text:
Frank W. Streng, Esq.
McCarthy Fingar LLP
11 Martine Avenue
12th Floor
White Plains, NY 10606-1934
914-385-1022 (voice)
914-946-0134 (fax)
e-mail: email@example.com
New York State Bar Association
Trusts and Estates Section
Spring, 2011
"Estate Litigation"
Ethical Issues for Trusts and Estates Lawyers
Introduction – Source Materials
Structure of New Code: the Bullet Points
Structure of Outline: Take us through the New Code and ethical rules and cases relevant to Surrogate's Court practice
In general the court, in determining the justice and reasonableness of an attorney's claim for services, should consider the time spent, the difficulties involved in the matters to which the services were rendered, the nature of the services, the amounts involved, the professional standing of the counsel, and the results obtained.
Rule 1.6
(a) A lawyer shall not knowingly reveal confidential information, as defined in this Rule, or use such information to the disadvantage of a client or for the advantage of the lawyer or a third person, unless:
(1) the client gives informed consent, as defined in Rule 1.0(j);
(2) the disclosure is impliedly authorized to advance the best interests of the client and is either reasonable under the circumstances or customary in the professional community; or
(3) the disclosure is permitted by paragraph (b).
"Confidential information" consists of information gained during or relating to the representation of a client, whatever its source, that is (a) protected by the attorney-client privilege, (b) likely to be embarrassing or detrimental to the client if disclosed, or (c) information that the client has requested be kept confidential. "Confidential information" does not ordinarily include (i) a lawyer's legal knowledge or legal research or (ii) information that is generally known in the local community or in the trade, field or profession to which the information relates.
(b) A lawyer may reveal or use confidential information to the extent that the lawyer reasonably believes necessary:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the client from committing a crime;
(3) to withdraw a written or oral opinion or representation previously given by the lawyer and reasonably believed by the lawyer still to be relied upon by a third person, where the lawyer has discovered that the opinion or representation was based on materially inaccurate information or is being used to further a crime or fraud;
(4) to secure legal advice about compliance with these Rules or other law by the lawyer, another lawyer associated with the lawyer's firm or the law firm;
(5) (i) to defend the lawyer or the lawyer's employees and associates against an accusation of wrongful conduct; or
(ii) to establish or collect a fee; or
(6) when permitted or required under these Rules or to comply with other law or court order.
CPLR 4503(a) "[U]nless the client waives the privilege, an attorney . . . shall not disclose, or be allowed to disclose such communication . . . ."
CPLR 4503(b) "in any action involving the probate, validity or construction of a will, an attorney or his employee shall be required to disclose information as to the preparation, execution or revocation of any will or other relevant instrument, but he shall not be allowed to disclose any communication privileged under subdivision (a) which would tend to disgrace the memory of the decedent."
This court is of the opinion that a fiduciary has an obligation to disclose the advice of counsel with respect to matters affecting the administration of the estate (2A Scott, Trusts § 173 [4th ed]). This is subject to the limitation that the fiduciary should have the protection of the privilege when litigation has commenced or is anticipated (2A Scott, Trusts § 173 [4th ed]); see, In re LTV Sec. Litig., 89 FRD 595). Certainly, the fiduciary is entitled to the benefit of counsel in the preparation of his defense in a contested accounting or other proceeding.
Id. at 577 (Emphasis Supplied)
Can you take a case if you will be a witness?
Rule 3.7
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness on a significant issue of fact unless:
(1) the testimony relates solely to an uncontested issue;
(2) the testimony relates solely to the nature and value of legal services rendered in the matter;
(3) disqualification of the lawyer would work substantial hardship on the client;
(4) the testimony will relate solely to a matter of formality, and there is no reason to believe that substantial evidence will be offered in opposition to the testimony; or
(5) the testimony is authorized by the tribunal.
(b) A lawyer may not act as advocate before a tribunal in a matter if:
(1) another lawyer in the lawyer's firm is likely to be called as a witness on a significant issue other than on behalf of the client, and it is apparent that the testimony may be prejudicial to the client; or
(2) the lawyer is precluded from doing so by Rule 1.7 or Rule 1.9.
* * * *
New Rule 3.7(a) as compared to 5-102(A) (C):[1]
Q: May an attorney-draftsman initially represent the proponent, as the nominated executor, in a probate proceeding? If so, may he continue if SCPA 1404 exams are requested? If so, may the attorney-draftsmen continue to represent the proponent if he is one of only two witnesses to the Will? Suppose the attorney-draftsman's law firm represents the sole residuary legatee under the Will, may he represent the proponent? Suppose objections to the Will are filed, may the attorney-draftsman continue to represent the proponent?
A: All these questions were posited and decided in a decision entered by Surrogate Reitz, Putnam County, in an unpublished Decision entered January 26, 2009 in the Matter of Skolinsky.
The facts in Skolinsky led to a disqualification of the attorney-draftsman's law firm from presenting the proponent of Mr. Skolinsky's Will. Here, the attorney-draftsman represented the proponent in the probate proceeding and also was one of two witnesses to propounded Will. In addition, the attorney's law firm also represented the sole residuary charitable beneficiary. Counsel for the potential objectants moved to compel certain documents from the attorney-draftsmen during a 1404 examination which pertained to the charitable beneficiary and also sought to disqualify the attorney-draftsman's law firm from representing the proponent.
Surrogate Reitz reasoned that:
"Although it is well recognized that a party to litigation may select an attorney of his or her own choosing, this general right is not limitless, citing Green v Green, (citation omitted). Disqualification is in order where there is a reasonable probability of disclosure of confidential information obtained in a prior representation (citation omitted). Moreover, disqualification is in order when the testimony of an attorney-witness is necessary, citing S & H Hotel Ventures Limited Partnership v 777 S.H. Corp, 69 NY 2d 445-446 (1987)."
Q: May an attorney who is the executor of an estate, represent himself as the fiduciary in a discovery proceeding?
Consider Matter of Walsh, 17 Misc. 3d 407 (Surr. Ct., Bronx, 2007); Surrogate Holtzman, found that "in this SCPA 2103 discovery proceeding, the respondent moves to disqualify the petitioner, who is the executor of the estate and an attorney, from representing himself in his fiduciary capacity. The respondent contends that the advocate-witness rule mandates the petitioner's disqualification (Code of Professional Responsibility, DR 5-102 [22 NYCRR 1200.21]. The novel issue presented is whether the petitioner has the same right to represent himself in his fiduciary capacity as he does individually. The court holds that he does not." Id. at 408.
The Walsh case involved an interesting clash between an individual's fundamental right to represent him or herself and the ethical proscription against an advocate also being a witness in a proceeding (DR 5-102). Walsh case involved a SCPA 2103 discovery proceeding commenced by the executor, an attorney who was representing himself as the petitioner. The respondent moved to disqualify the attorney because the respondent had consulted a lawyer friend about an issue in the proceeding and, through happenstance, the lawyer friend subsequently consulted the petitioner-lawyer who gave certain advice contrary to the position he was taking in the discovery proceeding.
In analyzing the issue, the court was required to balance the strong policy in favor of the right to counsel of one's choice and the right to represent oneself, against the code's proscription against an advocate acting as a witness. The policy behind the advocate witness rule is that the roles of an advocate and a witness are inconsistent as it is unseemly for the advocate/witness to argue his own credibility before the trier of fact.
Surrogate Holtzman held that the policy behind the advocate/witness rule trumps the right of self-representation where the advocate is not a party in his/her individual capacity.
Rule 1.7
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if a reasonable lawyer would conclude that either:
(1) the representation will involve the lawyer in representing differing interests; or
(2) there is a significant risk that the lawyer's professional judgment on behalf of a client will be adversely affected by the lawyer's own financial, business, property or other personal interests.
(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
(2) the representation is not prohibited by law;
(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
(4) each affected client gives informed consent, confirmed in writing.
Comparison of the Old Code and the new rules:[2]
Perhaps, the most notable change in the new Rule 1.7, as compared to the old Code, is the requirement that a client's give informed consent which must be confirmed in writing. I believe this means that the lawyer must set down in a writing the potential consequences to the clients where a simultaneous or multiple party presentation is anticipated. The commentaries on the new rules (which I believe have not yet been adopted) point out that the writing does not supplant the conversation with the client. Rather, the writing confirms the oral communication.
In Roy Simon's NY Code of Professional Responsibility, [Annotated (1998 ed) with respect to DR 105] he suggested that the following points be substantially discussed with the client and confirmed in the writing:
Gary B. Freidman and John R. Morken's Article in their NYS Bar Journal, Winter, 2001, at page 22 entitled "Estates with Multiple Fiduciaries Pose Ethical and Practical issues for Attorneys and Clients Like", suggested that to implement these principles, some or all of the following subjects should be covered in a consent/disclosure letter when multiple fiduciaries are to be represented:
Comments: Some of these provisions might seem onerous, possibly causing the clients not to hire the attorney. However, that is precisely the point - to wit, the estate attorney should approach any multiple representations with a great deal of caution. Further, multiple representation where there are actual conflicts of interest should be avoided assiduously. In addition, when these issues have both been discussed and put in writing in the engagement letter, the clients are able to make an educated decision whether to proceed with one attorney or seek separate counsel.
Q: Does a lawyer who obtained consent to a conflict prior to the effective date of the new rules needs to obtain a new consent to the conflict?
A: In Ethics Opinion # 829, published in the NYS Bar News, May/June, 2009, Special Counsel Richard Rifkin, answered this transitional question in the negative. Rifkin opined that although the Appellate Division of the Supreme Court set the effective date of the new rules to be April 1, 2009, "there is no basis to conclude that consents given prior to the adoption of the new Rules are impaired or invalid…"
Q: May a lawyer represent a husband and wife in preparing wills and trusts and related estate planning?
A: Yes, it happens frequently. Since the enactment of the new rules, the attorney must obtain in writing the informed consent of the couple; the best practice is to insert the pertinent disclosure into the engagement letter.
Q: Should you discuss with the couple the potential conflicts?
A: Yes, consider the new Rule and its definition of the informed consent with confirmation in writing of the oral discussion about future potential conflicts. The more obvious situations where potential conflicts may arise are couples on their second and third marriages present additional complexities. For example, where couples are waiving elective shares or executing pre-nuptial agreements, an attorney should never represent both couples. A less than clear situation is when an attorney is drafting will for couples who cannot agree on the ultimate beneficiaries of the estate, or cannot agree on the choice of guardians for their minor children. In such situations, the attorney is wise to be clear with clients that their respective communications with the attorney and each spouse are open to each spouse and not considered confidential.
Q: What happens if the couple later separates or divorces? May the attorney continue with representing one spouse for estate planning matters?
A: Not likely, the attorney will need to obtain the other spouse's waiver and consent.
Comment: In a second marriage situation, it is understandable that a lawyer may find it difficult to represent the interests of both the second wife income beneficiary and the children from the first marriage remainder persons. See Matter of Heller, 23 A.D.3d 61 (2d Dep't 2005), aff'd, 6 N.Y.3d 649 (2006) which is a case dealing with a unitrust election by a trustee.
Q: May one attorney represent family members as the 'family lawyer"?
A: Yes, says the American College of Trusts and Estates Counsel. In some instances the clients may actually be better served by such a representation, which can result in more economical and better coordinated estate plans. "… Recognition should be given to the fact that estate planning is fundamentally non-adversarial in nature…" See generally, ACTC Commentary on MRPC 1.7.
Comment: Two cases recite these principals where clients may be better served by retaining counsel to represent the family as a unit, including possible family controlled entities in the context of estate planning, administration and even litigation. See Matter of Brandman [NYLJ, 11/15/99, 29, col. 3]; and Matter of Roccesano, [NYLJ, 6/11/2002, 34, col. 1].
Contrast these principles with the argument attempted by the attorney for the executor facing a motion to disqualify him from representing a residuary legatee in the Estate of Harris [NJLJ, 8/27/2008, 34, col. 5]. The attorney argued that his law firm had been appearing on behalf of the estate, rather than the executor. The Court found that such an argument is technically incorrect. The attorney represents the personal representative of the estate, not the estate itself or the beneficiaries of the estate.
In Harris, the firm's representation of the executor had continued for one year and the executor terminated the law firm's representation. Thereafter, a residuary legatee of the same estate retained the same firm to commence a SCPA 711 proceeding to revoke the executor's letters testamentary. Surrogate Feinberg held that the executor had met three conditions necessary to cause the irrebuttable presumption of disqualification to arise, to wit: the existence of an attorney-client relationship in a substantially related action; the interests of the executor and the attorney's new client are materially adverse; and the executor is entitled to be free from apprehension that the attorney's prior representation of him will inure to the advantage of the adversary.
Q: May a lawyer who represented co-administrators in the original petition seeking letters of administration, later represent one administrator compelling an accounting in the same estate from the other executor?
A: Not likely
Consider in Matter of Hof, 102 A.D.2d 591 (2d Dep't 1984)], the Appellate Division, Second Department, reversed Surrogate Laurino's decision which, without an evidentiary hearing, denied a motion to disqualify the estate attorney from representing Philip Hof, as one the administrator against Mrs. Hof, the decedent's surviving spouse by a subsequent marriage as the other administrator.
You may wonder on what basis did the Surrogate deny the motion to disqualify the estate attorney? Judge Laurino relied upon Matter of Dix (11 A.D.2d 555). The Dix case involved dual representation in a probate proceeding. The party seeking disqualification, the decedent's widow, Mrs. Dix, had originally joined in seeking probate of the will as a coexecutrix, then withdrew as a co-petitioner and contested probate. The appellate division in Dix reasoned, there was no representation of a conflicting interest or potential for use of confidential information. Surrogate Laurino also relied upon the well recognized holding by the Court of Appeals in 1979, articulated in Green v Greene [47 N.Y.2d 447] that a party to litigation may select an attorney of his or her own choosing. In Hof, however, the Appellate Division noted Philip was not a party to the appeal, and the record below was devoid of evidence indicating Philip's choice of attorney. Mrs. Hof's motion to disqualify the attorney was held not to be a litigation strategy. Rather, the Appellate Division reasoned that the attorney's
"[C]ontinued representation under the circumstances would tend to inflame the atmosphere of distrust extant between the co-administrators, impede the cooperation between their counsel and the free flow of information between them, resulting in the prolongation of the final settlement of the estate to the detriment of all the distributees. Further representation of Philip Hof could tend to taint that testimony and further the appearance of impropriety."
Id at 598.
Q: May a lawyer for a grantor also represent the trustee?
A: Rule 1.7(a)(1) provides that a lawyer may not represent a client "if the representation will involve the lawyer in representing differing interests."
Q: Do grantors and trustees have differing or directly adverse interests?
A: The answer may depend on the facts and circumstances in each case.
Consider the case of In Matter of Ruth Harmon, [NYLJ, Oct. 16, 2006, p 42, col. 6 (Surr. Ct., Suffolk)]. The settlor of an inter vivos trust sought to remove the trustees and obtain the trust's assets. The settlor then moved to disqualify the attorney for the trustees on the ground that he had been the settlor's attorney in drafting the trust indenture, citing DR 5-108. The trustees' attorney argued in opposition that, following the creation of the trust, the settlor had hired two other attorneys to set the trust aside, and that he had represented the trustees since inception without objection from the settlor.
The Surrogate in Ruth Harmon began by setting forth the requirements for disqualification:
A party seeking disqualification of opposing counsel must satisfy three criteria in order for the court to conclude that there is an irrebuttable presumption of disqualification:
(1) the existence of a prior attorney-client relationship between the moving party and opposing counsel;
(2) that the matters involved in both representations are substantially related, and
(3) that the interests of the present client and the former client are materially adverse.
In Ruth Harmon, the court ruled that the settlor had failed to meet this test based on the papers submitted and scheduled a hearing 'before summarily disqualifying a party's chosen counsel.
Q: May a lawyer cure a potential violation with informed consent?
A: Informed consent is defined in Rule 1.0(j):
"Informed consent" denotes the agreement by a person to a proposed
course of conduct after the lawyer has communicated information
adequate for the person to make an informed decision, and after the
lawyer has adequately explained to the person the material risks of
the proposed course of conduct and reasonably available alternatives.
Q: May the grantor's lawyer also represent the beneficiaries?
A: Conflicting interests between grantors and beneficiaries may arise. The grantor's wishes may not necessarily be in the best interests of the beneficiaries.
Q: May a lawyer represent the interests of the trustee and the beneficiaries?
Q: May a lawyer represent co-executors, where one is a corporate fiduciary and the other an individual where there is an allegation involving the Prudent Investor Act?
A: It depends.
