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October 2002 The Monthly Newspaper of the Philadelphia Bar Association Vol. 31, No. 10 Justice Nigro to Rec e i v e Bar’s Bo a r d Distinguished Jurist Awa r d OKs 23

by Jeff Lyons Pro Bono

Pennsylvania Supreme Court Justice Russell M. Nigro will receive Me a s u r e s the Association’s William J. Brennan Jr. Distinguished Jurist Award at the by Jeff Lyons Association’s Quarterly Meeting and Luncheon on Tuesday, Oct. 15. The Board of Governors has unani- Justice Nigro is a Philadelphia mously approved 23 resolutions from a native and a graduate of South set of more than 60 recommendations Philadelphia High School and Temple offered by the Association’s Pro Bono University. He received his J.D. from Task Force. Rutgers University Law School in “This is truly a document this 1973. Association can be proud of,” Immediately after graduation from Chancellor Allan H. Gordon told the Rutgers, Justice Nigro opened a Board after its vote at the Sept. 26 neighborhood practice in the com- meeting. “I want to thank and comple- munity in which he was raised. After ment (Chancellor-Elect) Audrey Talley 14 years of private practice, he was and her committee for the enormous appointed to the Philadelphia Court amount of work they did. I also want of Common Pleas by Gov. Robert P. to thank Sy Kurland, Aretha Delight Casey. In 1987, Justice Nigro was elect- Davis and Lou Rulli for their efforts ed to a full 10-year term. with the task force.” Justice Nigro’s tenure in Common The Board received the Task Force’s Pleas Court was spent in both the recommendations in June. At that time, Criminal and Civil trial divisions. Gordon created a committee, led by While on that court, he instituted Talley, to examine the Task Force’s numerous programs that helped report and come back with a list of rec- improve the efficiency of the court ommendations. system. He served as chairman of the The resolutions included the follow- staffing committee and designed and ing recommendations: implemented the Arbitration Appeals continued on page 4 Program, disposing of nearly 5,300 Pennsylvania Supreme Court Justice Russell M. Nigro will receive the Association’s cases. He was elected to the William J. Brennan Jr. Distinguished Jurist Award at the Association’s Quarterly Meeting Pennsylvania Supreme Court in In This Issue ... and Luncheon on Tuesday, Oct. 15 at the Park Hyatt Philadelphia at the Bellevue. November 1995. 3 Quarterly Meeting Justice Nigro has been a frequent Institute and the Pennsylvania Trial er at Temple University James E. lecturer on civil law for the Lawyers Association. He has also Beasley School of Law, teaching intro- 7 Bar Foundation Pennsylvania Bar Institute. He has taken part as a jurist in many region- duction to trial advocacy. participated in ethics seminars spon- al moot court competitions. U.S. Supreme Court Justice William 12 Electronic Courtroom sored by the Pennsylvania Defense Additionally, he has been a lectur- continued on page 14 15 Candidates Forum

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It’s Time to Change Judicial Elections

by Allan H. Gordon overall, that’s still an abysmally small choosing appellate judges and asked percentage. What’s more, two focus the state Legislature to act on a consti- I don’t have to remind you that groups of actual judicial voters were tutional amendment that would set the election time is near. F R O N T L I N E interviewed and it was found that wheels in motion to change the system. You read the newspapers, watch the “none of them could remember the Now, thanks in part to the fine work of news and hear and see all the political name of the last person who received Pennsylvanians for Modern Courts, ads on radio and TV. But most of all, their vote for a judgeship.” Their lack of both major party gubernatorial candi- you know that Election Day is near knowledge was best expressed by one dates have come out in favor merit because you’re solicited for contribu- participant who said, “I have too much selection as well. If the General tions from the political parties and the going on in my life to remember a Assembly eventually approves a con- candidates. judge.” stitutional amendment in two succes- Well, be thankful for small favors. I do not relate this in a critical or sive sessions, it will then go on the bal- At least there are no judicial con- judgmental way. Most people are good lot and the voters will be able to say tests this year. That will come next year. judges in primary and general elec- citizens. Most people are fairly well- “yes” to appointing the state appellate Once again, Pennsylvania will go tions. Nor do they realize that we are informed. Most people want democra- judges based on merit. about the business of electing judges. one of only a handful of states that still cy to work. Most people are concerned As Gov. Ridge said before he left Candidates will convene fund-raisers, elects judges. and they want to be involved in the office, “The federal government and 27 run ads, send out mailings and even Not too long ago, Philadelphia’s issues of the day. They really do feel a states have shown that appointing distribute Election Day cash in the Committee of Seventy conducted a stake and a sense of ownership - a judges works.” For more than 40 years hopes of gaining a seat on the bench. survey that found that among sense of responsibility. the Philadelphia Bar Association has And once again, most Pennsylvania’s 14 largest counties, only But issues are complex. Candidates favored this change. We believe in Pennsylvanians will opt out of the about 13 percent of the voters had are numerous. And Philadelphia’s bed- merit selection. whole process. voted in at least three of the previous sheet ballot is daunting. But we recognize that this is not a The simple fact of the matter is that four judicial elections. Even when tak- Before he left office, Gov. Tom quest for the short-winded. We may be most people in Pennsylvania do not ing into account today’s generally dis- Ridge threw his support behind a new somewhat closer to getting the changes even know that we elect all of our appointing level of voter participation non-elective, merit selection system of that we seek but they aren’t about to actually happen anytime soon. There will be a new governor next January Video Offers Practical Tips on Marketing continued on page 6

Law firm marketing doesn’t have to grant from the American Bar have. be complicated. Association, reveals valuable marketing • How you can turn your own That’s the message of a new self- secrets, such as: accomplishments into an advertise- help video available from the Phila- • How to maintain a quick and ment for your firm. delphia Bar Association. The new easy-to-use contact list. • Why you need to make client Editor-in-Chief video, featuring law firm marketing • Where to network for best market- referrals pay off in more ways than Bruce H. Bikin, Esq. director Pamela McCarthy of Klehr, ing results. one. Associate Editors Harrison, Harvey, Branzburg & Ellers • How to take maximum advantage • Where you will encounter the Glenn F. Rosenblum, Esq. LLP, contains effective, proven market- of everyday marketing vehicles you stumbling blocks that will lead to mar- Molly Peckman, Esq. ing tips for use by solo and small firms may be overlooking. keting failure and how you can avoid Sunah Park, Esq. Nina Wright-Padilla, Esq. as well as larger firms. The 85-minute • Why you need to build your mar- them. program, produced with the help of a keting base with assets you already • How to minimize the time you Contributing Editor spend on marketing efforts and maxi- Richard Max Bockol, Esq. mize results. • What “value added” really means Advisory Editors Merih O. Erhan, Esq. and how to make it work for you. Marc Reuben, Esq. • How to develop a marketing plan and keep it viable as circumstances Director of Publications and New Media Mark A. Tarasiewicz change. • Why certain direct mail efforts and Managing Editor “cold” contacts are often a waste of Jeff Lyons time. Copy Editor According to Richard F. Furia and Kate Maxwell Joseph A. Prim, co-chairs of the Associate Executive Director Association’s Solo and Small Firm for Communications and Public Affairs Management Committee, the video is a Daniel A. Cirucci “bread-and-butter, practical roadmap Executive Director to marketing that contains good ideas Kenneth Shear for law firms of all sizes.” The Philadelphia Bar Report e r (ISSN 0145-3491) is Furia and Prim noted that through published monthly and available by subscription for $45 per year by the Philadelphia Bar Association, 1101 the efforts of the ABA the Association is Market St., 11th fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POST- now able to make the video available M A S T E R : Send address changes to Philadelphia Bar to members “virtually at cost” for R e p o rt e r, c/o Philadelphia Bar Association, 1101 Market St., 11 fl., Philadelphia, Pa. 19107-2911. $14.95 including shipping and han- Telephone: (215) 238-6300. Association Web site: dling. To obtain a copy of the video, 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 send a check for $14.95 payable to the expressed in the Philadelphia Bar Reporterare not nec- essarily those of the Association, its officers, or its Philadelphia Bar Association to “Mark- members. Advertising rates and information are avail- eting Video”, c/o Philadelphia Bar Ass- able from American Lawyer Media, 1617 JFK Blvd., Suite 1750, Philadelphia, Pa. 19103-9655. Telephone: ociation, 1101 Market St., 11th floor, (215) 557-2300. Philadelphia, Pa., 19107-2911.

2 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:58 AM Page 3

Quarterly Meeting Celebrates Women as Leaders

by Jeff Lyons O’Connor Award is site, www.philadel- In 1970 she entered Villanova Law presented annually phiabar.org. School, graduating in 1973. She has The Philadelphia Bar Association to an outstanding Greenlee is a worked at the Defender Association of will celebrate women as leaders at the woman attorney in lifelong resident of Philadelphia as a staff attorney, super- October 15 Quarterly Meeting and the Philadelphia Philadelphia, edu- visor, first assistant defender and, for Luncheon with the presentation of the area by the cated in its nearly 12 years, as the chief defender. Sandra Day O’Connor Award to Ellen T. Association’s parochial schools Greenlee has held several positions Greenlee, chief defender of the Women in the and a graduate of within the Bar Association. She was a Defender Association of Philadelphia. Profession Greenlee von Seldeneck Chestnut Hill member of the Board of Governors in Judith M. von Seldeneck, chair of Committee. College. There she 1998. She has been on the Executive the Greater Philadelphia Chamber of Tickets to the Quarterly Meeting was selected as a Fulbright scholar for Committee of the Criminal Justice Commerce and chief executive officer and Luncheon are $40 for Bar study in France. Section since 1990, serving as Section of The Diversified Search Companies, Association members and $45 for non- She taught French, Spanish and chair in 1997. She has also been a will deliver the keynote address at the members. English for five years in the Clifton member of the Judicial Commission luncheon, which begins at noon at the You can register for the event by Heights, Delaware County, school dis- since 1990. Park Hyatt Philadelphia at the Bellevue, faxing the ticket order form below to trict. Thereafter she worked as a public She served as president of the Broad and Walnut streets. Bar Association headquarters, or you relations assistant in the International National Legal Aid and Defender Named in honor of the first woman can order your tickets online with a Division of Smith Kline Laboratories in Association from 1994 to 1997 and was to serve on the U.S. Supreme Court, the credit card at the Association’s Web Philadelphia. continued on page 4

Philadelphia Bar Association Quarterly Meeting and Luncheon Tuesday, October 15 at Noon at the Park Hyatt Philadelphia at the Bellevue • Featuring Keynote Speaker Judith M. von Seldeneck • Presentation of the 2002 Sandra Day O’Connor Award to Ellen T. Greenlee • Presentation of the 2002 William J. Brennan Jr. Distinguished Jurist Award to Pennsylvania Supreme Court Justice Russell M. Nigro Re t u r n to: Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Quarterly Meeting and Luncheon. Tickets are $40 for members and $45 for non-members. Checks should be Philadelphia Bar Association made payable to the Philadelphia Bar Association. 1101 Market St., 11th fl. Philadelphia, Pa. 19107-2911 Name: 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.

