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Richard Sussman

Richard Sussman

Richard Sussman Attorney/Mediator
222 Birchwood Avenue
Nyack, NY 10960

Phone: (845) 548-2733  |  Fax: (212) 756-8603

Contact Richard Sussman

What Matters To You Most

Legal Topic

Wills, Trusts & Estates

Preferred New Clients

Currently I am interested in taking on clients whose matters are related to wills, probate and planning, administration of estates, and domestic and/or business related conflict resolution (mediation and partnering in parties' management of resolved disputes). I have over fifteen years of training and experience in these two areas.

Conflict Resolution and Management

Nolo Document Review

Sub-Categories

Estate Planning
  • Charitable Giving
  • Charitable Trusts
  • Drafting Trusts
  • Drafting Wills
  • Estate Administration
  • Estate Planning
  • Living Wills
  • Probate
  • Special Needs Trust
  • Supplemental Needs Trust
  • Revocable Trust & Irrevocable Trust

Bar Admissions

NY, Feb 1986
Bar Number: 2044477

DC, Jul 1988

Other Court Admissions

U.S. District and Bankruptcy Courts for the Southern and Eastern Districts of New York.

Association Memberships

New York State Bar, New York City Bar, National Lawyers Guild, District of Columbia Bar, Rockland County Bar, Association for Conflict Resolution, International Ombudsman Association, New York State Dispute Resolution Association, and New York State Divorce Mediation Council.

Continuing Education

I attend continuing legal education seminars and practicums on the topics of probate and the administration of estates, estate planning for the middle class client, mediation and negotiation of separation agreements and family related issues and disputes, and practicing law and mediation with people who come from backgrounds other than my own.

Example Cases

I recently settled two Surrogate's Court disputes involving feuding family members.

One case involved a large family (9 siblings) where the attorney/spouse of one of the siblings opposed the admission of the father's will to probate by attacking the integrity of his brother-in-law executor. By establishing relationships with all of the other siblings and bolstering their confidence in their executor brother and using my Surrogate's Court skills and experience, I was able to overcome the psychological and legal obstacles created by the spurned attorney son-in-law who feared that his wife would leave him, after she received her portion of the father's estate.

The second case dealt with the filing of a fraudulent Last Will and Testament by family members and associates who were interested in getting control of the decedent's valuable Manhattan townhouse. The defrauded decedents retained me to File for Letters of Administration and oppose the probate of the Will. We succeeded in getting the fraudulent Will thrown out, reaching a settlement between the feuding factions of the family, and permanently excluding the non-family associates of who had financed the fraud. I am now working with representatives of both sides to renovate the townhouse into condominium units.

Education

Degree:

Bachelor of Arts

School:

Columbia College of Columbia University

City:

New York

State:

NY

Year:

1976

Focus and Accomplishments:

Created major in "Urban Political Economy" by fulfilling combined requirements for degrees in Political Science and Urban Studies and a minor in Economics, while working 20 hours per week at Columbia University Teachers College Book Store.

 

Degree:

Certified Mediator, New York State Office of Court Administration Community Dispute Center(s)

School:

Institute for Mediation and Conflict Resolution

City:

New York

State:

NY

Year:

1995

Focus and Accomplishments:

Successfully mediate and promote resolution of disputes between and among New Yorkers from a wide variety of ethnic, socio-economic, and geographic backgrounds.

 

Degree:

Juris Doctor

School:

Northeastern University School of Law

City:

Boston

State:

MA

Year:

1983

Honors:

Mansfield Foundation Public Interest Law Fellowships to Support Full-Time Positions with the Attorneys General of the Commonwealth of Massachusetts and State of New York in the areas of Civil Rights Enforcement and Environmental Protection.

Focus and Accomplishments:

  • Student Funded Fellowship to Support a Full-Time Position as student counsel to New York's Center for Constitutional Rights ("CCR")

  • Civil Rights and Constitutional Law

  • Member, Northeastern/Harvard Law School Prisoners' Rights Project providing legal services to inmates in Massachusetts medium and maximum security prisons

  • Assigned by Massachusetts Attorney General to represent him in seminars for local District Attorneys on their role in implementing recently enacted criminal enforcement provisions State Civil Rights Act

  • At CCR played leading role in case brought by Members of U.S. House of Representatives to challenge President's violation of War Powers Act by sending military advisors to El Salvador (Crockett v. Reagan)

Number of Attorneys

1

State Licensed In

New York and District of Columbia.

