Philadelphia
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The Monthly Newspaper of the Philadelphia Bar Association Vol. 37, No. 8 August 2008 Anchors to Moderate Conference Programs
n By Jeff Lyons
NBC 10 News anchor Renee Chen- ualt-Fattah and truTV (formerly Court TV) anchor Jami Floyd will moderate panel discussions on the presidential elec- tion and attorneys representing high-pro- file clients at the Association’s Bench-Bar and Annual Conference on Sept. 19 – 21 at Bally’s Atlantic City. Chenault-Fattah will moderate the Sat- Photo by Brett Schaeffer urday, Sept. 20 panel “2008 Presidential Chancellor A. Michael Pratt joins National Urban League President and CEO Marc H. Morial after he delivered the Judge A. Leon Higginbotham Memorial Public Interest Lecture at the Association’s June 30 Quarterly Meeting and Luncheon. Election, Politics and the Law,” with pan- elists including pollster Terry Madonna; Montgomery County Democratic Party Chairman Marcel Groen; Larry Eichel, Law a Means to Establish Justice senior writer for The Philadelphia Inquirer; and Philadelphia Daily News opinion for All, Morial Tells Bar Members continued on page 17
n By Heather J. Holloway unheated attics of private homes. When with a passion and a fire for justice. For Judge Higginbotham challenged the Judge Higginbotham, the United States In This Issue Judge Aloyisus Leon Higginbotham, president of the university to address this Constitution was not merely a collection 3 Diversity Statement a former engineering student, made a injustice, he was told, “like it or leave it.” of words to be studied but rather a docu- decision to pursue a career in law when He then decided to become a lawyer. ment that was meant to live and breathe. 5 Ready for Disaster? he was a student at Purdue University. Morial said when he asked Judge As a student at the University of According to Marc H. Morial, presenter Higginbotham what it takes to be a great Pennsylvania, Morial enrolled in a law 7 Brennan Award of the Judge A. Leon Higginbotham Jr. lawyer, Judge Higginbotham simply school course that was taught by Judge Memorial Public Interest Lecture at the responded by pointing to his heart. Higginbotham and that was open to 8 Fighting Recidivism June 30 Quarterly Meeting and Lun- Morial, president and CEO of the undergraduate students. Based on Judge 11 E-Filing Update cheon, Judge Higginbotham and other National Urban League, said Judge Hig- Higginbotham’s book, In the Matter of black students were not permitted to ginbotham became a great lawyer by em- Color, the course involved an exhaustive, 12 Bar Foundation Golf reside on the Purdue University campus. bracing the notion of excellence, pursuing detailed and careful analysis of ordinances Instead, they were required to stay in the perfection and combining those concepts continued on page 22
Bridging The Gap “Know what you don’t know.”
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2 Philadelphia Bar Reporter August 2008 philadelphiabar.org Frontline Bar’s A.C.E. Program to Enrich Editor-in-Chief Sunah Park
Editor Emeritus Students and Lawyers Alike Bruce H. Bikin One of the most significant public civics-minded lesson that By A. Michael Pratt with the A.C.E. pro- Associate Editors service goals of this Bar Association year ties into the curriculum gram is essential as it will Heather J. Holloway was to institute a program, in coopera- already in place. By using diversify both the volun- Asima Panigrahi tion with the School District of Philadel- a civics lesson in tandem teer base and the quality Kathryn C. Harr phia, to send lawyers and judges into 9th- with each teacher’s les- of interactions with the Ria C. Momblanco Regina Parker grade public school classrooms to assist in son, we will enrich each students. Every segment Raymond M. Williams the teaching of civics education. During student’s academic year. of our local judiciary has the past year, Jenimae Almquist and The committee has stepped up to participate Contributing Editor Barbara A. Potts, co-chairs of the Public developed a top-notch, in this program. Richard Max Bockol School Education Committee, and the creative and fun curricu- We are also pleased Advisory Editors rest of the committee have been hard at lum. The curriculum is that U.S. Court of Molly Peckman work recruiting close to 200 volunteers equipped with classroom Appeals Judge Marjorie Marc W. Reuben to participate in the A.C.E. program exercises to fully engage O. Rendell has been – Advancing Civics Education – and this the students and make the experience an an active member of our Public School Senior Managing Editor Jeff Lyons month will begin training volunteers. interactive one. Each team of volunteers Education Committee since its inception This program has had tremendous will work closely with an assigned class- in January. As first lady of Pennsylvania, Copy Editor support from the legal community and room teacher for the 2008-2009 school Judge Rendell has worked tirelessly to Adrienne Cornwall I know, with your help, it will be a great year. At the conclusion of the school year, promote civics education across the Com- Executive Director success. By bringing our knowledge of the committee will host a culminating monwealth of Pennsylvania. Since 2004, Kenneth Shear civics to the classrooms, each student will activity that will bring together everyone she has been a lead partner with The learn the importance of his or her role involved in the program and incorporate Pennsylvania Coalition for Representative The Philadelphia Bar Reporter (ISSN in a democracy, the rule of law, dispute all of the lessons the students learned Democracy (PennCORD), a coalition of 1098-5352) is published monthly and available resolution and citizenship. throughout the year. educational, advocacy and governmen- by subscription for $45 per year by the Phila- delphia Bar Association, 1101 Market St., 11th Beginning in September, teams of With the help of U.S. District Court tal organizations that are committed