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The Monthly Newspaper of the Philadelphia Bar Association Vol. 39, No. 10 October 2010

Historical Society Kickoff Event Register Online By Oct. 13 for Bench-Bar n By Jeff Lyons

Online registration for the 2010 Bench-Bar & Annual Conference is avail- able until Wednesday, Oct. 13. This year’s Past Bar Association Chancellors (from left) Peter Hearn, Alan M. Feldman, Sayde J. Ladov, Allan H. Gordon, Sey- conference will be held Friday and Satur- mour Kurland, Robert C. Heim, Abraham C. Reich, current Chancellor Scott F. Cooper, Jane Leslie Dalton, Lawrence day Oct. 15 and 16 at the Borgata Hotel J. Beaser, Executive Director Kenneth Shear and Edward F. Chacker gather at the reception introducing the Associa- Casino & Spa in Atlantic City, N.J. tion’s Historical Society on Sept. 22 at Jenkins Law Library. Fourteen CLE programs in a variety of practice areas are being planned for the Bench-Bar & Annual Conference. The CLE programs, in which attendees can earn up to eight hours of credit (including the opportunity to earn two ethics credits), will feature judges and some of the city’s most well-known practitioners, who will use their expertise and experience to en- lighten attendees. Registration is available at philabenchbar.org. A dramatic reenactment commemo- rating the 275th anniversary of Andrew Hamilton’s historic 1735 defense of printer

Photos by Jeff Lyons Jeff by Photos John Peter Zenger will be offered for CLE Temple University Senior Vice Provost for Strategic Initiatives and Com- credit as the opening plenary program on munications Betsy Leebron Tutelman (left) was honored by the Histori- cal Society at the event. Tutelman, along with Temple students Patrick Oct. 15. The case established the concept Rosenbaum and Andrew Reynolds, recorded interviews with the past of freedom of the press and coined the Chancellors for the Association’s future Historical Society website. His- term “Philadelphia lawyer.” (The Trial of torical Society Co-Chair William P. Fedullo (above, from left), Chancellor John Peter Zenger: A Play in Four Scenes, Scott F. Cooper and Gerard J. St. John meet after the event. For more on by Michael E. Tigar, Copyright © 1986, the Historical Society, see Cooper’s column on Page 3. continued on page 10 Bar Launches Civil Gideon Corner on Web In This Issue n By Jeff Lyons resource for attorneys who want to know those areas of adversarial civil proceedings more about civil Gideon and how they where basic human needs are at stake. 4 Pro Bono Week The Philadelphia Bar Association can get involved.” In a resolution adopted by the Board 6 TV’s Judge Pirro has launched Civil Gideon Corner, a In 2009, Chancellor Sayde J. Ladov of Governors in April 2009, the Task resource where attorneys can learn more formed the Philadelphia Bar Association’s Force was charged with examining civil 7 Blogs & Visibility about expanding the right to counsel for Civil Gideon Task Force. The mission Gideon efforts underway in other states, low-income people in civil cases were of the Task Force is to investigate and developing strategies for implementing 9 Technology Risks basic human needs are at stake. consider all aspects of an effective system civil Gideon in Philadelphia and making “Using this technology portal will al- of civil Gideon in Philadelphia, including recommendations in two areas of basic 12 ADAAA Compliance low us to keep members updated on the the development of concrete and prac- need: cases involving the loss of shelter 13 PNC Perspectives Association’s progress,” said Chancellor ticable proposals to advance the imple- and child custody. Scott F. Cooper. “It will also serve as a mentation of a civil right to counsel in continued on page 14 Leading Specialists In Court Reporting Services & Video

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2 Philadelphia Bar Reporter October 2010 philadelphiabar.org Frontline

Editor-in-Chief Asima Panigrahi, Esq. Bar Historical Society Keeps Eye Editor Emeritus Bruce H. Bikin, Esq. on the Past While Looking Ahead Associate Editors Heather J. Austin, Esq. Ria C. Momblanco, Esq. “When the past no longer illuminates the In my inaugural ad- By Scott F. Cooper first time. Regina Parker, Esq. future, the spirit walks in darkness.” dress, I challenged our In late September, the Thomas Bryan, Esq. - Alexis de Tocqueville, author of Association to undertake Historical Society rolled Edward P. Kelly, Esq. Democracy in America a significant effort to out its first major initia- Sarah L. Hopkins, Esq. Julia Swain, Esq. preserve our history. My tives. First, it previewed Nicole Edwards, Esq. In a year in which we have done proposal was simple: our interactive timeline much building for the future, it is time to promptly create an His- and its just-completed Contributing Editor celebrate from where we have come. For torical Society focused video interviews of 32 Richard Max Bockol, Esq. months, the Philadelphia Bar Associa- on the unique history of our past Chancel- Advisory Editors tion has been working on recording and of the Association, our lors and our executive Sunah Park, Esq. bringing to life our history. This month members, legal employ- director, Ken Shear. Molly Peckman, Esq. we are ready to show the fruits of those ers and our commitment The collection of these Marc W. Reuben, Esq. labors. to public interest. Under interviews was possible Associate Executive Director, In a series of events this fall, the Asso- the exceptionally capable leadership of only because of an amazing partner- Communications ciation will celebrate where we have come co-chairs William P. Fedullo, Robert C. ship with Temple University, and Senior Mark Tarasiewicz from and how it affects where we are Heim and Roberta D. Liebenberg, we Vice Provost for Strategic Initiatives and Senior Managing Editor, going. Our centerpiece is the unveiling have met that challenge. Their work will Communications Betsy Leebron Tutel- Publications of our new Historical Society. Through allow many Philadelphia lawyers and man. We completed it after six months of Jeff Lyons it, we are both preserving and bringing to other members of the community to “field” tapings. life our history. study our cherished history for the very continued on page 12 Executive Director Kenneth Shear

The Philadelphia Bar Reporter (ISSN 1098- 5352) is published monthly and available by Elections Committee Formed; Candidates Sought subscription for $45 per year by the Philadel- phia Bar Association, 1101 Market St., 11th The Philadelphia Bar Association entitled to vote. written authorization should be submit- floor, Philadelphia, PA 19107-2911. Periodicals has formed its Elections Committee, Individuals who wish to run for any of ted to Association Secretary Kathleen postage paid at Philadelphia, PA POSTMASTER: Send address changes to Philadelphia Bar Re- which is chaired by Immediate-Past the above named offices should contact Wilkinson, c/o Brian Sims, Philadelphia porter, c/o Philadelphia Bar Association, 1101 Chancellor Sayde Joy Ladov and consists Staff Counsel Brian Sims at bsims@ Bar Association, 1101 Market St., 11th Market St., 11th floor, Philadelphia, PA 19107- 2955. Telephone: (215) 238-6300. Association of Michael L. Viola, Scott W. Reid, philabar.org for additional information. Floor, Philadelphia, PA 19107, no later Web site: philadelphiabar.org. Newspaper e- Louis S. Rulli, Lawrence S. Felzer, Al- Signatures, along with a resume, and than 5 p.m. on Thursday, Oct. 7. mail address: [email protected]. The edi- bertine Y. DuFrayne, Brandi Brice, Sean torial and other views expressed in the Phila- delphia Bar Reporter are not necessarily those R. Sullivan, Jeffrey S. Gross and Jeffrey of the Association, its officers or its members. Campolongo. NOTICE TO POTENTIAL JUDICIAL CANDIDATES Advertising rates and information are available Chancellor Scott F. Cooper, Chancel- from David Hoeckel at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211. Telephone: (443) lor-Elect Rudolph Garcia, Vice Chancel- The Commission on Judicial Selection and Retention of the 909-7824. lor John E. Savoth and Board of Gov- Philadelphia Bar Association evaluates the qualifications of persons Page 1 skyline photo by Edward Savaria, Jr./PCVB ernors Chair Richard S. Seidel serve as seeking appointment or election to the Philadelphia Common Pleas ex-officio members. and Municipal Courts. Individuals who wish to be considered for appointment or who are considering filing for the 2011 primary Offices for which candidates are being election as judicial candidates should contact the Commission on Tell Us solicited are Vice Chancellor, Secretary, Judicial Selection & Retention c/o Charles J. Klitsch, Esq., the Bar Assistant Secretary, Treasurer, Assistant Association’s Director of Public and Legal Services, to obtain a What You Think! Treasurer, and five seats on the Board Judicial Evaluation Questionnaire, the Commission’s Guidelines for Evaluation of Attorney and Judge Candidates and Bylaws of the The Philadelphia Bar Reporter of Governors. Each Board seat carries a three-year term. Philadelphia Bar Association. In order to ensure that each candidate welcomes letters to the editors for receives a full and fair evaluation, the completed questionnaire must publication. Letters should be typed. Association members may become be returned by Wednesday, Dec. 8, 2010 to “Judicial Commission,” There is no word limit, but editors candidates for any of these offices by Philadelphia Bar Association, 1101 Market St., 11th Floor, Philadelphia, reserve the right to condense for filing with the Secretary, at least 60 days PA 19107-2955. Also, candidates who have previously been evaluated clarity, style and space considerations. prior to the Dec. 7, 2010 Annual Meet- by the Commission are invited to contact the Association to determine Letters must be signed to verify ing, nominations in writing which, for whether their ratings are current by calling Mr. Klitsch at (215) 238- authorship, but names will be withheld 6326. candidates of the Board, must be signed upon request. Letters may be mailed, faxed or e-mailed to: Jeff Lyons, Senior by at least 25 members who are entitled Individuals are reminded that under the Commission’s Guidelines, Managing Editor, Philadelphia Bar to vote; for candidates for Secretary, Trea- any candidates who do not participate in the Commission’s evaluation Reporter, Philadelphia Bar Association, surer, Assistant Secretary and Assistant process will receive “Not Recommended” ratings if they continue to 1101 Market St., 11th floor, Philadel- Treasurer, shall be signed by at least 35 pursue either appointment or election. phia, PA 19107-2955. Phone: (215) members who are entitled to vote; and for A. Harold Datz, Esquire 238-6345. Fax: (215) 238-1159. E-mail: candidates for Vice Chancellor, shall be [email protected]. 2010 Chair, Commission on Judicial Selection and Retention signed by at least 100 members who are philadelphiabar.org October 2010 Philadelphia Bar Reporter 3 National Calendar of Events Collaborative Pro Bono Friday, Oct. 22 Family Law • Young Lawyers Division Panel Discussion – Spotlight on Pro Bono 12 p.m. at Philadelphia Bar Association, 1101 Market St., 11th Floor Confer- Keeps Cases Week Events ence Center. Register at philadelphiabar.org. Start Oct. 22 Tuesday, Oct. 26 Out of Court • Support Center for Child Advocates CLE training program – How to Handle a Child Abuse Case n By Sara Woods 8:30 a.m. to 4:30 p.m., at The CLE Conference Center, 10th floor Wanamaker n By Julia Swain Building, Juniper Street entrance. Register with PBI at 1-800-247-4724. Philadelphia will again kick off its • Homeless Advocacy Project Legal Clinic Litigation avoidance and coopera- celebration of National Pro Bono Week 10 to 11 a.m., at Kirkbride/Traveler’s Aid, 111 N. 49th St. Register with Cary tion are the cornerstones of collaborative on Oct. 22 with a series of events de- Moritz at 215-523-9587 or [email protected]. (Pre-registration is re- family law, a form of alternative dispute signed to celebrate pro bono and inspire quired.) resolution. Collaborative family law our community to give back to those in Wednesday, Oct. 27 originated in California about 10 years need. ago and came to our area about eight • VIP Pro Bono Opportunities Day – Spotlight on Stabilizing Families Sponsored by the American Bar As- years ago. 8 a.m. to 12:15 p.m., at Montgomery, McCracken, Walker & Rhoads, LLP, sociation, National Pro Bono Week is a An introduction to the collaborative 123 S. Broad St., 28th Floor. Program will feature training sessions on custody, coordinated national effort to meet the process was presented to the Family Law guardianship and protection from abuse. Two substantive CLE credits are avail- ever-growing needs of this country’s most Section on Sept. 13 by David I. Grunfeld, able in exchange for handling a VIP case within six months of the training. To vulnerable citizens by encouraging and Billie Schnall and Barbara B. Zulick, register, contact Bailey Andersen at 215-523-9567 or [email protected]. supporting local efforts to expand the members of the Collaborative Family delivery of pro bono legal services, and Friday, Oct. 29 Law Affiliates (CFLA), the Pennsylvania by showcasing the great difference that • Homeless Advocacy Project Legal Clinic interdisciplinary organization devoted to pro bono lawyers make to the nation, its 1:45 to 3 p.m. at St. John’s Hospice, 1221 Race St. Register with Cary Moritz at practicing and promoting the collabora- system of justice, its communities and, 215-523-9587 or [email protected]. (Pre-registration is required.) tive process. most of all, to the clients they serve. Unlike mediation and arbitration, in Last year, hundreds of volunteers the collaborative context, the parties and provided service to clients with critical their respective attorneys sign an agree- For more information about Na- legal issues in Philadelphia. Dave Walker, ment to keep the matter out of court. If tional Pro Bono Week, please visit a new graduate from Rutgers University WebCheck www.celebrateprobono.org. litigation becomes unavoidable, the law- School of Law, saw this as the perfect op- yers must withdraw from the case. This portunity to give back to the community type of limited scope representation has as a new lawyer. He attended a training a long history of service to the public, dat- and corporations during the week of Oct. been approved by the American Bar Asso- during National Pro Bono Week, par- ing back to Andrew Hamilton. This year, 18. The Road Shows will highlight pro ciation and the Philadelphia Bar Associa- ticipated in Philadelphia VIP’s mortgage the Philadelphia Bar Association builds bono opportunities available in the city. tion Professional Guidance Committees. foreclosure program, and successfully kept on that tradition with events designed to To schedule a Road Show, contact Jodi Under PA Rule of Professional Conduct several clients in their homes. He is now appeal to our newest members of the bar Schatz at [email protected] or 267- 1.2(c), an attorney can limit the scope of an experienced volunteer and is assisting a and our most experienced. As a kickoff 546-9228. representation if the limitation is reason- new client with a complicated homeown- to National Pro Bono Week, 30-minute The Young Lawyers Division will host able and the client provides informed ership matter. “Pro Bono Road Shows,” from area pub- a panel of young lawyers who are also consent. Therefore, in the collaborative The Philadelphia legal community has lic interest agencies will be offered at firms active pro bono volunteers on Friday, context, the representation agreement Oct. 22. They will share their experiences must specifically set forth the limitations with audience members in an interactive of the engagement and the parties and Attorney DisciplinAry / ethics mAtters presentation. The YLD has been active in counsel also sign a supplemental collabor- pro bono activities since its inception, and ative agreement, which specifically states this year is no exception. that counsel will withdraw if litigation Beginning on Monday, Oct. 25, the becomes necessary. Philadelphia public interest community Once a collaborative matter com- will host several trainings open to all mences, the parties and counsel engage members of the bar. Whether you are a mental health specialist and a financial looking for a hands-on service event or a advisor, who are selected from a list of training with the option of later service, providers and are also members of the you can find the perfect match during CFLA. The mental health experts provide Statewide Pennsylvania and New Jersey matters  No charge for initial consultation Philadelphia’s celebration of National Pro various services, including acting as a cus- Representation, consultation, and expert testimony in disciplinary matters and Bono Week. tody coach. This role limits and can even matters involving ethical issues, bar admissions and the Rules of Professional Conduct Whether you are new to the practice of eliminate the attorneys’ need to deal with James c. schwartzman, esq. law, new to pro bono, or an experienced the day-to-day custody issues, such as ex- Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania  Former Federal Prosecutor volunteer, we hope that you will join us as change times, holiday schedules, improv- Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania we celebrate Philadelphia’s commitment ing communication between the parties Pennsylvania Interest on Lawyers Trust Account Board to access to justice. and changes to the regular schedule. The Dana pirone carosella, esq. parties meet with the mental health expert Representing attorneys in disciplinary/ethics matters for 15 years Author/Speaker on ethics matters Sara Woods ([email protected]), executive without counsel, but share all the infor- director of Philadelphia VIP, is co-chair of the 1818 Market Street, 29th Floor, Philadelphia, PA 19103 mation with their respective attorneys. (215) 751-2863 Association’s Deliverty of Legal Services Com- The mental health expert has the right to mittee Pro Bono Committee. continued on page 13

