Helping Our Fellow Lawyers — by Carey R. Dunne

Posted on Monday, Apr 15, 2013 - 10:05am by Administrator

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On May 5th, the Lawyer Assistance Program (LAP) will mark fourteen years of service to the legal community in New York City. LAP is a free, confidential counseling service for attorneys (including those who have been suspended and disbarred), judges, law students, and their family members struggling with alcohol or drug abuse as well as other addictions and mental health issues. The program is run by Eileen Travis, a Licensed Clinical Social Worker.

As you might expect, given the economy and the uncertainties within the legal profession, LAP has been busy over the past few years. Last year, LAP received 331 referrals, 26% more than the year before. This year to date, LAP has gotten 99 referrals, up 120% from this time last year. While most calls involve alcoholism and/or drug addiction, there has been a substantial increase in mental health issues as well.

The services provided by LAP are free and completely confidential. Where appropriate, LAP may refer clients to psychiatrists, therapists, agencies, or hospitals. LAP checks on availability and insurance coverage and, in instances when a client lacks insurance or the resources to pay for services, finds providers willing to work pro bono.

LAP could not operate without the support of the LAP Committee, chaired by Meredith Heller, and volunteers who give their time to provide peer support and monitoring, as well as to do outreach through presentations. In 2011, LAP began a Gambler’s Anonymous meeting, run by a volunteer attorney recovering from compulsive gambling. In 2012, LAP and the Committee provided 27 presentations to newly admitted attorneys, law students, judges and attorneys, reaching approximately 4,000 individuals. There has been an increase in requests for presentations, and in the next few months LAP will be holding programs at Columbia Law School, the NYU School of Law, the CUNY School of Law, Brooklyn Law School and at the Brooklyn Bar Association.

When a lawyer needs to take time away from work to focus on personal issues, the City Bar can provide assistance in addition to counseling. The City Bar’s Legal Referral Service (LRS), which I wrote about last month, has attorneys in over 100 areas of law who can step in on a temporary or ongoing basis so clients are not left in the lurch. This is especially helpful, of course, for solos or small-firm practitioners. LRS can also find someone to represent a lawyer in disciplinary proceedings, to help a lawyer keep his or her license or get it reinstated.

We recognize the courage it takes to admit to a problem and seek help. No matter what the problem, we never turn anyone away and we remain committed to do our best to serve the legal community and the public.

The Lawyer Assistance Program’s Confidential Helpline can be reached at 212-302-5787.

Carey R. Dunne is President of the New York City Bar Association.

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On the 2013-2014 New York State Budget

Posted on Friday, Apr 12, 2013 - 5:54pm by Administrator

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On March 29th, Governor Cuomo signed the 2013-2014 New York State budget. Since the State’s annual budget goes beyond making appropriations and effectuates substantive changes in the law, the City Bar committees will sometimes comment on budget provisions that are relevant to their work.

First, the Council on Judicial Administration supported the adoption of the 2013-2014 Judiciary’s Budget Request. The Judiciary Budget provided the minimum funds the Judiciary needs; any further reduction would have seriously jeopardized the ability of the courts to fulfill their core missions. As explained in a report released in February, this “do more with less budget” request increased the total Judiciary Budget but decreased the state funded operational budget and included cost efficiencies including expanded e-filing, continued constraints on hiring and overtime, increased use of online materials and consolidation of administrative functions. Commendably, the Judiciary Budget increased funding for Civil Legal Services by $15 million for litigants who appear without lawyers in eviction, foreclosure, domestic violence, consumer debt and other cases involving the essentials of life. The Judiciary Budget also provided additional support for legislatively mandated indigent criminal defense caseload caps. The Budget Request was indeed adopted and the City Bar applauds the continuing commitment of all three branches of government to providing vitally needed services to those New Yorkers who cannot afford private attorneys.

Second, the City Bar commented on provisions in the Transportation, Economic Development and Environmental Conservation Budget that would have significantly altered New York’s Not-for-Profit Corporation Law (N-PCL). The proposed amendments eliminated the word “type” in identifying the four different nonprofit corporations that can be incorporated under the N-PCL, while retaining the descriptions of each of the four nonprofit purposes. The Non-Profit Organizations Committee, while recognizing the problems that exist under the N-PCL’s current categories of “types” of nonprofits, argued that the proposed amendments would engender confusion while not addressing the underlying problems, and that any such extensive rewriting of the law should be subject to more study before passage. Along with other organizations, the Committee recommended it be removed from the budget and the proposed revisions were ultimately excluded. The Non-Profit Committee is continuing to study these issues and provide suggestions for how the N-PCL can be modernized and improved without placing unnecessary burdens on nonprofits.

