Barbara Berger Opotowsky

Former City Bar Executive Director

A Clarity of Purpose, and a Purpose in Common

9/11 was a defining moment for the New York City Bar Association and for me. It was a time when we had an opportunity to provide service and affect policy. At a time when so many felt helpless, we were privileged to have an opportunity to help. It was a time when there was a clarity of purpose, when we knew what truly mattered and everything else was put aside. We, New York’s lawyers, the country, and much of the world, were united. As dark as those days were, we felt we had a common purpose.

If we had put on a disaster planning session a week before 9/11, we would not have been able to comprehend what we expected of ourselves and what we were able to do. One example tells it best. The death of thousands without the bodies of most of the victims provided an enormous challenge. The traditional death certificate procedure required evidence of death or a three-year wait. This barrier prevented families from beginning to settle their loved one’s affairs. A new death certificate policy was developed in weeks with the help of the City Bar’s Committee on Trusts and Estates, the City, and the Courts.

The Mayor announced the new death certificate procedure on Tuesday, September 25, and announced that lawyers would be available to assist families two days later. In one day, under the leadership of the City Bar Justice Center, we developed training materials and opened our doors on Wednesday night to train lawyers. Would anyone know about the training? Would they come? Eight hundred lawyers appeared at our doors. They filled the Meeting Hall, formed a winding line down the stairs and lined up down 44th Street. On Thursday, September 27, 120 trained lawyers were at the Family Assistance Center at Pier 94 to assist the families of victims. In one month, 1,800 death certificates were processed.

The emotional toll faced by the families in obtaining a death certificate was only the first step. The families faced a wide variety of legal issues, including trusts and estates, immigration, employment, landlord and tenant, insurance, family law, and others. But how could you expect a family that had suffered such a trauma to tell their story over and over to different experts? What evolved was the facilitator model. One lawyer would be the primary lawyer for the family and would coordinate all the family’s legal needs. That lawyer could call on a bench of experts in each of the areas of need. Like primary care physicians, the facilitator lawyer would be the primary contact for the families.

Four thousand individuals and families affected by 9/11 were represented by pro bono lawyers. Three thousand lawyers were trained to provide that representation. Each victim’s family was able to receive pro bono legal assistance.

As the months passed, it became clear that providing legal services was only one of the needs created by 9/11. The government’s response to the threat of terrorism began to challenge our civil liberties. A key strength of the City Bar has long been the varied expertise of its membership, allowing us to speak out on a wide area of policy issues. In November 2001, just two months after the terror attacks, the President issued an order to create military tribunals to address terrorist cases. Our Military Affairs Committee was able to step in with a depth of expertise in both military and constitutional law.

The proposed military commissions challenged long held rights, including the right to habeas corpus. Only one month after the President’s draft was released, in December 2001, the City Bar issued a comprehensive report highlighting the constitutional questions raise by the proposed tribunals and proposing alternatives. Our timely report informed the debate on military tribunals and, when the final rules were adopted, although not ideal, they included revisions reflective of the Military Affairs Committee report. This was only the first of dozens of reports issued in the years after 9/11 where we continued to highlight the need to protect our civil liberties. These reports were informed by the conclusion of that first report by the Military Affairs Committee: “[I]t is the behavior of a nation in a time of crisis that determines its greatness.”

The City Bar Justice Center provides legal services to those in need on a daily basis, and our committees weigh in on all areas of law on a regular basis. What was unique about 9/11 was that, at that moment in our history, everything else was put aside and we were united. We shared a clarity of purpose, and a purpose in common.