Legal & Estate Planning
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Legal & Estate Planning
Area attorneys: Committed to their work, family, and communities
Stephanie Peck
T
he legal profession offers a wide range of areas in which attorneys may choose to specialize. Tidewater’s Jewish lawyers that are profiled here are proof that areas of legal expertise are vast, and that all are important. These attorneys also all share an altruistic motivation, based on Jewish tenets, in their daily pursuit of fairness. John Cooper equates legal ethics with Jewish ethics. Steve Leon and Clay Macon follow the Golden Rule of Rabbi Hillel. Terry Tessler explains how one form of tzedakah is helping others.
John Cooper
Clay Macon
Firm
Firm
Cooper Hurley Injury Lawyers The Car Crash Experts
Glasser & Macon PC
Specialty
Real Estate, Estates, Corporations, Civil Litigation
Specialty
Personal Injury – Helping folks hurt in wrecks against insurance companies.
Education
Education
University of Virginia, BS University of Virginia, JD
University of California Berkeley, Phi Beta Kappa University of Virginia School of Law, JD
Jewish organizations and involvement
Jewish organizations and involvement Ohef Sholom Temple, immediate past president Proud parent of three adult children who participated at Ohef Sholom Temple’s Religious School from Pre-k to assistant teaching.
Family Mother: Elaine Cooper Wife: Monica Cooper Children: Matthew Cooper, Leah Cooper, and Camille Cooper
Favorite Jewish holiday Sukkot – I love eating outside.
Most memorable Jewish milestone/life cycle B’nai Mitzvah of my three kids at Ohef Sholom Temple.
Most admired Jewish lawmaker I am proud of Elaine Luria on the January 6th Committee.
Ohef Sholom Temple member Beth El former member JCC former board member
Family Personal legal milestone Co-founding of Cooper Hurley Injury Lawyers in November of 2011.
Most memorable case Helping a 10-year-old child blinded in one eye in a car crash.
How has an understanding and/ or commitment to Jewish values entered your decisions or actions as an attorney? Helping people get justice through the legal system is rewarding work. Fighting for injured humans against the big insurers suits my sense of justice. Lawyers are required to meet a set of ethical rules many of which spring from the ethical principles of Judaism.
22 | JEWISH NEWS | October 16, 2023 | jewishnewsva.org
Wife: JoAnn Macon Children: Conrad and Meredith Macon, Sylvia and Konstantine Kastens, and Emily and David Kolodny Grandchildren: Rose Macon, Robert Macon, Anna Macon, Theo Kastens, Audrey Kastens, and Ellis Kolodny
Favorite Jewish holiday Rosh Hashanah, and the concept of a new year with fresh beginnings.
Most memorable Jewish milestone/life cycle The miracle of birth of my children, their weddings, and the birth of my grandchildren.
Most admired Jewish lawmaker Congressman Dan Goldman, Congressman Jamie Raskin, and Congressman Adam Schiff for their relentless adherence to the rule of law.
Personal legal milestone Having helped thousands of people in Hampton Roads through difficult situations.
Most memorable case They are all memorable cases to our clients, and we try to make sure that every case is treated in that manner.
How has an understanding and/ or commitment to Jewish values entered your decisions or actions as an attorney? The admonition that one can summarize the Torah while standing on one foot by declaring that one should do unto others as one would have others do unto you is the basis of every action. Treating everyone with dignity, respect, and kindness is a Jewish value that knows no boundaries.
Legal & Estate Planning
Steve Leon
Terry Tessler
Firm
Firm
Cooper, Spong & Davis, P.C.
Virginia Indigent Defense Commission Norfolk Public Defender’s Office
Specialty Creditor’s Rights, Collection law, Credit Union law
Specialty
Education
Education
Criminal Law
University of Virginia Cumberland School of Law
University of Miami University of Florida, JD
Jewish organizations and involvement I have served on the boards of Jewish Family Service, United Hebrew School (pastpresident), and University of Virginia Hillel (past- officer); member of Beth El Temple.
Family Wife: Caren Pributsky Leon Children: Mason Leon and Matthew Leon
Favorite Jewish Holiday Passover
Most memorable Jewish milestone/life cycle After the Yom Kippur War, in December of 1973, I was bar mitzvahed at the Western Wall in Israel. Our family was one of the first groups of tourists to enter Israel after the peace treaty was achieved. When we arrived at the King David Hotel in Jerusalem, towers of silver steel-encased luggage crowded the exterior walkway of the building. While checking in at the front desk, my father was advised that the Kissinger and State Department party was completing their negotiations and that we would have to wait for access to our rooms until they departed. The bar mitzvah service was unique and meaningful. The significance of the moment in Jewish history has resonated with me ever since.