Firm Focus and History

The Firm of Richard Sussman Attorney/Mediator focuses on wills, estate planning and estate administration, as well as the mediation and management of civil, family, real estate, and business disputes. We also provide counseling and services in the areas of real estate transactions, real estate and landlord-tenant disputes, and efforts to obtain publicly provided services and responses from government agencies.

The firm was created in 2001 when the firm of Levine & Sussman decided that a separate entity should be created to reflect Howard R. Levine's declining health and capacity to develop new business. The firms continued to collaborate until Mr. Levine's death in 2004. Prior to his death, Mr. Levine was a highly regarded, long-time member of the New York City Trusts and Estate Planning Bar.

Previous Employment Summary

Following my admission to the New York Bar in 1986, I was Court Attorney for the late Honorable Judge Roger Bryant Hunting of the New York County Civil and State Supreme Courts for two and a half years. Upon leaving the Court system, I became an associate with the firm of Alkalay, Handler, Robbins & Herman - a "spin-off" of the firm of Shea & Gould. After leaving Alkalay, Handler, Robbins & Herman, I practiced both civil and criminal defense law in the offices of Frederick K. Brewington.

In 1994, I handled and completed my first complex New York County Surrogate's Court matter. In 1995, I became associated with Howard R. Levine, where I focused on wills and estate administration, real estate, landlord and tenant, and matrimonial matters. After we established the partnership of Levine & Sussman in 2000, I became of counsel to the firm of Del Valle & Gordon in 2001. At Del Valle, I continued my wills and estates and real estate practices and added family and general civil legal practice as a member of the UNITE-HERE union Legal Services plan. I remained part of that plan until I left the Del Valle firm in 2007.

Prior to attending law school, I was a Principal Aide to the Honorable Henry J. Stern, then a member of the New York City Council, and a Litigation Legal Assistant at the New York and international law firm of Paul Weiss, Rifkind, Wharton & Garrison.

Activities and Awards

I am a New York State Office of Court Administration "Fiduciary" under Article 81 of the State Mental Health Law and Rule 36 of the Rules of the Chief Judge of the State of New York serving New York, Rockland, and Westchester Counties. To qualify for this status, I was trained to represent incapacitated people and their interests in court and to work with their families and mental health counselors in designing programs to best serve their health and welfare. This status also qualifies me to serve as a Court appointed Referee in foreclosure cases and to mediate disputes among creditors and between creditors and debtors.

Additionally, in 1995, I became certified as a Mediator of Civil Disputes by the Institute for Mediation and Conflict Resolution. Subsequent trainings, particularly those connected with my qualification as a Family and Divorce Mediator by the New York State Council for Divorce Mediation, have enhanced my ability to listen to the needs and desires of clients. This has been particularly useful in listening to clients who want to make sure that their wills and estate plans genuinely reflect those needs and desires.

Currently, I am a Pro Bono mediator at the new Rockland County Community Dispute Resolution Center in Nyack. I have also accepted Pro Bono assignments from the Rockland County Surrogate's Court to represent the interests of incapacitated and indigent persons who have matters pending before the Surrogate.

What is your opinion regarding clients educating themselves on legal issues?

Knowledge is power. The philosophy underlying my professional practice is that the parties should become empowered by what they experience as my clients. Adding a phrase to the well-known slogan of a New York area clothing store, "An educated and honest client is my best customer." I should add that on a couple of occasions early in my career, a couple of clients with whom I shared NOLO publications decided that they could accomplish what needed to do without my assistance. One succeeded. The other died intestate creating unintended complications for her children and other survivors, because she refused my offers to review the documents she prepared for fear of having to pay for me to review them (as the mother of one of my wife's dearest friends, the fee would have been nominal).

Are you willing to review documents prepared by clients?

I am highly willing to review documents prepared by clients.

Are you willing to coach clients who want to represent themselves?

I am highly willing to coach clients who want to represent themselves.

Why did you decide to be a lawyer?

I was initially impressed by the lawyers involved with the Civil Rights Movement of the 1950's and 1960's. My parents were involved with Civil Rights in the New York area. I later learned about the lawyers as an undergraduate at Oberlin College and later at Columbia University (many of them were Columbia College or Law grads).

