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The Monthly Newspaper of the Philadelphia Bar Association Vol. 37, No. 10 October 2008 Sheppard, Liebenberg to Receive Women Bar Honors at Oct. 20 Quarterly Leaders on Role, Future on Oct. 20 n By Jeff Lyons

A panel of women executives from across Philadelphia will discuss the role and future of female leaders at the Associ- ation’s Quarterly Meeting and Luncheon on Monday, Oct. 20. Moderated by CBS-TV 3’s evening weekend anchor, Mary Stoker Smith, panelists include Arlene Ackerman, CEO, School District of Philadelphia; Nina M. Gussack, chair, executive commit- tee, Pepper Hamilton LLP; Tara Weiner, managing partner of the Philadelphia office of Deloitte & Touche USA LLP; Women in the Profession Committee Co-Chair Danielle Banks (left) joins Co-Chair Maria A. Feeley (right) in congratulat- and Ahmeenah Young, president and ing Roberta D. Liebenberg on being named the recipient of the 2008 Sandra Day O’Connor Award. CEO, Pennsylvania Convention Center state or federal bench, whether active Authority. n By Jeff Lyons or retired, who has made a significant, “Oct. 20 will be a day to salute the positive impact on the quality or ad- ongoing role of women in the profession Philadelphia Court of Common ministration of justice in Philadelphia is continued on page 17 Pleas Senior Judge Albert W. Sheppard eligible for consideration. Examples of Jr. and former Women in the Profes- accomplishments worthy of nomination sion Committee Co-Chair Roberta D. include innovations in court administra- In This Issue Liebenberg will be presented with two of tion, implementation of pioneering case 4 Chancellor’s Forum the Association’s most prestigious awards management techniques, assumption at the Monday, Oct. 20 Quarterly Meet- of a leadership role in areas affecting the 5 E-Filing Update ing and Luncheon. administration of justice, publication of Judge Sheppard is the recipient of the a significant opinion, article, or other 9 Judges on Briefs 2008 Justice William J. Brennan Jr. Dis- scholarly work, or the like. tinguished Jurist Award. Liebenberg will “Judge Sheppard has been a beacon 13 Annual Conference receive the 2008 Sandra Day O’Connor for innovation in the administration of 20 Pro Bono Training Award. justice. We recognize how he has created Photos by Jeff Lyons The Brennan award recognizes a this new paradigm while maintaining the Judge Albert W. Sheppard Jr. will re- 24 33 Years in Law jurist who adheres to the highest ideals rights of all parties,” said Brennan Award ceive the Justice William J. Brennan of judicial service. Any member of the continued on page 10 Jr. Distinguished Jurist Award.

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2 Philadelphia Bar Reporter October 2008 philadelphiabar.org Frontline Mentors Can Make Difference

Editor-in-Chief Sunah Park, Esq. in a Young Attorney’s Career Editor Emeritus Much has been written about is vital to leveraging With the launch of Bruce H. Bikin, Esq. By A. Michael Pratt businesses and organizations devoting in- performance into career the Chancellor’s Diver- Associate Editors creasing time and money to the concept advancement. sity Training Series, the Heather J. Holloway, Esq. of diversity. Although the issue of increas- In fact, without the Association’s Office for Asima Panigrahi, Esq. ing opportunities for underrepresented outstanding mentors Diversity will impart Kathryn C. Harr, Esq. groups has been around for decades, law who coached me early practical advice, skills Ria C. Momblanco, Esq. firms today are deeply involved in the on, my own career might and knowledge to young Regina Parker, Esq. movement to increase diversity among have turned out differ- attorneys seeking to en- Raymond M. Williams, Esq. their attorney and staff ranks. ently. hance their professional Contributing Editor A recent survey of the AmLaw 200 Most frequently, the viability. This workshop Richard Max Bockol, Esq. firms revealed that all of the 80 re- attorney who loses out series will cover career

Advisory Editors spondents to the survey had a diversity does so because he or she advancement topics Molly Peckman, Esq. director or diversity committee overseeing may not have a mentor such as transition from Marc W. Reuben, Esq. the firms’ efforts. The institutionalization or a champion within the organization government service to law firm practice, of this role is a major step forward for who can help them maneuver the unique business development and best practices Director of Communications the diversity movement, and these firms challenges of career advancement as a for the partnership track. and Marketing should be applauded for taking action on minority or female attorney. It is simple This Diversity Training Series (as well Martha Phan such a vital issue. math: With fewer minority attorneys as similar programs at our city’s law firms) Senior Managing Editor However, as a person of color at an at leadership levels, young minority at- are evidence of a tangible investment in Jeff Lyons AmLaw 200 firm, I can stress that survey torneys have fairly low odds of finding the professional development of young Executive Director numbers don’t tell the whole story. In mentors with whom they feel familiar attorneys. The short-term return on these Kenneth Shear addition to formal diversity programs, the and who can advise them from the investments is the connection made informal culture surrounding diversity minority perspective. Thus we all have a between diligent, talented, young lawyers The Philadelphia Bar Reporter (ISSN 1098- at a firm and its impact on networking responsibility – minority and majority – and more senior practitioners who have 5352) is published monthly and available by opportunities is just as important to the to reach out and mentor young attorneys walked in their shoes. subscription for $45 per year by the Philadel- phia Bar Association, 1101 Market St., 11th success of minority and female attorneys. with potential. My hope is that this type of profession- floor, Philadelphia, Pa. 19107-2911. Periodicals One way that all people, including As an active mentor myself, I always al development will help level the playing postage paid at Philadelphia, Pa. POSTMAS- TER: Send address changes to Philadelphia attorneys, network with each other is by stress to new lawyers that they are ulti- field for all attorneys looking to advance Bar Reporter, c/o Philadelphia Bar Association, seeking out and making contact with mately responsible for identifying profes- in their legal careers, yielding a long-term 1101 Market St., 11th floor, Philadelphia, Pa. people who seem familiar: We look, talk, sional mentors, promoting themselves gain of more realistic gender and/or racial 19107-2955. Telephone: (215) 238-6300. As- sociation Web site: philadelphiabar.org. News- act or have backgrounds and interests and leveraging their talent. Still, firms and ethnic representation among partner paper e-mail address: [email protected]. similar to one other. Whether they work have an obligation to support these efforts and leadership ranks in Philadelphia law The editorial and other views expressed in the for government agencies, public interest and encourage a culture of inclusion firms. Philadelphia Bar Reporter are not necessar- ily those of the Association, its officers or its organizations, corporations or in private that makes this process less burdensome. I ask you to please attend or sup- members. Advertising rates and information practice, all attorneys use these informal The Philadelphia Bar Association also port your attorneys’ attendance at our are available from Howard Hyatt at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211. Tele- contacts to find out what they need to shoulders this responsibility as a core Diversity Training Series, which I will be phone: (410) 902-5797. know about the way things work in their component of providing member benefits moderating: Page 1 skyline photo by Edward Savaria, Jr./PCVB organizations. This insider information to Philadelphia attorneys. continued on page 12

Tell Us Association’s Elections Committee Formed What You Think! The Philadelphia Bar Association Board Chair Stephanie Resnick. members who are entitled to vote; and for has formed its first Elections Committee. Offices for which candidates are being candidates for Vice-Chancellor, shall be The Philadelphia Bar Reporter Pursuant to a change in the Association’s solicited are Vice Chancellor, Secretary, signed by at least 100 members who are welcomes letters to the editors for publication. Letters should be typed. Bylaws, the Elections Committee, which Assistant Secretary, Treasurer, Assistant entitled to vote. There is no word limit, but editors replaces the Nominations Committee, is Treasurer, and five seats on the Board Individuals who wish to be nominated reserve the right to condense for chaired by Immediate-Past Chancellor of Governors. Each Board seat carries a for any of the above-named offices should clarity, style and space considerations. Jane Leslie Dalton and consists of Ronald three-year term. contact Staff Counsel Brian Sims, Esq. Letters must be signed to verify A. Kovler, A. Harold Datz, Albert Association members may become at [email protected] for additional authorship, but names will be withheld S. Dandridge III, Karen Detamore, candidates for any of these offices by information. upon request. Letters may be mailed, Nadeem A. Bezar, Vernon L. Francis, filing with the Secretary, at least 60 days Signatures, along with a resume, and faxed or e-mailed to: Jeff Lyons, Senior Jacqueline G. Segal, Danielle Banks prior to the Dec. 8, 2008 Annual Meet- written authorization should be submit- Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, Spearman, May Mon Post and Marsha ing, nominations in writing which, for ted to Association Secretary Kathleen D. 1101 Market St., 11th floor, Philadel- L. Levick. Association Secretary Kath- candidates of the Board, must be signed Wilkinson, c/o Brian Sims, Esq., Phila- phia, Pa. 19107-2955. Phone: (215) leen D. Wilkinson serves as a non-voting by at least 25 members who are entitled delphia Bar Association, 1101 Market St., 238-6345. Fax: (215) 238-1159. E-mail: member as do Chancellor A. Michael to vote; for candidates for Secretary, Trea- 11th Floor, Philadelphia, PA 19107, no reporter@ philabar.org. Pratt, Chancellor-Elect Sayde J. Ladov, surer, Assistant Secretary and Assistant later than 5 p.m. on Thursday, Oct. 9. Vice Chancellor Scott F. Cooper and Treasurer, shall be signed by at least 35 philadelphiabar.org October 2008 Philadelphia Bar Reporter 3 chancellor’s forum Drugs, Guns at Center of Crime Discussion n By Kathryn C. Harr

Addressing issues of frightened witnesses, youth violence, prison over- population, and gun control, a distin- guished panel tackled the problems of crime and punishment at the Chancel- lor’s Forum on Sept. 10. Moderated by Chris Satullo of The Philadelphia Inquirer, the panel includ- ed District Attorney Lynne Abraham; Philadelphia Court of Common Pleas Judge Jeffrey P. Minehart; Deputy Mayor Everett Gillison; David Rudovsky, senior fellow at the University of Pennsylvania Law School; Philadelphia Police Capt. Carl Holmes; and Mark Harrell, director Photo by Jeff Lyons of Men United for a Better Philadelphia. Panelists for the Sept. 10 Chancellor’s Forum included (from left) Capt. Carl Holmes, Mark Harrell, District Attorney Lynne Discussing more recent trends in Abraham and Judge Jeffrey P. Minehart. The panel was moderated by Chris Satullo of the Philadelphia Inquirer and also crime, several panelists remarked on rising included David Rudovsky. youth violence. “There’s a direct correla- Minehart, the first judge to preside over noting “the majority of complainants percent and homicides have decreased by tion between education and the quality Philadelphia’s specialized Gun Court, will not cooperate with police.” Com- 18 percent in the last month, gun control of education” and the number of young commented on the fear that witnesses plainants often will not even reveal who remains another pivotal issue in Philadel- people in the juvenile justice system, Har- have when coming forward to testify. shot them, making witnesses less likely phia. District Attorney Abraham reported rell noted. “We have to get the community back be- to testify, given that the victim does not that the Gun Violence Task Force, in Witness reluctance to testify has also hind law enforcement,” Judge Minehart want to identify their own shooter. its second year, specifically addresses the become an increasing problem. Judge said. Capt. Holmes echoed the concerns, Although shootings are down 20 continued on page 20

4 Philadelphia Bar Reporter October 2008 philadelphiabar.org rules and procedure committee Electronic Filing Includes Payment Option n By Rudolph Garcia So Far, So Good with E-Filing Program Philadelphia’s civil e-filing system was launched in August and will become n By Thomas L. Bryan David C. Lawrence, President Judge C. pleading and the documents appear- mandatory in January, but many firms Darnel Jones II, Administrative Judge ance on the docket; the possibility of still have no procedures in place for pay- The staggering number and vari- D. Webster Keogh, and the Philadel- using client ID numbers for large- ment and recovery of e-filing fees. ety of tasks that can be performed over phia Bar Association. volume-filers; and what sorts of disaster Unlike the federal court’s e-filing the Internet has recently gotten just a The Rules and Procedure Com- planning systems are in place. system, Philadelphia’s system provides for little larger. Thanks to the new Phila- mittee met Sept. 3 to review the first Judge Sylvester noted that the system payment of filing fees online with any delphia Court of Common Pleas Civil month of usage of the e-filing system. is completely backed up in a remote major credit card. You can pay by check Trial Division’s electronic filing system, Evers and Mapp began the meeting location and that in case of a system instead, as most firms have done before e- pleadings and motions in Philadelphia by reporting that so far, the feedback crash, Pennsylvania state law already filing, but that has serious disadvantages. civil cases can now be filed online. from lawyers using the system has been provides for an extension of filing dead- Sending a messenger to the courthouse The e-filing system, in the develop- overwhelmingly positive. In its first lines in case of a system crash. with a check defeats the efficiency and ment process for several years, went month of voluntary usage, e-eilings Although still in its infancy, all convenience of e-filing. It also makes online on Aug. 4. The system will for commencement of actions went signs indicate that the Civil Division’s deadline compliance harder because become mandatory for civil filings on from 10 percent in the first week, to 30 new e-filing system is a true success. nothing is deemed filed until the check is Jan. 5, 2009. Unlike some jurisdic- percent by the fourth week. Always looking to improve the system, received. Credit card payments are clearly tions, which hired outside consultants Issues discussed at the meeting Mapp and Evers closed the meeting by the better option, but how will your firm to develop their e-Filing systems, the included whether restricting access reminding everyone present that the handle them? Philadelphia system was developed for viewing online records to parties prothonotary’s office is open to all sug- The best approach is to obtain a in-house, guided by Judge Esther R. presents a public access issue; whether a gestions from members of the bar on restricted credit card account in your Sylvester, Prothonotary Joseph Evers hyperlink can be added to the notifica- how to improve the system. firm’s name that can be used only for and Deputy Court Administrator tion e-mails which links directly to the payments to the court. The card number, Charles Mapp, along with the guidance document filed; what lag time should Thomas L. Bryan is an associate with Gero- expiration date and security code for that and support of Court Administrator be expected between acceptance of lamo, McNulty, Divis & Lewbart PC. account can be distributed to all e-filers without risking any illicit shopping sprees. Individual filers benefit by not having to use their personal cards, and your firm Unlike the federal Wish you had someone benefits by avoiding a deluge of reim- court’s e-filing system, bursement requests. Most credit card is- to help resolve client suers can provide a restricted account. All Philadelphia’s system you have to do is make sure that the court social services issues? is the only authorized vendor. provides for payment If you use a restricted credit card ac- of filing fees online count, all your e-filing payments will ap- You’re probably an expert in a number pear on one monthly bill. When you pay with any major credit of fields—but case management may not the bill, you can easily allocate the charges card. be one of them. That’s why Intervention to the correct clients if you have prepared Associates is here. Since 1986 we’ve for that in advance. been serving older adults, the chronically When an e-filing is submitted, your mentally ill, and physically disabled adults own matter designation can be entered This approach works even better if for that filing, such as a matter name, file you use a restricted American Express and children by assisting with: number or billing number, in a “Personal account that lists the matter designation • Assessments Reference No.” field. When the filing is next to each charge on the monthly bill. • Crisis Intervention accepted, a confirming e-mail is automati- That way, most of the allocation can be • Home or Facility Care cally sent to the filer. Those confirmations done from the bill itself and the confirma- • Information/Referrals include the matter designation and the tions will only be needed when someone • Advocacy fee paid, so they can be used to charge forgets to enter a matter designation for a the amounts on the credit card bill to particular filing. the appropriate clients. To facilitate this In the first week, 10 percent of all new process, you can arrange for whoever pays cases were e-filed. In the first month, the the credit card bill to receive copies of the total jumped to 30 percent. The rate will confirmations automatically. Each user continue to increase until January when can specify up to two additional e-mail e-filing becomes mandatory. With a little 1777 Sentry Parkway West, Suite 210 Dublin Hall Blue Bell, PA 19422 addresses for notifications from the court, planning now, you can breeze through (610) 254-9001 • 1-800-254-9708 so all you have to do is ask your lawyers that transition. to include the additional e-mail address in their profiles and ask your e-filers to enter Rudolph Garcia is a partner with Buchanan the proper matter designation with every Ingersoll & Rooney PC. www.interventionassociates.org filing. philadelphiabar.org October 2008 Philadelphia Bar Reporter 5 appellate courts committee Mandatory E-Filing Coming to Third Circuit

tronic case management and case filing n By Ria C. Momblanco system and its plans to make electronic Attorneys are advised to make electronic filings filing mandatory. in a text-searchable PDF format and reminded to The upcoming Third Circuit Jud- The ECM/ECF system, which was icial Conference and the launch of a new developed at the request of several judges redact information that is subject to the Judicial and mandatory electronic case filing sitting on the Third Circuit, was partially Conference Policy on Privacy. system are among several notable events launched in February. As it exists today, on the Third Circuit’s calendar. At the the system allows those with a PACER September meeting of the Appellate login to access documents filed on or Courts Committee, Circuit Executive after Feb. 4. It does not, however, permit electronic service will be mandatory for electronic filings in a text-searchable PDF Toby Slawsky, Third Circuit Clerk Mar- litigants to electronically file and serve all attorneys filing in the Third Circuit. format and reminding attorneys to redact cia Waldron, and Third Circuit Chief documents. In order to assist attorneys who are new information that is subject to the Judicial Deputy Clerk Patricia Dodszuweit spoke Waldron said efforts to enhance the to electronic filing, the court will begin Conference Policy on Privacy (i.e., social on these new Third Circuit happenings. system with electronic filing features are offering ECF training in October and security numbers, names of minor chil- Slawsky informed the committee that under way and should be completed by November. The training will not be dren, dates of birth) prior to making an the Third Circuit Judicial Conference is the end of this year. The ECF features mandatory. electronic filing. set to take place on May 4-6, 2009. U.S. are currently being developed and tested Despite the implementation of ECF, Supreme Court Chief Justice John G. with the assistance of volunteer attor- some filing procedures will remain the Ria C. Momblanco, an associate with Fine, Roberts Jr. is expected to give two talks at neys. Feedback indicates that the Third same. For example, for emergency filings Kaplan and Black, R.P.C., is an associate edi- the conference. Associate Justice Samuel Circuit’s system will be easier to use than and motions to seal, litigants will still tor of the Philadelphia Bar Reporter. Alito Jr. will also be attending. Slawsky those of district courts within the Third need to notify the Court – during busi- said the conference will include a black- Circuit. ness hours – that the filing will be made. tie dinner that will be open to the entire In anticipation of the new ECF tool, In addition, the court may require volu- Podcast legal community. the Third Circuit will be revising its local minous documents, such as appendices, Spotlight Waldron and Dodszuweit then spoke rules to address electronic filing proce- to be filed in their paper form. on the progress of the Third Circuit’s dures. Dodszuweit said under the new The panel closed with some ECF prac- Visit philadelphiabar.org to listen to the podcast of this program. move toward an Internet-accessible elec- rules, electronic filing and acceptance of tice pointers, advising attorneys to make

