Shining a New Light on Public Interest Sheller Center Focuses on Social Justice for All by LAWRENCE S

Vol. 78, No. 4 Philadelphia Bar Association Quarterly Magazine Winter 2016 Shining a New Light on Public Interest Sheller Center Focuses on Social Justice for All BY LAWRENCE S. FELZER

10 Questions for “On Service” Dean Rod Smolla By M. Kelly Tillery By John E. Savoth

THE PHILADELPHIA L AW Y ER CONTENTS Vol. 78, No. 4 Philadelphia Bar Association Quarterly Magazine Winter 2016

FEATURES DEPARTMENTS

4 From the Editor by Steven R. Sher

6 Briefs

7 In Memoriam

9 Ethics 30 by Daniel J. Siegel Choose your words carefully when responding to online 12 Reminiscences of a Tax Lawyer for the criticism Pennsylvania Railroad Opening up a Pandora’s box exposes the weaknesses of a giant 23 Justice Ruth Bader Ginsburg Pursuit of by Robert S. Price Justice Legal Writing Competition Winner by Katherine Doris-Marie Tohanczyn 16 10 Questions for Dean Rod Smolla Who Should Call the Shots? Proposing Federal Oversight of New dean of Widener University Delaware Law School Mandatory Childhood Vaccinations expounds on the school’s prowess by John E. Savoth 42 Technology by Daniel J. Siegel 24 Engaging Students in Public Interest Create a powerful and unique LinkedIn profile to stand out Causes The Sheller Center immerses law students in real world legal 46 Book Review advocacy by David I. Grunfeld by Lawrence S. Felzer “Burnout and Self-Care in Social Work” by SaraKay Smullens

28 Education Crisis Costs Students a 48 That Was Then - 2006 Fair Chance 27th Philadelphia Bar Association 5K, May 21, 2006 The failing educational infrastructure is failing our children by Michael J. Carroll 30 Family Secrets With truth, often comes admiration by Daniel J. Siegel 34 "On Service" Serving the country has a storied tradition that can extend beyond military service by M. Kelly Tillery 39 The Reluctant Witness – Annals of Justice Confessions take on a new interpretation on the “inside” 24 by Steve LaCheen

2 the philadelphia lawyer Winter 2016

FROM THE EDITOR Roast Your Own

BY STEVEN R. SHER

any lawyers are oenophiles, wine-lovers. to screw it up. This, however, is a relatively expensive and Literally years later I came upon it at the bottom of a closet time-consuming hobby, as a quick trip to the and decided to see what it was all about. Opening the box, I M Internet shows. Even when using a commercial found not only rather simple instructions but a sealed-in-plastic kit there are many steps and days until you can drink. From half-cup of green coffee beans! Thinking they would be far too scratch? You will need grapes, space, a crushing device (or your old to use, but again curious anyway, I processed them as per the feet), cooking apparatus, thermometers and more. Things must surprisingly easy directions. About 15 minutes later I had roasted be sterile and the grapes themselves are perishable. coffee. It smelled okay, so I ground some up and brewed a cup. Wines are described by generally recognized terms, found on Unable to believe what was happening, and dancing joyously labels, signs in stores or in ads. We see descriptions of tangible around my kitchen like a man possessed, I was drinking the best properties like body, mouthfeel and tannin levels. Also familiar coffee I had ever tasted, old beans and all! are the taste and nose (smell) characteristics: woody, oaky, Kicking myself for having waited so long to try this, I soon spicy, fruity (or naming specific spices and fruits) and many found a couple of local sources for green beans sold at their others. roasted prices. By selling me unroasted beans at “roasted” But did you know that all these descriptors are also associated prices, the sellers, accustomed to selling roasted beans, would with coffee? Coffee has body, mouthfeel and not have to take a loss by selling me unroasted acidity, just like wine. And there is fruit, spice, beans at a discount. earthiness and many other similar terms used Not long after that, in November 2002, I to denote taste and aroma. I am referring here saw for the first time an ad for a much more to what are known as “single-origin” coffees, sophisticated home roaster and I jumped to beans from one farm, one locale or one country, order one. rather than the mass-produced commercial Roasting coffee takes very high heat and blends most of us are familiar with. those early machines were prone to electrical The complete process of wine-making failures. Nevertheless, as one and then another turns grapes into a wonderful drink. For died, I replaced them. As I found other brands, coffee, the activity that turns green beans I bought one or two and as they improved I into a wonderful drink is called roasting, a upgraded them, as well. The current roasters relatively inexpensive, easy and short process are much more reliable. that can be done simply at home. Of course, What, then, is the major advantage of home like everything humans put their attention to, roast? In a word: freshness. Ground coffee roasting can also be amazingly complex. goes stale in a day or two, no matter how it For example, one can roast in a popcorn air is stored. Roasted beans remain fresh for a popper, a metal dog food bowl with a powerful heat gun or even week or so, but then they too, rapidly fade. Greens are good in a cast-iron skillet on the stove. There are many articles online for many months and even beyond a year. No matter how basic that instruct how to use air poppers “as is” or with modifications your equipment and technique are, almost invariably your roast to give more control over the process. is better than anything from a store simply because it is so fresh. In addition, there are dedicated home-roasting machines, from Even vacuum-packed whole beans and beans loose in store bins cheap ($150 to $300) to quite expensive (thousands of dollars). are no match in freshness to what you can do at home. What one gets with more money is a greater capacity, and As an aside, if you drink coffee (or buy beans) from one of again, more precise control of the roasting. You will still need the newer “gourmet” coffee outlets, try to purchase from one a grinder (from $50 to $700) and a brewing device (from $40 that roasts on premises or gets its beans very locally and often. to thousands). Since green cofee beans are cheaper than their The other major advantage to roasting at home is the complete roasted counterparts, you can quickly recoup your investment control you have of the many important variables involved in in equipment. and affecting a bean getting from the coffee tree to your mouth. How do I know all this? I used to hunt garage sales. On one A short list: the type of bean you buy, including country, county of these forays I found a home coffee roaster made by Melita, or even farm of origin, growing altitude, weather and the a recognized coffee brand, new in its box. Being curious, I paid manner of processing the coffee fruit into the bean; the roasting $6 for it, but, thinking the process would be difficult, and as I process; the all-important roasting time; grinding method; and am sort of a perfectionist, I immediately put it away not wanting the brewing system (myriad ways just for this: French press

4 the philadelphia lawyer Winter 2016 pot, percolator, manual drip, automatic bittersweet. Roast characteristics give electric drip, pour-over with paper filter, the coffee a “darker” and more pungent vacuum pot and more). taste. The So, now, roasting. While even experts Roast-level preferences are as varied are not completely sure what happens to as people and their personal likes. Some Philadelphia coffee when it is roasting, briefly this is love lively, acidic, fruity, spicy low-body what occurs. Shortly the greenish beans coffee. Others like the heavier, darker Lawyer turn yellowish and then light brown. Heat flavors with more body and less acidity. EDITOR-IN-CHIEF forces moisture out, drying the bean. As Many like both. Interestingly, you can Steven R. Sher it dries it expands (swells) and soon the try combining different roast levels of woody parts begin to crack, audibly. the same bean, in the same cup, to get Volatile oils that create the smell, or the advantages of both lighter and darker Editorial Board Niki T. Ingram aroma, are driven to the surface and characteristics. The results of all this are Jennifer J. Snyder starch turns into sugar and caramelizes. infinite and in your own roasting you David I. Grunfeld All this affects the taste. Meanwhile, the can try it all and create whatever flavor Steve LaCheen beans continue to get darker. Depending and taste profile you want each time you Harold K. Cohen on the type of bean and the flavor you roast. John C. Gregory are seeking, the roasting can be stopped Finally, a strange irony. All these Richard G. Freeman anytime after light brown, but before flavor notes, fruits, spices, chocolate, April M. Byrd Emmanuel O. Iheukwumere really black. etc., I have just written about, I can taste Michael J. Carroll What, then, is the effect of roasting almost none of them! Apparently some James Backstrom on taste? Beans of different origins have people are “super tasters” and some Peter F. Vaira different inherent tastes (and aromas, are not. I am not. Because of taste bud Deborah Weinstein since after all most of taste is really physiology, some of us get much more Daniel J. Siegel aroma) characteristics. Some “taste” like taste (and aroma) sensation, and some of Justine Gudenas fruit, including blueberry, peach, mango us less. My personal holy grail of coffee May Mon Post Rochelle M. Fedullo and other flavors. Spices? Cardamom, taste has long been chocolate. But as Amber Racine cinnamon, clove, pepper and many many beans claiming some chocolate M. Kelly Tillery more. Some taste earthy, flowery, nutty note as I have tried, I have never gotten Editor Emeritus or even like tobacco (!). And then there there. I have even asked my suppliers for Herman C. Fala is “chocolate.” The varied “origin tastes” help or suggestions. Here is a response emerge early in a relatively light to a from Maria of Sweet Maria’s: “When a Director of Communications and Marketing medium-plus roast. These are terms coffee is described as ‘chocolaty’ that Meredith Z. Avakian-Hardaway of both time and color. Each level also does not mean it tastes like a chocolate Senior Managing Editor has several names (like American, City, bar, but rather there is a hint of a flavor Thomas E. Rogers City Plus and French) we roasters use to or aroma that suggests chocolate. People differentiate the minute differences in do vary a lot in terms of ability to taste Design Wesley Terry a roast’s length and color, all of which and smell. I know Tom [her husband] affect the taste. tastes things that I don’t …” As a roast’s time and color increases If all this interests you, there are many and darkens beyond medium plus, these sites on the Internet that sell beans, Philadelphia origin tastes of fruit, spices, etc. begin roasting equipment, books and, most to diminish and what is called “roast importantly, give information. Search Bar Association flavor” characteristics emerge. The taste “green coffee beans” or “home coffee CHANCELLOR becomes more complex as origin and roasting” and you should find all you Gaetan J. Alfano roast flavors merge. Some feel this is the need. Enjoy! Chancellor-Elect ideal roast. With more time, fruit, spice Deborah R. Gross and flowery flavors fade along with Steven R. Sher ([email protected]), Vice Chancellor acidity. The heavier mouthfeel called associate professor, legal studies at Drexel Mary F. Platt

“body” increases, as does sweetness, University LeBow College of Business, is Secretary or more accurately, bittersweet. editor-in-chief of The Philadelphia Lawyer. Jaqueline G. Segal

Any chocolate flavor may also turn Assistant Secretary Jennifer S. Coatsworth

Treasurer The Philadelphia Lawyer, printed with soy inks on recycled paper, is published quarterly in March, June, September and December by the Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2955. Telephone: (215) Regina M. Foley 238-6300. E-mail: [email protected]. Subscription cost for members is $5 which is included in annual dues, and Assistant Treasurer for nonmembers is $45 yearly. The opinions stated herein are not necessarily those of the Philadelphia Bar Association. All manuscripts submitted will be carefully reviewed for possible publication. The editors reserve the right to edit Natalie Klyashtorny all material for style and length. Advertising rates and information are available from Don Chalphin, Sales Director, Executive Director ALM, 1617 JFK Boulevard, Suite 1750, Philadelphia, PA 19103, (215) 557-2359. Periodicals postage at Philadelphia and Mark A. Tarasiewicz additional locations. POSTMASTER: please send changes to The Philadelphia Lawyer, c/o Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, PA 19107-2955

the philadelphia lawyer Winter 2016 5 Bholidays ■rperformanceief■ hiring ■ in memoriams BB rr ii efef ss

Lawyer Relaxation Tips During the Holidays he year is winding down and the holidays are upon us. T Perhaps this is the best time to take some vacation from your law practice. Taking time off may seem like more trouble than it is worth, but vacation time is valuable for boosting productivity and morale. Robert Half Legal provides five tips for a stress- free period away from the office. 1.PLAN AHEAD. Give advanced notice of your vacation plans. This will give you time to review workloads, allocate resources and bring in help if necessary. 2. PROVIDE DETAILED UPDATES. Once your vacation time has been finalized, give your team a detailed record of your projects, their status and next steps to create a smooth transition for your time away. 3. IDENTIFY A BACKUP. go-to for any requests so they can be time, preferably a day or two, to catch Designate a trusted coworker to serve addressed in a timely fashion. However, up on emails. Meet with your team to as your alternate on your projects to if you feel compelled to check on the get updates on project priorities and new keep them on track. Make sure to offer status of your projects, try to limit the business. Finally, remember that the rest to return the favor, though, when your amount of time you spend doing so. you get during vacation will make you a coworker takes their own vacation time. When you eventually return to the better worker when you return and that 4. LEAVE THINGS IN ORDER. office, make sure to give yourself some planning ahead goes a long way. Leave your workspace neat and orderly and leave instructions for where Focus Shifts to Firm Performance for 2016 and how to locate files. If appropriate, turn project materials over to your here will be more focus on tant for firm success than actual firm trusted designee. the performance of individual performance. With the industries that 5. TURN ON YOUR OUT-OF-OFFICE T law firms in 2016, accord- firms serve consolidating and evolv- MESSAGES AND SET LIMITS. ing to The Legal Intelligencer. A slow ing, rules are changing. Revenues are Update your voicemail greetings down in growth of law firms in 2015, down across the board, and demand for and email settings to notify others against 2014 numbers, has led legal services is shrinking causing competi- that you will be away. Provide contact observers to predict that segments (Am tion to increase and forcing firms to cut information for your designee as the Law 50, 100, 200) will be less impor- down on their outside spending.

