In This Issue

Trusts & Estates

ABA/AARP Checklist for Family Survivors: A Guide to Practical and Legal Matters When Someone You Love Dies, by Sally Balch Hurme

The ABA Senior Lawyers Division and AARP have joined together to publish a very useful new book, the ABA/AARP Checklist for Family Survivors (ABA Publishing, February 2014, www.ShopABA.org), written by Sally Balch Hurme. Ms. Hurme is an elder law attorney and senior project manager for AARP who has worked for the organization for more than 20 years. She is also the author of the book the Senior Lawyers Division published several years ago entitled The ABA Checklist for Family Heirs.

White Collar Crime

The End of “Too Big to Jail”?

Two years ago, a “Washington Scene” column entitled “Deferred Prosecutions: Too Big to Prosecute?” reported on the increasingly frequent U.S. Department of Justice practice of forgoing criminal trials in cases against corporations. Rather than establishing guilt in complex and not-so-complex cases, the DOJ has favored deferred prosecution agreements (DPAs) and nonprosecution agreements (NPAs) calling for multimillion-dollar payments to the United States, followed by a probation period and dismissal of the criminal charges upon completion of compliance with the nonfinancial terms of the agreement. The driving force behind this practice was, in large part, concern about the collateral damage visited upon corporate defendants as a result of a criminal indictment and conviction. That was the case when the conduct of only a few of the 85,000 employees at Arthur Andersen resulted in the bankruptcy of the firm. And that experience created awareness among prosecutors and financial regulators of the potential for even greater losses in terms of the unemployment and adverse impact on the economy that would flow from the indictment and conviction of a financial institution deemed to be too big to fail.

Professional Development

The Chance to Make a Difference

Friends, our Division is everyone’s job. Only a few years ago, then-Division Chair-Elect Harry Hathaway, my friend from our Young Lawyer Section days, called to ask me to chair the Division Ethics Committee. I told him I was not even a member. That can be remedied, he said. From that moment to this, in this Division I have made some of the best friends I have in the organized bar, that is, in the ABA, New York State Bar Association, and New York City Bar. That, and the chance to do something worthwhile, to “make a difference,” is what makes this work both worthwhile and so much fun.

Elder

The Luckiest Traveler: Bujumbura and Other African Adventures

Traveling to Africa for five weeks this spring was a grand experience and eventually I may even tell you all about the animals. But sometimes the excitement of a trip comes in different forms when you have lived through traumas and problems. Often the best stories about travel are those that deal with survival or overcoming the surprises of the trip. Based on that test, this trip was a real whopper for me.