Yes, if the decision about investing funds is supported by both executors. EPTL 10-10.7 provides that a joint power conferred upon two fiduciaries may be exercised jointly by both such fiduciaries. In general, a joint power is one which requires the exercise of discretion and in addition, that they act unanimously, (Fritz v. City Trust Co., 72 A.D. 532, aff'd, 173 NY 622; See also Scott on Trusts, [4th ed.] § 194).
No, if they do not appear to be aligned as in the following case.
Consider the Estate of Iskyan, (NYLJ, 10/12/1994, p. 28, col. 3, Surrogate Court, Nassau County), where Surrogate Radigan found that the duty to invest funds is one which requires the exercise of judgment and discretion and accordingly requires that the trustees act jointly, and in the case of two, since there are only two, unanimously. Hence, the Court concluded that:
"While the prayer for relief requests that the bank alone be authorized to make investments, the cases indicate the proper relief may include a direction to exercise the power or where the refusal to join in the exercise of a power is unreasonable, the trustees removal (Scott on Trusts [4th ed.] § 194)." Id.
Q: May a lawyer represent both the income beneficiaries and the remainder persons?
A: Trust litigation case law highlights many of the conflicts that can arise between income beneficiaries and remainder persons. However, are these conflicts so pervasive that a lawyer can never represent both interests under Rule 1.7?
Comment: As a practical matter, a lawyer may find it difficult to obtain informed consent from both parties.
For example, consider the case of Margesson v. Bank of New York, 291 A.D.2d 694 (3d Dep't 2002)
"She [the administrative officer] had no conversation with
[the investment officer] regarding this sale or the plaintiff's
need as income beneficiary. [The investment officer] has a
responsibility to communicate with [the administrative
officer]... to ensure his understanding of the investment
objectives." Id at __.
Conceptually the new rule is similar to DRs 5-108 (A) (1) but the new rule combines disqualification and imputation into a single subparagraph and applies the concepts to prospective clients. However, Rule 1.18(c) disqualifies a lawyer from opposing a former prospective client in a substantially related matter only "if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter." Id. There are exceptions created by Rule 1.18(d). The Harris case, discussed earlier, is a good example of this rule.
A lawyer may accept a gift from a client if the transaction meets general standards of fairness. If a client offers the lawyer a gift, paragraph (c) does not prohibit the lawyer from accepting it, although such a gift may be voidable by the client. Before accepting a gift offered by a client, a lawyer should urge the client to secure disinterested advice from an independent, competent person who is cognizant of all of the circumstances. In any event, due to concerns about overreaching and imposition on clients, a lawyer may not suggest that a gift be made to the lawyer or for the lawyer's benefit.
Almost needs no introduction: It started with an attorney, in which, in 1931, the Court of Appeals held that, in the absence of an acceptable explanation, a jury would be justified in drawing an inference of undue influence as to a bequest drafted by the drafting attorney to the drafting attorney. Court advised: have someone else draw the Will under these circumstances.
There may be circumstances which can justify a lawyer's conduct in offering his services as executor. Principally, those circumstances must be such as support a firm conviction that the client would request his lawyer to serve in that capacity if he were aware of the lawyer's willingness to accept the responsibility. Not only should the lawyer have enjoyed a long-standing relationship with the client, but it must also appear that the client is experiencing difficulty in selecting other persons qualified and competent to serve as executor.
(Emphasis Supplied)
(The paragraphs below are reprinted with permission from McQuaid, Streng and LaPiana, NEW YORK WILLS AND TRUSTS (3rd Ed. Lexis, 1998))
Persons who are in a confidential relationship to a testator, and who receive legacies or other benefits under a will, have a special burden to explain the circumstances leading to such benefit. The principle leading to this rule was enunciated by the Court of Appeals in 1931 in Matter of Putnam,21 in which the Court said: "Attorneys for clients who intend to leave them or their families a bequest would do well to have the will drawn by some other lawyer. Any suspicion which may arise of improper influence used under the cover of the confidential relationship may thus be avoided."22
Under the Putnam Rule, a legacy in favor of a person who is in a confidential relationship to the testator may be excised from a will if the Surrogate finds that the legacy was the product of undue influence. While the Putnam Rule is an offspring of the objection of undue influence,23 the Surrogate can allow the probate of the will but expunge the legacy.24 In applying the rule, the court either requires the submission of an affidavit or schedules a hearing to explore the circumstances that led to the legacy.
The Putnam Rule has its most obvious application to an attorney- drafter, but it has been applied to individuals who share different confidential relationships with the testator, including, but not limited to, relatives of the attorney-drafter,25 doctors,26 nurses,27 nursing home personnel,28 accountants and financial advisors,29 and clergy.30 If another attorney is selected to prepare a will in which the testator's primary attorney, or a member of his or her family, is a beneficiary, the attorney who is selected must be independent of the control or interest of the initial attorney.31
In a developing area of the law, the Putnam Rule has been used by Surrogates to review the propriety of the designation of an attorney- drafter as an executor or trustee under the will. In Matter of Weinstock,32 the Court of Appeals reinstated a Surrogate's decree in which letters testamentary had been denied to attorneys, a father and a son, who were named as executors in a will prepared by the father, but who had had no previous professional relationship with the testator. Noting that the attorneys were aware of the testator's intention to avoid executor's commissions, the Court held that the testator's confidential relationship with the attorneys required that the attorneys disclose the effect of a joint designation to the testator.33
The designation of attorneys as fiduciaries, which is illustrated by Weinstock , has led to close supervision by Surrogate's Courts over compensation to the attorney-fiduciary for both legal services and statutory commissions. In Matter of Laflin ,34 the Appellate Division, Second Department, held that objections to multiple executors' commissions may be made by the beneficiaries in the final accounting proceeding. And in view of the "fact that an attorney draftsman of a will is uniquely situated to selfishly gain additional employment"35 as counsel for a testator's estate, Surrogates generally are giving strict scrutiny to attorney fees for the attorney-fiduciary.36
Competent Representation of Client (Rule 1.1)
Rule 1.1
(a) A lawyer should provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
(b) A lawyer shall not handle a legal matter that the lawyer knows or should know that the lawyer is not competent to handle, without associating with a lawyer who is competent to handle it.
(c) A lawyer shall not intentionally:
(1) fail to seek the objectives of the client through reasonably available means permitted by law and these Rules; or
(2) prejudice or damage the client during the course of the representation except as permitted or required by these Rules.
Rule 1.14
(a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a conventional relationship with the client.
(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
(c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.
"A lawyer serving as a client's attorney-in-fact may not petition for the appointment of a guardian without the client's consent unless the lawyer determines that the client is incapacitated; there is not practical alternative, through the use of the power of attorney or otherwise, to protect the client's best interests; and there is no one else available to serve as petitioner. Subject to conflict of interest restrictions, if the lawyer petitions for the appointment of a guardian, the client does not oppose the petition, and the lawyer will not be a witness in a contested hearing, the lawyer may represent him-or herself in the proceeding."
Rule 1.15
(a) Prohibition Against Commingling and Misappropriation of Client Funds or Property.
A lawyer in possession of any funds or other property belonging to another person, where such possession is incident to his or her practice of law, is a fiduciary, and must not misappropriate such funds or property or commingle such funds or property with his or her own.
(b) Separate Accounts.
(1) A lawyer who is in possession of funds belonging to another person incident to the lawyer's practice of law shall maintain such funds in a banking institution within New York State that agrees to provide dishonored check reports in accordance with the provisions of 22 N.Y.C.R.R. Part 1300. "Banking institution" means a state or national bank, trust company, savings bank, savings and loan association or credit union. Such funds shall be maintained, in the lawyer's own name, or in the name of a firm of lawyers of which the lawyer is a member, or in the name of the lawyer or firm of lawyers by whom the lawyer is employed, in a special account or accounts, separate from any business or personal accounts of the lawyer or lawyer's firm, and separate from any accounts that the lawyer may maintain as executor, guardian, trustee or receiver, or in any other fiduciary capacity; into such special account or accounts all funds held in escrow or otherwise entrusted to the lawyer or firm shall be deposited; provided, however, that such funds may be maintained in a banking institution located outside New York State if such banking institution complies with 22 N.Y.C.R.R. Part 1300 and the lawyer has obtained the prior written approval of the person to whom such funds belong specifying the name and address of the office or branch of the banking institution where such funds are to be maintained.
(2) A lawyer or the lawyer's firm shall identify the special bank account or accounts required by Rule 1.15(b)(1) as an "Attorney Special Account," or "Attorney Trust Account," or "Attorney Escrow Account," and shall obtain checks and deposit slips that bear such title. Such title may be accompanied by such other descriptive language as the lawyer may deem appropriate, provided that such additional language distinguishes such special account or accounts from other bank accounts that are maintained by the lawyer or the lawyer's firm.
(3) Funds reasonably sufficient to maintain the account or to pay account charges may be deposited therein.
(4) Funds belonging in part to a client or third person and in part currently or potentially to the lawyer or law firm shall be kept in such special account or accounts, but the portion belonging to the lawyer or law firm may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by the client or third person, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved.
(c) Notification of Receipt of Property; Safekeeping; Rendering Accounts; Payment or Delivery of Property.
A lawyer shall:
(1) promptly notify a client or third person of the receipt of funds, securities, or other properties in which the client or third person has an interest;
(2) identify and label securities and properties of a client or third person promptly upon receipt and place them in a safe deposit box or other place of safekeeping as soon as practicable;
(3) maintain complete records of all funds, securities, and other properties of a client or third person coming into the possession of the lawyer and render appropriate accounts to the client or third person regarding them; and
(4) promptly pay or deliver to the client or third person as requested by the client or third person the funds, securities, or other properties in the possession of the lawyer that the client or third person is entitled to receive.
(d) Required Bookkeeping Records.
(1) A lawyer shall maintain for seven years after the events that they record:
(i) the records of all deposits in and withdrawals from the accounts specified in Rule 1.15(b) and of any other bank account that concerns or affects the lawyer's practice of law; these records shall specifically identify the date, source and description of each item deposited, as well as the date, payee and purpose of each withdrawal or disbursement;
(ii) a record for special accounts, showing the source of all funds deposited in such accounts, the names of all persons for whom the funds are or were held, the amount of such funds, the description and amounts, and the names of all persons to whom such funds were disbursed;
(iii) copies of all retainer and compensation agreements with clients;
(iv) copies of all statements to clients or other persons showing the disbursement of funds to them or on their behalf;
(v) copies of all bills rendered to clients;
(vi) copies of all records showing payments to lawyers, investigators or other persons, not in the lawyer's regular employ, for services rendered or performed;
(vii) copies of all retainer and closing statements filed with the Office of Court Administration; and
(viii) all checkbooks and check stubs, bank statements, prenumbered canceled checks and duplicate deposit slips.
(2) Lawyers shall make accurate entries of all financial transactions in their records of receipts and disbursements, in their special accounts, in their ledger books or similar records, and in any other books of account kept by them in the regular course of their practice, which entries shall be made at or near the time of the act, condition or event recorded.
(3) For purposes of Rule 1.15(d), a lawyer may satisfy the requirements of maintaining "copies" by maintaining any of the following items: original records, photocopies, microfilm, optical imaging, and any other medium that preserves an image of the document that cannot be altered without detection.
(e) Authorized Signatories.
All special account withdrawals shall be made only to a named payee and not to cash. Such withdrawals shall be made by check or, with the prior written approval of the party entitled to the proceeds, by bank transfer. Only a lawyer admitted to practice law in New York State shall be an authorized signatory of a special account.
(f) Missing Clients.
Whenever any sum of money is payable to a client and the lawyer is unable to locate the client, the lawyer shall apply to the court in which the action was brought if in the unified court system, or, if no action was commenced in the unified court system, to the Supreme Court in the county in which the lawyer maintains an office for the practice of law, for an order directing payment to the lawyer of any fees and disbursements that are owed by the client and the balance, if any, to the Lawyers' Fund for Client Protection for safeguarding and disbursement to persons who are entitled thereto.
(g) Designation of Successor Signatories.
(1) Upon the death of a lawyer who was the sole signatory on an attorney trust, escrow or special account, an application may be made to the Supreme Court for an order designating a successor signatory for such trust, escrow or special account, who shall be a member of the bar in good standing and admitted to the practice of law in New York State.
(2) An application to designate a successor signatory shall be made to the Supreme Court in the judicial district in which the deceased lawyer maintained an office for the practice of law. The application may be made by the legal representative of the deceased lawyer's estate; a lawyer who was affiliated with the deceased lawyer in the practice of law; any person who has a beneficial interest in such trust, escrow or special account; an officer of a city or county bar association; or counsel for an attorney disciplinary committee. No lawyer may charge a legal fee for assisting with an application to designate a successor signatory pursuant to this Rule.
(3) The Supreme Court may designate a successor signatory and may direct the safeguarding of funds from such trust, escrow or special account, and the disbursement of such funds to persons who are entitled thereto, and may order that funds in such account be deposited with the Lawyers' Fund for Client Protection for safeguarding and disbursement to persons who are entitled thereto.
(h) Dissolution of a Firm.
Upon the dissolution of any firm of lawyers, the former partners or members shall make appropriate arrangements for the maintenance, by one of them or by a successor firm, of the records specified in Rule 1.15(d).
(i) Availability of Bookkeeping Records: Records Subject to Production in Disciplinary Investigations and Proceedings.
The financial records required by this Rule shall be located, or made available, at the principal New York State office of the lawyers subject hereto, and any such records shall be produced in response to a notice or subpoena duces tecum issued in connection with a complaint before or any investigation by the appropriate grievance or departmental disciplinary committee, or shall be produced at the direction of the appropriate Appellate Division before any person designated by it. All books and records produced pursuant to this Rule shall be kept confidential, except for the purpose of the particular proceeding, and their contents shall not be disclosed by anyone in violation of the attorney-client privilege.
(j) Disciplinary Action.
A lawyer who does not maintain and keep the accounts and records as specified and required by this Rule, or who does not produce any such records pursuant to this Rule, shall be deemed in violation of these Rules and shall be subject to disciplinary proceedings.
[1] Portions of the witness advocacy discussion of the outline that follows was prepared by Nancy J. Rudolph, Esq., a partner of Bleakley, Platt & Schmidt LLP, and used with her permission.
[2] Portions of the conflicts of interest discussion of the outline that follows was prepared by Nancy J. Rudolph, Esq., a partner of Bleakley, Platt & Schmidt LLP, and used with her permission.
[3] I acknowledge the assistance of Michael H. Friedman, Esq., a partner of the firm of Kurzman, Eisenberg, Corbin & Lever, LLP, who contributed portions of the outline on SCPA 2307-a.
22 Id at 143, 177 NE at 400. See also New York State Bar Association Code of Professional Responsibility EC 5-5 (1975). See generally Groppe, Putnam/Weinstock Revisited: Problems Facing the Attorney/Legatee/ Fiduciary, 7 Newsletter of General Practice Section NYSBA (1986).
23 See generally Children's Aid Socy v Loveridge, 70 NY 387 (1877).
24 Matter of Lawson, 75 AD2d 20, 428 NYS2d 106 (4th Dept 1980); Matter of Eckert, 93 Misc 2d 677, 403 NYS2d 633 (1978).
25 Matter of Hayes, 49 Misc 2d 152, 267 NYS2d 452 (1966).
26 Matter of Satterlee, 281 AD 251, 119 NYS2d 309 (1st Dept 1953).
27 Matter of McCarthy, 269 AD 145 54 NYS2d 591 (1st Dept 1945), affd , 296 NY 987, 73 NE2d 566 (1947).
28 Gordon v Bialystoker Center, 45 NY2d 692, 385 NE2d 285, 412 NYS2d 593 (1978); Matter of Burke, 82 AD2d 260, 441 NYS2d 542 (2d Dept 1981).
29 Matter of Collins, 124 AD2d 48, 510 NYS2d 940 (9th Dept 1987).
30 Marx v McGlynn, 88 NY 357 (1882) (a precursor to Putnam , in which it is cited, Matter of Putman, 257 NY 140, 144, 146, 177 NE 399, 400-01 (1931)).
31 Matter of Guidi, 259 AD 652, 20 NYS2d 240 (1940).
32 40 NY2d 1, 351 NE2d 647, 386 NYS2d 1 (1976).
33 Id at 5, 351 NE2d at 648, 386 NYS2d at 3.
34 111 AD2d 924, 491 NYS2d 35 (2d Dept 1985).
35 Matter of Stalbe, 130 Misc 2d 725, 727, 497 NYS2d 237, 240 (1985).
36 See, e.g., Matter of Harris, 123 Misc 2d 247, 473 NYS2d 125 (1984). Some Surrogate's Courts require the probate petition to disclose whether an attorney-fiduciary or a member of the firm is a drafter of the will, and if so the drafter is required to prepare and file an affirmation setting forth the facts and circumstances surrounding the testator's selection of the drafter as a fiduciary of the estate. These affirmations, which are sometimes required to be filed in probate and accounting proceedings, are apparently being used to determine the reasonableness of commissions and attorney fees for an attorney-fiduciary.