6 the philadelphia lawyer Winter 2016 In 2014, according to The Legal Intelligencer, Am Law changing industry. The segments that have been past indicators 50 firms were performing better than Am Law 100 that were of success are not necessarily predicted to be indicators going performing better than the Am Law 200 firms. However, the forward. 2015 numbers paint a picture of “winners” versus “losers” Pennsylvania law firms in the Am Law 100 and Am Law with niche and boutique-sized firms showing the most revenue 200, according The Legal Intelligencer’s sources, had growth growth. These firms outperformed Am Law 50 firms that of roughly 3.5 percent from 2013-2014. Pennsylvania’s actually had the least revenue growth for 2015. Firms that are largest firms also did better in 2014 than those in some other doing well, like those niche and boutique shops, are rethinking markets, like New Jersey. However, sources say that the best their businesses to adapt to the changing legal environment. Pennsylvania firms can expect for growth is within the 0-3 Consolidation of industries, increasing interest rates and percent range for 2016. For more information, read the full outside forces like China’s volatile stock market will all create article in the The Legal Intelligencer’s PaLAW 2015 at http:// challenges for law firm success in 2016. However, the firms www.thelegalintelligencer.com/id=1202743246307/More- that will be successful will be those that have adapted their Focus-Expected-on-Individual-Firm-Performance. business models and compensation plans to adjust to the Optimistic U.S. Business Owners Plan More Hiring and Raises for Employees

mall and mid-sized business owners nationwide are OPTIMISTIC OUTLOOK, PROFITABLE YEAR increasingly optimistic about the prospects for their Nearly nine out of 10 owners are optimistic about their S own businesses and more expect to increase hiring and company's overall prospects – an increase from 83 percent in wages for their employees over the next six months, according the spring. At the same time, 76 percent are optimistic about to the latest PNC Economic Outlook Survey findings. their local economy, the highest number since 2007, but 67 The fall findings of PNC's biannual telephone survey reveal percent are optimistic about the U.S. economy. that one in four expect to hire additional full-time employees, Ninety percent of business owners say they will at least break the most since 2012 and second highest since 2007. Forty-two even this year, including 70 percent who believe they will make percent, meanwhile, intend to increase employees' pay, which a profit. The average profit is about 7 percent of sales. Only 6 is the most since 2007. One in four businesses also say they percent expect a loss. have hired in the last six months – a significant increase over FINANCING NEEDS REMAIN LIMITED the 18 percent in the spring. Although expectations for business prospects are promising, This positive outlook is bolstered by a decline in pricing loan and credit demand continue on a slow path upward. Eight pressure, in part due to the sharp drop in energy prices. Twenty- out of 10 owners say they will not pursue new loans or lines eight percent plan to charge higher prices this year, down from 38 percent one year ago. For prices charged by suppliers, 50 percent expect price hikes this year compared to 62 percent last year. ■ IN MEMORIAM ■ Owners, however, are also finding it increasingly difficult to hire qualified workers. The survey shows that 34 percent say it has become harder to hire qualified employees than it was Joan M. Roll Joseph R. Danella a year ago. One in 10 who are not hiring say that it is because Aug. 22, 2015, age 56 Oct. 5, 2015, age 88 they cannot find the right skilled workers. Albert S. Shaw Jr. Hon. Nancy Goodwin Aug. 27, 2015, age 87 Bolan (ret.) Oct. 11, 2015, age 64 Robert Howard Levin Aug. 28, 2015, age 69 Martin Techner Oct. 18, 2015, age 92 Frederick S. Patti Sept. 8, 2015, age 83 Owen A. Knopping Oct. 20, 2015, age 75

Lynn Zeitlin Richard B. Schwartz Sept. 10, 2015, age 74 Nov. 1, 2015, age 80

Thomas Bell Rutter Please send In Memoriam Sept. 27, 2015, age 79 notices to [email protected].

Have you considered a contribution to the Philadelphia Bar Foundation in memory of a deceased colleague? For information, call Jessica Hilburn-Holmes, Executive Director, at 215-238-6347.

the philadelphia lawyer Winter 2016 7 of credit in the next six months while 18 obtained from sources deemed reliable. Such to purchase insurance through these programs. A information is not guaranteed as to its accuracy. decision to purchase insurance will not affect the percent will. When asked about access You should seek the advice of an investment cost or availability of other products or services to credit, 23 percent say it is easier and professional to tailor a financial plan to your from PNC or its affiliates. PNC does not provide only 12 percent say it is harder now particular needs. For more information, please legal, tax, or accounting advice unless, with contact PNC at 1-888-762-6226. respect to tax advice, PNC Bank has entered into compared to three months ago. a written tax services agreement. PNC does not The PNC Financial Services Group, Inc. provide services in any jurisdiction in which it is (“PNC”) uses the marketing names PNC not authorized to conduct business. PNC Bank is Methodology Wealth Management® and Hawthorn, PNC not registered as a municipal advisor under the Family Wealth® to provide investment, wealth Dodd-Frank Wall Street Reform and Consumer The PNC Economic Outlook survey was conducted management, and fiduciary services through between July 21 to August 20, 2015, by telephone Protection Act (“Act”). Investment management its subsidiary, PNC Bank, National Association and related products and services provided to within the United States among 1,883 owners or (“PNC Bank”), which is a Member FDIC, and senior decision-makers of small and mid-sized a “municipal entity” or “obligated person” to provide specific fiduciary and agency services regarding “proceeds of municipal securities” (as businesses with annual revenues of $100,000 to through its subsidiary, PNC Delaware Trust $250 million. The results given in this release such terms are defined in the Act) will be provided Company. PNC also uses the marketing names by PNC Capital Advisors. are based on interviews with 520 businesses PNC Institutional Asset ManagementSM, PNC nationally, while the remaining interviews Retirement SolutionsSM, Vested Interest®, and “PNC Wealth Management,” “Hawthorn, PNC were conducted among businesses within the PNC Institutional Advisory SolutionsSM for the Family Wealth,” and “Vested Interest” are states of Alabama, Florida, Georgia, Illinois, various discretionary and non-discretionary registered trademarks and “PNC Institutional Indiana, Michigan, North Carolina, Ohio and institutional investment activities conducted Asset Management,” “PNC Retirement Pennsylvania plus Washington, D.C. Sampling through PNC Bank and through PNC’s subsidiary Solutions,” and “PNC Institutional Advisory error for the national results is +/- 4.3 percent PNC Capital Advisors, LLC, a registered Solutions” are service marks of The PNC at the 95 percent confidence level. The survey investment adviser (“PNC Capital Advisors”). Financial Services Group, Inc. was conducted by Artemis Strategy Group (www. Standalone custody, escrow, and directed trustee ArtemisSG.com), a communications strategy services; FDIC-insured banking products and research firm specializing in brand positioning services; and lending of funds are also provided Investments: Not FDIC Insured. No Bank and policy issues. The firm, headquartered in through PNC Bank. Securities products, Guarantee. May Lose Value. Washington D.C., provides communications brokerage services, and managed account research and consulting to a range of public and advisory services are offered by PNC Investments Insurance: Not FDIC Insured. No Bank or private sector clients. LLC, a registered broker-dealer and a registered Federal Government Guarantee. Not a Deposit. May Lose Value. The material presented in this article is of a general investment adviser and member of FINRA and nature and does not constitute the provision by SIPC. Insurance products may be provided PNC of investment, legal, tax, or accounting through PNC Insurance Services, LLC, a licensed advice to any person, or a recommendation to insurance agency affiliate of PNC, or through buy or sell any security or adopt any investment licensed insurance agencies that are not affiliated strategy. Opinions expressed herein are subject with PNC; in either case a licensed insurance Get Published in to change without notice. The information was affiliate may receive compensation if you choose

The Editorial Board of this magazine welcomes submissions from attorneys and other professionals who wish to share their expertise on law-related topics.

Articles must be original and previously unpublished.

Manuscripts should adhere to the following word counts:

* Major Law-Related Articles: 2,000 words * Other Law-Related Features: 1,500 words * General Interest: 1,500 words * Fiction: 1,000 words * Practice Areas: 750 words * Essays or Humor: 750 words * Book Reviews: 750 words For more information, e-mail: [email protected].

8 the philadelphia lawyer Winter 2016 ETHICS By DANIEL J. SIEGEL Watch What You Say! Lawyers Have Much to Consider In Writing Online Review Responses

o to Google or any other search engine and type in the name “Betty Tsamis.” GWhen I did it while writing this column, there were 4,810 results, and two of the first three highlight this lawyer’s decision to disclose confidential client information in response to a negative review a client posted on AVVO, a website that rates lawyers on a scale of 1 to 10. According to the Aug. 26, 2013 complaint filed against Tsamis by the caused the consequences he is now so a number of problems. First, no one Illinois Attorney Registration And upset about.” wants to be seen in a bad light. Second, Disciplinary Commission,1 one of When she stated that the client beat because we are lawyers, we are trained Tsamis’s clients posted a review on up a female coworker, the lawyer to respond. And third, because we are AVVO, in which he stated, among revealed confidential information that lawyers, we enjoy confrontations and other things, that “She only wants your she had obtained about the termination want to respond. money, claims ‘always on your side’ is of the client’s employment. The Illinois Yes, we really want to respond to a huge lie. Paid her to help me secure Disciplinary Board noted that these negative reviews, but unlike online unemployment, she took my money “statements in the posting were designed merchants, lawyers have an additional knowing full well a certain law in Illinois to intimidate and embarrass [the client] duty to maintain client confidentiality – would not let me collect unemployment. to keep him from posting additional and that is a problem. [N]ow is billing me for an additional information about her on the AVVO The Pennsylvania Bar Association $1,500 for her time.” Eventually, website.” Committee on Legal Ethics and the client removed this positing, but Thereafter, on Jan. 15, 2014, Tsamis Professional Responsibility tackled subsequently posted a second review entered into a Joint Stipulation And the issue in Formal Opinion 2014- that said, “I paid Ms. Tsamis $1,500 to Recommendation For A Reprimand2 in 200 (“Lawyer’s Response to Client’s help me secure unemployment while which she admitted, among other things, Negative Online Review”). In that she knew full well that a law in Illinois that she “replied to [the client’s] post and opinion, the committee addressed would prevent me from obtaining revealed confidential information about whether the Pennsylvania Rules of unemployment benefits.” his case [and that the] second posting Professional Conduct impose restrictions Tsamis replied to this review, stating contained information relating to her upon a lawyer who wishes to publicly it was “simply false. The person did not representation … and exceeded what respond to a client’s adverse comments reveal all the facts of his situation up was necessary to respond to [the client’s] on the internet about the lawyer’s front in our first and second meeting. accusations.” representation of the client. The [sic] When I received his personnel file, This is one example of many in Committee concluded that the “lawyer’s I discussed the contents of it with him which lawyers, in an effort to address responsibilities to keep confidential all and informed him that he would likely a negative online client review, have information relating to the representation lose unless the employer chose not to revealed confidential client information. of a client, even an ungrateful client, contest the unemployment (employers And in many of these situations, the constrains the lawyer [noting] that a sometimes do is [sic]). Despite knowing lawyers have found themselves subject lawyer cannot reveal client confidential that he would likely lose, he chose to go to professional discipline. Fortunately information in response to a negative forward with a hearing to try to obtain for Tsamis, she only received a private online review without the client’s benefits. I dislike it very much when my reprimand, but it could have been far informed consent.” clients lose but I cannot invent positive worse. Of course, now when potential In the opinion, the committee replies facts for clients when they are not there. clients search for her online, they find out upon Rule 1.6 (“Confidentiality of I feel badly for him but his own actions very quickly about her prior indiscretion. Information”), which prevents lawyers in beating up a female coworker are what For lawyers, negative reviews create from revealing information relating

the philadelphia lawyer Winter 2016 9 to representation of a client unless the lawyer cannot reveal client confidential defense for his clients. His billings are client gives informed consent, except for information in a response to a client’s fraudulent and he will wait just before he disclosures that are impliedly authorized negative online review absent the client’s goes to trial or before he files a motion for in order to carry out the representation. informed consent.” you, to tell you that you have to come up The committee further noted that Rule So what is a lawyer to do when a client with an[sic] additional funds depending 1.6(c)(4), commonly called the “self- posts a negative review? One, the lawyer on how rich he thinks you are.” defense exception,” only arises in the can ignore the review. Second, the In reply, the lawyer stated, “This review context of a civil, criminal, disciplinary lawyer can use any constructive criticism confuses me with a different attorney. or other proceeding, and not to negative as a teaching moment. Thus, if the client The information in the review does not internet reviews. complained that the lawyer’s receptionist and could not apply to me. First, because The committee then concluded that, was discourteous, the lawyer could it references a ‘defense,’ it appears to although “it is understandable that a address the concern. Third, the lawyer apply to a defense attorney, which I am lawyer would want to respond to a could respond gently. not. Second, the review addresses how client’s negative online review about In one situation, one of my clients I handle trials, although I am no longer the lawyer’s representation the lawyer’s was reviewed negatively by a purported a trial attorney, and have not done trial responsibilities to keep confidential all former client; however, the complaints work in more than 14 years. Third, when information relating to the representation clearly seemed to be misdirected. The I did conduct trials (generally on behalf of a client, even an ungrateful client, complaint stated that the lawyer was of plaintiffs in personal injury matters), I must constrain the lawyer [and] a “incompetent and can’t articulate a clear never had a paralegal, and all fees were on a contingency basis. Fourth, my practice is and has for more than a decade been primarily focused on handling wills and estates and alcoholic beverage law. None of these matters has ever gone to trial. Fifth, I have never had a client complain about my bills, which are usually based on flat fee or percentage arrangements. Sixth, I do not have a record of ever representing a client named ‘Morgan.’ While I regret that Morgan was unhappy with her attorney, she must have confused me with someone else.” In this circumstance, the lawyer addressed the complaint without revealing any client confidences. Of course, it’s easier when you do not know the client. But if you do, consider this advice from Forbes.com: “Even if you do get negative feedback, you can turn it into a positive by engaging in a constructive way and showing that you’re a genuine business. People are not looking for perfection online. What they’re really looking for is humanity and a genuine response, so a negative review can be a great opportunity to respond in a positive and transparent manner. And that has a good impact on all your customers.”

