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FEBRUARY 2018 | VOL. 5 | NO. 2

HIRING AN ENTRY LEVEL LAWYER

2018

... P. 6

Annual Meeting

and past presidents’ dinner WEDNESDAY, MARCH 7, 2018

February 13, 2018 ... p. 5

Slate of Officers 2018-2019 and Absentee Voter Proxy Form ... p. 2 Annual Meeting Registration Form ... p. 3

Also inside ... SAVE THE DATE: May 17–WCBA’s Annual Banquet and Induction of Officers ... p. 1 CALL TO ACTION: Volunteer for the High School Mock Trial Tournament ... p. 11 What’s Going On ... p. 16 Weekly Mindfulness Meditation Program ... p. 16 February 14: Brown Bag Lunch Series with Hon. Linda S. Jamieson and Guest ... p. 17 CLE Center ... pp. 18–20 From the Back Bench ... p. 22

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Published by the Westchester County Bar Association 4 Westchester Park Drive, Suite 155 White Plains, NY 10604 Tel.: 914.761.3707 | Fax: 914.761.9402 Email: [email protected] | www.wcbany.org

OFFICERS AND STAFF Stephanie L. Burns, Esq. PRESIDENT Richard S. Vecchio, Esq. PRESIDENT-ELECT Hon. Linda S. Jamieson VICE PRESIDENT James L. Hyer, Esq. VICE PRESIDENT Dolores Gebhardt, Esq. SECRETARY Jessica Thaler-Parker, Esq. ASSISTANT SECRETARY Wendy M. Weathers, Esq. TREASURER Hon. Michael J. McDermott ASSISTANT TREASURER Richard M. Gardella, Esq. EDITOR-IN-CHIEF Isabel Dichiara EXECUTIVE DIRECTOR Althema G. Goodson MSOL DIRECTOR OF CLE, MEMBERSHIP & EVENTS Diana E. Lemon DIRECTOR OF GRIEVANCE, LRS & ASSIGNED COUNSEL Mary Ellen McCourt DESIGN & COMMUNICATIONS MANAGER

BOARD OF DIRECTORS

Hon. John P. Colangelo Michael H. Friedman, Esq. James K. Landau, Esq. Paul M. Millman, Esq. John Pappalardo, Esq. Tejash V. Sanchala, Esq. Andrew P. Schriever, Esq. Robert A. Spolzino, Esq. Sherry Levin Wallach, Esq.

Submission of material to the WCBA for inclusion in the Westchester LAWYER, Westchester Bar Journal, website or other WCBA publication, grants the WCBA limited copyright and full permission to reprint the material in any WCBA publication, on the WCBA website, or with LexisNexis or Westlaw at any time without additional consent. Please note that any opinions expressed in the articles contained herein are solely those of the author(s) and do not|constitute positions the WCBA. cvr2 FEBRUARY 2018taken | by WESTCHESTER LAWYER

SAVE THE DATES 1 May 17, 2018: 120th Annual Banquet Information 2-3 March 7, 2018: Annual Meeting & Past Presidents’ Dinner Proxy and Registration Forms 5

February 13, 2018: Mardi Gras & Passing the Bar Networking Event

FEATURES 6 Hiring an Entry Level Lawyer By Jill Backer, Esq. CALL TO ACTION 11 Mock Trial Regional Tournament Begins on February 27 By Isabel Dichiara 12 RENEW YOUR MEMBERSHIP! WCBA Express Membership Renewal Form

ONGOING EVENTS 16 Wednesdays 12:30 pm–Weekly Mindfulness Meditation Program 17 February 14 Brown Bag Lunch Series with Hon. Linda S. Jamieson EPARTMENTS D 1 From the President By Stephanie L. Burns, Esq. 14

Member Spotlight: An Interview with Hon. Robert A. Spolzino By Tejash V. Sanchala, Esq.

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What’s Going On: Membership News

18-20 CLE Center 22

From the Back Bench By Richard M. Gardella, Esq.

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Classifieds and Advertising Rates

FROM THE PRESIDENT | By Stephanie L. Burns, Esq.

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Join us for Mardi Gras on February 13

his winter has been eventful and at times bitterly cold. The federal government passed significant amendments to the federal tax code. Sexual harassment allegations have dominated the headlines and implicated politicians, actors, and many other professionals.

month of the year, Fe b r u a r y h o s t s many celebrations. It is African-American History Month, American Heart

Where do we go from here as a state and a nation in 2018?

I wish I knew. However, we can actively engage each other in the Westchester County Bar Association’s sections and committees to work together to decipher the new federal tax code and ascertain its impacts on us personally, on our firms, on our state and on the nation; as well as help to educate our colleagues and the public about the state and federal laws that address sexual harassment and the various avenues of recourse open to those who have been the victims of sexual harassment and to work on educating ourselves; and the public on the many substantive areas of our profession. I hope all of you were able to stay

While we await spring, chase away your winter blues with friends and colleagues at the Association’s second Mardi Gras event at Brother Jimmy’s BBQ in White Plains on February 13th. I look forward to seeing you all there. See page 5 for registration information. For the shortest month of the year, February hosts many celebrations. It is Black History Month, American Heart Month and also includes Groundhog Day, the NFL Super Bowl, Fat Tuesday, Valentine’s Day and President’s Day.

For the shortest

Month and also includes Groundhog Day, the NFL Super Bowl, Fat Tuesday, Valentine’s Day and President’s Day. warm as frigid temperatures descended over the region during the holidays. On February 2nd, the nation will turn its attention to Punxsutawney Phil to see whether spring will soon arrive or whether we can expect six more weeks of winter. I don’t know about you but I am hoping Punxsutawney Phil fails to see his shadow and we can prepare to welcome spring.

Black History Month Celebration In recognition of Black History Month, Professor Deidre Cooper Owens will explore the remarkable story of Harriet Tubman on February 10th at 1 p.m. at St. Paul’s Church, 897 South Columbus Avenue, Mt. Vernon, NY. For more information on this event see http://events.westchestergov.com/eventdetail/19557/-/harriet-tubman-a-commemoration-of-black-history-month. (continued on page 9)

Save the Date | ANNUAL BANQUET 2018 | Thursday, May 17, 2018 | 6:00 pm WCBA’S 120TH ANNUAL BANQUET & Induction of Officers and Directors Cocktail Reception 6:00 pm Dinner Meeting 7:00 pm Join us for our annual induction of officers and directors with a cocktail reception, dinner, address by Chief Judge Janet DiFiore and souvenir dinner journal.

