and conclu-sions of law, and render orrecommend decisions.

There can be a great variety oflegal work flowing from the activi-ties of a single agency. For example,the Office of General Services (OGS)is regularly engaged in building con-struction projects, commercial leas-ing of real property, procurement ofgoods and services for itself andother state agencies (which entailsthe negotiation of contracts in com-pliance with competitive biddingrequirements), disposition of aban-doned lands, rights to lands under-water, ensuring compliance withlaws governing the State EmployeesFederated Appeal, employee disci-pline proceedings, and ethical mat-ters. Senior Attorneys at OGS tend towork primarily with one or two pro-grams within the agency.

Much information concerningthe legal work at state agencies canbe found on the Internet. Agenciestypically have their own Web sites

Do You Want to Be a Government Lawyer?(Continued from page 1)


containing information about theagency’s mission, organization,activities and services. Some haveWeb pages that describe the particu-lar work done by the Counsel’soffice.

Government law positions arenot limited to agencies’ Counsel’soffices. An agency may have its ownadministrative appeals board orthere may be a separate administra-tive body, such as the Tax AppealsTribunal, which handles administra-tive appeals from determinationsmade by the Department of Taxationand Finance. These administrativeappeals boards typically employ sev-eral attorneys to assist in the deter-mination of appeals. Some agencies,such as the Department of MotorVehicles and the Workers’ Compen-sation Board, employ scores ofadministrative law judges.

State government is full of attor-neys who have very satisfyingcareers as government lawyers.Many move into government afteryears of private practice, and manygo to work for an agency right out oflaw school and stay for a satisfyingand rewarding career. Of course,anyone considering a position instate government should be realistic:no job is perfect and each entailssome level of aggravation or frustra-tion. As Malcolm Forbes once said,“If you have a job without aggrava-tions, you don’t have a job.”

Richard A. Reed is DeputyCommissioner and Counsel to theNew York State Office of GeneralServices. He previously served asDeputy Commissioner and Counselto the New York State Departmentof Motor Vehicles. Upon his gradu-ation from Albany Law School in1981, he served as a law clerk to theAppellate Division, Third Depart-ment, and then to Hon. Richard D.Simons of the New York Court ofAppeals. He was engaged in theprivate practice of law for 17 yearsbefore he became a governmentlawyer.

“The answer to your question depends onthe day.”

* * *

“I am sometimes disappointed with theuncivil, contentious way in which somelawyers behave while in court or whendealing with colleagues. However, the law,to me, is still the most valuable and excit-ing profession of which to be a part. Thereason? The power to create change insociety. The entire structure of the civilizedworld is based upon the rule of law andwe, as lawyers, are responsible for theprogress (or decline) of that civilization. Itis a lofty responsibility we bear. However,it is worth every disappointment we mayface to be able to say that we have thepotential to see to it that the beauty of jus-tice is done . . . even if that beauty must beaccomplished step by step, one day at atime.”

Christine R. Mertz, Esq.Copiague, New York

* * *

“Satisfied: social status :-). Enriches withgeneral knowledge and savvy. Dissatisfied: social status :-). Limitedavenues to tread. Difficulty of achievingrewards that match the investment.”

NYLS 1999, New York

* * *

“I find my job as a public interest/legalservice attorney to be extremely rewarding.I enjoy the extensive client contact, andembrace the responsibilities associated withit. As a public interest attorney I have hadthe opportunity to practice in a number ofdifferent venues ranging from HMOgrievances and administrative hearings topractice in district and state Supremecourts.

The biggest downside to my job as a publicinterest attorney is the financial aspect.While fortunate to have been aided withloan forgiveness through a fellowship andloan repayment from my law school, I findit very difficult to make ends meet.Approximately a third of my take-homepay goes towards servicing my law schoolloans. Repaying my loans and meeting my

other financial responsibilities leaves littlemoney for discretionary expenditures.

All in all I’m satisfied with my decision togo to law school. However, I wish I wouldhave more thoroughly considered the finan-cial aspects of law school knowing that Iwanted to pursue a career in public inter-est law.”

Brant CampbellStaff Attorney, Legal Aid Society,Brooklyn Neighborhood OfficeUniversity of Pennsylvania, ‘99

* * *

“For the most part I am satisfied with mydecision to become a lawyer. The intellectu-al transformation that I have been throughcan only be described as utterly phenome-nal. The pride of my family and friendsalso make it all worthwhile. However, thereare times that I question whether havinggone to law school was the right decision.At times it seems like I was living betterbefore I went to school. The debt loans wehave encountered are outrageous. And theinequality in jobs and compensation isstartling. How is it that one person’s start-ing salary is $125,000, and another’s is$30,000; especially when they both sat andpassed the same Bar exam?”

Law StudentThomas M. Cooley Law School

* * *

“I am very satisfied with my decision tobecome a lawyer. The legal profession offerstwo qualities that are essential to my jobsatisfaction . . . it is intellectually stimulat-ing and it enables me to make a differencein other people’s lives and society. Not toomany other professions can say the same.The only down side is the incredibleamount of debt that I have incurred to getmy law degree!”

Pace Law School—Class of 1999

* * *

“I count the decision to become a lawyer asamong the most important decisions of mylife. On balance, I have found it enjoyableand challenging to interact with intelli-gent and stimulating colleagues, be theythe bench or the bar, and to remain current

SOUND OFF!“ARE YOU SATISFIED WITH YOUR DECISION TO BECOME A LAWYER?”(Continued from page 3)

with the ever-changing face of the law. Isthe practice of law for everyone? With overhalf of all graduated law students notpracticing law, clearly not. The decision tostay active in the law is very personal andindividual.”