1 http://www.iardc.org/13PR0095CM.html 2 http://www.iardc.org/HB_RB_Disp_ Html.asp?id=11221

Daniel J. Siegel, ([email protected]), principal of the Law Offices of Daniel J. Siegel, is a member of the Editorial Board of The Philadelphia Lawyer, and the author of Changing Law Firms: Ethical Guidance for Pennsylvania Law Firms and Attorneys (PBI, 2nd Ed., 2015).

10 the philadelphia lawyer Winter 2016 Reminiscences of a Tax Lawyer for the Pennsylvania Railroad

By Robert S. Price

hen I retired from Saul Ewing LLP 13 years ago, the firm graciously offered me a small office from where I could continue representing a charitable client. Among thefew Wpictures I had room to hang was a June 2, 1967 letter hiring me as a tax attorney for the Pennsylvania Railroad (PRR). That job gave me a ring-side seat to the collapse of what had once been America’s largest and most powerful corporation, a behemoth that had totally dominated Pennsylvania. I had been hired to handle what was probably the largest tax disallowance ever proposed to that time by the Internal Revenue Service. Bill Antoine, the PRR’s vice president-taxation, hired me to work on the IRS audit of the PRR’s 1953-61 federal income tax returns. An IRS engineer-agent had proposed to disallow $0.5 billion of tax deductions that the PRR had claimed on those returns. If the agent was right, the PRR was making money and owed Uncle Sam tens of millions of dollars. For me to defend its tax returns, the PRR had to open its books and its operations, hiding nothing.

I started out to determine what the facts were by picking three across New York harbor to Bay Ridge, Brooklyn where they areas where the agent had disallowed enormous deductions. were unloaded on to the PRR’s Long Island Railroad which The first was New York Harbor. The agent had disallowed delivered them to the northbound New Haven Railroad. Of large expenditures for repairs on “float bridges,” tug boats and course, it would have been cheaper and quicker to run the piers. He decided that the expenditures had extended the life freight up the tracks of the New York Central Railroad on the of those assets. An elderly PRR supervisor started me off with west side of the Hudson to Albany and then turn east to New a tutorial on the float bridges. For freight cars from the South England, as is done today. But the PRR would never have bound for New England, the PRR hauled the freight cars to given that business to the New York Central, a hated rival. the New Jersey side of the Hudson River where it loaded As I walked through the freight yard to the river, the them onto barges. The PRR’s tug boats pushed the barges supervisor explained that New York harbor had a 5-foot-high

the philadelphia lawyer Winter 2016 11 Robert S. Price

tide. Float bridges had to be used on each side of the harbor car on it stripped the screws at the end of the rods. To avoid to connect the land rails with the rails on the barges. The float ruining the entire steel rod, the screws were made of bronze bridges were drawbridge-like contraptions that were hinged designed to give way, which happened often. Tens of thousands on the land-end and could be raised or lowered on the river- of dollars were spent each year replacing the expensive bronze end. The river-end of the float bridge was supported by steel screws, which did not extend the life of the float bridges as the rods from overhead beams, with screws on their ends. As the agent argued, but merely kept them working. tide went up and down, an operator mechanically turned the It was harder to find any of the tug boats that had been screws on the ends of the steel rods to keep the height of the repaired. To find the tug boat on which most of the disallowed float bridge’s rails even with the rails on the barge. When the money had been spent 10 years earlier, I walked along the operator misjudged, the weight of the bridge with a freight river until I found it sitting in the mud where it had sunk,

12 the philadelphia lawyer Winter 2016 The PRR’s depreciable lives confirmed that when the PRR built something, it built it to last a very long time with minimal maintenance. And, as required by the Interstate Commerce Commission, no depreciable life records were ever thrown away.

with its number clearly visible above the limited number of freight cars could be for repairs to three finger piers that water. backed into the slot. Unfortunately, one shared a common head house. A half Another $0.5 million dollars had been evening the railroader counting the cars million had gone into bracing the rotten spent on repairs to a nearly 1,000-foot- being backed in was distracted. He had head house floor where it had collapsed long pier on the New Jersey side of the the locomotive back into the slot three into the river. I could see the swirling harbor. The agent was sure that money more cars than its length permitted. The Hudson river waters and the timbers had extended the life of that 1917 pier. three extra cars knocked out the far end preventing the rest of the head house The pier had a depressed slot down the of the pier and dropped three freight cars from collapsing into the hole. And so it middle into which a locomotive would into the harbor. The disallowed repair went with every disallowed repair. The back load freight cars so that their doors was spent to fish the freight cars out of agent had not recognized that the PRR were level with the platform. Freight the Hudson and to re-attach the back end was a hollowed out shell of what it had would be unloaded and carted directly of the pier. been. It was not only not improving its across the platform to a ship anchored On the Manhattan side of the Hudson, facilities; it was spending no more than along-side the pier. Obviously, only a nearly an equal amount was disallowed was absolutely required to keep running.

the philadelphia lawyer Winter 2016 13 I chose Sam Rhea Shops in Hollidaysburg, Pa., near Altoona, out what depreciable life the PRR was using for each repaired as the second area in which to investigate large disallowed facility. The answers astonished me. For example, the repairs. The largest single disallowed invoice was for $0.5 depreciable life for that enormous pier in New York harbor million for roof repairs. The superintendent took me into the was 100 years. Even if the end of that pier had fallen off in building, which turned out to be one-mile long. It contained the 1950s due to rust rather than error, the cost of putting it an assembly line that started with parts coming in at various back would have been a repair. When the money was spent, points and a completed freight car coming out at the end. A the pier had not passed half of its depreciable life. The small roof patch every 50 yards or so was what the invoice PRR’s depreciable lives confirmed that when the PRR built had paid for – obvious leak repairs. What was once America’s something, it built it to last a very long time with minimal largest freight car assembly line had become a depressingly maintenance. And, as required by the Interstate Commerce half-empty, slightly dilapidated facility. Commission, no depreciable life records were ever thrown Next was a trip to the Paoli, Pa., shop where the old away. Tuscan red steel cars for the Philadelphia commuter lines I learned my final lesson about the culture of the ailing were receiving rebuilt electric traction motors. Most of PRR, from the agent’s treatment of the capital gain the PRR those coaches had been built from 1909 to 1913 for the run reported on the sale of the air rights at Philadelphia’s Penn between Philadelphia and New York City. Around 1932 they Center which was built above Suburban Station. Prior to its were retired from intercity service and were electrified for demolition in 1952, that was the site of Broad Street Station, the commuter service into the newly built Suburban Station. an enormous soot covered red brick Victorian pile. The tax There was no doubt that the cars were antiques, so the only question turned on the March 1, 1913 amendment to the United question was why were the traction motor replacements States Constitution. It enabled the federal government to tax classified by the PRR as repairs? The answer was that, with the income of individuals and businesses. The land under these antique cars, each replaced electric traction motor didn’t Broad Street Station had been bought by the PRR between last more than a year. The repair would have to be repeated the 1879 and 1880. But it was unconstitutional to tax any of the next year. The PRR was keeping those cars running with spit gain in value of that land that occurred between its purchase and baling wire. date and March 1, 1913. While the PRR knew how much it So I could prove that the PRR was making repairs only to had paid for the land and how much it had sold the air rights keep running, not to improve its properties. But to determine for in 1953, it had to determine gain or loss by using as its that the repairs were not extending their lives, I had to find tax basis the value of that land on March 1, 1913. It hired an

14 the philadelphia lawyer Winter 2016 His boss was a Civil War veteran who welcomed the new boys, all from Roman Catholic High School, by taking them to lunch at the saloon across the street and then to the bordello at 20th and Arch streets where, despite his age, he joined in.

appraiser who had been in the real estate commercial use and value of property at Lines, that the disappearing companies business in 1913, who said the value was 15th and Market streets. dividend all of their retained earnings $9 a square foot. I eventually delivered all of the and profits to Penn Central and borrow The agent was sure that $9 too high. He evidence I had gathered to a very wise back the same amount. The staffer spent hours looking at deeds in City Hall senior IRS appellate conferee in his office thought that this non-cash dividend hid to find lower purchase prices for sales at Two Penn Center. He recognized that the desperate condition of the railroad in central Philadelphia. Unfortunately, the IRS had an embarrassing problem from the public. I offered him two all of the deeds said – as was then the on its hands. I was invited to a meeting documents to help him examine me. custom - “One dollar and other valuable with the IRS’s top audit personnel at the The first was a letter from the Interstate consideration.” The agent’s diligence national office in Washington. I later Commerce Commission authorizing was finally rewarded when he found a understood that, as a result of the PRR Penn Central to make the dividend/loan deed for the property on the northeast audit, the procedures were changed to swap since it would save Pennsylvania corner of 20th and Arch streets that rein in a rogue engineer-agent. Truck Lines around $1 million a year reported paying $7 a square foot. He Unfortunately, the resolution of the in Pennsylvania Capital Stock and used the $7 number and increased the PRR audit itself was less satisfactory. In Corporate Net Income Taxes. The PRR’s taxable gain by $10 million. early June 1970, the appellate conferee second was the memo I had sent to Bill How could I prove that in 1913 the and I reached an entirely acceptable Gerstnecker, the number two financial value of land at 20th and Arch streets proposed resolution of the largest Issue, man at Penn Central, asking whether the was less than the value of land at 15th the disallowance of more than $160 dividend/loan swap would deceive the and Market streets? I knew that the million in freight car repairs. I was shareholders by inflating the railroad’s clerks preparing tax returns in the bull elated as I sped back to Bill Antoine’s income. Bill had written across the pen outside of my office were all union office in Six Penn Center, since I knew top of my memo “No, we are going to men without a mandatory retirement that the proposed freight car repairs report income of all of the Penn Central age. I called in the oldest, Murphy (not settlement would mean that no tax was companies on a consolidated basis and his real name), and asked him when he due and we were only talking about the that, as an intercompany transaction, came to work for the PRR. He replied size of the tax loss carry forward. I burst the dividend will be eliminated in that he started in 1911 at the General into Bill Antoine’s office and blurted out consolidation. Go ahead.” Office Annex on the northeast corner of what I had negotiated. Bill punctured The staffer then asked me how many 19th and Arch streets. He remembered my balloon by saying “that’s great but shares of Penn Central I owned or had that the building on the northeast corner I can’t talk to you now. I’m working on ever owned? I said none. He asked why of 20th and Arch streets was a bordello the Pennsylvania Company Debenture.” I had not joined the company’s “thrift (not the word he used). When I asked He was right. I knew that if the proposed plan” to buy shares at half price? My him how he could be so sure, he told me bond issue didn’t sell the PRR would go answer summarized what I had learned. that his boss took him there on his first bankrupt, which is what happened. The I said I had been hired to defend the day at the PRR. His boss was a Civil War petition in bankruptcy was filed on June losses that the PRR had reported for veteran who welcomed the new boys, all 20, 1970, and four months later I left to federal income taxes. “Frankly, as I from Roman Catholic High School, by return to private practice, putting the conducted that defense, I never saw a taking them to lunch at the saloon across railroad behind me. price I thought that stock was any good the street and then to the bordello at 20th A few months later, I got a call from at.” He thanked me, hung up and I and Arch streets where, despite his age, a staffer at the Securities and Exchange never heard from the SEC again. I had he joined in. I got two affidavits (the Commission who wanted to subpoena done my best, documented it and had other from a clerk hired in 1912). They me to testify about the bankruptcy. I had fortunately taken copies with me. proved that in 1913 the commercial use recommended, when what had become and value of property at 20th and Arch Penn Central was merging six trucking Robert S. Price ([email protected]) is a streets was rather different than the companies into Pennsylvania Truck consultant to Dentons US LLP

the philadelphia lawyer Winter 2016 15 QUES10TIONS for Rod Smolla DEAN AND PROFESSOR OF LAW, WIDENER UNIVERSITY DELAWARE LAW SCHOOL

INTERVIEW BY JOHN E. SAVOTH

ean Rod Smolla came to Widener University Delaware different American law schools, large and Law School in 2015 after a lengthy career in academia small – city schools, state universities, public schools and private. While I was and private practice. Dean Smolla served as the dean of a law professor, I remained active as a D University of Richmond School of Law and Washington litigator and I still argue cases today. and Lee School of Law in Virginia and as president of Furman University You’re still practicing law to a in Greenville, S.C. He has presented oral arguments in state and federal certain extent and you’re a first- courts across the country, including in front of the U.S. Supreme Court. amendment attorney and scholar. He also is an accomplished writer, having authored and edited many Do you have any cases that either books for general and legal audiences. Dean Smolla is a native of the you’re involved in now or you’ve been involved in that would hold Chicago area, graduated first in his class from Duke University School interest to the Philadelphia Bar of Law and earned his undergraduate degree from Yale University. Association membership? I just finished filing an interesting friend- JOHN E. SAVOTH: I’d like to first have you describe of-the-court brief in the Washington Redskins’ trademark your educational background and your professional case with the very famous lawyer, Floyd Abrams. We argued background before arriving here at Widener that – even though we don’t like the Redskins and don’t like University Delaware Law School. their trademark – their trademark is protected by the first amendment, and the government can’t cancel it. DEAN ROD SMOLLA: I grew up in Chicago. My dad was an air I am also representing the fraternity at the University of traffic controller. I was a first-generation college student – Virginia that was the victim of a false story in Rolling Stone not just in my immediate family, but from my large, extended magazine that it was the scene of a gang rape. Sometime next family. year I’ll be arguing an appeal in Washington, D.C. in a libel Then I went on to law school. I had never met a lawyer in case that’s been going on for almost a decade that’s about to my life and I don’t think I did until some event my first year. go in front of the D.C. Court of Appeals. After law school I clerked for a federal judge in Mississippi – a Federal Court of Appeals judge. With that varied background and all the experiences I then came back to Chicago to start a practice and moved you’ve had professionally and personally, what drew from there into academic life. I have been at many, many you here?

