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March 2007 The Monthly Newspaper of the Philadelphia Bar Association Vol. 36, No. 3 Dreyfuss Bally’s in Atlantic City to Speak at to Host 2007 Bench-Bar March 26 by Jeff Lyons Quarterly
The Association’s Annual Bench-Bar by Jeff Lyons Conference is moving to Atlantic City’s most famous address – Boardwalk and Oscar-winning Park Place at Bally’s Park Place Casino actor and social activ- Resort on Sept. 28 and 29. ist Richard Dreyfuss This will be the fourth straight year will be the keynote the Bench-Bar Conference has been speaker at the As- held in Atlantic City. The 2005 and sociation’s March 26 2006 events were held at the Tropicana Quarterly Meeting and while the 2004 event was staged at The Luncheon at the Park Richard Dreyfuss Borgata. Hyatt Philadelphia at “This year’s Bench-Bar Conference the Bellevue. will be another fantastic event, pro- Dreyfuss won the Academy Award viding the opportunity for our mem- for best actor in 1977 for his perfor- bers to network with each other and mance in “The Goodbye Girl.” He was with the bench and, at the same time, nominated for Best Actor in 1996 for providing continuing legal education his role in “Mr. Holland’s Opus.” He has courses in a relaxed setting. I invite appeared in dozens of films, including everyone to attend and look forward to Stephen Spielberg classics “Jaws” and seeing you there,” said Chancellor Jane “Close Encounters of the Third Kind.” L. Dalton. Three of his films were recently included This year’s Conference will feature in the American Film Institute’s list of a “wild west” theme and is co-chaired the greatest 100 films. by Laura A. Feldman and Michael B. continued on page 16 Hayes. “This year’s Bench-Bar Conference promises to be the best ever. We have an exciting new venue with fabulous In This Issue ... rooms and meeting space and many interesting CLE courses. I think ev- 4 Lyon Exchange eryone will be very happy with the choices this year,” said Feldman. 5 Manage Publicity “We are confident that the various divisions, sections and committees of 7 VIP’s Little Miracles the Bar Association will, as they have done since the Bench-Bar Conference 11 Curse of Billy Penn was re-established, prepare and present continued on Page 10 15 Snubbed by Oscar
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MARCH 2007 / BAR REPORTER Program Targets Disaster, Pandemic Planning by Jane L. Dalton office or the courts were closed? knowledge. The Bar Association will hold a The second portion of the CLE will Are you ready? FRONTLINE pandemic and disaster planning CLE focus on employment issues related to A few weeks ago upstate New on Wednesday, March 14 from 9 a.m. a pandemic. Issues to be considered York was digging out from under to 12:15 p.m. at the Pennsylvania Bar are employer and employee rights. more than 100 inches of snow – a Institute’s facilities on the 10th floor of Can an employer force employees to storm paralyzed those communities the Wanamaker Building. stay home when the environment is for a prolonged period of time. More I will be joined on the faculty at unsafe or force employees to come to than a month ago acres of Florida near the CLE by Jacqueline Segal, a recently work when there has been a traumatic Orlando were flattened by tornados. elected member of the Association’s event or facilities are sub-par? Other Last summer devastating floods from Board of Governors, the 2006 chair of issues to be discussed include: union the Susquehanna River shut down the Family Law Section and the new contracts, worker’s compensation, sal- town after town along its banks for chair of the Association’s ad hoc com- ary and benefits continuation, travel weeks - many communities are yet to and services to a screeching halt. mittee on pandemic/disaster planning. restrictions and other areas of employ- be rebuilt. And of course, over the last During 2006, the Association distrib- James A. Matthews III, a partner at ment law. several years, hurricanes, most notably uted disaster recovery surveys to more Fox Rothschild LLP who focuses his Over the next several months the Katrina, have destroyed cities and tak- than 5,000 attorneys. Only 81 sur- practice on employment law, also will Association will conduct other CLEs en countless lives along the Gulf Coast. veys were completed and returned. Of present along with Dr. Steve Alles and that focus on specific legal concerns These are just a few of the recent those 81, only 46 respondents said they Shannon Fitzgerald of the Philadelphia in the time of a disaster. I urge you to natural disasters that have crippled had a disaster plan. Such lack of pre- Department of Health. Fitzgerald is the attend a CLE, but most importantly American towns and cities. paredness does not bode well for our emergency preparedness coordinator to have a disaster/pandemic plan for As we know, not so long ago major legal community. A disaster would im- of the Philadelphia Department of Pub- you and your family and to be sure U.S. cities were tested by acts of ter- pact all areas of legal practice: busi- lic Health, Division of Disease Control that your firm’s disaster plan is in rorism when airplanes were used as ness, criminal, probate and estate, real Emergency Preparedness and Bioter- place. weapons. Also in 2001, we were under estate and certainly family law. rorism Program. attack by biological agents when an- The program will focus on two Jane L. Dalton, a partner at