¨
June 2004 The Monthly Newspaper of the Philadelphia Bar Association Vol. 33, No. 6 Scalia: Leave Constitution Alone
by Jeff Lyons interpretation.” Scalia was the third Supreme The U.S. Constitution should Court justice to speak to the Ass- get an “honest, lawyerly interpre- ociation in six months. Justices tation,” U.S. Supreme Court Assoc- Ruth Bader Ginsburg and Sandra iate Justice Antonin Scalia told an Day O’Connor spoke to members audience of nearly 800 people at last October. the Association’s April 29 “I’m honored to have the first Quarterly Meeting and Luncheon. awardee be Jerry Shestack. If all of Scalia, who spoke for more your awardees are of that quality than 45 minutes, also presented they will do me honor, rather the Association’s inaugural Justice than me to them,” Scalia said. Antonin Scalia Award for Profess- American Bar Association Pres- ional Excellence to WolfBlock ident Dennis W. Archer praised partner Jerome J. Shestack. Shestack as the “embodiment of “I’m really honored to have an professionalism.” award named after me. It’s a little “His ABA presidency was cen- risky. You should really wait until tered around the promotion of a person is dead. You never know ethics and professionalism in the what he’ll do later,” Scalia told the legal profession. His tireless rally- capacity crowd. ing of the ABA’s sections and divi- In urging attorneys to keep the sions, committees and commis- original intent of the Constitution sions focused on enhancing our in mind, he said, “Let’s call a halt. professional values and increasing We’ve done a lot of good things the respect for the profession this way, some bad things as well. which ultimately allows us to ad- But we’re beginning to see the ev- vance the rule of law. We are all il effects. Let’s not do it anymore. better off as a result of it. He con- Let’s get back to taking the text tinues to serve as a guide for ev- Photo by Jeff Lyons and giving it an honest, lawyerly continued on page 4 U.S. Supreme Court Associate Justice Antonin Scalia addresses the Association on April 29.
Williams to Deliver Higginbotham Lecture In This Issue ... by Jeff Lyons the event, and 36 taries and participates in NPR’s efforts new members of the to explore television opportunities. 5 Charity Run Association’s Year From 2000 to 2001, Williams hosted Juan Williams, senior correspondent 10 Bar Foundation for National Public Radio’s “Morning Clubs will be hon- NPR’s national call-in show “Talk of the Edition,” will deliver the 6th Annual ored. Nation.” In that role, he brought the 11 O’Connor Award Judge A. Leon Higginbotham Jr. Tickets for the program to cities and towns across Memorial Public Interest Lecture at the event are $50 for America for monthly radio “town hall” 12 Law Week Association’s June 24 Quarterly members and $55 meetings before live audiences. The Meeting and Luncheon. for nonmembers town hall meetings were a part of “The 18 People Juan Williams The winner of the Justice Ruth and can be pur- Changing Face of America,” a yearlong BB1 Bench-Bar 2004 Bader Ginsburg Legal Writing chased at www.philadelphiabar.org. Competition will also be announced at Williams also works on documen- continued on page 8 KNIPES-COHEN COURT REPORTING 215-928-9300 COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market Street, 11th Floor, Philadelphia, PA 19106, Phone: 800-544-9800 • 215-928-9300 • Fax: 215-627-0555 7KH8OWLPDWH 'ULYLQJ0DFKLQH
(;&(//(17 MO PRQWKOHDVHPLOHVSHU\HDU 'XHDWVLJQLQJFDSUHGXFWLRQ 8 VWPRQWKS\PWVHFGHSRVLWEDQNIHH $XWRPDWLF&'+6 WD[HV WDJVDGGLWLRQDOFSHUPLOH< RYHU6WRFN:% 0RRQURRI$:' 0653
2WWRV%0:5RXWH1:HVW&KHVWHU3$ 2WWRVEPZFRP
PHILADELPHIA 2 JUNE 2004 / BAR REPORTER Education Opportunities Still Unequal by Gabriel L.I. Bevilacqua Majorie O. Rendell, and Judges Bruce significantly lower than the average W. Kauffman and Clifford Scott Green per-pupil expenditure of the majority Here’s something that both Pres- FRONTLINE of the U.S. District Court. It was hard of surrounding school districts.” In fact, ident George W. Bush and Sen. John F. not to be moved by the judicial pre- while Philadelphia spends about $7,600 Kerry agree on: The 50th anniversary sentation that climaxed with Mayor per pupil on education, Abington of the Supreme Court’s historic deci- Street’s dramatic entrance into the spends nearly $9,000 per pupil and sion in Brown v. Board of Education chal- school district auditorium while he Cherry Hill spends nearly $10,000. And lenges each and every one of us to join read his portion of the decision. remember - the needs are much