Brae Burn Country Club 39 Brae Burn Drive, Purchase, NY

SPONSORSHIPS ARE AVAILABLE: All include pre/post-event publicity in the Westchester Lawyer magazine and on the website. Platinum Sponsor – $5,000 Table of ten, seating on the dais, outside back cover full page color ad in the Banquet Journal Diamond Sponsor – $4,000 Table of ten, preferred seating, a diamond border full page ad in the Banquet Journal. Gold Sponsor – $2,500 5 tickets, a gold border full page ad in the Banquet Journal.

Silver Sponsor – $1,500 2 tickets, ½ page ad in the Banquet Journal. Bronze Sponsor – $750 1 ticket, ¼ page ad in the Banquet Journal. Souvenir Journal ads are available. For more information contact: [email protected]; or 914-761-3707 ext. 20

WESTCHESTER LAWYER | FEBRUARY 2018 | 1

Westchester County Bar Association

The following offices and nominees will be voted on by the Membership at the Annual Meeting. 2018 SLATE OF OFFICERS AND DIRECTORS TO SERVE AS OFFICERS President Richard S. Vecchio President-Elect Hon. Linda S. Jamieson Vice President James L. Hyer Vice President Wendy Marie Weathers Treasurer Andrew Schriever Secretary Dolores Gebhardt Asst. Treasurer Jessica Thaler-Parker Asst. Secretary Denise Ward TO SERVE AS DIRECTORS 3-year Term: 3-year Term: 3-year Term: 1-year Term:

Kyle-Beth Hilfer James Landau Michael McDermott Robert C. Hertman

TO SERVE ON THE 2018 NOMINATING COMMITTEE Chair: Stephanie L. Burns P. Daniel Hollis, III Atheeb Kateeb Diana Bunin Kolev Tejash Sanchala Steven E. Waldinger Kelly M. Welch

ATTENTION ALL CHAIRS AND CO-CHAIRS

Annual Section and Committee Reports were due January 30, 2018. Please send your reports as a PDF or WORD document to [email protected] as soon as possible! Thank you!

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The Annual Meeting of the Association will be conducted on March 7, 2018, at The Fountainhead, 55 Quaker Ridge Road, New Rochelle, NY.

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NOTICE OF ANNUAL MEETING AND PROXY

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WESTCHESTER COUNTY BAR ASSOCIATION ________________________________

PROXY KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned, a member in good standing of THE WESTCHESTER COUNTY BAR ASSOCIATION, hereby acknowledges receipt of NOTICE OF ANNUAL MEETING OF THE WESTCHESTER COUNTY BAR ASSOCIATION to be held Wednesday, March 7, 2018, and by these presents does constitute and appoint the President of the Association, or Immediate Past President as alternate, and each of them, attorneys and agents with power of substitution, as his or her proxy to attend the Annual Meeting of the WESTCHESTER COUNTY BAR ASSOCIATION to be held at seven o’clock in the evening on that date at the THE FOUNTAINHEAD, NEW ROCHELLE, NY, or any adjournment thereof, with full and complete power to vote and act in the undersigned’s name and stead in the manner and with the same power and effect as if the undersigned were personally present at such meeting, hereby revoking any and all other proxies heretofore given by me to any persons whatsoever.

________________________________________ Sign Full Name

________________________________________ Print Full Name

Date ______________________, 2018

Please RETURN signed PROXY by February 27, 2018 EMAIL: [email protected]; FAX: 914-761-9402; or MAIL: WCBA, 4 Westchester Park Drive, Suite 155, White Plains, NY 10604, Attn: Annual Meeting Proxy

2018

Please join us for the . . . Westchester County Bar Association’s

ANNUAL MEETING

AND PAST PRESIDENTS’ DINNER

Richard M. Gardella, Esq. to receive the James D. Hopkins Lifetime Achievement Award At the Annual Meeting, we will present our Association’s highest honor, the James D. Hopkins Lifetime Achievement Award, to our past president Richard M. Gardella, Esq. He has given, and continues to give, of himself with great enthusiasm to our Association, profession and community. He has served not only the WCBA but also the Westchester County Bar Foundation as President. As a former journalist, he is the editor-in-chief of this magazine and the author of its monthly column, From the Back Bench. He served as Village of Attorney for the Village of Scarsdale from 1983 to 1999 and still actively assists the current Village Attorney. He served as Corporation Counsel for the City of Rye from 1981 to 1999 and also has served as an assistant corporation counsel and special counsel for the City of White Plains.

The evening will feature a cocktail reception and dinner honoring our Past Presidents, conducting our Annual Meeting and Election of Officers and Directors, and considering a restatement of our By-Laws.

Wednesday, March 7, 2018 The Fountainhead 55 Quaker Ridge Road, New Rochelle, NY

Cocktail Reception: 6:00 pm Dinner Meeting: 7:00 pm Tickets

$80 through Feb. 28; $95 after Feb. 28 Table of Ten

$700 through Feb. 28; $800 after Feb. 28

Sponsorship opportunities are available. Sponsorships include pre/post-event publicity in the Westchester Lawyer magazine, in e-news and on the website. Platinum: $5,000: 10 tickets plus full page ad in Magazine; exclusive to your industry Diamond: $4,000: 10 tickets plus full page ad in the Magazine Gold: $2,000: 5 tickets plus half page ad in the Magazine Silver: $1,000: 2 tickets plus quarter page ad in the Magazine Bronze: $ 500: 1 ticket plus business card ad in the Magazine

RESERVATION AND PAYMENT INFORMATION q I would like to make ______ reservations. q I would like to reserve a Table of Ten. q I would like to be a sponsor. (For information: [email protected]) Name_________________________________________________ Email_________________________________________________ Firm _______ ___________________________________________ Bus. Phone _____________________________________________

Attention . . .

SECTION & COMMITTEE CO-CHAIRS Annual Reports were due Jan. 30, 2018!

Please submit your Annual Reports as a PDF or in WORD to [email protected].

__ Tickets: $80 ea. (before Feb. 28) __ Tickets: $95 ea. (after Feb. 28) __ Table of Ten: $700 (before Feb. 28) __ Table of Ten: $800 (after Feb. 28)

$ __________ $ __________ $ __________ $ __________

SPONSORSHIPS __ Platinum: $5,000 __ Diamond: $4,000 __ Gold: $2,000 __ Silver: $1,000 __ Bronze: $ 500 Total Enclosed

$ __________ $ __________ $ __________ $ __________ $ __________ $ __________

NAME(S): (Please submit additional names on a separate sheet) PHONE EMAIL _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $__________ OR CHARGE $ _______ q MASTERCARD q VISA q AMERICAN EXPRESS q DISCOVER CARD CARD NUMBER: __________________________________________________________________________ EXP. DATE: _________ SEC. CODE: ___________ CREDIT CARD BILLING ADDRESS: _______________________________________________________________________________ ZIP CODE: ____________ NAME ON CARD: ________________________________________________________________________________________________________________

HOW TO SUBMIT THIS RESERVATION AND PAYMENT

ONLINE: go to our website Calendar at wcbany.org. EMAIL scanned form to [email protected]. FAX form to: 914-761-9402 MAIL form and check made out to: “WCBA” TO: WCBA, 4 Westchester Park Drive, Suite 155, White Plains, NY 10604 WESTCHESTER LAWYER | FEBRUARY 2018 | 3 Contributions or gifts to WCBA are not tax deductible as charitable contributions; however, they may be tax deductible as ordinary and necessary business expenses.

