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June 2006 The Monthly Newspaper of the Philadelphia Bar Association Vol. 35, No. 6 YLD Celebrates Law Week Discussion Boards Now Available at Bar Web Site by Mark A. Tarasiewicz
Philadelphia Bar Association mem- bers have a powerful new tool for exchanging information with their col- leagues on practice-related issues and other topics of interest with the launch of the Association’s new Discussion Forums network at philadelphiabar.org. Discussion Forums have been created for members of every Section and the Young Lawyers Division. Forums will soon be launched for the Association’s
Photo by Jeff Lyons Committees, as well as Committees with- in Sections. Attorneys Edward Goldis (left) and Joel C. Trotter offer legal advice during the Young Lawyers Division’s Law Fair at the Gallery at Market Any Bar Association member who is a East on May 3. The Law Fair was part of the YLD annual Law Week celebration. More coverage of Law Week events, Pages 12 and 13. member in good standing of one of these groups has instant access to the Discussion Forum for that group by log- 2006 Bench-Bar Conference ging in to their personalized homepage at philadelphiabar.org, and clicking “My Discussion Forums” at the bottom of the Media Relations Panel page. Members can also access the For- ums through a link on the right side of Section and YLD homepages. to Explore Viewpoints For example, a member of the Family Law Section can post a topic in the Sub- by Beth Huffman and the media have different needs ject line that might be called, “Satisfact- The viewpoint of the bench, and goals when it comes to high-pub- ion of Debt.” He or she can then write thoughts from two of the area’s top lit- licity cases, they need each other to continued on page 14 igators and the perspective of the me- accomplish those goals. The panel, dia will be considered as the Young which includes Jane L. Dalton, Chan- Lawyers Division presents a media and cellor-Elect of the Association; Hon. In This Issue ... ethics CLE seminar at the 2006 Bench- Frederica A. Massiah-Jackson, the Im- 4 Federal Bench-Bar Doyle to Moderate Seminar Bar Conference, scheduled for Sept. 29- mediate-Past President Judge of the Emmy-winning journalist Lynn Philadelphia Court of Common Pleas; 30 at The Quarter at The Tropicana in 6 Section’s 15th Year Doyle of CN8, the Comcast Network, Atlantic City. and Abraham C. Reich, who served as will moderate a panel on judicial Using a panel discussion, the semi- Chancellor of Association in 1995, will 10 Mfume to Speak June 19 independence at the Association’s nar will examine how to develop good discuss how each faction can get what Bench-Bar Conference on Sept. 29 relationships between lawyers and the they want and need to do their jobs 13 Law Week Wrap-Up in Atlantic City. See Page 19 for media within the bounds of the Rules effectively without setting off any ethi- 20 Bar Night at the Phillies more information. of Professional Conduct. While lawyers cal landmines. continued on page 18
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2 JUNE 2006 / BAR REPORTER Association Remains Relevant, Needed by Alan M. Feldman amining just about every contempo- in technology, management, marketing rary issue that might affect you profes- or finance, just call the LPM hotline at From time to time, over the course FRONTLINE sionally, including such diverse matters (215) 238-6314. of my 30 years practicing law, I’ve as offering law practice management Insurance Requirements heard colleagues question the relev- services, the possibility of CLE credit If some members belong to the ance of the Philadelphia Bar Associa- for pro bono service, developing plans Association because of the insurance tion, and whether it really matters if for the legal community’s response to products we make available through they belong or not. Thus, a few part- the possibility of a pandemic, and re- USI Colburn, and the unmatched level ners in larger firms have said to me examining our relationship with the of service provided by Assistant Exec- “we have our own committees, in- Jenkins Law Library. utive Director Paul Kazaras, who could house publications and firm-sponsored Want to be a part of the excitement? blame them? Our staples, such as pro- social events: why do we need the Bar You can join a section or committee fessional liability coverage, medical Association?” And from some collea- online by visiting philadelphiabar.org; insurance and life and disability poli- gues at small firms, I’ve been told that forces, joint bench-bar projects and it’s really that easy. If you have an cies, are regularly reviewed by our were it not for their need for group more, every Philadelphia lawyer has interest in one of the special projects Insurance Programs Committee to health insurance and malpractice cov- the opportunity to enrich himself or I’ve described (or perhaps another that make sure that Bar Associa-tion-end- erage, they could do without the Bar herself professionally in his or her cho- you’ve been thinking about), contact orsed insurance products offer quality Association as well. sen specialty. All Association members me at [email protected]. coverage at competitive rates. Those of Are they right? Our executive dir- can attend meetings with colleagues Law Practice Management you who have experienced a coverage ector for the past three decades, Ken from their area of practice, hear terrific I wrote about this last month, so I issue know that Paul is always there to Shear, has come up with what I think speakers address topics of interest, and won’t beat the drum again here (and help resolve your concern. is the best test of whether we’re neces- experience the pleasure of getting to you hear a podcast of all of my col- For a complete list of endorsed sary. Ken asks, if there wasn’t a Phila- know colleagues (and even opponents) umns on the Association’s Web site). insurance products, visit www.col- delphia Bar Association, would we better. And one’s professional develop- But if a bar association’s relevance is to burn.com/philadelphiabar. My col- have to invent one? It’s a fair question. ment need not be limited to a substan- be gauged by the support it provides leagues from small firms were right: Let’s answer it. tive area of law; if you’re interested, for to lawyers and law firms for the busi- continued on page 15 Professional Development example, in the rights of women or ness of practicing law, then I’m delight- Any bar association worth its salt minorities, professional responsibility ed to let you know that you belong to PHILADELPHIA should help support the professional issues or volunteer opportunities, there the first local bar association in the growth and development of its mem- is a Bar Association committee com- country to develop its own law practice bers. Do we? Well, with nine energetic posed of lawyers who share your inter- management division. To access our sections, more than 60 committees and ests. And specialized committees and brand new and exclusive free one- an ever-changing assortment of task task forces of the Association are ex- hour consultation benefit with experts Editor-in-Chief Molly Peckman, Esq.