Duane Morris LLP, is Natural disasters, terrorism and Chancellor of the Philadelphia Bar Association. Her e- thrax was used to target Americans disease – is Philadelphia prepared for areas. First there will be a general mail address is [email protected]. and governmental agencies. such situations? Is your law firm? Are review of various types of disasters And now a prime global worry you? Have you thought about what as well as a primer on a possible flu is that an influenza pandemic could you would need to continue your legal pandemic by Dr. Alles, who will talk PHILADELPHIA kill millions and bring city government practice if you could not get to your on conquering the fear and panic with Disabled Senior Lawyers Can Get Help from Bar by Jeff Lyons tance from former Chancellor Edward just a matter of getting the word out. Editor-in-Chief Sunah Park, Esq. F. Chacker, will review the requests and We’re unaware of the extent of the Senior attorneys who become assign an attorney with the appropri- need. But we’ll be there to fill all ap- Associate Editors disabled or families of disabled or ate experience. If necessary, an attorney propriate requests,” he said. Heather J. Holloway, Esq. deceased attorneys can now receive will be recruited to fill special requests. “Assigned attorneys will be screened Stacey Z. Jumper, Esq. emergency assistance on practice issues The Senior Lawyers Professional & before we make an assignment, to be Asima Panigrahi, Esq. Brian K. Sims, Esq. from the Senior Lawyers Professional Public Service Committee, re-estab- sure the fit is appropriate. If a lawyer and Public Service Committee. lished in 2006 under Chancellor Alan has an area of expertise, we’ll ask an Contributing Editor “Anyone in need of assistance to M. Feldman, sought ideas for initiatives attorney to lend us a hand where a Richard Max Bockol, Esq. handle an emergency in a practice or from its membership. particular specialty is involved,” Fry- to wind down a practice is eligible,” “There is a significant number of man said. Advisory Editors Bruce H. Bikin, Esq. said Louis W. Fryman, chair of the com- senior attorneys with the time, experi- The committee’s mission is to: Molly Peckman, Esq. mittee. ence and expertise,” Fryman said. “We • Provide assistance and service to Marc W. Reuben, Esq. “A widow of a single practitioner, a were looking for ideas on what we the courts, the Bar Association and the partner burdened with his own files, could do with all those skills and talent public, while finding useful outlets for Director of Communications or an attorney who is disabled either in order to serve the profession and the the wisdom and experience of senior Mark A. Tarasiewicz for the short or long term can receive community.” members of the Philadelphia Bar. Senior Managing Editor assistance. It may be necessary to con- Fryman said the committee solicited • Provide assistance to lawyers, their Jeff Lyons tact clients or the court concerning the volunteers. “We asked members of the clients and families in dealing with problem or to review files in order to Bar to volunteer in whatever program issues such as retirement, illness or Copy Editor put the legal house in order,” he said. that would interest them, and we re- death. Adrienne Cornwall Parties needing the committee’s help ceived a significant response. There’s • Provide opportunities for camara- Executive Director should call a Bar Association hotline at no question in my mind that there are derie and exchange of views among se- Kenneth Shear (215) 238-6391. those in need and families in need. It’s nior members of the Philadelphia Bar. Fryman sees the service as a ben- efit primarily to sole practitioners and small firms. Tell Us What You Think! The Philadelphia Bar Reporter (ISSN 1098-5352) is pub- “In a major firm they should be able lished monthly and available by subscription for $45 per year The Philadelphia Bar Reporter welcomes letters to the editors for publication. by the Philadelphia Bar Association, 1101 Market St., 11th to have someone step in to pick up fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid Letters should be typed. There is no word limit, but editors reserve the right at Philadelphia, Pa. POSTMASTER: Send address changes with the work,” Fryman said. “But for a to Philadelphia Bar Reporter, c/o Philadelphia Bar Associa- to condense for clarity, style and space considerations. Letters must be signed tion, 1101 Market St., 11 fl., Philadelphia, Pa. 19107-2911. single practitioner or in a small office, to verify authorship, but names will be withheld upon request. Letters may Telephone: (215) 238-6300. Association Web site: www. it is a different situation. It is a problem philadelphiabar.org. Newspaper e-mail address: reporter@ be mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar philabar.org. The editorial and other views expressed in the for the family or the partners.” Fryman’s Philadelphia Bar Reporter are not necessarily those of the As- Reporter, Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, sociation, its officers, or its members. Advertising rates and committee has more than two dozen information are available from Howard Hyatt at Media Two, 22 Pa. 19107-2911. Phone: (215) 238-6345. Fax: (215) 238-1159. E-mail: reporter@ attorneys who have volunteered to as- W. Pennsylvania Ave, Suite 305, Towson, Md., 21204. Tele- philabar.org. phone: (410) 902-5797. sist those in need. Fryman, with assis- Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday and Thursday morning BAR REPORTER / MARCH 2007 Committee Spotlight: International Law Lyon Exchange Program Marks 10th Year
