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The Monthly Newspaper of the Philadelphia Bar Association Vol. 38, No. 10 October 2009 13 Courses, Dialogue on Diversity 5 CLE Credits n By Jeff Lyons Available at

A panel of 12 attorneys and judges Bench-Bar discussed the past, present and future of diversity and inclusion in the legal More than 400 attorneys and judges profession at the Association’s Sept. 22 are expected to attend the Association’s Dialogue on Diversity. 2009 Bench-Bar and Annual Conference Chancellor Sayde Ladov moderated at Harrah’s Atlantic City on Oct. 23 and the program and said the summit is 24, where five CLE credits and 13 differ- evidence of the Philadelphia Bar Associa- ent seminars will be available. tion’s continuing commitment to make The Conference kicks off with the this 13,000-member bar an inclusive, October Quarterly Meeting on Oct. 23 welcoming place for all lawyers. with a discussion on the future of Philadel- “We want to help the legal community phia in challenging economic times. The in Philadelphia recognize and maintain presiding judges of the state’s courts will and continue to explore its commitment also present a state of the courts discussion. to diversity. As times change, we must Programs will be available in a number of remain steadfast in our commitment. But different practice areas. the way in which we move the dialogue Join your colleagues, friends and mem- on diversity further must be geared to the bers of the bench for a weekend of educa- realities of the day,” she said. tion, camaraderie and fun that includes Panelists included U.S. District Court Friday night’s Hawaiian-themed Grand Senior Judge Norma Shapiro; Butler Reception and a sports talk program on Buchanan, shareholder, Marshall, Den- Thomas Fitzpatrick (above) answers a question at the Sept. 22 Dialogue Saturday morning. nehey, Warner, Coleman & Goggin; on Diversity as Chancellor Sayde Ladov looks on. Other panelists included Full Bench-Bar Guide – Pages 11-14 former Chancellor Andrew A. Chirls; (below, from left) Jamie Ray-Leonetti, Richard Negrin and Nadeem Bezar. Roberta Liebenberg, member, Fine, Kaplan & Black, R.P.C.; Nadeem Bezar, partner, Kolsby, Gordon, Robin, Shore & In This Issue Bezar; Brandi Brice, assistant city solici- 3 Elections Committee continued on page 16 4 Zoning Basics 5 Divorce Challenges WebC h eck 6 Social Media 9 Loan Forgiveness Visit the Diversity web page at www.philadelphiabar.org for our 20 Pro Bono Week Action Plan. Photos by Jeff Lyons

LAWYER’S PROFESSIONAL LIABILITY INSURANCE M. BURR KEIM AGENCY Fill in the application form at 2021 Arch Street, Philadelphia, Pa 19103 www.mburrkeimagency.com 215-563-8113 or FAX to 215-977-9386 and fax to 215.977.9386 to obtain a quote A trade name of M. BURR KEIM COMPANY QUESTIONS? Serving the legal profession since 1931 Call Robert Worthington at extension 225 or Jacqueline Worthington at extension 233 2 Philadelphia Bar Reporter October 2009 philadelphiabar.org Frontline

Editor-in-Chief Sunah Park, Esq. As Tempers Flare, Discourse Editor Emeritus Bruce H. Bikin, Esq. Tranforms into Hate Speech Associate Editors Heather J. Holloway, Esq. What’s happening in rudeness and offensive- provider, calling him a “baby killer.” That Asima Panigrahi, Esq. By Sayde J. Ladov America? ness. And I think it’s a physician, Dr. George Tiller, was later Kathryn C. Harr, Esq. Ria C. Momblanco, Esq. In recent weeks, slippery slope down that murdered while preaching at his Lutheran Regina Parker, Esq. we’ve heard a congress- path because outrageous church. Isn’t this hate speech in its basest Raymond M. Williams, Esq. man shout “You lie” at remarks, fueled by fear form? Thomas Bryan, Esq. our president during a and passion, can often Here is an example closer to home. A Edward P. Kelly, Esq. formal address to Con- turn into hate speech. resolution recognizing October as Do- Sarah K. Lessie, Esq. gress, watched a celebrity Just consider the re- mestic Violence Awareness month was re- rapper rush the stage and cent public dialogue on cently halted by a state representative who Contributing Editor Richard Max Bockol, Esq. grab the microphone health-care reform. declared “it has a homosexual agenda.” from another singer Our president at- On the same day, when the Pennsylvania Advisory Editors accepting an award, and tempts to tackle the House was about to vote on a bill increas- Molly Peckman, Esq. seen a tennis star lose a decades-old issue of ing marriage license fees from $3 to $28 Marc W. Reuben, Esq. key match because she screamed obsceni- health-care reform and proposes some (the increased amount going to a fund Director of Communications ties at the line judge. ideas. What happens? for victims of domestic abuse), this same and Marketing Now, as a Philadelphia lawyer, I’m as Rather than engage in meaningful de- politician opposed the measure, calling it Martha Phan big a proponent of free speech as the next bate over the issues, extremists hurl insults “a slap in the face to family values.” gal or guy. As I often say to new citizens and false charges. Town hall meetings are Just last week, it was reported that dia- Senior Managing Editor, Publications when I attend naturalization ceremonies, filled with angry, yelling protesters. The logue between two lawyers at a deposition Jeff Lyons the right to free speech in America is as president is accused of being a socialist, became so heated that the federal judge fundamental as the air we breathe. and his citizenship, race and right to be hearing the case was caused to say that Executive Director But what happens when free speech president are called into question. Some the lawyers had “ratcheted the acrimony Kenneth Shear turns to something else? When it turns even compare him to Hitler and make higher and the standards down.” The Philadelphia Bar Reporter (ISSN 1098- into incivility? When incivility incites wild accusations, including cries about In the face of all this, what do we do? 5352) is published monthly and available by rage and provokes hate? death panels. Do we ignore the Rush Limbaughs of subscription for $45 per year by the Philadel- I believe we are witnessing a decline In my mind, that’s not free speech. the world? After all, we’re never going to phia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107-2911. Periodicals in American civility that is decreasing That’s hate speech. change their minds. The problem is, so postage paid at Philadelphia, Pa. POSTMAS- dialogue and increasing hate. Last June, a security guard was mur- many people listen to what they say as it TER: Send address changes to Philadelphia Let me be clear: I am not talking about dered at Washington D.C.’s Holocaust if were gospel. Bar Reporter, c/o Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. differences of opinion, passionate debate Memorial Museum. This tragedy hap- Some of you may brush this off saying, 19107-2955. Telephone: (215) 238-6300. As- or vehement disagreements. I am talking pened two years after a popular commen- well, that’s just her political beliefs. sociation Web site: philadelphiabar.org. News- paper e-mail address: [email protected]. about the current spate of incivility and tator publicly said America would better But I don’t think it’s a question of The editorial and other views expressed in the hate talk that is choking our public dis- off if “the Jews” were “perfected” through political affiliation. I think it’s a question Philadelphia Bar Reporter are not necessar- course, fueling fears and diminishing our conversion. The Holocaust Museum of our ability to elevate the conversation ily those of the Association, its officers or its members. Advertising rates and information capacity to engage in civilized discourse killer had similar views, also calling Jews from spewing invectives and downright are available from Howard Hyatt at MediaTwo, with one another. “imperfect.” lies to making well-stated, factually based 1014 W. 36th St., Baltimore, MD, 21211. Tele- Somewhere along the way, we as Another political commentator spent phone: (410) 902-5797. Page 1 skyline photo by Edward Savaria, Jr./PCVB Americans have created a culture of lots of airtime raving about an abortion continued on page 17

Tell Us What You Think! Bar Forms Elections Committee The Philadelphia Bar Reporter The Philadelphia Bar Association solicited are Vice Chancellor, Secretary, at least 35 members who are entitled to welcomes letters to the editors for has formed its Elections Committee, Assistant Secretary, Treasurer, Assistant vote. For candidates for Vice-Chancellor, publication. Letters should be typed. chaired by Immediate-Past Chancellor A. Treasurer and five seats on the Board nominations shall be signed by at least There is no word limit, but editors Michael Pratt. The Committee consists of Governors. Each Board seat carries a 100 members who are entitled to vote. reserve the right to condense for of Shanese Johnson, Lynn Zeitlin, Mike three-year term. Individuals who wish to run for any of clarity, style and space considerations. Viola, Scott Reid, Richard Harris, Peter Association members may become the above named offices should contact Letters must be signed to verify authorship, but names will be withheld Berson, Ourania Papademetriou, Larry candidates for any of these offices by staff counsel Brian Sims at bsims@phila- upon request. Letters may be mailed, Felzer, Ken Fleischer, and Brian Chacker. filing with the Secretary, at least 60 days bar.org for additional information. faxed or e-mailed to: Jeff Lyons, Senior Association Secretary Kathleen Wilkin- prior to the Dec. 8, 2009 annual meet- Signatures, along with a resume, and Managing Editor, Philadelphia Bar son serves as a non-voting member as ing, nominations in writing which, for written authorization should be submit- Reporter, Philadelphia Bar Association, do Chancellor Sayde Ladov, Chancellor- candidates of the Board, must be signed ted to Association Secretary Kathleen 1101 Market St., 11th floor, Philadel- Elect Scott Cooper, Vice Chancellor by at least 25 members who are entitled Wilkinson, c/o Brian Sims, Philadelphia phia, Pa. 19107-2955. Phone: (215) Rudolph Garcia and Board of Governors to vote. For candidates for Secretary, Trea- Bar Association, 1101 Market St., 11th 238-6345. Fax: (215) 238-1159. E-mail: Chair Gaetan J. Alfano. surer, Assistant Secretary and Assistant Floor, Philadelphia, PA 19107, no later reporter@ philabar.org. Offices for which candidates are being Treasurer, nominations shall be signed by than 5 p.m., Thursday, Oct. 9. philadelphiabar.org October 2009 Philadelphia Bar Reporter 3 REAL PROPERTY SECTION Section, YLD Team Up to Teach Zoning Basics n By Edward P. Kelly 1800 of the Philadelphia Code. provide the board with a binder of all The fact-gathering process is crucial of the relevant documents, including The Real Property Section and when initially filing your application and Podcast pictures, plans, expert reports and letters/ Philadelphia VIP’s program “The ABC when preparing for a ZBA hearing, so be Spotlight petitions of support. Get as much infor- of the ZBA: The Basics of How to Pre- sure to ask many questions of your client. mation as possible on the record through pare and Present a Case Before the Phila- Important facts include ownership of Visit philadelphiabar.org to listen to your exhibits that will be helpful in the the podcast from this meeting. delphia Zoning Board of Adjustment” the property, current and intended uses, event of an appeal. drew more than 100 attorneys interested hours of operation, number of employees For a use variance, one needs to prove in taking a case for VIP. and the effect the new use will have on support for the proposed use, so contact unnecessary hardship (which is very Alfred Fuscaldo of Gibbons P.C. and the neighborhood. A site visit is particu- local civic/neighborhood associations difficult to prove), that there will be no Cheryl L. Gaston of the City of Phila- larly useful to get a feel for not only the and the relevant council member, or that injury to the public interest and that the delphia’s Law Department, explained the site itself, but also the neighborhood. council member’s zoning liaison, and try relief requested is the least variance neces- basics at the Sept. 11 program. A title report will reveal any restrictions to get a written agreement in favor of sary. To acquire a certificate, refer to the The process begins by filing an applica- currently on the property. And be sure to your application. Bray case for applicable burdens of proof. tion for zoning/use registration permit review the property’s zoning file, paying Finally, determine who you will call And for a non-conforming structure or with the Department of Licenses and particular attention to the zoning clas- as witnesses and experts including your use, the burden is on the party asserting Inspections, which will issue the permit sification/zoning district. Philadelphia’s client (preferably someone who has the nonconformity to prove the existence, if there is strict compliance with the city’s Zoning Code was last revised in 1962, authority to make a final decision), engi- nature and extent of the non-conforming zoning code. Otherwise, the applicant but there have been many amendments neers, traffic engineers, land planners, and use that has been established. will receive a refusal, in which case a and overlays since then. architects, to name a few. variance is needed, or a referral, which The City of Philadelphia’s web site A few days before the ZBA hearing, Edward P. Kelly ([email protected]), a necessitates a certificate or a special use (www.phila.gov) is a gateway to many contact the board administrator and ask partner with Astor Weiss Kaplan & Mandel, permit. The applicant may then appeal useful department sites including, L&I, to review their file. Try to attend a prior LLP, is an associate editor of the Philadelphia this determination to the Zoning Board the ZBA and the Planning Commission. session of the ZBA to get a feel for how Bar Reporter. of Adjustment, governed by Chapter 14- It is important to get the neighborhood’s the process works. Once at the hearing, Newest Americans Welcomed on Citizenship Day

