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34 Nassau Law. 1 (1986-1987)

handle is hein.barjournals/nassau0034 and id is 1 raw text is: Bulk Rate U.S. Postage PAID tPerrllt #9 Eastport, N.Y. 11941 TIlE JOURNAL OF TIlE BAR ASSOCIATION OF NASSAU COUNTY, N.Y., INC VOL. 34, NO. 1, SEPIEMBER. tsSr SERVING THE LEGAL PROFESSION AND THE PUBLIC FOR OVER 84 YEARS New legislation ushers bi an era Robinson seeking closer ties with other organizations Hy !,1 fER FOREST JR. Edward T. Robinson Ill, the 84th presi- denl of tie Nassau County Bar Asscia- tion, Is a mai bursting with Ideas, The scope nird practicality of tlie changes he has already started to make, both within the Bar Association and in Its dealings with groups outside of the Bar Association, promise to riake iis one-year tenure one of the most excitirg and progressive in the en- fire history of lhe Bar Association. Tie new president has been an Oyster Bay resident aio or hi life and presently practices there as a partner in the firm of Robinson & Lynch, maitalning a general clvil practice %-ith areas of emphnsis in pro- bale, corporate, real estate, zonlig, per- sonal Injury and education law. Robinson received Iris A.ll. In political science fron tie College of tIhe Itoly Cross, Worcesteri Massaclhusets, irn 19S4, After graduatlig from college, lie served in tie Counter Inteligene Corps In the United States Ar- iy In eilin front 1954 to 1956. Hie then at- teided Ueorgclown University School of Law 0lrite hc received Ills Jurs Doctor degree it 1960. After admission to the bar in 1961, he - Conthiued on page5 Edsil r' - Robinson .. . Association schedUe computer CPL show/seminar for October 21-22 Pr By ROGER lI; FRIEI) AN At ai arlernoon -lunch- eon- two nlluritcys ilet t discuss matters of great sig- ilficlnce to IlieIr-respective ,lawflrsriv. Thie corsversuilon squided , sontlilng, like is:1 1 l heiryoui just pur- chased somse new equi merit, Dai Wasn't It two PCC's with 30 megnbyte drives with two floppys in -i'ch and a laser? Yci Roger, and- they each con- tain 640N RAM, a CP/M chip arid all tire necessary software. Sounds great- Don, You've really moved into 'state-of.the-art.' 'in still unsing tile old CP/M sysem inrtead of MS-DOS with only 64K RAM, two 5 1/4-Inch floppys and two 8-inch drives that give me approxIancly 2.6 Inea- bytes of storage. I'm aiso using a dot matrix with a speed of 120 cps nird n letter quality daisy wheel, wicl rlits 40 cp.' on slhouIld get a laser, Rog; It prints eight pages per mirnute, no irlse and can generate several Interesting character fonts. By the way, tie fIoppys hold 360 K bytes and yOU call even get one with 1.2 nmegahytes. Can you iuaghie . 5 i./4-inch floppy beirg able to hold 1,2 megabytes7 The conversation con- tinued for soie hose.Two- seasoned attorneys at an ad- joili-i- lible-- overhearing- What was saldi remnarked to oncither tihat the legal profesron muit-, have cei- 1ainly iaken- a tin far the Worse since Brigiil 0-o longqr appeared to be the language of choice. Must he a personal injury action, said one. That RAM really inflicted harm on that poor fella with al those bytes. It's lucky that they can operate With lasers these days, - - The legal profession - perhaps,, more than- any other - is undergoing p ro- found changes, particularly In the manner In which legal services ire delivered to the client. Large ahd-fiedlurm size firmlas have, for the past ten tofllteh ydaes,- incor- porated Into their daily opefalois sb md form :of atoibnatio, Whhrift be -a + dedlal wortO processo-r or the old._ ,4mag card system. Within the past five to seven years, these firms -have. upraded theii auto- mated operations to incor- porate the latest in com- puter technology for use in word processing, billing, legl rieearch, spreadsheet appillcatlons -and-4 other phases pf law office ad- rilisdrrlios. These firms are able to deliver legal ser- Conthiued on page 11 +,,fNOTICE The lofstra Law School Plhie~innt Office. in cooperation with the Nssaui