March 2015 Volume 25 / Number 7. Reforming Legal Education. Celebrate with the Stars Award Winners Short Calendar 101

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1 March 2015 Volume 25 / Number 7 Reforming Legal Education Celebrate with the Stars Award Winners Short Calendar 101

2 We understand malpractice risk is always on the docket. For more than 50 years, the CNA Lawyers Professional Liability program has helped attorneys manage risk with a broad range of insurance products, programs and a comprehensive series of risk control tools and services. Designed to help you avoid potential malpractice risks before they occur, these information resources are always available to keep you current on key issues affecting legal practices today. We offer a series of seminars and webinars that may help you meet your mandatory CLE requirements, and can potentially lower annual premium costs. And our Professional Liability Risk Control hotline helps you navigate the challenges facing law firms today. As part of an insurance organization with more than $56 billion in assets and an A rating from AM Best, CNA has the financial strength you can count on. When it comes to helping attorneys better manage their risk and potential exposures every day... we can show you more. Start reducing your firm s liability risk now. For a quote or more information, contact Kronholm Insurance Services at , or jkronholm@aol.com Kronholm insurance services is dedicated to serving the needs of the Connecticut legal community. We offer a full range of insurance products specially designed for attorneys. CNA is a registered trademark of CNA Financial Corporation. Copyright 2011 CNA. All rights reserved.

3 features 12 Celebrate with the Stars Award Winner Profiles The CBA will present its annual awards at Celebrate with the Stars on April 16 to the stars of our legal community who shine the brightest. Read about the professional accomplishments that earned the award recipients their recognition through allegiance, dedication, conscientious service, commitment, and mentorship. 18 Reforming Legal Education By The Honorable Kenneth Shluger The Connecticut Bar Association created a Task Force on the Future of Legal Education and Standards of Admission to develop recommendations for law school curriculum and potential changes to the rules governing the Connecticut Bar examination. What follows is a summary from the chair of the task force of key points from the full report, which is available on the CBA website. 20 Short Calendar 101 By Eamonn S. Wisneski This primer provides an overview of effective practice in Connecticut s short calendar system, including how to make markings, preparing for argument, and persuasive oral argument techniques Pro Bono Honor Roll Connecticut s legal communities handled a number of pro bono cases last year through Connecticut Pro Bono Network-affiliated organizations. See which attorneys are recognized for their inspiring work in this annual listing. contents COLUMNS President s Message... 2 A Message from the Executive Director... 5 Time to Go Pro Bono Building Your Practice Supreme Deliberations Young Lawyers DEPartMENTS Upcoming Events Calendar...4 CBA News & Events...6 Informal Opinions...8 Court Decisions...32 Classifieds...36 Connecticut LAWYER Have an idea for an article? Contact editor@ctbar.org. All suggestions are welcome Officers Mark A. Dubois, President William H. Clendenen, Jr., President-elect Monte E. Frank, Vice President Asker A. Saeed, Secretary Matthew D. Gordon, Treasurer Sylvia K. Rutkowska, Assistant Secretary-Treasurer Kimberly A. Knox, Immediate Past President Connecticut Lawyer Advisory Committee Elizabeth C. Yen (Chair), Myles H. Alderman, Jr., David Austin, Frank S. Berall, Thomas Chapman, Joseph A. Cipparone, Dean M. Cordiano, Jeffrey C. Dannenberg, Proloy K. Das, Brian J. Donnell, Steven J. Errante, Emily A. Gianquinto, Theodore W. Heiser, Noah Jon Kores, Charles D. Ray, Fred D. Sette, Gregory A. Sharp, Jeffrey M. Sklarz, Bolesh J. Skutnik Connecticut Lawyer Staff Advertising: Jessica Pace, jpace@ctbar.org Editor: Alysha Adamo, aadamo@ctbar.org Executive Director: Douglas S. Brown, dbrown@ctbar.org Graphic Designer: DR Anderson, danderson@ctbar.org Copyright 2014 by the Connecticut Bar Association. All rights reserved. The copying, duplication, transferring, reproducing, reusing, or reprinting of the Connecticut Lawyer is strictly prohibited without permission. Publication of advertising does not imply endorsement of products, services, or statements made concerning them. All advertising copy is subject to approval. The editor reserves the right to reject advertising. The goal of the Connecticut Lawyer is to provide a forum for the free expression of ideas. The opinions and positions stated in signed articles are those of the authors and not those of the Connecticut Bar Association. The Connecticut Bar Association welcomes the submission of articles by its members. For editorial guidelines, please editor@ctbar.org. Manuscripts accepted for publication become the property of the Connecticut Bar Association. No compensation is paid for articles published. The Connecticut Lawyer (ISSN ) is published monthly except in January, June, and August by the Connecticut Bar Association, 30 Bank Street, New Britain, CT CBA membership includes a subscription. Periodicals postage paid at New Britain, CT, and additional offices. POSTMASTER: Please send address changes to Connecticut Lawyer, PO Box 350, New Britain, CT

4 President s Message All Progress in Social Matters is Gradual. In Re Hall, 50 Conn. 131, 132 (1882). Mark A. Dubois is the 91st president of the Connecticut Bar Association. He is counsel with the New London firm of Geraghty & Bonnano where he represents individuals accused of ethical misconduct and malpractice. As Connecticut s first chief disciplinary counsel from 2003 until 2011, he established an office that investigated and prosecuted attorney misconduct and the unauthorized practice of law. Attorney Dubois also serves as an expert witness on matters of ethics and malpractice and teaches ethics at UConn Law School. The quote above is from the famous case wherein the Connecticut Supreme Court was asked to consider whether Mary Hall, who had studied law first with her brother and then with another Hartford lawyer, and who had then applied to become licensed herself as a lawyer, was a person within the meaning of the bar admission statute and, thus, qualified for the office. Finding the question in the affirmative, the Court approved her admission and she became Connecticut s first woman lawyer. Women and Minorities in Connecticut Bar According to a Connecticut Bar Journal article on the history of the first 100 years of the CBA, following Mary Hall, Florence Clohessy was listed in the Connecticut State Register and Manual as practicing law in Waterbury in 1891, and Susannah O Neill, also in Waterbury, in Court records show 11 women practicing law in Fairfield County between 1900 and In 1925, J. Agnes Burns became both the first woman graduate of the Hartford College of Law (now the UConn Law School) and the first woman to appear on a brief before the Connecticut Supreme Court. In 1960, Margaret Driscoll became the first woman juvenile court judge. In 1975, Mary Fitzgerald and Amalia Toro were the first women appointed to the Court of Common Pleas. In 1978, Ellen Burns became the first woman appointed to the Superior Court and Ellen A. Peters became the first woman chief justice. In 1880, Edwin Archer Randolph, by virtue of his graduation from Yale Law School, became the first African American allowed to practice law in Connecticut. While it does not appear that Randolph actually practiced law in Connecticut, Walter J. Scott, a year behind Randolph at Yale, was the first African American to actually practice and was the first, in 1881, to try a case in a Connecticut court. In the 1920 s, Howard Drew became the first African American judge in the Hartford Police and City Court. Robert Glass became the first African American on the Connecticut Supreme Court in In January 1992, the first two Hispanic judges were appointed when Eddie Rodriguez and Carmen Espinosa were approved on successive days. Nina Elgo became the first judge from the Asian and Pacific Islander community in In November 2010, Nawaz Walha became the first Pakistani and Muslim judge. In January 2013, Andrew MacDonald became the first openly gay justice of the Supreme Court, and in March of the same year, Carmen Espinosa became the first Hispanic Supreme Court justice. In January 2014, Rupal Shah became the first Indian judge. Women and Minorities in the CBA Though women and members of minority communities made slow but steady progress in the bar and on the bench, things were slower at the CBA. In 1932, we admitted our first three woman members. In 1974, 99 years after the CBA was organized, Katherine Hutchinson became the first woman on the Board of Governors. In 1975, Shirley Bysiewicz became the first woman officer when elected treasurer. In 1980, Marilyn Seichter became the first woman chair of the Young Lawyers Section and, in 1989, 114 years from our founding and 107 years after Mary Hall s admission to the bar, Marilyn also became our first woman president. The next two presidents following her were also women: Carolyn Kelly and Susan Wolfson. Two years after President Wolfson, Rosemary Giuliano assumed the title. Efforts at encouraging members of minority communities to join the CBA and assume leadership roles began in earnest in the 1970s. John Rose, the first African American to have been named partner in a major Connecticut law firm, chaired the Human Rights and Responsibilities Committee in the early part of the decade. The committee was charged, among other things, with involving African Americans and other minorities in the CBA. After the Human Rights Committee changed its focus to the human rights of all people, minority inclusiveness issues became the province of the Committee to Attract and Promote Minorities Participation in the Profession, which was established in This committee morphed into the Minority Affairs Committee and then to our present Diversity Committee. Though we have had women and lawyers from the LGBT legal community as presidents, we have yet to elect a member of a minority community to lead the organization. 2 Connecticut Lawyer March 2015 Visit

