Summer Intern Post

"Well is he guilty?!"

I was on the phone doing the best I could to explain to my Mother my summer internship experience at Doar Rieck Kaley and Mack when I got this question. I had to pause for a minute and think. I was in the middle of summarizing the facts in a case in which John Kaley was defending his client in US District Court in New York’s Eastern District. She had taken me by surprise, and for good reason. I'm just an Intern!

Thinking back on it now, my answer to her question can sum up my learning experience here far better than any other one of the dozens of stories I could tell.

"That's up to the jury to decide" I said. "And as we speak right now, he is innocent until proven otherwise and that is what makes this country so great."

Where did that come from?

Before my internship here I was just as guilty as the rest of us when it came to predetermining ones guilt or innocence before due process is complete. It can be easy to watch the news and look at the celebrity accused of drug abuse or the businessman accused of defrauding investors and say, "They're guilty" without knowledge of the facts or evidence. This obsession in our society is something I have begun to look down upon as it goes against everything in which we were founded upon.

The attorneys and my experience here at DRKM have reminded me of the awesome power of our Democracy, and the absolute necessity of our right to a fair trial by an impartial jury with the assistance of counsel. This is something we must never take for granted because if I or anyone else I know were to be in the unfortunate situation of being wrongly prosecuted for a crime I would not only take satisfaction in the fact that The Bill of Rights affords us the opportunity to prove our innocence, but also I would take comfort knowing that there are lawyers like the ones at DRKM who will fight to the death on our behalf

Overall once my internship is complete, I will have left here humbled by our legal system and the lawyers at DRKM who have truly mastered the art of legal defense.

But really next time I should just tell my Mom what the Great Jay-Z would say,

“Not guilty, Y’all got to feel me”*

- Posted by Intern Michael

*("Izzo H.O.V.A." - Jay-Z, the Blueprint Album)

Aviso para interacción con la Policia

A pesar de que usted posiblemente nunca necesite el siguiente aviso, si usted se ve envuelto en una investigación criminal no importa la clase, usted no puede estar equivocado si usted se adhiere a estas cuatro simple reglas. Yo le aseguro que su valor no tiene precio.
Primera: Cuando usted es enfrentado a los cumplidores de la ley, a menos de que usted estè bajo arresto, usted no tiene que ir a ningún sitio con los oficiales, ni tampoco tiene que contestar a ninguna de sus prequntas. No lo haga.
Segunda: Hasta que usted no haya obtenido asistencia legal de un abogado con su problema, no conteste a ninguna pregunta. No importa lo inocente o benigna que la pregunta pueda parecer. Resista la tentación de responder especialmente si usted planea decir aunque sea una pequeña mentira. El tiempo enseña claramente que algunas pequeñas falsas disculpas declaratorias han empeorado una situación que pudo haber sido manejable.
Tercera: Mientras usted pueda ser respetuoso con las autoridades sepa que el interès de ellos en usted es estrictamente de negocio. Ellos no son sus amigos. Aún si los agentes aparentan ser amistosos y puedan bien minimigar la importancia del interrogatório, ellos estàn comprometido en negocios serios. Alguien puede ser encarcelado. De este modo usted debe de tratar al contrario con precausion y darle la seriedad que se merece.
Cuarta: La última regla, debe de ser la primera: Si usted se ve atrapado en una investigación criminal, no trate usted mismo de resolver el problema. No trate de economizar dinero. Contrate a un abogado competente como los abogados de Doar Rieck Kaley & Mack.
- translated by David Rivera.

Special Discovery Masters

Special Discovery Masters can be a great help to the parties – and especially to counsel for both sides – in a litigation where discovery battles are particularly contentious. Special Masters can give discovery disputes the attention that Judges, and sometimes even Magistrate Judges, do not have the time to give. Experienced counsel, anticipating contentiousness, may very well ask the court to appoint a Special Discovery Master.

Although some lawyers may think of Special Discovery Masters as an added expense for their clients, Special Masters can more than make up for their fees by streamlining the discovery process (and, of course, in most cases the fees would be split among the parties). Periodic discovery conferences conducted by a Special Discovery Master can help the parties avoid motion practice. As litigators, we have all been involved -- despite our best efforts -- in antagonistic situations where emotions drive, or at least influence, the flow (or lack thereof) of discovery. Sometimes it simply takes a neutral party to sit down with counsel and help them find a rational way to proceed, so that the needs of all parties can be met. Other times, a Special Master cannot successfully mediate or negotiate a discovery dispute and, assuming that his or her appointment calls for recommended rulings, will have to make a recommendation to the court. Even when this happens, counsel are likely to have benefitted from their discussions with the Special Master and may be able to narrow the issues for briefing and judicial review. In the writer’s experience, over the course of a long case the parties may eventually reach a course of dealing among themselves that results in more expeditious resolution of discovery disputes.