By Michael E. Scullin an occasion to examine an aspect of implications for legal practitioners. The coming Chancellor Andrew A. Chirls, the law or the practice that can profit topic for 2007 is expected to deal with Vice-Chancellor Alan M. Feldman and This year we will celebrate the 10th from multilateral dialogue. whether lawyers can or should be al- Executive Director Ken Shear in at- anniversary of the Lyon-Philadelphia Recent colloquia have focused on lowed to serve as judges, a concept that tendance. On that occasion, all of the Bar Twinning and Exchange Program, the role of in-house lawyers and the is regarded as unusual in many juris- French lawyers who could make it which was established in December scope and nature of confidentiality dictions outside the United States. joined together in a conference room 1997. As chair of the Association's and privilege. The 2006 topic was anti- In 2004, the first Chancellor-level and described the time they spent in International Law Committee at the moneylaundering provisions and the delegation to Lyon occurred, with in- continued on Page 17 time, I dicussed the subject with my Lyon counterpart, Christian Leroy, in the fall of 1996. Shortly thereafter, the Board of Governors passed a resolution endorsing the development of a sister program with the Lyon Bar and the exchange of delegations. I organized a delegation including Enid Adler that MARCH traveled to Lyon in July of 1997. The mission was documented in an article in the Fall 1997 edition of The Philadel- phia Lawyer. CLE COURSES We proceeded to work on a draft of a simple accord that would put the relationship in place. After a visit to March 1 ADR Institute • The CLE Conference Center Philadelphia by the leadership of the March 2 Mechanics’ Liens in PA - An Update • The CLE Conference Center Lyon Bar, I went to Lyon again to final- ize the agreement, the primary focus March 5 Power of Attorney and Healthcare Directives - 2007 • The CLE Conference Center of which was the development of an March 6 Probate & Trust Law Section 2007 March Quarterly Meeting - Estate Planning for exchange for lawyer interns. Multinationals • The CLE Conference Center The first lawyer/intern (“stagiaire,” March 7 Consumer Credit Litigation Developments • The CLE Conference Center in French), Nicholas Bonnefoy, arrived Understanding Easements in Pennsylvania • The CLE Conference Center here in the Spring of 1998. His host was Peter Tucci, then a partner at Reed March 8 Defending the Back Injury Claim • The CLE Conference Center Smith and now at DLA Piper. Tucci has March 9 The Nuts & Bolts of Adoption Practice in PA • The CLE Conference Center continued to be a faithful participant in March 13 Use of Trusts in Estate Planning - Basic and Intermediate Trusts The CLE the program ever since, joined in sub- The CLE Conference Center Conference Center sequent years on the Philadelphia side Wanamaker Building Use of Trusts in Estate Planning - Sophisticated Trusts • The CLE Conference Center by Pepper Hamilton, Duane Morris, 10th Floor, Ste.1010 th Cozen O’Connor, the U.S. District Court March 13 & 14 13 Annual Health Law Institute • Pennsylvania Convention Center Magistrate Judge Linda Caracappa, the March 14 Pandemic and Disaster Planning: Are We Really Prepared? Erb Law Firm and others, offering in- The CLE Conference Center Pennsylvania ternships of six to 12 months. March 15 Commercial Documents Series 2007 - LLC Documents • The CLE Conference Center Convention Center th Philadelphia lawyers have gone to Developing and Presenting Your Case: A Case Study of A Few Good Men 12 & Arch Streets Lyon and worked in important law The CLE Conference Center firms there as well. (Their number has been significantly smaller than those March 16 Handling the Dog Bite Case • The CLE Conference Center coming from the other direction, large- March 20 Mild-Moderate Brain Damage • The CLE Conference Center ly because the economics can be diffi- March 21 Insurance Department Hearings • The CLE Conference Center cult for young American lawyers in the March 22 Commercial Document Series 2007 - Shareholder Agreements absence of the type of stipend received The CLE Conference Center by the French lawyers from their side.) The first American lawyer to participate Enforcing Executive Employment Contracts • The CLE Conference Center was Shahram Siddiqui, then an asso- The Gun Control Debate • The CLE Conference Center ciate with Cozen O’Connor, in 2000. March 23 Great Adverse Depositions: Principles and Principal Techniques Eventually, in 2006, the program was The CLE Conference Center extended to include law students at March 26 Bridge the Gap • The CLE Conference Center area schools, and two students went to Tough Problems in Workers’ Compensation Lyon that summer. To date, 30 partici- March 27 • The CLE Conference Center th pants have been selected to participate March 28 20 Annual Civil Litigation Update • The CLE Conference Center Call PBI Customer in the program, almost all of whom March 29 Commercial Document Series 2007 - Commercial Real Estate Documents Service at have completed internships. The CLE Conference Center 1-800-247-4724 Each December, the Lyon Bar wel- to register for a course or Like Kind Exchanges of Property: Creative Planning Techniques for more information. comes representatives from about 10 The CLE Conference Center bar associations around the world, in- Or, go to March 30 Unemployment Compensation • The CLE Conference Center cluding Manchester, Frankfurt, Milan, www.pbi.org. Lotz (Poland) and Cambodia, to attend the commencement of the legal year, known as the Rentree du Barreau. In recent years, these have provided, in addition to networking opportunities,