16 the philadelphia lawyer Winter 2016 PHOTOGRAPHED BY John Carlano

I have always been a believer that it’s important for law schools to take seriously the job of training students to actually practice law and to enter professional life.

I had been here before as a visiting scholar to give a lecture. I have not put all that much emphasis on that. I like the fact that love this part of the country. The law students that tend to come that’s always been part of the value system of this law school, to the Delaware Law School remind me of myself. Something and that the faculty members, the alumni and supporters of the like 70 percent of our law students come from families where school are willing to double down and make that even more no one’s ever been a lawyer, and for many of them, it’s also important. I think that this school is more committed to that the first time anyone in their family has gone to college. than a lot of the schools where I’ve been. So, the opportunity to be part of a school that helps folks like One other thing I’ll say is that Delaware Law School is in them make great careers, accomplish great things – having a grouping of schools that takes service to the community never dreamed they would ever be able to go to law school – is seriously. Our faculty members are involved, our students are really something I care deeply about. involved and I believe in it. This place is not an ivory tower. We are out there trying to make an impact, and I think those Do you see any recognizable differences between are really distinctive characteristics. Delaware Law School and the other schools where you’ve served as dean? What is your impression of the level of instruction I have always been a believer that it’s important for law schools at Delaware Law School? And do you see any areas to take seriously the job of training students to actually practice where it’s particularly strong? law and to enter professional life. Historically, law schools Not only is the faculty terrific, but we’ve got some wonderful,

18 the philadelphia lawyer Winter 2016 impressive adjunct professors. We have dramatically. The indicators say that attract more students, we’ll take those past chancellors of the Philadelphia has bottomed out, and that now it’s revenues and invest in education, and Bar Association. We have federal beginning a slight uptick. But I doubt it maybe lower the cost of tuition over bankruptcy judges. We have Justice will ever go to the high levels that were time or give out more financial aid. Randy Holland, Delaware Supreme reached a decade ago. I think we may Another issue that has been Court, who is one of the revered figures be in a national position of stability and talked about, really since the in all of the judiciary across the United maybe mild growth, but it’s not going recession in 2008 and 2009, States. I was delighted when I got a to be dramatic growth. is the difficulty in securing sense of how strong the law faculty is Now, the good news is that Delaware post-graduation employment. and how dedicated they are. We have Law School is beating the market. We How’s the Delaware Law School strength in a lot of areas. had a 25 percent increase in applications addressing that? this year over last year, and although it’s We’ve done well and I think one of There’s been a lot of press on early in the season it is up again, even the interesting things is a lot of the the state of legal education, over last year. We’re really hopeful that realignment in the legal market occurred particularly focused on schools there’s an excitement and a buzz that is at the really elite level. The big law that are confronted with a coming to the school that will help this firms changed their business models shrinking pool of applicants. school grow stronger. successfully and are hiring fewer What are your thoughts on that? Even so, we’re being conservative associates. Historically, Delaware law Well, there’s certainly been a national in our estimates and we’re being very students have tended to go to smaller trend over the last five years that really prudent. We’ve already cut a lot of firms where they could gain practice was triggered by the 2008 recession. costs, and we’ve had to learn to run experience quite quickly. They’d The overall number of students is down on a leaner model. If we’re able to also go into government agencies, or

the philadelphia lawyer Winter 2016 19 become public defenders or prosecutors. They have I have. I’ve interacted with a lot of our alumni and we’re traditionally worked in parts of the legal market that have making connections, we’re building momentum for the not downsized that much, so we’ve had great employment school, we’re raising resources for the school, we’re looking statistics. for ways to help our students get jobs and we’re recruiting Our message to the students, though, is that the employers new students. are not going to come here to knock on the door. That’s not I look forward to a chance to do it more. I love to talk about the way it works. You’ve got to go out there. You need to be legal issues, about what’s going on in the Supreme Court and resilient, you need to show some hutzpah, you need to show what’s going on in the profession. people that you’ve got what it takes and that you’ve got grit. You’ll need to be able to deal with people, prove that you’ve You’re sitting for the Delaware State Bar Exam. What got business sense and know what it means to work. These are do you hope to accomplish with this endeavor? some qualities that a lot of legal employers are looking for. I’ve been admitted in Illinois for almost 40 years and admitted These are also qualities that a lot of our graduates possess. in Virginia for more than 20 years, and I really want to push I think one thing that we can probably do more of is engage our students into a culture where they understand from the our alumni. We have 11,000 graduates of the school. A large first day they get here that one of their first jobs is to make number of folks in the Philadelphia area went to this school, sure they’re positioned to pass the exam. and they’re willing to help create the structures and the I’d like every one of our students to pass the bar exam, and opportunities for our graduates. this sets an example for them. I’m going to go through the bar exam courses. I’m going to have to go through the grind of Let’s talk about the alumni. We just had Judge relearning things that I studied a long time ago in law school Paul Panepinto, Philadelphia County Court of and haven’t used since. It’s largely a message to the students Common Pleas, an alumnus of the school, run for – we’re all in this together and that I know what it takes, that the Supreme Court of Pennsylvania, and recently I know what it’s like. we’ve had two Chancellors of the Philadelphia Bar Secondly, it’s a signal to the practicing bar and the judges in Association – myself and Bill Fedullo – who are Delaware that even though we’re part of a region, the school alumni of the school. Have you had a chance to exists in the state of Delaware, and I want us to be connected interact with the alumni? to the profession in this state. It is important for the dean to be

the philadelphia lawyer Winter 2016 21 What more could you tell a law student than as you go through your life as a lawyer, that if you ever have a dilemma, just ask yourself what would Atticus do?

a member of the bar and serve on committees and go to the bar Atticus Finch, the man in that novel, not just as a lawyer, but meetings to maintain a connection with the profession. as a dad is the most powerful. The reader gets a sense for how The last reason is that I take my identity as a lawyer seriously he balances his professional life and his love of his family, the – not just as a law professor and a dean. I think of myself as way he treated everybody in the community – not just in the a member of the profession, and I want to have a law license way he treated them as a lawyer, but the way he treated them where I live – where my professional address is located. That as a human being. And then, his courage as an advocate. means something to me. Now, I might not be so cheery about What more could you tell a law student than, as you go it in May when I’m trying to re-remember the rule against through your life as a lawyer, that if you ever have a dilemma, perpetuity, but I’m excited. just ask yourself what would Atticus do? Not a bad way to think about how you approach the life of a lawyer. So, even If you could have our future lawyers at Delaware though it’s almost a cliché because so many people would Law School read one book, what book would it be? give this answer, I’m happy to give it. That’s the one book I’d It’s “To Kill a Mockingbird.” We actually showed the movie make sure they read. here at the law school about three or four weeks ago and followed it with a student discussion. John E. Savoth ([email protected]), adjunct professor First of all, it’s a masterpiece. It’s an American masterpiece, of law at Widener University Delaware Law School, is a Past and it’s powerful on so many levels. But to me, the portrait of Chancellor of the Philadelphia Bar Association.

22 the philadelphia lawyer Winter 2016 Who Should Call the Shots?

Proposing Federal Oversight of Mandatory Childhood Vaccinations

By Katherine Doris-Marie Tohanczyn

n a democracy laws are not made to meet the predilections of individuals, nor to feed mistaken views which an individual might hold, when that “Iview is detrimental to the people as a whole. Laws are made for the protection of all, and such laws are enforced even if the law is distasteful to some individual – yes, even if the law is hateful to some individual.”

INTRODUCTION federal government is in a much better position than state The United States was founded on the principle of personal governments to safeguard public health due to its superior freedom, famously “secur[ing] the blessings of liberty” financial and scientific resources and expertise. for generations. However, it is commonly accepted (albeit This Article argues that the current system of excessive sometimes grudgingly) that vaccination exemptions, coupled this freedom is not absolute, with inconsistent governmental as one’s exercise of personal standards and enforcement, freedom cannot infringe upon inhibits public health goals another citizen’s exercise of associated with compulsory their own freedom. Federal and immunization. Part II discusses state governments are charged, the development of current not with determining whether vaccination laws, including citizens have freedoms, but the three commonly accepted rather with drawing boundaries exemptions to vaccines. Part III and determining when one’s examines the negative impact actions impede the rights of these exemptions have on the another. For example, America’s public health. Finally, Part IV basic principles dictate that urges the federal government one should have the freedom to take action by setting stricter to refuse to be vaccinated for standards and influencing states any reason including, distrust in to implement this program by science or wish to avoid physical tying it to federal funding for discomfort. At the same time, education. parents have the right to send their children to receive an education in a safe environment. For the complete essay go to For over a century, state governments have attempted to www.philadelphiabar.org/WebObjects/PBAReadOnly. toe the fine line between respecting a citizen’s decision to woa/Contents/WebServerResources/CMSResources/ refuse a vaccine and protecting the public health. Despite ginsburgessay15.pdf. consistent scientific advances in the area of vaccinations, the spread of infectious disease continues today and is likely Katherine Doris-Marie Tohanczyn ([email protected]) is to remain under the status quo. With that understanding, the a 2015 graduate of Villanova University School of Law.

the philadelphia lawyer Winter 2016 23

TEMPLE'S SHELLER CENTER ENGAGING STUDENTS IN PUBLIC INTEREST CAUSES

BY LAWRENCE S. FELZER

hen you first enter the Stephen and Sandra Sheller Center for Social Justice, part of Temple University Beasley W School of Law, one is struck by how open the room is with natural light beaming in through the windows. The stream of light could be viewed as inspiration for the staff and law students to follow the vision of social justice for all.

