First Amendment Protects Attorney Who in Good Faith Advises Client Even If The Advice Is Later Determined To Be Incorrect: A Most Eloquent and Impassioned Defense of The Constitutional Right to Advice of Counsel

It may be hard to find a more eloquent and impassioned defense of the constitutional right of an attorney to give, and a client to receive, advice of counsel than in the decision in Vinluan v. Doyle, 60 A.D.3d 237, 873 N.Y.S.2d 72 (Appellate Division, 2nd Department, January 13, 2009). The matter granted a petition for Article 78 review brought on by a group of ten nurses and their attorney to prohibit the Suffolk County district attorney from prosecuting, and Supreme Court justice from presiding over, a criminal case against the nurses, who were indicted for the misdemeanor offenses of … Read the rest

New Law Makes It Harder to Introduce Evidence of Prior Incarceration or Conviction in Negligent Hiring Claims

Under a negligent hiring theory, an employer’s liability arises from its failure to take reasonable care in making hiring decisions, thereby placing the newly hired employee in a position to cause foreseeable harm to others. The negligent hiring theory creates an incentive for employers to avoid hiring previously incarcerated individuals.

To avoid such tort exposure, many employers choose not to hire ex-offenders when they apply for employment even though New York Law provides that to do so under certain circumstances constitutes unlawful discriminatory practice.

The employer’s dilemma poses a serious problem for society.The unemployment rate for ex-offenders in New York … Read the rest

President Clinton Speaks at Law Day Dinner

On May 9, 2007, former President Bill Clinton was the keynote speaker at the annual New York State Trial Lawyers Law Day Dinner. President Clinton spoke eloquently about the rule of law, telling the audience that during his travels to fledgling democratic countries throughout the world, he is compelled to stress that democracy is not only about majority rule. Rather, democracy is also about individual rights, minority rights, and adherence to constitutional principles, in order that no single person or group can become too powerful.

President Clinton reminded those in attendance that in representing clients in court, trial lawyers are … Read the rest