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CMM Municipal Team Defeats Court Challenge Filed Against East End Village and its Planning Board

Posted: August 5th, 2019

CMM attorneys are diligent in obtaining a positive outcome for our clients, no matter how complicated the process. Though this case involved over 40 exhibits and numerous submissions from experts over the course of six years, our team successfully fended off a court challenge to the decision of an East End village’s Planning Board and helped the Village finally put this matter to rest.

CMM serves as the Village Attorney for the East End village involved in this matter, advising its Boards and representing it in Court. The Article 78 petition (essentially a legal challenge to the actions of an administrative agency or municipality) stemmed from a longstanding disagreement between the Village and a local homeowner. His home is built on a bluff overlooking a bay, and he was concerned about erosion destroying his home over time. The homeowner applied to construct a rock revetment at the toe of his bluff, arguing that this would stabilize the bluff and prevent erosion.

The homeowner hired experts who submitted evidence to support his argument. The Village Planning Board ultimately denied his application, noting that less destructive improvements could be implemented instead. These methods, known as “soft improvements,” included planting certain shrubs and grasses to prevent erosion. The implementation of soft improvements would have the identical effect of stabilizing the bluff and had been proven successful in adjacent properties. The Village also argued that these soft improvements would avoid the negative consequences of the rock revetment, which could accelerate erosion and in fact had done so on adjacent properties where revetments had been installed. The homeowner was not satisfied with the rejection of his application, and he filed the Article 78 challenge the Board’s decision.

CMM’s Scott Middleton and Richard DeMaio vigorously opposed the petition, arguing that the record contained substantial evidence to support the Planning Board’s denial of the homeowner’s application. The Court agreed with CMM’s cogent arguments and dismissed the petition. Due to CMM’s hard work and diligence, this protracted disagreement is finally resolved.

Learn more about our Municipal and Land Use practices.

LIBN: Workforce Training Center Plans in Motion, Stemmed from Campolo’s Leadership

Posted: August 1st, 2019

By Adina Genn

The Long Island Regional Planning Council has approved a consulting service to help plan a workforce training center at the Long Island Innovation Park at Hauppauge, which was formerly called the Hauppauge Industrial Park.

Members of the council authorized an agreement with New York-based James Lima Planning + Development, whose clients include Silicon Valley firms. JLP+D is to provide economic ad public policy advisory services for the would-be training center, whose purpose is to provide the skills that match the region’s fastest growing businesses.

The plan was announced Thursday by the HIA-LI, which spearheaded a strategic regional business initiative. Back in April, JLP+D and the Regional Plan Association, sponsored by the Suffolk IDA, produced a 160-page “opportunity analysis” that aimed to enhance the industrial park’s credentials as a “regional economic powerhouse.”

JLP+D’s research will provide a “skills gap” analysis to help shape both the future center’s curriculum, its organizational structure and its physical layout.

The group will also evaluate the best ways to unite the expertise and resources of government agencies, business organizations, and academic institutions for the training center.

“The Council has been a strong advocate in fostering an educated and trained workforce sufficient to meet the needs of a growing and evolving regional economy,” John Cameron, Jr., chairman of the Long Island Regional Planning Council and managing partner, Cameron Engineering & Associates, said in a statement.

“This facility can serve as a model for additional such centers throughout the region to facilitate economic growth island-wide,” he added. The council believes that this funding is a wise investment of taxpayer dollars to support the future growth of Long Island.”

Others gave the plan for a training center high marks.

“Supporting this center in cooperation with the HIA-LI is consistent with many of the council’s initiatives that involve collaborating with a variety of organizations,” Richard Guardino, executive director of the council, said in a statement.

“Attracting and retaining a skilled workforce is one of the primary challenges facing employers across the county,” Theresa Ward, chair of the Suffolk County Industrial Development Agency, said in a statement.

“Creation of a workforce development center in the Long Island Innovation Park at Hauppauge will position Suffolk County at the cutting edge of addressing this challenge,” she added. “It will help incubate new manufacturing companies, allow existing companies to expand more efficiently, and help build the in-demand skills for our current and future workforce.”