The Sheller Center was established “The law school is always seeking in 2013 thanks to a generous gift from creative solutions to address the ways Stephen and Sandra Sheller. “We talk in which we fall short of the promise of a lot about freedoms that Americans justice for all,” said JoAnne Epps, dean have,” says Sandra Sheller, “and a lot of of Temple University Beasley School times if you’re combating poverty and of Law. “The Stephen and Sandra chaos and oppression you can’t really Sheller Center for Social Justice will partake of those freedoms. So the whole help us realize this goal.” The Sheller idea is on a higher level to advocate for Center is staffed by Hon. Sandra Mazer those people that don’t have a voice, and Moss (Ret.), executive director, law maybe even empower them to advocate school professors and law students for themselves.” both enrolled in a clinical program and The Sheller Center utilizes a unique volunteering their time. approach in a law school setting to help In its first two years, the Sheller others with projects focused both on Center has focused on issues such representation of individual clients and as wage theft, barriers to justice for broader policy advocacy, with the hope non-English speaking individuals in that both will result in systemic change. Pennsylvania’s courts, immigrants

the philadelphia lawyer Winter 2016 25 Emily Bock and Bradley Napier, students of Temple University Beasley School of Law and volunteers with the Stephen and Sandra Sheller Center for Social Justice. Photo courtesy of Hon. Sandra Mazer Moss (Ret.)

being held in jail and allowing driver’s the lawyer in working in a coalition on had the unique experience of calling licenses for undocumented immigrants. policy and legislative matters, including magistrate court offices all over the None of this work is done in isolation what it is like to work with non-lawyers state to find out what their policies were as the Sheller Center collaborates to effect policy. This program allows with respect to providing interpreters with other local groups such as ACLU students to participate in change and to non- or limited-English speaking of Pennsylvania, Community Legal present a fresh perspective. “[Y]oung individuals in court. This information Services and Friends of Farmworkers. eyes see things differently than older was then compiled for release in the Each semester, interested law students eyes” said Judge Moss. Sheller Center’s report titled “Barriers take a clinical class titled “Social From the students’ perspectives their to Justice for Non-English Speakers in Justice Lawyering,” taught by Professor time in the clinical program at the Pennsylvania Courts” issued in February Jennifer Lee, and work in small Sheller Center has been invaluable. The 2015. This report found that the courts groups on individual cases and policy clinical provides law students with the often operated in violation of federal advocacy. A two-pronged approach unique opportunity to do both individual and state laws requiring state courts is what differentiates the Sheller client and policy work. Third-year to provide language-access services. Center experience from other clinical law student Bradley Napier found the This language-access report received programs. The classroom component “perspective of looking at issues from extensive press coverage, including of the clinical includes simulated micro and macro” very different from articles in The Legal Intelligencer, The client interviews and discussions on the usual experience of just doing Philadelphia Inquirer, the Pittsburgh how to make a client feel comfortable micro (individual client) work. Emily Post-Gazette and other newspapers and heard. At the moment, systemic Bock, another third-year, enjoys the around the state. advocacy efforts include attending amount of autonomy law students have COMBATING WAGE THEFT community meetings; researching, working in small teams, allowing the AND PROTECTING LOW-WAGE drafting and issuing policy reports; and students to learn on their own and then WORKERS participating in community education follow up with the professor to discuss efforts. Professor Lee feels it is the what was learned. Bock said that it Wage theft has been one major mission of her class to teach and talk was especially interesting to learn the focus area of the Sheller Center and with law students about social justice. rules of evidence or civil procedure its report titled “Shortchanged: How She thinks it is important to expose law in the classroom, then see how those Wage Theft Hurts Pennsylvania’s students to social justice lawyering and rules apply in a real case. Napier said Workers and Economy” was released show that it can be done in multiple that seeing these rules applied in a real in June 2015. This report provided ways. Students learn what it is like to setting is like having a “light bulb go the first data on the prevalence of represent or advocate for a client in off in your head,” allowing students to wage theft in Pennsylvania. Wage theft a courtroom and also learn the role of learn something and then apply it. Bock is when workers are cheated out of

26 the philadelphia lawyer Winter 2016 The law students staged skits in Spanish to educate the workers about their rights with the police and how to prevent themselves from being arrested.

overtime they are legally entitled to, June 2015 on why Pennsylvania’s refusal from honoring ICE detainers this does not paid minimum wage or otherwise to issue driver’s licenses to individuals not answer the question of how counties shortchanged when they receive their based on their immigration status is bad will collaborate with ICE in the future. paycheck. The report estimated that in policy. The law prevents undocumented In September 2015 the Sheller Center, an average workweek almost 400,000 residents from driving under any working with other advocacy groups, Pennsylvanians experience a minimum circumstances, even when experiencing called on the Pennsylvania Department wage violation and more than 300,000 an emergency. The report concludes that of Human Services to close a detention Pennsylvanians experience an overtime this current policy is harmful because center in Berks County, where they violation. This is estimated to cost it wastes law enforcement resources, say children as young as 11 days old Pennsylvania workers $19 million to denies full economic participation to all are held illegally for immigration $32 million a week. The comprehensive Pennsylvania residents, limits access to violations. A protest was held in Center 52-page report states “wage theft is bad basic needs and harms family unity. The City Philadelphia to call attention to for the state and its residents. The state report states Pennsylvania would benefit this injustice. According to advocates, economy suffers when employers steal if this law was changed by the increased under Pennsylvania law, children under from low-wage Pennsylvania workers revenue from issuing driver’s licenses, nine years old may not be detained and because this money would otherwise be promoting public safety by requiring minors cannot be detained without a spent in the local economy. We estimate drivers who might drive anyway to get court order. Both provisions of the law that such stolen wages deprive the state to a job or medical appointment to take were being violated with respect to of tens of millions of dollars of valuable the driver’s test, improving relationships the children being detained in Berks tax revenue each year. Wage theft also between law enforcement and County. penalizes law-abiding businesses, immigrant communities and promoting A FUTURE IN who are at a competitive disadvantage economic benefits for all Pennsylvania PUBLIC INTEREST LAW compared to employers that break the residents. Immigrant rights were also law.” The report concludes with a the subject of another Sheller Center Longer-term goals for the Sheller number of recommendations including report titled “A Changing Landscape: Center, according to Professor Lee, specific recommendations listed to Pennsylvania Counties Reevaluate include having the Sheller Center pull strengthen local laws and to improve Policies on Immigration Detainers.” together synergies from the different state agency enforcement. This comprehensive 51-page report schools at Temple University, such In addition to Sheller Center students with information on the policies of each as working with a criminal justice working directly with workers trying of Pennsylvania’s 67 counties, found professor from outside of the law to obtain wages due to them, in an that approximately half of Pennsylvania school. Regardless of what future innovative education project to inform counties no longer hold individuals direction the Sheller Center takes, the low-wage workers of their rights, law in local jails at the request of U.S. impact it is having on low-income students from the Sheller Center went to Immigration and Customs Enforcement and vulnerable populations through its a parking lot in Northeast Philadelphia (ICE) after they are otherwise eligible work is enormous and immeasurable. where low-wage workers congregate. to be released. This is as a result of a The unique and invaluable combined The police had been hassling these 2014 federal court ruling in Galarza v. individual representation and policy workers when congregated in the Szalczyk, that found that “ICE holds” or advocacy clinical experience that parking lot. The law students staged “ICE detainers” are discretionary. These law students receive at the Sheller skits in Spanish to educate the workers detainers leave local agencies that honor Center also impacts future lawyers in about their rights with the police and them open to legal liability and divert Philadelphia, training them to become how to prevent themselves from being resources away from other local law tomorrow’s leaders in the Philadelphia arrested. enforcement needs. The report noted Bar Association and the city. SUPPORTING IMMIGRATION that some counties made changes in their RIGHTS ADVOCACY policies as a result of the questionnaire Lawrence S. Felzer (lfelzer@ that was sent to the county to compile SeniorLAWCenter.org) is the director Another major focus area of the information for this report. However, of development and finance at the Sheller Center has been immigration the report also noted that although SeniorLAW Center. rights, with a 25-page report issued in Pennsylvania counties are moving away

the philadelphia lawyer Winter 2016 27 EDUCATION CRISIS COSTS STUDENTS A FAIR CHANCE

By Michael J. Carroll

have been thinking about the education crisis in Philadelphia for a long time, thinking and worrying because each year funding and support for our schools and the students in them grows Iworse. I have lived in Philadelphia for four decades. This is where my children attended the neighborhood public elementary school and graduated from a city public high school. Philadelphia schools gave them a chance in life. I fear that is changing. Our schools may no longer be giving our children a chance.

I know that many school districts throughout Pennsylvania very poorly funded ones in places like Mount Carmel and are also poorly funded. They are suffering and not doing a Philadelphia. very good job of educating their children and giving them a Mount Carmel, like Philadelphia, has seen better financial fighting chance in life. times. The decline of mining shrunk the town from 18,000 I grew up in Mount Carmel in the Pennsylvania anthracite people in 1930 to fewer than 5,000 today. In recent decades coal region. I was more than a little disturbed to read that the houses that were once crammed with families often came to Mount Carmel School District, where I graduated from high shelter one widow until she passed on. One out of five houses school, spends less money to educate a student than any other is now empty. When my mother died a little over a decade district in the state. It is at the bottom. Dead last. ago we sold the well-maintained family home for $23,000 and Mount Carmel High managed to nudge me out into the were lucky to get it. We might not be able to sell it at all today. world four decades ago. It would never have been mistaken This is not the making of a solid basis to support a school for a fancy suburban public, or for an elite private school (not system. in physical plant or in standardized test scores) but it gave Supporting schools though real estate taxes is an impossible me a chance. I worry that it will no longer be able to provide mission in Mount Carmel and Philadelphia. This is no way chances from the bottom of the funding barrel. I have the same to educate our young; leaving no way to give them a chance. worry about Philadelphia, a city that is not much better off and The educational achievement gap between rich children and getting worse. poor children in this country has grown greatly over recent After Mount Carmel High I got a college degree, not of decades and continues to grow. the fine, expensive variety, but a good, reasonably priced I graduated from Mount Carmel High when it was able to one from the state school nearest town. I took that credential give me a chance. My two children attended and graduated to Frankford High School in Philadelphia where I student- from Philadelphia schools that gave them a chance. taught. I substitute-taught for a year or two after that while Because of the lack of adequate funding, Mount Carmel, trying other things. I never made teaching my life’s work but Philadelphia and poor school districts throughout the I learned the value of education and the incredible importance Commonwealth are no longer able to provide their students a of trying to do it properly. chance for a decent, fair start in life. This is a terrible thing for I fear that students have less of a chance today than I did the future; for them and for us all. and less than my children did. One big reason is the way we fund our schools, or fail to, based upon real estate values Michael J. Carroll ([email protected]), a public and property taxes. The result is that we have extremely interest attorney, is a member of the Editorial Board of The well-funded schools in affluent areas of Pennsylvania and Philadelphia Lawyer.

28 the philadelphia lawyer Winter 2016

Dear Philadelphia Bar Association Member:! ! Your membership dues are the lifeblood of our Association, and we ask that you renew your membership. Over the course of the next year, the Association will roll out additional programs to increase the value of your membership dollars without increasing your dues.

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Please call Andrea Morris-Tracey, our member services manager, at 215-238-6313 if you have any questions about your membership. We look forward to your continued membership and welcome your ideas and suggestions on ways to improve our work. Wishing you and your families a safe and happy holiday season.

Sincerely,

Gaetan J. Alfano Deborah R. Gross Mary F. Platt 2016 Chancellor 2016 Chancellor-Elect 2016 Vice Chancellor

FAMILY SECRETS

By Daniel J. Siegel

amily secrets. Every family has them, those stories that only the select few know. It could be about an Fostracized relative, or one who spent or is spending time behind bars, or something worse. On the other hand, we all probably have other secrets that are not really secrets, they are more aptly described as untold stories we had hoped more people knew.

Certainly my family is no was in college. He was ashamed exception. I have written, for of that secret, yet now that I – and example, about my sister Marsha, so many others – know it, we can who was one of the models for the only wonder why. famous “Coppertone girl” logo. My dad, Bert, was born in And my family has other stories. North Philadelphia in 1917, the My father had a secret so secret son of immigrants who ran a that he never even told me until I corner grocery store. Like so

PHOTOS COURTESY of Daniel J. Siegel When I learned of his limitation, Dad was nearing retirement, and had already transitioned from being a full-time family dentist to being a part-time dentist and full-time member of the faculty at Temple Dental School. Of course, no one at the dental school knew about his hand. God forbid!

many children at that time, Dad was delivered by a midwife. Dad never told me about his hand until I was in college. Apparently something went wrong. No one knows what Why he eventually told me was unclear, but I still remember happened. The result is the reason for this story. how ashamed he seemed of this result of his birth, and I never It seems that from birth, my dad, who was right-handed, could fathom the reason. He was a caring and gentle man, who could not move the middle, ring and pinky fingers on that was loved by his family, friends and patients and, despite his hand. He could not even straighten those fingers, and was left embarrassment, no one would have thought less of him if they with three permanently “curved” and “crippled” fingers. As a had known about his fingers. result, he could not wear gloves or shuffle a deck of cards, and When I learned of his limitation, Dad was nearing retirement, he hated to shake hands because the other person might notice and had already transitioned from being a full-time family that Dad’s hand was mostly curled up. dentist to being a part-time dentist and full-time member of Dad never knew how to use his hand any other way. Instead, the faculty at Temple Dental School. Of course, no one at the he just took for granted that he was born “that way,” and went dental school knew about his hand. God forbid! about his business. It simply never occurred to him that his Eventually Dad retired and needed a hobby. After all, if he hand was or would be a problem. did not have a hobby, my mom would have “killed” him. So Although he was a math whiz, and had thought about Dad, who used to make jewelry from scrap gold, decided to do becoming a teacher, my father decided to be a dentist, realizing sculpture, and began to take courses at the local adult school, that the quotas so common in the 1930s would likely preclude and also at a local evening art school. His sculpture was his acceptance into medical school. He was accepted into superb. What Dad accomplished with two fingers and a brick Temple University School of Dentistry, going to school and of clay, most of us could never do with five healthy fingers. helping in the store when he could. Yes, this man who could Dad created numerous pieces. While some were modern, only use his thumb and forefinger on his dominant hand had most were busts. Some were busts of people’s heads, and decided to become a dentist – a career that required manual others were, shall we say, busts of busts. There was no doubt dexterity. that Dad loved the female form. And a dentist he became. Dad was an excellent student, Dad was prolific, and my parents’ house was filled with his did quite well in dental school, and no one noticed or knew creations, many of which were comparable to the works of about his “secret.” He graduated in 1941 and went into private professionals. He was proud of his work, but never shared the practice just one block from the corner where he was born fact that he accomplished these results with two fingers. and raised. He was the neighborhood kid who became the In 2001, at age 83, Dad left us after a short illness. But he neighborhood dentist, and no one had a clue about his secret. never really left us, because his sculpture remained, and it This was also during World War II, when most men my filled my childhood home, and remained very much a living dad’s age either enlisted or were drafted. Dad, despite being tribute to him. My mom never learned to live without her dear engaged to my mother, and despite starting his career, was no Bert and passed away three years later, and was even buried different. He wanted to fight in the war. But it was not to be. on Dad’s Yahrzeit, the anniversary of a person’s death on the To fight, or to be accepted into the military, a soldier had to Jewish calendar. be able to fire a rifle. If you can not use your three fingers you Dad remains with us. My home and my office are filled with can not fire a rifle or pistol; and you can not join your friends many of his finest works. When you walk into my home, and classmates in the military. Dad was rejected, and made Dad’s two best pieces greet you. They are two busts so real excuses. He never explained, however, that his hand was the you expect them to begin speaking. And because Dad was problem. a diehard sports fan (especially baseball), it hardly seems After being excluded from the military, Dad continued coincidental that one sculpture looks like Phillies Hall of Fame practicing dentistry and raising our family. His hand was player and announcer Richie Ashburn. Of course, another of merely an irrelevance. He was a supremely gentle dentist, his best pieces looks as if Phillies Hall of Fame third baseman whose touch was so light that when patients closed their Mike Schmidt sat for it. eyes, they would not even realize he was caring for them. I Many more pieces are still on display throughout my home cannot remember any patient complaining about the care they and my office. While I have not brought the “busts” to work – received. Patients loved my dad and never had an inkling that after all, naked breasts might raise some questions – I regularly he filled their teeth, cleaned their teeth, and did all the other receive compliments about the sculpture, with clients and things dentists did, all with just two fingers. others regularly asking who is the artist who created these

