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 … 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 … 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, … Read the rest