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TUESDAY, FEBRUARY 13, 2018 | 5:30–7:30 PM

JOIN US FOR A FUN NETWORKING EVENT! Lawyers, Affiliates and Professionals ... The Elder Law Committee & New Lawyers Section invite you to join us for their annual networking event and dinner. You recently passed the Bar! The WCBA’s New Lawyers Section & Elisabeth Haub Law School invite you to celebrate your achievement with us.

Tickets: (includes dinner & cash bar) $40 through February 6 $55 after February 6 Students: $20

Presented by the WCBA’s . . .

Elder Law Committee and New Lawyers Section

Brother Jimmy’s BBQ 147 Mamaroneck Avenue, White Plains, NY Enjoy Southern-style BBQ including pulled pork & dry-rub ribs Thanks to our Sponsors | Lucy Banko of NY Life and Helwig Henderson Ryan LaMagna & Spinola LLP

REGISTER TODAY!

ONLINE: go to the Calendar on our website at www.wcbany.org MAIL form and check made out to “WCBA” to: WCBA, 4 Westchester Park Drive, Suite 155, White Plains, NY 10604 EMAIL this scanned form to [email protected]. FAX form to: 914-761-9402

NAME(S) ___________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ EMAIL _________________________________________________________ BUS. TEL. ___________________________________________________ FIRM ______________________________________________________________________________________________________________________ METHOD OF PAYMENT: CHECK ENCLOSED $_______________ OR CHARGE $ __________ ❑ MC ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD CARD NUMBER __________________________________________________________________________ EXP. DATE _______SEC. CODE ___________ CREDIT CARD BILLING ADDRESS _____________________________________________________________ ZIP CODE ___________________________ NAME ON CARD _____________________________________________________________________________________________________________ Contributions or gifts to WCBA are not tax deductible as charitable contributions; however, they may be tax deductible as ordinary and necessary business expenses. WESTCHESTER LAWYER | FEBRUARY 2018 | 5

HIRING AN ENTRY LEVEL LAWYER BY JILL BACKER, ESQ.

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s we all know, Westchester is an excellent place to begin the practice of law. However, because of the smaller size of most Westchester firms, integrating an entry level lawyer can be both practically and financially difficult. Firms need to think strategically about bringing on the right person, for the right work, and the right salary. Making the right hire can be one of the most important things a firm can do.


When I work with smaller firms, I tell them that the best way to make an entry level hire is to bring on a student in their second or third year of law school (part-time and paid) and “audition” them for an associate role. This technique can serve multiple purposes - small firms can utilize the students to do more administrative tasks, freeing up current associates for legal work or billable hours, and the student can learn by taking on those tasks and being part of a firm.

It is all new and exciting to a student! Having the student work for you during their time in law school allows you to mold them the way your firm prefers—teach them to do things your way, rather than hire them with bad habits already formed. Also, bringing them on as a student helps indoctrinate them into your firm’s culture. By the time the student graduates you have a readymade associate built into your image!

The flip side is, if the student is not a good “fit” for your firm, you know this ahead of an associate hire and avoid wasted time and lost productivity.

competitive. Ideally, an entry level lawyer in the Westchester market should start somewhere between $65,000–$80,000.

If you do not have the time to train and don’t have the bandwidth to take on a student, you should not. As an experienced attorney, practicing law is now second nature, and employers often forget that there are some practicalities not taught in law school. A bright student or new graduate will pick up things quickly, but they still need some training on the practicespecific fundamentals. Do not bring on a student or a new graduate and assume they have the knowledge of a second or third year associate. New hires can “flame out” because they were assumed to be more experienced than they were.

If you fall short of this range you are not playing in the ballpark, and running the risk that you will train a new lawyer that jumps ship in pretty short order for a better paycheck. Losing an associate before they become entirely self-sufficient in their work is a large productivity and financial loss for your firm plus you will have lost the training time.

Salary Considerations Salary is a sticky topic because Westchester sits next to arguably the largest, and most highly paid, legal market in the world—New York City. The skyrocketing costs of not just salary for a new associate but all of the other accoutrements of a hire can be cause for consternation. However, while most firms (anywhere) will not be starting associates at $180,000 like the American Lawyer 100 firms in NYC, you do need to be in the correct ballpark for an offer on salary. As of December 31, 2017, the minimum wage in Westchester County is $11.00 per hour and will increase $1.00 per year until it is $15.00 per hour in 2021. A law student’s hourly rate cannot be lower than $11.00 and should not be lower than $15.00 per hour. It is not fair to pay a law student the same as an entry level worker at a fast food restaurant— law students are skilled labor.

I d e a l l y, a n e n t r y level lawyer in the Westchester market should start somewhere between $65,000– $80,000....

Challenges and Rewards Hiring an entry level attorney can be a difficult prospect. Many firms seek to hire a two to four year lateral instead. However, a lateral hire can be a stress on the firm as they learn “your way” of doing things and seek to fit in. Laterals with two to four years of experience are also at a premium right now. I have approximately 100 of these postings at the law school at any given moment—they are in demand. However, if you hire an entry level attorney and train them—the rewards may outweigh the investment.

If you fall short of this range you are not playing in the ballpark, and running the risk that you will train a new lawyer that jumps ship in pretty short order for a better paycheck. The District Attorney’s Offices in the metro NYC market start salaries somewhere between $55,000 and $62,000 with full benefits. I mention this as a yardstick for salary, they are public interest positions in local government. While these positions are not 9 to 5, they are usually not 70+ hours per week like private practice can require.