Representation, Consultation and Expert Testimony in Matters Involving Ethical Issues and/or the Rules of Professional Conduct

Schwartzman & Associates, P.C. 1760 Market St., 12th Floor Phila., PA 19103 (215) 563-2233

Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania; Former Chairman Continuing Legal Education Board of the Supreme Court of Pennsylvania; Former

BAR REPORTER / OCTOBER 2002 3 OCT PBR 10/10/02 10:58 AM Page 4

Business Law Section Pro Bono Plan Targets Transactional Att o r n e y s

by Jeff Lyons One of the keys will be promoting lawyer expertise and, by offering sound the availability of the program to those legal advice and counseling, business For more information The Business Law Section has devel- in need. Philadelphia LawWorks has lawyers can help these entities better • Contact William J. Woodward Jr. at (215) oped a program to expand pro bono designed an application form that will serve their own constituencies.” 204-8984 or Roberta Desio at (215) 751- opportunities for transactional lawyers be distributed to many of the region’s The program has not officially 2006 to learn more. and business. The program, Philadel- legal services agencies. Woodward said begun soliciting lawyers to take cases, phia LawWorks, is expected to begin that when clients come looking for but Woodward expects many attorneys and its sponsorship has helped bring operations in November, offering legal legal help that a given agency cannot to sign up. “We’ve heard from some of the idea to fruition. assistance to small nonprofit groups provide, a completed application form the city’s law firms that there are many “While the program will begin with and small businesses. will be forwarded to Philadelphia VIP, lawyers that want to be a part of some- a modest number of cases, the number “There’s very little of this kind of which will then work to match an thing like this. We may well initially of cases the program eventually will pro bono work in this city,” said attorney with the client. “The system have more lawyers than we know what handle is unknown. New York City has William J. Woodward Jr., a Temple will have multiple intake centers, and if to do with. But the odds are pretty programs like this and it handles many University James E. Beasley School of the paper flows the way that it should, good that, as the availability of these hundreds of cases a year.” Philadelphia Law professor who helped put the pro- it should work out pretty well.” services becomes more widely known, is smaller but, with its long tradition of gram together. Woodward said there are scores of a larger client base will develop.” strong public service from the Bar, “There are a lot of things that busi- small enterprises and not-for-profits Woodward is a member of the there may be no upper limit to the ness lawyers can do as volunteers and that need legal advice. “They want to American Bar Association Business Law number of cases we can take, there’s a lot of need for business law incorporate, hire people, comply with Section Pro Bono Committee and noted Woodward said. legal services in our community. There environmental restrictions, minimize that other cities have had programs The program will kick off in are many nonprofits that could do a their tax liability, borrow money, buy like this in place for 10 years. The November with an open reception for much better job if they had business property or lease space, and so on. Philadelphia Bar Association’s Business those interested in business law pro lawyers helping them out,” he said. These are traditional areas of business Law Section found the idea worthwhile bono work.

BOARD bono matter per year, unless there are assess the response of the legal com- Association and the Philadelphia Bar restrictions based on their employ- munity to unmet needs of the poor Foundation. continued from page 1 ment, in which case they would be and disadvantaged. • Increase the leadership role of • The pursuit of all avenues that required to demonstrate alternative • Develop opportunities in which Philadelphia’s large and mid-sized ensure pro bono service becomes a support. legal assistants, paralegals and legal firms in pro bono participation. fundamental and integral aspect of • Fully embrace Philadelphia secretaries can be involved in the pro • Increase the participation of solo being a member of the Philadelphia Volunteers for the Indigent Program bono delivery of legal services and and small firm practitioners. Bar Association. and approve the funding of VIP based propose other mechanisms by which • Urge the increased participation of • The adoption of a 50-hour aspira- on its needs and other relevant criteria. other organizations can engage para- corporate legal departments. tional standard for pro bono participa- • Encourage large and mid-sized professionals in pro bono participation. • Participation of the judiciary in tion. law firms to support pro bono. • Recognize and publicly honor encouraging pro bono participation. • The further study of mandatory • Coordinate the development of a area law students who have provided • Increase the leadership role of the reporting of pro bono hours. mechanism for the annual reporting of more than 100 hours of uncompensat- legal service agencies. • Initiation of discussions with the pro bono participation by law firms. ed and non-credited legal services to • Increase law school participation Pennsylvania Supreme Court and the • The Board of Governors will the needy. in pro bono services. Continuing Legal Education Board to annually devote a meeting to discuss • Support of the leadership of the • Streamline the public’s access to award CLE credit for pro bono repre- the state of pro bono in Philadelphia. Philadelphia Bar Foundation. pro bono legal services. sentation in new areas. • Ask the chair of the Survey • Support of the leadership of • The Board will receive a status • Request the implementation of a Committee to develop questions on Philadelphia VIP. report within six months on the bylaw that requires members of the future surveys regarding the pro bono • Strengthen and encourage joint progress of the implementation of the Board of Governors to handle one pro delivery of legal services designed to initiatives by the Philadelphia Bar recommendations.

QUARTERLY 10 years in Washington, D.C., and named woman of outstanding achieve- Association of Executive Search attended law school in the evening at ment by the Philadelphia Women’s Consultants (AESC), AAA Mid-Atlantic, continued from page 3 American University College of Law. Network. and The Committee of 200. the group’s vice president from 1992 to Von Seldeneck was chosen as one of Von Seldeneck has been active for Von Seldeneck was also founder of 1994. She also belonged to the the top 10 executive search recruiters many years on boards of directors of the Forum of Executive Women more Association’s Defender Committee from in North America and has received a both corporate and not-for-profit enti- than 20 years ago, which today is the 1989 to 1994. Greenlee is also a mem- number of awards, including the 2000 ties. Some of these include Citizens largest association of women business ber of both the Pennsylvania and Civic Leadership Award by the League Bank of Pennsylvania, The Hyde School leaders in the Delaware Valley. National Association of Criminal of Women Voters of Pennsylvania, the (current chair of the Board), The Tasty Throughout her career, von Seldeneck Defense Lawyers. Eleanor Raynolds Award for excellence Baking Company, International has served on task forces for various In addition to volunteer activities in executive search presented by the Women’s Forum and The Caron Philadelphia mayors, including the involving the law, she serves on boards Association of Executive Search Con- Foundation. Her previous Board mem- Mayor’s Small Business Advisory dealing with problems of homelessness sultants (AESC), and the Greater Phila- berships include The First Union Council. She has also been a trustee of and prison conditions. She is a found- delphia Chamber of Commerce’s Para- Regional Foundation Board, The her alma mater, the University of North ing member of the Board of New digm Award for the top woman in CoreStates Financial Corporation, Carolina at Chapel Hill. Directions for Women. She’s also been business and leadership in the com- Meridian Bancorp, The Zoological She was born in High Point, N.C., involved with People’s Emergency munity. Society, WHYY Television, The Private attended St. Mary’s College in Raleigh, Center and the Community Women’s She also received the National Industry Council, The Greater Philadel- and graduated with a B.A. in political Education Project. Women’s Economic Alliance and phia First, Philadelphia Economic science from the University of North Prior to starting Diversified Search, Directors Resource Council for the Development Council, Fellowship Carolina at Chapel Hill. She lives in von Seldeneck was executive assistant Directors Choice Award for her service Commission, BLOCS, the Urban Affairs Chestnut Hill with her husband, Clay, to Vice President Walter F. Mondale for on public company boards and was Partnership, The Glaucoma Foundation, and two sons, Rodman and Kevin.

4 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:58 AM Page 5

Co m p ensation OK’d, Photo IDs Opposed by Board

by Jeff Lyons was proposed as a result of state was printed on it. “It says right here, Community Legal Services, called the Senate Bill 824. Tsiwen Law, chair of the ‘not proof of right to vote.’ “ legislation a “noxious, heavy-handed The Board of Governors unani- Public Interest Section and sponsor of Law said younger, elderly, indigent, bill. It’s a poll tax for many people.” mously approved at its Sept. 26 meet- the resolution, said the proposal cre- homeless and disabled voters are less “This will heavily impact the elderly ing a resolution calling for fair hourly ates an additional barrier in the right likely to have a valid drivers license and the disabled. These are the people rate compensation of court appointed to vote. issued by the Department of who can least afford this extra expense counsel in dependency proceedings Law held up his voter registration Transportation. of getting a photo I.D.,” Law told the and a resolution opposing a state card before the board and read what Jonathan M. Stein, an attorney with Board. Senate bill that would require voters to produce photo identification in order to cast ballots. The dependency compensation res- olution was sponsored by the Family Law Section with support from the Public Interest Section. Family Law Section chair Margaret Klaw told the Board dependency hearings are “very serious, very complex cases. They often involve the physical, sexual and emo- tional abuse of children.” “These cases are very time consum- ing. There are many, many hearings and lots of field work involved,” Klaw said, adding the average dependency case lasts 3.9 years while some can go on for 10 years or more. In July, Klaw said the First Judicial District proposed an increased in fees for court-appointed counsel. Attorneys would receive $600 for the first year of representation and $300 for the second year. From the third year on, counsel would receive $60 per hearing, with a maximum of two hearings per year. “This is still a terribly inadequate way to compensate counsel,” Klaw said. “Counsel need to be paid hourly. This is the norm in Pennsylvania. Fifty-four counties in Pennsylvania pay their court-appointed counsel by the hour. Paying a flat fee doesn’t do anyone jus- tice.” Board member Robert W. Meek pointed out that the First Judicial Dis- trict is bound by the amount of fund- ing given by the city administration. “The city administration and city council need to be lobbied. The First Judicial District is on our side with this,” Meek said. In a letter to Board Chair Jeffrey M. Lindy, Common Pleas Court President Judge Frederica A. Massiah-Jackson explained how funds for court- appointed counsel were dispersed. She pointed out that the city’s allocation for fees for court-appointed counsel was to increase to nearly $9.2 million for fiscal year 2003-2004, an increase from the $7.7 million budgeted in fiscal year 2002-2003. The resolution calls for compensa- tion of attorneys at fair and reasonable hourly rates, at an appropriate rate that allows counsel to provide adequate and effective assistance to children and families. The resolution also directs the Chancellor to meet with the city administration to seek implementation of a new compensation program. The voter identification resolution

BAR REPORTER / OCTOBER 2002 5 OCT PBR 10/10/02 10:58 AM Page 6

Use 9-11 Memories to Make World a Better Place

by Bruce H. Bikin news coverage about the attack on the Middle East, the spawning ground for Pentagon. No video clips of planes div- these attacks and the religious fervor We recently commemorated the ing into buildings like guided missiles; that drove them, are more troubling one-year anniversary of the Sept. 11 C O M M E N T A R Y no flames, no smoking collapse; no one than ever. We bombed Afghanistan attacks that included network televi- jumping to their death. We did not from the Stone Age into the dustmote sion coverage of the events, their after- witness the Pentagon attack nearly as age and routed the Taliban, but who math and the future. Throughout each personally as we did the World Trade knows what happened to bin Laden? broadcast, I had the nagging sense that Center attacks. The same can be said of Palestinians danced in the streets when I could not quite get a handle on what the Oklahoma City bombing. We saw they heard the news of the attacks. they were commemorating. The Alamo, only the aftermath, not the actual Suicide bombers routinely walk into Gettysburg, Pearl Harbor and D-Day events. crowded Israeli markets and explode are all remembered for the bravery of This vicarious observation of the themselves. There is talk of war with the warriors, their self-sacrifice for the actual attack and destruction of the Iraq, which none of our “allies” in greater good and the benefits that Twin Towers and the video accounts Europe or the Middle East seem accrued to the nation for their sacri- and photographs of the incredible inclined to support. fices. But we also celebrate the freedom care center in the Murrah Federal bravery of the police and firefighters Do we proceed alone, the solitary from tyranny that resulted from what Building as victims, just as heinous? gave us all a personal emotional stake superpower, meting out our own brand came after the massacre at the Alamo Weren’t the victims just as innocent? in what happened in New York City. of justice and imposing our economic just as surely as we celebrate the brav- Weren’t the rescuers who were killed For that moment, we were all New and social values on the rest of the ery of the defenders. just as noble and heroic? And yet it did Yorkers, just as we were all Americans. world? Or do we rethink our place in I do not think that the tragic loss of not ever seem to hold the nation in a We were one people because the 9-11 the world, allowing that perhaps not so much innocent life, the bravery, thrall nearly as firmly as the 9-11 attacks happened to all of us more everyone shares our sometimes self- heroism and self-sacrifice displayed by attacks. It never did. (By the way: April than any other event in our history. We congratulatory view of ourselves as the so many or the almost incomprehensi- 19, 1995; 168 killed.) were personally there. We watched. We saviors of the free world? ble magnitude of the attacks are what There is even a hierarchy of 9-11 saw the people trapped by the flames, My hope is that we take the more left me with such an ache in my heart. events in which somehow the attack choosing nobly to jump to their deaths reflective path and that we use our I understand and applaud all of those on the Pentagon gets short shrift. The rather than be passively consumed by remembrance of Sept. 11, 2001 to make reasons for remembering. Still, some- Pentagon! The very heart of our mili- a hellfire so hot that it melted the ourselves, our nation and our world a how, it feels like there is more to tary preparedness and leadership; our structural beams that held up the tow- better place. The same way those who understand about this historic occur- military nerve center. Yet “Ground ers. We saw the collapse of first one sacrificed at the Alamo, Gettysburg, rence. We all lost something on Sept. Zero” is still in New York City at the stupendous monolithic tower and then Pearl Harbor and D-Day made the 11. What did we gain? site of the Twin Towers. the next. We were there. We became world a better place for their families Does anyone remember the date of In a way, I think the discounting one. and their country. the Oklahoma City bombing? The that the Pentagon suffers offers the best The question, I think, becomes what year? How many were killed? In its insight into how these attacks impacted do we do with this unity? our collective psyche. There was com- In the whirlwind of human events Bruce H. Bikin, a partner at Montgomery, McCrack e n , own way, wasn’t that bombing, which Walker & Rhoads, LLP, is Editor-In-Chief of the included children and toddlers in a day paratively very little in the way of following the attacks, events in the Philadelphia Bar Reporter.

