A Happy New Year's Surprise: Unemployment Benefit Extensions Set To Expire By End Of The Year

Readers of your blog should note that the recent unemployment extensions do not apply to everyone. This is especially important for those laid off after July 1, 2009, as we go into the holiday season when temp hiring may slow down.

http://www.nytimes.com/2009/11/19/us/19unemploy.html?_r=1&hp

NY DWI: How to Deal with Your Loss of License

The first order of business after any DWI arrest is what's going to happen to your driver's license?

In New York State, we have a "suspension (of license privilege) pending prosecution" which will usually occur at arraignment (initial appearance). Fortunately, New York does have a hardship privilege, and also offers conditional licenses for specific purposes. How those privileges are obtained, how wide or narrow they are, and how they will fit your life's transportation needs is dependent upon many factors.

If someone hires a lawyer early (way before arraignment) then the total license issues (in state, out of state, conditional, hardship) can be evaluated and prepared for.

Are you a student? If you are a college student, what state is your license from? Are you doing late night or weekend research? If you have a job, what "type" of work do you do? Are you in transition between states, jobs, or homes? Are you divorced or separated? Do you need to pick up or transport minor children? Do you have child care responsibilities? Are you self -employed? Does your job require meeting with clients? Do you live in a rural location? Are you planning on moving to another state in the near future? Do you or a family member have medical needs? Your response to every one of these questions is important. What type of proof is the judge going to require to obtain a hardship privilege?

My first goal is to keep someone employed (able to get to and from work) and functional.

My second goal is to lessen license penalties (time of full suspension or revocation).

My third goal is to prepare for potential future issues (re-location, re-licensure).

There are ways to save time and money dependent upon your unique situation.

The first change every driver must make is going from a full privilege to drive to a conditional (restricted) privilege to drive. This may be for a period of weeks to months depending upon the facts of your case. If your case can be easily resolved (negotiated) then license issues can be further minimized.

Generally, the first 30 days (after initial appearance) will be the hardest because of two things:

1. the hardship privilege is the most restrictive type of conditional license (very narrow language of "to and from" work, "to and from" school, and "to and from" medical care)

2. SPECIFIC PROOF MUST be provided to the Court (the Judge will usually only allow what can be proven to where there is "no alternative reasonable means of transportation").

The next time period (after the first 30 days of arraignment) you can go to any NYS DMV office, and apply for the Conditional License. This requires NO PROOF. You fill out the application and your work privileges go from the "to and from" to "in the Course of employment," which is a much wider license.

Of course, the absolute best thing to do is to hire a knowledgeable DWI attorney early and to discuss all the specifics of your situation. This will give you the best chance to save time, money, and aggravation.

ABA Shakes Up Its' Leadership

ABA shakeup ousts top staff members
by Lynne Marek, The National Law Journal, November 18, 2009

The resignation this week of Henry "Hank" White Jr., (pictured at right) the American Bar Association's executive director, follows other recent staff departures amid a reorganization set in motion by the ABA's new president, Carolyn Lamm (at left).



The chief financial officer, Kenneth Widelka, who was arguably the No. 2 staff official below White, left in September after just over a year in the job. Widelka was replaced this month by Kathryn Shaw, formerly vice president for Siemens Building Technologies.

White has been executive director since October 2006. R. Thomas Howell Jr., now the ABA's general counsel, will become interim executive director on Friday when White exits.

"We've lost some very good people," said Howell, who was hired by White and said he was sorry to see him leave. "On the other hand, the needs of the organization change."

Lamm, who became president in August, said the central thrust of the reorganization, which began in late August or early September, has been to winnow the number of people reporting to the executive director by about half in an effort to increase management impact. She said it was a change that the leadership of the 1,000-employee organization had been contemplating for years. "Now we're going to function even more effectively than we were," Lamm said.

The ABA, which has just under 400,000 members, has also grappled with a declining membership over the past few years. Lamm said the budget has been cut to adjust to income being down about 5-10%.

