Dear Colleagues in Law:
It is my distinct pleasure to serve as the 63rd President of the Richmond County Bar Association. I assume this leadership position with excitement and energy, ready to continue the proud tradition started by our Association’s first President Eugene L. Richards in 1909 and carried so capably forward by our immediate Past President Daniel C. Marotta. I am very happy to report that as we transition from our 107th year of existence into our 108th year, the state of the Association is extremely strong thanks in no small part to Past President Marotta’s able stewardship. We are on sound financial footing, we have solid numbers in membership which continue to grow and we are blessed with a talented Board of Directors and Executive Board. All of these individuals give generously of their time to ensure that the needs of the attorneys in Richmond Coun Our Continuing Legal Education (CLE) program, un-ersation
I am honored to serve as the 62nd president of the Richmond County Bar Association. In addition to the delayed opening of the new courthouse, we have many challenges that face our great organization. I pledge to serve as your advocate for the next year to take whatever steps that I can to protect lawyers, safeguard our members, and build upon the some 100 years of tradition
that we enjoy here at RCBA. I can assure you that I have no reservations whatsoever in asking hard questions and addressing difficult issues, whether they are in Albany, on Beaver Street or here in our backyard. We will continue to monitor proposed insurance regulation 208 and other coming changes in the real estate industry, always wary of how lawyers may be adversely affected, and what we can do to protect against imprudent incursions on our profession. We will also continue to monitor the implementation of the Uniform Bar Exam, and the New York online course portion. New York has long been the gold standard for attorney competency, and we have a responsibility to ensure that our profession is not cheapened in any way. The unauthorized practice of law has been rampant throughout this borough as well as throughout the City and State of New York. As a Bar Association, and as a profession, we need to step up and do more to protect lawyers and to protect the public. Board member Ron Castorina has agreed to accept the responsibility of this challenge, and will chair our Committee on the Unauthorized Practice of Law. Ron needs committee members who are in tune with this serious issue, and able to take action on our behalf. If you have reports of paralegals, process servers or others preparing legal documents, appearing in court or otherwise performing legal services, I beg you to contact Ron or myself immediately with any particulars that you can gather. We promise to act upon them swiftly and severely. I’ve also asked another board member, Orin Cohen, to revitalize our Membership Benefits Committee. Orin has agreed to do what he can to secure and solidify the panoply of benefits that you as members currently enjoy, and expand upon opportunities and partnerships with hotels, restaurants, car rentals, insurance and software producers that other bar associations enjoy. We also ask that if you or another attorney member are interested in participating, that you contact Orin or myself immediately. Our Annual Golf [and Tennis] Outing is scheduled for October 1, 2015at the RCCC. Please mark your calendars and plan to take the day to enjoy the surprises we have planned for this premier event. Also, I ask that you take a moment to visit the new and improved website at www.thercba.com which has a tremendous amount of resources attached to it as well as a listing of upcoming events. Being a lawyer is no easy calling, especially while we linger in a less than dynamic economic climate. Technology demands that we change how we run our offices and conduct our everyday business. This Bar Association will band together with others, to push to make sure that the integrity of our profession is preserved, respected and nurtured. In the interim, I hope you enjoy the summer months, and please do not hesitate to contact me with any issue that you may have, to talk, or to just offer to lend a hand.
Daniel C. Marotta, Esq.
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TEL: (212) 349-1200
As I sit here writing my 4th and final President’s Message, I want to convey that it has truly been an honor and privilege to serve this Association as your 61st President.
On March 2nd, the Board of Directors, RCBA delegates to the New York State Bar Association, the Past Presidents of our Association and the Judiciary of Richmond County had the pleasure of dining with Glenn Lau-Kee, Esq., President of the NYSBA, which has become an annual event. This event gives our Association the opportunity to discuss important and pressing issues with the NYSBA President in an informal setting that affect our livelihoods as attorneys. At this year’s dinner, we were able to discuss the amendment to the mandatory pro bono reporting requirements, as well as the proposed adoption of the Uniform Bar Examination by NYS, which has been opposed by our Board of Directors. It was also suggested to Glenn Lau-Kee, Esq. that maybe he can push for an 18-b panel to handle consumer credit cases in the Civil Court, since a majority of the litigants in those cases appear Pro Se; an idea he took quite an interest in.
