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Journal
NEW YORK STATE BAR ASSOCIATION
APRIL 2020
VOL. 92 | NO. 3
COVID-19 Upends
the Legal Community
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1.800.582.2452 Mention Code: PUB9337
Journal
NEW YORK STATE BAR ASSOCIATION
COMMITTEE ON
COMMUNICATIONS
AND PUBLICATIONS
Prof. Michael L. Fox, Chair
Kelly McNamee, Esq, Vice Chair
Samuel F. Abernethy, Esq.
Prof. Hannah R. Arterian
Marvin N. Bagwell, Esq.
Jacob Baldinger, Esq.
Brian J. Barney, Esq.
Mark Arthur Berman, Esq.
Earamichia Brown, Esq.
Katherine Dandy, Esq.
Hon. Janet DiFiore
Michael W. Galligan, Esq.
Sarah E. Gold, Esq.
Ignatius A. Grande, Esq.
Mohammad Hyder Hussain, Esq.
Prof. Michael J. Hutter, Jr.
Hon. Barry Kamins
Elena DeFio Kean, Esq.
Paul R. Kietzman, Esq.
Daniel Joseph Kornstein, Esq.
Ronald J. Levine, Esq.
Peter H. Levy, Esq.
Julia J. Martin, Esq.
Gary R. Mund, Esq.
Marian C. Rice, Esq.
Vist the David H. Tennant, Esq.
PUBLISHER
Coronavirus (COVID-19) Pamela McDevitt
Executive Director
Information Center
NYSBA CHIEF
COMMUNICATIONS
STRATEGIST
Susan DeSantis
MANAGING EDITOR
Dan Weiller
Get the latest
Senior Director of Communications
PRODUCTION EDITORS
Pamela Chrysler
Courts Alyssa Colton
DESIGN
Latest News and Information Lori Herzing
Erin Corcoran
Christine Ekstrom
CLE Programs COPY EDITORS
Alex Dickson
Informational Webinars (Non CLE) Reyna Eisenstark
Howard Healy
NYSBA Updates and Cancellations EDITORIAL OFFICES
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Contents Journal
NEW YORK STATE BAR ASSOCIATION
APRIL 2020 VOL. 92 | NO. 3
16 COVID-19 Upends the Legal World
by Kathleen Lynn
In this issue: Departments:
22
Covid-19’s Impact on Commercial 5 President’s Message
Transactions and Disputes
by Stephen P. Younger, Muhammad Faridi, and 7 State Bar News in the Journal
Timothy Smith 54 Attorney Professionalism Forum
26
New York Can Lead World in Fighting
by Vincent J. Syracuse, Esq.,
Climate Change Maryann C. Stallone, Esq., and
by Michael B. Gerrard Alyssa C. Goldrich, Esq.
30
The Arc of Hazardous Waste Cleanup:
59 Classifieds
From Superfund to Brownfields 60 Marketplace
by David J. Freeman and Larry Schnapf
61 2019–2020 Officers
34 H
elp Wanted: New York Needs More Lawyers – 62 The Legal Writer
in Rural Areas by Gerald Lebovits
38 The Unified Court System’s Guide to N.Y. Evidence
by William C. Donnino
40
Administration of Special Needs Trusts:
Development of an Improved Approach (Part III) The Journal welcomes articles from members of the legal profession on
subjects of interest to New York State lawyers. Views expressed in articles
by Edward V. Wilcenski and Tara Anne Pleat or letters published are the authors’ only and are not to be attributed
to the Journal, its editors or the New York State Bar Association unless
46 An Indispensable Resource for Commercial Litigators expressly so stated. Authors are responsible for the correctness of all
citations and quotations. Contact the managing editor for submission
Reviewed by Bernice K. Leber guidelines. Material accepted may be published or made available through
print, film, electronically and/or other media. Copyright ©2020 by the
New York State Bar Association. The Journal ((ISSN 1529-3769 (print),
48 Induced Patent Infringement ISSN 1934-2020 (online)), official publication of the New York State Bar
by James A. Johnson Association, One Elk Street, Albany, NY 12207, is issued nine times each
year, as follows: January/February, March, April, May, June/July, August,
September/October, November, December. Single copies $30. Library
subscription rate is $210 annually. Periodical postage paid at Albany, NY
and additional mailing offices. POSTMASTER: Send address changes per
USPS edict to: One Elk Street, Albany, NY 12207.
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P R E S I D E N T ’ S MESSAGE HENRY M. GREENBERG
Our Finest Hour
O ur entire society is in the throes of a historic public
health crisis. Our lives have been upended, and the
legal profession is not immune. As the state and federal govern-
legal issues aris-
ing from the
crisis. Many of
ments work to contain the novel coronavirus (COVID-19), it our coronavirus-
continues to race across the nation and globe, leaving a trail related webinars
of hardship and suffering in its wake. Here in New York, the are offered for
epicenter of the pandemic, the virus has forced mass cancel- free to members.
lations, curtailed our travel and compelled businesses and NYSBA has
schools to close indefinitely. Most of us are cloistered at home updated and
in hopes of “flattening the curve” of infections and preventing reissued a com-
our already stressed health care system from being completely prehensive book
overwhelmed. on the state’s
The New York State Bar Association is meeting this unprec- public health
edented challenge head-on. Leaders and staff are working laws entitled
around the clock to help our members and the public. Rather “New York State
than shut down, we stepped up. No bar association is provid- Public Health
ing more services or engaging in more effective advocacy for Legal Manual: A Guide for Judges, Attorneys and Public
the betterment of the profession. Health Professionals.” The book, issued in collaboration with
To paraphrase Winston Churchill, this is our finest hour. the New York State Office of Court Administration, examines
the law governing the containment of communicable diseases,
Here are just a few examples of the work being done to address including pandemics like the one we now face.
the challenges presented for lawyers by COVID-19.