4 Philadelphia Bar Reporter October 2010 philadelphiabar.org women’s rights committee Letters

Bechtle Tribute Captured Essence

To the Editor: our counsel table to tell me how much he wanted to share something that had For decades the three of us might happened a few days earlier when he was have been allies or adversaries, but, how- trying a case in Common Pleas Court. ever infrequent our communications in His opponent there was a major fig- recent years, I continue to be blessed to ure in the trial bar’s laughingstock, one have such cherished friends. Jerry Litvin of whose credentials was that he was wrote so perceptively and touchingly notoriously bottom-heavy. To respond about Perry Bechtle because, like Perry, to a question the CP judge had asked he is one of the best of our trial bar. He him, he began to rise from his wooden captured the essence of Perry’s character armchair, but the chair rose with him as and style; “down-to-earth, humble, mod- his bottom remained stuffed in it. est, generous and fair-minded.’” Perry’s description of the incident and Perry was a lawyer of the highest its courtroom aftermath instantly cured professional stature without a trace of my troubled state. pretentiousness. His delightful down-to- Jerry’s “In Memoriam” is not only a earth sense of humor and appreciation deserved tribute to a splendid lawyer and of life’s absurd moments were invaluable human being, but it suggests a standard peace-making assets in his dealings with of conduct every lawyer should strive to adversaries, especially in defusing mo- honor in both the profession and the rest Photo by Jeff Lyons Jeff by Photo Carol E. Tracy discussed her testimony before the U.S. Senate Judiciary Committee. ments of high tension. For example, after of our lives. “Above all else, Perry Bechtle my adversary Perry had skillfully dam- was the very personification of civility.” aged one of our important witnesses in a With deepest appreciation to Jerry and District Court jury trial, the judge then warmest memories of Perry, Tracy Reports on declared a brief recess. Accurately sensing Gratefully yours, Sex Assault Testimony that I was troubled, Perry came over to Seymour I. “Spence” Toll n By Nicole C. Edwards result of this finding, the police depart- ment decided to completely eliminate The mishandling of rape cases by the practice of placing sex crimes in the Philadelphia police was the topic of Carol “non-criminal” category. E. Tracy’s recent U.S. Senate Judiciary Philadelphia, however, was not the Committee testimony, Tracy told the only city where mishandling of sex crimes Women’s Rights Committee at its Sept. was occurring. Similar investigations 15 meeting. conducted by journalists in New York, Tracy, executive director of the Baltimore, Milwaukee, New Orleans and Women’s Law Project, first gave attendees Saint Louis uncovered similar results. the background of how the congressio- For instance, in Baltimore, since 1992, nal hearing came about. She explained the number of rape cases reported to FBI that the one of originating events for the has declined by 81 percent. Conversely, hearing took place in 1999 when The since 1991, the percentage of rape cases Philadelphia Inquirer contacted her for an deemed “unfounded” or “baseless” has expose it was writing on the Philadelphia tripled. Police Department’s mishandling of sex Tracy and others believed that part of crimes. At that time, when the police this systemic and pervasive underreport- department would receive calls concern- ing stemmed from the Uniform Crime Facebook,Facebook ,Twitter Twitte rand and LinkedIn LinkedI nnow now join joi nPhiladelphia Philadelph iBara Bar ing rape or sexual assault, they would cat- Code’s archaic definition of rape, which AssociationAssociation blogs,blogs, podcastspodcasts and and list lis tserves serves as a sways way sto t oget ge instantt instan t egorize those calls in the “non-criminal” only recognizes rape as non-consensual updatesupdates onon Bar Bar Association Association programs programs and and initiatives, initiatives photos, photo sfrom from events, and breaking legal news. By becoming a fan of our category. As a result, the incidents were vaginal intercourse by force. In the fall of events, and breaking legal news. By becoming a fan of our Facebook page, following our Twitter feed or joining our LinkedIn never reported or investigated. 2001, Tracy sent a letter to the FBI signed Facebook page, following our Twitter feed or joining our LinkedIn network, you can access membership benefits in the office or The Women’s Law Project was continued on page 13 network, you can access membership benefits in the office or onon -thethe go,-go ,enabling enablin gthe th eBar Ba Associationr Associatio nto t serveo serv youe yo onu o an wholea whole subsequently tasked with auditing the new level. police records relating to sex crimes. new level. Tracy said that they audited all the files that fell within the applicable statute of Podcast limitations. What they discovered was Spotlight shocking. Within a three-year period, Visit philadelphiabar.org to listen to 681 felony rapes and 1,700 other sex the podcast from this meeting. crimes had never been investigated. As a philadelphiabar.org October 2010 Philadelphia Bar Reporter 5 WOMEN IN THE PROFESSION COMMITTEE TV’s Judge Pirro an Advocate for Victims n By Michael Petitti

From her very first days as a young prosecutor, Judge had a passion for obtaining justice for all victims. “In the late 70s it was not really a crime to beat or assault your wife…it was only a crime if you killed her,” Judge Pirro said. “I realized equal rights and equal justice did not apply to women in a domestic setting.” Pirro, host of the television program “Judge Pirro” on the CW Philly (Channel 57), discussed her experiences as a woman in the legal profession, her work fighting for victims of domestic abuse and hate crimes, and her new career in the televi- sion industry at a Sept. 8 luncheon hosted by the Bar Association’s Women in the Profession Committee. Judge Pirro started one of the first do- mestic violence units in the nation with the help of the Law Enforcement Assis- tance Administration and funding from the Department of Justice. Her passion for advocating for women’s rights soon prompted her to ask the then-district attorney to try homicides, a request that Judge Jeanine Pirro’s television show is entering its third season. Chancellor Scott F. Cooper (below, from left) joins Judge made her the first woman in the history Pirro and Women in the Profession Committee Co-Chair Nikki Johnson-Huston after Judge Pirro’s Sept. 8 appearance. of Westchester County, N.Y., to prosecute a murder case. She was the first woman history. district attorney in Westchester County. “I was the sitting D.A. when the O.J. “The burden on me was not just to Simpson case broke…and that’s when it prove my case beyond a reasonable doubt all started coming in – the press,” Judge but that if I didn’t win this, then every Pirro said, “I never had an agent…it all woman who came behind me would suf- started coming to me.” fer,” Judge Pirro said. She appeared on “60 Minutes” and She did win that first case – and every “The Today Show,” among others, before case after it. Her success drove her to running for attorney general in New York become the first woman judge in the state in 2006. She lost the election but county, despite those telling her women soon after received a call from Hilary Es- didn’t have the “stamina” for the job. But tey McLoughlin, president of her time on the bench couldn’t staunch Warner Bros., proposing a her desire to fight crime head-on. featuring the judge. “Law enforcement was in my blood so “I remember looking at the phone and I made the decision to step off the bench saying ‘Why?,” Judge Pirro said. “That and run for district attorney,” Judge Pirro was the beginning of my career in televi- said. “I ended up being elected and then sion.” elected twice after that.” Now entering its third season, “Judge Judge Pirro credited her being a wom- Pirro” features real litigants with real cases an for the unique perspective she brought coming before the judge to receive final to that role. She requested playpens and verdicts. The program airs daily at 12 toys for the domestic violence unit. She p.m. on The CW Philly. Judge Pirro also established a separate room to videotape continues to make appearances on various children so they wouldn’t have to go into news programs. Through it all, her pas- the grand jury. Lyons Jeff by Photos sion of advocating for victims remains as Her passion for protecting women ex- these predators had a 100 percent convic- Advocating for victims’ rights may have strong as ever. tended to those victimized by hate crimes tion rate. been Judge Pirro’s main goal but becom- “I don’t know why we call it the crimi- and then, with the advent of the Internet, “My office was known for trumpeting ing a television personality was not. The nal justice system,” Judge Pirro said. “It to children targeted by child predators. A the victim and crusading for them,” she opportunity arose from perhaps the most should be the “victim justice system. To sting operation she instituted to capture said. well-known murder cases in American me, the victim is always the underdog.”