I wish to advise our Members of some upcoming dates and events:
Mid-April – as I write this message, I have been advised that the new Courthouse should be opening (hopefully) in mid-April;
May 7th – Law Day will be celebrated in Judge McMahon’s Courtroom, and this year’s theme is “Magna Carta: Symbol of Freedom Under Law?” All are encouraged to attend and participate;
May 7th – our Annual Dinner will be held at the Hilton Hotel. This year’s Honoree is the Honorable Joseph J. Maltese. The recipient of the Richard D. Lasher Meritorious Service Award will be Claire Cody Miller, Esq. Please come out and support our Honorees;
June 2nd – our Annual Meeting and Elections to be held at the Staaten. There are 5 positions open for the position of Director, as well as the office of Treasurer. As I stated in my 1st Message, our Association is only as powerful as the dedication and efforts of our members. As such, I encourage all of you to become involved and active in our Association. Not only will you find it to be rewarding, but you may develop friendships that will last a lifetime, as I have found.
On behalf of all of our members, I want to express our deepest thoughts, prayers and condolences to the family of Judge Robert Collini, who passed away at an early age in March. Judge Collini, a respected jurist and advocate, will be truly missed by all, including our Staten Island legal community and family.
Christopher J. Fitzpatrick, Esq.
Greetings!!! First, I would like to wish all of our members a happy, healthy and prosperous New Year in 2015.
In recent developments, we have been advised by Glenn Lau-Kee, Esq., President of the New York State Bar Association, that the Office of Court Administration issued a statement on December 18, 2014. Said statement reads, in pertinent part, as follows:
Today the Administrative Board of the Courts unanimously approved modifications to the mandatory pro bono reporting framework in New York, consistent with the recommendations of Chief Administrative Judge A. Gail Prudenti and NYS Bar Association President Glenn Lau-Kee that were an outgrowth of their recent discussions on the subject.
The earlier rule that had taken effect in May, 2013 required attorneys to report their pro bono hours and charitable donations to legal service organizations when completing their biennial registration forms.
However, the Administrative Board of the Courts adopted a resolution to amend the earlier rule as follows:
· Attorneys are still required to report their pro bono hours and charitable donations, but will do so on an anonymous basis;
· Such information will be made available to the public on an aggregate basis only;
· The Courts will broaden pro bono and public service categories on the reporting form;
· All reported pro bono information submitted prior to the resolution change will be designated as strictly confidential.
The above changes were recommended by the House of Delegates of the NYS Bar Association at its November, 2014 meeting.
The Board of Directors of the RCBA will be meeting with Glenn Lau-Kee, Esq. this coming February, and will have ample opportunity to discuss these changes in greater detail.
Lastly, as most of you already know, Justice Leonard P. Rienzi recently retired in December. On behalf of the RCBA, we would like to thank Judge Rienzi for his years of dedicated service to the Staten Island legal community. We wish him nothing but happiness in his retirement years.
Christopher J. Fitzpatrick, Esq.
The Annual summer meeting of the New York State Bar Association was held this past June in Cooperstown, New York. The hot topic before the Association’s legislative body, the House of Delegates, centered around the mandatory pro bono reporting requirements.
As previously reported to you, the courts have enacted Section 118.1(e)(14) of the Rules of the Chief Administrator of the Courts, which requires lawyers to state under oath in their biennial registration form the number of hours spent providing voluntary legal services to poor and underserved clients, as well as the amount of voluntary financial contributions made to organizations primarily or substantially engaged in providing legal services to the poor and underserved. This rule was enacted without any input or suggestions from the NYSBA, or any of the county bar associations for that matter.
At the June meeting, a prior resolution of the NYSBA Executive Committee was again brought before the House of Delegates for further debate, and a potential vote. Said resolution states, in relevant part, as follows: “that the Association reiterates and reaffirms its opposition to mandatory reporting of pro bono services and mandatory reporting of financial contributions to organizations engaged in providing legal services to the poor and underserved and shall continue to express its opposition to such mandatory reporting, and shall pursue such other and further actions as may be appropriate for the purpose of achieving the repeal of Rule 118.1(e)(14) of the Rules of the Chief Administrator.”
After further discussion and debate, the vote on the resolution was ultimately postponed until the November 1, 2014 meeting at the urging and request of NYSBA President Glenn Lau-Kee, who informed the delegates that he was engaged in on-going discussions and/or negotiations with Chief Judge Jonathan Lippman and Chief Administrative Judge A. Gail Prudenti, in an attempt to resolve the parties’ impasse on this very sensitive subject matter.