Finally, the Legal Problems of the Aging Committee commented on two Medicaid-related proposals in the budget – one concerning the elimination of spousal refusal rules in community settings and the second concerning interim Medicaid services which are provided pending an individual’s application for coverage. Both provisions remained in the budget in some form and the Committee is studying the impact of these changes in the law.

 

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Statement of City Bar President Carey R. Dunne on the Association between Money and Politics in Albany

Posted on Wednesday, Apr 3, 2013 - 5:03pm by Administrator

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By now, everyone who follows the news will have heard about the latest scandal to engulf the Albany legislature. As outlined in a federal complaint filed yesterday, a state senator allegedly attempted to bribe two top GOP officials so that he could run for Mayor on the Republican line even though he is a registered Democrat. The alleged middle man is a New York City Council Member.

Whatever the outcome in this case, it is just the latest sad headline to emerge from the unhealthy association between money and politics in Albany. Despite the dedication and good intentions of so many public officials in Albany, as long as money rules, the road to corruption will remain wide open for those who wish to take it and public confidence in state government will continue to erode.

As an organization that has a long history of advocating for government reform, the City Bar renews its call for campaign finance reform in New York State. Such reform should include:

  • the voluntary public financing of political campaigns at levels designed to attract candidates into the public financing program;
  • stricter limits on political contributions;
  • enhanced disclosure of campaign contributions and expenditures;
  • more effective enforcement of campaign finance laws;
  • a prohibition of soft money contributions;
  • curbs on transfers by legislative party committees; and
  • effective regulation of “independent” expenditures on campaigns that are coordinated with a candidate.

As recent events and polling demonstrate, the public clearly recognizes that access to state government is too often a function of the amount of money that flows into the political process. It is time to seize the moment and change the way business is done in Albany.

 

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Bret I. Parker Named Executive Director of New York City Bar Association

Posted on Monday, Apr 1, 2013 - 10:21am by Administrator

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The New York City Bar Association has chosen Bret I. Parker to succeed Barbara Berger Opotowsky as its Executive Director as of the Association’s Annual Meeting on May 21.

Bret ParkerParker is currently Vice President and Associate General Counsel at Elizabeth Arden, Inc. and President-Elect of the International Trademark Association. Previously, he was Vice President and Assistant General Counsel at Wyeth (now part of Pfizer Inc.) and Assistant General Counsel with the Colgate-Palmolive Company. Prior to going in-house, he worked in private practice at the New York offices of Dorsey & Whitney and Townley & Updike.  He also clerked for Hon. K. Michael Moore of the United States District Court for the Southern District of Florida.

Parker has been a member of the City Bar since 1996 and has chaired its Trademarks and Unfair Competition Committee, served as a member of the Pro Bono and Legal Services Committee and serves as a City Bar delegate to the New York State Bar Association House of Delegates. He was also Director of Wyeth’s Pro Bono Program, Chair of the Pro Bono and Outreach Committee of the New Jersey Corporate Counsel Association (and member of its Board of Directors) and a member of the Pro Bono Committee of the New Jersey State Bar Association. He serves as a Member of the Patient Council of the Michael J. Fox Foundation for Parkinson’s Research. Parker attended the University of Pennsylvania (B.A.) and Fordham University School of Law (J.D.), where he was Managing Editor of the Fordham International Law Journal.

“Bret has outstanding qualifications, including a strong background as a practicing lawyer, long and active involvement as a member of the City Bar, a commitment to public service and pro bono, and a strong history of leadership and management success,” said City Bar President Carey R. Dunne.

“I couldn’t be more excited to join the New York City Bar Association as Executive Director,” said Parker. “I look forward to continuing the extraordinary work of Barbara Berger Opotowsky and the fine team she has assembled, while applying my experience to guide the Association to where it needs to go next.”

Opotowsky announced in November that she would step down on May 21 after a 15-year term. Parker’s start date is set for April 29th, to allow for a transition.

 

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City Bar Issues Evaluations of Candidates for Associate Judge of the New York Court of Appeals

Posted on Thursday, Mar 21, 2013 - 12:25pm by Administrator

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The New York City Bar Association has announced its ratings of candidates recommended by the New York State Commission on Judicial Nomination for appointment as Associate Judge of the New York Court of Appeals.