6 Philadelphia Bar Reporter October 2010 philadelphiabar.org bar-news media COMMITTEE Web Alive and Well for Legal Research

n By Heather J. Austin

In an era when everything is done through apps accessed through iPhones and iPads, some believe the web is dead. Not so, according to Dan Gianca- terino, education services manager for Jenkins Law Library. Giancaterino, a technology and research expert, says apps are fun and they may be used for some research. In fact, Jenkins’ FastCase is available as an app for the iPad. Such tools do not work well on small phone

Photo by Jeff Lyons Jeff by Photo screens. Giancaterino showcased several Panelists for the Sept. 16 program on law-related blogging included (front row, from left) HughE Dillon, Catherine Lucey free online research tools at the Sept. 16 and Chris Brennan, along with (standing, from left) Hank Grezlak, Gina Furia Rubel, Saul Segan and Jeff Blumenthal. meeting of the Law Practice Management Committee. Google Scholar (scholar.google.com) Blogging by Lawyers Can Increase has been indexing patents, journals, mag- azines and books for some time; however, it recently started indexing law review Visibility, Network, Panelists Say articles and cases. Through the site’s ad- vanced scholar page, one can obtain state n By Ria C. Momblanco way for you to be known better if you court cases dating back approximately 60 want to be known better” since it pro- Attorneys who have years, as well as federal court cases and Many a lawyer has probably fanta- vides an opportunity to tell readers one’s law review articles. Giancaterino does not sized about writing a blog of one’s own reaction to a news story or one’s take on a blogs tend to be know how often Google Scholar’s sources (right before writing that New York Times particular issue. Brennan observed that at- viewed as experts in feed it new cases or whether there are any best-selling legal thriller and right after torneys who have blogs tend to be viewed gaps in time. Further, Google Scholar retiring early and sailing around the as experts in the legal issues about which the legal issues about does not have shepardizing capability. But world). they blog. In addition, those attorneys which they blog. Google Scholar provides access to the full According to a panel of notable blog- are able to communicate with those who text of cases, and by clicking on a particu- gers speaking at the Sept. 16 meeting of respond to their posts, and those contacts lar case, one case determine whether the the Bar-News Media Committee, author- can result in speaking engagements and case has been cited by other cases. With ing a blog doesn’t necessarily have to be other activities that boost their profile in some digging, the user can determine if a far-fetched fantasy, and it may even be the legal community. gets of information.” the case is good law. worthwhile for those who want to raise Law blogs can boost a lawyer’s image In closing, Rubel gave some final Google Books (books.google.com) is their public profile, add to their profes- in the media as well. According to Lucey, advice to attorneys who are thinking of another excellent research tool. Google sional network or share their expertise on who covers legal news in relation to starting a blog as part of their marketing Books allows one to preview a book certain topics. Philadelphia’s city politics, lawyers can strategy. “Make sure you have something before purchasing or borrowing it. The panel, moderated by Commit- be especially helpful in giving updates on of value to say. Make sure there’s an audi- Through the site, one can even search tee Chair Gina Furia Rubel, featured pending cases and can offer insight on ence who cares about it. Don’t just start within a book to see if a specific term is The Legal Intelligencer’s Editor-in-Chief how the next step in the litigation may blogging about anything because you referenced within that volume. The tool is Hank Grezlak; Philadelphia attorney impact the parties. In addition, when want to set yourself apart from all the rest accessible from the Jenkins online catalog and Huffington Post blogger Saul Segan; journalists need an expert on a particular of the people who are out there doing the (jenkinslaw.org) if the book is featured Philadelphia Daily News political writers legal topic, they will often search law same thing,” she said. Rubel believes that on Google Books. Use of Jenkins’ online and Philly Clout bloggers Catherine blogs and look for attorneys who have considering these guidelines is important catalog is not limited to library members. Lucey and Chris Brennan; paralegal and posted a number of articles on that topic. to giving an attorney and his or her blog While Lexis representatives are not Philly Chit Chat blogger HughE Dillon; With respect to content, panelists ad- the credibility needed to make the blog thrilled about it, Giancaterino revealed and the Philadelphia Business Journal’s law vised that blogs should focus on a particu- an effective marketing tool. that Lexis offers LexisOne (lexisone.com) and finance journalist and blogger Jeff lar topic, and they should take advantage as a free service. This site includes federal Blumenthal. of multimedia formats. Blogs can be used Ria C. Momblanco ([email protected]), and state cases for the last 10 years. A dis- According to the panel, blogging can not only to showcase expertise, but also to an associate with Fine, Kaplan and Black, claimer is posted on the site, as Lexis does enhance the visibility of a lawyer’s practice share statistics, documents, links to other R.P.C., is an associate editor of the Philadel- not guarantee that no cases have been and expertise. As stated by Segan, “it’s a articles, and entertaining “fun little nug- phia Bar Reporter. continued on page 15 philadelphiabar.org October 2010 Philadelphia Bar Reporter 7 YLD Update Looking for Work? Volunteer and Network

The South Asian Bar By Albertine DuFrayne practice area in which inquire about whether there is anything Association of Phila- they have an interest, exciting scheduled in their courtroom. delphia recently invited even if they are practic- Ask whether you can observe in his or her me to speak on a panel ing another area at their courtroom. Make sure to approach the BlogLink about tips for young place of employment. court officer to ask to introduce yourself Visit philawdelphia.wordpress.com lawyers and law students Jim pointed out that to the judge at an appropriate time in the to read the latest blog entries from who are looking for jobs. taking on pro bono rep- proceedings. Speak with attorneys who the Young Lawyers Division. Luckily, I was joined on resentation in any field is are waiting for their cases to be heard. the panel by Ourania an excellent way to fill a The Bar Association has more than 60 to them until they have one. (Rainy) Papademetriou, gap in a resume because sections and committees on various topics If you are interested in volunteering managing attorney of it shows commitment of interest. Attending meetings in sections with Philadelphia VIP or another public Philadelphia VIP, and and initiative. and committees outside of the YLD will interest agency, visit PhillyVIP.org or the Jim Steigerwald, chair of All of the panelists help you get to know more established volunteer opportunities directory on the the hiring committee at Duane Morris, agreed that, in addition to experience, it is attorneys and learn about current issues Bar Association’s website. LLP. I thought I would share some of the important to go out and develop a com- in practice areas of interest to you. excellent advice that was presented at the munity network of other young lawyers The panelists also encouraged those in Albertine “Abbie” DuFrayne (adufrayne@pe- event. as well as more seasoned attorneys. Each attendance not to get discouraged and to trellilaw.com), an associate with Petrelli Law, Rainy explained how volunteering with person you meet has the potential to assist continue to pursue a position of interest P.C., is chair of the Young Lawyers Division. public interest organizations like Philadel- you and/or introduce you to other attor- phia VIP can provide hands-on exposure neys who may be able to assist you. to litigation and client representation You cannot be afraid to approach new YLD Election Deadline is Oct. 7; while offering opportunities to learn from people. Although initiating a conversation more experienced mentors. VIP volun- with someone new may seem awkward at teers provide pro bono representation first, most lawyers like to talk – a lot – so 7 Seats Up on Exec Committee in a variety of areas, which allows young it gets more comfortable. The Young Lawyers Division is now Bar Association, 1101 Market St., 11th lawyers to gain experience in almost any You can also contact a judge and accepting nominations from any voting Floor, no later than 3 p.m. on Wednes- member of the Division interested in day, Oct. 6. serving a three-year term on the YLD The Executive Committee manages INCORPORATION AND Executive Committee. This year’s elec- and directs the business and activities of INCORPORATION AND tion will be held Tuesday, Dec. 7 and the the YLD’s approximately 3,000 members, LIMITED LIABILITY COMPANY nomination deadline is Thursday, Oct. 7. including oversight of more than 30 com- Each year, seven new members are mittees in the areas of public service, law- FORMATION SERVICES elected to the Executive Committee. Any related education and service to the legal voting member of the YLD is eligible for community. Being on the YLD Executive election provided that the term of office Committee also gives lawyers in the early for which the individual runs shall not years of their careers opportunities for extend beyond his or her membership leadership, networking, and personal and in the Division. A member is eligible if professional growth. he/she is 37 years old or less in the year If you have any questions regarding the 2013 or, if he/she is older than 37, not nominating petition, Executive Commit- celebrating more than his/her third year tee, or the election process, please feel free of practice in 2013. The nominating to contact Tracey McCloskey, director of • PREPARATION AND FILING SERVICES IN ALL STATES petition and personal statement must be meetings and special events, at 215-238- returned to the offices of the Philadelphia 6360 or [email protected]. • CORPORATION AND LIMITED LIABILITY COMPANY OUTFITS • SAME DAY SHIPMENT OF YOUR ORDER • CORPORATE STATUS REPORTS National Economic Outlook Oct. 5 • UCC, LIEN AND JUDGMENT SEARCH SERVICES Dr. Jason Faberman, an economist Department in 2007. Prior to that, he at the Federal Reserve Bank of Philadel- spent four years as a research economist • DOCUMENT RETRIEVAL phia, will present a national economic with the U.S. Bureau of Labor Statis- • REGISTERED AGENT SERVICE IN ALL STATES outlook with a review of the region at a tics in Washington, D.C. His research Young Lawyers Division 20/20 program interests focus on the labor market, with on Tuesday, Oct. 5 at 12 p.m. in the 11th an emphasis on the employment behavior M. BURR KEIM COMPANY floor Conference Center of Bar Associa- of individual businesses and workers and tion headquarters, 1101 Market St. its implications at the macro level, micro Phone: 215-563-8113 Fax: 215-977-9386 The program is free to attend. Lunch level, and across different geographic 2021 ARCH STREET can purchased for $8. areas. He received his Ph.D. and M.S. PHILADELPHIA, PA 19103 Dr. Faberman joined the Regional and from the University of Maryland, College www.mburrkeim.com Microeconomics Section of the Federal Park and his B.A. and B.S. from Lehigh Reserve Bank of Philadelphia’s Research University.

8 Philadelphia Bar Reporter October 2010 philadelphiabar.org PROFESSIONAL RESPONSIBILITY COMMITTEE Know Risks of Technology in Your Practice

