NYC Bar Association Serves as Key Watchdog on the Right to Counsel Law

 

New York City Bar Association pic
New York City Bar Association
Image: nycbar.org

Possessing a JD from Touro Law Center, Amy Goldenberg of Closter, NJ, most recently served as a judicial law clerk with Essex Vicinage. Experienced with performing legal research and drafting judicial opinions, Amy Goldenberg is a member of the Criminal Courts Committee of the New York City Bar Association (NYC Bar).

The NYC Bar formed a civil justice task force to evaluate the Right to Counsel law passed by the City Council in 2017 that ensures free legal representation to eligible tenants facing eviction. Applying to residents in certain zip codes, the law has altered the dynamics of landlord-tenant disputes in one of the country’s most-populated cities, according to attorney and task force co-chair Andrew Scherer. Now that citizens are more informed about their rights and have access to representation, more cases are going through litigation rather than ending in eviction.

Right to Counsel, which took effect in January 2018, is the result of the persistent work of a coalition of fair-housing advocates. The law’s success is evident; around 22,000 evictions have already been stopped and roughly 30 percent of tenants appear with an attorney, up from 1 percent in 2013.

While the NYC Housing Court has become more manageable for residents and the total number of evictions has dropped, some tenants who qualify for free legal assistance continue to fall through the cracks. More outreach and education is necessary to reach everyone who needs help staying in their home. However, by 2022, the law will expand to include all New York citizens with incomes up to double the federal poverty level.

Westlaw, Fastcase, and LexisNexis Rule US Legal Research Databases

LexisNexis pic
LexisNexis
Image: LexisNexis.com

Attorney Amy Goldenberg from Closter, NJ, is a secretary for the Federal Bar Association. Previously a judicial law clerk at Essex Vicinage, Amy Goldenberg of Closter, NJ, conducted legal research using LexisNexis and Westlaw.

According to a 2017 legal research survey by Clio, the U.S. legal publishing market is dominated by three firms: Westlaw (20.58 percent), Fastcase (20.35 percent), and LexisNexis (20.21 percent). Here are some details on each:

Westlaw
Westlaw markets itself as the most comprehensive database for legal information, which includes federal and circuit court cases, statutes, state regulations, bills, treatises, and public records. It also contains litigation resources and practice-area insights.

Fastcase
A relatively new entrant in the legal-research world, Fastcase is a database of legal resources that is big on functionality. It has a simple search application that lets users look up cases they already know about and an advanced search option that combines keyword, citation, and natural language filters. It scores results based on relevance, includes tags to help users look up pertinent materials, and highlights key paragraphs in legal texts for simpler use.

LexisNexis 
An established legal-research database, LexisNexis has been around for decades. It has the most recent cases and more in-depth jurisdictional data. It combines these primary sources with secondary ones, like law reviews, to assist in legal research. It also has all Supreme Court cases since 1790 and data on 80 million businesses.

The Use of Memoranda in Legal Practice

Amy Goldenberg

Based in Closter, NJ, attorney Amy Goldenberg has served as a judicial law clerk at Essex Vicinage in Newark, NJ. In this role, Amy Goldenberg of Closter, NJ, conducted legal research and drafted opinions, briefs, and memoranda.

In the legal practice, memoranda are often used by courts and attorneys to present information in a concise format. Courts issue judicial memoranda as summarized decisions that detail court rulings and any orders given. However, they do not contain court opinions or explanations on the reasoning that guide judges in making their decisions.

Away from the bench, memoranda are used by attorneys to outline specific points as part of motions addressed to a court or as briefs to fellow attorneys. For example, a court may ask for a memorandum on a certain legal issue and the attorney will comply. A lawyer may also draft a legal memorandum for another attorney, informing them of a legal issue while citing legal authorities and, depending on the circumstances, pointing out ambiguities in the law. The other attorney may be the opposing counsel in a case or a colleague at their own firm.