6 Philadelphia Bar Reporter October 2008 philadelphiabar.org YLD Update Young Lawyers Cast Wider Net for Business The Internet is full of social and would appear on a firm’s By Scott P. Sigman easily found. managing partners from Philadelphia business networking sites, and many of Web site, news clippings, With a carefully tai- law firms, former Pennsylvania Supreme Philadelphia’s young lawyers are already notable case mentions, lored site on some, if not Court justices, authors, doctors, and members. But do these sites provide and even photos, as long all, of these online sites, many of your past friends and classmates young lawyers with a good opportunity as these photos help to you really expand your just waiting for you to sign up and con- to network, gain business and advertise promote the lawyer, not possibilities to network nect with them. themselves, for free? detract. Such photos with other lawyers or The business is out there, but are you From the beginning of modern may include the lawyer professionals, or connect willing to make the step and create your lawyering in Philadelphia, lawyers have with notable clients, with old friends and page on these online sites? It’s free and used Martindale, The Legal Intelligencer, politicians, public classmates, which will you have nothing to lose. Philadelphia magazine, Pennsylvania figures, celebrities, etc. lead to an increase in Super Lawyers and Pennsylvania Rising Photos should not your book of business. Scott P. Sigman, chair of the Young Lawyers Star Super Lawyers to advertise, promote include pictures of the When old friends and Division, is an attorney at Bochetto & Lentz, themselves and gain business. All of these lawyer drinking or engaging in unprofes- classmates see what you have been up to P.C. and may be reached by e-mail at ssig- sources have one thing in common – sional conduct. and now know how to contact you, they [email protected] or by telephone they’re expensive. Why should you sign up for these sites? will. It really is a win-win scenario for at (215) 735-3900. In the Internet age, which some say has • Cost/Target Audience: It is free, and the young lawyer. It’s a way to increase spelled the death of Martindale’s famous a site like Facebook or Linked In likely your clients, increase your business and (high-priced) lawyer listings, comes a has more daily viewers than any form of increase your network of friends and busi- totally free resource that has more read- paid advertising. ness professionals, all at no cost. When ers, subscribers, and daily viewers than • Google listing: What most people your information changes, or you have BlogLink Martindale, The Legal Intelligencer, Phila- do not realize is that when someone, like something notable to report such as a case delphia magazine, and the Yellow Pages a potential client, “googles” their name, reported in the newspaper, a free notifica- Visit phiLAWdelphia.wordpress.com combined. Online social and business a listing on a Facebook or LinkedIn will tion can be sent out to your network of to see what the Association’s young networking sites, including Facebook, appear at the top of the ever-important contacts. Along with the many young lawyers are saying. MySpace, LinkedIn, Plaxo, Friendster, Google listing without any cost. Clients lawyers who are on these sites, there are Spoke and Avvo, are now supplant- are always interested in reading up on ing most other methods of traditional their prospective attorney. st * networking for young lawyers, who are • Job Change: If you change your job, 1 DEPO = 1 MONTBLANC PEN vexed by stringent billable hour require- location, and/or contact information, ments and find it increasingly difficult people will still be able to find you. When to leave their offices for meet-and-greet you are listed on Linked In or Facebook You Book opportunities. for example, the search is by name. If you Lawyers can sign up for free and change or update your contact informa- design a page to market themselves to tion, all of your Facebook or LinkedIn The Depo, the general public. These pages can and contacts will be notified of the change should include current contact informa- free of charge. If someone misplaced your tion, a biography similar to the one that number or you switched jobs, you will be We’ll Bring PhiLAWpalooza Oct. 2 at J.C. Dobbs

The Young Lawyers Division will and special guest Paula Boggs, general The Sword host its second annual PhiLAWpalooza counsel for Starbucks. on Oct. 2 at the legendary J. C. Dobbs This year also features an upstairs stage ...well, not exactly, but the pen is mightier than on South Street, with an exciting lineup for open mic-style performances or jam the sword, especially when it comes to litigation! of bands comprised of Philadelphia law- sessions. Lawyers are encouraged to bring yers of all ages and practice areas. along an unplugged instrument for a Take your first deposition with Bell Reporting and This year’s line-up includes fan favor- more mellow experience. we’ll hand deliver a Montblanc pen to your firm. ites A Band Called M (Montgomery, PhiLAWpalooza will be held rom McCracken, Walker & Rhoads, LLP) 6:30 to 10:30 p.m. Tickets are $12 for (215) 236 - DEPO and Class Action (Marshall, Dennehey, Association members ($15 at the door) Warner, Coleman & Goggin) playing and $15 for non-members ($18 at the Philadelphia, PA New York, NY rock-n-roll hits. Newcomers include door). Admission includes rock-n-roll, Habeus Crappus (Caesar, Rivise, Bern- drink tickets, heavy hors d’oeuvres, and Baltimore, MD Washington, DC stein, Cohen & Pokotilow, Ltd.), Roger drink specials. J. C. Dobbs is located at Delco (Law Offices of David W. Wolf) 304 South St. www.BellReporting.com We Never Take Your Business For Granted! Visit philadelphiabar.org to order *Deposition must be booked 7 business days in advance, at least 3 hours long, and booked before 6/1/09; attorney must be available to personally receive the pen on behalf of the firm; transcript charge must be paid in full. Limit one pen per client. This tickets for phiLAWpalooza on Oct. 2. promotion is an ethical “giveaway” as Bell’s rates are “reasonable” and in fact are among the lowest in the Philadelphia area. We WebCheck simply choose to return profits back to our clients (see Rules 1.5 and 1.7 of Pennsylvania’s Rules of Professional Conduct). Instead of receiving the pen, Bell will gladly make a monetary donation to a cause of your choice in your firm's name.

philadelphiabar.org October 2008 Philadelphia Bar Reporter 7 women in the profession committee City’s Real Estate Market Doing Well, Panel Says n By Edward P. Kelly estate in Center City in August 2008 The panelists stressed the importance was $355,000, compared to $330,000 in of doing your homework regarding your All is well in the Philadelphia August 2007. own finances and the property you want Despite media reports real estate market, and there are many Home ownership has traditionally to buy. To that end, it is also important to the contrary, the advantages to owning your own home. been a safe investment. Homes have to rely on the professionals: lenders/ These were just two of the messages re- typically averaged 4 percent annual mortgage brokers, realtors, inspectors, Philadelphia real es- ceived by those attending the Investing in appreciation, and prices over a one-year title companies and insurance brokers. tate market has held Real Estate for Women panel at a recent period have never declined since the They also provided a brief overview of the meeting of the Women in the Profession Great Depression. In addition to the joys home buying process, including finding up well compared to Committee. of owning one’s own home, there are also the right property, getting pre-qualified other markets. The panelists were Lisa Mara, vice tax incentives that make home ownership for a mortgage (and the criteria that president of East River Bank; Stephanie J. even more attractive, including mortgage banks use to evaluate your application), Sprenkle, an associate in Pepper Ham- interest deductions, federal incentive and the various inspections one should ilton LLP’s real estate practice group; programs and capital gains exclusions perform (general property inspection, ter- and Peter Bishop, owner of Light Horse upon the sale of the property. The panel- mite, radon and mold). The importance there are differences. For one, lenders Housing LLC and Independent Custom ists agreed that now is a great time for of title insurance and property insurance look to the cash flow of the property and Realty LLP. buyers as there are plenty of homes on the was also discussed. And, in addition to for a larger down payment when consid- Despite media reports to the contrary, market and people have been afraid to the traditional method of home buying, ering mortgage applications. In addition, the Philadelphia real estate market has jump in and buy. Therefore, the prices are there are alternatives, including for sale the investment property owner becomes held up well compared to other markets. reasonable and sellers are more willing to by owner, HUD properties, sheriff’s sale a landlord and must consider whether While areas such as Boston, New York negotiate. and short sales. But while there may be to rent the property on their own or hire and Washington, D.C. experienced tre- That being said, it is more difficult to certain advantages with these options, the a property manager to deal with leases, mendous appreciation in property values get a mortgage in today’s economic cli- panelists warned that there were pitfalls to emergencies and day-to-day issues at the (and the eventual steep declines), Phila- mate. Lenders are returning to traditional be avoided. property. delphia was “overlooked” and experienced mortgage programs and requiring full Finally, the discussion touched upon solid, rational growth. One example cited documentation in order for buyers to get investment properties. While many of the Edward P. Kelly is an associate with Astor was that the average selling price of real approved for a mortgage. same lessons from home buying apply, Weiss Kaplan & Mandel, LLP.

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8 Philadelphia Bar Reporter October 2008 philadelphiabar.org FEDERAL COURTS COMMITTEE Federal Judges Advise Lawyers Podcast Spotlight to Keep Briefs Simple, Accurate Visit philadelphiabar.org to listen to the podcast from this meeting. n By Heather J. Holloway An effective brief, Judge Davis advised, a referenced page from a transcript as an is written succinctly, directly and ac- exhibit to a brief, Judge Davis expressed Judge Davis expects every word in the Understanding the audience is a curately. As an advocate, counsel should his preference for that portion of the tran- brief to serve a purpose. Likewise, mis- critical factor in effective brief writing. provide a clean and truthful statement of script that will provide him with the full spelled words and poor grammar distract Noting that the policies and procedures the law and should not merely state that context of the statement, not merely the the court from counsel’s message. Finally, of the judges who sit in the Eastern portion of the law that is most beneficial quoted language. Judge Pratter advised Judge Davis, Judge Pratter, and Judge District of Pennsylvania are posted, U.S. to his client’s position. Instead, counsel counsel to strive for clarity when writing Rice agreed that counsel should avoid District Court Judges Legrome B. Davis, should state the law and then explain, in and to avoid excessive sophistication and personal attacks. The use of adverbs and Gene E.K. Pratter and Timothy Rice an honest and direct manner, why that clever statements. Clarity not only assists hyperbolic language is not helpful and presented further insight into effective unfavorable portion of the law is not ap- the court but also makes it more difficult suggests that counsel has less to say on brief writing during the Sept. 17 meeting plicable to the case. Judge Rice cautioned for one’s opponent to mischaracterize the merits. Judge Rice reminded counsel of the Federal Courts Committee. counsel against making incomplete or counsel’s position. that the brief is counsel’s first chance to According to Judge Davis, the judge is misleading statements and reminded Effective briefs revolve around a theme. persuade the fact finder. The use of the the audience and one should remember counsel that law clerks work with the Judge Pratter has found that the more first few pages to set forth a theme will that a federal judge receives five to seven court and play a substantial role in persuasive briefs begin with a conclusion, result in a more effective brief. inches of motions and at least one new reviewing the briefs. Law clerks will play followed by the rule, application, and civil case each day. An attorney can assist a game of “gotcha” with lawyers and will then the restatement of the conclusion. Heather J. Holloway, an associate with Thorp the busy courts by eliminating unneces- catch most instances of misrepresentation. Counsel should avoid hiding the relief Reed & Armstrong, LLP, is an associate editor sary verbiage. Judge Pratter echoed this Counsel should not risk losing the trust sought in excessive verbiage and legalese. of the Philadelphia Bar Reporter. sentiment; however, she noted that the of the law clerks and the court. audience is more than just the court. An Facts, like the law, should be accurately To view policies and procedures for attorney also writes for the benefit of characterized. Counsel should provide the judges in the Eastern District, visit the law clerks, opposing counsel and the court with a full picture. By way of ex- WebCheck paed.uscourts.gov/us08001.asp. client. ample, noting that many attorneys attach

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philadelphiabar.org October 2008 Philadelphia Bar Reporter 9 Judge Sheppard earned an Electrical personal level, I have gotten to know Pennsylvania and one of the Top 100 Su- Awards Engineering Degree from Villanova Uni- Bobbi by working with her through the per Lawyers in Pennsylvania. Liebenberg continued from page 1 versity in 1960. He received his J.D. de- Bar Association, and have observed that was named one of the Women Leaders in gree from the Temple University School Bobbi is one of the most sincere advocates the Profession by The Legal Intelligencer. Committee Chair Rhonda Hill Wilson. of Law graduating Magna Cum Laude, for women lawyers I have come across She was recognized as a leader in the field Judge Sheppard is now a senior judge and was on the Law Review. He prac- in my career, and our profession is better of Class Actions. and in his 25th year on the Court of ticed law with the law firms of Schnader, because of her. She really is a remarkable Liebenberg served as Chair of the Common Pleas. He has presided in the Harrison Segal & Lewis and Monteverde, woman,” she said. American Bar Association’s Standing family, criminal and civil divisions. Pres- Hemphill, Maschmeyer & Obert. Liebenberg is a graduate of the Uni- Committee on the Federal Judiciary from ently, he is the team leader of the court’s Between 1960 and 1963 he served versity of Michigan and a graduate of the 2006-2007. Prior to that appointment, Commerce Program. He was elected to as a line officer on the destroyer USS Catholic University Columbus School she served as the Third Circuit representa- the Common Pleas Court in November Furse based in Charleston, S.C. The ship of Law, magna cum laude, where she tive on the Standing Committee from 1983 and retained in 1993 and 2003. participated in the Cuban missile crisis was the Notes Editor of the Law Review. 2005-2006. In 2007, Liebenberg was Judge Sheppard acted as the Chair- blockade. Thereafter, she served as a law clerk for elected as the Pennsylvania State Delegate man of the Judicial Study Committee “I am very honored and humbled at the United States Court of Appeals for to the ABA House of Delegates, and she (Sheppard Committee) appointed by having been selected,” Liebenberg said the Fourth Circuit. serves on the ABA Nominating Commit- state Supreme Court Justice James T. of the O’Connor Award. “It is especially In May 2007, Liebenberg was named tee. From 2003 to 2005, Liebenberg was McDermott as the committee to make meaningful to me because I am following as one of The National Law Journal’s50 a member of the Board of Governors of recommendations to our Supreme Court in the footsteps of the many incredibly Most Influential Women Lawyers in the American Bar Association, represent- relative to suggested improvement for talented and distinguished women law- America. In June 2008, she was named ing Pennsylvania and New Jersey. In the Philadelphia Common Pleas Court. yers and judges who have done so much as one of the “Top Ten Super Lawyers in addition, she served on the Governing The Committee Report was published in to help remove the barriers confronting Pennsylvania” in Philadelphia magazine. Council of the American Bar Association’s May 1990 and was favorably received. In women in the profession,” she said. In October 2006, Gov. Edward G. Ren- Section of Litigation and was the Section’s 1990 he received the Golden Crow Bar “Bobbi embodies the example set by dell named Liebenberg as a Distinguished Delegate to the House of Delegates. She Award from the Pennsylvania Confer- Sandra Day O'Connor and exemplifies Daughter of Pennsylvania. In April 2003, also served as Chair of the Class Ac- ence of State Trial Judges for his work on every criteria of this award as someone at she was named as the first recipient of the tions and Derivative Suits Committee of the Sheppard Committee. In 2001 he the top of her field, a trailblazing and tru- Lynette Norton Award by the Pennsyl- the Litigation Section. Ms. Liebenberg served as Supervising Judge of the Civil ly accomplished lawyer, who also devotes vania Bar Association’s Commission on formerly chaired the Philadelphia Bar Division, Chairman of the Civil Rules herself to being an advocate for women,” Women in the Profession. That award Association’s Antitrust Committee from and Procedures Committee and Charter said Women in the Profession Committee was given to her in recognition of her 2002-2007 and 1993-1997. Member of the Commerce Program. Co-Chair Maria A. Feeley. “On a more outstanding litigation skills and mentor- In August, 2008, Liebenberg was ing of women attorneys. In December appointed as Chair of the American Bar 2003, she was named as one of the Association’s Commission on Women Naturalization Speakers Women of Distinction by the Philadel- in the Profession, whose first Chair was phia Business Journal and the National Senator Hillary Clinton. In addition, she Association of Women Business Owners, chaired the Pennsylvania Bar Association’s based on her commitment to professional Commission on Women in the Profes- excellence and community involvement. sion from 1995 to 1997. She also served Every year since 2004, she has been rec- as Co-Chair of the Philadelphia Bar ognized by Philadelphia magazine as one Association’s Women in the Profession of the Top 50 Female Super Lawyers in Committee from 2005-2007. Commissioner Welcomed Photo by Jeff Lyons

Former NBA star Dikembe Mutumbo joins U.S. District Court Judge John Photo by Dawn Burger R. Padova and Chancellor A. Michael Pratt at a naturalization ceremony Legal Rights of Children Committee Co-Chairs Sara Jacobson (left) and held on Constitution Day, Sept. 17, at the National Constitution Center. Rashida West (right) welcome Anne Marie Ambrose, new commissioner of More than 60 people from 34 countries became new citizens at the event. the Department of Human Services at a Tuesday, Sept. 23 reception. The Both Pratt and Mutumbo spoke at the ceremony, which was presided over reception was sponsored by the Legal Rights of Children Committee and by Judge Padova. the Family Law Section.