We have also sought to educate the public about the laws that
Information Center govern a public health crisis. NYSBA leaders have been cited
and quoted in numerous news outlets on the complex civil
Because COVID-19 forced most lawyers to hunker down
liberties dimensions of the crisis.
at home, it forced us to shift our law practices from real to
virtual. NYSBA was well positioned to support and assist our Only when we are armed with accurate and timely informa-
members. tion can we make smart decisions that will best prepare us to
represent our clients, serve our communities and do the public
This past June we launched an all-out effort to complete
good. NYSBA is providing our members with the information
construction of a “Virtual Bar Cente r” – a digital platform
they need to navigate the crisis.
where attorneys across the street and around the world are just
a click away on their computer or smart phone from access- Emergency Task Force for Solos & Small Firms
ing NYSBA’s services and benefits. To do this, we overhauled
our operating systems by creating a new website, adding state Solo practitioners and law firms of fewer than 10 attorneys
of the art e-commerce technology, enhancing the quality and comprise more than half of NYSBA’s membership. COVID-19
reach of our communications capacity and digitalizing all is having a devastating impact on these practitioners, many of
publications. whom have limited financial resources to draw upon during
the crisis.
When we were forced to close the Bar Center at 1 Elk Street
in Albany, our Virtual Bar Center was open for business and To provide immediate assistance, we have established an emer-
could be operated remotely. In just a week, we converted gency task force comprised of a distinguished group of lawyers
NYSBA’s website, social media outlets and other digital plat- and judges from around the state. The task force is chaired by
forms into the most robust COVID-19 information center Domenick Napoletano from Brooklyn and June Castellano
of its kind for lawyers. Our members are kept up to date on from Rochester, both solo practitioners themselves. This body
the latest information – including court notices, summaries of is focused like a laser beam on the needs of solos and small
new directives and laws, and other developments – through a firms and will make recommendations to get them help as
continuous stream of e-mail alerts, podcasts, real-time posts on quickly as possible.
social media and original news stories. Statewide Pro Bono Network
At the same time, we have provided a record number of NYSBA has been in communication with senior officials in all
online CLE programs and webinars that address the unique three branches of government throughout the crisis. Lawyers
New York State Bar Association 5 Journal, April 2020
P R E S I D E N T ’ S MESSAGE
have always led in times of crisis and policymakers are turning date, as soon as possible around Labor Day. Second, if circum-
to us for ideas, assistance and support. stances make a fall bar exam impossible, then graduates should
In late March, NYSBA and the Office of Court Administra- be allowed to engage in certain law practice under practice
tion announced a partnership to support and coordinate a orders, with the supervision of licensed attorneys. Third, a
statewide pro bono network of lawyers to handle the expected one-time general waiver should be granted to all law schools
surge in legal cases resulting from the coronavirus pandemic of the Court of Appeals’ limits on distance learning credits for
and the ensuing economic fallout. New York’s network of pro applicants to the New York bar, so that students completing
bono and institutional legal service providers was strained law school this year would not be penalized due to widespread
prior to the pandemic and will not be able to handle the social distancing measures implemented by their law schools to
expected onslaught of virus-related cases unaided. Thousands stop the spread of the coronavirus.
of New Yorkers will need help with a wide range of legal issues, In less than 48 hours, the Court of Appeals adopted all three of
including those arising from unemployment, evictions, family the task force’s recommendations. That action is a testament to
emergencies and claims by creditors. We will support legal aid the extraordinary leadership of the task force’s chair, Hon. Alan
societies and other institutional providers by matching pro Scheinkman, presiding justice of the Appellate Division, Sec-
bono attorneys with the anticipated overflow of clients. ond Department, and diligence of his colleagues. It also speaks
The partnership between NYSBA and the state court system will volumes about the esteem with which NYSBA is regarded by
seek to ensure that all indigent New Yorkers are able to exercise the court system’s leaders.
their right to legal counsel at a time when the demand for legal Attorney Well-Being
services will be higher than ever. As a first step, we will convene
meetings of the state’s bar associations, large law firms, the heads The COVID-19 outbreak is not only a threat to lawyers’
of law school clinics, institutional providers of legal services and physical health and law practices. It is also taking a toll on their
others for the purposes of assembling a network of pro bono law- emotional well-being. In this time of fear and isolation, many
yers who can be rapidly dispatched to help those in need. Former are experiencing anxiety and depression.
Chief Judge Jonathan Lippman has agreed to spearhead the effort. To help judges, attorneys and law students cope with the cri-
In times of crisis, lawyers and law firms have always met their sis, NYSBA is offering confidential support groups being held
professional obligation to protect the rights of those who can- weekly via videoconference. The group is facilitated by Libby
not afford an attorney. We saw that during 9/11. We saw that Coreno, the chair of the Attorney Well-Being Committee, and
in 2017, when thousands of lawyers mobilized at the nation’s Kerry O’Hara, a psychiatrist. Each group session is organized
airports in response to President Trump’s attempt to ban entry with an overarching theme for discussion. All participants are
into the United States by people from predominantly Muslim given the opportunity to share if they wish, with supportive
countries. We are seeing that again now. conversation to follow.
