ONEIDA COUNTY BAR ASSOCIATION AS Sg ce, BAR NEWS BS TREE “is Grow Di, Pree Maram Law Day May 1, 2007 ‘The Oneida County Bar Association's Annual Law Day luncheon will be held on Tuesday. May 1, 2007 at 12:00 p.m. at the Radisson Hotel, Utica, The theme of this year’s Law Day program is “Celebrating Oneida County's International Legacy.” International lay expert James G. Apple, Esq., will be our guest speaker. His speech is entitled; “The International Law Legacy of Oneida County— Henry Halleck and Elihu Root.” Our moming program will be conducted in the Oneida County Courthouse at Utica for the benefit of area high school students from Oneids and surrounding counties. The program will begin at 8:30 a.m. in a courtroom of the Oneida County Family Court, where a discussion and demonstration of the Family Court's administration and operation will be held, by members of the legal community. The students will then be treated to a dramatic portrayal of a criminal arraignment followed by a lecture/panel discussion on current issues in criminal law. The program will then proceed to the Radisson Hotel for a Juncheon at 12:00 p.m. providing students an ng and invaluable opportunity to interact with local judges, atlomeys and government leaders We look forward to seeing you at the luncheon. Please make 2 copy of the form below and send in your reservation as soon as possible. DATE & TIME: Tuesday, May 1, 2007 @ 12:00 noon EVENT: Law Day Luncheon LOCATION: Radisson Hotel, Utica Centre, 200 Genesee Street, Utica COST: $20.00 Per Person Please send your reservation and check payable to: Oneida County Bar Association, 258 Genesee Street, Suite 302, Utica, NY 13502. If you have any questions, please call the Bar office at 724-4901 Number attending: Names:Page 2 PRESIDENT’S COLUMN In previous months, this column has been dedicated in part to the idea of improving communication between the Bar Association and its members. Keeping with this theme, I thought I would take the opportunity this month to relay just a few of the issues being monitored by the Board Online Access to County Clerk's Land Records ~ Larry Golden and Tom Hughes have both vohunieered to serve on a task force being created by the Oneida County Clerk to address the issue of reinstating online access to land records. I too am speaking on a frequent basis with the Oneida County Clerk. We hope this regular contact will impress upon the County Clerk's Office the importance of input from the Bar Association, which in tum could promote a collaborative relationship on other issues of significance to attomeys, Judicial Selection — With the United States Supreme Court having agreed to hear argument in the Lopez Torres case, the selection process for judges in ‘New York State continues to be called into question. Diane Martin-Grande has agreed to chair a subcommittee of the Courts and Judiciary Committee, which will monitor developments on this issue and report to the Board, The Oneida County Bar Association has identified two key concems: maintaining integrity in the process by which judges ate selected and ensuring less-populated counties have an ability to retain Supreme Court seats. Donna Case reported to the Board that the topie of judicial selection was a central theme of the Presidential Summit at the New York State Bar Association Annual Meeting in January. Integrated Court for Domestic Violence — This new court, with Justice Bernadette Romano presiding, will begin operating later in March. Theresa Girouard, co-chair of the Family and Domestic Relations Committee, has been keeping the Board informed about its implementation. She and 1 recently attended a final planning meeting. Justice Romano has also made a presentation to the Board Joseph Panella, Chief Clerk for the Supreme Court, has agreed to assist drafting articles for future newsletters that will advise attorneys about procedures and processes. This article is by no means an exhaustive list of the issues of importance or the individuals involved with the Bar Association. It is simply a “first cut” at March 2007 conveying several of the topics presently being discussed by the Board, and J hope the newsletter will continue to evolve into an effective mechanism of informing the membership. —/ulie Grow Denton, Esq. Portrait Adoptions On behalf of the Bar Association, we thank the following judges