10 Philadelphia Bar Reporter October 2008 philadelphiabar.org Bar Foundation Gala Benefits Public Interest Community Mildred is 74 years old and suf- Edward’s managed care plan to permit Gala. By Elaine Rinaldi Foundation and Chairs fers from severe vision problems that him to use an out-of-network vendor The Gala has raised of the Andrew Hamilton have left her nearly blind. A victim of who does not charge people on Medi- millions of dollars for Gala. predatory lending 10 years ago, she was care and Medicaid in advance. Edward’s public interest legal or- “We have chosen on the verge of losing her home until a wheelchair was finally repaired, allowing ganizations in its history the theme ‘Heroes’ to Philadelphia VIP attorney negotiated him to regain independent mobility. and is one of many ways recognize the outstand- with the lender and helped Mildred save Charlie and Jeff are two young broth- the Philadelphia legal ing work and countless her home. ers who were removed from their home community shows its non-billable hours these Carlos is living with his grandmother because of physical abuse and lack of pa- commitment to the mis- people have given to because he was abandoned by his mother rental supervision. Their mother struggled sion of access to justice the cause of providing and his father is incarcerated. A high with drug addiction and was unable for all. equal access to justice for school athlete, he had a good chance of to care for them. With assistance and The 30th anniversary all,” said Sayde J. Ladov, getting an athletic scholarship until the representation from the Support Center of the Gala offers the Bar co-chair of the 2008 school district where his grandmother for Child Advocates, the boys were placed Foundation a unique opportunity to pay Andrew Hamilton Gala, Chancellor-Elect lived used an obscure welfare rule to hold with a caring foster mother. They received tribute to the heroes of the Philadelphia of the Bar Association and an honoree that he was not eligible to attend school counseling and tutoring services and have Bar who have given their time and con- herself as past co-chair, with her husband, there. The Education Law Center took made enormous progress in their new siderable talents to help the Bar Founda- David, of the 1999 Hamilton Gala. his case and argued before the Pennsylva- home and school. Charlie and Jeff, now tion help people like Mildred and Carlos David Ladov has signed on again as one nia Commonwealth Court on his behalf; 12 and 13 years old, were adopted by and Edward—the past Chancellors of of this year’s co-chairs along with Steven Carlos is now back in school with a good their foster mother last fall and continue the Bar Association, Presidents of the Bar continued on page 18 chance to go on to college. to thrive. Edward, despite being eligible for both These are just a few of the thousands of Medicare and Medicaid benefits, has cases the Philadelphia public interest or- Past Hamilton Gala Chairs 1982 – Goldye Comisky waited for years for wheelchair repairs ganizations, with financial support from 2007 and 2006 – Deborah Gross and 1981 – Melanie Hopkins because the equipment vendors in his the Philadelphia Bar Foundation, take Amy B. Ginensky 1980 – Alan M. Tepper Medicaid managed care plan insisted on on every day. These legal agencies work 2005 – Carol Nelson Shepherd and 1979 – Marlene Dubin charging him in advance for their services, individually and systemically to make Mark B. Frost; Frederick D. Strober Bar Foundation Presidents a cost he could not afford. Eventually, a difference in the lives of those in our and Beth Ann Robinson 1965 – Theodore Voorhees* Edward had to use a loaner wheelchair community who struggle with poverty, 2004 – Marnie and Alexander Kerr; 1965-1966 – David Berger* that was not designed for him and that disability and discrimination. Alexander Giacobetti and Theresa 1967 – Marvin Comisky caused him physical pain. A Disabilities Thirty years ago, the Bar Foundation Italiano 1968-1969 – Ernest Scott* Rights Network attorney began advocat- started what has become its biggest fund- 2003 – Audrey C. Talley 1970-1971 – H. Ober Hess ing on Edward’s behalf and convinced the raising event of the year to help support 2002 – Abraham C. and Sherri Reich 1972 –Louis D. Apothaker* Department of Public Welfare to direct these efforts – the Andrew Hamilton 2001 – Marilyn Heffley and Bernard 1973 – Sadie T. M. Alexander* W. Smalley 1974 -1976 – Joseph K. Gordon 2000 – Matthew and Maxine Lech- 1977-1978 – John Butterworth Past Chancellors of the Bar Association ter Comisky 1979-1980 – Paul Carpenter Dewey David Berger (1963) Bennett G. Picker (1986) 1999 – Sayde J. and David L. Ladov 1981 – Jerome E. Bogutz Theodore Voorhees (1964)* Seymour Kurland (1987) 1998 – Sherrie Savett and Nicholas 1982-1983 – Hon. Bruce W. Kauffman Marvin Comisky (1965) Laurance E. Baccini (1988) E. Chimcles 1984 – Marvin Comisky Robert L. Trescher (1966)* Peter Hearn (1989) 1997 – Alan M. Feldman and Mau- 1985 – Peter Hearn Hon. Arlin M. Adams (1967) Arthur G. Raynes (1990)* reen Pelta 1986 – Richard N. Weiner Lewis H. Van Dusen (1968) Robert C. Heim (1991) 1996 – Doreen S. Davis and Robert 1987 – Hon. Jan E. DuBois Louis J. Goffman (1969)* Deborah R. Willig (1992) J. Simmons 1988 – Harold Cramer Robert M. Landis (1970) Andre L. Dennis (1993) 1995 – David H. and Roselyn 1989 – Francis P. Devine III John R. McConnell (1971)* Lawrence J. Beaser (1994) Marion 1990 – Ralph W. Brenner Harold Cramer (1972) Abraham C. Reich (1995) 1994 – Arthur G.* and Diane Raynes 1991 –Marshall A. Bernstein Joseph M. Bongiovanni Jr. (1973) Francis P. Devine III (1996) 1993 – Gilbert F. and Ada Casellas 1992 –Timothy J. Carson William R. Klaus (1974) Clifford E. Haines (1997) 1992 – Dianne Greitzer* 1993 – Sydney M. Avent Nathan L. Posner (1975)* Mark Alan Aronchick (1998) 1991 – Louis A. and Rhoda Fryman 1994 – Richard M. Rosenbleeth Hon. Thomas N. O’Neill Jr. (1976) Edward F. Chacker (1999) 1990 – Richard M. and Judith Ron- 1995 – Louis W. Fryman Bernard M. Boorish (1977)* Doreen S. Davis (2000) senbleeth 1996 – Mark A. Aronchick Paul Carpenter Dewey (1978) Carl S. Primavera (2001) 1989 – Leslie Anne Miller 1997 – Martin Greitzer Hon. Leon Katz (1979) Allan H. Gordon (2002) 1988 – Marvin Lundy and Geraldine 1998 – Judith E. Harris Jerome E. Bogutz (1980) Audrey C. Talley (2003) Cramer 1999 – David Unkovic Joseph H. Foster (1981) Gabriel L.I. Bevilacqua (2004) 1987 – S. Gerald and Arlene Litvin 2000 – Carol G. Huff Hon. Robert C. Daniels (1982) Andrew A. Chirls (2005) 1986 – Denise Krekstein 2001 – Gabriel L.I. Bevilacqua Howard Gittis (1983)* Alan M. Feldman (2006) 1985 – Jalond Levin 2002-2003 – Gerald A. McHugh Jr. Donald C. Marino (1984) Jane L. Dalton (2007) 1984 – Antoinette Marsh* 2004 – Edward F. Chacker David H. Marion (1985) * – deceased 1983 – Ruth Dubois 2005-2006 – Robert D. Lane Jr.

philadelphiabar.org October 2008 Philadelphia Bar Reporter 11 Group Aims to Make Gay Marriage ‘Real’

and recognition across the country, n By Brian K. Sims from being named “one of the 100 most influential attorneys” by the National Law We are at an excep- The key to securing the freedom Journal in 2000 to being named “one of “tionally historic turn- to marry for all individuals regardless the 100 most influential Americans” by of their sexual orientation, “has always Time magazine in 2004. ing point in our move- been to make it real,” says Evan Wolfson, His predictions for the future of mar- ment for equal justice, a legal expert and social activist who is riage equality surprised many in atten- the founder and executive director of dance. “Imagine that,” he said “up from and in the struggle for Freedom to Marry. zero percent five years ago” to 25 percent the freedom to marry Wolfson, the author of Why Marriage by the end of next year. “Not civil unions, Matters: America, Equality & Gay People’s not partnerships or other lesser alternative and more globally for Right to Marry, spoke at the Sept. 15 pro- mechanisms – the full and equal opportu- our country in gen- gram “Securing the Freedom to Marry: nity to exercise the constitutional freedom What’s Next,” co-sponsored by the Fam- to marry.” eral. ily Law Section, and the Legal Rights of Evan Wolfson He arrives at his figure by citing Cali- ” Unmarried Cohabitants, the Civil Rights, fornia, which makes up about 12 percent and LGBT Rights Committees. outcome is under assault – and securing of the population, and Massachusetts That “reality” is closer now than at any the other victories which shimmer within which has another 3 percent, combined cause if we do this, we bring our country time in the nation’s history, said Wolf- reach now, by this time next year, 25 per- with his predictions that New Jersey, New to a place where one out of four Ameri- son. “We are at an exceptionally his- cent of the American people will live in a York, Connecticut, Vermont, and “yes, cans will be seeing families helped, no one toric turning point in our movement for state where gay people can marry.” Iowa” will recognize marriage equality if hurt, the scare tactics of the opponent’s equal justice, and in the struggle for the “If you remember one thing, remem- the work that is currently being done in refuted, and will realize in this constant freedom to marry and more globally for ber that,” said the Yale and Harvard Law those states continues. and very American way of listening to the our country in general.” Pointing to the graduate who has also spent time in the Gay Americans will have the op- better angels of their nature, that even if recent cases in California, Iowa and New Peace Corps and worked for Lambda Le- portunity to “take on the full range of they don’t fully love the idea, even if it’s York, as well as legislation in New Jersey, gal before founding his own organization. responsibilities, obligations and protec- still somewhat new to them, or touches and other states, he proclaimed, “as we Wolfson has also been front and center tions that marriage as a legal institution elements of discomfort, people can live gather here right now, if those of us who for many, if not all, of the “gay mar- brings to families.” This will happen, he with it.” believe in full equality and inclusion for riage” cases nationwide from the right to says, as more and more Americans see “It takes nothing away from me, to see gay people in society, do our work right, marry cases in Hawaii in the early 1990s the outcome of marriage equality in their the family across the street better off.” which most pointedly means holding to the historic civil union laws passed in own schools, neighborhoods and com- the freedom to marry in California – a Vermont in 2000. munities. Brian K. Sims is staff counsel for policy and victory we won early this year and whose His activism has earned him praise “This is truly an epic moment be- planning for the Philadelphia Bar Association.

• Thursday, Nov. 6 - The Partnership • Tuesday, Dec. 16 - Mid-Size Firms: early evening to minimize the disruption Frontline Track: Learn about the legal and other Learn about the benefits of mid-size firms on your business day. continued from page 3 professional skills and abilities needed to and how they contribute to an attorney’s For more information, call Dr. Sean make partner, as well as practical steps for growth and development in the legal Lincoln, Director of Diversity, at 215- • Tuesday, Oct. 7 - Business Develop- advancing to the partnership level profession 238-6340 or register online at www.phila- ment: Learn about creating, developing • Thursday, Nov. 20 - Career Transi- All workshops will be held in the 11th delphiabar.org. and growing your legal practice tion: Learn about the legal and profes- floor Conference Center at the Philadel- • Thursday, Oct. 23 - Networking: sional skills or abilities needed (as well as phia Bar Association headquarters, 1101 A. Michael Pratt, a partner at Pepper Hamil- Learn the importance of networking and the practical steps that can be taken) to Market St. A light snack and beverages ton LLP, is Chancellor of the Philadelphia Bar attending networking events, and how to move from practicing law in the public will be served as part of the events. All Association. His e-mail address is chancellor@ become an effective networker sphere to a private firm workshops are in the late afternoon or philabar.org.

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12 Philadelphia Bar Reporter October 2008 philadelphiabar.org 2008 bench-bar and annual conference Diversity’s Impact, Future in the Law n By Jeff Lyons