Most admired Jewish lawmaker I fondly remember Jacob Javits and Howard Metzenbaum.
Jewish organizations and involvement: I have always valued and supported Hillel from my time on campus till present day.
Personal legal milestone
Family
In late 1997, I began practicing at the law firm that my dad had been associated with since the early 1970’s. What a privilege and honor to have my office next door to my father’s. We shared many lunches, conversations, and legal discussions over the years. The memories of my dad at work with our offices side by side will always be so special to me.
Husband: Jeffery Tessler Daughter: Skylar Tessler
Most memorable case I handled a matter for one of the Goldenbergs from the “Goldenberg’s Peanut Chews” family. After the case was resolved, much to my surprise, I received two big boxes: one was filled with milk chocolate peanut chews and the other with the dark chocolate version. When I brought the delicious goodies home, my kids were delighted and became huge fans of the tasty treats.
How has an understanding and/ or commitment to Jewish values entered your decisions or actions as an attorney? To paraphrase the Golden Rule of Rabbi Hillel, “do unto others as you would like to have done unto you.” I aspire to live by that creed and treat everyone the same, just as I would like to be treated.
Most memorable case
Favorite Jewish holiday Purim – I love the festivities, costumes, and traditions.
Most memorable Jewish milestone/life cycle My daughter’s bat mitzvah in Puerto Rico. It was a lovely blending of both Jewish traditions and Puerto Rican customs. It was something special that you could tell doesn’t happen every day on the island. The community came out to see it, and they even invited the local catholic students to watch. They held a luncheon for Skylar afterward, which had both traditional Jewish food and Puerto Rican food. It was truly a special experience and blending of cultures.
Most admired Jewish lawmaker Louise Brandeis, first Jewish Supreme Court Justice.
Personal legal milestone Over 20 years with the Public Defender’s office, helping those most in need facing some of the biggest challenges of their lives.
A roommate dispute escalated into a grand larceny charge for a college student. Had we not gotten this case dismissed, this young person, with their whole life in front of them, would have started life with a felony on their record. Having a felony on your record stays with you for life and has lasting consequences. It took a long time but we eventually were able to get the charges dismissed.
How has an understanding and/ or commitment to Jewish values entered your decisions or actions as an attorney? I was lucky to grow up in a Jewish home, with two loving parents who stressed education – not everyone has this. But we are still all human at the core. Treating people with kindness as you want to be treated is something I carry with me daily. Standing next to someone on their worst day, and being there to help them, is important to me. We tend to think of tzedakah as giving money, but it can also mean justice and helping others is an act of this.
jewishnewsva.org | October 16, 2023 | JEWISH NEWS | 23
Legal & Estate Planning
Jeffrey Brooke elected chairman of Norfolk Economic Development Authority
Terri Denison ast month, Jeffrey F. Brooke was elected chairman of the Norfolk Economic Development Authority. A member of Norfolk’s EDA since 2019, Brooke says he initially volunteered on this citizen’s board “because I was born and raised in Norfolk and have a real interest in seeing the city grow and thrive.” He says he hopes to serve in this capacity for the next couple of years. “It’s a time-consuming position, but it comes with its own rewards,” says Brooke of Poole, Brooke, Plumlee, PC. Among the current challenges for the city and EDA, Brooke cites re-purposing MacArthur and Military Circle malls and the development of the wind energy project with Jerry Miller’s company, Fairwinds Landing, at Lamberts Point. The mission of the Economic Development Authority (EDA) is to create jobs, maximize the utilization of Norfolk’s real estate, foster business capital investment, increase revenue by growing the tax base, focus on efforts to build on the strengths and the needs of neighborhoods, and support minority and small businesses.
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Deborah Casey named to Virginia’s Common Interest Community Board
G
overnor Glenn Youngkin announced several administration and board appointments on Friday, Sept. 29. Among them, Debbie Casey, Wood Rogers Vandeventer Black principal and vice chair, was appointed to Virginia’s Common Interest Community Board. The board regulates common interest community managers, as well as certain employees of licensed management firms. The board’s authority also includes condominium and time-share program registrations, and extends to transactions occurring within Virginia, even if the property involved is located outside the Commonwealth. Property owners’, condominium unit owners’, and proprietary lessees’ (cooperative) associations are required to register and file annual reports with the board.