to floor, Philadelphia, Pa. 19107-2911. Periodicals three-to-five lawyers and judges will visit Judge Cynthia Rufe and Court of Com- improving civic learning for students in postage paid at Philadelphia, Pa. POSTMAS- 9th-grade classrooms once a month to mon Pleas Judges Jacqueline F. Allen and grades K-12. Judge Rendell has seen tre- TER: Send address changes to Philadelphia teach law-related civics education. The Lillian Harris Ransom, who are members mendous success with PennCORD and Bar Reporter, c/o Philadelphia Bar Associa- tion, 1101 Market St., 11th floor, Philadelphia, School District of Philadelphia teaches of the committee, more than 50 judges we are also confident the A.C.E. program Pa. 19107-2955. Telephone: (215) 238-6300. world history in 9th grade, so our volun- have volunteered for the program. The will deliver great results. Association Web site: philadelphiabar.org. teers will supplement their lessons with a participation of members of the judiciary continued on page 11 Newspaper e-mail address: reporter@ philabar.org. The editorial and other views ex- pressed in the Philadelphia Bar Reporter are not necessarily those of the Association, its officers or its members. Advertising rates and Board Adopts Statement of Diversity Principles information are available from Howard Hyatt at MediaTwo, 1014 W. 36th St., Baltimore, MD, “The idea for this was to memorialize 21211. Telephone: (410) 902-5797. n Page 1 skyline photo by Edward Savaria, Jr./ By Jeff Lyons More on Diversity what we already have adopted infor- PCVB Newspapers’ diversity stud- mally as a principle of this Bar Associa- The Association’s new Statement tion. People took this very seriously and of Diversity Principles recognizes and ies examined. Page 4. the discussion was deep and intense in acknowledges that diverse attorneys are nature. We wanted to make sure we came Tell Us and have been under-represented in the City have adopted similar statements of up with a document that is as pristine What You Think! Philadelphia legal community, in large diversity principles,” Banks said. and clean and clear as we could make it. firms, mid-size firms and corporations, She said the Women in the Profes- I’m very pleased with the final result,” The Philadelphia Bar Reporter Women in the Profession Committee sion, Minorities in the Profession, Legal Pratt told the Board at its meeting. welcomes letters to the editors for publication. Letters should be typed. Co-Chair Danielle Banks told the Board Rights of persons with Disabilities, The statement says: There is no word limit, but editors of Governors moments before the Board LGBT Rights, Large Firm Management The Philadelphia Bar Association is reserve the right to condense for adopted the measure on June 26. and Mid-Size Firm Committees and the committed to advancing diversity in the clarity, style and space considerations. “The statement reaffirms this Board’s Diversity Committee all worked profession, so that all members of the bar Letters must be signed to verify association’s commitment to increasing to finalize the statement. can fully participate in all aspects of the authorship, but names will be withheld diversity in all aspects of the Philadelphia “As Chancellor-Elect Sayde Ladov said, profession. This Statement of Diversity upon request. Letters may be mailed, legal community. Chancellor Pratt has it’s time,” said Banks. Principles evidences a renewed commit- faxed or e-mailed to: Jeff Lyons, Senior expressed his view that the statement of Pratt said that Dr. Sean Kathleen Lin- ment to promoting diversity, a broad con- Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, diversity will become the ‘cornerstone’ of coln, director of the Association’s Office cept that includes race, ethnicity, gender, 1101 Market St., 11th floor, Philadel- this association. Similarly, our executive for Diversity, wrote the original draft of religion, age, disability, sexual orientation phia, Pa. 19107-2955. Phone: (215) director, Ken Shear, views the statement the statement. Banks said Lincoln worked and gender identity, and many other as- 238-6345. Fax: (215) 238-1159. E-mail: as ‘a core principle.’ Other bar associa- tirelessly on the statement. “The spirit and pects of diversity. Increased diversity and reporter@ philabar.org. tions, including Chicago, Columbus, substance of this statement came from inclusion benefits the profession in many Kansas City, Los Angeles and New York Sean.” continued on page 14 philadelphiabar.org August 2008 Philadelphia Bar Reporter 3 Office for Diversity The Journey Toward Diversity Continues Recently, Th e Le g a l In t e lli g e n c e r is 15.15 percent. Using the 15.15 percent to failure for the other By Sean Kathleen Lincoln assistance with one or and the Philadelphia Business Journal as a comparison point, 77 of the 88 firms group. We do not need more of the necessary printed significant articles on diversity in listed surpass this comparison point for to have different minor- skills that comprise the the legal profession. Both newspapers fo- the percentages of women employed. ity groups at odds with components of success. cused their attention on diversity at large Only 11 firms had similar or lower rates each other because of This assistance may firms. The Legal Intelligencer compared when comparing percentages of women access issues in the work- come by way of mentor- 2007 diversity rates with those obtained to percentages of minorities. place. The focus should ing and coaching, help in 2000 and compared 100 firms. The Two arguments can and have been be on equity for all and with business develop- Business Journal went back an additional made in response to the above. not on who or which ment or critical writing two years to 1998 and focused exclusively The first is that, although the num- group is getting treated skills. But these talents on Philadelphia firms. They received bers for racial and ethnic minorities look better. and skills do not come complete data from only 12 firms. bleak, the