offices, disaster preparation and data loss The decision to have a virtual law office n By Angie Halim prevention, e-mail and metadata. raises many ethical questions, including The bottom line when Cloud computing, or hosting services, advertising issues, letterhead, address, etc. Without question, technology is essentially the “off-site storage” of Most of the ethical questions presented it comes to technology can be both a blessing and a curse. In data. Cloud computing allows users to can be answered by referring to the Penn- in the legal landscape his Sept. 14 presentation “Managing store large amounts of data that does not sylvania Rules of Professional Conduct. the Risks and Benefits of Technology,” have to be physically stored on an office Specifically, Rule 7.2 addresses many is that all lawyers have attorney Daniel J. Siegel explained how computer. Siegel pointed out that data concerns raised when deciding to operate an obligation to pro- good forethought and some simple steps storage is much cheaper and much more a virtual office. can make technology more of a blessing accessible now than ever before. Lawyers Disaster preparation and data loss tect client data. than a curse. can – and should – consider purchasing prevention essentially merge into one very The program was presented by the storage space from a managed service that important category. Protecting client data When it comes to e-mail and meta- Professional Responsibility Committee allows for the online storage of data. is at the heart of every technology issue. data, Siegel recommends thinking about and co-sponsored by the Young Lawyers The bottom line when it comes to It is imperative to have policies and proce- and implementing policies for issues such Division and the Law Practice Manage- technology in the legal landscape is that dures in place before natural disasters hit. as retention, confidentiality and case ment Committee. all lawyers have an obligation to protect While natural disasters absolutely do oc- management systems. While there are numerous benefits to client data. When a lawyer makes the cur, a disaster relating to human error or As lawyers, we have an obligation using technology in legal practice, there choice to purchase hosting services, s/he is a hard drive crash is much more likely to to competently represent our clients, are risks that lawyers must think about. ceding control of client data to someone occur – and can be just as disastrous. It is and that extends to the technology we Preparation is the key to managing the else. Before choosing a hosting com- now commonplace – and common sense use to represent them. Siegel imparted risks. Although lawyers and the legal pany, it is crucial to know what is in the – to have backup mechanisms in place, sage advice as it pertains to lawyers and industry have traditionally been behind provider contract or licensing agreement. whether it be back-up hard drives, servers technology: “if you’re not tech savvy, find the curve with technology, most practices Before clicking that “agree” button, know or online back-up services. Siegel warned someone who is.” now heavily rely on all facets of technol- what the terms are. that backup mechanisms are useless if ogy to run their day-to-day practices. The issue of having a virtual law office they do not have restoration functions. Angie Halim ([email protected]) is an Technology has the capability to raises a lot of questions. In Pennsylvania, Siegel recommends doing a test run to associate with Ahmad & Zaffarese, LLC. make better lawyers. It allows us to share lawyers are permitted to maintain a vir- restore data that was previously backed information more quickly and more tual office with no physical presence that, up. He also recommends backing up not efficiently, to stay connected, and to run in this tough economic climate, allows just data, but also the software applica- Podcast much more cost-effective offices. Siegel lawyers to keep overhead costs very low. tions that run the data. He cautioned that Spotlight presented several categories of “hot top- It becomes critical, then, to become not the data itself is of very limited use if you Visit philadelphiabar.org to listen to ics” as it pertains to technology in legal only technologically proficient but to also do not have the application you need to the podcast from this meeting. practice: cloud computing, virtual law be aware of the ethical issues presented. run the data. Public Interest Section Peoples Law School Convenes Seeks Hamilton Nominees Young Lawyers Division Chair-Elect Carolyn M. The Public Interest Section is now accepting Chopko (standing, with nominations for the annual Andrew Hamilton Award. microphone) welcomes the The nominations deadline is Oct. 22. Class of 2010 to the Peoples Nominees must be a legal services advocate or public Law School on Sept. 21 at defender employed by, or associated with, an organiza- the Criminal Justice Cen- ter. The six-week program tion whose purpose is to serve persons who cannot provides Philadelphians with afford to pay for legal representation, or be a public- basic information about interest lawyer working with a nonprofit organization areas of the law most likely serving a charitable or public interest purpose. In to impact daily life. The addition, nominees must have substantial experience program features 11 unique courses and runs through in legal services, indigent defense or public interest law Oct. 26. The programs, pre- and must currently be employed in one of these capaci- sented by YLD volunteers, ties. The selection committee will consider such factors include Social Security and as personal vision and commitment; critical nature of disability benefits, trusts the problems addressed by the nominee’s advocacy; in- and estates, small claims novative nature of the nominee’s work; outcomes and and landlord/tenant, consumer credit, personal results achieved through effective advocacy; the dif- injury, criminal law, real es- ficulty of achievement; and community commitment. tate, employment law, bank- Nominations are encouraged and should include ruptcy, workers’ compensa- the individual’s name, address and a brief statement tion and family law. More describing his or her qualifications. Mail nominations than 80 people attended the Sept. 21 session. to Tracey McCloskey c/o Philadelphia Bar Association, Petitti Michael by Photo 1101 Market St., 11th Floor, Philadelphia, PA 19107. philadelphiabar.org October 2010 Philadelphia Bar Reporter 9 Philadelphia Bar Association 2010 Bench-Bar & Annual Conference Conference Schedule October 15 - 16, Borgata - Registration Form Friday, Oct. 15 Mem- Public Int. YLD Non- 9:30 a.m...... Registration Registration Type Total 11:15 a.m...... Opening Luncheon and CLE Plenary ber & Gov Member Member • 275 Years of Freedom of the Press: Full Conference - A Reenactment of the Trial of John Peter Zenger Includes all CLE programming and $429 $279 $279 $479 2:30 p.m...... CLE seminars all sponsored meals and events on Fri. • Challenges in Removal From State to and Sat. Federal Court Friday Only - • Trial Advocacy: The Power of Ideas Includes Reception: • Diversionary Programs as Alternatives to $299 $149 $149 $349 Includes all CLE programming and Incarceration: What They Offer and What to all sponsored meals and events on Fri. Do as an Advocate 3:45 p.m...... CLE seminars Friday - Reception Only: $125 $125 $125 $150 • Discovery in the Criminal Division of Includes Fri. night event only. Philadelphia Municipal Court and the Court Saturday Only: of Common Pleas Includes all CLE programming and $229 $79 $79 $279 • To Prep or Not to Prep? That Is the sponsored meals on Sat. Question: Ethical Considerations for Family Non-CLE Credit and Law Practitioners • The Philadelphia JPT Program: A Fresh Guest Fee: $175 $175 $175 $200 Perspective on What it Takes to Be and Ap- Includes all sponsored meals and pear Before a JPT events on Fri. and Sat. 6:30 - 10:30 p.m...... Grand Reception Saturday, Oct. 16 Registration Type: Total Due: 8 a.m...... Breakfast and registration 9:30 a.m...... CLE seminars Attendee Name: • Social Media and the Practice of Law • Civility – Nice Guys and Gals Do Not Fin- Nickname on Badge: ish Last (if different than above) • Mortgage Foreclosure Diversion Pro- Company/ Organization: gram Litigation Guest Name(s): 10:30 a.m...... Break and Hotel Check-Out 11 a.m...... CLE seminars Address: • Counseling the Corporation • My Witness Went South - What Now? City: State: Zip: • Technology in the Courtroom Phone: Fax: E-mail: 12 p.m...... Closing CLE Plenary and Luncheon • State of the Court Presentation Credit Card Holder: Special Dietary Needs: Bench-Bar Emergency Contact: Phone: continued from page 1 Card Type: ❏ AMEX ❏ MASTER CARD ❏ VISA

All Rights Reserved. Used by permission of the author.) Card Number: Expiration Date: The plenary, sponsored by the Association’s Historical Signature: Date: Society, will include a question-and-answer session mod- erated by retired Pennsylvania Supreme Court Justice Mail to: Philadelphia Bar Association, 1101 Market St., 11th Fl., Philadelphia, PA, 19107-2955 Jane Cutler Greenspan, Pennsylvania Superior Court or Fax to: 215-238-1159 Judge Correale F. Stevens and attorneys Carl A. Solano of Schnader Harrison Segal & Lewis LLP and D. Alicia Hotel reservations must be made directly with the Borgata by calling 1-866-692-6742. Hickok of Drinker Biddle & Reath LLP. The plenary, in- cluding the performance and Q & A, provides two hours Pleas President Judge Pamela Pryor Dembe and Phila- are USI Affinity, LexisNexis, JAMS, TD Bank, Iron of substantive CLE credit. The performance will feature delphia Municipal Court President Judge Marsha H. Mountain, Kaplan, Leaman and Wolfe Court Reporters, actors from Temple University’s Department of Theater. Neifield. Please note that all programs and times are American Express, CourtCall and IKON Office Solu- The program will be directed by Temple University’s subject to change. tions. Jill E. Harrison and the cast will include performers in Vice Chancellor John E. Savoth and Board of Gov- The Philadelphia Bar Association would like to thank period costume. ernors Vice Chair Regina M. Foley are co-chairs of the the following for providing scholarships to public inter- CLE programs are being offered by the Bar-News 2010 conference. est and government attorneys so they can attend the Media Committee, Criminal Justice Section, Family On Friday night Oct. 15, the Grand Reception will Bench-Bar & Annual Conference: Buchanan Ingersoll Law Section, Federal Courts Committee, Professional be held at the newly renovated MIXX nightclub, one of & Rooney PC; Business Law Section; Cozen O’Connor; Responsibility Committee, Public Interest Section, Real Atlantic City’s hottest nightspots. Duffy + Partners; Feldman, Shepherd, Wohlgelernter, Property Section and State Civil Litigation Section. Full-conference admission is $429 for members and Tanner, Weinstock & Dodig LLP; Joseph A. Sullivan; A State of the Court Presentation will also be offered $479 for non-members. For members of the Young Law- Kovler & Rush, P.C.; Marshall Dennehey Warner Cole- for CLE credit as the closing program on Saturday, yers Division and government and public interest attor- man & Goggin; Messa & Associates; Montgomery, Oct. 16. Panelists for this session include Pennsylvania neys, admission is only $279. Hotel reservations must be McCracken, Walker & Rhoads, LLP; Rosen, Schafer & Supreme Court Chief Justice Ronald D. Castille, Penn- made separately by calling the Borgata directly at 1-866- DiMeo, P.C.; Saltz Mongeluzzi Barrett and Bendesky; sylvania Commonwealth Court President Judge Bonnie 692-6742. In-person registration for the Bench-Bar & and Wilson, Elser, Moskowitz, Edelman & Dicker LLP. Brigance Leadbetter, Pennsylvania Superior Court Judge Annual Conference will be available at the Borgata. Feldman & Pinto, P.C. and Raynes McCarty each do- Correale F. Stevens, Philadelphia Court of Common Sponsors for the Bench-Bar & Annual Conference nated two scholarships.

10 Philadelphia Bar Reporter October 2010 philadelphiabar.org Bar Foundation If We All Pitched In, Imagine the Difference