Chancellor’s Forum Associate Editors Sunah Park, Esq. Lawrence S. Felzer, Esq. Program on Diversity Beyond Large Firms June 5 Heather J. Holloway, Esq. Stacey Z. Jumper, Esq. Top officers from Philadelphia-area general counsel to the Redevelopment Hairston Jr., vice president for Govern- Asima Panigrahi, Esq. law firms that have had success in div- Authority of the City, deputy director ment Affairs and Community Relations ersifying their work force will share for Community Legal Services and city and deputy general counsel for the Contributing Editor Richard Max Bockol, Esq. stories and discuss best practices for solicitor of the City of Philadelphia. Children’s Hospital of Philadelphia; reaching diversity goals at the Chan- Melissa M. Gomez, Ph.D., a trial con- Deborah R. Willig, the first woman to Advisory Editors cellor’s Forum: “Diversity Beyond the sultant for TrialGraphix, will give a pre- serve as Chancellor of the Philadelphia Bruce H. Bikin, Esq. Large Firms” on Monday, June 5 at the sentation on hiring and retaining min- Bar Association; Louis S. Rulli, a profes- Merih O. Erhan, Esq. Pennsylvania Bar Institute’s CLE Con- ority attorneys as well as the impact sor of law at the University of Pennsyl- Marc W. Reuben, Esq. ference Center located on the 10th diverse counsel has on business devel- vania Law School; and James A.A. Pab- Director of New Media and Publications floor of the Wanamaker Building at 100 opment and during trial proceedings. arue, a Philadelphia attorney with ex- Mark A. Tarasiewicz Penn Square East. Karen Jackson Vaughn, the diversity tensive experience in the areas of em- Managing Editor The forum will focus on helping program manager for Saul Ewing LLP, ployment law, sexual harassment, racial Jeff Lyons mid-sized and small law firms as well will moderate a panel discussion on and gender discrimination, FMLA and Copy Editor as public interest law agencies with at- creating a progressive diversity model. ADA violations and age discrimination. Kate Maxwell torney recruitment and retention ef- Vaughn previously served as assistant Following the course conclusion at 4 Director of Public Affairs forts. This program has been approved dean for Career Planning at Temple p.m., the Philadelphia Bar Association and External Communications by the Pennsylvania Continuing Legal University’s Beasley School of Law. The will host a reception for course partici- Beth Huffman Education Board for 3 hours of CLE panel includes Carl G. Cooper, chief pants, members of the Association and Executive Director credit. diversity officer for Kirkpatrick & judges. To register for the program, call Kenneth Shear Charisse R. Lillie, vice-president of Lockhart Nicholson Graham; Roosevelt (800) 247-4724 or visit www.PBI.org. The Philadelphia Bar Reporter (ISSN 1098-5352) is human resources for Comcast Corpor- published monthly and available by subscription for $45 per year by the Philadelphia Bar Association, 1101 ation and senior vice-president of Market St., 11th fl., Philadelphia, Pa. 19107-2911. human resources for Comcast Cable, Periodicals postage paid at Philadelphia, Pa. POST- Tell Us What You Think! MASTER: Send address changes to Philadelphia Bar will deliver the keynote address. Lillie, The Philadelphia Bar Reporter welcomes letters to the editors for publication. Reporter, c/o Philadelphia Bar Association, 1101 a former partner at the law firm of Market St., 11 fl., Philadelphia, Pa. 19107-2911. Letters should be typed. There is no word limit, but editors reserve the right to Telephone: (215) 238-6300. Association Web site: Ballard Spahr Andrews & Ingersoll, www.philadelphiabar.org. Newspaper e-mail address: condense for clarity, style and space considerations. Letters must be signed to [email protected]. The editorial and other views LLP, joined Comcast in 2005. Her previ- verify authorship, but names will be withheld upon request. Letters may be expressed in the Philadelphia Bar Reporter are not nec- ous positions include trial attorney for essarily those of the Association, its officers, or its mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, members. Advertising rates and information are avail- the U.S. Department of Justice, Civil Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- able from Howard Hyatt at Media Two, 22 W. Rights Division, assistant U.S. attorney Pennsylvania Ave, Suite 305, Towson, Md., 21204. 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. Telephone: (410) 902-5797. for the Eastern District of Pennsylvania,
Visit the Philadelphia Bar on the Web at philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning
BAR REPORTER / JUNE 2006 3 Section/Committee Spotlight: Federal Courts Federal Bench-Bar Conference Set for June 16 by Jeff Lyons pending right now, in a nize as one of the things (Hoffa) and one prosecutor turned de- number of substantive that distinguishes this fense lawyer (Levine) — address the crit- The Federal Courts Committee’s an- areas of the law, and it is District Court from other ically important issue of attorney-client nual Federal Bench-Bar Conference always beneficial to have district courts. So it is privilege waivers. I expect their discus- moves back into the city on Friday, an overview of how important to safeguard sion to be both interesting and lively,” June 16 with a keynote luncheon ad- those cases can and that relationship and I am said Bizar. dress from U.S. Court of Appeals Judge should be handled. optimistic that Judge U.S. District Court Judge Michael M. Marjorie O. Rendell. Hopefully, we will be Robreno and Judge Baylson and U.S. Magistrate Judge Da- The conference will be held at able to have a meaning- Pratter will offer some vid R. Strawbridge and Stephanie Res- Loews Philadelphia Hotel, 1200 Market ful exchange on these keen observations that nick, a former chair of the Federal St. A total of 3 CLE credits, including .5 issues - something that will be particularly useful Courts Committee, will discuss “Pend- ethics credits, are available. the Federal Bench-Bar to the younger practition- ing Rules Changes on Discovery of The conference begins with opening Conference is known for ers in attendance,” Bizar Electronic Documents.” remarks from U.S. District Court Chief - and that everybody said. Chief Judge Bartle, U.S. Bankruptcy Judge Harvey Bartle III and committee will benefit,” Bizar said. Following a short Court Chief Judge Diane W. Sigmund Chair Steven E. Bizar and Vice Chair U.S. District Court Judge