numbers for women, although The numbers appear attached to a specified Both publications surmised that there better, are still not where they should to support the second gender, race, ethnicity, have been slight improvements in the hir- be, particularly at the partnership level. argument – we must not lose sight of and sexual orientation or physical capability ing and retention of women and people All underrepresented groups need to must continue to acknowledge that the or other attribute. of color at these firms in the past few continue to have access to growth and acceptance of some groups is occurring Under the vision of the Chancellor A. years. Hiring and retention for women career opportunities. That is, the pie is big at a higher rate than others. We must Michael Pratt, the Office for Diversity is was higher – The Legal Intelligencerre - enough for all underrepresented groups to continue to question why this differential working on programs that will help to ad- ports that 55 of the top 100 firms queried have a piece. is taking place and how we might best dress these issues. I have had the opportu- were at least 25 percent female. Only The other argument is that one group create the mechanisms that incorporate nity to speak with many of you regarding seven of the top 100 firms, however, has been allowed access at a differential all groups at the same rate. your thoughts on how we can promote consisted of 10 percent or more minority rate than others. Women, in particular We must also be clear that diversity a more inclusive and accepting envi- attorneys. white women, have been allowed the op- and inclusion components and programs ronment for all practitioners, and look The Philadelphia Business Journal’s Book portunities that people of color have not are not a “one-size-fits-all” design for all forward to hearing from more of you and of Lists 2008 provides the “Percent of Fe- – one underrepresented group appears groups and all individuals. We are all pre- continuing this important conversation. male Attorneys” for Pennsylvania for the to be more acceptable in the workplace pared for success in different ways; that It has been said that “Diversity is a top 88 firms and the “Percent of Minority than another for recruitment and reten- is, we all have innate, individual talents journey and not a trip.” We’ve begun the Attorneys” for Pennsylvania for the top tion purposes. That is, there really is only that we need to supplement with personal journey. 62 firms. The highest percentage rate for one piece of pie and it’s being given to a and professional experiences. Some of females in any one firm is 69.44 percent; specific group. us have been fortunate enough to have Sean Kathleen Lincoln, Ph.D., is director of conversely, the highest rate for racial and The first argument is certainly true had life experiences that better prepare us the Office for Diversity for the Philadelphia ethnic minority attorneys in any one firm – one group’s success does not equate for success in the legal field. Others need Bar Association. Sims Named Association Staff Counsel
Brian K. Sims is just weeks into his legislation pending on the local, state and News magazine in Philadelphia and has new position at the Bar Association and federal levels and assist in preparing any been an associate editor of the Philadel- has jumped in head first. Hired in July testimony required at public hearings by phia Bar Reporter since early 2006. He as staff counsel for policy and planning, leaders of the Association. has written for The Legal Intelligencer, The Sims certainly feels up to the task. “Chancellor Pratt set an aggressive New Jersey Law Journal and The National “This is an incredible opportunity for agenda for the year and I am coming in Jurist as well. Sims also sits on the Board me to work with many of Philadelphia’s with more than half the year already over. of Directors for Gay and Lesbian Lawyers leaders in the legal community from the My goal for the next several months is to of Philadelphia and The Bloomsburg Chancellor and Board of Governors to make sure that I can be equally aggres- University Alumni Association. the Bar Association staff,” Sims said. sive at making sure his agenda is realized, A graduate of the Michigan State As staff counsel, Sims is responsible from the formation of the new Elections University School of Law, Sims worked for providing professional substantive Committee to continuing his push for as both an extern and law Clerk for support to all those committees and diversity in the legal community,” Sims Legal Aid of South Central Michi- sections of the Association that are not said. gan where he worked in public benefits, otherwise presently staffed. He is charged Sims comes to the Association with family, and housing law for low-income with coordinating the monthly Cabinet a background in ERISA disability law. residents. He also served as the senior law and Board of Governors meetings and Having opened his own firm earlier in the clerk at the U.S. Environmental Protec- helping to guide and coordinate the work year and after practicing in the same area tion Agency, for the Office of Enforce- Brian K. Sims of multiple sections and committees for the last 3 1/2 years, he has represented ment & Compliance Assurance at EPA moving resolutions through the Board of physicians, attorneys and business profes- Headquarters in Washington, D.C. 2000 National Championship Division II Governors. sionals in individual and group disability Sims holds a Bachelor of Science football team. That year, he also worked In addition to his activities with the insurance claims and bad faith litigation. degree in Business Administration from as a homicide intern at the Santa Clara Board, he will work closely with the In addition to his practice, Sims was Bloomsburg University where he was County Public Defender’s Office in San director of legal services with regard to recently named the legal editor of M.D. a scholar athlete and the captain of the Jose, Calif.