U.S. District Court Judge Cynthia Rufe (above, from left), Magistrate Judge Felipe Restrepo and Chancellor Sayde J. Ladov listen to a speaker at a Citizenship Day naturalization ceremony on Sept. 17 at the Constitution Cen- ter. Katherine Kedzierski (right) holds her citizenship certificate. More than 75 people from 32 nations became

American citizens at the event, sponsored by the Philadelphia Bar Association. Photos courtesy National Constitution Center

4 Philadelphia Bar Reporter October 2009 philadelphiabar.org Economic Women in the Profession Summit Challenges Complicate Divorce n By Julia Swain

In addition to the standard dis- putes over assets, liabilities and income that arise between spouses during a divorce, the current economic crisis adds a new level of complexity that must be overcome to resolve matrimonial actions. Temple University Beasley School of Law Dean JoAnne Epps (left) delivers keynote remarks at the Second Annual Women in the Pro- Frequent problems include real estate fession Summit on Sept. 24 at The CLE Conference Center. Margaret where the liens are greater than the value, Klaw (above, left) and former Chancellor Jane Leslie Dalton meet at foreclosure actions and increasing credit the reception following the summit. Panel discussions focused on card debts. removing gender bias from attorney evaluations, hot topics for women Jennifer Schultz, Community Legal and a woman’s voice on the bench. Below (from left) Lynn A. Marks, Services, and David Grunfeld, of counsel U.S. Court of Appeals Judge Dolores Sloviter, Women in the Profes- sion Committee Co-Chair Kim Ruch-Alegant, U.S. District Court Judge to Astor Weiss Kaplan & Mandel, LLP, Petrese B. Tucker and Pennsylvania Superior Court Judge Susan Peikes presented at the Family Law Section Gantman gather after the program. meeting on Sept. 14 on the various types of economic relief available to parties faced with such crises. Mortgage modification and refinanc- ing programs are readily available to homeowners unable to keep up with their monthly payments. Mortgage rescue assistance is available both before and after foreclosure proceedings are instituted by a lender. The Foreclosure Prevention Resource Guide, which outlines the programs offered to homeowners, can be downloaded from www.gpuac.org/ foreclosurehelp.htm. This guide is a good place to start understanding the foreclo- sure process and what forms of relief are available at each stage in the process. A key step for any homeowner seeking assistance with payment of their monthly mortgage is getting in touch with a housing counselor. Homeowners can call 215-334-HOME (4663) to speak with a

housing counselor. The service is free. The Photo by Jeff Lyons counselors are knowledgeable about the legal foreclosure process and government programs established to assist homeown- HEMAP the homeowner must dem- ers with monthly mortgage payments/ onstrate that he or she has a “reasonable APPELLATE LITIGATION modifications. One common misconcep- prospect” to pay their monthly mortgage FEDERAL/STATE/CIVIL/CRIMINAL/ADMINISTRATIVE tion homeowners have about foreclosure in the future and that the default was is that they will be evicted from their not their fault. This is a good program 28 Years of Successful Appellate Court Practice and Experience. home. Schultz advised that lenders must for someone who may be waiting for the Aggressive, comprehensive and effective appellate representation provided first successfully complete the foreclosure approval of disability benefits or securing at all levels, including federal habeas and PCRA proceedings. proceeding and, then, institute eject- new employment after a layoff. Once a Member of Bars of U.S. Supreme Court, ird Circuit, ment proceedings to have a homeowner HEMAP application is submitted, a fore- Pennsylvania and New Jersey Supreme Courts. evicted. This process takes at least 10 closure proceeding is stayed. Other types Chief Staff Attorney to Chief Justice of PA (1984-88). months. of mortgage assistance programs include Law Clerk to Justice/Chief Justsice Robert N.C. Nix, Jr. (1983-84); Chief Justice Henry X. O’Brien (1981-82). The Homeowners’ Emergency Mort- Home Affordable Modification Program gage Assistance Program (HEMAP) is a (HAMP); Home Affordable Refinance J.D., University of Pennsylvania Law School 1981. state loan program that provides finan- Program (HARP); Homeowners’ Equity JOSEPH R. VIOLA cial assistance for up to 24 months to Recovery Opportunity loan program 1900 Spruce Street | Philadelphia, PA 19103 | (215) 893-0700 | [email protected] allow homeowners to catch up on their (HERO); and, Refinance to and Afford- WWW.LAWYERS.COM/JRVIOLA mortgage. To qualify for a loan under continued on page 22 philadelphiabar.org October 2009 Philadelphia Bar Reporter 5 women in intellectual property committee Social Media Keeps Door Open for Business n By Regina Parker photographs, Rubel said. If you use it lawyers. It is a great referral source. You networking opportunities for lawyers, solely for personal interests, it can direct can post articles and documents, share accountants and bankers. The Internet is a front door to others to your business web site. thoughts and communicate with peers. Other referral sources include Twit- your business, not just your firm’s busi- • JDSupra (www.JDSupra.com) is for • HubStreet (www.hubstreet.com) is ter (www.twitter.com) and blogging for ness but to your own profile as well, a networking and communicating with an online community designed to create continued on page 16 marketing and public relations profes- sional told members of the Women in Intellectual Property Committee at its Sept. 9 meeting. Gina Furia Rubel, owner and operator of Furia Rubel Communications, Inc., a certified strategic planning and public relations firm, stressed the importance of keeping this door open to clients, pros- OCTOBER pects and referral sources. Rubel said every law firm should adopt a social media policy. She said that CLE COURSES the benefits of getting involved in social Oct. 1 Winning Before Trial: 10 Keys to Winning Depositions • The CLE Conf. Center FOR MORE INFORMATION media include building your business, communicating news about your business Shareholder Disputes in Closely Held Corporations, Partnerships & LLCs OR TO REGISTER or firm, setting you apart as a thought The CLE Conference Center 800-247-4724 WWW. leader, keeping your eye on the competi- Oct. 2 Getting a Child into School and Keeping Her There: The Laws about School tion, and knowing what’s going on in the Enrollment and Student Discipline • The CLE Conference Center PBI.ORG industry. Rubel explained that effective Oct. 5 PLI - White Collar Crime 2009: Prosecutors & Regulators Speak • The CLE Conf. Center networking can serve as an effective busi- ness development tool for lawyers if it is Oct. 6 Hot Topics in Employment Law (Update) • The CLE Conference Center focused and has a purpose. Oct. 7 Fundamentals of Insurance Law• The CLE Conference Center The CLE Conference “You need to know who you are reach- Center ing out to. Once you determine what it Making Your Case with a Better Memory • The CLE Conference Center Wanamaker Building is that you want to accomplish, you can PLI - Hedge Funds • The CLE Conference Center 10th Floor, Ste.1010 then determine which outlet to use,” she said. Oct. 13 So You Want to Be Court Appointed Counsel in Philadelphia • The CLE Conf. Center Rubel explained that there are many When Worlds Collide: The Civil Administrative Consequences of Criminal Conduct social media outlets that a lawyer can The CLE Conference Center use to develop new business and referral sources. Some of the outlets include: Oct. 14 13th Annual Family Law Update • The CLE Conference Center • LinkedIn (www.linkedin.com) is an RESPA: A Primer • The CLE Conference Center amazing tool for building relationships and credibility in business. Rubel said Oct. 15 Accounting & Finance for Lawyers • The CLE Conference Center that LinkedIn is well established and PLI - Securities Filings 2009 • The CLE Conference Center trusted. It has more than 47 million Judicial Autonomy and Accountability - A Fine Line members in more than 200 countries. • The CLE Conference Center There are many groups on LinkedIn. Oct. 16 16th Annual Auto Law Update • The CLE Conference Center It would be beneficial to join relevant PLI - Securities Filings 2009 • The CLE Conference Center groups to give you a competitive edge in your career, Rubel said. Oct. 20 A Day on Health Law • The CLE Conference Center • Facebook (www.facebook.com) Oct. 21 Consumer Banking and Payments in the 21st Century • The CLE Conference Center allows you to reconnect to people from every stage in your life. It can be used for The Complete Legal Negotiator • The CLE Conference Center business development or can be separated Oct. 23 Accounting for Lawyers • The CLE Conference Center from business for your own personal use. If you intend to use Facebook for business An Attorney’s Guide to Life Insurance • The CLE Conference Center development, you should limit the family Oct. 27 11th Annual Legal Issues in an Age of Aging • The CLE Conference Center The Pennsylvania Bar Compulsory Arbitration Seminar • The CLE Conference Center Institute is an accredited CLE provider. Oct. 28 How to Handle a Child Abuse Case • The CLE Conference Center Podcast Oct. 29 14th Annual Bankruptcy Institute • The CLE Conference Center Spotlight Oct. 30 Seventh Constitutional Law Conclave • The CLE Conference Center Visit philadelphiabar.org to listen to the podcast from this meeting.

6 Philadelphia Bar Reporter October 2009 philadelphiabar.org Chancellor Applauds Work VIP’s Pro Bono of Court-Appointed Counsel Opportunities Day Set for Oct. 27 n By Brian K. Sims although no motions were heard nor action taken, Haines spoke passionately about the need to update Philadelphia VIP, the hub of pro bono legal services Chancellor Sayde J. Ladov praised the efforts the state’s Constitution to bring it in line with a more in Philadelphia, will hold its annual training event, Pro Bono of Philadelphia’s court-appointed attorneys for their modern view of state government. Opportunities Day: Spotlight on Preventing Homelessness, unwavering dedication to their clients and the rule of Family Law Section Chair James Rocco asked on Tuesday, Oct. 27. law at the Sept. 24 Board of Governors meeting. for the Board’s permission to testify at an upcoming Training sessions Ladov commended the city and the First Judi- Pennsylvania House Subcommittee hearing on two are available to law- More Inside cial District for their efforts to remedy the situation pending bills, HB 463 and HB 1639 which seek to yers from all practice For a full list of Pro Bono despite little help from Harrisburg and the state remedy existing problems with current court rules sur- areas and will focus Celebration Week activities, legislature. rounding child custody. The Board ultimately voted on areas of law critical see Page 20. Peter Berson, chair of the Criminal Justice Section, unanimously to allow his testimony in Harrisburg. to keeping people in presented a resolution urging the city to reinstate Board Vice Chair Richard Seidel gave an im- their homes. There will court-appointed counsel fees. The resolution calls promptu presentation to the Board in the absence be training sessions on mortgage foreclosure, quiet title and on the city to recognize that the failure to fully and of a scheduled presenter on an issue surrounding a public housing. Each attorney who attends the seminar and adequately fund court appointed counsel not only recent Rule 1925(b) ruling. A request was made that accepts a VIP case within six months of the training will earn endangers the “Constitutionally-based right to the Association submit an amicus brief supporting a two substantive CLE credits. counsel in criminal cases,” but also “threatens the very rule change in order to grant greater flexibility to ap- The cost of the training is $45 per attendee with breakfast underpinnings of the Criminal Justice system and the pellate courts when reviewing the circumstances of a and educational materials provided. The registration form can right of individuals to have adequate representation.” 1925 submission to a trial judge and its effect on any be found at www.phillyvip.org. If you work at a firm with a With some discussion, and no opposition, the resolu- appeals that may follow. Chancellor Ladov and Paul VIP contact person, please register through that person. The tion passed unanimously. Kazaras, the Association’s assistant executive director, deadline for registration is Monday, Oct. 19. Former Chancellor and current Pennsylvania Bar joined the discussion and a unanimous vote followed Pro Bono Opportunities Day will be held from 8:30 a.m. Association president Clifford Haines made a presen- in favor of the amicus. to 12:15 p.m. at the offices of Montgomery, McCracken, tation about a proposed PBA resolution calling for Walker & Rhoads, LLP, 123 S. Broad St., 28th Floor. For the creation of a Pennsylvania Constitutional Review Brian K. Sims ([email protected]) is staff counsel for more information, contact Theresa Brabson at jvolunteer@ Commission. The session was informational only and policy and planning for the Philadelphia Bar Association. phillyvip.org or call (215) 523-9567 to register.

