Begala to Share Insider's Vi E W, M E M Bers to Vote on April 5

March 2001 The Monthly Newspaper of the Philadelphia Bar Association Vol. 30, No. 3

R O U N D - U P Begala to Share Insider’s Vie w , Levy Fund Established During his tenure as Chair of Me m b ers to Vote on April 5 the Philadelphia Bar Association’s Compulsory Arbitration Former presidential advi- Iraq.” Committee, Benjamin F. Levy was sor Paul Begala will be the Now an author, scholar, instrumental in establishing a keynote speaker at the Bar corporate communications process by which fees earned by Association’s Quarterly strategist and TV commenta- attorneys sitting as arbitrators Meeting and Luncheon on tor, Begala looks back on his could be donated to the Thursday, April 5 at noon at time in the vortex of power Philadelphia Bar Foundation or the Park Hyatt Philadelphia and says modestly, “I was Community Legal Services. These at the Bellevue. happy to help.” One of the fees are one of the few sources of On the same day, mem- lead characters on the televi- unrestricted funding for legal bers will vote on proposed sion series “The West Wing” services and have been an bylaw amendments regard- is based on Begala, according important source of support for ing voting procedures. Voting to The Washington Post. free legal services for victims of will be from 8:30 a.m. to 6 Having grown up in poverty, abuse and discrimina- p.m. at the Park Hyatt. Texas, Begala earned both his tion in our community. Widely praised as one of undergraduate and law As a tribute to Ben’s efforts to the sharpest political minds degrees from the University assist the needy, current Co- in the country, Begala served of Texas, where he was presi- Chairs Jeffrey L. Dashevsky and in the White House as coun- dent of the student body. All Andrea M. Deutsch are encour- selor to the President during of that prepared him well for aging each person serving as an one of the most dramatic his later role as half of the Paul Begala served as an advisor to President Clinton and reportedly arbitrator to donate all or a por- periods in American history. legendary campaign consult- has a character on NBC’s ‘The West Wing’ based on him. tion of the fees earned to the Bar One of President Clinton’s ing team of Carville and changed the course of history Foundation or Community Legal closest advisors, he was also Begala. As such, he helped with his stunning victory. “It Special Election Services in Ben’s memory. the administration’s principal steer many successful politi- was like being the jockey on • See details on Pages Contributions received by both public spokesperson. cal campaigns including Secretariat,” Begala remem- 2, 4, 5, 6, 7 and 10. groups will be acknowledged to It was a tumultuous time. those for former Pennsyl- bers. Though Begala and the Ben’s family. “Within the space of one vania Gov. Robert Casey and other “new kids” in Washing- If you have any questions or week in 1998,” Begala recalls, U.S. Sen. Harris Wofford (D- ton got off to an admittedly would like to make a contribu- “the President was Pa.), and Sens. Dianne rocky start, they did help ment at Georgetown tion to the Benjamin Levy impeached by the House of Feinstein (D-Calif.), Frank usher in an era of unprece- University and is contribut- Memorial Fund at the Bar Representatives, the Speaker Lautenberg (D-N.J.), and Zell dented prosperity and saw a ing editor for George maga- Foundation to ensure that all of the House resigned on Miller (D-Ga.). He was a Democratic president re- zine, which he helped launch members of our community have national television on the senior strategist for the elected for the first time since with John F. Kennedy Jr. He access to legal services, contact floor of the House and the Clinton-Gore presidential FDR. has co-hosted MSNBC’s Heather Bendit, Director of the President called for air strikes campaign in 1992 when Begala is currently “Equal Time” with Oliver Bar Foundation, at (215) 238-6334 against Saddam Hussein in Clinton, the “comeback kid,” research professor of govern- continued on page 3 or [email protected]. Your gift is deductible as a charitable contribution. Chancellor’s Forum to Focus on Presidential Vote

A panel of political Pennsylvania Attorney between 13th and Broad to a conclusion the most liti- In This Issue ... experts with wide-ranging General Mike Fisher, Temple streets opposite City Hall. The gious election in the history points of view will discuss Law professor David Kairys program runs from 9 a.m. to of our country. The decision 2 Chancellor’s Column the U.S. Supreme Court and and attorney Gregory M. 12:15 p.m, with registration in Bush v. Gore resolved the the 2000 presidential election Harvey of Montgomery, beginning at 8:30 a.m. Three election. But what will its 9 YLD Update at a Chancellor’s Forum on McCracken, Walker & CLE credits are available for a effect be over the long run Tuesday, March 27. Rhoads LLP, who also serves $99 course registration fee for future elections and for 11 Judicare Former Philadelphia as course planner. Chancell- that also includes a course Constitutional law? Mayor Edward G. Rendell, or-Elect Allan H. Gordon will manual. There is no charge Attendees will want to 12 Arts & Media who also served as General introduce the program. for the program if CLE credit register early for this provoc- Chairman of the Democratic The forum will be held at is not desired. ative and highly informative 14 Calendar National Committee, will be the PBI-PBEC Education On Dec. 12, 2000, the Chancellor’s Forum. For more part of the faculty for the Center on the 10th Floor of Supreme Court issued a per information, call PBI at (800) 15 People forum, along with the Wanamaker Building, curiam decision that brought 247-4724.

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Sp ecial Election Will Det e r m i n e • Report of the Ad-Hoc Committee on Election Reform. Page 4 • Dissenting Report of the Ad-Hoc Future of Bar Association Vot i n g Committee. Page 6 by Carl S. Primavera on election day. Because our Board of Governors was Call it “the vote on how to vote.” presented with the petition amendment That’s what will happen on F R O N T L I N E duly signed by at least the requisite Thursday, April 5 at the Park Hyatt number of 100 Association members, Philadelphia at the Bellevue when we we were required to review the matter gather for our Spring Quarterly Meeting and call a vote of the full membership Editor-in-Chief and simultaneously hold a rare special on the amendment. Inasmuch as a Bruce H. Bikin, Esq. election throughout the day to deter- change in the voting provisions is Associate Editors mine whether or not we want to amend something that has engendered intense Michael A. Cibik, Esq. our bylaws. We will vote in-person debate, a special committee of the Board Glenn F. Rosenblum, Esq. using the same procedure and the same reviewed the issues carefully and pre- electronic voting machines that we use sented a majority report offering the Contributing Editor Richard Max Bockol, Esq. at our Annual Election in December. But Primavera amendment. I allowed my you won’t find any names on the ballot. office is in Center City the rules regard- name to be associated with this com- Advisory Editors Instead, you will find three choices and promise proposal because I feel it Merih O. Erhan, Esq. ing voting and absentee ballots would Marc Reuben, Esq. you will be asked to vote for one. Two remain unchanged. strikes a sensible balance that answers of the choices are bylaw amendments 2) What is called the “Petition the primary concerns of those who have Director of Publications Mark A. Tarasiewicz that would, to one degree or another, amendment” expands voting for all by wanted to expand voting options. A sig- change our current system of voting. secret mailed ballot, paper ballot or by nificant minority of the special commit- Managing Editor Jeff Lyons The third choice is the option of no voting machine. It also opens the door tee offered its own dissenting report change at all in the voting method. In to electronic voting over the Internet “to that embraces the petition amendment. Copy Editor Kate Maxwell greater detail, here are the choices: the extent permitted by law pursuant to You can read the majority and minority 1) What has come to be known as procedures established by the Board [of reports in this issue, and on the Web at Associate Executive Director the “Primavera amendment” would Governors] to preserve the confidential- www.philadelphiabar.org. for Communications and Public Affairs Daniel A. Cirucci expand absentee voting by paper ballot ity of the Member’s vote and the To be adopted, an amendment must so that any Bar Association member integrity of the voting process.” It stipu- receive a majority of the votes of those Executive Director Kenneth Shear whose principal office is outside of lates that “voting machines, if available, voting. A mere plurality will not suffice. Center City could vote by absentee bal- shall be preferred for in-person voting, I believe this election is healthy for lot as a matter of course. This broad- our Association. The Philadelphia Bar Report e r (ISSN 0145-3491) is unless there is an election at which published monthly and available by subscription for ened provision would apply to mem- there is no contest.” I personally favor the Primavera $45 per year by the Philadelphia Bar Association, 1101 amendment because I feel that, general- Market St., 11th fl., Philadelphia, Pa. 19107-2911. bers beyond the area bordered by the 3) What can only be termed “neither Periodicals postage paid at Philadelphia, Pa. POST- Delaware River on the east, the ly, the in-person aspect of voting has M A S T E R : Send address changes to Philadelphia Bar amendment” would direct that no R e p o rt e r, c/o Philadelphia Bar Association, 1101 Schuylkill River on the west, South change be made at all in the bylaws, many benefits. There is something to be Market St., 11 fl., Philadelphia, Pa. 19107-2911. Street on the south and Spring Garden said for showing up to vote. Our Telephone: (215) 238-6300. Association Web site: thus retaining all of the elements of the ww w. p h i l a d e l p h i a b a r. o r g. Newspaper e-mail addre s s : Street on the north. If your principal present system. That means we would Annual Meeting and Election is a strong re p o rt e r @ p h i l a b a r. o rg. The editorial and other views demonstration of our collective com- expressed in the Philadelphia Bar Reporterare not nec- office is outside of that area, you could continue in-person voting via electronic essarily those of the Association, its officers, or its vote by absentee ballot even if you are mitment to the Association. Our names members. Advertising rates and information are avail- voting machines with absentee ballots able from American Lawyer Media, 1617 JFK Blvd., not ill, disabled or out of town on elec- permitted only for illness, disability, and faces are the names and faces of the Suite 1750, Philadelphia, Pa. 19103-9655. Telephone: tion day. For those whose principal (215) 557-2300. accident or those who are out of town continued on page 3

