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Dealing with Difficult Attorneys

Total Credits
1.5 - 1.9
CDs/DVDs Only
This course is only available in CD/DVD format.
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Have you ever been frustrated when litigating a case or negotiating a transaction because opposing counsel seems intent on thwarting your every move? Then join NYCLA’s Task Force on Professionalism to learn tips and techniques for dealing with difficult counsel. Civility in and out of the courtroom has never been more important, given the challenges of practicing in the legal profession in the current economic environment. A distinguished panel with members from private practice, the judiciary and the disciplinary bar will provide their different perspectives on civility in the legal profession, and tips for how to deal with less than civil colleagues in an ethical and professional manner. Understand what is and is not permissible conduct under the New York Rules of Professional Conduct. Learn how to recognize the types of lawyers that can be classified as “difficult” -- from bullies to unprepared counsel to attorneys who seek to delay or bury with motion paper, to name a few. While litigation or negotiations may be adversarial by their very nature, that doesn’t mean that professionalism can be compromised under the guise of “zealous representation.”

Lecturer Bios

Hon. Barbara R. Kapnick

Born in New York City, Justice Barbara R. Kapnick received her bachelor's degree cum laude from Barnard College and her juris doctor from Boston University School of Law. Between 1980 and 1991, Justice Kapnick worked as a Law Assistant to the Hon. Ethel B. Danzig in the Civil and Supreme Courts of New York County and as Principal Law Clerk for the Hon. Michael J. Dontzin in Supreme Court. Justice Kapnick was elected to the Civil Court in 1991, appointed as an Acting Supreme Court Justice in April 1994 and was elected to the Supreme Court, New York County in 2001. During that time she handled many different Parts, and was assigned to the Commercial Division in September of 2008. She is a member of the New York State Bar Association, Judicial and Commercial and Federal Litigation Sections, and the New York City Bar, where she has served on numerous committees. She is a Master of the New York American Inn of Court, and is also a past president of the Jewish Lawyers Guild, where she remains active as a member of the Board of Governors. She is also a longstanding member of the New York Women’s Bar Association where she previously served as Co-Chair of the Litigation Committee. Justice Kapnick is a delegate to the Network of Bar Leaders, and sits on the Board of Directors of the Judges and Lawyers Breast Cancer Alert and the New York State Association of Women Judges. She is also active in the Supreme Court Justices Associations in New York, serving as a Vice President of the Citywide Association. Justice Kapnick, a frequent lecturer for many Bar Associations, has received several awards, including the William Goodstein Memorial Award or Dedicated Service and Leadership from the Association of Law Secretaries to the Justices of the Supreme and Surrogate’s Courts, and the Benjamin N. Cardozo Award from the Jewish Lawyers Guild. In June 2008, Justice Kapnick was appointed to the Advisory Committee on Judicial Ethics by Chief Administrative Judge Ann Pfau. She also serves as Chairperson of the Board of Trustees of the New York County Public Access Law Library.

Naomi Goldstein, Esq.

NAOMI F. GOLDSTEIN is a Deputy Chief Counsel at the Departmental Disciplinary Committee Supreme Court, Appellate Division First Judicial Department. In addition to her investigative, prosecutorial and supervisory responsibilities, Ms. Goldstein runs the student internship program at the Committee. She was admitted to the Bar in New York and New Jersey in 1990 and was admitted in the Southern and Eastern Districts of New York in 1992. To date, she has represented the Committee in well over 100 matters which have resulted in public discipline and in numerous other matters which have resulted in private discipline.

S. Jason Teele, Esq.

Jason restructures companies and protects creditors' rights. He focuses on complex corporate restructurings and bankruptcy litigation. Jason’s clients include corporations, official and unofficial committees of creditors, boards of directors (including board committees and individual board members), management teams, and individual creditors. Jason furthers client goals through creative and practical legal strategies. He is not afraid to take a case to trial when litigation presents itself as the best – or only – option for advancing client interests. Jason is recognized in Best Lawyers in America (2012-2014), Super Lawyers (2006 to present) for his work in insolvency and reorganization law, and the New Jersey Law Journal’s annual "Forty Under 40" list of leading attorneys (2011). Jason regularly writes articles on timely legal topics, contributes to legal treatises, and speaks about new developments in the law.

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