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	<title>NY Daily Record</title>
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	<link>http://nydailyrecord.com</link>
	<description>Since 1908</description>
	<pubDate>Wed, 10 Mar 2010 23:23:52 +0000</pubDate>
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		<title>Clean energy patents set record in 2009&#160;</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/clean-energy-patents-set-record-in-2009/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/clean-energy-patents-set-record-in-2009/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 23:23:52 +0000</pubDate>
		<dc:creator>Tom Wanamaker</dc:creator>
		
		<category><![CDATA[Business]]></category>

		<category><![CDATA[Entrepreneurism]]></category>

		<category><![CDATA[Law]]></category>

		<category><![CDATA[Legal News]]></category>

		<category><![CDATA[News]]></category>

		<category><![CDATA[Technology]]></category>

		<category><![CDATA[clean energy patents]]></category>

		<category><![CDATA[record]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36207</guid>
		<description><![CDATA[The number of U.S. clean energy technology patents reached an all-time high in 2009. Last year, 1,125 such patents were granted by the U.S. Patent and Technology Office, topping 2008’s total by 200.]]></description>
			<content:encoded><![CDATA[<p>The number of U.S. clean energy technology patents reached an all-time high in 2009.</p>
<p>Last year, 1,125 such patents were granted by the U.S. Patent and Technology Office, topping 2008’s total by 200.</p>
<p>The data is reflected in the Clean Energy Patent Growth Index, issued quarterly by the law firm of Heslin Rothenberg Farley &amp; Mesiti PC. The firm’s index has tracked the granting of U.S. patents in the clean energy sector since 2002.</p>
<p>Patents in fuel cells and hybrid/electric vehicles were each up by more than 20 percent over 2008 with solar patents up 60 percent and biomass/biofuel energy patents up 260 percent.</p>
<p>Fuel cells, wind and biomass/biofuel energy patents also hit all-time highs last year. By contrast, hydroelectric and tidal patents decreased in 2009. Geothermal patents were up only a single patent over the previous year.</p>
<p>Fuel cell patents continued to dwarf the other clean energy sectors in 2009. Last year, solar patents returned to levels last seen in 2003 and were just barely edged out by wind-related patents. Wind patents are finally showing signs of leveling off after seven years of big increases, increasing by only one patent over 2008.</p>
<p>Solar energy patents appear poised to overtake wind patents to become the new second fiddle to fuel cell patents.</p>
<p>Honda once again claimed the clean energy patent crown in 2009, edging out General Motors out by four patents. Honda leads in the number of patents granted overall since 2002. Automobile companies occupy five of the top 10 patent leader spots.</p>
<p>GE also made the top 10 in 2009, continuing its strong showing with more than twice the patents of its nearest wind sector competitor, Aloys Wobben (owner of) Enercon GmbH of Germany.</p>
<p>The full index can be viewed online at <a href="http://www.cleanenergypatentgrowthindex.com">www.cleanenergypatentgrowthindex.com</a>.</p>
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		<title>Pro Bono Spotlight: Be sure to cover all of the &#8216;pro bono&#8217; bases&#160;</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/pro-bono-spotlight-be-sure-to-cover-all-of-the-pro-bono-bases/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/pro-bono-spotlight-be-sure-to-cover-all-of-the-pro-bono-bases/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 23:15:56 +0000</pubDate>
		<dc:creator>Linda Kostin</dc:creator>
		
