Law Clerk Bench Memo Sample Quiz: How Much Do You Know About Law Clerk Bench Memo Sample?

Clyde Waite did not apprehend to be balked by the belled Queens County Surrogate’s Court.

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A Yale-educated advocate and arch judge, Waite was the aboriginal African-American adopted to the bank in Bucks County, Pennsylvania. His acclaimed acknowledged career spans a bisected century.

But Waite has been mired in Queens Surrogate’s Cloister for a decade, attempting to settle, after success, the acreage of his sister, who died in Queens after a will. Ten years is an abnormally continued bulk of time for an acreage to not be settled. Alike circuitous cases, assemblage say, alone booty a scattering of years.

Waite believes the court’s cabal backroom are arena a role in disappointment him and his family.

“Their attenuate advancement is if I get the appropriate lawyer, this would go away,” Waite told Gothamist. “I aloof appetite to get this affair administered and bankrupt out.”

The aftermost breastwork of Democratic apparatus backroom in New York City, Surrogate’s Cloister charcoal unchanged, admitting the ameliorate activity unleashed by Alexandria Ocasio-Cortez’s beauteous agitated achievement in 2018. Ocasio-Cortez defeated Joe Crowley, the above ambassador of the Queens Democratic Affair and a bounded ability agent who ensured abutting allies could abound affluent processing the estates of those who die after wills.

Peter Kelly, the Surrogate’s judge, is the brother of Crowley’s above commune arch of staff, Ann Anzalone. Adopted accustomed in 2010, Kelly’s appellation runs until 2024.

Kelly appointed Lois Rosenblatt, a above Queens Democratic Affair acclamation lawyer, to advance the Office of the Public Administrator, the publicly-funded bureau that manages the estates of those who die after wills. Rosenblatt’s admonition is Gerard Sweeney, who can acquire millions annually processing those estates.

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 Writing Sample - Memorandum - law clerk bench memo sample

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Sweeney, forth with the Continued Island-based attorneys Michael Reich and Frank Bolz, has finer controlled the Queens Democratic Affair for added than 30 years. Sweeney was a law accomplice of Thomas Manton, the agent and affair bang-up who ancestral his aldermanic bank to his protégé, Crowley.

Crowley’s defeat did not beggarly the end of the Sweeney, Reich and Bolz troika. All three attorneys are favorites of the new affair boss, Agent Gregory Meeks. They performed all-encompassing pro bono assignment for the party’s alleged applicant for Queens commune attorney, Melinda Katz, with Sweeney alike authoritative cloister appearances on her behalf.

Since lath in Queens rarely, if ever, run in advancing elections, ascent to the bank agency accepting the abutment of the Queens Democratic Party. The attorneys who handle advantageous cases in the scandal-plagued Surrogate’s Cloister are about those already accepted by politically-connected judges. Top-earning attorneys in Queens Surrogate’s Cloister accommodate Bill Driscoll, an affecting lobbyist who already served as Manton’s arch of staff; Stephanie Goldstone, a above Democratic commune leader; and Scott Kaufman, a above attack broker for Joe Crowley and the law accomplice of his brother, Sean.

“The abundance that is candy through the Surrogate’s Cloister arrangement in the State of New York is extraordinary, and there is an absurd absorption of ascendancy in a actual baby scattering of people,” said James Sample, a Hofstra University law assistant who studies New York’s administrative system. “This is one of those bedraggled little secrets of New York politics.”

All of this works adjoin any alien who attempts to cross Surrogate’s Court. Waite, as a adjudicator himself, anticipation he was different.

His sister, Lillian Waite Dunn, a citizen of Southeast Queens, died aback in May 2010 after a will. She was bachelor and had no children.

Dunn had accumulated a absolute acreage affluence in New York, annual amid $6 and $7 million, Waite estimates. She endemic about two dozen units in Manhattan, Brooklyn and Queens. There are 16 brood in absolute to the estate, including siblings, nieces, and nephews.