5 The most recent national statistics I can find show that African Americans comprise 4.8 percent of the bar, Hispanics 3.7 percent, and South Asians and Pacific Islanders 3.4 percent. Minority students comprise approximately 25 percent of law school classes. Minority lawyers are better represented in law schools and in the bar than in our membership. Extrapolating from the limited data we have, my rough estimate is that we have fewer than three percent each of African American and Hispanic members, fewer than two percent South Asians, and even fewer Asians and other minorities. (The exact numbers are hard to track because it was not until 2014 that we even asked members to self-identify racial identity and we still have incomplete numbers.) CBA s Relationships with Diversity Bars There are four diversity bars in Connecticut. The Greater Hartford Black Law Society was formed in 1977 to serve the needs of African American lawyers and law students. This became today s George W. Crawford Black Bar Association. In 1993, the Connecticut Hispanic Bar Association was formed, followed by the Connecticut Asian Pacific American Bar Association in 2000 and the South Asian Bar Association of Connecticut in These four organizations are vibrant and growing, hosting events every year that celebrate the accomplishments of their members and others from their communities. A few years ago, in an effort to increase involvement of minority bar members in our membership and leadership, our constitution was amended to create seats in the House of Delegates for representatives from affinity bars. The requirements include that the organization have a minimum number of members and that at least half its members also be CBA members. For a period of time, dues for members of the diversity bars were discounted. While the affinity program brought some new faces to the House, it really has not attracted new membership in the CBA. Discussions that have recently begun at the leadership level about diversity and inclusiveness and how the CBA can and must change to reflect the growing di- verse nature of the bar. Prior to becoming president, acting upon a suggestion from the past chairs of the Diversity Committee, I put together a group that included lawyers from the four diversity bars and our own LGBT Section. Their advice, counsel, and guidance have been invaluable to me in navigating some of the challenging issues I have faced since. This past year, the officers have attended meetings and social events of the diversity bars and met with their leaders. We are exploring ways to partner with them on events, ways in which we can offer them institutional support, whether it be in promoting legislative initiatives or cosponsoring CLE or other learning opportunities, and ways we can work together to improve involvement of minority lawyers in the CBA. As the four diversity bars are statewide in reach, a partnership of equals seems an appropriate relationship between our organization and theirs. Looking to the Future Some may ask why we bother. If lawyers from diverse communities don t or won t join the CBA, why should we care? I submit that if the CBA is to remain relevant to the professional lives of lawyers, if we are to attract the next generation of lawyers, we need to reach out to those too long underrepresented. Our history of inclusiveness shows effort, but the results reveal a long way to go. It took us over a century to elect our first woman president and in almost a century and a half, we still have not had a president from a minority community other than LGBT. Our leadership track, both at the section and committee level and with regard to the officer ranks, can be long and winding. Lawyers from diverse communities and young lawyers moving from the YLS to sections or committees in the senior bar often report a cool reception. When appointing members to committees, recognizing achievements, or selecting members to give CLE or engage in other profile-enhancing activities, we tend to draw from a pool of familiars. To some, this is nothing more than requiring that new members pay their dues before they can move up. Unfortunately, to others it may signal that we are a group that does not value diversity. When discussing these issues with members, I have occasionally been taken to task when I suggest that some may feel left out of the process. They point out that the LGBT Section chose to join the CBA instead of one of the other national bars and has become a vibrant and important voice in CBA leadership. Others point out that the Young Lawyers Section is much more diverse that the senior bar. Fair enough. I just wish we could transfer what they have accomplished to the rest of our organization. Studies have shown that when people and organizations begin to discuss these issues, things change. Simply talking about diversity before taking the Implicit Bias Test can result in measurable changes in performance. Students of cognitive bias understand this phenomenon; the science behind it is pretty well established. In speaking of the Montgomery Council, which promoted interracial communication in Alabama in the 1950s, Martin Luther King said, Men often hate each other because they fear each other; they fear each other because they don t know each other; they don t know each other because they can not communicate; they can not communicate because they are separated. Ending separation might be the first step towards moving the CBA to the point where we represent, both in membership and leadership, the diversity and inclusiveness which makes the bar strong and a force for positive change. As I write this, I have on my desk the report of the Nominating Committee concerning the slate of officers for the upcoming bar year. It is as diverse and draws from as many different communities as I could have hoped for. I know all of the candidates and all of them have shared with me their dedication to helping the CBA move ahead in the areas of diversity and inclusiveness. Our incoming President, BiIl Clendenen, and Presidentelect Monte Frank have vowed to make this an important issue in their presidential years. As I prepare to turn over the leadership of the CBA to the new team, I truly believe that we will soon turn the corner on this important issue. CL Connecticut Lawyer March

