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The Monthly Newspaper of the Philadelphia Bar Association Vol. 40, No. 5 May 2011 june quarterly meeting and luncheon Get Legal Directory Access on Handheld Attorneys on the go can access The Legal Directory 2011 on handheld devices. With thousands of listings at your fingertips, simply click a phone number or email; your handheld will dial or generate an email template. WebCheck

Go to mobile.thelegaldirectory.org to access The Legal Directory on your handheld device.

The just-releasedLegal Directory 2011 features hundreds of new phone num- bers, emails, government officials, judges, contacts, law firms and attorneys – includ-

Photo by Jeff Lyons Jeff by Photo ing information that you won’t find with a Women in the Profession Committee Co-Chairs Emily B. Marks (left) and Nikki Johnson-Huston present flowers to U.S. quick search on the Internet. District Court Judge Cynthia M. Rufe, who will receive the Sandra Day O’Connor Award at the June 27 Quarterly Meeting. The Legal Directory keeps you up-to- date with the most comprehensive infor- mation on the area’s legal community, in Judge Rufe to Receive O’Connor Award; print, online and on your handheld. The mobile interface is tailored for smaller Chief Judge Lippman to Address Bar screens. All three versions of The Legal Direc- n By Jeff Lyons “Chief Judge Lippman is tory are bundled in one package for one, championing this cause in cost-effective price: the online directory Hon. Jonathan Lippman, chief judge of the State of New York and will share his continued on page 21 New York and a strong advocate for equal access to justice, will insights with us.” be the keynote speaker at the Bar Association’s Monday, June 27 As the state’s chief judge, Quarterly Meeting and Luncheon. Lippman has championed The Association will also present the Sandra Day O’Connor equal access to justice issues In This Issue Award to U.S. District Court Judge Cynthia M. Rufe at the and taken an active leadership event. The O’Connor Award is conferred annually on a woman role in identifying permanent 3 Recommendations attorney who has demonstrated superior legal talent, achieved funding streams for civil 4 2011 Bench-Bar significant legal accomplishments and has furthered the advance- legal services, strengthening ment of women in both the profession and the community. the state’s indigent criminal 5 Nutter on Future The Association will also honor the newest members of its defense system, addressing Lippman Year Clubs, attorneys who have been practicing law for 50 years the systemic causes of wrongful 6 YLD Annual Meeting or more. convictions, and reforming New York’s juvenile justice system, “Our Bar’s core mission is to promote justice, professional among many other areas. Chief Judge Lippman’s four decades 11 Speaker Series excellence and respect for the rule of law. That includes striving in the courts have been marked by a commitment to fostering 18 Lucky 13th? to provide access to justice for everyone, not just those who are a justice system that is independent, open, accountable and wealthy enough to afford it,” said Chancellor Rudolph Garcia. continued on page 20 McDevitt & Kline, LLC Continuing Education Providers May 2011 www.ceworkshops.com Continuing Legal Education Programs

2011 Employment Law Symposium for Attorneys & CPAs When: Thursday, May 19th, 2011. 9:00 AM to 5:00 PM New Location For This Event: Temple University, Center City Philadelphia. 1515 Market Street, Philadelphia, PA 19102 Guest Speaker: Attorneys Tracey E. Diamond & Beth Lincow Cole CLE: 6 Substantive & 1 Ethics Cost: $150 Employers of all sizes are finding it increasingly difficult to manage their employees in the face of ever expanding technology and constantly changing laws. Due to the recent state of economy, employment lawsuits are on the rise. The cost of litigation can be crippling to your clients! Whether you’re working with small or mid-size businesses, it is imperative that you have a working knowledge of current employment law. In this course, our speakers will cover most common legal issues your clients will face and will discuss what you need to know to help them navigate these murky waters. Topics include social media in the workplace, privacy in the workplace, whether restrictive covenants make sense for your client, protecting against wage and hour (Fair Labor Standard Act) litigation and knowing what documents your clients need in place in light of changes in the law. Tracey E. Diamond and Beth Lincow Cole are employment law attorneys with the law firm of Hyland Levin LLP in Southern New Jersey. Following law school, Ms. Diamond served as a law clerk to Judge Shirley Wohl Kram in the Southern District of New York and worked at large law firms in New York and Philadelphia, as well as in several in-house positions. In addition to her legal practice, Ms. Diamond teaches employment law and contract drafting at Drexel University’s Earle Mack School of Law. In addition to being of counsel to Hyland Levin, Ms. Cole has her own firm. Following law school, Ms. Cole served as a clerk for the Honorable Michael Winkelstein, former Presiding Judge of the Civil Division in Atlantic County. She has also worked at both national and regional firms and was recently named among the Legal Elite by Philadelphia SmartCEO magazine. Ms. Diamond and Ms. Cole advise and counsel corporate clients on workplace issues such as avoiding litigation, drafting contracts, drafting and implementing policies and procedures, negotiating employment and severance agreements, creating handbooks, presenting harassment training courses, and representing clients in administrative hearings before federal and state courts.

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2 Philadelphia Bar Reporter May 2011 philadelphiabar.org Frontline

Editor-in-Chief Asima Panigrahi, Esq. Equal Justice for All is Goal with Editor Emeritus Bruce H. Bikin, Esq. Bar’s Support of Civil Gideon Associate Editors Heather J. Austin, Esq. Ria C. Momblanco, Esq. The phrase “equal justice under law” is it held in Gideon v. By Rudolph Garcia and in child custody Regina Parker, Esq. literally etched in stone over the entrance Wainwright, 372 U.S. cases. It also advocated Thomas L. Bryan, Esq. to the Supreme Court building in our 335 (1963), that crimi- the development of an Edward P. Kelly, Esq. nation’s capital. Indeed, our entire govern- nal defendants have a education and commu- Sarah L. Hopkins, Esq. Julia Swain, Esq. ment depends on the rule of law, which constitutional right to an nications plan to inform Nicole Edwards, Esq. presumes that everyone has equal access attorney. the legal community Angie Halim, Esq. to justice. But for many, that fundamen- With very limited and the public about the tal tenet of our society is nothing more exceptions, however, critical need for counsel Contributing Editor Richard Max Bockol, Esq. than a fanciful myth. no such right has been in such cases. According to a recent report by the recognized in civil cases. The current co-chairs Advisory Editors Legal Services Corporation, there are For example, a single of our task force are two Sunah Park, Esq. 6,415 low-income people in this country mother has a right to an of the most prominent Molly Peckman, Esq. per legal aid attorney. That is 15 times as attorney when facing members of our public Associate Executive Director, many as the number of other people per 30 days probation, but no right to an interest community, Catherine C. Carr Communications private attorney. Despite their best efforts, attorney when facing the loss of her home and Joseph A. Sullivan. In addition, the Mark Tarasiewicz legal aid organizations are often forced to or loss of her child’s custody. task force members include an all-star cast Senior Managing Editor, turn away at least as many people as they This is why our Bar has been work- of dedicated lawyers and judges. They are Publications serve. ing to establish a civil version of Gideon, continuing to work on pilot projects and Jeff Lyons We all know that unrepresented parties which would provide a right to counsel communications, and are monitoring do not fare as well in court as those with in adversarial proceedings where basic similar efforts in other states. Executive Director lawyers. The reasons are obvious. At- human needs are at stake. One state that has made significant Kenneth Shear torneys know how to navigate the system In 2009, our Civil Gideon Task Force progress is New York, largely because its The Philadelphia Bar Reporter (ISSN 1098- and effectively advocate their positions. was formed under the leadership of highest judicial officer has championed 5352) is published monthly and available by Pro se litigants do not. As a result, those Chancellor Sayde Ladov. After several the cause. In Chief Judge Jonathan subscription for $45 per year by the Philadel- phia Bar Association, 1101 Market St., 11th who can afford attorneys have a signifi- months of diligent work, its Preliminary Lippman’s view, ”No issue is more floor, Philadelphia, PA 19107-2911. Periodicals cant advantage over those who cannot, Report, Findings and Recommendations fundamental to our courts’ constitutional postage paid at Philadelphia, PA POSTMASTER: even when the court does what it can to were adopted by our Board of Governors. mandate of providing equal justice under Send address changes to Philadelphia Bar Re- porter, c/o Philadelphia Bar Association, 1101 level the playing field. The report endorsed the development of the law than ensuring adequate legal Market St., 11th floor, Philadelphia, PA 19107- The Supreme Court acknowledged pilot projects in the defense of eviction representation.” Chief Judge Lippman 2955. Telephone: (215) 238-6300. Association Web site: philadelphiabar.org. Newspaper e- that disparity almost 50 years ago when and mortgage foreclosure proceedings, continued on page 14 mail address: [email protected]. The edi- torial and other views expressed in the Phila- delphia Bar Reporter are not necessarily those of the Association, its officers or its members. Commission Lists Judicial Recommendations Advertising rates and information are available from David Hoeckel at MediaTwo, 1014 W. 36th Rudolph Garcia, Chancellor of process by the Bar’s announced deadline Commission are community leaders, offi- St., Baltimore, MD, 21211. Telephone: (443) 909-7824 or e-mail david.hoeckel@mediatwo. the Philadelphia Bar Association, has of Dec. 8, 2010. cials including the Chief Public Defender, com). announced additional results of the As- “We invite people to learn about these City Solicitor, and the President Judges Page 1 skyline photo by Edward Savaria, Jr./PCVB sociation’s investigation into the qualifi- candidate ratings by visiting our website of Common Pleas Court and Municipal cations of candidates for the Philadelphia at www.philadelphiabar.org,” Garcia said. Court, and representatives of minority Court of Common Pleas and candidates The Chancellor pointed out that the As- legal groups and various sections of the for Philadelphia Municipal Court in the sociation’s Campaign for Qualified Judges Bar. Tell Us May 17 primary election. The investiga- has launched a banner that appears on the The ratings by the 30-member Judicial What You Think! tion was conducted by the Association’s homepage of the Association’s website. Commission follow extensive study and The Philadelphia Bar Reporter Commission on Judicial Selection and The banner contains a link to print the investigation by the Commission’s own welcomes letters to the editors for Retention. candidates’ ratings so voters can bring the 120-member investigative division, which publication. Letters should be typed. Garcia noted that the list of “Recom- list to the polls. Garcia said the Associa- includes 30 non-lawyer members. Can- There is no word limit, but editors mended” and “Not Recommended” tion wants voters to know “not just who didates found “Recommended” satisfied reserve the right to condense for candidates announced April 26 includes to vote for but why the judicial elections a cumulative review of criteria including clarity, style and space considerations. additional names of candidates whose are so important and why we invest so qualifications such as legal ability, experi- Letters must be signed to verify investigations were completed since the much time and energy in reviewing and ence, integrity, temperament, community authorship, but names will be withheld upon request. Letters may be mailed, original list of ratings was released by rating these candidates. This is the one involvement and judgment. Complete faxed or e-mailed to: Jeff Lyons, Senior the Bar Association on April 4. The list place for voters to find a thorough, non- details can be found at www.philadelphia- Managing Editor, Philadelphia Bar announced April 26 also removes the partisan, objective rating of the candi- bar.org. Reporter, Philadelphia Bar Association, names of previously rated candidates who dates.” “The Commission will complete more 1101 Market St., 11th floor, Philadel- have withdrawn from the ballot since The Commission on Judicial Selec- than 40 evaluations of candidates for the phia, PA 19107-2955. Phone: (215) April 4. The ratings provide the results tion and Retention is independent and 11 open seats on Common Pleas Court 238-6345. Fax: (215) 238-1159. E-mail: for candidates who are on the ballot who non-partisan. It includes lawyers and and Municipal Court,” said Commission [email protected]. submitted to the Association’s evaluation non-lawyers. Among the members of the continued on page 14 philadelphiabar.org May 2011 Philadelphia Bar Reporter 3 Bench-Bar CLE Highlights Register Appellate Courts Committee Profession • Must I, May I, Should I: Primer on When to Appeal Family Law Section Now for Bar-News Media Committee • Facing Facebook, Facing Ourselves: Social Media in Child • Social Media and Litigation: Wrangling the Wild West Custody Litigation Business Litigation Committee Probate and Trust Law Section, Young Lawyers Division Bench-Bar • Attorney-Client Privilege in the Corporate Environment: • Orphans Court for the Uninitiated Practical Approaches and Recent Developments Public Interest Section Criminal Justice Section • Civil Gideon at Harrah’s • Problems with Misidentification Issues in Criminal Cases State Civil Litigation Section n By Jeff Lyons • Civil Consequences of Criminal Convictions • Right to Privacy vs. The Public’s Right to Know Criminal Justice Section, Young Lawyers Division • Tom Kline’s “Real World” in the Courtroom: Real Testi- Registration is now open for the • Nuts and Bolts of Municipal Court Practice for Criminal mony, Real Trials 2011 Bench-Bar & Annual Conference Practitioners Workers’ Compensation Section Oct. 14-15 at Harrah’s Resort Atlantic Diversity in the Profession Committee • Subrogation Set-Asides, Reimbursement, Conditional Pay- City, with a wide variety of CLE pro- • Survey Says: An Empirical Look at Diversity in the Legal ments for Civil Litigators grams available. Registration for members is $349 if booked by Sept. 16. For non-members, registration is $399. Members of the May CLE Calendar Young Lawyers Division and public inter- est and government attorneys can attend These CLE programs will be held at for $199. The CLE Conference Center, Wanamaker Building, 10th Floor, For those wishing to attend only the Suite 1010, Juniper Street entrance unless otherwise noted. Grand Reception at The Pool at Harrah’s on Friday, Oct. 14, tickets are $150 for all members and $175 for non-members. 5/5 • Tough Problems in Workers’ Compensation 2011 Tickets will be an additional $25 if pur- chased at the door. 5/10 • Presentations of a Custody Evaluation in a Complex Custody Trial For those wishing to attend Friday’s session only, tickets are $299 for mem- 5/11 • Medical School for Lawyers: Into the Anatomy Lab bers, $149 for the Young Lawyers Divi- • Presenting Excellence for Lawyers 2011 sion and government or public interest attorneys and $349 for non-members. • Labor law for Construction Lawyers Members and guests wishing to at- tend without receiving CLE credit will 5/12 • Basics of Consumer Bankruptcy Practice pay $200. For non-members, the cost is $225. Admission includes all sponsored 5/16 • Legal Writing Techniques for Winning Arguments 2011 meals and events. • Corporate Ethics and Compliance Those wishing to attend programs on Saturday, Oct. 24 will only pay $229, 5/17 • Movie Magic: How the Masters Try Cases while YLD members and government and public interest attorneys can attend • How to Avoid “Nightmares”: Marcellus Shale Planning Techniques for $79 and $279 for non-members. CLE seminars are being offered by the 5/18 • TSA: Putting Down Your Rights — Part of PBI’s Public Policy Series Appellate Courts Committee, Bar-News Media Committee, Business Litigation 5/19 • Trial Evidence: Artistry & Advocacy in the Courtroom Committee, Criminal Justice Section, Diversity in the Profession Committee, 5/20 • The Preparation and Trial of the Products Liability Case: A Course Family Law Section, Probate and Trust for the Experience Practitioner Law Section, Public Interest Section, State Civil Litigation Section, Work- 5/23 • Medicare, Medicaid and ERISA Compliance ers’ Compensation Section and Young Lawyers Division. A state of the court 5/24 • Ninth Annual Nonprofit Institute program with presiding judges from state and city courts will be the closing lunch 5/25 • Representing the Small Business from Start-Up to Succession: program. Chairs of the 2011 Bench-Bar & An- Making Bread Without Getting Jammed nual Conference are Shelli Fedullo and Jeffrey Gross. WebCheck