Having discussions about diversity is the first step to improving diversity in the legal profession, a panel of attorneys and judges told a diversity expert at the opening luncheon of the Association’s Bench-Bar and Annual Conference. “First and foremost, it’s about having the discussion. And my hat’s off to our Chancellor. Mike Pratt has made it his mission to have the discussion. And that discussion has driven other discussions,” said panelist Bernard W. Smalley, a share- holder at Anapol Schwartz. “We now have a diversity effort in both the Philadelphia Trial Lawyers Associa- Panelists for the program on diversity included (from left) Judge Nitza I. Quinones Alejandro, Judge Lydia Y. Kirkland, Bernard W. Smalley, City Solicitor Shelley R. Smith, Stacey Sobel, Verna Myers and Larry Turner. Myers (below) has been tion and the Pennsylvania Trial Lawyers advising law firms about recruitment and retention of attorneys of color since 1992. Association. If you can represent folks of color, then hire folks of color. And if not, why not. So that discussion continues,” he said. Podcast The session was led by diversity consul- Spotlight tant Verna Myers. Panelists offered their thoughts on a serious of video vignettes Visit philadelphiabar.org to listen to featuring individuals from different the podcast of this program. minority groups. The videos featured a woman in a wheelchair, a little person, I didn’t grow up with those concepts. It a lesbian and a young African American wasn’t until I came here that it became man who all explained what it’s like for very real. A friend of mine and I went to a them to exist in a society where they don’t restaurant. She’s Latina, but she’s a white feel like they’re part of the mainstream. Latina, as opposed to a dark-skinned “Diversity has become a generational Latina. We went to a restaurant that was issue. The younger generation views Photos by Jeff Lyons primarily serviced by African Americans. diversity in a very different way than I Each panelists said they could relate other people feel comfortable so they But as we walked in, the lady said to me do. I had a very interesting conversation with the people shown in the video who themselves don’t feel uncomfortable. She ‘how many?’ I said two and she led us to with a young man and it struck me that described their exhaustion when it comes said she’s been fortunate and hasn’t felt a table. She proceeded to hand me the for him, diversity meant not so much an to ‘fitting in’ in the world. the need to make others feel comfortable menu and walk away. And I said ‘excuse opportunity to represent those who are “For a lot of LGBT people, the exhaus- about being around her. me, we need one more menu.’ She came coming behind him or to uphold those tion isn’t about making other people Smith recalled a case in federal court back with a menu and a few minutes later who came before him. But for him it was comfortable. The exhaustion results from that she was trying with a white colleague. she came to take our order. I gave her my just something for him to have a chance,” not letting other people know. You never She had appeared before the judge in the order and she walked away. And I said said panelist Larry L. Turner, a partner want to worry about their comfort. You past yet the judge directed all questions to ‘excuse me, there’s one more person here.’ with Morgan, Lewis & Bockius LLP. never want to be put in that place. And I Smith’s male colleague. During a break, And my friend’s reaction to me was ‘I’ve “There are a lot of preconceived no- live that way,” said panelist Stacey Sobel. the judge complimented the plaintiff’s never felt so ignored.’ ’’ tions,” said Municipal Court Judge Lydia “There is no federal law protecting attorney and Smith’s colleague on the job “I think the fact that we have these Kirkland. “When my African-American people in the workplace based on their they had done. “And then the judge gave programs forces people who wouldn’t sons go out, no one knows that they’re sexual orientation or their gender identity. me the sartorial splendor award. And I ordinarily talk about diversity to talk a judge’s kids and that shouldn’t matter. There is no state law in Pennsylvania said ‘I’m glad you noticed something I’ve about it. And what does it mean to have And no one knows they’re college kids prohibiting that. Eighty percent of the done in this room for the past six days.’ more diversity in your profession, in your because you can’t look at a kid and know people in Pennsylvania live in a place But that’s what you do. You have to drive firm and in your company. The fact that they’re in college. You can’t look at a kid where it’s perfectly legal to fire them just home the point that you’re capable and there are these programs and goals forces and say ‘he’s an OK African American because they’re gay, lesbian, bisexual or competent and prepared,” she said. people to talk about diversity,” Smith said. kid.’ You have to actually converse with transgender. So if that woman [in the Court of Common Pleas Judge Nitza “Sometimes a sense of inclusion is as the kid to see whether or not he fits your video] lets anyone at work know she has I. Quinones-Alejandro said she has a hard simple as who you speak to in the morn- mold. But why should kids have to fit a a partner, she may be putting her very time with the word diversity because of ing,” said Myers. She said people need mold? What is a mold? But you have to livelihood at stake. And that’s one of the her upbringing. “I grew up in a military to make a conscious effort to expand teach your kids that there is a mold. It’s difficult things about being LGBT – it’s upbringing. In a military upbringing, their circle and talk to everyone in their unfortunate but there is a mold. If you not always obvious.” you’re in a diverse community. Your organizations, not just people who are don’t fit the mold, you’re not going to fit. City Solicitor Shelley R. Smith said next-door neighbor could be Asian. like them. That’s just how it is,” she said. people spend a lot of time trying to make Downstairs could be an Italian American. philadelphiabar.org October 2008 Philadelphia Bar Reporter 13 2008 bench-bar and annual conference Pundits Ponder Presidential Politics n By Brian K. Sims

This year’s political environment made for one of the hottest sessions at the 2008 Bench Bar and Annual Confer- ence. At the Sept. 20 lunchtime plenary session, attorney and journalist Renee Chenault-Fattah hosted a panel of ex- perts for The 2008 Presidential Election: Politics and the Law. Panelists were Larry Eichel, senior staff writer and political columnist for The Philadelphia Inquirer; Dr. G. Terry Madonna, renowned political pollster Panelist Elmer Smith (from left) is joined by moderator Renee Chenault Fattah and fellow panelists Dr. G. Terry Madonna, Photo by Jeff Lyons and Director of the Center for Politics Marcel Groen and Larry Eichel for the program on presidential politics. and Public Affairs at Franklin & Marshall four conservatives, four liberals, and one and that given new judicial campaigning that there is a “very disparate approach to College; Elmer Smith, senior member in the middle,” he said. “The days of the rules, judges “are beginning to look a lot her.” of the Philadelphia Daily News editorial liberals are gone. We’ve switched from a like regular candidates,” and asking “Is The discussion prompted questions board; and Marcel L. Groen, longtime liberal to moderate court, to a moderate that really what we want to see?” about former Democratic candidate Sen. chair of the Montgomery County Demo- to conservative one.” Stepping away from the judiciary, the Hillary Clinton’s impact on the campaign cratic Committee and a partner at Fox “I think this is a huge issue,” said panelists were asked about their expec- and speculation from the panelists about Rothschild LLP. Groen. “There’s the potential for a legal tations of the upcoming presidential how her involvement on the national Madonna, started the panel’s initial dis- tsunami.” Adding that, “depending on debates. The consensus appeared to be ticket could have changed the current cussion about the effect that a McCain or who wins, the legal world as we know it that while generally, debates only seem state of the election. Obama presidency would have on the ju- may change.” He discussed his expecta- to reinforce the beliefs of the voters who Surprisingly, this was an issue in which diciary. Madonna first recounted that the tions that under a McCain presidency, have already made up their minds, this all four panelists found agreement. “The last session of the U.S. Supreme Court abortion could go back to the states and year’s debates may offer more. election would be over,” said Groen. “Mc- saw more 5-4 decision than at any time there would be even further removal of “[Hillary] Clinton proved to be better Cain would not have picked Palin, and since the New Deal. He also discussed the consumer protections and rights. in debates, but Obama has proved to be a Clinton would have brought together all likelihood that Justice Stevens and Justice Eichel was more skeptical about the better big-venue speaker,’ said Madonna of the Democratic camps.” Ginsburg, both members of the liberal possibility that Roe v. Wade would be addressing a question about Obama’s “I think it would have been over too,” voting block, are the presumptive retirees overturned under a McCain presidency. style. He also felt that despite the low said Smith, “although she’ll be a more during the next presidency. effective member of the Democratic team “Assuming that the nominees follow There’s the potential for a legal tsunami. Depend- as a senator.” Eichel agreed that her selec- the political ideology of the president who tion would have changed the race. “There nominates them, an Obama presidency ing on who wins, the legal world as we know it are many more Democrats registered would appear to maintain the current 5-4 may change. today than Republicans. With Hillary, no make-up of the court.” While from a Mc- Democrats wouldn’t have voted for the Cain presidency, he said, “the expectation Democratic ticket.” would be a 7-2 conservative court.” “The last thing the Republican Party ranking of national security in polls, the “There is no comparable period in Eichel was quick to point out that wants or needs is 50 states deciding the issue of “who can be trusted” with the modern history where an election was so even in the event of a McCain presi- issue. People could turn on the national nation’s security “is huge.” heavily weighted in the political atmo- dency, there is a resounding likelihood party.” Turning to the “Palin Effect,” as sphere as it is for the Democrats now,” that Democrats would not only hold the Perhaps a more hotly debated topic Chenault-Fattah put the question, the said Madonna, harkening to a statement Senate, but take a more substantial major- during the session was the question of panelists all strongly agreed that John by Groen that if all registered Demo- ity and that they would be angry if the merit selection of appellate judges, a posi- McCain’s choice of Alaska Gov. Sarah crats voted for Obama and all registered White House were lost, thereby making tion that the Philadelphia Bar Association Palin had both energized the conservative Republicans voted for McCain, with the confirmation of Republican nominated has supported for more than 50 years. base and had placed a candidate on the two splitting the independent vote, there justices more difficult. “I’m in favor of merit selection,” said Republican ticket that more of middle- would be no question that Barack Obama “I suspect that despite the ‘maverick’ Groen, “and not just for appellate judges. America could identify with. would be the next president. image,” said Smith, “his campaign has The manner in which we select judges Madonna went so far as to say that “if seen a lurch to the right, and [his base] in Pennsylvania is wrong. It forces very John McCain wins, it’s because of Sarah Brian K. Sims is staff counsel for policy and will get the justices they expect.” Among qualified people to go through the po- Palin,” noting that before her selection planning for the Philadelphia Bar Association. the issues that Smith expected the court litical process.” He notied that often the McCain was trailing in polls in which he might rule favorably on under a Mc- public doesn’t even know who they are is now leading. Groen called her selection Cain presidency were the reversal of Roe voting for. “a test of the American people” asking if Podcast v. Wade, and a federal constitutional Madonna agreed, saying that only “15 Americans are going to vote on “intellec- amendment banning gay marriage. to 20 percent [of citizens] who vote have tual factors or personal feelings.” Spotlight Groen had a seemingly different view a clue about the candidates.” He also “Liberal women think this is insulting Visit philadelphiabar.org to listen to of the current ideological make-up of the discussed the fact that judicial campaigns and appalling,” said Eichel, who noted his the podcast of this program. Supreme Court. “I don’t think we have require several million dollars statewide experience on the campaign trail, adding

14 Philadelphia Bar Reporter October 2008 philadelphiabar.org 2008 bench-bar and annual conference High-Profile Cases Hinge on Fair Coverage, Panelists Say n By Jeff Lyons

Representing a client in a high-pro- file case comes down to ensuring equal media coverage from both sides, a panel of attorneys told the closing session of the Association’s Bench-Bar and Annual Conference on Sept. 21. Panelists Theodore Simon, Neal Son- nett and William “Billy” Martin talked about their experiences in some of their Panelists (from left) Theodore Simon, Neal Sonnett and William “Billy” Martin are introduced by moderator Jami Floyd more famous cases. The panel was moder- (below) of the truTV network. The panelists discussed their experiences representing high-profile clients. ated by Jami Floyd, an anchor on the truTV network. lawyers have an obligation to speak out media glare in Washington, I have no Simon’s clients have included Michael on behalf of judges when they’re being trouble because I know all of the judges. Fay, who was sentenced to caning in attacked. Because what do we have if But when I step out of Washington, all Singapore, and Ira Einhorn. Simon said we don’t have an independent judiciary? hell breaks loose,” he said. that dealing with the media is like being It’s not just representing your clients. It’s “A lot of us owe our experience and in a romantic relationship. “You want to about representing judges and the bar,” knowledge on how to handle high-profile be passionate and you want to be present. Simon said. cases to O.J. Simpson. When O.J. was And you want to be focused. You cer- Sonnett acknowledged that in most first charged, a local affiliate hired me to tainly want to be honest and accurate and high-profile trials, there is inevitably do daily commentary. NBC trained me. I of course, tell the truth. And God forbid, going to be media coverage. “And the had the benefit of a local news anchor re- if you’re asked a question, and you remain threshold of high profile has really sunk ally showing me the skill set that journal- silent, or worse you say ‘no comment,’ ’’ substantially. I remember giving a speech ists use,” he recalled. he said. where I quoted from a 1993 law review Martin’s last trial as a federal prosecu- “Could you imagine, if a loved one article on prejudicial publicity in criminal tor was the case of former Washington said to you, ‘how do I look?’ and there’s trials in which the author said that as Mayor Marion Barry. Martin, a prosecu- no response. Or worse – no comment. early as the 1807 treason trial of Aaron tor for 15 years, said that was the first big I hope you remember that if you’re ever Burr, the U.S. Supreme Court recognized case he’d handled. “When I stepped out confronted with the press and you realize the possibility that pre-trial publicity onto the steps of the court house and saw you must say something other than no might impair a court’s ability to empanel all the cameras, I froze.” comment,” Simon said. an impartial jury,” he said. Photos by Jeff Lyons Martin said a lot of the high-profiles “You have to spend as much time That speech was made before today’s that say a prosecutor should take no ac- cases he’s brought into is because of his thinking about what you’re going to say blogging sensation, Sonnett said. “Now, tion to encourage or assist news media in ability to handle the media. “I’m brought and crafting your message as you do in no matter what’s going on in a court- photographing or televising a defendant in to be the face of the client, whether it’s any type of pleading in any other case. room, you just get into the blogosphere in custody. You see on the news every day a corporate client or an individual. I start The real test is not what you say, but and and you find people talking about what we call the ‘perp walk.’ It violates out with public relations specialists and how you feel the morning after. Are you the trial in real time.” Department of Justice guidelines, it vio- marketing experts who sit in on briefing satisfied with what you’ve said? Or do you A high-profile trial no longer has to lates ethical considerations in almost ev- sessions and help us with what we say. feel like you shouldn’t have said it or you be O.J. Simpson. It no longer has to be ery state, but prosecutors always manage What do you say to the public about your need to start explaining your way out of someone of national or international to have a defendant show up to surrender client, who is a public figure? For that, it,” Simon said. repute, like Gen. Manuel Noriega, one of so they can walk him out and the cameras we need help so we go immediately to One of the most important things to Sonnett’s former clients. “More and more can take his picture,” he said. public relations specialists and ask ‘what consider is that you do no harm and you trials qualify as high profile even on a Sonnett said inflammatory remarks do you do?’ We might do a focus group only act at all times in the interest of your national or regional level,” he said. made by prosecutors at the time of arrest before we do our first public appearance client. “This seems pretty fundamental, “Ultimately, what we are about as are bound to take their toll on people on a high-profile case. We know what the but the media can be pretty seductive. defense lawyers, and what judges are who may later step into the jury box and public is thinking, so we try to address And this is not one place where you want about in the administration of justice is raise their hands to be sworn as jurors. “If those issues,” he said. to be seduced.” ensuring that both sides get a fair trial and you think I’m saying the reason defense He also took on the cause of speaking that the defendant does not have his case lawyers talk to the press is because we’re out on behalf of judges. “All too often, tarnished by pretrial publicity that inter- forced to on some occasions to mete the Podcast judges take bold stances. And because feres with that right. Coverage of trials has criticisms and comments and publicity by they’re doing what they’re supposed to become a wildly new popular reality TV prosecutors, you’re right,” he said. Spotlight do, remaining independent and impartial show that you can see every day. And as Martin said he’s rarely in Washington Visit philadelphiabar.org to listen to and making those tough decisions, they lawyers, we have to worry about how that doing high-profile cases. “Most of my the podcast of this program. get lambasted in the press. And I think impacts on our trial. There are guidelines cases are outside of D.C. With all of the philadelphiabar.org October 2008 Philadelphia Bar Reporter 15 2008 bench-bar and annual conference More Than 400 Learn, Network at Bally’s

City Solicitor Shelley R. Smith (from left) joins Dr. Sean Kathleen Lincoln, Dan- ielle Banks, Kathleen Carignan and Rachel E. Branson at the Sept. 20 Dinner and Concert event at Bally’s Atlantic City. Jeffrey M. Lindy (from left) Charles S. (Chuck) Marion and U.S. District Court Judge Petrese B. Tucker were the panelists for the CLE program “Perspectives on the Similarities and Differences Between Practicing in State and Federal Court on Sept. 20.

Pennsylvania Supreme Court Justice Seamus P. McCaffery (from left) joins Kathy McCarthy and Board of Governors Vice Chair Gaetan Alfano at the Grand Recep- tion on Sept. 19.

For additional photos from the 2008 Bench-Bar and Annual Con- Mark Cohen (from left) is joined by his wife, Carol, Sharon Wilson and Criminal PhotoGallery ference, visit philadelphiabar.org. Justice Section Chair Troy Wilson at the Sept. 20 Dinner and Concert.

The Business Litigation Committee presented Philadelphia Court of Common Pleas Judge Howland Abramson with an inscribed crystal bowl in gratitude for his dedicated service to the Com- merce Case Management Program at a session at the Bench-Bar and Annual Conference on Sept. 20. Judge Abramson left the

Commerce Program on Sept. 8 to become Judicial Team Leader Photos by Jeff Lyons of the 2008 Day Forward Major Jury Program. Administrative The Stylistics perform at the Bench-Bar and Annual Conference Dinner and Concert on Sept. 20. Judge D. Webster Keogh was also present for the ceremony. More than 400 judges and attorneys attended the three-day program at Bally’s Atlantic City.