Jill Backer, Esq., was a criminal defense attorney in Chicago before going into legal sales. Upon return to her native NY in 2002, she took a job at Brooklyn Law School where she built one of the first employer outreach programs in the nation at a law school. Jill spent 12 years at Brooklyn Law School. She has been the Chair of the NALP employer outreach section. Jill has been the Assistant Dean at Pace Law School’s office of Career and Professional Development since 2014. Jill is a graduate of Marquette University and Quinnipiac University School of Law

A private firm seeking to pay a salary lower than $60,000 should have a written bonus structure, or offer other benefits, to remain WESTCHESTER LAWYER | FEBRUARY 2018 | 7

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FROM THE PRESIDENT

(continued from page 1)

American Heart Month According to the CDC, cardiovascular disease is the leading cause of death in the United States; one in every three deaths is from heart disease and stroke. I hope you will protect yourself and your loved ones from heart disease and stroke by understanding the risks, the symptoms and taking preventative steps. For more information on American Heart Month see https://www.cdc. gov/dhdsp/american_heart_month.htm and https://www.cdc.gov/heartdisease. March 7: Annual Meeting Agenda includes votes on WCBA By-Laws revision & 2018-19 Officers and Directors In the spirit of renewal that usually accompanies the advent of spring, I ask you to support the proposed Revision and Restatement of the Association’s ByLaws that was painstakingly prepared by our Immediate Past President Kelly Welch and Past President Dawn Kirby. Both the Association’s Executive Committee and Board of Directors approved the proposed Revision and Restate-

ment of the Association’s By-Laws for submission to our membership, which Revision and Restatement was mailed to our members in January and is available for review on the Association’s website (http://www.wcbany.org/resource/ resmgr/pdfs/WCBA-ByLawsAmended. pdf ). The proposed Revision and Restatement of the Association’s By-Laws will be voted on by members, through personal attendance and proxy, at the Annual Meeting and Past President’s Dinner on March 7, 2018. This year the Annual Meeting and Past President’s Dinner is being held at a new location— The Fountainhead in New Rochelle, NY. At this same Annual Meeting and Past President’s Dinner, the Association’s members will also vote on the slate of nominated Officers and Directors, which is presented on page 2. In addition, we will present our Association’s highest honor, the James D. Hopkins Lifetime Achievement Award, to Past President Richard M. Gardella. He has given, and continues to give, tirelessly, selflessly, and enthusiastically to our Association, profession and community. Please join me in honoring Dick Gardel-

la, electing our new officers and directors and voting on the proposed Revision and Restatement of the Associations By-Laws at the Annual Meeting and Past President’s Dinner on March 7th. See page 3 for registration and sponsorship information. May 17: Annual Banquet & Induction of Officers and Directors The elected Officers and Directors will then be inducted at the Association’s Annual Banquet on May 17, 2018 at a new venue, the Brae Burn Country Club. At the Banquet, I will pass the Presidency of the Association into the extraordinarily capable hands of Richard S. Vecchio and Chief Judge Janet DiFiore will join the celebration as our keynote speaker. Please mark your calendars so you can join us for this spectacular evening. Sponsorships and souvenir journal ads will be available. Renew Your WCBA Membership! If you have not already done so, please renew your WCBA membership ASAP so you can participate in shaping the WCBA’s future at the Annual Meeting and Past President’s Dinner.


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Like us at Westchester County Bar Association 10 | FEBRUARY 2018 | WESTCHESTER LAWYER

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Participate as a Mock Trial Judge and receive CLE credit!

CALL TO ACTION

New York State High School

VOLUNTEER & EARN CLE CREDIT!

MOCK TRIAL TOURNAMENT

n Become a competition judge and earn CLE credit.

Regionals Begin February 27, 2018!

n Make a monetary contribution and support the Westchester County Division of the NYS Mock Trial Tournament.

BY ISABEL DICHIARA

n Spread the word about the Mock Trial competition to friends and colleagues. n To volunteer to become a judge or make a donation contact: Isabel Dichiara at [email protected]. 2018 PARTICIPATING HIGH SCHOOLS

Hon. Alan D. Scheinkman with the 2017 team from Rye Neck High School who were the finalists from the Westchester/Rockland County region of the New York State High School Mock Trial Tournament.

Ardsley Blind Brook Briarcliff Byram Hills Hastings on Hudson Irvington John Jay Lakeland Mount Vernon New Rochelle

I have served as a mock trial judge for over 20 years. Each year I look forward to having the privilege of presiding over these trials. The quality of advocacy from these high school students is excellent. The students consistently demonstrate the poise and skill of professionals. The competition staff do a fabulous job keeping everything on track. —Hon. Edward R. Mevec

New York State High School Mock Trial Tournament 2018 begins on February 27 in our region! Each year, the regional section of the New York State Mock Trial Tournament provides Westchester County high school students with the opportunity to conduct simulated trials, in front of sitting judges, in a realistic courtroom setting. The experience gained by the participating students is invaluable and often serves as the initial stepping stone for future legal careers. We are very excited to again be coordinating the competition and look forward to the challenges and successes of this year’s competition. The Statewide Tournament Once the winners of the regional tournaments are decided, the finalists travel

to Albany to compete in the New York State High School Mock Trial Finals which will be held in May over a three day period. On day one the teams have practice time to finalize their presentations. On day two all teams compete twice to determine the top two teams that will move forward to compete in the final round. On day three the final round is held to determine the New York State Mock Trial Champion. While in Albany, participants are given the opportunity to network with students from around the state who share similar interests. All students participating in the New York State Mock Trial Finals receive special awards and a commemorative T-shirt. More importantly, the students leave Albany with the knowledge that they did their best in one of the oldest and larg-

North Salem Ossining Scarsdale Sleepy Hollow Solomon Schechter Somers Westchester Hebrew Yorktown

est Mock Trial programs in the nation. Participate as a Judge and Earn CLE Credit! We need your help! Participate as a judge in the competition. You will be amazed at the talent that you will witness in these high school students! Support Our Regional Competition Please consider donating to the WCBA directing those funds specifically to support the Mock Trial Program. Funds raised will support the coordination of the several rounds of regional competition, printed materials and their duplication, and reimbursement of associated courthouse use including overtime for court officers and staff.


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Renew your WCBA membership today!

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WCBA yearly membership expired on December 31, 2017...