To register for the Bench-Bar & Annual Conference, please visit  www.pbi.org  800-932-4638 philadelphiabar.org.

4 Philadelphia Bar Reporter May 2011 philadelphiabar.org Nutter: Deficit Reductions Hit Hard at Local Level n By Jeff Lyons there, delay and talk and point-scoring walking down the street, in three years, police force and a third of her firefighters. seems to be the main thing,” he said. no one has walked up to me and said ‘I Or (Newark) Mayor Booker who has had All of the rhetoric going on in “There are a ton of new people in Con- really need a job but on the other hand I to do some of the same things. No one Washington and Harrisburg about gress who ran on whatever platform they really need you to get that deficit down.’ is running up to the governor and saying reducing budget deficits is being felt here ran and now want to try to execute some It just doesn’t happen.” ‘oh my goodness, why are you cutting the in Philadelphia, with senior citizens and of these things in real life. They want to The state budget cuts will have more police force?’ They’re calling the mayor. children feeling most of the pain, Mayor cut, cut, cut with no particular regard to potential impact on the city, not so much No one goes to a member of Congress Michael Nutter told Bar Association the consequences of their actions because the city government but the city itself, the and says ‘what about my CDBG pro- members at an April 21 Chancellor’s this is a philosophical exercise as opposed mayor explained. “The proposals, with gram?’ They call us.” Forum. to the day-to-day running of the govern- regards to cuts in education, will have a Nutter said mayors all across the “I describe my job as having the re- ment,” the mayor said. “Gratefully, they devastating effect on our school district. county are faced with these kinds of chal- sponsibility of getting things done. When didn’t shut the government down and The proposed cut to Temple University lenges while other external entities make you talk about Washington, for the they have even more cuts as a result and and many other colleges, universities and big decisions to solve their problems. moment, there can be no more absurd everybody’s happy. We’re now trying to hospitals will have a real impact on this “All they’re doing is transferring a lot of place in the universe than down there. figure out what to do as a result of having city. And it all gets pushed down at the that pain down to the local level. And We could not get away with the kind of $9 million less is CDBG funds. That’s a local level.” that’s where people expect service. I can nonsense that they do in Washington, bunch of people who will not get a job “You see some of the stuff going on in assure you no one is calling the president D.C. Here, you either picked up the trash or a bunch of seniors who will not have New Jersey and the commentators say about some of the stuff we’ll have to do. I or you didn’t. You either knocked down safe affordable housing as a result of their Gov. Christie is making tough decisions. support what he’s trying to get done but the abandoned building or took away the actions. I know deficit reduction is very No, the governor is pushing tough deci- there are real consequences on the ground abandoned car or you didn’t. We have important and you can’t keep running up sions down to (Camden) Mayor Redd and we’re the ones that have to hear about to get things done every day. And down that debt, but I have to tell you, when I’m who have to lay off 46 percent of her it.” Rendell is Lunch Speaker Judge Takes Questions at Federal Bench-Bar n By Jeff Lyons trict Court Judge Mary A. McLaughlin, Ronald H. Levine, moderator Jeffrey M. Former Governor Lindy and Robert A. Zauzmer. and Philadelphia Mayor Edward G. U.S. Magistrate Judges Linda K. Rendell will deliver keynote remarks at Caracappa and Henry S. Perkin, along the Friday, June 10 Federal Bench-Bar with moderator Bryan P. Werely, are the Conference presented by the Federal panelists for “What Your Magistrate Can Courts Committee. Do For You.” “The 2011 Federal Bench-Bar Confer- The program concludes with Reports ence promises an interesting and informa- on the State of the Court by Judge Joyner, tive morning, with panel discussions U.S. Bankruptcy Court Chief Judge and presentations by both new faces and Stephen Raslavich and Clerk of Court familiar ones in new positions,” said Fed- Michael E. Kunz. eral Courts Committee Vice Chair Ellen The lunch reception with Gov. Rendell Meriwether, chair of the conference. follows the program at 12:15 p.m. and The conference will also feature state- does not include CLE credit. of-the-court remarks from incoming Two substantive and one ethics CLE Chief Judge J. Curtis Joyner of the East- credits are available at the Federal Bench- ern District of Pennsylvania. The confer- Bar Conference, which will be held at the ence includes four panel discussions. Rittenhouse Hotel, 210 W. Rittenhouse U.S. District Court Judges Gene E.K. Square, from 9 a.m. to 12:15 p.m. Regis- Pratter (moderator), John R. Padova and tration and breakfast begin at 8:15 a.m. Berle M. Schiller are among the panelists Tuition, which includes course book, for “Ethical Do’s and Don’ts in Federal breakfast and lunch, is $195 for members Court.” Other panelists include Stephen of the Pennsylvania or any county bar D. Brown, Barry I. Gross, Gina M. Smith association; $175 for members admitted and Dennis R. Suplee. after Jan. 1, 2007; $225 for non-mem- The panel for the discussion “MDL bers; $175 for Philadelphia Bar Associa- Litigation and Lead Counsel Selection: tion Federal Courts Committee members Photo by Jeff Lyons Jeff by Photo What Every Practitioner Needs to Know” admitted before Jan. 1, 2007; $155 Phila- U.S. District Court Judge Joel H. includes U.S. District Court Senior Judge delphia Bar Association Federal Courts Slomsky addresses members of the Norma L. Shapiro, U.S. District Court Committee members admitted after Jan. Federal Courts Committee at its Podcast April 18 meeting. Judge Slomsky Judge Cynthia M. Rufe, Bryan L. Clobes, 1, 2007; $99 for paralegals attending discussed practices and proce- Spotlight moderator Roberta D. Liebenberg and with an attorney; and $129 for paralegals dures in the Eastern District and his Visit philadelphiabar.org to listen to Barbara T. Sicalides. attending alone. experiences since joining the court the podcast from this meeting. “Deconstructing the Sentencing To register for the Federal Bench-Bar in 2008. Guidelines” features panelists U.S. Dis- Conference, visit pbi.org. philadelphiabar.org May 2011 Philadelphia Bar Reporter 5 young lawyers division Barkann’s Sports Dream Returns to Philadelphia n By Sekou Campbell Podcast Comcast SportsNet’s Michael Bar- kann identified with young lawyers by Spotlight recounting his professional journey from Visit philadelphiabar.org to listen to weatherman to award-winning sports- the podcast from this meeting. caster and answered a range of sports questions from the audience at the Young Barkann then “played second string” to Lawyers Division’s Annual Meeting on the network’s sportscaster. That back-up

April 14 at the Crystal Tea Room. role allowed him to gain the experience Lyons Jeff by Photo Barkann used self-deprecating humor necessary to land a job on the sports desk Comcast SportsNet’s Michael Barkann predicts a shortened NFL season and a to express how he came to do what he at Channel 3 in Philadelphia, where World Series victory for the . loves, sportscasting. After journalism he worked for five years. After leaving school, his career started at the New Channel 3, he served as a correspondent matches Philadelphians’ fervor for their tainted by his animal cruelties; Doug Col- Jersey Network. Barkann noted that local for sporting events around the globe, teams. Barkann concluded his remarks lins provided a young Sixers’ team with cable in the early 1980s was less presti- like the U.S. Open tennis champion- with several colorful stories about his ex- good leadership this year; the Flyers will gious than the “minor leagues.” Further- ships and Winter Olympics. Later, while periences at the successful cable channel. likely represent the Eastern Conference in more, many years passed before he would working for ’s WLVI, Barkann got After his remarks, he opened the program the Stanley Cup Finals; the NFL lockout do anything sports related. Instead, he a call from former colleagues in Philadel- to a question-and-answer session. will result in an 11- to 15-week season; wrote copy for the network’s meteorolo- phia who wanted to “get the band back According to Barkann, Andy Reid has and, of course, the Phillies will win the gist. A number of serendipitous events, together.” presided over the most successful era in 2011 World Series. including a record-breaking blizzard in The band – what would become Eagles’ history despite never winning the 1983, led to him becoming the network’s Comcast SportsNet – went on to build Super Bowl; Michael Vick has the “it” Sekou Campbell (SCampbell@foxrothschild. permanent on-air weatherman. a powerhouse slate of programming that Donovan McNabb never had but is still com) is an associate with Fox Rothschild LLP.