the struggle to ensure equal education- Later in the program, a stimulating greater in Philadelphia. On top of all al opportunities for all Americans. Town Hall meeting was moderated by this, for the most part the schools in Indeed, both candidates agree that Temple University Beasley School of our region continue to experience de- we have much work to do in this Law Professor Phoebe A. Haddon. She facto segregation based largely on geo- regard. engaged a large group of students, graphic and/or socio-economic factors. The President says that anti-dis- ward and (much as the events attended educators and lawyers in the discourse In short, Brown reminds us that we crimination laws must be “vigorously by President Bush and Sen. Kerry) it and it was heartening to see so many are simply not providing equal educa- enforced” because “the habits of racism also confronted us with the reality of of our Philadelphia school students tional opportunity. Not by a long shot. in America have not all been broken.” unfinished business. passionately involved in the discussion. “While our schools are no longer Sen. Kerry says that “Brown began to Video testimonials from seven Many of the students relayed stories segregated by law, they are still not tear down the walls of inequality,” but prominent Philadelphia lawyers and observations that gave the pro- equal in opportunity and excellence,” he adds “the next great challenge is to focused on “Brown remembered” and gram and the discussion vitality and President Bush said on May 17. And on put up a ladder of opportunity for all.” brought us back to the time of the relevance. Once again I found myself the same day, Sen. Kerry declared: “We The President and Sen. Kerry made decision. These personal testimonials energized and challenged by the need to renew our commitment to one these observations during the recent from those who lived through Brown insights and views expressed by a new America. We should not delude our- Brown commemorative events held in were not limited to Philadelphia but generation. selves into thinking for an instant that Topeka, Kan. also took us to the South where, unlike An informal lunch gave us the because Brown represents the law, we Here in Philadelphia, the Bar the North, segregation was openly chance to hear from School District have achieved our goal, that the work Association joined with the School practiced. Our real-life witnesses who CEO Paul Vallas who brought the of Brown is done.” District of Philadelphia to observe the experienced the firsthand effects of the whole program together and related Brown decision also looked ahead and the issues to the Philadelphia School Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is Brown anniversary during a special Chancellor of the Philadelphia Bar Association. His e- half-day program at the School District told us what Brown failed to accom- District in 2004 and beyond. Vallas is a mail address is [email protected]. headquarters. Thanks in large part to plish. passionate advocate for public educa- the fine work of program co-chairs The program also included student tion - a strong leader who stresses Marsha Levick (of the Juvenile Law presentations of selected Brown argu- innovation, decentralization, commu- Center) and Wendy Beetlestone (gener- ments re-enacted by mock trial cham- nity involvement and measurable per- al counsel for the school district) who pions from Northeast and Masterman formance for the schools. were assisted by people like Michael high schools. This was followed by one If you could see our public schools Editor-in-Chief Hayes of our Young Lawyers Division, of the most stirring parts of the pro- the way I did during our program on Molly Peckman, Esq. this turned out to be an event that will gram: a reading of the Brown decision May 5 you would be very proud. And long be remembered. I know that it by Mayor John F. Street, Common Pleas yet, there is so much more that needs Associate Editor Sunah Park, Esq. will always be one of the treasured Court President Judge Frederica A. to be done. Philadelphia public schools memories of my year as Chancellor. Massiah-Jackson, U.S. District Court are still grossly underfunded. The Contributing Editor Our Brown anniversary observance Chief Judge James T. Giles, U.S. Third school district itself admits that per- Richard Max Bockol, Esq. forced us to look back as well as for- Circuit Judges Theodore A. McKee and pupil spending in Philadelphia “is still Advisory Editors Bruce H. Bikin, Esq. Merih O. Erhan, Esq. Marc W. Reuben, Esq.