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As a member of the WCBA, you enjoy a full range of benefits designed to provide professional support, camaraderie and educational opportunities all year long: n n n n n n

Renew or join a professional association of over 2000 members Access over 50 CLEs, 10 networking events, and 6 signature events each year Be a part of Westchester’s legal and business community where you can grow your network, advance your firm, and better serve the needs of clients Expand your networking resources by meeting with local judges, attorneys, and legal service providers Participate in professional development opportunities that include committee and section officer positions, pro bono work, and being published in the monthly Westchester Lawyer magazine or yearly Westchester Bar Journal. Enjoy members-only discounts on essential products and services, including discount pricing on CLEs and events

Renew Today! EXPRESS MEMBERSHIP RENEWAL FORM 2018 SCHEDULE OF YEARLY BAR DUES Sustaining Member $300.00 ________ Admitted to the Bar 10 years or more $185.00 ________ Admitted to the Bar 5 to 9 years $135.00 ________ Admitted to the Bar less than 5 years $ 95.00 ________ Affiliate Non-Lawyer $125.00 ________ Paralegal $ 50.00 ________ Admitted to the Bar less than 1 year FREE ________ Student FREE ________ Section Dues Total (see column on right) ________ ________ WCBF contribution (optional) $ 10.00

Payment Enclosed

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SECTION SELECTION: Please note that there is a small fee for membership in WCBA Sections. Please check the Section(s) you would like to join and record the fee on the “Section Dues Total” line at left. ❑ Criminal Justice ❑ Family Law ❑ Municipal Law ❑ Real Property ❑ Tax ❑ Trusts & Estates ❑ New Lawyers

$20 $20 $20 $20 $20 $20 $10

NAME __________________________________________________EMAIL _________________________________________________________ FIRM __________________________________________________________________________________________________________________________ BUSINESS TELEPHONE _____________________________________________________________________________________________________________ METHOD OF PAYMENT CHECK ENCLOSED $___________ OR CHARGE $___________ m MASTERCARD m VISA m AMERICAN EXPRESS m DISCOVER CARD CARD NUMBER __________________________________________________________________________ EXP. DATE _________ SEC. CODE ___________ CREDIT CARD BILLING ADDRESS _______________________________________________________________________________ ZIP CODE ____________ NAME ON CARD ___________________________________________________________________________________________________________________

HOW TO SUBMIT PAYMENT

ONLINE: visit www. wcbany.org, select MEMBERSHIP, follow the prompts. EMAIL form to [email protected]. FAX form to 914-761-9402. MAIL form and check made out to “WCBA” to: WCBA, Attn: Membership Renewal, 4 Westchester Park Drive, Suite 155, White Plains, NY 10604. NOTE: Contributions or gifts to WCBA are not tax deductible as charitable contributions; however, they may be tax deductible as ordinary and necessary business expenses. 12 | FEBRUARY 2018 | WESTCHESTER LAWYER

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MEMBER

Spotlight

In this feature, Tejash V. Sanchala, Esq., Employment Law Committee Co-Chair and Board Member, interviews WCBA members about their experiences and insights. He welcomes any comments and suggestions for future columns. Tejash’s contact information can be found at: http://www.villanuevalaw.com/tejash-v-sanchala.html

Tejash: What is one of your favorite legal success stories?

Hon. Robert A. Spolzino Tejash: What is your current job and practice area? Robert: I’m now a partner at Smith, Buss & Jacobs, LLP, which will shortly become Spolzino, Smith, Buss & Jacobs, LLP, with offices in Yonkers, White Plains, Manhattan and Long Island. I concentrate my practice in the areas of civil litigation and appeals, municipal and education law and litigation, land use and environmental matters. Tejash: How did you become a litigation and appellate attorney? Robert: I started my career as a court attorney in the Appellate Division, Second Department. After I clerked for Judge Kenneth Lange in the Westchester County Court and Justice Leon Lazer in the Appellate Division, I opened my own office in Mount Kisco. Based on my background, litigation and appeals was the area where I could bring real value to my clients. 14 | FEBRUARY 2018 | WESTCHESTER LAWYER

Robert: In 2007, I dissented in Matter of Riverkeeper v. Planning Board of the Town of Southeast, 32 A.D.3d 431 (2d Dep’t 2006), I dissented from a decision reversing a judgment issued by Justice Frank Nicolai deciding a number of SEQRA issues. A year later, the Court of Appeals reversed, essentially on my dissent. 9 N.Y.3d 219 (2007). Tejash: Who were some of your legal mentors? Robert: Presiding Justice Milton Mollen was my first boss when I worked in the Appellate Division. He was such a great example of a lawyer who spent his career in and around government in many capacities. I also worked for Justice Isaac Rubin from Westchester, who was one of the nicest, most scholarly lawyers I’ve ever met. He got me started thinking about a judicial career. Tejash: If you were not practicing law, what would you be doing? Robert: Being involved in government or not-for profit work full time. A lot of my practice involves representing public entities – local governments and school boards—and quasi-public entities—not for profits. I also spent 11 years on the Board of Northern Westchester Hospital, four as chairman. So working to achieve public goals is fun and important to me. Tejash: What might people be surprised to learn about you? Robert: That I wanted to be a doctor until I did a service project at the local hospital in high school and learned that doctors have to deal with sick people.

Tejash: What do you splurge on? Robert: Books. My wife keeps asking me what I’m going to do with all of them after I read them. The real answer is nothing. I just like keeping them around to re-read from time to time. Tejash: What are some of your favorite vacation trips? Robert: Disney World. My wife’s parents live in Florida about an hour and a half from Disney, so we’ve been taking our son to Disney since he was little. I have a picture of him in a Star Wars rebel pilot uniform at age 4 and with Mickey at age 21. Tejash: What are three things you can’t live without? Robert: Diet Pepsi, ice cream and baseball. Tejash: What is one of your favorite things to do in Westchester? Robert: Enjoy the many great restaurants, especially in my home town of Mount Kisco. Tejash: What is the best advice you have ever received? Robert: The best is Churchill’s statement that “Luck is where preparation meets opportunity.” Second best is Charlemagne’s statement to Pippin that, “It’s smarter to be lucky than it’s lucky to be smart.”

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Tejash: What is the best decision you made to improve your business? Robert: Jumping off a cliff twice, first in starting my own practice in Mount Kisco in 1987 and, more recently, leaving a big firm to join a smaller operation. Tejash: What advice would you give to new lawyers?

914-592-6505 • [email protected]

Robert: Take chances. Put yourself in a position where you have to develop business. It’s the key to success in suburban practice and it’s hard to learn late in your career. Tejash: What is one of your future ambitions? Robert: To learn to sail and have time to do it. Tejash: What is your favorite part of being involved with the WCBA? Robert: The opportunity to meet and know other lawyers in the community. It teaches you that as hard as we might fight for our clients, we don’t have to be antagonistic to each other.