6 CBA UPCOMING EVENTS CALENDAR April* 8 Paralegals Section Meeting 6:30 CBA Law Center in New Britain Workers Compensation Executive Committee Meeting 5:30 Chuck s Steak House in Rocky Hill Young Lawyers Section Executive Committee Meeting 6:30 CBA Law Center in New Britain 13 Civics Education Committee Meeting 6:00 CBA Law Center in New Britain Estates and Probate Section Meeting 6:00 Quinnipiack Club in New Haven 14 Business Law Section Meeting 6:00 Quinnipiack Club in New Haven Family Law Section Meeting 6:00 Testo s in Bridgeport 15 Professional Ethics Committee Meeting LGBT Section Meeting 6:00 Max Downtown in Hartford 16 Celebrate with the Stars 5:30 Oakdale Theater in Wallingford 20 Commercial Law and Bankruptcy Section Portrait Unveiling: The Honorable Albert S. Dabrowsi 3:30 Hartford Downtown Marriott in Hartford 21 CLE: Immigration Law for Defense Attorneys 6:00 CBA Law Center in New Britain Elder Law Section Meeting 6:00 Graduate Club in New Haven YLS Annual Legislative Breakfast 8:00 State Legislative Office Building in Hartford Commercial Finance Section Meeting 6:00 Quinnipiack Club in New Haven Construction Law Section Executive Committee Meeting 6:00 Inn at Middletown in Middletown Federal Practice Section Meeting 6:00 Richard C. Lee United States Courthouse in New Haven 23 Real Property Section Meeting 6:00 The Farms Country Club in Wallingford CLE: Victim s Rights Advocates Training 9:00 CBA Law Center in New Britain Board of Governors Meeting 6:00 La Boca in Middletown Pro Bono Committee Meeting 6:00 CBA Law Center in New Britain 30 Insurance Law Section and Young Lawyers Section Networking Event 5:30 Two Roads Brewing Co in Stratford LGBT Section Meeting 6:00 Max Downtown in Harford May* 4 CBA Law Day Ceremony 10:00 Appellate Court in Hartford Estates and Probate Section Executive Committee Meeting 6:00 Quinnipiack Club in New Haven 8 CLE: The Essentials of Real Estate Closings 9:00 CBA Law Center in New Britain 12 Business Law Section Meeting 6:00 Quinnipiack Club in New Haven Family Law Section Judges Meeting 6:00 Milford Yacht Club in Milford 13 Paralegals Section Meeting 6:30 CBA Law Center in New Britain 14 YLS Women s Golf Event 9:00 Lyman Orchards in Middlefield 16 CLE: Workers Compensation Exotic Seminar Chatham Bars Inn in Chatham, MA 18 Board of Governors Meeting 6:00 CBA Law Center in New Britain 19 Elder Law Section Meeting 6:00 Graduate Club in New Haven 20 Professional Ethics Committee Meeting 6:00 Quinnipiack Club in New Haven Federal Practice Section Executive Committee Meeting 6:00 Quinnipiack Club in New Haven 21 Real Property Section Meeting 6:00 The Farms Country Club in Wallingford 25 Memorial Day CBA Law Center is Closed For more information or to register, visit calendar. You may also call (860) to register. * This listing is subject to change. Visit calendar for the most up-to-date events schedule. 4 Connecticut Lawyer Lawyer March December /January 2015 Visit Visit

7 A Message FROM THE Executive Director Your Opportunity to Make a Difference! Douglas S. Brown is the executive director of the Connecticut Bar Association. Prior to his time at the CBA, Attorney Brown practiced law with Tyler Cooper & Alcorn; served as in-house counsel and then as a business executive with a global logistics company; and most recently served as a consultant and executive coach. He continues to teach strategy, leadership, and innovation at The Malcolm Baldrige School of Business at Post University. In our last issue, I wrote about the power of our community through our sections and committees. This month I share the host of ways that you can become engaged and make a difference in the lives of our members, the public, and advance your professional life. Become a member of the House of Delegates. The House meets four times a year and is our primary policymaking body. It makes the major decisions about where we are going as an association and approves our legislative positions. It also appoints representatives to the Board of Governors. To learn more about how to become involved in the House, visit www. ctbar.org/hodnomination. Ask to be on a Section Executive Committee. These committees set the direction of a section and produce the group s events and activities. Let your section chair know that you would like to be on the executive committee and how you would like to get involved. Visit www. ctbar.org/sections for a complete list of sections, which link to chair contact information. Request an appointment to a committee. We have a host of special committees and task forces each year, and our leadership is actively seeking members who are ready to contribute. You can learn more about Committees and express your interest at committeeselectionrequest. Write an article for Connecticut Lawyer magazine. The CBA s member magazine is your direct line to the organization s happenings and contributes to your professional growth with articles featuring important legislative changes, court decisions, substantive topics, practice tips and tools, and other legal topics. Get involved by suggesting article topics in your area of interest, submit announcements to peers and cheers or News and Events, or expand your reach by writing an article in your area of practice. To submit an article or topic and to view editorial guidelines and deadlines, visit www. ctbar.org/ctlawyer. Prepare a scholarly work for the Connecticut Bar Journal. The CBA s quarterly periodical features articles on numerous legal topics, including surveys and book reviews, and serves as an important Connecticut legal research resource. If you are interested in getting published in a scholarly publication, consider contributing an article. For more information, visit Offer to organize a program or activity. We are a member driven organization. If you have an idea that would have value to our community, then bring it to the leadership of the relevant section and committee. They are always looking for good ideas and it is a way to advance your career. Offer to speak or present at an education program. We often seek subject matter experts to speak at our education programs. If you are an experienced presenter or public speaker, we invite you to provide your information as part of our new speakers bank at Speaker. Volunteer to help others in one of our pro bono programs. Our members have a proud tradition of pro bono service. To find an opportunity that interests you, visit Tell us how we can improve. We are committed to continuous improvement and we want to know how we can be of the most value to you. As always, you are invited to offer your thoughts and suggestions directly to me at dbrown@ctbar.org. Onward! Doug CL Connecticut Lawyer March

8 Connecticut Bar Association News & Peer and Cheers Adam S. Mocciolo Pullman & Comley LLC is pleased to announce Adam S. Mocciolo has joined the firm. His practice will focus in both the firm s Litigation Department and its Labor, Employment Law, and Employee Benefits Department. In particular, he litigates sophisticated, high value commercial lawsuits, handles intellectual property matters, provides full-spectrum employment law counseling and advocacy to employers, and heads the firm s business immigration practice. Day Pitney LLP is pleased to announce that Susan R. Huntington has joined the firm as counsel in the firm s Hartford office. She has over 25 years of clinical, business management, insurance, risk management, and legal experience with distinctive experience in bringing health care providers together in accountable care organizations (ACO) and clinical integration networks. Events Cheryl L. Novak Don Philips Moss & Barnett is pleased to announce that Cheryl L. Novak has joined the firm s real estate and banking and commercial transactions teams. She will represent lenders who originate and sell multifamily loans to Freddie Mac. The Connecticut Bar Foundation is pleased to announce that Don Philips has been selected as its new executive director, replacing Sandy Klebanoff, who will retire in May 2015 after more than 20 years of service. Attorney Philips has over 26 years of experience in law, nonprofit membership organizations, government relations, and public service. CL CONNECTICUT CHAPTER Check preferred mediation dates or schedule appointments online with the state s top-rated civil trial mediators & arbitrators - for free. This free Bar service funded by local members of NADN - see Attorney General George Jepsen Shares Career Tips at CBA-YLS Event The ongoing series presented by the CBA- YLS Litigation Committee, What I Wish I Knew as a Young Litigator That I Know Now, allows young attorneys to hear prominent knowledgeable speakers offer informal insights into the practice of law, with a particular emphasis on litigation, presented in an informal networking reception setting. Attorney General George Jepsen acted as the latest speaker in the series, and covered a range of topics in his remarks, from his time in law school to his more recent accomplishments as the head of a 200-attorney agency. He also met with many of the dozens of attendees both before and after his remarks. Previous speakers have included Chief Justice Chase Rogers, Michael Stratton, and Norm Pattis. CL 6 Connecticut Lawyer March 2015 Visit

