Dyan M. Finguerra-DuCharme holdsmany posts. She is a wife, a mother ofthree children (11, 9, and 5), a memberof the NYCLA Foundation Board ofDirectors and NYCLA Board ofDirectors, and Counsel at White &Case LLP specializing in intellectualproperty litigation. She offers readersfirst-hand advice on balancing workand family life.

Q-What is the best type of environmentto work in if you have a family and areseeking work/life balance? Is it possiblein any size firm?A- In my experience, the best type ofenvironment is one that does not place apremium on “face time” but insteadexpects that you will get the job donewell, regardless of where you do it. It ispossible in any size firm – it just dependson the firm’s culture and expectations. Ihave worked at large and mid-sized lawfirms and have found that as long as Imeet deadlines and turnaround excellentwork product, the partners and clients forwhom I worked do not care if I draftedthe brief in the office or at home.

Q-What is the best way to go aboutnegotiating a flexible schedule with an

employer?A- Have a plan as to what your schedulewill be and how you will be able to meetyour employer’s demands. Present theplan instead of seeking guidance on theplan. A good plan, however, will recog-nize and account for unexpected demands.It can’t be a rigid plan – “Every Thursdaywill be my day off” – a part-time lawyerneeds to be flexible and expect to do somework on his or her day off and/or changethe schedule to meet the demands of

clients or a court deadline.

Q-What do you believe is the biggestobstacle lawyers face in maintainingwork/life balance?A- Maintaining one’s sanity! It’s noteasy and it doesn’t ease up as the kidsgrow. The demands just change. Whenthe kids were babies, the hardest partwas keeping them quiet and occupiedduring a conference call. Now that they

Balancing Career and Family Life

(See Balancing Career & Family on Page 12)

N E W Y O R K

COUNTY LAWYERI N S I D E

Balancing Careerand Family Life 1

Time ManagementTips 5

Work Stressors andSolutions 6

Where Work & LifeConverge 11

Balancing Career and Family Life ...........1

CLE Programs ..........................................4

Collaborative Divorce Law.....................12

Court of Appeals Vacancy ......................11

Ethics Hotline .........................................13

High School Essay ................................13

Library Notes..........................................10

Message from Barbara Moses, President of

the NYCLA Foundation ...........................3

Message from Stewart Aaron, President of

NYCLA ....................................................1

New Publication .....................................12

NYCLA in the News ................................3

Public Policy Update ..............................13

Recent Events ...........................................8

Time Management Tips ............................5

Tips from a Recruiter................................7

Upcoming Events .....................................2

Where Work & Life Converge ...............11

Work Stressors and Solutions...................6

July/August 2012 Visit us at www.nycla.org Volume 7 / Number 14

According to WorkLifeBalance.com, “thebest work-life balance is different for allof us because we all have different priori-ties and different lives.” Work-life balancehas been a topic of much interest over thelast several years, and we have devotedthis issue to discussing what it is and howto achieve it during different parts of yourcareer. Whether you have tried-and-truemethods of achieving it or are a disbeliev-er, we invite you to flip through this issueand read about the insights that ourauthors provide. NYCLA Board Member,practicing lawyer, wife and mother ofthree children, Dyan M. Finguerra-DuCharme, offers advice about balancingwork and family life in the article below,while on page 7, a lawyer-turned-recruitershares tips on finding a job with balancethat works for you. On page 11, JenniferYoon, a NYCLA member and newlyadmitted-attorney, shares how while start-ing out, newly-admitted attorneys canachieve coveted balance.

Many wonder how I balance my personallife with the demands of my legal prac-tice, as well as the demands placed uponme as head of Arnold & Porter’s NewYork office and President of NYCLA. Itry to achieve this balance by treating my

personal obligations the same way I treatmy client obligations. As an experiment, Isuggest that you place on your calendarevery Wednesday evening dinner withyour spouse, your family or your signifi-cant other, and aim to keep that appoint-ment just like you’d keep any appoint-ment with a client. Of course, you mayinevitably get pulled away by a court orclient crisis, but if you prioritize your per-sonal life the same as you prioritize yourclient obligations, you will maximize yourlife’s enjoyment.

I also recommend spending time withyour fellow lawyers outside the context

of your client work. There are many barassociation-related activities where youcan socialize, even with the lawyers whomay be your adversaries in pendingcases. Establishing relationships withyour peers will lead to better communi-cations and better results for your clientsin terms of efficiencies, cooperation, andthe like.

Bar association-related activities can alsoprovide a welcome outlet for your hiddenpassions. As for me, I like to sing with myfellow lawyers in musical performancesthat are held a few times a year, or at alocal karaoke bar. It certainly can relievestress to belt out a Neil Diamond classic.

Achieving work-life balance in someways gets easier as you advance in yourcareer, but it also can create morestress. As you attain more seniority, it isimportant that you learn to delegate workto those with whom you work and to trustthat they will get the work done. If youinsist on doing everything yourself, youwill be needlessly stressed, and yourclient work will suffer.

Tweet me @NYCLAPres and share howyou achieve work-life balance.

Work-Life Balance

Stewart D. AaronPresident, New York County

Lawyers’Association

T A B L E O FC O N T E N T S

July/August 2012 / The New York County Lawyer2

July/August 2012 / The New York County Lawyer 3

Dear Friends:

Summer is upon us. Perhaps the pace ofwork has slowed a bit—or not. Perhapsyou are looking forward to a well-deserved vacation—or just thinkingabout it. Either way, NYCLA can helpyou refresh, recharge, and recalibrateyour work-life balance. When was thelast time you read a novel? Don’t waituntil you get to the beach—joinNYCLA’s Law & Literature Committee,pick up a copy of “Dark Fire,” by C.J.Sansom, and immerse yourself in anintricate plot mixing murder, alchemy,and 16th-century politics, set in TudorLondon. The Committee meets on July19 at the Home of Law. Still feeling a bitshy socially? Perhaps you should haveattended the scotch-tasting sponsored bythe Young Lawyers’ Section and theScottish Bar Association of NewYork inMay. Watch the website—or, better yet,join the Young Lawyers’ Section—tokeep abreast of section mixers and net-working events. Need a little retail thera-py? NYCLA members get a 15 percentdiscount at Brooks Brothers andAdrienne Vittadini stores. Sign upthrough the Membership/MemberDiscount tabs on the NYCLA website.

That’s also where you’ll find discountedgym memberships at Crunch Fitness,Equinox, the NewYork Health &Racquet Club, and NewYork SportsClub. Now what’s your excuse?

As you know, your dues do not cover allof NYCLA’s programs and services. Wedepend on your contributions (made tothe NYCLA Foundation, which is recog-nized by the IRS as a 501(c)(3) organiza-tion) to carry out the programs that makeus proud to be members of NYCLA.Long-time members Glenn Lau-Kee,Vilia Hayes, and Susan B. Lindenauershowed their pride by donating to theFoundation early in 2012. So did HadasJacobi, who joined NYCLA in 2011—thesame year she graduated from Columbia

Law School. We are grateful for everycontribution and promise to make yourcharitable dollars go a long way.

You too can make donations—in anyamount you choose—simply by going tohttp://www.nycla.org and clicking on“Giving to NYCLA.” You can also mail acheck, payable to “NYCLA Foundation,”to NYCLA Foundation, 14 Vesey Street,NewYork, NY 10007. We are pleased tosay “thank you” with a selection ofDVDs, books, prints, and other giftsdescribed on our web site. Since theNYCLA Foundation is recognized by theIRS as a 501(c)(3) organization, gifts aredeductible to the extent provided by law.

NYCLA needs both your support andyour ideas. Please do not hesitate to con-tact me with suggestions for fundraisingor related topics. You can reach me atbmoses@maglaw.com.

