By Charles F. Otey, Esq.

Do ‘expert witnesses’ still have the same sway in courtroom battles? Since it seems that “experts� can be found on every side of a key issue, do they still have the credibility necessary to establish or destroy a prima facie case?

These are the kinds of questions which will be aired by members of the Kings County American Inn of Court on Dec. 1, in a ninth floor courtroom at 360 Adams St. in a program appropriately titled “Expert Witnesses� directed by Justice Gloria Cohen Aronin and Rosario Marquis D’Apice.

They are directing a talented panel that will demonstrate the pros and cons of expert witnesses at trial and beforehand. The panel includes John Lonuzzi (BBA President), Michael Fishbein, Lawrence DiGiovanna, Judge Shawndya Simpson (not only a legal scholar, but reportedly an outstanding track athlete who matriculated at Pitt–Pittsburgh University); Adam Levien, Michael Good, Carmen Pacheco and Stephen Williamson.

Plaintiffs attorneys, in particular solo practitioners, have been hart hit by the soaring cost of “experts� over the last decade. “An orthopedist whose ‘time in court’ used to cost $2,500 for a half day now wants a guarantee of $5,000,� one trial colleague confided.

“We’re being squeezed on all sides,� he added. “Costs of trials are tripling in even the most basic accident cases and jurors are skeptical of ‘expert’ testimony—especially when they hear how much money they [the experts] get paid just to show up!�

President Helene Blank, one of the city’s top trial lawyers who has examined her share of “experts� at trial, advises that this invaluable program “is a transitional course appropriate for both newly admitted and experienced attorneys.�

Inn Administrator Marie Lattanzi is planning a gourmet buffet for members “at no charge� but reservations will be required. Secretary to President-elect Justice Gerard Rosenberg, she can be notified at (347) 296 1513 or mlattanzi@courts.state.ny.us.

Blank is aided this year by a noted slate of officers including Counselor Rosario Marquis D’Apice, Treasurer Marc Dittenhoefer, Secretary Justice Ellen Spodek. Immediate past president is Justice Neil Jon Firetog.

President Emeritus is former Justice Edward Rappaport. The inn’s executive director is Jeff Feldman.

Inn Masters are Justice Abraham Gerges (an Inn founder), Justice Gloria Cohen Aronin, Appellate Division Justice Cheryl Chambers, Civil Administrative Justice Sylvia Hinds-Radix, Criminal Administrative Justice Barry Kamins, Justice Marsha Steinhardt (a founder and former president), Justice Arthur Schack, Steve Finkelstein, Dave Chidekel, Mark Longo, Steve Goolnick, retired Appellate Division Justice Gabe Krausman and Harvey Weitz.

BBA’s Next Outreach Aids Consumer Debtors

The Public Outreach Program of the Brooklyn Bar Association (BBA), launched under the aegis of immediate past president Diana Szochet and urged onward this year by President John Lonuzzi, will stage a very timely program, especially apropos as we spend the high-spending holiday season.

Open to all who reserve in advance, the presentation is described by Szochet as “Consumer Debts: Know Your Rights.�

Leading barristers will discuss “various perspectives on consumer debt issues,� according to Sidney Cherubin, the supervising attorney for the Brooklyn Volunteer Lawyers Project. Here’s what’s on the agenda for the program, which gets underway at 6 p.m. on Dec. 14 at BBA headquarters, 123 Remsen St.

• What you need to know about Consumer Debt Law and The Decision To Hire an Attorney – by attorney Jeffrey Benjamin.

• What to expect when you represent yourself in a consumer debt action ... How to defend yourself in a consumer debt action — by Steven Grant.

What is the interplay between bankruptcy and consumer debt issues — by David Doyaga, a past BBA president.

This production is a unified effort by the BBA, the BBA Foundation and the BBA Volunteer Lawyers Project. Reservations are highly recommended and can be made through BBA Executive Director Avery Eli Okin — (718) 624 0675, or aokin@brooklynbar.org.