MARCH 2007 / BAR REPORTER Solo and Small Firm Committee Attorneys Need Strategy to Manage All Publicity
by Ria C. Momblanco on five main areas: • Identify a core business Not all publicity is good objective. Types of objectives publicity, a public relations include increasing awareness professional told members about the type of work that of the Solo and Small Firm your firm does, increasing Committee, adding that all profits, and retaining existing publicity needs to be man- clients. aged with a strategy. • Identify the audience Gina Furia Rubel, founder that you want to target for and president of Furia Rubel your business objective. Communications, a company that spe- Conform your media relations, adver- cializes in legal communications, spoke tising, articles and speaking engage- to members of the committee on Feb. 8. ments to the wants and needs of your She highlighted various techniques that audience. For example, if your goal is lawyers can use to develop and execute to address potential clients in Phila- an effective public relations strategy. delphia, then focus on Philadelphia Furia, an attorney, urged lawyers to newspapers and local programming
Photo by Jeff Lyons get active in the legal or social organi- rather than on national newspapers or Police Advisory Commission Chair Robert S. Nix wants to make the panel part of the dia- zations to which they belong. “If you’re broadcasts. logue in the upcoming mayoral race. He and Chancellor Jane L. Dalton, a former commis- going to have a membership anywhere, • Recognize the manner in which sion chair, spoke to the Civil Rights Committee Feb. 1. get involved. A membership is only you want to be perceived by your tar- Civil Rights Committee as good as the benefits that you take get audience. The manner in which you advantage of,” she said. Being an active represent yourself in advertising, media member gives you a voice within the relations, bar events, and social gather- Police Advisory Commission organization, and good press or referrals ings such as alumni events should be may result from active membership. tailored to the way that you want to be Overcomes, Expands its Role When developing a communications perceived by your target audience. strategy, Rubel recommends focusing continued on Page 17 by Kathryn C. Harr veto of an ordinance establishing the commission, which was then over- Despite a budget that has remained turned by Council, the only veto to be fixed since 1993 and other obstacles, overturned this way during Rendell’s Wish you had someone the Philadelphia Police Advisory Com- tenure. Additionally, Dalton described mission has significantly expanded its how the Fraternal Order of Police to help resolve client role and improved its relationship with was “fiercely, bitterly opposed” to the the Philadelphia Police Department, the commission and challenged its power social services issues? commission’s current and former chair through numerous legal battles. Former told members of the Association’s Civil Police Commissioner John Timoney Rights Committee on Feb. 1. “categorically opposed the concept of You’re probably an expert in a number The commission, which was created civilian oversight,” Robert S. Nix added. of fields—but case management may not through executive ordinance, is seeking Dalton served as chair of the commis- be one of them. That’s why Intervention to amend the City Charter to allow for sion from 1994 through 2002 and Nix Associates is here. Since 1986 we’ve a more permanent establishment of the serves as the current chair. commission. The commission started as a three- been serving older adults, the chronically “We had quite a tumultuous begin- pronged agency, Nix explained, one mentally ill, and physically disabled adults ning,” Chancellor Jane L. Dalton said that investigated complaints and made and children by assisting with: as she recounted Mayor Rendell’s 1993 continued on Page 12 • Assessments • Crisis Intervention Career Planning ServiCeS For lawyerS • Home or Facility Care • Information/Referrals Many lawyers think of making a career change, but do not know which way to turn. Career Planning Services for Lawyers has provided concise, confidential career • Advocacy services for 20 years in the tri-state region.
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BAR REPORTER / MARCH 2007 Veteran Women Offer Tips to Younger Colleagues by Regina Parker
Confidence, a trust in your own in- stincts and having a mentor are all im- portant qualities young lawyers need to succeed, a panel of women lawyers said at a Jan. 30 program. The panelists for the Young Law- yers Division-Women in the Profession Committee program “Things I Wish I Knew When I Was a Young Lawy- er” included U.S. District Court Judge Gene E.K. Pratter; Leslie Anne Miller, first woman president of the Penn- sylvania Bar Association; Deborah Weinstein, chair of the Philadelphia Bar Association‘s Board of Governors; and Sunah Park, a partner at Thorp Reed & Armstrong, LLP and former president of the Asian American Bar Association of the Delaware Valley.