		<category><![CDATA[Commentary]]></category>

		<category><![CDATA[Pro Bono Spotlight]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36199</guid>
		<description><![CDATA[Most attorneys will agree that providing pro bono legal services to low-income clients is a good thing. In fact, many step up and volunteer themselves. Some, like Gary B. Cohen, senior ...]]></description>
			<content:encoded><![CDATA[<div id="attachment_36200" class="wp-caption alignleft" style="width: 160px"><a href="http://nydailyrecord.com/files/2010/03/kostin-linda-web.gif"><img class="size-thumbnail wp-image-36200" src="http://nydailyrecord.com/files/2010/03/kostin-linda-web-150x200.gif" alt="Linda J. Kostin" width="150" height="200" /></a><p class="wp-caption-text">Linda J. Kostin</p></div>
<p>Most attorneys will agree that providing pro bono legal services to low-income clients is a good thing.</p>
<p>In fact, many step up and volunteer themselves. Some, like Gary B. Cohen, senior patent counsel at Xerox Corp., go the extra mile.</p>
<p>Even at VLSP, a pro bono agency fortunate to have a host of loyal volunteers, Cohen stands out for a variety of reasons.</p>
<p>He wears perhaps the widest range of hats of any VLSP volunteer. An active volunteer since 1995, Cohen regularly accepts contested family law matters. Although family law is a perennial area of need for pro bono clients, many attorneys who do not practice in the area professionally decline to do so as volunteers. In particular, it is extremely rare for corporate attorneys to master family law as skillfully as Cohen has.</p>
<p>Why take the plunge?</p>
<p>“It’s nice to have a little excitement in your practice,” he said recently. “Having a change in pace is energizing — like going off a diet and having a little fat and calories as a reward. In some areas of practice, you don’t typically see a result where individual people are helped.”</p>
<div id="attachment_36201" class="wp-caption alignleft" style="width: 160px"><a href="http://nydailyrecord.com/files/2010/03/cohen-web.gif"><img class="size-thumbnail wp-image-36201" src="http://nydailyrecord.com/files/2010/03/cohen-web-150x200.gif" alt="Gary B. Cohen" width="150" height="200" /></a><p class="wp-caption-text">Gary B. Cohen</p></div>
<p>Cohen said he also enjoys counseling clients at VLSP’s Debt Collection Advice Clinic. Serving as Xerox’s Rochester pro bono liaison, Cohen recruits teams of attorneys from Xerox to volunteer for the debt clinic.</p>
<p>“My employer provides a lot of encouragement from the top down. As long as we’re doing our job, we’re free to do pro bono,” he said.</p>
<p>Cohen credits VLSP Executive Director Sheila Gaddis and the late Hanna Cohn for providing the inspiration to volunteer.</p>
<p>“Working with Sheila and Hanna has been one of the highlights of my life,” he said.</p>
<p>A virtual walking advertisement for pro bono, Cohen’s recruitment activities aren’t limited to his colleagues at Xerox. At events ranging from VLSP’s brewery tour to state bar association CLEs, Cohen frequently shares his experiences as a volunteer in the hopes of recruiting others. </p>
<p>A member of VLSP’s board of directors and the board’s finance committee since 1998, Cohen also served as the board treasurer during VLSP’s move to the Telesca Center for Justice in 2005.</p>
<p>Upon completing his service as treasurer, Cohen took the unprecedented step of assuming responsibility for grant writing, a tremendous responsibility for a volunteer board member. He sees similarity between that role and his career at Xerox.</p>
<p>“Grant writing is a sales process. Patent applications are higher-level sales jobs. In both cases, you have to understand the package and who you’re selling to,” Cohen said.</p>
<p>Thanks to Cohen’s skill as a grant writer, VLSP has received funding to provide services to victims of domestic violence, non-parents seeking child custody, persons released from incarceration who are re-entering the community and low-income entrepreneurs.</p>
<p>Despite his enormous contributions, Cohen said he does not view his pro bono service as anything out of the ordinary. When thanked recently for all that he does, in his typically modest way he replied, “There is still a lot more I can do.”</p>
