Apply for Supreme Court Admission Association Declares Its Support for the Goal of Student Diversity in Higher Edu- the Philadelphia Bar Association Years

March 2003 The Monthly Newspaper of the Philadelphia Bar Association Vol. 32, No. 3

Stamp Dedicated in Honor of Justice Marshall Board Backs Michigan in Affirmative Action Case

by Jeff Lyons

The Board of Governors offered support for increasing diversity in the profession by unanimously approving a resolution backing the affirmative action admissions policy of the University of Michigan Law School. “We do face a point in history where we could see a decline in the diversity of the profession as opposed to an increase. I do believe, fundamentally as policy, we should do what we can to support diversity in the profession,” Chancellor Audrey C. Talley (second from left) is joined by Cecilia Marshall and John W. Marshall, wife and son of the late U.S. Supreme Chancellor Audrey C. Talley told the Court Justice Thurgood Marshall, and David Fineman (left), chair of the U.S. Postal Service Board of Governors, at ceremonies on Feb. Board before its vote. The action came at 26 where a stamp was unveiled in Justice Marshall’s honor. The event was held at the U.S. Courthouse. the Board’s Feb. 26 meeting. The resolution was drafted by the Association’s Civil Rights Committee. The resolution states that the Board of Governors of the Philadelphia Bar Apply for Supreme Court Admission Association declares its support for the goal of student diversity in higher edu- The Philadelphia Bar Association years. do not use staples. Use paper clips only. cation and for consideration of race or invites members who wish to be admit- The court’s requirements for a group Once you have successful completely ethnicity as a “plus” factor among others ted to the Bar of the U.S. Supreme Court admission ceremony are very rigid. To the admission forms, please mail them in an academic admissions policy. to be part of a formal admissions cere- review these requirements and to with your check for $100 made out to The U.S. Sixth Circuit Court of App- mony on Monday, May 19 when the download the forms for admission the Philadelphia Bar Association to: eals found that the policy challenged at Chancellor will move 50 Association please visit Supreme Court’s Web site at Stephanie Krzywanski, Meeting the University of Michigan was modeled www.supremecourtus.gov members for admission in a formal cer- . Select Manager, Philadelphia Bar Association, after the Harvard University Plan. That emony in front of the full Court sitting the Bar Admissions tab on the right- 1101 Market St., 11th Floor, Philadel- plan uses race or ethnicity as one factor in session in Washington D.C. The day’s hand side and this will bring you to the phia, Pa. 19107. Do not send the appli- among many that it considered in events will include a continental break- page with bar admission instructions cation directly to the Supreme Court. selecting among student applicants in fast, the swearing-in ceremony and and bar admission forms. Please read This event will be on a first-come, an effort to promote the goal of diversi- then a group photograph and tour of the bar admission instructions carefully. first-served basis and all applications ty. The U.S. Supreme Court has granted the court. Each inductee is able to bring Once you have determined that you are must be received by noon on Friday, certiorari to review the Michigan case. one guest only. eligible for admission, please print out March 21. If you have any questions The American Bar Association Com- Last year, as part of the Association’s and complete the admission forms. The regarding this event, please do not hesi- mission on Racial and Ethnic Diversity bicentennial celebration, 46 Association instructions and guidelines are very tate to contact Stephanie Krzywanski at in the Profession recently concluded, members were sworn in. It was the first specific and must be followed scrupu- (215) 238-6360 or via e-mail at skrzy- according to the text of the resolution, ceremony of its kind in more than 25 lously. Do not fold the application and [email protected]. “the legal profession – already one of continued on page 10 Buy Tickets Online for April 3 Quarterly Meeting In This Issue ...

Make plans to attend the Spring address. Beschloss is the author of the diate-past Chancellor of the Associa- 7 Writing Competition Quarterly Meeting and Luncheon on current national best seller The tion, will be honored. 9 2003 Charity Run Thursday, April 3 and hear presiden- Conquerors.The inaugural Citizens Pro To purchase tickets, visit www.- tial historian and best-selling author Bono Award will be presented at the philadelphiabar.org or use the 12 ‘Daredevil’ Review Michael Beschloss deliver the keynote meeting and Allan H. Gordon, imme- order form on Page 3. 19 Bylaw Amendment

Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning Pro Bono: The Antidote to the Bottom Line by Audrey C. Talley series of efforts by our Association and need for legal services representation, our legal community to carry out our with frontline intake programs closing Have you heard about Philadelphia pro bono responsibility in innovative or limiting intake and increasingly LawWorks? and practical ways that set a standard unable to place cases with either staff F R O N T L I N E LawWorks offers a new opportunity for the rest of the nation. In or pro bono attorneys.” Furthermore, for transactional lawyers to do pro Philadelphia, we are blessed with more the report identified “a decline in pro bono work. Launched by the than 30 law-related public service bono service in all sectors of the bar” Association’s Business Law Section, groups that reach out to those who and concluded “countless thousands of LawWorks hopes to make lawyers need but cannot afford legal help. prospective clients in need of a lawyer available to non-profit groups and When I think of pro bono, I think of cannot obtain one.” small businesses that need help in two words: rewards and responsibili- This is our immediate, pragmatic handling transactional legal matters. It ties. responsibility: We must fill this critical provides a new, formal system for link- Certainly, the responsibilities are gap as quickly as possible. We must ing non-litigators with transactional real. Last year’s exhaustive Philadelphia step forward to help, to volunteer and “Pro bono service,” as the Task Force cases. Bar Association Pro Bono Task Force to contribute. That much is obvious. Report so eloquently states, “must LawWorks is just the latest in a long Report found “a tremendous unmet But here is our larger responsibility: become part of the culture and fabric of what it means to be a Philadelphia lawyer.” We must be mindful of our obligation under Rule 6.1 of the Code Medical Malpractice Crisis Examined of Professional Conduct and also consider the aspirational implications of by Gabriel DeVitto mittee has been looking into a subsidy mercial insurance carriers. Also dis- the rule as espoused by the American for the high malpractice insurance cussed have been possible caps on Bar Association and others. The ABA One issue that has been at the top being paid by these doctors, and that non-economic damages for medical has formally acknowledged the of Gov. Edward G. Rendell’s priority list the governor had proposed a tax on malpractice cases. Kahn expressed the responsibility of every lawyer in prac- is the medical malpractice crisis that is the surplus held by the health care concern that many insurance compa- tice to provide low-fee or no-fee ser- facing Pennsylvania. At a joint meeting insurance carries. According to Kahn, nies, believing Pennsylvania to be high vices in areas such as poverty law, civil of the State Civil, Medico-Legal and the message has been sent that this is a risk, have left and gone to other states. rights law, public rights law and other Professional Responsibility Committees high priority. After Kahn’s presentation, questions continued on page 18 on Feb. 5, this issue was hotly debated The second major goal of this com- were taken, as the audience expressed as James R. Kahn, a partner at Margolis mittee was to recommend larger struc- some profound concerns about this Edelstein and member of the gover- tural reforms to the system. Pursuant to continued on page 13 nor’s task force on professional liability this, questionnaires were sent to com- issues, spoke at the meeting. Kahn is one of the 40 members of this Task Force, and he spoke about both the Editor-in-Chief Bruce H. Bikin, Esq. short and long-term goals of the committee. Associate Editors Gov. Rendell, according to Kahn, has Molly Peckman, Esq. Sunah Park, Esq. given this committee an open-ended Nina Wright-Padilla, Esq. mission. Short-term, the concern was Daniel J. Anders, Esq. that insurance policies for doctors were Catherine Pratsinakis, Esq. renewing on Jan. 1, and the Rendell administration wanted to do every- Contributing Editor Richard Max Bockol, Esq. thing in its power to keep these doctors in state. Kahn mentioned that the com- Advisory Editors Merih O. Erhan, Esq. Marc W. Reuben, Esq. Director of Publications and New Media Tell Us What Mark A. Tarasiewicz

Managing Editor You Think! Jeff Lyons The Philadelphia Bar Reporter Copy Editor welcomes letters to the editors Kate Maxwell for publication. Letters should be Associate Executive Director typed. There is no word limit, but for Communications and Public Affairs editors reserve the right to con- Daniel A. Cirucci dense for clarity, style and space Executive Director considerations. Letters must be Kenneth Shear

signed to verify authorship, but The Philadelphia Bar Report e r (ISSN 0145-3491) is names will be withheld upon published monthly and available by subscription for $45 per year by the Philadelphia Bar Association, 1101 request. Letters may be mailed, Market St., 11th fl., Philadelphia, Pa. 19107-2911. faxed or e-mailed to: Jeff Lyons, Periodicals postage paid at Philadelphia, Pa. POST- M A S T E R : Send address changes to Philadelphia Bar Managing Editor, Philadelphia R e p o rt e r, c/o Philadelphia Bar Association, 1101 Market St., 11 fl., Philadelphia, Pa. 19107-2911. Bar Reporter, Philadelphia Bar Telephone: (215) 238-6300. Association Web site: Association, 1101 Market St., 11th ww w. p h i l a d e l p h i a b a r. o r g. Newspaper e-mail addre s s : re p o rt e r @ p h i l a b a r. o rg. The editorial and other views floor, Philadelphia, Pa. 19107- expressed in the Philadelphia Bar Reporter are not nec- 2911. Phone: (215) 238-6345. Fax: essarily those of the Association, its officers, or its members. Advertising rates and information are avail- (215) 238-1267. E-mail: able from American Lawyer Media, 1617 JFK Blvd., Suite 1750, Philadelphia, Pa. 19103-9655. Telephone: [email protected]. (215) 557-2300.

2 MARCH 2003 / BAR REPORTER Philadelphia Bar Association Quarterly Meeting and Luncheon Thursday, April 3 at Noon at the Park Hyatt Philadelphia at the Bellevue • Featuring Keynote Speaker Michael Beschloss • Presentation of the inaugual Citizens Pro Bono Award • Honoring Immediate-Past Chancellor Allan H. Gordon

Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Re t u r n to: and Luncheon. Tickets are $40 for members and $45 for non-members. Checks should be Quarterly Meeting made payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th fl. Name: Philadelphia, Pa. 19107-2911 Credit Cardholder: Firm/Employer: Visa MasterCard American Express Address: Card number:

Expiration date: Phone: Fax: Signature: E-Mail: Cr edit card payments should be faxed to Bar Headquarters at (215) 238-1267.