16 Philadelphia Bar Reporter October 2008 philadelphiabar.org Arts & Media Puccini’s Timeless Work Remains Popular loved his work for the pure beauty they are constantly being bombarded with least as far as Pierce is concerned, a bit less n By Marc W. Reuben find in all of it. Puccini is to opera what musical cues that quietly bring disparate lyrical than might be desired. Even on the the great Russian Tchaikovsky was to the elements of the whole work together. No old acetates the fabled conductor, carried In the nearly 150 years since the symphony. The music is not as conscious- work by Puccini is without a wide variety away with the music, can be heard sing- birth of Giacomo Puccini (Dec. 22, ly elaborate, yet it is all perfectly lovely of musical themes that keep repeating ing with the cast. It remains a remarkable 1858), the fame of this womanizing, and easily appreciated by those fortunate throughout the work to remind listeners document from one of the composer’s hard-smoking and terrifically gifted com- enough to hear it. of the textural influences in the libretto. contemporaries. Other recordings of this poser has risen to the top of the operatic Of all the operas in the cannon of This is the influence of Wagner. The vivid world famous music are headed by the su- heights. works, Puccini’s “La Boheme” is by far color of the music is a vestige of Debussy’s perb rendition conducted by Sir Thomas His music, which sounds disarmingly the most popular. It heads the list of touch. But it is all Puccini, and it seems to Beecham in 1956. The stereo sound is ex- simple and is easy to enjoy by even the most performed operatic works at the sound so simple that one can easily forget cellent and the music is sung by the great most untutored listener, is based on simi- Metropolitan and, no doubt, at other the immense struggle the composer had soprano Victoria De Los Angeles and the lar musical principals to his stylistic idols houses throughout the world. The music with the work. immortal Swedish tenor Jussi Bjorling. Wagner and Debussy. There is intense from this opera has become signature Born in 1858, Puccini studied in To many, this is the top recording of the color in his harmonic tones and thematic enjoyment for generations of listeners. Rome and was able to publish a few or- work, although Renata Tebaldi and Carlo references throughout his operas that Della Reese had a great hit with her chestral compositions while still a student. Bergonzi made a fine recording in the remind us of a variety of textural notions version of “Musetta’s Waltz” from Act In the early 1880s his initial operatic early 1960s conducted by Tullio Serafin. that he wishes us to remember. Although 2 of “Boheme” (“Don’t You Know” work “Edgar” found a moderate degree A most celebrated Mimi in the recording the subliminal message of his work is in 1956). “Boheme” is likely the most of acceptance. At least enough encour- era was the Brazilian soprano Bidu’ Sayao, intense, the music seems unforced and popular opera in the world. It is the story agement for the composer to continue who made her only complete commercial unchallenging to the ear. It is difficult to of poor artists in 1840s Paris. Boy meets writing operas. His first great success was operatic recording with a young Richard remember that Puccini created music that girl, they love, they fight and separate with “Manon Lescaut” in 1893 and “Bo- Tucker in 1946. That record is currently was as thematically suggestive as that of and reunite and then she dies. The heme” came in 1896. There is a famous available from Sony. Sayo and Bjorling the greatest classical masters. It is because penchant Puccini had for sticky, gooey live recording taken from an NBC Radio can be heard in a live recording from the his music is so pleasant and beautiful melodrama is wrapped in a marvelous broadcast in 1946 featuring Arturo Tosca- opening night of the Met season in 1948, that he is often dismissed by critics who coat of glorious music that quickly makes nini (a protégé of Puccini) conducting although the sound is often questionable. suppose that music must be as much a listeners forget how worldly maudlin the the NBC Symphony, with Licia Albanese Still, for those who love the work, it is challenge as a pleasure to hear. Puccini stories actually are. In fact, because of the and Jan Pierce. The performance crackles wonderful to listen to two masters of the overcame that notion and audiences have thematic subtext of his music, listeners with excitement even if the singing is, at continued on page 19

Law Review. WB17 News at Ten since April 2005. Science Degree in Mass Communications Quarterly Weiner leads Deloitte’s 1,000 employ- Before coming to Philadelphia, she from the University of Wisconsin-La continued from page 1 ees in the greater Philadelphia area. was the main anchor and a reporter for Crosse. With over 28 years of proven experi- WTVO-TV, in Rockford, Ill. since 2001. Members will also vote on amend- and to recognize the accomplishments ence, Weiner has a distinguished record She received her master’s in broadcast ments made to the Association’s bylaws. of women everywhere who have helped of service as a strategic adviser helping and print journalism at Emerson College To purchase tickets to the event, visit advance the cause of equality and justice,” companies create measurable value in 2000. She also holds a Bachelor of philadelphiabar.org. said Chancellor A. Michael Pratt. and dealing with issues of importance Prior to 2006, Ackerman served as to their business. Tara currently serves Superintendent of both the San Francisco as an advisory or leadership partner to ATTORNEY DISCIPLINARY / ETHICS MATTERS Unified School District and the District several of the Deloitte U.S Firms leading of Columbia Public Schools. During her clients, wherein she leverages her SEC tenure in San Francisco, the city’s public and regulatory expertise, in addition to schools with, 62,000 students and 117 an in-depth knowledge of the accounting schools, attained five consecutive years of standard-setting process. improved achievement for all groups of This is Young’s second stint with the students while also holding the distinc- convention center; she first joined the tion as the highest performing large urban staff in 1987 as director of affirmative ac- school district in California during the tion and was later promoted to director of last two years of her tenure. sales and marketing and vice president of 0ENNSYLVANIAAND.EW*ERSEYMATTERS.OCHARGEFORINITIALCONSULTATION Gussack is former chair of the Defense sales and marketing. She left in 2000 to 2EPRESENTATION CONSULTATIONANDEXPERTTESTIMONYINMATTERS Research Institute’s Drug and Medical join SearchWide, LLC as vice president INVOLVINGETHICALISSUESANDTHE2ULESOF0ROFESSIONAL#ONDUCT Device Committee, and she is a member of corporate diversity, where she special- of the Product Liability Advisory Council ized in recruiting and retaining senior James C. Schwartzman, Esq. and the International Association of executives for the hospitality and tour- &ORMER#HAIRMAN $ISCIPLINARY"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIA&ORMER&EDERAL0ROSECUTOR Defense Counsel. She also serves on the ism industry, municipal governments, &ORMER#HAIRMAN #ONTINUING,EGAL%DUCATION"OARDOFTHE3UPREME#OURTOF0ENNSYLVANIA Ethics Committee of Wills Eye Hospital museums, cultural institutions, and the Dana Pirone Garrity, Esq. in Philadelphia. transportation industry. 2EPRESENTINGATTORNEYSINDISCIPLINARYETHICSMATTERSFORYEARS!UTHOR3PEAKERONETHICSMATTERS Gussack received her J.D. in 1979 Stoker Smith came to CBS 3 from 1818 Market Street, 29th Floor, Philadelphia, PA 19103 from Villanova University School of Law, WPHL-TV in Philadelphia in December (215) 751-2863 where she was a member of the Villanova 2005 where she has been co-anchoring philadelphiabar.org October 2008 Philadelphia Bar Reporter 17 Heroes of the Bar Reception

Marking the 30th Anniversary Year of the Andrew Hamilton Gala, the Phila- delphia Bar Foundation, along with event sponsor Navigant Consulting, Inc., hosted a pre-gala reception on Sept. 10 to honor the “Heroes of the Philadel- phia Bar” – past Bar Association Chancellors, past Bar Foundation presidents and past chairs of the Andrew Hamilton Gala. The reception was the kick-off event for the Andrew Hamilton Gala to be held Nov. 1 at the 23rd Street Ar- mory as well as an opportunity for the Bar Foundation to unveil its 2008-2012 Goldye Comisky, chair of the 1982 Andrew Hamilton Gala and Marvin Strategic Plan. Pictured above are (from left) Rudolph Garcia, Chancellor- Comisky, chairman emeritus of Blank Rome, LLP; past Chancellor of the Elect Sayde J. Ladov, Marilyn Heffley and Ira W. Bushman. Philadelphia Bar Association and past president of the Bar Foundation.

Ruth Dubois (left photo), chair of the 1983 Andrew Hamilton Gala, is joined by her husband, U.S. District Court Judge Jan E. Dubois, a past Bar Foundation president. Chancellor A. Michael Pratt (right photo) greets Immediate-Past Chancellor Jane Leslie Dalton. The event was held at Trump Tower Philadelphia showroom at One Liberty Place. Photos by Lynne Brown

ads in an ad book. We worked our hearts City Troop Armory on 23rd Street in poor, the homeless, the abused – is our Bar Foundation out, and it raised a great deal of money Center City on Saturday, Nov. 1. Many obligation as lawyers. Please join us at continued from page 11 that year. And it’s continued to raise law firms and our partners in the business the Gala for an incredibly worthy cause money for many years.” community are already signed on as spon- and help make a difference in the lives of Bizar of Buchanan Ingersoll & Rooney The Andrew Hamilton Gala is still sors of the event and more sponsorship other. and his wife, Lisa Brody, associate general the event at which the legal community and ticket requests are coming in daily. counsel for Arkema, Inc. honors those who are “serving the public Funding our public interest legal com- Elaine Rinaldi, a partner at Cozen O’Connor, “The need of the grantee organiza- good.” The Philadelphia Bar Founda- munity – those attorneys who are using is president of the Philadelphia Bar Founda- tions in this time of financial hardship tion Award carries on that tradition and the law to help the quality of life for the tion. motivated me and Lisa to co-chair the is given to a public interest attorney Gala,” said Bizar. “With the example set who is providing direct legal services to by the past chairs and the ongoing success the underprivileged in Philadelphia. In of the event in raising money for legal addition, Citizens Bank has partnered services, we have a high standard to meet. with the Bar Foundation and the Bar But, we have a great team, strong support Association to present the Citizens Bank from our colleagues, and welcome the Pro Bono Award which is bestowed on a challenge.” Philadelphia law firm or corporate legal The Andrew Hamilton Gala has a department that demonstrates outstand- truly historic place in the life of the Bar ing volunteer efforts in providing legal Foundation and the Bar Association. The services to those in need. And through Ball was started because they needed a a generous donation from Morris M. place to give out the Apothaker Award,” Shuster, a fellowship is awarded in his reminisced Goldye Comisky, chair of name to public interest attorneys to help the 1982 event and one of this year’s reduce their debt so the public interest honorees. “Until the year I chaired it, the organizations can keep their talented and Ball wasn’t a fundraiser. I started the idea dedicated staff. of raising money through having sponsor This year’s Gala will be held at the First

18 Philadelphia Bar Reporter October 2008 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Thursday, Oct. 16 p.m., 11th floor Conference Center. event may be subject to change by the committee or section chairs. Law Practice Management Division Lunch: $7.50. Technology Committee: meeting, 12 Friday, Oct. 24 Wednesday, Oct. 1 meeting, 12 p.m., 11th floor Conference p.m., 11th floor Conference Center. Diversity Committee: meeting, 12:30 Delivery of Legal Services Committee: Center. Lunch: $7.50. p.m., 11th floor Committee Room th meeting, 8:30 a.m., 10 floor Board Tuesday, Oct. 7 Family Law Section Executive Com- South. Room. Committee on the Legal Rights of Per- mittee: meeting, 12 p.m., 11th floor Monday, Oct. 27 Rules and Procedure Committee: meet- sons with Disabilities: meeting, 12 p.m., Committee Room South. th Young Lawyers Division Executive Com- ing, 12 p.m., 10 floor Board Room. 11th floor Committee Room South. City Policy Committee: meeting, 12 mittee: Lunch: $7.50. Philadelphia Bar Foundation Board of p.m., 10th floor Board Room. Lunch: meeting, 12 p.m., 10th floor Board Room. Intellectual Property Committee: meet- Trustees: meeting, 12 p.m., 10th floor $7.50. th ing, 12 p.m., 11 floor Committee Board Room. Financial Oversight Committee: meet- Tuesday, Oct. 28 Room South. Lunch: $7.50. ing, 12 p.m., 11th floor Committee Wednesday, Oct. 8 Criminal Justice Section: meeting, 12 Room. p.m., 11th floor Conference Center. Thursday, Oct. 2 Securities Regulation Committee: meet- Lunch: $7.50. Health Care Law Committee: meet- ing, 11:30 a.m., 11th floor Conference Friday, Oct. 17 th Women in the Profession Committee: ing, 12 p.m., 10 floor Board Room. Center. Lunch: $7.50. Corporate In-House Counsel Committee: meeting, 12 p.m., 10th floor Board Lunch: $8.50. Appellate Courts Committee: meet- meeting, 12 p.m., 11th floor Commit- Room. Lunch: $7.50. Civil Rights Committee: meeting, 12 ing, 12 p.m., 10th floor Board Room. tee Room South. Lunch: $7.50. th Financial Oversight Committee: meet- p.m., 11 floor Conference Center: Lunch: $7.50. Philadelphia Lawyer magazine Editorial Lunch: $7.50. Board: meeting, 12:15 p.m., 10th floor ing, 12 p.m., 11th floor Committee Environmental Law Committee: meet- Thursday, Oct. 9 Board Room. Room South. ing, 12 p.m., 11th floor Committee Yom Kippur: Bar Association offices Committee to Promote Fairness: meet- Monday, Oct. 20 Room. closed. ing, 4 p.m., 10th floor Board Room. Quarterly Meeting and Luncheon: 12 Legislative Liaison Committee: meet- Monday, Oct. 13 p.m., Park Hyatt Philadelphia at the Thursday, Oct. 30 ing, 12:30 p.m., 11th floor Committee Columbus Day: Bar Association offices Bellevue, Broad and Walnut streets. Minorities in the Profession Committee: Room South. Lunch: $7.50. closed. Tickets: philadelphiabar.org. meeting, 12 p.m., 11th floor Confer- Friday, Oct. 3 ence Center. Lunch: $7.50. Tuesday, Oct. 14 Tuesday, Oct. 21 LGBT Rights Committee: meeting, 8:30 Lawyer Referral and Information Service Criminal Justice Section Executive Professional Responsibility Commit- th Committee: meeting, 12 p.m., 11th a.m., 11 floor Committee Room. Committee: meeting, 12 p.m., 10th floor tee: meeting, 8 a.m., 10th floor Board floor Committee Room South. Workers’ Compensation Section Execu- Board Room. Room. Elder Law Committee: tive Committee: meeting, 10:30 a.m., Compulsory Arbitration Committee: meeting, 1 p.m., th Cabinet: meeting, 12 p.m., 10th floor 11 floor Committee Room South. th 10th floor Board Room. Lunch: $7.50. meeting, 12 p.m., 11 floor Committee Board Room. Workers’ Compensation Section: meet- Board of Governors: meeting, 4 p.m., Room South. Lunch: $7.50. Employee Benefits Committee: meet- ing, 12 p.m., 11th floor Conference 10th floor Board Room. Solo and Small Firm Committee: meet- ing, 12:30 p.m., 11th floor Committee Center. Lunch: $7.50. th ing, 12 p.m., 11 floor Conference Room South. Lunch: $7.50. Friday, Oct. 31 Monday, Oct. 6 Center. Lunch: $7.50. Women’s Rights Committee: meet- Wednesday, Oct. 22 Business Law Section Executive Com- Delivery of Legal Services Committee ing, 12 p.m., 10th floor Board Room. th Medical Legal Committee: meeting, 12 mittee: meeting, 12 p.m., 11th floor Diversity Program: 8:30 a.m., 11 floor Lunch: $7.50. Committee Room South. Conference Center. Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks Family Law Section: meeting, 12 p.m., Federal Courts Committee: meeting, for luncheons and programs should be made payable to the Philadelphia Bar Association and th 10th floor Board Room. Lunch: $7.50. 12:30 p.m., 10 floor Board Room. mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2955. Send Young Lawyers Division Cabinet: meet- Lunch: $7.50. Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia ing, 12 p.m., 10th floor Cabinet Room. LegalLine: 5 p.m., 11th floor LRIS Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, Pa. 19107-2955. Financial Management Committee: offices. Fax: (215) 238-1159. E-mail: [email protected].