and attorneys for their participation in adopting a portrait: Hon. Robert F. Julian, Hon. John W. Grow, Hon. Richard D. Simons, Hon. John G, Ringrose, Hon, Ralph J. Eannace, Jr., the Tenney family, Congressman Michael A. Arcuri, William F. Dowling, Esq., Brindisi, Murad, Brindisi & Pearlman, LLP, J. K. Hage, Il, Fsq.. Kernan & Kernan, Peter M Hobaica, McMahon & Grow, Peter J. DiGiorgio, Jr. Esq... Julie Giruzzi-Mosca, Esq... Joseph H. Hobika, Sr. Esq., Joseph H. Hobika, Jr., Fsq,, and Andrew J. Hobika, Esq., Paula J. Eannace, Esq., and Theresa M. Girouard, Esq. The following portraits are still available for adoption: Nathan Williams, Hiram Denio, Frederick H. Hazard, Philo Gridley, Samuel Beardsley. To adopt a portrait please contact Ricardo J. Mauro, Fsq., at 793-8807, ‘One of many things we strive to be the best at. = Painting += Mating Services = Copies * Business Cards Hattie 08° eto Labels + Carbonless Forms 40 Clinton Street, New York Mills, NY {815) 768-3100 * Fax (318) 768-3102New Adverts ing Rules Go into Effect A modified version of amendments to the Disciplinary Rules, related to advertising and solicitation, became effective on February 1.2007. The new rules are available on the NYSBA website “http://www.nysba.org", or at the Office of Court Administration's. website, “hitp://www.courts state.ny.us/cules/attorneys”. Special attention should be given to the definitions of the terms: “advertisement,” “eomputer-aecessed communication” and “solicitation, “Solicitations” are defined as “any advertisement initiated by oron behalf ofa lawyer... thatis directed to, ortargeted at,a specific recipient or group of recipients, of their family members or tegal representatives...“ The final version of the new rules witl require filing ofa copy of the solicitation and the transcript of the audio portion of any radio or television solicitation, which is directed to, or targeted at, a specific recipient or group of recipients in this State, Websites are excluded unless designed for, and directed to, or targeted at “a prospective client affected by ‘an identifiable actual event or occurrenee.” Not all “advertisements” are “solicitations”! However, when deciding what to file, therule should be read carefully. and given the broadest possible interpretation, Unsolicited communications to persons affected by an ineident, involving claims for personal injury or \wrongfil death, cannot be made before the 30" day after the date of the incident, unless a filing must be made within the 30 days to preserve the victim’ s rights, in which case a 15 day rule is applied. Such solicitations must also include a disclosure of how the lawyer obtained the identity of the recipient and leamed of the recipient's potential legal need. The new prohibitions on the content of “advertisements” should also he carefully examined, Included in the “shall not” section of the rule are the uses, ‘of nicknames, monikers, motto or trade names that imply aan ability o obtain results ina matter. Endorsements and testimonials from current cients are prohibited, as are paid testimonials without diselosing the fact of compensation, Advertisements may not contain the portrayals of judges, and the use of actors or fictionalized scenes without disclosure of same. Also prohibited are the use of techniques to obtain attention that demonstrate a clear and intentional lack of relevance to the selection of counsel, including the portrayal of lawyers exhibiting characteristics clearly unrelated to legal competence. ‘The foregoing are merely highlights of very detailed modifications to the Diseiptinary Rules. If, after examining the full text of the new rules, you wish to seek an advisory opinion, you may call the NYSBA"s Ethies Hotline, 518-463-3200. - Anthony J. Gigliotti. Principal Counsel, Auorney Grievance Committe, Fi Judicial District Marek 2007 OCBA Fifth Annual Legal Line Volunteers Needed The $* Annual Legal Line, sponsored by the OCBA Public Information & Education Committee, during which the public can call with their legal questions is being held on Wednesday. May 2, 2007, from 5:00 until 6:30 p.m, The mumber to access Legal Line will be 315- 292-6565. Once again, Legal Line will be promoted on WKTV and hosted by ECR International. RONCO isagain providing the telephone bank. This event has become a tradition for the Bar Association and