December 2010
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Philadelphia ® The Monthly Newspaper of the Philadelphia Bar Association Vol. 39, No. 12 December 2010 Garcia to Discuss His Plans for 2011 White House as He Becomes Bar’s 84th Chancellor Honors Bar Like a Horatio Alger character, Rudy for Work on Garcia came from humble beginnings but has risen to the highest levels of our profession. “What better way to pay that forward than to FMLA, FLSA donate a year of service in my prime to the better- ment of Philadelphia lawyers,” said the incoming Association Chancellor Scott F. Chancellor of America’s oldest bar association. Cooper and Director of Public and Legal Services Charles Klitsch were guests of Chancellor’s Reception Jan. 5 the White House at a Nov. 19 ceremony All members of the Philadelphia legal com- hosted by Vice President Biden recog- munity are invited to attend a complimen- nizing three new programs designed to tary reception on Wednesday, Jan. 5 from 5 increase access to the justice system for to 7 p.m. in honor of Rudolph Garcia, 84th ordinary Americans. Chancellor of the Philadelphia Bar Associa- Cooper and Klitsch were invited to the tion, at the Hyatt at The Bellevue, Broad ceremony in recognition of the Associa- and Walnut streets. No RSVP is necessary. tion’s contribution to the development of one of those honored initiatives: a referral Garcia was born in South Philadelphia to the program to match claimants under the son of Mexican immigrants and the daughter of Family and Medical Leave Act (FMLA) Italian immigrants. His parents separated when and individuals with wage and hour he was five, and growing up with single parents claims under the Fair Labor Standards Act began to shape his self-reliant, independent (FLSA) with lawyers qualified to handle nature. their matters. On his own since his teens, Garcia worked to The event was also attended by At- support himself and pay for his education. He torney General Eric Holder, Secretary of attended Penn State for two years, then took time Labor Hilda Solis, Senior Counselor for off to hitchhike across the country with nothing Access to Justice Laurence Tribe, senior but the clothes on his back and $10 in his pocket. administration officials, American Bar About a year later, he returned to Pennsylvania Association President-Elect William T. and completed his undergraduate studies at Robinson and metropolitan bar presidents Temple University, graduating magna cum laude whose associations were involved in the in 1974. He then attended Temple Law School, development of the other two honored where he served as president of the moot court programs. and a member of the law review, graduating cum The referral program for FMLA and laude in 1977. FLSA claimants arose from the Depart- Photo by Londa Salamon Londa by Photo continued on page 14 Rudolph Garcia ment of Labor’s recognition that the continued on page 20 Pro Bono Non-Lawyer Network Set for 2011 Launch In This Issue n By Joseph A. Sullivan out of the recognition that high-quality bono attorneys need experts to effectively legal representation depends not only on advocate for clients. 4 Discovery Uniformity The Pro Bono Non-Lawyer Part- dedicated work by legal aid and pro bono Professor Louis S. Rulli of the Uni- 5 Awards Announced nership Network, a 2010 public service lawyers, but also on the availability of versity of Pennsylvania Law School, who initiative conceived by Chancellor Scott public service-minded professionals and chairs the effort to design and create the 8 Chancellor’s Forum F. Cooper and the Philadelphia Bar experts to ensure that justice is achieved. network, offered an illustration of the Association, is nearing its launch as an The network will actively recruit non- need: “When, for example, an indigent, 10 Hamilton Benefit innovative pilot project administered by lawyer professionals, such as accountants, elderly Philadelphian is robbed of title Philadelphia VIP to expand access to forensic scientists and handwriting to her home through a fraudulent deed 13 PNC Perspectives justice for low-income individuals and experts, who want to “give back” to the transfer, the return of her property may 15 Guidance Opinions families. community by matching their talents well depend not only upon the provision The idea of a non-lawyer network grew with cases in which legal services and pro continued on page 20 Passion Rings THE STORE ALL DESIGNS © LAGOS RITTENHOUSE SQUARE FLAGSHIP 1735 WALNUT STREET, PHILADELPHIA 215.567.0770 AD_LAGOS-BAR_9-625x12-5-2010.indd 1 11/18/2010 4:38:47 PM 2 Philadelphia Bar Reporter December 2010 philadelphiabar.org Frontline Editor-in-Chief Asima Panigrahi, Esq. A Busy Year of Accomplishment, Editor Emeritus Bruce H. Bikin, Esq. Progress Comes to a Conclusion Associate Editors Heather J. Austin, Esq. Ria C. Momblanco, Esq. It is with very mixed emotions that