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8 Philadelphia Bar Reporter October 2009 philadelphiabar.org YOUNG LAWYERS DIVISION Loan Forgiveness Available Podcast Spotlight Visit philadelphiabar.org to listen to for Attorneys in Public Sector the podcast from this program.

only one kind of loan qualifies as the must establish a certain debt-to-income 503(c) organizations. Jarvis explained that n By Nicole Edwards “right kind” of loan for this program: ratio. Borrowers have to make 120 of full-time employment is generally defined federal direct loans. Federal direct loans these qualifying payments before federal as employment with an annual average For many law school graduates, are federal loans where the government loans will be forgiven, although they do of 30 hours worked per week. However, managing student loan debt is a press- itself directly issues the money for the not have to be made consecutively. Jarvis if an employer has a different definition ing concern, especially in this uncertain loan. Jarvis cautioned that all federal loans warned that several types of payments of full-time employment, the employer’s economy. The task of repaying this debt are not federal direct loans. Some federal do not count as qualifying payments. definition must be met. may be especially challenging for those loans are FFEL loans. FFEL loans are Examples of non-qualifying payments in- Jarvis admitted that given the recent in- attorneys choosing to work in the public federal loans issued from private lenders. clude payments on a loan with a term of ception of GradPlus loans and given that sector. Fortunately, at a Sept. 17 pro- Jarvis advised that even if borrowers have 10 years or more; payments made while the Public Loan Forgiveness Program is gram sponsored by the Young Lawyers FFEL loans, they can still participate in in default; and payments made while not still developing, graduates from 2006 and Division, Heather Jarvis of Equal Justice the loan forgiveness program. However, working full-time. later are likely to benefit the most from it. Works gave plenty of useful advice for borrowers must first consolidate all fed- Finally, Jarvis concluded by describ- She encouraged everyone to “crunch their those working in the public sector on eral loans into federal direct loans. ing what qualifies as the “right kind” own numbers” to determine if they can how they can successfully manage their Jarvis explained what qualifies as the of employment under this program. benefit from this program. debt through the Public Loan Forgive- “right kind” of payment. While there are Examples of qualifying employment ness Program. several options, for most people partici- include full-time, paid positions work- Nicole Edwards (nicole.edwards@dlapiper. To benefit from this program, Jarvis pating in the program, the right kind of ing either with the government or with com) is an associate with DLA Piper. explained that a borrower simply had to payments are income-based repayments. make the “right kind of payment on the Under this payment plan, borrowers right kind of loan, while in the right kind make payments based on annual income, Visit www.equaljusticeworks.org for more information on the Public of job.” as opposed to the amount owed. To qual- WebCheck Service Loan Forgiveness Program. As emphasized repeatedly by Jarvis, ify for this repayment option, borrowers Photos by Michael Petitti More than 100 people attended the first session of People’s Law School on Sept. 15 at the Criminal Justice Center. Attorney Joseph Swartz (right) leads a session. YLD People’s Law School Kicks Off 2009 Program The People’s Law School kicked off courses on areas of the law affecting daily This year’s attorney volunteers and Dimmerman and Kelly Gastley, real its 2009 calendar on Sept. 15 in the Jury life. their corresponding courses include estate; Thomas Bielli and Robert Lohr, Assembly Room at the Criminal Justice Classes on topics such as fam- Joseph Swartz, Social Security and dis- bankruptcy; Laura Mattiacci, employ- Center with more than 100 people in ily law, personal injury, real estate and ability; Margery Schneider, elder law; D. ment law; Patrick Kenney and Yana attendance. bankruptcy are being held on Tuesday Deone Powell, small claims and landlord/ Shapiro, workers’ compensation; and Presented by the Young Lawyers evenings and all are open to the public for tenant; David Wisniewski, consumer Thomas Petrelli, family law. The program Division, The People’s Law School runs a modest fee. More than 120 people have credit; Brian Chacker, personal injury; was coordinated by Stephanie Mensing, through Oct. 20 and includes 11 distinct registered for the program. Brad Shuttleworth, criminal law; Harper secretary of the Young Lawyers Division. philadelphiabar.org October 2009 Philadelphia Bar Reporter 9 YLD Update Live a Purposeful Life and Be a Contributor The Jewish High Holidays just that, we do not end up By Brian S. Chacker terness is about work we “They are more than 300 feet high and passed and like every year, I attended re- doing what we love.” I perform, and sometimes 18 to 20 feet in diameter. Interestingly, ligious services with my family at Adath am sure that we all have it is work done by oth- their roots are very shallow, only four to Jeshurun in Elkins Park. I really enjoy friends and colleagues ers. Other times, we feel six feet deep. The reason they stand and these services for a number of reasons, who have “abandoned taken advantage of either do not fall in a windstorm is that their not the least of which is that it gives me their dreams, and by our firms and/or our roots are intertwined beneath the surface an opportunity to reflect on the past deferred their hopes in clients – underpaid, of the earth. It is as if they are holding year and to take stock of my life over the the name of financial unappreciated and not hands underground, and this allows them course of that year. security and parental respected. to stay upright even on the windiest, rain- In prior articles I have made refer- approval.” Rabbi Rosenbloom swept days.” ence to the trying times that we pres- As the rabbi pointed noted “in this economy, If we are to survive the present crisis, ently are facing as people, as a profession out, while most of the many people who have we need to be more like the redwoods, and as a country. So many of us are out time we think of our jobs find they are doing the rabbi concluded. We must recognize of work and many who are employed work as a means to an end, the way we the work of more than one person as how interdependent we are on one anoth- often feel burdened and unfulfilled, and earn a living and pay for the necessities of [firms] retrench to stay in business, and er. We need to hold each other’s hand, to overwhelmed with stress, frustration and life, work is more than that. Our work they come to work each day wondering invest our work with purpose and nobil- disappointment. connects us to each other and fuels the if this will be the day they get their pink ity, and to cherish the opportunity it gives This year, during Rosh Hashana, Rabbi engine of society. slip.” us to contribute to society. We should Seymour Rosenbloom gave a sermon that “Work is noble, and every job can be This in turn leads our clients to feel respect others for the work they do, and I thought had a wonderful message and noble because, through our work, each frustrated and exploited, like they and be grateful for it because they do it for us. got me thinking about us as attorneys, of us contributes to society. To take pride their work are not receiving the attention We have to strive to do our part, however our role in society and the place of work in our work and to do a good job is to they deserve. Where does this lead? It tiny, to remake society so all are able to do in our lives. express our responsibility as a member of re-starts the cycle that makes work and work they love, and if not work they love, After speaking briefly about the late society. It honors not only ourselves, but workers unhappy and, at times, bitter. work that is appreciated for what it adds Sen. Edward Kennedy, Rabbi Rosen- it honors our neighbors and our families.” Toward the end of his sermon, the to the lives of others in society. When we bloom asked, “How many of us teach In light of the rampant layoffs facing rabbi talked about our present crisis. “As do that we will be better individuals, and our children that work is a means to a our profession, it resonated with me individuals, as a nation, as a community, we will be a better society. purposeful life? Not everyone can be a when the rabbi spoke about how, when we need to view ourselves as contributing I know I am going try to do my part United States senator. But everyone can we are out of work, we feel diminished through the tiny pushes of our honest and hope you will do yours. If we do, we live a life of service and everyone can not only because of the adversity we face, labor, our generosity, and our love, to will have a truly good year. view the work they do as a way of serving but because of our inability to be part of the welfare of society. And if you say, others; a way of serving the greater whole. this network of workers contributing to how can I change the world? . . . You are Brian S. Chacker, an associate with Gay It is all in how we look at it...We need to the welfare of society. We feel irrelevant. not obligated to complete the work, but Chacker & Mittin, P.C., is chair of the Young know that any job, even the ones we do Now, this may seem very philosophical neither are you permitted to pull away Lawyers Division Executive Committee. He temporarily, can be infused with purpose and not particularly practical, but stop from it.” can be reached at (215) 567-7955, or by and service.” for a moment and think about it. I would He talked about the redwoods of Cali- e-mail at [email protected]. “Many of us live our lives with a very venture that many people at one time fornia, the tallest living species on earth. cynical view of the world; that life is a or another, instead of seeing their work competitive game, and money is king – as noble, are bitter about one aspect or the only measure of victory. Because of another of their jobs. Sometimes the bit- /0$)6.40/
1$ My First Federal Trial

David M. Koller Alan Nochumson Natalie Klyashtorny

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10 Philadelphia Bar Reporter October 2009 philadelphiabar.org WWW.PHILABENCHBAR.ORG Sponsors USI Affinity PNC Wealth Management JuriStaff Summit Pharmacy American Lawsuit Funding JAMS OCTOBER 23-24 2009 Iron Mountain LexisNexis HARRAH’S Alliance Medical Legal Consulting CourtCall ATLANTIC CITY Eastern Pennsylvania Orthopedics

philadelphiabar.org October 2009 Philadelphia Bar Reporter 11 REGISTER FOR THE BENCH-BAR AND ANNUAL CONFERENCE AT PHILABENCHBAR.ORG Quarterly Meeting, State of Courts Highlight 2009 Event at Harrah’s n By Jeff Lyons ‘Law-au,’ Sports Talk Enhance Weekend Panel discussions on the future of Philadelphia and the state of Pennsylva- There’s more to the Bench- nia’s courts highlight the Association’s Bar and Annual Conference than Bench-Bar and Annual Conference on just great legal education. Oct. 23-24 at Harrah’s Atlantic City. The Oct. 23 Grand Reception The Conference opens on Friday, Oct. is set for The Pool After Dark at 23 with the October Quarterly Meeting Castille Ford Elliott Simpson Harrah’s Atlantic City. This year’s and Luncheon, where KYW Newsradio’s reception has a Hawaiian “law- Wally Kennedy will lead a panel discus- au” theme. Come dressed in your sion with Philadelphia City Council favorite casual resort attire, dine on members Bill Green, Brian O’Neill, classic Polynesian-inspired cuisine Blondell Reynolds Brown and Marian and dance the night away to the Tasco on the future of the city in the cur- sounds of BIG CITY. The Pool rent economic climate. There is no CLE After Dark, one of Atlantic City’s credit for the October Quarterly Meeting. hottest nightclubs, is the perfect Green is a councilman-at-large and setting for this festive event with its chairs the Labor and Civil Service Com- palm trees, cabanas and glass-dome Dembe Neifield Green mittee. He is vice chair of the Technology ceiling. and Information Services Committee. Saturday’s events start off with a O’Neill is now serving his eighth sports talk program over breakfast four-year term on the Philadelphia with Anthony Gargano and former City Council. He is a graduate of Saint Philadelphia Eagles linebacker Ike Joseph’s University and Widener Univer- Reese, who both host shows on sity School of Law. He serves the 10th SportsRadio 610 WIP. District. He is minority leader of City Council and chair of the Technology and Information Services Committee. tee, PARS Committee and the Criminal Reynolds Brown has been a member O’Neill Reynolds Brown Tasco Justice Advisory Board and several of its of city council since 2000. She is chair sub-committees. Under her direction new of the Parks, Recreation and Cultural Court President Judge Kate Ford Elliott, School of Law from 1998 to 2005. case management procedures were initiat- Affairs Committee and is vice chair of the Commonwealth Court Judge Robert Judge Dembe has been a Common ed in order to streamline protracted cases Commerce and Economic Development; (Robin) Simpson, Philadelphia Court of Pleas judge for 20 years and is the Presi- and she was instrumental in centralizing Disabled and Handicapped; and Educa- Common Pleas President Judge Pamela dent Judge of the Common Pleas Court. and developing the court’s present Mental tion Committees. P. Dembe and Philadelphia Municipal She is a graduate of Temple University Health program. In January 2009, her Elected to serve her sixth term as City Court President Judge Marsha Neifield School of Law and has lived in Philadel- colleagues unanimously elected her to a Council representative for the 9th District will all report on the state of their courts phia for approximately 40 years. five-year term as president judge. in November 2007, Tasco represents at the closing session of the conference. Judge Dembe is the past president of Sponsors for the 2009 Bench-Bar and more than 150,000 residents in Philadel- This program is worth 1 CLE credit. the of State Trial Judges organization, the Annual Conference include USI Affin- phia’s Northeast and Northwest sec- Chief Justice Castille was elected to the Pennsylvania Bar Association’s Criminal ity, PNC Wealth Management, JuriStaff, tions. She was elected Council majority Pennsylvania Supreme Court in 1993 and Law Section, the Brehon Law Society; Summit Pharmacy, American Lawsuit leader in January 2007. Tasco chairs the was sworn in as chief justice in 2008. He and the Friends of the Free Library of Funding, JAMS, Iron Mountain, Lexis- City Council Finance Committee and served as district attorney in Philadelphia Philadelphia. She is currently secretary of Nexis, Alliance Medical Legal Consult- the Public Health and Human Services from 1986 to 1991 and is a decorated the Board of the Free Library of Philadel- ing, CourtCall and Eastern Pennsylvania Committee. As majority leader, she cur- U.S. Marine Corps veteran who served in phia as well as an officer of the Temple Orthopedics. rently serves on all City Council Standing Vietnam. Inn of Court and a member of the Board Full-conference admission is $429 for Committees. Judge Elliott was elected to the Supe- of the Lawyers’ Club of Philadelphia. members and $479 for non-members. Kennedy has been a news anchor with rior Court in 1989 and became president President Judge Neifield was elected For members of the Young Lawyers Divi- KYW Newsradio since 2006. A familiar judge in 2006. She served as chief staff to the Philadelphia Municipal Court in sion and government and public interest name in Philadelphia radio and televi- attorney for the Superior Court from 1997. During her years on the bench attorneys, admission is only $279. sion, he has covered stories in the area for 1982 to 1988. Judge Neifield has served on various For hotel reservations, call Harrah’s 25 years. Prior to joining KYW Newsra- Judge Simpson was elected to Com- committees and panels including the directly at 609-441-5776. Rates do not dio, Kennedy spent 20 years as a televi- monwealth Court in 2001 and also Domestic Violence Law Enforcement include taxes. sion talk host. served on the Court of Common Pleas Committee, Criminal Justice Rules Com- The chairs of the Bench-Bar and An- Pennsylvania Supreme Court Chief of Northampton County. He also served mittee, the Bail Commissioners (now Ar- nual Conference are Molly Peckman and Justice Ronald Castille, Superior as an adjunct professor at Dickinson raignment Court Magistrates) Commit- Maria Feeley.