Quarterly Meeting and Luncheon Thursday, April 5 at Noon at the Park Hyatt Philadelphia at the Bellevue • Featuring keynote speaker Paul Begala, former White House advisor • Honoring Immediate-Past Chancellor Doreen S. Davis

Please make reservations for the Philadelphia Bar Association’s Quarterly Meeting Re t u r n to: and Luncheon. Tickets are $40 for members and $45 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

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2 MARCH 2001 / BAR REPORTER Women in Profession to Honor Late Colleague by Jeff Lyons committee,” said committee member in 1980 as a paralegal. She was admit- a contribution should forward a check Kathleen Wilkinson. “She really ted to the bar after attending Temple to Kathleen D. Wilkinson at Wilson Members of the Women in the brought a lot of valuable experience University School of Law at night. She Elser Moskowitz Edelman & Dicker, Profession Committee are keeping the and she brought a lot of women attor- also was her law firm’s coordinator for Curtis Center, Suite 1130 East, Indep- memory of their late colleague, Dolores neys to our committee. She also was a the Philadelphia Volunteers for the endence Square West, Philadelphia, Pa. F. Faraldo, alive by making a donation mentor to women lawyers at her firm. Indigent Program. 19106. to the Philadelphia Bar Foundation in “She was so young and on her way The donation will be made to the The checks should be made payable Faraldo’s name. Faraldo died in up. She was thinking about running Bar Foundation, Wilkinson said, to the Philadelphia Bar Foundation, December after fighting pancreatic for judge. This is just our way of letting because the Foundation stands for all noting Faraldo’s name on the bottom cancer. She was 42. everyone know she won’t be forgot- the things and values that were impor- of the check. For more information, “I had the pleasure of working with ten,” said Wilkinson. tant to Faraldo. contact Kathleen Wilkinson at (215) Dee when I served as co-chair of the Faraldo joined Cozen and O’Connor Anyone who is interested in making 627-6900.

FRONTLINE BEGALA continued from page 2 continued from page 1

Association. This organization belongs North and is a political analyst for the to us. Furthermore, in our increasingly “News Hour with Brian Williams.” His impersonal age, the opportunity to see experience with corporate communica- and meet our colleagues face-to-face tions includes a stint as senior vice should not be lightly dismissed. We president of the communications strat- need more time - not less - to meet egy firm Public Strategies, Inc. where and greet, communicate personally and his clients included Coca-Cola and relate to each other as human beings. Southwest Airlines. He has lectured For those who are reasonably beyond widely including at Oxford University, the bounds of the voting place a new UCLA and the University of Texas, and and sensible option would be provided has participated in symposia at under the Primavera amendment. Harvard, Princeton and the University Regardless of the outcome, our of Pennsylvania. Association, now almost 200 years old, A frequent guest on national news will survive and thrive if we all partici- programs, Begala has appeared on pate. Democracy always has the last “Meet the Press,” “Larry King Live,” word and that is as it should be. “This Week with Sam and Cokie” and We are going to vote on how to many other broadcasts. Just before last vote on April 5. year’s presidential race, Begala It is your chance to let your voice authored a biting critique of George W. be heard. Chancellor Featured on Radio Program Bush’s leadership of Texas titled in the future president’s own words: “Is Our Please, come out to vote. And while Chancellor Carl S. Primavera is interviewed by host Lora Lewis on WXTU-FM 92.5 dur- you are there, meet some new friends, Children Learning?” ing the “Philadelphia Focus” program. Primavera discussed his plans for the Bar As the Bush administration make some new friends and enjoy the Association during 2001 and shared information about the Association’s various pub- company of your colleagues. approaches the end of its first 100 days, lic service programs. The Chancellor is making frequent radio and television appear- attendees on Thursday, April 5 will ances to tout the role and importance of the legal community in the life of the city and Carl S. Primavera, partner in the law firm of Kl e h r, hear a unique insider’s perspective on H a rrison, Harvey, Branzburg and Ellers LLP, is the region. Chancellor of the Philadelphia Bar Association. His e- policy, politics and the media. mail address is ch a n c e l l o r @ p h i l a ba r. o r g .

BAR REPORTER / MARCH 2001 3 Report of Ad Hoc Committee on Election Reform

Editor’s note: The following is the Report Member; Jeffrey M. Lindy, Co-Chair, tiality of the process and erode the see our turnout as similar to national and Recommendation of the Ad Hoc Membership Committee; Richard S. benefits of the present system. elections. Committee on Election Reform. All exhibits are Seidel, Co-Chair, Membership 2. What Do Our Members In any event, we do not know the available at Bar Association Headquarters. Committee; Ralph S. Pinkus, Co-Chair, Want? extent to which members choose not Charter & Bylaws Committee; and The Philadelphia Bar Association to vote because going to the polling Background David Unkovic, Co- Chair, Charter & Survey in April, 2000, asked a sample place is inconvenient. Many lawyers An Election Procedures Task Force Bylaws Committee. of lawyers for their preferences regard- believe that bar elections do not signif- (“Task Force”) was appointed by the At a meeting on January 4, 2001, ing the process of electing officers and icantly affect their lives or practices. immediate past Chancellor, Doreen S. Chancellor Primavera organized the board members. The responses were as Others are content with how things are Davis, to consider potential changes to Committee’s discussion by designating follows: going and see no need to get involved. the process by which officers and Mary Platt as the principal spokesper- Continue the current in-person system Nevertheless, convenience is probably board members are elected in the son for proponents of the Petition and using voting machines, 129 total, 92 a factor to some degree, so it may be Philadelphia Bar Association. In July, Richard Seidel as the principal members; Use mail paper ballots, presumed that more votes would be 2000, the Task Force submitted a writ- spokesperson for an alternative pro- 112 total, 87 members; Use e-mail or cast if mail balloting were allowed. ten report, recommending that voting posal to expand the absentee ballot Internet voting if security can be It is less clear, however, that mail be allowed (a) in person, (b) by mail procedure. In addition, Greg Mathews assured, 299 total, 228 members; No balloting would encourage greater par- ballot, and (c) by Internet voting. The and Rudy Garcia were asked to serve answer, 60 total, 37 members. (For more ticipation in any other bar activities. Task Force’s report was presented to as recorders of the Committee’s discus- detail, see the chart attached as Exhibit For example, attendance at the annual the Board of Governors (“Board”) for sions and, ultimately, to prepare its D.) luncheon held in connection with the discussion, but no action was pro- report. The issues were thoroughly dis- Almost half of the survey partici- election would be likely to decline, posed. A copy of the report is attached cussed for several hours, as summa- pants would favor Internet voting “if because fewer members would come as Exhibit A. rized below. Everyone in attendance security can be assured.” However, such out to vote in person. The present sys- At a meeting of the Board on participated in the discussion and con- security cannot be assured with the tem also provides an opportunity to October 26, 2000, Chancellor Davis pre- sidered each other’s views. technology currently available and we meet the candidates and socialize with sented a petition signed by at least 200 A second meeting of the Committee have been advised by the association’s bar leaders, which motivates some members of the association (“Petition”), was held on January 11, 2001. The counsel that Internet voting is not members to get more involved in com- proposing a change to the bylaws competing proposals were discussed presently allowed under Pennsylvania’s mittees and other activities. Fewer regarding voting procedures. The again at length and the Committee’s nonprofit corporations law.2 lawyers would take advantage of that Petition seeks to allow voting as rec- substantive recommendations were The next highest number favored opportunity if they could simply mail ommended by the Task Force, except then approved by a vote of 6 to 3, with continuing use of our current in-per- in a ballot instead. that Internet voting would be imple- 1 abstention. Vice Chancellor Audrey C. son system, and the smallest number 4. Would Mail Voting Impair mented only “to the extent allowed by Talley participated in the meeting and favored mail ballots. Because respon- the Confidentiality of the Process? law pursuant to procedures established voted as an ex-officio member, pur- dents could choose only one of the Several members of the Committee by the Board to preserve the confiden- suant to Section 702(A) of the associa- three methods, it is not clear whether a expressed strong concerns about the tiality of the Member’s vote and the tion’s Bylaws. majority would favor a combination of confidentiality of voting by mail. For integrity of the voting process.” The Committee next discussed the in-person and mail balloting. example, a supervising attorney who That quoted language was used manner by which the proposals should The importance of the preferences enthusiastically supports a particular because the present nonprofit corpora- be submitted to the association’s gen- to the respondents also is not known, candidate might urge associates to vote tions law in Pennsylvania does not eral membership. Approval of its rec- because that question was not asked in for that candidate and then collect permit Internet voting. A copy of the ommendation in that regard was the survey. Nor were the issues raised their ballots.3 The ability to seal a ballot Petition is attached as Exhibit B. unanimous. in this report brought to the attention before collection would not wholly By resolution passed on November Issues Considered of the survey participants. insulate an associate from that 21, 2000, a copy of which is attached as The major issues considered in the It also was noted that only 540 par- predicament, because the supervising Exhibit C, the Board directed the for- Committee’s discussions were as fol- ticipants responded to the voting pref- attorney might then suspect it was an mation of this Ad Hoc Committee on lows. erence question, and only 407 of them adverse vote. Other members did not Election Reform (“Committee”). The 1. Why Should We Change the were members of the association. That view the potential loss of confidentiali- Committee’s charge is to: study the Present System? is only 3% of our membership, which ty as a substantial risk. There also issues presented and make recommen- The Committee unanimously con- caused some members of the would be some risk of more intention- dations to the Board regarding, inter cluded that our present system is pro- Committee to doubt whether any al abuses, but the Committee was alia, the desirability of the proposed ducing well-qualified leaders in a fair meaningful conclusions can be drawn inclined to trust our members rather changes set forth in the Petition; the and trustworthy manner. The associa- from the answers to this particular sur- than basing any of its conclusions on legality of the proposed changes set tion’s current officers and governors vey question. Other members of the that possibility. Although problems forth in the Petition; alternative poten- come from a wide variety of practice Committee relied on the statistical with confidentiality might be rare, tial Bylaw changes relating to the issue areas, firm sizes, and ethnic back- validity of the survey as a whole to even an occasional abuse would be of election procedures; the method by grounds. Contrary to some recent support their belief that the responses unfortunate. which any proposed amendments to implications in the press, no organiza- to this question accurately reflect the In contrast, no one can know what the Bylaws relating to voting proce- tions or other segments of the bar are preferences of our members. anyone else really does in the privacy dures, including the amendment set- disproportionately represented.1 In In any event, the Committee noted of a voting booth. forth in the Petition as well as any stark contrast to the most recent that the best way to find out what our 5. Would Mail Voting Engender potential alternative proposals, should national presidential election, our asso- members really want is to submit the Voter Apathy? be presented to the Membership for ciation’s current system yields immedi- issues to a vote of the general mem- One member of the Committee consideration and for voting. ate and unquestionably accurate bership. noted that “he mailed it in” is a com- The Committee was duly formed, results. 3. Would Mail Voting mon euphemism for an apathetic deci- including the following members: Nevertheless, the Committee Encourage Greater Participation? sion. Simply checking off names on a Carl S. Primavera, Chancellor; Allan believes that we should always strive We recognize that voting in bar mailed form may not be treated as H. Gordon, Chancellor-Elect; to make our system even better. The elections can be inconvenient and that seriously as a trip to a polling place to Doreen S. Davis, 2000 Chancellor; difficulty is that what some view as it is a low priority for many of our use a voting machine. Members who Rochelle M. Fedullo, Board Chair; better, others view as worse. In general, members. However, we have differing know nothing about the candidates or Gregory H. Mathews, Treasurer; Cheryl the differing views tend to reflect a views about what that means. the issues may vote anyway by mail L. Gaston, Ass’t Treasurer; Mary F. Platt, natural tension between the desire to Some members of the Committee ballots, which would add an element Board Member; Rudolph Garcia, Board make voting easier and the concern believe that our voter turnout is too Member; Joseph A. Sullivan, Board that doing so may impair the confiden- low. Others question that premise and continued on page 5