for a program. Special By Scott F. Cooper Chancellor. The many Regina Parker, Esq. I author my final column as the 83rd thanks are due to Rich- early breakfast meetings Thomas Bryan, Esq. Chancellor of the Philadelphia Bar As- ard Seidel, who chaired and after-work events Edward P. Kelly, Esq. sociation. the Association’s Board frequently translated to Sarah L. Hopkins, Esq. Julia Swain, Esq. I am sad because a truly wonderful of Governors and was a me not being at home. Nicole Edwards, Esq. year and experience are coming to an member of the Cabinet. Their support made this end. But I am thrilled that it was a year of His perspectives, counsel year possible. Contributing Editor incredible progress, accomplishment and and guidance were Soon, we will issue Richard Max Bockol, Esq. positive energy that positions us well for invaluable throughout our 2010 Annual Advisory Editors the future. the year. Report. It will be a more Sunah Park, Esq. I knew in December 2009 that there Of course, it took a complete list of the Molly Peckman, Esq. was a groundswell within our member- truly exceptional Bar As- people and projects Marc W. Reuben, Esq. ship. Our Association was ready to sociation staff to bring it that made this past year Associate Executive Director, engage head-on the new era of practic- all together and publicize it so seamlessly. so special. In the meantime, I want to Communications ing law and the daunting economy. The I cannot thank them all, but I must single highlight here just a few of the items that Mark Tarasiewicz membership was ready for bold responses out Ken Shear, Paul Kazaras, Mark Tar- made this year so successful. Senior Managing Editor, that were at times out-of-the-box and asiewicz, Susan Knight, Tracey McClos- Philadelphia Bar Association Acad- Publications untested ideas. They were looking for the key, Charlie Klitsch, Wes Terry, Michael emy. We created a signature institution Jeff Lyons Philadelphia Bar Association to fulfill its Petitti and Dawn Petit for all their work that links members of the association role as a leader, and not just host a year throughout the year. I also thank Naomi with the community and Philadelphia’s Executive Director with a politically safe agenda. McLaurin for joining the staff during wonderful civic, academic and cultural Kenneth Shear I knew that if the Association’s leader- 2010. It is an incredible team. institutions. Under the leadership of ship came ready with a plan, made the I also want to thank all my law part- Judge A. Michael Snyder, this program The Philadelphia Bar Reporter (ISSN 1098- case for innovation, was inclusive, and ners and colleagues at Blank Rome, along has already received national recognition. 5352) is published monthly and available by subscription for $45 per year by the Philadel- stayed focused on implementation, the with our great clients, without whose sup- Our sold-out events with the Philadelphia phia Bar Association, 1101 Market St., 11th results would follow. You trusted me and port none of this would have been pos- Union, KYW Newsradio 1060, Le Bec floor, Philadelphia, PA 19107-2911. Periodicals the other leaders to take those risks, and sible. A special thanks to my assistant and Fin, Philadelphia Opera Company, Apple postage paid at Philadelphia, PA POSTMASTER: Send address changes to Philadelphia Bar Re- the dividends paid off. friend, Tanya Robinson, who kept me on and Tastykake have brought members of porter, c/o Philadelphia Bar Association, 1101 As promised, we expanded programs, time and organized during this year. the association together to learn, grow Market St., 11th floor, Philadelphia, PA 19107- 2955. Telephone: (215) 238-6300. Association increased efficiencies, leveraged technol- I also must thank my wife, Karen, and find common interests. There will be Web site: philadelphiabar.org. Newspaper e- ogy and expanded communications. And and my children Amanda and Colin. even more next year. mail address: [email protected]. The edi- we did all this without ever compromis- They bore the hardest part of my being continued on page 16 torial and other views expressed in the Phila- delphia Bar Reporter are not necessarily those ing our core missions and programs to of the Association, its officers or its members. serve the community, the profession and NOTICE TO POTENTIAL JUDICIAL CANDIDATES Advertising rates and information are available an independent judiciary. from David Hoeckel at MediaTwo, 1014 W. 36th St., Baltimore, MD, 21211. Telephone: (443) Having had the chance to lead this The Commission on Judicial Selection and Retention of the 909-7824. great organization was a remarkable Philadelphia Bar Association evaluates the qualifications of persons Page 1 skyline photo by Edward Savaria, Jr./PCVB honor. I repaid your trust in me by going seeking appointment or election to the Philadelphia Common Pleas and Municipal Courts.