FRONTLINE to the Inquirer. And all this happened despite a scathing grand continued from page 2 Workers’ Comp jury report and the later arrest of three ward leaders and he will have many priorities. who were charged with violating election laws by not For now, it seems to me that something must be filling out proper disclosure forms. It’s just an awful Section Seeking done about the huge amounts of money that are system - a system that virtually requires local judicial being spent on judicial campaigns. It has gotten to candidates to pay the party $35,000 if they’re running Award Nominees the point where nearly $3 million is routinely spent for Common Pleas Court and $30,000 for Municipal on a Supreme Court race in this state. And this per- Court. That’s the baseline. The Association’s Workers’ Compensation Section meates the elective system - right on down to the This is the way campaigns are run. This is the way is soliciting nominations for the annual Martha local level. the electoral system works. But some controls on the Hampton Award. The award commemorates the In Philadelphia’s 2001 primary election, The money have to be put in place. As my predecessor service, dignity, professionalism and dedication ex- Philadelphia Inquirerreported that on the average, the Carl Primavera said during last year’s judicial cam- emplified by Hampton during her years of practice. 11 Common Pleas Court candidates who won the paigns, “Any time you link money to a judicial posi- Nominations are open to workers’ compensation Democratic nomination spent about $123,000 each. tion, you’re running the risk of losing confidence in judges, defense attorneys and claimants attorneys Where does the money go? One expense is “street the entire justice system.” who practice in Philadelphia or the surrounding money” paid out to ward leaders, consultants and That’s a chance we simply cannot afford to take. At counties. Nominations must be received by freelance vote producers. In the 2001 primary election the very least, we’re committed to reforming the sys- Thursday, Oct. 31. Please send your nominations, alone, $500,000 was spent by Philadelphia judicial tem. We want to clean it up. And eventually, we want along with a brief explanation of the nominee’s cre- candidates in ways that required no accounting to to change it altogether. We’re in this for the long haul. dentials, to Marc Jacobs, 1818 Market St., Suite 2300, the public. And even where ward leaders are required Philadelphia, Pa. 19103. to report expenses, some handed out nearly $100,000 Allan H. Gordon, a partner ato l sK b, y Gordon, Robin, ShoreB e& z a, r is Chancellor of the Philadelphia Bar Association. His e-mail addressh a n c e- l is c in primary day cash to unnamed recipients, according l o r @ p h i l a ba r. o r g .

The Philadelphia Bar Reporterwel- withheld upon request. All submis- mailed and should be directed to: Jeff Send Us comes law-related submissions for sions will be promptly considered by Lyons, Managing Editor, Philadelphia publication. Articles relating to a spe- the Bar ReporterEditorial Board. Edit- Bar Reporter, Philadelphia Bar Your News, cific practice area, commentary, book ors reserve the right to condense for Association, 1101 Market St., 11th reviews, and letters to the editors are clarity, style and space considerations. floor, Philadelphia, Pa. 19107-2911. Views, Photos welcome. Letters must be signed to Articles and/or requests for publi- Phone: (215) 238-6345. Fax: (215) 238- verify authorship, but names will be cation may be mailed, faxed or e- 1267. E-mail: [email protected].

6 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:59 AM Page 7

Bar Foundation Previews 2002 Hamilton Ball

by Heather Bendit

The Philadelphia Bar Foundation officially kicked off its 2002 Andrew Hamilton Ball fund-raising campaign with a cocktail reception. The event featured a single malt scotch tasting hosted by the Jenkins Law Library on Sept. 12. Many prominent members of Philadelphia’s legal community attend- ed the reception, including Bar Assoc- iation Chancellor Allan H. Gordon; Philadelphia Common Pleas Court Administrative Judge James J. Fitzger- ald III; United States Attorney for the Eastern District of Pennsylvania Patrick L. Meehan; Jeffrey M. Lindy, chair of the Board of Governors; Harold Kramer, president of Jenkins Law Library, and many members of the Board of Governors and Board of Among the attendees at the Sept. 12 Andrew Hamilton Ball Kickoff Reception were (from left) Chancellor Allan H. Gordon, Sharon Gordon, Trustees of the Philadelphia Bar Ball co-chairs Sherri Reich and Abraham C. Reich, Gerri Kramer and Jenkins Law Library president Harold Kramer. Foundation. Hosted by Abraham C. Reich and in the country. Hamilton Ball and Souvenir Program Philadelphia Bar Foundation is one of his wife, Sherri, the Andrew Hamilton The Louis D. Apothaker Award, go directly to support the Philadelphia the few sources of operating support Ball will be held on Saturday, Nov. 16 given annually by the Philadelphia Bar Bar Foundation’s annual grants pro- for legal services. Through the gener- in the Crystal Tea Room of the Foundation to an individual or organi- gram. ous support of businesses, law firms Wanamaker Building, beginning at 7 zation embodying the former Found- Since 1964, the Philadelphia Bar and members of the community shar- p.m. This year, the Ball will commem- ation president’s commitment to public Foundation has served as the charita- ing its commitment to access to justice, orate the 200th anniversary of the service, will be presented at a ceremo- ble arm of the Philadelphia Bar the Philadelphia Bar Foundation has Philadelphia Bar Association, the oldest ny immediately preceding the Ball. Association, promoting access to justice granted millions of dollars to agencies chartered metropolitan bar association Proceeds from the Andrew for all members of the community. The continued on page 8

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BAR REPORTER / OCTOBER 2002 7 OCT PBR 10/10/02 10:59 AM Page 8

Charitable Priorities: The Case for Legal Services

by Gerald A. McHugh lightly, and cannot help but think how differences that would, in another cul- the client’s position would be so much ture, be resolved by violence. Almost every day, the average B A R F O U N D A T I O N better served with a lawyer truly advo- Supporting legal services makes the American household can expect to cating their client’s cause. In the final ideal of equal justice more than just a receive multiple pleas from charities. analysis, it takes a lawyer to under- platitude. Unmet needs are limitless, and the stand just how important a lawyer can Finally, to the extent that the legal number of worthy causes that have be. profession asks government and the been established to address those As lawyers, we also understand that public at large to fund representation needs are just as broad. How does one some degree of heat and friction will for the poor, the question is fairly choose between fighting homelessness, often be a by-product of the legal asked: What is the legal profession illness, poverty, and discrimination? Do process. Every lawyer must from time itself doing to support that goal? In a we support the arts or save the envi- to time take difficult or unpopular nutshell, the importance of equal ronment? Several years ago, one com- stands. Lawyers representing the poor access to justice is an issue that lawyers mentator expressed concern that the is that we are uniquely situated to and disadvantaged are no different, are uniquely able to appreciate and, for relentlessness of charitable solicitation understand the importance of repre- and, if anything, are more likely to that reason, as we perform triage on ran the risk of dulling our sensibilities, sentation of the poor and the disad- handle cases that give rise to contro- the many demands upon our and coined the phrase “compassion vantaged. Being trained in law, we versy. It is easy for someone outside resources, only we can be counted fatigue,” to describe the urge to throw understand the value of our civil insti- the legal system to criticize such upon to make support for legal ser- up one’s hands and tune out all such tutions. Because we are firsthand par- lawyers for being agitators, when in vices a priority. pleas. ticipants in the adversary system, we fact they represent our profession at its One of the easiest ways in which to As professionals, we are doubly know better than anyone else the best. Supporting public interest prac- support the ideal of equal justice is challenged, because all of us can importance of effective representation tice demonstrates our appreciation of through this year’s United Way cam- expect to receive a separate wave of and advocacy. Beginning my career as the virtues of zealous advocacy. paign and its donor option. Contrib- entreaties in our offices. Against this a federal law clerk, I would observe As lawyers, we also understand the utors to United Way can designate the backdrop, how can one argue that sup- cases in which pro selitigants would importance of public belief in the fair- Bar Foundation as the preferred recipi- port for legal services should be a pri- struggle in their attempt to present ness of the justice system. In the final ent of their contribution, by specifying ority? I am not certain how to make what appeared to be a valid claim, all analysis, the legitimacy of our courts Code 1578. You can also support most that case to the public at large, but I do the time thinking how their situation depends upon the faith of average citi- of our grantee agencies in the same think there are reasons why as attor- would be different with effective advo- zens that justice occurs there. The way. This year, when you make charita- neys we should prioritize support for cacy. Even in our own practices, there broader the degree of access there is to ble contributions, whether through legal services and public interest orga- are unquestionably times when we the justice system, through quality rep- United Way or on your own, please nizations. The first and most important watch a fellow lawyer taking a case resentation, the greater stake people take time to think about our obliga- will have to participate as jurors, wit- tions as attorneys and the example we HAMILTON BALL Options, Inc.; Agins Haaz & Seidel, LLP; nesses and citizens to allow disputes to can set by making the cause of equal Brigham and Trevor, P.C.; Dashevsky, be fairly resolved. The late Pa. Supreme justice a priority in giving. continued from page 7 Horwitz, DiSandro, Kuhn, Dempsey & Court Justice Louis L. Manderino once remarked that through the court sys- Gerald A. McHugh, a partner at Litvin, Blumberg, providing free legal services to mem- Novello, P.C.; Delivery of Legal Services Matusow & Young, is president of the Philadelphia Bar tem, American society resolves many Fo u n d a t i o n . bers of the community struggling with Committee members; Fannie Mae; poverty, abuse and discrimination. Federal Bar Association; Fineman & Philadelphia’s legal and business Bach, P.C.; Kessler Cohen & Roth, P.C.; communities have rallied strong sup- Kleinbard, Bell & Brecker LLP; Ronald Looking for a special way port for the Philadelphia Bar Kovler; David Ladov; M. Burr Keim; Foundation this year. The following is Manko, Gold, Katcher & Fox, LLP; to remember someone? a list of commitments as of Sept. 24: Mattioni, Ltd.; McEldrew & Fullam, P.C.; Premium ($4,000): Blank Rome Parente Randolph; Philadelphia Trial Comisky & McCauley LLP; Citizens Lawyers Association; PNC Advisors; Bank; Fox, Rothschild, O’Brien & PricewaterhouseCoop-ers; Reliable Frankel, LLP; Gay Chacker & Mittin; Copy Service; Republic First Bank; John Births • Deaths • Marriages • Anniversaries • Kolsby, Gordon, Robin, Shore & Bezar; E. Savoth; Tau Epsilon Rho; and Weir & Making Partner • Passing the Bar Morgan, Lewis & Bockius LLP; Pepper Partners LLP. Hamilton LLP; and Wolf, Block, Schorr Other supporters: Cozen O’Connor; Hecker Brown Sherry and and Solis-Cohen LLP. Through the Special Way to Remember program, you Johnson LLP; and Peterson Consulting. Gold ($3,200): Dechert; Drinker can honor a colleague or loved one with a contribution Foundation supporters Biddle & Reath LLP; Duane Morris; to the Philadelphia Bar Foundation. Since 1964 the Bar ($10,000+): American Lawyer Media; David G. Faw, CPA; Independence Blue Foundation has distributed millions of dollars in attorney Hangley Aronchick Segal & Pudlin; Cross; Montgomery, McCracken, Walker gifts and other funds to public interest groups that pro- LexisNexis; Litvin, Blumberg, Matusow & Rhoads, LLP; and White and vide counsel and assistance to the poor, disabled, elderly & Young; Saul Ewing LLP; and USI Williams LLP. and children in our community. Your gift will help serve Colburn Insurance Service. Silver ($2,200): Stradley Ronon the needs of Philadelphians who have nowhere else to For more information about sup- Stevens & Young, LLP. turn for legal services. porting the Bar Foundation’s grants Copper ($1,500): Lenard A. If you would like to make a gift to the Foundation as a program through the Andrew Hamil- Cohen; Conrad O’Brien Gellman & meaningful expression of respect, please call (215) 238- ton Ball Souvenir Program, contact Rohn, P.C.; Feldman, Shepherd, Wohl- 6334. gelernter & Tanner; Hoyle, Morris & Melissa Engler at (215) 238-6347. For Kerr LLP; The Justinian Society; more information about attending the Schnader Harrison Segal & Lewis LLP; Andrew Hamilton Ball on Nov. 16, con- Eisenberg, Rothweiler, Schleifer, tact Stephanie Krzywanski at the Phil- Weinstein & Winkler, P.C.; Regent adelphia Bar Association at (215) 238- Investor Services; and Saltz, 6360 or visit www.philadelphiabar.org. Mongeluzzi, Barrett & Bendesky. Heather Bendit is executive director of the Philadelphia Black & White ($1,000): ADR Bar Fo u n d a t i o n .