In the reorganization, duties in membership, marketing and media relations have been reshuffled, eliminating at least one leadership position and creating a new chief marketing officer slot that the ABA is still seeking to fill. Three candidates interviewed for the post in September weren't a good fit, Lamm said. A new media relations director job in the ABA's Washington office is also open.

White, a lawyer, brought an unusual background to the ABA's top staff post. He is a former Navy vice commander of the U.S. Fleet Forces Command, where he had oversight of a multimillion-dollar budget, according to his ABA biography. Between the Navy and the ABA, he opened the New York office of Los Angeles-based Barger & Wolen in 1992 and served as president of the Institute of International Containers Lessors in the late 1990s. He earned $557,500 in the ABA post in 2007, according to an Internal Revenue Service filing.

Some ABA members said White's military background may have led him to demand more order than was achievable in a large organization with many offshoots. Lawrence Fox, a Drinker Biddle & Reath partner in Philadelphia who is active in the organization, remembered the time White brought out a slide of some 35 different ABA logos and suggested the organization seek more uniformity.

"I think he wanted to make a lot of things more orderly, and that put him into friction with some people," Fox said.

White declined to comment other than to forward an e-mail he had sent to colleagues on Monday, announcing that his last day would be Nov. 20.

"I was asked to join the ABA team to review internal processes, recommend changes and implement those that seemed appropriate despite any challenges that may arise," White said in the Nov. 16 e-mail. "During this time, we faced many challenges but overcame them with grace and determination — the result of working with a great group of colleagues."

Citing a confidentiality agreement, Lamm declined to comment on White's departure other than to say, "We're both moving on to good things." She also said she didn't know what White's future plans are. A six-person committee of elected ABA leaders, including Lamm, will search for his replacement.

Lynne Marek can be contacted at lmarek@alm.com.

New York Passes New Tougher DWI Laws

Yesterday I was first up in Ithaca City Court (first come first served), with four DWI cases in various stages of disposition. Judge Rossiter began the morning by announcing to a full Courtroom (240 cases on her docket) about the new New York DWI legislation that was a coming.

On November 18, 2009, Governor Paterson signed into law, Governor's Program Bill Number 204, The Child Passenger Protection Act, also known as Leandra's Law, it passed by the wide margin of 58-0.

New York State now joins 35 other states that make it a class E felony for first time DWI offenders driving with children as passengers. Class E Felonies carry State prison terms of 1 to 4 years, and 5 years of probation.

This new law also makes Ignition Interlock Devices Mandatory for first time DWI offenders. This is something the Court must impose for a period of at least 6 months. Illinois just put this into their law in 2009, and many other states are following suit.

Specifically under the new law:

1. First time DWI offenders (the per se violation of a BAC .08 or higher and/or common law DWI) or Impaired by drugs (DWAI drugs) driving with a child (15 years or under) may be charged with a Class E Felony. In the past, DWIs were only charged as Class E felonies after a second DWI was committed within a 10 year time period.

2. Mandatory Driver License Suspension (pending prosecution) for people so charged. This is no different than the law in it's current form.

3. Courts MUST order an ignition interlock device on all those convicted of DWI. There is a minimum 6 month time period for Installation and maintenance of the device on any vehicle owned and operated by those convicted of DWI.

4. The Probation Department within each respective county will monitor, issue regulations, and oversee these Ignition Interlock Devices, and their usage. Reading between the lines that means Probation Supervision is a likely possibility ( 3 years for a misdemeanor DWI, and 5 years for a felony DWI) for those convicted as well.

5. Drivers who cause serious physical injury (the threshold for serious injury is not very high) to children 16 or younger will be charged with a Class C Felony, punishable by up to 15 years in State Prison.

6. Drivers who cause the death of child may be charged with a Class B Felony, punishable by up to 25 years in State Prison.

7. Drivers (who are also parent, guardian, or legally responsible for a child) charged with any DWI or DWAI drugs while "that" child is a passenger will also be reported to the Statewide Central Register of Child Abuse and Maltreatment. Child endangerment charges are another likely scenario as well as being held as an unfit parent or legal guardian.