Philip Furgang, Esq.Intellectual Property Lawyer withoffices in New York City

* * *

“My answer is ‘sometimes.’ Since gradu-ating in May of 2000, I have definitelyrealized what I do NOT like about being alawyer. On the other hand, I haven’t quitefound what I like about being a lawyer yet,but I think that is in part due to the factthat I now work at a big law firm. Lawschool teaches you that the law is aboutjustice, equity, public policy, and prece-dent. When, in fact, the legal field is justlike any other field—it is about the moneyand the business. Had I known this, Iwould have gone to business school in lieuof, or in addition to, law school.

The reason for my answer of ‘sometimes’ isthat I cannot lie and say that the prestigeand respect that go along with being anattorney do not excite me—they do. Butthe long hours, the billables, the office poli-tics and working towards the commoncause of securing monetary winnings isnot the life for me. Ask me this questionagain in five years . . . either my answerwill have changed to a resounding ‘yes,’ orI will respond ‘I am no longer a lawyer bytrade.’”

Rikki D. McCoy, Esq.Washington D.C., Howard U. Law

* * *

“Yes, so far. Do I have another choice?”

yunjian yang @ HoustonSouthern Methodist University Schoolof Law, Dallas

* * *

“Being an attorney has given me thechance to do exactly what I want to do.Instead of second-seating attorneys at tri-als and drafting motions for them while Iwas an intern, now I am the attorney try-ing the case or arguing the motion. I amalso in court on a daily basis and this isexactly what I went to law school for.”

Hofstra Law School

* * *


“I am immensely dissatisfied. Had Iknown that all my law school would do forme was to steal my money, I would havenever gone to law school. I’m a 1996 grad-uate who has never been able to find a job.I’ve been forced to open my own practiceand largely deal with the indigent. I’vewatched my loans balloon to $175,000. Ihave no prayer of ever paying them off. Ihave no prayer of ever buying a house. Ihave no prayer of ever having a life. I’d bebetter off homeless. No, sorry, I’d be betteroff dead because I can’t even claim bank-ruptcy.”

* * *

“In 1998, I became a member of the Mass-achusetts Bar and began my life as alawyer. In 2000, I quit, moved to NewYork, took (and passed!) the New YorkState Bar and became a party planner. Ilove party planning (who wouldn’t?!) andnever thought I would miss the ways of alawyer’s life. I was right and I was wrong.To stay within the word restriction of thiseditorial I will finish with this: I will neverregret or forget my days as a lawyer . . . Iwill never regret my decision to quit. Itwas right for me!”

* * *

“Yes, I’m satisfied with my decision tobecome a lawyer. First, for the backgroundthat it provides in terms of constantlyimproving your communication skills,such as listening, speaking, reading andwriting, but also for negotiation matters,developing a wide range of interests, strict-ly professional or personal, and alsobecause it forces you to establish or gaintrust and reliability. Secondly, althoughthere are many things to criticize, it isalways intellectually challenging and onlyvery few days happen without facing anunknown issue which requires researchand effort. Finally (to make it short), itcertainly provides skills which could beuseful in many other jobs, giving you theopportunity to change your career at onepoint.”

Alexandre du SartelIn-House Counsel, Research Triangle,North CarolinaLLM Chicago-Kent College of Law,Illinois Institute of Technology 1999Master Degree in Business Law—University of Bordeaux (France) 1998

* * *

“Absolutely! My ultimate goal in life is toeffect change in the world by impacting theway people view their individual worlds.By practicing environmental law in a non-profit, I am able to provide the voice, per-spective, expertise and tools that will ulti-mately allow my organization to helpindividuals and municipalities understandhow their actions can either benefit orinjure the planet.”

Pace University School of Law,Northeast

* * *

“YES, I am very happy with the decisionand with the result. I feel like it has taughtme the rules of the game, rules whichapply to us and ignorance of which is nodefense for breach or non-compliance.”

Mirari Barriola, Esq., LondonColumbia Law School ’95, LLM

* * *

“No, I am not satisfied with my decision tobe a lawyer, not at all. First, I had to takeout huge loans to finance my law schooleducation. I am from a relatively poorbackground, so I could not rely on sourcesother than loans and work-study to financemy education.

I graduated from law school, a school thatis ranked in the top thirty in the country,in the middle of my class (about the 55percentile). Thankfully enough I managedto pass the New York Bar exam the firsttime I took it, but it was a costly venture,both in terms of time taken away fromwork and in fees for the classes and for theexam itself.

After looking for an entry-level position inNew York for a number of months, I land-ed a position at a small sweatshop of a lawfirm making less than $50,000 a year. Thepeople I worked for were not only nastyand cheap, they were also slightly nuts. Istayed at that position for as long as Ithought physically and morally possible,then transferred to another firm makingslightly more in income.

Bear in mind that none of the positions Ihave held involved work which I foundpersonally or spiritually satisfying. Thesejobs turned out to be exercises in keepingup with the volume of the work assigned tome; very little of the work that I doinvolves application of original or creativethought. In essence, you are always trying


to make sure that none of the balls you arejuggling will come back and hit you in thehead with a lawsuit for malpractice.