12 Philadelphia Bar Reporter October 2009 philadelphiabar.org REGISTER FOR THE BENCH-BAR AND ANNUAL CONFERENCE AT PHILABENCHBAR.ORG 13 Courses, 5 CLE Credits Available at Harrah’s Effective Negotiation and Francis Milone, Wanda E. Flowers, Advocacy | State Civil Litigation Barbara S. Rosenberg, Bradford W. Conference Schedule Section Hildebrandt and course planner and moderator Alyson M. Oswald. Friday, Oct. 23 A panel of experts will discuss effective Melanie Taylor is also a course planner. 9:30 a.m...... Registration 12 p.m...... October Quarterly Meeting negotiation styles, practical tips and best Navigating Your Way Through 2 p.m...... Break practices for effective negotiations, how Commerce Court | Business 2:30 p.m...... CLE seminars personality impacts negotiation behavior, Law Section techniques to better evaluate your nego- • Effective Negotiation and Advocacy tiation style and performance, effective Update from the Commerce Court • The Counsel Fees Conundrum: Perspectives of the Bench and Bar and ineffective negotiation habits and at- judges including tips and preferences for • Alternative Fee Arrangements: Bang for Your Clients’ Bucks titudes, commonalities among successful practicing in Commerce Court. or Loss Leader? negotiators, how to deal with common Panelists are Court of Common Pleas 3:30 p.m...... Break problems that arise in negotiation, and Judges Albert W. Sheppard Jr., 3:45 p.m...... CLE seminars ethical issues lawyers face in negotiation. Mark I. Bernstein and Arnold L. New • Navigating Your Way Through Commerce Court The goal is for attendees to enhance their along with Robert R. Baron Jr. and • Medicare Set-Asides: Changes in the Medicare Secondary Payer Act negotiation skills in all aspects of the prac- Stephen G. Harvey. The course planner and Navigating Your Way Through the Set-Aside Maze tice of law, to gain practical skills to better and moderator is Maria Feeley. • Is Forensic Science Really Science? Judge 6 – 10 p.m...... Grand Reception serve their clients. Panelists include Medicare Set­-Asides: Changes Diane M. Welsh Robert J. Mongeluzzi Saturday, Oct. 24 , , in the Medicare Secondary Thomas Kuzmick 8 a.m...... Breakfast and registration and course planner Payer Act and Navigating Your John E. Savoth 8:30 a.m...... Sports Talk with 610WIP’s Anthony Gargano and Ike Reese and moderator . Way Through the Set­-Aside 10:15 a.m...... CLE seminars The Counsel Fees Conundrum: Maze | Workers’ Compensation • State and Federal Coordination in Complex Litigation and Perspectives of the Bench Section Mass Tort Cases and Bar | Family Law Section The Medicare Secondary Payer Act has • Challenging Times in a Troubled Economy – What Directors This program will focus on awards of always been approached with confusion and Officers Need to Do Now counsel fees in divorce actions, and in- by judges and lawyers alike. Do we need • Ethical Considerations for Lawyers With Respect To Communications, clude a discussion of counsel fees awards a set-aside? How do you get a set-aside? Marketing and Public Relations and awards of counsel fees as sanctions; Who has to get the set-aside? Now, 11:15 a.m...... Break how to separate an application for an changes in the law have made things 11:30 a.m...... CLE seminars interim distribution versus an application potentially even more confusing What are • Deans of the Bar: Delivering Wining Closing Arguments for interim counsel fees; and what the these new reporting requirements; what • The Public’s Perception of the Courts Family Court defines as vexatious, obdu- are conditional payments: who has to • What Every Lawyer Should Know about Estate Law rate and bad faith conduct that warrants handle the reporting; what are the risks if 12:30 p.m...... Lunch and Closing Plenary an award of counsel fees. reporting isn’t done? These questions and State of the Courts Panelists include Philadelphia Court others will be answered by the panel in of Common Pleas Judges Angeles Roca an interactive, practical discussion. Don’t evaluation, and evidence assessment. This Casey, Kathleen D. Wilkinson and and Lisette Shirdan­-Harris along with feel that you are forced to go through a session will summarize the findings of the Jerome J. Shestack. Philadelphia Court Section Chair James Rocco, Daniel R. maze each time you settle a case. Instead, NAS report and discuss their significance of Common Pleas Judge Sandra Sulman and course planner and modera- this presentation will help you to navigate for criminal trials in Pennsylvania and Mazer Moss is the course planner and tor Julia Swain. through the set-aside maze. how judges, prosecutors and defense moderator. Alternative Fee Arrangements: Panelists are Workers’ Compensation counsel will make use of its findings. Challenging Times in a Maria Terpolilli Marissa Boyers Bluestine Bang for Your Clients’ Bucks Section Co-Chairs and Panelists are Troubled Economy: ­What Mitchell I. Golding Professor Jules Epstein or Loss Leader | Young Lawyers along with and . The course Directors and Officers Need Niki T. Ingram Lenard A. Cohen Isla A. Fruchter Division, State Civil Litigation , planner is . to Do Now | Business Law Bret R. Goldstein and Business Law Sections and . The course plan- State and Federal Coordination Section ner is Workers’ Compensation Section Recent developments in the economy in Complex Litigation and Mass Co-Chair Judge Michael A. Snyder. This CLE will feature a panel of corpo- have led clients to seek alternative bill- Tort Cases | State Civil rate and bankruptcy lawyers and include ing arrangements and firms to consider Litigation Section Is Forensic Science Really a brief overview of the fiduciary duties of alternative fee structures. In addition, Science? | Criminal Justice An experienced faculty of state and directors and officers under Pennsylvania time-based billing practices raise ethical Section federal judges, discovery masters and trial and Delaware law and provide practical questions and create perverse disincen- lawyers will explore the “windfalls” and advice for boards and officers of com- tives and there is a growing concern the In February, 2009, the National Acade- “pitfalls” they encounter when the two panies of all sizes to fulfill their duties of demands of increased billable hours are my of Science issued a report on the state courts team up to tackle cutting-edge risk oversight. The program will provide having unintended consequences and of forensic proof in the United States. discovery, Frye/Daubert and dispositive a number of examples of actions direc- compromising the health and well-being That report contrasted the solid empirical motion problems in the pharmaceutical tors and officers should consider includ- of lawyers and the communities they foundation of DNA proof with that of litigation and other mass tort cases. ing contingency planning for access to serve. This CLE will explore alternative other disciplines such as fingerprinting, Panelists include U.S. District alternative sources of liquidity and capital fee arrangements and include a discussion ballistics evidence, and handwriting, and Court Judge Cynthia M. Rufe, At- beyond traditional sources. of related ethical and economic issues. found them lacking in validation studies lantic County (N.J.) Superior Court Panelists include course planner Panelists are Robert C. Heim, and consistent standards for expertise, Judge Carol Higbee, Matthew A. continued on page 14 philadelphiabar.org October 2009 Philadelphia Bar Reporter 13 REGISTER FOR THE BENCH-BAR AND ANNUAL CONFERENCE AT PHILABENCHBAR.ORG Bench-Bar continued from page 13 Philadelphia Bar Association Michael D. Ecker, Barbara T. Ilsen and 2009 Bench Bar & Annual Conference James M. Matour. Ethical Considerations for Hotel Reservations: To receive our special rate, hotel reservations must be made no later than Oct. 1 by Lawyers With Respect To calling Harrah’s directly at 609-441-5776. Be sure to mention “Philadelphia Bar Association/2009 Bench Communications, Marketing Bar Conference” group code GHPBA9 to take advantage of the special rates of $209 in the new Waterfront Tower or $144 in the Harbor Tower on Friday, Oct. 23. Special rates are also available on Thursday and and Public Relations | Bar- Saturday night. Rates do not include taxes. News Media Committee; Law Practice Management Division; Professional Responsibility and Professional Guidance Public Int. & Amount Registration Type Member Non-Member YLD Member Committees Gov. Owed This course will explore how attorneys Full Conference: Includes all can communicate a brand, build a niche, CLE programming and all sponsored expand their networks, talk to the media, meals and events on Friday and $429 $479 $279 $279 and grow their businesses while not run- Saturday. ning afoul of the Rules of Professional

Conduct. The goal is to enhance attend- Friday - Reception Only: $125 $150 $125 $125 ees’ skills to ensure that their communica- Includes Friday night event only. tion strategies and tactics are effective for the new economy, but within the ethical Friday Only - Includes Re- boundaries defined by the Pa. Code. ception: Includes all CLE program- $299 $349 $149 $149 Panelists are (course planner) Gina ming and all sponsored meals and events on Friday. Fuira Rubel, Joseph A. Prim Jr., Lu Ann Cahn of NBC­10 Philadelphia, Non-CLE Credit and Guest Daniel J. Siegel, co-­chair of the Law Fee: Includes all sponsored meals $175 $200 $175 $175 Practice Management Division and and events on Friday and Saturday. Hope A. Comisky, co-­chair of the Professional Responsibility and Quarterly Meeting and Professional Guidance Committees. Luncheon: Includes Friday Lunch $55 $60 N/A N/A Only. Deans of the Bar: Delivering Winning Closing Arguments | State Civil Litigation Section Attendee Name: Total due: Nickname on Badge (if different from above): Veteran trial lawyers will tell tales and offer tips for delivering effective Company / Organization: and successful closings and will demon- Guest Name(s): strate closing arguments. Panelists are S. Address: Gerald Litvin and William J. O’Brien. Regina M. Foley is the moderator and City: State: Zip: course planner. Phone: Fax: E-mail: Credit Card Holder (please print): The Public’s Perception of Special / Dietary Needs: the Courts | Public Interest Emergency Contact Name: Phone: Section and Pennsylvanians for Modern Courts Card Type: AMEX MC Visa Card Number: Expiration Date: Signature: Date: In the face of recent scandals in Penn- sylvania and the increasing influence of money in judicial elections, public confi- dence in the courts has been declining. It Fax: 215-238-1159 | Make Checks Payable to : is the shared responsibility of the bench Philadelphia Bar Association | 1101 Market Street, 11th Floor | Philadelphia, PA 19107 | www.philadelphiabar.org and the bar to address this and to restore public confidence. This course will focus these issues, and how the bar and courts ligencer. Course planners are Court (for example: client dies during and a brief presentation on writing wills can work to improve public understand- Shira Goodman, Marks and Love. litigation, client becomes incompetent and preparing other estate documents for ing of the courts and the role of judges. What Every Lawyer Should during representation, removing tenant family and friends. Pennsylvania Superior Panelists are Know About Estate Law | from property owned by a decedent, Panelists for this program are Court Judge Correale F. Stevens U.S. Philadelphia Court of Common Pleas , Probate and Trust Law Section collecting from or filing a lien against an District Court Judge Theodore A. estate, etc.); the general expectations of Judge Anne E. Lazarus and course plan- McKee, Angus R. Love, chair of the This course will examine situations that counsel from the court’s point of view ner Sharon Wilson. Public Interest Section, Lynn Marks and arise that bring non-estate lawyers into and a general overview of the process of Hank Grezlak, editor, The Legal Intel- contact with estate law and/or Orphan’s raising an estate in these special situations;