And the center would boost the economy, stakeholders said.

“While Long Island reaps tremendous advantages from the high educational attainment level of our overall population, we’ll only maximize our economic potential by implementing training strategies that give our most-promising industries the skilled employees they need to succeed,” Terri Alessi-Miceli, president and CEO of HIA-LI said in a statement. “Well-devised training programs deliver complementary benefits to both individual companies and to individual employees.”

“When a region is preparing for long-term economic success, one of their prime imperatives is to attract and retain knowledge workers,” Joe Campolo, board chair of HIA-LI and managing partner at Campolo Middleton & McCormick, said in a statement, “Long Island is competing with regional economies nationwide to attract and fortify a number of key industry clusters. This workforce center will function as a strategic differentiator and will help make sure our most-vital sectors can tap the talent they need from within our regional labor pool.”

Read more here.

Campolo’s Vision for Industrial Park Leads to Development of Workforce Training Center; Plans in Motion

Posted: August 1st, 2019

MOMENTUM BUILDS FOR CREATION OF REGIONAL WORKFORCE TRAINING CENTER AT
LONG ISLAND INNOVATION PARK AT HAUPPAUGE

Long Island Regional Planning Council Approves Consultant to Help Develop Facility Focused on Aligning Area’s Needed Workforce Skills with Business Expansion

As part of a strategic regional business initiative spearheaded by HIA-LI, the Long Island Regional Planning Council (LIRPC) has approved consulting services to advance development of a new workforce training center at the Long Island Innovation Park at Hauppauge, formerly known as the Hauppauge Industrial Park.

HIA-LI, widely recognized as one of Long Island’s foremost advocates for regional business growth, serves as steward of the 1,400-acre business complex that straddles the towns of Smithtown and Islip. The park’s 55,000-person workforce collectively delivers $13 billion in annual output.

At a recent meeting, LIRPC members authorized an agreement for consulting services between the Council and New York City-based James Lima Planning + Development (JLP+D) to provide economic and public policy advisory services for the proposed training center.

JLP+D, which has advised major Silicon Valley firms on building out their campuses and ecosystems, will undertake economic and demographic research setting the stage for the launch of a high-impact regional workforce center. The facility would be designed to ensure that the skills of the area’s workers match the talent needs of the region’s fastest-growing business sectors.

“The Council has been a strong advocate in fostering an educated and trained workforce sufficient to meet the needs of a growing and evolving regional economy. This facility can serve as a model for additional such centers throughout the region to facilitate economic growth Island wide. The Council believes that this funding is a wise investment of taxpayer dollars to support the future growth of Long Island,” said John D. Cameron, Jr., P.E., Chairman of the Long Island Regional Planning Council.

“Supporting this center in cooperation with the HIA-LI is consistent with many of the Council’s initiatives that involve collaborating with a variety of organizations. We look forward to creating more partnerships that help strengthen the region’s employment pipeline and meet the workforce needs of key competitive industries,” said Richard V. Guardino, Executive Director of the Long Island Regional Planning Council.

“Attracting and retaining a skilled workforce is one of the primary challenges facing employers across the county,” said Theresa Ward, Chair of the Suffolk County Industrial Development Agency (Suffolk IDA). “Creation of a workforce development center in the Long Island Innovation Park at Hauppauge will position Suffolk County at the cutting edge of addressing this challenge. It will help incubate new manufacturing companies, allow existing companies to expand more efficiently, and help build the in-demand skills for our current and future workforce.

“While Long Island reaps tremendous advantages from the high educational attainment level of our overall population, we’ll only maximize our economic potential by implementing training strategies that give our most-promising industries the skilled employees they need to succeed,” said Terri Alessi-Miceli, president and CEO of HIA-LI. “Well-devised training programs deliver complementary benefits to both individual companies and to individual employees.