I do not think that I am alone in my senti-ments. Most New York lawyers I have spo-ken with would change careers without asecond thought for another job whichwould pay slightly less than what theycurrently make.”

* * *

“I followed the usual route—prestigiouslaw school then national law firm. I amvery unhappy because I don’t get the typeof training and mentoring that I need.Also, the type of work—civil litigation—issometimes alienating as I deal only withcorporations and not individuals. More-over, I am Asian-American and it is harderto find role models.”

* * *

“I am not satisfied with having a career asa lawyer. I am satisfied with becoming alawyer and using that as a tool to do otherthings. I am a founder and the Chairmanof the Museum of Comic and Cartoon Art(‘MOCCA’). This gives me an opportunityto use my legal background to fulfill a pas-sion and give back to the community.

It also gives me an opportunity to tacklecertain issues such as free speech and FirstAmendment issues in the arts. For exam-ple, [a major newspaper] removed cartoon-ist Ted Rall’s cartoon from its Web siteyesterday. Ted Rall’s cartoons raise ques-tions on the most sensitive issues in oursociety today. I won’t comment on whetherhis cartoons are worthwhile or emotionallytroubling. The issue here is that the FirstAmendment is the amendment that keepsus free. It guarantees free speech, freepress, religious freedom, and the rights ofassembly and petition. However, it isunder frequent attack. What troubles me isthat [this paper] should be a forum for theexchange of ideas promoting free press, freespeech, and free spirit for all people. Iwould hope they would have a deeperunderstanding of the First Amendmentand what a free press means to a free soci-ety.”

Lawrence KleinMuseum of Comic and Cartoon ArtNew York CityBenjamin N. Cardozo School of Law‘94

* * *

“I am a medical doctor and received my JDa while ago. I have been very disappointedin my lack of ability to find a good job (oreven a bad one). It’s not the law’s fault butI guess I’m one of those who thought beinga lawyer would open all the doors I wouldever wish for. It didn’t. Too bad. Get real,self!

Anyway, the education (top 20 school) wasbrutal, degrading and dehumanizing—actually a disgrace in America, I believe.Can anyone honestly defend this Socraticbull****? I did OK nonetheless, top 20%.However, all in all, I would do it again,except differently (screw the top 20 schoolcrap)—choose different places to work inthe summer, and probably wind up rightwhere I am. By the way, at least there arejobs for doctors and the pay is not that badcompared to the average, all in all. Medi-cine also is interesting and doesn’t changewith who happens to be the judge ormajority.

Put me in the really cynical and notimpressed category by the legal educationbull****. How come there were no right orwrong answers in law school (except onthe multiple choice tests . . .), yet in theend there was the Bar. . . . Yes, I won’tdeny it, I did flunk twice before I passed it.However, I never took the bar reviewcourse, so somewhat of a ha, ha, ha!!!Finally, best wishes to those who have hada successful career and those who haven’t.Sincerely, too.”

* * *

“Yes. I am very satisfied that I became alawyer. Having said that, I noticed fromobserving and speaking with classmates,other attorneys, and co-workers, that manypeople initially become lawyers for eitherthe wrong reasons, or for no particular rea-son at all. I think that the legal profession,more than any other, has many people in itwho are, up until the end of law school,undecided as to what they want to do withtheir lives. Don’t people always say thatone goes to law school to put off enteringthe real world?

It occurred to me that becoming a lawyerhas many expectations attached to it, andthis is in no small part due to the press,Hollywood, and the high-profile cases thatwe see on a daily basis across our televi-sion screens via Dateline, Court TV, andsometimes even live coverage. There areentirely too many movies and TV showsthat glamorize and aggrandize the alleged

‘perks’ that sometimes attach to the profes-sion of law. I say ‘alleged “perks”’ becausethe big two, namely, money and power, areoften and more likely than not, absent frommost of the lives of the average practicingattorney. If the availability of a beautifulpastel-color matching office, fast cars, fastmoney, excitement, drama, and fast andidealized romance (See Ally McBeal,L. A. Law, and Family Law) is the rea-son for going into such a demanding pro-fession, then for these hopefuls, disappoint-ment awaits.

For the one percent of all law graduatesthat join large firms with NBA-style sign-ing bonuses and perks, and that actuallypractice in areas besides the paper-heavycorporate law, bankruptcy law, and realestate law, kudos to you. To the other 99percent out there, unless you went into thelegal profession for the right reason, I hopeyou have a back-up plan.

I genuinely love the practice of law, andam always excited at the prospect of tryinga case. I did not become an attorney for thefortune or fame. I am fortunate in that Ienjoy what I do, and I enjoy the people Iwork with. Most law graduates, with theoversupply of law graduates out there(apparently hopeful of fame and fortune),struggle to find jobs, struggle to earn goodmoney, and struggle to enjoy their jobswhen they do find jobs. I have spoken tomany who graduate law school, pass theBar, then promptly accept employmentwhere a college degree would have beenplenty—never to return to the legal profes-sion. Others accept employment at largelaw firms with inordinate sums of money,but do not practice ‘real law’ (glorified lawclerks with six-figure salaries) and areunhappy about the 3,000 billable hours,the seven-day work weeks, the all-nightersand showers at the office.“

Moving? Let Us Know . . .If you change the address where youreceive your NYSBA mailings, besure to let us know so you can stayinformed. Send change of addressand/or phone number to:

Records DepartmentNew York State Bar Association

One Elk StreetAlbany, NY 12207

518-463-3200e-mail: [email protected]