Marjorie O. Rendell will be break, Linda Dale Hoffa, and Clerk of Court Michael E. Kunz Edward G. Biester III. Judges Eduardo C. the keynote speaker at a lun- assistant chief of the will follow with reports. “We have an outstanding group of Robreno and Gene E.K. cheon following the June 16 Criminal Division of the The program wraps up with closing judges and practitioners who have ag- Pratter, along with Ellen Federal Bench-Bar Conference. U.S. Attorney’s Office, and remarks by Bizar and a reception and reed to participate in the event and Merriwether and Dennis Ronald H. Levine will luncheon with Judge Rendell providing their perspectives on the topics they R. Suplee, are the panelists for the sec- present “Addressing Requests to Waive keynote remarks. will be addressing are sure to provide a ond program, “How Focus on Ethics Attorney-Client Privilege in Criminal “The Bench-Bar has always been a wealth of useful information for atten- and Professionalism Improves the Matters.” great way to collect 3 CLE credits while dees,” said Bizar. Relationship Between the Bench and “Last year we tried to broaden the hobnobbing with judges and distin- The first program, “Managing Multi- Bar.” program’s appeal and to find ways to guished practitioners,” Bizar said. District Litigation,” includes panelists “All of us who practice in this dis- reach criminal practitioners with our Tuition, which includes breakfast, a U.S. District Court Judges James T. Giles, trict recognize the special nature of the discussion of the impact of recent Su- course book and lunch, is $175 for Jan E. DuBois and Mary A. McLaughlin relationship between the bench and preme Court cases on sentencing members of the bar admitted before along with Michael D. Donovan, Mich- the bar. It is a coin of rare value and guidelines. This year we are continuing Jan. 1, 2002 and $155 for members ael D. Fishbein and Alexander Kerr. something that those who practice in that effort by having two prominent admitted after Jan. 1, 2002. Registration “There are quite a few MDL cases other courts regularly, as I do, recog- criminal lawyers — one a prosecutor and breakfast begin at 7:45 a.m.
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4 JUNE 2006 / BAR REPORTER Chancellor’s Forum Merit Selection Debate Eyes ‘Level Playing Field’ by Brian K. Sims lobbied for eliminat- The debate on merit selection of ing judicial judges and leveling the playing field elections for candidates drew scores of people to for years. a recent Chancellor’s Forum. “I’m not Panelists for the April 28 program speaking included Philadelphia Court of Com- out against mon Pleas Judge George Overton, state current Sen. Anthony Williams, state Rep. Mark judges,” Cohen and Lynn A. Marks, executive said director of Pennsylvanians for Modern Marks, “I blame the system.” She stress- Courts. ed that a premium needs to be placed Chancellor Alan M. Feldman’s on candidates’ qualifications and opening remarks focused on a bill pro- believes removing money from the posed in the state Senate by Williams system will not only improve the level that would amend the city’s constitu- Photo by Jeff Lyons of candidates but also will “remove the Lynn A. Marks (from left), Judge George Overton and state Sen. Anthony Williams were tion to provide for “merit based” selec- perception that justice is for sale.” among the panelists at an April 28 Chancellor’s Forum on judicial selection. State Rep. Mark tion of judges. Speaking on behalf of the current Cohen was also on the panel, which was moderated by Chancellor Alan M. Feldman. As Chancellor Feldman explained, election system were Judge Overton judges in Philadelphia County are Philadelphia and Delaware Counties, that indicate that the cost of running and Rep. Cohen. As Cohen explained, elected by voters. Recent debate has introduced Senate Bill 100 last summer, for judge in Philadelphia has risen over “the right people are making the deci- centered on the question of whether which calls for the creation of a 19- the last 20 years from less than $10,000 sion as to who the judges should be in such a system is racially and economi- member panel to oversee the screening to upwards of $100,000 today. Philadelphia. This right people are the cally biased. Merit based selection, on and appointment of Philadelphia Marks agreed. Her organization, electorate.” the other hand, would allow for a kind judges. Williams serves as the minority founded in 1987, is a statewide, non- Cohen, a Democrat representing the of appointment process in which a chair of the Senate’s State Government profit, nonpartisan organization found- 202nd District, was quick to point out bipartisan commission would screen Committee. ed for the purpose of eliminating parti- that the current election system avoids and evaluate candidates before they As Williams explained, “this is about san politics from the judicial system. the perception of cronyism and elitism are recommended for appointment. leveling the playing field” both racially Called “the mother of merit selection” in Philadelphia’s judicial system. Williams, a Democrat representing and economically. He cited statistics by Chan-cellor Feld-man, Marks has continued on page 20
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BAR REPORTER / JUNE 2006 5 15th Anniversary of the Public Interest Section Spend Day BAR FOUNDATION On Links, Aid Committee Expands Access Foundation to Justice for Disabled By Karen Detamore, Tom Prettyman to provide sign language interpreters. by Robert D. Lane Jr. and Jeffrey Campolongo Recognizing that the barrier exists and can be overcome, the U.S. Department The Philadelphia Bar Foundation’s The Bar Association’s Public Interest of Justice has interpreted the Americans 18th Annual Golf Classic will take place Section established the Legal Rights of With Disabilities Act as requiring that at the Philadelphia Cricket Club on Persons with Disabilities Committee to attorneys provide sign language inter- vices. In recent years, Philadelphia law Monday, June 26. expand access to justice for people with preters for their deaf clients at no addi- firms have been posting record profits. This is a great opportunity to have disabilities. tional charge to the clients in certain Salaries at major firms have skyrocket- fun while raising money for a very Compared to the community as a situations. Interpreters are expensive – ed. worthy cause. whole, people who are disabled tend to generally about $150 per