9 2015 Ladder Award Presented by CBA Women in the Law Section and Young Lawyers Section The Connecticut Bar Association (CBA) Women in the Law Section in association with the Young Lawyers Section presented Diane W. Whitney, Environmental Law Department Chair at Pullman & Comley LLC in Hartford, (L to R) CBA-YLS Women in the Law Committee Co-chairs Tamar Bakhbava, Jessica Rivera, and Suphi Philip with 2015 Ladder Award with the 2015 Ladder recipient Diane W. Whitney and Women in the Award at the annual Law Section Chair Alaine C. Doolan. Pathways to Leadership for Women in the Law event on March 12 at the Inn at Middletown. Day Pitney LLP generously supported the event as presenting sponsor. Since 2007, the Ladder Award honors a female attorney in Connecticut who has demonstrated exceptional leadership affecting women. The award recipient reflects outstanding contributions to women s leadership development in terms of impact, sustainability, comprehensiveness, distinguished excellence, and leadership empowerment, particularly in mentoring junior female attorneys. In Memoriam Everett Fisher, of Greenwich, passed away at the age of 94 on January 5. He attended Yale University for his undergraduate and law degrees and served in the Navy during WWII. Attorney Fisher continued his practice of law up until a few weeks prior to his death. He was a longtime trustee of many organizations, particularly The First Tee of Connecticut, USSGA Memorial Scholarship Fund, Round Hill Scholarship Fund, and Boys and Girls Club of Greenwich. Attorney Fisher also served on the board of International College in Beirut, Lebanon; as president of Round Hill Club; and as chair of the Greenwich Board of Estimate and Taxation. He was a long-time member of the CBA Estates and Probate and Tax Sections. John R. FitzGerald, of Manchester, passed away on February 24 at the age of 87. He enlisted in the Army and, after he attended Officer Candidate School, he served in Korea (discharged in 1947). Attorney Fitzgerald went on to graduate from the University of Connecticut for his undergraduate and law degrees. He joined the Hartford law firm Davis Lee Howard and Wright, which later became Howard Kohn Sprague and FitzGerald upon his partnership. He actively practiced law for 48 years, mainly as trial counsel to a dozen major insurance companies, The Hartford County Medical Association, Southern New England Telephone Company, and United Aircraft Corporation, among others. Additionally, he served as prosecuting attorney for the Manchester Town Court. For 34 years, Attorney Fitzgerald shared his legal expertise as an adjunct professor at Attorney Whitney was nominated by her colleagues for her service as immediate past chair of Pullman & Comley s Women s Leadership Initiative, specifically, for the development and implementation of women s leadership programs both within the firm and the greater community. She was also recognized for her contribution to the firm s culture, namely her mentoring, which has been described as both important and meaningful to the firm s women attorneys. Attorney Whitney has guided associates on issues such as work-life balance, confidence building, legal instruction, and networking. I m very honored to be receiving this award Whitney said. I know the image for the Ladder Award is that the recipient is on a ladder, helping to pull people up, but I like to think that instead, I m holding the ladder steady for smart, creative, hardworking, resourceful, women to climb up as far as they d like to go. In addition to the presentation of the Ladder Award, the 2015 Pathways to Leadership for Women in the Law event also included an overview of the Best Practices for Gender Equity Pledge, including recognition of those law firms who have taken the pledge, and a keynote address from Fran Pastore, President and CEO of the Women s Business Development Council. To access a copy of the pledge, visit CL UConn Law School. He also co-authored two books: Connecticut Law of Torts and Connecticut Trial Practice. Attorney Fitzgerald was very active in his community by serving on various commissions and boards. Additionally, he was a member of the American Bar Association, the Connecticut Bar Association, and past President of both the Hartford Bar Association and the Manchester Bar Association. The Hon. Angelo G. Santaniello, of Stonington, passed away at the age of 90 on March 1. He was a retired senior associate justice of the Connecticut Supreme Court. He received his undergraduate degree from the College of the Holy Cross (1946) and his law degree from Georgetown University School of Law (1950) as well as served in the U.S. Navy during World War II. In September 1950, he started his own law practice, and in 1953, he invited the late C. Robert Satti to form Santaniello & Satti. He was appointed as a circuit court judge in 1966 and judge of common pleas in 1971; he was elevated to a superior court judge in Hon. Santaniello served as the chief administrative judge of civil and the administrative judge of the New London Judicial District from 1978 to In 1985, he was appointed as a Connecticut Supreme Court Justice where he served until he stepped down in 1987 to become a senior associate justice until he reached the mandatory retirement age in 1994 and became a state judge trial referee until CL Connecticut Lawyer March

10 ETHICS OPINION Lawyer May Not Properly Condition Settlement of a Civil Matter on Agreement Not to Report Professional Misconduct Informal Opinion Formal and informal opinions are drafted by the Committee on Professional Ethics in response to inquiries from CBA members. For instructions on how to seek an informal opinion and to read the most recent informal opinions, see the CBA webpage for the Committee on Professional Ethics at EthicsCommittee. CBA members may also research and review formal and informal opinions in Casemaker. You have presented the following facts concerning your representation of a client in a civil matter: You instituted a civil action in superior court against an attorney and his professional corporation on behalf of a former client of the attorney. The civil action sought money damages because of an alleged improper fee splitting arrangement in personal injury cases that the attorney referred to other counsel for disposition. You alleged in the civil complaint that the acts or omissions of the defendant attorney constituted not only civil wrongs but, arguably, breaches of professional responsibility. In a similar case you had brought against the same defendant attorney, on behalf of another former client of that attorney, the lawyer s defense counsel required a confidentiality agreement and an agreement not to bring a grievance proceeding as part of the settlement terms of the earlier action. In the current case, as part of an overall settlement proposal you initiated, you offered not to bring professional discipline against the attorney and to keep the terms of the settlement confidential. You have asked for an opinion on the applicability of Rule 3.4(7) of the Rules of Professional Conduct, but Rule 8.3 addresses the situation more precisely. Rule 8.3(a) provides, in pertinent part, that a lawyer may not condition settlement of a civil dispute involving allegations of impropriety on the part of a lawyer on an agreement that the subject misconduct not be reported to the appropriate disciplinary authority. In Informal Opinion 97-13, the Committee responded to a similar inquiry concerning the propriety of an agreement not to file a grievance. There, Attorney B drafted a settlement agreement that included a provision that Attorney B s client would not grieve Attorney A (Attorney B s client was a former client of Attorney A and had threatened to grieve Attorney A). The Committee concluded as follows: The rules and the cases and opinions indicate that the result does not depend on whether the agreement to forego an ethics complaint was required by Lawyer A or was proffered by Lawyer B. Such a distinction does not appear to be warranted, especially in view of the second sentence in Rule 8.3(a), which provides a lawyer may not condition settlement of a civil dispute involving allegations of improprieties on the part of a lawyer on an agreement that the subject misconduct not be reported to the appropriate disciplinary authority. Nor is there any indication that there would be a different result if Lawyer A is convinced that the threatened griev- ance is invalid, frivolous, harassing or otherwise unjustified. An exception to the general rule based upon the respondent attorney s opinion of the validity of a threatened grievance would eviscerate the therapeutic goal of the grievance procedure. The prohibition on non-reporting provisions in settlement agreements is consistent with another directive of Rule 8.3(a): A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate disciplinary authority. A lawyer with a sufficient knowledge of professional misconduct to initiate a civil action implicating another lawyer s honesty, fitness or trustworthiness may well have sufficient knowledge to trigger his or her obligation under Rule 8.3(a) to inform the appropriate professional authority of that misconduct. If the reporting obligation under Rule 8.3(a) is triggered, the attorney cannot ethically propose that as part of the settlement he or she will agree not to report the misconduct. 8 Connecticut Lawyer March 2015 Visit