The good news, this year I have not had any DWI cases where my clients had children 16 years or younger as passengers in their cars. Although I did refer a DWI case with a NY driver traveling through another state who did have his children asleep in the back seat of his car. If that same case played out here, with this new legislation in place, it would be a potential nightmare on so many levels.

In that situation, the Office of Children and Family Services would be involved, and those parents would be facing criminal court and family court, and an open Pandora's box of problems. Charges of Child maltreatment, Child neglect, and Child abuse may add to all the other issues facing first time DWI offenders.

Lawrence Newman, D.C., Esq.

http://www.ithacadwi.com

Blacklisted By Lexolution

Wear it as a badge of honor. The arrogance and greed of those shysters is so great that they think they are immune from 19th century fire and labor code regulations.

"I just walked off a LeClair Ryan document review gig. Although the fact that I was thankfully offered a better paying job at another firm and by another agency, the work conditions at LeClair were so ridiculous that I probably would have left anyway. Some of the random activities prohibited at this jokehouse: wearing earphones, making phone calls, text msging, doing anything with your phone, having a non document review related conversation with anyone near you, etc.

Despite promptly notifying my rep, I still was graced with a bitchy phone call about how unprofessional I am. Oh, I almost forgot, 15 dollars an hour. Parking not included.

I imagine I'm now blacklisted from Lexolution, but I'm so bitter I couldn't care less."

What does Your DWI Lawyer Believe?

I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me "sirs" thrown my way pauses me to think, to reflect, and to question.

I feel extremely fortunate for my time here, my practice, and my opportunities. I have had 23 years of practicing both as a Chiropractic Physician, and as an Attorney at Law. Along the way I have had the pleasure and pain of helping thousands of people get through some of the worst times in their lives. I am at heart a caretaker. I am good at helping people heal. Whether with a word or a touch, it is my gift and ability.

I love to learn. What I have returned to again and again is that a person's beliefs will truly control and direct their destiny. At it's core, belief systems can be a series of convictions. Things that people are convinced about. They will fight to maintain them, and to honor their truth.

How many things do we believe in that are "true"? Only later to discover are false. They are propaganda, they are the ideas of others that we have bought into.

I caution those that pick counselors, choose leaders, and hire advisors to first find out what those people BELIEVE.

What does your doctor believe? Does he believe in the miracle of life and love? Does he believe that everything he was taught was fatal, actually is? Does he believe that the mind can affect the body? Does he believe that natural cures and remedies could work? Does he believe that everyone fits in the same box and should receive the same medicine? Does he buy into the value of rest, fresh air, and exercise? My father's doctors all smoked, and were overweight. They cautioned me about doing too much exercise. My father died of a third heart attack at the young age of 51. All his "trusted" doctors, his health advisors died early just like he did.

Now think about this for a moment, this is your doctor, and he is going to advise you, he is going to recommend treatment, he may even render a surgical opinion, how important is his belief system to the ultimate outcome of your care? It is everything! How he feels about drugs, food, surgery, and all else will color his advice to you.

Now take that understanding and perspective to the attorney that is going to represent you.

What does your DWI Defense attorney believe? Does he believe that the breath test is a very accurate, reliable, scientific, and valid measure of blood alcohol concentration? Does he believe that field sobriety tests are fair? Does he believe that the police officer's opinion, and his report are the truth?

I have met many attorneys whose belief systems are defeatist. They are sunk before they even begin. Where can you possibly go if you BUY into the prosecutor's machine result? What can you possibly argue with any heart or passion if you believe that your client is guilty as charged?

The reason why the best (I use that term with caution) DWI defense attorneys go to seminars (on the breath machines and field sobriety tests) is not only to gather knowledge BUT more importantly to topple belief systems. To challenge the reliability, accuracy, and validity of "objective" evidence. To change their minds about possible versus probable. To discover and uncover the natural and persistent doubt that goes with a great defense of the government's proof.

In my opinion the best DWI defense lawyers are SKEPTICS. They want to be shown, they are doubters, they are devil's advocates, they are in a word "difficult" and hard to convince.