4 MARCH 2001 / BAR REPORTER REPORT Members voting at the Annual Proposed Bylaw Amendments Meeting in the same manner as for the continued from page 4 (Choose only one of the following.) election of members of the Board and of randomness to election results. That Officers; or is not likely to enhance the quality of [ ] Primavera Amendment (2) By a majority vote of those our leadership. The first sentence of Section 406(C) shall be replaced with: members present and voting at an 6. Should In-Person Voting Be A Member who, by reason of illness, disability or accident, will be physically Annual, stated or special meeting of Encouraged? unable to vote in person may vote by absentee ballot. In addition, a Member the Members; or The annual election provides all whose principal office is located outside of the area known as Center City (3) By a majority vote of those members with a chance to meet the Philadelphia, or who will be absent from that area on election day, also may Members voting by secret mailed bal- candidates. There is a flurry of activity vote by absentee ballot. The area known as Center City Philadelphia is defined lot, provided that at least 100 Members and excitement is in the air. Many as that area bordered on the east by the Delaware River, on the west by the shall have cast a ballot. lawyers see each other there and renew Schuylkill River, on the north by Spring Garden Street and on the south by The Committee did not wish to wait old acquaintances. It brings us closer South Street. for the next annual meeting in together as an association and is a December, 2001, and preferred the use time-honored tradition that we all [ ] Petitioners Amendment of voting machines for this decision by believe should be preserved. The view The title of Section 406 shall be amended to read: “Section 406. Voting.” the general membership. That nar- also was expressed that in-person vot- Section 406(B) shall be amended to read: rowed the possibilities down to the ing is a public, civic act that forms a The election shall be by (1) secret mailed ballot and (2) paper ballot or voting second approach listed above. Whether core value of our Nation’s democracy machine. In addition, Members may vote electronically over the Internet to the the voting should occur at a stated and that, as an association of lawyers, extent permitted by law pursuant to procedures established by the Board to meeting or a special meeting was left we should prefer and encourage that preserve the confidentiality of the Member’s vote and the integrity of the vot- for further discussion with the entire method of voting. ing process. Voting machines, if available, shall be preferred for in-person vot- Board. If mail voting is allowed, the press ing, unless there is an election at which there is no contest. The position of the Recommendations of other business will undoubtedly nominee on the ballot shall be determined by lot. The drawing of lots shall be The Committee’s recommendations result in fewer members coming to the conducted by the Judge of Elections not less than 25 days before the Annual are as follows: polls. As time goes on, in-person vot- Meeting in the presence of the nominees and/or their representatives. The form (1) The Board should oppose the ing may dwindle to the point where it of the ballot shall be prescribed by the Board. A ballot shall be sent by the bylaw amendment proposed by the becomes economically unfeasible. If it Association by mail to every Association member eligible to vote at least two Petition; ultimately is abandoned, our associa- weeks prior to the date set for the Annual Meeting. A mailed ballot shall not (2) The Board should support the tion may lose a great deal of the cama- be counted unless it has been received at the office of the Association no later Primavera Amendment; and raderie and vitality we now enjoy. than 10:00 a.m. three business days prior to the date set for the Annual (3) Both proposals should be sub- 7. Should Members Outside of Meeting and in such manner as to preserve the confidentiality of the Member’s mitted to the general membership by Center City and Disabled Members vote. The Judge of Elections shall count the mailed ballots after the polls have use of voting machines at a stated or Be Allowed to Vote by Absentee been closed. special meeting. Ballot? Section 406(C), providing for absentee ballots, shall be deleted from the Bylaws. Approved By: The inconvenience of in-person Carl S. Primavera, Chancellor; Allan voting to members who practice in [ ] Neither Amendment H. Gordon, Chancellor-Elect; Rochelle distant parts of Philadelphia is much I vote “no” on each of these two proposals. (Do not make either change to the M. Fedullo, Board Chair; Jeffrey M. greater than it is to those whose offices current system for voting.) Lindy, Board Vice-Chair and Co-Chair, are within a few blocks of the polling Membership Committee; Rudolph place. The same is true for some mem- accident or absence from the City of for using an absentee ballot. That Garcia, Board Member and Committee bers who are disabled. Thus, the Philadelphia, will be physically unable amendment was not accepted, because Recorder; Richard S. Seidel, Board Committee also considered a proposal to vote in person, may vote by absen- it would expand the Primavera Member and Co-Chair, Membership to expand the absentee ballot proce- tee ballot.” That would be changed to Amendment well beyond its intended Committee; Joseph A. Sullivan, Board dure for those types of members, for read as follows: purpose. Concern was expressed that Member. whom in-person voting is a more seri- ‘’A Member who, by reason of ill- justifications such as “I have too much Date: January 18, 2001 ous hardship. This alternative has come ness, disability or accident, will be phys- work to do” might be viewed as an Footnotes to be known as the “Primavera ically unable to vote in person may unavoidable professional conflict. That Amendment,” because it was suggested 1. The dissenting report contends that vote by absentee ballot. In addition, a would leave little difference between the Petition’s approach would result in a previously by Chancellor Primavera as Member whose principal office is located out- the modified Primavera Amendment more representative leadership. How-ever, a compromise to supporters of the Task side of the area known as Center City and the Petition. that view was never expressed or dis- Force recommendations. Philadelphia, or who will be absent from that 8. Should We Adopt a cussed at any meeting of the Comm-ittee. The Task Force report sought to area on election day, also may vote by absentee Prospective Provision on Internet In fact, the spokesperson for the Petition remedy the hardship caused by requir- ballot. The area known as Center City Voting? explicitly stated that, in her opinion, chang- ing geographically distant members to Philadelphia is defined as that area bordered Most members of the Committee ing the method of voting would not change vote in Center City. The Primavera on the east by the Delaware River, on the west believe it would be imprudent to who gets elected. Under either system, Amendment would alleviate that hard- by the Schuylkill River, on the north by Spring amend the bylaws now to allow anyone can run for office and everyone can vote. ship by allowing members outside of Garden Street and on the south by South Internet voting at some unknown time 4 2. Although the dissenting report men- Center City to vote by absentee ballot. Street.’’ in the future. The issues facing our The Task Force report did not base its tions a contrary opinion by a “well-regard- The association’s membership data- future leaders may be quite different if ed authority,” no such opinion was pre- recommendations on any of the other base reveals that approximately 29% of and when Internet voting becomes sented to the Committee. arguments now asserted by the our voting members have their prima- lawful in Pennsylvania. It would be far 3. The dissenting report unfairly char- Petition’s proponents. ry office addresses outside of Center more appropriate to consider this acterizes this as an unjustified fear of If a change to the bylaws is to be City (based on slightly different zip change in light of the circumstances intentional “Vote tampering.” On the con- made, the Committee also believed it code boundaries). Of those, 19% are existing and the technology available trary, this type of conduct could occur with should clarify that disabled members outside the city limits and already can at that time. the best of intentions at any firm. can vote by absentee ballot. That is vote by absentee ballots. The other 9. How Should These Issues Be 4. The dissenting report’s argument consistent with the intent of the cur- 10%, or approximately 1,049 voting Presented to the Members? that this approach is “unfair” to Center City lawyers ignores the fact that in-person vot- rent provision, which includes “illness” members, would be helped by the Under Section 1100 of the associa- ing is a much greater burden for members as a basis for submitting an absentee Primavera Amendment. tion’s Bylaws, there are three possible ballot. in distant parts of Philadelphia. Moreover, An amendment to this proposal was methods for submitting proposed any member who will be outside of Center Section 406(C) of the association’s suggested by proponents of the bylaw changes to the general member- City on election day would be entitled to current Bylaws provides that “A Petition, to add “unavoidable profes- ship: vote by absentee ballot, not just those with Member who, by reason of illness, sional conflict” as an additional ground (1) By a majority vote of those their principal offices there.