Legal & Estate Planning
USPS releases Ruth Bader Ginsburg stamp, three years after Jewish Supreme Court justice’s death Philissa Cramer (JTA) — The United States Postal Service has released a new series of Forever stamps honoring Ruth Bader Ginsburg, the late Jewish Supreme Court justice and liberal icon who died in 2020. The stamp, which became available for purchase on Monday, Oct. 2, shows Ginsburg wearing her black judge’s robe and signature white collar. It was announced last year as part of the postal service’s 2023 lineup of new stamps, reflecting a jump on the service’s standard timeline for honoring deceased people. The stamp’s release comes three years and two weeks after Ginsburg’s death at 87, after 27 years on the Supreme Court. Her death, from pancreatic cancer, came
on the eve of Rosh Hashanah at a time of intense political polarization — which deepened as then-President Donald Trump pushed through a conservative replacement despite a looming presidential election. “Honor an icon of American culture with this new Ruth Bader Ginsburg stamp,” the USPS says on its website. It says about Ginsburg: “She began her career as an activist lawyer fighting gender discrimination. She went on to become a judge who was unafraid to disagree with her colleagues. Ginsburg gained a reputation as a respected voice for equal justice.” The RBG stamp costs $.66 but will hold its value over time as part of the Forever series. The portrait was drawn by Michael Deas, who has painted dozens of
stamps, under the direction of the USPS’ Jewish art director, Ethel Kessler. The stamp was celebrated at an official unveiling at the National Portrait Gallery in Washington, D.C. earlier this month. The U.S. Postal Service’s special edition stamps commemorating notable Americans have included many Jews, including the physicist Richard Feynman in 2005, cartoonist and inventor Rube Goldberg in 1995 and, in 1991, comedian Fanny Brice, the inspiration for the musical Funny Girl. The series in which Brice appeared was drawn by the Jewish illustrator Al Hirschfeld. Last year, the service released a special-edition stamp featuring the Jewish poet Shel Silverstein. The USPS has also offered a range of Hanukkah stamps and last year introduced a new one, its ninth since 1996. The new stamp, which remains available, was drawn by Jeanette Kuvin Oren, a Jewish artist who also designs ritual objects for home and synagogue use.
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Legal & Estate Planning
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HBO airing No Accident, documentary on legal team that sued Charlottesville rally organizers and won Jackie Hajdenberg ( JTA) — A new HBO documentary dives into the successful effort to sue the white supremacists behind the deadly far-right rally in Charlottesville, Virginia in 2017. No Accident, which premiered on Oct. 10, follows the attorneys Roberta Kaplan and Karen Dunn, who filed a lawsuit against 17 white nationalist leaders and organizations on behalf of nine plaintiffs who suffered physical and emotional injuries while peacefully staging a counterprotest of the rally, which was called “Unite the Right.” The lawsuit alleged that the rally was not a spontaneous gathering, but a coordinated conspiracy intended to incite racially-motivated violence. The 17 defendants, including neo-Nazi and white supremacist Richard Spencer, were forced to pay more than $2 million in damages, plus nearly $5 million for the plaintiffs’ legal fees. The film features interviews with and behind-the-scenes footage of the attorneys, their team, and six of the nine plaintiffs. Amy Spitalnick, who served at the time as the executive director of Integrity First for America — the group that funded the lawsuit — appears in the documentary as well. Spitalnick, who now serves as the CEO of the Jewish Council for Public Affairs, says the lawsuit “had major financial and operational impacts on the defendants,” and has “emerged as a model” for holding extremists accountable via civil court. “In the six years since Unite the Right, these white supremacist conspiracy theories have moved from the fringes into the mainstream of our politics and society, fueling a cycle of violence targeting communities across the country and around the globe,” Spitalnick says. “At the same time, we know that we can’t only sue our way out of this crisis,” she adds. “Civil litigation is a crucial tool, but it must go hand-in-hand with a whole-of-society approach aimed at building democratic resiliency and preventing extremism in the first place.” In the ruling ordering the defendants to pay the plaintiffs’ legal fees, Magistrate Joel Hoppe cited the “complex, expansive, and voluminous” research done by Kaplan and Dunn’s team. “When Plaintiffs filed this lawsuit in October 2017, the world had seen and heard reports of the torch march, overtly racist and antisemitic chants, and violent clashes in Charlottesville a few months earlier. But ‘[t]he world had not yet seen or heard about the planning and coordination that enabled the conflagration’,” he wrote, quoting a filing from the plaintiffs.