4 Philadelphia Bar Reporter August 2008 philadelphiabar.org rules and procedure committee A Lesson on Disaster Preparedness, Aftermath n By Thomas Bryan could be of use to a great many Philadel- for all lawyers, their families and their phia firms. staff, of having personal disaster plans, If a fire or flood were Just when we had all begun to The planning materials presented with emergency contact information and recover from the shock of Hurricane focused on two main areas. First, setting medical decision-maker contacts. She to hit your firm, what Katrina and the Monsoon in Southeast up clear lines and methods of communi- talked about the trouble that Louisiana plans does your firm Asia, along came 2008. China was hit by cation in times of disasters; with a clearly courts faced after Katrina, where lack of a massive earthquake, a cyclone rocked designated decision making structure, to disaster planning left many of the courts have in place to re- Myanmar, and the Mississippi River avoid chaos and improve a firm’s abil- with no physical buildings in which to cover operations and burst levies up and down the Midwest. ity to quickly respond to a flood, fire, or convene. The Rules and Procedure Committee’s other disaster. The second area of focus For the final portion of the meeting, begin to handle client July 2 meeting focused on how lawyers was operational recovery. If a fire or flood Kevin M. Masucci, an associate at Strad- business quickly and can prepare for a disaster and how to were to hit your firm, what plans does ley Ronon Stevens & Young, LLP (one resume their practice in the aftermath. your firm have in place to recover opera- of the two lawyers in attendance whose effectively? Brett Schaeffer, editor of the Philadel- tions and begin to handle client business firm did have a disaster plan) shared phia Bar Association’s Web site, discussed quickly and effectively? information about the recent difficulties help determine what steps are necessary the disaster planning and prevention Committee Co-Chair Mark Cohen the firm faced when one of its servers and appropriate for your firm. resources available on the Association’s pointed out that with regard to the nearly crashed, and about the step that site, including a recently updated and legal profession, disaster planning has to the firm has taken since the incident to Thomas Bryan is an associate with Gerolamo augmented Business Continuation address two broad levels: the individual better prepare itself to avoid and respond McNulty Divis & Lewbart, P.C. Resources section. The Web site offers practice of lawyers and law firms, and to disasters in the future. checklists for disaster planning, as well the regional impact such a disaster could To help them better prepare for the fu- as sample emergency plans. With only have on the court system. Philadelphia ture, Stradley Ronon brought in a consul- two attendees present reporting that their Court of Common Pleas Judge Marlene tant who specializes in disaster planning Podcast firms had disaster plans, these resources F. Lachman mentioned the importance for law firms. Masucci pointed out that Spotlight there is a cost to disaster planning, and Visit philadelphiabar.org to listen to that bringing in a consultant can be help- the podcast from this program. ful in controlling those costs as they can Disaster 1st DEPOARE = 1 MONTBLANC PEN* Planning YouYOU Book The Depo, WellREADY? Bring ARE The Sword Get the YOU latest resources from the Philadelphia...well, not exactly, Bar but Association’sthe pen is mightier than the sword, especially when it comes to litigation! Disaster PlanningTake Committee your first deposition with Bell Reporting and READY? well hand deliver a Montblanc pen to your firm. Get the latest resources from the (215) 236 - DEPO Philadelphia Bar Association’s Philadelphia, PA New York, NY Disaster Planningphiladelphiabar.org Committee Baltimore, MD Washington, DC www.BellReporting.com We Never Take Your Business For Granted! *Deposition must be booked 7 business days in advance, at least 3 hours long, and booked before 12/31/08; attorney must be available to personally receive the pen on behalf of the firm; transcript charge must be paid in full. Limit one pen per client. This philadelphiabar.org promotion is an ethical giveaway as Bells rates are reasonable and in fact are among the lowest in the Philadelphia area. We simply choose to return profits back to our clients (see Rules 1.5 and 1.7 of Pennsylvanias Rules of Professional Conduct). Instead of receiving the pen, Bell will gladly make a monetary donation to a cause of your choice in your firm's name.