Spring Quarterly Meeting Gordon to Be Honored; Beschloss to Spea k

Immediate-Past Chancellor Allan H. School, Andover, Williams College and ional Archives Foundation, the Thom- Gordon will be honored at the For more information Harvard University. From 1982 until as Jefferson Memorial Foundation Association’s Spring Quarterly Meeting • The complete text of the proposed bylaw 1986, he was an historian on the staff (Monticello) and the Urban Institute. and Luncheon on Thursday, April 3. amendment can be found on Page 18 and of the Smithsonian Institution. From He lives in Washington, D.C., with his Members of the Association will at www.philadelphiabar.org. 1985 until 1987, he was a senior associ- wife, Afsaneh, and their two sons. also vote on a bylaw amendment and ate member at St. Anthony’s College, The Quarterly Meeting and hear keynote remarks from author Mi- important event.” In The New York Times University of Oxford, England. From Lunecheon begins at noon at the Park chael Beschloss, “the nation’s leading Book Review, the historian Alan Brinkley 1987 until 1996, he was a senior fellow Hyatt Philadelphia at the Bellevue, presidential historian” and author of called it “an incomparable picture of of the Annenberg Foundation in Broad and Walnut streets. Tickets are the current best seller The Conquerers. one of the most remarkable personali- Washington, D.C. $40 for Association members and $45 The inaugural Citizens Pro Bono ties ever to inhabit the presidency.” The Beschloss is a member of the Am- for non-members and can be pur- Award will also be presented at the Crisis Years: Kennedy and Khrushchev, 1960- erican Historical Association and a fel- chased by clipping the coupon below meeting. 1963 (HarperCollins, 1991) won the low of the Society of American Hist- and sending it to the Bar Association In an annual tradition, Gordon will Ambassador Book Prize for American orians and sits on boards of the White or by visiting www.philadelphi- be presented with a replica of the gold Studies and was also a national best- House Historical Association, the Nat- abar.org. box given to Andrew Hamilton, a gift seller. In the New Yorker, David Remnick given only to former Chancellors, called it the “definitive” account of the which is inscribed, “Acquired not by most dangerous years of the Cold War, money, but by character.” as did Thomas Powers in The New York Beschloss is a regular commentator Times Book Review.Called “brilliant” by on PBS’s “The NewsHour with Jim the late historian Stephen Ambrose, Lehrer” and a contributor to ABC News. Mayday: Eisenhower, Khrushchev and the U-2 Newsweekhas called him “the nation’s Affair(Harper, 1986) was a main selec- leading presidential historian.” tion of the Book-of-the-Month Club. In November 2001, Simon & Beschloss is currently working on a Schuster published Reaching for Glory, history of the assassination of the second volume of Beschloss’ trilogy Abraham Lincoln. on the President Lyndon B. Johnson As literary executor for the late tapes, which covers 1964 to 1965, the Washington Postand Newsweekcolum- most crucial year of Johnson’s presi- nist-editor Meg Greenfield, Beschloss dency, including the campaign against edited her posthumously published Barry Goldwater, the Selma march, book Washington(Public Affairs, 2001), escalation in Vietnam and passage of which was a national best-seller. Medicare and other cornerstones of the Beschloss is also the author of Kennedy Great Society. Reaching for Gloryhas and Roosevelt: The Uneasy Alliance(Norton, been excerpted in Newsweekand “pro- 1980), which originated as his under- vides an incomparable portrait of a graduate senior honor thesis, and Eisen- president at work,” according to The hower: A Centennial Life(HarperCollins, New York Times Book Review. 1990). He was co-author (with Strobe Taking Charge: The Johnson White House Talbott) of At the Highest Levels: The Inside Tapes, 1963-1964 (Simon & Schuster, Story of the End of the Cold(Little, War 1997), the first volume of the projected Brown, 1993). trilogy, was a national best seller. A New Born in Chicago on Nov. 30, 1955, York Timeseditorial called the book “an Beschloss is an alumnus of Eaglebrook

BAR REPORTER / MARCH 2003 3 Women in the Profession Committee Financial Planner Offers Investment Basics by Jeff Lyons vehicles for investment home care. money. When you’re ready to When it comes to invest- “Financial planning is a invest, make sure you don’t ing, Terri McDermott likes to lifelong process. We try to “shoot yourself in the foot” by tell clients about a story she help you with your short- trying to invest money while heard likening investments to term goals and long-term paying down debt. She sug- going to the beach. goals. We don’t give stock gests paying down the debt “Stocks are like ultraviolet tips,” she explained. first and then investing. rays and asset allocation is But with investments come “We’re also advising people to like sunscreen. Asset alloca- risks. “Risk is inherent in life refinance their mortgages. tion keeps you from getting and it’s inherent in investing. Interest rates are very low too badly burned,” It’s a matter of how much risk right now and you can save a McDermott, a certified finan- you’re willing to take,” she lot of money that way.” cial planner and chartered said. McDermott recommends financial consultant, told McDermott also said mutual funds to many of her members of the Women in investors need to have cash clients. “I’m a big believer in the Profession Committee at available to them in case of mutual funds. A number of their Feb. 20 meeting. an emergency, like the loss of them have very good long- McDermott was the com- a job or extended illness. term records,” she offered. mittee’s guest speaker and she “Keep cash worth three to “Investing is not a one- discussed financial literacy for six months of living expenses size-fits-all practice. It’s based women. She is a vice presi- accessible. That can be in a on your age, income, family dent with EGE Advisors, Ltd., savings account, money mar- situation and a number of in King of Prussia. ket fund or even a short-term other factors. That’s how a “One of the basic bond fund,” she advised. financial planner can help approaches to investing is She also said it’s important you. Once we’ve talked to you asset allocation,” McDermott to have life insurance to take and defined your financial said. “You don’t want to put of your family in the event of destination, we come up with all of your eggs in one basket. your death. “You want to a map to get you there. We’re You want to invest in a basket make sure your family and going to invest money to Women in the Profession Committee Co-Chairs Nicole D. Galli (left) and of eggs. Spread your money your kids are taken care of.” reach that goal and diversify R o b e rta D. Pichini (seated) are joined by financial planner T e rr i around.” Many employers offer dis- to reduce your risk,” she said. McDermott after the Committee’s Feb. 20 meeting. She cautioned against ability insurance. But A lot of investors are feel- investing solely in stocks and McDermott suggests checking ing extra cautious these days a really good time to buy homework. You have to is dead-set against investing with your employer to learn with the beating the stock stocks. I’m not sure how research these companies that everything you have into one the specifics of when that market has taken in recent much lower they can go.” you’re interested in very thor- stock. insurance will take effect. She months. She tells people they So how do investors know oughly. When stocks are “We all saw what hap- also said some of her clients weren’t singled out for losing which companies can be going up, it’s tempting to pened with Enron and have begun asking about money. “An awful lot of peo- trusted, in the wake of recent jump on the bandwagon. It’s WorldCom,” she said. Bonds long-term care insurance, ple lost money,” she said. accounting scandals? also tempting to jump off and mutual funds are other which helps pay for nursing- “Personally, I think now is “You have to really do your when they’re falling.”

Family Law Section Looking for a special way Judge Fox Gives Section to remember someone? Births • Deaths • Marriages Update on New Procedures Anniversaries by David I. Grunfeld result has been a multitude of hearings, Making Partner • Passing the Bar with differing backlogs in terms of Last December, the Supreme Court scheduling and an inability, and conse- Through the Special Way to Remember program, you of Pennsylvania issued new Pa. R. Civil quent refusal, of the person hearing can honor a colleague or loved one with a contribution to P. 1931, which has a profound effect one case to address the other running the Philadelphia Bar Foundation. Since 1964 the Bar upon family court procedures. on a parallel path. Foundation has distributed millions of dollars in attorney Basically, the Supreme Court mandated Since this edict, the Philadelphia gifts and other funds to public interest groups that pro- that county family courts expedite Family Court has been working dili- vide counsel and assistance to the poor, disabled, elderly determinations in custody and support gently to put procedures in place to and children in our community. Your gift will help serve cases and consolidate matters so that solve the questions arising out of sev- the needs of Philadelphians who have nowhere else to decisions can be made in as few hear- eral problems intrinsic to our system: turn for legal services. ings as possible. First, the custody computer system, If you would like to make a gift to the Foundation as a Most counties have two- or three- called PARENTS, cannot interface with meaningful expression of respect, please call (215) 238- tier systems pursuant to which new fil- the support system, called PACSES, 6334. ings and petitions to modify go first to which is mandated statewide. domestic relations officers, then to Second, almost 90 percent of the masters or conciliators, and then to family law division litigants are pro se. judges. In addition, custody and sup- Third, the volume of cases in port cases go on different tracks to dif- Philadelphia County is astronomical, ferent masters or conciliators. The continued on page 18

4 MARCH 2003 / BAR REPORTER Justinians Honor Talley

The Justinian Society honored Bar Association Chancellor Audrey C. Talley at a Feb. 26 luncheon at the Union League. Pictured (from left) are former Justinian Chancellor Richard F. Furia, current Justinian Chancellor Denise C. Gentile, former Bar Association Chancellor Donald C. Marino, former Justinian Chancellor Alexander B. Giacobetti, T a l l e y , Bar Association Chancellor-Elect Gabriel L.I. Bevilacqua and former Bar Association officer Michael C. Rainone.

Federal Courts Committee Judges Discuss State, Federal Bench Differences by Jeff Lyons

U.S. District Court Judge Anita B. Brody has been on the federal bench for 10 years. Before that, she was a state court judge in Montgomery County. She recalled her days on the bench in Norristown fondly. “I always got a personal greeting when I was a state judge. When I went to the bank it was always ‘Hello, your honor.’ Or if I had a flat tire when I went to get gas, the attendant would offer to drive me to court, fix the flat and then pick me up when it was Several U.S. District Court judges spoke about the differences between state and federal court. Pictured (from left) are Judge Cynthia M. Rufe, done,” she said. Judge Lowell A. Reed, Judge Anita B. Brody, Federal Courts Committee Chair Stephanie Resnick, Judge Petrese B. Tucker, Judge Eduardo C. Things changed when she began Robreno, Federal Courts Committee Vice Chair Rudolph Garcia and Judge Legrome D. Davis. working on the federal bench. When returning to her bank, she got in the offenses. “In federal court, we have “You better be accurate in what you eral judge is a great intellectual chal- line for commercial transactions to take made-up crimes – mail fraud, RICO. do and not have any mistakes. A bad lenge and that being involved in deci- care of business. She said the teller told Has anyone ever laid awake at night reputation will follow you around for- sions that touch on the core of our her, rather rudely, that she was in the worrying if they were going to have ever,” he cautioned. democracy is “exciting and challeng- wrong line. Another teller pointed out RICO committed against them?” Judge Brody added that being a fed- ing.” that this was a federal judge, to which In state court, Judge Brody said she the first teller replied, “I don’t care who had a real sense of keeping the com- she is, she’s still in the wrong line.” munity safe and had a feeling of acc- Judge Brody and U.S. District Court omplishment when sentencing defen- colleagues Judges Legrome D. Davis, dants. “In state court, I felt very strong. Cynthia M. Rufe, Petrese B. Tucker, Ed- My word was law. In federal court, I uardo C. Robreno and Lowell A. Reed have a sense of impotence. Federal law discussed the differences between be- is very fact intensive. It involves fitting ing a state court judge and working on the facts into the law. There was no the federal bench at the Feb. 26 meet- sheriff right there like in state court ing of the Federal Courts Committee. promising to enforce my decision.” Judge Brody noted that the atmos- Judge Rufe said her biggest adjust- phere among the judges is very differ- ment when moving to the federal ent on the federal level. bench was the pace. “It’s very collegial. Nearly all the “I have to keep reminding myself judges eat together in the judges’ this job is a marathon, not a sprint. lunchroom. We talk about cases and When I was on the bench in Bucks pick each other’s brains. There’s a great County, I was a sprinter.” sense of professionalism. In state court, Another difference between the two we’d hear our cases and then go home benches, Rufe said, is the amount of at the end of the day. I adore many of management required. “This job does- my colleagues in Montgomery County. n’t allow me the pure aesthetic of We might socialize at the occasional learning the law.” party a few times a year, but that was No matter where a judge or attor- it,” she said. ney works, Judge Reed said the three In state court, Judge Brody said she most important things you can bring heard regular criminal cases involving to a job are “reputation, reputation and robbery, burglary, rape and other reputation.”