BAR REPORTER / MARCH 2001 5 Dissenting Rep ort of the Ad Hoc Committee Editor’s note: The following is the polling place. This is clearly not the however, getting to the polling place is tions of our members to cast an Dissenting Report from the Ad Hoc Committee view of our members as a whole. Sam difficult or impossible due to compet- informed vote. We should respect the on Election Reform. All exhibits are available Becker, who chaired the Survey 2000 ing professional demands or other rea- judgments and electoral preferences of at Bar Association Headquarters. Committee, presented to the Ad Hoc sons. Some members also have a dif- our members whether expressed on 1. We favor the Bylaw Committee survey data indicating that ferent view about their experience at mail ballots or by voting machine. Amendment proposed in the members with Philadelphia addresses the polling place, where dozens of can- 2. We Support the Concept of Petition prefer methods of voting other than in didates and campaigners “meet and Internet Voting There was consensus among mem- person. Specifically, the 2000 Survey greet” each voter before the member Some in the majority objected to bers of the Ad Hoc Committee that conducted by Erdos & Morgan solicit- can enter the polling place. As the Internet voting provisions of the taking reasonable steps to make it easi- ed information from a representative Columbia University history professor Petition. Our understanding is that er for members to vote in bar elections sample of Pennsylvania licensed attor- Alan Brinkley has observed: “Given Larry Beaser, counsel to the Board of would be in the best interest of the neys with addresses in Philadelphia how low voter turnout is [in public Governors, has opined that there is Association. It was noted that regular County. Of the 600 respondents, 444 elections], it is hard to say that the ritu- nothing improper about this aspect of members of the Association are enti- were members of the Association. al of going and standing in line at the the proposed amendment because it tled to vote and that voting in elections When asked about the method by polls is any longer anything that would only allow for Internet voting is important to the vitality of our orga- which the Association should conduct attracts people to voting.” We think that “to the extent permitted by law.” nization because the leaders we select its annual election, 51.4% of the 444 many members have the same view Furthermore, on January 16, we set the direction of the Association. members responding preferred email about the current in person voting sys- learned from attorney William Clark, a Despite the importance of voting to or Internet voting; 19.6% preferred mail tem of the Association. The alternative well-regarded authority on assure the most representative leader- ballots; 20.7% favored the existing in- of convenient, unrestricted voting by Pennsylvania corporate law and part- ship, statistics provided by the Election person system using voting machines mail would assure greater participation ner at Drinker, Biddle & Reath, that in Procedures Committee indicate a fluc- and 8.3% expressed no preference. by members in the election process. his view, Internet voting is legal under tuating, generally low level of voting (Exhibit 2) Thus 71% of members It also is worth noting that although the current provisions of the for the past 20 years. (Exhibit 1) While responding preferred either Internet the annual luncheon meeting takes Pennsylvania Nonprofit Corporation election contests seem to create some voting or mail voting over the current place in the same building as the vot- Law. Specifically, Section 5758(b) of the incentives for a larger turnout, even in-person system and the use of mail ing place, it does not appear that Pennsylvania Nonprofit Corporation contests between highly qualified can- ballots was favored by nearly as many attendance at the luncheon is particu- Law provides that, “[t]he manner of didates, such as the recent election for respondents as in-person voting. The larly affected by the current require- voting on any matter, including Vice Chancellor, fail to achieve voter majority report utilizes results that ment for in-person voting. Indeed, changes in the articles or bylaws, may turnout of more than about 30% of the include 149 responses from nonmem- attendance at the annual meeting lun- be by ballot, mail or any reasonable membership entitled to vote. bers, which seems irrelevant to the cheon is typically 66-75% of attendance means provided in a bylaw adopted by Whatever the cause for generally questions of what “our members want.” at the quarterly meeting lunches, the members.” Because the proposed low voter participation currently, there Some members of the majority also according to the bar staff. Internet voting provisions would be is strong evidence that easier methods question whether “any meaningful The second concern expressed by subject to procedures established by of voting, such as the use of mail bal- conclusions can be drawn” from a some members of the majority of the the Board to assure the confidentiality lots, will increase participation sub- sample of about 3% of our total mem- Ad Hoc Committee is that the integrity of a member’s vote and the integrity of stantially. The Wall Street Journal recently bership, but offer no reason to believe of the election process would be jeop- the voting process, it would certainly reported, for example, that Oregon, that this sample is not representative of ardized if members could vote by mail. appear to satisfy the “reasonableness” which now conducts all primary and the views of our membership generally It was suggested that supervising attor- standard set by the statute. general elections by mail, has seen within normal margins of error. neys at law firms could determine how The majority asserts, without voter participation rise to 80%, well The bylaw amendment proposed in firm attorneys, particularly young asso- authority, that security of an Internet above the 51% voter turnout nationally the Petition responds to this clear pref- ciates, cast their ballot by mail. On the vote cannot be assured. Yet, the in the November 2000 general election. erence of our members for a funda- other hand no one can control how a January 2000 SecurePoll.com White Paper The Petition’s proposed bylaw mentally easier, more conveniet meth- member votes inside the voting booth. on Internet Voting, which was distributed amendment would permit members to od of participating in bar elections. In Today we have an honest, above board to the Ad Hoc Committee, reaches a vote either by mail ballot or in person fact, under the existing, cumbersome election process and there is no reason contrary conclusion: at the polling place. In addition, it absentee ballot process, which requires to fear it would be less so if mail vot- “The use of digital certificates to would provide for Internet voting to a member to anticipate an illness, acci- ing were an option. Under the current generate digitally signed ballots makes the extent permitted by law subject to dent or absentee from Philadelphia on absentee ballot system the same possi- it possible to determine both the iden- procedures established by the Board of election day, over 19% of all votes in bility of manipulation exists yet there tity of the sender and the integrity of Governors to preserve the confidential- the bar election in December 2000, has never been a suggestion of vote the ballot to a degree of certainty far ity of individual votes and the integrity were mail absentee ballots. This repre- tampering of any absentee ballot dur- exceeding that which now exists with of the voting process. We believe adop- sents by far the highest absentee mail ing the 18 years the current Executive the current means used for traditional tion of such a bylaw amendment voting rate in the last 20 years. Director has served the Association. Far voting.’’ would give our busy members the During the deliberations of the Ad from giving an unfair advantage to VoteHere.net, for example, offers an flexibility of voting in the manner most Hoc Committee, we heard primarily large law firms, a new, more accessible Internet voting system with security convenient and meaningful to them. two arguments against the bylaw voting system would, we think, expand comparable to traditional voting sys- We recommend adoption of this amendment to give all members the the opportunities for all segments of tems (Exhibit 3). amendment as the approach best able choice of voting in-person or by mail. the bar to be involved in the electoral If the bylaw provision were adopt- to improve voter participation by all First, there is the notion that voting is process. With higher participation ed, the Board and bar staff would be our members. an important citizen/member function rates, candidates for office will need to able to move in carefully controlled The majority of the Ad Hoc that is made more meaningful when make broader, issues-based appeals in steps to incorporate an Internet voting Committee is only willing to expand members physically appear at a polling order to win election, which would capability beginning perhaps simply absentee balloting for members with place. The membership comes together inevitably result in a more representa- with the use of Internet voting tech- business addresses outside the central to socialize and meet the candidates as tive leadership. nology in a supervised setting such as business district referred to as Center well as to vote. Of course, the proposed Some members of the majority also the existing polling place used for bar City. Opposition to the broader reform amendment would preserve the ability suggested that votes cast by mail ballot elections. The Report of the California embodied in the Petition’s proposed of members to continue to come to a would be less well thought out, adding Internet Voting Task Force, which was dis- amendment seems to spring from the polling place for these purposes for “an element of randomness to election tributed to the Ad Hoc Committee, rec- conviction that members should be those members who value this aspect results.” We think such speculation is ommended this type of phase-in of required to vote in person at a single of participation. For many members, inconsistent with the natural inclina- continued on page 7

