® June 2003 The Monthly Newspaper of the Philadelphia Bar Association Vol. 32, No. 6 Governor Joins Law Week Activities Federal Bench-Bar Conference June 13 A performance and discussion of Clarence Darrow’s most famous closing arguments and remarks by U.S. Attorney Patrick L. Meehan will highlight the 2003 Federal Bench-Bar Conference on Friday, June 13 at Ashbourne Country Club in Cheltenham, Pa. The event will be cosponsored by the Philadelphia Bar Association’s Fed- eral Courts Committee and the Pennsyl- vania Bar Institute. The conference, an educational and recreational event for federal court prac- titioners and judges, offers 2.5 substan- tive and .5 ethics continuing legal edu- Pennsylvania Gov. Edward G. Rendell is joined by YLD Executive Committee members (from left) Natalie Klyashtor n y, Melissa A. cation credits and will be held from 8:10 Schwartz, Nicole Gerson, Kim R. Jessum, Lisa L. Getson and Louis J. Presenza Jr. during the Lawyer for a Day Program. Gov. Rendell a.m. to 1 p.m. On-site registration and a spoke to the more than 100 high school students in attendance about following through with a career in the law. Coverage and more pho - continental breakfast begin at 7:30 a.m. tos on Pages 12 and 13. Litigators and judges will then discuss topics of interest in the Eastern District June Quarterly Meeting and Luncheon of Pennsylvania. Following an on-site luncheon, the afternoon is open for relaxing and golf. Federal Courts Committee Chair Cornel West to Del i ve r Stephanie Resnick, partner at Fox Roth- schild LLP, and Committee Vice Chair Rudolph Garcia, partner at Saul Ewing Hi g g i n b otham Lecture LLP, are planners of the conference. “Attending the Federal Bench-Bar Dr. Cornel R. West, celebrated author Conference is a great way to keep and the current Class of 1943 University Purchase Tickets Online abreast of current developments in our Professor of Religion at Princeton Univ- Log onto www.philadelphiabar.org to pur- federal court. The presentations are al- ersity, will deliver the fifth annual Judge chase tickets to the Quarterly Meeting with ways timely, entertaining and informa- A. Leon Higginbotham Jr. Memorial a major credit card. tive. The conference also provides a rare Public Interest Lecture at the Philadel- opportunity to get to know the federal phia Bar Association’s June Quarterly professor at Princeton University, Dr. judges in an informal setting. I can’t Meeting and Luncheon. West is one of the nation’s most cele- continued on page 6 brated authors and scholars. His writ- The event will be held Thursday, Dr. Cornel R. West June 19 at the Park Hyatt Philadelphia ings and lectures on race relations, at the Bellevue, Broad and Walnut American history, religion and philoso- The lecture was inaugurated by the In This Issue ... streets. phy challenge us to think anew about Public Interest Section to honor the memory of the late Third Circuit Court “In every sense then, Dr. West is the all of these subjects,” she said. 10 Career Corner perfect choice to deliver the Fifth “At this same luncheon, while we of Appeals Chief Judge A. Leon Annual Judge A. Leon Higginbotham Jr. celebrate the ideals of Judge Higginbot- Higginbotham Jr. 14 Charity Run Memorial Public Interest Lecture,” ham we will also commemorate the Prior to his appointment at Prince- Chancellor Audrey C. Talley said. important anniversaries of our col- ton, West was the Alphonse Fletcher Jr. 15 Arts & Media “Indeed, Dr. West epitomizes the leagues who have been members of the University Professor at Harvard Univer- 18 O’Connor Award intellectual vigor, passion and commit- bar for 50 years or longer. It will be sity, teaching Afro-American Studies and Philosophy of Religion. ment that comes to mind when we a very special day for these senior 20 Bar Foundation Golf think of Judge Higginbotham during members of our association and for all West taught at Yale, Union Theolog- this year which marks the 75th anniver- of us who take pride in the rich legacy ical Seminary and Princeton University 23 Bar Day at Phillies sary of the Judge’s birth. Currently a of the Philadelphia lawyer,” Talley said. continued on page 4 Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning Good Citizenship Means Getting Invol ve d by Audrey C. Talley growing metropolitan area in the Of course, many Philadelphia law country after St. Louis, you realize how firms are affected by this inequity. And What does it mean to be a good cit- important it is for us to begin to turn we owe it to our members to look out izen? F R O N T L I N E the corner economically. Put another for their self-interest. But that is hardly The answer would seem to be sim- way: If Philadelphia can’t grow during the only reason for us to