<p>Cohen offers advice for those considering volunteering with VLSP: “Just do it! People overplay how much they have to commit. The VLSP intake process is very thorough. I always feel like I have a jump on the case.”</p>
<p>VLSP staff provide support after a volunteer accepts a case. Mentoring is available, and volunteers are covered by VLSP’s malpractice insurance policy. Concerns about the possibility of a pro bono divorce taking an unexpected turn should not deter attorneys from volunteering.</p>
<p>“If you accept a divorce expecting that it will be a default and it winds up being contested, VLSP will find another attorney to help the client,” Cohen said.</p>
<p>Those interested in family law please take note: On May 7, VLSP and ProBonoNY are offering a matrimonial double header, two CLEs in one day with a complimentary lunch, “Divorce 101” and “Advanced Topics in Matrimonial Law.” The first is set for 9 a.m. to 12 p.m., the second for 12:30 to 3:30 p.m. In exchange for attending, volunteers are asked to accept one VLSP pro bono divorce case within one year. Please contact me to register.</p>
<p>There are other ways to support VLSP. Legal professionals and their friends and family are invited to the Paralegal Association of Rochester’s Charity Casino Night, set for 7 to 10 p.m. March 27 at the Webster Knights of Columbus, 70 Barrett Drive, Webster. Partial proceeds will be donated to VLSP. Tickets include a voucher for $1,000 in chips and cost $35 per person or $50 per couple. A limited number of tickets will be available at the door for $45. Enjoy a cash bar, appetizers and prizes. Attendees must be at least 21 years old. RSVP by March 22 by e-mailing Michele McKay at Harris Beach, <a href="mailto:mmckay@harrisbeach.com">mmckay@harrisbeach.com</a>, or call (585) 419-8758.</p>
<p>VLSP and ProBonoNY thank Cohen and all of the members of the legal community who stepped up last month to help low-income clients cope with a wide range of issues, including bankruptcies, wills, name changes, unemployment insurance benefits denials, grandparent/non-parent child custody, adoptions and divorces. </p>
<p><strong></strong></p>
<p><strong>February Honor Roll<br />
</strong><em>Solo practitioners and paralegal:</em> Timothy Alexson; Frank Beretta; Kathryn Birkby; Jennie Cooper; Kristine Demo-Vazquez; Lisa Morris; Barbara Orenstein; Lori Parker; William Pryor; Lisa Sadinsky; Elizabeth Stull; Paul Watkins and paralegal Nicole Heard.</p>
<p><em>Attorneys and paralegals at firms:</em> C. Bruce Lawrence (Boylan, Brown); Gerald Murphy (Forsyth Howe O’Dwyer Kalb &amp; Murphy); Roberta Feldman (Gray Feldman &amp; Rosenbaum); David Boysen (Harris Beach); Steven Carling and Diana Holl (Harter Secrest); Amy Kendall (Hiscock &amp; Barclay); Lucien Morin and Shannon Slavin (McConville Considine Cooman &amp; Morin); Dana Campbell, Michael Canfield, Joseph Carello, Ashley Edwards, John Garrett, Peter Glennon, Jared Lusk and paralegal Deborah Wilcox Mabry (Nixon Peabody); Steven Feder (Pirrello Missal Personte &amp; Feder), Michael Arnold (Place &amp; Arnold); Roy Colicchio (Remington Gifford Williams &amp; Colicchio); Helen Zamboni (Underberg &amp; Kessler); Kristin Jonsson and paralegal Marcelle Veator (Woods Oviatt Gilman).</p>
<p><em>Corporate attorneys and paralegals:</em> Emily Howard, Elena Hyman, paralegals Karen Drysdale and Cynthia Winner (Thomson Reuters).</p>
<p><em>Government attorneys:</em> Kim Taylor and Erin Tubbs (Appellate Division, Fourth Department).</p>
<p><em>Paralegal student:</em> Robert Zeigler (Monroe Community College).</p>
<p><em>Linda J. Kostin is the Pro Bono Coordinator for the Seventh Judicial District’s Pro Bono Action Now Program. Her office is located at Volunteer Legal Services Project of Monroe County Inc. She can be reached via e-mail, </em><a href="mailto:lkostin@wnylc.com"><em>lkostin@wnylc.com</em></a><em>, or phone, (585) 295-5703.</em></p>
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		<title>Paralegal Perspectives: Paralegal of the Year nominees sought&#160;</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/paralegal-perspectives-paralegal-of-the-year-nominees-sought/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/paralegal-perspectives-paralegal-of-the-year-nominees-sought/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 23:11:06 +0000</pubDate>
		<dc:creator>Pat Sexstone</dc:creator>
		