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Did you like flying around in a Legofied Jedi starfighter in Lego Star Wars? Stuff like that will be just the tip of the iceberg in the sequel, according to publisher LucasArts.
In a press release yesterday, the company announced that Lego Star Wars II will not only add a slew of new vehicles - including X-Wings, plastic dewback lizards (complete with chomping action) and a bricky version of the Millennium Falcon - but it'll integrate them into the platform-hopping gameplay in ways that the first game never did.
"Characters will be able to get in and out of vehicles, and ride creatures," said Tom Stone, one of the game's directors.
We saw a little of this at E3, with Luke Skywalker and Obi-Wan running over civilians in a landspeeder before assembling and driving a couple of AT-ST walkers. It wasn't exactly Grand Theft Auto, but it looked like fun. And if LucasArts is to be believed, it'll go a lot deeper than what we saw, with players able to "run [a landspeeder] through the carwash and sell it to a Jawa," who'll then pay more because it's freshly washed, according to producer David Perkinson.
The vehicle-only levels will be more open as well, with players free to explore in any direction, instead of being stuck on rails like they were in the first game. Additionally, Free Play mode will let you use nearly any vehicle you want in these, to the point of flying the Death Star trench run in a speeder bike.
But to hell with that - we want to do it on a tauntaun. Your move, LucasArts.
To get a look at the Lego rides you'll be able to pilot when the game ships this September, hit the Images tab above.
June 21, 2006