14 Philadelphia Bar Reporter October 2009 philadelphiabar.org In Their Own Words Jenkins Law Library Adapts to Changing Times

I am often asked if By Regina Smith Us” that we can present law libraries will still be at your firm that high- When Jenkins renovated four years ago, we de- around in 20 years. The lights the many research answer is yes, but they resources available to signed the library to become more than a place will be different. When your attorneys. that houses books. We recognized that we had to Jenkins renovated four We are now offering years ago, we designed a Wednesday evening provide services beyond traditional legal research the library to become series of classes and are assistance if we were to survive. more than a place that open until 7 p.m. on houses books. We rec- that night for those who ognized that we had to need just another hour provide services beyond to finish up their re- The challenge is to find a balance so valuable. traditional legal research search. Our café provides between print products and database As the traditional law library model assistance if we were to survive. At the a place for our members to meet with a subscriptions. Licensing databases is continues to evolve, Jenkins will maintain same time, we realized that the majority colleague, grab a cup of coffee, or have complicated. Legal information vendors its presence as a destination for the legal of Jenkins’ members do not even visit the lunch. do not make it easy. While a university profession, where an attorney can rent a law library in person; rather they use us The 12 computer stations in our refer- might have 10,000 students and a vendor conference room, video conference, grab from their office, home or while com- ence area provide access to Lexis, Westlaw, makes the database available to them, a cup of coffee in the café or attend a muting on the train. How is America’s Congressional Documents, Fastcase, Law Jenkins, with a defined membership of CLE class. It will also evolve as a library oldest law library serving a diverse popu- Reviews, Newsbank and many more 8,000, is often unable to get a similar deal and information center without walls that lation including the public and trying databases. Some law firms that used to because some legal information vendors is always open around the clock, never to meet everyone’s needs in the current subscribe to both Lexis and Westlaw now want the attorneys to purchase their closed! economy? subscribe to only one. We have noticed product directly. It would be prohibitive We have made subscription databases that more associates are coming in person for a solo practitioner or small law firm to Regina Smith ([email protected]) is such as Newsbank, Fastcase, LexisNexis to Jenkins to search the service that their subscribe to every legal database available executive director of Jenkins Law Library. Congressional Documents, Pennsylvania firm cut. which is why a membership in Jenkins is Legislative Histories, Pennsylvania Legal Over the past 20 years, large law firm Forms and Periodical Indices available libraries have downsized their print col- to our members that they can search lections and relied more on electronic remotely. Solo practitioners and those resources. Jenkins has done the same, but with firms of up to 10 attorneys also have many of the users we serve still expect us remote access to Lexis for 20 minutes to maintain print materials. The price of each day. Our web site contains links to legal publications has increased dramati- primary law materials on the federal and cally and it is impossible for a library like state levels. Jenkins to maintain subscriptions that We have expanded our CLE classes were once an automatic renewal. We re- and our computer learning center offers cently cancelled subscriptions to the case a hands-on learning experience. We also reporters for all states except Pennsylvania STOP PRACTICING conduct CLE classes at law firms and will because they are available at Jenkins on design courses to meet your needs on the Lexis, Westlaw and Fastcase. Library topic of your choice. We offer a free one- members can search them for free as a hour CLE class, “Jenkins Get to Know benefit of membership. SOCIAL WORK Resolving social service issues can be costly and time-consuming—unless it’s your one-and-only Business Valuation Expert Witness specialty. Since 1986, Intervention Associates has Available for valuations, business disputes, tax cases and similar matters specialized in professional evaluations, individual and family counseling, coordination of in-home and nursing t
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philadelphiabar.org October 2009 Philadelphia Bar Reporter 15 U.S. District Court Senior Judge Norma L. Shapiro (above, left and Butler Buchanan talked about the past and current state of diversity. Panelists also answered questions from the audience of more than 150 at The CLE Conference Center. Podcast trict Court bench for 31 years. investigated ways to eliminate racial Spotlight Diversity Summit “Philadelphia, with its Quaker and discrimination in bar admission proce- Visit philadelphiabar.org to listen to continued from page 1 colonial past, has been very hard on dures. She also cited the lack of Asian- the podcast of this program. women and minorities. WolfBlock, I American judges in the city and called it tor; John Encarnacion, associate, White believe, was established because Jewish an issue that will have to be discussed in instinctively. We have to keep pushing.” and Williams LLP; Thomas Fitzpatrick, lawyers couldn’t get positions. My beloved the future. Leonetti, who has cerebral palsy, said partner, Fitzpatrick & Long, LLC; colleague, Judge Clifford Scott Green, Former Chancellor Andrew Chirls the future of inclusion, especially for Heather J. Holloway, associate, Thorp was a member of Norris, Schmidt, Green, said he’s optimistic in the Bar’s ability to people with disabilities, is right now. Reed & Armstrong LLP; Richard Negrin, Harris, Higginbotham and Brown, the grow in its diversity to the point where “I have an obligation as an attorney vice president and associate general coun- only place where lawyers of color could we “don’t have to count how many of with a disability in this city to make sure sel, ARAMARK; Jamie Ray Leonetti, be hired. I call it the Fountain of Judges this kind or that kind of Chancellor we’ve that at the point when I’m ready to retire Center for Disability Law Policy; and because so many of those partners did had.” way down the line, there are other people Lynn Zeitlin, executive director, Equality become judges,” said Judge Shapiro, a Negrin, former president of the His- with disabilities in this city practicing law Advocates. former Chair of the Association’s Board of panic Bar Association of Pennsylvania, who through my efforts have been given “When I came to the bar, there were Governors. said diversity ebbs and flows. “I tell young the same equality of opportunity that I 12 of us women in the city,” said Judge She discussed the work of the Liacou- people to push hard so diversity is no was given. The challenge for all of us is Shapiro, who has been on the U.S. Dis- ras Commission in the 1970s, which longer an initiative. There’s a reason we’re to recognize that and for each of us to do holding a summit today and hopefully our own small part to that end,” she said. there will be a day when we won’t need “If you see someone out there in your 3ĖĔĠģĕĤ
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you should be accurate, specific and and focusing on your target audience are 215.884.3280 know your audience. Think about what key points to remember when network- makes sense to those you are reaching ing online. XXX.PPOFZT.PWJOHDPN out to and know what other people are doing so you can do it better. Rubel also Regina Parker, an associate with Mattioni, No pickup fee for first-time customers recommended creating different blogs for Ltd., is an associate editor of the Philadelphia different practice areas. The blogs should Bar Reporter.

16 Philadelphia Bar Reporter October 2009 philadelphiabar.org committee on the legal rights of children School Officials Outline Anti-Truancy Efforts n By Thomas Bryan one million hours of instruction due to cation of records. truancy. • A new family support center will be Podcast Two officials from the School Pombar laid out the new steps and opening at 1801 Vine St. District of Philadelphia updated the improved processes the district plans to • The processes for identifying and Spotlight Committee on the Legal Rights of implement in the upcoming school year responding to truant students will be Visit philadelphiabar.org to listen to Children with the District’s most recent to identify struggling students early and standardized across the district’s 284 the podcast of this program. efforts to address the truancy problem in direct them to the appropriate resources. schools. the city. Among them: • A program assistant and special edu- imprison a parent, or have them perform In February, District Superintendent • Teachers will be required to take at- cation coordinator will be added to focus community service, via Philadelphia’s Dr. Arlene Ackerman raised truancy tendance every day. on children who go through the courts. compulsory school attendance laws. as a serious problem for the upcoming • Student advisors will be designated in • Year-end grades will be pushed to the Also discussed was the new city ordi- school year. Frank Pombar and Delia the 95 most challenged schools (the “em- actual end of the school year, to avoid the nance, sponsored by City Councilman Reveron of the school district’s office of powerment” schools) and will be involved large jump in truancy that traditionally William K. Greenlee and passed unani- attendance and truancy, speakers at the in the truancy process. occurs after these grades are reported. mously in March, that imposes a fine of Aug. 26 program, said that in academic • “Discipline truancy liaisons” who The District will also form compre- $25 – which could increase to as much as year 2007-2008, some 15,000 children will monitor truancy and develop specific hensive student assistance process teams $300 – on the parents of a student found were not attending school on any given strategies will be assigned by region. at the district’s 95 empowerment schools. out of school between 9 a.m. and 1 p.m. day and nearly half of those were truant. • Processes of responding to truancy These are multidisciplinary teams charged However, there does not, at this point, This meant that the district lost nearly will be streamlined by eliminating dupli- with identifying and addressing truancy. seem to be a mechanism referring truancy According to student feedback, bul- issues to the criminal justice system, for lying, feeling unsafe, low expectations, charges of corrupting the morals of a family obligations and romantic problems minor or endangering the welfare of a Frontline Let me be clear: I am are the most common underlying causes child. This may be due to the fact that continued from page 3 for truancy. Students also felt that they most truancy problems involve high- not talking about dif- needed additional incentive, to actually school age children, and those charged are opinions. ferences of opinion, attend school. more appropriate where younger children I think it is incumbent on all of us to The courts generally do not become are involved. listen to each other so that we can have passionate debate or involved until after a child has been Pombar concluded by stating the a true dialogue. A healthy difference vehement disagree- truant for 10 days at which point both three main goals of the administration of opinion is just that: well stated, well Family Court and the Department of with regards to truancy are speed in the reasoned and below 90 decibels. ments. I am talking Human Services become involved. A list response, improved relationships amongst Consider the late William F. Buckley. about the current of students with 10 or more absences is city services, and getting back to basics of He most certainly expressed conserva- automatically sent to DHS and Fam- taking attendance. tive political views. But he elevated civil spate of incivility and ily Court on a regular basis where these discourse to an art. hate talk that is chok- students are put into Project Start. The Thomas Bryan, ([email protected]) an Reasonable people can and do disagree. Project Start initiative is comprised of associate with Gerolamo McNulty Divis & Hate speech, however, goes beyond that. ing our public dis- eight regional courts and two courts at Lewbart, P.C., is an associate editor of the That is why I call on each of us to stand course, fueling fears 1801 Vine St. These courts can fine or Philadelphia Bar Reporter. up in the tradition of the Philadelphia lawyer and speak the truth. Be vocal and and diminishing our state your case when someone speaks out capacity to engage ATTORNEY DISCIPLINARY / ETHICS MATTERS in a hateful way. Challenge content that is inaccurate or misleading. Do contact your in civilized discourse elected officials, write letters to the editor with one another. and make your opinions known. Do join and support the affinity Somewhere along the groups, ethic organizations and civic or way, we as Americans civil rights associations that promote understanding and battle stereotypes. have created a culture In this era of ranting politicians, rude of rudeness and offen- Pennsylvania and New Jersey matters  No charge for initial consultation celebrities and intolerant talking heads, at siveness. a time when we can bleat and tweet and Representation, consultation and expert testimony in matters poke and blog and blurt out our most involving ethical issues and the Rules of Professional Conduct intimate thoughts and opinions, sharing ourselves instantly with a mass audience When we fail to do that, not only James C. Schwartzman, Esq. Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania  Former Federal Prosecutor through social media, let us all remember do we let each other down. We let this Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania that free speech does come with a price. country down. Pennsylvania Interest on Lawyers Trust Account Board Yes, it is absolutely OK to be passion- Dana Pirone Carosella, Esq. ate and express strong opinions. But as Sayde J. Ladov, a principal with Offit- Representing attorneys in disciplinary/ethics matters for 13 years  Author/Speaker on ethics matters attorneys, we also know that the right to Kurman, is Chancellor of the Philadelphia 1818 Market Street, 29th Floor, Philadelphia, PA 19103 free speech comes with an equal responsi- Bar Association. Her e-mail address is chancel- (215) 751-2863 bility to be fair and respectful. [email protected]. philadelphiabar.org October 2009 Philadelphia Bar Reporter 17 Bar’s Efforts Applauded for Get Help Now PA