Save June 11 for Federal Bench-Bar Event Director of Publications and New Media Mark A. Tarasiewicz Lawyers and judges who practice Courts Committee Chair Rudolph attorneys Mark A. Aronchick, Thomas and preside in the federal courts are Garcia, a partner at Saul Ewing LLP, R. Kline and Carolyn P. Short. Managing Editor Jeff Lyons invited to the 2004 Federal Bench-Bar and Committee Vice Chair Abbe F. Conference participants can hear a Conference on Friday, June 11 at Ash- Fletman, a partner at WolfBlock. “Report from the U.S. Attorney's Office,” Copy Editor bourne Country Club in Cheltenham, U.S. District Court Chief Judge James presented by U.S. Attorney Patrick L. Kate Maxwell Pa. The event is co-sponsored by the T. Giles and Garcia will open the con- Meehan, with topics of interest to the Associate Executive Director Association’s Federal Courts Committee ference with welcoming remarks. criminal bar. for Communications and Public Affairs and the Pennsylvania Bar Institute. Fletman will introduce the first session, Next, a presentation of “Recent Daniel A. Cirucci The conference, an educational and “The Vanishing Jury Trial and Its Effects Developments and Hot Topics” will fea- Executive Director recreational event for federal court on Judges, Lawyers and Clients.” Panel ture reports by U.S. District Court Chief Kenneth Shear practitioners and judges, offers 2.5 sub- includes U.S. District Court Judges Leg- Judge James T. Giles, U.S. Bankruptcy The Philadelphia Bar Reporter (ISSN 1098-5352) is published monthly and available by subscription for stantive and .5 ethics continuing legal rome D. Davis, Lowell A. Reed Jr., and Court Judge Kevin J. Carey, U.S. District $45 per year by the Philadelphia Bar Association, 1101 education credits and will be held from Timothy J. Savage and attorneys Abbe Court Chief Magistrate Judge James R. Market St., 11th fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POST- 8:10 a.m. to 1 p.m. On-site registration F. Fletman, Robert C. Heim, Chief Melinson and U.S. District Court Clerk MASTER: Send address changes to Philadelphia Bar and a continental breakfast begin at Federal Defender Maureen Kearney of Court Michael E. Kunz. This will be Reporter, c/o Philadelphia Bar Association, 1101 Market St., 11 fl., Philadelphia, Pa. 19107-2911. 7:30 a.m. Litigators and judges will then Rowley and Jerome J. Shestack. followed by a panel discussion includ- Telephone: (215) 238-6300. Association Web site: www.philadelphiabar.org. Newspaper e-mail address: discuss topics of interest in the Eastern The next panel will be “Is Technol- ing attorneys Mitchell L. Bach, Deborah [email protected]. The editorial and other views District of Pennsylvania. Following an ogy All It’s Cracked Up to Be?” The R. Gross and Charisse R. Lillie. expressed in the Philadelphia Bar Reporter are not nec- essarily those of the Association, its officers, or its on-site luncheon, the afternoon is open panel will include U.S. District Court Chief Judge Giles and Committee members. Advertising rates and information are avail- for relaxing and golf. Judges Harvey Bartle III, Bruce W. Chair Garcia will then lead a session on able from Media Two, 22 W. Pennsylvania Ave, Suite 305, Towson, Md., 21204. Telephone: (410) 828-0120. Conference planners are Federal Kauffman and Cynthia M. Rufe and continued on page 8
Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning
PHILADELPHIA BAR REPORTER / JUNE 2004 3 At a reception before the April Quarterly Meeting, Chancellor Gabriel L.I. Bevilacqua (from left) meets with U.S. Supreme Court Associate Justice Antonin Scalia, Scalia Award recipient Jerome J. Shestack, Allan M. Dabrow and former FBI director William Sessions. At right, Justice Scalia greets U.S. District Court Senior Judge Norma L. Shapiro.