subset: commoncrawl


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One-man show for Old Vic's Spacey
Kevin Spacey is set to tread the boards in a one-man play at The Old Vic.
The 54-year-old House Of Cards actor will perform on stage to celebrate 10 years as artistic director of the London theatre.
The Hollywood star, who steps down next year, will star in Clarence Darrow, a play about the pioneering lawyer of 19th century America of that name.
The production sees the "larger than life" Darrow relive some of the experiences which established his reputation as a courtroom giant and civil rights hero.
Double Oscar winner Kevin played the same character on stage in Inherit The Wind and 22 years ago in the PBS film Darrow.
The Old Vic will also show a "visceral re-imagining" of Arthur Miller's famous play The Crucible, directed by Yael Farber, and has signed up Kristin Scott Thomas to star in Electra, a production of the Greek tragedy by Sophocles directed by Ian Rickson.
Kevin, who has previously appeared in several Old Vic productions including Richard III and The Philadelphia Story, said that he was "thrilled to be returning to The Old Vic stage... a s I celebrate 10 years at the helm of this very special theatre".
The American Beauty star, who will be performing in the round for the first time at the London venue, added: "I know our audience will be excited by this programme and I can't wait to be back on stage myself."
Kevin described the play's English director, Thea Sharrock, who made the Christmas special of Call The Midwife, as "one of the most exciting directors of her generation".
Previews of Clarence Darrow begin on May 28, while The Crucible follows on June 24 and Electra on September 20.
PA Media


text:
Ars was lucky enough to have a reader on hand for last weekend's launch of the LADEE lunar orbiter at NASA's Wallops Flight Facility. He got an introduction to some of the other work done at Wallops, a visit to the Minotaur rocket and its control room, and was on hand to photograph the launch itself. He also provided a first-hand account of the visit and launch.
Listing image by Erik Svensson