Enhanced Advocacy Looking to the Future
NYSBA has ramped up its advocacy efforts on multiple fronts. An old adage holds that “this too shall pass.” And it shall. We
We joined the chair of the state Senate Judiciary Committee, have been here before. Just as NYSBA has weathered dangerous
Brad Hoylman, and other lawmakers in calling for Governor storms in the past – including two World Wars and the Great
Andrew Cuomo to toll all statutes of limitations for the dura- Depression – so too we will overcome the current crisis.
tion of the coronavirus disaster emergency. Our motive was That said, the coronavirus pandemic is an inflection point.
simple: litigants and attorneys should not have to choose Trends long underway in the practice of law have been acceler-
between placing themselves at risk of exposure to the corona- ated. With respect to the use of technology, for example, the
virus or pursuing civil and criminal justice. profession has experienced more change in just the past few
Within two days of our announcement supporting this mea- weeks than it has in the past few decades. It does not require
sure, the Governor signed the executive order. prophetic powers to know that, when the crisis passes, tradi-
tional face-to-face encounters with clients and others will be
In a similar vein, NYSBA has battled for graduating law stu- less necessary as remote options become the norm. I am confi-
dents, many of whom carry massive student loan debts and are dent that soon technology-enhanced courtrooms will become
facing declining job opportunities as a result of the pandemic. commonplace from Niagara Falls to Montauk.
Adding to their stress is the uncertainty over when they would
be able to take the bar examination in New York. On March The New York State Bar Association is now an agile techno-
23, I charged our Task Force on the Bar Examination on an logical powerhouse. That is a good thing, because never in the
emergency basis to consider how the state should handle the association’s storied history has our voice and leadership been
examination during the coronavirus crisis. In a week, the task more desperately needed. Our response to the COVID-19
force produced a cogent report that made three recommenda- crisis proves that we are up to the challenge.
tions: First, that the July bar exam be rescheduled for a later Be well. Stay safe. Remember: we are here for you.
Henry M. Greenberg can be reached at hgreenberg@nysba.org
New York State Bar Association 6 Journal, April 2020
N EW YO R K S TAT E B A R A S S O C I AT I O N
State Bar News
NYSBA Creates Online Coronavirus
Information Center
With the shutdown of all-but-essen-
tial businesses in New York State and
the transformative impact it is having
on the legal profession, the New York
State Bar Association (NYSBA) has
launched a comprehensive one-stop
webpage that will be updated contin-
uously to serve as a resource for mem-
bers, policymakers and journalists.
“As courts and the legal profession
respond to the unprecedented chal-
lenges presented by the coronavirus,
it’s imperative that we provide real
time access to the latest informa-
tion,” said NYSBA President Hank
Greenberg. “Our goal is to keep our
members, the legal community and
the general public as well informed
as we can. Only when we are armed
with accurate and timely information
can we make smart decisions that
will best prepare us to represent our
clients, serve our communities and
do the public good.”
NYSBA’s coronavirus information
center page – nysba.org/covid-19-
information-updates/ – is a com-
prehensive virtual resource, featur-
ing the latest articles, memos, links
and directives. It also includes details
on NYSBA CLE webinars on legal
topics relating to the coronavirus
as well as non-credit informational
webinars that are offered at no charge
to NYSBA members. Breaking news also appears on NYS- ual: A Guide for Judges, Attorneys
BA’s social media accounts on Twit- and Public Health Professionals.” The
The coronavirus information cen- ter, Facebook and LinkedIn. book examines the law governing the
ter also includes materials dedicated containment of communicable dis-
to helping members maintain health Additionally, in collaboration with
the Office of Court Administration, eases – including pandemics like the
and wellness during the coronavirus one we now face.
public health emergency, as well as NYSBA is updating and reissuing a
links to a range of court, govern- comprehensive book on the state’s Find more information at
ment and information sites and other public health laws entitled: “New nysba.org/covid-19-information-
online resources. York State Public Health Legal Man- updates/.
New York State Bar Association 7 Journal, April 2020
State Bar News
NYSBA CLE April & May Webinars
By Brendan Kennedy Already one of the highest stress, • Insuring last wills, revocable liv-
competitive and highly demanding ing trust express current wishes.
Social distancing to slow the spread professions, lawyers must now adjust Register for this program at https://
of the coronavirus has forced the legal to remote work, reduction in case- nysba.org/events/pandemics-and-
community to adjust to a new real- load, and for those small firm and planning-the-documents-every-attor-
ity of working from home, meeting solo practitioners, a loss of income. ney-should-have-webinar/.
via videoconference, and even deal- The stress, worry and anxiety that
ing with court proceedings remotely. stems from our day-to-day lives takes
NYSBA CLE programs recognize this a toll on productivity, creativity, pro- RECENTLY ENACTED
new reality, with webinars that make fessional responsibilities and personal LEGISLATION
CLE programs available wherever you relationships.
are. N.Y. SHIELD ACT: NEW DATA
In this hour-long webinar, members
NYSBA is presenting CLE webinars will learn: PRIVACY REQUIREMENTS
in the coming weeks and months FOR BOTH CLIENTS AND
• Tips for managing stress, worry,
on a wide range of topics and issues, LAWYERS
anxiety and how to use mind-
including the coronavirus and its fulness to boost your immune MAY 13, 12 P.M.
impact on attorneys’ professional and system.
