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Articles

New Lawyers and their Transition into the Marketplace
by Thomas F. Liotti
[continued from prior page]

This article addresses a problem that has heretofore not been considered. What follows are the snippets of a transcript of an expert, who testified during a disciplinary proceeding involving a young lawyer. The lawyer's name is not mentioned due to the confidential nature of the proceedings, but the expert is a renowned attorney, Willard DaSilva.

Mr. DaSilva has distilled the problems heretofore described. This is a synopsis of his testimony. What awaits us following this crystallization is the profession's response. This article urges the Chief Judge and the New York State Bar Association to immediately establish a Commission to recommend ways to assist new lawyers in their transitions from law schools into private practice.

Q - What is your name?

A - Willard H. DaSilva.

Q - Please tell us something about your background and how you are presently employed.

A - I have been a practicing attorney for a little more than 50 years, and more than 30 years of that time, the most recent 30 years, I have dealt almost exclusively in the field of matrimonial and family law.

I have maintained an office originally as a single practitioner, and I then went into the corporate field, and about 35 years ago I went into a private practice basically as a single practitioner.

I have had partnerships, but they were small partnerships, one person or maybe two at a time. During the interlude between partnerships, I was a sole practitioner, so I would say at least half of my time was a sole practitioners, and then within some of the partnerships I functioned as a solo practitioner and did not deal jointly in cases with the other partners. I would say that my practice has predominantly been as a single practitioner in fact.

I have had opportunities to do extensive writing in the field. My works have been published in many legal journals and magazines. Recently just this year I was appointed as a member of the Board of Editors of the New York State Bar Journal, and I am presently and have been for the past couple of years Editor in Chief of the American Bar Association magazine, The Family Advocate, which deals exclusively in family law. I publish for Matthew Bender a monthly article, a series of articles on domestic relations law, and for the West Group, I have written an update annually for a book known as New York Matrimonial Practice. It is a red volume. Most lawyers in the field know it. They consider it a Bible, or at least beginning practitioners in the field of matrimonial law. I have written for many magazines, a fair share of magazines.

I have appeared as a consultant in many radio and television programs. I have appeared on the Donahue Show, Regis Philbin, Sonya Live, which is a CNN program, Ted Koppel, many of the well known shows, and many of the radio talk shows. In fact, I am scheduled in December to be on a radio show.

I have been on NBC Nightly News during the past year, all related to matrimonial issues and matrimonial practice. A complete resume of my background other than lecturing appears in Martindale Hubbel Law Dictionary and I do seminars regularly. I lecture four or five seminars a year at least.



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When I was asked to renew my registration for the Bar and list my CLC credits, I think when I got to about 80 for this year, I stopped listing. I stopped making a note of it.

That basically is my background. In addition to all of that, I am extremely active in the matrimonial practice to this day.

Q - Have you ever been qualified previously?

A - Yes, several times.

Q - Would you tell us in what capacity you were qualified as an expert?

A - Basically regarding fee disputes, fee issues, reasonableness of fees.

Q - Mr. DaSilva, could you tell us something about your educational background?

A - I went to Freeport High School. I was born in Freeport. I went to New York University. I graduated from Washington Square College and then I served in the Army Air Corp. during World War II and came back and went to Columbia University, and I graduated from that school, and shortly thereafter I went into practice starting in Freeport, and then I moved from there to the City.

Q - Have you been involved in any Bar Association activities?

A - I am constantly involved in Bar Association activities. I have been . Nassau County Bar, I am on the Matrimonial Law Committee, an officer of that committee. I have been active in the New York State Bar Association. I was the chair of the General Practice Section. I am still on the Executive Board of the Family Law section of the New York State Bar, former President of the American Academy of Matrimonial Lawyers, the New York Chapter.

I am one of now less than 100 lawyers to be selected or nominated to be a diplomat of the American College of Family Trial Lawyers. It is a national organization with less than 100 of us. I belong to the International Association of Family Law, and you name it, many, many organizations. I am active in most of them.

Q - Are you familiar with a case known as O'Brien versus O'Brien?

A - I have heard of that case. I represented Dr. O'Brien and argued the case in both the Appellate Division and the Court of Appeals. I didn't handle the trial.

Q - What was the holding in that case?

A - The holding of the case was that a medical license which was earned during the course of the marriage became marital property and subject to evaluation and division, at least its value was divided at the time of the divorce. That has become, I am told, the most often cited case in the history of New York law.

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