The evaluations of the seven candidates nominated by the Commission are:

  • Hon. Sheila Abdus-Salaam – Exceptionally Well Qualified
  • Hon. Eugene Fahey – Well Qualified
  • Hon. John Leventhal – Exceptionally Well Qualified
  • Hon. Dianne Renwick – Well Qualified
  • David Schulz – Well Qualified
  • Maria Vullo – Well Qualified
  • Rowan Wilson – Well Qualified

The Association’s Executive Committee extensively reviewed the background and qualifications of the candidates. Representatives of the Association’s Executive, Judiciary and State Courts of Superior Jurisdiction Committees interviewed each candidate and for all candidates, reviewed their writings, investigated their background, and interviewed judges and lawyers familiar with the candidates. The full Executive Committee then considered whether to rate each candidate “well qualified,” “not well qualified” or “exceptionally well qualified” after considering the candidate’s intellectual ability, knowledge of the law, integrity, impartiality, judicial demeanor and temperament.

This three-tiered rating was adopted by the Executive Committee in May 2007.  The criteria for each rating are as follows:

“Well Qualified”:  Consistent with the term “well qualified” as it is set forth in describing the Commission’s mandate in Judiciary Law Section 63(1) and in Article 6, Section 2 of the Constitution: candidates “who by their character, temperament, professional aptitude and experience are well qualified to hold such judicial office.”

“Not Well Qualified”:  Candidates who may be competent lawyers or judges but, in the judgment of the Executive Committee, do not meet the requisite standard for “Well Qualified” in one or more of the constitutional and statutory criteria of “character, temperament, professional aptitude and experience.”

“Exceptionally Well Qualified”:  Candidates who are exceptional to the degree that they are superior to others who are “well qualified.”  This rating should be given as an exception and not the norm.

Note: To ensure the thoroughness and integrity of the ratings process, the City Bar cannot comment beyond what is provided in this release.

 

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Serving the Public and the Profession with the Legal Referral Service — by Carey R. Dunne

Posted on Monday, Mar 18, 2013 - 9:56am by Administrator

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You have probably had the experience of a colleague, friend or family member asking whether you can recommend a lawyer to handle an issue. I have just the place to send them.

The Legal Referral Service (LRS), which is co-sponsored by the New York City Bar Association and the New York County Lawyers’ Association, was set up in 1946 to help find work for lawyers returning from the war. Since then, the LRS has been a trusted resource for individuals and businesses searching for the right lawyer for their needs. Lawyers on staff at the City Bar, many of whom are bilingual, counsel callers and match them with some 600 attorneys in over 100 areas of law. The call to the counselor is free, and so is an initial half-hour consultation with a lawyer on certain issues; beyond that, the consultation is $35, with further fees to be mutually agreed upon between client and lawyer. Often, callers are looking for basic legal information or other assistance which the counselors can provide on the spot. In many other cases, there are high-stakes personal or business issues that need to be addressed through litigation, negotiation or adept legal counseling.

All told, the LRS fields approximately 100,000 calls per year. The most referred matters are in the areas of Negligence, Insurance & Workers Comp, followed by Labor & Employment, Trusts & Estates, Family & Mediation, Landlord Tenant, General Civil Business, Criminal Law, Real Estate, Securities, Bankruptcy, and Immigration. All lawyers on the LRS panel must carry liability insurance and have gone through a rigorous application and interview process. Not every lawyer is accepted, regardless of years of experience, which ensures that referrals can be made with confidence. Our Legal Referral Service Committee, comprised of judges and lawyers, investigate complaints and enforce quality standards.

What’s great about calling the LRS is that you are likely to get, not just a lawyer you can trust, but a lawyer with the specific experience needed for any sort of matter, regardless of its scope and complexity. Indeed, a good number of LRS cases in recent years have turned out to be quite unusual and, in some cases, groundbreaking. To give just two examples: in a matrimonial matter involving the wife of a middleweight boxing champion, the LRS-referred lawyer obtained an injunction on the distribution of the boxer’s championship purse and was thus able to negotiate for the spouse from a position of strength. Then there was the case of a valuable painting that had been owned by a Jewish family in Berlin in the 1930s. In 1937, as the family was about to leave Germany, the German National Museum bought the painting in a forced sale approved by Hitler. However, when the family left Germany they were not permitted to take the funds with them. Ultimately, thanks to our LRS panel lawyer, the painting was returned to the family’s descendents, who then sold it back to the German National Museum. Since the painting was considered a masterpiece, the matter was on the front page of German newspapers, was the subject of a ceremony attended by the German Chancellor, and the case was hailed as a model for how art restitution cases can be handled.

For everything from the smallest matters to the largest cases, the Legal Referral Service can be reached at 212-626-7373, or by visiting www.nycbar.org/lrs

Carey R. Dunne is President of the New York City Bar Association.

 

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City Bar Proposes Revisions to NYSE Risk Management Rules

Posted on Thursday, Mar 7, 2013 - 11:42am by Administrator

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The New York City Bar Association’s Financial Reporting Committee has asked the New York Stock Exchange to reconsider its rule placing responsibility for oversight of risk management within the audit committee of the listed companies.

