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Annual Meeting
May 25, 2017
HONORED GUESTS, MY FELLOW NYCLA MEMBERS, LADIES AND GENTLEMEN,
AS THE INCUMBENT PRESIDENT, I AM REQUIRED TO PRESENT A REPORT ON THE ASSOCIATION’S ACTIVITIES SINCE THE LAST ANNUAL MEETING. IN ACCORDANCE WITH RECENT CUSTOM, A WRITTEN REPORT ON THE ACTIVITIES OF THE LAST YEAR IS AVAILABLE FOR YOUR REVIEW.
I AM TAKING THIS LAST OPPORTUNITY AS YOUR PRESIDENT TO DISCUSS THE FUTURE OF OUR ASSOCIATION.
BEFORE I DO, I WOULD LIKE TO MENTION BRIEFLY THE ISSUES WE ARE NOT DISCUSSING, INCLUDING: OUR BROKEN IMMIGRATION SYSTEM, THE CONFLICTING AND DISTURBING TRENDS IN THE DEVELOPMENT OR DECONSTRUCTION OF ADMINISTRATIVE LAW AT ALL LEVELS OF GOVERNMENT, THE UPCOMING VOTE ON A NEW YORK STATE CONSTITUTIONAL CONVENTION, OR THE CONTINUING STRESSES ON THE JUDICIARY AS IT TRIES TO MAKE DECISIONS BASED ON THE LAW AND THE FACTS, NOT IN RESPONSE TO POLITICAL OR MEDIA PRESSURE TO NAME BUT 4. I WISH THAT IS WHAT I COULD DISCUSS WITH YOU. . . .
“BUT, THE TIME HAS COME THE WALRUS SAID TO SPEAK OF MANY THINGS, OF SHOES AND SHIPS AND SEALING WAX, OF CABBAGES AND KINGS AND WILL THE OCEANS BOIL AND WHETHER PIGS CAN FLY.” APOLOGIES TO LEWIS CARROLL
A BAR ASSOCIATION IS IN THE WORDS OF OUR 8TH PRESIDENT, CHARLES EVANS HUGHES, MORE THAN “LIBRARIES AND RECEPTION HALLS.” IS ABOUT MAINTAINING “STANDARDS OF SOUND LEARNING, LOYALTY TO THE LAW AND FIDELITY TO TRUST AND THE READINESS FOR EXPERT PUBLIC SERVICE.” AND OUR RECORD OVER THESE LAST 109 YEARS IS A TESTAMENT OF OUR COLLECTIVE COMMITMENT TO CHIEF JUSTICE HUGHES’ VISION.
BUT — THE NYCLA IDEALS OF COLLEGIALITY, INCLUSIVENESS, JUDICIAL INDEPENDENCE AND IMPROVING THE JUSTICE SYSTEM HAVE FROM TIME TO TIME BEEN LOST TO THE DAY TO DAY OBLIGATIONS OF OPERATING A PHILANTHROPIC INSTITUTION IN THIS MODERN WORLD. I HAVE SPENT TIME OVER THE LAST SEVERAL YEARS, THINKING ABOUT WAYS TO SIMPLIFY THE ORGANIZATION: RESTORE OUR FOCUS ON OUR IDEALS AND IMPROVE OUR SERVICE TO MEMBERS.
TO THIS END, OVER THE LAST TWO YEARS, I ASKED OUR BOARD TO CONSIDER SOME HARD QUESTIONS. THE HARDEST OF THESE WAS WHETHER 14 VESEY STREET STILL SERVES OUR NEEDS.
THIS CASS GILBERT GEM, THIS BEAUTIFUL BUILDING WHICH HAS NEARLY 60,000 SQUARE FEET WAS INTENDED TO HOUSE A PAPER BASED LIBRARY.
THIS LIBRARY WAS A CRUCIAL PART OF NYCLA FOR ITS FIRST 80 YEARS OR SO. DURING THAT TIME, THE HEAD LIBRARIAN FUNCTIONED AS THE EXECUTIVE DIRECTOR. THE LIBRARY WAS THE GREAT LEVELER, ENSURING THAT SMALL FIRM AND SOLO PRACTITIONERS HAD ACCESS TO FIRST CLASS RESEARCH MATERIALS.