philadelphiabar.org August 2008 Philadelphia Bar Reporter 5 professional responsibility committee Modern-Day Practice and the Philadelphia Lawyer once existed in Philadelphia at the July 1 Reath LLP and a nationally recognized tackled the billable hour system. In Fox’s n By Raymond M. Williams meeting of the Professional Responsibil- expert on legal ethics; and John J. Soroko, opinion, the billable hour system has ity Committee. chair of Duane Morris LLP. Jeff Blumen- failed in a number of ways. For example, A panel of local law firm leaders dis- Panelists for the discussion were Mark thal of the Philadelphia Business Journal the system creates an inherent conflict of cussed how expansion and globalization Alderman, chair of WolfBlock LLP; Law- served as moderator. interest between lawyer and client. It also have changed the practice of law as it rence J. Fox, partner at Drinker Biddle & In a very lively debate, the panel first discourages efficiency by creating incen- tives to spend more time on work than may be necessary. Fox added, however, that law firms are unlikely to abandon the billable hour system because they would otherwise be forced to evaluate their at- torneys subjectively. Soroko opined that the system is AUGUST problematic in that increased pressure to CLE COURSES bill hours has eliminated time for other, equally important activities, such as pro Aug. 1 PLI-The Pocket MBA for Lawyers 2008: Everything You Need to Know About Finance - Simulcast • The CLE Conf. Ctr. Proceeding in the Commonwealth Court: Policies, Procedures & Practices • Philadelphia Bar Assn. bono work, community involvement, Aug. 4 Literature & the Law • The CLE Conference Ctr. and recreation. Meanwhile, Alderman Wills of the Rich & Famous - Video • The CLE Conference Ctr. commented that the larger problem Aug. 5 A Day on Real Estate - East • The CLE Conference Ctr. with the system is its eradication of the Current Military Legal Issues Facing Civilian Attorneys - Simulcast • The CLE Conference Ctr. Ethics Potpourri-Lawyers Advertising Ethics Issues in a Web 2.0 World - Video • The CLE Conference Ctr. contemplative aspect that has been a Aug. 6 Dogfighting: Canines, Criminals & Consequences - Video • The CLE Conference Ctr. hallmark of the legal profession. He also Ethics Potpourri-Motivational Interventions - Video • The CLE Conference Ctr. expressed his concern with the “discon- Fundamentals of Civil Practice • The CLE Conference Ctr. nect” between the use of billable hours PLI-Securities Arbitration 2008 - Simulcast • The CLE Conference Ctr. Aug. 7 Family Caregiver Contracts & Use of Real Estate for Elder Law Attorneys - Video • The CLE Conference Ctr. as a tool for attorney evaluation inside Managing Intermittent Leave & Other Hot Family & Medical Leave Act Issues • The CLE Conference Ctr. the law firms and its utility as a method The Art and Law of Witness Impeachment • The CLE Conference Ctr. The CLE Conference of charging clients for services rendered, Aug. 8 Attacking the Adverse Expert • The CLE Conference Ctr. since regardless of the billable rate, clients Real Estate Law Update - Video • The CLE Conference Ctr. Center Aug. 11 Literature & Law • The CLE Conference Ctr. Wanamaker Building will pay up to a certain amount, forcing Using Technology In Your Law Practice - Video • The CLE Conference Ctr. 10th Floor, Ste. 1010 the firm to “eat the rest.” Aug. 12 Developing & Trying the Case: A Case Study of “A Few Good Men” • The CLE Conference Ctr. Fox concluded by commenting that Economic Development Incentives in Pennsylvania - Video • The CLE Conference Ctr. another problem with the billable hour Ethics Potpourri-Lawyers Advertising Ethics Issues in a Web 2.0 World - Simulcast • The CLE Conference Ctr. Aug. 13 The