Let me set the scene. The Philadel- average of just more than By Amy B. Ginensky • It would result in tions and other providers to the poor and phia Bar Foundation trustees are at their $500 each, we would hundreds of additional disadvantaged (educators, doctors, social monthly meeting this summer. We’re dis- raise nearly $2 million homes being saved from workers) could be better coordinated, cussing our new fundraising initiative – a annually. foreclosure. As Phila- so rather than putting a Band-Aid on campaign to increase individual giving Since the scenario delphia VIP Executive each problem, a true cure for the whole from Philadelphia lawyers. One of our I described really did Director Sara Woods individual could be administered. newer trustees speaks up (imagine Jimmy happen (maybe not so told us, it was because And the list goes on. Stewart in “Mr. Smith Goes to Washing- dramatically) this sum- of the Bar Foundation As our new board member said, “We ton” or Fred Magaziner from Dechert): mer, we had a chance to grant last year that VIP can do better.” We at the Bar Foundation “I know it is great that the Foundation ask our colleagues in the had the funding avail- are asking you to help us do better by our was able to give out $563,000 last year public interest com- able to start the nation- public interest community and, more – more than ever before – but with munity how the world ally acclaimed Mortgage importantly, by the struggling, distressed 18,000 lawyers in Philadelphia, we would be different if they Foreclosure Prevention people they provide with legal services. should be able to do much better.” Funny received four times the funding they cur- Project. Just imagine what could be done So if one of your colleagues approaches how that is; you need someone new to rently get from the Bar Foundation. if more funds were available. you and asks you to support the Bar take a look at a situation, and offer the Not surprisingly, they did not talk • More funding would allow serving Foundation, or if you receive a letter from observation that should have been appar- about upping their salaries, vacations in hundreds more clients who require help us, or even after reading this article, I ask ent to the rest of us long ago. the Bahamas or having nicer offices. The in retaining or obtaining employment. It you to give, please give. With your help, We all take a deep breath and let our answers were directed to better serving would allow them to work on new initia- we will reach that $2 million mark. A thoughts go. What if, in addition to the those being served and more importantly tives, such as a comprehensive approach girl’s gotta dream, doesn’t she? support the Bar Foundation gets from to serve the many in need who still have to enforcing wage violation judgments to law firms (thank you again to all the firms no access to justice and go unrepresented. protect low-income workers. Amy B. Ginensky (ginenskya@pepperlaw. who are sponsoring the Andrew Hamil- This is some of what we heard: • Services amongst the grantee organi- com), a partner at Pepper Hamilton LLP, is ton Benefit), every individual lawyer gave • An increase in funding to the zations and between the grantee organiza- president of the Philadelphia Bar Foundation. $500 to the Philadelphia legal commu- Philadelphia public interest legal commu- nity’s foundation to support legal services? nity would result in an increase in legal Someone pulls out a calculator (well services to the poor, because more lawyers The Philadelphia Bar Foundation’s not really, but I’m on a roll) and punched could be hired. There are thousands and in the numbers. “Eighteen thousand thousands of poor people who go unrep- Andrew Hamilton Benefit times $500? That would bring in $9 resented. Increased funding would allow at Lincoln Financial Field million!” the problem to be attacked. OK, that is pure fantasy. But $2 • A prime example is custody cases. million to $3 million to give to the Bar Lawyers could be hired to run an effective Foundation’s 33 grantees really does seem pro bono program to handle custody doable. If we got 3,600 lawyers (just 20 cases. Right now, most poor people go TEAM UP percent of the total number of lawyers unrepresented in custody disputes. More practicing in Philadelphia) to give an funding could reverse that situation. FOR JUSTICE SATURDAY, NOVEMBER 6, 2010 Nominees Sought for Workers’ Comp Award 7-11 PM Nominations are now being sought qualities of compassion, dedication, com- for the Workers’ Compensation Section mitment, and professionalism, to our Martha J. Hampton Memorial Award. Section, to the public, and to the practice The Award will be presented at the Sec- of workers’ compensation law, qualities tion’s Annual Holiday Party on Thurs- which were so important to Hampton. day, Dec. 2 at Cescaphe Ballroom. The Award is accompanied by a Nominations should be forwarded donation, made on the honoree’s behalf, to Marc Jacobs, Esquire, at mjacobs@ by the firm of Galfand Berger, to Kid’s galfandberger.com or by mail to Marc Chance. Kid’s Chance provides college Jacobs, Esquire at Galfand Berger, LLP, scholarships to the children of injured or 1818 Market St., 23rd Floor, Philadel- deceased workers. phia, PA 19103. The deadline for nomi- Past recipients of the Award include nations is Friday, Nov. 5, 2010. Judge Scott Olin, Judge Christina J. HELP US LEVEL THE PLAYING FIELD This Award, established in 2000, was Barbieri, Judge Jerold G. Klevit, Stephen created by the Section to honor the mem- T. Potako, Jeffrey S. Gross, Lenard A. ory of an attorney who was an advocate, Cohen, Maria Terpolilli, Peter J. Weber, Buffet Dinner & Dancing, Live & Silent Auction educator, and friend to all. The Award Judge Pamela Santoro and Halmon L. is presented annually to the member of Banks III. For info contact Lynne Brown at [email protected] or 215-238-6347 the bar or bench who best exemplifies the philadelphiabar.org October 2010 Philadelphia Bar Reporter 11 Complying with Americans with Disabilities Act n By Jamie Ray-Leonetti benefit from the services of an interpreter, Allow the interpreter to converse with the will interpret in the first person in order the judge may ask the following on the deaf or hard of hearing person prior to for the record to be accurate. The inter- The Americans with Disabilities record to establish the need: please tell the proceedings to ensure effective com- preter will convey all questions, answers Act as Amended (ADAAA) assures the court your name; you have the right munication and identify possible signing and courtroom dialogue. Therefore, the equal access to justice for people who to participate and understand these differences or other concerns. Addition- interpreter is always working. Advise are deaf, deaf-blind, or hard of hearing. proceedings. tell the court the best way ally, deaf persons with minimal language the interpreter to notify the court when Attorneys and courts must work closely to communicate with you, so you know skills, blindness or who rely upon lip breaks are needed. with interpreters, parties and witnesses what is being said; and do you need an reading may require specialized interpret- If the proceeding will last longer than to determine effective communication interpreter? ing services. In these instances, the court two hours or has multiple deaf or hard methods. Possible accommodations may Interpreters must be qualified under may need to provide such an interpreter. of hearing persons involved, require the include qualified sign language inter- Evid.R.604 and Title II of the ADAAA. Ask the deaf or hard-of-hearing person presence of two interpreters who can preters, specialized interpreter services, An impartial, certified interpreter should if he or she is able to understand and switch off as needed. Proper interpreter computer-assistive transcription services be used at all times. Priority should be communicate through the interpreter. positioning and close proximity to the and assistive listening devices. given to those holding a Specialist Cer- Instruct the person to raise a hand if speaker allow optimal communication. The ADAAA requires an attorney to tificate: Legal (SC:L) from the Registry something is not understood. The Philadelphia Bar Association ask the potential client, or client with a of Interpreters for the Deaf (RID). If an Allow the interpreter to view court files has a fund to assist solo, small firm and hearing disability, the type of reasonable SC:L interpreter is not available, other prior to the proceedings to become famil- public interest attorneys with the cost of accommodation they need. An attorney certifications may be appropriate, with 80 iar with names and technical vocabulary. interpreter services. For more informa- cannot charge an individual for the cost hours of legal interpreter training. Allow the interpreter to view all exhibits, tion, contact Cathryn Miller-Wilson of a reasonable accommodation such as Communication in an interpreted pro- photos or other visual records prior to ([email protected]) or Jamie Ray- a qualified sign language interpreter. The ceeding should be facilitated by advising their introduction into evidence. Leonetti ([email protected]). court is also obligated to provide reason- everyone in the courtroom of the pres- Speak directly to the party or witness, able accommodations to parties and ence and role of the interpreter. Instruct not to the interpreter. Do not ask the Jamie Ray-Leonetti ([email protected]) is witnesses. If a request for an interpreter is participants to speak loudly and clearly. interpreter to explain or restate anything assistant director of the client assistance pro- not made, but the party or witness could Allow only one person to speak at a time. the party or witness says. The interpreter gram of the Center for Disability Law Policy.

appropriate way to pay tribute to Andrew them against our individual and shared whether as a national or community Frontline Hamilton this year and the live reenact- experiences? leader, an informed voter or a simple continued from page 3 ment is the perfect vehicle. His landmark According to noted historian Peter N. observer. defense of publisher Zenger, in the case Stearns, professor of history at George But history also reminds us – some- By recounting their unique and that “could not be won,” is now a vibrant Mason University, “History must serve, times painfully – about errors of the past. cherished memories of their experiences part of the legacy of being a Philadelphia however imperfectly, as our laboratory, Sometimes our greatest celebrations of and accomplishments at the helm of our lawyer. By bringing it to life before a live and data from the past must serve as our progress are in pointing out how dif- Association, these distinguished leaders audience, we will allow attendees of all most vital evidence in the unavoidable ferent things are “now” than they were tell the “story” of the Association as no ages to connect with the case that really quest to figure out why our complex spe- “back then.” Our Historical Society will one else can. The interviews will have a started defining who we are as a legal cies behaves as it does.” not ignore that some of our own history permanent home on the future website community. Historians believe that this, fundamen- is not what we are proud of. We cannot of our Historical Society. The website will But for all these efforts, a fair question tally, is why we cannot ignore history: it ignore this in the modern era and must also bring to life other unique aspects of is: why? Why in the age of a disposable offers the only evidence for how societies appreciate it to see how far we have come, our Bar history, including a new and en- culture, should we invest so much effort function over time, and people must have and how far we have yet to go. hanced home for our current and future in studying our history? a sense of how societies function simply In the years to come, the Historical Legends of the Philadelphia Bar – our As Chancellor, I believe we cannot plot to run their own lives. Society will move into more topics and “hall of fame” of the city’s legal giants of a course for the future without knowing History well told is beautiful. As we cover existing ones in greater depth. This the past. the path we have traveled so far. To me, have seen through our Chancellors’ video will be the time when members – of all Next, the Historical Society established future is inextricably intertwined with archive project, stories well told are stories ages and diverse walks of life – should an interactive and virtual timeline. This what has already transpired. If we make that reveal how people and organiza- come forward with their stories. We will be an incredible feature because there each decision devoid of an historical tions have functioned, and they prompt study our history as Philadelphia lawyers is no limit to how much information we context, we risk wasted effort and repeat- thoughts about the human experience in because our history belongs to . record or how different members will ing hard learned mistakes. Conversely, other times and places. These stories shed Regardless of our individual backgrounds search it. History means different things those with a keen eye toward history have light beyond facts and figures and remind or characteristics, it is our one commonal- to different people. Their approach will insight as to how ideas will be received, us all that even the greatest of events ity, the thread that binds us as a profes- allow each member to experience relevant whether advances met challenges and always have a human side to them. Study- sion. Our history is a mosaic composed history in their own way. The timeline how to best predict results. For lawyers, ing the stories of our leaders of the past of thousands of individual stories. Each will also give us a place to permanently this is often easy as the fundamental prin- allows us to test our own moral sense, to story is beautiful in its own right, but store copies of old photographs, articles ciple of legal precedent is to apply prior hone it against some of the real complexi- together they create an even more vivid and documents in a manner that will im- decisions to the facts at the bar today. ties we have faced in our own difficult depiction. munize them from natural deterioration. The American Historical Associa- settings. Without you, our history is incom- This month we will also present a very tion, the professional association for all History also helps provide identity. plete. special historical reenactment. At the Oct. historians, proffers that history should be Historians believe the study of history 15-16 Bench-Bar & Annual Conference, studied because it is essential to individu- is essential for good citizenship. History Scott F. Cooper, a partner with Blank Rome we will feature a live reenactment of the als and to society and it gives us context. provides data about the emergence of na- LLP, is Chancellor of the Philadelphia Bar trial of John Peter Zenger, which 275 How can we understand genius, the in- tional institutions, problems and values. Association. His e-mail address is chancellor@ years ago gave birth to the “Philadelphia fluence of technological innovation, gage Studying history encourages habits that philabar.org. Lawyer.” We have been working on an progress or failure, if we do not measure are vital for responsible public behavior,

12 Philadelphia Bar Reporter October 2010 philadelphiabar.org PNC Perspectives Economic Recovery Sustainable, But Subpar

The PNC Financial Services Group, suggest that we are By Jackie B. Lessman Inc., one of the nation’s largest diversified headed for a double- financial services organizations, is pleased dip, or just that we are to present this article as the first of a slowing? series offered by PNC Wealth Manage- Bill Stone: Fears of ment senior vice president and senior an economic double- crucial pieces to the ing its slow recovery despite the recent banking advisor, Jackie Byrne Lessman, dip have dominated sustainability puzzle, slowdown. Further significant gains will CFP®. As part of this series, Lessman headlines, but it is what are other eco- likely be contingent on some better news will explore a distinct topic or an issue not abnormal to have nomic indicators that out of the employment picture. relevant to the legal community ranging periods of relative need to be evaluated? Regarding employment trends, we from investment management, wealth economic weakness There are three main expect job creation deterioration to fade planning, trust, estate services and other during a recovery. There parts to our sustain- and to come back into positive territory PNC areas of expertise. are those who might be ability indicators. They before the end of the year. We would As a PNC liaison to the legal com- dismayed at the slow rate of the recov- include housing, consumer spending and argue that if employment growth does munity, Lessman specializes in working ery; however, our view remains that the employment – employment being last not eventually turn consistently positive, with law firms and attorneys regarding economic recovery is sustainable, but that and, as you say, most crucial. then the recovery most certainly will not their banking needs, as well as class-action the recovery will be subpar. Our U.S. real Given that housing was at the epi- be sustainable. The indicators and our plaintiff firms and claims administra- GDP growth estimates for calendar years center of the financial crisis, we have judgment continue to point to sustain- tors. Lessman is committed to leveraging 2010 and 2011 are both for 2.9 percent. long held that it is imperative for this able economic recovery, in agreement PNC’s in-depth resources to cultivate As we predicted in our 2010 outlook, segment to stabilize in order to calm the with our baseline forecast and our view relationships with regional law firms and corporate earnings have been the most financials sector and support consumer regarding employment, but this is by no attorneys by offering support and solu- visible portion of this recovery. The U.S. net worth and confidence. Housing data means certain. tions. economy has grown at a half-speed pace, continues to be heavily distorted by the The economic data have continued Recently, she sat down with E. William while earnings have followed a V-shaped now-expired homebuyer tax credit. With to wear on the nerves of both the bulls Stone, CFA®, CMT, senior vice president trajectory. Here at PNC, we continue to housing demand pulled forward and cur- and the bears – not nearly enough and chief investment strategist for PNC monitor economic indicators closely for rent indicators lackluster, we believe it is evidence to show that a self-sustaining Wealth Management and Institutional signs of weakness in our current forecast likely house sales and house construction recovery has engaged, but not a disaster Investments, to discuss the current state and remain vigilant around any change in will remain weak before re-solidifying in to indicate that another serious down- of the economy and examine the many our baseline forecast. the fourth quarter, assuming ongoing im- turn is a fait accompli. This sends the factors that influence the direction of the The American people are deeply provements to labor market conditions. market into a constant state of reac- financial markets. concerned about the economy and We would describe the housing sector as tion to high-frequency economic data. Jackie Lessman: The recent soft their jobs, especially after the Federal bouncing along the bottom, but it seems Where does this leave investors and patch in economic data has renewed se- Reserve reported in September that to have stabilized. what are PNC’s current recommenda- rious concerns about the sustainability the United States economy showed Consumer spending is another im- tions for investors? of the current economic recovery. Does “widespread signs of a deceleration.” portant piece of the sustainability puzzle. This leads us to the view that investors the dimmed confidence in the recovery Employment being one of the most Consumer spending seems to be continu- continued on page 15