BUT 20 YEARS AGO, THAT BEGAN TO CHANGE. BOOKS, PAPERS, ARTICLES AND JOURNALS AS WELL AS CASE REPORTERS WERE DIGITALIZED. I CARRY A FULL LAW LIBRARY AROUND ON MY IPAD. WITH A MOBILE PHONE AND AN IPAD, I HAVE MY LAW LIBRARY, A WORLD CLASS COMMUNICATIONS SYSTEM AND MY FILES IN MY HAND. PAPER LIBRARIES ARE BY AND LARGE AN ANACHRONISM.
WITH TECHNOLOGY, THE PRACTICE OF LAW CHANGED, WE ADAPTED AS A PROFESSION TO THE DIGITAL AGE WITH MORE VIDEO CONFERENCES AND TELEPHONE CONFERENCES, FEWER IN PERSON MEETINGS. WE LIVE ON OUR CELL PHONES, LAP TOPS AND I PADS. WE HAVE E-FILING. MY FIRM AS NO FILE ROOM IN THE NEW YORK OFFICE, JUST A SERVER ROOM FOR THE COMPUTER EQUIPMENT.
NYCLA AS BEEN MAKING CHANGES TOO, STARTING 7 YEARS AGO, WE MADE MAJOR INVESTMENTS IN TECHNOLOGY. FOR EXAMPLE, WE PUT COMPUTER TERMINALS IN THE LIBRARY, WE INVESTED IN INTERNET MARKETING AND BRANDING AND THIS YEAR WE LAUNCHED A NEW WEBSITE THAT IS EXPANDING OUR FOOT PRINT. WE ALREADY HAVE A HIGHLY RESPECTED AND SOUGHT AFTER REAL ESTATE LAW BLOG WITH A NATIONAL REACH.
FOR THE LAST YEAR, THE STAFF, THE BOARD AND THE LEADERSHIP HAVE BEEN WRESTLING WITH THE ISSUES SURROUNDING 14 VESEY STREET. I FORMED A TASK FORCE ON THE FUTURE OF THE ASSOCIATION, WITH SPECIFIC REGARD TO REAL ESTATE AND TECHNOLOGY ISSUES FOR THE 21ST CENTURY BAR ASSOCIATION. THAT TASK FORCE, LED BY MICHAEL MCNAMARA AND STEVE LESSARD, RESPECTIVELY AS PRESIDENT ELECT AND VICE PRESIDENT INCLUDED A DIVERSE GROUP OF MEMBERS, AND WAS INTENDED TO HAVE ALL THE VOICES OF THE ASSOCIATION AT THE TABLE.
OVER THE LAST 15 YEARS, PRESIDENTS AND BOARDS OF THIS ASSOCIATION HAVE DEVOTED MANY HOURS, TOO MANY HOURS TO REAL ESTATE PROPERTY
MANAGEMENT AND ISSUES OF ELEVATORS, WINDOWS, ROOFS, SEWER LINES, SPRINKLERS, WATER LINES, AIR CONDITIONING, PROPERTY TAXES, INSURANCE AND FIRE ALARMS. WE NEED GET BACK TO THE BUSINESS OF THE BAR ASSOCIATION, TO PARAPHRASE ALTON PARKER — HELPING OUR MEMBERS TO ELEVATE THEIR PRACTICES AND WORKING TO MAKE THE JUSTICE SYSTEM” MORE SIMPLE, MORE RAPID AND MORE EXACT.”
WITH THE APPROVAL OF THE BOARD, WE RETAINED GENSLER ARCHITECTS TO EVALUATE OUR SPACE NEEDS. THAT PROCESS WHICH INVOLVED THE STAFF, THE LEADERSHIP, THE EXECUTIVE COMMITTEE AND THE TASK FORCE REQUIRED SEVERAL MONTHS IN DEVELOPING A VISION FOR NYCLA IN THE 21ST CENTURY AND EVALUATING OUR REAL ESTATE NEEDS.
WE LOOKED AT THE DATA WE HAVE ON THE USE OF THE BUILDING. THE LIBRARY IS USED BY A FEW MEMBERS REGULARLY. MOST MEMBERS DO NOT USE THE LIBRARY OR VISIT THE BUILDING. WHEN MEMBERS DO VISIT IT IS OFTEN FOR AN EVENT SUCH AS THE IDA BELL WELLS BARNETT AWARD OR THE HUGHES LECTURE OR A RECEPTION. OR AN ANNUAL MEETING.
WE LOOKED AT THE COST OF THE BUILDING AND THE FUTURE NEEDS OF THE BUILDING. WE SPEND MORE THAN $600,000 A YEAR OPERATING THE BUILDING WITHOUT REGARD TO FUTURE CAPITAL NEEDS.