As previously stated, we, as lawyers, truly understand the serious unmet needs of the indigent, and give of ourselves voluntarily on a regular basis, in some form or another. However, our desire to provide volunteer services should not be subject to the pressures of mandatory reporting requirements.
I intend to keep you all informed of any further developments concerning this issue as I become privy to same.
Christopher J. Fitzpatrick
It is truly an honor and privilege to have become the next President of the Richmond County Bar Association.
I have been practicing law for 19+ years, and of those years, I have served this Association, either as a Director or Officer, for the past eleven years. I am now entering my 12th year as your President.
I am a member of the law firm of Jacobi, Sieghardt, Bousanti, Piazza & Fitzpatrick, P.C., having started in the firm as an associate in June, 1999. My now partners taught me that our Association is only as powerful as the dedication and efforts of its members, as well as the value of this Association to our role as practicing attorneys.
As President of this Association, I have some big shoes to fill, not only in following our immediate Past President, Thomas Hall, but the Past Presidents that came directly out of my law firm; namely, Sidney Jacobi and Clelia D’Alessandro, the founders of my firm, Judge Pasquale BiFulco, Mordecai J. Jacobi, George A. Sieghardt, Mark Piazza, and Grace Mattei, who became President after she had left the firm to open her own practice, but who worked for the firm of “Jacobi, Sieghardt” as an associate for a number of years.
For those of you that don’t know, the Mission Statement of our Association reads as follows: “The Richmond County Bar Association is dedicated to advancing its members’ professional development, promoting the highest standards of excellence in the practice of law and facilitating access to legal services for the Richmond County community.” It is an Association that was founded by attorneys for promoting the interests and development of attorneys. As such, I am here to work for you, our members. As President, I have no intention of reinventing the proverbial wheel, but instead simply want to keep our Association pointed in the right direction.
My goals for the coming year are simple. First, I will continue to work closely with the NYSBA in opposing the mandatory reporting requirements being imposed by the Office of Court Administration, requiring attorneys to report pro bono services and financial contributions to organizations engaged in providing legal services to the poor and underserved. Instead, I believe it is necessary to explore other alternatives and options. As lawyers, we understand the serious unmet needs of the indigent, and we give of ourselves voluntarily on a regular basis. However, our desire to give volunteer services should not be subject to the pressures of coercive reporting requirements.
Second, I will continue to look to expand the efforts of our Volunteer Lawyers Project, that is spearheaded by our very own Sheila McGinn. This Project assists qualified homeowners in defending foreclosure actions, and helps many of these individuals procure loan modifications, enabling them to remain in their homes.
Third, I will seek to involve all of our members, both young and old, in our various committees, activities and Bar functions. I want all of our members involved, and I want everyone in our Association to have a voice.
Next, I look forward to working with the Judiciary to ensure a smooth transition into the new Richmond County Courthouse, which is slated to open sometime in September. As with every new venture or beginning, there are always growing pains and kinks that need to be ironed out. At that time, if you, our members, have any comments or concerns, I want to hear them, so that we can properly address them with the Judiciary.
Finally, with the assistance of the other Officers, as well as our capable Board of Directors, we are ready to tackle any new issues that are expected to arise in the coming year.
I would like to thank Thomas Hall, our immediate Past President, for his hard work and dedication this past year. You are a true professional in every sense of the word, and you always had the best interests of our members in mind during your Presidency.
Finally, I look forward to working for you, our members, and look forward to working with the Judiciary to accomplish all of our intended goals.
I find it hard to believe that this is already my fourth President’s message that I have written for the RCBA Journal. This means that my time as President is speeding by quickly and will be over before I know it. It continues to be an interesting and fun ride!
Our Board has been busy with a number of activities. As we have done over the past few years, in January the Richmond County Bar Association sponsored a reception with the President of the New York State Bar Association, David Schraver and the President Elect, Glenn Lau-Kee. We have found these annual receptions to be quite beneficial on the State Bar level as it gives our Board, and our Delegates to the State Bar, greater visibility and access to key decision makers in the State Bar when addressing issues of concern to our members. This year we were also honored to have in attendance the President of the American Bar Association, James Silkenat. Having an ABA President at an RCBA function was truly a “first”. I am quite grateful that Jim Silkenat took the time from his busy schedule to meet with us.
Also in January, Judge McMahon held her annual outreach program in which local high school students experience, first hand, the devastating effects that drunk driving and substance abuse have on both the criminals and the innocent victims. Among other things, the students got to sit in on arraignments before Judge Rienzi where they saw how substance abuse irrevocably destroys numerous lives.
