Courts and Law

Pro Bono Barrister: Inn panel reviews whistleblowers avoiding verdict distraction

June 2, 2014 By Charles F. Otey, Esq. Brooklyn Daily Eagle
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When the Kings County Inns of Court, led by President Ellen Spodek, held its regular CLE-oriented session Tuesday night, one of the panelists occupying center stage at Brooklyn Bar Headquarters had a special reason to smile.

Yet, Gus Mallas, who just had his personal injury verdict for $18.7 million affirmed by the Court of Appeals, was just another cast member in an artfully-contrived series of skits that provided insight into the legal advantages and disadvantages facing would-be whistleblowers these days.

With moderator Mark Longo  maintaining a professional atmosphere, there were no untoward comments about Mallas’ victory, as all of the panel members did their best to present the many dilemmas that lawyers face when a client — or even the lawyer herself — gain knowledge that demands public disclosure.

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There seemed to be a consensus that all lawyers — whether serving on the board of a malfeasant corporation, or coming into knowledge that the corporation is putting lives at risk  (think General Motors and its phony recall of floor mats instead of faulty ignitions) — face dilemmas, conflicts of interest and worse when they become whistleblowers.

One role, portrayed with perfection by barrister Mallas, featured him as a whistle-blowing cop in a recent incident, one involving an actual drama that played out at the NYPD’s Coney Island precinct.  

Mallas, whose office is in Bay Ridge, was excellent — accent and all — in the role of the aggrieved detective who refused to “take a fall” in a homicide investigation that had been botched by another detective.

The entire performing panel, led eloquently by Longo, was composed also of Fran Malfa, Steve Solomon, Brian Kiernan, Victoria Wickman and Steve Goolnick (who wrote the “Coney Island Whistleblower”  scenes) and delved into the dangers that lawyers face when they serve on a number of separate corporate boards and receive per diem stipends from each.

“It’s clear from this [the presentation] that any lawyer who takes a position on a corporate board runs an extra risk,” a barrister from the floor said. “It seems that every time she sees wrongdoing by other board members, the companies’ officers, or managerial staff, she faces a dilemma.”

Moderator Longo acknowledged that there would be constant tension for lawyers who want to do the right thing, but run the risk of getting into situations in which their ongoing obligations to the court come in direct conflict with their corporate responsibilities.

(Post note: Some members discreetly congratulated barrister Mallas; one heard to say, “It couldn’t happen to a nicer guy.” We agree.)  

* * *

Kings Inn June Gala Set for Red Gravy Restaurant

President Justice Ellen Spodek announced that the Inn’s Gala would be held on June 16 at the Red Gravy Restaurant at 151 Atlantic Ave. in Brooklyn. There is no charge for members, but there will be a charge for guests. She asked that members promptly get in touch with Inn Administrator Lucinda DiSalvo at [email protected].

The Inn, now in its 40th year, has the assistance of other officers, including President-Elect Dave Chidekel, Counselor Justice Arthur Schack, Treasurer Justice Miriam Cyrulnik and Secretary Jon Besunder. Immediate past president is Marc M. Dittenhoefer. Executive Director is Jeff Feldman.

These Inns, following the practice of the ancient English Inns of Court — celebrating their 800th year of service to the profession — are each  governed by a Board of Masters that includes Appellate Division Justice Cheryl Chambers, Judge Joanne Quinones, Justice Carl Landicino, Federal Judge William Kuntz, Kings Criminal Court Chief Judge Barry Kamins, Appellate Division Justice Sylvia Hinds-Radix, Hon. Gloria Cohen Aronin, Lawrence DiGiovanna, Mark Longo, Steve Harkavy, Victoria Lombardi, Steve Finkelstein, Steve Goolnick, Joseph Rosato and Paul Weitz.

The Kings Inn, a chapter of the U.S. Inns of Court, was founded by Justice Marsha Steinhardt, retired Justices Gerard Rosenberg and Abraham Gerges and former Justice Edward Rappaport, who serves as president emeritus.

* * *

Inn Co-Founder Justice Steinhardt To Head Women’s Bar Association

Also announced at the Inn meeting was the upcoming Brooklyn Women’s Bar Association Dinner, at which Justice Marsha Steinhardt — a co-founder of the Kings Inn of Court Chapter — will be installed as BWBA president.

The ceremony will take place at 5:30 p.m. on June 10 in the Kings County Supreme Court Central Jury Room, on the main floor of 360 Adams St.

A reception will follow and those who would like to attend should RSVP by June 5 to [email protected].

 


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