most sensual music ever written. Maybe way into popular culture quite often. the part of the work finished by other Arts & Media even more so than Wagner’s “Liebestod.” It is hard to compress into a few para- composers, Toscanini put down his baton continued from page 17 Gustav Mahler, who was music director graphs the high regard the world holds and turned to the audience. “The Master at the Metropolitan in the 1900s, report- for this lover of sappy stories, who made stopped here,” he told them. But the art of singing do their stuff – even if it is ed that he enjoyed a physical experience them into glorious music. But love his work of this much loved worker of chords but an echo. at the podium each time he conducted work the world does. Most notably, in lives on in performances throughout the Another melodramas that Puccini this romantic music. recent years, the signature aria of the late, world. No one can adequately analyze turned to gold is “Madame Butterfly,” Other famous operatic works by Puc- much lamented Luciano Pavarotti. Nes- the complex structure of the music, and a play produced by Broadway’s David cini include the trilogy - three short works sun Dorma from “Turandot” is a world everyone can comprehend the direct Belasco, and turned by Puccini into the usually performed on the same bill. From favorite. This opera, about an icy princess tales lighted by the score. There is, quite musical drama of innocent love betrayed the most famous of the three comes the who succumbs to a dashing stranger, was simply put, nothing so beautiful as the (a lovely Geisha and an American sailor lilting aria “O Mia Babbino Caro” (from left unfinished at the composer’s death operatic music of Puccini. on leave). This tragic story is filled with Gianni Schichi” a comic opera). The in 1924. It was written with Caruso in musical favorites (“Un Bel Di Vedremo” music was the background of the 1980 mind. But he died in 1921 and the first Marc W. Reuben, a sole practitioner, is an ad- and the “Humming Chorus”) not to film “A Room With A View” and was tenor became Giovanni Martinelli. The visory editor of the Philadelphia Bar Reporter. mention the love duet between Butterfly popularly enjoyed by record buyers. Also premiere was conducted by Toscanini He has been writing about the arts and media and Pinkerton. Perhaps this duet is the “La Rondine,” arias from which find their in Milan in 1924 and when it came to since 1973. philadelphiabar.org October 2008 Philadelphia Bar Reporter 19 Judge Richette’s Portrait Unveiled Pro Bono Training Sessions Planned Attorneys interested in volunteering for a pro bono case can attend a number of training programs of- fered by the Delivery of Legal Services Committee’s Pro Bono Committee. The subcommittee, co-chaired by Sara Woods, executive director of Philadelphia VIP, and Marsha Cohen, executive director of Homeless Advocacy Project, developed a con- tinuum of volunteer training programs that are scheduled throughout the year to facilitate increased pro bono work and help address the vast unmet legal needs in the com- munity. Upcoming pro bono training programs that are offered this fall, which are open to all members of the bar, include: • Veterans Law training conducted by Michael Taub, Homeless Advocacy Project, on Friday, Oct. 17 or Mon- day, Nov. 10, from 9 a.m. to 12 p.m. at Dechert LLP, Circa Center, 2929 Arch St., 21st floor. This program will A portrait of the late Philadelphia Court of Common Pleas Judge Lisa A. Richette was unveiled on provide three substantive CLE credits in exchange for han- Sept. 11 at the Judge Nicholas A. Cipriani Family Court Building. Pictured from left are Judges Kevin M. Dougherty, C. Darnell Jones II, Louis J. Presenza and Justinian Society Chancellor Gina Furia dling a pro bono case referred by HAP. To register, contact Rubel, Robert D. Aversa, and Judges Anthony J. DeFino and Annette M. Rizzo. Marsha Cohen at [email protected]. • Philadelphia VIP’s Pro Bono Opportunities Day will be held Wednesday, Oct. 22, from 8:30 a.m. to 12 p.m. at “By criminalizing drugs, that’s why you have drug Montgomery, McCracken, Walker & Rhoads, LLP, 123 Chancellor’s Forum deals on the corner,” Rudovsky noted. “We get violent S. Broad St. This program will offer attendees the choice continued from page 4 crimes because of the drug laws.” of attending one of the following four training programs: Strides are being made, however. Capt. Holmes probate, name change, wills, and consumer law. VIP will straw purchase of handguns and has led to over 200 explained that the police now use a “directed patrol” provide two free substantive CLE credits in exchange for arrests since its formation. method that targets specific areas within neighborhoods, handling a pro bono case referred by VIP. Registration fee Abraham and Deputy Mayor Gillison detailed the based on computer crime models, crime statistics, of $45 includes breakfast and training materials. To register, ways in which ordinances that address gun control have patterns and intelligence briefings. The police presence contact Tanya Rambert at [email protected] or 215- been both upheld and struck down. For example, the lends to an increased feeling of safety and an enhanced 523-9550 by Oct. 9. “lost and stolen gun” ordinance that provides for civil understanding of other neighborhood concerns. Using • Mortgage Foreclosure, an all-day training program on fines for failing to promptly report a lost or stolen gun technology, too, with the aid of community and govern- Wednesday, Nov. 5, is sponsored by the Association’s Real was recently upheld. Abraham and Gillison vowed to mental partnerships, have helped to better analyze and Property Section, Business Law Section, Community Legal continue to argue for stronger gun control before the combat crime. Services, Philadelphia Legal Assistance, and Philadelphia state legislature. “We’re actually able to, with data, now really hone in VIP. Contact VIP for further details about this all day train- Despite shifting crime statistics, Rudovsky noted “the on to target the resources that we have,” said Gillison, ing program at 215-523-9550. one constant which continued through the last year is deputy mayor for public safety. “In an era of declining • Support Center for Child Advocates, “How to Handle our insistence, unfortunately, on mass incarceration.” resources, we really have to figure out what’s working, A Child Abuse Case” volunteers training workshop, will Citing a national incarcerated population of 2.3 million support that,” and discontinue efforts that do not work be held Wednesday, Nov. 19, from 8:30 a.m. to 4:30 p.m., people, Rudovsky noted that Philadelphia has mirrored as well, Gillison noted. at PBI CLE Conference Center on the 10th floor of the the national growth rates of prison populations, growing All of the panelists recognized that resources to man- Wanamaker Building. This program will provide six CLE almost seven times over the last 25 years. age the criminal justice system are at a premium. “You credits. For registration and fee details, contact PBI at “We continue after 40 years of an unwinnable war can only work so much in a day, you can only push your 1-800-932-4637 or www.pbi.org. on drugs to spend almost a third of our criminal justice staff so much,” Judge Minehart said, adding that the • Ethics of Pro Bono program will be Friday, Dec. 5, resources on prosecuting drug offenders.” Over a third system can’t handle the current caseload. Roughly 2,000 from 12 to 2:15 p.m., at the Bar Association, 1101 Market of the prison population is incarcerated on drug charges arrests are made each week in the city. St., 10th Floor Board Room. This program is sponsored alone. Rudovsky compared the situation to smoking, “The question now becomes, how do we pay for it,” by Philadelphia VIP. For more information about this which has steadily declined through society’s use of Gillison said. Focusing resources that address recidivism program, contact VIP at 215-523-9550. methods outside of using the criminal justice system to rates are key to success, he said, expressing his frustration If you would like to learn more about pro bono op- deter behavior. in looking for locations for drug treatment centers, for portunities in Philadelphia, you may want to attend the “No drug offense is non-violent,” Abraham re- example, and being confronted commonly with a “not Pro Bono Open House Fair, a free special event that will sponded. “I’ve been to more community meetings than in my backyard” reaction. be held on Tuesday, Oct. 28, from 4 to 5:30 p.m., at Blank probably anyone in this room and the one thing people “This is a question of priorities for us in this coun- Rome LLP, Comisky Conference Center, One Logan want – they want people to be stopped on the street and try and this is a question of resources,” Chancellor A. Square, 130 N. 18th St. This free event is open to all mem- stop selling drugs.” Michael Pratt noted, and thanked the Criminal Justice bers of the bar. Representatives from local pro bono referral “You show me somebody who’s dealing drugs on your Section, the City Policy Committee, and the Young programs and public interest law centers will be available block, a so-called non-violent offender and I’ll show you Lawyers Division for their work in putting the program to speak informally about volunteer opportunities at their a whole cadre of people who are knocking off houses, together. organizations. This event is sponsored by the Association’s stealing cars, beating up old ladies, mugging grand- Law Firm Pro Bono Committee, co-chaired by Kathy moms, committing crimes – they’re not non-violent.” Kathryn C. Harr, an associate with Trujillo Rodriguez & Ochroch, Blank Rome LLP, and Mary Gay Scanlon, Bal- Abraham said that many prisoners may be in custody Richards, LLC, is an associate editor of the Philadelphia Bar lard Spahr Andrews & Ingersoll, LLP. Light refreshments on one particular occasion on a drug charge, but have Reporter. will be provided. To register, contact Annette Romano at committed violent crimes in the past. [email protected] or 215-231-3442 by Oct. 24.

20 Philadelphia Bar Reporter October 2008 philadelphiabar.org Notice to Philadelphia Bar Association Members RESOLUTION TO AMEND THE BYLAWS 300(A)(1)(c), consisting of three classes of five Members each, compensation for the staff shall be within the personnel Section 300 to the office of Chancellor or Chancellor-Elect, WHEREAS, the Charter and Bylaws Committee has conducted who shall serve for a term of three years, one class being budget set by the Board. respectively. Instead, those offices shall be filled by election at a comprehensive review of the Association’s Bylaws to elected each year; 3. All employees of the Association shall be employed at will. the next Annual Meeting. determine whether any existing provisions should be updated 6. three persons appointed by the Chancellor pursuant to 4. The salary and benefits for the Executive Director shall be E. Service as Acting Chancellor, Acting Chancellor-Elect or or revised; Section 208(D), each of whom shall serve for a term of three set after consultation with and approval by the Chancellor- Acting Vice Chancellor by appointment of the Board shall not WHEREAS, the Charter and Bylaws Committee has prepared years, one person being appointed each year; and Elect and Vice Chancellor. Such compensation shall be within make such person ineligible under Section 209 for subsequent a detailed report describing the issues it considered and the (a) In order to transition the 208(D) appointments from two the approved annual budget. The Association may enter into an election as Chancellor, Chancellor-Elect or Vice Chancellor. changes it recommends; members with two year terms to three members with three employment agreement with the Executive Director so long as F. In the event of vacancies at the same time in all three of the WHEREAS, the Cabinet has suggested certain additional year terms, the 2008 Chancellor shall on or before January 15, the agreement: offices of Chancellor, Chancellor-Elect and Vice Chancellor, the changes; 2008, appoint one member to a term ending December 31, a. does not exceed two years in duration; Board shall appoint an Acting Chancellor and may also appoint WHEREAS, the Board of Governors has considered the 2009 and one member whose term shall expire December 31, b. affirmatively maintains an at-will relationship; an Acting Chancellor-Elect or an Acting Chancellor-Elect and an Charter and Bylaws Committee’s report and agrees with its 2010. As of January 15, 2009 and each year thereafter, the c. does not obligate the Association to any compensation or Acting Vice Chancellor. The meeting at which such recommendations and the additional changes suggested by Chancellor shall appoint one member to a three year term as benefits beyond the Executive Director’s last day of appointments are made shall be held as soon as practicable. the Cabinet; defined by 208(D); employment; and The Board shall select one of its elected members to chair the NOW, THEREFORE, BE IT RESOLVED that the Board of 7. the Chair and Chair-Elect of the Young Lawyers Division. d. takes effect in the fiscal year immediately following such meeting from among those present who commit not to accept Governors hereby approves the amendment of Sections 8. the Chair of the Law Practice Management Division. approval and (ii) may not extend beyond the end of the fiscal an appointment to any of the vacancies. At the next Annual 104, 208, 210, 211, 213, 215, 304, 504, 602 and 1002 of the B. The Chancellor immediately prior to the immediate past year following the fiscal year in which the contract of Meeting, or sooner if the Board calls a special election, the Bylaws as shown on the attached black-lined versions of those Chancellor and, the President of the Philadelphia Bar employment first takes effect. Members shall elect candidates for all three offices. The sections, and approves the submission of those amendments Foundation shall be ex officio non-voting members of the 5. The specific economic terms of all employee compensation, candidates so elected shall begin their service upon to the Members, in accordance with Section 1100.A.1 of the Board. C. The, the Editor of The Philadelphia Lawyer, the Editor including that in any written contract, need not be published, certification of their election. If such service is for a partial Bylaws; of the Philadelphia Bar Reporter, the Association’s delegates so long as the Chancellor, Chancellor-Elect and Vice Chancellor term, each such elected candidate shall continue to serve in AND BE IT FURTHER RESOLVED that the amendments be to the American Bar Association’s House of Delegates, and the are advised of the terms and they are within the approved the same position for the following one-year term. published and submitted to the Members for their approval, in Association’s Zone Governor to the Pennsylvania Bar budget. G. Any vacancy in the office of Secretary, Treasurer, Assistant accordance with Section 1100.B of the Bylaws. Association’s Board of Governors, and the Presidents of the 6. In addition to the foregoing concerning employment Secretary or Assistant Treasurer, or of an elected member of PHILADELPHIA BAR ASSOCIATION Philadelphia Association of Paralegals, the Greater agreements for then active employees, the Board may the Board, shall be filled by appointment of the Board, to serve BOARD OF GOVERNORS Philadelphia Legal Marketing Association and the Philadelphia authorize post-employment severance or consulting until the next Annual Meeting and until a successor is ADOPTED: JULY 31, 2008 Legal Secretary’s Association shall be entitled to be present agreements, which may extend and/or be paid out over more qualified. REVISED BYLAW SECTIONS and to be heard at all meetings of the Board. as ex officio than two years. Payments due in any year must be included in H. In the event of a vacancy with respect to a representative Section 104. Expulsion or Suspension or Disbarment from non-voting members of the Board. that fiscal year’s budget. of a Section or Division or a member appointed by the Practiceof Member. D. C. On or before January 15 of each year, the Chancellor, C. The Board shall invest and reinvest the funds of the Chancellor, the vacancy shall be filled by the Section, Division A. A Member shall be expelled as a Member upon receipt of upon consideration of the recommendation from the Association as it deems wise. The Board may buy, sell and and the Chancellor, respectively. Each person appointed to fill a notice that the Member has been disbarred from any court of Committee on Minorities in the Profession with respect to lease any real or personal property on behalf of the vacancy shall serve until the end of the calendar year in which record. such appointment, shall appoint a Member who is a member of Association, on such terms as it deems best, and authorize any the person is appointed and until such person’s successor is B. A Member shall be suspended as a Member upon receipt of a racial minority as a member of the Board, pursuant to Officer or Officers to execute any instrument required to elected or designated and qualified. notice that the Member has been suspended from practice Section 208(A)(6). effectuate the foregoing. EI. A person appointed under Section 215(CG) to fill the before any court of record. Such suspension as a Member D. The Chancellor may also appoint a Member as Counsel to D. The role of the Committees, Sections and Divisions as set unexpired term of a member of the Board shall be deemed to shall continue until such time as (1) the suspension has been serve at the Chancellor’s pleasure as an ex officio non-voting forth in the Bylaws is not intended to and shall not in any way have been elected by the Members. lifted by the court that imposed the suspension, and (2) the member of the Board. limit the power of the Board to act on any issue. Section 304. Quorum at Meetings. Board has determined to lift such suspension as a Member. E. No member of the Board may designate another person to Section 213. The Cabinet. At all meetings of the Members, stated or special, 100 C. A Member also may be suspended and/or recommended for represent such member at a meeting of, or to cast any vote in The Cabinet of the Association shall meet at the call of the Members shall constitute a quorum. If no quorum is present expulsion as a Member by majority vote of the Officers for the deliberations of, the Board. Chancellor to render such advice and give such assistance as within a reasonable time after the hour fixed for any meeting, good cause, including, but not limited to, conduct that Section 210. Procedure; Quorum. the Chancellor may request. The Cabinet shall consist of the the Members present may fix a time to which the meeting shall unreasonably interferes with or disrupts the business of the A. The Board shall, at its first meeting in each calendar year, Officers, the Chair of the Board, the Chair of the Young stand adjourned. Association. Any such Member shall be provided with written select from among its members elected by the Members Lawyers Division and such other members of the Section 504. Indemnification and Limitation of Liability. notice of the decision and the reasons for the suspension and/ pursuant to Section 300 (A)(1)(c) a Chair of the Board and a BoardMembers as the Chancellor may appoint. The Cabinet (A). Limitation of Liability: To the fullest extent permitted by or recommendation within ten business days. Vice Chair of the Board. The first meeting in each calendar shall meet at the call of the Chancellor to render such advice Pennsylvania law, as then in effect, a member of the Board D. Any Member suspended pursuant to Section 104(C) may year shall be called by the Chancellor and shall be held at such and give such assistance as the Chancellor may shall not be personally liable for any action taken or for any appeal to the Board within ten business days after receiving time, place and date as shall be set forth in the notice of the requestChancellor appointments serve at the Chancellor’s failure to take action as an Officer or as a member of the notice of the decision, by delivering notice of the appeal to the meeting. Subsequent regular meetings of the Board shall be pleasure but, in the event the appointment is of a Member who Board. The foregoing limitation of liability shall be retroactive Executive Director by certified mail, return receipt requested, held at such times, places and dates as the Board shall is not a member of the Board, the appointment shall be subject to the fullest extent permitted by law. or by receipted hand delivery. Such Member shall be entitled to determine. Special meetings may be called by the Chancellor to approval of the Board. Unless the Chancellor concludes the (B). Indemnification: a reasonable opportunity to be heard by the Board before the or the Chair of the Board. The person calling the meeting shall appointment earlier, all Chancellor appointments expire with 1. The Association shall indemnify any person who was or is a appeal is decided. Once the Board decides the appeal, its fix the time, date and place of the meeting. the appointing Chancellor’s term. party or is threatened to be made a party to any threatened, decision shall be final, with no further right of appeal. B. Except as otherwise provided by these Bylaws, eighteen Section 215. Absence or Disability of Officers;Vacancy in pending or completed action, suit or proceeding, whether civil, E. Any Member recommended for expulsion pursuant to (18) members of the Board eligible to vote shall be necessary Office. criminal, administrative or investigative (and whether by or in Section 104(C) shall have a right to a trial before the Board on to constitute a quorum for the transaction of business, and the A. In the event of aAny vacancy in the office of Chancellor, the the right of the Association) by reason of the fact that the reasonable notice and with a reasonable opportunity to be acts of a majority of the members of the Board eligible to vote Chancellor-Elect shall become Chancellor and shall serve until person is or was an Officer or a member of the Board or is or heard. The decision of the Board shall be final, with no further present at a meeting at which a quorum is present shall be the the second January 1 after assuming office shall be filled by was serving at the request of the Association as an officer, right of appeal. acts of the Board. The members of the Board present at a duly the first available of the following: the Chancellor-Elect, the director or representative of another association, corporation, F. All proceedings under subsections C, D and E above shall be organized meeting can continue to do business until Vice Chancellor, or an Acting Chancellor appointed by the partnership, joint venture, trust or other enterprise, against conducted in accordance with rules promulgated by resolution adjournment, notwithstanding the loss of a quorum. Board. If such succession by an elected Chancellor-Elect or expenses (including attorney’s fees), judgments, fines and of the Board. C. Any action which may be taken at a meeting of the Board Vice Chancellor is for a partial term, he or she shall continue amounts paid in settlement, actually and reasonably incurred G. Any Officer, the Executive Director, or any employee may be taken without a meeting if consent or consents in to serve as Chancellor for the following one-year term. by the person in connection with such threatened, pending or designated by the Executive Director, shall have the authority writing setting forth the action so taken shall be signed by all B. In the event of aAny vacancy in the office of Chancellor- completed action, suit or proceeding. Indemnification shall be to use any lawful means to cause the removal of a Member the members of the Board entitled to vote and filed with the Elect, the Vice Chancellor shall become Chancellor-Elect and automatic and shall not require any determination that from the Association headquarters or any Association event Secretary. shall serve until the expiration of the term of the then- indemnification is proper, except that no indemnification shall for good cause, including, but not limited to, conduct that D. All matters concerning the conduct of meetings of the Board Chancellor and thereafter shall succeed to the office of be made in any case where the act or failure to act giving rise unreasonably interferes with or disrupts the business of the not provided in these Bylaws shall be determined by the Board Chancellor, serving in that office for a one-year term, and until to the claim for indemnification is determined by a court to Association. from time to time. a successor is elected and qualified shall be filled by the first have constituted willful misconduct or recklessness. Section 208. The Board. Section 211. General Powers of the Board. available of the following: the Vice Chancellor, or an Acting 2. Representatives of the Association. The Association may, at A. The members of the Board entitled to vote, shall be A. The Board shall have general charge of the business and Chancellor-Elect appointed by the Board. An elected Vice the discretion of, and to the extent and for such persons as 1. the Officers, all of whom shall serve for a term co-extensive affairs of the Association and shall carry out such other duties Chancellor who has succeeded to Chancellor-Elect for a partial determined by the Board, indemnify any person who neither is with their respective terms of office; as are required by these Bylaws. term under this Section 215(B) shall continue to serve as nor was an Officer or member of the Board but who is or was 2. the immediate past Chancellor; B. Management of the Professional Staff. Chancellor-Elect for the following one-year term if the a party or has threatened to be made party to any threatened, 3. the immediate past Chair of the Board; 1. The Board shall appoint and may remove the Executive Chancellor serves an additional term pursuant to Section pending or completed action, suit or proceeding, whether civil, 4. a representative of each Section designated by the Section Director and other employees of the Association and shall fix 215(A). criminal, administrative, investigative (and whether by or in and then serving as a member of the highest executive body of their salaries and other terms of employment. The employment C. In the event of aAny vacancy in the office of Vice Chancellor, the right of the Association) by reason of the fact that the the Section who shall serve for a term of one year (provided of thewith or without cause. Secretary, Treasurer, Assistant Secretary or Assistant person is or was a representative of the Association, against that no such representative shall serve for more than three 2. The Executive Director and other employees shall be at will Treasurer, or with respect to an elected member of the Board, expenses (including attorney’s fees), judgments, fines and consecutive one-year terms); the Chair of each Section shall unless the Board specifically approves a written contract of the vacancy shall be filled by appointment of the Board, to amount paid in settlement, actually and reasonably incurred by notify the Chair of the Board on or before December 31 of employment for a specific period which, in any event, (i) must serve until the next Annual Meeting and until a successor is the person in connection with such threatened, pending or each year of the identity of the person designated by the take effect in the fiscal year in which approval is given orshall qualified shall be filled by an Acting Vice Chancellor appointed completed action, suit or proceeding. Section to serve as a member of the Board during the be responsible for hiring, setting the organizational structure by the Board. 3. Advancement of Costs. In the case of any person following calendar year as a representative of the Section; and compensation for and evaluating the professional staff D. An Acting Chancellor-Elect or Acting Vice Chancellor indemnified by the Association, the Association shall pay such 5.15 persons elected by the Members as provided in Section necessary to carry out the mission of the Association. The appointed by the Board shall not automatically succeed under continued on page 22