What your lawyer and your doctor believe is very important to you and your future.

This is what I believe:

1. Machines are not perfect. They make mistakes. Even when they work perfectly they are subject to error. Often the people that use them use them incorrectly. Breath testing is convenient and cheap, it is not scientific, accurate, or reliable in it's current form.

2. All DWI cases must be looked at in detail, and the evidence must be gathered so that the situation can be looked at in the TOTALITY. How I feel about a case or advise a client will turn upon a full, fair, and realistic evaluation of everything.

3. Opinions are just that. A viewpoint, and a perspective, that have a bias, and that are highly subjective.

4. Lawyers need to understand what is important to their clients. My job is to guide, advise, and represent "their" interests being mindful of "their" values.

5. What people want, and what they can have may be world's apart. While lawyers can predict outcomes, we certainly cannot guarantee them. Many things are outside of our control. Judges, juries, and facts beyond change (accidents, prior convictions, chronologies, etc.) can impact final outcomes. When it comes to legal matters, You may want the cheerfulness of an optimist and hate the opinion of the pessimist, but what you really want is the advice of a realist.

Always ask your doctors, and your lawyers what they "believe" before you hire them to help you.

An Open Letter To Dean Richard "The Slimeball" Matasar

"Tom:

Attached is a copy of an email I sent to Richard Matasar at New York Law School. I'm forwarding it to you because I thought you might be interested in it, given your recent post on your blog about Access Group and Matasar.

Thanks and keep up the good work with the blog."


---------- Forwarded message ----------
From:
Date: Sat, Nov 14, 2009 at 11:21 AM
Subject: Letter from an '02 almunus
To: rmatasar@nyls.edu

Dear Mr. Matasar:

My name Is . I am a 2002 graduate of New York Law School, and I am admitted to practice in both New York and New Jersey.

I am writing to encapsulate and memorialize my disappointment with both you and New York Law School in general. I'm terribly disappointed with how my legal "career" has played out in the seven years since I graduated, and I was shocked and outraged to hear that you concurrently serve as Dean of NYLS AND as Chairman of the Access Group (a CLEAR conflict of interest that should be addressed by the ABA and New York Bar Ethics Committee).

In short, my NYLS degree is not worth the incredibly high price tag that I paid for it, using student loan funds I obtained from your Access Group. I was unable to ever obtain a permanent legal job that would pay me enough to both service my student loan debt and put food on my table. This was not for lack of trying; I utilized Attorney Resume and paid top dollar to have my resume written and gain access to almost 1,000 law firms' contact information, only to be rejected by EVERY firm to which I sent my resume. (That's correct: almost 1,000 REJECTIONS - both affirmative rejections and "trashcan rejections," where they didn't write back. Not even ONE interview.)

I contacted the NYLS "Career Services Department" in 2003 (in quotes because it's not really a Career Services Department, but a farce). They apologized that I was having problems and directed me to a link on the NYLS website to TEMP AGENCIES, under the guise of "Legal Recruiters." "Lots of our graduates do Contract Attorney work to hold them over until they can find permanent employment," they said. Little did I know what "Contract Attorney" work entailed, how horribly and disrespectfully I'd be treated, and how I'd ruin even the slightest chance I'd have to secure a permanent job with the albatross of "Contract Attorney" on my resume. But this was supposed to "hold me over," as per your "Career Services" department's assertion.

Since I was desperately in need of income in order to eat and service my debt to your Access Group, I contacted the temp agencies and was soon put to work for approximately $30 an hour. The conditions were reminiscent of a Third World sweatshop; there were over 100 "attorneys" stuffed into a dingy, poorly ventilated basement that was infested with cockroaches! And there were an inordinate amount of NYLS graduates on this job; I don't have an exact number, but I would estimate at least 15 or so.