Barrister Bob Howe Lends Hand To Borough Pres. Marty

Brooklyn Borough President Marty Markowitz has demonstrated over the years that he can get cooperation from elected officials of the elected aisle, the most recent example being his now-critical, based on close tallies, backing of Republican Mayor Mike Bloomberg.

So it is no surprise that Barrister Bob Howe, one of the borough’s leading Republicans – an executive of the GOP County Committee – is a key player in the Markowitz ‘Shop Brooklyn’ promotion set for Nov. 27. It’s known to marketing experts as ‘Black Friday’ because it’s the one day annually when retail businesses confidently open their doors secure in the knowledge that they will earn a profit!

In reality, attorney Howe’s role in the day-after-Thanksgiving festivities will not be in his political capacity. Instead it will be as the forward-minded leader of the highly respected Merchants of Third Avenue, a community-oriented business unit which “traces its Bay Ridge roots back to 1933!� according to one spokesman.

“Bay Ridge is one of those places where merchants groups are very active in civic activities,� said President Howe. “In fact, most of our members live in Bay Ridge and send their children to Bay Ridge schools.�

“The ‘Black Friday’ in Bay Ridge will feature Santa Claus in a horse-drawn wagon sleigh,� said another merchant spokesman. “Our Santa [Chip Cafiero] attracted nationwide attention last year when his entourage got a traffic summons from an overzealous city agent!�

“Our Bay Ridge promotion is certainly a highlight of the entire ‘Shop Brooklyn’ effort,� the spokesman added. “This year we’re hoping that Bob Howe doesn’t have to go to court again to defend Santa!� (Santa’s Nov. 27 schedule can be accessed at www.thirdavenuebayridge.com.)

Borough President Markowitz is expected to be on hand at The Green Spa and Wellness Center, 88th Street and Third Avenue, a leading “green� enterprise operated by sisters Sheila and Maureen Brody with partner Maria Ingardia, at noon on Nov. 27, we are advised.

Time To Go Ahead With Atlantic Yards

The NIMAY (Not In My Atlantic Yards) people fought a good fight. But now that the state’s highest court has ruled against them, it’s time they withdrew from the field of battle so that Forest City Ratner can bring the NBA Nets and some positive development to the borough.

We love a good fight between the little guy and the big guy in this country. And, while it may easily be argued that when the Ratner people first set forth their plans for the Atlantic Yards the design it was too big, too high and would have used up hundreds of millions in public funds to an unfair private advantage of Ratner & Co.

But Develop Don’t Destroy Brooklyn (DDDB) took up the cudgels of resistance, scared several politicians and persuaded enough courts and administrative agencies that their cause had merit. In the process we’ve gained a realistic project that will indeed develop a portion of Brooklyn which has largely been on hard times since the Dodgers abandoned Ebbets Field.

The DDBB people, spokesman Daniel Goldstein and some news junkies may find it painful to uncover a positive alternate outlet for their energies now that their every press release or court action no longer poses an existential threat to the admittedly unpopular Bruce Ratner. Newspapers, as we always do, will find other items to inspire our front pages and our online efforts.

If there’s one thing that Brooklyn — and this country — needs now, it’s jobs. (One report stated there are 750 stalled construction projects throughout the city.) Since we’ve outsourced almost all of our manufacturing across the globe, big construction programs such as Atlantic Yards are sorely needed.

Well done, DDDB. But, it’s time to move on. DDDB should take on watchdog status, which is certainly nowhere near as glamorous a role as Daniel wielding his slingshot at a stumbling Goliath. But, someone has to make sure Ratner does the “right thing� by Brooklyn now that he’s had his eminent way.

PRO BONO BARRISTER is a weekly column dedicated to telling about the good that lawyers do. Send your comments or suggestions to this writer care of this newspaper or to COTEYESQ@aol.com.

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