Sincerely,

Barbara MosesPresident of the NYCLA Foundation

NewYork County Lawyer is published

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NEW YORK

COUNTY LAWYER

Stewart D. AaronPresident

Sophia J GianacoplosExecutive Director

Toni ValentiDirector of Marketing andMembership Development

Ariella GreenbaumEditor

Senior Communications andSocial Media Manager

New York County Lawyer ispublished by

Long Islander Newspapersunder the auspices of

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Photo Credits

Ariella Greenbaum

M E S S A G E F R O M B A R B A R A M O S E SP R E S I D E N T O F T H E N Y C L A F O U N D A T I O N

NYCLA In The NewsAn in-depth feature on The United StatesDistrict Court for the Southern Districtof New York: A Retrospective (2000-2010), recently published by NYCLA,was posted in the Legal section of thisweb site.

Thomson Reuters News & InsightHistory LessonJune 8, 2012

A NYCLA Ethics opinion is mentionedin articles about research of jurors viasocial media.

Abajournal.comEthics Opinion Warns LawyersAbout Perils of Unintentional JurorContact During Online ResearchJune 5, 2012

Thomson Reuters News & InsightsNYC bar limits jury research onsocial mediaJune 4, 2012

NYCLA is mentioned with other barassociations and local organizations thatjoined the Committee for Modern CourtsCoalition for Court Simplification.

New York Law JournalAdvocates Urge ConstitutionalAmendment to Reshape State’s‘Archaic’ Court SystemJune 4, 2012

A photo taken of first-place winner NeilAlacha of Brooklyn Technical HighSchool at NYCLA’s annual high schoolessay contest ran in this outlet.

New York Law JournalNYCLA Honors Essay WinnersMay 11, 2012

A letter by NYCLA’s President to readersof this paper shared the accomplishmentsof the organization in the past year.

Metropolitan Corporate CounselLetter from The President of theNewYork County Lawyers’AssociationMay 17, 2012

This outlet mentioned how at NYCLA’sAnnual meeting, its Task Force on Judicial

Budget Cuts would be presenting UnsungHeroes Awards to honor non-judicial mem-bers of the state and federal court systemwho have distinguished themselves in theexemplary performance of their duties dur-ing these difficult times of reducedresources and increased caseloads.

Metropolitan Corporate CounselNYCLA Presents Unsung HeroesAwards at Annual MeetingMay 18, 2012

A roundup of recent national and local news stories featuring NYCLA and its members

UpcomingCLE ProgramsBridge the Gap 1Consecutive Fridays, July 13 and 20; 9a.m.-5 p.m.16 MCLE Credits; 3 Ethics; 6 Skills; 7PP/LPM; Transitional and Non-transi-tional

Bridge the Gap 2Consecutive Fridays, August 10 and 17; 9a.m.-5 p.m.16 MCLE Credits; 3 Ethics; 6 Skills; 7PP/LPM; Transitional and Non-transi-tional

New Jersey Bridge the GapWednesday and Thursday, August 22 &23; 9 a.m.-5 p.m.15 MCLE Credits in 5 of 9 SpecifiedPractice Areas; Transitional and Non-transitional

Summer Video Replay Series

VR: Ethical Issues in ImmigrationPracticeTuesday, July 24, 2012; 5:30– 8:30 p.m.3 MCLE Credits: 3 Ethics; Non-transitional

VR: Co-op and Condo Law andPractice: A View From Both SidesThursday, August 2; 5:30 -8:30 p.m.3 MCLE Credits: 1 Ethics; 2 Skills; Non-transitional

Breakfast with NYCLA Video Replay:Ethical Issues in Elder Law andSpecial Needs PlanningWednesday, August 1; 8:30-10:30 a.m.2 MCLE Credits: 2 Ethics; Non-tran-sitional

Video Replay Marathons

Civil Trial Practice InstituteConsecutive Tuesdays and Wednesdays,July 10, 11,17, 18; 5:30-8:30 p.m.15.5 MCLE Credits; 3 Ethics; 6 Skills;6.5 PP/LPM; Non-transitional

4th Annual Art Litigation and DisputeResolution Practice InstituteFriday, July 27, 2012; 9 a.m.-5 p.m.7.5 MCLE Credits: 3 Ethics; 1 Skills; 3.5PP; Non-transitional

Criminal Trial Advocacy InstituteConsecutive Tuesday and Wednesdays,August 7, 8, 14, 15; 5:30-8:30 p.m.15 MCLE Credits: 3 Ethics; 6 Skills; 6PP; Non-transitional

Please note that Tuition Assistance isavailable for qualified attorneys forlive programs offered by the CLEInstitute. Check our website atwww.nycla.org for more informationand how to apply for TuitionAssistance. Check our website forcourse details, faculty, complete pro-gram descriptions and pricing.

Be sure to check our website for a com-plete listing of programs.

July/August 2012 / The New York County Lawyer4

CLE INSTITUTE

SAVE THE DATE:

Bridge the Gap – 4 EveningSeries, September 13, 20, 27,October 3

Stress Management forLawyers, Monday, September 10

Local Law 87 Energy Auditsand Retro Commissioning,Wednesday morning, September 12NYCLA’s CLE Institute now an

Accredited Provider in NewJersey

NewYork County Lawyers’Association’s CLE Institute is cur-rently certified as an AccreditedProvider of continuing legal educa-tion in the State New Jersey.Courses qualifying for CLE creditin New Jersey will be so designatedon the NYCLA website. Be sure toconsult www.nycla.org for programdetails and program locations.

July/August 2012 / The New York County Lawyer 5

By Elise Holtzman, Esq., ACC

When’s the last time you heard yourselfsay that you’re overloaded, crazed, orrunning around like a chicken without ahead trying to get everything done? Ifyou’re like many attorneys, you’ve prob-ably declared something similar veryrecently. Twenty-four hours per day justdoesn’t feel like enough. Do any ofthese thoughts sound familiar?

• I am overwhelmed with tasks andresponsibilities.

• There just isn’t enough time in theday for me to get it all done.

• I have no control over my time.• If I want it done right, I have to do itmyself.

• Others are so demanding – I amexpected to be all things to all peo-ple.

• If I say no, others will think I’m lazyand won’t respect me.

• I have to multitask or nothing willever get done.

We’ve all heard the old adage “timeequals money.” Nowhere is that moretrue than in the practice of law, in whichmost attorneys bill by the hour and pres-sure to be time efficient can be intense.While poorly managing your time canimpact the bottom line, the stress result-ing from being overwhelmed and over-loaded can also be hazardous to yourphysical and emotional health and causeharm to your clients and reputation.

Here are six proven tips to help you takecontrol of your schedule. Even imple-menting one of them is sure to have apositive impact.

Be Priority-Focused. Don’t just workon client matters, work on what matters.We often attend to tasks that seem

urgent even if they aren’t critical andneglect important issues simply becausethey haven’t risen to the level of anemergency. Just because the phonerings, the e-mail pings, or someonestops by for a visit doesn’t mean that’swhat should get your attention. Identifywhat really matters and get busy.

Do the Worst First. Admit it. You dothe easy, pleasant tasks first and let thebig hairy beasts hang over your head allday, creating dread and worry. Do your-self a favor and get your least appealingwork done earlier in the day. Eliminatingthe stress early on will make the rest ofyour day seem like a cakewalk.

Implement a Daily “ProductivityHour.” Regularly set aside time whenyou are unavailable to others. Sound likeheresy? Imagine how much work youwill get done when you have one unin-terrupted hour each day to focus on crit-ical issues without being distracted.Educate those around you to respectyour time and help them get on board byletting them know when you will beavailable again.

