Defense Digest, Vol. 27, No. 1, January 2021

On the Pulse…Culturally Speaking

I was born and raised in the Bronx as a son of an NYPD police officer (attorney) and a Catholic high school teacher in an all-girls school (I married one of my mothers’ former students!) and was the middle son of a five-offspring family.

After eight years of Jesuit training—Fordham Prep and Le Moyne College—I attended New York Law School. During my time in law school, I worked at a major Wall Street law firm, despite the following advice upon my hiring: “Don’t consider becoming an associate here. We only hire Law Review students from Ivy League Law Schools.” Since I was not close to achieving either of those credentials, I decided to work hard and learn as much as I could absorb. My boss was James D. Walsh, a former NYPD police officer and assistant U.S. Attorney for the U.S. District Court for the Southern District of New York. He was a terrific mentor, and I learned civil procedure under his tutelage.

Upon graduating from law school, I spent two years as a staff attorney for the New York City Conciliation and Appeals Board, the semi-government agency that enforced the Rent Stabilization Law for New York City residential apartments. During this time, in 1976, I was first introduced to the Trump family, which owned many residential apartments in the city that were involved in various tenant complaints of poor services and overcharges. I shared my “office” with five other attorneys in a room designated as The Bull Pen.

Thereafter, I was fortunate enough to be hired by the New York City Law Department, working as a law assistant (now known as a court attorney) in the New York Supreme Court New York County. In summers I worked in Bronx County when vacations caused shortages in staff at that location. This was actually a very rewarding position, where I analyzed motion papers, heard oral arguments and was a “ghost writer” for judges who would actually sign the decisions that I had written.

Talk about humble beginnings! My first “office” was in a converted elevator shaft on the third floor of the pentagonal-shaped court building at 60 Centre Street. Since there was no sign on the single door of the three-shaft elevator bank, there were times when I or my colleagues would open the door and see someone waiting for the elevator that was not there! Our expression was, “Somedays you get the elevator, and somedays you get the shaft!”

The position offered a unique opportunity for a fledgling attorney to analyze various motions, from the mundane discovery disputes to interpretation of inter-vivos trusts, corporate takeovers, orders to show cause, temporary restraining orders and the like. I considered the experience to be a hands-on extension of law school, learning from the inside.

During my time in court, I stayed friendly with one of my law school classmates, Jim Ruddy, who got me an interview in the small maritime law firm called Donovan Maloof Walsh and Kennedy. Ruddy told me the firm’s practice was primarily centered in the federal court, but a partner who had focused on state court transportation cases had just retired and that the firm was looking for someone who had a state court practice background. I interviewed with Dave Maloof, the managing partner, and was offered a position as an associate. He brought me down the hall to James J. Donovan to advise that I had just been hired. Donovan declared, “Welcome aboard!” He had assumed that I had an extensive maritime background, as did he. Not knowing my background or the shoes I was hired to try to fill, he asked what my maritime background was. I answered, “After my high school prom, I took my date on the Staten Island Ferry!” Thank God, Donovan had a sense of humor, otherwise, I may have had the briefest career at the firm! He laughed and said he liked my chutzpah. He later took me under his wing and helped mold my career path.

The Donovan firm was a well-respected maritime firm known not only in the New York City area but nationwide through its representatives in the Maritime Law Association (which continues to this date. Marshall Dennehey has 10 active members in the MLA).

Although I continued to learn and grow as an attorney in the firm and worked with terrific attorneys, including Matt Schorr and Ed Radzik, it was not without infighting and bickering among the partners. During my tenure, the firm had several defections and spinoffs to other firms. In 1995, the Donovan firm split almost in two, and there were times when I didn’t think the existing firm would survive.

Fortunately, the firm did survive and flourished as we built it back up as McDermott & Radzik. During 2009, Matt Schorr, who had recently joined Marshall Dennehey, put us in touch with Tom Brophy, who said Marshall Dennehey was looking for a reputable maritime firm to join them. After several discussions with Tom and the Executive Board, we joined Marshall Dennehey with nine maritime attorneys and staff. We remained in the same office at Wall Street Plaza, becoming known as New York 2, since the firm already had an office three blocks away at 140 Broadway. The two offices later merged and now occupy 1.5 floors at the Wall Street Plaza address.

As you will note from the above recitation of my legal career, I have had several different positions within the legal system over the past 40-plus years. I am grateful to have found a home at Marshall Dennehey. The firm has offered me and others many opportunities to grow in a solid, large and team-oriented organization. What is remarkable about the Marshall Dennehey experience is the professionalism, camaraderie, and willingness of attorneys and staff to assist and advise others on whatever issues or questions may arise. The unselfishness of my colleagues to offer their individual expertise and counsel is outstanding. Such cooperation and helpfulness, usually offered with a smile, is truly remarkable for a firm of this size, diversity and geographic locations. I am particularly impressed with Marshall Dennehey’s sense of teamwork, which commences with marketing, case assignments, and sharing clients and expertise. If an attorney brings in a case outside of his/her realm of practice, it will voluntarily be transferred to another attorney more versed in that particular area. I particularly am supportive of the firm’s practice of holding Round Tables, where more experienced attorneys may have a different perspective on case handling. I’ve had several rewarding Round Table discussions on my own cases and participated on the cases of others. Despite the size of Marshall Dennehey, I still have the feeling that my team (Maritime Practice Group) is a small firm within the framework of a larger, very supportive group. As co-chair of the Maritime Practice Group—Jay Hamad being the co-chair—I think of myself as a cagey veteran point guard who thrives on dishing the ball off to my teammates. This process has been very successful, and I believe it to be my biggest legacy as I transition into the latest phase of my career.

I am most proud of our maritime team at Marshall Dennehey, which has gained a national recognition for excellence. Chambers USA has recognized us as a top national maritime practice group and U.S. News and World Report-Best Lawyers has designated us as a National, Tier 1 law firm for admiralty and maritime law.

I am thankful to Marshall Dennehey for giving me the opportunities that have been offered, and to all my teammates, but especially Jay Hamad, Chris DiCicco, Ed Radzik and Mike Bradford.

*Dan is senior counsel and works in our Westchester County New York office. He can be reached at (914) 977-7337 or dgmcdermott@mdwcg.com.

 

Defense Digest, Vol. 27, No. 1, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com