select and approve federal judges will naturally want only those who agree with them politically, Scalia said. Photos by Jeff Lyons Justice Scalia said that labeling ution - the right to abortion, the right JUNE QUARTERLY sions,” he said. judges as “extremist” or “moderate” to homosexual sodomy - which were In an annual Philadelphia lawyer shows how the courts have trans- continued from page 1 so little rooted in the traditions of the tradition, Chancellor Gabriel L.I. formed into something the authors of American people that they were crimi- ery president who’s come after him,” Bevilacqua presented Immediate-Past the Constitution did not want. nal for 200 years,” Justice Scalia said. Archer said. Chancellor Audrey C. Talley with a “Federal judges are always dealing He said his colleagues may soon “I am deeply honored to receive replica of a gold box given to Alexan- with a text, either the text of a statute discover a right to assisted suicide this inaugural award,” Shestack said. der Hamilton for his successful defense or the text of the Constitution,” he said. between the lines of the text of the “Mr. Justice, ever since you led your of printer John Peter Zenger. The box, “What in the world is a moderate in- Constitution. “We’re not ready to class at Harvard Law School, excellence which is given only to former Chan- terpretation of a text? If you have a announce that right now,” he said. has been your hallmark. And in this cellors, is inscribed, “Aquired not by contract you want to interpret, you “Check back with us.” home of the Declaration of money, but by character.” won’t say, ‘I want to take it to a moder- Independence and the Constitution, all In his remarks, Justice Scalia praised ate lawyer.’ “ of us appreciate your unflagging devo- the resiliency of the U.S. Constitution, In discussing some of the U.S. tion to the words and intent of our noting it had survived longer than Supreme Court’s most notable rulings Web founding fathers.” constitutions in France, Germany and of the last half century, Justice Scalia Shestack said his grandfather, an Italy. said the Court was wrong to say the check Orthodox rabbi, taught him that the Justice Scalia also decried the politi- Constitution requires that lawyers be For the full text of Jerome√ J. She- most vital command in the Old cization of judicial selection, saying the provided to poor people accused of stack’s remarks in acceptance of Testament was “Justice, justice shalt process has become too partisan. crimes. He said it was also wrong to the inaugural Justice Antonin Sca- thou pursue.” He said he fell in love As long as judges tinker with the find that the First Amendment imposes lia Award for Professional Excellen- with the law. “And while in law school, Constitution to “do what the people limits on libel lawsuits. ce, visit www.philadelphiabar.org I also fell in love with Marciarose. want,” instead of what the document “We have now determined that lib- and click on “Newsroom” Happily, both remain sustaining pas- actually commands, politicians who erties exist under the federal Constit-
STAY Y OUR OWN WAYSM
Stay connected to your meeting’s objectives and leave the details to us. The staff at the Radisson Plaza-Warwick Hotel Philadelphia will help you plan a successful conference from start to finish. Attentive service complements beautiful conference facilities, banquet presentations, and guest room accommodations at this renowned hotel located in the Rittenhouse Square district. Visit the hotel online for an unbeatable offer for your next meeting at www.radisson.com/philadelphiameetings.
DOWNTOWN PHILADELPHIA Radisson Plaza-Warwick Hotel • 1701 Locust Street., Philadelphia, PA 19103 215-735-6000 • www.radisson.com/philadelphiapa • 1-800-333-3333
PHILADELPHIA 4 JUNE 2004 / BAR REPORTER Charity Run Raises $90,000 in 25th Year
Nearly 700 runners and by the following sponsoring walkers took part in the Ass- legal firms: Akin Gump ociation’s 25th Annual Charity Strauss Hauer & Feld LLP; Run on Sunday, May 16. The Anapol, Schwartz, Weiss, Co- race, along West River Drive, han, Feldman and Smalley, Joshua M. Feissner raised more than $90,000 for P.C.; Barrack, Rodos & Bacine; (above) makes his way the Support Center for Child Blank Rome LLP; Buchanan along the race route. Advocates and American Ingersoll PC; Caesar, Rivise, Diabetes Association. Bernstein, Cohen & Pokotilow, Duane Morris LLP won the Ltd.; Cozen O’Connor; Drink- legal team competition. The er Biddle; Fox Rothschild LLP; Law Offices of General Coun- Marshall, Dennehey, Warner, sel in Harrisburg finished sec- Coleman & Goggin; Mont- ond and Eisenberg, Rothweil- gomery, McCracken, Walker & er, Schleifer, Weintein & Wink- Rhoads, LLP; Neil A. Morris ler, P.C. came in third. Associates, PC; Pepper Ham- For the sixth straight year, ilton LLP; RatnerPrestia; Ray- the Bar individual men’s and nes, McCarty, Binder, Ross & women’s races were won by Mundy; Reed Smith, LLP; Se- Neill Clark and Mary Tomich. manoff, Ormsby, Greenberg & Photos by Jeff Lyons The Association was aided