“When a region is preparing for long-term economic success, one of their prime imperatives is to attract and retain knowledge workers,” said Joe Campolo, Board Chair of HIA-LI and Managing Partner at Campolo Middleton & McCormick, LLP. “Long Island is competing with regional economies nationwide to attract and fortify a number of key industry clusters. This workforce center will function as a strategic differentiator and will help make sure our most-vital sectors can tap the talent they need from within our regional labor pool.”

“This workforce training center will unite a network of successful businesses, partnerships with the public sector, community, and academia to expand and improve training, expertise, and efficiencies of the workforce on a real-time basis as the economy evolves,” commented Ed Wehrheim, Supervisor of the Town of Smithtown. “I applaud the HIA-LI and the LIRPC for going full-steam-ahead with an action plan that will build on the Long Island Innovation Park at Hauppauge’s successes.”

By examining industry categories and ecosystems, and matching them against population and demographic trends, the Lima team will look at Long Island’s talent needs through a supply-and-demand lens. Their research will deliver a “skills gap” analysis that will, in turn, shape both the future center’s curriculum, its organizational structure, and its physical layout.

In addition to the skills analysis, the consulting team will undertake a partnership audit to evaluate the best ways to bring together the expertise and resources of government agencies, business organizations, and academic institutions – and leverage their combined assets to ensure the success of the training center.

James Lima, president of the eponymous consulting firm, cited Buffalo’s Northland Workforce Training Center as a potential template for a Long Island facility. He said that the public-private initiative had created a range of training, internship, apprenticeship, and permanent job opportunities that helped local employee skill sets dovetail with local firms’ talent needs.

In April, James Lima Planning + Development and the Regional Plan Association, sponsored by the Suffolk IDA, completed a full-scale, 160-page “opportunity analysis” that set forth a strategy for enhancing the industrial park’s credentials as a regional economic powerhouse.

Execution: The Art of Getting Things Done

Posted: July 26th, 2019

Event Date: October 16th, 2019

Presented by Joe Campolo, Esq.

You can make plans, write down goals, dream big – but none of that matters if you can’t execute.

How do you close the gap between results planned and results delivered? Join us for an in-depth look at the art of execution: how to get out there every day and implement the strategies to get things done. Whether you’re looking to boost the productivity culture at your organization, start a new venture, or otherwise make an impact, this seminar will help you translate words and thoughts into action.

Based on Long Island business leader Joe Campolo’s take on Larry Bossidy and Ram Charan’s bestseller Execution, this presentation will cover:

Setting clear goals and priorities
Building blocks of execution
Follow through
Shifting the culture at your organization
Expanding capabilities
Linking people, strategy, and operations to get things done

CMM Academy has provided a linear series of events for Long Island business leaders – from advanced negotiation to Marine Corps leadership principles to the management strategies of GE’s Jack Welch. Execution is the natural progression of these lessons, because no matter what we say or what we think, what truly matters is what we do.

8:30 a.m.: Registration, networking and hot breakfast

9:00-10:00 a.m.: Presentation

Register here. Current clients are entitled to one complimentary ticket. Please email Sarah Muller (smuller@cmmllp.com).

The Long Island Innovation Park at Hauppauge: The Anchor of Long Island’s Economy

Posted: July 26th, 2019

Event Date: September 4th, 2019

The newly renamed Innovation Park at Hauppauge (formerly the Hauppauge Industrial Park) is the second largest industrial park in the nation (second only to Silicon Valley) and the anchor of Long Island’s economy. The Park has the highest concentration of tradable industry businesses on Long Island (those that bring new dollars to the region) and is the best opportunity for Island-wide economic development.

Join us to hear from Terri Alessi-Miceli, President & CEO of HIA-LI, the recognized voice for Long Island business and steward of the Park, and Joe Campolo, Managing Partner of Campolo, Middleton & McCormick and Board Chairman of HIA-LI. They’ll discuss the economic impact study that first revealed the Park’s economic power, the extraordinary results of the recent opportunity analysis, new economic strategies to facilitate business growth, efforts to strengthen training and workforce development, and the creation of partnerships among businesses, government, and institutions.