6 MARCH 2001 / BAR REPORTER DISSENTING REPORT 30% of our members, based on their than an unavoidable professional con- they have reviewed drafts of the business address, would be free to vote flict or personal emergency. There can majority and dissenting reports. Ralph continued from page 6 by mail, while 70% of our members be no question of favoritism if all Pinkus joins in all aspects of this report Internet voting in the state of would not be able to do so. This fun- members are treated the same way. We and David Unkovic joins in Section 1 California. damental inequity cannot be justified. think every member is entitled to the and 2. The fact is that Internet voting is Whatever the perceived virtues of in- choice of voting in person or by mail. Respectfully submitted, becoming increasingly popular. Labor person voting, it is fundamentally Audrey Talley, the new Vice Doreen Davis, 2000 Chancellor; Greg unions, credit unions, professional unfair to require that members within Chancellor of the Association, is an ex- Mathews, Treasurer and Committee organizations, corporations and other the central business district uphold officio voting member of the Ad Hoc Recorder; Ralph Pinkus, Co-Chair, private groups have used online voting those virtues while members outside Committee pursuant to Section 702(A) Charter and Bylaws Committee; Mary for years. In March 2000, the Arizona Center City are freed from the burdens of the bylaws. It also should be noted Platt, Board Member; Audrey Talley, Democratic Presidential Primary was associated with an in-person voting that the co-chairs of the Charter and Vice Chancellor; David Unkovic, Co- conducted over the Internet, by requirement. Distance from the polls is Bylaws Committee, David Unkovic and Chair, Charter and Bylaws Committee Election.com, which has run more than not the only acceptable justification for Ralph Pinkus did not receive notice of January 18, 2001 600 online elections. Bar groups are not voting in person. In fact, distance the meetings of the Ad Hoc Committee joining in with the State Bar of Georgia from the polls is more easily remedied and did not attend them. Nevertheless, planning to conduct its next election on the Internet, for example. Only last week, Unisys announced a joint ven- ture with Dell and Microsoft to develop and market an Internet voting system (Exhibit 4). John Chambers, President and CEO of Cisco Systems, has predicted that by the year 2004, “the vast majority of states will already have Internet voting. You will find that most citizens will gain access to the information that makes their mind up on who to vote for and the issues from the Internet rather than the traditional ways of getting information,” (quoted from conference transcript, “The Future of Internet Voting”, The Brookings Institution, January 20, 2000). Considering the strong interest of our members, particularly younger members, in being able to vote by email or the Internet, including this element in an amendment to our bylaws seems appropriate. 3. The Primavera Alternative is Unfair to Center City Lawyers After voting to oppose the bylaw amendment proposed by the Petition, the majority of the Ad Hoc Committee voted to support the Primavera sponsored amendment to the bylaws which would expand the existing grounds for absentee voting to permit all members with business addresses outside of Center City to use absentee ballots without restriction. Greg Mathews proposed an amendment to this proposal to permit any member to vote by absentee ballot if the member antici- pated an “unavoidable professional conflict” on election day. This was rejected by the majority apparently on the ground that members could use such a standard as an excuse not to come to the polls with the result that in a few years no one would come to the polls. Others suggested that distance from the polling place was the only legitimate basis for not voting in person unless a member is ill, disabled or injured. We think the Primavera alternative is unfair to members who work in Center City. It seems to acknowledge the benefits of mail voting but then denies those benefits to all members with a business address in Center City. If the Primavera alternative were adopted the result would be that about

BAR REPORTER / MARCH 2001 7 2001 LEGAL DIRECTORY FULL PAGE HOUSE AD

8 MARCH 2001 / BAR REPORTER Young Lawyers Division Pi c k a Mentor, Then Pic k Mentor’s Brain by James E. Elam IV

Survival in the legal arena, like Mentors can help you identify key assignments, understand who is or is many other spheres of life, often YLD UPDAT E not looking out for your best interests, and, most importantly, how to requires not only instinct, but also the assistance of one more experienced avoid the landmines that await eager young practitioners at every turn. than you. That is the catalyst behind the Mentoring Program, one of the many programs that the Young tunist, I introduced myself briefly, col- will come from or who they will be. Lawyers Division has begun to provide lected their respective business cards Therefore, whether you take part in service to the less-experienced mem- and was off. To date I have remained in the Mentoring Program or not, seek bers of the Bar. Every young attorney contact with them, whether by sched- out the guidance of those more experi- needs a mentor, whether from within uling a lunch, or simply calling or e- enced than yourself. Our craft is called or outside of your firm or office. mailing them. Although very busy, one the “practice of law” for a reason; it Regardless of how smart or talented a attorneys are more than generous with of them has remained a great source of takes time to get it right. Remember young lawyer may be, there are many the knowledge they have attained as information and encouragement dur- that there are those who have a lot older lawyers who have already well as war stories with morals that ing my brief career as an associate. I more practice than you, and take encountered the situations that we will will serve you well. You may find that, was offered a wealth of knowledge that advantage of that experience. face in our careers. as you actively seek out mentors, these has allowed me to prosper and grow as Mentors can help you identify key people will take a genuine interest in an attorney. The point of this story is James E. Elam IV, associate in the law firm of Dilworth Paxson LLP, is chair of the Young Lawyers Division. His assignments, understand who is or is your success and often will offer you that you never know where mentors e-mail address is elamje@dilworthlaw. c o m . not looking out for your best interests, information and even contacts above and, most importantly, how to avoid and beyond your request. The key is to the landmines that await eager young identify those with such an interest in practitioners at every turn. The differ- you. Some are less willing to impart Come to the YLD Happy Hour ence between having a mentor or not wisdom, but do not let that discourage The YLD’s March Happy Hour will be held at the Boathouse Row Bar at the can be critical not only in the technical you from seeking guidance in other Rittenhouse Hotel, 210 W. Rittenhouse Square, on Thursday, March 15 from 6 and professional development of a places. Even if only one out of three or to 8 p.m. This month’s Happy Hour, co-sponsored by Juristaff and Zanaras young lawyer, but also in serving to more attorneys that you approach Reporting, will offer one free drink (beer, wine or soda) as well as bar food. increase your chances of success dur- takes you under his or her wing, you ing your career. For example, having a are still better off than when you start- senior partner to protect you from ed. undesirable assignments can often As an example, when I was a third- mean the difference in whether or not year law student, I had the fortune of you make partner in a firm. encountering two very successful and I have never been shy about pick- well-known African-American female ing the brain of more seasoned attor- lawyers at an event at the Pennsylvania neys. You will likely find that these Convention Center. Ever the oppor-

YLD Golf Outing to Benefit Foundation by Jeff Lyons gun start at 1 p.m. Registration will begin at 11:30 a.m., during which time The Young Lawyers Division/USI a box lunch will be served and the dri- Colburn annual Golf Outing will be ving range will be opened. The event held on Monday, July 23 at the concludes with a buffet and awards Philadelphia Cricket Club’s Flourtown ceremony at the club. course. The cost for the outing is $185 per “It’s a fun day for lawyers and their person, which includes greens fees, guests to come out and enjoy a good carts, lunch, cocktails, buffet and prizes. round of golf, lunch and some trophies. Registration is on a first-come, first- It’s a nice day out of the office,” said served basis, so participants should event co-chair Thomas G. Kessler. register early to reserve a space. “We’re expecting about 100 people For those who are new golfers or to play this year,” said Kessler, who said who can’t fit the half-day tournament last year’s event raised about $15,000. into their schedules, a one-hour golf Proceeds from this annual event are clinic, conducted by golf pros at the donated to the Michael K. Smith Cricket Club, will be offered that day Endowment of the Philadelphia Bar from 4 to 5 p.m. All who attend the Foundation, which funds internships to clinic are invited to stay for cocktails numerous legal service organizations and buffet, as well as the prize ceremo- in the Philadelphia area. ny with the other golfers at the end of Kessler urges interested golfers to the day’s play. The registration fee for register as soon as possible because the clinic is $60 per person. space fills up quickly. For more information about spon- The tournament is open to all sorship, call Thomas G. Kessler at (215) Philadelphia young lawyers, friends 963-5290, John Ehmann at (215) 772- and paralegals and begins with a shot- 7371, or Arleen Weitz at (215) 238-6318.