Torchia, LLC; WolfBlock and Frank P. Cervone (center in middle left photo), execu- in its fund-raising efforts by Woodcock Washburn LLP. tive director of the Support Center for Child Advocates, contributions from the follow- chats with Chancellor Gabriel L.I. Bevilacqua and his ing sponsors: Wawa, Inc., Firs- wife, Phyllis, before the May 16 race. Vice Chancellor Trust, Iron Mountain, the Alan M. Feldman (above at left) and his brother, Philadelphia Bar Association, Web Elliott, participated in the race. Both finished in under The Legal Intelligencer, JuriStaff, 26 minutes. Chancellor-Elect Andrew A. Chirls (left check Inc., UpDate Legal and USI For race results, √visit photo) greets Board of Governors Vice Chair Patrice A. Colburn Insurance Service, www.philadelphiabar.org Toland after she completed the 5-kilometer walk. and in considerable measure
PHILADELPHIA BAR REPORTER / JUNE 2004 5 LET’S SIP, NOT GUZZLE. Let’s leave the off-road vehicles off road. Let’s stop pretending we live in the jungle. Let’s stop intimidating each other. Let’s not use the size of our vehicle to compensate for other shortcomings. Let’s reclaim our garage space. Let’s be nimble. Let’s be quick. Let’s be honest. LET’S MOTOR.™
. s k r a m e d a r t d e r e t s i g e r e r a o g o l d n a e m a n
I N I M e h T
. C L L
, a c i r e m A h t r o N f o
W M B f o n o i s i v i d a
, I N I M
4 0 0 2 ©
OTTO’S MINI Route 202 North West Chester, PA 610-399-8060 888-269-MINI Ottosmini.com MINIUSA.COM
PHILADELPHIA 6 JUNE 2004 / BAR REPORTER Chancellor: Inequities Compel Tax Reform by Daniel A. Cirucci percent for residents.” Bevilacqua said that this constitutes Calling for “an end to tax inequities” an inequity. He further argued that the and additional tax reforms, Chancellor affected law firms and businesses were Gabriel L.I. Bevilacqua told members of also penalized through the tax on net Philadelphia City Council that “without income because they cannot deduct a more competitive tax climate, Phila- payments made to partners, even delphia will not prosper and well- where partners perform a significant known Philadelphia law firms may level of service on behalf of the part- eventually be forced to maintain only nership. Photo by Mark A. Tarasiewicz a nominal presence within the city Bevilacqua was joined in his testi- National Constitution Center President and CEO Richard Stengel and Chancellor limits.” mony by Vice Chancellor Alan M. Gabriel L.I. Bevilacqua met on May 19 before a ceremony unveiling the Founding “I cannot overstate the importance Feldman. He said the full leadership of Donors Wall in the NCC’s Grand Hall that includes the name of the Philadelphia Bar of the tax reform measures which you the Bar Association “wants to demon- Association. Above, Stengel and Bevilacqua stand in front of the National Power of an are considering and the actions which strate the sustained commitment of our Hour Wall, which was dedicated on May 22. It bears the Chancellor’s name, along you may take,” Bevilacqua said in his Association and its members to tax with the names of other NCC supporters from the legal community. May 10 testimony before City Council. reform. We’re not asking for a special The Chancellor said City Council could treatment. We simply want tax equity region,” Bevilacqua said. “What’s more, The Chancellor said that without begin to move in the right direction by and reasonable reform.” these firms represent only about one- the legal services sector “Center City as eliminating a provision of the Philadel- Taking the members of Council on a third of all Philadelphia lawyers and it exists today would be totally unrec- phia business tax that effectively pen- “virtual walk up Market Street West,” support staff.” ognizable. Whole parts of it might be alizes businesses conducted in partner- Bevilacqua pointed to 12 nationally “Think of where Philadelphia would deserted, blighted, barren.’’ He told the ship vs. those conducted in corporate known Philadelphia law firms on be without the legal services sector members of Council “that we want to form. “Right now, the city effectively Market Street, which employ nearly concentrated mostly in Center City. We see our city continue to grow and taxes partner income at a combined 5,000 people. The Chancellor told are a regional, economic powerhouse,” prosper. We want to work with the city rate of at least 6.7 percent but taxes Council members that the 23 largest the Chancellor explained. “The jobs government and with City Council to compensations paid to owners of busi- Philadelphia law firms employ nearly that these law firms bring to our city continue to bring good jobs and solid nesses operated as corporations or sole 10,000 people. “If these law firms were are good jobs. The ancillary businesses businesses to the city. We can start with proprietorships at a rate ranging from part of one company, they would be that these law firms support are good the change that I have recommended 3.9 percent for non-residents to 4.5 one of the biggest companies in the businesses.” today,” he concluded.