Don’t miss this opportunity to learn about HIA-LI’s industry-focused approach to economic revitalization for Long Island and how your business can get involved no matter where on the Island you’re located!

Wednesday, September 4
6:00 – 6:30 PM – Welcome & networking
6:30 – 8:00 – Presentation
Sachem Public Library
150 Holbrook Rd, Holbrook, NY 11741
Dinner will be provided in patnership with Divine Catering.
Free and open to the public, but registration is required. Click here to register.

Getting the Home (or Away) Team Advantage in Negotiation

Posted: July 24th, 2019

By: Joe Campolo, Esq. email

Tags: negotiation

You’ve heard all about the importance of preparation, knowing your BATNA, active listening, and other critical tools to maximize your chances of success in any negotiation. But negotiators often overlook a vital aspect of deal-making that could make or break their success: the location.

If you think a conference room is just a conference room, think again. Location means far more than the pictures on the wall and the wood color of the table. Whether your exchange takes place in your own office, on your adversary’s property, or at a neutral site – and even if the location isn’t ultimately up to you – you can still take steps to gain an important advantage.

THE HOME TEAM ADVANTAGE

Just as most sports teams prefer to compete on their own turf, most negotiators probably prefer to compete in their own location. As the host, a negotiator can gain control over the negotiation before it even begins.

First, the host gets to select the room in which the conversation will take place. To many, this seems like a mindless task, but to a successful negotiator, room selection and setup requires consideration. The right location depends on what you’re trying to accomplish. Will the negotiation be relaxed and friendly, or perhaps more serious and competitive? From there, you must consider the features of your room, what mood they may elicit in your opponent, and alter them if needed.

The Décor: It’s unrealistic that you’d change the décor of a room each time you have a meeting, but depending on the mood you want to set, you can choose intelligently between your conference room, your own private office, or elsewhere. To set the stage for a friendly negotiation, choose a more homey space with cupboards or bookshelves; this setup can help relax your adversary and give the impression that you’re looking for a win-win outcome. Or are you looking to show your opponent that he or she is in for a tough debate? Choose a site with an “ego wall,” complete with your awards and framed newspaper clippings. This setup not only creates a competitive, almost intimidating atmosphere, but also showcases your confidence – and appearing confident might even help you gain you a greater level of respect and give you an easier time getting what you want.

The Seating Arrangements: Just like the room’s décor, the seating arrangements should differ based on your strategy. Trying to strike a friendly tone? Consider putting the seats closer together and more offset than directly head on. Setting up for a more formal meeting with multiple parties? Create distance between the chairs and set them more head on. The distance will lessen the chance of emotional reactions while the head-on direction helps establish a more competitive atmosphere.

The Lighting: Insufficient lighting has been found to contribute to moodiness and depression, while bright lights can heighten emotions. A 2014 study found that people with access to natural light will have a greater sense of overall wellbeing than those without windows. Is your dark conference room stifling the discussion? Try switching to a different room with abundant natural light.

Drinks: Just as with lighting, research has shown that even the temperature of certain food and drinks can affect a person’s overall mood. Some researchers believe that the temperature of an object we hold in our hands impacts how we perceive the world around us at that moment. So if you have a tense negotiation on your hands, you may want to offer hot coffee instead of a cold soda.

SUCCEEDING AS THE AWAY TEAM

Being the “away team” at a negotiation can be intimidating – you are unsure what the negotiation environment will be, you will have fewer (if any) of your colleagues nearby, and the only resources at your disposal are those you brought with you. Nevertheless, many aspects of being the away team can give you a level-up on the competition.

Gather As Much Information As You Can: On site at your adversary’s business? Take advantage of the opportunity to look around for any clues that might help you negotiate. Perhaps the condition of equipment, number of employees, or other observations can be used to help you later.

Radiate Confidence: Remember, your competitor is in their comfort zone. You were willing to travel to their home. With that, you are showing confidence in your negotiation skills and position. Remind yourself that if you didn’t think you would triumph, you wouldn’t have wasted your time traveling.