		<category><![CDATA[Commentary]]></category>

		<category><![CDATA[Paralegal Perspectives]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36195</guid>
		<description><![CDATA[For the past several years, the Paralegal Association of Rochester has recognized a paralegal for his or her achievements.]]></description>
			<content:encoded><![CDATA[<p>For the past several years, the Paralegal Association of Rochester has recognized a paralegal for his or her achievements.</p>
<p>The Paralegal of the Year Award is presented at PAR’s annual meeting.</p>
<p>PAR is now accepting nominations for this prestigious award, which will be presented at the annual meeting in May.</p>
<p>Certain requirements and criteria must be met in order to nominate an individual for the award. A nominee must be a voting member of PAR, and in good standing.  They must have been employed as a qualified paralegal for at least one year and perform substantive legal work on a day-to-day basis. The person submitting the application must include a detailed letter describing the assets, contributions and commitment — academically and/or professionally — the nominee has made to the legal profession. (Letters should be no more than two pages, in at least a 12-point font, spaced at no fewer than 1.5 spaces per line.)</p>
<p>No self nominations are permitted. An individual may be nominated by a peer, a client, a supervising attorney, a co-worker, a paralegal manager, an association member or by any organization. More than one person can nominate the same person, but must do so on separate application forms.</p>
<p>Ways in which a nominee may have made a difference within the legal profession could include:</p>
<ul>
<li>mentoring a student or someone new to the paralegal profession;</li>
<li>teaching courses or tutoring paralegal students;</li>
<li>providing pro bono legal services to the community through PAR, the Monroe County Bar Association, the Legal Aid Society, Volunteer Legal Services Project or another venue;</li>
<li>displaying commitment by volunteering in the local or national paralegal associations in some capacity, either on a committee, as a board member or representative;</li>
<li>participating as a speaker or assisting speakers in preparing a seminar, conference or convention, either on the paralegal profession or on legal issues;</li>
<li>writing articles for publication in newspapers or magazines on legal issues or the paralegal profession; and</li>
<li>participating in community service events.</li>
</ul>
<p>Nomination information can be downloaded at PAR’s Web site, <a href="http://www.rochesterparalegal.org">www.rochesterparalegal.org</a>. Nomination applications also can be requested by contacting me — e-mail <a href="mailto:patty@forsythlawfirm.com">patty@forsythlawfirm.com</a> or call (585) 262-3400. Completed applications should be sent by April 9 to the Paralegal Association of Rochester Inc., Attn. 2010 Paralegal of the Year Award, P.O. Box 40567, Rochester, N.Y. 14604.</p>
<p>Nominations will be reviewed and nominators may be contacted if their candidate is chosen. The award recipient’s identity will be kept confidential until the annual dinner.</p>
<p>Past recipients include DeAnna Martelle at Hiscock &amp; Barclay LLP (2009) and Deborah J. Wilcox Mabry of Nixon Peabody LLP (2008).</p>
<p>Help us to decide who should receive the 2010 Paralegal of the Year award by submitting a nomination today.</p>
<p><em></em></p>
<p><em>Pat Sexstone is a paralegal with Forsyth &amp; Forsyth in Rochester and is PAR’s 2010 president-elect.</em></p>
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		<title>GRAWA President&#8217;s Message: Domestic violence far too familiar&#160;</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/grawa-presidents-message-domestic-violence-far-too-familiar/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/grawa-presidents-message-domestic-violence-far-too-familiar/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 22:59:48 +0000</pubDate>
		<dc:creator>Amy Schwartz</dc:creator>
		