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Para Archery
World Archery Federation:
Archery is open to athletes with a physical impairment, who may shoot with assistive devices allowed under classification rules, if required. Para archery competition, which includes specific competition categories for athletes with certain classifications, is an integral part of the Paralympic Games.
The first archery competition for those with physical impairments took place at Stoke Mandeville Hospital in 1948 for recovering veterans.
As participants from other nationalities became involved over the years, this event became the precursor to the Paralympic Games. When the first Paralympiad was held at Rome 1960, para archery was part of the programme – and it has remained there ever since.
International para archery was organised by the International Paralympic Committee until 2009 when responsibility as the governing body for rules, regulations and promotion was transferred to World Archery. Still working closely with the IPC, World Archery promotes para archery at the world, continental and national levels, including additional competition categories in tournaments outside of the Paralympic Games to increase participation and the opportunity for medals.
Any archer can apply to be classified at the international level through their national governing body. A classification does not necessarily make an athlete eligible to compete in a para archery division, but may make them eligible to compete with an assistive device.
Para archery competition classifications currently consist of open, W1 and visually impaired categories. Only a thorough classification examination may determine whether an athlete can compete in any category, however there are basic differences between the three.
Athletes may have impairment in the legs and use a wheelchair or have a balance impairment and shoot standing or resting on a stool. Open category athletes may shoot in recurve or compound competitions, under standard rules, and the category is featured at the Paralympic Games.
Athletes may have impairment in the legs and make use of a wheelchair. W1 athletes may shoot either a recurve or compound bow modified from standard rules, do not have separate competitions for the two disciplines, and the category is featured at the Paralympic Games.
Athletes may have impairment in their vision. V1 athletes must wear blindfolds or black-out glasses while competing. V1, V2/3 athletes use tactile sights and are permitted an assistant sitting or standing one metre behind the shooting line to relay information about the position of the arrows in the target, safety and help with scoring. The category is currently not featured at the Paralympic Games
Paralympic Archery is governed by the South African National Archery Association (SANAA) in terms of the President exercising his right under Article 12 of the
which allows the formation of Sub-Committees, with specific assignments.
This was the wish of the para-archers when they met in Johannesburg in mid January 2012 to discuss the road forward and to vote on the structures that would grow para-archery.
Archery is a test of accuracy, strength and concentration. The sport is open to athletes with a physical disability (including spinal cord injury, cerebral palsy, amputee) in three functional classes as per the
classification rules
. It comprises of individual and team events, standing and wheelchair competitions, as well as events for visual impaired. Competitors shoot at a target marked with ten scoring zones, from a set distance.
The governing body is World Archery (WA), in relation with the International Paralympic Committee (IPC). Para-archery competitions follow the WA Rules (see Book 3, Article 21). Presently 54 countries compete but the number is still growing. Paralympic Archery is governed by the South African National Archery Association (SANAA) in terms of the President exercising his right under Article 12 of the Constitution which allows the formation of Sub-Committees, with specific assignments.
As a Paralympic sport, archery was originally a means of rehabilitation and recreation for people with a physical disability. The first archery competitions for people with a disability were held during the first International Games for the Disabled in Stoke Mandeville, England, in 1948, with the participation of 130 athletes from two countries. In 1960, archery was introduced to the world as a Paralympic sport during the Games in Rome. Since then, archery has always been included in the Paralympic Games competition programme.
Paralympic archery follows World Archery rules with a couple of minor modifications. World Archery rules are the same rules that govern the Olympics. They are available at http://www.archery.org. International Paralympic competition is governed by the International Paralympic Committee (IPC) - online at http://www.paralympic.org.
Because different forms of disability can influence people differently the archer needs to undergo a set of specific tests, the outcome of which will then decide in which class the archer will compete.
The people who administer these tests are called "Classifiers" and they usually have specific professional qualifications in their general lives. They may be doctors, physiotherapists, etc., who have a detailed understanding of how the human body works.
The tests will check the range of movement and the strength of the muscles in the arms, legs and spine.
Para-archery classification is the classification system for para-archery used to create a level playing field for archers with a different range of disabilities. Governance in the sport is through the International Archery Federation. Early classification systems for the sport were created during the 1940s and based on medical classification. This has subsequently changed to a functional mobility classification with the exception of blind archery.
Different forms of disability can affect people differently therefore archers need to undergo a set of specific tests, the outcomes of which then decide which class they can compete in.
As of 2012, people with physical disabilities are eligible to compete. Male and female athletes with a physical disability (as defined by the IPC) can compete in the following divisions: recurve (or classic) bow, compound bow and visually impaired (VI). Within these divisions are open, standing and wheelchair classes with events for individuals and teams. The distance from the target and number of arrows shot is the same for para-archery athletes as for able-bodied competitors[4] except for the Visually Impaired division.[20] Athletes must have a current disability classification card or their results will not qualify for World Records, titles or any other rankings.
There are two major international events in Paralympic Archery – the Paralympics and the World Championships.
For a para-archery athlete to compete at the Paralympic Games, international classification by an International Classification Panel is required. The International Classification Panel will allocate a class to the athlete and rule which assistive equipment the athlete may use. Their ruling overrides all prior classifications including those of a national basis. Athletes must be classified according to their disability and level of impairment. The classification process normally involves a physical assessment to authenticate the disability and evaluate the degree of limitation. The athlete will be observed in competition action. Results will place the athlete in one of the three classes.
Whilst athletes may be deemed to have a disability or impairment, this does not guarantee classification. Athletes may be deemed ineligible to compete based on any of the following findings: (a) their disability does not affect the physical movements required in archery and (b) their primary impairment is not a physical disability.
Athletes may need to undergo the classification process more than once if their impairment is of a progressive nature.
SANAA is incorporating the governance and management of this program, previously handled through the SA Sport for Physically Disabled, with hopes of unifying archers competing within the Olympic and Paralympic Games.
2014 will see some changes in Para Archery
From 1 April 2014 the new rules on classification will apply to all para archery events under the sanction of World Archery. All archers must have the new classification to participate in these events.
To be eligible to compete as a para archer, an athlete will need to get a minimum of 25 points in the lower limbs or 25 points in the upper limbs but they cannot combine the points to reach 25. As a result, it is necessary for all current para archers to be classified again using the new points level.
Introduction to IPC Classifications
The Paralympic Movement offers sport opportunities for athletes that have a primary impairment that belongs to one of the following 10 'eligible' impairment types:
Impaired muscle power
Impairments in this category have in common that there is reduced force generated by the contraction of a muscle or muscle groups (e.g. muscles of one limb, one side of the body, the lower half of the body). Examples of condtions included in this category are para and quadriplegia, muscular dystrophy, post poliomyelitis, spina bifida.
Impaired passive range of movement
Range of movement in one or more joint is reduced in systematical way. Note that hypermobility of joints, joint instability (e.g. shoulder dislocation), and acute conditions of reduced range of movement (e.g. arthritis types of impairment) typically will be excluded as 'eligible impairment'.
Limb deficiency
There is a total or partial absence of the bones or joints as a consequence of trauma (e.g. traumatic amputation), illness (e.g. bone cancer) or congenital limb deficiency (e.g. dysmelia)
Leg length difference
Due to congenital deficiency or trauma, bone shortening occurs in one leg.
Short stature
Standing height is reduced due to aberrant dimensions of bones of upper and lower limbs or trunk (e.g. achondoplasia)
A condition marked by an abnormal increase in muscle tension and a reduced ability of a muscle to stretch. Hypertonia may result from injury, disease, or conditions that involve damage to the central nervous system. When the injury occurs in children under the age of 2, the term cerebral palsy is often used, but it also can be due to brain injury (e.g. stroke, trauma) or multiple sclerosis.
Ataxia is a neurological sign and symptom that consists of a lack of co-ordination of muscle movements. When the injury occurs in children under the age of 2, the term cerebral palsy is often used, but it also can be due to brain injury (e.g. stroke, trauma) or multiple sclerosis.
Athetosis can vary from mild to severe motor dysfunction. It is generally characterized by unbalanced, involuntary movements of muscle tone and a difficulty maintaining a symmetrical posture. When the injury occurs in children under the age of 2, the term cerebral palsy is often used, but it also can be due to brain injury (e.g. stroke, trauma).
Vision impairment
Vision is impacted by either an impairment of the eye structure, optical nerves or optical pathways, or visual cortex of the central brain.
Intellectual impairment
The Paralympic Movement identifies intellectual impairment as "a disability characterized by significant limitation both in intellectual functioning and in adaptive behavior as expressed in conceptual, social and practical adaptive skills. This disability originates before the age of 18" (American Association on Intellectual and Development Disability, 2010). The diagnostics of intellectual functioning and adaptive behavior must be made using internationally recognized and professionally administered measures as recognized by INAS (International Federation for sport for para-athletes with an intellectual disability).
The Paralympic Movement adopted the definitions for the eligible impairment types as described in the World Health Organisation International Classification of Functioning, Disability and Health (2001, World Health Organisation, Geneva)
Each Paralympic Sport has to clearly define for which impairment groups they provide sports opportunities. This is described in the Classification Rules of each sport. While some sports include athletes of all impairment types (e.g. Athletics, Swimming), other sports are limited to one impairment type (e.g. Goalball, Boccia) or a selection of impairment types (e.g. Equestrian, Cycling)
The presence of an applicable eligible impairment is a prerequisite but not the sole criterion of entry into a particular Paralympic Sport.
IPC Classification - Fair and equal competition
To ensure competition is fair and equal, all Paralympic sports have a system in place which ensures that winning is determined by skill, fitness, power, endurance, tactical ability and mental focus, the same factors that account for success in sport for able bodied athletes.
This process is called classification and its purpose is to minimise the impact of impairments on the activity (sport discipline). Having the impairment thus is not sufficient. The impact on the sport must be proved, and each in Paralympic sport, the criteria of grouping athletes by the degree of activity limitation resulting from the impairment are named 'Sport Classes'. Through classification, it is determined which athletes are eligible to compete in a sport and how athletes are grouped together for competition. This, to a certain extent, is similar to grouping athletes by age, gender or weight.
Classification is sport-specific because an impairment affects the ability to perform in different sports to a different extent. As a consequence, an athlete may meet the criteria in one sport, but may not meet the criteria in another sport
Athlete evaluation
When an athlete first starts competing he/she undergoes a process to verify the above criteria are met. This process is conducted by a classification panel, a group of individuals authorized and certified by a Sport Federation to determine the sport class of an athlete. The process (typically) includes:
the verification of the presence of an eligible impairment for that sport
physical and technical assessment to exam the degree of activity limitation
the allocation of a sport class
the observation in competition
When undergoing athlete evaluation, an athlete is only classified for one sport.
If an athlete is not eligible to compete in a sport, this does not question the presence of a genuine impairment. It means:
that the athlete does not have a primary impairment that makes him/her eligible to compete in that particular sport, or
that the severity of the impairment does not significantly impact on the activities required in that particular sport.
Due to the progressive nature of some impairment and their impact on certain activities, athletes are sometimes classified a number of times throughout their career.
When the medical condition of an athlete changes, he/she needs to inform the sport as well and ask for re-assessment.
To compete at international level, an athlete must be classified by an International Classification Panel and their decision overrules any previous classification decision taken by a national classification panel.
As a result of the sport specific classification systems, each sport has its own classifiers. For example, an IPC Ice Sledge Hockey classifier is only certified to classify athletes for this sport, and not for other sports.
For more information about para-archery,
Click here
Sanaa Para-Archery Committee
Shaun Anderson (Chair)
Hennie Myburg (Mapumalanga)
Joey Swart (EP)
Catherine van Zyl (Expert Advisor Physiotherapy & Special needs)
Aurelle Madele (Physiotherapy)
Chisto Myburg (North Gauteng)
Dr Hans Myburg (Medical)
Ria Kaal (Specialist Coach)
William Brown (Coach)
Elizabeth Barry (Classifier & Physiotherapy)
Ilza Anderson (Secretary)
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Dance Tall Sheepskin Boots Chocolate
The dance tall boots are made of sheepskin. The dance tall boots feature three wood buttons tied with elastics.The boots include soft sheepskin insole and light and flexible EVA outsoles. The inner fleece will be exposed if you roll down the top of the boots.
Shop: buysnowboots.co.uk


