Legal community discusses problems with State Bar Association

June 27, 2017 By Rob Abruzzese, Legal Editor Brooklyn Daily Eagle

From left: Hon. Frank Seddio, immediate past president of the Brooklyn Bar Association; Michele Mirman, president of the Brooklyn Women’s Bar Association; Aimee Richter, president of the BBA; Sharon Gerstman, president of the New York State Bar Association; and Avery Eli Okin, executive director of the BBA. Eagle photos by Rob Abruzzese

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Leaders of the Brooklyn legal community got a chance to sit down with the president of the New York State Bar Association (NYSBA) for a Bar Leaders Summit, where they discussed some of the issues the bar associations face, in Brooklyn Heights on Wednesday.

Representatives from the Brooklyn Bar Association (BBA), the Brooklyn Women’s Bar Association, the Columbian Lawyers Association of Brooklyn, the Puerto Rican Bar Association, the Bay Ridge Lawyers Association, the Catholic Lawyers Guild, the Nathan R. Sobel American Inns of Court and the Brooklyn Brandeis Society met with Sharon Gerstman, president of NYSBA.

“Sharon Gerstman has made it her mission to visit all of the bar associations across the entire state,” said Aimee Richter, president of the BBA. “It’s a huge job, and we’re happy to have her here.”

The topics ranged from attorney pay caps, to lack of fully staffed courthouses, pro bono requirements, and how to grow bar associations.

“As I’ve traveled through the state, I’ve learned that while there may be similar themes, geography really does make a big difference in what attorneys are dealing with,” Gerstman said. “The purpose of my travels is to ask three questions — what are the greatest challenges to your practice? What are issues that you’d like the state bar to address? And how can we help you?”

Gerstman explained that the issues the various bar associations across the state vary dramatically depending on the location of the bar. In Brooklyn, the borough with the largest caseload in the city, the problems often dealt with the borough’s daunting caseload.

One issue that was addressed was the $75,000 limit that attorneys may be awarded by the courts. In most parts of the state it hasn’t been a major issue, but because of the large amount of cases in Brooklyn, attorneys can quickly reach that limit and be forced to turn down cases that fit their expertise.

“Let’s say a judge calls me up and asks me if I can take a case. But if I’m over the limit, I can’t take the case and now they might have to assign it to someone who doesn’t have the experience,” said Lamberti, who explained that the cap often hurts his guardianship and elder law practice “That slows the case down and there can be issues getting the work done at all. The only other option is to take it pro bono, but there are only so many of those that you can do and still turn the lights on.”

Brooklyn’s large caseload also means that the borough faces unique staffing challenges in the courthouses that can extend the life of a case.

“There are not enough court officers and not enough law secretaries and not enough people in the law department so motions can be adjourned for six months,” said Michele Mirman, president of the BWBA. “I do personal injury and it’s very tough. I hear all the time that the judges are overwhelmed.”

“Brooklyn is the busiest of the five county courts in the city,” Hon. Frank Seddio said. “We need five judges right now. I just spoke to an administrative judge who was begging for one.”

One judge in attendance explained that she has seen scenarios where a judge has a full calendar, but cannot begin trials for hours because the court doesn’t have enough court officers or court clerks that day.

“For the judges, the caseloads are crushing,” Richter said.

One problem that was addressed, and isn’t unique to Brooklyn, is how to keep the bar associations active and how to get younger attorneys involved.

Gerstman suggested ideas that she has seen work including getting younger attorneys involved with organizing events, and suggested that more experienced attorneys, particularly partners in big law firms, should be paying membership fees for their younger associates to participate in bar associations.

“Being involved in the bar association made me a better lawyer,” Gerstman said. “So making sure that younger attorneys are involved is very important not just for the bar associations themselves, but also to maintain the quality of the legal profession.”