6 Philadelphia Bar Reporter May 2011 philadelphiabar.org YLD Update May 14 Casino Night to Boost Bar Foundation

The Young Lawyers By Carolyn M. Chopko ever) Casino Night will Division will host its offer an opportunity first-ever Casino Night for everyone to partake YLD Honors Service & Annual Fundraiser in the evening’s events. on Saturday, May 14 The YLD has teamed up from 7 to 10:30 p.m. with a local event-plan- Casino Night, which ning group specializing replaces past years’ in Casino Night fund- Comedy Night, will be raisers to put our event held at the Radisson together. In addition to Plaza-Warwick Hotel, providing the tables, the 220 S. 17th St. company provides deal- This event is a very ers and a “pit boss,” all of important part of the year for the YLD. whom are well versed in the various card Since 2006, the YLD’s signature fund- games that will be available that evening. raiser has raised more than $140,000 for The experienced dealers recognize that the Philadelphia Bar Foundation. this may very well be someone’s first time Casino Night is the only fundraiser at an event like Casino Night and will be that the YLD hosts and we need your more than happy to explain the rules of help to make it successful. One of the each game (multiple times, if necessary) main reasons to support Casino Night is to make sure that everyone – whether Heather McDanel, Thomas D. Beilli and Natalie Hrubos accepted honors from the Young Lawyers Division at the YLD Annual Meeting on April 14 at because it helps to support a great cause seasoned or not – has an opportunity to the Crystal Tea Room. McDanel, the director of Students Run Philly Style, – all proceeds from the event benefit the participate in the evening’s activities. received the F. Sean Peretta Award. Bielli accepted the YLD Vision Award Philadelphia Bar Foundation, the chari- This year games of poker, blackjack, on behalf of his firm, Ciardi Ciardi & Astin. Hrubos received the Craig M. table arm of the Philadelphia Bar Associa- craps and roulette will be accompanied Perry Award for her pro bono work representing low-income transgender tion. The Bar Foundation embodies the by a three-hour open bar, a generous individuals. Philadelphia legal community’s commit- dinner buffet, DJ, and a big ticket raffle. ment to promoting access to justice. Every attendee will receive $200 worth of Each year the Foundation provides playing chips that can be used at any of YLD Chair Carolyn M. funding to approximately 30 local legal the 13 gaming tables. The more chips you Chopko presents a plaque to Immediate-Past Chair service organizations, representing those win, the more tickets you can exchange Albertine Y. DuFrayne at struggling with poverty, abuse and to enter the raffle, where you can win the April 14 Annual Meet- discrimination in our community. It is exciting prizes. ing in honor of DuFrayne’s crucial to support our local public interest Casino Night will also feature an service to the YLD. organizations and the attorneys who work extensive list of raffle prizes, including at those agencies. gift certificates to local restaurants and By attending and supporting Casino spas, gift baskets, Phillies tickets and Lyons Jeff by Photos Night, you support the public interest memorabilia, overnight stays and tours of segment of our community even if you Philadelphia landmarks, to name a few. are not in a position to have the time to I invite you to join the YLD in making Attorney DisciplinAry / ethics mAtters undertake pro bono work. Often, people this event successful by sponsoring and are reluctant or unable to actively par- attending Casino Night 2011. If you are ticipate in pro bono activities in light of interested in sponsoring the event, donat- time commitments and other obligations. ing an item to the raffle, or purchasing Casino Night provides the opportunity tickets, please visit the Bar Association’s to give support to all of the agencies website or contact me directly. I look simultaneously, while having a great time forward to seeing you on May 14! networking and socializing. Finally, Casino Night provides a great Carolyn M. Chopko (cchopko@feldma- opportunity to relax and have fun. You nshepherd.com), an associate with Feldman Statewide Pennsylvania and New Jersey matters  No charge for initial consultation will be able to network with attorneys Shepherd Wohlgelernter Tanner Weinstock Representation, consultation, and expert testimony in disciplinary matters and of all ages as well as other professionals, & Dodig LLP, is chair of the Young Lawyers matters involving ethical issues, bar admissions and the Rules of Professional Conduct all while enjoying the fantastic food and Division. James c. schwartzman, esq. open bar. Whether you are an avid player Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania  Former Federal Prosecutor  Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania  Pennsylvania Interest on Lawyers Trust or haven’t touched the cards in years (or Account Board  Selected by his peers as one of the top 100 Super Lawyers in PA  Named by his peers to Best Lawyers in America in the areas of legal malpractice and professional responsibility Dana pirone carosella, esq. Representing attorneys in disciplinary/ethics matters for 16 years To register for YLD Casino Night on Author/Speaker on ethics matters Saturday, May 14, please visit 1818 Market Street, 29th Floor, Philadelphia, PA 19103 WebCheck philadelphiabar.org. (215) 751-2863

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8 Philadelphia Bar Reporter May 2011 philadelphiabar.org Gold Standard Courts Can Always Improve n By Kari Samuels the criminal, family which are access of mandatory arbitration (30 percent), and traffic courts up to justice, fairness, mortgage foreclosure (23 percent), com- Even though it has been described and running on e- Podcast timeliness, efficiency, plex litigation/mass tort (22 percent) and as the “gold standard” when it comes filing; establish the Spotlight and effectiveness; major jury (17 percent). to access and administration of justice 311 call center as clearance rates; time Mapp said only 185 major jury cases Visit philadelphiabar.org to listen to in state courts, Philadelphia’s civil court the “go to” number the podcast from this meeting. to disposition; age went to verdict in 2010 (55 percent for administrator says there is always room to call for the public of active pending the defense), 150 arbitration appeals (56 for improvement. and practitioners to caseload; trial date percent for the defense), 47 mass tort (57 The National Center for State Courts have questions answered or be directed to certainty; reliability and integrity of case percent for the defense), 34 medical mal- said the city’s civil system has “all the the appropriate department; and main- files; collection of monetary penalties; practice (76 percent for the defense) and elements of what is necessary for ongoing tain a high level of performance. effective use of jurors; court employee seven commerce (all for the plaintiff). success in civil caseflow management” The third of these goals lies at the heart satisfaction; and cost per case. In closing, Mapp thanked the bar and and is “…better [in terms of civil jury of Chief Deputy Court Administrator Mapp also discussed the current inven- the judges for their assistance in making case performance] than that of any large Charles Mapp’s duties. He intends to tory of civil cases today as compared to the First Judicial District the success that urban trial court in the United States.” systematically integrate performance mea- the recent past. Approximately 40,000 it is, and emphasized that ongoing com- The NCSC also said Philadelphia has surement into the daily operations of the new civil cases are filed each year and munication between the court and the “…one of the finest and most successful court’s departments, focusing on caseflow another 40,000 cases are disposed of bar is necessary to identify opportunities urban trial courts in the country.” management, treatment of participants annually. He said the civil inventory of and to generate and implement solutions. Administrator David Wasson told the in the legal process and management of cases as of January 2011, was 36,361, as Rules and Procedure Committee on April internal operations. To do so, he will fo- compared to over 44,000 in 2005. The Kari Samuels ([email protected]) is an 6 about his three goals for the court – get cus on the NCSC’s CourTools Standards, bulk of the civil case inventory consists associate with McCarter & English, LLP. Mentors, Court Experience Help Build Path to Success n By Christine Soares slightly different track. After joining a firm in Boston as the first woman Their success in commercial litiga- and part-time attorney in the litigation tion is undisputed, and although their department, she moved to Philadelphia paths varied, their advice at the Women and began working at the U.S. Attorney’s in the Profession Committee Meeting on Office. She spent five years prosecuting March 29 was the same – find a mentor, white-collar crimes, and after the birth seek out opportunities to get into the of her first child, asked for a four-day Sherrie R. Savett (from left) Barbara W. Mather and Elizabeth K. Ainslie. courtroom, and come through when it is workweek, despite the fact that the office the benefit of part-time policies because and are working part-time. On the other essential. The panelists included Barbara had no part-time lawyers at the time. most women will return to the firm with hand, Mather recommended, and Ainsle W. Mather, Elizabeth K. Ainslie, and She then started her own firm, which a tremendous amount of commitment. and Savett agreed, that if women with Sherrie R. Savett. The successful litigators she recognized as the best move she had Savett feels an obligation to mentor children want to work at a full pace, they and leaders in their fields shared tips on ever made. It was there she learned to ask young women who are coming through should have short commutes and an ex- how to be successful litigators. clients for work and tried over 500 cases the ranks today. cellent support system with several layers Mather began her career at Pepper to verdict. Ainsle suggested that an ideal All three women agreed that women of back-up child care. Hamilton LLP as the firm’s second wom- time for women attorneys to start their who succeed in litigation have an excel- an attorney. She is now a partner at the own firm is after having children because lent work ethic and come through when Christine Soares ([email protected]) firm and past chair of the firm’s Litigation it offers women the flexibility to have a it is essential – even if they have children is an associate with Fox Rothschild LLP. and Dispute Resolution Department. better work-life balance. To gain valuable litigation experience, Savett started her career at Berger & Mather sought out work that would get Montague where she is chair of the Secu- Expert Witness her inside a courtroom, such as adversary rities Litigation Department and member (Real Estate and Title Insurance) work from the bankruptcy department of the Management Committee. Savett and injunction litigation involving restric- did not encounter many of the obstacles tive covenants. Mather observed that that she believes women encountered Mediator teaching was one of the most valuable at other large law firms because the (Commercial and Divorce) lessons because it taught her to be reason- partnership recognized talent despite ably engaging for 45 minutes. Mather an attorney’s gender, race or national- Experienced And Effective also noted that if a woman attorney wants ity. Although she struggled to find good Practiced over 30 years with a major law firm to be in charge of a case, she has to be female role models, she connected early viewed as someone who will, and can, try on with Mather and received valuable it to verdict. In order to create that per- advice about juggling work and home Robert M. Schwartz ception, women attorneys must volunteer life. Savett commented that not all cases 610-212-7344 for tough cases and seek out opportuni- go to trial and not every woman wants to ties to get into the courtroom. be first chair. She recognized that women [email protected] Ainslie, now a partner at Schnader could be valuable members of a trial team Harrison Segal & Lewis LLP, took a no matter what their role. She also noted philadelphiabar.org May 2011 Philadelphia Bar Reporter 9 The LegaL DirecTory is More VaLuabLe Than eVer!