Family Law years ahead) to construct a distribution and sup- Women’s Rights continued from page 4 port scheme that considers future variables, such as continued from page 5 interest, inflation and non/liquidity of assets. In a by 90 organizations from more than 40 states asking the FBI to contact third parties such as teachers, psychologists litigated case, the court basically takes a snapshot of change the code’s definition of rape to include a broader range of and family members who have relevant information the economic circumstances on the date of distribu- acts. Tracy stated, however, that she never received a response. The concerning custody. The lawyers’ role in the process tion. Sept. 14 Judiciary Committee hearing took place, in part, to revisit is to provide legal advice concerning issues such as While the experts are engaging in their desig- this issue. private/public school selec- nated duties, the parties and Linking the issue of rape with issues of reproductive rights, Tracy tion, relocation, tutoring and counsel engage in a series of pointed out that the law of rape evolved from property laws, and special needs for the children Podcast four-way meetings. A “to-do” not the law of assault. She argued that this is profound because, in involved. list is prepared to keep the case her opinion, much of the war revolving around abortion has more The financial experts are all Spotlight and discovery on track. Trans- to do with controlling women than it has to do with moral posi- Certified Divorce Financial Visit philadelphiabar.org to listen to parency in discovery is critical tions. Analysts (CDFA), a designa- the podcast from this meeting. to success of the process. Tracy noted, however, that although the issues of rape and abor- tion for financial advisors with A two-day training course tion have similar underpinnings, the women’s rights community special training related to divorce matters. After is offered annually to attorneys who want to learn has effectively separated into silos when it comes to addressing these discovery, the CDFA prepares a report regarding the about the collaborative process and/or join the issues. Tracy stressed that the women’s rights movement must come parties’ income(s), budget, assets, liabilities, break- CFLA. For more about the collaborative family together and recognize the fundamental issues connecting their down between marital and non-marital property process visit www.collaborativefamilylaw.com. movement, which are bodily integrity and personal autonomy. “If and a proposed distribution schedule. Unlike the women don’t have that, then women don’t have rights,” she said. traditional divorce setting, in a collaborative case, Julia Swain ([email protected]), a partner with the financial expert projects the value of the assets Fox Rothschild LLP, is an associate editor of the Philadel- Nicole C. Edwards ([email protected]), an associate with and incomes through the future (10 and even 20 phia Bar Reporter. DLA Piper, is an associate editor of the Philadelphia Bar Reporter. philadelphiabar.org October 2010 Philadelphia Bar Reporter 13 Statement of ownership, management and circulation (required by 39 USC 3685) 1. Publication title: Philadelphia Bar Reporter. 2. Publica- Constitution Day Naturalization tion No.: 710-610. 3. Filing date: October 2010. 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, Philadel- phia, Pa. 19107-2911. Contact person: Mark Tarasiewicz. Telephone: (215) 238-6346. 8. Complete mailing address of headquarters or general business office of publisher: Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. 9. Full names and complete mailing addresses of publisher, editor, and managing edi- tor: Publisher: Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. Editor: Asima Panigrahi, Esq., Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. Managing edi- tor: Jeff Lyons, Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. 10. Owner: Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. 11. Known bondholders, mortgagees, and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages, or other securities: none. 12. Tax status (for completion by non-profit organizations authorized to mail at nonprofit rates): The purpose, function and nonprofit status of this organization and the exempt status for federal income tax purposes has not changed during the preceding 12 months. 13. Publication Title: Philadelphia Bar Reporter. 14. Issue date for circulation data below: September 2010. 15. Extent and nature of circulation: A. Total number of copies (net press run): Average number of copies each issue during preceding 12 months: 10,614. Number of cop- ies of single issue published nearest to filing date: 9,553. B. Paid and/or requested circulation: 1. Paid/requested outside-county mail subscriptions stated on Form 3541 (Include advertiser’s proof and exchange copies): Average number of copies each issue during preceding 12 months: 2,802. Number of copies of single issue published nearest to filing date: 2,469. 2. Paid in-county subscriptions stated on Form 3541 (Include advertiser’s proof and exchange copies): Average number of copies each issue during preceding 12 months: 7,477. Number of copies of single issue published nearest to filing date: 6,749. 3. Sales through dealers and carriers, street vendors, coun- U.S. District Court Judge ter sales and other non-USPS paid distribution: Average Mary A. McLaughlin (top number of copies each issue during preceding 12 months: left) and Chancellor Scott F. 0. Number of copies of single issue published nearest to Cooper addressed a special filing date: 0. 4. Other classes mailed through the USPS: naturalization ceremony on 0. Average number of copies each issue during preceding 12 months: 0. Number of copies of single issue published Sept. 17 at the National Con- nearest to filing date: 0. C. Total paid and/or requested stitution Center to celebrate circulation (sum of 15B1, 15B2, 15B3 and 15B4): Average Constitution Day. Seventy- number of copies each issue during preceding 12 months: five people from 33 nations 10,279. Number of copies of single issue published nearest became American citizens at to filing date: 9,218. D. Free distribution by mail (samples, the event, sponsored by the complimentary and other free copies): 0. Average number of copies each issue during preceding 12 months: 0. 1. Philadelphia Bar Association. Outside-county as stated on Form 3541: 0. 2. In-county as stated on Form 3541: 0. 3. Other classes mailed through the USPS: 100. Number of copies of single issue published nearest to filing date: 1. Outside-county as stated on Form 3541: 0. 2. In-county as stated on Form 3541: 0. 3. Other classes mailed through the USPS: 100. 4. Free distribution outside the mail (carriers or other means): Average num-

ber of copies each issue during preceding 12 months: 153. Lyons Jeff by Photos Number of copies of single issue published nearest to fil- ing date: 170. E. Total free distribution (sum of 15D1, 15D2, 15D3 and 15D4): Average number of copies each issue during preceding 12 months: 253. Number of copies of sin- website has been developed to further in civil proceedings where fundamental gle issue published nearest to filing date: 270. F. Total dis- tribution (sum of 15C and 15E): Average number of copies Civil Gideon the mission of the Task Force to educate human needs, such housing and custody/ each issue during preceding 12 months: 10,532. Number continued from page 1 the legal and public community about access to children, are at stake,” said Task of copies of single issue published nearest to filing date: 9,488. G. Copies not distributed: Average number of copies the need for civil Gideon in these critical Force Co-Chair Joseph A. Sullivan. “We each issue during preceding 12 months: 303. Number of In November 2009, the Philadelphia matters. also want to educate and gather support copies of single issue published nearest to filing date: 300. Bar Association’s Board of Governors Civil Gideon Corner includes a history from key stakeholders, including judges, H. Total (sum of 15F and 15G): Average number of copies each issue during preceding 12 months: 10,835. Number adopted the Task Force’s Preliminary of the Task Force, a list of the members, the academic and business communities, of copies of single issue published nearest to filing date: Report, Findings and Recommenda- relevant Bar Association resolutions, the and the legislature about the economic 9,788. J. Percent paid and/or requested circulation (15C tions, which endorsed the development Task Force’s Preliminary Report, Find- and other benefits to society as a whole ÷ 15F x 100): Average number of copies each issue dur- ing preceding 12 months: 97.60 percent. Number of copies of pilot projects in eviction and mortgage ings and Recommendations, information with the provision of such representation of single issue published nearest to filing date: 97.15 per- foreclosure defense and custody cases as about the current civil right to counsel in at no cost to those who cannot afford it cent. Signed, Kenneth Shear, Executive Director, Sept. 21, 2010. I certify that all information on this form is true and well as the development of an education Pennsylvania, articles, special programs, in these key areas. The civil Gideon web complete. I understand that anyone who furnishes false and communications plan to inform the other resources and studies. pages will keep lawyers and other stake- or misleading information on the form or who omits mate- legal and public community about the “A major goal of our civil Gideon holders informed about the latest research rial or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) critical need to expand the right to coun- efforts is to educate the legal commu- and reports, special events and the latest and/or civil sanctions (including civil penalties). sel for low-income people faced with the nity and the society at large that justice developments in Philadelphia and around threatened loss of these basic needs. This requires that there be a right to counsel the country.”

14 Philadelphia Bar Reporter October 2010 philadelphiabar.org green ribbon task force Cut Down on Paper Consumption, Save a Forest n By Jenimae Almquist and disposal impact of the process. The not used to drive a newspaper to my door www.phila.gov/li/UpdDocs/No_hand- Minneapolis Star Tribune, which has an for distribution. bills.pdf, or call 215-686-2408. Once We are all becoming increasingly average length of 172 pages, requires I would not be a Philadelphia lawyer you sign up, a “circular free” sticker will attuned to recycling at work and at about 4,472 trees’ worth of newsprint without advancing a disclaimer; like be sent to you for posting in a conspicu- home, meaning that less of our paper every week, leading to a shocking total of most things environmental, controversy ous location to further discourage deliv- waste ends up in a landfill or a polluting 232,544 trees downed per year, according surrounds the idea that digital is more ery. Of course, you must be the owner or incinerator. For example, many firms and to ForestEthics.com. sustainable. Many newspapers and maga- authorized lessee of the property to sign companies are now checking to ensure Frankly, I do not relish the idea of zines already use a significant portion of up for the service. that their shredding vendor actually booting up my home computer just to recycled content in their output process, Protect Your Identity takes the waste to be recycled rather relax with some news or pop culture. I am and citizens complain about the death No one wants the hassle of having than engaging in a disposal method that strapped to my BlackBerry and computer of publishing and the economic impact their identity stolen, a common occur- pollutes the environment. In visiting area as it is. But upon investigation, I learned of putting papermaking companies and rence today. To protect both yourself law firms for depositions of late, I have that the Kindle, iPad, Sony Reader and distributors out of business. From the and the environment, consider signing noticed a trend toward multiple bins the like have an increasing number of lawyerly perspective, let it only be said up for online bill notification to keep to sort paper from plastics, metal and magazines and newspapers available for that The Legal Intelligencer is also readily sensitive materials from being delivered landfill garbage. The Bar Association has delivery to your handheld reading device, available online. to a physical mailbox in the first place. adopted this approach, whereas other which is more user-friendly. Reduce Mail, Catalogs You may be surprised to discover that law-related businesses have adopted single So our family changed the way we I recently subscribed to 41pounds.org, receiving and even paying your bills stream recycling, which ensures sorting read. Because we actually bleed green a service that contacts those pesky mer- online (not through a banking institu- at a later time. in our family, my husband and I read chandise companies that plague you with tion, but through a monthly debit process Because a bit of mindfulness can about the fate of the Eagles on our Kindle unwanted catalogs and ensures that they that you dictate and control) is free – no actually reduce waste even more, the tips through The Philadelphia Inquirer sports are discontinued. It is the paper equiva- strings attached. Some local banking below are geared toward preventing the page delivered daily to the inbox, at only lent of the “do not call list” for unwanted institutions also offer incentives for paper- paper from ever being generated in the a fraction of the cost of a paper subscrip- salespeople who always seem to telephone less accounts, such as Citizens Bank’s first place. These measures are cost-effec- tion. If we really want coupons or crave during the dinner hour. The service costs Green$ense, which pays 10 cents every tive ways to reduce your firm or house- the old-fashioned feel of newsprint in our $41 for five years, and $15 of that sub- time you pay without paper. hold’s bottom line, and will save you time hands, we can occasionally fork over a bit scription price is sent to an environmental These simple steps, when added to a and energy. extra for a hard copy of the paper. charity of your choice. vigorous recycling program and purchas- Subscribe Online As a result, the effort required to Similarly, businesses and residents of ing policy that contemplates post-con- While enjoying respite from city smog bundle up newspapers is significantly Philadelphia can join the “no handbills” sumer recycled content, can assure that at the San Diego Zoo recently, I saw a reduced on trash day, and I do not come program to prevent unwanted menus, we trim down more than just trees. These startling sign proclaiming that an entire home to piles of unwanted newspaper. flyers and other detritus from building measures will save you and your employer forest dies every week in order to bring Moreover, I am not bogged down in ad- up on doorsteps. In fact, the Department money and time in the quest to protect us the Sunday newspaper. According vertisements when scrolling to the articles of Licenses and Inspections is required to the environment. to ForestEthics.com, this statistic is not that most interest me. Beyond saving keep a “no delivery” list of residences and too outlandish. It takes 12 mature trees trees, it is rewarding to think that natural businesses, which is compiled and given Jenimae Almquist, an associate with Lopez to manufacture one ton of newsprint, resources were not used to send electricity to all those with licenses to distribute McHugh LLP, is a member of the Association’s not counting the chemicals, electricity to the printing press and fossil fuels were handbills. To join that list, visit http:// Green Ribbon Task Force.

