By Charles F. Otey, Esq.
When the Brooklyn Bar Association holds its big Annual Reception this Dec. 7 at the Brooklyn Marriott, President John Lonuzzi and other Kings bar leaders will be able to cite a unique list of accomplishments extending far beyond the bounds of traditional barrister groups.
Specifically, we refer to the continuation of the vital public outreach to those harmed by foreclosures and usurious debt procedures. This is a vital, relevant program initiated under the aegis of former BBA President Diana Szochet and added to during this administration.
In this regard, we quote from President Lonuzzi in the recent edition of the Brooklyn Barrister wherein, under “Respectfully Submitted,” he wrote: “One of the many unfortunate byproducts of the current economic downturn is an unprecedented number of home foreclosures. Brooklyn has not been spared from this pervasive problem. As countless residents of our borough are facing the prospect of losing their homes because they cannot make their monthly payments.”
President Lonuzzi again saluted his noted predecessor and the Foundation Law Committee along with the Volunteer Lawyers Project, for their public programs on the foreclosure crisis.
“Foreclosure Update 2009,” as the offering was known, “featured a presentation by Supreme Court Justice Carolyn Demarest, who … [presented] ... a clear, concise and informative overview of the current crisis and how the courts are dealing with the situation, particularly here in Brooklyn.
“Jaime Lathrop, the VLP Foreclosure Intervention Program Director also gave a presentation explaining and tracing ‘the path of a foreclosure,’” wrote President Lonuzzi. Jamie, one of the bright lights on the Kings legal scene, detailed the steps a victimized homeowner could and should take. Moderating was Richard Klass, who discussed the possibilities of bankruptcy during a foreclosure.
Bankruptcy? Yes, bankruptcy. It’s not just for the major corporations anymore! Attorneys are running significant advertising campaigns geared to remove the stigma associated with bankruptcy. Paraphrasing, perhaps ironically, the old adage — “What’ s Good for General Motors Is Good for the USA!”
If, for instance, a family beset by catastrophic medical costs finds itself facing foreclosure or permanent financial damage, it just may make good sense to consider bankruptcy. The BBA and Barrister Klass perform a vital service by going public with this option which, until now, has been poorly understood by the public.
Andrea Bonina in Charge
At Upcoming BBA Fete
Chairing the fashionable fete at the Brooklyn Marriott will be President-elect Andrea Bonina, assisted by a slate consisting of First Vice President Ethan B. Gerber, Second Vice President Domenick Napoletano, Secretary Andrew Fallek and Treasurer Rebecca Woodland.
Providing continuity and credibility to every such BBA effort for the past two decades is Executive Director Avery E. Okin.
Meanwhile, President Lonuzzi, with characteristic candor, did not hesitate to step into the swirling debate over national health reform, especially as it applies to the legal profession and the duty of attorneys to properly represent their clients. Why? “One might ask how a broad issue like national healthcare reform affects a county bar association and its members,” he wrote. “The answer is simple: the threat of tort reform and limiting access to the courts.”
“In the context of the ongoing healthcare reform debate, several remarks have been made [both by those on the political right and the left] about how medical negligence settlements and verdicts and liability insurance premiums have impacted on healthcare costs,” he said.
He explained, “These remarks are generally accompanied by a suggestion that some type of tort reform is required as part of any remedy designed to fix our system of health care.”
The BBA head noted that “As a personal injury trial attorney myself and as a bar leader representing a number of trial attorney in Brooklyn, I get very concerned when I hear the term ‘tort reform’ bandied about. This is because ‘reform’ usually means further limitation on access to the courts,” he said.
President Lonuzzi didn’t get “political” in his article. For instance, he didn’t refer to the former President George W. Bush, who was known as the “Tort Reformer In Chief.” He earned this title in his various campaigns in Texas, where he ran as the candidate of the insurance industry. He was a key functionary in new laws were voted in, resulting in “caps” being placed on medical malpractice recoveries. While his campaigns alleged that the caps would bring down the premiums that physicians and hospitals paid annually, the record shows that Texas premiums have continued to soar and that the carriers have reaped even larger profits.