BAR REPORTER / MARCH 2001 9 Board Approves Special Election for April 5 by Jeff Lyons Association member eligible to vote at polls have been closed. 2 of this issue. least two weeks prior to the date set for Once the meeting is called to order In other business, the Board Association members will have the Annual Meeting. A mailed ballot and a quorum is present, the meeting appointed 12 attorneys to the Board of three choices when they cast their bal- shall not be counted unless it has been will be recessed so members can vote. Community Legal Services. The new lots on April 5 at the Spring Quarterly received at the office of the Association The voting will continue until 6 p.m. CLS Board members are Michael J. Meeting at the Park Hyatt Philadelphia no later than 10:00 a.m. three business The Quarterly Meeting also features Boni, Susan Feathers, Nan Feyler, Karen at the Bellevue. days prior to the date set for the a luncheon, and a special presentation Forman, Carl Tobey Oxholm, A. One amendment would expand the Annual Meeting and in such manner to Immediate-Past Chancellor Doreen Michael Pratt, Wendell Pritchett, Janet F. scope of absentee voting, while the as to preserve the confidentiality of the S. Davis. Former White House Advisor Stotland, Joseph A. Sullivan, Audrey C. other would permit members to vote Member’s vote. The Judge of Elections Paul Begala will be the keynote speak- Talley, Sharon M. Wilson and Daryl W. by mail, in person or on the Internet. shall count the mailed ballots after the er. A ticket order form appears on Page Winston. Voters can also choose to leave the current system of voting as it is. The referendum on proposed bylaw amendments regarding voting procedures was approved by the Board of Governors at its March 1 meeting. “A majority vote is needed for a change to take place,” said Board Chair Rochelle M. Fedullo. Association Chancellor Carl S. Primavera stressed the need for a quorum at 8:30 a.m. on election day. “We need a moral commitment that we need to get 100 people at the Bellevue to get the meeting started,” the Chancellor said. The polls will be open from 8:30 a.m. to 6 p.m. Voters can choose between the Primavera Amendment and the Petitioners Amendment if they seek to change the method of voting. The Primavera Amendment states: “A Member who, by reason of illness, disability or accident, will be physically unable to vote in person may vote by absentee ballot. In addition, a Member whose principal office is located outside the area known as Center City Philadelphia, or who will be absent from that area on election day, also may vote by absentee ballot. The area known as Center City Philadelphia is defined as that area bordered on the east by the Delaware River, on the west by the Schuylkill River, on the north by Spring Garden Street and on the south by South Street.” The Petitioners Amendment reads as follows: The election shall be by (1) secret mailed ballot and (2) paper ballot or voting machine. In addition, Members may vote electronically over the Internet to the extent permitted by law pursuant to procedures established by the Board to preserve the confidentiality of the Member’s vote and the integrity of the voting process. Voting machines, if available, shall be preferred for in-person voting, unless there is an election at which there is no contest. The position of the nominee on the ballot shall be determined by lot. The drawing of lots shall be conducted by the Judge of Elections not less than 25 days before the Annual Meeting in the presence of the nominees and/or their representatives. The form of the ballot shall be prescribed by the Board. A ballot shall be sent by the Association by mail to every

10 MARCH 2001 / BAR REPORTER State Civil Committee Common Pleas Judges Discuss Court Developments At January’s meeting of the State • In the coming year, there will be have been filed. Under that program, cussions and their status. Civil Committee, Philadelphia fewer judges in the civil program and 200 of those cases have been settled. The State Civil Committee meets on Common Pleas Court Administrative more judges in the criminal program. • The judges in the civil program the fourth Thursday of every month at Judge John W. Herron and Common • In the near future, the courtrooms recognize and approve judge pro tems Bar Association Headquarters, 1101 Pleas Court Judges Albert W. Sheppard in the Wanamaker Building will be continuing settlement discussions after Market St. Jr. and Allan L. Tereshko updated com- moving back to City Hall. the settlement conference with the Visit the Bar Association Web site at mittee members on a number of devel- • Since the initiation of the understanding that such judge pro www.philadelphiabar.org for more opments in the courts. Among them: Commerce Court Program, 400 cases tems will advise the court of such dis- information. Contraceptive New Legal Clinic for Senior Citizens Costs Topic Now Available at Chinatown Center of Program by Sue Wasserkrug Congressman James C. Greenwood (R-Pa.) will be one of the panelists at a Philadelphia’s elderly Chinese resi- special program that will discuss state dents now have access to free legal and federal legislation designed to services at the Pennsylvania Chinese ensure more equitable coverage of pre- Senior Citizen Association in scription contraceptive drugs. Chinatown. A Cantonese-speaking The program, “Meeting the Needs of legal advocate from the Senior Citizen Women Worldwide: Contraceptive Judicare Project is available to meet Coverage and International Family with seniors at the Center’s Asian Planning,” is sponsored by the YWCA Legal Clinic, held every other of Philadelphia and the Women’s Wednesday from 10:30 a.m. to 2:30 Rights Committee of the Philadelphia p.m., at the Chinese Senior Citizen Bar Association, in cooperation with Association at 221 N. 12th St. the Population Resource Center. The A Philadelphia Bar Foundation program will be held on Thursday, grantee, Judicare protects the legal March 15 at 5 p.m., at the Philadelphia rights and interests of low-income Bar Education Center, on the 10th Floor Philadelphians who are 60 years of of the Wanamaker Building, 100 Penn age and older, through direct repre- J u d i c a re ’s Marcus Luk (right) offers legal advice at the Pennsylvania Chinese Senior Square East, in Philadelphia. The ses- sentation, community education, Citizen Association on North 12th Street. sion will also feature Pennsylvania information and referral services, and State Rep. Babette Josephs (D-Phila.) advocacy. In addition to its staff of tivity training for the entire staff. services at the Chinese Senior Center, and Dr. Sue Ellen Miller, Project attorneys and advocates, Judicare has The Chinatown clinic represents and the presence of an Asian advo- Director of Expanding Contraceptive a panel of volunteer attorneys who the culmination of several years of cate, is important because of a com- Choice. handle cases involving such issues as Judicare’s involvement with mon reluctance among Asians to According to the Women’s Research estate planning, landlord-tenant Philadelphia’s Asian senior popula- reveal private issues, including legal and Education Institute, women pay 68 actions, elder abuse, financial tion. Figures from 1996 indicate that concerns, to “strangers.” percent more than their male counter- exploitation, consumer problems, more than 50,000 people of Asian He said clients already have pre- parts in out-of-pocket health expenses grandparent custody and advance descent live in Philadelphia. sented a wide variety of legal needs, during their childbearing years. personal and health care planning. Prior to opening the clinic, Judicare particularly in the consumer area. Although Medicaid typically covers Since its founding in 1978, Judicare and the Chinese Senior Center teamed Many clients have told him that the contraceptives, many private insurance has addressed the legal needs of up on outreach efforts, to inform the clinic has provided their first expo- plans do not. Thirteen states have now thousands of seniors. community about legal issues and sure to legal issues. enacted legislation to guarantee insur- Karen Buck, Executive Director of about the services Judicare provides. Luk and other members of ance coverage of reversible contracep- Judicare, said the new program, The clinic serves all Asian seniors, Judicare’s staff provide clients the full tion. launched on Nov. 1, 2000, is part of though most clients are from China or range of Judicare’s services. Clients According to conference planners, Judicare’s ongoing commitment to Southeast Asia. Judicare’s many can make appointments through the on a global level 585,000 women die providing legal assistance to brochures have been translated into Chinese Senior Citizen Association, and at least seven million suffer health Philadelphia’s diverse population of Chinese. and walk-ins are seen on a first-come, consequences due to the complications senior citizens in an environment Marcus Luk, Judicare’s Legal first-served basis. of pregnancy and childbirth each year. where they feel comfortable: their Advocate for Asians, who staffs the The Pennsylvania Chinese Senior This discussion of contraception cover- own community. Judicare’s other new clinic, is a native Cantonese Association is a membership organi- age and access from a local to global community-based clinics are held at speaker and also has a working zation that provides services – such as perspective is designed to be timely senior centers in North and West knowledge of Mandarin. Seniors who language classes, recreational activi- and informative. Philadelphia, and in a predominately speak other Asian languages are ties, and assistance in crisis situations Spanish-speaking neighborhood in assisted with the help of a community – to its 600 members. Both members Kensington, staffed by a Judicare rep- translator. Luk, who was born in and non-members are welcome to If you’re going resentative who is fluent in Spanish Hong Kong, has more than six years use the legal clinic’s services. •Those interested in attending this free and English. About 75 percent of of experience interpreting in the program should reserve a place at the Judicare’s clients are minorities. To courts and translating legal docu- event by March 9 by calling the YWCA address cultural issues that often ments. Sue Wasserkrug is the coordinator for the Bar’s Delivery at 215-790-9006, or e-mailing of Legal Services Committee Her e-mail address is arise, Judicare provides cultural sensi- Luk said the availability of legal s w a s s e r k r u g @ p h i l a ba r. o r g . [email protected].