cominues 10 grow cach year. We anticipate fielding hundreds of calls, as we have in the past years. This event is a wonderful opportunity for ‘our community to speak to attorneys accomplished in their fields of practice, Legal Line is held during Law Day week, when the legal community is in the spotlight, It allows attorneys from different practice areas to come together and give back to their community. It also provides a forum for the ‘community to see lawyers in a positive way ‘To volunteer mail or fax this form to: Oneida County Bar Association, 258 Genesee Street, Suite 302, Utica, NY 13502. Fax: 724-6010 Name: Phone: (Check one or more) 5:00-5:45 (Check one or more) _ Family Personal Injury 45 - 6:30 _Wills Consumer _ Court Procedure _ Other __ Criminal __ Small Claims Court Education __ Housing/Real Estate Oneida County Bar Association Diane Godiewski, Editor We welcome the submission of articles, announcements or topies of general interest to the membership. The OCBA may edit as needed. Apy soggestions, criticisms or encouragement are elso eagerly solicited and gladly received. Address all communications to ‘Oneida County Bur Association 258 Genesce Sire, Suite 302, Utica, NY 13502 Tel: (315) 72444901 Bax: (315) 724-6010 Email: dianei@oneidacounsybar com Bar News published monthly by the | |Page4 LEGAL : BRIEFS OFFICES FOR RENT: The law firm of Hage & Hage LLC will be moving to another location in Utica. The furnished offices located at 610 and 612 Charlotte Street will be available for rent beginning the summer of 2007. Contact J.K, Hage HI or Amy Cirtwell at 797-9850, S. UTICA: Professional Office space, 2 & 3" floor, newly remodeled, handicap accessible, incl. Util., internet, limited reception, parking, conference rooms, on 1" & 2* floor, security, Call 315-724-7800. OFFICES FOR RENT: Professional office space available on both 1° and 2 floors. Also, shared services an option, Office is within walking distance to all courts, county and state offices. Call Michael J. Caneilla, Esq. at 266-0030. SEEKING EMPLOYMENT: Would like to work for attorney. Previous office experience. Can operate most, office machinery. Type 45 w.p.m. Notary Public. Call John at 724-2980 or email: salutetsrzan(@ijuno.com. STAFF ATTORNEY: The Criminal Division, Oneida County Public Defender’s office has an immediate opening for a Third Assistant Public Defender. To be eligible for appointment, candidates must be admitted to the New York State Bar. To apply, submit a cover letter to Frank J. Nebush, Jr., Chief Public Defender, Oneida County Public Defender, Criminal Division, 250 Bochlert Center at Union Station, 321 Main Street, Utica, NY 13501, enclosing the following information: A writing sample; (3) references with addresses and telephone numbers; Copy of valid driver's license: Complete resume listing all educational institutions attended including elementary schools, a list of all employment with addresses and telephone numbers. Al candidates are subject to a background check. Interviews will not be scheduled until all required documents have been submitted and screened, | X cingular | | Se eho the bar waif” | | Cingular Wireless 44874 Commercial Drive Kimberly Furgot Business Advisor Corporate Ovined Retail UsiearSyracuse Market sien, WY 13477 phone 315.796.414¢ fox 315.768.4451 mal: Kimberly Furgol@cingularcorm Marc 2007 Mark Your Calendars ! May 1, 2007 Law Day (details on front page) May 2, 2007 Legal Line (see page 3) May 3,2007_Lawyers in the Classraom (see page 5) Nominations for Hugh R. Jones Award Sought:The Oneida County Bar Association's Past Presidents Committee is scheduling a meeting to select this year’s recipient of the Hugh R. Jones Award which will be presented at the annual Law Day luncheon, The committee of past presidents would welcome suggestions from the members of the Association for the Committee’s consideration, All such suggestions should be submitted to the Bar Association office no later than April 6, 2007. Please include biographical information concerning the nominee, as well as an outline of the services provided by our colleagues to our profession and the community in general Should you have any questions or require any further information conceming the Hugh R. Jones Award, please contact William Schmitt, Immediate Past President at his office at 724-2147, Notice from the Clerk’s