Under New York’s MandatoryCLE Rule, MCLE credits may beearned for legal research-based writ-ing, directed to an attorney audience.This might take the form of an articlefor a periodical, such as your Sec-tion’s newsletter. The applicable por-tion of the MCLE Rule, at Part1500.22(h), says:

Credit may be earned forlegal research-based writ-ing upon application tothe CLE Board, providedthe activity (i) producedmaterial published or tobe published in the formof an article, chapter orbook written, in whole orin substantial part, by theapplicant, and (ii) con-tributed substantially tothe continuing legal edu-cation of the applicantand other attorneys.Authorship of articles forgeneral circulation, news-papers or magazinesdirected to a nonlawyeraudience does not qualifyfor CLE credit. Allocationof credit of jointlyauthored publicationsshould be dividedbetween or among thejoint authors to reflect theproportional effort devot-ed to the research andwriting of the publication.

Further explanation of this por-tion of the Rule is provided in theRegulations and Guidelines whichpertain to the Rule. At Section 3.c.9of those Regulations and Guidelines,one finds the specific criteria andprocedure for earning credits forwriting. In brief, they are as follows:

• the writing must be legalresearch-based


• the writing must be such thatit contributes substantially tothe continuing legal educationof the author and other attor-neys

• it must be published or accept-ed for publication

• it must have been written inwhole or in substantial part bythe applicant

• one credit is given for eachhour of research or writing, upto a maximum of 12 credits

• only a maximum or 12 credithours may be earned for writ-ing in any one reporting cycle

• articles written for general cir-culation, newspapers andmagazines directed at a non-lawyer audience do not quali-fy for credit

• only writings published oraccepted for publication afterJanuary 1, 1998, can be used toearn credits

• credits (a maximum of 12) canbe earned for updates andrevisions of materials previ-ously granted credit withinany one reporting cycle

• NO CREDIT CAN BEEARNED FOR EDITINGSUCH WRITINGS (this hasparticular relevance to Editorsof Section newsletters)

• allocation of credit for jointlyauthored publications shall bedivided between or among thejoint authors to reflect the pro-portional effort devoted to theresearch or writing of the pub-lication

• only attorneys admitted morethan 24 months may earn cred-its for writing

In order to receive credit, theapplicant must send a copy of thewriting to the New York State Con-tinuing Legal Education Board (the“Board”), 25 Beaver Street, 11th floor,NYC, NY 10004. A cover lettershould be sent with the materials,and should include the followingsupporting documentation indicat-ing:

• the legal research-based writ-ing has been published or hasbeen accepted for publication(after Jan. 1, 1998)

• how the writing substantiallycontributed to the continuinglegal education of the authorand other attorneys

• the time spent on research orwriting

• a calculation of New York CLEcredits earned and a break-down of categories of credit(for the senior bar—thosebeyond the first 24 months ofadmission—there are two cate-gories of credit: (1) ethics andprofessionalism; and (2) every-thing else (skills, practice man-agement and traditional areasof practice)

After review of the correspon-dence and materials, the Board willnotify the applicant by first classmail of its decision and the numberof credits earned. Copies of theMCLE Rules and the Regulationsand Guidelines can be downloadedfrom the Unified Court System Website (<http://www.courts.state.ny.us/mcle.htm>) or obtained by call-ing the New York State ContinuingLegal Education Board at (212) 428-2105 (for calls outside of New YorkCity, toll-free at 1-877-NYS-4CLE).Questions about MCLE requirementsmay also be directed to the Board bye-mail at: [email protected].

Can Those Who Write Articles for Your Section NewsletterGet MCLE Credit? How Do They Do So? What AboutEditors of Newsletters?


The Young Lawyers Section Welcomes New MembersKaren M. AavikAna Lizza V. AcenaChelsie K. AdamsTisha N. AdamsDoron AfikChristoffer G. AhlstromRajen AkaluAl Altaf AkbarLisa L. AlbertJose L. AlemanCassandra N. AlexanderMylyn K. AlexanderTara I. AllenJacob J. AmatoFederico A. AmoriniAntigone Joan AndersenMatthew D. AndersonMarybelle C. AngWilfred I. AnigekwuMark A. AnnunziataMarc L. AntonecchiaLuciana AquinoHitoshi ArataniJaness A. ArcherJodi A. ArgentinoJohn M. ArmbrusterJill L. ArnoldKarin ArrospideAlexis A. AscherIrina V. AvagyanTinuade Tolulope AweAndrew M. AyersLeigh A. BaconRichard O. BaguduDavid J. BaileyNadine Joy BaileyDeric J. BarnesJohn C. BarreraJoerg J. BartussekJennifer Anne BascianoEdmund T. BaumgartnerBrad M. BeharJulie H. BekierChristopher BellottiHector Benitez-SolivanAlyssa N. BenjaminNorman M. BennettSara L. BensleyAlex BerdNan BerezowskiJames BernalAmir Y. BernsteinKaren J. BernsteinAriel BerschadskyMatthew L. BerzokCraig S. BetterSusan M. BetzJitomirHoward S. BeyerMalika BibbsMark E. BiniMarvin Robert BirnbaumGiovanni BiscardiTad J. BistorAmelia D. Blanquera-