Similarly, Special Discovery Masters can be used to supervise depositions in cases where counsel otherwise spend so much time arguing or seeking judicial intervention that depositions cannot proceed efficiently. Such supervision is of particular use where the court has imposed time limits on depositions. And the mere presence in the room of a neutral third party with power to make rulings may reduce disruptions.

- Posted by Amy Rothstein

Advice for Interacting with Police

Although you will hopefully never need the following advice, if you get involved in a criminal investigation no matter the type, you can not go wrong if you adhere to these four simple rules. I assure you their value is priceless.
First, when approached by law enforcement, unless you are placed under arrest, you do not have to go anywhere with the officers; nor do you have to adhere to their timetable to answer questions. So don’t do so.
Second, until you have been able to obtain the assistance of legal counsel with your problem, do not answer any questions. No matter how innocent or benign the inquiry may appear, resist the temptation to respond; most especially if you plan to tell even a small falsehood. Time has clearly shown just a few, small false exculpatory statements have worsened a situation which might have otherwise been manageable.
Third, while you should be civil to the authorities, know that their interest in you is strictly business. They are not your friends. Even if the agents appear to be friendly and may well minimize the significance of their desire to question you, they are engaged in serious business - someone is about to get locked up. Thus, you should treat the encounter with caution and give it the seriousness it deserves.
Fourth, the last rule, to paraphrase a biblical quotation, should be the first. Should you get caught up in a criminal investigation, don’t try to handle the problem yourself; don’t try to save money. Hire a capable attorney such as the lawyers at Doar Rieck Kaley & Mack.

-Posted by John Jacob Rieck, Jr.

Who we are

Doar Rieck Kaley & Mack provides counsel to corporate, individual, and government clients in all aspects of complex civil litigation, white-collar criminal defense, regulatory proceedings, internal investigations, and compliance matters. We also serve as arbitrators, mediators, and special masters in dispute resolution proceedings.

Because our practice of over two decades includes both assignments from private clients and governmental agencies, we have a well-rounded perspective on the litigation and consensual resolution of legal disputes. Our years of experience as government prosecutors and trial lawyers give us special insight into the needs of our clients. We provide aggressive, cost-effective advocacy, as well as skilled problem-solving.

Client service is the hallmark of our law firm. The results of our teamwork approach to every client’s problem allows our attorneys, paralegals and investigators to work together to fight for you, our client.

Our Attorneys:

John Jacob Rieck, Jr. has over 35 years of investigative and civil and criminal trial experience as both a prosecutor and defense attorney. Mr. Rieck's practice areas include all aspects of criminal defense and related civil litigation, and white collar criminal defense.

John Kaley has considerable experience, both in and out of government service, representing clients in complex criminal and civil litigation matters. Being in private practice since 1985, Mr. Kaley's practice areas include criminal defense, complex civil litigation, white collar criminal defense, and securities law.

Walter Mack has extensive civil and criminal litigation, investigative and regulatory experience in and out of the government. Mr. Mack's practice areas include white collar criminal law, complex civil litigation, securities law, corporate compliance and monitorships, and criminal litigation.

Edward Scarvalone is an experienced trial and appellate lawyer specializing in complex civil litigation and investigations. Having recently left his position as an Assistant United States Attorney, Mr. Scarvalone's practice areas include complex civil litigation, white collar criminal law, investigations, and securities law.

Amy Rothstein is an experienced civil litigator and alternative dispute resolution neutral in commercial, securities and employment cases. She serves as a mediator, special master, referee and arbitrator. Additionally, Ms. Rothstein handles investigations, monitorships and criminal appeal and other post-conviction proceedings.

David Rivera is a civil litigator with experience in regulatory and securities law who works with Mr. Mack on a number of ongoing monitorships. Mr. Rivera's areas of practice include complex civil litigation, securities law, corporate compliance and monitorships.

Paul Minnefor is a civil litigator with experience in a wide variety of general commercial matters and complex insurance coverage litigation. Mr. Minnefor assists Mr. Mack in white collar criminal law cases for the firm and played a key role in a complex securities case the firm handled.

If you have any questions or need legal assistance, contact us today at (212) 619-3730. We look forward to helping you.