Take control of technology so it does-n’t control you. Increase your efficien-cy by minimizing the distraction of tele-phones, e-mail, and other technologydesigned to make your life “easier.”Something as simple as turning off e-mail signals, cleaning out your inboxonce a week, or checking your e-mail atpredetermined intervals can make ahuge difference. Don’t feel obligated toanswer the phone every time it rings;you can call back later. Instead of play-ing phone tag, use e-mail to arrangetelephone appointments for a certaintime and then set an agenda to move thecall to its conclusion. Technology ishere to help you, not control you.

Delegate When Appropriate. If youfall into the “if I want something doneright, I have to do it myself” trap, youare wasting your time and energy andyour clients’ money. Always ask your-self what the best use of your time is,and include delegating as part of yourplan. Select the right person for the joband provide all the information neededto perform the task properly. Then,monitor progress, offer suggestions, andsolicit feedback from your delegate tomake things go even more smoothlynext time. Plan for the future by accept-ing the short-term cost of the time andenergy needed to train someone.

Have a To-Do List System, Not Just aTo-Do List. Do you write your to-do liston the backs of envelopes, sticky notes,

or whatever else is lying around? Createefficiencies and reduce stress by havingone ongoing list. Update your list at theend of the day instead of the beginning;your list will be more accurate and, withall your bases covered, you’ll have amore relaxing evening.

Elise Holtzman, Esq., ACC, TheLawyer’s Success Coach and the founderof The Lawyer’s Edge, helps lawyersachieve greater career success and satis-faction through one-to-one coaching,seminars, and CLE programs designedspecifically for attorneys. For moreinformation and a free special reportwhich will get you on the right track,visit www.thelawyersedge.com or contactElise at elise@thelawyersedge.com.

Are You a Lawyer or a Chicken Without a Head?

In RemembranceThis spring, the New York legal community was saddened by the passingof two former NYCLA Presidents—Daniel C. Draper, former Partner atCadwalader, Wickersham and Taft, who served as President from 1984 to1986, and Casimir “Caz” C. Patrick II, former Partner at White andCase., who served as Vice President from 1988 to 1993 and Presidentfrom 1994 to 1995. NYCLA.org

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July/August 2012 / The New York County Lawyer6

By Cynthia Devasia, Esq. andAndreas Koutsoudakis, Esq.

As a lawyer it’s difficult, and some mightsay nearly impossible, to maintain ahealthy balance between your profession-al and personal life. With long hours, mer-ciless deadlines, and billable hour require-ments, you may feel that you have no timeat all for a personal life. However, main-taining a healthy work-life balance is pos-sible. It is crucial to your success as alawyer, and there could be serious conse-quences if you are not able to do so.

Many studies and statistics show that thedemands of a legal career can take a sig-nificant toll on lawyers. One JohnsHopkins University study found thatlawyers tend to experience higher inci-dences of depression compared to peoplepracticing other professions. A famousNorth Carolina Bar Association studyshowed that nearly 20 percent of lawyersin that jurisdiction had an alcohol depend-ency and over 10 percent of lawyers con-templated suicide at least once a month.An equally well-quoted study ofWashington lawyers found that one thirdof lawyers suffer from depression, drink-ing, or substance abuse.

One need not rely on studies and statisticsalone.A lawyer can easily witness first handthe consequences of failing to maintain ahealthy work-life balance: burnout, careerdissatisfaction, physical and mental healthissues, lack of a social life, and failed rela-tionships—all which are unfortunatelycommon. In their personal lives, lawyersmay not have the time (or energy) to main-

tain friendships, develop personal relation-ships, and have families. For those who do,the stressors of work can often spill overinto their personal lives and adverselyimpact their friendships, relationships, andfamilies. In their professional lives, manylawyers are often dissatisfied with theircareer choice and decide to leave the pro-fession entirely. Others continue to workthrough this dissatisfaction, which can be adisservice as it can lead to counterproduc-tive work behaviors and leave an attorneystruggling to meet the demands of the job.Lack of focus increases the chance that mis-takes will be made. Lawyers pay a physi-cal price as well. Long hours and heavyworkloads don’t leave much time forhealthy eating habits or exercise.Insomnia, irritability, and fatiguecan easily become the norm.

Thus, it is crucial thatlawyers find ways to bal-ance work and life sothey don’t fall victimto these pitfalls.Whether you arejust beginningyour career as anattorney, or you have been practicingfor years, efficient use of your time isessential to creating a healthy work-lifebalance, which will ultimately result inyour success and happiness—both profes-sionally and personally. First things first:If you managed to get through law school,then you probably learned a thing or twoabout work ethic. As a lawyer, the rulesare not that different—work first, playsecond. Of course, the more efficient youare at work, the more time you will have

to enjoy your life outside of work.

As lawyers, we appreciate the importanceof good organization and time-manage-ment skills. This means making sure youare aware and keep track of all your openprojects, and that you create an actionplan with deadlines for all open tasks andset aside specific time periods to com-plete these tasks. Only then will you be

able to incorporate time for your personallife as well.

While organization and time-manage-ment skills are important, the essentialaspect of efficiency is the ability to useresources that make your day-to-daytasks easier and less time consuming.With the advances in technology, thereare now a multitude of resources avail-able to help you maintain a properwork-life balance that allow for a moreproductive work-from-home arrange-ment; the ability to do work during situ-ations where employees would other-wise be unable to; and better relation-ship maintenance and management.

In the legal profession, employers arecapitalizing on alternative work arrange-ments by embracing technologicaladvancements. Specifically, job sharingand work-from-home arrangements arenow more realistic and efficient optionsfor both employers and employees. Newtechnologies provide solutions that allowemployers to reduce their payroll expens-es, and employees to spend less time atthe office and maintain optimal produc-tivity levels, while having more time fortheir personal lives.

One major technology-based solution iscloud computing. This technology allowscompanies to store documents in a“cloud” and offer access to specific per-sons from anywhere on the planet. Forexample, a law firm can now create anaccount with a cloud computing serviceprovider, upload all of the firms docu-ments into the cloud, and provide itsattorneys with access to their respectivematters from anywhere in the world.Before cloud technology became avail-

able, storing this amount of informationmeant hundreds of thousands of dollarsin data servers. Now, however, employerscan access this amazing technology for afraction of the cost of data servers. Sucha solution allows employees to workfrom home, with access to everythingthey would have at the office, since theoffice is now wherever the employee hasaccess to the Internet and a computer.

With the explosive spread ofsmartphones, PDAs, and tablets,attorneys can now do more read-ing, research, and communica-tions while on the go. For exam-

ple, before the availability of tabletssuch as the iPad, compliance confer-

ences in state court usually meantspending two hours waiting in theCentral Compliance Part without theability to do anything other than readthe newspaper. Now you can sit in theback row with your iPad, researchseamlessly using Lexis Advance, andreview and respond to e-mails. Whenyou get back to the office, you areready to immediately begin workingon your next task, instead of doing the

tasks you already completed while wait-ing for your case to be called at the con-ference.

Finally, technology has been critical tothe ability of attorneys to maintain andmanage their personal and professionalrelationships. Social networking tech-nologies provide more than simply anoth-er way to communicate with others. Asbusy professionals, sites such as LinkedInand Facebook allow attorneys to keep upto date with activities, accomplishments,and interests of their peers, friends, andcolleagues, while also providing a plat-form through which they can build newrelationships. Social networking sitesallow busy professionals to send shortmessages to individuals they wish tomaintain relationships with, without hav-ing to set aside time to speak with othersover the telephone. Of course, there is noreplacement to spending time with afriend, peer, or colleague in person; how-ever, this technology provides individualswith a convenient way to keep up withothers without sacrificing friendships andrelationships.