PHILADELPHIA BAR REPORTER / JUNE 2004 7 Philadelphia Bar Association June Quarterly Meeting and Luncheon Thursday, June 24 at Noon at the Park Hyatt Philadelphia at the Bellevue, Broad and Walnut Streets
• Featuring 6th Annual Judge A. Leon Higginbotham Jr. Public Interest Lecture by Juan Williams • Presentation of Ruth Bader Ginsburg Legal Writing Competition Award • Honoring new members of the Association’s Year Clubs Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Return to: and Luncheon. Tickets are $50 for members and $55 for non-members. Checks should be Quarterly Meeting made payable to the Philadelphia Bar Association. Philadelphia Bar Association 1101 Market St., 11th fl. Name: Philadelphia, Pa. 19107-2911 Credit Cardholder: Firm/Employer: Visa MasterCard American Express Address: Card number:
Expiration date: Phone: Fax: Signature: E-Mail: Credit card payments should be faxed to Bar Headquarters at (215) 238-1267.
Ebony, GQ and The New Republic. New York Civil Rights Coalition. WILLIAMS Williams continues to be a con- The Higginbotham lecture was Year Clubs Getting continued from page 1 tributing political analyst for the Fox inaugurated by the Public Interest News Channel and a regular panelist Section to honor the memory of the 36 New Members NPR series focused on how Americans on Fox News Sunday. late Third Circuit Court of Appeals were dealing with rapid changes in The Association will honor 36 A graduate of Haverford College, Chief Judge A. Leon Higginbotham Jr. society and culture as the United States attorneys and judges by inducting Williams received a B.A. in philosophy Previous Higginbotham lecturers are entered the 21st century. The series in- them into the Year Clubs at the June in 1976. He sits on the board of Haver- Marian Wright Edelman, Professor volved monthly pieces airing on “Mor- 24 Quarterly Meeting and Luncheon ford College, the Aspen Institute of Charles J. Ogletree, Congressman ning Edition” and “All Things Consid- at the Park Hyatt Philadelphia at the Communications and Society Program, Chaka Fattah, ABA President Dennis W. ered,” as well as “Talk of the Nation.” Bellevue. Washington Journalism Center, and the Archer and Dr. Cornel W. West. The new members include: Williams is the author of the new 50 Years: Jerome R. Balka, Ed- book My Soul Looks Back in Wonder, an ward B. Bergman, Frederick Blum- account and anecdotal look at the berg, John Butterworth, Theodore S. Brown v. Board of Education ruling. Will- Coxe, Samuel E. Dennis, John F.A. iams will sign copies of the book, FREE WEBSITE EVALUATION! Earley, Louis S. Fine, Robert Freed- which will be available for purchase at man, John C. Garner, Charles A.J. the Quarterly Meeting. Additionally, Valued at $125! Halpin Jr., Nelson G. Harris, James A. Williams is the author of the critically Jennings, Arnold M. Kessler, Judge acclaimed biography, Thurgood Marshall - William A. King Jr., Martin Kreit- American Revolutionary, which was hen, Paula R. Markowitz, Daniel I. released in paperback in February 2000. IS YOUR WEBSITE WORKING FOR YOU? He is also the author of the nonfiction Murphy, Jack M. Myers, Ronald B. Has it been generating the qualified leads bestseller Eyes on the Prize: America’s Civil Myrter, Stephen B. Narin, Judge you had hoped? Or are you still waiting to Rights Years, 1954-1965. Thomas N. O’Neill Jr., Weston C. generate a return on your investment? Overholt, Richard B. Pearl, Irwin During his 21-year career at The Edward Robinson, Joseph W. Salus, Washington Post, Williams served as an Judge Peter B. Scuderi, Arthur R.G. editorial writer, op-ed columnist, and ACT NOW TO RECEIVE A FREE, NO Solmssen, Richard A. Sprague, Rob- White House reporter. He won an ert J. Thompson and Domenick Vit- Emmy award for TV documentary OBLIGATIONS WEBSITE EVALUATION! ullo. writing and won widespread critical Your free evaluation will tell you how you 65 Years: Samuel B. Blaskey, acclaim for a series of documentaries can improve your website in the following To receive your free Robert A. Detweiler, Pauline H. Herd, including “Politics - The New Black key areas: evaluation, simply Herman B. Poul and Hanley Rubin- Power.” His articles have appeared in visit our website listed sohn. Newsweek, Fortune, The Atlantic Monthly, » Value - how useful is your website to below and fill out our users with specific goals? quick form. » Navigation - how easily can users find information? $169 for nonmembers; $129 for parale- FEDERAL BENCH-BAR » Presentation - how professional is your For more information, gals attending alone; and $99 for those continued from page 3 page layout? please call (215) attending with an attorney. » Trust - how fast and reliable is your site? 546-7940. “Good and Welfare,” and Garcia then Morningstar Multimedia LLC First Impressions Do Matter Register by calling PBI at (800) 247- FREE WEBSITE EVALUATION VALUED AT $125 I s your site » Search Engine Friendliness - can search working a majo s hard r improve for you a th ments, bu s it could e form bel t don’t kn be? Do ow, and ow where you think aspects we’ll send to start? it needs a of your w you a fr Now you redesign cons ebsite. W ee websit can find or some ultation t e’ll also e evaluati out! Sim o explain provide y on detailin ply fill out the result ou with a g the po s and offe free, no o sitive and r suggest bligations negative ions on h 30 minut will make closing remarks. Following ow you can e phone Step 1 imp 4724 or (800) 932-4637 or online at : Briefly li rove your st you site. engines easily find your site? How has r top 3 con the s cerns ite not me with the w t your expe ebsite. 