allocation models that are based on an colon” search method is a useful way to PNC investor’s risk tolerance, needs, goals and Research navigate any web page, as long as you continued from page 13 other factors. Our current recommended continued from page 7 have correctly typed the URL within allocation attempts to balance the relative your Google search. should expect the tiresome volatility and attractiveness of stocks and other risk omitted; however, Giancaterino has Finally, Scribd.com is a tool that may increased correlations of risk assets to con- assets, given the improvement we expect not encountered any such problems. be useful if you cannot find a docu- tinue for some time. Though the timing in the global economy, with the downside Despite the 10-year limitation, Gianca- ment elsewhere or you do not want to is unclear, we expect stocks to benefit as risks to our forecast. terino says LexisOne is an incredible pay for it on Pacer. The site allows users the market comes to see our view that the service. And, fee-based shepardizing is to upload documents, some of which highest-probability outcome is not a dou- Jackie Byrne Lessman, CFP® (jacqueline. available. are protected by copyright. You must ble-dip recession, but rather a half-speed [email protected]; 215-585-5831), is a PNC Giancaterino also showcased Public. obtain a free log-in to download docu- economic recovery. This should unfold as Wealth Management senior vice president and resource.org (or Bulk.resource.org). ments from the site as a .pdf document; the recovery becomes more visible – most senior banking advisor. For more information, The site’s interface is user-hostile; however, you can read any document prominently through total job growth visit pnc.com/wealthmanagement. however, the content is extensive and online without logging into the site. as the year progresses. Though there are includes cases going back to the 1800s. For more information on online many risks in the current investment The PNC Financial Services Group, Inc. (“PNC”) provides invest- Because it is user-hostile, Giancaterino research options, Giancaterino can be ment and wealth management, fiduciary services, FDIC-insured environment, we believe current stock banking products and services and lending and borrowing of recommended a work-around through reached directly by e-mail at dang@ valuations provide a reasonable offset and funds through its subsidiary, PNC Bank, National Association, Google for this and similar sites. By jenkinslaw.org. an attractive risk versus reward relative to which is a Member FDIC, and provides certain fiduciary and going to the Google search page and agency services through its subsidiary PNC Delaware Trust other investment opportunities currently Company. PNC does not provide legal, tax or accounting advice. typing in: Bulk.resource.org: [your Heather J. Austin (haustin@thorpreed. available. To offset risk, investors should Investments: Not FDIC Insured. No Bank or Federal Government search term], you will receive links to com), an associate at Thorp Reed & Arm- focus on what is controllable, such as asset Guarantee. May Lose Value. the places within the Bulk.resource.org strong, LLP, is an associate editor of the allocation. PNC has six baseline asset © 2010 The PNC Financial Services Group, Inc. All rights re- page that contain your terms. This “site- Philadelphia Bar Reporter. served. philadelphiabar.org October 2010 Philadelphia Bar Reporter 15 Arts & Media Voices, Not Just Content, Matter in the Media n By Marc W. Reuben Jory has a fearsome sound that no one youthful voice, much as DiCaprio. But from the microphone. Moreover, MGM can mistake. This brings us to the case early talking picture technology could not placed him in films with the likes of Sitting after a seminar and waiting of John Gilbert, the most famous male adjust to register. The very high and very Wallace Beerey, a fog horn. By 1930, the for my ride home, and next to a man of the silent screen. He was an enor- low tones came out most. Gilbert had a greatest male star in film was through. with whom I struck up a conversation, I mous star at MGM. When sound came light voice. He was not tutored in how On considering whether to direct “Gone told him his voice was familiar. After a in Louis B. Mayer decided that others to speak low, and his movies were filled With the Wind,” the great John Ford said few perfunctory questions, he told me his should take Gilbert’s place. Gilbert had a with stage action, so that he was often far continued on page 17 name was Leonard Kanefsky (Esquire) and I immediately remembered him as a fellow student from Hebrew school. Oct./Nov. CLE Calendar Only the fellow I remembered had been in my Aleph class 50 years ago. The face was a bit older, but the voice retained its These CLE programs will be held at deep timbre enough for me to recognize The CLE Conference Center, Wanamaker Building. 10th Floor, it from time past. Suite 1010, Juniper Street entrance unless otherwise noted. Voices matter in the media, as much as content. Those voices that burn through the ether not only sound important, but give us memories. Any casting director OCTOBER NOVEMBER will tell you that the voice of a performer 10/4 Law Policy Forum: Laws on the Frontiers of Technology 11/2 Primer on Fair Debt Collection Practices Act is as important as the look. More so if one 10/5 Pennsylvania’s New Assisted Living FINAL Regs: Realty Transfer Tax considers the immense effect of radio and What They Mean for Elder Lawyers & Long Term Care 11/3 Medical School for Lawyers: Into the Anatomy Lab film on the pubic soul. Immortal voices Providers are known, basically, for their sound How to Prepare and Try a Significant Case in the Philadelphia Bar Association Probate & Trust Law Section Commerce Case Management Program – their timbre, as opposed to the affecta- Oct. 2010 Probate & Trust Law Section Quarterly Meeting Wrongful Convictions tions that a speaker may have. You can 10/6 Intellectual Property Defense in an Age of Social Media 11/4 Executive Compensation in the Post Bailout World remember the accent of Leo Gorcey. But 10/7 Gaming Law Update the voice was not immortal. The sound Bridge the Gap 10/12 Advanced Issues in Civil Procedure: Judicial Review of Ronald Colman, on the other hand, My First Federal Trial (at the Federal Courthouse is unforgettable. Another great voice was 10/13 RESPA Update Ceremonial Building) Greer Garson. Both she and Colman Using Mediation to Resolve Disputes Involving the 11/8 Social Media in Divorce Cases Elderly made “Random Harvest” in 1942, and 11/9 Fundamentals of Products Liability Law more elegantly spoken dialogue you will 10/14 17th Annual Auto Law Update 11/11 Mitigation in Capital Cases never hear. And for all its outlandish 10/18 Estate Planning Issues Affecting Oil and Gas Leases fantasy, the movie was very fine. 11/11 & 12 17th Annual Estate Law Institute (at the Pennsylvania 10/19 A Day on Health Law Convention Center) The voice of Selma Diamond had a What Every Municipal Solicitor Should Know About 11/12 UM/UIM Encore tone to it that made her New York accent Labor and Employment Law Selecting & Influencing Your Jury (PEG) sound impertinent. Hers was sound that 10/20 14th Annual Family Law Update accompanied the raffish dialogue she 11/15 Right to Know Law Update Family Caregiver Contracts and Use of Real Estate for was often given. (She was the voice of Elder Law Attorneys 11/16 Brainwashing: Children of Divorce Held Hostage Spencer Tracy’s wife – heard only on the 10/21 Trials: Tips, Tactics & Practical Tales (PEG) Advising Troubled Companies telephone – in 1963’s “It’s A Mad Mad Police Misconduct and the Defense of Criminal Cases Mad Mad World.” The most famous Top 10 Things You Need to Know About Ethically Building a Website voice of our day is undoubtedly that of 11/18 16th Annual Business Lawyers’ Institute (2010) James Earl Jones, who would be recogniz- 10/22 How to Prepare the Pennsylvania Inheritance Tax Return 11/19 Elder Law Update able even if he were not Darth Vader. The 10/25 Piercing the Corporate Veil Encore Combating Obstructionism at Deposition & Defending tone of that basso cannot be mistaken. 10/26 Family Law Practice in Bucks, Chester, Delaware & Against the Killer Deposition While Marlon Brando had a wonderful Montgomery Counties 2010 11/29 Water Law delivery (in his early years), his voice was How to Handle A Child Abuse Case 11/30 Trial of a Will Contest Case Encore a pleasant but not distinguished one. He 10/27 Preventing Nightmares: Preserving Issues and Avoiding E-Discovery: Legal and Practical Issues made the words matter with style. But the Waiver at Trial and on Appeal sound never echoed. Lionel Barrymore Compulsory Arbitration Seminar was a distinct sound and delivery. Intona- 10/28 15th Annual Bankruptcy Institute tion and timbre give depth to dialogue. 10/29 2nd Annual Great Lakes Antitrust Institute Compare the voice of Leonardo PBA 5th Annual Diversity Summit DiCaprio, a fine actor, with that of Victor Jory (the carpetbagger in “Gone With the Wind”). DiCaprio has the voice of a young man. Jory could rattle the timbers  www.pbi.org with his basso.  800-932-4638 They are both wonderful actors. But

16 Philadelphia Bar Reporter October 2010 philadelphiabar.org CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Employee Benefits Committee: meet- Board Room. event may be subject to change by the committee or section chairs. ing, 12:30 p.m., 11th floor Committee Green Ribbon Task Force: meeting, 12 Room South. Lunch: $8. Friday, Oct. 1 mittee: meeting, 12 p.m., 10th floor p.m., 11th floor Committee Room South. Lunch: $8. LGBT Rights Committee: meeting, 8:30 Board Room. Wednesday, Oct. 20 Chancellor’s Forum on Pro Bono: 12 a.m., 10th floor Board Room. Real Property Section Executive Com- Bar Academy Committee: meeting, 8:30 p.m., 11th floor Conference Center. Business Development Series: meeting, mittee: meeting, 12 pm., Gibbons, P.C., a.m., 11th floor Committee Room Lunch: $8. 12 p.m., 10th floor Board Room. 1700 Two Logan Square, 18th and Arch South streets. Workers’ Compensation Section Execu- Tuesday, Oct. 26 Monday, Oct. 4 Wednesday, Oct. 13 tive Committee: meeting, 10:30 a.m., Women in the Profession Committee: Family Law Section: meeting, 12 p.m., 11th floor Committee Room South. Appellate Courts Committee: meet- meeting, 12 p.m., 10th floor Board 11th floor Conference Center. Lunch: Workers’ Compensation Section: meet- ing, 12 p.m., 10th floor Board Room. Room. Lunch: $8. $8. ing, 12 p.m., 11th floor Conference Lunch: $8. Criminal Justice Section: meeting, 12 Center. Lunch: $8. Tuesday, Oct. 5 Women in Intellectual Property Com- p.m., 11th floor Conference Center. LegalLine: 5 p.m., 11th floor LRIS Philadelphia Bar Foundation Board of mittee: meeting, 12 p.m., 11th floor Lunch: $8. offices. Trustees: meeting, 12 p.m., 10th floor Conference Center. Lunch: $8. Wednesday, Oct. 27 Board Room. Young Lawyers Division Cabinet: meet- Thursday, Oct. 21 Delivery of Legal Services Management Young Lawyers Division: meeting, 12 ing, 1 p.m., 10th floor Cabinet Room. Family Law Section Executive Com- Subcommittee: 9 a.m., 10th floor Board p.m., 11th floor Conference Center. Thursday, Oct. 14 mittee: meeting, 12 p.m., 11th floor Room. Lunch: $8. Committee Room South. Legislative Liaison Committee: meeting, Medical Legal Committee: meeting, 12 Law Practice Management Committee: Wednesday, Oct. 6 12:30 p.m., 10th floor Board Room. p.m., 11th floor Conference Center. Delivery of Legal Services Committee: meeting, 12 p.m., 11th floor Confer- Lunch: $8. meeting, 8:30 a.m., 10th floor Board Friday-Saturday, Oct. 14-15 ence Center. Lunch: $8. Delivery of Legal Services Committee Room. Bench-Bar & Annual Conference: The Alternative Dispute Resolution Commit- Civil Gideon Task Force: meeting, 12 Rules and Procedure Committee: meet- Borgata Hotel Casino & Spa, Atlantic tee: meeting, 4 p.m., 10th floor Board p.m., 10th floor Board Room. ing, 12 p.m., 10th floor Board Room. City, N.J. Registration: philabenchbar. Room. Language Access Task Force: meeting, org. Lunch: $8. Friday, Oct. 22 12:30 p.m., 11th floor Committee Intellectual Property Committee: meet- Monday, Oct. 18 Young Lawyers Division Pro Bono Pro- Room South. ing, 12 p.m., 11th floor Committee Business Law Section Executive Com- gram: 12 p.m., 11th floor Conference Thursday, Oct. 28 Room South. Lunch: $8. mittee: meeting, 12 p.m, 11th floor Center. Lunch: $8. Elder Law Committee: meeting, 1 p.m., Committee Room South. Friday, Oct. 8 Monday, Oct. 25 11th floor Conference Center. Lunch: The Philadelphia Lawyer magazine Edi- Public Interest Section Executive Com- Young Lawyers Division Executive Com- $8. torial Board: mittee: meeting, 12 p.m., 10th floor Board of Governors: meeting, 12:30 p.m., 10th mittee: meeting, 12 p.m., 10th floor meeting, 4 p.m., floor Board Room. Board Room. 10th floor Board Room. Monday, Oct. 11 Tuesday, Oct. 19 Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks Columbus Day: Bar Association offices Cabinet: meeting, 12 p.m., 10th floor for luncheons and programs should be made payable to the Philadelphia Bar Association and closed. Board Room. mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, PA 19107-2955. Send Compulsory Arbitration Committee: Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Tuesday, Oct. 12 meeting, 12 p.m., 11th floor Confer- Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, PA 19107-2955. Criminal Justice Section Executive Com- ence Center. Lunch: $8. Fax: (215) 238-1159. E-mail: [email protected].