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Withings necesitaba un nuevo diseño de botón o icono y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 8 diseños de 6 diseñadores freelance.
Have you heard of Withings? We are a French company that produces connected objects. Our first realization is a connected scale, enhanced with an online dashboard where our customer can retrieve their weight, fat mass, lean mass and BMI drawn in curves. This interface can be consult from a computer and from a Smartphone (Iphone, Android and Ipad). We will offer a scale to the winner! (Value: 159USD). We have a great press coverage (New York Times, Wired, …) and some very good feedback (for instance on Amazon)
We developed a Facebook app where you can bet on your friends' next weight. It's called Guess My Weight. The principle is simple. When someone posses a scale, his friends can bet on his weight (will it go up or done? Will he be thinner or fatter?). Then, when the guy steps on his Withings scale, it automatically transmits his weight to the app. If you guessed right, you win. If you guessed wrong, you lose your stake. To help you betting, you can consult his Graph Wall with his weight evolution.
The goal is to offer a funny and quirky way to deal with a sensitive subject. You can check it out at http://apps.facebook.com/wiguessmyweight/
We have two main targets for this app. Our customers (who own a Withings scale) and their friends (who don't). The goal for our customer is to offer a funny way to syndicate their friends to their weight management. The goal for their friends is to make them discover our product and service through a game.
We need a set of 6 icons and 1 picture to express the different actions available on Guess My Weight. For the moment, we put some temporary icons for the beta version. You are completely free to propose a brand new design. We are not looking for an "amelioration" of the existing ones. We would like fresh proposals.
Attached, you will see the temporary icons (to give you a better idea). The main colors of our app are white, blue-sky and gray.
-->The 6 icons: (50x50)
1. Bet plus on the next weight
2. Bet less on the next weight
3. You lose
4. You win
5. No bet possible
6. See your friends' Graph Wall
-->The picture (200Hx250L): Total amount of your points.


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Squirrels have fuzzy tails.
0 Members and 1 Guest are viewing this topic.
The 861 does not have enough I/O pins to drive 4-8 servos and read 2 ADCs. That's also why I suggested the Tiny84 instead of the Tiny85. (Also, needing an ADC disqualifies the really cheap ones.)
I'm looking for a microcontroller with a 1.5 inch (squared) footprint that can interface 4-8 servo motors, and has at least 2 ADC channels. The Axon is just about as small as I can find, but it is still too big.


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Transform your concrete floor into a beautiful surface that has the look of granite or terrazzo. BEHR PREMIUM Decorative Flakes are available in a variety of color combinations to match any décor, adding beauty and elegance to residential and commercial floors. BEHR PREMIUM Decorate Flakes help to hide dirt and surface imperfections and can be used with water and oil-based coatings.
Available In


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Color, pattern, texture. Whatever your preferences and room design needs, we've got an upholstery fabric that works for you. Come into the store to see and touch the hundreds of fabric options in person before you make your final decision on your custom sofa or chair covering. Hand-picked by you, custom made for you.
Create a guest room in minutes right in your living room with a sofa fitted with a sleeper mattress.
We'll specially make a sofa or chair in the fabrics you want, and get it to you faster than those other suppliers. We're always working to reduce lead times and bring the product to to your home faster, usually in as few as 21 days. Check with the store to find a lead time adjusted for your location.
A medium-sized, sleeper sofa with full sized mattress. Features a clean and casual style with contemporary, sloped track arms and welt cord trim. Sofa comes standard with two toss pillows, which can be customized to contrast or match your chosen body fabric. Inquire with your local retailer to see if custom fabric options are available.
The Marinette Full-Size Sleeper with Toss Pillows by Best Home Furnishings at Baer's Furniture in the Ft. Lauderdale, Ft. Myers, Orlando, Naples, Miami, Florida area. Product availability may vary. Contact us for the most current availability on this product.
What do you do with a space like a cabin or vacation house, guest room, or spare room? You still want to get use out of them on a day-to-day basis, even though you don't have people staying in them everyday. The best long term solution is a sleeper sofa like the ones in the Marinette group- sturdy sofas with comfy seats that easily transform into beds when the sleeping space is needed. The Marinette collection is perfect for any space you need to fill with its casual, contemporary design and choice of three sizes of sleeper. For a better night's sleep, upgrade to an Air Dream, air-over-coil mattress for an additional charge.
The Marinette collection is a great option if you are looking for Contemporary furniture in the Ft. Lauderdale, Ft. Myers, Orlando, Naples, Miami, Florida area.
These images are representative of this group as a whole and may differ from this item.
Browse other items in the Marinette collection from Baer's Furniture in the Ft. Lauderdale, Ft. Myers, Orlando, Naples, Miami, Florida area.
This item has been tagged as: Sleeper Sofa, Sleeper Couch, Sofa with a Hide-A-Bed, Queen Sleeper Sofa, Full Size Sleeper Sofa, Sofa Bed, Love Seat Sleeper, Hide-A-Bed, Futon, Futon Sofa Sleepers, Convertible Sofa, Couch with Sleeper, Pull – Out Sofa, Couch That Becomes a Bed, Sofa Beds, Futon That Opens Into A Bed
Nothing on this page may be copied or reproduced without explicit permission.


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I started to convert and improve upon the art assets from the Pacific demo:
This is just to provide the source files for the assets used in Uebergame, but maybe someone else wants to use them, they are converted and brought up to date to work better with the current version of Torque3D. Game ready implementation is in my Uebergame repository.
Terrain textures got remastered and macro maps and new base maps have been added for some layers, they are also tested ingame.
For some shapes I made completely new models and variations, for example the small tree with 2 trunks I converted into 3 models with 1 trunk, this allows more variation.
More will follow when I need it and got the time to convert it.


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Crafaik acquitted: Lawyer calls biting self-defense
Less than two months after Michael's Bistro founder Michael Crafaik was arrested following an incident in which he allegedly bit his new employer, Robin Joslin, a Charlottesville District Court judge has acquitted Crafaik of misdemeanor assault and battery and contempt of court.
"He found Michael not guilty because the initial physical contact was initiated by Mr. Joslin under circumstances where he shouldn't have done that," says Crafaik's attorney, William Tanner, of Judge Robert Downer's December 12 decision.
The tussle in question took place October 24 at Joslin's West Main Street warehouse.
Friends explain that Crafaik had been considering a career change to something other than the restaurant business and had recently begun working for Joslin, owner of Cool Response Refrigeration. But by mid-October, the relationship had cooled.
Though both Crafaik and Joslin decline comment for this story, Joslin's original complaint reveals that on October 20, he was waiting at the warehouse to terminate Crafaik's employment.
When Crafaik arrived, "He was told not to enter the building," Joslin wrote. "He pushed me aside. When I stopped him, he threw a cup of coffee in my face and struck me. I held him down while he bit my arm until police arrived."
Following his arrest, Crafaik– a two-time Republican city council candidate in the mid-1990s– was charged with assault and battery, a Class 1 misdemeanor punishable by a $2,500 fine and up to 12 months in jail.
Friends expressed shock.
"He's a great person to deal with," said his Bistro partner Chuck Adcock. "I can't imagine him getting in this kind of situation. It doesn't make sense."
"He cares a lot about the community," said Eric Strzepek who, like Crafaik, is a libertarian. "He's done a lot of charitable stuff with the restaurant– stuff he doesn't talk about a lot."
Despite his friends' disbelief, Crafaik's situation worsened following his arrest.
After breaking the condition of his bond– which included a court order to stay away from Joslin's home and office– Crafaik allegedly visited Joslin's warehouse in an attempt to locate a witness to the altercation.
On October 31, Assistant Commonwealth's Attorney Claude Worrell wrote a letter to Judge Downer asking him to revoke Crafaik's bond based on that violation. Worrell added that employees of the Quality Council staff, which shares a parking lot with Cool Response, described Crafaik as "acting oddly, as if under the influence of some drug."
That afternoon, Crafaik turned himself in and spent Halloween night in the Albemarle Charlottesville Regional Jail. On the morning of November 1, an unshaven Crafaik, shackled and accompanied in court by his mother, wife, and brother (but not his father, John Crafaik, owner of Littlejohn's Deli), agreed to the original bond terms and was to begin a month-long stay at Williamsburg Place, a substance abuse treatment center.
Crafaik checked in, says Tanner, but before the month was up, he checked out of his own accord.
"It turned out that the facility was not equipped to deal with the various issues Michael was bringing to the table at the time," says Tanner, "emphatically" stressing that Crafaik does not have a substance abuse problem.
With nearly two weeks before the scheduled December 9 hearing, however, Crafaik– his leaving an apparent violation of the court order– was sent back to jail, this time for 11 days.
On Friday, December 9, Downer released Crafaik from jail on bond, and at the rescheduled hearing three days later dismissed the charges.
Crafaik still faces felony larceny charges in Nelson County, also filed by Joslin, but Tanner says he's confident Joslin's claim that Crafaik stole a truck will also be dismissed. A preliminary hearing is scheduled for January 18 in Nelson County General District Court.
Nelson County Commonwealth's Attorney Phillip Payne did not immediately return The Hook's call for comment about the case.
As for the dismissal of the Charlottesville charges, Worrell declines comment, but Crafaik's friends say they're relieved– and not surprised.
"I figured he would be found not guilty once the facts of the case actually got out," says Strzepek, "and I'm very happy about the outcome."
John Michael Crafaik III


