Page 7 - NYSBA Annual Meeting

NYLJ.COM |
MONDAY, JANUARY 27, 2014 | S7

Peters
Eng
conference by speaking to the
atic. According to a 2008 study by the Rand Corporation, the Veterans Treatments Courts ind their model in the success- enforcement and are required to maintain federal conidential- attorneys and their clients col-
psychological toll of deploy- ful paradigm of Drug Treatment ity standards. Mentors assist in lectively. Then he or she meets
« Continued from page S1
of citizen soldiers. I also came to ment in combat, in the form of post traumatic stress disorder and Domestic Violence Courts. As with those courts, the Vet- helping participants secure the treatment they need. Because of « Continued from page S1
have indicated that the mere with only the attorneys to get an understanding of their respec-
learn irst hand the challenges and traumatic brain injury, may erans Treatment Courts stress their shared experience with the scheduling of a conference may tive positions. The settlement
that our men and women faced after lengthy deployments and be greater than the physical toll.
rehabilitation and treatment over punishment. The defendants in participants, and by providing encouragement and positive rein- cause them to conduct an hon- est evaluation of their case while oficer is then able to point to each side’s strengths, as well
discharge from military service including financial hardships That psychological toll has an impact on the lives these the Veterans Treatment Courts are all military veterans or fam- forcement to participants, men- tors have proven highly effective providing them an opportunity to approach their adversary at as each side’s weaknesses. One local attorney described CASP
and medical problems includ- veterans ind themselves leading ily members. The court typically in keeping the veterans on track the direction of CASP, which as providing exceptional settle-
ing addictions to controlled substances.
and, ultimately on society. In this regard, there is a growing trend handles non-violent offenses and provides the veterans with to a successful outcome.
With their innovative serves as a neutral catalyst for settlement discussions. One ment oficers who can success- fully resolve matters when the
Since October 2001, about 2.5 of veterans entering the criminal mental health and addiction approach, Veterans Treatment Albany attorney noted that “per- attorneys who appear at con-
million troops from through- out our armed forces have justice system for acts that are a direct result of combat-related counseling. Once the veteran “graduates” from the court, Courts have the potential to be an effective and cost eficient way sonal injury cases are great for CASP, especially when the issue ference know the issues and have authority to settle their
been deployed overseas in our long-term conlicts in Iraq and stress. Some have argued that the criminal culpability of com- their charges are reduced or dismissed altogether.
to deal with the specialized prob- lems of veterans who become is about money.” This attorney also indicated that the “settle- cases. Moreover, a local settle- ment oficer recently offered the
Afghanistan. Many of these vet- bat veterans is reduced owing Using the model of Drug Treat- involved with the criminal justice ment oficer makes a huge dif- following advice to attorneys
erans served multiple rotations in these foreign theaters of war. to the unique experience of war and its attendant psychological ment Courts, Veterans Treatment Courts integrate alcohol, drug system. As with Drug Treatment courts, whose effectiveness has ference in the outcome of nego- tiations.”
appearing at a CASP confer- ence: “Don’t be argumentative
Upon their return, this veteran population faces unique prob- impacts. Be that as it may, a veteran who interfaces with the treatment and mental health ser- vices into the judicial framework. been well documented over the past 20 years of their existence, While there is no one key factor that causes a case to be or demeaning, don’t send a junior associate with no author-
lems of recovery and adjustment. criminal justice system has the The Veterans Treatment Court Veteran Treatment Courts are selected or rejected by CASP, ity, be lexible and come in with
Indeed, for some veterans, the greatest challenge occurs when right to expect that society will recognize the special burdens maintains and promotes an ongo- ing relation with each subject a socially responsible way for dealing with what is, in many some factors which are con- sidered in deciding whether a good attitude.”
Undoubtedly, the settlement
they return home bearing the that a veteran carries as a result veteran. It monitors abstinence cases, a social problem. But to select a case for CASP are oficers are crucial to the suc-
psychological scars of war.
Studies indicate that between of his or her service.
The Veterans Treatment through frequent drug test- ing and uses a non-adversarial this specialized court does more: Instead of punishing veterans, it the nature of the case, the pro- cedural posture of the matter, cess of the program and, at the conclusion of each conference,
10 to 20 percent of returning vet- erans exhibit psychological prob- Courts, 18 of which exist in New York state, are a recognition of approach, where feasible, which strikes a balance between public honors them for their service. These courts fulill society’s debt and an analysis of the decision being appealed. CASP begins they are responsible for report- ing the status, in general terms,
lems meriting treatment. Often that right. It acknowledges that safety and the needs of the veter- to vets; as Judge Robert Russell, the selection process by review- to CASP. Importantly, no case
the skills learned in the military, such as hyper-vigilance to threat- a veteran’s involvement with the criminal justice system an: legitimate needs that society has the obligation to recognize.
the founder of the country’s irst Veteran Treatment Court in Erie ing the pre-calendar statement, a form filed with most civil speciic report is made to the justices of the Third Depart-