This project lasted approximately three months, at which point it ended and I registered with several other agencies. I quickly was placed on another project that was worse than the first one, at a very prestigious downtown firm. We were shoved into a sub-sub basement, surrounded by mountains of dusty and dirty boxes, and made to review the contents of these boxes. Now I have no aversion to getting my hands dirty, but this was ridiculous, given the abuse we sustained at the hands of our supervisors. I won't go into more detail, but it was a terrible experience. And, once again, there were and inordinate number of NYLS graduates working with me.

These temporary jobs continued for five years. For five years, I bounced from one temporary job to another, some lasting for a few weeks, some lasting almost a year. No opportunity for advancement, no respect, no benefits (or at least benefits that were too expensive for me to afford, given I was being soaked by the Access Group each month and had other bills to pay.) Then the economic crisis of 2008 happened.

I completed my last (and possibly worst) temporary project in November 2008. Since then, I have been unable to land another temporary project. That's right, Mr. Matasar: I have been unemployed for ONE YEAR!! For one year, I've been collecting unemployment benefits and struggling to make my student loan payments to your Access Group.

In the past year, I've been frantically trying to find work, to no avail. I've sent out hundreds of resumes, to no avail. I even have an interesting story for you:

A college friend of mine works for Cognizant, a mobile communications technology company. Upon hearing of my plight, he asked me to give him my resume so he could forward it to his friend in the legal department. I hesitatingly did so, knowing in my heart and mind that I would be quickly rejected and laughed at because of all the Contract Attorney experience listed on my resume. (It has been my experience that Contract Attorney experience is a quick way to get your resume thrown into the trash in record time. I've heard several interesting justifications for this, including that Contract Attorney experience is an indicator that the candidate "didn't really want a permanent position." Meanwhile, Contract Attorney work was the ONLY work I could get that would allow me to earn enough money to survive and pay my debt to THE ACCESS GROUP. Can you say CATCH-22, Mr. Matasar?)

My prediction came true: my friend called me a few days after forwarding my resume and told me his friend in the legal department determined that I "didn't have the skill set" they needed. My friend pressed him to define exactly what he meant by "skill set," and he said the following (my friend actually took notes):

1) New York Law School is a joke, a farce. They don't even consider NYLS graduates for attorney positions. He might be able to get me an interview for a paralegal position though, but it's a long shot. (Mr. Matasar. I AM A LICENSED ATTORNEY, NOT A PARALEGAL!! I SPENT OVER $140,000 TO OBTAIN MY J.D. FROM NYLS AND I'M ADMITTED TO PRACTICE IN TWO JURISDICTIONS!!)

2) Contract Attorney work is GARBAGE. It's document review and can be done by "monkeys." It's not substantive legal experience, and is indicative of my not wanting to get a permanent job. (Meantime, I couldn't get any other work, as I've said. My friend even told him this, but it went in one ear and out the other.)

3) There was no way my friend's friend could forward my resume to his superior without looking foolish and being repremanded for wasting his superior's time.

So, Mr. Matasar, there you have it. I spent top dollar, which I borrowed from your ACCESS GROUP, to get my J.D. from NYLS and pass two bar exams, only to be shunted aside, marginalized, and humiliated by the legal industry. I am on the verge of bankruptcy and as of next month, I will be unable to continue making payments on my ACCESS GROUP student loans. I plan on writing a letter when the next payment is due, explaining that I didn't get what I paid for and was mislead by NYLS's job statistics prior to enrolling (NYLS misleads potential students with employment numbers - you include temporary Contract Attorneys as being fully employed at large firms, which is not the whole truth), and I'm suspending my payments. I am prepared and willing to face the legal wrath that will occur when I default, and I see it as a golden opportunity for me to expose both NYLS's fraud and your unethical conflict of interest

I plan on expressing my outrage at your conflict of interest, namely that you are concurrently the Dean of New York Law School AND the chairman of the Access Group. You thus have a VESTED INTEREST in continuing to mislead NYLS students, convincing them to take on huge amounts of debt from your ACCESS GROUP, which means you personally reap a double benefit. It's not right, and it's not fair. I can't believe you think this conflict is acceptable. It's so wrong, so unethical, and it needs to be addressed on a much bigger level than this email.

Sincerely,