WE HAVE CONFIRMED THROUGH THIS PROCESS, SOMETHING THAT MANY OF US WERE THINKING PRIVATELY; WE NO LONGER NEED TO HOUSE A LIBRARY OF 3040 THOUSAND SQUARE FEET AND THEREFORE WE NO LONGER NEED 60,000 SQUARE FEET.
WE LEARNED WE NEED ABOUT A THIRD OF THE SPACE WE NOW HAVE, INCLUDING MODERN OFFICE SPACE EQUIPPED WITH ADVANCED TECHNOLOGY. WE NEED SOME SPACE FOR BOOKS AND SOME TEMPERATURE CONTROLLED OFF SITE STORAGE FOR SOME LIBRARY MATERIALS. WE NEED CO WORK SPACE AND LOUNGE SPACE FOR MEMBERS. AND WE NEED EFFICIENT, ATTRACTIVE EVENT SPACE FOR MEMBER GATHERINGS LARGE AND SMALL.
TO EVALUATE OUR OPTIONS, AGAIN WITH THE BOARD’S APPROVAL, WE RETAINED CBRE TO ADVISE US ON THE BUILDING. WITH CBRE’S GUIDANCE, WE ARE NOW TESTING THE MARKET TO UNDERSTAND THE VALUE OF THE BUILDING AND THE COST OF SUITABLE REPLACEMENT SPACE, IF APPROPRIATE.
AS YOU KNOW, RECENTLY, WE SENT YOU A SURVEY ASKING ABOUT THE YOUR VISION FOR NYCLA. IN THIS WAY, WE ARE CARRYING ON IN THE TRADITION OF NYCLA, WHICH ONCE HELD A POST CARD SURVEY ON WHERE TO LOCATE THE
ASSOCIATION, DOWN TOWN OR MID TOWN. I URGE YOU TO RESPOND TO THE SURVEY.
WE ARE NEW YORKERS, AND FOR US, REAL ESTATE IS JUST ANOTHER TOOL TO BE USED TO ADVANCE THE MISSION. IN THIS CASE, ADDRESSING OUR REAL ESTATE NEEDS REALISTICALLY. THIS WILL ALLOW NYCLA TO RETURN TO THE BUSINESS OF PROMOTING EQUAL ACCESS TO JUSTICE, IMPROVING THE JUSTICE SYSTEM, WORKING ON THE HARD ISSUES OF PROFESSIONAL ETHICS AND THE FUTURE OF THE PROFESSION AND MOST IMPORTANTLY, MEETING THE NEEDS OF OUR MEMBERS.
AND THIS BUILDING WHICH WILL BE STANDING A CENTURY FROM NOW NO DOUBT WILL ALWAYS BE PART OF OUR HISTORY, BUT PERHAPS NOT OUR HOME FOR ALL TIME.
AS I STATED WHEN WE SAID GOOD BYE TO THE WALDORF BALLROOM, IT WAS JUST A ROOM, THE DINNER, THE COMPANIONSHIP, THE OPPORTUNITY TO SEE FRIENDS AND COLLEAGUES, THAT IS WHAT MATTERS. THIS IS JUST A BUILDING, ALBEIT A BEAUTIFUL BUILDING BUT, NYCLA IS BIGGER AND MORE IMPORTANT THAN A BUILDING, IT IS AN IDEA AND IDEAL. WE CANNOT ALLOW THE BUILDING TO OVERTAKE THE DREAM AND WE STILL HAVE SO MUCH TO DO.
PLEASE MAKE NO MISTAKE ABOUT THIS PROCESS, IT HAS BEEN DELIBERATE AND ORGANIZED BECAUSE IT IS COMPLETELY OF OUR CHOOSING. THE TIME LINE AND DECISIONS ARE OURS TO CONTROL.
BUT, AS A REALIST WHO HAS BEEN DEALING WITH THIS BUILDING AND THE ISSUES POSED BY IT SINCE 2007, I OFFER THIS CHOICE TO MY SUCCESSORS AND FRIENDS FOR NYCLA’S FUTURE:
FOR MICHAEL, YOU HAVE THE METAPHORICAL CHOICE OF A HAMMER OR A MOVING VAN. CHOOSE WELL.
AND FOR STEVE, YOU HAVE A CHOICE, A RACE CAR OR A HAMMER. FOR YOUR SAKE, I HOPE MICHAEL CHOOSES WELL.