In sum, these technologies provide time-saving solutions that will allow lawyers tomaintain a healthier work-life balance. Todo so, it is important to think about theareas in which technology can help you.Begin by examining the areas you believeyou need to become more efficient in.The more areas in which you can improveyour work efficiency, the more time youwill have to enjoy recreational activitiesthat are not work related. After all, “workfirst, play second” only makes sense ifyou actually have some time to play.

Cynthia Devasia and AndreasKoutsoudakis practice labor and employ-ment law at Koehler & Isaacs LLP.Devasia is a NYCLA member and partici-pates in the Association’s Law-RelatedEducation Committee.

Work/Life Balance for Lawyers: Myth or Reality?

Correction

In our profile of Jonathan Pressment (Page 5, New Board, June), Mr.Pressment’s education was incorrectly stated. He received his B.A., with hon-ors, from Brown University.

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July/August 2012 / The New York County Lawyer 7

By Ariella Greenbaum

The level of work-life balance oneachieves varies from industry to industryand from lawyer to lawyer, depending onpersonal needs and obligations and thepoint in a person’s career. Everyone has adifferent sense of what work-life balanceis but no matter what level of work-lifebalance you’re looking to achieve, it’simportant to know how you can find thebalance that’s right for you.

Kim Powe, Esq., aDirector ofRecruiting in theNewYork office ofLexolution, a con-tract legal staffingfirm, offers aunique perspectiveon work-life bal-ance for lawyers—from personal andprofessional experi-ence. She practicedin a law firm forfive years and thenin the corporate world for 10 years beforejoining the recruiting firm in 2003. In herfirst few years as a lawyer, she workedlong hours—often until 11 p.m. or mid-night—but once in a blue moon she wouldleave the office at 5 p.m. She will neverforget the time she ran into a partner on herway out the door on one of those dayswhen she left “early” who joked aroundwith her about “working a half day.” Work-life balance—something that is coveted bymany at all stages of a legal career—waslimited for her then as a young lawyer andis for many lawyers out there today, at var-ious stages in their careers, who believe it’simpossible to achieve. Not true, says Powe.

Although there are a limited number of jobswithin the legal field, she says that there arenow more opportunities which offer employ-ees more flexibility for work-life balance vs.a decade or two ago, and that employeeshave the ability to obtain this flexibility.Lawyers looking for more balance can seekout in-house positions because the hours areoften not as intense as those at law firms.She talks about her transition from a lawfirm to an in-house position, and how theculture there was vastly different from herprevious employer. “For a while after chang-ing jobs from a firm to an in-house position,I felt like I was on vacation because I wasable to leave work at 6 p.m.”

For lawyers who prefer firm work asopposed to in-house work but seek morework-life balance, Powe recommendslooking into staff attorney positions whichoffer more predictability in terms of typeof work and hours than the traditionalassociate positions at firms. Powe saysthat many practice groups are hiring for-mer lawyers to create professional devel-opment programs within practice areas, anopportunity for experienced lawyers look-ing for non-practicing positions at firms.Temporary work also allows a lawyermore control when seeking work-life bal-ance, providing full-time work without thepressures of a permanent job.

Although the bread and butter of tempo-rary legal staffing is document review,there are also many substantive corporatelitigation, real estate, trusts and estates, andtax positions available, among others, andoften these positions offer more flexibilitysuch as the option to work from home.

She says at the end of the day, the best wayto find the job that’s right for you, whetherit is temporary, full-time, or part-time, isthrough networking. As we all know, it’svery tough to find a job in the legal fieldright now, so you are going to have tostretch yourself and do things you mightnot ordinarily do, like ask a neighbor ifthey know someone who is hiring. Talk toas many people as possible in order tobuild connections and find the right fit.

Once you have your foot in the door for ajob, you can useyour intuition tofeel out the level ofwork-life balance aposition can offeryou. Ask questionsabout the culture ofthe organizationduring the inter-view process but becareful about ask-ing direct questionsregarding work-lifebalance at this pointin the interview

process. Powe recommends that lawyersat most levels of their careers save thosefor the end of the process, with the excep-tion of newly admitted attorneys whoshould avoid bringing up work-life bal-ance at all since there are so few jobs atthis level. You do not want to give theimpression of being lazy or high mainte-nance. If you’re working with a recruiter,take advantage of his or her familiaritywith the company you’re interviewingwith—they have the history of the compa-ny hiring and can help you answer diceyquestions about certain things, such astelecommuting or hours.

Even when bringing up questions aboutwork-life balance when an offer is on thetable, be careful and ask questions in a sub-tle way. For example, if you’re trying todetermine whether you’ll have to be avail-able 24/7, Powe suggests asking somethinglike, “Will I be required to carry aBlackBerry?” Such questions will give youhints to see what will be required and willhelp you form a decision about whether ornot you want to take the job. The moreestablished you are in your career, the easi-er it is to ask these questions. Also use yourintuition to pick up on the vibe comingfrom a prospective employer. Pay attentionto what they say and how they say it. If ahiring manager is talking about how over-whelmed with work they are and how muchhelp they need, it might be a sign that thereis a lack of work-life balance at this partic-ular company. On the other hand, if work-life balance is truly a part of the firm’s orcompany’s culture, when you are interview-ing there, the hiring manager or employeesyou’re interviewing with will likely bring itup as a selling point and will try to use ben-efits such as child-care facilities, telecom-muting, or summer Fridays to lure you in.

Powe encourages candidates to remain opti-mistic and open minded. “Believe that youwill find a job that will offer you balance—maybe it’s not exactly what you want, butsomething you can live with. And be flexi-ble and keep your eyes open for peoplewho you can talk to about your searchwherever you go so you can find that rightposition.”

Greenbaum is NYCLA’s SeniorCommunications & Social Media Manager.

Finding the Right FitTips from a recruiter for finding your balance

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July/August 2012 / The New York County Lawyer8

Annual Meeting Honors and CelebratesNYCLA members gathered at the Association’s Annual Meeting on May 24 to install officers and BoardMembers, honor members of the legal community, and celebrate accomplishments of the year past.

Unsung Heroes of the Court System Honored at Annual MeetingRecipients of NYCLA’s Unsung Heroes Award are honored at NYCLA’s Annual Meeting on May 24 for theirexemplary performance of duties during these difficult times of reduced resources and increased caseloads byNYCLA’s Task Force on Judicial Budget Cuts. Honorees were from the United States District Court, SouthernDistrict of NewYork; NewYork County Supreme Court; United States District Court, Eastern District of NewYork; NewYork City Surrogate’s Court; NewYork City Civil Court; NewYork City Criminal Court; and NewYorkCity Family Court.

Musical Group EntertainsAnnual Meeting AttendeesAfter officers and members of the Board wereinducted and awards were presented, NYCLA’sPresident Stewart D. Aaaron (left), memberPeter W. Dizozza (second from left);Foundation Board Member Martha Cohen Stine(second from right); and Rita WassersteinWarner (right), NYCLA Board Member, sang atune and entertained the crowd of over 200Annual Meeting attendees.

Photo right: Conference attendees listen to Anthony Crowell, Dean and President, NewYork Law School, give opening remarks before activities kicked off.

Photo left: Hon. Joseph Kevin McKay (left), Vice Chair of NYCLA’s Justice Center andNYCLA Board Member, poses with Anthony Crowell (center), Dean and President, NewYork Law School, and Hon. Richard Lee Price (right), Chair of NYCLA’s Law-RelatedEducation Committee, at the NYCLA and Justice Resource Center-sponsored NYCYouthLaw Conference on May 25 at NewYork Law School. Each gave Welcoming Remarks atthe conference attended by 130 high school students from around NewYork City whocame to learn about “Rights and Wrongs: What You and the Justice System Can Do AboutDiscrimination.”