appointment At the same time, there is a crisis in Think about it – it’s almost like get- have fewer resources, yet they have a – and the expense discourages attor- providing legal services to the poor ting a hall pass to play hooky for the greater need for legal services. The neys from complying with the ADA. and the disadvantaged. A recent study day: committee raises awareness among the To increase the deaf community’s reports that only one in five poor peo- • You’ll spend an afternoon out- bar and the community about legal access to legal services, LRPD proposed ple get the help they need in address- doors on a beautiful course (golfers of issues affecting people with disabilities creating a fund to offset some of the ing non-criminal legal issues. all levels and skills are welcome) and advocates for changes in the law costs for providing sign language inter- The Philadelphia Bar Foundation • You’ll have a chance to catch up and enforcement of existing laws to preters. On April 24, the Association’s provides funding to the organizations with friends and colleagues you don’t enhance the lives of this underserved Board of Governors approved a resolu- that work to provide this needed legal otherwise get to see population. Committee members come tion allocating $5,000 to reimburse help. We provide grants to organiza- • You can do some schmoozing if from government, private and public members for sign language interpreter tions like the Support Center for Child you choose interest practice. fees. The Association will reimburse up Advocates, or the Homeless Advocacy • You’ll have a great barbecue lunch, One of the priorities for the LRPD to $100 for sign language interpreter Project, or the SeniorLAW Center, and then an afternoon of golf, then enjoy a Committee in 2006 is increasing the fees per interpreter appointment. While 26 other worthy groups. Proceeds from delicious dinner and cocktail reception deaf community’s access to legal ser- reimbursement is available to all mem- the golf outing go to the Bar Founda- on the beautiful patio overlooking the vices. An enormous and obvious com- bers, it is intended primarily to benefit tion’s grantmaking funds. course. munication barrier prevents deaf peo- clients of solo practitioners, small firms, The golf outing is one of the biggest And it’s all for a great cause. How ple from accessing legal services. Often- public interest firms and pro bono vol- components of the Bar Foundation’s does it get any better than that? times deaf people cannot read lips or unteers. fund-raising plan. As attorneys, many of us make a cannot read or write. One of the ways “This resolution of the Bar Associa- very good living providing legal ser- continued on page 8 attorneys can overcome this barrier is continued on page 19
6 JUNE 2006 / BAR REPORTER Reporter Explains YLD’s June 9 Ethics Panel Health News Coverage Features Specter, Nutter by Jeff Lyons Brikman’s reports are aired U.S. Sen. Arlen twice a day. She does a Specter and Phil- The public’s mistrust of “Health Check” segment at 5 adelphia City lawyers and journalists is due p.m. and a roundup of the Councilman Mi- to some people having a bad day’s health news during the chael Nutter will experience with either or 11 p.m. newscast. be among the both, and it’s up to the media Brikman has done several panelists as the and the bar to dispel those stories where the law and Young Lawyers images, 6ABC medical repor- health issues have come to- Division presents ter Anita Brikman told a joint gether. “We have done a num- “Ethics in Gov- meeting of Bar Association ber of Health Check stories on Photo by Jeff Lyons ernment and Pol- Anita Brikman has worked at Specter Nutter committees. hospital errors and ways peo- itics” on Friday, 6ABC since 1994. Brikman, whose husband ple can reduce those risks. June 9. YLD Chair Michael B. Hayes. is a trial lawyer, spoke to a We’ve been following the ups ries that affect women be- The roundtable discussion, “We anticipate an informa- joint meeting of the Medical- and downs of hormone re- cause they’re the ones that part of the YLD’s 2020 lunch- tive and lively discussion of Legal and Bar-News Media placement and some of the tend to watch more news and time seminar series for young timely issues involving ethics Committees on April 21 about lawsuits that have followed,” respond to health news. Issues lawyers, will be held at the and government,” he said. her work as a medical she said. But her work gener- with back pain are always Pennsylvania Bar Institute’s Hayes will moderate the reporter. ally focuses on the health very well received. A lot of CLE Conference Center on the event, along with YLD Exec- “It’s all of our jobs to dispel benefits or side effects of a people are also interested in 10th floor of the Wanamaker utive Committee member Joc- those images and to let the particular drug. stories on alternative medi- Building. Lunch will be served elyn Gabrynowicz. The event public know that the common She said a decision was cine,” she said. at 11:30 a.m. and the panel is open to all members of the good is really at the forefront made at Action News to keep Brikeman joined 6ABC in discussion will begin prompt- Philadelphia Bar Association. of what we do,” she said. Brikman out of the coverage October 1994, as “Action ly at 12 p.m. and will conc- The first 50 members of the “For me, covering medical of the medical malpractice cri- News” medical reporter. lude at 1 p.m. A third panelist YLD to register for the event science and family issues, it’s a sis in Pennsylvania so it didn’t She came to Philadelphia will be named in the future. at philadelphiabar.org will great way to touch people’s appear as if the station were from WKEF-TV in Dayton, “The YLD is very excited to receive a free lunch. All YLD lives all the time. I feel very taking sides on the issue. Ohio, where she was the co- be able to present this round members after the first 50 and blessed that I’m not a general Brikman said the health anchor at 6 and 11 p.m. Before table discussion among prom- all general members of the assignment reporter, quite coverage is geared toward the that, she worked at various inent elected officials who Association who wish to pur- frankly, and covering fires and makeup of the audience. television and radio stations represent Philadelphia at a lo- chase lunch can do so for murders and things like that.” “We tend to focus on sto- in Indiana and Ohio. cal and national level,” said $7.50.