personal lives. 1.0 MCLE in Credit Professional
• How to maintain social connec- Practice
An important reminder: In response tions via electronics to prevent Sponsored by Committee on Law
to social distancing measures now in loneliness. Practice Management
place across New York State, the Uni-
fied Court System’s CLE Board has • How to control stress and help Passed in July 2019, the New York
temporarily implemented changes to improve productivity, creativity Stop Hacks and Improve Electronic
allow attorneys admitted for two years and the ability to uphold ethical Data Security (SHIELD) Act requires
or less to earn Skills CLE credits via responsibilities as an attorney. businesses to build in reasonable safe-
videoconference. So, some programs Register for this program at https:// guards to protect private information
that previously required in-person nysba.org/events/mindfulness-for- of New York residents. The law also
attendance can now be completed via lawyers-in-a-time-of-stress-webinar/. expanded New York breach notifica-
webinars. tion requirements and the law pro-
PANDEMICS AND vides mandates on how to secure sen-
NYSBA also offers hundreds of on- sitive information in the digital age.
demand CLE programs. Get more PLANNING: THE
information and register at https:// DOCUMENTS EVERY This hour-long program will look
nysba.org/cle-programs/. ATTORNEY SHOULD HAVE into:
NYSBA webinars in April and May APRIL 23, 12 P.M. • What a data breach actually is
include: 1.0 MCLE Credit in Professional • How New York defines ‘private
Practice information’
CORONAVIRUS RELATED
Sponsored by Senior Lawyers • Best practices for handling sensi-
PROGRAMS Section tive information
MINDFULNESS FOR Learn best practices and the impor- • Tips on how to begin a compli-
LAWYERS IN A TIME OF tant documents that will make it ance program at your law firm
STRESS more effective to protect employees, • Steps to take to prepare for a
APRIL 16, 1 P.M. customers and partners during this data breach.
pandemic, including:
1.0 MCLE Credit in Professional Register for this program at https://
• The importance of a health care nysba.org/events/the-ny-shield-act-
Practice proxy, living will and HIPAA
Sponsored by Committee on Law new-data-privacy-requirements-for-
authorization form. both-clients-and-lawyers-webinar/.
Practice Management
New York State Bar Association 8 Journal, April 2020THE NEWS IN THE JOURNAL
Here for You, Wherever You Are
DIVERSITY & INCLUSION IN Register for this program at https:// STARTING A SOLO
THE WORKPLACE nysba.org/events/cultural-diversity- PRACTICE IN NEW YORK
in-americas-military-live-webcast/. 2020
A GUIDE TO DIVERSITY AND MAY 1, 9 A.M.
INCLUSION IN THE 21ST THE LAWYER AS EMPLOYER:
CENTURY WORKPLACE DIVERSITY IN THE LAW FIRM 3.0 MCLE Credits in Ethics and
APRIL 16, 11 A.M. WORKPLACE Professionalism
APRIL 21, 12 P.M. 4.5 MCLE Credits in Law Practice
1.0 MCLE Credit in Diversity Management
Inclusion, & Elimination of Bias 1.0 MCLE Credit in Diversity, Sponsored by Committee on Law
Sponsored by Committee on Diver- Inclusion & Elimination of Bias Practice Management
sity and Inclusion Sponsored by Committee on Law
Practice Management This all-day program will provide an
This program will allow attorneys, overview
cutline of what it takes to own your
judges and business executive to navi- This program will discuss ways to own practice. Whether you are con-
gate the major issues of diversity talk and think about diversity in your sidering opening up your own firm
and inclusion in the 21st century. firm by becoming familiar with fed- or a recent law school graduate just
Members will review the provisions eral, state and local laws that prohibit starting your career, you’ll get practi-
within federal and state law concern- discrimination and harassment in the cal and useful tips on everything from
ing the areas of anti-discrimination, workplace. Practical steps will also be setting up bank accounts and choos-
anti-harassment, and anti-retaliation. given so that firms are able to com- ing an office space to navigating the
There will be a discussion about pro- municate its commitment to diver- ethical issues of using the internet to
tection for sexual orientation, equal sity and inclusion, the importance of market your practice.
pay and the current status of the fed- investigating internal complaints and
training now required under state and Register for this program at https://
eral Equal Rights Amendment. nysba.org/events/starting-a-solo-
local law.
Register for this program at https:// practice-in-new-york-2020-live-web-
nysba.org/events/a-guide-to-diver- Register for this program at https:// cast/.
sity-and-inclusion-in-the-21st-cen- nysba.org/events/the-lawyer-as-
tury-workplace-webinar/. employer-webinar/. LEGAL PROJECT
MANAGEMENT 2020
CULTURAL DIVERSITY IN MAY 7, 12 P.M.
PRACTICAL TIPS FOR
AMERICA’S MILITARY
LAWYERS MCLE Credit in Law Practice
APRIL 17, 10 A.M.
Management
1.0 MCLE Credit in Professional
10 TIPS TO HELP GROW
Sponsored by Committee on Law
Practice YOUR PRACTICE Practice Management
1.0 MCLE Credit in Diversity, APRIL 29, 12 P.M.
Learn techniques you can use to
Inclusion & Elimination of Bias improve the delivery of legal ser-
1.0 MCLE Credit in Law Practice
Sponsored by Committee on Veter- vices and become more efficient in all
Management
ans aspects of legal project management.
Sponsored by Committee on Law
This virtual roundtable discussion, Practice Management Panelists will also provide members
featuring a diverse panel of current an overview of how firms can meet
Whether you are a solo practitioner
and former service members from client demands for greater efficiency
or an associate at a 100-lawyer firm,
different branches of the military, and predictable spending.
it’s never too late to learn new skills.
will provide an overview of military Register for this program at https://
This program will give members 10
cultures and the differences in each. nysba.org/events/legal-project-man-
tips for improving tech and produc-
Members will learn how to apply sen- agement-2020-webinar/.
tivity.
sitivity to cultural differences when
representing and working with mili- Register for this program at https://
tary or veteran clients. nysba.org/events/10-tips-to-help-
grow-your-practice-webinar/.