speak out. ple enough. We have a responsibility to economic good times, how will we There is arguably a more important obey the law, to vote, to pay taxes, to ever survive a no-growth or slow- reason to take a stand on issues such serve on a jury when called, etc. growth period like the one we find as this and it involves the economic But I view such commonly accepted ourselves in now? well-being of our city. The very future responsibilities as a mere starting The answer can be found partly in of the city is at stake here. We cannot point. To me, citizenship means a lot the adoption of tax and economic poli- continue to lose jobs and businesses. more. cies that stimulate the right kind of And we’re not talking exclusively I believe we need to stay exception- development and encourage growth. about law-related jobs (though the ally well-informed. And we need to Just last month we testified in front of legal community is vital to the city’s become involved. We need to know effort, the result was by no means the Philadelphia Tax Reform economic health). We’re talking about what’s happening in our communities assured. In working to convince city Commission and called for greater tax all kinds of jobs. and how government is affecting the leaders and the broader community equalization through the elimination The Economy League has reported lives of its citizens, including how gov- that the tax reduction was necessary, of a provision of the Philadelphia that by 2000, after 50 years of popula- ernment collects and spends the we had to make a case based on the Business Privilege Tax that effectively tion loss, Philadelphia had an enor- money it derives from taxes and other economic health and well being of our penalizes businesses conducted in mous inventory of vacant lots and sources. We also need to become city. partnership versus those conducted in abandoned buildings: 31,000 lots, involved — speaking out when neces- Studies of the city’s tax structure corporate form. This is so because the 26,000 residential structures and 3,500 sary, offering constructive criticism and tax regulations have shown again current law does not allow for a commercial and industrial sites. And where appropriate and contributing and again that the city must cut taxes deduction in payments made to part- it’s fitting to note that Philadelphia and our talents and energies toward solv- and reform tax policy where necessary ners even where partners perform a Detroit were the only two of the ing the problems faced by our society. to keep businesses in Philadelphia, significant level of service on behalf of nation’s largest cities that lost popula- Especially as lawyers, we need to attract more businesses to the city and the business partnership. Businesses tion in the 1990s. Meanwhile, counties work in partnership with other profes- help the city grow and prosper. In fact, formed as corporations, certain LLCs or surrounding Philadelphia gained pop- sionals and with our colleagues, friends after extensive analysis of sole partnerships, however, may deduct continued on page 9 and neighbors to help bring about Philadelphia’s tax structure and those payments of compensation made to positive change. This is exactly what of other major metropolitan areas, the employees or partners (i.e., sharehold- the Bar Association did last year when Pennsylvania Economy League con- ers). This represents an inequity. We we joined with the Greater cluded that “wage tax reduction could asked the Tax Reform Commission to Philadelphia Chamber of Commerce significantly increase our future tax correct this inequity by allowing for a and other groups in the city to advo- base by attracting residents and jobs to deduction by partnerships of payments Editor-in-Chief cate a reduction in the city wage tax. the city.” When you consider that in the made to partners who participate in Bruce H. Bikin, Esq. Though we succeeded in that initial 1990s Philadelphia was the slowest the operation of their business. Associate Editors Molly Peckman, Esq. Sunah Park, Esq. Nina Wright-Padilla, Esq. Business Privilege Tax Reform Sought Daniel J. Anders, Esq. Catherine Pratsinakis, Esq. by Daniel A. Cirucci a significant level of service on behalf ing support of tax reform to stimulate of the business partnership. Businesses the city’s economy. According to Contributing Editor Richard Max Bockol, Esq. In testimony before the Philadel- formed as corporations, certain LLCs or Association Chancellor Audrey C. phia Tax Reform Commission, the Phil- sole partnerships, however, may deduct Talley, “studies of the city’s tax structure Advisory Editors adelphia Bar Association has called for payments of compensation made to and tax regulations have shown again Merih O.