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BAR REPORTER / JUNE 2006 7 Hot Interview with Lisa Scottoline Web Site Expands Association’s Reach Best-selling author and attorney Lisa Scottoline by Kenneth Shear answers a question during an interview for a Bar I am pleased to take this opportuni- Association podcast on May PERSPECTIVES ty to write to the membership concern- 18 at the Ritz Carlton. Listen ing services to our members that we to “Hot Interviews with Very have made available to you here at the Cool People™” and a host Bar Association. If you turn to Page 3 in of other topics at philadel- this edition and read Chancellor Alan phiabar.org. Philadelphia Feldman’s column, I will quickly con- Bar Association podcasts cede that he has described, far better also are available online for than I ever could, what we have ac- free at the iTunes Music complished. Indeed, I concede that Al- store and Yahoo Podcasts. an has stolen my thunder. But, to con- tinue to mix the metaphor, he hasn’t taken the wind out of my sails just yet. When we envisioned this project we Photo by Mark A. Tarasiewicz I’d like to focus in on just one understood that this would be a never- aspect of what we’ve attempted to do ending work in progress. We have the GOLF some that would give your firm brag- here for you and with your Associa- capabilities with our new technology to ging rights over all the other firms in continued from page 6 tion. I’d like to talk about the improve- constantly add or subtract items of the city – your names will be engraved ments we’ve made with our newly interest and information critical to you In addition to having a great day on on the cup for all to see, year in and redesigned Web site. I hope you’ve had as you concentrate your area of prac- the course and to providing funds to year out! the chance to visit philadelphiabar.org tice. We’ve reserved areas of the Web important legal services organizations, We need you to come out to play and have seen for yourself how great site for our sections so that you can there is another reason you should with us. Please contact Melissa Engler the transformation has been. But the quickly get a glimpse of what is chang- come to the golf outing: Bragging at [email protected] or 215-238- site has undergone more than a physi- ing in your area of expertise. Because rights! This year we have a new award 6347 to make a reservation today. cal change. It is now taking on the bur- of the demands that have been placed – a cup that will go to the best four- den of being the focal point of our on our Communications Department some from a law firm. Talk about a lit- Robert D. Lane Jr., a partner at China Infrastructure communication efforts with you and by our sections and committees, you tle friendly competition! You and your Investment Partners LLC, is president of the Philadelphia Bar Foundation. your Association headquarters. continued on page 11 colleagues could put together a four-
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8 JUNE 2006 / BAR REPORTER More Than 800 Hit the Road in Annual Bar Run
Runners race down Martin Luther King Jr. Drive during the May 21 Charity Run. The event raised more than $100,000 for the Support Center for Child Advocates. For more photos from the event, visit philadelphiabar.org. Neill Clark raises his hand after finishing first in the 5K run.
Chancellor Alan M. Feldman (1) is joined by former Photos by Jeff Lyons Chancellors Andrew A. Chirls (1267) and Abraham C. Reich Amy Miller (left) and Emily Hajjar were fired up for their Stacy Creamer (172) was the first woman to finish the 5K. (2) before the May 21 Charity Run. first-ever 5K race.
BAR REPORTER / JUNE 2006 9 Judge A. Leon Higginbotham Jr. Memorial Public Interest Lecture Mfume to Speak at June 19 Quarterly Meeting by Beth Huffman
Kweisi Mfume, former president and Honors for Year Club Members chief executive officer of the NAACP and candidate for U.S. Senate in Mary- The Association will honor the E. Levy; Alfeo P. Libetti; Joseph R. land, will deliver the annual Judge A. new members of the its 50-, 55-, 60-, Livesey; Hyman Lovitz; John D. Leon Higginbotham Jr. Memorial Pub- 65- and 70-Year Clubs at the June 19 Lucey Jr.; Joseph Lurie; Paul Matzko; lic Interest Lecture at the Bar Associa- Quarterly Meeting and Luncheon. Erwin Miller; Paul N. Minkoff; Tom tion’s Quarterly Meeting and Luncheon Paul N. Minkoff, a former mem- P. Monteverde; Arthur H. Moss; An- on Monday, June 19 at the Park Hyatt ber of the Board of Governors and thony W. Novasitis; Sheldon Rappa- Philadelphia at the Bellevue. Assistant Secretary of the Associat- port; Edward Reif; Robert S. Robb- “We are delighted that Kweisi Mfu- ion, will speak on behalf of the hon- ins; Judge David N. Savitt; Arthur H. me, a five-term Congressman and for- orees. The following is a list of the Seidel; James L. Shea; Philip M. mer President of the NAACP, has ag- honorees for the June 19 event: Shiekman; Herbert Smolen; Joseph reed to be the keynote speaker for our 50-Year Club Smukler; George S. Stewart III; Sey- June Quarterly Luncheon,” said Chan- Paul C. Astor; Barton M. Banks; mour I. Toll; Roger M. Whiteman; cellor Alan M. Feldman. “He brings a Albert Bartolomeo; Philip E. Berens; William A. Whiteside Jr.; and Joan P. unique and important perspective to Judge Edward G. Biester; William H. Wohl. Kweisi Mfume the ongoing national debate about the Brown III; Meyer A. Bushman; Rud- 60-Year Club After serving five terms in Congress, preservation of civil liberties and indi- olph A. Chillemi; K. Robert Conrad; Donald Bean; Isadore H. Bellis; Mfume resigned in 1996 to take over as vidual rights in an era of heightened Judge Anthony J. DeFino; Carpenter Judge Curtis C. Carson Jr.; H. Myron the leader of the National Association concern about national security issues.” Dewey; Samuel Diamond; Russell C. Cohen; Harold Diamond; Austin M. for the Advancement of Colored A lifelong champion of individual Dilks; John C. Dorfman; William B. Lee; Michael C. Rainone; and Ronald People, a post he held for nine years. rights, Judge Higginbotham had a legal Eagan; Edward L. Edelstein; John S. Souser. He is credited with restoring respect to career that spanned nearly half a cen- Estey; Albert J. Feldman; Milton A. 