New York State Bar Association 9 Journal, April 2020State Bar News
How to Work Remotely With Your
Kids Around…and Not Lose Your Mind
By Brandon Vogel Hanna, is working from home with
three children, ages 2, 5 and 8.
berg. “Also, I get to connect with my
clients on a more basic, even thera-
Lawyers who are more accustomed His biggest challenge thus far is learn- peutic level; mostly checking in and
to e-filing cases in recent weeks have ing how to teach elementary school making myself available to them.”
been using those skills to e-file their while keeping up with his caseload. His primary challenge is negotiating
children’s homework via Google a schedule with his wife as well as
Classroom. Rosborough says, “Because all of their
work now comes through Google dealing with his son’s boredom and
Others improved their oral advocacy Classroom, my wife and I are the cabin fever.
skills through the help of their new ones to lead instruction and convince Describing her 12-year-old son as
full-time clients: teenagers. the kids to sit down and complete “not the most organized even dur-
With schools closed throughout New their daily work rather than focus on ing ordinary times,” Gina Calabrese,
York State and most attorneys work- their latest Lego build.” a professor at St. John’s University
ing remotely, several lawyers talked He appreciates that his morning com- School of Law, has experienced her
about how they are adjusting to the mute from Saratoga to Albany has share of challenges, such as making
new normal of meeting with clients been temporarily eliminated and that sure her son follows his usual morn-
virtually while homeschooling their he doesn’t have to race to court on ing routine. For his example, his
kids. a moment’s notice. He says the best English teacher noticed his unmade
part is “just being home with my kids bed during a Google Hangout session
We spoke to three attorneys with kids
as they’re growing up and not missing and promptly reprimanded him. Her
at all stages of life to get a sense of
any of the milestones I would have son often finishes assignments before
what they are experiencing and what
otherwise while I was in the office.” the end of the period. “Online school
strategies are and aren’t working, as
doesn’t happen on auto-pilot,” said
well as present us with both sides of Evan S. Rosenberg, a special edu- Calabrese. “Parents need to monitor
their cases. cation lawyer in New York City, progress.”
The good, the bad, the new normal is home with a 16-month-old son.
“The quality time with my son has She has appreciated being able to help
Robert Rosborough of Albany, a part- actually been pretty wonderful, a her son with schoolwork and hav-
ner with Whiteman Osterman & major oxytocin rush,” said Rosen- continued on page 12
New York State Bar Association 10 Journal, April 2020THE NEWS IN THE JOURNAL
Easing Stress While Working
from Home
By Brandon Vogel or sources that are creating feelings of
anxiety or dread. You can always go
Follow a routine while working at
home.
New to working from home? Unfore- to their individual pages if you wish Keeping a routine during your work-
seen challenges in working remotely? and after this crisis you can unmute day will help you maintain a sense
NYSBA Lawyer Assistance Program them again. There’s no reason to of normalcy and control over your
Director Stacey Whiteley offers these bring more negativity into your life time. If you usually wake up at 6:00
tips to help ease anxiety and stress at this time. a.m. on a regular workday, aim to
while working from home. Google provides a number of free continue to wake up at that time.
Stay connected to your colleagues, services, including video chatting, If you usually take a lunch break at
to the profession, and to family and that will allow you to see your friends 1:00 p.m., continue to do that and be
friends. and family and stay in touch. Most sure to make it an actual break; don’t
businesses use video conferencing ser- eat in front of your laptop or take
Use the many services that are available vices as part of their daily work. Take calls during this time. If you have
online to help ease feelings of isolation. advantage of these services to stay in regular staff meetings on Monday at
Twitter, Facebook, LinkedIn, Insta- contact with your staff, colleagues, 10:00 a.m., continue that practice
gram, and Snapchat all provide easy and clients. over Zoom or Skype.
contact with others to stay in touch,
check in with one another, and keep NYSBA and other bar associations are Limit your time checking the news to
up with the news. Be careful though offering webinars covering a number specific times during your workday.
and make sure your feeds aren’t over- of legal topics. Commit to attending Once in the morning and once in
these webinars to keep informed and the afternoon during your workday
whelming you with bad news.
engaged in the profession. should provide you with enough time
Take time to curate your friends and
follow lists; mute or unfollow friends continued on page 12
New York State Bar Association 11 Journal, April 2020State Bar News
HOW TO WORK REMOTELY urgent email we need to respond to be flexible and patient not only with
WITH YOUR KIDS AROUND… before the end of the workday, etc. the kids but also yourself. If you can
AND NOT LOSE YOUR MIND That’s led to a few very late dinners, work remotely, that work can be done
continued from page 10 even though we are all home,” said at any time,” said Rosborough. “Take
Calabrese. “You can log back on later 30 minutes in the middle of the day
ing more meals together as a family. or get up a bit earlier in the morn- to go play basketball with the kids in
There are less logistics involved now ing.” the driveway or go exercise. Breaking
with his care and sports practices. up the day will be very important.