8 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:59 AM Page 9

As s o ciation Helps Mark Citizenship Day

Chancellor Allan H. Gordon (left) addresses new American citizens at a naturalization ceremony held on Citizenship Day, Sept. 17, outside the site of the National Constitution Center. The ceremony included Ian Rose’s por - trayal of Alexander Hamilton (above), a boys choir performing the national anthem (below) and a fife-and-drum escort from the U.S. Courthouse to the site of the ceremony. U.S. District Court Judge R. Barclay Surrick (bottom photo, at left) p resided over the cer e m o n y, where 45 people from 21 nations took the oath of citizenship.

BAR REPORTER / OCTOBER 2002 9 OCT PBR 10/10/02 10:59 AM Page 10

Chancellor’s Forum One-Man Darrow Show Wows Bar Members

Actor Paul Morella (above, left) meets with Chancellor Allan H. G o rdon prior to the p e rf o rmance of his one-man show “A Passion for Justice: The Clarence Darrow Stor y ” b e f o re an audience of more than 100 Association mem- bers on Sept. 25 at the PBI- P B E C E d u c a t i o n C e n t e r. The p e rf o rmance chronicles the courtroom and personal lega - cy of legendary attor n e y C l a rence Darr o w. The pefor- mance was presented free of c h a rge as part of the A s s o c i a t i o n ’ s 200th anniver- sary celebration.

Detained Children’s Advocacy Project Gets ABA Grant

The Detained Children’s Immigration Resource placed in various shelters sponsored events, and devel- complex immigration pro- Advocacy Project has Center, the Detained throughout the country. opment of a pro bono repre- ceedings. received one of six $10,000 Children’s Advocacy Project The Detained Children’s sentation project based on The ABA has provided grants from the American aims to meet the legal needs Advocacy Project will use an ABA model. more than $1 million in Bar Association Commission of detained, unaccompanied the grant to raise awareness The INS detains more grants to more than 80 state on Immigration Policy, minors in Pennsylvania and in the legal community than 5,000 children annually and local bar associations for Practice and Pro Bono to address conditions of con- about INS detainees in nationwide. The six grants pro bono representation of provide legal services to finement. Pennsylvania via training are part of a nationwide immigrants, refugees and immigrant and refugee chil- Unaccompanied immi- sessions with the Philadel- effort to encourage compre- newcomers to the United dren. grant children who enter the phia Bar Foundation for hensive pro bono represen- States. This year’s awards Sponsored by the United States are put in lawyers representing immi- tation programs for children were announced at the ABA Philadelphia Bar Foundation Immigration and Naturaliza- grants in detention, local who may be detained for Annual Meeting in Washing- and the Pennsylvania tion Service custody and media and bar association months, even years, during ton, D.C., in August.

10 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:59 AM Page 11

It’s Not Just a Job, It’s a Career for a Lifetime

by Marla A. Joseph remember graduating law school in e-mails, with my cell phone, fax 1994 and feeling quite depressed about machine and pager by my side. We Hundreds of years ago when my economic prospects because of the also have the added bonus of the re- Shakespeare sought comic relief in his great supply and diminished demand cent ABA resolution in support of YLD UPDAT E for lawyers. Although I was raised to multi-jurisdictional practice (which is notorious “Henry IV,” his character, Dick the Butcher (a mobster for that believe that hard work paid off, in the expected to ultimately be followed in era), eagerly planned for our murders “dot-com” era of the ’90s, many of my many states), that allows lawyers to with his infamous line, “the first thing contemporaries managed to strike it temporarily set up shop in other states, we, let’s kill all the lawyers.” Regretfully, rich right out of college without even whether they are working while on the times have not changed. In fact, pursuing a graduate degree. Now, only vacation, or they are deposing a wit- one could easily envision an episode of a select few have maintained their ness in another jurisdiction across the “The Sopranos” where Tony Soprano positions in their respective dot-com country. So whether you are on a des- and his cohorts plot humorous ways to organizations, and a growing number erted island, the comfort of your home, murder the U.S. attorneys who are on of people are returning to law schools or a boardroom across the county, you their trail. In fact, this disdain of in light of the downturn in the econo- are still able to use your knowledge lawyers is not limited to popular cul- we are all too familiar with the lobby- my. My point is that when you become and skills to perform your trade. ture. This past August, when thousands ing efforts of the insurance industry a lawyer, you are entering into a pro- Finally, and perhaps most impor- of lawyers convened in Washington, and the medical profession in the area fession that will always be needed in tantly, we are one of the few profes- D.C., for the ABA convention, President of tort reform. Yet these powerful our society. And while there will sions where age and experience con- Bush fled for Texas. Despite the industries need lawyers to defend their invariably be a yin and yang in prac- tinue to payoff. In a wide range of increasing contempt for lawyers, peo- interests in courts. At its best, our jus- tice areas, such as bankruptcy and fields, from acting and modeling to ple continue to enter the profession in tice system allows for each party to mergers and acquisitions, we have marketing and advertising, by the time leaps and bounds. How do we manage advocate his or her view so that ulti- been taught the crucial analytical skills you hit 40 you are sadly considered to stand proud in this perpetual cli- mately justice will prevail. The earliest that enable us to learn new practice over the hill. These industries are mate of hate? accounts of human civilization demon- areas in order to maintain our mar- always looking for new and fresh ideas, First, I think it is crucial to consider strate a legal system that was in place ketability. making it difficult to sustain a career the source of these negative images of to create order in society. Lawyers will Another advantage of being a for the long haul. But lawyers, much lawyers. Ironically, those who protest always be needed to some degree to lawyer is the flexibility that it offers as like a fine wine, command greater the loudest are often the first to come promote the rule of law and create a we go through the cycle of life. Many respect and admiration over time. In running to an attorney’s office to fight system of checks and balances that is areas of legal practice enable us to be other words, gray hairs and wrinkles their own crusade. For example, it is necessary to protect the interests of productive members of society while can actually increase your value rare for a morning to pass without those who might not otherwise have a simultaneously allowing for more time because you have gained the wisdom Howard Stern expressing his hate for voice in society. with our families. Working parents and and experience that is respected by the legal profession. Yet often in the On a more personal note, in addi- lawyers who want to spend more time your clients and colleagues. same breath, Stern will be preaching tion to ensuring that due process is at home have the luxury of practicing law in very creative ways. In fact, as I Marla A. Joseph, chair of the Young Lawyers Division, is about the FCC infringing on his First served and individual rights are pro- managing attorney in the Workers’ Compensa t i o n Amendment rights – rights created by tected, lawyers have a sense of job am writing this article, I am working at department at Sacks, Weston, Smolinsky & Albert. Her e- mail address is mjoseph@sa ck s l a w. n e t . the first lawyers in our country. And security that is lacking in other fields. I home while periodically checking my Meehan Meets With Cyberspace Committee Save Oct. 13

Patrick L. Meehan, United States for YLD’s Attorney for the Eastern District of Pennsylvania, was the guest speaker at a Boo at the Zoo wine-and-cheese reception co-sponsored by the Business Law Section’s The Young Lawyers Division will Cyberspace & E-Commerce Committee host the inaugural “Boo at the Zoo” and Morgan, Lewis & Bockius LLP. The party to benefit the Philadelphia Bar reception was held Sept. 18 on the Foundation on Sunday, Oct. 13, from 3 rooftop terrace at Morgan Lewis. Meehan to 6 p.m. at the Philadelphia Zoo. addressed the committee, sharing his The party will feature food and thoughts on the complex issues facing drink, music and dancing, animals, face the U.S. Attorney’s Office in dealing with painting and a silent auction and raffle. computer and Internet crimes. All members of the YLD, their friends, Meehan also discussed the initiatives families and colleagues, as well as all launched by the U.S. Attorney’s Office to members of the Philadelphia legal prosecute high-tech crimes, as well as community, are cordially invited to the FBI initiative “InfraGard.” InfraGard is attend. a cooperative effort between government Admission is $25 for adults, $17 for and industry to counter cyber-threats by children ages 2 to 11 and free for chil- exchanging information about illegal dren under 2. Zoo members get a $5 intrusions, disruptions and vulnerability discount on their admission. Tickets of systems and physical structures. can only be purchased through the Bar For more information about the Association and will not be available at Cyberspace & E-Commerce Committee, the zoo. All reservations must be made contact committee chair Sandra A. Jeskie by Monday, Oct. 7. United States Attorney Patrick L. Meehan and Cyberspace & E-Commerce Committee at (215) 979-1395 or jeskie@duanemor- All checks should be made payable Chair Sandra A. Jeskie meet during the committee’s reception on the rooftop terrace at ris.com. to the Philadelphia Bar Foundation. the offices of Morgan, Lewis & Bockius LLP.