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10 Philadelphia Bar Reporter May 2011 philadelphiabar.org civil rights committee Attorneys Find Fulfillment Report Offers in Public Sector Positions Ways to Quell n By Thomas L. Bryan Podcast One of the most significant decis- Violence in ions for any lawyer fresh out of law Spotlight school, or any lawyer considering chang- Visit philadelphiabar.org to listen to City’s Schools ing fields, is whether to work in the pri- the podcast from this program. vate or public sector. The three panelists n By Angie Halim at the March 30 Speakers Series program legal career at the Defender Association presented by the Government and Public of Philadelphia, followed by the Office Without question, violence and Service Lawyers Committee meeting of the Attorney General where she rose intergroup conflict in the Philadelphia were excellent examples of lawyers who to the level of senior deputy attorney public schools threatens students’ safety have found success, enjoyment and general. A one-time U.S. attorney, and and affects their ability to learn. personal fulfillment in legal careers in the partner at Ballard Spahr LLP, Faulkner The Philadelphia Commission on Hu- public sector. was appointed by Gov. Tom Corbett as man Relations (PCHR) recently issued a The panel, arranged by Committee Pennsylvania’s seventh inspector general report detailing the system-wide problem. Chair Deborah Cooper Nixon and in- in January 2011. The report, “Widening the Circle of troduced by Chancellor Rudolph Garcia, Faulkner shared with those present a Our Concern” provides a comprehensive included Zane Memeger, U.S. attorney very personal life stories. Born in Harlem, statement on intergroup conflict in the for the Eastern District of Pennsylvania; her mother passed away when she was Philadelphia public school system and Lyons Jeff by Photo Leigh Skipper, chief federal defender for three years old and her father aban- Kay Kyungsun Yu has chaired the issues findings and recommendations to Philadelphia Commission on Human the Eastern District of Pennsylvania; and doned her. Faulkner was taken in by her the school district. The PCHR initiated Relations since March 2009. Kenya Mann Faulkner, Pennsylvania’s grandfather who was already caring for a yearlong series of public hearings fol- inspector general. Each panelist shared in- 10 children at the time. He used to tell lowing the 2010 violent attacks on Asian cannot “be dealt with as an afterthought,” sight into their personal journeys toward her to “do her best” and “work hard,” and students in a South Philadelphia public cautioned Yu. careers as government attorneys and some these lessons have served Faulkner well school; the Commission interviewed 132 Yu also provided a summary of the key of the lessons they learned along the way. throughout her distinguished career. witnesses, read numerous written submis- changes to the Fair Practices Ordinance A 1991 graduate of the University Although Faulkner graduated law sions and held 11 public hearings. that was recently “overhaul[ed]” and will of Virginia School of Law, Memeger school with every intention of practic- In her April 4 presentation before go into effect on June 21. Originally bounced back and forth between the ing her entire career in the public sector, the Philadelphia Bar Association’s Civil enacted in 1963, the ordinance, among private and public sectors throughout she did not shy away from opportunities Rights Committee, Kay Kyungsun Yu, other things, defines protected classes, his career, serving as an assistant U.S. when they presented themselves, such chair of the PCHR, summarized the find- employers and public accommodations in attorney from 1995 to 2006, then as joining the white-collar litigation ings and recommendations of the report. Philadelphia. becoming a partner at Morgan, Lewis practice group at Ballard Spahr. However, Intergroup conflict in the school system is The ordinance, Yu said, will now have & Bockius LLP, and finally returning to Faulkner did return to the public sector a “system-wide problem” that will require three “brand new protected classes.” In the public sector as the U.S. attorney for when Gov. Corbett appointed her as system-wide coordination and change. addition to those already specified, the the Eastern District of Pennsylvania. An Pennsylvania’s inspector general. Along Yu explained that there is a “disconnect” ordinance will now recognize genetic in- underlying theme of Memeger’s presenta- with sharing her career story, Faulkner between the policies in place and what formation, familial status, and victims of tion was the importance of giving back to offered five suggestions for building happens on a day-to-day basis in the sexual and domestic violence as protected the community. This principal seems, at a successful and fulfilling legal career: schools. classes. The changes were made, in part, least in part, to have been the motivation work hard, treat people fairly, guard your The full report as well as the PCHR’s to comport with existing federal laws that for Memeger’s decision to leave Morgan reputation fiercely, love what you do, and findings and recommendations can be have expanded protected class categoriza- Lewis and return to the U.S. Attorney’s surround yourself with people who have found on the PCHR’s website at http:// tions. Office. Memeger believes that oppor- your interests at heart and will tell you the www.wideningthecircle.org. The nine Another “big change,” according to tunities rarely come without someone truth. recommendations issued to the school Yu, is the ordinance’s revised definition of putting his or her reputation on the line No conversation of private versus pub- district were created to address the priori- employer. Fraternal, charitable organiza- by vouching for other attorneys. There- lic sector jobs would be complete without ties of resolving, tracking and preventing tions and nonprofit organizations, sectar- fore, Memeger urged, producing excellent some mention of the pay disparities intergroup conflicts in the school system. ian and religious groups are no longer work is essential to success in the legal between the two. Memeger addressed this Yu listed and explained the PCHR’s nine excluded from the ordinance. Beginning profession. issue at the end of the meeting admit- recommendations to the school district. June 21, they will fall within the defini- Skipper began his legal practice as a ting that salaries in the private sector are In summary, the school district, among tion of an “employer” for the purposes of state defender, followed by a move to significantly more than in the public, but other things, needs to recognize the scope the ordinance. the Federal Community Defenders for also stressing how rewarding public sector of the problem, make sure appropriate the Eastern District of Pennsylvania work can be. He described the satisfaction district policies are in place and enforced, Angie Halim is a member of the Editorial where he practiced for more than two he has personally felt prosecuting some create a reporting system that everyone Board of the Philadelphia Bar Reporter. decades, and finally securing his position of his cases while at the U.S. Attorney’s understands, and accurately track those as the chief federal defender. Skipper Office. Memeger described being able to conflicts reported. Another significant echoed Memeger’s message regarding the serve our communities as a government problem, Yu said, is that the school dis- importance of producing excellent work. attorney as “one of the most rewarding trict does a poor job providing language Podcast He stressed that reputations built on the things you can do.” access services for immigrant students Spotlight foundation of excellent work product or for students and families who do not Visit philadelphiabar.org to listen to positively affect an attorney’s career as well Thomas L. Bryan is an attorney with the City speak English fluently. Communication the podcast from this program. as his or her day-to-day professional life. of Philadelphia and an associate editor of the in appropriate language is critical and The final speaker, Faulkner, began her Philadelphia Bar Reporter. philadelphiabar.org May 2011 Philadelphia Bar Reporter 11 bar-news media committee Follow 5 Generally, if you owe more money on your Steps for student loans than Keep Media on Message, what you earn then Loan Help you will likely qualify Former Reporter Advises for this repayment n By Edward P. Kelly n By Mary-Kate Breslin program. When speaking to reporters, it’s Podcast By following five steps, public important to boil your message down to Spotlight service attorneys can earn student loan the basics, a communications expert and Visit philadelphiabar.org to listen to forgiveness without tax implications, ac- job. Any government job counts so long former Action News reporter recently the podcast from this event. cording to an expert on education debt. as you are working directly for that gov- told members of the Bar-News Media Heather Jarvis discussed the College ernmental entity. Government contrac- Committee. Cost Reduction and Access Act at an tors and court-appointed attorneys do Karen Friedman, founder of Karen Friedman put it, in “media land” less is April 12 program sponsored by the Uni- not qualify for this program. Working Friedman Enterprises, Inc., talked about more so narrow your focus. Think about versity of Pennsylvania Law School. for a nonprofit 501(c)(3) organization how to speak to the media when the the “headline” and figure out your top Jarvis said to earn loan forgiveness, qualifies, and most legal service agen- stakes are high. She shared advice about three messages based on that headline. you must first make 120 payments (every cies are considered not for profit. Also, building a more effective relationship Do not leave it up to the reporter to get month for 10 years) on your loans. Sec- you need to be working full-time to be with the media and how to help the me- your message out, but instead try to insert ond, you need to make the right kind of eligible which under the law is a mini- dia tell the story that you want told. your points into the conversation. Ac- payments by selecting the income-based mum of 30 hours per week. If you have It is important to remember that knowledge the question, give an answer, repayment option. Payments are based on two part-time jobs that qualify for public reporters are not your friends, Friedman and then bridge in order to communicate your family size and your adjusted gross service, and between the two of them you said. They have a job to do and that your message. Avoid repeating a reporter’s income. You must demonstrate a finan- work a minimum of 30 hours per week, job is to tell the story. Reporters gather words, and instead be positive and cial hardship to qualify. Generally, if you then you will meet the criteria for loan facts and condense them into digestible upfront with your own message. Good owe more money on your student loans forgiveness. You do not have to work 10 nuggets for public consumption, known communicators facilitate understanding than what you earn then you will likely consecutive years in public interest either. as sound bites. Another concept to keep so keep things as simple as possible. qualify for this repayment program. If If you leave the public interest sector to in mind is that sometimes the court of On the topic of apologies, Friedman you are married and file joint income tax work in the private sector for a period of public opinion is as important, if not believes they are overrated because every- returns with your spouse then you need time, and then you return to a qualifying more important, than the court of law. body apologizes. It is her opinion that the to include your spouse’s income when public interest job then you can simply Human beings feel first, and think sec- general public does not believe apologies determining your adjusted gross income pick up where you left off, so long as you ond. Therefore, reporters go after stories like they did a decade or two ago. If you for repayment purposes. continue to make payments. that are emotional. need to apologize, the apology needs to Third, make payments on the proper Fifth, you need to be able to prove the In a crisis situation, there are two ques- be sincere and your actions must back loans. Federal Direct Loans are the only first four steps when the 10 years is over tions that a reporter will ask: “When did up the apology. Friedman’s take on social ones available for federal loan forgiveness. and you are ready to have your remaining you know about it?” and “What did you media is that while it has made it easier to If you have loans that are not Federal loans forgiven. There is presently no clear do about it?” In that situation, Friedman reach people, it has also made it harder to Direct Loans then you should consolidate way of doing this. So for now, do your advised a “gut check” before responding control the message. And she emphasized them, or reconsolidate them into Federal best to file away documentation of where since usually one knows intuitively what’s that “You are the message,” not only with Direct Loans. Go to www.nslds.ed.gov you have worked and the payments you right and what’s wrong. She also advised what you say, but how you say it. to determine which loans you have. have made. removing the words “no comment” from Also, visit www.finaid.org to input your your vocabulary. If you are unable to offer Edward P. Kelly ([email protected]), a personal loan and salary information and Mary-Kate Breslin (marykatebreslin39@ a comment, explain why. partner with Astor Weiss Kaplan & Mandel, determine how you can benefit. gmail.com) is a third-year law student at When speaking to a reporter, you must LLP, is an associate editor of the Philadelphia Fourth, you need to work at the right Drexel University Earle Mack School of Law. boil your message down to the basics. As Bar Reporter.

Chancellor Honored Chancellor Rudolph Garcia is joined by Michael Adler, president of the Temple University Law School Alumni Association, and Temple University Beasley School of Law Dean JoAnne A. Epps at the law school’s 36th Annu- al Law Day Reception at the U.S. Courthouse on March 30. Garcia, a 1977 graduate of Temple Law School, was honored at the event. Photo by Jeff Lyons Jeff by Photo

12 Philadelphia Bar Reporter May 2011 philadelphiabar.org philadelphiabar.org May 2011 Philadelphia Bar Reporter 13 Bar Academy to Present Phillies VP Michael Stiles May 12

Philadelphia Phillies senior vania as well a judge in the Phila- Visit philadelphiabar.org to Vice President of Administra- delphia Court of Common Pleas, register for this Philadelphia Bar tion & Operations Michael joined the Phillies in April 2001. WebCheck Academy program. Stiles will discuss his job with He became senior vice president the team and other facets of the in February 2007. Stiles played a Learn first-hand about Phillies man- lines, and more! This unique event will organization at a Thursday, May key role in the team’s move from agement’s perspectives on a team that feature a special video presentation and 12 program presented by the Veterans Stadium to Citizens has truly “broken through” to the big ballpark-inspired treats. All registrants will Philadelphia Bar Academy. Stiles Bank Park. He also spent 12 leagues, what it means for Philadelphia automatically be entered into a drawing Stiles, former U.S. Attorney years in the Philadelphia District to win a major championship, legal and to participate in an private VIP tour of for the Eastern District of Pennsyl- Attorney’s Office. public relations issues from today’s head- on June 22.