AS I PASS INTO THE RANKS OF THE LIVING FORMER PRESIDENTS, I WILL SAY CANDIDLY, THAT I BELIEVE THAT NYCLA WOULD BE LIBERATED AS A BAR ASSOCIATION TO REACH ITS FULL POTENTIAL IF ITS STAFF AND VOLUNTEER LEADERSHIP ARE NOT CONSTANTLY DEALING WITH THE DEMANDS OF A HISTORIC BUILDING THAT NO LONGER SUITS OUR NEEDS. SO FREED, NYCLA WILL BE MORE CONNECTED TO MEMBERS, MORE NIMBLE IN DEALING WITH ISSUES IN THE PROFESSION BUT REMAIN THE BRAVE AND FEISTY BAR ASSOCIATION INTENDED BY OUR FOUNDERS.
NO ONE CAN LEAD THIS ORGANIZATION, MAINTAIN A LAW PRACTICE AND FIND TIME TO SLEEP WITHOUT HELP. I HAVE HAD A LOT OF HELP. COHEN SEGLIAS HAS BEEN WONDERFULLY SUPPORTIVE AND I THANK MY COLLEAGUES AND ONE AND ALL FOR THEIR SUPPORT. MY LONG SUFFERING ASSISTANT GABBY FUENTES HAS SCHEDULED MANY MEETINGS AND CALLS OVER THE LAST TWO YEARS, SHE HAS BEEN A REAL TROOPER. THANK YOU GABBY.
THE BOARD OF DIRECTORS FOR 20152017 HAS WORKED HARD, PERHAPS HARDER THAN ANY BOARD IN RECENT YEARS GRAPPLING WITH THE BUILDING, PRO BONO ISSUES, AND THE MANY POLICY QUESTIONS THAT WE HAVE FACED OVER THE LAST TWO YEARS. I THANK YOU FOR YOUR PATIENCE, YOUR INTEREST, YOUR CONCERN AND YOUR SUPPORT. I PROBABLY DID NOT DESERVE ANY OF IT.
I HAVE A FEW SPECIAL WORDS FOR THE 2015-2017 EXECUTIVE COMMITTEE. YOU HAVE BEEN INCREDIBLY SUPPORTIVE AND HELPFUL. I AM PERSONALLY INDEBTED AND GRATEFUL TO EACH AND EVERYONE YOU. I MUST SAY A SPECIAL WORD OF THANKS TO SUSAN LINDENAUR WHO HAS BEEN HELPFUL IN EDUCATING ME IN IN SO MANY WAYS FOR SO MANY YEARS ALLOWING ME TO MOVE COMFORTABLY IN GROUPS AND AREAS OF THE LAW WITH WHICH I HAVE LITTLE PERSONAL EXPERIENCE. THANK YOU SUSAN. AND THANK YOU STEWART AARON, ROZ FINK, LEW TESSER, ADRIENNE KOCH, DYAN FINGURA DUCHARM, MEGAN DAVIS AND VINCE CHANG AND OF COURSE MY LEADERSHIP TEAM IN ALL OF THIS MICHAEL MCNAMARA AND STEVE LESSARD.
THE STAFF AT NYCLA IS SECOND TO NONE. OUR EXECUTIVE DIRECTOR, SOPHIA GIANCOPOLOS, IS ONE OF THE FINEST BAR EXECUTIVES IN THE NATION. HER COUNTERPARTS THROUGHOUT THE COUNTRY WANT TO KNOW WHAT SHE IS DOING, HOW AND WHY. IMITATION IS A HIGH FORM OF PRAISE AND SOPHIA HAS A LOT OF IMITATORS. MY ADVICE TO THOSE WHO FOLLOW ME, LISTEN TO SOPHIA. TO THE CAPO DI CAPO, SOPHIA, THANK YOU.
TO YOU THE MEMBERS, THANK YOU FOR GRANTING ME THE RARE PRIVILEGE OF BEING PRESIDENT OF NYCLA, IT HAS BEEN FUN, MOST OF THE TIME, BUT I WOULD NOT CHANGE ONE MINUTE. THANK YOU
GOD SPEED NYCLA.
The next item on the agenda is the election of officers, for the report on nominations, I call the chair of the Committee on Nominations, our former president, NYSBA Vice President for the 1st District and New York State Bar Association president Elect designee, Michael Miller to give his report.
Before he does, I ask that we recognize Michael for his accomplishments. When he becomes state bar president in a year and 6 days, Michael will be the first former president of nycla to be president of state bar without first being a president of the up town rival.
Ladies and Gentlemen: Michael Miller