And he now has more time to enjoy She also advised families to have des-
his hobbies like cooking. ignated areas of the house for each “Let go and accept that things are
family member’s office or classroom. beyond your control,” said Rosen-
Pro tips “Then, when you must focus or have berg, who also emphasized expressing
Calabrese has found that having a privacy, boundaries are clear,” she love for your kids and patience. “Also,
schedule and structure has been “good explained. it helps to simply explain to your cli-
for everyone.” She recommends hav- Rosborough says to “be flexible.” ents upfront that you have a responsi-
ing a hard stop time to step away “Regimented schedules are fine, but bility to your family right now.”
from work. “There’s so much coming when we’re transitioning into this
at us these days, and always one more new reality, it’s most important to
EASING STRESS WHILE Fonda workouts, strength training – and lets your group chat and watch
WORKING FROM HOME just about anything and everything the movie together, with the ability
continued from page 11 is available. This site shares a num- to stop and play back portions of the
ber of these online resources: https:// movie you’re watching.
to catch up on what’s going on. If makeyourbodywork.com/how-to-
exercise-at-home/. Moving your body Be kind to yourself.
you regularly go to the gym or for
a run after work, continue to plan helps clear your mind, increases your These are unprecedented times we
on getting those work outs done at feelings of wellbeing, and gives you a are in. Every day brings new changes
your home. Going for runs or walks moment to focus on yourself and not to our lives. People are home, kids
is absolutely okay and can clear your on the news or work. are home, and our new “normal” is
mind and help you feel better. unfolding in real time. We are all
Take a break. doing our best in circumstances we’ve
Move your body as best you’re able. There are free online concerts, online never faced before, so don’t feel that
This is vitally important. Going for a museum tours, free Broadway shows, you need to be on top of everything
walk, a run, watching an old exercise and operas being streamed daily. Links every second of every day. Let your-
video or something on YouTube, hav- can be easily found by googling “free self take time to pat yourself on the
ing a dance party in your kitchen, or online concerts/Broadway shows,” back for doing all you can do right
breaking out that long unused piece etc. Relax and take the time to enjoy now and having the ability to con-
of gym equipment stuck in the corner these cultural experiences. tinue to do the next right thing.
is exactly what you should be doing. Netflix is providing watching parties, Seek help.
There are also plentiful online exer- so you can remotely watch shows and
movies with a group of friends. It’s If you are struggling with your mental
cise classes to be found for free right health and feeling overwhelmed and
now: yoga, barre, old-school Jane a free download (netflixparty.com)
helpless, seek help. You can call NYS-
BA’s LAP Helpline at (800) 255-0569
ATTORNEY WELL-BEING or call the Mental Health Association
of New York State’s Helpline for
COMMITTEE mental health resources in your com-
munity at (800) 766-6177. Although
Lawyer to Lawyer Roundtable many in-person meetings have been
Weekly on Thursdays at 4pm via Zoom suspended right now, counselors and
therapists are working with clients
New York State Bar Association’s Attorney Well-Being Committee and Lawyer Assistance
over the phone or through video
Program have launched a new program for attorneys who are struggling emotionally
during these anxiety inducing times. chat. Don’t hesitate to seek help – it
is available.
New York State Bar Association 12 Journal, April 2020THE NEWS IN THE JOURNAL
No Need for Social Distancing in
NYSBA’s Online Communities
By Brandon Vogel
When New York Governor Andrew
Cuomo issued an executive order
allowing notarial services via video-
conference in the wake of the corona-
virus, some attorneys wondered how
to get started.
One attorney posed this question
on NYSBA’s very active Trusts and
Estates Law Section online commu-
nity. Dozens of responses quickly
poured in about how to handle this
seismic shift in practice, from nuanc-
es to consider when signing affidavits
to how to secure your Zoom account,
as well as creative tips to handle form
signings in person following social
distancing guidelines.
NYSBA has become a virtual bar cen- Interested in learning more about the events. Like our discussion boards,
ter, and our online communities are communities? Here are three things every file is stored and searchable.
a prime example of that – especially you should know: You can also send files straight from
when nearly all lawyers are work- your email and they will go into the
ing remotely. Members are using the You don’t have to log in to post or community library.
communities more than ever before: respond to messages.
Discussions have more than doubled Opt-in Communities
At the top of each community email,
compared with the same period in We auto-subscribe all members of
you will see the name of your com-
2019, and 54% more members are sections and committees to their
munity and underneath a “Post New
contributing. communities, but we also host an
Message” function. Similarly, on
Our solo and small-firm practitio- each message, you can hit “Reply opt-in community related to legal
ner members have long relied on to Group” or “Reply to Sender” via technology. Here, members can post
these communities to connect with email to respond to a specific post. questions about software, latest tech
their colleagues down the virtual hall- It will pull up a blank email form for developments, and anything that
way. They have provided members you to respond from; the message will helps your practice through technol-
with quick answers to their press- also be posted online directly from ogy. To get started, go to communi-
ing questions that they might not your email. Community messages ties.nysba.org and go to the Groups
otherwise obtain. They are a secure, are set up differently than listserve Tab. On the “Modify Communica-
effective and convenient way for emails, so there’s no mystery as to tion Settings” area, you can choose to
members across the globe to interact who sent you the message. receive notifications from this com-
with each other. As the coronavi- munity or change your settings for
rus public health emergency unfolds, Videos, photos and documents can other communities if you prefer.
we have seen substantive discussions be uploaded to the library.