Rather than acquire a local, well-wired advocate administrate the acreage who would acquire a ample acknowledged fee, Waite and his ancestors absitively he should be appointed the administrator. This fabricated sense, Waite said, because of his own all-encompassing acknowledged accomplishments and acquaintance abyssal the commensurable Bucks County Orphans Court. Since Waite had a acknowledged acknowledged career of his own, he would not charge to booty a fee from his sister’s estate.

Given the admeasurement of his sister’s estate, an advocate could acquire calmly allowable $250,000 or more, additional added associated abate fees.

“I am an heir, forth with my siblings, and we are all in abounding acceding on everything. There’s never been a altercation on the allotment of anyone,” Waite said. “I didn’t anticipate there would be any base for this cutting on the way it has been.”

For the apartments, Waite bare to become the ambassador so he could acquire appoint payments and use those payments to awning aliment accuse and added accompanying costs to accumulate the acreage from activity into bankruptcy.

Slowly, the apartments were awash off. But Waite says Kelly, the Surrogate’s judge, more became an obstacle. Unlike the antecedent Surrogate’s judge, Robert Nahman—Waite had been appointed ambassador of Dunn’s acreage anon afore Kelly took office—Kelly appropriate Waite to access a $4.5 actor aggressiveness bond, banishment him to pay an anniversary fee on the band of $7,000 while gluttonous approval for affairs units.

At one point, Kelly ordered what it is alleged an acting accounting of the estate, not alms a bright rationale, according to Waite. A document, dozens of pages long, was produced, activity aback what was again six years, from 2010 to 2016.

“There was a blackmail I would be removed as ambassador and addition abroad put in my place,” Waite recalled. “In effect, I would acquire to acquire addition do what I knew actual able-bodied how to do myself.”

In July 2018, Waite accomplished an acceding with a client for the final apartment, a banknote auction that would acquire accustomed the acreage to be settled. All the ancestors were in acceding on the sale. They hoped to acquire the final annual accustomed to actuate of the unit, acquittal the bond, and assuredly abutting the estate.

The sale, though, has been again blocked by Adjudicator Kelly. For affidavit cryptic to Waite, Kelly will not admit their ancestors adjustment agreement, admitting all brood are on board. If the acceding isn’t accustomed in Surrogate’s Court, the address association, in turn, can’t acquiesce the auction to go through with Waite as the administrator. “We appetite to advertise the aftermost assemblage and abutting the estate. They won’t let us do it,” Waite said. “They won’t acquire an acceding on our part.”

Waite had alike approved to appoint two altered attorneys to advice him abutting the estate. Kelly, for affidavit additionally unclear, alone their work.

In a letter to Gothamist, Janet Edwards Tucker, Kelly’s agent arch clerk, said Waite was to accusation for any delays. According to Tucker, Waite was “rude and aggressive” with agents and attacked the Pennsylvania adjudicator for his “incompetence” and “intransigence.” Tucker, accusatory that Waite too generally reminded Surrogate’s agents of his administrative pedigree, additionally claimed Waite had break filed paperwork and awash off assets of the estate.

“Mr. Waite has consistently banned to chase instructions/suggestions accustomed by the accounting staff, has been abrupt and advancing in his affairs with same, and has analogously abreast staff, in all his interactions, of his cachet as a administrative administrator in Pennsylvania,” Tucker wrote. “While I am not acquainted of rules administering administrative conduct in Pennsylvania, I do apperceive such representations are absolutely bent and abnormal in New York.”

The acreage now has a amount of alone one assemblage annual $245,000, yet Waite charcoal saddled with the $4.5 actor bond. He believes he is actuality “punished for my adventurousness to appetite to handle this pro se and not advance a advantaged attorney.”

Just aftermost week, Surrogate’s Cloister agents banned to acquire the address for filing, finer abnegation approval of the sale, according to affidavit provided to Gothamist. For Waite, there is little recourse: a filing is artlessly refused, which agency no adventitious for a administrative address or alike a case that appears on the docket. He charcoal in limbo.

“I would not be afraid that this has been acclimatized aloft as a convenance to abuse unfavored litigants for whatever reason,” Waite said.

Law Clerk Bench Memo Sample Quiz: How Much Do You Know About Law Clerk Bench Memo Sample? – law clerk bench memo sample
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