Mortgage Crisis - Video • The CLE Conference Ctr. Philadelphia Bar system is the mindset that it engenders Trial of a Felony Case • The CLE Conference Ctr. Association – a mindset wherein one rejoices when Aug. 14 Internet Law Update - Video • The CLE Conference Ctr. 11th Floor he or she receives a boring, mindless, but Neighbor Law • The CLE Conference Ctr. Conference Center time-consuming assignment because it Solving Drivers Licensing Problems • The CLE Conference Ctr. Aug. 15 Ethics Potpourri-Ethics Issues for Non-Lawyers in the Law Office - Video • The CLE Conference Ctr. 1101 Market St. will ensure a large bonus. Effective Legal Negotiation Skills • The CLE Conference Ctr. The panel then discussed the ethi- Aug. 18 Death and Taxes - Video • The CLE Conference Ctr. cal ramifications of law firm growth. In Civil Jury Instructions: Practical Uses of the Update Instructions • The CLE Conference Ctr. Alderman’s assessment, there is a discon- Literature & the Law • The CLE Conference Ctr. Aug. 19 Ethics Potpourri-Motivational Interventions - Video • The CLE Conference Ctr. nect between the ethical conflict rules and How Much Do You Really Know About Contract Law? • The CLE Conference Ctr. the realities of large law firm practice, as Aug. 20 Buying a Vacation Home • The CLE Conference Ctr. most lawyers are not aware of what other Construction Contract Law & Litigation Update • The CLE Conference Ctr. Social Security Disability-The Basics - Video • The CLE Conference Ctr. lawyers are doing such that the protec- tions of the client loyalty rule should be Aug. 21 Understanding Jurors: A Unique Approach to Courtroom Advocacy (Paul Lisnek) • The CLE Conference Ctr. Call PBI Technology Law Forum • The CLE Conference Ctr. triggered. In addition, the rule fails to Customer Service at Aug. 22 Anatomy for Layers • The CLE Conference Ctr. reflect the realities of financial rewards Claims Made & Professional Liability Coverage • The CLE Conference Ctr. 800-247-4724 and incentives in the big firm context. Powers of Attorney: The Good, the Bad & the Ugly - Video • The CLE Conference Ctr. to register for a Consequently, from an ethical perspec- Aug. 25 Gas Leasing - Simulcast • The CLE Conference Ctr. course or for more Hospitality Law - Video • The CLE Conference Ctr. tive, pressure increases to strategize one’s information. Revisiting Younger’s 10 Commandments • The CLE Conference Ctr. way around that rule. Aug. 26 A Practical Approach to Premarital Agreements • The CLE Conference Ctr. Building “Green” • The CLE Conference Ctr. Register online at While Fox agreed that incentives to Legal Issues in Hiring & Firing Employees - Video • The CLE Conference Ctr. www.pbi.org circumvent the rule have increased, he Aug. 27 Fifth Annual Animal Law Conference • The CLE Conference Ctr. countered that client loyalty – and not The Pennsylvania Bar Aug. 28 Ethics Potpourri • “A Man for All Seasons” & a Lawyer’s Search for Integrity • Does ABA Model Rule 6.1 continued on page 19 (Voluntary Pro Bono Publico Service) Let Attorneys Off the Hook? • Ethics Issues for Non-Lawyers in the Law Institute is an Office • Lawyer Advertising Ethics Issues in a Web 2.0 World • Motivational Interventions • PBA Unauthorized accredited CLE Practice of Law Committee Update — The CLE Conference Ctr. Ohlbaum on Evidence Advocacy: Using the Rules of Evidence to Persuade • The CLE Conference Ctr. provider. The Nuts & Bolts of Medicaid Planning • The CLE Conference Ctr. Podcast Aug. 29 Ethics Potpourri-Ethics Issues for Non-Lawyers in the Law Office - Video • The CLE Conference Ctr. Intimate Partners/Legal Strangers: A Guide for Representing Unmarried Couples • The CLE Conference Ctr. Spotlight Visit philadelphiabar.org to listen to the podcast of this program.