“One of the things I wish I had Photo by Jeff Lyons Panelists (from left) Deborah Weinstein, Leslie Anne Miller and U.S. District Court Judge Gene E. Pratter are joined by Women in the known 20 years ago or even longer Profession Committee Co-Chair Roberta D. Liebenberg, Chancellor Jane L. Dalton, Co-Chair Maria Feeley and panelist Sunah Park at the Jan. was that it was OK, in fact, it was a 30 program “Things I Wish I Knew When I Was a Young Lawyer.” great idea, to trust my own instincts. No one knows you better than you do professional practices while maintain- things you have,” she said. give back. And I would encourage you yourself. No one knows your strengths ing an impeccable reputation in the Miller, who began practicing law as part of your professional responsibi- better, your weaknesses, your interests,” legal profession. “It’s very important in 1977, spoke about how she wished lity to do the same,” Miller said. Judge Pratter said. “I would have been that you spend the time to portray there were women’s groups around 30 In recognizing the importance of more focused on the good things to yourself and to be a person of high in- years ago. “I believe that all of us as balancing and assessing priorities, develop and probably less fixated on tegrity and high quality work because women in this profession, and indeed Miller encouraged young attorneys to negative worries,” she explained. your reputation with the courts and women professionals, have an obli- work hard to produce while expanding Judge Pratter also addressed the im- with opponents and colleagues around gation to be mentors to you who are their involvement in extracurricular portance of balancing family, firm, and the city is one of the most valuable coming along in the profession and to continued on Page 12
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MARCH 2007 / BAR REPORTER VIP Performs Little Miracles on Daily Basis
By Elaine Rinaldi where she had set up a daily routine, where she had fashioned a system to Web Anna, a blind 59-year-old woman, BAR FOUNDATION deal with the day-to-day challenges of returned home one day from visit- being blind. √ ing a family member to find her life Because VIP cared, Anna is back check inexplicably and devastatingly in dis- in her home. And, in the process, the To contribute to the Philadelphia Bar array. Her landlord had evicted her two law students learned first hand the from her federally subsidized disability most important reward of pro bono Foundation, visit the Foundation’s apartment. She had never received an service – that by applying their legal Web page at philadelphiabar.org. eviction complaint or any follow-up skills they could have a profound im- notices because the landlord had put pact upon a person’s life. take these cases. the wrong apartment number on the Anna’s case was a typical one for The Philadelphia Bar Association eviction complaint. She had no idea Philadelphia VIP. Every day, for more was instrumental in forming VIP in that the landlord had gone to court University of Pennsylvania Law School. than 25 years, the staff at VIP has 1981. Cuts by the Legal Services Corpo- and had obtained a default judgment Two talented, energetic third-year law worked little miracles. They have re- ration were devastating to the provi- against her. students who were enrolled in a clini- cruited a network of more than 6,000 sion of legal services to the poor. VIP Unfamiliar with the legal system, cal course under faculty supervision volunteer attorneys that are called was created to address ongoing, press- and unable to enter her apartment to took up Anna’s cause. The aspiring upon to help with cases large and ing needs for legal services. obtain her belongings or even to re- attorneys met with Anna, discussed her small, cases that require a few hours of The Philadelphia Bar Foundation trieve the documents with which she goals, investigated the facts and veri- work, or that may last for years. Cases supports VIP with unrestricted grants. could prove that she had done nothing fied that she had paid all of her rent are referred in areas that include family Over the last five years, the Bar Foun- to warrant eviction, Anna was despon- and had complied with her lease. It law, personal finance, real estate, tort dation has provided $200,000 in grants dent with nowhere to turn. seemed that the landlord was errone- defense – just about every aspect of the to VIP. These funds are vital to VIP’s Thinking that she had no options, ously charging her for other items that law (except those that are fee-generat- ability to act as a referral service to the Anna almost resigned herself to the were not her responsibility under the ing). poor and needy in Philadelphia. notion that she had lost her home. She lease. Moreover, they confirmed that With just six full-time employees, Your support of the Bar Foundation wondered if she had any chance of Anna had never been properly in- five part-timers and a few law student enables us to make grants to organiza- fighting her landlord to prove that she formed of the landlord’s eviction action interns, VIP last year managed cases for tions such as VIP. We need your sup- did nothing wrong. against her nor was she ever afforded 1,378 clients. It’s amazing what can be port in order to help them. Help us to Imagine that feeling of helpless- an opportunity to contest it until she accomplished with such a small staff. help clients like Anna, and the thou- ness – facing the prospect of becoming found herself locked out of her home. It’s amazing the spirit of participation sands like her that VIP serves. homeless, without any of your clothes, Anna’s student attorneys researched and impact that these cases generate in Elaine Rinaldi, a member of Cozen O’Connor, is president your personal mementos, the things the law and filed a petition in Mu- the pro bono attorney volunteers who of the Philadelphia Bar Foundation. that had become a part of your life. nicipal Court to open or strike the Imagine feeling as if you didn’t have default judgment, having concluded an ally in the world, and that the entire that the judgment should never have legal system was stacked against you. been entered in the first place. The INCORPORATION That was how Anna felt until she students and Anna then appeared in sought legal help from Philadelphia a lengthy hearing in Municipal Court AND VIP. The staff at VIP interviewed her, that was vigorously contested by the made legal sense of her desperate situ- landlord and his attorney. The students LIMITED LIABILITY ation and embraced her cause. They presented both factual and legal argu- showed her respect and compassion ments and the court ultimately granted and offered her hope. the petition. This victory won Anna COMPANY FORMATION Anna’s case was referred to the the right to return to her apartment CONVENIENT, COURTEOUS SAME DAY SERVICE Penn Legal Assistance Office of the – the place where she was comfortable,