A PREFERRED & RECOGNIZED PROVIDER FOR:

• The Westchester County Bar Association (Recognized ) • The Women’s Bar Association of the State of NY (Preferred) • The Bronx Bar Association (Preferred) • Proud Sponsor of NYS Academy of Trial Lawyers


What’s GOING ON WCBA’s Lawyer Assistance Committee presents a

FREE ONGOING WELLNESS SERIES

MEMBERSHIP NEWS | COMMITTEES | SECTIONS Danziger & Markhoff LLP Attorneys Are Recognized Among the Top Practitioners in Westchester County

MINDFULNESS

FOR LAWYERS

Left: Michael Markhoff Right: Harris Markhoff

WEDNESDAYS

12:30 pm–1:15 pm This weekly meeting provides a space for reflection, connection and guided meditation with an eye to assisting individuals in discovering their own mindfulness practice. Chairs available for comfortable sitting! WCBA Headquarters Conference Room 4 Westchester Park Drive, Suite 155 White Plains, NY For information contact: Ben Felcher-Leavitt, Esq. [email protected]

LET US KNOW ABOUT YOUR ACCOMPLISHMENTS! If you have received an award, promotion or reached an important milestone in your life that you are proud of let us know and we will include it in the What’s Going on Section! Contact [email protected]. 16 || JANUARY FEBRUARY 2018| |WESTCHESTER WESTCHESTER LAWYER 28 2018 LAWYER

Michael Markhoff, partner at Danziger & Markhoff LLP, was named Best Lawyers® 2018 Trusts & Estates “Lawyer of the Year” for White Plains, NY. In addition, Mr. Markhoff was also selected for inclusion in the 2017 New York Metro Super Lawyers list in the area of Estate Planning and Probate. Harris Markhoff, managing partner at Danziger & Markhoff LLP, was selected for inclusion in The Best Lawyers in America ® 2018 in the areas of corporate law and trusts and estates law. Mr. Markhoff has been selected for this list for over 25 years and is a prior “Lawyer of the Year.”

Danziger & Markhoff LLP, has been ranked in the 2018 U.S. News- Best Lawyers® “Best Law Firms” for the seventh consecutive year. The firm received a Metropolitan Tier 1 ranking in the area of Trusts & Estates Law.

Vic D’Ammora Voted Top Arbitrator by New York Law Journal Vic D’Ammora of the ADR Company, The Jansen Group and the White Plains law firm of Lucchese & D’Ammora LLP was voted the # 1 Arbitrator and #4 Mediator in New York in the most recent New York Law Journal Reader’s Poll.

Get Published! The Westchester Lawyer magazine is looking for articles of interest to our members We are interested in informative articles (800–1200 words) that focus on important developments in, or unique perspectives on, areas of the law—preferably original material that has not been published elsewhere. Email articles or letters of inquiry to [email protected].

Brown Bag

WEDNESDAY, FEBRUARY 14, 2018 | 12:30 PM

FREE LUNCH SERIES The WCBA New Lawyers Section, the Westchester Women’s Bar Association and the NYS Trial Lawyers present a free ...

Brown Bag Lunch Series featuring: Hon. Linda S. Jamieson and this month’s special guest the Hon. David F. Everett, ASCJ. Westchester County Courthouse Attorney Lounge, 2nd Floor 111 Dr. Martin Luther King Jr. Blvd. White Plains, New York

Hon. Linda S. Jamieson NYS Supreme Court

Join fellow members for this unique opportunity to have lunch with Judge Jamieson and Judge Everett in a casual setting with no formal agenda! Information: [email protected]

Westchester County Bar Association’s

LAWYER ASSISTANCE PROGRAM The WCBA Now Offers Free Confidential Help For the Problems Lawyers, Judges and Law Students Face The demands of the legal profession are known to contribute to the substantially greater risk for alcoholism and depression suffered by lawyers over that of the general population.

WESTCHESTER COUNTY BAR ASSOCIATION

Shame, fear and stigma often make it difficult to seek help, but it is important to act when the signs of impairment begin. Contact WCBA’s Lawyer Assistance Committee Chair Daniel Seymour: 914-262-0548 [email protected]

LAP A call can save a career. A call can save a life.

All LAP services are confidential and protected under Section 499 of the Judiciary Law as amended by Chapter 327 of the Laws of 1993.


CLE Center

TO R E G I S T E R: Visit www.wcbany.org and

ENVIRONMENTAL LAW COMMITTEE

IMMIGRATION LAW COMMITTEE

Environmental Justice Update

”U” Non-Immigrant Visas for Victims of Crimes in the United States Moderators Susan Henner Esq., & Donald H. London, Esq., Co-Chairs, WCBA Immigration Law Committee Speaker Nelson LaMadrid, Esq. Conrad, Pollack, Issac, DeCicco, LLP Location WCBA Headquarters 4 Westchester Park Drive, Suite 155 White Plains, NY Date/Time Thursday, March 1, 2018 5:30 pm to 6:00 pm Networking/ Registration & Dinner 6:00 pm to 8:00 pm CLE Presentation Price Early Bird discount through Feb. 22 Members: $40/$60 after Feb. 22 Non-members: $60/$80 after Feb. 22 Pace Alum Non-members: $50/$70 after Feb. 22 CLE 2 credits: Professional Practice

Moderator Keith R. Betensky, Esq., Co-Chair, Environmental Law Committee Speaker Rachel Spector, Esq. of the New York Lawyers for the Public Interest Location WCBA Headquarters 4 Westchester Park Drive, Suite 155 White Plains, NY Date/Time Tuesday, February 13, 2018 12:00 pm to 12:30 pm Networking / Registration & Lunch 12:30 pm to 1:30 pm CLE Presentation Price Early Bird discount through Feb. 6 Members: $30/$50 after Feb. 6 Non-members: $50/$70 after Feb. 6 Pace Alum Non-members: $40/$60 after Feb. 6 CLE 1 credit: Diversity, Inclusion and Elimination of Bias To Register See “Registration Form” below

To Register See “Registration Form” below

NOTE: Dates and locations are subject to change. Be sure to visit www.wcbany.org for the most up-to-date information.

CLE and EVENT REGISTRATION FORM Please register in advance whenever possible. Registration later than 12 pm 24 hours PRIOR to the CLE will incur a $10 late fee, and applicants will be seated and provided written materials ONLY if space permits. ONLINE: go to the Calendar on our website at http://www.wcbany.org/events/event_list.asp MAIL form and check made out to “WCBA” to: WCBA, 4 Westchester Park Drive, Suite 155, White Plains, NY 10604 EMAIL this scanned form to [email protected]. FAX form to 914-761-9402. CLE/EVENT TITLE

Date

Fee

______________________________________________________________________________________________________________________________ NAME __________________________________________________________ FIRM __________________________________________________________ EMAIL _________________________________________________________ BUS. TEL. ______________________________________________ _ _______ METHOD OF PAYMENT: CHECK ENCLOSED $_________ OR CHARGE $ _______ ❑ MASTERCARD ❑ VISA ❑ AMERICAN EXPRESS ❑ DISCOVER CARD CARD NUMBER _______________________________________________________________________________ EXP. DATE ________ SEC. CODE ________ CREDIT CARD BILLING ADDRESS ____________________________________________________________________________ ZIP CODE __________________ NAME ON THE CARD _____________________________________________________________________________________________________________

WCBA Member? ❑ Yes ❑ No If not, would you like to join and pay at the member price? Visit our website: www.wcbany.org Copies of the WCBA CLE Rules and Procedures and the Hardship Policy may be obtained by emailing [email protected] or calling 914-761-3707, ext. 20. Your knowledge of the CLE rules and procedures is presumed when you register for a CLE.