WindoverBenjamin BlattJohnnie Leandra BocanegraCorey Boddie

Thomas C. BogleCristina BonacaPrecious Tanai BonaparteAntoinette M. BoneMichele BonsignoreGregory L. BonyneMaria C. BourniasNicole Metz BoutisJohanna M. BraciakIdaye Etamesoh BraimahBryan J. BrockingtonKristy BroesderMichael E. BroganDuncan Taylor BrownElizabeth Cowan BrownElizabeth A. BrownMary S. BrownScott Michael BrownShayne Lynne BrownDianne N. BruningRosemarie BrunoBetty-Anne M. BryceDonya J. BullockCara BuonincontriHeather N. BurghardtMelissa S. Burke

Michael K. BurkeWilliam R. BurnsLawrence E. ButermanSonya L. ByarsTom Edward ByrneAna M. CabassaMarc L. CaineMary A. CallaghanPietro CammarotaDiana CancelasJeffrey T. CanningJames H. CantrellAlyssa K. CaplesNicole M. CardielloJason Benjamin CardinezCharlita Cecelia CardwellAnthony B. CasaronaLisa M. CaskoSarah E. CastanerNelson A. CastilloJeffrey CatanzaroErik CenterMark CermeleCatherine ChaJihoon ChaOwen ChambersHojin ChangVernita C. CharlesScott E. CharneySeth N. Chase

Sujata ChaudhriMudita ChawlaHaroon Mahmood CheemaAlison J. ChenHsin Yi Sheana ChenSteve CherfilsPali ChhedaLaia ChipkinLory M. ChippsJeeHyun ChoAnthony Richard

ChristianoJennifer ChungJeremi L. ChylinskiJanine Christie CiallellaCatherine R. CiarlettaJoanne CimineraChristine CivitanoRebecca ClarSophia ClarkPerry S. CleggSean CloseJamye L. CoatesKevin Paul ColanAlexa Anne ColeChristopher Colon

Julianne M. ComerAndrea F. CompostoSean W. ConnollyHeather Bridgid ConoboyMeredith L. CookDennis F. CooneyJane L. CooperBryan CorlettRyan F. CoutleeShawn S. CullinaneCollette B. CunninghamAlisa W. CupidJoseph CzerniawskiPhilip A. D’AnconaMichael James D’AngeloMichael R. Dal LagoLisa DamkohlerEric O. DarkoJamie Susan DavisRobert B. DavisMichael Davis VelascoMichelle M. De MareoRobert Del GiornoPeter N. DeLuciaYolanda Marie

DemianczukStephen P. DempseyGavin G. DennJemal A. DeshongJeffrey DeVoesick

Randal S. DhaliwalHarris J. DiamondXiaoning DingSara DirectorJutta M. DissenSaskia B. DitisheimChristine R. DiVincentWendy DolceJoyce Sydnee DollingerBrooke A. DombekDominic A. DomingoDavid DonahueRyan T. DonovanRichard F. DouglasColleen DowdMarissa R. DubeyChristopher M. DugganMary DuroKelly M. EibsGerald EichingerSerona EltonJennean M. EndresAmy C. EricksenDiana S. EricksonWendy M. EstelaNatalie Diane Everaert

Nathan F. FahrerShari Beth FallekPeter J. FamighettiSusan A. FaniJaime FarrantJoseph P. FarrellBeth M. FederRoss D. FeingoldElizabeth FeldElise Simon FeldmanJennifer M. FeldmanDavid H. FiestalDiego R. FigueroaShannon L. FinkAdam FinkelSamuel J. FinnesseyMelissa FioreMotek M. FischteinSamantha G. FishermanDaniel J. FitzgeraldMason B. FitzgeraldMichael D. FitzgeraldLauren E. FleischerLouise M. FlynnKevin G. FoleyPaul F. FoleyChantalle ForguesAdam M. FormanEdward Joseph FortierKimberly R. Fox

Mark FranciniAaron Mark FrankelSharon E. FraseSpencer B. FreedmanLisa I. Fried-GrodinGreg A. FriedmanRuth L. FriedmanDavid FultzGrace FungMax D. GaleGeorge W. GalganoLorraine E.J. GallagherMichael A. GallardoAri Dov GanchrowMarie O. GanthierJoseph T. GarciaEllen S. GardnerWilliam J. GarvinAmy GarzonDavid S. GasperowS Anthony GattoErich E. GearietyLeonid GekhmanJames P. GeocarisEdward J. GermickFarhad Nemat GhaussyNicole L. GiaccoPatricia A. GibbonsDarryl W. GibbsSpencer C. GibbsDarren S. GilkesGregory W. GilliamNicole D. GiraultNicholas GisondaJessica J. GlassCynthia M. GodsoeJudy GoeppGeoffrey L. GoldbergBrian T. GoldsteinBrent S. GolisanoJulissa A. GomezMichelle J. GomezPaul A. GomezJames GoodingBatya GoodmanElias GootzeitSuzette E. GordonChristine M. GorgoneAnanias GrajalesMolly GraverMeredith L. GrayLori F. GraybowRebecca GraydonCharles J. GrazianoBeverly K. GreeneMichael E. GreeneAdam P. GreensteinAdam Michael GrenkerSeth GriepVictor A. GrossmanSuzanne M. GrossoFacundo GuelarMadhureema GuptaAna J. GuzmanBrian R. HaakGlenn O. J. HackterYehuda Y. HalpertMasaki Hanai

“Everybody gets so much information all day long that theylose their common sense.”