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BAR REPORTER / MARCH 2007 Federal Courts Committee Court Working with Full Stable of Judges by Jeff Lyons caseload. County and we will be filling that “On the criminal side, we’ve also seat as soon as possible. We do have a The U.S. District Court for the East- seen a decrease in the number of cases. merit selection panel in place, which ern District of Pennsylvania is work- In 2006, we had 701 criminal cases with is required by statute and they will be ing to move cases along as quickly as 926 defendants. That’s a drop of about hard at work in the very near future. possible, Chief Judge Harvey Bartle III 4 percent in the number of cases and I hope by the end of the year we will told members of the Federal Courts about a 19 percent drop in the number have that seat filled,” he said. Committee at the Committee’s Jan. 31 of defendants,” the judge said. Judge Bartle also asked attorneys to meeting. “The U.S. Attorney’s Office, which be mindful of Rule 7.1 of the Federal “The median time for a case to reach was short a number of assistant U.S. Rules of Civil Procedure, requiring a trial is about 18 months. We move Attorneys for some period of time, nongovernmental corporate party to cases along pretty quickly and many is now back hiring assistants. It also an action or proceeding in a district get to trial a lot more quickly than that. seems they are focusing on the com- court to file two copies of a statement Of course, many cases are settled be- plex fraud white-collar area. So the that identifies any parent corporation fore the 18-month time frame,” Judge number of cases may have been down and any publicly held corporation that Bartle said. slightly, I think the complexity of the owns 10 percent or more of its stock or “We now have a full compliment of cases has increased,” Judge Bartle said. states that there is no such corporation. Chief Judge Harvey Bartle II 22 active judges on the court with the “In addition to these cases, we have “This is designed to protect the induction of Judge (Thomas) Golden a very high volume of multi-district judges. We’ve heard a lot about con- and requiring the disclosure form to be last year. In addition, we have our litigation cases in our jurisdiction. flict of interest these days and it’s re- filed forthwith. Keep Rule 7.1 in mind 13 senior judges who are invaluable. Judge Giles is shepherding the asbestos quired so the judge can take a look at and help us cut down on the workload Without their work and their help, we MDL after the death of Judge Weiner the statement and see whether or not in the clerk’s office. And if the disclo- couldn’t possibly do all the work we and I still have the phen-fen multi- there’s a subsidiary before him where sures are followed, the clerk’s office will have to do,” Judge Bartle said. district litigation. We have a number he may own stock in the parent,” he notify the judge who is handling the There was a decrease in the number of other smaller MDLs, which take the said. “The judge may not be familiar case to take whatever action is deemed of civil cases filed in 2006, compared to time of our judges, both active and se- with every subsidiary that’s owned by appropriate under the circumstances.” 2005. There were 6,841 civil cases filed nior,” he explained. a company. As of now, the rule has Kunz said both the Circuit and Dis- in 2005, compared to 5,688 in 2006, a The court plans to fill two vacant not always been faithfully followed. trict Courts have fully utilized all avail- decrease of 17 percent. Clerk of Court magistrate judgeships within the next We will be instituting a procedure able space at the Byrne Courthouse at Michael Kunz said increased use of al- few weeks. “Chief Magistrate Judge where the clerk’s office will be send- 6th and Market streets. “The Court of ternative dispute resolution has clearly Charles Smith will be retiring as of ing a notice to counsel for such parties, Appeals has made a policy decision to had an impact in the change in the March 1; he’s going back to Chester indicating they are not in compliance continued on Page 9
MARCH 2007 / BAR REPORTER In Their Own Words Aging Beats YLD Offering Finanical Education by Alan Nochumson may want to consider the college plans the Alternative where you can save for their education by Kenneth I. Trujillo Like many of you, I am burdened YLD UPDATE with favorable tax consequences. And, by student loans. Every month, I pay of course, these financial planners will When friends complain about get- what amounts to a mortgage payment show us what type of investment port- ting old, I’ve often joked, “it beats the to my student loan lender. In the year folio we should have at our respective alternative.” My experiences the past 2030, if all goes well, I will make my stages of life. I am as guilty as anyone, few weeks have last payment. That is a fact of life and but even if you do not have a lot of made me a true I have no regrets. I equate my student money to invest in individual stocks, believer in that re- loans to a business loan. Through my you should try mutual funds with sponse, particularly education, I am now a marketable varying degrees of risk. as I inch closer to commodity for years to come and have Either way, the future is now, 50. thus increased my income potential. whether we like it or not. The more we In early January Just because we have student loans plan. The older we get, the more people plan for future, the better we will enjoy I was merrily going does not excuse us from ignoring the are depending on us financially. If you the fruits of our labor. about my business economic realities of investing the re- are married and have children, you re- Kenneth I. Trujillo mainder of our paycheck. We all work Alan Nochumson, chair of the Young Lawyers Division, torturing my col- ally should think about obtaining life is the sole shareholder of Nochumson P.C. and may be leagues when I got hard and want to enjoy that meal at insurance as well as disability insur- reached by e-mail at [email protected] or telephone at (215) 399-1346. a sudden bout of shortness of breath. the newest Stephen Starr restaurant, ance. Also, if you have children, you This resulted in a trip to the Hospital of but for every $10 cocktail and $25 en- to expand at the Byrne Courthouse,” the University of Pennsylvania emer- trée we are missing the opportunity to federal courts Kunz said. gency room accompanied by one of my make our money work for us. Continued from Page 8 “We’re in the process of attempting partners and another close friend. The That is why the Young Lawyers Di- seek space. They want a new building to acquire the construction of an ad- next two days were a series of scenes vision is having a luncheon both on and Chief Judge Scirica and the judges ditional chambers in the Nix Building. straight out of “The Forty-Year-Old Vir- how to purchase that first house and of the Third Circuit are actively en- The current vogue in the federal courts gin” – not a movie I ever had an inter- setting ourselves up for retirement. gaged in that process,” Kunz said. Both is to share courtrooms,” he said. est in seeing but apparently required You would be surprised how many courts will be participating in the Ad- “We’d like to upgrade our jury as- viewing for anyone who attaches and young attorneys do not know the first ministrative Office of U.S. Courts asset sembly room and the clerk’s office has removes electrodes for a living. After an thing about buying a house. As a real management program to determine the some need for expansion. But it looks EKG, CAT scan, stress test and at least estate attorney myself, I am fascinated need for additional space. like we’re going to be operating under four nurses ripping electrodes and the by the number of homebuyers who are “We have a critical situation for ad- a continuing resolution of the 2006 accompanying hair off my chest I am nonchalant about really understand- ditional courtrooms and chambers. Our levels, and that’s going to be very dif- told I passed with flying colors. I am ing the ins and outs of purchasing a court continues to grow and we expect ficult,” Kunz said. told I have had no coronary incident house. This most likely will be the big- and I am free to resume my normal gest investment of our lifetimes and life albeit with more boring foods and we should take it that seriously. During more exercise. our luncheon, we will learn about how Having never spent the night in a to put an offer together, how to obtain hospital this is all very interesting to financing, the purpose of title insur- Please join PCA for a special evening honoring me. Then again, a law school classmate ance and property insurance, and what once said I am such an optimist if I we need to know before closing on the found myself in a Turkish prison camp house of our dreams. I would conclude it wasn’t so bad. One Later this year, the YLD will have a Marciarose Shestack & Jerome J. Shestack, Esq. piece of advice: if you ever have to be group of financial planners to explain hospitalized at HUP, opt for the Rhodes the importance of investing our money continued on Page 10 for the future. Life is more than a 401(k) 2007 recipients of the M. Powell Lawton 833 Chestnut East, Suite 1220 Quality of Life Award Jenkins is your Philadelphia, PA 215.574.1505 legal concierge! www.jenkinslaw.org Wednesday, April 11, 2007 Reception at 6:00 p.m. ~ Dinner at 7:00 p.m. Loews Hotel ~ 1200 Market Street, Philadelphia Jenkins Law Library For additional information about program book ads and reservations: 215-765-9000 ext.5052 or e-mail [email protected] We save you time and money!
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BAR REPORTER / MARCH 2007 The indoor pool at The Spa at Bally’s lies beneath a large atrium with immense rooftop sky- lights. Racquetball, basketball, aerobics and fitness classes are also available. The Blue Martini Lounge at Bally’s features an ice rail to keep beverages cold. bench-bar Continued from Page 1 a host of truly valuable, timely, com- pelling CLE programs for conference attendees,” said Bench-Bar Conference Co-Chair Michael B. Hayes. Bally’s offers more than 1,700 guest rooms, 21 restaurants, six lounges, 14 shops and the acclaimed Spa at Bally’s Park Place. The Pier Shops at Caesar’s, featuring some of the world’s most fa- mous merchants, is located just across the Boardwalk from Bally’s. Restaurant choices include Arturo’s, a New York-style Italian restaurant; Gatsby’s Grill & Oyster Bar; Mr. Ming’s, with recipes from Cantonese, Szechwan, Mandarin and Hunan regions; Noodles and Zen Sum, with freshly prepared noodle soups and congees; Pickles Deli; Prime Place, voted one of the best steakhouses in Atlantic City; Sidewalk Buffet; The Spa Café; The Bagel & Doughnut Connection; Gold Rush Grill; Virginia City Buffet; Lone Star Snack Bar; Gold Tooth Gerties; Garden Café; Luna; The Twenties Steakhouse; Wok n’ Roll and The Fulu Noodle Bar. The Spa at Bally’s offers services and facilities that have made this “resort within a resort” known as one of the most remarkable spas in the country. The Spa’s indoor pool lies beneath a large atrium with immense rooftop skylights and guests can relax in one of seven mosaic-tiled whirlpools. Bally’s Atlantic City has more than 1,700 guest rooms and 19 restaurants at the intersection of Boardwalk and Park Place. own words lesterol lowering and/or blood pressure Continued from Page 9 medicine. I guess misery really does STATION APPRAISALS, INC. love company because I am comforted Pavilion. For an extra few hundred dol- knowing that I am not the only one to (p) 215-887-1009 | (f) 215-887-2234 lars it is the Four Seasons of hospitals, whom this has happened. complete with a concierge, good food Other than more exercise and fewer Real Property Valuations and none of that charming hospital steaks, I don’t yet know what I will smell. ultimately take from this experience. I Bankruptcy As I tried to resume my schedule do know that I am more likely to take Divorce the topic of my little journey is fodder my doctor’s advice to play more golf, Estate Planning for conversations with my friends. I am spend more time with Laura and Maya amazed at the number of my contem- and work a little less. I am certain that 25 Easton Rd. #203 poraries – friends, colleagues and even when anyone complains about getting enemies that have suffered a similar old, my response will absolutely be “it Glenside, PA 19038 scare. I am also struck by just how flu- sure beats the alternative.” [email protected] ent most of my lawyer friends are with all things related to the heart and how Kenneth I. Trujillo, a founding member of Trujillo “The Attorney’s Appraisers” Rodriguez & Richards, LLC, has served as the City Solicitor many of them are on some sort of cho- of Philadelphia and as an Assistant U.S. Attorney.