BAR REPORTER / MARCH 2003 5 Technology Case Software Helps Automate Your Office by David P. Whelan can require a more time and requires alone case management system from as gaining time to bill additional hours everyone in the firm to participate. one of the leading vendors, including or to do something you have put off The picture of the attorney as This disruption is worth it because, Gavel & Gown’s Amicus Attorney, Ti- for a while. Since all information in the Atticus Finch — apparently doing little in the end, your firm will get more meMatters and Abacus Law. That cost, case management system can be shar- work outside the courtroom — is a benefits out of a single, integrated case plus the training you should also bud- ed, the more people who use it, the happy one, where the professional management system than from any get for, can quickly be offset by the eff- more time savings that can be created. stays in his intellectual milieu all the other single application. A solo lawyer, iciency you will gain in completing the Another technology that can pay time. The reality is that there is an for about $99, can purchase a stand- routine tasks of your practice, as well continued on page 17 incredible amount of information to manage in any law practice, whether a solo or a global, 1,000-lawyer firm. The information ranges from professional, including research and work product, to business, with the inevitable acc- ounts payable and billed time. The lar- gest law firms have purchased software and implemented systems to automate information management. Merely ac- quiring technology, though, does not necessarily address this management problem. It is a first step, though, that many smaller firms have not taken and that could dramatically change how those lawyers practice law. There are opportunities in every size firm to do more with the technology they have or to add basic technology to accomplish more than ever before. Case management software is one of the least used and most powerful software tools that a law firm can implement. Only 20 percent of respondents indicated that they used case management software in the ABA’s 2001 annual technology survey. Compare that to 90 percent of respondents using word processors, 65 percent using time and billing, and 60 percent using document assembly. Law firms appear to be buy- ing very narrowly focused software applications to handle a specific task. In a sense, they are building their systems backward, building the first floor before the basement is in place. Case management software integrates a large number of the basic tools that a lawyer requires to accomplish the business functions of practice. It coordinates the information that every lawyer needs to gather when a file is created or a matter is started. In this way, it can act as a foundation for your practice and information organization. It is reasonable to ask why case management software has not been adopted more broadly, if it is so useful. One reason may be that adopting case management software can be a significant disruption at first. Adding a single application to your firm’s environment — time and billing, litigation support, even e-mail — will cause a bit of disruption but does not necessarily touch every case in the firm. In contrast, because case management software can track practically any piece of information in your firm — not only contact, scheduling, and time information, but also all documents associated with a case, phone calls, and other notes — it

6 MARCH 2003 / BAR REPORTER Busy YLD Offers Myriad Programs for All by Melissa A. Schwartz costume party at the Zoo in October. It schools to help with the is a great opportunity for lawyers transition from law student to attorney. I was just about to start my first and their families to get together. This • Law Week: Coordinates all of Young Lawyers Division Executive YLD UPDAT E event is also a wonderful way for ven- the programs that take place during Committee meeting last month when I dors serving the legal community to Law Week in the first week in May. The was approached by a reporter from The become involved. theme for 2003 is “Celebrate Your Legal Intelligencer. The reporter very • Champions of Caring/- Freedom: Independent Courts Protect politely asked me if I cared to com- Youth Council Project: Develops Our Liberties.” ment on the “controversy” surrounding annual programs whereby culturally • Lawyer for a Day: Annual one of the YLD’s proposed events. I diverse groups of high school students program held during Law Week where- looked at her with a blank stare and identify and propose solutions to by high school students spend the was unsure how to reply. I was sur- human relations problems. morning with area attorneys finding prised that in my first 30 days as chair, • Doctor/Lawyer in the out what it is like to be an attorney. If the YLD had created a controversy that Classroom: Organizes the teams of this program interests you, please be I was not aware of. While the so-called doctors and lawyers who advise area sure to sign up. “controversy” was quickly resolved, I American Bar Association and the high school students about the legal • Legal Line P.M.: Monthly pro- would like the legal community to Hispanic Bar Association. This year we and medical implications of substance gram where attorneys provide free know a little more about the YLD - have included section/committee abuse and domestic abuse. legal advice over the telephone to area who we are and what we do. My rea- liaisons from Workers’ Compensation, • Federal Courts CLE: This callers. This program is great experi- sons for doing this are to prevent Probate and Trust, Family Law, Business course is implemented in conjunction ence and works well when a firm future miscommunications with our Law and Women in the Profession. with the Federal Courts Committee. signs up together. members. I know that I speak for the Many people refer to the YLD as the The program is scheduled for the fall. • Mentoring: Newer attorneys entire YLD when I say that we are “do-gooders” or “social conscience of • Golf Outing: Coordinates the (proteges) are matched with more interested in planning and implement- the Bar Association.” These references annual summer golf outing at the experienced attorneys (mentors) for ing programs that benefit the legal are made for good reason. We current- Philadelphia Cricket Club’s Flourtown help in areas concerning substantive community at large. We are not an ly have 21 subcommittees within the Course to benefit the Philadelphia Bar law, balancing work and family life, exclusive group and welcome ideas Executive Committee. While it would Foundation. The Golf Outing is another becoming more involved in the Bar from all members. be impossible to go into detail about great way for vendors serving the legal Association, dealing with office politics, A young lawyer in Philadelphia is each of our programs, I would like to community to become involved. changing firms or starting a solo prac- any regular member of the Philadel- provide a brief overview of each pro- • Habitat for Humanity: tice. phia Bar Association who has not rea- ject on the YLD agenda for 2003. Throughout the year, groups of volun- • Michael K. Smith Oratorical ched their 37th birthday or who has • Attorney Mentoring teers will help to build homes in the Contest: Middle and elementary been practicing less than three years. Program: A joint venture between Philadelphia area. school students prepare and present The YLD is managed by its Executive the Philadelphia School District, the • Harvest for the Homeless: five-minute speeches, similar to appel- Committee. Each year, seven new District Attorney’s Office and the YLD Annual clothing drive for the homeless late arguments. members are elected to serve three- designed to identify individuals from in the fall. • Mock Trial Competition: year terms on the Executive Comm- the Philadelphia legal community to • Law, Life & Lunch: This com- Organize and run the regional compe- ittee, and one additional member is serve as mentors to middle school stu- mittee plans educational seminars that tition for the High School Mock Trial appointed by the chair. In addition to dents identified as being at risk for tru- address issues facing young lawyers. Competition. We are always looking for the elected members, there are also ancy. We are always looking for new speak- judges and coaches for the competi- minority bar representatives from the • Boo at the Zoo: A fundraising ers. tion. Gay and Lesbian Lawyers of Philadel- event for the Philadelphia Bar • Law School Outreach: • People’s Law School: A panel phia, the Barristers’ Association, the Foundation. As the name implies, it is a Organizes programs in area law continued on page 11

Law Student Legal Writing Contest Offers $2,500 Prize by Genna M. Viozzi University James E. Beasley School of Edelman & Dicker LLP, are co-chairs of Pleas, Philadelphia County; Professor Law, Villanova University School of the competition. Elizabeth Hillman, Rutgers University The Philadelphia Bar Association Law, and Widener University School of In addition to having his or her School of Law (Camden); Professor has created the Justice Ruth Bader Law (Delaware Campus). Submissions essay published in The Philadelphia Catherine Lanctot, Villanova University Ginsburg Pursuit of Justice Legal may not have been published previ- Lawyermagazine and on the Bar School of Law; Professor Mary Ellen Writing Competition for law students. ously, although they may have been Association’s Web site, a cash prize of Maatman, Widener-Harrisburg Law The award, which will be presented prepared in connection with a law $2,500 will be awarded. School; Professor Nathaniel Persily, at the Bar Association October’s Quar- school course and must not have been A committee of Philadelphia-area University of Pennsylvania Law School; terly Meeting and Luncheon on Oct. submitted for any other competition attorneys, professors and judges will Professor Mark Rahdert, Temple 23, 2003, recognizes excellence in legal during the time when they are under evaluate the submissions, considering University James E. Beasley School of analysis and writing skills in a student consideration for this competition. the following criteria: originality and Law; and Nancy Winkelman, partner at enrolled in a Philadelphia-area law “We see this competition as an importance of topic; thoroughness of Schnader Harrison Segal & Lewis LLP. school. Essays will focus on any topic important way to encourage legal research; depth of analysis; organiza- Submissions must be postmarked relating to rights, privileges and scholarship, provoke discussion of crit- tion of analysis, writing style; form, by no later than 12 a.m., April 30, 2003. responsibilities under federal law. ical legal issues and recognize talented quality and placement of citations; and Announcement of the winner is The competition is open to full- and students in the Philadelphia area,” said adherence to the rules of the competi- expected July 1, 2003. For a complete part-time law students in their second Audrey C. Talley, Chancellor of the tion. list of rules and regulations for the or third year of study during the 2002- Philadelphia Bar Association. Diane Judges for this year’s competition Judge Ruth Bader Ginsburg Pursuit of 03 academic year at one of the follow- Edelman, assistant dean for legal writ- are Judge Anita B. Brody, U.S. District Justice Legal Writing Competition, call ing five schools: University of ing at Villanova University School of Court for the Eastern District of Diane Edelman at (610) 519-7047 or Pennsylvania School of Law, Rutgers Law, and Kathleen D. Wilkinson, a Pennsylvania; Judge Abraham Gafni, Kathleen D. Wilkinson at (215) 627- School of Law (Camden), Temple partner with Wilson, Elser, Moskowitz, formerly of the Court of Common 6900.

BAR REPORTER / MARCH 2003 7 Judge Green Honored With Lectureship

Pictured (left to right) are Temple University Beasley School of Law Dean Robert J. Reinstein, Philadelphia Mayor John F. Street, U.S. District Court Judge Clifford Scott Green and Yale Law Professor Drew S. Days III. Days delivered the inaugural Honorable Clif f o rd Scott Green Lectureship on Feb. 25 at Temple University. U.S. District Court Chief Judge James T . Giles, U.S. District Court Judges Anthony J. Scirica and Louis H. Pollak and Philadelphia Common Pleas Court Pr e s i d e n t Judge Frederica A. Massiah-Jackson all spoke on Judge Green’s behalf.

Career Corner Resist Temptation to Inflate Your Res u m e by James LaRosa and Gary Mintz tional background, it is not uncommon changing jobs too often. This is more employer “A”? There are no easy for candidates to make minor changes common when the period of employ- answers to this scenario. It is up to the From preparing a resume to inter- to their educational qualifications. ment was for a relatively short period candidate to decide at what point to viewing and weighing offers, a job What may seem like a minor change to of time. discontinue the interview process and candidate may face many temptations the candidate is often considered a • Post-interview dilemmas: A at what point to no longer consider to provide potential employers with major change to a potential employer. common dilemma candidates often run additional offers. inaccurate, or less than completely Probably the most common change is into occurs after their interview. Throughout the interview process accurate, information. These dilemmas a change in the candidate’s grade point Candidates interviewing with more there are numerous times when a can- can range from exaggerating educa- average or class rank. Again, candidates than one employer are often interested didate will be in the position to pro- tional achievements to exaggerating will not generally completely fabricate in more than one position. However, vide a potential employer with infor- career and other professional achieve- this area, but might give themselves a the candidate may have had a second mation that is not 100 percent accurate. ments to continuing one’s job search little boost. Normally a candidate with or third interview with employer “A” At JuriStaff, we suggest that you handle after accepting an offer. a 2.4 grade point average will not claim and may still be in its first round of negative information “head-on.” Be up- As legal recruiters, candidates often to have a 3.0 grade point average. But interviews with employer “B.” The front and direct about the circum- ask us how to handle certain educa- the candidate with the 2.9 grade point dilemma occurs when employer “A” stances surrounding this information. tional and career blemishes that they average is often tempted to put the offers the candidate a job, which the As you would in a courtroom, assume would prefer a potential employer not grade point average down as a 3.0 on candidate wants, but would like to see the information is going to come out be made aware of. Although it might their resume. Similarly, a candidate if employer “B” will make an offer. The and be prepared to put this informa- seem simplistic, our advice is to always that finished in the top 11 percent of dilemma is even stronger if the second tion in its best light. be honest. Although you may feel that the class may be tempted to say “top opportunity is the candidate’s first 10 percent.” Other educational changes choice. Should the candidate accept the James LaRosa, Esq. and Gary Mintz, Esq. are recruiters revealing certain information may with Juri S t a f, fInc., the exclusively endorsed legal staffing impede your chances of obtaining a include claiming to be on law review offer and continue to interview with agency of the Philadelphia Bar Association. LaRosa can and moot court and receiving academ- employer “B”? What if employer “B” be reached at (215) 175 - 9100, extension 302 or via e- job, the alternative of not accurately mail at jlarosa @ j u ri s t a.com; f f Mintz can be reached at portraying your background will ic awards that were never actually makes the candidate an offer a week ( 215) 751 - 9100, extension 315 or via e-mail at almost certainly result in not getting received. after they have accepted the offer from g m i n t z @ j u ri s t a f f. c o m . the job or being fired if the inaccurate Providing inaccurate information to information should be found out by a potential employer can be dangerous. your present employer. Although you Candidates need to be aware that it is Career Planning and Placement may feel that the chance that the becoming very common for employers employer will become aware of any to request law school transcripts as from inaccurate information is slight, you part of the interview process. A 2.9 need to remember that the inaccurate grade point average will look a lot information will always be there. One worse if the employer is expecting that year, five years or even 10 years later, grade point average to be a 3.0. you will still be working with the inac- • Employment qualifications curate information on your resume. As and history: Candidates are often Career counseling and résumé review services mentioned in numerous previous arti- very tempted to exaggerate their work by appointment, cles, Philadelphia is a very small legal experience. Although exaggerating Mondays from 9 to 11 a.m. and Fridays from 1:30 to 4 p.m. community. It is more likely than not your work experience is not uncom- at Bar Headquarters. For an appointment, call Cindy Towers at that at some point in your career, your mon, it can lead to major difficulties (215) 751-9100, extension 301 employer will be in a position to dis- after you start if you are unable to ade- cover this inaccurate information. quately handle the duties that they are JuriStaff, the only legal staffing agency endorsed by the Philadelphia Bar Below are some of the more com- assigned. Association, provides temporary, temporary-to-permanent and direct-hire mon scenarios we have encountered in Candidates will also often be tempt- placements of attorneys, paralegals and support staff. which candidates have considered pro- ed to change their dates of employ- viding an employer with inaccurate ment. Often candidates try to bridge information. the gap in long periods of unemploy- Learn more at • Educational qualifications: ment between jobs. It is also tempting www.juristaff.com or www.philadelphiabar.org Although it is uncommon for a candi- to leave entire jobs off a resume so that date to completely fabricate his educa- it does not appear that the candidate is or call JuriStaff at (215) 751-9100, ext. 301.