BAR REPORTER / MARCH 2001 11 Lions and Tigers and Lawy ers, Oh My! by Marc Reuben While some of the television lawyers like to compare themselves to In the world of television commer- cials, there have been numerous ARTS & MEDIA indomitable world statesmen, it is more likely true that their viciousness adventures in anthropomorphism. The is closer to Sid than Churchill. practice itself is thousands of years old, the most celebrated practitioners of the art being the Egyptians. Their various money because I look like the front of “What you need at your side is a mythic figures twined human and ani- a cereal box and have no pride!’’ good sea urchin.” mal features to fit the epic, while native It does not seem to matter to the Lawyer advertising, so the present Americans dressed the role of animals legal commercial hucksters that they Supreme Court tells us, is a form of in various ceremonies. The enchanting represent a profession that, like prosti- free speech, just like stuffing millions names of current American Native tution, is popularly known by its of dollars into the pockets of politi- people often reflect the strong bond underside. But unlike prostitution cians is free speech. The purpose of free between man and nature. More current “Don’t go to court without a (which is also advertised on late-night speech, so the framers told us in their entertainment personae include Tony Mengalitza at your side!” (For swine television), advertising legal services is debates, is to encourage the intercourse the Tiger and Mighty Mouse, not to lovers only.) supposed to carry a bit of dignity, as if of ideas. mention Mickey, Minnie, Goofy and “The insurance companies have promoting legal services were actually Somehow, in the current confusion, Donald. their Holsteins working night and day!” something different than hawking fem- we find television advertisements that Leave it to the lawyers to find a way (Too dull.) inine hygiene products and slipcovers. promote intercourse, and attorneys to reverse the trend by comparing “Hire me. I am a Schnauzer and a And why only the poor bulldogs who think it is a clever idea to dress up themselves to animals. The current schnorrer.” (Too truthful.) and tigers? What did they do to like a wild animal, as they describe crop of matinee gasbags, to be seen on If the imagery of canine, bovine or deserve such infamy? Why can’t other their impression of how the legal mid-afternoon and very late-night swine attorneys does not drop you, creatures be the symbol of legal process works. television, include a bevy of attorneys there is my favorite commercial of the prowess? Why not the newt? Granted, “Hello! Do you think you may have who compare themselves to dogs, great lawyer turning into a tiger (not a real it did not do Mr. Gingrich much good. injured yourself on a sidewalk that cats and assorted other vicious animals tiger, mind you, but a spongy toy that But think of all the joy he brought to night, but you were too drunk to of prey. All of these cheesy commer- looks like an old gimmick from the intolerant fascists. notice anything? Hire me. I’m a pig!” cials are delightful and depressing at Atlantic Oil Company). A perfectly “I am a Rambouillet, and am well- I guess just being a lawyer isn’t bad the same time. It’s nice to know there nice-looking young man suddenly liked by certain attorneys.” enough. are ijits out there who will stoop to emerges from a polyester haze looking “I am a lizard and can turn colors at criminal proceedings.” Marc Reuben is a sole practitioner and has been wri t i n g any new low to gather business. But it like an edematous tiger. This is the per- a bout the arts and media since 1973 . is disturbing to think of these people fect foil from the old Monty Python as members of the bar. Some of them routine about Scott fighting a lion at are able to vote and drive. the Antarctic. Except this is a tiger with Career Planning and Placement “Hello! Have you been injured? You swollen joints. It would have been need an English bulldog to bite your much more effective if the young from opponent and crap all over the court- lawyer appeared in a loincloth and room!” This is closer to what they actu- actually fought the rubber tiger, and ally should be saying when referring to then the blood could go whoosh! Now the mighty canine. Churchill was com- there is something for afternoon televi- pared to a bulldog because of his sion! scowling visage and stubborn determi- There was once a movie called “The nation during the war. He was Hitler’s Wasp Woman” in which unsuspecting Upcoming workshops: most vicious enemy. And while some males were lured into a room with a of the television lawyers like to com- sexy girl, when buzzing would be • “Résumé Drafting,” March 7 pare themselves to indomitable world heard and the girl suddenly turned statesmen, it is more likely true that into a creature. She was photographed • “Internet Job Searching,” March 14 their viciousness is closer to Sid than wearing furry earmuffs and funny • “Preparing a Cover Letter,” March 21 Churchill. You can tell this by the way whiskers. This was the producers’ idea • “Interview Techniques,” March 28 they talk. of what a wasp woman looked like. If • “Job Search Strategy,” April 4 The idea of actually explaining the the unsuspecting young man didn’t laugh himself to death, she killed him simile between Churchill and the bull- All workshops are held on Wednesdays at noon dog to the typical television viewer later. I think she had a real chance to Bar Headquarters, 10th floor, 1101 Market St. would mean first letting them know kill him, since no one would have sus- who Churchill was and also that there pected her to be a deadly killer wasp. No reservations required! Now we have lawyers on television had been a second World War. When Career counseling and résumé review services you consider all the inconvenience who change into soft animals just as by appointment, entailed in making world history easily as Spencer Tracy, or Frederic Mondays from 9 to 11 a.m. and Fridays from 1:30 to 4 p.m. known to the people to whom these March, turning into Mr. Hyde. (We can- at Bar Headquarters. ads are directed, perhaps it really is not include John Barrymore in this easier to call yourself a bulldog and because the Great Profile changed him- Check out JuriStaff’s job postings self into a monster in one take and hope for the best. at Bar Headquarters, www.juristaff.com, without makeup. If he had wanted to Beyond the dog, advertising your- and on the Bar’s Placement Hotline: (215) 238-6329. self as an animal becomes a bit chancy. change himself into an overstuffed soft Other species would not go down so tiger, he probably would have needed well, even though the simile might be two takes just to develop the stripes.) Learn more at more striking. “Hello! Hire me and I will wear a www.juristaff.com or www.philadelphiabar.org “Hello! Did you fall down on some funny, striped, foam rubber costume water? You need a platypus lawyer to that will slay the jury.” or call JuriStaff at (215) 751-9100, ext. 301. get you what you deserve.” (No.) “Hello! I’ll get you lots and lots of

12 MARCH 2001 / BAR REPORTER Book Describes How Author Overcame Disability What’s Stopping You: reliance on family members but sug- with family. He describes other more gence actions to suing under the ADA gesting other professional and nonpro- structured settings that might be nec- to protect or expand rights of the dis- Living Successfully with fessional resources on which one might essary for those who are more severely abled. Disability depend. The book goes into detail impaired. A section of the book is dedicated about possible housing options for the The book eventually discusses legal to things that a caregiver might do to by Mark Nagler, Ph.D. and Adam disabled. and other rights that a disabled person help a disabled person. After empha- Nagler Like most advocates for the dis- has in the workplace and the commu- sizing that one must care for oneself abled, Nagler suggests the least-restric- nity. It describes ways that attorneys first and not promise to do things that (Stoddart Publishing Co., Ltd., Toronto, tive alternative settings when possible, might be helpful, from helping to one does not have the strength, ability, preferably living in one’s own home enforce OSHA laws and bringing negli- continued on page 14 1999, 336 pages, $17.95)

Reviewed by Spencer Rand

The Illinois Secretary of State’s office once put out a pamphlet for its citizens describing what to do if one encountered a person with disability. The first step was “keep calm.” One might won- der what state of panic the Secretary imagined would occur when one encountered a quadriplegic or a person with cancer-did he envision stampedes of people running away at the sight of a wheelchair for fear of catching a dis- ease or perhaps people picking fights with anyone who dared walk the streets with a mental or physical disability? The authors of “What’s Stopping You: Living Successfully with Disability” describe problems faced by people with disabilities from a much more enlightened perspective. Much of that perspective comes from Mark Nagler’s own experience of living with cerebral palsy. He grew up with the problems of learning to live successfully with his disability. Among other things, his form of cerebral palsy made it impossible for him to walk until he was five and makes it impossible for him to write to this day. Mark Nagler learned to cope with his disability, earning a Ph.D., working as a sociology professor and writing several books. He suffered a series of heart attacks in his late 50s that incapacitated him for several months. Due in part to his planning for this possible disability and in part to his strategies for dealing with this condition, he has again resumed his full teaching schedule and has continued to write, of which this book is evidence. Although Nagler’s son, Adam, is a co-author of the book, the book is written in the first person from Mark Nagler’s viewpoint. Much of the book is dedicated to describing people with disabilities and using case examples to illustrate coping strategies that they have used to live satisfying lives. He describes emo- tions at the onset of a person’s disability, including shock, blame, and dealing with other people’s negative attitudes. He prescribes having a positive atti- tude and fighting for the respect that all people deserve. He advocates the development of support systems and relying on them, heavily emphasizing

