By:Nicole Falco
However, Cipel and his lawyers, Rachel Yosevitz, a Valley Stream attorney, and Alan Lowy, a Manhattan attorney, told a different story. They maintain that he is not gay and that he was sexually harassed by McGreevey during his brief stint as a liaison to the governor. Cipel worked for the governor from December 2001 to August 2002. Cipel and his lawyers had a decision to make, one that had to be decided by Aug. 31. On Aug. 30, after much counsel, Cipel announced that he would not wage a sexual harassment suit against McGreevey.
"For Mr. Cipel, it wasn't a matter of money," Yosevitz said during an interview in her Valley Stream office. "I never discussed with him any amount of money."
According to Yosevitz, Cipel's decision not to sue was largely due to the fact that he believed justice was served by McGreevey's decision to resign.
"I had spent several days with him in New Jersey before he went to Israel," Yosevitz said. "I spent several days with him on the phone while he was in Israel. Then I went to Israel for three and a half days. My main goal was to have him make a decision about whether or not he wanted to bring a lawsuit, the pros and cons of making a lawsuit. Ultimately, the night before I left Israel to come back to the states, after having gone through all of the benefits and the all of the negatives of bringing a lawsuit, Mr. Cipel decided he had enough of a vindication after the resignation."
While Cipel's detractors might say he opted not to sue because he didn't have a solid case, Yosevitz counters, "That can't possibly be true. If all this was, was a love affair, why would [McGreevey] resign?"
Yosevitz first became involved in the case when she received a call from Lowy early this summer. Lowy and Cipel had been discussing the possibility of a lawsuit, but it had taken Cipel a while to open up, Yosevitz said.
Once it became evident to Lowy that he should proceed with a lawsuit on Cipel's behalf, he sought Yosevitz's advice regarding the necessary elements of waging a sexual harassment suit in New Jersey since he is not admitted in that state.
Yosevitz, who is admitted in both New York and New Jersey, at first only acted as an advisor to Lowy. She only became formally involved in the case after the governor's announcement. Lowy asked Yosevitz to serve as his co-counsel and the attorney of record. Yosevitz agreed.
"She's a crackerjack litigator," Lowy said. "That's why I asked her to join me in this. She's sharp, extremely knowledgeable and efficient. She's a straight shooter and tells the client like it is. She makes a great partner and a great team player."
The team's first order of business was deciding how to handle Cipel's being named the governor's alleged lover. Friday afternoon, the day after the governor's announcement, Cipel made a statement to the press.
In the weeks that followed, media scrutiny ensued. Yosevitz said that media in the United States portrayed Cipel as a "spurned lover" and that they "discounted" his lawyers. Many statements she and Lowy made were taken out of context. Yosevitz recalls that in one article, the reporter wrote that she was "in seclusion."
"It's amazing that the reporters who wanted to find me, did find me," Yosevitz said.
Shortly after the story broke, Cipel returned to Israel to protect his family and distract the media there from his parents, Yosevitz explained.
While the story played out in the media, Yosevitz and Lowy still had to counsel Cipel on his pending lawsuit.
"A sexual harassment lawsuit is extremely difficult," Yosevitz said. "When you go through a trial, you have to be prepared to go through the emotions. You have to detail each incident of sexual harassment. For anyone that is extremely difficult... My goal was to make sure my client was comfortable with any decision he made."
Even after making his decision, Cipel remained in Israel. "He hasn't specifically told me when he is coming back, but he did say that he was coming back," Yosevitz said. "My opinion is that he will come back to the states and he will realize and recognize that he has to tell what he went through. It's going to be his decision as to what format he wants to tell it in."
With the high profile case mostly behind her, the South Shore resident is focusing on building more of a Long Island clientele. Yosevitz only relocated her practice from Manhattan to Valley Stream July 30. After remarrying last year, Yosevitz, the mother of a 23-year-old daughter, had been searching for an office closer to the home she shared with her new husband, Marty Weissman, who owns Ezra Pharmacy in Cedarhurst. While driving along South Central Avenue, Yosevitz spotted a "for rent" sign in the law offices of Misrok and Rosenbaum.
"It was pure luck," Yosevitz said of the find. "It looked like a nice building and a nice commercial area. They were really very nice, very friendly...not like the atmosphere in Manhattan."
Yosevitz specializes in commercial litigation and transactions with an emphasis on contract and employment disputes. Her clients range from individuals and small, private businesses to large pharmaceutical companies. She also represents businesses and individuals in sexual harassment suits.
While a lot of the media's attention can be unwanted, Yosevitz's work on the Cipel case has led to many calls for legal counsel.
"I've gotten phone calls from people who have said to me, 'If you're gutsy enough to go up against the governor of New Jersey, I'd like you to take my case,'" Yosevitz said. "Businesses have also called me and said, 'I have an employment procedure. Can you take a look at it? What do I need to do in order for it not to be a problem in my organization?'"
Comments about this story? NFalco@liherald.com or (516) 569-4000 ext. 208.