8 MARCH 2003 / BAR REPORTER Delivery of Legal Services Committee Official Outlines Scho ol District’s Plans by Sheryl Axelrod according to the administration, is to down and in need of repair. They do cated to school construction. A total of serve clients, i.e., the school children of not provide an atmosphere which $1 billion will be spent on construction The Philadelphia School District’s Philadelphia, by providing them with a encourages students to learn, let alone with another $35 million spent on safe- new chief of staff presented the quality education. to thrive,” she said. ty over the next five years. Monies set Association’s Delivery of Legal Services The foundation of this mission lies As Paquin explained, the state of aside for school safety are primarily Committee with an overview of the in the provision of a safe school envi- the schools also drives teachers away - focused on providing alternative pro- district’s goals and plans at the ronment and in the construction and teachers simply do not wish to teach in grams for students with disciplinary Committee’s Dec. 5 meeting. rehabilitation of schools. As Paquin them. Thus, investing in school capital problems. Deficit reductions are pro- Natalye Paquin is second-in-com- recognized, these are no small tasks. development projects achieves two jected to result from cutbacks in the mand in the district under new CEO Violence in Philadelphia public schools goals: it assists students to learn and district’s existing worker’s compensa- Paul G. Vallas. Paquin was formerly the has reached peak levels. enables the administration to recruit tion packages, from Medicaid reim- senior assistant general counsel and Approximately 600 students were and retain high caliber teachers. bursements, healthcare and utility costs chief procurement officer of the School expelled in January alone. The administration has drafted a and concessions from the district’s cur- District of Chicago and noted that she In addition, the schools need a face five-year financial plan to achieve its rent vendors. is herself the mother of two school lift, Paquin said. Playgrounds, science goals. According to the administra- Paquin asked for the legal commu- children. labs, technology centers and libraries tion’s projections, implementation of nity’s support of the administration’s Under Vallas’ leadership, Paquin are needed. She described the current the plan will dramatically reduce - efforts to better the district. said the administration approaches the state of the schools as “disheartening.” perhaps even eliminate - annual oper- district’s management from a business “Almost none of the schools has an ating deficits. outdoor playground. They are old, run The majority of the budget is dedi- Sheryl Axelrod in an associate withi t t e idge, rK Donley, perspective. The district’s mission, Elson, Fullem &E m b rik, c LLP Charity Run Hits Road on May 18 It is time to start getting in shape for the 24th annual Philadelphia Bar Association Charity Run. This year’s run, which will include a 5 kilometer run and a 5 kilometer walk, will start and finish on West River Drive adjacent to the Philadelphia Museum of Art on Sunday, May 18 at 8:30 a.m. As in prior years, there will be refreshments and giveaways to everyone participating. The beneficiaries of the race will again be the American Diabetes Association and the Support Center for Child Advocates, both of More than 600 runners and walkers helped raise almost $55,000 in the 2002 Philadelphia Bar Association Charity Run. which have programs for supporting children. Last year, nearly 600 partici- The Run will start and finish on the being joined again by Wawa, Inc., The and Eric S. Marzluf and Michael J. pants helped raise almost $55,000 for West River Drive adjacent the Philadel- Legal Intelligencer, JuriStaff, Inc., USI Berkowitz of Caesar, Rivise Bernstein, the American Diabetes Association and phia Museum of Art and start at 8:30 Colburn Insurance and by the follow- Cohen & Pokotilow, Ltd. the Support Center for Child a.m. ing legal sponsors: Akin Gump Strauss Race entry forms will be available at Advocates. Walkers will be able to enter the Hauer & Feld LLP; Law Offices of Caesar, Rivise, Bernstein, Cohen & The 5k run will be open to not only event by walking the 5k course starting Bernard M. Gross; Blank Rome LLP; Pokotilow, Ltd; 1635 Market Street - the public, but also will have at 8:35 a.m. Walkers will be able to Caesar, Rivise, Bernstein, Cohen & 12th Floor; Philadelphia, PA 19103- Philadelphia Bar Association competi- contribute to the proceeds for the chil- Pokotilow, Ltd.; Cozen O’Connor; Fox, 2212; Semanoff, Ormsby, Greenberg & tion for members of the Bar only. In dren by walking and also by signing Rothschild, O’Brien & Frankel, LLP; Torchia, LLC at Suite 200 - Jenkins addition, there will be team competi- up sponsors for their walk. Marshall, Dennehey, Warner, Coleman Court; 610 Old York Road; Jenkintown, tion for law firms and for companies. The Philadelphia Bar Association is & Goggin; Montgomery, McCracken, PA 19046 and the American Diabetes Walker & Rhoads, LLP; Neil A. Morris Association, Inc. at One Plymouth Associates; Pepper Hamilton LLP; Meeting Mall; Suite 520; Plymouth Save June 30 for Bar Foundation Golf Classic Raynes, McCarty, Binder, Ross & Meeting, PA 19462-1316. Mundy; RatnerPrestia; Reed Smith, LLP; In addition, information concerning The 2003 Philadelphia Bar Foundation Golf Classic will be held on Monday, Semanoff, Ormsby, Greenberg & team competition can be obtained June 30 at the Philadelphia Cricket Club in Flourtown, Pa. Both courses will be Torchia, LLC; Wolf, Block, Schorr and from Michael Berkowitz at (215) 567- available for play. Solis-Cohen, LLP and Woodcock 2010 or by e-mail at The Bar Foundation is pleased to announce that there will be a decrease in Washburn LLP. [email protected]. the cost of participation this year. The fee for all players is $375, which includes The directors of the race will be Anyone interested in volunteering all greens fees, golf cart, lunch, refreshments, dinner and cocktails following the Manny D. Pokotilow and Thomas A. for the race can contact Eric Marzluf at tournament. For more information, please contact Melissa Engler at Bell, co-chairs of the Philadelphia Bar (215) 567-2010 or via e-mail at esmar- [email protected] or (215) 238-6347. Association Charity Run Committee [email protected].

BAR REPORTER / MARCH 2003 9 Temple SPIN AB A Honors Judge Pol l a k Holding Auction The Student Public Interest Network (SPIN) is holding its annual Spring Auction to raise money to provide summer grants for Temple University law students who wish to work in public interest organizations. The auction will be held March 26 at the Liacouras Center at Temple University from 5:30 to 8 p.m. All proceeds will benefit SPIN. SPIN was formed by students in 1992 to raise money to fund current Temple law students who want to spend their summer working in public interest law internships. These internships are typically unpaid, and without a SPIN grant, students who would otherwise choose to work in the public interest sector have to turn down those jobs so that they can meet their expenses. SPIN tries to resolve the conflict between the financial reality of being law students and their desire to work in public interest. For more information, contact Jason Held at (215) 868-5474 or by e-mail at [email protected]. BOARD continued from page 1 Judge Louis H. Pollak of the U.S. District Court for the Eastern District of Pennsylvania received the American Bar Association the least integrated professions in the Commission on Racial and Ethic Diversity in the Profession’s 2003 Spirit of Excellence Award. Pictured, from left, are Philadelphia country – threatens to become even Common Pleas Court Judge Carolyn Engel Temin; ABA Commissioner Floyd Holloway Jr.; U.S. District Court Judge Anita B. Brody; less representative of the citizens and Judge Pollak; U.S. District Court Senior Judge Norma L. Shapiro and U.S. District Court Judge Berle M. Schiller. The award was pr e- society it serves.” The ABA is on record sented at the ABA’s Midyear Meeting in Seattle on Feb. 8. as an amicus curiae supporting the affirmative action program adopted by the University of Michigan. The Philadelphia Bar Association, in a July 1995 resolution, opposed state legislation that would prohibit affirmative action based on race, sex, color, ethnicity or national origin in the Commonwealth system of public employment, public education or public contracting. At its Feb. 26 meeting, the Board also unanimously approved a resolution that supports adoption of Phila- delphia Common Pleas Court rules regarding condemnation and eminent domain. The measure was drafted by the Real Property Section. The Board also heard a report from Philadelphia Volunteers for the Indig- ent Program. VIP Board Chair Leonard A. Busby commended the work of VIP Executive Director Sharon Browning, saying she has helped energize and lead the staff in a remarkable turn- around. Busby also announced that VIP will have a table set up at all Quarterly Meetings so attorneys can sign up and take a case for an indigent client. Browning said VIP’s annual fund- raiser will be a picnic scheduled for Judges Meet With Criminal Justice Section Sept. 21. She also said the organization’s goal is to get more attorneys Criminal Justice Section Chair Matthew Perks (second from left) poses with Philadelphia Common Pleas Court Administrative Judge involved in pro bono work. James J. Fitzgerald III (left), Court Administrator Joseph Cairone (second from right) and Philadelphia Municipal Court Supervising “Our goal is having all 17,000 Judge James M. DeLeon (right) and before the Section’s Feb. 24 meeting. Judges Fitzgerald and DeLeon reported on recent develop - lawyers in the city of Philadelphia ments in both courts. doing pro bono work,” she told the Board.

10 MARCH 2003 / BAR REPORTER Labor and Employment Law Committee Structured Settlement Agreements Rev i e w e d by Wanda E. Flowers include a sizable alternative minimum the year of the settlement. In addition, join the committee. Committee Co- tax. there is no on-going relationship Chairs Wanda E. Flowers and Diane Martin Jacobson, vice president and Jacobson outlined the benefits to between the parties and both are able Siegel Danoff welcome suggestions for general counsel of Creative Capital, both plaintiffs and defendants of using to close their files on the case. Jacobson future programs addressing the con- Inc., discussed the use of structured structured settlements. The same described some very creative ways to cerns of practitioners in labor and/or settlements in employment cases at the amounts of settlement dollars can develop settlement agreements that employment law. They can be reached Jan. 28 meeting of the Labor and effectively go further. Moreover, plain- would be satisfactory to all parties, at [email protected] and Employment Committee. tiffs are taxed only as payments are including the assignment of claims to [email protected] Structured settlements, which allow received, rather than as a lump sum in non-qualified benefit companies to Upcoming meetings will be held defendants to make payments over a the year of the settlement, and defen- make future payments to the plaintiffs. March 25, May 27, Sept. 30, Nov. 25 and scheduled period of time, have been dants’ payments are fully deductible in New members are encouraged to Dec. 16. used in personal injury cases for decades. Such agreements can be used to substantially reduce the tax liability of plaintiffs. Jacobson described one recent case in which a plaintiff who did not use a structured settlement ended up owing a net liability to the IRS despite having won a $300,000 sex dis- crimination verdict at trial. Lump-sum damage payments trigger tax liabilities that are not only immediate but can

YLD UPDATE continued from page 7 of volunteer lawyers provide an eight- week adult education course that offers non-lawyers basic information about areas of the law that affect people’s daily lives. • Social Committee: Plans all the YLD social events including the happy hours and annual holiday party. This month’s happy hour is on Friday, March 7 from 6 to 8 p.m. at Denim, located at 1712 Walnut St. • Stepping Out for Seniors: Organizes a panel of volunteer attorneys to address area high school seniors with legal information that will affect them as they become adults. • Summer in the City: This event serves as the YLD’s big summer social event. This event is geared to the YLD and summer associates. Look for more information in the next few months about this event. After reviewing these programs, you can understand why I am so proud to be the chair of the YLD in 2003. Our programs have won awards on both the national and local level. Each year we are commended by the ABA for our hard work and commitment to the legal community. The YLD is not about creating controversies; we are about solving them. Each year we attempt to create programs that deal with the interests and issues facing young lawyers. If you would like to become more involved or have program suggestions, our door is always open. We look forward to seeing many new faces throughout the year.