6 Philadelphia Bar Reporter August 2008 philadelphiabar.org Brennan Award Nominations Due By Sept. 5
Nominations are being accepted for the Associa- Rhonda Hill Wilson. Nominations for the Justice Bren- Alex Bonavitacola of the Philadelphia Court of Common tion’s prestigious Justice William J. Brennan Jr. Distin- nan Distinguished Jurist Award should be forwarded to: Pleas (1996); Judge Phyllis W. Beck of the Pennsylvania guished Jurist Award. The award will be presented at the Brennan Award, Attn: Tracey McCloskey, Philadelphia Superior Court (1997); Chief Judge Edward R. Becker of Association’s October Quarterly Meeting and Luncheon. Bar Association, 1101 Market St., 11th Floor, Philadel- the U.S. Court of Appeals for the Third Circuit (1998); The award recognizes a jurist who adheres to the high- phia, PA 19107. Judge Louis C. Bechtle of the U.S. District Court for est ideals of judicial service. Any member of the state or All nominations should include the full name, address the Eastern District of Pennsylvania (1999); Chief Judge federal bench, whether active or retired, who has made a and telephone number of both the nominee and the James T. Giles of the U.S. District Court for the Eastern significant, positive impact on the quality or administra- person submitting the nomination, a summary of the District of Pennsylvania (2000); Justice Russell M. Nigro tion of justice in Philadelphia is eligible for consideration. nominee’s accomplishments, and any pertinent support- of the Pennsylvania Supreme Court (2002); U.S. District Examples of accomplishments worthy of nomination ing material the committee should consider. All nomina- Court Judge Louis H. Pollack (2003); Judge James R. include innovations in court administration, imple- tions must be received no later than 5 p.m. on Friday, Melinson, retired U.S. Chief Magistrate (2004); U.S. mentation of pioneering case management techniques, Sept. 5, 2008. District Court Senior Judge Edmund V. Ludwig (2005); assumption of a leadership role in areas affecting the U.S. Supreme Court Justice William J. Brennan Philadelphia Municipal Court President Judge Louis J. administration of justice, publication of a significant Jr. was the first recipient of the award in 1995. Other Presenza (2006); and Philadelphia Court of Common opinion, article, or other scholarly work, or the like. recipients of the award, which is now named in honor of Pleas Judge Sandra Mazer Moss (2007). The Brennan This year’s Brennan Award Committee is chaired by Justice Brennan, include the following: President Judge Award was not given in 2001. Bar Night at the Phillies Aug. 5 Peyton to Lead Legal Clinic for Disabled
Join your colleagues at Bar Associa- Seating (subject to availability) with Linda Peyton has been selected as “With her legal skills and experi- tion Night at the Phillies on Tuesday, fellow Bar Association supporters will be the new executive director at The Legal ence, Linda has achieved ‘super lawyer’ Aug. 5 as the National League East located on the Field Level Baseline (Sec- Clinic for the Disabled, Inc. Since 2003, status. She was clearly the outstanding champion Phils take on the Florida Mar- tions 108 & 109). Enter the promotion Peyton has served as project director candidate in terms of legal acumen, lins at Citizens Bank Park at 7:05 p.m. code BAR when ordering tickets online. of LCD’s Anti-Violence Initiative for not to mention her passion, commit- People with Disabilities. ment and sense about the Legal Clinic’s To purchase tickets for Bar Associa- Before joining LCD, she served 20 mission, and her vision for the future. tion Night at the Phillies on Aug. 5, years as a trial and appellate attorney for We look forward to working with her WebCheck visit phillies.com/philabar. the Defender Association of Philadel- in the coming years,” said Amy Slater, phia. president of LCD’s Board of Directors.
philadelphiabar.org August 2008 Philadelphia Bar Reporter 7 criminal justice section Deputy Mayor: Fight Recidivism with Jobs n By Ria C. Momblanco repeat offenders, Gillison observed that “the best tool for anti-recidivism is for a The best way to keep inmates from guy to have a job.” returning to jail once they’ve been re- To that end, Gillison plans to start a leased is “for a guy to have a job,” deputy program that will work with the business mayor of public safety Everett A. Gillison community and facilitate the employ- told members of the Criminal Justice ment of ex-offenders. In addition, Section. Gillison is working on an initiative that Gillison, a former public defender, is will re-tool the Mayor’s Office for the Re- the central point for all arms of Philadel- Entry of Ex-Offenders so that supportive phia’s criminal justice system, including services will be in place to aid newly the police, fire department, prisons and released individuals in transitioning back re-entry, the District Attorney’s office, the into society. courts and probation. Another goal for Gillison and Mayor One of Gillison’s top priorities is to continued on page 11 resolve Philadelphia’s prison overcrowd- ing problem. At a burgeoning 9,300 inmates, the prison population exceeds the city facilities’ design capacity of 6,300. Podcast According to the deputy mayor, one step Spotlight toward resolving the issue is to develop a plan that will combat recidivism. Speak- Visit philadelphiabar.org to listen to the podcast of this meeting of the Photo by Jeff Lyons ing from his experience of 19 years as Criminal Justice Section. Everett Gillison, deputy mayor for public safety, says a job program is key to a public defender who has seen many keeping ex-offenders from returning to jail.