NYCLA Leaders Educate Youth at Conference

RECENT EVENTS

July/August 2012 / The New York County Lawyer 9

RECENT EVENTS

NYCLA Awards Winners of New York CityPublic High School Essay Contest

Neil Alacha, first-place winner of NYCLA’s 18th Annual NewYork City HighSchool Essay Contest, is congratulated by Law-Related Education CommitteeChair, Hon. Richard Lee Price (right), and NYCLA’s President, Stewart D. Aaron(left) at the Essay Contest award ceremony on May 9. Alacha and the other win-ners gathered at the Home of Law for a ceremony and reception honoring them.The competition, created by the Law-Related Education Committee, awardedhonors to ten high school students for essays judged on the basis of content andwriting. Members of NYCLA’s Law-Related Education Committee and teachersfrom the students’ high schools presented the awards.

Federal Courts Committee HostsSDNY District Executive

The Honorable Edward Friedland (second from right), District Executive forthe Southern District of NewYork, served as guest speaker at the May 22Federal Courts Committee meeting hosted by Hal Kennedy (right) ofWillkie Farr & Gallagher LLP. Also pictured are Ruby J. Krajick (secondfrom left), Clerk of Court for the Southern District, and Committee Chair,Gregg Kanter (left).

At the Matrimonial SectionSpring Cocktail Party on June 6at Battery Gardens Restaurant,Section Co-Chairs, FredericSchneider, Esq. (second fromleft) and Briana Denney, Esq.(second from right), event Chair,Charlotte Lee, Esq. (right), andSection member, Bonnie Rabin,Esq. (left) welcome honoreeSusan Sommer, Esq., (center)Senior Counsel and Director ofConstitutional Litigation atLambda Legal.

Matrimonial Section Honors Lambda Legal Counsel at Spring Cocktail Party

July/August 2012 / The New York County Lawyer10

Researching VarietalsIf you are like many others, you may gohome at the end of a busy day and relaxby enjoying a glass of wine. While mostpeople sipping at the glass are thinking ofcolor, bouquet, nose, and other attributesof the beverage at hand, as a lawyer, youmight be thinking about research sourcesfor wine and the law. The wine industryis very heavily regulated on the federaland state level in the United States andalso in other countries supporting viticul-ture. Should you have an interest in thisarea of law, you can check out the fol-lowing web sites which provide guidanceon aspects of wine law.

• Alcohol and Tobacco Tax and TradeBureau of the U.S Department of theTreasuryhttp://www.ttb.gov/wine/wine_regs.shtmlThis site provides easy access to therelevant CFR sections, and U.S. CodeTitle 26 –Internal Revenue Code andTitle 27-Intoxicating Liquors.

• Stoel Rives LLPhttp://www.stoel.comThis law firm, with offices in sevenstates, represents over 250 wineriesand vineyards. From the researcher’spoint of view, see the three firm pro-duced volumes available on the site inPDF format:

• Oregon Law of Wine 2011•Washington Law of Wine 2011• California Law of Wine 2011The books discuss state and federallicensing/permitting; trademark protec-tion; entity formation and business suc-cession; winery and vineyard acquisi-tions and leasing; environmental andendangered species issues; constructionand design; water rights; employment,Worker’s Compensation, & OSHA; tax-ation; financing; and litigation.

• The Wine Institutehttp://www.wineinstitute.orgThe Wine Institute is the voice forCalifornia wine, representing theindustry at the state, federal, and inter-national levels. Though California cen-tric, it provides a wealth of informationon pending federal and internationalmatters, and on all state laws concern-ing wine shipping laws.

• On Reserve: A wine law bloghttp://www.winelawonreserve.com/Lindsey A. Zahn, a 2012 graduate ofBrooklyn Law School and a 2009 grad-uate of the Cornell University Schoolof Hotel Administration, has been writ-ing this blog, which is regularly quotedon major wine news web sites, sincethe summer of 2010 when researchingher award-winning Note on the legalovertones of the wine industry, titledAustralia Corked Its Champagne andSo Should We: Enforcing StricterProtections for Semi-Generic Wines inthe United States.

This blog, an impressive effort by a lawstudent who is setting her career com-pass with precision, covers topics ofwine law from around the world and theUnited States, including pending legisla-tion and regulations. In addition, theblog references international and domes-tic conferences concerning alcohol bev-erage law; and how to find professionalopportunities and jobs in wine law.

At the end of this workday sit back, poura glass, let it breathe, take a sip and clickon the above sites to learn about thisunique area of practice.

Recently UpdatedThe new pocket parts and index for theUnited States Code Annotated have justbeen filed.

Law and the Family New York, 2dEd. Rev. Joel R. BrandesNewly updated. The set is now locatedin the South Reading Room.An important set not available anywhereon Westlaw. KFN 5126 .F67 1997.

Electronic Research CenterCLE Programs

Unless otherwise noted, courses are free and open to the public

July

Westlaw: BasicJuly 10 – 10-11 a.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Real Estate ResearchJuly 10 - 11:30 a.m.-12:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: IJuly 11 – 10:30 – 11:30 a.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: IIJuly 11 – 12-1 p.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: LitigationJuly 11 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Using Bloomberglaw.com forLitigationJuly 19 - 10-10:50 a.m.1 MCLE Credit: 1 Skills; Transitional

Using Bloomberglaw.com for aCorporate Transactional PracticeJuly 19 - 11:05 - 11:55 a.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: IntermediateJuly 24 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Trusts & EstatesJuly 24 – 3 - 4 p.m.1 MCLE Credit: 1 Skills; Transitional

U.S. Bankruptcy Court ElectronicCase Filing SystemJuly 25 – 10 a.m.-12:30 p.m.2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35

August

Westlaw: BasicAugust 7 – 10-11 a.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: BankruptcyAugust 7 - 11:30 a.m.-12:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: IIAugust 8 – 10:30 – 11:30 a.m.1 MCLE Credit: 1 Skills; Transitional

Lexis: News and BusinessAugust 8 – 12 – 1 p.m.1 MCLE Credit: 1 Skills; Transitional

Lexis Practice AdvisorAugust 8 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Using Bloomberglaw.com forLitigationAugust 16 – 10-10:50 a.m.1 MCLE Credit: 1 Skills; Transitional

Using Bloomberglaw.com for aCorporate Transactional PracticeAugust 16 - 11:05 - 11:55 a.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: AdvancedAugust 21 - 1:30 - 2:30 p.m.1 MCLE Credit: 1 Skills; Transitional

Westlaw: Intellectual PropertyResearchAugust 21 – 3 - 4 p.m.1 MCLE Credit: 1 Skills; Transitional

U.S. Bankruptcy Court ElectronicCase Filing SystemAugust 22 – 10 a.m.-12:30 p.m.2.5 MCLE Credits: 2.5 Skills;TransitionalMember: $65 Non-member: $85Non-legal Staff: $35

LIBRARY NOTES

Did you know?

The NYCLA Library can pull D&Breports for you as needed. Send anemail to reference@nycla.org withthe specifics of your request. Thisis a fee based service.

• The NYCLA Library can usepublic records databases to findparties and witnesses involved inyour case.

• The NYCLA Library can doasset searches to try to help youfind real property, airplanes,boats, and automobiles belong-ing to the parties in your case.Send an email toreference@nycla.org with thespecifics of your request. This isa fee based service.

• Connecticut residents who areNYCLA Members should con-tact NYCLA’s Director ofLibrary Services, Dan Jordan, atdjordan@nycla.org to find outabout Internet based legalresources made availablethrough their state and locallibraries.