32 the philadelphia lawyer Winter 2016 Dr. Bert Siegel beautiful works. limitations, maybe not as unusual as Dad’s, but they are there, Until his death, Dad refused to tell anyone about his hand. I and it is far better that we all address those limitations and still remember one night when Dad was playing in his monthly make the most of them. Dad’s patients never knew, and never poker game, which included some doctors and dentists. One of cared, that he took care of them with “only” two fingers. the players, an orthopedic surgeon, watched as Dad shuffled While it took nearly 20 years, I am glad that he didn’t take the cards with his unorthodox “sidearm” style. He called my this “family secret” to his grave. To me, that secret is an even father aside, explained that he noticed my Dad’s hand, and bigger reason to enjoy and appreciate Dad’s artistic talents. even offered a diagnosis. Dad thanked him and asked that he never mention his hand again. Nothing more was ever said. Daniel J. Siegel, ([email protected]), principal of the Law Dad left us more than a decade ago, yet I remain so proud Offices of Daniel J. Siegel, is a member of the Editorial Board of that I can tell the world how much he was able to accomplish The Philadelphia Lawyer, and the author of Changing Law Firms: with two fingers, and that he was able to leave so many pieces Ethical Guidance for Pennsylvania Law Firms and Attorneys of himself for me and my family to share. Everyone has some (PBI, 2nd Ed., 2015).

the philadelphia lawyer Winter 2016 33 ON SERVICE

By M. Kelly Tillery

y son, Alexander, turned 18 years old in 2012. He is handsome, lean, 6 feet 4 inches tall, bright and M strong. After working out recently on a cruise, a lady with a room near us observed, “He must eat hand grenades for breakfast.” Yes, he is an impressive specimen of young manhood. He would make an excellent soldier.

Within 30 days of his 18th in several decisions beginning with birthday, he was required by the Butler v. Perry, 240 U.S. 328 (1916). 1980 Registration Under Military The Confederacy was the first to Selective Service Act to register pioneer modern conscription on with the Selective Service System. this continent on April 16, 1862, If he had not registered, he would followed shortly thereafter by the be denied access to federal student Union on Aug. 4, 1862. In 1981, the loans and grants, job training, some Supreme Court upheld the “female government jobs and in some states exemption,” holding that since the a driver’s license. My daughter, Erin, purpose of the law was to prepare for turned 18 years old this year. She a draft of “combat troops” and since did not have to register. My other women were excluded from combat, daughter Kate, will turn 18 years there was a “rational Congressional old in two years and, like Erin, will basis” (an oxymoron?) for the not have to do so, unless the law is different treatment of women changed or found unconstitutional. (Rostker v. Goldberg, 435 U.S. 57). The constitutionality of The 9th Circuit Court of Appeals conscription, based on Article is presently considering a new I, Section 8, Clause 17 of the constitutional challenge to this Constitution, has repeatedly been exception in National Coalition For upheld by the U.S. Supreme Court Men v. Selective Service System.

34 the philadelphia lawyer Winter 2016 PHOTOS COURTESY OF M. Kelly Tillery Photo of Allen J. Tillery, U.S.M.C. 1943, M. Kelly Tillery's draft card remnants and Milton Jared Tillery biography. Philadelphia area for more than 30 years, but only recently visited George Washington’s 1777-78 headquarters at Valley Forge, where I made a fascinating discovery. I knew that my great, great, great, great, great grandfather, Henry Tillery (1725-1795) and his son, my great, great, great, great grandfather, Joshua Tillery (1745-1820) of Culpepper County, Va., both fought the British in The Revolutionary War and were recognized for “Public Service Claims,” entitling my progeny and me to Sons of (SAR) or Daughters of The American Revolution (DAR) status. What I did not know is that another Tillery, their cousin, Lt. John Tillery, of North Carolina, served in Washington’s Continental Army and was camped with him that bitter winter, not 25 yards from the great general’s headquarters. The thought that one member of my bloodline had been so close to, and no doubt saw and perhaps even met, the father Allen J. Tillery, age 90 and M. Kelly Tillery, age 60. of our country sent shivers down my spine. Known in family lore as “Revolutionary John,” John Tillery served in the 3rd North Carolina Infantry under Col. Jethro Sumner, part of Only a few days before that court heard oral argument recently, McIntosh’s brigade lead by Brig. Gen. Lachlan McIntosh, a the Department of Defense announced that after studying the close confidante of Washington, and part of his 3rd Division issue for three years, all positions in the U.S. military would under the then 20-year-old Gilbert du Motier, otherwise be open to women, including combat, no exceptions. The known as the Marquis de Lafayette. Washington, Lafayette Supreme Court’s “rationale” in Rostker thus no longer exists. and Tillery. This could not get any better for an old history I fully expect the 9th Circuit to find the Selective Service buff! “female exception” unconstitutional. Drawing upon this association a century later, my great It is my fervent hope that none of my offspring ever have grandfather Tillery had a younger half-brother named to serve in the military. That is not meant as any negative Goodwin Lafayette Tillery who served in the Confederate reflection on the brave men and women who serve or have Army, Alabama 23rd Infantry, Co. I. Uncle Goodwin, as my served in or on our military services themselves, but rather father knew him, reportedly carried cannonballs to Rebel just me being a protective parent. In fact, virtually every batteries up Lookout Mountain at the battle of the same name male in my family from my father, Allen J. Tillery, a Marine (Nov. 24, 1863). Later known affectionately as “Old Coot,” in World War II, going back to my great, great, great, great, Uncle Goodwin attended one of the last great gatherings of great grandfather, Henry Tillery, in Washington’s Continental Confederate Civil War veterans in Shreveport, La. in 1939. Army, has served proudly. I am neither proud nor ashamed My father, who would go to war himself only four years later, that I have never served my country, but now regret that I did rode in a parade with the old, bearded vet as other old men who not. That is a strange statement from a graduate of Quaker had once been slaves looked on silently from the roadside. Swarthmore College, a place Nixon derisively called the DEUTSCHLAND UBER ALLES “Kremlin On the Crum.” It is not that I had or have any great desire to shoot or be shot at, but if paying taxes counts as Although I know little of the military exploits, if any, of my service, I have more than paid my dues. However, I regret maternal ancestors, I do know that my mother’s father, my two things — missing the discipline and character-building grandfather, Irvin Joseph George Janssen, of pure Teutonic provided only by military service and not having given my heritage, fought against his own people, Le Boche, in France time, blood, sweat and tears for a nation that has given me and as part of the U.S. Army Air Corps in World War I. While in my family so much. later years he claimed to have engaged Baron von Richtofen, I actually did serve our Commander in Chief twice, — in The Red Baron, in dog fights, official records reflect that he 1972, as a youth consultant for President Nixon’s National only repaired and maintained the flying machines of some Commission on Marijuana and Drug Abuse and in 1978, as a who may have. law clerk in the U.S. Army Claims Service. In the end, though, The only other maternal forbear of whom I know, also a advising on recreational drug use and evaluating servicemen’s Hun, had quite a different ‘military’ experience. Family lore claims for damaged household goods hardly count as has it that Frederick David Becker (1849-1905), my great “service.” A friend jokes that I served honorably in the Sexual grandfather, emigrated to New Orleans in the late 1860s to Revolution; you know, that period between the invention of avoid the draft of the Iron Chancellor, Otto von Bismarck, the “pill” (1960) and the appearance of AIDS (1981). But such who was then consolidating modern Germany and crushing humor does a disservice to those who served, including many the French at Sedan in the brief, and ill-conceived (at least for of my forebears. the French), Franco – Prussian War (1870-71). CONTINENTAL Curiously, one of the few items Frederick David brought with him on his long journey to the Crescent City, besides his I am a history buff who has lived in the metropolitan cigar-making tools, was a small bust of Bismarck. It sat on

36 the philadelphia lawyer Winter 2016 In 1972, as I turned 18 years old, there was still a real draft, we still had 24,000 troops in Vietnam, and I was issued a draft lottery number. My older brother had already had one for two years. my grandmother’s and, later, my mother’s mantle for years and I always admired it and appreciated its irony. It inspired my first college history paper titled “Otto Von Bismarck and the Constitution of the North German Confederation” (1972) and my mother gave it to me as a law school graduation gift in 1979. It has a prominent place in my home today – a symbol of one man’s determination to avoid the idiocy of war. “WINNING” THE LOTTERY

It also reminds me of my own brush with the possibility of involuntary induction. In 1972, as I turned 18 years old, there was still a real draft, we still had 24,000 troops in Vietnam, and I was issued a draft lottery number. My older brother had already had one for two years. Fortunately, we both had high numbers, and Henry Kissinger, pre-election, had announced “peace is at hand,” however disingenuously. As it turned out, I was in jeopardy for only a few months, as on Jan. 27, 1973, Secretary of Defense Melvin R. Laird announced the end of the draft and the creation of all-volunteer armed services. “O CANADA!”

Although none in our household supported this war, my father, who had served bravely in the U.S. Marine Corps for 2.5 years in the South Pacific in World War II, was adamant that if our country called, it was our duty to serve, even if it meant going to Vietnam. My mother, on the other hand, was equally adamant that if we were called, she was going to follow her grandfather Frederick David’s tradition of resisting cavalry unit, known as the W.P. Lane Rangers. The exploits of tyrants and take us to Canada. If I had been forced to emigrate his unit are painstakingly recorded in an often cited work of to The Great White North, I am certain I would not have taken one of his comrades, William Williston Heartsill, in “Fourteen a bust of Tricky Dick. Perhaps a bobble head. Hundred And Ninety One Days In The Confederate Army” Fortunately, even though “peace” was still three long and (1867-Original Handpress; 1954, McCowat-Mercer Press; painful years away, we were de-escalating and the clash 1992, Broadfoot Publishing). of parental philosophies never had to be resolved. I was Private Tillery and his unit were captured by the forces of particularly pleased since both parents, to this day, say it is the Gen. John A. McClernand, part of Gen. William Tecumseh one issue that could have broken their marriage. And I really Sherman’s army, on Jan. 12, 1863 at the Battle of Arkansas do not understand ice hockey. In New Orleans we put ice in Post. He and 4,000 Confederates repulsed 60,000 Yankees our mint juleps; we did not skate on it. on six frontal assaults succumbing to their overwhelming My father’s older brother, James Henry Tillery, Jr. (1920- numbers only on the seventh. 1991), also a Marine, served with President Roosevelt’s son, The Rangers were taken prisoner and shipped north to James, in Carlson’s Raiders, the famous “Gung Ho” unit Camp Butler, Ill., for internment. But on April 7, 1863, they which made the first U.S. land attack on Japanese forces at were transported to City Point, Va., for a prisoner exchange. Makin Atoll in August 1942. Although their father, James On April 14, 1863, Milton Jared was exchanged for a Federal H. Tillery Sr. (1888-1952), never served in the military, he prisoner and was once again a free man. After a short stint provided valuable public service as “Captain Jim,” a fire at Chancellorsville, one in Gen. Braxton Bragg’s Army and captain in Shreveport, La., for many years. medical leave in Atlanta, Pvt. Tillery, Pvt. James W. Young “CONFEDERATES IN MY ATTIC” and Sgt. James M. Vaughn decide to take “French leave” and return to their old unit. His father, however, Milton Jared Tillery (1834-1909) On their trek home, on May 6, 1863, Milton Jared and his served 1,491 days in the Confederate Army in a storied Texas confreres slept in the hallways of the Virginia State Capitol

the philadelphia lawyer Winter 2016 37 M. Kelly Tillery at Gettysburg with the "Tillery Brigade"