11 The Comment to Rule 8.3 provides that [a] measure of judgment is required in complying with the provisions of this Rule. For instance, a lawyer may properly elect not to report misconduct if doing so would require unauthorized disclosure of information protected by Rule 1.6, or if the lawyer learns of the misconduct only through hearsay and without direct evidence. Similarly, not every violation of the Rules of Professional Conduct is subject to the reporting obligation of Rule 8.3(a), only those violations raising a substantial question as to that lawyer s honesty, trustworthiness or fitness as a lawyer in other respects. While the non-reporting settlement term you propose violates Rule 8.3(a), it is not a violation of Rule 3.4(7). That Rule provides that A lawyer shall not: (7) Present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter. We understand that an offer not to file a grievance complaint if a civil case is settled could be viewed as an implied threat to do so if the case is not settled. But Rule 3.4(7) is not applicable because the prohibition of that Rule is limited to a prohibition on threatening criminal charges. If the judges of the Superior Court had intended the prohibition to reach threats of disciplinary action, they could easily have included such language. While nothing in Rule 3.4(7) suggests that it may be read more broadly than its express terms provide, a threat to initiate a grievance may implicate other Rules. As the American Bar Association s Standing Committee on Ethics and Professional Conduct concluded, [t]he Model Rules have not expressly prohibited the use of a threat of disciplinary charges to obtain an advantage in a civil case, but a lawyer considering such a threat must comply with the Model Rules intended to protect the integrity of the judicial process and the disciplinary process, and with the criminal law. ABA Standing Committee on Ethics and Professional Conduct, Formal Opinion (referencing Rules 3.1, 4.1, 4.4, and law of criminal extortion). CL Top Three Reasons to Support The Edwin Archer Randolph Diversity Awards Ceremony 1. The Honoree is a Demonstrated Community Trailblazer 2. Multifaceted Networking Opportunity Unlike Any Other 3. Diversity Improves and Strengthens Business All Welcome: May 20, 2015, 5:30 p.m. Pratt & Whitney Hanger/ Museum, East Hartford For nomination and sponsorship information, please contact Kai Davis at kdavis@lcdiversity.com IT Outsourcing for a flat monthly fee Experience supporting legal practice / time & billing software Unlimited access to our fully staffed help desk Cloud Hosting / Management Office 365 Migrations / Management Backup, Disaster Recovery & Business Continuity Solutions VoIP / Telephony Solutions Serving Attorney Offices in Conncecticut (860) Connecticut Lawyer March

12 ETHICS OPINION Signing Unenforceable Home Improvement Contract Informal Opinion cally sign such a contract. The Preamble to the Rules of Professional Conduct provides that A lawyer s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer s business and personal affairs. Preamble: A Lawyer s Responsibilities. Rule 8.4(3) provides that [i]t is professional misconduct for a lawyer to [e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation. Every contract includes an implied covenant of good faith and fair dealing, and signing carries an implication that the signer intends to enter into a binding agreement with the other party. Signing a contract that you know to be invalid and unenforceable under the HIA involves some element of deceit and/or misrepresentation if you intend to preserve that defense for use in the event of a contrac- You are an attorney who intends to put an addition on your home. The home improvement contractor of your choice presented you with a contract that you know is not in compliance with the Connecticut Home Improvement Act C.G.S et. Seq. (hereinafter HIA). You are aware that the HIA provides that a contract not in compliance with the Act is invalid and unenforceable against an owner. C.G.S (a). See also Liljendahl Bros. v. Grigsby, 215 Conn. 345 (1990). Since you are aware of the non-compliance of the proposed contract at the outset any later attempt by you to invalidate the contract for failure to comply with the HIA would be in bad faith and unsuccessful, assuming the contractor could prove your prior knowledge, under the bad faith exception recognized in Habetz v. Condon, 224 Conn. 501, 505 (1992). You have requested an opinion on whether you can ethitual dispute in the future. If, however, there is no intent to deceive or to use the knowledge of non-conformity to take unfair advantage, and you, in fact, intend to waive any such defense as the HIA offers if circumstances change, then signing such a contract would not involve dishonesty, fraud, deceit or misrepresentation within the meaning of Rule 8.4(3). It is therefore the committee s opinion that signing a home improvement contract with knowledge that the contract fails to conform to the HIA is not permissible unless you have no intent to claim that the failure to conform renders the contract unenforceable in the event of any contractual disputes in the future. While not ethically required, you might consider approaching your contractor to point out that the contract is inconsistent with the HIA s requirements. CL LAWYERS CONCERNED FOR LAWYERS CONNECTICUT, INC. If you have ever thought what a relief it would be to talk frankly with a person who is sensitive to problems like yours If you want support to stop using alcohol or other drugs If you have ever been concerned about someone else s alcohol or drug use Use the LCL HOTLINE today leave your first name and telephone number. Expect a call back peer support will be made available to you. It s FREE and CONFIDENTIAL. HOTLINE: We Sue Lawyers. We Sue Nursing Homes. We Sue Dentists. We Sue Accountants. Times have changed...we ve changed with the times. Put our experience to work for you and your clients. Bruce H. Stanger, Esq. Bruce H. Stanger (860) STANGER bstanger@stangerlaw.com 10 Connecticut Lawyer March 2015 Visit