President Obama and first lady team up with the law school.” Michelle Obama asked the nation’s Consisting of Tuesday and Thursday More than 100 Philadelphia attorneys governors and first ladies in June to join afternoon sessions from July through the them in helping to promote statewide second week of September, the Philadel- volunteered for over 300 hours to offer legal and service projects to assist Americans phia location was coordinated by Brian financial guidance to Philadelphians suffering who were struggling financially. Their Sims, the Philadelphia Bar Association’s goal was to ask attorneys, bankers and staff counsel for policy and planning. mortgage foreclosures, credit issues, bankruptcies, financial experts to lend their time and “We approached the leadership of the and countless employment issues guidance to those most affected by the Association’s sections and divisions and economic downturn. asked each of them to sponsor a week Gov. Edward G. Rendell and first lady of volunteer time,” said Sims. “We also Judge Marjorie Rendell were quick to approached the Philadelphia Legal Sec- approach Pennsylvania Bar Association retaries Association and the Philadelphia President Clifford Haines to get things off Association of Paralegals for help in pull- the ground. Haines, a past Chancellor of ing together volunteers and coordinating the Philadelphia Bar Association, was just the program.” as quick to approach current Chancellor In total, the 10-week program saw Sayde Ladov for her help in promoting hundreds of attorneys helping hundreds week of the program. These sections were “The Governor’s Office, the Office of Get Help Now PA in the Philadelphia of consumers across the state. In Philadel- joined by support from the LGBT Rights the First Lady, and the Pennsylvania Bar region. phia, the Drexel location ranked among Committee, Women in the Profession Association took the invitation from the “Our members are constantly explor- the highest in the state for both attorney Committee, and the attorneys on the staff White House to help citizens in need, ing new opportunities to support the and consumer turnout, regularly seeing of the Bar Association. and it has been great to see the members community and in these economic times, more than 20 volunteer hours a day. “More than 100 Philadelphia attorneys of the Philadelphia Bar Association rise every bit of guidance and counseling Special thanks go to the Workers’ volunteered for over 300 hours to offer to the challenge as well,” he added. “The helps,” said Ladov. “Drexel University’s Compensation Section, Public Interest legal and financial guidance to Philadel- Chancellor and the Board of Governors Earle Mack School of Law jumped at the Section, Young Lawyers Division, Probate phians suffering mortgage foreclosures, are very thankful to those volunteers who opportunity to host the Philadelphia site and Trust Section, and the Business credit issues, bankruptcies, and countless made this program a success statewide and I’m excited for another chance to Law Section, who each sponsored a employment issues,” said Sims. and here in Philadelphia.” Pa. Innocence Project Holds Training Session

The first “class” of volunteer lawyers for the Pennsylvania Innocence Project met Sept. 11 at Temple University Beasley School of Law. They met for six hours to learn about the causes of wrongful convictions, what to expect in a state criminal courtroom, and how to deconstruct a case. The presenters, full-time and adjunct Temple law professors, were some of the state’s best-known post-conviction attorneys as well as nationally known practitioners in the fields of DNA and forensic science and eyewitness identifications. The two-day training included topics on the law regarding post-conviction relief, how to investigate witnesses and missing discovery, and working with foren- sic science experts. Thereafter, the Pennsylvania Innocence Project will periodically sponsor CLEs on topics related to ethics and litigating innocence claims and wrongful convictions. Larry Presley (right), director, Forensic Science Department at Arcadia University, leads a discussion. Photos courtesy of Pennsylvania Innocence Project Innocence Pennsylvania of courtesy Photos

18 Philadelphia Bar Reporter October 2009 philadelphiabar.org Statement of ownership, management and circulation (required by 39 USC 3685) 1. Publication title: Philadelphia Bar Reporter. 2. Publica- Sunah in the City tion No.: 710-610. 3. Filing date: October 2009. 4. Issue Frequency: Monthly. 5. Number of issues published an- nually: 12. 6. Annual subscription price: $45. 7. Complete mailing address of known office of publication: Philadel- phia Bar Association, 1101 Market St., 11th floor, Phila- delphia, Pa. 19107-2911. Contact person: Martha Phan. A Change She Can Believe In Telephone: (215) 238-6346. 8. Complete mailing address of headquarters or general business office of publisher: I’m not exactly sure how to start days of freedom from not leave when I did, I Philadelphia Bar Association, 1101 Market St., 11th floor, By Sunah Park Philadelphia, Pa. 19107-2911. 9. Full names and complete this column, so I’ll get right to it. I gave billable hours and dead- may not have ever done mailing addresses of publisher, editor, and managing edi- notice to my firm at the end of August. It lines were wasted. I still so. Cliches exist for a tor: Publisher: Philadelphia Bar Association, 1101 Market was a hard decision. As I wrote in last worried about the status reason – I wanted to St., 11th floor, Philadelphia, Pa. 19107-2911. Editor: Sunah Park, Esq., Philadelphia Bar Association, 1101 Market St., month’s column, I marked my 10th of my cases. I missed avoid the one where I 11th floor, Philadelphia, Pa. 19107-2911. Managing editor: anniversary at the firm in April. And as going into my bright, live through life won- Jeff Lyons, Philadelphia Bar Association, 1101 Market I made clear in last month’s column, I sunny office. I continued dering, “what if?” St., 11th floor, Philadelphia, Pa. 19107-2911. 10. Owner: Philadelphia Bar Association, 1101 Market St., 11th floor, am not one for change. When this year to e-mail my (former) I am not one to rest Philadelphia, Pa. 19107-2911. 11. Known bondholders, began, I had no idea that I wouldn’t be co-workers. I tried to on my laurels (what are mortgagees, and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages, at my firm’s holiday party in Decem- wade through my piles laurels, by the way?), but or other securities: none. 12. Tax status (for completion ber. But it seems my perfect attendance of legal journals. For- I knew that I needed by non-profit organizations authorized to mail at nonprofit record will be broken this year. tunately, after the first some time off before I rates): The purpose, function and nonprofit status of this organization and the exempt status for federal income Of course, many questions followed week, I rediscovered transitioned to anything tax purposes has not changed during the preceding 12 the announcement of my decision. The my love of reading non-legal tomes and else. Ten years ago, when I left my first months. 13. Publication Title: Philadelphia Bar Reporter. most popular and predictable was, learned to wean myself from the office firm for my most recent, I left on a Friday 14. Issue date for circulation data below: October 2008. 15. Extent and nature of circulation: A. Total number of “why?” The simple answer was “because.” and all things legal. As I write this, I can and began work on Monday. Therefore, copies (net press run): Average number of copies each The other question was “are you OK?” honestly say that I do not miss billable I hope to make the most of this precious issue during preceding 12 months: 11,392. Number of cop- hours. But there is a part of me that ies of single issue published nearest to filing date: 10,042. (i.e., are you insane?) Yes, I am OK and time off and hope to visit friends and B. Paid and/or requested circulation: 1. Paid/requested no, I am not insane. I am well aware misses the action. travel as much as possible. But most of outside-county mail subscriptions stated on Form 3541 of the state of the economy. But I also In spite of the outward appearance all, I look forward to just taking deep (Include advertiser’s proof and exchange copies): Average number of copies each issue during preceding 12 months: knew that there had to be a reason I felt of rashness, my decision to leave was breaths and watching the leaves change. 2,879. Number of copies of single issue published nearest compelled to write last month’s column not without careful thought. But what to filing date: 2,512. 2. Paid in-county subscriptions stated regarding change. After all these years, pushed me to pull the plug was the Sunah Park is editor-in-chief of the Philadel- on Form 3541 (Include advertiser’s proof and exchange copies): Average number of copies each issue change was finally beckoning me and certain thought that it was time. If I did phia Bar Reporter. during preceding 12 months: 8,058. Number of copies I couldn’t ignore its call. Perhaps I was of single issue published nearest to filing date: 7,195. 3. comforted by the fact that my friends Sales through dealers and carriers, street vendors, coun- ter sales and other non-USPS paid distribution: Average who have undergone change were all number of copies each issue during preceding 12 months: “OK.” Change did not have to mean the 0. Number of copies of single issue published nearest to end of something. Clearly, it could mean filing date: 0. 4. Other classes mailed through the USPS: INCORPORATION 0. Average number of copies each issue during preceding the beginning as well. 12 months: 0. Number of copies of single issue published After I e-mailed and called many of nearest to filing date: 0. C. Total paid and/or requested AND circulation (sum of 15B1, 15B2, 15B3 and 15B4): Average my contacts to tell them my news, I was number of copies each issue during preceding 12 months: most surprised to hear words of envy LIMITED LIABILITY 10,937. Number of copies of single issue published nearest and admiration from some. I suppose to filing date: 9,707. D. Free distribution by mail (samples, complimentary and other free copies): 0. Average number I had wondered what people would COMPANY FORMATION of copies each issue during preceding 12 months: 0. 1. think when they received my e-mail that Outside-county as stated on Form 3541: 0. 2. In-county as CONVENIENT, COURTEOUS SAME DAY SERVICE stated on Form 3541: 0. 3. Other classes mailed through announced my departure but did not the USPS: 100. Number of copies of single issue published include where I was going. When there nearest to filing date: 1. Outside-county as stated on Form are so many who are looking for jobs 3541: 0. 2. In-county as stated on Form 3541: 0. 3. Other PREPARATION AND FILING SERVICES IN ALL STATES classes mailed through the USPS: 100. 4. Free distribution right now, was I being reckless in leaving outside the mail (carriers or other means): Average num- a secure position? But rather than judge CORPORATION OUTFITS AND ber of copies each issue during preceding 12 months: 153. me as reckless or foolish, there were some LIMITED LIABILITY COMPANY OUTFITS Number of copies of single issue published nearest to fil- ing date: 170. E. Total free distribution (sum of 15D1, 15D2, who wished they could do the same but 15D3 and 15D4): Average number of copies each issue for whatever personal reasons, they could SAME DAY SHIPMENT OF YOUR ORDER during preceding 12 months: 253. Number of copies of sin- not. I realized how fortunate I was to gle issue published nearest to filing date: 270. F. Total dis- tribution (sum of 15C and 15E): Average number of copies be in a position to make a decision that CORPORATE STATUS REPORTS each issue during preceding 12 months: 11,190. Number affected me and no one else. Moreover, I UCC, LIEN AND JUDGMENT SEARCH SERVICES of copies of single issue published nearest to filing date: 9,977. G. Copies not distributed: Average number of copies was grateful to hear so many good wishes DOCUMENT RETRIEVAL SERVICES each issue during preceding 12 months: 303. Number of from so many. copies of single issue published nearest to filing date: 300. The most difficult part was advis- H. Total (sum of 15F and 15G): Average number of copies each issue during preceding 12 months: 11,493. Number ing my clients of my imminent depar- of copies of single issue published nearest to filing date: ture. My clients were disappointed by my M. BURR KEIM COMPANY 10,277. J. Percent paid and/or requested circulation (15C leaving, but they were very supportive SERVING THE LEGAL PROFESSION SINCE 1931 ÷ 15F x 100): Average number of copies each issue dur- ing preceding 12 months: 97.74 percent. Number of copies and encouraging. Of course, I felt like I of single issue published nearest to filing date: 97.29 per- was abandoning them, but fortunately, I cent. Signed, Kenneth Shear, Executive Director, Sept. 25, 2021 ARCH STREET, PHILADELPHIA, PA 19103 2009. I certify that all information on this form is true and knew that I was leaving them in capable complete. I understand that anyone who furnishes false hands. Speaking of those hands, I forbade PHONE: (215) 563-8113 or misleading information on the form or who omits mate- any of my now-former co-workers from rial or information requested on the form may be subject FAX: (215) 977-9386 saying “goodbye” to me since I do not to criminal sanctions (including fines and imprisonment) WWW.MBURRKEIM.COM and/or civil sanctions (including civil penalties). plan to be a stranger to them. I can share with you that the first few philadelphiabar.org October 2009 Philadelphia Bar Reporter 19 Bar Foundation Pro Bono Week: Legal Profession at its Best