		<category><![CDATA[Commentary]]></category>

		<category><![CDATA[GRAWA President's Message]]></category>

		<category><![CDATA[domestic violence]]></category>

		<category><![CDATA[GRAWA Prsident's Message]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36191</guid>
		<description><![CDATA[Yes, March IS Women’s History Month. While I planned to use my monthly column to shine a bright light on the brave and marvelous accomplishments of our foremothers and sisters ...]]></description>
			<content:encoded><![CDATA[<div id="attachment_36192" class="wp-caption alignleft" style="width: 160px"><a href="http://nydailyrecord.com/files/2010/03/schwartz-amy-web.gif"><img class="size-thumbnail wp-image-36192" src="http://nydailyrecord.com/files/2010/03/schwartz-amy-web-150x200.gif" alt="Amy Schwartz" width="150" height="200" /></a><p class="wp-caption-text">Amy Schwartz</p></div>
<p>Yes, March IS Women’s History Month.</p>
<p>While I planned to use my monthly column to shine a bright light on the brave and marvelous accomplishments of our foremothers and sisters, quite frankly I do not have the stomach for it at the moment.</p>
<p>This month, bright light shone is a sad one. The grim and awful reality of domestic violence has been rocking our news for weeks now. Its face has been political and, for many of us, personal.</p>
<p>As our state Capitol continues to reel in the wake of not one but two recent domestic violence-related scandals, the Monroe County residents have been traumatized by several high-profile intimate partner homicides, including the horrifying murder of a little boy by his father. And, it is only March.   </p>
<p>On Feb. 9, state Sen. Hiram Monserrate, of Queens, was expelled from the Senate because of his criminal conviction for misdemeanor assault against his girlfriend. His expulsion was the first since the 1920s, when six assemblymen who were members of the Socialist Party of America, were kicked out of office. Monserrate challenged the Senate’s constitutional and legal authority to expel him for his conduct in federal court, but his bid was denied Feb. 19. Since then, he has campaigned actively to regain his former seat. The special election to fill his position will be held next week, on March 16. Monserrate is a former police officer.  </p>
<p>Albany has grown increasingly unstable as grave accusations involving intimate partner abuse and improper — possibly illegal — interference in a domestic violence case surfaced at the end of February. The claims have embroiled our governor and some high-ranking members of his administration as well as the New York State Police in a scandal — all in the midst of the most dire fiscal and budget crisis our state has faced in decades.</p>
<p>At the governor’s request, Attorney General Andrew Cuomo commenced an investigation to determine whether members of Paterson’s administration, the state police and, even the governor himself engaged in any improper influence in pressuring the victim to drop her case against the alleged perpetrator, top gubernatorial aide David Johnson. Although the alleged incident occurred in October 2009, Johnson was not suspended without pay until Feb. 24.</p>
<p>In the wake of those allegations, and others, New Yorkers have witnessed the resignations of Division of Criminal Justice Services Director Denise O’Donnell and the governor’s Communications Director, Peter Kaufmann. State Police Superintendent Harry Corbitt retired quickly and, as of March 9, his replacement, Acting Superintendent Pedro Perez, also retired. Paterson — who officially announced his re-election campaign in Rochester on Feb. 20 — announced Feb. 26 that he will not seek a second term. There also have been calls for Paterson to resign. As Cuomo’s investigation moves forward, more will come to light.</p>
<p>As if our state-centric ordeals were not sufficiently dispiriting, Rochester has been coping with several recent high-profile and tragic cases involving domestic violence. In November, RIT Professor Timothy Wells was arrested for allegedly strangling his wife, Christine Sevilla, to death in Perinton.</p>
<p>In December, Tyrone Manor pleaded guilty to killing his girlfriend, Desiree Curry, after he threw garden shears at her and pierced her aorta.</p>
<p>Rochester’s first murder victim of 2010, teacher’s aide Nina Smith, allegedly was shot and killed Jan. 10 by her former boyfriend.</p>
<p>Carl Nelson currently is being held without bail in connection with the second-degree murder of his girlfriend, Sherie Wilson. Wilson’s body was found Feb. 11 in a garbage bag along the shoulder of I-490 in Chili. On the following day, Greece Police found the body of 7-year-old Hunter Resch, the apparent victim of a murder-suicide perpetrated by his father, Mark.</p>
<p>The cases all are horrifying. For many, the last one simply is incomprehensible.</p>
<p>According to an October 2009 Division of Criminal Justice Services study, “Domestic Homicide in New York,” 11 percent of all 2008 homicides statewide involved intimate partners. Such homicides have increased by about 25 percent since 2007. Alarmingly, the same study found that 49.6 percent of female murder victims aged 16 and older were killed by intimate partners. Alternatively, 4 percent of male murder victims were killed by intimate partners. In that study year, all forms of domestic homicides were up 7 percent since 2007; other homicides increased by only 3 percent. Interestingly, knives, cutting, and blunt instruments were used in more than 50 percent of the crimes, followed by firearms, personal weapons such as hands or teeth, and other miscellaneous weapons. The study noted that 5 of the 48 homicides in Monroe County in 2008 were intimate partner violence-related. In 2007, Monroe County reportedly saw 6 intimate partner-related homicides. Given the alleged domestic violence murder rate in Monroe County already, it looks as though we may be well on our way to a “record” year.</p>
<p>Most communities have had the regrettable experience of contending with a domestic violence homicide at one time or another. The incidents are traumatic not only for the victims’ immediate family and friends,  but also for the community at large. First responders at the scene have their own trauma to bear. All service providers working with the families feel the pain.</p>
<p>As attorneys, we may have represented the victims in family or supreme court. Their cases may even have been planned or were pending at the time of the homicide. In the wake of an incident, we may wonder: What did I do wrong? Could I, or should I, have seen this coming? Should I have given different advice or developed a different legal strategy? In the worst case scenario, an attorney may blame himself or herself for the actions of another. Attorneys for children contend with similar turmoil as they work with their now-parentless young clients. In the most atrocious situations, attorneys for the children have to bury their young clients. Alternatively, you may have represented the perpetrator before the alleged homicide, and are left to question your foresight and your judgment. District attorneys endure having to prosecute misdemeanor- and felony-level domestic violence offenses, only to interface with the victim from her grave after she was killed by the same offender in an apparent homicide. We often forget about the court system — judges presiding over such cases also are not immune to trauma themselves, and undoubtedly face many sleepless nights as they ruminate over their own decision-making. </p>
<p>As attorneys who are, in essence, “witnesses” to such incidents, we feel a vicarious impact. In addition to questioning our judgment, we also may suffer from depression, sleep disturbances, anxiety, short-tempers, appetite changes and much more. We may question continuing in our jobs or in the systems in which we work. Such feelings are normal, and expected. It is important, however, to take care of yourself.</p>
<p>Acknowledge your personal connection to the circumstances, recognize your reactivity, understand your coping mechanisms — or lack thereof — along with your relative level of distress. You can get help and support while preserving client confidences. Find counseling, reach out to similarly situated colleagues and form a supportive community. Be kind to yourself. As a long-time domestic violence attorney, I understand these challenges all too well myself.        </p>
<p>From the challenges we are facing locally and statewide, perhaps some good can come. A viable bill on strangulation was just introduced in the state Legislature. A statewide conversation about non-perpetrator interference in domestic violence cases is being had. The inter-disciplinary team at the Monroe County Domestic Violence Consortium’s Fatality Review Committee may closely examine one or more of these homicides to determine what might have gone wrong in an effort to prevent future occurrences. </p>
<p>Another way to make change is to get more involved. Consider joining GRAWA’s Domestic Violence Committee, which reviews domestic violence-related state and federal legislation, provides local training for attorneys and judges, and seeks to raise awareness about domestic violence in our community. For more information, contact Co-Chairwomen Kate Woods, <a href="mailto:kwoods@lasroc.org">kwoods@lasroc.org</a>, or Kristin Porpora-Sturgis, <a href="mailto:KPorpora-Sturgis@lasroc.org">KPorpora-Sturgis@lasroc.org</a>.</p>
<p><em></em></p>
<p><em>Amy Schwartz is the 27th president of the Greater Rochester Association for Women Attorneys and a senior staff attorney with Empire Justice Center, where she directs the organization’s Domestic Violence Legal Project.</em></p>
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		<title>MCBA President&#8217;s Message: Ensure equal justice for all&#160;&#160;</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/commentary-ensure-equal-justice-for-all/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/commentary-ensure-equal-justice-for-all/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 22:55:23 +0000</pubDate>
		<dc:creator>Harold A. Kurland</dc:creator>
		