CANCELLATION | REFUND | INCLEMENT WEATHER | EARLY BIRD POLICY

CANCELLATION: Full credit will be applied to a future program to those who cancel two business days prior to a CLE or other Event, in writing, to [email protected]. The WCBA retains the right to cancel CLE programs and other Events and will provide notification to all registrants who provide their email address. INCLEMENT WEATHER: Please refer to the website home page at www.wcbany.org on the day of the CLE/Event by 10:00 am for cancellation announcements. EARLY BIRD DISCOUNT: Registration must be received by early bird date to enjoy discount.

NOTE: Contributions or gifts to WCBA are not tax deductible as charitable contributions; however, they may be tax deductible as ordinary and necessary business expenses.

18 | FEBRUARY 2018 | WESTCHESTER LAWYER 28 | JANUARY 2018 | WESTCHESTER LAWYER

choose “Calendar ” or fill out the Registration Form on page 18. MUNICIPAL LAW SECTION

WOMEN IN THE LAW COMMITTEE

Zoning Caselaw Update

Family & Medical Leave in a Changing Legal Environment Speaker Jaclyn Goldberg, Esq. of Keane & Beane, P.C.

Speakers

Geraldine Tortorella, Esq. Hocherman, Tortorella & Wekstein Location WCBA Headquarters 4 Westchester Park Drive, Suite 155 White Plains, NY Date/Time Tuesday, March 6, 2018 12:00 pm to 12:30 pm Networking/ Registration & Lunch 12:30 pm to 1:30 pm CLE Presentation Price Early Bird discount through Feb. 27 Members: $30/$50 after Feb. 27 Non-members: $50/$70 after Feb. 27 Pace Alum Non-members: $40/$60 after Feb. 27 CLE 1 credit: Professional Practice To Register See “Registration Form” on page 18

Location

WCBA Headquarters 4 Westchester Park Drive, Suite 155 White Plains, NY Date/Time Thursday, March 15, 2018 12:30 pm to 1:00 pm Networking / Registration & Lunch 1:00 pm to 2:00 pm CLE Presentation Price Early Bird discount through March 8 Members: $30/$50 after March 8 Non-members: $50/$70 after March 8 Pace Alum Non-members: $40/$60 after March 8 CLE 1 credit: Professional Practice To Register See “Registration Form” on page 18 ELDER LAW COMMITTEE*

Join us for a FREE PANEL DISCUSSION and NETWORKING EVENT Note: There is NO CLE CREDIT for this Event Presented by WCBA’s In-House Counsel and Lawyers in Transition Committees and NYSBA’s Corporate Counsel Section and Lawyers in Transition Committee

Article 81 Training for Guardians, Court Evaluators and Attorneys of Alleged Incapacitated Persons * Office of Fiduciary & Guardian Services approved program

Life as In-House Counsel: How to Get There and What to Expect

Moderators Sara Meyers, Esq., Enea Scanlan & Sirignano, LLP Kathleen A. Redalieu, Esq., Shamberg Marwell Andreycak & Laidlaw, P.C. Speaker TBD

Moderator

Debbie Epstein Henry, Bliss Lawyers and DEH Consulting, Speaking, Writing

Location

Speakers

TBD

Location

Conference Room 2 Westchester Park Drive White Plains, NY Date/Time Tuesday, March 13, 2018 5:30 pm to 6:00 pm Networking/ Registration & Light Refreshments 6:00 pm to 7:00 pm Panel Discussion Price

FREE for WCBA & NYSBA members

To Register See “Registration Form” on page 18

WCBA Headquarters 4 Westchester Park Drive, Suite 155 White Plains, NY Date/Time Thursday, March 22, 2018 8:30 am to 9:00 am Networking/Registration/Breakfast 9:00 am to 3:30 pm CLE Presentation (includes lunch break) Price Early Bird discount through March 15 Members: $150/$200 after March 15 Non-members: $200/$250 after March 15 Pace Alum Non-members: $175/ $225 after March 15 CLE 7 Credits: 1 Ethics, 2 Skills, 4 Professional Practice To Register See “Registration Form”on page 18 (continued on page 20) WESTCHESTER LAWYER | FEBRUARY 2018 | 19

CLE Center CONTINUED DOMESTIC RELATIONS AND FAMILY LAW SECTION AND ALTERNATE DISPUTE RESOLUTION COMMITTEE

Divorce Attorneys and Divorce Mediators: Why Can’t We Get Along? Moderator Maureen Dunn, Esq., Johnson & Cohen, LLP Speakers

Location

Candi Fulop, Esq., Fulop Law Nancy D. Kellman, Esq. Clare A. Piro, Esq. TBD

Date/Time Tuesday, March 20, 2018 6:00 pm to 8:00 pm Networking/ Registration & Dinner 6:30 pm to 8:00 pm CLE Presentation Price Early Bird discount through March 13 Members: $80/$120 after March 13 Non-members: $120/$160 after March 13 Pace Alum Non-members: $100/ $140 after March 13 CLE 2 credits: Professional Practice To Register See “Registration Form” on page 18

UPCOMING 2018 EVENTS Tuesday, February 13 Mardi Gras & Passing the Bar Networking Event see p. 5 Wednesday, March 7 Annual Meeting & Past Presidents Dinner see pp. 2-3 Thursday, May 17 Annual Banquet see. p. 3 Tuesday, July 10 Annual Golf Outing

HAVE AN IDEA FOR A CLE OR NETWORKING EVENT? LET US KNOW ABOUT IT!

Contact [email protected].

WCBA’s Conference Room Is Available! Located at WCBA Headquarters 4 Westchester Park Drive, Suite 155 White Plains, NY 10604.

Features seating for up to 30 people, a 20 foot long conference table, wi-fi, conference calling and a 60” flat screen TV for presentations. 20 | FEBRUARY 2018 | WESTCHESTER LAWYER 28 | JANUARY 2018 | WESTCHESTER LAWYER

HALF-DAY RATES $ 75: WCBA members $125: Non-members

RESERVATIONS: [email protected]

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Lawyer Referral Service

RENEW NOW for $125! Your Time is Valuable—Let Us Help You by Prescreening Calls It’s time to renew your WCBA Lawyer Referral Service membership. n Expand your practice! n Qualified screening! n Receive referrals in multiple areas of the law!