As a lawyer, I’m sure By Amy Ginensky of legal assistance. The we’ve heard every bad Bar Foundation gathers Please visit the Philadelphia Bar Foundation’s new web site at lawyer joke there is, statistics on pro bono WebCheck PhilaBarFoundation.org. every one of which ends each year from the legal with a punch line that services organizations we disparages us. What is fund, and they reported Pennsylvania legal aid intake workers exist with Philadelphia’s public inter- lost in all the jokes and that last year more than must turn away one out of every two est organizations. Coordinated by the the stereotype of the 60,000 hours were people who apply for legal assistance be- Public Interest Section’s Delivery of Legal greedy lawyer is how donated by private bar cause the legal services organizations lack Services Committee and the Law School much lawyers give of attorneys who handled the resources to handle their cases. And, Outreach and Law Firm Pro Bono their time and exper- more than 5,000 cases. in this economy, the need for pro bono Committees of the Philadelphia Bar As- tise to help others, just Five thousand cases. Five help is even greater, for at the same time sociation, Pro Bono Celebration Week is because it’s the right thousand individuals that funding for legal services is shrinking, planned in collaboration with the ABA’s thing to do. and families helped through the judicial the need among the poor and working National Pro Bono Celebration. The term pro bono publico means “in system because of the uncompensated poor for those services is increasing. Sara Woods, executive director of the public interest,” and the public inter- efforts of Philadelphia lawyers. Hence, Pro Bono Celebration Week. Philadelphia VIP and a co-chair of the est bar, which does so much for the poor Despite these figures and the astound- This week of festivities honors the pro DLSC Pro Bono Subcommittee, called and downtrodden in our community, ing contribution of time, talent and en- bono contribution of Philadelphia’s law- the National Pro Bono Week celebration relies on the help of pro bono attorneys to ergy they represent, there is still more that yers and offers an occasion to learn more in Philadelphia “a microcosm” of the handle the overwhelming number of peo- needs to be done. According to a report about the interesting and professionally opportunities volunteers can find here ple who walk through their doors in need issued by the Pennsylvania IOLTA Board, challenging pro bono opportunities that continued on page 21

Memorial, Honorary Gifts Recognized Pro Bono Week Calendar From time to time, the Philadelphia Bar Foundation receives contributions or a fund in memory of someone who has died or, on a happier note, to mark a special Monday, Oct. 26 Aid, 111 N. 49th St. Register with occasion or honor an achievement. Philadelphia lawyers are a special breed. We • Chancellor’s Forum on Prisoner Pro Marsha Cohen at marsha@philalegal. honor them when we make a gift to the Bar Foundation that is then used to assist Bono Projects: 12 p.m., Philadelphia org. Philadelphia’s public interest lawyers and the clients to whom they provide legal Bar Association, 1101 Market St. Thursday, Oct. 29 services. Register at philadelphiabar.org. • SeniorLAW Center HelpLine volun- • Pro Bono Open House Fair: 5 p.m., teer training program: 11 a.m. to 1 Duane Morris LLP, 30 S. 17th St. To In Memory p.m., Fox Rothschild LLP, 2000 Mar- register contact Nicole Friant at Given by Amy B. Ginensky and Andrew R. Rogoff in memory of Samuel ket St., Register with Sue Wasserkrug [email protected]. Barson, father of Leon R. Barson, a partner at Pepper Hamilton LLP. at 215-701-3216 or swasserkrug@ Given by U.S. District Court Senior Judge Norma L. Shapiro in memory of Tuesday, Oct. 27 seniorlawcenter.org. Toby Cutner, wife of Clyde Cutner, of Coffey, Kaye, Myers and Olley. • VIP Pro Bono Opportunities Day: , • Homeless Advocacy Project Legal Philadelphia Bar Association Larry Frankel Given by the in memory of , who 8:30 a.m. to 12:15 p.m., Montgom- Clinic: 10 a.m., Eliza Shirley Shelter, served as Legislative Director for the American Civil Liberties Union of Pennsylva- ery, McCracken, Walker, & Rhoads 1320 Arch St. Register with Marsha nia from 1992 through 2008 and Executive Director from 1996 to 2001. At the LLP, 123 S. Broad St. Program will Cohen at [email protected]. time of his death, Larry was the State Legislative Counsel for the American Civil feature CLE training in mortgage Liberties Union in its Washington Legislative Office. A passionate fighter for civil Friday, Oct. 30 foreclosure, public housing and quiet • SeniorLAW Center training program liberties, Larry was a respected member of the Public Interest Section’s Delivery of title. To register, call 215-523-9550 or Legal Services Committee. Personal Planning 101: Wills, Living e-mail [email protected]. Wills, and Powers of Attorney for Older Given by the Philadelphia Bar Association and by Deborah Gross in • Homeless Advocacy Project Le- memory of M. Mark Mandel, former president of the Philadelphia Trial Lawyers Pennsylvanians: 12 to 3 p.m., gal Clinic, 10 a.m., UHCH, Penn Duane Morris LLP, 30 S. 17th St. Association who received the association’s distinguished-service award in 1976 as Center, St. Agatha/St. James, 38th and Register with Roxanne Crowley at “the trial lawyer who does the impossible.” Chestnut streets. Register with Marsha Deborah Gross Albert W. Schiffrin [email protected]. Given by in memory of , an active mem- Cohen at [email protected]. ber of his community and a respected member of the bar who was inducted into • Capstone CLE Forum - Pro Bono: the Philadelphia Bar Association’s 65-year club in 2007. Wednesday, Oct. 28 Where Do We Go From Here: 9 a.m. Given by Amy B. Ginensky and Andrew R. Rogoff in memory of Henry • Support Center for Child Advocates to 12 p.m., University of Pennsylvania Tate, father of Joseph A. Tate, a partner at Dechert LLP. CLE training program on How to Law School, 34th and Chestnut Handle a Child Abuse Case: 8:30 a.m. streets. 3 CLE credits (pending ap- In Honor to 4:30 p.m., The CLE Conference proval). Register with Arlene Finkel- Given by Steven H. Korman in honor of Robert Grossman of Korman Com- Center, Wanamaker Building, 13th stein at [email protected]. munities. and Market streets, 10th floor. Regis- • Homeless Advocacy Project Legal Given by David Minkoff and Deborah Minkoff to honor the kindness and ter with PBI at 1-800-247-4724. Clinic: 10 a.m., St. John’s Hospice, generosity of Ed Hazzouri and Mary Viclas. • Homeless Advocacy Project Legal 1221 Race St. Register with Marsha Given by Steven H. Korman in honor of Henry Kuller of Blank Rome LLP. Clinic: 10 a.m., Kirkbride/Traveler’s Cohen at [email protected].

20 Philadelphia Bar Reporter October 2009 philadelphiabar.org agencies and learn about pro bono op- page at Philadelphiabar.org. contributions of time as well as money. Foundation portunities. Other events throughout the In these columns I often urge you to So I hope to see you at one of the Pro continued from page 20 week include several pro bono trainings give financially to legal services (most Bono Week events and urge you to join offered for CLE credit presented by Phila- especially to the Bar Foundation), so the thousands of lawyers each year who all year round. “There are public interest delphia VIP, Support Center for Child this column might seem like a change of provide pro bono services in Philadelphia. agencies in Philadelphia that work with Advocates and SeniorLAW Center, and theme. But it really isn’t. Lawyers have those most in need in our community. four legal clinics sponsored by Homeless a special responsibility to ensure that Amy B. Ginensky, a partner at Pepper Ham- Whether a volunteer attorney is interested Advocacy Project. The full schedule is everyone has access to our justice system, ilton LLP, is president of the Philadelphia Bar in helping disadvantaged children or located on the Public Interest Section’s and fulfilling that responsibility requires Foundation. the homeless or in working on women’s issues or housing concerns, this week will introduce all the different ways there are to get involved,” she said. The week kicks off Monday, Oct. 26 with a lunchtime Chancellor’s Forum on prisoner pro bono projects, moderated by Bar Association Chancellor Sayde Ladov. Also on Oct. 26, from 5 to 7 p.m. at the Morris Café at Duane Morris, attorneys from across the city will meet over food and beverages at the Pro Bono Open House to network with legal services Saturday, Nov. 21, 2009 VIP Honors Stanley Askin This month Philadelphia VIP recognizes Stanley R. Askin, MD, JD, of the Law Office of Stanley R. Askin, for his outstanding volunteer assistance to VIP clients. Since 2003, Askin has assisted VIP clients in a va- Dr. Stanley Askin riety of matters. He makes time to rep- resent VIP clients amidst his demanding schedule as a practicing hand surgeon. He often takes cases outside of his general practice area to ensure VIP clients achieve access to justice. He consistently takes VIP’s most difficult guardianship cases, supporting VIP’s priority of maintaining family stability. Through his involve- ment in civil forfeiture and landlord/ tenant matters, Askin contributes to VIP’s goal of preventing homelessness. By his vigorous defense of clients in auto accident and consumer cases, he labors to maintain income and economic stability for VIP clients. In one recent collection defense case, Askin relentlessly advocated for his disabled client who was sued by a bank for more than $40,000. The suit resulted from a car note the client co- signed for her brother-in-law on which he then defaulted. Askin helped the client by obtaining a favorable ruling on a non-suit motion. Without his counsel and intervention, the client could have faced a lien or forced sale of her home for the judgment. For his commitment and dedication to VIP clients in many crucial Visit PhilaBarFoundation.org to purchase tickets areas, Philadelphia VIP offers its heartfelt appreciation to Dr. Stanley Askin. philadelphiabar.org October 2009 Philadelphia Bar Reporter 21 CALENDAR OF EVENTS