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April 13, 2017
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I ask because I think it would be neat to go to that site and get inspiration that would be seasonally or even culturally (holidays, events etc) relevant.
closed as not constructive by John Cavan, mattdm, jrista♦ Dec 21 '12 at 16:58
As it currently stands, this question is not a good fit for our Q&A format. We expect answers to be supported by facts, references, or expertise, but this question will likely solicit debate, arguments, polling, or extended discussion. If you feel that this question can be improved and possibly reopened, visit the help center for guidance. If this question can be reworded to fit the rules in the help center, please edit the question.
The closest I could think of would be to check some websites such as Flickr or Picasa. For example, on Flickr, if you go to the explore section, or check the popular tags (relevant to the season) section http://www.flickr.com/photos/tags, it's very likely that people would upload pictures relevant to the current season/holiday afoot.
The flickr blog http://blog.flickr.net/en also features some "seasonal" posts.
Flickr.com is the best site to get awesome images. As suggested by Matt, use tag feature, it helps you a lot.


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The Story of a New Economy
This is part twenty-nine of a series of blogs based on excerpts adapted from the 2nd edition of Agenda for a New Economy: From Phantom Wealth to Real Wealth. I wrote Agenda to spur a national conversation on economic policy issues and options that are otherwise largely ignored. This blog series is intended to contribute to that conversation. —DK
Some years ago the Filipino activist-philosopher Nicanor Perlas shared an insight with me that has since been a foundation of my work. Each of the three institutional sectors—business, government, and civil society—has its distinctive power competence. Business commands the power of money. Government commands the coercive power of the police and military. Civil society commands the power of authentic moral values communicated through authentic cultural stories. Moral authority ultimately trumps the power of money and guns. Therefore, civil society holds the ultimate power advantage.
This simple frame helped me see the extent to which the global citizen resistance against the corporate misuse of multilateral trade agreements was a contest between competing stories—one fabricated to serve the interests of Empire; the other an authentic story born of the experience and aspirations of ordinary people. According to the story fabricated and promoted by Wall Street's PR machine:
The use of multilateral trade agreements to eliminate national borders as barriers to the free flow of trade and investment is bringing universal peace, prosperity, and democracy to all the world's peoples and nations.
Wow, that sounds wonderful. But even in the early 1990's it was becoming evident that the reality was quite different.
A group of some 50 citizen activist-leaders from around the world began meeting in 1994 to share their actual experience with these agreements. They found a consistent pattern of results wholly contrary to the corporate story, broke the silence, and spread the real story:
Multilateral trade agreements are freeing global corporations from restrictions on their ability to exploit workers, ignore community interests, circumvent democracy, pollute the environment, and expropriate the resources of poor countries, with devastating consequences for people, community, democracy, and nature.
Just as fabricated stories are an instrument of social control, authentic stories are an instrument of liberation. Although corporations controlled the money and the media, the civil society story trumped the corporate story, because it was true to what people were actually experiencing. The awakening of public consciousness changed the political context of corporate-sponsored multilateral trade negotiations and brought them to a near standstill.
A similar process is now playing out. The fabricated story that there is no alternative to the existing Wall Street system is being challenged by the New Economy story that it is possible to create a world of strong communities and living economies. People across the United States and the world are organizing to make the new story a reality in the places where they live.
The New Economy story that we humans are capable of creating a vibrant, peaceful, cooperative world bursting with life resonates deep within the soul of all but the deeply psychologically damaged. Once that connection is made between a possible human future and the soul's deepest yearning, the lies of Wall Street advertisers and propagandists are exposed and trance is broken. We are liberated to take responsibility for our future and get on with living the world of our shared human dream into being.
New Economy messages are spreading through countless conversations to challenge the false claims of the fabricated stories of the old economy culture that:
- It is our inherent human nature to be individualistic, materialistic, greedy, competitive, and violent.
- We live on an open frontier of endless resources that are free for the taking to grow the economy.
- Money is wealth, money defines the value of life, making money is our highest human calling, and everything related to money is best left to the market.
- Government is the problem and unregulated markets are the solution.
As pointed out in previous blogs, the truth is that:
- The human brain is wired to support creativity, cooperation, and life in community. That is our nature. The prevalence of materialism, greed, competition, and violence common in modern society is a symptom of severe cultural and institutional dysfunction.
- We humans inhabit a wondrous but finite living planet with a self-organizing biosphere to which we must adapt our lives and economies.
- Life, not money, is the true measure of value; money's only legitimate use is in life's service. An obsession with making money is a sign of psychological and social dysfunction.
- Markets are essential to the function of a healthy democratic society. Their proper function, however, depends on proper rules implemented by democratic governments under the watchful eye of a strong and dynamic civil society.
Story power is the ultimate power. Authentic stories liberate the human consciousness, build immunity to cultural manipulation, and give us the courage and insight to create a world of peace and prosperity for all.
[Next: Every Great Social Movement]
David Korten on the foundations of a wholly different economy.
What America's current movement against corporate power can learn from that time we overthrew a king.
- Agenda for a New Economy available from the YES! Magazine web store.


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This is one of my favorite summer salads, and the recipe comes from one of my favorite nutrition experts Dr. Miriam Nelson. Check out her StrongWomen website for more great recipes.
Quinoa Summer Salad
Ingredients (serves 4)
- 1 T olive oil
- 1 T freshly squeezed lemon juice
- 4 cloves garlic, minced
- 1 cup quinoa (uncooked)
- 2 cups vegetable broth
- 3 tablespoons fresh parsley, chopped
- 2 fresh basil leaves, chopped
- 1 cup zucchini, chopped
- 1 cup summer squash, chopped
- 10 grape tomatoes, halved
- 1 green bell pepper, chopped
- 1 red bell pepper, chopped
- 1 small onion, finely chopped
- Salt and pepper to taste
- Whisk together the olive oil, 1 T of lemon juice, and garlic.
- Pour into a medium saucepan and add the quinoa.
- Stir occasionally until lightly browned (about five minutes).
- Add the broth and bring to a boil.
- Simmer, cover, and cook until quinoa is tender (about fifteen minutes).
- Remove from heat and pour the mixture into a bowl; toss with parsley, basil, zucchini, summer squash, tomatoes, peppers, onion, salt, and pepper.
- Let cool and serve cold or at room temperature.
Source: strongwomen.com
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I stole this group name from a great Simpson's quote. I thought this group could be one of satire, ridicule, a craziness.
Members: 23
Latest Activity: Oct 17, 2014
Started by Edward Teach. Last reply by Prog Rock Girl Jul 20, 2012. 7 Replies 0 Likes
Started by Jaume. Last reply by Little Name Atheist Aug 20, 2010. 5 Replies 0 Likes
Since there's no apparent purpose for the 'Featured Members' section here on A|N, I propose that we, irresponsible members of the IAWGMOALITI group, should grant the status of 'Feathered Member' to…Continue
Started by Michael. Last reply by Jay Pea Apr 19, 2010. 1 Reply 0 Likes
Australia's Chad Morgan used to sing a song that might suit members of this group:I'm as mad as a hatterI'm as silly as a snakeI drive people crazyAsleep or awakeIt doesn't matter who you areTo me…Continue
You're noticing this already, Steph?
Rationality is given short shrift by people who either have their own greedy agendas at heart or cannot bear to be separated from a belief which has been with them practically from the cradle. Reason is inconvenient to them because it interferes with their IRRATIONALITY.
Worst of all, THEY are in the MAJORITY.
And yet we persist. Sometimes I wonder which ones are the sane ones...
© 2019 Atheist Nexus. All rights reserved. Admin: The Nexus Group. Powered by