For more than 40 years, the Westchester County Bar Association Lawyer Referral Service (LRS) has been referring thousands of clients annually to LRS attorneys in Westchester. Each year thousands of potential clients from all over the country seek attorneys in Westchester by contacting the Lawyer Referral Service. Consider as part of your business plan being a member of WCBA’s Lawyer Referral Service.

How the Service Works Clients contact the LRS office and explain the nature of their legal needs. The clients are then referred to an attorney based upon the field of law and geographic preference; referrals are made on a rotating basis. Membership in the WCBA LRS can serve as a profitable investment in your future.

JOIN LRS NOW! Lawyer Referral Service Membership Qualifications For more information [email protected] (914) 761 - 3707 Ext. 85 Or visit our website at www.wcbany.org and select Lawyer Referral Service to download an application form

Membership in the WCBA LRS is open to all licensed attorneys who are members in good standing of the New York State Bar and who meet the panel requirements as set forth in the LRS application and rules. LRS attorneys must maintain an office for the practice of law in Westchester County and be physically available for consultation in that office, and must maintain an up-to-date professional liability insurance policy. We welcome individual attorneys and members of law firms.


Back Bench FROM THE

BY RICHARD M. GARDELLA, ESQ. Editor-in-Chief WCBA Past President

“...We make fun of Americans at the same time we envy them.”

Richard M. Gardella, Esq., is counsel to Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn LLP. He is a past president of the Westchester County Bar Association and the Westchester County Bar Foundation, the editor-in-chief of this Magazine, and a former WCBA delegate to the American Bar Association and the New York State Bar Association.

I am convinced many of us do not pay enough attention to our neighbors to the North. I became aware of the extent of my own ignorance on a visit to Canada last October for a municipal law conference. A Canadian friend gave me a special edition magazine celebrating the 150th anniversary of that country’s birth as a nation . . . a confederation of former English colonies. Prior to my friend’s magazine gift, I was unaware of that significant birthday. Having participated in our nation’s major anniversary celebration 41 years ago as a member of the City of White Plains’ Bicentennial Committee I know and respect the importance of a national birthday celebration. So, I was more than a little embarrassed by my ignorance of Canada’s sesquicentenary observance. Like the U.S., Canada has a July birthdate. On July 1, 1867, the British North American Act, adopted by the British Parliament, took effect. Four original provinces—New Brunswick, Nova Scotia, Ontario and Quebec formed the new nation—Dominion of Canada. The Act grew out of an 1864 effort pushed by leaders of the Province of Canada to consolidate British Nor th America. That original province stretched all the way from the Great Lakes to the Atlantic Ocean and included the colonies of New Brunswick, Nova Scotia and Prince Edward Island. The consolidation effort led to the adoption of the Quebec Resolutions, which detailed a


federation of the four original provinces existing within the British Empire. The Parliament Act approved the resolutions with some modification. Quebec and Ontario were carved out of the former province of Canada. John MacDonald, a legislator and a lawyer, became Canada’s first prime minister under the Act. While the Dominion of Canada had internal authority, Britain controlled foreign affairs. It was not until 1931 that Canada gained full independence even though the British monarchy remained its official head of state. The British North American Act was replaced 51 years after full independence by the Constitution Act of 1982. The 1982 legislation became our northern neighbor’s basic governing document. It includes a Charter of Rights and Freedoms that provides for two official languages in Canada—French and English. The charter also provides detailed protections against discrimination on the basis of race, national or ethnic origin, color, religion, sex, age or mental or physical disability.” The 150 th was celebrated all over Canada with speeches, ceremonies, concerts, fireworks, parades, barbecues and other events. The Birthday observance culminated with Canada Day festivities in Ottawa, the nation’s capital, and at other locations. Called Canada 150, the celebration’s themes were “diversity and inclusion, reconciliation with indigenous peoples, young people and the environment.” Prince Charles, heir

to the British throne, was on hand for the capital ceremonies. My magazine gift was part of the yearlong celebration. Called The Story of Canada in 150 Objects, the 130 page collector’s edition magazine was published by the Canadian Geographic Society and the Walrus Foundation. Its pages contain 150 elements of Canada’s history, culture and society. Also included is a pull out of the Charter of Rights and Freedoms in English and French. The individual magazine elements range from the maple leaf, Canada’s symbol that adorns its flag, to Trivial Pursuits, a game invented by a pair of Canadians. One piece on the 1982 Charter proudly proclaimed: “…When it comes to constitutions, more and more countries around the world have been looking north of the 49th parallel rather than south. A 2012 study found the influence of the U.S. Constitution has been on the wane for decades; meanwhile Canada has become a constitutional ‘trendsetter’— thanks in part to our Charter.” The initial article in the magazine is devoted to Canadian “politeness.” Written by Joel Yanofsky, the full page piece states at one point: “…Our front row seat to American brashness may also account for our historic identity crisis—150 years of wondering, ‘If we’re not them, who are we?’ What’s more, minding our manners from the front row seat has instilled in us an even more complicated

kind of personality complex—equal parts of superiority and inferiority. We make fun of Americans at the same time we envy them.” The last item in the publication— number 150—deals, not surprisingly, with hockey’s iconic Stanley Cup. That peculiarly Canadian game is also the focus of other magazine stories, including the game’s brain injury cost as well as articles on the hockey stick and the sports verb “deke.” That verb was contributed by a player named Johnny Deke who developed a faint to fake out defenders. There is not enough space allotted to this column to deal with the commemorative magazine’s many other pieces. It may suffice to say a reading of that magazine captures the multifaceted uniqueness of our neighbor to the north. In any event, this brash American with a red face of embarrassment wishes Canada and my gift giving friend a belated Happy Birthday.1

Endnote

1 In addition to the magazine cited in this column, the 2018 Year Book published by The World Book Encyclopedia, published by World Books, Inc. in December 2017, was relied on in preparing this column.

PHOTOS from top: Celebrating Canada’s youth & diversity Canadian hockey players Canada’s Charter of Rights & Freedoms Prime Minister Justin Trudeau and Prince Charles during capital ceremonies Canadian Parliament


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DID YOU FORGET to renew your

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NO PROBLEM! We have online, email, fax and mail options! See page 12 for our Express Renewal Form. DON’T MISS OUT— RENEW TODAY! Continue to enjoy the many benefits of WCBA membership: More than 50 WCBA CLE programs each year, for free and/or at reduced members-only rates More than 50 active committees & sections to advance your career | Access to members only web pages Monthly e-newsletter and timely e-blasts featuring current listings of CLEs and events Free subscriptions to the Westchester Lawyer Magazine and the Westchester Bar Journal A collective voice at the state and national level | Eligibility to participate in the ABA retirement program Discounted tickets to numerous social events & activities providing fun networking opportunities throughout the year

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