Frontline the government much more than Judicial Joseph J. O’Neill continued from page 3 it would cost, by reducing the need continued from page 3 Kenneth J. Powell Jr. for social services. Chief Judge Fran Shields formed a task force and scheduled Lippman’s task force concluded that Chair Richard S. Seidel. “That is an enor- Joseph C. Waters Jr. public hearings on the unmet need New York receives nearly a 5-to-1 re- mous undertaking involving many hundreds Edward C. Wright for counsel in civil cases. He then turn on every dollar spent to support of interviews by the investigative division and The following judicial candidates, listed al- proposed a $100 million increase organizations that provide civil legal careful review, consideration and deliberation phabetically, were found “RECOMMEND- in state funding for lawyers who services. A similar study in Texas by the Commission.” ED” for election to Municipal Court: represent the poor in civil cases that found that for every dollar the state The following judicial candidates, listed Derrick W. Coker deal with “the essentials of life,” such spends for indigent civil legal ser- alphabetically, were found “RECOM- Vincent L. Johnson as housing (eviction and mortgage vices, the overall annual gains to the MENDED” for election to the Court of The following judicial candidates, listed foreclosure) and family matters (do- economy are $7.42 in total spend- Common Pleas: alphabetically, were found “NOT RECOM- mestic violence, children, and family ing, $3.56 in gross output and $2.20 Drew Aldinger MENDED” for election to the Court of stability). in personal income. With returns Giovanni O. Campbell Common Pleas: The $100 million increase was to like that, even fiscal conservatives Anne Marie B. Coyle Kenneth Citrino be phased in over four years, starting might find Civil Gideon appealing. Charles Ehrlich Jim Divergilis with $25 million this year. That level If you would like to hear more Michael Fanning Tom Fitzpatrick of funding is now in doubt because about Chief Judge Lippman’s per- Angelo J. Foglietta Beverly Muldrow a recent budget agreement slashed spective on these issues, please join Vince Giusini Meredith Seigle-DiClaudio $170 million from the court’s fund- us on June 27 at our next Quarterly Roger F. Gordon,Jr. Lopez T. Thompson ing for 2011. Chief Judge Lippman Meeting. He has graciously agreed to Daine Grey Jr. Ted J. Vigilante has still pledged to do his best, say- be our keynote speaker at that event. Jonathan Q. Irvine Nycole Watson ing, “I will do everything I can pos- And for more information gener- Vincent L. Johnson The following judicial candidates, listed sibly do to support civil legal services ally, please visit our Civil Gideon Sean Kennedy alphabetically, were found “NOT REC- in the state, subject to the resources Corner at www.philadelphiabar.org/ Robert M. Kline OMMENDED” for election to Municipal when balanced with our responsi- page/CivilGideon. Sayde J. Ladov Court: bility to keep our courtrooms and Harry J. Levant Kenneth Citrino courthouses open to all.” Rudolph Garcia (chancellor@philabar. Christopher Mallios Jr. Martin S. Coleman Such funding for Civil Gideon org), a partner with Buchanan Ingersoll Barbara A. McDermott Meredith Seigle-DiClaudio in Pennsylvania may sound like a & Rooney PC, is Chancellor of the Maria McLaughlin Anita Smith pipe dream in the current economic Philadelphia Bar Association. Carolyn H. Nichols Nycole Watson climate, but it might actually save J. Scott O’Keefe Bar Leaders Welcome New Citizens Photos by Jeff Lyons Jeff by Photos Vice Chancellor Kathleen D. Wilkinson (left photo) addresses new citizens at a March 24 naturaliza- tion ceremony presided over by U.S. District Court Judge Joel H. Slomsky. Philadelphia Bar Founda- tion President Wendy Beetlestone (center) and Young Lawyers Division Treasurer Aneesh A. Mehta (right) spoke at an April 14 ceremony with U.S. District Court Judge Gene E. K. Pratter presiding. Both events were sponsored by the Philadelphia Bar Association.

14 Philadelphia Bar Reporter May 2011 philadelphiabar.org PNC Perspectives The Advantages of a Corporate Fiduciary The interview series conducted by Given By Jackie B. Lessman PNC Wealth Management senior vice the breadth president Jackie Byrne Lessman, CFP®, of a fiducia- explores distinct topics and issues relevant ry’s duties, to the legal community ranging from in- and because vestment management, wealth planning, exposure any specific person. Use of this report is dependent upon the trust, estate services and other PNC areas to personal PNC has a long tradition of judgment and analysis applied by duly authorized investment personnel who consider a client’s individual account circum- of expertise. liability fiduciary service and we remain stances. Persons reading this report should consult with their As a PNC liaison to the legal com- attaches to committed to that tradition. As part PNC account representative regarding the appropriateness of munity, Lessman specializes in working those du- of the advisory team we will work to investing in any securities or adopting any investment strategies discussed or recommended in this report and should understand with law firms and attorneys regarding ties, the understand your clients’ priorities and that statements regarding future prospects may not be real- their banking needs, as well as class action following to implement them. When the time ized. The information contained in this report was obtained from plaintiff firms and claims administra- five factors comes to step into a fiduciary role, sources deemed reliable. Such information is not guaranteed as to its accuracy, timeliness or completeness by PNC. The in- tors. Lessman is committed to leveraging are critical to the effective administration we will use that understanding to assure formation contained in this report and the opinions expressed PNC’s in-depth resources to cultivate of a trust or estate: technical expertise, continuity and fulfillment of your clients’ herein are subject to change without notice. PNC does not pro- relationships with regional law firms and impartiality, permanence, accountability goals. vide legal, tax or accounting advice. attorneys by offering support and solu- and cost. The PNC Financial Services Group, Inc. (PNC) provides invest- ment and wealth management, fiduciary services, FDIC-insured tions. What specifically does a corporate Jackie Byrne Lessman, CFP® (jacqueline. banking products and services and lending and borrowing of In an interview with Leanna Johannes, fiduciary bring to the table that an [email protected]; 215-585-5831), PNC funds through its subsidiary, PNC Bank, National Association, J.D., vice president and senior wealth individual fiduciary may not bring? Wealth Management Senior Vice President. which is a Member FDIC, and provides certain fiduciary and agency services through its subsidiary PNC Delaware Trust planner at PNC, we discussed when to In terms of technical expertise, the For more information, visit pnc.com/wealth- Company. PNC does not provide legal, tax or accounting advice. choose a corporate fiduciary rather than a corporate fiduciary has investment, trust management Investments and Insurance: Not FDIC Insured. No Bank or Fed- family member. administration, and estate administra- eral Government Guarantee. May Lose Value. Jackie Lessman: Do you feel that tion expertise. Further, as a disinterested This article is furnished for the use of PNC and its clients and does not constitute the provision of investment, legal or tax ad- © 2011 The PNC Financial Services Group, Inc. All rights re- corporate fiduciary appointments are (though not uninterested!) third party, the vice to any person. It is not prepared with respect to the specific served. under-utilized in estate planning? corporate fiduciary is naturally impartial. investment objectives, financial situation or particular needs of Leanna Johannes: I do. Often, clients In terms of permanence and account- and their advisers assume that a family ability, the corporate fiduciary provides member is the best choice to serve as continuity of administration (important INCORPORATION AND trustee and executor. In addition to per- in particular for trusts that last for genera- ceiving this option as less costly, they also tions or in perpetuity) and generally car- LIMITED LIABILITY COMPANY believe that a family member best knows ries insurance as a cost of doing business and understands the family’s unique and otherwise has substantial financial FORMATION SERVICES needs. A corporate fiduciary, however, resources. In addition, a corporate could be a better choice for the adminis- fiduciary carries with it the benefits of tration of complex trusts and estates. continuity of administration, corporate Can you explain for me the role of oversight, security for bank deposits and the fiduciary? custodial investment assets held by the A fiduciary, in the financial sense, holds corporate fiduciary, protection from fraud property for the beneficial interest of and embezzlement, strict confidentiality others. This unique relationship requires standards, ability to value unusual assets, the fiduciary to objectively exercise and and provide post-mortem tax planning. balance the duties of impartiality and Can a corporate fiduciary be more • PREPARATION AND FILING SERVICES IN ALL STATES loyalty, and act with a high degree of care. or less cost effective than using a family One type of fiduciary in which the trust member? • CORPORATION AND LIMITED LIABILITY COMPANY OUTFITS holds legal title to assets – the trustee – is Where the family member usually has • SAME DAY SHIPMENT OF YOUR ORDER obligated to serve the best interests of the no expertise and will need to hire profes- CORPORATE STATUS REPORTS trust’s beneficiaries in accordance with the sionals to coordinate the work, naming • provisions of the trust agreement estab- a corporate fiduciary may be far more • UCC, LIEN AND JUDGMENT SEARCH SERVICES lished by the trust’s creator – the grantor. efficient and less costly in the long run. • DOCUMENT RETRIEVAL Another type of fiduciary – the executor Corporate fiduciaries often have strategic – must notify the beneficiaries, inventory partnerships with specialists to manage • REGISTERED AGENT SERVICE IN ALL STATES the estate, gather the assets, identify the real estate and closely held business inter- debts, obtain appraisals, make and pay ests. On the flip side, hiring a corporate all taxes and debts within time limits, fiduciary may be less cost effective when M. BURR KEIM COMPANY prepare and file tax returns, and distribute the estate is relatively small, family con- the assets according to the terms of the flicts are minimal, most or all assets are in Phone: 215-563-8113 Fax: 215-977-9386 decedent’s will. joint name, no stepchildren are involved, 2021 ARCH STREET What factors should a client and if there is a sole beneficiary, and someone PHILADELPHIA, PA 19103 their advisor consider in selecting a is able, willing and local to assume the www.mburrkeim.com trustee or executor? responsibility. philadelphiabar.org May 2011 Philadelphia Bar Reporter 15 Bar Foundation Grantees Partner with Medical Providers Every year toward By Wendy Beetlestone participating in a larger the end of summer, strategy, then more indi- Memorial Gifts Recognized the Bar Foundation viduals could be served, interviews the executive outcomes could be From time to time, the Philadelphia Bar Foundation receives contributions or a directors of the legal improved and the quality fund in memory of someone who has died or, on a happier note, to mark a spe- organizations that have of life enhanced. cial occasion or honor an achievement. Philadelphia lawyers are a special breed. applied for grants. It is The awareness of a We honor them when we make a gift to the Bar Foundation that is then used to one of the high points correlation between assist Philadelphia’s public interest lawyers and the clients to whom they provide of our year because medical problems and legal services. through that process we legal needs is nothing get a better understand- new. It is well docu- In Memoriam ing of our grantees’ mented that low-income • Given by Francis P. Devine III in memory of David Braverman. needs and we hear people are dispropor- • Nancy K. Baron-Baer made a contribution in memory of Marvin Comisky, directly from them about their success tionately more likely to suffer from former president of the Philadelphia Bar Foundation, former Chancellor of the stories from the past year as well as their chronic or acute medical conditions than Philadelphia Bar Association and chairman emeritus of Blank Rome LLP. An icon concerns for the next. other segments of the population. The of the Philadelphia legal community for more than 60 years, Marvin Comisky During the 2010 grantee interview same sort of disparity exists relating to will be remembered for his commitment to fairness and justice, his visionary process, we learned that many of our the legal needs of this population as well. leadership and his legal acumen. grantees were working in partnership According to the Legal Services Corpora- • A. Harold Datz made a contribution in memory of Gail M. Derr. with medical facilities – hospitals and tion, on average, a low-income household • Given by Shirley and Mitchell W. Miller in memory of their cousin, Mitchell clinics – to develop a model to better has one-to-three unmet legal issues with W. Miller. serve their clients. It had become clear to only 20 percent of these issues ever being • Amy M. Tarr and Lynn E. Rzonca each gave a gift in memory of Julia Stepa- them that an important relationship exists addressed. Many of these low-income nuk, mother of Kevin Stepanuk of PECO/Exelon. between the legal services organizations individuals and families don’t have the re- and the medical community. They un- sources or the will to challenge the unlaw- In Tribute derstood that, especially in hospitals that ful actions of landlords, school districts or • Vickie Waitsman made a donation to honor Mitchell Bach, a recipient of the care for low-income people, doctors were government agencies that can affect their 2010 Wells Fargo Fidelity Award, presented to recognize significant accomplish- treating patients’ symptoms but could not health and safety. ments in improving the administration of justice. resolve myriad issues that, while associ- As Ben Beck-Coon, a staff attorney • Given by Abe and Sherri Reich to honor Jane Leslie Dalton, former Chancel- ated with their patients’ illnesses, were and Independence Foundation Public lor of the Philadelphia Bar Association and former trustee of the Philadelphia Bar not medical in nature. Often the patients Interest Law Fellow at the Legal Clinic Foundation, on the occasion of her retirement. would be released from the hospital into for the Disabled, says, “Traditional law • Given by Anita B. Weinstein to honor Elaine Rinaldi, former president of the untenable circumstances that had caused and health care treat the problems of poor Philadelphia Bar Foundation, for her dedication to and support of the Philadel- or exacerbated the illnesses that the doc- health and adverse social conditions in phia Bar Foundation. tors had just finished treating. isolation; breaking this cycle of vulnera- • Bernard M. Gross made a contribution to honor Debbie Gross, his daughter Here’s an example. At age 29, Don had bility is more likely if the professions mar- and an untiring member of the Philadelphia Bar Foundation Board of Trustees. an accident that left him a quadriplegic. shal their collective resources to improve • Given by Carolyn Landis, Terry Szabo, John Knutsen and Rebeccah Lijek He did not have insurance when he was both health and social well-being.” While in honor of the retirement of Jane Leslie Dalton, who has always been a loyal rushed to the hospital, so the process the doctors work on the physical health advocate and undaunted trailblazer. was started to sign him up for Medical of the patient, the lawyers address issues • Jane Leslie Dalton made a contribution in honor of retiring board president Assistance/Medicaid. Unfortunately the – social determinants including income, Amy B. Ginensky. process was never finished. When Don access to benefits, housing, conditions of needed additional surgery, he was still work – that impact the patient’s ability to uninsured, which stalled his surgery and recover. To make a contibution to the Phila- delphia Bar Foundation, please visit would ultimately have affected the level This type of reasoning gave birth to WebCheck www.philabarfoundation.org. of his long-term care. Legal Clinic for the the first medical legal partnership created Disabled worked with Don to get the by Barry Zuckerman in Boston in 1993. paperwork he needed to finish the Medi- One of the Philadelphia Bar Foundation’s abled is now one of the key forces behind Reed Smith, a private law firm that will cal Assistance/Medicaid application. His grantees, Legal Clinic for the Disabled, the development of medical legal partner- provide four volunteer attorneys to staff application was approved, and Don was was started using this model when its ships in our area. Much of its work is the medical legal partnership at the hospi- able to get the surgery he needed. founders realized a person who suffers with patients from Magee Rehabilitation tal that will serve children with disabilities As we talked to the grantees, we catastrophic injury or illness is vulnerable Hospital and, in 2009, it established a as well as parents with disabilities who concluded that the work of each of them to legal problems that must be addressed medical legal partnership for people with have non-disabled children. It has also could be magnified and have a far greater if rehabilitation is to be a success. The disabilities at the three federally quali- started working with Abramson Cancer impact if they shared best practices on Legal Clinic for the Disabled is still oper- fied nurse-managed health centers that Center at the Abramson Cancer Center at how best to develop and implement ating under this model and works directly comprise the Family Practice & Counsel- Penn Presbyterian Medical Center. medical-legal partnerships. So the Foun- with patients to address their legal needs, ing Network. And this month, the clinic Linda Peyton, executive director of the dation, through trustee Norm Weinstein, but also conducts training with medical is transforming a current children’s health Legal Clinic for the Disabled, is excited brought them together. The hope was residents and provides nursing staff with law initiative into a collaboration between about this model and its potential for that if the successes of these relationships ongoing training and information. St. Christopher’s Hospital for Children, promoting patient care. “It is so impor- could be expanded and more stakeholders In fact, the Legal Clinic for the Dis- the Legal Clinic for the Disabled and continued on page 17