Office: The Oneida County Clerk's Office has advised the Bar Association that all mail is now being tim Peter W. Antonowicz Brenda J. Antonowicz, tosat asisant “Ho Fees Unless Wie Win Your Casa” 337-4008 1500 FLOYD AVENLE - ROME PROFESSIONAL INVESTIGATIONS ‘& PROCESS SERWICES INC. BA: FAS ‘Complete lavesigatve Agency + Mi You Sve 24/7 Richard T. Peroni, Private investigutos NYS Licensed, Bondad & insured + Over 20 Yeas Police Experience PO Box 945, Toll Free: 1-877-545-3555 Rome, NY 13442 Coll: 315.335.2000, Email rperoni@iweny-r.com Fax: 315-999.5111ONEIDA COUNTY SURROGATE’S COURT ONEIDA COUNTY OFFICE BUILDING - 8 FLOOR 800 PARK AVENUE UTICA, NEW YORK 13501 ‘TELEPHONE (315) 797-9230 MARTHA R. HOTTIAN nO ne a ‘DAVIDA. MURAD FAX GIS) 797-925 [KRISTINE X, PECHEONE, MARGARET MURPHY PETERSON SSioHiarE URE ATIORNEY (RAL February 20, 2007 TO: The Oneida County Bar Association After nearly three and a half decades of public employment, { will be retiring on March 21, 2007. In May of 1974, I began my career with the New York State Court System as a Deputy Clerk in the Oneida County Family Court, having the opportunity of working for the Hon. Anthony K. Pomilio and the Hon. John P. Balio, then Family Court Judges. In March of 1980, I became the Chief Clerk of this Court, working twenty five years with the long tenured Surrogate, the Hon. John G. Ringrose and most recently with our new Surrogate, the Hon, David A. Murad. Thave had the pleasure and privilege of working with most of the attomeys and Judges in Oneida County. Our County can be proud of the competency and dedication of its’ lawyers and Judiciary. As Ieave for retirement, I want to thank all the Judges, attorneys and their staffs, as well as my own staff, for your many years of loyal support. [ shall miss all of you, but look forward to our paths crossing in my reticement years. Martha R. Hoffman Chief Clerk Oneida County Surrogate's CourtSTATE OF NEW YORK UNIFIED COURT SYSTEM FIFTH JUDICIAL DISTRICT ONONDAGA COUNTY COURTHOUSE ‘SYRACUSE, NEW YORK 18202, (18) 67¢-1100 AN (315) 671-1169, E-MAIL jormay@cours slate.ry.us JONATHAN LIPPMAN AMES ¢. TORMEY (Chit Adminitrative Judge “usticw of Supreme Court District Admiistraive Judge Frith Juda Oisret JAN H. PLUMADORE Deputy Chie Acminstratve Judge GERARD J. NERI, ESQ. ‘Courts Outside New York Cty MEMORANDUM ‘Special Counsel DAVID 8. GIDEON, £5. Pencipal Law Clark TO: All Attorneys Interested in Running for Elective DONNA. EVANS Judicial Office in 2007 f eee eee FROM: Hon, James C. Tormey, Administrative Judge \ ‘ DATE: March 14, 2007 RE: Judicial Campaigh Ethies Center — Informational Presentation The Executive Director of the Judicial Campaign Ethies Center (“ICEC"), Laura Smith, will be giving a short presentation and question-and-answer session about resources available to candidates in the upcoming judicial campaign season, the mandatory ethics training requirement, the role of the JCEC, and the newly-created Independent Judicial Qualifications Sereening, Committee, ‘This program is open to anyone who is considering a campaign for elective judicial office in 2007. ‘The presentation will be held at 12:00 p.m. on April 11, 2007 in Room 400 of the Onondaga County Courthouse in Syracuse, New York ‘Videoconferencing is available in the fourth floor Jury Room in the Oneida County Courthouse in Utica, New York Please RSVP to Donna Evans no later than April 4, 2007 by email at djevans@couris.state.ny.us or by phone at (315) 671-1100. If you would like to attend by videoconference, please be sure to mention that in your RSVP. For help with your own judicial campaign ethics questions, or for more information, please visit the JCEC's website at http://www .nycourts.gov/ip/icee or call the ICRC at 1-888-600-ICEC (5232) ‘This presentation is not the mandatory Campaign Bthies Training Program that is requited of all candidates for elective judicial office, other than Town and Village Justice positions, 22 NYCRR 100.5(AX4\(0. Although Town and Village Justices are exempt from the Campaign Ethies Training Program requirement, they are welcome to attend booth the Q&A session and the ethics taining program.Lawyers in the Classroom for Law Day Vol Day, as follows. Please call Betsey § other time slots, Morning Sel 7:45-8:30 Holland Patent High School Waterville High School Proctor High School OC BOCES CTE Criminal Justice