BAR REPORTER / OCTOBER 2002 11 OCT PBR 10/10/02 10:59 AM Page 12

Federal Courts Committee Electronic Courtroom Catching On

by Mary Ellen O’Laughlin CM/ECF filing system or to confused, or prejudiced, by send documents filed with the the difference in the manner Nearly 400 attorneys have court in a PDF format so the of presentation of data. He registered to use the new documents can be converted also stated that in his opinion, electronic filing system in for use in the electronic sys- it borders on malpractice to place in U.S. District Court, tem. ignore electronic capabilities officials of the Eastern District There are currently five in the presentation of infor- of Pennsylvania told the courtrooms equipped with mation if the case requires it Federal Courts Committee at electronic capabilities, Judge and encouraged everyone to its Sept. 18 meeting. Reed said, adding that three get training in the use of the U.S. District Court Judges more courtrooms will come electronic equipment in the Lowell A. Reed Jr. and Anita B. online in October. A court- courtrooms. Brody attended the room with electronic capabili- Judge Brody and Judge Committee meeting, asking ties can be requested and it Reed agreed that anyone those in attendance to com- was suggested that this intending to use an electronic ment on the use of the new request be made early in the courtroom should review the electronic filing system and case. At this time the attorney equipment sufficiently in the new electronic court- must bring his or her own advance of the start of trial so rooms. Judges Reed and laptop to the courtroom for that any failure in the equip- Brody were joined by use with the electronic equip- ment, or dispute concerning Marlene Anderson and Susan ment. its use, can be brought to the Matlack of the court clerk’s Judge Reed also suggested court’s attention and resolved. office. So far, there have been that the presiding judge be Judge Brody emphasized the no reports of problems from informed as early as possible importance of having a dry users of the new electronic in the case that there is a like- run with the equipment and system. lihood that data will be pre- stated that opposing counsel Matlack said there have sented in an electronic man- should be shown what equip- been 216 filings in the case ner so that discovery can be ment will be used and how it management/electronic case managed with that in mind to is to be used. She said she has U.S. District Court Judge Lowell A. Reed Jr. filing system since it began ensure that each party gets held pre-trial hearings on the ensued concerning experi- Judge Reed nor Judge Brody operation in May. The court proper training in the use of presentation of electronic ences with the use of the elec- thought it was likely there offers free training on the the equipment. Judge Reed methodology and has ruled tronic courtrooms, the cost would be a local rule con- CM/ECF system, and training said that he ordered a party on whether it is being used issues involved in electronic cerning electronic discovery classes are available for indi- who had electronic equip- fairly. discovery and the possibility in the near future. vidual law firms, if requested. ment and intended to use it at Judge Brody asked if any- of the court’s establishing a The court is encouraging trial to train the other side in one had used an electronic protocol for the use of elec- Mary Ellen O’Laughlin, of counsell eat h, rK H a rrison, Harvey, Branzburg & Ellers LLP, all attorneys to use the its use so that the jury is not courtroom, and a discussion tronic discovery. Neither is secretary of the Federal Courts Committee.

Solo and Small Firm Committee Expert Reveals Life Beyond Google

by Jeff Lyons an index of more than 2.4 billion Web and quality-of-life searches,” he said. pages. Search results can also be saved to a Dan Giancaterino last spoke to the But when using Google and other user’s own computer. Giancaterino said Solo and Small Firm Committee 10 search engines, Giancaterino recom- by right-clicking your mouse button, Internet years ago. Actually, it was May mends using advanced searches. you can download documents, PDF 2001. But a lot has changed in the Advanced searches are generally found files, images, Power Point presentations online world since then. on the search engine’s main page and and even spreadsheets to your own Giancaterino, the Internet librarian can be accessed by simply clicking on computer. at the Jenkins Law Library, showed the words “advanced search.” “If an image you’ve found in a Committee members the best way to When using advanced searches, Google search is relevant to your case, Dan Giancaterino, the Internet librarian at find information for free on the topics can be made very specific, chances are the text will be relevant, Jenkins Law Library, is an advocate of Internet at the Committee’s Sept. 10 reducing the number of Web pages too,” he said. advanced searches when it comes to look - meeting. that have to be looked at. “Don’t just “When it comes to search engines, ing for information on the Internet. “Information is not always free on go with the main pages. All the good Google is the 800-pound gorilla. the Internet, but there is a lot of useful stuff is going on in the advanced They’re the search engine for America find out how many people link to your information available out there that is pages,” he said. Online. They’re the engine that all the Web site and what they’re saying about free,” Giancaterino said. Google searches can also be used to others are trying to overtake,” it. The best way to find information on search just for images or comments in Giancaterino said. Firstgov (www.firstgov.gov) is a the Internet is still with the Google Usenet discussion forums. Google can Alltheweb (www.alltheweb.- U.S. government portal site that search engine (www.google.com), also break down searches by directo- com) is the second-best search engine includes 51 million pages in its index. he said. “It’s still the best all-purpose ries. out there, according to Giancaterino. It was redesigned this year and uses search engine around. It has doubled “Google Groups has more than 700 Alltheweb allows users to customize Alltheweb as its search engine. in size since the last time I was here,” million messages in its Usenet archive, their searches even more than Google. Giancaterino said. Google currently has which can be very helpful in medical Giancaterino said Alltheweb lets you continued on page 16

12 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:59 AM Page 13

Statement of Ownership, Management and Circulation (Required by 39 USC 3685). YLD Mentoring Program Seeks Volunteers 1. Publication title: Philadelphia Bar Report e r. 2. Publication No.: 710-610. 3. Filing date: October The Philadelphia Bar Association’s provide an opportunity for the pro- For more information about the 2002. 4. Issue Frequency: Monthly. 5. Number of Young Lawyers Division is seeking tégés to receive advice and guidance in program, please contact Kim Jessum at issues published annually: 12. 6. Annual subscription interested attorneys to sign up to be various areas of their careers. Those [email protected] or (215) price: $45. 7. Complete mailing address of known o ffice of publication: Philadelphia Bar Association, mentors or protégés as part of the YLD who participated last year are welcome 963-4753, or MaryJo Wlazlo Bellew at 1101 Market St., 11th floor, Philadelphia, Pa. 19107- Mentoring Program. The program is to participate again this year if you [email protected] or (215) 972-7144. 2911. Contact person: Mark Tarasiewicz. Telephone: (215) 238-6346. 8. Complete mailing address of co-chaired by YLD Executive have lost touch with your mentors/ The completed questionnaires headquarters or general business office of publisher: Committee members Kim R. Jessum protégés or would like another men- should be returned to the Philadelphia Philadelphia Bar Association, 1101 Market St., 11th and MaryJo Wlazlo Bellew. tor/protégé. Bar Association by Oct. 11 to ensure f l o o r, Philadelphia, Pa. 19107-2911. 9. Full names and complete mailing addresses of publisher, editor, The YLD Mentoring Program will Interested individuals are encour- that respondents are invited to a wel- and managing editor: Publisher: Philadelphia Bar match all of the protégés with more aged to complete and return the ques- coming reception to meet their respec- Association, 1101 Market St., 11th floor, Phila- delphia, Pa. 19107-2911. Editor: Bruce H. Bikin, Esq., experienced attorneys, or mentors, to tionnaire below. tive mentors and/or protégés. Philadelphia Bar Association, 1101 Market St., 11th f l o o r, Philadelphia, Pa. 19107-2911. Managing edi- tor: Jeff Lyons, Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. 10. Owner: Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. 11. Known bondholders, mortgagees, and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages, or other secu- rities: none. 12. Tax status (for completion by non- p rofit organizations authorized to mail at special rates): The purpose, function and nonprofit status of this organization and the exempt status for federal income tax purposes has not changed during the pre- ceding 12 months. 13. Publication Title: Philadelphia Bar Report e r. 14. Issue date for circulation data below: October 2002. 15. Extent and nature of circu- lation: A. Total number of copies (net press ru n ) : Average number of copies each issue during preced- ing 12 months: 12,500. Number of copies of single issue published nearest to filing date: 12,500. B. Paid and/or requested circulation: 1. Paid/requested out- side-county mail subscriptions stated on Form 3541 (Include advert i s e r’s proof and exchange copies): Average number of copies each issue during preced- ing 12 months: 3,859. Number of copies of single issue published nearest to filing date: 4,016. 2. Paid in-county subscriptions stated on Form 3541 (Include advertiser’s proof and exchange copies): Average number of copies each issue during preced- ing 12 months: 8,125. Number of copies of single issue published nearest to filing date: 7,984. 3. Sales through dealers and carriers, street vendors, counter sales and other non-USPS paid distribution: Average number of copies each issue during preceding 12 months: 0. Number of copies of single issue pub- lished nearest to filing date: 0. 4. Other classes mailed through the USPS: Average number of copies each issue during preceding 12 months: 0. Number of copies of single issue published nearest to filing date: 0. C. Total paid and/or requested circ u l a t i o n (sum of 15B1, 15B2, 15B3 and 15B4): Average num- ber of copies each issue during preceding 12 months: 11,984. Number of copies of single issue published nearest to filing date: 12,000. D. Free dis- tribution by mail (samples, complimentary and other f ree copies): Average number of copies each issue during preceding 12 months: 100. Outside-county as stated on Form 3541: 0. 2. In-county as stated on Form 3541: 0. 3. Other classes mailed through the USPS: 0. Number of copies of single issue published nearest to filing date: 12,500. Outside-county as stat- ed on Form 3541: 0. 2. In-county as stated on Form 3541: 0. 3. Other classes mailed through the USPS: 0. E. Free distribution outside the mail (carriers or other means): Average number of copies each issue during preceding 12 months: 0. Number of copies of single issue published nearest to filing date: 0. F. Total free distribution (sum of 15D and 15E): Average number of copies each issue during preceding 12 months: 100. Number of copies of single issue pub- lished nearest to filing date: 100. G. Total distribution (sum of 15C and 15F): Average number of copies each issue during preceding 12 months: 12,084. Number of copies of single issue published nearest to filing date: 12,100. H. Copies not distributed: Average number of copies each issue during preced- ing 12 months: 416. Number of copies of single issue published nearest to filing date: 400. I. Total (sum of 15G and 15H): Average number of copies each issue during preceding 12 months: 12,500. Number of copies of single issue published nearest to filing date: 12,500. J. Percent paid and/or requested circulation (15C ÷ 15G x 100): Average number of copies each issue during preceding 12 months: 99.17 perc e n t . Number of copies of single issue published nearest to filing date: 99.17 percent. Signed, Kenneth Shear, Executive Director, Sept. 27, 2002. I certify that the statements made by me are correct and complete. I understand that anyone who furnishes false or mis- leading information or who omits material or infor- mation requested may be subject to criminal sanc- tions (including fines and imprisonment) and/or civil sanctions (including multiple damages and civil penalties).