		<category><![CDATA[Commentary]]></category>

		<category><![CDATA[MCBA President's Message]]></category>

		<category><![CDATA[equal justice]]></category>

		<category><![CDATA[Harold A. Kurland]]></category>

		<category><![CDATA[legal system]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36187</guid>
		<description><![CDATA[The American legal system depends on several core principles. Those include equal justice for all, the adversarial system of justice and an impartial judiciary. ]]></description>
			<content:encoded><![CDATA[<div id="attachment_36188" class="wp-caption alignleft" style="width: 160px"><a href="http://nydailyrecord.com/files/2010/03/kurland-web1.gif"><img class="size-thumbnail wp-image-36188" src="http://nydailyrecord.com/files/2010/03/kurland-web1-150x200.gif" alt="Harold A. Kurland" width="150" height="200" /></a><p class="wp-caption-text">Harold A. Kurland</p></div>
<p>The American legal system depends on several core principles.</p>
<p>Those include equal justice for all, the adversarial system of justice and an impartial judiciary. Protected by those hallmarks of our legal system, American citizens can know they will have a fair shake when they must confront civil legal issues, and that their rights are assured.</p>
<p>The truth, however, is that such rights can be illusory unless the affected person is represented by a competent lawyer. The legal system — including its laws, regulations, and procedures — is too complicated to approach without legal representation. Because few can afford to pay for a lawyer for the amount of time needed to handle the complicated problems often confronted even by those with the fewest resources, there is great risk our legal system’s guarantees will be illusory.</p>
<p>Many organizations attempt to provide civil legal services for those who cannot otherwise afford them.</p>
<p>Services are available to clients whose earnings and other financial resources fall well below federal poverty guidelines. Programs such as the Volunteer Legal Services Project of Monroe County Inc. (which relies on volunteer lawyers) and the Legal Aid Society (which primarily uses staff attorneys) both use similar eligibility guidelines. The impact is that the destitute will qualify for free legal services, but those with some income or other resources may not qualify for pro bono counsel, and may not otherwise be able to afford counsel.</p>
<p>Demand is so high and resources are so low that even those who qualify for legal services are not likely to have them available at the levels they require.</p>
<p>One excellent source of funding for civil legal services in New York has been the IOLA fund, or Interest on Lawyer Accounts. Interest earnings from various bank accounts held by lawyers and others for brief periods are reserved by statute for the benefit of civil legal services, and are accumulated and distributed as needed.</p>
<p>The problem, however, is that increasing demand, a worse economy and very low interest rates are reducing substantially the amount of available IOLA funds.</p>
<p>A proposal is pending to contribute $15 million set aside in the Unified Court System’s budget to support civil legal services and compensate for reduced IOLA support. That amount has not been funded to date, but the concept appears to have broad support. The Board of Trustees of the Monroe County Bar Association only a few weeks ago authorized a resolution supporting the $15 million contribution, but approval and funding are far from clear.</p>
<p>Lawyers from the MCBA and elsewhere in Monroe County also actively support the Campaign for Justice, an annual campaign to provide operating support for VLSP, the Legal Aid Society and the Monroe County Legal Assistance Center, which has raised more than $230,000 in each of the last several years.</p>
<p>A related approach is to remind lawyers in all walks of life of their professional commitment to contribute at least 20 hours of time for volunteer legal services. Many lawyers do volunteer their time for pro bono legal services, but many do not. Such work not only fulfills professional responsibilities, but also can be very satisfying for the lawyer and provide invaluable experience. Hundreds of MCBA members and others volunteer for such programs through VLSP.</p>
<p>Another related concept is known as civil Gideon, which stems from the legendary U.S. Supreme Court case, Gideon v. Wainwright. The Supreme Court held in 1963 that anyone accused of a crime who cannot afford legal services has a constitutional right to such representation. That need is met by public defenders’ offices in many areas, but generally it does not apply to civil legal services.</p>
<p>For civil legal services, impoverished clients have limited options. In addition to pro bono support directly from volunteer lawyers and participation in programs funded to supply such services at no charge, VLSP operates a variety of clinics that provide free legal services. There also are contingent fee cases, usually on behalf of plaintiffs in personal injury claims, from which a percentage of the ultimate award is used to pay the legal fee of the claimant’s lawyer. Other categories of cases — such as those brought under certain federal employment discrimination laws — provide for “fee shifting,” in which the loser must pay for the reasonable legal fees incurred by the prevailing party.</p>
<p>An ongoing educational effort is required to increase the public’s awareness of the resources available to provide those most in need with civil legal services at no cost. Similar efforts are required to inform lawyers of their obligations to provide such legal services, and to organize those efforts and provide an appropriate meeting space to support them. In Rochester, the Telesca Center for Justice provides critical support in those areas, since it is where the offices of four legal services agencies are located, and where meetings and educational programs for lawyers are supported.</p>
<p>Chief Judge Jonathan Lippman spoke recently at a synagogue in Manhattan about many of the topics I’ve broached here, and expressed a deep commitment to providing equal justice for all through better access to the legal system. Locally, the Hon. Michael Telesca has said the same thing, repeatedly, and that without equal access there cannot be equal justice. It is a challenge for all lawyers to meet.</p>
<p>Clearly the need to make equal justice a reality through providing sufficient and competent legal services for those who cannot afford them is a continuing challenge that must be addressed from many directions. The organized bar and the legal profession have done much to address the need, devoting countless hours and contributing millions of dollars, often with little or no public appreciation for their contributions.</p>
<p>Recognized or not, those efforts are most worthwhile, because they help to achieve the core goal of ensuring equal justice for all.</p>
<p><em>Harold A. Kurland is president of the Monroe County Bar Association. He is a founding partner of Ward Norris Heller &amp; Reidy LLP, which primarily handles civil litigation for corporate and institutional clients.</em></p>
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		<title>Did Roberts attend his last State of the Union? &#160;</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/did-roberts-attend-his-last-state-of-the-union/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/did-roberts-attend-his-last-state-of-the-union/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 22:44:28 +0000</pubDate>
		<dc:creator>Dolan Media Newswires</dc:creator>
		