Physicians and hospitals have, in truth, been abused by the insurance carriers and so-called health management organizations. And, realistic examinations of the medical malpractice area should be conducted by responsible bar organizations. Because Messrs. Bush & Co. have branded all lawsuits “frivolous,” there has been scant opportunity for the negligence trial bar to help discourage legal actions that clearly lack merit.
Attorneys, physicians and hospitals will have to find middle ground in the ongoing crisis that threatens health providers who are mainly at the mercy of the big insurance carriers and the legislators they support — and control — in state and federal government.
Kings Panel Shows How
Movies Ignore Rules of Evidence
When the Hon. Barry Kamins, chief Kings administrative judge for criminal matters, teamed up with Justice Ellen Spodek for a Monday night presentation before the Kings American Inn of Court, the judges and barristers attending knew they were in for a treat.
The meeting was held in one of those “modern” criminal courtrooms at 320 Jay St. The topic was a very pop-art, “sexy” one of wide appeal, namely “Reel Justice: Ethical Issues in the Movies.”
With a talented crew of performers the Kamins-Spodek team used actual reels from seven popular films in which great liberties were taken with the rules of evidence and the applicable codes of ethics.
The movies reviewed in part were, in program order: My Cousin Vinny (for which Marisa Tomei, daughter of our colleague Gary and niece of Supreme Court Jurist Albert Tomei, won an Oscar), The Suspect (featuring Cher and some jury tampering that drove some trial attorneys screaming from theaters), War of the Roses (delightful depiction of a fairly realistic marital collapse with a very final climax), Runaway Jury (which neither plaintiff’s nor defendant’s attorneys prefer), The Jagged Edge (Beau Bridges’ seduction masterpiece); And Justice for all (Al Pacino deals with confidentiality issues) and The Firm (from the Grisham novel, with a very believable Tom Cruise as a rookie barrister in over his head).
We here at PBB have several questions as to whether the editorial license used in the foregoing flicks does a disservice to the public and the bar. But, then again, the same can be said about almost all movies and television shows (with the possible exception of the earlier law-firm drama, The Practice.)
Space and time limit this week’s review of the stellar Inn of Court program. But between now and next week we’d love to hear we’d love to hear from Inn members who attended “Reel Justice” and lawyers at large who have a bone to pick or a word of the praise about any of the Hollywood productions listed above.
We’re hereby officially requesting the views of President Helene Blank, Justices Gerard Rosenberg (the president-elect) and Arthur Schack (a new Inn master), Marc Dittenhoefer, Inn treasurer, and practically everyone else of course!
Seeking Red-Haired
Hohner Accordion Player
I am in earnest search of a young woman with red hair with whom I chatted briefly with last Thursday, about 2:30 p.m. while we were ascending on the (thankfully working) escalator coming up from the Manhattan-bound R train.
What struck me about her appearance was that she had a black backpack-like bag with sort of a bulky shape to it displaying ‘Hohner’ label across its length.
Quite a few years back, I played a Hohner accordion. It was a beautiful 98-base white ivory model. I still have it. So, I couldn’t resist stopping her to inquire: “Is that a Hohner accordion in your back-pack?”
She hesitated briefly, decided not to call for a TA cop, and flashed a warm smile exclaiming “Yes, it is!”
“I used to have a Hohner!” I exclaimed. “A beautiful instrument but I could never carry mine into a backpack!” As the escalator reached the top, another genuine smile from the young red-haired woman made my day. (I hasten to point out to the uninitiated that there is a special bond between accordion players.)
In retrospect, I should have asked her if she wanted to take custody of my “antique” Hohner. But I was at a rare loss for words as we walked our separate ways.
However, as soon as I emerged on Court Street heading to 360 Adams St., I felt like kicking myself for not at least offering her my Hohner. None of my kids want it. In fact they’re sort of embarrassed whenever I (rarely) take it out of its original weathered carrying box to play the “Third Man Theme,” my favorite — and the only song I can still play from memory.
Anyway, if the young woman with the Hohner in her backpack is interested in an ‘antique’ Hohner which is sort of broken, it’s hers. All she has to do is e-mail me at coteyesq@aol.com.
P.S.: My wife approves of the above message.
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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