in Richmond designed by Thomas Jefferson, just as Lincoln, Anthony Wayne’s decisive victory at the Battle of Fallen only 106 miles away in the War Department Telegraph Office Timbers. received the news that Lee had decisively defeated Hooker at MORE THAN ONE WAY TO SERVE Chancellorsville and cried, “My God! My God! What will the country say?! What will the country say?!” Less than I am beginning to feel like Lieutenant Dan in “Forrest two years later on April 4, 1865, Lincoln would enter the Gump,” albeit with forebears who fought, but survived their Confederate Capital triumphantly and sit at Jefferson Davis’s service. With my heritage one might expect more desire desk. to serve and to require others to do so. While that ship has Milton Jared and the Arkansas Post Boys hurried to the sailed for me, I do favor a national, without exception (other outskirts of Richmond to stop Stoneman’s raid and to hold than real physical/mental disability), two-year public service off any of Hooker’s troops if they got past Gen. Robert E. requirement in either the military or other public service such Lee. Lee made sure they did not, but sadly lost his right arm, as AmeriCorps. Requiring such service anytime between Stonewall Jackson, in the fight. 18 and 25 years old would provide jobs, man power, pride, After walking 736 miles (a particular indignity for a cavalry discipline, honor and an investment. William James first soldier), they reported back to the W.P. Lane Rangers, then, proposed a program of compulsory national service in his ironically, guarding Federal prisoners at Camp Ford in Tyler, 1916 essay titled “The Moral Equivalent of War.” Time Texas. magazine proposed such a national service system in 2008, Gen. U.S. Grant disfavored prisoner exchanges for just this and New York Times columnist David Brooks only recently reason — the Confederacy had fewer military-age men and to proposed one. return them to fight again seemed absurd. Milton Jared was Korean War Veteran Congressman Charles Rangel (D-N.Y.) one of the last Confederate soldiers exchanged. Just six weeks has introduced a Universal National Service Act several times, later, on May 25, 1863, Lincoln stopped such exchanges most recently in 2010. It was voted on only once and defeated because the Confederacy refused to exchange black Federal in the House, 400-2. soldiers. Milton Jared got out in the nick of time. In 21 years, AmeriCorps, the nation’s main public service Although the Rangers saw a little more action, they were program, has given almost one million young people the disbanded on May 20, 1865 at Sterling, Texas, after hearing that opportunity to serve without joining the military, though its Confederate forces under Gen. Joe Johnston had surrendered. funding has repeatedly been cut in recent years. Actually, the last intact Confederate army, the 43,000-man In the political thriller film titled “The Ides of March,” force of Gen. Edmund Kirby Smith, surrendered six days Ryan Gosling advises candidate George Clooney to push a later on May 26, 1865, 188 miles away in Shreveport, La., mandatory youth national service program, arguing that those where my father would be born 60 years later. I was amused who would serve cannot yet vote and that those who would in 1970 when my brother, a new freshman at Louisiana State benefit would be too old to qualify — a perfect political University, moved into a dormitory named for this Rebel program! general — Kirby Smith Hall. I would have my son and daughters sign up with honor, to Milton Jared returned to Panola County, Texas, homesteaded such a program on their 18th birthdays. After all, they will not 625 acres and never spoke of his Civil War experiences. His be able to vote until the day they would be required to serve. personal copy of Heartsill’s book was found among his effects And they say you cannot control your teenagers. upon his death in 1909. Six of his eight brothers fought for the same cause, as did M. Kelly Tillery ([email protected]) is a partner in the almost 100 other Tillery relatives. Their grandfather, William Intellectual Property Department of Pepper Hamilton LLP and a Henry Tillery (1773-1813) of Putnam County, Ga., was a member of The Editorial Board of The Philadelphia Lawyer. veteran of the Northwest Indian War (1785-1795), a war brought to an end by local Pennsylvania hero, Gen. “Mad”

38 the philadelphia lawyer Winter 2016 THE RELUCTANT WITNESS ANNALS OF JUSTICE

By Steve LaCheen

ometime in early 1968, I received a letter mailed from correspondent. He was younger, apparently well brought up, neat and clean in appearance, Moyamensing Prison, also known as “Moko,” the and reasonably well spoken for someone with Philadelphia County prison then located at Passyunk the limited formal education he had received. S At the remove of more than 45 years, I no Avenue and Reed Street. The writer identified himself as longer remember the offense for which he Anthony Marshall. Unlike most letters from “behind the was incarcerated - whether it was a pending charge, or violation of probation, or some wall,” this one did not begin and end with protestations of other of the many infractions for which people innocence. The writer’s plea, compelling in its simplicity, were more readily locked up (or locked down) back then. Whatever it was, however, was read: “Please come see me. I need your help.” not the reason he had sought my help. It was for an entirely different and, for me, a totally I felt compelled to respond, and I arranged a visit for the unexpected problem. following day. Marshall had, during his stay at Moko, been interviewed I cannot even begin to describe “Moko.” I doubt that it by county detectives, during which he had given a statement had changed in the 150 years since it was built. Every time involving an accusation against another inmate. What I visited an inmate behind its castellated Gothic towers and Marshall remembered telling the detectives was that the battlements, I felt as if I had traveled in time back to the day fellow inmate, who was accused of committing a murder for in 1835 it opened as “New County Prison.” Research indicates hire, had promised Marshall $10,000 to confess to committing that each cell was nine feet by 13 feet, with an arched opening, the murder. The apparent purpose, of course, was to parade oak plank flooring, a wooden door with iron plating on the before the jury Marshall’s confession; that, even though false, interior side; and a water closet with hydrant. I admit doubt would confuse the jury, or at least one juror, that there was a about the accuracy of my memory, but it is my recollection reasonable doubt, that would prevent juror unanimity needed that I actually visited Marshall inside his cell, which I had to to support a guilty verdict. bend down to enter through a low door. The prosecution, on the other hand, having somehow In person, Marshall was as different from my usual discovered the plot, had interviewed Marshall and now wanted visitee as his letter had been different from my usual prison to have him testify for the Commonwealth about the proposed

the philadelphia lawyer Winter 2016 39 plan, as evidence of guilt on the part of the defendant in the supervisory positions in the office. murder case. “Just what do you think you’re doing!?” was the greeting Marshall had placed himself squarely on the proverbial I received. And that was probably the most polite remark horns of a dilemma. He did not want to testify for the directed to me during an excruciating hour of diatribe directed Commonwealth against someone who was not only already at my “obstruction of justice,” spiced at several stations along accused of murder, but whose brother had a reputation for the way with threats of disciplinary action and sanctions uncontrollable violence such that he was known far and wide falling only a little short of being drawn and quartered. The by the nickname “Mad Dog.” Marshall was no less reluctant “interview” ended with a command that my client had better to deny that he had participated in a plan to commit perjury, testify, and testify fully, “or else.” I was told the meeting was because testimony so disappointing to the district attorney over, and that I should give serious consideration to what I had would undoubtedly be rewarded with a charge of perjury; and, been told. I left with the admonition to ponder exactly what even without such testimony, with a charge of obstruction of was encompassed by the alternative “or else.” justice. I was a single practitioner at the time, and did not feel The solution to Marshall’s quandary seemed simple enough: comfortable discussing the matter with anyone else, for fear He could refuse to testify by invoking his privilege against of making some disclosure that would somehow constitute self-incrimination, and thereby a waiver of my client’s avoid the precipice on either confidences. It did not occur side of the narrow road on to me that I could myself seek which he had stranded himself. Marshall had placed advice by availing myself of the The only problem, which attorney-client privilege. I felt I I had failed to grasp at the himself squarely on the was on my own. beginning of our conversation, proverbial horns of a So, I retreated to basics. I was that the trial of the murder reviewed again, and again, case was already in progress, dilemma. He did not exactly what I had been told, and Marshall expected to be both by my client, and by the called as a witness within the want to testify for the first assistant, and pondered next day or two. Commonwealth against whether I was over-dramatizing I returned to my office and my situation (because I really immediately did the research someone who was not did not know exactly what necessary to find support for “or else” meant). I felt this the position I was going to only already accused of was the first real test of my espouse on my client’s behalf. commitment to the principles Then, comfortable that I had murder, but whose brother which made me choose the law that aspect of the matter under had a reputation for as my profession in the first control, I dictated a letter to place. If this was my Rubicon, the assistant district attorney uncontrollable violence I intended to cross it, no matter trying the case, advising of my how scared I was of what the representation of the witness such that he was known far consequences might be. who was now a non-witness. I showed up in court the next Because of the time constraints, and wide by the nickname morning after seeing my client I had the letter hand-delivered. “Mad Dog.” in the sheriff’s cell room on Within the hour, I received the seventh floor of City Hall, a telephone call - actually my and confirmed his commitment secretary took the call - leaving to silence. The case was being me a directive to appear “forthwith” at the office of the first tried in one of the larger courtrooms, in the center of the assistant district attorney, a person regarded in equal parts for building, resplendent with the fixtures and furnishings of what the strength of his legal ability and courtroom command as was even then a bygone era, the bar of the court a half-block for the relentlessness with which he exercised those strengths. away from the elevated bench from which the judge presided Such summons from the first assistant could not be ignored; over the proceedings. and I hastened to comply. Within the quarter-hour, I presented I sat there, throughout the morning proceedings. No one myself at the designated office and was assigned a seat in the spoke to me; neither the two attorneys representing the waiting room, where I was made to wait long enough for me defendant, who were both among the most well-known and to realize that being put “on hold” so long was part of the highly respected members of the defense bar; nor the assistant intimidation I expected to encounter. district attorney trying the case, who did, however, manage My belief in that regard was borne out by the fact that, when to glare at me from time to time; nor the court crier, until he I was finally ushered into the inner sanctum, I was confronted declared “Court adjourned until 2 p.m.,” and I was told to not only by the first assistant, standing behind his enormous return promptly at 1:45 p.m. desk, but by the assistant district attorney actually trying the I showed up as directed and there was no one in the courtroom case, and several other assistant district attorneys holding but court personnel and trial counsel. As soon as I entered the

40 the philadelphia lawyer Winter 2016 courtroom, the crier directed that the door be locked so the differently from his statement, then he lied to us.” public could not enter. For obvious reasons (which had not “So what you are saying,” asked the judge, posing what I felt previously been obvious to me), this was to be an in camera was a rhetorical question, “is that he has no alternative but to proceeding. Nonetheless, the locking of the courtroom door testify in accordance with the statement he gave previously?” sent a shiver down my spine. Was it also intended, I wondered, “Well,” began the prosecutor... to insure against my “escape?” But the judge interrupted him, “It sounds like the witness My client was not in the courtroom. I knew he was in the has no alternative...” building; I had seen him earlier. And then, I noticed someone “None but to tell the truth,” interrupted the prosecutor. who was. The first assistant had entered the courtroom without “Whose truth would that be?” was the rejoinder from the my having observed his doing so. As I was considering bench. “Our system does not permit such a Hobson’s Choice,” whether I was suffering from hysterical blindness, the judge, said the judge. “This court adopts the position presented by who had somehow ascended the bench while I was wool- counsel for the witness. The witness is excused.” gathering, spoke. “But, Your Honor,” began the first assistant, “I...” “Counsel, approach the bench and identify yourself.” “This has nothing to do with you,” said the judge. “This I did so. isn’t personal, and neither your personal feelings, nor mine “And you are representing whom?” for that matter, trump the rule of law. The subpoena is quashed I said I was representing someone subpoenaed by the and the witness is excused.” prosecution. Then, as though just remembering, and barely, he looked “Does he have a name?” in my direction, and through gritted teeth said, “That’s all, “Yes, Your Honor,” I said, identifying counselor. You are excused.” my client. I gathered up my briefcase, and left “And what is the problem?” the courtroom to give my client the I should interject here that the news. judge presiding over this trial had the About a week later, the morning reputation of leaning more than a little paper noted that the defendant was in the direction of the Commonwealth, “This isn’t personal, acquitted. and being a harsh sentencer, and, even and neither your It was almost 20 years, and more more to the point of my situation, than a decade after he went into considerably less temperate after lunch personal feelings, practice as a defense attorney, before than before. I had any occasion to speak to the first “Well,...” I said, not knowing exactly nor mine for that assistant again (parenthetically, it was where to begin, and exactly how much to seek his opinion and advice on an I could disclose. matter, trump the ethical issue). Long before that, within “Well, what, counselor?” the judge rule of law.” a half-dozen years of the trial, one of interrupted. At that point, the first the attorneys who had represented assistant stood up, as if to interrupt. Mad Dog’s brother had been appointed “Excuse me,” I said. “Your Honor to the bench. I eventually appeared addressed that question to me, and I before him, representing a defendant am prepared to answer it.” charged with murder, on whose “I will hear you,” said the judge to behalf I filed a motion to suppress a me, waving the prosecutor to silence. “confession” which my client claimed he never made. After At that point, I started to explain that my client intended to an extended hearing, the judge found the detective’s version invoke his privilege against self-incrimination, but the judge of my client’s supposed statement incredible, and granted the interrupted. motion to suppress; without that the Commonwealth had no “Well, he won’t have a problem as long as he tells the truth evidence, and moved to dismiss the charges. when he’s on the stand.” And, a year later, that client killed someone else in a street I knew that the judge was right, that my client’s testimony, if fight. immunized, could not be used against him in a later proceeding; I never heard from Anthony Marshall or Mad Dog’s brother but I also knew that, whatever the truth, he would never testify again. As for Mad Dog, he eventually went to prison following that he had been offered a bribe by the defendant. And, if a conviction for committing an arson for hire. Shortly after he would testify that no such bribe offer had been made, he completion of his sentence for that offense, he was involved in would be prosecuted for perjury based on the theory that his a fatal motor vehicle accident. earlier statement had been true and that his trial testimony was “Moko” was razed later in 1968. All that remains of the false - and, therefore, not immunized. prison today is a low, heavy masonry stone wall along Reed I was trying to form the words to convey that to the judge, Street in front of an ACME supermarket. without making more of an admission than I had to when the first assistant unintentionally came to my rescue. Steve LaCheen ([email protected]), a partner with “Your Honor,” he said, “If he testifies in accordance with LaCheen, Wittels & Greenberg, is a member of the Editorial what he told us before, no problem; but if he testifies any Board of The Philadelphia Lawyer.