		<category><![CDATA[Government Federal]]></category>

		<category><![CDATA[Law]]></category>

		<category><![CDATA[News]]></category>

		<category><![CDATA[Politics]]></category>

		<category><![CDATA[Chief Justice John Roberts]]></category>

		<category><![CDATA[Congress]]></category>

		<category><![CDATA[judicial branch]]></category>

		<category><![CDATA[State of the Union]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36184</guid>
		<description><![CDATA[When the president gives his next State of the Union address, don’t be surprised if the nation’s chief justice is not sitting front and center.]]></description>
			<content:encoded><![CDATA[<p>When the president gives his next State of the Union address, don’t be surprised if the nation’s chief justice is not sitting front and center.</p>
<p>Chief Justice John G. Roberts, Jr. said he found President Barack Obama’s address to Congress — during which the president chided the Court’s campaign finance law decision and Justice Samuel Alito winced and said “not true” — to be “troubling.”</p>
<p>“The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court — according the requirements of protocol — has to sit there expressionless, I think is very troubling,” the chief justice said in a speech at the University of Alabama Law School this week.</p>
<p>He said he is inclined to agree with Justices Antonin Scalia and Clarence Thomas, who stopped attending the president’s addresses years ago. Sitting expressionless “like a bump on a log” while members of Congress cheer or hiss around the justices was unseemly, Justice Scalia has explained. Justice Thomas also eschews the atmosphere of “catcalls” and “whooping and hollering.”</p>
<p>Chief Justice Roberts echoed their sentiment.</p>
<p>“To the extent the State of the Union has degenerated into a political pep rally, I’m not sure why we’re there,” Chief Justice Roberts said.</p>
<p>He also said the Senate confirmation process for Supreme Court justice was “broken down,” since it consists largely of lawmakers asking nominees questions they are prohibited by judicial ethics rules from answering.</p>
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		<title>Ravitch offers radical budget plan</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/ravitch-offers-radical-budget-plan/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/ravitch-offers-radical-budget-plan/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 22:40:16 +0000</pubDate>
		<dc:creator>The Associated Press</dc:creator>
		
		<category><![CDATA[Economy]]></category>

		<category><![CDATA[Finance]]></category>

		<category><![CDATA[Government State]]></category>

		<category><![CDATA[News]]></category>

		<category><![CDATA[balanced budget]]></category>

		<category><![CDATA[five-year plan]]></category>

		<category><![CDATA[independent review board]]></category>

		<category><![CDATA[Legislature]]></category>

		<category><![CDATA[Lt. Gov. Richard Ravitch]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36181</guid>
		<description><![CDATA[ALBANY — Lt. Gov. Richard Ravitch has proposed a five-year plan for getting New York’s state government’s notorious overspending under control by requiring balanced budgets through the fiscal year.]]></description>
			<content:encoded><![CDATA[<p>ALBANY — Lt. Gov. Richard Ravitch has proposed a five-year plan for getting New York’s state government’s notorious overspending under control by requiring balanced budgets through the fiscal year.</p>
<p>The proposal includes borrowing up to $2 billion a year for the next three years to right the state’s finances.</p>
<p>It would also create an independent financial review board under a law that would empower a governor to make spending cuts to balance budgets without the Legislature’s approval.</p>
<p>Lawmakers, however, would have to approve the Ravitch proposal, which would take away some of their power to protect school aid and other spending for powerful special interests.</p>
<p>Ravitch, who detailed his plan Wednesday, has a long record of dealing with fiscal crises in New York.</p>
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		<title>Standardized testing lecture set</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/standardized-testing-lecture-set/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/standardized-testing-lecture-set/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 22:37:58 +0000</pubDate>
		<dc:creator>Daily Record Staff</dc:creator>
		
		<category><![CDATA[Education and Educational Services]]></category>

		<category><![CDATA[News]]></category>

		<category><![CDATA[Mark Garrison]]></category>

		<category><![CDATA[Nazareth College]]></category>

		<category><![CDATA[standardized testing in education]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36178</guid>
		<description><![CDATA[Nazareth College will host a lecture on the increased use of standardized testing in education. ]]></description>
			<content:encoded><![CDATA[<p>Nazareth College will host a lecture on the increased use of standardized testing in education.</p>
<p>Mark Garrison will address the topic “Setting Standards for Who Decides: High Stakes Testing and the Future of Public Education.”</p>
<p>Garrison is an associate professor of educational leadership and director of doctoral programs at D’Youville College. He has worked in higher education as a researcher, instructor and administrator for more than 15 years, and his research interests include study of the public/private distinction in education law and policy, educational assessment and testing, and market-based education reforms.</p>
<p>His book, “A Measure of Failure: The Political Origins of Standardized Testing,” was published by SUNY Press in 2009.</p>
<p>The event is free and open to the public and will take place from 7 to 9 p.m. March 31 at the Medaille Formal Lounge at Nazareth College, 4245 East Ave. For more information call (585) 389-2623.</p>
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		<title>Firm rankings to be discussed</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/firm-rankings-to-be-discussed/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/firm-rankings-to-be-discussed/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 22:34:19 +0000</pubDate>
		<dc:creator>Daily Record Staff</dc:creator>
		