16 Philadelphia Bar Reporter May 2011 philadelphiabar.org Ginsburg Legal Writing Entries Due May 9 Foundation continued from page 16 Entries are now being accepted for the Philadelphia missions will not be considered), and the author must certify Bar Association’s 2011 Justice Ruth Bader Ginsburg Pursuit that the submission has been prepared without substantial tant for our attorneys to be where the clients of Justice Legal Writing Competition. editing from others. are. Getting better isn’t easy, especially for the The co-chairs of the competition are Bar Association Vice “This year we have a wonderful panel to review the essays vulnerable patients who have all these external Chancellor Kathleen D. Wilkinson, partner at Wilson Elser that must focus on rights, privileges and responsibilities stressors that are affecting their health,” she Moskowitz Edelman & Dicker LLP, and Diane Penneys under federal law,” said Wilkinson. “We are very excited our said. Edelman, Assistant Dean for International Programs, Associ- panel includes Judges Gene E.K. Pratter and Juan R. San- Medical legal partnerships are a project area ate Professor of Legal Writing, Villanova University School chez from the United States Court for the Eastern District of in which the Bar Foundation hopes to better of Law. Pennsylvania.” support and enhance the work of our grantees. The Bar Association recognizes the importance of excel- Other judges are Brandi J. Brice, City of Philadelphia Law As part of this process, discussions have already lence in legal analysis and writing skills, and seeks to award Department; Leonore F. Carpenter, assistant Professor of begun with medical providers at the Center a student enrolled in an American Bar Association-approved Law, Temple University Beasley School of Law; Iva Johnson for Public Health Initiatives at the University or provisionally approved Philadelphia-area law school for Ferrell, Legal Writing Professor; Widener Law School; Debo- of Pennsylvania, the Department of Family & authoring a top-quality competition submission. rah S. Gordon, Visiting Assistant Professor of Law, Drexel Community Medicine at Jefferson Medical This competition is open to full- and part-time law University Earle Mack School of Law; Mitchell Nathanson, College, Crozer-Keystone Healthy Start as well students who are in their second or third year of study dur- Sarah E. Ricks, Clinical Professor & Co-Director, Pro Bono as the Health, Education, and Legal Assistance ing the 2010-11 academic year at one of the following six Research Project, Rutgers School of Law – Camden; Mela- Project at Widener University School of Law, a institutions: Drexel University Earle Mack School of Law, nie Taylor, Philadelphia District Attorney’s Office; Sandra A. medical-legal partnership in Chester. University of Pennsylvania Law School, Rutgers University Jeskie, Duane Morris LLP; and Anne Kringel, Legal Writing We are excited about this initiative and feel School of Law – Camden, Temple University Beasley School Director and Senior Lecturer, University of Pennsylvania that Peyton expressed the benefits of promul- of Law, Villanova University School of Law and Widener Law School. gating medical legal partnerships when she University School of Law (Delaware Campus). Part-time law Candidates may submit a law review quality submission said, “This is a holistic, humane way to address students in their third or later year of study are also eligible. on any topic relating to rights, privileges and responsibilities patient care. They call in specialists when there Students must be in good standing at their institutions. The under federal law. Entries must be received by Monday, May is a medical issue to be solved. Why wouldn’t submission may not have been published previously, al- 9 at 4 p.m. they call in specialists when there is a legal issue though it may have been prepared in connection with a law The author of the winning submission will receive a cash to be solved that is affecting the health of the school course or for a law journal. The submission also may award of $2,500, the publication of the winning submission patient?” not have been submitted for any other competition during in The Philadelphia Lawyer, on the Bar Association’s website the time when it is under consideration for this competi- and/or in an appropriate Bar Association publication. The Wendy Beetlestone ([email protected]), tion, until after the time when awards are announced. The winner will be invited to a Quarterly Meeting of the Bar As- a shareholder with Hangley Aronchick Segal & Pud- submission must be the work of one author alone (joint sub- sociation, at which time the award will be presented. lin, is president of the Philadelphia Bar Foundation.

philadelphiabar.org May 2011 Philadelphia Bar Reporter 17 Bar 5K Champ Goes for 13th Straight Win May 15 n By Muhammida El Muhajir

Twelve-time Bar Association 5K Run/Walk champion Neill W. Clark will be out to defend his winning streak at the 32nd Annual Charity Run on Sunday, May 15. Clark, an associate with Berger & Montague, P.C., says training for this year’s race hasn’t been smooth sailing due to a post-marathon injury. But he will be out there with hundreds of other runners in hopes of winning his 13th consecutive race in the legal division. “I was first introduced to the Bar Run fresh out of law school while clerking

for Judge Stephen E. Levin. I joined his Lyons Jeff by Photo team that year and we won. So when Neill W. Clark (wearing jersey No. 1) moves to the front of the pack during the 2010 Bar Association 5K Run/Walk. I started at Berger & Montague I was ally never have fans, family or friends event for people at every level, even kids. delphia Runner. highly anticipating returning to the race,” cheering me on. But at this race, my cli- And to top it off it benefits a wonderful The 32nd Annual Philadelphia Bar says Clark, who has been running since ents, colleagues and friends from the legal charity, the Support Center for Child Association 5K Run/Walk will be held the 7th grade. He was a college cham- community are out there giving me the Advocates, which provides free legal and on Sunday, May 15 on Martin Luther pion at Appalachian State University added boost. It’s that spirit of camaraderie social services to abused and neglected King Drive, adjacent to the Philadelphia and is currently a member of the Greater that makes this race unique for me.” children,” he said. Museum of Art. The race begins at 8:30 Philadelphia Track Club, an organization Thanks to Clark’s victories and success, “Each year I keep waiting for some a.m. For more information and registra- devoted to high-level age-group division the Berger & Montague team member- young stud, fresh out of law school, to tion, visit www.charityrun2011.com. competition. ship has increased every year. “It’s exciting take away my crown,” laughs Clark. But Clark touts the Bar Run as one of his to know that I’m inspiring others to come that won’t be an easy feat even with the Muhammida El Muhajir (melmuhajir@ favorite races in the country. “Because out to the race, even co-workers who have $200 cash award advertised for the lawyer advokid.org) is development officer for the many of my races are out of state, I usu- never run before. It’s a well-organized, fun that finally beats Clark courtesy of Phila- Support Center for Child Advocates.