July/August 2012 / The New York County Lawyer 11

By Jennifer Yoon

Harvey Mackay once famously stated,“Find something you love to do – andyou’ll never have to work a day in yourlife.”

As a fairly new attorney in the field, Iwas well warned about the typicallifestyle for one following this careerpath—overworked and underpaid; over-stressed and undervalued—and the listwent on. Upon graduation in 2010 duringthe crux of the economic downfall, whenmy colleagues and I were scrambling tofind any position of employment, thesewarnings seemed less of actual pre-emp-tive warnings, and more of a reality aswe accepted jobs that could pay less, butdemand more because of our desperateneed for employment.

Having grown up in a small, sleepyhometown, I was not accustomed to afast-paced lifestyle. So when becoming alitigator in a place that was the completeopposite—NewYork City—there wasnothing more important to me than main-taining balance between my professionalwork and my personal life. Therefore, Iset out with the typical checklists andhow-to’s on achieving work/balance life:Reprioritize! Create time for friends!Build time in your schedule for fun!Ensure exercise three times per week!

Let’s be serious – when did we become asociety that had to “build time for fun”?

And when there is a Summary Judgmentmotion sitting on your desk, who hasextra time to “create” for friends? Andexercise? After a 14-hour day, the lastthing I am doing is going to the gym. Infull disclosure however, I did try thesechecklists – but my ‘scheduling of fun’was never really fun when it wasplanned, ‘creating time for friends’became more of a burden, and reprioritiz-ing only lasted for about three days.

Therefore, I learned early on in mycareer the true meaning of work-life bal-ance. It isn’t about this great separationbetween work life and personal lifewhere the pieces of the pie chart have tobe divided evenly. It is about combiningmy love for life with my work so that inMackay’s word, I “never have to work aday in my life.” For me, it was aboutbringing the best parts of my everydaylife into my work that has enabled me toachieve a work-life balance through thesimple things in life.

1. Start your mornings off doingsomething small that you love. NewYorkers are famous for crowded sub-ways, rush hour traffic, and mindsset on full speed the moment wewake up. Not for a moment do wetake time to pause and take a deepbreath, lest we get shoved in the madrush onto the L train.

Start your morning off doing some-thing small that you love. For me,

it’s listening to Motown music anddrinking Starbucks venti vanilla icedcoffees while walking to work – andit sets my tone for the rest of the day.It is so important to bring small partsof your personal life into your worklife and to focus on the small thingsthat make you happy to get youthrough the big things throughoutyour work day.

2. Make your work relationshipsyour new life relationships. Whileof course there are many boundariesof professionalism, when did webecome a society that has to separateour work relationships from our per-sonal relationships? More than any-one else, I spend the most time withmy office mate – so why shouldn’t hebe someone that I have developed arelationship with? Why don’t I knowhis birthday or his favorite band?

This isn’t just for those people whowork in your office; it’s about devel-oping relationships with your clientsand even adversarial attorneys.During court conferences, who saysyou have to solely speak about yourcase and not about your co-defendantkid’s upcoming recital? When youbegin to develop deeper relationshipswith the people you work with, yourjob becomes a lot more personal aspeople become not merely cowork-ers, but people you are invested inand who are invested in you. Your

work life slowly starts to become apart of your personal life.

3. Count your blessings, not yourbillable hours. Sure we all have thedreaded billable hours we have tomeet, but why does this have to bethe only area in life we count? Withthe unemployment level growing,having a job in this economy looks alot more like a blessing and a lot lesslike a burden. When I begin to focuson the blessings I have in my lifewith my family and friends, and theopportunity to litigate in one of thebest cities in the world, those billablehours seem a lot less harrowing. Ibecome grateful for the ability toeven be able to wake up and go to ajob in such an unforgiving economy.

The bottom line is that there doesn’t needto be this great divide between your worklife and your personal life. You shouldbring your love and passion for life intoyour work life so that you are not onlyjust trying to get through work, but actu-ally enjoying each day for what it bringsyou – even if it is a Summary Judgmentmotion.

Jennifer S. Yoon is a NYCLA member anda defense litigation attorney at Wilson,Elser, Moskowitz, Edelman, & Dicker.She is also a board member of a NewYork non-profit organization and prac-tices general litigation in Florida andNew Jersey as well.

Balance: Where Work and Life Converge

July/August 2012 / The New York County Lawyer12

By Brad Andrews

In divorce law, Collaborative Law shouldbe the norm and litigation should be thealternative. Everyone knows that couplesare more likely to be satisfied with, and toadhere to, a resolution of their issues thattakes the form of a settlement agreementas opposed to a decision following trial.And an agreement that can be reachedprior to motion practice or discovery issurely preferable to one reached on theeve of trial. In New Jersey and elsewhere,family lawyers are required to advisepotential clients of the various forms ofADR - typically identified as mediationand arbitration - during an initial consul-tation. The rule recognizes that manyclients would be better served by havingtheir issues addressed out of court, andthat the bar better serves the public whenit ensures that couples who do decide tolitigate do so only after having consideredall of the available options.

The primary ADR forum for family lawmatters is mediation. But in recent years

a new option—called CollaborativeLaw—has gained a foothold. Innovatedin 1990 by a Minnesota divorce attorneynamed Stu Webb who had grown frustrat-ed by the slow and imperfect justice to behad in the family courts, CollaborativeLaw has slowly spread throughout thecountry and internationally, primarily byword of mouth, by those who have cometo believe that it represents a far betterway to resolve the difficulties typicallysurrounding the dissolution of a maritalrelationship.

What is Collaborative Law? It’s aprocess that occupies a sort of middleground between mediation and litiga-tion. Each side is represented by an attor-ney. The goal is for the attorneys, assistedas appropriate by financial experts and“child experts” - social workers or psy-chologists - to negotiate a resolution tothe issues. What differentiatesCollaborative Law from a traditional out-of-court negotiation between the attor-neys is the signing of a “ParticipationAgreement” by both clients and both

attorneys. The agreement lays the foun-dation for the Collaborative process, lay-ing out each party’s rights and responsi-bilities. Most importantly, it sets forththat in the event that the Collaborativeprocess breaks down; neither attorney ispermitted to represent the client in court.This restriction is critical for at leastthree reasons. First, it ensures that bothattorneys are fully committed to resolv-ing the case out of court because neitherstands to profit from initiating litigation.Second, it creates a financial incentivefor the parties to overcome any difficul-ties within the context of theCollaborative process, because abandon-ing the process means discharging theattorney and paying a new retainer to geta new attorney up to speed. Third, itserves to relax the tensions between aclient and the other attorney in a four-way meeting, because the client knowsthat even if the process were to breakdown, he or she will never be sitting in acourtroom being cross-examined by thatparticular person.

In the view of Mr.Webb—one shared bythis author—Collaborative Law should notmerely be an alternative method, employedin the occasional case where the partiesseem to be getting along particularly nicely.It should be the norm, employed in the vastmajority of cases. Only in those rareinstances where the process fails should liti-gation be initiated as a last resort. In certaincommunities, Collaborative Law has indeedbecome the norm.About ten years ago, all29 of the attorneys regularly practicing fam-ily law in Medicine Hat, Canada, weretrained in the Collaborative process. Withinsix months of the first half of lawyers beingtrained, motion filings were down by 50percent. Following the next training, theywere down an additional 25 percent. Now,virtually all cases in that community areresolved through the Collaborative process.

Collaborative Law does exist in New

York. There are various associations,such as the NewYork Association ofCollaborative Professionals, whose web-site is at www.nycollaborativeprofession-als.org. In addition a website with moreextensive resources is maintained by theInternational Academy of CollaborativeProfessionals, at www.collaborativeprac-tice.com. The site includes resourcessuch as articles, videos, and forms suchas sample participation agreements, anda “Collaborative Divorce KnowledgeKit” which can be used, among otherthings, to introduce a client’s spouse tothe concept, with the goal of eventuallypersuading him or her to engage in theprocess. And the NewYork courts havepublished an excellent FAQ, availableat www.nycourts.gov/ip/collablaw/faqs.shtml.