Class Whitesboro High School Proctor High Schoo! OC BOCES CTE OC BOCES CTE Criminal Justice Class Afternoon 12:36-1:18 Brookfield Business Law Class 12:00-12:40 Holland Patent High School 12:00-1:30 OC BOCES CTE 12:45-1:30 Holland Patent High School 1:00-2:30 Proctor High School 1:30-2:08 Holland Patent High School 1:30-2:10 Whitesboro High School Mele RcUeer ea tits press ‘Successful retirement planning is part asset accumulation part asset protection spend a lifetime planning you ment but are those retirement You ma dream retir assets fully protected? Help protect your nest egg. hrc Thomas J, Nelson, CLU Thomas J. Nelson & Associates www.TomNelson.net (315) 738-2602 teers are needed to speak to classes on Thursday, May 3, as part of the week-long recognition of Law der at 793-2377 to volunteer. Many thanks to all who have volunteered for Subject Requested Tax, Tort, General Juvenile criminal & cor Criminal procedure Prosecution & Related General Criminal procedure General Prosecution & Related Legal field/education requirements Tax, Tort, General General Tax. Tort, General Gov't Careers, criminal procedure Tax, Tort, General General V1510N Pec ete Rt Cor) er ‘That's why TFG CPAs joined bme (Beard Miller ane erly TFG CPAs) takes creating y Gate eee emma a Rss a Bree eee see the solut ee CetPage 6 Planning for Retirement? Stop by the Oneida County Law Library at 235 Flizaheth Street, Utica, New York and review the following publications: Planning ahead: Establish an Advance Exit Plan to Protect Your Clients’ Interests in the Event of Your Disability, Retirement or Death, published by the New York State Bar Association, copyright 2008. Planning Ahead for Solo Practitioners and Small Firm Lawyers: Closing, Transferring or Selling a Law Practice and Planning for a Successful Retirement, published by the New York State Bar Association Committee on Law Practice Continuity copyright 2007 Report and Recommendations on Mandatory Retirement Practices in the Profession, published by the New York State Bar Association, January, 2007, These publications can be found behind the reference desk at the library. Thank you to Donna J. ‘Case, Esq. who donated these publications to the Law Library after aitending the New York State Bar Association meeting in New York City March 2007 OCBA Pictorial Directory: There are additional copies of the 2006 Centennial Pictorial Directory available at the Bar office. Send check payable to the Oneida County Bar Association in the amount of $20.00 for each directory Continuing Legal Education: You should have received your 2007 Spring CLE schedule and registration mailing. It is also posted on our website sngidacountybar.com or call 724-4901 Oneida County Bar Association's Lawyer Assistance Committee: Tim Foley 733-7549 or 724-4901 or Patricia Spataro of the New York State Bar Committee, 1-800-255-0569. Allcalls are strictly confidential b Section 499 of the Judiciary Law. AMES STAPLE Eales neat New York BUSINESS satin PRODUCTS ea * Your Single Sacro Lagat, Comin ana Wers Processing Suptes 1-900-462-8481 FAX (716) 685-8758 COURT REPORTING, INC. ‘24-7 Online Repository : “One Call Truly Does It All” A -888.ACR.3335 ° I 800.862.4206 (Fax) info@acrdepos.com * scheduling@acrdepos.com * www.actdepos.com Serving Your Legal Needs¥Since 1996 ban ‘rely, anytime and anywhere, using our Online Repository*Page? Fourth Department Grievance Issues ‘The Fourth Department has issued the digests of fact patterns resulting inthe issuance of Letters of Caution and Letters of Admonition to attorneys for the period from May 2005 to March 2006. The complete report may be accessed on the Fourth Department's website at wwwanyeourts.govads. A Letter of Caution is a nondisciplinary disposition of a complaint, which informs the attorney that the spire if not the letter of the ethical standard has been violated. A Letter of Admonition is a form of nonpublic disciptine declaring the conduct of the lawyer improper, but does not limit the right to practice, In the Letters of Caution, attomey neglect in the prosecution or defense of acase was cited most frequently. in the report with 32 digests exemplifying conduct below the ethical standard. Next in number was the failure to communicate with clients. Examples of this violation were found in 17 digests. Offen both of these violations were found in the same