Legal & Estate Planning
Jewish man sues Elon Musk for suggesting he is a white supremacist Andrew Lapin (JTA) – A Jewish man who recently graduated college has sued billionaire Elon Musk for insinuating on his social media network, X, that the man was a member of a white supremacist group. Ben Brody, 22, is suing Musk for libel after the tech mogul reacted repeatedly to a photo of him this summer on X, formerly known as Twitter. In a post accompanying the photo, a user on the platform speculated that Brody was (or was posing as) a member of the Rose City Nationalists, an extremist group in Portland, Oregon, with ties to white supremacists and neo-Nazis. The photo of Brody, who graduated from the University of California, Riverside, earlier this year, was actually taken at his Jewish college fraternity, Alpha Epsilon Pi. “Given his Jewish heritage, Ben was understandably horrified at being accused by Musk of donning neo-Nazi regalia, an act that would be utterly profane and blasphemous if it were true,” reads the complaint in Brody’s lawsuit, filed Monday, Oct. 2 in a district court in Austin, Texas, in the county where Musk lives. The complaint continues, “Ben has suffered severe emotional harm and enormous damage to his reputation and public image.” The lawsuit is the latest antisemitismrelated controversy on X, formerly known as Twitter, since Musk’s takeover of the platform last fall. In recent months, Musk has launched a series of attacks on the Anti-Defamation League by engaging with posts by white supremacists and
claiming that an advertiser boycott spearheaded by the Jewish civil rights group has been responsible for depleting the company’s value. In recent livestreamed meetings with Israeli Prime Minister Benjamin Netanyahu and a group of largely conservative-leaning Jews, Musk defended his record of combatting antisemitism on X while saying he was adhering to free-speech principles. Musk frequently reacts to posts espousing conspiracy theories on his platform, and his engagement with the tweets about Brody followed a similar pattern. Following a physical altercation in Portland in June between the Rose City Nationalists and the Proud Boys, a rival right-wing extremist group, Musk asked his millions of followers to verify the identities of the group’s members caught on video. “Who were the unmasked individuals?” he wrote on June 25. One account dug up Brody’s AEPi photo and claimed he was one of the “unmasked” members, posting the image next to a screenshot from a video of the brawl. Musk replied, “very odd” to the image. In another instance, he replied “Always remove their masks,” to the same set of images. After Brody posted a video seeking to clear his name and shared debit card receipts to demonstrate he was in California at the time of the incident, multiple users tried to tell Musk he had the wrong man. “All these accusations are kind of just crazy and incorrect,” Brody said in the video, posted on June 26. “My family and
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www.pbp-attorneys.com I are just being harassed completely and I would be more than happy to clear up any confusion if necessary. This is just so ridiculous, and I really just can’t believe this is happening to me right now.” But Musk continued to promote the theory, writing in a follow-up post on June 27, “Looks like one is a college student (who wants to join the govt),” echoing language from a biography of Brody from his fraternity. Musk added, “a probable false flag situation,” seemingly suggesting the warring extremists were government plants. These tweets were tantamount
to libel, Brody’s suit alleges. Musk’s statements “convey a defamatory meaning” and “exposed him to public hatred, contempt and ridicule,” the suit reads. Brody seeks damages of at least $1 million and a jury trial. The legal battle will be difficult, as Musk has already beaten one libel charge involving his tweets. In 2019 a federal jury rejected a claim brought by a British cave explorer whom Musk called a “pedo guy,” short for pedophile, after the two feuded over the best course of action for the previous year’s high-profile cave rescue of a youth soccer team in Thailand.
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Legal & Estate Planning
Beit Din: A Jewish house of law
Stephanie Peck udaism has its own judicial system for mediating divorce and resolving business and financial disagreements. A beit din, or house of law, is the governing body which resolves these conflicts – typically between two Jewish parties who want a dispute resolved based on the principles of Jewish law. In addition to deciding these cases, a beit din is the final step to a Jewish conversion in all denominations of Judaism. According to Beit Din of America, a rabbinical court located in New York, an orthodox beit din consists of three Jewish adult men (at least one is a rabbi) and can take place anywhere – at a synagogue or even at home or in a park. Those serving on the beit din must be Jewishly learned and observant, as well as possess a sophisticated understanding of the transactions in dispute. A conservative synagogue might also assemble a beit din, mostly for divorces and conversions. Rabbi Michael Panitz of Temple Israel explains that a conversion is an hallachic legal act (based on the Talmud) where one rabbi is the sponsor. This rabbi will empanel two or three colleagues, often another rabbi or cantor, to complete the beit din. In the Reform movement, batei din are most frequently convened for conversions. Some batei din oversee the certification of many Jewish legal professionals, such as a mashgiach, who ensures that restaurants and facilities are kosher; a mohel, who performs circumcisions; and other communal organizations such as Jewish burial societies and mikvahs. A beit din may also be consulted in the case of a