philadelphiabar.org October 2008 Philadelphia Bar Reporter 21 Sunah in the City Generation Gap and Discussion Over Authenticity

Growing up, I had By Sunah Park Koh, the Korean Ameri- had a friendly disagree- can dean of the Yale Since I was born in Korea, he always insisted that ment with my father Law School. Dean Koh about my identity. Since gave an utterly inspiring I was Korean and that no matter how well I spoke I was born in Korea, he speech that resonated English, I would never be considered American always insisted that I personally for me since was Korean and that no he spoke of Korean because of how I looked. matter how well I spoke American lawyers and English, I would never our place in this society. be considered American He left the audience because of how I looked. with a reference to a bowed to the two men and said “hello” to I saw my father after the conference I argued that even “bridge, beacon, ladder them in Korean. when I went home for Chusok, the though I was born in and boat” (to serve as a And then my spotty knowledge of the Korean Thanksgiving. As we were eating, Korea, I was raised and lived in America bridge between two worlds, a beacon to nuances of polite Korean speech undid I told my father that I had called a couple and therefore, I was Korean American. I lead and shine from the dark, a ladder to me. Having worked at my parents’ Kore- of male attorneys “uncles,” and he burst was reminded of this running argument help those who come after us to climb an grocery store growing up, I only knew out laughing. I laughed with him, but over the past weekend. up, and a reminder that we are all in the to address an older Korean man as ah juh reminded him that my faux pas proved In September, more than 100 Korean same boat). shi (uncle). Thus, when speaking with the that I could never pass for a “Korean” if I lawyers from literally all over the world I was so moved by Dean Koh’s speech two male Korean lawyers, I asked them ever went back to Korea. As he watched met in Philadelphia for the 16th annual that I wanted someone to gush to. Rec- in my fractured Korean “Uncles, did me inhale a man-size helping of tradi- International Association of Korean ognizing a Korean American lawyer from you enjoy the speech?” From the slightly tional rice cake soup and adroitly use Lawyers Conference. Truth be told, I had Los Angeles whom I had met years earlier surprised but amused looks on their my chopsticks to pick the scallions out never heard of the organization until a lo- at another conference, I gave him a big faces, I surmised that in a professional of the kimchee, he remarked, “Actually, cal Korean American lawyer asked me to hug in greeting. He was with two older setting, calling fellow attorneys, “uncles” if you don’t talk but eat the way you do, participate in the conference. Since I can male lawyers from Korea who, upon may have been a bit too familiar. I later you could definitely pass for Korean in never say no, I readily agreed to moder- witnessing our friendly greeting, imme- learned that I was supposed to call them Korea.” ate the Women Lawyers panel. The panel diately remarked about the difference in by their title, byun hoh sah nim (literally, discussion turned out to be a fascinating greeting between Americans and Koreans. attorneys). But considering I had never Sunah Park, a partner at Thorp Reed & event, even if I say so myself. Since I had been taught from an early age learned to address a Korean attorney be- Armstrong, LLP, is editor-in-chief of the Phila- The highlight of the conference was that whenever you meet older Korean fore in Korean, I was just relieved I didn’t delphia Bar Reporter. a dinner with featured speaker, Harold folks you bow when you greet them, I call them something else by mistake.

for a term of four years each, one term expiring on December C. The following shall be the quorum requirements for B. The Chancellor shall be the principal spokesperson of the 31 each year, with a limitation of two consecutive four-year meetings of the Commission: Association. The Chancellor shall have authority to speak for Bylaws terms. Thereafter, the member shall be eligible for 1. Quorum: For the transaction of business other than that of the Association continued from page 21 reappointment to the Commission after a lapse of 11 months determining whether a candidate is recommended for judicial 1. in furtherance of any action or position taken by the Board expenses in advance of the final disposition of such action, suit from the expiration of the member’s term. The Chancellor, on office, a majority in number of the members of the Commission or by the Association; and or proceeding, upon receipt of an undertaking by or on behalf or before January 15 of each year, shall appoint with the shall constitute a quorum. Notwithstanding the loss of a 2. on other matters, when not in conflict with a previously of such person to repay such amount if it shall ultimately be approval of the Board, the successor to the lawyer member quorum, the members of the Commission present at a duly adopted policy of the Association whether expressed by the determined by a court of competent jurisdiction that such whose term expired on December 31 of the previous year. organized meeting can continue to do business until Board or by resolution duly passed by the Members. The person is not entitled to be indemnified by the Association. 3. Non-Members of the Bar: four persons who are not adjournment. Chancellor may delegate such authority to another Member Section 602. Commission on Judicial Selection and Retention; members of the Bar, two of whom shall be appointed by the 2. Super Quorum: For determining whether a candidate is when the Chancellor may be unavailable or when the Quorum; Chair; Vice Chair; Vacancies. Chancellor each year, with the approval of the Board, to serve recommended for judicial office, the quorum requirement shall Chancellor concludes that having such person speak for the A. The Commission shall implement the policies of the for terms of one year and two of whom shall serve for a term be increased to that number set by the Commission, and the Association will best serve the goal, position or result desired. Association set forth in Section 600. of two years each, one term expiring on December 31 each vote of a majority plus one of the members of the Commission C. The Association’s ABA Delegates and Zone Governor to the B. The Commission shall consist of 30 persons, each of whom year, with no limitation on the number of terms. Such persons present at a meeting at which a super quorum remains Pennsylvania Bar Association’s Board of Governors may speak shall be entitled to vote, as follows: shall be selected from the public at large and be persons of present and voting shall constitute the acts of the Commission. for the Association in order to carry out their duties, as 1. Ex officio Members: the Chancellor; the Chancellor-Elect; recognized standing, judgment and independence, who have D. The Chair of the Commission shall be a Regular Member and directed by the Chancellor or the Board, or in the absence of the Vice Chancellor; the District Attorney of Philadelphia; the demonstrated their interest in the administration of justice in shall be named by the Chancellor on or before January 15 of such direction, as they deem appropriate to advance the City Solicitor of the City of Philadelphia; the Chief Defender of Philadelphia. The Chancellor, on or before January 15 of each each year to serve for a term coincident with the Chancellor’s interests of the Association. the Defender Association of Philadelphia; the United States year, shall appoint, with the approval of the Board, the term, but no person shall serve as Chair for more than three D. The Chancellor shall have the right, in the Chancellor’s Attorney for the Eastern District of Pennsylvania; either the successors of the members appointed pursuant to this Section years in succession. The Vice Chair of the Commission shall be discretion, to grant to a Committee, Section or Division of the Chair or the Executive Director of Community Legal Services as 602(B)(3) whose terms expired on December 31 of the a Regular Member and shall be named by the Chancellor-Elect Association the right to speak or present a statement on designated by its Board; the Chair of the Criminal Justice previous year. on or before January 15 of each year to serve for a term matters within its primary or special expertise and jurisdiction Section; the Chair of the Young Lawyers Division; the Chair of 4. Member of the Board of the Philadelphia Trial Lawyers coincident with the Chancellor-Elect’s term, but no person shall subject to the following conditions: the Family Law Section; the Chair of the Probate and Trust Association: a member of the Board of the Philadelphia Trial serve as Vice Chair for more than three years in succession. 1. The statement must not be in conflict with previously Section; the Chair of the State Civil Litigation Section; the Chair Lawyers Association as designated by its Board, to serve for a E. Vacancies in the appointed members of the Commission adopted policy of the Association as defined above and must of the Women’s Rights Committee; the Chair of the Municipal term of two years, with a limitation of three consecutive shall be filled by appointment of the Chancellor, with the have been authorized by the Committee, Section or Division; Court Committee; the President Judge of the Court of Common two-year terms. Thereafter, the member shall be eligible for approval of the Board. and Pleas of Philadelphia County; the President Judge of the reappointment to the Commission after a lapse of 11 months Section 1002. Representation of the Association, Committees 2. The statement must make it clear that it is being presented Philadelphia Municipal Court; the President of the Barristers’ from the expiration of the member’s term. and Sections; Press Releases. only on behalf of the Committee or Section or Division and that Association of Philadelphia; the President of the Hispanic Bar 5. Member of the Board of the Philadelphia Association of No Member, Committee, Section, Division, Officer or Board such statement does not necessarily represent the views of Association of Pennsylvania; and the President of the Asian- Defense Counsel: a member of the Board of the Philadelphia member shall speak or purport to speak for the Association or the Association. E. All rights of the Chancellor under this Section shall, in the American Bar Association of the Delaware Valley. Association of Defense Counsel as designated by its Board, to for the Board, any Committee, Section or Division except as D event the Chancellor is unavailable, be exercised by the first of 2. Members of the Association: four individuals who are serve for a term of two years, with a limitation of three otherwise specifically provided in this Section 1002: the following Officers who shall be available: Chancellor-Elect, Regular Members of recognized standing, judgment and consecutive two-year terms. Thereafter, the member shall be A. The Board may expressly authorize a Member or class of Vice Chancellor, Chair of the Board, or Vice Chair of the Board. independence, one of whom shall be appointed by the eligible for reappointment to the Commission after a lapse of Members to speak for the Association on a specified subject, Chancellor each year, with the approval of the Board, to serve 11 months from the expiration of the member’s term. goal, policy or matter.

22 Philadelphia Bar Reporter October 2008 philadelphiabar.org Office for Diversity Firms Need to Link Diversity, Business Goals “None of us got where we are solely by employer within one By Sean Kathleen Lincoln tives, these diversity pulling ourselves up by our bootstraps. We year. Of the 11 percent plans and programming Diversity and inclu- got here because somebody – a parent, a of men who are seeking may not accurately teacher, an Ivy League crony or a few nuns – new employment, 15 reflect the goals that the sion becomes even bent down and helped us pick up our boots.” percent are Asian, 16 organization is reaching more significant for Thurgood Marshall percent are African to achieve. American and 18 per- As with other change firms and business We continue to look at the impor- cent are Latino. (NALP, management mecha- as does linking di- tant statistics that create meaning for 2008) Finally, we have nisms, diversity and diversity initiatives – nearly 50 percent of all heard that the nation inclusion initiatives versity to strategic all law students are female; 35 percent of will be “minority major- support organizational and business goals. all associates are diverse with this figure ity” by 2050. However, planning and contribute rising to an estimated 40 percent in five the U.S. Census Bureau to the achievement of years (ABA). Sixteen percent of all female indicates that this will happen by 2042. fiscal and human resources goals. Person- lowed a seat at the table, included in the associates who were within seven years Given the above information, diver- nel who are not kept apprised of organi- planning process and kept abreast of di- of passing their first bar expected to leave sity and inclusion becomes even more zational strategic plans and goals cannot rectional changes. When this is done well, their current employer within one year significant for firms and business as does and should not be held responsible then diversity program components – as compared with 11 percent of all male linking diversity to strategic and business either for not contributing to these plans including diversity training, success plan- associates. goals. Diversity committees and diversity and goals and/or making contributions ning, leadership development, network/ This figure for women, when broken personnel (staff responsible for diversity that are useful to these goals. Similarly, affinity groups, coaching or mentoring, down, becomes even more significant – programming) need to fully understand staff responsible for their organization’s business development, work-life balance 21 percent of Latinas, 23 percent of Asian the firm’s business goals and be included diversity initiative who are not supported programs, and diverse lateral and associate females and 29 percent of African Ameri- in strategic planning so that they can by management in their programming recruitment and hiring strategies/activities can females as compared to 14 percent align their diversity initiatives with their cannot be held solely responsible for the – can then be developed consistent with, of white women are looking for another company’s goals. If they are not included initiative’s lack of success. and supportive of, a strategic plan. employer or expect to look for another or kept abreast of organizational initia- Unintentionally excluding staff from Similarly, “diverse” individuals need to strategic organizational planning pro- have certain and necessary knowledge in cesses or business development goal order to be successful. This knowledge in- INCORPORATION setting is parallel to the unintentional cludes not simply understanding the law, exclusion of “diverse” individuals from but understanding the unwritten rules AND critical meetings and important business of the firm or organization. A seat at the or case information. Equally important is table and an open door allows individu- LIMITED LIABILITY the unintentional exclusion of staff from als to gain the necessary skills, knowledge receiving vital information regarding the and expertise to become a valuable con- COMPANY FORMATION organizational culture or traditions. Most tributing member of the firm. Program frequently, systems and organizations components such as those mentioned CONVENIENT, COURTEOUS SAME DAY SERVICE hold the individual responsible for this above contribute to the success of the lack of knowledge and understanding business by contributing to the success of without determining how this occurred the individual. PREPARATION AND FILING SERVICES IN ALL STATES and how it could be remedied. CORPORATION OUTFITS AND In truth, diversity committees/person- Sean Kathleen Lincoln, Ph.D., is director of LIMITED LIABILITY COMPANY OUTFITS nel want to be successfully aligned with the Office for Diversity for the Philadelphia a firm’s or organization’s plans and goals. Bar Association. SAME DAY SHIPMENT OF YOUR ORDER But this can only occur when they are al-