Ready to connect with your col-
from members seeking guidance on The community supports a wide vari- leagues online? Visit https://commu-
paid sick leave; what qualifies as an ety of file types and any file up to 5 nities.nysba.org and join the discus-
essential service; and recommended GB can be uploaded. Sections have sion.
wellness tips to stay calm during this made great use of the community
time. libraries to post photos from their
New York State Bar Association 13 Journal, April 2020State Bar News
NYSBA Launches Initiatives to
Address Impacts of Coronavirus on
Legal Profession
NYSBA has launched two initiatives Domenick Napoletano in Brooklyn need to do what we can to support
– one in partnership with the New and June Castellano in Rochester. one another and ensure that we will
York State Unified Court System – The New York Bar Foundation, the not only meet this challenge but
to address the impacts on the legal association’s charitable arm, is also emerge from it stronger and more
profession of the coronavirus public creating a special fund to aid legal united than ever before,” said Chief
health emergency. service providers who are responding Judge Janet DiFiore. “I know that
to urgent new needs for legal repre- members of New York’s talented and
Assisting Solo Practitioners and big-hearted legal community are up
Small Firms sentation due to the crisis.
to the task, and I applaud NYSBA for
The COVID-19 Task Force to Assist NYSBA and New York Courts joining with us in this effort.”
Solo Practitioners and Small Firms Launch Statewide Pro Bono Net- “With New York City as the epicen-
will focus on meeting the needs of work ter of the pandemic and the econ-
these attorneys during the crisis and NYSBA is partnering with the New omy at a standstill, we are facing
afterward as well. Almost one in York State Unified Court System to unprecedented legal challenges that
four members of NYSBA are solo launch a statewide pro bono network will transform the profession and
practitioners and another 29% work of lawyers to handle an expected society as we know it,” said NYSBA
in small firms with fewer than 10 surge in legal matters resulting from President Hank Greenberg. “Lawyers
attorneys. the coronavirus pandemic and ensu- have always led in times of crisis
“COVID-19 is having a devastating ing economic fallout. and our state and profession needs
impact on solo and small firm prac- NYSBA’s leadership now more than
As a first step, the courts and NYSBA
titioners, many of whom have lim- ever before.”
will convene meetings of the state’s
ited financial resources to draw upon bar associations, large law firms, the New York’s existing network of pro
during the crisis,” said Hank Green- heads of law school clinics, institu- bono and public defense attorneys
berg, president of the New York State tional providers of legal services and were already strained prior to the
Bar Association. “The task force will others to assembling a network of COVID-19 pandemic. The courts
focus like a laser beam on these law- pro bono lawyers who can be rapidly and NYSBA are taking this action to
yers’ immediate needs, in addition to dispatched to help those in need. For- make sure that all New Yorkers are
helping them meet the challenges the mer Chief Judge Jonathan Lippman able to exercise their right to legal
profession will face when the crisis has agreed to spearhead the effort. counsel at a time when the need for
subsides.” legal services will likely be higher
“At this unprecedented moment in
The task force will be chaired by two than ever before.
our state and nation’s history, we all
solo practitioners – NYSBA Treasurer
New York State Bar Association 14 Journal, April 2020PODCAST
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NYSBA.ORG/PODCASTCOVID-19 Upends Lower revenues, job cuts likely By Kathleen Lynn
the Legal World
L aw firms are cutting jobs. Solo practitioners are
struggling to keep afloat. The July bar exam has
been postponed. And attorneys are figuring out how to
on court-assigned work, because the courts aren’t in ses-
sion except for emergency matters.
“They have no work, none. That has to be terrifying,”
work remotely, as New Yorkers and other Americans are Coreno said. Also suffering are lawyers who handle trans-
told to stay home. actions, which have slammed to a halt; and lawyers who
This is the new reality as New York’s legal profession do contract work when other law firms have an overflow.
faces the coronavirus public health emergency, which has The Attorney Well-Being Committee is sponsoring a
swept ruthlessly across the national and global economy, weekly conference call every Thursday with a clinical
with legal and business activity drastically slowed in an psychologist for attorneys affected by the shutdown,
effort to contain the pandemic. including some who worry that their practices cannot
“Some lawyers are completely without business,” said survive, Coreno said.
Libby Coreno, chair of NYSBA’s Attorney Well-Being The crisis has also landed hard on young lawyers and
Committee and general counsel to a developer in Sara- law students, many of whom are burdened with large
toga Springs. “They’re dealing with crushing amounts of amounts of student debt. The job market has suddenly
fear and anxiety.” taken a hard turn for the worse, with firms rescinding
“I have a lot of clients in the process of doing things that will have
to wait – like leasing a space or selling their business. While I’m still
getting new work, it’s going to be limited and may dry up.”
“The scale of the crisis and the impact on the economy – employment offers and eliminating summer associate
we have not experienced anything like this, I believe, in positions.
American history,” said NYSBA President Hank Green- And as if that’s not bad enough, the state bar exam sched-
berg of Greenberg Traurig in Albany. Even catastrophes uled for July has been postponed to the fall, delaying
like the Sept. 11 terrorist attacks and the 2008 financial the start of new grads’ law careers. Typically, more than
crisis didn’t force an abrupt halt in business and social 10,000 graduates take the New York exam each July,
activity worldwide, he pointed out. Greenberg said. A number of graduating law students
“A lot of law firms went from a year that was probably have asked to be allowed to practice under supervision
starting off quite well to being turned completely upside while they wait to take the exam.
down,” said Jim Cotterman, principal with Altman Weil “It’s an enormously stressful period for them,” Greenberg
Inc., a management consultant for law firms. said of law students and young lawyers.