65-Year Club the Association as well as instituting tury. Since Marian Wright Edelman, Feldman; Benjamin Fogel; Alvin H. Francis DeLone; Albert Konef- management and financial structures founder and president of the Children’s Freiberg; Jeremy E. Goldstein; Judge sky; Daniel Mungall Jr.; and George that led to an increase in endowment Defense Fund, delivered the first Hig- Bernard J. Goodheart; Bernard G. Ovington III. funds as well as a budget surplus. ginbotham lecture in 1999, notables Heinzen; David Kittner; Jan Z. Kras- 70-Year Club In March 2005, Mfume announced such as Juan Williams, Charles J. Ogle- nowiecki; Martin M. Krimsky; Louis Elwood S. Levy. his candidacy for the Senate seat cur- tree, Chaka Fattah and Cornel West rently held by Paul Sarbanes, who will have spoken. government of South Africa. Elected to of the Small Business Committee and retire this year after serving in the Mfume began his public service the U.S. House of Representatives for the Ethics Committee. He later chaired Senate since 1977. Mfume, a member of career in 1979 when he was elected to Maryland’s 7th District in 1986, Mfume the Joint Economic Committee of the the Democratic Party, seeks to become Baltimore City Council. During his served on the Banking and Financial House and Senate and during his final the first African American to represent seven years in local government, he led Services Committee, and held the term, he was the vice-chairman for Maryland in the Senate. the efforts to diversify city government, ranking seat on the General Oversight Communications. Mfume also served Tickets to the luncheon are $50 for improve community safety, enhance and Investigations Subcommittee. He as chairman of the Congressional Black Association members and $55 for non- minority business development and served as a member of the Committee Caucus, and as the Caucus’ chair of the members and can be purchased online divest city funds from the apartheid on Education and as a senior member Task Force on Affirmative Action. at philadelphiabar.org.
Philadelphia Bar Association June Quarterly Meeting and Luncheon Monday, June 19 at 12 p.m. at the Park Hyatt Philadelphia at the Bellevue, Broad and Walnut Streets.
• Featuring the Judge A. Leon Higginbotham Jr. Memorial Public Interest Lecture by Kweisi Mfume. • Honoring new members of the Association’s 50-, 55-, 60-, 65- and 70-Year Clubs.
Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Return to: and Luncheon. Tickets are $50 for members and $55 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: Credit card payments should be faxed to Bar Headquarters at (215) 238-1267.
10 JUNE 2006 / BAR REPORTER In Their Own Words Veteran Lawyer CLS Breakfast of Champions is ‘Still Around’ by Paul N. Minkoff
At a recent reception, I was greeted with “Oh! Are you still around?” It was a friendly, casual greeting and, as a matter of fact, is one that I had heard before and I didn’t think much about it. But when Chancellor Alan Feldman invited me to
respond on behalf of our Photos by Jeff Lyons members who have Chancellor Alan M. Feldman (left photo, from left) and Catherine C. Carr, executive director of Community Legal Services, pre- been at the Bar for more sent CLS’ Champion of Justice Award to Barbara T. Sicalides at the CLS’ Breakfast of Champions on May 10. Philadelphia Court than 50 years, that greet- of Common Pleas Judge C. Darnell Jones II (right photo) was the keynote speaker at the event. CLS presented Equal Justice Paul N. Minkoff ing took on a different Awards to Deborah L. Freedman, managing attorney of the Family Advocacy Unit at CLS; Langer & Grogan P.C. attorneys Howard perspective and offered me an opportunity I. Langer, John J. Grogan and Edward Diver; Thomas Burke, intake paralegal at Philadelphia Legal Assistance; and Renee to reflect on our profession over these past Reese, intake paralegal at CLS. 50 years. There have been significant and dramatic changes in the practice of law since 1956. The “mega law” firms of 50 or more lawyers Attorney Aids in Kosovo Democracy of that era have been replaced by firms of by Asima Panigrahi partners from other lating and drafting the 500-plus lawyers with substantial support Piper offices. law on the prosecutor to services. Not only are these firms practicing While much news coverage has After the NATO provide for effective law, but they have adjunct business activity been devoted to the fight to instill bombing campaign organization and over- that enhances their presence in a broad democracy in Iraq, Philadelphia drove the Serbs out of sight, training, and dis- array of business and civic activity. attorney Eric M. Henry of DLA Piper Kosovo in 1999, the gov- cipline of the prosecu- My personal experience has been with a Rudnick Gray Cary has been involv- ernment transitioned to tors. The idea was that small personal injury firm these past 50 ed in a similar mission in Kosovo the control of the DLA Piper could gather years and it is difficult for me to perceive that has not received as much atten- “United Nations Interim direction from local how to structure a practice that has the tion. Administration Mission advisory groups and magnitude that we see in the profession When Piper Rudnick merged with in Kosovo.” In accor- draft these new laws in today. DLA and the Gray Cary firm in dance with one aspect conjunction with inter- I suppose the most substantial change January 2005, the firm’s greater inter- of the United Nations’ national standards from has been in the technology area and its national brought with it a desire for goal of facilitating func- an unbiased perspec- impact on the nature and method of main- increased international pro bono tional autonomy for the tive. Henry worked pri- taining a practice. It is a long way from The Eric M. Henry efforts. The firm formed a new non- war-ravaged province, marily on the law of the Decennial Digest and the Index of Legal profit organization called the “New the establishment of an effective jus- prosecutor. Periodicals that one took off the library shelf Perimeter” and elected to donate tice system in Kosovo was made a During this process, Henry, along and turned page after page looking for the $13,000 worth of billable time solely top priority. with several other DLA