CORPORATE STATUS REPORTS UCC, LIEN AND JUDGMENT SEARCH SERVICES YLD Family Fest Oct. 19 at Zoo DOCUMENT RETRIEVAL SERVICES The Young Lawyers Division will dessert. Access to Pavilion is available hold its 2008 Family Fall Festival on between 11 a.m. and 3 p.m. Sunday, Oct. 19 at the Philadelphia Zoo, Admission is $20 for adults and $12 M. BURR KEIM COMPANY 3400 Girard Ave. for children ages 2 to 12. Children under SERVING THE LEGAL PROFESSION SINCE 1931 Admission includes all-day access to 2 are admitted for free. Activities include the zoo between 9 a.m. and 5 p.m. The the Zoo on Wheels from 12 to 2 p.m. YLD Family Fall Festival event will be and face painting from 12:30 to 1:30 2021 ARCH STREET, PHILADELPHIA, PA 19103 held from 12 to 2 p.m. at the Peacock p.m. Children are encouraged to dress in PHONE: (215) 563-8113 Pavilion and includes a picnic BBQ with costume. FAX: (215) 977-9386 To purchase tickets for the Young WWW.MBURRKEIM.COM Lawyers Division Family Fall Festival, WebCheck visit philadelphiabar.org.

philadelphiabar.org October 2008 Philadelphia Bar Reporter 23 Statement of ownership, management and circulation (required by 39 USC 3685) 1. Publication title: Philadelphia Bar Reporter. 2. Publica- In Their Own Words tion No.: 710-610. 3. Filing date: October 2008. 4. Issue Frequency: Monthly. 5. Number of issues published an- nually: 12. 6. Annual subscription price: $45. 7. Complete mailing address of known office of publication: Philadel- phia Bar Association, 1101 Market St., 11th floor, Phila- Observations from a Life in Law delphia, Pa. 19107-2911. Contact person: Martha Phan. Telephone: (215) 238-6346. 8. Complete mailing address This fall marks my By Bruce H. Bikin the ditch. Wisdom is 23. Judges are just lawyers who always of headquarters or general business office of publisher: 33rd year practicing law knowing which one you get to have the last word. Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. 9. Full names and complete and my 17th year as a are doing. 24. Trial lawyers are just judges wait- mailing addresses of publisher, editor, and managing edi- member of the editorial 12. Anyone who ing for their wisdom to be universally tor: Publisher: Philadelphia Bar Association, 1101 Market board of the Bar Reporter spends more money recognized. St., 11th floor, Philadelphia, Pa. 19107-2911. Editor: Sunah Park, Esq., Philadelphia Bar Association, 1101 Market St., (and its predecessor). As getting elected to a job 25. Lawyers who do the most to ben- 11th floor, Philadelphia, Pa. 19107-2911. Managing editor: I move into a different than the job pays isn’t as efit the general citizenry get little public Jeff Lyons, Philadelphia Bar Association, 1101 Market phase of my professional smart as (s)he thinks (s) recognition, while lawyers who do the St., 11th floor, Philadelphia, Pa. 19107-2911. 10. Owner: Philadelphia Bar Association, 1101 Market St., 11th floor, career, I thought I would he is. best job of benefiting themselves get the Philadelphia, Pa. 19107-2911. 11. Known bondholders, share some things I have 13. If actions speak most public recognition. mortgagees, and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages, observed in those 33 louder than words, why 26. The law may be a jealous mistress, or other securities: none. 12. Tax status (for completion years. It is only a reflec- did I spend so many but don’t try using that old homily with by non-profit organizations authorized to mail at nonprofit tion of my minimal ca- years writing for the Bar your spouse when you get home at 11:30 rates): The purpose, function and nonprofit status of this organization and the exempt status for federal income tax pacity for absorbing new things that this Reporter? p.m. on a Friday. purposes has not changed during the preceding 12 months. works out to one observation per year. 14. Judges aren’t any better at hitting 27. Life is like a Supreme Court brief 13. Publication Title: Philadelphia Bar Reporter. 14. Issue 1. If you lose a lawsuit, your client will dead center on the urinals than lawyers. or a newspaper: you have a limited date for circulation data below: October 2008. 15. Extent and nature of circulation: A. Total number of copies (net object to your bill, wondering aloud how 15. Notwithstanding the above, judges amount of paper and ink to write your press run): Average number of copies each issue during exactly you earned your fee. If you win are always right. story. Choose your words wisely. preceding 12 months: 11,678. Number of copies of single 16. Judges may be the most powerful issue published nearest to filing date: 11,662. B. Paid a lawsuit, your client will object to your 28. Oral argument is effective only and/or requested circulation: 1. Paid/requested outside- bill, figuring it was a slam-dunk all along people in any courtroom; but don’t get when someone is actually listening to county mail subscriptions stated on Form 3541 (Include and wondering what value you added. on the wrong side of their tipstaffs, court what you are saying. advertiser’s proof and exchange copies): Average number of copies each issue during preceding 12 months: 3,154. 2. Every fact proves something. It is up reporters or secretaries. 29. Most judges and juries have less Number of copies of single issue published nearest to filing to the lawyer to figure out what each fact 17. Don’t get into an argument with of an investment in what you are saying date: 3,016. 2. Paid in-county subscriptions stated on Form proves. someone who buys his ink by the barrel. than your mother. 3541 (Include advertiser’s proof and exchange copies): Average number of copies each issue during preceding 12 3. Philadelphia judges are just as hard- [Borrowed from Mark Twain, but prob- 30. When you have nothing to say, months: 9,165. Number of copies of single issue published working, competent and ingenious as ably true nonetheless.] don’t say it. nearest to filing date: 8,335. 3. Sales through dealers and any of the Philadelphia lawyers that come 18. The Bar Association staffers I have 31. Spellcheck is not the savior of the carriers, street vendors, counter sales and other non- USPS paid distribution: Average number of copies each before them. worked with are some of the hardest illiterate. There are no three week “trails” issue during preceding 12 months: 0. Number of copies of 4. I don’t care what you write about working, most dedicated people I know. in the practice of law nor are there legal single issue published nearest to filing date: 0. 4. Other classes mailed through the USPS: 0. Average number of me, just spell my name correctly. And get 19. Never write anything you wouldn’t “froms.” copies each issue during preceding 12 months: 0. Number my phone number right. And my area of want your mother to read, say anything 32. Keeping time sheets is like watch- of copies of single issue published nearest to filing date: 0. expertise. And my cell and e-mail. you wouldn’t want your mother to hear, ing your life run out like grains of sand C. Total paid and/or requested circulation (sum of 15B1, 15B2, 15B3 and 15B4): Average number of copies each 5. You can’t always tell where you rank or do anything you wouldn’t want your through an hourglass. issue during preceding 12 months: 12,319. Number of cop- in importance in the Bar Association by father to find out about. 33. No one should be a lawyer just for ies of single issue published nearest to filing date: 11,351. how many times your photo appears in 20. Money may be the root of all evil, the money. D. Free distribution by mail (samples, complimentary and other free copies): 0. Average number of copies each is- any given issue. but don’t try saying that out loud at a sue during preceding 12 months: 0. 1. Outside-county as 6. No matter how wonderful any partnership meeting. Bruce H. Bikin has spent nearly 20 years in stated on Form 3541: 0. 2. In-county as stated on Form 21. The more you get paid, the less you the Litigation Department of Montgomery, 3541: 0. 3. Other classes mailed through the USPS: 100. particular Chancellor is, (s)he only gets to Number of copies of single issue published nearest to be wonderful for one year. actually have to do. McCracken, Walker & Rhoads LLP. He filing date: 1. Outside-county as stated on Form 3541: 0. 7. Never get too full of yourself. You 22. Trials aren’t so much about the begins a new life in the Office of Disciplinary 2. In-county as stated on Form 3541: 0. 3. Other classes mailed through the USPS: 100. 4. Free distribution outside can only be top dog if there are dogs facts of the case or the applicable law, but Counsel in October. the mail (carriers or other means): 0. Average number of beneath you, willing to give you support rather what the jury had for lunch. copies each issue during preceding 12 months: 0. Number and hold you up. of copies of single issue published nearest to filing date: 0. E. Total free distribution (sum of 15D1, 15D2, 15D3 and 8. Being a jerk has its drawbacks: no 15D4): Average number of copies each issue during pre- one ever tells you when you have a sesame ceding 12 months: 100. Number of copies of single issue seed stuck between your teeth, that your published nearest to filing date: 100. F. Total distribution (sum of 15C and 15E): Average number of copies each is- fly is unzipped or who spit on your sue during preceding 12 months: 12,419. Number of cop- burger before serving you. ies of single issue published nearest to filing date: 11,451. G. Copies not distributed: Average number of copies each 9. On the plus side, being a jerk means issue during preceding 12 months: 318. Number of cop- no one asks to borrow money or your car ies of single issue published nearest to filing date: 310. and your paralegal doesn’t sit in your of- H. Total (sum of 15F and 15G): Average number of copies each issue during preceding 12 months: 12,737. Number fice on Monday mornings describing the of copies of single issue published nearest to filing date: “date-from-hell” and explaining why (s)he 11,761. J. Percent paid and/or requested circulation (15C is still hung over. ÷ 15F x 100): Average number of copies each issue dur- ing preceding 12 months: 99.19 percent. Number of copies 10. Helping someone with a problem of single issue published nearest to filing date: 99.13 per- is what a lawyer is all about. Helping cent. Signed, Kenneth Shear, Executive Director, Sept. 26, 2008. I certify that all information on this form is true and someone with a problem and not charg- complete. I understand that anyone who furnishes false ing them is what a human being is all or misleading information on the form or who omits mate- about. rial or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) 11. Power is the ability to successfully and/or civil sanctions (including civil penalties). steer your life along the highway of life. Incompetence is driving your life into

24 Philadelphia Bar Reporter October 2008 philadelphiabar.org THE LEGAL DIRECTORY 2009 UPDATE IS UNDER WAY! WATCH YOUR MAILBOX FOR UPDATE INFORMATION!

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philadelphiabar.org October 2008 Philadelphia Bar Reporter 25 Rhonda Hill Wilson Abbe F. Fletman, of the Law Offices of a shareholder with People Rhonda Hill Wilson Flaster/Greenberg, was recently honored Attorneys at Law, with the American was recently ap- Association for Jus- pointed to the Albert Bennett G. Picker, a Suzanne S. Mayes, tice’s Distinguished Einstein Healthcare partner with Stradley a member of Cozen Service Award. Services Board of Ronon Stevens & O’Connor, has Trustees for a one-year term. Young, LLP and been elected to the Jeffrey M. Kolan- former Chancellor of board of directors of sky, a partner with Ronald A. Kovler the Philadelphia Bar Mount Saint Joseph Archer & Greiner, of Kovler & Rush, Association, made Academy, a private P.C., has been ap- P.C. has been elected a presentation on college preparatory pointed to the Board vice president of the “Multiparty Mediations” at the annual school for young women in Flourtown, of Directors of the Philadelphia Trial meeting of the American College of Civil Pa. Chamber Orchestra Lawyers Association. Trial Mediators. of Philadelphia. Steven K. Mignogna, a partner with Ar- Gabriel L.I. Bevilac- cher & Greiner, P.C., has been appointed William L. Banton qua, a partner with chair of the Probate and Fiduciary Litiga- Jr., a shareholder Jonathan H. Spadt, a shareholder with Saul Ewing, LLP and tion Committee of the American Bar with Marshall, RatnerPrestia, co-presented “Examining former Chancellor of Association for a second consecutive year. Dennehey, Warner, Patent Strategy in a Changing and Com- the Philadelphia Bar Coleman & Goggin, petitive Global Environment” at IQPC’s Association, has been Joseph Sedlack, a partner with Reed participated in The 2nd Patent Strategies for Pharma, Biotech appointed to the Smith LLP, was a speaker at the Pennsyl- National Judicial and Medical Device Industries Confer- Disciplinary Board vania Bar Institute’s A Day on Real Estate College’s Managing ence July 16 in Philadelphia. of the Supreme Court of Pennsylvania for on Aug. 5. Complex Litigation course held in Reno, a term running through May 2011. Nev., on July 16, where he prepared a Justice Sandra Amy C. Lachowicz, an associate with mock trial presentation in a case involving Schultz Newman, a James Ronca, a Pietragallo Gordon Alfano Bosick & medical malpractice and product liability member of Cozen shareholder with Raspanti, LLP, has been appointed as issues. O’Connor, has been Anapol, Schwartz, a member of the Hearing Committee honored with the Weiss, Cohan, Feld- serving the Disciplinary Board of the Benjamin E. Leace, a member of Rat- Pennsylvania As- man and Smalley, Supreme Court of Pennsylvania. nerPrestia, presented “The Trademark sociation for Justice’s P. C ., recently spoke Trial and Appeal Board or Federal President’s Award. at the Mealey’s Sharon M. Erwin, of the Law Offices of Court: Which is Your Best Case?” at the This award recognizes Justice Newman’s Pharmaceutical Sharon M. Erwin, planned and mod- Advanced Seminar on Trademark Law in commitment to serving her community, Litigation SuperConference in Chicago. erated the program “Legally Bound: New York City on July 16. achieving justice, and preserving the civil Ronca’s lecture, “Trasylol® (aprotinin) Opposing Perspectives on Public Art and justice system. Litigation,” discussed the history and use Related Contracts,” during the Americans Justin B. Wineburgh, a member of of the blood-preserving drug Trasylol®, for the Arts 2008 Annual Convention in Cozen O’Connor, has been named to the Michael Gross, a partner with Manko, the science and studies behind its alleged Philadelphia, June 20 – 22. advisory board of Philadelphia Volunteer Gold, Katcher & Fox, LLP, presented negative health effects, the impact of Lawyers for the Arts. “What Is Sustainable or Green Develop- Bayer pulling it from the market, and the James J. Eisenhow- ment: The Emerging Standards” for the current state of litigation against the drug. er, a partner with Robert T. Szostak, a Pennsylvania Bar Institute on Aug. 26. Schnader Harrison member of Rubin, John F. Gullace, a partner with Manko, Segal & Lewis LLP, Glickman, Steinberg Wendy Beetlestone, Gold, Katcher & Fox, LLP, was recently has been re-elected and Gifford, spoke at a shareholder with appointed programs vice chair for the as chairman of the at the Pennsylvania Hangley Aronchick American Bar Association Section of Board of Directors of Bar Institute seminar Segal & Pudlin was a Environment, Energy, and Resources Al- the Pennsylvania In- “The Brave New speaker at the BVR/ ternative Dispute Resolution Committee. tergovernmental Cooperation Authority. World of Medical Mealey’s Women in Malpractice Litigation” on July 23. the Legal Profession Jane E. Lessner and Elizabeth Silvia Deborah Epstein Henry, founder and Summit on Sept. 17 Wood, attorneys at Fox Rothschild LLP, president of Flex-Time Lawyers LLC, Joann Giangiulio, an associate with Saltz, where she discussed “Rainmaking, Nego- spoke at the Pennsylvania Bar Association was the keynote speaker for the talk “The Mongeluzzi, Barrett & Bendesky, P.C., tiating and Collaborative Development.” Family Law Section’s Summer Meeting, FACTS About Work-Life Balance” at the has been elected president of the Lehigh which was held on July 17-20, 2008, in Women’s Bar Association of Massachu- Club of Philadelphia. nNames ARE NEWS Baltimore, Md. setts in Boston, Mass. on July 31. She served as moderator for “Transitions: Sol H. Weiss, a share- “People” highlights news of members’ Joseph A. Gerber, a Our Attorneys, Our Firms, Ourselves” at holder with Anapol, awards, honors or appointments of a member of Cozen the Professional Development Confer- Schwartz, Weiss, community or civic nature. Information O’Connor, has been ence in Boston on Aug 1. Cohan, Feldman may be sent to Jeff Lyons, Senior Manag- ing Editor, Philadelphia Bar Reporter, elected chairman of and Smalley, P.C., Philadelphia Bar Association, 1101 Market the Chubb Founda- Stephen J. Galati, a shareholder of Mat- has been elected to St., 11th fl., Philadelphia, Pa. 19107-2955. tion, which provides tioni, Ltd., was a speaker at the recent the American As- Fax: (215) 238-1159. E-mail: reporter@ educational grants to “Trucking Litigation: Handling Various sociation for Justice’s philabar.org. Color photos are also deserving domestic Issues Unique to Trucking in Pennsylva- executive committee at the group’s annual welcome. and international college bound students. nia” seminar. convention in Philadelphia.

26 Philadelphia Bar Reporter October 2008 philadelphiabar.org 'JOF
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