ening situations and aggressive may often be caused by under- One of the key components of County, N.Y. has stated: “It is up appeals. With the exception of ment, except when a motion for
response to dangerous encoun- ters, translate to behaviors not lying, service-related substance abuse and mental health issues. the Veterans Treatment Court is the role of mentors. Mentors are to our justice system to look critically at how to best serve criminal and certain civil mat- ters,3 all cases are eligible for sanctions is made as a result of inappropriate conduct dur-
suited for civilian life, such as overt aggressiveness and impul- The goal of the Veterans Treat- ment Court is to strike a balance volunteers, preferably veterans themselves, who provide indi- the veteran population—to help them ind stability once more in CASP. Any attorney may request a CASP conference4 and such ing the process. Even then, the contents of the settlement nego-
sivity. These behaviors, coupled between upholding the rule of vidualized support to veterans their lives . stability they may a request remains conidential tiations remain privileged. CASP
with psychological issues that arise after exposure to combat, law and assisting those men and women who have served our who are being treated in the Vet- erans Treatment Court. Mentors have had prior to service.” Vet- erans Treatments Courts are a so as to guarantee equal bar- gaining power on both sides. does, however, inform the court in the event that the matter is
make the adjustment to civilian country and to whom we owe a are not employees of the Uniied major innovation in fulilling that Nonetheless, the selection settled or withdrawn.
life for some veterans problem-
debt of gratitude.
Court System nor active law
obligation.
process remains discretionary. One seasoned settlement oficer In 2013, an Advisory Com- mittee was established with
indicated that the “best cases for CASP are money cases such the goal of improving CASP.6 It consists of civil litigators who
Scudder
as personal injury, automobile, practice in the Third Depart-
Legal Education in the 21st Cen- tury,” focused on the challenges balance of time that professors spend on teaching and on legal in two years. A third year gives students time to build a solid sub- slip and falls, and Labor Law.”
Once a case is chosen by ment and have personal experi- ence with CASP. The Committee
« and criticisms facing law schools scholarship, suggesting that law stantive law foundation, as well CASP for a settlement confer- is extremely insightful and has
Continued from page S1
parties. This much is clear: No and legal education.
Even President Barack professors may be required to spend less time on scholarship as time to master basic lawyer- ing skills.
ence, a formal Notice of Con- ference is mailed to all attor- made several recommenda- tions to improve the program,
single entity can effect the neces- sary changes. Meaningful change Obama has weighed in on the issue. Speaking at Binghamton and more time in the classroom.
Many of these recommenda- The better approach may be for law school educators to neys in the matter. Generally, the conference is scheduled such as ensuring that clients be invited into the conference by
will require a collaborative effort University in August 2013, the tions should gain widespread restructure, rather than eliminate, about three to ive weeks from the settlement oficers.
among the many stakeholders who often have competing inter- President Obama suggested that the best way to cut the cost of a support. Others are more dif- icult to endorse. The proposal the third year of law school. The focus of the third year could shift the date of the notice. Since the possibility of settling the entire Regardless of whether a case is settled at a CASP con-
ests, including the American Bar legal education is to reduce law that bar admission be authorized to the development of practical case is a significant part of ference, the program is integral
Association (ABA), state and local bar associations, the Association school from three years to two, an approach that had been pre- for those who complete a two- year law school program is par- skills training valued by students and employers, including upper every conference, the attorney for each party to the action or to encouraging an objective evaluation of the strengths and
of American Law Schools (AALS), law school administrators, and viously advanced by some law school administrators.
ticularly troublesome.
The requirement that an level writing courses, clinics, ethics and professionalism, and proceeding must appear.5 More- over, the attorneys must know weaknesses of any case by gen- erating new ideas and options
practicing attorneys. Individual The ongoing dialogue has applicant for admission to the other practice oriented courses.
their case for the conference for settlement. CASP also
interests will have to give way to the greater good of the profes- produced a number of sensible recommendations. The ABA Task bar complete three years of law school has been favored for more President Schraver’s theme for his tenure is both timely and to be productive. As one local attorney indicated, if “attor- helps overcome obstacles and impasses by reducing tensions
sion. Fortunately, a constructive dialogue has begun.
Force report identifies several issues affecting the pricing and than a century. In the 18th and 19th centuries, most lawyers important. How we educate those preparing to enter our profession neys don’t come prepared, it’s a waste of everyone’s time.”
between participants, dealing with procedural problems and
The September 2013 issue of financing of a legal education. entered the profession by com- is a matter of great signiicance, Clients are also required to eliminating and/or clarifying
the NYSBA Journal was dedicated to the future of legal education The Task Force suggests that the ABA Section of Legal Education pleting an apprenticeship under the supervision of an experienced not only to students and law schools, but to all members of attend the conference because client participation is essential issues. When a matter reaches settlement, it saves the clients