Yet, Collaborative divorce remains afringe movement, employed in a relative-ly small percentage of cases. In this timeof budget cuts and especially crowdeddockets, it would seem that now is thetime for it to be utilized on a much broad-er basis. Overtaking litigation as the normwill take time - perhaps a very long time.But the more cases that can be resolvedthrough the Collaborative process, thebetter. Not only would those employingthe process resolve their cases amicablyand without the stress, time, and expenseof litigation, but those cases that were liti-gated would receive more attention due toless crowded dockets. Family law practi-tioners unfamiliar with Collaborative Lawshould take a moment to review some ofthe resources mentioned in this article, sothat although it will take time forCollaborative practice to become thenorm, it might at least become the normfor discussion during an initial consulta-tion. Doing so would serve well the inter-ests of both clients and the courts.

Bradley H. Andrews, Esq. is a collabora-tive divorce attorney and NYCLA member.

A Smoother Divorce Process: Introducing Collaborative Law

New NYCLA Publication:The United States DistrictCourt for the Southern Districtof New York: A Retrospective

Are you interested in reading about the his-tory of the U.S. District Court for theSouthern District of NewYork? Learnabout its background, notable cases, trials,and decisions in various areas of law; andread about current and former judges inThe United States District Court for theSouthern District of New York: ARetrospective (2000-2010), recently pub-lished by NYCLA. Download your copytoday on NYCLA.org.

are older, they are involved in moreactivities and the homework is harder tohelp with. I think the biggest obstacle iscarving out personal time for yourself. Iused to look forward to Sunday after-noons. I’d leave the kids with my hus-band and go get a pedicure. Over thepast few years, I’ve discovered a lovefor running. I try to run in the morningbefore everyone wakes up or at nightonce everyone is bed. Having somenugget of time for yourself is truly theonly way to stay sane.

Q-How can a parent stay active in hisor her children’s lives when workingfull time?A- Plan, plan, and then plan more.For me, the month of June had a dif-ferent activity every week (field day,art show, band concerts, dancerecitals, end of school picnic). Iplanned for it – those days I eitherworked from home or planned to comein late even if it meant staying late.You don’t need to go to every event,but instead pick a few and get yourchild excited for that event and yourpresence there.

Q-Are reduced billable hours/tieredpay scales a reality in many work-places?A-Yes, but there needs to be flexibility onboth ends. When I was part time, I didabout two hours of work on my day offmostly from my BlackBerry. Occasionally,I’d have a grueling month – summaryjudgment briefs or back-to-back deposi-tions. If I billed an extraordinary numberof hours on those months, I’d try to makeup the time the next month. It’s really thesame for a full-time lawyer – there aresome months that they bill over 300hours and then the next month, they onlybill 150. It’s a give and take and thatshould be the expectation as a part-timelawyer. It’s all relative. Yes, the part-timelawyer may need to do some work on hisor her day off, but at the same time, thefull-time lawyer may need to do somework until midnight or on a Sunday.However, if you are billing 6-8 hours onyour day off, it’s time for a discussionwith the partners for whom you work.The more senior you become, the easierit gets because you can delegate workdown and just review and sign off onwork product.

Q-What are some options for main-taining work/life balance if you don’twant to reduce your compensation orhours?

A- Wake up early. I sometimes get up at6 am and log in. I get a lot done beforethe house comes to life at 7:30. Leave at6 pm and go dark until 9 pm and thenlog back in. There are periods throughoutthe day that I am unavailable becauseI’m in a meeting or at a deposition.There’s no reason that I cannot be fullyoccupied because of the kids for a simi-lar period of time.

Q-How do you most effectively manageyour time?A- I keep “to do” lists at home and atwork and plan for commitments anddeadlines.

Q-Do you find that there is negativitytoward working parents and, if so,how can one address that?A- When I worked from home one day aweek, I used to have to correct a partnerwho would refer to it as my “day off.” Iactually used to bill more time on thatday than any other day of the week. Myadvice is to address negativity, don’tignore it.

Q-How do you set clear boundaries atwork so employers, co-workers, andyour staff know when you are avail-able to work?A- I don’t think you can set clear bound-aries. I think you need to be flexible. If a

client calls and says they just got servedwith a TRO, you can’t say that tomorrowis your day off. If you are part-time, Ialso think you are better off not remind-ing everyone of it—just get your workdone without wearing your arrangementon your sleeve. If a lawyer wants toschedule a weakly team meeting on aThursday and that’s your day off justsuggest a different day. I leave every dayat 5:30 to relieve my sitter. When some-one wants to schedule a meeting at 5, Iusually say “How about 4:30?” I don’texplain that I need to catch the 5:44 trainso 5 won’t work.

Q-What are some resources (web sites,organizations, etc.) you recommend forworking parents looking to maintainwork/life balance?A- Network within your firm. Look forrole models or work with your col-leagues to create and change the culture.When I was at a branch office of a largefirm, I was the first woman to go onmaternity leave and the first lawyer towork a flexible schedule. A colleagueand dear friend of mine had her baby sixmonths later. Together, we created a cul-ture where pumping in your officebecame the norm. We were there for eachother through many struggles andachievements. It truly was sisterhood andit kept me sane.

Balancing Career & Family(Continued from page 1)

July/August 2012 / The New York County Lawyer 13

Immigration & Nationality LawCommittee Comments onDepartment of Homeland SecurityProposal

Individuals who enter the United Stateswithout being inspected and admittedor paroled by an immigration officialgenerally are not able to attain status asa lawful permanent resident while inthe U.S. through the process known asadjustment of status. With limitedexceptions, such individuals arerequired to leave the U.S. and attemptto obtain their green cards through con-sular processing.

A proposed Department of HomelandSecurity (DHS) regulation would allowindividuals to apply for the waiverbefore departing the U.S. but mustshow that denial of his/her re-entry intothe U.S. would cause “extreme hard-ship” to a U.S. citizen spouse orparent.

NYCLA’s Immigration & NationalityLaw Committee developed Commentsand Recommendations on this pro-posed rulemaking by the U.S.Citizenship & Immigration Services(UCIS), which were recently adopted

by the NYCLA Executive Committee.The Report states that althoughNYCLA applauds the important stepUCIS is proposing in this regulation,the Association believes the proposedregulations are too narrow in focus andtoo restrictive and urges the DHS tobroaden it.

NYCLA Comments on Proposed Bill

Currently, practicing or appearing as anattorney-at-law without being admittedor registered is considered a misde-meanor. Proposed bill, S1998A-2011would change the penalty to a felony.NYCLA recently sent a letter toAssembly Member Helene E.Weinstein supporting the change tomake the penalty equal to that in otherprofessions, but expressed concernsover the current lack of definition ofwhat it means to practice law in NewYork.

Women’s Rights CommitteeSupports Pregnant Women Bill

NYCLA’s Women’s Rights Committeesent a letter to State Senator LizKrueger and Assemblywoman EileenM. Gunther supporting the

“Reasonable Accommodations forPregnant Women Bill.”

NYCLA Submits Comments on theUnified Court System’s ProposedAmendments of Request for JudicialIntervention Forms

NYCLA wrote to NewYork State’sOffice of Court Administration inresponse to the Administrative Boardof the Courts’ request for comments onproposed amendments to the Requestfor Judicial Intervention form.