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8 Philadelphia Bar Reporter August 2008 philadelphiabar.org Long-Term Care Insurance Available from USI Colburn
Start shopping for long-term care insurance at age 50. Why? Current costs of care today are at least $80,000 per year. In 25 years when most will be needing care, costs are expected to exceed $250,000 per year. Now is the perfect time to consider long-term care planning while you are healthy enough to qualify for coverage. The cost of long-term care insurance is based on your age and health when you apply; the younger and healthier you are, the more affordable your insurance will be. Catherine C. Carr with Mayor Michael Nutter at CLS’ Breakfast of Champions in May. Here are just a few quick facts about long-term care insur- ance: CLS’ Carr Takes Sabbatical for Fellowship • Pays for care needs at home as well as in assisted living and nursing homes. Catherine C. Carr, executive director of been managing attorney at CLS Law Center North • Tax qualified long-term care policies purchased by sole propri- Community Legal Services, has started a six-month Central since 2006 and has been a member of the etors, self-employed individuals and/or their spouses, are eligible sabbatical and will be teaching at Iliria Royal Uni- CLS legal management team since 1999. “In addition for substantial tax incentives that reduce your plan’s cost. versity law school in Prishtina, Kosovo for part of the to Debby, we have a strong, experienced management • Shared benefit coverage for couples. You may access benefits fall. team and great administrative staff and I’m confident individually or at same time. This shared personal benefit ac- Carr has been awarded a senior lawyer fellowship that things will go smoothly in my absence,” Carr count remains available after one dies so that the survivor has by the Independence Foundation and is teaching as said. the remaining benefits to use during their lifetime. In many part of the fellowship. In June, Carr marked her 13th year as executive cases the survivor will qualify for a paid up-plan with no future Carr said she plans on reading and writing on pov- director at CLS. “I plan to return in February for premiums due. erty and legal services issues, along with teaching and many years more. I am looking forward to bringing If you have questions about how long-term care works and traveling. She will return to CLS in February 2009. new insights and energy to CLS upon my return. what the cost can be, call Chuck Kindt, long-term care senior The CLS Board has appointed Debby Feldman as There is still much I want to do to improve access to account executive at USI Colburn Insurance Service, at 610- acting director during Carr’s absence. Feldman has equal justice.” 537-1387 or by e-mail [email protected]
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philadelphiabar.org August 2008 Philadelphia Bar Reporter 9 YLD Update Volunteers Needed for People’s Law School This fall, the Young By Scott P. Sigman Philadelphia on Tuesday Lawyers Division will evenings throughout is part of the YLD’s mis- again reach out to the September and October. The People’s Law School Philadelphia commu- Although there is a nom- sion to educate and empower the general public nity and offer its popular inal cost of $40, students while increasing the visibility of young lawyers and “People’s Law School.” will receive a detailed In its ongoing efforts to course book and receive enhancing the image of lawyers as a whole in the foster access to justice, two to three hours of community. the YLD, through the education each Tuesday People’s Law School, night in a wide range of will provide the public legal topics including with an affordable labor and employment The People’s Law School is an impor- [email protected]. means of obtaining ba- law, family law, munici- tant component of the YLD’s outreach sic, non-technical knowledge in various pal courts/small business claims, personal that allows newer attorneys an opportu- Scott P. Sigman, chair of the Young Lawyers areas of the law in clear, easy-to-under- injury law, landlord/tenant law, real estate nity to develop their presentation skills by Division, is an associate at Bochetto & Lentz, stand terms. law, criminal law, constitutional law, teaching a course in their particular field P.C. and may be reached by e-mail at The People’s Law School is part of the criminal procedure and immigration law. of expertise while educating the commu- [email protected] or by tele- YLD’s mission to educate and empower Each week, local attorneys from both the nity at large. It is a great program that we phone at (215) 735-3900. the general public while increasing the public and private sectors will teach topics hope to continue year after year, but we visibility of young lawyers and enhancing related to their own area of practice/ex- need good volunteers and to get the word the image of lawyers as a whole in the pertise. out. Please do your part and encourage community. Many of the classes taught The YLD is looking for volunteer anyone you know who may be interested BlogLink during the People’s Law School truly young lawyers to teach a subject (each in participating to sign up. empower citizens so that they know the young lawyer teacher will provide an For more information about becoming Visit phiLAWdelphia.wordpress.com to see what the Association’s young basics of the law and so they are not taken outline of the subject they will teach) and a member of the faculty for People’s Law lawyers are saying. advantage of by the landlords, employers, volunteer young lawyers to work the door School, contact Stephanie Mensing at police, etc. (greet and seat). Young lawyer volunteer The People’s Law School will be teachers will have their biographies along held in the Jury Assembly Room of the with their class outlines published in a INCORPORATION Criminal Justice Center in Center City book for each student. AND Musicians Needed for Oct. 2 Concert Event LIMITED LIABILITY The Young Lawyers Division is looking on South Street. for solo music acts and bands of all ages If you are interested in performing on COMPANY FORMATION for its lawyers’ night of music on Thurs- Oct. 2, contact Stephanie Mensing at day, Oct. 2 at the legendary J.C. Dobbs [email protected]. CONVENIENT, COURTEOUS SAME DAY SERVICE
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