4/18 | Panel Discussion on New York State's Commission on Prosecutorial Misconduct
This event is free and open to the public, and has been re-scheduled from an earlier date of March 4, 2019. Please register for the re-scheduled event here.
This event is co-sponsored by the Cardozo Criminal Law Society (CCLS).
The creation of the Commission on Prosecutorial Conduct in 2019 would make New York the first state with a separate body to address complaints about the conduct of its prosecutors.
This panel at Cardozo School of Law will discuss the constitutional, legal, and policy issues raised by the legislation creating the Commission. Gov. Andrew Cuomo signed a revised version of this legislation into law on March 27th, 2019.
We also will discuss the lobbying effort to pass the legislation, the litigation that is pending challenging it, and the recent amendments to the law made by the legislature before the governor's approval.
Moderator: Professor Jessica Roth, Co-Director, Jacob Burns Center for Ethics in the Practice of Law
Hon. Robert S. Smith (Ret.), Partner, Friedman Kaplan Seiler & Adelman and Former Associate Judge of the New York State Court of Appeals
Mylan L. Denerstein, Partner, Gibson, Dunn & Crutcher and Former Counsel to New York Governor Andrew Cuomo
Marvin Schechter, Former Chair, New York State Bar Association Criminal Justice Section
1.0 transitional/non-transitional New York State CLE credits in Ethics and Professionalism pending
5/1 | Litigation Funding and Legal Finance: Does A New World Require New Rules?
The challenge of financing legal services is one that clients and lawyers face together.
Clients and lawyers both need access to capital to pay for the cost of lawyers' time and other expenses. This is especially true in litigation funding, where financiers have begun to provide capital in an emerging market called "legal finance." Legal finance has come under scrutiny from those who worry about its effects on society and whether it is compatible with lawyers' professional responsibilities.
This panel will explore the issue from three perspectives: (1) the challenges faced by lawyers when they borrow funds from conventional lenders; (2) the permissibility of non-recourse advances to lawyers based on the recovery of contingent fees; (3) the world of "consumer" legal finance, where clients, often with their lawyers' assistance, sell a contingent interest in smaller-value personal injury cases.
Additionally, the New York City Bar Ethics Committee Advisory Opinion 2018-5, based on the aforementioned Rule 5.4(a) and prohibiting non-recourse financing arrangements between lawyers and litigation funders, will be discussed from a legal ethics perspective.
Peter R. Jarvis, Partner, Holland & Knight LLP
Roy D. Simon, Distinguished Professor Emeritus of Legal Ethics, Maurice A. Deane School of Law at Hofstra University
Victoria Sahani, Associate Professor of Law, Sandra Day O'Connor College of Law at Arizona State University
Professor Anthony Sebok, Professor, Cardozo School of Law and Co-Director of the Jacob Burns Center for Ethics in the Practice of Law at Cardozo School of Law
In 2018, Professor Sebok published, "An Empirical Investigation of Third Party Consumer Litigant Funding" in the Cornell Law Review, as well as opinion articles on proposed Senate regulations and the New York City Bar Ethics Committee Opinion.
2.0 transitional/non-transitional NY State CLE credits in Ethics and Professionalism (1.0) & Areas of Professional Practice (1.0) pending
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