BAR REPORTER / OCTOBER 2002 13 OCT PBR 10/10/02 10:59 AM Page 14

Diversity Committee/Minorities in the Profession Committee Anderson Discusses Racial Issues in City

by Jeff Lyons a profound economic change from manufacturing to service and high Dr. Elijah Anderson is an observer. technology jobs. Companies are send- He likes to go to different places in the ing manufacturing jobs overseas, away city and watch people and see how from cities like Philadelphia. “This they interact with each other. deindustrialization is affecting the peo- “I’ll go to Rittenhouse Square or sit ple in places like North Philadelphia at restaurants and just watch people,” and other poor parts of the city,” he Anderson told members of the said. Association’s Diversity and Minority in Anderson said he’s noticed a split the Profession Committees at a joint between the new black middle class meeting on Sept. 24. and the group of blacks being buffeted Anderson is an expert on the soci- by deindustrialization. “There’s a sense ology of black America and he is the of disenfranchisement and profound author of the widely regarded socio- alienation there. It’s not just from the logical work, A Place on the Corner: A Study poor. It’s emerging from the black mid- of Black Street Corner Men(1978). He has dle class.” also written numerous articles on the “A lot of black middle class people black experience, including “The Code don’t feel welcome at places like the of the Streets,” which was the cover symphony or certain restaurants in story in the May 1994 issue of The town. It’s a hard thing to overcome, Atlantic Monthly.The expanded version feeling unwelcome,” he said. of the Atlanticpiece, “The Code of the Anderson said he’s noticed two Street: Decency, Violence, and the kinds of black people in the city – Type Moral Life of the Inner City” was pub- A and Type B. “The Type A blacks are lished in 1999. He is the Charles and racially particular. Everything is black. William L. Day Professor of the Social Dr. Elijah Anderson Their friends, spouses. Everything. Type Sciences at the University of Bs are more cosmopolitan in their ori- Pennsylvania. about civil rights. President Johnson city were lily white and male.” entation. They’ll have white friends, Anderson said he’s working on a continued JFK’s efforts after his assassi- He recalled a 1968 editorial in the Asian friends, Jewish friends, Irish new book about race relations. “I’m nation and promised we could over- ABA Journalthat favored incorporation, friends.” He said Type A is the majority, trying to understand where we are come. It culminated in riots and civil set asides and affirmative action. “These but Type B is growing. racially in this country right now.” disorders,” Anderson said. were the issues that carried the day.” There are some parts of the city Anderson was born in the deep “It began with the riots in Watts in But he said resistance to these poli- where blacks and whites live side by south and said his parents were Los Angeles, and spread to Seattle, San cies has grown in recent years. “There side in harmony, he said. involved in sharecropping, which was Francisco and Chicago. Detroit burned. was a time when it was hard to argue “In Grays Ferry, there’s a section not too far removed from slavery. His There were 43 people killed in those against inclusion. Diversity became the over by the refineries called Forgotten family moved to South Bend, Ind., riots,” he said. political price affirmative action had to Bottom. Working class families, black when he was very young. “In 1964, race relations were very, pay in order to exist. and white, live and work together While he was attending Indiana very tense. The whole system had a “There are all kinds of reasons for there. And in Mount Airy and Chestnut University in the 1960s, Anderson said problem with what to do about it. In hope. We’ve come a long way since Hill, there’s profound tolerance there,” the nation was involved in great Philadelphia at that time, it was very those times in the 1960s. Today, we Anderson said. upheaval. clear there were two systems. One have the biggest black middle class “One day we’ll come to be the soci- “John F. Kennedy raised the hopes black, one white,” Anderson said. “The ever.” ety we want to be.” of black people. He cared very much board rooms of the companies in this He said the nation is going through

BRENNAN AWARD List Serves Help You Stay in Touch continued from page 1

Looking for a quick and convenient provided with a special e-mail address A hyperlink appears at the bottom J. Brennan Jr. was the first recipient of way to communicate with other mem- to use whenever you want to send a of every list serve message posted, the award, which was created in 1995 bers of your Bar Association section, message to all members of your chosen allowing the recipient to update or to recognize an individual who adheres committee or the Young Lawyers list. cancel their list serve subscription. to the highest ideals of judicial service. Division? Join a Bar list serve! Similarly, you can respond to mes- Subscriptions to list serves are free. The award, which is now named in Bar Association e-mail discussion sages posted by other members of the The following list serves require honor of Justice Brennan, was subse- lists, or “list serves,” are a valuable - list. Keep in mind, however, that reply- Section membership: Business Law; quently awarded to Philadelphia and powerful - tool for section, com- ing to the message means that every- Criminal Justice; Family Law; Probate Common Pleas Court President Judge mittee and YLD members to share and one on the list will receive a copy of and Trust; Real Property; Tax; and Alex Bonavitacola (1996); Pennsylvania receive information on programs, your reply. If you don’t want your Workers’ Compensation. Superior Court Judge Phyllis W. Beck events and developments in their area response to be seen by everyone on Public Interest Section, committee (1997); Chief Judge Edward R. Becker of of the law. Here’s how to enroll: the list, you should reply to the origi- and Young Lawyers Division list serves the U.S. Court of Appeals for the 3rd Log onto the Association’s home- nal sender only. are open to all members of the Circuit (1998); Senior Judge Louis C. page at www.philadelphiabar.org . For example, if you receive a mes- Association. Bechtle of the U.S. District Court for the Click on the “list serves” option, and sage inviting you to a Bar networking For more information about the use Eastern District of Pennsylvania (1999); complete the online subscription form. event, you should not send your of Bar Association list serves, contact and Chief Judge James T. Giles of the You will receive an e-mail confirmation R.S.V.P. back to the entire list. Instead, the Association’s list serve administra- U.S. District Court for the Eastern upon approval. contact the sender directly, either by e- tor, Andrea Morris, at admin@phil- District of Pennsylvania (2000). The In your confirmation, you will be mail or telephone, for information. abar.org, or (215) 238-6313. award was not presented last year.

14 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:59 AM Page 15

Republican Mike Fisher answers a question as Lynn Marks, executive director of Pennsylvanians for Moder n Courts, looks on. More than 150 people attended the Sept. 4 forum at the PBI-PBEC Education Center. Democrat Ed Rendell appeared at the forum on videotape. Candidates Share Views on Judicial Sel e c t i o n by Linda L. Kazmerski organization founded in 1987 to pro- base. This geographic limitation can implement a Philadelphia “business mote the reform of Pennsylvania’s hinder a candidate’s fund-raising abili- friendly” plan designed to encourage In all but six states, a merit selection judicial system. ties. Furthermore, those candidates businesses to remain in the city and to system is in place for judicial selection. Although Rendell was not present who can raise the funds typically do so attract new businesses. Under this plan, Currently, Pennsylvania is one of the due to a schedule conflict, he did pre- by receiving donations from other a chancery court would be set up as six states not using the merit selection pare a videotaped opinion on the attorneys or parties who tend to be lit- the forum for the determination of dis- system. Rather, the Commonwealth issue. Rendell expressed his support for igants. From this comes a taint that putes involving Philadelphia business- uses a system where judges are elected a statewide merit selection system. political contributions sway judicial es. The selection of the judges would by the general public in a statewide Rendell claims that he has supported opinion once the candidate is on the be based on a merit selection system. election. This typically results in judges such a system since 1978, and plans to bench. Secondly, Fisher proposed a plan to being elected along party lines. Under make this matter a priority of his Rendell also brought up the prob- help control “runaway” jury verdicts in a merit selection system, a broad-based administration because he has not seen lem with voters not being able to rec- medical malpractice litigation by creat- commission is appointed to engage in any progress over the years. Rendell ognize the names of candidates or not ing a system similar to the chancery the task of recommending a list of can- believes the merit system is long over- being able to really get to know candi- court plan. Fisher believes that such a didates for judge to the governor. The due. dates because of the nature of the plan could demonstrate Philadelphia’s governor then nominates a candidate Rendell pointed out several prob- statewide election system. This often commitment to improving the system from the list who would be subject to lems with the current system to results in candidates being elected not and how it is run from top to bottom. confirmation by the state Senate. After demonstrate why the merit selection based on qualifications, but rather Fisher stated that he is willing to put serving a short term, the judge would system would be a better system for along party lines or even based on the weight of office behind the move- be required to stand for a nonpartisan Pennsylvania. First, he pointed out that nationality. ment. He believes that Philadelphia can election for the purposes of retention a candidate for judge is faced with a lot Fisher also expressed concern about set an example. for a full 10-year term as judge. of pressure to raise funds to cover the the current judicial selection system The merit selection issue should On Sept. 4, Ed Rendell and Attorney expenses associated with running in a and supports a merit selection system attract more attention in 2003, when General Mike Fisher, two of Pennsyl- general election. For example, it can in Pennsylvania. Fisher proposed two there will be an election for a Supreme vania’s gubernatorial candidates, were cost more than $1 million for a candi- plans to assist with the implementation Court justice in Pennsylvania. given an opportunity to discuss the date to run for the position of appel- of a statewide merit selection system late judge. Many times, qualified can- that are specifically geared to the City Linda L. Kazmerski is an associate with Fox, hRothsc i l d , judicial selection system currently used O ’ B rien & Frankel LLP. in Pennsylvania at a forum sponsored didates simply cannot raise the funds of Philadelphia. The first plan is to by Pennsylvanians for Modern Courts, because they are not from a large met- a statewide, nonprofit, nonpartisan ropolitan area with a large political Notice to Potential Judicial Candidates The Commission on Judicial date receives a full and fair evaluation, Selection and Retention of the the completed questionnaire must be Visit Pro Bono Corner Philadelphia Bar Association evaluates returned by Oct. 15 to “Judicial Comm- the qualifications of persons wishing to ission” at 1101 Market St., 11th Floor, join the judiciary. Philadelphia, Pa. 19107-2911. Also, can- of Association’s Web Site Individuals who wish to be consid- didates who have previously been The Delivery of Legal Services they need volunteers, along with ered for appointment to the evaluated by the Commission are invit- Committee and the Philadelphia Bar training opportunities as well as Philadelphia Common Pleas or ed to contact the Association to deter- Foundation have created a “Pro general information about volun- Municipal Courts OR who are consid- mine whether their ratings are current Bono Corner” on the Bar Associa- teering. ering filing for the 2003 primary elec- by calling Carter at (215) 238-6351. tion’s Web site. Visit www.philadel- “We hope that these online ser- tion as judicial candidates should con- Individuals are reminded that under phiabar.org, click on “Pro Bono vices will make volunteering in tact the Commission on Judicial the Commission’s Guidelines, any can- Corner” on the home page and then Philadelphia easier,” said Philadel- Selection and Retention c/o Areetha M. didates who do not participate in the click on “volunteer opportunities.” phia Bar Foundation Executive Dir- Carter, the Bar Association’s staff coun- Commission’s evaluation process will There you will find information ector Heather M. Bendit, adding that sel, to obtain a copy of the Judicial receive “Not Recommended” ratings. about pro bono law agencies in comments and suggestions are wel- Evaluation Questionnaire and a copy of Philadelphia and the cases for which come. the Commission’s guidelines and A. Harold Datz, Esquire bylaws. Chair, Commission on Judicial In order to ensure that each candi- Selection and Retention

BAR REPORTER / OCTOBER 2002 15 OCT PBR 10/10/02 10:59 AM Page 16

VIP’s Night Oct. 17 Show to Benefit Support Center British attorney and actor Nigel both Quakers, stood trial at the Old in accordance with their oaths and of Music Set Pascoe QC will perform his one-act Bailey in London on the charge of consciences without dictation from the drama “In the Trial of William Penn “preaching to an unlawful, seditious judiciary. for Oct. 18 and William Mead” on Thursday, Oct. and riotous assembly.” Forbidden to In this theatrical production, Pascoe 17 at 7 p.m. at the Arch Street Friends meet in their Friends’ House, they were portrays the intimidation from the Meeting House, 320 Arch St. arrested after a meeting in Gracechurch bench, together with Penn’s dramatic Philadelphia Volunteers for Proceeds from the performance will Street in London. The trial eventually speeches under attack. the Indigent Program presents benefit the Support Center for Child resulted in a decision determining in General admission tickets are $10 best-selling author James Advocates. English law the absolute right of jurors and are available at the door. Student McBride (The Color of Waterand In September 1670, Penn and Mead, to return a true verdict on the evidence admission is $5. Miracle at Saint Anna) and his band for an evening of music and insights on Friday, Oct. 18 at the University of the Arts on South Broad Street. The traditional Silent Auction will also take place with many unusual and interesting donated items and services up for bids. Philadelphia VIP promotes legal access to the justice system by providing free volunteer legal professionals for people living on the margins. For more informa- tion, contact VIP at (215) 523- 9550.