Limited Resources May Be a Good Thing: You should never show up to a negotiation ill-prepared, but as the visiting team, you can always buy time with the excuse that you don’t have certain information on hand. Take the position that your host has no just reasoning as to why he or she can’t explain a claim or back up a position with evidence – all the files are right there. Don’t be shy about pointing that out.

Just Move It: Maybe your competitor set up the room with his or her own comfort in mind, but who says you can’t change it? If you are uncomfortable with the seating arrangements in the negotiation room – the chairs are too far apart or there is a light shining in your eyes – just move your chair. You’ll get more comfortable and project confidence.

A NEUTRAL SETTING

Meeting at a neutral location? There are still steps you can take to steer things your way:

Background Noise: Are you expecting a challenging and lengthy negotiation? Consider a quiet setting such as a hotel conference room; a pause in conversation will be met with silence, which both conveys seriousness and could even prompt your adversary to keep talking to avoid awkwardness. Want to set a calmer tone and put your opponent at ease? Suggest a restaurant with a bit of background noise, which will allow for natural breaks in the negotiation.

The Impression: How important is this deal to you and your competitor? If this negotiation is key to your success, show that by suggesting an upscale environment.

The takeaway: if you haven’t adequately prepared for the negotiation or mastered the emotional principles at play at every negotiation table, the diplomas on the wall and the location of your chair won’t save you. But smart negotiators play up every advantage they can. As the saying in the real estate industry goes, “Location, location, location.” Don’t underestimate its importance in your next negotiation!

Design-Build for NYC Public Works Projects

Posted: July 18th, 2019

In a long-awaited turn of events, Bill No. A07636, known as the “New York City Public Works Investment Act,” was delivered and subsequently passed by the New York State Assembly on June 19, 2019. The Bill is now before the New York State Senate awaiting a final vote.[1] The reception the current design-build legislation has received in the New York State Legislature is its most positive yet. It has been on the Assembly/Senate floor two times previously, in both the 2015-16 and 2017-18 Legislative sessions, both times being stalled and subsequently not passed. The current Bill, unlike its predecessors, has received overwhelming support in both the Cities Committee and Rules Committee (14-1 in favor and 25-0 in favor, respectively). While the proposed legislation has not been officially passed by the Senate and approved by the Governor, it is highly encouraging to see it moved through the New York State Legislature with such swiftness and support.

If enacted, the new law will allow certain New York City agencies[2] to use the design-build procurement model for their infrastructure projects. Design-build is a method of project delivery in which the owner retains a single contractor to provide turnkey design and construction services for the project. The design-build model has been used successfully in the private sector and more recently at the State agency level to complete projects on time and on budget. Having a single point of contact saves both time and money and permits the design and construction teams to work more efficiently.

Part of the reason why the implementation of the design-build system on New York State and City public works projects has been so vexing is the “Wicks Law,” which requires the award of separate prime contracts for mechanical, electrical and plumbing work on municipal projects over certain dollar thresholds. By requiring the municipal agencies to directly retain four separate contractors for each of the primary subdivisions of work, the Wicks Law precluded the single contractor design-build delivery system on projects of any significant dollar amount. Further, the agencies have interpreted the NYS Education Law as preventing non-licensed contractors from offering professional design services. Even though the design services would continue to be signed and sealed by appropriately licensed design professionals as subcontractors to the design-builder, the restrictive interpretation of the Education Law handcuffed the agencies from reaping the benefits of the design-build delivery system.

The impasse was finally broken through the passage of the New York State Infrastructure Investment Act, which permitted a select few state agencies to engage in design-build contracts in recent years notwithstanding the prohibitions of the Wicks Law and Education Law. The results were immediate and overwhelming. Specifically, the design-build delivery system enabled the NYS Thruway Authority to complete the Tappan Zee Bridge replacement project in August 2017 – more than a year ahead of schedule and approximately $1 billion less than what the State projected. The success of the Tappan Zee Bridge Project has opened the door to more than 30 other public works projects where the design-build project delivery method is being utilized, such as the Kosciuszko Bridge Replacement Project, the Rehabilitation of Atlantic Avenue Viaduct Project, and the reconstruction of the BQE.