digest, suggesting that neglect and failure to communicate isco-terminus in strained attoney- client relations. A variant of the failure to communicate is the conflict of interest. In this, the attorney has failed to communicate to the client that he has represented an interested party in prior litigation. Eleven digests provided examples of conflicts of interest. There were also 11 examples of improprieties in monetary transactions, The repot cited numerous examples of failure to comply with procedures for Attorneys in Domestic Relations Matters at 22 NYCRR Part 1400. These Violations were manifested in many ways, including failures to provide clients with retainer agreements and Statements of Client's Rights and Responsibilities, to provide retainer agreements which complied to the fequirements of the rules, 10 provide itemized billing statements at least every 60 days, or to provide notices to arbitrate fee disputes Failures to adhere to orderly administration of the courts and grievance committees were also prevalent in the report. There were six attorneys wha failed to cooperate with the grievance committee and five attorneys who failed to pay registration fees on time. The following violations were fewer in number, but nonetheless important to report. Four fact digests provided examples of law office failure and failure 10 supervise employees. ‘There were also several examples of conduct exemplifying a lack of respect for the client, the eourt and legal process, the opposing party and counsel, and the attorney him/ or herself. There were several examples of the failure to release a file to the client and ane example of failure to investigate the facts of the client’s case. One. March 2007 glaring violation was improperly soliciting. from @ client a release of liability Lack of respect for the court and legal process was indicated in two digests reporting abuse of process and misrepresenting facts to the court. One attorney improperly obtained an interest in his or her client's case. There were two examples of lack of respect for the ‘opposing party and counsel. In one digest the attomey improperly contacted an opposing party who was represented by counsel, In the other digest the attomey contacted an employee of an adverse corporate client, which corporation was represented by counsel. Lastly, there was an attorney who engaged in criminal conduct, (misdemeanor DWI), damaging himself or herself, ‘There were various other violations reposted in dipests 17, 19, 23, 24, 33, 38, 51, 60, 70, 80 and the reader is referred fo the Fourth Department's website for details The digests of 14 Letters of Admonition were reported. Three of these were given to attomeys with prior disciplinary histories, (Fact Digests 2, 3, and 5). These attorneys were primarily cited for neglect and one was also cited for failure to cooperate with the grievance ‘committee, Two attomeys were cited for neglect to the point of compromising their client’s case (Digests 7. 11). One attorney was admonished for misrepresentations made in the solicitation of prospective clients, which included language that results were guaranteed (Digest 12). Two attomeys were admonished for aggravated and repeated noncompliance with registration requirements, (Digests 4, 8). Another two attorneys were cited for improprieties with monetary transactions (Digests 1, 6) Three attorneys received Letters of Admonition for criminal conduct (Digests 9, 13, 14), Finally, the attomey whose conduct is reported in Digest 10 has the dubious distinetion of being cited for four violations in one digest including neglect, failure to communicate. rmistepresentations to clients and failure to cooperate with the Grievance Committee, ‘dvantage bstract Company, Inc 258 Genesee Street, Suite 309 Utica, New York 13502 (315) 732-0324 (315) 732-1451 Fox Contact: Chad Davis of Dennis Zogby forall your Abstract and Title Insurance needs “We promise competent and ecient service”Ne eee sees See and Serious Personal Injury Litigators vite et -On ued aN Onn iva ‘Bei80d sn pepuels, eUos-Old e6Ly-20S81 AN 'VOLLN 18 33 N3q%09 ® GOO! rm 007 ’ N3G1O9 M SONSUMVT 1 up ia nn o1o9-Pze (STE: NOLLVIQOSSV AVA ALNNOD Vara ae en elo osrreqcruMosEpLoUO uso3"28qSjunoseplauepounp EXO + LOGP-PTL (STE reser AN ‘wna aang 9999829 gov NO OM wears ruoud zoe anms ¢ he Ber call $15.422.2783 or 1800 525,ca88