—Gertrude SteinAmerican author

(1874-1946)


Kristi K. HansenNicole M. HarrisKimone O. HarrisonCharles W. HartMatthew G. HartJohn D. HartleyTina L. HartwellPeter H. HarutunianHebba Magdi HassaneinLisa D. HauptmanDonald T. HaydenMichael W. HazyKevin J. HellerRobert W. HemsworthGilbert L. HenryCarolyn C. M. HensleyAnyekache A. HerculesRafael HernandezMichael J. HershErik L. HerzSarah A. HinchcliffMargo L. HirschStephanie T. HodaraKristine J. HoffmanIda HoghooghiKathleen S. HollandDesiree K. HolzleinFarah N. HomsiYoung-Kyoo HongRobert Lee HornbySerhiy HoshovskyElizabeth S. HotchkissKatie HoughtonRebecca HoughtonSheryl A. HowardSherilyn A. HozmanEugene HretzayHelena C. HuangHillary Hera HughesAdam F. HulbigMichael D. HumphreyAlison S. HunterWaiel S. HusseinTimothy M. IdlandMichele Y. IfillPatrick J. IracaTami IsenbergKentaro IshiharaPaula J. IvoryRobert R. JacobsenDaniel E. JacobsonMelinda A. JahnBrian JakuleviciusSally Anne JamesonTheresa Raffaele JeffersonJeanAne M. JilesRaymond K. JoeJason E. JohnsAmy C. Johnson-SpinaStephen M. JordanTamara I. JordanTonja F. JordanGregory T. JosefsbergAlexandro J. JuncoMelonie S. JurgensNadia KaddourMichelle L. KahlSheilah M. KaneKristine KassekertJohn KatsandonisAlexander S. Katz

Elizabeth S. KatzRobyn M. KatzDouglas P. KaufmanJane H. KauhJessica KavoulakisFrederick E. KearnsJames M. KeimLaShon Kimberly KellStacey T. KellyKevin M. KenneallyAngelene G. KentonAman KhalafLalla M. KhanStephanie S. KikaKevin KileenElaine S. KimJennifer KimJihwan KimJonathan E. KirchnerAsi KirmayerMichael S. KlererJennifer M. KnarichOlga KoloditskayaThomas G. KomaromiMehmet KomurcuKevin Patrick KoppHelge Martin Kortz

Timothy KozakLeslie A. KramerSteven N. KramerLaura M. KrueglerKevin J. KruppaLidia KryzaniwskyChung-hsi V. KuanVidya KurellaMotria Lada KuzyczKathryn V. KwakWey-Wey E. KwokMagdale L. LabbePeter Charles LacySara J. LambergLatanya LangleyAnders LarssonLorraine LatchmanHayley N. LattmanJacquelyn LawsonMartin LebwohlChul-Jae LeeHannah LeeHyoung S. LeeHyun Soo LeeJeon Oh LeeJudy Taeyoung LeeJohn J. Charles LeenPhilip Leimgruber

Brenda K. LenahanJohn J. LeonardJudith F. LesarDonna M. LettmanPaul S. LevineJoshua A. LevyNichelle N. LevyEdward B. LieberStefanie LiebermanAllison R. LiffChen Nien LinHerve N. LinderSylvia Nicole LiverpoolGary M. LobelLeah M. LopezCory L. LoudenslagerMatthew J. LoughranGina S. LoveBrian M. LoyMichael S. LoyNilufer LoyChester P. LukaszewskiOscar LumenTimothy P. LydonChristopher LynchThomas LynchAnne M. MacGregor

Melissa MacGregorManuel J. MachadoMary Beth MacinaSotiria MakrogiannisStephen A. MalitoWilliam Joseph MalveyJennifer MandinaKyle ManikasJay Guerin MaplesRachel K. MarcocciaDorothy L. MaresErika D. MaricichAmado MarinTimothy L. MarlinChristanthony MarryshowAnne W. MarshAnish MashruwalaStephanie E. MaskerDavid Anthony MasonJay MassaroNia C. MathisShawn T. MayRikki D. MccoyJohn C. MccutcheonChristopher Dean

McdonaldJohn McDonaldPatricia E. McDonough

Enuma EkundayoOgunyemi

Nahoko OkawaChuka S. OkenwaJoaquin OrellanaBeth A. OrnsteinErin OrserLuis E. OrtegaBrigid Osei-BobieEyitope Akingbade

OyololaAlan C. PageBrigette B. PakDebra PalazzoRobert A. PanasciAngus Ying Kit PangLeslie M. PappasDavid ParisBo-Young ParkJames Jinwu ParkCarletha ParkinsonWendy ParraEileen M. PateJames J. PatersonGeorge E. PatsisKumar S. PaturiElena M. PaulMelissa S. PaullJeffrey H. PearlmanKarin B. PeelingAnita L. PelletierMario PenaJohn PepeNicole Cuda PerezGeorgette PerimenisKara McCarthy PerryHeather A. PetersonIngrid PetersonJohn M. PetersonStacey L. PinchukMaria A. PizzimbonoSodette Kay-Marie

PlunkettMark P. PoncySarah PonzioDorothy-Jane C. G.