Piper attor- supporting case on a point at issue. Today, a to international pro bono projects. DLA Piper began their involve- neys, traveled to Kosovo during 2005 few keywords, a computer and the response There was a selection process where- ment with this project in January and met with representatives from seems to be almost immediate. I often won- by attorneys interested in working 2005, working in conjunction with the United Nations, the European der whether the touch on a keyboard is as on three specific projects had to sub- the National Center for State Courts Union, the U.S. Department of Justice, satisfying as reading and turning pages. mit an application, and an advisory and U.S. Agency for International the Prosecutor’s Office, the Assembly, Our Association has made considerable committee would then decide how to Development. Their undertaking the court system and members of advancements from 624 City Hall Annex to staff each project. Henry submitted involved two major projects: first, several “non-government organiza- our present location at 1101 Market St. This an application for the “Kosovo Law assisting in drafting a law on the tions,” including the U.S. Agency for has afforded the Bar the opportunity to Reform Project” and was chosen courts in cooperation with a local International Development and the become a major force in the economic, along with three associates and four advisory group and second, formu- continued on page 21 political and social structure of this now vibrant city. And for this we owe our thanks to the leadership of the Association these PERSPECTIVES meetings where guest speakers have We must maintain our traditional past 50 years. I had the privilege of serving been invited and quarterly meetings. leadership position, utilizing the continued from page 8 as a member of our Board of Governors for Our “Hot Interviews With Very Cool most modern and efficient technolo- three years as well as Assistant Secretary and have already noticed that our Bar People™” provides an opportunity to gy tools at our disposal. You, as our Secretary for an additional six years. I can Reporter Online expanded from Mon- listen to popular individuals having lifeblood, deserve nothing less than attest to the challenges that our leadership days to now include Thursdays as a conversation with the Association. an Association that remains at the faced and the support by the professional well. With that expansion, the Bar We hope by the end of this fall to cutting edge in delivering services staff of the Association that provided the Reporter Online works completely in bring up another new section that and benefits that aid you in being a resources that have made this an outstand- tandem with our Web site in promp- would provide up-to-the-minute full Philadelphia lawyer. We will ing Bar Association. ting you to simply register for any information about legislation that the continue to expand this Web site and In responding on behalf of the Class of event that you might find appealing. Association, or any of its compon- we look to you for your comments 50 and beyond, being “still around” is the We have just come online with ents, is following. Moreover, we hope and criticisms as we continue to take type of recognition that we sincerely appre- the new podcast section of our Web to provide you with the ability to advantage of this new and expanded ciate. site. This area will give you the op- communicate instantaneously with communications format. portunity to download at your con- our representatives at either the fed- Paul N. Minkoff is a partner with Klovsky, Kuby and Harris. eral, state or city levels. Kenneth Shear is the executive director of the venience committee and section Philadelphia Bar Association.
BAR REPORTER / JUNE 2006 11 Volunteers Make Law Week a Success by Michael B. Hayes
This article is dedicated to the doz- ens of young Philadelphia lawyers, YLD UPDATE from every walk of the practice, who came together during the first week of May to give something back to the community and our profession. Nearly 50 active members of the YLD volun- teered their time, energy, legal acumen and enthusiasm to help make Law
Week 2006 a resounding success. Photo by Agatha Lambris As many of you know, the first Brian Chacker of the YLD Executive Committee is joined by comedians Christian Finnegan week of May is Law Week in Philadel- (left) and Anton Shuford (right) at YLD Comedy Night on May 6. The event, held at the Academy of Natural Sciences, raised more than $21,000 for the Philadelphia Bar phia. During Law Week, the YLD coor- lications, list serve e-mails, handshakes Foundation. For a photo gallery from YLD Comedy Night, visit philadelphiabar.org. dinates and runs a series of community and telephone calls – to get the word outreach and service programs design- out and solicit volunteers. And respond On May, the winner of the annual offer free legal advice to the public at ed to bring the law to the people by our membership did – with some Edward F. Chacker Essay Contest – the May 3 Law Fair. As our volunteers educating the public about our profes- young lawyers volunteering to take Bernice Jean-Louis of Northeast High can surely attest, the Law Fair was very sion. part in not just one, but two, three or School – read her winning essay on the well received by the public, with scores During the past several months, four of our community outreach pro- topic of kids mentoring kids to a rapt of people sitting down with a young YLD Executive Committee members grams throughout Law Week. audience at a naturalization ceremony lawyer to discuss their legal problems and the Bar Association staff have Young lawyers trekked out in in U.S. District Court. That same day, and receive free legal advice and assis- spent countless hours coordinating groups of three or four to elementary the YLD announced the winners of the tance. Law Week programs and events. All of and secondary schools all over the city “My World, My Freedoms, and My Re- The annual Lawyer for a Day pro- you deserve credit for your hard work as part of our Lawyer in the Classroom sponsibilities” poster contest. Winners gram was held May 5, during which and dedication. Without your efforts, program. Volunteers gave up their time of the essay and poster contests recei- young lawyers escorted small groups of there would have been no Law Week. to speak with young people in the ved significant monetary awards to as- high school students from the city’s Once our Law Week events were schools, answer their questions about sist in furthering their education. public, private and charter schools to selected, developed and coordinated, the practice of law and, in the process, More than two dozen young attor- observe real, live courtroom proceed- the YLD Executive Committee reached inspire the next generation of young neys descended on the atrium at the ings in the Court of Common Pleas and out to the membership – through pub- Philadelphia lawyers. Gallery at Market East in Center City to continued on page 18