County Bit Assoiation, Is currently providing a service to asslit local pistil- tloners with their shot-lerm reegreih requirements, Student researthelir wiil iork a independent contrac- tors at the established rate of 8 per hour. The re. search pool will conist of studeul whO have conl- pleted at least- one year of law sludies and- are available for short-term assignments, Practitioners will be served or a first-come basis, Attorneys who are Interested In this service may contact: The Re- search Pool, Law Placement Office, Hofstra Univer- sity School of Law, Iempslead, NY 11550. Telephone: (516) 60-. S71. of tort reform By ARLENE ZALAVET WARNIN: Tort reform may lie hazardous to your practice. Negligcnce lawyers bewarel The much.heraldeci eta of Legislation designed to cure the ailing loll system has begun. Several crucial new rules have been implemented. Further changes are imminent. Some analysts view Ili new legislation as a panacea, To others, tie cure Is far worse than the disease. Jolnt nd Several Liability This Issue Is perhaps the most conirer r. sial area of the reformation. The nie provisions are contained within tie newly- created C.P.L.R; Article 16. The rules regarding joint and several liability apply tr all actions commenced or claims filed on o1 after July 30, 1986 (see N.Y. State S.eate Bill 9391-A). . The law provides that, in actions iri olv. Ing multliple'defendants any one defenrd-iit Will not pay more than Its assessed percent. ae of fault of non-economic loss if that defendant's assessed liability Is 50.'pcicent or less. Thus, while the modification eliminates joint and several liability for ihe 50 percent or less tort feasor for non.ei. noml loss, the full joint and several dre, bine remains In effect for economic los., Non-econornic loss is essentially damages for pain and sufferiti, while ecenotulr loss is, in effect, past ard future lost v ar and medical expensel. A key tu evaluating tre iiilcact of ttlr provision Is to note its excluslons. 1he ilie rnthrrrd en ,ave' .1 R UPDATE :ocess servng and arbitraton discussed Nfi aOl K BR.I Service ithki Dlal~i nA Rnteh Out Partlirack stari,rdect(PAicar bultdot - lyits ili: -wailt for the ehuie: .John Doe oii,li'lves at One Fortres Arms. rdoghl the slidisg- tiid afrows of otraged fortne hunters todiy's coluinifo-f15uses On the pfocecss server- Until the legishlature in Albarly se lia ficed0to amend the CPLR to permit Imall s0e -cas -in zthe -fcdcral cortti (FRCP 4{14, the process server will remain an Integral part of the litI in 6pfocess. Once upon a tlie there existed- five lonely pIomissory notesloo king for theli maker, The plaintIff utilied CPI R 3213 (summary judgment in lieu of complaint)y in an a.- tenpt to fecover $800,000 from the corpo-rale and if. dlvidual defendants. Appeating at the Individual defendani's home, the pro cess server requested to speak With hia.' ihough aditrit; tedly home, the'defendanitwould not speak witit our licro and after wailing half in houir, the process server left, Two days later, he reappeared, only to seei!he defendanit dri itig away II his car. The process server qulckly-approached tire reluctant defendant. having parked iis own. car part way across defendant's driveway, Stllt the defendant remained mute to the plea of the process server, ,ho was running alongside the vehicleto lower his window, Finally, Ilie pr0- cess server placed the summons under (or by) the wIntl. shield and the defendant drove off. When the motion came on to be heard defendants cross-moved to dismiss for lack of personal jurisdiction and did not defend the action on the merits. Decision? Cross motion denied. Tire Court noticed that this was the second time tlit plaintiff had moved for this relief. The first time tire pat tes agreed to dismiss tie action because defendants vere not given enough time tnder the statute to ansver te ino- lion's contentions. The Court slated that defendanl %%s Continued on poke to

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