Miranda Warnings

Jack Newton, CEO and co-founder of the legal technology company Clio joins David to discuss the help they’re providing the New York State Bar Association to launch a pro bono initiative, how the embrace of  technology has changed the legal profession in the wake of the COVID-19 health crisis, and dispel the myth that lawyers are slow to adapt to technology.

Recorded at the 2020 Annual Meeting 

Brenda Berkman, activist, artist, and the first female firefighter in FDNY history, joins David to talk about her trailblazing career, the obstacles women still face and why the number of female firefighters is so low. 

Miranda Warnings is hosted by NYSBA’s 118th President David Miranda. 

Domenick Napoletano (Brooklyn, NY)  and June Castellano (Rochester, NY), co-chairs of the NYSBA Emergency Task Force for Solo and Small Firm Practitioners join David to talk about the work they’re doing to help lawyers impacted by the COVID-19 public health crisis. 

With more than half the members of the State Bar Association working as solo or small firm practitioners, they discuss the areas where the task force is seeking to help members, from economic best practices and law office management to advocating for clarifications about Executive Orders and ensuring rural communities are heard.

Napoletano and Castellano, who are both solo practitioners, then explain how virtual notarizations will take place via video conferencing or video chat .

Miranda Warnings is hosted by NYSBA’s 118th President David Miranda. 

Paul Weiss, chairman Brad Karp along with partners Robert Atkins and Michael Gertzman join David to talk about the firms Coronavirus Resource Center and how the public, small businesses, and those in need the most can utilize it to make sense of the hundreds of federal, state and local relief programs.

Paul Weiss Coronavirus Resource Center 

Jonathan Lippman, former Chief Judge of New York, joins David to talk about the partnership between NYSBA and the NYS Court System to build a pro bono network of lawyers in response to the coronavirus pandemic.  

Hank Greenberg, President of the New York Bar Association and Judy Perry Martinez, President of the American Bar Association join David to discuss how the coronavirus pandemic is impacting the U.S. courts and legal system and how bar leaders are addressing this crisis.

Martinez provides an update on the steps courts are taking to ensure employee safety, while also continuing to operate and serve in the best way possible. She also praises states like Texas for their commitment and ability to move to remote proceedings in a robust way.

Greenberg provides an update on what is happening in the New York court system, where except for emergency proceedings in state courts, there are no in-court proceedings happening and how court leaders in the state are responding to the needs of both the public and the profession.

Martinez then discusses the ABA's Task Force on Legal Needs Arising Out of the 2020 Pandemic, which you can read more about here. 

The conversation then turns to discuss the unintended consequences that have arisen because of the coronavirus pandemic including; economic and emotional anguish felt by solo practitioners and small firms, what to do about the upcoming bar exam, which has been since rescheduled to a date sometime in the fall and how state and federal legislation can help.

Miranda Warnings is hosted by NYSBA's 118th President David Miranda.

Max Kenner, Executive Director of the Bard Prison Initiative joins David to discuss what the BPI does, why college-in-prison programs are essential to reducing recidivism and how prisons are adapting and preparing for the coronavirus. 

The conversation begins with a discussion about the effectiveness of college-in-prison programs, how these programs benefit inmates, and how prior to the 1994 'Clinton Crime Bill,' these programs were found nationwide.

The conversation then turns to the current reality of prison inmates and staff in light of the recent increase in the spread of COVID-19. Kenner talks about the concerns advocates have about elderly inmates who susceptible to coronavirus, and the moral imperative society has to protect the most vulnerable populations, including those incarcerated. 

Finally, they close out the discussion on the power the governor of New York has to release various inmates populations including the elderly and those granted parole but awaiting release. 

Miranda Warnings is hosted by NYSBA's 118th President David Miranda.

Terri Gerstein, Director of the State and Local Enforcement Project at the Harvard Law School Labor and Worklife Program, joins David to talk about the gig economy and the impact it's having on workers and companies. 

Gerstein talks about the need to get a true reporting of how many workers participate in the gig economy, the responsibilities companies like Uber, Lyft, Handy and Task Rabbit have to properly classify their workforce and the impact that has on their opportunity to earn a living.

This episode was recorded live from the 2020 NYSBA Annual Meeting.

Miranda Warnings is hosted by NYSBA's 118th President, David Miranda.

Hermes Fernandez, chair of the NYSBA Health Law Section joins David to talk about issues surrounding the coronavirus, how public health authorities have responded to the pandemic and what powers they have to curb the spreading of the virus. 

Fernandez who is a health law partner at the firm Bond, Schoeneck & King in Albany, talks about the testing process in New York; who can get tested, who can administer tests. He also discusses the differences and similarities between the coronavirus and the common cold and flu.

They also talk about the differences between isolation, social distancing, and quarantine and what powers public health officials have to enforce those tactics.

Finally, they close out the episode by discussing the impact the closing of courts, law firms, schools, and businesses can have and what the next few weeks will look like, as more people are able to get tested. 

Miranda Warnings is hosted by NYSBA's 118th President David Miranda.

Robert Masters, chair of the New York State Bar Associations Criminal Justice Section joins David to talk about the controversial bail and discovery law reforms recently enacted by the New York State Legislature.

Masters, who served as Executive Assistant District Attorney in Queens County for 30 years, talks about how the arcane and aged court system in New York led to the setting of bail for low-level crimes and the unintended consequences that those decisions had on individuals. 

The conversation then moves to a discussion regarding the Bail and Discovery Reform Law that was passed in New York State in April 2019 and went into effect on January 1, 2020. They discuss how the desire to close the Rikers Island jail facilities and limiting the number of people being held pretrial was the impetus for bail reform. 

The conversation then moves to Masters' involvement in apprehending the 'Zodiak Killer,' one of the most notorious murder cases in United States history.

They then close the conversation by talking about the Commission on Prosecutorial Misconduct, which oversees District Attorneys and their offices work to ensure ni impropriety is taking place. 

Miranda Warnings is hosted by NYSBA's 118th President David Miranda.