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14 The Annual Connecticut Bar Association Awards Celebration Gold Sponsor: Silver Sponsors: The Connecticut Bar Association s traditional awards will be presented at the second annual Celebrate with the Stars, awards celebration on Thursday, April 16 at the Oakdale Theatre in Wallingford. Members, professionals, and supporters will mix and mingle with their peers in a lively event setting while we honor the stars of our legal community who shine the brightest. Last year s inaugural event was a sold-out success with over 300 in attendance. This year s special celebratory evening has been enhanced with a larger venue, additional awards, and live entertainment. Contribution Distinguished Public Service Award Carlton L. Highsmith Criteria for Award: Current or former Connecticut resident or other significant and meaningful relationship to Connecticut Usually non-lawyer Distinguished self in his or her profession Made significant contribution to society. This contribution should be in addition to or outside of a candidate s area of endeavor. Mandatory that recipient attends the Annual Dinner of Connecticut Bar Association to accept award Carlton L. Highsmith, corporate executive turned entrepreneur, founded Specialized Packaging Group, Inc. (SPG) in 1983, which eventually merged with PaperWorks Industries to form SPG PaperWorks Inc. By 2009, the compnay was recognized as the largest minority-owned firm in the State of Connecticut. He served as vice chairman of the board until his retirement in March Since his retirement, Mr. Highsmith has served the community in many ways. In 2011, Governor Malloy appointed him to the Connecticut Employment & Training Commission (CETC), whose Career Advancement Committee he currently chairs. He was a founding member and chairman of the board of directors of the I Have A Dream Foundation in New Haven as well as a chairman of the board of the Promising Scholars Fund (which awards annual college scholarships to outstanding African American students in the New Haven area) and the Finance Board of Dixwell Avenue Congregational Church (the oldest formally recognized African American church in America). Additionally, he has served as director of achievement at Yale-New Haven Health Services Corporation, director of the Amistad Academy Charter School in New Haven, Trustee of Yale- New Haven Hospital Inc., and Trustee of Quinnipiac University. He is also on the Federal Reserve Bank of Boston Community Development Advisory Council of New England. He has played a major role in the development of Connecticut Center for Arts and Technology (ConnCAT) at Science Park in New Haven and currently serves as chairman of the board. ConnCAT provides market relevant and career-focused technical skills training, career counseling, life skills coaching, and job placement services to underemployed and unemployed adults in the New Haven area and multimedia arts education to underachieving youth from low income families. He has received many national awards and honors, including the Manufacturer of the Year Award from the United States Department of Commerce MBDA. Additionally, he has received countless state and regional honors, including his induction into the Quinnipiac University School of Business Hall of Fame and was awarded the Martin Luther King Humanitarian Award from the State of Connecticut Equal Rights Commission. 12 Connecticut Lawyer March 2015er 2014 Visit

15 Inspiration Citizen of the Law Award Henri Alexandre, Acting Corporation Counsel, City of Hartford Criteria for Award: Member of the Connecticut Bar Association A judge, attorney, or paralegal who has made a significant contribution to a charitable or public service cause that does not involve professional legal skills, but provides inspiration and contributes to the needy, the good of society, the environment, or our way of life These activities have been undertaken on a non-professional, charitable basis with little or no personal economic reward, and some personal sacrifice Henri Alexandre is the acting corporation counsel for the City of Hartford. He has over 30 years of experience providing legal representation to various state agencies and has tried numerous cases in state and federal courts, has argued many appeals in the Connecticut Supreme and Appellate Courts as well as the United States Court of Appeals for the Second Circuit, and has extensive experience managing the Public Safety Department of the Office of the Attorney General. Attorney Alexandre began his legal career as an administrative assistant in the Judicial Department and eventually became a law clerk for various Connecticut courts until 1984 when he was hired as an assistant attorney general. He rose up in this position until 2001 when he became the assistant attorney general department head. In his more than 25 years working at the Office of the Attorney General, Attorney Alexandre has litigated issues and supervised investigations in some of the most significant cases in Connecticut s recent history. His work at the Office of the Attorney General has had a great impact on policies at the highest levels of state government. In 2009, he became a partner at Crumbie Law Group LLC in Hartford and in 2012 he served as the Director of Legal Affairs at the Department of Emergency Services and Public Protection. He has maintained involvement in many organizations in the legal community and beyond, including the Connecticut Haitian-American Organization Board of Directors (since 2002), Norwich Ministries Outreach to Haiti Board of Directors ( ), Community Health Center Board of Directors ( ), and served as chairman of the City of Hartford Human Relations Commission ( ). Additionally, since 2005, he has been a guest lecturer at the University of Hartford in Haitian history, culture, and current events. Integrity Henry J. Naruk Judiciary Award The Honorable Janet Bond Arterton, United States District Judge for the District of Connecticut Criteria for Award: Member of Connecticut Judiciary federal or state court Epitomizes long-term, dedicated, conscientious service to the community in a judicial Role Demonstrates integrity Hard-working judge who labors long at duties Selfless in approach to demand of position Recognized legal ability of highest quality The Honorable Janet Bond Arterton is a United States District Judge for the District of Connecticut. She was nominated by President Clinton, confirmed by the U.S. Senate, and entered on duty May 15, Judge Arterton has sat by designation with the United States Courts of Appeals for the Second Circuit, Federal Circuit, and the Armed Forces. Currently, she chairs the District Court s Committee on Jury Utilization and has presided in the Support Court in New Haven since 2010 for post-incarceration and pretrial offenders with drug and alcohol addictions. She is a member of the Committee of the Proprietors of the Common and Undivided Lands of New Haven, which holds the New Haven Green in trust for the benefit of the people of New Haven. She began her legal career in 1978 at the former Garrison & Arterton PC, where she focused her practice on labor and employment law in federal and state courts, until she took the bench in While in private practice, she also served as a Connecticut Superior Court Attorney Trial Referee and a Special Master in Federal District Court. Additionally, Judge Arterton was a law clerk for Hon. Herbert J. Stern, U.S. District Court for the District of New Jersey. She also taught trial practice at Yale Law School. From 2002 to 2008, Judge Arterton served on the United States Judicial Conference Committee on International Judicial Relations and continues her participation in international judicial education programs. Judge Arterton has been a continuing education lecturer, and has authored or contributed to numerous publications, with articles including Unconscious Bias and the Impartial Jury ; Alternative Dispute Resolution in the District of Connecticut from Mediation Practice Book: Critical Tools, Techniques and Forms; Disability Discrimination in the Workplace; Jury Trials Under Title VII of the Civil Rights Act of 1964 ; and Employment Discrimination Claims In State Court: A Laboratory For Experimentation. She is a former chair of the CBA s Federal Practice Section. Connecticut Lawyer March