1. ____ ctations? ______2. ______3. ______the conference, a cocktail reception will ______www.pbi.org. Pre-registration is strong- ______Step ______2: Enter yo ______ur informa ______tion ______Websit e URL: __ Nam ______e: ______Com ______pany: ______precede lunch. ______Addre ______ly encouraged. Arrangements for golf ss: ______Title: ______City: ______Pho ______ne: ______E ______mail: ______State: ______Fax: _ __ Zip: ______Best time ______to call ______Please l ist the bes t time to c Day ontact you Tuition rates are $149 for members of week: _ to set up ____ your following the conference, at an addi- ______free cons ______ultation. TO GET YOUR FREE WEBSITE EVALUATION, VISIT Mornin St g ep 3: Mail Afternoon your FREE Eveni website e ng valuation r equest to: Morning star Multim 1725 edia LLC Bainbridge Phi St, 3rd F ladelphia, loor of the Pennsylvania, Philadelphia or tional charge, may be made by contact- PA 19146 Hurry, offe r expires date y June 21, 2 ou send th 004. Ple www.morningstarmultimedia.com/promolaw/ fill e request ase allow ed to 2 w out entire receive yo eeks from ly to quali ur results. the fy for the f The form ree report. must be any other county bar association or ing the Bar Association’s Meetings (215) 546-7940 | www.morningstarmultimedia.com | [email protected] any cosponsoring organization; $129 Manager Stephanie Krzywanski at (215) for members admitted after Jan. 1, 2000; 238-6360 or [email protected]. HURRY, OFFER EXPIRES JULY 31, 2004.
PHILADELPHIA 8 JUNE 2004 / BAR REPORTER Make Networking More Than Client Contacts by Kim R. Jessum possible. the weekend meeting is a golf tourna- In the third case, I attended the ment on Saturday. A few of us weren’t Throughout this year, I’ve stressed Pennsylvania Bar Association Young interested in playing golf and didn’t to young lawyers to “get connected” to YLD UPDATE Lawyers Division meeting in Maryland want to spend the day sitting at the the Bar Association, the community last summer. The main activity during continued on page 10 and to other young lawyers. One bene- ficial way of getting connected to the Bar Association and other young law- ATTORNEY DISIPLINARY/ETHICS MATTERS yers is through networking. Network- Representation, Consultation ing is not just about soliciting business, but making long-lasting friends and and Expert Testimony in contacts that help, or who may be able Matters Involving Ethical Issues and/or to help you in the future. In my case, my involvement in the the Rules of Professional Conduct Philadelphia Bar Association and other know the attorney and knew that she organizations has allowed me to meet would do good work. My friend was many attorneys of different ages and grateful, my friend’s mother got a fair JAMES C. SCHWARTZMAN, ESQ. practice areas. Because of these con- deal, and the attorney later referred a Schwartzman & Associates, P.C. tacts, I have been able to find a quali- potential client to me. 1760 Market St. 12th Floor fied attorney for a close friend, make a In the second case, I was recently job change from outside counsel to in- looking to change employment. I was Phila., PA 19103 house counsel and learn how to rock not sure if I wanted to move to a cor- (215) 563-2233 climb. poration, an intellectual property bou- In the first case, my friend’s mother tique or another large firm. I spoke to Former Chairman, Disciplinary Board of was involved in contract negotiations several attorneys whom I met through for her small business. I knew that she different organizations and received the Supreme Court of Pennsylvania; could not afford much, but needed the advice I needed to make a decision. Former Chairman Continuing Legal Education Board of help reviewing a contract. I referred I also received several interviews the Supreme Court of Pennsylvania; her to an attorney, whom I met through these contacts. Being known Former Federal Prosecutor through my involvement in a local in the legal community as an active intellectual property organization. participant and leader in bar organiza- AV Rated Through this organization, I got to tions helped make these opportunities
“I don’t want to make the wrong mistake.” -- Yogi Berra, Hall of Fame ballplayer, philosopher
Avoid Mistakes. Use public record data from Superior Information Services.