We are busy working on our Law Day celebration which will take place on May 1st in Judge McMahon’s Courtroom. This year’s theme is “American Democracy and the Rule of Law: Why Every Vote Counts.” All are welcome and encouraged to participate.
We are also busy planning our Annual Dinner, which will be held on May 8th at the Staten Island Hilton. This year’s Honoree is the Hon. Barbara I. Panepinto. We will also be recognizing Pete Sipp with the Richard D. Lasher Meritorious Service Award.
Finally, this is also the time of year when the RCBA is planning its annual meeting where we have elections for Officers and Directors. I strongly encourage all interested and qualified attorneys to run for office. This is YOUR Bar Association - I urge you all to be active and make a positive impact on the practice of law in our community. If you are not ready to run for an elected position, join a committee, volunteer to help out at an event or find another way to get involved. I think that you will find that when you get involved in the Bar Association, you get much more out of it than you put into it.
The New Year is upon us and I hope that 2014 is a happy, healthy and fulfilling year for each and every one of our members. One thing I would like to see in the New Year is for the mandatory pro bono reporting requirements to be eliminated in their entirety. As most of you are probably aware (although I have, at times, been surprised to find out how many are not), as part of the biennial attorney registration, you must now report two things regarding your pro bono activities to OCA: (a) the number of voluntary unpaid pro bono hours you have performed and (b) the dollar amount of voluntary financial contributions you made to organizations primarily or substantially engaged in the provision of legal services to the underserved and to the poor.
Don’t get me wrong, I am not against lawyers voluntarily performing pro bono work or donating money to organizations that provide legal services. In fact, lawyers have a long and honorable tradition of doing such things voluntarily. Indeed our Rules of Professional Conduct contain an aspirational goal of providing pro bono legal services to the needy. However, the mandatory pro bono reporting requirements are just wrong on a number of levels.
First, there is no denying that the mandatory reporting requirements are coercive. Once the hours and financial contributions are reported on the biennial registration form, they become available for the public and the media to obtain and publicize or use as they see fit. This certainly makes “voluntary” pro bono not so voluntary any more. Will attorneys seeking political office or judgeships feel compelled to perform more pro bono hours and make more financial donations to legal service organizations so that they will look like “better” candidates? If so, haven’t we, to some degree, crossed the line from “voluntary” to “mandatory”?
Second, in my view, the reporting of financial contributions is an invasion of privacy and certainly none of OCA’s business. Whether an attorney chooses to contribute to his or her church, synagogue, law school, college or a charitable organization the provides legal services is, quite frankly, nobody’s business. Moreover if an attorney cannot make such contributions in a particular year because of personal reasons (e.g having a sick child, three kids in college or just not making enough money to get by) why should this "failure" to make charitable contributions be reported to OCA and potentially published to the world? How does the amount of financial contributions have any bearing on an attorney’s fitness or competence to practice law?
Third, this focus on reporting pro bono activities ignores and therefore minimizes the numerous other things that lawyers do without compensation that benefit society and the administration of justice. For example, many lawyers donate their time to serve on boards of charitable organizations, perform bar association activities, act as arbitrators in small claims court and engage in many similar charitable and civic activities which do not qualify as pro bono.
Finally, one has to wonder why these new rules were passed without any notice to any organized bar, including the New York State Bar Association, and therefore there was no opportunity to comment on the rules before they were imposed on attorneys.
Turning to another topic, the end of 2013 also marked the retirement of the Hon John A. Fusco from a long and distinguished career on the Bench. He will be sorely missed. After many years as a private practitioner, he has ably served Staten Island in many positions including as member of the City Council, Surrogate and Supreme Court Justice. His tireless work ethic, professional demeanor and desire to simply do what is right and just in all cases that have come before him provide a great example for all of us. He leaves some big shoes to fill. I wish him many happy and healthy years in his “retirement.” However, not surprisingly, Judge Fusco will continue to serve the citizens of Staten Island in his new position as Counsel to the Boro President. The judicial system’s loss will certainly be the Boro President’s gain.
Exciting things are happening this Fall!
Summer is over, vacations are finished, the kids are back in school and businesses of all types seem to get a burst of additional activity as everyone gets back to full swing. The practice of law is no different. There is an undeniable increase in the flurry of activity as one walks through the Court House. While there is a collective pang of regret as everyone laments another summer having flown by way too quickly, there is also a palpable feeling of renewed energy and vigor.