PorpegliaRon E. PrashkerJason M. PrattShanna Nichet Price-

WrightKanika ProvostLouis A. RabinowitzKent RackettEmilio RagosaJamie B. RainermanMichael RatoMark C. RehmJosh ReinitzDaniel R. RenehanChristopher T. RestakCatherine ReyesMia Catherine ReynoldsGeorge J. RheaultMyongho RheeTimothy A. RiceMichelle S. RileySuzette Corinne RiveraAlicia RiversIsabelle B. RiviereJohn G. Rizzo

Sharon M. McGowanBrent J. McintoshAmy E. McManusJames Edward McMillanTracey L. McNeilShelley J. McQuadeJorge E. MenaDenise A. MenikheimMark D. MeredithPaul S. MichoUna MinGiuliana MisserittiBonnie MohrRichard J. MohrWilliam E. MoneJohn A. MonocelloPaul A. MontuoriJoseph M. MooreJames D. MoranManna MorejonVanessa MorenoRiele J. MorgiewiczPaul H. MorrisSusan Olivia MorrisSharon MousserieJana MuchyovaRoxanne Muirhead

Brenda J. MurphyJennifer M. MurrayMarsha E. MurrayMegan E. MurrayMichael D. NachtomeAyako Kay NaganoJason NagelCamy Tribeni NarainPreeti NarayanJeffrey W. NarmoreRichard T. NathanCraig P. NazzaroLenna E. NdokoHillel Calman NeuerTodd A. NeufeldDeclan A. NichollsChristine S. NicklesAndreea S. NitoiuGemini J. NolanWilliam S. NolanRichard P. NortonPerry I. NovotnyApril C. O’ConnorLorraine O’KaneCortney M. O’TooleOluwafunmilola F.

Odegbami

“If there is any principle of the Constitution that more imper-atively calls for attachment than any other it is the principleof free thought—not free thought for those who agree withus but freedom for the thought that we hate.”

—Oliver Wendell Holmes, Jr.former U.S. Supreme Court Justice

(1841-1935)


Cristina M. RodriguezJudith RosaShiri RosentalAmy N. RothRandi M. RothbergMark E. RuddyJames M. RuelValerie RuoccoAndrea C. RutaLauren M. Ryan-RicoLauren E. RybaKaren B. SaggeseJulie E. SakerDanielle M. SaleseIvan SaleyeuAnamika SamantaGregory T. SandlerStephanie J. SanetFrancisco SantiagoAlexis C. SantoroAimee SatoDavid SawitsKarl R. SchafferRichard I. ScharlatNance L. SchickThorsten SchmidtRobyn J. SchneiderAllison Galena SchniedersAndrew P. SchrieverLee A. SchwartzJanea Ashanti ScottEdward SeiterKrista F. SeligAmy E. SemetTara A. SeniorDavid SesnovichSangita Arvind ShahRobert Jason ShannonDiego ShinFelix ShipkevichJolynn M. ShoemakerArthur ShtaynbergVladislav ShvartsmanN. Patricia Siegel

Sharon R. SiegelScott E. SilberfeinEvan H. SilsAlexandra R. SilverbergKenneth A. SilvermanMichele Marie Simms

ParrisMaria Luisa B. SimpsonGunwanti SinghJanice D. SlatonAlison M. SmithDeborah A. SmithEdward D. SmithKristen M. SmithTodd M. Smith

Erica J. Smith-KlocekAnna Yurievna

SmorodskayaDiane P. SnyderCarlita J. SolanoPeter G. SotosGina M. SpadaroMichael S. SparlingMark SpinnerChristine M. StaianoAnthony StaltariJason M. StanekSheila M. StebnerDavid J. SteinbergBonnie M. SteinwolfHolly E. SteuerwaldTerri A. StevensOnn A. Stock

Jonathan J. StoneBlanch V. StovallAnthony StrazzaEthan StrellGary A. StrongTerry M. SugrueAaron B. SukertBradford J. SullivanJune SullivanDeborah SummersDavid J. SussmanAdam I. SuttonKatharine SwansonDaria J. Szczur

McDonough

Vibha TambeAnthony D. TanciniLouis C. TaorminaSylvia TarleyAtsushi TatsutaMonica TayCharles J. TaylorTeresa TaylorJoshua C. TeitelbaumAnthony M. TessitoreJessica ThalerGeorgia M. J. ThomasKevin L. ToddRobert J. TomkowiczPaola TornabeneChristopher J. TorrenteJennifer L. TothDarryll S. Towsley

Ellen M. WasilauskyStanley M. WayneRandi S. WeaverElizabeth Robin WeissLawrence Judson WelleMonica WeltDalila A. WendlandtMargaret L. WendlandtChristopher P. WershovenGerald E. WhelanPamela A. WhippleVanna WhitakerTally M. WienerDavid Edward WienirMellissa WilliamsRebecca WilliamsRebecca A. WillisKaren M. WillskyApril M. WilsonAlyse S. WolfsonJong-kyun WooRoberta WoolleyThomas Christian

WorkmanLily Jia WoundWen WuAndrew S. WurzburgerXiang XieRobert W. YalenGuang YangYunjian YangKravtsova YaninaStephen G. YoderNaohiko YokoshimaThomas J. YoullarMark H. YoungXiaohui YuKaren L. ZdanisMatt ZieglerPatricia E. ZiminskiMichael J. ZinnaValerie Megaro ZuckermanSamantha J. Zweig

Josiah S. TragerJames P. TruittIrma I. TscherniaCharles T. TuckerLisa TuntigianAlessandro TurinaDaniel Evan TurinskyGary C. TylerMami UshioHelen ValkavichRita C. ValletFrank A. ValverdeKristin L. VassalloBasilios VassosRobert L. Villasenor

George T. VishnevetskyDuyen Ha VoStephanie Kara VogelVictor VoloshinCarla Jo Wagenstein-VegaCraig S. WaldmanNayna WaliaDonald S. WalkerMichael WalkerErik X. WallaceIan F. WallaceElizabeth WalshLisa-Roxanne WaltersJoseph J. WangNingling WangMark WarcupDavid S. WarnerDawn Warren

“A man who dies without a will has lawyers for his heirs.”—Anonymous

REQUEST FOR ARTICLESPerspective welcomes the submission of substantive articles, humor, artwork, photographs, anecdotes, book

and movie reviews, SOUND OFF! comments and responses and quotes of timely interest to our Section, in addi-tion to suggestions for future issues.