While the State agencies have been reaping the benefits of design-build projects, the City agencies have not. The hope is that is about to change. The NYC Public Works Investment Bill that is making its way through the NYS Legislature mimics the NYS Infrastructure Investment Act and will allow NYC agencies to utilize the design-build delivery system on the City’s infrastructure projects. Under the applicable provisions of the pending legislation, the “design-build contractor” may be a team comprised of separate entities, thus eliminating the separate prime contractors required by the Wicks Law. The Bill also proposes that the design-build project must be subject to a Project Labor Agreement.

Further, the Bill resolves the NYS Education Law impediment by enabling the design-builder to provide the professional services regulated by Articles 145, 147 and 148 of the Education Law through the appropriately licensed design firms that are retained by the design-build contractor.

In effect, the NYC Public Works Investment Act would codify the New York Court of Appeals’ decision in Charlebois v. J.M. Weller Associates, Inc., 72 N.Y.2d 587 (1988), which elicits the principle that a contract, which includes an express requirement for a separately retained licensed professional to perform the design function of a project, does not violate the licensing protections of the Education Law when the professional services are provided through a subcontractor. As the Court of Appeals held over 30 years ago, when the design-builder places in writing its duty to find the appropriate individual/entity that possesses the proper professional licenses to engage in the specified “design” services aspect of a project, the design-builder does not run afoul of the Education Law.

The Bill, having passed the New York State Assembly, now only waits to be passed in the NYS Senate. If the Bill passes the Senate and is signed into law, it would take effect immediately. The Bill also has a sunset provision, through which the law will expire and be deemed repealed three years after enactment, unless extended by the State.

CMM will continue to monitor the status of this Bill and keep our clients informed.

Thank you to Brendan Mahon for his research and drafting assistance with this article.

[1] While the Bill is not guaranteed to pass, it appears more likely than prior attempts. In 2015, similar legislation was stalled in the Cities Committee and Rules Committee of the Assembly and Senate.

[2] The authorized NYC agencies are: Department of Design and Construction, Department of Environmental Protection, Department of Transportation, Parks and Recreation, Health and Hospitals Corporation, School Construction Authority, and NYC Housing Authority.

Perils of Joint Bank Accounts in Estate Planning

Posted: July 17th, 2019

By: Martin Glass, Esq. email

Tags: elder law, estate planning

Many of my senior clients want to be able to transfer their assets to their children in the simplest and quickest way possible when the time comes. Often, people think a joint account is an easy and inexpensive way to avoid probate by automatically passing property to the joint owner at death. Unfortunately, estate planning usually isn’t as simple as opening a joint account. While there are benefits, there are also many risks.

With a joint bank account, multiple people can be granted access to the money in the account. Primarily this type of bank account is used by married couples, civil partners, and housemates as the account holders can pay into the account, withdraw cash, pay bills, or write checks.

I often tell my clients that there are two scenarios in which a joint account typically works well (but not even these are risk-free). First, if you have one child and wish for everything to go to him or her, a joint account could provide a convenient succession path. Second, a joint checking account could make sense if you wish for your children to pay only your customary bills and to have access to a small portion of your funds in the event of death – since these working accounts don’t usually consist of the bulk of your estate.

Sounds pretty simple so far. So what are the risks?

Consider you create a joint account by adding your eldest child to the account. Don’t assume that he or she would consult with your other children every time before taking money from your account. There isn’t even a guarantee that your child will handle your money exactly in the way you would prefer. Too often, I have seen children (from even the closest of families) who are caring for their parents take money in payment without first making sure that their siblings are all on board. Even worse, they may use the money for their own purposes.