a comedian. Jack Benny was an actor who worked in Arts & Media comedy. This opinion was shared by Lord Olivier, who VIP Honors Baratta continued from page 16 thought Benny one of the world’s great actors. Listening This month, Philadelphia VIP recognizes Anth- to recordings of Benny’s shows, which are still available ony J. Baratta, a partner at Baratta, Russell, & Baratta, that the only man he could direct as Rhett was dead. on CD, is a treat. The voices and sound effects are clearly for his outstanding volunteer assistance to VIP clients. Gilbert drank himself to death in 1936. His successor as drawn as any movie. The jokes are hilarious and classic Baratta began volunteering with VIP in 2005, using his male idol was Clark Gable, who had a gruff voice that no invention. Mel Blanc, the man with the thousand voices, experience and trial advocacy skills to one can misinterpret. is a wonder, and Benny, the master of the hilarious pause, assist VIP clients with auto accident Which brings us to the ultimate use of sound and is a scream. All in the mind’s eye through sound. There matters. As a volunteer, Baratta voice ­– radio. I am sorry for those of you who were never are other sounds, like the voices of Ezio Pinza or Judy demonstrates an unwavering commit- exposed to live radio. This was the art of painting pictures Garland. But that is something for another time. ment to his clients’ defense and to the with sound. Joan Benny (Sunday Night at Seven – 1990) When I walk through the lobby of a movie theater protection of the clients’ interest. He writes a book that was actually a reason for printing complex – as I do less frequently these days – my ears consistently goes above and beyond much of the 400-page autobiography Jack Benny left at are assailed with the pounding sounds that come from on behalf of his VIP clients. Whether his death in 1974. If you ever want to learn how sound the various theaterettes I pass. When I hear audiences he is aggressively pursuing a favorable Baratta is managed by technicians and performers, this is a book laughing, or I hear silence, I know I have reached my outcome for a client in the courtroom to read. Benny, who had the most popular show on radio destination. or traveling from Huntingdon Valley to Philadelphia to for many years, was very funny. He once asked the great I listen. I remember. Thank you Len. meet with a client, Baratta is committed to providing the director Ernst Lubitsch – on the set of “To Be Or Not best representation for VIP clients. To Be” (a movie they were working on) why Lubitsch, a Marc W. Reuben ([email protected]), a sole practi- For his dedication to VIP’s clients and to access to great director, chose a funnyman for the anti-Nazi satire. tioner, is an advisory editor of the Philadelphia Bar Reporter. justice, Philadelphia VIP offers its heartfelt appreciation to Lubitsch told Benny that he was neither a clown, nor He has been writing about the arts and media since 1973. Anthony Baratta. philadelphiabar.org October 2010 Philadelphia Bar Reporter 17 Daniel Q. Harrington, Michele R. Punturi, a member of Cozen a shareholder with People O’Connor, was re- Marshall, Dennehey, cently appointed to Warner, Coleman the District IV Eth- & Goggin, served Theodore Simon of Deborah Epstein ics Committee by as a speaker at The the Law Offices of Henry, founder and the Supreme Court 65th Annual Work- Theodore Simon president of Flex- of New Jersey. ers’ Compensation discussed “Don’t Time Lawyers Educational Conference & 22nd Annual Defend in the Dark: LLC, was the Faye Riva Cohen, principal of Law Office Safety and Health Conference sponsored Getting Disclosure keynote speaker of Faye Riva Cohen, P.C., was the sole by the Florida Workers’ Compensation and Discovery” at at a Pace University presenter to human resources and ben- Institute in Orlando, Fla. in August. the Annual Meeting School of Law New efits managers for various corporations of the National Association of Crimi- Directions program “Navigating a Suc- and educational institutions at a recent Jill Friedman, nal Defense Lawyers on Aug. 12-14 in cessful Return in Unchartered Waters” seminar regarding “FMLA Hot Topics” director of pro Toronto, Canada. He was also elected in New York City on July 22 and also sponsored by Council on Education in bono and public treasurer of the National Association of a speaker at a Coalition of Women’ s Management. interest programs Criminal Defense Lawyers at the event. Initiatives in Law Firms teleconference at Rutgers School in Chicago on July 27. She also spoke David L. Ladov, of Law-Camden, Amy J. Seefeld, se- at the National Conference of Bar Presi- a member of was appointed to a nior staff counsel for dents program “Lawyers’ Dissatisfaction Cozen O’Connor, two-year term on the public and legal ser- with the Profession” in San Francisco presented “Valua- National Advisory Committee of Equal vices at the Philadel- on Aug. 6. She also spoke at the National tion and Income Justice Works. phia Bar Association, Constitution Center national teleconfer- Issues of Alternative has been appointed ence “What Glass Ceiling? Keys for Suc- Investments” at the Adam Bonin, a to a three-year term cessful Women Lawyers” on Aug. 24. Pennsylvania Bar member of Cozen to the American Bar Association Family Law Section Summer O’Connor, recently Association’s Standing Committee on Scott J. Tredwell, a partner with Mc- Meeting in Bonita Springs, Fla. participated in the Lawyer Referral and Information Service. Cormick & Priore, P.C., presented a civil panel “Citizens litigation update at the Pennsylvania Paul J. Burgoyne, United: Corporate Lawrence R. Cohan and Melissa Hague of Conference of State Trial Judges Meeting deputy chief dis- Money, Federal Anapol, Schwartz, Weiss, Cohan, Feld- in Hershey, Pa. ciplinary counsel Elections and LGBT man & Smalley, P.C. recently presented for the Disciplin- Equality” at the 2010 National LGBT “Vaccine Litigation for Non-Vaccine Edward F. Shay, a ary Board of the Bar Association Lavender Law Confer- Lawyers” for the New Jersey Institute for partner with Post & Supreme Court of ence. Continuing Legal Education. Schell, P.C., has been Pennsylvania, has elected to a three- been elected to serve Squire J. Servance, an associate with Timothy J. Bergère, a partner with year term on the a second term on the National Organiza- Morgan, Lewis & Bockius, LLP has been Montgomery, McCracken, Walker & board of directors of tion of Bar Counsel’s Board of Directors. voted onto the Board of Directors of Rhoads, LLP, was a panelist for “Deepwa- the American Health Metro Camden Habitat for Humanity. ter Horizon Oil Spill - The Legal Fallout,” Lawyers Association. Frederick D. Lipman, a senior partner sponsored by the American Bar Asso- at Blank Rome LLP, has released a new H. Ronald Klasko, founding partner of ciation Tort Trial & Insurance Practice Roberta Jacobs- book, The Family Business Guide from Klasko, Rulon, Stock & Seltzer, LLP, has Section. Meadway, a member Palgrave Macmillan. been selected to a second term as chair at Eckert Seamans of the EB-5 Investor Committee of the Michael D. Homans, a shareholder with Cherin & Mellott, Carol McCabe of American Immigration Lawyers Associa- Flaster/Greenberg PC, was a presenter on chaired the ALI- Manko, Gold, tion. developments in employment law at the ABA teleseminar Katcher & Fox, LLP City of Philadelphia Law Department “Demystifying was a speaker at a Ellen C. Brotman, a partner with Mont- CLE course on July 28. Software Contracts: Sept. 9 teleconfer- gomery, McCracken, Walker & Rhoads ALI’s New Principles – ‘By the Book’ and ence on the EPA’s LLP, is the editor of the American Bar As- John Gullace, a part- in Industry Practice” on Sept. 8. proposal of the sociation publication Careers in Criminal ner at Manko, Gold, Boiler MACT and Law, a compilation of articles authored Katcher & Fox, Glenn M. Massina, a shareholder with Area Source Rules sponsored by Law by defense attorneys, prosecutors and LLP, has been ap- RatnerPrestia, lectured at the 2010 Practi- Seminar International. judges from across the United States. pointed Chair of the cal Patent Prosecution Training for New Alternative Dispute Lawyers Boot Camp in Washington, Alfred J. Carlson, a Resolution Commit- D.C., on Aug. 25. partner with Martin nNames ARE NEWS tee of the American Banks, was recently Bar Association Section of Environment, Steven K. Mignogna, elected to a one-year “People” highlights news of members’ Energy and Resources. a partner with Ar- term on the Board awards, honors or appointments of a cher & Greiner, P.C., of Directors of the community or civic nature. Information may be sent to Jeff Lyons, Senior Manag- John M. Baker, Alan R. Gedrich and Joan has been appointed Philadelphia Trial ing Editor, Philadelphia Bar Reporter, Ohlbaum Swirsky Chair of the Probate Lawyers Association. of Stradley Ronon Philadelphia Bar Association, 1101 Market Stevens & Young, LLP served as panel- and Fiduciary Litiga- St., 11th fl., Philadelphia, PA 19107-2955. Richard Bortnick ists on “The Dodd-Frank Act: What is tion Committee of , a member of Cozen Fax: (215) 238-1159. E-mail: reporter@ the Fallout for the Investment Manage- the American Bar O’Connor, has been named by The philabar.org. Color photos are also ment Industry?” a webinar presented by Association for a Council on Litigation Management a welcome. Stradley Ronon. fourth consecutive year. Pennsylvania State Chair for 2010-2011.

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philadelphiabar.org October 2010 Philadelphia Bar Reporter 19 SIDNEY L. GOLD & ASSOCIATES, P.C.

SIDNEY L. GOLD* TRACI M. GREENBERG** SUSAN R. WEXLER**

*CHOSEN TO 2010 SUPER LAWYERS ** CHOSEN TO 2010 RISING STARS Philadelphia’s Employment Lawyers

FOR MORE THAN 30 YEARS, Sidney L. Gold and hour, and Family and Medical Leave Act & Associates, P.C. has dedicated its practice claims. A boutique practice with a small-firm to the field of employment law and civil rights atmosphere, Sidney L. Gold & Associates pro- litigation. The firm’s attorneys take great pride vides personal attention to its clients, who, at in serving as both aggressive and compassionate the same time, benefit from the experience advocates for victims of unlawful discrimination and expertise of the entire team. and harrassment. As a result, Martindale- Hubbell®’s Bar Register has certified Sidney L. Gold & Associates as a pre-eminent law firm in Sidney L. Gold & Associates is proud of its the field of labor and employment law. More skilled attorneys and is honored by the recog- ® than 4,500 lawyers throughout Pennsylvania nition Super Lawyers has bestowed upon this and New Jersey look to Sidney L. Gold & year’s recipients Associates to refer their clients.

With a signature team approach, the firm’s SIDNEY L. GOLD & ASSOCIATES, P.C. attorneys represent clients in all aspects 1835 Market St., Suite 515 of employment law litigation, including all Philadelphia, PA 19103 forms of workplace discrimination, sexual harrassment, wrongful termination, retaliation, 1)  t'9   whistleblower, employment contract, wage www.discrimlaw.net

20 Philadelphia Bar Reporter October 2010 philadelphiabar.org