In a letter to Claudia Crowley, the CEO of NYSE Regulation, signed by Michael R. Young, the Committee Chair, the Financial Reporting Committee writes, “The concern prompting this letter is twofold. First, the rule calls upon audit committees to assume some degree of responsibility for the oversight of risks beyond the risks associated with financial reporting. Second, the level of responsibility to be assumed by the audit committee is itself ambiguous and may contribute to ineffective oversight of risk management at the board level.”

Because the Sarbanes-Oxley Act describes the audit committee as responsible for “overseeing the accounting and financial statements of the issuer,” the additional responsibilities of Rule 303A.07 would take the audit committee “well beyond responsibility for financial reporting risk,” according to the letter. Specifically, the letter states, Rule 303A.07 would require an audit committee “to assume some level of responsibility for such areas as credit risk, liquidity risk, market risk, legal and compliance risk, and operational risk, as well as additional risks unique to the reporting entity’s particular industry, such as, for example, environmental risk. There is little reason to assume that an audit committee, whose expertise will normally reside in the disciplines of financial reporting and financial statement presentation and disclosure, will possess particular expertise in such broader subjects.”

As an alternative, the letter proposes elevating responsibility for risk management to the board level: “While the scope of our committee’s activity does not extend beyond financial reporting, we would observe that one useful approach may be to elevate the rule’s articulation of responsibility to the level of the board of directors as a whole. The board of directors as a whole would thus be required (in the words of the rule) ‘to discuss policies with respect to risk assessment and risk management’ with the objective of vesting in the full board of directors responsibility for the allocation of risk management oversight based upon the particular circumstances of the company, its industry, and its governance structure. The board, in turn, would then have the ability to use its judgment to delegate certain or all aspects of risk management oversight to the audit committee or other committees as the board deems appropriate.”

The letter can be read here: http://bit.ly/12ucUua

 

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Membership, Leadership and Belonging — by Carey R. Dunne

Posted on Tuesday, Feb 19, 2013 - 10:03am by Administrator

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It will come as news to no one that being a member of the legal profession is not the secure vocation it used to be. While those in previous generations had a reasonable expectation of working for years, if not their whole careers, at the same firm, today such a scenario is more the exception than the rule.

That’s why membership in a professional organization like the New York City Bar Association is more important than ever. In this era of digitization, globalization and disintermediation (that’s Latin for cutting out the middle man), the City Bar can be your professional home or, if need be, your port in a career storm.

Among the City Bar’s 24,000 members are lawyers of every stripe, from law students to Supreme Court Justices, and the House of the Association in midtown Manhattan is where they cross paths. It’s a forum for networking of the highest order. At the City Bar, you never know for whom you’ll hold the door (or vice versa), let alone whom you’ll meet at a panel in the Meeting Hall or in the CLE Center, or at a reception following an event. Where else can you see a judge strike up a conversation with a junior associate at a buffet?

For law students, recent graduates and young associates, the City Bar offers the kind of wide-ranging career development workshops that can make a difference in getting hired or promoted in a tough market. A number of these programs provide CLE credits. There are also regularly scheduled social events like ‘Speed Networking’ that can yield surprising career results.

All City Bar members can apply to join one of its committees, which is where the important public-interest work of the Association takes place. Some 3,500 members serve on over 150 committees, producing hundreds of reports and events annually on almost every legal topic imaginable. Mathematically, not all members can serve at the same time, and not everyone can get on their first choice of committee, but persistence is usually rewarded with a committee slot. If you get on a committee, you’ll find yourself working with experienced lawyers from diverse backgrounds in writing reports and amicus briefs, planning programs and doing public service activities. Incidentally, now is the best time of the year to apply for committee membership, so check here for more information and an application if interested.

If you take advantage of what the City Bar Justice Center has to offer, you’ll find yourself among the thousands of attorneys trained each year to provide pro bono legal services to low-income individuals. Beyond the satisfaction of helping others and fulfilling your obligation as an attorney to help ensure access to justice for all, you may get hands-on experience and skills not available to you in your day job.

By becoming a member of the bar association in the legal capital of the world, you are well positioned to become a leader of the legal profession. Above all, beyond whatever personal or professional benefits the Association may offer, it is an opportunity to serve the public and participate in today’s legal, moral and ethical debates as a steward of the profession. It was the fight against corruption and for a working justice system that brought together this Association’s founding members in 1870, and the City Bar’s mission and activities have been continually refined by successive generations as they considered and spoke out on the issues of their day. It’s your turn.

Carey R. Dunne is President of the New York City Bar Association.

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