18 Philadelphia Bar Reporter May 2011 philadelphiabar.org 20th anniversary of the public interest section Tales from the Front Lines of Pro Bono: PILCOP As we mark the Public Interest Sec- with a wonderful opportunity to meet of all the things an attorney is responsible and continues to provide to them. That tion’s 20th anniversary, this is the second and work with bright, motivated students for as a social engineer, none is greater nor would not have happened absent the in a series of articles about the experi- and members of the Lower Merion more basic that securing the equality of intervention of counsel. ences of attorneys providing pro bono community who truly care about closing education for our children. A lesson we assistance. These articles are the words of the achievement gap and removing the can learn from the facts underlying this Patrick Castañeda, associate, DLA Piper the volunteer attorneys. We hope their hurdles that African-American students pending litigation is that even though our LLP: experiences will encourage others to still face. I hope that the resolution of this nation has made great strides during the This case demonstrates that our na- vounteer. case can remove some of those hurdles past four decades in its commitment to tion has much work to do to achieve and push the school district one step diversity and inclusion, we would be re- the promise of Brown v. Board of Educa- John D. Huh, associate, DLA Piper LLP: closer to closing the achievement gap and miss to overlook arguably racially charged tion, 347 U.S. 483 (1954). In fact, some DLA Piper LLP and the Public Interest addressing the disproportionate number decisions made by school board officials authorities maintain that our schools are Law Center of Philadelphia (PILCOP) of African-American students in special that directly impact our local community more segregated now than ever before. are representing several current and for- education. At the end of the day, all classrooms and leaders of tomorrow. As This case provides an example of how an mer African-American students of Lower students should receive quality education an African-American woman, my entire ostensibly successful school district can Merion School District who were alleg- regardless of their race. The current and life has been shaped by the labors of offer one group of students a blue-ribbon edly discriminated against based on their former students who we represent simply the civil rights movement. Today, I am education while simultaneously deny- race. The lawsuit alleges that the school want to see this change take place and for honored to be part of a team determined ing another group access to that educa- district has a practice and policy of over- the district to recognize and be more pro- to right the ills allegedly committed by tion. Our clients have suffered under identifying African-American students as active in addressing racial discrimination. Lower Merion in this case. the district’s veil of success and bravely requiring special education. In addition, seek to prompt change in the treatment it is alleged that Lower Merion gener- Monique M. Galloway, associate, DLA Nathan P. Heller, associate, DLA Piper of minority students and the attitudes ally provides African-American students, Piper LLP: LLP: toward addressing the achievement gap. including students that are in special As civil rights legend Charles Ham- This case helped me better understand Though it is unfortunate that litigation education, with an education that is ilton Houston once said, “a lawyer’s the role that the legal profession can has become necessary to influence the inferior to their Caucasian peers, thereby either a social engineer or…a parasite on play in giving voice to disempowered school district to examine its educational creating a disproportionate number of society… A social engineer [is] a highly individuals. For nearly a decade, our programs, we hope to achieve a precedent African-American students at Lower Mer- skilled, perceptive, sensitive lawyer who clients were overlooked or neglected by that reinforces the promise of Brown for ion who either receive special education [understands] the Constitution of the the school district. Only now, with the our clients and all students throughout or are placed in below-grade level classes United States and [knows] how to explore aid of counsel, are they beginning to the nation. DLA Piper and the Public or modified classes. Notably, African- its uses in the solving of problems of local examine whether the district’s educational Interest Law Center of Philadelphia have American students attending Lower communities and in bettering conditions programs truly met their needs. In this formed a team of attorneys dedicated to Merion are drastically under-represented of the underprivileged citizens.” Our way, we have helped our clients gain a achieving these goals. I am proud to be a in the higher-level classes, such as honors nation’s history has shown us, and the better understanding of their rights, and, member of that team. or advanced placement classes. pending civil rights case against the Lower hopefully, prompted the school district to Working on this case has provided me Merion School District reminds us, that, reevaluate the services it provided to them VIP Honors Catanzarite Philadelphia VIP recognizes Janaki HAP Raises $180,000 at Annual April Benefit Catanzarite, an associate at Pepper Ham- ilton LLP, for her outstanding volunteer assistance to VIP clients. Catanzarite has assisted five VIP clients in the last five years, focusing on our ho- meownership clients who need to obtain title to their homes. Her representation of her clients is always characterized by her thoroughness in exploring their legal claim and her patience in working with every client. She has demonstrated im- mense perseverance in handling some of VIP’s more difficult cases. In a probate case she is currently handling, she is working closely with the client to obtain signatures from the client’s many siblings, so that the administration of the deceased record owner’s estate can move forward The Homeless Advocacy Project (HAP) held its Annual April Benefit at the Sofitel Philadelphia on April 7. The event, and the client can obtain title to her attended by 275 friends of the agency, raised more than $180,000. HAP provides free, civil legal services to home- home. Thanks to her commitment, this less Philadelphians. Since its founding in 1990, HAP has helped more than 25,600 homeless men, women and previously stalled case is now moving children, providing pro bono legal services worth more than $33 million. Four hundred lawyers, paralegals and law students volunteer each year in HAP’s 150 annual legal clinics held in 25 homeless shelters, soup kitchens and over- toward a positive resolution for the client. night cafes. Pictured from left are HAP legal staff members Michael Taub, Laura Kolb, Meg Ret, Michele Levy, Pat For her commitment and dedication Malley, Morgen Black-Smith, Executive Director Marsha Cohen, Nisha Parekh, John Melis and Tim Konowalik. For to its clients, Philadelphia VIP offers its more information, visit homelessadvocacyproject.org or call 215-523-9595. heartfelt appreciation to Janaki Catanza- rite. philadelphiabar.org May 2011 Philadelphia Bar Reporter 19 Youth Social Services Agency from 1984 Quarterly Visit philadelphiabar.org to purchase to 1988. She served as a judge on the continued from page 1 tickets for the June 27 Quarterly Bucks County Court of Common Pleas WebCheck Meeting and Luncheon. from 1994 to 2002. responsive to the people it serves. The Women in the Profession Com- Judge Lippman started as an entry- In May 2007, Gov. Eliot Spitzer ap- Lippman lectures frequently in New York mittee established the award in 1993 to level court attorney in the New York Su- pointed Judge Lippman to serve as the and around the country. recognize the important contributions preme Court and served as a law clerk in presiding justice of the Appellate Division “Judge Rufe has dedicated herself to that women attorneys in Philadelphia Supreme Court and Surrogate’s Court. In of the Supreme Court, First Department, the advancement of women both profes- have made to the legal profession. That 1977, he became principal court attorney one of the largest and most influential sionally and personally,” said Women in year, U.S. Supreme Court Justice Sandra for Supreme Court, New York County, appellate courts in the country. In that the Profession Committee Co-Chair Em- Day O’Connor presented the first award Civil Term. In 1983, he was named the capacity, he reduced the court’s pending ily B. Marks. “Her accomplished career to U.S. District Court Senior Judge chief clerk and executive officer of that backlogs and served on the Administra- and promotion of civic education serve as Norma L. Shapiro. The award has since court. In 1995, he was appointed as a tive Board of the Courts, the policy and an inspiration to women lawyers.” been presented to the late Juanita Kidd judge of the New York Court of Claims rule making body of the New York State “We were fortunate to have so many Stout, former justice of the Pennsylvania by Gov. George E. Pataki, who subse- Court System. exceptional women to choose from, but Supreme Court; Deborah R. Willig, first quently reappointed him to a full nine- In February 2009, Gov. David A. Judge Rufe is a wonderful example of all woman Chancellor of the Philadelphia year term on that court in 1998. In 2005, Paterson appointed Judge Lippman to the qualities we were seeking,” said Com- Bar Association; Professor Marina Angel, he was elected as a justice of the Supreme serve as the chief judge of the state and mittee Co-Chair Nikki Johnson-Huston. of the Temple University Beasley School Court for the Ninth Judicial District. chief judge of the Court of Appeals. In “From her superior legal talent, signifi- of Law faculty; Third Circuit Court of He also served as an associate justice of that capacity, he presides over New York’s cant legal accomplishments and most Appeals Judge Dolores K. Sloviter (former the Appellate Term, 9h and 10th Judicial highest court while heading a statewide importantly the mentoring that she has Chief Judge); U.S. District Court Judge Districts. court system with a $2.6 billion budget, provided to many female attorneys, Judge Anita B. Brody; Leslie Anne Miller, first From January 1996 to May 2007, he 3,600 state and locally paid judges, and Rufe is very deserving of this award.” woman president of the Pennsylvania Bar served, by appointment of Chief Judge more than 15,000 non-judicial employees Judge Rufe was nominated to the Association; Lila G. Roomberg of Ballard Judith S. Kaye, as the chief administrative in more than 350 locations around the Eastern District by President George W. Spahr Andrews & Ingersoll, LLP; the late judge of all New York state courts. As the state. Bush on Jan. 23, 2002. She was con- Judge Judith J. Jamison; Ellen T. Green- longest tenured chief administrative judge Judge Lippman is active in court firmed by the Senate on April 30, 2002, lee, chief defender of the Defender As- in state history, Judge Lippman played a improvement efforts at the national level, and received her commission on May 3, sociation of Philadelphia; past Chancellor central role in many far-reaching reforms as a member of the Conference of Chief 2002. She received her B.A. from Adelphi Audrey C. Talley; U.S. Court of Appeals of New York’s judiciary and legal profes- Judges, and as a former president of the University and received her J.D. from Judge Marjorie O. Rendell; former Penn- sion, including problem-solving com- Conference of State Court Administra- State University of New York at Buffalo sylvania Superior Court Judge Phyllis W. munity courts, drug courts and domestic tors. He also served as vice chair of the Law School. Beck; Roberta D. Pichini of Feldman, violence courts; specialized commercial Board of the National Center for State Judge Rufe began her professional ca- Shepherd, Wohlgelernter, Tanner, Wein- and matrimonial parts; overhauling Courts. In 2008, Judge Lippman received reer as an assistant and coordinator in the stock & Dodig; Lynn A. Marks, executive the state’s jury system; opening Family the William H. Rehnquist Award for Juvenile Division of the Bucks County director of Pennsylvanians for Modern Court to the public; and adopting new Judicial Excellence, presented each year Public Defender’s Office in 1977. She Courts; Roberta D. Liebenberg of Fine, rules governing fiduciary appointments; by the U.S. Supreme Court chief justice was a deputy public defender with the Kaplan and Black, R.P.C.; JoAnne Epps, mandatory continuing legal education, to a state court judge who exemplifies the Bucks County Public Defender’s Office dean of Temple University Beasley School attorney-client fee dispute arbitration, highest level of judicial excellence, integ- from 1980 to 1981. She served as solici- of Law; and Stephanie Resnick of Fox and written letters of engagement. rity, fairness and professional ethics. Judge tor for the Bucks County Children and Rothschild LLP.

Philadelphia Bar Association Quarterly Meeting and Luncheon Monday, June 27 at 12 p.m. at the Hyatt at The Bellevue, Broad and Walnut streets

• Keynote remarks by Hon. Jonathan Lippman, Chief Judge of the State of New York • Featuring presentation of the Sandra Day O’Connor Award to U.S. District Court Judge Cynthia M. Rufe • Recognition of the newest members of the Associaiton’s Year Clubs Please make ______reservations for the Philadelphia Bar Association’s Quarterly Return to: Meeting Luncheon. Tickets are $55 for members and $65 for non-members. Checks Quarterly Meeting should be made payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th floor Name: ______Philadelphia, Pa. 19107-2955

Firm/Employer: ______Credit Cardholder: ______

Address: ______Visa _____ MasterCard _____ American Express

______Card number: ______

Phone: ______Fax: ______Expiration date: ______

E-Mail: ______Signature: ______

Credit card payments should be faxed to Bar Headquarters at (215) 238-1159.

