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Ethical Implications of Litigating Against The Mentally Ill

Ethics Credits
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In this CLE course, NACLE’s well known instructor and extremely published legal commentator, Dov Treiman takes you through the ins and outs of your ethical obligations when you realize that your adverse party is suffering from a mental impairment or disease.

He discusses both the legal and the practical considerations. Preferring improvisation to straight lecture (but prepared for both), he welcomes your comments and questions.

Lecturer Bios

Dov Treiman, Esq.

Mr. Treiman is the partner at Adam Leitman Bailey, P.C. who manages the firm's landlord-tenant civil litigation practice. As one of the leading authorities in the landlord-tenant bar, Mr. Treiman's drafting of appellate briefs, legal documents and motions has increased the ability of Adam Leitman Bailey, P.C. to garner better results for its clients.

Mr. Treiman was involved in private practice for fifteen years before devoting his principal time to the collecting, editing, writing, and publishing of scholarly research materials in landlord-tenant law. His writings include several articles in the New York Law Journal and numerous articles in the Landlord-Tenant Practice Reporter.

Mr. Treiman is the Founding Editor and Contributor of numerous articles to Landlord Tenant Monthly (4 volumes); Editor and Commentator, The Housing Court Reporter (24 volumes); Editor and Commentator, Treiman's Commentaries (3 volumes); Editor, The Housing Court Reporter Chronological Annotator (3 volumes); Editor, The Housing Court Reporter Plaintiff-Defendant Tables (2 volumes); Editor, The Housing Court Reporter Digest (7 volumes); Editor and Commentator, Treiman's New York Landlord Tenant Statutes Annotated (3 volumes); Editor and Commentator, Treiman's Rent Stabilization Code Annotated (3 volumes); Editor and Author, Treiman's Trial Manual; Editor and Principal Author, Treiman's Encyclopedia and Dictionary (2 volumes); Editor and Commentator, Treiman's Leading Cases (2 volumes); Editor, Public Documents of the DHCR; Editor, The Loft Board Reporter (18 volumes); Editor, The New York City Administrative Law Reporter (3 volumes); Editor, Landlord Tenant Appellate Reporter (7 volumes).

Of these, undoubtedly, the most important is the Housing Court Reporter, the standard work used by all the New York City courts and all quality practitioners of landlord-tenant law to search through some 50,000 cases for applicable precedents for appellate briefs, legal documents and motions.

Starting in 2006, Mr. Treiman was commissioned by the State of New York to produce special editions of several of these works for their use in chambers by each of the 51 Housing Judges.

In all, Mr. Treiman has written over 80 volumes on the subject of landlord-tenant law and has often been quoted as authority in decisions written by the various courts and by other legal commentators. Mr. Treiman has also written several other books on non-legal topics.

Mr. Treiman is a frequently sought lecturer on landlord-tenant subjects and has been retained by most of the providers of Continuing Legal Education in the New York City area. He is the principal consultant to the New York Times for landlord-tenant matters. Mr. Treiman is the Chair of the Board of Advisors of the Apartment Law Insider.

Mr. Treiman has been recognized for this work with featured biographies in Who's Who in American Business, Who's Who in American Law, and Who's Who in America. Mr. Treiman earned his Bachelor's Degree from the State University of New York at Stony Brook and his Juris Doctor from St. John's University, School of Law. Mr. Treiman resides with his husband, paralegal Tom Treiman.

Carolyn Z. Rualo, Esq.

Carolyn Z. Rualo is a Partner in the firm’s Landlord-Tenant and Rent Regulatory Due Diligence and Transactional Risk Assessment of Multi-Family Dwellings Groups. She represents a wide spectrum of New York City landowners from beginning property investors of small to mid-size multiple dwellings to seasoned property owners of hundreds of residential buildings throughout the City of New York. Her expertise in helping both her property owner clients and tenant clients in understanding the complex rent regulations and laws that govern their buildings allows her to see not only her strongest case, but her adversaries’ anticipated positions. She can thus frame a response even before the other side has thought what to answer.

She represents both commercial and residential landlords and tenants before the state courts of New York, the New York City Civil Courts, Homes and Community Renewal of the State of New York (HCR), formerly the Division of Housing and Community Renewal of the State of New York, and the Certificate of No Harassment Unit of the Department of Housing Preservation and Development (HPD) of the City of New York. She specializes in investigating and uncovering rent regulatory non-compliance issues that can subject current and potential building owners to hundreds of thousands of dollars in future liability for rent overcharge exposure and building wide permanent rent reductions. Similarly, she successfully secures the return of overpaid rent and buyouts for her tenant clients. Buyers of multiple dwellings have relied on her and her team to review up to hundreds of units in multi-property portfolios, within narrow due diligence periods, and advise on issues that warrant special negotiations to ensure the value of their investment. Carolyn Rualo is particularly sensitive to the tight time frames these investigations require. With over ten years experience of practice before the Housing Courts of the City of New York and the Supreme Court of the State of New York, she also prosecutes and defends clients in nonpayment proceedings, holdover proceedings, Housing Part (HP) proceedings and in cases to determine an apartment’s rent regulatory status, legal regulated rent and any rent overcharge liability, for individual parties and in defending class action lawsuits against building owners.

Carolyn Rualo’s clients authorize her to process applications and defend actions before the HCR, including applications for rent increases based on Major Capital Improvements (MCIs), rent reduction applications, rent overcharge complaints, modification of services application, Tenant Protection Unit investigations and applications that seek an administrative determination by the agency as to an apartment’s legal rent or regulatory status. She also routinely educates and assists property owners in complying with their obligations to annually register their buildings with HCR and in correcting any registration errors that may have occurred in the past, often under prior ownership. Carolyn Rualo is relentless in making sure that her clients fully understand their positions’ strengths and weaknesses.

Carolyn Rualo is a leading attorney who has been recognized for her impressive accomplishments in real estate law. She has been named repeatedly as a Super Lawyers Rising Star and has also been featured as one of the Super Lawyers Top 50 Women Attorneys in the New York metropolitan area – one of only 18 real estate attorneys who made the list that year. Carolyn Rualo was recently named as one of New York Law Journal‘s “New York Trailblazers” for her innovative and unconventional approach in helping an owner avoid a City lien for three times the market cost for making emergency repairs. She was also recognized by the Chambers Women in Law Awards: USA 2018 as a nominee for the “Future Leader – Gender Diversity (Private Practice)” category, joining only four other women from across the nation.

Carolyn Rualo is admitted to practice law in New York and New Jersey. She is a graduate of Villanova University, College of Commerce & Finance, where she was a member of the Gamma Phi Honors Society. She then went on to earn her Juris Doctor from Brooklyn Law School before joining the firm in 2007. Carolyn Rualo is starting her 13th year at Adam Leitman Bailey, P.C.

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