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This document contains information for an outdated version and may not be maintained any more. If some of your projects still use this version, consider upgrading as soon as possible.
2.3.9 (2010-11-11)
- Fixed a security issue where destructive controller actions are not correctly secured against Cross-Site Request Forgery (CSRF). This affects various CMS interfaces, as well as classes based on TableListField or ComplexTableField.
- Compatibility with PHPUnit 3.5
See 2.4.3
2.3.9 Changelog
Features and Enhancements
- [rev:113305] Added Form->enableSecurityToken() as a counterpart to the existing disableSecurityToken() (from r113284)
- [rev:113293] Added !SecurityToken to wrap CSRF protection via "SecurityID" request parameter (from r113272)
- [rev:111834] refactored runTests, using the new phpunit wrapper classes.
- [rev:111832] Created a phpunit wrapper class to ensure that Sapphire's test framework is capable of running unit tests, coverage report and retrieve clover-statistics for PHPUnit 3.4 and PHPUnit 3.5
API Changes
- [rev:113321] Using Controller::join_links() to construct links in !ComplexTableField and !TableListField (partially merged from r88495, r96775)
- [rev:113318] Fixed various controllers to enforce CSRF protection through Form_!SecurityToken on GET actions that are not routed through Form->httpSubmission(): !AssetAdmin, CMSBatchActionHandler, CMSMain, !CommentTableField, !LeftAndMain, !MemberTableField, !PageComment, !PageComment_Controller (from r113282)
- [rev:113297] Added security token to !TableListField->Link() in order to include it in all URL actions automatically. This ensures that field actions bypassing Form->httpSubmission() still get CSRF protection (from r113275)
- [rev:113319] Fixed Controller::join_links() handling of fragment identifiers (merged from r104580)
- [rev:113302] Clear static marking caches on Hierarchy->flushCache() (from r113277)
- [rev:113301] Fixed !ComplexTableField and !TableListField GET actions against CSRF attacks (with Form_!SecurityToken->checkRequest()) (from r113276)
- [rev:113294] Using current controller for !MemberTableField constructor in Group->getCMSFields() instead of passing in a wrong instance (Group) (from r113273)
- [rev:113158] Add PHPUnit includes to !SapphireTest class (can be loaded outside of !TestRunner for static calls, in which case the PHPUnit autoloaders/includes aren't in place yet) (merged from r113156)
- [rev:111837] Using mock controller in !RestfulServiceTest to avoid problems with missing require() calls for PHPUnit/Framework.php (performed in recently merged PHPUnitWrapper::init() which is never called for "nested" true HTTP calls within unit tests). Mostly merged from branches/2.4.
- [rev:111836] Renamed PHPUnit wrappers not to use underscores in classnames, as this confuses !ManifestBuilder prior to the 2.4 release
Minor changes
- [rev:113361] Fixed regression from r113282 for changed !SecurityToken API in CMSMain->publishall() (fixes #6159) (from r113360)
- [rev:113312] Using !SecurityToken in !ViewableData->getSecurityID() (from r113274)
- [rev:113308] Removed unused !SecurityAdmin->!MemberForm() and savemember() (see !MemberTableField) (from r113281)
- [rev:113307] Removed unused !SecurityAdmin->removememberfromgroup() (see !MemberTableField) (from r113279)
- [rev:113303] Reverted commented out code (regression from r113293)
- [rev:113298] Fixed HTTPRequest class usage (regression from r113293)
- [rev:111835] added phpdoc to the new PHPUnitWrapper classes.
- [rev:111833] API-CHANGE: remove include which is not required.
- [rev:111831] ENHACENEMENT: Change behaviour of the !MenufestBuilder to use spl_autoload_register instead of traditional __autoload.


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Python is an interesting language in the amount that you can do with it and the speed at which an application can be put together. You can literally walk in, pick up python and have a working application within a few hours of installation. That is all fine and dandy, but there is a darker side to python. As I state later on, Python applications can be SLOW and I mean it! The reason for this is that Python is a compile as you go type of language. This means that each line of code is compiled in order and each time a loop is processed it is re-compiled with the different variables. Because of this you can have a small application of less than 100 lines and receive an error on line 40102 (which obviously doesnt exist in your code). It does exist when the application is looped over and over hundreds of times and just continually compiled like one large program.
Before we start
Today we will be looking at a different language than normal, but just as useful and a fast learn. Starting off we will be creating a Hello World application that will help you understand how to work with Python.
Starting off make sure that you have the required language installed on your home computer.
To download Python:
To download wxPython:
Now that you have completed that initial portion of this tutorial we will move on to the code.
Hello World application (code explained)
Because wxPython works wonders when it comes to creating gui elements and just being an easy to use framework, we will br creating our Hello World application with it. Start off by opening your favorite editor (I recommend eclipse: http://www.eclipse.org ).
The first thing to do is import the wxPython modules so that we can use them in our application, that can be achieved through this line of code:
import wx
Now that it complete and it was easy wasnt it? Moving on we will need to create out frame class, which as you may expect will be responsible for the main frame of the application. We can declare this class with the following line of code:
class MyFrame(wx.Frame):
At this point in time you have probably noticed that python is different from many other programming languages out there. If not, we will explain. Because python is made for speed (of programming, not necessarily of execution) the language has done away with the needs (in most cases) for brackets ({, }) and semi-colons (.
Looking ahead we will need to create an init function, which is the first function run in any and all python classes. It can be created like so:
def __init__(self, parent, id, title):
At this point you have probably noticed something else that it peculiar, python uses definitions instead of functions, this is again for speed. Start all functions with def instead. Also notice that pythons content is tab oriented (I understand it is hard to see on the forums, which tend to do away with tabs and additional spaces, but there is a tab there).
I understand that you are eager to move along with learning how to work with python, so we will move along to the creation of our frame:
wx.Frame.__init__(self, parent, id, title, size=(400, 200))
The above line of code could be the last line we need for our frame, but we decided to go a little bit further (later on we also add a status bar into the mix). Basically the above line is calling to wxPythons library Frame and initiating it (sending the variables inside the ()s to the function to get things moving).
This next statement is used to center the newly created window on the screen. I tlooks like so:
Basically self is calling to the class, and since this class is an alias for the wx.Frame class it will be telling the frame to position itself in the center of the screen.
The line of code above is again telling the frame (self) to create a status bar, which is placed at the bottom of the window. That, combined with the next line of code tells the newly made status bar to display the text Status bar.
self.SetStatusText("Status bar")
Simply close off the class (for speed and convenience python simply requires that you outdent all the indents that you have made and the class closes itself). Now we have completed creating the Frame, and need to initiate it (from a handler class) again wxPython has been kind enough to add speed to the process.
class MyApp(wx.App):
Above is yet another class (which is an alias for wx.App class) called MyApp.
def OnInit(self):[code] This is an odd instance, we will not be using the normal __init__() definition for this init function. Because this is the first function being called in the whole application, it is required to be named OnInit. This is so python can tell that it is the function which is supposed to be run first in the application, thought the class still needs to be pointed out for python to look in the right place. [code] frame = MyFrame(None, -1, 'Hello World')
With the code above we point to the MyFrame class (alias for wx.Frame class) and send some parameters of (None, -1, Hello World). These parameters arent just for show, and as python likes to offer many ways of becoming object oriented the first parameter acts as the new class parent, None of course sets the parent as nothing. Then we send -1, which gives the called class (MyFrame) the id of -1 (basically stating it doesnt matter on what the id is). The third and final variable sent is what we are using as the frame (window) title; it will display Hello World. We also set this class to a variable (frame) to allow for us to call it at a future time, from other functions and classes called by MyApp, that allows the class to have a parent (instead of sending None, send something like self).
We make our first call to the MyFrame class from MyApp by stating frame.Show(true) (the code above). This tells the wx.Frame to display itself if it isnt already. Likewise setting the True to False will cause the window to hide, or not display.
This code tells the application to make frame (MyFrame) the top window on the screen.
return True
The return tells MyApp to return true, which it does as long as a fatal error doesnt happen and nobody tells the window to close.
app = MyApp(0) app.MainLoop()
Finally we have what sets the whole application into motion. The base calls. App is a variable set as a pointer to MyApp (the wx.App alias class). And the next line just says that the app (MyApp, wx.App) class is the Main Loop and to continue running through the loop until the program dies or is closed.
The full code looks like so:
import wx class MyFrame(wx.Frame): def __init__(self, parent, id, title): wx.Frame.__init__(self, parent, id, title, size=(400, 200)) self.CenterOnScreen() self.CreateStatusBar() self.SetStatusText("Status bar") class MyApp(wx.App): def OnInit(self): frame = MyFrame(None, -1, 'Hello World') frame.Show(True) self.SetTopWindow(frame) return True app = MyApp(0) app.MainLoop()
Congratulations on creating your first Python wxPython application!
If you are using eclipse save your code off (is you havent already) and press the yellow arrow to run it. If you are using another editor, or notepad you will need to save the application and open it with python (save the file as a .py file and then double click on it to run).
Wrapping it up
This application is very simple, I know, but it is still a fundamental part of learning a new language. From here you can do interesting and fun things with your application to make it more complex and eventually something that is useful to the world. If you want to mess around with the code feel free to, but make a copy of it first as to not accidentally destroy something you cared about.
Here are some functions that you can start playing with before the next tutorial in thi series comes out:
SetTitle() and SetSize()
NOTE - SetSize() takes a tuple, or two variables combined into what is commonly known as an array, basically like so: SetSize([0, 0])
Have fun, and look forward to the next installment of this tutorial series.


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Traders Weighing Fed's Bullard Comments on Tapering
Barron's columnist Brendan Conway joins the News Hub to discuss James Bullard's comments on tapering. Photo: AP
This transcript has been automatically generated and may not be 100% accurate.
... I ... the the ... the ... SEC the mock it's bringing Conway from Barron's here in Chile this to say oh we're still ... going to laugh and hang over eight days and in NJ this fall and now ... they're making even more comments about what we might see next ... and so what's he saying today ... that's right so you know ... he saw Stock futures ticked down just ever so slightly this morning when he was out there this morning ... and evening giving me a on news interview saying basically ... this taper is sick on the ... slowdown in the bond buying could happen as soon as next month so I think that that that actually move would surprise some strategists their ... and their folks out there this week to after seeing the Fed pumped on Wednesday said out its not gonna happen till twenty fourteen sets a back and forth its own TCY already confused enough ... the Canadian chains like to try to help you