BAR REPORTER / MARCH 2001 13 Social Security Disability Committee - meeting, noon, 11th fl. Conference Center, front. Lunch: $7. March 19 CALENDAR OF EVENTS Business Law Section Executive Committee - meeting, noon, 10th fl. Board Room. March 20 Philadelphia Bar Foundation Fundraising Committee - meeting, 11 a.m., 11th fl. Committee Note: While the following listings have been verified prior to press time, any scheduled event may be Room. subject to change by the committee or section chairs. Solo and Small Firm Practitioners Committee - meeting, noon, 11th fl. Conference Center. March 1 Lunch: $7. Civil Rights Committee, Public Interest Section - meeting, 12:15 p.m., 11th fl. Committee March 21 Room. Workers Compensation Section Executive Committee - meeting, 10:30 a.m., 11th fl. Environmental Law Committee - meeting, 12:30 p.m., 11th fl. Conference Center. Lunch: $7. Committee Room. March 5 Workers Compensation Section - meeting, noon, 11th fl. Conference Center. Lunch: $7. Public Interest Section Executive Committee - meeting, noon, 10th fl. Board Room. Family Law Section Executive Committee - meeting, noon, 11th fl. Committee Room. Family Law Section - meeting, 4 p.m., 10th fl. Board Room. Federal Courts Committee - meeting, 12:30 p.m., 10th fl. Board Room. LegalLine, 5 p.m., 11th fl. LRIS Offices. March 6 Professional Responsibility Committee - meeting, noon, 10th fl. Board Room. Lunch: $7. March 22 State Civil Committee - meeting, noon, 10th fl. Board Room. Lunch: $7. March 7 Delivery of Legal Services Committee - meeting, 8:30 a.m., 10th fl. Board Room. March 27 Young Lawyers Division Executive Committee - meeting, noon, 10th fl. Board Room. Criminal Justice Section - meeting, noon, 11th fl. Conference Center. Lunch: $7. LegalLine, 5 p.m., 11th fl. LRIS Offices. Compulsory Arbitration Committee - meeting, noon, 10th fl. Board Room. Divorce/Equitable Distribution Committee - meeting, 4 p.m., 10th fl. Cabinet Room. March 8 Elder Law Committee - meeting, noon, 10th fl. Cabinet Room. March 28 Women’s Rights Committee - meeting, noon, 10th fl. Board Room. March 13 Philadelphia Bar Foundation Nominating Committee - meeting, 3 p.m., 11th fl. Committee Board of Governors Cabinet - meeting, noon, 11th fl., Conference Center, back. Room. Alternative Dispute Resolution Committee - meeting, noon, 10th fl. Board Room. Lunch: $7. Philadelphia Bar Foundation Board of Trustees - meeting, 4 p.m., 10th fl. Board Room. March 14 March 29 Section Chairs meeting with Chancellor, 8:30 a.m., 10th fl. Board Room. Family Law Section, Domestic Violence Committee - meeting, 3:30 p.m., 10th fl. Cabinet Criminal Justice Section Executive Committee - meeting, noon, 10th fl. Board Room. Room. Board of Governors Diversity Committee - meeting, noon, 11th fl. Committee Room. Lunch: Board of Governors - meeting, 4 p.m., 10th fl. Board Room. $7. Family Law Section - Tea, Law and Cookies seminar, 3:30 p.m., 11th fl. Conference Center, March 30 front. Young Lawyers Division Cabinet - meeting, 8:30 a.m., 10th fl. Cabinet Room. Securities Regulation Committee - meeting, noon, 11th fl. Conference Center, front. Lunch: March 15 $7. Women in the Profession Committee - meeting, noon, 10th fl. Board Room. Lunch: $7. Legislative Liaison Committee - meeting, 12:30 p.m., 11th fl. Conference Center. Lunch: $7. Unless otherwise specified, all ch e cks for luncheons and programs should be made payable to the Philadelphia Bar Association and mailed to Bar Headquarters, 11 01 Market St., 11th fl. Philadelphia, PA. 191 07- 2 911. Send Bar March 16 Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 11 01 Market St., Philadelphia, Pa. 191 07- 2 911. Fax: (215) 23 8 - 12 67. E- m a i l :r e p o r t e r @ p h i l a ba r. o r g . Philadelphia Bar Foundation Finance Committee - meeting, 8:30 a.m., 10th fl. Cabinet Room.

for disabilities and things to look for in subject. It is helpful for me to know income from other sources may reduce BOOK REVIEW policies. In the area of disability insur- more about people with disabilities, disability insurance policies, it is not continued from page 13 ance, he relates differences between from the problems they may face in mentioned that many policies require or desire to do, Nagler talks about own occupation, any occupation, and their daily tasks to the strategies that a person getting or applying for insur- treating the disabled with respect. He regular occupation policies, as well as they have used to live successful lives. ance benefits to apply for Social suggests the best strategies are to work problems when policies do not state For example, it helps to know the type Security. If obtained, insurers will sub- with the person, support groups and that conditions not known when buy- of housing options available so that I tract the benefits received dollar for professionals to provide the best help ing the policies should be covered can advocate for those options on dollar from past and present benefits. possible. under the policy and the need to have behalf of a client. The book also uses different terms Except for a small portion on uses the benefits indexed for inflation. I might consider giving this book to in describing powers of attorney and of the Internet, the final section of the The book also briefly discusses a client who I thought would benefit describes creating one document to act book deals with planning for coping powers of attorney, wills and living from learning other people’s success as both a living will and a power of with the effects of having a disability wills. stories. Although it is maybe too small attorney for health care, which is not before it occurs. Noting the huge and Although from an attorney’s per- a portion of the book, I might also the law of Pennsylvania. It also states unanticipated expenses that occur spective, this book deals more with consider giving the book to clients that powers of attorney are not durable when a person faces a disability, Nagler generalities than how to handle specif- who do not yet have disabilities who unless so stated in the document, the gives a survey of different insurance ic problems, I found it to be interesting want a general survey of insurance reverse of which is true in Pennsyl- options available to people to prepare for the perspective it brought to the issues and other ways they might plan vania. for a disability they may encounter. This could be confusing to clients, However, I would give the book and if they are not corrected by you, Tell Us What You Think! with the caveat that it must be supple- may make it so that they do not mented with further information to understand the documents you pre- The Philadelphia Bar Reporter welcomes letters to the editors for publication. give a full picture of planning and cor- pare for them or that they try to pre- Letters should be typed. There is no word limit, but editors reserve the right to rected to fit Pennsylvania law. For pare for themselves. condense for clarity, style and space considerations. Letters must be signed to example, the book does not mention verify authorship, but names will be withheld upon request. Letters may be that Social Security Disability benefits mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, Spencer Rand is supervising attorney at the Legal can be a major and possibly primary Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa., 19107- Advocacy for Patients program at Temple Legal Aid, a source of income for the disabled. program that provides legal services to people with cancer 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. and AIDS through the advocacy of students at Te m p l e Although it is mentioned that University’s James E. Beasley School of Law.

14 MARCH 2001 / BAR REPORTER the President and Congress on issues financing, selling fully improved ed a panel discussion titled “Challenges affecting 54 million Americans with industrial land and supplying project and Opportunities for Brownfield disabilities. management on major economic Redevelopment” at the National P E O P L E development projects. Brownfield Association’s Mid-Atlantic The Pennsylvania Supreme Court has Deal Flow Conference. S. David Fineman, president of announced that Ronald Eisenberg of Robert E. Fineman & Bach, P.C., has been elected the District Attorney’s Office has been McQuiston, senior Michael J. Hanlon, of Blank Rome vice chairman of the Board of appointed to the Criminal Procedural counsel at Ballard Comisky & McCauley LLP, has been re- Governors of the U.S. Postal Service. Rules Committee. He fills the remain- Spahr Andrews & elected to a fifth consecutive term as Former President Clinton first appoint- der of a term that expires in 2003. Ingersoll, LLP, has president of the Garnet Valley Board of ed him to the Board of Governors in been elected presi- School Directors in Delaware County, May 1995 for a term expiring in Thomas R. Bond of the law firm dent of the Pa. December 2003. Marshall, Dennehey, Warner, Coleman American Tax & Goggin, has been elected to serve a Policy Institute, an Nicholas J. Guiliano recently Manny D. two-year term on the Board of organization dedi- appeared as a guest on CNBC Business Pokotilow of Directors of the Pennsylvania Chamber cated to the advancement of objective Center and participated in a five-part Caesar, Rivise, of Business and Industry. and nonpartisan research on tax policy. series concerning common claims Bernstein, Cohen & against stock brokers and what Pokotilow, Ltd., has Anita K. Holm, an associate at Marshall, Dennehey, Warner, Coleman investors and brokers can do to protect been selected by Schnader Harrison Segal & Lewis LLP, & Goggin has created a scholarship themselves. the International has been elected to the Board of fund in memory of late partner Trademark Directors of the Philadelphia Branch of Hiliary H. Holloway. The firm has Association as one the Southeastern Pennsylvania Chapter endowed the scholarship at Temple Names Are News of the new mem- of the American Red Cross. University’s James E. Beasley School of “People” highlights news of bers of its CPR/INTA Panel of Neutrals. Law, where Holloway graduated from members’ awards, honors or The INTA panel was created to resolve Hon. G. Craig Lord, a partner in the the evening division in 1964. The appointments of a civic or com- trademark disputes by mediation Real Estate department at Blank Rome scholarship will be awarded annually munity nature. throughout the United States. Comisky & McCauley LLP, has been to an evening division student who Send information to Jeff Lyons, appointed to the Philadelphia best exemplifies the qualities valued Managing Editor, Philadelphia Bar Gerald S. Segal, partner in the law Industrial Development Corporation and followed by Holloway during his Reporter, Philadelphia Bar Asso- firm Segal, Wolf, Berk, Gaines & Liss, and will serve on the organization’s life: academic excellence, community ciation, 1101 Market St., Philadel- has been appointed to serve as a Board of Directors as well as its service and a commitment to justice. phia, Pa. 19107-2911. Fax: (215) 238- member of the National Council on Executive Committee. The PIDC helps 1267. E-mail: Disability, an independent federal companies start up, relocate to or Robert D. Fox, a partner at Manko, [email protected]. agency making recommendations to expand within the city by providing Gold & Katcher LLP, recently moderat- Photos are welcome.

BAR REPORTER / MARCH 2001 15 ALLAN DOMB REAL ESTATE FULL PAGE B&W AD

16 MARCH 2001 / BAR REPORTER