Nonetheless, by the time I graduated from law school in the early 1980's, after Reagan's inauguration and, later, Pataki's election, I became disillusioned with the courts as a forum for the pursuit of progressive social change or meaningful equal rights for all. I believe that I made the right choice by becoming a lawyer. Legal education provided me with a set of skills and a framework for looking at what's happening in society, the world we live in, and the communities in which I actually live and participate.

What work experience and education helps you be a better lawyer?

My experience as a court attorney, training as a mediator, with its emphasis on the primary importance on attentive listening and the primacy of relationships as the building blocks of human life, and 20 years of civil practice representing clients from a wide variety of ethnic and socio-economic backgrounds, have served to make me a better lawyer.

These experiences combined to heighten my sensitivity to the meanings of words and the narratives of the people to whom I listen as an attorney and a mediator.

Why did you decide on your primary area of practice?

My primary areas of practice -- probate and estate planning, administration and civil mediation and dispute resolution and management probably chose me. Both arose from my service on the West Harlem Community Planning Board (Manhattan Community Planning Board 9). It was through that service that I met Howard R. Levine, my mentor on matters pertaining to wills and estates. The Community Board also sponsored my initial training as a Community Dispute Mediator at the Institute for Mediation and Conflict Resolution. In the process of completing their certification program, I realized that I wanted to make mediation and conflict resolution a central part of my professional life. I have also found that working with families in connection with the planning and administration of estates has provided opportunities for me to practice and for my clients to benefit from these skills and experience.

What do you like best about your career?

I like the combination of working directly with my clients and the intellectual and strategic challenges that advancing their interests present.

Tell us about your law firm:

I am a solo practitioner, so all of my clients deal directly with me. The business center where I work provides me with two terrific administrative assistants who are attentive to all of my client's immediate needs and an excellent office and conference rooms for meetings with clients. I have attorney colleagues on site or available to me via telephone or internet who can answer questions or refer me to resources that might be helpful to my clients.

What are your strengths and style?

My strengths arise from the importance I assign to mindfulness, appreciative listening and inquiry, and simple and direct two-way communication along with written expression. My focus is on empowering clients. This is a win for them and for me. An empowered client makes it easier for me to do the job the client has asked me to do.

My style is informal and mindful. I instinctually try to find the common ground or "hook" that will facilitate the interaction between us. Many people who meet me express surprise that I am a lawyer.

Personal Interests:

I am a "lapsed musician." I was a pretty serious jazz/rock keyboard player until I went to law school and believe I'm going to get some of those "chops" back in the coming year by enhancing my other "piano practice."

I am also active as a volunteer board member of two "faith based" organizations that work to end chronic homelessness. I am Assistant Treasurer of the NYC Interfaith Center on Homelessness and Housing, a coalition of more than 50 churches, synagogues, mosques, Buddhist, and other faith communities in the New York City metro area and Chairman of the Board of the Beyond Shelter Coalition, a consortium of 28 Orthodox, Conservative, Reform, Reconstructionist and other Jewish Congregations/Institutions on Manhattan's West Side. Both groups assist people who have experience homelessness and work to promote public policies intended to end chronic homelessness through the preservation, rehabilitation, and creation of permanent affordable and supportive housing.

Fax

(212) 756-8603

Office Hours

Monday through Friday
9:30 a.m. to 5:30 p.m.

Emergency After Hours

Yes

Foreign Languages

Spanish and Portuguese.

Additional Offices

New York, NY
RSussmanMediator@aol.com
122 East 42nd Street, 17th Floor
New York, NY 10168
(212) 756-8602

Fixed-Price Services and Fees

My fee for a basic Last Will & Testament is $500. This includes all meetings and review of a questionnaire I provide. More complex wills or trust instruments cost more. Of course, I would consider offering a discount or other incentive if new clients mention NOLO.

Hourly Rates

My basic rate is $250 per hour, however, I have negotiated other rates higher or lower. If the Will or Trust appoints me as Attorney for the Estate, then these fees are merged with a fee of 5% of the gross estate plus 1% of the sale price for any real property that is sold by the estate for preparing the paper work required for the closing transaction and participating in the marketing and negotiating of the sale price of the property.

Free Initial Consultation?

Yes. The free initial consultation is generally 30 minutes to an hour.

Typical Retainer

$1,500 to $5,000, but it depends on the client's resources and the nature of the matter. If the client appoints me as Attorney for the Estate, the retainer is returned from funds deposited in the estate account as soon as they are available.

Understanding Fees

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