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12 JUNE 2006 / BAR REPORTER a DayeventonMay5. reporter LoriWilsonposebeforespeakingtostudentsattheLawyer for Former LaSalleUniversityandSixersplayerDougOverton NBC10 Learning CenterataLawyerForDayeventonMay5. Volunteer attorneyDaraLovitz(third fromleft)preparestovisitacourtroomwithstudentstheFranklin Nearly 25volunteersofferedfreelegaladviceattheevent. atMarketEastonMay3. ing theLawFairatGallery Attorney JenniferL.Saffordlistenstoalegalquestiondur- Lawyers Reach OuttoHelpDuringLaw Week A EOTR/JN 0613 BAR REPORTER /JUNE2006
Photo by Jeff Lyons sion wasstaffedbymembersoftheYLD. phone callduringtheMay3LegalLinesession.Theses- ExecutiveCommitteetakesa Shawane LeeoftheYLD
Photo by Jeff Lyons (right) presidedattheevent,where98peoplefrom32nationsbecame thenewestAmericans. R.Padova a May1naturalizationceremony, sponsoredbytheBarAssociation.U.S.DistrictCourt JudgeJohn JohnE.Savoth addressesnewAmericancitizensaftertheytooktheoathofcitizenshipat Association Secretary
Photo by Jeff Lyons Day onMay4attheCriminalJusticeCenter. MaddoxwereamongthespeakersatJurorAppreciation outfielder Garry Benjamin Franklin(portrayedbyRalphArchibald)andformerPhillies
Photo by Virginia Gutierrez ing her winning Law Week Essay Contest entry onMay1. ing herwinningLawWeek EssayContestentry talks toformerChancellorEdwardF. Chackerbeforeread- Bernice Jean-Louis,asenioratNortheastHighSchool,
Photo by Jeff Lyons Photo by Jeff Lyons Photo by Jeff Lyons FORUMS posts. Members can edit a post for only a limited time continued from page 1 after it was made by clicking their comment or question in the edit button for the post. A the “Message Body” field. For post cannot be deleted once example: someone has replied to it. “A and B own real estate The Forums feature a text together. They are not hus- editor that allows users to en- band and wife. B owns a cor- hance their text through the poration with C (who hap- addition of bold, italics and pens to be A’s husband). D other options. Additionally, loaned money to the corpora- Web hyperlinks can be added tion. B transfers his interest in easily, as well as emoticons the real estate to A in exchan- (“smilies”) to express emotion. ge for paying back D. Can the When reviewing new top- satisfaction of a debt to an- ics, the user can click on the other serve as adequate con- poster’s username at any time sideration for a real estate to send him or her a Private transfer?” Message that can be retrieved Another Section member by clicking the envelope icon might post a response that on the main navigation. Post- says: “My intuition says ‘yes,’ ers who elect to have their e- and you can cite X case to mail address visible can be e- support the position.” mailed directly. Clicking on This initial post and reply the e-mail icon automatically constitute a “thread” on the opens the user’s e-mail client. topic that is stored on the site The Discussion Forums for future reference. The also include a “Memberlist” Discussion Forums have been created for members of every Section and the Young Lawyers Division. Forums thread can grow to include button in the main navigation will soon be launched for the Association’s Committees, as well as Committees within Sections. other individuals responding that reveals a list of all of the current forum memberships, to the first post or beginning forum members. The user can as well as forums to which For More Information For more information about the Bar Association’s new Discussion a thread of their own. sort the list by username or e- they do not belong (with the Forums, visit the forum Frequently Asked Questions (FAQ) section, or The Discussion Forums are mail address to make finding ability to request membership contact Brett Schaeffer, Web editor, at 215-238-6342 or a bulletin board system (BBS), a particular member easier, as from the Forum administra- [email protected] or Mark Tarasiewicz, director of new media a Web-based tool that allows well as by categories such as tor) and a list of their pending and publications, at 215-238-6346 or [email protected]. users to share and exchange joined date, location, total memberships. messages or other files. posts and top 10 posters. In In the “Profile” section of Documents and photographs this area, users also can click the main navigation, users block of text that can be cation of a new Private Mes- also can be posted to the on the “Private Message” icon can choose to always have added to posts with a 255- sage; request a pop-up win- Discussion Forums, and poll to send a private message, or their e-mail address visible; character limit. dow on a new Private Mes- questions can be created. click on the username to send list their America Online In- The Profile section also al- sage; always attach their sig- Postings can only be acces- a regular e-mail as described stant Messenger, Microsoft lows users to hide their online nature; always allow BBCode sed by other members of your above. Network Messenger and Ya- status; request automatic e- (tags with square braces rath- Section or the YLD. By clicking on “User- hoo Messenger addresses, mail notification when some- er than < and > ); always Forum members can only groups” in the main naviga- Web site, location, occupation one has posted a reply to allow HTML; and always edit and delete their own tion, members can see their and signature, which is a their message; receive notifi- enable smilies.
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