M e l i sa s A. Schwartz, chair of the Young Lawyers Division, is an associate with Naulty, Scaricamazza & McDevitt, Ltd. Her e-mail address is [email protected]

BAR REPORTER / MARCH 2003 11 Film Review He’s a Lawy er By Day, Superhero By Night by Michael L. Lovitz

I couldn’t argue with the logic when asked to review the new movie “Daredevil,” featuring the Marvel Comics character of the same name. As a long-time comic book collector, founder of the Comic Book Law School program, and counsel to creators and companies in the comic book industry, I figured I had the right credentials for the job. As a fan of the character and its rich comic book history, I thought the movie was another excellent translation from printed page to the silver sceen, filled with fun “inside jokes” and cameos. Even for those who are complete strangers to the Marvel Universe of characters, “Daredevil” is an enjoyable film, filled with blazing action, steamy romance, a ruthless By day, Matt Murdock is a mild-mannered attorney. By night, he becomes Daredevil, dispensing his own brand of superhero justice. Ben Affleck plays villain you almost want to both roles. root for, and a hopeful (if not entirely happy) ending. ter.” Well, it’s actually much, Raised in the Hell’s Kitchen day Matt will amount to movie, by a bio-hazardous But I was concerned - after much more. section of New York City, Matt something - “a lawyer or doc- substance), he finds, like all, the reaction I expect from For those who aren’t is the son of an over-the-hill tor.” Blinded as a tween by a many with impaired vision, most Philadelphia lawyers is aware, our hero is Matt boxer who constantly pushes freak accident (in the comics, that his remaining senses are “who cares - it’s just a movie Murdock, blind lawyer by day, him to choose studying over Matt is struck in the eyes by a enhanced, but, unlike others, about a comic book charac- vigilante superhero by night. fighting, in hope that some- radioactive cylinder; in the continued on page 14

Television Review NBC’s New Legal Comedy ‘A. U . S . A ’. is A-OK

by Sunah Park except perhaps an unfunny situation judge in full black robe and a sour comedy show about lawyers. expression on his face. It turns out that A new legal show? Does anyone So, arms crossed, I watched the Adam found himself in the judges’ pri- watch any legal shows besides “Law & show. The opening scene was as con- vate bathroom. He hightails it out of Order” and “The Practice?” Apparently trived as any reality show I’ve become there, but not without first making a not – “Girls Club” bowed out after two hooked on (“Joe Millionaire” and “The groan-inducing comment to the judge episodes and “Queens Supreme” was Bachelorette” are my favorites). On his that he only did a “number one” in the given the ax after three. So, what way to the courtroom to assist his bathroom. The whole scene was makes the powers-that-be at NBC supervising attorney at trial, Adam, intended to elicit a cheap laugh and think that audiences will want to see arm in a sling, detours into a bath- the too-loud laugh track gave it. I did A.U.S.A.? My guess is the attractiveness room. He does his business at the uri- not. of the star of the show, Scott Foley. He nal, but as he goes to zip himself, dis- Just when I was about to give up on of course, was dreamy Noel of “Felicity” covers that he didn’t do “the shake” the show, I found myself smiling at the fame, and coincidentally, the defendant effectively. The result is an obvious wet next sequence of events. Adam has a charged with killing his stalking object stain in the crotch of his khakis. He dim-witted (but I’m sure lovable in on the first episode of “Girls Club” (and tries to wipe it with paper towels but future episodes) roommate, Owen, who who hung himself naked in his cell at the stain is not going away. He looks came down to the courthouse to sup- the end of the show’s episode). This around and spies the automatic hand port Adam in his first court appear- time around he plays Adam Sullivan, dryer. A three-year-old can guess what ance. While in the courthouse cafeteria, the newest Assistant United States he’s going to do, and he does it. One Owen met a couple of attractive nurses Attorney, the acronym of which pro- leg over the trash can, Adam positions whom he introduces to Adam. Adam vides the show’s title. his crotch in front of the dryer and gives the women their number and Scott Foley plays assistant U.S. Attor n e y Truthfully, I was prepared to dislike makes groaning noises as the hot air they arrange to meet for dinner after- Adam Sullivan in the new NBC c o m e d y the show. There’s nothing worse than blows over his private area. Who ward. The next scene is where the con- ‘A.U.S.A.’ an unfunny situation comedy show, should come in at that time, but a continued on page 13

12 MARCH 2003 / BAR REPORTER A.U.S.A. MALPRACTICE Kahn agreed with this, and stated that gested that maybe the conflict is not he believes a cap on non-economic actually between doctors and lawyers, continued from page 12 continued from page 2 recovery would be difficult, in that it but between doctors and their insur- sequences of the bathroom incident issue and what the committee was would require an amendment to the ance carriers, who should be forced to come to a head. The judge who is pre- proposing. Specifically, the issue of caps state Constitution. Still, he expressed justify their exorbitant rates. Kahn con- siding over the trial is the judge who was one that drew the ire of many in concern that juries sometimes have cluded by thanking those in attendance walked in on Adam seducing the hand attendance. Some concerns expressed trouble grappling with complex med- for their suggestions and reminding dryer. As if that weren’t bad enough, as were that a cap only hurts those vic- ical issues, and that the committee has them that this task force is not a lobby- the jury is being led into the court- tims who are most seriously injured, discussed the option of arbitration and ing group, but can only give informa- room, the two nurses to whom he gave and that caps have not stopped insur- mediation, rather than jury trials, in tion and recommendations, and that his number are jurors number three ance rates from going up in other some cases. this is a work in progress. and four! Oh no! As the two women states. Rather, many shared the senti- Many in attendance also felt that smile at him and wave, the hard-nosed ment that strong legislation was need- the committee should be more focused federal defender, Sara Rakin (the object on insurance regulation. It was sug- Ga b riel DeVitto is a member of the Professional ed for regulating insurance practices. Responsibility Committee. of Adam’s crush in law school) objects and accuses the prosecution of jury tampering. A hapless Adam is helpless to stop the train wreck. A mistrial is declared and of course, Adam’s supervising attorney is not pleased to say the least because, as he said, “Do you know how hard it was to find 12 people who liked me?” Laugh track again. The storylines are not deep, and there’s definitely not much law involved. The characters are one- dimensional and very white-bread. Adam’s boss is a short, straight-faced prosecutor without much humor. Adam’s paralegal is a fool with a sta- pling fetish. The federal defender is blonde, blue-eyed and cute in a suit. That’s all you need to know. I predict that Adam and Sara will eventually hook up, and Adam will find himself in more situations where his haplessness is showcased. Perhaps that’s what the show is all about – Scott Foley’s soft brown eyes, curly brown hair and dimpled smile. They’re not the worst reasons to watch a show. Yes, the show struggled for humor, but I wasn’t expecting much. If I want true comedy, I go to my reality shows. For example, nothing was fun- nier than hearing Melissa on “Joe Millionaire” answering his question as to what she would do with the money if she inherited the money he suppos- edly did. Melissa’s response: “If I had money and time, I’d want to go to a third-world country and bathe their children, give shots, things like that. That’s me. I’m a mercenary kind of person.” What a hoot! Now, that’s funny! Sorry for the digression – back to the review of “A.U.S.A.” All in all, the show wasn’t as offensive as “Girls Club,” at least not to me. But you might ask some assistant U.S. attorneys if they feel differently. I doubt anyone would confuse this situation comedy with real life in the U.S. Attorney’s office, but then again, the same people watching this show probably watch reality TV and what does that say? Wait, that’s me! In any case, in sum, “A.U.S.A.” was not as funny as my reality shows, does not contain much law and stars an appealing Scott Foley. Will it do well in the ratings? Don’t ask me – I predicted that “Girls Club” would last the season.

Sunah Park, an associate at Thorp, Reed andm s t rAr o n g , is a member of the Editorial Board of the Philadelphia Bar Reporter.

BAR REPORTER / MARCH 2003 13 HAP Annual Benefit April 10

PECO Energy, along with the Verizon Found- important project. HAP volunteers have helped ation and Philadelphia Suburban Water, will more than 8,800 clients and more than 152 present the Homeless Advocacy Project’s April community groups. Through HAP, volunteers Benefit on Thursday, April 10. The event will be have donated legal services worth more than held from 5:30 to 8 p.m. in the Conservatory at $10.3 million. the Park Hyatt Philadelphia at the Bellevue. The evening will feature complimentary Proceeds from the event will benefit the hors d’oeuvres, wine, beer and live jazz. An Philadelphia Bar Association’s Homeless extensive silent auction will be held with a Advocacy Project. HAP is a 501(c)(3) nonprofit wide variety of items including sports memora- organization that provides free legal services to bilia, dinners at the best Philadelphia restau- homeless individuals, families and nonprofit rants, original artwork, antiques, collectibles community groups developing affordable and much more. housing and other services for homeless per- For tickets ($45 per person) or for informa- H A P Fund-raising Committee co-chairs (seated, from left) Judi Greif and sons in Philadelphia. tion on sponsorship, please call Marnie Boccella Blaine Stanley are joined by HAP’s Marnie Boccella, (back, from left) co- Since December 1990, more than 300 volun- at (215) 523-9588 or return the coupon (below) chair Lenard Cohen and corporate co-sponsors Jim Reed of Verizon and Brian teer attorneys, legal assistants and law students to the Homeless Advocacy Project, 1424 Crowe of PECO Energy and HAP Board Chair Gregory J. Kleiber. Corporate have donated their time and resources to this Chestnut St., Philadelphia, Pa. 19102. co-sponsor Karen Carlson of Philadelphia Suburban Water is not pictured.

Homeless Advocacy Project April Benefit Name:______I wish or my firm wishes to become a “Diplomat” for a $2,500 contribution. (20 tickets will be forwarded to you) Telephone:______

__ I wish or my firm wishes to become a “Benefactor” for a $1,500 contribution. Sponsoring (15 tickets will be forwarded to you) Firm/Company:______

__ I wish or my firm wishes to become a “Patron” for a $1,000 contribution. (10 Address______tickets will be forwarded to you)

__ I wish or my firm wishes to become a “Friend” for a $500 contribution. (5 tick- City:______State:_____ Zip Code:______ets will be forwarded to you) PLEASE MAKE CHECKS PAYABLE TO THE HOMELESS ADVOCACY PROJECT __ Enclosed is a gift certificate or description of the item that I would like to AND MAIL TO: Homeless Advocacy Project, Attn.: Marnie Boccella, 1424 Chestnut donate to the Silent Auction. St., Philadelphia, Pa. 19102. Please enclose a self-addressed stamped envelope.

__ Enclosed is _____ for _____ ticket(s) to the benefit. (Tickets are $45 each.) All contributions are tax deductible to the maximum extent allowed by law. A copy of the official registration and financial information may be obtained from I cannot attend the benefit, but enclosed is my tax deductible contribution of: the Pennsylvania Department of State by calling toll free within Pennsylvania: _____$50 _____$75 _____$100 other $______(800) 732-0999. Registration does not imply endorsement.