10 MARCH 2007 / BAR REPORTER No Philly Championships? Just Blame William Penn by Jeff Lyons
There are many different groups of Web frustrated people in this city. Drivers bang their heads and gesticulate wildly check√ about the traffic. Attorneys are upset with the business privilege tax. But For additional information about perhaps the most frustrated group of “The Curse of William Penn,” visit all is the sports fans of Philadelphia. phrustratedfan.com. One group of fans, so upset with the lack of a championship among the The filmmakers have interviewed city’s major sports teams since 1983, dozens of Philadelphia fans, some thinks it has a reason behind the lack famous, some not, along with media of success - and a film to explain it all. types and those connected with the Rob Marcolina, Mikaelyn Austin teams. Interviewees include actor and Dan Borkson are the writers, di- Kevin Bacon (whose father, Ed, was a rectors and producers of “The Curse well-respected architect in town who of William Penn,” a film that seeks to opposed breaking the height barrier); place the blame for the championship former Sixers owner Pat Croce; Phillies drought at the feet (or more precisely, play-by-play announcer Harry Kalas; the hat) of the city’s founding father. Eagles play-by-play announcer Mer- According to the filmmakers, the rill Reese; St. Joseph’s University men’s championship drought coincides with basketball coach Phil Martelli; colum- the breaking of a gentlemen’s agree- nist and ESPN commentator Stephen ment regarding the height of buildings A. Smith; and local sports radio com- in Philadelphia and the four-story high mentators Angelo Cataldi, Joe Conklin, bronze statue of William Penn atop Ray Didinger, Dick Jerardi and Glen City Hall. Macnow. They provide their input The statue was created by Alexander about the curse and reminisce about Milne Calder and is the tallest statue some of the more painful losses by the on top of any building in the world. teams in recent memory. There is much When the statue was lifted into place hand wringing over the Eagles NFC One Liberty Place towers nearly 400 feet above the statue of William Penn atop City Hall. more than 100 years ago, an agreement Championship Game loss to Tampa Some sports fans blame the breaking of a gentlemen’s agreement over the height of buildings (not a law) was made that no structure Bay in 2003; the Phillies 1993 World in Philadelphia for a drought in sports championships for the city’s major league teams. in the city could ever rise higher than Series loss to the Toronto Blue Jays (Joe the brim of the hat on Penn’s statue. Carter still haunts my dreams); the Fly- Chickie’s and Pete’s in South Philadel- perseverance of the fans. Philadelphia That agreement was broken in 1984 ers 1997 Stanley Cup Finals loss to the phia last month and the DVD has yet fans love to wallow in their misery. with the announced construction of Detroit Red Wings; and the 2001 NBA to be released for sale to the public. This film is a fun look back at the One Liberty Place. The building would Finals dismantling of the Sixers by the The filmmakers are in discussion with sports history of Philadelphia teams be nearly 400 feet taller than the tip Los Angeles Lakers. cable networks to have the film shown and their relative lack of successs. The of Penn’s hat. The rest, as they say, is Since the agreement was broken on TV. Updates about screenings are filmmakers have created a film about history. Some of the city’s teams have in 1984, the Phillies, Flyers, Eagles and available at phrustratedphan.com. the love and passion the fans have for come close to winning championships Sixers combined have played nearly But this film isn’t so much about the the sports teams of the city. Philadel- since that time, but the “curse” has kept 90 consecutive seasons without a teams’ lack of success as it is about the phia fans, this one is for you. the fans of Philadelphia from celebrat- championship. Marcolina, Austin and ing. Personally, I don’t think it’s a curse Borkson interviewed a math professor at all. I think it’s a combination of bad to determine the unlikelihood of this ATTORNEY DISCIPLINARY / ETHICS MATTERS teams and bad management. But my championship drought. The odds are a theory doesn’t make for a good film. staggering 50,700 to 1. Curses are fun to talk about. The documentary premiered at
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