Report: Affinity frauds increase in economic downturn

From the New York Post:

Maybe it's the bad economy. Maybe it's people's desire to look past Wall Street and invest with someone they believe they can trust.

But whatever the reason, swindles of friends by friends are on the rise -- so much so, that prosecutors have coined a separate name for it: Affinity frauds...Savvy people who would never dream of investing with a cold-call telephone huckster will hock their homes and ruin their credit for a "friend" with an honest face and a good idea....

Many “friendly” business offers are legitimate. However, even a legitimate business deal can go sour if one or both parties do not realize what they are getting into.

The best way to avoid fraud, or other legal complications, is to consult a qualified attorney of your own choosing before entering into any contract or making any sizeable investment, even with a friend or family member.

National Week Recognizes Probation, Parole Officers

From the Ithaca Journal:

The American Probation and Parole Association has declared July 17 as a week of recognition for the work done by probation and parole officers providing supervision to offenders in the community. And for very good reason: There are more than 120,000 people on probation alone in New York. This number is more than the combined total of parolees and individuals incarcerated in the prison system. Probation is the largest alternative-to-incarceration program available to the courts and provides a crucial service in the justice system….

Probation officers are agents of the court and are responsible for ensuring that court- ordered conditions are met. To do this, probation officers provide direction, guidance and mentoring in face-to-face supervision appointments.

More on the role of probation and correctional alternatives in the justice system can be found here.

Indictment Dismissed in Ithaca Hospital Assault Case

From Fingerlakes1:

A Tompkins County Judge has dismissed the indictment against one of the men accused of participating in an attempted gang assault at Cayuga Medical Center in May 2010.

In a decision dated Wednesday (July 13, 2011) Judge John Rowley ruled that the assistant district attorney who presented the case against James Marshall to the grand jury failed to provide sufficient evidence of Marshall’s involvement and "violated his duty of ‘fair dealing to the accused."

Rowley’s decision came after Marshall’s attorney, Steven Getman, filed motions to dismiss the case for lack of evidence and due to defective grand jury proceedings. As part of that motion, Getman had argued that the prosecution did not provide the grand jury with evidence of Marshall’s repeated denials of guilt to the police.

New guide to New York's gay marriage law

With the passage of the Marriage Equality Act in New York, gay and lesbian couples will have the opportunity to get marriage licenses beginning July 24.

In anticipation of the many questions surrounding the new law, an online guide has been set up to address some of these concerns.

The guide offers legal advice from attorneys, and goes over the basic rules surrounding the same sex marriage law, including:

• applying for a marriage license;
• the rights and responsibilities conferred by marriage;
• the implications of the law’s religious exemptions; and
• limitations imposed by the federal Defense of Marriage Act.

The guide is currently available here.

The Documents You Need Before You Die

The Wall Street Journal has printed a list of the 25 documents you need before you die. They include:

• An original will;
• Proof of ownership for major assets, such as real property and motor vehicles;
• A complete listing of all bank accounts;
• A durable health-care power-of-attorney form;
• Life insurance policies and retirement accounts;
• Marriage and/or divorce papers.

The Journal also gives some advice on where to store these items. However, the laws of each state vary and, in certain jurisdictions, the locations suggested could create legal problems for your heirs.

Therefore, while everyone is strongly encouraged to locate and/or prepare these documents, anyone reading this list should make sure to consult with a competent attorney of their own choosing before following all the advice in this article.

A Failing Report Card: New York’s Civic Illiteracy

According to a new study, New Yorkers are seriously lacking in their knowledge of government, politics and the U.S. Constitution. Among the responses:

• Fewer than two in ten New Yorkers believe they are actually very familiar with the document.

• Sixty-two percent of respondents incorrectly believe that the president, not Congress, has the power to declare war.

• Two out of five New Yorkers could not identify which branch of government makes laws.

More on the study here.

Bar association to improve law school jobs data

According to the New York Daily Record:

[T]he American Bar Association’s Section on Legal Education and Admission to the Bar is requiring law schools to provide more detailed job and salary information on the questionnaire they provide to the ABA. The expanded information to be required is in the areas of employment status, employer type and employer location.

Two recent Vanderbilt law School graduates, Patrick Lynch and Kyle McEntee, started Law School Transparency in 2010 to obtain more accurate job information for prospective law students. The problem, they say, isn’t with falsified data, it’s with misleading information.

Regarding job status, information on the type of job obtained will include whether the job requires bar passage, is a job for which a law degree is preferred or just what type of job the graduate is in. More specific unemployment status will also be included as well as information regarding jobs funded by the law school. Information on where graduates find the most work will be included, as well as state-specific salary information.

The expanded information from the questionnaires will be published in the ABA’s LSAC Guide in June 2012.

Law students, like all consumers, deserve transparency and accuracy from providers of services. Educators, including law schools, should have a special duty to provide accurate information to their consumers/students. I applaud the American Bar Association for working towards greater accuracy in this area.

Memorial Day: New York State Senate passes bills to assist active military

The New York State Senate has passed two new bills, aimed at protecting the parental rights of our military members:

Bill S.3228 prevents the courts from considering the potential for a military service deployment as a detrimental factor when determining parental custody of a child. So long as the parent provides a suitable child care plan for the period of deployment, under the bill, the courts would not be able to infringe upon that parent’s custodial rights, helping more families of service members to stay together.

Bill S.3192 allows a parent to designate a short-term military service guardian, when necessary, during the period in which a custodial parent will be on active military duty. This guardian would only be designated if there is not another parent who has joint custody of the child, a parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing to make the day-to-day decisions for the child.

The bills have been forwarded to the State Assembly for approval. If passed by the Assembly, the bills would then be forwarded to the governor for further action.

Memorial Day: Drive Safely and Avoid Traffic Tickets

With Memorial Day weekend starting Friday, attorney Steven Getman is reminding motorists to practice safe driving habits on New York State roads.

“Memorial Day weekend is a heavily traveled period,” Getman said. “Not only does this increase the chances for accidents, but state and local police will be out in full force.”

Troopers are already are in the midst of the "Buckle Up New York: Click It or Ticket" campaign, Getman noted. In addition, he warned, "sobriety saturation patrols" will be on the roads this holiday weekend looking for drunken drivers.

Other police officers will be keeping an eye out drivers who are texting or talking on their cell phones, Getman said.

“The best way to avoid traffic tickets is to drive safely and obey the law,” Getman explained. “However, if a motorist does get a ticket—or worse, into an accident--he or she should make sure to contact a competent attorney to discuss his or her legal rights and responsibilities.”

For more information on this weekend's traffic safety initiatives, click here.

New Decisions from the N.Y. Court of Appeals

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including the privacy of medical records, a criminal defendant's right to a public trial and whether the police are required to interview witnesses after overhearing potentially exculpatory statements.

Decisions of the New York State Court of Appeals are binding on all lower courts within the state. The decisions are available to the public and can be found at the court’s website.