DAREDEVIL ity to pay (many clients pay them deftly sets the stage for the various many fronts, particularly with the through barter). But to Matt, the most conflicts without bogging down the increasingly popular use of computer continued from page 12 important thing is to help and protect film. The interactions between the generated special effects to portray good, innocent people, and (as characters are generally true to their superhuman athleticism. to a superhuman level. For example, Daredevil) to see that the guilty are comic origins. The romance between Unfortunately, while I’m willing to Matt’s enhanced hearing allows him to brought to justice. For example, when Matt and Elektra is engaging, and forgive CGI effects, as a lawyer, I was determine whether someone is telling the man accused of raping his client is downright steamy, while filled with driven to distraction by the inaccurate the truth - a human lie detector. Also, acquitted by the jury, despite Matt’s moral complexities. But Colin Farrell depiction of the legal system, and his finely attuned hearing allows him best efforts in court, it’s Daredevil’s steals the show as Bullseye, infusing his Daredevil’s role in it. First of all, with to “see” the way in which sound turn to bring about justice. intensity with the proper amount of primarily poor clients, how on earth bounces off of objects. With this new As a lawyer, I found the general psychopathic glee - this is a soulless does Daredevil afford the apartment “radar” sense, our hero is able to premise an intriguing one - what if hitman who truly enjoys his work. and equipment he uses? Short of using maneuver better than when he had his you could know when a criminal was Steeped in symbolism, the film super-acute hearing to moonlight as a sight. But Matt’s gift is at the same time actually guilty, and you also had the intertwines a wide range of both sim- safecracker, this point is never satisfac- a curse - his enhanced senses are often tools and drive (obsession?) to punish ple and complex issues: good and evil; torily explained. Then there’s the total- overwhelming, a constant barrage of those violent criminals that the legal love and hate; vengeance and forgive- ly inexplicable scene, early in the sensory information, forcing Matt to system set free? As an officer of the ness; loss and redemption; and justice, movie, where Matt appears in court use a sensory depravation tank just to court, are you doing justice to the legal duty, and morality (with religion representing a rape victim, yet examin- sleep. system, or breaking down the founda- thrown in to further complicate mat- ing the accused rapist during the crim- When his father is killed for failing tion on which justice is built? ters). Unlike “Spider-Man,” the charac- inal trial. This made for an annoying to throw a fight, Matt re-commits him- The film artfully introduces the ters are dark and the action is violent distraction. Luckily, it was only one self to honoring his father’s memory viewer to the complex histories of our and bloody. Although an action film scene. and becomes a lawyer. Matt, with his main characters, Daredevil/Matt Murd- and soap opera rolled into one, the Providing a new twist on the cliche law partner Foggy Nelson (Jon ock (Ben Affleck), his love interest El- film works on many levels, and the that “justice is blind,” “Daredevil” is a Favreau), opens a storefront law office ektra (Jennifer Garner), the villainous viewers are sure to get out of it as “must see” film in the burgeoning close to Matt’s Hell’s Kitchen roots. Wilson Fisk, a.k.a. The Kingpin (Michael much as they are willing to put in. comics-to-film movement. Much to Foggy’s chagrin, Nelson and Clarke Duncan), and the deadly “I nev- Of course, as is expected in movies Murdock take on clients of all socioe- er miss” Bullseye (Colin Farrell, having about comic book characters, viewers M i chael L. Lovitz is an associate in the Intellectual Property Group of Connolly Bove Lodge & Hutz LLP. conomic status, regardless of their abil- more fun than any villain should), and are required to suspend their beliefs on

14 MARCH 2003 / BAR REPORTER Old Guard House Inn Steeped in History, Flavor

The Old Guard House Inn nary tshotchkes throughout. mer is lightly breaded veal medallions 953 Youngsford Road Waitpersons meander with superb effi- floating above creamy lemon butter. Gladwyne, Pa. ciency, consciously catering, soundly The veal is pounded to tenderized, (610) 649-9708 FEASTS TO FAMINE suggesting and cautiously carting. toothsome ovals, made golden-crusted www.guardhouseinn.com Don’t hesitate to split your orders and complaisant upon their lemony for “appetizers, soups or salads.” Fresh underpinnings. A knife is unnecessary, by Skinny D. Bockol Prince Edward Island mussels ($9), for as the side of a fork provides ample instance, are nearly two dozen sand- force to separate a morsel. There are There are many benefits to living in less, steaming shell-dwellers perspiring two gourmand’s medallion portions on the Village of Gladwyne, as I do, espe- in a chardonnay broth with hosts of the plate, purfled by mashed potatoes cially if the winter brings bumptious tomatoes and julienne vegetables, and and carrots. This is hearty tavern fare. blizzards and snow drifts up to your hints of garlic. There’s nary a reason The latter is an incarnadine meld of hips. The post office, bank, library and not to share. The staff expects such liver filets and bacon atop cooked supermarket are a cold stone’s throw. prudence. crispy red onions. There’s nothing its The pharmacy, hardware store and uses, and damned the tee-totaling edi- Every extracted mussel is brazenly equal in the region; it’s an atavistic luncheonette (or gourmet market) are a fice to be disguised as Gladwyne’s post bouncy, ready to burst in your mouth marvel of repast memories. The liver is minute’s gallop in galoshes. At twilight, office, confectionery, soda fountain, ice with the bloated charm of having satin upon velvet, medium to a pink, the frigid air resonates with the circa- cream parlor, meeting hall and even soaked in chardonnay. The tomatoes with the nosegay of thick cured bacon dian holy harmonies from the clear canine kennel quarters. are lavish with wine, sobered only by and sweet onions. The surrounding red and glorious bells of Saint John Finally, in the 1940s, the tavern use the crunch of thin strips of various wine reduction may be wisped onto Vianney Church. prevailed anew. Albert Breuers bought legumes. After the shells have been each piece, so that, at meal’s end, the At dinner time, sweet aromas subtly the showpiece in 1979, augmenting the denuded and emptied from the platter, plate is as clean as a whistle. emerge from the ovens of the Village bar with a restaurant whose German- hot buttered breads, served gratis, are I will not mention the seared veni- center’s Old Guard House, where Continental influences have been splashed into the remaining pool of son ($30), inundated in red cabbage, Albert Breuers, its proprietor-chef, revered for almost a quarter century. broth. The soggy dough swims down spätzle, poached pear and wild mush- begins to sear venison loins, crisp the One enters into the bar, actually a your throat as you gloat and sigh. room sauce, nor the Norwegian salmon skins of roasting ducklings and sauté seeming stage where half the actors are Or divide a bowl of Philadelphia pistachio crusted ($25) except to say calves’ liver in bacon and onions. The nattily attired in a haberdashery high- snapper soup ($7) into two cupfuls. The that the ingredients are oversized, fresh restaurant’s redolence bespeaks the vil- ball: blue-blazered-flannel-slacked soup is a torrent of turtle meat hewed to a fault and perfectly presented. And lage’s voice, that winter is not simply a with orange and red Manhattans. The for a spoon’s delivery through parted if you’ve tasted better sweetbreads, season, it’s a seasoning. other actors are cloaked as birds of a lips. Each cup’s contents are lusciously rack of lamb, Dover sole or schwein- The Inn, as legend has it, was erect- feather: blue-collared-brown-chinoed lambent and invigorated by splashes of epfeffer ($27, $30, $34, $25 respectively), ed to be a tavern in 1790. But its initial with amber golden beers. The actresses cidery sherry. Your tongue behaves I’d eat my suburban hat. applications for a license were denied play leading roles, glowering and/or badly, inadvertently slurping the spoon Attempt climbing the chocolate or revoked by the first Pennsylvania glowing in comfortable decorous cloth- to its original scarified silver state. guard house tower ($6.75) for dessert. Liquor Control Board. Local mill working, upstaging all others until tables, Gurgling and gulping are not uncom- The flexuous light chocolate mousse is ers were rowdier than most, for near omnipresent fireplaces, are read- mon. This concoction takes your perforated with truffles and surround- decades. By 1880, the building had ied for their meals. palate’s senses to supererogatory subli- ed by latticed delectations of hardened become the Merion Square Hotel, A multitude of tiny low-ceilinged, mation. It’s as if you’re inhaling liquid. dark chocolate reticulations. Lawyers where bowdlerized cocktails led to less beamed eating rooms convey the his- If you miss the wienerschnitzel ($28) allow these layers to be shared over calamities. tory of the establishment, with or sautéed calves’ liver ($23), you’ll kick strenuous objection. Prohibition preempted alcoholic antiques and abundant copper culi- yourself until the statute runs. The for- BIS DAT QUI CITA DAT

Girl Scouts Honor Talley

Chancellor Audrey C. Talley poses with Sharon A. Smith (left), executive director and chief executive officer of the Girl Scouts of Southeastern Pennsylvania, and Karen Hamilton (right), president of the Board of D i rectors of the Girl Scouts. T a l l e y was among the women recognized as a winner of the Girl Scouts of S o u t h e a s t e r n Pennsylvania’s “T a k e the Lead Award.” The award honors women who have demonstrated s m a rts, savvy and success in finance, banking and investments. The awards will be presented March 12 at a program at the Four Seasons Hotel.

BAR REPORTER / MARCH 2003 15 International Criminal Court Elects 18 Jud g e s by Enid H. Adler by a certain date were eligible to nomi- nate candidates for the Court. Ten Eighteen judges were elected to the women and 34 men were nominated. new International Criminal Court dur- At the initial balloting plenary on Feb. ing four days of voting in February at 4, the president of the Assembly of the United Nations in New York City. States Parties stated, “Governments These new ICC judges will hear cases should not attach to this election the of genocide, crimes against humanity same procedure that we have in have and war crimes only when national in place for the election of candidates jurisdictions cannot or will not. to other bodies … We do not want to Currently 89 countries have ratified tie this election into the regime of reci- the ICC’s Rome Statute, which entered procal agreements or swaps… This into force on July 1, 2002 and is not election has to be unique in character.” retroactive. The Assembly of States The election and balloting process were Parties is composed of one representa- a model of propriety and democratic tive from every country that has rati- procedure. All 18 judges hail from fied the Rome Statute with 85 countries countries rated as “Free” by the non- eligible to vote in the judicial selection. profit Freedom House. The United States has not approved the The electoral procedure as dictated Rome Statute. by the ICC’s Rome Treaty was complex, Enid H. Adler (left) congratulates Judge Navanethem Pillay of South Africa following Pillay’ s The Philadelphia Bar Association but written to insure that the Court’s election to the International Criminal Court at the United Nations last month. passed a resolution in April 1998 in judges would be equitably representa- Ghana, South Africa, Republic of Korea, The ICC Court will sit in The Hague. favor of an ICC. It was one of only tive. The 18 judges elected represent Samoa, Cyprus, Latvia, Bolivia, Brazil, On March 11, the judges will be sworn three city bars in the United States to every region of the world, include Costa Rica, Trinidad & Tobago, Canada, in before the Queen of the Netherlands do so. experts on both criminal law and Ireland, United Kingdom, Finland, at a gala celebration in The Hague. Nominations for judges had been international law, and consist of seven Germany, France and Italy. It took a open since last November. The coun- women and 11 men. Judges elected total of 33 ballots to elect all the Enid H. Adler is a former chair of the International Law Committee and has participated in ICC preparatory con- tries that had ratified the Rome Statute represent the following countries: Mali, judges. ferences for more than four years.