NYCLA Supports New York StateBar Association Proposed Changesto the Statement of ClientResponsibilities

NYCLA’s President, Stewart D. Aaron,sent a letter to the NewYork State BarAssociation’s President, Vincent E.Doyle III stating that NYCLA ispleased to support the proposedchanges to the Statement of ClientResponsibilities, and that theAssociation agrees with the Committeeon Standards of Attorney Conduct thatthe changes update, correct, and clarifythe existing statement.

18th Annual New York City Public High School Essay ContestWinning Essay

By Neil Alacha

“Finders keepers; losers weepers.”Although many childhood aphorisms havelittle value other than as tools for demon-strating the simple thought process of achild, this one is an apt description ofsocial and legal baseball norms. Ever sincebaseball has been an organized sport withits own professional association—theMajor League—fans and spectators haveswooned over the prospect of catching a“stray ball.” Indeed, spectators often bringbaseball gloves to wear during games, forthe express purpose of being ready whensuch an opportunity presents itself. Thosefortunate enough to catch a “stray ball”respond in varying ways: some keep thehard-earned prize as a memento, othersobtain a sizable sum of money by sellingit, and, occasionally, the altruistic few willdonate it.

These varying responses have something incommon: they all imply the existence ofproperty rights. Relevant court cases sub-stantiate this. In Popov v. Hayashi, heard bythe California Supreme Court in 2002, theCourt was asked to rule on the rightful pos-session of a stray baseball in a disputebetween two spectators whose efforts tocatch the ball were intercepted by a mob-bing crowd. According to the holding and

rule, “Before it (the ball) was hit itbelonged to Major League Baseball. At thetime it was hit it became intentionally aban-doned property. The first person who camein possession of the ball became its newowner” (http://www.lawnix.com/cases/pop-ov-hayashi.html). This Court opinion isclear as day. A stray baseball received by aspectator conveys property rights to thereceiver.

The norms of baseball and the Popov deci-sion are instructive in the scenario at hand.If I were lucky enough to catch DerekJeter’s 3,000th ball hit, I would be justifiedin keeping it. (I would probably sell it,however, as I am not a sports person. Or, ifI were dating a girl who was into sports, Iwould gift it to her.) There is absolutely nolegal precedent that establishes any righton the part of Major League Baseball(MLB) to demand the ball back from me.

Since we are on the topic of property, it isworthwhile to explore our situation froman economic perspective. Baseball, likeany other activity, carries with it an oppor-tunity cost, or tradeoff. Because we live ina world with scarce resources and to boot,unlimited wants, every decision that wemake or action we take is a sacrifice; inpursuing one thing, we give up the pursuitof something else. Part of the MLB’s

opportunity cost of orchestrating a base-ball game is the money spent on baseballs.The MLB knows and understands this. Aneffort by the MLB Commissioner to pro-cure the ball back without my consent isan effort to defy the most fundamentalprinciple of economics. This is akin to aneffort to defy gravity—it just doesn’t fly.

The only appeal that the MLB can legit-imately make in order to receive theball back is an emotional one. The pres-ident of the MLB could try to reasonwith me, contending that the sentimen-tal value of the ball from Jeter’s 3,000thhit is priceless to the organization andthat I would be “doing the right thing”by returning it. And who knows,depending on my mood, I just mightdecide to be a Good Samaritan andreturn the ball. But the point is that thiswould be my decision. In catching theball, I was the receiver of “intentionallyabandoned property”; at that point, itbecame my property. As much as oursociety would be better off with moreGood Samaritans, this is irrelevantwhen speaking of legal obligations.There is no law binding me—or anyoneelse—to act selflessly. As long as I amnot infringing on the rights of others orin possession of a controlled substance,I am free to do as I please.

Public Policy Update Ethics HotlineThe Committee on ProfessionalEthics accepts both written andtelephone inquiries on ethics mat-ters and provides advisory opin-ions. For additional information,call the members listed below.

July 1-15Anne Loranger212-656-5263

July 15-31Joseph Vogel212-997-7634

August 1-15David Wirtz212-583-2699

August 16-31Bruce Green212-636-6851

Please Note: Assignments are sub-ject to change.

Questions to the Hotline are limit-ed to an inquiring attorney’sprospective conduct. The Hotlinedoes not answer questions regard-ing past conduct, the conduct ofother attorneys, questions that arebeing litigated or before a discipli-nary committee or ethics commit-tee, or questions of law. This nota-tion shall not be construed to con-tain all Hotline guidelines. For afull discussion of Ethics Hotlineguidelines, please see “Guidelineson NYCLA’s Ethics Hotline,”September 2006, New York CountyLawyer, Vol. 2, No. 7. To view thearticle, visit NYCLA’s website atwww.nycla.org, click on Ethics (onthe left-hand side of the page) andthen on Ethics Hotline.

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Each year NYCLA’s Law-Related Education Committeeholds its NewYork City PublicHigh School Essay Contest.Over 150 students submittedessays on this year’s topic: Youcaught Derek Jeter’s 3,000th hitball. The Commissioner ofMajorLeague Baseball has written you aletter advising you to return theball.What arguments in support doyou have to keep the ball?Whatarguments does the Commissionerhave to get the ball returned toMajor League Baseball?Whatwould you do?Why?Neil Alachaof Brooklyn Technical HighSchool, whose essay appearsbelow, was the first-place prizewinner. Turn to page 9 to see aphoto of Mr. Alacha alongsideLaw-Related EducationCommittee Chair, Hon. RichardLee Price, and NYCLA’sPresident, taken at the EssayContest award ceremony onMay 9.

July/August 2012 / The New York County Lawyer14

Public Service Awards 2012 Public ServiceFellowship Essay ContestSince 1990, NYCLA has annually presented its Public Service Awards

to honor lawyers in the public sector who have distinguished them-selves as role models, innovators and problem solvers of complex legalissues. The Awards recognize the efforts of lawyers who dedicate them-selves to public service, but whose achievements are not often publiclyacknowledged.

Do you know a lawyer in the public sector who has gone above andbeyond? Nominate them for a 2012 Public Service Award.

Interested in making a nomination?

Send the nominee’s biography and a statement about the nominee’sachievements, to the attention of Sophia Gianacoplos, NYCLAExecutive Director, by fax: (212) 406-9252, e-mail:sgianacoplos@nycla.org; or mail to 14 Vesey Street, NewYork, NY10007.

Nomination deadline July 6

Are you a newly admitted (practicing up to seven years) public sector(prosecutor or institutional defense) attorney working in New York Cityin the field of criminal justice and carrying more than $30,000 in educa-tional debt?

Participate in the Criminal Justice Section’s 2012 Public ServiceFellowship Essay Contest for a chance to win a cash stipend of at least$2,000 to alleviate educational debt.

Submit an essay on the following topic to “Criminal Justice SectionEssay Competition,” c/o NYCLA, 14 Vesey Street, NewYork, NY10007, with a cover letter indicating your year of graduation and post-law-school work history, explaining why you entered public service andoutlining the status of your educational debt. Must be postmarked byAugust 17, 2012.

“What should New York do to prevent misidentification of a defendantfrom leading to a wrongful conviction?”

Eyewitness misidentification is a leading cause ofwrongful convictions in NewYork. Given the U.S. Supreme

Court’s recent decision in Perry v. New Hampshire and the NewYork Court of Appeals decisions in People v. Legrand and

People v. Santiago, what rules should be promulgated and whatpractices should be implemented to enhance the reliability ofeyewitness identification and its consideration by jurors?

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Court VacancyUpcoming Judicial Vacancy – Court of AppealsState of New York on Judicial Nomination Solicits Candidates

Upon the retirement of Senior Associate Judge Carmen Beauchamp Ciparick,there will be a vacancy at the Court of Appeals.

View more information & apply at http://www.nysegov.com/cjn/

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