GOOGLE continued from page 12

Another popular Web search site is Teoma (www.teoma.com), created at Rutgers University in 2001. He said Teoma “tries to think for you. They don’t even have an advanced page.” After typing in a query at Teoma, you are given several different categories to choose from: results, which lists rele- vant Web pages; suggestions to narrow your search; resources, which are col- lections of links from experts and enthusiasts; and sponsored results, which are shown because the owners of those Web sites have paid to have them appear on the search. “Teoma is good for a general, broad search that can be narrowed. They’re trying to out-think Google,” Giancaterino said. SearchSystems (www.searchsys- tems.net) was voted to Yahoo’s list of 50 most incredibly useful Web sites. Giancaterino says SearchSystems is like an Internet version of a Swiss Army knife. “SearchSystems is the best index to searchable public databases on the Web,” Giancaterino said. SearchSystems has an index to more than 8,000 public records databases and added an additional 3,000 sources so far this year. SearchSystems has access to corporate records, profession- al licensing, unclaimed property as well as inmate locators. Palawlibrary.com (www.palawli- brary.com) is a subscription site developed by Jenkins Law Library and American Lawyer Media. It specializes in county resources, including cases and court rules.

16 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 10:59 AM Page 17

Sh y amalan’s ‘Signs’ Is Eerily Fam i l i a r by Marc Reuben

As I sat watching M. Night Shyamalan’s wonderful suspenser ARTS & MEDIA “Signs,” I couldn’t help but think of old Vaudeville audiences who used to come to see Smith and Dale (or some other favored act), year after year, and laugh at the same routines no matter how familiar they were. Here was a new film that did not have very much in the way of original ideas, and yet it was fun. Just like watching an old rou- tine you knew by heart. This movie is about alien invaders. It stars Mel Gibson, who has convinced owes much to the 1942 thriller “The Cat me that his charm is effortless, while People,” as well as other early thrillers his acting is not. He is a step short of “The Old Dark House” (1932), “The Cat being another Cary Grant, although I and the Canary” (1943), “The Night of have never seen him that I did not the Living Dead” (the 1968 George enjoy his performance. There is just Romero film), “The War of the Worlds” something that tells any viewer not (1953) and a plethora of 1950s “B” taken by Gibson’s good looks that this movies that time forgot. The most is a man who is acting. He does what wonderful thing about this new film is Mel Gibson plays a Bucks County farmer dealing with alien invaders in M. Night he does very well indeed, and it seems that I got the feeling, early on, that I Shyamalan’s latest film. ungracious to complain. But one wish- was seeing something recycled and es he would let go for just a moment enjoyed (from underneath my seat) the for an innocent is an old sight gag. “Signs” is a film about an invasion so that we could see if the fellow under whole thing. In the end, a movie And the sounds of a struggle heard just from outer space. There is little in it of the charm and brash delivery was as should give you just that pleasure. offstage still engages the lurid imagina- the supernatural. It is all ideas, expertly charming as the one we see on screen. The most striking thing about tion to serve up horrid expectation. I planted. I was scared to death the Gibson’s co-star for the film, the “Signs” was the fact that the viewer saw can think of silent movies that used whole time, and I knew I’d seen it all wonderful Joaquin Phoenix, is one of so little of the horrible. I almost wish some of the same stuff. before. those actors who inhabits every part there had been no encounter between The point is that this is an enter- Here is a film with everything going he plays and does so convincingly. I’ve aliens and earthlings, since the expec- taining movie, no matter how old the for it. Good acting, nice script and seen this fellow in numerous films, tation of something so unearthly was material is. Here is a film that Hitch- excellent production values. But there some big budget and some small, and so eerily served up in this film without cock would have liked – but for the was this pressing need to show some- he is always splendid. I can only imag- actually showing anything at all. In obligatory creatures at the end. And thing green and slimy, as if Mel Gibson ine Phoenix is a genius or totally “The Cat People,” a young woman sat even that copout reminded me of an giving the performance of his career insane – or perhaps a bit of both – to on a bench in dark New Orleans, wait- old Dana Andrews film, “Curse of the wasn’t enough. Gibson is neither green make himself such a superb portrait ing for a bus. There is a shrub behind Demon,” where an evil spirit was sum- nor slimy, and wrapping this movie artist on the screen each time he shows the bench and the set is dark but for a moned by writing its name on a piece around ugly aliens took much of the up for work. The remainder of the cast, small streetlight. The woman on the of paper and passing it to an enemy. pleasure away. But maybe intellectual especially Rory Culkin, were likewise bench does not know she is a rival to The 1957 film was a spooky thing to conceit should be checked at the box splendid. This is, no doubt, due to the the demonic cat person, who we know the very end, when the villain acciden- office. If Bette Davis could trot out old director’s deft craftsmanship. is out on the prowl. As she sits alone in tally gets the piece of paper caught in war horses and make them run, why The film itself, as entertaining as it the dark, there is a moment of silence, his cuffs. You heard him screaming off not Mel Gibson? is, is a combination of bits and pieces and then the shrub behind her flutters the set. But the makers of the film were My best advice to anyone who has- from the great suspense movies of the a bit. In “Signs,” the bench and shrub pressed to actually show the creature, n’t seen “Signs” yet is to buy Raisinettes past. Seamless as Shyamalan’s work becomes a cornfield. But when the after a wonderful hour of suspense. It instead of popcorn and do not bring can be, this movie shows its pedigree. thought of aliens in the yard is planted, wasn’t necessary. But it was viewed as your dog. “Signs” most resembles the 1963 the rustling of cornstalks takes on a good for the box office. No American audience would tolerate a monster film Marc Reuben has been writing about the MArts e d i& a Hitchcock thriller “The Birds” in the meaning far beyond harvest. since 1973. He is an advisory editor to the Philadelphia manner of presentation. But the movie Likewise, monster hands reaching without a monster. Bar Reporter. Association’s Nominating Committee Formed

The Nominating Committee of the Kupersmith, Marsha L. Levick, Lynn Wednesday, Oct. 16, at 4 p.m. sidered for any of the above offices Philadelphia Bar Association has A. Marks, Linda F. Rosen, Judith Offices for which candidates are should submit a resume of their been formed. Frankel Rubino, Richard S. Seidel, being solicited are Vice Chancellor, background and indicate the position Committee members are Chair David J. Steerman, Joseph A. Sullivan secretary, assistant secretary, treasurer, for which they wish to run. Carl S. Primavera, Gabriel L.I. and Audrey C. Talley. assistant treasurer, and five seats on Materials should be submitted to Bevilacqua, Merritt A. Cole, Doreen S. Association Secretary Sayde Joy the Board of Governors, three of the chair of the Nominating Davis, Norman E. Donoghue II, Ladov serves as a non-voting mem- which are to be nominated by the Committee, Carl S. Primavera, c/o Rochelle M. Fedullo, Bruce A. Franzel, ber of the committee. Nominating Committee. Mary Kate Nolen, Philadelphia Bar Rudolph Garcia, Allan H. Gordon, The committee has scheduled Each Board seat carries a three- Association, 1101 Market St., 11th Niki Ingram, Marla A. Joseph, Victor F. dates for its next meetings. year term. Floor, Philadelphia, Pa. 19107-2911, no Keen, Ronald A. Kovler, Susan J. TheyTuesday, Oct. 15, at 4 p.m., and Individuals who wish to be con- later than 5 p.m., Friday, Oct. 11.

BAR REPORTER / OCTOBER 2002 17 OCT PBR 10/10/02 11:00 AM Page 18

Career Corner Changing Practice Can Take Time, Effort

by James LaRosa and Gary Mintz perfectly within the specific job criteria. foundation in a particular field. times, attorneys take in-house oppor- In all likelihood, your resume will Along with resistance, you should tunities with their firm’s blessing, as As lawyers, you’ve probably heard never make it to the hiring partner’s also be prepared to take a couple of the firm may view this as an opportu- on more than one occasion “there is so desk. A better tack is to contact the hir- steps backward. Although your past nity to gain additional business from much you can do with a law degree.” ing partner or practice head directly. experiences and education may qualify the company. While a law degree can open up lots of You may want to send a cover letter you for a particular opportunity, you As with many changes in life, there doors, many attorneys soon find that and resume first or you may want to are still not as experienced in this new are some pitfalls of which you should they are quickly pigeonholed into the initiate contact with a phone call area as you are in the law that you be aware. First, beware of the belief type of practice they start out in. While explaining the type of opportunity you have been practicing your entire career. that the grass is always greener in many attorneys enjoy and want to are looking for. In any event, be pre- If you are truly serious about making a other practice areas. Many litigators continue to grow with the area of law pared for some initial resistance. change, you may need to be willing to make the switch to transactional work that they have focused their careers on, In trying to make a practice switch, take a small if not significant cut in only to miss the adrenalin rush that there are others that strongly desire a it is critical that you articulate specific salary. Because you are just learning a comes with frequent court or deposi- change. This change can either be in reasons for wanting to practice in that new practice area, you will likely get tion work. Law firm associates who the type of practice (from litigation to particular field. Just saying that it the low-end grunt work that you may transition to in-house positions may transactional, insurance defense to seems more interesting will not be have worked your way out of. have to worry about the stability of commercial litigation) or a move to a enough. Try to discuss your particular Another desired practice change is their job when their employer is company’s in-house legal department. experiences in this area and explain to move to a company’s in-house legal involved in a merger. While it is not impossible to change how you enjoyed the elements of your department. Many attorneys view in- Changing practice mid-career is your specialty, there can be obstacles. practice that encompass that area. house opportunities as the ideal legal sometimes needed to rejuvenate a First, you may want to look within Networking can also be very benefi- job. To many attorneys a major benefit lawyer’s enthusiasm. Sometimes all it your own firm to see whether there cial. Try talking to friends and cowork- of working in-house is the lack of a takes is a two-week, work-free vaca- may be an opportunity to move into a ers who are practicing in the type of billable-hour requirement. Also, many tion. If, after a sufficient amount of soul different practice group. If that is not area you are interested in. Let them attorneys enjoy working for one com- searching, you have decided that a an option, evaluate how your past know you are interested in transition- pany with a common goal of looking change in practice is needed, making experience and skills can be transferred ing your practice. Since they work in out for that one company’s best inter- the switch will be difficult but not to the type of practice you are interest- that area, they are more familiar with ests. There is no magic rule to landing impossible. It will take a lot of time ed in. Try to gear your resume to the skills needed to make the transi- an in-house opportunity. Again, net- and effort. Do not expect to make the reflect these transferable skills. Also, tion. Also, they will have a better grasp working is one of the best ways to land change overnight. With persistence and while your cover letter is always an of what is happening in that particular an in-house position. Talk to friends a good career plan you should be able important part of your job application, practice area and they may know of and co-workers who work in the cor- to make the switch. it is particularly critical when you are firms that are looking to expand. porate world. Let them know that you Going back to school is also an would be interested in such opportuni- James LaRosa, Esq., and Gary Mintz, Esq., are recruiters trying to change practice areas. Your with Juri S t a f, fInc., the exclusively endorsed career plan- cover letter should succinctly explain option. You not only learn about the ties. Companies that you are presently ning and placement partner of the Philadelphia Bar particular area that you are interested doing legal work for can also be a Association. LaRosa can be reached at (215)1 - 91 75 0 0 , why you are interested in a new prac- extension 302 or by e-mail at jlarosa @ j u ri s t a f f. c o m . tice area and why your background in, but you also demonstrate commit- great source for opportunities. Many Mintz can be reached at (215)1 -75 9100, extension 315 qualifies you for that particular prac- ment to making a change. Many attor- or by e-mail at gmintz@juri s t a f f. c o m . tice. neys will go back for an LLM or possi- In trying to change practice groups, bly an MBA. Some schools offer certifi- list•serve \noun\ An automatic elec- it is probably not a good idea to go cate programs in a particular field. tronic mailing list, allowing users through a firm’s human resources These programs are less expensive and department. It is the HR department’s time consuming than a traditional to participate in discussions. job to eliminate resumes that do not fit MBA and can provide you with a solid join \verb\ To become a member of a Career Planning and Placement group. from Join your Section’s or C o m m i t t e e ’s List Serve to stay in

Career counseling and résumé review services touch and keep up to date on the by appointment, Mondays from 9 to 11 a.m. and Fridays from 1:30 to 4 p.m. latest Bar events. Vi s i t at Bar Headquarters. For an appointment, call Cindy Towers at (215) 751-9100, extension 301 w w w. p h i l a d e l p h i a b a r. o r g for more information. JuriStaff, the only legal staffing agency endorsed by the Philadelphia Bar Association, provides temporary, temporary-to-permanent and direct-hire placements of attorneys, paralegals and support staff. Learn more at www.juristaff.com or www.philadelphiabar.org or call JuriStaff at (215) 751-9100, ext. 301.