Board of Governors Cabinet – meeting, noon, 10th floor Board Room. Wednesday, March 19 Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor CALENDAR OF EVENTS Committee Room. Workers’ Compensation Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Note: While the following listings have been verified prior to press time, any scheduled event may be subject to change by the committee or section chairs. Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7.50. Women’s Rights Committee – meeting, 4 p.m., 10th floor Board Room. Monday, March 3 LegalLine – 5 p.m., 11th floor LRIS offices. Public Interest Section Executive Committee – meeting, noon, 10th floor Board Room. Thursday, March 20 Family Law Section – meeting, 4 p.m., 10th floor Board Room. Family Law Section Executive Committee – meeting, noon, 11th floor Committee Room. Tuesday, March 4 Elder Law Committee – meeting, noon, 10th floor Cabinet Room. Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Women in the Profession Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Wednesday, March 5 Friday, March 21 Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Judicial Commission – meeting, 11:45 a.m., 10th floor Board Room. State Civil Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference Young Lawyers Division Executive Committee – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Center. Tuesday, March 25 Legal Rights of Children Committee – meeting, 3:30 p.m., 10th floor Cabinet Room. Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7.50. Thursday, March 6 Compulsory Arbitration Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room. Labor & Employment Law Committee – meeting, noon, 11th floor Committee Room. Lunch: Lunch: $7.50. $7.50. Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room. Young Lawyers Division Cabinet – meeting, noon, 10th floor Cabinet Room. Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., 10th floor Cabinet Room. Board of Governors – meeting, 4 p.m., 10th floor Board Room. Environmental Law Committee – meeting, 12:30 p.m., 11th floor Conference Center. Wednesday, March 26 Friday, March 7 Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee Judicial Commission – meeting, 11:45 a.m., 10th floor Board Room. Room. Tuesday, March 11 Thursday, March 27 Criminal Justice Section Executive Committee – meeting, noon, 10th floor Board Room. Professional Responsibility Committee – meeting, noon, 10th floor Board Room. Lunch: Wednesday, March 12 $7.50. Appellate Courts Committee – meeting, noon, 10th floor Board Room. Lunch: $7.50. Friday, March 28 Thursday, March 13 Philadelphia Lawyer magazine Editorial Board – meeting, 12:30 p.m., 10th floor Board Committee on Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor Room. Cabinet Room. Unless otherwise specified,h alle ksc c for luncheons and programs should be made payable to the Philadelphia Bar Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Association and mailed to Bar Headquarters,1 01 Market 1 St., 11th fl., Philadelphia, Pa.1 0197- 2 911. Send Bar $7.50. Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 11 01 Market St., Philadelphia, Pa.1 0197- 2 911. Fax: (215) 23 8 - 12 67. E-mail:r e p o r t e r @ p h i l a ba r. o r g . Tuesday, March 18

16 MARCH 2003/ BAR REPORTER TECHNOLOGY continued from page 6 Board OKs Bylaw Amendment Vote immediate dividends without either significant cost or disruption is the net- by Jeff Lyons istration of official publications. The preserving the integrity of the maga- worked fax machine. The typical law action came at the Board’s Jan. 28 zine under a new system of staggered firm’s fax machine stands alone, The Board of Governors has meeting. member terms. though, and offers a chance to stream- approved the submission of a bylaw The bylaw amendment will be con- “We’re not here to challenge the line your office. When it is available amendment to the membership considered by the membership at the Board of Governors,” said former through the network, you can fax cerning composition of the Nominating Spring Quarterly Meeting and Chancellor Seymour Kurland, a mem- information from your computer as Committee, additional nominations, Luncheon on Thursday, April 3. ber of the magazine’s Board. “We have easily as printing it from your software: standing, special and ad hoc commit- The amendment was opposed by the experience over many years of the a word-processed document, a spread- tees, Register of Committees, definitions some members of the editorial board day-to-day administration of the mag- sheet, an e-mail, a photo. You send a of the Real Property and Workers’ of The Philadelphia Lawyer magazine, azine.” continued on page 18 fax just like a print request to a printer, Compensation Sections and the admin- who said they were concerned with except that you provide the phone number and other information neces- sary to transmit it, including a cover sheet that your firm can design. This may sound like a minor conve- nience, but consider how much time you or your staff spends in connection with the fax machine. Now contrast that with sitting at your desk and being able to send a fax. You can check, from your computer, the status of the fax or you can resend it if it did not transmit correctly. You can store an electronic copy of the cover sheet and fax in your document or case management system. Imagine every page the lawyers and staff at your firm print off solely in order to send it as a fax, and then file it. Everyone in a law firm can share the fax when it is on the network and get the same benefits while saving on printing and paper filing. Faxes can be queued for transmission after hours or at a particular time. Each fax is accessible as part of your management of firm knowledge, electronically and rapidly through your information systems. If your law firm does not own a fax machine, consider a multi-function printer. About one-third of respondents to the ABA 2001 survey had multi- function printers. It offers a basic sheet- fed scanner, photocopier, printer, and fax machine all in one unit. Hewlett- Packard, Xerox, and Brother are the most common brands of multi-function printer companies. Many law firms will already own a fax machine so you should check to see if yours can be added to a network. This may require a network server attachment for your fax machine, for as little as $200, bought from the same company that made your fax machine. In some cases, your fax machine may be “network ready” and already have a network jack on it. Attaching it to your network may be as easy as plugging a cable into the fax machine from your network! There is a glut of technology aimed at lawyers. The software and hardware that automates the routine tasks in a firm can provide the biggest bang for the buck but its coverage should be as broad and integrated as possible. It can give the attorney more time to be Atticus Finch and make the law office appear to run on its own.

David P. Whelan is director of the ABA Legale ch n oT l o g y Resource Center.

BAR REPORTER / MARCH 2003 17 FAMILY LAW the second one will be scheduled with the first when it comes up for hearing continued from page 4 date on the computer. This is an effec- tive consolidation, which could be and continually growing. done before only by motion and hear- Judge Idee C. Fox, supervising judge ing, even if uncontested. of the Domestic Relations Division of Counsel are cautioned that, because Philadel-phia Family Court, made a statistics on continuances are being presentation at the February meeting of kept and will be shared among the the Family Law Section, outlining the judges, continuances may be more dif- efforts she and her staff, with the ficult to get unless the reasons fit with- encouragement, support and input of in the court-expressed policies. Family Court Administrative Judge Finally, the Supreme Court mandat- Myrna Field, are making. ed education for judges, masters, hear- The hearing officers in support and ing officers and staff to effectuate these custody, our masters’ units, are being goals. Our judicial representatives will cross-trained in order to be able to be meeting with statewide administra- handle either matter, as the need for tors to work on this, with open ques- reduction in backlog fluctuates. In tions being who will do the training, addition, if one matter is before them, when, and who will pay for it. and a petition filed for the other, they Stay tuned for more pronounce- will be able to enter orders in both sys- ments and tinkering with the system in tems, if the parties agree, and cancel order for our court to comply with the hearing in the other. these directives. If a matter in one area is scheduled Judge Idee C. Fox, supervising judge of the Domestic Relations Division of Philadelphia before a judge, and a petition filed in David I. Grunfeld is a sole practitioner and member of theFamily Court, poses with Family Law Section Chair David J. Steerman before the Section’ s the other area, if substantially related Family Law Section. Feb. 3 meeting.

FRONTLINE that they have come to treasure. For many, there is an antidote to the pro- continued from page 2 fession’s increasing pressures and Volunteer Contact List areas that help those in need. And obsession with the bottom line. It’s members of our own U.S. Supreme called pro bono. of Local Pro Bono Agencies Court including Chief Justice William Unfortunately, it seems that far too H. Rehnquist and Justices Sandra Day few of us have discovered this antidote. AIDS Law Project of Pennsylvania...... (215) 587-9377 O’Connor and Ruth Bader Ginsburg Not enough of us have gotten involved. The Center for Lesbian and Gay Civil Rights...... (215) 731-1447 have reiterated this mandate in various Meanwhile, more and more people Community Legal Services...... (215) 981-3700 comments and statements. The ABA need help, especially in the current Consumer Bankruptcy Assistance Project...... (215) 523-9511 and the justices speak to our highest economic climate. It’s been reported Custody and Support Assistance Clinic...... (215) 981-3878 ideals and our role as members of the that the poverty rolls in America have Defender Association of Philadelphia...... (215) 928-0520 broader society. But it is up to us to act. grown by an estimated 1.3 million peo- Disabilities Law Project...... (215) 238-8070 If we embrace this responsibility, ple in 2001 alone. And the figure for Education Law Center...... (215) 238-6970 then we can reap the rewards. And the 2002 is likely to be even higher. The rewards are significant. Task Force Report is not off-base. There Friends of Farmworkers...... (215) 733-0878 Pro bono work affirms our profes- really is an urgent need and that need HIAS and Council Migration Service of Phila...... (215) 832-0900 sional values. When we do pro bono is growing. Homeless Advocacy Project...... (215) 523-9595 work we are more likely to feel fulfilled Consider the responsibility and Juvenile Law Center...... (215) 625-0551 as professionals and as citizens. We not decide today that you will begin reap- Legal Clinic for the Disabled...... (215) 587-3350 only have the satisfaction of knowing ing the rewards of pro bono. Look over Nationalities Service Center...... (215) 893-8400 that we have helped others but there is the list of pro bono agencies and con- Pennsylvania Health Law Project...... (215) 625-3663 an added plus: We will be helping to tact numbers and call today to volun- Pennsylvania Immigration Resource Center...... (484) 802-7281 enhance the dignity of the profession teer. To volunteer for LawWorks, con- Pennsylvania Institutional Law Project...... (215) 925-2966 and increase respect for the law and tact Bill Woodward at (215) 204-8984 or Pennsylvanians for Modern Courts...... (215) 569-11 5 0 the legal profession. Pro bono also Sharon Browning at (215) 523-9560. gives us the chance to go beyond our No matter what area of the law you Phila. Volunteers for the Indigent Program...... (215) 523-9550 day-to-day economic concerns and put practice in, there is a place for you Philadelphia Volunteer Lawyers for the Arts...... (215) 545-3385 ourselves and our professional lives in among Philadelphia’s many pro bono Public Interest Law Center of Philadelphia...... (215) 627-7100 perspective. It is hard to place a price agencies and projects. Your special tal- Regional Housing Legal Services...... (215) 572-7300 on the real, live, human value of ents can make a positive difference in S e n i o r L AW C e n t e r...... (215) 988-1244 pro bono work. But those who have your own life and the lives of others. Support Center for Child Advocates...... (215) 925-1913 made a habit of providing volunteer Women Against Abuse...... (215) 386-1280 legal service to others in need have Audrey C. a T l l e ,y a partner at Drinker BiddleR e & a t h L L P, is Chancellor of the Philadelphia s Bar s o c Ai a t i o n . Women’s Law Project...... (215) 928-9801 said that the experience is something Her e-mail addressh is a nc c e l l o r @ p h i l a ba r. o r g .

AMENDMENT bers must also solicit new articles and is not meant to take anything away. It’s Editor of each official publication shall must attend 50 percent of the Board’s just meant to clarify the process. It puts be established by majority vote of all continued from page 17 monthly meetings. “Whoever goes on the process (of adding Board members) the members of that Editorial Board “We don’t want two factions (current the Board has to meet these standards,” in line with the rest of the Bar then in office.” board members and future appointees) he said. Association.” The proposed bylaw amendment fracturing the cohesion of the editorial Chancellor Audrey C. Talley said the A friendly amendment was added also increases the number of signatures board,” Kurland said. proposed amendment “in no way lim- to enure editorial board control of the needed for a nominee for vice chancel- Kurland said all members of the its the internal procedures you’ve magazine. The friendly amendment lor. One hundred signatures would be editorial board must submit one article addressed. It maintains control of the reads, “the internal operating proce- required, an increase from the current for publication per year. Board mem- editorial board within the board. This dures and manner of selection of the 25.