16 Commitment John Eldred Shields Distinguished Professional Service Award Louis R. Pepe, McElroy Deutsch Mulvaney & Carpenter LLP Criteria for Award: Member of the Connecticut Bar Association Performed outstanding service through or on behalf of the Connecticut Bar Association Such service to have benefitted members of the Connecticut Bar Association, the legal profession, or the community at large, and should cover a period of years and not be a single or isolated activity Louis R. Pepe is a partner at McElroy Deutsch Mulvaney & Carpenter LLP where he focuses his practice on business torts, contract disputes, and construction contract cases. He co-founded Pepe & Hazard in 1983, which grew to become one of the leading construction law firms in the Northeast. In 2010, he coordinated the merger of the Pepe & Hazard firm with McElroy Deutsch Mulvaney & Carpenter. Attorney Pepe has taught arbitration courses at the University of Connecticut School of Law, trial practice seminars for the members of the Connecticut Bar Association, and presented seminars throughout the nation in matters involving business and construction litigation. An active member of the CBA, he has held many positions over Education Tapping Reeve Legal Educator Jon Bauer, Clinical Professor of Law University of Connecticut School of Law the years, including his role as president ( ). Currently, he is the co-chair of the Professionalism and CLE Committee and is a member of the Fair and Impartial Courts and Lawyer-to-Lawyer Dispute Resolution Committees as well as the Construction Law, Federal Practice, and Litigation Sections. Over the past five years in his leadership of the Professionalism and Continuing Legal Education Committee, he has been a mainstay in developing and advocating the annual Bench Bar Symposium on Professionalism, which has facilitated an open discussion about ways in which the administration of justice and the rule of law can be better implemented throughout our state. Through his leadership, the CBA has collaborated with local bar associations to establish and promote mentoring programs through which experienced lawyers serve as guides with respect to questions and challenges that the practice of law presents to new members of the bar. Additionally, he has dedicated himself to helping the community through pro bono work, most recently through his service as counsel to the Sandy Hook Advisory Commission. Criteria for Award: Member of the CBA who has contributed greatly to the legal education of his or her colleagues, as a member of the faculty; a clinical instructor; or an adjunct instructor at UConn Law School, Quinnipiac Law School, Yale Law School, or Western New England Law School Must have a minimum of ten years of teaching experience at one or more of the four schools listed, or at least ten years as an attorney admitted to the Connecticut Bar Demonstrated a sustained commitment and made significant contributions to the cause of legal education over a period of years and not be a single or isolated activity Distinguished himself or herself as a legal educator of the highest quality as a teacher, scholarly writer, or both Professor Jon Bauer is a clinical professor of law and Richard D. Tulisano 69 Scholar in Human Rights at the University of Connecticut School of Law. He began his higher education with a BA from Cornell University (1981) and received his JD from Yale Law School (1984). In 1988, Professor Bauer joined the UConn Law School faculty where he has taught numerous clinical and non-clinical courses in the areas of poverty law, civil rights, human rights, employment law, and mediation. In 2002, he co-founded and serves as director for the Asylum and Human Rights Clinic at UConn Law School, a clinical program in which law students, supervised by clinic faculty, represent refugees seeking asylum in the U.S. Since its founding, the program has won grants of asylum or related forms of relief for more than 100 clients and has litigated cases establishing important precedents that have helped asylum-seekers around the country. The clinic was presented with the Connecticut Immigrant and Refugee Coalition s Myra Oliver Award in 2012 for its outstanding work on behalf of Connecticut s immigrant community. He has written many scholarly legal pieces, including a study about discrimination against people with disabilities in the bar admissions process, an article about the ethical implications of secret settlements, and a co-authored article on clinical pedagogy that has been included in the Clinical Legal Education Association s bibliography of basic reading for new clinical teachers. Professor Bauer has been involved with a number of UConn Law School groups, including the Gladstein Committee, the governing board of the Human Rights Institute; the Committee on the Use of Human Subjects in Research; and served as the director of the Civil Clinical Programs. He is a founding member of the CBA Immigration Law Committee and has served on the executive committee of the Human Rights and Responsibilities Section. 14 Connecticut Lawyer March 2015 Visit

17 Service Citizen for the Law Award Carolyn Golden Hebsgaard, Lawyers Collaborative for Diversity Criteria for Award: A person who is not employed in the legal area Significant contribution to the institution of justice and the law on a voluntary basis Activities undertaken to advance the law for purely beneficial reasons, with little or no personal reward, and some personal sacrifice Carolyn Golden Hebsgaard is a consultant, retained for more than 21 years as the executive director of the Boston Lawyers Group, a consortium of more than 50 major law firms, government agencies, and corporations. For more than 11 years, she has been retained to serve as the executive director of the Lawyers Collaborative for Diversity, Inc. in Connecticut where she supports their efforts to identify, recruit, advance, and retain attorneys of color. The Lawyers Group Collaborative Consortium model is recognized nationally as one of the most innovative approaches to advancing diversity in the legal profession. She is often called on as a trainer, speaker, and executive coach on issues of access and equity for people of color. As Director of Opportunity in Boston (OIB), she spearheaded a work force diversity movement that supported 38 of Boston s most prestigious corporations and their efforts to create access at the managerial level for professionals of color. As founder and two-term president, the Boston Chapter of the National Coalition of 100 Black Women became an important organization to the development of African-American women and service to Boston s many communities. She was elected to the National Board of Trustees of the National Coalition of 100 Black Women and served two consecutive terms. Ms. Hebsgaard holds leadership positions in many professional associations, civic organizations, and community groups, including the Ethics and Standards Committee. She is a graduate of Delaware State University where she has been named to the president s prestigious University Steering Committee. Dynamic Young Lawyers Section Vanguard Award Emily Gianquinto, Reid and Reige PC Criteria for Award: A current or recent alum (up to three years back) of the CBA YLS Executive Committee Outstanding and Significant Contributions to the YLS and the Bar Association in general over a prolonged time period An individual who, despite not pursuing an officer position, assumed a leadership role in the YLS and whose progressive and forward thinking ideas have benefitted all CBA members Emily Gianquinto is an associate at Reid & Riege PC where she is a member of the firm s litigation practice area. Her practice focuses on commercial litigation and the resolution of general business disputes. She has experience with litigation concerning many different areas of the law, complex contractual disputes, products liability litigation, environmental litigation, disputes involving fiduciary duties of shareholders and business dissolutions, unfair trade practice claims, employment matters, trademark and copyright lawsuits, litigation arising out of fraudulent transfers, and insurance litigation. A member of the CBA-YLS Executive Committee since 2008, her leadership positions include special projects director (since 2014), diversity director ( ), CLE director ( ), pro bono director ( ), YLS Federal Practice Committee cochair ( ), and local unit chair ( ). Her extensive efforts with the YLS include involvement with the planning of the 2015 Supreme Court admission program; 2014 marriage equality symposium, Supreme Change: The Legal Landscape After Windsor ; the first CBA-YLS Pro Bono Fair for New Admittess; the CBA-YLS holiday charity drive and the Billings Forge Community Works holiday parties; and several Diversity Award Dinners. She has helped plan and organize numerous events, CLE seminars, and spearheaded the inception of the YLS social media. Beyond her contributions to the YLS, Attorney Gianquinto s CBA involvement extends to her membership in the Legislative Policy and Review Committee (since 2013) and the Connecticut Lawyer Advisory Committee (since 2012) as well as the Board of Governors (since 2014) and the House of Delegates (since 2013). She has also served as the American Bar Association s Connecticut Young Lawyer Delegate to House of Delegates. Attorney Gianquinto is a member of the Hartford County Bar Association and the Connecticut Supreme Court Historical Society. Connecticut Lawyer March