❖ Civil Court Records ❖ Corporation OneSearch ❖ Death Records ❖ Liens and Judgments ❖ UCC OneSearch ❖ Certified Child ❖ Bankruptcy Records ❖ Superior Alerts Support Judgments ❖ Criminal Records ❖ Real Property Data ❖ Mortgages and Deeds ❖ People Finder ❖ USA Patriot Act ❖ Online Services ❖ Data Scrubs ❖ List Services ❖ Bulk Data ❖ Corporate Services Superior INFORMATION SERVICES www.superiorinfo.com • 800.848.0489 Your Premier Public Record Information Source
PHILADELPHIA BAR REPORTER / JUNE 2004 9 Class Action Awards Assist Bar Foundation by Edward F. Chacker tice we have to give Dad his due) was now permit use of funds for other one of three lead counsel in the suc- public-interest purposes by education- Lawyers love their Latin. As a BAR FOUNDATION cessful Aetna shareholders case. al, charitable and other public-service Philadelphia trial lawyer res ipsa loquitor As sometimes happens in class ac- organizations. Using this statement of (the thing speaks for itself) is right up tion lawsuits, there was money left ov- purpose for cy-pres awards is quite un- there for me. er after the distribution of funds to all derstandable. It’s why U.S. District Business lawyers love caveat emptor the claimants. Residual damage awards Court Judge John R. Padova approved (let the buyer beware). Criminal are possible in class action suits, where Deborah Gross’s petition to award the lawyers have mens rea (a guilty state of not all of the plaintiffs collect their leftover funds from the Aetna case to mind) and crimen falsi (a crime of portion of the damage awards. Because the Bar Foundation. deceit). The appellate lawyers go wild the court cannot hold the funds forev- In the past, we have benefited from with res judicata (a matter decided) and er, members of the plaintiff class are the efforts of former Bar Foundation stare decises (to stand by that which was given a time limit within which they Board member Sherrie Savett who suc- decided). know what cy-pres means. must claim their share. When they fail cessfully petitioned that several cy-pres As a practicing lawyer I have gotten Your Bar Foundation has just bene- to make the claim in time, the court awards go to the Bar Foundation. to use these and so many other Latin fited to the sum of $61,879.48 because may find itself with no recipient of the The best part of all is that the very phrases, but as the president of the one of our own great class action law- damage award. nature of the Philadelphia Bar Found- Philadelphia Bar Foundation, my yers not only knew the term but und- The courts have stated that while ation makes us uniquely qualified to favorite phrase is actually French – cy- erstands that residual money from a use of funds for purposes closely relat- be the recipient of cy-pres residual pres. Many of you know the Latin class-action suit can do a lot of good. ed to their origin is still the best cy-pres funds. We make grants to organizations phrases I used. But few people, except Deborah Gross of the Law Office of application, the doctrine of cy-pres and that work in any number of legal iss- our judges and class action lawyers, Bernard Gross (after 40 years of prac- the court’s broad equitable powers continued on page 17
the friends I made from other events. especially important to attorneys in the fund-raiser. Go with friends and YLD UPDATE Through networking, I have built a smaller firms and those building a colleagues or venture out on your own continued from page 9 circle of friends and acquaintances that practice. There is no greater benefit in and set a goal to meet a number of pool. So, we decided to hire a guide to is invaluable. In addition to what I the profession than knowing others people. You’ll never regret putting forth teach us rock climbing. It was definite- already described, I can honestly say who are experiencing the same prob- so little for such great rewards. ly a noteworthy experience and gave that I am able to go to any event and lems and successes as you. They can us something to talk about that night. I know that I will see someone I recog- help you along the way. wouldn’t have done it had it not been nize and have the opportunity to meet My advice to you is to attend the Kim R. Jessum, chair of the Young Lawyers Division, is patent counsel for Rohm and Haas Company. Her e-mail for my attendance at the meeting and new and interesting people. This is next Young Lawyers Division event or address is [email protected].
6WLOO6HDUFKLQJIRU$QVZHUV WR