the philadelphia lawyer Winter 2016 41 TTeecchhnnololooggyy Streamlined LinkedIn Profiles Five Steps to Create and Curate Your LinkedIn Profile to Meet Your Career Goals

BY DANIEL J. SIEGEL

inkedIn has become the default marketing website for lawyers. According to L Allison Shields, co-author of “LinkedIn in One Hour for Lawyers,” “It’s hard to discuss online marketing for lawyers and not mention LinkedIn [because] LinkedIn is one of the online marketing tools that lawyers seem to fear the least.” This article will offer tips to maximize your presence and put your LinkedIn connections to work for you. First, let us provide a bit more background about LinkedIn (http:// www.linkedin.com/). LinkedIn is a social networking website designed for business people. It has an estimated 296 million members, and is the largest professional online network. Registered members of LinkedIn provide a profile page, essentially an online business card, and create networks of people they know and trust professionally. A LinkedIn member’s profile page includes a summary of the member’s expertise, the locations where they are based, employment history, education, skills (professional expertise) and endorsements. Although there are constraints on what information a Pennsylvania lawyer may ethically post on LinkedIn, this article will focus on For Attorneys Using Social Media*), of by location, field of expertise and skill using the site. To understand the ethical which I was a primary author. level. You can find other lawyers, claims constraints, Pennsylvania lawyers LinkedIn members can connect with managers or even alumni from your should review the Pennsylvania Bar friends or colleagues or meet new college or law school. You can also join Association Committee on Legal Ethics associates. To assist, LinkedIn allows groups with similar interests. There are and Professional Responsibility Formal you to search for people or companies numerous options; all you have to do is Opinion 2014-300 (Ethical Obligations

42 the philadelphia lawyer Winter 2016 Tech BRIEFS When creating your profile, know what your Mobile Justice PA goal is. If you are trying to get a job, then The ACLU of Pennsylvania recently launched its free Mobile Justice PA you may seek to attract law firm recruiters app for iOS and Android. The Mobile Justice PA app gives users the ability and hiring directors, or human resources to record, and upload to the ACLU-PA, cell phone videos of public interactions departments at specific types of companies. with law enforcement. Videos captured will automatically be transmitted to the ACLU-PA and preserved, even if the device used to capture the video is destroyed or explore a bit. what your goal is. If you are trying to get seized or the video itself Now, let us discuss how to maximize a job, then you may seek to attract law is deleted. Its functions include the ability to LinkedIn. firm recruiters and hiring directors, or record any exchanges FIRST, HAVE A GOAL human resources departments at specific with law enforcement, FOR USING LINKEDIN types of companies. On the other hand, a “witness” alert that Just as lawyers have a goal at if your goal is to increase your book of pings anyone else with the app to come to the deposition, or when crafting a contact, clients, you should create a profile that will interest the specific clients you location and document so should you have a goal for using the exchange, the LinkedIn. For some lawyers, that means desire. Take the time to identify your ability to complete an searching for employment. For others, potential audience, and consider the type incident report to submit it may be to seek out alliances, called of lawyer they are seeking. Consider the directly to the ACLU- “connections” on LinkedIn, to help you search terms they might use to find you PA for review and a on LinkedIn, and create and edit your “know your rights” increase your client base. Or, if your section that provides an overview of practice focuses on a particular industry, profile with this information in mind. Consider Aaron Gray, a real estate individuals’ rights when stopped by law you might use LinkedIn to connect with enforcement. key persons and build your relationships. salesperson in Elkins Park, Pa. Instead Or, your purpose could be to create a of listing his current job as “realtor,” Mobile Justice PA is intended for use by web presence in addition to your firm’s he titles his basic job description (the bystanders. If individuals involved in an first line of content you see in the list exchange with law enforcement want to website. Depending upon the purpose or use it, ACLU-PA asks that those users purposes for which you choose to use generated after a search for “realtors”) with “I rise before the sun, and I get the announce they are reaching for their cell LinkedIn, you will focus your efforts phone and only use it in public settings. accordingly. job done.” As of Nov. 18, 2015, there The app was also launched in nine For example, if you are using LinkedIn were 32,212 results when you search other states including Arizona, Georgia, to seek clients, your profile should for “lawyer” on LinkedIn. It’s important Maryland, Minnesota, New Jersey, provide information that will encourage to try not to look like the other 32,211 New Mexico, Oklahoma, Virginia and listings. Washington, D.C. It is already being potential clients to learn more about you. used in California, Colorado, Missouri, Paul H. Simon, a social media content THIRD, FILL IN ALL New York and Oregon. manager, has an engaging LinkedIn OF THE BLANKS “summary” (https://www.linkedin.com/ While adding awards, community in/paulhsimon) that begins, “No one is activities and other information may good at everything. As much as you may seem excessive or unnecessary, this Law Dictionary be in command of your core offering, information matters and can differentiate For a quick reference guide for defining chances are your messaging or online you from other lawyers. For example, if legal terms, download TheLaw.com’s community engagement activities don’t your clients (or potential clients) expect free Law Dictionary & Guide app for quite make the grade. Not a great writer you to belong to certain associations, iOS and Android. Through the Law or editor for your own materials? You're then be sure that those associations are Dictionary & Guide users can look up certainly not alone. This is my passion included on your profile. legal terms, bookmark favorites and and my greatest strength, and I can make Also, because LinkedIn profiles access TheLaw.com. It offers more than 14,000 legal entries and more than 600 sure you get through to your readers.” A include a variety of optional sections, legal abbreviations and legal maxims lawyer’s message should demonstrate you should choose sections to add to (U.S.-based). It has a simple interface their area of practice while explaining your profile that support your purpose. and by giving users access to TheLaw. why they are different from the many LinkedIn includes numerous sections, com, they can find legal forms, the law other lawyers offering similar services. including “language,” “volunteering journal, get case reviews or look for lawyers. SECOND, KNOW YOUR AUDIENCE experience,” “organizations,” “honors When creating your profile, know & awards,” “courses,” “certifications” and “publications.” If you want to

the philadelphia lawyer Winter 2016 43 LinkedIn is used by legal recruiters, industry professionals and others, and it is critical that you maintain your profile and keep it current. Otherwise, you might lose that ideal client or miss out on your dream job.

build your reputation in your practice LinkedIn is used by legal recruiters, LinkedIn is in participating on a regular area, consider including a publications industry professionals and others, and it basis though group discussions, posting section that highlights the articles you is critical that you maintain your profile updates, sharing, liking and commenting have authored. Take note, if you handle and keep it current. Otherwise, you on others’ posts and updates, or by real estate matters, most lawyers seeking might lose that ideal client or miss out sending individual messages to your clients in that area may be as qualified on your dream job. connections.” When you engage in these as you to handle those types of matters. FIFTH, BUILD A NETWORK activities, you will discover the true But your background volunteering for a AND USE IT value of LinkedIn. local non-profit or publication in certain Updating your profile and making * http://www.pabar.org/members/catalogs/ law journals might set you apart. new connections are ongoing activities Ethics%20Opinions/formal/f2014-300.pdf FOURTH, KEEP YOUR PROFILE in LinkedIn. Over time, you will UP-TO-DATE discover that it does not take long to Daniel J. Siegel ([email protected]), As with any marketing tool, your accomplish these tasks. In most cases, the principal of the Law Offices of Daniel J. LinkedIn profile reflects who you Shields estimates that you can make Siegel and president of Integrated Technology are. As a result, you would likely not any necessary tweaks to your profile Services, LLC, is a member of the editorial consider hiring someone who provided and send quick invitations to connect board of The Philadelphia Lawyer. an outdated resume. Make sure to keep or accept invitations you receive in your LinkedIn profile –your online less than one hour per month. She resume – up-to-date. notes, however, that “the real ‘juice’ of

Coming in Early 2016

Meeting your annual CLE requirement will soon be easier Discover the advantages of Philadelphia Bar Association CLE: than ever before.

The Philadelphia Bar Association - your partner in justice - will serve as a new provider of Continuing Legal Education to CLE doesn’t need to be expensive. Philadelphia Bar Join us at the Philadelphia Bar Association’s centrally Association CLE courses will be reasonably priced for located Conference Center at 1101 Market Street and lawyers across the region in early 2016. all practitioners. Plus, membership has its advantages. - coming soon - at partner locations throughout Center Philadelphia Bar Association members will receive cost- City Philadelphia. We bring CLE to you, in a variety of saving benefits on all courses. learning formats, so that you have more time to serve the needs of your clients. Look to us as your convenient, low-cost provider for CLE programs on the latest issues, legislation and regulations. Take advantage of our full calendar of CLE Look for new and unique CLE courses that will The Association is delighted to welcome Tara D. complement a comprehensive program of practical core Phoenix, our new Director of Continuing Legal courses taught by leaders of the profession subject matter essential to your practice needs. Learn Education, who brings 20 years of experience and from exceptional and diverse faculty. Plus, you’ll be able skill in the adult education and compliance industry to - with a level of quality and service that has to register for CLE courses quickly and easily on our Philadelphia Bar Association CLE. Phoenix and the become a hallmark of America’s first bar newly redesigned Philadelphia Bar Association website, staff of the Philadelphia Bar Association are dedicated launching soon. to bringing quality service and professionalism to the association. delivery of CLE.

For questions regarding Philadelphia Bar Association CLE, contact Tara D. Phoenix, Director of Continuing Legal Education, at 215-238-6349 or [email protected].

44 the philadelphia lawyer Winter 2016 Tech UPDATE

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the philadelphia lawyer Winter 2016 45 BOOK REVIEW By DAVID I. GRUNFELD Emotionally Drained A Pragmatic Guide to Caring for and Avoiding Burnout Caused by Empathy-Based Work

BURNOUT AND SELF-CARE IN SOCIAL WORK Written by SaraKay Smullens 103 pages $34.99, NASW Press, Washington, D.C.

t seems there is a paucity of literature about lawyer burnout. I This book is aimed at social workers and others in the mental health field, but after reading a few chapters, I thought it could just as well be applicable to lawyers. SaraKay Smullens is a well-known local clinical social worker, therapist, educator and writer who begins by telling us how you may love your profession but suffer from frustration, exhaustion, helplessness and fear of failure. She says that this often leads to symptoms of irritability toward clients (and adversaries and judges), disaffection toward spouses and friends, substance abuse and gambling addiction, loss of sleep, susceptibility to illness and depression. The perspectives Smullens advances to help readers recognize they have reached a dangerous level are what she calls compassion fatigue, counter transference and vicarious trauma. Compassion fatigue comes from the you can work on the remedies of “self- personal relationships, getting a pet and chronic use of empathy when dealing care” that comprise the second part of the even changing the focus of your practice. with clients who are suffering in some book. In this way she helps us think outside the way, when having difficulty helping These suggestions are not just touchy- box. them causes stress. Countertransference feely. Smullens tells us how to turn pity The author is very convincing that is the problem of being vulnerable to and sympathy into empathy in order to doing the best you can will help you burnout due to present or past personal establish proper boundaries, and how remain strong and avoid burnout. Many problems of your own, with the need to to turn negative concerns into passion lawyers say they feel like social workers set boundaries. Vicarious trauma can be for your work, even if some of these sometimes anyway. This book is for all similar to post-traumatic stress disorder behaviors are impermanent. of us. arising after the handling of a matter, She suggests getting personal and perhaps not as successfully as wished. organizational support, including David I. Grunfeld (dgrunfeld@astorweiss. You may be too lacking in time and therapy, exploring exercise and other com), of counsel to Astor Weiss Kaplan & energy to realize how far down the path leisure time options, religious and Mandel, LLP, is a member of the Editorial you have gone, but Smullens brings it spiritual associations, sharing with Board of The Philadelphia Lawyer. home with practical examples. Once you supervisors, journaling, trying not to act have acquired this self-actualization, like a social worker (or lawyer) in your

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More Than 800 Hit the Road in Annual Bar Run

Runners race down Martin Luther King Jr. Drive during the May 21 Charity Run. The event raised more than $100,000 for the Support Center for Child Advocates.

Stacy Creamer (172) was the first woman to finish the 5K. Neill Clark raises his hand after finishing first in the 5K run.

48 the philadelphia lawyer Winter 2016

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