Note: While the following listings have been verified prior to press time, any scheduled Committee Room South. philabenchbar.org. Law Practice Management Division event may be subject to change by the committee or section chairs. Saturday, Oct. 24 Technology Committee: meeting, 12 Bench-Bar and Annual Conference: Thursday, Oct. 1 Thursday, Oct. 8 p.m., 11th floor Conference Center. Harrah’s Atlantic City. Information at Government and Public Service Lawyers Health Care Law Committee: meeting, Lunch: $8. philabenchbar.org. Committee: meeting, 12 p.m., 11th 12 p.m., 11th floor Committee Room Environmental Law Committee: meet- floor Conference Center. Lunch: $8. South. Lunch: $8.50. ing, 12:30 p.m., 10th floor Board Monday, Oct. 26 Women in the Profession Committee Young Lawyers Division Live Lunch and Room. Chancellor’s Forum – Celebrating Pro Public Service Task Force: Learn: Bono Collaborations: meeting, 12 12 p.m., 11th floor Conference Friday, Oct. 16 12 p.m., 11th p.m., 10th floor Board Room. Center. Lunch: $8. floor Conference Center. Social Security Disability Benefits Com- Legislative Liaison Committee: meeting, Young Lawyers Division Executive Com- Friday, Oct. 2 mittee: meeting, 12 p.m., 11th floor 12:30 p.m., 10th floor Board Room. mittee: meeting, 12 p.m., 10th floor LGBT Rights Committee: meeting, Conference Center. Lunch: $8. Board Room. 8:30 a.m., 11th floor Committee Monday, Oct. 19 Room. Friday, Oct. 9 Tuesday, Oct. 27 Public Interest Section Executive Com- Secrets to Business Development: 12 Solo and Small Firm Committee: meet- Criminal Justice Section: meeting, 12 mittee: meeting, 12 p.m., 10th floor p.m., 11th floor Conference Center. ing, 12 p.m., 10th floor Board Room. p.m., 11th floor Conference Center. Board Room. Lunch: $8. Lunch: $8. Saturday, Oct. 3 Young Lawyers Division Cabinet: meet- Secrets to Business Development: 12 Women in the Profession Committee: Young Lawyers Division Family Fall Fes- ing, 12 p.m., 10th floor Cabinet Room. p.m., 11th floor Conference Center. meeting, 12 p.m., 10th floor Board tival: 12 p.m., Philadelphia Zoo. Law Practice Management Division The Philadelphia Lawyer magazine Edi- Room. Lunch: $8. Executive Committee: meeting, 12 p.m., Monday, Oct. 5 torial Board: meeting, 12:15 p.m., 11th 11th floor Committee Room South. Wednesday, Oct. 28 Family Law Section: meeting, 12 p.m., floor Committee Room South. Medical Legal Committee: meeting, 12 10th floor Board Room. Lunch: $8. Tuesday, Oct. 20 Monday, Oct. 12 p.m., 11th floor Conference Center: Business Law Section Executive Com- Section Chairs: meeting, 8:30 a.m., Columbus Day: Bar Association offices Lunch: $8. mittee: meeting, 12 p.m., 11th floor 10th floor Board Room. closed. Attorney Career Development Commit- Committee Room South. Cabinet: meeting, 12 p.m., 10th floor tee: meeting, 12 p.m., 10th floor Board Civil Rights Committee: meeting, 12 Tuesday, Oct. 13 Board Room. Room. Lunch: $8. p.m., 11th floor Conference Center. Criminal Justice Section Executive Com- Employee Benefits Committee: meet- Lunch: $8. mittee: meeting, 12 p.m., 11th floor ing, 12:30 p.m., 11th floor Committee Thursday, Oct. 29 LRIS Committee: Tuesday, Oct. 6 Committee Room South. Room South. Lunch: $8. meeting, 12 p.m., Compulsory Arbitration Committee: 11th floor Committee Room South. Philadelphia Bar Foundation Board of Wednesday, Oct. 21 meeting, 12 p.m., 11th floor Commit- Minorities in the Profession Committee: Trustees: meeting, 12 p.m., 10th floor Workers’ Compensation Section Execu- tee Room. meeting, 12 p.m., 11th floor Confer- Board Room. tive Committee: meeting, 10:30 a.m., Professional Responsibility Committee: ence Center. Lunch: $8. Alternative Dispute Resolution Commit- 11th floor Committee Room South. meeting, 12 p.m., 11th floor Confer- Elder Law Committee: meeting, 1 p.m., tee: meeting, 12:15 p.m., 11th floor Workers’ Compensation Section: meet- ence Center. Lunch: $8. 10th floor Board Room. Lunch: $8. Committee Room South. ing, 12 p.m., 11th floor Conference Delivery of Legal Services Committee Board of Governors: meeting, 4 p.m., Center. Lunch: $8. Wednesday, Oct. 7 Diversity Discussion: 2:30 p.m., 11th 10th floor Board Room. LegalLine: 5 p.m., 11th floor LRIS Delivery of Legal Services Committee: floor Conference Center. offices. Friday, Oct. 30 meeting, 8:30 a.m., 10th floor Board Wednesday, Oct. 14 Minorities in the Profession Committee: Room. Friday, Oct. 23 Women in Intellectual Property Com- meeting, 12 p.m., 11th floor Confer- Intellectual Property Committee: meet- Bench-Bar and Annual Conference: mittee: meeting, 12 p.m., 11th floor ence Center. Lunch: $8. ing, 12 p.m., 11th floor Committee Harrah’s Atlantic City. Information at Conference Center. Lunch: $8. Room South. Lunch: $8. Appellate Courts Committee: meet- Rules and Procedure Committee: meet- Register online for most events at philadelphiabar.org. Unless otherwise specified, all checks ing, 12 p.m., 10th floor Board Room. ing, 12 p.m., 11th floor Conference for luncheons and programs should be made payable to the Philadelphia Bar Association and Lunch: $8. Center. Lunch: $8. mailed to Bar Headquarters, 1101 Market St., 11th fl., Philadelphia, Pa. 19107-2955. Send Committee on the Legal Rights of Per- Thursday, Oct. 15 Bar Association-related calendar items 30 days in advance to Managing Editor, Philadelphia sons with Disabilities: meeting, 12 p.m., Family Law Section Executive Com- Bar Reporter, Philadelphia Bar Association, 1101 Market St., Philadelphia, Pa. 19107-2955. 10th floor Board Room. mittee: meeting, 12 p.m., 11th floor Fax: (215) 238-1159. E-mail: [email protected].

Family Law ing help before a serious problem arises. If Filing for bankruptcy will stop a fore- to the debtor. Such discharge of indebted- continued from page 5 a homeowner anticipates a default, even closure action. Homeowners must con- ness is income reportable for tax purposes a slight one, he or she should contact the sult with a bankruptcy attorney to make and is taxable. Therefore, in negotiating a lender in advance. The lender will typical- important decisions such as whether resolution with a credit card issuer, if the able Loan program (REAL). The Federal ly help the client work out the problem. or not to file bankruptcy jointly with a debtor has a legitimate basis to dispute Housing Administration, Department of Grunfeld discouraged formally answering spouse and under which chapter to file. the overall outstanding amount, an agree- Housing and Urban Development and a foreclosure complaint as such action Grunfeld cautioned that any discharge ment can be reached which avoids the Veterans Administration also provide could set a poor tone for negotiation of of indebtedness by a credit card issuer can issuance of a Form 1099. some levels of assistance on their loans. a loan modification. However, asking be and often is considered income by the And, many lenders have internal loan a lender for a three-month foreclosure Internal Revenue Code. After negotiating Julia Swain, a partner with Fox Rothschild assistance programs. forbearance or six months to sell a house down an outstanding credit card balance, LLP, is treasurer of the Family Law Section. Grunfeld strongly recommended seek- can be favorably received by a lender. the credit card issuer sends a Form 1099

22 Philadelphia Bar Reporter October 2009 philadelphiabar.org David J. Steer- Kevin Casey, a man, a partner partner with Stradley People with Obermayer Ronon Stevens & Rebmann Maxwell Young, LLP, has & Hippel LLP, was been appointed the Stephanie Resnick, Joyce Link, a partner a featured speaker Federal Circuit Bar a partner with Fox with Montgomery, at the Pennsylva- Association’s delegate Rothschild LLP, has McCracken, Walker nia Bar Institute’s to the American Bar been appointed for & Rhoads, LLP, was Family Law 101 program on July 30. He Association. He was also elected to the a three-year term to a faculty member for discussed equitable distribution, appellate board of directors of the Federal Circuit the American Bar the Pennsylvania Bar and ethics in family law cases. Historical Society. Association Standing Institute’s “Religion Committee on the in the Workplace” Thomas J. Duffy, Neil A. Morris, a partner with Archer & Federal Judiciary. Continuing Legal Education program on founder of Duffy Greiner, P.C., has been named township July 30. + Partners, was labor counsel by the Radnor Township Arthur Seidel, of counsel to Drinker inducted as a Fellow (Pa.) Board of Commissioners. Biddle & Reath LLP, received the first Amber Racine, an associate at Anapol into the prestigious Philadelphia Intellectual Property Law Schwartz, Weiss, Cohan, Feldman & International Acad- Lee A. Zoeller, a Association Outstanding Achievement Smalley, P.C., has been elected to the emy of Trial Lawyers partner with Reed Award on May 21 in a ceremony at the executive board of the Barristers’ Associa- at the group’s mid- Smith LLP, has been Union League Club of Philadelphia. tion of Philadelphia. year meeting July 22-26 in San Francisco, elected president of Calif. the Institute for Pro- Mark W. Tanner, co-managing partner Carolyn P. Short, a partner with Reed fessionals in Taxation at Feldman, Shepherd, Wohlgelernter, Smith LLP, one of the 15 largest law Rhonda Hill Wilson, principal in The Law for 2009-2010. Tanner, Weinstock & Dodig, addressed firms in the world, has been selected as Offices of Rhonda Hill Wilson, P.C., was medical malpractice litigation at The a fellow by the Litigation Counsel of elected parliamentarian for the Ameri- Barry L. Cohen, a partner with Thorp Children’s Hospital of Pennsylvania America. can Association for Justice at the AAJ Reed & Armstrong, LLP, has been ap- continuing medical education program membership business meeting on July 29 pointed chair of the Trade Secrets and “Medical Legal Issues Facing the CHOP Peter J. Neeson, a senior partner with in San Francisco. Interference with Contracts Committee Practitioner” on June 4. He addressed Rawle & Henderson LLP, has been of the American Bar Association’s Intel- bad faith claims in a continuing legal selected to serve a three-year term on Muhammad At-Tauhidi, an associate with lectual Property Law Section. education program on July 9. The National Judicial College’s Board of Ballard Spahr Andrews & Ingersoll, LLP, Trustees. was named to the board of The Enter- Carl Buchholz, managing partner and Anthony R. La Ratta, a partner with prise Center, a nonprofit organization chief executive officer of Blank Rome Archer & Greiner, P.C., has been installed Matthew A. White, a partner with Ballard created to inspire, support, and provide LLP, has been named co-chair with his as 2nd Vice President of the Estate and Spahr Andrews & Ingersoll, LLP, was resources to minority entrepreneurs. wife Karen for the 27th Annual Arthur Financial Planning Council of Southern selected to serve on the Board of Manag- Ashe Youth Tennis and Education’s Ben- New Jersey. ers at Pennsylvania Hospital. Gregory J. Nowak, a partner with Pepper efit for Children, on April 23, 2010 at Hamilton LLP, has been elected chair and the Ashe Center in East Fairmount Park. James J. Eisenhower, a partner with Alan Gedrich, a partner with Stradley president of the Pennsylvania Economy Schnader Harrison Segal & Lewis LLP, Ronon Stevens & Young, LLP, has been League, Inc. Jonathan S. Ziss, a partner with Margo- was unanimously re-elected to serve as elected to the Board of Trustees of the lis Edelstein, participated in a two-day Chairman of Pennsylvania Intergovern- Academy in Manayunk, a Philadelphia- Michael B. Dubin, a member of Semanoff mock trial program as part of the Litiga- mental Cooperation Authority’s Board of based private school. Ormsby Greenberg & Torchia, LLC, was tion Bootcamp for Financial Experts, Directors. recently elected as a board member of presented by the National Association of Peter J. Smith, a member of Semanoff Federation Early Learning Services. Certified Valuation Analysts, sponsors of Katayun I. Jaffari, a partner with Saul Ormsby Greenberg & Torchia, LLC, the Certified Forensic Financial Analyst Ewing LLP, has been elected Vice Presi- recently was elected to the Board of David B. Pudlin, president and CEO of designation on Aug. 13-14. dent of the Support Center for Child Directors of the Eastern Montgomery Hangley Aronchick Segal & Pudlin, has Advocates. County Chamber of Commerce. been elected to the Board of Directors of Dr. Evan Y. Liu, J.D. of Feldman, Shep- the Mural Arts Project in Philadelphia. herd, Wohlgelernter, Tanner, Weinstock Harris T. Bock, direc- Paul N. Sandler, founding partner of San- & Dodig provided minority college tor of The Dispute dler & Marchesini, P.C., has been elected David H. Marion, a partner with Mont- students with an inside look at the prac- Resolution Institute, to a three-year term on the Board of gomery, McCracken, Walker & Rhoads, tice of law during Widener University was elected to serve Directors of the Big Brothers Big Sisters LLP and former Chancellor of the Phila- School of Law’s Jurist Academy summer on the board of the Association of Southeastern Pennsylva- delphia Bar Association, has been invited program on June 8. Philadelphia chapter nia. He has been a member of the Board to become a Fellow in the Litigation of the American of Directors for more than 20 years. Counsel of America. nNames ARE NEWS Heart Association. Christopher J. Cabott Richard W. Nenno of “People” highlights news of members’ H. Marc Tepper, a of the Law Office of Wilmington Trust awards, honors or appointments of a shareholder with Lloyd Z. Remick was has been appointed community or civic nature. Information Buchanan Ingersoll a featured panelist on to the American may be sent to Jeff Lyons, Senior Manag- ing Editor, Philadelphia Bar Reporter, & Rooney PC, was the topic of “How Bar Association’s Philadelphia Bar Association, 1101 Market recently elected as to Make Money in commission on St., 11th fl., Philadelphia, Pa. 19107-2955. the 2009-2010 presi- the Music Industry mental and physical Fax: (215) 238-1159. E-mail: reporter@ dent of The Ameri- Despite the Current disability law. Nenno philabar.org. Color photos are also ca-Israel Chamber of Economic Downtown” at the Dynamic has been blind since birth due to a rare welcome. Commerce, Central Atlantic Region. Producer Conference in Los Angeles. congenital condition. philadelphiabar.org October 2009 Philadelphia Bar Reporter 23 BarReporter_JLC5327_SqWc:210x297 COOP UK 9/21/09 9:21 AM Page 1

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24 Philadelphia Bar Reporter October 2009 philadelphiabar.org