		<category><![CDATA[Business]]></category>

		<category><![CDATA[Features]]></category>

		<category><![CDATA[Law]]></category>

		<category><![CDATA[Legal News]]></category>

		<category><![CDATA[Local Business]]></category>

		<category><![CDATA[News]]></category>

		<category><![CDATA[A. Vincent Buzard]]></category>

		<category><![CDATA[Harris Beach PLLC]]></category>

		<category><![CDATA[law firm rankings]]></category>

		<category><![CDATA[Monroe County Bar Association]]></category>

		<category><![CDATA[panel discussion]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36175</guid>
		<description><![CDATA[Harris Beach PLLC attorney A. Vincent Buzard will participate in a panel discussion, “The Future of Law Firm Rankings,” in Rochester April 6.]]></description>
			<content:encoded><![CDATA[<div id="attachment_36205" class="wp-caption alignleft" style="width: 160px"><a href="http://nydailyrecord.com/files/2010/03/buzard_vincent-color-web.gif"><img class="size-thumbnail wp-image-36205" src="http://nydailyrecord.com/files/2010/03/buzard_vincent-color-web-150x200.gif" alt="A. Vincent Buzard" width="150" height="200" /></a><p class="wp-caption-text">A. Vincent Buzard</p></div>
<p>Harris Beach PLLC attorney A. Vincent Buzard will participate in a panel discussion, “The Future of Law Firm Rankings,” in Rochester April 6.</p>
<p>The Monroe County Bar Association Speakers Forum will be moderated by MCBA President Harold A. Kurland.</p>
<p>At last month’s House of Delegates Mid-Year Meeting in Orlando, the American Bar Association adopted a resolution to study a ranking of law firms being undertaken by U.S. News &amp; World Report and Best Lawyers.</p>
<p>The list will rank law firms in 250 metropolitan communities nationwide, including Rochester. The top law firms in each state will be ranked as will the top firms in the nation. </p>
<p>The effort to have the ABA examine the validity and reliability of the ranking of law firms was led by Buzard, a former president of both the MCBA and the New York State Bar Association. He plans to discuss how he and the NYSBA pushed the resolution through the House of Delegates over the opposition of the ABA president, what the US News &amp; World Report and Best Lawyers entails and why the state bar took the position that  rankings may negatively impact the profession and mislead consumers.</p>
<p>For more information about next month’s forum, visit <a href="http://www.mcba.org">www.mcba.org</a>.</p>
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		<title>City seeks developer for Valley Court</title>
		<link>http://nydailyrecord.com/blog/2010/03/10/city-seeks-developer-for-valley-court/</link>
		<comments>http://nydailyrecord.com/blog/2010/03/10/city-seeks-developer-for-valley-court/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 22:28:48 +0000</pubDate>
		<dc:creator>Daily Record Staff</dc:creator>
		
		<category><![CDATA[Business]]></category>

		<category><![CDATA[Local Business]]></category>

		<category><![CDATA[News]]></category>

		<category><![CDATA[Real Estate]]></category>

		<category><![CDATA[apartments]]></category>

		<category><![CDATA[developer]]></category>

		<category><![CDATA[request for proposal]]></category>

		<category><![CDATA[Rochester Department of Neighborhood Development]]></category>

		<category><![CDATA[Valley Court Apartments]]></category>

		<guid isPermaLink="false">http://nydailyrecord.com/?p=36172</guid>
		<description><![CDATA[Rochester’s Department of Neighborhood Development has issued a request for proposal for the Valley Court Apartments in Southwest Rochester. ]]></description>
			<content:encoded><![CDATA[<p>Rochester’s Department of Neighborhood Development has issued a request for proposal for the Valley Court Apartments in Southwest Rochester.</p>
<p>The department is seeking a qualified developer to construct market-rate housing on a 4.5-acre parcel on Genesee Street, which already includes three apartment buildings.</p>
<p>Proposals must include owner-occupant, market-rate residential housing. City officials believe the site is in an attractive location due to its proximity to the Genesee River, the University of Rochester/Strong Medical Center and Genesee Valley Park.</p>
<p>“The successful development of the Valley Court parcel will be a real shot in the arm for the 19th Ward and all of Southwest Rochester,” Mayor Robert J. Duffy said in a press release Tuesday.</p>
<p>The RFP can be viewed online at <a href="http://www.cityofrochester.gov/valleycourt">www.cityofrochester.gov/valleycourt</a>.</p>
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