20 Philadelphia Bar Reporter May 2011 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Friday, May 13 mittee: meeting, 12 p.m., 11th floor event may be subject to change by the committee or section chairs. Lunches are $8 for mem- Workers’ Compensation Section Execu- Committee Room South. bers and $9.50 for nonmembers, unless otherwise indicated. tive Committee: meeting, 10:30 a.m., Law Practice Management Committee: Monday, May 2 Committee: meeting, 12:30 p.m., 11th 11th floor Committee Room. meeting, 12 p.m., 10th floor Board Family Law Section: meeting, 12 p.m., floor Committee Room South. Lunch: Workers’ Compensation Section: meet- Room. Lunch: $8. 10th floor Board Room. Lunch: $8. $8. ing, 12 p.m., 11th floor Conference Health Care Law Committee: meeting, Legal Advice Live! 12 p.m., Free Library Philadelphia Bar Reporter Editorial Center. Lunch: $8. 12 p.m., 11th floor Conference Center. of Philadelphia Main Branch. Board: meeting, 12:30 p.m., 10th floor The Philadelphia Lawyer magazine Edi- Lunch: $8.50. Cabinet Room. torial Board: meeting, 12:30 p.m., 11th Tuesday, May 3 Friday, May 20 floor Committee Room South. Social Security Disability Benefits Com- Committee on the Legal Rights of Per- Friday, May 6 mittee: sons with Disabilities: meeting, 9 a.m., LGBT Rights Committee: meeting, 8:30 Saturday, May 14 meeting, 12 p.m., 11th floor 11th floor Committee Room South. a.m., 10th floor Board Room. Young Lawyers Division Casino Night Conference Center. Lunch: $8. Fundraiser: 7 p.m., Radisson Plaza- Philadelphia Bar Foundation Board of Monday, May 9 Monday, May 23 Trustees: Warwick Hotel. Tickets: $65, philadel- meeting, 12 p.m., 10th floor Business Law Section Executive Com- Young Lawyers Division Executive Com- Board Room. phiabar.org. mittee: meeting, 10th floor Board mittee: meeting, 12 p.m., 10th floor Women’s Rights Committee: meeting, Room. Sunday, May 15 Board Room. 12 p.m., 11th floor Conference Center. Philadelphia Bar Association 5K Run/ Tuesday, May 10 Tuesday, May 24 Lunch: $8. Walk: 8:30 a.m., Martin Luther King Real Property Section Executive Com- Compulsory Arbitration Committee: Wednesday, May 4 Jr. Drive. Registration: charityrun2011. mittee: meeting, 12 p.m., Gibbons, meeting, 12 p.m., 11th floor Commit- Delivery of Legal Services Committee: com. P.C., 1700 Two Logan Square, 18th and tee Room South. meeting, 8:30 a.m., 10th floor Board Arch streets. Monday, May 16 Wednesday, May 25 Room. Criminal Justice Section Executive Com- Public Interest Section Executive Com- DLSC Civil Gideon Task Force: Rules and Procedure Committee: meet- meeting, mittee: meeting, 12 p.m., 10th floor mittee: meeting, 12 p.m., 10th floor ing, 12 p.m., 10th floor Board Room. 12 p.m., 10th floor Board Room. Board Room. Board Room. Lunch: $8. Medical-Legal Committee: meeting, Solo and Small Firm Committee: meet- Federal Courts Committee: meeting, Intellectual Property Committee: meet- 12 p.m. 11th floor Conference Center. ing, 12 p.m., 11th floor Conference 12:30 p.m., 11th floor Conference Cen- ing, 12 p.m., 11th floor Committee Lunch: $8. Center. Lunch: $8. ter. Lunch: $8. Room South. Lunch: $8. Thursday, May 26 LegalLine: 5 p.m., 11th floor LRIS Wednesday, May 12 Tuesday, May 17 Lawyer Referral and Information Service offices. International Business Initiative Com- Cabinet: meeting, 12 p.m., 10th floor Committee: meeting, 12 p.m., 11th mittee: meeting, 11th floor Committee Board Room. Thursday, May 5 floor Committee Room South. Room South. Lunch: $8. Employee Benefits Committee:meet - Board of Governors: Alternative Dispute Resolution Com- meeting, 4 p.m., Philadelphia Bar Academy with Phillies ing, 12:30 p.m., 11th floor Committee mittee: meeting, 12 p.m., 11th floor 10th floor Board Room. VP Michael Stiles: 12 p.m., 11th floor Room South. Lunch: $8. Conference Center. Lunch: $8. Conference Center. Lunch: $8. Monday, May 30 Senior Lawyers Committee: meeting, 12 Wednesday, May 18 Legislative Liaison Committee: meeting, Memorial Day: Bar Association offices p.m., 10th floor Board Room. Bar Academy Committee: meeting, 8:30 12:30 p.m., 10th floor Board Room. closed. Government and Public Service Lawyers a.m., 11th floor Committee Room Lunch: $8. South. Tuesday, May 31 Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks Young Lawyers Division Cabinet: meet- Criminal Justice Section: meeting, 12 for luncheons and programs should be made payable to the Philadelphia Bar Association and ing, 12 p.m., 10th floor Cabinet Room. p.m., 11th floor Conference Center. mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send LegalLine: 5 p.m., 11th floor LRIS Lunch: $8. Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia offices. Women in the Profession Committee: Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, PA 19107-2955. meeting, 12 p.m., 10th floor Board Thursday, May 19 Room. Lunch: $8. Fax: (215) 238-1159. E-mail: [email protected]. Family Law Section Executive Com-

• Bar Association bylaws, contacts and committees; Bar Foundation Golf Classic June 28 Legal Directory • A business-to-business supplier section tailored to the continued from page 1 legal community. The Philadelphia Bar Foundation’s 22nd Ann- In our fast-paced world, it’s more critical than ever to ual Golf Classic will be held Tuesday, June 28 at The at thelegaldirectory.org, mobile access and the traditional access up-to-date information. Firms have merged, orga- ACE Club in Lafayette Hill, Pa. print directory. nizations’ boards have changed, court fees and rules have The fee for players is $450. Members of the Young The wealth of data inThe Legal Directory 2011 includes: been modified, and attorneys have switched firms. You can Lawyers Division may play at a discounted fee of • More than 18,000 attorneys and law firms listed always rely on The Legal Directory to have the information $375. Price includes all greens fees, golf cart, lunch, alphabetically; you need, when and where you need it. refreshments, dinner and cocktails. Tickets for the • Attorney index by area of concentration; This is the only official publication of the Philadelphia cocktail reception and dinner are $125. • Information on federal, state and county courts; Bar Association, the oldest association of lawyers in the The ACE Club is a 7,500-yard, par 72 course • Government agency listings with staff attorney United States. No other resource has the imprimatur of the featuring rolling topography, streams, lakes, trees, open contacts; most respected legal organization in the five-county area. ground, wetland habitat and rock outcroppings. • Index of judges, with phone numbers and faxes for Order The Legal Directory now and get this amazing Several levels of sponsorship are available. For more chambers; triple-play – print, mobile and online – for just $79.95 information about registration or sponsorship, contact • A special section devoted to corporate counsel; plus shipping and tax. For more information, email legal- Lynne Brown at (215) 238-6347 or visit philabarfoun- • Alternative dispute resolution resources; [email protected] or call 443-909-7843. dation.org. philadelphiabar.org May 2011 Philadelphia Bar Reporter 21 Kelly Dobbs Bunting, William W. Uchimoto, a shareholder with a shareholder with People Greenberg Traurig, Stevens & Lee P.C., LLP, moderated a was a key speaker on panel on interna- the legalities of doing tional labor and business in China at Niki T. Ingram, a Gretchen M. employment law in a a March 16 seminar shareholder with Santamour, a partner webinar presented by presented by the Marshall, Dennehey, with Stradley Ronon the American Bar Association Section of National Business Institute. Warner, Coleman & Stevens & Young, Labor and Employment Law. Goggin, was a judge LLP, has been ap- Kimberly Alford Rice, principal of KLA for the American Bar pointed to the execu- Royce W. Smith of Marketing Associates, recently joined the Association’s Law tive committee and Feldman Shepherd board of directors of the Legal Marketing Student Division board of directors Wohlgelernter Association’s Metro Philadelphia Chapter. Region Client Counseling Competition of the Consumer Bankruptcy Assistance Tanner Weinstock at Widener University School of Law. Project. & Dodig has been David C. Franceski Jr., a partner with named to the edito- Stradley Ronon Stevens & Young, LLP, Sandra A. Jeskie, a partner with Duane Harry Weiss, a rial board of Young presented “GI Best Practices: Current Morris LLP, presented “Litigation Survey” partner with Ballard Lawyer, a monthly Hot Products,” at the 2011 National at the Practising Law Institute’s Informa- Spahr LLP, discussed supplement to The Legal Intelligencer. Society of Compliance Professionals New tion Technology Law Institute 2011 April the economic impact England Regional Meeting in Boston on 7-8 in New York. of opportunities James J. Eisenhower, a partner with March 14. presented by the Schnader Harrison Segal & Lewis LLP, Deborah F. Cohen, a partner with Pepper Marcellus Shale at has been named to the board of the Lawrence J. Tabas, a partner with Ober- Hamilton LLP, has become a fellow of the conference “The American Heart Association. mayer Rebmann Maxwell & Hippel LLP, the American College of Trial Lawyers. Marcellus Shale Industry: Banking Con- has been appointed by Pennsylvania Gov- siderations and Opportunities” on March Richard P. Jaffe, a partner with Duane ernor Tom Corbett as a Commissioner Lisa C.S. Burnett, a partner with Klehr 10 in Scranton. Morris LLP, has been named to the As- on the Independent Regulatory Review Harrison Harvey Branzburg LLP, has sociation for Corporate Growth’s Global Commission. been elected to the Board of The Gersh- Jeffrey M. Kolansky, Board of Directors for 2011-2012. man Y, a center for Jewish arts and managing partner Mark W. Tanner, culture in Center City. of the Philadelphia Todd D. Kantorczyk, a partner with co-managing partner office of Archer & Manko, Gold, Katcher & Fox, LLP, of Feldman Shep- Bernard M. Resnick and Priscilla J. Greiner, P.C., has served as a panelist on the national herd Wohlgelernter “Sally” Mattison of Bernard M. Resn- been reappointed to webinar “Unconventional Gas Drilling Tanner Weinstock & ick, Esq., P.C. recently co-authored the the Board of Direc- & Fracking: Technology, Law & Regula- Dodig LLP, served as article “USA Concert Touring Issues,” tors and as secretary tion – The Ins and Outs of this Emerging a faculty member for included as a chapter in the International of the Philadelphia Police Foundation. Environmental Controversy” on Feb. 23. the continuing legal Association of Entertainment Lawyers’ education program, “Trial Strategy with 2011 publication, the Live Entertainment Benjamin F. Johns, an associate at Deborah R. Gross of the Law Offices of Mongeluzzi, Stern & Tanner” on April 6. Handbook. Chimicles & Tikellis LLP, was a panel- Bernard M. Gross, P.C., presented the ist at the Pennsylvania Bar Association’s plaintiff’s point of view on corporate Alexis Arena of James R. Potts, a Conference of County Bar Leaders in governance at a securities and corporate Flaster/Greenberg member of Cozen State College on Feb. 25. update on March 18 at the University of PC participated in O’Connor, was re- Pennsylvania Law School. a seminar presented cently elected to the Robert D. Fox, managing partner of by the Chamber board of governors Manko, Gold, Katcher & Fox, LLP, has Anthony S. Volpe, a partner with Volpe of Commerce of of the Saint Joseph’s been appointed chair of the Lower Mer- and Koenig, P.C., served on the panel Southern New Academy of Risk ion Zoning Hearing Board. “Preparing for Litigation” at the Young Jersey on March 25 Management and Lawyers Division of the American Bar on marketing and branding for business Insurance. Neil A. Morris, a partner with Archer & Association’s inaugural New Partner and development. Greiner, P.C., discussed disability benefits In-House Counsel Conference. Steven M. Miller, a partner with Ballard for officers injured while on duty before Thomas J. Giordano Jr. of Pond Lehocky Spahr LLP, was a course planner and the Lancaster County, Pa., Police Chiefs Bruce S. Katcher and Jonathan Spergel, Stern Giordano was a speaker at the panelist for the Pennsylvania Bar Institute Association on Jan. 19. partners with Manko, Gold, Katcher & Epilepsy Foundation’s Spring Conference program on “Structuring and Craft- Fox, LLP, were panelists at “Taking the on April 30. ing Commercial Loan Documents” on Judge James Gardner Colins, a member Mystery Out of Opting-In to NJDEP’s Feb. 16 in Philadelphia and Feb. 23 and of Cozen O’Connor, recently appeared LSRP Program” on Feb. 15 in Cherry nNames ARE NEWS March 2 in Pittsburgh. on the Pennsylvania Cable Network Hill, N.J. and Feb. 25 in Edison, N.J. program, “In Session with the Widener “People” highlights news of members’ Henry C. Fader, a partner with Pepper Law and Government Institute: Should Daniel F. Ryan III, awards, honors or appointments of a Hamilton LLP, has been appointed to the Pennsylvania Hold a Constitutional partner at O’Brien community or civic nature. Information Advisory Council of Clarke Pennsylvania Convention?” & Ryan, LLP, may be sent to Jeff Lyons, Senior Manag- ing Editor, Philadelphia Bar Reporter, School. The Advisory Council is intended recently spoke on Philadelphia Bar Association, 1101 Market to support children with hearing loss. William F. Kerr Jr., a partner with High the medical and legal St., 11th fl., Philadelphia, PA 19107-2955. He was a panelist at the Mobile Monday Swartz LLP, was a featured speaker at the issues of documenta- Fax: (215) 238-1159. E-mail: reporter@ Mid-Atlantic Mobile Health Forum on Pennsylvania Land Boundaries and Ac- tion at a seminar for philabar.org. Color photos are also March 28 at the College of Physicians of cess Rights Seminar on March 18 in Fort healthcare profes- welcome. Philadelphia. Washington, Pa. sionals in Philadelphia.

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philadelphiabar.org May 2011 Philadelphia Bar Reporter 23 SIDNEY L. GOLD & ASSOCIATES, P.C.

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24 Philadelphia Bar Reporter May 2011 philadelphiabar.org