Small firms are especially vulnerable, because they gener- NYSBA is taking other steps to respond to the crisis,
ally don’t have large financial reserves to get through hard including joining forces with the New York State Unified
times. NYSBA has set up a task force to help small firms Court System to set up a statewide network of pro bono
deal with the fallout of the shutdown. attorneys who will assist people hurt by COVID-19 and
“The economic and social lockdown amounts to a stran- its economic fallout.
glehold on operations and cash flow. Many small firms “The virus will present new challenges when we return to
have already begun making layoffs, and others plan to do our courthouses and adjudicate all the pending cases that
so within the next week or two,” said T. Andrew Brown have been postponed and new cases that will arise,” said
of Brown Hutchinson in Rochester, NYSBA’s president- Chief Judge Janet DiFiore.
elect designate.
“When the crisis subsides, we will have the greatest
The economic stimulus law recently signed by President demand for legal services that the state has ever seen,”
Trump includes aid to small businesses, and small law Greenberg predicted. Many people will be unable to
firms are trying to figure out if they qualify for help. But afford an attorney, he said.
Brown’s afraid many won’t survive long enough to get
the assistance. In a similar vein, the large New York City law firm Paul,
Weiss, Rifkind, Wharton & Garrison has created a Coro-
Many attorneys have already seen their incomes dry up, navirus Relief Center online portal, with information
Coreno said. The hardest hit include lawyers who depend about hundreds of aid programs, including federal, state,
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855-759-5284 | lawpay.com/nysbalocal and non-profit. It’s aimed at anyone affected by the everything and said we’ve got to wait to see how this plays
economic shutdown. out. A lot of firms now may have to wait for the business
“In this time of fear and isolation, it is imperative that the to come back in the door, and they may not be in a posi-
legal profession fulfill its professional obligation to help tion to hire right away.”
the most vulnerable members of our society, especially Gold expects her own practice to feel the impact.
as the impacts of this pandemic will be felt most acutely “I have a lot of clients in the process of doing things that
by those least able to endure financial hardship,” Brad S. will have to wait – like leasing a space or selling their
Karp, chairman of Paul, Weiss, said in a statement. business,” she said. “While I’m still getting new work, it’s
The pain of the virus shutdown won’t fall equally within going to be limited and may dry up.”
the law profession. Some specialties have seen business In the face of these challenges, Gold will rely in part on
rise already. For example, employment law firms are busy her income from a side job as a lecturer teaching business
advising employers how to handle furloughs or layoffs law and ethics at Rensselaer Polytechnic Institute in Troy.
triggered by COVID-19.
During the pandemic, attorneys will have to use their
Michael Billok, a lawyer representing employers at Bond, best judgment to handle matters under current condi-
Schoeneck & King in Saratoga Springs, said he expects a tions, then revisit them later, according to Tara Anne
continued need for legal guidance as employers adapt to Pleat of Wilcenski & Pleat in Clifton Park, chair of
changes that emerge from the crisis. For example, he said, NYSBA’s Elder Law and Special Needs Section.
the Americans with Disabilities Act generally forbids
employers from taking workers’ temperatures, but that’s For example, Pleat said, she has clients who want to write
now allowed in the face of the coronavirus. That raises or update their wills. Normally, they would come to her
the question, he said, of whether workplaces could take office to sign the wills in the presence of two witnesses,
temperatures during future flu epidemics. but now clients are restricted to their homes. So, in some
cases, clients are signing their wills at home, in video
Bankruptcy lawyers are also expected to be in demand as consultation with the lawyer and witnesses. Once the
the economy craters and businesses collapse. Commercial pandemic passes, Pleat said, the wills can be re-executed
litigators may be dealing with disputes over deals that with proper formality in person.
can’t go through during the pandemic. And estate lawyers
may get more calls as the sometimes-deadly virus reminds Some law firms already had technology in place for attor-
older people, in particular, that they need to plan. neys and other staffers to work from home, but others
have scrambled to figure it out.
But other law firms, especially those serving hard-hit
industries such as hotels or restaurants, are at risk. Attor- “We’ve seen more digital transformation in the last five to
neys doing transactional work, such as mergers or real 10 days than in the last five to 10 years,” Greenberg said.
estate deals, are also hurting as business activity is put In the future, attorneys and judges are expected to use
on hold. technology more, after becoming comfortable with it
Many businesses and individuals won’t be able to retain during the pandemic.
lawyers “because everybody is taking a big hit,” said “It’ll be just as effective once we get used to it, just as
NYSBA President-elect Scott Karson of Lamb & Bar- powerful,” said Dan Kohane of Hurwitz & Fine in Buf-
nosky in Melville. falo. “It makes sense. Why is it better for me to get on
“There are a lot of law firms that are going to be deci- a plane to travel to New York City to argue an appeal,
mated by this,” said John Remsen, president of the Rem- when I can do it less expensively and just as effectively
sen Group in Atlanta, a management consulting firm from my office?”
specializing in legal firms. There is a cost to remote work, Kohane and others
“Most managing partners want to try their damnedest acknowledged.
to hold on to people as long as they can,” he added. But “The only thing you miss is the interrelationship between
ultimately layoffs and hiring freezes are likely. Partners the attorneys at the office,” said Kohane, who says he
may take lower draws. Some firms will merge, and prac- enjoys working with younger associates. “Mentoring is
tice groups may jump from failing firms to more solid much easier face to face,” he said.
ground, he said. Still, he added, there’s no going back: “We have to
“Some firms aren’t going to make it,” Remsen said. change. We have to recognize the beauty of technology.”
“There’ll be more consolidation.” Kathleen Lynn is a freelance writer.
“This reminds me of early 2009,” after the financial
crisis, said Sarah Gold, a solo practitioner specializing in
business law in Albany. “A lot of firms put the brakes on
New York State Bar Association 20 Journal, April 2020You can also read
