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35 Nassau Law. 1 (1987-1988)

handle is hein.barjournals/nassau0035 and id is 1 raw text is: tBck Rate
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Pefmnit 19
I Eastot, Nq.Y. 11941
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TIlE JOURNAL OF TIlE BAR ASSOCIATION OF NASSAU COUNTY, N.Y., INC.  VOL. 35, NO. 1, SEPTEMBER, 1987
SERVING THE LEGAL PROFESSION AND THE PUBLIC FOR OVER 84 '1 EARS

Hoffmann seeks continued growth for Association
By
SANDRA J. FEUERSTEIN
On June 18, 1987, in a
ceremony marked with
warmth and tender humor,
Theodore   D. Hoffmann
was installed as the 85th
president of the Bar %sso.
ciation of Nassau County
by his former law partner,
-ti                                                 Second Circuit Court Judge
Flank X. Altimari. In a sur-
prise move, Judge Altimari
called upon another former
associate, Chief Judge of
the Court of Appeals Sol
Wachtler. to join him in in.
stalling Hoffmann as presi-
dent.
Hoffmann described the
evening as a pinnacle in his
life, like the day I returned
home from   overseas, my
wedding day or the days my
children arrived. Ind.-ed,
Hoffmann's wife, Myrtle,
and his family were on hand
to witness his asbumption or
-   the presidency. I am so
2   pleased, said Hoffmann,
..,at being elected president
of this great Association,
perhnps., ~eise aweinw&k It
is cerla!nly the high point of
e   my professional career.
That ca'eer has spanned
almost tour decades. Prior
Bar Assodation lnstallation: N. Y.S. Court of Appeals  Hoffmann and Judge Francis X. Altimar, U.S. Court of  to law school, Ted Hoff-
Chief Judge Sol l'achtler, NCBA President Theodore D.  Appeals, Second Circuit. More p:-tures on page 9.  mann worked in insurai.:e
Continued on page 8
NCBA approves 'Nassau Plan' REs JUDICA TA
for Continuing Legal Education Judgments deal with
By CAROL M. HOFFMAN      an MCLE plan for 18B as. dillon to the co-chairs, the  auto,       store       accidents

At its June meeting, the
Board of Directors of the
Bar Association adopted a
resolution approving a pro-
posal for Mandatory Con-
tinuing Legal Education
(MCLE) for all attorneys
%% ho practice law in the state
of New York. As a result of
the adoption of the resolu-
tion, the proposal, entitled
The Nassau Plan, was
forwarded to Chief Judge
Sol Wachtlcr and the New
York Slate Bar Association
for review and action. Im-
plementation of the plan
%.'uld require that esery
prson Iicnsed to practice
aw in the state of New
York, not exempted, shall
attend a minimum of 18
hours over a two year
period.
After years of debate, in
our Associ lion and others,
about the issues of speciali-
zation and attcrney co.ipe-
tency, immediate past presi.
dent Edward T. Robinson
Ill made the development
of in MCLE plan a priority
for his administration.
Since the Academy of Law
was scheduled to embark on

signed counsel, Academy
Dean Andrew Simons was
authorized by President
Robinson to appoint an
Academy committee on
Mandatory Continuing
Legal Education to deal
with the issues of 18b and
MCLE for all attorneys.
In September of 1986,
Joel Asarch and I were
designated by Dean Smons
to co.chair the MCLE
Co umittce which would be
responsiblc for develop ng a
proposal for MCLE for all
attorneys In the state. In ad-

committee consisted of
Judges Robert Roberto Jr.,
Leo F. McGinity, John D.
Capilli, Stanley Harwood
and Allan I. Winick, as well
as attorneys Harvey B. Lev.
inson, Paul I. Ooodstein,
M. Kathryn Meng, Thomas
F. Liottl and Richard
Kranis.
The committee met
several times over a period
of ,ix months and during
that time it analyzed other
states' plans, as well as New
York State's attorney
Continued on page 15

New number for LRIS
The Lawyer Referral Information Service his a
new telephone number: (516) 747-4832. The public
can now dial the LRIS directly. The new system has
proven to be more efficient and expeditious. Prospec-
tive clients no longer have that intenainable wait on
hold. Notification of the new number has been sent
to local newspapers, government and consumer agen-
cleslbuarles and the Yellow Pages and Yellow Books.

By ARLENE ZALAYET
A prudent question is one half of wisdom.
- Francis Bacon
Judge a man by his questions rather than by his
answers.
Voltaire
Would it be fair to say that scientists and philosophers
can never ask too many questions? On the contrary, isn't it
a fact that trial attorneys probe at their peril? Don't ,ou
agree that an artfully drafted question is often more effec-
tive than even the best response? You would neer pose a
question unless you knew the answer, would you7
Who among us hasn't been tempted to put forth juet one
further question? Ironically, isn't it true that sometimes
the best question is the one you didn't ask?
Query: Are these questions leading to this month's ver-
dicts? Funny yo should ask...
Damouni v. Theodorou & Associated U Drive-It
Supreme Court, Nassau County
Verdict: S251,210 - June 1987
This case stemmed from a three-car collision on the
Long Island Expressway. The van operated by the plaintiff
was rear-ended by the defendant Theodorou who was rear-
ended by a truck owned by the defendant Associated U
Drive-It.
A question of fact existed as to whether or not the mid-
dle car struck the iet car before being struck by the truck.
The driver of the middle car testified that he was pushed
Into the front car following a rear Impact from the truck.
The plaintiff, his brother - who was a passenger in the
plaintiff's car - as well as both defendant drivers testified at
the trial. The case was not bifurcated.
Continued on pago II

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