18 Devotion The Honorable Anthony V. DeMayo Pro Bono Award The Connecticut Bar Association Pro Bono Committee is pleased to announce the winners of The Anthony V. DeMayo Pro Bono Award for The awards are named in honor of The Honorable Anthony V. DeMayo, who tirelessly fought for fundamental fairness and championed the legal rights of the poor and accused. The awards recognize CBA members who volunteer for the Pro Bono Network. The recipients are selected based on their demonstrated dedication to the provision of legal services without expectation of payment to those in need. James D. Hirschfield James D. Hirschfield is a partner at Cramer & Anderson LLP in Litchfield where he has practiced in many areas of civil and criminal litigation. Attorney Hirschfield received his undergraduate degree from Central Connecticut State University (1980) and his law degree from the University of Bridgeport School of Law (1985). Soon after, he joined Cramer & Anderson and was made a partner in During his career with Cramer & Anderson, he has practiced extensively in all areas of family law, including divorce; custody and visitation; relocation with minor children; support and paternity matters in the Superior Court; and guardianship, custody, and conservator issues in the Probate Court. He is a Family Special Master in the Litchfield Superior Court and at the Regional Family Trial Docket Court in Middletown. Additionally, he is a Connecticut-certified Guardian ad litem and is often appointed to that position by the court to represent the interests of minor children in contested custody cases. Since its founding, Attorney Hirschfield has dedicated many pro bono hours to the Connecticut Veterans Legal Center (CVLC), representing indigent veterans in complex family matters ranging from custody to divorce. His outstanding volunteerism is evident by his willingness to readily accept family cases, no matter their level of difficulty, and the positive feedback received from his clients. Attorney Hirschfield exemplifies the idea that pro bono clients should be treated exactly the same as every other type of client, said Margaret Middleton, co-founder and executive director of Connecticut Veterans Legal Center. His pro bono clients get the same time, attention, care, and zealous representation as everyone else who is fortunate enough to have him as their advocate. Norman K. Janes Norman K. Janes has made a career out of public service. He began as a staff attorney with Tolland-Windham Legal Assistance, Inc. in In 1977, he began his nearly 20-year relationship with Connecticut Legal Services, Inc., (CLS), first as a task force director, then moving on to serve as executive director. In 1996, he became the executive director of Statewide Legal Services of Connecticut, Inc., a position he held for nearly a decade. He is currently president of the Windham County Bar Association and has also been a long-time member of the Connecticut Bar Association, having served in many leadership roles, including president during the bar year and interim executive director. In spite of being formally retired, Attorney Janes continues to be actively involved in pro bono work. He has represented low income children and adults in child protection proceedings and returned to CLS to volunteer in their Willimantic office working on behalf of low income elderly people with consumer issues. By the end of 2014, he had assisted over 100 matters with CLS. In addition, Attorney Janes has spearheaded The Small Claims Project, an initiative for retired lawyers that provides legal advice to self-represented litigants in small claims courts developed by the CBA Pro Bono Committee, in partnership with the State of Connecticut Judicial Branch. We enthusiastically nominated Norm for his pro bono efforts, based on his continued and passionate pursuit of justice for low income people, said Steve Eppler-Epstein, executive director of Connecticut Legal Services Inc. 16 Connecticut Lawyer March 2015 Visit

19 Elizabeth L. McMahon Elizabeth L. McMahon is the owner of the Law Offices of Elizabeth L. Mc- Mahon in Branford. Her practice is focused on drafting Qualified Domestic Relations Orders (QDROS), an order entered by family court that assigns to a spouse, former spouse, child, or other dependent the right to receive all or a portion of the benefits payable to a participant under a qualified retirement plan. Six or more times each year, Attorney McMahon is called upon to volunteer her expertise on QDROS with Connecticut Legal Services Inc. (CLS), a private, nonprofit civil law firm dedicated to helping low income families and individuals obtain justice. Her shared insight is of great value to the staff and clients as these comprehensive orders require particularly extensive knowledge and are often very time consuming. Attorney McMahon has helped many of our clients through her pro bono services by assisting CLS family attorneys to fully understand what options are available to individual clients, by providing language for those clients that result in final orders that are clear and unambiguous, and by preparing the QDROs and ultimately ensuring those QDROs are implemented, said Steve Eppler-Epstein, executive director of Connecticut Legal Services Inc. Michael Smiley Michael Smiley is a solo practitioner in West Hartford whose practice focuses on the areas of bankruptcy and finance, tax and estate planning, employee benefits and health care, corporate law, and real estate. He also devotes a significant portion of his practice to pro bono service. Attorney Smiley has been a long-time volunteer for Statewide Legal Services of Connecticut Inc. and has a history of taking cases for full representation since He is also among the first attorneys to pioneer its Call4Law program, which offers initial advice and brief legal services to low income clients. Committed to receiving at least one call per week, he focuses on bankruptcy and credit cases. In 2014 alone, he accepted and completed at least ten cases. Additionally, he offers discounted fees to needy bankruptcy clients who do not qualify for pro bono services. Attorney Smiley participated in the annual Connecticut Veteran s Stand Down Legal Clinic, and offers reduced legal fees to veterans. We are sincerely thankful for Attorney Smiley s ongoing dedication to Statewide Legal Services pro bono, our clients, and our mission, said SLS Executive Director Janice J. Chiaretto. proudly supports the Connecticut Bar Association s Celebrate with the Stars and congratulates our partner and friend Louis R. Pepe Recipient of the John Eldred Shields Distinguished Professional Service Award ONE STATE STREET, 14 TH FLOOR HARTFORD, CONNECTICUT TEL: (860) FAX: (860) NEW JERSEY NEW YORK PENNSYLVANIA CONNECTICUT MASSACHUSETTS COLORADO DELAWARE Connecticut Lawyer March

20 The Honorable Kenneth Shluger is the chair of the CBA Task Force on the Future of Legal Education and Standards of Admission. He is a judge of the Superior Court, Middlesex judicial district at Middletown. By The Honorable Kenneth Shluger Changes in the legal marketplace have caused law schools, law firms, bar associations, and governmental regulators to reconsider all aspects of legal education. For decades, law schools utilized the Socratic Method to teach law students to think like a lawyer. Thereafter, these newly admitted attorneys would be scooped up by law firms who would train and mold them into well paid and productive attorneys. But then the world changed. Small law firms stopped hiring while Biglaw began hiring fewer lawyers and often, only after they had a few years of experience. Moreover, many new lawyers are leaving law school saddled with crushing debt and faced with dismal employment prospects. They are then resorting to hanging out their own shingle with no mentor, partner, or compass to guide them. Task Force Formation and Mission In 2013, the Connecticut Bar Association created a Task Force on the Future of Legal Education and Standards of Admission for the purpose of reviewing relevant surveys and reports to develop recommendations for including more practice-centered instruction in the law school curriculum and to consider changes to the rules governing the Connecticut Bar examination. The task force was comprised of four law school deans; law school professors with oversight of their schools clinical programs; bar leaders, including past and future presidents of the CBA; leaders of the Young Lawyers Section of the CBA; a law student; members of the judiciary; members of the Bar Examining Committee; a member of the Rules Committee; Statewide 18 Connecticut Lawyer March 2015 Visit