and admission to the bar. The revise the standards and rules attorney. By 1878, the ABA had the bar.
to maximizing the possibility of money in addition to the alle-
issue contains a useful collec- tion of articles designed to inform that raise the cost of delivering a legal education, such as the established a committee on legal education, which concluded that a comprehensive resolution of the entire matter. One settle- viation of mental and emotional stress.
members of the bar about the growing crisis in legal education. standard relating to the propor- tion of courses taught by full-time a formal law school education, rather than apprenticeship, was ment officer shared a settle- ment story where the attor- CASP provides a second chance for settlement, which
The New York State Bar Asso- faculty. It also suggests a reex- the preferred path for admission Kretser
neys, refusing to budge from serves the needs of litigants and
ciation will continue to explore the topic this week as Schraver amination of certain law school ranking methodologies that have to the legal profession. In 1906, the AALS required that law school their positions, were unable to reach a settlement during preserves our precious judicial resources—a valuable beneit
convenes a special plenary Presi- the effect of adding to the cost of consist of a three-year course of « Continued from page S2
negotiations; the plaintiff’s to the public.
dential Summit to consider issues related to legal education and the a legal education. For example, US News & World Report uses law study, a standard endorsed by the ABA in 1921. The ABA reaf- will result in fairer decision- making and increased confi- attorney demanded a large sum of money, while the defendant’s •••••••••••••••••••••••••••••
future of the profession, including the cost of legal education, the school expenditures as a com- ponent of its ranking system, a irmed its position in 1972 when a proposal to eliminate the third dence in the integrity of our judicial institution. It is our attorney was stuck at zero. At one point, the clients sought 1. Conferences are conducted in Al- bany, Kingston, Monticello, Binghamton,
extent to which the curriculum measure that effectively rewards year of law school was soundly hope that the Judicial Section’s permission to speak to each Elmira, Canton and Lake George.
2. 22 NYCRR 800.24-a, 800.24-b.
prepares students for practice and the job market facing law higher costs.
To address the debt burdens rejected.
It is ironic that proposals for report will raise public aware- ness about the importance of other while in the waiting area. A few minutes later, the clients 3. Several categories of civil matters are speciically excluded from the pro-
school graduates.
shouldered by recent graduates, two-year law schools are being judicial diversity and serve as had settled the case among gram, including CPLR article 78 proceed- ings, habeas corpus proceedings, Family
The ABA and AALS have also contributed much to the discus- the Task Force recommends that law schools develop financial advanced at this time. One con- cern raised by opponents is the a call to corrective action by the decision makers in both themselves, thus relecting the importance of client attendance Court proceedings involving child abuse or neglect, juvenile delinquency or per- sons in need of supervision, Elections
sion. In September, the ABA’s Task Force on the Future of Legal Edu- counseling programs for stu- dents. It also suggests that loan likelihood of an increase in the number of law school applicants the elective and appointive judicial selection systems in at CASP conferences.
CASP currently has 10 active Law proceedings and Unemployment In- surance Appeal Board and the Workers’
cation issued a comprehensive repayment requirements be and the resulting increase in the our great state.
settlement officers, nine of Compensation Board matters.
4. 22 NYCRR 800.24-b(c).
draft report with recommenda- tions regarding the provision of examined, including the expan- sion of loan forgiveness oppor- number of attorneys seeking employment in an already dif- •••••••••••••••••••••••••••••
whom are retired judges. Settle- ment oficers are appointed by 5. 22 NYCRR 800.24-b(a). 6. 22 NYCRR 800.24-b (d).
legal education. After receiving tunities for law graduates who ficult job market. More impor- 1. See Pat K. Chew & Robert E. Kel- ley, “Myth of the Color Blind Judge: An the presiding justice and bring
public comment, the Task Force will make its inal recommenda- engage in public service work.
Additionally, many propo- tantly, with a growing number of legal employers expressing dis- Empirical Analysis of Racial Harass- ment Cases,” 86 Wash U. L. Rev. 1117 a wealth of experience to the program. Members of the legal
tions for consideration by the ABA House of Delegates. Ear- nents of change have called for revamped curriculums to help satisfaction with the competency level of lawyers graduating from a (2009); Adam B. Cox & Thomas J. Miles, “Judging the Voting Rights Act,” 108 Co- community indicate that the settlement oficers have been Daily columns in the Law Journal report
lier this month, the AALS held students develop practical legal three-year program, it is dificult lumbia L. Rev., 5152 (2008); Jennifer L. Peresie, “Female Judges Matter, Gender and Collegial Decisionmaking in the instrumental in leading their developments in laws affecting medical malpractice, immigration, equal employment
its annual meeting in New York City. Its theme, “Looking Forward:
skills. A workshop at the AALS annual meeting focused on the
to imagine that law schools could produce more competent lawyers
Federal Appellate Courts,” 114 Yale L. J. 1759 (2005).
cases to settlement. Typically, the settlement oficer begins the
opportunity, pensions, personal-injury claims, communications and many other areas.

Would you like to announce

New Partners

Firm Changes

Call Indera Singh

To Place Your

Professional Announcements

212-457-9471 • [email protected]