I noticed this feeling of renewed energy and vigor being present the other day when I was in the Supreme Court parts at 130 Stuyvesant Place. I also noticed how terribly inadequate theses Court facilities are for the volume of cases being handled by our Judges. There were Attorneys standing in the hallway while calendars were being called, straining to hear when their cases were called. I noticed one elderly attorney in particular who, although he was lucky enough to get into the Courtroom, had to stand through the entire calendar call. He looked quite fatigued as he left the Courtroom after arguing his motions. I also noticed a pro se litigant who was unsure about what to do about his case when he saw the crowd of attorneys standing in the doorway trying to hear the calendar call. He was confused about what was going on and was about to leave when a Court Officer happened to come by and assisted him. It is a testament to our Judges, Court Personnel and Attorneys, that these inadequate facilities are tolerated day in and day out.
The first exciting thing that is predicted to happen this Fall is the (scheduled) completion of the new Court House. The most recent official word that I have heard, is that the new Court House is still scheduled to be completed in “late Fall.” The work certainly seems to be progressing, but knowing the vagaries of construction schedules, I am cautiously optimistic. Whether it actually happens in the Fall, or later, I am sure we are all looking forward to the day when the new Court House opens. The new Court House will undoubtedly go a long way to enhancing the efficient administration of justice on Staten Island. This, of course, benefits everyone - Judges, Court Personnel, Attorneys and our clients.
The second exciting thing that will happen this Fall is that our Bar Association will be having a CLE program at The Palms in Las Vegas! While our Association regularly conducts excellent CLE programs on Staten Island, this is the first “destination CLE” offered in many, many years. There has been a strong response so far and I would encourage everyone who can make it to do so. This “destination CLE” will be a great opportunity to learn, earn some CLE credits, socialize with your colleagues and have lots of fun. I am looking forward to a great time! I hope to see you in Vegas!
I truly feel privileged, humbled and honored to be the President of the Richmond County Bar Association. I am very excited about the upcoming year. I want to express my personal thanks to Tom Sipp, our Immediate Past President, for his outstanding dedication, hard work and overall fine job that he did in leading our Association.
Attorneys and Bar Associations all over this state do good things for the public day in and day out. These good deeds typically go largely unnoticed and are often unappreciated. One small example of a good deed that is done year in and year out by the RCBA is the Summer Law Intern program where the RCBA provides a stipend to law students who work for the Court System. Although the stipend is unquestionably modest, the program provides a valuable opportunity for law students to gain first hand experience in the judicial system. Another example of ongoing good deeds is the RCBA Volunteer Lawyer Project (“VLP”). As most of you know, the VLP provides pro bono legal services to indigent homeowners faced with foreclosure of their home mortgages. Finally, individual attorneys, in all types of practices, frequently provide pro bono legal services without any fanfare.
In fact, the American Bar Association released a comprehensive report in March of this year which concluded that, on average, practicing attorneys perform nearly 60 hours per year of pro bono legal services. I think most people would agree, that this is a truly remarkable statistic. The ABA model Rules of Professional Conduct contain an aspirational goal that every lawyer should provide 50 hours of pro bono service each year. The ABA study is empirical proof that most attorneys voluntarily adhere to the aspirational goal of providing significant amounts of pro bono.
Notwithstanding the foregoing, as most of you probably know, new law school graduates will soon be required to perform fifty (50) hours of mandatory pro bono legal service as condition to their admission to practice law in New York State. While I understand the importance of providing adequate legal services to the poor, this is a societal obligation, and not something that should be foisted upon the shoulders of lawyers or, worse yet, upon graduating law students (many of whom are already saddled with a staggering amount of student loan debt). Moreover, making pro bono “mandatory” takes the aspirational aspect out pro bono. I can’t help but think that mandatory pro bono may be resented by many incoming attorneys - making it less likely that they will voluntarily perform pro bono in their future years. Only time will tell.
Whatever one’s personal feelings are on the mandatory pro bono topic, as a Bar Association, we should provide a vehicle for Staten Island residents to provide their pro bono service in their home community. The RCBA Volunteer Lawyer Project is the perfect conduit for providing law students and law graduates with an opportunity to fulfill their pro bono requirements on Staten Island. Accordingly, I would like to see the VLP partner with the New York law schools and provide an opportunity for Staten Island law students, in particular, to perform their pro bono work in their own community. This is one goal that I am looking forward to accomplishing in the upcoming year. I am sure that we will be able to do so.
On a lighter note, the summer season is upon us!! I hope that you all have a healthy, safe and enjoyable summer.