Another risk, particularly if you have multiple children, is that there may end up an inequitable distribution of your money upon your death. You might expect all your children to share equally, but there is no guarantee. Adding multiple children to a joint account might seem like a way to avoid this risk, but having several different children on different accounts is nearly impossible to manage and usually just multiplies the risk.

In addition, once a child is added on a joint bank account, the money becomes an asset for both parties. I know that sounds obvious, but I have to remind my clients that if the child comes across creditor or legal problems, the creditor could garnish the entire bank account. In other words, your account may be frozen or lose funds. You may be thinking that your child doesn’t have creditor problems, but what if he or she gets into a car accident or is on the receiving end of a lawsuit? These unpredictable instances only further the cons of joint bank accounts.

Moreover, I advise my clients to consider the extremes. What would happen if the child passed away before the parent? A grandchild could be left with only a fraction of what they were supposed to get and what was a non-probate asset would become a probate asset – divided up as per the Will.

Fortunately, there are simple ways to avoid these undesirable outcomes and still allow someone else to have access to your funds. Wills, revocable trusts and durable powers of attorney are great planning tools that minimize the risk. They specify that your estate will be distributed according to your wishes and provide for a simple asset management in the event of your incapacity.

If you or anyone you know is considering a joint account or is in the process of estate planning, please feel free to contact us for assistance.

In Defense of Lawyers

Posted: July 17th, 2019

Do you know any good lawyer jokes? Yes? Ok, ok I get it. You don’t need to keep going. I get the joke.

Me, I wasn’t truly aware of the public’s negative perception of lawyers until I started law school. When informed of this apparent fact at orientation, I nodded along with the crowd, but I never really understood it. I always thought that lawyers were there to help people, prevent problems, fix problems, and do good. That day I was given the most important piece of advice that I received in all three years of law school: that the only people who could change the public perception of lawyers, are lawyers themselves.

Perhaps no lawyer is the butt of more jokes than the personal injury plaintiff’s lawyer. The plaintiff is the person or entity bringing a lawsuit. The plaintiff’s lawyer, especially in personal injury or negligence cases, is only paid if the client gets paid and, therefore, usually fronts all legal costs. This is called a contingency fee and is intended to allow for legal representation for those who can’t afford to pay upfront. Still, these lawyers (let’s call them plaintiff’s lawyers) make for the best lawyer jokes, and are the cream of the crop of lawyers that people love to hate.

Critics of these lawyers argue that their lawsuits increase the cost of products and services, insurance rates, and taxes, and that they invite false lawsuits and malingering clients. Such claims feed into the prevailing image of all lawyers as untrustworthy and unscrupulous. As you might guess, I disagree. I got my start as a plaintiff’s personal injury lawyer before I transitioned to a broader litigation practice, and that has given me a unique perspective which benefits all of my clients.

Despite the perception and jokes, plaintiff’s lawyers are often on the foreground of positive change in the legal community, and the public as a whole. Idealistic or not, their livelihood depends on it. To be successful, plaintiff’s lawyers must often maintain a difficult balance of being forceful and polite, dynamic and dignified, knowing when and where to push. Plaintiff’s lawyers seek to fix problems, make changes, and can’t take no for an answer. Many plaintiff’s lawyers work with each other, and with other lawyers, to pass legislation that improves the litigation process for everyone.

Recently, as part of the usual sudden bustle of activity which concluded the end of the Legislative Session, the New York State Senate and Assembly passed several bills relevant to civil litigation – one of which, if signed by the Governor, will permit a plaintiff to recover directly from a third-party defendant found to be liable to the direct defendant through contribution or indemnity.

The intent is to close a loophole that had previously allowed certain defendants held liable by judge or jury to evade payment on a judgment. It is expected to promote settlement of cases, thereby reducing judicial waste and unnecessary post-judgment proceeding, allowing the courts to focus on matters not otherwise resolved.

Fortunately, I truly believe that most of us lawyers want to better the public perception that we live with. This bill presents one example of a group of lawyers who saw a problem and took action to better the system, better the legal profession as a whole, and thus, better the public perception of lawyers.