Please send to:James S. Rizzo, Esq.

Office of the Corporation Counsel for the City of RomeCity Hall, 198 North Washington Street

Rome, New York 13440Phone: (315) 339-7670

Fax: (315) 339-7788E-mail: [email protected]

Articles can be sent as e-mail attachments to the address above, or submitted on a 3 1/2” floppy disk (preferably inMicrosoft Word format) along with a double-spaced, printed original, biographical information and a photograph (ifdesired). Please note that any articles previously published in another forum will need written permission from thatpublisher before they can be reprinted in Perspective.


Source code: cl1555

NYSBACLE Publications

• A step-by-step guide for handling a basic case or transaction in 24 areas ofpractice.

• Includes a new chapter on Elder Law by Steven M. Ratner, Esq.

Invaluable Reference Tools For New Practitioners

New York Lawyer’s Deskbook, Second Edition

“. . . exactly the book I was lookingfor—and could not find—when Ibegan to practice in New York.”Jill Nagy, Esq.

“. . . one of the finest deskbooks thathas ever been published.”Lucian L. Lodestro, Esq.Lodestro, Vanstrom & EdwardsJamestown, NY

“. . . an excellent tool for every practitioner.”

Muriel S. Kessler, Esq.Kessler and KesslerNew York, NY

• Includes over 2,200 pages of forms, checklists and other exhibits used by experienced practitioners in their day-to-day practices.

• Consists of 20 sections, each covering a different area of practice.

• Includes new chapters of Elder Law forms and Mortgage documents.

New York Lawyer’s Formbook, Second Edition

To order call

1-800-582-2452or visit us online at www.nysba.org/pubs

1998 (Supp. 2001) • PN: 4150 • List Price: $185 • Mmbr. Price: $160

1998 (Supp. 2001) • PN: 4155 • List Price: $185• Mmbr. Price: $160


Editor-in-Chief:

Substantive Articles (any topic), Sound Off!Responses/Comments, Photographs, Artwork,Humor, Quotes, Anecdotes, etc.James S. Rizzo, Esq.Office of the Corporation Counsel for the City of RomeCity Hall, 198 North Washington StreetRome, New York 13440Phone: (315) 339-7670Fax: (315) 339-7788E-mail: [email protected]

Publication of ArticlesPerspective welcomes the submission of articles of general interest to the Young Lawyers Section. Authors may sub-

mit their articles to the Editor-in-Chief as e-mail attachments, or may submit a 3 ½” floppy disk (preferably in MicrosoftWord format) and one, double-spaced printed hardcopy, along with biographical information and a photograph (ifdesired). Unless stated to the contrary, all published articles represent the viewpoint of the author and should not beregarded as representing the views of the Young Lawyers Section or substantive approval of the contents therein. Pleasenote that any articles which have already been published in another forum will need the written consent of that publisher before theycan be reprinted in Perspective.

MARK YOUR CALENDARS

Regional Meetings of the 2002/2003 YLS Executive Committee

Friday, June 7 5:30-8:30 p.m. State Bar Center, One Elk Street, Albany

Saturday, June 8 11:00 a.m.-2:00 p.m. Bond Schoeneck & King, LLP, One Lincoln Center, Syracuse

Saturday, June 15 11:00 a.m.-2:00 p.m. 100 Park Ave. (between 40th and 41st Streets),16th floor conference room, New York City

“It takes two to speak the truth—one to speak and another tohear.”

—Henry David Thoreau

Young Lawyers SectionNew York State Bar AssociationOne Elk StreetAlbany, NY 12207-1002

PERSPECTIVEEditor-in-ChiefJames S. Rizzo198 N. Washington StreetRome, NY 13440

Section Officers

ChairBarbara J. Samel39 Lawnridge AvenueAlbany, NY 12208

Chairperson-ElectDavid P. Miranda5 Columbia CircleAlbany, NY 12203

TreasurerPhilip J. Capell1983 Marcus AvenueSuite 117New Hyde Park, NY 11042

SecretaryGregory J. Amoroso198 N. Washington StreetRome, NY 13440

NON-PROFITU.S. POSTAGE

PAIDALBANY, N.Y.

PERMIT NO. 155

This newsletter is published for members of theYoung Lawyers Section of the New York State BarAssociation. Members receive the newsletter free ofcharge. The views expressed in articles in this newslet-ter represent only the viewpoint of the authors andnot necessarily the view of the Section.

We reserve the right to reject any advertisement.The New York State Bar Association is not responsiblefor typographical or other errors in advertisements.

Copyright 2002 by the New York State BarAssociation.

ISSN 0743-6475

ADDRESS SERVICE REQUESTED

Documents

Perspective - New York State Bar Association