18 MARCH 2003 / BAR REPORTER Notice to Philadelphia Bar Association Members

Pursuant to Section 1100 of the If the Board adds or deletes any ittee on Citizenship, Committee on Section 1001. Administration of Philadelphia Bar Association bylaws, Standing Committee listed in the International Human Rights, Comm- Official Publications notice is hereby given to all members groups in Section 400(A)(5), the Board ittee on Law Practice Management, and The Editorial Boards of each official of the Philadelphia Bar Association that shall have the discretion to make the Committee on Publications; publication shall consist of Members of the following amendments to the appropriate changes to the groups. The Register of Committees shall the Association, the majority of whom bylaws of the Philadelphia Bar 4. Section 702 of the Bylaws shall be reflect the name change of the Long shall be appointed by the respective Association were considered at the amended and restated as follows: Range Planning Committee to the Editorial Boards and the minority of January 28, 2003 Board of Governors Section 702. Special and Ad Hoc Strategic Planning Committee and the whom shall be appointed by the meeting and were approved for sub- Committees. Medico-Legal Committee to the Chancellor. The internal operating mission to the members at the April Committees other than Standing Medical Legal Committee. procedures and manner of selection of Quarterly meeting to take place on Committees may be created as the 8. Section 910 of the Bylaws is delet- the Editor of each official publication Thursday, April 3, 2003 at Noon at the Board or the Chancellor may direct. ed in its entirety and replaced with the shall be established by majority vote of Park Hyatt Philadelphia at the Bellevue. The Chancellor, Chancellor-Elect and following: all the members of that Editorial Board 1. Section 400 (A) of the Bylaws shall Vice Chancellor shall be ex officio vot- Section 910. The Real Property then in office. The members of the be amended and restated as follows: ing members of each such Special Section. respective Editorial Boards shall be Section 400. Nominating Committee; Committee or Ad Hoc Committee. The The Real Property Section shall pro- divided into three classes and shall Composition. term Ad Hoc Committees shall include mote the objectives of the Association serve for staggered three-year terms. There shall be a Nominating Task Forces. within the field of real property law by Except as otherwise provided in this Committee, which shall consist of the Where the Chancellor deems the discussing, studying and suggesting section with respect to Editorial Board following: Chancellor, Chancellor-Elect same to be in the best interests of the improvements in applicable laws, prac- members serving on the date of adop- and Vice Chancellor; the two immedi- Association, the Chancellor may tices and procedures. The Section shall tion of this Section, each member shall ate past Chancellors; three members of appoint one or more non-lawyers to also assist in the formulation of contin- be appointed to serve a three-year the Board designated by the Board serve as members of any Special uing legal education programs and term and a member of an Editorial from among those elected pursuant to Committee or Ad Hoc Committee materials. The Section shall serve as a Board shall not serve for more than Section 300(A)(1)(c); one person desig- except that, unless otherwise approved forum for communicating information two consecutive three-year terms. nated by each Section or Division from by the Board, no non-lawyer may be to its members on current develop- After serving two consecutive three- among its Executive Committee mem- Chair of any Special Committee or Ad ments and trends in real property law year terms, the individual shall not be bers; and five Chairs of Standing Hoc Committee unless there is a Co- and provide them with an opportunity eligible for reappointment until at least Committees of the Association, one of Chair of such Special Committee or Ad to network and develop relationships one year shall have elapsed since the whom shall be elected from each of the Hoc Committee who is a Member. with other lawyers and professionals in end of the prior term. All appoint- following groups by the Chairs of the Except as otherwise provided, the real estate industry. ments to the Editorial Boards shall be Committees listed in that group subject vacancies in the Chair of a Special 9. The following new Section 912 approved by the Board of Governors to the provisions of Section 700 (C): Committee or Ad Hoc Committee shall shall be inserted into the Bylaws: prior to the individual beginning ser- Medical Legal, Labor and Employ- be filled by appointment of the Section 912. The Workers’ vice on the Editorial Board. In order to ment Law, Legislative Liaison, Bar- Chancellor. Compensation Section. commence a system of staggered three- News Media, Insurance; Judicial The names and descriptions of the The Workers’ Compensation Section year terms, the Chancellor shall assign Independence, Charter and Bylaws, Special Committee and Ad Hoc shall promote the objectives of the each Editorial Board member serving Strategic Planning, Alternative Dispute Committee shall be listed in a Register Philadelphia Bar Association within the on the date of adoption of this Section Resolution; Women in the Profession, of Committees. field of the workers’ compensation law. to a class with a specific initial term so Minorities in the Profession, Member- 5. Sections 706 through and includ- The Section shall advance the develop- that Class A members shall serve an ship/Bar Admissions and Placement, ing 730 shall be deleted in their entire- ment of the law and assist in the for- initial term of four years, Class B mem- Legal Rights of Lesbian and Gay Men; ty. mulation of continuing education. The bers shall serve for an initial term of Fee Disputes, Professional Guidance, 6. The following Section 703 shall be Section shall seek to attain uniformity five years and Class C members shall Professional Responsibility, Lawyer inserted immediately after the amend- with respect to both legislation and serve for an initial term of six years. Referral and Information Service; ed and restated Section 702 of the administration in all matters within its Upon the expiration of the initial term Compulsory Arbitration, Municipal Bylaws and subsequent Sections 703, field. of each class, the members of such Court, State Civil, Federal Courts. 704 and 705 shall be renumbered to 10. Section 1001 of the Bylaws shall class shall not be eligible for reap- 2. Section 404 of the Bylaws shall be 704, 705 and 706, respectively: be amended and restated as follows: pointment for a period of one year. amended and restated as follows: Section 703. Register of Committees. Section 404. Additional The Secretary shall maintain a Nominations. Register of Committees which shall list•serve \noun\ An auto- Additional nominations may be include the names and descriptions of made in writing and must be filed with the Standing, Special and Ad Hoc matic electronic mailing the Secretary at least 30 days prior to Committees. The Register of Comm- the Annual Meeting. The nominations ittees shall be published annually. list, allowing users to par- must be signed by at least 25 Members 7. Upon adoption of the Register of ticipate in discussions. who are entitled to vote, except for the Committees it shall reflect: nomination of Vice Chancellor, which Except as set forth below and in shall be signed by at least 100 addition to the Standing Committees Members who are entitled to vote. currently identified in Article VII of the join \verb\ To become a mem- 3. Section 700 of the Bylaws shall be bylaws, the following committees shall ber of a group. deleted in its entirety and replaced be designated as Standing Committees with the following: in the Register of Committees: Comm- Section 700. Standing Committees. ittee on Judicial Independence, Alter- Join your Section’s or Committee’s The Standing Committees of the native Dispute Resolution Committee, Association shall be the committees and Committee on the Legal Rights of List Serve to stay in touch and keep designated by the Board as Standing Lesbians and Gay Men. up to date on the latest Bar events.Vi s i t Committees. The following committees no longer The names and descriptions of the exist and therefore, shall not be listed w w w. p h i l a d e l p h i a b a r. o r g Standing Committees shall be listed in on the Register of Committees: Comm- for more information. a Register of Committees. ittee on Annual Conferences, Comm-

BAR REPORTER / MARCH 2003 19 cussion was “Examining the Benefits of Ronald B. Glazer, a partner with Kenneth A. Murphy, a sharehold- Pro Bono Work for Your Community Wolf, Block, Schorr and Solis-Cohen, er with Miller, Alfano & Raspanti, P.C., and Your Firm.” discussed “Legal Aspects of has been appointed as a trustee of the P E O P L E Condominium Development and Presbytery of Philadelphia. The Presby- Kenneth Scott, regional managing Homeowner’s Associations in tery preserves and enhances the physi- Carl S. partner of Wilson, Elser, Moskowitz, Pennsylvania,” at a Jan. 30 seminar. cal and monetary assets of member Primavera, a Edelman & Dicker LLP, presented a churches in the Philadelphia area. partner at Klehr, speech at the Hawkesmere Conference C. Clark Harrison, Harvey, in London, England on Nov. 6 concern- Hodgson Jr., a Michael H. Branzburg & Ellers ing developing, constructing, operating partner with Reed, a partner LLP and former and securing international Stradley Ronon with Pepper Chancellor of the energy/power projects. Stevens & Young, Hamilton LLP and Philadelphia Bar LLP, has been elect- vice president of Association, has Michael Sklaroff, a partner with ed to serve on the the Pennsylvania been elected to the Board of Directors Ballard Spahr Andrews & Ingersoll, Board of Trustees of Bar Association, of the Building Industry Association of LLP, has been elected chair of the Saint Charles Borr- was honored at the Philadelphia. Philadelphia Historical Commission. omeo Seminary for a three-year term. Thurgood Marshall Scholarship Fund Awards of Excellence Jeffrey M. Fernando Gregory J. dinner on Feb. 19 as a Philadelphian Lindy, a sole prac- Chang-Muy, Kleiber, a partner “exemplifying professional and civic titioner and imme- regional director of with Fox Rothschild excellence.” diate-past chair of the Funders’ O’Brien & Frankel, the Board of Gover- Collaborative for LLP, has been Stewart M. Weintraub, a partner nors, has received Strong Latino named president of at Schnader Harrison Segal & Lewis Pennsylvania Legal Communities, has the Homeless LLP, has been elected member to Services’ Access to been named the Advocacy Project. Lambda Alpha International, Justice Award for 2002-2003 Thomas Philadelphia Chapter. Lambda Alpha his efforts in support of the Access to O’Boyle Lecturer at the University of Jonathan H. Newman, of counsel International is dedicated to fostering Justice Act. He was also recently named Pennsylvania School of Law. with Obermayer Rebmann Maxwell & the study of land economics and the president of The Neighborhood Club Hippel LLP, and Marc S. Raspanti, advancement of scholarship and of Bala Cynwyd. Charles J. Meyer, a partner with a founding shareholder of Miller integrity in all fields where land eco- Fox, Rothschild, O’Brien & Frankel, LLP, Alfano & Raspanti P.C., have been nomics is studied or practiced. Merih O. Erhan, spoke about “Objections at Trial” at a appointed to the Pennsylvania a sole practitioner recent American Bar Association Disciplinary Board by the Pennsylvania Timothy J. Bloh, and an advisory Family Law Section meeting in Supreme Court. a shareholder with editor of the Orlando, Fla. Marshall, Philadelphia Bar Michael S. Dennehey, Warner, Reporter, has been Daniel H. Wheeler, of counsel Rosenberg, an Coleman & Goggin, awarded a certifi- with Blank Rome LLP, has been elected associate at Wolf, spoke at the CLE cate of appreciation to the Board of Managers of The Wistar Block, Schorr and seminar “Dealing for outstanding Institute, an independent, nonprofit Solis-Cohen LLP, with Mold Claims” volunteer service by the Legal Clinic biomedical research institution dedi- gave a presentation on Jan. 22. for the Disabled. This is the third cated to discovering the causes and on the Basics of award she has received for an immi- cures of major diseases. Legal Assisting in Sharon Humb- gration case she has been handling for Pennsylvania at the le, managing part- the last 12 years. David N. Hofstein, a shareholder Philadelphia Airport Hilton on Jan. 30. ner of Linebarger with Hofstein & Wiener, P.C., moderat- Goggan Blair & Gina Furia ed a program for the Pennsylvania Bar The law firm of Wolf, Block, Sampson, LLP, has Rubel, president Institute and the American Academy of Schorr and Solis-Cohen LLP has been named to of Furia Rubel Matrimonal Lawyers on “Civility & been recognized by the National Pennsylvania Gov. Communications, Ethics” for family lawyers recently in Committee for Employer Support of Edward G. Rendell’s Inc., has received Pittsburgh. the Guard and Reserve (ESGR) as a transition team. She the Golden Web “Patriotic Employer.” This award is pre- will help assess the status of the Rev- Award from the Thomas R. sented periodically to worthy employ- enue Department and to advise the International Bond, a share- ers nominated by their Reservist or new administration. Association of Web holder with Guard employees. Masters and Designers. Marshall, Kell M. Damsgaard, a partner with Dennehey, Warner, Deborah R. Gross, of the Law Off- Morgan, Lewis & Bockius LLP, has James A. Young, Coleman & Goggin, ices of Bernard M. Gross, P.C., spoke at been named a fellow with the a principal and has been re-elected the Directors’ Consortium Program at American College of Trial Lawyers. founder of Christie to serve an addi- the Wharton School of University of Pabarue Mortensen tional two-year Pennsylvania. She discussed the legal and Young, has term as a member of the Pennsylvania issues surrounding audit committee Names Are News been honored as a Chamber of Business & Industry’s qualifications, responsibility and con- “People” highlights news of fellow in the Board of Directors. tent. members’ awards, honors or International appointments of a civic or com- Academy of Trial Leonard M. Klehr, founding part- Cynthia M. Philo, executive direc- munity nature. Information may Lawyers. ner of Klehr, Harrison, Harvey, tor of the Old City District, has been be sent to Jeff Lyons, Managing Branzburg & Ellers LLP, has been elect- appointed to the Board of Directors of Editor, Philadelphia Bar Reporter, Elizabeth K. Ainslie, partner at ed to the Board of Directors of the Ben the Pennsylvania Downtown Center, a Philadelphia Bar Association, 1101 Schnader Harrison Segal & Lewis LLP, Franklin Technology Partners of statewide nonprofit organization dedi- Market St., 11th floor, Philadelphia, co-chaired a panel discussion at the Southeastern Pennsylvania, a statewide cated to promoting and supporting the Pa. 19107-2911. Fax: (215) 238-1267. National Institute for Women in Law network that fosters innovation to vitality of the state’s downtown and E-mail: [email protected]. Firms Conference on Jan. 16 in stimulate Pennsylvania’s economic neighborhood business districts. Photos are also welcome. Washington, D.C. The topic of the dis- growth.

20 MARCH 2003 / BAR REPORTER