18 OCTOBER 2002 / BAR REPORTER OCT PBR 10/10/02 11:00 AM Page 19

P E O P L E Robert C. Heim, a partner at Dechert and former Chancellor of the Philadelphia Bar Association, has been appointed by U.S. Supreme Court Chief Justice William H. Rehnquist to serve as a member of the Judicial Conference Advisory Committee on Civil Rules. His three-year term began Oct. 1.

Hyman Lovitz, of counsel at Lovitz & Gold, P.C., has been appointed to the Board of Trustees of the Glaucoma Service Foundation to Justinians Honor DiBona, Pizzi, DeBenedictis Prevent Blindness. Carl S. Primavera (left), immediate-past Chancellor of the Philadelphia Bar Association, is joined by The Justinian Society Chancellor Denise C. Gentile, G. Fred DiBona Jr., president and CEO of Independence Blue Cross, and Charles P. Pizzi, outgoing president and Tsiwen M. Law of Hwang & CEO of the Greater Philadelphia Chamber of Commerce, at The Justinian Foundation Scholarship Luncheon on Sept. 12 at the Union Associates, P.C., was recently honored League. DiBona, Pizzi and Nicholas DeBenedictis, chairman of Philadelphia Suburban Corporation, were honored at the luncheon. by The Legal Intelligencerand Pennsylvania Law Weeklyby being named one of the Minorities of Influence. Directors of the Philadelphia topic moderator at the annual trustee of the Jefferson Health System Multicultural Affairs Congress. International Trademark Association and as chairman of the investment Edward W. meeting in Washington, D.C., in May. committee of the Albert Einstein Madeira Jr., a Richard Negrin, Healthcare Network. partner and chair- an associate at Nina M. man emeritus of Morgan, Lewis & Gussack, a part- Kenneth J. Pepper Hamilton Bockius LLP, has ner with Pepper Warren, a partner LLP, has been been nominated for Hamilton LLP, has at Wolf, Block, appointed chair of an “Eagle Hall of been named vice Schorr and Solis- the American Bar Honor” at Edison chair of the Drug Cohen LLP, has Association’s High School in and Medical Device been named chair- Commission on the 21st Century Edison, N.J. The Committee of the elect of the Judiciary. “Eagle Hall of Honor” was established Defense Research American Bar by Edison High School to inspire stu- Institute for 2002 and 2003. She will Association’s Michael Basch of Fine, Kaplan & dents through exceptional role models assume the chair in 2004. Section of Environment, Energy and Black will receive the Brighter Futures and instill a sense of tradition and Resources. Award for Legal Advocacy at the pride in the school as well as the com- Ian M. Comisky, a partner with Philadelphia Mental Retardation munity. Negrin is a 1984 graduate of Blank Rome Comisky & McCauley LLP, Frank P. Cervone, executive direc- Services luncheon at noon on Nov. 13 the school. participated in the 20th Cambridge tor of the Support Center for Child at the Wyndham Franklin Plaza Hotel. International Symposium on Economic Advocates, presented a training pro- Margaret A. McCausland, a part- Crime from Sept. 8 to Sept. 15 at Jesus gram at the National Academy for Ronald A. Sarachan, a partner ner at Blank Rome Comisky & College in Cambridge, England. He also Equal Justice for People with with Ballard Spahr Andrews & McCauley LLP, participated in the CLE participated in the panel discussion Disabilities Conference Sept. 9 in Ingersoll, LLP, recently testified at a presentation “Title VII and Retaliation – “The Funding of Terrorism: The States’ Philadelphia. hearing before the U.S. Senate Matters of Public Concern” on July 19. Role in Direction and Reporting” at the Judiciary Committee Subcommittee on North American Securities Adminis- Daniel B. Evans has been elected to Crime and Drugs. The topic of the Dale W. Miller of Cotter & Miller, a trators Association 85th annual confer- the council for the Pennsylvania Bar hearing and testimony was “Criminal colonel in the U.S. Marine Corps ence on Sept. 29 in Philadelphia. Association’s Real Property, Probate and Civil Enforcement of Environ- Reserve, was awarded the Defense and Trust Law Section. mental Laws: Do We Have All the Tools Meritorious Service Medal, Kosovo Steven E. Bizar, a shareholder with We Need?” Campaign Medal and the NATO Medal Buchanan Ingersoll, has been invited while deployed in Pristina, Kosovo, to serve a two-year term as a barrister Linda T. Jacobs, an associate at where has was the legal advisor to the of the University of Pennsylvania Law Blank Rome Comisky & McCauley LLP, commander of the Kosovo Force. The School Inn of Court. has been named to the Greater Kosovo Force is a multi-national NATO Names Are News Philadelphia Chamber of Commerce’s military force charged with maintain- David G. Concannon, a sole prac- “People” highlights news of Small Business Board of Directors. ing a safe and secure environment in tioner in Wayne, recently assisted members’ awards, honors or Kosovo. Women’s Campaign International, a appointments of a civic or com- Dennis J. Morikawa and nonprofit organization, with a site munity nature. Information may Michael J. Ossip, partners at Emmanuel O. Iheukwumere, assessment visit to Tanzania. WCI be sent to Jeff Lyons, Managing Morgan, Lewis & Bockius LLP, have has been appointed as an adjunct pro- interviewed 15 potential recipients of a Editor, Philadelphia Bar Reporter, been elected as fellows of the College fessor of law at Temple University U.S. aid grant to promote women’s Philadelphia Bar Association, 1101 of Labor and Employment Lawyers. Beasley School of Law for the Fall 2002 participation in the democratic process. Market St., 11th floor, Philadelphia, semester. Pa. 19107-2911. Fax: (215) 238-1267. Lisa Washington, an associate with Edward L. Snitzer, founding part- E-mail: [email protected]. Blank Rome Comisky & McCauley LLP, Benjamin E. Leace, a shareholder ner of Prudent Management Photos are also welcome. has been appointed to the Board of with RatnerPrestia, served as a table Associates, has been re-elected as a

BAR REPORTER / OCTOBER 2002 19 OCT PBR 10/10/02 11:00 AM Page 20

An End to Red Tape Philadelphia Common Pleas Court Pr e s i d e n t Judge Frederica A. Massiah-Jackson (center) is applauded after a ceremonial cutting of the red tape at the First Judicial District’s new I n f o rmation Center at City Hall on Sept. 17. The new Information Center will contain com - puter terminals and will be fully stocked with pamphlets and information on various aspects and divisions of the court system, directions to various offices, and forms that are needed for various filings. Also pictured (from left) a re Association Chancellor-Elect Audrey C. Talley; Municipal Court President Judge Louis J. Presenza; Joseph H. Evers, prothonotary of Philadelphia; Common Pleas Court Judge Myrna Field; Information Center Director Boyd Taggert; and Association Chancellor Allan H. Gordon.

Tuesday, Oct. 15 Quarterly Meeting and Luncheon – noon, Park Hyatt Philadelphia at the Bellevue, Broad and Walnut streets. Ticket information: www.philadelphiabar.org Appellate Courts Committee – meeting, noon, 11th floor Conference Center. Lunch: $7. CALENDAR OF EVENTS Nominating Committee – meeting, 4 p.m., 10th floor Board Room. Pro Bono Committee – meeting, 4:30 p.m., 11th floor Conference Center.

Note: While the following listings have been verified prior to press time, any scheduled event may be sub- Wednesday, Oct. 16 ject to change by the committee or section chairs. Section Chairs Meeting with Chancellor – 8:30 a.m., 10th floor Board Room. Wednesday, Oct. 2 Fee Dispute Committee – meeting, 10 a.m., 10th floor Cabinet Room. Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Federal Courts Committee – meeting, 12:30 p.m., 10th floor Board Room. Lunch: $7. Chancellor’s Forum – noon, 11th floor Conference Center. Nominating Committee – meeting, 4 p.m., 10th floor Board Room. Committee on Legal Rights of Children – meeting, 3:30 p.m., 10th floor Cabinet Room. LegalLine – 5 p.m., 11th floor LRIS Offices. Thursday, Oct. 3 Thursday, Oct. 17 Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room. Women in the Profession Committee – meeting, noon, 10th floor Board Room. Lunch: $7. Lunch: $8.50. Friday, Oct. 18 Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room. Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference Environmental Law Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Center. $7. Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m, 10th floor Cabinet Room. Monday, Oct. 21 Business Law Section Executive Committee – meeting, noon, 10th floor Board Room. Monday, Oct. 7 Public Interest Section Executive Committee – meeting, noon, 10th floor Board Room. Tuesday, Oct. 22 Family Law Section – meeting, 4 p.m., 10th floor Board Room. Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7. Public Interest Section First Monday – 4 p.m., 10th floor PBI-PBEC Education Center. Compulsory Arbitration Committee – meeting, noon, 10th floor Board Room. Lunch: $7. Tuesday, Oct. 8 Wednesday, Oct. 23 Young Lawyers Division Executive Committee – meeting, noon, 10th floor Board Room. Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Diversity Committee – meeting, 12:30 p.m., 11th floor Committee Room. Persons with Disabilities Committee – meeting, 12:30 p.m., 11th floor Committee Room. Wednesday, Oct. 9 Thursday, Oct. 24 Medico-Legal Committee – meeting, 4 p.m., 10th floor Board Room. State Civil Committee – meeting, noon, 11th floor Conference Center. Lunch: $7. Board of Governors – meeting, 4 p.m., 10th floor Board Room. Thursday, Oct. 10 Elder Law Committee – meeting, noon, 10th floor Cabinet Room. Tuesday, Oct. 29 Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Young Lawyers Division Cabinet – meeting, noon, 10th floor Cabinet Room. $7. Wednesday, Oct. 30 Committee on the Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor Public Interest Section – meeting, 8 a.m., 11th floor Conference Center. Committee Room. Women’s Rights Committee – meeting, 12:15 p.m., 10th floor Board Room. Committee to Promote Fairness – meeting, 4 p.m., 10th floor Board Room. Thursday, Oct. 31 Friday, Oct. 11 Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee Philadelphia Lawyer Editorial Board – meeting, 12:30 p.m., 11th floor Committee Room. Room. Sunday, Oct. 13 Domestic Violence Committee – meeting, 4 p.m., 10th floor Cabinet Room. Young Lawyers Division Boo at the Zoo – 3 to 6 p.m., Philadelphia Zoo. Unless otherwise specified,h all e ksc c for luncheons and programs should be made payable to the Philadelphia Bar Monday, Oct. 14 Association and mailed to Bar Headquarters,1 01 Market 1 St., 11th fl., Philadelphia, Pa.1 0197- 2 911. Send Bar Columbus Day – Bar Association offices closed. 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 .

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