J
Jewish adoption or certification of Jewish status. While there are many batei din in the United States, only some directors of veteran and renowned rabbinical courts are recognized by the Israeli Rabbinate. In his 2021 interview with Unpredictableblog. com, Rabbi Shlomo Weissmann, director of Beit Din of America says, “anyone can set up their own rabbinical court. Each one has its own reputation, some are good and some not as good. There is no hierarchy; each rabbinic court sets their own internal policies.” Tidewater does not have a beit din. Rabbi Shlomo Eisenberg of B’nai Israel brings one in when necessary. “The Baltimore beis din is well known and highly regarded around the world. The beauty is that the head rabbi, Rabbi Benyowitz, comes here whenever a Jewish divorce document, called a get, needs to be written. When it comes to conversion and divorce, we go straight to the expert beis dins.” Rabbi Eisenberg says he always chooses to find a compromise when it comes to financial disputes, hoping to peacefully resolve conflict. “There is nothing wrong with going to beis din to work things out. Even the beis din will try their hardest to work out a compromise.” Rabbi Cantor Ellen Jaffe-Gill of Tidewater Chavurah convenes a beit din less than once per year, solely for the purpose of a formal conversion. “I’ve been called upon to be on a beit din by another rabbi a couple of times for that purpose, and I’ve convened a beit din for that purpose a few times.” At Ohef Sholom Temple, Rabbi Roz
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www.altmeyerfuneralandcremation.com Mandelberg’s experience is similar. “As the rabbi of a Reform congregation, I only convene a beit din for a conversion candidate. There may be disputes about which people seek my rabbinic opinion and I do counsel couples and families,” she says, “but if they need “legal” adjudication of a business matter, they use a trained mediator or attorney.” In his interview with Unpredictableblog.com, Rabbi Weissmann explains that Jewish law is not simply based on the five Books of Moses. Unlike American law that is based on case decisions, Jewish law has developed over
centuries, including a code of Jewish law developed in the 1500s. In deciding the outcome of civil issues, some batei din conduct their proceedings to meet the requirements of secular arbitration law, so that these rulings are legally binding and enforceable in the secular court system. State and federal courts have long recognized these rulings, though legal decisions have been changed or overturned only due to major problems, such as blatant fraud or bias. “Rabbinical justice is a lot cheaper, faster, and decided by people in your own community,” says Rabbi Weissmann.
jewishnewsva.org | October 16, 2023 | JEWISH NEWS | 29
Creating a Season of October is National Joy as a Caregiver Legal & Estate Planning
Estate Planning Awareness Month
Helpful Hints for the Holidays When you’re responsible for the wellbeing of an elderly loved one, you may find yourself faced with difficult decisions about their healthcare, or choosing to move Mom or Dad into a senior living community. As the holidays approach, you may worry about having enough time for them, let alone yourself. Situations like these can put a strain on relationships and feelings of guilt can arise. Join us for a free presentation on managing caregiver guilt and learn things you can do together to create a season of joy.
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Stephanie Peck o help the public better understand estate planning and why it is essential to everyone’s financial well-being, October is designated National Estate Planning Awareness Month in the U.S. In 2008, the third week of October (October 16-20, 2023) was adopted as National Estate Planning Awareness Week. One misconception about estate planning is that a will is the only legal necessity. Depending on the circumstances, other documents could be equally vital: life insurance, pre-nuptials agreements, disability insurance, and long-term care insurance, to name a few. In other words, incorporating a financial plan for one’s own life during the “golden years” is just as, or perhaps more important than making certain heirs are taken care of. Not preparing for old age, say some financial planners, can wreak havoc on any retirement and inheritance plan. According to Ron Spindel, principal of The Spindel Agency, an affiliate of the Frieden Agency, estate planning and long-term care insurance (LTC) should go hand-in-hand. “People don’t understand how important it is to have a long-term care plan,” says Spindel. “Whether your loved one is in a nursing home or receiving care at home.” Without long-term care insurance, families must pay “out-of-pocket” for all the high expenses for this continuous care. And, since crystal balls rarely work, those expenses can wipe out potential inheritances. Options for preparations to pay for care are getting creative. A new hybrid policy, for example, combines a life insurance policy with a low death benefit, and a longterm care rider. This policy has been marketed with a single premium or up to a 10-year pay premium. It can also include inflation riders, which will produce increased long-term care benefits. The advantage of these products is that premiums are fixed and will not increase, unlike traditional long-term care policies. If the LTC rider is not used, the full life insurance benefit will be paid. If the LTC rider pays out, the death benefit will be reduced by the benefit received. The new hybrid premium is based on age and medical conditions. Spindel has provided life insurance and long-term care policies for more than 40 years. He stresses that long-term care should be discussed in everyone’s retirement and estate plans.
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